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HomeMy WebLinkAbout1997-03-10 Minutes, City Commission -------- MINUTES OF THE WORK SESSION/AGENDA MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA March 10, 1997 ***************************** . The Commission of the City of Bozeman met in work session and agenda meeting in the Commission Room, Municipal Building, March 10, 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. Agenda Meetina - for reaular meeting and Dublic hearings to be held on March 17. 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) The Acting City Manager noted that, distributed in the Commissioners' mailboxes, was a memo from City Attorney Paul Luwe, dated March 7, regarding the legality of a restriction on gambling. Assistant Planner Chris Saunders stated that he talked to Ms. Becky Salminen, at the Liquor Division, regarding the processing of applications for liquor licenses. She indicated that, because of the length of time that has elapsed since filing of his application for a beer and wine license, Mr. Delaney will be required to submit a new application. She further noted that if additional information is needed, the application does not go back to the bottom of the pile; rather, the application is reactivated as soon as the information is received. The Assistant . Planner stated that if a valid conditional use permit is not in place, the State will delay its approval until that process has been completed, which typically takes twelve to sixteen weeks. Assistant Planner Saunders cautioned that acquisition of an existing license does not involve just a purchase of that license; rather, it requires approval at both the local and the State level. 03~ 10-97 - 2 - (6) Acting City Manager Brey stated limited information on this item is available at this time; however, more information will be available prior to next week's meeting. He stated that the City has realized approximately $168,000 in proceeds from sale of the Haynes Building, and those monies are currently being stored in the General Fund, awaiting Commission determination on how they are to be spent. He stated that staff has identified the new fire . pumper truck and furnishings for the City Hall Annex as two items for Commission consideration. Fire Chief Aaron Holst stated that bids for a new fire pumper truck will be opened at 2:00 p.m. tomorrow, and it will be a minimum of nine months from the time the bid is awarded until the City receives the unit. He indicated that the City has approximately $110,000 earmarked for this project at the present time, and a portion of these proceeds could be used to fund the balance. Responding to Mayor Stueck, Impact Fee Coordinator Saunders estimated there is $25,000 in the Fire Impact Fee account, and confirmed that those monies could possibly be used to write down the costs of the new fire truck. . Acting City Manager Brey stated that $25,000 was set aside for furnishings for the City Hall Annex. Last week, bids were opened for built-in furnishings, and those bids will take all of the monies set aside for furnishings. He stated that this will create approximately a $20,000 shortfall for furnishings, since file cabinets, chairs and other office furnishings must still be purchased. He indicated that approximately half of these costs can be charged against the Building Inspection budget unit, but a shortfall for this project still exists. Fire Marshal Chuck Winn stressed that the remodeling of the City Hall Annex will result in a renovated shell and interior that will remain unusable without the furnishings. He stated that at the present time, the Fire Department is using "hand me down" desks from the Police Department and World War II surplus file cabinets. He stated that this request will result in an open office arrangement that encourages discussions between staff and customers, in . an atmosphere that is conducive to work. He characterized the furnishings as attractive but not frivolous. Commissioner Stiff stated that, based on previous discussions, the Commission had decided that the monies from the Haynes Building should be used to fund something outside the typical activities and needs, in a manner that could be identified in perpetuity as having 03-10-97 _ ..n.._u_ .. -.-----.---......- - 3 - been funded through the sale of this donated building. He then asked that staff identify alternative sources of financing for these two projects prior to next week's meeting. (13 & 14) Assistant Planner Chris Saunders gave a brief overview of these two applications, noting that only a portion of the subject property currently lies inside city limits. . He stated that variances are being sought in conjunction with this minor subdivision, to allow the infrastructure improvements to be phased in as the site develops. He indicated that plans for development of the site include multi-family housing on the north end and, at some time in the future, a new First Baptist Church facility on the south end. Commissioner Stiff announced that he has many conflicts regarding this application, since he has been actively