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HomeMy WebLinkAbout1997-04-28 Minutes, City Commission -.---.- --------- MINUTES OF THE WORK SESSION/AGENDA MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA April 28, 1997 ***************************** . The Commission of the City of Bozeman met in work session and agenda meeting in the Commission Room, Municipal Building, April 28, 1997, at 3:00 p.m. Present were Mayor Stueck, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman, Acting City Manager Brey, City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Aaenda Meetina - for regular meetina and public hearinas to be held on Mav 5, 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. (4) Mayor Stueck asked if the Community Affordable Housing Advisory Board will be prepared to forward a recommendation prior to next week's meeting. Commissioner Rudberg asked for a listing of the costs of the building permits and the impact fees for each of these projects and the difference between those fees so the Commission is aware of the impacts of any action it may take. (6) Acting City Manager Brey stated that staff has been working to develop a flood policy since the initial discussions about snow levels. He indicated that the document being compiled includes response plans for the City's various buildings and facilities as well as some pOlicies and procedures. He recognized that many of the issues are operational in character, . but some of them are policy issues which require Commission action. He noted that staff is trying to have the information gathered for inclusion in the packet for next week's packet; however, if that is not possible, it may be necessary to postpone action until the next meeting. (7) Acting City Manager Brey stated that under this agenda item, staff is seeking direction from the Commission on whether to negotiate directly with a consultant for updating 04-28~97 - 2 - of the needs assessment or whether to seek proposals. He also noted that the funding source for this update, which is estimated to cost $8,000, must also be identified. (9) Mayor Stueck stated that Paul Gleye, MSU School of Architecture, asked him about having some of his students, who have prepared plans for a theoretical development along North 19th Avenue, make a presentation on those plans. He noted that this presentation . could be interesting, characterizing it as an "FYI" type of item. (10c) Responding to Commissioner Rudberg, the Acting City Manager stated that, in conjunction with this request, the Gallatin Valley Land Trust is asking that the City provide the trail mix for that portion of the trail on the face of the hill, at an estimated cost of $2,000. He noted the key issue is the trail corridor from the bottom of the hill to Kagy Boulevard, along South Church Avenue. (10d) The Acting City Manager stressed that under this agenda item, staff is recommending denial. (10) The Acting City Manager stated that three new consent items will be added, including a proclamation, appointment of a sub-committee to review pledged securities and the . Interlocal Agreement for the City-County Health Board. Commissioner Rudberg asked that the Interlocal Agreement be removed from the consent agenda for discussion. ( 1 6-1 8) Responding to Commissioner Stiff, City Attorney Luwe stated he will provide a copy of the State statutes pertaining to tax breaks for new and expanding industry to the Commissioners prior to next week's meeting. He also indicated a willingness to assist the Commission in review of the applications in light of those statutory provisions. Commissioner Youngman stated that she will abstain from voting on No. 17, indicating she will make that announcement at next week's meeting. ( 19) Assistant Planning Director Arkell provided a brief overview of this variance request, noting that Costco is requesting permission to install 968 square feet of signage . instead of the 400 square feet allowed. She stated that the three proposed signs are to be painted on the sides of the building. Two of the signs are to be 37 feet long and 10 feet high, with a total of 384 square feet each, and one of the signs is to be 26 feet long and 7 feet high, containing 200 square feet. She noted that one of the large signs is to be located at the entrance to the building, while the other large sign is to be located on a wall measuring 412 04-28-97 on ...