HomeMy WebLinkAbout1995-08-28 ccmWORK
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MINUTES
OF THE WORK SESSION/AGENDA MEETING
OF
THE CITY COMMISSION
BOZEMAN,
MONTANA
August
28, 1995
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. The Commission of the City of Bozeman met in work session and agenda meeting
in
the Commission Room, Municipal Building, August 28, 1995, at 3:00 p.m.
Present were
Mayor Vincent,
Commissioner Youngman, Commissioner Stiff, Commissioner
Stueck,
Commissioner Frost, City Manager Wysocki, Staff AttorneylProsecutor Tim
Cooper and Clerk
of the Commission Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
Work Session - (A) Review of Dublic hearing draft of urban renewal plan
(B) Review of draft
Bozeman Ponds Manaaement Plan - Rav Heaanev (C) Discussion - any DroDosed
changes to
aDDrODriation ordinance (D) Review of interlocal aareement and bvlaws for
ioint disDatch center
(E) Discussion - Droblems encountered in Mathew Bird Creek because of beaver
dams
(A) Review of public hearing draft of urban renewal plan
. Assistant City Manager Ron Brey highlighted some of the major items contained
in
the public hearing draft of the urban renewal plan, as prepared by the
ad hoc committee. He
noted that the committee's public input session on this plan is scheduled
for 7:00 p.m. on
Thursday, August 31; and Clerk of the Commission Sullivan will be taking
the minutes for that
meeting. He noted that the committee will consider the information received
during the pUblic
input session as it prepares the plan which is to be submitted to the City-County
Planning Board
for formal processing.
The Assistant City Manager stated that the plan proposes the creation of
an urban
renewal agency which oversees the details of implementing the plan.
The agency will be
administered through a board comprised of five voting members, all of whom
must be city
residents under State statute, plus seven non-voting members. The plan
will be implemented
. through annual work plans which are prepared by the board and approved by the City
Commission.
The Assistant City Manager stated that key issues and guiding principles
have been
identified in the draft plan. The principles are generally prioritized,
in groups of three, as they
are listed in the plan. He highlighted some of the main principles, which
include encouraging
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the flow of traffic to the downtown as a destination, and the discouraging
of the flow of
through traffic;
encouraging diversity and maximizing of densities in the downtown;
encouraging additional residential development in the downtown; and creating
a pedestrian
friendly downtown. He noted that the committee recognizes these items must
be implemented
. incrementally, over a period of time.
Assistant City Manager Brey noted that a significant amount of discussion
has
revolved around financing. The committee has identified several possible
sources of funding
with which to accomplish the objectives of the urban renewal plan, with
tax increment funding
being a part of the overall funding.
He forwarded the committee's emphasis that the tax
increment funds are to be used for public improvement projects and in the
public portions of
private development, but are not to be used for the exclusive benefit of
private parties. The
tax increment program is to be for a period of fifteen years; and then
only those monies needed
to retire any bonded indebtedness will be retained, with the remainder
of the tax increment
reverting to the appropriate taxing jurisdictions.
The Assistant City Manager stated that the last section of the draft pertains
to the
. first year program, in which items to be implemented prior to receiving any flow of tax
increment monies are identified.
The Assistant City Manager stated that, after it receives public input
later this week,
the committee will prepare the draft document which will be forwarded to
the Planning Board
for consideration in light of the master plan. Following that review, the
Board will forward its
recommendation to the City Commission and, after considering the Board's
recommendation
and input received during its public hearing, the Commission will make
the final decision on the
proposed urban renewal plan.
Responding to Commissioner Stueck, the Assistant City Manager stated that
little
public input has been received to date; and he does not anticipate any
dramatic increase in
input during the pUblic hearing process.
. (E) Discussion - problems encountered in Mathew Bird Creek because of beaver
dams
City Manager Wysocki stated that on Friday morning, representatives from
the City,
the State of Montana Department of Fish, Wildlife and Parks, and residents
of the neighborhood
viewed Mathew Bird Creek at the end of Dell Place.
That viewing revealed that water is
running out of the creek, across private property, and down Dell Place
and South Bozeman
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Avenue to East Olive Street as a result of beaver dams. He noted that representatives
of Fish,
Wildlife and Parks have indicated that, while the City's 35-foot setback
from streambanks is
appropriate for addressing fisheries, it does not effectively address the
issue of beaver. He
then encouraged the Commission to recognize that the City must cooperate
with the
. Department of Fish, Wildlife and Parks to address the existing problem and to take steps to
minimize the problems in the future.
