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HomeMy WebLinkAbout1993-06-01 ccm - - MINUTES OF THE MEETING OF THE CITY COMMISSION BOlEMAN, MONTANA June 1, 1993 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, June 1, 1993, at 3:30 p.m. Present were Mayor Swanson, Commissioner Stiff, Commissioner Frost, Commissioner Vincent, Commissioner Knapp, City Manager Wysocki, City Attorney Luwe 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 Mayor Swanson noted that the Commissioners have received draft copies of the minutes for the regular meeting of May 17 and May 24 and the special meeting of May 25; however, no ection is anticipated on them until next week. Discussion - Law and Justice Center - bid acccDtance of $1.444.000 from Edsall Construction - City's share of monies City Manager Wysocki submitted to the Commission a memo dated May 26, in which he forwarded his recommendation that the Commission accept the bid from Edsall Construction Company. He noted that the County Commission has accepted the bid, contingent upon the City's concurrence to participate in its portion of the project. The City Manager stated that the City's share of the construction costs from the $1,444,000 total bid is $678,680 plus $14,000 for the alternate, which is for hooking up the fire alarm, for a total of $692,680. He reminded the Commission that this figure is in addition to the .60,000 which the City already paid for architectural fees. He suggested that the Commission act only on award of the bid at this meeting, with discussion on funding of the project to occur at a later date. He reminded the Commission that the monies will not be expended in a lump sum, rather the County will bill the City as claims for the construction are processed. 06-01-93 - 2 - The City Manager reminded the Commission that this project will allow for relocation of the City's Police Department and City Court to the Law and Justice Center, thus allowing for some combining of services between the City and County law enforcement and lower court functions. ~ Responding to Commissioner Frost, the City Manager stated that the City's proportionate .share of the previous bid, which was rejected by the County Commission, would have been approximately $959,000. Responding to Mayor Swanson, the City Manager stated that if the bid is awarded, work should be completed within approximately eight months from the beginning of construction. He estimated that occupancy of the remodeled area will occur at the beginning of Fiscal Year 1994- 1995. Responding to Mayor Swanson, Police Chief Dick Boyer stated that this project has been in the planning stages for three years, following the fire at the Law and Justice Center. He stated that until last Friday, he did not know if there would be a project, so he felt that any efforts to coordinate the Police and Sheriff's Department functions were premature. He stated now that the project is a reality, they will work closely together to create a smooth transition. . Responding to the Mayor, the City Manager stated that the City did not lose anything in terms of space through the rebidding process. He stated that items removed from the project include one entryway, an air conditioning extension, one stairwell and one elevator. He emphasized that these items are items of convenience and do not in any way compromise the project, since there is adequate access, including handicapped access, to the building. The Police Chief noted that the revised project includes restructuring of the remodeling for the District Court offices on the third floor; and a law library has been removed from the project. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the Commission authorize the City's share of monies stated in the memo from City Manager Wysocki. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Knapp, Commissioner Vincent and Mayor Swanson; those eoting No, none. ADDointments to Bozeman Tree Advisorv Board City Manager Wysocki noted that, included in the Commissioners' packets was a memo from the Clerk of the Commission, dated May 27, listing the seven applicants for this new five- 06-01-93 .--- ..- - ..-- - 3 - member board. He cautioned the Commissioners that those who are involved in the tree service and nursery businesses could encounter conflicts of interest while serving on this board, and asked that they take this issue into careful consideration when making their appointments. At the City Manager's request, City Attorney Luwe reviewed potential situations which .COUld result in a conflict of interest under the City's code of ethics. He cautioned that the expertise that may be provided by those in the industry who could incur a conflict must be carefully considered against the possible number of times that a conflict of interest may occur, to ensure that good expertise is not discarded. He noted, however, if it appears that conflicts would occur on such a regular basis that the member would become ineffective, the Commission should carefully consider the wisdom of appointing that individual. The City Attorney forwarded some examples of when conflicts may occur, such as recommendations on awarding of a bid for tree trimming and possibly when developing guidelines and regulations that may affect the tree trimming industry. City Manager Wysocki cautioned the Commission that the first year will be a crucial one for the board, since many of the guidelines for this program will be developed during that period. .