Loading...
HomeMy WebLinkAbout2004-11-08 Minutes, City Commission _.___..____..." .._._n. MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA November 8, 2004 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, November 8,2004, 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. Public comment (1) Ms. Caren Roberty, HRDC, updated the Commission on the GalaVan bus barn, noting that the agency has received a $250,000 grant from the Montana Department of Transportation; however, those monies must be expended and the barn must operational by March 2006. She noted that construction of the GalaVan bus barn on the School District property on North 27th Avenue would trigger the requirement for nearly $1 million in off-site improvements; and the School District has indicated it cannot accommodate those costs. She stated that Planning Director Epple has indicated that to allow the bus barn to be constructed on the School District site would result in some rather significant variances if the improvements are not to be constructed. Ms. Roberty then asked that the City give timely consideration to the request for construction of the GalaVan bus barn on the transfer station site, particularly in light of the time constraints in the construction and opening of the new barn under the MDT grant, and that HRDC be kept apprised of those considerations. Commissioner Krauss noted that the Mandeville Farm was purchased with enterprise fund monies and, therefore, cannot be donated for a GalaVan bus barn. Commissioner Youngman noted that the School District did not intend to donate its property; and the City is already talking about selling a portion of the Mandeville Farm for a business park. She suggested that a small parcel could also be created for the GalaVan bus barn. City Manager Kukulski indicated that staff will write a letter to HRDC informing them of the timeline for the Mandeville Farm site. (2) Mr. Rodger Stoltzfus, 619 North Willson Avenue, asked the Commission to authorize him to erect the hockey boards at Bogert Pavilion to provide for pick up hockey games during the winter months. He noted that he built those boards twenty years ago, when hockey was first started at the pavilion, and re- installing them would allow for pick up games in a safe environment. Ms. Wren Bade spoke in support of Mr. Stoltzfus' request. She noted that she has played pick up hockey with her children at both Southside Park and Bogert Park for the past several years, and the boards have been sorely missed since they were removed when the hockey program was moved to the Haynes Pavilion at the Fairgrounds. She noted that with the growth in the community, there are more hockey players; and hockey is now being played at those two parks as well as Beall Park, where there are many small children. She concluded by asking that skating activities be revived at Bogert Park, possibly including times for figure skating programs in addition to hockey and open skating. Commissioner Krauss voiced his interest in seeing a determination made on this request, noting he will raise it at the Recreation and Parks Advisory Board meeting on Thursday evening. 11-08-04 - 2 - City Manager Kukulski cautioned that hockey at Bogert Park has a long history, including a commitment by the Commission to the neighborhood that ice skating of all types would be allowed at the Bogert Pavilion when the hockey program was moved to the Fairgrounds. Commissioner Krauss asked that this item be placed on the Commission meeting agenda in three weeks to give the Recreation and Parks Advisory Board an opportunity to respond if they wish to do so. Commissioner Youngman asked that information from times when this issue was previously considered be included in the Commissioners' packets. Executive Session - litiaation At 7:20 p.m., Mayor Cetraro 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, Acting City Attorney Cooper, Attorney Bob Planalp and the Clerk leave the room. At 7:45 p.m., Mayor Cetraro closed the executive session and reconvened the open meeting. Presentation from Clinton Cain - reaional wastewater treatment facilitv Included in the Commissioners' packets was a packet of information on the Gallatin Regional Wastewater Management System Feasibility study, dated September 2004, as prepared by Clinton Cain and Stahly Engineering and Associates. Mr. Clinton Cain, Four Corners, made his presentation for a regional wastewater treatment plant to serve the upper Gallatin Valley and produce hydropower and energy from methane gas. He noted that, prior to the election, he talked to Representative Denny Rehberg, and he expressed an interest in providing grant monies to assist in this project. Mr. Cain noted that under his proposal, the entire sewer system would be gravity fed, which would eliminate the need for pumps. He indicated that a 30-inch main is to be installed from the Broken Hart Ranch to Belgrade, at an elevation drop of just over 600 feet; a 48-inch main is to be installed from Bozeman to Belgrade; and a main is to be extended from Kountz Mobile Home Park to Four Corners, at an elevation drop of approximately 300 feet. He then noted that the owners of the system will also be the users of the system and will benefit from the electric generation