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HomeMy WebLinkAbout1998-11-30 Minutes, City Commission -- MINUTES OF THE AGENDA MEETING/WORK SESSION OF THE CITY COMMISSION BOZEMAN, MONTANA November 30, 1998 ***************************** . The Commission of the City of Bozeman met in agenda meeting and work session in the Commission Room, Municipal Building, on Monday, November 30, 1998, at 3:00 p.m. Present were Mayor Stiff, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Assistant City Manager Brey, City Attorney Luwe and Clerk of the Commission Sullivan. Commissioner Youngman was absent. Roll Call. Pledge of Alleaiance and Moment of Silence The meeting was opened with the roll call, Pledge of Allegiance and a moment of silence. Mayor Stiff asked that, during the moment of silence, everyone in attendance remember Don Weaver, who was active in the development of the Sourdough Trail. . Authorize absence of Commissioner Youngman from meetina. in comDliance with Section 7~3~4322(2)' M.C.A. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the absence of the Commissioner Youngman from this meeting be authorized, in compliance with Section 7~3~4322(2), M.C.A. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Stiff; those voting No, none. Aaenda Meeting ~ for reaular meeting and Dublic hearings to be held on December 7. 1998 Since this is an agenda meeting, only those issues requiring staff action are contained in the minutes. . Assistant City Manager Ron Brey briefly reviewed the background information which was included in the Commissioners' packets. (4) The Assistant City Manager stated that this will be the first in a series of budget presentations. He stressed that this is the initial presentation, and no specific department presentations will be made at this meeting. He indicated that all of the department heads who 11-30~98 - 2 - will be making presentations in upcoming sessions have been asked to be in attendance for this session. Responding to Commissioner Smiley, the Assistant City Manager stated that a schedule of presentations has not yet been finalized; however, a copy of that schedule will be made . available when it is completed. He then indicated that all of the sessions will be scheduled during the Monday afternoon meetings if possible. Responding to Mayor Stiff, the Assistant City Manager indicated the Commissioners will have nothing to do to prepare for this initial meeting unless information is forwarded in their packets on Thursday. (10) Associate Planner Chris Saunders gave an overview of this project, indicating that no new information has been received since the initial packet information was forwarded to the Commission. City Attorney Luwe noted that the applicant must enter into a standard user's agreement with the City, which includes requirements for a hold harmless agreement and insurance; and a condition should be added to approval of the conditional use permit that requires the . execution of that agreement prior to installation of the tower. (11 ) Associate Planner Saunders indicated that evidence of the owner's permission to erect the tower on this tank will be required in conjunction with submittal of the final site plan for this project. (12&13) Assistant Planning Director Arkell stated that a letter of withdrawal will be included in Thursday's packets. (14) The Assistant Planning Director gave a brief overview of the project. She stated that the original planned unit development allowed for a commercial/office building on Lot 6, a motel with up to 70 rooms on Lot 7 and a restaurant on Lot 8; and under this application, a parking lot is to be located on Lot 6, a motel with 93 rooms on Lot 7 and a restaurant on Lot 8. She indicated that under the original PUD, a total of 53,800 square feet in buildings would . be allowed on the three lots; under this application, 43,000 square feet is proposed. She then indicated that the center portion of the motel is to be three stories, thus exceeding the 38-foot height limitation by 7 feet, which is slightly less than the 20 percent allowed for a deviation. ( 15) Historic Preservation Planner Derek Strahn gave an overview of the application, which allows for the development of an accessory dwelling unit over an existing garage that 11-30-98 -.------ .- ,.---...-.-- . -.- ..-- .-- - 3 - will be occupied by the owner of the property for approximately three months each year. He indicated that the house will be rented out year round, and the recommended conditions stipulate the unit may not be rented out. City Attorney Luwe stated that the deviation process may not be the appropriate . mechanism for addressing the owner occupancy issue for the accessory dwelling unit. He indicated that he will research the issue during the upcoming week, but indicated that a variance may be needed to address that item. ( 16) Senior Planner Skelton stated that the applicant will once again request that this item be continued, so that issues revolving around the final site plan for the condominiums can be resolved. ( 17) Assistant Planner Therese Berger gave an overview of the