~e suggested that it may be extremely beneficial to utilize as much expertise as possible during that time. It was moved by Commissioner Frost to nominate Ken Baker to a one-year term on the Bozeman Tree Advisory Board. The nomination carried by the following Aye vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. It was moved by Commissioner Stiff to nominate Shelly Engler to a one-year term on the Bozeman Tree Advisory Board. The nomination carried by the following Aye vote: those voting Aye being Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. It was moved by Commissioner Frost to nominate Michael Derzay to a two-year term on .he Bozeman Tree Advisory Board. The nomination failed by the following Aye vote: those voting Aye being Commissioner Vincent. It was moved by Commissioner Knapp to nominate Steve Gullickson to a two-year term on the Bozeman Tree Advisory Board. The nomination carried by the following Aye vote: those 06-01-93 ---- ~.._._"'-- - 4 - voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Stiff, Commissioner Vincent and Mayor Swanson; those voting No, none. It was moved by Commissioner Frost to nominate Anne Foster to a two-year term on the Bozeman Tree Advisory Board. The nomination carried by the following Aye vote: those voting eAye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson. It was moved by Commissioner Knapp to nominate Fred Maxted to a two-year term on the Bozeman Tree Advisory Board. The nomination carried by the following Aye vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Stiff, Commissioner Vincent and Mayor Swanson. It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the Commission appoint Ken Baker and Shelly Engler to one-year terms and Anne Foster, Steve Gullickson and Fred Maxted to two-year terms on the Bozeman Tree Advisory Board, with terms to end on June 30, 1994 and 1995. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, Commissioner .rost and Mayor Swanson; those voting No, none. Award sale of bonds - $180.000 SDecial Improvement District No. 657 - for the purDose of accomDlishlng the engineering design and construction of aSDhalt concrete street imDrovements: storm drainage: concrete curb and autter: and concrete sidewalks to serve the Westfield Subdivision. Phase III City Manager Wysocki presented to the Commission a memo from Administrative Services Director Gamradt, dated June 1, recommending that the bid for sale of bonds for SID No. 657 be awarded to Donald Weaver at the net interest cost of 6.9 percent. He noted that this was the only bid received, and is approximately one-half to three-quarters percent higher than could have been anticipated if the Carbon County District Court decision had not been rendered and if the Legislature had taken action during its recent session to clarify that decision. . It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the Commission award the bid for sale of bonds to Donald Weaver at the net interest cost of 6.9 percent. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Swanson; those voting No, none. 06-01-93 - 5 - Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Letter from Gene Surber, MSU/Gallatin County Extension Service, dated May 24, .encouraging the City to consider the possibility of a local water quality district. (2) Letter from the First Homebuyer's Club, dated May 27, providing a progress report on their program. (3) Invitation from the Chamber of Commerce for a community reception for the CNFR, to be held on Friday, June 11, at the Lindley Park pavilion. (4) Agenda for the County Commission meeting which was held at 1 :30 p.m. today at the Courthouse, along with daily minutes for the week of May 17. (5) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. this evening in the Commission Room. (6) Agenda for the Recreation and Parks Advisory Board meeting to be held at 7:30 p.m. on Wednesday, June 2, at the Lindley Park Center. . (7) Agenda for the Highway Commission meeting to be held on Wednesday, June 9, in Miles City. (8) Letter from League of Women Voters, dated May 29, encouraging the pursuit of a water quality district for Gallatin County. (9) The City Manager submitted his weekly report, as follows. (1) Drilling of a well near the corner of East Babcock Street and South Rouse Avenue has recently been completed. The water from this well will be used to control freezing of Bozeman Creek in the winter and will possibly be used for irrigation of the Soroptimist Park in the summer. (2) Announced that this afternoon, the County Commission