HomeMy WebLinkAbout1999-08-23 Minutes, City Commission
MINUTES OF THE AGENDA MEETING/WORK SESSION
OF THE CITY COMMISSION
BOZEMAN, MONTANA
August 23, 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, August 23, 1999, at 3:00 p.m. Present
- were Mayor Youngman, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost,
City Manager Johnson, 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.
Aaenda Meetina - for reaular meeting and DubUc hearinas to be held on Tuesdav. SeDtember
7. 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) Assistant Planning Director Debbie Arkell distributed to the Commission a memo
from City Engineer Craig Brawner, dated August 19, forwarding information on the level of
service, in response to concerns raised by the Commission regarding impacts this subdivision
will have on South Third Avenue and its intersections with various streets. She briefly
e reviewed that information, noting that the signalized intersection of South Third Avenue/South
Willson Avenue/Kagy Boulevard is designed to handle 11,000 trips per day and, in 1998, it was
,.- at approximately 60 percent of capacity.
The Assistant Planning Director suggested that the Commissioners' concerns could be
adequately addressed through conditions attached to approval of the preliminary plat for this
phase of the subdivision. She cautioned that other properties outside city limits could develop
in the near future, and that development could also have impacts on South Third Avenue. As
a result, she noted that requiring the applicant to identify the impacts of the entire subdivision
would be of little value. She also reminded the Commission that the new transportation plan
update should provide the information necessary to identify additional issues with the
transportation system.
Responding to Mayor Youngman, the Assistant Planning Director indicated that staff will
prepare possible conditions for Commission consideration.
(6) City Manager Johnson noted that the Gallatin County Commission has awarded
the bid for construction of the new pavilion at the Fairgrounds, but the award was made
approximately four days after the deadline for assurances that the building could be finished
for the fall season and, as a result, BAHA is requesting that they be allowed to use the Bogert
Pavilion, with refrigerated ice, for this season.
_ (8-12) The City Manager noted that the Animal Control Officer has recommended
approval of some of the kennel license applications, denial of one and revocation of an existing
license.
Responding to Commissioner Smiley, Animal Control Officer Connie Lien stated that a
divorce and the combining of two households has resulted in seven large dogs on one small lot,
and she has received repeated barking complaints on that site. As a result, she has
recommended denial of the application, even though a number of the dogs are old.
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Further responding to Commissioner Smiley, the Animal Control Officer stated she has
recommended the revocation of an existing kennel license because the proper fencing has not
yet been done, and she has received several complaints and issued several nuisance tickets.
( 13) City Manager Johnson noted that two different versions of the annexation
agreement are being submitted for Commission consideration.
Staff Attorney Tim Cooper stated that the language in the second version of the
annexation agreement is designed to ensure that, regardless of the outcome of the lawsuit
. challenging the impact fee program, development within the annexation will be required
connect to City services and will be subject to impact fees. He indicated that this new
language is designed to bolster the ordinance as it presently exists.
Responding to Commissioner Frost, the Staff Attorney stated that neither version of the
Annexation Agreement is in effect until it is signed by the City Manager.
Further responding to Commissioner Frost, City Attorney Luwe stated that the
Commission conducted its public hearing on this requested annexation, after which it ordered
staff to bring back an Annexation Agreement for consideration. He then indicated the applicant
does not care which version the City accepts; and staff would like to see the property annexed
prior to the end of the calendar year.
Commissioner Smiley suggested that a similar approach be taken to SIDs rather than
using the waiver of right to protest, to ensure more equitable participation in funding of
improvements.
Commissioner Rudberg stated she thought the new proposed language had been
previously discussed and that a majority of the Commissioners had made it clear this was not
what they wanted.
City Attorney Luwe responded that the Commission position was divided, with no clear
. guidance to staff. He then noted this is a policy decision which the Commission must make.
He recommended that, if the Commission is not comfortable with the revised language, it
approve the original agreement.
Mayor Youngman noted that a possible consequence of having two annexation
agreements is a 2 to 2 split and, thus, no annexation. She then stated that the revised
language provides a method of protecting the City's fiscal stability until the outcome of the
lawsuit is known.
