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HomeMy WebLinkAbout1994-06-27 ccm _. __.. ..._...__n__ MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA June 27, 1994 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, June 27, 1994, at 3:00 p.m. Present were Mayor Vincent, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost, 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. Mayor Vincent asked if any of the Commissioners wished to remove any of the Consent Items for discussion. The City Manager requested that authorization for him to sign letters of clarification for SID No. 662 be removed for discussion. Minutes - June 13 and June 20. 1994 Commissioner Stiff requested that action on the minutes from the meeting of June . 13 be deferred for a period of one week, to allow him an opportunity to discuss some questions with the Clerk of the Commission. It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the minutes of the regular meeting of June 20, 1994, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost and Mayor Vincent; those voting No, none. Discussion - improvements to West Colleae Street between South Willson Avenue and South 8th Avenue Included in the Commissioners' packets was a memo from City Engineer Craig . Brawner, dated June 23, 1994, outlining proposed options for improvements to West College Street between South Willson Avenue and South 8th Avenue, under Transportation System Management (TSM) Project No. SE7. City Engineer Brawner stated that Morrison Maierle/CSSA has been retained as the consulting engineering firm for this project. He stated that the TSM project contained in the 06-27-94 ------.-.--.--.---- .-..- - 2 - transportation plan update provides for restricting parking, striping of two 12-foot driving lanes, and striping for designated bike lanes. He noted that with the current pavement width, there is not adequate space to provide the driving lanes and bike lanes that meet American Association of State Highway and Transportation Officials (AASHTO) standards; and staff has . outlined three options for Commission consideration. Mr. Scott Bell, Morrison-Maierle/CSSA, forwarded the three options for Commission consideration, which include: 1. Widen the street to a 34-foot width, to include two 11-foot traffic lanes and two 4-foot striped and designated bike lanes, which meet AASHTO standards; 2. Widen the street to 30-foot width, to include two 14 % -foot shared vehicle and bike lanes, which meet AASHTO standards; or 3. Improve the existing 28-foot width, to include two 12-foot driving lanes and designated bike lanes which do not comply with AASHTO standards. Mr. Bell stated that a review of the existing street has revealed that the existing paving and curbs are deteriorating and that storm drainage is inadequate. The roadway is 32 feet wide between South 8th Avenue and South 7th Avenue and is 28 feet wide from South . 7th Avenue to South Willson Avenue. The slope has been identified as 0 to 2 percent in the eastbound lane and 6 to 10 percent in the westbound lane. He stated the large boulevard trees range from 4 to 5 feet behind the front face of the curb along the south side of the street and 3 to 5 feet behind the front face of the curb along the north side of the street. Mr. Bell noted that in all three options, elimination of on-street parking, installation of new curb and gutter, upgrading of the storm drainage and bringing the intersections into compliance with ADA requirements are proposed. He then expanded on each of these three options. The first option, which is acceptable under AASHTO standards, would include two 11-foot-wide traffic lanes and two 4-foot-wide bike lanes; and the street would be signed and striped as a bike route. This would result in a 100 percent loss of the large trees along the . north side of the street and a 5 to 15 percent loss of trees on the south side of the street; and would cost $224,000, not counting the value of the trees. The second option would include two 14 % -foot-wide lanes which would serve as shared vehicle/bicycle lanes. This configuration would be considered a bike way, as opposed to a bike lane, and is also acceptable under AASHTO standards as well. Under this option, the loss of existing boulevard trees would 06-27-94 - 3 - be 5 to 15 percent on the north side and 5 to 15 percent on the south side of the street. The cost is estimated at $199,000, not counting the value of the trees. He then indicated that the slope of the street would be 1 to 2 percent on the south side of the street and 7 percent on the north side. He compared that to the West Main Street street section in front of the High . School, which was recently reconstructed at an 8 to 9 percent slope. Mr. Bell then forwarded Morrison-Maierle's recommendation for Option No.2, with the designated bike way rather than a designated bike lane. Responding to Commissioner Stueck, City Engineer Brawner reviewed the tree inventory on the south side of the street, as follows: there is one tree less than 10 inches in diameter, 21 trees which range from 11 to 17 inches in diameter and 22 trees which are 18 inches or larger. Commissioner Stueck asked about the possibility of striping a wider bike lane on one side of the street only, for two-way traffic. Mr. Bell responded that is the biggest "no no" as far as bicyclists are concerned. He stated that if a two-way bike lane