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HomeMy WebLinkAbout1995-06-26 ccmWORK MINUTES OF THE WORK SESSION/AGENDA MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA June 26, 1995 ***************************** . The Commission of the City of Bozeman met in work session and agenda meeting in the Commission Room, Municipal Building, June 26, 1995, at 3:00 p.m. Present were Mayor Vincent, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost (arrived at 3:30 p.m.), City Manager Wysocki, 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) Staff update re disaster emeraency plan - DES Coordinator Aaron Holst (B) Staff presentation re bicycle patrol/definition of main business district - Chief of Police Larry Conner (C) Discussion - process for filling of vacancy on Study Commission (A) Staff update re disaster emergency plan - DES Coordinator Aaron Holst . Fire Chief IDES Coordinator Aaron Holst provided an update on the Disaster Emergency Plan for Gallatin County, which is currently being prepared, as well as an overview of the Emergency Operations Plan, which is also being rewritten. He distributed an information sheet for the emergency services program, showing the eighteen most vulnerable issues in Gallatin County, with earthquakes being highest on the list. Disaster Emergency Services Coordinator Holst stated that this program is mandated by State statutes. In the past, this position has been a County responsibility; however, as of July 1, 1994, the City and the County entered into an agreement under which the City Fire Department provides emergency services coordination for Gallatin County. The position of Staff Captain has been created, with 50 percent of that position being dedicated to this program. With this change in staffing, the DES office is now staffed 24 hours a day, since the . Day Captain assumes those duties when the Staff Captain is not on duty. Fire Chief/DES Coordinator Holst reviewed the four phases of disaster management, which include preparedness, response, recovery and mitigation. He emphasized the importance of having a user-friendly Emergency Operations Plan, which specifically identifies the person in charge and the steps to be followed for each of the identified types of disasters. He stated 06-26-95 - 2 - that a new Emergency Operations Center has recently been created in the basement of the Courthouse; and that Center now contains a back-up 9-1-1 system. He noted that when the Police Department was located in the City Hall Complex, the Sheriff's Office and the Police Department could serve as 9-1-1 back-up for each other. However, since they are now both . housed at the Law and Justice Center, with a central dispatch area, that back-up has been lost. The new back-up system is scheduled for testing within the next few weeks to ensure that, in the case of a disaster, it will be operational. The Fire Chief/DES Coordinator emphasized the importance of remembering that, in a disaster situation, one is "always behind the curve". He further noted that, by its very nature, a disaster is "always bigger and quicker than we are". Fire Chief/DES Coordinator Holst stated that, after the Emergency Operations Plan is completed, the Commissions for Gallatin County and each of the Cities within the County will be asked to adopt it by resolution. The Commission thanked the Fire Chief/DES Coordinator for his presentation. (8) Staff presentation re bicycle patrol/definition of main business district - . Chief of Police Larry Conner Chief of Police Larry Conner stated he plans to implement the community policing program in the near future. As a part of that program, a bicycle patrol will be started. Under the current ordinances, anyone over the age of 15 years cannot legally ride on any sidewalks in the community; and no one is permitted to ride on the sidewalks in the main business district. The Chief asked that the Commission consider an amendment to the ordinance to allow police officers to ride on sidewalks anywhere within the city limits to carry out their duties. He stated that, most of the time, police officers will obey all of the traffic laws; however, at times, it may be necessary for them to respond to a call which is located at mid- block. He noted that, due to safety concerns, it would be better if the officers could approach the location from the sidewalk, rather than having to stop in a traffic lane, dismount, and carry . or wheel the bicycle to the site. He stated that, rather than having a police officer break the law to meet these safety issues, it would be preferable to have an ordinance adopted which allows for this method of response, recognizing that use of that provision would be limited. Chief Larry Conner stated that bicycle patrol could also be used to check doors of businesses at night, which would necessitate riding on sidewalks. He noted that this service 06-26-95 n_ _ .._.