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HomeMy WebLinkAbout1999-06-28 Minutes, City Commission --- -- '~. MINUTES OF THE AGENDA MEETING/WORK SESSION OF THE CITY COMMISSION BOZEMAN, MONTANA June 28, 1999 ***************************** . The Commission of the City of Bozeman met in agenda meeting and work session in the Commission Room, Municipal Building, on Monday, June 28, 1999, at 3:00 p.m. Present were Mayor Stiff, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, City Manager Johnson, Assistant City Manager Brey, Staff Attorney Cooper and Clerk of the Commission Sullivan. The meeting was opened with the roll call, Pledge of Allegiance and a moment of silence. Agenda Meeting - for regular meetina and Dublic hearings to be held on Tuesdav. Julv 6. 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. (3A) City Manager Johnson indicated that this item may need to be deleted from next week's agenda, since Impact Fee Coordinator Chris Saunders will be out of town. . Impact Fee Coordinator Saunders gave a brief overview of his memo dated June 18, which forwards a copy of the request for impact fee credits submitted by Steve Daines, staff's review and staff's recommendation. He stated that under the impact fee program, the Commission makes the final determination on requests for impact fee credits. He stated that this request is for impact fee credits for the traffic signal and geometric improvements at the intersection of Durston Road and North 19th Avenue. He indk:ated that this project would normally be eligible for impact fee credits; however, in this instance, staff is recommending denial. He stated that this request is made in conjunction with the Madison Place apartment complex being constructed in North Meadows Subdivision, for which the applicant was required to either improve or financially guarantee his portion of the intersection improvement. He then indicated that the staff's recommendation for denial is based on the fact that the level of service IIC,. is established as the minimum standard in several different sections of the code, and meeting those minimum levels determined to be project related is not eligible for impact fee credits; the fact that only 10 percent of the costs of the improvement are being guaranteed by this applicant; and the fact that impact fee credits are an expenditure against future revenues and those funds are now frozen with the on-going litigation. Responding to questions from Commissioner Rudberg, the Impact Fee Coordinator stated that the applicant paid his financial guarantee after the filing of the lawsuit, and this request for credits was submitted several months after the lawsuit was filed. He then indicated that part of the plaintiff's request in the lawsuit is that the impact fee funds be frozen and, while . the Judge has not yet acted on that matter, the City Manager has chosen to freeze the funds. Commissioner Rudberg expressed concern that the Commissioners don't have the information upon which to base a decision, including the cost of the intersection and signalization improvements, the percentages for which the various projects involved are responsible, and the dollar amounts for each. As a result of the questions raised and the additional information needed, the City Manager indicated that this item will not be placed on the agenda until at least July 19. 06-28-99 - 2 - (6) Staff Attorney Patricia Day-Moore gave a brief overview of the ordinance, noting that it is essentially based on the ordinance adopted by the County, except that it prohibits burn barrels inside city limits, identifies materials which cannot be burned within city limits, and establishes enforcement and penalty provisions. Responding to Commissioner Rudberg, the Staff Attorney confirmed that the County's ordinance does not apply within city limits. She then indicated that some of the Department of Environmental Quality's regulations apply to outdoor burning, and stressed that this ordinance applies strictly to outdoor burning and has no effect on fireplaces or wood burning stoves. . Responding to City Manager Johnson, the Staff Attorney indicated that, with a burn permit, construction site burning would be allowed, as long as prohibited items are not burned. Responding to Commissioner Smiley, Staff Attorney Day-Moore stated that this ordinance has been prepared at the request of the Fire Department. She noted that many people shove the materials to be burned into a barrel, light it and walk off. She stated that this can result in potential fire hazard or can smolder and cause air pOllution problems. (8) Responding to Commissioner Rudberg, the Clerk of the Commission indicated that applications which are on file and less than a year old will be included in the listing of applicants for the various boards and commissions. (11 g) Commissioner Rudberg asked if the approval under this agenda is to be identified during today's work session. The City Manager responded that Historic Preservation Officer Strahn will be asked to do so. (15) Associate Planner John Sherman have a brief overview of this application, which . involves expansion of an existing non-conforming structure. He concluded by forwarding staff's recommendation for approval, subject to standard conditions. ( 16) Historic Preservation Planner Derek Strahn gave an overview of this project, which involves construction of a new garage and which encroaches into the rear yard setback. He indicated the main issue of concern is the mature Mountain Ash street tree that would be impacted by the installation of the driveway to serve the new garage, noting the tree has been valued at $639. He stated the applicant must either move the tree or pay the City the valued amount if the tree is removed. He then indicated that the Director of Public Service has asked that if the existing attached garage is converted to living space, the existing driveway be removed. ( 17) Senior Planner Dave Skelton stated this