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HomeMy WebLinkAbout2004-11-22 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA November 22, 2004 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, November 22,2004, 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, Director of Public Service Debbie Arkell, Planning Director Andy Epple, Acting City Attorney Tim Cooper and Clerk ofthe Commission Robin Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. City Manager Kukulski requested that the final plat for the Alder Creek Subdivision, Phase 2, be removed from this agenda and placed on next week's agenda. Public comment Mr. Ted Newman, 535 Valley Drive, asked about the status of turn arrows on West Oak Street at its intersection with North 7th Avenue. Director of Public Service Debbie Arkell indicated that she will let the Montana Department of Transportation know that inquiry is being made on when those turn phases will be added at that intersection, since it is under their jurisdiction. Consent Items It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the final plat for the Alder Creek Subdivision, Phase 2, be removed from the consent agenda and placed on next week's agenda for consideration. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala and Mayor Cetraro; those voting No, none. City Manager Kukulski presented to the Commission the following Consent Items. Authorize City Manaaer to sian ~ Annexation Aareement with Edward L. and LeEtta L. Loterbauer ~ 0.275t acres described as Tract 1. Van Horn Subdivision (3324 West Babcock Street) Commission Resolution No. 3750 ~ annexina 0.275t acres described as Tract 1. Van Horn Subdivision (3324 West Babcock Street) COMMISSION RESOLUTION NO. 3750 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF A CERTAIN CONTIGUOUS TRACT OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT. Ordinance No. 1623 ~ establishing initial municipal zoninq desianation of "R~3" on 0.254~acre parcel described as Tract 1. Van Horn Subdivision (3324 West Babcock Street): provisionallv adopt and brina back in two weeks for final adoption 11-22-04 - 2 - ORDINANCE NO. 1623 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP BY ESTABLISHING AN INITIAL MUNICIPAL ZONING DESIGNATION OF IR_3" (RESIDENTIAL MEDIUM DENSITY DISTRICT) ON 0.275t ACRES SITUATED IN THE SOUTHWEST ONE-QUARTER OF SECTION 11, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN MONTANA, LYING ALONG THE SOUTH SIDE OF WEST BABCOCK STREET AND EAST SIDE OF FOWLER AVENUE. Commission Resolution No. 3751 - intent to create SID No. 683. improvements to West Babcock Street from West Main Street to Yellowstone Avenue COMMISSION RESOLUTION NO. 3751 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 683; DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE EXTENDED DISTRICT FOR THE PURPOSE OF UNDERTAKING CERTAIN LOCAL IMPROVEMENTS AND FINANCING THE COSTS THEREOF AND INCIDENTAL THERETO THROUGH THE ISSUANCE OF SPECIAL IMPROVEMENT DISTRICT BONDS SECURED BY THE CITY'S SPECIAL IMPROVEMENT DISTRICT REVOLVING FUND AND ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE. Authorize City Manager to sign - Annexation Agreement with John Rosa - 39.92 acres of land described as Tract B. COS No. 2389 (3833 Durston Road) Commission Resolution No. 3752 - annexina 39.92 acres of land described as Tract B. COS No. 2389 (3833 Durston Road) COMMISSION RESOLUTION NO. 3752 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF A CERTAIN CONTIGUOUS TRACT OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT. Ordinance No. 1624 - establishina initial municipal zoning desianations of IIR_4" (Residential Hiah Densitv District) on the north 10.887 acres and "R-3" (Residential Medium Densitv District) on the south 28.949 acres of Tract B. Certificate of SurveY No. 2389 (3833 Durston Road); provisionallv adopt and brina back in two weeks for final adoption ORDINANCE NO. 1624 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP AND ESTABLISHING AN INITIAL MUNICIPAL ZONING DESIGNATION OF "R-4" (RESIDENTIAL HIGH DENSITY DISTRICT) ON THE NORTH 10.887 ACRES AND "R-3" (RESIDENTIAL MEDIUM DENSITY DISTRICT) ON THE SOUTH 28.949 ACRES LEGALLY DESCRIBED AS TRACT B, C.O.S. 2389, LOCATED IN THE SE%, SECTION 4, T2S, R5E, P.M.M., GALLATIN COUNTY, MONTANA. Approval of final plat for Cape-France Minor Subdivision (subdivide 10.667 acres described as Tract A-2. COS No. 1827 into two lots and a common area) lIvina between Vallev Center Road and 1-90 west of North 19th Avenue) Authorize City Manaaer to sign - Amendment No. 2 to Professional Services Aareement for North Rouse Avenue Trunk Sewer Main Replacement - 11-22-04 ----.-. - 3 - Morrison-Maierle. Inc.. Bozeman. Montana - add 30 calendar days and $112.107.00 Authorize City Manager to sign - Professional Services Agreement for Emeraency ReSDonse Plan - HDR Engineerina. Inc.. Missoula. Montana - for oDeration of the water treatment Dlant in case of an emergency Acknowledge receiDt of first auarterlv uDdate on aoals for the Clerk of Commission's office for Fiscal Year 2005 Authorize use of annual leave - Clerk of the Commission Sullivan - November 29 throuah December 10. 