HomeMy WebLinkAbout1999-09-13 Minutes, City Commission
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MINUTES OF THE SPECIAL MEETING/AGENDA MEETING/WORK SESSION
OF THE CITY COMMISSION
BOZEMAN, MONTANA
September 13, 1999
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The Commission of the City of Bozeman met in special meeting, agenda meeting and
. work session in the Commission Room, Municipal Building, on Monday, September 13, 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.
Si9ning of Notice of SDecial Meeting
Each Commissioner, in turn, signed the Notice of Special Meeting.
Authorize use of urban funds for imDrovements to North 19th Avenue: authorize City Manager
to execute necessary documents
City Manager Johnson reminded the Commissioners that at last week's meeting, he had
given them background information on the geometric improvements to North 19th Avenue from
West Oak Street to just past Baxter Lane and the signalization projects at North 19th Avenue's
intersections with West Oak Street and Baxter Lane. He noted that these were separated into
. different projects because of the different funding sources involved. He stated that urban
transportation funds were originally identified as the source of funding for the Oak Street signal,
with the other two projects being lumped together and funded through a combination of local
dollars, including developers and transportation bond monies. He stated that the bids for the
geometric improvements came in significantly higher than anticipated, and staff is now
proposing that the projects be separated and that the traffic signal at Baxter Lane also be
funded through urban transportation monies.
The City Manager noted that the use of urban transportation funds must be considered
by the Transportation Coordinating Committee prior to the governing body taking action. He
stated that the TCC met at 8:00 a.m. on Friday, with eleven of the eighteen voting members
being present. He noted that, following discussion, an affirmative vote was taken on the
recommendation that these two traffic signals be identified as the No. 1 priority for urban
transportation funds. He stated that Rob
Buckvich, local Montana Department of
Transportation office, forwarded the caveat that all of the geometric and signalization
improvements be completed at the same time, rather than delaying the geometric changes on
the west side of North 19th Avenue and Baxter Lane, as currently proposed.
Responding to Mayor Youngman, the City Manager stated the total cost of the geometric
improvements is $689,855 and the signalization is estimated to cost $140,000 to $150,000
. for each intersection. He noted that the City earmarked $130,000 of the transportation bond
monies for signalization of the intersection of North 19th Avenue and West Oak Street.
Responding to comments from Commissioner Rudberg, City Manager Johnson stated
that the Montana Department of Transportation has been working diligently to help the City a
viable project yet this year. He cautioned that, at this late date, if the City wishes to challenge
the local MOoT office's position regarding the improvements along the west side of North 19th
Avenue at Baxter Lane, it could delay the project so much that it does not occur this year.
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Mr. Keith Belden, Morrison-Maierle, characterized the improvements along the west side
of North 19th Avenue as quite significant. He stated that the roadway improvements being
proposed at this time include widening of the road as much as possible, with curb being
installed around the power pole at the northwest corner of the intersection. He recognized
that, at some point, Baxter lane will need to be widened to provide for a left turn bay;
however, that will involve the acquisition of additional right-of-way and redesign. He estimated
that the costs of the additional 12 to 13 feet of right-of-way at $40,000 to $120,000 and
noted that the intersection will be adequate without that portion of the project being
undertaken at this time. He stressed that if the entire project is to be done now, it will slow
. the project by approximately eight or nine months.
Mr. Jerry Perkins, Karst Stage, 511 North Wallace Avenue, stated he is concerned about
the safety of moving school children. He characterized North 19th Avenue as being extremely
difficult at the present time, cautioning that it will only get worse with the upcoming snow and
ice. He noted that the addition of traffic signals will help to slow the traffic and make it easier
to cross the street.
Mr. Carl Solvie, GranTree Inn, 1325 North 7th Avenue, stated that the airport shuttle
from his motel averages six trips per day. He noted that many of his guests also use Baxter
lane and North 19th Avenue to access the interstate. He expressed concern for those who
use that route and encouraged the Commission to take any steps possible to expedite the
installation of a traffic signal at this intersection, to ensure the safety of those using it.
Mr. Michael Fay, claims representative for State Farm Insurance, stated he has seen the
evidence of motorists taking chances at the intersections of North 19th Avenue with West Oak
Street and Baxter lane and, in fact, has six on-going injury accident claims. He noted that the
accidents are not just fender benders, but are major accidents with the cars being totalled
because of the speeds involved. He encouraged the Commissioners to take whatever steps are
necessary to ensure the traffic signals are installed as soon as possible.
