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HomeMy WebLinkAbout2002-10-07 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA October 7, 2002 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, October 7, 2002, at 7:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner Marcia Youngman, Commissioner Lee Hietala, Commissioner Jarvis Brown, Commissioner Andrew Cetraro, City Manager Clark Johnson, Director of Public Service Debbie Arkell, Planning Director Andy Epple, City Attorney Paul Luwe and Clerk of the Commission Robin Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - January 18, 2000, and May 13, September 30, October 1, October 2 and October 3, 2002 It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the minutes of the meetings of September 30 and October 1,2002, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, and May 13, October 2 and October 3, 2002, to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Ordinance No. 1577 - establishing an initial municipal zoning designation of "B-2" on 22.842-acre parcel located in the NE%, Section 1, T2S, R5E, and the NW%, Section 6, T2S, R6E, MPM (east of WalMart, between Oak Street and Interstate 90); finally adopt ORDINANCE NO. 1577 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP BY ESTABLISHING AN INITIAL ZONING DESIGNATION OF "B-2" (COMMUNITY BUSINESS DISTRICT) ON 22.842 ACRES SITUATED IN THE NORTHEAST QUARTER OF SECTION 1, TOWNSHIP 2 SOUTH, RANGE 5 EAST, AND NORTHWEST QUARTER SECTION 6, TOWNSHIP 2 SOUTH, RANGE 6 EAST, PRINCIPAL MERIDIAN MONTANA. Ordinance No. 1578 - discontinuing and vacating those portions of North 5th Avenue and Baxter Lane located between the north right-of-way line of West Oak Street and the east right-of-way line of North 7th Avenue; finally adopt ORDINANCE NO. 1578 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DISCONTINUING AND VACATING THOSE PORTIONS OF NORTH 5TH AVENUE AND BAXTER LANE GENERALLY LOCATED BETWEEN THE NORTH RIGHT-OF-WAY LINE OF WEST OAK STREET AND THE EAST RIGHT-OF-WAY LINE OF NORTH 7TH AVENUE IN THE CITY OF BOZEMAN, MONTANA. 10-07-2002 Ordinance No. 1579 - revising Section 10.32.250 of the Bozeman Municipal Code, establishing requirements for compliance with posted time limits for parking ORDINANCE NO. 1579 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTION 10.32.250 OF SAID CODE, ESTABLISHING REQUIREMENTS FOR COMPLIANCE WITH POSTED TIME LIMITS FOR PARKING ON THE SAME BLOCK FACE OR WITHIN 500 FEET OF WHERE ORIGINALLY PARKED. Ordinance No. 1580 - revising Section 10.32.410 of the Bozeman Municipal Code, adjusting the fines for overtime parking ORDINANCE NO. 1580 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTION 10.32.410 OF SAID CODE, PROVIDING FOR ADJUSTMENTS IN FINES FOR OVERTIME PARKING. Ordinance No. 1581 - establishing the monthly salary of the Municipal Judge, effective July 1,2002; provisionally adopt and bring back in two weeks for final adoption ORDINANCE NO. 1581 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING THE MONTHLY SALARY OF THE MUNICIPAL JUDGE OF THE CITY OF BOZEMAN AS REQUIRED BY THE BOZEMAN MUNICIPAL CODE. Commission Resolution No. 3548 - authorizing the recording of deeds of land purchased under threat of condemnation along West Babcock Street COMMISSION RESOLUTION NO. 3548 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO THE RECORDING OF DEEDS OF LAND PURCHASED UNDER THE THREAT OF CONDEMNATION OF PROPERTIES LOCATED ALONG WEST BABCOCK STREET BETWEEN WEST MAIN STREET AND FERGUSON AVENUE; DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO HAVE THE CITY ENGINEER RECORD THESE DEEDS PURSUANT TO §76-3-201(1)(a) MCA. Commission Resolution No. 3549 - authorize City Manager to sign Change Order No. 17 for SlD No. 669 (downtown streetscape enhancement) and fire service lines - Concrete Specialties of Montana, Inc., Belgrade, Montana - add $14,969.00 and 0 calendar days COMMISSION RESOLUTION NO. 3549 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING ALTERATION/MODIFICATION OF CONTRACT WITH CONCRETE SPECIALTIES OF MONTANA, INC., BELGRADE, MONTANA. Commission Resolution No. 3550 - intent to create SlLD No. 672 (Cattail Creek Subdivision, Phase I); set public hearing for October 28, 2002 10-07-2002 COMMISSION RESOLUTION NO. 3550 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT NO. 672 (CATTAIL CREEK, PHASE I) DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF INSTALLING AND MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR INSTALLATION, RENTAL, MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT. Commission Resolution No. 3551 - intent to create SILD No. 673 (Harvest Creek Subdivision, Phase V); set public hearing for October 28, 2002 COMMISSION RESOLUTION NO. 3551 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT NO. 673 (HARVEST CREEK SUBDIVISION, PHASE V); DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF INSTALLING AND MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR INSTALLATION, RENTAL, MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT. Authorize City Manager to sign - Contract Agreement with United Rentals Highway Technologies, Inc., Billings, Montana - for pavement marking project Authorize writing off of outstanding water accounts, as listed in staff memo dated September 18, 2002 Acknowledge receipt of application for annexation - Evangelical Free Church - 0.7043 acres located at 1701 South 19th Avenue; refer to staff Claims It was moved by Commissioner Hietala, seconded by Commissioner Brown, 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 Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. Ordinance No. 1582 - adopting comprehensive revisions to subdivision regulations Included in the Commissioners' packets was a copy of Ordinance No. 1582, as approved by the City Attorney, entitled: ORDINANCE NO. 1582 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING A NEW SUBDIVISION ORDINANCE TO BRING THE CITY'S SUBDIVISION REGULATIONS INTO COMPLIANCE WITH STATE STATUTE AND INTO CONFORMANCE WITH THE RECENTLY ADOPTED MUNICIPAL GROWTH POLICY. At Mayor Kirchhoff's request, Associate Planner Jody Sanford gave an overview of the revisions made to the subdivision regulations as a result of the public hearings and Commission direction. She stated that Planning staff met with representatives from the Parks Department, Recreation and Parks Advisory Board, and Gallatin Valley Land Trust to address some of their concerns regarding the section on parks, trails, and neighborhood centers. As a result of that meeting, several changes have been made to Chapter 16.14 to address the concerns they had identified and to clarify those provisions about where there was confusion. 