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HomeMy WebLinkAbout2000-02-14 Minutes, City Commission, work -.---....-.--. .--- . MINUTES OF THE SPECIAL MEETING/AGENDA MEETING/WORK SESSION OF THE CITY COMMISSION BOZEMAN, MONTANA February 14, 2000 ***************************** . The Commission of the City of Bozeman met in agenda meeting and work session in the Commission Room, Municipal Building, on Monday, February 14, 2000, at 3:00 p.m. Present were Mayor Youngman, Commissioner Brown, Commissioner Frost, Commissioner Smiley, City Manager Johnson, Assistant City Manager Brey, City Attorney luwe, and Deputy Clerk of the Commission Murphy. Commissioner Kirchhoff was absent. The meeting was opened with the roll call, Pledge of Allegiance, and a moment of silence. Authorize absence of Commissioner Kirchhoff from this meetina in compliance with Section 7-3-4322(2). M.C.A. It was moved by Commissioner Brown, seconded by Commissioner Frost, that the absence of Commissioner Kirchhoff from this meeting be authorized in compliance with Section 7-3-4322(2), M.C.A. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No, none. Sianina of Notice of Special Meeting . Each Commissioner, in turn, signed the Notice of Special Meeting. Joint Citv-Countv appointment to Board of Health Previously distributed to the Commissioners was a letter from the Gallatin City-County Health Department, dated January 20, 2000, forwarding the Board's recommendation for the joint appointment. Mayor Youngman reported that she had checked Mr. Cechovic's references and found them to be in good order. It was moved by Commissioner Brown, seconded by Commissioner Smiley, that Mark Cechovic be appointed to the joint City-County position on the Board of Health, with a three~ year term to expire on January 6, 2003. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Smiley, Commissioner Frost, and Mayor Youngman; those voting No, none. Presentation of arant application to the Montana Board of Crime Control for general operations support for the Gallatin County/Citv of Bozeman Victim Witness Assistance Proaram . Included in the Commissioners' packets was a copy of the grant application to the Montana Board of Crime Control for the Gallatin County/City of Bozeman Victim Witness Assistance Program. Gloria Edwards, Victim Witness Program Director, presented a brief overview of the grant application they have prepared. This is the seventh year for the Victim Witness Assistance Program; and this year they served more clients than ever before, 409 in Gallatin County. She also expressed appreciation for the City's support. 02-14-2000 --- -...- .-- .-.... ..- ----.------.-.. _.__ _____n._ _ ._ --- -.--..-- ....----.--- - 2 - Commissioner Brown commended her for working in such a limited workspace and still being effective. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the grant application be approved and the Mayor be authorized to sign a letter of support. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Brown and Mayor Youngman; those voting No, none. . Aaenda Meetinq - for regular meetina and Dublic hearings to be held on Tuesdav. Februarv 22. 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. (5) Mayor Youngman noted there appears to be some confusion as to where this meeting is going to be held. She asked if the Commissioners felt the meeting should be moved. As the result of discussion, a majority of the Commissioners concurred that the meeting should be moved to a larger facility; however, this item should remain on the afternoon agenda because of the items on the evening session for which notice was previously published. (13) Historic Preservation Officer Strahn reviewed the Adams' property project and stated staff is supportive of this application. He noted that staff's main concern was not the deviation requests; rather, the actual proposal for the building itself. He indicated that, as a result of lengthy discussions between staff and the applicant, the applicant has gone back to his original request for a guest house rather than a full-fledged dwelling unit; and staff supports that decision. . (14) Assistant Planner Berger reviewed the request for variances brought forth by the Bozeman Inn. Staff is recommending conditional approval; the applicant has indicated that if the variances are not granted, the property will remain in its present state. (15) Assistant Planner Berger reviewed this application for a Conditional Use Permit (CUP) by the Bozeman Inn. Staff and the Design Review Board have reviewed this application against the CUP criteria and recommend approval with a number of conditions. One of those conditions is that the espresso stand currently in the parking lot be removed. Commissioner Brown asked if this building were being constructed now, how large a sign would be allowed; Assistant Planner Berger responded that the existing free-standing sign was approved by the Board of Adjustment through a variance. The present sign greatly exceeds