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HomeMy WebLinkAbout2004-07-26 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA July 26,2004 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, July 26, 2004, at 7:00 p.m. Present were Mayor Andrew Cetraro, Commissioner Jeff Krauss, Commissioner Marcia Youngman, Commissioner Steve Kirchhoff, Commissioner Lee Hietala, Acting City Manager Miral Gamradt, Director of Public Service Debbie Arkell, Planning Director Andy Epple, Acting City Attorney Tim Cooper and Clerk of the Commission Robin Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. . Minutes - April 26. May 3. May 17. May 24. June 7. June 11 Hales. June 11 Kukulski. July 19 and July 21.2004 It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the minutes of the meetings of June 11 Hales, July 19 and July 21,2004, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala and Mayor Cetraro; those voting No, none. Mayor Cetraro deferred action on the minutes of the meetings of April 26, May 3, May 17, May 24, June 7 and June 11 Kukulski, 2004, to a later date. Consent Items Acting City Manager Gamradt presented to the Commission the following Consent Items. Ordinance No. 1617 - setting the Municipal Judae's salary for Fiscal Year 2004-2005: finallY adopt ORDINANCE NO. 1617 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING THE MONTHLY SALARY OF THE MUNICIPAL JUDGE OF THE CITY OF BOZEMAN AS REQUIRED BY THE BOZEMAN MUNICIPAL CODE. Acknowledge receipt of petition for annexation from Mark R. Albrecht - 2.8 acres described as Lot 2. Block 5. Walker Property PUD Subdivision (1635 Reeves Road East) Acknowledae receipt of staff report - annexation of 2.8 acres described as Lot 2. Block 5. Walker Property PUD Subdivision (1635 Reeves Road East) (A-04006) Acknowledge receipt of petition for annexation from Tony Stiff and Mitch Bill is - 0.937 acres described as Lot 1A1. Block 4. Walker Property PUD Subdivision (northeast of intersection of Reeves Road and Enterprise Road) Acknowledge receipt of staff report - annexation of 0.937 acres described as Lot 1A1. Block 4. Walker Property PUD Subdivision (northeast of intersection of Reeves Road and Enterprise Road) (A-04007) Claims It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to 07 -26-04 - 2 - complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss and Mayor Cetraro; those voting No, none. Recoanition of City emDloyee Director of Public Service Debbie Arkell noted that the Department of Public Service has chosen the vision statement "to provide excellence in public service". She noted that the Department of Public Service has over 1 00 employees who "serve as the eyes and ears of the City". The Director introduced Meter Reader Foreman Ed Michalson, a City employee for just over 22 years. She noted that the meter readers read over 8,000 meters each month and are in tune with the people they serve. If they notice what appears to be excessive usage in a month, they contact those individuals to determine if there is some type of leak that has caused the increase. Approximately a month ago, Ed was sent out to shut off water for non-payment. The neighbor came out to see what he was doing and expressed concern because the resident had an illness, had a medication change and had chosen not to take the medication. The neighbor had not seen the resident for over a week and was concerned about the individual's well-being. Through discussion, the neighbor and Ed discovered a mutual friend, who they contacted. The three pooled their personal monies to pay the water bill, and Ed turned the water back on. They also contacted the Police Department to do a "well check" and contacted social workers to ensure adequate assistance. Director of Public Service Arkell concluded by presenting Mr. Michalson with the award for excellence in public service and thanked him for going above and beyond what he is paid to do. Public comment No comment was received under this agenda item. Public hearing - Certificate of ADDrODriateness to allow removal of existina rear concrete slab and construction of new 576-square-foot footDrint. 20-foot-hiah detached rear aaraae with second-floor accessory dwellina unit on Lots 15 and 16 and one foot of Lot 17. Block 48. Park Addition. with deviations from Section 18.16.040. Bozeman MuniciDal Code. to allow accessory dwellina unit on a lot 10 feet narrower than the reauired 60-foot width. and from Section 18.16.050. to allow detached rear aaraae to encroach 14 feet into the reauired 20-foot rear yard setback - Rich Noonan for Claud & Jan Matney (718 South 7th Avenue) (Z-04158) This was the time and place set for the public hearing on the Certificate of Appropriateness requested by Rich Noonan for Claud and Jan Matney under Application No. Z-04158, to allow removal of the existing rear concrete slab and construction of a new 576-square-foot footprint, 20-foot-high detached rear garage with second-floor accessory dwelling unit on Lots 15 and 16 and one foot of Lot 17, Block 48, Park Addition, with deviations from Section 18.16.040 of the Bozeman Municipal Code, to allow an accessory dwelling unit on a lot 10 feet narrower than the required 60-foot width, and from Section 18.16.050, to allow the detached rear garage to encroach 14 feet into the required 20-foot rear yard setback. The subject property is located at 718 South 7th Avenue. Mayor Cetraro opened the public hearing. Included in the Commissioners' packets was a memo from Historic Preservation Planner Allyson Bristor, dated July 21, requesting that this public hearing be continued to August 2 to give the applicant to provide the additional information requested by staff. It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the public hearing be continued to August 2, per staff's request. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, Commissioner Youngman and Mayor Cetraro; those voting No, none. 07 -26-04 - 3 - Public hearing ~ intent to budget a 1 O.9~percent increase in revenue from propertv taxation for Fiscal Year 2004~2005 This was the time and place set for the public hearing on the City's intent to budget a 10.9-percent increase in revenue from property taxation for Fiscal Year 2004-2005. Mayor Cetraro opened the public hearing. Director of Finance Miral Gamradt noted that State statute requires any increase in revenues from property taxation be subject to public hearing prior to adoption of the budget. In this instance, he recognized the 1 0.9-percent increase identified in the advertisement sounds staggering. He noted, however, that that figure reflects a projected 5.3-percent increase resulting from new construction and a 5.6-percent increase from increased mills. He noted that, under State statute, a municipality may increase its revenues from property taxes annually by an amount equal to one-half of the average rate of inflation for the previous three years; that translates to 2.12 mills. Additional increases include a 4.33-mill increase for retirement of the transportation G.O. bonds, which were approved by the voters in 1995, and a 3-mill increase to cover the additional costs for health/medical insurance. He concluded by noting that, if this increase is approved, property owners see an average increase of just over 5 percent in their property taxes. Mr. Matt McKennan, 2910 Donna Avenue, noted that the 2003 State Legislature enacted a 34- percent appraisal increase spread out over five years. The City is now asking for a 1 0.9-percent increase in revenues from property taxes; and the County has indicated its intent to seek funding support for the 9~1 ~1 services, for a new jail, and for open space bonds. He cautioned that further increasing taxes could result in driving people outside city limits, noting that everyone is impacted by those increases. He cautioned that rents are already out of control, and any additional costs will simply be added to those high costs. He proposed that the City budget be reduced by 12 percent, that departments be directed to identify needs and wants, and that the City operate within the monies available like residents must do on a personal basis. He stressed that the real needs of the community include providing for the public health, safety and welfare, and indicated it is important to fund effective police and fire services as well as adequate water and sewer services. He concluded by expressing his concerns about the proposed increase. Mr. Clinton Cain, 2551 Magenta Road, voiced his concern for the impact this increase may have on older people on fixed incomes. He noted many residents are in the same boat, elderly, retired and on a fixed income with very minimal increases if any. He asked that the Commissioners give careful consideration to those individuals, many of whom have lived here all of their lives. Mr. Dane Gamble, 13 Hitching Post, noted that he is involved in the Bridger Creek Golf Course. He distributed an information sheet on the increases that the golf course has encountered over the past few years. He noted that, using 2001 as the base year for property taxes, he incurred a 12.27 -percent increase in 2002 and an 18.29-percent increase in 2003. He stated this is the city/rural portion only of his taxes and does not include the school district, county or other assessments. He then turned his attention to the increases in street and tree maintenance assessments, which he views as really being another tax, noting that between 1997 and 2004, they increased by a simple annualized 10.95 percent. He stressed that these are real examples from a business within city limits and questioned how much in increased taxes is enough. He also voiced concern about the proposed increase in the health insurance mill levy, noting that his business must simply absorb that additional cost of doing business. He concluded by asking the City to be sensitive to the increases in other fixed costs as local businesses strive to provide good services, good products and good employment opportunities and help to build the community. Responding to Commissioner Kirchhoff, Director of Finance Gamradt noted that the 20-year transportation G.O. bond issue, which was initially approved in 1995, was refinanced in January 2004; and that refinancing resulted in skipping an entire year's payment and a lowered mill levy last fiscal year. The increase in mill levy is simply a return to nearly previous levels and the levy should remain essentially static for the remainder of the bonds. Responding to questions from Commissioner Hietala, Director of Finance Gamradt stated the 2.96- mill increase in health insurance should stop the decline in the balance in that fund. He noted that in the first four or five years of being self-insured, the City was able to generate a $1.8-million balance in that fund; however, within three years, the City has lost that entire balance. He stated that the City is now incurring claims totaling $2.4 million annually. To address the huge swing in this fund, the City has increased its contribution for each employee and has added the requirement for employees to contribute $100 for 07 -26-04 - 4 - spouses and $50 for children, which reflects a huge change from the City paying the entire family premium as it had in the past. Director of Finance Gamradt indicated that next fiscal year will be the last of the three-year mill levy approved by the voters for fire equipment. Commissioner Krauss observed that 4.33 mills of the proposed increase actually result from a one- year hiatus in payments due to refinancing, not an increase in the budget. He also recognized the need to increase the mill levy this year for the health insurance fund; however, he noted that levy will probably be sUbject to a cap in next year's budget due to legislative action at either the state or the local level. He suggested that this issue be carefully considered as negotiations with bargaining groups are undertaken, noting that negotiations for this fiscal year have already been done. Commissioner Krauss turned his attention to tax breaks currently available for those on fixed incomes and older individuals. He stated that property owners can apply to the Department of Revenue for a break in their property taxes, based on income, noting that application must be filed by March. The other break is the elderly homeowner credit on the State income tax. He noted the credit is for up to $1,000, depending on the amount of taxes paid and income levels, and can be requested even if one has paid no income taxes for the year. He urged those eligible for either of these forms of relief to avail themselves of the opportunity. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Mayor Cetraro noted that over the past couple of the years, he has become more familiar with the City's budget and, this year, has participated in helping to shape it. He continues to struggle, however, with the continual increases and the lack of Commission influence on the final document and voiced his interest in becoming more involved in next year's process and final product. It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the Commission approve the proposed 10.9% increase in revenue from property taxation for Fiscal Year 2004-2005. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Krauss, Commissioner Youngman and Commissioner Kirchhoff; those voting No being Mayor Cetraro. Public hearina - Dreliminarv municipal budget for Fiscal Year 2004-2005. as forwarded in the "City Manaaer's Budaet Recommendations for Fiscal Year 2004-2005" with amendments identified bv the Commission This was the time and place set for the public hearing on the preliminary municipal budget for Fiscal Year 2004-2005, as forwarded in the "City Manager's Budget Recommendations for Fiscal Year 2004-2005" with amendments identified by the Commission. Mayor Cetraro opened the public hearing. Director of Finance Miral Gamradt noted the Commissioners received the "City Manager's Budget Recommendations for Fiscal Year 2004-2005" in early June; and several discussions have been held since that time. He briefly reviewed the changes that the Commissioners have made to the budget recommendations, noting that $150,000 in revenues were deleted because the Commission did not create the special improvement districts along North 19th Avenue and Valley Center Road. To offset that reduction in revenues, the Commissioners agreed to eliminate the facilities superintendent position, reduce the contribution to the Montana Public Power Authority, reduce the City's contribution to the bike lane project, eliminate funding for leadership training, and utilize a portion of the unbudgeted revenues. Further, the Commissioners have agreed to use personnel savings in the City Attorney's budget to fund a portion of the second floor remodel at the Professional Building, with the remainder of that project being budgeted in the Building Inspection Division budget. The Commissioners have also expressed an interest in funding a project manager position from the enterprise funds. Finally, the Commission has indicated a willingness to consider an increase in Commission compensation that reflects the cost of living increases over the past two years if the mil value comes in higher than estimated. He concluded by indicating that staff is currently pursuing a grant for the Hyalite transmission line project, which is estimated at $4.8 million; and no monies have been included in the budget for that project due to concerns that any expenditure of monies might 07 -26-04 - 5 - jeopardize receiving federal monies. If the City is successful in obtaining federal monies, staff will come back with a request for authorization to use impact fees or pursue a rate increase for the local match. Director of Finance Gamradt highlighted the budget process to date. He noted that departments are encouraged to request the funding they need for the upcoming year. The General Fund is always the most difficult to balance, with initial requests totally $750,000 to $1.2 million more than available revenues. This year was no different, and the first round of cuts, done by department heads, resulted in eliminating roughly $750,000. After department heads were unable to make any additional cuts, he and Acting City Manager Brey made the cuts they felt necessary to bring the budget into balance. He concluded by reminding the Commissioners that administration eliminated $1 million from the initial budget before it was presented to the Commission; and the Commission has sUbsequently eliminated $150,000. Mr. Dane Gamble, 13 Hitching Post Road, stated he believes it is important to consider the impacts that an increase in taxes to support the proposed budget will have on property owners, particularly when combined with an average 34-percent increase in appraised value implemented over a six-year period. He encouraged the Commissioners to consider the information he provided during the previous public hearing and the impacts that further increases will have. Director of Finance Gamradt noted that the property taxes for the City are one small part of the property tax bill; the school district, the State and the County are also components of the tax bill, along with other possible elements. He stated that he receives the mill value from the Assessor's Office and applies the formula from the Montana Department to Revenue to that mill value and the value of new construction to determine how much the City may generate from property tax revenues each year. Mr. Gamble suggested that information on property taxes, done in layman's terms, could be valuable to the public. He asked that the information be based on some real examples of homeowner property tax histories and commercial property tax histories, to be more meaningful. Mr. Jeff Rupp, Executive Director of the Human Resource Development Council, asked that the Commission reconsider the request for $5,000 in one-time financial assistance for GalaVan to retire the $14,000 debt incurred last year primarily due to increased costs for insurance and gasoline. He noted that Gallatin County, the City of Belgrade, United Way and the State of Montana have all committed to assisting in retiring that debt. Responding to Commissioner Kirchhoff, Mr. Rupp voiced uncertainty about whether the City may levy more than one mill to assist with this transportation program for seniors and disabled; however, he noted the City may choose to supplement it through other funds. He then indicated they have planned on the one mill generating $52,000 in revenues for next year; Director of Finance Gamradt noted that figure may be slightly over $53,000. Ms. Mary Vant Hull, 416 East Story Street, asked that the Commission reinstate the $150,000 for park development through the increased mill value if at all possible. She noted that these monies are used as matching monies, and often result in park projects with more than more double the value. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Responding to Commissioner Kirchhoff, Director of Finance Gamradt stated that staff is at least a week away from knowing the actual value of the mill and how much of the increase is based on new construction. He suggested that the Commission direct staff to bring back a proposed appropriation resolution incorporating the changes he previously identified as well as any possible revisions resulting from this public hearing once the valuation information has been received. Commissioner Krauss voiced his interest in an additional contribution to GalaVan, although he suggested that amount could possibly be reduced from the requested $5,000 based on the possible higher valuation. He also expressed an interest in restoring monies to the parkland development program if possible and suggested that program may need to be revisited with a higher match being required. Responding to Commissioner Krauss, Director of Finance Gamradt indicated no monies have been included in the budget for the local government study commission. 07 -26-04 ._._._..____._.__n... - 6 - Further responding to Commissioner Krauss, Commissioner Youngman noted that office space for the study commission has already been identified, and minimal office supplies could be funded through the Commission's bUdget. She then suggested that, since the study commission will not be seated until the middle of the fiscal year, it may be preferable to wait until after that body has been seated and identified its needs to consider a budget amendment to provide funding for that effort, Commissioner Hietala voiced his agreement with Commissioner Krauss's interest in adding $50,000 back into the parkland development program and adding supplemental monies for the GalaVan request. He still has a problem with the budget process, though, and feels there is slush in it. He suggested that it be sent back to staff for revision, with the requirement that the revised budget is lower, Commissioner Youngman expressed her concern with Commissioner Hietala's proposal and perception of the budget, stating she believes staff has worked hard to make this budget as lean as possible, She noted that over the past several years, administration and the Commission have held back on adding staff but have encouraged increased efficiencies instead, Mayor Cetraro stated he agrees with Commissioner Hietala's comments. He noted that the Commission helped to shape this year's budget process and commended the staff and department heads for their well-done presentations, He voiced his concern, however, that the information provided did not help the Commission shape the budget. He suggested that a workshop with the City Manager and the setting of goals early in the process may give the Commission an opportunity to become more involved in developing next year's budget. He concluded by suggesting that next year's budget may be a flat line budget. Commissioner Krauss recognized Commissioner Hietala's concerns, He noted, however, that the Commission provided guidance to the Acting City Manager in February or March, and he feels the budget as presented meets that guidance, He stated it is essential for the City to pay its debts, and during previous guidance the Commission expressed a willingness to increase the mill levy, capture the floating mill and cover one more year's increased health insurance costs, then talk about constraining the budget. He cautioned that to ask for more cuts at this time is to change the direction given early in the process and to ignore what it takes to produce a budget. While he does not like everything that is included in the budget, he is ready to move on, and to set stringent guidelines for next year's budget early in the process. Commissioner Youngman voiced her support for revisiting the parkland development monies and the request from GalaVan when the mill value is known. She would also like to increase the contribution to affordable housing to meet the commitment in the policy. Commissioner Kirchhoff noted the Commission is close to adopting the budget, and he does not recall any mandates to cut monies beyond what has been done to date. He recognized this budget does not include everyone's pet projects but it does fund the essentials. He does not believe that it has a lot of extras and excesses and, as a result, he supports its adoption. Commissioner Krauss recognized that projects like a comprehensive review and revision of the unified development ordinance and possibly economic development planning will impact staff during the upcoming year, He then noted that one-time monies are being expended for affordable housing, and that is an issue he recognizes will need to be addressed in the future. He then noted that the City will soon be getting a new City Manager and will have an ambitious set of goals for the remainder of the fiscal year. He views this budget as more or less flat, with the exception of health benefits and paying the debt previously approved by the voters. Mayor Cetraro stated he supports moving forward with the process, but he does not support the budget as presented, It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that staff be directed to bring back an appropriation resolution upon receipt of the certified mill value, implementing the City Manager's recommended budget with the identified Commission amendments, The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman and Commissioner Kirchhoff; those voting No being Commissioner Hietala and Mayor Cetraro, 07-26-04 - 7 - Break - 8:15 to 8:20 D.m. Mayor Cetraro declared a break from 8:15 p.m. to 8:20 p.m., in accordance with Commission policy. Presentation of twenty-year Dlan for Sunset Hills Cemetery - Cemetery Board Included in the Commissioners' packets was a copy of the twenty-year plan for Sunset Hills Cemetery, dated June 3, 2004, as developed and recommended by the Cemetery Board. Mr. Carson Taylor, member of the Cemetery Board, highlighted the 20-year plan, noting that the Board has been working on it for several months. He stated that the cemetery has enough land to last at least another 75 years. It may last even longer if the trend toward cremation continues, which will result in the need for more columbariums. Mr. Taylor stated the concept of the plan is to maintain the ambiance that exists in the cemetery. It is bordered by Lindley Park on one side and by Burke Park on another side. The two remaining sides are bordered by streets; and the Board has recommended that a buffer be created along those roadways to help maintain the existing