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HomeMy WebLinkAbout2004-03-08 Minutes, City Commission .- .. - .--... -..--.-. - --.".. - ..._---~._-------_.__.._._---_.- -.-.----.------- MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA March 8, 2004 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, March 8, 2004, at 6:00 p.m. Present were Mayor Andrew Cetraro, Commissioner Jeff Krauss, Commissioner Marcia Youngman, Commissioner Steve Kirchhoff, Commissioner Lee Hietala, Acting City Manager Ron Brey, Director of Public Service Debbie Arkell, Planning Director Andy Epple, Staff Attorney Tim Cooper, and Deputy Clerk of the Commission Karen DeLathower. Sianina of Notice of Special Meetina Each of the Commissioners, in turn, signed the Notice of Special Meeting. Staff presentations re department budaet reauests for Fiscal Year 2004-2005: ( 1 ) Street Superintendent John VanDelinder. (2) City Enaineer Rick Hixson. and (3) Plannina Director Andv Epple Street Division. Superintendent VanDelinder distributed copies of the City of Bozeman Street Department Budget Presentation. The Street Division is comprised of the vehicle maintenance department, the sign and signal department, and street maintenance department. The vehicle maintenance department maintains over 300 pieces of equipment. No new programs are planned for this year, and no CIP purchases are planned. Budget increases are to purchase a waste oil heater, purchase large metric tools, and to update the service manual computer program. 0 ne more mechanic is being requested because the City has increased its equipment by over 200 percent, with no new vehicle maintenance personnel added in reponse. The sign and signal department is responsible for maintaining over 50 traffic signals, as well as street closings, painting crosswalks, handicapped parking areas, curbs, and plowing sidewalks. This department will take delivery of the first ethanol-powered vehicle in the City fleet. New programs scheduled for this year include installing "Bike Path" signs and painting school crosswalks twice a year. Budget increases will be used to replace a 10-year-old paint sprayer and a self-propelled unit for the paint sprayer. No CIP purchases are budgeted for this year. One additional signal technician is being requested because the department has gone from maintaining one signal to maintaining over 50 signals. The street maintenance department is responsible for street plowing, sanding, patching, grading, storm sewer maintenance, creek cleaning, street sweeping, and snow hauling tasks. Funding for this department comes from street maintenance fees and gas tax revenues. New programs for this year include investigating an even-odd parking system for the winter to facilitate easier snow plowing, and Phase II Storm Water Regulations compliance. CIP purchases scheduled for this year include a dump truck with a plow and sander and a new street sweeper. Budget increases are to replace the engine in a loader and the transmission in a dump truck, replace a mower, and purchase a trailer for the skid steer. T he street maintenance department would like to add two full-time employees to keep pace with the growth of the City and the need for additional services. It is also recommended that street maintenance fees be increased to help pay for the additional staff. Commissioner Youngman noted residents are always concerned with snowplowing, particularly on residential streets; and she inquired as to the costs of additional snow plows and adding 24-hour shifts of three people to provide a greater level of snow removal service to residents. Superintendent VanDelinder noted it would require an additional person to allow for 24-hour shifts. Currently snow plows run from 3 am to 5 pm and adding an additional person would require another truck and sander. However, after 5:00 pm, plowing doesn't work without parking restrictions because of vehicles parked on the streets. To add additional employees would cost residential customers approximately $11.00 per year. The plow crew tried not to plow in any driveways this winter, and Bozeman is the only city in Montana to do that. 03-08-04 -..-.--- ... ....__. ... ___._..._n__....._..____.._._._______.________.._________ ___.._n_..._..... --.---... .-.----. -...-- - 2 - Commissioner Kirchhoff asked Superintendent VanDelinder to compare the level of snow removal service this year with the past two years. The Superintendent said the biggest change this winter was not plowing in driveways. The snowstorm after Christmas was the largest snowstorm to hit Bozeman since the 1980's. Over 1,000 truck loads of snow were hauled away this year, and that much snow has never been hauled before. Small trucking contractors were used to haul the snow, but they don't have graders and plowing equipment to assist with plowing. Last year the snows were spread out, and there was time to clean up after each storm. Commissioner Kirchhoff noted there are lots of people without garages who park on the street, and he asked if alternate parking is a feasible program. Superintendent VanDelinder said that of all the cities he has contacted, most of them do the plowing at night. However, he believes it is better to plow during the day when people are not at home. Also another problem with nighttime, alternate plowing is block heaters, which would require electrical cords running across the street. Commissioner Hietala asked how much was spent on contract hauling and plowing. The Superintendent responded that in the past, the City hasn't spent anything for contract hauling; but this winter $30,000 has been spent thus far. The contract hauling of snow worked well because the sanders didn't have to be removed from the trucks to haul the snow. Engineering. City Engineer Hixson distributed a handout entitled Engineering Division of the Department of Public Works. The primary functions of this division are to ensure long-term infrastructure master plans and the capital improvement plans for water, wastewater, stormwater, solid waste, and transportation facilities are maintained and implemented in a cost-effective manner. Major areas of responsibility include infrastructure planning, design and construction oversight, and standards development, records and mapping, subdivision and zone code reviews, sanitary sewer pretreatment programs, snow removal and weed enforcement, public right-of-way management, floodplain programs, traffic counts and studies, SIDs and payback districts, sidewalk programs, and major public projects. Currently the Engineering Division is in the process of filling a vacancy for an