HomeMy WebLinkAbout2000-10-23 Minutes, City Commission
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MINUTES OF THE MEETING OF THE CITY COMMISSION
. BOZEMAN, MONTANA
October 23, 2000
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The Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building, on Monday, October 23, 2000, at 3:00 p.m. Present were Mayor
Youngman, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Acting City
Manager Luwe and Clerk of the Commission Sullivan. Commissioner Brown was absent.
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.
Authorize absence of Commissioner Brown. in comeliance with Section 7-3-4322(2). M.C.A.
It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the
absence of Commissioner Brown from this meeting be approved, in compliance with Section
. 7-3-4322(2), M.C.A. The motion carried by the following Aye and No vote: those voting Aye
being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff and Mayor
Youngman; those voting No, none.
Consent Items
Acting City Manager Luwe presented to the Commission the following Consent Items.
Commission Resolution No. 3409 - authorize Actina City Manaaer to sian Chanae
Order No.1 - 2000 Street Imerovements--Sehedule I - JTL Graue. Inc..
Belgrade. Montana - add $7 .135.00 and 20 calendar days
COMMISSION RESOLUTION NO. 3409
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN.
MONT ANA, APPROVING AL TERA TION/MODIFICA TION OF CONTRACT WITH
JTL GROUP, INC., BELGRADE, MONTANA.
Aeeroval of one-year extension of Dreliminary Dlat aDDroval for Babcock
Meadows. Phases IIA and liB
. ADDrOval of one-Year extension of preliminary Dlat aDDroval for the Amended Plat
of Block 3. Tange's Subdivision (subdivide 20.2 acres into five lots for
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commercial develooment) (lyina between Baxter Lane and West Oak
. Street. generally between North 9th Avenue and North 11 th Avenue
extended) (P-9827)
ApDointment of Commissioner Kirchhoff and Commissioner Brown to sub-
committee to review Pledged Securities as of Seotember 30. 2000
Buildina InsDection Division reDort for SeDtember 2000
Claims
It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, 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 Smiley, Commissioner Kirchhoff, Commissioner
Frost and Mayor Youngman; those voting No, none.
Work Session - (A) Presentation re Gallatin River outstandina resource water desianation - Judi
Brawer: (B) Presentation re community clinic orogram - Health Officer Steohanie Nelson:
(C) UDdate re EPA case study - Proiect Enaineer Karen Finke: (D) UDdate re CTEP Proaram -
Assistant Planner Karin Caroline: (E) Uodate re 2020 Plan - Associate Planner Chris Saunders:
(F) UDdate re TransDortation Plan - Associate Planner Chris Saunders: (G) Discussion re
. Commission meetina schedule for December: and (H) Discussion re leaislative Dackage from
leaaue of Cities and Towns
(A) Presentation re Gallatin River outstanding resource water designation - Judi
Brawer
Included in the Commissioners' packets was a letter from Judi Brawer, forwarding
information on the American Wildland's proposal to nominate the Gallatin River, from the
northern edge of Yellowstone Park to Spanish Creek, as an outstanding resource water (ORW).
She stated this would be a State designation, and reviewed the process for such a designation,
which includes filing of a petition with the Board of Environmental Review and, upon their
approval, adoption of a bill by both houses of the legislature, thus making the designation a
part of State law.
Ms. Brawer stated that all waters in state parks and wildernesses are designated as
outstanding resource waters; and approval of this nomination would extend that designation
along an even greater length of the Gallatin River. She characterized this designation as being
similar to the wild and scenic river designation, but without the buffers on each side. Rather,
this designation relates to water quality as an outstanding recreation, economic or ecological
river. Once designated as an outstanding resource water, the water quality cannot be
permanently degraded, although temporary degradation resulting from an activity such as
. logging may occur.
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Ms. Brawer stated she is in the process of finishing the petition and is collecting more
. information on the Gallatin River. She then showed the Commission a map which provides the
land owners, land uses and development along the subject section of river. She indicated that
she will be seeking support from the City Commission and the County Commission, once she
has completed the petition and obtained signatures, noting she hopes to have that process
completed in early January.
Mayor Youngman suggested a presentation to the Board of Health would be relevant,
since that body is concerned about water quality in the county.
Ms. Brawer stated that the State developed a list of degraded streams, or impaired water
bodies, and the Gallatin River was on that list. She indicated it has subsequently been removed
from the list; however, due to current and on-going indiscretions, she is concerned about the
quality of the river, and noted that the outstanding water resource designation would help
provide adequate protection.
The Commission thanked Ms. Brawer for her presentation, and indicated a willingness
to consider a letter of support when additional information is available.
