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HomeMy WebLinkAbout1999-10-11 Minutes, City Commission __ __'_________~ _-'-0" ,,- MINUTES OF THE AGENDA MEETING/WORK SESSION/SPECIAL MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA October 11, 1999 ***************************** . The Commission of the City of Bozeman met in agenda meeting, work session and special session in the Commission Room, Municipal Building, on Monday, October 11, 1999, at 3:00 p.m. Present were Mayor Youngman, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, 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. Discussion - Commissioner Droiects None of the Commissioners submitted any comments under this agenda item. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1 ) Announcement of a new partnership called Damschen-Entranco. e (2) Listing of the local contributors and exhibitors at the recent Montana League of Cities and Towns Convention in Bozeman. Assistant City Manager Brey noted that there were a number of local contributors this year, which is appreciated. He stated that in 1990, when the convention was in Bozeman, there were no local contributors; and there were no local contributors from the host city of last year's convention. (3) Invitation from Kmart to participate in its anniversary celebration to be held at 9:00 a.m. on Tuesday, October 12. (4) Announcement of a public meeting on the Bozeman Solvent Site, to be held by the Montana Department of Environmental Quality at 7:00 p.m. on Tuesday, October 19, at the GranTree Inn. Responding to Commissioner Smiley, City Manager Johnson stated that during a recent meeting of representatives from the City, Jewel Foods and the Department of Environmental Quality (DEQ) about final resolution of the solvent site and the draft remediation plan, representatives from DEQ asked for a public hearing on the remediation plan and a proposed amendment to the interim order to include the construction of a water line to serve e certain properties along the north side of the interstate. He noted the DEQ is also proposing the expansion of the boundary of the solvent site to overlay what the Department of Natural Resources and Conservation has identified as the control area for wells; and City staff members are opposed to that proposal. (5 ) Newsletter from Headwaters Recycling, announcing that the next meeting will be held in Three Forks on October 13. (6) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, October 12, at the Courthouse. 10-11-99 - -------. .-- .- - --.-.-...-- - 2 - (7) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, October 12, in the Commission Room. (8) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, October 12, in the Commission Room. (9) Assistant City Manager Brey noted the theme of this year's League Convention was" All Politics Is Local". He noted that one of the sessions included a panel of various local government officials, and highlighted Great Falls' effort to get word of its business . out to the community. He stated that those efforts, which include televising of meetings, an active web site, a quarterly insert in the Great Falls Tribune and telephone calls to those in an area where a public service project is about to take place, come with a price tag. He noted that another community brings the area legislators in for a portion of the budget meetings so they can see the hard choices that must be made as a result of State Legislature actions. The Assistant City Manager noted that other items of interest included the energy services program, under which twenty cities will save an estimated $100,000 over fifteen months. He indicated that, later this week, he will meet with the consultant for that program. Assistant City Manager Brey noted that the Mayor of Billings distributed information and voiced an interest in ensuring possible State legislative action does not close the door on a municipality's ability to charge, under a cable television franchise agreement, for right-of-way usage. Responding to Commissioner Rudberg, the Assistant City Manager indicated that power and telephone companies are not subjected to this same type of charge. City Attorney Luwe stated that in the late 1980s, the City of Billings looked at the possibility of charging other utilities for the use of its rights-of-ways, particularly when that usage affects the City's other utilities and sometimes results in the cutting of an established street. e ( , 0) Commissioner Frost noted that he typically uses South Willson A venue to access his house, but last Thursday he drove South 19th Avenue at 4:30 p.m., and found that northbound traffic was backed up from Main Street to College Street, and people were driving down the gravel edges at a significant rate of speed. He also expressed concern that the intersection of South 19th Avenue and Kagy Boulevard will become increasingly worse, particularly in light of the number of turning maneuvers that occur at that intersection and the speed with which traffic moves on South 19th. (11 ) Commissioner Smiley voiced her interest in the article in