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HomeMy WebLinkAbout1999-11-29 Minutes, City Commission ___ ._n_"'.__._n_. - --..-. -.. ..-.----.. ".-.-.- - --.--- ~ -. MINUTES OF THE AGENDA MEETING/WORK SESSION OF THE CITY COMMISSION BOZEMAN, MONTANA November 29, 1999 ***************************** . The Commission of the City of Bozeman met in agenda meeting and work session in the Commission Room, Municipal Building, on Monday, November 29, 1999, at 3:00 p.m. Present were Mayor Youngman, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Kirchhoff (arrived at 4:07 p.m.), City Manager Johnson, Assistant City Manager Brey, City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the roll call, Pledge of Allegiance and a moment of silence. Aaenda Meeting - for reaular meeting and DubUc hearings to be held on December 6. 1999 Since this is an agenda meeting, only a brief synopsis and 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. He noted that, since the agenda is relatively short, the entire meeting has been moved to the evening. (4) Historic Preservation Officer Derek Strahn gave a brief overview of this project, noting the proposed new front porch will extend no further into the front yard than the existing stoop, and will extend six inches into the corner side yard. He concluded by forwarding staff's . support for the proposed project. (5) Assistant Planner Therese Berger gave an overview of the project, noting that staff recommended approval subject to 24 conditions. She stated that, following its review of this application, the Planning Board revised some of the conditions and requested that the Planning staff seek input from the Engineering staff on certain items prior to the Commission's public hearing. She distributed a memo from Project Engineer Rick Hixson, dated November 24, in which he provided responses to those requests for clarification. At the Commission's request, the Assistant Planner briefly reviewed the changes proposed by the Planning Board and reviewed each of the Engineering staff's responses and recommendations regarding requests and proposals for revisions to the conditions. During discussion on proposed revisions to Condition Nos. 10 and 19, City Attorney Luwe suggested that Condition No. 10 be expanded to include references to specific improvements and that Condition No. 19 be deleted. Responding to Questions from Commissioner Frost, Commissioner Smiley stated that the Planning Board felt the requested revisions to Condition No. 17 were issues which need to be addressed by the Commission and, therefore, forwarded them for Commission consideration and action. . Further responding to Commissioner Frost, City Attorney Luwe stated the language in Condition No. 17 pertaining to an alternate financing method is standard language that has been used for several years. City Manager Johnson suggested that Condition No. 18 be amended by deleting the phrase "it is strongly recommended that". City Engineer Craig Brawner noted that all infrastructure improvements may be financially guaranteed prior to filing of the final plat. He noted, however, that acceptance of 11-29-99 '~<:"';;',1""", - 2 - infrastructure improvements may be required prior to issuance of any building permits, which could include the sidewalk along Baxter Lane. The Commissioners requested that the proposed changes to the conditions resulting from this discussion be included in next week's packet. (6) Mayor Youngman expressed concern about the proposed ordinance change which requires that a non-professional member practice professionally, own property or own a business within the city limits, suggesting that language may be too restrictive. . City Attorney Luwe suggested that, if the Commission wishes, it may revise the ordinance after accepting public comment and prior to adoption. (9) Superintendent of Facilities and Lands James Goehrung stated that, under the City's tree ordinance, only the City Forester establishes the value of a tree and only Commission may waive or reduce the fee for removal of that tree. (10) Mayor Youngman indicated she will talk to each Commissioner later this week about the numbers to be included in the ordinance. Work Session - (A) Presentation re SIDs/RIDs/BIDs: (B) UDdate re master Dlan uDdate Drocess - Associate Planners Chris Saunders and Jodv Olsen (A) Presentation re special improvement districts (SIDs)/rural improvement districts (RIDs)/business improvement districts (BIDs) In conjunction with his presentation, City Engineer Craig Brawner distributed a memo dated November 29, along with a copy of Commission Resolution No. 2712, adopted in 1988, and a general timeline for the creation of a special improvement district, which reflects that the creation of an SID may take 23 to 63 weeks. . The City Engineer noted that the resolution revised the original SID policy, which was adopted in 1983, on the heels of the Valley Unit Subdivision failure and subsequent default on the outstanding SIDs. He identified the objective of special improvement districts as providing for orderly and