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HomeMy WebLinkAbout1998-10-12 Minutes, City Commission MINUTES OF THE AGENDA MEETING/WORK SESSION OF THE CITY COMMISSION BOZEMAN, MONTANA October 12, 1998 ***************************** . The Commission of the City of Bozeman met in agenda meeting and work session in the Commission Room, Municipal Building, on Monday, October 12, 1998, at 3:00 p.m. Present were Mayor Stiff, Commissioner Smiley, Commissioner Frost, Commissioner Youngman, City Manager Johnson, Assistant City Manager Brey, City Attorney Luwe and Clerk of the Commission Sullivan. Commissioner Rudberg was absent. The meeting was opened with the Pledge of Allegiance and a moment of silence. Agenda Meeting ~ for regular meetinQ and public hearinQs to be held on October 19, 1998 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. (4) Planning Director Andy Epple gave an overview of the memo, resolution, minutes and staff report for this agenda item. He noted that the Planning Board has recommended Condition Nos. 4, 16 and 28 be amended, and those amendments pertain to the timing of improvements to West Beall Street and North 25th Avenue. He stated that, following the public hearing, staff and the applicant met and developed a revised Condition No. 16 for Commission consideration. Responding to Mayor Stiff, the Planning Director confirmed that "no parking" signs will be posted along the east side of the street, but the west side of the street will be unsigned. (5) Associate Planner John Shearman gave a brief overview of the application, noting . the restaurant is currently under construction. He noted that staff and the Planning Board recommend approval of the application, subject to conditions. (6) Associate Planner Jody Olsen gave an overview of the application, under which five new residential lots and a remainder parcel will be created. She noted that the Planning Board recommends approval, subject to 29 conditions. Issues identified during review of this 1 O~ 12-98 - 2 - preliminary plat include impacts on wetlands, the watertable, additional traffic and the safety of children attending Morning Star. Commissioner Youngman suggested that the conditions should be revised to require that groundwater testing be for a period of time, with that period including the high groundwater . periods. She also stressed the importance of ensuring that the various types of soils on site are identified and addressed. (7) Assistant Planning Director Debbie Arkell gave an overview of the subdivision and the issues identified, including traffic impacts on North 22nd Avenue and its intersection with Durston Road and the need to signalize the intersection of North 19th Avenue and West Oak Street prior to filing of the final plat. She noted that during the public hearing, the applicant's architect indicated he would like to obtain building permits prior to installation of the infrastructure, but that can only be accommodated through a variance, and none have been requested to date. She noted that another issue is the amount of right-of-way needed for the extension of West Oak Street, particularly since it has been identified as an arterial west of North 19th Avenue. . (11 ) Staff Attorney Tim Cooper gave a brief overview of the ordinance, noting that it increases the fine for parking in a fire lane from $15 to $50 for the first and second offenses. (17) Senior Planner Dave Skelton stated that Mr. Zelver will request further continuance of this application. He then noted that the issues revolving around the original approval of the Alderson Place Condominiums will hopefully be resolved within the next three or four weeks. (19) Historic Preservation Planner Strahn gave an overview of the application, stating that the Planning staff is seeking a compromise and could support a partial reduction in the number of off-street parking spaces required. Responding to Mayor Stiff, the Planner stated he was not aware that a full Commission will not be present at next week's meeting, but will contact the applicant to see if he wishes . to proceed or seek a continuance to November 2. (20) Senior Planner Dave Skelton stated this variance would allow construction of Holiday convenience store prior to installation of the infrastructure improvements. He stated that, since the infrastructure is currently under construction, both staff and DRC support this. 10-12-98 - 3 - Responding to Mayor Stiff, the Senior Planner stated that the applicant recognizes one Commissioner will be absent from next week's meeting but wishes to proceed with this application, anyway. (21 ) Senior Planner Skelton briefly reviewed this application, stating it is essentially . the same as the previous application. He cautioned that the applicants for both this and the previous item will probably seek occupancy prior to installation of the infrastructure City Manager Johnson asked if it is time to review the code to determine at what point a foundation permit may be given and