engineer, but no other additional personnel are anticipated. Additional requests include purchase of computer software for in-house design work, replacement of an older printer and copier, if they break, and Engineering's share of the proposed front office remodel at the Professional Building. Commissioner Kirchhoff asked if Engineering does more of the design work in house, will that increase the accuracy of bids received because the costs of the Hyalite transmission main replacement have skyrocketed. City Engineer Hixson responded outside firms will still have to be hired for big projects like the Hyalite transmission main replacement project, nor will Engineering be able to do any improvements to the water treatment or wastewater treatment plants. Commissioner Kirchhoff then inquired if requests for proposals were sent out locally or beyond. City Engineer Hixson stated every two years Engineering asks for statements of qualifications from firms who want to do business with the City and most of the respondents are from this area. All firms are then ranked, and the City looks at only the top three or four firms when asking for requests for proposals. Acting City Manager Brey reminded the Commission these presentations are preliminary; and when the balanced budget is brought forward, it will point out those things that had to go by the wayside and why. However, he is predisposed to the purchase of the engineering software package to help ensure more accurate budgetary estimates because it is hard to do responsible facility planning without reliable estimates. The City has trouble recruiting good engineers because they go to work for private firms, and it would be helpful to have in-house design capabilities to attract good engineers and retain them. Department of Planning and Community Development. Planning Director Epple distributed the Department's Fiscal Year 2004-2005 budget proposal. Included in the proposal was the program description, major objectives, expenditures by category, fiscal year 2004 budget highlights, fiscal year 2005 budget highlights, and fiscal year 2004 accomplishments. The Department also participates with the Bozeman Area Bicycle Advisory Board, the Bozeman Area Transportation Coordinating Committee, the Story Mansion Task Force, the Community Affordable Housing Advisory Board, and the Revolving Loan Fund committee. The three main categories of budgeting and funding include personnel, operations, and capital. There are two vacancies for entry-level planners, with one in the process of being filled. The services of a contract planner have been used to help pick up some of the current planning workload. Responding to Commissioner Krauss, Planning Director Epple stated that for the foreseeable future, the City will continue to use the services of a contract planner to help handle the workload. Also, the Planning Department is talking about 03-08-04 .. -.. .-.-... -. .- ...-.-.-- --....-.-...---- ....-..--.--- _.__.._._n..._______________ - -.-.-..----- -..-...-.- ______m._. ___ - 3 - a slight reorganization to better define long-range goals and provide cross-training over long-range planning and project review tasks. Funding requests for operations include continued support for the Community Mediation Center's facilitated land use program, contract planner services, purchase of ARC software, updates to the UDO, POST, and the Bozeman 2020 Community Plan, and historic inventory update. Capital expenses include a new full-size vehicle, preferably a van, and half the cost of the front office renovation at the Professional Building. Break 6:55 - 7:00 pm Mayor Cetraro declared a break from 6:55 pm until 7:00 pm to allow the Commission time to prepare for the regularly scheduled meeting. Call to Order. Pledae of Alleaiance and Moment of Silence 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 - March 1.2004 It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the minutes of the meeting of March 1, 2004 be approved as submitted. 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. Consent Items Acting City Manager Brey presented to the Commission the following Consent Items. Acknowledae receipt of application for annexation of 20.12 acres described as Tract 7 A. COS No. 2408 (northeast corner of StOry Mill Road and Bovlan Road) - Brownstone Capital. Inc.: refer to staff Authorize Acting City Manaaer to sian - Acceptance of Sewer and Water Pipeline and Access Easement and Aareement from Moraan Homes - 30-foot-wide easement across Lots Band C of Amended Subdivision Plat No. E-21-B (for Bridaer Commons) Authorize Actina City Manaaer to sian - Temporarv Aareement for Riaht of Entrv and Occupancy - Montana Rail Link. Inc. - to allow installation of 30-inch pipeline alona North Rouse Avenue Authorize Mavor to sian - Amendment "A" to Aareement No. MT -03-18226-013 between the Montana Historic Preservation Office and the City of Bozeman - increase total payments to $5.125 for the period Julv 1. 2003 to June 15. 2004 Award proposal for bankina services for the period April 1. 2004. throuah March 31. 2007. to First Security Bank. per memo from Treasurer Laurae Clark and Accountina Technician Julie Eik. dated March 3. 2004 Ratify Commissioner sianatures on letters to Conaressman Rehbera re fundina for parkina structure Ratifv Mavor's sianature on letter of support to the HOME Proaram for the HRDC application 03-08-04 - _n. _.. .....__......__ .___n..__.___ . ... _._.. ._.___u___._ ..------..-----.---..-.--- - 4 - Buildina Inspection Division report for February 2004 Claims It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the Commission a pprove 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 Kirchhoff, Commissioner Hietala, Commissioner Krauss, and Mayor Cetraro; those voting No, none. Public comment No public comment was received under this agenda item. Public hearina ~ preliminary plat - subdivide 0.6495 acres described as Lot 1. Block C. Marwvn Rearrangement and adiacent vacated Curtiss Street riaht-of-wav into two residential lots - C&H Enaineerina for John Nielson and Rochelle Dean (1136 East Curtiss Street) (P-04002) This was the time and place set for the public hearing on the preliminary plat requested by C&H Engineering for John Nielson and Rochelle Dean under Application No. P-04002, to subdivide 0.6495 acres described as Lot 1, Block C, Marwyn Rearrangement, and the adjacent vacated East Curtiss Street right-of- way into two residential lots. The subject property is located at 1136 East Curtiss Street. Included in the Commissioners' packets was a memo from Associate Planner Morris, dated March 3, 2004, requesting that this public hearing be continued to March 22 to give the Planning Board an opportunity to forward a formal recommendation. Mayor Cetraro opened the public hearing. It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the public hearing be continued to March 22 to give the Planning Board an opportunity to forward a formal recommendation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, Commissioner Youngman, and Mayor Cetraro; those voting No, none. Public hearina ~ Certificate of Appropriateness to allow the addition of a kitchenette to the existina second floor studio located above the detached rear aaraae located on Tract 3. Block 6. Babcock & Davis Addition. thus creatina an accessory dwellina unit. with deviation from Section 18.16.040. to allow second dwellina unit on lot less than the reauired 60~foot width - Phil and Janie Battle. 