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HomeMy WebLinkAbout1999-10-25 Minutes, City Commission MINUTES OF THE AGENDA MEETING/WORK SESSION OF THE CITY COMMISSION BOZEMAN. MONTANA October 25. 1999 ***************************** . The Commission of the City of Bozeman met in agenda meeting and work session in the Commission Room, Municipal Building, on Monday, October 25, 1999, at 3:00 p.m. Present were Mayor Youngman, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, City Manager Johnson, Staff Attorney Cooper, 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. Agenda Meetina - for reaular meeting and Dublic hearinas to be held on November 1. 1999 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. (4) Associate Planner John Sherman gave a brief overview of the application, which provides for further development/reuse of the City's lower yards. Commissioner Smiley stated that the subject property is the site of the old sewage . treatment plant. She noted it was a beautiful site at that time and expressed her desire to see it return to that type of appearance. (5 & 6) Mayor Youngman indicated that she will talk to the Commissioners individually and have the information for these documents ready for inclusion in the packets. (13) Assistant Planner Therese Berger gave a brief overview of this requested annexation. She noted that staff has reviewed this application and identified a number of issues, which have been listed in the written staff report. She noted the Fire Marshal has recommended that the structures in the southwest corner of the site npt be included in the annexation and cautioned that if they are not, a separate annexation, master plan amendment and zone map amendment process will be required at a future date. Fire Marshal Chuck Winn noted that, in the past, staff has tried to work with the annexation of properties that don't have fully compliant water sources. He stated, however, that in this instance, water is so far from the site that, even with all of the large diameter supply lines in the fire trucks, they cannot reach the houses. He noted that the undeveloped property, which is closer to the Post Office, and the end of the water main, can be adequately protected. Responding to Commissioner Smiley, the Assistant Planner stated that the applicants . paid a total of $3,000 for these three applications, $1,400 of which was for the annexation. City Manager Johnson voiced concerns about staff's recommendations and suggested that staff and the applicant work together to find a satisfactory solution. He cautioned that if all aspects of this annexation are not carefully considered, the City could encounter street problems in this area similar to those currently being addressed along West Babcock Street. Responding to the City Manager, the Assistant Planner stated there are four separate parcels in the southwest corner of the requested annexation and recognized that, while there are only two property owners involved at this time, those four parcels could easily be sold individually. 10-25-99 ------- - 2 - (14) The Assistant Planner briefly highlighted this requested master plan amendment for the subject property, noting that it includes both commercial and residential land use designations. Staff Attorney Cooper asked if the County is considering a simultaneous application, since the master plan is a joint plan. He recognized that having a city-county planning process made this joint review easier in the past. . Planning Director Epple responded that he has made the determination that that portion of this property lying outside the city limits is to be reviewed by the County while that portion to be annexed into the city is to be reviewed by the City. (15) Assistant Planner Berger reviewed the requested zoning for this property, noting that its approval is contingent upon approval of the two previous applications. Commissioner Smiley voiced her concern about the proposed M-1 zoning because of the potential of a casino. (16) Assistant Planner Therese Berger reviewed the requested variance to the height requirements for one of the new buildings for the Hillcrest Retirement Home, noting that staff has found this application meets the statutory criteria. Mayor Youngman stated she has some questions and serious concerns about the massing of a 50-foot-high structure much closer to a public park and to the edge of the community's most conspicuous ridge line, noting the current structure is much lower and further from the edge. She also questioned whether this application meets Criteria No.2, stating she needs further explanation of the hardship. The Assistant Planner stated that most of the building is 38 feet high, except for the portion that is 50 feet high; and the existing building is 42 feet high. She then indicated that . the applicant's architect will be present at next week's hearing. (17) Senior Planner Skelton gave an overview of this application for preliminary plat, reminding the Commission that the public hearing is now held before the City Commission. He noted that staff had recommended