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HomeMy WebLinkAbout1990-07-30 " --- ~~ ...- , ~ ",: " .. :--,' , ... _r:i .. , ..,----.....', " -----.....-----.." MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA July 30, 1990 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, July 30, 1990, at 3:30 p.m. Present were Mayor Hawks, Com- missioner Goehrung (arriving at 4:20 p.m.), Commissioner Frost, Commissioner Swanson, Commissioner Knapp, City Manager Wysocki, City Attorney Becker and Clerk of the Com- mission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of si lence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - July 23, 1990 It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the minutes of the regular meeting of July 23, 1990 be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No, none. Discussion - ro osed revisions a reement for Scul ture Park as submitted b Mike o , attorney representing City Manager Wysocki submitted to the Commission a letter from Mike Cok, attorney representing Darigold, dated July 18, 1990, expressing concerns about, and suggesting revisions to, several of the elements contained in the agreement of understanding for the land exchange for Sculpture Park which the City recently forwarded to his office. He then highl ighted those concerns and proposed revisions, as follows. 1. The official name of the business is IICountry Classic Dairies, Inc. , d/b/a Darigoldll rather than IIDarigold Farms, Inc.1I The City Manager stated he feels this change can be made with no problem; the Commission concurred. 2. The agreement should clearly reflect that if the City refuses to vacate the service drive, Darigold will not deed portions of Lots 5, 6 and 7 of Block 3, Durston's Second Addition, to the City for use as a sculpture park and, in fact, no sculpture park will be permitted to be built on that area. The City Manager stated that the Commission has stated its intent to vacate the service drive as a part of this process; and he feels this could be included in the agree- ment with no problem. The Commission concurred. 3. The agreement currently indicates that Darigold will pay the costs of the survey for the vacated service drive, combining the vacated por- tion of that service drive with existing Lots 1, 2, 3 and 4 of Block 3, while the costs of surveying that portion of Lots 5, 6 and 7 involved 07-30-90 -------------------- "i, 'i '< - 2 - in the land exchange are to be split between the City and Darigold. Darigold feels these costs should be split for both surveys. The City Manager requested Commission input on this issue. Responding to Commissioner Swanson, the City Manager stated he does not have any estimated costs for the surveys. Mr. Mike Cok stated he does not have any estimated costs for the surveys, either. He then suggested that to have the same surveyor do both surveys at the same time could result in a cost savings. He also stated that Darigold feels that the costs of both surveys should be split between the two parties, or each party should be responsible for payment of one survey, rather than the arrangement set forth in the agreement of understanding. Responding to Mayor Hawks, the City Manager stated that the costs for the survey would be Incurred in this fiscal year. He suggested that they be paid through the beauti- fication budget unit, with the General Fund backing those costs, noting that they have not been included In the budget recommendations. Responding to questions from Commissioner Knapp, City Attorney Becker and Mike Cok reviewed the site plans which show the lots in question. Mr. Cok noted that the Darigold building is located on Lots 1, 2, 3 and 4, with Lots 5, 6 and 7 being the vacant lots immediately to the north. The Commission concurred that it would be appropriate to split the costs of both surveys with Darigold. Commissioner Swanson suggested that the Commission ask the Beautification Commit- tee to pursue fund raising efforts to cover these costs. 4. Darigold will not agree to remove the snow from the walkways and snow removal in Sculpture Park; rather, that will remain the respon- sibility of the City. The City Manager stated that in the agreement of understanding forwarded to Mr. Cok, the provision that Darigold would provide snow removal from the sidewalks and walk- ways in the sculpture park was included. He suggested that if Darigold is not willing to remove the snow, possibly the City could reach an agreement with them to provide those services at an agreed-upon cost for time and materials. Mr. Mike Cok stated that Darigold does not want the responsibility and attendant liability for cleaning the sidewalks. He noted, however, that Darigold is willing to provide the water and lawn mowing necessary in the sculpture park, since those are simply ex- tensions of their existing services. He stated that he does not know whether Darigold em- ployees clean their sidewalks or if the service is contracted. He then suggested that this issue be addressed in separate action, rather than included in this agreement. Commissioner Swanson suggested that the Commission delete this item from the agreement, addressing it under separate action as proposed by Mr. Cok; the Commission 07-30-90 I, . - 3 - concurred. 