involved with Interfaith since its start, and he is a member of the First Baptist Church. Responding to Mayor Stueck, Assistant Planner Saunders stated that this application was subjected to only informal review before the Development Review Committee, and the brief notes maintained during that review reflect no discussion about the radius of the curve. Responding to City Attorney Luwe, the Assistant Planner stated that the Planning . Office has received an extension to March 21, 1997. Work Session - (A) Presentation re Drocess for declaration of disaster due to floodinq - Mike Hoev. DeDutv Director. DES (A) Presentation re process for declaration of disaster due to flooding Acting City Manager Brey noted that, included in the Commissioners' packets, was a memo from Commissioner Youngman, dated March 5, regarding community resources available to assist in case of flooding. Mr. Mike Hoey, Deputy Director of the Disaster and Emergency Services for Gallatin County, gave a presentation on emergency and disaster situations, based on an outline distributed by Fire Chief Holst. He stated that the City and the County have adopted an . Emergency Operations Plan and established an Emergency Operations Center from which to operate in case of an emergency or a disaster. He reviewed the process for declaring an emergency or a disaster, noting that such a declaration provides access to an emergency mill levy of up to two mills. He stressed that these monies are available to a local government only once a year. He noted that if the emergency or disaster becomes too large to handle at the 03-10-97 ___"on.__.____._ - 4 - local level, then State assistance can be sought, and federal assistance if determined necessary. Mr. Hoey distributed copies of Gallatin County's policy on sandbags as well as charts reflecting snow levels and anticipated runoff levels this spring. He stressed that flooding is very likely, probably at levels greater than have been seen for many years. He stated that his . goal is to make the public aware of that danger and to coordinate efforts to mitigate those problems. He then noted that the County has purchased 10,000 sandbags, 5,000 of which have been reserved for protecting County infrastructure and facilities. Responding to Commissioner Frost, Mr. Hoey stated that he approached the County Commission about declaring an emergency, which is defined as an imminent threat. He stated, however, that they chose not to because they do not wish to unnecessarily frighten people. Commissioner Youngman noted that, distributed just prior to the meeting, were copies of letters from Chuck Paden and Bob Evans regarding the potential for flooding, particularly because of the beaver dams in the creek. She further noted that people are calling to volunteer for taking preventive measures, including the Civil Air Patrol and the Montana Conservation . Corps. She suggested that the distribution of educational material could be a good first step in minimizing the impacts of the anticipated flooding. Mayor Stueck stated that he and Commissioner Rudberg met with representatives from the Department of Fish, Wildlife and Parks last week regarding the beaver dams and associated issues. He noted that the Department is responsible for the water in the stream, but the landowner is responsible for the banks. He stated that the City has no responsibility regarding the dams in the creek, which leads to a very frustrating situation. He further noted that State law does not allow the City to take out the beaver dams, although the landowner could apply for and obtain a permit to do so. He also noted that, as long as volunteers get into and walk down the creek, they can throw the sticks from the dams out onto the banks; however, if the sticks are not carried away from the site, the beavers will simply rebuild the . dams at night. Responding to Commissioner Rudberg, Mr. Hoey stated that areas of the community typically impacted by flooding include Bridger Drive near Zig's Lumber, Durston at North 23rd Avenue, West College Street west of South 19th Avenue and North Rouse Avenue. 03-10-97 --- ----------- ----------- - 5 - Responding to Commissioner Youngman, Mr. Hoey stated he was waiting for the County's sandbag policy to be completed before beginning a concerted educational effort. He noted that since the policy is now complete, he will begin a comprehensive program, including distribution of printed materials and pUblic service announcements on radio and television. . Director of Public Service Phill Forbes stated that the City is in the process of acquiring 1,500 sandbags to meet its needs. He then stated that the protection of public facilities is the County's No.1 priority, and he suggested that the City adopt a similar policy. He then stressed that the City will need all of the 1,500 sandbags to protects its infrastructure and facilities. The Commission thanked Deputy Director Hoey for his presentation. UDdate re leaislative issues - Acting City Manager Brav Acting City Manager Ron Brey gave a brief update on legislative issues. He stated that the hearing on