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HomeMy WebLinkAbout1999-08-09 Minutes, City Commission ---..----..--- MINUTES OF THE AGENDA MEETING/WORK SESSION OF THE CITY COMMISSION BOZEMAN, MONTANA August 9, 1999 ***************************** - The Commission of the City of Bozeman met in agenda meeting and work session in the . Commission Room, Municipal Building, on Monday, August 9, 1999, at 3:00 p.m. Present were Mayor Youngman, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, City Manager Johnson, Assistant City Manager Brey, Staff Attorney Cooper and Clerk of the Commission Sullivan. The meeting was opened with the roll call, Pledge of Allegiance and a moment of silence. Presentation by recresentatives from Senator Baucus' office Ms. Chris Niedermeier, Senator Baucus' Chief of Staff in Washington, and Sharon Peterson, Montana Director for Senator Baucus, were present. Ms. Niedermeier stated that their purpose is to reach out to communities, to listen to their concerns and see how they can be of assistance. She then noted that she met briefly with Mayor Youngman just prior to this meeting regarding her concerns, and will forward those as well as any others the Commissioners may identify. Commissioner Frost stated that, for a long time, he has been concerned about the ISTEA . monies and how long it has taken to get them through the State and down to local governments. Ms. Niedermeier stated that Senator Baucus has called two meetings with Montana Department of Transportation officials, contractors and others; and indicated this is an issue in which the Senator is particularly interested. She then noted the County is interested in seeing CTEP monies go directly to local governments rather than through the bureaucracy. Commissioner Smiley noted that local governments have difficulties with both the Montana Department of Environmental Quality and the Montana Department of Transportation, both because they are both extremely slow and tend to create obstacles. Ms. Niedermeier noted that one of the issues generally raised when she is in Bozeman is the appropriation for sewer projects. She noted that the appropriation is moving slowly through the system because of the balanced budget and caps that have been imposed. She then noted that, after an intensive September and October, more answers should be available. Mayor Youngman thanked Ms. Niedermeier and Ms. Peterson for attending the meeting. Aaenda Meetina - for reaular meeting and DubUc hearinas to be held on August 16. 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) Assistant City Manager Brey stated that, as the result of a lengthy visit with representatives from the Department of Environmental Quality and dis cussions with Commissioner Smiley, this ordinance will be back in its original form for Commission consideration at next week's meeting. He briefly highlighted the results of his telephone call, 08-09-99 .- .--- -..-----. - 2 - noting that while Bozeman has not had any exceedences which would trigger corrective measures as a non-attainment community, it has been identified as "at risk". Because of that designation, representatives from DEQ recommend that the City now allow burn barrels, due to their tendency to smolder and because it is difficult to control what is put into them. Commissioner Smiley requested that a copy of the ordinance be included in the Commissioners' packets. (5) Responding to questions from Commissioner Rudberg, Staff Attorney Patricia _ Day-Moore stated that adoption of Ordinance No. 1502 is necessary to bring that section of . the code into compliance with the ordinance in the previous agenda item. (6) Assistant City Manager Brey noted that, distributed just prior to the meeting, was a revised copy of this resolution. He briefly highlighted the proposed composition of the new Zoning Commission, noting that the five citizen members of the City Planning Board seem to be willing to serve on this board as well. Commissioner Rudberg questioned how five members of the Planning Board, whose terms expire on January 31, 2000, can be appointed to two-year staggered terms on the Zoning Commission. Assistant City Manager Brey stressed that members of the Zoning Commission do not need to be members of the Planning Board. He then noted the Commission has no choice on the term expirations on the Planning Board, but staff wrote this resolution to provide for staggered terms, since that is generally desired. He stated this resolution will be effective until the interim zoning ordinance is replaced. He suggested the Commission could revise the resolution prior to its adoption, noting that an option would be to establish an initial term which expires on January 31, 2000, to coincide with the terms on the Planning Board if it so desires. He recognized the importance of continuity on the boards until after the transition is complete; however, he suggested that by January 2000, that issue may not be as critical as it is today. . Staff Attorney Tim Cooper stressed the importance of remembering that the City Planning Board and the Zoning Commission are two separate boards, and their meetings cannot be combined. He also noted that there is no requirement to be a member of one to be a member of the other, and having different term expirations could help to draw the distinction between the two