Loading...
HomeMy WebLinkAbout1999-01-04 Minutes, City Commission ----- MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA January 4, 1999 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, January 4, 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 Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - June 1. June 15. June 29. SeDtember 8. December 7. December 21 and December 28. 1998 Mayor Stiff deferred action on the minutes of the meetings of June 1, June 15, June 29, September 8, December 7, December 21 and December 28, 1998 to a later date. Presentations for Fiscal Year 1999-2000 budgeting Drocess . City Manager Johnson reminded the Commission that this is a continuation of the process which was begun last month. Fire. Fire Chief Aaron Holst distributed a packet of information to the Commissioners, noting it is broken out into three sections, personnel, operations and capital. He stated that information on the workload over the past eleven years and an organization chart are also included. The Fire Chief stated that fire personnel responded to 1,267 emergency calls in 1998, compared with 636 emergency calls for calendar year 1993. The Fire Chief stated that the department has 29 employees, or 26.75 full time equivalents. He stated that the County pays the costs of 1.25 FTEs, and the. 75 FTE is funded through the Building Inspection Division. He noted that with the current staffing level, a two- man engine crew reports from one of the stations 66 percent of the time. If one FTE were added, that would be reduced to 20 percent of the time, and if two FTEs were added, 3-person crews would respond from both stations 100 percent of the time. He then forwarded his requests for additional personnel in the FY2000 budget, including one firefighter, expansion of the Y:z -time clerical position to full-time, and possibly one building/life safety specialist, depending upon Legislature action. The Fire Chief turned his attention to the operations portion of the budget, indicating . that the basic request is for slightly less than the current budget. He requested, however, that monies be added to the budget to accommodate a direct communication link between Fire Station NO.1 and Fire Station No.2, to accommodate installation of the washer and dryer at Fire Station No.1, and to begin the provision of some level of non-transport emergency medical services. Fire Chief Holst stated that the capital portion of the budget for FY2000 is also substantially less than this year's, and includes monies for a confined space ventilation fan and portable radio replacements. He also noted that capital items will also be needed for providing a level of non-transport emergency medical services, and that amount is dependent upon the 01-04-99 - 2 - level of service to be provided. He then reviewed the list of Fire Department projects which have not been included in the five-year funding for the capital improvement program. He stressed that he does support the capital improvement program, even though he may not necessarily agree with the outcome. The Fire Chief highlighted the statistics contained in the eleven-year workload history, stating that the workload has increased dramatically while staffing levels have increased only slightly. He noted that the community has grown from 9 square miles to 13 square miles, and . only 2/3 of the community can now be covered within the desired 4-minutes response time. He also cautioned that some of the fire equipment has been sold because of age and condition; and the 1978 Darley, which is the only engine in reserve, needs to be replaced. He stated that, until the new engine was purchased last year, the City had no engine in reserve, but had to borrow one from Belgrade when an engine was out of service. Responding to Commissioner Rudberg, the Fire Chief stated that approximately 60 percent of the emergency calls to which the firefighters respond are for medical emergency services. Further responding to Commissioner Rudberg, the Fire Chief indicated that he has done an estimate on the purchase of traffic signal pre-emption devices for 13 intersections, the fire engines and some of the staff vehicles, noting that this type of system could help to keep emergency vehicles moving in an emergency situation. He then stressed the importance of avoiding travel in the opposing lane whenever possible because of the significantly higher risks which are encountered when doing so. In response to Commissioner Rudberg, the Fire Chief indicated that, with the annexation of Valley West, staff is now in a better position than it was two years ago to identify possible locations for a third fire station, although no specific site has yet been identified. Responding to Commissioner Smiley, Deputy Chief AI Scholes stated that the Fire . Department currently has the washer and dryer for decontamination in storage because the clean room was not constructed as a part of the remodel. He stated that a 220 volt electrical service must be run to the north side of the engine room, and adequate venting must be installed for the system. Library. Library Director Alice Meister distributed information on the Library's proposed budget for FY2000 along with some background information. She noted that the Library has undertaken a strategic planning process, and that process has identified general information, lifelong learning, current topics and titles, and information literacy as the four roles upon which to concentrate. She stated the Library has also retained a consultant to look at the Library's existing facilities and determine if changes are needed. The Library Director noted that the Library currently has 19.36 FTEs to staff their facility, which is open an average of 57 hours per week and serves approximately 1,000 people per day. She requested that .3 FTE in additional substitute hours be included in next year's budget, to accommodate vacations and sick leave for the employees. Library Director Meister stated that several of the 24 computers and 18 printers need to be replaced. She also indicated that, to address public demands for more information on the web page, she has also included a scanner and a digital camera in her budget requests. She . noted that the weekly instructional programs have been successful and requested that monies be included for a laptop computer and LCD panel to assist in that training. She stated that, to stay abreast of technology changes, it is important for monies to be budgeted for staff training. She also requested monies for the purchase of more books and shelving to meet the demands of the patrons. The Library Director turned her attention to the capital needs of the Library, characterizing a new server and routers as the primary issue, since the current server that supports the automated catalog is not Y2K compliant. She also stated that a need for new furniture, particularly for young adults, has been identified as a priority need. She indicated 01-04-99 .