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HomeMy WebLinkAbout2001-01-29 Minutes, City Commission, workMINUTES OF THE COMMISSION MEETING/VVORK SESSION OF THE CITY COMMISSION BOZEMAN, MONTANA January 29, 2001 The Commission of the City of Bozeman met in regular session and work session in the Commission Room, Municipal Building, on Monday, January 29, 2001, at 3:00 pm. Present were Mayor Youngman, Commissioner Brown, Commissioner Frost, Commissioner Smiley, City Manager Johnson, Assistant City Manager Brey, City Attorney Luwe, Clerk of the Commission Sullivan, and Deputy Clerk of the Commission DeLathower. Commissioner Kirchhoff was absent. The meeting was opened with the Pledge of Allegiance and a moment of silence. Commissioner Brown requested the approval of final plat for Sundance Springs Major Subdivision and the professional services agreement with Thomas, Dean and Hoskins, Inc. for improvements to South 19 Avenue be removed from the Consent Items for discussion. Authorize absence of Commissioner Kirchhoff from this meetin.q, in compliance with Section 7-3-4322(2), M.C.A. It was moved by Commissioner Brown, seconded by Commissioner Frost, that the absence of Commissioner Kirchhoff from this meeting be authorized, in compliance with Section 7-3-4322(2), M.C.A. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No, none. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Exemption from subdivision review - John Hulme - relocation of common boundary line within Amended Plat No. J-200-D of Lot 46, Brid.qer Creek Subdivision, Phase I (2408 and 2410 Par Court) (E-0011) Authorize City Mana.qer to si.qn - Professional Services ARreement with Morrison- Maierle, Inc. - pretreatment/sur.qe basin adiacent to and upstream of the Water Treatment Plant Authorize City Manager to si.qn - Professional Services Agreement with Thomas, Dean and Hoskins, Inc. - Sourdough transmission main replacement project Claims It was moved by Commissioner Frost, seconded by Commissioner Smiley, 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 Frost, Commissioner Smiley, Commissioner Brown, and Mayor Youngman; those voting No, none. 01-29-2001 2- Approval of final plat for Sundance Springs Southeast Maior Subdivision - subdivide 14.97 acres into 10 lots for residential development, 1 lot for open space, I lot for open space/park, and subsequent modification of an approved zoning PUD (northeast corner of Goldenstein Lane and Morning Sun Drive) (P-0042) (KC) to the asking Russell Tuckerman, 43 Gardner Park Drive, reviewed the letter he had previously forwarded Commissioners regarding the management guidelines for the Sundance Springs Open Space, that this letter be entered into the public record as the will of the public. Mayor Youngman said that both Russ and Lisa Tuckerman deserve a huge vote of thanks for making this open space acquisition project a success. She noted there is litter blowing into the parkland area from the surrounding building sites, and she suggested putting up some kind of a fence to prevent that. She also stated she has seen an open fire of construction materials at this site, which is not only illegal in city limits but is dangerous as well. Michael Potter, Potter Clinton Development, responded they try to encourage the builders to use the dumpsters and keep the litter contained. He will instruct the maintenance people to pick up litter at the site more frequently. Mr. Potter characterized litter, fires, mud on the roads, and contractors' dogs running loose as some of the issues they frequently address with the builders; and he noted construction is tapering off, so things should improve significantly. It was moved by Commissioner Smiley, seconded by Commissioner Brown, to approve the final plat for Sundance Springs Southeast Major Subdivision and to 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 Smiley, Commissioner Brown, Commissioner Frost, and Mayor Youngman; those voting No, none. Authorize City Manager to sign - Amendment No. I to Professional Services Agreement with Thomas, Dean and Hoskins, Inc. - South 19th Avenue street improvements Commissioner Brown questioned, in light of the suggestions made at the workshop on livable communities, such as it is not always prudent to add more lanes and more signal lights in order to move traffic, would it be advisable to sign this amendment without further consideration of alternatives and would this agreement limit the City's options for the future? City Engineer Brawner replied he would suggest the Commission approve the amendment to the agreement; and if they should desire something other than these improvements, the agreement can be adjusted accordingly. If there are major changes of direction requested by the Commission, the Engineering Department will come back with another amendment. Mr. Brawner advised the Commissioners that if they want to have a preliminary