boards. (10a) Commissioner Rudberg requested that this item be removed from the Consent Items. She also asked that the following questions be answered at next week's meeting: how many people have been served in the past with this grant; how many actually went into business; how many are still in business; and are those one-person businesses or have additional jobs been created as a result of the grant? Commissioner Smiley stated that any additional information about the program, such as a brochure, would be helpful. (10b&c) Commissioner Rudberg asked if city taxes have been paid on this parcel and, if so, asked that steps be taken to ensure that it is removed from the tax rolls. Assistant Planning Director Debbie Arkell stated that city taxes have been paid on this 35-foot by 150-foot parcel, and she will make sure the County Assessor is aware that the parcel has been deannexed once the process is completed. . ( 1 Oe) Commissioner Rudberg asked that the gentleman be given a date certain by which he must have this document signed, particularly since this settlement agreement is the result of mediation and agreed upon terms. (14) Commissioner Smiley noted that the Recreation and Parks Advisory Board has scheduled a special meeting for August 23 to consider this item and forward a recommendation, so the Commission will need to postpone its decision to September 7. 08-09-99 .--. ---..--.--.--..----.--..... -... - -,,-- -- ,,- - 3 - Mayor Youngman indicated she will contact representatives from both sides of the issue, so they can avoid appearing twice. City Manager Johnson distributed to the Commission a memo from Superintendent of Facilities and Lands Goehrung, dated August 4, forwarding a listing of City properties and a blank rating sheet with the skate park selection criteria used by City staff to identify possible locations for the facility. He noted that another option not listed is the Fairgrounds. Commissioner Smiley requested a copy of the rating sheet which was completed by City staff. . (16&17) City Manager Johnson stated that staff has prepared slide shows for these two agenda items. Commissioner Rudberg stated she has received a number of telephone calls regarding the tree maintenance district assessment and who plants and owns boulevard trees and who is responsible for them. She noted it has been a long time since the pamphlet about the City's tree program was mailed out and asked that Forestry Foreman Ryon Stover be present at next week's hearing to respond to questions. Responding to the City Manager, the Commissioners indicated an interest in receiving a copy of the slide presentation in their packets. ( 18) Historic Preservation Planner Derek Strahn gave a brief overview of this application, noting that staff is recommending approval subject to the two boilerplate conditions. Commissioner Rudberg suggested that if the Commission is continually looking at the same deviations, they should not be deviations. She then proposed that, if they must continue to be processed as deviations, they be placed on a consent agenda, particularly since they can . be pulled for discussion if someone wishes to talk about a specific proposal. Commissioner Rudberg then expressed concern about the comments in the staff report about skylights, noting that similar comments have been included in past staff reports. She characterized skylights as being energy saving and light saving and being used to create a more livable space. She further noted that this is a neighborhood conservation area, not an historic area, and that factor should be taken into consideration. Responding to Commissioner Rudberg's comments, Historic Preservation Planner Strahn stated that staff is looking at possible ways to streamline the deviation process as part of the new zone code. He then indicated that staff reports address the issue of skylights because they are included in the Secretary of Interior's standards, which are the criteria by which deviations are reviewed. He stressed that, in this instance, staff is supporting the proposed skylights. Commissioner Smiley stated that she has been in this house and is impressed with the work they have done in an effort to remain in the home and raise their two children. She then suggested that those issues which continually resurface during reviews and public hearings should be addressed through code revisions. Commissioner Frost stated he likes to use the Secretary of Interior's standards, . characterizing them as objective and fair and noting that they provide a base against which to consider all applications. He then indicated that if code revisions can be made to accommodate some of the standard deviations, that would be acceptable. Assistant City Manager Brey cautioned that the Secretary of Interior's standards are also used for the historic tax abatement program and the tax credit program, and have been used in the City's zoning program to ensure that modifications would be eligible for tax breaks. Responding to additional comments from Commissioner Rudberg, Historic Preservation Planner Strahn cautioned that houses currently in the conservation overlay district could become historic, citing the Sam Lewis House as an example. He then indicated that, if the 08-09-99 - 4 - Commission wishes, it could consider adopting standards for design review for properties within the neighborhood