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HomeMy WebLinkAbout1986-02-10 60 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA February 10, 1986 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, February 10, 1986, at 4:00 p.m. Present were Mayor Mathre, Commissioner Jordan, Commissioner Stiff, Commissioner Martel, Commissioner Vant Hull, City Manager Wysocki, I Assistant City Manager Barrick, City Attorney Crumbaker-Smith and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Mayor Mathre asked if any of the Commissioners wished any of the Consent Items removed for discussion. Commissioner Jordan requested that the application for gaming license submitted by Godfather's Pizza be removed for discussion. Minutes - February 3, 1986 Mayor Mathre noted the Commissioners had just received copies of the minutes from the meeting of February 3, 1986. She then requested that action be deferred for a period of one week to allow the Commissioners time to review the minutes. Award bid - computer tape drive for IBM System/38 This was the time and place set to award the bid for the computer tape drive for the IBM System/38. City Manager Wysocki presented to the Commission a memo from Director of Finance Gamradt recommending that the bid be awarded to Ocean Computers, Inc., Playa Del Rey, California, in the bid amount of $8,000.00, subject to receipt of a letter stating that an IBM maintenance agreement can be obtained. The City Manager indicated that he concurs with that recommendation. Commissioner Jordan asked if all companies were given the same flexibility to bid used equipment. I The City Manager stated that the specifications, which were sent to all companies who requested copies, stipulated "new or like new equlpment." He also noted that providing of a maintenance agreement on that piece of equipment was also a part of those specifications. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the bid for the computer tape drive for the IBM System/38 be awarded to Ocean Computers, Inc., Playa Del Rey, California, in the bid amount of $8,000.00, it being the lowest and best bid received, contingent upon receipt of notification that an I BM maintenance agreement can be obtained on this piece of equipment. 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. Decision - Conditional Use Permit - Delta Gamma Sorority, Quad F - allow a women's sorority on Lots 7, 8, 9 and 10, Jollife Rearranqement of Block 15, Capitol Hill Addition (405 East Cleveland Street) This was the time and place set for the decision on the Conditional Use Permit requested by Delta Gamma Sorority, Quad F, to allow a women's sorority on Lots 7, 8, 9 and 10 of Jollife Rearrangement of Block 15, Capitol Hill Addition. This site is more commonly known as 405 West Cleveland Street. City Manager Wysocki requested that the Commission delay the decision for a period of one week to allow the Commission and the staff an opportunity to review the minutes, which were just completed and distributed this afternoon, and allow the staff time to prepare a recommenda- I tion. It was moved by Commissioner Stiff, seconded by Commissioner Vant Hull, that action on the Conditional Use Permit requested by the Delta Gamma Sorority to allow a women's sorority at 405 West Cleveland, be tabled for a period of one week to allow the Commission and staff necessary review time. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No being Commissioner Martel. 02-10-86 51 Update on the status of the UDAG project City Manager Wysocki stated that Commissioner Stiff had requested this item be placed on the agenda. Commissioner Stiff expressed concern that time is running out on the project for which Urban Development Action Grant monies have been awarded; but the City seems to be in a holding pattern. He questioned whether the City should try to get a definitive answer from the I developer on whether he intends to complete the convention center/hotel facility at the proposed location; and if not, whether the project can be relocated by the applicant or whether another convention facility could be constructed by another applicant. The Commissioner noted that if th~ City takes no action, it will probably lose all of the UDAG monies; and if it pursues all other possibilities, it may be able to salvage only a portion of those grant monies. Commissioner Stiff then suggested the City may wish to ask the present applicants, Felska/Solvie, to put money on the line immediately if they plan to proceed with the project as proposed. The Commissioner noted that at last week's meeting, the Commission heard about the importance of having more grant money to be able to afford proper administration; and this money could be used to finance items of importance to the community as the grant is repaid to the City. Commissioner Vant Hull asked about the possibility of a consortium of local businessmen who would be willing to undertake construction of a convention center near an existing hotel facility. Mayor Mathre asked if the City knows whether the applicant has definite plans for an alternative project, or if the initial project is really a dead issue. She also asked if any other applicant is interested in this project or a similar project. Commissioner Stiff stated other local businessmen have indicated interest in building a convention center. He then stated