was to award bids for bond sales on two rural improvement districts; however, they received no bids. He forwarded his position that the only reason the City received bids for the sale of bonds for the special improvement district today is because Don &eaver has been a long-time business partner of Clair Daines, the developer of the project. He stated that this is a direct reflection of the Carbon County decision and the Legislature's inaction regarding the use of the SID Revolving Fund to back specific districts. (3) Stated that, at today's luncheon, he listened to the Director of the Office of Budget for the State, Dave Lewis. He noted that the results of a voter defeat of Referendum 111 are scary, particularly since that would result 06-01-93 ~ - 6 - in a projected $72 million deficit in the State's budget for the upcoming biennium. He expressed concern that this could result in additional costs being passed along to local governments rather than being accommodated at the state level. (4) Talked to Bob Denny from the Forest Service last week regarding the land sale in the Sourdough Creek drainage between the City and the Forest .ervice. He stated that one of the two half-sections of City land being considered for the exchange as a higher appraised value than can be accommodated with this exchange, so a larger tract of lesser value is being considered in its place. He noted that the change in parcels will be submitted to the Commission for action prior to any sale of property occurs. He cautioned that care must be taken to ensure that the value of remaining property owned by the City's Water Fund in the Sourdough Creek drainage is adequate to accommodate a potential future land exchange for a new dam site in the drainage. (10) The City Manager announced that his recommendations for the budget for the upcoming fiscal year are forthcoming, but not on the June 7 date as set forth in the tentative calendar of events. He stated that staff is now attempting to complete the document by the June 14 Commission meeting; and that will change some of the work session dates. . Mayor Swanson suggested that the work sessions initially scheduled for 7:00 p.m. to 9:00 p.m. on Wednesday, June 23, and Monday, June 28, be retained in the schedule, possibly with the addition of a work session on Wednesday, June 30 from 7:00 to 9:00 p.m. (11 ) The City Manager stated that vending carts are beginning their summer business in the downtown area. He noted that he is continuing to follow his policy of only one vending cart per block, which allows for five in the downtown area. He stated that each individual seeking a permit to operate must provide a letter of permission from the business owner in front of whose business the vending cart is to be located; they must provide insurance with a clause that a cancellation may not occur without thirty days' notice; and they must provide documentation that they will hold the City and the State harmless from anything which might occur as a result of their operating in the public right-of-way. He stated that one individual has operated a vending cart in .he downtown without obtaining a revocable permit for the past several years. He further noted that those with permits are beginning to jockey for position, and in some cases are attempting to freeze others out. He summarized the situation,by indicating that he feels too much administrative time is being spent on addressing these issues, even though they are considered to contribute to the uniqueness of the downtown area. 06-01-93 - 7 - Responding to Commissioner Vincent, the City Manager indicated that the revocable permits have been issued on a first-co me-first served basis in the past; however, he noted that this procedure may need review. He indicated that each revocable permit is issued for a two-year period. (12) Commissioner Frost submitted the following. (1) Announced that he will be eabsent from the meeting of June 21. (2) Last week, he attended the steering committee meeting for the enhancement funds, at which time they learned that the federal paperwork must be completed for all projects. He stated that because of this requirement, no project under $25,000 is worth considering. (3) Attended the preservation society meeting last Wednesday night. (4) Stated that a conversation with Code Enforcement Officer Beall revealed that he is very positive about the sign enforcement program. An overwhelming number of businessmen are supportive of the program and are willing to comply; and Officer Beall is making every effort to quickly address those non-conforming signs which are close to and impacting legal conforming signs which businessmen have voluntarily installed. Two interns are currently entering information into a computer program that will automatically determine the allowable square footage of signage on the esite. (13) Commissioner Frost stated extreme concern about the outbreak of caterpillars which has occurred over the past few weeks. He noted that they have