. Ms. Alex Phillips, 9 South Bozeman Avenue, indicated her support for adding traffic
signals and ensuring the safety of those using North 19th Avenue; however, she suggested
that this seems to be a piecemeal approach that could lead to a "horrible gateway" from the
interstate.
Mr. lowell Springer, architect representing Cape/France, stated he has been the architect
on several projects along this corridor. He noted that developments along this corridor will add
to the traffic that already exists on the roadway, thus increasing the potential of meeting
warrants for signalization. He stated that those involved in the process have taken a look at
the needs over the next fifteen years and attempted to develop a solution to the problems that
have been identified. He then noted the developers have agreed to pick up a significant portion
of the costs involved, and have now reached their limit. He concluded by asking the
Commission to approve proceeding with the project.
Mr. Jim Squyres, U.S. Postal Service, stated that their new facility houses 75
employees, most of whom are carriers who leave the facility and return to it daily. He noted
that most of them have had episodes or "near death" experiences at the intersection of Baxter
lane and North 19th Avenue. He stated that some of the incidents have been almost comical,
particularly when cars stopping on the slippery roadway slide across the slope; however, he
noted that many of them are much less comical, and he is concerned that a fatality will occur
if a signal is not installed.
. Mr. Don Cape, Cape-France, Inc., asked for assistance from the City and the State on
improving the North 19th Avenue corridor, noting that his firm has given the City $25,000 to
assist in engineering for the new interchange, contacted Senator Baucus' office to solicit
financial assistance with construction of the interchange, dedicated right-of~way for the street,
and participated in the special improvement district for construction of the street.
Mr. Dan Rust, 114 West Arnold Street, noted he is President of the Chamber of
Commerce. He stated they would like to occupy their new building, but cannot do so under
the conditions of approval without the installation of the traffic signal. Mr. Rust noted that,
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in his professional life, he is an insurance agent, and has seen the results of accidents at the
intersection of North 19th Avenue and Baxter Lane. He stated that, from a Chamber
standpoint, this is cause for concern; however, they are headed into their light tourist season.
He asked the City to assist in ensuring the safety of the motorists and allowing the Chamber
to occupy its new facility.
Ms. Alecia Bradshaw, local representative for Senator Baucus, noted the Senator has
a history with making North 19th Avenue and the interchange possible. She stated the Senator
supports a healthy business community and a safe community, and those issues are closely
. linked. She pledged the Senator's assistance in whatever way possible to mitigate the issues
and ensure the safety of those using this corridor.
Mr. John Nordwick, Executive Director of the Bozeman Deaconess Hospital, encouraged
the Commission to take steps to resolve the safety problems that exist along the North 19th
Avenue corridor, noting that he has seen the results of accidents that have occurred.
Mr. Dan Schmidt, Manager of the Comfort Inn, indicated that he also represents the
Lodging Association. He expressed concerns about his employees and his customers using
Baxter Lane, West Oak Street and North 19th Avenue, particularly since many of the customers
are not aware of the safety issues. He encouraged the Commission to support the installation
of traffic signals at both intersections.
Mr. David Smith, Executive Director of the Bozeman Area Chamber of Commerce, stated
that an asphalt bike path and pedestrian access should be installed along North 19th Avenue
very soon, and a sidewalk will be installed along the Baxter Lane frontage. He noted that in
1997, when plans for development along North 19th Avenue were beginning, the City staff and
City Commission determined that a master plan for development along this new corridor was
essential, particularly since the community had only one chance to "do it right". He stated the
developers fully supported that concept and felt it was an appropriate step. He stated that
addressing the safety concerns is now the critical issue, and suggested that the City consider
. using some of its federal funds to assist in the needed improvements. He noted that these
improvements will enhance one of the major transportation loops through the community. He
concluded by noting that the lack of traffic signals is now costing time and money, stressing
that he does not want it to cost a life.
Commissioner Rudberg noted that the North 19th Avenue interchange and street were
on the drawing board in the 1980s, when she was serving on the Belgrade City Council. She
uses North 19th Avenue daily, recognizing that it takes a lot of courage to cross that road. She
recognized the poor design at Baxter Lane, noting that it would be particularly bad in winter if
a traffic signal were installed. She noted that the established speed limits do not seem to be
slowing traffic, but the installation of traffic signals will.
Commissioner Smiley recognized that something must be done about the speed with
which traffic travels on North 19th Avenue. She voiced her support for the installation of
traffic signals at West Oak Street and Baxter Lane, noting that they will help to provide safe
entrances to and exits from North 19th Avenue.
