HomeMy WebLinkAbout1996-05-13 Minutes, City Commission
MINUTES
OF THE WORK SESSION/AGENDA MEETING
OF THE
CITY COMMISSION
BOZEMAN,
MONTANA
May 13,
1996
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. The Commission of the City of Bozeman met in work session and agenda meeting
in
the Commission Room, Municipal Building, May 13, 1996, at 3:00 p.m. Present
were Mayor
Stueck, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner
Youngman, City Manager Wysocki, City Attorney Luwe and Clerk of the Commission
Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
Aaenda Meeting - for regular meeting and Dublic hearinas to be held on
Mav 13. 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.
(8a) Commissioner Rudberg requested that this item be removed from the
Consent Items, so that the students and the coach may be recognized for
their achievements.
The City Manager stated that this item will be moved to 6A, and scheduled
between
3:30 and 4:00 p.m.
(8b)
The City Manager stated that the County will contribute $26,000 of its
Community Transportation Enhancement Program (CTEP) monies toward the bicycle/pedestrian
facility along South Third Avenue, since a portion of that roadway lies
within the county.
( 12)
The City Manager encouraged the Commissioners to pull the information
which Administrative Services Director provided a few weeks ago regarding
the proposed
surcharge. He reminded the Commission that, as a result of public input,
the Commissioners
. could implement a 42-percent surcharge, or could reduce the proposed percentage; but it may
not increase the percentage.
Commissioner Rudberg suggested that the public hearings be rearranged so
the
Planning staff can leave as soon as their agenda items are complete.
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The City Manager stated that the agenda is typically arranged so that those items
with public participation are considered early in the agenda.
Work Session - (A) UDdate re planning survev - Ken Weaver. Local Government Center;
(8) Discussion re annexations; (C) Discussion re barricade on North 20th Avenue; and
. (D) Presentation of Historic Preservation awards - Historic Preservation Officer Strahn
(8) Discussion re annexations
City Manager Wysocki distributed copies of Commission Resolution No. 2716, which
is the City's current annexation policy, and a proposed draft resolution revising that policy. He
reviewed the proposed changes, noting that the number of goals has been reduced, without
compromising the intent of the goals in the current policy. He then
reviewed the policies,
noting that the intent of the revisions is to streamline the policy without losing any of the
critical items of consideration. He stated that, with the development review processes which
are in place, these changes will not compromise the opportunities for careful consideration of
the community's growth. He also noted that the impact fee program
has recently been
implemented; and the proposed revisions to the policy include consideration of that program
. and its attendant capital improvement program.
Responding to Commissioner Stiff, the City Manager stated that under these proposed
revisions, the fees for annexation are removed from the policy and addressed in a separate
resolution.
Responding to questions from Commissioner Frost, the City Manager stated that the
City cannot annex properties which are not adjacent to city limits.
He noted that some
properties not contiguous to city limits have received City services, particularly to the
northwest of the community, where houses adjacent to the sewer main have been allowed to
connect to the main. He stated that waivers of right to protest annexation have been required
in conjunction with those connections.
. Further responding to Commissioner Frost. the City Manager suggested that if the
property to be annexed is adjacent to a gravel County road, the City may require the applicant
to participate in improvements to that road.
Responding to Commissioner Stiff, the City Manager stated that if a parcel is over two
acres and is used for agricultural, commercial or industrial use, the City cannot unilaterally
annex it.
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The Commissioners indicated an interest in reviewing the proposed revisions
prior to
taking action.
(A)
Update re planning survey - Ken Weaver, Local Government Center
Dr. Ken Weaver, Director of the Local Government Center at Montana State
. University, stated he has prepared a draft model of a survey instrument that could be used to
survey people who have used the development or design review processes. He indicated that
he has copies of the document which he would like to distribute to the Commissioners, the City
Manager and the Planning Director for review and comment prior to completing the final
document. He cautioned that if the contents of the survey are released
before the survey is
forwarded to the respondents, its integrity will be compromised.
Following discussion, the Commission determined it was unable to identify
any basis
upon which to limit the distribution of the document or its discussion.
They determined,
instead, that it would be more appropriate to appoint a sub-committee to meet with Dr. Weaver
later this week to review the proposed survey document.
Dr. Ken Weaver provided a brief update on the process to date. He noted
that he has
. met with the Planning Director on two or three occasions to gain a general understanding of
the various aspects of the development and design review processes; and he has reviewed the
zone code. He has also met with a dozen professionals from the development
community,
including architects, engineers, builders and land developers, to determine their highest priority
items. He indicated that these steps allowed him to prepare the survey.