__._ - 3 ~ feet long and 30 feet high. She further put it into perspective by noting that under the zone code, a wall sign may cover up to 25 percent of the wall face and, in this instance, the larger signs cover 3.1 percent of the wall while the smaller sign covers 2.4 percent. She noted that, to meet the code provisions, two 1 50-square-foot signs and one 1 OO~square-foot sign could be used. She indicated that the architect for the project will have some renderings to assist . the Commission in visualizing signs which meet the code requirements versus the requested signs. Responding to Mayor Stueck, the Assistant Planning Director stated that no freestanding signs are proposed. (21 ) Planning Director Andy Epple provided a brief overview, noting that the applicant has indicated a willingness to bring the lighting on the site into compliance with the zone code; therefore, the variance is being withdrawn from consideration. He noted that under this application, an existing single-family structure on a large parcel is to be converted into a veterinary clinic, with a circular one-way driveway to facilitate movement of trailers through the property. He stated that, while the property is located inside city limits, it is in an area that . is zoned RS and is rural in character. (22) Assistant Planner Chris Saunders provided a brief overview of this application, noting it involves a request for rezoning on a parcel which was recently approved for annexation. He indicated that this rezoning will bring the property into compliance with the master plan amendment which was recently approved by the Commission. The Assistant Planner asked that, in conjunction with this application, the Commission consider which alignment the westward extension of Kagy Boulevard is to follow. He noted that Map 5 and Map 8 in the 1990 Bozeman Area Master Plan Update show conflicting alignments, and the applicant has asked for direction on how to proceed with subdivision and development proposals. He stated that, since this is a master plan issue, direction will be sought from both the City Commission and the County Commission. . Responding to Commissioner Stiff, Assistant Planner Saunders stated that Kagy Boulevard and Stucky Road are approximately 1,000 feet apart, which is an appropriate distance apart for major streets. He then stated that, even though the Commission may select a specific alignment at this time, the Master Plan is an advisory document, and the alignment could be adjusted at a later date. 04-28-97 -- ---.--- - 4 ~ Work Session - (A) Staff responses to auestions forwarded in written testimonY re automated garbage: (B) Meetina with Board of Directors from Rae Water and Sewer District to discuss access to the city sewer system; (C) Presentation from Gallatin Watershed Partnership (A) Staff responses to questions forwarded in written testimony re automated garbage. Street/Sanitation Superintendent Roger Sicz read his memo dated April 28, a copy of . which had been included in the Commissioners' packets. He noted that these comments are in response to the information forwarded in both verbal and written comment during the public hearing on the proposal to implement an automated garbage collection system. I n those comments, he suggested that exclusive garbage collection rights be removed from all phases of his garbage collection proposal. He also forwarded the suggestion that a provision be added for collection of a 35-gallon container once a month, to address some of the concerns raised by those who have minimal garbage. He noted that under this suggestion, those collections would be made the first week of each month, and a lower rate would be established for that pick-up schedule. The Street/Sanitation Superintendent suggested that Phase I be expanded to include 2,150 containers, rather than the 1,750 originally proposed. He noted this increase will allow . the City to provide automated collection service to all existing curbside pickups and provide for greater efficiency. He proposed that Phase I be considered a pilot program and that those residents be surveyed approximately nine months after implementation of the program, with the results being forwarded to the Commission. He noted that in Billings, crews are able to pick up approximately 900 accounts per ten-hour day. He recognized that efficiency here will be lower until crews become proficient with the new equipment; however, he noted that with the increased number of accounts proposed, a more efficient system can be provided. Street/Sanitation Superintendent Sicz noted that concern has been voiced about the proposal to put 300-gallon containers in the alleys, including volume-based arguments and concerns about keeping those containers clean. He noted that at least fifteen cities in Montana . currently use this system, and it is widely used across the country. He suggested that the City could offer residents who currently have alley collection the option of curbside collection with the container size of their choice. The Superintendent stressed the importance of recognizing that two of the existing rear load garbage collection trucks must be replaced within the next two years because of their age. 04-28-97 . -.- --.- --.