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HomeMy WebLinkAbout1987-06-22 26C MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA .June 22, 1987 ************************ The Commi,ssion of the City of Bozeman met in regular session in the Commission Room, Municipal Building, June 22,1987, at 2:00 p.m. Present were Mayor Mathre, Commissioner I Jordan, Commissioner Martel, Commissioner Stiff, Commissioner Vant Hull, 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 discussion. Minutes It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the minutes of their regular meeting of June 15, 1987, be approved as amended. 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. o en bids - janitorial services for Cit Hall, Police/ Fire Buildin and Libra':X, or iscal Years 1987-88 and 1988-8 This was the time and place set to open the bids for janitorial services for City Hall, Police/Fire Building, Carnegie Building and the Library for Fiscal Years 1987-88 and 1988-89. The affidavit of publication for the Call for Bids was presented. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the bids for the janitorial services for City Hall, Police/ Fire Building, Carnegie Building and the Library for Fiscal Years 1987-88 and 1988-89 be opened at this time. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Martel, Commissioner I Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No, none. The following bids were then opened and read aloud. Police/Fire Carnegie City Hall Building Library Building Total Captain Clean Bozeman, Montana $16,764/yr $ 9,300/yr $23,220/yr $ 7,740/yr $57,024/yr Davis Maintenance Bozeman, Montana $ 4,800/yr $ 3,000/yr $ 7,500/yr $ 2,040/yr $17,340/yr It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commis- sion refer the bids for the janitorial services 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 Vant Hull, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No, none. Open bids - asphalt rejuvenating agent (r~!..~.:~l'ced) This was the time and place set to open the bids for the asphalt rejuvenating agent (reinforced) . The affidavit of publication for the Call for Bids was presented. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the bids for one truckload of asphalt rejuvenating agent be opened at this time. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner I Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. The following bid was then opened and read aloud. Cost/gallon No. of gallons Total Cost Dyce Chemical, Inc. Billings, Montana $1.49 7,800 $11 ,622.00 It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission refer the bid for the asphalt rejuvenating agent 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 06-22-87 26 -r voting Aye being Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Decision - Conditional Use Permit - Thomas A. Curtis - allow a television station to occupy a structure on Tract 3B, a sub-portion of Block 23 of the Northern Pacific Addition, includin msta atlOn 0 a 2- oot tower an - to -meter diameter sate Ite antenna 1128 ast am Street) I This was the time and place set for the decision on the Conditional Use Permit requested by Thomas A. Curtis to allow a television station to occupy a. structure on Tract 3B, a sub- portion of Block 23 of the Northern Pacific Addition, including installation of a 32-foot tower and 4- to 6-meter diameter satellite antenna. This site is more commonly known as 1128 East Main Street. City Manager Wysocki reminded the Commission that the public hearing on this Conditional Use Permit was conducted at last week's meeting. He then noted that a question was raised about Mr. Curtis' involvement in that property during the public hearing. He submitted to the Commis- sion a letter from Homestead Land and Cattle Company, Inc., stating that Mr. Curtis has entered into a buy/sell agreement with them, contingent upon the City's approval of this application. He noted that the Planning Department does have a copy of the buy/sell agreement. He also submitted to the Commission a memo from Community Development/Zoning Administrator Mike Money suggesting a condition be added to address the Commission's concerns about the adequacy of the existing off-street parking. The City Manager noted that under this condition, the ten existing off- street parking spaces would be stipulated for use by the television station; and as long as the building was totally used for that purpose, no additional off-street parking spaces would be required. He then noted that should any of the space in the building be leased to another business, the applicant be required to provide additional off-street parking spaces within 400 feet of the structure. He stated that the Chamber of Commerce has indicated that it would be willing to provide up to six parking spaces on its property to meet that condition. Mayor Mathre noted that during last week's public hearing, the staff indicated that the I ten spaces