(8) Presentation re community clinic program - Health Officer Stephanie
Nelson
Health Officer Stephanie Nelson stated that she is also serving as President of the
. Gallatin Community Clinic Board, noting that program is about four years old. She stated the
clinic is a volunteer clinic providing primary health care to the underinsured and uninsured in
the community, and its intent is to address health disparities. She stated that funding for this
program is through fundraising activities and grants, with the Hospital and United Way being
two of the sources. She stated the Gallatin Community Clinic is currently constrained by
"woefully inadequate" space, since it "lives in a closet and comes alive on Tuesday evenings
and Saturdays".
The Health Officer stated that a year ago, the clinic submitted a proposal to the Bureau
of Primary Health Care; however, that proposal was not accepted. The clinic is now
considering other alternatives, including cooperating with the Park County Community Health
Center Board to create a satellite in Gallatin County. She anticipated that the new proposal will
be submitted in February and the decision will be known in June. If successful, the clinic must
be operational within 90 days, and space and a plan will be needed. She indicated that their
existing space will be acceptable for a period of time; however, within a couple of years,
additional space will be needed to provide for a full array of services. She noted the Hospital
is clearly interested in assisting with the start-up for this program, which meets a need in the
community.
Mr. Buck Taylor, Executive Director for the Clinic, stated that the clinic provides services
for those without health insurance who make too much to qualify for Medicaid yet have
. difficulty paying for medical services in the private market. Through volunteer medical
providers, care is provided seven hours per week on a discounted basis, with patients paying
up to $25 per visit, depending upon the ability to pay. He noted that the clinic operates on an
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annual budget of $60,000, and indicated that 145 people from the community donated 2,700
. hours of service last year. He concluded by indicating the patients need a larger and better
space.
Commissioner Smiley stated that gaps in dentistry and eye care seem to be the two
areas that now need to be addressed.
Health Officer Nelson stated that three years ago, the Health Department undertook a
three-year process to improve the infrastructure of health services, including development of
a coordinated health care safety net that ensures physical health, mental health and dental
services. A pilot oral health program, generally focusing on children, was funded by the
Hospital; although one of the greatest unmet needs at this time is adult dental care. She
concluded by indicating that the vision piece of the puzzle has not yet been addressed.
Health Officer Nelson stated that the clinic is seeking 5,000 square feet of area,
preferably in the downtown area, to address its short-term needs; and its long-term need is for
10,000 square feet. She noted that discussions on the need for space are just beginning, and
asked if the Commission is interested in working with the Health Department to find that space.
Mayor Youngman noted the City has no space at this time; however, several different
alternatives for space are currently being contemplated. She suggested that the possible
acquisition of additional space could result in some opportunities for the clinic.
. The Commission thanked Health Officer Nelson for the presentation.
(C) Update re EPA case study - Project Engineer Karen Finke
Project Engineer Karen Finke stated that when she was attending a gas extraction
seminar in Reno last year, she met with representatives from EPA on several solid waste issues.
In April, she was contacted about participating in a pilot program which includes six
communities, three from the United States and three from Canada. She noted the greenhouse
gas center is one of the programs established to facilitate new technologies, including a
conversion process that rapidly digests solid waste. The results from that program are to be
compared to the data gathered from the six communities, who pursue basic landfilling in
conjunction with recycling and gas extraction. She noted that she recently provided waste
information, and she may need to travel to the site of the experiment in Canada. She estimated
that this program is taking approximately five hours per month; and the result will be a life
cycle assessment model that would cost $10,000 to $15,000 if a consultant completed it.
She also noted that this provides an opportunity to work cooperatively with the State and EPA
in a positive situation.
The Commission thanked the Project Engineer for her update.
(D) Update ra CTEP Program - Assistant Planner Karin Caroline
. Included in the Commissioners' packets was a listing of the Community Transportation
Enhancement Program (CTEP) projects, as prepared by Assistant Planner Karin Caroline.
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Assistant Planner Karin Caroline noted the entryway projects, which included the
. Welcome to Bozeman signs, the East Main Street tree planting, the North 7th Avenue median
landscaping and the enhancements to Sacajawea Park, should be completed by the end of this
month. The next project to be undertaken is Soroptimist Park. The Assistant Planner stated
that award of the contract for engineering and landscape design is tentatively scheduled for
November 6, and construction should be completed within a 60-day period next summer.
The Assistant Planner stated that the Montana Department of Transportation has
approved the three projects submitted for 2000, since the situation with the East Willson
School is so uncertain. She stressed that, since the City receives approximately $151,000 per
year from this program, only two of the three projects can be funded. She then indicated that
the Montana Department of Transportation has indicated the historic lights for downtown may
be purchased prior to their installation in approximately 2003, and then be stored at the yards
in Helena until their installation.
Assistant Planner Caroline stated that the 2001 applications are now ready, and she has
provided information to potential applicants in an effort to ensure the submittal of complete and
competitive applications. She indicated that the deadline for receipt of applications is January
5, 2001.