---. - 5 - He encouraged the Commission to give careful consideration to moving toward an automated collections system through the replacement of those trucks with automated collection trucks. He recognized that the costs of purchasing the equipment and the container is higher initially. Responding to Commissioner Stiff, Street/Sanitation Superintendent Sicz stated that only one automated truck is to be purchased in conjunction with Phase I; a second truck would . be purchased in conjunction with Phase II if the Commission approves this proposal for automation. He recognized that maintenance and repair of the automated collection trucks is higher than it is for rear load collection trucks. He stated, however, that with a regular preventative maintenance program and a five to seven-year replacement schedule, those costs should be kept to a minimum. Responding to Commissioner Rudberg, Street/Sanitation Superintendent Sicz stated that under the automated collection system, tags would still be available for those items which do not fit into the containers. He noted that the tags could also be used by those who subscribe to the once-a-month pickup, so that if they have more garbage, it can still be easily collected. He recognized that once the automated system is implemented, the tags will . probably be available only at City Hall instead of in all the major grocery stores. Responding to questions from Commissioner Stiff, the Superintendent recognized that doing both alley pickups and curbside pickups in the same block would be inefficient; therefore, every attempt will be made to make a full conversion to curbside collection on each block where interest is shown. He recognized that where the driveway access is from the alley, it may not be possible to convert to curbside. Acting City Manager Brey stressed the importance of the Commission making a decision on this proposal in the near future, since that decision will impact the budgeting process, which is currently underway. The Commission decided to call a special meeting during the May 12 meeting, at which time it will make a decision on this item. . (B) Meeting with Board of Directors from Rae Water and Sewer District to discuss access to the city sewer system. Included in the Commissioners' packets was a memo from Dean Ridgway, Manager of the Rae Water & Sewer District, requesting permission to address the Commission at this meeting, attached to which were pages from a draft wastewater facilities plan for the district 04-28-97 ---.- -.--.---- ..----. --- ---.- - 6 - as prepared by Morrison-Maierle, Inc. Distributed just prior to the meeting was a tabulation of points to be addressed during this presentation. Mr. Steve Stewart, 5842 Arrowwood Drive, stated he is a member of the Board of Directors for the Rae Water & Sewer District. He stated that in October 1992, a leak was discovered in Cell 3 of the lagoon system. At that time, the State placed a moratorium on . expansion of the system and ordered the district to develop a plan for addressing the problem, with that plan to be implemented no later than December 31, 1998. Mr. Stewart stated that this system serves 280 households with approximately 640 people. He characterized these units as affordable, stressing that many of the residents are on fixed incomes or are single parents trying to raise families. In light of these facts, the Board of Directors for the district is pursuing various avenues which will result in addressing the problem without incurring excessive costs. Mr. Stewart recognized that the Four Corners area is growing rapidly, and there has been discussion about a regional sewage treatment facility being constructed in that area. He further recognized, however, that such a system will not be completed for at least four to six . years; and the Rae Water & Sewer District must find a more timely solution. He also noted that the District has used one very large agricultural producer for the spray irrigation program, using the effluent from the system. That individual has indicated he is not interested in any type of long-term agreement to continue that program, since he recognizes the value of his land may lie in development rather than agricultural use. Mr. Stewart stated the Board is currently seeking short-term solutions to their problems. In that light, the Board is approaching the City about the possibility of connecting to the City's sewer on a temporary basis, until such time as the Four Corners system has been constructed. He proposed that, because of identified capacity problems in the City's lines closest to the Rae Water & Sewer District, their pretreated effluent could be dumped into the lines during non-peak flow times to minimize its impact on the system. He recognized that . State approval would need to be obtained before this option could be pursued and concluded by encouraging favorable Commission consideration. Director of Public Service Phill Forbes stated that staff has received a copy of the draft facility plan prepared by Morrison-Maierle for the Rae Water & Sewer District. He indicated that staff has not yet prepared its response to that plan, and he feels that reflecting the 04-28-97 -..-.