attacked many of the trees in the area where he lives, including his trees and some of his shrubs. He stated that conversations with Park Superintendent McNeil reveal that if trees are without leaves two years in a row, they will die. He addressed the speed with which they move, stating that within 24 hours, three-fourths of the leaves on his crab apple tree were gone. He noted that it is possible to spray for these caterpillars, either in the fall or in the spring before they hatch and begin to move. He emphasized the seriousness of this outbreak, particularly since three to four hatches can occur in a summer. He stated that an organic spray, or malathion, or diazonon can be used to control the hatches, if applied at the proper time, noting that conversations with the Park Superintendent reveal that the .ity does not have the equipment to spray the trees. (14) Commissioner Stiff noted that his trees are also becoming infected by the worms to which Commissioner Frost made reference. He expressed concern about the need to invest in spraying of the trees for these worms, particularly since they are in the boulevard, in addition to 06-01-93 - 8 - paying the tree maintenance district assessment. He noted this is in addition to the investment he made in those trees a few years ago by having them professionally trimmed. ( 15) Commissioner Knapp submitted the following. (1) Attended a meeting to develop a slate of engineering firms from which to select an engineer for various street and sidewalk _rojects, rather than going through the request for qualifications process for each small project that is anticipated in the upcoming year. (2) Indicated that she will attend the Beautification Advisory Board meeting on Friday, reminding the Commission that they are awaiting direction on how to assist in the initial steps for installation of a sidewalk along North 7th Avenue. (16) City Attorney Luwe stated that he and Grantsperson/Neighborhood Coordinator Goehrung, along with representatives from HRDC, will be in Helena on Monday to meet with representatives from the Department of Commerce to work on the contract for administration of the CDBG grant for installation of infrastructure improvements for the low-income housing project. ( 17) Clerk of the Commission Sullivan submitted to the Commission a copy of the overview from the International Institute of Municipal Clerks Conference held in Orlando, Florida, on May 22-27, noting that she has marked those sessions which she attended. She thanked the ~ .commission for the opportunity to attend the conference. (18) Mayor Swanson stated that he also attended the meeting of the steering committee for enhancement funds on Wednesday. He noted that at that meeting, they were reminded that a 20-percent local match is required, rather than the 13-percent match that was initially considered. He further noted that match must be in hard cash, not in in-kind services. He then noted the State's apparent dislike for the program, particularly since four applications have already been denied while projects have already been completed under this program in Idaho. The Mayor stated that the steering committee prioritized from the list of 25 projects which had been submitted; and the top priority was pedestrian and bicycle facilities along Highland Boulevard from Kagy Boulevard to Main Street,~ followed by pedestrian and bicycle facilities, curb, gutter and sidewalk along North Rouse Avenue. . Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Deviation - from Section 18.16.050 - to allow the enclosure of an existing covered Dorch to encroach into the reaulred 25-foot front yard setback - Steve Howeth. 209 West College Street (Bon-Ton Historic District) 06-01-93 ...._----_._'-~-'----- - 9 - Deviation - from Section 18.65.050.A. - to allow a oortion of a diamond-shaDed sign to Droiect above a roof line - Gary DiPaolo and Amelia Cain for Bagel Works. 708 West Main Street Deviations - from Sections 18.30.050 and 18.50.130.A. - to encroach 5 feet into a reauired 25-foot front yard setback and eliminate an off-street loading berth located in the North 7th Avenue entryway corridor overlay district - Steve Lester dba Ramada Inn. 2020 Wheat Drive . Deviation - from Section 18.18.050 - to encroach 4 feet into a reauired 8-foot side vard setback - Ryan Hamilton. 