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HomeMy WebLinkAbout1990-02-12 ~ . , 'j . , 't .;' j' MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA February 12, 1990 ************************ The Commission of the City of Bozeman met in regular session In the Commission Room, Municipal Building, February 12, 1990, at 2:30 p.m. Present were Mayor Hawks, Commissioner Goehrung, Commissioner Frost, Commissioner Knapp, Commissioner Swanson, City Manager Wysocki, City Attorney Becker and Clerk of the Commission Sull/van. The meeting was opened with the Pledge of Allegiance and a moment of silence. Minutes - January 29 and February 5, 1990 Action on the minutes of the regular meetings of January 29 and February 5, 1990 was deferred for a period of one week. Decision -interim zoning ordinance City Manager Wysocki presented Ordinance No. 1303, as reviewed by the City At- torney, entitled: ORDINANCE NO. 1303 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PURSUANT TO 76-2';'306, MONTANA CODE ANNOTATED, ESTAB- LISHING AS AN INTERIM ZONING ORDINANCE THE DRAFT CITY OF BOZEMAN ZONING ORDINANCE DATED JANUARY 18, 1990, AND THE DRAFT CITY OF BOZEMAN SIGN ORDINANCE DATED JANUARY 3, 1990, AS PRE- PARED BY THE CONSULTING FIRM OF BRW, INC., AND REVISED BY LO- CAL OFFICIALS, WITH SAID INTERIM ORDINANCE EFFECTIVE WITHIN THE CITY LIMITS AND WITHIN ONE (1) MILE BEYOND THE CORPORATE BOUND- ARIES OF THE CITY FOR A PERIOD OF SIX (6) MONTHS FROM THE DATE OF ADOPTION OF THIS ORDINANCE. The City Manager reminded the Commission that adoption of this ordinance will im- plement the draft zone code dated January 18,1990 and the sign code dated January 3, 1990, with revisions, as an interim zoning ordinance, which will be effective for a period of six months. Planner Ron Brey highlighted the items included in the interim zoning ordinance, noting they include: (1) the January 18, 1990 draft of the zone code; (2) the January 3, 1990 draft of the sign code; (3) revisions from the public hearing process and Commission deliberations at their February 5 meeting; (4) further revisions addressing the City Attor- ney's concerns about the appeals process and final review authority, as listed in the Feb- ruary 8 memo; and (5) the memo of February 12 with suggested rewording from the City Attorney concerning three specific sections of the draft zone code. He then distributed to the Commission a memo listing proposed fees to be implemented in conjunction with the in- terim zoning ordinance. The Planner then briefly reviewed some of the revisions made in the original draft 02-12-90 ---,~- ',..." . 1 . , . . .. ~ '. J - 2 - ~ documents, in response to the concerns raised by various individuals. He noted that con- ditional use permits, planned unit developments, zone map changes and zone code amend- ments will be advertised In the newspaper as they have been in the past; and appeals will be published prior to consideration by the City Commission. The Planner then stated that the definition of IIhearlngs examinerll has been revised, so it no longer specifies the Chair- man of the City-County Planning Board. The Planner stated that the City Commission will have final authority on historic preservation items, planned unit devel,Opments, conditional use permits and zone code amendments. These items will be considered under the consent agenda unless an appeal is f/led. However, a Commissioner may remove ,an item from the consent agenda if so desired. Planner Brey reviewed the fee schedule, suggesting that if the Commission adopts the interim zoning ordinance, they should also vote to adopt the fee schedule as submitted and direct staff to prepare a resolution adopting said fees for action at next week's meet- ing. He noted that the fees as submitted are current fees, fees as proposed in the BRW draft, or modification of fees proposed by BRW. He stated no fee has been established for the appeals process; and he would recommend that one not be implemented under the inter- im zoning ordinance but that it be considered prior to final adoption of the zone code. Commissioner Goehrung asked if the proposed fees are based on costs associated with processing the various elements or if the fees might be adjusted as a result of this interim process. The Planner indicated the fees will be reviewed during the effective period of the interim zoning ordinance. He noted that, although the proposed fees are based on current or recommended fees, it Is difficult to forecast the amount of staff time that will be required for processing the various types of applications. Commissioner Swanson noted the fee for the Certificate of Appropriateness is $40; and if the basic application for a project is only $150 to $200, that fee represents 20 to 25 percent of the total fees assessed. He then asked if there is any possibility of adjusting the fee for the Certificate in those instances; Mr. Swenson responded that is an issue that ~ should be~ring the interim period. Commissioner Knapp noted that Section 18.42.090. B., on Page 75 is confusing as revised because the first sentence indicates the HPAC's advice shall be mandatory; howev- er, a revision later in the paragraph indicates that