conservation overlay district and the historic districts. ( 19) Assistant Planning Director Debbie Arkell gave a brief overview of the requested variance to subdivision regulations, reminding the Commission that the criteria for review are slightly different from those for zoning variances; and a simple majority vote is required for approval. She then noted that, in light of the costs of extending the South 11th Avenue and Graf Street roadways through the development, the Development Review Committee has recommended approval with no conditions attached. She stated that a gravel emergency . access was discussed as a possible option; however, Fire Marshal Chuck Winn voiced his strong disapproval of that idea. Responding to Commissioner Rudberg, the Assistant Planning Director stated that State statues require the governing body to make the decision on variances, so the DRC has no authority to do so. (20) The Assistant Planning Director stated that the developer has requested this item be continued to September 20, in an effort to better determine the timing of the installation of the traffic signal. (21 ) Associate Planner Chris Saunders gave an overview of the requested modifications to conditions, noting that staff has reviewed the request and forwarded a recommendation for approval, with more restrictive language than requested. He indicated that staff is willing to support the issuance of foundation only permits until the traffic signal has been activated, but not full building permits as requested. (22) Assistant Planner Therese Berger reviewed this application, under which the core area of the downtown business district would be extended from Rouse Avenue to Broadway Avenue and the parking requirements amended within that area. She noted that staff has recommended denial of the application. She encouraged the Commissioners to review both the . Downtown Improvement District Plan and the Urban Renewal Plan in preparation for this hearing. Responding to Commissioner Smiley, the Assistant Planner stated that the existing uses which would become non-conforming under this proposed change would be grandfathered. Work Session - (A) UDdate re status of master Dlan uDdate - Plannina Director EDDie: (B) Discussion re Dossible ballot issues for (1) senior transDortation milllevv and (2) city-wide Dark maintenance district (A) Update re status of master plan update - Planning Director Epple Distributed at the beginning of this presentation was a memo from the Planning Director, dated July 14, attached to which was a memo from Associate Planner Jody Olsen, dated July 13. Planning Director Andy Epple noted that last fall and early winter, staff was making significant strides in the process of updating the master plan when transition from a City- County planning program to the County assuming jurisdiction of the extraterritorial area occurred. He reminded the Commission that last year, two additional FTEs were funded for a period of 18 to 24 months so the Planning Department could transfer two of its existing . personnel, Associate Planners Jody Olsen and Chris Saunders, into long-range planning with their assignment being to complete the master plan update. He noted, however, that they had assigned projects to complete, so much of their time between October and December 1998 was spent in wrapping up those projects. The Planning Director stated that the master plan update project is referred to as the "Bozeman 2020 Planning Project", and the intent is to create a twenty-year long-range plan for the community. He reviewed the information in his memo, noting that the work completed to date falls into three basic categories: public outreach, committee organization and survey development, and technical background studies and contract administration. He stated the 08-09-99 -------- - 5 - disbanding of the City-County Planning Board and subsequent creation of a new City Planning Board have resulted in a slowing down the project. Associate Planner Chris Saunders distributed copies of Senate Bill 97 to the Commission, noting that it contains new requirements for long-range planning in Montana. He stated that what was previously referred to as the "master plan" or "comprehensive plan" is now referred to as the "growth policy", and a number of requirements have been added. He noted that the new law is designed to help ensure the growth policy is a living document and not just completed and put on a shelf. He stated that the document must also include several . specific items, such as community goals and objectives; maps identifying land uses, population, housing needs, economic conditions, local services, public facilities and natural resources; projected trends for those elements; and a description of how the goals and objectives are to be implemented. He also noted that strategies for development, maintenance and replacement of public infrastructure is to be included in the growth policy, and the City's recently adopted water facilities plan and wastewater facilities plan and the new update of the transportation plan are important components. He noted that updating of the transportation plan is scheduled for completion in June 2000, and the close tracking of both plans should help to prevent conflicts between that plan and the growth policy. Responding to Commissioner Smiley, the Associate Planner