the chronology to be followed at this time appears to be a determination of whether the original project is dead and, if so, whether the UDAG funding can be kept alive for construction of a convention center in another location. I City Manager Wysocki stated that Mr. Solvie has verbally indicated that the project, as originally proposed in the original location, cannot be constructed at this time. He noted that the City should ask the developer for a written communication by a certain date on his inten- tions concerning the original project as well as any relocations or scaling down of that project. Commissioner Stiff indicated he does not feel the current developer should be given an advantage if the project is moved to another location and is scaled down. Commissioner Vant Hull noted that Felska/Solvie has an advantage at this point because that name is on the City's grant. She further noted that the City should seek the current developer's cooperation because his failure to cooperate could cause the City to lose the entire grant for sure. Mayor Mathre asked if it is possible to maintain the UDAG project at all without going through a process similar to the original process. City Manager Wysocki stated there is a possibility of transferring, but it is not very likely. He noted the project can be moved if a number of the circumstances are equal, including the personal qualifications of the developer, the type of project involved and the need for 10 to 14 percent financing to fill in the gap created by conventional financing so that the project is viable. The City Manager then indicated that he has discussed that matter with Mr. Zelio in the HUD office in Denver. He stated that Mr. Zelio addressed a number of possible scenarios concern- ing the grant monies which have been awarded to the City. He indicated that if the same developer were to construct a scaled down project, including a convention center only, at another location, I the City would have a 10 to 20 percent chance of being successful. The City Manager stated that Mr. Zelio then indicated that a transfer to a different developer at a different location would have less chance of success. City Manager Wysocki then noted that several deadlines would need to be extended for another project, since construction design and work drawings would need to be completed; and construction must begin by July 1 under the current contract, with one year to complete the project. He further noted that the project scale, including the number of jobs to be created and the tax revenues to be generated, is an important consideration under the UDAG program. The 02-10-86 ---- -------- 62 City Manager then noted that the original application indicated that 80 to 100 jobs would be created through this project and questioned how many, would be created if only a convention center were built. He also noted that, in view of recent public comments, an updated feasibility study would probably be required. City Manager Wysocki then noted that he had asked Mr. Zelio if the City should resubmit an application or proceed by requesting a number of amendments. Mr. Zelio's response was that under normal circumstances he would recommend submitting another application; but the UDAG I program" has been frozeh. He then indicated that the City could request a number, of amendments -to,the current application. Mr. Zelia's response to a question about deadline extensions was that the likelihood of receiving those extensions is minimal. The City Manager then noted that Mr. Zelio is leaving the HUD office in Denver on February 21, 1986; but he has given the City the name of another individual to contact. He further noted that a gentleman from the Washington, D. C., office will be in Denver on a field trip on February 24, and he is willing to fly to Denver to meet with that gentleman about this grant if the Commission feels it would be beneficial. Commissioner Jordan stated he feels the Commission has lost sight of the original vision, which was not only to provide roll-over grant money but to create more tax revenues and more jobs. He noted the project has been cut in size and scale by about one-third at this point and could be cut again. He then indjcated that he wi II vote against this project once again, due to the location of this project and unknowns about where another project might possibly be located. Mayor Mathre reminded the Commission that it is not yet known if the City still has an applicant, or what Mr. Solvie's plans are. She then noted the Commission must determine whether it wishes the City Manager to pursue th,e possibility of constructing a convention center through use of UDAG monies. Commissioner Stiff stated he feels the community needs a convention center, but he does not want'to see someone make a bad business decision. He further noted that if the motel portion of the project is dropped, the project should gain more support from the existing motel industry. I Commissioner Vant Hull stated she feels the area needs a convention center to accom- modate 500 people. She then indicated that if the project is still viable, she feels the original vision still remains intact. The Commissioner then indicated that she feels if the City has a 20 percent chance of retaining the grant, it should try. Commissioner Martel stated concurrence with Commissioner