all deviations, adjustments or varia- tions are subject to final approval by the City Commission. Planner Brey responded that the revisions made in the paragraph were not carried through in the first sentence, but should have been. Commissioner Knapp then asked about the twelve-month period establ ished for his- 02-12-90 l -, ", , -, I - 3 - toric preservation projects. Mr. Keith Swenson stated the twelve-month period was recommended by the consul- tant, and is typically used throughout the country. He noted that six months is used in some communities; and suggested that a six-month period with a possible six-month exten- sion would be more appropriate. Mayor Hawks stated he feels the Commission should be informed of the procedural rules established by the various independent committees created under the interim zoning ord inance. Planner Brey concurred, indicating copies of the procedural rules will be submitted to the Commission for their information. It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the Commission adopt Ordinance No. 1303, the interim zoning ordinance, including: (1) the January 18, 1990 draft of the zone code; (2) the January 3, 1990 draft of the sign code; (3) revisions from the public hearing process and Commission deliberations at their Febru- ary 5 meeting; (4) further revisions addressing the City Attorney's concerns about the appeals process and final review authority, as listed in the February 8 memo; and (5) the memo of February 12 with suggested rewording from the City Attorney concerning three specific sections of the draft zone code, as revised. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Frost, Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No, none. Mayor Hawks thanked City Attorney Becker, the Planning staff, the ad hoc imple- mentation committee and the volunteers for their efforts in making this a successful pro- cess. Commissioner Swanson noted several questions have been raised during the public input process. briefly highlighting his responses, as follows. He noted the process should be a faster one; public input will be solicited at the beginning of the process, where it is very important; he feels less government will be involved under the new historic preserva- tion section, with better planning for and care of historic structures; and he feels a more attractive community will develop under this code. He then encouraged the staff to pursue additional information and answers during the interim period, whi Ie this ordinance is in ef- fect, before the final zone code is adopted. City Manager Wysocki recommended that the Commission approve the fee schedule as submitted and direct staff to prepare a resolution for adoption at next week's meeting. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Commission approve the fee schedule as submitted, and direct staff to prepare a resolution for adoption at next week's meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Swanson, Commissioner 02-12-90 __ ..,0.~"...,._, - , , i -' - 4 - Knapp, Commissioner Goehrung and Mayor Hawks; those voting No, none. This was the time and place set for the public hearing on the Conditional Use Per- mit requested by Dick Walter Motors to allow construction and operation of an automobile dealership with accessory parts and service departments on Lots 18-A and 18-B, Gordon Mandeville State School Section Subdivision. The subject site is more commonly known as 2310 North 7th Avenue. Mayor Hawks reopened the continued public hearing. He reminded the Commission that this item is being considered because the subject property is located in an M-l- T, Commercial--Light Manufacturing with a Transitional Overlay, District. He noted that the specific issues to be addressed under this overlay zone include landscaping, buffering and entryway signage. He further reminded the Commission that the new zone code, which is to be implemented In the near future, does have some guidelines for this type of area, which the Commission may wish to consider during its decision-making process. Planning Director Andy Epple stated that, as a result of last week's meeting, the staff prepared two memos for Commission consideration. He noted the first provides a revised set of conditions for approval of this application; and the second provides the Commission with background on the recommended conditions pertaining to waivers of pro- test for the creation of special improvement districts and a listing of those projects on which such a condition has been imposed over the past three years. The Planning Director then highlighted the recommended changes in the conditions, noting they do not change the intent of the resolution adopted by the City-County Plan- ning Board. In Condition No.6, an option has been provided so the applicant may either provide the engineering design and Installation of street Improvements to North 7th Avenue or sign a waiver of protest for the creation of a special improvement district for those im- provements, in an amount not to exceed one-half a local street standard. In Condition No. 7, a ceiling in the amount of $3,000, subject to CPI adjustment, has been established; and a time limit