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HomeMy WebLinkAbout1996-02-05 Minutes, City Commission ~ '-'~I MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA February 5, 1996 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, February 5, 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. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - January 22 and January 29, 1996 Mayor Stueck deferred action on the minutes of the regular meetings of November 20 and December 4, 1995, and January 22 and 29, 1996, to a later date. . Ordinance No. 1416 - Salary Ordinance for City Manaaer for Calendar Year 1996 Previously included in the Commissioners' packets was a copy of Ordinance No. 1416, as approved by the City Attorney, entitled: ORDINANCE NO. 1416 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, FIXING THE MONTHLY SALARY AND OFFICIAL BOND OF THE CITY MANAGER OF THE CITY OF BOZEMAN, AS REQUIRED BY LAW. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission finally adopt Ordinance No. 1416, setting the salary for the City Manager for Calendar Year 1996. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No being . Commissioner Rudberg and Commissioner Stiff. Authorize Mayor to sign - Employment Agreement with City Manaaer for Calendar Year 1996 Mayor Stueck announced that, included in the Commissioners' packets, was a copy of the Employment Agreement, containing the revised language which had been agreed upon 02-05-96 --..--.--- . .----.--- - 2 ~ by the Commissioners and City Manager as a result of discussions over the past two weeks. He noted that under the revision, the City Manager is required to provide a 45-day notice of termination. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the . Commission authorize and direct the Mayor to sign the Employment Agreement with the City Manager for Calendar Year 1996. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No, none. Presentation of Victim/Witness arant aoolication for Fiscal Year 1997 Ms. Gloria Edwards, Victim/Witness Coordinator, briefly highlighted the grant application, a copy of which had been included in the Commissioners' packets. She stated that this is a joint application from the City of Bozeman and Gallatin County. She noted that this is the fourth year for the program, and the last year to receive monies under the Drug Abuse program administered by the Montana Board of Crime Control. She stated that under the . guidelines for the program, in the fourth year the match from the Board is to be 20 percent; however, due to various circumstances, the State's portion of the match will be 40 percent this year. The remainder is to be funded by Gallatin County contributing 65 percent and the City of Bozeman contributing 35 percent. She stated that for Fiscal Year 1996-1997, the contributions will be $13,477.63 from the Montana Board of Crime Control, $13,140.69 from Gallatin County, and $7,075.75 from the City of Bozeman. Ms. Edwards stated that during the upcoming legislative session, she will seek to obtain funding for this program through a $10 fee on all offenders who plead guilty or are found guilty. She estimated that if such a fee had been charged on cases in Justice Court in 1993, it would have generated over $30,000. She indicated that Representative Emily Swanson has indicated a willingness to sponsor this legislation. . Ms. Edwards noted that she has received several letters of support for the application, which she will share with the Commissioners if they wish. Neighborhood Coord inator /Grantsperson James Goehrung stated that the Victim/Witness Program has a good track record and has filled a need in the community. He reminded the Commission that this is the last year to receive State funds to support a portion 02-05-96 --." .--..-.-- -.- --. n u_ n__._ __..._u - 3 ~ of the costs of the program. He further reminded the Commission of other programs which have been receiving federal match monies that must be absorbed into the City's budget if they are to be continued, including the DARE program and the additional officers obtained through the COPS programs. . City Attorney Luwe stated that the 1995 Le9islature imposed additional requirements on Police Departments and City Prosecutors, as well as corresponding County agencies, to ensure that victims are guaranteed certain rights. He stated that the Victim/Witness program has ensured that those statutory requirements are met and encouraged the Commission to consider those facts when addressing continued funding of the program in future years. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission authorize submittal of the application for Victim/Witness program monies from the Montana Board of Crime Control, recognizing that the appropriation to cover the City's contribution will be essential during the upcoming budgetary process. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, . none. Discussion re authorizing Local Government Center to conduct surveY of old olannina/zoning aoolications Dr. Ken Weaver, Director of the Local Government Center at Montana State University, stated that he has received copies of the questions which the individual Commissioners had prepared for consideration. He noted that over the past several months, he has been engaged in conversations with some of the Commissioners regarding the possibility of the Center conducting a review/survey of the various functions under the Planning Department. He emphasized that, if the Commission feels this is important, it should be the entity responsible for conducting the survey rather than asking staff to assume that . responsibility. He stated that once the client has been established, the next step is to define the scope of the project. Dr. Weaver stated that a review of the questions submitted by the Commissioners suggests three key issues to be defined. (1) What specific City structures are to be reviewed? Does that review include all associated boards, staff members, management and City 02-05-96 - 4 - Commission? (2) What functions are to be examined? Does it include all planning processes, zoning processes and permitting processes? And does it include variances before the Board of Adjustment? (3) What are the proposed timeline and costs? Dr. Weaver cautioned that when the City engages an auditor, that auditor reviews a . sampling of the City's financial transactions to ensure that they meet generally accepted accounting practices, which are established guidelines and standards. He noted that in this instance, however, there is no established standard against which to evaluate the results of the study. He suggested, rather, that the Commission should view this study as a way to