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HomeMy WebLinkAbout2005-06-27 Minutes, City Commission, WORK MINUTES OF THE WORK SESSION MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA June 27, 2005 ***************************** The Commission of the City of Bozeman met in work session in the Community Room, Gallatin County Courthouse, 311 West Main Street, on Monday, June 27,2005, at 7:00 p.m. Present were Mayor Andrew Cetraro, Commissioner Jeff Krauss, Commissioner Marcia Youngman, Commissioner Steve Kirchhoff, Commissioner Lee Hietala, City Manager Chris Kukulski, Assistant City Manager Ron Brey, 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. Public comment Ms. Sharon Dunn, 1419 South Church Avenue, noted her property is within city limits; however the property next door is in the county and is the site of NorthWestern Energy's substation expansion. She expressed concern that part of that expansion involves two 70-foot-tall poles, one of which is very close to her property line, and lines going up Peet's Hill. She also noted that NorthWestern Energy plans to put a 5.5 megawatt line over her neighbor's house; and all of the real estate agents to whom she has talked indicate power lines are bad for property values. Ms. Dunn voiced concern that the application for expansion has been reviewed and approved by the County, under its less restrictive permitting process, and that the City has not exercised the waiver of right to protest annexation by annexing the property. Planning Director Andy Epple responded that the City does not have any jurisdiction outside its city limits. He noted the County's process for siting of this type of facility is similar to the City's, with the County Commission being the decision-making authority. He then cautioned that research has revealed a local government does not have jurisdiction to limit a utility company's ability to upgrade its poles and distribution lines. County Planning Director Jennifer Madgic recognized that the County's setback requirements from the creek are more lenient that the City's and acknowledged that the facility would not have been allowed in its current location without a variance under the City's regulations. From a professional standpoint, she noted that the staff and County Commission found no basis upon which to deny the application for expansion. Responding to City Manager Kukulski, Planning Director Epple stated the waiver of right to protest annexation was a condition of the conditional use permit approval and acknowledged that it has not yet been exercised. Discussion - proposal for negotiation of cable television franchise aareement Included in the Commissioners' packets was a memo forwarding a letter from Doug Johnson, Tel- Mart, Inc., proposing negotiation of a franchise agreement with Bresnan Communications on behalf of the City of Bozeman. Distributed just prior to the meeting was a letter from former City Manager Clark Johnson expressing concerns about the proposed franchise agreement. " City Manager Kukulski noted that cable television franchise agreements allow the public to view their local government meetings. He suggested that, based on his knowledge of university towns with 30,000 or greater populations, there are only a handful without televised Commission meetings or a public access channel with which to communicate with the community. He noted that, the longer he is here, the more evidence he sees of a breakdown in communication. He further reminded the Commission that this is one of the items on his goals list for the fiscal year, although it is identified as a low priority. 06-27 -05 work ..--....------- .--....-..-..--------.-------.-.------ ..- - 2 - Mr. Doug Johnson gave an overview of cable television, which is operated through transmission of signals via communications satellites and reception by sophisticated electronic equipment at the "head end", or local cable television office. The signal is then transmitted over hundreds of miles of cable located within public rights-of-way controlled by the City and extended to customers' homes via a small service cable. He highlighted some of the upcoming technology and services that will be offered by cable television companies, and stressed that cable television currently serves an estimated 90 percent of the population. Mr. Johnson noted there are three types of local access channels, as follows: Public access channel, which is available to any member of the pUblic Educational access channel, which is available to educational units, both universities and public schools, with two to four hours of educational programming daily Government access channel, which is controlled exclusively by government Mr. Johnson turned his attention to the benefits of a cable television franchise agreement, noting it defines the relationship between the City and the cable television company and the local access that will be granted as well as other services to the governmental entity. He suggested that the unfiltered broadcast of Commission meetings can lead to more citizen participation and better public policy. Mr. Doug Johnson stressed that allowing a cable television company to run its infrastructure within the public right-of-way gives that company a huge competitive advantage over wireless providers. The City has the right to impose a maximum 5~-percent franchise