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HomeMy WebLinkAbout1997-06-30 Minutes, City Commission MINUTES OF THE WORK SESSION/AGENDA MEETING/SPECIAL MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA June 30, 1997 ***************************** . The Commission of the City of Bozeman met in work session/agenda meeting/special meeting in the Commission Room, Municipal Building, June 30, 1997/ at 3:00 p.m. Present were Mayor Stueck, Commissioner Stiff, Commissioner Frost, Commissioner Youngman, Acting 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. Authorize absence of Commissioner Rudbera from this meetina. in comDliance with Section 7-3-4322(2), M.C.A. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the absence of Commissioner Rudberg from this meeting be authorized in compliance with Section . 7-3-4322(2), M.C.A. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No, none. Agenda Meeting - for reaular meeting and public hearinas to be held on Julv 7. 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 included in the Commissioners' packets. (6) Assistant Planning Director Debbie Arkell stated the public hearing before the Planning Board will be held tomorrow night. She said that under the subdivision regulations, . the setback between manufactured homes is 25 feet; under this request, the applicant is seeking a 16~foot distance between double wide manufactured homes with attached garages. She noted that the applicant is also seeking 1 5-foot setbacks from the perimeters on the east and west. She noted that staff is supporting partial approval of the requested variances, and the Planning Board recommendations will be forwarded in next week's packet. 06-30~97 __n...__ - 2 - Responding to Mayor Stueck, the Assistant Planning Director stated that in a mobile home court, there are no surveyed lot lines; and distances are measured between homes instead of being identified as setbacks from lot lines. (7) Acting City Manager Brey stated that staff is recommending the Commission order U Haul and Cats Paw to install curb and gutter along West Aspen Street. He stated this is in . conjunction with the improvements required for Mr. T's to construct its new facility, and will provide for a coordinated effort to upgrade this street. Responding to Mayor Stueck, City Engineer Brawner stated that sidewalks will be required along Mr. T's property but are not required along the U Haul or Cats Paw property. He noted that installation of the curb and gutter will ensure that an effective storm drainage system is provided in conjunction with the street improvements. Further responding to Mayor Stueck, the City Engineer stated that parking along the north end of the Cats Paw building will no longer occur with the curb and gutter improvements because there is not adequate space. He noted, however, that on-street parallel parking would be allowed. He then confirmed that the estimated cost is $1,700 each for U Haul and Cats . Paw. Responding to Commissioner Stiff, the City Engineer stated that U Haul has indicated its intent to redo its parking lot completely, and that might be an appropriate time to install sidewalks. He noted that, until the grade of the improvements on the property and the improved street are known, it is difficult to require sidewalks. Responding to Mayor Stueck, Engineering Assistant Andy Kerr stated that the consulting engineer has contacted Cats Paw, but they have not volunteered to install the requested improvements. (12 and 13) Acting City Manager Brey reminded the Commission that they had conducted a public hearing on these requested tax breaks a few weeks ago. He noted that the applications are now split and reflect revised figures, and new public hearings are required. He . then indicated that, since these requests have been previously considered and since no opposition was submitted, staff will prepare resolutions for Commission consideration immediately following the public hearings. (14) Historic Preservation Planner Strahn reminded the Commission that they had previously considered this application but, because the height of the building has been 06-30-97 ---...-.- - 3 - increased, thus intensifying the deviation, it has been determined that a new public hearing must be held. He then indicated that Planning Director Epple will forward the staff report at next week's meeting since he will be out of town. ( 15) Associate Planner Dean Patterson reviewed this application to allow construction of a second story on a home which encroaches into the front yard setback and enlarge the . existing porch, which also encroaches into the front yard. He noted that neither of these improvements will result in any greater encroachment, although they will enlarge existing encroachments. He noted that the applicant has proposed the use of metal roofing and metal siding, and staff has recommended that those be changed since metal is not an existing element on this site or in the immediate neighborhood. He stated the applicant has agreed to use asphalt shingles and ensure that any metal