Mr. Steve Lewis, Regional Supervisor for the Montana Department of Fish,
Wildlife
and Parks, characterized this as a fur bearer problem in an urban interface
area. He recognized
that the problem is mainly triggered by beaver, although otter and muskrats
could compound
it. He noted that the immediate need is to address the beaver dams, to
alleviate the flooding;
however, the next step is to address the large number of beaver that exist
in the immediate
area; and that will require cooperation from the City, the County, and
the FWP. He
characterized this as a very emotional issue, particularly when trapping
is being considered.
He forwarded his proposal to remove the dams, then bring in trappers to
remove the beaver.
He asked that, because of the harassment that trappers often receive, particularly
in urban
. areas, they receive needed security from the City police.
He noted that for the long-term
solution, the County must also become involved.
City Manager Wysocki stated that it took four Fish, Wildlife and Parks
employees over
two hours to remove the biggest dam on Saturday; and by Sunday afternoon,
three feet of that
dam was already replaced. He then stated that, in light of this problem,
it is important that not
only the number of beaver in that immediate area be reduced, but that some
of the available
materials be removed as well. He noted that there are a couple communities
in Montana that
hire trappers on a retainer to address issues like this.
He stated that in this instance, the
Department of Fish, Wildlife and Parks is willing to assist if they are
given police security for
those individuals.
. Responding to Commissioner Stueck, Mr. Lewis stated that the trappers can
either
live trap or kill trap. He suggested that, because of the close proximity to the linear trail and
the fact that there are a lot of children and dogs in the area, kill trapping
should be utilized in
the short term to reduce the number of beaver, estimating that ten to twelve
beaver currently
reside in the immediate area.
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Responding to Commissioner Youngman, Mr. Lewis stated that furbearers can
be
compatible with an urban setting under certain circumstances; however,
it is important that
they be controlled, particularly in areas like the Dell Place area.
Commissioner Youngman stated that, while she acknowledges the number of
beaver
. in an urban area may need to be controlled. she is very uncomfortable with kill trapping. She
suggested that, with some careful placements and monitoring, live traps
could be used.
The Commission recognized the problem that currently exists and generally
concurred
with the proposed remediation.
(B) Review of draft Bozeman Ponds Management Plan - Ray Heagney
Mr. Ray Heagney, Parks Specialist with the Montana Department of Fish,
Wildlife and
Parks, gave a brief overview of the draft Bozeman Ponds Management Plan,
noting that under
the recently approved lease, the City will assume responsibility for maintenance
and operation
of the Bozeman Ponds site.
He noted that the Breakfast Optimists' Club has been actively
involved in this change in responsibility; and the proposed plan has been
developed by the
(;if"
Bozeman Ponds Task Force, which includes representation from the City,
the Department of
. Fish, Wildlife and Parks, and interested citizens.
Mr. Heagney stated that under this plan, the west and middle ponds are
to be
combined and deepened, with water being piped from the spring-fed east
pond to make it a
more viable fishery. He noted that a trail is to be provided across the
ponds property, to ensure
connection to the trail to the School District/City parcel located along
the south side of West
Babcock Street in the Valley Unit Subdivision. He stated that the City
will provide the primary
funding source for maintenance of the area, with the Breakfast Optimists'
Club committing
$10,000 toward improvements to the site and $1,000 annually for five years
toward
maintenance of the site.
Mr. Heagney stated that the public comment period on the management plan,
. environmental assessment and lease agreement is currently in process; and
that 45-day period
ends on September 26. At the end of that period, the Department of Fish, Wildlife and Parks
will consider the public comment received and decide on whether to execute
the documents.
City Manager Wysocki stated that the local Fish, Wildlife and Parks office
has
requested City representation at the FWP Commission meeting which is to
be held on
September 8 in Helena.
He then forwarded his intent to send either Ron Dingman,
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Forestry/Parks Foreman, or Phill Forbes, Director of Public Service to that meeting, so they can
respond to any questions that might arise.
Mr. Ray Heagney stated that the Montana Department of Fish, Wildlife and Parks has
designated the parcel along Fowler Avenue known as the air strip as surplus property. That
. parcel will be sold to the highest bidder. but for no less than market value; and the sale will
include an easement for the trail from the Ponds to the school lands. He stated that the strip
is 100 feet wide and approximately 1,200 feet long; and if Fowler Avenue is extended within
the next twenty years, 33 feet of that strip will be taken for the roadway. He noted
that a
tentative agreement had been reached with Dennis Balian and Lonny Walker for allowing the
extension of Ravalli Street through this strip to provide access to their proposed subdivisions;
however, both of those applications have been withdrawn, thus eliminating the need for the
street extension at this time.
