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HomeMy WebLinkAbout2006-06-26 Minutes, City Commission Page I MINUTES Ob rHE MEETING or THE CITY COMMISSION BOZEMAN, MONTANA June 26, 200n ***************************** The Commission ofthe City of B07eman met in special session in the Community Room, Gallatin County Courthouse, 311 West Mam Street, on Monday, June 26,2006, at 6:00 p.m. Present were Mayor JeiTKrauss, Cr. Scan Becker, Cr. JeffRupp, Cr. Steve K1t"chhoft~ City Manager Clms Kukulski, Assistant City Manager Ron Mr. Mr. Brey, Director of Pub he Service Dehra Arkell, Planning Director Andy Epple, Finance Director Anna Rosenherry, City Attorney Paul City Attomey Luwc, and City Clerk Brit Fontenot. Pledl!e of Alle~iance and Moment of Silence The meeting was opened with the Pledge of Allegiance and a moment of sIlence. City Manager Kukulski noted that Item 1-2: ResolutIOn 3927, Proposed Various Changes to Solid Waste Rates, will be opened and continued due to a noticing error. Public Service Announcement Sarah Folger, Grants Admll1lstrator, presented the remodelIng project for Soroptimist Park. She gave a hackb'TOund of the history of the park remodeling project is ongoing. She noted that the original architect ofthe desIgn that is bemg hmlt was Scott Doss, who ched m March, 2005, thus extending the length of the project. She also noted that there is a place fi)f public art in the park, even though no design has yet heen chosen. Responding to Cr. Rupp, she noted it IS not a dedicated city park, but the Soroptimist Club has asked for it to be offiCially designated as such. City Attorney Paul Luwe noted that the fireworks ordll1ance is posted on the City website. He also noted that there arc speCIfic time restrictions. He also mentIOned the places 111 the CIty where it is legal to set off fireworks. Authorize Absence of Cr. Jacobson It was moved by Cr. Becker, seconded hy Cr. Rupp, to authonLe the absence of Cr. Jacobson. The motion carned. Those votmg Aye be1l1g Crs. Kirchhoft~ Becker, Rupp and Mayor Krauss. Those voting No being none. O()- 26- 2 on6 Page .2 Minutes January 17, rebruary 21, June 5, and June 14,2006 It was moved by Cr. Rupp, seconded hy Cr. Kirchhoft~ to approve the Ininutes of January 17, February 21, June 5, and Junel9, 2006 as suhmltted. The motion canied. TIlOse voting Aye hell1g Crs. Rupp, Kirchholl Becker, and Mayor Krauss. Those votmg No hell1g none. Mayor Krauss deferred action on the minutes of May 15 and June 12,2006. Consent Items I. Authorize payment of claims (LeMeres) 2. Approve cash-in-lieu f()r land decheation fix Baxter Springs Condo (Krueger) 3. Authonze CIty Managerto sign Irrevoeahle OflerofDedlcatlOn fix Gallatm Center Lot II (MumlY) 4. Authonze City Manager to SIgn Release and Reconveyance of utility easement across Lot II, Gallatin Center (Murray) 5. Adopt Resolution 3414, Intent to create SILD 6tH), Oak Spnngs (Phase I-IV) (Shannon) 6. GDC grant application on hehalf of Sikorsky (Jette) 7. Accept Street Easement from Kenyon Nohle - North 14th (Johnson) 8. Approve rcnaming of Bogert Park Bandshell to the Ralph Challender Bandshell (Brey) *9. Addendum Item - Approve the requested impact fee credits as previously agreed upon in the joint funding agreement, IFeR - 0504. (Epple) It was moved hy Cr. KIrchhlln~ seconded hy Cr. Becker, to approve thc Consent Itcms 1-8 and the Addendum Itcm 9 as listed. Thc motion carried. Those votmg Aye being Crs. Kirchhoff: Beeker, Rupp, and Mayor Krauss. Those voting No being nonc. Public comment Louis Barret, 1 721 S. Wi I lson, stated concern fix the way neighborhoods 0 f smgle lamil y d wellmgs havc started to become multi-tamily rentals. I Ic notcd that somc ofthc rcnters are poor neighhors and do not shovel sidewalks and the like. He asked that the CommiSSIOners take baCK control and not let ambitious realtors or rental agenCies chctate the character of the neighborhoods. Gerald LePere, 1704 South Willson, rea11inned the comments of Mr. Barret. He called attention to a lctterregardmg 1805 South Willson sent to the Planning Department. J-Ie Tloted a new resident atl Tll South Willson and stated that the new reSIdent also does not want to see multi-family dwelhng 06-26-2006 Page 3 ncighborhood. He noted that multi-Lullily dwellmgs de,bJfade the neighborhood and called attention to the BOLenull1 Municipal Code which statcs that no morc than f()llr non-related Clt"~ens can legally share a smgle-fmmly house. He would like to see that enli)rced. He noted that It can be dlllicult to detenlllne how many people actually Itve m these houses. Hc requested that the City investIgate alleged mtI-actions and enforce thc codes. Lori Chapman, 3116 John Dcer, spoke about the SILO in Harvest Creek, and questioned why thcy were not allowed to decide what kind of lights are to be installed. Responding to Ms. Chapman, City Manager Kukulski noted that the type ofhghting idcntificd m the Il1Itial development agreement IS what will he plaeed in the SILDs. He noted that the City could follow up on it. Responding to Ms. Chapman, Mayor Krauss noted that the lights are approved at the tIme of the suhdivislOn approval. Tom Pemck, 1616 South Willson, was concerned with the currcnt trend toward redcfinmg single- family housing in neighhorhoods. He noted that he purchased hiS property With the understandll1g that single-famIly mcant Just that but noted that the definition of smgle-hunily has changed over time. He requested that some consideration he given to revlewll1g the defil1ltlOn. Planning Dircctor Andy Epple noted that staff has the letter and comments from the public and Code Enforcement Officer Hasler has been working WIth the City Attorney's office. He noted that a response to the letter has been formulated, but he has not yet had the opportunity to review the letter. He noted that he thought the letter would go out tomorrow. He also noted that the definition of sll1g1e-f~unily has been 111 the code since at least 1987. Any size family rclated hy hlood or maniage is an aeceptable number however, as far as unrclated persons are concerned, thc hmIt IS fOUL He notcd that the problem on South 11 th Street is converted basements. Mr. Luwe noted that the ordinance takes mto consideration aspects oftederallaw. He noted that the City's definition has precedent hased on supportll1g court cases. Cr. Rupp questioned whether the issue was that there is illegal