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HomeMy WebLinkAbout1997-10-27 Minutes, City Commission MINUTES OF THE WORK SESSION/AGENDA MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA October 27, 1997 ***************************** . The Commission of the City of Bozeman met in work session and agenda meeting in the Commission Room, Municipal Building, October 27, 1997, at 3:00 p.m. Present were Mayor Stueck, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman, City Manager Johnson, City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Work Session - (A) Presentations from Fire Chief Aaron Holst and DeDutv Fire Chief/Fire Marshal Chuck Winn re out-of-state conferences; (B) Discussion - Commission meetina schedule for December; (C) Discussion - Dossible sian code amendment re signs in the Darks (A) Presentations from Fire Chief Aaron Holst and Deputy Fire Chief/Fire Marshal Chuck Winn re out-of-state conferences Fire Chief Aaron Holst noted that City Manager Johnson has asked anyone attending a . conference or training, particularly out-of-state, to make a presentation to the Commission. He distributed copies of information he obtained during his attendance at the Fire Chiefs Association meeting in Boston, Massachusetts, on October 17 and 18. He noted that he attended the conference as the Vice President of the Montana State Fire Chiefs Association, at no direct cost to the City. He stated that during this conference, chiefs from states around the country discussed current events and current issues. The Fire Chief gave a brief overview of some of the issues of interest to Bozeman, noting that the National Fire Protection Association (NFPA), which provides public fire safety education programs, unveiled a new program at this seminar. He noted that when the uniform codes, which the City has adopted, are silent, the NFPA standards are followed. . The Fire Chief noted that a report reflecting the ten-year experience of Scottsdale, Arizona, requiring automatic sprinkler systems, was submitted at this meeting. He noted the report revealed that sprinkler systems directly saved eight lives and, over ten years, the average fire loss decreased from $17,000 to $1,700. He stated that Bozeman has encountered similar statistics, citing the complex on 11 th Avenue as an example. 10-27-97 - 2 - Responding to Mayor Stueck, the Fire Chief stated that the NFPA updates its standards whenever necessary, noting that technology often triggers those updates. He then noted that most of the issues not addressed in the uniform codes for which staff relies on the NFPA standards are in the areas of new technologies, particularly since the Uniform Fire Code is . updated every three years. Deputy Chief/Fire Marshal Chuck Winn gave a presentation on his recent attendance at the Western Fire Chiefs Association Conference, held in Phoenix, Arizona. He stated that he is an officer in the Montana Fire Chiefs Association and last year was elected to a four-year term as Vice President of the Western Fire Chiefs Association. He stressed that his attendance at the three meetings of this organization each year is at no direct cost to the City, and this involvement helps him to keep abreast of issues in the field of public safety. The Fire Marshal gave a brief history on the publishing of the Uniform fire Code, noting that the International Conference of Building Officials (lCBO) and the Western Fire Chiefs Association are now embroiled in a lawsuit over who controls the document. Fire Marshal Winn characterized networking with other chiefs in the western states as . a great benefit to him and the City, noting it is better to contact another chief to obtain a possible solution than to reinvent the wheel. The Fire Marshal stated that in the year 2000, there will no longer be any "uniform codes", rather, they will become an "international code". He cautioned that this will result in compromising of the minimum standards in the code, so that they are acceptable throughout the United States. Responding to Mayor Stueck, Fire Chief Holst stated that the State's Building Codes Bureau must adopt the uniform codes prior to the City adopting them. He then noted that the State recently adopted the 1994 Uniform Fire Code, which uses the 1991 NFPA standards, and the 1997 Uniform Fire Code has just been published. He expressed concern that this means . the City is now seven years behind technological standards. Commissioner Rudberg noted that she was recently appointed to the Local Emergency Planning Committee (LEPC). She stated that the committee has discussed identifying places where hazardous materials are located, so that information is readily available to the firefighters entering an emergency situation. 10-27-97 ____.