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HomeMy WebLinkAbout1996-06-10 Minutes, City Commission -- MINUTES OF THE WORK SESSION/AGENDA MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA June 10, 1996 ********************** ******* . The Commission of the City of Bozeman met in work session and agenda meeting in the Commission Room, Municipal Building, June 10, 1996, at 3:00 p.m. Present were Mayor Stueck, Commissioner Stiff, Commissioner Frost (arrived at 4:02 p.m.), Commissioner Youngman, City Manager Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan. Commissioner Rudberg was absent in compliance with Section 7-3-4322(2), M.C.A. The meeting was opened with the Pledge of Allegiance and a moment of silence. Authorize absence of Commissioner Frost from meeting. in comDliance with Section 7-3-4322(2), M.C.A. City Manager Wysocki stated that Commissioner Frost has requested that his absence from this meeting be authorized due to a conflict with his employment. He has indicated that . he will attempt to attend at least the last portion of the meeting, but has requested the authorization of his absence to avoid any potential problems that might arise if he is unable to do 50. It was moved by Commissioner Stiff, seconded by Commissioner Youngman, that the Commission authorize the absence of Commissioner Frost from this meeting in compliance with Section 7-3-4322(2), M.C.A. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Youngman and Mayor Stueck; those voting No, none. Aaenda Meetina - for reaular meeting and Dublic hearinas to be held on June 17. 1996 . h. Since this is an agenda meeting, only those issues requiring staff action are contained In t e minutes. City Manager Wysocki briefly reviewed the background information which was included in the Commissioners' packets. (5) Assistant Planning Director Arkell reviewed the background information, reminding the Commission that the subject property has been recently annexed and rezoned 06-10-96 -----.-"..--.-.... .- - 2 - to R-MH. She noted that expansion of the existing mobile home park has been the underlying intent of those actions. She stated that under this application, West Mendenhall Street is to be constructed as a public street, meeting City street standards; and Meghan's Way is to be constructed as a private north/south street through the park. The applicant has requested a . variance to allow a 22-foot-wide street without curb and gutter; and the Planning Board has recommended denial of the request. The applicant has also requested a variance to the requirement that lots be a minimum of 50 feet wide on Lots 2 through 12, Block 1, since those lots already exist and range from 46 to 48 feet in width; and the Planning Board has recommended approval. Responding to Mayor Stueck, the Assistant Planning Director stated that with this subdivision, West Mendenhall Street will extend from Hunters Way eastward; and with the development of Yellowstone Peaks Subdivision, it will be extended to Western Drive. The Assistant Planning Director reviewed the parkland dedications in the immediate area, noting that the park area for this development is designated as private, while part of the parkland dedications in the immediate area are public. She noted that the Planning Board . considered the possibility of adding a condition to require that the parkland along the north end of this subdivision be the subject of an easement designating it for public use; however, they did not add the condition in the motion. Mayor Stueck requested that staff remind the Commission of this possible additional condition at next week's meeting. (6) Assistant Planner Jody Olsen reviewed the background information for this application, noting the subject site is located in the southeast corner of the Emerson Cultural Center, and highlighted several of the recommended conditions for approval. Responding to Mayor Stueck, the Planner stated that the fire sprinkler system for the entire building was not considered during review of this application. . Responding to additional questions from the Mayor, Planning Director Epple stated that a Conditional Use Permit is attached to the property. He then noted the State has indicated it intends to make its decision on the new beer and wine license in September. (8) The City Manager stated this item will be removed from the agenda. ( 1 Oe) Responding to Mayor Stueck, City Attorney Luwe stated that under this security agreement, the local Harley Davidson dealer will allow the Police Department to use 06-10-96 - 3 - a new motorcycle for its policing activities. He noted that if the motorcycle is returned by a specific date, in good condition, the City will incur no costs for its use. (13) Historic Preservation Planner Derek Strahn provided background information on this application, noting that the Design Review Board reviewed this application on May 29, . and forwarded its recommendation for denial because of concerns expressed by adjoining property owners. He stressed that the DRB recognized the