Loading...
HomeMy WebLinkAbout2006-03-13 Minutes, City Commission MINUTES OF THE WORK SESSION MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA March 13, 2006 ***************************** The Commission of the City of Bozeman met in work session in the Community Room, Gallatin County Courthouse, 311 West Main Street, on Monday, March 13,2006, at 6:00 p.m. Present were Mayor Jeff Krauss, Commissioner Sean Becker, Commissioner Jeff Rupp, Commissioner Kaaren Jacobson, City Manager Chris Kukulski, Director of Finance Anna Rosenberry, Assistant Planning Director Chris Saunders, Assistant City Attorney Tim Cooper, and Deputy City Clerk Devin Harbour. The meeting was opened with the Pledge of Allegiance and a moment of silence. Authorize absence of Commissioner Kirchhoff It was moved by Commissioner Becker, seconded by Commissioner Rupp, that the absence of Commissioner Kirchhoff from this meeting be authorized. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Becker, Rupp, Jacobson, and Mayor Krauss. Those voting no being none. Public comment John Belshaw raised concerns over the lack of a stoplight at Church and Main. He also addressed issues of inconsistency in the crosswalk signs around the city. He suggested that the City should work to remove the 55 mph signs on North 19th Ave. Michael Delaney, 921 S. 3rd, noted a letter from his attorney and a letter requesting to create a new zoning district, neighborhood mixed use. He wanted his application to be heard on an individual basis and not run through the normal UDO revision process because he paid an application fee and others did not. The City Manager responded that it will go through the same process that applications go through, but due to the shortage of planning staff right now, applications without statutory requirements are being addressed on an as time is available basis. JP Pomnichowski, Planning Board, noted that on March 7th the board requested that the review of UDO edits continue, because she would like to see them finished before the 2020 update. Responding to concerns raised earlier by Commissioner Becker, she noted she will start putting consensus indications into the minutes on specific votes. Blake Maxwell noted he is available to answer questions about a letter submitted earlier this week on affordable housing. Presentation from Gallatin Development Corporation reaardina proposal for manaaement of City's CDBG Economic Development Revolvina Loan Fund Included in the Commissioners' packets was a proposal from Gallatin Development Corporation regarding management of the City's Economic Development Revolving Loan Fund. Tracy Jette, Executive Director of the Gallatin Development Corporation, proposed to take over full administration of the CDSG fund. She noted that they have not been operating under a good faith contract for the last 8 years. She stated that this is what normally happens in other communities; they would take over the whole process and make sure everything is done with generally accepted accounting principles. She noted that she has had training in this. She stated that the Commission would need to officially appoint 03-13-2006 work - 2 - a Commission representative. She stated that the last loan took almost six months to get documents from the overburdened city staff. She thinks the City is not really in a position to manage the loan fund, and that's why other communities have subcontracted that out. Jim Powell, President of Rocky Mountain Bank, commented that this is a group that wants to make a change and wants to seek out and enact changes in the right direction. He asked the Commission to support this idea. He finished by stating that he's seen the benefit of involving a third party. Robert Gibson, Director of Operations of Simms, and the vice president of the CDBG Board, stated wholehearted support for this proposal. Commissioner Becker stated that he would like to empower them in any way possible, but was concerned with lack of involvement from the Commissioners over the last few years. He wanted to maintain involvement since the City would still carry the liability of the loan. Responding to Commissioner Jacobson, Ms. Jette stated that the Commissioner would now have a vote, but the final application would not be brought before the Commission. The process would stay private and the information from the applicants would not become public record. City Manager Kukulski noted this is not uncommon to happen. He stated that because of Bozeman's economic success, this program can sometimes fall into the cracks; it can take months to get legal review done on applications, and applicants just cannot wait. He concluded by stating that if things are not done according to the Commission's liking, the City can bring this back under their control. Commissioner Rupp commented that as a former member he doesn't have a problem with most of the proposal. He does think it is appropriate that the City Commission be involved into the approval process, but he's willing to listen to the public/private argument. Mayor Krauss noted that it's important to make sure there would be a yearly audit. He stated that the City has never used income from this program to supplement any other fund, but instead it rolls back into the fund. Ms. Jette noted that the City pays $6,000 already and there would be $13,000 more required. This money would come out of the interest income and the City would not continue paying the $6,000 per year. Mayor Krauss pointed out that the principal should not be touched for operating expenses. Commissioner Jacobson suggested that the Commission should go for it, as long as the principal is not touched. City Manager Kukulski clarified the Commissioners' direction resulting from discussion as follows: 1. Board appointees will be three from GDC, three from the Commission, and one joint appointee. 