stated he has master plans from several different communities in his office, and they are available for Commissioner review. Associate Planner Jody Olsen distributed copies of the information sheet on the public participation tool kit and the publicity tool kit and the latest version of the community characteristic and opinion survey to the Commissioners. She also showed the Commission two different designs for a subdivision in the Valley West Annexation, as prepared using the Smart Places software that is currently being tested under a GIS grant. She noted that one model is a grid subdivision, based on the development in the Valley Unit Subdivision, while the other is a blend of neotraditional and older neighborhoods, with a mix of uses. She stated this . information has been prepared in digitized format and has been transferred to the GIS Intern for further analysis. She noted that once the costs of developing and maintaining both models have been developed, she will draft a final report to the State. She also noted that this type of information could be beneficial during development of the new growth policy. Associate Planner Olsen turned her attention to the master plan update process, noting that one of the major areas of work has been on public participation. She stressed the importance of beginning this portion of the process as quickly as possible, in an effort to remain somewhat on schedule for completion of the new growth policy by the end of this fiscal year. She reviewed the information distributed to the Commission, noting that four issues of the Bozeman Area Planning News newsletter have been prepared and distributed, and it is anticipated that they will be continued. She stated that a mini-census questionnaire/survey has been drafted and revised, and the primary purpose of that document is to provide statistical information upon which to base the growth policy. She indicated that this survey is to be sent to a statistical sampling selected from the water and sewer records. The Associate Planner characterized the community visioning/kick-off event, or open house, as one of the critical steps in the process. She noted the purpose of this event would be to provide publicity and allow for direct collection of information from those who attend. She indicated that is to be followed by making presentations to various civic groups, and meetings with focus groups and special interest groups as well as neighborhoods. She noted that, close to the end of the process, another open house is to be scheduled to review the . goals and objectives that have been identified; and the concluding steps are the public hearings before the Planning Board and the City Commission. Mayor Youngman noted that one of the things missing from the information submitted is the actual elements to be included in the growth policy. She noted that the Commission should have some input on the elements and asked that the list which has been developed be forwarded to the Commission for review and input. She then cautioned that some of the information anticipated to be included in some of the facilities plans has not been, citing strategies for water resource management and water conservation as examples. She also 08-09-99 .... ._ n...___.__._____ - 6 - noted there are documents like the Parks, Open Space and Trails (POST) Plan that need additional work before being incorporated into the growth policy. Planning Director Epple stressed the importance of recognizing that the City doesn't "need to reinvent the whole wheel, but maybe just add a few spokes" on some of the elements. Mayor Youngman stated she feels that Commission input early in the process would be beneficial. She then stated the information submitted is not detailed enough and asked for sub- . steps and more detailed timeframes. She also noted it does not appear enough time has been provided for public participation or text development. Associate Planner Olsen recognized the need for a detailed scope of work, including timelines, and a public participation plan. Planning Director Andy Epple stated that he expects, within the next couple of months, that the City Planning Board will develop a revised work plan which includes more detail. He noted that the goal set internally for completion of the growth policy is the end of the fiscal year; however, because of the momentum lost with the change in the planning process, it may take two to four months longer to complete. He then indicated that efforts will be made to keep the process from bogging down or becoming spread out into other areas. Mayor Youngman stated her general support for the process, stating that what appears to be missing is identifying the goals and implementation strategies. She stressed that these cannot be set in a single meeting, but require a series of meetings at which a continuity of participants is critical. She suggested that this could possibly be accomplished through the selection of a task force. Planning Director Epple noted that one option discussed was assigning various elements to individual Board members, or possibly having a Board member lead a task force. He also suggested that this step could be spin out of the kick-off meeting. In response to additional . comments from the Mayor, the Planning Director stated that not only will the existing plans be woven into