this morning's newspaper regarding the Great Falls library using a collection company to collect overdue materials. Commissioner Rudberg stated her interest in that article as well, noting that Great Falls chose to use a private company instead of the City Attorney's office for collection of overdue books and fines. She then voiced her strong support for identifying the true costs of doing business, noting that in Bozeman, a portion of the City Attorney's time should be charged to the Library for the collection program. City Attorney Luwe stated that Bozeman's experience with the local collection agencies is that they take 50 percent of the amount collected, and they don't pursue the difficult cases. e Responding to comments from the Commission, City Manager Johnson stated that the budgets for the various departments don't necessarily reflect their impacts on other departments, but all of the costs are reflected in the totals for the various funds, and those figures are an accurate reflection of the costs for the overall operation. He then noted the same arguments can be applied to various sources of revenue, citing court fines as an example. ( 12) Commissioner Smiley submitted the following. (1) Noted that in today's newspaper, there was an article about Missoula County looking at the possibility of eliminating the Clerk of District Court position. (2) Stated that the Bozeman safety committee is working 10-11-99 - 3 - on a proposal to make Bozeman a primary seat belt community, and will consider adding the use of cell phones to that proposal. Commissioner Rudberg cautioned that making laws does not benefit anyone of there is no one to enforce them. Responding to Mayor Youngman, City Attorney Luwe stated that he must research whether the Commission has the authority to enact such an ordinance. . (131 Responding to questions from Commissioner Rudberg, Associate Planner Chris Saunders stated that Associate Planner Jody Olsen has been designated as the City's contact person for census data. He noted that she has done some preliminary work on the base information to be used in the census, and her latest work on the maps resulted in the addition of 1500 addresses within city limits. He stated that another set of updates for 1999 will be submitted to staff prior to actual distribution of the census. (14) Responding to Commissioner Rudberg, Mayor Youngman requested that the Commissioners provide any input on the job descriptions for the City Manager and the Clerk of the Commission by noon on Wednesday, so she can incorporate those comments in her response. ( 15) Responding to Commissioner Rudberg, City Manager Johnson stated that the two most recent agreements with the Farmers' Market for use of Bogert Park were included in the Recreation and Parks Advisory Board agenda packet so the Board can review them on Thursday's meeting. (16) Commissioner Rudberg noted she has received a memo from Animal Control Officer Connie Lien regarding the technical problems with the issuance of animal licenses through the Humane Society. She suggested that there are solutions to those problems that would allow this process to occur. e Responding to City Manager Johnson, the Commissioners indicated they are not interested in eliminating the requirement for a current rabies vaccination prior to licensing of pets. Commissioner Frost stated his research this past week revealed that rabies vaccinations may be given only by a licensed veterinarian, so the Humane Society will not be able to assume that duty. Commissioner Rudberg voiced her concern that there are "dogs and cats by the hundreds" running around the community without current rabies shots or licenses. She noted this can create a threat to the safety of the community, particularly if those animals bite people. She stressed the importance of addressing this problem, noting the best place to do so is at the source. (17) Mayor Youngman noted the going away party for the Croatians has been scheduled for 6:00 p.m. on Friday, and she will be unable to attend. She then asked if any of the Commissioners will be able to represent the City at that function; all of the Commissioners identified conflicts. . Agenda Meeting - for regular meetinQ and public hearinQs to be held on October 18. 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) The City Manager noted the complete application is available for review in the Clerk of the Commission's office. 1 0-11-99 ..-- ,.- ------ . ---....