provided did meet the parking requirements for the entire building, based upon use as professional office space. The City Manager stated concurrence, noting that at the time those parking requirements were established, no particular use was being considered. He noted that Mr. Bee has testified that eighteen to twenty employees will be hired, which could create a need for additional parking spaces. Commissioner Jordan noted the Commission must consider consistency. He then reminded the Commission that during review of the initial application for construction of the subject building, he raised the issue of additional off-street parking spaces and was assured that ten spaces met the requ i rements. He also asked if the Commission intends to require additional off-street parking spaces for future applications. Following discussion, the Commission concurred that the additional condition should be included. City Manager Wysocki recommended that the Commission approve this Conditional Use Permit, subject to the seven conditions recommended by the Zoning Commission as well as the additional condition submitted during this meeting. It was moved by Commissioner Stiff, seconded by Commissioner Martel, that the Commission approve the Conditional Use Permit requested by Thomas A. Curtis to allow a television station to occupy an existing structure on Tract 3B, a sub-portion of Block 23, Northern Pacific Addition, including installation of a 32-foot tower and 4- to 6-meter diameter satellite antenna at 1128 East Main Street, subject to the following conditions: I 1. That the requirements of Section 18.62.130, "Design Standards - Landscaping," be satisfied. 2. That the requirements of Section 18.62.120, "Design Standards - Screening," be satisfied. 3. That the location and installation of the bases to be utilized for the satellite antennas be approved by the City Engineer prior to final site plan approval. 4. That the existing number of off-street parking stalls not be reduced by either a satellite antenna or trash enclosure. 06-22-87 268 5. That the applicant provide a minimum of ten (10) off-street parking stalls for the television station. If additional space within the structure is to be leased for other purposes, a minimum of one (1) off-street parking stall per employee and one (1) visitor's stall shall be provided on site. Therefore, the applicant must obtain four to six additional off-street parking stalls for the television station. Said stalls must be located within 400 feet of the structure. 6. That all on-site improvements be installed prior to final site plan approval, or that the applicant enter into an Improvements Agreement with the City of I Bozeman and that it be secured with an acceptable method of security equal to one and one-half (H) times the estimated cost of scheduled improve- ments. The improvements agreement must be entered into and the method of security provided prior to final site plan approval. 7. Three copies of the final site plan containing all the conditions, corrections and modifications approved by the City Commission be submitted for review and approved by the Planning Director within six months of the date of the City Commission approval, and prior to the issuance of a building permit for the project. One signed copy shall be retained by the Building Inspection Division; one signed copy shall be retained by the Planning Director; and one signed copy shall be retained by the applicant. 8. All on-site improvements (i. e., paving, landscaping, etc.) shall be completed within 18 months of approval of the conditional use permit. The conditional use permit shall be valid for a period of only 18 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 will be made and a report made to the City Commission for their action. If all the 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. Report from Chairman Tim Fitzgerald re ~king Commission functions and activit~.! City Manager Wysocki stated that Chairman Tim Fitzgerald is present to discuss the functions and activities of the Parking Commission. I Mr. Fitzgerald stated that the Parking Commission was created almost fifteen years ago for the purpose of obtaining and administering off-street parking in the downtown area. He noted that at the present time, the Bozeman Parking Commission oversees four downtown parking lots, and Is responsible for maintenance of the lots, including striping and snow removal, and collection of revenues. He stated the Parking Commission is currently attempting to establish a trust fund for additional parking in the downtown area, recognizing the fact that in a few years the current parking will not be adequate. Mr. Fitzgerald stated that the Parking Commission meets on a quarterly basis unless addi- tional meetings are necessary. He noted that Commissioner IVlartel serves as the Commissioner Liaison; and City Manager Wysocki attends their meetings as well. Commissioner Vant Hull stated that she