Responding to Commissioner Stueck, Mr. Heagney stated that no street easement for
Fowler Avenue exists on the FWP land; however, a utility easement does.
Responding to Mayor Vincent, Mr. Steve Lewis stated that the Department of Fish,
. Wildlife and Parks will continue to manage the fisheries and the vegetation at the Bozeman
Ponds.
Mr. Heagney noted that additional accessible fishing areas will be provided along the
ponds, with hard surface trails leading to them.
(C) Discussion - any proposed changes to appropriation ordinance
City Manager Wysocki reviewed the revisions which the Commission had incorporated
into the tentative appropriation ordinance. He then asked if the Commissioners wish to make
any additional changes prior to preparation of the appropriation ordinance, for action at next
week's meeting.
Commissioner Frost asked about the amount that should be appropriated for a traffic
signal at the intersection of North 19th Avenue and Durston Road, particularly since the
. estimates range from $50,000 to $200,000.
The City Manager stated that he has indicated to the Montana Department of
Transportation that if they can install the traffic signal for $75,000 or less, the City will bear
the costs. He then suggested that if the Commission wishes to identify this as a project to be
funded from the Fiscal Year 1996 budget, it could do so by determining to consider a budget
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amendment when the actual cost is known. Following
a brief discussion, the Commission
concurred.
Responding to questions from Commissioner Stiff, the City Manager suggested that
a factor for avoidance of the intersection could be argued when considering whether warrants
. exist for the installation of a traffic signal at that intersection, particularly if the numbers are
close.
Commissioner Stiff stated he is supportive of the idea
of promoting water
consideration; however, he does not feel that the monies which have been earmarked for
beginning the Sourdough Dam project should be siphoned off for that effort.
City Manager Wysocki suggested that encouraging water conservation does not
necessarily require the expenditure of any substantial amount of monies. He then noted the
issue of water conservation has been identified as a short-term goal to be addressed this fiscal
year; and he feels that can be accomplished under this budget with a slight revision in wording
and no change in the amount budgeted.
Responding to Commissioner Youngman, Administrative Services Director Gamradt
. indicated that the language for $100,000 line item under the Water Plant budget is not included
in the appropriation ordinance, but is included in the comprehensive budget document for Fiscal
Year 1995-1996. He then stated his intent to forward revised language for
consideration at
next week's meeting.
Responding to Commissioner Stiff, the City Manager stated that no additional monies
will be needed to set up an office for the new long-range planner position.
The City Manager then stated that, based on this discussion, staff will bring back the
appropriation ordinance with the same figures that were contained in the tentative appropriation
ordinance.
CD) Review of interlocal agreement and bylaws for joint dispatch center
City Manager Wysocki reviewed the draft copies of both the interlocal agreement and
. the bylaws for the joint dispatch/records center which had been distributed to the Commission
just prior to the meeting. He stated that, under this agreement,
the joint dispatch/records
service will provide services to all local government entities in Gallatin County except West
Yellowstone. The agreement is to be for a period of ten years, with provisions for automatic
renewal, and provisions for termination upon three years' written notice. The center is to be
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managed by a Communications Systems Director, serving under a seven-member Administrative
Board. The center will be separate from both the City and the County; however, the center will
be under the County's fiscal agent and personnel programs.
Because the center is working
with NCIC and CCIC records, a majority of the Board members must be involved with law
. enforcement; and the list of positions on the board reflects that requirement.
The City Manager stated that the one outstanding part of this interlocal agreement
is the financing for the center, which will be included as Appendix "A".
City Manager Wysocki stated that under the bylaws, a User Advisory Committee is
to be created. That committee is to be comprised of representatives of the
various user
groups, such as the rural fire departments, ambulance and Big Sky.
City Manager Wysocki stated that authorization for him to sign the interlocal
agreement and bylaws will be placed on next week's agenda, under the consent items.
He
noted that also on that agenda will be a joint resolution with the County for creation of the
center. He stated that the seven-member Board will then be constituted as quickly as possible,
and will proceed with selection of a Communications Systems Director. It is anticipated the
. Director will be hired around November 1, with the initial duties being to write policies and have
them in place in time for conversion to the joint center on January 1, 1996. The new entity
is to assume vacation and sick leave balances; however, any outstanding compensatory time
must either be taken or paid off as of January 1.
Responding to Commissioner Stiff, the City Manager stated that the monies which
have been initially budgeted for salaries will be expended as contracted services.
He then
projected that, since a portion of the costs of the center will be funded through 9-1-1 monies,
there will be little to no impact on the City's General Fund.
