HomeMy WebLinkAbout1999-11-08 Minutes, City Commission
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MINUTES OF THE AGENDA MEETING/WORK SESSION
OF THE CITY COMMISSION
BOZEMAN, MONTANA
November 8, 1999
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. The Commission of the City of Bozeman met in agenda meeting and work session in
. the Commission Room, Municipal Building, on Monday, November 8, 1999, at 3:00 p.m.
Present were Mayor Youngman, Commissioner Smiley, Commissioner Rudberg, Commissioner
Frost, City Manager Johnson, Assistant City Manager Brey, City Attorney Luwe and Clerk of
the Commission Sullivan.
The meeting was opened with the roll call, Pledge of Allegiance and a moment of
silence.
Agenda Meetina - for reaular meetina and public hearings to be held on November 15. 1999
Since this is an agenda meeting, only those issues requiring staff action are contained
in the minutes.
City Manager Johnson briefly reviewed the background information which was included
in the Commissioners' packets. He stressed that, due to the small number of routine business
items on the agenda, the entire meeting has been moved to 7:00 p.m.
(4 & 5) Commissioner Rudberg suggested that, since Commissioner-Elect Kirchhoff
is unable to attend the 3:00 p.m. sessions, the Commission entertain appointing Commissioner-
. Elect Brown to fill out the remainder of the year.
Commissioner-Elect Brown responded that, given his schedule between now and the
end of the year, he would miss at least two meetings if seated next week.
Mayor Youngman noted that, prior to the election, the Commission voted to seat the
top vote getter early, and she feels it is appropriate to follow through with that previous action.
(6 & 7) Senior Planner Dave Skelton gave a brief overview of the requested
annexation and zone map amendment requests. He noted that a development proposal has
triggered both of these applications, but is not to be taken into consideration at this time. He
concluded by noting that staff has recommended approval of both the annexation and the
rezoning, with a revision to the amount of "R-O" zoning to be provided. He indicated that, in
conjunction with future subdivision of this property, it may be possible to extend North 15th
Avenue northward, which may accelerate the need for improvements to Durston Road.
(8) City Manager Johnson noted that the Cemetery Board has recommended the
fees to be established for the new columbarium, which was recently installed. He indicated
that this resolution would typically be on the consent agenda, except he anticipates there may
be public comment.
Commissioner Smiley requested that someone be prepared to address why the City
. should become involved in the plaque business at next week's meeting.
(9 & 10) Planning Director Andy Epple gave a brief overview of this requested
annexation on behalf of Assistant Planner Joni Killebrew. He stated the annexation application
is for 2 Y2 acres of the approximately 14 acres of unannexed land which Mr. Westlake and Ms.
Martinen own just north of WalMart, between the interstate and West Oak Street. He noted
that this application is being submitted in conjunction with a major site plan for a 100,000-
square-foot expansion of WalMart.
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The Planning Director noted the City Manager has suggested that the entire 14-acre
parcel be annexed rather than just the 212 -acre strip being requested. He stated that when the
annexation application was initially discussed, his office informally advised the WalMart
representatives that annexation of the entire parcel was preferable; however, the property
owners are not interested in doing so. He suggested that, since they are seeking annexation,
the City has broad latitude to request the annexation of more land, if determined to be in the
public interest.
Responding to Commissioner Rudberg, the Planning Director stated that the only
. property owners involved in this parcel are Mr. Westlake and Ms. Martinen. He then indicated
that a majority of the Pea Cannery property, which lies immediately to the east, is outside city
limits.
City Attorney Luwe stated that if the Commission wishes to annex the entire parcel,
at next week's meeting it will decline to pass the resolution of intent, based on it not being in
the public interest to annex the small strip. He cautioned that this property is not wholly
surrounded and, if the City adopts a resolution of intent to annex the entire parcel, it is possible
for the property owners to protest it out. He noted that if that occurs, the property owner may
once again seek annexation of this small parcel, but the City cannot pursue annexation for one
year.
Responding to Commissioner Frost, City Manager Johnson stated he is concerned
about the need for joint SID/RIDs for improvements, particularly a stop light at East Oak Street
and North Rouse Avenue, since a portion of the property lies outside city limits. He also noted
that the entire length of the Westlake property fronts on Oak Street, and will be prime property
for development in the near future.
Responding to the City Manager, Planning Director Epple stated that the property
owners were cooperative in providing right-of-way for the Oak Street extension.
Responding to Mayor Youngman, the Planning Director cited the Westfield Subdivision
. as a recent example of the City agreeing to piecemeal annexation of a larger parcel of land.