approval subject to ten conditions; however, in light of additional information regarding the groundwater level, the Planning Board recommended that that condition be eliminated. He stated the staff report includes new traffic counts and encouraged the Commissioners to carefully review them prior to next week's meeting. Responding to Mayor Youngman, the Senior Planner stated the City Engineer has indicated the proposed 65-foot street right-of-way is adequate for a collector street. Commissioner Frost expressed concern about the cul-de-sacs proposed in this subdivision, particularly along the south edge. He voiced his preference for streets which can be extended to the south as future development occurs. Senior Planner Skelton responded that collectors and arterials, on a half-mile or mile grid, provide the key street system; and that is in compliance with the transportation plan. He further cautioned that the wetlands along the stream corridor must be taken into consideration. Mayor Youngman noted that, in the past, the Commission has required the gridding of . certain streets between subdivisions in specific instances, and suggested that that type of approach be considered during review of this preliminary plat. Joint meetina with County Commissioners - (A) West Babcock Street uDdate: (B) Tax billing uodate: (C) 9-1-1 (1) review of interlocal aareement and (2) orocedure for future budget fundina: (D) Extraterritorial zonina district (donut) ( 1) Dlanning mill levy and (2) advisory committee uodate: and (E) Detention Center update In addition to the City Commissioners, others present included: 10-25-99 .....--.-- - 3 - County Commission Chair Bill Murdock County Commissioner Phil Olson County Commissioner Jennifer Smith Mitchell County Attorney Marty Lambert County Treasurer Jeff Krauss GIS Manager/Interim ITS Manager Allen Armstrong Sheriff Bill Slaughter (A) West Babcock Street update . County Attorney Marty Lambert thanked the City Commissioners for their recent action to identify a fenceline-to-fenceline right-of-way for West Babcock Street without any reservations for additional widths for design needs or safety, noting that decision was important if this matter proceeds to court. He stated the County has recognized the street needs to be improved, but they have determined that doing so should have the least impact possible on the residents, their fences, sidewalks and trees. He noted the County Commission has decided that, prior to taking their constituents to court, they will contact the property owners individually to see what can be done short of going to court. Responding to Commissioner Rudberg, County Commissioner Murdock stated that the County is in the process of drafting a letter to be sent to all county property owners along West Babcock Street, and that letter should be out in the near future. He stressed their interest in addressing this matter without going to court, noting that step will be their last resort. In response to additional questions from Commissioner Rudberg, County Commissioner Murdock made the commitment to have the letter out by December " giving the property owners thirty days to respond. County Attorney Lambert noted that response to the letter will help the County determine if individual property owners are willing to give an easement or negotiate for the . right-of-way or if court action is necessary. He stated that the property owners have been identified as well as the existing easements. He then noted that the City has three parcels along which right-of-way is needed. He concluded by indicating that City Attorney Luwe is in agreement with the process identified and, if the negotiation process is not successful, noted the next step will be for both governing bodies to sign off on a petition which will be submitted to the court. Responding to Mr. Connie Yerger, 2604 West Babcock Street, County Commissioner Bill Murdock stated that the County has not yet made the decision to pay for right-of-way, despite what the newspaper may have reported. Mr. Yerger expressed concern about the possibility that the properties along West Babcock Street might be annexed to the city and then charged impact fees and required to participate in a special improvement district for improvements to the roadway. He noted that the residents along that street have paid for it, yet the County does not maintain it very well; and he feels they should be treated fairly. He concluded by stating that the residents are willing to work with the governing bodies, and noting he does not feel a declaratory judgment is appropriate. In response to questions from the public, County Commissioner Phil Olson stated that many county roads, including the road on which he lives, are non-dedicated roads, and the adjacent property owners own to the middle of the road. He stated that some county roads . are roads through prescriptive use, while others are roads through dedications or easements. County Commissioner Bill Murdock concluded this discussion by stating the County Commission is committed to meeting with the property owners