the code requirements; a new free~standing sign would be limited to a height of 13 feet and 32 square feet in size. Ms. Berger stated the sign is not included in the review of this application because of the previous variance. Commissioner Smiley asked why the espresso stand needs to be removed; Assistant Planner Berger replied the traffic circulation on the site will be much different after the proposed changes, and the removal of that stand would allow an opportunity to see how the traffic flows. She also noted the stand owner has the opportunity to apply for a temporary use permit to allow her to re-establish her business on a different site. Commissioner Frost again questioned the sign; City Attorney Luwe stated he will direct staff to look at this issue prior to next week's meeting. Commissioner Frost also questioned the proposed lighting as well as the refuse container placement. Assistant Planner Berger replied . those issues will come forth during the variance process. (16) Senior Planner Skelton reviewed the parking lot proposal, noting that the Commission is seeing this application only because deviations are involved. He reminded the Commission that a similar application was denied in 1998 because of issues involving the existing mature elms, one of which is requiring a deviation to reduce the drive aisle width from 24 feet to 22 feet. The Administrative Design Review staff is recommending approval; the Historic Preservation Advisory Board was unable to forward a recommendation; and the Design Review Board was also unable to forward a recommendation. Senior Planner Skelton reminded the Commission that both the 1995 and 1998 Downtown Bozeman Improvement plans set 02-14-2000 ..... -.- ..n...__ n....__ - --.- ........ --- -.. ....-...-.- - 3 - goals and policies to provide for additional parking spaces. Commissioner Frost asked several questions regarding the proposed lighting since there isn't any shown on the drawing. Senior Planner Skelton replied that issue has been addressed with the applicant, and he will answer those questions during his presentation. Commissioner Smiley noted that the Commission has "been living with this parking lot question for two years". Assistant City Manager Brey stated Senior Planner Skelton has summed up the issues very well; one of the arguments relates to the question of need for additional downtown parking. Cash-in-lieu of parking has been accrued for approximately 120 . parking spaces to address the downtown parking deficiency; the City must now determine what to do with that money during its decision-making process. Commissioner Brown asked about the relative size area necessary for a parking garage as compared to this proposed parking lot. Senior Planner Skelton replied that the City would need to acquire the lot directly north or south of this proposed site, and a prior attempt to acquire the southern lot was denied. Work Session - (A) Discussion re West Babcock Street; (B) Discussion re living waae ordinance DroDosal; (C) Discussion/direction re zone code amendment on smart arowth Dolicies Included in the Commissioners' packets was a note from Commissioner Kirchhoff forwarding his thoughts on each of these work session items. (A) Discussion re West Babcock Street Included in the Commissioners' packets was a memo from City Manager Johnson, dated December 9, forwarding alternatives and questions to be answered. Responding to Commissioner Frost, City Manager Johnson replied it would take six to eight months to start the condemnation process through the court. The City would get an appraisal early on; and if the appraisal is legitimate, the final costs should be close to the . appraisal. He suggested the City should have the property appraised now; pay a premium on the appraised value, which would benefit the property owners as well as the City, and avoid going through the condemnation process. Commissioner Frost stated he is in favor of improving the street, as well as creating a safe pedestrian/bicycle access, using the best method possible; but he is not in favor of putting these costs onto City residents. Commissioner Brown asked if CTEP money could be used to pay the landowners. City Engineer Brawner answered CTEP money could be used in part for some of the design costs, specifically for the pedestrian/bicycle project, but only for those portions of the roadway. City Manager Johnson stated his point is "your perennial discussion is coming up, and it's time to make a decision". While he sees some specific roles for the County, if they are not going to follow through on those, the City needs to make a decision. Mayor Youngman noted that in the letter recently received from the property owners, their requests are basically the same as before, just restated. All costs identified are costs to the City. The Commission needs to pin the County down as to what costs they are going to pay. The Mayor noted the City should have an answer for the landowners regarding the waiving of impact fees. City Attorney Luwe responded that he has been consistent on this matter; the City cannot waive impact fees. Money can be taken from the General Fund or . another source to pay them, but impact fees cannot be waived. The trigger point for impact fees depends on the type of impact fee involved. The Commissioners agreed to move ahead with the appraisal process. Mayor Youngman will send a letter to the County Commission stating the City's position now, and what it is willing to do in the future, regarding the improvement of West Babcock Street. 