514 North Church Avenue (Z~04019) This was the time and place set for the public hearing on the Certificate of Appropriateness requested by Phil and Janie Battle under Application No. 2-04019, to allow the addition of a kitchenette to the existing second floor studio located above the detached rear garage located on Tract 3, Block 6, Babcock and Davis Addition, thus creating an accessory dwelling unit, with a deviation from Section 18.16.040 of the unified development ordinance, to allow a second dwelling unit on a lot less than the required 60-foot width. The subject property is located at 514 North Church Avenue. Mayor Cetraro opened the public hearing. Historic Preservation Planner Bristor presented the staff report, noting the garage is currently undergoing construction with current Certificate of Appropriateness approval. One deviation is being requested, to allow an accessory dwelling unit on a lot less than the required width. Staff has reviewed this application in light of the applicable criteria and recommends conditional approval. Staff's comprehensive findings can be found in the written staff report. No public comment has been received by staff. No public comment was received. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. 03-08-04 ..--.. ..--- .....-...------------ ....--- _. ___..__._..____..____________________.n__.__.__________._. __.___._.. - ____._.__ ._nnn ....._..._ - 5 - It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the Certificate of Appropriateness requested by Phil and Janie Battle under Application No. Z-04019, to allow the addition of a kitchenette to the existing second floor studio located above the detached rear garage located on Tract 3, Block 6, Babcock and Davis Addition, thus creating an accessory dwelling unit, with a deviation from Section 18.16.040 of the unified development ordinance, to allow a second dwelling unit on a lot less than the required 60-foot width, be approved subject to the following conditions: 1. The applicant shall supply one on-site parking space in the rear yard, which adheres to the conditions stated in Section 18.46.020 "Stall, Aisle and Driveway Design," namely that the parking space will measure at lease 20 feet in length and 8 feet in width. 2. The proposed accessory dwelling unit shall adhere to the standards stated in Section 18.40.030 "Accessory Dwelling Units," namely that the occupancy of the accessory dwelling unit does not exceed two persons. 3. Prior to building permit approval, the applicants shall apply for water and sewer permits, subject to approval by the Water and Sewer Department. 4. The applicant shall obtain a building permit and pay all required fees prior to construction and within one year of Certificate of Appropriateness approval or this approval shall become null and void. 5. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness with deviations application. Any modifications to the submitted and approved drawings shall invalidate the project's approval unless the applicant submits the proposed modifications for review and approval by the Department of Planning prior to undertaking said modifications, as required by Section 18.64.110 of the Bozeman Unified Development Ordinance. The motion carried by the following Aye and No vote: t hose voting Aye being Commissioner Hietala, Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, and Mayor Cetraro; those voting No, none. Commission Resolution No. 3662 M placina the auestion of conductina local aovernment review and establishina a study commission on the June 8 ballot Included in the Commissioners' packets was a copy of Commission Resolution No. 3662, entitled: COMMISSION RESOLUTION NO. 3662 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CALLING FOR AN ELECTION ON THE QUESTION OF CONDUCTING LOCAL GOVERNMENT REVIEW AND ESTABLISHING A STUDY COMMISSION, PURSUANT TO SECTIONS 7-3-171 THROUGH 7M3M193, M.C.A. Acting City Manager Brey reminded the Commission that the constitution of the State of Montana establishes a procedure for the review of the existing form of city government every 10 years, if the citizens so desire. The question of conducting such a review will appear on the June 8th ballot; and if the question is passed then, the study commission would be elected at the November, 2004 general election. The number of members is discretionary, requiring an odd number of members, but not less than three. Previous study commissions have consisted of five members. Inclusion of an ex-officio, non-voting member is also mandated. It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that Commission Resolution No. 3662, placing the question of conducting local government review on the June 8 ballot, be adopted. 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. 03-08-04 -- .....---...-".-..-.-.-..--.-.-.-.