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HomeMy WebLinkAbout1988-05-23 218 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA Ma y 23, 1 988 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, May 23, 1988, at 2:00 p.m. Present were Mayor Stiff, Commissioner Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, City Manager Wysocki, I City Attorney Becker and Acting Clerk of the Commission Lathrop. The meeting was opened with the Pledge of Allegiance and a moment of silence. Mayor Stiff asked if any of the Commissioners wished any of the Consent Items removed for discussion. Commissioner Hawks requested the listing of portable signs for the period January through May, 1988, be removed for discussion. City Manager Wysocki designated that item as lOA. on the agenda. Minutes It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull, that the min- utes of the regular meeting of May 16, 1988 be approved as amended. 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. Public hearin - Zone Map Chan e - A-s to B-2, M-1, R-3, R-4 and R-O - Jerr Perkins - Tracts 2 and 3, cas No. 1215 (65.2572-acre parcel south of Baxter Lane, north of West a k Street ex- tended and west of North 11th Avenue extended) City Manager Wysocki presented the Zone Map Change on behalf of the applicant, Jerry Perkins, and requested the Commission delay their decision to allow staff time to investigate all aspects of the application based on the direction provided by the Commission during last week's meeting. In response to several queries, City Manager Wysocki indicated additional public hearings may be necessary and will be addressed after review of various solutions, and those I interested pa rties involved wi II be notified. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel to delay action on this item for one week to allow staff time to work up and present their recommendations to the Commission. 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 - Zone Code Amendment - City Commission - amend Section 18.62.180 of the Bozeman Municipal Code to waive the paved parking requirements under certain circumstances in the A-s and R-s Districts City Manager Wysocki reminded the Commission of their decision last week directing the staff to develop recommendations. Planner Ron Brey presented staff's recommendations that the applicant enter into an im- provements agreement with the City agreeing that the lot shall be paved within nine (9) months of the time an adjacent roadway is paved. Mr Brey, responding to Commissioner Martel's ques- tions, indicated the nine-month time frame was chosen as a clear, non-arbitrary figure allowing the applicant sufficient time to complete the required paving; and, the recommended security agreement alternative to allow the applicant to delay completion of paving and landscaping. It was moved by Commissioner Martel, seconded by Commissioner Goehrung to approve the Zone Code Amendment as requested by staff to amend Section 18.62.180 of the Bozeman Municipal Code to waive the paved parking requirements under certain circumstances in the A-S and R-S I Districts adding the recommended language to subsection c). The motion carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Com- missioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Continued discussion - request for permission to block off East Curtiss Street from South Black Avenue west to alley - June 13-17,1988,10:30 to 11:30 a.m. - First Lutheran Church The City Manager reminded the Commission of their direction to the applicant during last 05-23-88 219 week's meeting to submit neighborhood responses to their request and a schematic plan indicating their request for closure of a portion of Curtiss Street. A copy of their amended plan has been included in the packets along with a memo from Police Chief Tate indicating that department's recommendation not to approve the appl icant's request. In the applicant's absence, Commissioner Martel indicated he would abstain from voting and would respond to the concerns voiced by the Commission: that the applicant had contacted I the Street Department who agreed to provide the necessary cones and signs, the cost of which has not been determined; and, that he feels the Commission is singling out the church for re- quired liability coverage in that the City does not require liability insurance from applicant's of open container waivers. City Attorney Bruce Becker informed the Commission that the City cannot waive liability from suit by a hold-harmless agreement, that if there is an accident, the City would probably be sued; and, that the church should check their liability insurance as it pertains to this particular situation. It was moved by Commissioner Goehrung, seconded by Commissioner Hawks to approve this one-time-only request by First Lutheran Church to block off East Curtiss Street between Black Street and the alley to the west during the hours of 10:30 a.m. and 11:30 a.m. the week of June 13 thru 17, 1988, contingent upon the church providing adequate liability insurance cov- ering the City. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, and Mayor Stiff; those voting No, none; Commissioner Martel abstained. Continued discussion - request for on-street parking around the Boulevard Apartments City Manager Wysocki referred to staff's memoranda regarding Sweeping District #8 in which the subject property is located. The City Manager stated he felt it presumptuous of the City to consider the subject of adequate parking for this facility without the owner being in- volved in the process. Concerns for handicap parking were voiced by Commissioner Vant Hull, I that perhaps those residents most in need of close parking should be given priority for parking spaces at the building. The consensus of the Commission was not to lose Sweeping District #8; that it would be impractical to sweep available spaces only and the contract did not allow for change in fee structure nor sweeping configuration of the District. In response to Commissioner Hawks's concerns, City Attorney Bruce Becker informed the Commission that since the building's use is grandfathered, and when the renovation took place in 1985-86, no additional units were added therefore no review for that use was required; and, further, that the City should not designate public street parking for private parking use--it is the owner's obi igation to provide adequate parking for his bui Iding. City Manager Wysocki informed the Commission that several building and fire code infrac- tions were discovered during a routine fire inspection; that the old swimming pool was being used as a storage area for combustible material. The Commission directed staff to prepare a letter, for Mayor Stiff's signature, requesting the property owner to appear before them to discuss the matter of inadequate parking at the Boulevard Apartments. Discussion - alternatives for maintenance of Engine No. 1 for the Fire Division City Manager Wysocki presented three options recommended by the Fire Department staff with the first option being that department's recommendation. The Manager then indicated that Allen Shearman, Fire Chief, was present. I n response to Commissioner's Hawks query of past Commission action approving the en- I gine replacement on this unit, Chief Shearman responded that following an in-depth inspection of the unit by an expert, it was discovered that additional necessary repair to the manifold was dictated; and, consequently, the City Manager requested the delay in the purchase of the motor only. Commissioner Martel noted that Option 2 appeared to be the best overall in that it in- cluded a water pump. Commissioner Vant Hull countered that the unit's frame was too I ight and the sooner it is replaced, the better. Commissioner Goehrung noted that another replacement purchase for another unit is scheduled in seven years. Fire Chief Shearman indicated a I ife ex- pectancy of 15-18 years on a fire truck. Mayor Stiff commented that if a truck replacement mill 05-23-88 220 levy were placed on this November's ballot, it would not be levied until after the following fiscal year. Commissioner Hawks commented that perhaps the current political climate would be fortui- tous to a mill levy on the ballot this coming November. It was moved by Commissioner Hawks, seconded by Commissioner Vant Hull to approve Option #1 to purchase a 3208T Engine, and rebui Id the pump, valves, plumbing, gauges, frame repair and re-arch Springs for a total of $22,749.00, and to place on the up-coming November primary ballot for voter approval a mill levy for the purchase of a new pumper truck. The mo- I tion carried by the following Aye and No vote: those voting Aye being Commissioner Hawks, Com- missioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. Ordinance No. 1258 - Amending Section 18.66.010 of the Bozeman Municipal Code allowing for an increase in the number of members on the Board of Adjustment City Manager Wysocki presented Ordinance No. 1258, as approved by the City Attorney, entitled: ORDINANCE NO. 1258 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING SECTION 18.66.010 OF THE BOZEMAN MUNICIPAL CODE ALLOWING FOR AN INCREASE IN THE NUMBER OF MEMBERS ON THE BOARD OF ADJUSTMENT. Responding to Commissioner Vant Hull's question, the City Attorney informed the Commis- sion that appointments may not become effective until thirty days following final adoption of the ordinance. Commissioner Goehrung voiced concerns that our Board of Adjustments would prefer the membership stay at six (6) to ensure vote efficacy. B rea k - 3: 24 to 3: 30 p. m . Mayor Stiff declared a break from 3:24 p.m. to 3:30 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. I 1258 - Amendin Section 18.66.010 of the Bozeman Munici- e number of mem ers on the Board of djustment It was moved by Commissioner Vant Hull, seconded by Commissioner Goehrung to provis- ionally adopt Ordinance No. 1258 as amended to increase membership to six on the Board of Ad- justment 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 