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HomeMy WebLinkAbout1988-02-08 62 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA February 8, 1988 ************************ Orientation Session - 1: 00 p. m. Superintendent of Parks and Cemetery John McNeil described the functions performed at the Cemetery by his H full-time staff. Of the total 125 acres, 65 are developed of which 48 I acres are used for burial. There are an average of 140 burials annually and an average of two disinterments per year with a total of 20,000 plus known burial sites. Maintenance of the ceme- tery includes Memorial Day grounds preparation, spring and fall cleanup, weed control, weekly mowing, tree trimming and removal, and irrigation with repairs to the system often in that it is sixty years old. Mr. McNeil noted that the City's older records are more accurate than the counties; however, occasionally a pauper's grave which is unmarked becomes disturbed. Vandal- ism last year cost in excess of $100,000 for replacement or repair. Burial vaults or cash in lieu is now required for all new burials thus keeping the maintenance costs down. Mr. McNeil stated that defendant's remanded by the Courts to work off their fines at the cemetery or parks do not work out well in that constant supervision was necessary but not available. Under the Parks Division, there is a total of 29 parks compiled of 238 acres; there are 15 developed parks utilizing 560 acres; 4 building grounds; and, three boulevards. Staff is com- prised of 3! full time personnel. There are 3 ice rinks totalling three acres; 4 miles of sidewalk snow removal. Maintenance includes helping in the cemetery, six restrooms in the summer, two in winter; litter control in all parks and East Gallatin Park; repair of playground equipment; sign repair and construction; sprinkler systems maintenance; mowing 58 acres every week; trim trees on streets and in parks; weed control. The parks division also assists in garden start- ups; 40 in Langhor and 32 in Westlake. The Commission thanked the Superintendent of Parks and Cemetery for his presentation. City Manager Wysocki stated that due to time constraints, the Water and Sewer Operations orientation will be continued to next week's meeting. I Roll Call, Pledge of Allegiance and Moment of Silence The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, February 8, 1988, at 2:00 p.m. Present were Mayor Stiff, Commissioner Goehrung , Commissioner Hawks, Commissioner Martel, Commissioner Vant Hull, City Manager Wysocki, City Attorney Becker and Interim Clerk of the Commission Lathrop. City Manager Wysocki recognized Noel Sullivan's presence, representing KUUB Radio. The meeting was opened with the Pledge of Allegiance and a moment of silence. City Manager Wysocki requested that Item 13a listed under Consent Items be removed for discussion. Minutes It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the min- utes of the regular meeting of February 1, 1988 be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. Award Bid - two (2) police cars (CIP) City Manager Wysocki referred to Captain Boyer's memo dated February 5, 1988 in which it was recommended to award the contract to Don Norem Chevrolet for two 1988 Chevrolet Cele- britys for the low bid of $23,809.46. It was moved by Commissioner Vant Hull, seconded by Com- I missioner Martel to award the contract to Don Norem Chevrolet for two 1988 Chevrolet Celebritys for their submitted bid of $23,809.46. The motion carried by the following Aye and No votes: those voting Aye Being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner, Hawks and Mayor Stiff; those voting No, none. 02-08-88 63 and Justice Center fields City Manager Wysocki requested the Commission delay consideration of Item No. 6 until Mr. Jack Dugan's arrival. Consideration of request from Zoning Commission to form an ad hoc committee to work with staff on review of the sign ordinance I City Manager Wysocki referred to the resolution by the City Zoning Commission requesting the Commission to appoint a citizen's ad hoc committee to assist in the drafting of a compre- hensive sign ordinance. Planning Director Andy Epple stated staff felt an ad hoc committee would be desirable to provide community input into the legislative process. He further noted that membership of this ad hoc committee could include representatives of active groups such as Build A Better Bozeman; representatives of sign companies, etc. The Planning Director offered alternatives such as asking staff to work up a draft ordinance and then forward it to an ad hoc committee for their comments; or, allow the ad hoc committee to start from scratch on a sign ordinance; or, provide purpose and goals of a sign ordinance to the ad hoc committee and allow them to take it from there. That a sign ordinance would be from 10 to 30 pages depending on accessory uses to sign- age. Commissioner Vant Hull concurred with the Planning Director's ad hoc committee sugges- tion of getting the community Involved in the process as soon as possible. I n response to Com- missioner Martel, Planning Director Epple advised this request was being forwarded to the Com- mission so that they may be involved in the process and to secure the Commission's support for appointment of people to an ad hoc sign ordinance committee, or in the alternative, to secure a written response from the Commission to the Zoning Commission approving the creation of an ad hoc sign ordinance committee. Commissioner Hawks requested that beautification and landscaping be addressed by the ad hoc sign ordinance committee as it is part of the Master Plan goals. I That perhaps members of the arts and architectural community could be included in the ad hoc committee membership to provide aesthetics direction. The Commission requested a legal opinion on including beautification and landscaping aesthetics to a sign ordinance. City Attorney Becker will have a report ready for next