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HomeMy WebLinkAbout1984-06-11 207 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA June 11,1984 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, June 11,1984, at 4:00 p.m. Present were Mayor Weaver, Commissioner I Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, City Manager Wysocki, Assistant City Manager Barrick, City Attorney Crumbaker-Smith and Acting Clerk of the Commission Norman. The meeting was opened with the Pledge of Allegiance and a moment of silence. The minutes of the regular meetings of May 29, and June 4, 1984 were approved as amended. Action on the minutes of the regular meeting of December 5, 1983 was deferred until a later date. Mayor Weaver asked if any of the Commissioners wished to remove any of the Consent Items for discussion. Commissioner Vant Hull requested that the Budget Amendment to transfer $585.00 from the General Fund - Police Division - Other to the General Fund - Police Division - Capital be removed for discussion. of roperties This was the time and place set for the decision on the Conditional Use Permit requested by Don Moorhead to allow construction of a structure for biological and integrated pest control and consulting sales and research in the application of biological and chemical pesticides on Tract 5A, Industrial Properties. This site is more commonly known as 1612 Gold Avenue. City Manager Wysocki stated the public hearing on this Conditional Use Permit had been conducted last week and recommended that it now be approved. I It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Commission approve the Conditional Use Permit requested by Don Moorhead to allow construction of a structure for biological and integrated pest control and consulting sales and research in the application of biological and chemical pesticides on Tract 5A of Industrial Properties, subject to the following conditions: 1. That a scaled drawing of the proposed sign be shown on the final site plan. 2. That a detailed drawing of the garbage enclosure be shown on the final site plan. 3. That the applicant meet all Federal and EPA requirements and that a letter be submitted to the Planning Office from the above agencies stating that the requirements are being met. 4. That the developer enter into an improvements agreement with the City of Bozeman. If occupancy is to occur prior to the installation of all scheduled improvements, the developer shall provide a method of security equal to one and one-half (11-) times the estimated cost of the remaining improvements. Said agreement shall include detailed plans and specifications of all improvements, cost estimates and final site plans. 5. That three (3) copies of the final site plan containing all the con- ditions, corrections and modifications approved by the City Commission be submitted for review and approved by the Planning Director within six (6) months of the date of the City Commission approval and prior to issuance of the building permit for the project. One (1) signed copy I shall be retained by the Building Division; one (1) signed copy shall be retained by the Planning Director; and one (1) signed copy shall be retained by the applicant. 6. All on-site improvements (i. e., paving, landscaping, etc.) shall be completed within eighteen (18) months of the approval of the conditional use permit as shown on the approved final site plan. 7. The conditional use permit shall be valid for a period of only eighteen (18) months following approval of the use. Prior to the permanent renewal of the permit at the end of that period, the applicant must satisfy all the conditions in the granting of the permit. An on-site inspection will be made, and a report will be made to the City 06-11-84 208 Commission for their action. If all required conditions have been sat- isfied, the permit will be permanently renewed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. T2S, I This was the time and place set for the decision on the Zone Map Change requested by Maurice J. Klabunde to change the present zoning of 8-2- T to B-2 on the Southwest One-Quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian. This site is more commonly known as being located at the corner of West Koch Street and South 23rd Avenue. City Manager Wysocki stated that the public hearing on this Zone Map Change had been conducted last week. He recommended that the Commission now approve this Zone Map Change based on the Zoning Commission's recommendation. Commissioner Vant Hull stated she had talked to residents of the adjacent mobile home park and had determined that there are a number of young families residing in the park. She stated she feels this mobile home park should not be treated any differently than any other residential area when considering the removal of the "T" designation, even though the park is a nonconforming use. She urged the Commissioners to retain the "T" designation on the referenced property. It was moved by Commissioner Vant Hull that the "T" designation remain on the property located on the corner of West Koch Street and South 23rd Avenue. The motion failed for the lack of a second. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that the Commis- sion approve the Zone Map Change requested by Maurice J. Klabunde to change the present zoning of B-2- T to B-2 for that portion of the Southwest One-Quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian, commonly known as being located at the corner of I West Koch Street and South 23rd Avenue. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No being Commissioner Vant Hull. J. Klabunde - B-2- T to B-2 - SE! of Section 11, T2S, This was the time and place set for the decision on the Zone Map Change requested by Maurice J. Klabunde to change the present zoning of B-2- T to B-2 on the Southeast One-Quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian. This site is more commonly known as being located at 2020 West Babcock Street. City Manager Wysocki noted that the public hearing on this Zone Map Change had been conducted last week. He recommended that the Commission disapprove this requested Zone Map Change requested for 2020 West Babcock Street, based on the Zoning Commission's recommendation. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commis- sion deny the Zone Map Change requested by Maurice J. Klabunde to change the present zoning of B-2- T to B-2 for that portion of the Southeast One-Quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian, commonly known as 2020 West Babcock Street, based on the findings of the staff and the testimony taken at the public hearing. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. I Arts Advisory Committee report City Manager Wysocki indicated this item had been placed on the agenda at the request of Arts Advisory Committee Chairperson Cree Hanna. Arts Advisory Committee Chairperson Cree Hanna addressed the Commission. She stated the matter of the proposed mural on the Eagles Building had been taken under advisement by the Arts Advisory Committee after receiving several letters of complaint and concern from 06-11-84 2U9 residents of Bozeman. Ms. Hanna stated the primary concern is the visual impact on the com- munity. She stated the Committee felt it was their responsibility to submit the following recommendations to the City Commission: (1) that the Commission refer any such future projects to the Arts Advisory Committee for their consideration; (2) that the Commission require the promoters of the mural to hold a public meeting within the next two week to discuss with the public their concerns, and require that the promoters of the mural report back to the Commis- I sion with the input received from the public meeting; and (3) that the Commission request a contract to be on file ensuring fiscal and financial accountability to complete and maintain the project, in addition to insurance which would release the City from any liability. Commissioner Vant Hull stated she was surprised that the Arts Committee had taken up the matter of the mural. She stated the project has little to do with City government. Ms. Hanna stated the City Commission had recommended and acknowledged the project. She stated the City would be liable for suit if someone gets hurt on the scaffolding. She stated although the wall belongs to the Eagles, the visual impact will be felt by the citizens of the City. She pointed out that the scaffolding is located on park ground, which is City property. Mayor Weaver stated the Centennial Committee had asked the Commission for its endorse- ment of the project. He stated the Commission had denied the request for funds regarding this project. He stated the Commission endorsed the project with no strings attached. Commissioner Anderson noted that when the Commission endorsed this project, it made no commitments. She indicated that the mural has been a Bozeman community project from day one. She noted that the Bozeman Chronicle has given this project very good coverage. She expressed reservations as to how the public could have ignored this project until this time. She pointed out that the promoters of the mural have periodically reported to the Commission. She stated she shares the concern expressed by the citizens, but feels that the project is not an issue for the Commission. but should be dealt with between the artists and the community. Commissioner Mathre stated she also appreciates the concerns expressed by the community I and suggested that they be resolved between the artists of the mural and the community. Mike Hoey. one of the promoters of the mural, addressed the Commission. He stated an insurance policy in the approximate amount of $300,000.00 has been obtained through local insurance agents covering any incidents which may occur as a result of the mural painting. He noted there is a "hold harmless" clause, regarding the City and the Eagles. covering anyone working on the mural. He stated he would provide the City with a copy. Mr. Hoey indicated he and Niki Glen are working on setting up a maintenance fund and hope to have that accomplished soon. He stated they plan on selling post cards and posters depicting the mural, which proceeds would go into a fund for maintenance of the mural. He stated they have been working on this fund with Ray Campeau through the Bozeman High School. He indicated the projected completion date for the mural is three to four months. He stated the wall has been primed and the mural is ready to be sketched on it. He presented the Commission with a revised budget for the mural project. He noted if the project fails to raise adequate funds to cover their salaries, they are prepared to finish the mural without compensation. He indicated the supplies for the mural have been purchased. Mr. Hoey informed the Commission that he and Niki have tried to be open and responsive to the public regarding their concerns. He stated they have met with. hundreds of people and conferred with a number of artists, in addition to referring to numerous history books, in designing the mural. He stated the input from a public meeting at this time would probably be redundant and difficult to incorporate into the mural at this late hour. Mayor Weaver noted that this mural was first discussed approximately two years ago. He I stated since that time, the artists have reported to the Commission periodically with updates of the mural. He pointed out that at no time when this item appeared on the agenda, was there any public testimony other than by the artists themselves. Commissioner Vant Hull noted that when visiting Fairbanks, Alaska, approximately two years ago, that Fairbanks has a number of murals painted on buildings and the citizens appear to be quite proud of them. She stated the murals in Fairbanks were painted approximately five years ago, and have not yet required any maintenance. She indicated that perhaps this proposed mural might break the ground for other owners of buildings in the City to commission a mural. 