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HomeMy WebLinkAbout1997-05-27 Minutes, City Commission ...------- n____._.__..u ___ MINUTES OF THE WORK SESSION/AGENDA MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA May 27, 1997 ***************************** . The Commission of the City of Bozeman met in work session and agenda meeting in the Commission Room, Municipal Building, May 27, 1997, at 3:00 p.m. Present were Mayor Stueck, Commissioner Rudberg, Commissioner Stiff, Commissioner Youngman, City Attorney Luwe (also serving as Acting Acting City Manager) and Clerk of the Commission Sullivan. Commissioner Frost was absent. The meeting was opened with the Pledge of Allegiance and a moment of silence. Authorize absence of Commissioner Frost from this meeting, in compliance with Section 7-3-4322(2), M.C.A. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission authorize the absence of Commissioner Frost from this meeting, 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 Rudberg, Commissioner Stiff, Commissioner Youngman and Mayor Stueck; those voting No, none. Agenda MeetinQ - for regular meeting and public hearinQs to be held on June 2. 1997 Since this is an agenda meeting, only those issues requiring staff action are contained in the minutes. City Attorney Luwe briefly reviewed the background information which was included in the Commissioners' packets. (4) Senior Planner Dave Skelton gave a brief overview of the project, reviewing the recommended revision to one of the conditions forwarded by staff. . Responding to Commissioner Rudberg, the Planner stated that the condition requiring information on downstream water rights was designed as a safety precaution to ensure the protection of any potential downstream water rights. (5) Senior Planner Skelton gave a brief overview, noting that this proposal is the culmination of five years of discussions between the developer and the Planning staff. He 05~27-97 - 2 - briefly highlighted the differences between this proposal and the one submitted five years ago, identifying the features which make this a more attractive proposal. He stated that, in conjunction with this project, South 13th Avenue is to be extended to West Babcock Street. Responding to Commissioner Rudberg, the Senior Planner confirmed that the Commission cannot consider a conceptual proposal to develop the adjacent property with . duplex structures in conjunction with this application. Mayor Stueck expressed concern about Condition No.7, which requires that a typical color palette be provided. He stated that ColorLok siding comes in a limited number of basic colors, and he feels this condition is inappropriate. Senior Planner Skelton responded that, if the Commission wishes, it may delete the condition. He noted, however, that if this color palette is included in the restrictive covenants and by~laws, it can ensure that someone will not paint one of the units an inappropriate color in the future. (6) Responding to Commissioner Rudberg, Animal Control Officer Connie Lien confirmed that if this kennel license is revoked, two dogs may still be retained at the subject . residence. She indicated that there are four people living at the residence at the present time. Responding to Commissioner Youngman, City Attorney Luwe stated that the case involving the nuisance dog is pending in City Court and, depending on the outcome of that case, the dog mayor may not be allowed to continue living at this location. Commissioner Rudberg stated she is concerned about this location, and is not sure dogs should be allowed on the site at all because it is not clean, nor is it fenced. She also expressed her concern that if the problem dog is removed from the site by being taken to the Humane Society, it will be "recycled" back out to another home in the community. Responding to Commissioner Youngman, the City Attorney stated that the supporting documentation will be submitted in next week's packets. (7) City Attorney Luwe stated that the staff's comments should be ready for . inclusion in this week's packets. He noted that if they are not, this item will be removed from the agenda for a week. (15) Senior Planner Skelton provided an overview of the application, stating that neighborhood comment in opposition to this application has been received. He said the 05-27-97 n______.