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HomeMy WebLinkAbout1988-04-11 155 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA April 11,1988 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, April 11,1988, at 2:00 p.m. Present were Mayor Stiff, Commissioner Hawks, I Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, City Manager Wysocki, City Attorney Becker and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Mayor Stiff requested that the four requests for waiver of the open container ordinance be removed from the Consent Items for discussion. Minutes It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the min- utes of the regular meeting of April 4, 1988 be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. Decision - Commission Resolution No. 2690 - intent to create SID No. 653 - paving, curb and gut- ter and sidewalk on a portion of Graf Street This was the time and place set for the decision on Commission Resolution No. 2690, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2690 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DE- CLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE SPE- CIAL IMPROVEMENT DISTRICT NO. 653 FOR THE PURPOSE OF ACCOMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION, INSPECTION AND ENGINEERING CERTIFICATION OF THE ASPHALT PAVING, CURB AND GUTTER, AND SIDEWALK I ON A PORTION OF GRAF STREET AND ALL OTHER NECESSARY APPURTENANCES TO COLLECTOR STANDARDS. City Manager Wysocki reminded the Commission that the publ ic hearing on this resolution was conducted at last week's meeting. Mayor Stiff stated that, although he was not present at last week's meeting, he has lis- tened to the tapes of the two public hearings and reviewed the minutes. He indicated that he has also discussed these items with each of the Commissioners as well as with staff and is pre- pared to vote on both. The City Manager indicated the Commission must address two questions, whether to allow this mechanism of financing for the project, and whether or not the street should be a collector. He then noted that copies of a letter from Sanderson/Stewart/Gaston Engineering were included in the Commissioners packets, written at his request to address some of the questions which were raised at last week's public hearing. He noted the letter addresses items such as benefits to the two individually owned lots through storm drainage, noise and dust abatement and access, as well as assigning a dollar value to those benefits and the proposed assessment cost. The City Manager then noted that he has also submitted a memo to the Commission showing the cost of special assessments in a specific lot in Figgins Addition and a specific lot in West Park Manor Subdivision for comparison purposes. City Manager Wysocki stated that the City has required that right-of-way for a collector street has been required, as contemplated in the 1983 Master Plan. He noted the petitioner had originally proposed a standard residential street; however, the staff followed the Master Plan, I and the plans were changed to accommodate a collector street. He then indicated that the City's SID policy is being met for this district because the developer of Spring Meadows Subdivision is installing water and sewer services as well as a private road system within the subdivision through private financing. I n response to a question from Commissioner Goehrung, the City Manager indicated the boundaries of the district should also be considered during this discussion if a change is to be contemplated. Mayor Stiff asked each Commissioner to respond to the questions of whether Graf Street should be developed to a collector standard, whether the special improvement district mechanism 04-11-88 156 of financing should be approved, and whether the boundaries of the district should be changed. The Commissioners each responded in the affirmative to the question of whether a col- lector street should be constructed. City Manager Wysocki noted that east! west access for the area generally bounded by South Third Avenue, Sourdough Road and Goldenstein Lane was contemplated in the 1967 Master Plan; however, that changed to a north/south access in the 1983 Master Plan. He noted there are some options for east/west access yet; however, a north/south collector is also necessary. I Commissioner Martel noted that to construct a collector street at this time will alleviate any need to tear out much of the improvements in the near future, resulting in higher costs. He then stated that the Spring Meadows Subdivision alone will not generate the traffic to warrant an arterial street; but future development in that area will. The Commissioners then each responded to the question of whether the special improve- ment district process should be the financing mechanism for this project. Each Commissioner in turn expressed support for use of the special improvement district process; however, several concerns were raised about the proposed method of assessment. The Commissioners subsequently addressed the issue of district boundaries. Commissioner Hawks noted that two of the lots contained within the district boundaries are not typical, noting one is a corner lot and one is a large lot that has gone through the amended plat process. He acknowledged that the proposed assessment, based a square-footage basis is much lower than a I inear-footage basis would have been. He also noted that one-half of the square footage of the