when infrastructure improvements are required. The Senior Planner responded that the Development Review Committee typically does not support variances to this section of the code; however, in this instance, the infrastructure is currently being installed by a private contractor, and the improvements will benefit this entire segment of the community. He cautioned that approval of these applications will set a precedent for what is becoming a normal request. Following discussion, Mayor Stiff requested that staff provide additional input regarding allowing construction prior to or in conjunction with the installation of infrastructure . improvements. (22) Senior Planner Dave Skelton gave an overview of this 72-unit affordable housing project. He stated that, in conjunction with this application, the applicant is requesting a reduction in open space requirements from 30 percent to 27.6 percent, and staff is recommending approval based on the redesigned project. He then highlighted some of the main conditions, which pertain to traffic, signalization and the installation of infrastructure improvements. Responding to Commissioner Youngman, the Senior Planner stated that the applicant has indicated he must receive a building permit prior to the end of the construction season to retain his tax credits for this project. . Responding to questions from Commissioner Frost, the Senior Planner stated that the managerial policies for this housing development will address some of the issues which have arisen with the Arcadia Gardens development. Senior Planner Skelton stated the timing of infrastructure improvements is an issue on which he will seek additional comments from the Engineering Department prior to next week's meeting. 10-12-98 .--.. . ----- -...--......--.-.--- - 4 ~ (23 & 24) Assistant Planning Director Debbie Arkell gave overview of this project, which is for a Reach group home for developmentally disabled adults. She stated the variance is to allow parking in the front and side yards, noting that the Director of Public Service has approved a variance to allow a circular drive. She stated the Planning Board has recommended . approval of this application. Roll Call. Pledge of Allegiance and Moment of Silence The meeting was opened with the roll call, Pledge of Allegiance and a moment of silence. Absence of Commissioner Rudberg from this meeting, in comDliance with Section 7-3-4322(2L M.C.A. It was moved by Commissioner Smiley, seconded by Commissioner Frost, that the absence of Commissioner Rudberg 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 Frost, Commissioner Youngman and Mayor Stiff; those voting No, none. Work Session. (A) Presentation re erecting entrance to old ODera House in SoroDtimist Park - Historic Preservation Officer Strahn: (B) Presentation re writina of minutes. City Attorney Luwe: and (C) UDdate re ESRI arant - Associate Planner Jody Olsen (A) Presentation re erecting entrance to old Opera House in Soroptimist Park - Historic Preservation Officer Strahn Included in the Commissioners' packets were a memo from Historic Preservation Officer Derek Strahn, dated October 5, and a letter from Ms. Raelee Lilly, a third grade teacher at Morning Star School. Historic Preservation Officer Strahn stated that Ms. Lilly saw a presentation by John DeHaas regarding the Bozeman City Hall and Opera House, which was built in 1890 and . demolished in 1966. He noted the structure was a remarkable one where the Soroptimist Park is now located, and it contained the City Hall, Fire Station, library and an opera house with seating for 1,000 people. He noted that the building incurred structure problems, particularly with the rear wall, because of an earthquake in the 1950s. He stated that when the building 10-12-98 -. .-.- - 5 - was demolished, the stones for the entrance were preserved, and a series of drawings were completed. The Historic Preservation Planner stated that Ms. Lilly has contacted the Historic Preservation Advisory Board to see if reconstructing the entrance as a formal entrance to . Soroptimist Park would be viable. He noted that she had initially considered it as a project for her third grade class, but it now appears that all third graders in the school system would be involved. The Historic Preservation Planner stated that the Historic Preservation Advisory Board is intrigued by this plan, recognizing that it would literally bring history to life and provide educational benefits to the community. He noted another advantage would be to increase the attractiveness and use of Soroptimist Park and the downtown area as well as promote civic pride at all levels. The Historic Preservation Planner stated that, in response to a question about whether the stones for this entrance still exist, he located the stones in a "rather large pile of rubble" in the impound area at the City's lower yards. He showed the Commissioners pictures of the . old City Hall and the pile of stones he had found, noting that the pile