Commissioner Rudberg characterized the revised language as circumventing the lawsuit
and stated she cannot support it.
In response to comments from various Commissioners, City Attorney Luwe stated that
in the voluntary annexation process, the City can impose requirements which are in the best
interests of the citizens and the community, and the applicant must then decide if he wants to
become a part of the city.
Commissioner Frost noted that if impact fees are determined to not be valid, under the
old annexation agreement, the property owners will not be required to pay for impacts on the
community.
. Responding to Commissioner Smiley, Assistant Planner Killebrew stated that the subject
property currently contains a mobile home; and the street and fire impact fees for that home
are $800. She indicated that the Planning staff has forwarded this annexation agreement for
Commission consideration because the conditional use permit to construct the Kingdom Hall
church on this site was recently approved, with one of the conditions being that annexation
must be completed prior to obtaining a building permit and staff anticipates the final site plan
will be submitted next week. She also noted that the Sukuts are selling the property to the
church and, if the existing mobile home is removed from the site, the impact fees paid will be
credited to the church.
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(16) Mayor Youngman stated the County has relayed verbally that the City
Commission's vote on the West Babcock Street right-of-way taken in June is not consistent
with their action and, as a result, they do not intend to proceed.
Commissioner Frost requested a copy of the language in the County Commission's action
on the street right-of-way.
(17) The City Manager noted that Staff Attorney Cooper has submitted a memo
indicating the State statutes do not require the Commission to advertise for this vacancy, but
the Commission's rules of procedure do.
. Mayor Youngman noted that Kathy Gallagher has been appointed by the City of
Belgrade, so the Commission must seek applicants.
(18) City Manager Johnson noted that staff will also advertise this vacancy.
(21) Mayor Youngman noted that she has information on the requested Kids Day
America proclamation, which she will share with the Commission. She then asked if the
Commissioners are willing to support this proclamation, since the organizers wish to have their
advertising in place prior to its adoption if possible.
Commissioner Rudberg stated she has no problem with standard events, but she has not
heard of this organization before and does not feel it is appropriate for the Commission to
support proclamations for businesses. She then indicated that, until she sees the information,
she cannot determine whether she supports the request.
(25) Historic Preservation Planner Strahn gave a brief overview of the project, noting
that staff is supportive and no public comment has been received to date.
(26) Assistant Planner Berger gave a brief overview of the project, which involves re-
use of the former KXXL radio station.
. Responding to Commissioner Rudberg. the Assistant Planner stated it is her
understanding that the facility is to relocate from the Tech Park to this site.
(27) Senior Planner Dave Skelton gave an overview of this application, noting it will
be the first one being processed under the new interim subdivision regulations. He noted that
questions have been raised regarding State lands, but the Attorney General's office has
indicated the preliminary plat should be processed under existing subdivision regulations and
their office should be kept informed.
Work Session - (A) UDdate re SAE House Droiect - Historic Preservation Officer Strahn;
(8) Presentation re urban hiahway system Drogram and fundina - Director of Public Service
Forbes
(A) Update re SAE House project, Historic Preservation Officer Strahn
Included in the Commissioners' packets was a memo from Historic Preservation Officer
Derek Strahn, dated August 18, 1999, providing an update on the SAE House project.
Historic Preservation Officer Strahn noted that on July 6, the Commission authorized the
. Historic Preservation Advisory Board to prepare a handbook on preservation of the old T.B.
Story Mansion, or the SAE House, located at 811 South Willson Avenue. He noted the
- handbook is designed to serve as a resource for educating the public and generating positive
solutions on historic preservation, and it is anticipated the handbook will be completed by
October 31 .
The Historic Preservation Officer stated that representatives of the SAE fraternity were
invited to attend this meeting but were unable to do so. He noted, however, that they asked
him to convey to the Commission that Mr. Ankeny, the individual who had originally expressed
an interest in acquiring the property and tearing down the old house, is no longer interested.