roundabout design study undertaken, there is the flexibility to do that now. Commissioner Frost asked if the Commission approves the transportation plan the way it is currently laid out with right-of-ways in place and then finds out round abouts and two-lane roads move as much traffic as five lanes, would the right-of-ways remain or would they be given up? City Engineer Brawner responded he believes some of the concepts discussed at the livable communities meeting didn't necessarily mean smaller right-of-ways, but the inclusion of medians and bike lanes. He suggested, at this time, it is advisable to look at the issues; but in the total context. It was moved by Commissioner Brown, seconded by Commissioner Frost, to authorize the City Manager to sign Amendment No. 1 to the Professional Services Agreement with Thomas, Dean and Hoskins, Inc. for street improvements to South 19 Avenue and to authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: 01-29-2001 -3- those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley, and Mayor Youngman. Those voting No, none. It was unanimously agreed to have Thomas, Dean, and Hoskins, Inc. review the design with the Commission before proceeding, based on the suggestions from the walkable community workshop. Work Session - (A) Budqet direction for Fiscal Year 2001-2002 (A) Budget direction for Fiscal Year 2001-2002 Included in the Commissioners' packets was a memo from Clerk of the Commission, dated January 25, 2001, attached to which was a list of the Commission's priority goals for the current fiscal year, as printed in the Fall 2000 City of Bozeman newsletter. The City Manager asked that the Commission not micromanage the budget process; but that it consider the following policy statements, which have been posted on the board. Continue current level operations - The City Manager stressed that funding for next fiscal year will only support current level staffing and operations. Things the Commission has already directed staff to do down the road, such as addressing aging infrastructure needs, are already calculated into current level operations. He also stressed that, due to growth, some levels of service may actually decrease. If the Commission wants to spend any additional monies, it must identify those items it wishes to place on the ballot for funding through either a mill levy increase or a bond issue. Commitment to quality neighborhoods through code compliance - Assistant City Manager Brey discussed targeting different areas of the city, eventually hitting all areas, and giving offenders 60 days to comply; which could probably be done with existing resources in a structured way. He questioned if the inter-neighborhood councils would want to establish their identity as code enforcement arms of the city. Mayor Youngman indicated her inclination would be toward a year of a friendlier approach. Commissioner Frost concurred, believing most people, particularly those in neighborhoods already organized, would comply; and the ones that don't are probably hard-core offenders anyway. It would be good to give the public a chance to respond and be a good neighbor. Jon Gerster, 719 North Wallace Avenue, advocated having the inter-neighborhood councils organize and identify the typical problems, what is causing those problems, and then have them advise the code enforcement officer of what to be looking for in a neighborhood sweep. For those neighborhoods that lack organization, this may be an impetus for them to organize. Purchase CMC property regardless of library bond outcome - Commissioners Brown and Smiley expressed their reluctance to commit to purchasing this property at this point. After the library bond levy has been voted on, that would be the time to come back and readdress this. Mayor Youngman and Commissioner Frost favor purchasing the CMC land irregardless of what is erected on it, while CMC is willing to sell it. That land is so valuable if it is clean, the City can't let it go. Dedicate City resources to new library - City Manager Johnson told the Commissioners they have to recognize that building a new library puts a lot of additional demands on staff. If the Commission chooses to have staff really support that effort, they can; with the understanding staff will not have the time to devote to other projects. 