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HomeMy WebLinkAbout1999-07-26 Minutes, City Commission :...,. '. MINUTES OF THE AGENDA MEETING/SPECIAL MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA July 26, 1999 ***************************** . The Commission of the City of Bozeman met in agenda meeting and special meeting in the Commission Room, Municipal Building, on Monday, July 26, 1999, at 3:00 p.m. Present were Mayor Youngman, Commissioner Smiley, Commissioner Frost, City Manager Johnson, Assistant City Manager Brey, City Attorney Luwe and Clerk of the Commission Sullivan. Commissioner Rudberg was absent. The meeting was opened with the roll call, Pledge of Allegiance and a moment of silence. Authorize absence of Commissioner Rudbera from this meeting. in compliance with Section 7-3-4322(2), M.C.A. It was moved by Commissioner Smiley, seconded by Commissioner Frost, that the absence of Commissioner Rudberg from this meeting be approved in compliance with Section 7-3-4322(2), M.C.A. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Frost and Mayor Youngman; those voting No, none. Agenda Meeting - for reaular meeting and Dublic hearinas to be held on Auaust 2. 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 Planning Director Debbie Arkell gave a brief overview of the staff report on behalf of Assistant Planner Joni Killebrew, noting that a portion of the property is inside city limits, while a portion lies outside the city limits. She then briefly reviewed the recommendation for approval, subject to eleven conditions. (5) The City Manager noted that the application is available for review in the Clerk of the Commission's office. (6) The City Manager noted that the revised ordinance will be in the Commissioners' packets on Thursday. (7) The City Manager indicated that the City is awaiting signatures on this agreement and, if it is not received in time, this item will be postponed once again. City Attorney Luwe suggested that this item be moved to the Consent Agenda, noting . that it can be removed if anyone from the public or a Commissioner wishes to discuss it. (8) The City Manager noted this is a mayoral appointment, so there will be no motion. City Manager Johnson stated that the order of the evening agenda will be changed, so that Nos. 20 and 21 are considered first. (20) Assistant Planning Director Debbie Arkell gave a brief overview on behalf of Assistant Planner Joni Killebrew and distributed a letter received on July 20 requesting that the Commission not require the payment of street impact fees for the existing structures at the time of annexation. She noted a conversation with Impact Fee Coordinator Chris Saunders 07-26-99 --.--- .. ----- .."....---..- ---..... - 2 - revealed that street and fire impact fees are typically collected for existing structures at the time of annexation; however, that is a discretionary action, and the Commission has the authority to approve this request if they wish. She then gave a brief overview of the staff's findings and recommendations for approval. City Attorney Luwe reminded the Commissioners that the conditions attached to approval of a request for annexation actually become the terms included in the annexation agreement. He then indicated that he will prepare a possible motion for approval of the annexation requests on this agenda, if the Commission wishes to act favorably. . Mayor Youngman asked if the mobile home on the adjacent property is being required to pay impact fees in conjunction with annexation, noting that she wants to be consistent. (21 ) The Assistant Planning Director stated, following its public hearing on this application, the City-County Planning Board recommended that the property be rezoned to "RS" rather than the "R-1" designation sought be the applicant because of the commercial use that exists on the site. City Attorney Luwe briefly reviewed the form of the motion, noting that he will provide a written copy prior to next week's meeting. ( 15) City Manager Johnson stated the Recreation and Parks Advisory Board has asked the Commission to conduct a public hearing on this requested park master plan amendment on August 2, after which the Board will consider the issue at its August 5 meeting and forward a recommendation back to the Commission. He noted that a good size crowd is anticipated. Responding to Commissioner Frost, the City Manager stated that he has been talking to Fairgrounds Manager Sue Shockley about possible locations for a skate park at the Fairgrounds, noting that the area currently used will soon become the East Oak Street frontage of the Fairgrounds and could be a very nice location. . Mayor Youngman noted that people have been concerned about the