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HomeMy WebLinkAbout1997-07-28 Minutes, City Commission ~'-'_.. MINUTES OF THE WORK SESSION/AGENDA MEETING/SPECIAL MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA July 28, 1997 ***************************** . The Commission of the City of Bozeman met in work session, agenda meeting and special meeting in the Commission Room, Municipal Building, July 28, 1997, at 3:00 p.m. Present were Mayor Stueck, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman, City Manager Johnson, City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Signing of Notice of SDecial Meetina Each of the Commissioners, in turn, signed the Notice of Special Meeting. I Continued Dublic hearinq - variances from Sections 18.50.030.D.1.. 18.50.030.D.2.. 18.50.110.B.1. and 18.52.030.D.1.a. to allow development of the Ponds Row housina Droiect concurrently with installation of infrastructure imDrovements - Bozeman Interfaith Housing II CC-9716) This was the time and place set for the continued public hearing on variances from Sections 18.50.030.0.1., 18.50.030.D.2., 18.50.110.B.1. and 18.52.030.0.1.a. of the Bozeman Municipal Code, as requested by Bozeman Interfaith Housing II, under Application No. C-9716, to allow development of the Ponds Row housing project concurrently with the installation of infrastructure improvements. The subject property is located along the south side of West Babcock Street, just east of Fowler Avenue. Mayor Stueck reopened the continued public hearing. Assistant Planner Chris Saunders presented the staff report. He stated that the . subdivision for the Bozeman Interfaith Housing II housing project is located along the south side of West Babcock Street, with the eastward extension of Ravalli Street providing a second access to the site. He stated that the Development Review Committee has approved a minor site plan for the construction of ten dwelling units and on-site amenities. The applicant is seeking these variances to the zone code to allow for construction of the dwelling units 07-28-97 - 2 - concurrently with the installation of the infrastructure improvements and filing of the final plat for the subdivision. The Assistant Planner noted that, included in the Commissioners' packets, is the applicant's application, in which the justification for the variances is forwarded. . The Assistant Planner stated that staff has reviewed this application in light of the three criteria established by the Montana Supreme Court and as set forth in the Bozeman Municipal Code. He noted that the staff's comprehensive findings are contained in the written staff report, which was previously distributed to the Commission. He briefly highlighted those findings, stating that staff was unable to identify any unique characteristic of the property which would create an unnecessary hardship if the zone code were literally enforced. Because of that, staff is unable to support the requested variance. Assistant Planner Saunders stated that, in light of questions raised at last week's meeting, copies of the comments from Fire Marshal Winn and City Engineer Brawner have been included in this week's packet for Commission consideration. He then indicated that, to date, no public comment has been received in support of or in opposition to the requested variances. I Mr. Mike Popiel, Construction Management Services, stated he is responsible for the construction of this project. He stated that, while Phase I contains ten dwelling units, the Bozeman Interfaith Housing II project contains twenty dwelling units, and all of those units are necessary to make this a financially viable project. Mr. Popiel stressed that they are not seeking any waivers from the subdivision requirements. He stated, rather, it is a matter of timing. He stated that he anticipates all of the infrastructure improvements will be completed by the end of August, except possibly for the asphalt paving of the roadway. He stated that at that time, they would like to begin construction of the dwelling units. He noted, however, that completion of the final plat and all of the attendant paperwork takes time, and under the code, a building permit will not be . issued until the final plat is filed. He stated that, because of the nature of this project and the fact that it is being constructed by a non-profit organization which is incurring a shortage of funds, that delay could be detrimental to the success of this project. He stated that under these requested variances, the applicant wishes to begin construction of the dwelling units after the infrastructure improvements have been installed but before the final plat has been 07-28-97 - 3 - filed. He encouraged the Commission to approve the requested variances, in light of the hardships that could be created by a delay in the construction of these affordable housing units. Rev. Glover Wagner, President of Bozeman Interfaith Housing, characterized these variances as being greatly in the public interest. He stated that 21 churches and hundreds of individuals have given over $100,000 for this project. He noted that maintaining the public . trust by creating a viable project is extremely important, particularly if future contributions are sought for additional affordable units. He noted that Bozeman Interfaith Housing has received a $460,000 grant from the Department of Commerce and a $280,000 grant from the Board of Housing, although its Community Development Block Grant application was not funded. He noted that a second application for the CDBG monies will probably be filed this fall, in an effort to secure that source of financing for the project as well. Rev. Wagner stated that with success in the development of the first ten units in this complex, the second portion of the project will be easier than if they encounter problems in the first phase. He suggested that, given the large number of people involved in this project, extenuating circumstances exist and should be taken into consideration. I Rev. Wagner recognized that the Commission may not be able to support granting of the variances requested. He asked, however, that the City attempt to identify some way in which it can