architectural merits of the design and the fact that the proposed addition is in general conformance with the standards by which certificates of appropriateness are reviewed. He stated that on Thursday, he met with the applicant, architect and adjoining property owners; and they reached a compromise that appears to be acceptable to all parties involved. He has asked that all of the parties involved write letters forwarding their versions of the compromise reached, so they may be included in next week's packet for Commission consideration. He suggested that if the Commission wishes to consider approval of this application, one of the conditions should be that the final design be subject to review and approval by the Design Review Board. Responding to the City Manager, the Historic Preservation Planner stated that if the . applicant and the adjacent property owners are unable to reach a satisfactory compromise prior to the Design Review Board meeting, this application may be returned to the Commission for final action. (14) Historic Preservation Planner Strahn provided a brief overview of the proposed project, noting the subject property is also the subject of a minor subdivision plat because it is to be divided into three lots to accommodate existing development plus a new residence and garage. Letters of concern have been forwarded to the Planning staff because access for two of the lots is to be from Perkins Place, which is a narrow, unimproved street. (15) Planning Director Epple reviewed the variances requested, noting that staff has recommended approval, subject to conditions. . Responding to Mayor Stueck, the Planning Director stated that "large trees" are a minimum 2 % -inch caliper. He characterized these as being "balled and burlaped" and larger than potted trees. (16) Director of Public Service Phill Forbes showed the Commission a plan for construction of a cul-de-sac on South Third Avenue, immediately north of its intersection with Kagy Boulevard, to create a four-legged realigned intersection of Kagy Boulevard/South Third 06-1 0~96 - 4 - Avenue/South Willson Avenue. He noted that the intersection improvements have been accelerated through approval of the $5 million general obligation bond issue. He stated that the City Attorney has determined closure of a street must go through the process established in State statute, which requires a petition from 50 percent or more of the property owners . affected by the proposed closure and conducting a public hearing. The Director showed the Commission an alternative proposal, under which access to South Third Avenue from Kagy Boulevard would be limited and, through the installation of a raised median on Kagy Boulevard and a bulb on South Third Avenue, only right turns would be allowed from Third onto Kagy. He noted that this alternative would not result in closure of the street. He indicated that, prior to next week's public hearing, he plans to obtain an opinion from an independent consultant on whether this proposed alternative would be acceptable and whether signalization of the intersection seems to be warranted. Responding to questions from Commissioner Youngman, the Director stated that no traffic counts have been taken to determine the levels of northbound and southbound traffic that currently use South Third Avenue. He then indicated that, with the limited movements . allowed under the proposed alternative, concerns about the close proximity of this intersection to the major intersection are somewhat mitigated. Responding to Mayor Stueck, Director of Public Service Forbes stated that, prior to next week's meeting, he will try to obtain the timeline for bidding of the realignment of the intersection. Work Session - (A) Procosed revisions to annexation colicy: (B) Ucdate re North 19th/Oak corridor sub-area master clan - Planning Director: (C) UDdate from Barrv O'Connell re Bozeman Solvent Site: (D) Possible executive session re litiaation. (A) Proposed revisions to annexation policy City Manager Wysocki distributed copies of the revised annexation policy to the . Commissioners, noting that the changes have been highlighted. He briefly reviewed those changes, which are designed to clarify and simplify the policy. Mayor Stueck distributed copies of a flow chart for processing of annexation requests, expressing his interest in seeing that timeline shortened. City Attorney Luwe cautioned that much of the time reflected in the flow chart follows the Commission's decision to proceed with annexation. He noted that this step 06-10-96 -- --- ----..------- _______..__.___ __n___._. _.__. ___.._______._.