--- - 6 - Staff report - reauested creation of special improvement district for North 11th Avenue between West Oak Street and Baxter Lane Included in the Commissioners' packets was a memo from Director of Public Service Arkell, Administrative Services Director Gamradt, and City Engineer Hixson, dated March 3. Administrative Services Director Gamradt noted the Engineering Department received a petition requesting the creation of a special improvement district (SID) for North 11th Avenue between West Oak Street and Baxter Lane for the Tange Subdivision. Staff recommends denial of this SID because financing the cost of all improvements in an undeveloped district is contrary to the City's SID policy and financing the cost of after-the-fact improvements is not in the public interest. The Commission did, however, previously approve after-the-fact S IDs for the Valley West project. Those S I Ds were used for all improvements and were approved contrary to City SID policy. Staff did not support those SIDs, either. Jane Mersen, representing the Tange family, provided the history of this project, what the developer did, and why they are now seeking an SID. In May, 1998 the Tanges received plat approval for a five-lot minor subdivision on Oak Street. Conditions of approval for that plat only required the developer to improve North 11 th Avenue to the point of the edge of Lot 5 and install a cul-de-sac. In 2001, the development was completed, including all water, sewer, paving, curb, gutter, and sidewalk installations paid for by the developers because the City had identified North 11 th Avenue as an important street in its transportation plan. City staff led the Tanges to believe they could create an SID for these improvements. In 2002 the SID was rejected because the method of assessment did not comply with State law, but the Tanges were never told about the City's SID policy. In February, 2003, the Tanges again petitioned for the creation of an SID, which was rejected because of language on the plat. The City Attorney's office responded the SID shouldn't have been rejected and would go forward. On March 5th, it was learned the creation of this SID violates City SID policy and would be recommended for denial. However, there is a way allowed in the SID policy for creation of an SID that wouldn't be in violation of the policy. One of the conditions that must be met is that the appraised value of each parcel is not less than two times the amount of the assessment assigned to that parcel. The value of the undeveloped lots far exceeds two times the assessment; $3 per square foot per lot is the guesstimate. Under that subsection, the Commission could create an SID and direct staff to prepare a resolution of intent to do that. Ms. Mersen reminded the Commission the Bozeman Greater Transportation Plan - 2001 Update recommends improvements to North 11 th Avenue from Oak Street to Baxter Lane, and this developer has constructed more than a third of those improvements. The Pecci a and Associates studies show improvements to North 11th Avenue would reduce traffic flow on North 19th Avenue and North 7th Avenue; and it would be in the public interest to reduce traffic on those roads, which is one of the reasons staff has recommended denial of this SID. Therefore, there is no legal reason why the Commission cannot create an SID and lots of good reasons why the Commission should. Commissioner Krauss pointed out the Commission doesn't have any competent evidence of the value of the lots. Greg Allen, Superior NorthWest, responded Lot 5 contains three buildings, with a total value of $6,000,000. Lot 1 contains the Hampton Inn, which is valued at $4,000,000 to $5,000,000. This is an overlay district where land is quite valuable and expensive. They did not have time to collect this data prior to this meeting, but an estimate contained in the Greater Bozeman Area Transportation Plan - 2001 Update values this land at $2.13 million. Commissioner Youngman noted the SID policy is specific about creating SIDs for paving if the developerfinances the costs of water and sewer improvements and asked if the Tanges had considered this. Ms. Mersen replied they learned of the recommendation of denial on Friday and have had no time to gather further information, but she would be happy to provide it at a later date. She is, therefore, asking for more time to get the requested information to the Commission before they make a decision on this item. Commissioner Youngman noted the developer could have installed a cul-de-sac and asked if they would have been required to install water and sewer to this point anyway. City Engineer Hixson responded cul-de-sacs are not allowed on streets over 500 feet in length. Commissioner Youngman then noted the City has allowed a variety of options in the past for a variety of infrastructure projects and asked if there are any other options beside an SID. Director of Administrative Services Gamradt stated there has been only one other after-the-fact SID, which wasn't supported by staff, either. Commissioner Youngman asked if the City has worked out other payback agreements that weren't SIDs, to which Director Gamradt responded those were quite different situations. City Engineer Hixson noted the City used to do oversizing agreements, like 03-08-04 -------------- ..-.---.-----..------------ ... _____.____..__. __n____.__.___ .._. - 7 - for installation of oversized water mains; but now impact fees are supposed to do that. Commissioner Youngman inquired if the City is using impact fees, would there have been something in the agreement stating that a portion of impact fees would be used for pay for oversizing of mains. The City Engineer stated the project must be in the top five on the CIP impact fee list, and this project wasn't. Commissioner Kirchhoff referred to the provision in the SID policy that allows the creation of an SID for all improvements if the developers post additional security that is equal to five years of principal and interest payments on the bonds, and asked why the developer has not taken advantage of this provision. Ms. Mersen responded it was because they only found out this City policy on Friday, but they will look into it. Mr. Allen added other statutes say if the value of the property is more than twice the value of the improvements, that wouldn't be necessary; and this property's value far exceeds the value of the improvements. Commissioner Kirchhoff asked if the reason staff is against this proposal is because of the risks after what happened with the Valley Unit Subdivision, and is there a similar risk here or does this policy forbid after- the-fact SIDs without assessing the risks. Director of Administrative Services Gamradt stated the risks were not assessed; the recommendation for denial is solely based on the SID policy. He doesn't agree that SID policy allows after-the-fact SIDs. Commissioner Krauss, also referring to the provision in the SID policy that allows developers to post security that is equal to five years of principal and interest payments on the bonds, asked if that could be removed from the proceeds. Director Gamradt stated that provision has never been utilized in the history of Bozeman, and it also states the ability to do that is contingent on bond counsel approval. He would be open to exploring the possibility of such an arrangement. Commissioner Krauss noted one of the risks of that approach would be the value of the undeveloped property would fall below the SIDs and other costs; and people would stop paying their taxes, causing the City to lose that money. Commissioner Krauss said he would be open to seeing if this item could be postponed to allow time to get further information, assess the risks, and get information from bond counsel. Staff Attorney Cooper noted the Commission can postpone consideration on this item indefinitely, if it so desires. Ms. Mersen said she could have the necessary information in two weeks. Director Gamradt agreed that would give him time to confer with bond counsel, as well. It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that action on the creation of a special improvement district for North 11th Avenue between West Oak Street and Baxter Lane be postponed until March 22, 2004. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, and Mayor Cetraro; those voting No, none. Staff update - Bozeman Creek neiahborhood plan Included in the Commissioners' packets was a memo from Associate Planner Sanford and Assistant Planner Kozub, dated March 3, forwarding a status report on the Bozeman Creek Neighborhood Plan. Associate Planner Sanford stated that in response to Commission direction from the January 12th meeting, a group of stakeholders was convened who met twice to address Commission concerns. The two basic products prepared by that group are a set of revisions to Chapter 5, the implementation chapter, to identify more detailed implementation tasks and assign responsibility for those tasks to particular groups; and revisions to the Preferred Alternative map, which now includes a clear overlay that depicts the existing zoning and existing structures in the study area. The stakeholders group included Commissioner Krauss, JP Pomnichowski, Sarah Alexander, GK Reiser, Frank Munshower, Randy Johnson, and Ted Lange. Commissioner Youngman noticed the requirement for development through the planned unit development (PUD) process and asking the County to encourage annexation of these properties have disappeared from the strategies and asked for the rationale in doing so. Associate Planner Sanford responded the PUD process was originally proposed to make sure any development was compatible with the existing neighborhoods; but upon further reflection of that strategy, the group decided the City's requirements were vigorous enough to ensure compatibility so it was dropped. Further responding to Commissioner Youngman, Sarah Alexander said connections to City water and sewer service and annexation should have been two different points to begin with, and that was an oversight; but there is no real reason to encourage annexation as long as the County supports the overall implementation plan. 03-08-04 - .. ._._...un ._...""... ,,___._.___ _.._. .._..n__._____ .. _._n____ .__..._._n_n__ .- -..----- - 8- Commissioner Krauss thanked City staff, the committee, and the neighborhood for all their hard work. The very first thing the City needs to do now is to encourage the County to adopt this plan as part of the Bozeman Neighborhood Plan since a large portion of this property is in the county. Commissioner Youngman stated she is impressed with the increased practicality; this is a more solid and helpful document now. In response to Commissioner Krauss, Associate Planner Sanford said she hopes staff will be able to publish the final document soon so the public can purchase and use it. She also plans to post it on the City's website within the next few days. Staff presentation - 2004 Sidewalk Proaram report Included in the Commissioners' packets was a memo from Engineering Assistant Kerr, dated February 10, forwarding the draft 2004 sidewalk priority list and proposed implementation schedule. Also in the packet were a copy of the memo to Dana Huschle, New Hyalite View Subdivision, from Neighborhood Coordinator Oulman, forwarding information on the process, and a fact sheet distributed at a recent neighborhood meeting. Distributed just prior to the meeting was an information packet prepared by Engineering Assistant Kerr, showing a brief history of the installation of sidewalks in Bozeman. Engineering Assistant Kerr reviewed sidewalk program history, noting the New Hyalite View Subdivision is the area proposed for this year. Sidewalks are proposed for all streets in this subdivision, except Maple Drive, which isn't fully paved; and those sidewalks will be installed when the street improvements are made. The first sidewalk program neighborhood meeting, which was well attended, gave people an overview of the process and allowed them to ask questions. The New Hyalite View Subdivision is a well-established, older subdivision and to install sidewalks will result in significant impacts to landscaping in some instances. Staff has tried to minimize any impacts to landscaping by allowing a meandering sidewalk alignment, which will allow many mature trees and landscaping to remain. Approximately 80 shrubs and 25 trees will need to be removed and 50 trees will require trimming. About 35 driveway approaches won't match the sidewalk grade, and some mailboxes will have to be relocated. Some lots will require retaining walls, as well. If the City does go ahead with ordering in these sidewalks, the owners would be given this season to complete the work themselves, and the City will contract for the remaining installations next year. Commissioner Kirchhoff asked how the costs for modifying the driveway approaches are broken down. Engineering Assistant Kerr stated those costs will be borne by the homeowners. Commissioner Youngman inquired about costs for corner lots. Engineering Assistant Kerr stated he checked with Billings, and they provide a corner-lot sidewalk subsidy for repair work only; but that doesn't apply to new sidewalk construction. Acting City Manager Brey stated the Resolution of Intent would normally be on the consent agenda; but in this case, it will be a regular line item. The true public hearing will be held on April 5, 2004. Break 8:03 - 8: 13 pm Mayor Cetraro declared a break from 8:03 pm until 8: 13 pm in accordance with Commission policy. Discussion. scope of services - parkina desian contract Included in the Commissioners' packets were memos from Acting City Manager Brey, Superintendent of Facilities and Lands Goehrung, and Chris Pope, Chair of the Parking Commission, all dated March 4, 2004, forwarding information to be considered in identifying the scope of services for the parking structure design contract. Acting City Manager Brey reviewed specific items the Commission requested be included for discussion this week. Parking capacity analyses from the Bozeman Urban Transportation Plan, 1993 Update, the Downtown Bozeman Improvement Plan, also known as the Makers Plan, and the Greater Bozeman Area Transportation Plan, 2001 Update have been distributed to the Commissioners, as requested. The most important data comes from the Greater Bozeman Area Transportation Plan, 2001 Update, conducted by 03-08-04 -------------- .