__.. ......._ _u_ - 3 - Fire Chief Holst noted that the information is available in some instances at the present time, and will be more readily available when the new 9-1-1 dispatch equipment and system are installed. He cautioned, however, that whether those hazardous materials are identified in the data base will depend on the type and quantity of material. He further cautioned that . regulations pertaining to hazardous materials do not apply to the transportation of those materials. Fire Marshal Chuck Winn noted that federal legislation effective in 1986 required the creation of LEPCs. He stated that the City complied with that requirement in 1986, and the committee was recently re-established as a result of the City contracting with Gallatin County for emergency services. He recognized that, in some ways, the City is now ten years behind because of the lapse in the committee; however, he noted that the City is also not saddled with an outdated plan. The Commission thanked Fire Chief Holst and Deputy Chief/Fire Marshal Winn for their presentations. (C) Discussion - possible sign code amendment re signs in the parks . Included in the Commissioners' packets was a memo from Project Planner Christopher Williams, dated October 22, 1997, with which he forwarded possible language for a sign code amendment to allow signs in parks. Planning Director Andy Epple reminded the Commissioners that early last summer, discussions revolved around possibly providing a framework within which signs for athletic, non-profit activities could be erected in portions of public parks which have been improved for organized athletic activities. He noted that if the Commission is interested in pursuing the inclusion of this type of language in the sign code, staff will proceed with the zone code amendment process, which involves preparation of the staff report and public hearings before both the City-County Planning Board and the City Commission. . The Planning Director briefly highlighted the proposed framework for the amendment, noting that it limits the installation of the signs to areas developed for sports; requires that the signs not exceed 32 square feet, and be installed a minimum of five feet from the property line, at a height of not greater than eight feet; and requires that the signs be subject to the temporary use permit process with the added requirement that the plans be reviewed and approved by the Recreation and Parks Advisory Board. He also noted that under this proposal, 10-27-97 - 4 - the signs could be erected two weeks prior to the sports season and must be removed within two weeks after conclusion of the season. The Planning Director noted that he has quite a bit of administrative flexibility under the special use permit process. As a result, he noted that the $40 application fee would cover all . of the signs installed around a field for organized sports play for a season. Responding to Commissioner Frost, the Planning Director stated it is the intent of this proposed amendment to require that signs be installed only in areas where the sports activities are taking place. He recognized that this could include Christie Fields, the fields in West Babcock Park and the Recreation Complex. Commissioner Frost expressed concern that under the proposed amendment, a solid fence of 8-foot-high signs could result. Planning Director Epple responded that an alternative might be to establish a 5-foot-high limitation, in keeping with the height limitation for monument signs. He also confirmed that the signs could be required to face the field rather than the surrounding area. Following discussion, he recognized that an 8-foot limitation could be established for the Recreation . Complex, where the fences are higher. Mayor Stueck noted that the Gallatin Valley Softball Association indicated an interest in placing sig.ns on the back of the dug-outs, which may not comply with the requirement for signs to face into the field. He recognized that at the Recreation Complex, this would not pose a problem because no residential neighborhood would be adversely impacted by the visibility of those signs. Mayor Stueck raised the issue of advertising on the scoreboard, noting that Pepsi recently donated a scoreboard for one of the school ballfields. He further noted that the scoreboard could easily exceed the 8-foot height limitation proposed. Commissioner Rudberg noted that volunteers are involved in the various athletic groups. . She asked that information be distributed to those volunteers, reminding them of the permitting process for signs and giving them a couple months' advance notice. Planning Director Epple recognized the benefit of advance notice. He then stated that, once a sign package has been approved, a group may simply reactivate its previous application, and approval of the application should be quite quickly accomplished if no problems were previously encountered. 10-27-97 ------- -..--..--.