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HomeMy WebLinkAbout1996-12-09 Minutes, City Commission MINUTES OF THE WORK SESSION/AGENDA MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA December 9, 1996 ***************************** . The Commission of the City of Bozeman met in work session and agenda meeting in the Commission Room, Municipal Building, December 9, 1996, at 3:00 p.m. Present were Mayor Stueck, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman, City Manager Wysocki, Staff Attorney Cooper and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Agenda Meeting - for regular meetina and Dublic hearina to be held on December 16, 1996 Since this is an agenda meeting, only those issues requiring staff action are contained in the minutes. . City Manager Wysocki briefly reviewed the background information which was included in the Commissioners' packets. (4) Project Planner Christopher Williams gave a brief overview of the revisions to the proposed sign code, which was included in the Commissioners' packets, concentrating on Sections 18.65.190.C. and 18.65.190.D. He then responded to several questions from Commissioners, stating that these two sections are designed to eventually eliminate all non- conforming signs without requiring full compliance immediately in certain instances. Responding to Commissioner Stiff, the Planner stated that business owners must still obtain the necessary building and sign permits to erect new or modified signs. Commissioner Youngman expressed concern that the language, as proposed, provides a possible loophole under which signs of the same size could be retained, even if those signs . are non-conforming. Commissioner Frost expressed similar concerns. The Project Planner responded that, while he does not believe the language is a problem, he will review it with the City Attorney. (17b) Commissioner Stiff asked about the differences between this resolution and the resolution which originally established the ICMA RC program for City employees. 12-09-96 ---- .,..._,.. -. .-- -- - .------ - 2 - Clerk of the Commission Sullivan responded that additional information will be provided in next week's packet. She noted that this resolution recognizes the recent changes in federal law and IRS regulations pertaining to retirement accounts. (20) Historic Preservation Planner Strahn provided a brief overview of this . application, noting that both staff and the Design Review Board have forwarded recommendations for approval. Work Session - fA) Presentation of Dreliminarv design for West Oak Street between. North 7th Avenue and North Rouse Avenue - Peccia and Associates; and (8) Review Drocess for setting of goals for Fiscal Year 1997-1998 (A) Presentation of preliminary design for West Oak Street between North 7th Avenue and North Rouse Avenue - Peccia and Associates Included in the Commissioners' packets was a memo from Project Engineer John Pavsek, dated December 4, along with a copy of the preliminary design for West Oak Street between North 7th Avenue and North Rouse Avenue, as prepared by Peccia and Associates. Project Engineer John Pavsek provided a brief overview, noting that this segment of roadway was identified in the Bozeman Urban Transportation Plan 1993 Update, as a part of . the northwest arterial loop which will eventually connect North 19th Avenue with Highland Boulevard. He noted that it is the fourth item in the list of 18 projects to be funded through the general obligation bond issue which was recently approved by voters. He stated it is anticipated that this segment of new roadway will relieve traffic congestion on Durston Road, West Tamarack Street and Griffin Drive. The Project Engineer stated that the preliminary design has now been developed with existing budget constraints in mind. While an urban arterial roadway is typically four lanes wide with a center turning lane, shoulders, curb, gutter and sidewalks, the design for this roadway is significantly reduced to meet the budget. He indicated that a rural arterial road section is to be used for the initial extension of this roadway, with a transition to more urban standards at . each end. He stated that this will minimize the right-of-way necessary for the road, yet the road will meet current needs as well as the projected needs for many years. The Project Engineer stated that the designing of water and sewer systems has been an important consideration in this project. He noted that water mains currently extend the full length of this project. A review of the sewer system revealed that there are no sewers along 12-09-96 - 3 - this street alignment, although there are a number of sewer mains to the north, east and west of this roadway. He indicated that an evaluation of these sewer mains revealed that they are accessible and will provide adequate service to the area along both sides of the Oak Street alignment without the need to extend a sewer main along the street. . Project Engineer Pavsek stated that acquisition of needed right-of-way accounts for a significant portion of the costs of this project. He noted that a 30-foot-wide right-of-way easement from Gallatin County provides a portion of the right-of-way needed for this project; however, right-of-way must still be acquired from the Pea Cannery, the Montana Department of Transportation, Gallatin County and the Westlake family. He then forwarded the cost estimates for this project, which total $1.2 million, based on the preliminary design. Mr. Hisham AbdelAziz, Robert Peccia and Associates, stated this project is being designed in two stages. He noted that the section between North 7th Avenue and North 5th Avenue is to