HomeMy WebLinkAbout1998-11-09 Minutes, City Commission
MINUTES OF THE SPECIAL MEETING/WORK SESSION/AGENDA MEETING
OF THE CITY COMMISSION
BOZEMAN, MONTANA
November 9, 1998
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. The Commission of the City of Bozeman met in special meeting, work session and
agenda meeting in the Commission Room, Municipal Building, Monday, November 9, 1998, 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.
Signing of Notice of Soecial Meetina
Each of the Commissioners, in turn, signed the Notice of Special Meeting.
. Decision - Condition.1 Use Permit for Planned Unit Develooment - Lowell SorinQer for C.stlebar
Limited PartnershiD - allow the develooment of a 72-unit aoartment comolex on 6.748-acre
tract of land described as Lot 3. Annie Subdivision, Phase II (1200 North 25th Avenue)
(Z-98144)
This was the time and place set for the decision on a Conditional Use Permit for a
Planned Unit Development, as requested by Lowell Springer on behalf of Castlebar Limited
Partnership under Application No. Z-98144, to allow the development of a 72-unit apartment
complex on a 6.748-acre tract of land described as Lot 3, Annie Subdivision, Phase II. The
subject property is more commonly located at 1200 North 25th Avenue.
Included in the Commissioners' packets was a memo from Senior Planner Dave Skelton,
dated November 5, 1998, in which he forwarded suggested revisions to the recommended
conditions of approval, based on the discussions at last week's Commission meeting and
information submitted by the Commissioners subsequent to that meeting.
. Senior Planner Skelton gave a brief overview of this project to date. He then reviewed
his memo, in which he forwarded revisions to Condition Nos. 11, 37, 38, 39, 40, 41 and a
new Condition No. 42, noting that the last condition was based on discussions with
Commissioners and staff following last week's meeting. He stated the applicant has received
a copy of the memo and has requested that Condition No. 11 be modified to tie the occupancy
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permits to installation of the traffic signal rather than the building permits. He then noted the
City Attorney has indicated that if the Commission wishes to open its discussion to include the
applicant, it must also accept comments from the public.
Mr. Tom Mannschreck, applicant, asked that Condition No. 11 be revised so that it is
. consistent with the Commission's unanimous approval of Rose Park Subdivision at last week's
meeting. He then stated he has no problem with the proposed Condition Nos. 37, 38,40 and
41. He suggested that the revisions to the restrictive covenants which he submitted with his
letter dated November 6 might adequately address Condition No. 39. He then asked that
Condition No. 42 not be made a condition of approval, stating he feels the language in the
covenants adequately addresses the issue.
Responding to Mayor Stiff, Mr. Mannschreck stated he is concerned about the
subjectivity of the language in Condition No. 42 and expressed concern that it could be
misconstrued in the future, thus negatively impacting this project. He then asked if this type
of condition was imposed on Rose Park and reiterated his desire to be treated equally. He
stated that he is very involved in the management of his properties and, under the covenants
. as proposed, the Commission would hear any violations issued under the covenants. He
stressed that if that were to occur, he would be present at the hearing.
City Attorney Luwe stated that he has some recommendations for changes in the
covenants. He cautioned that under the covenants as suggested, if a problem arises, the City
will be in the business of running the apartment complex and, in light of CI-75, he is concerned
about that possibility. He also suggested that a hold harmless clause be added as well as an
acknowledgment that the applicant has the authority to enter into the agreement.
Commissioner Youngman noted that if Condition No. 40 is approved as written, the
Planning Office will review the covenants prior to final site plan, and suggested that the City
Attorney's concerns could be addressed under that condition as well.
City Attorney Luwe confirmed that would be an option, particularly since the Planning
. staff typically looks to him for legal review on this type of issue.
No one from the public was present to speak.
Responding to Commissioner Rudberg, the Commissioners concurred that Condition No.
11 should be revised to be consistent with the approval of Rose Park Subdivision.
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Commissioner Rudberg stated that, with Condition No. 40 and the revised covenants,
she has no problem with dropping Condition No. 42, as requested by the applicant.
Commissioner Smiley stated her concurrence with Commissioner Rudberg's comments.