502 East Curtiss Street Authorize City Manaaer to sign - Amendment No.1 - Morrison-Maierle/CSSA Enaineerina Aareement - 1992 Sidewalk Proaram Award bid - Street oaving imorovements - SID No. 657 - Westfield Subdivision. Phase III - Figgins Sand and Gravel. Bozeman. Montana - $90.311.50 Award bid - one (1) used rubber tire front end tool carrier - Tractor and Eauioment. Billings. Montana - low bid including oallet forks and two- way radio - $58.529.00 Commission Resolution No. 2915 - clarifyina the terms of the fee for the cash-in- lieu oayment oDtion to the off-street oarking reauirement under Section 18.50.120 of the zonina title of the Bozeman MuniciDal Code as amended COMMISSION RESOLUTION NO. 2915 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, . MONT ANA, CLARIFYING THE TERMS FOR PAYMENT OF THE FEE FOR CASH- IN-LIEU PAYMENT OPTION TO THE OFF-STREET PARKING REQUIREMENT UNDER SECTION 18.50.120 OF THE ZONING TITLE OF THE BOZEMAN MUNICIPAL CODE AS AMENDED. It was moved by Commissioner Knapp, seconded by Commissioner Frost, 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 Knapp, Commissioner Frost, Commissioner Stiff, Commissioner Vincent and Mayor Swanson; those voting No, none. Work session - Commissioner discussion ra setting of aoals for FY 1993-1994 Since the discussion was conducted in work session setting, minutes are brief. . The Mayor noted that all staff presentations regarding their goals for Fiscal Year 1993- 1994 have been submitted to the Commission; and Commissioner Vincent reviewed the goals which he had listed. He asked that the remaining Commissioners comment on the goals which they had listed, suggesting that after that is completed, the Commission may wish to concur with the goals that the staff members forwarded. 06-01-93 . - 10 - City Manager Wysocki noted that if each of the Commissioners submits three top goals, that will probably result in the staff having fifteen new priority goals to address during the upcoming year, which is a rather aggressive undertaking. Each of the remaining Commissioners reviewed their lists of goals in the following order: .commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Swanson. Commissioner Knapp noted that many of her goals are the same as or very similar to some of those listed by other Commissioners. She highlighted her primary concerns, which include the Law and Justice Center; affordable housing; finalizing the sign code; implementing the transportation plan, including preparation of a short list of engineering firms from which to select engineers for specific projects, rather than going through the selection process each time; establishing a waste management plan, particularly recycling; and automation of the library circulation system and card catalog. Commissioner Frost noted that he has already prioritized his top ten goals, and has submitted a memo to the Commission listing those goals. He noted that, after listening to the staff presentations, he wishes to flip his No.2 and No.8 priorities. . Commissioner Stiff indicated he would like to see expansion of athletic fields in the community, noting that because of the lack of playing fields, today's children are not afforded the same opportunities that those of a generation ago were. He then noted his strong desire to ensure that staff needs are considered, and not "written off" like they have often been in years past. He noted that the best set of goals for the upcoming fiscal year will carefully consider the staff's goals in conjunction with the Commission's goals. Mayor Swanson noted that under the Director of Public Service goals, the goals that he had forwarded have been split out into several goals, ranging from Nos. 10 through 21. He noted that, in reality, these can be consolidated into four goals, under Nos. 12, 15, 18 and 21. He then expanded on his goal for creation of a water quality district, noting that legislation adopted by the 1991 Legislature makes the creation of such districts a possibility. He suggested that this district .COUld be created with little impact on City staff, if it were accommodated under the City-County Health Board, with Dale Johnson serving as the staff person for the project. Under this program, the costs could be recovered through fees, to the City would not incur any additional costs. The Mayor then reviewed several letters which he had received from groups in the community indicating support for this proposal, noting that the concept has a broad base of support. 06-01-93 ---- - . . - 11 - Responding to the City Manager, Mayor Swanson stated that the County has set aside $7,500 to contribute toward the creation of a water quality district. He stated that, because of concerns about the mill levy limitations, the County Commission is not inclined to increase the mill levy for the City-County Health Department to provide additional funding for this program. . Following a brief discussion on the procedure for prioritization. it was determined that the Clerk of the Commission will combine the two lists of goals into one consolidated list, eliminating duplications. The Commissioners are to select their top five priority goals, in rank order, and submit those listings to the Clerk by 2:00 p.m. on Thursday, June 3, for incorporation into the consolidated list. The City Manager requested that the Commission consider establishing its top ten goals, as a group, from the goals that surface as top priority. Adiournment - 5:15 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Stiff, that the meeting be adjourned. The .motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. ATTEST: ()~ - J~ ROBIN L. SULLIVAN Clerk of the Commission . 06-01-93 ------