use in what IS a smgle family zoning district. He also noted that it is theresponsihihty ofthe property owner to produce the evidence confirmmg that the l hasement] apartment IS legal. Mr. Epple noted that in 1972 the CIty hegan regulatmg singlc-f~unily ncighhorhoods. Ifhasement apartments hutlt at or bel(xe this time met the established codes they are "grand-fathered" in. In some cases the record is not clear as to what the use was 111 the past. He noted that huildll1g pcrmlt records go back to only 1907. Cr. Rupp thanked the reSIdents of the neighborhood for attcndmg the meeting and voicing theIr concerns to the Commission. Public Hearinl!s 06-2()-2006 Page 4 [. Resolution 3923, creating SILO 687, Harvest Creek Phases VI-XI This was the ttme and place set f()rthe public heanng on Resolullon 3923, A ResolutIOn ol'the CIty Commission of the City of BULeman, Montana, relating to Lighting Dlstnct No. 687 (Harvest Crcek SuhdlvislOn, Phases VI-XI); crcating the dlstnct for the purpose of installing and maintaining lighting lInprnvemcnts and assessmg the costs f()J' 1l1stallation, maintenance and energy thercf()r to henefitted propeliy hy the levy of special assessment. Public hearing Mayor Krauss opened the puhlic hcaring. Fmance Director Anna Roscnherry presented the proposed resolution. City Clerk Brit Fontenot, stated that no f()rmal protests were tiled with the Bozeman City Clerk.. Ms. Rosenberry noted that the CIty is catching up with the creation of the hghting distncts. She also noted that there IS no back-hilling or costs associated with the creatIOn ofthls lightmg distnct. She noted the average lot size 111 Harvest Creek is a little over 7200 square feet. Shc noted that the annual assessment of$67.40 per annum for dIstnct resIdcnts. CIty Manager Kukulski noted that thc Iightmg structures appear to be 20-foot poles with a downward facing illummant, and while it tIts with the current lighting standards, is not decorative m style. Responding to Cr. Rupp, Ms. Rosenberry noted that the apphcant coordll1ates WIth Northwcst Fnergy, and that the City reccives a detailed package of what Northwest proposes to install and estimated costs for maintaining the fixtures. Mr. Epple noted that the lighting standards, predominatcly locatcd at intersections and pedestrian crossings, are neccssary and were developed.lointly WIth Northwest Energy and cityotllcials several years ago With an emphasis on puhlic safety. Responding to Cr. Becker, M~. Rosenherry noted that many areas m town have lightll1g distncts to pay for powcr used to light thc ncighhorhoods f()r resH.lents. The property owners within the IIghtmg dlstnct bear the energy cost. If there IS lighting hut no estahlished light1I1g dIstnct, thc home owners association(s) pays the bIll flW thc tIxtures and ongoll1g costs of energy. The costs are then bIlled directly to the property owners. Director of PublIc Service Dehhie Arkell noted that historically, when there were street lIghts, they are m lighting distIicts and are paid for by the residents with1l1 that district. Shc notcd that there arc some older lightmg distncts. She noted that the City pays the electricity costs f()!' some lighting at mtersectlOns and street Itghtmg. Further, she noted that some of the decorative lighting, espeCIally those on poles in mdIvH.lual yards, was accomplishcd through neighborhood covenants. 06-26~2()O() Page 5 Plannll1g Director Epple II1vlted the publte to stop hy the Planning office to revlcw the currcnt light1l1g regulations. No public comment was received. Discussion There was no further discussion. Decision It was moved by Cr. Becker, secondcd hy Cr. Rupp, to Resolution 3423, creating SILD 6'137, Harvest Creek SubdIvision, Phases VI-Xl.. The motion earned. Those voting Aye being Crs. Becker, Rupp, Kirchhofl~ and Mayor Krauss. Thosc voting No bell1g none. 2. Presentation of City/County Health Department Budget This was the time and place set for thc puhlic hearing on the preltmll1ary City-County Health Department Budget. Public Hearing Mayor Krauss opened the public hearing. Stephanie Nelson, City-County Hcalth Ofllcer, briefly explained the relationship between the City of BOLeman and the County of Gallatin as it relatcs to the inter-local agreement estahltshing the CIty- County Health Department. Shc presented the prelll1unary departmental budgct to thc Commission. Ms Nelson rcviewed some of the successes of the City-County Health DepaIiment over the past year and emphaSized how the continucd cooperatIOn between City and county agcneies werc instrumental to these successes. Ms. Nelson, 111 responding to Mayor Krauss, stated that most ofthe Imhvlduab who contracted pertussis (whooping cough) during the 2005 outbreak had bcen immunizcd hut a hooster has only recently hccomc available f()r younger children. She noted that the age group I(w the boostcr IS ll11ddlc school aged chIldren, and the vacclI1atlOns and boosters will hc admll1istered 111 the schools. No publIc comment was received. Discussion There was no further discussion on this issue. 06-26-2006 Page 6 Decision It was Inoved hy Cr. Kirchhoff: seconded hy Cr. Becker, to approve the preli1l11l1ary City-County Health Depaliment hudget. The motlOn carned Those votmg Aye hell1g Crs. Klrchhoff~ Becker, Rupp, and Mayor Krauss. Those vot1l1g No hCll1g none. 3. Miller remodel COA/ADR/Dev This was the time and place set for the puhlic hearing on the Miller remodel wIth a Celilficate of Appropnateness to allow a second level adchtlOn and remodel to the eXlstmg two-household residcncc with devIatIOns, to allow the sewnd level addItIon to encroach mto the reqUIred 20-foot rear yard setback, to allow thc rcmodel front stoop and stairs to extend more than five feet ll1to the reqmred fifteen-foot front yard setback, and to allow the two-houschold residence to supply 1.5 spaces less than the required 3.5 spaces, at 809 West Olive Street, as requested by Ryan and Chnstine Miller, under applicatton Z-Ool 05. Public Hearing Mayor Krauss opcned the puhlic hearing. Planner Allyson Bristorprcsented the staff report. She noted that staffhas reviewed the applicatIOn 111 light of the applicable critena and staWs findmgs are eontained In the statfreport. Statfhas forwarded a recommendation of conditional approval of the deVIation tor eneroachll1ent into the rear yard, conditional approval ofthc deviation f()r parking shortage, and demal