Mayor Youngman stated her concurrence with the City Manager's suggestion that the
entire parcel be annexed.
Commissioner Rudberg stated that if a new business were being constructed on this
parcel, she would agree; however, it is for expansion of an existing building. She expressed
concern that the only party hurt by failure to annex the subject strip is WalMart. She then
noted that, given the prime location of this property, she anticipates a request for annexation
of the remainder of the property in the near future.
Planning Director Epple noted Director of Public Service Debbie Arkell's long history of
this area and the various projects, and that she has reminded him that when the Westlakes
annexed the property for WalMart and Mr. Gene Cook's project, she suggested it would be
much more desirable to annex the entire parcel, and got the same response at that time.
Commissioner Smiley requested a work session on joint SID/RIDs; the City Manager
responded that he will put it on the list.
(11 ) City Manager Johnson noted that this item was placed on the agenda to give
the Commissioners an opportunity to develop a list of topics for the joint meeting, which the
. Mayor may then present to the Chair of the County Commission.
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Work Session - (A) Brief update on historic preservation handbook - Historic Preservation
Officer Strahn; (8) Update re Sundance Sprinas parkland acauisition fund - Russ Tuckerman:
(C) Discussion re composition of Design Review Board and aualifications of current members
(A) Brief update on historic preservation handbook - Historic Preservation
Officer Strahn
Included in the Commissioners' packets was a memo from Historic Preservation Officer
Derek Strahn, dated November 3.
. Historic Preservation Officer Strahn stated that its October meeting, the Historic
Preservation Advisory Board looked at the handbook. He noted that the previous month, they
met with representatives from the SAE fraternity and learned that Mr. Doug Morely, adjunct
professor at MSU, had received approval to prepare as-built drawings of the house, including
a site plan, exterior elevations and the interior floor plan. Since no historic plans for this house
are available, these drawings will be an very valuable component of the handbook. He stated
that the SAEs are in the process of deciding whether to sell the property or fix it up.
In light of this information, the Historic Preservation Officer requested an extension for
completion of the historic preservation handbook, noting the Board has identified January 14,
2000, as the completion date.
Commissioner Frost stated his appreciation for the communication with the SAEs, and
indicated a willingness to delay the completion date.
Commissioner Rudberg stated she is impressed with the minutes from the Historic
Preservation Advisory Board meetings, and the valuable members on the Board. She concluded
by asking the Board to consider other buildings, such as the Ellen Theatre, before the
community faces their imminent loss.
. Responding to Mayor Youngman, the Commissioners indicated their concurrence in
providing the requested extension. The Mayor then thanked the Historic Preservation Officer
for his presentation.
(B) Update re Sundance Springs parkland acquisition fund - Russ Tuckerman
Included in the Commissioners' packets was a listing of the donations and pledges as
of November 4, 1999.
Mr. Russ Tuckerman distributed information sheet on the acquisition of parkland in the
Sundance Springs development, along with a map showing a possible realignment of lots and
a smaller park area.
Mrs. Lisa Tuckerman gave a brief history of this project, noting that the period to
acquire the subject 14 acres initially expired in March, but the deadline was subsequently
extended to December 31, 1999. She stated that, to date, they have personally committed
to $50,000 and citizen commitments have totalled another $50,000. She noted that she and
her husband have spent a fair amount of time talking to organizations, and the one that seems
a viable option is The Conservation Fund, located in Washington, D.C. She stressed that this
fund does not acquire land, but helps form partnerships to do so. She reminded the
Commission that the initial purchase price was $780,000, and noted that, hopefully, with
. contributions from the City and the County and negotiations with Mr. Potter, PC Development,
the remaining amount can be reduced.
Mrs. Tuckerman noted that the 14 acres in Phase IIA is the land in question and, to
date, no infrastructure has been extended into that portion of the property. She stated that
under the proposed revised plan, the total number of lots would be reduced from seventeen to
ten, with all of those lots fronting on Morning Sun Drive. She stated that this would require
moving Nash Spring Creek into the remaining part of the field; and that would be dependent
upon approvals from the homeowners in the subdivision, the City Commission and the Army
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Corps of Engineers. She recognized that this proposal will reduce the amount of parkland, but
may also produce a more viable land acquisition.
Mrs. Tuckerman stated that if adequate monies are raised to undertake this land
acquisition, she and her husband will personally guarantee the five-year loan from The
Conservation Fund, and then find ways to raise those monies. She stressed that this project
is important to them, particularly in light of Bozeman's trail system receiving national reviews.
She also noted the importance of supporting buffer zones, which are good for the community
and the quality of life of its citizens.