01-29-2001 -4- November ballot mill levy increase for East Willson School - The Commissioners agreed to not put this issue before the voters this year. They also agreed to not dismiss the possibility of converting the school into a new city facility entirely and to allocate a small amount of staff time to investigate the potential of doing so. Commitment to town meeting Commitment to Iow-income housing availability - The Commissioners all support this goal, but realize that without additional staff, there isn't much that can be done now. City Manager Johnson suggested that if the City is going to do something about Iow-income housing, it is going to have to drive that process. The City will need to find the property, perhaps extracting certain amounts of acreages from developers to develop or resell, and perhaps being handled by a partner agency and not City staff. Commitment to build and maintain neighborhood councils Commitment to water conservation - City Manager Johnson reminded the Commissioners the first phase is being undertaken right now. The Commission needs to determine if once the plan is put into place, is there any enforcement; and if there is, they will have to consider the costs of that enforcement. Commitment to "no surprise" expedited/community values development - City Manager Johnson noted it has been suggested the City hire a full-time, certified architect to work with developers regarding City requirements and desires; and the way to pay for that is through development fees. Commitment to recyclin.q and composting Additional financial support to parks and general fund relief through a park maintenance district Following Commission discussion, these goals were added to the board for prioritization. Enhance downtown - Mayor Youngman noted the City hasn't been spending money on the aging infrastructure in the middle of town; and this is the time to do that. There may be small things that will enhance the appeal and practicality of the downtown that will also enhance the effectiveness of their SID that the City could budget for; perhaps a portion of the CIP could be designated for downtown improvement every year. Commitment to resource conservation - Commissioner Brown proposed there is a need to promote energy conservation, as well as water conservation, perhaps through education. Mayor Youngman suggested encouraging retrofit programs to address both water and energy conservation. Reallocation of road dollars to boulevard trees - Mayor Youngman asked if any funding sources could be redirected to provide boulevard trees; suggesting the City would get more out of spending money for trees to reduce traffic congestion rather than paying for additional pavement. Commissioner Smiley offered if the City had property where a tree nursery could be located, perhaps the unused portions of the cemetery, it might be possible to get seedlings from various programs. Revitalize City portions of Sourdough Creek Mayor Youngman also would like the enhancement of the City frontage of Sourdough Creek to be added to the list of projects. Chris 01-29-2001 -5- Nixon, 719 North Wallace Avenue, volunteered he would be willing to help organize an effort and suggested the community and businesses partner to solicit donations and do the work. Due to the lateness of the hour, it was unanimously agreed to continue this discussion at the 3:00 pm session of the February 5, 2001 meeting. Break - 5:12 to 5:18 p.m. Mayor Youngman declared a break from 5:12 p.m. to 5:18 p.m., in accordance with Commission policy. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1) Letter from the Montana Historical Society, dated January 24, announcing that the Charles Lundwall Building, located at 123-125 West Main Street, has been listed on the National Register of Historic Places. (2) List of planning projects to be considered at upcoming Commission meetings. (3) Memo from Lisa and Russ Tuckerman, dated January 23, regarding the Sundance Springs open space. (4) Copy of a public notice from the Sanitation Department regarding recycling. (5) Copy of a public notice from the Sanitation Department regarding acceptance of "bio- hazard" waste bags. (6) Copy of a letter to Mr. Bill Ranard from Director of Public Service Debbie Arkell, dated January 23, indicating that 25-mile-per-hour signs are to be installed on Augusta Drive, but no stop signs are warranted. (7) Copy of a memo from Director of Public Service Arkell to Engineering Assistant Andy Kerr regarding the intersection of East Peach Street and North Plum Avenue. (8) Copy of a letter from Engineering Assistant Andy Kerr to property owners along West College Street between South 11th Avenue and South 19th Avenue regarding parking restrictions along that roadway. (9) Copy of a letter from Engineering Assistant Andy Kerr to property owners along South 11th Avenue between Lincoln Street and Kagy Boulevard regarding parking restrictions in that area. (10) Copy of the minutes for the Bozeman Area Bicycle Advisory Board meeting held on December 6, 2000. (11) Copies of the minutes for the Tree Advisory Board meetings held on December 13, 2000, and January 10, 2001. 