includes 70 stones while the drawings reveal there were 73 stones in the original archway. He cautioned that those stones must be carefully checked to determine how worn or damaged they might be and whether they can be used in the reconstruction of the entryway. Historic Preservation Planner Strahn suggested the students' role would be to raise pUblic awareness and funding for this project. He noted that other groups could also participate in the process, including the Improvement District Board, the Downtown Bozeman Association, the Bozeman Daily Chronicle and the School District. He stated that this proposal would fit well with the vision developed by MAKERS for the downtown area, and could serve as an important part of the downtown enhancement at little cost to the City. The Historic Preservation Planner stated that, since City property is involved, the first . step is to obtain Commission approval to pursue the project. He noted that the first steps will be a feasibility study with stone masons and structural engineers. The next step would be the preliminary design, and the five architects on the Historic Preservation Advisory Board and students from the MSU Architecture Department could possibly be used in that process. He noted that once the design has been completed, the project must be reviewed and approved 10-12-98 -.. ..-.. .--- --- - 6 - by the Recreation and Parks Advisory Board, the City-County Planning Board and the City Commission; and the next step would then be raising the monies to complete the project, followed by construction and dedication. Responding to the Historic Preservation Planner, each of the Commissioners, in turn, . expressed support for this proposal. Responding to Mayor Stiff, the Historic Preservation Planner stated that the public have strong opinions about the existing mural on the Eagles building, and its fate is uncertain. He noted that the mural could either be restored or replaced with a new mural, possibly an historic photo taken during a Sweet Pea parade. He noted that issue will depend on the plan developed for the park and the monies raised. He then stressed that if this project goes forward, an interpretive sign should be a part of it. (C) Update re ESRI grant - Associate Planner Jody Olsen Associate Planner Jody Olsen distributed a copy of information regarding the ESRI grant program. She stated that this grant is for GIS software and technical support and training. She indicated that she was initially contacted by the regional representative from ESRI . encouraging the City to apply, and she worked with Grantsperson James Goehrung to develop the application. She noted that it now appears the City will be one of the recipients of a grant, and the information she distributed outlines the items to be received and the activities and products which the City will be expected to produce. She then indicated that, based on preliminary estimates, it appears the software and technical support which the City will receive through this grant will be valued at a minimum of $20,000 and should be valuable for the GIS program. She noted that the items to be completed under this grant are a parcel base layer, a street right-of-way base layer and a street centerline base layer; and the latter has already been completed. The Commissioners thanked Associate Planner Olsen for her work on this project. (8) Presentation re writing of minutes - City Attorney Luwe . City Attorney Luwe reviewed his memo dated September 25, which was previously distributed to the Commission. He noted this memo was prepared in response to the Commissioners' expressed concern about the extent of the minutes, the amount of time it takes to prepare them and the attendant costs. He stressed that the manner in which the minutes are prepared is the Commission's decision, and he has been asked to provide 10-12-98 - 7 - information to assist in that decision-making. He noted that in the first part of his memo he has identified the costs and benefits of comprehensive minutes and has cited the minimum requirements to meet statutory requirements. He recognized that the spectrum of minutes ranges from simply satisfying statutory requirements to verbatim minutes, and minutes from . across the state reflect that broad spectrum. The City Attorney stressed that the manner in which minutes are written is strictly a Commission decision, and noted that the costs and benefits of the various options must be taken into consideration making that decision. He then reviewed five different options for Commission consideration, noting that he has identified some of the important issues under each. Those options include: (A) maintaining the status quo; (8) meeting the minimum statutory requirements; (C) meeting the minimum statutory requirements and recording the meetings; (D) hiring a court reporter or stenographer to transcribe the meetings; and (E) transferring the duties of transcribing the minutes from the Clerk to the Deputy Clerk. The City