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HomeMy WebLinkAbout1988-09-26 426 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA September 26, 1988 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, September 26, 1988, at 2:00 p.m. Present were Mayor Pro Tempore Hawks, Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung, City Manager Wysocki, I City Attorney Becker and Clerk of the Commission Sullivan. Mayor Stiff was absent. The meeting was opened with the Pledge of Allegiance and a moment of silence. Mayor Pro Tempore Hawks asked if any of the Commissioners wished any of the Consent Items removed for discussion. City Manager Wysocki requested that the lease agreement with the United Commercial Travelers be removed from the Consent I tems for discussion. Minutes It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the min- utes of the regular meeting of September 6, 1988 be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Pro Tempore Hawks; those voting No, none. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the min- utes of the regular meeting of September 12, 1988 be approved as submitted. The motion car- ried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commis- sioner Goehrung, Commissioner Vant Hull and Mayor Pro Tempore Hawks; those voting No, none. Ordinance No. 1266 - requiring adjacent or abutting property owners to repair sidewalks and foot pavement City Manager Wysocki presented Ordinance No. 1266, as prepared by the City Attorney, entitled: ORDINANCE NO. 1266 I AN ORDINANCE OF THE CITY COMMISSION OF BOZEMAN, MONTANA, REQUIRING ADJACENT OR ABUTTING LANDOWNERS TO REPAIR SIDEWALKS AND FOOT PA VEMENT. The City Manager indicated that this ordinance has been revised per the Commissioners' request. He briefly reviewed those changes, noting that curbs and gutters have been eliminat- ed, that the amount of time for repair has been changed to thirty days, and that temporary or permanent repairs, with the approval of the Director of Public Service, will be allowed. He then recommended that the Commission provisionally adopt the ordinance at this time. Commissioner Martel suggested that the language in the second paragraph be changed from "adjacent to or abutting" to "in front of," which would conform with the language of the State statutes. City Attorney Becker stated that the section of State statute followed for this ordinance, which is Section 7-14-4122, M. C. A., does not conta in that language. He then indicated that ac- cording to Black's Law Dictionary, "adjacent to" means "near but not touching" and "abutting" means "touching;" and he feels the existing language covers all situations which may exist within the city limits. Commissioner Goehrung stated that he called his insurance company this past week and found that if the Commission adopts this ordinance, his existing policy would cover that addi- tional liability. He then indicated he feels it is important for the City to protect itself in terms of liability as much as possible. Mayor Pro Tempore Hawks stated that he also called his insurance company and found I that he has an exclusionary clause for actions involving public property. In response to a question from the City Manager, he indicated that he did not ask how much that additional cover- age would cost. The Mayor Pro Tempore then stated he has reservations about whether the adjacent prop- erty owner should be responsible for liability on the sidewalks. He noted the City currently has a mechanism to require that the adjacent property owner maintain the sidewalk; but he does not support this proposed shift in liability, particularly since it involves the public right-of-way. 09-26-88 427 He stated the property owners bear the liability costs through their own insurance or the City's insurance; and he prefers that it be through the City's policy. Commissioner Martel concurred with Mayor Pro Tempore Hawks' comments. He noted there are areas in the community where there are no sidewalks; and those who do have sidewalks would incur an additional liability that not everyone shares. Commissioner Vant Hull reminded the Commissioners that this ordinance was placed before I the Commission at the insurance company's recommendation. She also indicated that she feels it is the City's responsibility to protect the general taxpayer whenever possible; and this ordinance would do that. Commissioner Martel stated he does not feel it is proper to shift the City's liability to the property owner. He indicated that if an economic benefit to the City, and thus the general tax- payer, could be proved, he might consider support of the proposed ordinance. Commissioner Goehrung indicated that he feels responsibility for repair and maintenance of the sidewalk and the liability incurred should be to the same party. He noted that if the prop- erty owner is responsible for maintenance and the City has the liability, there is no incentive to retain the sidewalk in good repair. Commissioner Hawks noted that the City does determine which sidewalks are to be replac- ed; and if the property owner does not do so within a specified time, the City does the work and bills the property owner for the costs involved. City Manager Wysocki noted the intent of this ordinance is to have the property owner maintain the sidewalk in good repair, not use his insurance coverage. Commissioner Vant Hull suggested that action on this ordinance be delayed until a full Commission is present. It was moved by Commissioner Vant Hull, seconded by Commissioner Goehrung, that the Commission provisionally adopt Ordinance No. 1266, requiring adjacent or abutting landowners to repair sidewalks and foot pavement, and that it be brought back in two weeks for final adoption. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Vant I Hull and Commissioner Goehrung; those voting No being Commissioner Martel and Mayor Pro Tem- pore Hawks. Mayor Pro Tempore Hawks stated this ordinance may be placed on a future agenda for further discussion if deemed appropriate. with United Commercial Travelers for City Manager Wysocki stated that Commissioner Vant Hull had requested this item be re- moved from the Consent Items for discussion. He then stated this lease agreement, the term of which begins on December 1, 1988, is for the renewal of a five-year lease of the City building located at 1102 East Curtiss Street. Commissioner Vant Hull indicated she feels the City should pursue the possibility of uti- lizing the facility for some recreational activities since the five-year lease is currently in the renewal process. She noted at the present time, the building is not utilized much during the daytime; and this multiple use could result in better use of the facility. She stated support for retaining the lease with the United Commercial Travelers but indicated she would prefer more City use of the structure. Commissioner Vant Hull then suggested that action on this item be deferred until the Rec- reation Advisory Board has been given an opportunity to review the lease and any use it may have for the faci lity. She noted that parameters should possibly be established for that review, including that the facility be used only for existing programs, with no new programs being per- I mitted. Commissioner Martel stated opposition to the proposal. He noted the experience has prov- en that the United Commercial Travelers are excellent tenants and have invested a substantial amount of time and money into making the facility a viable asset to the community. He stated that daily use of the facility will create problems, par,ticularly when two separate groups are in- volved and the lines of responsibility become dim. The Commissioner indicated the current sys- tem has worked well; and he sees no reason to change it. Commissioner Vant Hull concurred that the United Commercial Travelers have been good 09-26-88 428 tenants; however, she feels that expansion of the use should be pursued prior to signing of the new five-year lease agreement. Commissioner Martel stated the City staff and representatives from the United Commercial Travelers have negotiated the lease as it has been submitted. He indicated opposition to opening that process up again through a City advisory board. He then noted the City currently has an extensive recreation program; and there are already proposals for expansion next year. Commissioner Goehrung asked if there as any kind of clause in the current lease agree- I ment that indicates it will be renewed with the United Commercial Travelers. City Manager Wysocki indicated there is no clause of that nature in the existing agree- ment. He then stated no other group has shown interest in leasing that building on an on-going basis. He also noted that the United Commercial Travelers have put a substantial amount of money into the building. Mr. Harry Kinyon, Chairman of the Executive Committee for UCT, stated their group has been leasing the building for approximately twenty years. He indicated the building is not in- sulated and there are no storm windows, so the winter heat bills are very high if the building is utilized much. He then stated that the restrooms are located in the basement; and there is not much privacy. He indicated it is an unsuitable set-up for children. He noted there are no kit- chen facilities except for one sink and one stove. Mr. Kinyon then stated that under the pre- sent lease agreement, the UCT puts almost all of the money it receives from rent back into pay- ment of the lease and utilities as well as maintenance of the structure. Commissioner Vant Hull indicated that her only desire in raising the issue was to ensure that the Commission didn't simply rubber stamp renewal of the lease without considering possible options. Mr. Kinyon stated that the building is leased up to a year ahead; therefore, any pro- posed use should be scheduled as soon as possible. Commissioner Martel noted that if a group leases the building for an evening, they may need to get into the building early for setup and decorating. He also noted that the group may return the following morning to clean up; and daytime scheduling could conflict with that pro- I cess. Mr. Kinyon concurred, noting that a group has until noon the following day to clean the building. Commissioner Goehrung noted that since the agreement does not begin until December 1, he feels there is adequate time to address Commissioner Vant Hull's concerns. He then asked if the City has any plans for use of the property in that immediate area; the City Manager indicat- ed there are not. Mayor Pro Tempore asked Mr. Kinyon if rental of the building is on a break-even basis. Mr. Kinyon stated that it is. He noted that the UCT sometimes gains slightly in the cash flow; however, purchase of a new stove or re-roofing quickly depletes that reserve. He noted that basically it is a break-even operation. He stated that at the present time, the UCT uses the building for its own