The Commission thanked the Assistant Planner for her update.
(E) Update re 2020 Plan - Associate Planner Chris Saunders
. Associate Planner Chris Saunders stated the City Planning Board is currently working on
the goals and objectives, and hopes to have them ready for release at the beginning of
November. He stated that drafts including comments from the focus groups as well as general
comments are being prepared, and the development of policies is beginning. He indicated
release of the draft plan has slipped a bit, from November to the first part of the year.
The Associate Planner stated the two major tasks consuming staff time include the maps
and the text. He indicate the inventory maps are being completed, and verification of the
existing land uses for all parcels within the plan is now being undertaken. He stated that work
is also being done on the city/county existing and future trails map, and information from the
transportation plan is to be coordinated with this document.
Responding to Mayor Youngman, the Associate Planner stated that the business/citizen
panel has been used as a focus group, and will be used as a resource for reviewing the final
document.
The Commission thanked the Associate Planner for his update.
(F) Update re Transportation Plan - Associate Planner Chris Saunders
. Associate Planner Chris Saunders stated the draft plan was released on October 18; and
it has been distributed to the Transportation Coordinating Committee members and is on file
in the offices of the City Commission and County Commission and their Planning Boards as well
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as the Library. He noted the entire document and maps are also available on the web. He
. stated that the Transportation Coordinating Committee (TCC), which is the body ultimately
responsible for adoption of the plan, is conducting a public hearing on the plan at 7:00 p.m.
on Monday, October 30, at the Wingate Inn. He indicated a brief presentation will be made,
followed by an opportunity for public comment. Following that hearing, the pUblic comment
period will remain open through November 14; and the TCC will meet on November 15, at
which time it will determine whether to continue the comment period or close it and move
forward on adoption. He indicated that notice of that public hearing has been published in both
the Bozeman Daily Chronicle and the High Country Independent Press and is posted on the web
site.
The Associate Planner stated that the introduction section indicates the goals and
objectives for the Bozeman 2020 Growth Plan, as identified by the public, are incorporated into
the design of the transportation plan. He noted that this link is to prevent conflicts between
the two plans. He also noted that the plan provides for a broad range of transportation options,
including vehicles, transit, pedestrians and bicycles.
Responding to Mayor Youngman, the Associate Planner stated that Monday night's
public hearing is being conducted by the TCC, but he anticipates representatives from all of the
agencies involved will be present. He stressed that the TCC, as the representative body of
many different agencies, will officially adopt the transportation plan; however, the City
Commission could officially sanction the plan through adoption of a resolution.
. Responding to questions from Mayor Youngman, the Associate Planner indicated that
staff will have a plan for ensuring that the public has an adequate opportunity to hear the
presentation and make comments at Monday night's meeting in the event of a large turn-out.
Responding to Commissioner Kirchhoff, Associate Planner Saunders stated that access
control is part of the program. He stressed that the transportation plan addresses general
concepts and the major street networks, with
specific developments providing the
neighborhood street systems and access points to the major grid. He recognized the benefits
of both limited accesses and several access points and suggested that each development be
considered on an individual basis.
Planning Director Epple suggested that the local street standards be addressed in the
subdivision regulations, although he indicated that Mr. Widmayer could be asked for his input
on local street standard design and whether moving toward a traditional grid pattern would be
appropriate.
In response to additional questions from Commissioner Kirchhoff, Associate Planner
Saunders and Planning Director Epple reviewed the proposal in the transportation plan to
truncate Sourdough Road at a point south of its intersection with Sourdough Ridge Road and
the extension of Sourdough Ridge Road to Kagy Boulevard. The Planning Director also
reviewed the alternative suggested by some of the southeast area residents under which
. Donegal Drive would be extended to Kagy Boulevard rather than Sourdough Ridge Road. The
Associate Planner then indicated that the South Church Avenue right-of-way may have
adequate width; however, it has some drainage and sight distance issues that would be difficult
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to address in improving the roadway to a higher standard,
. The Commission thanked the Associate Planner and the Planning Director for the update,
(G) Discussion re Commission meeting schedule for December
As the result of discussion, the Commission concurred that the December 26
Commission meeting should be cancelled and that, if the issue of self-government powers is
approved, possible cancellation of the January 2 meeting be considered at a later date,
(H) Discussion re legislative package from League of Cities and Towns
Previously distributed to the Commissioners was a copy of the legislative package
adopted at the Montana League of Cities and Towns Convention in Missoula,
Mayor Youngman noted that no meeting is being scheduled with the candidates prior
to the election, and suggested that a meeting be scheduled with the successful candidates
between the election and January 1, particularly in light of the fact that there will be several
new legislators,
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The Mayor turned her attention to the legislative package, noting that many of the
resolutions are in support of the proposal developed by the bipartisan committee over the past
two years, She briefly reviewed some of the elements of that proposal, including the
. redistribution of a local option tax in a designated trade center, She cautioned that if major
changes occur in the structure of the proposal as it goes through the Legislature, the City may
find itself in a position of splitting off from its position of support, and stressed the importance
of watching the bill as it goes through the legislative process,
Mayor Youngman noted that other resolutions pertain to expanding the possibility of
adopting a resort tax and possibly distributing a portion of the accommodations tax to local
governments, She noted that a real estate transfer fee is also being proposed, with those
monies being earmarked for infrastructure improvements, She recognized that this proposal
would result in a housing trust fund with no funding source, and suggested that creative ways
of providing funding for that program should be identified.
