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HomeMy WebLinkAbout1999-05-10 Minutes, City Commission - ----- MINUTES OF THE AGENDA MEETING/WORK SESSION OF THE CITY COMMISSION BOZEMAN, MONTANA May 10, 1999 ***************************** . The Commission of the City of Bozeman met in agenda meeting and work session in the Commission Room, Municipal Building, on Monday, May 10, 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 Meetina - for regular meetina and Dublic hearinas to be held on Mav 17. 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. (7) Assistant Planner Joni Killebrew gave a brief overview of the preliminary plat, under which the current townhouse theme along North 19th Avenue will be retained, noting . that the staff and Planning Board recommend approval. (8) Assistant Planner Joni Killebrew gave a brief overview of this application to relocate an adult day care, with the potential that it may be expanded from 4 residents to 8 residents within a year. She then indicated the Planning Board has concurred in staff's recommendation for approval. (9) Assistant Planner Joni Killebrew gave an overview of the proposed expansion to the existing church, noting that attendant site improvements include paving and curbing of the parking lot and planting of boulevard trees. She then highlighted the public comment received to date, noting that concerns raised include the height of the sanctuary, parking lot lighting, location of the driveway and screening of the southeast portion of the parking lot. She stated that, in response to those concerns, the Planning Board added one condition to the recommendation for approval, and indicated that a letter will be submitted in next week's packet, in addition to the resolution and minutes. (10&11) City Manager Johnson noted that, included in next week's packet, will be a spread sheet showing the water, sewer and solid waste charges in other communities around the state, and a letter he received today. He stated that, as of this meeting, one person has requested the packet of information as a result of the advertisement in the newspaper. (13) The City Manager stated a citizen has raised questions about this proposed . revision to the manner in which solid waste charges are billed. He assured the Commission that one can be billed for solid waste collection even if the water and sewer is paid by someone else, simply by establishing different accounts within the City's billing system. (1 6b) The City Manager gave a brief overview of the reason for this agenda item, noting that City Hall has no heat at the present time because the heat coil has holes in it. He stated that asbestos was found in the pipe insulation, resulting in this contract for asbestos removal. ( 19) Associate Planner/Urban Designer John Sherman gave an overview of this project, which includes two deviations in conjunction with the construction of an addition and 05-10-99 - ----.----. - 2 - reorientation of the front entrance from North Grand Avenue to West Cottonwood Street. He noted the applicant has gone through several redesigns in response to staff requests. (21 ) City Manager Johnson stated he has included this proposed agreement on the agenda because of the significant amount of public interest and input. He then identified several concerns with the agreement as drafted by the County Attorney's Office, including the duration of the agreement; the City's responsibility for operation and maintenance of the facility; and the hours of accessibility to the public. He also noted that the agreement is . missing specifics about the site; the amount of landscaping to be installed, by whom ad when; and the County's obligations in this cooperative effort. He noted that BAHA's basic concern at this time is that a location be identified, so they can prepare the facility and be ready to play this fall. The City Manager then stated he has the reports prepared by the engineering students at the University, noting that they have looked at the size of the compressor needed to provide ice during the winter, the level of noise emitted from that type of compressor and methods of mitigating the noise. He stated they also looked at the chemical hazards and identified solutions in piping that are non-environmentally harmful. (Add) The City Manager stated that an item to be added to the agenda is a request for relief from the order to install the sidewalks along East Lincoln Street, immediately east of South Rouse Avenue. He noted that this is a policy issue, so it is a Commission decision. Work Session - (A) Presentation of biosolids orogram award to WWTP oersonnel - Director of Public Service Forbes: (8) Discussion re creation of City Plannina Deoartment (A) Presentation of biosolids program award to WWTP personnel - Director of Public Service Forbes . Director of Public Service Phill Forbes reported on the joint Montana sections of the American Water Works Association and Water Environment Association conference which he attended a couple of weeks ago. He stated that one of the sessions was on communicating risks to the public, noting that it is important to not only communicate the science of the hazard, but to recognize the sense of outrage sometimes experienced by the public and minimize it whenever possible. He stated that, following that presentation, City Engineer Craig Brawner participated in a roundtable discussion about risk communication, during which he talked about the concerns expressed by area residents about the City's sludge injection in the Ross Creek area. He noted that, also during that conference, he was particularly pleased to accept, on behalf of the City, the Montana Water Environment Association's 1999 Biosolids Award. Director of Public