and having an opportunity to air the issues. (B) Tax billing update Mayor Youngman stated the fundamental question is whether the City will get its , 0-25-99 - 4 - property tax revenue on time, noting the failure to do so will cost approximately $20,000 per month in interest. She then indicated that the City Commission will meet on Thursday to conduct the necessary public hearings on the mill levy and to set the levies. Mr. Allen Armstrong, Geographic Information Systems Manager and Information! Technology Services Interim Director, stated that staff has been working diligently to update numerous programs written in old, obsolete languages in preparation for this year's billing cycle. He stated the billing for mobile homes is currently in process, and it is projected that the property tax bills will be mailed during the week of November 15. He stated the County now . has all of the mill levies except for Bozeman's, and the billing cannot begin until that information is received and compiled by the Clerk and Recorder's Office. He noted that staff is also working on Y2K issues, stressing that those do not impact the billing but do impact some of the subsequent programs dealing with receipting and distribution of the monies. Mr. Don Carlson, Programmer, stated that there are 20 to 25 distribution programs that need to be rewritten, and the penalty and interest module needs to be upgraded. He made a commitment to ensuring that these programs are updated prior to receiving the tax payments. County Treasurer Jeff Krauss stated that Bozeman is the last governmental agency to set its mill levy, and it takes at least two weeks after receiving the last levies before the tax bills are mailed. He stated that this is another legislative year; and they are printing sample tax bills and sample distributions to make sure the system is working properly before starting the billing process. He noted the process is further complicated this year by the significant legislative changes, the turn-over in County staff, and the Y2K problems. Responding to Mayor Youngman, the County Treasurer stated that the tax bills are normally mailed out the last week of October, with the payments being due November 30 and May 31. He then noted that, by law, the County must give thirty days from the date the bills are sent to the date the payments are due. He stated that he is looking at mailing the bills on Wednesday, November 17, which will make the payments due on Friday, December 17. . Further responding to the Mayor, the County Treasurer stated that he normally distributes a portion of the property tax revenues prior to the closing of his books. He noted that, based on the lateness of the bills, if he has monies available in early December, he will try to distribute a portion of the monies. He noted that in 1996, he was several months late in distributing the property tax revenues and, because the monies had been received and were earning interest, he was able to pay interest. He stressed that in this instance, the County will not have the monies, so the interest revenues will simply be lost. He recognized that the lateness in mailing the bills will impact everyone, but stressed that a November 17 billing date is much better than he had anticipated. County Treasurer Krauss noted that getting the tax bills out in a timely manner is a cooperative effort by many of the County personnel as well as the taxing authorities. He recognized that in legislative years, the taxable values are always late; and this year the taxable values were late and the County's program was not ready. He stressed that once the taxable values were out, it was important for the taxing entities to quickly schedule the setting of mill levies into their schedules, calling special meetings if necessary to get the mill levies set and to the Clerk and Recorder's Office. He noted that some of the mill levies were turned in on October 13 and 14, while the County's mill levy was set late last week. The County Treasurer stated that he called fourteen of the first fifteen counties on the license number list; and ten of those counties are getting their tax bills out on time. He . indicated that Missoula County will get their tax bills out around November 10, and Hill County and Ravalli County have encountered problems because of other entities setting their mill levies late. Responding to Commissioner Rudberg, County Treasurer Jeff Krauss noted that, based on 5 percent interest earnings, if the tax bills are one month late, it will cost the taxing entities approximately $100,000. He then estimated that the interest revenue loss to Bozeman for the anticipated seventeen days will be $5,400. 