economical construction and financing of necessary public improvements while minimizing financial risks to city residents. City Engineer Brawner stated that a special improvement district may include properties within city limits only, or may include county properties which adjoin the city, upon adoption of a joint resolution by both the City and County Commissions. He noted another alternative is to create a separate City SID and a County RID, preferably in parallel processes, with the monies from those two funding sources being used, possibly in conjunction with other funding sources, to complete a specific project. The City Engineer stated that special improvement districts are one of many funding tools for the installation of infrastructure, noting that this process is open to public review and comment. He indicated that this mechanism does pose a risk to the City's SID Revolving Fund and, ultimately, its General Fund in the event that property owners default on their assessments. He also cautioned that this funding mechanism works better for some improvements than for others, citing traffic signals as an example of where they don't work so well. . Administrative Services Director Gamradt distributed copies of a memo he had prepared, dated October 14, 1997, identifying legislative changes made in 1995, and a transaction flow chart he had prepared several years ago in response to the defaults in Valley Unit Subdivision. He stressed that, while these documents are old, the information is still pertinent. He reviewed the legislative revisions to the statutes, noting that the 5-percent fee for the SID Revolving Fund, which was previously optional, is now mandatory; and the previously optional Y:z-percent additional interest rate on assessments is also mandatory. He noted, in addition, the Legislature provided for a discretionary 5-percent reserve account and an additional Y:z-percent additional interest rate on assessments. He noted that, while the City has created few SIDs since those 11-29-99 - 3 - legislative changes and has not enacted those two discretionary fees, they could appropriately be used for SIDs on raw land developments or where few property owners are involved. He stated that, in a developed area, the risk of delinquencies is generally quite low, particularly if the costs of the new improvements are low in comparison to the value of the development. The Administrative Services Director reviewed the three flow charts, which reflect the initial transactions of a special improvement district, the transactions resulting from the payment of assessments and retirement of bonds, and the final transactions to close the account. . City Attorney Luwe noted that the timeline for the creation of an SID, as distributed, is approximately half the length of the timeline established in Billings. He also cautioned that this timeline was developed before the 1995 legislative changes, which have extended the time to complete some of the steps. He then indicated that State statutes covering the three funding options under discussion total 104 pages and are very specific. Assistant City Manager Ron Brey gave a brief overview of the business improvement district (BID) process, noting that the City has not done one before, but has just received a petition to create one for the downtown area. He noted that under this program, the property owners accept imposing an annual assessment on themselves. He stated the district is run by a board appointed by the Mayor, with the concurrence of the Commission; and that board is responsible for developing an annual work program and estimated costs of that program, which may then be modified by the Commission prior to acceptance. He noted that a BI D may complement an SID or an urban renewal program, and the monies may be used to complement existing City services. He stated that under the BID being proposed for the downtown, a manager is to be hired to manage and market the downtown like a coherent entity. Commissioner Kirchhoff arrived at 4:07 p.m. Assistant City Manager Brey stated that a business improvement district may be created for up to ten years, but an annual budget and an annual work plan are required. He stressed . that there is no obligation for the City to cover any costs, and no financial impacts on the general taxpayer. Responding to questions from the Commission, Assistant City Manager Brey stated that in 1992 an intern concentrated on developing a list of waivers for the creation of SIDs and annexation for the period 1983 to 1992. He noted that that information was organized by public facilities and is readily available. He indicated that, while the information from 1992 to date might not be in that same format, it is readily retrievable; and that information was used during the creation of the SIDs for both the Northwest Waterline and paving of West Beall Street. He recognized that, while the waivers may not be used to push the creation of an SID, they are valuable in determining whether a proposed SID may be protested out. City Manager Clark Johnson suggested that