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HomeMy WebLinkAbout1990-01-02 .,,"'f! ~~'5;;);;::;,;~~/~~,,~$'= . .~ . . I a- , MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA January 2, 1990 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, January 2, 1990, at 2:00 p.m. Present were Mayor Stiff, Com- missioner 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 and December 26, 1989 It was moved by Commissioner Hawks. seconded by Commissioner Vant Hull, that the Commission approve the minutes of the regular meetings of December 4 and December 26, 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. Comments to new Commissioners from incumbent Commissioners Commissioner Hawks indicated he has shared his comments and observations with the new Commissioners during earlier meetings. He then indicated he is prepared to make a formal statement when he is seated in his new office. Commissioner Vant Hull distributed to the Commissioners copies of the graph which she has completed showing the value of a mill over the past ten plus years. S he noted that one of the most important things for the new Commissioners to remember is that the financial aspects of the City must be viewed with thriftiness in mind. She noted that. al- though the mill value has usually risen in the past ten years, there was a 14-percent de- crease incurred one year. She also noted that during recent legislative sessions. local governments have historically been mandated to provide more services and assigned more duties. while receiving no additional funds. Commissioner Vant Hull then urged the new Commissioners to remember one word in their deliberations: IIthriftll. Commissioner Martel congratulated the new Commissioners. He then waxed philo- sophical for a few moments concerning winners and losers. citing Thomas Jefferson and Sir Winston Churchill. He noted that the new Commissioners. as well as the City. will face many problems and challenges in the next four years. Commissioner Martel stated he is grateful to have had the opportunity to be involved in the City's government during the past four years. He noted that during his tenure, several problems and challenges have been identified; and steps have been established to ".I >' . 01-02-90 .,...' .. ,'. ~ , , ~ ~ - 2 - '. address those issues. He noted it is unfortunate that he wi/I not be directly involved'iri future considerations of those items. The Commissioner then noted these past four years have been educational; and he has incurred more satisfaction t.han disappocintmentsand frustrations. Commissioner Martel then imparted a few words of wisdom: lilt is easler to pass, laws than to enforce them. It's always easier to tax 'the other guy'. Cban9.~$"occur much ,., slower than desired or expected.1I The Commissioner implored the new Commissltiners to not unravel the good work that this, and past, Commissions. have accomplished. Commissioner Martel wished the new Commissioners a lot of Qood luck, ,sinc:;e they wi II probably need it. He noted the City is on the threshhold ofa new decade, approach- ing another century. He predicted that changes made by the incoming, as well as future, Commissions will be severe, far-reaching and long-lasting Commissioner Martel thanked the electorate for the trust they placed in him four years ago, stating he has served them to the best of his ability during the past four years. Commissioner Goehrung stated he looks forward to working with the new Commis- sioners during the next two years. He noted the first year as C~~missioner is spent learning and getting oneself oriented. He indicated that he wjII attempt to disseminate as much of the information he has gathered as possible during this process. Mayor Stiff told the new Commissioners they are stepping 10 to a fine City--thebest in Montana. He noted that in the decade of the 80's, the Bozeman City government made many strides; but there is room for improvement. He noted the City's administration is a strong one, with many good people; and he encouraged the new Commissioners to draw on, and support, that strength. Mayor Stiff reminded the new Commissioners that the most important, in fact, the only, thing they have is their vote--which is only one of 'five. He cautioned them that individually they have no strength. He also noted it is imperative that everything is placed on the table, in front of their constituents as well .as the media. He stated the Commissions of the 1980.s have worked hard to accomplish this openness; and he feels they have been successful in this area. Mayor Stiff reminisced back to 1979, when he decided to become involved in City government because of its financial condition. He noted the City now has strong financial people, with the backing of the administration; and the City is being well taken care of. The Mayor stated that annual review of the user rates for the various enterprise funds has been implemented; and he encouraged the neW Commission to retain that annual review and adjustment to avoid the 50-percent increases which were realized a few years ago. The Mayor then congratulated the new Commissioners on their election, encouraging 01-02-90 '. ~ 1 - 3 - , them to take care of the "Cityl lovell. , Continued discussion - possible adoption of an interim zoning ordinance