HomeMy WebLinkAbout1998-08-10 Minutes, City Commission
MINUTES OF THE AGENDA MEETING/WORK SESSION
OF THE CITY COMMISSION
BOZEMAN, MONTANA
August 10, 1998
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. The Commission of the City of Bozeman met in agenda meeting and work session in the
Commission Room, Municipal Building, on Monday, August 1 a, 1998, at 3:00 p.m. Present
were Mayor Stiff, Commissioner Smiley, Commissioner Rudberg,
Commissioner Frost,
Commissioner Youngman, Acting City Manager Brey, City Attorney Luwe and Clerk of the
Commission Sullivan.
Agenda Meeting - for regular meeting and Dublic hearings to be held on Auaust 17, 1998
Since this is an agenda meeting, only those issues requiring staff action are contained
in the minutes.
Acting City Manager Brey briefly reviewed the background information which was
included in the Commissioners' packets.
. (41 Assistant Planning Director Debbie Arkell briefly reviewed this project on behalf
of Associate Planner Jody Olsen.
Responding to Commissioner Rudberg, the Assistant Planning Director stated that this
building was constructed several years ago as a Sambo's Restaurant, and many of the
recommended conditions are designed to bring this property into conformance with today's
zone code. She then reminded the Commission that last year, the applicant sought approval
for an addition to the building, but has since decided not to construct that addition. She noted,
as a result, many of the recommended conditions for approval of this application are the same
as or similar to the conditions for that approval.
(5) The Acting City Manager noted that a letter was included in the packet. He then
. stated the Recreation and Parks Advisory Board reviewed this request at its meeting on
Thursday night, and he anticipates additional information may be forthcoming in next week's
packet.
(8) Assistant Planning Director Arkell briefly reviewed this request for annexation of
160 acres known as the Montana Meadows Annexation. She stated this application for
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annexation was submitted a year ago, and staff waS unable to support it because the property
lies wholly outside the sewer service and urban service boundaries and, at that was not
contiguous because Valley West Annexation, including Area 3, had not yet been annexed. She
noted that since the Valley West Annexation process has been completed, the applicants have
. indicated a desire to activate the annexation application again. She stated the property is now
contiguous but lies adjacent to and outside of the new sewer service boundary, and
topographic constraints limit gravity flow sewering of the property except possibly through the
mains in Durston Road. She noted that concerns have been voiced by the Water and Sewer
Departments, Fire Department and Police Department, and their comments are included in the
packet.
The Assistant Planning Director stated that no major upfront infrastructure is being
offered or required for this annexation, although some rather substantial facility plans for water
and sewer are to be required of the applicants prior to development. She noted that one of the
recommended conditions of approval pertains to affordable housing and includes the same
language as the conditions for the hospital annexation.
. Responding to Commissioner Rudberg, the Assistant Planning Director stated that with
a sewer lift station, this property could be more easily sewered. She then noted that the
Water/Sewer Superintendent has recommended that if a lift station is installed, the applicants
be required to provide for its maintenance.
Responding to the Acting City Manager, the Assistant Planning Director stated that even
much of Bronken Park will be difficult to sewer.
Responding to Mayor Stiff, the Assistant Planning Director stated the closest annexation
to the east on the north side of Durston Road is Doug Smith's property at Meagher Avenue,
and it is approximately two miles from this subject property. She then noted that the Anderson
property lies to the north, and they have been hesitant to sign easements for the Valley West
Annexation.
. Responding to Commissioner Rudberg, the Acting City Manager stated that staff has
looked at the apparatus that can be carried in a fire truck that can turn traffic signals red. He
characterized this equipment as being capacity expanding by decreasing the response time, and
suggested that it may be eligible for impact fees.
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City Attorney Luwe reminded the Commission that this is the intent to annex, and many
of the questions and issues raised will be addressed later in the process.
(14) Acting City Manager Brey stated this public hearing is to be opened and continued
to give staff an opportunity to address the issues that have been identified during review of this
. application by the various advisory boards.