work with this non-profit group to allow the project to move forward, with them being allowed to break ground for the dwelling unit after the infrastructure improvements have been installed and while the final plat is being processed. He noted that if the infrastructure improvements are completed by the end of August and if they are allowed to begin construction on the dwelling units shortly thereafter, at least the shells should be completed by the time bad weather sets in. He noted, however, that if they are required to wait until after the final plat has been filed to obtain a building permit, they will be unable to construct those units until next year. He expressed concern that such a delay could seriously jeopardize the second phase of the project. e Rev. Wagner noted that no public comment has been received as of this meeting. He suggested that is because this is a volunteer effort with broad based support, rather than a for- profit business venture. Commissioner Frost stated he feels the City was remiss by not updating the needs assessment, which could have led to not approving the Community Development Block Grant 07-28-97 - 4 - application for this project. He then asked how the City could help to alleviate the timing problems being encountered if these requested variances are not approved. Mr. Mike Popiel stated that when taking this request at face value, he agrees with staff's assessment that the variances cannot be supported. He stressed that, while the _ applicant plans to fully comply with all of the conditions of subdivision and annexation, it is a matter of timing. He stated the applicant needs the road improvements so access can be gained to the site, and the applicant is not willing to assume the liability that might be connected with beginning to construct the dwelling units without the infrastructure improvements being in place. However, once those improvements are in, the applicant would like to begin construction. He noted that under the best case scenario, the infrastructure improvements should be completed by the end of August, and under the worst scenario, they will be completed in November. He recognized that with the worst case scenario, construction of the dwelling units would be on hold until next spring, but if the improvements are completed while the weather is till good, they would like to take advantage of the remaining good weather. He stated that the biggest problem in completing the improvements will be getting I a paver to lay the asphalt, stating that the water, sewer, curb, gutter and sidewalks would all be installed before the street is paved. Mayor Stueck stated that the only part of the variance that might be needed is obtaining a building permit before the final plat is filed. Responding to questions from Mr. Popiel, Mayor Stueck stated that in the past, the City has issued a foundation permit to allow excavation and the pouring of footings and foundation before the infrastructure improvements have been totally completed. He also noted that the application for the building permit may be submitted before the infrastructure improvements have been completed, although the building permit will not be issued until all requirements have been fulfilled. He stressed that no construction involving burnable materials would be allowed until after the infrastructure improvements have been installed and accepted _ by the City. Responding to questions from Mayor Stueck, Mr. Popiel confirmed that under the buy/sell agreement for this subject property, the applicant is required to have a certain amount of work completed by a certain date to retain the right to purchase the property. Further responding to the Mayor, Mr. Popiel stated he would need to talk to the 07-28-97 ----- ....-- - 5 - attorney for Bozeman Interfaith Housing about their willingness to sign a hold harmless agreement, similar to the condition recently imposed on the Montessori school. Responding to Mayor Stueck, Fire Marshal Chuck Winn stated the Fire Department is opposed to construction with combustible materials where water is not available. He noted . that in this instance, the closest fire hydrant is 950 feet from the site, and none of the fire trucks carries enough hose to reach that far. He then indicated he has no problem with the variance as requested, since water would be readily available before construction with combustible materials begins. No one was present to speak in opposition to the requested variances. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. Commissioner Frost stated he could support the requested variances, provided combustibles are not allowed before the infrastructure improvements are installed and accepted and provided the applicant signs a hold harmless agreement. Assistant Planner Saunders suggested that if the Commission requires that the water improvements be installed before construction is allowed, two of the requested variances may I not be necessary. Mayor Stueck stated his interest in allowing construction to begin six to eight weeks earlier than it could under the standard process. He stressed, however, that water and sewer services must be provided to the site before any construction with combustible materials may begin. He also noted that curb, gutter and sidewalk must be installed, although he feels that a delay in paving should not necessarily result in a delay in construction. Responding to Mayor Stueck, City Engineer Brawner stated that the plans for the infrastructure improvements have been reviewed and approved. He noted that during the discussions, references have been made to infrastructure improvements as well as individual infrastructure improvements. He addressed the installation of water and sewer lines, noting that if the lines are installed as designed and no problems arise, then the testing and approval _ of the lines will take only a few days. He stated that much of the testing process is conducted by the engineer for the developer and is considered a part of the construction, including pressure testing the water and sewer lines and TVing the sewer line. He noted that City staff's responsibility is to conduct a walk-through of the improvements, verify the testing results and ensure that no problems exist with the infrastructure improvements as installed. He stressed 07-28-97 - 6 - that for projects where no problems exist, that inspection and approval can be completed in just a few days, although it can take much longer when problems have been identified and need to be remedied before approval can be granted. In response to several questions from the Commission, staff requested a five-minute " break to discuss some of the issues. Break - 3:30 to 3:40 D.m. Mayor Stueck declared a break from 3:30 p.m. to 3:40 p.m. to allow staff an opportunity to discuss the issues and develop proposed conditions for possible approval of the requested variances. Continued Dublic hearing (continued) - variances from Sections 18.50.030.D.1.. 