Dr. Weaver stated that he has identified two core components to be included
in the
survey, efficiency and responsiveness. He noted that
these components involve a balance
between timeliness of processing an application and providing for sufficient public input
throughout the process, and ensuring that an applicant's needs and wants are met as much as
possible while ensuring protection of the community interests.
. Dr. Weaver forwarded his plan to send the survey to all who submitted applications
for planning or zoning processes in 1995 and to those who have filed applications in 1996 and
completed their projects. He cautioned that to send surveys to applicants with older projects
will probably not provide valuable information, since time tends to create a "horns and halos"
effect.
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Dr. Ken Weaver stated he has prepared a second instrument, in conjunction with the
Planning Department and Historic Preservation Officer Derek Strahn, since preservation of
historic values has been identified as a high priority by the department. He suggested that this
survey be delayed until after the first survey has been completed, although he feels the
. information garnered from the second survey could also prove beneficial.
Mayor Stueck asked that all Commissioners interested in serving on the sub-
committee to work with Dr. Weaver contact Clerk of the Commission Sullivan tomorrow. He
indicated that a meeting between the sub-committee and Dr. Weaver will be set for later this
week.
Discussion - FYI Items
City Manager Wysocki presented to the Commission the following "For Your
Information" items.
(1 ) Notice from the Montana League of Cities and Towns regarding the
upcoming district meetings, including the District 10 meeting scheduled for 4:00 p.m. on
. Tuesday, May 28, at the Bozeman City Hall.
(2) Letter from Alice Fryslie, dated May 6, indicating she does not intend
to seek
reappointment to the Historic Preservation Advisory Commission when her term expires.
(3) Notice of the National Association of Letter Carriers National Food Drive,
which was held on Saturday, May 11.
(4) Notice ofthe Cemetery Board meeting scheduled for 2:00 p.m. on Thursday,
May 23, in the Conference Room.
(5 ) Minutes from the Cemetery Board meeting held on April 18, 1996.
(6) Copy of the economic development policy which has been adopted by the
Gallatin Development Corporation.
. The City Manager encouraged the Commissioners to review this policy. He then
proposed an agenda item on the May 20 agenda for possible adoption of this policy as the
City's policy on economic development.
(7) Minutes from the Infrastructure Funding Task Force meeting held on April
22, 1996.
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(8) Letter
from Tim and Robin Owen, 522 West Olive Street, dated May 8,
thanking the Commission for its attempt to curb the spread of casinos in
the community.
(9) Copy
of the Letter to the Editor from Elizabeth Frishman, dated May 8,
regarding her recently denied kennel license.
. (10)
Additional signatures for the petition previously submitted in opposition to
the installation of sidewalks in Thompson's Addition.
(11 )
Notes from a telephone call inviting the Commissioners to attend a reception
for the President of Days Inn, to be held at 4:30 p.m. on Tuesday, May
14, at the Days Inn in
Bozeman.
( 12)
Letter from Mark Steiner, 139 North
Hunters Way, dated May 8,
encouraging the Commission to adopt an obscenity ordinance.
( 13)
Copy of the minutes from the Bozeman Senior Social Center Board of
Directors meeting held on May 3, 1996.
(14)
Agenda for the Development Review Committee meeting to be held at 10:00
a.m. on Tuesday, May 14, in the Commission Room.
. (15)
Agenda for the Design Review Board meeting to be held at 3:30 p.m. on
Tuesday, May 14, in the Commission Room.
(16)
Agenda for the County Commission meeting to be held at 1 :30 p.m. on
Tuesday, May 14, at the Courthouse.
(17)
Agenda for the Board of Adjustment meeting to be held at 1 :30 p.m. on
Thursday, May 16, in the meeting room at the Bozeman Public Library.
(18)
The City Manager submitted his weekly report, as follows. (1) Stated the
Optimist's Club has asked for a sign recognizing their efforts at the Bozeman
Ponds. He noted
that the Recreation and Parks Advisory Board was not receptive to the proposal;
however, he
suggested that the Commission favorably consider a tastefully done sign,
possibly in the form
. of an unobtrusive post. 12) Indicated that Director of Public Service Phill Forbes and another
staff member attended the InfraCon in Billings. (3) Stated that representatives
for Shakespeare
in the Parks were shown a location in Lindley Park and a couple other locations
on City property
that were not acceptable alternatives. He noted that, following those discussions,
Shakespeare
in the Parks was able to make arrangements to continue in the location
they have used for the
past couple years, near South 11 th Avenue on the MSU campus.