Senior Planner Dave Skelton stated that two deviations are being requested in
conjunction with removal of houses at 108 and 100 South Bozeman Avenue and construction
of a parking lot. He noted one deviation, to allow for narrowing of the access to the parking
lot from 24 feet to 18 feet; and that deviation can be approved by the Director of Public
Service. The other deviation is from the requirement that an interior landscape island be
provided. He noted that any parking lot with more than 15 spaces is required to have a
landscape island, and this lot contains 24 parking spaces. He noted the other issue is the
proposed removal of mature elm trees, and whether the ordinance pertaining to reimbursement
for removal of mature trees on public property applies in this instance. He stated that another
issue yet to be resolved is whether the Parking Commission is its own entity or part of the City.
. The Senior Planner stated that staff cannot forward a favorable recommendation on this
application. He then indicated he anticipates a significant amount of public input, particularly
from residents in the area. He noted that staff is working with the First Security Bank on the
possibility of obtaining a secondary access to this parking lot from their parking lot to the
south, which may help to address some of the issues which have been identified.
Acting City Manager Ron Brey noted that in 1993, the City Commission was named as
a co-grantor for this subject property. He also noted that the City has determined that it should
comply with the zone code regulations to the extent possible. He indicated that the additional
time before the public hearing is held will allow staff an opportunity to research many of the
issues which have been identified. He then noted the value of the mature elm tree proposed
for removal is $16,000. He indicated that if this is simply a transfer between general fund
. budget units, that transfer would not be necessary, but if it is a transfer from a special revenue
fund to the general fund, it may be required.
Senior Planner Skelton noted that, since the landscaping around the perimeter of the
parking lot would have minimal benefit to those parking in the lot, the possibility of installing
the fence behind the landscape area, immediately adjacent to the parking spaces, has been
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considered. He stated this would have the effect of extending the yards of the adjacent
residential properties and may have a greater benefit to the community.
Commissioner Youngman raised a concern about the timing for removal of these houses,
which provide affordable housing in the community, because of the start of the new college
. year and suggested that the tenants be given as much additional time as possible before the
houses are removed and the parking lot constructed.
(added item) Commissioner Youngman announced that she will be out of town next
week and asked that authorization of her absence be added to the agenda.
(added item) The Acting City Manager stated that staff has received a verbal request for
permission to close South Third Avenue between West Main Street and West Babcock Street
from 3:00 p.m. to 9:00 p.m. on Sunday, August 23, for a barbecue, and this item will be
included on the consent agenda.
City Attorney Luwe suggested this request may be subject to the new parade and public
assembly ordinance recently adopted and may not need to appear on the agenda.
. Break - 3:42 to 4:00 p.m.
Mayor Stiff declared a break from 3:42 p.m. to 4:00 p.m. to allow time for rearranging
the Commission Room and preparing for the work session.
Roll Call. Pledae of Alleaiance and Moment of Silence
The meeting was opened with the roll call, Pledge of Allegiance and a moment of silence.
Work Session - (A) Presentation re the Brvan Policv Governance - Kandv Rose. Councilmember.
Brvan Texas: (B) Presentation re status of CTEP Droaram and croiects: and (C) Discussion re
Dossible cancellation of Auaust 24 Commission meetina
(A) Presentation re the Bryan Policy Governance - Kandy Rose, Council-
member, Bryan, Texas
. Included in the Commissioners' packets was a copy of information from the City of
Bryan, Texas, regarding Bryan Policy Governance, which is based on the John Carver Policy
Governance Model.
Acting City Manager Brey stated that approximately this time last year, Ms. Rose
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submitted information on the Carver Policy Governance, and he and the City Manager kept that
information in a file in anticipation of a possible presentation this year.
Ms. Rose stated
that Bryan is a rapidly-growing
metropolitan community of
approximately 62,500 located 90 miles northeast of Houston. She indicated that Texas A&M
. is a university of over 40,000 students located in College Station, which is very close to Bryan.