---.- -. ---.---- .-.... ------ - 3 - that more computers with Internet access are needed. She noted that the microform reader/ printer also still needs to be replaced, since it is quite heavily used and no parts are available. Library Director Meister turned her attention to future concerns, noting that the building is rapidly approaching twenty years and is needing maintenance. She also noted that the building is not equipped to enter the 21 st century and, in fact, libraries are now designed to last twenty years. She stated that, in the future, she would like to convert the dumb terminals for BrigerNet access to personal computers which also have Internet access. She stressed the . continued need to provide training for the staff, so they can stay abreast of the continuing technology changes. Commissioner Rudberg noted that the community room is a part of the Library and, if necessary, it could be converted from a meeting room to meet some of the Library's needs. Responding to questions from Commissioner Rudberg, the Library Director stated that the long-range planning committee, which includes all libraries within the County, meets three or four times a year, in an effort to minimize duplication. She also noted that the Belgrade Library's collection is now listed on the BridgerNet, and West Yellowstone has indicated an interest in also joining the system. She then indicated that she also works closely with the MSU Library to ensure that duplication in the collections is minimized. Further responding to Commissioner Rudberg, the Library Director stated that the volunteer hours represent 2 FTEs annually. She noted that many of the volunteers are retired librarians, and some are people who just like to help. Commissioner Smiley stated her support for providing more for the young adults. City Attorney. City Attorney Luwe distributed an information packet on his department . and proposed budget. He noted the information is divided into "who are we?", "what do we do?", future legal service, tools/equipment, and the FY2000 budget. The City Attorney stated that, while all of the positions in this office are now filled, it is rare that all three attorneys are in the office at the same time. He noted that this, in turn, places additional demands on those who are working. City Attorney Luwe characterized the judicial system as a three-legged stool, comprised of the court, police and prosecution. He stressed that any change in one leg impacts the other two. The City Attorney stated that his department provides support to many of the other departments, either directly or through another department. He noted that, with a full complement of employees, he intends to assign an attorney to each department, which will hopefully allow the attorneys to gain a more in-depth understanding of certain departments and possibly allow them to take a proactive role. He stated that this should result in better service to the City's customers. City Attorney Luwe stressed the importance of keeping pace with technology and maintaining a good law library. He noted, as a result, that those issues are addressed in his proposed budget for FY2000. . Responding to questions from Commissioner Smiley, City Attorney Luwe stated that Susan Wordal will be the main prosecutor; however, he noted the other two staff attorneys will be required to provide support in criminal matters which she has conflicts or is on vacation. Commissioner Rudberg recognized the strong secretarial staff in this department, stating they do their jobs well. City Court. City Manager Clark Johnson distributed to the Commission a document outlining possible options for the City Court, beginning in January 1, 2000. He stated that he 01-04-99 - 4 - and various key staff members have been meeting to discuss various options, and have found that changing to a Municipal Court may have advantages. He stressed that, since the City Judge position is up for election this year, if any changes are to be made, they should be made early in 1999, so possible candidates know what to anticipate. The City Manager stated that the second page shows the differences in the costs between a city court and a municipal court, reminding the Commission that even though additional costs in the City Court budget, savings may be realized in other departments, . including the City Attorney and Police budget units. He stated that the biggest advantage of a Municipal Court is that it is a court of record, and any appeals to District Court are, therefore, based on the record. The City Manager stated that, while State statute is rather vague on city courts, it is much more definitive on municipal courts and requires that they be open during certain hours. He noted that the statute also requires that a Clerk of Court be provided. He also proposed that the costs of the bailiff be included in the City Court budget, since one police officer is assigned to the City Court on a full-time basis. He noted that this will more accurately reflect the costs of the court. He recognized that if a full-time court is implemented, it will be necessary to increase the clerical staff to accommodate the workload. City Manager Johnson stated that if the conversion is made to a Municipal Court, a good recording system will be needed so that quality tapes are created. He noted those cost estimates have been included in the proposed budget for FY2000. Responding to Commissioner Rudberg, City Attorney Luwe stated that under the City code, the City Judge must be an attorney or have been a judge for five years; and in a municipal court, the judge must be an attorney. Further responding to Commissioner Rudberg, City Manager Johnson stated that the employees of the court would be under the City's personnel manual, although the Judge would . be responsible for the operation of the entire court system. He stressed that it would be important to ensure that the ordinance specifies that monies collected would be deposited with the City's Finance Department and that generally accepted accounting practices would be followed. In response to Commissioner Rudberg, City Attorney Luwe indicated that portions of the proposed ordinance have been drafted, although they have not been compiled into a single document. He then indicated that he does have copies of the ordinances from a couple of the large communities in Montana that have converted to a municipal court, but they are bare bones ordinances without the type of controls that staff is proposing in Bozeman's ordinance. Commissioner Smiley stated her support for a municipal court system. General discussion. City Manager Johnson noted that Police is the only budget unit remaining, and that will be covered next week. He then indicated that staff will summarize the issues which have been raised and seek Commission feedback. He suggested that if there are holes in what has been provided by individual departments, the Commission may choose to fund those items through its own budget. Mayor Stiff requested that the departments provide a sentence summary and cost. . Following discussion, the City Manager stated that staff will provide a short summary of the issues raised. He also noted that staff will also provide cost estimates for those areas in which they are seeking policy direction and identify a possible source of funding. He indicated that this information will be included in the Commissioners' packets for the January 19 meeting. 