obscure, unsupervised, industrialized character of the area currently being used at the Fairgrounds, particularly since this is one of the least supervised activities in which people engage. She recognized that extension of the street could change the circumstances enough to make this an acceptable location. ( 16) Assistant Planning Director Arkell gave brief overview on behalf of Senior Planner Dave Skelton, noting the subject parcel is currently in farmland. She characterized this as a straight forward application and briefly highlighted the issues which have been identified for inclusion in the annexation agreement. Responding to Commissioner Smiley, the Assistant Planning Director stated that casinos are allowed as a conditional use in the requested "M-1" zone; however, the entryway overlay district restrictions will apply to a majority if not all of the parcel. ( 17) The Assistant Planning Director provided a very brief overview of this application, noting the applicant's intent is to develop a business park with office complexes. ( 18) Assistant Planner Therese Berger gave a brief overview of this application, which involves the southern portion of a property along West Lincoln Road. She then briefly . highlighted some ofthe conditions, which include requirements for extending City infrastructure along both sides of the property and executing a number of waivers. ( 19) Assistant Planner Berger gave an overview of this application for rezoning to "R-3" on the entire parcel considered in the previous agenda item. She stated the requested zoning does comply with the master plan; however, staff has recommended that the parcel be rezoned "R-2" instead, after determining it would be more consistent with the area. She noted that after holding its public hearing, the Planning Board recommended denial of the application, noting that the applicant should seek a less dense zoning rather than having the City enact it. 07-26-99 -----. -..-------- '~'".'," .----.--..- - 3 - (New Item) Mayor Youngman requested that an item be added to the agenda under which she can provide a brief refresher on the rules of procedure and give an overview of how she wishes to run Commission meetings. City Manager Johnson stated he will add it as Item 3A. Sianina of Notice of Soecial Meeting . Each Commissioner, in turn, signed the Notice of Special Meeting. Award sale of bonds for Soecial Sidewalk Curb. Gutter and Alley Aooroach Bonds. Series 1999 Distributed prior to the meeting was a memo from Administrative Services Director Miral Gamradt, dated July 26, forwarding the results of the bid opening. City Manager Johnson recommended that, in light of the differences in the manner in which the bids were submitted, the bids be rejected and readvertised. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the bids for bonds for the Special Sidewalk Curb, Gutter and Alley Approach Bonds, Series 1999, be rejected and that staff be directed to rebid the bonds. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No, none. Ordinance No. 1501 - emeraency interim ordinance establishing orocedures for administration of subdivision reaulations within city limits and accommodate transition in authority in extraterritorial area . Included in the Commissioners' packets was a revised copy of Ordinance No. 1501, as approved by the City Attorney, entitled: ORDINANCE NO. 1501 AN EMERGENCY INTERIM ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING PROCEDURES FOR THE ADMINISTRATION OF THE MUNICIPAL SUBDIVISION ORDINANCE WITHIN THE CITY LIMITS, TO ACCOMMODATE THE ANTICIPATED CEDE OF PLANNING AUTHORITY IN THE EXTENDED JURISDICTIONAL AREA OF BOZEMAN FROM THE CITY OF BOZEMAN TO GALLATIN COUNTY, AND TRANSFERRING THE POWERS AND DUTIES OF THE CITY-COUNTY PLANNING BOARD, TO THE CITY PLANNING BOARD AND THE CITY COMMISSION. Planning Director Andy Epple reminded the Commission that action on this ordinance was table at last week's meeting to give staff an opportunity to make needed revisions prior to adoption. He noted those revisions have been made and the new ordinance was forwarded in the Commissioners' packets. He then briefly reviewed the provisions in the ordinance, noting that with adoption today, it will be in place when the County Commission takes its action to disband the city-county planning program at its meeting tomorrow. . It was moved by Commissioner Smiley, seconded by Commissioner Frost, that Ordinance No. 1501, the emergency interim ordinance establishing subdivision regulations within the city limits, be adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Frost and Mayor Youngman; those voting No, none. Commission Resolution No. 3305 - authorizina submittal of aoolication for EPA arant; authorizing City Manager to execute necessary documents Included in the Commissioners' packets was a copy of Commission Resolution No. 07-26-99 .