___._ ____..._____._______ ~ 3 - recommended conditions of approval are designed to ensure that this requested use will have minimal impact on the neighborhood. Commissioner Rudberg expressed concern that, under the current zone code, a bike rack is being required at this warehouse facility. She also forwarded her frustration about the Design Review Board's review of this application, suggesting that the Commission should . provide training for its volunteer appointees. (16) Senior Planner Skelton characterized this as a significant addition to a small cottage which currently encroaches into the front yard setback. He stated that the Design Review Board added two conditions to the four recommended by staff and, while the applicant indicated his willingness to accept those conditions at the ORB meeting, he cautioned that the applicant may ask that one of those conditions be eliminated during next week's public hearing. Responding to Mayor Stueck, the Senior Planner stated that the existing siding has a 12-inch reveal, and the new addition is to have a 6- to 8-inch reveal. Responding to concerns forwarded by Mayor Stueck, Senior Planner Skelton stated he has asked the Engineering staff to act on the encroachment permit for the fence as quickly . as possible to ensure that it does not slow down the building permit process and it is, in fact, being handled at this time. (17) Assistant Planning Director Debbie Arkell gave a brief overview of the staff report, stating that staff is unable to support the requested variance because it does not meet the three criteria established by the Montana Supreme Court. She also noted that comments in opposition have been received from some of the residents in the general area. Commissioner Rudberg stated that, based on a review of the letter from Montana Power Company, dated April 23, and conversations with her husband, who is a retired electrical engineer, she feels this request bears some merit. She noted that 2 Y4 times as many 20-foot-high light fixtures will be needed to provide the same type of lighting that 30-foot-high light fixtures would provide, and she is concerned about the visual clutter as well as the safety . problems that might create for those backing out of parking spaces. She also noted that she did not find the 30-foot-high light fixtures at Montana State University offensive, and they did not seem to provide an undesirable level of glare with their shielded luminaires. She stated that, while she concurs with the staff report, she feels that a zone code amendment might be 05-27-97 --.... -.-.----.- - 4 - needed to address this matter, particularly to ensure the safety of those who might be in what might otherwise be dimly lit parking lots at night, Work Session - (A) Presentation of combined master plans for Darks - Recreation and Parks Advisorv Board; (B) Amendments to guidelines for CDBG economic develoDment Droaram; and (C) Presentation of beautification awards . (B) Amendments to guidelines for CDBG economic development program Mrs. Dixie Swenson reviewed the changes in the proposed revisions to the guidelines for the CDBG Economic Development Revolving Loan program, resulting from the work session held on May 12, as contained in her memo dated May 21. She reminded the Commission that, in addition to these items, she had raised a number of issues where policy decisions by the Commission are needed. At Mrs. Swenson's request, the Commissioners reviewed several of those policy issues. Commissioner Rudberg suggested that the Commission consider increasing the maximum allowed for administration from the current 7 percent to 10 percent. She noted that . this will give the Commission adequate monies to fund items such as an update to the needs assessment. Following a brief discussion, the Commissioners concurred in this proposed change. Commissioner Rudberg noted that, hopefully, these monies can be used to attract jobs which will allow those in low-paying jobs to move up in their earning level. Mayor Stueck forwarded his support for the definition of "quality job", but asked how that will be evaluated when reviewing an application. Mrs. Swenson responded that, when the CDBG Economic Development Loan Review Committee is reviewing a business plan, the information in that plan will reflect the quality of jobs to be provided; and that information can be used in evaluating the overall application. . Mrs. Swenson then asked the Commission to respond to the proposal to add "generally" to the $100,000 cap for loans, to allow for a small amount of flexibility in possibly exceeding that cap in some instances. Following a brief discussion, the Commissioners indicated support for allowing a small amount of flexibility. 05-27-97 -------. -----..----....-.