- - 5 - Following discussion, the Commissioners concurred that staff should begin processing a zone code amendment to provide for this type of signage in the parks. (8) Discussion - Commission meeting schedule for December Included in the Commissioners' packets were copies of Section 2.04.040, Bozeman . Municipal Code, and Section 7-3-4322, Montana Code Annotated, setting forth the scheduling requirements for Commission meetings. City Attorney Luwe noted the State statute requires that the Commission meet a minimum of once every two weeks. He further noted that under the Commission's meeting structure, work sessions count as meetings for compliance with the statute. He recognized that, under statutory constraints, the Commission must meet on either December 22 or December 29. City Manager Johnson reminded the Commission that three Commissioners constitute a quorum. The Commissioners agreed that the meeting for December 29 should be cancelled, and the agenda for the December 22 meeting should be kept as light as possible. They recognized . that this revised schedule should provide a holiday break for staff as well as the Commissioners. The City Manager announced that this item will be placed on next week's consent agenda for action. Aaenda Meeting - for regular meetina and public hearinas to be held on November 3. 1997 Since this is an agenda meeting, only those issues requiring staff action are contained in the minutes. City Manager Johnson briefly reviewed the background information which was included in the Commissioners' packets. (4) Assistant Planning Director Debbie Arkell reminded the Commissioners that the . requested variance is to allow the connection of an existing building and potential future buildings to a third septic system to be installed at The Mill, which is within city limits. She stated that she, the Assistant City Manager and City Attorney met to discuss the issues involved, after which she faxed a memo to the applicant, notifying him of three options for addressing this issue; and, to date, she has received no response. She cautioned the 10-27-97 - 6 - Commission that one of the requirements under the annexation agreement for The Mill, which was signed by Mr. McCrone and accepted by the City Commission, is that any new upgrades or new development on the property will trigger the connection of this property to City sewer services. She cautioned that if the Commission wishes to approve this variance, then the . annexation agreement must first be modified. Responding to questions from Mayor Stueck, the Assistant Planning Director stated that City water is available to the subject site, as well as other homes in the area, because the Lyman Creek trunk line runs through those properties. Responding to Commissioner Rudberg, the Assistant Planner stated that she has heard rumors about The Red Barn being moved from West Main Street to this location. She cautioned, however, that retail uses are not allowed in the Business Park zoning district without going through the planned unit development process. Further responding to Commissioner Rudberg, the Assistant Planning Director suggested that if the applicant has not forwarded a response to her memo by next Monday's meeting, the Commission could table action on this variance. . In response to questions from the Commissioners, Planning Director Andy Epple provided a brief history of the annexation of this subject property. He noted that during original proposals for redevelopment of this site, the applicant's representative suggested that, through a mixed use development including loft apartments, a dinner theatre, possibly a restaurant, professional offices, and research and technology development, approximately 150 employees could be housed in this complex. In light of that level of development, staff recommended that annexation and City sewer service would be appropriate. He recognized that, to date, the level of development initially suggested has not materialized. He then cautioned that the zoning issues and the annexation agreement must be taken into consideration as the Commission makes its decision on this agenda item. (7) City Manager Johnson noted that the consent items include acknowledging . receipt of several petitions, noting this is a mechanism through which he hopes to keep track of the petitions and ensure that they move through the appropriate processes. Commissioner Stiff expressed concern that the petitions do not include the addresses of the signatories, characterizing this information as important if not mandatory. 10-27-97 __..n_u_m . ---- - -.