week's meeting. Commissioners Martel and Hawks are to meet with the Planning staff who will present a framework for creating a sign ordinance sometime later this week. This agenda item will be continued at next week's City Commission meeting, Febru- ary 16, 1988 at 2:00 p.m. and Justice Center fields City Manager Wysocki referred to staff's memo in which $900 per year is being requested from the City for annual watering costs, those costs being regulated by the PSC, of Christy Fields; the City would continue mowing the fields but does not recommend the use of the mower by other than City staff. It is possible that Little League could purchase a small mower for thei r own use. Mr. Wysocki then referred to the figures provided by staff for installation of a new watering system. Commissioner Vant Hull suggested the County bear at least 50% of the financial burden in maintaining the fields as it is County-owned property and would, therefore, benefit from its maintenance; that a percentage of users were County residents. Mr. Jack L. Dugan, President, Bozeman Little League, informed the Commission of the County's contribution of $1900; that 333 chi Idren are involved in Little League. The signup fee I is $20; however, the actual cost of the program is $50 per child. Bozeman Little League and Lion's Midget Football have prudently maintained the fields in the past which are also used by soccer teams and adult softball players. A senior citizen has been hired by Bozeman Little League to maintain the fields. In response to Commissioner Hawks' question, Mr. Dugan informed the Commission that Bozeman Little League has signed a three-year lease with the County for the use of the fields. In response to Commissioner Goehrung's questions, City Manager Wysocki stated the City is being asked to provide 75% and Little League would provide 25% for the first year to establish a subsequent flat fee. In addition to this contribution, the City being asked to pay $3,200 for 02-08-88 64 the installation of water service to the fields. B rea k - 3: 1 5 to 3: 20 p. m . Mayor Stiff declared a break from 3: 15 to 3: 20 p.m. in accordance with Commission policy established at their regular meeting of March 14, 1983. (Continued Discussion) Re uest for Cit to provide water I an Justice Center fields and Christy Ie s - ac Mr. Dugan informed the Commission that Bozeman Little League sponsors tournaments that have included up to 150 participants who will be returning this year with a possibility of a dis- trict team tournament this year. Bozeman Little League would like to improve its facilities with this type of use in mind. Mr. Dugan will provide addresses of users to determine residency. City Manager Wysocki suggested, with the Commission's concurrence, to place this item on next week's agenda. Request for creation of a rovement district for pavin , curb and utter and storm drainage - venue City Manager Wysocki informed the Commission of Lea Avenue property owners' desire to request the creation of a special improvement district for paving, curb and gutter and storm drainage for their area, but that one delinquent SI D property owner has caused a deadlock in the process. Mr. Mike Rodrique, a property owner and spokesman for the group, informed the Commis- sion that the delinquency is six years old and for some unknown reason, the property had not been placed by the County on the I ist for tax sale. City Attorney Becker stated he had made a request to the County as to whether the property had been placed on their tax sale list; the response was negative. Mr. Rodrique stated there were two potential buyers for the del inquent piece of property who would bring the taxes current as part of the buying procedure. The cur- rent owner had been contacted and will not bring the taxes current at this time, but that he I would not allow a tax sale to occur on the property either. The market value of the lot is be- tween $20,000 to $25,000 plus $5,000 in arrears without improvements; it is the only lot unde- veloped. Rick Kerin of Kerin & Associates stated this parcel is one of nine. The SID project budget would be reduced proportionately down to a low $40,000 figure. The property could be sold with an SI D lien. City Manager Wysocki further stated that the property owners request a waiver of side- walk installation in that the existing zoning and current set backs would be compromised by side- walk installation; there is no foot traffic in this area. City Attorney Becker stated the property was declared delinquent in 1982; however, the County has submitted a request to Mike Salvagni, County Attorney, to clarify recent legislation on tax sales. City Manager Wysocki recommended, with the Commission's concurrence, to bring this item back during next week's meeting. Herita e Christian School, 4310 City Manager Wysocki outlined Heritage Christian School's request for an extension of time to meet their Conditional Use Permit requirements of parking lot pavement and landscaping. Planning Director Andy Epple further indicated that the School's Letter of Credit term will expire February 13, 1988 and that the Commission must make a decision on this request be- I fore that date. Mr. Mike Money, private consultant representing the school, outlined their need for a re- hearing on the Conditional Use Permit; that the school's letter of credit could not be extended and will be terminated February 13, 1988; and, the school has addressed a request for a vari- ance to waive parking lot pavement requirements. Mr. Leroy Ensign, Administrator of Heritage Christian School, reviewed the school's his- tory from when it was located on North Ida; the school's subsequent purchase of the current prop- erty on Durston Road; and their difficulties in meeting their C. U. P. requirements stating that 02-08-88 .