SB165, pertaining to mobile homes, went well. A hearing on HB388, regarding building inspections in the extraterritorial area, is scheduled for Thursday. He . indicated that staff is currently reviewing SB319, which provides another approach to offset the 1996 reappraisals through tax credits. He noted that staff asked Dorsey Whitney to respond to questions regarding this bill, and those responses were received just prior to this meeting. Commissioner Youngman noted that hearings are scheduled for tomorrow on HB466, which allows for local governments to initiate traffic studies, and SB354, which allows for restaurant beer and wine licenses. Planning Director Andy Epple stated that he heard this afternoon that SB164, which would have allowed manufactured housing in all residential districts, was tabled in committee. County Road Superintendent Sam Gianfrancisco stated that Representative Beverly Barnhardt has requested local representation at the hearing on HB466, which is scheduled for . 3:00 p.m. tomorrow. Work session with County Commissioners re West Babcock Street Acting City Manager Brey stated that this item had originally been scheduled as an executive session; however, the determination has been made that it is not necessary. 03-10-97 - 6 - Those in attendance tor this work session included: City Mayor Don Stueck Commissioner Joan Rudberg Commissioner AI Stiff Commissioner Joe Frost . Commissioner Marcia Youngman Acting City Manager Ron Brey City Attorney Paul Luwe Planning Director Andy Epple Assistant Planner Chris Saunders Director of Public Service Phill Forbes City Engineer Craig Brawner Project Engineer Rick Hixson Clerk of the Commission Robin Sullivan County Commissioner Jane Jelinski Commissioner Bill Murdock Road Superintendent Sam Gianfrancisco Deputy County Attorney Susan Swimley Assistant Planner Chris Saunders posted a map of West Babcock Street trom West Main Street to Fowler Avenue, noting that the Engineering Department prepared it on their new . plotter. He stated that this map depicts the current location ot the paved roadway, the current location of utilities, rights-of-way which have been acquired, rights-ot-way which are pending, and rights-of-way yet to be acquired. He noted that staff has identified an immediate need tor a 65-toot right-of-way and, through the development processes, the City has been requiring the dedication of one-half ot a 90-toot right-ot-way because of the anticipated need to expand the roadway at some time in the future. He then asked that the City Commissioners and County Commissioners determine whether they wish to pursue a 65-foot right-ot-way at this time, recognizing that additional right-ot-way may be required in the future tor expansion ot the roadway, or pursue a 90-foot right-of-way at the present time, recognizing that the road may not be widened tor several years. City Attorney Luwe asked the Commissioners to also address the legal procedure tor . pursuing acquisition of the right-of-way. He outlined two options, characterizing one as the traditional, or expanded, process and the other as the compressed process. He stated that under the traditional process, the City and County would jointly seek a court decision on the amount ot right-ot-way currently existing tor the roadway, since the right-of-way has never been dedicated to the public; rather, it is a road out ot necessity trom past use. He stated that 03-10-97 - 7 - after that determination has been made, representatives from the two governmental entities would then negotiate with the adjoining landowners for the remainder of the right-of-way necessary for the roadway. He noted that if those negotiations are unsuccessful, then condemnation proceedings would begin. He stated that under the compressed process, if . negotiations with adjoining property owners were unsuccessful, a determination would be sought from the court on the width of the existing right-of-way for the roadway at the same time as the condemnation proceeding. He recognized that this method could result in higher acquisition costs since the exact amount of right-of-way is not known, but the time could be reduced by as much as 50 percent. Assistant Planner Chris Saunders stated that a gentleman contacted him today and indicated that most of the people who own property along the roadway would prefer to negotiate as a group rather than individually. Responding to Mayor Stueck, the Assistant Planner stated that no homes will need to be relocated for either the 65-foot or 90-foot right-of-way. He noted that some mature trees may need to be removed, and the 90-foot right-of-way could impact some existing septic . systems. He recognized that with the removal of some of the mature trees and widening of the right-of-way, some of the privacy currently enjoyed by some of the residences would be lost. Deputy County Attorney Swimley stated that she and City Attorney Luwe feel they can easily argue the clear need for a 65-foot right-of-way for this roadway. She recognized that arguing for the 90-foot right-of-way could be a little more difficult, although she noted that the