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He stated that, while the Historic Preservation Advisory Board is pleased to see that the SAE
House is not in any imminent danger, they recognize concerns are far from eliminated. He then
indicated that several people, including realtors and others with varied technical expertise, have
expressed an interest in participating in the acquisition and rehabilitation of the house.
Historic Preservation Officer Strahn reviewed the information contained in his memo,
noting that the Board is now meeting twice a month in an effort to keep this project on
schedule. He also noted that Ann Butterfield, a candidate for a master's degree from Ball State
University, volunteered 400 hours of work this summer for internship credits, and she gathered
. a significant amount of resource information from around the country to assist in development
of the handbook. He also noted that Doug Morely, an Adjunct Professor of Architecture at
MSU, has volunteered to prepare as-built drawings of the SAE House.
The Historic Preservation Officer noted that the work being done at this time will be of
immediate benefit in the SAE House issue; however, it will also provide long-range benefit for
other properties, possibly including the east wing of Willson School and the Ellen Theatre. He
then indicated that he has a computerized database with more than 650 individuals who are
interested in the preservation of the SAE House.
Historic Preservation Officer Strahn distributed a copy of the preliminary handbook
outline, including the items to be covered in the various sections of the handbook. He noted
that he has found many examples of effective strategies from around the country, and his hope
is that some of those ideas will stimulate and galvanize the public. He also noted that an initial
look at establishing a local, private non-profit organization is being undertaken. He concluded
by noting that much work must yet be done, on both the handbook and taking steps to ensure
the preservation of the SAE House.
Commissioner Rudberg noted that it is important to not slow down on this process, now
that it looks like the fraternity has lost the opportunity to sell to Mr. Ankeny. She then asked
if those who have requested to be kept informed are willing to write checks to help fund the
. project.
Historic Preservation Officer Strahn responded that the
database will provide
opportunities for people to provide both technical and financial assistance.
In response to additional questions from Commissioner Rudberg, the Historic Preservation
Officer stated the SAE fraternity has come to the conclusion that it will be difficult to remain
on the site and maintain the existing building; rather, they need a new facility. He noted that
once the costs of that new facility have been determined, the costs of purchasing this historic
property will probably be established.
Commissioner Rudberg cautioned that, even if the purchase price can be covered, the
costs of fixing up the property and restoring it will cost millions of dollars. She then stated the
best thing for the house is to put it into private hands, citing the Carnegie Building as an
example. she then expressed concern that this same situation could arise for the Ellen Theatre
in the near future.
Historic Preservation Officer Strahn noted that is why the handbook will be good. He
stated that the basic handbook will be for all historic properties, and the section pertaining to
a specific property can be changed as the focus of the preservation efforts changes. He noted
that the handbook can then serve as a public resource.
. Mayor Youngman thanked the Historic Preservation Officer for the update.
(B) Presentation re urban highway system program and funding - Director of
Public Service Forbes
Included in the Commissioners' packets were a copy of a letter from the Montana
Department of Transportation to Director of Public Service Forbes, dated October 26, 1998,
regarding the urban transportation system, and an information packet on the draft Urban
Highway Partnering Pilot Program, dated August 1999, as prepared by the Montana
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Department of Transportation, along with the State-mandated Urban Highway Improvement
proposal and the Urban Highway Incentive Program.
Director of Public Service Forbes gave a brief overview of the urban transportation
programs, noting that urban areas in Montana are identified as those cities with a population,
within the urban boundaries, of greater than 5,000. He stated that the population is based on
the official census, and there are 14 urban areas in Montana. He noted that the former federal
aid urban program was replaced approximately eight years ago, with adoption of the Intermodal
Surface Transportation Efficiency Act (lSTEA), and the Montana Department of Transportation
. chose to retain the urban classification system.