siding used will blend with the existing siding. (16) Assistant Planner Chris Saunders reviewed the variances requested in conjunction with a conditional use permit, to allow the installation of infrastructure improvements simultaneously with construction of a private elementary school. He stressed that, at the present time, water, sewer and street improvements to the site do not exist. He gave a brief . overview of the Planning Board's recommendations, stating that while no real issues were identified in conjunction with approval of the conditional use permit, the requested variances generated discussion. The Assistant Planner noted that the building permit review process is being conducted simultaneously with the conditional use permit process. He noted that the plans submitted for building permit review are slightly different from those submitted for the conditional use permit review, but they represent responses to staff concerns and are not significantly different. Mayor Stueck asked that issues raised in the June 16 letter from Doren L.L.C. be clarified. He noted that reference is made to the precedent set for the Sacajawea Middle School; however, that situation was significantly different from this situation. He noted that the street improvements were already in place to the site and water and sewer services were . extended to the site, although they needed to be looped. Responding to Acting City Manager Brey, Assistant Planner Saunders stated that the Planning Board did consider the three criteria for variances when it reviewed that portion of this application. 06-30-97 - 4 - Planning Director Epple noted that during its review, the Planning Board determined that schools are in a unique situation because of the timeframe involved and, because of that unique aspect of the application, forwarded its recommendation for approval. Responding to Commissioner Youngman, City Attorney Luwe stated that case law, which is based on State statute, is very specific in its requirement that variances be considered . in light of conditions unique to the property. (17) Assistant Planning Director Debbie Arkell gave a brief overview, stating that a portion of the property, but not all of it, lies within the urban growth area and the sewer service boundary. She characterized the requested annexation as being in three parts, with Area 1 being that portion of the property lying between Ferguson Avenue and Cottonwood Road. She stated that area is located inside the urban growth area and partially within the sewer service boundary, noting that staff has recommended approval of this portion of the application. She noted that Area 2 includes a rectangular portion of the site lying between US Highway 191 and Durston Road, west of Ferguson Road, and stated that it is not within the urban growth area boundary but is within the new sewer service boundary. She indicated that this area includes . a majority of the proposed Bronken Park, and staff can support this portion of the annexation. She stated that Area 3 lies along the south side of Durston Road, contains approximately 62 acres and is located outside both the sewer service boundary and the urban growth area. She noted that a small portion of Bronken Park lies in this area and, while staff can support the annexation of that part which has been identified as Bronken Park, it cannot support annexation of the remainder of this area. The Assistant Planning Director stated that the staff's recommendation for approval includes fourteen conditions, the first of which requires that infrastructure, including the major roads, water and sewer lines, be installed before any application for subdivision may be submitted. She stated this is based on the applicants volunteering to install these improvements before subdivision. . Responding to Commissioner Frost, the Assistant Planning Director stated that Cottonwood Road is designated as an arterial and is proposed to be a four-lane road at some time in the future. She noted that Durston is designated as a collector, and the City is obtaining a SO-foot right-of-way for that roadway. She stated that staff has recommended that 06-30-97 ._~-_... ---------- - 5 - Durston Road, west from North 19th Avenue, be improved through an areawide SID which includes the property which is under consideration in this application. Further responding to Commissioner Frost, the Assistant Planning Director stated that improvements to the water distribution network at Billion Plaza must be completed by the owner of that development. . Responding to Commissioner Stiff, Assistant Planner Arkell noted that the Commission must approve the annexation agreement before it is executed. She noted that the conditions for approval of the annexation set the ground rules for that agreement, and the language for the annexation agreement will be established at a later date. (18 and 19) Assistant Planner Debbie Arkell gave a brief overview of these applications, which will provide for urban zoning designations on the property considered in the previous application. She