project, which involves a day care facility for up to 28 children that has existed on the site since April 1996. She noted that seven of the eight requested deviations pertain to parking. She stated a significant amount of public testimony was presented at the Planning Board's hearing on the conditional use permit. . Commissioner Rudberg gave the Assistant Planner a colored map, prepared by the applicant, that shows the surrounding property owners who support or oppose the application. Commissioner Rudberg then suggested that, since the Commissioners have received copies of the minutes from the Planning Board meeting and have read all of the testimony submitted during the meeting, it might be appropriate to limit the public hearing before the Commission to changed testimony or new testimony. Following discussion, it was determined that a sign-up sheet and a time limit might be more appropriate. Responding to Commissioner Smiley, City Attorney Luwe stated that if an attorney speaks on behalf of the neighborhood, the Commissioners have the right to ask who he is representing, although he may choose not to give that information. . Break - 3:45 to 4:00 D.m. Mayor Stiff declared a break from 3:45 p.m. to 4:00 p.m. to allow the Commissioners and staff an opportunity to relocate for the work session. 11-30-98 _.____n .. --....-.--.-- --- - ----.. ---- ..- -. --- -.-----. ----- --.- .----------..-.-..--.. -----.-.----. --- - - 4 - Work Session - (A) Presentation from Gloria Edwards re Victim Witness ProQram: (B) with County Commissioners re ( 1) air conditionina at Law and Justice Center. (2) West Babcock Street riaht-of-way. (3) ioint boards and appointments to them. (4) County Commission issues. and (5) 1999 legislation (A) Presentation from Gloria Edwards re Victim Witness Program Included in the Commissioners' packets was a letter from Ms. Gloria Edwards to the . County Commission and City Commission, dated October 19, regarding a proposed victim services office. Ms. Gloria Edwards summarized her letter, in which she proposed creating a central office which provides all of the services for victims and witnesses, rather then having them spread throughout the law and Justice Center. She suggested that the victim services office could be located in a remodeled area on third floor which is currently storage and a computer lab that is rarely used. She concluded by noting that this would eliminate the existing fragmentation and duplication as well as provide the privacy needed when dealing with this type of situation. Responding to Commissioner Rudberg, County Attorney Marty lambert stated that . access to this area can be gained either from the hall across from the jury rooms on third floor or the back stairway located behind the Chief of Police's office. He then indicated that the three offices, reception area and interview room being proposed will probably take approximately one-third of the large vacant area that currently exists. He noted that a number of other uses have been suggested for this area and cautioned that the load on the floor is an issue that must be carefully considered when making decisions. County Commissioner Phil Olson noted that there are many needs that must be considered as a decision is made on this request. He then indicated he would like to see a proposed floor plan and a cost estimate for this proposal. Responding to Mayor Stiff, County Attorney lambert stated that under the existing agreement between the City and the County, 57 percent of the floor space in the remodeled . wing is the City's and 43 percent is the County's. As a result, the decision must be a joint decision. County Commissioner Jarvis Brown stated he has toured the existing offices and recognizes the need for a victim services office. He then characterized the third floor of the law and Justice Center space as not being great, but a definite improvement. 11-30-98 .. . -.-..-. .--- - 5 - Ms. Kathy Coles indicated her support for this proposal, suggesting that a small grant may be available to assist with a portion of the costs. County Attorney Lambert suggested this type of project may also lend itself to fund raising efforts. He then suggested that he could seek architect estimates on the costs of . developing a proposed floor plan and cost estimates. Both the County Commissioners and City Commissioners expressed general support for pursuing this proposal. (B) Session with County Commissioners Present at this meeting, in addition to City Commissioners and City staff, were County Commissioners Phil Olson and Jarvis Brown, County Attorney Marty Lambert and Deputy County Attorney Susan Swimley. Air conditioning at Law and Justice Center. County Commissioner Jarvis Brown stated he has received an analysis of some of the problems with the air handling, plumbing, electrical and mechanical systems at the Law and Justice Center. County Commissioner Phil Olson suggested that a copy of this information be forwarded . to the City Commissioners, since some of the City operations are housed in this facility. He then indicated that duct work for air conditioning has been