fee on the cable television company, and estimated that in Bozeman the maximum fee would add $3.04 per month to the customer's bill and generate $273,000 annually for the City; a $2 fee would generate $180,000 annually; and a $1 fee would generate $90,000 annually. Mr. Doug Johnson gave a brief overview of his experience with cable television, noting that in the winter 1972, he began in the field by selling door-to-door in Bozeman and then installing the service. Since then, he has served as a general manager or regional manager in the Midwest and, most recently, Northwest Montana. With the closing of cable television offices in Montana and downsizing of management, his association with the company ended in April 2005. During his tenure with the cable company, he negotiated over twenty franchise agreements and, as a result, knows the typical negotiating points on both sides. He believes that experience can help him negotiate a franchise agreement that is beneficial to the City within six months, which is shorter than the typical negotiation period. Responding to Commissioner Youngman, Mr. Johnson estimated that a government access channel could get on the air for $60,000 to $80,000 in retrofitting the room, and purchasing production equipment, editing equipment and controlling equipment. City Manager Kukulski recognized the frustration of not being able to get a franchise agreement in place, noting that current staff does not have the time to push the process and the local cable television manager has not provided information since being requested to do so in November. Commissioner Hietala recognized the need to have someone to push this issue along and ensure the negotiations occur in the timely manner. Commissioner Youngman noted that this issue has been reviewed by three different task forces over the years, and each has come to the same conclusion. She then noted that the local PBS channel has been approached about operating the channel but has indicated it is not interested in doing so. Commissioner Krauss stated he is not willing to sit and wait for an agreement to happen. He further noted, however, that he is not interested in the City running a television station. He suggested that the revenues from a franchise fee could be placed in a special revenue fund that funds communications and possibly the Neighborhood Coordinator; but he is not interested in creating a communications department within the City government. Mayor Cetraro voiced his concurrence with Commissioner Krauss's comments, but suggested that the City's Information Technology division should be involved in further discussions on this issue. Commissioner Kirchhoff expressed his interest in pursuing a franchise agreement that includes full broadcast opportunities and the fees to support that operation. 06-27 -05 work --.------- - 3 - Based on the discussion, City Manager Kukulski indicated one of the items on an upcoming consent agenda will be authorization to enter into an agreement for negotiation of a franchise agreement with a not to exceed figure that gives him latitude in negotiating the professional services agreement. Request from Gallatin Development Corporation for City match for MicroBusiness Revolvina Loan Fund Included in the Commissioners' packets was a memo from Tracey Jette, Interim Director of the Gallatin Development Corporation, forwarding the request for a City match for the MicroBusiness Revolving Loan Fund. Ms. Tracey Jette stated the Gallatin Development Corporation is proposing to borrow $350,000 from the Montana Department of Commerce, through its MicroBusiness Loan Program, to create a revolving loan fund to serve both Gallatin County and Park County. The program includes the requirement for a 1 :6 local match; and she is proposing that be funded through equal amounts from the City of Bozeman, Gallatin County and Park County. A majority of the Commissioners indicated an interest in pursuing the grant application and providing match funds from the big box monies designated for economic development, as proposed by the City Manager. Review of proposed Black Bull Subdivision (Ivina along west side of Love Lane and south side of Baxter Lane) Included in the Commissioners' packets was a memo forwarding the preliminary plat for Black Bull Subdivision and a page from the Greater Bozeman Area Transportation Plan, 2001 Update, showing the major road grid system. Planning Director Andy Epple noted the County Planning office has provided his office with a copy of the preliminary plat for Black Bull Subdivision. The City staff has reviewed it and identified concerns that this plan does not provide for the westward extension of Durston Road or West Oak Street to Jackrabbit Lane, as identified in the transportation plan. County Planning Director Jennifer Madgic noted that her office sought comments from the City because of the Durston extension, and expressed appreciation that the City staff also identified the extension of West Oak Street as an issue. Mr. Steve Barrett, principal in the Black Bull Subdivision, stated that the topography between Love Lane and Jackrabbit Lane will require that Durston Road not be located on a straight alignment. He then noted the issue of West Oak Street has just been brought to their attention. He encouraged the Commissioners to recognize that planning involves more than just moving