18.50.030.D.2.. 18.50.110.B.1. and 18.52.030.D.1.a. to allow develoDment of the Ponds Row housing proiect concurrentlv with installation of infrastructure imDrovements - Bozeman Interfaith Housina II (C-9716) Following discussion, Mayor Stueck yielded the gavel to Commissioner Rudberg for the purpose of making the motion. e It was moved by Commissioner Stueck, seconded by Commissioner Stiff, that the Commission approve the variances from Sections 18.50.030.D.1.. 18.50.030.D.2., 18.50.110.B.1. and 18.52.030.D.1.a. of the Bozeman Municipal Code, as requested by Bozeman Interfaith Housing II. under Application No. C-9716, to allow development of the Ponds Row housing project concurrently with the installation of infrastructure improvements, subject to the following conditions: 1. That the applicant may obtain only a limited building permit ("foundation only" permit) prior to completion of all infrastructure improvements. 2. That the applicant may obtain a full building permit only after the water and sewer infrastructure, street gravel courses, curb, gutter and sidewalks have been installed and accepted. - 3. That the applicant not obtain an occupancy permit until after all improvements, including the asphalt paving, have been installed and accepted or, in the case of paving, a financial guarantee acceptable to the City has been posted, and the final plat has been filed. 4. That the applicant shall execute a hold harmless agreement acceptable to the City. 07-28-97 .-.----...-..-..--.------.-.--.. - 7 - The motion carried by the following Aye and No vote: those voting Aye being Commissioner (Mayor) Stueck, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Commissioner Rudberg; those voting No, none. Commissioner Rudberg returned the gavel to Mayor Stueck. " Continued public hearing - variance from Section 16.26.060 to allow development of the Ponds Row housina Droiect concurrentlv with installation of infrastructure imDrovements - Bozeman Interfaith Housina II (C-9716) This was the time and place set for the continued public hearing on a variance from Section 16.26.060 of the Bozeman Municipal Code, as requested by Bozeman Interfaith Housing II, under Application No. C-9716, to allow the development of the Ponds Row housing project concurrently with the installation of the infrastructure improvements. The subject property is located along the south side of West Babcock Street, just east of Fowler Avenue. Mayor Stueck reopened the continued public hearing. Assistant Planner Saunders stated that the staff report submitted in the previous agenda item applies to this agenda item as well. He then indicated he has nothing to add at e this time. Mr. Mike Popiel, representing the applicant, stated he has nothing to add at this time. City Attorney Luwe suggested that the Commission impose the same conditions on approval of this variance as it did on the previous variances if they choose act favorably. No one was present to speak in support of or in opposition to the requested variance. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission approve the variance from Section 16.26.060 of the Bozeman Municipal Code, as requested by Bozeman Interfaith Housing II, under Application No. C-9716, to allow the development of the Ponds Row housing project concurrently with the installation of the infrastructure improvements, subject to the following conditions: 1 . That the applicant may obtain only a limited building permit - ("foundation only" permit) prior to completion of all infrastructure improvements. 2. That the applicant may obtain a full building permit only after the water and sewer infrastructure, street gravel courses, curb, gutter and sidewalks have been installed and accepted. 3. That the applicant not obtain an occupancy permit until after all improvements, including the asphalt paving, have been installed and 07-28-97 - 8 - accepted or, in the case of paving, a financial guarantee acceptable to the City has been posted, and the final plat has been filed. 4. That the applicant shall execute a hold harmless agreement acceptable to the City. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor _ Stueck; those voting No, none, Consent Items Acting City Manager Brey presented to the Commission the following Consent Items. Reauest for oermission to conduct tow truck oarade - Saturday, Auaust 2, 10:00 a.m. (immediatelv following Sweet Pea oarade) w Montana Tow Truck Association ADplication for Beer and Wine License - Bozeman Casino, Inc., dba Maaic Diamond Casino of Bozeman, 1615 West main Street ~ Calendar Year 1997 Authorize Mayor to sign - offer to ourchase reolacement site for City administrative offices Claims I It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none. Aaenda Meetina - for regular meeting and oublic hearings to be held on August 4, 1997 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 e included in the Commissioners' packets, (4) Assistant Planner Chris Saunders stated he has received a letter withdrawing this application, noting the applicant now plans to prepare the final plat for Phase II as originally approved. He noted that a copy of this letter will be included in the Commissioners' packets for next week's meeting. 07-28-97 -- -- --- ----.- -.-------- --...