of seven years has been attached. The Planning Director noted that both of these conditions meet the Intent of those previously recommended; however, they are more specifically worded in response to concerns raised by the applicant. Condition No. 10 has been revised to specify the date of adoption of the Interim zoning ordinance, which action was taken In the agenda item above. He noted this will allow the project to be constructed in a manner which meets the intent of the interim zoning ordinance. Planning Director Epple noted the second memo provides the historical background 02-12-90 . , - 5 - information on the conditions requiring that waivers of protest for the creation of special improvement districts be signed. He stated that the revised Condition No. 6 is based on the verbage that has been utilized in approval of other projects in the immediate area over the past three years. He indicated that the policy which the City has followed is a very sound one. Commissioner Frost noted one concern raised at the Planning Board meeting was the Director of Public Service's concern about curb cuts and asked if that issue has been ade- quately addressed. Planning Director Epple responded that the State Department of Highways must ap- prove all curb cuts along state highways; and that condition does address the Director's concerns. He noted that a written statement from the Highway Department will be re- quired to ensure that this condition has been met. In response to a question from Commissioner Swanson concerning the ceiling for the traffic signal, the Planning Director stated the City staff has discussed the issue and de- termined that, based on reasonable boundaries for a special improvement district, this is a reasonable estimate. In response to a question from Commissioner Goehrung, the Planning Director in- dicated that signage for the project will be addressed through the Design Review Commit- tee, with final approval by the City Commission. He noted this could be through a formal agenda item or possibly through the consent agenda. Commissioner Swanson noted the Design Review Committee plans to develop a total streetscape for all the entryways, asking if the various entryways have been prioritized. Planning Director Epple responded the prioritization has not been completed to date. Mr. Lee Stokes, attorney representing Dick Walter Motors, stated his client is not opposed to installation of curbs, gutters and sidewalks, and improvement of the street; but he does want assurance that he will be required to pay only his fair share. He in- dicated they wish to reserve the right to object to the constitutionality of a proposed spe- cial improvement district and to retain their legal rights. He then noted that the revised conditions are acceptable to the applicant. No one was present to speak in opposition to the requested conditional use permit. Mayor Hawks closed the public hearing. It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the Commission waive the customary one week waiting period. The motion carried by the fol- lowing Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung, Commissioner Frost and Mayor Hawks; those voting No, none. It was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that 02-12-90 , . - 6 - the Commission approve the Conditional Use Permit requested by Dick Walter Motors to al- low construct/on and operation of an automobile dealership with accessory parts and service departments on Lots 18-A and 18-B, Gordon Mandeville State School Section Subdivision, subject to the following conditions: 1- The final site plan shall include, in addition to all other requirements of Section 18.52.130, a garbage enclosure detail, an outdoor light de- tail, site drainage direction arrows, location of sewer and water ser- vice lines, and location of existing curb cuts across North Seventh Avenue; 2. A grading and drainage plan which Incorporates storm drainage de- tention for the site In qUestion shall be reviewed and approved by the Director of Public Service prior to final site plan approval; 3. When the auto dealership generates 500 or greater ADT's by actual count, the submittal of a traffic impact analysis shall be required which contains at a minimum an evaluation of the following: A. Trip Generation - dally and peak hour B. Directional Distribution C. Trip Assignment D. Capacity Analysis of affected. facilities E. Access Control F. Signal Warrant Study This analysis will be reviewed and approved by the Planning Staff, Public Service Director, City Police and Fire Departments, Montana Department of Highways, and the County Road Superintendent. These agencies shall determine appropriate mitigation measures for the development to be Implemented by the developer at the developer's expense; 4. Sanitary sewer pretreatment facilities shall be installed subject to the approval of the Public Service Director prior to occupancy of the proposed structure; 5. The applicant shall obtain written permission from the Montana Power Company (MPC) to construct the service write-up canopy on the north side of the building over the 40-foot utility easement owned by MPC; 6. At the time of requesting a building permit