cars, but includes integrated design. He cautioned that putting roads on a half mile grid system is not always possible when designing a subdivision that includes a golf course and significant open space. He then indicated that the design team is working with Peccia and Associates in designing the road system. One of the consultants for the design team read the text from the map for the major grid system in the Greater Bozeman Area Transportation Plan, 2001 Update, noting that the concept is to ensure principal arterials every two miles and arterials every mile. He stated Huffine Lane is a principal arterial, Durston is a minor arterial, and Baxter Lane is a principal arterial; and those roads create the desired grid system. He acknowledged that West Oak Street starts as a principal arterial in Bozeman but questioned whether it needs to be extended to Jackrabbit Lane. Responding to Commissioner Krauss, County Planning Director Madgic stated the County has not adopted the transportation plan. City Manager Kukulski cautioned that this is the first of several projects he anticipates will create a challenging situation for both the City and the County as development extends beyond the existing city limits. 06-27 -05 work - 4- Responding to Commissioner Hietala, the consultants indicated that City services are 1'Y2 miles from the site while the services at Four Corners are 2'Y2 miles away. They also noted they do not want to clutter Middle Creek with a number of bridges, but wish to maintain its integrity. Commissioner Krauss voiced interest in obtaining as many connector streets as possible, noting those currently living on the west end of Bozeman request more and better roads to access the core of the community. Commissioner Youngman voiced concern that there is a layer of collector streets the developer is not taking into consideration. Commissioner Kirchhoff stated he does not see anything exceptional in the landscape or natural features that would preclude a street grid system. He then aCknowledged that this proposed development is closer to Bozeman than the previous Day Ranch proposal that the County Commission denied; however, he feels this development is still too far from Bozeman to be served by City infrastructure since it lies outside the boundaries of the facilities plan. City Manager Kukulski responded by noting the water and wastewater facilities plans are being updated, and he anticipates the boundary in that plan will be significantly different from the current plan. The City Manager suggested that this might be a topic for discussion at next week's joint meeting. Planning Director Andy Epple stated the County Commission looks at the Gallatin Valley "from about 40,000 feet" and bases its decisions on that perspective. He then noted the County Commission has taken the position that anything in the triangle formed by Bozeman, Belgrade and Four Corners is ripe for development. Commissioner Krauss responded by noting that it is important to not work from the exterior in, but to work from the existing urban areas out. Mayor Cetraro thanked the County Planning Director and the applicant for the opportunity to review this proposal. Presentation of new oraanization chart for the City of Bozeman departments Included in the Commissioners' packets was a memo forwarding a draft ordinance, a draft administrative order and a new proposed organization chart for the City of Bozeman. City Manager Kukulski reviewed the revisions included in the ordinance and new organization chart. He acknowledged that these revisions are substantial and result in providing that the Commission determine the departments and that the City Manager determine the structure within those departments. Under the proposed revisions, he noted that parks, recreation and cemetery are to be moved under Assistant City Manager Ron Brey and forestry is to be moved under streets, freeing the current Superintendent of Facilities and Lands to concentrate on facilities and project management. He further noted that this reorganization is designed to more evenly spread the workload among department heads and provide services in the most effective and efficient manner possible. Responding to questions from Mayor Cetraro, the City Manager noted that Information Technology could have been located in either the City Manager's office or the Finance Department. Following considerable thought, he chose the Finance Department because of the strong ties between computer technology and the City's accounting system. Responding to Commissioner Kirchhoff, Assistant City Manager Brey noted that parks maintenance has been one of the most underfunded programs given the public's demands on those lands and services and, as a result, demands on administrative time can be high. He stated that, given the growing demands of the City's facilities and Superintendent Goehrung's ability to serve as project manager, it was determined this split in duties was important. He further noted that the combining of parks maintenance and recreation programs under one umbrella is typical in most other communities. 06-27-05 work . -. ----- ....------.-- - -...--.-.