01-29-2001 -6- (12) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, January 30, at the Courthouse. (13) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, January 30, at the Professional Building. (14) Agendas for the special meetings of the Zoning Commission, to be held at 7:00 p.m., and City Planning Board, to be held at 7:30 p.m., on Thursday, February 1, in the Commission Room. (15) Copy of an article entitled San Francisco Keeps Depot at Bay, published in the January 22, 2001, edition of the National Home Center News, as submitted by City Manager Johnson. (1 6) City Manager Johnson distributed copies of hot legislative issues, and reviewed those items. They include HB382, which would "prohibit self-governing local government units from imposing conditions on landlords that are beyond what is already provided for in State law", which is scheduled for hearing at 8:00 a.m. tomorrow. He cautioned that, while it appears like a simple amendment on the surface, it could include items like zoning, setbacks, visual enhancements and nuisances; and the result could be to make general powers governments more powerful than self- government powers governments. He also noted that this bill could impact the City's ability to enact a displacement ordinance and linkage fees. Following discussion, it was determined that the City Manager should testify against this bill at tomorrow's hearing; and Mayor Youngman will enact the e-mail list to solicit additional public comment. The City Manager highlighted some of the other legislative items, including HB304, revising subdivision regulations; SB242, limiting a municipality's jurisdiction for enforcement of the uniform building codes to the city limits; and HB343, requiring park dedication for minor subdivisions. Also included in the information submitted was a copy of a memo from Dorsey and Whitney regarding the tax increment provisions contained in HB124, commonly referred to as "the Big Bill". The Commissioners briefly touched on other pieces of legislation that are of interest, including bills on local option taxes. The City Manager also provided updates on some of the other bills, identifying the hearing dates that have been set. Mayor Youngman noted that the fiscal impact notes at the bottom of bills do not always accurately reflect potential financial impacts. (17) Commissioner Smiley distributed copies of a financial analysis of average housing and utilities costs for all of the counties in Montana and the monthly national standards for living expenses, noting that she found this information on the web. (18) Commissioner Smiley noted the Commissioners have received a letter regarding non- compliance with code provisions on various rentals owned by the Cowdreys and asked for an update on the issue. City Attorney Luwe responded that another letter has been sent by the Code Compliance Officer, with a timeframe for bringing those items into compliance. (19) Mayor Youngman noted that the hearing on the Baxter Meadows proposal is being held before the County Commission tomorrow morning; and she has a 10:00 a.m. meeting with a representative from the National Association of Builders. As a result of discussion, the Commissioners 01-29-2001 -7- concurred that Commissioner Frost should attend the meeting and speak on behalf of the City Commission. (20) Mayor Youngman stated that she has been asked to write guest editorials for both Business to Business and the Bozeman Daily Chronicle, and she would like to write about the pro- business policy changes and actions that the Commission has taken over the past few months. She asked if impact fees can be addressed in those guest editorials, in light of the lawsuit. City Manager Johnson noted an attendant question is whether the Commission could proceed with an ordinance to either change the timing of when impact fees are paid or provide for time payment of the fees without negatively affecting the lawsuit. During discussion, it was recognized that, under State statutes, the Commission cannot amend a citizen initiative for a specified period of time after it is passed. City Attorney Luwe then indicated that he will need to research the issues identified prior to forwarding a response. (21) Commissioner Brown submitted the following. (1) Stated he has been attending victim response committee meetings, and the committee is making progress in creating standardized responses. He recognized that Bozeman and Gallatin County have good law enforcement and court systems, and the new procedures will simply enhance the system. (2) Stated he attended the 9-1-1 Administrative Board meeting on reorganization held last Wednesday. He forwarded his position that 9-1-1 should be a department under the County, and suggested that such a change should enhance that operation. He noted it was also good to hear a County representative recognize that City residents are paying too much for the service, since they are paying twice. Adjournment - 6:19 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Brown, seconded by Commissioner Frost, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No, none. ATTEST: Clerk of the Commission PREPARED BY: K~REN L. DeLATH~)WER Deputy Clerk of the Commission 01-29-2001