--- - 7 - Commission's position in that response is important. He pointed out that the Rae Water & Sewer District is located outside both the existing sewer service area and the urban growth area, as depicted in the master plan. Responding to Mayor Stueck, Mr. Stewart stated his group approached the County Commission about this issue on February 7. He indicated that they listened but had little to . say. Mayor Stueck noted that, while the Rae Water & Sewer District is located in the City's jurisdictional area, it is a significant distance from the city limits and existing sewer mains. He then stated that input should be requested from both Gallatin County and possibly the Gallatin County Health Board on how this issue should be resolved. Commissioner Rudberg noted that, from discussions about applications previously considered in this area of the community, it is apparent there are capacity problems that would be compounded by this proposed extension of services. City Engineer Craig Brawner recognized that their proposal to pump wastewater into the system during off peak hours would help to alleviate hydraulic problems in the collectin . system. He reminded the Commission that the Wastewater Treatment Plant capacity is capped at 36,000 persons, and this subject property lies outside the 20-year study area. He further cautioned that once the capacity is reached, the City must acquire additional discharge permits; and permits are no longer issued under which effluent may be discharged into the river. This will result in much higher costs for expansion of the existing plant, since the non-discharge facilities are much more costly to construct and operate. Responding to Commissioner Rudberg, the City Engineer stated the closest connection point at this time is in Ferguson Road at US Highway 191, which is where the Kountz Mobile Home Park is connected to the system. He cautioned the Commission that connection of the Kountz Mobile Home Park at this location has already been identified as pushing the line over capacity. He stated that if the Cottonwood Trunk Line, which is identified in the draft . wastewater facilities plan, is installed, it could provide a more logical connection for the Rae Water & Sewer District; however, construction of that line is not expected for quite some time. Further responding to Commissioner Rudberg, the City Engineer identified some of the bottlenecks which exist in the system. He noted that, while the sewers are not actually 04-28-97 -- - 8 - overflowing at the present time, tests on the existing lines and modeling of the system indicate that those lines are full. Commissioner Rudberg asked how the Rae Water & Sewer District would be billed for the sewer service, if it were connected to the City's system. City Engineer Brawner responded that when a property is connected to City sewer but . not City water, a meter is placed on the well, and the sewer bill is based on the water consumption, just as it is within city limits. He then cautioned that facilities planning is a lengthy process, and even a temporary connection to the City's system could be for several yea rs. He also urged the Commission and the Board to consider the lost costs that would be involved in this temporary solution, particularly since the permanent solution would be to extend lines, in the opposite direction, to the Four Corners area. Mayor Stueck noted that a cooperative wastewater treatment facility is being proposed for a couple of the large subdivisions being planned in the Four Corners area. He noted that, since these subdivisions are just in the planning stages, it may be several years before the facility is constructed. He recognized this type of system is preferable to the individual wells . and septic systems that have been used in the past, and suggested that the system could be expanded to include additional development in the area. Responding to Acting City Manager Brey, Mayor Stueck suggested that the City could possibly write a letter of support to assist the Rae Water & Sewer District in working with the Department of Environmental Quality. Commissioner Youngman recognized the need for formulating policy to deal with this type of request. She stressed that the overall impact to the system must be considered, no matter where the proposed extension might be, including lost capacity within the city. She also noted that, while connection to the City's system might seem to be the best alternative, the lost costs in doing so must be considered. She concluded by characterizing this as a difficult situation with which to deal. . Commissioner Rudberg noted that the Fort Ellis Leisure Community, for which a request to connect to City sewer service has also been received, is located within the urban growth area. The Rae Water & Sewer District, however, is located well beyond that boundary. Ms. Carrie Leu, Secretary of the Board of Directors for Rae Water & Sewer District, asked if the City would be willing to forward, in writing, its reasons for denying this request 04-28-97 - 9 - for connection to City sewer. She noted that the District must pursue all possible alternatives to remedy their problem, and seeking funding sources will become an important component of the solution. She suggested that a letter from the City could assist in that process. She then noted that the