installed in the new portion of the Law and Justice Center, although the air conditioning system has not been; and the old part of the building is cooled by water cooled air. Responding to Commissioner Smiley, County Commissioner Olson stated the County has no plans to upgrade the existing detention center, since a new facility is being considered. West Babcock Street right-of-way. County Attorney Marty Lambert stated that he has a draft of the petition, which he will forward to City Attorney Luwe for his review and comments. He then indicated that the surveyor, who is completing the survey to accompany the petition, has been off work for an extended period of time with a disability; and it is now anticipated that the survey will be completed by the end of December or early January. He . stressed that this survey is being completed at no cost to the City. County Commissioner Phil Olson noted that they have been receiving letters from people along West Babcock Street expressing concern about being sued or having their land taken away. He then addressed some of the misunderstandings that seem to exist, stating it is the 11-30-98 ...--- - 6 - Commissioners' intent to find out what is the prescriptive use. He stated this is the extent of his interest, not suing to get more land. County Commissioner Jarvis Brown stated there also seems to be some misunderstanding on the centerline of the roadway, noting his support for allowing the road to . remain in its current alignment. City Attorney luwe stated the first step is to determine the prescriptive easement, which may not be adequate for the road standard being considered; the next step will be to make a reasonable offer for the additional right-of-way needed; and then condemnation, if necessary. He stressed the importance of recognizing that it may not be possible to upgrade the road within the prescriptive easement identified by the Court. Responding to Mayor Stiff, the City Attorney indicated that several different issues will need to be addressed in conjunction with possible improvements to the roadway. He stressed, however, that at this time, the issues of 1-19, CI-75 and annexation are not related. County Commissioner Phil Olson stated that he is not interested in pursuing acquisition of additional right-of-way if the prescriptive easement is determined not to be adequate; and . the County is not interested in building a road. City Attorney luwe stated that since the city and county are checkerboarded along West Babcock Street between West Main Street and Fowler Road, it would not be cost effective for one entity to pursue upgrading of those portions of the roadway for which it is responsible. Commissioner Frost suggested that this matter be taken one step at a time, with the prescriptive easement being the first step. County Attorney lambert suggested that existing fences and trees be disturbed as little as possible. He then cautioned that the Court may determine the prescriptive easement is for the existing road only. At the property owners' request, Mr. Art Wittich, legal counsel for the West Babcock Street landowners' Association, was given an opportunity to address the Commissions. He . characterized the approach being considered by the Commissions as inappropriate, particularly since the prescriptive easement process is essentially one of condemnation. He noted that the County has not taken any action to designate West Babcock Street as a public road, and many property owners maintain their property to the edge of the existing asphalt. 11-30-98 - 7 - Mr. Wittich then suggested that, instead of engaging in the two- or three-step process currently being proposed, the Commissions proceed immediately to the eminent domain, or condemnation, process, which would allow the process to move more quickly and ensure the property owners are appropriately compensated for the land which they will lose to the street . right-of-way. He then cautioned that widening the roadway could create problems for existing septic tanks and drainfields; and those problems would then lead to the need for individuals to connect to City water and sewer services, thus incurring impact fees. Commissioner Frost responded that, at the present time, the only issue being pursued is the size of the prescriptive easement in which West Babcock Street is located. He noted that the other issues will be addressed at a later date. The Commissioners concluded the discussion by recognizing that the petition for a prescriptive easement is to be filed in the District Court in December or January. Joint boards and appointments to them. Commissioner Joan Rudberg noted that, on the City-County Board of Health, two of the City appointees reside outside city limits and one of the County appointees resides inside city limits. She expressed concern about the City moving . away from appointing city residents to a joint city-county board; however, she is also not interested in removing anyone from the City-County Board of Health because it has such good members. She proposed that the City and the County consider trading the appointments that