ambiance, providing a serene setting in which people may mourn as they choose. The Board's proposal is that a 30-foot zone be established at the edge of the cemetery land, in which a cross country ski trail and a bike path could be constructed, followed by a lilac hedge with a fence in it to keep out unwanteds, such as dogs. The plan also calls for the planting of more trees in the cemetery, to further enhance the setting for those who wish to visit their loved ones and mourn. Mr. Taylor noted the Board is currently working on a World War II memorial for Gallatin Valley residents. He noted that the monies for this memorial are being raised privately, so it will have no budget implications to the City. Mr. Carson Taylor stated that under this plan, the Board is proposing that the arterial roads within the cemetery be paved and maintained but that the little lanes remain unpaved and not maintained. The plan also calls for small, attractive signs at the intersections of all roads to help people better identify the corners when searching for graves; and maps of the cemetery will be available. Mr. Taylor noted another issue is what to do with unused cemetery land. He stated the Board recommends that it continue to be used for farming in the summer and cross country skiing in the winter. He noted this seems to be a good arrangement that is working well and does not need to be changed at this time. He encouraged the City to enter into only short-term contracts for these uses so that they do not conflict with future expansion of the cemetery. Mr. Taylor turned his attention to the entrance to the cemetery. He noted that for the past four or five years there has been extensive discussion about relocating the entrance from Buttonwood Avenue to the southeast corner of the cemetery, with access being from Golf Way. In the past year, the Board has heard from a number of people saying the existing entrance is perfectly fine. He recognized that moving the entrance to Golf Way eventually is probably appropriate, since it will provide easier access to the newer sections of the cemetery; however, in the short term, the Board has recommended that the $75,000 designated for a new gate be used instead for a new water main to accommodate the irrigation needs for the expanding cemetery. Responding to Commissioner Krauss, Cemetery Foreman Tim Murphy stated that the possibilities of using water from Bozeman Creek or of drilling wells for irrigation have been studied, in fact, two test wells have been drilled; and it has been determined neither option is feasible. He then noted that an existing well currently serves to irrigate the older one-third of the cemetery and Lindley Park, but treated water is used to irrigate the remaining two-thirds of the cemetery. He turned his attention to the need for a new water main to serve the cemetery, noting that the existing four-inch main is old and has numerous leaks, and a six-inch main is needed to serve the existing cemetery and its future expansions. Commissioner Youngman thanked the Cemetery Board and City staff for their hard work and creative thinking on preparing this twenty-year plan, noting it reflects thoughtful consideration of the public comment received. 07 -26-04 - 8- It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the Commission accept the twenty-year plan for Sunset Hills Cemetery as presented by the Cemetery Board. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss and Mayor Cetraro; those voting No, none. Discussion/Commission direction re Dossible creation of SID for imDrovements to Durston Road from North 19th Avenue west Included in the Commissioners' packets was a memo from Director of Public Service Debbie Arkell, dated July 22, providing updated information on the status of possible creation of a special improvement district for improvements to Durston Road from North 19th Avenue west. Director of Public Service Arkell noted that there has been extensive discussion about the need to improve both West Babcock Street west of West Main Street and Durston Road west of North 19th Avenue to serve the new subdivisions and developments occurring in the western portion of the community for several years; and efforts to address the road deficiencies have been moving slowly during that time. She reminded the Commissioners that in September 2000, Walt Wolf offered to financially assist on the initial engineering costs for the creation of a special improvement district; and he and other developers in that area have sUbsequently provided additional funding for that effort. The district boundaries have now been identified, the breakdown between city and county properties has been completed and a ballpark estimate of $4.8 million has been established. Because both city and county properties are located within the district boundaries, representatives ofthe City have approached the County Commission to determine their interest in a joint SID/RID; the response was "lukewarm at best", After reviewing various assessment methods, the consulting engineer has recommended that the SID be based on the area method rather than a per-lot assessment due to the number of large undeveloped county parcels within the district boundaries. Under that method, the estimated portion of the project that would be assessed against county properties is $928,780; and if the County chooses not to participate in a joint SID/RID, a source of funding for that portion of the project must be identified. Commissioner Krauss noted that, if a currently undeveloped parcel were to be developed in the future, the assessment for that property would be recalculated on net rather than gross square footage, resulting in a higher assessment rate per square foot. Director of Public Service Arkell noted that the City pays SIDs on parkland, and estimated the net assessable area at 75 percent of the gross area. Responding to Commissioner Krauss, the Director of Public Service indicated that none of the county parcels are wholly surrounded. Director of Public Service Debbie Arkell stated that a resolution of reimbursement for the Durston Road SID was adopted three years ago and will expire in October. The City's legal staff is working with bond counsel to determine if that resolution can be extended. She indicated that additional right-of-way is still needed for the road improvements, and it appears the City will need to condemn