has received comments from various citizens who have been unable to park in the lot at the corner of East Babcock Street and South Rouse Avenue because the non-reserved spaces have been filled. She then questioned the need to have so many reserved spaces in a parking lot. Mr. Fitzgerald stated that the Parking Commission has established a policy to reserve 15 percent of all available off-street parking spaces for monthly rental. He also noted that the Parking Commission has also changed the method of providing for reserve spaces, marking specific spaces within each parking lot for such use. He also noted that the fees have been increased to $20.00 per month. Mr. Fitzgerald then reminded the Commission that the women's state bowling tournament has been held on weekends for the past two months, creating a strong demand on the specified parking lot. I Commissioner Vant Hull asked if priority is given to customers or employees in the down- town area. Mr. Tim Fitzgerald stated the Parking Commission is trying to address both needs. He noted the downtown parking lots are mainly for customers; and with the reserved parking stalls they try to accommodate the needs of the employees as well as downtown residents. Mayor Mathre thanked Mr. Fitzgerald for his presentation. 06-22-87 2+39 Report from Chairman Ken Monroe re Cemetery Boa!'9_ functions and activities City Manager Wysocki stated Mr. Monroe has indicated that he has an emergency and is unable to attend this meeting. He noted that this item will be rescheduled. Report from Chairman Jeffrey Ball re Pedestrian/Traffic Safety Committee functions and activities City Manager Wysocki stated that Mr. Ball telephoned to indicate he is unable to attend I this meeting. He noted this report will also be rescheduled. Sections 5.06.042 and 5.06.044 of the Bozeman Munici al Code re draw po er mac mes and e ectronlc eno machines City Manager Wysocki presented Ordinance No. 1236, as prepared by the City Attorney, entitled: ORDINANCE NO. 1236 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTIONS 5.06.042 AND 5.06.044 OF THE BOZEMAN MUNICIPAL CODE REVISING THE FEE STRUCTURE FOR LICENSES ISSUED FOR VIDEO DRAW POKER AND ELECTRONIC KENO MACHINES TO COMPLY WITH STATE LAW. The City Manager reminded the Commission that this Ordinance was provisionally adopted on June 1,1987. He then noted that during the District 10 meeting for the Montana League of Cities and Towns held this past week, Alec Hansen indicated that the local governments could establish a license fee of up to $500 per keno machine. He then indicated the City Attorney has not had time to review this item. City Attorney Bruce Becker stated that his copy of HB863 is not signed by the Governor, but he believes it is in final form. He noted that he has contacted the Department of Revenue in Helena, and they interpret the bill in the same way he does, indicating that a local govern- ment may establish a license fee of not more than $100 per video draw poker or electronic keno machine. I City Manager Wysocki suggested the Commission may wish to defer final adoption of this Ordinance for a period of one week to allow the City Attorney adequate time to review the new legislation concerning the license fees. He then cautioned the Commission that the renewal of gaming licenses will also be included on next week's agenda; and several applications, along with the license fees currently contained in this Ordinance, have been submitted. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commis- sion table final adoption of Ordinance No. 1236 for a period of one week to allow the City Attorney adequate time to review the statutory provisions. 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 Mathre; those voting No, none. Appointments to Historic Preservation Advisory Commission (5) City Manager Wysocki noted that five positions on the Historic Preservation Advisory Com- mission expire as of June 30, 1987; and only three applications had been received as of the June 18 deadline. Following discussion the Commission concurred that these positions should be readvertised and that this item should be placed on the July 6 agenda for further consideration. Appointment to Library Board of Trustees (1) City Manager Wysocki noted that Mr. Parker's position on the Library Board of Trustees expires as of June 30, 1987. He then stated that one appl ication has been received for this I Board. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that Elaine Schlenker be appointed to replace John Parker on the Library Board of Trustees, with a five-year term to expire on June 30, 1992. 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. 06-22-87 27U Appoint~~~~-.!~_~~rkin9~C:~~~_i~~!2.