Loading...
HomeMy WebLinkAbout2000-08-28 Minutes, City Commission - .. ---. - -... -.--.-- .--."..-.---..---.-.-.--.--- -.----- ---------.,., MINUTES OF THE AGENDA MEETING/WORK SESSION OF THE CITY COMMISSION . BOZEMAN, MONTANA August 28, 2000 ***************************** The Commission of the City of Bozeman met in agenda meeting and work session in the Commission Room, Municipal Building, on Monday, August 28. 2000, at 3:00 p.m. Present were Mayor Youngman, Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, City Manager Johnson, Assistant City Manager Brey, City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the call to order, Pledge of Allegiance and a moment of silence. Aaenda Meetina - for reaular meetina and Dublic hearinas to be held on Tuesday, SeDtember 5. 2000 Since this is an agenda meeting, only those issues requiring staff action are contained in the minutes. City Manager Johnson briefly reviewed the background information which was included in the Commissioners' packets. . (7 - Westlake-Martinen/WaIMart annexation) Staff Attorney Cooper stated that Mr. White has indicated he will be present at next week's meeting. He noted that a letter from Mr. White to City Attorney Luwe will be included in the packet. (17-19 . SID Nos. 666, 667 and 668) City Manager Johnson stated that these SIDs are for the purchase of street, water and sewer improvements constructed in the Valley West Annexation, and indicated that payback agreements for those properties outside city limits which will be benefit from these improvements will follow. Responding to Commissioner Frost, the City Manager confirmed that a majority of the property is currently undeveloped. He stated that under the recent changes in the SID policy, the value of any undeveloped land must be at least twice the cost of the SID; and any parcel not having that value must be guaranteed by the developer. (20 - Brown garage) Associate Planner John Sherman gave a brief overview of the project, noting a complete staff report will be included in next week's packet. (21 - 777 East Main project) Assistant Planner Karin Caroline gave a brief overview, identifying the requested deviations. Responding to Commissioner Frost, the Assistant Planner stated that this project is to provide . an extension of the tree plantings and lighting for the Marketplace development. She noted that, since concerns have been identified with the lack of weed block around the trees and since the lighting 08-28-2000 . -;.-'" - 2 - installed at the Marketplace does not meet code, those improvements must also be brought into compliance. . Responding to Commissioner Smiley, Assistant Planner Caroline stated that staff has taken steps to address the lack of bulbs in lighting details by requiring that the bulb size and type be shown on the plans; so the problems with non-compliant lighting fixtures should no longer exist. (22 - Holiday Inn sign) Associate Planner Sherman gave a brief overview of this application, stating staff does not believe it meets the criteria for a variance. He noted that this application is in conjunction with the site improvements currently being undertaken; and staff has indicated a willingness to work with the applicant to get the maximum amount of signage allowed in an entryway corridor. Responding to Commissioner Frost, the Associate Planner stated it may be possible to require that the applicant bring existing non-conforming lighting into compliance prior to issuance of the Certificate of Occupancy. (23 . Salvation Army day care) Associate Planner John Sherman gave a brief overview of this CUP application, noting that the day care is currently operating under a temporary use permit. He highlighted some of the recommended conditions of approval, noting that one of them requires documentation from the State that the problem it has identified has been resolved. Commissioner Frost stated that at least one more street tree is needed on the east end of the site; and the lighting needs to be addressed to ensure it complies with the code. . Work Session - (A) Presentation of Bozeman Area MarketinQ Plan for 2000/2001 - David Smith, Bozeman Area Chamber of Commerce: (B) Attendance at Montana leaQue of Cities and Towns Convention: and IC) Discussion re meetina format (A) Presentation of Bozeman Area Marketing Plan for 2000/2001 . David Smith, Bozeman Area Chamber of Commerce Included in the Commissioners' packets was information on the Bozeman Area Marketing Plan for 2000/2001, as submitted by the Chamber of Commerce. Mr. David Smith, Executive Director of the Bozeman Area Chamber of Commerce, distributed additional information on the "bed tax" and on the Chamber's Convention and Visitors' Bureau. He noted that in 1987, the State Legislature passed a 4-percent tax on accommodations, commonly referred to as the "bed tax". That source of revenue generates $10 million annually and, based on a formula for distribution, Bozeman receives 12 percent of the revenues collected in Bozeman, or approximately $65,000. The Yellowstone Country region collects approximately $550,000 a year in accommodations taxes; and Travel Montana, the State's promotional arm, receives 2/3 of the revenues generated. Mr. Smith stressed the importance of recognizing the economic benefit from tourists to the area, estimating the direct benefit at $80 million for 1999. He concluded his presentation by . introducing Rene Cassidy, Convention and Visitors' Bureau Director, noting that she started the Whitehall Chamber of Commerce prior to coming to Bozeman. 