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HomeMy WebLinkAbout1999-08-23 Minutes, City Commission MINUTES OF THE AGENDA MEETING/WORK SESSION OF THE CITY COMMISSION BOZEMAN, MONTANA August 23, 1999 ***************************** 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. 08-23-99 - 2 - 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. 08-23-99 __no ..._.___.... ..---.--..-- - -. -...------ on_ .___ - 3 - (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. 08-23-99 - 4 - 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 08-23-99 -- --- - 5 - 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. 08-23-99 - 6 - 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. 08-23-99 - 7 - (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 08-23-99 _..,u__.______ - 8 - 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 . -- - -, ~ . - . - - . . 08-23-99