stated that all but 40 acres of the property is already zoned for urban development, under Phase II of the Valley Unit Subdivision. Under these applications, the mix of residential and commercial zoning designations is to be changed slightly. She noted that staff is recommending a "BP" zoning along the north side of US Highway 191 instead of the . requested "B-2" zoning, to ensure that commercial development along that corridor remains compatible with the existing commercial development. The Assistant Planner stated that the Director of Public Service has suggested the Commission consider revision to the urban growth area for the entire community, rather than addressing it on a piecemeal basis. He has also suggested that revision of the sewer service boundary be based on the updated facilities plan, rather than taking action at this time. Responding to questions from Commissioner Frost, the Assistant Planning Director stated that, with construction of the new Cottonwood Trunk Main, there should be adequate capacity between the subject property and the Wastewater Treatment Plant. She then stated that no letters of opposition have been received to these applications. Planning Director Epple noted that a letter was received from Dr. Nollmeyer in response . to the proposed gravel pit at the west end of the subject property. He noted that the letter raises a concern about how the proposed gravel pit might impact the water table on his property, which is sub-irrigated and used for agricultural purposes. He stated that the Department of State lands will take those environmental concerns into consideration as it processes the application. 06-30-97 ----..----.-..- .. -- ---.---.--- - 6 - The Assistant Planning Director indicated that Planning Director Epple will carry these applications at next week's public hearings, since she will be out of town. Work Session - (A) Presentation from Historic Preservation Officer Strahn and Commissioner Younaman re DroDosal to create executive steerina committee to increase communication . between advisory boards (A) Presentation from Historic Preservation Officer Strahn and Commissioner Youngman re proposal to create executive steering committee to increase communication between advisory boards Derek Strahn, staff person for the Beautification Advisory Board, distributed a memo dated June 30, in which he forwarded a proposal to create an advisory board coordination committee. He stated that at last week's meeting, the Board discussed the benefit of increased communication among the City's advisory boards. He forwarded the proposal that an executive committee or steering committee be established, comprised of the chairs of each of the boards and someone from staff who could serve as a coordinator. He stated that this body could meet on a quarterly, semi-annual or annual basis, to maintain communication among the boards. He noted that this could also result in coordinated efforts and possibly lead to better service to the . community. He recognized that, while some of the boards may not have much in common with other boards, at least annual communication would be beneficial. He stated that some of the boards may have a stronger relationship with other boards, and those groups could possibly meet more often. He noted that those groups might include the Beautification Advisory Board, Cemetery Board, Downtown Bozeman Improvement District Board, and Recreation and Parks Advisory Board, or possibly the Historic Preservation Advisory Board, Design Review Board and Downtown Bozeman Improvement District Board. Responding to comments from Mayor Stueck, Derek Strahn suggested that this proposal could result in the advisory boards being better able to assist the Commission. He then stated that another idea discussed by the Beautification Advisory Board was the possibility of inviting the public to a Saturday session, at which each of the boards would identify what they are . doing. He noted that this could be beneficial to the community. Ms. Claudia Foster, Chair of the Beautification Advisory Board, stated it would be beneficial for the Commissioners to meet with the board members. She then noted that, several years ago, the Mayor sponsored a meeting with volunteers from the boards, at which 06-30-97 - 7 - the volunteers were presented buttons. She noted that type of recognition makes volunteers feel good and can result in even greater volunteer efforts. Commissioner Youngman noted that an updated list of the chairs of the various boards would be beneficial. She then stated that the Beautification Advisory Board recently sent mailings to all of the other advisory boards soliciting input into a wish list. She noted that . request resulted in very little response. She recognized that, while written communication is good for providing information, it is not an effective way to mobilize people. She indicated her interest in this proposal, noting that getting the City's advisory boards together could have some very positive results. She then requested that this item be placed on a