corner lot has been included within the district boundaries, which is consistent with the manner in which the City has assessed corner lots in the past. The Commis- sioner stated, however, that he feels that the circumstances are different for this proposed dis- trict; and the boundaries on the two large lots should be relocated so that less square footage is assessed. Commissioner Vant Hull stated she concurs that the two large lots will receive some bene- fit from the proposed district. She also concurred that a collector street standard is necessary; however, she feels the Spring Meadows Subdivision should bear the majority of the costs. She then indicated that she feels that access is the major benefit; and the two subject lots would not I benefit from that aspect since they gain access from Colter Avenue. The Commissioner then sug- gested that the assessment for those two lots be decreased to approximately one-fourth of the proposed assessment to more closely reflect the benefit received. City Manager Wysocki cautioned the Commission that corner lots should be treated the same throughout the community. He then asked the City Attorney to review the options for as- sessment. City Attorney Becker stated that assessments may be based on linear footage, square footage or assessable value of the property. He further indicated that the statutes require that the benefit and costs should be equitably apportioned. City Manager Wysocki cautioned the Commission that the cost per square foot must be the same on all properties contained within the boundaries of the district. He then stated that one-half of the corner lot owned by Mr. Gardiner was assessed in the special improvement dis- trict for paving of Colter Avenue. He noted that one-half of the original lot now owned by the MSU Foundation was assessed in that same district. Subsequently, an amended plat was filed which enlarged that lot; and the additional portion has not been assessed through any special improvement district to date. The City Manager then stated that the district boundaries may be moved as the Commission deems appropriate; and the square footage assessments will be deter- mined accordingly. He cautioned that any relocation of the boundaries must be accomplished on a rational basis. Commissioner Martel asked if the natural conservancy strip on the MSU Foundation lot I must be retained or if it could be subdivided or developed in the future. Mr. Gardiner indicated that the deed requires that the natural conservancy strip be main- tained. Commissioner Goehrung acknowledged that all of the lots within the proposed district re- ceive benefit from the improvements; however, he questioned the amount of benefit to each lot. He then indicated that he does feel that to include 30 to 40 percent of the two large lots within the district, rather than the proposed 50 percent, would more equitably represent the amount of benefit received. 04-11-88 157 City Manager Wysocki indicated that any change in boundaries wi II result in beginning the process once again, going through the resolution of intent and the public hearing process once more. He noted that will take thirty to forty-five days to complete. Commissioner Hawks noted that to decrease the amount of the lot by one-third will not result in a one-third decrease in assessment, since the cost per square foot would be higher. Commissioner Martel noted that the letter from Sanderson/Stewart/Gaston Engineering I itemizes the estimated costs of the improvements to be installed along with the estimated as- sessments to the two lots owned by Mr. Gardiner and the MSU Foundation. He noted that the assessments are substantially lower than the cost of the improvements; therefore, those lots are already being given a reduction to reflect the reduced benefit received. He then reminded the Commissioners that any costs removed from those properties must be picked up by either the City or the lots in the Spring Meadows Subdivision. Mayor Stiff noted that Mr. Gardiner's corner lot is being handled in the usual manner under the proposed special improvement district. He further noted that one-half of one-half of MSU Foundation's lot will not be assessed for improvements under the proposed boundaries. He then stated that he feels the proposed district reflects a discount on both those large lots for the improvements which are to be installed. Commissioner Hawks suggested the Commission consider either taking action on the spe- cial improvement district at this time or defer action for one week and encourage the developer to work with the staff in an attempt to accommodate the two private property owners. He noted that to begin the process once again due to a change in boundaries could create a hardship through inability to complete the project during this construction season. City Manager Wysocki indicated that he has not discussed this matter with Mr. Miller; and he is not certain that the developers will accept any more responsibil ity for this special improvement district. B rea k - 3: 24 to 3: 28 p. m . I Mayor Stiff declared a break from 3:24 p.m. to 3:28 p.m., in accordance with Commis- sion policy established at their regular meeting of March 14, 1983. Decision (continued) - Commission Resolution No. 2690 - intent to create SID No. 653 - paving, curb and gutter and sidewalk on a portion of Graf Street It was moved by Commissioner Vant Hull that the decision be delayed for a period of one