for any structure on the site, the applicant must provide the engineering design and Installa- tion of curb ; gutter , sidewalk and one-half local street standard pav- Ing with appropriate paVed tapers for the project frontage along North Seventh A venue. This design and construction must be coor- dinated with and approved by the State Department of Highways. Alternatively, the applicant must execute a waiver of right to protest the creation of a special improvement district to accomplish the en- gineering design and installation of curb, gutter, sidewalk and one- half local street standard paving on North Seventh Avenue, prior to final site plan approval. Said waiver only waives the applicant's right to protest the creation of an S .1. D.; it does not waive the applicant's right to protest the fairness of the S.I.D. or how S.I.D. assessments are arrived at; 7. The property owner shall sign a waiver of right to protest the creation of a special improvement district for signalization at the in- tersection of North Seventh Avenue and Griffin Drive. The waiver of right to protest shall state that, if said S.I.D. is created, the appli- cant will only be assessed his fair and proportional share of the cost of signalization, and that his cost shall not exceed $3,000. The $3,000 shall be a base figure used at the time the applicant signs the waiver and shall be adjusted yearly according to the Consumer Price Index (CPI). This waiver shall be In effect for a period of no more than seven (7) years from the date of signing by the applicant; 8. All signs for the proposed use shall be shown on the final site plan as approved by the CItY Commission for this conditional use appllca- 02-12-90 . . . .. - 7 - tion; 9. All proposed curb cuts shall be approved by the Montana Department of Highways; 10. Landscaping in the public right-of-way, street frontage and on-site, as well as all signs shall conform to the intent of the Interim Zoning Ordinance as adopted by the Bozeman City Commission on February 12, 1990; 11. Three copies of the final site plan, containing all the conditions, cor- rections and modifications approved by the City Commission, shall be submitted for review and approved by the Planning Director within six months of the date of City Commission approval. One signed copy shall be retained by the Planning Department, one signed copy re- tained by the Building Department, and one copy retained by the ap- plicant; 12. If improvements are not installed prior to final site plan approval, the applicant shall enter into an Improvements Agreement with the City. Detailed cost estimates, construction plans and methods of security shall be made a part of that Agreement; 13. I f occupancy of the structure or commencement of the use is to occur prior to the installation of improvements, the Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements; and 14. All on-site improvements shall be completed within eighteen months of approval of the final site plan. The conditional use permit shall be valid only for a period of eighteen months following approval of the final site plan. Prior to the permanent. renewal of the permit at the end of that period, the applicant must satisfy all the conditions in the granting of the permit. An on-site inspection will be made and a re- port made to the City Commission for their action. If all required conditions have been satisfied, the permit will be permanently gran- ted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Goehrung, Commissioner Frost, Commissioner Swanson and Mayor Hawks; those voting No, none. re Westrid e Meadows Technical Center - City Manager Wysocki SUbmitted to the Commission a letter from Mr. Donald Kreitz requesting permission to address the Commission concerning the Westridge Meadows Techni- cal Center. He noted that copies of correspondence with the Planning Office from August 1989 were included in the packets as background information. Mayor Hawks informed Mr. Kreitz that the Commission is in receipt of his January 29, 1990, letter, concerning various planning and zoning issues. He noted there are sev- eral items in that letter which the Commission will be considering at the appropriate times. Mr. Donald Kreitz, 2001 Fairway Drive, submitted to the Commission a letter dated February 12, noting it is an Inquiry concerning the Westridge Meadows Technical Center. He requested that the Commission review an opinion from the Planning office issued in re- sponse to his question about a possible zone code violation at the technical center. He noted the Planning Director has concluded that the R-Q- T zoning designation, which is 02-12-90 ~~_._--- -".,. . - 8 - located directly across the street from his residence, allows professional and business of- fices with accessory uses thereto. He then raised four questions which he requested that the Commission address: 1. Is there a product(s) being manufactured by the occupants of the two buildings involved? 2. If so, does manufacturing violate the R-O-T zoning code? 3. Is there a positive environmental impact on the adjacent residential community? 