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HomeMy WebLinkAbout1999-06-14 Minutes, City Commission ------ -.- --. MINUTES OF THE AGENDA MEETING/WORK SESSION OF THE CITY COMMISSION BOZEMAN, MONTANA June 14, 1999 ***************************** . The Commission of the City of Bozeman met in agenda meeting and work session in the Commission Room, Municipal Building, on Monday, June 14, 1999, at 3:00 p.m. Present were Mayor Stiff, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, 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. Agenda Meeting - for regular meeting and Dublic hearinas to be held on June 21. 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) Senior Planner Dave Skelton gave an overview of the requested modification of Condition No. 12 for the first four phases of the preliminary plat for Harvest Creek Subdivision. . He noted that, under the modification of this condition, as recommended by the City-County Planning Board, the applicant would be able to draw building permits and occupancy permits for up to 50 percent of the 58 single-family residential lots in Phase I prior to installation of the signalization improvements at North 19th Avenue and Durston Road. Responding to Commissioner Rudberg, the Senior Planner stated that the improvements to the intersection include geometries as well as the timing of the light and addition of left turn signals. Commissioner Rudberg asked that a copy of the map be forwarded in next week's Commission packets. Commissioner Frost asked that the Commissioners also be given the traffic numbers for the first phase of the subdivision. (5) Assistant Planning Director Debbie Arkell gave an overview of this preliminary plat, under which 17 acres will be subdivided into eight lots for commercial development. She noted that the subdivision is accompanied by a conditional use permit for a planned unit development, which is the subject of the next agenda item, and includes several requested relaxations to both the subdivision and zoning regulations. She then noted that one of the major issues discussed during review of this application before the Development Review . Committee was the level of service for left turns between Huffine Lane and Cottonwood Road. (6) Assistant Planning Director Arkell stated that the main issue under this agenda item is the use list for the planned unit development. She noted the original list was the same as the list of "B-2" uses in the code and, as a result of working with staff, the applicant has deleted some of the uses; however, she noted that under the recommended conditions, even more uses are to be eliminated. (8) Director of Public Service Phill Forbes briefly reviewed the provisions of this ordinance, noting that Bozeman is the last large municipality to provide maintenance of an individual service line from the main to the house, including the meter. He reminded the 06-14-99 ~ - 2 - Commission that during last year's work session on the budget, Water/Sewer Superintendent Mike Certalic talked to the Commission about reorienting how his limited work force spends its time, shifting from installing and maintaining service lines to maintenance of the larger distribution system. He then noted that Section 4 of the ordinance establishes a new requirement that if the City's system is extended within 100 feet of a property line, the property owner has the responsibility to connect to the system. He concluded by noting that this ordinance is simply a stop gap measure to get the new regulations into effect, and staff recognizes that both the sections on water and sewer are written in Uantiquated codified language" and need to be Urewritten in English". . City Attorney Luwe noted that the requirement to connect to the City's system is limited to domestic purposes only, stating that existing wells can still be used for irrigation purposes. He then noted that under the comprehensive rewrite of the code, administrative rules are to be removed from the ordinance and treated as a separate document. Responding to Commissioner Rudberg, Administrative Services Director Miral Gamradt confirmed that new construction and requests for changes in the service name will trigger the requirement that the property owner assume responsibility for maintenance of the service line. Commissioner Rudberg suggested that the City consider an administrative charge for changes in service name, noting that it is one of the few utilities that does not charge. (New item) City Manager Clark Johnson stated that the salary ordinance for next fiscal year will be added to next week's agenda. ( 15) Assistant Planning Director Debbie Arkell briefly highlighted this application for rezoning, noting that it is for one lot of what has been proposed to be a parking lot on South Bozeman Avenue. She noted that the application complies with the master plan, and staff supported the requested rezoning. She stated, however, that at the Planning Board meeting, . a significant amount of opposition was presented and, in fact, that opposition was adequate to trigger a super majority vote by the Commission for approval of the application. She concluded by noting the Planning Board was divided and unable to forward a recommendation. Commissioner Rudberg asked for the total amount that people have paid for Uphantom parking places" under the downtown parking SID. Administrative Services Director Gamradt stated that at the end of this year, staff is projecting a $120,000 balance in the fund, and one house was purchased for cash while one was financed. Commissioner Smiley noted that the Downtown Improvement District Board and the Parking Commission are trying to work together to address the downtown parking issues in a manner that is acceptable to both