the growth policy, but police, fire and recreation needs must also be blended into the process. He characterized the final document as a blending of hard and soft values in the community, and recognized that a substantial amount of coordination will be required. Mayor Youngman noted that under SB97, an emphasis on implementation strategies has been identified. She asked when the public participation in that process is to be started. She noted that it is generally quite easy to reach consensus on visioning and goal setting, but identifying the implementation strategies is when differences occur. Commissioner Smiley suggested that an e-mail list be developed and maintained, and that it be used to send out information quickly. Mayor Youngman suggested that information be posted on the City's web site so that it can be easily accessed by others who are interested in the process. Responding to Commissioner Rudberg, the Planning Director stated that the City Planning Board will review this project at its meeting next Tuesday night. He asked that Commissioner input be forwarded by next Monday so that the Planning Board can consider it during that discussion. . Commissioner Rudberg asked for a work session to discuss the results of the recent study of the planning process completed by the public administration class at MSU. She noted there is some valuable information in that study which the Commission should review. (8) Discussion re possible ballot issues for (1) senior transportation mill levy and (2) city-wide park maintenance district (1 ) senior transportation mill levy City Manager Johnson noted that any items to be included on the ballot in November 08-09-99 ...----. - - 7 - must be submitted to the Clerk and Recorder's Office no later than August 19. He then distributed copies of Section 7-14-111, M.C.A., noting that it does not require a public vote on the mill levy for transportation services for senior citizens and persons with disabilities. He stated that if the Commission wishes to forward it as a ballot issue, however, it must adopt a resolution at next week's meeting. Commissioner Frost noted that the State law allows for "up to one mill of property taxes", stating that the City has previously funded this transportation in the amount of $15,000 annually, which is slightly under one-half mill. He then asked if the City would - continue funding it as it has in the past if the mill levy fails. . City Manager Johnson stated that if the mill levy passes, the monies will automatically be generated for this purpose. He stated, however, if a mill levy is not approved, then the Commission must consider whether to fund the transportation program annually as it adopts the budget. City Attorney Luwe noted that, under SB184, the City can make itself whole in funding of the budget at the same level as in the past. He stated, however, that any increases in the level of spending must be submitted to a vote of the people. Commissioner Rudberg noted that this proposed mill levy would be in addition to the monies already being paid for senior services. She then asked that the following information be provided at next week's meeting: how much county residents pay into a senior levy at the present time, how much is collected from that levy, and how much of that is paid by city residents. She also asked for information on how much the City is paying for the senior center and any other senior citizen programs or activities. She expressed concern that the Commission is now being asked to consider another mill levy and, while it would provide continuity for the program even with changing Commissions, funding can still be provided through a line item in the budget. . The City Manager indicated that staff will get an accounting of the county mill levy, for inclusion in the packet. Responding to Mayor Youngman, the City Manager stated that if the ballot issue is written to allow up to one mill levy for senior transportation, the Commission could then decide annually how much of a mill it wishes to levy, and that amount can vary. Mayor Youngman noted that part of the campaign would need to be that the mill levy would be established each year during the budget process, with the contribution being made to GalaVan. Responding to Mayor Youngman, Assistant City Manager Brey stated that SB184 is silent on the percentage of voters necessary for passage of a mill levy, so it is assumed a simple majority of those voting would be sufficient to approve the levy. Commissioner Frost stated that if the authority in the mill levy is for up to one mill, it could accommodate future expenditures for transportation services. He stressed, however, it is important to inform the public that not all of the monies will necessarily be collected or spent every year. Commissioner Rudberg asked for a two-year breakdown of the GalaVan budget, . including all revenues and expenditures, the regular operating budget, and the results of the final audits. Responding to Mr. Bill Hayward, Chair of the GalaVan Board, Mayor Youngman noted that the Commission is willing to place the mill levy on the November ballot since a City election is already being held; however, she stated there is resistance on the Commission table to putting the question on a mail ballot because of the additional costs that would be involved. City Manager Johnson concluded the discussion by reminding the Commission that if a decision is not made on August 16, this item will not be on the November ballot. 