------- --.---.- - 9- Pecci a and Associates, which used the same data collection methods in 1992 and 2000 so the data would be comparable. Those studies all indicate utilization of available parking has increased steadily. Table 8-2 refers to the utilization of City-owned lots and shows utilization went from 49 percent to 72 percent of capacity during the day and from 34 percent to 55 percent for evenings. Table 8-3 provides a summary of private-lot parking in the downtown which shows increases from 49 percent to 60 percent during the daytime and from 21 percent to 42 percent for evenings. On-street parking is addressed in Table 8-4 and shows daytime usage increased from 52 percent to 57 percent, while evening usage increased from 30 percent to 47 percent. Commissioner Kirchhoff asked if a firm has been contracted to do the SID, to which Acting City Manager Brey responded that will be part of the contract negotiations. A parking SID has six variables, and he would like the consultant to provide advice on how to weight those variables. Superintendent of Facilities and Lands Goehrung reviewed the draft of the scope of services presented to Prugh and Lenon Architects that includes items from the original request for proposals and concerns the Commission identified at its March 1 meeting. There is some flexibility as to how deeply the City gets into the scope of services with the architectural firm. In both presentations before the selection committee, each firm had an engineering firm identified as one of the subcontractors who would be capable of assisting the City with the SID work. Commissioner Youngman said she doesn't see any specific references to a traffic impact study, which she thought was part of the design process. Superintendent Goehrung responded that any parking structure is going to have impacts on the adjoining streets and assured her the architect will be looking at the impacts on neighborhoods. Prugh and Lenon had originally identified four community meetings, but that number could be more or fewer, depending on Commission direction. He believes that should come at the front end of this process to be most cost effective. Commissioner Youngman said the traffic impact studies are what she is most interested in, both negative and positive impacts, because there could be a positive impact from downtown employees' cars not clogging the streets. Commissioner Krauss questioned if the redesign of Mendenhall Street should be included in the scope of services for this project, or if City Engineering staff will do that; and what those costs will be. Responding to Commissioner Kirchhoff, Commissioner Krauss reviewed his request for a needs assessment because there is no recommendation from the Parking Commission that a parking garage is required regardless of what else may be developed downtown because it is a stand-alone project. He questions the need for a parking garage right now, how soon will one be absolutely necessary, and how it is going to be paid for. Commissioner Krauss said he feels if the Commission is going to commit public resources to this parking structure, then it better be a high priority in relation to other demands for public money. He needs either a commitment for downtown development which would create the need for a parking structure or an immediate need must be established. Commissioner Hietala stated the city is not netting extra parking from construction of this garage. His concept of development that requires a parking garage is when development density creates congestion that requires a vertical structure to accommodate those vehicles. Commissioner Hietala suggested the Commission postpone this discussion for six to nine months to allow time for a hotel, convention center, or some component of a performing arts center to be brought forward from a developer who has funding and a project in place. In the interim, Planning staff could pursue a plan to promote and redevelop the downtown area. Jane Jalenski, 433 North Tracy Avenue, stated she was glad to hear the Commission talking about impacts on the surrounding neighborhoods. Cost estimates for Mendenhall Street and Tracy Avenue improvements should include assessments, the costs of traffic signals, and impacts on property taxpayers in those neighborhoods. Ms. Jalenski said she has heard the costs won't be borne by the taxpayers, and then she heard the City will buy bonds. The entire cost of this project needs to be included in the information both the Commission and the citizens consider. Michael Delaney, 101 East Main Street, stated he strongly disagrees that it doesn't matter who does the needs assessment. Those with a vested interest will color the study to prove their theory is accurate. He strongly suggests doing a double-blind study, using a real estate appraiser and a parking consultant. The City also needs to hire a needs assessor and a real estate appraiser to determine what those properties are actually worth. 03-08-04 .--.----..-- ___..n__.____ - 10- Chris Pope, Parking Commission chair, stated a true needs assessment doesn't need to be undertaken because the City already has that information. It has been said many, many times that parking is the number one problem in downtown Bozeman, and it doesn't take more studies to identify the problem. A central parking garage is a matter of time, not an if. The Parking Commission is prepared to do the work with the existing request for proposals to bring forward a plan of merit that is fair and prudent. Mr. Pope said he wants the public to understand there has never been one moment of this process that hasn't been transparent and fair. He agreed there is a lot of work to be done; these projects are inherently complicated. Whether or not the downtown needs a parking garage this year, or it is connected to some future development, the Parking Commission agrees with the need for a good road map; and they believe they can do that work under this request for proposals. Thomas Nygard, who identified himself as one of four close advisors to Mr. Clotfelter, noted they have spent countless hours on the Arts at City Center project. While a parking garage may appear as somewhat of a stand-alone project on the surface, it is a precursor to the Arts at City Center because without a parking garage, there will be no Arts at