01-04-99 - 5 - Break - 5:03 to 5:07 D.m. Mayor Stiff declared a break from 5:03 p.m. to 5:07 p.m., in accordance with Commission policy. Discussion - Commissioner Droiects . (1 ) Commissioner Rudberg noted that Clerk of the Commission Sullivan gave the Commissioners a memo updating them on the status of filling the Deputy Clerk position. She suggested that, in light of the problems being encountered in that process and the fact that the minutes for seven meetings are outstanding, dating back to June, steps should be take to address the issue. She then requested a work session discussion on the matter. Commissioner Youngman noted that during the previous discussion on this issue, some questions were identified and suggested that an update from the Clerk could be beneficial. Commissioner Rudberg requested that the information include the costs of using temporary secretarial services. Commissioner Smiley noted that the one applicant for the Deputy position turned it down because of the salary. She then requested that Personnel Director Pattie Berg attend the work session. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. . (1) Copies of the License Agreements for the Use of Bogert Pavilion by the Farmers' Market for 1995 and 1996. Commissioner Rudberg noted that she had requested this information, which reveals that the City receives $250 a year for the use of the Pavilion, and asked if any donations have been made above and beyond the annual fee. She then asked how much the Farmers' Market receives from renting out the booths. She also asked for a copy of their budget, showing revenues and expenditures. Commissioner Youngman stated that the Farmers' Market did contribute toward the new roof. (2) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, January 5, in the Commission Room. (3) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, January 5, in the Commission Room. (4) City Manager Johnson submitted his weekly report, as follows. (1) Stated that, with the budget discussions and several projects in process, staff members did not realize a slow down over the holidays. (2) Stated that he will attend a meeting regarding Bronken Park . tomorrow morning. He reminded the Commission that the Recreation and Parks Advisory Board has recommended that the City spend $40,000 on the park. He noted that the park has only been roughly leveled at this time and, before he commits public funds, he feels that the park should be substantially complete, including the ballfields, parking and building; the Commission concurred. (5) City Attorney Luwe stated that he, Administrative Services Director Gamradt, Assistant City Manager Brey and City Manager Johnson have been meeting on a regular basis to discuss the impacts of CI-75 and how to deal with them. He noted that as issues are being identified, position papers are being developed, and they will be distributed as completed. 01-04-99 - 6 - (2) Stated that he will meet with other City Attorneys in the Gallatin Valley in about three weeks to discuss the impacts of CI-75. (3) Stated that he will attend the Montana Municipal Insurance Authority board meeting later this week. (6) Commissioner Rudberg submitted the following. (1) Announced that she will miss the Commission meetings of January 25 and February 1. (2) Stated that she will resign from the Victim Witness Board. She noted that Prosecutor Susan Wordal serves on the board, so the City will continue to be represented. (3) Stated that she can no longer serve as liaison to . the Board of Adjustment and asked if another Commissioner wishes to serve in that capacity. No one indicated a willingness to assume that position because of the daytime meeting schedule. (7) Mayor Stiff stated he feels the Commission should recognize the Bozeman High School band for its participation in the Rose Bowl Parade, characterizing the theme, "Echoes of the Century", as saying a lot. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Authorize City Manager to sian - AcceDtance of Public Street and Utility , Easement from Evangelical Free Church of Bozeman for 30-foot by 99.96- foot Dortion of Remington Way across lot 1A. Minor Subdivision No. 191A Authorize City Manager to sian - letter of Intent to Enter into Agency Aareement for Electric Power SUDDly - between City and the Montana Leaaue of Cities and Towns . ExemDtion from subdivision reyiew for aaareaation of Lot 13 and the S% of Lot 14. Block 11. New Hyalite View Subdivision. into lot 13A - Kerry Otis ( 121 0 South SDruce Drive) Authorize City Manager to sian - Utility Cost Share Aareement for Northwest Trunk Waterline Imoroyements - between City and Cape-France. Inc. (for installation of 12-inch water main from intersection of Mandeyille Lane and Wheat Drive. under 1-90. to Baxter Lane) ADDlication for Beer and Wine License - House of Chan. Inc.. dba The Wok. 319 North 7th Avenue - Calendar Year 1999 Ratify City Manager's signature on Confirmation and Agreement - with Montana Power Trading and Marketina ComDany for natural gas services Claims It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner . Frost, Commissioner Youngman and Mayor Stiff; those voting No, none. Recess - 5:25 p.m. Mayor Stiff declared a recess at 5:25 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings and completing the routine business items. 01-04-99 ~_.__.._- - 7 - Reconvene - 7:00 D.m. Mayor Stiff reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings and completing the routine business items. Public hearing - COA with deviations from Section 18.50.060.C.1. 