__.._ _ - 5 - involves the development and execution of the Annexation Agreement and satisfying the conditions which have been attached to approval of the annexation; and the applicant controls the amount of time those steps take. Assistant Planning Director Debbie Arkell noted that at the present time, it is an . unwritten policy established by the Commission that the annexation application be forwarded to the Commission for aCknowledgement before staff begins to prepare its staff report; and that process can take two to three weeks. She stated that this step lets the Commission know early in the process that the application has been received. Mayor Stueck suggested that the Commissioners be notified of receipt of a request for annexation under "FYI Items", which could speed up the process. City Manager Wysocki noted that one of the purposes of having the Commission acknowledge receipt of an application for annexation was to allow them an opportunity to make a determination not to proceed with consideration, if they so chose. He noted that, to date, the Commission has not directed the staff to not proceed to the next step; and he concurred that it could possibly be eliminated unless staff feels it needs guidance. . Assistant Planning Director Arkell stated that the Commission does not typically have sufficient information to make any type of decision when the application is received. She suggested, rather, that the Commission could make a decision at the time it receives the written staff report, which contains the staff's analysis. Commissioner Youngman suggested that the annexation policy be forwarded to the City-County Planning Board for their review before the Commission takes action on it. She recognized that the Board does not review or act on annexation requests; however, she suggested that since the policy promotes growth, she feels it would be appropriate for the Board to review it and ensure that it does not conflict with the policies and plans under which they operate. . Commissioner Youngman also suggested that, prior to adoption of the revised annexation policy, the public should be given an opportunity to provide input, possibly in a public hearing. City Attorney Luwe responded that, rather than conducting a public hearing on the resolution, it could be placed on the regular agenda and open to discussion prior to a motion and vote. 06-10-96 - ____n____ --.--.----..- --- - 6 - The Commission concurred with Commissioner Youngman's suggestion that public input be received and requested that the annexation policy be placed on the regular agenda for discussion prior to action. (B) Update re North 19th/Oak corridor sub-area master plan - Planning . Director Included in the Commissioners' packets was a memo from Planning Director Epple, dated June 6, 1996, regarding the proposed sub-area master plan for the North 19th Avenue/West Oak Street corridor. Planning Director Andy Epple stated that the Planning Office has recently received two applications for master plan amendments, one for the Saccocia property and one for the Perkins property, which lie between Baxter Lane and West Oak Street and between North 19th Avenue and North 7th Avenue. He noted that long-range planning has been an expressed interest of both the Planning Board and the elected officials, so that the City can take a more proactive role in development in and around the community. He noted that those bodies have also expressed an interest in developing comprehensive plans for the North 19th Avenue corridor . and the South 19th Avenue corridor, to ensure appropriate growth. The Planning Director stated that the staff has prepared a map showing the ownerships of the large parcels along the North 19th Avenue corridor and have drawn a half- mile-radius circle around the intersection of North 19th Avenue and West Oak Street. He noted that the properties lying within that circle will be the subject of the proposed sub-area master plan. He indicated that, with reservation, Mr. Saccoccia and Mr. Perkins have indicated a willingness to allow the processing of their applications to be deferred for a maximum of sixty days while the sub-area master plan is being developed. He stated that Senior Planner Skelton and Associate Planner Patterson have been assigned to this task; and a public forum has been set for June 18 to begin that process. He indicated his intent to follow this process for other sub-areas along the North 19th Avenue and the South 19th Avenue corridors as quickly as . possible. Commissioner Frost arrived at 4:02 p.m. Responding to Mayor Stueck, the Planning Director estimated that the sub-area master plan for South 19th Avenue and Kagy Boulevard would probably lag four to six weeks behind the North 19th Avenue sub-area. 06-10-96 - 7 - The Commission thanked the Planning Director for his presentation. (C) Update from Barry O'Connell re Bozeman Solvent Site Mr. Barry O'Connell, attorney representing the City, indicated he will address the issues of insurance, State administrative activity, lawsuit between Jewel Foods and the City, . and current activities at the solvent site. He distributed a sheet of acronyms which are often used in association with the solvent site. Mr. O'Connell stated that the Safeco and USF&G Insurance Companies currently contribute in the amount of 23 percent of the costs incurred by the City, and National Indemnity paid a global buy-out in the amount of $95,000. At the present time, efforts to