that will accompany the plan. He cautioned that, without a regional wastewater plant, the result will be the further proliferation of small treatment facilities and eventual pollution of the West Gallatin River, one of the few rivers that is not yet polluted. Mr. Cain noted that the county is currently growing at a rate of 3,000 people per year; and now is the time to plan for continued growth over the next thirty years. He asked that the City contribute $11,666 toward a feasibility study so that the project can move forward and serve that growth. Mr. Robert Seamons, Stahly Engineering, stated that sewers don't cause growth; people do. He suggested that this central treatment facility will help protect the environment and result in a cost savings to the users. He cautioned that the on-site septic systems springing up in the subdivisions around Four Corners were not designed to accommodate the types of development that they are being asked to serve. He stressed the importance of getting away from the septic tank business and encouraged the City to participate in the costs of the feasibility study. Responding to Commissioner Hietala, Mr. Cain estimated that, at today's prices, the cost of the plant would be $33 million and would serve 20,000 people. He noted that the City of Belgrade is encountering issues with further expansion of its facilities; however, it has chosen not to participate in the feasibility study. Mayor Cetraro thanked Mr. Cain for his presentation, noting that the Commission will consider the request for funding in a future meeting since this is only a work session. 11-08-04 .--.-..-.---.-...-..- - 3 - Break. 8:10 to 8:15 p.m. Mayor Cetraro declared a break from 8:10p.m. to 81:5 p.m., in accordance with Commission policy. Update on recommended concept plan for downtown parkina structure Mr. Dick Clotfelter, President of Board of The Garage at City Center (TGCC) gave a verbal description of the various options that have been considered for construction of a parking facility that is in compliance with the memorandum of understanding between TGCC and the City of Bozeman. He noted that under that agreement, the initial facility is to include 300 stalls, with expansion to 400 stalls in conjunction with the performing arts center and expansion to 600 stalls in conjunction with the new convention center/hotel. Mr. Clotfelter noted that eight schemes were submitted to Martel Construction for preliminary pricing. Those alternatives included: 1. A parking structure on the half block between North Tracy Avenue and North Black Avenue with approximately 14,100 square feet of retail on the perimeter. The garage included three levels in the first phase and four levels in the second phase; no basement and no public space. 2. The same as NO.1 with a basement level and two levels above ground in the first phase and three levels above ground in the second phase. 3. A parking structure on the half block between North Tracy Avenue and North Black Avenue with approximately 11,075 square feet of retail on the perimeter and an 18- foot-wide strip of public space adjacent to North Tracy Avenue. The garage included a basement level and two levels above ground in the first phase and three levels above ground in the second phase. 4. A parking structure that bridges over North Black Avenue, with approximately 17,000 square feet of retail on the perimeter and a 75-foot-wide strip of public space along North Tracy Avenue. The garage was designed both with and without a basement level on the west side of North Black Avenue only. 5. Two additional variations on NO.4 were also proposed. Mr. Clotfelter noted that this project is going through simultaneous design review, as directed by the City. Two public meetings have been held at the Emerson Cultural Center to review the design, a third is scheduled for December 9 and a fourth is proposed for early January. In addition, TGCC has met with neighborhood groups and interested citizens. He noted that the design with the public space on North Tracy Avenue and the bridge over North Black Avenue was the preferred design of all those groups. Mr. Clotfelter identified a variety of issues and costs that must be considered in this type of project. Those are off-site costs, which include traffic signals, impact fees, power line relocation and legal costs; indirect costs, which include soil tests, traffic studies, architectural and engineering services, testing and permits; and direct costs for the basic components. Mr. Clotfelter stated that the preliminary cost estimates by Martel Construction revealed that the structure which bridges North Black Avenue would cost $800,000 to $900,000 more, so that option was eliminated. The option that is closest to budget is No.3, with a public space of between 16 and 20 feet along North Tracy Avenue, and with a full basement level; and the estimated cost is within 6 percent of the target figure. Mr. Clotfelter reported that the TGCC Board voted on November 3 to proceed to the next step with Option No.3, which will include a public planning meeting where a preliminary design is revealed. He concluded by expressing his interest in providing continual updates as the process moves forward. Responding to Commissioner Krauss, Mr. Clotfelter stated the preferred design will protect the five deciduous trees along East Mendenhall Street, which will reduce the amount of retail space but will help to 11-08-04 .