08-09-99 __n.___ -.- . - 8 - (2) city-wide park maintenance district City Manager Johnson stated that, in light of new information he received today, staff is not in a position to make a recommendation on this item. He suggested that it may be better to consider it later, possibly for inclusion on the ballot during the spring election. In light of the short timeline for placing issues on the ballot, the Commissioners decided they had no other items to forward at this time. . Discussion - Commissioner Droiects ( 1 ) Commissioner Smiley distributed copies of research which has been completed on earth changes and earthquakes, noting the information is particularly interesting because it includes volcanic changes around Yellowstone Park. (2) Commissioner Smiley stated she is concerned about the naturalized parks and suggested signs be posted that say this is a naturalized park and that it will not be mowed. She noted that this would discourage people from mowing them. Mayor Youngman noted this is an issue that needs to be reviewed by the Recreation and Parks Advisory Board prior to Commission consideration. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1 ) Invitation to attend the Health Department's Brown Bag Lunch seminar to be held . at noon on Friday, August 13, at the Courthouse. (2) Memo from County Attorney Lambert, dated July 30, regarding the target date for completion of the new victim services office. City Manager Johnson noted that the City has dedicated the surcharge for Fiscal Year 1999-2000, to the victim witness program but has not earmarked it for remodeling of Room 313 at the Law and Justice Center. (3) Copy of a letter from Engineering Assistant Kerr to property owners in the immediate area of 23 North Tracy Avenue notifying them of a new handicapped parking space. Commissioner Rudberg expressed concern that many of the property owners to whom this letter was sent live in other places. She cited this as another example of why the Commission should consider requiring a property manager for all properties where the property owner lives more that 50 miles from Bozeman. (4) Notice from the Gallatin County Planning Board, dated August 5, announcing upcoming community outreach meetings. (5 ) Newsletter from Headwaters Recycling announcing that the next meeting will be . held in Three Forks at 10:00 a.m. on August 11. (6) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, August 10, in the Commission Room. (7) Agenda for the Design Review Board meeting to be held at 3:30 p.m on Tuesday, August 10, in the Commission Room. (8) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, August 10, at the Courthouse. 08-09-99 - 9 - (9) City Manager Johnson noted that he has received an invitation from Joe Driskell, Project Coordinator for the Gallatin County Treatment Court, to attend a seminar from 3:00 to 5:00 p.m. on Wednesday, August 11, at the Courthouse. He indicated that the Commissioners are also invited to attend this seminar. (10) The City Manager stated that he has received a letter from the Gallatin County Commission regarding restructuring of the Board of Directors for the Water Quality District. He asked if the Commissioners want this item added to the agenda. _ The Commissioners asked the City Manager to respond, recognizing that they may need to appoint a new citizen member as a result of approving the restructuring. (11 ) Commissioner Smiley submitted the following. (1) Stated that last week's City Planning Board was interesting and the Recreation and Parks Advisory Board meeting was good. (2) Distributed a copy of the Planning Board members and their addresses and telephone numbers to the Commission. (3) Distributed copies of a newspaper article on entitled Corps retreating from wsetlands enforcement, as initially reported in The Boston Globe. (12) Commissioner Rudberg submitted the following. (1) Asked questions about the scheduling of upcoming agenda items, including the beautification awards, the bond sale for the sidewalk programs, and consideration of an annexation and zoning application. (2) Objected to being surprised by the presence of representatives from Senator Baucus' office at today's meeting and the addition of an agenda item, stating that Commission meeting is not an appropriate place for politicians. ( 13) Mayor Youngman submitted the following. (1) Stated that she attended a meeting this morning with the representatives from Senator Baucus' office and many Bozeman women and business owners. She found the meeting interesting and valuable. (2) Noted the Commissioners have received an invitation to attend the Food Bank dinner, and indicated she will put copies in the mailboxes. (3) Stated that last week, she met with Marina Brucher, a . Romanian parliamentary advisor who is working to advance women's activities in city government. (14) Ann Arbor Miller, reporter for the Bozeman Daily Chronicle, introduced Ron Tschida, her replacement in covering the City. Adjournment - 5:32 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 Youngman; those voting No, none. M~~~r ATTEST: · C?~ oZJtp~ ROBIN L. S~:UV~N _ Clerk o-f the-CommissiQn -~, --~-- - --~~ ....;. . . ~ - "-'-- ~~2".~ '-~'.' - 08-09-99 .- . - -- -