Agenda Meeting - for regular meeting to be held on SeDtember 5. 1995
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.
(5 ) Associate Planner/Urban Designer Patrick Morris provided a brief overview
of the Yellowstone Peaks Subdivision, under which a 6-acre parcel is to be subdivided into 44
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residential townhouse lots. He highlighted the issues identified at the Planning Board meeting,
including revision of the plan to provide for the roadway along the east side of the property
rather than the west side and the creation of a linear park strip along the east side of the road
and stormwater run-off detention area along the north end. Also, the replacement of street
. trees with a buffer strip along the linear park was identified as an issue.
Responding to Commissioner Frost, the Associate Planner stated that the police
concern about this subdivision was the standard generic concern about the impacts of
spreading the personnel thinner to cover a larger area, rather than a particular concern about
this proposal.
(6) Planning Director Epple noted that the City has received a letter of
withdrawal from the applicant for this proposed subdivision. He then highlighted some of the
issues surrounding the application for the Countryside Subdivision Planned Unit Development,
noting it is the second application received for this development. He
further noted that the
proposal included narrow streets, no parking on one side, five-foot-wide curb sidewalks located
in easements, and a drainage ditch located in the 20-foot rear yards of some of the duplexes.
. The only area identified for snow storage was the parkland area.
The Planning Director stated that during the public hearing, several of the neighbors
questioned why the Board should allow this development to be constructed with lesser
standards; and no real valid reasons seemed to be forthcoming.
Responding to Commissioner Frost, the Planning Director stated that no guarantee of
affordability accompanied this application.
Responding to Commissioner Stueck, the Planning Director stated that ways to create
more affordable units include constructing multi-family units rather than single-family units and
constructing two-story structures with smaller footprints, to better utilize the land and increase
the density of development. He then suggested that a subdivision with four-plex units and city-
standard streets would probably be acceptable to residents in the area.
. (9) The City Manager stated that the letters received from Jennifer Mitchell and
Jennifer Bordy concerning the final adoption of this ordinance are inappropriate at this time,
since the public hearing has been closed and the ordinance provisionally adopted.
He noted
that staff cannot initiate any text amendments; therefore, if any of the suggestions in those
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letters are to be incorporated into the code, they must be initiated either by those writing the
letters or the City Commission.
Planning Director Epple submitted revised drafts of the flow charts, noting
that the
revisions are based on the comments and suggestions received during the August 14 work
. session. He noted that these revisions do not reflect any substantive changes
in the flow
charts.
The Planning Director then submitted the beginning of a point-by-point
analysis of the
issues forwarded in Jennifer Mitchell's letter, noting that he is approximately 2/3 of the way
through that letter. He characterized a majority of the comments and questions in that letter
as misinterpretations rather than changes in the language approved by the Commission in July
1994. He reviewed the parameters of the Administrative Design Review staff actions, noting
that public input is to be received, and their decisions are appealable.
He reminded the
Commission that at least two members of the staff must qualify to serve on the ADR before
that option can be utilized under the code. He noted that this allows for an exchange of ideas
and helps to ensure that decisions are balanced.
. The Planning Director noted that the point-by-point review has allowed
staff to
reconstruct the initial process; and has helped to ensure that the proposed amendments are
appropriate and are what the Commission had approved as a result of its public hearing. He
then stated that he will complete his analysis of the issues contained in Mrs. Mitchell's letter
and will forward his completed response in the packet for next week's meeting. He indicated
that, to date, his review has shown one small change that is needed to address one of the
issues raised in Mrs. Mitchell's letter; and that change will, in fact, alleviate what would have
been an addition to staff's workload for noticing requirements for small projects by requiring
applicants to provide stamped, addressed envelopes.
Commissioner Frost stated that, while he is disappointed that it has taken
over a year
to complete the ordinance to enact these amendments, he is even more disappointed with the
. recent articles and editorials in the newspaper.
Responding to Commissioner Stiff, the Planning Director stated that he
has not seen
the letter which Mr. Ed McCrone sent directly to the Commissioners.
Commissioner Youngman stated that a review of the language in these amendments
has revealed that possibly some clarifications are needed. She suggested
that the
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amendments, as written, could limit the number of staff members who can
review applications
for completeness. She also noted that the wording does not specifically
indicate whether the
ADR decision is a group decision or an individual decision.
The Planning Director stated that he does not believe adoption of these
amendments
. will dramatically impact how applications are received in the office. He then noted that some
latitude in the ADR decision-making process is needed, particularly when
one of the members
of the ADR staff is on vacation.