______ - 3 - is not being provided at the present time. He further noted that the bicycle patrol could patrol for violations of the open container ordinance, if allowed to ride on the sidewalk legally. The Commissioners stated support for the requested amendment and directed staff to bring back an ordinance for Commission action. . Mr. Tim Cooper, Staff Attorney/Prosecutor, stated that during preparation of a proposed ordinance to amend the section of the code prohibiting the use of roller skates in the downtown area, to include the specific prohibition of in-line skates and skateboards as well, he found reference to "main business district" with no attendant definition. He indicated that this issue must be addressed before the ordinance can be completed and adopted. City Attorney Luwe stated that a review of the old code revealed that the term "main business district" was a carryover from the 1935 zone code; and the district boundaries were generally located along Third Avenue, Church Avenue, Olive Street and Mendenhall Street, with a few juts in the boundary. He noted that when the zoning districts were changed through adoption of a new zone code, the zoning districts were changed; and "main business district" no longer exists. . The City Attorney then noted that the new ordinance pertaining to in-line skates and skateboards is to be effective October 1, to comply with State statutes. He indicated a willingness to process the ordinance allowing on-duty police officers to ride bicycles on the sidewalk as soon as possible. The Commissioners briefly discussed the area where in-line skates, skateboards and bicycles should be prohibited. They generally concurred that the area bounded by Fifth Avenue and Wallace Avenue, and including Mendenhall Street, Main Street and Babcock Street is the area where such activities should be prohibited. They further suggested that this proposal should be submitted to the Downtown Bozeman Association for their input prior to adoption of the ordinance. Mayor Vincent suggested that an ordinance requiring pet owners to carry a means of . picking up and disposing of dog droppings in the downtown area. (C) Discussion - process for filling of vacancy on Study Commission Included in the Commissioners' packets was a memo from Clerk of the Commission Sullivan, dated June 23, forwarding background information on this item. 06-26-95 - 4 - Responding to questions from the Commission, Liaison James Goehrung stated that in January, the Study Commission appointed an alternate; however, that individual seems to have lost interest in the process and is no longer attending meetings. He then indicated that Mr. Jeff Krauss, who is not a member of the Study Commission, has been appointed as its . Parliamentarian. The Commissioners briefly discussed various options for filling of the vacancy, concluding that selection from the list of unsuccessful candidates from the November election would be the best option. They recognized that any Commissioner may contact any unsuccessful candidate to determine if that individual is still interested in serving; and the names of those interested may then be forwarded for consideration. The Commission then requested that appointment of a replacement be placed on next week's agenda. Aaenda Meeting - for reaular meeting and Dublic hearinas to be held on Julv 3, 1995 Since this is an agenda meeting, only those issues requiring staff action are contained . in the minutes. City Manager Wysocki briefly reviewed the background information which was included in the Commissioners' packets. (24) Assistant Planning Director Arkell gave background information on this requested variance from the parking requirements for a day care facility targeted for special needs children. Under this proposed use, up to 30 children are to be housed in the day care facility. One of the concerns identified by staff is that there is no sidewalk from the proposed small parking lot at the rear of the structure to the front of the facility, where a ramp will provide disabled access. The Assistant Planning Director encouraged the Commissioners to view the subject site and the immediate surroundings prior to next week's meeting, and to consider the already crowded parking situation that exists. . (25) Associate Planner/Urban Designer Morris stated that this application provides for expansion of a facility which has been in operation for more than twenty years. The current parking for the 94-bed facility does not meet code requirements; however, it is not often full, even during what would be anticipated peak hours for visitation. In conjunction with this application, the Convalescent Center is to enter into an agreement with the church across the 06-26-95 ... . -------.--.. - 5 - street for shared parking, with the City to be named as a party, and with a one-year termination clause. Concern has been raised over the potential for expansion of the church, which could then eliminate some of the available parking for the care facility. Following extensive discussion of the existing parking and potential demands for . increased parking as a result of the expansion of the care facility, the Associate Planner was asked to informally review the site at various times of the day to determine if, indeed, a parking problem may exist, or whether the existing parking lot is deemed adequate. Also, the Planner was asked to verify that no additional employees are anticipated as a result of the 9-bed expansion, as was previously indicated by the applicant. (26) Historic Preservation Officer Derek Strahn provided some background information about the existing Silent Knight building, which is an individual listing on the National Register of Historic Places because of its exceptional architectural significance, even through it is less than fifty years old. He noted that, while there has been some indication that the building could be moved, there has been no confirmation that it could be accomplished. The Officer stated that some question has been raised about whether the property . owner was appropriately notified prior to listing of this property on the National Register of Historic Places. Initial research has suggested that she was properly notified; however, he will do further research if necessary. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. ( 1 ) Copies of the minutes from the Bozeman City Government Study Commission for the meetings of April 18, April 25, May 2, May 9, May 16 and May 23. (2) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, June 27, in the Commission Room. . (3) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, June 27, in the Commission Room. (4) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, June 27, at the County Courthouse. 06-26-95 .-...-..---..- - 6 - (5 ) Tentative schedule for adoption of the budget for Fiscal Year 1995-1996, dated June 23, 1995. The City Manager cautioned that, due to Administrative Services Director Gamradt's loss of his father this weekend, this schedule may be adjusted. . (61 The City Manager submitted his weekly report, as follows. (1) Attended the composting meeting on Friday afternoon. (2) Stated he continues to work on the budget. (3) Attended the meeting on growth issues on Wednesday afternoon, with the Planning staffs, City Commission and County Commission. (4) Noted that meetings on health/medical insurance have been completed. (5) Attended the Youth Build luncheon last week. (6) Noted that patching and painting crews are currently working; tree trimming crews are scheduled to begin work along Willson Avenue next week. (7) Announced that several of the vehicles in the Fire Department were out of service last week, including Engine No.1 and the ladder truck. (7) Commissioner Stueck stated that an expert on moving buildings is to be in town next week and, if possible, he is going to ask that individual if the Silent Knight building is movable. . (8) Commissioner Frost asked for updates on the installation of bull noses at intersections along South Willson Avenue and the status of the zoning ordinance revisions. (9) Commissioner Youngman submitted the following. (1) Attended the Beautification Advisory Board meeting last week. (2) Attended the Youth Build luncheon. (3) Attended the composting meeting on Friday. (10) Commissioner Youngman asked about the accuracy of the article in last week's newspaper about Commission action regarding the polluted wells on North 17th Avenue. City Attorney Luwe responded that the Commission took no formal action on this issue six months ago, as suggested in the newspaper article. He then stated that the City's attorney, Barry O'Connell, has notified the attorney representing those who have connected . to City water about several fallacies in their position. (11 ) Commissioner Youngman stated that the ad hoc cable television franchising committee has its report nearly complete, and plans to submit it to the Commission in early July. She noted that they are also interested in making a verbal presentation, although scheduling seems to be a problem. She then asked if the Commission wants a presentation 06-26-95 -------------- n__.___ .__ ..... .______.._._ - 7 - prior to setting any type of public meeting, or if it wishes to receive the verbal presentation as a part of the public meeting. City Manager Wysocki suggested that the Commission receive a verbal presentation on the report during one of its upcoming work sessions, so that they can discuss it prior to any . public meeting. Commissioner Youngman stated she will try to schedule the presentation for one of the upcoming work sessions. (12) Commissioner Youngman stated that she gave a presentation to the Downtown Bozeman Association. She noted that, following her presentation several items were discussed, including support for the sign code. She stated that during that discussion, Larry Bowman suggested that the process for approving signs which are in compliance with the code be streamlined to allow in-house review, rather than requiring that all of the signs go through the DRB for approval. Another topic of discussion was the proposed change in the postmark; and the DBA encouraged the Commission to take a strong stand on this issue. She then requested an agenda item for discussion about simplification of the review . procedure for conforming signs. (13) Commissioner Youngman suggested that the Commission have a work session with staff to discuss the public facilities plans and capital facilities plans, particularly in light of the potential for developing a composting program. She noted that if the City becomes involved in an active composting program, that will have a dramatic impact on the facilities plans and future needs. The Commissioners concurred that this would be a good topic for an upcoming work session. (14) Commissioner Stiff submitted the following. (1) Stated he had a busy week, attending many of the meetings to which others have already referred. (2) Expressed concern about the potential of losing a key City employee because of the current workload. He . suggested that the Commission begin to carefully look at impacts on staff. ( 15) Mayor Vincent stated that he attended the Youth Build luncheon last week. Adjournment - 5:25 D.m. There being no further business to come before the Commission at this time, it was 06-26-95 .--.. ..----..--.---.-..--- - 8 - moved by Commissioner Frost, seconded by Commissioner Stueck, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stueck, Commissioner Stiff, Commissioner Youngman and Mayor Vincent; those voting No, none. . ~- ~ c--- - - .jtM. VA J INCE, Mayor ATTEST: 9~~~ ROBIN L. SULLIVAN Clerk of the Commission . . 06-26-95 -..-.-......--