Jordan's comments. He noted this project was first begun about two and one-half years ago; and he feels the developer has not made an honest effort to meet his obligations and responsibilities. The Commissioner also noted that if the project is scaled down as proposed, chances are that the UDAG monies will also be sea led down. He then stated he is not sure a trip to Denver to meet with a HUD man from Washington will accomplish anythihg, since he has not worked with the project. City Manager Wysocki stated if the current developers indicate a willingness to construct a convention center facility at another location, the Commission must then determine if it is willing to work with the developers. He reminded the Commissioners that whatever project they consider must fit into the time frames which have been submitted. Mayor Mathre stated she does not feel it is necessary for the City Manager to travel to Denver unless the developers are willing to proceed with the project or another developer indi- cates an - interest in proceeding with a similar project. Commissioner Stiff asked if the question can be posed to the developers so that no answer would be an adequate answer on whether they intend to proceed with the original project, as well as a deadline for response to the question of whether the developers intend to proceed with the project as originally submitted. I City Attorney Crumbaker-Smith stated that a letter sent to Mr. Solvie could contain a provision that no answer will be considered a negative answer if the Commission so desires. The City Manager indicated that he will call Mr. Solvie tomorrow to explain the situation and let him know that a letter is being sent. He then noted that with the short timeline, the Commission must allow him some flexibility in talking with various individuals to determine if the City still has a project to be funded with UDAG monies. Commissioner Jordan stated he still does not support the current project and will vote 02-10-86 G3 against it. He then indicated that if a downtown location were proposed and the project helped the core area, he might support the project. It was moved by Commissioner Stiff, seconded by Commissioner Vant Hull, that the Commis- sion authorize and direct the City Manager to write a letter to the applicant tomorrow, request- ing a written response not later than February 18, 1986, on whether he is able to proceed with the project as originally submitted. The motion carried by the following Aye and No vote: I those voting Aye being Commissioner Stiff, Commissioner Vant Hull, Commissioner Jordan and Mayor Mathre; those voting No being Commissioner Martel. Mayor Mathre requested that this item be placed on next week's agenda for further dis- cussion. No. 1198 - Zone Map Change - PLI to B-1 and PLI to TR - Research and Development in the N!, NW!, Section 14, T2S, venue to ighway 191 City Manager Wysocki presented Ordinance No. 1198, as prepared by the City Attorney, entitled: ORDINANCE NO. 1198 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE ZONING DISTRICT DESIGNATION FROM "PLI" (PUBLIC LANDS AND INSTITUTIONS) DISTRICT TO "TR" (TECHNOLOGY RESEARCH) DISTRICT A TRACT OF LAND BEING A PORTION OF TRACTS A AND C OF CERTIFICATE OF SURVEY NO. 1243, SITUATED IN THE N! OF SECTION 14, T2S, R5E, MPM, IN THE CITY OF BOZEMAN, MONTANA. City Manager Wysocki reminded the Commission that they had provisionally adopted this Ordinance, rezoning the area to be developed as the technology research park, two weeks ago. He then recommended that the Commission finally adopt the Ordinance at this time. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commission finally adopt Ordinance No. 1198, changing the zoning from PLI to TR and PLI to B-1 on a tract of land located in Certificate of Survey No. 1243. The motion carried by the I 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. Sections 18.38.030 pertainm to devel- City Manager Wysocki presented Ordinance No. 1199, as prepared by the City Attorney, entitled: ORDINANCE NO. 1199 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING CHAPTER 18.04 OF THE BOZEMAN MUNICIPAL CODE, PROVIDING FOR THE DEFINITION OF IMPERVIOUS SURFACES; AMENDING SECTIONS 18.38.030 THROUGH 18.38.060, PROVIDING FOR LOT AREA AND WIDTH, LOT COVERAGE, YARD SPACES AND BUILDING HEIGHT IN THE TR-TECHNOLOGY RESEARCH DISTRICT; AND AMENDING TABLE A OF SECTION 18.62.190 PROVIDING FOR OFF-STREET PARKING AND LOADING REQUIREMENTS IN THE TECHNOLOGY RESEARCH DISTRICT IN THE CITY OF BOZEMAN, MONTANA. City Manager Wysocki reminded the Commission that they had approved this Zone Code Amendment at their regular meeting held on January 27, 1986. He then recommended that the Commission provisionally adopt Ordinance No. 1199 and that it be brought back in two weeks for final adoption. Commissioner Martel noted that under this Ordinance, technology research establishments I are required to provide one space per 300 square feet of floor area; however, manufacturing uses, research, testing, processing and assembling, and all other industries are required to provide one space per 800 square feet of floor area. He then asked if these requirements will create a problem during development of technology research park areas, since manufacturing may be a part of various businesses locating in that park. Assistant Planner Dave Skelton indicated he does not think it will be a problem; however, the Planning Staff will review the matter and submit a written response prior to final adoption of the Ordinance. 