~ _tU City Manager Wysocki stated no applications have been received for this position, which expires on June 30, 1987. The Commission requested that this position also be readvertised and that this item be placed on the July 6 agenda for further consideration. Appointment to Zoning Commission (1) I City Manager Wysocki stated four applications have been received for the one position which is open on this commission. It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commission reappoint Patricia L. Follett to the Zoning Commission, with a two-year term to expire on June 30, 1989. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Jordan, Commissioner Stiff and Mayor Mathre; those voting No being Commissioner Martel. Discussion - revised evaluation form for City Man~~..r-!- as prepared by Mayor Mathre Mayor Mathre noted she had submitted a revised evaluation form to the Commissioners at last week's meeting for review and discussion at this week's meeting. She stated the revised form contains a section for numeric rating as well as a condensed form of the questions contained 011 the previous evaluation form. Commissioner Martel and Commissioner Stiff expressed support for the revised form, noting it should be easier to use and more workable. Commissioner Vant Hull suggested several revisions, noting that she feels some of the questions contained on the old form should be retained. The Commissioners concurred in some of those revisions. Mayor Mathre indicated she will revise this draft evaluation form, submitting the final copy in next week's packet for consideration. B rea k - 3: 1 3 to 3: 21 p . m . I Mayor Mathre declared a break from 3:13 p.m. to 3:21 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Discussion - Ordinance No. - enacting a code of ethics for ~_C;:~ty~ficial~_and employees City Manager Wysocki presented to the Commission for discussion, a draft ordinance en- acting a code of ethics for City officials and employees, as prepared by the City Attorney, entitled: ORDI NANCE NO. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ENACTING A CODE OF ETHICS FOR CITY OFFICIALS AND EM- PLOYEES. The City Manager reminded the Commission that they had begun discussion of this policy at their June 1 meeting. Mayor Mathre noted they had reviewed some of the definitions contained in the draft ordinance, ending on "financial interest." Commissioner Jordan stated he feels the definition of "financial interest" should be revised to state that City officials and employees can receive nothing of tangible value. He noted that would allow the officials and employees to accept an invitation to lunch; however, they would not be able to accept any gifts. I Commissioner Martel stated he feels the statutory definition is adequate. The Commissioners then discussed the definition of "personal interest," indicating that they feel it also needs to be revised to make its meaning clearer. Following discussion, City Manager Wysocki suggested that the staff be allowed an oppor- tunity to revise this ordinance, for further Commission review. 06-22-87 271 Staff update re Swim Cen1er repal~ City Manager Wysocki submitted to the Commission copies of a summary of various repairs proposed for the Swim Center in a report submitted by Bronec and Associates, a memo from the Recreation Advisory Board suggesting the list of repairs that should be completed immediately, and an estimate of construction and architectural costs for the project as submitted by Mattson, Prugh and Lenon. I The City Manager noted that in the report submitted by Bronec and Associates, the total cost of all the proposed renovations is $343,000; however, some of those items can be delayed for a period of time and others are optional. He stated the projected construction costs of those items recommended by the Recreation Advisory Board total $260,000, with the architectural fees being an additional $20,365. City Manager Wysocki reminded the Commissioners that the current Capital Improvements Program budget includes $110,000 for repairs to the Swim Center, while the Energy Conservation CIP includes an additional $67,500 for renovations at the Swim Center which would result in energy savings, including insulation and a vapor barrier. He indicated that the Director of Finance has worked on methods of financing the additional costs of renovation and asked him to address that issue. Director of Finance Camradt stated that after reviewing various alternatives for financing of this project, he would recommend that the I NTERCAP program through the State of Montana Department of Commerce be considered. He noted under this proposal, the entire $280,000 would be borrowed and repaid over a five-year period, with the payments being approximately $66,000 a year. He stated that the monies which have been appropriated through the two CIP programs could be used to make the first three payments; and the City would then need to find a way to cover the final two payments for this project. The Director of Finance noted that the City generally does not borrow money because of the interest expense involved; however, under the I NTERCAP program, the interest rate is low enough to be