be at an urban standard, which will include two 12-foot-wide driving lanes, one 14-foot-wide left turn lane, 6-foot-wide shoulders and curb and gutter. At North 5th Avenue, it will taper to a rural section, including two 12-foot-wide driving lanes, two 5-foot-wide paved . shoulders and ditches and fill as necessary. At the Birch Street alignment, the roadway will once again taper back up to the urban standard to the intersection with North Rouse Avenue. He stated that once development occurs along the roadway, the City may wish to increase the roadway to a full arterial section, which includes four 12-foot-wide driving lanes, a 14-foot- wide left turn lane, storm drainage, curb, gutter and sidewalks. He stated the estimated cost for that type of roadway is $4 million, including right-of-way acquisition. Mr. AbdelAziz stated that a review of the proposed intersection with North Rouse Avenue reveals that three of the eleven warrants for a traffic signal will be met when the roadway is installed. He estimated the cost of installing a signal at $150,000, noting that since North Rouse Avenue is a State highway, any signal installation must be coordinated with the Montana Department of Transportation. He indicated that some improvements on North Rouse . Avenue at East Oak Street may be needed, particularly to provide a left-turn lane for northbound traffic. Responding to the City Manager, Project Engineer Pavsek stated that if the right-of- way can be acquired quickly, the bid for this project will probably be let in April, with construction of the roadway being completed next summer. 12-09-96 --------- - 4 - Responding to questions from the Commission, the Project Engineer indicated that the baseball field at the Fairgrounds will not be affected by the proposed alignment of Oak Street, although it will probably be necessary to install a net in the outfield to ensure that balls are not hit into the street. He then indicated that under this proposal, the right-of-way will be acquired . in two segments, assuring the Commission that the additional right-of-way will still not impact the baseball field. City Manager Wysocki suggested that, wherever possible, it would be best to obtain the full right-of-way at this time, rather than in two stages. Responding to Mayor Stueck, City Engineer Craig Brawner stated that, if there is actually dedicated right-of-way for the Oak Street alignment, vacation of that right-of-way could possibly be used to offset acquisition of the new right-of-way. He cautioned the Commissioners, however, that vacation of a dedicated right-of-way is subject to its own process, which includes a public hearing. Mayor Stueck noted that the City has dedicated rights-of-way for streets through the Fairgrounds at the present time, including North Tracy Avenue. He suggested that those rights- . of-way, if vacated, could be used to offset some of new right-of-way dedication for the new alignment of East Oak Street. Responding to Commissioner Rudberg, Project Engineer Pavsek stated that, hopefully I this project will include minimal work on North Rouse Avenue. He noted, however, it should be possible to either pull the wires or install conduit under the roadway at this intersection to allow for easy installation of traffic signals. Responding to Commissioner Frost, Mr. Gordon larson, Robert Peccia and Associates, stated that, while he has talked to the landowners about the extension of this roadway, he has not discussed acquisition of the right-of-way with them. He noted that, immediately after the first of the year, he intends to begin that process. In response to County Planning Director Dale Beland, Project Engineer John Pavsek . showed a map of the area, with the existing sewer mains. He stated that there are two different sewer mains to the west which end at approximately North 5th Avenue and either one of those mains could be extended to serve a portion of the Fairgrounds property, while the main in North Rouse Avenue could be extended to serve the eastern side of the property. He noted that, with these two sewer main extensions, approximately 80 percent of the Fairgrounds 12-09-96 ---.-.---..-..---. .... - 5 - property could be sewered. He stated that another alternative would be to extend a new sewer main northward to the railroad right-of-way, then follow that right-of-way to the sewer trunk line. He noted that this option would allow for sewering of the entire Fairgrounds and would accommodate development of the vacant land immediately to the north. He estimated the cost . of this project at $63,000 plus right-of-way acquisition costs. Representatives from the County, City staff and the City Commissioners all expressed their preference for installing one sewer main that would serve the entire area instead of extending two existing sewer mains which would still not serve all of the Fairgrounds property. County Road Superintendent Sam Gianfrancisco stated he feels that the sewer main should be part of the Oak Street project. He stated that, within the next year, the County plans to build an office building at the Fairgrounds as well as new shops. He suggested that installing the sewer main at this time would be more appropriate than tearing the new street up within a year to do so. He then indicated that the installation of the sewer main could be a part of the negotiations for additional right-of-way from the County. City Engineer Craig Brawner cautioned that the City does not have the right-of-way . for the proposed new sewer main, and its exact alignment and depth are not known. He then recognized the importance of not tearing up a new street to install that main, and suggested