Board is also responsible for making sure that those within the district receive adequate services at the most reasonable cost possible. . City Engineer Brawner recognized that connection to the City's system at the Cottonwood Trunk Line might be a possibility. He suggested, however, that the Rae Water & Sewer District has other alternatives it might pursue. He then cited this as a prime example of the problems with county development versus city development, since the systems get old and require upgrading, which can be very expensive. Mr. Dave Pruitt, former County Commissioner, stated that he attended the February 7 meeting. He cautioned that creating a sewer district in a populated area that has been developed with wells and septic tanks will be extremely difficult because 10 percent of the people must petition for the district. He recognized that regional systems are preferable to individual systems, and encouraged the Commission to think in larger terms than just the Four . Corners area. He suggested, rather, that three large regional systems could serve from the western side of Bozeman to Belgrade and Central Park. The Commission thanked the Rae Water & Sewer District representatives for their presentation, recognizing they have a major challenge to address. (C) Presentation from Gallatin Watershed Partnership. Ms. Carrie Leu stated the Gallatin Watershed Partnership is comprised of individuals representing a variety of state, federal and local organizations. The group first met early last year and, in October, they conducted a workshop on the Gallatin watershed. She noted that 85 people attended that workshop, during which a variety of aspects of the watershed were discussed. She stated the group has continued to meet since that time, and they have compiled the information gathered into a booklet which they plan to publish. She indicated the . booklet, which will contain information on a variety of issues, will then be disseminated. Ms. Louise Forrest stated that, after the workshop, the Gallatin Watershed Partnership recognized that the information they had gathered could be valuable to others and noted that they have attempted to identify how it can best be disseminated to others throughout the area. She showed the Commission a booklet from Ohio, after which they are modeling the local 04~28-97 ---- - 10 - booklet. She then reviewed the outline for the booklet, noting they are also putting together a speaker's bureau from among those who were involved in the workshop. Ms. Forrest stated that possible methods for distributing this booklet to new residents could be through realtors and possibly the Chamber of Commerce. Also, copies of the booklet could be distributed through various levels In the school system. She stated that sponsoring . a series of news articles on some of the issues has also been identified as a way to distribute information to the public. Ms. Carrie Leu stated the Gallatin Watershed Partnership recognizes that an informed public is important, particularly as growth and development continue to occur. Ms. Leu stated that many of those agencies which participated in the workshop in October are also contributing to underwriting the costs of the booklet, either through cash contributions or in-kind services. She noted it is the Partnership's intent to publish 5,000 copies of the booklet, which will then be distributed at no cost. She recognized that the City's finances are limited, but asked that the Commission consider a contribution toward this effort. Responding to Commissioner Stiff, Planning Director Epple stated he is aware of this . document, and he feels it is complementary to the critical lands study which the Planning staff has prepared. Commissioner Rudberg asked if the Partnership has approached the various environmental groups about participating in the costs of publishing this booklet, noting there are several of them in the area. Ms. Leu responded that they have not yet done so, but she pledged to "leave no stone unturned", including grant possibilities. Commissioner Rudberg noted that both the City and the County now have a Grantsperson on staff. She suggested that they may see grant possibilities that might not otherwise be identified, and suggested that is one way in which the City could assist in this effort. She characterized publishing 5,000 of the booklets as admirable; the challenging part . is "putting them in people's hands". Commissioner Youngman stated that she does editing in her work. She then offered to donate her services on behalf of the City, indicating that would be a $500 contribution in in-kind services. The Commission thanked Ms. Leu and Ms. Forrest for their presentation. 04~28-97 . .. -------..