f()r front stoop/porch/stairs cncroachment into the fi:ont yard. Ms. Bristor noted that thc residence constructed in 1934, and is a non-contrihuting structure in the distnct. She noted that staff IS condItioning the applicant to stay within the eXIsting t()otpnnt of the front stairs and the applicant has agreed. She stated that there is no other gamble roof 111 the area, hut statTfinds It hIstorically appropriatc. Shc stated that this type of roof allows the applicant to add 1 X" to the height and get a second floor addItion. No public comment was receIved. She stated that the on-street parkmg is not considered, because It does not meet the code reqUirement: it IS 21 fed rathcr than the required 24 feet. She noted that staff does not recommend the house encroaching further ll1to the front yard; it already encroaches ll1to the yard. Responding to Cr. Rupp, Ms. Bnstor noted that recent parking is addresscd, and thc primary residence stands as a one-bedroom house. She also noted that thcre is an existing basement apartment She stated that it appears that pcople arc already parkll1g on street, even though it IS against code. She noted that one on-strcet parkll1g spot per residence is allowed. The appltcant, Ryan Millcr, stated that he purchased the house m Octoher 2005. Prior to purehasmg the property, he spoke with the hlstonc district representatIvcs, wantll1g to make sure the 06-26-2006 Page 7 apartment downstat rs was legal. I-Ie 5tated that the prcvlous owners had defeITed maintenance and he kncw the roof would need to be rebuilt. Regardll1g the recommendatIOns, he does not want to excced the f()()tpnnt fix the front stoop, they will remall1 within thc existing t()otpnnt. He qucstloned ComhtlOn 7, noting that m the proposal, he would like to install ccdar shakes and shmgles. He stated that thcre arc a vanety of methods that can he used to break up the run, but hc agrced to changc the sidll1g plan If necessary. In closmg, Mr. Miller emphasiLed that he is trying to create a housc that IS pleasll1g to the eye and contnhutes to the neighborhood and greater community. Responding to Cr. Becker, Mr. Millernotcd that he would he happy to resubnllt rendenngs ofmore sidll1g Ideas and elevations, and that ConditIOn 7 IS hiS only objectIOn. No puhlic comment was receIved. Discussion Ms. Bristor noted that staffsuggested Condition 7 because there wcre not many renderings provided by thc applicant. Staff wanted to make sure that thcre was some sort of horiLontal emphasis mcluded m the siding design. She noted that staff would rccommend, If decided by the Commission, to reword Condition 7, or chminate It, and to have applicant submit dctailed elcvations showll1g the placement and patterns that would create some sort of horizontal emphaSIS on the sid111g. Statlwas also conccrncd WIth how the shakcs will be treated, and how they will age ovcr t1111e. Decision It was moved hy Cr. Becker, seconded by Cr. Rupp, to approve thc Certlficate ofAppropnateness to allow a second level addItIon and remodel to thc existing two~household residence with deviations, to allow the second level addition to encroach mto the requu'ed 20-foot rear yard setback, to dcny the remodel front stoop and stairs to extend more than five feet into the required fifteen-foot front yard setback, and to allow thc two-household residence to supply 1.5 spaccs Icss than the required 3.5 spaces, at 809 West Olivc Street, as requested by Ryan and Chnstine Miller, under application Z-06105, subjeet to the followmg conditions thus elimmating Condition 7 and imposing Condition 15: 1. Prior to Issuance of a Building Pennit, the applicant shall submit bulldmg elevations and a site plan that corrcspond With each other and that are accurately to scale. 2. The second f100r addition shall not exceed 18 inches in hcight from the eXlstmg residencc. 3. Prior to Issuance ofa Buildll1g Pelmit, the appltcant shall supply a south elcvatIOn (to scale) that dcpicts hoth the eXisting residence and the proposed addItIOn ovcrlappll1g one another (to ensure the heIght is .lust 1 X Il1ches). The eXlstll1g/proposed south elevation shall be subject to final design review and approval by Administrative Design Review Staff. 4. The rcmodeled front ,>toop and staIr" "hall not excccd the tl.,otpnnt ot the eXlstmg covered porch and staIrs. Oo-2a-200() Pagc R 5. Prior to I<;suance of a Building Pennit, the applicant shall submit a mochtied site plan that accurately depicts the eXlstll1g fi'ont covered porch and stairs ovcrlapped with the proposed lront stoop and stairs (to ensure the proposed fuotpnnt does not exceed thc existll1g f()otprint). The modIfied SIte plan shall be subJect to final design review and approval hy Administrative Design Rev lew Staff. 6. Thc front stair rallll1g shall not he solid and/or stucco 111 t(mn and material. Prior to Issuance of a BUlldll1g Pem1it, the applicant shall supply a modified south elevation that depiets the ncw stair ralhng design, which shall he subject to fInal design review and approval by Administrative Design RevIew StaIr 7. Tile 1"'~H-''''llI.A, ,~Ilall He,t I,,,, ",utln..!y (e,v"'HAl HI vvuu..l ~lllHok~ all..l/Ol ,-",..1<11 sll<1kcs sidillg. 1'1101 to 1-S5uatlCe e,Ll Dalldillg PGj lltit, tile applicant ShetH ~upply 1ll0di1~ul ",kvatHJllS t11J.t J"'I_J1d HI'" I"'~IJ"'ll"'''' Ut.!U.llIe, a ",OllIIJ111aLIVll vi" ~I..IllIe, llIat"'I~<ll. Tin. IllVJ~f~....J \:"kval~"Jll:'> 51Ia111,c sul,jcct h, filletl dcsigh levle\\- dhd J.1'PI<,vJ.ll,y Adlllihistle\tivc De5igt, RCvicvv 5tttft: R. The applicant shall ohtain wntten vcrificatIOn from Bozeman's Code Enforcement Officer, Vicki Hasler, stating the basement apartment exists as a legal residence. Pnor to Issuancc of a Building Pcnnit, a copy of said verifIcatIOn shall be suhmitted to the Department of Plannll1g 9. Pnor to issuance of a Buildmg Pennit, the applicant shall submit a written narrative eXplaining which windows of the existing residence, if any, are being replaced and/or remodeled. 10. Pnor to issuance of a Building Pennit, the applicant shall submit a wntten narrative explaining what rcmodeling is occuning to the existing attached garage. 11. Any cracked or broken portIOns of sH.lewalk along the street frontage crcated during demolition and/or new constructIOn shall be replaced. 12. Pnor to issuance of a Butlchng Permit, the applicant shall proVide a color and matcrials palette to the Departmcnt of Planmng f()r final deSIgn review and approval by Admum.trative Design Review Staff. 