Ms. Kandy Rose gave background on the process and why it was adopted in Bryan,
Texas. She noted that when she became a Councilmember eight years ago, she had been
attending the council meetings for ten years, as both an interested citizen and editor of the
paper. She stated that during attendance at those meetings, she noticed the Council did not
seem to have time to plan for the future of the City, and when she became a member of the
Council, she recognized a sense of uneasiness among Council members. She noted that when
attending the Texas Municipal League Conference one October, she heard a presentation on
the Carver Policy Governance and was intrigued by it.
Ms. Rose noted that when she ran for office, she thought that all that was required was
doing her homework and making the best decision possible. She noted that is the process
. which most cities use, and that presentation showed that it is the process used in most cities
and that neither the process nor the councils have grown as time has marched on. She
characterized counties as having even worse and more antiquated processes.
Ms. Kandy Rose stated that the new model of governance does several things: it makes
the very best use of staff and makes them efficient; and it allows the Council members to do
what they are elected to do, which is to maintain the trusteeship with the people that elected
them. She noted this model also provides for greater control over staff because the process
identifies the items to be accomplished under established executive limitations.
Ms. Rose noted that implementation of this new policy took time. She noted that after
she heard the initial presentation, it took three years to convince the other Council members
to listen to a presentation and then a few more months to implement the process. She stated
. that since it was implemented three years ago, which included a change in the format of
Council meetings, the City has won four national awards and three state awards. She stressed
that with the ends statements and goals which the Council establishes, staff has been given
the flexibility to be creative and use their talents to develop programs that work and that help
to meet those goals. She stressed that monitoring is an important part of the process, and that
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monitoring can be accomplished through (1) internal reports from the City Manager and staff;
(2) external audits; or (3) on-site reviews; and the method used is tailored to the process.
Ms. Kandy Rose stated that she has a special interest in Bozeman, noting that she and
her husband have visited here in each of the past eight years, have purchased property in the
. county and intend to move here in two years after they retire. She recognized the importance
of Bozeman having good governance, noting that this City impacts how the County and other
communities in the immediate area operate. She forwarded her willingness to spend half a day
with the Commissioners, giving a more in-depth presentation, if they wish.
Responding to questions from Commissioner Youngman, Ms. Rose stated the agendas
for Council meetings are divided into three sections: the consent agenda, the statutory agenda,
and the regular agenda. She noted that items may be removed from the consent agenda by
majority vote and items may be removed from the statutory agenda by two Councilmembers.
She stressed that long-range planning is critical; however, she stated that specific development
issues, including annexation, zoning and subdivision reviews are handled by staff and the
appointed bodies, with those decisions appealable to the Council. She indicated that Council
. meetings are held twice each month; and the regular meeting takes no more than an hour, with
the next two hours of each meeting being devoted to planning for future of city. She stated
that after the Council has identified and prioritized the top six items to be addressed during the
upcoming year, they address those items individually, in priority, through the following five-step
approach that includes: (1) developing philosophy statements, directing staff to do research
and listening to staff presentations; (2) inviting community partners to share their positions and
receiving public input; (3) discussing the input and beginning to draft ends statements;
(4) reviewing documentation and draft ends statements; and (5) adopting ends statements or
goal. She stated this process generally takes three or four meetings per item, so six items are
generally the most that can be addressed in a one-year period. She noted that as each ends
statement is completed, it is turned over to staff, and they are asked to accomplish that item
. with the budget and executive limitations, recognizing that it is all right to make mistakes. She
indicated that staff loves the new process, and the rate of employees leaving has dropped to
under 1 percent. She also noted the community is supportive of the new process, the number
of citizen complaints has dropped and the number of people attending Council meetings has
risen.
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Ms. Rose stated that Dr. Carver also encouraged the Council to review each of their
boards and commissions to determine whether those bodies are responsible to the Council.
She noted that in Bryan, they had thirteen boards. She stated the Council identified those
boards required by law and then addressed the remaining ten boards under a sunset review,
. one~third of the boards at a time, and determined if they were advisory to the Councilor the
staff . She noted that for those boards which are advisory to staff, the Council has allowed
staff to appoint the members of those boards, under the executive limitations. She indicated
that the Council continues to make appointments to those boards which are required by law
or advisory to the Council.