Service Forbes forwarded the award to Wastewater Treatment Plant Superintendent Don Noyes and Chemist Paul Layton, noting that Bozeman's biosolids program was judged the best of the four considered this year. Superintendent Noyes noted that Bozeman's program has been considered for the award twice and it has won both times, with the first time being in 1989. He then thanked the Commission for the opportunity to receive such an award, noting that it is a reflection of his good staff. . The Commissioners congratulated staff on receiving the award. (8) Discussion re creation of City Planning Department Included in the Commissioners' packets was memo from City Manager Johnson, dated May 6, forwarding four matters that require policy direction from the Commission. City Manager Johnson stated that several meetings have been held in past couple weeks to ensure that no gaps occur in the planning and zoning processes as the conversion is 05-10-99 - 3 - made from a city-county planning program to separate city and county programs. He noted that State law provides for setting up districts, but not for taking one apart, which has led to staff's concerns about the transitional issues. He indicated that, during review of the conversion process, staff has identified some forks in the road for which Commission policy direction is needed, so the next steps may be taken. He stressed that staff's desire is to create a process that is as seamless as possible. Assistant City Manager Ron Brey gave a brief history of the steps that have led to this . discussion, noting that on April 20, the County Commission adopted a resolution of intent to dissolve the City-County Planning Board, which triggered the transition process. He noted that on May 3, the City Commission authorized forwarding a letter to the County Commission notifying them of the City's intent to create a city planning board and, in a May 4 letter, the County Commission responded that they intend to appoint a member to that board, as provided by statute. The Assistant City Manager stated that the City Attorney's office and Planning Director are developing a timeframe for the conversion to ensure that all segments of the planning and zoning programs are covered in the transition, which must be completed in a very short period. He noted that an ordinance to create a city planning board may possibly be included on next week's agenda, to ensure that there is not a gap in coverage. He indicated that during this transitional period, staff proposes that the existing master plan and zoning regulations be retained, with comprehensive revisions of those documents to be undertaken after the conversion has been completed. As a result, he noted that none of the many regulatory issues previously identified for revision will be included in the initial documents. Assistant City Manager Brey addressed each of the four issues identified in the memo individually, seeking Commission input on each one. Zoning matters to be submitted directly to City Commission. The Assistant City . Manager stated a zoning commission will continue to exist under the new program, and that State statute does not include authority for a city planning board to serve as the zoning commission. He forwarded the suggestion that the zoning commission consider applications for zone code amendments and zone map changes as well as recommending the zoning designations for newly annexed parcels. He suggested, however, that applications for specific projects, such as major site plans, zoning planned unit developments and conditional use permits, be heard by the City Commission and that the existing intermediate step be eliminated. He noted this change will save staff time and, thus allow for long-range planning and addressing those code changes which have been requested but still languish because of the workload. He recognized that the hearing before the Planning Board has been beneficial in certain instances, particularly when new issues have been identified and the problems resolved before the application reaches the Commission. He noted that, with more careful staff review and careful Commission consideration, however, he feels the same results will be realized. Commissioner Smiley indicated her support for the proposed change, noting it is important to take advantage of this opportunity to shorten the time it takes to get a project through the system. She asked, however, that staff take care to ensure that all issues are covered in the staff report, before the project is forwarded to the Commission for consideration. Responding to Commissioner Rudberg, the Assistant City Manager stated the City- County Planning Board has not provided any input into this proposal. . Commissioner Rudberg indicated her willingness to proceed with the proposed changes, recognizing that they will result in an increased workload for the Commissioners. She noted that if the change does not work as anticipated, the process can once again be changed in the comprehensive revisions. Commissioner Frost indicated his support for the proposed change, stated he feels it will lead to better efficiency. Commissioner Youngman noted that if the planning board has more time to do planning, it could be beneficial to the overall program. She also suggested that this would allow them 05-10-99 --. .. -.