02-14-2000 ---.--- ._____.... ..._... _._. ._..._..n.__.__n__.__ .._._ ._... ____.___........n_. ..__. ._.n ."".,__'_ . --~~. ---_.,-- . - ,. - 4 - (8) Discussion re living wage ordinance proposal Included in the Commissioners' packets was a listing of the organizations and businesses that have received tax abatements, grants, loans or support from the City. City Manager Johnson explained that, when gathering the information requested from staff , Personnel Director Pattie Berg counted physical bodies and he counted full-time equivalents; and that accounts for the differences in how many people will be affected by a living wage ordinance. He noted that, in some instances, the City provides government money . in the form of a contract, but what that contract turns into at the other end could be entirely different. Also, in some cases the City makes loans and in others, it does subsidies. He noted that the Commission needs to decide how far it wants the City to go, and how they want to proceed next. Mayor Youngman suggested that input should be received from the organizations involved before a possible ordinance is drafted. Commissioner Smiley suggested a time-limited task force would be a good idea. She would like to see the City set an example, and she is embarrassed that Montana is at the bottom of the income level in this country and is a difficult place to live for those under the $20,000 income level. She crunched some numbers and at $7.00 per hour, with any number of children, it is absolutely impossible to exist. In ten years, salaries have gone up from $5.50 an hour to $7.00 an hour, but rents have tripled. Mayor Youngman asked if the Commission needs to provide direction before the City Manager meets with the bargaining units in March. Commissioner Frost stated he is not willing to go forward with this issue until he knows what the bargaining units want to do. City Manager Johnson suggested the Commission could indicate a willingness to increase salaries to the minimum $9.00 per hour, but it is not willing to approve a 25 percent increase across the board. He reminded the Commissioners that ultimately they have to support whatever he comes back with. Commissioner Smiley wondered if a phased-in approach would be more useful, so it wouldn't have such a huge impact on the City's budget. She also asked if all the Commissioners are in agreement that they want this to apply to City employees only. . Commissioner Frost replied he is breaking this issue down between public and private entities who receive assistance. He feels the Commission shouldn't put this burden on the public entities; but the private entities need to give back to the City since they are receiving money to improve their businesses by making sure their employees are receiving a living wage. Commissioner Brown pointed out that in the listing of cities that have livable wage ordinances, several are below the $9.00 per hour figure, Los Angeles and Chicago in particular; and he noted it seems illogical to expect the City to pay a seasonal employee $9.00 per hour. The Commissioners agreed that before they can make a decision, they need to gather as much information as possible. Christina Boyle, Executive Director of the Gallatin Development Corporation, told the Commission she has gone back to nine previous recipients of revolving loan funds to gather information. Of those nine, seven would be affected by paying $9.02 or $9.80 per hour, one would not, and one wasn't sure. Concerns voiced regarding an ordinance of this type include restricting the flexibility they need, particularly when hiring new employees; and questioned whether it would impact temporary employees, employment agency hires or contracts. She noted a technology company indicated they hire at a higher wage, while a pharmaceutical company said this would really affect them. She concluded by stating that businesses are primarily concerned about part-time employees and seasonal employees, and they want an opportunity to review any draft ordinance being considered by the Commission. . (C) Discussion/direction re zone code amendment on smart growth policies At Mayor Youngman's request, Associate Planner Saunders led the Commission through each of the questions he had submitted. Regarding yard setbacks, the Associate Planner stated the Planning staff is considering a 5-foot reduction in front yard setbacks, except in the fiRS" zones, and a 3~foot setback in