week. The motion died for lack of a second. It was moved by Commissioner Martel that the Commission authorize and direct the staff to proceed with creation of Special Improvement District No. 653, including preparation of the resolution of creation. The motion died for lack of a second. Commissioner Hawks noted that the Commission is in general agreement with the special improvement district process; however, the parameters of benefit have been difficult to estab- lish. He then noted that the amount of the benefit in question is $5,000 to $6,000, spread over a twenty-year period, which is small when considering the value of the two subject lots. Commissioner Martel noted that the City has established a policy for special improvement districts; and the proposed district falls within the parameters of that policy. Commissioner Vant Hull stated she feels the proposed Spring Meadows Subdivision is good; however, she feels the two private property owners involved in this SID are being treated unfairly through the proposed assessments. It was moved by Commissioner Hawks, seconded by Commissioner Martel, that the Commis- sion authorize and direct the staff to proceed with creation of Special Improvement District No. I 653, including preparation of the resolution of creation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Martel, Commis- sioner Vant Hull and Mayor Stiff; those voting No being Commissioner Goehrung. Decision - Zone Map Change - R-3 to R-O - Daniell D. Henderson for the Roman Catholic Bishop of Helena, Montana - Tract B, COS No. 691, Wi SWi, Section 12, T2S, R5E, MPM and a tract in the SW! SWi, Section 12, T2S, R5E, MPM (3.18-acre tract located at 415 South 15th Avenue) This was the time and place set for the decision on the Zone Map Change from R-3, Resi- dential--Medium-density, to R-O, Residential--Office, requested by Daniell D. Henderson for the 04-11-88 158 Roman Catholic Bishop of Helena, Montana. The subject property is known as Tract B of Cer- tificate of Survey No. 691, located in the west one-half of the southwest one-quarter of Section 12, Township 2 South, Range 5 East, Montana Principal Meridian, and a tract in the southwest one-quarter of the southwest one-quarter of Section 12, Township 2 South, Range 5 East, Mon- tana Principal Meridian. The parcel contains 3.18 acres and is more commonly located at 415 South 15th Avenue. City Manager Wysocki reminded the Commission that the public hearing on this item was I conducted at last week's meeting. He then distributed to the Commission a letter from Mr. Henderson, received just prior to the meeting, listing several options he would like to have prior to a final decision on this item. He noted those options include a desire to withdraw the appli- cation if a IITII is added; a desire to discuss the possibility of adding an in-house liT II ; and a desire to possibly defer action for one week to allow him an opportunity to talk to staff. The City Manager then recommended that the Commission proceed with its decision on this item unless the applicant withdraws his application prior to any motion. Mr. Henderson reminded the Commission that his application is for a Zone Map Change from R-3 to R-O. He then indicated he wishes to withdraw his application if a IITII designation is to be attached; however, he would like an opportunity to consider allowing his application if an in-house IITII designation is to be voted on. He stated he will not know whether he wishes to withdraw the application until after the Commission has given an indication of how it wishes to vote on this possible rezoning. Planner Dave Skelton stated that a review of the petition received during last week's public hearing reveals that more than 20 percent of the property owners within 150 feet of the subject site oppose the zone change; therefore, under Section 76-2-311, Montana Code Anno- tated, at least four of the Commissioners must vote for the zone map change for it to become effective. City Manager Wysocki asked how large a building could be constructed on the subject site if the R-O zoning is approved, without the review process being triggered. Planner Skelton stated a 31,OOO-square-foot building could be constructed, or one about I the size of Ernst. He noted that 107 parking spaces would be required for a building of that size, based on professional office use. If more than one building is to be placed on the subject site; a minor planned unit development must be pursued. Commissioner Hawks asked if the subject site could be divided into lots and sold for pro~ fessional office space. Planner Dave Skelton stated that an amended plat could be sought and the property sub- divided, noting it must go through the appropriate review process. The Planner then indicated the staff's concerns about this property being subdivided because it is not adjacent to a public right-of-way; and adequate access must be provided to the site through a public or private street. Planner Skelton then requested that if the Commission decides to impose a "T" desig- nation with in-house review, it establish specific criteria for review. He noted that the Zone Code does set forth specific criteria for review of "TII designations in various areas of the com- munity; however, none have been established for this particular area. He then noted that areas of concern include signage, buffering, traffic impacts, landscaping and pedestrian ci rculation and suggested those be included