13. The applicant shall ohtain a hmlding penmt and pay all reqmred fees prior to constructIOn, and within one year of Certificate of Appropnateness approval or this approval shall become null and void. 14. This project shall be constructed as approved and comhtlOned 111 the Ccrttficate of Appropnateness apphcatIOn. Any modifIcations to the submitted and approved drawll1gs shall \l1valIdate thc proJect's approval unlcss thc applIcant submits the proposed modifications f()r rcview and approval hy the Dcpaliment of Planmng pnor to undcrtaking 06-2b-2006 Page 9 stud modIfications, as requircd hy Section 18.64.110 ot thc Fkl/cman Uni fied Development Ordmance. 15. Prior to issuance of a Buildin~ Permit, the applicant shall supply dctailed elevations that depict the ccdar shakes and/or wood siding as having horizontal emphasis in design and placement. The detailed elevations shall be subject to final design review and approval by Administrative Design Review Staff. The motion camcd. Those voting Aye being Crs. Becker, Rupp, Kirchhoft~ and Mayor Krauss. Those voting No heing none. 4. Request for one-year extension of Preliminary Plat approval from Laurel Glen Subdivision, Phase III TIns was the timc and place set for the puhhc hcaTIng for a (me-year extensIOn ofthe PrelllTIll1ary Plat approval fi'om Laurel Glen SuhdIvlsion, Phase IlL Puhlic Hearin~ Mayor Krauss opcncd the pubhc hearing. Planning Director Epple noted that the applicant, Chuck Hinsley, requested a one year extension Prehmll1ary Plat approval from Laurel Glen SubdiviSIOn, Phase III. He stated that the first request for extension was granted on May 20, 2005, and that expired approximately one month ago. He noted that this request for extension is for Phase III of Laurel Glen, and advised that the applicant is poiscd to file for platting of Phase II of Laurel Glen. Mr. Epple stated that it was originally agreed that the phases could proceed once Durston Road was completed to standards. He statcd that the staff have issues with granting this extraordll1ary extensIOn. Mr. Epple noted that in-hetween the onginal adoption in May, 2002 and the present, there have heen a numher of dIffercnt subdivision eode proviSIOns that have been adopted to implement the goals and policies ofthe 2020 Plan. Theref()re, staff IS not supportive of grantll1g the extenSIon. If the Commission chooscs to grant thc approval, Mr. Epplc stated, he anticipates that the applicant's representatIve IS willing to work WIth staff on some of the upgraded code provisions and financial guarantees. Respondll1g to Cr. Kirchhoff, Mr. Epple noted that the effect ofthe Commission's denial of the extension would result in are-submittal ofthe preliminary plat by the apphcant. Mr. Epple statcd that staff supposes that a re-submittal would II1volve some redesign. He also noted that the parkland aspcct may he increased significantly, hut noted that the basic infrastructure would not changc, collector streets, utility lines would not change sigl1lficantly, if at all. He noted that With the submIttal of a new prell1mnary plat, a new transportation analysis would he reqUIred. He also stated that the previous CommiSSIOn noted Phase III could procccd once Durston Road was improved. 06-26-2006 Pagc 10 Ms. Susan SWlmley, representmg the applicant, noted that comhtlOnal approval was granted f()J' all phascs of the Laurel Glen SuhdIvIsion on May 20,2002, and each was conchtlOned on the Improvement of Durston Road. Mr. Hmsley personalIy worked hard on the Ilnprovement of Durston Road. She stated that dUrIng the proeess, the CommissIOn removed the requirement that Durston be unproved prior to the next phase m Octoher, 2004. She noted that 111 December, 2005, the applicant asked the Commission to modi fy the conditions t"(1l" Phase III. She said that thc plans were suhmitted in late May of2006, and at that tune, thc attorney representing the applicant was in contact with the City Attorneys regarding the conditions. On June 9, 2006, Assistant City Attorney Tim Cooper issued a letter, and the plans wcre subscquently returned hecausc the year had expIred and staff was hesitant to reVIew expIred materials. She notcd that noone would disagree that all four phases met the plans and rulcs in place at the time of original approval. Shc notcd that the reasons for the delay have heen explained, and the subnuttal could not be finaliLed until after the winter thaw, and after the May date. Ms. Swunley quoted pertincnt scctions of 76-3-610, Montana Code Annotated and Montana case law. She stated that none ofthc reasons tor thc delay are due to a lack of effort on the applicant, and a change of regulations IS not a reason to deny the request for extension. The applicant, Chuck H1I1sley, noted that tlllS has been a long process, and t()r cach phase, he has had to plead his ease hefore the CommiSSIOn. He stated that during that course, he has not heen dragging hiS feet. Hc noted that the delays, nght of ways, SIDs, etc., have taken a couple of years. Thc CommissIOn chose to improve Bahcock, which took an additIOnal year. Hc stated that he returned to (he CommiSSIOn at the end of2005 and requested approval !l1l" Phase m. The ClH11l11lSSlOn allowed hun to go ahcad hut he has heen unahlc to get that phase hudt. He stated that his private home IS planned in Phase III and he has been wmt1l1g for five years for approval. Mr Hinsley stated that he is hctore the CommIssion again to plead tor permission to go torward with Phase III. Heo: recognizes that sometimes staff wants to take another bite ofthe apple, but he has met all requriements and feels he IS gone way beyond what is requircd. Respondll1g to Cr. Becker, Mr. Hinsley noted that no lots have yet been sold for Phase Ill. lIe also noted that thcre are some prohlems addressmg U DO standards. Staff would like to have smaller lots, with alleys, which IS a traditional design. Somc of his lots, howcver, are 18,000-20,000 square feet, and all the mfrastructure IS Il1 place, the collateral streets, all the property along Durston Road, the sewer, water, and dramage systems are all establIshed. He noted that the whole deSIgn is complete and Ifhe has to go hack, then he has to do evcrythll1g from the heginnmg; he has to start over With sewer, water, traHic, and he is back at square