-- - 4 - (5) The City Manager stated that under this agenda item, City Engineer Craig Brawner will provide an update on this federal funding program, with the Commission then being asked to determine whether the City should sign the agreement and commit to funding its portion of the costs. Work Session - (A) Staff Droiect uDdates and (B) Discussion re tODics for October 25 meeting with County Commission . (A) Staff project updates Associate Planner Chris Saunders stated the City Planning Board is beginning the master plan update process and has created two committees, one for public participation and one identified as a work committee. He stated that the survey was sent out last week, and it was preceded by television spots and an article in the newspaper in an effort in increase the percentage of responses. He stated that responses have begun to come into the office, and staff hopes to have the preliminary results available for the kick-off event scheduled for November 9. He stated that a competition is also underway for a logo for the master plan process, and that competition is designed to increase awareness and interest in the update process. The Associate Planner stated that update of the transportation plan has also begun, with data now being collected at 25 intersections as well as other locations throughout the community. He noted that the consultant has met with the Bozeman Area Bicycle Advisory Board to identify their desires and needs, and will meet with other groups as well. The consultant will also look at future growth demands and a range of scenarios to determine the needed transportation system. He stressed that these two processes and plans are to be closely linked so they don't contradict each other. Mayor Youngman noted that, at the initial meeting between the City Commission and e the City Planning Board, the Commissioners individually identified concerns. She stressed the importance of keeping the Commission in the loop during the update process, to ensure that the end product is acceptable and useful. Associate Planner Saunders assured the Commission that the City Planning Board is aware of the need to keep the Commission an active part of the process. He then indicated that this is the first master plan in Montana to be developed under the new growth policy legislation. Mayor Youngman thanked Associate Planner Chris Saunders for his presentation. Assistant City Manager Brey provided a brief update on some of the activities in his area. He noted that the reclassification project is a major project that is consuming staff time and is traumatic for the organization. He stated the result should be an internal equity in jobs and a good foundation upon which to build in the future. The Assistant City Manager stated that he will meet with the consultant regarding the electrical program later this week to discuss the process under which the City may become an energy supplier to ensure good rates to consumers. He noted that, with the gap closing on the available rates, the City may not be able to save the consumers money, but can help to ensure that competition remains. He noted that Helena and Missoula are considering the possibility e of pursuing electrical generating facilities as well--an option not available to Bozeman. . The Assistant City Manager concluded by indicating his intent to meet with key members of the broad spectrum task force and Director of Public Service Debbie Arkell regarding the next step in the water storage issues. (B) Discussion re topics for October 25 meeting with County Commission Mayor Youngman noted the purpose of this discussion is to identify a list of topics which the City Commissioners would like to have addressed at the joint meeting. She 10-11-99 -.. ...------------..-.---. -...-..-- .-..-.-.-...- ..- - 5 - suggested one of those topics might be a question to the County Commission on how they plan to address the $20,000 a month loss the City will face if property taxes are collected late; the Commissioners concurred this ought to be the top priority discussion item. Mayor Youngman noted that the Commission had also previously determined it wants to receive any background information prior to the meeting, rather than at the meeting. The Commissioners reiterated their support for this requirement, noting they will not consider anything distributed at the meeting. City Manager Johnson encouraged the Commissioners to be definitive in what they . want to discuss, rather than simply identifying items like 9-1-1, so staff can be better prepared and to ensure that the discussion is productive. He proposed that discussion on the 9-1-1 program could include a discussion on the level of funding of the 9-1-1 budget and a discussion on how to develop a budget that makes sense to the 9-1-1 organization, possibly through a joint meeting. Commissioner Rudberg stated she would also like to know why the new 9-1-1 center is not being used and why the window is not yet open. Responding to Commissioner Smiley, the City Manager suggested that distributing copies of the minutes from the 9-1-1 Administrative Board meetings could keep the Commissioners apprised of their actions. Commissioner Frost stated that discussion on the percentages paid for the 9-1-1 program should also be included under that agenda item. He also recognized the importance of identifying a process for developing a preliminary budget which is acceptable to both governing bodies is very important. The Commissioners indicated an interest in knowing how much City taxpayers pay versus how much County taxpayers pay for the 9-1-1 program under the current funding split, e and asked that that information be included in the packets for the joint meeting. City Manager Johnson noted