(4) Reminded the
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Commissioners that the Interagency Breakfast will be held at 7:00 a.m. on Wednesday, May
15, at Bridger Bar-B-Q. (5) Noted that the community
had a bomb scare last week, but no
bomb was found. (6) Announced that the Police Department
has received monies for three
video cameras through the Montana Highway Safety Act program.
. ( 19)
Commissioner Frost submitted the following. (1) Attended the City-County
Planning Board meeting on Tuesday night, where information on major commercial growth in
the north, east and west quadrants of the community was presented. (2) Attended the Tree
Advisory Board meeting on Wednesday evening. He stated that the Board will be requesting
$5,000 to fund a cost sharing program for planting of trees, with that program to be
administered for probably two or three weeks in April. He indicated that the Tree Board has
not seen the
management report recently submitted
to the Commission;
and Park
Superintendent McNeil will make copies of his report for distribution to the Board. (3) Attended
the casino meeting on Thursday evening. (4)
Attended the dedication of the Cooper Park
Historic District sign at Cooper Park on Saturday morning. (5) Participated in the walking tour
of South Willson Avenue and South Grand Avenue on Sunday, learning the history of the area
. and Bozeman's early days.
(20)
Commissioner Youngman announced that another meeting on casinos is
scheduled for 7:00 p.m. on Thursday, May 23, in the Commission Room.
(21 )
Commissioner Rudberg submitted the following. (1) Attended several
meetings, including the Development Review Committee, County Commission and City-County
Planning Board meetings on Tuesday. Also, she attended the Victim Witness meeting, the Leap
of Faith meeting and the meeting on casinos.
(2) Attended the Montana Conservation Corp
fund raiser.
(22)
Commissioner Stiff submitted the following. (1) Met with the Elks Club
regarding their scholarship program. (2) Met with
Assistant Finance Director Peg Biekert
. regarding the available funds for affordable housing; and she is preparing an updated report on
those funds. (3) Stated he will attend the Senior Center expansion committee meeting
tomorrow afternoon.
(23)
City Attorney Luwe announced that his office has implemented a new
procedure for collection of bad checks written to the City. He noted that in the past, different
departments have handled the situation differently; and under this new procedure, his office
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will make the first attempt to collect the monies. He indicated that the
new process should be
more efficient and result in a better collection rate.
(24)
Clerk of the Commission Sullivan announced that she will be out of town
from May 17 to May 27, to attend the International Institute of Municipal
Clerks Conference,
. which is being held in Albuquerque, New Mexico.
(25)
Mr. Dave Smith, Executive Director of the Bozeman Area Chamber of
Commerce, stated that he attended the InfraCon meeting in Billings last
week. He stated that
information garnered from that meeting will be useful as the task force
identifies sources of
funding for infrastructure improvements.
(26)
Mayor Stueck submitted the following. (1) Attended meetings of the Health
Board and the Water Quality District Board last week. He noted that they
have completed the
by-laws for the water quality district; and are making application for
a $100,000 grant. (2)
Participated in the interview process for a new Deputy Clerk.
Work Session (continued) - (C) Discussion re barricade on North 20th Avenue
. (C) Discussion
re barricade on North 20th Avenue
City Manager Wysocki reminded the Commissioners that they received a packet
of
information on traffic calming from residents on North 20th Avenue. He
stated that, included
in this week's packet, was a memo from Director of Public Service Phill
Forbes, dated May 8,
forwarding his comments and concerns regarding traffic calming measures
and raising
questions for the Commission to consider.
He indicated that this item has been placed on
today's agenda at the request of a couple Commissioners.
Director of Public Service Forbes cautioned that if traffic counts were
taken, those
counts could not be compared to any other existing data. He also noted
that the counts would
not reflect, in themselves, whether any type of traffic control is needed
on the street. He then
. indicated the question before the Commission is whether or not to remove the barricade. and
whether any other type of traffic control device is needed.
Responding to Mayor Stueck, the Director stated it was his understanding
the
Commission was interested in removing the barricade. He noted that if they
are interested in
finding out how traffic patterns in the area will develop with that removal,
it will take three to
six months to establish the new traffic patterns and provide a valid picture.