is created, it must be a minimum of 10 feet wide, and should . be separated from the road system. Responding to questions from the City Manager, Mr. Bell stated that a curb and gutter is 1 ~ feet wide from the curb face, which means that the seam between the concrete and the asphalt would be almost in the center of a bike lane that was measured from the curb face. He then suggested that most people would ride a bicycle toward the outside edge of the asphalt paving to keep their pedals from getting too close to the curb; and the seam should not create any problems. Responding to Commissioner Frost, Director of Public Service Phill Forbes stated that the issue of bull noses at the intersection of South Willson Avenue and West College Street has not been considered in conjunction with this project because the bull noses are designed to restrict the width of South Willson Avenue. He then stated that installation of this project will . not have any impact on that project. Responding to questions from Commissioner Stiff, Mr. Bell stated that, while the slope on West College Street does not meet recommendations, the cost escalation is too great to bring this street into compliance. He then assured the Commission that a 7-percent slope 06-27-94 - --- - 4 - on the north side will not create any problems; and driving on the improved street will be essentially no different than it is today. Commissioner Stiff noted that Option No.2 would have less impact on the tree inventory; but the estimated loss would still be $14,000 to $38,000, which is a significant . item. City Engineer Brawner stated that in his memo, Park Superintendent McNeil projects a loss of 10 percent of the trees if nothing is done with the street, on the north side in particular. Commissioner Frost responded that not all of those losses would occur this summer if nothing were done with the street width. Responding to questions from Commissioner Youngman, Planning Director Epple reminded the Commission that during public meetings on the transportation plan, members of the bicycling community expressed an interest in seeing bike facilities incorporated into the street system rather than having separate bike paths. Responding to the City Manager, the Planning Director stated that those comments typically came from bike commuters. . City Manager Wysocki cautioned the Commission that by placing stripes on the pavement, with a designated bike lane, the City is inviting bicyclists to use that lane; and they use it feeling they have some assurance of safety. He then expressed concern about the young bicyclist, who is not a good rider, feeling it is safe to use that lane. Responding to questions from Commissioner Stiff, Mr. Bell stated that in a shared roadway, the bicyclist typically rides along the right edge of the driving lane; and a 14-foot- wide shared driving aisle is considered adequate under AASHTO standards. Commissioner Youngman noted the striped edges along West Babcock Street between South 11 th Avenue and South 19th Avenue. She stated that the pavement extends approximately 1 % feet beyond the stripe; and then there is a wide gravel shoulder where bicyclists can ride. . Director of Public Service Forbes responded there are striped shoulders along West Babcock Street, Lincoln Street and Kagy Boulevard. He then noted that these streets do not have curb and gutter; and the stripes are designed to help drivers recognize the driving lane, rather than denoting bicycle lanes. He reminded the Commission that in this case, curb and gutter are to be installed; so the situation is different. 06-27-94 -- - 5 - Each Commissioner, in turn, selected a preferable option, based on City Engineer Brawner's memo. Commissioner Stueck stated his preference for Option No.2. Commissioner Frost stated his preference for Option No.3. He stated that he feels . the 14-foot-wide shared driving lanes will be adequate. He noted that maintaining the same street width will result in no loss of trees, which would result in decreasing property values along the street. He then stated that with the elimination of on-street parking, the existing situation will be greatly improved. Commissioner Youngman stated her preference for Option No.3. She noted that the trees are appreciated by residents along the street as well as drivers, bicyclists and pedestrians; and she feels it is important to protect them. She stated, however, she is concerned about whether this option will provide a safe environment for parents who pull children in carriers behind their bicycles. She then recognized that the elimination of on-street parking will dramatically improve the situation along that street. She concluded by noting that Option No. 3 is the least expensive, has the least amount of impacts and best saves the trees. . Commissioner Stiff stated that, all things considered, he prefers Option No.2. Mayor Vincent stated his preference for Option No.3. He stated that Option No.2 is appealing, except for the negative impacts it would have on the boulevard trees. He noted that the elimination of parking along the street will be beneficial and will assist traffic flow. Responding to Commissioner Frost, City Engineer Brawner stated that under Option No.3, there would be no striped bike lane; rather, a bike way would be provided in the shared lane. City Manager Wysocki cautioned that work on replacement of the curb and gutter could have some negative impacts on the trees in the boulevard. He stated that as a result of the trauma, one or two trees may be lost during this project, even though no street widening is to be done. . Responding to questions from Commissioner Youngman, Planning Director Epple stated that the overriding concern of the Bozeman Area Bicycle Advisory Board is to ensure that AASHTO standards are followed wherever possible. He stated that, while Option No.3 was not recommended in the transportation plan, it is an acceptable alternative and meets standards. 