Commissioner Youngman suggested that the wording in Section 18.42.030 should
be changed to more accurately reflect what the ADR and the DRB are empowered
to do, since
the list is confusing at this time. She also suggested that cross-referencing
between sections
could make it much easier for anyone researching the code. She then indicated
that she will
forward a list of the additional sections in which she feels some wording
changes may be
necessary, so they can be taken into consideration prior to next week's
meeting.
Commissioner Youngman also suggested that the flow chart be amended to
reflect
the timeline for what were previously referred to as "weekend projects".
She recognized that
. this could become difficult since those projects are actually a part of the sketch plan review
process; however, she noted that under the draft flow chart, it might appear
that the process
had been extended rather than maintaining the short review period.
(11 ) The
City Manager proposed that the Commission direct the Clerk of the
Commission to advertise for applications for the Board of Appeals, with
that advertisement
specifying the positions to be filled.
The Commission concurred.
Discussion - FYI Items
City Manager Wysocki presented to the Commission the following "For Your
. Information" items.
(1 ) Memo from Clerk of the Commission Sullivan,
dated August 25, regarding
topics for the joint meeting with the County Commission which is scheduled
for September 11.
The City Manager then stated that presentation of the impact fee study,
which was
originally scheduled for the evening of September 11, has been changed
to Wednesday,
September 27, during a joint meeting of the City and County Commissions.
He noted that this
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meeting will serve as the joint meeting, thus eliminating the September
11 joint meeting. He
also asked that the proclamation for a "Tobacco Free Week" be placed on
next Tuesday's
agenda for action.
(2)
Late submittal letter from Steve Perkins and Heidi Perkins, dated August 24,
. 1995. regarding the proposed garage/apartment at 501 West Story Street.
(3) Memo from County Planner Dale Beland and City-County Planning Director
Epple, dated August 15, announcing that the rescheduled meeting on growth
issues has been
set for December 5, 1995.
Commissioner Frost expressed concern about the fact that this meeting is
being
delayed for so long, and suggested that the Commission should possibly
discuss setting of an
earlier date.
(4)
Copy of a letter sent to property owners along East Mendenhall Street
between North Rouse Avenue and North Church Avenue, from Engineering Technician
Andy
Kerr, dated August 24, regarding the restricting of parking along the north
side of East
Mendenhall Street.
. (5 ) Letter
from Traci Welch, 519 North 18th Avenue, encouraging the
Commission to pursue the installation of a traffic signal at the intersection
of North 19th
Avenue and Durston Road.
(6)
Copy of the letter from the City Manager to Ms. Jennifer Bordy, along with
a copy of her comments on Ordinance No. 1406.
(7)
Copy of the letter from the City Manager to Mrs. Jennifer Mitchell, in
response to her comments regarding Ordinance No. 1406.
(8)
Agenda for the County Commission meeting to be held at 1 :30 p.m. on
Tuesday, August 29, at the Courthouse.
(9)
Agenda for the Development Review Committee meeting to be held at 10:00
a.m. on Tuesday, August 29, in the Commission Room.
. (10) Agenda
for the Design Review Board meeting to be held at 3:30 p.m. on
Tuesday, August 29, in the Commission Room.
(11 )
The City Manager submitted his weekly report, as follows. (1) Noted that
new carpet is being laid in City Hall, while trying to stay open for business
with as little
disruption as possible.
(2) Stated he is once again involved in the process of hiring a new
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Executive Director for the Bozeman Area Chamber of Commerce, (3) Announced that the Audit
Committee met with the auditor this afternoon, (4) Spoke to the Rotary
Club last Tuesday
about the budget and roads,
( 12) Commissioner Frost noted surprise at the number of letters and telephone
. calls he has received regarding the installation of sidewalks.
(13) Commissioner Youngman noted the Commissioners have received a letter
from Mrs. Furtak regarding sidewalks in Valley Unit Subdivision, and questioning why not all
of the sidewalks have been installed to date,
(14) Mayor Vincent noted that the area for the new landfill expansion is very
intriguing. He noted that it is being precisely built, and is perfectly level, to accommodate the
liner which is to be installed in the near future.
Adjournment - 5:42 p.m.
There being no further business to come before the Commission at this time, it was
moved by Commissioner Stueck, seconded by Commissioner Frost, that the meeting be
. adjourned. The motion carried by the following Aye and No vote:
those voting Aye being
Commissioner Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and
Mayor Vincent; those voting No, none.
ATTEST:
~ J ~&;,~
ROBIN L. SULLIVAN
Clerk of the Commission
.
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