City Manager Wysocki reminded the 'Commissioners that a few questions were raised during last week's discussion of this item; therefore, it was continued to this meeting. He noted the questions concerned at what point the Commission would be in a position to pos- sibly adopt an interim zoning ordinance, and when the document upon which the public hear- ing is to be held would be available for review. He then distributed to the Commission a memo listing the dates that information on the document must be available for three dif- ferent possible hearing dates. He reminded the Commission that, in any event, the Up- dated Bozeman Area Master Plan must be adopted prior to holding a public hearing on an interim zoning ordinance. The City Manager then indicated that the City-County Planning Board has sched- uled a meeting for January 8, at which time they will consider the changes proposed to the December 15, 1989, draft of the zone code as set forth on the disk which the staff has re- ceived from BRW. He noted this next draft should be dated approximately January 11, 1990; and he feels it is important that this draft be specified as the one upon which the publ ic hearing is to be held. The City Manager further noted that the completion date of this draft will probably affect the public hearing date in addition to adoption of the master plan. Commissioner Hawks stated that he discussed the timeframe for completing the next draft of the zone code with the chairman of the ad hoc implementation committee this morn- ing; and was assured there would be no problem having the draft completed by January 11 for a January 22 public hearing. Commissioner Hawks then stated one question he had was whether adoption of an interim zone code would preclude changing of the zoning code prior to its final adoption. He suggested that minor adjustments, which would slightly alter the document, could be made. He further reminded the Commission that the decision or'! whether to adopt the in- terim zoning ordinance does not need to be adopted immediately following the public hear- ing, but may be deferred for a week. Commissioner Vant Hull stated that at last week's m~eting, City Attorney Becker specifically stated that the Commission does not relinquish jurisdiction of the additional two-mile radius in the jurisdictional area by adoption of the interim zoning ordinance. She suggested that insertion of this should possibly be ,considered as a correction to last week's minutes. Following discussion, the Commission concurreq that reference to the statement in this week's minutes is appropriate; and there is no need to address it as a correction to 01-02-90 ~,j;,:... . J - 4 - last week's minutes. City Attorney Becker once again reviewed what impact adoption of the interim zon- ing ordinance would have. He noted that the City's current zone code covers a three-mi Ie jurisdictional area; however, the interim zoning ordinance, by statute, may cover only one mile outside the city limits. He stated, therefore, the City would not rei inquish the three-mile jurisdictional area by adoption of the interim zoning ordinance. Rather, the cur- rent zone code would remain in effect in the one- to three-mile jurisdictional area; and the interim zoning ordinance would be in effect within the city limits and the one-mile radius. Commissioner Martel stated he has some basic problems with the interim zoning ordi- nance. He indicated that adoption of the interim zoning ordinance could cause confusion in administration; and he feels it would create more problems than it would solve. He noted that the new master plan is scheduled for adoption this month; and the new zone code could be adopted some time between February and April. He then suggested that it would be better to allow the existing zone code to govern until the new zone code is adopted in its final form, noting that adoption of an interim zoning ordinance could effectively create a moratorium on development because of the uncertainties involved. Commissioner Goehrung asked what waiting period is involved after the Commission adopts the master plan. City Attorney Becker responded that the master plan is a statement of policy; therefore, it is effective immediately upon adoption. He then stated that the zone code is a statement of law; therefore, it must be adopted by ordinance. He reminded the Commis- sion that an ordinance must be adopted twice, and becomes effective thirty days after final adoption; therefore, that process takes a minimum of forty-fi~,e days. I n response to a question from Commissioner Goehrung, the City Attorney indicated that he is concerned someone might interpret adoption of an interim zoning ordinance as relinquishing all extraterritorial jurisdiction except the one-mile radius allowed under that ordinance. He indicated he would prefer that the proposed interim zoning ordinance be revised prior to adoption to specifically state that the City does not relinquish itsexistin9 extraterritorial jurisdiction in the one- to three-mile area. Commissioner Goehrung then asked if County adoption of the master plan has any impact on the City's adoption of its zone code. The City Attorney responded that once the City Commission has adopted the master plan, it can proceed with its zone code and continue to