in the specific criteria. He further suggested that the Com- mission may wish to designate that the process be the same as that set forth for review of minor planned unit developments, which could result in following the public hearing process if a con- troversial plan for development is submitted. The Commissioners in turn indicated whether they would be interested in a "TII desig- nation, a "TII designation with in-house review, or approval of the request as submitted. Com- I missioner Hawks indicated that he would support a "T" with in-house review if a "T" is to be attached; Commissioner Vant Hull supported a "T" with in-house review; Commissioner Martel stated he does not feel a "T" should be added; Commissioner Goehrung indicated support for a IITII with in-house review; and Mayor Stiff stated he does not feel the IIT" is necessary, but noted there are not sufficient votes to approve the zone change without a "T" with in-house re- view being added. 04-11-88 159 Break - 3;50 to 3:55 p.m. Mayor Stiff declared a break from 3;50 p.m. to 3:55 p.m., to allow staff to confer with the applicant. Commission Resolution No. 2692 - intent to create SID No. 654 - paving, curb and gutter and storm drainage along Lea Avenue I City Manager Wysocki presented Commission Resolution No. 2692, as reviewed by the City Attorney, entitled; COMMISSION RESOLUTION NO. 2692 A RESOLUTION OF THE COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO CREATE SPECIAL IMPROVEMENT DISTRICT NO. 654 FOR THE PURPOSE OF ACCOMP- LISHING THE ENGINEERING DESIGN, CONSTRUCTION, INSTALLATION, IN- SPECTION AND ENGINEERING CERTIFICATION OF ASPHALT STREET PAVING, INTEGRAL CURB AND GUTTER AND STORM DRAINAGE IMPROVEMENTS ON A PORTION OF LEA WAY AND ALL OTHER NECESSARY APPURTENANCES TO LOCAL STANDARDS LESS SIDEWALKS. The City Manager indicated that this resolution states the City1s intention to create Special Improvement District No. 654, for paving of Lea Avenue. He reminded the Commission that the City is aware of a del inquency in special assessment payments on one of the nine sub- ject lots; therefore, this project technically does not comply with the City's pol icy. He noted, however, that he has met with the County Treasurer; and he has indicated his intention to pur- sue tax sale in mid-July for this lot as well as others with past-due assessments. City Attorney Becker stated he has met with Mike Rodrique concerning this project and has prepared a statement requiring all of the property owners' signatures that acknowledges there are delinquent assessments on one of the parcels; and they recognize that the delinquency must be corrected before the City wi II sell bonds for the project. Mr. Mike Rodrique, property owner within the proposed district, stated there are nine lots within the proposed district. He noted of those nine, one out-of-town property owner is I currently delinquent on his assessments. He also noted that one property owner lives out of state and has indicated he will not oppose creation of the district; however, he has also in- dicated he will not sign for the district. Mr. Rodrique then asked if all of the property owners' signatures are necessary or if seven of the nine would be adequate. The City Manager indicated that he feels that signatures from seven of the nine property owners on the prepared statements would be adequate to place the City in a tenable position to proceed with creation of this district; and the Commissioners concurred. He then recommended that the Commission provisionally adopt the resolution and set the public hearing for May 2, 1988. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- mission adopt Commission Resolution No. 2692, stating its intention to create Special Improvement District No. 654, and set the public hearing date for May 2, 1988. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. Decision (continued) - Zone Map Change - R-3 to R-O - Daniell D. Henderson for the Roman Catho- lic Bisho of Helena, Montana - Tract B, COS No. 691, Wf SWL Section 12, T2S, R5E, MPM and a tract in the SWi- SWi-, Section 12, T2S, R5 , MPM (3. 18-acre tract located at 415 South 15th Avenue) Mr. Dan Henderson indicated he is willing to proceed with the request for rezoning of the subject parcel. I Planner Dave Skelton suggested that if the Commission wishes to add a "T" designation to the requested rezoning, an in-house review, following the procedure set forth in Section 18.54.300 for minor planned unit developments, be included; and the following five criteria for review be establ ished: (1) signage; (2) buffering from residential and/or adjacent development; (3) traffic impacts; (4) landscaping; and (5) pedestrian circulation. It was moved by Commissioner Martel that the Commission approve the Zone Map Change from R-3, Residential--Medium-density, to R-Q, Residential--Office, requested by Daniell D. Henderson for the Roman Catholic Bishop of Helena, Montana, on Tract B of Certificate of Sur- vey No. 691, located in the west one-half of the southwest one-quarter of Section 12, Township 04-11-88 160 2 South, Range 5 East, Montana Principal Meridian, and a tract in the southwest one-quarter of the southwest one-quarter of Section 12, Township 2 South, Range 5 East, Montana Principal Meri- dian. The motion died for lack of a second. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Com- mission approve a Zone Map Change from R-3, Residential--Medium-density, to R-O- T, Residential-- Office with a Transitional Overlay, on Tract B of Certificate of Survey No. 691, located in the west one-half of the southwest one-quarter of Section 12, Township 2 South, Range 5 East, Mon- I tana Principal Meridian, and a tract in the southwest one-quarter of the southwest one-quarter of Section 12, Township 2 South, Range 5 East, Montana Principal Meridian, with the in-house review procedure to be the same as that for minor planned unit developments, as established in Section 18.54.300 of the Bozeman Municipal Code, addressing the following criteria: (1) signage; (2) buffering from residential and/or adjacent development; (3) traffic impacts; (4) landscaping; and (5) pedestrian circulation. The motion carried by the following Aye and No vote: those vot- ing Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel and Mayor Stiff; those voting No, none. Request from the Downtown Bozeman Association - that the City place the monies from sale of the downtown street lights in an interest-bearing account and earmark those interest monies to- ward payment of energy costs for the Christmas decorations City Manager Wysocki presented a letter from Larry Bowman, President of the Downtown Bozeman Association, requesting that the monies from sale of the downtown street lights be placed in an interest-bearing account and that the interest monies be earmarked toward payment of energy costs for the Christmas decorations. The City Manager reminded the Commissioners that the street lights along Main Street were installed through two special improvement districts in 1953. He noted that after the districts were paid in full, the equipment became the property of the City. He indicated that when Montana Power Company stated an interest in installing high- -pressure sodium fixtures last year, the staff negotiated a sale of the equipment back to the com- pany for $5,000. He then noted that those monies have been accounted for separately and are currently located in an interest-bearing account. He stated that the City has not participated in I the costs of the Christmas decorations in the past, except through use of fire equipment and per- sonne' for hanging and removing the decorations. The City Manager then indicated the antici- pated interest income would be about $300 to $350 each year. He recommended that the Commis- sion earmark the interest income for a three-year period, reviewing the situation at that time. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the Com- mission authorize and direct that the interest monies derived from the sale of the downtown street lights be earmarked toward payment of energy costs for the Christmas decorations for the next three years. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. Commission Resolution No. 2693 - lev in and assessin SID No. 652 - pavin , curb and utter, sidewalks, storm drainage, water and sewer in Graf1s econd Subdivision - 462,000 City Manager Wysocki presented Commission Resolution No. 2693, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2693 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MON- TANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL THE PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 652 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IM- PROVEMENT DISTRICT NO. 652. The City Manager stated that this resolution levies and assesses Special Improvement I District No. 652, located in Graf's Second Subdivision. He stated that these are preliminary assessments, based on the bond amounts; and the final assessments will be made after all con- struction costs have been incurred. He then recommended that the Commission provisionally adopt the resolution and set the publ ic hearing for Apri I 25, 1988. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- mission provisionally adopt Commission Resolution No. 2693, levying and assessing Special Im- provement District No. 652, and set the public hearing date for April 25, 1988. The motion car- 04-11-88 161 ried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Com- missioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No, none. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" I items. (1 ) Agenda and packet for the City-County Planning Board meeting to be held on Thursday, Apri I 14, 1988. (2) Copy of a page of the MMIA Board minutes of the Apri I 1, 1988 meeting, listing additional high risk special events that will no longer be covered under the insurance program. (3) A few articles concerning herbicides and pesticides, as submitted by Commissioner Goehrung. Commissioner Goehrung expressed an interest in the Commission adopting an ordinance that would require all commercial applicators of herbicides and pesticides on public properties to notify the public of such use. He noted that the University currently requires that it be posted where spraying has been done. Commissioner Vant Hull stated support for this proposal. City Manager Wysocki indicated the staff will draft an ordinance for Commission con- sideration. (4) Commissioner Vant Hull noted the Cemetery Board is to meet tomorrow at 2: 00 p.m. She then expressed concern that the Commission has not yet taken action on the Board's recommendation that a vault be required and asked if that item should be addressed. The City Manager indicated that the staff is currently reviewing the item and wi II submit a proposal to the Commission within the next few weeks. He also noted that some religious