18.65.070.B.2 and 18.65.130. Bozeman MuniciDal Code. to allow construction of 24-foot bv 24-foot CanODY over . Dump island that encroaches 9 feet into 15-foot corner side yard setback. wall signage totallinQ 18.15 sauare feet more than allowed. and low Drofile freestanding sian within vision trianale on lots 15-18. Block 51. West Park Addition - David and Janette Rutledge for Me & Jan's. 919 West Colleae Street (Z-98198) This was the time and place set for the public hearing on a Certificate of Appropriateness with deviations from Section 18.50.060.C.1, 18.65.070.B.2 and 18.65.130 of the Bozeman Municipal Code, as requested by David and Janette Rutledge for Me and Jan's, under Application No. Z-98198, to allow construction of 24-foot by 24-foot canopy over pump island that encroaches 9 feet into the 15-foot corner side yard setback, wall signage totalling 18.15 square feet more than allowed, and a low profile freestanding sign within the vision triangle on Lots 15 through 18, Block 51, West Park Addition. The subject property is more commonly located at 919 West College Street. Included in the Commissioners' packets was a copy of a letter from Mr. David Rutledge, dated December 18, requesting that the hearing before the Design Review Board be delayed until the first meeting in January. City Manager Johnson recommended that the Commission continue its public hearing to February 1, to give the Design Review Board an opportunity to conduct its public hearing on this application. . Mayor Stiff opened the public hearing. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the public hearing be continued to February 1, to give the Design Review Board an opportunity to conduct its public hearing on this application. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those voting No, none. Public hearina - COA with deviation from Section 18.50.050. Bozeman MuniciDal Code, to allow removal of deteriorated garage/shed and construction of new sin ale-car garaae that encroaches aDDroximatelv 7 feet into the reauired 1 O-foot rear yard setback on lots 6-8. Block E. Hoffman's Addition - David and Ellen Boaaeman. 515 South Black Avenue (Z-98207) This was the time and place set for the public hearing on the Certificate of Appropriateness with a deviation from Section 18.50.050 of the Bozeman Municipal Code, as requested by David and Ellen Boggeman, under Application No. Z-98207, to allow removal of a deteriorated garage/shed and construction of new single-car garage that encroaches approximately 7 feet into the required 10-foot rear yard setback on Lots 6 through 8, Block E, Hoffman's Addition. The subject property is more commonly located at 51 5 South Black Avenue. . Mayor Stiff opened the public hearing. Historic Preservation Planner Derek Strahn presented the staff report. He characterized this as a straight forward application, under which a deteriorated garage/shed is to be removed and replaced with a new single-car garage and gravel parking area. He then indicated that, as a result of its review of this application and lack of public comment, staff has recommended approval of the application subject to the boilerplate conditions and a condition to require acquisition of a demolition permit. 01-04-99 - 8 - Mr. David Boggeman, applicant, stated he and his wife have lived at this address for the past seven years. He stated that the roof is caving in on the garage portion of the existing shed/garage, and the structure supports are gone. He indicated that, since the garage is not salvageable, they wish to construct a new garage on the other side of the shed, which will give them a better turning radius into the garage. He noted that the new structure is to be constructed so that it looks like it does now, with the same type of materials to be used. He stated that the neighbors have constructed a fence and, when combined with the location of the existing power pole, a garage constructed in the location of the existing garage would be . difficult to access. No one present to speak in opposition to the requested deviation. Since there were no Commissioner objections, Mayor Stiff closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission approve the Certificate of Appropriateness with a deviation from Section 18.50.050 of the Bozeman Municipal Code, as requested by David and Ellen Boggeman, under Application No. Z-98207, to allow removal of a deteriorated garage/shed and construction of new single-car garage that encroaches approximately 7 feet into the required 10-foot rear yard setback on Lots 6 through 8, Block E, Hoffman's Addition, subject to the following conditions: 1. The applicant shall receive a demolition permit from the City of Bozeman Building Inspection Division for the removal of the existing garage/shed prior to the removal of said structure. 2. The applicant shall obtain a building permit within one year of Certificate of Appropriateness approval, or this approval shall become null and void. 3. This project shall be constructed as approved and conditioned in the . Certificate of Appropriateness application. Any modifications to the submitted and approved drawings shall invalidate the project's approval unless the applicant submits the proposed modifications for review and approval by the Planning Office prior to undertaking said modifications, as required by Section 18.62.040 of the Bozeman Municipal Code. 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. Public hearing - COA with deviations from Sections 18.18.030 and 18.50.120.K. Bozeman Municioal Code. to allow conversion of basement to an aoartment on a lot with width 10 feet less than reauired. construction of a 2 % -foot bv 13-foot addition. and to allow one of four on- site Darking SDaces to be in side yard on Lots 19-24. Block 16. Park Addition - Thomas and Marv Ellen Wolfe. 420 West Curtiss Street (Z-98211) This was the time and place set for the public hearing on a Certificate of Appropriateness with deviations from Sections 18.18.030 and 18.50.120.K of the Bozeman Municipal Code, as requested by Thomas and Mary Ellen Wolfe, under Application No. Z-98211, to allow conversion of the basement into an apartment on a lot with width 10 feet less than required, to allow construction of a 2 Y2 -foot by 13-foot addition, and to allow one of four on-site parking . spaces to be in side yard on Lots 19 through 24. Block 16. Park Addition. The subject property is more commonly located at 420 West Curtiss Street. Mayor Stiff opened the public hearing. Historic Preservation Planner Derek Strahn presented the staff report. He stated that under this application, the basement of an existing house is to be converted to an apartment. He noted that two deviations are required to accommodate this proposal. The first is to allow two dwelling units on a lot which is 50 feet wide, or 10 feet narrower than the 60-foot lot width required in the zone code. The second deviation is to accommodate parking on the site. 01-04-99 --.. --- .