that once the budget for the 9-1-1 program is established and the acceptable level of risk identified, the burden should be placed back on the Administrative Board to operated within that budget. He then stated another topic of conversation might be multi-jurisdictional funding districts. Commissioner Rudberg asked that a discussion on West Babcock Street also be included on the agenda, to identify the next step and whose responsibility it is. She noted that if the City needs to take additional action, she would like to know what it is. Signing of Notice of SDecial Meetina Each Commissioner, in turn, signed the Notice of Special Meeting. Minutes - April 5. Ami! 19. Ami! 26. June 21. July 6. Julv 19. August 2. Auaust 16. SeDtember 7. SeDtember 20. SeDtember 27 and October 4. 1999 It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the minutes of the meetings of April 5, April 19 and September 27, 1999, be approved as e submitted. The motion carried by the following Aye and No vote: those voting Aye being . Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Youngman; those voting No, none. Commission Resolution No. 3329 - adoDt a voluntarv aoodwill DOUCV Droviding clean-up assistance for damage occurrina durina a blockage of a City wastewater collection main Included in the Commissioners' packets was a copy of Commission Resolution No. 3329, as approved by the City Attorney, entitled: 1 0-11-99 - 6 - COMMISSION RESOLUTION NO. 3329 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING A VOLUNTARY GOODWILL POLICY PROVIDING CLEAN UP ASSISTANCE FOR DAMAGE OCCURRING DURING A BLOCKAGE OF CITY WASTEWATER COLLECTION MAIN CAUSING WASTEWATER TO LEAK INTO A BUILDING. City Manager Johnson reminded the Commission that this proposed resolution was discussed during the work session on September 27. . It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that Commission Resolution No. 3329, establishing a voluntary goodwill policy providing clean-up assistance for damage occurring during a sewer main back-up, be adopted. 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. Proclamation - "Bozeman-Croatia International Friendship Dav" - October 11. 1999 Mayor Youngman read the proclamation into the record. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Commission concur in the Mayor's proclamation of October 11, 1999, as "Bozeman-Croatia International Friendship Day". The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Rudberg and Mayor Youngman; those voting No, none. The guests from Croatia, which included Mayors, Deputy Mayors, an economic advisor, a member of City government and an Administrative Chief, introduced themselves, _ through an interpreter. At the conclusion of each introduction, Mayor Youngman presented to the guest a copy of the proclamation, along with a cowboy hat key chain and a Bitterroot lapel pin. The guests thanked the City for the gifts, noting they exceed all expectations. They gave the City some books on Croatia, and invited the Commissioners to visit in the near future. Work Session - (C) Roundtable discussion with Croatian municiDalleaders and (D) Discussion re comDlaints in letter/Detition from residents on South Third Avenue and South Grand Avenue (C) Roundtable discussion with Croatian municipal leaders Mayor Youngman asked the Commissioners and staff members present to introduce themselves. She noted that when she met the Croatian municipal leaders at the reception, many of them had very specific questions about the City's operation, and the staff members who can respond to those questions are present. Responding to questions, Mayor Youngman indicated that the Commission hires the City Manager who, in turn, oversees the other employees in the City. She noted that when a new City Manager comes in, he or she may find that some of the department heads are not doing their work and choose to terminate their employment, but the department heads are not e automatically terminated when a City Manager leaves. In response to a question about the predominant problems facing the City at this time, old infrastructure, growth, increased traffic and the need for more police were identified. In response to questions about revenues, Administrative Services Director Gamradt estimated that 30 to 35 percent of the revenues come from general taxes and the remainder from user fees. 10-11-99 ..- -...--..-.-.. ---.--------.--..