are to be made in January 1999, which will result in another one of the City appointees living inside city limits and another County appointee living in the county. County Commissioner Phil Olson stated he understands what Commissioner Rudberg is trying to accomplish, and questioned why the City and County Commissions need to wait for term expirations to accomplish the swap. County Commissioner Jarvis Brown stated he supports Commissioner Rudberg's proposal, particularly if the interlocal agreement and by-laws contain any type of residency requirements. . Commissioner Smiley forwarded her willingness to call the members of the City-County Board of Health to find out if they are interested in continuing to serve on the Board and if they have a problem with a change in which body is appointing them. County Attorney Lambert stated that the interlocal agreement does not include any specific residency requirements for serving on the City-County Board of Health, although he 11-30-98 . ..--------.-----. ..-.,.-.. - 8 - recognizes that could be a consideration. He then indicated that what the Commissions are considering would be appropriate. Commissioner Rudberg noted that the City's appointments to the City-County Planning Board seem to be well staggered, She noted, however, that the terms of three of the four . County appointees expire at the same time and suggested that the County Commission may wish to consider a more even split rather than encountering the possibility of having three new appointees at the same time. She also suggested that the City and County Commissions should look at the budget for the City-County Planning Department together, to ensure that both entities are levying the appropriate amounts for this program. Commissioner Rudberg then noted that, in the information which the Commissioners have received, there is an interlocal agreement for a joint community recreation department, dated 1973. City Attorney Luwe stated he is researching the history of that agreement and suggested that it may have been terminated, in light of the manner in which that program is now operated. . City-County campus. County Commissioner Phil Olson noted that the County and the City are already involved in some programs, such as police and 9-1-1. He noted that the County is undertaking some long range planning and asked if there is any reason the City would like to be involved with the County in any other building services. He suggested that, if there are, it would be easier to consider those items early in the process, rather than trying to incorporate them further down the line. Commissioner Smiley stated she would like to brainstorm this issue. Commissioner Frost noted that, years ago, the City and County Commissioners discussed the possibility of a joint landfill, but that issue has not been raised for several years. County Commissioner Brown stated it is important to not plan in a vacuum. He then suggested that an item for discussion in the future might be the consolidation of the City . Shops, County Shops and possibly the State Department of Transportation into a single facility. Assistant City Manager Ron Brey noted that Special Projects Coordinator James Goehrung has been designated as the City's facilities coordinator and suggested that he be included in any discussions about possible joint facilities. 11-30-98 -"... ---.--- -- - 9 - Mayor Stiff stated that, while he will not "blindly affirm" any items, he is interested in looking at options for joint participation that could result in economies to both entities. He then suggested that the Commissions could exchange information as a possible alternative to creating a joint committee. . Public access television. County Commissioner Olson asked if the City Commission is still considering this issue and asked for any information that may be available. Commissioner Frost noted that the ad hoc committee which was appointed by the Commission several years ago still remains active, and suggested that they could be asked to make a presentation to the two Commissions. Commissioner Smiley stated that she asked the committee for budgetary information from the Missoula program and she has not yet seen it. Commissioner Rudberg cautioned that a public access television program will cost people money and stressed that, with CI-75, a vote of the people will be required. Assistant City Manager Brey noted that, when deregulation of cable television occurred, the City of Bozeman was listed on the cable television bills as the franchise authority. He . stressed, however, that the City receives no franchising fees, and its only authority is to ensure that any adjustments in fees are in accordance with regulations. Joint CTEP Coordinator. County Commissioner Olson stated that representatives from the Montana Department of Transportation suggested, at a recent meeting, that if the County had a coordinator for CTEP monies that was responsible for all of the jurisdictions in the County, it would be easier to fund projects, particularly multi-jurisdictional projects. He stated that this program has been funded for another six years, and it is possible this joint effort could result in benefits to the smaller communities on the county. Assistant City Manager Brey reminded the Commissioners that the allocation of these monies is population driven. Commissioner Rudberg stated that, based on information from last week's meeting with . the Montana Department of Transportation, it appears that there are monies beyond those allocated to each community that might be available for major projects. Commissioner Smiley suggested it would be good to work together to help the smaller communities. 