2. The low/moderate income issue should be addressed. 3. There will be an annual audit in the agreement. 4. The principal will be protected. He suggested a 24-36 month trial basis to see how it works and then the Commission can have a deliberate discussion. Mayor Krauss stated agreement. Commissioner Rupp stated agreement as long as the LMI issue was addressed. Ms. Jette noted that none of the principal is restricted by the LMI guidelines, and because of Bozeman's higher income, it was argued successfully not to restrict our funds when the program was started. Commissioner Rupp wanted to see that in writing. 03-13-2006 work - 3 - Mayor Krauss thanked Tracy Jette for her presentation. Presentation from Bozeman Senior Center Board of Directors reqardinq parkin9 around the senior center Included in the Commissioners' packets was a letter from the Bozeman Senior Center Board of Directors requesting City assistance in addressing the parking problems around the senior center. Mr. Jim Monger noted that there are 1,700+ members of the Senior Center. He stated that the parking situation is not fair to them, it's not safe, and it's not fair to the neighborhood. He suggested some solutions such as to allow parking across the street in the fairgrounds property, to utilize part of Centennial Park, or to purchase property to the east of the center and construct parking lots. He suggested that the City could contact the County about parking in the fairgrounds. Judy Morale, Executive Director of the Senior Center, noted the building was built in 1979 and had 500 members, and there were 45 parking spaces; now they have 1,700 members and 68 parking spaces. On a slow day, there are at least 100 seniors and on a busy day, there are 400-500 seniors. The fifteen people who work in the center are all asked to park in the street. Responding to Mayor Krauss, Ms. Morrill responded that parking inside the Tracy gate at the fairgrounds would be best, and some sort of activated light to get people across the street would also be beneficial. Commissioner Rupp noted that the Fairgrounds Board has been charged by the County to be financially independent, and Ms. Morrill responded that the Senior Center could not afford the solutions to this issue by themselves, but could help. Responding to Mayor Krauss, City Manager Kukulski noted that the City has been working with the Fairgrounds Board as well, and the City would be happy to draft that letter and send it to both the Fairgrounds Board and the County. Responding to the Commission Ms. Morrill said they would like to be able to have a multi-use area; they just want to use the space and not take it over, and as the senior population grows, they will only need more parking. Commissioner Rupp noted that the Commission supports the idea and they will take it to the Fairgrounds board. Ms. Morrill noted that they are willing to work around the fairgrounds schedule to not conflict. Roger McCormick, Senior Center board member, noted that the parking lot is used by the County on weekends and week-nights, when the Senior Center would not need the space. Mayor Krauss noted he is not in favor of the use of Centennial park. He noted he will call Sue Shockley and talk to her about this. Review of pre-application for Crestview at Cattail Lake Maior Subdivision - subdivide 42 acres located at the northeast corner of the intersection of Davis Lane and Catamount Street into 10 sinqle- household detached lots. 28 sinqle-household attached lots. and 4 multi-household lots (P-05082) Included in the Commissioners' packets was a memo forwarding information on the pre-application for Crestview at Cattail Lake Major Subdivision, under which approximately 42 acres located at the northeast corner of the intersection of Davis Lane and Catamount Street is to be subdivided into 10 single-household detached lots, 28 single-household attached lots, and 4 multi-household lots, as requested by Montana Crestview under Application No. P-05082. Contract Planner Lanette Windemaker gave an overview of the proposed subdivision. The main questions they want discussed tonight are how well the open space is continuous to Cattail Phase III to the south. The lower park portion only has 38 percent street frontage, but there is 100 percent street frontage around the lake totaling about 80 percent combined frontage. The Planning Board was concerned about 03-13-2006 work - 4- diversity throughout the development. The Recreation and Parks Board would like to see the sidewalk along the lake~front. The applicant wants asphalt meandering trails, and unless the Commission is ok with that, they will not ask for it. Responding to Commissioner Rupp, Planner Windemaker noted all of the single family units are RSLs. Commissioner Jacobson raised concerns about the asphalt trail and problems with runoff from the trail, with oil, etc. The City Manager noted that we don't want people to start proposing asphalt sidewalks in place of concrete, because they don't last as long and are tougher to maintain. Assistant Planning Director Saunders noted that asphalt breaks down under sunlight. Mayor Krauss suggested that asphalt is more pedestrian and runner friendly, however. Scott Hacker, applicant, responded to the Commissioners that the single-family units would probably be owned, but the rest would be apartment buildings and rentals, and the condos are unknown. He also noted that they want to get down the park issues to make it a true