meetings and activities, as well as renting it to other groups. Mayor Pro Tempore asked if it would be possible to rent the building back for recre- ational purposes if it could be scheduled. City Manager Wysocki indicated that might be possible, as long as the program falls with- in the parameters established. Commissioner Vant Hull stated she does not support any activity which would cost the City more money. She indicated her only purpose in raising the issue was an effort to make the best use possible of that facility. The Mayor Pro Tempore asked if there would be any problem in delaying action on this agreement until the Recreation Advisory Board has had an opportunity to review the situation. I The City Manager stated that the Board met last week and will not meet for nearly a month. He noted the Recreation staff could possibly respond to the issue more quickly. Mr. Kinyon indicated that if any proposed changes are not acceptable to the United Com- mercial Travelers, they need time to find another facility prior to expiration of the current lease. It was moved by Commissioner Goehrung, seconded by Commissioner Vant Hull, that ac- tion on this item be tabled for a period of two weeks. The motion carried the following Aye and 09-26-88 429 No vote: those voting Aye being Commissioner Goehrung, Commissioner Vant Hull and Mayor Pro Tempore Hawks; those voting No being Commissioner Martel. Authorize City Manager to sign - Gift Agreement donating one steam fire engine and one Opera House stained glass window to the Museum of the Rockies City Manager Wysocki submitted to the Commission a letter from the Museum of the I Rockies, dated September 14, 1988, requesting permanent custodial care of the Opera House stained glass window and the steam fire engine. He then noted that just prior to the meeting, a memo from the Bozeman Firefighters' Association was submitted for consideration. The City Manager stated that in discussions last week, Mr. Mick Hager, Director of the Museum of the Rockies, expressed a desire to have the City donate the 1889 steam fire engine and the Opera House stained glass window to the Museum. He noted that the stained glass win- dow is in need of restoration, and the Museum has indicated a desire to display it as a part of next year's Centennial activities. He then stated that these items have been on loan to the Museum; and this request would be for donation of those loaned items. Mr. Mike Hoey, representing the Bozeman Firefighters' Association, stated that several of the off-duty firemen are present and in uniform. He then read the letter from the Association stating opposition to donating the 1889 Silsby Steamer Fire Apparatus to the Museum. He noted the firefighters are currently looking forward to entering the steam fire engine in the parade for the 100th Montana State Firemen's Convention to be held in Butte next year. He further stated the Bozeman Firefighters' Association is willing to accept responsibility for storage, maintenance and display of the Silsby if the Museum is not satisfied with the existing loan agreement. Mr. Hoey noted that in 1983, the firefighters went to the Museum and removed the steam fire engine, which is horse drawn, and entered it in the parade. He stated they took first place in their division with it. He noted that under the present arrangement, the firefighters are able to utilize the steam fire engine in various activities; and they are concerned that the proposed change in ownership would eliminate that possibility. He further expressed concern I that over time various items from the Fire Department have been donated to the Museum; and some of those items cannot be found now. He also expressed concern about losing any connec- tion with the past history of the department. Commissioner Vant Hull asked if the steam fire engine has been used on other occasions. Former Fire Chief Lee Lewis stated there have been occasions when the firefighters have used the 1889 Si Isby. He noted it is not often, averaging once every four or five years. Firefighter Mike Hoey stated that after its use as a fire engine, the Silsby was used for de-icing storm drains and was left in a state of disrepair. He stated that many years ago, the firefighters took the steam fire engine back to the Fire Department and slowly restored it to its original state. He indicated that was the condition in which the fire engine was loaned to the Museum; and they have not put any work into it. Mr. Hoey then stated the firefighters are concerned that if this item is donated to the Museum, it will be displayed in an area where it cannot be removed for any type of use. He noted at the present time, it is in a location where its removal will require the removal of other displays; but it can be done. Commissioner Martel noted that in 1889, the City had a volunteer fire department. He asked who acquired ownership of the fire engine when that group disbanded. Firefighter Hoey stated his father, former Fire Chief Herb Hoey, did some research on the history of the Fire Department. Mike then noted that at the present time he himself is doing research and preparing to write a history of the department. He then indicated that when the volunteer fire department disbanded in 1945, ownership of the equipment was transferred. He noted that several of the items from that volunteer department, including an antique clock and a I roll-top desk, are still in the Fire Department. Commissioner Martel noted that the fire engine will be viewed by more of the public if it continues to be displayed at the Museum. He then suggested that possibly the steam fire engine could be donated to the Museum with the stipulation that it be made available for occasional re- moval by the firefighters. Firefighter Mike Hoey stated that the firefighters wish to see the ownership remain as it is. He noted at the present time, the firefighters do have some control over the fire engine; and they do not wish to lose that control. 