one. AdchtIOnally, he has spent hundrcds of thousands of dollars to get to thiS point, and now staff just wants to get a couple more acres of parkland. No puhlic comment was received. There bell1g no CommIssioner ohjections, Mayor Krauss closed the public hearing. Discussion Responding to Mayor Krauss, Mr Hinsley noted that at thiS pomt, thcy have agreed to put in the cntire park With Phase III, and that is a signitleant amount of parkland. He stated that all parkland for Phascs r, If, IfI, and IV will go into with III. He noted therc is cxisting park in Phase r, and no park Il1 06-26-2006 Pagc 11 Phase II. The major portIOn ofthc park was to be Il1 Phase IV, but they have agreed place It in Phase III. Mayor Krauss noted that Mr. Hinslcy went campaigned and put money up to help with the nght of way, and also was on the Commission's side fllr the impact fec dispute. Mayor Krauss notcd that Mr. H Il1sley took a hrave stand SIde with the Commission f()r the discussion and law suit related to Impact fees. He also stated that thc City did Imposc some of these delays wIth the moratorium. Cr. Klrchho fT noted that the actIOns mentIOned are noteworthy actIOns taken by the apphcant, but are to the side of this request. He stated that the result of what would eome from COllnnission denial of the extensIOn would be of Sig111 fi cant puhItc hcnefit. Cr. Kirchhoffnoted that Mr. HlI1sley (lId help with thc Durston proJect, but we stand to gain hettcr eonfiguration and hcttcr pedestnanmovement without taking away thc large lots hccause the Loning goes from R-l to R-4. Hc stated that it looks likc spot zoning and If you look at this subdIVIsion, you see the pockets. He thinks the community and reSIdents stand to benefit if the applicatIOn is redesigned and resuhmittcd. He noted that the template eXists, and It would not be an enormous challenge, but may be somewhat signifieant. I Ie closed hy eneouraging the Commission to deny the request for extension. Cr. Becker questIOned what would occur ifthe applIcation were dCl1led. He exprcsscd conccm with how the calculatIOns would he made and questioned If there would be hack calculations. He asked ifthe prcvlOUS phases have to make up for the ncw codc provIsIOns? Mr. Epple noted that he thinks we will just calculatc thc pro rata f()l' the phases not yet huilt. Phases I and II are filed on record, and new condItlons can not be Imposed. Mr. Epple notcd that the trunk lines and main lines would not need to be ehanged, but lines that have not yet been installed can be redesigned. The main spine ofthc suhdivislOn will not ehange. Cr. Becker notcd there is not enough inf()rmation presented to make an 1l1f()rmed decision. He statcd that hc can not make such a decIsIOn t0111ght. Mr Epple noted this came outside of the nonnal plann1l1g process, and staff did not havc much tune to prepare. Responding to CommissIon questions, City Attorney Luwe noted the statute says the governing hody can grant the exceptIon after thc cxpiration has occurred. Cr. Becker noted that hc understands that work has been done, and despite threats oflitigation, It appears that thc pattern IS that the authority can make that decIsIOn, and the thrcat of a lawsuit will not motivate h1l11 to vote one way or another. He stated that he wants a better understand1l1g of the first two phases belore mak1l1g a deeision. Cr. Rupp noted that it is awkward to him as well, and Phase IV is the largest part that has not been completed. He stated that It also Important that the Planmng Director has adVIsed to dcny the rcqucst for extenSIOn. 06-26-2006 Page 12 Cr. Bccker called fiJr a delay of one week. City Manager KukulskI noted this will he delaycd for a few wecks. The 1 Olh would be the most likely agenda. Ms. SWImlcy noted they understood that this wIll be put this on the next available meetll1g agenda. Decision Mayor Krauss continued the puhlic hcanng to July 17th. Action Items 1. City appointments to GDC's Loan Review Committee Tracey Jette, Exccutivc DIrector of Gallatll1 Development CorporatlOn (G DC), prescntcd a memo rccommcndll1g appoll1tments to the Loan Review Committee. She recommended keepll1g the eXIstll1g loan committee. It was muved by Cr. Rupp, seeonded hy Cr. KIrchhofl to appoll1t Brian LaMeres, Andy Epple, Kaaren Jacohson, and Tracy Menuez all WIth initial two-ycar tenns, to the GDC's Loan ReView CommIttee. The motion carncd. Thosc voting Aye heing Crs. Rupp, Kirchhoff~ Becker, and Mayor Krauss. Thosc voting No bell1g none. 2. Resolution 3927, proposed various changes to solid waste rates City Manager K ukulski noted that since this IS an actIOn item, the presentatIOn should procecd hut no action should f()llow at thIS time. Finance DIrector Anna Rosenherry prescnted the proposed changes to thc solid waste rates. She noted that thc proposal hcf()fe the CommissIOn includes the new solid waste fates proposed hy the new Supcrintendent ofSohd Waste as presented at the June 19th Commission meeting. She noted that the final decision will he madc at the July 17th CommissIOn meetll1g. 3. Proposed 5% increase to Tree Maintenance District rates Ms. Rosenhcrry presented the proposed incrcases to the Trce Maintenancc District rates. She noted the proposed increases will bc propcrly noticed and deCided at the July 17th CommiSSIOn mcctll1g. The 06-20-2006 Page 13 paekcts contall1 the proposed income and cxpen(htures expected fix the commg year. One person will be lured to fill a contract that could not get awarded due to lack of applicants. Responding to Mayor Krauss, Ms. Rosenbeny noted that the capital purchases scheduled arc not as expensivc as have heen 111 the past. Thcrc arc a few capItal itcms approved at the June 5th CommissIOn meeting. This, too, wtll come back to the Commission f()r a final deCision. Responding to Mayor Krauss, Ms. Rosenherry noted that under the current budget, all but $3,000 would he funded. rhe rate increasc helps fund capital costs. Ifthe Comnllssiun continues to adopt 50Il) rate increases, a halancc would be built. She noted that the YYO mcreasc over the comll1g years IS hell1g used to II1crease the balance of the fund. John VanDehnder, Superintendent of Forcstry, stated that If allowable, II1stead of putting all allocations into boulevard planting, some could be put into parks. Responding to Mayor Krauss, Ms. Rosenberry noted that Y1'o translatcd to approximately $15,000 m extra II1come. She noted