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HomeMy WebLinkAbout1987-09-08 3~:; MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA September 8, 1987 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, I Municipal Building, September 8,1987, at 2:00 p.m. Present were Mayor Pro Tempore Stiff, Commissioner Martel, Commissioner Vant Hull, City Manager Wysocki, City Attorney Becker and Clerk of the Commission Sullivan. Mayor Mathre and Commissioner Jordan were absent in compli- ance with Section 7-3-4322(2), M.C.A. The meeting was opened with the Pledge of Allegiance and a moment of silence. Mayor Pro Tempore Stiff asked if any of the Commissioners wished any of the Consent Items be removed for discussion. Commissioner Vant Hull requested that the application for the Beer and Wine License submitted by Bingo World be removed for discussion. Minutes It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the min- utes of the regular meeting of August 31, 1987 be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commission- er Martel and Mayor Pro Tempore Stiff; those voting No, none. Open bids - installation of a flexible membrane roofing system on City Hall and the Police Build- . ~ This was the time and place set for opening of bids for the installation of a flexible mem- brane roofing system on the City Hall and the Police Building. The affidavit of publication for the Call for Bids was presented. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the bids I be opened and read. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull and Mayor Pro Tempore Stiff; those voting No, none. The following bids were opened and read aloud: Quality Roofing and Sheet Metal, Inc. Mc Lees, I nc . License No. 4121 A License No. 6753A Cit't Hall (mechanically attached) $28,823.00 $22,112.00 SPE 10-yr. extended warranty - - 450.00 EPDM $21,925.00 $18,992.00 1 O-yr. extended warranty - - 450.00 Alternate (ballasted) $17,600.00 PVC - - $21,332.00 1 O-yr. extended warranty - - 450.00 Police Building CSPE Fully adhered - - $11,290.00 Mechanically attached $12,195.00 9,940.00 1 O-yr. extended warranty - - 450.00 EPDM Fully adhered $ 9,457.00 $ 9,940.00 Mechanically attached 10,625.00 8,740.00 1 O-yr. extended warranty - - 450.00 I Alternate (ballasted) $ 8,260.00 PVC Fully adhered - - $11,300.00 Mechanically attached - - 10,240.00 1 O-yr. extended warranty - - 450.00 It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the bids be referred to staff for review and a recommendation to be submitted at next week's meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel and Mayor Pro Tempore Stiff; those voting No, none. 09-08-87 388 Award bid - sale of bonds for Special Improvement District No. 652 - water, sewer and paving In Graf's Second SubdiVISion This was the time and place set for award of the bid for the sale of bonds for Special Improvement District No. 652. City Manager Wysocki presented to the Commission a memo from Administrative Services Director Miral Gamradt recommending that the bid be awarded to Grande and Company, Seattle, Washington, at the net interest cost of 8.0320 percent, it being the lowest and best bid re- I ceived. The City Manager concurred in that recommendation, and further recommended that the Commission make that award contingent upon their acceptance of Dorsey and Whitney as the bond counsel for this project. He noted that firm has been involved in this project to date; and he does not feel it would be appropriate to change bond counsel at this point in the process. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the bid for the sale of bonds for Special Improvement District No. 652 be awarded to Grande and Com- pany, Seattle, Washington at the net interest cost of 8.0320 percent, it being the lowest and best bid received, contingent upon their acceptance of Dorsey and Whitney as bond counsel. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull and Mayor Pro Tempore Stiff; those voting No, none. Award bid - construction of Special Improvement District No. 652 - water, sewer and paving in Grat's Second Subdivision This was the time and place set for award of the bid for the construction of Special Im- provement District No. 652, for construction of water, sewer and paving in Graf's Second Sub- division. City Manager Wysocki presented to the Commission a memo from City Engineer Forbes rec- ommending that the bid be awarded to Pioneer Ready Mix, Bozeman, Montana, in the bid amount of $297,888.00, it being the lowest and best bid received. He then concurred in that recommen- dation, suggesting that any discussion about the installation of sidewalks be held until after action on this item is taken. I It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the bid for construction of Special Improvement District No. 652 be awarded to Pioneer Ready Mix, Bozeman, Montana, in the bid amount of $297,888.00, it being the lowest and best bid received. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel and Mayor Pro Tempore Stiff; those voting No, none. Mayor Pro Tempore Stiff asked if there are adequate monies remaining from the bond sale to cover the costs of installing sidewalks along Lomas Drive and Knaab Drive within the project area. City Manager Wysocki stated that after the construction costs, administrative fees and costs, SID Revolvi ng Fund fees and contingency costs are subtracted from the bond amount, there are adequate monies remaining to cover the costs of installing sidewalks. He noted that Pioneer Ready Mix has bid $2.50 per square foot for the sidewalk which was included in the bid specifications. He indicated that after negotiations between the consulting engineer and Pioneer Ready Mix, they have agreed to install the additional sidewalk at a cost of $2.05 per square foot, which will total slightly under $32,000.00. The City Manager then reminded the Commis- sioners that the sidewalks along this portion of Lomas Drive and along Knaab Drive are to be installed against the back of the curb rather than having a 5t-foot boulevard between due to the slope of the lots within the subdivision. Commissioner Vant Hull stated support for the addition of sidewalks since the bid came in low enough to accommodate the work. She also encouraged the staff to consider compromise in the location of sidewalks in future projects, noting that sometimes a slight relocation of a side- I walk might save landscaping features and citing the University Square area as an example. The City Manager cautioned against such compromises, noting that in this instance the engineering factors override the City's policy. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Com- mission authorize and direct the staff to proceed with preparation of Change Order No.1, to add the installation of sidewalks along Lomas Drive and Knaab Drive as a part of the work to be completed in this Special Improvement District. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commissioner Vant Hull and Mayor Pro Tempore Stiff; those voting No, none. 09-08-87 " '. 7 3~. Request from Lone Mountain G{mnastics Center - issuance of a temporary Conditional Use Permit to allow a gymnastics center a 81 U North Wallace Avenue City Manager Wysocki submitted to the Commission a request from the Lone Mountain Gym- nastics Center seeking a temporary Conditional Use Permit to allow a gymnastics center to oper- ate at 810 North Wallace Avenue until they have an opportunity to go through the conditional use process. He noted that the subject site is the former Lehrkind Coca-Cola Bottling Company I building. Mr. Tim Swanson, representing the Board of Lone Mountain Gymnastics, stated that the gymnastics center relocated to the old Lytle's warehouse .structure on South Wallace Avenue on July 1, 1987; however, in August it was brought to their attention that the use was in violation of the zone code because they had not completed the conditional use process. He further noted that the landlord had not started any of the improvements which were to be made; therefore, on August 14, 1987 they voluntarily terminated the lease. Mr. Swanson stated that the Board has found the new location at 810 North Wallace Ave- nue and would like to open in that location on September 14, 1987. He noted there are few ex- isting buildings which will accommodate a gymnastics center because of the height required and the amount of clear span necessary for floor exercises. He indicated this structure seems to be a better facility in a better location for their operation. He stated that they wish to open the operation again as soon as possible because there is a gymnastics meet on October 10 for which they must train. City Manager Wysocki reminded the Commission that there is no such thing as a temporary Conditional Use Permit, and there is no provision in the Bozeman Municipal Code for the Com- mission to consider a request of this nature. He indicated that, based on that fact, he must recommend against consideration of the request. He then reminded the Commission that specific items are reviewed during the conditional use process, including life safety items such as exits and the condition of the existing electrical and plumbing services; and the staff should be given an opportunity to complete that review through the appropriate process. I Commissioner Martel noted that the gymnastics center is under severe time constraints; and they have indicated financial considerations as well in their written request. He then stated that each conditional use request is considered on its own; and he does not feel that approval of this request would establish any precedent. The Commissioner then asked if the State Statute or the Bozeman Municipal Code provides any discretionary judgment for the Commission. City Attorney Becker indicated that the State Statute does not address the issue; and the City Code does not provide any procedure for what the applicant has requested. City Manager Wysocki stated that it is not possible to impose conditions upon approval of this request at this time since the staff has not had an opportunity to review the structure for this use. He further noted there is no mechanism through which the Commission may waive a portion of an ordinance. The City'Manager then cautioned that if the applicants do begin oper- ation at the subject location while going through the Conditional Use Permit process, they should be aware that the City may approve such an appl ication with several conditions; and some of those conditions may require considerable cash outlay, such as possible revision of the electrical system, installation of an exit or paving of a parking area. Mrs. Emily Swanson, member of the Board for the Lone Mountain Gymnastics Center, stat- ed that the center has begun the application process for a Conditional Use Permit. She then stated that she spent time walking around the area