-- - ------ - 9 - ( 5-7) Assistant Planning Director Debbie Arkell presented the staff report. She noted that, distributed just prior to the meeting, were an eight-page memo from Planning Staff, dated July 28, listing 23 questions from Commission members and the staff responses, and a two- page executive summary of the fiscal impact analysis along with a nine-page analysis. ~ Responding to the Assistant Planning Director, Mayor Stueck stated that the Commissioners should have time to individually review the information. Responding to Commissioner Frost, the Assistant Planning Director stated that most of the planners will be attending a planning conference later this week. She noted, however, that they will be back in the office on Friday afternoon and could respond on Monday to any questions which had been submitted by Commissioners during their absence. Responding to Commissioner Stiff, Planning Director Epple stated that he has not spoken with the applicants about the new proposed conditions for approval. He noted, however, it is his understanding that the applicants' consulting engineer is talking to owners of the other large annexation proposals in the immediate area in an effort to coordinate efforts to address the Durston Road issue. e Further responding to Commissioner Stiff, the Planning Director recognized that the Commission may not be prepared to make a decision on this issue on Monday afternoon. He then reminded the Commissioners that if they are not comfortable with making a decision at that time, they can delay it to another time. Following discussion, the Commissioners determined that discussion with the applicants' representatives would probably be in everyone's best interests. As a result, the Commission indicated its intent to reopen the public hearings on all three of these items at next week's meeting. City Attorney Luwe stated that the Clerk of the Commission will advertise the reopening of the public hearings in the newspaper later this week, so the public is aware that additional comment will be received at Monday's meeting. e Responding to questions from Commissioner Stiff, Planning Director Eppie stated that anyone who engages in the construction of public infrastructure is required to provide appropriate bonds and financial securities. He then stressed that the only item being offered over and above what is typically required of any developer is that in this instance, the 07-28-97 ----..-..-----. -..-..-.-- - 10- infrastructure improvements are to be installed in conjunction with the annexation rather than in conjunction with the subdivision process. Commissioner Stiff recalled the Valley Unit annexation and subdivision, noting that when it was annexed, it was presented as a "big field of daisies"; however, those flowers soon withered with an economic downturn, and it has taken a long time for that subdivision and the _ City to recover. He recognized that the subdivision has now become a viable part of the community, but he does not want to encounter the same situation again. Assistant Planning Director Arkell cautioned that the suggestions to change the "R-3" zoning to "R-4" zoning and to expand the "B-1" zoned area are proposals for upward zoning and, therefore, cannot be considered under this application. She noted that if the proposals are to be considered, the entire review process must once again be undertaken. (9) City Attorney Luwe stated that the draft ordinance contained in the Commissioners' packets does not reflect any of the changes which will result from Staff Attorney Cooper's meetings with various groups and individuals over the past week. He indicated that all of the changes will be incorporated into the ordinance and forwarded in the I packet for next week's meeting. Responding to Mayor Stueck, the City Attorney stated that the general penalty for violations will apply to dogs off leashes, and that penalty is up to six months in jailor a $500 fine or both. Mayor Stueck noted that the Humane Society has a no kill policy. He then asked if that policy relates to animals picked up by the City, or whether the City has the option of requiring that an animal be euthanized after a specific amount of time if it is not adopted. Animal Control Officer Connie Lien noted that the City has a contract with the Humane Society, and suggested that such a provision could be a part of that contract. City Attorney Luwe stated he will have Staff Attorney Cooper review this issue and respond at next week's meeting. e Responding to Commissioner Youngman, City Attorney Luwe stated that the Commission may accept public comment at both meetings where adoption of the ordinance is being considered. Commissioner Youngman stated she feels this issue is important enough to the community to conduct a separate public hearing on it at a 7:00 p.m. session so that all of those 07-28-97 - 11 - who are interested may attend. She expressed concern that, given the fact that the revisions have not yet been incorporated into the ordinance that will be considered by the Commission next Monday, the public will not have an adequate opportunity to review the ordinance and provide comments on it. _ Commissioner Rudberg stated she has some questions about the ordinance which she plans to forward to Staff Attorney Cooper later this week. The City Attorney noted that staff has submitted the draft of the ordinance in this week's packets because it is staff's understanding that the Commission wanted to expedite the amendments as quickly as possible. Responding to City Manager Johnson, the Mayor stated that, after the public comment has been received at next week's meeting, the Commission can determine whether it wishes to conduct a public hearing prior to final adoption of the ordinance. ( 15) Project Planner Williams provided a brief overview of this application, noting that the proposed 38-square-foot freestanding sign will replace an existing 130-square~foot sign. e Responding to Commissioner Frost, the Project Planner noted that the automobile dealership immediately to the south is located on a separate lot from this business. He then noted that two separate businesses are located in the building on the subject site, and a freestanding sign for one of those businesses was recently approved on the lot where the automobile dealership is located. He stressed that under this application, neither business is proposing expansion. ( 16) Historic Preservation Planner Derek Strahn provided a brief overview, noting that under this application, a non-conforming structure will be expanded to include a second story. Responding to Commissioner Frost, the Planner stated that the entryway to most e homes is in the front and, particularly when it is not, he feels steps should be taken to ensure that the entry is readily identified. He noted that this can be easily accomplished by installing a small gable roof over the entryway. Further responding to Commissioner Frost, the Planner stated that railings around rear porches in this area are not very common, although they are typically found around front and side porches. 