zoning and density of development along the roadway could sway the court to recognize that the additional right-of-way width is essential. She stressed that the court will only establish the right-of-way at the width it determines is necessary at the present time, not what is anticipated in the future. She recognized that, until the court determination has been made, it is difficult to know what may remain to be negotiated. . Responding to County Commissioner Murdock, City Engineer Brawner stated that two driving lanes, two bike lanes, boulevards and sidewalks on both sides of the street can be located within a 65-foot right-of-way. He stressed that this would be without parking on either side of the street. He then stated that the transportation plan identifies this roadway as either a major collector or a minor arterial and, with current and future development in that area of 03-10-97 - 8 - the community, it is anticipated expansion of the roadway to include a turning lane and possibly two more driving lanes may be necessary at some time in the distant future. City Attorney Luwe informed the Commissioners that acquiring the entire 90-foot right-of-way at this time will cost more money than acquiring a 65-foot-wide right-of-way, and . that additional right-of-way may not be used for ten to twenty years. He further encouraged them to consider whether the costs of acquiring the additional right-of-way may be less now than in the future and whether incurring these additional costs now would be beneficial by saving future dollars. Responding to Commissioner Stiff, Director of Public Service Forbes stated that if a 90-foot right-of-way is obtained, the sidewalks will be installed at the outer edge of the right- of-way so they do not need to be relocated when the roadway is widened. Commissioner Youngman suggested a stronger argument could be made that a 90- foot right-of-way is needed where West Babcock Street intersects with other major streets, such as Fowler Avenue, to provide for turning lanes. Deputy County Attorney Swimley asked the Commissioners to discuss how they want . legal counsel to proceed with legal actions and acquisition of the right-of-way for West Babcock Street. She noted that, through quiet title action, the court will create a certain width of right- of-way; then the governing bodies must determine how much additional right-of-way they wish to purchase. She reviewed the two processes available, and asked the Commissioners if they want to proceed with negotiations at the same time that quiet title is being sought or if they wish to wait until after the court decision has been made on how much right-of-way is provided for this roadway. Mayor Stueck suggested that negotiations could be based on a per-square-foot price. He noted that it may be possible to negotiate that price prior to the court's final decision, so that once the right-of-way has been established, the purchase of additional right-of-way could be expedited. . Responding to Commissioner Youngman, the Assistant Planner stated that there are a total of thirty parcels along which additional right-of-way is needed. He noted that four of those parcels are within city limits, and a pre-application for a preliminary plat has been recently submitted for the largest of those parcels. He indicated that the remainder of the parcels are located in the county. 03-10-97 ... - ---..--...-. ___no .__ _... ~ 9 - County Commissioner Bill Murdock noted that the transportation plan has designated this roadway as an arterial and asked the City Commissioners to identify the amount of right-of- way they need to create the desired facility. He then noted that, quite some time ago, the County Commissioners made a commitment to pay the costs that would be incurred by those . in County Zoning District No, 1 for upgrading this roadway. Mayor Stueck forwarded his support for a 90-foot right-of-way and for pursuing both the quiet title action and negotiating with property owners simultaneously, Commissioner Frost stated his concurrence with the Mayor's comments, Commissioner Stiff indicated his support for acquiring 90 feet of right-of-way, He stated, however, that he feels the legal determination should be made before negotiations are undertaken so that all parties involved know what is being negotiated. Commissioner Rudberg noted that the majority of the negotiations must be undertaken by the County, and she feels that they should be the ones to determine the process to be followed, She suggested that if they want to talk to the residents before the right-of-way has been established, then they should be encouraged to do so, . Commissioner Youngman noted that those who reside along West Babcock Street seem to be the most frustrated about the condition of the existing roadway and the most interested in seeing it improved. She then indicated her interest in talking to the residents before any court action is pursued. County Commissioner Jane Jelinski stated her support for pursuing the 90-toot right- of-way and beginning discussions with the neighborhood about the cost per square foot betore