future agenda for further discussion and possible action. Discussion - FYI Items Acting City Manager Brey presented to the Commission the following "For Your Information" items. (1 ) Copy of a letter from Gregory Petesch, Director of Legal Services for the Montana . Legislative Services Division, to Representative John Mercer and Senators Mike Halligan and John Harp, dated June 26, regarding HB166, which revised the beer taxes collected and distributed by the State. (2) Memo from the Montana Department of Transportation, dated June 17, regarding concerns about the sale of government vehicles in which dyed diesel fuel has been used. (3) Letter from the Montana Department of Transportation, dated June 1997, forwarding a status report on the CTEP allocations and requirements. The Acting City Manager noted that Bozeman has been allocating the funds it has had available, and the expenditure of many of those funds is included in the budget for the upcoming fiscal year. He then noted that the steering committee is in the process of developing a recommended priority list of additional projects for Commission consideration. . (4) Copy of a letter from Project Planner Christopher Williams to the GranTree Inn, dated June 20, notifying them that the parking lot stormwater detention facilities must be redesigned and improved. (5) Memo from Assistant Planner Chris Saunders, dated June 25, forwarding an updated impact fee capital improvement program. 06-30-97 - 8 - The Acting City Manager stated this memo provides the background information necessary for the Commission to consider the capital improvement program for impact fees within the next few weeks. (6) Letter from Shelley Cheney, Gallatin County Clerk and Recorder, forwarding her determination that no primary election is needed. . (7) Letter from Cliff Chisholm, Prugh & Lenon Architects, dated June 25, thanking City staff for their assistance in resolving problems on a recent building project. (8) Minutes from the Cemetery Board meeting held on May 21, 1997, along with a memo dated June 23, forwarding proposed revisions to those minutes. (9) Minutes from the Bozeman Area Bicycle Advisory Board meeting held on June 11, 1997. (10) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, July 1, in the Commission Room. (11 ) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, July 1, in the Commission Room. . (121 Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, July 1, at the Courthouse. ( 13) The Acting City Manager submitted his weekly report, as follows. (1) Announced that 35-mile-per-hour speed signs will be posted along Kagy Boulevard within the next three weeks. (2) Stated that staff is in the process of finalizing the contracts with vendors for new 9-1-1 equipment. He noted that authorization to sign the contracts will be placed on the July 14 agenda because they must be signed by July 15 to take advantage of some cost breaks. (3) Announced that he has issued an administrative order rescinding the flood emergency. (14) Commissioner Frost stated that the emergency crews who assisted him in his motorcycle wreck were very professional, helpful and calming. He forwarded his appreciation for their services, noting that he "hopes never to need them again". . ( 15) Commissioner Youngman submitted the following. (1) Attended the Beautification Advisory Board meeting last week. (2) Announced that the Library Board selection committee has chosen three finalist candidates for the Director position, and public receptions for those candidates will be held over the next two weeks. She encouraged all Commissioners to attend those receptions if possible. 06-30-97 - .-. --- - .-.. . .-.- _.. u___._.._..____ .--- .- .-....----------.--.-- ---.-.-.-.-.--.-----.--..-----.--.-- -.. -.-... .-. - 9 - ( 17) Clerk of the Commission Sullivan stated that she attended the Montana League of Cities and Towns Board meeting on Friday and the Montana Municipal Clerks, Treasurers and Finance Officers Executive Board meeting on Saturday in Helena. ( 18) City Attorney Luwe submitted the following. (1) Stated that last week, a question arose about whether the City may file a deed for right-of-way acquisition without a survey . being conducted. He noted that the issue was resolved in the City's favor, and the deeds that generated the question have been filed. (2) Stated that the July 21 agenda should include ordinances adopting the current edition of the Uniform Fire Code, establishing a Fire Code Board of Appeals, and amending the animal control ordinance. ( 19) Mayor Stueck submitted the following. (1) Reminded the Commission that dedication of the Aasheim Field, which is a little league baseball field, is scheduled for 6:00 p.m. (2) Characterized Saturday as an eventful day, noting that it included paving at Sacajawea Middle School, performing a wedding in Lindley Park in the afternoon, and throwing out the first pitch at the Helena Brewers baseball game in the evening. . Signing of Notice of Special Meetino Each of the Commissioners, in turn, signed the Notice of Special Meeting. Authorize