4. Are we to expect additional expansion of these facilities and what im- pact will that have on the neighborhood? Mr. Kreitz thanked the Commission for considering these questions, further thank- ing them in advance for their response. City Manager Wysocki recommended that the Commission refer these four questions to staff for review, with a proposed response to be submitted to the Commission for their cons ide ration . It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the Commission acknowledge receipt of the questions raised by Mr. Kreitz and refer them to staff for review. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Frost, Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No, none. The City Manager presented Ordinance No. 1300, as reviewed by the City Attorney, entitled: ORDINANCE NO. 1300 AN ORDI NANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTION 3 OF ORDINANCE NO. 1235, AS CODIFIED IN SECTION 12.20.035 OF THE BOZEMAN MUNICIPAL CODE, BY DELETING THE PHRASE "CURBS, GUTTERS OR COMBINATION THEREOF". City Manager Wysocki reminded the Commission they had provisionally adopted this ordinance at their regular meeting of January 29, 1990. He then recommended that It be finally adopted at this time. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Commission finally adopt Ordinance No. 1300, amending Section 12.20.035 of the Bozeman Municipal Code by deleting the phrase "curbs, gutters or combination thereof." The mo- tion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung and Mayor Hawks; those voting No, none. 02-12-90 . - 9 - Ordinance istrict on City Manager Wysocki presented Ordinance No. 1302, as reviewed by the City At- torney, entitled: ORDINANCE NO. 1302 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE ZONING DISTRICT DESIGNATION FROM AN "AS" (AGRICULTURAL SUBURBAN} TO AN "RS-l" (RESIDENTIAL--SUBUR- BAN COUNTRY ESTATeS, ONE-ACRE MINIMUM) DISTRICT ON CERTIFI- CA TE OF SURVEY NO. 673, LOCATED I N THE WEST ONE-HALF OF THE EAST ONE-HALF OF SECTION 20, TOWNSHIP 2 SOUTH, RANGE 6 EAST, MONTANA PRINCIPAL MERIDIAN. The City Manager reminded the Commission that they had approved this zone map change at last week's meeting. He then recommended that this ordinance be provisionally adopted at this time and brought back In two weeks for final adoption. It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the Commission provisionally adopt Ordinance No. 1302, amending the zoning designation from AS, Agricultural Suburban, to RS...l , Resldential--Suburban Country Estates, One-acre min- imum, on Certificate of Survey No. 673, and that It be brought back in two weeks for fi- nal adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung, Commissioner Frost and Mayor Hawks; those voting No, none. Report from Cultural Affairs Advlsor,y:Gqmrnittef! -RaJph Johnson ~ ' , "'" ' ' , ~ /I~, ~" "," :'~':,'''' "...,. . City Manager Wysocki submitted to the Commission 1:1 report prepared by Dennis Seibel, Coordinator for the Cultyral ,Affairs Advisory Committee, concerning projects and ) estimated financial needs for that committee for the upcoming year. Mr. Ralph Johnson~'ehairman of ,tp~ Cultural Affairs Advisory Committee, gave a " He noted that in January 1989, the City Commission ap- brief history of the committee. pointed an ad hoc beautification committee, whose responsibility was to propose projects for the Centennial Year as well as long-term projects to enhance the beauty of the community. Mr. Johnson stated that last year, $15,528 in donations was received for the flags and flower baskets, which were the beautification projects for the Centennial Year. He noted the largest contributions were $5,500 from Sweet Pea and $5,000 from Patagonia. Mr. Johnson stated that another project started last year was the "Valley of the Flowers" competition, which was sponsored by the Bozeman Dally Chronicle. He indicated that last year's program started late; and it Is anticipated that the program will receive much greater participation this year. Mr. Johnson noted that a site at Darigold on North 7th Avenue has been obtained for a sculpture park; and a $1,000 donation has been received from U.S. West. He 02-12-90 .'.,~...- ~~--- ---- ~'"-"'..------ - ~_._-- ~ . . . - 10 - indicated the estimated cost of the project is $15,508, noting the City commitment would be Installation of the sidewalk. He proposed that the sculpture to be placed in the park be leased, noting this would allow for turn-over of the sculpture on a specific timeframe, while minimizing the costs of the piece to the City and possibly increasing the value to the artist. Mr. Johnson stated that recently the name, composition and duties of the committee were change, with the Arts Advisory Committee and Beautification Committee being combined into what is now the Cultural Affairs Advisory Committee. One of their new duties is to undertake an arts assessment; and that process has been started. Mr. Ralph Johnson stated a Committee concern Is that they solicit and receive do- nations, not using any of the City's monies; however, their monies are processed through the City's bookkeeping system. He noted that City charges are made against that budget unit, such as City employees' time for watering of flowers; therefore, the City's books