08-28-2000 "'\~ - 3 - Ms. Rene Cassidy reviewed the Convention and Visitors' Bureau (CVB) marketing strategy, . noting that Travel Montana sends them leads; and they send out direct mailings to those leads. She stated the CVB's emphasis for the upcoming year is to promote conventions, particularly in light of the convention facilities currently available at Big Sky. Mr. David Smith noted that the Chamber had previously used "a shotgun approach", and it is now beginning the second step of a two-step approach to promote conventions in Bozeman. He noted that they are already starting to see responses from convention leads, stating that many conventions are planned two to four years in advance. Mr. Smith noted that Bozeman's downtown is an important part of the community; and stressed the importance of recognizing that, without tourism, it would probably have a very different appearance. He also indicated that Bozeman, with its $65,000 annual revenues for the CVB, is competing with cities like Boise and Rapid City, with annual budgets over $1 million. Responding to Commissioner Brown, Mr. Smith confirmed that the lack of large convention facilities is crippling Bozeman as it tries to compete for conventions. He recognized that, to compete with other communities, a multi-million-dollar investment must be made. City Manager Johnson noted that a 1-percent local option tax on tourism would generate approximately $800,000 annually, which could be used to help retire debt on a large facility, like a performing arts center or a convention center. Mr. Smith stated the Chamber's position is that a large percentage of any local option tax be used to reduce property taxes. He noted that, in Whitefish, the resort tax has been used to grant a . 25-percent reduction in property taxes; and that fact is printed on the property tax bills. Responding to Mayor Youngman, Mr. Smith stated the seven largest Chambers across the State are in favor of allowing cities or counties to assess local option taxes, with each Chamber having its own position on how those monies should be used. The Commission thanked Mr. Smith and Ms. Cassidy for their presentation. (8) Attendance at Montana League of Cities and Towns Convention Mayor Youngman noted the Convention is being held in Missoula on October 11 through 13. She indicated that she will be attending, as well as several staff members. Commissioner Brown stated he may also be interested in attending. (C) Discussion re meeting format City Manager Johnson noted that Mayor Youngman had previously written a memo to the Commission, dated July 25, in an effort to expedite the meetings. Mayor Youngman noted that her memo contains five recommendations for changes in the manner in which Commission meetings are conducted. She suggested that the Commissioners consider them one at a time. . 08-28-2000 . - 4 - 1. Rescheduling of hearings when a Commissioner is out of town. . Mayor Youngman noted that, in the past, when a Commissioner was out of town during a hearing on a project of particular interest, the Commission would reschedule the hearing. She stated this practice was never part of the rules of procedure, and suggested that it be re-implemented and included in the rules. A majority of the Commissioners concurred, stressing the importance of ensuring that this provision is not abused. 2. Eliminate the agenda meetings; continue work sessions every other week; reinstate one-week waiting period between public hearings and decisions. Mayor Youngman characterized the agenda meetings as a waste of staff time. She suggested that, even though the agenda meeting is eliminated, the Commissioners should continue to receive packet materials on the same timeline as they currently do. She indicated that reinstating the one- week waiting period between public hearings and decisions would allow the Commission to make better decisions, particularly when a contentious public hearing runs until midnight. She suggested that, in those instances where the deadline for acting on an application hits prior to the next Commission meeting, the applicant could be asked for an extension. City Manager Johnson noted that this approach would model the legislative process, since the Commissioners would receive all of the input at one meeting and make its decision later. He stated that, during the public hearing, the Commissioners could ask their questions; and staff could respond during the next meeting. . Mayor Youngman