. Commissioner Frost thanked the Tuckermans for their efforts to date, noting that the
compromise they have forwarded today makes the acquisition of the additional parkland seem
more realistic.
Responding to Commissioner Rudberg, Mrs. Tuckerman stated that Mr. Potter feels he
has made an investment in the land, upon which he must make a return. She suggested that
reducing the number of lots to ten and selling the remainder for parkland will help to generate
a reasonable rate of return while providing a benefit for the entire community. She then
indicated that Mr. Potter has stated he will make the applications for the various changes that
would be required, cautioning that he has no control over their acceptance. She recognized
that if any of the applications is not successful, the whole compromise is off and the original
plat will be followed.
Mrs. Tuckerman noted that, immediately adjacent to the subject parcel is the 17-acre
park in Gardner Park Subdivision. She also noted that the 100-acre field to the north is yet to
be developed and, at the time of development, it may be possible to obtain parkland in the
corner of the property abutting these open areas, thus making the parkland area and buffer
zones even larger. She noted that, as trails are installed and as the population grows, one of
the biggest conflicts arises when the buffer zone between the trail and development is small.
She stated that a click counter on the trail in this area has revealed over 160 trail users per day,
thus confirming that it is used regularly by the community.
. Responding to Commissioner Rudberg, Mrs. Tuckerman stated that, at some point, a
formal proposal must be made so that Mr. Potter has something to react to prior to the
December 31 deadline. She asked the City to also consider a financial commitment in the near
future, recognizing that the monies will probably not be expended until next summer.
Responding to City Manager Johnson, Mrs. Tuckerman stated that the loan from The
Conservation Fund would be to her and her husband, with the property being deeded to the
City.
Commissioner Rudberg expressed her appreciation to the Tuckermans for their
commitment to this project, noting that the extent of their commitment has surprised her.
Mrs. Tuckerman stated that, once they have shown that this property can be acquired,
she anticipates fund raising will be easier.
Commissioner Smiley expressed her interest in the project, and a willingness to have
the City assist in it.
Responding to City Attorney Luwe, Mrs. Tuckerman stated that a conservation
easement has been discussed but, because of the limited partnership and the complex tax laws
. that apply to them, that did not appear to be a viable option. She noted, rather, ensuring value
for the shareholders, along with a reduced price to the community, seemed to be the best
alternative.
Following discussion, Mayor Youngman requested that the City's financial commitment
to this project be placed on the November 15 agenda. She also suggested that this proposal
be forwarded to the Recreation and Parks Advisory Board at its meeting on Thursday night.
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(C) Discussion re composition of Design Review Board and qualifications
of current members
City Manager Johnson reminded the Commission that this item was deferred from the
meeting two weeks ago.
Planning Director Epple noted that dramatic changes in the planning program were
made approximately five months ago, with the conversion from a city-county planning program
to a city planning program and a municipal zone code. He noted that the long-term status of
. the Design Review Board was not addressed in the interim ordinance, but the composition was
revised to require that the non-professional members be city residents and that, for the
professional members, city residency would be given priority, but non-residents could be
appointed. He noted that, when this change was made, neither citizen member was a resident
of the city; and the one whose term expired on June 30 did not apply for reappointment. He
noted, however, that Ed McCrone, whose term expires next June, continues to serve as a
citizen member on the Board. He stated that getting a quorum is sometimes difficult, with the
lack of a quorum becoming an increasing problem. He stressed that Mr. McCrone has been
faithful in his attendance and has been one of the most consistent and more conscientious
members on the board. He concluded by noting that the City Attorney forwarded a couple
options in his memo a couple of weeks ago, with those being a change to the ordinance or
removal of the individual from the board.
Responding to suggestions from the Commission, Planning Director Epple noted that
his department is already involved in a certain amount of administrative design review and
suggested that that role could be expanded further, possibly with the right of appeal to the
Design Review Board.
Commissioner Frost expressed his interest in revising the Design Review Board so it
functions better.
Responding to suggested changes in the composition of the Design Review Board,
. Commissioner Rudberg cautioned that, at one point, the Planning Director did serve on the
board, and it was not a good experience. She then indicated that staff is well qualified to
review applications and indicated her interest in expanding the administrative design review
process as proposed by the Planning Director.
City Attorney Luwe suggested that the Commission either remove Mr. McCrone or
direct staff to bring back an amendment to the zone code, suspending Mr. McCrone until the
new provision becomes effective.
As a result of discussion, a majority of the Commissioners concurred that the
requirements for the non-professional members should be revised to be the same as those for
the professional members.