the identification of waivers could be a function of the GIS program, suggesting that it could be in both database and graphic format. Responding to comments from Commissioner Rudberg, Planning Director Andy Epple noted that it is easier to obtain waivers from one person owning a large tract than from 200 individuals. He noted that the waivers are now being recorded so that new property owners are aware of the obligation on that property. Commissioner Smiley stated that, even though the City does require waivers of right to . protest, she does not feel it is up to the last developer to pull the SID together, citing the traffic signal at the intersection of Griffin Drive and North 7th Avenue as an example. She suggested, rather, that the City should be more proactive in addressing those issues. City Manager Johnson reminded the Commissioners that the original intent of a special improvement district is to provide a financing mechanism for the "developers", whether that is one individual creating a development or a neighborhood seeking a way to fund a needed infrastructure improvement, such as paving a street. He then noted that funding of a traffic light is one of the hardest to justify under this mechanism, particularly if that light is located on a busy arterial that carries substantial community traffic. 11-29-99 - 4 - City Engineer Craig Brawner noted that the City has a capital improvement program, in which projects are prioritized and their funding sources identified. He stated that many traffic signals are included in that plan, with many of them having a low priority and others having impact fees as an identified source of funding. Commissioner Smiley characterized the community as being at the beginning of a phenomenal growth pattern, and she would like to avoid the problems that have surfaced on North 19th Avenue. She questioned whether the City has taken adequate steps for those who are unable to occupy buildings, or if it has adequately gotten the word out regarding the items . to be completed prior to occupancy. She concluded by indicating her desire to eliminate the glitches in the system prior to the anticipated growth. City Manager Johnson responded by characterizing waivers as a back door way to proceed with the SID financing option. Commissioner Rudberg noted another issue is paybacks, particularly when the first developer puts in the improvements and other developers follow with their individual developments. She stated that, without paybacks, the last developer in an area pays the least, which is unfair. City Manager Johnson noted that much of the issue revolves around timing, stating that if a developer wants to complete a project ahead of the City's schedule for installing an improvement, then the developer must find a way to accommodate the installation of that improvement. Commissioner Frost stated he does not feel SIDs are working very well, and he does not believe paybacks will work unless the City includes an administrative fee. He then suggested that the Commission may need to be more strict, instead of more liberal, in allowing construction to begin without the needed improvements in place. Commissioner Rudberg suggested that the City should be the "conductor for the . symphony", taking more of a lead role in the process. Commissioner Smiley stated it was her concern for staff that caused her to request this agenda item. Mayor Youngman asked that staff bring back any suggestions for finetuning of the SID process for Commission consideration. She also suggested that getting the public involved in reviewing of the new capital improvement program could help in addressing the infrastructure issues. (B) Update re master plan update process - Associate Planners Chris Saunders and Jody Olsen Planning Director Andy Epple stated that progress has been made on the goal of completing the Bozeman 2020 community planning process by early next fiscal year. He noted the draft plan is to be completed by mid-June, with adoption projected for September 2000. He also identified some of the parallel processes taking place, including the SmartPlaces GIS program, the transportation plan update, and updating of the base data for the 2000 census update. . Associate Planner Jody Olsen distributed copies of a memo dated November 29, identifying the mechanisms being used to promote public participation in the master plan update process, the new brochures she has prepared, entitled What is a Growth Policy? and Bozeman 2020 Community Plan, and the timeline for completing various elements of the update process. She stated that the Planning Board has divided into two committees, and they are meeting on a weekly basis in an effort to keep the process moving forward. The Associate Planner reviewed the public participation strategy, as contained in the memo, noting that those include publishing a newsletter that is mailed to approximately 200 people as well as being posted on the City's web page, development of the informational 11-29-99 - 5 - brochures she has distributed, completion of a community characteristic