---..--- - 9 - The Historic Preservation Planner stated the applicants are proposing to park two cars in the garage and to stack two cars in the driveway. He noted that staff is concerned about the problems that this could create when trying to jockey the cars into position. He stated staff is also concerned about the fact that the driveway has historically been shared with the property to the east and, as a result, quickly narrows to a single car width on this property. He stated that, because of these concerns, staff has proposed possible parking options for the applicant to consider, and recommended that the staff be given the latitude to work with the applicant to reach an acceptable resolution. He indicated that the conditions, as recommended, . provide for that latitude. Mr. Tom Wolfe, applicant, stated the main issue, as identified by the Historic Preservation Planner, is parking. He then indicated that he feels the issue can be worked out satisfactorily with staff and his neighbor and encouraged Commission approval. No one present to speak in opposition to the requested deviations. Since there were no Commissioner objections, Mayor Stiff closed the public hearing. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the Commission approve the Certificate of Appropriateness with deviations from Sections 18.18.030 and 18.50.120.K of the Bozeman Municipal Code, as requested by Thomas and Mary Ellen Wolfe, under Application No. Z-98211, to allow conversion of the basement into an apartment on a lot with width 10 feet less than required, to allow construction of a 2 % -foot by 13-foot addition, and to allow one of four on-site parking spaces to be in side yard on Lots 19 through 24, Block 16, Park Addition, subject to the following conditions: 1. Given that the property in question shares a driveway with the property immediately to the east and is rather narrow, the proposed stacking configuration may present some access and orientation difficulties. For . this reason, the applicant should seriously consider (1) accessing the existing garage from the alley through the creation of a south elevation garage door or (2) creating a separate gravel parking area in the rear yard for one or both of the required additional parking places. A. Said parking mod ifications should conform with the requirements outlined in Section 18.50.120 of the Bozeman Municipal Code. B. Should proposed parking configurations be modified, a revised site plan shall be submitted to the City-County Planning Department for review and approval prior to the issuance of a building permit. 2. Should the applicant elect not to address new parking requirements in the rear yard, and instead chooses to stack off-street parking spaces (as proposed on the submitted site plan) then efforts must be taken to create "physically separated individual driveways", as per requirements set out in Section 18.50.120.J of the Bozeman Municipal Code. A. Intended to clearly distinguish between each designated stacked parking space, physical separation can take a variety . of forms, including: 1. A landscaped division, such as a strip of grass or a planter, between the proposed stacked parking spaces; or 2. The addition of two separate garage doors. B. To help ensure that the proposed stacking does not adversely affect the neighbors to the east, a letter from the 01-04-99 - 10- property owner(s) to the east indicating their understanding and acceptance of the proposed stacked parking configuration shall be submitted to the City-County Planning Department prior to the issuance of a building permit. C. Revised plans clearly indicating the required modifications shall be submitted to the City-County Planning Department for review and approval prior to the issuance of a building . permit. 3. The applicant shall obtain a building permit within one year of Certificate of Appropriateness approval, or this approval shall become null and void. 4. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness application. Any modifications to the submitted and approved drawings shall invalidate the project's approval unless the applicant submits the proposed modifications for review and approval by the Planning Office prior to undertaking said modifications, as required by Section 18.62.040 of the Bozeman Municipal Code. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Stiff; those voting No, none. Public hearing - Commission Resolution No. 3272 - intent to annex 6.9046 acres described as Lot 1A and Lot 3A. Minor Subdivision No. 162A. and Lot 2. Minor Subdivision No. 162. located in Section a. T2S. R6E. MPM (alan a west side of Haggertv Lane at Ellis Street) (A-9a06) . This was the time and place set for the public hearing on Commission Resolution No. 3272, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3272 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONTANA. DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARL Y DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Mayor Stiff opened the public hearing. Assistant Planner Joni Killebrew presented the staff report. She stated that under this application, 6.9 acres located at the intersection of Haggerty Lane and Ellis Street is to be annexed to the city. She noted that Comstock Apartments, Phase I, is located on one parcel, the proposed Comstock Apartments, Phase II, is to be constructed on one of the parcels, and the Klondike Building is located on the third parcel. She stated the Klondike Building is to be converted into two four-bedroom units, and all of the apartments within the Comstock development are to be affordable to people at or below 60 percent of median income. . The Assistant Planner stated that staff has reviewed this application in light of the four goals and eleven policies set forth in Commission Resolution No. 3137, and the staff's comprehensive findings are contained in the written staff report, which has been submitted to the Commission. She briefly highlighted those findings, stating that staff has recommended approval of the request, subject to addressing of the following issues: 1. The Annexation Agreement, which addresses all conditions placed on the application by the City Commission, shall be returned to the City of 01-04-99 ._________._..____.._._.____..__._ .._ __n__ __ .__._._...___.__.__. - 11 - Bozeman within one year of the City Commission's vote to annex the property, or the annexation approval will be void. 2. The applicant shall submit an annexation map with a legal description of the property with the Annexation Agreement. The map must be supplied on a mylar (18-inch by 24-inch) for City records and on either letter or legal size paper for filing with the Annexation Agreement with the County Clerk and Recorder. This map must be acceptable to the Director of Public . Service. 