07-28-97 - 12 - Commissioner Rudberg asked if any privacy concerns have been raised in light of the second floor deck proposed on this site. The Planner responded that, to his knowledge, this has not been identified as a concern, but he will forward that question to Senior Planner Skelton for review prior to next week's meeting. e (171 The Historic Preservation Planner provided an overview, noting that it includes construction of a screened 10-foot by 10-foot porch at the rear of a condominium that is approximately one year old in a neighborhood conservation overlay district. He stated that, because this application does not meet the criteria set forth in the zone code, staff is unable to support the request. Commissioner Frost asked that the recommendation on the front page of the staff report be changed to accurately reflect the staff's recommendation. Commissioner Rudberg stated that she visited the subject site. She noted that a concrete patio currently exists, and the applicant simply wishes to screen it for protection from the bugs. She stressed that the structure is new and that there is no historic significance to e the site. The Historic Preservation Planner reviewed the purpose of a deviation, as set forth in the zone code, noting that it refers to historic structures and the historic fabric of the neighborhood. He stated that a new porch on a new house does not enhance the historic integrity of the area. He then suggested that a variance might be more appropriate than a deviation in this instance. ( 18) The Historic Preservation Planner briefly reviewed this application, noting that the issue of a home occupation enters into the consideration of this request. He stated that if the property owner chooses not to move into this home, then a conditional use permit must be sought to allow an office in a residential zone. He then noted that several different plans have been submitted for this proposed addition, and staff has indicated a desire to see a final _ plan for it. Commissioner Rudberg noted there are major parking problems in this neighborhood. Responding to Commissioner Frost, the Planner stated that to enlarge the porch would have resulted in another deviation, so the applicant chose not to pursue that idea. 07-28-97 -------.- . ...-.----.-.. .-. - 13 - ( 19) Associate Planner Dean Patterson provided an overview of the project, which includes demolition of the roof and south portion of the building and construction of a second story. He noted the subject property is triangular shaped, with East Davis Street, North Ida Avenue and North Plum Avenue bordering it; and the existing structure encroaches into the setbacks for all of those streets. He stressed that under this application, all construction will e be done within the footprints of the existing house and existing porches. (20) Associate Planner Patterson gave a brief overview, noting it involves the construction of a second dwelling unit on a single lot. He stated that several letters of opposition have been submitted, as well as the applicant's response to those comments. Mayor Stueck stated he is concerned about parking, particularly in light of the narrow alley adjacent to the property and the area for snow removal. He noted the whole area currently encounters parking problems, and he is concerned about the additional impacts of this proposal. The Associate Planner responded that the lack of parking in the winter is of concern to staff as well, noting that some of the recommended conditions are designed to address that e concern. Assistant Planner Jody Olsen reviewed this application, giving a brief overview (21 ) of the staff report. She noted that staff has reviewed the request and forwarded a recommendation for approval. Work Session - (A) Presentation of recommended Droiects for CTEP monies - Enhancement Steering Committee (A) Presentation of recommended projects for CTEP monies - Enhancement Steering Committee Neighborhood Coordinator/GrantspersonJames Goehrung stated that the Enhancement Steering Committee has accepted applications for projects to be funded through Community Transportation Enhancement Program (CTEP) monies, and has worked on the process for the _ past nine months. He noted that the Committee has completed its evaluation and ranking of the applications, and is now prepared to forward its recommendations to the Commission. The Neighborhood Coord i nator /G rantsperson noted that, included in the Commissioners' packets for this meeting, was his memo dated July 23, attached to which were the Committee's recommendations, along with the minutes from the July 15 meeting of 07-28-97 -----....-.--..- .- ..-.-.--.......-..-..------ .------.