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HomeMy WebLinkAbout1999-02-22 Minutes, City Commission MINUTES OF THE AGENDA MEETING/WORK SESSION/SPECIAL MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA February 22, 1999 ***************************** . The Commission of the City of Bozeman met in agenda meeting, work session and special meeting in the Commission Room, Municipal Building, on Monday, February 22, 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 meetina and DubUc hearings to be held on March 1. 1999 Since this is an agenda meeting, only brief highlights and 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 Planner Therese Berger gave a brief overview of this application for a beer and wine license at the old Bagel Barn location on West College Street. She stressed that this is not a cabaret license and is, therefore, not restricted. She stated that the Planning Board has . recommended approval, subject to seventeen conditions. Responding to Commissioner Rudberg, the Assistant Planner confirmed that gambling machines are not prohibited under the beer and wine license regulations; however, the applicant has no plans to install any at this time. She then indicated that, under the City's zone code, the applicant could install up to 14 machines, as long as the word "casino" is not included in the name and they are not otherwise advertised. Responding to Commissioner Smiley, the Assistant Planner stated that the existing dumpster for construction materials and the recycling bin are located in two of the required on- site parking spaces and must be moved. Responding to Commissioner Frost, Assistant Planner Berger stated that the wall-mounted lights are designed to promote the theme of the business, with the fixtures around the front entrance having higher wattage bulbs to provide for the safety of patrons. Following discussion, she indicated that she will ask the applicant to bring one of the fixtures to next week's Commission meeting. She then stated that, if the Commission wishes, it could add a condition to approval that would require the use of low wattage light bulbs to preclude glare to the adjacent roadways. (5 ) Assistant Planner Therese Berger reviewed this application for a cabaret license in the new Bistro location, which was formerly Wongs and the China Diner. She noted that the . State law prohibits issuance of a beer and wine license within 600 feet of a church or a school on the same address street; and this site is 400 feet from the Holy Rosary Church. She noted that the City may supplant that section of the State law if it so chooses, and the applicant's attorney is drafting a resolution which would do so, for Commission consideration. She briefly highlighted the public testimony at the Planning Board meeting, identifying the concerns raised. She then indicated that the Planning Board has recommended conditional approval. Responding to Commissioner Smiley, Historic Preservation Officer Derek Strahn stated that the building ceased being used as a funeral parlor and was converted to a restaurant some 02-22-99 ._.._.._.._._.._.._._...___.______._.__ _n_.._.. __. __._..._.___ - 2 - time in the late 1930s. He then indicated that he is preparing a nomination to the National Register of Historic Places for this building on behalf of the owner. Responding to questions from Commissioner Rudberg, City Attorney Luwe affirmed that the Commission's approval of this conditional use permit will make it easier for the applicant to receive a cabaret license from the State, even though this site is within 600 feet of a church, but the City must also supplant the. State statute before the State will issue the license. . Commissioner Rudberg noted that the cabaret license was created by the 1997 Legislature, and it is very different from the standard all-beverage license and the beer and wine license. She then asked if the Commission should address the supplanting of the State law first, and asked how long it might be before that is submitted to the Commission. City Attorney Luwe responded that, while he has tried to assign a priority to this ordinance, there are other issues which his office must address first. He then indicated that the Commission may either delay the decision on this conditional use permit until after the ordinance is enacted or may impose a condition that the conditional use permit will not be granted until after the ordinance takes effect. Commissioner Rudberg stated that, while she likes the cabaret license option and has no problem with this type of license being issued within 600 feet or a church or a school, she does not feel it would be appropriate to allow one within a block of a church or school nor would it be appropriate to allow an all-beverage or beer and wine license within the 600-foot limitation. (6) Historic Preservation Planner Derek Strahn distributed copies of letters received after the packets were prepared. He stated that this application is for an accessory dwelling unit in the basement of an existing residence on South Willson Avenue. The structure is currently occupied by five non-related adults, and the applicant is attempting to bring the situation into compliance with the zone code through this application. He briefly highlighted the staff . findings, indicating that staff is unable to support the request for several reasons, and noting that both the Development Review Committee and the Planning Board concurred with the staff findings. Responding to questions from the