that installation of a conduit under the roadway at the anticipated location for crossing would be appropriate. City Manager Wysocki reminded the Commission that any costs incurred by the City for sewer main extensions would be paid from the Wastewater Fund, which is in a deficit position. Commissioner Stiff questioned why the proposed Oak Street alignment does not extend straight to North Rouse Avenue, but curves south to the Birch Street alignment. Mr. AbdelAziz responded that the Pea Cannery and Weissman buildings are located in the Oak Street alignment, and removal of those buildings would be a considerable expense. . He further noted that a straight alignment would result in the intersection of these two arterials being very close to the railroad tracks, which is not desirable. Also, with the anticipated future extension of Front Street to Highland Boulevard, the Birch Street alignment is preferable to the Oak Street alignment. 12-09-96 - 6 - Project Engineer Pavsek indicated the next step is for the Commission to determine whether the preliminary design for Oak Street is acceptable and, if so, direct staff and the consulting engineer to proceed with right-of-way acquisition and final design. Mayor Stueck requested this item be placed on next week's agenda for action. . (8) Review process for setting of goals for Fiscal Year 1997-1998 Included in the Commissioners' packets was a memo from City Manager Wysocki, dated December 3, forwarding a proposed process for establishing goals for the upcoming fiscal year. City Manager Wysocki stated that the process outlined in his memo is the same as the process followed last year. He reminded the Commission that Commissioner Stiff has requested the budgeting process be completed sixty days earlier than it has been in the past, which means that the Commission's goal setting process must be started immediately after the first of the year and completed by the end of January. He then briefly reviewed the steps in the process, noting that it begins with staff members submitting their goals, which are then reviewed by the Commissioners prior to their brainstorming session. He suggested that last . year's process, which included time for the Clerk to type all of the goals and post them prior to the combining and prioritizing of goals, worked well and should be included in this year's process. Responding to Mayor Stueck, the City Manager noted that determining short and long~ term goals was included in the format for last year's goal setting process, but the Commission did not complete that step. He encouraged them to do so this year, stating it is important to identify those goals which will take longer to complete. Commissioner Stiff noted that the Gallatin Valley Tomorrow project is beginning another concerted round of meetings this week and asked when that project is to be completed, with its vision statement and goals. He suggested that the Commissioners should . have an opportunity to review the information from that project prior to brainstorming on possible goals for the City for the upcoming year. The City Manager cautioned that, to meet the new budgeting schedule, staff must begin preparing proposed budgets for the upcoming year the first part of February, and it is important to know the Commission's goals prior to beginning that process. 12-09-96 - 7 - Commissioner Youngman expressed concern about the second and third sentences under Section II, which read "The person that proposed must agree that the ideas are the same or alike. If not, the ideas remain on the table for consideration as another statement." She noted this is the portion of the process with which she had problems last year, since it allows . a single Commissioner to prevent two or more goals from being combined together into a goal that can be supported by all Commissioners. She further noted that under this process, once a Commissioner indicates an unwillingness to combine his/her goal with others, then all discussion on that goal is stopped, and that is counterproductive when trying to build consensus. She proposed that this section be reworded to reflect that an effort will be made to reach consensus in wording and combining of similar or like goals. If consensus is not reached, a majority can agree. She noted that, without a majority agreeing on the combining or rewording of two goals, they will remain separate. She characterized this change as creating a more informal process which encourages consensus building, rather than allowing a Commissioner to maintain his/her goal as a separate item. Commissioner Rudberg noted her preference for last year's process, stating she feels . there was adequate opportunity for discussion while allowing a Commissioner to ensure that the concept of his/her goal remained intact. Commissioner Youngman cited the combining of goals regarding protection of the stored water rights in Sourdough Creek, through the eventual building of a new dam, and goals regarding water conservation into a single goal during the process two years ago, which resulted in a goal that was supported by all five Commissioners. Commissioner Stiff stated that is what prompted his concern. He noted that, while each of the Commissioners supported a segment of that goal, there were other parts with which at least he was uncomfortable. He forwarded his support for the process as proposed by the City Manager, stating it ensures against the combining of goals if the writer of a goal feels it is inappropriate. . Commissioner Youngman suggested that if two or more Commissioners are trying to combine goals and if one Commissioner is still allowed to keep a goal from being combined with others, it might be possible to change the wording in the other goal to obtain the consensus of a majority of the Commissioners. She noted that this would then give the Commissioners an option when establishing the top priority goals for the upcoming year. 12-09-96 . .