zone map amendment was initially scheduled for July 6; however, due to a delay in receiving the legal description for the annexation, this hearing is to be opened and continued to August 2. He stated the Planning Board has considered this requested zone map amendment and forwarded a recommendation for approval. (18) Assistant Planner Therese Berger gave an overview of this requested zone map amendment, under which the applicant would be able to gift land to the Boys and Girls Club and the Humane Society under a previous Commission determination on uses in the PLI zone. She briefly reviewed the staff findings and forwarded the staff recommendations and Planning . Board recommendations for denial. She then indicated that, since over 20 percent of the adjacent property owners have protested this zone map amendment, a super majority vote is required for approval. Responding to Commissioner Rudberg, Planning Director Andy Epple stated the applicant is aware of the transition in authority in the extraterritorial jurisdiction from the City to the County but has chosen to proceed with this application. He indicated that if the Commission acts favorably, and the adoption of the ordinance for the zone change has not yet been completed when the shift in authority occurs, his office will forward the City's record to the County for the remaining actions. 06-28-99 ---------.. . -....-..---.,..----.---.--- - 3 - Responding to additional questions from Commissioner Rudberg, Assistant City Manager Ron Brey stated that the determination of uses allowed in the PLI zone does not impact this rezoning request. (19) City Manager Johnson stated that, depending on the outcome of the executive session, this item may be removed from the agenda. Work Session - (A) Presentation bv Historic Preservation Advisorv Board re Dreservation of SAE house . (A) Presentation by Historic Preservation Advisory Board re preservation of SAE house Included in the Commissioners' packets was a memo from Historic Preservation Office Derek Strahn, dated June 18. Historic Preservation Officer Strahn stated several members of the Historic Preservation Advisory Board (HPAB) are present at this meeting, including Anna Lee Purdy, Maggie Heisick, Rachael Wallace, Mara Gai Katz, Suzanne Hainsworth, Dick Shanahan, Judy Hammond and John DeHaas. He then turned his attention to the issue under discussion, preservation of the T.B. Story mansion at 811 South Willson Avenue, which has served as the SAE fraternity house since the early 1920s. He noted that this house was part of the South Willson Historic District, which was listed on the National Register of Historic Places in 1978 and which became part of the Bon Ton District in 1987. The Historic Preservation Officer stated that there have been rumors about plans to raze the old mansion, and those rumors have recently been confirmed in a newspaper article. He stated this has created a considerable amount of concern in the community, and the HPAB has begun to prepare a database to keep people informed and to identify possible alternatives for keeping and preserving the property. He noted that any request for demolition of an historic . site must be reviewed by the Design Review Board, with final action to be taken by the Commission. He noted that disapproval of the request triggers a two-year "cooling off" period, after which the property owner may proceed with demolition if alternatives have not been identified. The Historic Preservation Officer stated this is not the first time that an historic structure of this magnitude has been threatened by demolition. He noted that the HPAB is charged with identifying, evaluating and protecting historic resources, educating the public and integrating that information into the local decision-making processes. He concluded by asking that the Commission grant the Board the authorization to investigate, to the fullest extent possible, the issues and funding options available and report back with strategies and suggestions. Responding to Commissioner Rudberg, the Officer stated that the entire block on which the mansion is located is on the historic register, including the house and the outbuildings. Further responding to Commissioner Rudberg, the Historic Preservation Officer stated that the tour through the house was just one year ago and, following that tour, two lengthy letters between the Board and the attorney for the potential buyer gave the impression that the intent was to strip the house to the structural shell and reconstruct it, using different colored brick, different woodwork in the house and different roofing. He noted that there has not been any communication for quite some time and, in the meantime, the intent has been changed . from substantial renovation to demolition and reconstruction. He then indicated that he is not aware of any building code concerns about this structure; rather, the potential buyer's interests seemed to be more cosmetic in nature. In response to additional questions from Commissioner Rudberg, the Historic Preservation Officer stated that the numbers in the SAE fraternity have been decreasing and, for a number of reasons, the fraternity has found it increasingly difficult to maintain the large property. He noted it is their desire to sell this property and find a new location more suited to their needs. 