06-11-84 21U Mr. Hoey stated he feels the proposed mural might break ground for other public art. Cree Hanna questioned whether the wall on which the proposed mural is to be painted was at one time an inside wall and would require more maintenance that an outside one. Mike Hoey replied that was a misunderstanding. He indicated that the bricks on the wall of the proposed mural did have a tendency to crumble, which was caused by water dripping from the roof of the Eagles building. He noted that the roof of the Eagles building has been replaced, which resolved this problem. I Commissioner Jordan indicated that a public hearing should probably be held, but that decision should strictly be between the artists and the community. Commissioner Mathre expressed her appreciation for the artists' openness to suggestions. She stated she hopes the artists continue to listen, even if no public hearing is held, and be avai lable for suggestions. It was moved by Commissioner Mathre. seconded by Commissioner Anderson, that the Commission acknowledge the Arts Advisory Committee report on this project. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Anderson, Commissioner Vant Hull, Commissioner Jordan and Mayor Weaver; those voting No, none. Continued discussion - possible appointment of Handicapped Access Committee City Manager Wysocki presented to the Commission a memorandum in response to the problems and suggestions made by the informal handicapped access committee. The memorandum noted that the trash receptacle in front of Miller's Jewelry had been removed for repair and will be relocated so as to not interfere with the opening of van doors. The memorandum noted that it had been the Commission's determination at a previous meeting that the handicap access committee will remain an ad hoc committee for the present time. The City Manager recommended that the fines for violation of the handicapped parking remain the same, although with additional "special enforcement" procedures. He noted that any fines revenues for parking violations are entered as a General Fund Revenue and recommended that this process remain the same. I Mayor Weaver stated there appears to be no action required by the Commission at this time except for the question of accepting the City Manager's recommendations of fines and the use of the fi nes. Mayor Weaver indicated he will report the City Manager's recommendations to Shirley Sedivy. Commissioner Vant Hull asked if a report could be made to the Commission in six months as to whether the indicated problems have been alleviated. The City Manager indicated that such a report will be given to the Commission. Mr. Billy Odneal, representing Shirley Sedivy, addressed the Commission. He noted at the time his group originally came before the Commission, it had recommended to the Commission that the violation fine for handicapped parking be $50.00, to correspond with the fines existing in other cities in the state. He noted that the handicapped parking spaces are excessively abused. He noted the State recently passed legislation which makes it the City's responsibility to enforce handicapped parking in private parking lots. . Mayor Weaver quoted to Mr. Odneal from the City Manager's recommendation regarding the special enforcement procedures. He pointed out to Mr. Odneal that the Commission desires to see the results of the special enforcement before taking any additional action. Mayor Weaver assured Mr. Odneal that the aspect of patrolling the private parking lots has been noted by the City Manager and wi II be properly enforced. Commissioner Vant Hull stated that the City does not have a large number of police patrolling. She stated that perhaps when a citizen notes a vehicle violating the handicapped parking, that citizen could notify the police regarding the violation. I Mr. Odneal noted that at present, his group has a notice which is placed on any vehicle violating a handicapped parking space. He noted that if the police were called, most of the time the vehicle would probably be gone before the patrolman could arrive. Mayor Weaver assured Mr. Odneal that the aspect of patrolling the private parking lots would be noted and properly handled. It was moved by Commissioner Anderson, seconded by Commissioner Jordan, that Shirley Sedivy be informed of the Commission's desire to hear back in six months from the ad hoc 06-11-84 211 committee regarding their concern about handicapped access. The motion carried by the follow- ing Aye and No vote: those voting Aye being Commissioner Anderson, Commissioner Jordan, Commissioner Mathre, Commissioner Vant Hull and Mayor Weaver; those voting No, none. Break - 5:05 to 5:15 p.m. Mayor Weaver declared a break at 5:05 p.m., to reconvene at 5:15 p.m., in accordance I with Commission policy established at their regular meeting of March 14, 1983. Discussion - legislative suggestions for Urban Coalition City Manager Wysocki stated this item had been placed on the agenda at the request of Commissioner Mathre. Commissioner Mathre stated she had requested this item be placed on the agenda due to the Urban Coalition asking its members for legislative suggestions. She stated any specific suggestions should be submitted as soon as possible. Commissioner Anderson stated she would like to see legislation