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HomeMy WebLinkAbout1988-10-11 445 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA October 11, 1988 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, October 11,1988, at 2:00 p.m. Present were Mayor Stiff, Commissioner I Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, City Manager Wysocki and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for dis- cussion. Minutes It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the min- utes of the regular meeting of October 3, 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. Open bids - Wheat Drive outfall sewer (CIP) This was the time and place set for the opening of bids for construction of the Wheat Drive outfall sewer. The City Manager noted monies for this item has been appropriated in the Capital I mprovement Program budget. The affidavit of publication of the "Call for Bids" was presented. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the bids be opened and read. 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. I The following bids were then opened and read aloud: Schedu Ie I Alternate 1 Total Bid Engineer's Estimate $146,267.00 $ 1,320.00 $147,587.00 Clause Excavating Bi lIings, Montana License No. 5625A $154,565.45 $ 725.00 $155,290.45 COP Construction Co. Billings, Montana License No. 543A $131,696.15 $ 1,256.00 $133,052.15 (This bidder submitted three addendums containing deducts, which must be reviewed and computed by the engineer prior to submittal of a recommenda- tion. ) GM Construction, I nc. Lincoln, Montana License No. 4463A $129,513.00 $ 1,000.00 $130,513.00 Gray Construction, Inc. Billings, Montana License No. 4824A $143,463.00 $ 800.00 $144,263.00 Johnston Excavating, Inc. Bozeman, Montana License No. 6310A $104,032.52 $ 1,000.00 $105,032.52 LH C , I nc . Kal ispell, Montana I License No. 5459A $138,486.00 $ 1,514.00 $140,000.00 NELCON, Inc. Missoula, Montana License No. 6292A $151,885.00 $ 2,000.00 $153,885.00 It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the bids be referred to staff for review and a recommendation to be submitted at next week's meeting. 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. 10-11-88 446 Ordinance No. 1270 - amend Section 18.52. 140( L) of the Bozeman Municipal Code by adding light manufacturing and assembly compatible with the intent of the T -R District as a conditional use in the B-2 District City Manager Wysocki presented Ordinance No. 1270, as prepared by the City Attorney, entitled: ORDINANCE NO. 1270 AN ORDINANCE OF THE CITY COMMISSION OF BOZEMAN, MONTANA, AMENDING I SECTION 12 OF ORDINANCE NO. 1224 AS CODIFIED IN SECTION 18.52.140(L) OF THE BOZEMAN MUNICIPAL CODE BY ADDING LIGHT MANUFACTURING AND AS- SEMBLY COMPATIBLE WITH THE INTENT OF THE T-R DISTRICT AS A CONDI- TIONAL USE IN THE B-2 DISTRICT. The City Manager reminded the Commission that the zone code amendment was previously approved. He then recommended that the Commission provisionally adopt the ordinance at this time and that it be brought back in two weeks for final adoption. Commissioner Vant Hull stated the Commission just received copies of a memo from Plan- ning Director Epple addressing a question which she had posed to the staff at last week's meet- ing. She noted that in that memo, the twelve criteria for consideration of zone code amendments and the six criteria for consideration of a conditional use permit are set forth. S he noted the memo further states that the two processes are separate and, therefore, only the specific criteria listed for the specific process may be considered. She then noted that the twelve criteria for zone code amendments may be considered at this time. Planner Ron Brey noted that the State Statutes very specifically address the two proces- ses separately; therefore, the staff has determined that the two distinct sets of criteria must be kept separate as well. He then stated that most of the criteria for review of conditional uses are general enough to allow for review of most of the criteria listed for zone code amendments, only on a site specific basis rather than a general basis. Commissioner Hawks noted that the zone code amendment provides flexibility in the B-2, Community Highway Business, District, by allowing light manufacturing and assembly compatible with the intent of the T-R, Technology Research, District as a conditional use. He stated he I feels it is in the public interest to allow start-up companies to use existing facilities in the B-2 zone through the conditional use process, since any specific concerns may be addressed. He then stated support for adoption of this ordinance. City Manager Wysocki asked if the Commission wishes to add language to the ordinance to limit this amendment to fledgling businesses only, noting that definitions or criteria would be re- quired to distinguish between fledgling and mature businesses, whether based on age or size. He then reminded the Commission that this zone code amendment applies to any B-2 zoned prop- erty located within the city limits and cannot be considered on a site specific basis. Commissioner Vant Hull noted the last of the twelve criteria for review of zone code amendments is IIwill the new zoning encourage the most appropriate use of land throughout such county or municipal area? II She then referred to the minutes from the Zoning Commission meet- ing of September 27, in which Mr. Roger Flair indicates there is not an over-abundance of com- panies which are qualified to locate in the Tech Park. She then expressed concern that to allow this type of business to locate in a B-2 district as a conditional use could be detrimental to that development, which in turn would have a detrimental impact on the entire community. Commissioner Hawks stated that under this zone code amendment, the Commission will re- view each specific request; and at that time, it must make