----.-.--..-- ...---..... - 4 - 3305, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3305 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, AUTHORIZING FILING OF APPLlCA TION WITH THE ENVIRONMENTAL PROTECTION AGENCY, UNITED STATES OF AMERICA, FOR A GRANT UNDER THE WATER POLLUTION CONTROL ACT (33 U.S.C. 466, ET SEQ.). . It was moved by Commissioner Frost, seconded by Commissioner Smiley, that Commission Resolution No. 3305, authorizing submittal of an application for an EPA grant and authorizing the City Manager to execute the necessary documents, be adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No, none. Selection of fifth Commissioner It was moved by Commissioner Smiley, seconded by Commissioner Frost, that this item be tabled to next week, when Commissioner Rudberg can be present and participate in the vote. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Frost and Mayor Youngman; those voting No, none. Mayor Youngman noted that during last week's discussion, the Commission agreed any discussion on process would be put on hold until Commissioner Rudberg returns. She also noted that they decided if Bob Hawks was able to serve, the Commission would vote today and, if the matter was not resolved, further discussion and action would be delayed. Commissioner Smiley stated this is a big decision, and she feels all of the Commissioners . need to be involved. . Mayor Youngman noted that at last week's meeting, she specifically asked if anyone wanted to add more names, but did not receive any indication that there was any interest in doing so. She then recognized the importance of clarifying such issues in the Commission meeting, not outside the meeting. She noted that if the Commission had taken action to appoint at last week's meeting, the single candidate under discussion would not have been treated so badly. Commissioner Smiley recognized the importance of brushing up on the conduct of meetings and noted it is also important to have more comprehensive notes from the meetings, particularly on this type of item. City Manager Johnson asked if the selection of a fifth Commissioner is to be listed on next week's agenda, noting it is not currently listed. Commissioner Frost stated he feels the date for discussion should be set next week, when everyone is present. Mayor Youngman stated she feels it is important to develop a process that can be agreed upon by the Commissioners. She then noted it is important to undertake that discussion . without talking about specific individuals, which should result in a more constructive process. She recognized that delaying the discussion for a short time may be beneficial for everyone. Commissioner Frost stated he feels that what was just said should be part of the discussion at next week's meeting, when a full Commission is present. He stressed that it is important for all four Commissioners to agree on the process and avoid any misunderstandings. City Manager Johnson stated that he will add a process discussion on selection of fifth Commissioner to next week's agenda. 07-26-99 -...------- -.-.---------. .-- ,. - 5 - It was moved by Commissioner Frost, seconded by Commissioner Smiley, that, at next week's meeting, the Commission discuss the process, to be agreed upon by all four Commissioners, and set the date for further discussion on the process and selection of a fifth Commissioner. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No, none. Discussion - Commissioner Droiects . Commissioner Smilev suggested that, rather than moving the garden spaces at Westlake Park, consideration be given to reconfiguring and relocating the BMX track so it curls around the garden spaces. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. ( 1 ) Letter from Gloria Edwards and Jan Brownell, Victim Witness Assistance Program, dated July 19, asking the City Commission to allocate revenues from the victim witness surcharge to renovation of Room 313 at the Law and Justice Center, since those monies were cut from the grant funding. The City Manager distributed copies of a memo he had prepared in response to this letter, noting that the $79,200 in the grant application for remodeling of Room 313 was cut from the grant. He noted that the local match for those monies was $6,930, and that amount was included in the City Attorney's budgeted amount of $14,000 + for the victim witness program. He then stated that the estimated revenues from the surcharge enacted by the 1999 Legislature are $17,000 for the City Court and $18,000 for the District Court and Justice . Courts. He noted that the City's revenues from this