the court rules on the width of the existing right-ot-way. She noted that the County has had a good relationship with the citizens in this neighborhood, and she feels it is important to talk to them before any court actions have occurred. She also stressed her interest in approaching this issue in a positive and friendly manner, avoiding the adversarial situation that condemnation would create, if at all possible. . Commissioner Youngman suggested that sidewalks could be curved around the mature trees wherever possible, to protect as much of that vegetation as possible. Road Superintendent Sam Giantrancisco stated that the residents along West Babcock Street consider themselves a neighborhood, and they are concerned that a wide street will 03-10-97 - 10 - reduce the neighborhood feel. He further noted that residents, particularly the elderly, are concerned about the speed with which traffic may move when the street is widened. City Engineer Brawner stated the roadway is approximately 20 feet wide, which is quite narrow for such a busy road. He noted that recent traffic studies revealed the 85th percentile speed was between 38 and 42 miles per hour. . County Road Superintendent Gianfrancisco stated that a speed study conducted a few years ago netted essentially the same results. City Attorney Luwe requested that the Commission authorize staff to communicate with the owners of the city parcels about right-of-way acquisition while court action for quiet title is being pursued. The Commissioners concurred, recognizing that opening the lines of communication with the residents in that area is the preferred alternative. Acting City Manager Brey reminded the Commission that a source of funding must be identified for right-of-way acquisition, so this item will once again be before the Commission for action. County Commissioner Jane Jelinski stated that Deputy County Attorney Gerry Higgins . is preparing a modification to the Interlocal Agreement for the City-County Health Board, and has requested that the City act on it as soon as possible. City Attorney Luwe stated that the County Attorney's Office is to be dealing with his office in preparing some changes before it is forwarded to the Commission for action. County Commissioner Jelinski stated the County has received a letter from the Montana Department of Transportation confirming that the County has approximately $100,000 in CTEP monies which have been set aside for improvements along West Babcock Street. County Commissioner Jelinski noted that she and Acting City Manager Brey recently attended a 9-1-1 communications center meeting, at which estimates for renovating space and . acquisition of equipment were forwarded. She expressed concern about spending a large amount of money to renovate the existing dispatch area when it is recognized that it will only serve as a temporary location. She further noted that Mr. Brown has mentioned the City will be relocating its Fire Station No.2 and that the building would be a good location for the 9-1-1 communications center. 03-10-97 - 11 - Acting City Manager Brey cautioned that relocation of Fire Station No.2 is not a preferred alternative, and suggested that another facility be considered for the 9-1-1 communications center. The County Commissioner then noted that the hearing on an additional 30 cents per month for 9-1-1 services that was held in the Senate went well, and it appears the legislation . may pass. County Commissioner Bill Murdock asked about the status of the application for abandoning several street rights-of-way within the Fairgrounds. He recognized that the City has been very cooperative in designing a sewer extension into the extension of Oak Street, and thanked them for that. Mayor Stueck noted that he and Commissioner Rudberg met with representatives from the Department of Fish, Wildlife and Parks regarding flooding and beaver dams. He suggested that the County should probably participate as well in developing long-range plans and coordinating efforts to address those issues. The City Commissioners and County Commissioners set the next joint meeting for . 4:00 p.m. on Monday, April 14. Discussion - FYI Items Acting City Manager Brey presented to the Commission the following "For Your Information" items. (1 ) Letters from Charles M. Paden, 507 Ice Pond Road, dated March 7, and Bob Evans, 604 South Willson Avenue, dated January 28, expressing concerns about the beaver dams in Sourdough Creek. (2) Memo from the Headwaters Cooperative Recycling Project announcing that the next meeting is scheduled for 10:00 a.m. on Wednesday, March 12, at the Courthouse, along with a draft request for proposals. . (3) Letter from the Montana Department of Commerce, dated March 7, providing an update on changes in the Treasure State Endowment Program, as proposed in SB88. (4) Copy of a letter to the editor from Carrie R. Leu, 35 Galahad Way, regarding connection to the City's sewer treatment system. 03-10-97 -..---- . 