--.----- -- ..- ---.- ... .-.-.- - ..---.---- -.--..- - 8 - Following Commission discussion, City Manager Wysocki suggested that Section II could be revised to allow for discussion about combining of goals, providing there is a consensus among the Commissioners, and indicated that he will prepare alternative language for Commission consideration. He asked, however, that the facilitator be given the ability to . determine when enough discussion has occurred and it is time to move on. Mayor Stueck suggested that the determination of long-term and short-term goals be made earlier in the process, noting that could impact the priorities established. City Manager Wysocki indicated that he will talk to a professional facilitator about that issue and report back to the Commission. Commissioner Stiff requested that any proposed revisions in the language to Section II not contain the word "consensus". He suggested that little rewording of that section is needed to provide the type of Commission discussion which Commissioner Youngman is seeking. The City Manager stated he will prepare revised wording for consideration at next week's Commission meeting. . Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Memo from Deputy Clerk of the Commission Erlandson, forwarding an invitation from Sally Christie to attend a potluck dessert social for the Coalitions of Montanans Concerned With Disabilities, scheduled for noon on December 11 at the Senior Center. (2) Memo from Sandra Smiley, dated December 3, forwarding information on electric school buses. (3) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, December 10, in the Commission Room. . (4) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, December 10, in the Commission Room. (5) Agenda for the Historic Preservation Advisory Commission meeting to be held at 7:00 p.m. on Tuesday, December 10, at the Carnegie Building, along with minutes from their November 19 meeting. 12-09-96 - 9 - (6) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, December 10, at the Courthouse. (7) The City Manager submitted his weekly report, as follows. (1) Noted that a review of the packet for the upcoming Health Board meeting revealed that a staff member . is to be hired to work on the water quality district. He noted that the City advanced $22,000 to that program several years ago, and asked that the Mayor forward the City's interest in repayment of that advance as quickly as possible. (2) Announced that five bids were received for the Senior Center expansion, and they are currently being reviewed in anticipation of a recommendation being forwarded to the Commission for consideration at the December 16 meeting. (3) Announced that only one bid was received for trucks for the Water Department, and noted that staff will probably recommend rebidding. (4) Stated that the Library Board of Trustees has requested an opportunity to present its annual report at next week's meeting. He indicated that this will be placed as the first item on the agenda. (5) Attended the MMIA Board meeting in Helena on Friday. He indicated that both the workers' compensation and liability programs were reviewed at that meeting. He indicated that a personnel specialist has been . retained to work primarily with smaller communities in evaluating their policies for risk management, noting that the City may use that individual for some training. (6) Attended the MSU Community Relations Committee meeting on Thursday, at which the calendar of events for the upcoming year was reviewed. (7) Met with representatives from the Humane Society last week regarding the proposed location of their new structure. At that time, he gave them a copy of the City's lease with the County for the Law and Justice Center, suggesting that a similar lease for the Humane Society would be appropriate and provide adequate protection for both parties. (8) Stated that a conversation with representatives from Montana State University revealed that, if the weather cooperates and if adequate lighting can be installed to ensure the safety, South 11 th Avenue should be reopened some time next week. (8) Commissioner Youngman submitted the following. (1) Introduced Kyle . Story, a Boy Scout attending this meeting to obtain his citizenship in the community badge. (2) Noted that she and Commissioner Rudberg attended the Rebuild America Workshop held last week. She stated the possibility of Bozeman becoming a lead community regarding energy savings is intriguing. (3) Indicated that she wrote to the EPA requesting information on the beneficial use of landfill gasses, and received a "huge packet" of valuable information. She 12-09-96 - . - .. ..._ _ __.___ _._n____ ___._ ___._ _on_____.. ._..