----.... -... - 5 - City Manager Kukulski noted that, throughout the library project, Superintendent Goehrung has often been the voice that not everyone wanted to hear; and he is doing a good job holding the line on that project. He recognized that this reorganization may not fully meet the goal of hiring a project manager, but is moving in that direction. Responding to Commissioner Kirchhoff, Assistant City Manager Brey stated that Human Resources has been under him since the office was created several years ago. He noted that payroll continues to be separate from personnel and remains under the Finance Department. Commissioner Krauss noted the library is not included in the organization chart, and he believes it should be. Following discussion, the Commissioners agreed that the library should be added to the chart, with a dotted line from the City Commission to the library Board and the library staff shown under that board. Commissioner Krauss reported that the Recreation and Parks Advisory Board felt the forestry division would be better combined with recreation and parks than with streets. City Manager Kukulski stated the ordinance providing for reorganization of the City structure will be placed on the July 5 agenda for Commission action. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1) Copy of a memo from Neighborhood Coordinator Tracy Oulman to the NorthWest Neighborhood Network announcing the informational meeting on Durston Road improvements, scheduled for 7:00 p.m. on Thursday, June 30, in the Community Room of the Bozeman Public Library. (2) Memo from Director of Public Service Debbie Arkell to Engineering Assistant Andy Kerr, dated June 17, forwarding her decision regarding installation of signs on West Harrison Street between South Willson Avenue and South 8th Avenue and on South 5th Avenue between West College Street and West Cleveland Street. (3) Letter from Lou Vinge, dated June 16, expressing concern about the proposed selling of Soroptimist Park. (4) Letter from Paul Reichert, Executive Director of the Downtown Bozeman Partnership, forwarding the request from the downtown boards that the City not sell Soroptimist Park. (5) E-mail message from Rick Harrison and Vicki Strang-Harrison expressing support for Soroptimist Park remaining in its present location. (6) Notes from the Bozeman Area Bicycle Advisory Board meetings held on March 1, April 5, May 3 and June 7,2005. (7) Agendas for the Gallatin County Commission meeting to be held at 9:00 a.m. on Tuesday, June 28, and 1 :30 p.m. on Wednesday, June 29, at the Courthouse. (8) Agenda for the County Planning Board meeting to be held at 6:30 p.m. on Tuesday, June 28, at the Courthouse. (9) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Wednesday, June 29, in the Commission Room. (10) Agenda for the Zoning Commission meeting to be held at 6:30 p.m. and the combined Zoning Commission and Planning Board meeting to be held at 7:00 p.m. on Tuesday, June 28, in the Commission Room. (11 ) Agenda for the Cemetery Board meeting to be held at 1 :00 p.m. on Tuesday, July 6, in the Commission Room. 06-27 -05 work - 6 - (12) City Manager Kukulski announced that he will be out of the office from Wednesday, June 29, to Monday, July 11, for a combination of meetings and vacation. (13) Assistant City Manager Ron Brey reminded the Commissioners of the informational meeting on the design for Durston Road, scheduled for 7:00 p.m. on Thursday, June 30, at the Bozeman Public Library. He noted that a notice of the meeting has been posted, so a majority of the Commissioners may attend if they so choose. (14) Planning Director Andy Epple submitted the following. (1) Distributed copies of a letter he forwarded to County Commission regarding the draft plan for the former donut area. (2) Reminded the Commissioners that the Zoning Commission and Planning Board will conduct a joint hearing on the revisions to the unified development ordinance at a special meeting tomorrow night; and the hearing before the Commission is scheduled for July 11. (15) Commissioner Krauss submitted the following. (1) Stated that, based on the results of the recent simulator study, he's interested in an ordinance that bans use of cell phones while driving. (2) Suggested that the Commission consider an ordinance that bans the parking of recreational vehicles in parking lots. (16) Commissioner Kirchhoff noted that exterior stabilization work has been undertaken at the Story Mansion. The City Manager reminded the Commissioners that this work is being paid through federal tax dollars. Viewina of "Catch the Wave" DVD - Richard Florida. The Rise of the Creative Class City Manager Chris Kukulski showed the Commissioners the presentation given at last year's ICMA Conference. In this video, Richard Florida, noted the premise once was "create jobs and they will come". Experience in the 1990s, however, revealed that is not the case. He identified the three "Ts" of economic development-technology, talent and tolerance. These three "Ts" result in creative centers, with one-third of the work force now in creative jobs, earning 50 percent of the wages and salaries in the United States. Following viewing of the video, the Commissioners discussed several different points and those items that are key in economic development. Adiournment - 9:58 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye bein Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, Commissioner Youngman d ayor Cetraro; those voting No, none. ANDR ETRARO, Mayor ATTEST: ~f~ R L. SULLIVAN Clerk of the Commission 06-27 -05 work ------------