Commissioner Frost characterized North 19th Avenue as a highway that needs to be
dealt with. He forwarded his support for spending $130,000 of the City's monies on the traffic
signal at the intersection of North 19th Avenue and West Oak Street, noting that intersection
is dangerous and warrants have been met. He noted, however, that warrants are not met at
. the intersection of North 19th Avenue and Baxter Lane and he does not view that need as a
City responsibility. He suggested that if the intersection gets worse, the City should stop
annexing and issuing building permits.
Mayor Youngman recognized the importance of installing a traffic signal at the
intersection of West Oak Street and North 19th Avenue as quickly as possible. She stated the
outstanding issue is the geometrics along the west side of North 19th Avenue at Baxter Lane
and the installation of that traffic signal. She expressed concern that, on a daily basis, the
price of the project seems to go up as more information becomes available. She suggested that
an artificial pressure situation has been caused by making exceptions to allow buildings to be
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constructed before the traffic signals were installed, noting that the Post Office is one of those
factors.
Mayor Youngman voiced her support for a safe corridor. She suggested that the
immediate installation of a traffic signal at the intersection of West Oak Street and North 19th
Avenue, with the traffic signal at the intersection of Baxter Lane and North 19th Avenue being
installed next spring, could accomplish that. She recognized that the City has helped to create
the situation, but stated it is not wholly the City's problem and private financial participation
could possibly be developed over the winter. She recognized that the Transportation
. Coordinating Committee has identified these improvements as the top priority for urban
transportation dollars; however, that means that other almost equally important projects will
drop off the list. She concluded by suggesting that, under her proposal, the Chamber of
Commerce could possibly move into its new location prior to installation of the traffic signal at
Baxter Lane.
Mr. Keith Belden noted that one and one-half years ago, with the traffic which existed
at that time and no improvements, a traffic signal at Baxter Lane was warranted under three
different warrants. He recognized that one of those will be met with geometric improvements,
but not the others. He noted that when the Montana Department of Transportation reviews
an intersection, it typically wants at least two or three of the eleven warrants for a traffic signal
to be met before it will authorize the installation of that signal.
Responding to questions from City Manager Johnson, Mr. Belden stated that the major
properties included in the study of growth were the Bridger Peaks, StoneRidge, properties along
West Oak Street and a portion of The Gallatin Center.
City Manager Johnson reminded the Commission that not all of those properties are
represented in the cost share agreement for this project. He then noted the Montana
Department of Transportation has indicated the Chamber of Commerce will not trigger warrants
for signalization at Baxter Lane, but suggested that just about any other project would. He also
. encouraged the Commissioners to consider the measure of efficiency that will result from
_ completing all of the improvements at once.
Commissioner Rudberg noted that 19th Avenue was designed to move traffic from the
interstate to Kagy Boulevard. She noted that Cape/France has indicated a willingness to
contribute $185,000 toward the installation of traffic signals at West Oak Street and Baxter
Lane to help ensure the safety of the corridor and questioned the benefit to their development
if this is not considered as a package deal. She suggested that if the Commission approves
only the geometric improvements and the installation of a traffic signal at West Oak Street,
some of the major contributors could choose not to participate because their developments
would still not be able to move forward.
Commissioner Smiley stated that, since the traffic signal at Baxter Lane meets warrants,
she supports proceeding with the entire project.
Commissioner Frost stated that whether the intersection of North 19th Avenue and
Baxter Lane meets warrants is not clearly known at this time. He then reiterated that he
cannot support the installation of that traffic signal with City monies.
Mr. Jim Squyres reminded the Commission that the new Post Office opened just a year
and one-half ago. At that time, they had essentially no customers; and they now serve three-
. fourths of the community.
-- Mr. David Smith voiced his frustration, noting that a little over a year ago, the Chamber
of Commerce received approval for the construction of its new building, on the condition that
it not be occupied until a construction contract was entered into and the improvements were
underway. He noted that the Chamber has paid its impact fees in conjunction with obtaining
its building permit, and it is participating in a special improvement district, yet it is unable to
open.
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Responding to questions from Mayor Youngman, City Engineer Craig Brawner indicated
that the traffic signal at Huffine Lane and Ferguson Road was installed with a combination of
public and private funds, but no payback provisions. He cautioned that paybacks for traffic
signals are difficult to administer.
Break - 4:13 to 4:23 D.m.
. Mayor Youngman declared a break from 4:13 p.m. to 4:23 p.m., in accordance with
Commission policy.