3. The property owner(s) shall provide usable water rights, or cash-in-lieu thereof, in an amount to be determined by the Director of Public Service, at the time the Annexation Agreement is submitted; HOWEVER, The applicant has asked that the commission waive the cash-in-lieu requirement for the existing buildings that have been connected to city water services prior to the annexation. The applicant is seeking a waiver for Phase I and the Klondike Building for a total of 26 units. The applicant will provide cash-in-lieu for the 32 units in Phase II of the Comstock Apartments. 4. The Annexation Agreement shall include executed waivers of right to protest the creation of special improvement districts for: a. A city-wide park maintenance district, which would provide a mechanism for the fair and equitable assessment of maintenance costs for City parks b. Traffic signal at the intersection of Haggerty Lane and East . Main Street c. Traffic signal at the intersection of Highland Boulevard and Ellis Street d. Street improvements to Haggerty Lane, including paving, curb and gutter, sidewalk and storm drainage improvements e. Street improvements to Ellis Street, including paving, curb and gutter, sidewalk and storm drainage improvements The documents filed shall specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. 5. Comstock Apartments, Phase I and Phase II, including the existing Klondike Building, shall be assessed street and fire impact fees upon annexation and said fees shall be paid prior to finalization of the annexation. Comstock Apartments, Phase II, shall pay applicable water . and sewer impact fees at the time building permits are drawn. 6. The Annexation Agreement shall advise the Landowner that prior to any further development on the subject annexation,(other than the previously approved Comstock, Phase II, project) a stormwater drainage and grading plan may be required to be provided to and approved by the City Engineer. The plan must demonstrate that adequate drainage of the site will be achieved by providing sufficient spot elevations, flow direction arrows and culvert capacity calculations. Storm water detention/retention basin 01-04-99 0 - 12 - details including basin sizing calculations, basin side slopes (typical sections), outlet structure details and orifice sizing shall be provided. 7. The Annexation Agreement shall advise the Landowner that prior to any further development on the subject annexation (other than the already approved Comstock, Phase II, project), the developer's engineer may be required to prepare a comprehensive design report evaluating the existing capacity of both the water and sewer utilities. The report must include . hydraulic evaluations of each utility for both existing and post development demands. The report findings must demonstrate that adequate capacity is available to serve the full development. If adequate water and or sewer capacity is not available for the full development, the report must identify what necessary water and sewer system improvements are required for full development. The developer may be responsible to complete the necessary improvements to serve the full development. 8. The Annexation Agreement shall advise the Landowner that prior to any further development of the subject annexation property, (other than the previously approved Comstock, Phase II, project) the developer may be required to improve Ellis Street through the subject annexation to full City standard including paving, curb and gutter, sidewalk and any necessary storm drainage improvements. The Associate Planner stated that the applicant has raised two issues, which the Commission must address. She noted that he has requested the Commission waive the cash- in-lieu of water rights payment for the existing 26 units, stating that he is willing to pay the cash-in-lieu payment for the additional 32 units, which amounts to a $3,533.63 waiver. She . then stated that No.5, as listed above, requires the payment of street and fire impact fees for all apartment units in the Comstock development prior to annexation; and the applicant has requested that the street and fire impact fees be waived for all but the 32 new units. Mr. Dab Dabney, applicant, stated that he drew the building permit for Phase I of the Comstock Apartments in December 1995, and they have been occupied since October 1996. He stated that the street and fire impact fees are $200 per unit and, when added to the $3,533.63 in water rights fees, the fees exceed the property's total net operating cash flow for 1998. He indicated that development of the property cost $1.1 million, and the cash flow generated will be less than $700,000 for the year. In light of those figures, he asked that the Commission favorably consider the requested waivers. Responding to questions from Commissioner Rudberg, Mr. Dabney stated that his request for waivers of the fees includes the two units to be located in the Klondike Building, stating that he is willing to pay the fees for the 32 new units in Comstock, Phase II. Assistant Planner Killebrew stated that the amount calculated for impact fees does not include the two units in the Klondike Building, but the amount calculated for the cash-in-lieu of water rights does. Responding to Mayor Stiff, City Attorney Luwe stressed that this is an annexation process and, under this process, the Commission may waive impact fees, based on what is in . the best interests of the community. He stated that, in this instance, the provision of affordable housing units may be taken into consideration. He cautioned that, once the property is annexed, any units constructed on the property will be subject to the applicable impact fees, under the provisions of the impact fee ordinance. Responding to Commissioner Frost, Assistant Planner Killebrew stated that she discussed the issue of whether cash-in-lieu of water rights may be waived with the Director of Public Service. She noted that, since the issue is addressed in a Commission policy and not an ordinance, his position is that the Commission may waive the payment at its discretion. 01-04-99 --...-.