-...-....-....-...--.---- n__._______._n.... ..---------.--- - 4 - provide individuality at the front of the structure and break up the long expansive wall. He then provided some perspective on the height of the structure, noting that the three-level facility will be approximately the height of the Powder Horn and, with two additional levels, it will be in scale with the convention center on the other side of East Mendenhall Street. Acting City Manager Ron Brey reminded the Commissioners of steps needed to ensure the project qualifies for the issuance of bonds. Those steps include amending the urban renewal plan to extend the life of the tax increment period; that public hearing has been held and the Commission has approved the change. The lease agreement is to be finalized, and this project is to be approved as an urban renewal project once the specifics of the project have been identified. He indicated that the documents necessary to accomplish those steps will be brought back in conjunction with the design approval for the garage. Discussion - improvements to West Babcock Street Distributed just prior to the meeting was a memo from Director of Public Service Debbie Arkell forwarding four options for funding the improvements to West Babcock Street between West Main Street and Yellowstone Avenue. Director of Public Service Arkell reviewed the four options that staff has identified for the creation of a special improvement district that includes city properties only, since the County Commission has declined to include county properties within the district. She noted that, if both city and county properties had been included within the district, the assessment rate would have been 19 cents per square foot; and two of the options retain that assessment rate while the other two would result in an assessment rate of 24 cents per square foot. The four options identified by staff are: 1. Create the SID for $2,637,000, as originally proposed, keeping the same bond amount and impact fee contribution, creating a payback district for county property, and establishing an assessment rate of $0.232459 per square foot. 2. Create the SID for $2,637,000, as originally proposed, keeping the same bond amount and impact fee contribution, creating a payback district for county property, and establishing an assessment rate of $0.232459 per square foot; with the commitment that if County Commissioner Vincent is successful in getting the law changed to allow a new assessment that would be equitable to both city and county properties, the City would proceed with re-creation of the district if the County Commission would guarantee their support of the joint resolution. 3. Create the SID for $2,196,000, removing the right-of-way acquisition costs from the project, adding $118,200 to the impact fee contribution, creating a payback district for county property, and establishing an assessment rate of $0.193584 per square foot. Under this scenario, the Commission could choose to either reimburse the general obligation bond for transportation first (for the right-of-way acquisition costs) and then reimburse the street impact fee fund, or choose to reimburse the street impact fee fund only. 4. Create the SID for $2,196,00, adding $374,600 to the impact fee contribution, creating a payback district for county property, and establishing an assessment rate of $0.193584 per square foot. The payback monies would be used to reimburse the street impact fee fund. The Director of Public Service reminded the Commissioners of the uncertainties that continue to revolve around the impact fees. Because of those uncertainties, staff recommends Option 3, with all payback monies being used to reimburse the street impact fee fund. She then indicated that staff will prepare the resolution of intent to create this special improvement district based on Commissionerfeedback. Mr. Gary Butcher, 3017 West Babcock Street, stated many of the county residents were opposed to this special improvement district because of the different types of development on similar sized parcels. He cited the developments on each side of his single-family home, which include three four-plexes on one side and three duplexes on the other side. He noted that all three types of development are constructed on one-acre parcels; and the multi-family units generate significantly more traffic than his home does. He 11-08-04 - 5 - finds that to be assessed the same amount for the road improvements is unfair, based on the number of vehicle trips per day from each of those parcels. Mr. Larry Ellison, 3301 West Babcock Street, expressed his support for the proposal that if the Legislature changes the method of assessments, this issue be revisited. In the meantime, he feels it is unfair for county property owners to be assessed significantly more because of their lot sizes. Ms. Shirley Powell stated she lives in Valley Unit Subdivision. She voiced concern about the costs, particularly for those who are on fixed incomes, and asked that the City look seriously at the options that generate the 19-cent assessment