2004 Claims \ City Manager Chris Kukulski noted that the adoption of Commission Resolution No. 3751, listed above, is the first step in the formal process of creating a special improvement district for improvements to Wet Babcock Street, and indicated that every property owner within the proposed district will receive a written notice of the public hearing. Mr. Matt McKennan, 2910 Donna Avenue, expressed opposition to the adoption of Commission Resolution No. 3751, based on six reasons. He noted that in June, a 5.6-percent property tax increase was imposed on Bozeman residents, and the State passed a 34-percent increase through its reappraisal, to be implemented over five years. Those changes have resulted in an additional $200 in taxes each year; and this would add another $150, creating a significant impact since wages in the community are currently stagnant. He stressed that when he built his home in 2001, he paid impact fees with the understanding he would not be taxed again for improvements. He noted there is currently $9.4 million available in street impact fees, and he finds the estimated $4 million price tag excessively high since JTL has indicated the costs of improving a street from a two-lane to a three-lane facility are typically $1 million per mile. He asked that the Commission not consider this issue until after the NorthWest Neighborhood Network has had an opportunity to try to work out a compromise for these improvements. Mr. Harry Kirschenbaum, 141 Chouteau, President of the NorthWest Neighborhood Network, stated that no one in the network denies that West Babcock Street is in dire need of improvement, but they do question the method of assessment. He characterized residents in the area as working class, entrepreneurial, and young families; and those residents are facing the costs of retiring debt for general obligation bonds and revenue bonds for the City as well as the County and will soon be asked to fund big ticket items for the high school and jail. On behalf of the Network, he asked that this item be removed from the consent agenda until a meeting can be set up between the staff, Commissioners liaison and the executive committee of the Network. Ms. Martie Stewart, 3303 Bitterroot Way, stated she agrees that the improvements to West Babcock Street are desperately needed, noting that it is an arterial by default and she anticipates the traffic will only increase. She suggested that the district should be extended west of Ferguson Avenue, since the traffic from Valley West Subdivision uses this road. She requested that action on this item be delayed until a meeting of the City, County and Network can be held to identify a funding mechanism that is equitable. Mr. Mike Christie, 3104 West Babcock Street, stated that four months ago, he realized his dream of being a homeowner. He has two small children, and this proposal would cost him $8,065 if he cashes out up front, or $13,534 over nineteen years. He expressed concern that this represents a significant increase in his taxes and negatively impacts his ability to save for his children's college education. Ms. Deb Stober, 395 Valley Drive, submitted a letter from Mrs. Lillian Yerger, 2604 West Babcock Street, expressing concern about this proposed special improvement district. Ms. Stober then stated she is a member of the NorthWest Neighborhood Network, and noted she feels there are many unanswered questions at this time. She noted that West Babcock Street is a County road and asked if the City intends to bill the County residents for improvements to that roadway. She encouraged the Commission to delay action on this item, allowing time for the interested parties to meet and find a creative funding solution that is equitable. 11-22-04 ----.---............"'."...-....-- - 4 - Commissioner Krauss asked how much has been collected in street impact fees from this area and how much is proposed to be expended on this project. He then suggested that the Commission can proceed with adopting the resolution of intent and setting the public hearing and still meet with the residents prior to that hearing. Director of Public Service Debbie Arkell noted that, when City Engineer Rick Hixson began working for the City on December 4, 1994, his first project was the special improvement district for West Babcock Street. She then indicated that the proposed district contains 11,343,929 square feet and is comprised of 989 city properties. The street impact fees collected from this area total $490,132, and $1 ,973,000 in impact fees is to be expended on this project as proposed. She then noted that the right-of-way acquisition for this roadway has been funded through the general obligation bond for transportation projects and, under this resolution of intent, those costs will not be reimbursed from the special improvement district. She reminded the Commission that City staff held an informational meeting for the neighborhood in