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HomeMy WebLinkAbout1986-12-08 JOS MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA December 8, 1986 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, December 8, 1986, at 2:00 p.m. Present were Mayor Mathre, Commissioner I Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, 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. None of the Commissioners requested that any of the Consent Items be removed from the agenda for discussion. Minutes It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the minutes of the regular meeting of December 1, 1986, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Exit Conference - Audit for Fiscal Year 1985-86 - Nick Gray, Coopers and Lybrand City Manager Wysocki stated that Mr. Nick Gray, Coopers and Lybrand, is present for the exit conference for the audit for Fiscal Year 1985-86, which has just been completed. Mr. Nick Gray reviewed the various audit documents, which had been distributed to the Commission just prior to the meeting. He stated that this year's audit opinion is once again unqualified, as it has been for the past two years. He noted that the Audit Committee reviewed and discussed the report, prior to this Commission meeting. Mr. Gray noted that one item contained in the financial statements and footnote disclosure addresses the $1.6 million which the City has listed as anticipated revenues in the Special I Assessments Fund. He stated that figure represents past principal and interest due payments for Valley Unit; however, the auditors have noted that this amount does not meet the accounting requirements for revenues, which indicate that the monies must be measurable and available. He noted that, although the amount is measurable, at the present time it does not appear that those monies will be available during the current fiscal year. Nick stated that the auditors have thus listed the $1.6 million as an expenditure to that account and as an increase to Deferred Revenue under the liability section. Mr. Gray then read Footnote 20, which lists the reasons for making this adjustment, noting that at the time of the audit, Valley Unit had filed a petition in bankruptcy court. He indicated that following the date of the audit, the action was dismissed; but the auditors do not feel that action changes the status of this receivable. Nick Gray stated the second report, entitled IIReports on Requirements of the Single Audit Act of 1984 and OMB Ci rcular A-128," was prepared to meet federal requirements on federal revenue sharing, low-income housing assistance monies and the CDBG programs. He noted this report also contains an unqualified opinion. Mr. Gray stated the third report is the II Report to Management. II He noted that, as part of the normal audit function, they review areas of procedure and control within the accounting and finance area as well as the data processing area and submit recommendations where they feel improvements can be made. He noted that in the accounting and finance area, the auditors feel there are areas where improvements could continue to be made with available resources. Mr. Gray stated that the Audit Committee and the City management have reviewed these recommenda- I tions, which are generally housekeeping in nature, and are in general concurrence, subject to appropriate cost/benefit analysis. Mr. Gray stated that the second portion of the II Report to Management" addresses the electronic data processing area. He noted that it is the auditors' perception that there is a need for additional resources in this area to assist in planning system documentation and controls at a level commensurate with the existing hardware system. He stated the major problem is that since installation of the System/38 computer, the existing staff has been scrambling to maintain the day-to-day operations and does not have adequate time to address the documentation needs or to enhance the system's capabilities. Mr. Gray stated he has 12-08-86 010 discussed this item with the Audit Committee also, and they are in general concurrence with the recommendations, subject to cost! benefit analysis. Commissioner Stiff noted that during initial review of the documents, he had been con- cerned about the large portion of the management letter which has been devoted to the data processing section. He stated that during the Audit Committee meeting, the staff indicated that many of the recommendations can be addressed simply by documenting procedures which are currently in place. I Mayor Mathre thanked Mr. Gray for his presentation to the Commission. She then noted that the Audit Committee has reviewed these documents and voted to accept the report. City Manager Wysocki suggested that the Commission table any action on the audit report for a period of one week, since they just received copies of the report at the beginning of this meeting. Continued a bar to be This was the time and place set for the continued public hearing on the Conditional Use Permit requested by Lewis and Clark Family Restaurant to allow a bar to be located In the lower level of the Lewis and Clark Motel. This site is more commonly known as 804 West Main Street. Mayor Mathre reopened the continued public hearing. City Manager Wysocki reminded the Commission that questions had been raised during the public hearing at last week's meeting, one pertaining to the width of the alley and one per- taining to screening between the