Commission, the Historic Preservation Planner stated that the Planning Board did discuss the possibility of a time restriction, and that is an option available to the Commission as well. He noted that one of the applicants' concerns is that if this application is not approved, one of the five students would lose his home before the end of the semester. City Attorney Luwe cautioned that the Commission's action on this item could set a precedent when considering applications involving zoning violations in the future. (8) Responding to Commissioner Rudberg, City Attorney Luwe stated that adoption of this resolution not only sets the public hearing on this requested deannexation, but makes the findinga that it is in best interests of the City and the inhabitants of the area and that the symmetry of the City will not be marred by deannexing this land. He recognized that the Commissioners still retain the right to change their votes when a resolution of deannexation is considered; however, he stressed that grounds for the reversal should also be given. Responding to Assistant Planning Director Debbie Arkell, City Attorney Luwe stated that, if the Commission chooses to proceed with adoption of this resolution and the hearing, it could . subsequently choose to amend the resolution of deannexation to include only the strip of Cusack property. (14) Historic Preservation Planner Derek Strahn gave a brief overview of this application, which includes a rear addition, fencing and a glass shell for cars. Responding to Commissioner Rudberg, the Historic Preservation Planner recognized that a glass garage is an unusual element. He noted that the existing garage obstructs the view of the house and, in fact, is almost the dominating element; and the applicant believes that a transparent garage will be functional but not intrusive. The Planner then indicated that a 02-22-99 - 3 - parking area is provided outside the glass shell as well, and he anticipates the shell will not be used extensively. Further responding to the Commissioner, the Planner stated that if the applicant has a model of the garage, he will ask that it be shown to the Commission at next week's meeting. (16) Historic Preservation Planner Strahn stated that under this application, a basement kitchen is to be added, to allow the conversion of a single-family residence into a duplex. He indicated that concern was expressed about the shared driveway; and staff has just received . an official easement from the neighbor which addresses that concern. He then indicated that the applicant plans to continue living on site, renting out the basement apartment. Commissioner Rudberg expressed concern that there are already several cars parked on the street in front of this house and that the sidewalks are not shoveled. She questioned how reliable this individual might be with a rental unit since he does not maintain the property well as a single-family residence. (17) The Historic Preservation Planner gave an overview of this project, since an 8-foot- high fence is involved. He stated the subject property is bounded by South Fourth Avenue, West Cleveland Street and South Third Avenue, and the applicant is seeking a taller fence to provide desired privacy. He stated the applicant is requesting a deviation to allow that fence to extend four feet into the vision triangle at the intersection of South Fourth Avenue and West Cleveland Street, to create a slightly larger rear yard. He noted that, since South Fourth Avenue is a rarely used narrow street, since this is a controlled intersection with stops signs on South Fourth Avenue, and since the applicant proposes to cut back the existing lilac hedge, Planning Staff has supported the requested deviations. The Planner stated, however, that the Street/Sanitation Superintendent is adamantly opposed to allowing any relaxation of the sight triangle regulations, and distributed that letter along with his memo dated February 22. Responding to Commissioner Rudberg, the Planner stated the applicants propose to construct the 8-foot-high fence inside the existing lilac hedge which, in some instances . encroaches into the street right-of-way. He then estimated that the lilac hedge is forty to fifty years old, with portions of it being 15 feet tall, and noted that the hedge is to be cut back significantly but will still hide much of the fence. Responding to questions from Historic Preservation Planner Strahn, a majority of the Commissioners indicated they could not support an encroachment into the vision triangle. (18) Assistant Planning Director Debbie Arkell gave an overview of this variance, noting it is coming before the Commission because it is for relaxation of a requirement in a planned unit development. She then indicated the subject PUD is for an 8-lot commercial PUD on the property immediately west of Billion Auto Plaza. Under the zone code, 4.7 acres of open space must be provided within the planned unit development, and the applicant is proposing 4.02 acres of open space in the PUD plus dedication of 1.35 acres along the west edge of Bronken Park. She concluded by indicating that staff supports the requested variance. ( 18A) City Attorney Luwe reminded the Commission that the staff request for revocation of the kennel license for Ellyn Murphy was continued to March 1 at last week's meeting, so it will be added to the final agenda. In response to questions from the Commission, the City Attorney indicated that staff will contact Ms. Murphy's attorney and ask that if a request for extension is to be made, it be done . before Thursday, so all concerned parties can be notified. Break - 4: 15 to 4:20 Dm. Mayor Stiff declared a break from 4:15 p.m. to 4:20 p.m., per Commission policy. 