--.. - - 13 - No one to speak in opposition to requested annexation. Since there were no Commissioner objections, Mayor Stiff closed the public hearing. Commissioner Frost stated that, while he supports the requested waiver of impact fees, he is concerned about waiving the payment for water rights, particularly in light of potential water shortages with continued growth. Commissioner Youngman stated her support for the requested waivers, particularly since . they help to address the issue of affordable housing. She noted that in this instance, the level of affordable housing being provided is well beyond the federal requirements. Commissioner Rudberg stated her support for the requested fee waivers, stating she feels they are appropriate in this instance. Commissioner Smiley and Mayor Stiff indicated their concurrence with that position. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission authorize and direct staff to bring back an annexation agreement addressing Item Nos. 1 through 8, above, as revised to accommodate waivers of the cash-in-lieu of water rights and street and fire impact fees for the existing 24 units in Comstock, Phase I, and the two units to be located in the Klondike Building. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stiff; those voting No, none. Acknowledae receipt of and concur in staff's recommendation to not discontinue use of that Dortion of West Beall Street from the west side of North 10th Avenue to the east side of the alley between North 10th and North 11 th Avenues City Manager Johnson reminded the Commission that this item was continued from the . December 21 Commission meeting. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission concur in staff's recommendation to not discontinue use of that portion of West Beall Street lying between the west side of North 10th Avenue and the east side of the alley between North 10th and North 11 th Avenues. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those voting No, none. Consideration of Audit Committee recommendation for two-year extension of agreement with Veltkamp. Stannebein and Bateson for audit services; authorize City Manager to execute necessary documents The City Manager reminded the Commission that at the December 21 meeting, Mayor Stiff submitted the Audit Committee's recommendation, which included a two-year extension of the agreement for audit services, at the same fee as they bid for the past two years. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission concur in the Audit Committee's recommendation for a two-year extension of the agreement with Veltkamp, Stannebein and Bateson for audit services and authorize the City Manager to execute the necessary documents. 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. Ordinance No. 1484 - amending Section 10.32.030 of the Bozeman Municioal Code. to orohibit Darking a vehicle in front of a mailbox or similar receDtacle utilized for Dostal deliverv Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1484, as approved by the City Attorney, entitled: 01-04-99 ... -.- ..-- ---.-------.- - 14 - ORDINANCE NO. 1484 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING A NEW SECTION 10.32.030.A.14. TO SAID CODE, PROVIDING A PROHIBITION AGAINST PARKING A VEHICLE IN FRONT OF A MAILBOX OR SIMilAR RECEPTACLE UTILIZED FOR POSTAL DELIVERY. . It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that Ordinance No. 1484, prohibiting the parking of a vehicle in front of a mailbox or similar receptacle utilized for postal delivery, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Stiff; those voting No, none. Ordinance No. 1485 - amending the monthly salary of the City Judge for Fiscal Year 1998- ~ Included in the Commissioners' packets was a copy of Ordinance No. 1485, as approved by the City Attorney, entitled: ORDINANCE NO. 1485 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING ORDINANCE NO. 1476, WHICH ESTABLISHED THE MONTHL Y SALARY OF THE CITY JUDGE OF THE CITY OF BOZEMAN FOR FISCAL YEAR 1998-1999. Distributed to the Commission just before the Commission meeting was a memo from City Attorney luwe, dated January 4. . Mr. John Kauffman, attorney representing City Judge Patricia Kyle Carlson, distributed a letter with support information to the Commissioners, which he then reviewed. He stated the request is to correct the former ordinance to accurately reflect what the City Manager indicated the City Judge's salary would be in his letter. He stated that, based on the gross figure in that letter, less the salary for Court Administrator, the daily rate should be $112.74, for 260 work days. He then stated that the, because the Judge portion of the salary was divided by 305 days instead of 260 days, the daily rate was miscalculated in the recommendation forwarded to the Commission. Mr. Kauffman stated that the City Judge relied on the information submitted in the City Manager's letter and incurred additional expenses based on that information. He stated that the ordinance before the Commission corrects the previous error and asked the Commission to adopted it in good faith. In response to questions from Commissioner Frost, the City Manager checked his computer and reported that his memo to the City Judge was prepared on July 23. Commissioner Rudberg noted that calculation of the daily rate for the City Judge was based on 305 days because that was the number of days she reported working in the previous year. She then asked what the phrase "preside over a session of City Court or attend training sessions" means. . City Judge Carlson stated "preside" means many things, and is not limited to sitting in court and creating a court record. She then stated that the days beyond 260 days worked are when she has gone to the office, the Police Department and dispatch and reviewed probable cause affidavits. She noted that when a person is arrested on a weekend or a holiday, a probable cause affidavit is created, and no one can remain in jail until a determination has been made by a judicial officer that the person is believed to have committed a crime, and the individual just then be incarcerated or given a bond. She stated that she and Justices of the Peace Wyckman and Smith rotate the weekend duties, so she does not work all of them. She 01-04-99 - -- .- -. ._._ .....___...___._m_._.__ ._-'-_.