10-25-99 - 5 - Administrative Services Director Miral Gamradt noted that the information which the City received at the end of September was inaccurate; and the actual figures were not received until October 8. County Commissioner Bill Murdock suggested that, once the tax bills have been mailed and the property tax revenues distributed, if the City feels it has been financially impacted, it approach the County about the issue. Commissioner Rudberg noted that the City has been taking steps to address the Y2K . issue over the past three or four years, and stated that, as a taxpayer, she is alarmed to find that the issue has not been addressed at the County in the same timely manner. County Commissioner Phil Olson responded that the County was also aware of the issue, and the Commissioners continually talked to the Data Processing department about it. He noted that they felt they were on an appropriate timeline, but the issues were not addressed with the timeliness anticipated for a number of reasons. (C) 9-1-1 County Commissioner Phil Olson noted that Section 11 of the Interlocal Agreement, dated December 19, 1995, states that "This Agreement shall be reviewed not later than one year after its effective date by the County and the City ..." and questioned whether that has been done. He also noted that Section 6.F. charges the Board with considering an alternative financing mechanism for this program. County Commissioner Bill Murdock stated that today's discussion is intended to be a conceptual one regarding structural flaws and funding possibilities, not one in which specific ideas are discussed. He recognized that there are inherent problems with the current funding structure, particularly since it seems some taxpayers within the county are being charged more . than others. He proposed that the Commissions may wish to have the 9-1-1 Administrative Board consider these issues and forward suggestions for consideration. Mayor Youngman noted that the 9-1-1 Administrative Board has the most resources upon which to draw to make suggestions both on the structure and the funding of the program. She further noted that one County Commissioner has served on the board, but the City Commission has not had any representation on it, except through the City Manager, and it would take them a while to get up to speed. Fire Chief Aaron Holst noted that he serves as the Chair of the 9-1-1 Administrative Board, and the only original members on the current board are he, City Attorney Luwe and Sheriff Bill Slaughter. He stated that he can research the minutes to find out if any review occurred, prior to any review occurring at this time. He reminded the Commissions that the 9-1-1 program lost its director in the middle of the project and, for a period of time, the Board's energies were focused completely on replacement of the director. He stated that the Board has scheduled a retreat for November 17 and 18, at which time they will undertake strategic planning and identifying alternatives for long-term financing. County Commissioner Bill Murdock noted that another awkward problem for this program is the manner in which the budgeting is done, particularly since the City's process is different from the County's process. He characterized this as a frustration for all involved, particularly when the two governing bodies budget for different items or at different levels. He proposed . that, in an effort to resolve this issue, Administrative Services Director Gamradt and Fiscal Officer Ed Blackman be asked to come up with a proposal. Commissioner Rudberg noted that the Interlocal Agreement requires that the County establish and maintain a separate fund for this activity and, in light of the recent problems with identifying revenues and expenditures, it appears that separate account does not exist. She also expressed concern that the County's budget reports are extremely difficult to read. County Commissioner Bill Murdock assured the City Commission that steps have been taken to ensure the same kinds of problems are not encountered in the future. He then 10-25-99 --.------ ------------.. .---- ----..- - ..-----. -----. ------- - 6 - proposed that the budget for the 9-1-1 program be considered in a joint meeting of the Commissions, recognizing that the two bodies must still make independent decisions. City Manager Johnson noted that he and County Commissioner Phil Olson both serve on the 9-1-1 Administrative Board, and their positions on that board are sometimes different from their positions as administrators. He stated that a presentation to the joint Commissions might help to resolve the problems they encounter as a board, and splitting the functions to ensure that the monies are expended as desired by the governing bodies could further help. . In response to comments from Commissioner Rudberg, County Commissioner Olson concurred that the funding mechanism for this operation needs to be addressed. County Commissioner Murdock suggested that the funding of this program be listed for the next several joint meetings. Responding to Commissioner Frost, the City Manager indicated that the 9-1-1 Director will coincide her budget requests with the City's budgeting process, so the Commissioners can hear her presentation at a joint meeting at the beginning of the budgeting process. The Commissions concurred that this matter should be discussed at their next joint meeting, which will be held on December 13. County Commissioner Murdock noted that the enhanced 9-1-1 program