that ahout half of this hudget goes to personnel costs. Mayor Krauss questioned how many trccs could he purchased f()r $3,000. Responding to Mayor Krauss, Mr. VanDelll1der noted that on average each tree co<;ts about $200, planted hy thc City. He stated, however, that this year the costs werc down to ahout $130. He also stated that as long as there is not a shortage, we will contll1ue to buy trees 10ca11y at bettcr priccs. lie noted that If trees are purchased in hulk, by the truckload, per tree costs would he lower. Mayor Krauss noted that he would like to set a target fiJ[ the nllmber of trees the City plants yearly at one hundred trees. Trces are one of the most effectIve remedies for removal of carhon dioxidc from the atmosphere plus therc arc aesthetic and shade benefits to neighborhoods WIth the planting of more trees. Mr. V anOelinder noted that Ifthere were remall1lng trees in the fa11, the CIty could cost/share them. In thc years past, the trees would have been on sale. Cr. Kirchhoff noted that it sounds hke the City is taking a dlflerent dlrcctlon or at least trYll1g to extend the cost/share program. Mr. VanOc1inder noted that the City can possibly get a truckload of trees if the decision is to purchase trees Il1 bulk. Cr. Klrchhofl noted that, to date, there were 72 trecs planted thiS year. Responchng to Cr. Rupp, Mr. VanOelinder notcd that findll1g City space to plant trees that the City could cultIvate would he ditlicult. He noted that the current cost share IS 50/50. Oo-2tl-2()Oh Page 14 Mayor Krauss noted that we may be ablc to get onc hundrcd trccs If purchascd in bulk by the truckload. I Ie noted that he would like to see 500 trees planted m five years. He asked Ifthe City can entcr into a contract to huy trees and have them grown fix fuur more years. He clanfied that he thmks of "local" as the statewide, not nccessarily city- or countY-Wide. CIty Manager Kukulski noted the purpose ofthis fund, is to plant trees where they are not currently planted and to replacc those trees that were planted 100 years ago. He noted that purchases such as these are the functIOn of the fund, not buildmg cash rcscrves. All the funds should he going into planting or tnmming trees. Mr. VanOelindcr noted that the trees use a lot of water but the City can pipe storm runoff ll1to houlevards to watcr the trees. Mayor Krauss noted that tree plantmg encourages commumty adoptlon, partlclpatlon, and donations in mcmoriam. He noted that it is not uncommon tur school chIldren to go out wIth water buckets and water the trees. It takes a some marketing and puhliclty to create and maintain awareness. Mayor Krauss stated that he would not opposed the 5% incrcase. CIty Manager Kukulskl noted that Mr. VanDelInder commented that in the budget, the CIty would target to maximiLe the number of trccs plantcd, wIth hopcs to mcct, or exceed, the onc hundred tree expectatIOn proposed hy Mayor Krauss. Cr. Rupp noted rcmams convinced that thcCity has thc capacity to plant and b'TOW trces, and would like to spend today's dollars on tomorrow's trees. Ms. Rosenhcrry noted that earlier in the presentatIon she incorrectly stated that the 5% is needed f()r a staflpcrson. Actually, only 1% is needed to hire the staff person. Mayor Krauss noted that Cr. Becker stated last week that the City sells out ofthc cost/share trees in a mattcr of days. Hc stated that he does not want to pay stalTto move trees two or three times, and does not likc thc idca ofhuYll1g now and growmg them tor later harvestmg and replantmg. City Manager Kukulski notcd that thc previous hudget requested a full time employee (FTE), but staff wanted to contract out thiS posItIon. The current hudget mcludes $40,000 f()[ an FIE He noted that thc goal is not to change the bottom Imc m the budget. Ms. Rosenherry noted that thc 5l}o incrcasc translated to about $1.30 per year to eaeh citizen for the total asscssmcnt incrcase. Ms. Arkell c1antied that the budgct mainta1l1s an additional $40,000, and while the City dId not have private bus1l1esses bid on the contract, thc CIty has hccn ahle to do some ofthc smaller tmnmmg, thus spending some of the budgeted funds. No motIon or vote was taken. 06- 2 6- 2 OO() Page 15 4. Proposed 5110 increase to Street Maintenance District fates Ms. Rosenberry presented the proposed Il1creases to the Street Mamtenance Dlstnct rates. She recounted, tl.)r thc Commission, the personnel and street b'Towth issucs. Mayor Krauss notcd that the operatlllg budget contains an II ~'() increase when the City is only proposing a 5% inereasc. Ms. Rosenberry noted that the City does not need a total of II ulr) to fund the hudget, due to other eosts. Mr. VanDelindcr noted that almost everytlllng the Streets Department does deals wIth oil or steel. He noted that the price of hot -mix has gone up from $24 to $40 a ton. Hopefully, he stated, the proposed hot-mix plant will mitigate some of the material availability issues. Mr. VanDe1inder also noted that it is the goal ofthe Street Department to sweep every single street. Some areas ofthe CIty, where pipes diameters are small and suhJect to freezing, especially Il1 the older sections, they arc usually swept first. CIty Managcr Kukulski noted that the City should strengthcn the Streets Departmcnt if we expect to see tllnely plowing or swcepll1g. He stated that the City has an opportul11ty to demonstrate to the public their tax dollars at work, but Streets has had a skeleton crew and is unahle to kecp up with some of the snow events causing some people wonder what they arc paying f()r. Mr. VanDclinder noted that Streets has five peoplc out at 3:00 a.m., to plow all arterials and collectors in the City. City Manager Kukulski noted ifthe Commission could adjust rules and components regulating on- street parking to allow for hetter plowll1g Il1 the winter It would be extremely helpful. City Manager Kukulski notcd that puhlic safety IS paramount and that It would take a long time to transition a commul1Ity of 35,000 people to get used to enforced on-street parkll1g restrictions. Ms. Rosenherry added that the payback period for the hot-mix, hased on sales of hot-mix ton age alone, could he trom f()Ur to five years, apart from CIty use. No action was taken. Break Mayor Krauss declared a brcak trom X:54 p.m. to 4: 10 p.m. Action Items (cont) 06-26-2006 Page 16 5. FY 2006 - 2007 preliminary budget details and calling for the