Responding to Commissioner Rudberg, Ms. Rose stated that Bryan, Texas, operates
under the Council-Manager form of government; six Councilmembers serve three-year terms
with a six-year limit; and the Mayor being elected to that position. She characterized this new
process as being efficient and allowing the Council to accomplish its work. She noted this
model is very popular in Canada, and it is now being adopted in more communities in Texas.
Further responding to Commissioner Rudberg, Ms. Kandy Rose stated that Bryan has a
. comprehensive plan, and that plan is now being updated, under a board that was appointed half
by the Council and half by the staff. She then indicated that the Council does conduct public
hearings on some planning and zoning issues, but not to the extent it did previously. She then
showed the Commission a book entitled Boards that Make a Difference by John Carver, noting
it contains many good ideas.
Ms. Rose noted that the Council continually monitors itself to ensure that it does not
slide back into the old way of doing things. She stated that a monitoring form is completed
by a designated Council member each week and, at the end of the meeting, the Councilmember
reviews that form. She noted this step helps the Council to follow the new process on a more
constant basis.
Responding to Commissioner Frost, Ms. Rose stated that when doing research, staff
. gathers information from other communities of similar size, without paying attention to
geographic limits. She noted that an environmental scan is also completed to ensure that those
issues are appropriately addressed.
The Commissioners thanked Ms. Rose for her presentation.
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(8) Presentation re status of CTEP program and projects
Included in the Commissioners' packets was a memo from Special Projects Coordinator
James Goehrung, dated July 30, 1998, forwarding information on the status of the Community
Transportation Enhancement Program (CTEP).
. Special Projects Coordinator Goehrung stated that, because of the State's reticence to
approve the application for the lighting project in the downtown area, the Enhancement
Steering Committee has met again in an effort to develop a recommendation for use of the
$108,000 in ISTEA monies that must be committed by October. He noted that, as a result of
the meetings, the Committee has decided to continue pushing the lighting project because they
feel it is the best application.
Responding to Commissioner Rudberg, the Special Projects Coordinator stated that the
State views a project from beginning to ending, and they do not view the procurement of light
standards as a project. Rather, the light standards must be installed and the lights operating
for the State to consider it a project. He cautioned that if the light standards are purchased but
the lights not installed within a certain period of time, the City may be required to pay the
. monies back to the State.
Mr. Keith Swenson, representing downtown improvement district, stated they have
proposed the installation of historic lamp standards, the capitals and bases for which require
casting. He noted that is the portion of the project which has been proposed for funding under
the CTEP program, and the other portions of the project are to be funded as monies become
available.
Mr. Swenson expressed his frustration in dealing with the Montana Department of
Transportation, and the inability to obtain responses in writing. He recognized that if the ISTEA
funds are not utilized within the timeframes established, they will be lost; and he agrees that
other viable projects need to be identified to ensure those funds are not lost. He stressed,
however, that the downtown merchants wish to ensure that their project is identified as the
. City's top priority and that it is promoted to the greatest extent possible.
Responding to Commissioner Rudberg, Mr. Swenson stated that the lights cannot be
installed for at least a year because they are currently obtaining responses from each individual
property owner in the downtown area regarding the overall plan. He noted that once that
project is rejected, as he anticipates it will be, an alternative plan will be submitted, and that
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alternative will then need to be approved or rejected. He also noted that the recent court ruling
on property taxes could impact the tax increment monies. He stressed that the downtown
property owners are committed to the lighting project, even if the tax increment generates no
revenues, and some of the individual property owners have indicated a willingness to put up
. the matching monies themselves if necessary.
Mayor Stiff suggested that the downtown lighting project might be more appropriately
forwarded for the next round of funds rather than this year's funds in light of their time
constraints.
Mr. Keith Swenson recognized the wisdom of identifying another project that will meet
the State requirements for these monies. He stressed, however, that the downtown property
owners wish to make sure that their project does not get moved down in priority in this
process.