06-27-94 - 6 - Ordinance No. 1382 - amend zonina desianation from A-S to R-S - Tract 1. COS No. 748A: Tracts 1-5. COS No. 748C: and Tracts 3A and 3A 1. COS No. 748B. located in the SE%. Section 16. T2S. R6E. MPM (bounded bv Bozeman Trail Road. Canary Lane. Fort Ellis Road and Clover Meadows Subdivision) This was the time and place set for the approval and final adoption of Ordinance No. 1382, as approved by the City Attorney, entitled: . ORDINANCE NO. 1382 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE BOZEMAN ZONE MAP'S ZONING DISTRICT DESIGNATIONS FROM AN "A-S" (AGRICUL TURAL--SUBURBAN) DISTRICT TO "R-S" (RESIDENTIAL--SUBURBAN), ON TRACT 1, CERTIFICATE OF SURVEY NO. 748A. TRACTS 1-5, CERTIFICATE OF SURVEY NO. 748C, AND TRACTS 3A AND 3A 1 (REMAINDERS) OF CERTIFICATE OF SURVEY NO. 748B, ALL SITUATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 16, TOWNSHIP 2 SOUTH, RANGE 6 EAST, MONTANA PRINCIPAL MERIDIAN, IN THE CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the Commission approve and finally adopt Ordinance No. 1382, amending the zoning designation from A-S, Agricultural--Suburban District, to R-S, Residential--Suburban Country Estates District, on Tract 1, Certificate of Survey No. 748A; Tract 1-5, Certificate of Survey No. 748C; . and Tracts 3A and 3A 1, Certificate of Survey No. 7488, located in the Southeast one-quarter of Section 16, Township 2 South, Range 6 East, Montana Principal Meridian on second reading. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Stueck, Commissioner Frost, Commissioner Youngman and Mayor Vincent; those voting No, none. Ordinance No. 1383 - establishing Denalties for violations of neighborhood Darking district This was the time and place set for the adoption and final approval of Ordinance No. 1383, as approved by the City Attorney, entitled: ORDINANCE NO. 1383 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, . MONTANA, AMENDING THE BOZEMAN MUNICIPAL CODE BY AMENDING SECTION 10.32.390, PERTAINING TO THE PROHIBITION OF IMPROPER USE OF RESIDENTIAL PARKING PERMITS AND ADDING SECTION 10.32.410.B.4 ESTABLISHING THE PENALTY FOR IMPROPER USE OF RESIDENTIAL PARKING PERMITS. It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the Commission approve and finally adopt Ordinance No. 1383, establishing penalties for improper 06-27-94 - - 7 - use of residential parking permits in the neighborhood parking district. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none. . Possible decision - Zone Code Amendments ~ amending Dortions of ChaDters 18.04. 18.42. 18.43. 18.50. 18.51. 18.52. 18.53.18.54. 18.58.18.62 and 18.65 of the Bozeman MuniciDal Code to clarify and SimDlify develoDment review Drocesses. standards and criteria (Z-9445) Mayor Vincent reminded the Commission that the public hearing on the proposed zone code amendments was held last week, with the period for written comment being closed at 4:00 p.m. on Thursday, June 23. At the Mayor's request, the City Manager entered the written testimony into the record, as follows: letter from Don Bachman, 109 North Broadway, dated June 22; letter from Cheryl Ott and Joyce Thompson, 321 East Mendenhall Street, dated June 22; letter from Jennifer Smith Mitchell, 122 South Church Avenue, dated June 22, along with petition signed by several residents of the community; letter from Carol Dietrich, 120 East Story Street; letter . from Matt & Kristi Lavin, 311 South Tracy Avenue, dated June 23; and letter from Linda Nicholson, dated June 23. Mayor Vincent stated that, after the Commissioners have received responses to all of their questions about the proposed zone code amendments, the Commission will go through those amendments, page by page, to determine if any revisions are to be made prior to adoption of the amendments. Mayor Vincent noted that at the heart of most of the written testimony received is a concern that the proposed changes will diminish public input into the process. He then asked Senior Planner Wall to address that concern. Senior Planner Kevin Wall stated that the written comments are the same as the comments which were received during the Planning Board hearing. He stated that the public . notice requirements have all been incorporated into one section of the code; and only minor revisions are reflected in the amendments. He stated that projects which involve small cosmetic changes to single.family residences or garages that are appropriate under the zone code, an in-house review, through the Administrative Design Review (ADR) staff, will be conducted with no public notice. All other projects will be noticed, essentially as they have 06.27-94 ------.. ..----..---.. ---.--.----.. - ..-.