October, before this issue went to the County Commissioners for their consideration. Director of Public Service Debbie Arkell noted that West Babcock Street from Yellowstone Avenue to Ferguson Avenue was improved to the desired 40-foot standard in conjunction with subdivision; and those costs were passed along to the homeowners. Many of those residents are now included within this special improvement district because they also use that portion of the street that requires upgrading. She observed that past Commissions did not require the piecemeal upgrading of West Babcock Street in conjunction with new subdivisions, but chose to address the improvements as a single project, as opposed to the conditions now being imposed for new subdivisions along Durston Road. Director of Public Service Arkell then noted that the residents in Valley West Subdivision are paying the costs of a special improvement district for the streets within that development, and West Babcock Street is constructed to the desired 40-foot width. Director of Public Service Arkell concluded by stating that, if the Commission adopts Commission Resolution No. 3751 and sets the public hearing date for December 20, and sUbsequently adopts the resolution of creation, staff will proceed with bidding of the project in January and award in early February to allow for construction in the spring and summer. She recognized that this project could be delayed for a year, but cautioned that the prices will only increase during that delay. Responding to Commissioner Youngman, City Engineer Rick Hixson stated he would be pleased if the cost of the project came in at just $1 million. He cautioned, however, that this is not simply widening of a roadway from two to three lanes, but improving it to an arterial standard with curb, gutter, sidewalks and bike lanes; and he believes the $4 million estimate is realistic. Further responding to Commissioner Youngman, Director of Public Service Arkell cautioned that if the improvements to this street are delayed for a year, the Durston Road project will also be pushed back a year because it is not appropriate to undertake those two projects in the same year. City Manager Kukulski reminded the Commissioners that if they adopt this resolution and set the public hearing for December 20, they could continue the public hearing to another date if desired. He noted that, between now and December 20, staff can set meetings with the neighborhood. He stressed the importance of adopting the resolution of intent at this time, since it triggers the legal notice requirements and it is now critical to ensure that all affected property owners are aware of this impending project. Commission Youngman asked that Neighborhood Coordinator Tracy Oulman schedule a meeting with the neighborhood and that notice of that meeting be included with the official notice for the pUblic hearing. She suggested that the meeting be both informational and provide an opportunity for cooperative discussion and creative thinking. Responding to Commissioner Krauss, Acting City Attorney Tim Cooper confirmed that the plaintiffs in the lawsuit regarding impact fees are challenging the City's ability to enact impact fees and are seeking a refund of all fees paid to date. Commissioner Krauss observed that, if the court ruling goes against the City after it has expended some of those fees for this project, it must find a mechanism to repay those fees. 11-22-04 - 5 - It was moved by Commissioner Krauss, seconded by Commissioner Youngman, 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 Krauss, Commissioner Youngman Commissioner Kirchhoff, Commissioner Hietala and Mayor Cetraro; those voting No, none. Break - 7:50 to 7:55 p.m. Mayor Cetraro declared a break from 7:50 p.m. to 7:55 p.m., to allow for a reorganization of the meeting room for the work session. Work session - aoal setting Included in the Commissioners' packets was a memo from Assistant City Manager Ron Brey forwarding the listing of goals submitted by the Commissioners and staff, organized by the number of times they were mentioned and containing background information for many of the goals. Distributed just prior to the meeting was a bullet point listing of those goals, as follows: Projects Currently Underway . Complete transportation projects that increase interconnectivity . Complete facilities plans for infrastructure development in order to efficiently serve current customers and new customers anticipated by growth. 0 Waste Water Treatment Plant 0 Water Plant 0 Sewer Collection 0 Water Distribution 0 Storm Water . Expand our working relationship with MSU . Create North 7th/West Main Street tax increment district . Enhance Bozeman's downtown competitiveness as the business, cultural and service center of Gallatin Valley. 