noted that some decisions can be easily made and, in those instances, the one-week waiting period can be waived. She suggested the result may be faster decisions for some developers. Commissioner Frost noted the result of this change will be to hold public meetings every week; and the agenda meeting/work session format was implemented to alleviate some of the workload on staff. He stated that he does not like to receive information on Friday that needs to action by Monday, citing the City Manager's evaluation as an example. Commissioner Brown stated he would like to receive the packet information on Thursday, if possible. Mayor Youngman stated that, under the proposed format, questions would frequently be asked during the public hearing to which staff would be unable to respond immediately; however, she noted those answers, and possibly revised conditions, would be available during the upcoming week. She recognized the result will be to add business meetings to the second and fourth weeks of the month and suggested that, during particularly heavy public hearing schedules, a third evening session could be added each month. Commissioner Kirchhoff stated that he has found the agenda meetings to be beneficial at times. He noted, however, that the proposal to conduct the public hearing and then wait a week . before making a decision has similar merits, and would give him an opportunity to calmly review the facts before making a decision. 08-28-2000 ------ - 5 - Commissioner Smiley stated her support for dropping the agenda meeting but stated that she, . too, would like to have the packets by 5:00 p.m. on Thursday. She also stressed the importance of having as much information the week before as possible. Mayor Youngman noted that the work sessions will still be conducted the second and fourth weeks of the month. She also suggested that, even though the agenda meetings are to be eliminated, if a Commissioner has a question or concern, it can be raised, possibly under" FYI Items". Assistant City Manager Brey cautioned that, with business meetings being added on the second and fourth weeks of the month, staff will have a tendency to slide additional items onto the agenda, thus packing it with "rubber stamp approvals" that are new items to the Commission. Mayor Youngman responded by stating the meeting is to remain as narrow as possible, so the Commission doesn't lose its work sessions. Responding to questions from the Commission, City Attorney Luwe stated that other communities around the state conduct work sessions in a very informal format, where the elected officials have an opportunity to preview the upcoming meeting and get their initial questions answered. He noted that the process has not worked well in Bozeman because those meetings have been held in conjunction with work sessions; and attempts to hold the agenda meetings in the Conference Room did not work. Assistant City Manager Brey cautioned that, after a public hearing on quasi-judicial matters, if the Commission defers its decision, it must be careful to avoid inappropriate ex parte communication. He recognized this is not such a critical issue when the Commission is serving as the . legislative body, since it can then consider additional information. City Attorney Luwe noted that the Commission initially had a one-week waiting period for land use decisions, which they voted to waive; and if one person dissented, the waiting period was not waived. He stated that process was subsequently changed to automatically vote on a land use item at the conclusion of the public hearing unless one Commissioner asked to have the decision delayed. He noted either process has the same effect. He then stressed the importance of the Commission identifying the types of items for which the decisions are to be deferred, noting that he does not consider annexations as land use issues. Commissioner Kirchhoff stated he feels annexations should be viewed as land use items. As a result of this discussion, the Commissioners concurred that the Mayor's recommendations. 3. Be more consistent in stating why one is voting yes or no, particularly on land use decisions. Commissioner Frost noted the Commissioners have been good about citing their reasons for variances, but have become lax in the other processes. He then stated his concurrence with the Mayor's recommendation. . Mayor Youngman noted that the Board of Health has a laminated procedural sheet which the members can follow during specific reviews, and suggested that laminated sheets for the different processes could be beneficial; a majority of the Commissioners concurred. 