determine whether the Planning Department is maintaining the integrity of the government, recognizing this as a mechanism for improving and strengthening the City's structure. He stated that Section 76-1-102, M.C.A., defines the purpose of planning, and that includes "protecting the public health, safety and welfare of the citizens" and "to plan for healthy surroundings for family life". Dr. Ken Weaver stated another issue to be addressed is who is to be asked if the planning process works. He asked that he and the Associate Director, Judy Mathre, be . authorized to work directly with the Planning staff and any other City employees determined necessary to develop the list of people to be surveyed. He indicated that the next step in the process is to draft a proposed survey form that will generate the desired types of information; and that form will be submitted to the Commission for approval. He cautioned that since the Local Government Center is currently involved in assisting several study commissions throughout the State as well as educational programs for local government officials, it will probably be the end of March before the document is drafted. He estimated that the survey can be complete and the results compiled by early to mid-June. He stated that no administrative costs will be charged for the project; rather, they will bill on a cost recovery basis only. Mayor Stueck stated he does not feel the timeline is a problem, particularly since the . results of the survey will not have any impact on this summer's construction season. He noted that one of the primary reasons that the Commission has discussed a survey is the interest that has been expressed in streamlining of the planning, zoning and permitting processes. He forwarded his concept that the survey would contain six to ten questions, which would provide information on the strengths and weaknesses in the existing system. 02-05-96 --------- - 5 - Dr. Weaver reminded the Commission that the purpose of planning is to regulate and exercise the police authority of the government to protect the public health, safety and welfare of the residents. He raised a question about the validity of responses that might be obtained from those who have been subjected to those police powers. . Mayor Stueck stated there are those who have gone through the process and have found that it worked well. He suggested that those individuals will identify the strengths of the program and provide balance for those comments directed toward the weaknesses in the program. Commissioner Stiff noted that the questions and information he submitted are the same as what he had submitted in early 1995, when this item was previously discussed. He noted that the intent has never been to evaluate the performance of staff, rather, the intent has been to respond to questions about how well the planning and permitting processes, from the initial steps through construction, have worked. He stressed the importance of ensuring that confidentiality is protected, so that those who respond can be assured their identity will not be revealed. . Dr. Weaver concurred that confidentiality is extremely important, and will be protected as much as possible. Commissioner Stiff suggested that those who have been involved in a multiple number of projects should not necessarily be required to complete a multiple number of surveys; however, some mechanism should be provided so they can identify the number of projects involved in the established time period of the survey. Dr. Weaver summarized the Commissioners' suggested questions by stating that they are seeking a user evaluation of the process, evaluating both the whole and the individual parts. He suggested that, through appropriate questions, responses to each of those elements can be obtained. Mayor Stueck noted that in a recent newspaper article, it was suggested citizens who . have been involved in protesting a project would not be given an opportunity to participate in the survey process. He asked if there is a possibility of including those people in the survey, possibly through a different type of survey instrument. He suggested that this survey could be submitted to the neighborhoods and citizen groups that have been vocal in the controversial projects. 02-05-96 - 6 - Dr. Weaver noted that this additional input would address one of his concerns about developing an unbalanced result to the survey. Commissioner Youngman stated concurrence with the Mayor's suggestion, noting it is important to ensure that the planning process works for the public as well as the applicant. Responding to Commissioner Rudberg, Dr. Weaver stated he feels it is important to . provide some type of weighting mechanism under which to consider responses from those who have been involved in multiple applications or projects, including sub-contractors. He indicated that the weighting of responses will be a part of the information submitted to the Commission in late March. Commissioner Rudberg stated that the Commission is "responsible for creating the message, and has created several messages from its desk"; however, "the messengers are the ones being shot". She forwarded her feeling that there is a great misunderstanding in the community about the planning process; and her interests lie in identifying how the process can be strengthened. Responding to Commissioner Frost, Dr. Weaver stated he feels that, given the number . of applications under the various planning, zoning and permitting processes, it would be appropriate to send surveys to all applicants rather than conduct a sampling. He cautioned that, to obtain the most valuable responses, it would be best to send surveys to those who have undertaken projects in 1995. He noted that, given human tendencies, if the project is over a year old, the applicant will remember only the very good and the very bad; and those responses will not be as valuable as the more detailed responses from someone who has just completed the process. Commissioner Frost stated it would be beneficial to know if an applicant has encountered problems with a certain provision in the zone code, suggesting that information could be useful in evaluating the process. He noted that in 1989, when the new type of zone code was adopted, discussions revolved around streamlining and flexibility; and now . conversations revolve around streamlining and lack of predictability. He also noted that several years ago, there was Commission discussion about conducting a comprehensive review of a major project to determine what went wrong and what went right. He suggested that it might be useful to conduct such a review in conjunction with the survey, incorporating that information into the results. 