- 65 their facility was first in the State to construct an above-ground septic system which was neces- sitated by the soil conditions in that area. The cost of such a system exceeded their construc- tion budget item. The school currently provides education to sixty students. Their letter of credit from Western Bank of Bozeman cannot be renewed. Mr. Mark Bryan, counsel for the school, offered an alternative to the letter of credit that being a property bond (second mortgage) on the school's property. I Andy Epple, Planning Director, stated the March 8, 1988 Board of Adjustment Agenda can include the school's request for a variance from the parking and landscaping requirements of the Zoning Code. Judy Moats, a Board member of the school and parent, addressed the issue of when the City was aware of the termination date of the letter of credit and the difficulties the school has encountered, physically and financially, in meeting the C. U. P. requirements. Should the City decide to call in their letter of credit, the burden of this additional financial obligation would necessitate closing the school. Break - 4:59 to 5:08 p.m. Mayor Stiff declared a break from 4: 59 to 5: 08 p.m. in accordance with Commission policy established at their regular meeting of March 14, 1983. (Continued Discussion) Request for extension of time period for Conditional Use Permit - Heri- tage Christian School, 4310 Durston Road Mr. Ensign informed the Commission that with the assistance of Mayor Stiff, the school has been able to secure a letter of credit. It was moved by Commissioner Martel, seconded by Commissioner Goehrung to grant a six- month extension of time period on the Conditional Use Permit issued to Heritage Christian School conditioned by evidence of a letter of credit covering the period to July 13, 1988. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commis- I sioner Goehrung, Commissioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Counsel Mark Bryan thanked the Mayor for his efforts in securing a letter of credit on behalf of Heritage Christian School. Discussion - revising organizational structure to place the band under the Arts Advisory Board City Manager Wysocki stated this item had been placed on the agenda at Commissioner Goehrung's request. Commission Goehrung stated that a representative from the Band had been present in the audience but apparently had to leave before the Commission could address this item. Commis- sioner Goehrung had been approached by members of the band to place the band under the aus- pices of the City's Arts Advisory Board. Following discussion, it was moved by Commissioner Goehrung, seconded by Commissioner Hawks to place the band under the umbrella of the City's Arts Advisory Board. 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. Appointment to Parking Commission (1) City Manager Wysocki indicated the receipt of Brad Stratton's letter of resignation from the Parking Commission thus allowing the City to appoint a new member to fill the vacancy. Mr. Wysocki referred to Clerk of the Commission Sullivan's memo indicating there is one appli- I cation on file from Jim Westberg. It was moved by Commissioner Hawks, seconded by Commis- sioner Vant Hull to appoint Mr. Jim Westberg to the Parking Commission with a four-year term to expire on June 30, 1991. The motion carried by the following Aye and No vote; those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. lication for Beer and Wine License - Lewis and Clark Family Restaurant, 809 West Babcock ecember 31, 19 ; contingent upon receipt of State License City Manager Wysocki stated the Planning Department requests the Commission include a 02-08-88 66 requirement that the applicant provide a letter of credit in the amount of 1 i times the amount required to complete the conditions of their conditional use permit before issuing this license. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel to approve the applica- tion for a beer and wine license requested by William J. Sebena d/b/a Lewis and Clark Family Restaurant, 809 West Babcock Street, through December 31, 1988, contingent upon receipt of State License and a letter of credit covering the remainder of conditional use permit conditions at 1! times their amount. The motion carried by the following Aye and No vote. Those voting Aye I being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. Discussion - FY I Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) County Commissioners' letter addressed to the City Manager supporting I LX Light- wave's CDBG application to the state as a "unified" submittal. (2) A letter from Kathleen A. McLees regarding restrictive coin shop activity; and, City Attorney Becker's response. City Manager Wysocki stated the McLees family has been in touch with the staff. (3) Agenda for Board of Adjustment meeting scheduled February 8, 1988. (4) City of Helena's "Per Capita Statistics Questionnaire" response. (5) City Manager Wysocki stated Mr. Story's street light had been repaired and Mon- tana Power Company had made an adjustment in their billing to him. (6) Commissioner Vant Hull circulated a memo on Helena's business license fee struc- ture. City Manager Wysocki stated he had been invited to attend this evening's meeting of the Business License Ad Hoc Committee. (7) Commissioner Martel expressed his gratitude to the City staff and Commissioners for their condolences in the passing of his father, Emil Martel. Consent Items I Street De artment (CIP) It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Con- sent Items be approved as listed above, and the appropriate persons be authorized and directed to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Hawks, Commis- sioner Vant Hull, and Mayor Stiff; those voting No, none. Orientation Session (continued) City Manager Wysocki requested the Finance portion of the orientation session be con- tinued to next week's meeting. Adjournment - 5:35 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. I ALFRED M. STIFF, Mayor ATTEST: MARY CAIN LATHROP Acting Clerk of the Commission 02-08-88