- - - 7 - Commissioner Smiley observed that people would like to see their neighbors governed by certain laws, but not themselves; the Croatians identified that as a very common problem. A question was raised about public transportation in Bozeman, followed by a suggestion that those who relinquish the use of their cars be given a break in their taxes. Responding to questions about infrastructure responsibilities, City Engineer Brawner stated he is responsible for overseeing infrastructure construction and maintenance, although private developers may be responsible for the actual extension of infrastructure. . In response to questions about economic development, City Manager Johnson indicated that the Gallatin Development Corporation, a non-profit organization, is responsible for economic development, rather than the City. One of the Croatian leaders noted he is an avid sportsman and asked how much the City is involved, financially or otherwise, in building sports facilities, and organizing and supporting healthy kinds of activities, stating this is probably one of the best cures for drug use and drug problems. The Commissioners responded by noting that the City has recently approved the construction of a skateboard park in an existing City park and funded a portion of the costs of a new pavilion at the Fairgrounds that will be used for hockey in the winter. They also noted that City staff and community volunteers help to organize various recreational activities and programs. Commissioner Smiley noted that the Main Street to the Mountains trail system has begun to connect the community to the mountains, and it is expected that the system will soon connect to a county-wide trail system. In response to a question about urban plans, the Commission indicated that the master plan is currently being updated to provide a plan through the year 2020. They e recognized that many plans are for a period of twenty years, although some infrastructure plans may be for as long as fifty years. Mayor Youngman thanked the Croatian leaders for attending this meeting, noting she would like to visit their beautiful country. Break - 5:03 to 5:08 D.m. Mayor Youngman declared a break from 5:03 p.m. to 5:08 p.m., in accordance with Commission policy. Work session (continued) (D) Discussion re complaints in letter/petition from residents on South Third Avenue and South Grand Avenue (D) Discussion re complaints in letter/petition from residents on South Third Avenue and South Grand Avenue Several residents from the South Third Avenue/South Grand Avenue neighborhood e were present for this discussion. In response to their questions about what the City is doing, various staff members provided a brief update. Planning Director Andy Epple distributed copies of a letter from Code Enforcement Officer Beall, dated September 16, providing the current status on complaints he has received in this area since 1992. He then stressed that the concerns raised in this neighborhood are not unique; rather, the problem arises throughout the community on a regular basis when the college year begins. He stated that someone has estimated there are 1200 illegal apartment units in the city, generally resulting from basement apartments being created without first obtaining building permits. He then briefly reviewed the information contained in the letter from Code Enforcement Officer Beall, recognizing that some of the problems which were previously 10-11-99 ~ - 8 - corrected may have recurred. He noted that the duplex at 1512 South Third Avenue was lawfully created in 1964 and remains a legal non-conforming use under the current zone code. He recognized that the property at 1533 South Grand Avenue is the one property creating the most serious and on-going problems, and that situation has been turned over to the City Attorney's office for processing. Responding to comments from residents, the Planning Director stated the Bozeman Municipal Code establishes that a household may consist of any number of persons related by blood or marriage, or not more than four unrelated persons. He noted that the situation at . 1533 South Grand Avenue involves an unlawful basement apartment conversion in addition to a significant number of residents. Responding to questions from the residents, City Attorney Luwe gave a brief overview of the prosecution process in his office. He noted that Staff Attorney Cooper has been reviewing this request and has indicated that he is very close to making a decision on how to proceed with the request for prosecution. He cautioned that the zone code definition of family is close enough to Missoula's, which has been challenged, that that cannot be a basis for prosecution, but there are enough other bases upon which to proceed. He then indicated that the elapsed time between receiving the request for prosecution is standard, in light of the workload in his office and the number of lawsuits on which his staff is working. He stressed that this is the only request for prosecution his office has received. The City Attorney noted that it appears a good definition of family has now been developed, and staff will prepare an ordinance for Commission consideration in the near future. He then stressed that the number of people in the residence seems to be only one small part of the problem, with nuisances and loud parties being the basis for complaints. One of the area residents expressed concern about the length of time it takes to address a violation, stating "it doesn't take a rocket scientist to drive any street and see the violations", based on the number of cars parked on the street. He then expressed concern about the integrity of this neighborhood and stated he wants to protect its single-family e residential character rather than allowing rentals filled with college