Mayor Stiff stated that, following last week's meeting, he talked to the Planning staff
. and City administration and read through the documentation provided in the notebook. He
suggested that many of the issues contained in some of the other suggested revisions to the
conditions are also addressed under that documentation and could possibly have been
eliminated, however, he felt it was appropriate to allow them to remain. He then indicated he
feels that Condition No. 42 should be included.
Responding to Commissioner Youngman, Mayor Stiff stated that the applicant for Rose
Park Subdivision has made a commitment to work with the neighborhood. He then recognized
that the Rose Park Subdivision is quite a large project; however, he stated that a mixture of
owner-occupied units and rentals will result in a substantially different development from what
is proposed under this application.
Commissioner Youngman stated that she could support Condition No. 42 if only the last
. sentence were used. She indicated however, that she cannot support the remainder of the
language because she is concerned about the potential problems it could create.
Commissioner Frost stated that City Attorney Luwe has prepared a letter disclosing his
conflict of interest. He then stated that, with that disclosure, he will now participate in
discussion and the decision on this item. He indicated his support for the requested change
in Condition No. 11 and stated he feels Condition No. 42 is essentially superfluous, except for
possibly the last sentence.
Commissioner Rudberg thanked Mr. Mannschreck for his letter dated November 6, and
apologized that he was scolded for Arcadia Gardens. She also addressed the comments in his
letter regarding the confusion about the process and the issue of inclusionary zoning. She then
forwarded her message to those dealing with affordable housing that a mandatory type of
. zoning is not what the Commission wants.
It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the
Commission approve the Conditional Use Permit for a Planned Unit Development, as requested
by Lowell Springer on behalf of Castlebar Limited Partnership under Application No. Z-98144,
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to allow the development of a 72-unit apartment complex on a 6.748-acre tract of land
described as Lot 3, Annie Subdivision, Phase II, subject to the following conditions:
1. The applicant is advised that the subject property is in the SID No. 621
(sewer) payback area. The complete payback will be required prior to
issuance of building permits.
. The developer is also advised that the subject property is in the Northwest
Water Line pressure zone, hence the primary water main extension for this
development must originate from the main in West Oak Street. The West
Oak Street water main, currently funded under SID No. 665 and under
design, is tentatively scheduled for construction in early 1999. Additionally,
as a consequence of the City's seven year street cut moratorium for new
streets, the developer will want to make sure that this water main
installation precedes the paving of West Oak Street;
2. The developer shall provide and file with the County Clerk and Recorder's
office executed waivers of right to protest creation of SIDs for the
following:
a. Street improvements to West Oak Street, North 27th Avenue
and North 25th Avenue including paving, curb and gutter,
sidewalk and storm drainage improvements.
b. Signalization of the intersection of West Oak Street and North
19th Avenue.
The document 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;
3. The full extent of all improvements proposed for each phase shall be clearly
identified on all submittals;
4. Stormwater master plan:
A stormwater master plan for the subdivision for a system designed to
remove solids, silt, oils, grease, and other pollutants from the runoff from
the private and public streets and all lots must be provided to and approved
by the City Engineer.
The master plan must depict the maximum sized retention/detention basin
location, and locate and provide easements for adequate drainage ways
within the subdivision to transport runoff to the stormwater receiving
channel. The plan shall include sufficient site grading and elevation
information for the basin sitesr drainage ways, and lot finished grades,
typical stormwater retention basin details including basin typical sections
. and basin sizing calculations, and a stormwater maintenance plan.
Any stormwater ponds located within park or open space shall be designed
and constructed so as to be conducive to the normal use and maintenance
of the park or open space. Storm water ponds may not be located in public
rights of way or street easements;
5. Plans and specifications for the water and sewer main extensions and a
comprehensive utilities design report prepared by a Professional Engineer
(PE) registered in the State of Montana shall be provided to and approved
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by City Engineer. Water and sewer plans shall also be approved by the
Montana Department of Environmental Quality. The applicant shall also
provide professional engineering services for construction inspection, post-
construction certification and preparation of mylar record drawings.
Construction shall not be initiated on the public infrastructure until the
plans and specifications have been approved by the City Engineer and a
pre-construction conference for the work has been conducted.
. No building permits for any phase of development will be issued prior to
City of Bozeman acceptance
of water and sewer infrastructure
improvements for that phase;
6. Water mains shall be fully looped with each phase of development;
7. The location of and distinction between existing and proposed sewer and
water mains and easements shall be clearly depicted on the preliminary
plan submittal. All proposed water and sewer mains shall be extended to
the property lines to adequately accommodate future extension and/or
looping.