10-07-2002 -4- The Associate Planner turned her attention to the section on lighting, stating that it has been revised to utilize the small target visibility (STV) methods for establishing lighting requirements. She stated that, based on research done by staff, it appears this lighting scheme is customized to a particular subdivision and is designed to decrease the likelihood of overlighting while providing for safety and security. She indicated that the criteria to be used are identified in the book Roadway Lighting - RP-8-00", published by the Illuminating Engineering Society of North America. She noted that if it is determined this method does not result in the desired level of lighting in new subdivisions, staff will forward suggested revisions. Planning Director Epple stated that staff also considered the suggestion that amendments be made to the section on ridgelines and viewsheds. As a result of that review, staff determined the issue is more appropriately addressed in the zone code, and is prepared to undertake such an amendment if the Commission so desires. Ms. Anne Banks, Chair of the Subdivision Review Subcommittee for the Recreation and Parks Advisory Board, stated her support for the revisions to the sections pertaining to neighborhood centers and trails. She voiced concern that the proposed limitations on the size of neighborhood centers could have resulted in park fragmentation, particularlyifthe center qualifies as part ofthe parkland dedication requirement. Removing that limitation will help to ensure that fragmentation does not occur. She then turned her attention to trails in stream setbacks, noting that the revised language allows for a minimal amount of trails in those setbacks while ensuring those corridors are adequately protected. She concluded by forwarding the Board's position that it is the City's responsibility to fund maintenance and development of parkland rather than placing that burden on the developer. She cautioned that this proposed shift can result in reinforcing the perception that dedicated parkland is for the benefit of the development only and not the community in general. Also, this requirement makes it more difficult for the City to acquire land for speciality parks, such as a skate park or disc golf park. Responding to a question from Ms. Banks, Planning Director Epple stated the City has consistently obtained waivers from developers and property owners for various improvements. He asked that the waivers for a park maintenance district not be separated out from the other waivers. He then indicated it is staff's hope that a park maintenance district can be created in the near future to address those needs. Responding to comments from Commissioner Brown, Ms. Banks voiced skepticism that Bozeman would benefit from a county-wide park maintenance district, particularly in light of the County's level of funding for the libraries. Itwas moved by Commissioner Brown, seconded by Commissioner Cetraro, that Ordinance No. 1582, adopting comprehensive revisions to the subdivision regulations, be provisionally adopted and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Youngman and Mayor Kirchhoff; those voting No being Commissioner Cetraro and Commissioner Hietala. (1) Thompson. (2) (3) Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. Letter of resignation from the Cemetery Board dated September 30, submitted by Dallas Letter from Tim Raubinger, Belgrade, dated September 24, regarding big box stores. Copy of the notice regarding removal of artificial flowers and containers from the Sunset Hills Cemetery for fall clean-up. (4) Headwaters Recycling Newsletter announcing that the next meeting is scheduled for October 9 in Boulder. (5) Listing of planning projects to be considered at upcoming meetings. 10-07-2002 -5- (6) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, October 8, at the Fairgrounds. (7) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, October 8, at the Professional Building. (8) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, October 8, at the Professional Building. (9) Agenda for the County Planning Board meeting to be held at 6:30 p.m. on Tuesday, October 8, in the Commission Room. (10) Minutes from the Community Affordable Housing Advisory Board meetings held on August 21 and September 18, 2002. (11) Minutes from the Board of Health meeting held on August 22, 2002. (12) City Manager Johnson submitted the following. (1) Announced that he will be out of the office several times during the remainder of the month to attend the Montana League of Cities and Towns Convention, to take a short vacation with his family, and to have surgery on his arm. (2) Noted that scheduling conflicts have arisen with the first weekend in November and asked if the Commissioners can participate in the Sky Ranch seminar on November 8 and 9. (13) The City Manager noted that the agenda for the October 28 Commission meeting is full, with presentation of the transit task force report in the afternoon and discussion regarding the solid waste transfer station in the evening. In light of the anticipated number of people