The Mayor concluded by suggesting that the Gallatin Council of Governments be re-
enacted for this legislative session, and a mechanism for mobilizing a grassroots effort should
be identified, so the citizens can work with government to provide information to the
legislators,
Discussion - FYI Items
Acting City Manager Luwe presented to the Commission the following "For Your
. Information" items,
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(1 ) Letter from the Greater Yellowstone Coalition forwarding comments on the draft
. economic impact analysis for the proposed WalMart expansion.
(2) Memo from the Southeast Bozeman Citizens for Balance Transportation Plans and
Ridge Recreation regarding the transportation plan update.
(3) Copy of a letter from Engineering Assistant Andy Kerr to MSU regarding parking
restrictions on South 11 th Avenue.
(4) Copy of the list of planning projects scheduled for upcoming Commission
meetings.
(5) Copy of a news release on Holnam- Trident Cement Plant's recent recycling award.
(6) . Copy of the public notice regarding the leaf collection program.
(7) Minutes for the Tree Advisory Board meeting held on October 11, 2000.
(8) Agenda for the Development Review Committee meeting to be held at 10:00 a.m.
on Tuesday, October 24, at the Professional Building.
(9) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday,
October 24, at the Professional Building.
. (10) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday,
October 24, in the Ruby Theatre at Three Forks.
(11 ) Agenda for the School Board meeting to be held at 7:00 p.m. on Monday,
October 23, at the Willson School.
( 12) Acting City Manager Luwe stated that all of his staff attended the City Attorney
sessions at the Montana League of Cities and Towns Convention recently, and Staff Attorney
Cooper will be attending a conference on planning issues in San Francisco next week.
( 13) At Commissioner Kirchhoff's request, Acting City Manager Luwe provided a brief
update on the status of the impact fee lawsuit, stating he is awaiting a Judge's decision on the
points which were argued in July. He then estimated it will be another year before the issue
is resolved at the District Court level, after which it may be challenged to the Supreme Court,
depending on other litigation decisions and the State Legislature.
(14) Commissioner Frost stated the Historic Preservation Advisory Board met on
Thursday evening, and they are excited about working on the East Willson School project.
They also received a report from the Save the Ellen Committee that they have offered $1
million for that building and are awaiting a response.
. Mayor Youngman stated that she and Commissioner Frost met with City Manager Clark
Johnson and Historic Preservation Officer Derek Strahn to discuss all of the options for
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properties to house the City's various activities, taking into account the financial pros and cons
. as well as the spacial needs over the next few years.
( 15) Mayor Youngman stated that she has been making presentations on self~
government powers to various organizations, and will be making another presentation at
tomorrow night's forum. She noted that some local groups "are preparing a brochure on the
issue, which will hopefully be disseminated prior to the election.
Commissioner Smiley requested copies of the information that the Mayor has been
providing during presentations on self-government powers, to ensure that all Commissioners
are forwarding the same information.
( 16) Mayor Youngman submitted to the Commissioners copies of letters she has
received from Kenyon Noble and Right Now Technologies. She noted that the letter from
Kenyon Noble, dated October 17, suggests that the City consider purchasing their downtown
location for a Library, thus allowing them to relocate to a better site at the edge of the
community. The letter from Right Now Technologies, dated October 18, proposes the
construction of a convention center along the north side of Oak Street between North 7th
Avenue and North 19th Avenue, to attract larger conventions to the community. Commissioner
Smiley indicated that she will contact Mr. Gianforte regarding his convention center proposal.
( 17) Mayor Youngman asked if the Commission wants an additional discussion
regarding legislative issues on the agenda; the Commissioners decided to further address the
. issue via e-mail.
Adjournment - 5:18 D.m.
There being no further business to come before the Commission at this time, it was
moved by Commissioner Frost, seconded by Commissioner Kirchhoff, that the meeting be
adjourned. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Frost, Commissioner Kirchhoff, Commissioner Smiley and Mayor Youngman;
those voting No, none.
M~Oq~or
ATTEST:
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. ROBIN L. SULLIVAN
Clerk of the Commission
1 O~23-2000