__ - 10- briefly reviewed that information, then forwarded it to City Engineer Brawner for his review. She noted that the EPA is willing to further assist the City in digesting that information and determining what type of program might work at the local landfill. (4) Noted that a resident in the neighborhood conservation overlay district is interested in repairing her home, being . sensitive to its historic integrity. She stated this is expensive, and the individual is having She then suggested the Historic Preservation Advisory difficulty in covering the costs. Commission be approached about seeking monies through grants or some other source to establish a revolving loan fund to assist those who are interested in rehabilitating their homes in an historically sensitive manner, possibly at no interest. (9) Commissioner Youngman stated she has received a memo from City Attorney Luwe, dated December 9, responding to her question about a moratorium on the number of video gaming machines per establishment. She expressed concern that the current moratorium on applications for casinos does not affect the ability of existing establishments to increase the number of machines. She suggested that, to avoid a rush to install more machines, the Commission consider adopting another emergency interim zoning ordinance to . prohibit increasing the number of gaming machines. City Attorney Luwe indicated he will provide a copy of the memo to all of the Commissioners. He then reminded the Commissioners that the definition of "casino" in the zone code amendments currently under consideration is set at fourteen machines, and they have directed staff to bring back a new amendment with a revised definition, lowering the number of machines to five. He stated that a telephone call to the Department of Justice revealed it is difficult to determine whether there has been an increase in the number of applications to add gaming devices from establishments in Bozeman without doing some research, and he has not requested that the research be done. He then stated that if the Commission wishes to consider an emergency ordinance, it must give seven day's notice in the newspaper and then conduct a public hearing before making a decision on whether or not to . adopt the ordinance. In response to the City Attorney, a majority of the Commissioners forwarded an interest in conducting a public hearing on a proposed emergency interim zoning ordinance at the December 23 meeting. 12-09-96 - 11 - (10) Commissioner Rudberg submitted the following. (1 ) Attended the Development Review Committee meeting on Tuesday. (2) Attended the City-County Planning Board meeting on Tuesday evening. She noted that the Board has made good progress in developing a proposed zone code amendment to create an ADRP. She indicated that the Board . has also worked on streamlining of the PUD chapter of the code, and has included the ADRP in that section. (3) Stated that she and Commissioner Stiff attended the Gallatin Development Corporation's field trip, which included site visits to Video Lottery Technologies, Scientific Materials and the Eco Farm. (4) Attended the Recreation and Parks Advisory Board dinner and meeting on Thursday evening. (5) Attended the Rebuild America Workshop, at which she received a packet of information. She then suggested that this packet be circulated among the Commissioners so that everyone has an opportunity to review it. (6) Expressed concern about the number of budgetary references which are showing up in minutes from advisory board meetings, particularly in light of the constraints facing the City. (7) Suggested that the Commissioners begin participating in Blue Jeans Friday. (11 ) Commissioner Rudberg noted that the Planning Board has begun to include . an item on its agenda under which people may speak within specific guidelines. She suggested that the Commission consider a similar item on its agenda, so the public can be heard without the requirement for an agenda item. City Attorney Luwe recognized this type of agenda item could be added to the Commission's agenda if they so choose. He cautioned, however, that care must be taken to ensure that the Commission takes no action and does not commit to taking action in the future because there is no opportunity for public notice or public comment. ( 12) Commissioner Stiff submitted the following. (1) Noted that it was a busy week, but all of his City activities have been alluded to by others. (2) Attended the Senior Center Board meeting at which the bids for expansion of the facility were discussed. He noted that the low bid for the base bid and two of the three alternates was under the architect's . estimate. The seniors have raised $130,000 + toward this project and recognize it will be necessary to borrow the remainder. In light of that they have made arrangements for a line of credit at a local bank, with payments to be made from their revenues. (3) Noted that, while sitting in the Senior Center Board meeting, he saw a man with four dogs and no leashes in the adjoining park. (4) Stated that when his wife visited their son's grave on Saturday, she saw 12-09-96 ....-...-".-- - 12 - a moose in the cemetery. (51 Stated that, as a retiree, he has been able to assist a family in passing a business between generations, and it was a gratifying experience. (6) Attended the red and black scrimmage and dinner at the High School. He stated the talent shown during that scrimmage was the best he has seen in each of the four grades, which indicates the team . should be a good one this year. (1) Noted that copies of the draft (13) Mayor Stueck submitted the following. vision statement and goals for Gallatin Valley Tomorrow have been placed in the Commissioners' mailboxes. (2) Noted the grand opening of the new Gallatin Field terminal is set for 10:00 a.m. on Wednesday, December 11. (3) Forwarded to the Commissioners an invitation to attend a lunch at the GranTree on Monday, December 16, for George Ruff, retiring Montana Vice President for US West Communications, and for Rick Hayes, incoming Vice President. (4) Stated he will attend the Health Board meeting on Wednesday morning. Adjournment - 5:03 p.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. ((2, L /J~ DON E. STUECK, Mayor ATTEST: ~ J~~" ROBIN L. SULLIVAN Clerk of the Commission . 12-09-96 ___._...n..__-...__