-- . _.....u_.._.... - 14 - the Enhancement Steering Committee, a copy of the committee rankings and a copy of the information sheet provided by the Montana Department of Transportation regarding the CTEP program status. He noted that slightly over $759,000 has been allocated to Bozeman under this program. To date, approximately $589,000 has been obligated for projects currently qualified with the Montana Department of Transportation and slightly under $170,000 in e funding remains to be obligated. He stated that, while no monies have been expended to date, the Highland Boulevard bicycle and pedestrian facility and the South Third Avenue bicycle path and pedestrian facility are currently under construction. He also noted that design work on the entryway corridor enhancement project and the Bozeman Ponds is currently underway. He stated that the City has exceeded the amount of monies that must be obligated by October of this year. He stressed, however, that the monies for all of the projects must be expended by October 1, 2001. The Neighborhood Coordinator/Grantsperson noted that the Enhancement Steering Committee considered the nine projects which were proposed and has forwarded the historic Main Street lighting project and the West Babcock Street pedestrian and bicycle improvements e as the top two projects, followed by the Bozeman area bike routes project and the historic Story Mill rehabilitation and spur trail enhancement project as alternatives. He stated that there are adequate monies to fund the top two projects. Mr. Bert Hopeman, Downtown Bozeman Association, noted that the Commissioners are familiar with the downtown improvement project, which includes historic lighting along Main Street. He noted that some pictures and samples of lights from thirty to forty years ago have been identified, and the idea is to reconstruct those lights. He indicated that MAKERS, which is the group preparing the urban renewal plan, will design a family of lights, based on the samples and pictures, which will be used to create a theme along Main Street that provides adequate lighting for all the different types of needs along that street corridor. Mr. Hopeman stated that the main concern about the existing light along Main Street _ is its safety. He noted that the existing lights are owned by Montana Power Company, and those light fixtures are becoming unsafe because the bases are rusting away. He reminded the Commission that recently the light next to First Security Bank blew over in a storm. He stated that Montana Power Company is interested in having the light fixtures replaced to eliminate a major safety hazard. He also noted that the proposed new lighting will enhance the 07-28-97 -------- .. -.----.------.- - - 15 - preservation of the downtown and help to retain its history and atmosphere. Mr. Hopeman stated that this project will also help to jump start the improvements to the downtown area that have been identified in the urban renewal plan. He noted that the tax increment financing monies are one funding source which has been identified for implementation of the plan; e however, he noted that once the costs of the plan have been paid, it will be at least two years before there is any money with which to begin projects. He also noted that the urban renewal plan has identified the need to identify private and public monies with which to augment the tax increment monies, and the CTEP monies is one such source. Mr. Bert Hopeman encouraged the Commissioners to accept the recommendations of the Enhancement Steering Committee and support this application for CTEP monies. He noted that this type of project has been discussed over the past ten years. He also noted that seeking CTEP monies to assist with the lighting project will result in enthusiasm for the urban renewal plan and encourage property owners to participate in improvements to the downtown area. Assistant Planner Chris Saunders, representing the City in cooperation with the County, e encouraged Commission support of the proposal to use CTEP monies for pedestrian and bicycle improvements along West Babcock Street. He noted that one of the primary purposes of the CTEP monies is to enhance public safety, and staff feels that this project would meet that purpose because the project would not only provide a safe place to get off the street, but will tie to several trail connections from Durston Road to the Bozeman Ponds and other locations in the western portion of the community. He then stated that the County has obligated $100,000 from its CTEP monies toward this project. Mrs. Anne Banks, member of the Recreation and Parks Advisory Board, stated the Board has forwarded its support for the proposal to install pedestrian and bicycle facilities along West Babcock Street. She noted that, as the Assistant Planner pointed out, this facility will provide an important trail connection for the many recreational opportunities in that portion of e the community, including the West Babcock Park and the Bozeman Ponds. Historic Preservation Officer Derek Strahn forwarded the Historic Preservation Advisory Board's support of the proposed project for historic lighting along Main Street. He stated that, in addition to addressing the safety concerns that exist with the current lighting fixtures and highlighting the historic character and identity of the community, this type of historic 07-28-97 - 16 - preservation proposal "makes dollars and cents" because, in reality, it will enhance the economics of the community by attracting people. He noted that this benefit will be to the entire community, including motels and restaurants as people remain in the area to visit the downtown area. e Mr. Elmer Piippo, 1215 West Durston Road, read into the record a lener dated July 24. _ in which he asked the Commission to favorably consider funding of the "Durston Road crosswalk project" from this source. He expressed concern about the hazards that residents from Legion Villa, the Gallatin County Rest Home and the Love Children's Day Care Center encounter when they try to cross the street and requested that traffic signals be installed to allow for the safe crossing of the wheelchair bound as well as ambulatory residents. Mr. Larry Watson, Grants Administrator for Gallatin County, encouraged Commission consideration of the West Babcock Street pedestrian and bicycle facilities, noting that these facilities will serve a rapidly growing segment of the community. He stated that this project will accomplish several key issues relating to transportation needs and trail links. He suggested that, with these facilities in place, people may find walking or bicycling to work an attractive e alternative to driving. Mr. Watson stated that the County has committed approximately $100,000 in CTEP monies toward this project. He noted that the County currently has approximately $117,000 to $118,000 to be allocated. He cautioned, however, that the estimated