obtain contributions from Commercial Union are in litigation; and he anticipates that will be settled within the next year. Mr. O'Connell next addressed the State administrative activity to date, noting that in December 1991, the City was issued a Potential Liable Party (PLP) letter by the State of Montana Department of Health and Environmental Sciences. He noted that this letter was issued to the City because it obtained ownership of the sewer line on August 12, 1970. He . stated that the City has provided an alternate water supply to at least six different residences and the Nelson Mobile Home Park. Also, remediation efforts have been undertaken at the Buttrey's Shopping Center, including replacement of the sewer line in October 1994. During that line replacement, approximately 200 cubic yards of medium impacted soil was taken out; and 16 to 20 barrels of heavily impacted soils were sent to Utah for incineration. He stated that in March 1996, the City and Jewel Foods were asked by the State to prepare a remedial investigation/feasibility study (RI/FS), using a contractor agreeable to both of them. He noted that CDM, the engineering firm which is representing Jewel Foods, provided the State with an RI/FS plan, which the State found to be unsuitable. On behalf of the City, Mr. O'Connell indicated that he asked Mr. Mike Nicklin, Nicklin Earth and Water, Inc., to prepare a RI/FS work . plan; and on June 7, 1996, that document was submitted to the State. He stated that under the process as it currently stands, the City will be responsible for ensuring that the plan outlined under the RI/FS is implemented; and that will require action by the Commission since it is estimated to cost $750,000 in the next fiscal year. He cautioned that if the Commission does not approve implementation of the plan, the State will be required to retain a third, 06-10-96 .---.-------- --.---.. . . - 8 - independent contractor to prepare and implement a plan; and the start-up costs would be a minimum of $150,000. Mr. Barry O'Connell stated that this solvent site has generated a significant amount of paperwork to date. He indicated that some of that paperwork includes the information . generated from Quarterly monitoring of the water levels and water Quality in the monitoring wells; and that information is valuable in the remediation process. He noted that under the RifFS plan prepared by Nicklin Earth and Water, Inc., an additional eight monitoring wells are to be drilled in the upcoming fiscal year, in an effort to identify the boundaries of the solvent site. Mr. O'Connell stated that the lawsuit entitled Jewel versus the City of Bozeman has been filed in federal court, and several conferences regarding the case have been held. He noted that the case is nowhere near ready to be tried, noting that he has requested a six-month extension on the May 31 deadline for discovery. He stated that, to date, discovery has found that the dry cleaning establishment previously located in the shopping center used 200 to 400 gallons of pure PCE per year; and on at least three or four occasions, pure PCE was dumped . into the floor drains or onto the floor. Also, on hundreds of occasions, the separator water, which contained a high concentration of PCE, was dumped into the floor drain. He stated that, since PCE is heavier than water, it sinks. Also, the sewer line which was installed on the shopping center property was not to grade, with some portions of the line being flat and others having a negative grade; and the PCE settled in those places. He noted that the City was not aware of the grade problems in the sewer line and did not realize that use of the septic tank on the site was not properly terminated when the sewer line was connected to the City's water main, nor when the line was dedicated to the City. Mr. O'Connell stated that, at the present time, the soil vapor extraction (SVE) unit is in operation. He noted that this unit contains activated carbon filters. The air is pumped . through the system; and the PCE is trapped in the carbon filters, with clean air being discharged. To date, 80 pounds of pure PCE have been removed from the ground; and there is no way to determine how much more PCE is in the area or how much longer the SVE must operate. He cautioned that the State makes the determination of when the process can be terminated, and at the present time it costs approximately $3,500 per month to operate and maintain the SVE unit. 06-10-96 - 9 - City Attorney Luwe encouraged the Commissioners to ask questions, cautioning that if they pertain to litigation, no response will be provided until after the executive session has begun. Responding to Mayor Stueck, Mr. O'Connell estimated that within two to three years, . the solvent site should be adequately remediated. He indicated that after the upcoming fiscal year, the costs of the site should drop by approximately one-third, with additional decreases in the upcoming years. He noted that the costs of continued monitoring of the groundwater contamination will be