bodies. (New item) Special Projects Coordinator James Goehrung provided a brief overview of this public hearing, which is to give the community an opportunity to comment on the Darlinton Manor and the impact to the community if the affordable component is removed. He noted that the Darlinton provides 100 units of low- and moderate-income housing at this time, with many of those units designated for the elderly. He noted that if, after the public hearing, it is determined this housing development meets a particular need, it will then eligible for tax credits for a low-interest loan to the Human Resource Development Council. ". Responding to City Manager Johnson, the Special Projects Coordinator stated that the Darlinton Manor has been sold to a holding company from California and, if the HRDC is successful in obtaining tax credits, it would be in local ownership. ( 16) City Manager Johnson stated that the presentation to be made during the upcoming work session is to be repeated next week, as part of the public hearing on the budget. 06-14-99 - --.- --- -.--- -...-.- -. - 3 - Work Session - (A) Discussion - comDosition of Design Review Board under emeraencv interim zoning ordinance: and (B) Presentation of City Manaaer's budget recommendations (A) Discussion - composition of Design Review Board under emergency interim zoning ordinance Planning Director Andy Epple stated that, as staff prepares an interim zoning ordinance for Commission consideration prior to July 20, one basic question about the composition of the Design Review Board (DRB) has arisen. He noted that the code is currently silent on residency . requirements and asked if, in conjunction with conversion to a municipal zoning program, the Commissioners wish to require city residency for board members. He stated that, at the present time, some of the members reside inside city limits, others reside in the jurisdictional boundary and some reside outside the jurisdictional boundary. He indicated this question arose from current members or the DRB, who are interested in knowing the role of the DRB and how many will be eligible to continue serving. The Planning Director then stated that at least one Commissioner has indicated an interest in expanding the discussion, to possibly include the overall purpose of the Design Review Board and whether it should be continued. He noted that, at Commissioner Rudberg's request, he looked at the original intent statements and descriptions of both the Development Review Committee (DRC) and the Design Review Board, and they have not changed significantly from 1990 to today, although he recognizes that refinement may be appropriate. He concluded by indicating that the residency issue is one which must be addressed prior to July 20. Commissioner Rudberg stated she has never questioned the benefit of the DRC, characterizing it as a most productive meeting for both the applicants and the staff. She noted, however, that she does continue to question the benefit of the ORB, particularly in light of the incredible amount of staff time that it consumes. She concluded by stating that, since this is a city board, is should be comprised of city residents. . Planning Director Epple reminded the Commission that once the master plan is updated. the zoning ordinance will need to be overhauled to reflect the provisions of that new plan. He stated that staff has indicated an interest in keeping the changes in the upcoming interim zoning ordinance to a minimum, recognizing that there will be opportunities for in depth review of the municipal zone code when it is finalized. Commissioner Rudberg expressed concern that when the Commission has asked to have items placed back on the agenda for discussion at a later date, they have simply disappeared; and she feels this is important enough to bring back. Commissioner Smiley noted that the Commissioners have been asking for copies of the minutes from the DRB meetings for several months but have yet to receive them. She stated that if this is an important board, it is imperative that the Commission sees the minutes. She then suggested that projects for which an architect has been hired could be addressed in house rather than submitted to the ORB and expressed concern that the board is on the edge of being "taste police", indicating she is tired of their invasion and the resulting "beige Bozeman". She noted that the Commission has just received a letter from the Design Review Board, and she is concerned about some of the comments contained in that letter. Commissioner Youngman expressed concern about discussion concerning the future of . the ORB, particularly since it was not listed on the agenda in that manner. She then indicated that the "beige and gray Bozeman" being attributed to the ORB is actually the result of public taste and developer inclinations. She turned her attention to the issue to be addressed at this meeting, stating that many city boards have county residents on them. She then suggested that the professionals on the DRB, should either be residents of the city or work within the city limits and that the citizen members be city residents. Commissioner Frost stated that citizen members should be residents of the city, but he feels it would be acceptable for professional members to reside outside city limits if residents cannot be found to fill the positions. 