----- __.. _..._n._ ~ 5 - City Attorney luwe stated that, if the Commission is supportive of the changes which have been proposed, staff will bring back a resolution for consideration on the June 16 consent agenda. (A) Presentation of combined master plans for parks - Recreation and Parks Advisory Board . Ms. Terry Baldus, Chair of the Recreation and Parks Advisory Board, stated that the Commissioners have each received a copy of the Bozeman Area Recreation, Parks, Open Space and Trails Master Plan 1997, as prepared by the Board. She stated that this plan represents a compilation of several separate documents, including the Parks, Open Space and Trails (POST) Plan, the updated Park Development Plan from 1995, the Master Plan for Parks, the trails classification and the Parks Master Plans for the individual parks in the community. She noted that these documents were updated as necessary in conjunction with this compilation. Ms. Baldus encouraged the Commission to consider beginning the implementation of this plan. She recognized that it takes money to do so; however, she suggested that through creative methods of funding, it can be done. Commissioner Rudberg stated that the projects listed in this document total well over . $1.5 million. She then asked about the distribution of this document, to ensure that the Planning staff has a copy. She also noted that she will leave her copy behind the Commission desk, so it will be available to the City-County Planning Board as well as the City Commission. Ms. Baldus acknowledged that the City is going a good job of providing parks and recreational opportunities for its residents. She noted, however, that the County is not; therefore, approximately 40 percent of the users of the city facilities are county residents. Commissioner Rudberg stated she feels it is imperative to ensure that enough ballfields are developed to accommodate youth activities, characterizing those fields as "preventive medicine" for today's youth, whether those activities are organized or not. She recognized that many of the recent efforts have been directed toward improvement of trails, . and suggested that the focus should possibly be shifted. Ms. Baldus responded that the Gallatin Valley land Trust has the monies to develop trails, and that is the primary reason that the focus appears to be in that arena. She stated that the Board's interest is focused on parks, but there is no funding for the development of those areas. She then stated that the Softball Association turned down 22 co-ed teams this year 05-27-97 - 6 - because they did not have adequate space available to accommodate those teams. She noted, as it is, the last teams on the nightly schedules begin their games at 10:00 p.m. Commissioner Rudberg recognized the volunteer efforts which support the various levels of baseball programs, from Little League on up. She stated these efforts represent the number of things that are "right about this community". . Ms. Baldus concurred, stating she feels that people underestimate the amount of volunteer support that makes these programs work. Responding to comments from Mayor Stueck, Ms. Baldus stated that County Commissioner Bill Murdock has been faithfully attending Board meetings as the County liaison, and he is beginning to recognize the need for the County to require dedication of parkland rather than accepting cash-in-lieu. Mayor Stueck announced that, while work is not yet complete on the baseball field in West Babcock Park, it was used last week. Responding to Mayor Stueck, Ms. Baldus stated the potential for locating an ice hockey rink at the Sacajawea Middle School has been raised, and it appears that if the rink is . made available for physical education classes, that may become a reality. Mayor Stueck stated that the Boys and Girls Club is looking for a one- to two-acre site to develop as a park area. He suggested that the Adam Bronken Sports Complex might be an appropriate place for such a volunteer effort. Commissioner Youngman forwarded her interest in pursuing creative methods of financing park improvements. She then asked for a listing of the Board's top priorities for parks. Ms. Baldus stated the Board's top priorities include acquisition of property for a 150- acre community park, in which a recreation center could be located. She suggested that a bond issue be considered for this type of project. She stated that the Board is currently working with the Planning Staff to develop a master plan for Rose Park, and the acquisition and . development of that park remains a high priority. She suggested that getting local companies involved in the development and maintenance of parks, coupled with matching grant monies, might be the creative funding alternative needed to meet the Board's priorities. She also noted that Westlake Park is a priority and, through the Gallatin Food Bank and the BMX Club, some of those improvements might be realized. 