budget hearing City Manager Kukulski noted that thcre will he a public hearing on this in the coming weeks. He noted the llnpossibility of adoptmg the final hudget hcf(lre the FY 2006 hudget expIres. The City does not get values from the State until late August, as a result it is not possible to present a completed hudgct proposal until then. She presented the prelimll1ary budget details. Ms. Rosenberry noted that in the past the City has not rclicd on the preliminary budget as the preliminary opcrating plan. For example, the City would not hire any new positions or purchase any capital items Llntil the final budget is approved. However, setting guidehnes gIves staff an idca of what IS expected. She noted that for FY 2006, there are some exceptions. One ofwlllch is the purchase of digital recording eqUlpment fiJr the City Clerk's office and contmue with thc water storage tank painting project. The CIty would also like to fill the two police department positions and the one fire department position, because therc are extensive hiring procedures involved. CIty Manager KUKulski noted that there is a state rankmg offire and police department applicants wIthll1 the consortium hiTIng process. Bozeman wants to compete fix the best camhdates. Theref()re, the City necds to start the hIring process now. This IS true especially smce the Commission unanimously supported the hiring of addItIOnal puhlic safety personneL Ms. Roscnhcrry noted that becallseofpoltcc departmcnt tumover, and the extensive hinngprocess, it would be prudent, due to the high attrition rate, to over-hire when b'Teat candidates are H.lentlfied. She noted that the Police Department is in a good position to find two more officers ifthe hiring can be done now and not in August, 2006. CIty Manager Kukulski notcd that the City swore-lI1 four police officers in the past fcw months. They then transfcrrcd to the police academy, two were subsequently lost over the next 60 days. City Manager Kukulski also noted that the City II1creases the number of Pllbhc safety personnel almost every year. The result ofover~hiring is that the f()IIowll1g year, the City would SImply hIrc one Icss FTE than would have heen hired. Additionally, between turnover and vacancy savings, the City will not excced budgetary constraints hy havmg one addItional FTE. Ms. RosenbelTY noted that the Puhlic Safety Director - Pohce Tymrak noted that he docs not anticipate heing ovcr hudget even WIth the hiring of cxtra pcrsonnel. Mayor Krauss noted that, done it the old way, we have not put enough police on the streets. When lookmg at the risk of commItting the ovcr-hudgcting crror; It seems vcry small comparcd to the risk of not havll1g enough police on thc strcct. Brit Fontenot, City Clerk, noted that the cxpcnditure for the City Clerk's office is related to new mll1utes software program(s). 06-26-2006 Page 1 7 Ms. Roscnberry noted this purchase will significantly incrcase the efficiency ofthe Clerk's oflice She noted that thc City has been working towards this purchase over the last few month':>. Mayor Krauss notcd thc importance of havmg accuratc minutes. He also recogl1lze that the tllnlng IS good for changc or upgrades m that thc City has recently hired a new City Clerk. Decision It was moved by Cr. Rupp, seconded by Cr. Kirchhoff~ to I. Dcsignate the CIty Managcr's Rccommcndcd Budget with the f()llowing restrIctions: A_ No newly approved capital projects or eqUIpment purchases will be executed pnor to final budget adoption, except the following projects, which may hegin on July I, 2006: I. $8,000 - DIgItal Recordll1g Device/Sollware Il.lr meet1l1g Inll1utes (CommIssion Budget) II. $750,000 - Watcr Storagc Tank Paintll1g (Water Fund Budget) B. No newly creatcd posItions will be filled prior to final budget adoption, except the following positions, whlch may be filled beg1l1l11ng on July 1,2006: I. Police Offieers (2 FTE's) 11. Firefighter (1 FTE) The complex hiring proeesses for Policc Officcrs and Pircfighters have recently been Il11tiated. StalTwould Itke to fill the above positions as soon as possihle. 2. Set the budget hearing date f(lr July 17,2006, and direct stalTto prepare notIce and budget resolutions. The motion camcd. Those votmg Aye being Crs. Rupp, Kirchhoft~ Beckcr, and Mayor Krauss Thosc votll1g No being none. Non-action Items 1. Revicw of the Board of Adjustments UDO Tcxt Amendments 06-26-2006 Page I g Plannll1g Director Andy Epple presented the proposed Board of AdJustmcnts (BOA) uno Text Amendment. I Ie notcd that when remstating an enttty hke the Board of Adj ustments, npples are creatcd throughout the code. This is the reasoning behll1d the length of the document that would etlcctuate the BOA. He noted that staff is preparcd to set the public hearing for LOl11ng on July I gth, 2006, and City CommIssion hearing on August 7th, 2000. He revIcwcd the suggested duttes that the BOA could take ovcr from the Commission. He also noted that staff IS recommendmg sevcn hoard memhers rather than five in ordcr to havc a bettcr chance to effeet the nccessary quorum. Hc stat cd that the BOA is a quasi-judicial hoard, appealll1g dIrectly to the DIstnct Court. Consistent With the Local Govcrnment Study CommIssIOn, the three year appointments should be staggered. He also noted that the CommIssion has the right to reclaim reviews, With a three person vote. He also suggested adJustll1g some ofthe nottcmg proccdures; falhng more in Ill1e WIth statc law. Cr. KIrchhoffnoted that City Manager Kukulskl started tins movement to a BOA ahout two years ago. He noted that we could put all of these recumng planning items to the Board of Adjustments and there would not be disastrous. The CommISSIOn could then get the BOA agenda through a memo, or the Planmng DIrector so thc Commission remains infonncd of the unresolved issues before the BOA. Cr. Rupp noted that hc is not that comfortablc WIth moving all the rccommended deCisions to a BOA. If the CommIssion turned some ofthc decisions over to the BOA, and retall1ed others he may feel more comf()rtable, eventually transfcring othcr decisions to the BOA over tune. Mr. Brey noted that when the City used the BOA in the past it was spccified that one memher of thc Planning Board served on the Zonll1g COmnllSSlOn, <md one member ofthe Zoning Commission served on the Board of Adjustments. He noted that there was always someone willing to serve on all 3 