We recommend that the applicant consider revising the proposed sewer
plan to take advantage of the fact that a sewer main is already available in
North 27th Avenue;
8. The rights of way for North 25th Avenue, North 27th Avenue and West
Oak Street adjacent to this development shall be properly dedicated or
otherwise granted to the City prior to final site plan approval;
The right of way to be dedicated for North 25th Avenue is one-half of 60
. feet, that is, 30 feet.
The developer shall dedicate one-half of a 120 foot right-of-way (60 feet)
for West Oak Street adjacent to this development unless an alternative
geometric street design which addresses the necessary transition in width
and alignment of West Oak Street is approved by the Director of Public
Service, the City Engineer and the City Planning Director. The design
submitted must demonstrate conformance with the future alignment and
right-of-way of West Oak Street at 27th Avenue as shown in the approved
preliminary plat for Harvest Creek Subdivision. The developer should also
coordinate any such design with the proposed Rose Park Subdivision
located immediately to the east. The specific geometry of the transition
shall be included in the design documents for the improvements to West
Oak Street.
The developer shall also dedicate one-half of a 110 foot right-of-way (55
feet) for North 27th Avenue adjacent to this development unless an
alternative geometric street design which
addresses the necessary
transition in width of North 27th Avenue is approved by the City Planning
Director, Director of Public Service and the City Engineer;
9. Should North 25th Avenue be connected to Annie Street rather than North
. 25th Avenue, a detailed traffic study report, prepared by a professional
engineer (P.E.) registered in the State of Montana and qualified in the area
of traffic engineering, shall be provided to and approved by the City
Engineer. The report shall address existing and projected traffic volumes
on all internal and perimeter streets and level of service evaluations at the
intersection of Durston Road and North 22nd Avenue. The report shall
include recommendations for any necessary off-site roadway improvements
and shall account for impacts from all projects which have already received
preliminary plat approval from the City of Bozeman;
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10. North 25th Avenue adjacent to this development must be constructed or
financially guaranteed prior to final site plan approval of Phase I. The
developer shall provide the design for a City standard street, that is, 37
feet from back of curb to back of curb, however, if participation of
adjoining landowners cannot be obtained, a 32 foot wide street with curb,
gutter and sidewalk on the west side of the street (adjacent to the
subdivision) will be accepted. The approved street improvements must be
. completed and accepted by the City of Bozeman or financially guaranteed
with the curb, gutter and gravel courses in place prior to issuance of
building permits for Phase I.
Both West Oak Street and North 27th Avenue adjacent to this development
must be constructed or financially guaranteed prior to final site plan
approval of Phase II. Both streets must be completed and accepted by the
City of Bozeman or financially guaranteed with the curb, gutter and gravel
courses in place prior to issuance of building permits for Phase II. The
designs of North 27th and West Oak Street must account for and
accommodate the transitions to a split facility at the intersection of West
Oak Street and North 27th Avenue, Le., two lanes of travel with a median
for the existing power poles. A preliminary design of these two streets
must be received prior to approval of the Phase I final site plan. The final
design must be approved by the City Engineer prior to approval of the
Phase II final site plan.
Access during development of the site shall be from West Oak Street only.
The applicant shall install a barricade on North 25th Avenue, south of the
access to the development, to preclude access from that roadway during
construction;
. 11. A traffic signal system at the intersection of West Oak Street and North
19th Avenue must be in place and fully operational prior to issuance of
occupancy permits for any housing units in the development.
12. Plans and specifications for the public streets, including curb, gutter and
sidewalk and related storm drainage infrastructure improvements and
signalization improvements, prepared by a Professional Engineer (P.E.)
registered in the State of Montana, shall be provided to and approved by
City Engineer for each phase of the development. The applicant shall also
provide professional engineering services for construction inspection, post-
construction certification and preparation of mylar record drawings.
Construction shall not be initiated on the public street infrastructure for any
phase until the plans and specifications for that phase have been approved
by the City Engineer and a pre-construction conference for that work has
been conducted;
13. City standard sidewalk shall be installed and properly depicted at the
standard location (i.e., 1 foot off property line) along the public street
frontages concurrent with the construction of each street. Any deviation
to the standard alignment or location must be approved by the City
Engineer;
. 14. Public street intersection sight triangles shall be free of plantings which, at
mature growth, will obscure vision within the sight triangle;
15. Where project phasing results in dead-end streets, temporary cul-de-sacs
shall be designed and constructed with each phase. Cul-de-sacs shall be
100 foot diameter with a minimum finished surface diameter of 70 feet.