sects do not support use of a vault; therefore, an alternative must be provided. Commissioner Goehrung asked for information concerning the costs that would be associ- I ated with this requirement. (5) City Attorney Becker stated that he has received a Supreme Court ruling that upholds the District Court's decision in Wright versus the City and Ed Malone. He noted that Mr. Wright had filed suit for false arrest; and the Courts have upheld the City at both the Dis- trict Court and Supreme Court levels. (6) The City Manager reminded the Commissioners that the Interagency Breakfast will be held on Wednesday, April 13 at 7:00 a.m. at the Baxter. (7) The City Manager indicated that a public auction for 25-acre-feet of water was held at the Courthouse on Saturday. He stated the City did bid on those water rights but was unsuccessful. (8) The City Manager reminded the Commissioners of the public meeting for the Master Plan update, to be held at 7:00 p.m. this evening in the Community Room of the Court- house. Planning Director Andy Epple asked if those Commissioners planning to attend wish to participate or to listen to public comment. All of the Commissioners indicated their intent to attend; and most indicated a desire to participate in the process. Request for waiver of the open container ordinance - Sigma Chi - Wednesday, May 11, Fair- grounds, and Saturday, May 14, Bogert Park; use of a PA system on May 11 from 9:00 1.m. to midnight (indoors only); May 14 from 1 :00 p.m. to 4:00 p.m. Re uest or waiver of the 0 en container ordinance - Liver Eatin' Johnson Committee - Frida , 6, 1988 from 5:00 .m. to dark - o ert ark of the open container ordinance - weet Pea Triathlon Association - Sat- I 30, 1988 from 9:00 a.m. to 4:00 p.m. - Coo er Park; use of PA s stem Re uest for waiver of the 0 en container ordinance - Sweet ea 1988 - Au ust 5,6 and 7,1988, noon to 11:00 p.m. - Lindley Par City Manager Wysocki reminded the Commissioners that Mayor Stiff had requested these items be removed from the Consent Items. He then expressed concern about the provision for waiver of the open container ordinance in public parks, subject to specified criteria, noting that the City could incur additional unnecessary liability through this mechanism. He noted that he does not remember any applications for waiver of the open container ordinance that have not been approved. He then suggested it may be in the City's best interests to revise the ordi- 04-11-88 162 nance to allow an individual to drink alcoholic beverages in the parks, but to still prohibit carrying of open containers along public streets and rights-of-way. Commissioner Martel noted this mechanism allows the City to know when this type of func- tion is occurring in the City parks. The City Manager suggested that a park permit system could generate the same informa- tion. Commissioner Hawks indicated interest in considering a proposed revision to the ordi- I nance. Mayor Stiff expressed concern that to prohibit open containers totally could force in- dividuals outside the city limits to drink; and that could result in more alcohol-related tragedies. City Manager Wysocki stated that he feels any revision to the ordinance must contain guidelines for allowing consumption of alcoholic beverages in the park. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- mission approve the four requests for waiver of the open container ordinance, as submitted by the Sigma Chi Fraternity for May 11 and 14; by the Liver Eatin' Johnson Committee for May 6; by the Sweet Pea Triathlon Association for July 30; and by Sweet Pea 1988 for August 5, 6 and 7, 1988. The motion carried by the following Aye and No vote: those voting Aye being Com- missioner Martel, Commissioner Goehrung, Commissioner Hawks and Mayor Stiff; those voting No being Commissioner Vant Hull. The Commission referred possible revision of the ordinance back to the staff, indicating interest in having specific points addressed, including advantages and disadvantages of the ex- isting ordinance, how problems are to be handled, whether the type of containers can be limited, and liability to the City under the current and proposed ordinances. Consent Items City Manager Wysocki presented to the Commission the following Consent Items: Proclamation - "National Library Week" - Apri I 17-23, 1988 Appl ication for Gaming License - GranTree Inn, 1325 North 7th Avenue - one video draw poker machine - through June 30, 1988 (5th machine, 6th device) I Ap I ication for tem orar Beer and Wine License - Museum of the Rockies - Frida , April 15, 1988 at the Ellen heatre Bui Iding Inspection Division report for March 1988 It was moved by Commissioner Goehrung, seconded by Commissioner Hawks, that the Con- sent Items be approved as listed above, 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 Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commis- sioner Martel and Mayor Stiff; those voting No, none. Work session - City Commission's budget for upcoming fiscal year Mayor Stiff asked that action on this item be deferred at this time and that it be placed on next week's agenda for consideration. Adjournment - 4:50 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the meeting be ad- journed. The motion carried by the following Aye and No vote: those voting Aye being Com- missioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. ALFRED M. STIFF, Mayor I ATTEST: ROBIN L. SULLIVAN Clerk of the Commission 04-11-88