02-22-99 - 4 - Work Session - (A) Presentation trom HRDC re housing issues: (B) Discussion re budget tor City Commission tor uDcomingfiscal year: and (C) Presentation re status ot budaet creDaration tor FY2000 (A) Presentation trom HRDC re housing issues Mr. Jeff Rupp, Executive Director tor the Human Resource Development Council, gave an update on the Darlinton Manor, distributing a history of the project to the Commission. He . reminded the Commission that the Darlinton was constructed 23 years ago as a HUD 236 project, and the subsidies under that program were for an initial twenty-year period which has been followed by one-year extensions. He stated the Darlinton Manor contains 68 one- bedroom units, which currently rent for $255, and 32 studio apartments, which currently rent for $214. Mr. Rupp reminded the Commission that under this program, HUD will let an owner buy out of the system and, when the opportunity arose, the HRDC approached the City about this option. He noted that in February 1998/ the existing debt load on this property, in the amount of $2.8 million, was to be restructured, using nine different funding sources, in conjunction with purchase of the property by HRDC, but that proposal was rejected by HUD. Under that proposal, the rents would have been $285, or $320 with a subsidy, for a one-bedroom apartment and $235, or $295 with a subsidy, for a studio apartment. He indicated that the main reason that the package was not approved was the bifurcated rental rate structure. Mr. Rupp stated that in October 1998, the Hampstead Partners approached HRDC with a proposal to purchase the Darlinton Manor, with HRDC having a very limited role in the program. He noted that the purchase price is now $3,731,000 and the rents are proposed at $380 for a one-bedroom apartment and $355 for a studio apartment. Mr. Rupp stated the Hampstead Partners have indicated that if HRDC chooses not to . become a very limited partner in the program, they will seek another non-profit organization, either inside or outside Montana, with which to participate. Mr. Jeff Rupp concluded by identifying the issues and concerns which they hope to impact and address. He noted that these include ensuring that the new tax exempt laws are being met, ensuring that the impacts of future rent structures on the elderly residents are minimized as much as possible, being as involved in control of the management of the property and the tenant profile as possible, and minimizing the disturbance and relocation of residents during rehabilitation of the property. Responding to Commissioner Rudberg, Mr. John Langenheim, HRDC, indicated that tax exempt status is available across the country. He then stated that, under the current situation, 75 percent of the units receive Section 8 subsidies. He indicated that, if this proposed sale is completed, the tenants will be given individual vouchers until they no longer reside there. He stated that within ten years it is very possible the tenant profile and the rents will be significantly different from what they are today. Further responding to Commissioner Rudberg, Mr. Rupp stated that this property is only one of several 236 projects; and all of them are facing these same issues. He then indicated that the apartments are currently targeted to 50 to 60 percent of area median income, but the critical issue is ensuring that adequate affordable housing stock is retained for the elderly and the disabled. He then indicated that the buy/sell on this property expires on June 30 and, in . the meantime, he will provide the Commission with updates, possibly in writing. Mrs. Caren Roberty, HRDC, stated that if this proposal is approved, the sale will be financed with tax credits, under which full-time student households are not allowed. She suggested, however, that younger people on minimum wage jobs could qualify to live at the Darlinton Manor. She then stated that, if this sale is not approved and completed, there are two back-up offers, and either one of those will take the apartments to market. She cautioned that in that instance, neither the City nor HRDC will have any involvement and, therefore, no influence. 02-22-99 . - ____ ..__n_ . _ _ ..-....--- - 5 - Mr. Jeff Rupp noted that Darlinton Manor, as it now operates, has a strong network of services for its residents, including home health care, meals and transportation services. He cautioned that if the Darlinton Manor is no longer for the elderly and the disabled, the residents needing those services will be spread out through the area rather than where the network can easily serve them. The Commission thanked Mr. Rupp and his staff for their presentation. . (B) Discussion re budget for City Commission for upcoming fiscal year Included in the Commissioners' packets was a memo from Clerk of the Commission Sullivan, dated February 18, forwarding proposed numbers for inclusion in next year's budget. Clerk of the Commission Sullivan responded to questions from the Commission regarding the figures in the memo. Following those responses, she noted that $20,000 may need to be added for the acquisition of a digital copier, if it is not purchased yet this fiscal year. Mayor Stiff asked if the amount budgeted for salaries should include a 3-percent increase for Commissioners. Commissioner