City Center. Mr. Nygard stated people in this town have debated downtown parking issues to the brink of lunacy and spent hundreds of hours trying to resolve this problem. The City has a chance to act now or study this to death, causing the death of the Arts at City Center project because a delay will spell disaster for this project. One reason for the City to go forward with this garage is because it will benefit the community. Commissioner Kirchhoff stated he feels the inclusion of positive and negative neighborhood impacts in the scope of services is a good idea. Also the parking SID variables need to be addressed and the Commission needs to be provided with several scenarios for weighting of those variables. Commissioner Kirchhoff said he agrees a needs assessment isn't necessary. A parking structure is good for Bozeman and will help to redevelop the core of the city by being a magnet for further development. Areas for redevelopment of the downtown need to be opened up, including those providing nighttime activities. A parking structure will also help retain the history and the value of the properties downtown. Commissioner Kirchhoff noted this city needs a parking garage to aid in the redevelopment of the downtown, retain the history of this community, and help the arts, in addition to storing cars. A parking structure cannot be reduced to a simple structure for only storing cars. Commissioner Krauss stated he wanted to clarify that the Commission voted 4 - 0 last week to direct staff to enter into contract negotiations with Prugh and Lenon Architects, with these items to be included in the scope of services. They did not vote to proceed with construction of a parking garage. Commissioner Youngman voiced her agreement that an appraisal is needed, and she also agrees with Mr. Delaney that it shouldn't be conducted by Prugh and Lenon Architects; it should be an independent appraisal. Referring to item 4B, Commissioner Youngman requested the phase "north and south" be added to the last sentence; and the words "target audience" in the third sentence be replaced with the word "participants", so people will know they are participating in this process. Superintendent Goehrung stated he was suggesting individual groups who might have concerns with this project, such as surrounding neighborhoods and downtown business owners. Commissioner Youngman then suggested adding the words "downtown property owners, general public, north/south neighborhoods" to make it more specific. Commissioner Krauss added the phrase "general public" needs to also be included because this will involve general public debt through the sale of bonds. He still believes the Commission needs to determine if this is one of the most important things that the City should incur public debt for. Commissioner Kirchhoff stated he believes the City needs to go with an investment that is going to enhance an area of the city, and the downtown is an important place and one of the last places with the opportunity to make something happen with a minimal investment. He believes the monetary investment will be worth the return. Commissioner Krauss said he is willing to turn the selection of a parking consultant over to the Parking Commission, and let them run with it if they want to. He doesn't believe the rest of the city is ready to pay for a parking structure when the true need for one hasn't been determined. 03-08-04 -- - - ----- --- -.------------.-..--...-..------ --...--- - 11 - Commissioner Hietala expressed his preference to see the proposal phased according to the different tasks that need to be accomplished. He would like to see design costs separate from the costs of assisting the City with preparation of SIDs, and the cost of construction oversight activities presented separately in the proposal. That way, if this ends up on a shelf somewhere, the City isn't paying for more than just the design. The Commissioners agreed to have the design costs and other costs presented separately. Commissioner Krauss asked to have the public meetings at the front of this process because the City needs much more buy-in than it's getting now from the public if this project is to go forward. Commissioner Youngman pointed out the first public meeting is scheduled within the next couple of months. Commissioner Youngman requested language requiring an independent appraisal be added to item 2a of the scope of services. Item 4b should include "downtown property owners, general public involvement, and neighborhood involvement. A majority of the Commissioners agreed to these changes. Responding to Commissioner Youngman, Commissioner Krauss stated a traffic study is determining where the traffic will be funneled north and south when everybody heads out of the parking garage at the same time and is seeking the shortest route through the city, and determining what that is going to do to traffic throughout the city. Superintendent Goehrung indicated he will be working with the Engineering Department to make sure all elements of a traffic study will be addressed with the scope of services. Commissioner Kirchhoff questioned the need for a traffic study for a parking structure. Commissioner Krauss responded it is because parking will be concentrated in one spot, vehicles will exit in one spot, and how that will change the flow of traffic when they all leave at once needs to be determined. A majority of the Commissioners agreed to add this direction as an understood point for a traffic study. Superintendent Goehrung asked if the site of the parking structure should be looked at as a point of analysis. Commissioner Krauss asked to see an analysis of a parking structure at this location versus another location because he doesn't want to presuppose a location without an economic analysis. Commissioner Youngman noted the request for proposals has specified this location, and information gathering has indicated this as one of the most ideal locations. Commissioner Krauss indicated he would like to take the Parking Commission up on their offer to conduct a needs assessment. Mr. Pope asked if they could bring in expertise to conduct that assessment on behalf of the community, to which Commissioner Krauss indicated they could. It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, to direct staff to continue negotiating the scope of services with Prugh and Lenon Architects, including changes to the scope of services as agreed upon by the Commission, as follows: Revise the last sentence of Item 2a to read as follows "The Commission has also asked staff to arrange for an independent appraisal of the propertie"s." Revise the third sentence of Item 4b to read as follows "In your proposal outline the timing of the meetings and the participants for each meeting, including downtown property owners, the general public, and neighborhoods to the north and south." Add the following to the scope of services: 1) a traffic impact study, 2) confirm phasing is included in agreement 3) The needs assessment will be handled by the Parking Commission, and the appraisals and needs assessment will take place concurrently with the scope of services being executed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, and Mayor Cetraro; those voting No, none. Discussion. FYI Items The following "For Your Information" items were forwarded to the Commission. 