5. Darigold is concerned that vacating of the service drive and the addi- tion of that property to their existing Lots 1, 2, 3 and 4 will trigger the requirement for additional landscaping and other zoning require- ments immediately. The City Manager reminded the Commission that there are several planning and zon- ing regulations and requirements, particularly those relating to landscaping, which could apply to the Darigold property as a result of expanding those lots through incorporation of the vacated service drive. He indicated that he had included this issue in the agreement of understanding so that Darigold would be aware of this potential requirement up front. Responding to a question from Mayor Hawks, Mr. Cok stated the existing sidewalk is located along the curb; and Darigold has paved the existing service drive even though it is actually City property. He then stated that Darigold would like to know if incor- porating the vacated service drive into Lots 1, 2, 3 and 4 will result in an immediate re- quirement for landscaping of the parking lot or whether it will be considered a legally non-conforming use. City Attorney Becker stated his conversation with the Planning Director revealed that the existing Darigold facility would be considered a legally non-conforming use until such time as some change is made, which would trigger the front yard setback require- ments, landscaping requirements and other zoning and planning-related issues. Mayor Hawks noted the initial recommendation from the Pedestrian/Traffic Sa fety Committee includes installation of sidewalks along North 7th Avenue. Mr. Mike Cok stated that Darigold has no problem with the requirement for installa- tion of sidewalks, as long as others in that immediate area must do so as well. He then stated that Darigold is willing to meet the zoning and planning requirements; however, they do not want any surprises stemming from this land exchange. He did note that Darigold is considering the installation of a new milk silo, asking what type of require- ments might be attached to approval of that request. City Attorney Becker stated that the Commission may address the current situation on the subject properties but cannot speak to issues which might arise in the future. However, he assured Mr. Cok that this land exchange action will not trigger the require- ment for additional landscaping. City Manager Wysocki stated that this discussion seems to indicate that his purpose for including this item has been met, because Darigold is aware of the potential require- ment for additional landscaping in the future. He then suggested that this item be deleted from the agreement. The Commission concurred. The City Manager indicated this item will be placed back on the agenda for further consideration after staff has had an opportunity to prepare a revised agreement of under- 07-30-90 .-; I - 4 - standing. for CDBG economic develo ment monies for The City Manager submitted to the Commission a memo from the Planning staff, along with a copy of a portion of the pre-application form. Planner Debbie Arkell stated that the Planning office has received a request from the GranTree Inn for $300,000 in Community Development Block Grant economic develop- ment funds, which is the maximum amount for anyone application. She noted the monies would be granted to the City, who in turn would loan the monies to the GranTree at a low interest rate. She indicated that the Department of Commerce will review this pre- application and, if approved, they wi II request that a full application be submitted. Planner Arkell briefly highlighted the project to be funded with these monies. She stated that the owners of the GranTree Inn are proposing expansion of the facility, in- cluding a 6, 864-square-foot convention center, addition of eighteen rooms, and remodeling of the bar and lounge as well as the restaurant and kitchen area, at an estimated cost of $965,265. She stated the attendant parking and landscaping requirements will be met un- der this application. The Planner then indicated that at the present time, there are fifty full-time equiv- alent employees. She stated that this expansion is projected to create another nineteen full-time equivalent positions, all of which will be low- or moderate-income positions. Planner Arkell stated that at the public hearing held on July 27, several questions and requests for clarification were raised. She noted that this reflects an interest in, and the need for, economic development monies in the community. Mr. Carl Solvie, managing partner for the GranTree Inn, stated that he has been involved in ownership and operation of the motel for five years. He s ta ted that the proposed expansion would be a benefit to the community as well as the motel because of the current inadequacy of convention faci Iities. He noted that at the present time, Bozeman is missing out on a lot of conventions because of the lack of space, even with the GranTree Inn and the Holiday In" working closely together. He then stated that they are seeking a CDBG economic development loan because of the difficulty in getting conventional financing for motels in Montana. Responding to Commissioner Swanson, Mr. So/vie stated that the proposed expansion wi II provide seating for a 375-person banquet. He noted that the space will be developed in such a way that it can provide a large meeting area, or can be broken into several smaller meeting areas as needed. Commissioner Knapp asked how many employees comprise the 50 full-time equivalent 07-30-90 ,. , - 5 - positions and how many comprise the 19 full-time equivalents