Youngman forwarded her interest in considering an increase in the Commissioners' salaries, particularly since it has been over two years since the last increase was implemented. (C) Presentation re status of budget preparation for FY2000 Included in the Commissioners' packets was a memo from Clerk of the Commission Sullivan, dated February 18, forwarding a revised list of priorities, as developed by the Commission at its January 19 meeting. . City Manager Johnson stressed the importance of the Commissioners providing policy direction and not identifying their "favorite toys". He expressed concern that, unless the discussion and subsequent establishment of priorities are maintained at the policy direction level, all of the changes in the budgeting process made to date will be lost. He also encouraged the Commissioners to think about outcomes and benchmarks, not specific resources. The City Manager noted that the costs associated with many of the items on the list have been identified, but not all of them. He reminded the Commission that in a status quo budget, there are less than $300,000 in discretionary monies each year. He cautioned that if additional personnel are funded, the level of discretionary monies for that year and each subsequent year is lowered. Administrative Services Director Miral Gamradt stated that when staff reviewed the list developed by the Commission and the priorities identified at the January 19 meeting, they felt there was not adequate Commission guidance, particularly in the General Fund, upon which to develop a proposed budget for the upcoming fiscal year. He asked that the Commissioners, recognizing that all of those items cannot be funded with the monies available, develop priority lists in each of the categories previously identified, as follows: GENERAL FUND . Police - current level staffing (very high) Police - additional officers ($171,437) (partial funding-high) Fire - 3-person response 100% of the time ($77,071) (1-high) Finance - increase staffing in data processing ($30,000) (high) Library - new server to be Y2K compliant (high) Library - additional substitute hours ($5,500) (high) Recreation - electronic pass system ($10,000) (high) Engineering - additional Engineer I (high) Parks - add full-time employee ($23,000 + benefits) (high) City Commission - GalaVan ($15,000) (high) 02-22-99 - 6 - City Commission - band (high) City Commission - Y2K re public life safety (bolster reserves by $100K) (high) Grants - matching monies for T21 projects (medium) Fire - BLS non-transport ($18,000) (concentrate on inspections) (medium) Library - equipment needs for training sessions in meeting room (medium) Recreation - Bogert Park parking paving (medium) City Commission - marketing firm for ballot issues (medium) . Downtown Parking - sale of houses; General Fund assistance for parking lot construction (low) Fire - 3-person response 100% of the time ($77,071) (2-low) Fire - ALS non-transport ($18,000 + $11,000) (concentrate on inspections) (low) Mayor Stiff noted that the City cannot afford to fund all of the additional personnel requested by the Police Department and, in fact, the list indicates a partial funding will be considered. He stressed the importance of all the Commissioners "being on the same page" in what partial funding means. Commissioner Smiley noted that, in light of information that has become available between the January 19 meeting and now, the Commissioners may wish to eliminate some of the items on the list or revise the initial ranking. She cited, as an example, the parking lot paving at Bogert Park. She noted that if the parking lot is paved, there will be fewer parking spaces available, and proposed that the parking lot not be paved until after another recreational facility has been provided. She also suggested that funding of the municipal band be eliminated from the list, since the ordinances indicate that it will be funded. Commissioner Rudberg stated she is not prepared to establish priority lists at this meeting and requested that it be brought back at a later date. Mayor Stiff asked how the recent lawsuit on impact fees will affect the budget for the . upcoming fiscal year. Administrative Services Director Gamradt stated that the lawsuit will definitely affect the four impact fee funds, and could potentially affect other funds as well. Commissioner Youngman noted that the lawsuit could also affect other departments and positions, citing the additional building inspection/plans examiner as an example. She suggested that if any of the top priorities identified by the Commission is affected, then staff could drop down to the next priority item. Commissioner Rudberg noted that CI-75 and the uncertainties that revolve around it are also issues to be taken into consideration during the budgeting process. Following discussion, Commissioner Youngman stated it is important for the Commissioners to know what partial funding of the request for additional police personnel means before they establish the priorities. Commissioner Frost noted that if the lawsuit on impact fees is successful and the City is requested to repay those fees, additional budget problems could be incurred since a portion of the fees has already been expended for various projects. In response to the Administrative Service Director's request that the Commissioners . prioritize the items in each of the categories under the General Fund, Mayor Stiff noted that funding of the band could be eliminated since it is a required part of the budget. Assistant City Manager Brey suggested the new downtown parking lot could also be eliminated, since the revised numbers reflect that any possible General Fund assistance would be so small that it could easily be accommodated through the day-to-day operations of the City. The Commissioners indicated that they are not prepared to establish the priority order at this meeting, and asked that this item be placed on the March 8 agenda. The Commissioners 02-22-99 -.