06-14-99 _______u - 4 - In response to Commissioner Youngman, Commissioner Rudberg stated that her criticisms are targeted at the board, not the people on the board. Responding to City Manager Johnson, a majority of the Commissioners concurred that citizen members on the DRB must be residents of the city, and the professional members may be residents from outside city limits but who work inside the city if city residents cannot be found to fill those positions. . (B) Presentation of City Manager's budget recommendations Administrative Services Director Miral Gamradt gave a presentation on the budget process and highlights of the City Manager's budget recommendations. He noted that during this year's budget process, the department presentations were made at the beginning, with the Commission then setting its priorities and goals, and the City Manager's budget was then developed to reflect those priorities and goals. The Administrative Services Director noted that significant changes have been made in the budgeting process and how it is approached, with the budget now explaining what the various departments do, the outcomes of those programs and how they are measured. Staff has also been asked to identify what could be done better, less or differently, and the Administrative Services Director stressed that this year's budget reflects the first step in that process. He also noted that the Commission has been asked to focus on policy issues in the development of this budget, rather than concentrating On specific equipment items. The Administrative Services Director stated that this year, the department heads input their budget requests on line, and the City Manager's budget recommendations were then developed to reflect the Commission's priorities for the upcoming year as well as the City's vision statement, mission statement and overarching goals. . Administrative Services Director Gamradt noted that this year's budget document is in a substantially different format from previous years, with much of the change attributable to the new software. He noted that the system contains the budget requests from the individual departments, then the City Manager's recommendations and will include the City Commission's approved budget once the process is complete. This historical information will be retained for approximately ten years, so it can be easily reviewed. He then indicated that the information available on the new software can be very, very detailed or in summary format. As a result, he stated that the summary information in this year's budget is supported by more detailed information than in the past, and that information continues to be on line for any department wanting to review it. He stated that the base information entered into the new system for this budget will not need to be entered in the future, but can be built on. The Administrative Services Director then showed the Commission several different pie charts reflecting the percentages spent on the various departments; the percentages spent on personnel, operating, debt service, capital and transfers; and expenditures by fund. The Administrative Services Director noted that the budget also now reflects the total amount of money being expended in various areas, such as police, stating that this information has not been available in the past when expenditures crossed fund lines. He indicated that this new format should enable the Commission to make more sound financial decisions. . The Director stated that the City Manager's budget recommendations are for a total budget of $30 million, with 271 employees, or six more than last year. He noted that the increases include one police officer, one firefighter, one building inspector, one parks worker, two front desk personnel at the Law and Justice Center, and increases in part~time staffing positions; and one and one~half employees in the Fire Department previously not counted because they are supported by the County are also reflected in the budget. He indicated that the salary package also includes a 3-percent increase. He stated that other major expenditures include reappropriating monies for the new position classification study; $100,000 for the transportation plan update, of which $12,000 is a City contribution; funding for six police officers and two engineers who were previously funded through soft money sources; $5 million 06-14-99 -- - 5 - for sewer and storm sewer improvements; a new garbage truck and containers; monies for implementation of parks master plans; and a contingency for Y2K issues. Administrative Services Director Gamradt reviewed the legislative changes in mill levies and mill values, stating that the result is a guess at the actual mill value. He then noted that the legislative changes resulted in the repeal of 1-105 and, as a result, the recommended budget proposes an increase of approximately 1.78 mills to generate the same revenues as in the past. He stressed that this small increase in mill levy is due to the increased revenues from growth and increased property values in Bozeman. . The Administrative Services Director stated that this budget includes only the top three Commission priorities, because that is all the further the monies would extend. He noted this leaves approximately $600,000 in unfunded Commission priorities, and suggested that those items could possibly be the subject of a special voted mill levy. He then concluded by indicating that he proposes to submit this presentation at the beginning of the budget hearing at next week's meeting. Commissioner Rudberg thanked Administrative Services Director Gamradt for his presentation, noting her preference for the new budget format. She then stated that she is amazed at the huge difference between previous budgets and this budget, particularly since government is involved. Commissioner Frost thanked the staff for "an excellent job". City Manager Johnson suggested that putting a special voted mill levy before the voters in November would be consistent with CI-75, and characterized it as being similar to what the school system has done for many years. Commissioner Frost stated that, for that approach