Director of Public Service to sign final plat - Graf Minor Subdivision - subdivide 148.44 acres on west side of North 19th Avenue near interchange into three lots for commercial development Included in the Commissioners' packets was a memo from Assistant Planning Director Debbie Arkell, dated June 26, forwarding background information on this plat. City Attorney Luwe noted that a memo from Acting Director of Public Service Craig Brawner, dated June 26, was distributed just prior to the Commission meeting. He noted that memo contains two recommended conditions to be met prior to signing of the final plat. He then requested that the Commission include those conditions in its motion. . It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission authorize and direct the Director of Public Service to sign the final plat for Graf Minor Subdivision, subject to the following conditions: 1. The 20-foot-wide waterline easements shown off the west and north Lot 1 property lines shall be revised to the required 30-foot width. 06-30-97 - 10 - 2. The following easements shall be adequately located on the final plat and/or separate easement documents adequately locating the easements shall be provided and filed: . The waterline easement off the north property line of Lot 1 . The 2D-foot-wide utility easement off the west property line of Lot 1 . The 3D-foot-wide access easement, 3D-foot-wide sewer and public utility easement, 1 O-foot-wide drainage easement, and . 3D-foot-wide reciprocal access easement on the Lots 1 and 2 joint property line. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Stueck; those voting No, none. Award bid - ianitorial services for City Hall ComDlex. Carnegie Buildina and Library - Davis Maintenance of Bozeman. Inc.. Bozeman. Montana - bid amount of $42.900/vear Mayor Stueck stated he is always concerned when there is only one bidder. He then stated he feels it is important for everyone to understand why this bid represents such a large increase from the costs paid last year and why there was only one bid. Acting City Manager Brey stated that the City and the County separated their bids this year with the anticipation that the smaller projects might generate some additional bids, . however, both the City and the County received only one bid, and that was from the current vendor. He then indicated that the cost increases are due in part to increases in the prevailing wage rate. Also, under the new contract, the Library is to be cleaned one additional day each week and that factor, plus the increased usage of that facility, has significantly increased the bid for cleaning of that facility. He noted that, without the extraordinary increase at the Library being considered, Administrative Services Director Gamradt calculated the increase at slightly under 25 percent. Responding to Commissioner Stiff, City Attorney Luwe cautioned that if the scope of the project is changed at this time, it must be rebid. He also cautioned that negotiating with the sole bidder could also trigger a rebidding process. Responding to additional questions from Commissioner Stiff, Clerk of the Commission . Sullivan stated that if one of the facilities is not used for a period of time, the City does not pay the janitorial service fees on it. She cited the City Hall, Building II, as an example, noting that no janitorial fees have been paid on it for the past two years, but fees will once again be paid as soon as the Building Inspection Department and Fire Department relocate into the remodeled portion of the facility. 06-30-97 .--- ------.--- - 11 - Commissioner Stiff recognized the increased costs for janitorial services for the additional day for cleaning the Library. He stated, however, that he has a problem with a 40 percent increase in the overall costs and, therefore cannot support award of this bid. Commissioner Youngman asked if contacting those who obtained bid packages but did not bid might reveal any impediments that might be within the City's control. . Mayor Stueck recognized that today is the last day of the current janitorial services contract. He then stated that, while he would like to pursue alternatives for reducing the costs, he recognizes the need to award the bid. It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the bid for janitorial services for the City Hall Complex, Library and Carnegie Building for Fiscal Years 1998 and 1999 be awarded to Davis Maintenance of Bozeman, Inc., Bozeman, Montana, in the annual bid amount of $42,900.00. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Frost and Mayor Stueck; those voting No being Commissioner Stiff. . Claims It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission approve the claims as listed and order that the same be paid. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No, none. Adiournment - 4:34 c.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 Stiff and Mayor Stueck; those . voting No, none. 06-30-97 - 12 - (o~ ~,/?~ DON E. STUECK, Mayor ATTEST: . r2tJ~ ROBIN L. SULLIVAN Clerk of the Commission . . 06-30-97