Attorney identified the benefits of comprehensive minutes, noting that they provide support in litigation, tell what was discussed, provide the basis for the decision, and . assist in future recollection of an issue. He recognized that questions may still arise concerning some matters, but those questions are minimized with comprehensive minutes. He further noted that comprehensive minutes allow for later research and provide information to the public. He recognized that this type of minutes comes with costs, and one of those costs is the amount of time it takes for the Clerk of the Commission to complete them, thus taking away from other duties and activities. The City Attorney stated that maintaining tapes comes with some difficulties. Those include the physical maintaining of tapes, the costs involved in that process, and the problems and time involved in monitoring those tapes and the limited access that results. He further noted that, under State statutes, the written minutes which are approved by the Commission are deemed the official record of the meeting, and he is uncertain whether the court would . accept tape recordings as a supplement to those written minutes. The City Attorney suggested that if the Commission chooses to transfer the duties of preparing the minutes from the Clerk of the Commission to the Deputy Clerk, Clerk of the Commission Sullivan should still be present at the Commission meetings and take shorthand as a back-up in the event that the tapes fail. He also noted that her knowledge and memory 10-12-98 - 8 - would still be available during the Commission meetings under this proposal, but her time would be freed up to accomplish other duties not currently being completed in a timely manner. Commissioner Smiley stated she likes both Options 0 and E. She then noted that Walking Cross is currently doing minutes for the City-County Planning Board as well as other . advisory boards for the City and the County, and suggested that they could possibly be retained to do the minutes for the Commission meetings as well. She recognized that under the current system, the City is losing record keeping activities and other similar duties, which could be equally as expensive as the minutes; and it is important to recognize that either those duties or the minute duties must be removed from the Clerk's responsibilities. Commissioner Frost stated his support for Option E, suggesting that the person who fills this role could possibly be considered for the next Clerk of the Commission. He stated that he likes the comprehensive minutes, but recognizes the significant amount of time they take to prepare. He then recognized that the Clerk of the Commission is swamped and her office is understaffed in light of the duties for which the office is responsible. He concluded by stating he does not feel the court reporter is a viable alternative. . Commissioner Youngman stated her support for leaving the minutes as they are for the action meetings and transferring the duties to the Deputy Clerk. She suggested, however, that the minutes for the work sessions and agenda meetings could be drastically reduced, so they are no more than one or two pages long. She suggested that the issues for the agenda meetings could be reduced to official directions to staff and only one or two sentences on each of the work session items. She noted that reports given by various departments as a result of out-of-state travel do not need to be reduced to writing in the minutes; listening to the reports during the meeting is enough. Commissioner Frost stated his concurrence with that suggestion, noting that it has been previously discussed but not enacted. Commissioner Smiley suggested that requiring people to provide the number of copies . needed for packet information is another way in which the impacts on staff time in the Clerk's office could be reduced. Commissioner Youngman asked that the minutes be single spaced instead of double spaced, thus saving paper. She also suggested that the key issues in each set of minutes be identified in the upper right corner for ease of research. 10-12+98 - 9 - Responding to Mayor Stiff, the City Attorney confirmed that the Clerk must be in attendance at all meetings. He then reminded the Commissioners that, in the past, the Commission has sometimes appointed him as the Acting Clerk to ensure that this statutory requirement is met. . Mayor Stiff stated he likes Option E. He stated, however, that if using Walking Cross to do the minutes adds to the costs of operating the office, he has a real problem with that proposal. Mayor Stiff asked that this item be brought back for additional discussion in two weeks, after the costs of using Walking Cross are known. Commissioner Youngman asked that the minutes for this meeting be prepared in both the standard format and the abbreviated format she has suggested, so the Commission can more effectively consider the option. Discussion - Commissioner croiects Commissioner Smiley