02-10-86 ---- - 6 It It was moved by Commissioner Vant Hull, seconded by Commissioner Jordan, that the Commission provisionally adopt Ordinance No. 1199, amending specified sections of the Bozeman Municipal Code pertaining to developments within technology research districts, 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 Vant Hull, Commissioner Jordan, Commissioner Stiff, Commissioner Martel and Mayor Mathre; those voting No, none. - Godfather's Pizza, 200 South 23rd Avenue, Suite E3 - one video I une 30, 198 City Manager Wysocki stated that Commissioner Jordan had requested this item be removed from the Consent Items. He then presented to the Commission an application for a gaming license, along with the required fee, submitted by Godfather's Pizza for one video draw poker machine. Commissioner Jordan noted most video draw poker machines are located in bars, where those under the age of 19 are not allowed, including in establishments such as bowling alleys. He then questioned having a video draw poker machine in a family type eating establishment, in an area which is accessible to all patrons, and asked if there are any regulations governing the location of the machines. The Commissioner then indicated he would like answers to his questions prior to making a decision on this application. Commissioner Vant Hull expressed support for Commissioner JOFdan1s concern and indicated she would also like to have answers prior to voting on this item. It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that action on this application be tabled for a period of one week to allow the staff time to research the State Statutes concerning this matter. 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. Discussion - FY I Items I City Manager Wysocki presented to the Commission the following IIFor Your Information" items. (1 ) A memo from the Clerk of the Commission reminding the Commission that next week's meeting wi II be held on Tuesday, February 18, rather than Monday, February 17. He noted this is due to Washington's Birthday being observed on Monday; and the change of date is in com- pliance with Commission policy established at the regular meeting held on AprilS, 1982. (2) Mayor Mathre noted that the Commission has set the next orientation session for 2: 00 p.m. on Tuesday, February 18. (3) A letter indicating that the NA TOA membership dues are to be paid if Mayor Mathre is to continue being a member. Mayor Mathre requested that this item be placed on the agenda after the Commission has made a decision on whether to proceed with franchising, which she anticipates will be done during the discussion on goals. (4) Agenda and packet for the City-County Planning Board meeting, which will be held on Thursday evening. (5) Commissioner Stiff indicated that several irrigators, including Senator Paul Boylan, are anticipating water problems again this summer. He also noted that Phil Farnes, SCS, has indicated that the snowpack In the area affecting the City is currently 70 percent of average; and to reach average, 150 to 200 percent of the average snowfall must be received prior to May 1. The Commissioner then requested that an update on the possibility of drilling wells for I watering, such as at the cemetery and various parks. He further suggested that the staff discuss that possibility with the University, the County and the School District, where large amounts of water are used for irrigation purposes. Mayor Mathre requested that this item be placed on the agenda in two weeks for discussion. (6) Commissioner Martel indicated that he will be out of town on February 24 on personal business; and requested that this item be placed on next week1s agenda. He further stated he 02-10-86 85 is currently faced with family health problems and possibly will not be able to attend next week's meeting. (7) Mayor Mathre noted the NLC Annual Cities Conference will be held in Washington, D.C., on March 8-11, 1986. She asked any interested Commissioner to contact her for additional information. (8) The City Manager stated that Senator Baucus will be attending a meeting in Helena I on Thursday with members of the League of Cities and Towns to discuss various elements of the tax reform bi II . He indicated the Director of Finance will be attending, as well as a County Commissioner, and requested that anyone interested in attending contact him tomorrow to make travel arrangements. (9) The City Manager then indicated that on Wednesday, February 19, at 3:00 p.m., Director of Finance Gamradt will host the Commissioners and answer any questions they may have about his department. Consent Items City Manager Wysocki presented to the Commission the following "Consent Items." Building I nspection Division report for January 1986 Claims It was moved by Commissioner Jordan, seconded by Commissioner Stiff, that the Commission approve the consent items as listed above, and that 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 - 5:12 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Stiff, seconded by Commissioner Martel, that the meeting be adjourned. The I 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 ATTEST: Clerk of the Commission I 02-10-86