~-- - 15 - also stated that she uses the quiet time on weekends to sign orders, review files and make judicial decisions. Commissioner Rudberg stated that an individual must appear before a judge with 48 hours of being booked. She noted that, based on that information, only those individuals arrested between Friday afternoon and Saturday morning would need to be arraigned at a special weekend time. . The City Judge stated that she also is available to the police officers on weekends for numerous things including search warrants and setting bonds. She noted that a lot of things happen when she is not in court. She stated that if she receives no calls, then she does not list it as a day worked. Commissioner Rudberg stated that the Commission must clarify when the Judge is to be paid, stating that the combining of the City Judge and Court Administrator positions has blurred the line. She indicated her support for separating the two positions as soon as possible, recognizing that the work is too much for one individual to handle. She then indicated that the ordinance establishing how the salary is calculated needs to be reviewed and possibly revised, to eliminate the problems that are arising. Commissioner Rudberg recognized that a calculation error did occur; however, she stated the salary ordinance was established by the Commission based on the information available. She noted that the City Judge was paid for 305 days in 1997; however, she noted that the calendar reflected only 142 court dates, 43 days of which were covered by substitute judges. She stated that leaves only 99 days of court, and questioned on what basis the City paid for 305 days. She then stated that the City Manager cannot make a contract with an elected official for the salary; that is an issue that must be addressed by the City Commission. Mr. Kauffman characterized the proposed ordinance as an issue of equitability and fairness. He then suggested that the questions which have been raised would be best . answered by visiting the court. He indicated that if the information provided by the Court is confusing, then different reports should be prepared. City Judge Carlson stated that many trials have been cancelled because she has been able to keep the pressure on the parties involved, and that has resulted in savings of both time and money. She then indicated that a substitute judge sits in if she has a conflict on a case, and that may involve several steps and appearances. Commissioner Rudberg noted that the amount budgeted for substitute judges this year was $2,000; and in a two-month period, $2,400 was spent for that purpose. She then noted that a $28,000 budget amendment was also required for the City Court for Fiscal Year 1998 to cover overages in expenditures. Mayor Stiff stated there was no contract with the City Judge until the Commission acted. He then indicated he cannot support adoption of this ordinance because he feels the salary was appropriately set, and he does not want to set a precedent. Commissioner Frost recognized the legalities involved and indicated his appreciation for the City Attorney's memo. He stated, however, he is concerned that the memo from the City Manager led to higher expectations than the ordinance fulfills. He stated the Commission made its decision without knowing all the facts and he feels the Commission should now act in good . faith. Commissioner Youngman stated she finds the entire issue confusing, and stressed that it must be made clearer for everyone in the future, possibly through better defining the days for which the Judge salary is to be paid. She then indicated that if she had known the salary ordinance was based on other than a normal work week, she would have wanted to discuss the issue. She stated that, while she does not want to overpay anyone, she also does not want to underpay anyone. 01-04-99 ------------ -- - 16 - City Attorney Luwe stated that under the Bozeman Municipal Code, the Commission sets the annual salary and the daily rate and that daily rate is then paid for the number of days the Judge presides. He noted that at 305 days, the City Manager's letter is correct, so that is no error. He further stated that if the Judge works more than 260 days at the proposed rate of $112, the Judge will be paid more than was contemplated in the City Manager's letter. Commissioner Youngman stated she is concerned by the expectation that an individual must work overtime to get the salary quoted; however, she stated she is also concerned about . setting the salary at the requested rate without first amending the ordinance establishing how the salary is paid. City Attorney Luwe cautioned that, while the Commission may adjust the code and the salary being paid to the Judge, it may wish not to decrease the salary being paid. Mr. John Kauffman stated that the amount listed in the City Manager's memo is $43,052; and that is what the Judge is seeking. He then noted the letter also references additional cash benefits, but the Judge receives none. City Manager Johnson responded that he developed a form letter and spread sheet for all employees who were previously included in the mid-management group, particularly since those individuals have brought with them different kinds of benefits. He stated that in the City Judge's case, the only benefit she receives beyond her salary is a full coverage insurance premium. Commissioner Rudberg stated she feels the base of 305 days should be questioned, noting that if that information had not been included in the data base, the calculation error would not have occurred. City Attorney Luwe stated that, if a majority of the Commission wishes, the basic ordinance can be revised to decrease the level of pay after 260 days. . Responding to Mayor Stiff, the City Attorney stated that in dealing with a municipality, an individual is responsible for knowing the authority of the other person; and in this instance, the City Manager had no authority in setting the City Judge's salary. He then stated that, despite the City Manager's letter, the Commission had the right to set the salary at whatever level it chose. He then reminded the Commission that the salary ordinance previously adopted was a public document and as subject to two adoptions. He suggested that it is an individual's responsibility to review that document to ensure that it is accurate prior to final adoption, and to bring any discrepancies to the Commission's attention. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that Ordinance No. 1485, amending the salary of the City Judge for Fiscal Year 1998-1999, be provisionally and that it be brought back in two weeks for final adoption. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Frost; those voting No being Commissioner Smiley, Commissioner Rudberg, Commissioner Youngman and Mayor Stiff. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the Commission authorize and direct staff to bring back a revised ordinance to reflect the Commission's discussion of the matter, for Commission consideration. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Smiley and Commissioner Frost; those voting No being Commissioner Rudberg . and Mayor Stiff. Adjournment - 8:45 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. 01-04-99 . -.--.-.-- - 17 - ~d~/~ ATTEST: ALF M. STI FF, Mayor .~... o Z~~~ ROBIN L. SJ.,Il-tl\iAN~ .:.- Clerk of the -~mmissioJl -~ . . ..~-,~- . --- _.~ --.. '. ._~~~ - . .- - . ~ . ,'" ~/r 0 --- - . . 01-04-99