do not reflect the same numbers as the Committee's books. He then stated that, since the Committee does not utilize City monies, he feels it is important to provide an annual update of the Committee's activities and expenditures. Mr. Johnson stated that this year, the Committee proposes to continue the flags and flowers project. He noted that the Downtown Bozeman Association has agreed to cover the costs of new flowers for the baskets. Also, he indicated that the brackets for the baskets and flags will be lowered. He stated that the DBA has also indicated a willingness to buy trash receptacles, which would be placed strategically along Main Street. He noted that a different type of flowers which will require watering less frequently will be used this year; and he suggested that possibly the City crews could pick up the trash from those receptacles at the same time the flowers are watered. Mr. Johnson stated another proposed project is the urban forestry project, which would include an initial inventory of trees in the community followed by development of a proposed street tree planting program and implementation strategies. He suggested that groups of high school or college students could be trained to recognize the various types of trees and their conditions; and those students could then complete the initial survey this summer. Mr. Ralph Johnson stated that five members of the Committee have resigned, re- questing that those vacancies be filled as soon as possible. He noted that the cultural as- sessment which is being undertaken will determine what type of arts are in the area, what kind of economic impact they have and any economic support they need. He indicated it is their hope to have the survey completed by the end of May. Mr. Johnson briefly highlighted the duties of the Coordinator for this program, noting one of those is to concentrate on fund raising. He indicated the Committee plans to 02-12-90 -------- . . . , - 11 - approach Sweet Pea again this year for a lesser grant; and they plan to seek funding once again from Patagonia. He noted they will also approach other potential major corporate sponsors; and he antic/pates that recycling monies will be sought once again. Commissioner Swanson noted there are some exciting activities taking place along North 7th Avenue, particularly in the area of beautification. He then asked if there is a group of people along North 7th Avenue who could be encouraged to help the beautification process even more. Mr. Johnson responded that Mr. Carl Solvie was appointed to the original committee as the North 7th Avenue representative. He then suggested that it may be more appropri- ate to address the North 7th Avenue streetscape through the new zoning regulations rather than through this committee. He further noted there is no formalized group along North 7th Avenue, like the Downtown Bozeman Association on Main Street. Mrs. DarIa Joyner, Executive Director of the Bozeman Area Chamber of Commerce, suggested the Chamber could possibly assist In promoting the beautification projects for this upcoming year. Commissioner Frost stated that lowering of the flower baskets was mentioned to him as a desirable change. He noted another proposed change is to install an historic type of lighting along Main Street, rather than the new lighting fixtures that have been installed. He noted that is an issue which should probably be raised with the State Highway Depart- ment. Mr. Johnson suggested the Committee could possibly pursue that proposal. The Commission thanked Mr. Johnson for his presentation. Building I nspection Division Report for January 1990 City Manager Wysocki indicated this is the only item that would have been placed on the consent agenda. He then recommended that the Commission acknowledge receipt of the report. It was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that the Commission acknowledge receipt of the Building Inspection Division report for January 1990. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Goehrung, Commissioner Frost, Commissioner Swanson and Mayor Hawks; those voting No, none. Break - 4:06 to 4:13 p.m. Mayor Hawks declared a break from 4:06 p.m. to 4:13 p.m., in accordance with Commission policy established at the regular meeting of March 14, 1983. 02-12-90 ------ . . . . , . . . - 12 - Round table discussion with Performing Arts . Center Siting Committee City Manager Wysocki stated that Mayor Hawks had requested this item be placed on the agenda. Mayor Hawks recessed the meeting at 4:13 p.m. for purposes of conducting an in- formal round table discussion. Mayor Hawks reconvened the meeting at 5 :08 p.m., at the conclusion of the round table discussion. Ordinance No. - Tentative Capital Improvement Program Appropriation Ordinance for the period October 1, 1989 to June 30, 1990 The City Manager presented Ordinance No. . as reviewed by the City Attor- ney. entitled: ORDINANCE NO. AN ORDINANCE OF THE CITY OF BOZEMAN, MONTANA, APPROPRIATING CITY FUNDS FOR VARIOUS CAPITAL ITEM EXPENDITURES FOR THE PERI- OD OCTOBER 1, 1989 THROUGH JUNE 30, 1990. City Manager Wysocki reminded the Commission that capital items will be included in the operations