some of that property. Also, the contract with Morrison-Maierle will need to be extended to allow for completion of the plans and specifications for the project if the Commission wishes to move forward with it. She cautioned that if the resolution of reimbursement cannot be extended and if the SID cannot be created by October, then those costs will not be reimbursable. The Director of Public Service reminded the Commissioners that in September 2003, they voted to use impact fees for the project. She stressed that the amount earmarked for this project will not cover the full percentage estimated for growth impact; rather, the Commission chose to spread those monies across several projects. Without the use of those fees, the City has no funding source for the county portion of the project if the County Commission chooses not to participate. She also cautioned that, if the Commission does not wish to proceed with this project, it would be inappropriate to proceed with condemnation of properties for the right-of-way or to expend monies on the design and the plans and specifications. She then indicated that the City has obtained some easements for right-of-way with the stipulation that payment for the right-of-way will occur if a special improvement district is created. 07 -26-04 - 9 - Director of Public Service Debbie Arkell asked for Commission direction on whether to proceed with the creation of a special improvement district for this project or if staff should move to another project. She concluded by noting she will submit similar information on the West Babcock Street project within the next couple weeks, seeking the same type of direction from the Commission. She noted that the City has spent approximately $400,000 in design on that street and the purchase of right-of-way. Responding to questions from Commissioner Krauss, the Director of Public Service stated 71- percent of the estimated $4.5 million cost of the West Babcock Street project is eligible for impact fees; and the Commission has G:reviOUSly budgeted $1.85 million for the project. The estimated assessments for county properties is 343,000, based on the consulting engineer's recommended per-lot assessment method since a vast majority of the properties within the proposed district boundaries are developed. Responding to Commissioner Youngman, the Director stated that the West Babcock Street project could probably be ready to bid in 2005. She estimated that it will be two years before the Durston Road project is ready to bid because of the remaining work on design and right-of-way acquisition that must be done first. She then indicated that most of the work done on design and the plans and specifications for both street improvements would hold if the project isn't undertaken immediately; work that would need to be redone includes the property owners list and land area maps. Commissioner Kirchhoff noted that, by its recent action on the North 19th AvenueNalley Center Road SIDs, the Commission has imposed a moratorium on the use of impact fees for streets, which means another source of funding must be identified to make these projects work. Commissioner Krauss stated he agrees that using any street impact fees for the Durston Road improvements is dependent on settlement of the lawsuit. He characterized West Babcock Street as being different because of the serious safety issues that need to be addressed and, if those improvements cannot be funded through a combination of impact fees and a special improvement district, he could support a general obligation bond to cover those costs. As a result, he would support proceeding immediately with the West Babcock Street project but not the Durston Road project. Commissioner Youngman recognized Commissioner Krauss's argument on the use of impact fees and voiced her agreement that West Babcock Street is a higher priority than Durston Road. She suggested, however, that she could support the use of impact fees for both streets, noting they are both different from Valley Center and North 19th Avenue. At the present time, only these two dysfunctional streets serve the fastest growing part of the community, and that is of concern. She also expressed concern about taking steps to slow or stop the Durston Road project at this time, particularly since it will be at least two years before the project is ready for construction if it is allowed to proceed at this time. Commissioner Kirchhoff stated that not spending monies on Valley Center Road has temporarily put everything on hold in that area, and he anticipates that applicants will request modifications of the conditions attached to recently-approved commercial projects to allow them to proceed without those road improvements. He noted that both West Babcock Street and Durston Road provide an important link for a primarily residential area. He asked how far the City is from declaring a moratorium on further development until those roads are improved, noting that the City keeps drawing a line in the sand and then erasing it. Planning Director Epple responded that, without improvements to West Babcock Street and Durston Road, he anticipates staff will recommend a moratorium within a year. Acting City Manager Miral Gamradt encouraged the Commissioners to ask themselves if they would be willing to tax the residents of the community for each of these improvements. He noted that if the answer is yes, then impact fees could be used; if the answer is no, he suggested that impact fees not be used. As a result of discussion, four of the Commissioners identified West Babcock Street as the higher priority and indicated a willingness to use impact fees for those road improvements; three of the Commissioners indicated a willingness to use impact fees for Durston Road. Director of Public Service Arkell indicated she will approach the County about joint SID/RIDs for these street projects. She then noted that, if they choose not to participate, the City could create a payback district that includes those properties; and that payback could be triggered by annexation. She concluded by indicating that the West Babcock Street project will be the first to move forward. 