-- - 8 - been in the past. He then noted that the provision for public input will be the same as it is now under these proposed amendments. Planning Director Andy Epple stated that when the Planning Board conducted its review of the proposed zone code amendments, it felt that the pendulum had swung too far. . With their revisions to the proposed zone code amendments, the changes have been minimized, with only changes to single-family structures which comply with the zone code regulations being excepted from public notice requirements. He characterized the effect of this change as expanding the minor alterations review process, which is conducted in-house and typically takes two to three days. He noted that in the past, this type of review has been limited to porches which are not visible from the public right-of-way, fences and minor window changes. He stated that in the original amendments, the in-house review was to be allowed for projects involving up to four-plexes. After listening to public testimony, the Planning Board recognized that proposal was clearly unacceptable, and revised the amendment to limit reviews to single- family residences. Responding to questions from the Commission, the Planning Director stated that the . appeals process is available to those who may not like what is approved through an in-house review for a single-family residence. He then stated that once a building permit has been issued, however, an appeal can no longer be made. He also recognized that, in reality, appeals of the in-house review probably would not occur. Responding to Commissioner Frost, Senior Planner Wall stated that during the busy season, an in-house review would probably take one to one and one-half weeks; during the off season, it would probably take two to three working days. He recognized that, while the process would be essentially the same for a single-family residence as for a porch, the review of a single-family residence would be a little more comprehensive. Mayor Vincent asked if staff anticipates a problem with establishing a flow chart for the various processes, noting that issue was discussed last week. He also asked if that chart . could be completed by the time the ordinance is adopted. Senior Planner Wall stated there appears to be a consensus that a flow chart is needed; and he sees no problem in developing one. City Attorney Luwe stated that, while he does not believe that the flow chart needs to be a part of the ordinance adopting the amendments, the Commission could require that it 06-27-94 __. ...__m_n ____..._ - 9 - be completed prior to final adoption of the ordinance, so that both documents are available upon completion of the amendment process. Planning Director Epple noted that, when reviewing the testimony which has been submitted, it is readily evident that, while people don't want to be told what to do with their . homes, they want to retain the ability to comment on the neighbor's house. Commissioner Stiff stated his appreciation for the public input received on these proposed amendments, noting that it drew his attention to provisions that he might have otherwise overlooked. He then stated that he has been close to the weekend review process on more than one occasion; and he is impressed with the way that procedure has functioned. He then expressed concern about the references to color in the code, stating he feels that is not the City's business. He then stated that, while he is strongly supportive of public input into the processes, he does not feel the pUblic should take over the process. He then expressed concern about the proposal that the Planning Director or his designee be designated as Chair of the Design Review Board (ORB), characterizing that as a conflict of interest. He also forwarded his concern about the composition of the Design Review Board. . Commissioner Frost stated there is a substantial amount of misinformation being disseminated about these proposed zone code amendments. He then asked Senior Planner Wall to once again review the issue of code violations versus grandfathered non-conforming uses and building code violations. Senior Planner Kevin Wall stated that active violations to the zone code, which have not gone through the review process or for which a building permit has not been obtained, are the type of violations to which the code applies. He stated that "grandfathered" is a slang term for legally non-conforming uses, which were actually legal when they were implemented; and those are not considered violations. He then noted that legally non-conforming uses comprise a majority of the neighborhood conservation overlay district; and the deviation process has been implemented as a method of encouraging those non-conformities to continue in existence. . Responding to questions from Commissioner Frost, the Senior Planner stated that the requirements for serving on the Administrative Design Review staff are essentially the same as the requirements for serving on the Design Review Board. He then stated that at the present time, as far as he is aware, he is the only member of the Planning staff who holds a Master of 06-27-94 - 10- Architecture and Urban Design degree from an accredited school of architecture, noting that he is not, however, a licensed architect. Commissioner Frost forwarded his concern about creating a one-member ADR, noting the importance of having more than one person involved in a review process. He suggested . that the code amendments be revised to include the provision that if the ADR drops below a two-member board, all