is a top priority for the County. He then indicated that he has no problem considering this budget early in their budgeting process, recognizing that it must fit into the overall budget. Sheriff Bill Slaughter stated that the 45/55 split was always viewed as an interim funding solution, with a stable funding source being identified as a need. The Commissioners concluded this discussion by recognizing the importance of . developing a budgeting process that results in a more unified decision-making process. (D) Extraterritorial zoning district (donut) County Commissioner Bill Murdock noted that the County has assumed jurisdiction of the extraterritorial zoning district; however, due to the timing of the change, they missed the date for establishing the mill levy for this jurisdictional area. As a result, he asked that the City, which has levied the mills in the past, do so again this year and then give the County those monies since it is now administering the program. Administrative Services Director Gamradt recommended that the City retain three-plus weeks of the revenues plus any delinquent property taxes collected, noting the remainder could then be remitted back to the County. The City Commissioners concurred with the Administrative Services Director's recommendation. County Commissioner Jennifer Smith Mitchell stated that Deputy County Attorney Swimley has indicated a contract is needed to cover the remainder of the fiscal year, and she will ask about the legal procedure to be followed. . Responding to Commissioner Rudberg, the Administrative Services Director stated that two different mill levies are collected, one being a city levy and one being a county levy in the jurisdictional area. He noted that the levy in the "donut" area generates approximately $28,000 annually. County Commissioner Jennifer Smith Mitchell stated the County Planning Board has appointed an advisory committee to look at the ordinances for the 201 zoning area. She also noted that the County is taking applications for a Board of Adjustment for the "donut" area, and the board will be appointed as soon as they have enough applications to do so. 10-25-99 .. - ....--.- ...--.---- ___ ...._u .___ - 7 - County Commissioner Murdock stressed that the committee is strictly advisory, noting that, by law, the regulations in the "donut" must be compatible with the City's regulations. Mayor Youngman suggested that, since there in no direct City input into this process, the County consider appointing an ex officio member from the City to provide continuity. She also requested that the Commissioners be provided copies of the meeting notices and the minutes. County Commissioner Olson noted that the meetings are open to the public, and anyone . is welcome to attend. In response to comments from the Commissioners, Planning Director Andy Epple stated the City Planning Board and County Planning Board are working together in a collaborative process, and two representatives from each board, he and County Planning Director Dale Beland meet regularly to discuss growth policies. He then assured the Commissions that there is a commitment at all levels to make sure the coordination exists. (E) Detention Center update County Commissioner Phil Olson stated that the County Commission is in the process of appointing a new citizens committee to address the detention center issue. He noted that once the committee is appointed, they will be given approximately six months in which to submit a recommendation, stating that much of the information they need has already been developed. He indicated that some of the people on the previous committee will be on the new committee and some will be people not previously involved. County Commissioner Murdock stated the County Commission will meet Thursday afternoon to develop the specific mission statement that will go into the letter to those have committed to serve. He noted that issues to be revisited included the site location and the size . and the cost of the new facility, along with a better way to get the word out to the public. He noted that the County has already paid $200,000 for architects and planning as a part of the previous process. Responding to Mayor Youngman, County Commissioner Murdock stated that if the committee recommends a bond issue be placed on the November ballot, they will have time to do so under the timeframe that has been established. Commissioner Rudberg asked if the County is addressing the code deficiencies at the existing detention center, particularly in light of the recent fire at the Butte jail. The County Commissioners responded that they are, noting that they are in the process of negotiating a contract to do the work, and they have budgeted $300,000 for the project. County Commissioner Mitchell noted the County has also funded two new programs, the drug treatment court and the community corrections board. County Attorney Marty Lambert cautioned that these programs, while both of them are worthwhile and he fully supports them, will result in an increased need for beds in the jail for people when they relapse. He noted that under these programs, if a person is drinking, that individual can be immediately sanctioned with jail time, and the space must be available. . Commissioner Rudberg expressed her concern about shipping juveniles to Butte, and the costs involved. She then gave the County Commissioners a copy of the Government West magazine containing an article on inmate medical co-pay. County Commissioner Murdock noted that the County pays $170 to $180 per day for housing of juveniles in addition to transportation; and the only facilities in the State are located in Billings, Kalispell and Great Falls. The Commissioners thanked each other for this meeting, and reiterated their commitment to a joint meeting on December 13. 