that will be added. Mr. Solvie stated that approximately 75 people are currently on the payroll. He then noted that the additional 19 positions will all be considered full-time positions. Ms. Daria Joyner, Bozeman Area Chamber of Commerce, stated that pursuit of a convention center in Bozeman has been a top priority item for the Chamber. She stated that Bozeman is losing a lot of convention business because there is no one motel that can accommodate them. She stated that the Chamber has a Convention and Visitors' Bureau which is actively pursing conventions; and a convention center would help to attract those conventions to Bozeman. Responding to Commissioner Swanson, Mr. Solvie stated that the CDBC monies will not be available until at least November 1 if this application is successful; therefore, con- struction would not begin until late fall, weather permitting. or next spring. Mr. Ed Brandt, Gallatin Development Corporation, stated the GDC fully supports the application. He noted that Bozeman has a lot of outdoor amenities, but no convention facilities to accommodate a large group. Commissioner Swanson asked if the group of businesses on North 7th Avenue is pursuing improvement of the streetscape along that street, particularly with the impending pressure that the North 19th Avenue interchange might create. Ms. Joyner stated that an initial meeting was held some time ago; however, no ad- ditional meetings have been held. She noted that the group is prepared to begin taking whatever steps are necessary to organize and move forward. She then noted that they had forwarded recommendations that the medians be removed and that the speed limits be changed; however, no action has ever been taken on those recommendations. Commissioner Swanson noted that at the present time, there are several positive projects taking place along North 7th Avenue, including construction of a new Dick Walter Motors facility, expansion of K-Mart and development of the sculpture park, in addition to this proposed expansion of the GranTree Inn. He suggested that now might be the time for that group to become active. It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the Commission authorize the submittal of the pre-appl ication for a Community Development Block Grant economic development grant for expansion of the GranTree Inn. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson. Commissioner Knapp, Commissioner Frost and Mayor Hawks; those voting No, none. Appointments to Recreation and Parks Advisory Board City Manager Wysocki submitted to the Commission a memo from Clerk of the Com- mission Sullivan outlining the residency requirements for this board, as requested by the 07-30-90 0;, , - 6 - Commission at last week's meeting. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission appoint Michael C. Myers to replace Bill Murdock on the Recreation and Parks Advisory Board, with a term to expire on December 31, 1990. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Swanson and Mayor Hawks; those voting No, none. Appointments to Beautification Committee The City Manager submitted to the Commission a memo from the Clerk listing the applicants for this committee. He then reminded the Commission that the committee cur- rently has six members; and pursuant to the recently revised structure, the committee is to be comprised of eight to ten members. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Commission appoint Catherine Aaberg and Susan Higgins Gill to the Beautification Commit- tee, with two-year terms to expire on December 31, 1992. The motion carried by the fol- lowing Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No, none. Commissioner Swanson noted that the Clerk has requested direction on whether to publish an advertisement for additional applicants so the committee membership may be in- creased. He then suggested that this question be referred to the Beautification Committee for their review and response; the Commissioners concurred. Discussion - FY I Items City Manager Wysocki presented to the Commission the following "For Your Informa- tion" items. (1 ) Notice of special Commission meeting set for 5:00 p.m. on Tuesday, July 31, to continue their work sessions on the budget for Fiscal Year 1990-91. The City Manager reminded the Commissioners that at last week's meeting. they had discussed the possible elimination of this meeting. Commissioner Knapp suggested that the Commissioners decide whether they wish to hold this work session after today's is completed; the Commissioners concurred. (2) Memo indicating there will be no Board of Adjustment meeting in August be- cause no variance requests have been received. (3) Memo announcing a special City-County Planning Board meeting scheduled for 8:00 p.m. on Tuesday, July 31, in the Commission Room to facilitate finalization of the zone code. (4) Letter of resignation from the Recreation and Parks Advisory Board dated 07-30-90 I', . - 7 - July 12, 1990, as submitted by Colin Davis. (5) Copy of a letter from Montana AAA indicating that Bozeman has been select- ed as one of less than 440 cities in the nation to receive a special citation in the AAA Pe- destrian Protection Program. (6) Letter from Gibson and Pamela Crawford, 1104 North Spruce Drive, stating opposition to installing sidewalks on their property. (7) Information sheet from the Mon ta na League of Cities and Towns on the upcoming Annual Conference, which