rate. Responding to Commissioner Hietala, Director of Public Service Arkell cautioned that if the per-unit assessment method were used, any time a property within the district is developed, re-creation of the district would be required to capture that new development. City Manager Kukulski noted that the only way for someone not in the district initially to participate in the costs is through a "latecomer agreement"; and that currently triggers the requirement for full payment upfront rather than allowing those costs to be spread over nineteen years. He stated that staff has proposed the possibility of requiring an upfront payment based on the number of years since the district was created, allowing payments for the remainder of the time. This would reduce the financial impediment of annexing while ensuring that everyone in the district is paying a fair and equal share. Mayor Cetraro, Commissioner Krauss and Commissioner Youngman all voiced support for Option No.3, with payback monies being used to reimburse the street impact fee fund. Discussion - unified development ordinance Included in the Commissioners' packets was a memo from Planning Director Epple forwarding information on how the Planning Board and Zoning Commission plan to proceed with review of the suggested revisions to the unified development ordinance. Associate Planner Chris Saunders reported on the City Planning Board's process for reviewing the 306 proposed revisions to the unified development ordinance, noting that the Board has requested some direction from the Commission on when reviews by the various advisory bodies are to be complete and the recommendations submitted for final consideration and action. He stated the Planning Board has expressed its preference for reviewing the recommendations from the other advisory boards before forwarding its recommendations. Mr. Paul Reichert, Executive Director of the Bozeman Downtown Partnership, recognized that everyone wishes to expedite the review process. He asked, however, that the Commission provide a reasonable amount of time for comments from the advisory bodies, particularly in light of the upcoming holidays. He then proposed that at least sixty days be allowed, to give time for quality comments from those bodies. Responding to Commissioner Youngman, Associate Planner Chris Saunders indicated that hard copies of the proposed amendments are available at the Bozeman Public Library and the Planning Office, and they are also available on the City's website, broken into a variety of sections for ease of downloading. Commissioner Youngman asked if staff will provide an analysis and recommendation on each proposed revision, noting that information is important to both the City Planning Board and Zoning Commission and the elected officials when making their decisions. She noted that an abbreviated staff response would be adequate in many instances, and asked that history be provided for those items that have been subject to massive public processes before. She cited the sign code, the big box regulations and the affordable housing regulations as examples. She also asked that members of the various advisory boards be encouraged to step aside when they may encounter a conflict of interest on the proposed revision being considered. Planning Director Andy Epple noted that issue was discussed at last week's Planning Board meeting, with the consensus that any member with a development interest that would be affected by a proposal being asked to recuse himself or herself from discussion and action. 11-08-04 - 6 - Commissioner Youngman noted that many of the City's advisory boards meet early in the month, which means they are currently meeting and will likely not meet in December. Commissioner Krauss noted the Planning Board is motivated and would like to consider the small items immediately. He reported that the Planning Board members are individually completing assessment sheets on each revision, with members encouraged to use "yes" and "no" rather than "discuss" if at all possible. He suggested that if the advisory board comments could be received by February, that would be acceptable. He then proposed that letters be sent to the advisory boards to let them know they are an important part of the process, but that the Commission has a schedule to keep. Associate Planner Saunders noted that the Planning Board anticipates approaching the proposed revisions that reflect no significant policy shift in almost a consent item approach, and then beginning discussion on the policy level elements. Commissioner Krauss noted that one of the Recreation and Parks Advisory Board recommendations is that the revisions not be enacted until after the PROST (Parks, Recreation, Open Space and Trails) update has been completed. He does not feel that this process can be delayed that long; rather, he feels it would be more appropriate to make any additional revisions to the unified development ordinance after that plan is updated, based on that new plan. Commissioner Youngman cautioned that if the Commission chooses not to honor the Recreation and Parks Advisory Board's request, it is important that a structure be identified to ensure public discussion and hearings on their issues. Responding to the City Manager, Commissioner Krauss suggested a mid-February deadline for advisory board recommendations. Following a brief discussion, the Commissioners set February 14 as the deadline. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1 ) E-mail message from Michael Plummer encouraging the City to address the noxious weed problems that are arising, due in large part to the development that is occurring. (2) Updated list of planning projects to be considered at upcoming Commission meetings, dated November 8. (3) Copy of the newspaper notice that garbage collection crews will work on November 11 and that the landfill will be open. (4) Agenda for the School District NO.7 Board of Trustees meeting to be held at 7:00 p.m. on Monday, November 8, at the Willson School. (5) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, November 9, at the Courthouse. (6) Agenda for the County Planning Board meeting to be held at 6:30 p.m. on Tuesday, November 9, at the Courthouse. (7) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Wednesday, November 10, at the Professional Building. (8) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Wednesday, November 10, at the Professional Building. (9) Newsletter for Headwaters Recycling announcing that the next meeting is scheduled for Wednesday, November 10, in Bozeman. (10) Notes from the City-County Board of Health meeting which was held on September 23,2004. 11-08-04 ---.........--......-........."..-....-- ---...-... - 7 - (11 ) Responding to City Manager Kukulski, the Commissioners indicated they are not interested in giving further consideration to Mr. Cain's proposal. The City Manager indicated he will draft a letter to Mr. Cain and place it on the consent agenda for Commission action. (10) The City Manager noted that the work session in two weeks will be devoted to the setting of goals, with all department directors in attendance. Assistant City Manager Brey noted that bullets are being gathered under each of the possible goals statements; and they will be organized to reflect the frequency with which they were mentioned, with those at the bottom being mentioned by only one person. (11 ) Responding to Commissioner Krauss, Assistant City Manager Brey indicated staff has not spent much time on the Lindley Park pavilion issue, although he understands the issue is galvanizing the neighborhood. (12) Planning Director Epple reported on Steve Wagner's proposal to convert the union hall to a non-alcoholic dance hall and the issues that are arising from that proposal. Assistant City Manager Brey noted he met with Mr. Wagner in April, and the Building Inspection Division participated in a couple general walk throughs during the summer. He cautioned that, once again, the feedback provided during those walk throughs became gospel to the applicant, putting City staff at the end of a bad spin by the applicant. He suggested that, in this instance, the City's good relationship with the building's owner could prove to be beneficial. (13) Planning Director Epple revisited the bus barn issue, noting that if the School District or the City chooses to lease or sell land, it must go through the subdivision process and the new lot must front on an approved street. He noted the issue is to what extent the Commission might be willing to grant variances to not require access from an approved public street to a GalaVan bus barn. Commissioner Youngman responded that she does not see any hardships upon which to base an approval, except possibly for a temporary variance. City Manager Kukulski stressed the importance of identifying priorities for land and space for City needs. (14) The Planning Director noted that the Conservation District has generated maps showing streams, ditches and stream/ditches in the county; and those maps are the basis for the watercourse setback regulations in the unified development ordinance. The Conservation District is now engaged in new mapping that eliminates the stream/ditch designation and places those watercourses under the ditch designation, which will have a dramatic impact on the City's regulatory program. (15) Planning Director Epple reported that the public hearing on the design objective plan update is scheduled for December 20. (16) Commissioner Youngman asked about the Commission meeting schedule around the holidays, suggesting that at least one of the meetings be cancelled. As a result of discussion, the Commissioners decided to cancel the December 27, 2004, and January 3, 2005, meetings and to make the January 10, 2005, meeting a regular one rather than a work session. (17) Commissioner Youngman proposed another meeting with the elected legislators to discuss issues of local interest, either in a broad-based community meeting similar to the one held two years ago, or with other local government entities. She cautioned that time is short for organizing such a meeting. City Manager Kukulski suggested a roundtable discussion that focuses on less than five issues about which cities care, recognizing that it is important to educate the legislators on those issues. 11-08-04 - 8 - Adiournment - 10:15 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff an ayor Cetraro; those voting No, none. A ATTEST: G?~Z ~ ROBIN L. SULLIVAN Clerk of the Commission 11-08-04