The Director of Public Service noted that under the new Urban Highway Partnering Pilot
Program, Montana will receive an annual federal allocation of $8,200,508, which is then
allocated to the fourteen urban areas on a prorata basis, based on population. He stressed,
however, that those monies are not automatically distributed to the communities; rather, the
State retains control of the monies. He showed the Commission the urban system map for
Bozeman, noting that it shows both the primary routes and the urban routes. The primary
routes include Main Street and North Rouse Avenue, and the urban routes include portions of
Kagy Boulevard, West College Street, Mendenhall Street and Babcock Street, Peach
Street/Durston Road, Highland Boulevard, South Church Avenue and South 11 th Avenue, and
19th Avenue in its entirety.
The Director of Public Service characterized the primary routes and urban routes as the
backbone of the transportation system for vehicles. He stated that two years ago, staff revised
the urban boundaries to better describe what is anticipated to be urbanized over the next ten
years; however, the City has already seen expansion beyond what was estimated at that time.
Director of Public Service Forbes stated that the priority for spending the urban allocation
monies is established locally and noted that, because of the size of projects previously
completed, Bozeman has been able to complete one project every decade. He stated the
. priorities in this program have remained virtually unchanged since 1986. and the next project
in line is Kagy Boulevard from South Willson Avenue to South 19th Avenue. He noted,
however, that the transportation plan update could result in some system revisions.
Director of Public Service Forbes noted it appears the area where growth can be best
accommodated, and where it seems to be occurring, is in the northwest quadrant of the
community; however, no urban route has been identified in that area. He then proposed that
a backbone system be identified and that urban routes be designated so that they qualify for
these program dollars.
The Director of Public Service noted that Bozeman's current urban balance is $531,169.
He stated that Bozeman's annual allocation under this program is $555,994, and cautioned that
the estimated cost of a mile of road in the urban system is $2.2 million.
Director of Public Service Forbes noted that Bozeman has enjoyed a good working
relationship with the Montana Department of Transportation over the past few years,
particularly with the local office. He also noted that the draft documents for the three new
programs reflect a significant amount of influence from Bozeman.
The Director of Public Service cautioned that the Urban Highway Partnering Pilot Program
requires the local government to be responsible for environmental, design, right-of-way and
utility activities, which can be as much as 50 percent of the total costs. He also noted that
. this draft program requires local governments to be responsible for cost overruns, which can
_ also be expensive and suggested that, in the alternative, the State be asked to make urban
program monies available to cover those costs.
Responding to City Manager Johnson, the Director of Public Service stated that traffic
signals would qualify for this program. He also recognized that, if several years' allocations
cannot be combined for a project, the City would be left with projects such as traffic signals
funded through the annual allocations. He cautioned that the proliferation of traffic signals
carries with it increased maintenance, and that can be quite expensive.
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Further responding to the City Manager, the Director stated that Counties do not receive
any allocations from these monies, particularly since the State has assumed jurisdiction over
the secondary road system.
Director of Public Service Forbes noted that North 19th Avenue was constructed as a
major arterial to carry traffic. He noted that it does so very well, but now people have having
trouble crossing it, so traffic signals are being installed at a number of locations. He noted that
the result will be slowing traffic and making the route less attractive. He stated, however, that
it is possible to time the lights so that traffic can move along the roadway at the speed limit,
. without stopping, which should help to avoid the pollution issues that can arise from idling
vehicles.
In response to comments from Commissioner Frost, City Engineer Craig Brawner stated
that, while the City may not have a map showing the backbone of the future transportation
system, staff has it well in mind and will work to gain the needed right-of-way when
opportunities arise. He noted, however, it is important to make sure that both the City's and
the County's master plans recognize the same transportation corridors, since the County now
controls the jurisdictional area.
Commissioner Frost voiced his interest in implementing an ordinance to prohibit the use
of cell phones while driving.
Director of Public Service Forbes briefly highlighted the draft State-maintained Urban
Highway Improvement proposal. He noted that State law mandates the State maintain all
highways that it maintained on July 1, 1976. He indicated that a three-way agreement
between the City, the County and the State has resulted in the various entities maintaining
specific streets not in their jurisdiction in an effort to generate efficiencies. He cautioned that
this may result in an entity maintaining a road that is not eligible under this program. He
stressed that this program will not result in any decreases in the urban allocation.