If cul-de-sacs are located off the subject property, easements from the
adjacent property owners to the City will be required. The cul-de-sac(s)
shall be posted no parking;
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16. Turning templates shall be shown on the final site plan which verify that
larger vehicles such as fire trucks will be able to negotiate the proposed
private drive radii;
17. Easements for the water and sewer main extensions shall be a minimum
of 30 foot in width, with the utility located in the center of the easement.
In no case shall the utility be less than 10 feet from the edge of the
. easement. All required easements shall be provided prior to final site plan
approval;
18. Adequate snow storage area must be designated outside the sight
triangles, but on the subject property (unless a snow storage easement is
obtained for a location off the property and filed with the County Clerk and
Recorder's office);
19. Any sewer manholes located outside of an improved surface as a result of
project phasing shall be made accessible for maintenance purposes by
constructing a 12-foot-wide, all-weather access road capable of supporting
the City's maintenance equipment;
20. That the applicant verify on the site plan that a twenty-five (25) foot front
yard setback, exclusive of any required dedicated right-of-way or public
easement for construction of City streets, will be maintained along North
25th Avenue, West Oak Street, and North 27th Avenue, for review and
approval by the Planning Office prior to final site plan approval;
21. That the applicant submit to the Planning Office a legal instrument setting
forth a plan providing for the permanent care and maintenance of open
spaces, recreational areas, and parking lots, for review and approval by the
. City attorney, and that said instrument be executed at the Gallatin County
Clerk and Recorder's Office prior to final site plan approval;
22. That the applicant delineate on the landscape plan all areas designated as
open space that are intended to satisfy the required thirty (30) percent
open space provision of the zoning ordinance, for review and approval by
the Planning Office prior to final site plan approval;
23. That the site plan accurately dimension off-street parking stalls, driving
aisle widths, points of egress/ingress, sidewalks, landscape island widths,
and yard setbacks to ensure compliance with the zoning ordinance, for
review and approval by the Planning Office prior to final site plan approval;
24. Storm water runoff retention ponds located in the required yard setbacks
shall not exceed a maximum slope of 1-in-4 and shall be noted accordingly
on the site plan, for review and approval by the Planning Office prior to
final site plan approval;
25. That the interior pedestrian circulation system (i.e., sidewalks) provide a
link with each of the three perimeter pubic streets (North 25th Avenue,
North 27th Avenue, and West Oak Street) by installing a five (5) foot wide
City standard sidewalk, and that it be delineated accordingly on the site
. plan, for review and approval by the Planning Office prior to final site plan
approval;
26. That prior to Phase II the applicant shall revise the development master
plan of the apartment complex such that the on-site vehicular system
addresses the need for a secondary access to the development from a City
approved public street, for consideration, review and approval by the City
Engineer's Office and Planning Office prior to final site plan approval;
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27. That the applicant revise the landscape plan whereby the landscape along
the south boundary of the property includes a mix of semi-continuous
hedges with coniferous and deciduous trees, and that each phase include
five (5) clustered landscape features containing a mix of large bushes,
shade and common ornamental trees, in addition to the landscape already
proposed, for review and approval by the Planning Office prior to final site
plan and approval;
. 28. That the applicant provide written documentation of a determination by the
Recreation and Parks Advisory Board regarding the need for a public trail
system through the subject property. Should the Recreation and Parks
Advisory Board determine that a public trails is appropriate through said
property, the applicant will design and install a public trail to current City
trail standards connecting both phases during the development of Phase II
of the project, and that the site plan will be revised accordingly to delineate
the location of the trail, for review and approval by the Planning Office
prior to final site plan approval;
29. That the applicant shall install playground equipment, a tot lot and picnic
tables in the common open space, and the site plan shall be revised
accordingly to depict said improvements, for review and approval by the
Planning Office prior to final site plan approval;
30. That the applicant shall execute revised protective
covenants and
restrictions for said project that regulate those nuisances outlined in
Section 18.50.035 of the Bozeman Municipal Code as well as imposes
limitations on the storage of materials, miscellaneous equipment and
accessory items, for review and approval by the Planning Office prior to
final site plan approval;