Authorize use of urban funds for improvements to North 19th Avenue: authorize Citv Manaaer
to execute necessary documents (continued)
Mr. Keith Belden stated that a conversation with the Helena office of Morrison-Maierle
did not generate any additional information about meeting warrants at the intersection of North
19th Avenue and Baxter Lane, although it appears the intersection meets either three or four
warrants at this time and that the Chamber of Commerce will not add to those warrants.
Commissioner Frost asked staff to identify ways to address this type of need without
impact fees being available. He expressed concern that, otherwise, the costs will be borne by
taxpayer dollars and he does not view that as acceptable.
Mayor Youngman stated that, if a condition is added to ensure that warrants are being
met, she will reluctantly support the installation of both traffic signals and the geometries. She
noted that she is bothered by some of the developers "playing hard ball" by not participating
when they should be. She stressed, however, that ensuring the safety of those using the roads
is essential.
. Responding to Commissioner Rudberg, City Manager Johnson stated that if the traffic
signal at North 19th Avenue and Baxter Lane is not warranted, then this item must be brought
back to the Commission for further consideration.
It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the
Commission authorize and direct the City Manager to sign the agreements for geometric
improvements and signalization of the intersections of North 19th Avenue with West Oak
Street and Baxter Lane, conditioned on the signal at North 19th Avenue and Baxter Lane
meeting warrants, and authorize the expenditure of urban transportation funds to cover a
portion of those costs. The motion carried by the following Aye and No vote: those voting
Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor
Youngman; those voting No, none.
Agenda Meeting - for regular meetinq and Dublic hearings to be held on SeDtember 20. 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.
(5 ) Commissioner Rudberg suggested that, if possible, this appointee should be a city
resident.
(8a&b) Commissioner Rudberg noted that Assistant Police Chief Kayser made some
good points about street lighting in certain areas of the community and suggested that those
issues be addressed whenever possible.
(11 ) Responding to Commissioner Rudberg, Superintendent of Facilities and Lands
Goehrung stated that the spring toy animals are fairly close to the street and should be moved,
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but the swing set is far enough away from the street and the proposed skate park that it will
not need to be relocated. He recognized that the City will absorb the costs of relocating the
play equipment that should be relocated for safety concerns, but the skate park organizers
should be responsible for relocating those items displaced by the new facility.
In response to City Manager Johnson, Commissioner Rudberg recognized that the MMIA
standards for the skate park must be met.
Superintendent Goehrung noted the importance of creating hours of operation for the
. skate park that are the same as those for the park, to avoid potential enforcement problems.
Commissioner Rudberg asked for the costs of traffic calming and pedestrian walkways,
not only for the construction but for maintenance and potential problems they might create
with City activities such as snowplowing. She noted the engineering studies show that a
crosswalk should not be installed at mid-block; however, she stated that is where the children
using the skate park will most need it and suggested that signs which attract attention could
possibly help to ensure their safety in crossing the street between Kirk Park and Town and
Country Warehouse Grocers. She indicated her support for noise mitigation and for buffering
this facility from small children.
Commissioner Frost suggested that traffic calming near the park is appropriate, to ensure
the safety of the children. He noted that the 15-mile-per-hour speed limit adjacent to the park
is not enforced, and suggested that traffic calming could help reduce speeds. He also noted
the insurance issues are very important. He concluded by asking how many trees will be
impacted by the installation of the skate park and who will bear the costs of their removal and
replacement.
City Manager Johnson stated that a conversation with the Police Department revealed
this 15-mile-per-hour zone is not patrolled much, few citations have been issued, and very few
complaints have been received about the speeding through this zone.
e Responding to Director of Public Service Debbie Arkell. Mayor Youngman stated that if
the Commission approves the installation of traffic calming devices, it will be in concept only,
and the City's Engineering Department will be asked to conduct any necessary engineering
reviews prior to installation of any devices.
City Engineer Craig Brawner stated that more recent information on traffic calming
indicates that those devices should be identified in a coordinated effort with the neighborhood.
He then noted that a traffic signal may be installed on North 19th Avenue at West Beall Street,
stressing the importance of ensuring that the arterial system works well so motorists don't use
the residential streets.
Mayor Youngman stated that she raised the issue of traffic calming because of the
traffic problems that have previously been encountered in this area and because of the City's
commitment to revisit it. She stated that traffic calming could help to ensure the safety of
unsupervised children while addressing some of the concerns previously voiced by this
neighborhood.
( 12) Planning Director Andy Epple gave a brief overview of this application for de-
annexation, noting staff is supportive of the request.