budget, beginning with July 1, 1990. He noted this appropriation ordinance will cover the period October 1,1989 through June 30, 1990 to allow for the purchase of capital items during this fiscal year. He then recommended that the Commission adopt this ordinance and set the public hearing for February 26, 1990. Mayor Hawks indicated an interest in knowing the design of the light fixtures to be installed at the Southside Park, particularly since it is located in a residential area. The City Manager indicated that this item is in the ordinance because the poles are becoming dangerous. He then noted that staff has not met with Montana Power Company representatives to determine what type of lighting fixtures would be appropriate in that park. He stated that minimizing any Impacts on the residential neighborhood is one of the primary items that will be considered in making that determination. The City Manager then noted that Commissioner Frost had previously raised the is- sue that a tire shredder is not Included in the comprehensive five-year plan. He noted that staff research has revealed that there are basically two types of shredders available, one which costs approximately $8,000 to $10,000 and cuts tires into quarters; and one which costs approximately $90,000 and shreds tires into small pieces. He stated it will take more staff time and research to determine what type of machine would be most appro- priate before a relatively accurate cost estimate can be established for inclusion in this program. It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the Commission adopt the TentatlveCaplta/lmprovement Program Appropriation Ordinance and 02-12-90 . . . " - 13 - . --- ~-- set the public hearing for February 26, 1990. The motion carried by the following Aye and No vote: those voting Aye" beln:9 Cpmmis,sloner Goehrung, Commissioner Frost, Com- missioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No, none. Discussion - preparation of City Commission's budget unit for Fiscal Year 1990-1991 The City Manager submitted to the Commission their proposed budget unit for Fiscal Year 1990-91, as prepared by Clerk of the Commission Sullivan. He noted this is the first step in preparation of the budget for the upcoming fiscal year. The Clerk of the Commission reviewed the figures contained in the proposed budget unit, briefly highlighting the items covered in each of the line Items. Following a brief discussion, the Commission accepted the figures as submitted. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Informa- tion II items. (1) A copy of a letter from City Attorney Becker to County Attorney Mike Salvagni concerning subdivision review in the three-mile area immediately outside city lim- its. (2) Notice of the change in meeting date for next week's meeting to Tuesday, February 20, due to the President's Day holiday. (3) Notice of position vacancies on the Cultural Affairs Advisory Committee. (4) Noticeofa Chamber of Commerce special meeting to be held at 7 :00 a. m. on Wednesday, February 14, at which the Mayor and Commissioner Swanson are to make a presention on the seminar they recently attended concerning balancing of economic devel- opment and quality environment. "fhe City Manager noted the second Wednesday at 7: 00 a. m. is the usual time for the Interagency Breakfast. He Indicated he will have that meeting cancelled and encourage the usual participants to attend this meeting Instead. (5) Agenda for the City-County Planning Board meeting to be held this evening in the Community Room of the I..lbrary. ,~; (6) The City Manager submitted his weekly report as follows. (1) Four drug- related arrests were made in a raid. on Friday night. (2) The old fire truck was delivered ~ to West Yellowstone last week; and the City has received a check in the amount of $23,600. The new pumper truck ,whlt-n ,is red, Is now in service. (3) Lieutenant Conner was involved in gathering information and evidence In the first counterfeiting arrests made in the city !)ver the weel(end. (4) TheDRC met to review additional development in the Westridge Meadows project last week. This is the first building in the southern end of the .- 02-12-90 ~-~ ~~-~--_._----- --~ ~ . ~ . . . - . . . . . - 14 - . project. (5) Budget requests were due last Friday in the Administrative Service Director's office. (6) The TCC meeting was held on Thursday. The City Manager distributed to the Commission copies of the handouts from that meeting, noting they involve correspondence with Senator Baucus concerning the third interchange. (7) The call for bids fO'i1~ +Are8 police cars will be done within the next week. He noted this is one of the items contained in the capital improvement program; and the process must be started to ensure the City does not get caught in a change in model years. (8) He attended the meeting held last week at MSU to celebrate receipt of the $7.5 million IPA grant from the National Science Foundation. (9) The Gallatin Development Corporation will conduct its annual meeting on Tuesday, February 20, at 7:00 p.m. Don Peoples, former Chief Executive for Butte/Silver Bow, will be the guest speaker. (10) Work on the second exits from the Police Department and City Hall basements began today, bringing these structures into compliance with those requirements of the Fire Code. (11) Fans have been installed in the garage at the Fire Department; and the doors to the Police Department have been sealed to eliminate the problem of diesel fumes filtering into that portion of the building. (12) To date, 488 dog licenses and 283 cat licenses have been issued. (7) Commissioner Goehrung asked if all Commissioners had received a letter from the City Center Motel in regard to the letter they had received last week from the Lewis and Clark Motel. All Commissioners except Commissioner Knapp responded affirmatively. (8) Commissioner Frost asked when discussion will be conducted on the requests .