. 31. That the protective covenants include provisions
making the City
Commission a party to any amendments, modifications or additions to said
conditions of approval, for review and approval by the Planning Office prior
to final site plan approval;
32. That the applicant shall agree in writing, as a condition of approval, that
said affordable housing project will continue to implement low-income
housing credits with the Montana Board of Housing for a period of not less
than forty (40) years;
33. That seven (7) copies of the final site plan containing all of the conditions,
corrections and modifications approved by the Development Review
Committee (DRC) shall be submitted for review and approval by the
Planning Director within six months of the date of DRC approval. A copy
of the approved final site -plan shall be forwarded to the Building,
Street/Sanitation, Water/Sewer, Engineering, and Fire Departments by the
Planning Office; and one copy shall be retained in the Planning Office file;
34. That the applicants shall enter into an Improvements Agreement with the
City to guarantee the installation of required on-site improvements at the
time of final site plan submittal. Detailed cost estimates, construction
. plans and methods of security shall be made a part of that Agreement;
35. That a building permit must be obtained prior to the work, and must be
obtained within one year of final site plan approval. Building permits will
not be issued until the final site plan is approved. Minor site surface
preparation and normal maintenance shall be allowed prior to submittal and
approval of the final site plan, including excavation and footing preparation,
but NO CONCRETE MAYBE POURED UNTIL A BUILDING PERMIT IS
OBTAINED;
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36. If occupancy of any structure is to occur prior to the installation of all
required on-site improvements, the Improvements Agreement must be
secured by a method of security equal to one and one-half times the
amount of the estimated cost of the scheduled improvements not yet
installed. Said method of security shall be valid for a period of not less
than twelve (12) months; however, all on-site improvements shall be
completed by the applicant within nine (9) months of occupancy to avoid
. default on the method of security;
37. That the right to a use and occupancy permit shall be contingent upon the
fulfillment of all general and special conditions imposed by the conditional
use permit procedure;
38. That all of the special conditions shall constitute restrictions running with
the land use, shall be binding upon the owner of the land, his successors
or assigns, and shall be recorded as such with the Gallatin County Clerk
and Recorder's Office by the property owner prior to issuance of any
building permits, final site plan approval or commencement of the
conditional use;
39. That all conditions specifically stated under any conditional use listed in
this title shall apply and be adhered to by the owner of the land,
successors or assigns;
40. That all of the special conditions shall be consented to in writing by the
applicant; and
41. That the applicant, upon submitting the final site plan for approval by the
Planning Director and prior to issuance of a building permit, also submit a
. written narrative outlining how each of the above conditions of approval
have been satisfied.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Frost, Commissioner Youngman and Commissioner
Smiley; those voting No being
Commissioner Rudberg and Mayor Stiff.
Work Session - (A) Presentation re naming of trail - Gallatin Vallev land Trust: (8) Presentations
from Street/Sanitation SUDerintendent re (1) automated aarbaae collection system and (2) out-
of-state travel: and (C) Continued discussion re writina of minutes
(A) Presentation re naming of trail - Gallatin Valley land Trust
Mr. Gary Vodenhal, resource specialist for the Gallatin Valley land Trust, stated that Mr.
Chris Boyd was a co-worker and personal friend. He noted that Chris Boyd's efforts on the
Main Street to the Mountains trail project are recognized by everyone and, to honor those
. efforts, the Gallatin Valley land Trust is asking that the trail in Burke Park be renamed from the
"Highland Ridge Trail" to the "Chris Boyd Trail". Two or three benches could be purchased
with donations, and plaques could be placed on the benches stating they are in memory of Mr.
Boyd and recognizing the donor. He then discussed the details of the proposal.
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City Manager Johnson stated that the renaming of the trail will be included under the
consent items on next week's agenda.
Mr. Vodenhal stated that the Gallatin Valley Land Trust's annual chili feed will be held
on Friday evening and, at that time, he would like to announce the name change.
. The Commissioners indicated their support for the proposed renaming.
(B) Presentations trom Street/Sanitation re (1) automated garbage collection
system and (2) out-at-state travel
Out-ot-state travel. Street/Sanitation Superintendent Roger Sicz gave a brief report on
his recent trip to Las Vegas. He noted the topics at the four-day conference included
stormwater, transportation systems, solid waste, and being an effective leader and manager.