03-08-04 -. .. --------- .----.-....... ----.-..-.-.-....-- - 12 - (1) Letter from Jan Elpel, 8215 Fowler Avenue, dated February 24, encouraging the City to provide assistance for the homeless and low income residents in the community. (2) Letter from Jan Elpel, 8215 Fowler Avenue, dated February 23, expressing concern about the proposal to locate the performing arts center complex in the downtown area. (3) Letter from Jan Elpel, 8215 Fowler Avenue, da'ted February 23, encouraging that the Story Mansion be used for a public purpose, not a use enjoyed by a wealthy few. (4) Copy of a letter from Don Mazzola and Lu Goodrum to Greg Raths, Chair of the Fairground Board of Directors, dated February 25, expressing concern about the noise being generated at the motor sports area. (5) Letter from Bonnie Hash, 1204 North 9th Avenue, dated February 25, asking that the City not allow the mitigation of wetlands for the Oak Street business development to be done in the North 9th Avenue Park. (6) Letter from Michael Delaney, Delaney and Company, dated March 8, encouraging the Commission to take a second look at negotiating a contract with Prugh and Lenon for design of a parking structure. (7) March 3 updated listing of planning projects to be considered at upcoming Commission meetings. (8) Agenda for the School Board of Trustees meeting to be held at 7:00 p.m. on Monday, March 8, at the Willson School. (9) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, March 9, at the Courthouse. (10) Agenda for the County Planning Board meeting to be held at 6:30 p.m. on Tuesday, March 9, along with minutes from their meeting held on February 24, 2004. (11 ) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, March 9, at the Professional Building. (12) Memo from Planning Secretary Hastie announcing that the Design Review Board meeting for March 9 has been cancelled due to the lack of agenda items. (13) Newsletter from Headwaters Recycling, announcing the next meeting, to be held on March 11 at Wheat Montana. During his FYI, Staff Attorney Cooper noted: 1) City Attorney Luwe will be gone the next two weeks. 2) He will also be gone next week. Commissioner Krauss offered the following during his FYI: 1) The Bozeman Creek neighborhood is still concerned with the deed that wasn't filed in the mid-1980s. Ice Pond Road is landlocked by the Boys and Girls Club property. 2) He went to Missoula on Saturday to attend the Montana On the Move conference. 3) He will be gone March 22nd and unable to attend that meeting. During her FYI, Commissioner Youngman stated: 1) The City has been receiving some project money recently, including a donation to the library and two small historic preservation grants. 2) She represented the Commission in a meeting with the Montana State University Student Senate who is trying to ship items to the troops in Iraq. They may be requesting a resolution of support and a monetary donation to help with these efforts. Mayor Cetraro noted he: 1) Talked with Acting City Manager Brey, Commissioner Krauss, and Clerk of the Commission Sullivan last week regarding some ideas for streamlining the Commission meetings. Commissioner Krauss stated the primary thing will be to structure the meetings so that all public hearings occur at the beginning of the meeting, and then the public hearings are closed. The reason for this change is the criticism from residents that the public has to wait around until late in the evening to give their testimony, and the Commission meetings last too long. The public hearings would occur first, in a predictable manner, 03-08-04 ._ .._n___ -.- -......---.------ .-.-- -" -- ...-..--- __..____.____ ....._._n____ ._._. -.----..-. _.___.__..n._____ - 13 - then the business portion of the meeting would be held, followed by staff presentations, and then the vote. Commissioner Youngman stated the public would be testifying in complete ignorance, which would be of less value to the Commission, because the public hasn't had the benefit of the applicant and staff information. Mayor Cetraro responded this is a good first step to streamlining the meetings, it shows good leadership, and he is willing to take the next step to make this happen and then reassess it at a later date. He believes this will address the public's needs and concerns. Commissioner Youngman noted staff is insanely busy right now and suggested coordinating things that have already been identified as priorities. Mayor Cetraro responded that since the city is in the midst of bringing a new City Manager aboard, this would be the time to make these changes. Acting City Manager Brey noted the public hearings would need to be moved to the City's advisory boards, who will then come forward with their recommendations, because the applicant needs to have an opportunity to make their pitch and rebuttal opportunities need to be provided. Since there is so much for a new City Manager to become familiar with, he would prefer to have any changes made in place prior to the arrival of the new City Manager. The City Attorney's office and the Planning Department will have to answer the questions that arise from exploring this process. Commissioner Kirchhoff offered the following FYI items: 1) He thanked the Commission for signing the letter to Representative Rehberg so quickly. 2) His trip to Mexico last week was impressive. He traveled to the poorest state in Mexico with a group of medical professionals to help administer medical aid. Acting City Manager Brey stated he will be gone next week, and Administrative Services Director Gamradt will conduct the meeting. Adjournment - 9:55 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 Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, Commissioner Youngman a Mayor Cetraro; those voting No, none. A ATTEST: ~.L~ Clerk of the Commission PREPARED BY: ~~~ REN L. DeLATHOWER Deputy Clerk of the Commission 03-08-04