boards fostering great coordll1ation. He stated that he doe not think the CommissIOn will have a hard timc fInding people to serve on the BOA. Mr. Epple noted that for variances, there are three ,:riteria, set forth by state law. This Commission IS scrving as the BOA now, the problem lIes where the vanance granting board is, or is not, making deeisions based upon thc criteria, hut hased upon ImhvH.lual personalittes. Mayor Krauss noted he does not have a problem turning deVIatIOns, for example, ovcr to a BOA. Suspend the rules It was moved by Cr. Klfchhoff~ seconded by Cr. Becker, to extend thc meeting pursuant to Rule 3.A.2, of the Rules of Procedure. The motton carned. Those votll1g Aye being Crs. Kirchhofl Becker, and Mayor Krauss. Those votll1g No bell1g none. Cr. Rupp abstained. N on-action items 1. Review of the Board of Ad,justments UDO Tnt Amendments (Continued) 00-26-2000 Page It) Mayor Krauss noted that appeal deCisions should he mamtamed by the Comnll,>sIOn. He noted that there IS a reasonable expectation of appeal to eleetcd officials. Otherwise, he would agrec to turnll1g all the othcr decisIOns over to a BOA. Cr. Kirchhoff agrees with Mayor Krauss and consH.!ers a five member BOA large enough. He stated that he would like to restnct membershIp to reSidents at the CIty. Cr. Rupp noted that not having the experience of his colleagues on the CommIssion, he would rcqUlre more inflmnation presentcd to him to reach a comfixt level with tUn11l1g over certain decision to aBOA. Cr. Becker stated his ambivalence towards a BOA. He recog111zes the henetIt of having experienced and qualttied BOA members regardless of where they reSIde. Mayor Krauss noted that Cr. Beckers arnbivalenee is shared and understandable, but stated that now is the time to seriously consider the pros and cons of a BOA. CIty Manager Kukulski noted that there should he a timl deadlll1e f()r thc Commission to determine if an issue should he called up from the BOA to he heard hy the CommIssIOn. Mayor Krauss agreed with Mr. Kukulskl and noted that additi(mally, there should he a mecha111sm fix letting the CommiSSIOn know what Issues are pcnd1l1g with the BOA. He noted that the Commission will continue to diseuss this issue. 2. Discussion Regarding City Commission Meeting Minutes City Manager Chris KukulskI noted that with the tranSItIon in the City Clerk's office, there was a lot of discussion regarding minutes. He stated that the Clerk's office is so much more than just taking minutes on Monday night, and that oftIce is responsihle by law for all oilictal documents and maintammg records. CIty Clcrk, Brit Fontenot, offered 1l1f()rmatlon regarchng the method meet1l1g lllinutes have been rccorded and could be recorded WIthout sacrifice ofdanty and completeness. I Ie noted that we have heen research1l1g a software apphcation sold and supported hy a company called For the Record (FTR). Software of this type is eurrently in use by the County Clerk's oftlce and other cities across thc nation. He stated the hcnefits of transItIon1l1g to a similar program. He noted this wtll eventually allow the digItal audio to be placed on the world Wide web, hniher increas1l1g puhlic accessahility. Respond1l1g to Cr. Becker, Mr. Fontenot noted that thIS system will havc some posslhllity ofheing used by other departments and the l1exibility of mov1l1g from one meetll1g room to another as meeting venues changc. Responding to Cr. Rupp, CIty Attorney Luwe noted the hard copy signed, attested and adopted minutes are the oftlcial nunutes of the City. This docs not prevent the pubhc, however, from takll1g exact 06-26-2( )06 Page 20 minutcs Case law throughout the U.S. states that the actual minutes are the ones that are adopted hy the Commission. J. Weekly Update City Manager Kukulski gave a tliendly rcmmdcr that thcrc is a pcrception on the staff that people arc not reading thc weckly update. He noted that the origll1alll1tent ofthe update was to ll1f(mn the elccted ol1lcwIs of the goings on in the City administration. He asked for feedhack on whether thc CommIssIOn wanted to eontmuc this update and f()und It useful. Mayor Krauss noted he thll1ks the wcekly update IS useful and Important and saves the Commission time. Cr. Becker agreed that the weekly update lS important and asked why the update is presented in two columns, and noted the di11iculty readmg the weekly update on a Blackberry in the two column format and suggested a one column format. Mayor Krauss notcd that hc agrees wIth Cr Becker. 4. Discussion - FYI Items A. Assistant City Manager Ron Brey notcd that the Planmng Board has open cd thcir meeting on Tuesday, AUb'1lst 1'1 at 7:00 p.m. All three bodies, City Commission, Planning Board and Zoning Board are invited to attend and ean visit with the consultant rcgarding the North 7th plan. (2) I-Ie also notcd thc Beallc Park issue that surfaced last week, and passed out a memo related to the park hulldll1g. B. Ms. Rosenberry requested Commission input regarding staffreports and welcomes feedback. (2) She notcd that Aaron Hagcn, the Infonnation Technology Director has resigned, noted that the CIty is sad to see him go. (3) She also noted that if there are no maJor setbacks and Ifthe City were to sell offa pIece ofthe new hbrary propcrty, it would he a pnvate actiVity use, and the City could still retall1 the tax exempt status on the honds that wcre Issued. C. City Manager Kukulski thanked Human Resources Director Patty Berg and other staff~ notll1g that there was a lot of work done regarding contracts f()r the u!tlons, most notably teamsters and the Fire Dcpartment. (2) lIe also stated that a lot of time goes into the preparatIOn ofthe prelIminary budget, and Ms. RosenbelTY does most of the work. Hc thanked hcr for all hcr cfforts. (3) He noted that thc City Manager contract expires in approximately one year. Mr. Kukulski stated 11lS interest in continuing his employment wIth thc City of Bozeman. D. Cr. Becker noted hc IS talkll1g to a few groups regarding the watershed issuc on Tuesday, July 11th, from 4:30 to 6:30 p.m. He requestcd a tour. 06-26-2006 Adjournment Page 2 I rhere bemg no CommIssioner OhJcctIOns, Mayor Krauss adjourned the mectmg at 10:34 p.m. I I. ---'."--' ~-~-. W ~) i ~.~ . f ,'-' " ( .' ....,' .' \ ..J ~--';L~' ..'- Brit F~;n~eno~~Ckrk ATTEST: PREPARED BY: r- ) ~~j~J Bnt Fontenot,f='lty Clerk Approved 1~~)1- ,2006 1/ I v 06-26-2006 ~"