the determination of whether the re- quested use is appropriate in a specific location. Commissioner Goehrung noted that the reason for zoning is to protect the integrity of the zone and the existing uses. He noted this zone code amendment will allow some flexibility in development; however, the conditional use process will provide some safeguards. I Commissioner Martel noted that under this zone code amendment, several fledgling oper- ations could be located in all vacant facilities within the B-2 district. He noted that if they are successful, they will soon outgrow their facilities and must relocate, possibly to a T-R zoned area. The Commissioner then questioned whether this amendment would affect the B-2- T, and possibly B-3 and R-O zones as well. Planner Ron Brey stated the Zone Code does not reference uses in other commercial dis- tricts, like it does in the residential districts. He then stated this amendment would apply to the B-2- T districts; however, it would not apply to the B-3 or R-O districts. 10-11-88 447 Commissioner Goehrung noted that care must be taken to ensure that this type of devel- opment does not overshadow the permitted uses in a specific area. He indicated that most per- mitted uses attract retail customers to an area, while this type of business would not. Commissioner Vant Hull asked about adding language to limit this amendment to fledgling businesses. City Attorney Becker stated that, after a brief discussion with the Planning Director, he I would suggest that such language not be added. He then indicated that if the Commissioners are concerned about allowing this type of use as a conditional or permitted use in a B-2 zone, they should not adopt this ordinance. Planner Brey stated that at the present time, research and development is a listed per- mitted use in the B-2 district. He noted that they may not expand to include manufacturing under the existing code. He stated the staff shared the same concern about light industry in a commercial zone and found that to tie it to the T -R district would restrict the type of operations allowed. Commissioner Hawks stated that he feels the six criteria for review of conditional uses will enable the Commission to protect the integrity of the existing areas. Mayor Stiff stated that he feels to add language to modify the amendment could be detri- mental. He then indicated support for the ordinance as submitted. Commissioner Vant Hull questioned whether this zone code amendment is necessary since research and technology are currently permitted uses. Planner Brey stated there is a difference between research and technology activities and light manufacturing. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Commission provisionally adopt Ordinance No. 1270, amending Section 18.52.140(L) of the Bozeman Municipal Code, and that it be brought back in two weeks for final adoption. The mo- tion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Martel and Mayor Stiff; those voting No being Commissioner I Vant Hull. Authorize writing off of stale-dated warrants - $2,923.25 City Manager Wysocki submitted to the Commission a memo from Administrative Services Director Gamradt, along with a list of stale-dated warrants totalling $2,923.25. He noted these warrants were issued from 1966 to June 1987; however, they have not been cashed to date. He indicated that according to State statutes, any warrant over one year old may be written off. The City Manager then suggested that if the Commission would prefer, it may wish to allow those with stale-dated warrants to complete a new claim for the monies within thirty days from this date. City Attorney Becker stated that under banking laws, a bank is not required to accept a check or warrant over six months old. He noted if such a check or warrant is presented for payment, the bank will usually contact the individual who wrote it before cashing. Commissioner Hawks stated he feels the City should officially notify those with outstand- ing warrants, particularly Bozeman residents, and give them a period of thirty days in which to resubmit a claim. He suggested that an advertisement in the newspaper may be adequate if per- sonal contact cannot be made. City Manager Wysocki reminded the Commission that most of these warrants are several years old; and it may be difficult to contact those to whom they were written. Mayor Stiff asked if the statutes of limitations address this type of situation. City Attorney Becker noted that various statutes of limitations may apply. He noted that I on a majority of them, a two-year limitation would exist. He stated that if any of the warrants are in payment for a written contract, a six-year limitation may exist. The City Manager reminded the Commission that writing off of stale-dated warrants does not relieve the City of its obligations if a creditor can show that the amount is rightfully dUe. He noted that is why he has proposed the Commission may wish to allow for resubmittal of a claim. Commissioner Vant Hull stated support for writing off of the stale-dated warrants, without any provision for submittal of a new claim. She expressed concern that to allow resubmittal of a claim could result in double payment of a bill. 1 0-11-88 448 Commissioner Martel stated he feels it is appropriate to develop a policy that if a warrant is not cashed within ninety days, a reminder is to be sent with a statement that it will not be honored after a specific date. Mayor Stiff requested that the staff prepare such a policy and submit it to the Commis- sion for consideration. He then stated the Commission should now act upon the request current- ly before them. The Mayor then expressed concern that, due to the City's earlier bookkeeping system, I some of these warrants may have been previously cancelled with new warrants subsequently issued. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that, pur- suant to Section 7-6-4303, M. C.A., the Commission authorize the Administrative Services Director to cancel warrants and checks outstanding and unpaid for one year or longer, as itemized per the attachment, with new claims for same being accepted until November 10, 1988 for warrants or checks to be rewritten, and thereafter, the City shall be free from further obligation; and direct the staff to notify by mail those with outstanding warrants or checks to which the statutes of limitations would apply. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No being Commissioner Vant Hull. Discussion - League conference held in Kalispell on September 14-16, 1988 City Manager Wysocki stated this item was placed on the agenda at the Commissioners' re- quest. Commissioner Vant Hull noted that at the Legislative Committee meeting she had brought up the issue of deceleration of special assessments. She stated no other community indicated any problem with that issue; and a representative from Conrad indicated that they do decelerate accelerated del inquencies. She noted that the City Attorney has been in contact with that com- munity concerning the matter. The City Manager stated that the Administrative Services Director has just received a I letter from Paula Rindels, Dorsey and Whitney, concerning this matter. He then indicated his intention to place this item on next week's agenda for discussion. Commissioner Vant Hull then noted that two weeks ago she had updated the Commission on her discussion with the Legislative Committee concerning revision of the annexation laws. She once again suggested that each Commissioner contact two or three legislators or candidates in an attempt to get them to commit to sponsoring or supporting a bill to change the annexation laws as they pertain to agricultural land, tying the definition for agricultural land to the tax law definition. She noted the League has indicated it will support this legislation; however, it will not sponsor it. Following a brief discussion, the Commission asked the staff to prepare and send a letter to all legislators and candidates concerning this item. Commissioner Martel stated he was impressed with the program concerning street mainten- ance districts, particularly with the manner in which Helena has handled the situation. He noted this mechanism allows a community to place a charge against state and federal properties as well as all other properties within the community for services rendered. The Commissioner noted that in Helena, the street maintenance districts provide revenues equal to 12 mills; and those fees are assessed outside 1-105. He then stated that Billings submitted a similar program for lighting and fire hydrant districts. He noted that Missoula has a catalog of user fees which is very exten- sive, and might also be helpful. Commissioner Martel then indicated an interest in pursuing a street maintenance district, suggesting it could include sidewalks and possible tree trimming. I Mayor Stiff briefly reviewed the keynote speech by Don Peoples, Chief Executive of Butte-Silver Bow. He noted that the dedication of the people in that community has helped make it what it is today; and other communities, including Bozeman, could learn from them. The Mayor noted that he also attended the seminar on street maintenance districts. He stated that 60.7 percent of the street budget is funded through the maintenance districts, 20.9 percent from the General Fund, 16.5 percent from Gas Tax monies, 1.4 from the Helena Housing Authority, and .5 through dust control districts. The Mayor then suggested this item should possibly be I isted on the agenda for a fifth Monday discussion. 10-11-88 449 Commissioner Martel noted that Helena is divided into two street maintenance districts which cover the entire community. He noted that District No. 1 covers all commercial areas; and the fee is assessed at .02508 cents per square foot. District No.2 covers all remaining areas; and the fee is assessed at .00427 cents per square foot. Mayor Stiff then stated that City Manager Wysocki did a presentation on business li- censes. He noted that the City Manager was also part of a panel of special improvement dis- I tricts, which basically provided an update on various issues faced by the City of Bozeman and the City of Belgrade. He noted that many communities have not faced the problems incurred by these two communities. The Mayor indicated that he enjoyed the luncheon speech by Mr. Jerome Broussard, Columbia Falls Aluminum Company, on working to save jobs. He noted that the company remain- ed open as a result of much private/public cooperation. He further noted that keeping the plant open has been a great success. Mayor Stiff then noted that Nate Tubergen, Finance Officer from Billings, did a present- ation on money management, indicating that a good policy statement is definitely necessary. He stated the policy can address items such as the maximum percentages to be placed in various in- vestments, thus eliminating staff responsibility for making those types of determinations. The Mayor then stated that he visited the exhibit by the Census Bureau. He noted the City must be careful to make sure that in 1990, a proper count is taken of the city's residents. He noted this information is crucial for various programs over the next ten years. City Manager Wysocki noted this is the third consecutive year that a program has been done on special improvement districts; and this year's had about triple the attendance of the past two. He suggested this may be an indication of the problems being encountered throughout the state. The City Manager indicated one theme that ran through various programs was the fact that city government is one of the elements which helps a community develop and maintain its identity. I City Manager Wysocki then indicated that a short presentation was made on cable televi- sion