exercise its three-mile jurisdictional authority. He suggested it would be nice if the County Commission would agree to the concept and program; however, it is not necessary. Commissioner Goehrung asked if the ad hoc implementation committee and staff are confident that they will have a zone code document by January 11 which is 80- to 90-per- 01-02-90 " . - 5 - cent final. Commissioner Hawks stated the committee is confident that the latest draft can be completed by that date, noting it will include public comments received to January 8. Commissioner Goehrung asked how staff will administer the time period between adoption of the new master plan and possible adoption of an interim zoning ordinance. City Attorney Becker responded the existing zone code would be followed. He then reminded the Commission of the process for adoption of an interim zoning ordinance. He noted that a pUblic hearing date must be established; and the seven-day publication re- quirement must be met. He then stated that following the pUblic hearing, the Commission may adopt the ordinance; and it becomes effective immediately. Mayor Stiff stated that during the past week, he has spent time in those sections of the zone code about which he has concerns, indicating he feels staff time could be better spent helping the public become acquainted with the new zone code than with developing a draft which will serve as an interim zoning code. The Mayor stated he has once again read the section pertaining to historic preservation and neighborhood conservation, noting there is a definite bulge in governmental cost involved . He stated that a pro forma should be performed on that section; and the projected costs should be made available before any action is taken on the document. The Mayor expressed concern that adoption of an interim zoning ordinance, which would be a draft of the zone code, might be construed as stepping up the adoption pro- cess, sidestepping public input. He then noted he does not believe that any property owner or developer will make any strong decisions about development under the interim zoning ordinance, but would wait until the zone code has been adopted. Mayor Stiff then stated he does not bel ieve people realize what may happen to the zoning of their property under the new zone code. He noted that adoption of the new code, including the revised zoning maps, could have a dramatic financial impact on some of the property owners in the community; and he feels steps should be taken to make them aware of that potential impact. The Mayor noted that staff has not been involved in revision of the sign code. He also noted that the portion of the zone code not yet completed is the most difficult portion. The Mayor then stated he feels it would be best to encourage staff to complete the zone code and familiarize the public with the finalized product prior to Commission adoption. He, therefore, encouraged the Commission to not set a public hearing on a possible Interim zoning ordinance. Commissioner Hawks stated the intent of the proposed interim zoning ordinance is to provide a document which is in concert with the updated master plan, to ensure that de- velopment undertaken at this time does not conflict with the new documents. He noted 01-02-90 , . ! - 6 - that the new master plan and zone code are substantially different from the existing docu- ments; and it is beneficial to have the two documents complement each other rather than create "catch 22" situations during the process. The Commissioner stated he feels adoption of an interim zoning ordinance will create less problems than not adopting one will. Commissioner Hawks then conceded there may be portions of the zone code which need to be explained and upon which more public attention should be focused. He then indicated a willingness to slow the process of 'adopting the zone code to provide for the additional public information sessions, noting the interim zoning ordinance could cover the period between adoption of the master plan and the final zone code. Mayor Stiff stated he is concerned about the items and issues which will be changed between the interim zoning ordinance and the final zone code. He indicated he feels the City would be liable, both ethically and legally, by adopting an interim document which is acknowledged as being different from that of the final product. The Mayor stated that if the Commission is interested in imposing a moratorium until the final zone code is adopted, he feels that would be appropriate. He stated that he believes the publiC would un- derstand this is a complex subject which must be addressed in a deliberate manner, rather than hurried; and they would accept such:an action ,better than the proposed interim zon- ing ordinance process. In response to a request from Commissioner Hawks, Planning Director Epple noted that the ad hoc implementation committee considered the pOSSibility of a moratorium; and the nearly unanimous feeling was that they did not wish to imply a moratorium. He noted they preferred adoption of a zoning ordinance, on an interim basis , which would more ac- curately reflect the values of the new master plan, recognizing that the interim document will be somewhat different from the one finally adopted. The Commissioners entered an extensive