and opinion survey, holding of four kick-off events which approximately 300 people attended, posting of information on the City's web page, and sponsoring of a logo contest. She noted that 438 responses were received from the 1,200 surveys mailed out, and those results should be tabulated within the next week. Associate Planner Jody Olsen stated that the Planning staff and Board members are prepared to talk to any interested groups. She noted that they are also considering stakeholder, or interest group meetings, although much of the information gathered during the Gallatin . Valley Tomorrow project may still be useful in this update process. She noted that they also plan to encourage focus group meetings and neighborhood meetings and work closely with the school administration and board as the draft document is prepared. She stated that, following completion of the draft goals and objectives, an open house is anticipated; and public forums and public hearings will be held on the draft document after it is completed. Associate Planner Chris Saunders stated that staff has completed three surveys. He stated the first was a formal survey seeking public input on social and economic information; the second was sent in the water bills and provided general interest information; and the third survey was in conjunction with the kick-off events and sought input on a variety of issues and elements. He stated the Planning Board is currently trying to arrange space for a display in an open window along Main Street during the Christmas Stroll. The Associate Planner gave a brief overview of the timeline for completion of this update, noting that major milestones in the process include completion of the goals and objectives, which is anticipated during the first week of February; distribution of the draft master plan in June; completion of the required Planning Board public hearing by the end of July; and completion of the public hearing and adoption of the master plan document by the City Commission by September 24, 2000. Associate Planner Saunders characterized publicity for the Bozeman 2020 project as being good, both in the types of articles published and their timing. He also noted that, through . the City's web page, good public access can be provided throughout the update process. Planning Director Epple noted that, under State law, the City's update process must be coordinated with other adjacent jurisdictions. As a result, he stated the County Planning Department was asked to, and did, have a display at the kick-off events. Mayor Youngman stated now is the time for the Commission to raise questions and pin down the timetable for presentations and updates. She noted that if the Commission wants to get involved and provide input early in the process, a mechanism for doing so should be established at this time. Planning Director Epple noted that the City Planning Board has a City Commissioner in its membership, which creates a more direct pipeline for input from the Commission than was previously available. He stated, however, that the staff is willing to provide reports as often as desired and is prepared to interact with the Commission in whatever manner is identified. Associate Planner Saunders suggested that staff can provide input through summary memos, with reports at significant points in the process. He noted that, within the next month, staff plans to prepare the table of contents for the plan; and he anticipates the Commission will want to provide input on that issue. . As a result of discussion, the Commissioners agreed that they would like to have information at the same time as it is forwarded to the Planning Board. They also concurred that general information on the process, including facts and figures, can be forwarded in memos no less frequently than once a month, with work sessions left open on a regular basis for presentations. Further, as a result of discussion, the Commissioners recognized that they are welcome to attend any and all Planning Board meetings; however, if three or more Commissioners plan to be in attendance at a meeting, the Clerk of the Commission must post a notice stating so. 11-29-99 - 6 - Commissioner Smiley stated a joint meeting between the City Planning Board and the City Commission would be beneficial in helping steer the master plan update process in the right direction and encouraged such a meeting be held as soon as possible. Associate Planner Chris Saunders suggested that it would be helpful to receive lists of issues from the individual Commissioners so they can be forwarded to the Planning Board members prior to that meeting. The Commissioners requested that a work session in preparation for a meeting with the . City Planning Board be scheduled for December 20, with the Commissioners to turn in their individual lists to the Clerk of the Commission on December 13 or December 14 for tabulation and inclusion in the Commissioners' packets. Planning Director Andy Epple reminded the Commission that several different documents are referenced in the growth policy or incorporated by reference. He noted that staff did not anticipate revising those documents, citing the Parks, Open Space and Trails (POST) plan as an example. He stated that if the Commission wishes to include updates of those referenced plans in this update, then additional resources will be needed to complete the project in the time allotted. Discussion - Commissioner croiects None of the Commissioners forwarded any comments under this agenda item. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. . (1 ) Copy of a memo from Street/Sanitation Superintendent Sicz to Director of Public Service Arkell, dated November 22, reporting that the 1999 leaf pick-up program resulted in collecting 361 tons of dry leaves over a period of thirteen days. Commissioner Rudberg and Commissioner Smiley thanked the City staff for a job well done. (2) Letter from the County Commission, dated November 19, asking that the City address specific questions pertaining to negotiations for right-of-way for the West Babcock Street. Responding to City Manager Johnson, the Commissioners requested that a discussion on Commissioner responses be added to the December 6 agenda, in preparation for the joint meeting with the County Commission on December 13. (3) Minutes for the Board of Health meeting held on October 14, 1999. (4) Minutes for the Local Water Quality District Board meeting held on October 28, 1999. (5) Minutes for the Parking Commission meeting held on October 14, 1999. . (6) Notice of the Downtown Improvement District Board meeting which was held on November 18, along with minutes from their meeting held on October 21, 1999. (7) Agenda for the Development Review Committee meeting which was held on November 23, 1999. (8) Memo announcing that the Design Review Board meeting scheduled for November 23 was cancelled due to a lack of projects. 11-29-99 --.-----.- --. ----------. . --.-----. .---.-.- - 7 - (9) Agenda for the County Commission meeting which was held on November 23, 1999. (10) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, November 30, in the Commission Room. (11 ) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, November 30, at the Courthouse. . (12) Agenda for the Montana Transportation Commission meeting to be held on December 9 in Helena. ( 13) Clerk of the Commission Sullivan introduced Deputy Clerk of the Commission Karen Murphy, noting she will be attending all Commission meetings. (14) Commissioner Frost stated that he spent Thanksgiving in San Francisco; and a newspaper article indicated there are initiatives on the ballot in five surrounding counties to limit growth and save open space. (15) Commissioner Kirchhoff requested an item on an upcoming work session to discuss whether or not the Commission should consider reduced street standards on interior streets. ( 16) Mayor Youngman submitted the following. (1) Attended the City-County Health Board meeting, at which the handwashing versus gloves policy was discussed and revised as a result of public comment. (2) Attended the meeting of City Managers and Mayors in Billings. (3) Stated that Linda Babcock's fifth grade class wishes to attend a meeting of the Commission early next year that includes a topic of interest to them. She noted that the Bicycle Advisory Board has also contacted her about doing a presentation of their draft bicycle plan and suggested that it be scheduled for January 10, with the class being invited to attend that meeting. (4) Noted that the Commission had previously discussed and approved a proposal to . expand the membership of the Recreation and Parks Advisory Board to include two students from the school system. She noted that idea has never been implemented and suggested that it be incorporated into the advertising and appointment process upcoming early next month; the Commissioners concurred. (5) Stated that Health Officer Stephanie Nelson has requested an opportunity to make a 15-minute presentation; the Commission concurred. ( 17) Commissioner Smiley noted that the Improvement District Board (lOB) members are excited that they have successfully completed the petition process. Assistant City Manager Brey cautioned that, depending on the timeframe for completion of the process for creation of a business improvement district, it may move rather quickly and requested latitude in placing items on the agenda. Commissioner Rudberg expressed concern that the minutes from the lOB meeting reflect that someone who is not a member of the board seconded a motion. ( 18) Commissioner Rudberg questioned how a water bill can reach a $393 balance before the water is turned off, indicating that question arises from the minutes of the Parking Commission meeting. . Adjournment - 5:55 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Smiley, seconded by Commissioner Frost, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Frost, Commissioner Kirchhoff, Commissioner Rudberg and Mayor Youngman; those voting No, none. 11-29-99 ---- -------- - 8 - ~(]~ MARCIA B. YOUN MAN, Mayor ATTEST: .~.:!~ ROBIN l. SULLIVAN Clerk of the Commission . . 11-29-99