--- - 7 - Assistant City Manager Brey stated that there are no specific requirements for this type of petition to be filed. He noted that when people request a petition format, City staff members can provide them with a general guideline of what is required; however, petitions are often received without such an inquiry having been made. He recognized the validity of . requiring addresses, noting that allows the Commission to more easily weigh the issues and identify proper funding sources. Mayor Stueck asked if the Commission should consider adopting a resolution setting forth the required format for petitions. The City Manager noted that, even if such a resolution is adopted, the Commission will still receive this type of petition. He stated, however, that the adoption of a resolution could provide the basis upon which the Commission considers those petitions which are not submitted in the appropriate format. Commissioner Youngman suggested that for those petitions not submitted in proper format, the Clerk of the Commission could contact the leaders of the organization, who could then provide a typed list of names and addresses of those signing the petitions. She noted that . having the individuals re-sign the petitions is not necessary as long as the additional information is provided. (7a) Commissioner Rudberg suggested that the Bozeman Tennis Association be encouraged to participate in raising funds toward the resurfacing of existing courts, citing other organized recreation groups as examples of what can be accomplished. (7b) The City Manager noted that the need for a stop light at West Oak Street and North 19th Avenue was discussed at last week's Transportation Coordinating Committee meeting, along with several other safety issues along the 19th Avenue corridor. He characterized this as a long-term project, and encouraged the Commissioners to remember that this roadway is controlled by the Montana Department of Transportation. . Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1 ) Mr. David Smith, Executive Director of the Bozeman Area Chamber of Commerce, submitted the following. (1) Thanked the Commission and City Manager for their support for 10-27-97 ~ 8 ~ the grant application being submitted for the new visitors' center. (2) Stated that the Chamber submitted its bid for the Wally Byam Caravan Club International conference. He noted that within the next two weeks, the Chamber should receive notice of whether Bozeman is successful in its bid to bring the Airstreams back one more time. . (2) Letter from Grover Anderson, Sourdough Lions Barn Sale Coordinator, dated October 20, thanking the City for one "free" day at the landfill. The City Manager noted that further discussion of free dumping at the landfill will be scheduled for one of the Commission meetings in late November. (3) Letter from Carolyn Manley, 3032 Candy Lane/412 West Cleveland Street, dated October 21, 1997, requesting that the City monitor the condition of sidewalks surrounding the MSU campus, both to ensure that they are in good repair and to ensure that they are cleared in the winter. Commissioner Rudberg stated that she walked from South Willson Avenue to the engineering building and back and was unable to identify the problems to which Ms. Manley referred. She noted, however, that she did find hedges overhanging the sidewalk which could . serve to shade the sidewalk, and make the clearing of those sidewalks difficult in the winter. The City Manager indicated that staff will respond to the letter, and he will ensure that the sidewalks in that area are monitored this winter. (4) Memo from Neighborhood Coordinator/Grantsperson James Goehrung, dated October 22, 1997, forwarding a draft update of the Citizen Information Guidebook. The City Manager asked that the Commissioners forward any comments or suggestions about improving the guidebook or any concerns about the information contained in it to staff as soon as possible. He noted that one or two more drafts will probably be prepared before the revised booklet is printed. (5) Letter from James Devitt, President of the Bozeman City-County Planning Board, . dated October 16, seeking direction from the City and County Commissions concerning regulatory jurisdiction in the "donut area". Commissioner Rudberg stated she feels it would be appropriate for the City Commission and County Commission to meet and discuss this issue, but she does not feel it would be appropriate to expend staff time on the issue. 1 O~27-97 ..---.- ~.._ _._____.__n _n_ ---.....----- -..- .... -----.. --------.-. -. - 9 - Commissioner Youngman suggested that, before the City Commission meets with the County Commission, the City Commissioners should discuss the issue to ensure that everyone is on the same page. She then forwarded her interest in making this meeting the first of several regularly-scheduled meetings with the County Commission. . City Manager Johnson indicated that he will facilitate a meeting with the County Commission. (6) Agenda for the combined meeting of the Bozeman Beautification Advisory Board and the Recreation and Parks Advisory Board, to be held at 7:00 p.m. on November 6, 1997 in the Lindley Center. (7) Agenda for the Development Review Committee, to be held at 10:00 a.m. on Tuesday, October 28, 1997 in the Commission Room. (8) Agenda for the Design Review Board, to be held at 3:30 p.m. on Tuesday, October 28, 1997 in the Commission