parking lot and adjacent residential properties. He noted that the proposed alley would be 20 feet wide to the Big Brothers and Big Sisters building, then narrow to 14 feet; and the staff requested the applicant to approach that agency about an ease- ment to widen the alley to 20 feet for the entire block in exchange for shared parking in his lot. The second concern was that the parking lot would adversely impact the adjacent residences; and the Commission has considered the option of requiring screening to reduce that impact. The City Manager then reminded the Commission that concern has been expressed about I a hallway which extends 80-plus feet from the bar, coming to a dead end. He noted that one of the recommended conditions is that the Building Department and the Fire Department approve the plans for this facility; and further suggested that it be specifically stated that the hallway will be made inaccessible to patrons of the bar via a locked door with a sign indicating "no exit, II in a manner acceptable to the two departments. Senior Planner Elkins stated that the Planning Staff is concerned that the proposed widen- ing of the alley to 20 feet along the entire length will remove two of the required off-street parking stalls for the Big Brothers and Big Sisters I leaving only one stall in the back of the lot. She noted that the Zone Code requires that at least one-half of the required parking stalls be provided on site I with the remainder being shared; and this proposal would put the Big Brothers and Big Sisters in non-compliance with that requirement. The Senior Planner stated the staff is also concerned that the 20-foot width might encourage vehicles to go the wrong way on the one-way, creating traffic problems. She then suggested that the width taper to 14 feet along the Big Brothers and Big Sisters, avoiding the potential problems involved. Mr. Jack Schunke, Morrison-Maierle, stated that he has discussed the proposal for widening of the alley with Big Brothers and Big Sisters, as well as shared parking in the new parking lot; and they have expressed an interest. He noted that the director has agreed to sign an agreement for that widening after their attorney has reviewed the document. Mr. Schunke then stated he discussed the direction of the one-way alley with Director of Public Service Dick Holmes; and they concurred it would be better to exit from the narrower width than to enter at the narrower width. I Mayor Mathre asked if the Big Brothers and Big Sisters would be required to seek a variance through the Board of Adjustment if the shared parking seems advantageous and they cannot provide two spaces on their lot. The City Manager indicated they would need to go before the Board of Adjustment. Commissioner Stiff asked about screening between the parking lot and adjacent residential uses. 12-08-86 011 Senior Planner Elkins stated that she reviewed the site this afternoon, just prior to the meeting, and found that most of the parking lot is currently screened from those properties ly_ ing to the west, but not from the properties lying to the east. She then indicated there is currently no screening between the residence fronting on South Ninth Avenue that is owned by Mr. Sebena and the adjacent residence, owned by Mrs. Tootell. She reminded the Commission that all of the properties located in this block are zoned B-2; therefore, no screening is I required between the parking lot and adjacent residential uses. No one was present to speak in opposition to the requested Conditional Use Permit. Mayor Mathre closed the public hearing. Commissioner Vant Hull stated that the Board of Directors for the Big Brothers and Big Sisters will meet on Thursday; and they plan to discuss the proposed widening of the alley at that time. She then suggested that the decision be deferred for one week to see what action is taken at that meeting, noting it may be beneficial to have a City representative there to answer any questions. A decision will be forthcoming in one week. This was the time and place set for the decision on the Conditional Use Permit requested by the I Am Third Foundation, Eagle Mount, to allow an educational/recreational therapy center on a ten-acre tract located in the northwest one-quarter of Section 25, Township 2 South, Range 5 East, Montana Principal Meridian. This parcel is located just north of Goldenstein Lane extended, between South Third and South Nineteenth Avenues. City Manager Wysocki concurred in the Planning Staff's and Zoning Commission's recommenda- tion for approval of this Conditional Use Permit, subject to eleven conditions. Commissioner Vant Hull noted that the Commissioners had received copies of a letter from I A.A. van Teylingen to Mr. Robert Mathis concerning provisions for handicapped access throughout the structure. She asked if that letter addresses the concerns which Commissioner Stiff had expressed at last week's meeting. Commissioner Stiff stated that the drawings which had been submitted to the Commission were only the initial plans and can be revised as needed to meet handicapped needs. He then stated that Mr. van Teylingen has volunteered his services in reviewing the plans to be sure they address those needs. Commissioner Stiff indicated he is now satisfied that his concerns have been met. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission approve the Conditional Use Permit requested by the I Am Third Foundation, Eagle Mount, to allow an educational/recreational therapy center on a 10-acre tract located in the NW! of Section 25, Township 2 South, Range 5 East, Montana PrinCipal Meridian, subject to the following condi- tions, as recommended by the Zoning Commission: 1. The Middle Creek Ditch easement shall be noted on the site plan prior to final approval. No development shall occur within the easement without prior approval by the Middle Creek Ditch Company. 2. Complete landscaping plans in compliance with all appropriate requirements shall be provided for review and approval prior to final site plan approval. Such plans shall include required landscape protection devices and eleva- tions, an acceptable irrigation system, and a minimum 6 percent interior parking lot landscaping. 3. Site drainage information as well as paving and curbing details shall be included on the site plan, and shall be submitted for the review and I approval of the City Engineering staff prior to final site plan approval. 4. The location of a garbage enclosure and elevation shall be noted on the site plan prior to final site plan approval. The applicants shall also obtain written approval of the enclosure and its location from the private hauler providing service, prior to final site plan approval. 5. Security lighting shall be provided at each entrance to the structures and shall be delineated on the site plan prior to final approval. 6. A 35-foot right of way for the future location of South 11th Avenue shall be noted on the site plan and a 25-foot setback shall be provided from the future right-Of-way line. No development, with the exception of fencing 12-08-86 -~.- 012 and landscaping, shall occur in the designated right of way or setback area. 7. Prior to occupancy of any structure on the site, an approved road shall be constructed from the existing Goldenstein Lane road section to the western edge of the access approach for the proposed use. 8. Final site plans noting all information required by Section 18.52.120 of the Bozeman Zoning Ordinance shall be submitted for review and approval by the Planning Director prior to the issuance of any building permit for I Phase I I . 9. The developer shall enter into an Improvements Agreement with the City of Bozeman. If occupancy of the structure is to occur prior to installation of the improvements, it must be secured by a method of security equal to one and one-half (11-) times the amount of the cost of the scheduled improve- ments and their installation. Detailed cost estimates, construction plans and methods of security shall be made a part of that agreement. 10. Three copies of the final site plan containing all the conditions, corrections 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 the City Commission approval, and prior to issuance of a building permit for the project. One signed copy shall be retained by the Building I nspection Division; one signed copy shall be retained by the Planning Director; and one signed copy shall be retained by the applicant. 11. All on-site improvements shall be completed within 18 months of approval of the final site plan. All on-site improvements for Phase I I shall be completed within 36 months of final site plan approval for Phase I. The Conditional Use Permit shall be valid for a period of only 36 months following approval of the use. 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 wi II be made and a report made to the City Commission for their action. If all required conditions have been satisfied, the permit will be permanently renewed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. I Ordinance No. 1227 - vacate the alley located in Blocks 46 and 49 of the Northern Pacific Addition (alley running north and south of Fridley Street between Broadway and McAdow AVenues ) City Manager Wysocki presented Ordinance No. 1227, as prepared by the City Attorney, entitled: ORDINANCE NO. 1227 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, VACATING AND ABANDONING A PORTION OF THE ALLEY LOCATED IN BLOCKS 46 AND 49 OF THE NORTHERN PACIFIC ADDITION TO THE CITY OF BOZEMAN, MONT ANA. The City Manager reminded the Commission that it had conducted the public hearing on this requested alley vacation and approved that vacation at its regular meeting held on November 24, 1986. He then recommended that the Commission provisionally adopt Ordinance No. 1227 and that it be brought back in two weeks for final adoption. It was moved by Commissioner Martel. seconded by Commissioner Jordan, that the Commis- sion provisionally adopt Ordinance No. 1227, vacating the alley located in Blocks 46 and 49 of the Northern Pacific Addition, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No being Commissioner Vant Hul I. I Appointment to the Board of Adjustment City Manager Wysocki noted the Commissioners received a memo from the Clerk of the Commission in their packets listing the applicants for this board as well as the below-listed boards. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan. that the Commission reappoint Morris Jaffe to the Board of Adjustment, with a three-year term to expire on December 31, 1989. The motion carried by the following Aye and No vote: those voting Aye 12-08-86 --..-..- J13 being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. Appointments to the Board of Appeals It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission reappoint Gene Brooks to the Board of Appeals, with a three-year term to expire on I December 31, 1989. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. The Commission requested that the second vacancy on this board be readvertised. Appointment to the Art Advisory Commission It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commission reappoint Kenneth Lee Jones to the Art Advisory Committee, with a three-year term to expire on December 31, 1989. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. Appointment to the Cemetery Board It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission reappoint Janice Peace to the Cemetery Board, with a three-year term to expire on December 31, 1989. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Appointment to the City-County Planning Board It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission I appoint Ted Metzger to replace Bob Hawks on the City-County Planning Board, with a two-year term to expire on December 31, 1989. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. Appointments to the Recreation Advisory Board It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commission reappoint Mike Cavaness and Joanne Jennings, appoint Jane J. Davis to replace Erhardt Hehn, appoint Bill Murdock to replace Daria Joyner, and appoint Steve Weil to replace Dave Bergum, to the Recreation Advisory Board, with two-year terms to expire on December 31, 1988. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff and Mayor Math re; those voting No, none. Appointments to the Senior Citizen Advisory Council City Manager Wysocki noted that the Senior Citizen Advisory Council has submitted a proposed list of members for the upcoming year. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commission appoint the following to the Senior Citizen Advisory Council, as recommended by that body: BOZEMAN SENIOR CENTER John Bower Louis M. Moos, Alternate I Arnold Plowman William Larsen, Alternate GALLATIN COUNTY COUNCIL ON AGING Marie Gambill Un Hoag, Alternate AMERICAN ASSOCIATION OF RETIRED PERSONS Torlief Aasheim Christine Henke, Alternate REITRED TEACHERS ASSOCIATION Everett Keyes Alice Ridenour, Alternate 12-08-86 .____n. Olle THIRFT STATIONS Ken Harman George Puhach, Alternate NATIONAL ASSOCIATION OF RETIRED AI Bown FEDERAL EMPLOYEES Robert Summers, Alternate RETIRED SENIOR VOLUNTEER PROGRAM Glenn Welch Lillian Richter, Alternate AT-LARGE Wi liard Harper I Robert Howe, Alternate The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. B rea k - 3: 05 to 3: 1 0 p. m . Mayor Mathre declared a break from 3:05 p.m. to 3:10 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Appointment to the Zoning Commission It was moved by Commissioner Martel, seconded by Commissioner Stiff, that the Commission reappoint Roger Craft to the Zoning Commission, with a two-year term to expire on December 31,1988. The motion carried by the following Aye and No vote: those voting Aye being Commis- sioner Martel, Commissioner Stiff and Mayor Mathre; those voting No being Commissioner Jordan and Commissioner Vant Hull. Discussion - FYI items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) Notes on the meeting concerning 1-105 held in Butte on Friday, as prepared by Commissioner Vant Hull. The Commissioner stated it is important to talk to the legislators, I making sure that they consider a state-wide replacement for the state-wide tax rollback. (2) Agendas and packets for the City-County Planning Board meeting to be held on Thursday, December 11. (3) A copy of the Order and Rationale from the court case against the City of Columbia Falls for default on its SID bonds. (4) A memo from Planning Director Lere indicating a number of zone code violations which should be addressed. He noted these items will be pursued after the holidays. (5) The City Manager indicated he will be in Great Falls for a meeting of the MMIA Board of Directors on Wednesday. (6) The City Manager stated that the Parking Commission will meet at 9:00 a.m. on Thursday, December 11. (7) Mayor Mathre noted the I nteragency Breakfast has been scheduled for this Wednesday morning, but two of the representatives have indicated they will not be able to attend. She then requested that the meeting be cancelled, with the next meeting to be held in January. (8) Mayor Mathre stated she has received a report to bond issuers and a report on the traffic in Gallatin Canyon during the past week. She indicated she will place those reports near the Commissioner mailboxes for review. (9) Commissioner Jordan noted there is an article in the City and State concerning privatization, indicating that he will distribute copies of that article to the Commissioners. (10) Commissioner Martel thanked the Commission for the opportunity to attend the N LC Congress of Cities. He indicated he will submit a written report in about two weeks. He I further noted that he purchased a dozen cassettes from the conference and will place them in the City library. Consent Items City Manager Wysocki presented to the Commission the following IIConsent Items. II Application for Gaming License - Town Pump, 2607 West Main Street - one electronic keno machine - through June 30, '987 Bui Iding Inspection Division report for November 1986 12-08-86 . _....._n u15 It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commission approve the Consent Items as listed and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. I Adjournment - 3:30 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. JUDITH A. MATHRE, Mayor ATTEST: Clerk of the Commission I I 12-08-86