--- ------. - 4 - to provide better macro input on the policies upon which the Commission may base its decisions. Administration of the planning and zoning programs under the City Manager's Office. Assistant City Manager Brey stated that under this proposal, the Planning Department is to be placed under the City Manager for administrative purposes, thus leading to consistency in the overall organizational structure. He noted this would free the planning board to concentrate on planning issues. . The Commissioners voiced support for this proposal. Variances and appeals. Assistant City Manager Brey noted that, since there are county residents on the Board of Adjustment, its composition must be restructured in conjunction with this conversion. He proposed that, in an effort to expedite reviews, however, the Commission consider variances once again. Commissioner Smiley voiced her support for streamlining the process as much as possible. Commissioner Frost stated his concurrence, noting it makes a lot of sense for the Commissioners to be the final decision makers. Commissioner Youngman stated that she also agrees. She suggested, however, that applicants be given the option of having their variance applications heard either sequentially or concurrently with their other zoning applications. Responding to Mayor Stiff, the Assistant City Manager stated he has talked to the only community in Montana that he knows has gone through a similar transition process and, after a year, they reverted back to a cooperative structure. He then indicated that staff has built this . proposed transition "by looking in our own rear view mirror" and identifying how the City can best take advantage of the situation. Responding to comments from Commissioner Rudberg, the Assistant City Manager stated that SB97, which passed both houses but has not yet been signed by the Governor, stipulates that a local government must have a growth policy in place before it may act on subdivisions or zoning issues. The growth policy must ensure coordination in the City's and County's procedures and regulations. Responding to Mayor Stiff, the Assistant City Manager stated he anticipates the revenues from the 2-mill levy for planning collected from within city limits will be used to support the City's program. He then suggested that, with this reorganization, the City may recognize some efficiencies and restructuring to include some of the "orphan programs" under the Planning Department. Commissioner Rudberg noted that when the change was recently made to allow the Board of Adjustment to consider all variance requests, the Commission asked that an Attorney General's opinion be sought on whether a majority or super-majority vote is needed to approve a variance. She then asked about the status of that opinion. City Attorney Luwe responded that he has not sought an Attorney General's opinion . because of the changes currently being undertaken. He then indicated that, if the Commission wishes, he will seek one. Commissioner Rudberg stated she feels it is important to have an Attorney General's opinion on this issue. A majority of the Commissioners supported this proposal. Subdivisions. Assistant City Manager Brey suggested that the public hearing on subdivisions be held before the Commission. He reminded the Commission that, under State statute, only one public hearing may be held on a subdivision, and that hearing has been held 05-10-99 - 5 - by the Planning Board. He suggested that holding the public hearing before the Commission, with input from the Planning Board, could generate some additional efficiencies. A majority of the Commissioners indicated their support for the proposed change. General discussion. Planning Director Epple stated he views this as an exciting opportunity to redefine the planning and community development functions of the City, noting that he feels a very workable program can result. . City Manager Johnson stressed that staff is making every effort to make this a seamless transition, although it recognizes there are many issues which must be addressed. Commissioner Rudberg recognized that staff is working diligently to address all of the issues; however, she noted the first item across the Commission's desk will be "Murphy's rock" and she finds that prospect exciting. She then stated that she feels it would be beneficial to have discussions with the County Commissioners about their process, although she recognizes time is short and that the two staffs are working closely together. Planning Director Epple stated that Associate Planner Saunders will draft the new zoning ordinance immediately and will forward it so the Commission for action to ensure it is in place and effective the day the conversion is made. Responding to Commissioner Smiley, the Planning Director stated that staff will look at its policies and procedures and try to identify ways to ensure that no items are skipped during staff review of projects. Planning Board member Gordon Vance stated he feels the proposed changes are positive, noting they will allow the City Planning Board to truly serve as a planning board. . Assistant City Manager Brey cautioned that many steps will need to be taken swiftly to ensure that the necessary documents are in place at the conversion. He noted that, as soon as next week, the Commission may be asked to adopt an ordinance creating the City Planning Board, with appointments to be made to that board shortly thereafter. He then noted there will also be two interim zoning ordinances, one describing how applications in the pipeline will be handled when the existing process terminates and one adopting an interim zone code. The Commissioners thanked staff for their work on this transition. 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 ) Copy of the advertisement in the newspaper soliciting public comment on the proposed water and sewer rate increases. . City Manager Johnson noted this advertisement was prepared by Mercury Advertising, and asked for Commissioner feedback. He then noted that this attempt to communicate with the public cost $715.00. Commissioner Frost suggested that the City's e-mail address be included in the future. He then suggested that a smaller advertisement, with reference to information on the City's web site, could serve as a leader for those interested in becoming more informed. Commissioner Smiley stated she liked the advertisement. 