06-28-99 - 4 - Commissioner Rudberg noted that when the City reluctantly sold the Carnegie Building, it as because it could not afford to maintain it; and the new owners have spent a substantial amount of money rehabilitating it. She expressed concern that in this instance, it could take $7 to $8 million to rehabilitate the property and questioned if it is appropriate to ask anyone to make that large a commitment. Historic Preservation Officer Derek Strahn stated that he believes there are creative solutions for saving the old Story mansion, suggesting that under a grant program, the needs of the building could be assessed and other resources could be identified for renovation. He . then stressed that this would be a long-term effort, noting that at this time, the Board and staff are seeking authorization to devote time to gathering information. Responding to Commissioner Rudberg, the Officer stated that there were some people involved in the construction industry on the tour. He then suggested that additional research be done and that a more in-depth look at the structure be undertaken to more accurately determine the costs of rehabilitation. In response to Commissioner Rudberg, the Historic Preservation Officer stressed that a year ago, it appeared the potential buyer wished to undertake a major reconstruction of the existing house. He noted that the buyer proposed to tear down the carriage house/barn and cut down trees also and, while that did raise some concerns, it appeared more acceptable than the demolition of the house now being proposed. Commissioner Rudberg stated she has been concerned about the Ellen Theatre since the 1980s, and there is the potential that it may be the next historic structure targeted for demolition. Historic Preservation Officer Strahn observed that it takes the threat of demolition to get people mobilized to save a site. . Responding to Commissioner Smiley, the Historic Preservation Officer stated that he, along with a representative from the national trust, met with representatives from the SAE fraternity last week. He stated that, while they have an offer on the table which they are seriously considering, they are willing to discuss the matter with the City. He stressed that they have indicated an intent to continue moving forward with the offer on the table while the City pursues its options. Responding to Commissioner Smiley, Planning Director Epple stated that, since the demolition of the old Methodist Church, the Commission has adopted a demolition permit process. He noted that when the SAEs apply for a demolition permit, the application will be forwarded to the Commission for action and, if the Commission does not approve the application, the two-year "cooling off" period is invoked. He stated that, during that time, the members and organizations in the community can try to work out alternatives for retaining the structure. He then noted the Historic Preservation Officer is proposing that work on preserving the old Story mansion be undertaken before the two-year clock begins ticking. He recognized that identifying strategies will probably not take very long, but implementing them will take some time. Commissioner Rudberg stated that if this item is on next week's agenda for action, she needs a game plan, in writing, and a timeline. She also asked for information on the potential costs that have been identified with restoration of the structure, suggesting that the information gathered by the potential buyer should be relatively accurate. . Responding to questions from Commissioner Rudberg, City Manager Johnson noted that the price of restoration could vary substantially, depending on a variety of items, including the electrical load that may need to be supported. Assistant City Manager Ron Brey cautioned that when the City was considering restoration of the Carnegie Building, it had two separate studies done, by individuals with different experience and different expertise, and the differences in those studies lIapproached 100 fold". He noted that the information was not very helpful to the City, but it was turned over to the prospective buyers to assist them in evaluating the situation. 06-28-99 - 5 - Mayor Stiff noted there is a wealth of expertise and information in the Commission Room, identifying the strengths that many of the Board members bring to the process. He also recognized the costs of owning and maintaining an historic property and expressed his concerns about protecting the existing properties, including the Ellen Theatre. Commissioner Youngman stated that a road map, in writing, would be beneficial. She then stated she cannot imagine the site of the SAE house without the home, expressing concern about the negative impacts that its demolition would have on South Willson Avenue. Commissioner Frost thanked Historic Preservation Officer Strahn and the Historic . Preservation Advisory Board for bringing this matter to the attention of the Commission and the community. Mr. Joby Sabol, attorney representing Michael Ankeny, the potential buyer, stated his client has been interested in this property for quite some time. He noted that many experts, including engineers and building consultants, have visited the house in an effort to determine what can be done and what should be done. He stated that at this time last year, his client was interested in preserving and protecting as much of the structure and the site as possible; however, from the information received, it appears that is not the most feasible alternative. He noted that concerns have been raised about the basement and the foundation, which is rocks and mortar, as well as about the impacts an earthquake would have on the structure. He concluded by stating that Mr. Ankeny has been one of his firm's clients for the past eleven years, and is a valued client who approaches things in a "top drawer fashion". Responding to Commissioner Frost, Mr. Sabol stated he will ask his client if he will provide the structural information he has received to the Historic Preservation Officer for his review. Historic Preservation Officer Strahn concluded the work session by noting it is in everyone's best interests to save the building, while ensuring that the SAEs are relocated to . a new building that will satisfy their needs. He then indicated a willingness to commit his time to this project, with the Commission's permission. The Commission thanked the Historic Preservation Officer and the Historic Preservation Advisory Board for the presentation and their willingness to work on this project. Discussion - Commissioner Droiects None of the Commissioners forwarded any comments under this item. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. ( 1 ) Copy of the 1999 legislative update, as prepared by the Montana League of Cities and Towns and distributed at the district meetings. City Manager Johnson noted that he attended the District 10 meeting, which was held on Tuesday, and this information sheet is another summation of the legislative session. He . noted that during the special session of the Legislature, he lobbied against overriding the Governor's veto of HB91. He suggested that one of the legislative changes that should be sought in the next session is one under which County Commissions may enforce codes differently in different areas of the county, since areas close to cities should not be treated the same as rural areas where houses are miles apart. (2) Copy of a memo dated June 17 to the 9-1-1 Administrative Board forwarding the findings of the review of joint dispatch finances. 06-28-99 .. ji: - 6 - City Manager Johnson noted that, like a lot of start-up projects, this operation has been riddled with bumps and processes that needed to be fixed. He stated that this audit of the finances has identified even more process changes, and many of those have been made. Commissioner Smiley thanked City Manager Johnson and County Commissioner Olson for insisting that the finances for the 9-1-1 Center be balanced and thanked Administrative Services Director Gamradt for his efforts to balance the information. The City Manager noted that some of the past and present members of the 9-1-1 Board . have been tough on expenditures, and that toughness has resulted in savings to the taxpayers. He then noted that, as a result of the balancing of financial information, the City owes the County $203,000, and that check has been written and is on its way to the County. He then indicated that, as of July 1, the City will transfer 100 percent of its contribution to the 9-1-1 Center at the beginning of the fiscal year, which should help to alleviate the negative balance that the fund has incurred over the past few years. (3) Memo from Clerk of the Commission Sullivan, dated June 25, providing an update on last week's activities. (4) Agenda for the Downtown Improvement District Board meeting held on June 24, along with minutes of the meetings of April 22, May 13 and May 20. (5) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, June 29, in the Commission Room. (6) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, June 29, at the Courthouse. (7) City Manager Johnson submitted the following. (1) Stated that he spend much of Wednesday in the 9-1-1 Board meeting, noting that a lot of good things are happening in . that operation. (2) Spent time last week putting the finishing touches on the Teamsters contract, which has been accepted by the outside crews. (3) Announced that he will be out of the office on Friday afternoon. (8) Assistant City Manager Ron Brey reported on the Montana League of Cities and Towns Board meeting which he and Clerk of the Commission Sullivan attended last Thursday. He reminded the Commission that Bozeman will host the League Convention on September 22 through 24. He then indicated that topics of discussion at the meeting included the impacts of SB184, the legislative session, the creation of an interim sub-committee on local government finance, a Main Street project funded through CTEP monies, the energy program, reorganization of the Montana Municipal Insurance Authority, and creation of a sub-committee to meet with the Montana Department of Transportation in an effort to gain more timely release of CTEP monies and to address other issues of concern. City Manager Johnson stressed the importance of recognizing that, under SB184, if a local government does not levy the full amount of the tax levy available, the following year's budget will be based on the new level rather than the original level. He cautioned that, since the City has already encountered that problem under previous legislation, it is important to commit to levying the highest amount possible. (9) Commissioner Frost stated he spent Saturday with a lot of fun loving, happy dogs, by participating in the dog show. . (to) Commissioner Smiley submitted the following. (1) Asked that the members of the new City Planning Board be notified by letter and that the date of their first meeting be identified. (2) Stated that she attended the Downtown Improvement District Board meeting last week, noting that they will prepare an annual program and budget for review and adoption by the Commission. (11 ) Responding to questions from Commissioner Smiley, the City Manager stated that the gardens at Westlake Park are scheduled for relocation after the growing season. He then 06-28-99 ---.------..-- .--- - 7 - indicated that, because of the amount of work that some people have put into the dirt in certain plots, moving of the gardens will not be as simple as it may seem on the surface. ( 12) Commissioner Rudberg submitted the following. (1) Stated that the Salvation Army still looks bad, and has merchandise infringing on the sidewalk. (2) Once again asked for information from Career Transitions on the contributions they have made to the City for use of Bogert Park for Farmers Market and the amount they have paid for damages. She expressed concern that previous requests for this information have been ignored. (13) Ann Arbor Miller, reporter for the Bozeman Daily Chronicle announced that she . will be leaving the newspaper in early August to go to Ohio University to get her masters in photography and photo journalism. Adjournment - 5:02 p.m. There being no further business to come before the Commission at this time, it was 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 Youngman, Commissioner Smiley and Mayor Stiff; those voting No, none. for ~~~ ATTEST: .~L~ R BIN L. S~!:!1VAN_ _ Clerk of the CommiSsion ~--~ - . - ~ ~ - . .-' .' . 06-28-99