The Director then turned his attention to the third program, which is an incentive
. program for preventive maintenance on locally maintained urban routes. He noted that the City
has generally done this work with its gas tax allocation; and if projects such as the overlay of
Babcock Street and Mendenhall Street could be done with these new monies, then the gas tax
allocation could go further.
Director of Public Service Forbes concluded by stating he feels these programs could be
of value locally. He then thanked the Commissioners for the opportunity to work for the City.
The Commissioners thanked the Director of Public Service for his presentation and
wished him well in his new job.
Commissioner Droiects
No comments were forwarded under this agenda item.
Discussion - FYI Items
City Manager Johnson presented to the Commission the following "For Your
Information" items.
. (1 ) Letter from the Human Resource Development Council, dated August 17,
forwarding a copy of the notice of public meeting for a HOME grant for the HRDC transitional
apartments for homeless families, to be held at 7:00 p.m. on Monday, September 13, at the
Library.
City Manager Johnson noted that the request in this letter will be added to the next
meeting's consent agenda.
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(2) Copy of the employment agreement between Health Officer Stephanie Nelson and
the Gallatin City-County Board of Health.
(3) letter from the Gallatin County Commission, dated August 20, announcing award
of the bid for construction of the Haynes Pavilion at the Fairgrounds.
(4) Agenda for the Development Review Committee meeting to be held at 10:00 a.m.
on Tuesday, August 24, in the Commission Room.
. (5) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday,
August 24, in the Commission Room.
(6) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday,
August 24, at the Courthouse.
(7) City Manager Johnson submitted his weekly report, as follows. ( 1) Noted that
today's work session was the result of a transportation coordination meeting on Monday.
(2) Stated that staff is still working on the North 19th Avenue project and remains optimistic
that the project can be completed by the end of the year. (3) Noted that JTl, Inc., is preparing
to begin construction on the Oak Street extension. (4) Announced that the parking lot behind
City Hall will be repaved, beginning tomorrow. He indicated that the new parking lot will
comply with the City codes, which will result in the loss of two parking spaces. (5) Announced
that the City will begin a fitness program with Universal Sports and Courts on September 15,
and the Commissioners will be eligible for participating in that program.
(8) City Attorney Luwe announced that last Monday and Tuesday, he attended a
Montana Department of Justice session on sexual offender notification, in light of changes
which become effective on October 1.
(9) City Attorney Luwe stated that, based on Commissioner Frost's comments
. regarding an ordinance on cell phones and driving, he will put it on his list of projects, as a low
pnonty Item.
Commissioner Rudberg and Commissioner Smiley stated they are not interested in
considering such an ordinance.
(10) Commissioner Smiley submitted the following. (1) Attended the first meeting of
the City Planning Board last week. (2) Attended the Downtown Bozeman Improvement District
Board meeting on Thursday. She noted that Board plans to meet extra times in the coming
months because of the improvement proposals coming forward.
(11 ) Commissioner Rudberg submitted the following. (1) Stated she was impressed
with the minutes from the Planning Board meeting. (2) Asked who is involved in the Bozeman
Safety Coalition. (3) Stated she is unable to attend the opening session for the school district.
(4) Indicated that she read the article entitled Operation Desert Sprawl, which was pUblished
in the August 1999 edition of Governing magazine. She noted that there is no state income
tax in Nevada through which to support school issues. She also stated that the gentleman in
the article does not support more houses, but wants to see more casinos built.
( 12) Mayor Youngman submitted the following. (1) Stated that she sent a letter of
support for a proposal by MSU professors to bring eight Croatian Mayors to Bozeman.
(2) Distributed to the Commissioners copies of a draft letter of welcome to be included in the
. program for the Montana League of Cities and Towns Convention to be held here. She asked
for any Commissioner input prior to finalizing the letter.
Adjournment - 5:02 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
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Commissioner Frost, Commissioner Smiley, Commissioner Rudberg and Mayor Youngman;
those voting No, none.
MA~U~t:.c
ATTEST:
e ..
9~ ;/;L~~
ROBIN L. SULLWAN. _
Clerk of the Commission
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