applications are forwarded to the Design Review Board. Planning Director Epple stated that he will be interviewing this week to fill the current vacancy, which was created when an employee with a degree in architecture left the City's employ. He then stated that the requirements for this vacancy include a degree in one of the design disciplines, such as architecture or urban design. Of the three individuals to be interviewed, two have degrees in architecture, with one of those being a licensed architect; and the other has a degree in landscape architecture. Responding to additional questions from Commissioner Frost, the Planning Director stated he anticipates that at least one planner on staff will be degreed in architecture or a design discipline, even if growth slows and the size of the Planning staff is decreased. . Responding to Commissioner Frost, the Senior Planner stated that the level of sketch plan required varies with the scope of the project. He then stated that, typically, the requirements for a sketch plan submittal are very minimal. Commissioner Frost noted that when the Design Review Board was initially created, they accepted oral public input during their meetings. He then stated he would like to see that process re-instituted, and asked if that might be possible with a Planning staff person chairing the meetings. He observed that in the past, the Design Review Board has not had a chair; and some of the meetings have gotten out of control. He feels that with a strong Chair, public input could be received without disrupting the meeting; and that input could be beneficial to the ORB. Planning Director Epple noted that the ORB meeting agendas have sometimes included . ten to twelve items; and it is imperative to move through the process as quickly as possible. He then reminded the Commission that written testimony has always been received, and has been carefully considered by the ORB. He suggested that with the creation of an AOR, some of the workload will be removed from the ORB agenda; and that might allow for the addition of public comment into the process once again. 06-27-94 - 11 - Commissioner Frost then raised the issue of non-professional members on the Design Review Board. He noted that one of the non-professional members has served in an excellent manner; however, she has proven to be the exception rather than the rule. He forwarded his position that, unless some mechanism can be established under which the productivity of a . non-professional member could be guaranteed, he feels the Board should be strictly a professional board. Commissioner Stiff reiterated his concern about designating the Planning Director as Chair of the ORB, stating he feels that is a conflict with which he is not comfortable. He then stated he feels that a non-professional member can be retained on the ORB, noting there is a substantial amount of talent in the community. He also forwarded his concern about opening the ORB meetings up to public comment. Responding to Commissioner Youngman, Senior Planner Wall stated that the Historic Preservation Advisory Commission has a volunteer board of architects who are willing to work with people on pending projects. He then indicated that it would be possible to include that option on the flow chart, prior to Step No.1. . Commissioner Youngman then asked several questions about allowing public input at the Design Review Board meetings, to which Senior Planner Wall and Planning Director Epple responded. Under Mayor Vincent's leadership, the Commission proceeded through the proposed amendments to the zone code, as contained in the listing of amendments dated June 7, 1994. Section 18.42.010, on Pages 1 and 2. Commissioner Youngman asked if the Commissioners were interested in adding language back into this section which indicates that public input does matter and assuring the public that in most cases, public notice will be given. She suggested that such a revision could either be made in the third paragraph of the section or by reinserting Subsection F. Following discussion, the Commission concurred in adding the language back into the . third paragraph, revised slightly to add reference to the" Administrative Design Review" staff and excepting "minor alterations as defined herein". City Manager Wysocki asked if a definition for "weighed heavily" or "weighed equally" will need to be added if reference to that type of consideration is added to the zone code in response to public comment. 06-27-94 ---.- .-.---.- - - ...........-.- .----..- _n.___. - 12 - City Attorney luwe reminded the Commission that at last week's meeting, they were cautioned that this type of language is difficult to incorporate into the code. He then stated that if that type of language is added, then a definition should accompany it. Section 18.42.060.8. Pages 6- 7. Responding to Commissioner Youngman, the . Commissioners determined the language is appropriate as written. Section 18.43.020. Page 11. Mayor Vincent suggested that in the second paragraph, the phrase "shall have substantial weight" be changed to "shall be given careful consideration". The Commissioners concurred. Section 18.51.010.C. Pages 173-174. The Commission discussed the composition of the Design Review Board quite extensively. Commissioner Stueck suggested that the language of this section be amended to allow for one non-professional member with some type