02-05-96 .. ------ - 7 - Dr. Weaver suggested that discussions with those involved in some of the major projects, without City staff or City Commissioners present, could provide beneficial information that could be used in developing Questions for the survey. He noted that if that discussion is not held before the survey Questions are developed, he could still incorporate it into the overall process. . Responding to Commissioner Frost, Dr. Weaver stated that he will try to develop the Questions in a manner that might reflect whether the staff level may have impacted the response. He noted that this might involve grouping of responses for several months to maintain confidentiality as much as possible. It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the Commission authorize the Local Government Center to prepare a survey proposal, including conducting of focus groups, if determined appropriate, and direct the City Manager to facilitate cooperation of staff in this process, as needed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost and Mayor Stueck; those voting No, none. . Authorize Montana Department of Transportation (MDoT) to conduct special speed zone studY on 19th Avenue corridor (Baxter to Kagy) City Manager Wysocki reminded the Commission of the presentations by the Montana Department of Transportation at last week's work session. He noted that if the Commission authorizes the MOoT to conduct the study, the final action is taken by the Transportation Commission. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission authorize the Montana Department of Transportation to conduct a special speed zone study on the 19th Avenue corridor from Baxter Lane to Kagy Boulevard. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, . Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No, none. Authorize Montana Deoartment of Transportation (MDoT) to conduct/review data for soecial speed zone study on Kaay Boulevard (South 19th Avenue to east city limits) City Manager Wysocki reminded the Commission that Director of Public Service Phill 02-05-96 - - 8 - Forbes presented the staff's evaluation of this subject roadway at last week's work session. Responding to Commissioner Frost, the City Manager stated that the master plans and transportation plans from 1958, 1972, 1981 and 1993 have identified Kagy Boulevard as part of an arterial loop in the community. . It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission authorize the Montana Department of Transportation to conduct/review data for a special speed zone study on Kagy Boulevard between South 19th Avenue and the east city limits. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none. Reauest for concurrence with proposed Phase I safety improvements for specified intersections. includina tree trimming and parkina restrictions. as contained in Marvin & Associates report submitted on Januarv 29. 1996 City Manager Wysocki reminded the Commission that this item was also a part of the presentations at last week's work session. . Commissioner Rudberg stated she will support moving forward with these safety improvements; however, she has a couple concerns. She asked that staff keep a record of the damage caused to curb bulbs and the difficulties which those curb bulbs may present when plowing snow. She also expressed concern about the potential for build-up of ice and snow on the curb bulbs, creating a hazard for pedestrians, and questioned whether those curb bulbs will negatively impact drainage areas. She forwarded additional concerns about how those curb bulbs might impact bicyclists, particularly if they are not aware of the bulbs along certain roadways, and potential for conflicts with vehicular traffic as they may veer to avoid hitting the curb bulbs. Additional concerns include responsibility for maintenance of the landscaping and the potential stench and visual pOllution from dogs using the curb bulbs. Neighborhood Coordinator/Grantsperson Goehrung stated that he placed a notice in . the newspaper to generate awareness that the study was available in City Hall for public review and to let the public know that they would be given an opportunity to comment at this meeting. No one was present to comment on the proposed intersection improvements. 02-05-96 -----..--- --...- - - 9 - It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission authorize and direct the consultant and staff to proceed with the intersection improvement projects as identified in the Marvin & Associates report submitted on January 29, 1996, except for the intersection of South 19th Avenue and West Babcock Street. 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. Depositorv Bonds and Pledaed Securities as of December 31 , 1995 In compliance with the provisions of Sections 7-6-201 to 7-6-212, Montana Code Annotated, Commissioner Frost and Commissioner Youngman have examined the receipts of Depository Bonds and Pledged Securities held by the Director of Finance as security for City funds deposited in Bozeman banks. Commissioner Youngman reported that the inventory of Depository Bonds and Pledged Securities was found to be in order. . It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the Commission approve the Pledged Securities as of December 31, 1995, listed as follows: DEPOSITORY BONDS AND SECURITIES DECEMBER 31, 1995 RATE MA TURITY RECEIPT NO. TOTAL AMOUNT FIRST SECURITY BANK - Bozeman Federal Deposit Insurance Corporation $ 100,000.00 Trusteed with American Bank, N.A.: Dupage Cnty, III SID #045 Bds 6.1 06/01/2001 180001290 $ 300,000.00 Newton, IA Bonds SRS 1989 9.50 06/01/1998 180001284 150,000.00 Canton, TX, Indpt SID Rfdg Bond 5.65 02/15/2000 180001293 345,000.00 . Cowlitz Cnty WA SID #401 6.30 06/01/2000 180001295 290,000.00 Sub-Total - First Security Bank - Bozeman $ 1 ,085,000.00 02-05-96 -. - 10 - Pledginq Amendment to ReDurchase Aqreement: Trusteed with American Bank, N.A.: Fed Home Loan Banks floater 07/28/1997 180001212 $ 1,000,000.00 Fed Home Loan Banks floater OS/21/1999 180001216 1 .000.000.00 Sub-Total - Repurchase Agreement $ 2.000.000.00 . TOT AL - First Security Bank - Bozeman $ 3,085.000.00 This is to certify that we, the Commission of the City of Bozeman, in compliance with the provisions of Section 7-6-207, M.C.A., have this day certified the receipts of the American Bank, N.A., for the Depository Bonds held by the Director of Finance as security, for the deposit for the City of Bozeman funds as of December 31, 1995, by the banks of Bozeman and approve and accept the same. DON E. STUECK, Mayor JOE N. FROST, Commissioner JOAN M. RUDBERG, Commissioner . ALFRED M. STIFF, Commissioner MARCIA B. YOUNGMAN, Commissioner The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost and Mayor Stueck; those voting No, none. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Memo from Commissioner Youngman regarding unusual code provisions in other communities. . (2) Copies of two donations to the DARE program, in the amounts of $620 and $4,500, received on January 31, 1996. (3) Letter of resignation from the Bozeman Area Bicycle Advisory Board, received from Rosemary Burton. 02-05-96 - 11 - (4) Copy of the draft memo of response to Ms. Carol Dietrich's questions. The City Manager asked that the Commissioners forward any comments about this proposed response as quickly as possible, since a timely response to Ms. Dietrich is desired. (5) Agenda for the meeting of the Headwaters Cooperative Recycling Project, . scheduled for February 8 at the Boulder Courthouse, along with notes from the meeting held on January 10. (6) Memo forwarding proposed by-laws for the Design Review Board. (7) Letter from Mr. Ralph Olsen, 1605 West Kagy Boulevard, dated January 31, 1996, expressing opposition to raising the speed limit along Kagy Boulevard. (8) Memo from the City Manager, forwarding a memo from Assistant City Manager Brey and Administrative Services Director Gamradt, dated February 5, asking for authority to expend an additional $10,000 for needed computer upgrades to accommodate a new software system in the City Court. The City Manager indicated that this item will be placed on the February 20 agenda for formal action. He stated, however, that since time is of the essence, staff will proceed with . the acquisition process immediately unless there is Commission objection; no objection was registered. (9) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, February 6, in the Commission Room. 10) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, February 6, in the Commission Room. (11 ) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, February 6, at the Courthouse. (12) The City Manager submitted his weekly report, as follows. (1) Spoke at the County Commission's public hearing regarding the proposed levy for libraries. (2) Announced that reviews of capital improvement program items continued with various department heads . last week. (3) Expressed concern that the rapid warming of temperatures could result in some water line breaks. (4) Announced that crews are cutting ice out of Bozeman Creek. (5) Noted that the Clerk of the Commission has distributed copies of the input regarding possible changes to the zone code to each of the Commissioners. He indicated that an initial review of these proposals will be placed on the February 12 work session. (7) Announced that a map showing 02-05-96 _._"-,..,---'---~ - .- - 12 - property ownerships adjacent to the city limits has been posted in Neighborhood Coordinator/ Grantsperson Goehrung's office. He asked that the Commissioners review that map to determine if ownerships of additional properties are needed. (8) Announced that the February 26 work session will be devoted to beginning the goal setting process, with that process to be based on his previously-distributed memo; the Commission concurred. . (13) Commissioner Rudberg asked that notices be published in the newspaper to make the public aware of where road construction and intersection improvements are occurring during the summer construction period. (14) Commissioner Stiff submitted the following. (1) Asked when the next joint work session with the County Commission is scheduled. (2) Attended the Senior Center Board meeting last week. He noted that during the month, 2,178 meals were served through Meals on Wheels, and 2,179 meals were served at the Senior Center. He noted that the Board is considering various ways to utilize the additional space that will be made available through the upcoming expansion. He stated that the Board forwarded its appreciation for Mayor Stueck serving on the architectural review committee. (3) Noted that David Smith, Executive Director . of the Bozeman Area Chamber of Commerce, spoke at the SCORE meeting last week. (15) City Attorney Luwe submitted the following. (1) Last week, the prosecutors had another marathon session for setting of trials. Between now and April, all of the cases which were set during the two marathon sessions will be tried; and that should complete the backlog of cases. (2) Announced that he has almost completed his changes to the rules of procedure; and they should be included in next week's packet, for action at the February 20 meeting. (16) Mayor Stueck submitted the following. (1) Noted that on March 15, the Montana Department of Transportation is conducting a seminar regarding sidewalks, curbs and ramps. (2) Announced that a meeting is to be held in Washington, D.C. to discuss developing of business relations with the Pacific Rim. (3) Attended the Southwest Montana Building Industry Association meeting on Thursday night. (4) Served on the architectural selection committee . for expansion of the Senior Center. (5) Noted that the Commissioners have received copies of the communication from the County Commission to Lisa Prugh and Stuart Whitehair, terminating their positions on the City-County Planning Board as County appointees. He stated that during a conversation with one of the County Commissioners, he was informed that they have appointed Michael Vincent to one of those vacancies; and the other appointment is to be 02-05-96 --- -- --------- --.--- - 13 - made on Tuesday. He expressed concern that Michael Vincent is still a City appointee, and suggested that his resignation from the City position should be received prior to tomorrow night's Planning Board meeting, since he cannot represent both governmental entities at the same time. . (1 7) Mayor Stueck asked when the Commission is going to act on the temporary barricade across North 20th Avenue. Commissioner Youngman responded that the neighborhood wishes to conduct one or two more meetings prior to forwarding its suggested remedies to the Commission. ( 18) Commissioner Frost noted that the Southwest Montana Building Industry Association is scheduled to meet with the Recreation and Parks Advisory Board to discuss parks and open space. He forwarded his support of such meetings, noting that they can prove beneficial for all parties. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. . Commission Resolution No. 3102 - relatina to issuance of DNRC 1996 Refunding Revenue Bonds for Water System Revenue Bond. Series 1989B; amendina authorizina resolution adoPted May 22. 