will be held in Bozeman on September 19-21, 1990. (8) Agenda for the Transportation Coordinating Committee meeting scheduled for Thurday, August 16, at 10: 00 a. m., along with the minutes from the TCC meeting of Apri I 19. (9) The City Manager submitted his weekly report, as follows. (1) Participated in the North 19th Avenue interchange meeting on Sunday with Senators Baucus and Lautenberg. (2) Reminded the Commission of the luncheon meeting with Mayor Kemmis from Missoula, scheduled for 12:30 p.m. on Wednesday, August 1, in Room 272 of the Strand Union Building. (3) Meeting of the subcommittee regarding amendments to the Mas- ter Plan has been set for 10: 30 a. m. on Wednesday, August 8. (4) Attended the Parking Commission meeting on Tuesday. (5) Pioneer Ready Mix will begin street improvement projects, with the chip and seal portion beginning on Wednesday and the other schedules to begin next week, after Sweet Pea. (6) Staff has submitted a request to the new man- agement company for the Milwaukee Railroad right-of-way and is awaiting a response. (7) Water consumption was down last week due to the rain, running 6 to 7 million gallons used on those two days. (8) Reminder of the Western Planners Conference, which begins to- morrow at Montana State University and runs through Friday. (9) The overlay project on Durston from North 15th Avenue to 19th Avenue, a part of last year's street improvements which was delayed because of water problems in that area, was completed today. Commissioner Goehrung arrived at 4: 20 p.m. (10) Commissioner Frost submitted the following. (1) Articles from the Anchorage, Alaska, newspaper regarding their adopt-a-park program, which has been suc- cessful. (2) On Tuesday morning he attended the Parking Commission meeting, at which items discussed included snow removal, possibly in conjunction with the City snow removal program, the parking lot at the corner of Rouse and Babcock, and landscaping of the City parking lots. He noted that the Parking Commission is willing to meet with the City Com- mission to discuss the various issues. (3) Attended the Pedestrian/Traffic Safety Commit- tee public meeting on Tuesday evening. (4) Attended the meeting on Sunday regarding the North 19th Avenue interchange. (5) During the past week he received eight telephone calls--two regarding the UCT Building, one regarding sidewalks, one regarding landscap- 07-30-90 ., , , I - 8 - ing, three regarding street maintenance districts and one regarding City taxing increases--and they were not all bad. ( 11 ) Commissioner Swanson submitted the following. ( 1 ) On Tuesday, he met with members of the Gallatin Development Corporation regarding use of the Haynes Build- ing for a business incubator. He noted that the mechanical systems of the building have been reviewed; and the next step is to get a set of plans drawn for the structure. He stated that a meeting is scheduled for next week with people from Butte to discuss their incubator operation. (2) Attended the PTSC meeting on Tuesday night. (3) Noted the serious bicycle accidents during the past week, suggesting that this underscores the need for increased education on bicycle safety. (4) Included a summary from the Wall Street Journal in the Commissioners' mailboxes regarding the Seattle recycling program. He noted one of the keys to the success of this program was neighborhood volunteerism. (5) A t- tended the City picnic on Friday night. He suggested that next year, the Commissioners be in the serving line, which would help them to meet more people. (12 ) Commissioner Knapp submitted the following. (1 ) Reminder that the Gover- nor's Conference on Libraries, which leads to the White House Conference on Libraries, will begin a series of regional meetings this fall. The first one, which is for this area, will be held on October 19 in Helena. She noted that four counties will be involved; and Bozeman should have as many people in attendance as possible. (2) Attended the meeting with the GDC regarding the Haynes Building, as reported by Commissioner Swanson above. (3) Attended a meeting of the Library Centennial Committee, which is planning activities for next year, including an open house at the new library on January 1 to celebrate the library's centennial as well as ten years in the new building, and ending with a new year1s celebration the following year. (4) Met with staff regarding the proposed changes in the senior center board. (5) Attended a great City picnic on Friday night. (13) Commissioner Goehrung apologized for arriving late, noting he attended a computer workshop. (14 ) Mayor Hawks submitted the fOllowing. (1) Attended the PTSC meeting on Tuesday night. (2) Attended the City picnic on Friday night, noting he was pleased to see so many people in attendance. (3) Attended the North 19th Avenue interchange meet- ing on Sunday, noting he feels it went very nicely. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. 07-30-90 -, .. ' . - 9 - A A It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the Consent Items be approved 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 Goehrung, Comm iss ioner Frost, Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No, none. Adjournment - 4:28 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Swanson, that the meeting be ad- jou rned . The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung and Mayor Hawks; those voting No, none. 07-30-90 - .~~~,.