05-10-99 ---- _. _.. . .._.__._. _ ..____ ._n.__.___ ---....--..--. - 6 - Commissioner Youngman noted the professional design was eye catching, but she felt the ad was slim on information. She suggested that pie charts could be a valuable component in future advertisements. (2) Letter from the County Commission, dated May 4, stating that they considered the Commission's letter of intent to create a City Planning Board and indicating their intent to designate a representative to serve on that board. . (3) Copy of a letter from the Gallatin County Planning Board. dated April 29, announcing its intent to conduct community outreach meetings at various locations on update of the master plan. (4) Snowpack report for the Gallatin River basin through April 26. (5) Letter from Caren Roberty, HRDC, dated April 28, indicating that the Community Affordable Housing Advisory Board will meet on May 13 to consider a request from Bozeman Interfaith Housing II. (6) Letter from Donna Staab, 618 South Black Avenue, dated May 1, forwarding photographs taken from her back yard and expressing concern about the changed view. (7) Legislative Bulletin from the Montana League of Cities and Towns, dated May 3, 1999. (8) Copy of a memo from Special Projects Coordinator Goehrung to City Manager Johnson, dated May 7, forwarding the minutes from the May 6 meeting of the Enhancement Program Steering Committee. The City Manager noted that, due to the deadline at the end of May, the Committee met . and identified (1) cost sharing to install historic traffic signals and standards in the downtown area and (2) reconstruction of the arch from the Opera House in Soroptimist Park as the projects to be forwarded for the $215,000 in TEA-21 monies currently allocated to Bozeman. Commissioner Rudberg voiced her disapproval of receiving this type of input so close to the deadline, stating she feels the City should have projects on the shelf from which it can choose when this type of situation arises. Assistant City Manager Brey reminded the Commission that it has had projects on the shelf, and at least three of those projects were disapproved by the State Department of Transportation when they were submitted. He noted that when the Enhancement Steering Committee was created, it was a 14-member committee with representation from a broad spectrum. He stated, however, that attendance and participation has dropped significantly. A majority of the Commissioners indicated their support for the two projects identified by the Committee. (9) Minutes from the April 7 meeting of the Pedestrian and Traffic Safety Committee. (10) Newsletter from the Headwaters Recycling Program, announcing that the next meeting is to be held on May 12 in Bozeman. . (11) Agenda for the meeting of the Gallatin County Treatment Court Stakeholders meeting to be held at noon on Thursday, May 6/ at the Courthouse. ( 12) Notice that the next meeting of the Improvement District Board is scheduled for Thursday, May 13. ( 13) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, May 11, in the Commission Room. 05-10-99 - 7 - ( 14) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, May 11, in the Commission Room. ( 15) Agenda for the County Commission meeting to be held at 9:30 a.m. on Tuesday, May 11, at the Belgrade City Hall. ( 16) City Manager Johnson noted that Special Projects Coordinator Goehrung has been working on the Millenium Communities project, and has found that the application must be . completed by an elected official. The Commissioners selected Commissioner Youngman to do so. ( 17) City Manager Johnson noted that the City has received an indication from County Treasurer Jeff Krauss that their tax collection system is not Y2K compliant. He then asked for Commission concurrence for him to write a letter to the County asking about the current status of this matter and the anticipated time for correcting it. The Commissioners concurred. ( 18) City Manager Johnson stated that application has been made for an historic preservation grant for the upcoming fiscal year, and a copy of it will be in the Commissioners' mailbox for their review. ( 19) The City Manager requested policy direction, as he works to finalize his budget recommendations for the upcoming fiscal year. He noted that, at the present time, a person greets visitors at the law enforcement office window at the law and Justice Center from 8:00 a.m. to 5:00 p.m., Monday through Thursday. With relocation of the 9-1-1 Center to the basement of the law and Justice Center, that may no longer occur. He then asked how the Commissioners wish to address this issue, particularly since they had previously identified it as a priority. He cautioned that to keep the window open 24 hours a day 7 days a week will require two additional employees from both the City and the County, at an approximate cost of $50,000 each. . Commissioner Smiley noted that on Thursday night, her neighbor disappeared and her son was unable to connect with anyone at the law and Justice Center. She stated, as a result, they ended up calling the Police Department to get assistance. She expressed concern about the current access to the building after regular business hours, stating that, at a minimum, that should be addressed. Commissioner Rudberg characterized the move to the law and Justice Center as one of the worst things ever done by the City and the County. She also noted that she knows of no other place in the United States where the Police Department and/or the Fire