approximately $100,000 annually. He also stated he hopes to have the Commercial Union Insurance litigation completed within the next year or two, and the litigation with Jewel Foods completed within the next two years. At Commissioner Frost's request, Mr. O'Connell provided additional history on the sewer line on the shopping center property. He indicated that it was constructed in 1960, and put into operation in October 1960. He noted that a 6,000-gallon septic tank and two seepage pits were installed along the back of the shopping center. In November 1960, the subject property was annexed into the City; and in 1964, the line was extended from its terminus to . the new City main in North 15th Avenue. In 1970, documents conveying the Buttrey's Shopping Center sewer line to the City were executed. Responding to Mayor Stueck, Mr. Michael Nicklin reviewed where the eight monitoring wells are to be located, noting that the State has requested a well be drilled across the Gallatin River from the solvent site. He also indicated that the vertical extent of the solvent site is to be determined, as well as the horizontal extent of the plume; and that will involve drilling some deep wells, at least 140 feet to the screen. He cautioned that the State has requested a better definition of the solvent site; and drilling wells in strategic locations should help identify the area. Responding to Mayor Stueck, Mr. O'Connell concurred it is important for the . Commission to address the health, safety and welfare of the community, and to take responsibility for clean-up of the site. City Attorney Luwe cautioned the Commissioners that if they wish to discuss the issues raised during the public hearing on the sewer surcharge, it would be appropriate to first enter into executive session. The Commissioners thanked Mr. O'Connell for his presentation. 06-10-96 --------. -..- _'__0"'___ _ - -.------.--- ------- - 10 - (D) Possible executive session re litigation Mayor Stueck announced his intent to close the meeting and enter an executive session, under Section 2-3-203(4), M.C.A., for the purpose of discussing litigation pertaining to the Bozeman Solvent Site, noting that if the issues were discussed in open meeting, it would . have a detrimental effect on the litigating position of the City. Ms. Gail Schontzler, reporter for the Bozeman Daily Chronicle, stated her respectful objection to closure of the meeting, noting that the Commission discusses many complex and expensive issues in open session. She stated that the public right to know exceeds any possible right to privacy. She asked that if the Commission decides to enter an executive session, the discussion be limited to the subject of litigation and not be allowed to stray. At 4:43 p.m., Mayor Stueck called an executive session for the purpose of discussing litigation and asked all of the persons except the City Attorney, Attorney Barry O'Connell, Director of Public Service and Clerk of the Commission to leave the room. At 5:25 p.m., Mayor Stueck closed the executive session and reconvened the open meeting. . Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Invitation to attend the dedication of the Law and Justice Center to the late Judge W.W. Lessley at 11 :00 a.m. on Tuesday, June 18, 1996. (2) Invitation to attend the satellite teleconference entitled "Livable Neighborhoods: Rethinking Residential Streets", scheduled for 1 0:00 a.m. on Wednesday, June 19, at the Strand Union Building. (3) Memo from Historic Preservation Officer Derek Strahn, dated June 5, 1996, . asking that the Commission replace Duane Simon on Historic Preservation Advisory Commission since he has been living out of state for approximately a year. (4) Copy of a letter from the City Manager to Mr. Bruce McGinnis, State of Montana Department of Revenue, dated May 30, 1996, regarding a class action lawsuit challenging the legality of the Department of Revenue's computer assisted mass appraisal system. 06-10-96 _u_______.___.._ -.-.---- - .--.---- .--.------------- - -.--- -----.--..--- ---- - - --.-.-------- -..--- - 11 - Responding to Commissioner Stiff, the City Manager stated that this lawsuit could result in a loss of $264,780 in property tax revenues this fiscal year; and the City cannot make the necessary adjustments to accommodate that shortfall with only one month remaining in the fiscal year. . (5) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, June 11, in the Commission Room. (6) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, June 11, in the Commission Room. (7) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, June 11, at the Courthouse. (8) The City Manager submitted his weekly report, as follows. (1) Noted that the County mill levy for the Library passed last week. He stated that a map reflecting the results by precinct has been posted at the Library; and he has requested that it be moved to City Hall within the next two weeks so the Commissioners can see it. (2) Spoke to Rotary Club about the mill levy and the status of transportation