07 -26-04 - 10 - Work session - discussion re revision Drocess for the Unified DeveloDment Ordinance Planning Director Andy Epple distributed a document prepared by Planning staff and the sub- committee of the City Planning Board. He stated that, during the seven months that the unified development ordinance has been in effect, staff, members of advisory bodies and applicants have identified some provisions that need modification. He noted that this document defines the process by which members of the public could propose possible changes to the unified development ordinance and provides a form on which that input can be provided. He indicated that this form can be made available on line as well as in the office. The Planning Director noted that, under this proposal, once the deadline for proposed revisions has passed, staff can batch the proposals sequentially by the sections affected and submit them to the applicable advisory bodies for review and a recommendation of whether to include in the initial revisions, hold for a later round of revisions, or not consider. That information will then be submitted to the Commission for its consideration and direction, and the revision process will begin. He stressed that this will be a multi-month process that provides an opportunity for public participation in an organized manner. Commissioner Krauss suggested that people be given a month to six weeks to submit proposed revisions. Responding to Mayor Cetraro, Planning Director Epple confirmed that staff has identified some provisions that need revising. He suggested that, rather than having staff prepare proposals for each of those provisions, staff could monitor the proposals and then add suggestions for only those areas not identified by others. Commissioner Youngman voiced her concern about a 30 to 45-day timeframe for submittal of proposals, particularly since the developers have had a seven-month head start to identify their issues and can complete the forms quickly. She cautioned that this could put members of the public on uneven footing with the development community, which she views as inappropriate. Responding to questions from Commissioner Youngman, Planning Director Epple stated that, if an advisory body identifies an alternative solution for a proposed revision, that information can be added to the form prior to its submittal to the Commission for consideration. This will give the Commissioners an opportunity to review the original proposal as well as the suggested alternative. Commissioner Krauss noted that not just developers have had an opportunity to identify areas of the code that need revision. He identified members of the Recreation and Parks Advisory Board and land use attorneys as others who have found areas that need modification. He then stressed that it is not possible to equalize the input, and stressed that the input from those who have used the document should possibly be given more weight than the input from those who haven't read or used the document. He characterized this as an iterative process, not a starting over. He then expressed his interest in completing this initial revision process prior to the end of the fiscal year since monies have been included in the budget to do so. He further noted that the Planning Board and Zoning Commission have committed to regular joint meetings to work through the submissions. Commissioner Kirchhoff noted that everyone should have an equal opportunity to provide input, noting a largely unknown group has been meeting regularly to discuss the shortcomings of the unified development ordinance. He then cautioned there will be partisan discussion and fighting over the unified development ordinance and revisions to the document. He voiced concern that some of the proposed revisions will not be constructive and in the spirit of "let's make it better", but will be submitted from the perspective of "let's get rid of what we don't like". Responding to Mayor Cetraro, Acting City Attorney Tim Cooper cautioned that, in light of the fact that a proposed process and timeline have been submitted during this discussion, any action should be delayed for one week and then taken under an advertised agenda item. He noted that the process as proposed keeps it a purely legislative approach, and encouraged the Commission to protect that process by acting on it after providing appropriate notice and opportunity for comment. 07 -26-04 -------------...--- - -- ---- ----- - 11 - Appointments to (a) CDBG Economic Development Loan Review Committee. (b) Historic Preservation Advisory Board and (c) Zoning Commission Included in the Commissioners' packets was a memo from Deputy Clerk of the Commission Karen DeLathower, dated July 22, forwarding information on these appointments. Community Development Block Grant Economic Development Loan Review Committee. It was moved by Commissioner Kirchhoff, seconded by Commissioner Youngman, that Tracy Blain be appointed to replace Thomas Wells as the HRDC representative on the CDBG Economic Development Loan Review Committee, with a two-year term to expire on June 30, 2006. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Youngman, Commissioner Krauss, Commissioner Hietala and Mayor Cetraro; those voting No, none. Historic Preservation Advisory Board. It was moved by Commissioner Kirchhoff, seconded by Commissioner Krauss, that Dede Taylor be moved to a neighborhood representative position on the Historic Preservation Advisory Board. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Krauss, Commissioner Youngman, Commissioner Hietala and Mayor Cetraro; those voting No, none. Zoning Commission. Commissioner Krauss voiced concern about appointing a current member of the City Planning Board to the Zoning Commission and asked that this appointment be delayed; the Commissioners concurred. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1 ) Copy of an ordinance adopting the current edition of the Uniform Fire Code, to be considered at next week's Commission meeting. (2) Copies of letters from Kerin & Associates, Inc., dated July 16 and July 20, providing updates on the realignment of Ice Pond Road. (3) Copy of a letter from Director of Public Service Debbie Arkell to the Medical Arts Center, dated July 16, indicating staff cannot support a mid-block crosswalk from the parking lot to the building. (4) Copy of a letter from Director of Public Service Debbie Arkell to the School District announcing staff's decision to restrict parking on the east side of North 15th Avenue between Ruth Thiebault Way and the first approach to the new parking lot but to not install four-way stop signs at the intersection. (5) Copy of a letter from Director of Public Service Debbie Arkell to Tristar Digital Communications indicated that, until the City has a master plan for development of the Mandeville Farm, it cannot allow the installation of a communication tower on the property. (6) Copy of a memo from Director of Public Service Debbie Arkell to Sign Foreman Robbins regarding installation of stop signs and parking restrictions at various intersections. (7) Letter from the US Department of Transportation providing information on the Beartooth Highway reconstruction project. (8) Letter from the Community Affordable Housing Advisory Board (CAHAB), dated July 22, providing information on the expenditure of monies to date and aSking for a work session to discuss funding in upcoming years. Ms. Caren Roberty highlighted the contents of the letter, noting that the affordable housing program has generated $6 million in projects from the City's $200,000 contribution. She noted that when the affordable housing strategies were adopted, it was recognized the City's $200,000 annual commitment could be easily funded while big box monies were available but would be much more difficult when those monies were no longer available. She asked that the Commission consider a work session with the Board to discuss this issue, and suggested that it may be preferable to wait until after revisions to the unified 07 -26-04 -..-------..---- . -..--. ...--.-..---..-------. - 12 - development ordinance have been at least initially considered. She then reminded the Commission that the CAHAB spent two years working on the provisions pertaining to affordable housing in that document and that they reflect the best practices across the country. The Commissioners agreed that a work session should be scheduled with the Community Affordable Housing Advisory Board as soon as possible. (9) Letter from Chad Groth, dated July 22, forwarding pictures of the Bogert bandshell and the tennis courts at Southside Park, both of which are in significant states of disrepair. (10) Flyer announcing the downtown Bozeman parking structure planning session scheduled for 7:00 p.m. on Wednesday, July 28, at the Emerson Cultural Center. (11 ) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, July 27, at the Courthouse. (12) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, July 27, at the Professional Building. (13) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, July 27, at the Professional Building. (14) Planning Director Andy Epple posted the latest revised master plan for the West Winds Planned Unit Development, dated July 26, and sought Commissioner comment on it. He identified the applicant's efforts to address the Commissioners' requirement for a more grid-like street system, and stressed that approval of the master plan also results in approval of the overall street layout and utility layout for the development. If the Commission indicates general support for this master plan, the Engineering Department will proceed with review of the plans and specifications for infrastructure so the applicant can begin the installation of improvements for Phase I. He then indicated that the PUD guidelines will discuss the southwestern corner of the property, noting that the default gridded street network will be in place unless another detailed development proposal for a more campus-like environment is submitted to and approved by the Commission. Three of the Commissioners indicated a willingness to support the new revised master plan for the West Winds project. (15) Planning Director Epple noted that staff is experimenting with a couple types of vicinity maps, and aerial photos were used for the petitions for annexation that were on the consent agenda. He asked for Commissioner feedback on the new formats. (16) Director of Public Service Debbie Arkell showed the Commission a piece of the telephone cable that was cut near the Law and Justice Center last week. (17) Director of Public Service Arkell showed the Commission a copy of the site plan for the solid waste transfer station, noting that the annexation, zoning and site plan review will be listed on an upcoming agenda. She noted that the site plan covers ten to twelve acres of the 84-acre parcel and stated the consultant recommends a pre-fabricated building be used. She noted that the building is to be 180 feet by 200 feet, and will require some berming and some building features to break up those long spans. Commissioner Kirchhoff requested that three dimensional visuals be provided, reflecting the topography of the site and the features of the structure, to assist during the review process. (18) Commissioner Krauss noted the Commissioners have received flyers from Historic Preservation Planner Allyson Bristor for a workshop to be held in Livingston on September 8 regarding the re-use of historic buildings and voiced his interest in attending. The Commissioners concurred, noting the City should pay the registration costs for his attendance. (19) Mayor Cetraro announced that he toured the watershed last week and found that, in reality, the City may be a year or two ahead of the Department of Fish, Wildlife and Parks and the Forest Service in protecting the watershed. He noted that, during the tour, representatives of the various agencies 07 -26-04 .---- - 13 - indicated that thinning of the forest can be done in an attractive manner that could almost pay for itself, similar to the process followed fifty years ago. He then stressed that this is an issue that should be considered, noting that thinning can best be done in either the spring or the fall. He indicated that Director of Public Service Debbie Arkell will serve as the City's contact on this issue. Director of Public Service Arkell indicated that she will meet with Jose Castro, Forest Service, tomorrow. She noted that additional information regarding the watershed will be provided at an upcoming Commission meeting. Adiournment - 10:07 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Krauss, seconded by Commissioner Kirchhoff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye bein mmissioner Krauss, Commissioner Kirchhoff, Commissioner Hietala, Commissioner Youngman n or Cetraro; those voting No, none. - AND ATTEST: (jjfJ~ K N L. SULLIVAN Clerk of the Commission 07 -26-04 ______n________________