. ( 13) Planning Director Epple reviewed this
application and forwarded staff's
recommendation for approval.
Responding to Commissioner Rudberg, the Planning Director stated that the time listed
on the staff memo reflects the Planner's time on the project to date. He recognized that other
staff members may also have time involved, and stressed that additional time is involved
following Commission action.
(14) Associate Planner Sherman gave an overview of the requested variances to allow
encroachment into the streambank setback.
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( 15) Associate Planner John Sherman reviewed the background information on this
project, noting that the staff report is lengthy because of the history of the site. He noted that
the proposed tourist house differs from previous use of the site and the surrounding area
because it introduces a transient commercial use. He concluded by forwarding staff's
recommendation for denial of this application.
( 16) Planning Director Epple provided background information on this appeal of the
Development Review Committee's approval of relocation of the Greyhound Bus Depot from
North 7th Avenue to the old Chamber of Commerce site on East Main Street. He highlighted
. the issues considered in that approval and the bases of appeal. He noted that, subsequent to
the DRC approval and filing of the appeal, Greyhound acquired use of the entire building and
has determined it would be best to remove the existing canopy, and the revised plans are to
be submitted to the Development Review Committee and the Design Review Board tomorrow.
Responding to Commissioner Rudberg, the Planning Director confirmed that the
Commission decision will be to uphold, deny or modify the DRC's decision.
Further responding to Commissioner Rudberg, the Planning Director stated that staff first
met with representatives from Greyhound in March, in anticipation that their existing lease
would not be renewed.
Work Session - (A) identify list of Dossible tocics for uDcoming work sessions
(A) Identify list of possible topics for upcoming work sessions
Due to the late hour of this meeting, City Manager Johnson suggested that this item
deferred to next week's meeting; the Commission concurred.
. Discussion - Commissioner proiects
None of the Commissioners forwarded any comments under this agenda item.
Discussion - FYI Items
City Manager Johnson presented to the Commission the following "For Your
Information" items.
(1 ) Letter from H.P. and Greta H. Deichmann, 226 Lindley Place, dated September
1, expressing concern about the noise at Bogert Park.
(2) Letter from Mr. and Mrs. Maynard Hewitt, 712 South 12th Avenue, dated
September 3, forwarding a complaint about the manner in which garbage is being assessed.
(3) Letter from Elliott Goetsch, 1103 South Cedarview, dated September 7,
encouraging the preservation of the Story Mansion.
(4) Agenda for the Development Review Committee meeting to be held at 10:00 a.m.
on Tuesday, September 14, in the Commission Room.
. (5) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday,
September 14, in the Commission Room.
(6) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday,
September 14, at the Courthouse.
(7) City Manager Johnson submitted his weekly report, as follows. (1) Announced
that he will attend a meeting at the Department of Environmental Quality tomorrow.
(2) Indicated that he will attend a meeting with the Southwest Montana Building Industry
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Association on Wednesday morning. (3) Announced that Associate Planner Chris Saunders will
replace Superintendent of Facilities and Lands James Goehrung as the City's representative on
the Pedestrian/Traffic Safety Committee.
(8) City Attorney luwe announced that the State Bar Convention will be held in
Bozeman later this week. He noted that a fun run will be held in conjunction with the
convention, with registration fees for the run going toward the child interview room at the Law
and Justice Center.
. (9) Responding to Commissioner Rudberg, City Manager Johnson indicated he has
already responded to the letters from Mr. Martel, Mr. Hewitt and the law firm of Cok and
Wheat.
(10) Commissioner Rudberg asked if the Commissioners can attend sessions during
the league Convention without registering for the entire conference; staff responded that they
may attend any of the regular sessions without paying a fee but must pay for any meals.
Assistant City Manager Brey noted that staff has prepared a list of local contributors;
Commissioner Smiley requested that the Commissioners be provided a copy of that list.
Executive Session re Dersonnel - evaluation of Clerk of the Commission
Due to the late hour of the meeting, the Commission to continued this item to next
week's agenda.
Adiournment - 5:40 D.m.
There being no further business to come before the Commission at this time, it was
e moved by Commissioner Rudberg. seconded by Commissioner Frost, that the meeting be
. adjourned. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Rudberg, Commissioner Frost, Commissioner Smiley and Mayor Youngman;
those voting No, none.
f1^-~ (J ffi
MARCIA B. YOUN MAN, Mayor
ATTEST:
~:y~
ROBIN l. SULLIVAN
Clerk of the Commission
~
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