Room. (9) Agenda for the County Commission meeting, to be held at 1 :30 p.m. on Tuesday, October 28, 1997 at the Gallatin County Courthouse. . (10) The City Manager submitted his weekly report, as follows. (1) Noted that the 9-1-1 administrative board and Transportation Coordinating Committee meetings were scheduled for the same time. He attended the TCC meeting and sent Assistant City Manager Brey to the 9-1-1 board meeting. (2) Attended the Kiwanis meeting today, at which City Attorney Luwe was formally initiated into the organization. (3) Announced that on Thursday and Friday, sixteen staff members attended a leadership workshop in Helena. He noted that, because the key management staff members were attending the conference, he stayed in the office. (11 ) Assistant City Manager Brey $ubmitted the following. (1) Attended the 9-1-1 / administrative board meeting, at which the proposed six-mill levy was discussed. He noted that . some revisions may be required to the interlocal agreement to accommodate this proposed change in funding structure. (2) Attended the leadership conference in Helena, noting the magnitude of the speakers was impressive. He compared the two-day conference to attending eight to ten national conferences, in terms of the level of speakers and the information received. He stated that the conference distinguished between leadership and management. 10-27-97 - 10 - ( 12) City Attorney Luwe stated that he also attended the two-day leadership conference. He also obtained the video tape and several audio tapes, which he will review and the forward to his staff. He characterized the conference as well worth the expenditure. (13) Commissioner Frost asked that the ordinance pertaining to signs in the parks . contain a prohibition for advertising alcohol and tobacco products, particularly since many of the signs will be erected around fields used for youth activities. City Attorney Luwe noted that the courts have upheld local government bans on alcohol and tobacco products on billboards, and he will check those opinions to determine whether they would be applicable in this instance. Following discussion, the Commissioners recognized that, while a business that sells those products may be able to advertise the name of the business, it would not be able to advertise a specific product under this proposed language change. Since three of the Commissioners indicated an interest in entertaining the proposed change to the proposed sign code amendment, the City Attorney indicated that he will research the issue. . ( 14) Commissioner Rudberg stated that she attended the Transportation Coordinating Committee meeting on Wednesday. She noted that at that meeting, residents along 19th Avenue complained about jake brakes. In response, the Montana Department of Transportation indicated that if the City of Bozeman adopts an ordinance prohibiting the use of jake brakes, it will post the necessary signs. A majority of the Commissioners indicated an interest in bringing back a possible ordinance for review and consideration. (15) Mayor Stueck stated that he received an invitation from Montana Power Company to attend a meeting on Wednesday, October 29, to discuss the electric utility business. . Executive Session re litigation - Bozeman Solvent Site Mayor Stueck announced his intent to close the meeting and enter into executive session, under Section 2-3-203(4), M.C.A., for the purpose of discussing litigation strategy pertaining to the Bozeman Solvent Site, noting that if the issues were discussed in open meeting, it would have a detrimental effect on the litigating position of the City in the case Jewel v. City of Bozeman. 10-27-97 -----.---- ... ------ - 11 - Ms. Ann Arbor Miller, reporter for the Bozeman Daily Chronicle, stated her objection to closure of the meeting. She acknowledged that the Commission does have a right to meet with its attorney to discuss litigation against Jewel Food Corporation. However, she reminded the Commission that any discussion about possible litigation against the State of Montana would . be inappropriate since two governmental entities are involved, and she would strongly oppose such a breach of the open meeting law. At 4:40 p.m., Mayor Stueck called an executive session for the purpose of litigation and asked all of the persons except the City Manager, Assistant City Manager, City Attorney, Director of Public Service, Attorney Barry O'Connell, Legal Assistant Brenda Hegel and Clerk of the Commission to leave the room. At 6:05 p.m., Mayor Stueck closed the executive session and reconvened the open meeting. Adjournment - 6:05 D.m. There being no further business to come before the Commission at this time, it was . moved by Commissioner Frost, seconded by Commissioner Youngman, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. (~Z~~ DON E. STUECK, Mayor ATTEST: ~;/ J!#~ ROBIN L. SULUV AN - Clerk of the Commission . 10-27-97 .---