side yard setbacks. The Associate Planner stated staff is unsure which option they should follow regarding garage setbacks, noting one option is a performance standard which gives developers a variety 02-14-2000 - 5 - of ways to achieve those requirements. Mayor Youngman stated both she and Commissioner Kirchhoff prefer, whenever possible, to offer options and rewards for design flexibility; and good, clear performance standards would be preferable. Commissioner Frost added that he believes garage placement should be mixed, but should never obscure the house itself. Commissioner Brown stated he appreciates Commissioner Frost's suggestions, but he doesn't see how affordable housing can be produced with a garage setback requirement, particularly since they often involve more frontage than the typical lot provides. Commissioner Frost stated that, with an alley, a homeowner can have a two-car garage set back on a small lot. He also stated back yards should always be larger than front yards because front yards aren't typically . used like back yards are. Associate Planner Saunders said Planning staff will look at the community character; some neighborhoods are standard, while others aren't. Mayor Youngman noted, obviously after the Master Plan is completed, all of these issues will be revisited; the Commission is looking for the easiest, simplest direction to gain the desired results. She noted that some major developers are now talking about subdivisions with alleys because they know the City is thinking of doing this. Commissioner Frost added that smart growth ideas won't work with alley development; smaller front yards and larger back yards for a garage are the keys. Associate Planner Saunders forwarded his last question, cautioning that the proposed zoning changes will affect all lots existing at the time of approval; and it may be necessary to include some grandfathering provisions that are not usually included. Commissioner Frost stated all, if Bozeman is to have affordable housing, the lots and the houses need to be smaller. Associate Planner Saunders pointed out that if the Commission wishes to enact a temporary ordinance, it will take three months to process it; and that is not enough time to revisit all the provisions the way they need to be. As currently proposed, everything will remain the same; and smaller lot sizes can be provided under "R-3" zoning. Associate Planner Saunders pointed out that there is a fairly lengthy review process for new subdivisions; and developers may decide to wait a year instead of starting new developments now. . Associate Planner Saunders noted the home occupation issue seems to be adequately addressed under the conditional use process. Currently the home occupation has to be subordinate and incidental and cannot be in an area above the garage; and the CUP process allows the City to look at the hours of operation and to get input from the neighbors. Associate Planner Saunders continued, with several questions regarding the Planned Unit Development (PUD) process. He forwarded those questions, which pertain to the types of projects that should be subjected to the PUD process, parklands, and possible exemptions from the PUD process. Mayor Youngman replied the primary concern is providing qualitative review, noting the City needs to make further changes to encourage the kind of growth it would like to have happen in the community. Associate Planner Saunders forwarded staff's suggestion of a "quick fix" under which all general requirements of the current zone code be made binding, with the provision that the Commission may relax those standards through the deviation process. He noted this would reduce staff's efforts to reinvent the wheel, and would make the process more predictable. Mayor Youngman asked that staff continue to pursue ways to get nine percent of parkland through the PUDs, rather than just open spaces that don't benefit the entire community. . The Associate Planner pointed out that 95 percent of what's proposed in PUDs is what is required by ordinances. Commissioner Frost added that the City needs the zone code and its requirements, but they need to make it simpler and with choices. Associate Planner Saunders said they need the opportunity to solicit public comment, to determine their preferences. Commissioner Frost noted that, the wider the street, the faster the traffic flows; and narrower street standards prohibit driving fast. Mr. Saunders agreed there are plenty of issues that need to be reviewed. He added this is only an interim ordinance, so staff is trying to 02-14-2000 ---- ---..... --- ------...