asked about the Arcadia Gardens project and how to bring the site . into compliance with the conditions attached to its approval. She noted that there is a financial guarantee, but she feels it is important to ensure that the site improvements, particularly the grass and trees, are installed. Commissioner Frost responded that conversations with Code Enforcement Officer Beall reveal that he will require that the bond for the improvements be extended, and he feels that he has the issue under control at this time. He then asked for a listing of police reports for this site. City Manager Johnson stated that he talked to Edward Chang today, noting that he has just assumed the responsibility for managing this property. He noted it is Mr. Chang's intent to begin strict enforcement of the rules for both this project and the project off Kagy Boulevard, with eviction being exercised whenever necessary. . Commissioner Youngman suggested that, with the financing that was utilized for this project, it would have been possible to require full-time on-site management, noting that is an issue to consider in future projects. 10-12-98 -_._,.,-- -- .-----"..--. - 1 0 - Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1 ) A copy of the resolutions adopted during the 1998 League of Cities and Towns . Convention held in West Yellowstone last week. (2) Listing of the administrative pOlicies in the Planning Department which have been adopted from 1992 to date. (3) Newsletter from the Headwaters Recycling, announcing that the next meeting will be held at 10:00 a.m. on Wednesday, October 14, in Bozeman. (4) Agenda for the Downtown Bozeman Improvement District Board meeting which was held at 5:30 p.m. on Thursday, October 8, at the Downtown Bozeman Association offices. (5) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, October 13, in the Commission Room. (6) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, October 13, in the Commission Room. . (7) Agenda for the Bozeman Area Transportation Coordinating Committee meeting to be held at 10:00 a.m. on Wednesday, October 14, in the Commission Room. (8) Agenda for the Board of Adjustment meeting to be held at 1 :30 p.m on Thursday, October 15, in the Commission Room. (9) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, October 13 at the Courthouse. (10) City Manager Johnson submitted the following. (1) Stayed in Bozeman last week, while several of the staff members attended the Montana League of Cities and Towns Convention in West Yellowstone. (2) Reminded the Commissioners of the Montana Power Company meeting being held tonight and encourage them to attend if possible. (11 ) Assistant City Manager Brey stated that he attended the League convention on . Thursday and Friday. He noted that, of the 128 cities in Montana, 124 are members of the League; and there were a record number of registrants at this year's conference. He briefly reviewed the resolutions adopted at the convention, noting that 22 of the 25 resolutions were adopted unanimously, and the remaining three were adopted by majority vote following discussion. He then noted that there were several different sessions, many of which pertained 10-12-98 ---- -..-- - 11 - to presenting information to legislators. He also noted there were sessions involving the energy restructuring and, as a result of those sessions, he was placed in contact with the right person from Montana Power Company to answer some of his questions and provide an opportunity for additional information on the issue of deregulation. He then reminded the Commission that . next year's conference will be held in Bozeman, and the City's officials incur additional duties in that process. (12) City Attorney Luwe stated that he was involved in the City Attorney's portion of the League convention, which included one day with Personnel Directors on personnel issues and one day on criminal law. He also noted that the annual Montana Municipal Insurance Authority's annual meeting is held at the League convention, and this year, the City of Bozeman received awards for both the Most Improved Experience Modification Factor (33%) for First and Second Class Cities in the Workers' Compensation Program and the Lowest Experience Modification Factor (0.72) for First and Second Class Cities in the Worker's Compensation Program. (13) Clerk of the Commission Sullivan stated that she also attended the League . convention, including the Montana Municipal Clerks, Treasurers and Finance Officers Association meeting on Wednesday. She noted that this meeting was also one of the best attended meeting, and all sessions were among the best she has attended. Adjournment - 5: 17 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Smiley, seconded by Commissioner Frost, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Frost, Commissioner Youngman and Mayor Stiff; those voting No, none. . ~/~~ ATTEST: ALF 'M. STIFF, Mayor c--- ~e!~ ROBIN L. SULLIVAN Clerk of the Commission - - 10-12-98 -.."..---