and talking to neighbors about the proposed use of the existing site. She then submitted to the Commission statements of support signed by seven businessmen in the area. Mrs. Swanson noted one concern raised was the traffic and parking in the area. She in- I dicated a wi Ilingness to comply with the City Code, stating that they will do everything possible to meet those requirements. She noted that a parking area does exist at the subject site; and they will attempt to keep people from parking along North Wallace Avenue. Mrs. Swanson then stated it is important for the gymnastics center to open in this location as soon as possible for them to stay alive. She noted that if they must complete the conditional use process before opening, the first date possible before the City Commission is October 5; and they could not survive that long a closure. Commissioner Vant Hull asked how many are involved in the gymnastics center. 09-08-87 39~~ Mr. Kelly Crisp, coach, stated that sixty to eighty chi Idren are involved; however, not all of them are present at one time. He noted the majority of the people attend the center be- tween 4:00 p.m. and 8:30 p.m. Mr. Tim Swanson stated that the gymnastics center has a long record of safety, noting that all of the instructors are safety certified. Mr. Doug Harris, attorney representing the Lone Mountain Gymnastics Center, stated his children will be involved in that program. He stated that it was on his advice that the Board I voluntarily closed the operation on South Wallace Avenue; and it was on his advice that they submitted the request currently before the Commission. Mr. Harris indicated that if there is any way for the City to approve this request, the gymnastics center will sign an agreement to hold the City harmless and indemnify the City against any and all liability; and they will work with the City while going through the conditional use process. City Manager Wysocki indicated that the City Attorney must approve any legal documents prior to the City's entering into them. Mayor Pro Tempore Stiff stated it appears the Commission is being requested to approve an item for which no mechanism is available. Mr. Harris acknowledged that the request submitted by the gymnastics center is for an extraordinary decision, since the applicant is requesting permission to operate while its con- ditional use application is pending. He noted there is no procedural framework or specific authorization in the law for the Commission to take this action. He then stated that last week he met with the City Attorney and the City-County Planning Director about this item; and con- cern was expressed that this would set a precedent, with people trying to "end run" the condi- tional use process in the future. The Mayor Pro Tempore stated that during the conditional use process, one of the items considered is whether the property is suitable for public safety; and action on this request would be taken without addressing that important issue. He also questioned whether the Com- mission can legally take action on this request. The City Attorney reminded the Commission that the City's ordinances do not have a pro- I vision for such action. Commissioner Martel asked if any discretionary powers are granted to the Commission. City Attorney Becker stated that he is not sure any State Statutes apply to this situ- ation. Mr. Doug Harris stated that the Commission has the ability to make policy decisions for the City. He then noted that other non-conforming uses have opened without going through the proper processes. He indicated that if the gymnastics center opened without going through the process; the City Attorney would have to follow legal proceedings to close the facility, which would probably take a month or longer. City Manager Wysocki asked if the application for a Conditional Use Permit has been sub- mitted. He then cautioned the board members for the gymnastics center that the conditions im- posed on approval of such a request could include major expenditure items, such as rewiring, replumbing or installation of a new exit to ensure the safety of those using the facility. Commissioner Vant Hull stated support for developing a mechanism for temporary approval of requests of this nature, until permanent action is taken. Mayor Pro Tempore Stiff expressed concern about the request, indicating that he does not feel the Commission may approve it since no mechanism has been provided. Mr. Kelly Crisp, coach for the gymnastics center, stated that materials and labor have been donated for remodeling of the building on North Wallace. He indicated that they do not have any problem with doing any work necessary to bring the building up to code or to make it suitable for their activities. He stated it is important to open on September 14, noting that if I they don't open then, they won't open again. Mr. Crisp stated that the facility could have kept open without coming before the Com- mission, but they wished to go through the proper process. He then noted there are several existing businesses, including one of their competitors, which have opened without going through the proper procedures. Break - 3:05 to 3:10 p.m. Mayor Pro Tempore Stiff declared a break from 3:05 p.m. to 3:10 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. 