projects. (3) Stated he has been working . on the budget for the upcoming fiscal year. (4) Noted that staff has been closely monitoring the creeks and streams in and around Bozeman; and their levels are good. (5) Stated that a combined recruitment process for firefighters is being implemented, with an eligibility pool being created for Great Falls, Helena and Bozeman. He noted that in recent years, many of the applicants for firefighter in Bozeman have also been applicants in the other two communities as well. (6) Stated that a recommendation for rejection of the bid for remodeling of the City Hall Annex will be placed on next week's agenda. He noted that after some revisions have been made to the plans, the project will be once again bid. (7) Noted the Commissioners have received copies of a letter written by Mr. Fred Nelson regarding dogs in the East Gallatin Recreation Area. He indicated that he has spoken with the Sheriff about this problem, since . the park is located outside city limits. (8) Noted that staff has received a petition from residents of Legion Villa requesting a crosswalk across Durston Road. He noted that a flashing light with pedestrian crossing button costs approximately $2,000; and he has asked the County to contribute up to half of the costs since the crossing will be located adjacent to the County Rest Home. (9) Reminded the Commission that the City has received a request from the Gallatin Valley Tomorrow program for monies to fund future operations of the organization. 06-10-96 - 12 - He noted that the request includes $2,500 from the City, $2,500 from the County and a $2,500 match from the City for community contributions. He stated that since monies for this project have not been budgeted, it must be placed on the agenda for discussion and action. (9) Commission Frost submitted the following. (1) Attended the City-County . Planning Board meeting and the Improvement District Board last week. (2) Attended the Bicycle Advisory Board meeting last week, noting that they have done extensive work over the past few weeks to develop a proposed alternative bike route in the community which uses neighborhood streets, in response to the Commission's request. (3) Noted that on NBC news last night, the Director of Public Service from Los Angeles County was interviewed about the effectiveness of traffic calming devices. He stated that the Director was supportive of traffic calming, noting that it has decreased traffic on many neighborhood streets by half and has increased the safety of pedestrians, bicyclists and children. (10) Commissioner Youngman stated that she attended the "usual pile" of meetings, and was delighted with passage of the mill levy for the library. (11) Commissioner Stiff submitted the following. (1) Attended a very productive . meeting of the Senior Center Board. He noted that the options for expansion of the center have been narrowed; and the Board will forward its comments back to the architect for preparation of plans. (2) Stated he received more inquiries than usual from people in the community, about a myriad of different topics. ( 12) Responding to Commissioner Stiff, the City Manager stated that he is negotiating with three different bargaining groups this year. He indicated that two of the groups have settled; and he anticipates negotiations with the police will be completed shortly. He briefly highlighted the results of the negotiations, indicating that salary increases are approximately 3 percent. He cautioned that, because of salary reviews in surrounding communities and recent adjustments in the pay for County employees, it is becoming . increasingly difficult to negotiate successfully. (13) City Attorney Luwe submitted the following. (1) Announced that his staff has prepared revisions to the parking ordinance and has asked the affected departments to review it. He noted that, with the potential of changing the structure from a criminal system to a civil system, it may be essential to make additional revisions prior to Commission 06-10-96 - 13 - consideration. (2) Announced that after this week, he will be out of the office for two weeks for Reserves summer camp. (14) Mayor Stueck submitted the following. (1) Addressed the Homebuilders' State convention. (2) Attended three barbecues this weekend. (3) Stated he has been . personally monitoring the traffic on North 20th Avenue. He noted that, while the speed of the traffic does not seem to have increased, he has noticed delivery trucks are beginning to use it. He suggested that, if possible, "no truck traffic" signs be posted to eliminate some of those problems. (4) Stated he has received an invitation to attend closing ceremonies for the Montana Law Enforcement Academy, and asked any interested Commissioner to contact him. Adiournment - 5:45 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Youngman, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Stueck; those . voting No, none. { 0m L~~ DON E. STUECK, Mayor ATTEST: ~~~ ROBIN L. SULLIVAN Clerk of the Commission . 06-10-96