public park. Ken Smith, Process Architecture, brought up some key points: 1. Parks access, to have full public access and continuity with the park. 2. Connectivity and continuation of the urban pattern and grid. 3. A variety and diversity of use. Unless one is within a courtyard of the apartment building, one would not be surrounded. Responding to Commissioner Becker, Mr. Smith noted the single-family units will be one or two stories, and the other building will be two or three stories with stepped heights. Further responding to Commissioner Becker, Mr. Smith noted that there is room for more than 50 cars to park along the street frontage of the lake. In the master plan, there is a small area that is discussed for a public service area and maybe a place for people who need a boat ramp. He also noted that they are looking at providing some garages in place of parking spaces to break up the concrete as well as looking at alternative paving materials: either grass or porous paving. Mr. Smith also noted that the applicant doesn't have a strong preference about the asphalt trail. Mayor Krauss and Commissioner Becker noted the Planning Board gives good advice about trails. Commissioner Becker noted that breaking up parking systems is key and that people need garages. We also need to make sure that public parks have enough space for parking. Commissioner Jacobson agreed with Commissioner Becker: more garages, less concrete. Commissioner Rupp questioned the size of the units and that the parking at the boat ramp and day use might be insufficient. Mayor Krauss commented that he likes the interface to the park to the south and they have blended that corridor. People in large apartment complexes need parking. He stated that there is a need for large apartment complexes, but stated that he's not sure about having less parking. He liked that the parking is hidden inside the streetscape: the parking is behind the structures. Responding to Commissioner questions, Mr. Smith noted they are at about 14 units per acre, excluding the lake, and staff responded that this density is about half of what's allowed. Review of proposed revisions to annexation policv Included in the Commissioners' packets was a memo forwarding the revised annexation policy and highlighting the proposed revisions. 03-13-2006 work - 5 - Assistant Planning Director Saunders noted that there are lots of properties that have been approved to annexation but have not been annexed. The policy in place is they have a year, and he questioned why they need a year. He stated that when the Commission reviews an intent to annex, the intent or reason has little or nothing to do with the end use. What should be looked at is the property's location within the city or is contiguous to the city. He stated that we have made annexation complicated. He noted that in some communities, the applicant basically brings a signed petition forward and it's either approved or disapproved, and it's annexed right then and there. He thought that maybe we aren't there yet, but he thinks the agreement should be brought back within 60 days. He noted that the City maps places where annexation and urban development should occur. He brought up that Part 46 annexation allows for a faster review because there is not a public hearing requirement and stated that we should use this as much as possible. Assistant City Attorney Cooper noted communities can use annexation to get a handle on what's going on outside the city boundaries. In other counties their annexation problems relate to forcing people into the city, but Bozeman has the luxury of the County telling people to go to the city to develop to urban densities. He finished by stating that Part 46 annexations can be done pretty much all in one meeting. Assistant City Attorney Cooper noted that sometimes the applications take a really long time, up to a year, and the Commission might need to be able to revisit decisions to make sure it is still in the best interests of the city to annex. He raised concerns about development agreements, because they can almost give developers vested rights to develop and the rules would get locked at the time they signed the agreement. The governing body gets certainty, infrastructure commitments, and include other dedications or impact fees. He noted that cities must have a provisional service plan, to show how the property will be serviced by essential city services, to annex, but because we are a first class city, we can use agreements instead of plans. He asks that this policy be reviewed and updated. He finished by stating that we need to make sure that the City isn't demanding things that aren't allowed by statute as part of the agreement. Assistant Planning Director Saunders stated that any development is subject to the rules in place on the day that they make their application. If there is a multi-phase subdivision, then you can have multiple standards. Responding to questions from Mayor Krauss, Mr. Saunders noted the rules apply on the day the application is deemed complete and the required information is there to conduct the review. The day you say yes to accept the application is the date the rules kick in. Mayor Krauss noted that we want an aggressive annexation policy for a fast growing city or we will be in a bad position. Responding to the Commissioners, Assistant Director Saunders noted that with a Part 46 annexation process, we can be finished in 30 days, but the minimum time frame for a zone map amendment is 3 months. Since we have gone through a growth policy process, those documents are available and people shouldn't be surprised. The City Manager noted that to