feasible and monies currently available would not be spent immediately. I The City Manager stated that with completion of the repairs, the Swim Center operating costs should be reduced; and the savings could partially fund the repayment. He also noted the staff at the Swim Center is striving to make the facility attractive through its programs, thus generating additional revenues. Commissioner Stiff asked how this transaction would affect the City's financial statements. The Director of Finance stated it will have no effect on the bottom line or the reserves. City Manager Wysocki reminded the Commission that the Swim Center currently generates about $25,000 less In revenues than its total operating costs; and the facility is an asset to the community. Commissioner Jordan expressed concern that in tight financial times, the City is still paying a mill and a half to support the operations as well as funding the debt retirement. He suggested that if the facility does not support its operations within the next two years, the City should possibly reconsider keeping it open. Continued discussion - setting of goals for Fiscal Year 1987-88 City Manager Wysocki stated that a draft ballot for goals for the upcoming fiscal year has been included in the packets. He then suggested that the Enterprise Fund category should possibly be revised to separate the water and sewer items, since they are separate funds. The Commission concurred that revision should be made, along with a few other revisions. They further concurred that if the ballots are included In Friday's packets, they will complete and return them prior to Monday's Commission meeting. I Discussion - method for designation of through streets within the City City Manager Wysocki submitted to the Commission a memo from Director of Public Service Holmes listing a number of streets which are considered through streets but which have not been included in the ordinance designating the through streets. He then noted the memo also raises the question of whether the through streets should continue to be listed in an ordinance, as is now required in the Code, or if the Code should be revised to provide for through streets and authorize the staff to make such designations. 06-22-87 272 Commissioner Vant Hull stated she feels the ordinance listing the through streets should be revised for Commission action, indicating that she feels the designation of such streets is often political and should be acted upon by the Commission. Commissioner Jordan expressed interest in allowing the staff to make the technical decisions; however, he feels the Commission should still have the power to make the political decisions. Mayor Mathre requested that this item be placed on the July 6 agenda for further I consideration. Discussion - FY I items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) A memo from Director of Finance Garnradt indicating that the interest rate on the Montana Cash Anticipation Program for this past year totalled $169, which is substantially lower than was projected. The City Manager noted that the City has applied for a loan under the program again for next year, based on the low interest rate received. (2) The water use report for the week ending June 17, 1987. At Commissioner Stiff1s request, the City Manager reviewed the report on a line-by-line basis. (3) A copy of the agenda and packet for the Zoning Commission meeting to be held on Tuesday, June 23, 1987. (4) A packet of letters submitted by Commissioner Vant Hull concerning a bill sent to Alice Flynn as a result of failure to comply with the sidewalk snow removal ordinance. (5) Commissioner Vant Hull noted an article entitled "lowa1s first local government week" appeared in the October 31, 1983, issue of the Nation1s Cities Weekly. She indicated she will submit copies of this article to each of the Commissioners as well as the City Manager, suggest- ing that Montana may wish to take such action to make citizens more aware of what the local governments provide. Consent Items I City Manager Wysocki presented to the Commission the following "Consent Items." Authorize Call for Bids - seal coat improvements; hot mix overlay; street radius change; and furnishi~ of bituminous plant mix- Authorize absence of Commissioner ant Hull from regular Commission meeting of June 29, 1987 in compliance with S-ection 7-3-4322(2), M.C.A. . --- It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission approve the Consent Items as listed, 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 Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull and Mayor Mathre; those voting No, none. Adjournment - 5:47 p.m. There being no further business to come before the CommissicJrl at this time, it was moved by Commissioner Stiff, seconded by Commissioner Martel, that the meeting be adjourned. 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. JUDITH A. MATHRE, Mayor I ATTEST: Clerk of the Commission 06-22-87