Responding to Commissioner Rudberg, the Special Project Coordinator stated that the
additional monies requested under this application are for more light standards, so that the
lights can then be extended halfway down some of the side streets.
. Commissioner Rudberg stated that she likes to play hardball and she likes to gamble, but
she does not want to gamble with these ISTEA monies and she does not wish to jeopardize the
good relationship which the City is currently enjoying with the Transportation Coordinating
Committee. On that basis, she feels it is important to identify another project that is assured
of qualifying for the $108,000 that must be committed by this October, with the downtown
lighting project being identified for the $117,000 that must be committed by October 1999.
Special Projects Coordinator Goehrung stated he will try to get letters of clarification
from the State, so the City has a basis upon which to develop its applications for these ISTEA
monies. He then indicated an interest in submitting applications for both this year's and next
year's monies, recognizing that the lighting project will not be ready to move forward until next
year. He then stressed that forwarding the lighting project application carries with it a
. commitment to fund the balance.
In response to Commissioner Youngman, the Special Projects Coordinator stated that,
even though the projects have been completed, the City has still not received all of the
enhancement monies for the Highland bicycle/pedestrian path or the South 3rd Avenue path.
He noted that once a project is completed, the State inspects it and the City can then request
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reimbursement under the program as established for Montana. Further responding to
Commissioner Youngman, he noted that the City must have $253,000 spent by October and,
with the commitment of monies for the Bozeman Ponds project, he feels the City will meet that
requirements.
. Following discussion, the Commissioners recognized that the downtown lighting project
is still their top priority. They recognized the need to identify another viable project, recognizing
that the remaining options identified by the Enhancement Steering Committee include the Story
Mill Trail, improvements to South 4th Avenue, the Ellen Theater and landscaping along North
19th Avenue. They also recognized that additional monies could possibly be requested for the
projects that have already been approved.
Historic Preservation Officer Derek Strahn cautioned that since the City does not have
a lease in perpetuity, the Story Mill Trail project may not be a viable project.
Responding to Commissioner Rudberg, the Special Projects Coordinator stated he will
research whether these monies can be used on private property, like the Ellen Theater, if the
property is possibly encumbered through an agreement with the City or similar mechanism.
. Special Projects Coordinator Goehrung suggested the two projects that appear most
viable at this time are the South 4th Avenue and North 19th Avenue projects. He recognized,
however, that they both have issues to be addressed, particularly since property owners in the
South 4th Avenue area have not participated in development of the plan, and since the
landscaping along North 19th Avenue was included in the original plans for improvement of
that roadway but was eliminated late in the process.
Mr. Keith Swenson expressed concern about the proposed North 19th Avenue project,
noting that some of the downtown property owners have complained about the subsidies for
infrastructure improvements at the interchange and the continual expenditure of public funds
in the external areas of the community. He also raised a question about whether the ISTEA
monies can be used to fund a landscape project which was previously to be funded through
. another federal funding source.
Acting City Manager Bray indicated that staff will research this matter further and bring
back a recommendation as soon as possible for Commission consideration and action.
(C) Discussion re possible cancellation of August 24 Commission meeting
Acting City Manager Brey stated that a number of City staff members will be out of the
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office at various times over the next few weeks. He noted that this is a five-Monday month,
so the August 24 meeting is to be a work session only, He then forwarded a proposal to
cancel the meeting unless the Commissioners have an issue they wish to discuss.
Mayor Stiff, Commissioner Rudberg and Commissioner Frost voiced their support for
. cancelling the meeting; and no Commissioner forwarded any opposition to the proposed
cancellation,
Discussion - FYI Items
Acting City Manager Brey presented to the Commission the following "For Your
Information" items,
(1 ) Copy of a letter from Arthur V. Wittich, attorney for the Babcock Street County
Landowners Association, to the Gallatin County Commissioners, dated August 3, 1998,
regarding the County Attorney's June 26 letter regarding status of the right-of-way for West
Babcock Street.