--- . -. - - 6 - simplify the process, recognizing that it will not include what the Commission ultimately hopes to see in the final ordinance. He feels it would be better to draft an initial ordinance, then go back and make the zoning ordinance conform to the 2020 master plan. Associate Planner Saunders stated the public has repeatedly expressed the need for an inventory and assessment of each park, and an evaluation of what it needs to function best. However, this is time consuming; and, while he acknowledges the need for the inventory, it cannot be done within the timeframe for this ordinance. Mayor Youngman stated she is willing to wait on the park protection standards for the 2020 master plan. She is concerned there are . some very large, very unacceptable developments coming through the process; and she is concerned they aren't going to meet the standards the public wants for this community. Associate Planner Saunders added the City has limited control over covenants, but the PUD process has a provision for covenants to provide for open space. Commissioner Frost asked about narrower street widths. Associate Planner Saunders replied that emergency service personnel need a minimum of 20 feet clear to service the needs of the community. Also, the City has invested in automated garbage collection trucks, and no one has any idea what street width is required for them to function. He noted another issue is how many feet are required to put both water and sewer lines down a street or alley. There are certain separation requirements between the lines mandated by the State because of sanitation issues. He stressed there is a very big list of considerations that need to be addressed. Associate Planner Saunders suggested that, rather than Planning staff identifying the desired outcomes, they should allow the developers and residents to decide whether they are willing to make certain choices. He noted one of the trade-offs may be to pay for manual garbage collection in conjunction with a narrower street standard. Associate Planner Saunders asked if Planning staff is headed in the right direction. Commissioner Smiley voiced her preference that nothing be mandatory; rather, that everything be a choice. Commissioner Frost stated that some things do need to be mandatory, but there . needs to be a great deal of flexibility, noting that towns which are designed around aesthetics are much more livable than cities that are engineered. Mayor Youngman replied Planning staff has known for some time the outcomes that the Commission wants during this interim period; and developers and builders need to be encouraged to be flexible. Commissioner Frost said Planning staff needs to move ahead, based on the Commission's direction. Mr. Saunders stated staff would also like to make two housekeeping changes, making the non-conforming use and landscaping provisions their own sections. Also, a change in the definition of who is eligible to occupy a single-family unit is also being considered, since concerns have been raised regarding the current definition. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1 ) Copy of a letter from Historic Preservation Officer Strahn to Terri Sullivan regarding her failure to attend Historic Preservation Advisory Board meetings. (2) Copy of a letter from Glenn H. Lehrer, Professor in the Department of Civil Engineering at MSU, to Senior Planner Skelton, dated February 2, thanking him for his recent presentation to the graduating seniors. . (3) Copy of a letter to the editor from Jeannine Newville regarding the City's great garbage collection service. (4) Letter from the Gallatin County Treatment Court, dated February 8, forwarding the First Quarter Progress Report. (5) Letter from the Montana Department of Transportation, dated February 7, listing the CTEP sub-allocations for Fiscal Year 2000. 02-14-2000 ________..______ __. .._ ...____._ _n_....____..._ ..._._.._. ._.. .._ _. ___ . -- ..--..-- . __n _ __..__ .__ . _u _.nn_ _ ..___.__..___ _.. .. -..-....- - 7 - (6) Letter from Don Bockhahn, dated February 7, regarding the Cupola project site. (7) Letter from Chandler Dayton, dated February 10, regarding the Cupola project. (8) Newsletter from Headwaters Recycling announcing that the next meeting is to be held at 10:00 a.m. on February 23 in Bozeman. (9) Letter from the County Commission, dated February 1, announcing their recommendation that Lynn Rugheimer be appointed as the County's representative on the City . Planning Board. (10) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, February 15, at the Courthouse. (11 ) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, February 15, in the Commission Room. (12) Agenda for the City Planning Board meeting to be held at 7:00 p.m. on Tuesday, February 15, in the Commission Room. (13) Agenda for the Transportation Coordinating Committee meeting to be held at 10:00 a.m. on Thursday, February 17, in the Commission Room. (14) Mayor Youngman noted that Patti Hinds has agreed to serve onthe CIP citizen review panel. Bruce Raymond, Associate Professor in the College of Business, will also serve. The only remaining position is the New Hyalite neighborhood group; and that group would like to recommend a couple people to serve; Commissioner Smiley replied it would be nice to have someone from another neighborhood. Mayor Youngman assured her all other