of definable expertise, such as an individual involved in real estate or development. He then stated that one of the complaints he heard during his campaign was that the DRB is not "user friendly", noting the real perception is that they are arrogant and impolite. He suggested that if a non-professional were included, . the board would appear to be more user friendly. Commissioner Frost suggested that the traits listed above represent a social trait rather than a professional trait. Planning Director Epple concurred, noting that an all professional board could be a very friendly board. He characterized it more as a function of personality than background. He then noted that the individual about whom staff has received the most complaints about being impolite has been a non-professional member. The Planning Director then reminded the Commission when staff was directed to pursue amendment to this specific section of the code, it was on the basis that, from a legal standpoint, a decision by an all-professional board might be more defensible than a decision made by a board with mixed professional and non- professional membership. He noted that in court cases, the plaintiff will ask for copies of the . resumes of each of the board members in an effort to determine whether each of the members was qualified to make a decision on an issue. Commissioner Youngman stated that she can accept composition of the board with or without a non-professional member, although she does feel that a non-professional member 06-27-94 - 13 - can provide a "reality check". She then stated she feels it is important for the Commission to establish some clear guidelines for removal of appointees from the board for a valid reason. Commissioner Frost emphasized the need for a good Chair, suggesting that could alleviate many of the complaints which have been forwarded. He stated that at the present . time, the board members view each other as peers; and no one is willing to challenge another member. Commissioner Stiff expressed concern about the potential for tie votes with a six- member board. Mayor Vincent stated he feels that the non-professional position should be referred to as a qualified non-professional position. He stated that in many instances, a "non- professional" may be as qualified as a "professional", except that he or she does not have a piece of paper. He then cited his biases against that differential, noting that he cannot teach upper level government classes at the High School or teach at MSU because he does not have the appropriate piece of paper, although he does have sixteen years of experience at the State Legislature and over two years of experience on the City Commission. . Mayor Vincent then stated he does not feel that an unqualified individual should be appointed to a qualified non-professional position, if one is established. He stated, rather, one should be appointed on the basis of background, experience and knowledge. The Commission discussed the possibility of a non-voting, non-professional position, with that individual serving as Chair of the Design Review Board. Following that discussion, it was determined that the Commission may have difficulty in filling the position if it were designated as a non-voting position. After the discussion, four of the Commissioners agreed to reinstate one non- professional position on the Design Review Board, including the language which is in the existing code. Responding to concerns expressed by the Commissioners, City Attorney Luwe stated . that, if the Commission wishes, he can prepare a resolution or an ordinance establishing a policy and procedure for removal of appointees. He reminded them, however, that they have that ability at this time. Section 18.51.010.D. Page 174. Commissioner Stueck asked if this section should be amended to allow for public input, or if that is a procedural issue. 06-27-94 ----.. ---. .----.,. - 14 - Senior Planner Wall suggested that is a procedural issue. He noted there is nothing in the code which precludes public input. The Commission concurred. Section 18.51.010.C. Page 175. Planning Director Epple characterized this revision . as an attempt to streamline the code, get all of the notice requirements in one section, and standardize the notice requirements. Section 18.52.020.C. Page 178. The Commission determined it would be appropriate to add a parenthetic expression after the statement which indicates "(a legally non- conforming use is not a violation)". Responding to a question from Commissioner Frost, Senior Planner Wall suggested that a statement could also be added to Section 18.52.020.B.2. which states that if there are less than two members on the ADR, the application will be submitted to the ORB for review. Section 18.52.050.A.1.e. Page 188. Responding to Mayor Vincent, Senior Planner Wall stated this section has been moved to Section 18.42.060.8.9., on Page 7, which lists the items to be considered when reviewing an application for a Certificate of Appropriateness. . Section 18.58.020.8. Page 239. Staff is to clarify the language of appeals from "AOR to City Commission, upon a recommendation from the ORB". Section 18.58.080. City Attorney Luwe cautioned that any revisions to this section will need to be considered in the next zone code amendment process, since it was not included in the notice for this public hearing. Since the section-by-section