1989 and Bond (for Lyman Creek Water Improvements. Phases I and II) COMMISSION RESOLUTION NO. 3102 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO A WATER SYSTEM REVENUE BOND, SERIES 1989B; AMENDING AUTHORIZING RESOLUTION ADOPTED MA Y 22, 1989 AND BOND. Commission Resolution No. 3103. relating to issuance of DNRC 1996 Refunding Revenue Bonds for Water System Revenue Bond. Series 1991; amendina authorizing resolution adoPted April 15. 1991 and Bond (for Lyman Creek Water Improvements. Phases II and III) COMMISSION RESOLUTION NO. 3103 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO A WATER SYSTEM REVENUE BOND, SERIES 1991; AMENDING AUTHORIZING RESOLUTION ADOPTED APRIL 15, 1991 AND . BOND. Commission Resolution No. 3104 authorizing City's participation in - recertification in the Montana Certified Cities Proaram and desianating the Gallatin Development Corporation as sponsorina organization COMMISSION RESOLUTION NO. 3104 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA. AUTHORIZING THE CITY'S PARTICIPATION IN RECERTIFICATION 02-05-96 . -- - 14 - IN THE MONTANA CERTIFIED CITIES PROGRAM AND DESIGNATING THE GALLATIN DEVELOPMENT CORPORATION AS THE SPONSORING ORGANIZATION. Authorize Mayor to sign - Findings of Fact and Order - Willow Subdivision - subdivide 10.123 acres located in Barrick Annexation. in the NE%. Section 11. T2S. R5E. MPM. into 12 four-plex residential lots. 36 four- Dlex townhouse lots and Dark site (north side of West Babcock Street, . west of Hunters Way) Ratify City Manager's signature - Missouri River Drua Task Force Local Drua Task Force Aareement for Fiscal Year 1996-1997 Ratify City Manager's signature - Telechone Maintenance Agreement between City of Bozeman. Gallatin County and TRI Touch America for ceriod endina June 30. 1996 Authorize City Manaaer to sian - Sanitary Sewer and Water Piceline and Access Easement Aareement - between Farmhouse Partners--Bozeman and the City of Bozeman - 32-foot-wide easement across Lot 1. Minor Subdivision No. 162 (southwest corner of intersection of Haaaerty Lane and Ellis Street) Authorize City Manaaer to sign - Professional Services Aareement between City and Morrison-Maierle. Inc. - enaineering services for rehabilitation and excansion of existing sludge lagoons and construction of waste secarator handlina facility at WWTP Authorize City Manager to sign - well easement on DrODerty at 541 Perkins Place - between City and William David McKenzie . Authorize City Manaaer to sign - Professional Services Aareement with Thomas. Dean and Hoskins. Inc.. for redesian of South 19th Avenue from Kagy Boulevard to West Main Street Claims It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No, none. Recess - 4:40 D.m. . Mayor Stueck declared a recess at 4:40 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 D.m. Mayor Stueck reconvened the meeting at 7:00 p.m., for the purpose of conducting the 02-05-96 ---.. .. - 15 - scheduled public hearings. Public hearina - Zone MaD Amendment - "R-3" to "R-O" - Lowell SDrinaer for Larrv and Sharon Witt, Alta Mav Newman and Dona I. Harris ~ Lot 14, Richard's Subdivision: Lot 1, Minor Subdivision No.9: and lot 1, Mae's Amended Subdivision (1532 and 1516 West Babcock Street) (Z-95149) . This was the time and place set for the public hearing on the Zone Map Amendment from "R-3", Residential--Medium-density, to "R-O", Residential--Office, as requested by Lowell Springer for Larry and Sharon Witt, Alta May Newman and Dona I. Harris, under Application No. Z-95149, on Lot 14, Richard's Subdivision; Lot 1, Minor Subdivision No.9; and Lot 1, Mae's Amended Subdivision. The subject property is more commonly known as 1532 and 1516 West Babcock Street. Mayor Stueck opened the public hearing. Associate Planner Dean Patterson presented the staff report. He stated that under this application, three lots along the south side of West Babcock Street, west of South 15th Avenue, are to be rezoned to accommodate possible conversion to either multi-family or office uses. He reviewed the surrounding land uses, which include commercial to the north, multi- . family residential development to the south, residential development to the east and commercial to the west. He noted that the middle lot contains a large older residence with some historic significance, the eastern lot contains a four-plex, and the western lot is vacant. The Associate Planner stated that Planning staff is concerned about the impact this proposed change in zoning might have on the historically significant structure on the subject property as well as properties to the east. He noted, however, staff also recognizes that the proposed change to R-O zoning could lead to greater flexibility in adaptive re-use of the larger residential structure. He cautioned that this rezoning might not adequately provide for conversion of smaller structures to commercial uses, noting that R-O zoning on properties to the east would probably be inappropriate. . Associate Planner Patterson stated that, following review of this application in light of the twelve criteria set forth in the zone code, staff forwarded a recommendation for approval of this application. He noted that, following its public hearing on January 16 and consideration of twelve criteria and staff findings, the Planning Board concurred in the staff's recommendation and has forwarded its recommendation for approval. 02-05-96 - 16 - Mr. Lowell Springer, architect representing the applicants, indicated that the applicants concur with the staff report and noted a willingness to respond to questions. No one was present to speak in opposition to the requested zone map amendment. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. There were no Commissioner objections to waiving the customary one-week waiting . period for land use decisions, so the Commission proceeded to the motion and vote. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission approve the Zone Map Amendment from "R~3", ResidentialnMedium-density, to "R-O", ResidentialnOffice, as requested by Lowell Springer for Larry and Sharon Witt, Alta May Newman and Dona I. Harris, under Application No. 2-95149, on Lot 14, Richard's Subdivision; Lot 1, Minor Subdivision No.9; and Lot 1, Moe's Amended Subdivision, and authorize and direct staff to bring back an ordinance enacting the change as soon as possible. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none. . Public hearina - COA with deviation from Section 18.30.050. to allow building to encroach 5 feet into required 25-foot front yard setback on Lots 7. 