costs of some of the projects for which funding have already been approved are two years old, so the costs will probably be higher than originally anticipated. He stated that this will reduce the amount of monies available for commitment to this project. He assured the Commission that the County Commission will obligate as many of their CTEP funds as possible toward this project. Mr. Keith Swenson, Downtown Bozeman Association and the Downtown Bozeman Improvement District Board, addressed the safety of lighting in the downtown area, noting that e the rusting bases is one aspect of that. He stated that a broader issue is proper illumination for the various types of needs in the downtown area, including the intersections and the pedestrian corridor. He recognized that supplemental illumination may be needed at the intersections. Mr. Swenson noted that the Enhancement Steering Committee ranked this project as No.1, by a very significant margin. He also stated that a significant number of people attended 07-28-97 __.__n_.__..on ._ . ..---.....-- - 17 - this work session in support of the project, reflecting the amount of community support this proposal has generated. He noted that a review ot the projects for which monies have been obligated to date reflects that the CTEP monies are being "sprinkled around the periphery" to resolve some very serious problems. He asked that the Commission now give favorable e consideration to obligating some of those monies to the vital pedestrian corridor in the downtown area. Responding to questions from Mayor Stueck, Neighborhood Coordinator/Grantsperson James Goehrung stated he is unsure how much of the property along the north side of Durston Road is in the County. Mayor Stueck then stated that at last week's Transportation Coordinating Committee, a substantial amount of discussion revolved around the acquisition of right-ot-way for West Babcock Street and the length of time that such acquisition might take. He noted that the acquisition of right-of-way must be completed before ISTEA monies can be expended, and he is concerned about whether the right-of-way will be acquired in time for the West Babcock Street project to become viable under this funding source. He suggested it might be e appropriate to identify an alternative project that can be moved forward on the priority list to ensure the City can meet the deadlines for obligating and expending the CTEP monies. Neighborhood Coordinator/Grantsperson Goehrung stated that CTEP monies can be used for the acquisition of right-of-way, however, that triggers a complete set of issues and procedures that must be followed. Mayor Stueck stated that he wholeheartedly supports the Main Street lighting as the top priority item. He suggested, however, that $15,000 be taken from what has been proposed for the West Babcock Street pedestrian and bicycle facilities and set aside as seed monies for signage for bicycle routes. He noted that the Bozeman Area Bicycle Advisory Board has worked diligently to implement a bicycle route in response to the Commission's direction approximately a year ago, and he feels that setting aside monies for signage to implement a e portion of their recommendation would be in everyone's best interests. Mayor Stueck stated he is glad to hear the County has obligated some of its CTEP monies toward the West Babcock Street improvements, stating he feels that with $85,000 from the City and $100,000 from the County, adequate monies will be available for that project, provide the right-of-way issues can be resolved in a timely manner. 07-28-97 . -- - 18 - Commissioner Frost suggested that the Commission select two projects and a third as an alternative. He suggested that this could speed up the process of getting the alternative project into the funding stream so that these monies are not lost. Neighborhood Coordinator/Grantsperson James Goehrung stated that quite a bit of II flexibility accompanies this program. He noted that a community may substitute one project for another if problems are encountered or if priorities change. He then stated that the Commission may choose an alternate project at this time if it wishes, or it may wait to choose that project at a later date if it becomes obvious that the West Babcock Street project cannot be undertaken with this source of funding. Responding to Commissioner Rudberg, the Neighborhood Coordinator/Grantsperson stated the next step is for the Commission to direct staff to prepare an application. Once that application is completed, the Commission will then conduct a public hearing on the application before its submittal to the State for consideration. Further responding to Commissioner Rudberg, the Neighborhood Coordinator/ Grantsperson stated that a copy of the proposals is available for review in the Clerk of the e Commission's olfice. Commissioner Rudberg then stated that she supports the proposal for the lighting along Main Street and Mayor Stueck's suggestion to set aside monies for signs along the designated bicycle routes. Responding to questions from Commissioner Stiff, Mr. Keith Swenson stated he has talked to Mr. Mike Reichman at Montana Power Company about the replacement of the lights along Main Street, and it appears that they may be willing to contribute toward the project. Mayor Stueck requested that Commission action on this recommendation from the Enhancement Steering Committee be placed on next week's agenda. Discussion - FYI Items e City Manager Johnson presented to the Commission the following "For Your Information" items. (1 ) Letter from the Government Finance Officers Association, dated July 7, announcing that the City of Bozeman has received the Distinguished Budget Presentation Award for Fiscal Year 1997. 