10-25-99 -- .-- - 8 - Work Session - (A) Discussion re comDosition of Design Review Board and aualifications of current members (A) Discussion re composition of Design Review Board and qualifications of current members Included in the Commissioners' packets were a memo from City Attorney Luwe, dated October 21, and a copy of Section 18.51.010 of the Bozeman Municipal Code, which sets . forth the composition of the Design Review Board. Distributed just prior to the meeting was a letter from Ed McCrone, dated October 25, regarding this issue. City Manager Johnson stated that City Attorney Luwe and Planning Director Epple have talked to him about this issue on several occasions, particularly since Mr. McCrone proclaimed that he lives outside the corporate limits of Bozeman. He stressed that the scheduling of this item on the agenda was his responsibility, noting that Mr. McCrone's serving on the Design Review Board is now in violation of the City ordinance. City Attorney Luwe noted that the Commission has two options: (1) to amend the ordinance to allow non-residents to serve as non-professional members or (2) to remove Mr. McCrone from the board. He stressed that the Commission's action must be scheduled for a regular meeting, at which Mr. McCrone would have the opportunity to present his case. He noted that if the Commission wishes to amend the ordinance, it should suspend Mr. McCrone until the amendment is effective. He stressed that this is a separate issue from the one which was addressed in court earlier this afternoon, since that process pertained to his candidacy for City Commission. Commissioner Frost stated he does not want to rewrite the ordinance. He also voiced his interest in bringing this issue back for consideration after the election. . Mayor Youngman stated that she typically supports allowing a non-resident who has an interest in Bozeman, generally from working in the community, to serve on City boards. She noted that in this instance, the current ordinance seems to make sense, although she would be willing to consider alternatives. Commissioner Rudberg forwarded her continued preference to disband this board. City Attorney Luwe stated the reason that staff has brought this issue to the Commission is that the current member is not entitled to sit on the board under the current regulations and, as a result, every decision where he makes a quorum or is involved in a close vote could be challenged. In response to questions from the Commission, Planning Director Epple stated the current provisions went into effect in late July, under the interim zoning ordinance. The Commissioners requested that this item be listed on the November 8 work session, at which time they will give the staff direction for bringing it back on a regular agenda. 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 ) Notice of Special Commission Meeting, to be held at 4:30 p.m. on Thursday, October 28, in the Commission Room. 1 0-25-99 -..--.-..- -.--..-- --------...- -. --.----------. - - ---..--.- - 9 - (2) Copy of the published notice regarding the annual fall cleanup of leaves, which is scheduled to begin on Tuesday, November 2. (3) Agenda for the Downtown Improvement District Board meeting which was held on Thursday, October 21. (4) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, October 26, in the Commission Room. . (5) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, October 26, in the Commission Room. (6) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, October 26, at the Manhattan Police Station. (7) In response to Commissioner Rudberg, the City Manager indicated he will schedule a presentation from Street/Sanitation Superintendent Sicz on street cleaning for November 8. (8) City Attorney Luwe stated that the owner of the property on South Grand Avenue about which the area residents are concerned has communicated to Staff Attorney Cooper his commitment to ensure only four renters reside there. He noted that a complaint will not be filed until after staff determines if he has met that commitment; and the matter will be pursued if this does not occur. Adjournment - 5:55 c.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being . Commissioner Rudberg, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No, none. M~Y~~YOr ATTEST: ~/~~ ROBIN L. SULLIVAN Clerk of the Commission . 10-25-99