who will be attending the solid waste transfer station meeting, the Commissioners asked that the evening session of the meeting be relocated. (14) Planning Director Epple submitted the following. (1) Noted that public hearings scheduled for upcoming Commission meetings include the proposed big box ordinance on November 12 and the cell tower ordinance on November 18. (2) Stated that Baxter Meadows Development continues to feel that they should receive parkland dedication credit for the land sold to the County; and Planning staff continues to contend that they should not. (3) Noted that the former Ford dealership at the corner of South 19th Avenue and West Main Street is being redeveloped as an Audi dealership, and will include an addition to the existing building, landscaping and site improvements. (15) Director of Public Service Debbie Arkell announced that South Church Avenue between East Main Street and East Babcock Street is to remain closed until probablythe third week of October. She noted that the street has been closed for the construction of Jacob's Crossing and the Dunbar Building, and staff is hesitant to reopen the street until the wooden sidewalk is removed because of limited visibility on the south leg of the intersection. She also stated that the sidewalk in front of Jacob's Crossing is an issue, since its elevation is a foot different from the ground floor of the building. (16) The Director of Public Service submitted the following. (1) Announced that water will be shut off for approximately two hours on Wednesday afternoon while a water main across East Main Street at Black Avenue is maintained. (2) Announced that Highland Boulevard will be open on October 10. (3) Stated that written input regarding the transfer station is being forwarded to the Clerk of the Commission for inclusion in the Commissioners' packets for that meeting. (4) Stated that the Love Lane group will be meeting tomorrow night, and Project Engineer Karen Finke will be present to answer questions. (17) Planning Director Epple reminded the Commissioners of the walking tour along the South 11th Avenue alignment scheduled for 2:00 p.m. tomorrow afternoon. A majority of the Commissioners indicated their intent to attend. (18) Commissioner Youngman submitted the following. (1) Noted that the Love Lane neighborhood would like to have a Commissioner attend their meeting on Tuesday evening; Mayor Kirchhoff indicated a willingness to attend. (2) Stated that George Carter would like to have a Commissioner participate on his show 10-07-2002 -6- either later this week or on Tuesday or Thursday next week. Mayor Kirchhoff responded that the Commissioners are not the best educators on the issue; and he feels the show should be educational and factual. Director of Public Service Arkell stated she forbids City staff to participate in such programs, particularly since they often result in staff bashing. (3) Announced that Hallie Rugheimer has asked that the tape from the meeting for the transfer station site at the landfill be played in its entirety at the October 28 Commission meeting since only two Commissioners were in attendance; there was no support among the Commissioners for doing so. (4) Noted that questions were raised at some of the neighborhood meetings regarding whether the Commissioners anticipate making a decision on the transfer station site at the October 28 meeting. She stated the Commissioners will receive the economic analysis at that meeting and she anticipates a lengthy public comment period. She voiced her interest in not making a decision that night, noting the Commissioners should have an opportunity to review the information before making a decision. (19) Commissioner Youngman suggested that, in light of the issues and concerns raised during the neighborhood meetings, a special City newsletter be prepared and mailed out regarding the solid waste transfer station site selection process. She noted the newsletter could be targeted toward the basic questions and answers regarding the issue and could also provide some of the base information covered at the neighborhood meetings. She then distributed a list of draft questions forwhich responses could be prepared and indicated a willingness to work with staff to prepare the information for the newsletter. Mayor Kirchhoff noted that he supported the newsletter the last time because he recognized this mechanism is so rarely used and it had a good purpose. He then indicated a willingness to support this proposed newsletter because of the subject matter; however, he stated that future newsletters are to be done within a standard framework rather than on an ad hoc basis. A majority of the Commissioners indicated a willingness to support the proposal to prepare and mail a newsletter. Commissioner Cetraro suggested another mechanism for providing information might be through the Commissioners preparing guest columns for the newspaper. Executive session re litigation strate.qy At 8:45 pm., Mayor Kirchhoff announced that, pursuant to Section 2-3-203(4)(a), Montana Code Annotated, and the Montana Supreme Court rulings, he, as presiding officer, has determined that the discussion of strategy to be followed with respect to litigation in open meeting would have a detrimental effect on the litigating position of the City. He then called an executive session for the purpose of discussing litigation strategy and requested that all persons except the Commissioners, City Manager, City Attorney, Staff Attorney Cooper, Attorney Bob Planalp and the Clerk leave the room. At 9:55 p.m., Mayor Kirchhoff closed the executive session and reconvened the open meeting. Adjournment - 9:55 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Hietala, seconded by Commissioner Brown, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. ATTEST: Rl~rlN I. SULLIVAN Clerk of the Commission STEVEN R. KIRCPINO'FF, Mayor 10-07-2002