review as completed, City Attorney Luwe suggested that the Commission make its final decision on the language for the zone code amendments at next week's meeting. He then noted that those revisions must be incorporated into an ordinance, which will probably take a minimum of two weeks; and the Commission must then adopt the ordinance twice. He estimated that will give the staff approximately a month to complete the flow chart; and final adoption of the ordinance can be held until the flow chart is complete, if . necessary. He then reminded the Commission that the amendments will not become effective until thirty days after final adoption of the ordinance. Authorize City Manager to sign - letter of clarification for SID for 662 City Manager Wysocki reminded the Commission that he had requested this item be 06-27-94 --.-" -- --.. ------ ~ --- ~, - 15 - removed from the Consent Items. He then noted that just prior to the beginning of the Commission meeting, a revised letter was distributed. He asked that the Commission authorize him to sign the revised letter. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the . Commission authorize and direct the City Manager to sign the revised letter of clarification for Special Improvement District No. 662. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Stueck, Commissioner Youngman and Mayor Vincent; those voting No, none. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Discussion draft of the calendar of events for preparation of the budget for Fiscal Year 1994-1995. City Manager Wysocki stated he has a conflict with the proposed work session set . on Thursday, July 14, and asked that the Commission consider moving it to the evening. During discussion on the proposed work sessions, concern was expressed about setting work sessions for four afternoons in a row. As a result of the discussion, the following times were set for work sessions: Tuesday, July 12, in the afternoon; Friday, July 15, in the afternoon; Tuesday, July 19, in the evening; and Friday, July 22, in the afternoon. (2) Memo from Neighborhood Coordinator/Grantsperson James Goehrung, dated June 23, asking for Commission direction on what type of setting is desired for formal presentation of the housing task force recommendations. Commissioner Youngman suggested that the recommendations should be submitted to the Commission before a formal presentation is made in a public setting. The City Manager suggested that they be placed in next week's packet as an "FYI . Item". At next week's meeting, the Commission could then decide when to schedule the public meeting. (3) Copy of a letter from Bob and Teri Burrows, 1905 South Rouse Avenue, dated June 15, stating opposition to the Bates sculpture. 06-27-94 - 16 ~ (4) Copy of a letter from Joann Staffanson, 404 Cutting, stating opposition to being required to install sidewalks under the 1993 Sidewalk Program. (5) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, June 28, at the Carnegie Building. . (6) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, June 28, at the Carnegie Building. (7) Agenda for the County Commission meeting to be held 1 :30 p.m. on Tuesday, June 28, at the Courthouse, along with daily minutes for the week of June 13. (8) The City Manager submitted his weekly report, as follows. (1) Stated that three civil defense sirens have been identified, for which the City has been paying nearly $200 a month in telephone line charges. He stated that since these sirens have not even been tested for at least five years, he has authorized the discontinuance of those telephone lines. He noted that with other modern equipment which is now available, communication is even better than through the use of the sirens; and since educational programs about the sirens have not been held in the last several years, people would not know how to respond if they were used. (2) . Noted that girders are being strung for the North 19th Avenue interchange. (3) Stated that staff opened bids for janitorial services last week and, due to changes in the contract services, the costs will be substantially less. (4) Announced that City crews are painting crosswalks. (5) Announced that bids were opened for installation of signs for the neighborhood parking district; only one bid was received, and it was high. (6) Stated that, hopefully, the budget recommendations will be completed next week. (9) Commissioner Stueck stated that he and his wife laid out the parking lot at the park on West Babcock Street over the weekend. (10) Commissioner Youngman stated the ad hoc committee to review cable television franchising options has been making telephone calls rather than traveling. She then stated that some members have asked if they can be reimbursed for making telephone calls . from their personal phones. Also, the committee wishes to invite Mary Canty, who has been actively involved in cable television franchising in Missoula, to meet with the committee on July 12 and to hold a public meeting on the issue. She stated that Ms. Canty is not seeking any stipend, but would like her mileage and meals covered. She then indicated that Ms. Canty 06~27-94 - "~"- -. ~":""1":~",.-.-._ . .~ "...,. . -- - - - - - ~.....\_;..~~'_.'._ ',T:,..