09-26-88 430 Commissioner Goehrung asked about the condition of the fire engine; Mike Hoey stated it is very good. City Manager Wysocki recommended that the Commission authorize him to sign the agree- ment to donate the Opera House stained glass window to the Museum. He indicated he would like an opportunity to discuss possibly continuing loan of the 1889 Silsby steam fire engine with Mr. Hager prior to any change in status on that item. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- I mission authorize the City Manager to sign the Gift Agreement donating the Opera House stained glass window to the Museum of the Rockies on behalf of the City of Bozeman, and that any ac- tion on the steam fire engine be delayed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Pro Tempore Hawks; those voting No, none. Discussion - possible revisions to annexation policy City Manager Wysocki noted that a memo from the City/County Planning Staff, dated September 23, 1988, was included in the packets. He then distributed to the Commission a copy of the proposed changes as they would appear in the resolution, briefly reviewing those changes. He noted that under "Policies, II No. 2 would be changed to reflect the implementation of an application fee, as previously discussed. He noted that another revision to that section would also allow the option to review a Master Plan Amendment application concurrently with the annexation request. The City Manager then indicated that under No.4, a sentence has been added to allow flexibility in the type of access allowed. He cited the Cardinal/ Kack annexation request, noting that access is from Griffin Drive, which is a County road. He noted that the additional sentence would allow for that type of access. He stated the final change is the addition of No. 12, which requires that a map accompany the application. He noted this is in response to a concern ex- pressed by Director of Public Service Forbes. Commissioner Vant Hull suggested that No. 4 be expanded to include cooperation with the I County through use of an RI D/S I D for road paving in an area which is to be annexed to the City. She cited Alder Court and Willow Way as an example, noting that under the City's current policy, that area would not be annexed because the roads are not paved. City Manager Wysocki indicated support for adding "cooperative efforts, such as a joint RID/SID, should be encouraged with the County" to No.4. Commissioner Martel suggested that No. 4 be revised to indicate that annexations will not be approved where an unimproved County road is the most common access but may be approved where an improved County road exists. Mayor Pro Tempore Hawks asked if the City could provide more flexibility in its street standards versus the County road standards. The City Manager stated that water and sewer services and paved streets are a part of urban living. He then cautioned against lowering the City's street standards. Commissioner Martel suggested that the City could require the installation of streets when an area requests City water and sewer services. He noted that financing could then be through the SID mechanism, the policy for which has already been established. Mayor Pro Tempore Hawks indicated he could support flexibility in the City's street stan- dards, so long as that flexibility was applied to private streets on a case-by-case basis. Commissioner Martel expressed concern about flexibility in street standards. He noted that once a street is installed in a make-shift manner, it is very difficult to upgrade. Commissioner Goehrung asked who would make the determination on whether the annex- ation request and Master Plan Amendment can be processed at the same time. I The City Manager stated the Planning staff would probably make that determination, based upon their review of the applications. Commissioner Martel suggested that in No. 12, the term "will" be changed to "shall" to provide uniformity in the policy. City Manager Wysocki indicated that the staff will incorporate the proposed changes, sub- mitting a new annexation policy to the Commission at next week's meeting for possible adoption. 09-26-88 431 Appointment to Board of Appeals City Manager Wysocki stated that included in the Commissioners' packets was a memo from the Clerk of the Commission listing the two individuals who had applied for this vacancy. He reminded the Commission of the criteria which must be met in the appointment process for this board. It was moved by Commissioner Martel, seconded by Commissioner Goehrung, that the Com- I mission appoint Pamela J. Bancroft to replace George McClure on the Board of Appeals, with a three-year term to expire on December 31, 1991. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Goehrung, Commissioner Vant Hull and Mayor Pro Tempore Hawks; those voting No, none. Discussion - FY I Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) The City Manager announced that an Audit Committee meeting will be held at 10: 30 a.m. on Wednesday, September 28. He indicated this will allow the auditors to address any con- cerns to the committee during their fieldwork. (2) The water use report for the week ending September 21, 1988. The City Manager noted this will be the final report for the year. He noted that the City has not used any water from the Hyalite Reservoir since September 15. He then stated that the City is now utilizing its stream rights from Middle Creek, in the amount of 127 miners' inches, and from Bozeman Creek, in the amount of 250 miners' inches. He noted the winter stream rights produce approximately 6 million gallons for the City's use; and that should be adequate during the winter months. (3) A memo from City Attorney Becker giving a legal opinion on the issue of installing sidewalks on one side of the street only. He noted that an Attorney General's opinion could be requested; however, he is not certain it would result in the desired answer. I (4 ) The agenda and packet for the Zoning Commission meeting to be held on Tuesday, September 27. Commissioner Vant Hull indicated a desire to see the proposed site for I LX Lightwave prior to the Commission's public hearing and asked if any of the other Commissioners would like to see the facility also. Following discussion, Mayor Pro Tempore Hawks asked Commissioner Vant Hull to contact I LX Lightwave and set up a time. He noted that those who can meet at that time can then review the facility. Mayor Pro Tempore Hawks noted that the City's Police Department application involves a site which is accessed by a County dirt road. He then suggested the Commission may wish to include a condition for approval which addresses maintenance or improvement of the roadway, since such a condition is usually included on other similar applications. He cautioned that the City should not be treated differently from any other applicant. City Manager Wysocki reminded the Commission that the proposed site will receive very limited use, which will result in less impact than other developments would create. (5) The City Manager indicated that the air quality monitoring equipment has been utilized the past couple weeks, due to the smoke from fires hanging in the valley. He indicated the readings have averaged from 36 to 50; noting that consistent readings over 100 raise con- cern, and health problems can be incurred with readings over 150. He noted the highest read- ings, which ranged in the 70's and 80's, occurred just prior to the snow a week ago. The City Manager stated that the readings will now be suspended until November 1, when they usually begin. I (6) Commissioner Vant Hull distributed to the Commissioners copies of two newspaper articles concerning recycling, one from the Billings Gazette and one from the Nation's Cities Weekly. She suggested this topic should be considered during review of the Capital Improve- ment Program budget and discussions on incineration. She further noted there is pending fed- eral legislation which would require recycling by 1998. (7) Commissioner Vant Hull asked if the Commissioners wish to discuss the Montana League of Cities and Towns conference, as had been indicated. The Commissioners concurred that they would prefer to defer this item until Mayor Stiff is present. 09-26-88 432 Commissioner Vant Hull then stated that during the Legislative Committee meeting, it was determined that Bozeman is the only community in the state which has a problem with wholly surrounded land used for agricultural purposes, which it cannot annex. She indicated the League is willing to support the legislation; however, they suggested that it be introduced by a Bozeman legislator. She suggested that the Commissioners may wish to contact the current legislators and those running for the offices prior to the November 8 election, trying to get com- mitments on this issue. Following discussion, Mayor Pro Tempore suggested that Commissioner Vant Hull contact I each Commissioner individually to determine who will contact whom during the upcoming weeks. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Request for permission to conduct 1988 Homecoming Parade - Bozeman Senior High School - Friday, September 30, 2: 00 p. m. - Main Street from high school to Lindley Park Application for Gaming License - 4B's Black Angus, 520 West Mendenhall - two video draw poker machines and one electronic keno machine - through June 30, 1989 Proclamation - "Fire Prevention Week" - October 9-15, 1988 Authorize absence of Mayor Stiff from the meetings of September 26 and October 3, 1988 in compliance with Section 7-3-4322(2), M.C.A. Authorize implementation of a $10 SI D calculation charge Authorize Mayor to sign - Amendment to EPA Grant for WWTP infiltration/ percolation beds - increase grant amount by $554,800 It was moved by Commissioner Goehrung, seconded by Commissioner Vant Hull, that the Commission approve the Consent Items as listed above, 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, Commissioner Vant Hull, Commissioner Martel and Mayor Pro Tempore Hawks; those voting No, none. Adjournment - 3:40 p.m. There being no further business to come before the Commission at this time, it was moved I by Commissioner Vant Hull, seconded by Commissioner Martel, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel, Commissioner Goehrung and Mayor Pro Tempore Hawks; those voting No, none. ROBERT L. HAWKS, Mayor Pro Tempore ATTEST: ROBIN L. SULLIVAN Clerk of the Commission I 09-26-88