- - 11 - Joint meeting with County Commissioners re (A) Oak Street riaht-of-wav and (B) West Babcock Street Droiect Acting City Manager Brey noted that, included in the Commissioners' packets was a memo from Project Engineer James Nickelson, dated April 24, forwarding a status report on the Oak Street project. He then noted that, distributed just prior to the meeting, was a memo . from the County Commissioners, dated April 25, indicating they do not feel there is sufficient additional information on these two issues; therefore, they will not be in attendance at this meeting. Director of Public Service Phill Forbes stated that he, City Engineer Craig Brawner and Project Engineer James Nickelson met with County Commissioner Bill Murdock on Wednesday to update him on the status of the West Oak Street project. He noted that they also informed him the staff recommendation would be that the City trade vacated right-of-way within the Fairgrounds for the right-of-way needed for Oak Street along the north side of the Fairgrounds. He stated his opinion that this is in keeping with the County Attorney's opinion regarding the right-of-way acquisition process. The Director of Public Service suggested that the City participate in addressing the . sewer extension to the Fairgrounds by fronting the design costs of extending the sewer main from WalMart to the Fairgrounds along the Oak Street right-of-way. The County should pay for the sewer improvements, with possible participation from the adjoining landowners who would also benefit from the sewer extension. Project Engineer James Nickelson distributed sketches of the parcels along the Oak Street extension, color-coded to reflect where rights-of-way are needed and the configurations of remainder parcels resulting from the alignment of the roadway. He stated that the owners of the parcels identified as the Old Pea Cannery and the Westlake property have agreed to donate the right-of-way across their parcels if all of the other property owners agree to do so. He noted that other landowners include the Chicago, Milwaukee, St. Paul and Pacific Railroad, . Gallatin County and the Montana Department of Transportation. He reviewed the color coding on the map, noting that the right-of-way in the Fairgrounds currently dedicated for street purposes is shown in a different color from the right-of-way remaining to be acquired. Mr. Nickelson noted that the new road alignment will create triangular remainder parcels on both the County and the Old Pea Cannery properties. He suggested that, since the 04-28-97 ..--- _.u.._n_. - 12 - parcels will be approximately the same size, it might be advantageous for the owners to trade the remainders with each other. Mr. Nickelson stated that the Railroad has indicated it will require compensation for the right-of-way across its parcel. He noted that 8,000 square feet of right-of-way is required and, at $1.00 a foot, the cost would be $8,000. He stated that the appraisal report shows 38,000 . square feet of right-of-way is needed along the Fairgrounds; however, he noted that includes approximately 7,000 square feet which has already been dedicated in other street alignments within the Oak Street corridor. He noted the draft appraisal report sets the value of that 38,000 square feet at $45,000. City Engineer Craig Brawner stated that an appraisal of the Railroad property may be necessary before the City may acquire it. He then noted that the County is requesting vacation of over 700,000 square feet of street rights-of-way within the Fairgrounds. He stated that the issue of responsibility for extension of the sewer main is one which remains to be resolved. He then cautioned that, given the terms reached by the negotiator to date, if the Commission authorizes the purchase of any of the right-of-way along this alignment, it might trigger the . need to purchase all at the right-at-way. Responding to Commissioner Rudberg, City Engineer Brawner indicated that the appraiser will be responsible for determining whether the Railroad parcel will remain viable after the right-of-way has been dedicated and, if it is not, then full acquisition may be necessary. He indicated that the remaining triangular parcel will contain approximately 14,000 square feet. Responding to Mayor Stueck, City Engineer Brawner stated that vacation of the 30- foot-wide utility right-of-way is not a part of the request for vacation which has been forwarded by the County. He recognized that replacing the utility right-of-way with a utility easement would be appropriate, since the City would retain its ability to maintain its system. He then compared this project to the recently completed realignment of the West Main Street/West Babcock Street/South 23rd Avenue intersection, where an agreement was entered into to . ensure that the rights-of-way vacated and acquired were appropriately exchanged. Responding to Commissioner Rudberg, City Engineer Brawner stated that if the Fairgrounds were relocated at some time in the future and this subject property was acquired by a private individual for development, the City would have the opportunity at that time to obtain the street rights-of-way needed to serve that development. He recognized that, if the 04-28-97 ..--.-- -----.----..--------..-.