discussion of the various issues which have been raised by the individual Commissioners. Each of the Commissioners, in turn, reaf- firmed his/her position on the issue. Mayor Stiff expressed concern about adopting an interim;zoning ordinance after relatively little public input. He noted that the various groups which have been dis- cussing the issues contained in the documentcontafn the same core of people; and there is the implication that those involved are only talking to themsel,ves right now. He noted that the pUblic has not been heard from to this point~ Commissioner Hawks noted that the public hearing set for January 8, before the City-County Planning Board, is for the purpose of receiving public input on the zone code. He also stated that public information>sess,iQns have been held on the zone code. Mayor Stiff noted that several drafts of the, various documents have been prepared 01-02-90 . " - 7 - . to date. He then suggested the average citizen is waiting for a finalized draft before he tries to understand the document and the process. Commissioner Martel stated he does not believe that the urgency for adopting an emergency measure has been demonstrated; therefore, he does not believe an interim zon- ing ordinance should be considered. He also expressed concern that a development allowed under the interim zoning ordinance may not be in conformance with the zone code which is finally adopted. City Manager Wysocki noted it is imperative that a specific draft of the zone code document be tied to the interim zoning ordinance so interested people have something spe- cific to review and address at the public hearing. He also indicated it is imperative that information be available when the advertisement is placed in the newspaper. He then sug- gested that if the Commission determines it wishes to conduct a public hearing on a proposed interim zoning ordinance, it should set the hearing date with the condition that the information is ready by the date set forth in his memo. The City Manager reminded the Commission that adoption of an interim zoning ordi- nance would basically freeze that draft of the zone code until the new zone code has been adopted or the six-month period has expired, whichever occurs first. He noted that the draft of the zone code can then be revised as determined appropriate, with the final draft possibly being quite different from the draft which was implemented as the interim zoning ordinance. The City Manager stated, from a practical standpoint, completion of the re- vision process could easily take sixty to ninety days. Planning Director Epple noted it would be nice to encourage people outside the juris- diction of an interim zoning ordinance to voluntarily design their projects to conform with the new zone code regulations; however, the staff has no legal basis to require such com- pliance. He then stated that the existing zone code is more restrictive than the new pro- posed zone code will be. Mayor Stiff noted that the City of Missoula 'recently spent hundreds of thousands of dollars to develop a master plan and zone code for that community. He noted that in Bozeman, volunteers have worked hard; the staff has worked extremely diligently; and the City has spent $49,000 for a consultant to assist in the process. He then stated that staff should be encouraged to continue working on completion of the zone code, rather than be- ing directed to develop and administer an interim zoning ordinance while trying to complete the work on the zone code. Commissioner Goehrung stated the Commission must consider the general health, safety and welfare of the community in making a decision on whether to set a public hear- ing date on an interim zoning ordinance. He noted that an interim sign code has been im- plemented to stem the proliferation of portable signs being used as permanent signs. He 01-02-90 . . . . . . ' " - 8 - . ","then stated he feels it may be in the public interest to implement an interim zoning ordi- nance which would preclude developments that might not be in compliance with the new zone code. Commissioner Martel asked when the zoning maps are to be redrawn. The Planning Director responded that the draft zoning maps have been drawn; and they are hanging in his office, briefly highlighting some of the zoning changes contained on those maps. He noted that the maps have not yet been reduced to a size which will fit into the draft zone code documents. Planning Director Epple then stated that the idea of an interim zoning ordinance is not a staff-generated concept; however, the staff will pre- pare whatever documents are necessary if that is what the Commission desires. The City Manager suggested that the advertisement for public hearing include ref- erence to the zoning map and the proposed revision of zoning designations . Commissioner Hawks reminded the CommissIon that the deCision to be made at this time is whether they wish to set a public hearing date on a proposed interim zoning ordi- nance. Mayor Stiff concurred. He noted, however, that the Commission has had to slow the process at each step, to allow adequate time for public information sessions and for public input through the hearing process. He stated that he feels this step is premature, since public information sessions on the zone