<~. - 17 - would be available to meet with Commissioners, possibly at a breakfast meeting on Wednesday, July 13, to discuss this issue further. The City Manager suggested that an item be placed on the consent agenda for next week's meeting authorizing expenditure of up to $500 from the "Other" line item in the City . Commission's budget unit to cover those costs. (11) Commissioner Stiff stated he is forwarding a letter from Mrs. Donna Littleton regarding the temperature at the City pool. Mayor Vincent stated he has already submitted his copy of the letter, attached to a situation report. ( 12) City Attorney luwe submitted the following. (1) Stated that the installation of monitoring wells around the Bozeman Solvent Site is to begin this week, in preparation for removal and replacement of the sewer line in September. (2) Announced that the City has received a check in the amount of $11,376.93, as Safeco's pro rata share of costs incurred. He then stated that a similar pro rata agreement is being negotiated with another insurance company at the present time. . (13) Clerk of the Commission Sullivan briefly highlighted next week's agenda, which includes seven public hearings. (14) Commissioner Stiff expressed concern about the Commission's inability to talk to members of the public regarding items which are to be the subject of a public hearing. City Attorney luwe responded by cautioning the Commissioners against talking to anyone about an item that is coming before them in a public hearing setting. He suggested that if someone approaches them, they calmly and politely point out that listening to their comments outside the hearing process could jeopardize the appeal process and damage their position. He stated that if the conversation is couched in terms of their best interests, people are usually receptive. Commissioner Stueck stated he has been asked to have lunch with an individual on . Thursday; and he does not know if that individual is connected with any of the public hearings scheduled before the Commission. The City Attorney cautioned that the Commissioners must avoid any perception of meeting with one side or the other prior to a hearing. He then suggested that if a 06-27*94 - 18 - Commissioner finds himself or herself in an unexpected position, it is simply best to respond that he or she cannot talk about the issue since it is the subject of an upcoming hearing. (15) City Manager Wysocki stated he was not pleased with the newspaper article which appeared over the weekend. He cautioned the Commissioners about talking to the press . about an issue for which an attorney or a developer has threatened a lawsuit, encouraging them to talk to the City Attorney before making any type of statement. ( 16) Mayor Vincent submitted the following. (1) Stated that petitions to place CI66 and CI67 on the ballot have been successful, cautioning the Commission that the impact that passage of those constitutional initiatives would have on the City should be carefully considered during the budgeting process. (2) Noted the recent court ruling that the telephone company will be allowed to compete with the cable television company in the near future. He also noted that new technology is providing a 500-channel window ledge dish. He stated that with these sweeping changes in the industry, cable television will probably change substantially; and those items should be carefully reviewed when considering a cable television franchise agreement. . Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Reauest for Dermission to close North Black Street from Main Street to East Mendenhall Street for welcome of the indeDendent Order of Foresters- Downtown Bozeman Association - Tuesday. July 5. 1994. 10:00 a.m. Award bid for ianitorial services for sDecified City and County buildings for the Deriod July 1. 1994 through June 30. 1996 - Davis Maintenance. Bozeman. Montana - in the bid amount of $30.900 annually for City buildings Commission Resolution No. 2984 - authorizing the purchase of road oil and sundry construction materials from the Montana DeDartment of TransDortation during Fiscal Year 1994-1995 on an as needed basis . COMMISSION RESOLUTION NO. 2984 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOlEMAN, MONTANA, AUTHORIZING THE PURCHASE OF ROAD Oil AND SUNDRY CONSTRUCTION MATERIALS FROM THE MONTANA DEPARTMENT OF TRANSPORTATION DURING FISCAL YEAR 1994-1995 ON AN AS NEEDED BASIS. 06-27-94 ~ _n._ - 19 - Commission Resolution No. 2985 - authorize City's DarticlDation in INTERCAP Revolvina Loan Proaram: authorize City Manaaer to sian attendant documents ($500.000 loan for renovation of Law and Justice Center) COMMISSION RESOLUTION NO. 2985 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, . MONTANA, AUTHORIZING PARTICIPATION IN THE BOARD OF INVESTMENTS OF THE STATE OF MONTANA ANNUAL ADJUSTABLE RATE TENDER OPTION MUNICIPAL FINANCE CONSOLIDATION ACT BONDS (lNTERCAP REVOLVING PROGRAM), APPROVING THE FORM AND TERMS OF THE LOAN AGREEMENT AND AUTHORIZING THE EXECUTION AND DELIVERY OF DOCUMENTS RELATED THERETO. It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost and Mayor Vincent; those voting No, none. Adjournment - 6:25 D.m. There being no further business to come before the Commission at this time, it was . moved by Commissioner Stiff, seconded by Commissioner Stueck, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Stueck, Commissioner Frost, Commissioner Youngman and Mayor Vincent; those voting No, none. "'-'-co .......... JO!-' ATTEST: ~/h~ ROBIN L. SULLIVAN Clerk of the Commission . 06-27-94