- - 13 - development is done through the planned unit development process, those streets may be private, but the City would still have the ability to ensure that proper traffic circulation was provided. City Attorney Luwe concurred that the City Engineer's response is accurate under current subdivision law. He cautioned, however, that dramatic changes in the subdivision law . could change the situation if dedication of roads is no longer required. Mr. Dave Pruitt, former County Commissioner, provided some background on this issue, noting that the original Oak Street right~of-way was abandoned by the City in about 1913 or 1915. In 1989, realignment of Oak Street, to bend through a corner of the Fairgrounds, was proposed, and the County Commission at that time unanimously said "no". Shortly thereafter, on a 2 to 1 vote, the County Commission made the decision to allow the American Legion ballfield to be located in the northeast corner of the Fairgrounds property. The area for the ballfield was staked out, and an agreement was prepared and signed by both parties for that corner. Before construction of the ballfield was undertaken, the stakes were lost, so the area was resurveyed and new stakes posted. Subsequently, construction of the . ballfield began and, well into the process, someone from the County discovered that the ballfield was actually being constructed 225 feet south of the planned location. At that time, representatives from the ballfield indicated they were using volunteer help, and that the ballfield had been improperly located through an honest mistake, since they couldn't find the new stakes. As a result, the County Commission decided that, rather than requiring that the work to date be removed and relocated, they would simply enter into a modified agreement for the area actually being used. He expressed concern that now, six years later, when the issue of the realigned Oak Street was once again introduced, one of the comments made during discussion about whether the fence for the ballfield might need to be relocated was that they thought they had moved the ballfield far enough south to avoid that type of problem. He stated that, based on that statement, it appears that what was characterized at that time as "an . honest mistake" was actually intentional. He noted that the proposed alignment for Oak Street had limited distribution at that time; and he is concerned that the information was misused by someone who had access to it. Responding to Mayor Stueck, Mr. Pruitt stated that Mr. Roger Craft was the individual who gave the County Commission a copy of the proposed alignment for Oak Street. 04-28-97 -.- --.---.-.-..---- - ---.-...-..--------.-...--- ----. ---.-------- - 14 - Mr. Pruitt forwarded his belief that, with Tamarack Street, there is no need to extend Oak Street from North 7th Avenue to North Rouse Avenue. He suggested that if the Commission wishes to extend West Oak Street across North 7th Avenue, it could consider the extension of North 3rd Avenue, which would run along the west end of the County property, then north to West Oak Street to provide for traffic circulation in that area. . Responding to Mayor Stueck, Mr. Pruitt stated he does not believe the Fairgrounds would benefit from having Oak Street run along its northern boundary, since there is adequate access to that site from Tamarack Street. Acting City Manager Brey noted that the proposed realignment of Oak Street was a public document, accessible by anyone. He then forwarded his position that Mr. Pruitt's comments were inappropriate, particularly since he suggested there may have been City staff involvement in the relocation of the ballfield. City Engineer Craig Brawner stated that the new proposed alignment is not the same as the alignment previously forwarded. He noted, rather, it has been designed to fit into the area available, to avoid any impact to the ballfield in its existing location. . Mr. Bill Hunt, local consulting engineer, stated that in 1989, he prepared a sketch design for a realignment of Oak Street, at the request of some of the landowners in that area. He noted that is probably the document which Mr. Craft carried to the County for their review. Commissioner Frost stated he feels it is important to include a trade of vacated right-of- way for needed right-of-way from the County. Mayor Stueck stated he does not support the vacation of North Tracy Avenue through the Fairgrounds. He noted that there are no buildings in that street at the present time, and he feels that extension of North Tracy Avenue through the Fairgrounds may be important in the future. He then forwarded his position that extension of the sewer main is a totally separate issue and should be considered as such. He characterized the County as being no different from any other developer wishing to extend the City's services, recognizing that all of those . parties who would benefit from the extension should be required to participate in the costs. Mayor Stueck noted that monies have been set aside in the bond proceeds for acquisition of the right-of-way for Oak Street. He suggested, however, that rather than expending those monies, every effort should be made to acquire the right-of-way at no cost. He proposed that the negotiator be asked to approach those who have indicated a willingness 04-28~97 -- - -- - - -.