Goehrung, Commissioner Hawks, and Mayor Stiff; those voting No being Commissioner Martel. Discussion - 1988 Sidewalk Program City Manager Wysocki referred to the Commission's request of last August on a 1988 Side- walk Program and to City Engineer Phill Forbes' memo indicating suggested priorities of North 20th, North 21st, North 22nd areas and South Black area. Director of Public Services Dick Holmes reported that south of Koch was to have been given three years to place their sidewalks; those left over would go to contract next year. Included in the memo from City Engineer Forbes are the guidelines followed by the City in es- tablishing a sidewalk district which includes proper notification of affected residents. In responding to Commissioner Hawks questions of prioritizing, Director of Public Services Holmes stated that South Black was chosen based on that area's residents' requests. The North 21st and North 22nd area was chosen because of its close proximity to Kirk Park; in the past, the "squeekie wheel" concept was used. The Commissioners requested a means of flexibility of de- I sign be provided to some residents. Additional expenses for additional City-approved engineer- ing services may be necessary. Mayor Stiff reminded the Commission that the health, safety and welfare of the community as a whole should be considered when discussing exemptions to sidewalks; and, that bonds are normally 5-7 years, not to exceed 12 years, statutorily. Commissioner Vant Hull suggested staff investigate the existence of utility boxes in the City's sidewalk right-of-way around University Subdivision. The Mayor then invited the public to voice their opinions at the podium. Those speaking 05-23-88 221 against the proposed sidewalk installation of their area were: Mr. Alan Roush, 1615 Woodbrook Townhouses, #72; Mr. Alan Bristol, 1624 S. Black; Ms. Mariane Thompson, 128 Hoffman Dr. Those speaking in favor of sidewalk construction were: Mr. Royal Rice, 1207 S. Rouse; I Susan and John Platte, 1411 S. Rouse (by phone prior to meeting). City Manager Wysocki then queried the Commission as to their decision on the exemption request from Cedarwinds Homeowner's Association. There was no response. It was moved by Commissioner Martel, seconded by Commissioner Goehrung directing staff to proceed with the resolution of intent on the 1988 Sidewalk Program installation as recommended by staff and to investigate flexibility in the design thereof. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commis- sioner Hawks, Commissioner Vant Hull and Mayor Stiff; those voting No, none. Discussion - FYI Items City Manager Wysocki presented to the Commission the following IIFor Your I nformationll items. (1 ) Mr. Phil Schneider, Owner/Operator of Overland Express, I nc., memo re number of gambling machines permitted. (2 ) Letter, dated May 16, 1988, from Gordon Larson, re North 19th Interchange. (3 ) Bozeman Zoning Commission Agenda for May 24, 1988 meeting. (4) Memo from Commissioner Goehrung re consideration of a Chemical Spraying Ordin- ance. Commissioner Goehrung requested the Commissioners to forward relevant information they may find on the subject to City Attorney Becker. (5) Agenda for Bozeman Area Chamber of Commerce, Governmental Affairs meeting, Thursday, May 26, 1988. I (6) The City Manager reminded the Commission that next week's meeting will be held on Tuesday, May 31, 1988, due to Monday being a legal holiday. (7) City Manager Wysocki reported on the City's Health Insurance Premium escalating 10t% this year; and, that perhaps the City should be looking at other carriers' programs. (8) In response to Commissioner Goehrung's question, Mayor Stiff informed the Com- mission on the status of the Commission's Goals for 1988; the last enterprise report will be followed by schedule of Goals as prioritized. Commissioner Vant Hull stated her concerns on handicap parking could then be addressed. Mayor Stiff mentioned Rules of Procedure must be addressed. Consent Items City Manager Wysocki presented to the Commission the following Consent Items: Authorize City Manager to sign - Engineering Contract for SID No. 653 - Sanderson/Stewart/Gaston Engineering, Inc. Request for permission to install second curb cut on Lot 4, Block 4, Westridge Subdivision - David Wessell for Paul Weingart Acknowledge receipt of listing of portable signs for the period January through May 1988 Authorize absence of Commissioner Hawks from meeting of June 20, 1988 in compliance with Section 7-3-4322(2), M.C.A. 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 I voting Aye being Commissioner Goehrung, Commissioner Hawks, Commissioner Vant Hull, Commis- sioner Martel and Mayor Stiff; those voting No, none. Adjournment - 5:35 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 adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner 05-23-88 222 Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Stiff; those voting No, none. ALFRED M. STIFF, Mayor ATTEST: I MARY CAIN LATHROP Acting Clerk of the Commission I I 05-23-88