introduced addressing the disposal of hazardous wastes. She inquired as to whom these suggestions should be submitted. City Manager Wysocki informed the Commission that he is on the committee for legislative suggestions and he will accept their written suggestions. Commissioner Vant Hull stated that when speaking to Norm Wallin, he indicated that legislation requiring nonprofit organizations to pay 50 percent of taxes for services had failed to pass because of opposition from one group. She indicated that she would like to see this legislation introduced again, with the wording changed so as to perhaps eliminate the stated opposition. Mayor Weaver noted these suggestions should be communicated to the City Manager. of $585 from General Fund-Police I City Manager Wysocki stated Commissioner Vant Hull had requested that this item be re- moved from the Consent Items for discussion. Commissioner Vant Hull stated she had requested this item be taken off of the Consent Items as she desired additional information. She inquired whether this proposed device can work on any deaf person's telephone. Director of Public Safety Barrick informed the Commission that the proposed device will work with any deaf person's telephone on which is installed a compatible unit. Commissioner Vant Hull inquired whether enough deaf people would be able to afford the compatible device required on their telephone to justify the expenditure. City Manager Wysocki responded that out of twelve known deaf people in the area, eight of them already have units which would be able to communicate with the proposed device. It was moved by Commissioner Jordan, seconded by Commissioner Mathre, that the Commission authorize the Mayor to sign the Budget Amendment to transfer $585.00 from the General Fund - Police Division - Other to General Fund - Police Division - Capital. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jordan, Commissioner Mathre, . Commissioner Vant Hull, Commissioner Anderson and Mayor Weaver; those voting No, none. Discussion - FYI items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1) A letter addressed to the Commission received from Felska/Solvie, thanking the I Commission for their cooperation and support. (2) Weekly construction reports received from Thomas, Dean and Hoskins, I nc. Consent Items Wysocki container ordinance - Jane Jelinski for 06-11-84 212 County Commissioner - Bogert Park - June 30, 1984, 4: 00 to 9:00 p.m.; use of PA system Authorize appointment of Lowell Hickman as Director of the Bozeman Municipal Band for the 1984 summer season Report - Building Inspection Division for May 1984 Claims It was moved by Commissioner Mathre, seconded by Commissioner Vant Hull, that the Com- mission approve the items as listed above and that the appropriate persons be authorized and I directed to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Mathre, Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan and Mayor Weaver; those voting No, none. Continued work session - goals assessment evaluation Mayor Weaver stated he felt it would be useful for the Commission to establish a priority list for the potentially fundable goals. He requested that each Commissioner voice his/her most important goals from their point of view. Each Commissioner thereafter indicated their top five priority items from the list of budgeted goals. The Commission then separated the budgetary goals into the two following categories: BUDGETARY -- GOALS AND POLICIES OF THE CITY OF BOZEMAN (SPECIFIC FUNDING REQUIRED) To Be Reviewed by the City Manager in the Upcoming Fiscal Year 1. Parks and Recreation a. Swimming program. b. Recreation program. 2. Transportation a. Additional signing (stop signs at intersections). I 3. Utilities a. Lyman Creek water supply. b. Maintenance of water distribution and sewer collection systems. c. Management of utility assets. 4. Governmental operations a. Personnel increase in specific City departments. b. Equip Police and Fire Divisions adequately. c. Encourage support from all resources of the public library services. 5. Alternative Revenue Sources a. Effective legislative lobbying. b. Find ways and means to have all of the people who use City services pay for them. B rea k - 6: 1 0 to 6: 1 5 p. m . Mayor Weaver declared a break at 6:10 p.m., to reconvene at 6:15 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1984. Continued work session (continued) - goals assessment evaluation The Commission continued to separate the budgetary goals into the following lists. Residual - To be Considered for Funding in the Next Two to Five Years 1. Community Development I a. Preserve amenities and conservancy strip. b. Staffing for community development office. 2. Parks and Recreation a. Develop parks. b. Water for irrigation. 06-11-84 213 3. Transportation a. Eliminate use of salt on the streets. b. Bike paths. 4. Utilities a. Secure an adequate water supply. I Commissioner Mathre stated she understands that the City is due for a fire rating in the near future. She noted that unless the City better equips its Fire Department, the present rating of "7" will not be retained. Mayor Weaver noted that by categorizing the budgeted goals, it will allow the City Manager to review them during the budgeting process. He further noted the next step the Commission should take on the goals assessment evaluation is to review the continuing goals to determine if any emphasis is required on any of the goals. Adjournment - 6:48 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 Anderson, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vant Hull, Commissioner Anderson, Commissioner Jordan, Commissioner Mathre and Mayor Weaver; those voting No, none. KENNETH L. WEAVER, Mayor ATTEST: ~~~/ I Acting lerk 0 the Commission I 06-11-84