to be successful, the public must become involved. . Responding to Commissioner Youngman. the City Manager confirmed that any additions which the Commission may wish to make to this budget must be accompanied by an equal reduction or the reserves will be reduced. He then stressed the importance of recognizing that the revenue projections are estimates, and if any of those estimates are significantly inaccurate, they could have a definite impact on the proposed budget. He suggested that, if the Commission is interested in pursuing a ballot issue, it would be good to start talking about it early, even before the actual revenue picture is known. Further responding to Commissioner Youngman, the City Manager stated that the COPS grant is providing only $5,000 for each of the officers previously funded through that source. He noted that, while additional grant monies may be available from this source, they are only for new officers, not for retention of existing officers previously funded through grants. The Commissioners thanked staff for the presentation and identified possible revisions to it for next week's public hearing. Discussion - Commissioner Droiects . 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 ) Letter from the Design Review Board to the Commission, dated June 8. 06-14-99 -..-------.. ----.--. . - 6 - (2) Letter of resignation from the Parking Commission, as submitted by Jim D. Westberg. (3) Copy of a letter from Director of Public Service Forbes to Mr. Don Kreitz, dated June 7, forwarding the results of the Kagy Boulevard speed study. (4) Memo from the Montana League of Cities and Towns, dated June 10, regarding the special legislative session and the possible attempt to override the Governor's veto of HB91. . (5) Proposed provision to be added to annexation agreements regarding impact fees. City Attorney Paul Luwe stated that this provision would be added into the annexation agreements for all voluntary annexations. He stressed that the provision is already included in the agreements, but has been slightly revised to require that impact fees be paid on the newly annexed property, even if the impact fees are struck down under the pending litigation, in recognition of the impacts that development of those properties will have on existing infrastructure. He then asked that the Commissioners forward any comments they may have about this new language to his office during the upcoming week. Responding to Commissioner Frost, the City Attorney stated that the City may establish a fee for annexation, stating that it must be tied to a study and must be reasonable. He then stressed that this provision may apply only to voluntary annexations, and not to forced annexations. (6) Newsletter, dated June 10, from the Northeast Neighborhood Association. Commissioner Rudberg stated she is impressed with the newsletter and the amount of information it contains. . (7) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, June 15, in the Commission Room. (8) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, June 15, in the Commission Room. (9) Agenda for the Board of Adjustment meeting to be held at 1 :30 p.m. on Thursday, June 17, in the Commission Room. (10) City Manager Johnson submitted the following. (1) Characterized this past week as a standard week, with the exception of attending the fund raiser for Eagle Mount over the weekend. (2) Noted that the next increase in impact fees is rapidly approaching, which is creating a burden on City staff and developers. (11 ) Assistant City Manager Brey stated the Senior Center is working on an outdoor patio on the south side of the building, and he has authorized the expenditure of monies from the ADA fund to finish that project. ( 12) City Attorney Luwe submitted the following. (1) Attended a convention in San Diego last week as a board member for the Montana Municipal Insurance Authority. He noted that he brought back a substantial amount of information, which he will pass along to various . City employees. (2) Announced that he will be on vacation next week. ( 13) Commissioner Rudberg submitted the following. (1) Stated that she drove past the Salvation Army and, while the South Rouse Avenue side has been cleaned up, the East Babcock Street side is still a mess, and "smells of public health, safety and welfare" issues. (2) Noted that the Burke Park parking lot appears to be back on track, but she is very concerned that, to date, the issue has only been submitted to the Recreation and Parks Advisory Board, even though the Commission made the original decision two years ago. She also expressed concern that only five parking spaces are to be provided for the handicapped 06-14-99 .. --~ .--- - .. - 7 - and the elderly who wish to use the trail, which could lead to people using the hospital parking lot instead. Executive Session re litiaation strateay Mayor Stiff announced his intent to close the meeting and enter into executive session, under Section 2-3-203(4), M.C.A., for the purpose of discussing litigation, noting that if the issues were discussed in open meeting, it would have a detrimental effect on the litigating . position of the City in a variety of cases. At 5:12 p.m., Mayor Stiff called an executive session for the purpose of discussing litigation and asked all of the persons except the City Manager, Assistant City Manager, City Attorney and Clerk of the Commission to leave the room. At 5:40 p.m., Mayor Stiff closed the executive session and reconvened the open meeting. Adiournment - 5:40 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Youngman, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none. . ~~~~ ALFRE M.1 IFF, ayor ATTEST: ~~~ ROBIN L.~9lu AN - Clerk of the C()m!!'tiss~on ~ . - . . /" . 06-14-99 - --..-...