08-28-2000 - 6 - Responding to Commissioner Frost, City Attorney Luwe stated that identifying a person with . standing is done in light of the zone code criteria. He then indicated it is difficult to specify who has standing; and he will address that issue at a later date. 4. a. Get more comfortable with suggesting changes to conditions, even though a major project may have already been subjected to numerous reviews by various advisory bodies. b. Initiate a post-mortem process. c. Hold work sessions with the Design Review Board and City Planning Board. Mayor Youngman suggested that the Commissioners not feel uncomfortable with making changes in recommended conditions when acting on a project, even if that project has been in the process for quite some time, particularly if those changes are based on concerns raised during the public hearing. Commissioner Kirchhoff expressed concern that if an application meets the code requirements, it is difficult to not approve it even if he does not feel it adequately addresses health, safety and welfare issues. Mayor Youngman stated the only way to address that concern is to impose a moratorium until zone code changes can be implemented to adequately address those concerns. She recognized that, without the desired standards in place, the Commission is "in danger of having to vote for projects that are not in the best interests of the community". . City Attorney Luwe confirmed that if a project meets the code factually and legally and complies with the Commission's rules, the Commission has no basis to not approve it. He indicated that the only way to address that concern is through adoption of an interim emergency ordinance. Mayor Youngman suggested that the Commission conduct a post-mortem on identified problems at its next meeting, to identify ways to better handle those problems in the future. She recognized that under that process, the Commission will have just approved a project that it didn't want to simply because it met current requirements. City Manager Johnson suggested that, upon approval of a project that met the code but with which the Commission was unhappy, the next motion should be to conduct a post-mortem review at the next Monday's work session; and the Commissioners should enter that meeting prepared to draft suggested code changes. City Attorney Luwe cautioned that some of those desired changes may be in a gray area that requires legal review prior to proceeding with the amendment. He noted that, depending on how they are written, some zone code amendments may impact projects that are already in the pipeline. Responding to concerns voiced by Commissioner Kirchhoff, Assistant City Manager Ron Brey noted that there are different criteria for different procedures. He stated the Commission can approve or deny an application, based on the criteria for that particular process and, under the threat of denial, the applicant may choose to address those concerns rather than accept denial. . Responding to questions from Commissioner Kirchhoff, Mayor Youngman voiced her support for displacement language in the zone code, identifying the standard that must be met when 08-28-2000 -...-.- - 7 - affordable housing is being removed in conjunction with a project. . City Manager Johnson stated that, if the Commission wishes to consider an interim emergency zoning ordinance regarding this issue, it must provide direction to staff; a majority of the Commissioners requested that an ordinance be drafted. The Commissioners also indicated support for meeting with the Design Review Board and the City Planning Board in upcoming work sessions. 5. Reinstate concept reviews, at least on an optional basis. Mayor Youngman stated that at the present time, the Commissioners are actually doing concept reviews outside the Commission meetings and without the benefit of hearing from each other. She recognized that the old system, which required concept reviews, did not prove valuable; however, she suggested that including the option for a concept review by the Commission could be beneficial. Assistant City Manager Brey cautioned that what is considered during concept plan review may not work exactly as anticipated once the engineering work and planning have been completed; and the result may be rearrangement of the project in a manner that was not envisioned during that concept review. He also cautioned that when the concept review was previously in place, it included a component that required meeting with the neighbors, to which developers objected as not being meaningful. Mayor Youngman stated that neighborhoods are of key concern to her, and suggested that steps be taken to ensure they are involved in the process. . The Assistant City Manager suggested that the neighbors could be included in the notice of concept review before the Commission. The Commissioners agreed with adding a provision for concept plan review, as an option. Responding to questions from the Commission, the City Manager indicated that these changes will become effective as soon as staff brings back the resolution amending the rules of procedure. Staff is to report back next week on the timeline for that adoption. The Commissioners suggested that the twelve principles of smart growth be laminated, so they are readily available during project reviews. Discussion ~ FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1 ) Letter dated August 15, signed by residents of the 300 block of North Third Avenue, voicing concern about and disapproval of the project at 316 North Third Avenue. . Commissioner Smiley noted that Mr. Nee took an exceptionally long time to complete the renovations on his own home, which resulted in complaints from his neighbors. She requested 08-28-2000 ..