07-28-97 - 19 - (2) Note forwarding comments from a telephone call received on July 23 from a concerned resident encouraging the Commission to enact an animal control ordinance "with teeth in it". (3) Letter from Lanette Perkins (Walker), dated July 17, supporting the retention e and maintenance of the Old Catholic Cemetery in its present location on North 7th Avenue. (4) Letter from Gene E. Cook, stating support for the proposed construction of a new Safeway store south of Wal-Mart. (5 ) Letter from the Montana Department of Commerce, dated July 16, forwarding a Request for Proposals announcement from Volunteer Montana! (6) Letter from the Montana River Action Network, dated July 23, requesting a regulatory change in the Gallatin County Regulations regarding septic system placement. (7) Notice of the Cemetery Board meeting to be held at 8:00 a.m. on Friday, August 1, in the Commission Room. (8) Copy of the proposed Draft Impact Fee Capital Improvement Program, as submitted by Assistant Planner Chris Saunders. e (9) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, July 29, in the Commission Room. (10) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, July 29, at the Courthouse. (11 ) Minutes of regular meeting of the Montana Transportation Commission, held in Red Lodge on May 14 and 15, and telephone meeting held on June 3, 1997. Commissioner Frost noted that former City Manager Wysocki highlighted those areas of the minutes pertaining to Bozeman, and asked that City Manager Johnson do so. (12) City Manager Johnson submitted his weekly report, as follows. (1) Spoke to the Exchange Club again today. (2) Attended the Transportation Coordinating Committee e meeting on Wednesday. (3) Attended one the Downtown Bozeman Association meetings regarding downtown street lighting. (4) Attended the City-County Cooperative meeting on Wednesday. (5) Met with former Commissioner Mary Vant Hull, noting that she gave him the copy of the sign pertaining to cleaning up after dogs which he has posted on the board. (6) Worked on the offer for the Chronicle Building which was included on today's agenda. 07-28-97 - 20 - (7) Attended a meeting at MSU with Director of Public Service Forbes and City Engineer Brawner to discuss sewer issues in the area. (13) City Attorney Luwe submitted the following. (1) Announced that the show cause hearing on the temporary restraining order filed by the Hide-A-Way Lounge against the e Magic Diamond Casino, which also named the City, was held on Friday. Following that hearing, the Judge dissolved the order and vacated the show cause hearing that had been scheduled. He noted that, in light of that action, the application for the beer and wine license for the Magic Diamond Casino was added to the consent items, and was approved earlier in this meeting. (2) Stated that, in light of today's discussions, he will prepare a memo to the Commissioners regarding the closing of public hearings and accepting public comment after closure of the hearing. (14) Assistant City Manager Brey submitted the following. (1) Stated that he and Staff Attorney Tim Cooper met with a representative from the Gallatin Valley Land Trust regarding the trail along the Montana Rail Link right-of-way. He noted there are a couple outstanding issues remaining, but progress is being made. (2) Announced that the last e negotiating meeting has been held with mid-management and it is anticipated that the negotiations will be completed this week. (3) Stated that staff threw a nice "going away" party for him last week. He noted, "I'm very appreciative, but I'm not going anywhere". ( 15) Commissioner Frost stated that he attended the presentation by MAKERS last Wednesday night. (2) Stated that when he encounters someone not curbing a dog, he approaches them and gently reminds them to do so. He also noted that he carries an extra pooper scooper and offers it to them. He stated that, to date, he has not encountered any hostility and suggested that this approach as well as signage to educate the public may help to slow the problems being encountered. He then forwarded his interest in seeing a substantial fine, possibly a $100.00 minimum, established to ensure greater compliance. e ( 16) Commissioner Youngman gave a brief background on the new Library Director, stressing that her qualifications, skills and strengths seem to fit the needs of the Library very well. ( 17) Commissioner Rudberg stated she has talked to City Manager Johnson about the possibility of reducing the amount of paper in the packets each week. She suggested that, for those items which are not time sensitive, a routing slip checked off by each Commissioner 07-28-97 --- -. .. -.---- - - - --- ......__._n___ ------.-...- - 21 - may be more appropriate. She suggested that this approach could also be used for consent items, rather than the support information for each of those items being included in the packets. She recognized that each Commissioner would need to plan on spending an hour in City Hall each week to review this information, but she feels the reduction in paper would be worth it. e Mayor Stueck noted it is important for the Commissioners to receive copies of the important items and asked who is responsible for making the determination on what is important. City Manager Johnson asked if it would be appropriate to begin the use of routing slips this week; the Commission concurred it would be acceptable. (18) Mayor Stueck submitted the following. (1) Stated that approval of the City- County Health Department budget is included under the consent items for next week's meeting. He noted that under the interlocal agreement, the City is to forward its approval of the budget prior to the County Commission adopting it. (2) Stated that the new fence at the cemetery has been cut in two places. (3) Attended a barbecue for the president of the Wally Byam Caravan e Club International and his wife. He stated they seem to be very impressed with the community. (4) Attended the picnic at MSU President Malone's house this weekend. (5) Attended the Exchange Club meeting today. (6) Stated the South Third Avenue project is moving forward. He noted that some members of the public are unhappy about the inconvenience they are encountering because of the construction, but they want the improvements that will result. Adjournment - 5:55 D.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 e Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. 07-28-97 .._ __".___.______. _______________._.___n . _._-,,----------- -----.-- - 22 - ( ~ L/f~ DON E. STUECK, Mayor ATTEST: e G1L;/~ ROBIN L. SULLIVAN Clerk of the Commission e e 07-28-97