-.--- - 15 - to donate the right-of-way if all others do to see if they would still be willing to donate the right-of-way if the City pays the Railroad for its portion. Commissioner Youngman asked if it might be possible to negotiate with the Railroad for an exchange parcel, to avoid the need to purchase the right-of-way from them, particularly since a relatively small triangular parcel is involved. . Acting City Manager Brey stated that negotiations for right-of-way for Oak Street will continue. He noted that, depending on the outcome of those negotiations, staff will come back to the Commission to request authorization to proceed with acquisition of the right-of-way. Update re legislative issues - Acting Citv Manaaer Brev Acting City Manager Brey noted that the legislative session has ended. He then indicated that, within the next few weeks, a comprehensive summary of those bills affecting cities and towns will be prepared and distributed by the Montana League of Cities and Towns. Discussion - FYI Items . Acting City Manager Brey presented to the Commission the following "For Your Information" items. (1 ) Letter from the Bozeman Tree Advisory Board, dated April 21, regarding the 1997 Tree Cost Share Program. (2) Draft memo from Andrew Kerr, Engineering Assistant, dated April 15, concerning the street vacation request forwarded by Gallatin County for the Fairgrounds. (3) Letter from Montana Shakespeare in the Parks, dated April 22, requesting additional Commissioner consideration of their request for funding for this summer's program. (4) Copy of a letter from Montana Power Company to Mayor Stueck, dated April 23, regarding the maximum mounting height for off-street lighting fixtures. Mayor Stueck stated that he has asked the Planning Director and Police Department . to review this letter in light of safety issues. (5) Letter from City Taxi, Inc., offering assistance in providing transportation opportunities for the disabled and senior citizens, in light of GalaVan's funding shortages. (6) Draft minutes for the Beautification Advisory Board meeting held on April 23, 1997. 04-28-97 . _.. - 16 - (7) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, April 29, in the Commission Room. (8) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, April 29, at the Courthouse. (9) Agenda for the Montana Transportation Commission meeting to be held on May . 14 and 15 in Red Lodge. (10) Copy of the cover from the church bulletin, entitled "Celebrating Soil & Water Stewardship 1997", as forwarded by Commissioner Stiff. (11 ) Copy of a letter from Leo Maney, 423 South 9th Avenue, to Commissioner Stiff, dated April 10, expressing concern about parking in front of his house. Acting City Manager Brey stated this subject property is located approximately one block outside the parking district, so he encounters the people who park just outside the district. He characterized Mr. Maney as an elderly gentleman who "believes that courtesy should prevail"; and none of the regulatory options seem to address his problem. (12) Copy of an editorial in the San Francisco Chronicle entitled A Strike That . Stinks, as forwarded by Commissioner Frost. (13) The Acting City Manager stated that 4,500 pounds of trash were collected as a result of the Clean Up Bozeman campaign. (14) City Attorney Luwe submitted the following. (1 ) Asked that if any Commissioner wishes to remove the interlocal agreement for the City-County Health Board from the consent items, he be notified so he can have Staff Attorney Tim Cooper available to respond to questions. (2) Asked that the Commissioners forward any ideas or thoughts regarding the dog ordinance to him or Staff Attorney Tim Cooper since that ordinance is now being finalized for Commission consideration. (15) Mayor Stueck stated that the grand opening of the Spring Meadows Assisted Living unit is scheduled for June 21. . Executive Session re process for selection of City Manaaer At 5:35 p.m., Mayor Stueck announced that, pursuant to Section 2-3-203(3), M.C.A., the Montana Constitution and the Montana Supreme Court rulings, he, as presiding officer, has determined that the right to privacy clearly exceeds the merits of public disclosure. He noted 04-28-97 - 17 - that a level of confidentiality has been identified in the process of selecting a new City Manager, at least until the final round. He then called an executive session for the purpose of reviewing the applications and tabulation of results from the Commissioners' individual reviews. At 6:03 p.m., Mayor Stueck closed the executive session and reconvened the open meeting. . Adjournment - 6:03 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 Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. { ~ / ~T~ DON E. STUECK, Mayor ATTEST: . GJoJ: .z~ ROBIN L. SULLIVAN Clerk of the Commission . 04-28-97