--.- - 7 - are to turn their lists of priorities in to the Clerk of the Commission by noon on Wednesday, March 3, so they can be included in the packet for the March 8 meeting. Sianina of Notice of Soecial Meeting City Manager Johnson reminded the Commission that this special session was placed on the agenda to address the need to forward comment on legislation which might arise this week. . Following discussion, the Commissioners determined that there are no legislative issues about which they are. so concerned that they feel it is necessary to write letters to the legislators. They also recognized that this is a short legislative week, with the legislators taking a break at the mid-point of the legislative session. Discussion - Commissioner oroiects Commissioner Youngman noted that in the February 8 edition of the Nation's Cities Weekly, there is an article entitled White House Announces Millennium Communities Project. She noted the program is for communities that take a leadership role in moving into the new century by undertaking local projects that reflect the theme "Honor the Past--Imagine the Future". She suggested that Bozeman pursue this designation, noting it could possibly attract forward-thinking companies to the community. Following a brief discussion, the Commissioners requested that additional information be provided and that this item be placed on a future agenda for discussion. Discussion - FYI Items . City Manager Johnson presented to the Commission the following "For Your Information" items. (1 ) Agenda for the Downtown Bozeman Improvement District Board meeting which was held at 5:30 p.m. on Thursday, February 18, along with minutes from the IDB meeting held on January 21, 1999. (2) Minutes from the Bozeman Area Bicycle Advisory Board meeting held on February 11, 1 999. (3) Form letters of support for improved outdoor ice rink as proposed by the Bozeman Amateur Hockey Association. (4) Notice that there will be no County Commission meeting this week. (5) Memo from the Planning Office, dated February 19, announcing that there will be no Development Review Committee or Design Review Board meetings this week due to a lack of applications. (6) City Manager Johnson submitted his weekly report as follows. ( 1) I nd icated that he will be the featured speaker at a number of meetings this week. (2) Noted that the . remodeling on the main level of the building is moving forward very well. He stated that, if at all possible, Special Projects Coordinator Goehrung will remain in City Hall instead of moving to the Professional Building. (3) Stated that the City was served with the lawsuit on impact fees late Thursday afternoon, and he has had little time to review it as of this meeting. (4) Stated that he has received word the $5 million in EPA grant monies requires a $4.5 million match in local monies, and may only be used for wastewater and stormwater projects. He indicated that he has contacted both Senator Burns' and Senator Baucus' offices to express his concern with these requirements. 02-22-99 ------- - 8 - (7) Assistant City Manager Brey stated that the Montana Department of Transportation has disallowed the CTEP application for anything except asphalt surface around The Ponds, citing the ISTEA monies as transportation monies and not recreation monies. (8) City Attorney Luwe stated his office will hold a retreat tomorrow and Wednesday afternoon, but he will check for messages on his breaks. (9) Commissioner Rudberg requested that an executive session on the litigation report . recently prepared by the City Attorney be set for late March or early April. (10) Commissioner Smiley submitted the following. (1) Stated that 107 people attended the Northeast Neighborhood meeting held at the Lehrkind Mansion last week. She noted that a number of issues were discussed, and notes of that meeting will be submitted to the Commission when they are completed. (2) Distributed copies of an article providing a breakdown regarding the economic impact of building homes in various communities to the Commissioners. (3) Requested that the minutes from the Design Review Board meetings be forwarded to the Commission in a timely manner. (11) Commissioner Rudberg submitted the following. (1) Stated she passed the skateboard park information along to a woman in the Turner Foundation. (2) Announced that the Beautification Advisory Board will coordinate the Clean Up Bozeman campaign, beginning this year, with the Kiwanis Club providing the lunch. (3) Noted that she will not be present at the March 8 or March 15 Commission meeting. (4) Expressed concern about recent staff presentations before the Planning Board and asked that a more objective approach be taken. Adjournment - 5:50 p.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, Commissioner Youngman and Mayor Stiff; those voting No, none. ~~~ ALF D M. STIFF, M~Yor ATTEST: 9~ ;j;i~ ROBIN L. SULUVAN ___- _ _----., ..-r Clerk of the ~mt?~~~n- _..on -:-_-' > - . _..............~- - - - ~-, ,,-..........---',--. .' '\ -,~~~-,.-<~,:-:" - -' - - . 02-22-99