code, particularly those sections dealing with historic preservation and neighborhood conservation districts as well as overlay districts, have been inadequate to date. In response to a question from Commissioner Vant Hull, the Planning Director in- dicated he has not considered whether more staff worklOad would be created under an in- terim zoning ordinance than under the existing ,zpnecode. Mr. Joe Gary, attorney representing Mr. Junior Tschache, owner of property lying north of Durston Road, stated he attended an informational meeting on the zone code, at which time he was informed that the zone code was "written in stonell; and the changes he had proposed would not be considered. Mr. Gary stated he feels people should be given an opportunity to provide input, which is carefully considered prior to adoption of an in- terim zoning ordinance or the zone code. Mrs. Daria Joyner, Executive Director of the Bozeman Area Chamber of Commerce, stated that after attending the informational meetings held to date, she was under the im- pression an information session on historic preservation and the neighborhood conservation districts would be held prior to pUblic hearings on the zone code. City Manager Wysocki suggested that changes be made in the draft interim zoning ordinance if the Commission decides to consider it. He noted that a "Whereasll should be added which would specifically state that the City will retain its jurisdictional area from 01-02-90 , . . . , ~_ .r - 9 - , ' ~ one to three miles outside the city- limits, where the existing zone code will be in effect. He further suggested that, if. the Commission sets a public hearing date on the proposed interim zoning ordinance, a copy of the proposed zone map should be included in the advertisement for the public hearing. The City Manager then reminded the Commission that the master plan must be adopted before the public hearing on the interim zoning ordi- nance may be conducted. He suggested that if the public hearing is set for January 22 and the master plan has not yet been adopted, the Commission must open and close the public hearing, then set another public hearing date. Commissioner Hawks referenced the change made at last week's meeting in the first "Whereas" on Page 2, to reflect "... which could be in conflict with the new Master Plan and the intent and provisions of the proposed draft Zoning Ordinance; ... II Commissioner Goehrung encouraged the staff to conduct an informational meeting on the historic preservation and overlay sections of the zone code prior to the Commission's public hearing on the interim zoning ordinance. The Commissioners concurred. , Mayor Stiff indicated that he will support the majority position on this item. It was moved by Commissioner Vant Hull, seconded by Commissioner Goehrung, that the Commission approve revisions to the proposed interim zoning ordinance, including: adding a "Whereas" to address the jurisdictional area, adding a reference to the "draft dated January 11, 1990", and amending the first "Whereas II on the second page to incorpo- rate reference to the Master Plan; authorize and direct the staff to include a copy of the draft zone map in the newspaper advertisement for the pUblic hearing; and set the public hearing for January 22, 1990. 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. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Informa- tion" items. (1) Notice of the Chamber of Commerce Governmental Affairs Committee meeting to be held at 7:30 a.m. on January 4 at the GranTree Inn. (2) Copy of a letter from Senator Max Baucus announcing a meeting scheduled for 10:15 a.m. on Monday, January 8, at the Library concerning funding for the North 19th Avenue interchange, along with a copy of the letter submitted to one of his staff members from the City staff, dated December 1, concerning the project. (3) Agenda for the Highway Commission meeting to be held on January 11 in Great Falls. The City Manager noted that if any of the agenda items pertain to Bozeman, some- 01-02-90 , , . . . . , - ~), - 10 - . one from the staff will be in attendance. (4 ) The City Manager submitted his weekly report as follows. (1) He reminded the Commission of the meeting scheduled with Senator Baucus, encouraging as many as possible to attend. (2) He met with representatives from Life Link and will meet with them again next week. (3) The City pulled the ice and snow from the curbs on Babcock and Mendenhall; and the State did the same on Main Street. He noted the same process will need to be followed as a result of the snow today, possibly to include hauling of the snow. (4) The Finance Department called $543,000 in SID bonds as of January 1, including $295,000 in interest. 10 (5) Commissioner Vant Hull distributed to her fellow Commissioners some informa.... /I tion, the subject of which was not revealed tO~heCh~:t'I<.,~ L ~ d'"'V~ (0 I V /VI --/ () ~ dO- P? / -z,/ 1"'7 "~ ~' ~ # ~ .J2- ~ ~ ~" -e,:..'.'cC2- Adjournment - 3:26 p.m. J . There being no further business to come'~for~theConltnission at this time, it was' moved by Commissioner Martel, seconded by ComntlssionerGOehrUJig,that the me~ting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commi!;sioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. 01-02-90 ">. ~{ .'IIIt..'