negotiate development agreements before something comes into the city seems that we don't have faith in our regulations. Commissioner Jacobson questioned why we fill the agreements with all the information that we have in our regulations. Assistant Director Saunders noted that long range planning, the public planning documents, are supposed to be doing all the planning. He stated that annexation is an implementation tool to help property come into the city. Mayor Krauss noted that some people think if we stop annexing, we will stop growing. Assistant Director Saunders noted that there are instances where we did not annex and we now wish that we had: the isolated pocket north of West Babcock for instance. Now no one person has the finances to service those areas, so eventually the City will probably have to pay to annex this area. 03-13-2006 work - 6 - Commissioner Rupp noted that he thinks annexation is the way to go, but the rules need to be looked at. Break - 8:47 to 9:00 p.m. Mayor Krauss declared a break from 8:47 p.m. to 9:00 p.m., in accordance with Commission policy. Review of proposed revisions to annexation policv (continued) The Commission directed staff was directed to bring back a draft of this at the next work session. City Manager Kukulski suggested that planning staff guide them into getting it down to 60-90 days, and all four Commissioners concurred. Responding to Commissioner concerns, Mr. Saunders noted that he heard that the Commission doesn't want to eradicate public noticing. City Manager Kukulski noted that we can look creatively at ways to advertise in the Chronicle and combine the annexation and zoning public hearings together to save money for the developers and the City. Responding to the Commission, Assistant Director Saunders noted there are three ways to notice, newspaper, which is the most expensive and of questionable value, yellow signs on property, and first class mailings. Review of proposed fee structure for annexation. plannina. and zonina proiects Included in the Commissioners' packets was a memo forwarding a proposed fee schedule for annexation, planning, and zoning projects and highlighting the proposed fee changes. Assistant Director Saunders noted that this agenda item is looking at recovering all of the operational costs and spreading them out across the development process, instead of lumping them on the developer at only one point. He noted that Bozeman's noticing goes way over the top on what is required. We have proposed what is believed would be 100% cost recovery for noticing, includes an average of $382 per newspaper ad, $12 for signs, and putting notices in the mail. It also adds a new fee for final site plans, which currently collect nothing, and adds a new fee for an improvements agreement. He noted that because we now publish a map of the surrounding areas in the public noticing, we have to do a display add. He noted that he spoke with the historic planner about applications in the historic district, and she thinks that people might cheat on weekends if the fee for applications were too high. There is also the possibility that if they cheat and get caught, there is an additional fee, to help pay for the enforcement. Mayor Krauss noted that he doesn't think that enforcement is part of the general issue. Responding to Commissioner Rupp, Assistant Director Saunders noted that at this point, the fee schedule only covers Planning Department costs. He noted that in the past the Commission has chosen to not charge full costs on things that they wanted to encourage, like annexation. The City Manager noted that this is mostly advertising. He suggested that we should have a ''fees plus advertising" system. Commissioner Rupp agreed with the City Manager's suggestion. Responding to Commissioner Jacobson, Assistant Director Saunders noted that the ads become unreadable at a smaller size. He added that to reduce the amount of text information would only result in a small cost reduction. 03-13-2006 work - 7- The City Manager noted we are paying about $75,000 a year to the Chronicle for advertising. Mayor Krauss noted that the general fund is heavily subsidizing the Planning Department. Commissioner Rupp stated that he likes the advertising as it is. Assistant Director Saunders noted that most places use only text in noticing. Following discussion, the Commission indicated that we should head towards 100 percent cost recovery. They indicated that if we know the cost of what we do, we can make a decision of whether we want to subsidize or charge people for it. We need to find out what the actual costs are so a determination can be made on whether or not to subsidize some portion. Responding to concerns raised by Commissioner Becker, Assistant Director Saunders noted that if we have a deviations program, we are required to hold everybody to the same standard. Commissioner Becker noted that for some neighborhood stuff, we might not have to require a map in the noticing. Review of proposed budaet directives and aoals as well as timeline for budaet process Included in the Commissioners' paCkets was a memo forwarding the timeline for departmental budget presentations along with a copy of the budget directives and goals for the upcoming fiscal year. The City Manager gave an update on the budget directives and stated that we will advertise all of the meetings that three Commissioners or more want to attend. He also noted that all budget hearings will happen in the Commission Room at City Hall. Commissioner Rupp asked the City Manager to identify the meetings where the city goals will be directly addressed, because he agrees with those priorities. Following