Automated garbage collection system. Street/Sanitation Superintendent Roger Sicz
reviewed the information in the Commissioners' packets, including an update on the garbage
collection program for Fiscal Year 1998-1999 and a summary of the changes in the proposed
program between the April 1997 presentation and today's presentation.
Street/Sanitation Superintendent Roger Sicz stated he is evaluating Phase I of the
. automated garbage collection system which the City implemented on May 4, 1998, with the
acquisition of a 30-yard automated collection truck. He then reviewed the current staffing level
in the Sanitation Department, stating that he wishes to maintain seven people in the
department.
The Street/Sanitation Superintendent stated that several changes have been made in the
proposed alley pick-up portion of the automated collection system. He stated that, rather than
using 300-gallon containers, the 35, 65 and 1 OO-gallon totes will be used; and the new truck
will be a 24-yard truck, which can maneuver more easily in tighter situations. He stated that,
in preparation for the new service, he plans to widen the alleys to the full right-of-way width
and to get people to clean up the backs of their yards and remove encroachments.
The Street/Sanitation Superintendent stated that, if possible, he hopes to add the
. collection of trash from the parks to his schedule, if adequate changes can be made to
accommodate curbside pick-ups. He also suggested that, in light of the deteriorating condition
of the trash receptacles along Main Street, the City consider providing attractive 60-gallon
containers.
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Street/Sanitation Superintendent Sicz turned his attention to the recycling efforts of the
Headwaters Cooperative as well as the City of Bozeman. He characterized the program as a
huge success.
Commissioner Rudberg stated that recycling extends the life of the landfill, and she feels
. it is important to consider that factor when determining whether recycling efforts should be
continued.
Street/Sanitation Superintendent Roger Sicz stated that if the City were to purchase a
tub grinder, the amount of products put in the compost pile could be increased. He also stated
that if the City were to invest in a screen for the compost, it could then be used by other City
departments or sold to the general public.
Responding to Mayor Stiff, the City Manager suggested that, since the City is in a
competitive market for garbage collection, it may be possible to adjust the collection rates
without going to a vote of the people under CI-75. He cautioned, however, that it may not be
possible to adjust the landfill rates in that same manner.
The Commission thanked the Street/Sanitation Superintendent for his presentation.
.
Aaenda Meetina - for reaular meetina and Dublic hearings to be held on November 16. 1998
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.
(8a&b) Responding to the City Manager, City Attorney Luwe suggested that the
Commission proceed with adoption of the resolution of intent to annex since this is a voluntary
annexation. He indicated that, prior to the public hearing, he will review CI-75 to determine
whether the Commission may proceed with annexation of the parcel under that initiative.
Assistant Planner Joni Killebrew distributed a memo dated November 9, regarding the
. requirement for water rights or cash-in-lieu, stating Mr. Dab Dabney has expressed concern
about this requirement and why it was not previously raised. She stated that Mr. Dabney will
ask that the fee be waived since this annexation is for an affordable housing project.
Responding to Commissioner Rudberg, Director of Public Service Phill Forbes stated that,
since 1984, the City's annexation policy has required usable water rights or a cash-in-lieu
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payment for all annexations, in an effort to ensure an adequate water supply for the growing
community.
Responding to questions from the Commission, staff members indicated that the water
rights issue will be addressed during the public hearing and, subsequently, in the Annexation
. Agreement, which the Commission must also approve.
(5 ) City Manager Johnson distributed a rough draft of a memo dated November 9, in
which he forwarded initial information on the budgeting process for Fiscal Year 2000. He
stated that, in light of CI-75, it is important to begin the budgeting process as quickly as
possible, so that adjustments in rates or fees can be placed on the upcoming ballot. He
suggested that the budget process be modified somewhat, with department heads coming in
during the December Commission meetings to make presentations on their operations, after
which the Commission will formulate its direction. He asked that the Commissioners look at
the City operations closely and ask the hard questions, determining what program changes may
need to be made. He stressed that, in light of the timelines facing the City, it is important that
the budget process be geared up quickly and that it move faster than in past years.
. Responding to Mayor Stiff, the City Manager confirmed that under the new budget
format, the Commission will essentially set its goals at the front of the process, rather than
when the staff's budgeting process is nearly complete.