- for proposals for the curbside recycling program that were distributed at last week's meet- ing. The City Manager indicated It will be placed on next week's agenda. (9) Commissioner Swanson stated that he attended the economic outlook seminar held at the Holiday Inn on Wednesday. He indicated an Interest in submitting a report on that seminar in the near future. (10) Commissioner Knapp and Commissioner Frost stated an interest in attending the Elected Officials Workshop, to be held on March 14-16, 1990. (11 ) Commissioner Knapp asked why the Commission does not receive the minutes from the Board of Adjustment meetings, noting she feels it would be beneficial to receive them. City Manager Wysocki Indicated he wlH ask that copies be forwarded to the Commis- sion. (12) Mayor Hawks asked that copies of the staff reports submitted to the City-County Planning Board be submitted to the Commission as well. He noted they pro- vide valuable background information on the application under consideration. 02-12-90 .''.<,1';,'. , , , . . .. . , -. - 15 - (13 ) Commissioner Knapp asked for Information on a possible cable television fran- chlse, noting she does not know the status of that item. The City Manager noted the issue has been discussed on various occasions; howev- er, one has never been Implemented. He stated that he feels if a franchise fee is impos- ed, the proceeds should be used to offset General Fund expenditures; and previous recom- mendations for committees and Commissioners' desires have been to utilize those funds for public access television. He then indicated he has some information on this item which he will dig out, noting that legislative changes over the past few years have impacted the issue. Commissioner Goehrung noted that Bozeman is the only major city in the State that does not have a cable television franchise fee. (14 ) Commissioner Knapp asked how often the Commissioners receive a status re- port on delinquent assessments. The City Manager indicated they are submitted twice a year, after letters are sent seeking payment. (15) Commissioner Swanson asked how often the round table discussion format is utilized, noting he feels it is useful. Mayor Hawks expressed an interest in using it as much as possible, encouraging the Commissioners to submit any topics they feel could be beneficially addressed in this manner. (16) Mayor Hawks stated staff is working to pull together information from the State to submit for the NLC Transportation and Communications Policy Committee consid- eration. ( 17) Mayor Hawks stated he feels the Transportation Coordinating Committee meet- ing on Thursday morning was very positive and productive. He noted it is now important to get the Pedestrian/Traffic Safety Com~itteereactivated, suggesting that having them review the proposal to install sidewalk along South Third Avenue might be a good first step. Commissioner Knapp noted a strong united effort on the third interchange was evi- dent at the meeting. She then indicated that County Commissioner Jane Jelinski was elect- ed Chairman and Planning Director Andy Epple was elected Vice-Chairman at that meeting. (18 ) Mayor Hawks stated he represented the City at a dinner at President Tietz's house in celebration of receiving the IPA grant. (19 ) Mayor Hawks stated he will attend President Tietz's round table discussion on Thursday evening, noting he has placed two items on the agenda for discussion. (20) Mayor Hawks noted the letter from Jeffrey Ball, which was in the Commis- sioners' mailboxes, was a good one. 02-12-90 ....,.:,.. ~:. --: , > " ,-'i '. ,1 " . ' . - 16 - (21) Mayor Hawks requested that the hand-out received from the Performing Arts Site Committee be reproduced and distributed to the Commissioners, City-County Planning Board members and the press. (22) The City Manager suggested that the Commission determine a time and proce- dures for setting of goals for the upcoming fiscal year, indicating a desire to have that process completed by the end of March. Commissioner Goehrung suggested this item be placed on next week's agenda for discussion. . Commissioner Frost requested that a copy of the goals for this year be included in the packet. Adjournment - 5:52 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Swanson, that the meeting be ad- jou rned . The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung and Mayor Hawks; those voting No, none. 02-12-90 -- -----~----" - -- ----~-~-_.. -