discussion, the Commission indicated that the County-wide gas tax might be worth talking to the County Commission about. Mayor Krauss noted he doesn't want to raise the mil, because he is pretty sure sewer and other things will go up as well. Follow-up discussion reaardina aoals for upcomina fiscal year and bevond City Manager Kukulski stated that in the goal setting the Commission asked for a list of multi-million dollar projects and the planning documents. He noted that there is roughly $72 million in projects over the next five years, and $120 million over the next twenty years. He indicated that these amounts can change and probably will. He suggested that the current library will probably become the new City Hall and indicated that the current library is approximately 18,000 square feet. He stated that the current City Hall is 12,000 square feet, and will probably be renovated into the new Police Department. He also pointed to an emphasis on streets, especially between 11th and 26th. Responding to the Commission, Finance Director Rosenberry noted that we do not have much info on what's needed to water and wastewater flow infrastructure costs. The City Manager noted that we haven't set our rate structure up to build up funds for those replacements, but we have budgeted $500,000 every year for replacement. He also noted that a 20 percent increases in sewer fees each year over the next two years will put us in good a position. Meetina extension It was moved by Commissioner Rupp, seconded by Commissioner Jacobson to extended the meeting pursuant to Rule IIIA2 of the Rules of Procedure. 03-13-2006 work ~ 8 - The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rupp, Commissioner Jacobson, Commissioner Becker, and Mayor Krauss. Those voting no being none. Follow-up discussion reaardina aoals for upcomina fiscal year and beyond (continued) Mayor Krauss suggested that we talk to the County to see what they want before we go forward with a general levy. Commissioner Rupp responded that he is not willing to defer a levy for things that are not for the benefit of public safety. Mayor Krauss suggested that he would have a hard time supporting a second bond issue, for instance. The City Manager mentioned that there is still a document that is being worked on that will show what new sources of revenue will do for the community. Mayor Krauss stated that we do know what we're doing with planning and we follow the long-range planning documents, contrary to what some people think, and these documents do not sit around collecting dust. Commissioner Rupp proposed that we work to inform the public about what's coming up and relate dollar amounts to what can be gained with that money so they see the situation Bozeman is facing. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1) Letter from Blake Maxwell, dated March 7, submitting a proposal for addressing the affordable housing issue in Bozeman. (2) Letter from Jose Castro, District Ranger for the Bozeman Ranger District of the Gallatin National Forest, inviting the Commissioners to attend the Gallatin MOU meeting scheduled for April 21, along with a copy of the draft Memorandum of Understanding for a coordinated eco-system approach to planning in Gallatin County. (3) Memo from Neighborhood Coordinator Tracy Oulman forwarding information on a neighborhood meeting to be held on March 23 regarding the proposed MSU Humanities Institute at the Story Mansion. (4) Updated listing of planning projects to be considered at upcoming Commission meetings, dated March 9. (5) Copy of the notice of special meeting for the joint meeting to be held with the County Commission at 7:00 p.m. on Thursday, March 16, at the Courthouse. (6) Agenda for the County Planning Board meeting to be held at 6:00 p.m. on Tuesday, March 14, at the Courthouse. (7) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, March 14, at the Courthouse, along with notice that the Wednesday meeting has been cancelled. (8) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Wednesday, March 15, at the Professional Building. (9) Agenda for the Solid Waste management District Board to be held at 7:00 a.m. on Wednesday, March 15th, in Manhattan. 03-13-2006 work - 9 - (10) Assistant Planning Director Saunders distributed pictures of a proposed structure and noted that this will be coming before the Commission soon and that it will be the first major field test to test the conservation overly guidelines. (2) He also noted that he will distribute an electronic copy of the City Zone maps and other relevant maps to the Commissioners. (11) Finance Director Rosenberry noted that the option for prepayment of SID 684 ended and about $200,000 or about 10 percent was collected. (12) The City Manager noted that Staff Attorney Cooper is drafting the response to Mr. Delaney's concerns raised last week for the appraisal. (2) He gave an update on the recent retirement board issue. (13) Commissioner Rupp requested clarification on the procedure to request that the mayor or mayor elect do welcomes. (2) He stated concern about holding our crosswalk standards, particularly along Church Street, to a possibly higher standard than the DOT standard. (14) Commissioner Becker noted that there is a movement to demand that we do traffic studies before we approve subdivisions. (15) Mayor Krauss noted he is going to talk to the Eggs and Issues group next week. Adiournment - 10:29 p.m. There being no further business to come before the Commission at this time, Mayor Krauss adjourned the meeting. ATTEST: Jfjj~#rtrs~ayJ~' - --.- GlI..: J -Ljl/~ ROBIN L. SULLIVAN City Clerk PREPARED BY: ~12RU- Deputy City Clerk 03-13-2006 work