(8d) The City Manager stated that, under this agreement, an intern from MSU will be
retained to build the base layer for GIS. He stressed that this is in place of hiring the new GIS
Coordinator at this time.
(11 & 12) City Manager Johnson stated that, in light of the passage of CI-75, these
public hearings on water and sewer rate increases should be deleted from the agenda. He
noted that, as a result, the revenues anticipated for funding of the capital improvements
programs for water and sewer will not be realized and those items can not be completed. He
indicated that this issue will be revisited during the budgeting process and the Commission
. may, at that time, choose to put the rate increases on the ballot.
The Commissioners requested that an advertisement be placed in the newspaper
announcing that the public hearings are cancelled; and the City Attorney indicated that a notice
will be posted in the window for those who may not have seen the notice in the newspaper.
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Commissioner Frost asked that staff keep track of what CI.75 is costing the City in time
and money, so the Commission is aware of the additional burdens.
(New item) City Attorney Luwe stated that he may place an ordinance on the
upcoming agenda to indemnify and hold harmless the Commissioners and employees for
. unintentional violations of CI.75. He noted that the language in the initiative is unclear and,
through the adoption of an ordinance, it may be possible to indemnify officials and employees
although the government unit may remain liable. He then stated that the Board of the Montana
Municipal Insurance Authority will address this issue at its meeting on November 20, and it may
provide insurance coverage.
Work Session (continued) - (A) Presentation re namina of trail - Gallatin Vallev Land Trust; (8)
Presentations from Street/Sanitation Sucerintendent re ( 1) automated garbaae collection system
and (2) out.of-state travel: and (C) Continued discussion re writing of minutes
(C) Continued discussion re writing of minutes
City Manager Johnson noted that the Clerk of the Commission prepared both long and
short minutes for the October 12 work session, to give the Commissioners an example of the
. two options.
A majority of the Commissioners indicated support for the shorter version of the minutes
for the work sessions and agenda meetings.
Commissioner Youngman asked about single spacing of the minutes to reduce the
number of pages.
A majority of the Commissioners indicated support for single spacing; and the Clerk of
the Commission asked that she be allowed to implement that change at a logical time, such as
the beginning of the calendar year, to provide for consistency in her permanent documents.
Commissioner Rudberg stated she concurs with Option E in City Attorney Luwe's memo
dated September 25.
Commissioner Smiley reviewed the information she has received from a consulting firm
. that does minutes.
Responding to Commissioner Rudberg, Commissioner Smiley characterized the computer
and shorthand combination as the most efficient way to take minutes.
Commissioner Frost expressed concern about the quality of the minutes from the
Planning Board meeting.
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City Attorney Luwe stated he was also concerned about the length of time between the
meeting and submittal of the completed minutes. He then stated that it is important for the
person preparing the minutes to be familiar with the people and the processes.
City Manager Johnson noted that much of the information in the recent letter from the
. District Judges regarding municipal courts applies to this situation as well. He stressed that,
if the person doing the minutes is to rely on the tapes for transcription, everyone must be
diligent about using the microphones. He then indicated, in response to questions from
Commissioner Smiley, that additional speakers will be installed in the Commission Room and
speakers will be added in the elevator area and the new Clerk of the Commission's office in
conjunction with the remodel that is currently in process.
Following discussion, the Commissioners concurred that the minutes should be prepared
by the Deputy Clerk of the Commission. The Clerk of the Commission also indicated that she
will seek a temporary employee to work until the permanent position is filled.
Discussion - Commissioner Droiects
. Mayor Stiff stated he feels it is important to ensure that the setting of goals becomes
a part of this year's budget process.
Responding to Commissioner Rudberg, City Manager Johnson stated that issues to be
raised at the November 18 meeting regarding ISTEA monies include the installation of traffic
signals at the intersections of North 7th Avenue and Griffin Drive and North Rouse Avenue and
Griffin Drive.
Discussion - FYI Items
City Manager Johnson presented to the Commission the following "For Your Information"
items.
(1 ) Letter of resignation as the City of Bozeman's representative on the Yellowstone
. Country Board of Directors, as submitted by Racene Friede, dated October 30, 1998.
Responding to Commissioner Rudberg, the City Manager indicated that appointment of
a replacement will be placed on next week's agenda.
(2) Memo from Clerk of the Commission Sullivan, dated November 5, regarding the
request to reconsider Mr. Osterman's appeal on impact fees.