He cautioned that,
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because of continued development in the immediate area, including the 160-unit apartment
complex at the intersection of Durston Road and North 22nd Avenue, the traffic patterns are
dynamic.
Mayor Stueck stated that he has talked to four police officers who expressed an
. interest in having the barricade removed. He suggested that a four-way stop be installed at the
intersection of North 20th Avenue and West Beall Street in conjunction with removal of the
barricade, in an effort to minimize negative impacts on the area. He expressed concern that
removal of the barricade has been postponed the last several times this item has been
discussed; and he feels the decision should be made. He stated that if stud ies of
traffic
patterns are needed before any traffic calming devices are installed, it is important to open the
roadway as quickly as possible.
Commissioner Youngman suggested that studies could be completed while the traffic
calming devices are being designed and preparations for installation are being made. She
cautioned that a former Commission agreed removal of the barricade would be done in
conjunction with the installation of a cul-de-sac on the south side of West Beall Street. She
. recognized that project is no longer the preferred alternative; however, she cautioned that the
Commission has an agreement with the neighborhood to uphold.
Mayor Stueck reiterated his frustration with delays in making the decision on whether
to remove the barricade. He suggested that the installation of a four-way stop should help to
discourage some of the additional traffic that would potentially use the street once the
barricade is removed.
Commissioner Youngman forwarded her position that the Commission still needs to
accept public input regarding removal of the barricade and traffic calming before making a
decision on removal of the barricade.
Responding to Commissioner Rudberg, the Director of Public Service stated his staff
. has estimated the costs of the neighborhood's preferred alternative for traffic calming devices
at $62,000.
The Director of Public Service forwarded three issues for Commission response: (1)
is the barricade to be removed; (2) is the Commission inclined to allow traffic calming measures
in neighborhoods, on a community-wide basis; and (3) who will pay and how will they pay for
said measures? He recognized that the Commission has agreed to the installation of curb bulbs
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in a number of locations around the community but, to date, none of the
bulbs have been
installed. He also noted that a policy has been created for addressing
neighborhood requests
for installation of traffic circles but, to date, no such requests have
been processed.
Commissioner Frost noted that North 20th Avenue is the only street which
the
. Commission has closed; and it approved the barricade based on statistics
which showed excess
volumes and excessive speeds for a neighborhood street. He noted that the
Commission still
has committed to address the traffic problems in the area, which have now
extended to North
21 st, 22nd and 23rd Avenues as well. He characterized removal of the barricade
as only one
step in the overall process.
Responding to questions and comments from the Commissioners, Director of
Public
Service Phill Forbes stated he is bound to follow the Manual on Uniform
Traffic Control
Devices, unless he is clearly directed to do otherwise by the Commission.
He then cautioned
that the Commission will not receive any report from his staff supporting
the installation of
obstructions on a roadway.
He also cautioned that his staff members are not trained in
designing traffic calming devices; therefore, it will be necessary to retain
a consulting engineer
. to design and oversee the project.
Commissioner Frost expressed concern about the difficulties which pedestrians
currently encounter, particularly when trying to cross a busy street. He
suggested that some
type of traffic calming is needed to make it easier for pedestrians to
move around the
community. He stated that the traffic circles on Yellowstone Avenue, which
were installed as
a condition for a commercial development, work well and slow the traffic
on that street. He
indicated support for installation of traffic calming devices in the subject
area, noting that the
monies which were previously earmarked for the cul-de-sac project would
cover the projected
costs of the traffic calming devices on all four streets.
Commissioner Youngman once again reminded the Commissioners of the previous
. Commission's commitment to the neighborhood. She then indicated her support for the
neighborhood's proposal, which is supported by almost 100 percent of the
entire neighborhood.
She noted that this proposal actually costs less than the previously proposed
remedy and does
not result in the closure of any street.
Following discussion, Mayor Stueck requested that this item be placed on
next week's
agenda for discussion and action late in the afternoon session.
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Break - 4:55 to 5: 15 p.m.
Mayor Stueck declared a break from 4:55 p.m. to 5: 15 p.m.
Work Session (continued) - (D) Presentation of Historic Preservation awards
- Historic
Preservation Officer Strahn
. (D) Presentation
of Historic Preservation awards - Historic Preservation
Officer Strahn
Historic Preservation Officer Derek Strahn reminded the Commission that
this is
Historic Preservation Week.