students to degrade it. City Attorney Luwe assured those in attendance that the same situation exists in other areas of the community, including his own. He recognized the community concern and stated he is committed to looking at different ways to address it. He then indicated that the neighbors can also take legal action against the violators if they wish, rather than waiting for the City to initiate the process. Assistant City Manager Ron Brey noted that the only change in zoning to affect this area was to change it from multi-family to single-family residential. He then noted that staff has used the definition of family to correct a number of situations around the community, but the Human Rights Commission has raised questions about that definition. He then indicated this is one situation in which the property owner is not responding to the initial enforcement steps, and the City does not have the capabilities initially anticipated. Commissioner Rudberg asked how many of the houses which are creating problems in the area have absentee landlords. She noted that some landlords live elsewhere, some purchase homes in their children's names, some landlords live in the community but not in the rental unit, and some landlords live in the home while renting out a portion of it. e The area residents indicated that each of those situations exists in their neighborhood. Commissioner Rudberg noted that many communities have adopted ordinances requiring the use of a property manager if the property owner lives more that fifty miles from the community. She then indicated that she had a problem with a rental property in her neighborhood, and she called the landlord to get the problem resolved. One of the residents responded that it is not his place to enforce the City's zoning ordinances and expressed concern that the zone code lacks teeth. 10-11-99 -.....---- - "_,,... .._.u..""..._.._. ____ _._______.__...___n. - 9 - City Attorney Luwe stated that, even if the current definition of family is determined invalid, the City may still have other mechanisms for ensuring compliance. Mayor Youngman noted that, historically, the concerns voiced by the neighbors are correct, noting that staff did not have much policy direction to push on this issue when the housing market was tight. She noted that the housing availability has changed recently, however, so enforcing a reasonable number of tenants per residence should no longer result in the complete displacement of an individual. She also expressed interest in pursuing the absentee landlord issue. She concluded by stating this is an issue to be addressed on a community-wide basis, rather than in just one small area. . Commissioner Smiley noted that yesterday's newspaper included three columns of apartments and houses for rent, which she views as still being low. She recognized that, with the beginning of each school year, a number of issues and problems arise, including problems with dogs, signs on poles and garbage. She then questioned whether a limit can be placed on the number of permits issued per residence within the parking district, similar to the current limit on guest parking permits, as a way to help address this problem close to campus. City Attorney Luwe noted that under the parking district provisions, each resident in the district is allowed a parking permit, although there is a limitation on the number of visitor passes. He then agreed that enforcement should be more immediate, and suggested that revising the code to give the Code Enforcement Officer the ability to issue citations might be appropriate. Mr. Jeff Rupp, resident, stated the students aren't the problem; it's the landlords who find they can rent to more people and make more money. He then stated that, no matter how the zone code is amended, stricter enforcement is needed. Responding to Commissioner Rudberg, the neighbors identified the elimination of overcrowding in the houses and enforcement of the laws as their primary interests. They noted that talking to the landlords has not produced results to date. . City Attorney Luwe encouraged the neighbors to provide detailed information to the Code Enforcement Officer, based on their observations, so he can identify the problem and have sufficient evidence upon which to proceed. Responding to Mr. Rupp, the City Attorney indicated that a violation of the zone code may be processed either as a criminal offense, which is a misdemeanor, or as a civil offense, which may include an injunction on future use. Following additional discussion, MayorYoungman suggested that she provide monthly reports to a spokesperson for the neighborhood. The neighbors identified Mr. Jeff King as their liaison for this purpose. She then concluded this agenda item by thanking the South Third Avenue/South Grand Avenue residents for attending. Adjournment - 6:20 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Smiley, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those . voting No. none. 10-11-99 - 10 - MA~~U~~ ATTEST: . (i~./~ ROBIN L. SUlLIVAN- Clerk of the Commission .. - . - . - . . 10-11-99 -----------