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The City Manager asked if the Commissioners wish to consider Mr. Osterman's appeal;
a majority of the Commissioners indicated that they found no new information in the materials
submitted and do not, therefore, wish to reconsider the appeal.
(3) Letter from Love, INC., dated October 26, asking that Farmers' Market remain at
. Bogert Park.
Commissioner Rudberg asked why the Commissioners are suddenly receiving letters
regarding Farmers' Market. She was informed that the letters are in response to a Commission
discussion from approximately three months ago.
(4) Memo from the Gallatin County Fair Board, dated October 14, announcing the
change of dates for the 1999 Gallatin County Fair, which will be held on July 28 through
August 1.
(5) Agendas for the Local Water Quality District meeting to be held at 7:00 a.m. on
Tuesday, November 10, and the Board of Health meeting to be held at 8:00 a.m. on Tuesday,
November 10, in the Community Room at the Courthouse.
(6) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday,
. November 10, in the Community Room at the Courthouse.
(7) Agenda for the Development Review Committee meeting to be held at 10:00 a.m.
on Tuesday, November 10, in the Commission Room.
(8) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday,
November 10, in the Commission Room.
(9) Agenda for the Drug Court Planning Coalition meeting to be held at noon on
Thursday, November 12, in the Community Room at the Courthouse.
(10) City Manager Johnson distributed copies of the form for his semi-annual
evaluation to the Commissioners and asked that they complete the forms in time for an
evaluation session to be held on December 7. Following discussion, the Commissioners
concurred that they will complete the forms prior to that meeting but that they will not be
. submitted for compilation.
(11 ) The City Manager submitted the following. (1) Announced that he will attend the
Chamber of Commerce Board retreat on Thursday and Friday morning. (2) Stated that the City
Hall team and the Fire Department team bowled for Big Brothers and Big Sisters on Sunday.
He noted that the teams raised nearly $7,600 for the program. (3) Recognized the police
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officers' good work in resolving a burglary in progress, noting the burglar was talked out of
building with no incident in what is typically identified as a low frequency, high risk event.
( 12) Clerk of the Commission Sullivan reminded the Commission that she will be out
of town next week.
. (13) Commissioner Frost stated that if the weather is bad next week, he will leave on
Monday afternoon to attend a meeting that begins early Tuesday morning. He indicated that
if he going to be absent from the Commission meeting, he will request the authorization of his
absence be placed on the agenda before he leaves.
( 14) Commissioner Youngman announced that she will be out of town for the work
session on November 30.
( 15) Mayor Stiff stated that he attended the assembly of food at the food bank, as
organized by the Lamba Chi fraternity and the MSU Accounting Club. He noted that their work
was really inspiring and, when they had completed sorting, stamping and shelving the food,
they presented a $ 700 check to the Food Bank.
(16) Commissioner Rudberg submitted the following. (1) Thanked the Street/Sanitation
. Superintendent for publishing the snow route map in the newspaper. (2) Noted that the list of
projects in the TCC information included several for Bozeman. (3) Noted that the City Manager
has placed a notebook filled with "fun" letters about employees beside the Commissioners'
boxes for their review. (4) Recognized the Police Department's efforts to raise monies for
dogs. (5) Asked if a discussion about the boards will be placed on an upcoming agenda; the
City Manager responded that it will. (6) In response to concerns raised by Commissioner Frost
after reading the latest minutes from the Board of Adjustment, Commissioner Rudberg noted
that the minutes are very abbreviated, and the comments referenced pertain to their process
"
for signing off on documents after the Board vote. (7) Stated she has been following the dog
reports, and she is alarmed at the dog bites on Peets' Hill. She forwarded her interest in having
a group of people who love animals come forward to assist the City in a community education
. program to alleviate this type of incident.
( 17) Responding to Commissioner Rudberg, City Manager Johnson stated that Section
7-2-4805, M.C.A., requires that a request for deannexation be placed on the next agenda after
its receipt. He noted that the request from Mr. McCrone was acknowledged at last week's
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meeting, and the request will now go through the normal processing channels. He projected
that the Commission will next consider this request in mid-December or January.
Adjournment - 5: 17 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.
~~~
ALF M. STIFF, Mayor .
ATTEST:
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. Clerk of t:~Ct)~;O:
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11-09-98