(2) Memo dated August 4 forwarding the agenda for the Cemetery Board meeting to
. be held at 2:00 p,m, on Thursday, August 13, in the Commission Room.
(3) News release from Senator Baucus' office announcing that the City of Bozeman
will receive $164,084 to continue and expand the Gallatin Project,
(4) Letter from Career Transitions, dated July 30, forwarding the class schedule for
August.
(5) Copy of the Headwaters Recycling newsletter dated August 3, which indicates
the next meeting is scheduled for August 12 in Virginia City,
(6) Letter from several residents along Nash Road and Sourdough Canyon Road, dated
August 6, expressing concern about the dust problem caused by the Water Treatment Plant.
(7) Minutes for the CTEP Steering Committee meeting held on July 30, 1998.
(8) Agenda for the Development Review Committee meeting to be held at 10:00 a.m,
. on Tuesday, August 11, in the Commission Room.
(9) Agenda for the Design Review Board meting to be held at 3:30 p,m. on Tuesday,
August 11, in the Conference Room at the Professional Building,
(10) Agenda for the County Commission meeting to be held at 1 :30 p,m, on Tuesday,
August 11, in the Community Room at the Courthouse,
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(11 ) Acting City Manager Brey stated he has been working with the intern to develop
information on annexation issues and affordable housing issues, for presentation to the
Commission in the next month or so.
(12) Commissioner Youngman submitted the following. (1) Asked that the Clerk of
. the Commission draft letters from the Mayor to the staff members who assisted the
Commissioners in preparing to participate in the parade. (2) Asked that the Commissioners
receive copies of the minutes from the Board of Adjustment meetings, particularly in light of
the fact that they will now be acting on variances before the Commission considers any
attendant conditional use permits.
( 13) Commissioner Smiley submitted the following. (1) Stated she is attending the
every-other-week meetings of the Mental Health Action Committee. She stated the system is
bottoming out, and people are encountering more and more problems with the service.
(2) Expressed concern that drivers are not obeying the 15-mile-per-hour speed zone adjacent
to Bogert Park. She suggested that parking be reinstated along the west side of the street to
slow down the traffic in that area; the Acting City Manager cautioned that the City has
. consciously removed parking adjacent to schools and parks to reduce the potential of children
darting out into traffic from between parked cars.
(14) Commissioner Rudberg submitted the following. (1) Stated her appreciation for
the weekly newspaper column by the Police Department. (2) Thanked Commissioner Smiley
for the leis which she made for the Commissioners as part of the Sweet Pea parade activities.
(3) Noted that more and more people are taking advantage of the recycling program. She
forwarded her appreciation for how well City staff maintains the recycling areas. (4) Noted that
one of the items on the Cemetery Board's agenda is discussion about the hedge inside the
fence. She noted the importance of getting the irrigation system in place before the hedge is
planted.
(15) In response to Commissioner Rudberg, Commissioner Youngman gave a report
. on the Recreation and Park Advisory Board meeting held last week. She noted that the
discussion on parking on the grass was discussed at length, stating that the situation has been
greatly improved with the locked gates and supervised gates during Farmers Market and band
concerts. She stated that some of the board members indicated that they feel the benefit
which these activities provide to the community is worth the stress on the grass. She also
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noted that the discussion expanded to include hockey activities in the pavilion, which was
originally designed for the Farmers Market and hockey program. She then noted that Rose
Park, while it might be an alternative site in the future, is not a viable solution at this time.
Further responding to Commissioner Rudberg, Commissioner Youngman stated that she
. did talk to the Board about the trails issues; and Mrs. Vellinga is to be contacting her in the
near future to talk about the possibility of creating a broad-based committee to consider the
various facets of trail use.
Adjournment - 5:50 p.m.
There being no further business to come before the Commission at this time, it was
moved by Commissioner Frost, seconded by Commissioner Youngman, that the meeting be
adjourned. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Frost, Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg
and Mayor Stiff; those voting No, none.
.
ATTEST:
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ROBIN L. SUttt\lA._>=:,
Clerk of tRe CO:~f!'tsSfuri
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08-10-98