8, 9, 10 and 11. Block 1. Scringbrook Addition - Michael Delanev. lIeanna Indreland and Delanev & Comcanv (2-95142) This was the time and place set for the public hearing on the Certificate of Appropriateness with deviation from Section 18.30.050 of the zoning ordinance, as requested by Michael Delaney, Ileanna Indreland and Delaney & Company, under Application No. 2- 95142, to allow a new building to encroach 5 feet into the required 25-foot front yard setback on Lots 7, 8, 9, 10 and 11, Block 1/ Spring brook Addition. The subject site is more commonly located at the northwest corner of the intersection of North 7th Avenue and West Main Street. Mayor Stueck opened the public hearing. Associate Planner Dean Patterson presented the staff report. He stated that the . requested encroachment is into the front yard setback along West Main Street. He noted that the applicant previously applied for, and received, a variance from the Board of Adjustment to allow the subject building to encroach 12 feet into the North 7th Avenue front yard setback. He noted that the property is zoned B-2, Community Business; and it lies in both the North 7th Avenue and West Main Street entryway overlay districts. 02-05-96 .....n ____ - 17 - The Associate Planner stated that the proposed 3,200-square-foot building is to house a coffee shop and bakery plus a 400-square-foot loft area for offices for those businesses. Under the proposed site plan, the zone code requirements for parking and landscaping are to be met. The parking lot is to be located between Blockbuster Video and the new structure; thus, it will be screened from North 7th Avenue. Under this proposal, the existing mature elm . trees are to remain and be incorporated into the landscaping. He forwarded staff's recommendation that the proposed planting area along the west side of the parking lot be moved to expand the area around the mature trees, to ensure their protection. Proposed signage for the site is to be in compliance with the sign code requirements. The Associate Planner stated that the building is to have brick veneer finishes along the east side and south end; and the remainder of the building is to be metal sided, with a metal roof. Large windows are proposed along the east and south facades. He noted that staff has reviewed the design and feels that it fits the site and is appropriate for the region. Associate Planner Patterson reminded the Commission that in 1994, it saw a very similar plan that included a multi-story structure and seven variances from the zone code. The . smaller building that is proposed at this time eliminates most of the variances requested in the previous application. The Associate Planner stated that during Development Review Committee review of this application, substantial concern was expressed about access to this site. As a result of those concerns, the Development Review Committee has forwarded recommended conditions pertaining to the access points. Also, Montana Department of Transportation (MOoT) review includes the requirement for raised barriers at the accesses that will allow for right turn maneuvers only into and out of the alley and Main Street access points. He stated that diagonal parking spaces are being recommended on the southernmost part of the parking lot to allow for better stacking of vehicles exiting the site. The applicant is also being required to provide a 24-foot-wide entrance into the alley to accommodate two-way traffic, as a . recommended condition of approval. Responding to Commissioner Frost, the Associate Planner proposed that Condition No. 32, pertaining to on-site lighting, be revised to require that the lighting be in compliance with the design objective plans rather than the zone code. 02-05-96 -------. -- . ... ...-.. .-.------- - 18 - Mr. Jeff Downhour, PLACE Architects, representing the applicant, showed the Commission a color drawing of the proposed structure. He stated that conversations with the Montana Department of Transportation have resulted in the designing of entrances to North 7th Avenue and West Main Street that meet the safety concerns and are acceptable to the MOoT. He noted that conversations with Montana Power Company have resulted in a plan to relocate . the utility poles so they are no longer in the alley right-of-way, so that the extra width of paved alley can be accommodated. Mr. Downhour stated that the applicant has problems with two of the recommended conditions. The first pertains to requiring the angle parking spaces at the south end of the lot, particularly since that change will create a small triangle of landscaping, decreasing the overall total of landscaping so that it does not meet the code requirements. He suggested that, since the new building is to be located in the same area as the old house, the tree roots have probably already been trained to grow in other directions; and he does not believe that the trees will need any additional landscaping around them to protect them from the building or vehicular movement. . Mr. Downhour turned his attention to Condition No. 16, which requires that the applicant dedicate an additional 4 feet of right-of-way to accommodate a 24-foot-wide alley the full length of the subject property. He stated that, since the Blockbuster Video building is located on the alley right-of-way line and the alley is 20 feet wide, the alley must be narrowed at the end of the property. His preference is to angle the alley back to the 20-foot width, rather than creating a potential problem by ending the 24-foot width at the side of the adjacent building. He stated that the applicant would also prefer to provide an easement for the addition 4 feet, rather than dedicating the right-of-way, as required in the recommended conditions. Mr. Downhour noted that, from a design standpoint, the proposal is essentially the same as the previous proposal, although the building is smaller and contains a different type of business than was originally contemplated. He characterized this change as more people . friendly and in keeping with Bozeman's character. He then showed the Commission pictures of a recently-completed building on the Montana State University campus, which is basically metal sided, noting that those types of structures have become increasingly attractive. No one was present to speak in opposition to the requested deviation. 02-05-96 -. -- - .._u ---.-.--- n_____n...