He stated that, to recognize this week, presentation of
preservation awards is to be made for the second year in a row. He characterized
these awards
as recognizing quality preservation projects in the community. He encouraged
the community
to continue its historic preservation efforts, noting that it enhances
the community. He stated
this is also an opportunity to educate the general pUblic about preservation;
and a variety of
categories have been identified. He stressed the importance of recognizing
that preservation
pertains to not just restoration, but includes the sensitive modernizing
of a building for
contemporary use.
. The Historic Preservation Officer gave a slide show of the properties for
which
preservation awards are being made, noting that he has used before and
after pictures
whenever possible.
Following that slide show, he presented awards from the Historic
Preservation Office, as follows:
Residential Restoration
Mary Jane and Andy DiSanti Renovations, upgrading of porch,
319 South Third Avenue
and repairs to carriage house
Residential Restoration
Ben White Renovations to porch, repainting
322 North Tracy Avenue
Residential Restoration
Leslie Morningstar Compatible patio and rear addition
501 South Tracy Avenue
Residential Restoration
William Jackson Repair of foundation, painting and
221 South 7th Avenue
rear addition
Adaptive Reuse
Stephanie Volz Rehabilitation and conversion of old
.
202 Lindley Place
Lindley House into a
bed and
breakfast, including major repairs to
masonry, removal of paint from the
old bricks, exterior landscaping and
parking area
Adaptive Reuse
Goetz, Madden and Dunn Sensitive dormer addition to house
35 North Grand Avenue
which has been converted
to
commercial use and restoration of
old chimney
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Adaptive Reuse
Garrity Law Office Sensitive addition of handicapped
504 West
Main Street access during
conversion from
residential to commercial use
Residential Maintenance
Robert and Annette Evans Reroofing, restoration of chimneys
604 South
Willson Avenue and repainting
. Residential Maintenance
Barbara Donnelley Reroofing and repainting structure
306 South 7th Avenue
in sensitive manner
Residential Maintenance
Grace Baptist Church Preserving and sensitive repainting
209 South
Tracy Avenue of rental house
Residential Maintenance
Bessie and Henry Nerbovig Well maintained residence, ensuring
623 North
Willson Avenue its character and charm
Residential Maintenance
Bill Klenn Restraint in
maintenance of an
520 East
Davis Street existing residence to protect its
integrity
Commercial Renovation
Seven Doors Down Sensitive modernizing
of
223 East
Main Street commercial building
Commercial Renovation
Powder Horn Restoration and
renovation of
35 East
Main Street former Vera's store as expansion of
business
Historic Preservation Officer Strahn presented the following award from
the Montana
Preservation Alliance:
. Adaptive Reuse Emerson Cultural Center
Reuse of an old elementary school
111 South
Grand Avenue as a cultural center, thus avoiding
its being torn down
The Historic Preservation Officer also presented the following awards from
the
Historic Preservation Office to individuals, as follows:
Francis Woods (deceased)
After receiving his education, he settled in Bozeman and taught in
the School
of Architecture at MSU. He lived in several historic
houses
in Bozeman, including the Graf house at 504 West
Cleveland
Street, where he constructed an outbuilding in keeping
with
the house. He influenced many of the architects who
currently
practice in the community.
John DeHaas He
taught in the School of Architecture at MSU for 29 years,
introducing
the historic preservation program. He assisted in
establishment
of the first historic district in Bozeman, which is
South
Willson Avenue; and he helped to ensure the listing of
several
individual properties on the National Register of Historic
. Places,
including the Carnegie Library and the County Pioneer
Museum. He currently serves on the City's
Design Review Board.
Historic Preservation Officer Strahn thanked everyone for the work they
have done
to improve the appearance and character of Bozeman while maintaining its
history.
Mayor Stueck, on behalf of the Commission, commended all of the residents
who
have made the effort to "keep Bozeman Bozeman", noting that it is appreciated
by the
Commission and the community.
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Adiournment - 5:35 p.m.
There being no further business to come before the Commission at this time,
it was
moved by Commissioner Youngman, seconded by Commissioner Frost, that the
meeting be
adjourned. The motion carried by the following Aye and No vote:
those voting Aye being
. Commissioner Youngman, Commissioner Frost, Commissioner Stiff, Commissioner Rudberg and
Mayor Stueck; those voting No, none.
C Otft-? { ~~e-A:
DON E. STUECK, Mayor
ATTEST:
@f/~
R BIN L. SULLIVAN
Clerk of the Commission
.
.
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