11-30-98 - 10 - 1999 Legislation. County Commissioner Olson asked if the City Commissioners wish to continue with the Council of Governments and, if so, whether they wish to have a meeting scheduled for this month. Following discussion, a majority of the Commissioners indicated that the Council of . Governments is a good forum, but recognized that a meeting this month would probably be poorly attended by legislators. The Commissioners also determined that the best way to share information would be between the City Manager and the County Commissioners' Office. Assistant City Manager Brey noted that the Montana League of Cities and Towns has a rather tightly bundled package of legislative issues, and the Montana Association of Counties has a package of its own. He noted, however, that the Council of Governments provides another forum through which the various governmental entities can assist each other in the legislative process. The County Commissioners thanked the City Commissioners for this opportunity to discuss issues of interest to both bodies. . Discussion - Commissioner oroiects None of the Commissioners forwarded any comments under this agenda item. Discussion - FYI Items Assistant City Manager Brey presented to the Commission the following "For Your Information" items. (1 ) Invitation to attend an open house at the Comfort Inn at 5:00 p.m. on Wednesday, December 2. (2) Letter from the Coalition of Montanans Concerned with Disabilities. (3) Notice of the LEPC meeting which was held on November 19 in the Community Room at the Library, along with minutes from the October 22 meeting. . (4) Agendas for the Development Review Committee meetings held at 10:00 a.m. on November 24 and December 1, 1998. (5 ) Agenda for the Design Review Board meeting held at 3:30 p.m. on Tuesday, November 24. 11-30-98 ---.-- -. --..---- -... - 11 - (6) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, December 1. (7) Agendas for the County Commission meetings held at 1 :30 p.m. on November 24 and December 1, 1998. . (8) Assistant City Manager Ron Brey stated that the City Managers, City Attorneys and Directors of Finance from the larger cities in Montana will meet in Missoula on Friday; and the topic of discussion will be the impacts of CI-75. (9) Commissioner Frost referred to an editorial in the November 25 issue of the Billings Gazette regarding planning. The Commissioners asked that they be provided a copy of the editorial. (10) Commissioner Frost stated that he read the proclamation for Smoke Free Bozeman at the junior high school last week. (11 ) Commissioner Rudberg submitted the following. (1) Asked if an executive session is to be scheduled next week to discuss personnel issues. (2) Thanked the LEPC, Beautification Advisory Board and Victim Witness program for submitting the minutes of their meetings to the . Commissioners. (3) Noted that Stan Johnson, member of the Bozeman Area Bicycle Advisory Board, called and asked to meet with the Commissioners. ( 12) Commissioner Rudberg voiced her displeasure with the article in the November 24 edition of the Bozeman Daily Chronicle, stating she feels the City was unfairly treated. She noted that the City has a ten-year history of problems with the Salvation Army, stressing that failure to comply with regulations has not been tolerated on any other property in the city for such an extended period of time. She also noted that there have been two major fires in this building in recent years, further indicating major problems with their operation. She stated that Sachs is a similar store, yet they have not encroached on the sidewalk or created any other problems or violations. She concluded by noting that the City does provide the Salvation Army with free landfill privileges; and she feels the slant against the City in the article was totally . inappropriate. Commissioner Frost and Commissioner Smiley stated concurrence with Commissioner Rudberg's concerns about the Salvation Army's operations and continued violations. 11-30-98 --- - 12 - Adiournment - 5:50 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Smiley, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being . Commissioner Frost, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none. ~~~ AL D M. STIFF, Mayor ATTEST: ~...~~ ROBIN L, SUld..l\iAN -, -, .. -.... ---- Clerk of th~-:c.arfimissio~n .:::::: "., .... '~-:-~~-="=- .,.~ .----~~~;.~:..:.' :' - . ----- - -~-I=":":""---~---~" -~ , r "-, ~:: : /__<'. ............... ,.~'~ .\-.., -- .. , , .: -':','- -- . . 11-30-98