__... - 19 - Responding to Mayor Stueck, Associate Planner Patterson stated that during the Development Review Committee review, the City Engineer was very specific about requiring a dedication of the 4-foot strip for alley right-of-way rather than accepting an easement. He noted that the subject alley is heavily used at the present time and, with development of this . parcel, that use will increase significantly. Because of the traffic volume, it is imperative that a 24-foot-wide alley be provided to ensure there are two clear driving lanes at all times. Following discussion on the issue of easement versus dedication, the Associate Planner suggested that the condition could be revised to require either dedication or an easement, whichever is satisfactory to the City Engineer. Responding to City Manager Wysocki, Associate Planner Patterson stated there is adequate room on the site to provide the required amount of landscaping, even if the angle parking is required and a portion of the initially proposed landscaping area is lost. He suggested there are other landscaped areas that could be expanded without compromising traffic patterns or parking spaces. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. . There were no Commissioner objections to waiving the customary one-week waiting period for land use decisions, so the Commission proceeded to the motion and vote. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission approve the Certificate of Appropriateness with deviation from Section 18.30.050 of the zoning ordinance, as requested by Michael Delaney, Ileanna Indreland and Delaney & Company, under Application No. Z-95142, to allow a new building to encroach 5 feet into the required 25-foot front yard setback on Lots 7, 8, 9, 10 and 11, Block 1, Springbrook Addition, subject to the following conditions: 1 . The final site plan shall be adequately dimensioned. 2. Plans and specifications for (a) storm drainage improvements, (b) public or private street and/or alley improvements (including paving, curb, gutter and sidewalks), and (c) fire service lines over 4 inches in diameter, as . prepared by a Professional Engineer (P.E.) licensed in the State of Montana, shall be provided to and approved by the City Engineer. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved. The developer shall be responsible to submit plans and specifications and to obtain the necessary permits from the Montana Department of 02-05-96 ----.-- - 20 ~ Transportation (MOoT) prior to beginning construction of public or private infrastructure improvements within MDoT's North 7th Avenue and West Main Street rights-of-way. This shall include approach permits for the new West Main Street approach and change in the use of the existing North 7th Avenue approach. No building permits will be issued prior to City and State (where applicable) acceptance of the infrastructure improvements. . 3. Sewer/Water services, including fire service lines, shall be approved by the Water/Sewer Superintendent. City of Bozeman applications for these services shall be completed by the developer. The developer shall provide fire service line capacity calculations, prepared by a Professional Engineer (P.E.), with the final site plan. The proposed 2-inch fire service line and 2-inch domestic service line will be constructed by the City Water/Sewer Department at the developer's cost. Per Fire Service Line Policy, separate submittal of plans and specifications for the fire service line may be required. 4. All infrastructure improvements, including public streets and alleys, curb, gutter, sidewalks, and storm drainage infrastructure improvements, shall be constructed prior to issuance of a Temporary or Permanent Occupancy Permit. 5. City Standard "No Parking" signs shall be placed along both sides of the alley at the north side of the subject property. The number and format of the signs shall be coordinated with the City Sign Department. 6. Typical curb details (i.e., raised ends/drop curbs) and typical asphalt . paving section detail shall be provided to and approved by the City Engineer. 7. Concrete curbing shall be provided around the entire new parking lot perimeter and adequately identified on the final site plan. 8. Curb wheel stops shall be installed in parking spaces on the west side of the parking area to avoid damage to the adjacent building. 9. The Storm Water Drainage/Treatment Plan for a system designed to remove solids, silts, oils, grease and other pollutants must be provided to and approved by the City Engineer. The plan must demonstrate the following: a. Adequate site drainage, including existing contours, proposed spot elevations, flow directional arrows, and sufficient spot elevations along drainage courses; b. Adequate drainage to an acceptable discharge device (i.e., street gutter, drainage swale, storm water inlet, etc.); c. Storm water discharge destination (i.e., ditch, basin, etc.); . d. Storm water detention/retention basin details (including basin sizing and discharge calculations and discharge structure details). e. Backup information/analysis to ensure that detention/retention basin percolation does not adversely impact adjacent structures must be provided. 02-05-96 . --.- - ~ 21 - 10. Due to capacity limitations in the existing West Main Street storm drain, construction of storm drain connection to the existing West Main Street storm drain is prohibited. 11. The location of all existing utilities (Le., water, sewer, storm drain, gas, electric, telephone, cable TV, fire hydrants) shall be clearly depicted on the final site plan. 12. A sewer service sample manhole shall be provided on the sewer service. . The location shall be identified on the final site plan and a detail for the unit shall be provided and approved by the City Engineer. 13. A Pretreatment Program Sanitary Sewer Survey shall be completed by the applicant and submitted to the Engineering Department prior to final site plan approval. 14. Public street intersections shall be free of plantings which at mature growth will obscure vision within the site triangle. 15. The developer shall be responsible for all costs required to remove the two Montana Power Company power poles located in the alley on the north side of the described property and the cost to install new poles, cable, conduit, meters, and all other incidental items required to service MDoT's North 7th Avenue/West Main Street traffic signal and adjacent street sign light. The developer shall submit application and obtain the necessary permits from Montana Power Company prior to final site plan approval. 16. The developer shall construct entrance approaches and features at the alley on North 7th Avenue and at the proposed entrance on West Main . Street in accordance with MDoT requirements. The developer will be responsible to construct a 24-foot wide paved alley section (per Section 18.50.110. C.2.b of the zoning ordinance) from North 7th Avenue to the westerly terminus of the property. The alley pavement section shall be submitted with the final site plan to the City Engineer for review. The developer shall either dedicate or provide an easement for 4 feet of additional right-of-way to the City for alley purposes to accommodate the widened alley section (currently a 20-foot alley right-of-way), as determined by the City Engineer. In addition, the developer shall dedicate to the City any additional alley right-of-way required at the approach on North 7th Avenue to accommodate MDoT's required geometric approach configurations. 