HomeMy WebLinkAbout1986-12-08
JOS
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONT ANA
December 8, 1986
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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
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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.
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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
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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
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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
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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
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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
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