12 . (5) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, March 11, at the Courthouse. (6) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, March 11, in the Commission Room. (7) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on . Tuesday, March 11, in the Commission Room. (8) The Acting City Manager presented his weekly report, as follows. (1) Stated he has received notification that the Police Department has been awarded a $100,000 grant to address domestic violence and child victimization in Bozeman and Gallatin County. He noted that these monies are to be used exclusively for equipment and training, and no local match is required. (9) Commissioner Frost expressed concern about the information forwarded in the article in today's Bozeman Daily Chronicle about industries voluntarily acknowledging pollution, since it appears they would not be held liable for that pollution and would be able to write their own proposed remedies. . City Attorney Luwe stated that the proposed remedies must be approved by either the state or the federal government. (10) Mayor Stueck asked for a status report from each of the Commissioners on reviewing the applications for City Manager. Mayor Stueck, Commissioner Rudberg and Commissioner Stiff turned in their lists of top candidates, which ranged from eleven to fourteen candidates. Commissioner Frost and Commissioner Youngman stated they have not yet completed their initial reviews of the applications, but indicated their intent to have top candidates selected by next Tuesday. Clerk of the Commission Sullivan stated she will compile the information submitted . by the Commissioners and submit a comprehensive list back to them as soon as possible after receiving lists from all of the Commissioners. (11 ) Commissioner Rudberg submitted the following. (1) Attended the recycling meeting last week. She distributed information on using glass in asphalt for lower traffic areas, such as parking lots. (2) Stated that she and Mayor Stueck attended the table top exercise 03-10-97 -- --- ... --.---.--- - 13 - held at the Fire Department last week, where people reacted to an 840,000 gallon gasoline spill at the Conoco bulk plant. ( 12) Commissioner Stiff submitted the following. (1) Attended the Senior Center Board meeting last week. He noted that the contractor is working on expansion of the building and, while some of the activities inside the building have been relocated, they continue to . operate well. (2) Noted that, after reviewing the applications for City Manager and after sitting through two other selection processes, he feels the Commission has a long way to go before selecting a final candidate. He recognized the quality of the candidates, noting it was difficult to develop the initial list. (13) City Attorney Luwe stated that last week, he met with one defense counsel who was unhappy with the City's aggressive, proactive approach to domestic abuse. He stated that he does not intend to change his approach to those types of cases. (14) Mayor Stueck submitted the following. (1) Reviewed information on an upcoming meeting of the Gallatin Conservation District on March 26 and of the Gallatin County Fairgrounds improvements, including the new multi-purpose building at 6:30 p.m. on March 12. . (2) Suggested that those who participated in obtaining the grant for the Police Department be recognized. Acting City Manager Brey stated that Darcy Dahle, Mel McCarver, James Goehrung and Susan Wordal were involved in that process. (3) Concurred with Commissioner Stiff on the caliber of applications received for the position of City Manager. (4) Announced that he will attend the City-County Health Board meeting tomorrow morning. (5) Stated that steps are being taken to possibly relocate the students from Sacajawea Middle School if the anticipated flooding occurs. (15) Commissioner Rudberg expressed concern about the recent article in the Bozeman Daily Chronicle regarding the child who was hit in the crosswalk on North 7th Avenue at West Villard Street, particularly since that article quotes Commissioner Frost's comments . regarding sidewalks. She indicated a willingness to discuss sidewalks at the Commission desk; but she does not feel that a newspaper article about a severely injured child is the place to do it. Commissioner Frost stated he believes in pedestrian safety, both through pedestrian crosswalks and sidewalks. He then stressed that he said nothing to the reporter that he has not said from the Commission desk. 03-10-97 ....- .-..--- .--.-....-- - 14 - Commissioner Youngman stated that the reporter from the Bozeman Daily Chronicle interviewed both Commissioner Frost and her, and not all of their comments were included in the newspaper. She further noted that they were asked to identify the different types of solutions which the Commission has discussed. Commissioner Stiff indicated he was also concerned about the newspaper article, and . encouraged all Commissioners to be careful when talking to reporters since many people know only what they read in the newspaper. Adjournment - 5:35 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. . ( GOY! L"47hP./~ DON E. STUECK, Mayor ATTEST: C2tJ~ ROBIN L. SULLIVAN Clerk of the Commission . 03-10-97