05-27-97 - 7 - Responding to Commissioner Rudberg, Ms. Baldus stated that the Board recognizes the Farmers' Market has outgrown Bogert Park, but they have not requested an alternative location. She also noted that Sweet Pea has outgrown Lindley Park and needs a larger area in which to locate. She then encouraged the Commission to move into a mode of preventive park maintenance rather than crisis management. She recognized that development of more . park area is desirable, but maintenance of those improvements must also be considered. She encouraged the Commissioners to consider funding of adequate equipment to accomplish that maintenance. Responding to Commissioner Youngman, Ms. Baldus stated that the Recreation and Parks Advisory Board did respond to the Beautification Advisory Board's request for input into the wish list that is being developed. Mayor Stueck noted that Mary Van't Hull's idea of designating Burke Park as an area to allow dogs to run free has gotten lost in the shuffle and suggested that the Recreation and Parks Advisory Board consider it once again. Commissioner Youngman stated that she recently talked to government classes at . Bozeman High School, and several of the students expressed an interest in serving as a student representative on the Recreation and Parks Advisory Board. She asked that the Board and the Commission consider adding two positions to the Board, to be filled by students, noting that their input could be invaluable when considering recreation opportunities for the older teens in the community. Mr. Bob Lee, member of the Recreation and Parks Advisory Board, stated that Mr. Jim Devitt, Chair of the City-County Planning Board, gave a presentation at this month's Recreation and Parks Advisory Board meeting regarding the Critical Lands study. He noted that when this parks master plan is updated, the Critical Lands study and inventory will provide a useful framework for the update. He stated that, while demographics are constantly changing, baseline studies don't change much and provide a good base for this type of document. . The Commission thanked the Recreation and Parks Advisory Board for their presentatio n. (C) Presentation of beautification awards Mr. Derek Strahn, staff person for the Beautification Advisory Board, stated this is the first of what the Board hopes will become an annual presentation. He said these awards are 05-27-97 - 8 - to recognize those projects which enhance the appearance of the community. He forwarded his hope that, through this recognition, the community will follow the examples set by these projects, thus further enhancing the community. Ms. Claudia Foster, Chair of the Beautification Advisory Board, presented the awards, as follows: . (1 ) To the Cooper Park Neighborhood Organization, for their efforts to enhance Cooper Park, including planting trees on the South 8th Avenue medians and ensuring the supply of pooper scoopers remains. Mr. Dick Prugh accepted the award on behalf of the Organization. (2) To Delaney and Company, Inc., for their sensitive development of the property at the northwest corner of the intersection of North 7th Avenue and West Main Street. This building was constructed while preserving the mature trees on the site, with the architecture of the building and the new landscaping further enhancing the property. Mr. Michael Delaney accepted the award. (3) To Montana State University, for the new facilities, landscaping and site development that have been undertaken in recent years. Through the development of the . Centennial Mall, the appearance, character and functional livability of the campus have been dramatically enhanced. Dr. Malone, President of MSU, accepted the award on behalf of MSU. He stated that this has been a cooperative effort, thanking the City for its part in the enhancements by closing some of the street segments through the campus. (4) To the Retired Seniors Volunteer Program (RSVP) for its assistance to the Downtown Bozeman Association in the planting and maintaining of more than fifty planters along Main Street. Mrs. Annabelle Anderson accepted the award on behalf of the RSVP. (5) To Mrs. Helen Johnson for the landscaping at her private residence on South Willson Avenue. He noted that her yard, with its wonderful flower gardens, consistently generates comments from those who participate in the walking tours of the community. Mrs. . Vivian Duntsch accepted the award on behalf of Mrs. Johnson, who was unable to attend due to ill health. (6) To the Gallatin County Men's Garden Club, for its efforts to beautify the community over the years, including maintenance of the Sculpture Park on North 7th Avenue. Mr. Charlie Fox accepted the award on behalf of the Club. 05-27-97 - 9 - (7) To West Main Ventures for the architecture and landscaping of the Oakwood Square Complex on West Main Street. Mr. Craig McVicker accepted the award on behalf of West Main Ventures. Mayor Stueck congratulated those who received these awards and thanked them for participating in this awards ceremony. . Discussion - FYI Items City Attorney Luwe presented to the Commission the following "For Your Information" items. (1 ) Memo from Neighborhood Coordinator/Grantsperson James Goehrung, dated May 23, forwarding the traffic watch information for this week. (2) Additional information on the first annual walk/push/pull-a-thon, which was approved on last week's