-..---. - 8 - additional information on this issue, particularly since it sounds like similar problems are occurring at this site. . (2) Copy of a letter from the Montana Department of Transportation, dated August 17, regarding construction projects on secondary and urban roads. (3) Copy of an article entitled Lack of landfill site leads county to technology that reduces 90% of solid waste, published in the August 2000 edition of the Farm Times, as submitted by Bob Paugh. Commissioner Frost noted that a short on NPR this morning was on a similar project in Michigan. Commissioner Kirchhoff characterized this system as a huge incinerator and cautioned that this is operated with a propane burner; and all fuel costs will be increasing in price. Commissioner Brown reminded the Commissioners that Livingston tried unsuccessfully to operate an incinerator. (4) Copy of a public service announcement that the City-owned properties in the Sourdough (Bozeman) Creek drainage and the Lyman Creek drainage are closed due to the extreme fire danger. (5) Memo from Clerk of the Commission Sullivan, dated August 25, forwarding the evaluation form for the City Manager. . (6) Reminder of the picture being taken this afternoon for the City calendar. (7) Minutes from the Cemetery Board meeting held on June 20, 2000. (8) Minutes for the 9-1-1 Administrative Board meeting held on June 28, 2000. (9) Memo from the Montana League of Cities and Towns, dated August 24, forwarding an updated agenda for the League Convention. (10) Announcement of the Greater Bozeman Area Transportation Plan open house, scheduled for 7:00 p.m. on Monday, September 11, at the Willson School gymnasium. (11 ) Agenda for the Development Review Committee meeting to be held on Tuesday, August 29, at the Professional Building. (12) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, August 29, at the Courthouse. (13) City Manager Johnson submitted the following. (1) Attended the teachers' orientation today, at which the drill team with shiny new City garbage containers was a highlight. He suggested that the City become an active partner in that event, possibly by sponsoring the coffee and . donuts. (2) Stated that Montana Power Company's announcement that it has sold its transmission and distribution exploration to a firm in Canada has no impact on the purchase that MEGA is pursuing. 08-28-2000 - 9 - (3) Announced that Temporary Planner Jami Morris has been hired to replace Therese Berger as an Assistant Planner. e (14) Assistant City Manager Brey submitted the following. (1) Noted that various parking issues were piling up on his desk when he returned from vacation. (2) Announced that Trudy Phippen, Parking Clerk, has accepted a position with the Department of Corrections in Helena. (3) Stated the Parking Commission will begin meeting in September. (15) Commissioner Frost stated there are more problems on South Third Avenue again, and suggested more officers are needed in that area. ( 16) Mayor Youngman stated she has received a request that the Commissioners participate in the upcoming March of Dimes fundraiser, and asked if any Commissioners would be willing to be "jailed" for an hour at the Gallatin Valley Mall. Commissioners Kirchhoff, Brown and Smiley indicated a willingness to participate, depending upon the date of the event. Break. 5:30 to 5:35 D.m. Mayor Youngman declared a break from 5:30 p.m. to 5:35 p.m., in accordance with Commission policy. Executive session re Dersonnel - evaluation of City ManaCler . City Manager Johnson stated he does not wish to waive his right to privacy, and requested that the Commission conduct his evaluation in executive session. At 5:35 p.m., Mayor Youngman announced that, pursuant to Section 2-3-203(3), Montana Code Annotated, the Montana Constitution and the Montana Supreme Court rulings, she, as presiding officer, has determined that the right to privacy clearly exceeds the merits of public disclosure. She then called an executive session for the purpose of evaluating the City Manager and requested that all persons except the Commissioners, City Manager, Assistant City Manager, Personnel Director and Clerk leave the room. At 7:25 p.m., Mayor Youngman closed the executive session and reconvened the open meeting. Adjournment - 7:25 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Brown, seconded by Commissioner Frost, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff and Mayor Youngman; those voting No, none. . 08-28-2000 ------------ - ------ ---. --- ___.. _ ___.. -,,- __. __ _~ ..._ m_ .. - 10 - . ~~ err--. MARCIA B. YOUNGMAN: Mayor ATTEST: ~su-L~ Clerk of the Commission . . 08-28-2000