Department is not open 24 hours a day. She finds it appalling that there is no human to help people after hours, leaving them completely isolated in an emergency. She concluded by forwarding her fear that, with the current system, someone being attacked could run to the law and Justice Center and not receive help in time. Commissioner Frost stated that the existing situation creates a "faceless government", and that is not desirable. He then stated the citizens should have access to public officials, particularly those involved in public safety. Commissioner Youngman stated she feels this issue is quite important, indicating her interest in discussing it in a future agenda item. She then cited her own experiences, noting . that she was able to go to the Police Department and get assistance late at night because it was still located downtown. She stated that, at a minimum, the communication system and access should be made easier, so that someone who is scared or has been attacked can operate it. City Manager Johnson noted that, at the present time, the buzzer to gain access to the law and Justice Center is located at the top of the steps and is, therefore, not accessible to everyone. He stated that, at a minimum, a telephone needs to be installed at the sidewalk, with the closed circuit cameras oriented so they can see people at the telephone as well as at the buzzer. He then indicated that if additional personnel are hired to keep the window open, they will also do work on the records and pull the documents for warrants when needed. 05-10-99 -,.,.._- - 8 - In response to Commissioner comments and suggestions, City Attorney Luwe noted that this is a risk management issue, with attendant liability issues. He cautioned that care must be taken to ensure that the window is apropriately manned and that the right services are provided. (20) The City Manager submitted his weekly report, as follows. (1) Attended the Recreation and Parks Advisory Board meeting on Thursday night. (2) Reminded the Commissioners of the meeting to be held tonight at the Lindley Park Center regarding the . proposed parking lot near Burke Park. (3) Announced that he will be out of town Thursday through Sunday, noting that Assistant City Manager Brey will serve as the Acting City Manager. (21 ) Responding to Mayor Stiff, City Attorney Luwe stated that Clerk of the Commission Sullivan sent a letter to the Director of the Montana Department of Revenue regarding the taxes previously assessed on certain properties. He noted that, to date, the City has received no response, and last week she sent a follow-up letter. (22) Assistant City Manager Brey submitted the following. . (1) Attended several meetings regarding the planning program last week and will be attending more this week. (2) Stated that he reviewed the design work for a potential library site, as prepared by MSU students, characterizing it as one of the best school projects he has seen. (23) City Attorney Luwe submitted the following. (1) Noted that Staff Attorney Cooper has been assigned to the Planning Department. (2) Announced that he attended a course on drug detection last week, along with the Personnel Director and three police officers. (24) Commissioner Frost asked about the sandwich board signs downtown, noting they are encroaching into the middle of the sidewalk once again. . City Manager Johnson responded that the Downtown Bozeman Association and the business owners are to be policing themselves, noting that he will write them a reminder letter if the Commission wishes. The Commissioners indicated an interest in doing so. (25) Commissioner Smiley expressed concern that the sidewalk in front of the Salvation Army building is full of furniture, encroaching into the walkway. The City Manager responded by indicating he can issue a cease and desist order; a majority of the Commissioners asked him to do so. (26) Commissioner Smiley stated she attended the Recreation and Parks Advisory Board last week and will attend the Downtown Improvement District Board meeting this week. (27) Commissioner Rudberg expressed concern about the recent bomb threats at both the post office and the schools. She stated it is important to recognize the costs associated with those incidents and suggested it may be time to look at the possibility of an emergency mill levy to cover those costs. She noted that the community is suffering because of what some young people think is funny. Responding to Commissioner Frost, the City Manager stated he does not know if the bomb squad from Great Falls has billed for its services at the post office, but a bill has been submitted to the School District for the bomb squad from Missoula. He then noted that these . incidents have not only cost the City of Bozeman for overtime for the police and fire personnel, but they have taken those individuals away from their regular work. City Manager Johnson stated that staff is monitoring the situation closely, to determine of an administrative order is necessary to meet guidelines for federal reimbursement and is also identifying billable services. Commissioner Rudberg noted that conversations with family and friends has revealed that this type of situation is occurring across the country, and different communities are 05-1 0-99 . -----.-.--- ..--...----..-.. - ... .-. - 9 - addressing it in different ways. She expressed concern that in all instances, however, the "inmates are in control of the asylum", and characterized that as frightening. Adjournment - 4:50 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 Rud berg. Commissioner Youngman and Mayor Stiff; those voting No, none. ~/~~ ALF. M.STI F, ayor ATTEST: ~;I~ ROBIN L. SUtllV AN-_ _ Clerk of the Cofnmfssion ~ .. .... . . 05-10-99