consent agenda. (3) Notes from a conversation with Mr. Bob Felton, 1105 West Dickerson Street, regarding the installation of fencing at the cemetery. . (4) Notes from a telephone call from John Mandeville regarding the installation of a traffic signal at the intersection of North 7th Avenue and Griffin Drive. (5) Notes from two telephone calls in opposition to the Pride! parade. (6) Memo from James Brown, Building Codes Division in Helena, regarding HB266, HB382 and HB388. Responding to Commissioner Youngman, City Attorney Luwe stated that staff is beginning to work on a mutual agreement with the County, in response to HB388. He noted that, since the bill does not become effective until July 1, 1998, there is time to develop the needed documents. (7) Information regarding flooding, as provided by Fire Staff Captain Mike Hoey. City Attorney Luwe noted that snowpack is estimated at 136 percent at the present . time; and this week has been identified as a critical time for potential flooding, depending on the weather. He stated that several staff members are monitoring the levels of the various waterways through the community. (8) Minutes for the Historic Preservation Advisory Board meetings held on March 11 and April 15, 1997. 05-27-97 .------ - 10 - (9) Agenda for the County Commission meeting which was held at 1 :30 p.m. today at the Courthouse. (10) Agenda for the Development Review Committee meeting held at 10:00 a.m. this morning in the Commission room. (11 ) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on . Wednesday, May 28, in the Commission Room. (12) City Attorney Luwe stated that he has just returned from a PRIMA conference. He noted that the information he gathered at that meeting will benefit him not only as a Board member for the Montana Municipal Insurance Authority, but can also benefit various City staff members. (13) Commissioner Rudberg submitted the following. (1) Attended the Bozeman Area Bicycle Advisory Board meeting last week. She noted that they are working diligently to develop a bike route, and are talking to the neighbors about their ideas. (2) Stated that the consulting engineer is viewing sewer lines between 1 :00 a.m. and 6:00 a.m., if any Commissioners are interested in participating. . (14) Clerk of the Commission Sullivan thanked the Commission for the opportunity to attend the IIMC annual conference. (15) Mayor Stueck noted the Commission has received a memo from the County Commissioners requesting that City staff members provide information regarding the right-of- way for West Babcock Street and asked if staff is responding. City Attorney Luwe confirmed that staff is responding to the questions in that letter. (16) Mayor Stueck distributed copies of a fund raising brochure for the Adam Bronken Sports Complex. ( 17) The Commissioners reviewed the proposed schedule for interviewing the three candidates for City Manager, discussing whether it is appropriate to combine the processes for two of the applicants while conducting a separate process for one of the . applicants. Following a lengthy discussion, it was determined that a combined social mixer could be held on Friday night for two of the candidates, keeping the remainder of the processes separated, without creating an unlevel playing field. The necessary adjustments will be made to the schedule, to accomplish that change. 05-27-97 _n__.__ - 11 - The Commissioners also reviewed the citizen input form, which will be available at both the social mixer and the interview. Following a lengthy discussion about whether individuals should be required to sign those forms, it was determined that the form should remain as drafted, with signing of the form being optional. Mayor Stueck stated that Acting City Manager Brey forwarded to him a request that . individual departments be given an opportunity to meet with the candidates. He indicated that his response was the timeline for the interview process is already tight and that there is not sufficient time to give every department that opportunity; therefore, any staff input should be provided through the social mixer and interview processes. Following a brief discussion about staff input, Clerk of the Commission Sullivan indicated she can prepare a memo encouraging staff attendance at the receptions and interviews, with their input being provided on the forms available. She also indicated that she will prepare an advertisement to be placed in the newspaper, notifying the public of the schedule for social mixers and interviews. The Commissioners also concurred it may be appropriate to target groups to encourage their participation in the process. . Adjournment - 5:27 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Youngman and Mayor Stueck; those voting No, none. ( ~0-1 ~ /3~ DON E. STUECK, Mayor ATTEST: . (j~ J~ ROBIN L. SULLIVAN Clerk of the Commission 05-27-97