franchising. He then noted that the staff has received a copy of the franchise for Bi lIings, noting that an agreement must be dated after 1984 to be "state of the art. II He then noted an- other topic covered was review of proposed changes in gambling legislation, which would elimi- nate the local government license fee. He indicated that local option taxes seem to be generally supported as a possible legislative change. Commissioner Martel noted the State is attempting to take over complete control of gam- bling within the State, with a portion of the revenues to be contributed to local governments. City Attorney Becker stated that two of the topics covered by the attorneys were gam- bling and the open meeting law. He noted that proposed legislative changes for gambling would set a limit of twenty machines for any establishment licensed for on-premises consumption of al- coholic beverages. He noted there is a possibility that 1121, II or blackjack, machines may be le- galized during the legislative session as well. He stated a State-wide Gaming Commission has been establ ished to review the gaming industry and to submit proposed legislative changes. The City Attorney then briefly reviewed the information received concerning the open meeting law. B rea k - 3: 55 to 4: 00 p. m . Mayor Stiff declared a break from 3:55 p.m. to 4:00 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Discussion - FYI Items I City Manager Wysocki presented to the Commission the following IIFor Your Informationll items. ( 1 ) Mayor Stiff noted that October 31 is the fifth Monday this month. He then re- quested that discussion of topics to be included in the fifth Monday discussions be placed on next week's agenda. He then suggested that the Commissioners submit lists of topics to the Clerk of the Commission prior to next week's meeting. The City Manager suggested that the number of topics listed be limited, noting that the fifth Monday discussion in August contained too many subjects to allow for adequate considera- tion in a reasonable length of time. 10-11-88 450 Commissioner Vant Hull requested that discussion of dog license fees, and other user fees, be placed on that agenda. She also requested that the issue of street maintenance dis- tricts be addressed. (2) Agenda for the Highway Commission meeting to be held on Thursday, October 13, in Butte. The City Manager indicated that the City will be represented at that meeting, noting that any interested Commissioners are invited to attend. I (3) Agenda and packet for the City-County Planning Board meeting to be held on Thursday, October 13. (4) The City Manager announced the I nteragency Breakfast, to be held Wednesday at 7: 00 a. m. at the Baxter Hotel. (5) Mayor Stiff noted the Commission has received information concerning discussion of street maintenance. He then suggested it may be beneficial to have one or two Commissioners participate in those meetings with the State. He suggested that, since revenues, expenditures, capital needs and engineering are items of discussion, he and Commissioner Martel could become involved in that process. The Commissioners concurred. (6) Commissioner Hawks noted that EDA federal funding was recently reactivated. He then asked about the possibility of obtaining some of those monies for infrastructure improve- ments. City Manager Wysocki stated those funds are generally utilized for economic expansion, noting that redevelopment of a neighborhood, such as the northeast sector, could qualify. He then indicated that he has been following the local application for these monies very carefully through the Gallatin Development Corporation. (7) Commissioner Hawks indicated he has just received a copy of the City of Billings sidewalk policy. He then expressed an interest in possibly considering some of this information prior to adoption of a policy for Bozeman. (8) Commissioner Hawks asked about the new information concerning installation of I sidewalks along state highway-designated streets, as submitted at last week's meeting. The City Manager indicated that City Attorney Becker has begun review of that item and has found conflicting statutes. He stated further research will be required before that item can be addressed. (9) Commissioner Hawks suggested that a discussion of deceleration of special assess- ments be placed on next week's agenda. He indicated that he has had discussions with Mr. Kern and would like to present additional information on that situation under this agenda item. (10) Mayor Stiff noted that the upcoming week has been set aside in recognition of the local Olympic medal winner. He then suggested coordination of activities for the week be done. (11 ) Commissioner Martel noted the minutes from the latest Library Board meeting re- flect a reminder of a reception for a partisan candidate at an individual's home. He expressed disapproval of including an exchange of partisan politics in a non-partisan setting, noting that he plans to express his disapproval to the Chairman of the Library Board of Trustees as well. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Application for Gaming License - The Bowl, 414 East Mendenhall Street ~ two electronic keno machines - through June 30, 1989 Application for Gaming License - F.O. Eagles #326, 316 East Main Street - one live bingo game - through June 30, 1989 Sui Iding I nspection Division report for September 1988 It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- I mission approve the Consent Items as listed above, and authorize and direct the appropriate per- sons to complete the necessary actions. 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. Adjournment - 4:15 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the meeting be adjourned. 10-11-88 451 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. I ALFRED M. STIFF, Mayor ATTEST: ROBIN L. SULLIVAN Clerk of the Commission I I 10-11-88