City Manager Johnson indicated that he will place this item on next week's agenda.
Discussion - Commissioner Droiects
Mayor Youngman stated that, as a result of problems with keeping pooper scoopers
stocked at the various parks, she approached Safeway about donating their recycled bags for
this purpose. She stated that Park Foreman Ron Dingman will spend the winter determining
. how the bags can be dispensed, and indicated that she will write a thank you note to Safeway.
Discussion - FYI Items
City Manager Johnson presented to the Commission the following "For Your
Information" items.
(1 ) Copy of a letter from Mary Brauer, dated October 23, to the Parking District
Clerk, stating her opposition to the parking district near MSU and asking that it be revisited.
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(2) Copy of a letter from the Montana Department of Transportation to the City
Clerk, dated November 4, announcing the reduction in the gas tax allocation, due to the
incorporation of Colstrip.
(3) Newsletter from Headwater Recycling, dated November 3, announcing that the
next meeting will be held in Bozeman on November 10.
(4) Minutes from the Gallatin City-County Board of Health meeting held on
September 9, 1999.
. (5) Minutes from the Local Water Quality District meeting held on September 17,
1999.
(6) Agenda for the Development Review Committee meeting to be held at 10:00
a.m. on Tuesday, November 9, in the Commission Room.
(7) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on
Tuesday, November 9, in the Commission Room.
(8) Agenda for the County Commission meeting to be held at 9:00 a.m. on
Tuesday, November 9, at the Courthouse.
(9) The City Manager submitted his weekly report, as follows. (1) Attended the
MSU President's Roundtable discussion last week. (2) Attended the ag building dedication,
along with other activities in conjunction with Ag Appreciation Week, which recognizes an
important part of the local economy. (3) Announced that he will be attending a strategic
planning session for the Chamber of Commerce on Thursday and Friday. (4) Announced that
the ribbon cutting for Oak Street will be held on Friday; the Commissioners set 8:00 a.m. for
the ceremony. (5) Attended the 9-1-1 Administrative Board meeting on Friday, at which time
the relocation of the center was scheduled for December 12. He indicated that at the joint
meeting on December 13, one of the issues to be discussed is a possible mill levy to fund this
. function.
(10) The City Manager stated that staff wants to provide a bus tour of City facilities
for the new Commission, during which the initial budget presentations are to be made. He
asked if the Commissioners want to do the tour on several Monday afternoons, a different day
of the week, or on weekends. Following discussion, the Commissioners indicated that
Saturdays would be preferable, and identified December 4 and possibly the morning of
November 20 as options.
(11 ) Assistant City Manager Ron Brey submitted the following. ( 1) Met with the
new Director of the Humane Society a couple of times last week, noting that she is trying to
understand the plans and issues involved in this program. (2) Noted that, from time to time,
the City receives a request to revisit the MSU parking district. He indicated that staff tries to
monitor comments about the district to see if it is in balance, and it seems to be at this time.
He asked for Commissioner input if it appears that recurring problems are being encountered,
so they can be addressed.
(12) Commissioner Rudberg submitted the following. (1) Asked when the Street
Superintendent is scheduled to give a presentation on street cleaning and snow removal; the
City Manager indicated that presentation will also include leaf pick-up and has been scheduled
for a future meeting. (2) Voiced her alarm at an article in the November 1 edition of the
. Nation's Cities Weekly, about citizens voting on all kinds of subdivisions in California, under the
guise of "smart growth".
( 13) Commissioner Smiley submitted the following. (1) Announced that the mental
health committee will meet on Thursday and she cannot attend; all of the other Commissioners
indicated that they also have conflicts. (2) Announced that the City Planning Board's open
house/kick-off events for the 2020 plan are scheduled for four nights next week, at various
elementary schools.
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(14) Mayor Youngman submitted the following. (1) Participated in various Ag
Appreciation Week activities last week, including judging of a speech contest. (2) Attended
a PSC hearing with the Assistant City Manager regarding regulations for default electrical
providers and the impacts on local consumers. (3) Spoke at the swearing in of AmeriCorp
volunteers. (4) Spoke to Linda Babcock's fifth grade class regarding local government, which
she found very interesting and rewarding.
Adjournment - 5:15 D.m.
. There being no further business to come before the Commission at this time, it was
moved by Commissioner Frost, seconded by Commissioner Smiley, that the meeting be
adjourned. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Frost, Commissioner Smiley, Commissioner Rudberg and Mayor Youngman;
those voting No, none.
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MARCIA B. YOU G AN, Mayor
ATTEST:
~J~
ROBIN L. SULLIVAN
Clerk of the Commission
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