17. The owner shall provide an approved "knox box" key box containing keys to access all fire sprinkler control valves. 18. All sprinkler control valves shall be accessible in a room or area. Crawl spaces are not an acceptable location. 19. Because of the potential for vehicles to utilize the public alley to egress this proposed project, and because of the volume of pedestrian traffic . crossing the alley, the appropriate signage, per MUTCD, shall be installed at the northwest corner of the building to the west. The Street Department recommends a stop sign for westbound traffic at that location. The signage shall be installed at the developer's expense and in accordance with City of Bozeman sign installation specifications. 20. The Street Department is in agreement with the Montana Department of Transportation for only allowing right turns in and out of the proposed parking lot onto West Main Street and/or North 7th Avenue. Signs shall 02-05~96 - 22 - be erected denoting these restricted exits out of this proposed development. 21. Adequate snow storage shall be shown on the final site plan and final landscape plan. Snow storage shall be on the subject property, but out of sight triangles, drive accesses, and required parking stalls. If the site is inadequate in size to accommodate snow storage, then the developer shall provide, in writing to the Planning Office, a letter stating the . intention to haul the snow off-site when necessary. 22. If a garbage dumpster enclosure is required for this project, then the applicant shall coordinate the enclosure design with the garbage hauling company to assure that it is constructed of appropriate size and placed in a proper location accessible to the collection vehicle. 23. All water and sewer lines and mains, both existing and proposed, shall be accurately shown and sized on the final site plan and on the final landscape plan. The water main under West Main Street is believed to be 6 inches in diameter. The developer must verify the location of the mains prior to final site plan approval. 24. The nearest available fire hydrant and all fire hydrants within 500 feet shall be shown or indicated on the final site plan. 25. Accurate, dimensioned details of domestic water meter location on the inside of the building must be shown on the final site plan. The minimum room size is 8 Y:.z feet by 7 Y:.z feet (if domestic and fire are in the same rooml based on a 2~inch service. 26. Accurate, dimensioned details of the fire service riser location on the . inside of the building must be shown on the final site plan. If a 2-inch line is specified, calculations must be provided by the design engineer showing adequate sizing for the system. 27. The applicant shall provide written confirmation or verification to the Planning Office, prior to final site plan approval and construction, of the following: a. documentation from MOoT verifying the design and installation of all access points to the site prior. b. documentation of MOoT permission to make any street cuts into the North 7th Avenue and West Main Street rights-of-way prior to final site plan approval. c. confirmation of the agreed-upon power configuration from the Montana Power Company and MOoT. Any alteration to the power poles in the alley shall be undertaken in accordance with all requirements stipulated by the Montana Power Company and MDoT. . 28. The applicant shall provide adequate parking for the uses proposed according to Section 18.50.120 of the zoning ordinance. 29. The applicant shall provide a Master Sign Plan as specified in the Sign Code, prior to final site plan approval. 30. All sight triangles (for accesses, arterial, and alleysl shall be correctly placed on the final site plan. 02-05-96 .. ._.___.... _... u_ _...___ ~ 23 - 31. All requirements of the Bozeman Municipal Code and all Planning Office policies regarding final site plan submittals, Improvements Agreements, Occupancy Permits, financial guarantees, and building permit applications shall be complied with during the process of completing the proposed project. 32. The parking lot lighting poles shall not be located along the front of parking stalls where they can be damaged by cars. It is suggested that . lighting poles be placed at the ends of rows of parking or in landscape islands. Exterior lighting shall be in conformance with the Design Objective Plans. 33. The applicant shall prepare and implement a tree protection plan as soon as possible and prior to final site plan approval. Said plan shall include a means of preparing the roots for disturbance prior to site grading or excavation to improve the trees' chances for survival. Said plan shall also include specifications for protecting above-ground parts of the trees during construction. The plan shall be prepared, and approved by an individual qualified to prepare landscape plans as specified in the zoning ordinance. 34. The masonry screen wall along West Main Street not exceed 4 feet high. 35. Unless the applicant proposes a suitable landscaping alternative, the site shall be landscaped according to the zoning ordinance to earn 10 points for superior parking lot landscaping (1 planting group + 1 large canopy tree, 360 square feet of additional landscaping, and less than 70 feet between parking stalls and trees n all distributed throughout the immediate vicinity of the parking lotI, and 5 points for landscaping one . of the front yards to include 1 planting group per 50 feet of yard. Such landscaping shall provide the applicant with the required 15 landscape performance points. Landscaping shall provide 75-percent ground coverage in live vegetation. 36. An irrigation plan shall be included in the final site plan that demonstrates that the landscaping will be adequately irrigated and maintained as required by the zoning ordinance (Sections 18.50.100.D.i and 5.D.al. The irrigation plan shall include the location of a water source. 37. The planting island located on the west side of the parking lot shall be moved to the east side, adjacent to the elm trees, to provide added space between the trees and the adjacent parking stalls. 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. . Adiournment - 7:37 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 02-05-96 - 24 - Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. . ( 00>7 L./5~ DON E. STUECK, Mayor ATTEST: r2~ /k~ ROBIN L. SULLIVAN Clerk of the Commission . . 02-05-96