09-08-87 389 Continued discussion - request from Lone Mountain Gymnastics Center - issuance of a temporary Conditional Use Permit to allow a gymnastics center at 810 North Wallace Avenue City Manager Wysocki stated that one of the major concerns to address is liability. He noted that the Lone Mountain Gymnastics Center has indicated a willingness to hold the City harmless if temporary approval is granted; however, that does not address the participants or thei r pa rents. He then suggested that the Commission could consider granting temporary author- I ity to operate at 810 North Wallace Avenue if (1) the Board enters into an agreement to indem- nify and hold the City harmless, and if the parents of participants enter into an agreement to indemnify the City, with both those documents being subject to approval of the City Attorney; (2) the Building I nspection Division staff has an opportunity to review the structure, paying particular attention to life safety items, with those items to be addressed prior to opening of the facility at that location; and (3) the Board for the Lone Mountain Gymnastics Center has submit- ted the application for the Conditional Use Permit so it can be considered at the September 22, 1987 meeting, agreeing to comply with whatever conditions may be imposed upon approval of that appl ication . The Mayor Pro Tempore noted that the safety and welfare of the students at the gymnas- tics center is extremely important; and those items should be addressed in the best manner pos- sible. He expressed concern about this process, noting that if the conditions set forth by the City Manager are met, it may avoid establishing a dangerous precedent. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Com- mission grant temporary approval for the Lone Mountain Gymnastics Center to relocate to 810 North Wallace Avenue, subject to (1) the Board entering into an agreement to indemnify and hold the City harmless, with the document subject to City Attorney approval; (2) the participants or parents of minor participants signing an agreement to indemnify and hold the City harmless, with the document subject to City Attorney approval; (3) the Building I nspection Division staff re- viewing the structure, paying particular attention to life safety items, with those items being addressed prior to opening of the facility; and (4) the Board for the gymnastics center must sub- I mit an application for the Conditional Use Permit prior to the deadline for the September 22, 1987 Zoning Commission meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Mart.el and Mayor Pro Tempore Stiff; those vot- ing No, none. Ordinance No. 1242 - establishing misdemeanor offense for shooting an arrow, bolt, quarrel or other mIssile or projectile from a bow or crossbow and providing a penalty therefor City Manager Wysocki presented Ordinance No. 1242, as pt"'epared by the City Attorney, entitled: ORDI NANCE NO. 1242 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING THE MISDEMEANOR OFFENSE OF SHOOTING AN ARROW, BOLT, QUARREL OR OTHER MISSI LE OR PROJECTI LE FROM A BOW OR CROSSBOW AND PROVIDING THE PENALTY THEREFOR. The City Manager stated that the City Attorney has prepared this Ordinance in response to concerns expressed by the Police Department. Commissioner Martel noted there are several other methods for projecting objects which could be dangerous or injurious to someone, such as sling shots, blow guns and other Ninja items on the market, and asked if they should be included in this Ordinance. The City Attorney stated that the Police Department receives complaints every year just before hunting season, when hunters are target practicing in their back yards. I City Manager Wysocki suggested that the Commission provisionally adopt the Ordinance at this time. He indicated that he will discuss this matter with the Chief of Police; and if other methods of hurling missiles or projectiles should be addressed in this Ordinance, they can be added prior to final adoption. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Com- mission provisionally adopt Ordinance No. 1242, establishing the misdemeanor offense of shooting a bow and arrow in city limits, 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 Martel, Commissioner Vant Hull and Mayor Pro Tempore Stiff; those voting. No, none. 09-08-87 400 Authorize Mayor Pro Tempore to siqn - letter to Dalton Burkhalter, 1429 South 5th Avenue, re barrIcades at alley access City Manager Wysocki submitted to the Commission a draft letter to Mr. Burkhalter direct- ing him to remove any and all obstructions placed in the Lincoln Street and alley rights-of-way adjacent to his property. The letter further begins the sixty-day revocation period for closure of that portion of Lincoln Street lying from South Fifth Avenue westward to the alley. The City Manger indicated that the second paragraph should be revised to include reference to Commission I Resolution No. 980, since that is the document which provided for closure and the revocation proc- ess. Commissioner Vant Hull stated that the Commissioners have received a letter from Mr. Burkhalter concerning this subject; however, reference is not made to the timetable set forth in that letter. She suggested that possibly the - draft letter should be revised to include that ref- erence. City Manager Wysocki stated that the staff did not receive a copy of that letter; however, it could be included if the staff were aware of its contents. Commissioner Vant Hull submitted her copy of the letter to the City Manager so that reference can be made to it in the City's let- ter. Commissioner Martel agreed that a letter should be sent to Mr. Burkhalter to ensure that the street remains open for public use. He noted that the alternative would be to use a turn- around located on Mr. Burkhalter's property; and he feels it is wrong to use private property in such a manner when public property is available. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the Commis- sion authorize and direct the Mayor Pro Tempore to send a letter to Mr. Dalton Burkhalter, 1429 South 5th Avenue, concerning the barricades which have been placed at the alley access. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Martel and Mayor Pro Tempore Stiff; those voting No, none. Application for Beer and Wine License - Bingo World, 237 East Main Street - throuqh December I 31, 1987; approve contingent upon receipt of State License City Manager Wysocki stated that Commissioner Vant Hull had requested this item be re- moved from the Consent Items for discussion. He reminded the Commissioners that the sale of beer and wine is a conditional use in the B-3 district; and the applicant has completed that process. He then recommended that the Commission approve this application, contingent upon receipt of the State License. He noted that the State has issued temporary authority; and a copy of that letter was distributed just prior to the meeting. Commissioner Vant Hull noted that the next to the last paragraph indicates that the appli- cant must comply with local ordinances controlling alcoholic beverages and suggested the Commis- sion may wish to adopt some controls on sale of alcoholic beverages. City Attorney Becker cautioned the Commissioners that local controls may not be more re- strictive than the State Statutes. He then indicated that the subject sentence indicates that local ordinances, such as the open container ordinance, must be observed. Mayor Pro Tempore Stiff noted that the character of the bingo parlor will be changed by allowing the sale of alcoholic beverages. He also expressed concern about having another bar in the subject block of Main Street. Commissioner Martel noted that this license is to be transferred from another establish- ment in the same block. The City Manager suggested the Commission may wish to adopt an ordinance which would prohibit drinks being taken from an establishment, and placing the responsibility on the bar man- agement rather than on the patron as the present open container ordinance does. He noted that I type of ordinance would be more easily enforceable. It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Commis- sion approve the application for Beer and Wine License submitted by Bingo World, 237 East Main Street, through December 31, 1987, contingent upon receipt of the State License. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Martel, Commis- sioner Vant Hull and Mayor Pro Tempore Mathre; those voting No, none. 09-08-87 401 Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Water use report for the week ended September 3, 1987. The City Manager noted this is the last one unless the Commissioners want additional ones; and they concurred that is not necessary. I (2) Mayor Pro Tempore Stiff asked if the Commission should consider lifting the water- ing restrictions; and the City Manager indicated that would be in order. It was moved by Commissioner Vant Hull, seconded by Commissioner Martel, that the water- ing restrictions be lifted, effective immediately. The motion carried by the following Aye and No v.ote: those voting Aye being Commissioner Vant Hull, Commissioner Martel and Mayor Pro Tempore Stiff; those voting No, none. (3) Agenda and packet for the City-County Planning Board meeting, to be held on Thursday, September 10, at 7:00 p.m. (4) The City Manager reminded the Commissioners of the Interagency Breakfast, which is Wednesday at 7:00 a.m. at the GranTree Inn. (5) Mayor Pro Tempore Stiff suggested that the rules of procedure be reviewed and possibly revised, then distributed to the new Commissioners as soon as possible. He also noted that applicable excerpts from the State Statutes could be beneficial. The Mayor Pro Tempore further suggested that the agenda and packet be distributed to each new Commissioner immedi- ately following the general election. City Manager Wysocki noted that packets are sent to the new Commissioners as soon as the election process has been completed to make the transition as smooth as possible. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Proclamation - "United Way Days" - September 12 through October 31, 1987 I Proclamation - "Constitution Week" - September 17-23, 1987 Application for Beer License - Crossroads Food Center, Inc., dba Community Food Co-op, 1011 West Colle e Street - throu h December 31, 1987; approve contin ent u on receipt 0 tate icense Building nspectlon IVISlon report or ugust 1 87 Claims It was moved by Commissioner Martel, seconded by Commissioner Vant Hull, that the Con- sent Items be approved as listed, and that 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 Martel, Commissioner Vant Hull and Mayor Pro Tempore Stiff; those voting No, none. Adjournment - 3:55 p.m. There being no further business to come before the Commission at this time, it was moved 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 and Mayor Pro Tempore Stiff; those voting No, none. ALFRED M. STIFF, Mayor Pro Tempore I ATTEST: Clerk of the Commission 09-08-87