parts of town are represented. She also reminded the Commissioners that this is not a decision-making group, so she doesn't believe two representatives from the same area would pose a problem. . City Manager Johnson stated the panel will come to the evening session of the February 28th Commission meeting so Administrative Services Director Gamradt can show them how easy it is to change the document and how easy it is to read. They will come back together on March 21 st. ( 15) City Manager Johnson stated he is really hesitant to bring staff in on another Saturday to discuss goals and directions, and suggested March 8th as an alternative date. Commissioner Smiley expressed concern that she would be unable to attend a meeting during the week; the City Manager assured her the meeting will be set so all Commissioners can be in attendance. ( 16) City Manager Johnson stated the GIS person will be starting on February 21 st. A computer person was hired and will be starting on March 1, if not earlier. He announced that Assistant Manager Brey will be in charge until the City Manager returns on February 28th. City Attorney Luwe asked everyone to say hello to the new law secretary, Yolanda Pugesek. (17) Commissioner Smiley asked Clerk of the Commission Sullivan to find out how much it will cost to have the Commission packets delivered. . (18) Commissioner 8rown announced a recent County action to establish a magical line that separates the residential area from the commercial area in Bozeman. The County has . defined that line to be North 27th, extended to Valley Unit, and displaced 400 feet west because of the power lines behind Costco. He indicated that the school district has bought a piece of land larger than they needed for their bus barn, and the total package plan was to rezone the North 27th jog to B-1. The County Planning Board didn't support that, so the zoning changes were not adopted; but they will come up later. The north end of this area is lower than the City's sewage treatment plant directly across the interstate, which would be a problem if this were to be annexed into the City. Commissioner Brown also informed the 02-14-2000 - 8 - Commission that he did write a letter to the County Planner requesting all City Commission members and the City Manager be added to their mailing list. Mayor Youngman stated she had received a call from a citizen regarding a proposed RV park. She asked if the City was going to testify on this issue, or if an individual Commissioner, like Commissioner Brown, should step forward because of intense impacts for the City. Commissioner Brown replied that he didn't speak, but sitting there for five hours should . have sent some kind of a message. He thinks the decision on the rezoning is likely to be made on February 28th. He thinks the Commission needs more involvement in this process somehow, but he isn't sure how to accomplish that. Another technicality is that Bozeman School District No.7 has asked to have their property rezoned to M-1 . City Manager Johnson suggested that the City needs to dedicate someone to represent it when this type of issue is before the County. Commissioner Smiley volunteered to find out exactly what is happening. Mayor Youngman replied if she or Commissioner Brown could get the exact timetable of meetings, it would be helpful. Also if there are minutes, it would be helpful to get a copy. The City needs to write a letter regardless if someone can attend or not. Commissioner Smiley asked why the 12 statutory criteria were not addressed. Commissioner Brown replied that to be fair, they have some very good people on the Planning Board who are trying very hard; but he believes the County took jurisdiction of the donut area too quickly, and they were not prepared for that. He indicated he doesn't have a good feel for how they will vote on this. The Chair has changed because of a potential conflict of interest, since he is working for the architect involved in this project. (19) Mayor Youngman stated the Open Lands Board of the County is meeting tonight, and they are planning to do a survey of urban and rural residents regarding open spaces. She urged them to include a couple of questions on the survey about recreation and park needs because their list was basically devoted to agricultural land acquisition. Hopefully . they will add questions on park and open land acquisition as well. The County asked if the City would be willing to dedicate money toward allocation of land. Mayor Youngman told them her perception was probably not, due to all the money the City has already spent. Adjournment - 7:05 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Smiley, seconded by Commissioner Brown, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Brown, Commissioner Frost, and Mayor Youngman; those voting No, none. ~13ff- ATTEST: MARCIA B. YOUNGMAN, Mayor (Jj: 07 ~ . ROBIN L. SULLIVAN Clerk of the Commission PREPARED BY: ~ ~AA~ K REN L. MURPHY - Deputy Clerk of the Commissi 02-14-2000