source can be earmarked for the victim witness program; and it is anticipated that in the future, the surcharge, rather than the general fund, can serve as matching funds for grant programs. He concluded by stating that if the Commission takes no action, the monies previously appropriated plus the revenues from the surcharge will be forwarded to the victim witness program. The Commissioners concurred with the City Manager's suggestion; and Mayor Youngman indicated that she will verbally forward the Commission's decision to Gloria Edwards since she will be unable to attend the meeting this week. (2) Letter from Norman A. Bishop, 4898 Itana Circle, dated July 14, requesting that the City enact an ordinance prohibiting vehicles from driving or parking with trailer towing devices extending beyond their bumpers. Commissioner Smiley requested that staff give input to the Commission on what should be done from a legal standpoint. (3) Copy of a letter from John A. Koskinen, Assistant to the President and Chair, President's Council on Year 2000 Conversion, dated June 30, asking community leaders to support a new national initiative called "Y2K Community Conversations". . Mayor Youngman noted that the City is ahead of the new national initiative in terms of preparing for Y2K issues. (4) Letter from the Montana Department of Commerce, the Montana Association of Counties (MACO) and the Montana League of Cities and Towns, forwarding information on Senate Bill 184 and its impacts on the mill levy and budget issues. (5) Copy of the Telecomm News from US West newsletter dated July 1999. (6) Notice of Special Meeting, for the roundtable discussion to be held with the City Planning Board at 7:00 p.m. on Wednesday evening at the Wingate Inn. 07-26-99 -- - - 6 - (7) Minutes from the June 9 meeting of the Board of Health. (8) Agenda for the August 12 meeting of the Cemetery Board, along with minutes from the June 24 meeting. (9) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, July 27, in the Commission Room. (10) Memo announcing that there will be no Design Review Board meeting on July 27, . since no projects were submitted by the deadline for that meeting. (11) Agenda for the County Commission meeting, with split sessions to be held at 10:00 a.m. and 1 :30 p.m. on Tuesday, July 27, at the Courthouse. ( 12) City Manager Johnson submitted his weekly report, as follows. (1) Reminded the Commissioners that a tour of the watershed will begin at 9:00 a.m. on Wednesday, with a short discussion in the parking lot with the adjacent property owner, who will explain the difficulties of living next to the trailhead. He also noted that management of the timber will be discussed during the tour. In response to Commissioner Smiley, he indicated that he will report back to the Commission about the tour, since not everyone can attend. (2) Stated that he spoke to the Exchange Club last week, noting that he was asked to provide an update on the items he had identified during his presentation two years ago. (3) Reported that the City picnic was held on Thursday evening and was well attended. ( 13) City Attorney Luwe submitted the following. (1) Noted that, under State statutes, any type of emergency ordinance must be approved by a four-fifths vote of the Commission members. As a result, he requested that Ordinance No. 1501 be placed on the August 2 agenda to avoid any potential problems in the future. (2) Announced that he will be out of the office next week. . (14) Commissioner Smiley submitted the following. (1) Congratulated Amy Lynn, news reporter for KCTZ, on her new job in Virginia. (2) Stated that she has given information on the roundtable discussion to Lynn Rugheimer, since she has been recommended as the County representative on the City Planning Board. (3) Stated she has a 16-year-old Japanese student taking part in an educational program staying with her for three weeks. ( 15) Mayor Youngman stated that she and Commissioner Smiley are checking on possible participation in the Sweet Pea Parade. She noted that the library would be thrilled to have the City Commissioners and County Commissioners participate in their entry in the parade, noting their theme is "Dig for Treasure". Commissioner Smiley indicated that she will forward this information to the County Commissioners, who will be acting on the suggestion tomorrow. The Commissioners decided that, even if the County Commissioners do not wish to participate in the parade, they will. Adjournment - 4:00 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 and Mayor Youngman; those voting No, none. 07-26-99 ",; ,:,~...,\:.-;.~:.q.T i~.~~~. .--.-- - 7 - MA~~Gb::;:; ATTEST: .@./~ ROBIN L. SULLIVAN - Clerk of the Com!"Tli~sion . . - . . 07-26-99