0 Parking Garage 0 Arts at City Center 0 Hotel/Convention Center 0 Expanded Residential Opportunities 0 Expanded retail and entertainment opportunities 0 Auto and pedestrian transportation . Open new library by the summer of 2006 . Complete Story Mansion Project . Open solid waste transfer station in fall of 2006 . Complete and implement Transit Plan. . Reconstruct Babcock 2005 construction season. . Reconstruct Durston Road 2006 construction season . Complete Disc Golf Course in spring of 2005 . UDO Revisions completed by summer of 2005 . Complete Big Box Study winter of 2005 . Complete the parks & recreation facilities plan (PROST). New Projects . Settle impact fee lawsuit and/or develop long term strategy for the utilization of fees . Police Department Analysis for staffing levels and facilities . Work effectively with Gallatin County to implement criminal justice plan. . ISO Analysis/Facilities Plan for station locations 0 Fire Department staffing 0 Facilities 0 Water system 0 Training . Commence 5 year review of the 2020 Growth Policy 11-22-04 - 6- . Construct new shops complex . Feasibility Study to Build a General Aviation Airport . Build an Industrial Park - Mandeville Farm & Idaho Pole properties? 0 Create an Industrial TIF 0 Maximize utilization of rail spur 0 Develop new rail spur - Mandeville Farm 0 Improve truck access to 1-90 . Define the City's role in an economic development strategy for the greater Bozeman area . Expand Advanced Technology Park (Tech Ranch) at MSU . Investigate parking policy to assist with snow removal. . Evaluate all City owned property (excluding parkland) for long term potential use or sale. . Sign Inter-local Planning Agreement with Gallatin County . Cooperate with Gallatin County on land use including possible TDR program. . Build a mobile home park for true affordable housing. . Create a multi-year funding plan for the Housing Fund. . Legislative Agenda 0 Impact Fees 0 Local Option Tax 0 Design/Build construction contracts 0 Other??? . Create a cable television franchise . Develop website to maximize convenient public access to city information and services . Utility Rates and System Development Charge analysis (impact fees) - this is phase II of the infrastructure facilities plans. 0 Road and Fire . Evaluate the need for a Project Manager . Build or purchase a consolidated city office complex in downtown Bozeman. . Sign agreement to utilize Logan Solid Waste Landfill . Conduct a Citizen Survey . Enhance weed control efforts. . Develop a watershed management plan 0 Watershed health 0 Timber management 0 Consolidate holdings? 0 Dam site? . Pursue EPA grants for utility infrastructure and rehab. . Re-create the Board of Adjustments . Expand the Responsibilities of the Planning Board . Create a Storm Water District . Create a Parks Maintenance District . Create a Parking Authority . Create Neighborhood Councils throughout City of Bozeman City Manager Kukulski stressed that these goals are in no particular order. He cautioned that the "bird shot approach" to solving all of these issues, noting that those items identified as top priority are where staff will spend its time. He then indicated that during this work session, these items will be reviewed one by one and discussed if necessary. He noted that this will help everyone to understand the goal statements as written as the basis for proceeding to the next step. Responding to Commissioner Youngman, City Manager Kukulski confirmed that this list contains both projects in progress and new items. He noted that if a project currently in progress does not surface as a priority item on the final goals list, staff will cease working on that project and move on to another one. City Manager Chris Kukulski asked the Commissioners to take the bullet point listing of goals home and number them using a numbering system of 3, 2, 1, 0, with 3 being the most important. He asked that, if possible, the Commissioners bring their listings back to next week's Commission meeting. Staff will then take that information and tabulate it, distributing the results for the next discussion on the setting of goals. 11-22-04 - 7 - Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1 ) E-mail message from Mike Christie, 3104 West Babcock Street, expressing concern about the location of his mailbox, across the street from his house. (2) First quarterly report regarding North Wallace Avenue traffic issues, as submitted by Director of Public Service Debbie Arkell and Planning Director Andy Epple. (3) Copy of the Design Objectives Plan update, in anticipation of the public hearing scheduled for December 20. (4) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, November 23, at the Courthouse. (5) Memo announcing there will be no Development Review Committee meeting on Wed nesday, November 24, due to the Thanksgiving holiday. (6) Memo announcing there will be no Design Review Board meeting on Wednesday, November 24, due to the Thanksgiving holiday. (7) Meeting notes from the Community Alcohol Coalition meeting held on October 13, 2004. Adiournment - 10:40 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 being om missioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, Commissioner Youngman and M or Cetraro; those voting No, none. // ATTEST: ~~~~ Clerk of the Commission 11-22-04