HomeMy WebLinkAbout1998-09-14 Minutes, City Commission
MINUTES OF THE AGENDA MEETING/WORK SESSION
OF THE CITY COMMISSION
BOZEMAN, MONTANA
September 14, 1998
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. The Commission of the City of Bozeman met in agenda meeting and work session in the
Commission Room, Municipal Building, on Monday, September 14, 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.
Aaenda Meeting. for reaular meeting and Dublic hearinas to be held on SeDtember 21. 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.
. (4) Planning Director Epple gave an overview of the Willowbrook PUD project, a ten-
phase project, under which certain road improvements are to be completed at certain points
in the project. He stated the West Beall Street SID has been let for bid, but the bids were
higher than the engineer's estimate and staff recommended that the bid be rejected. The
project is to be rebid this winter, and it is anticipated the bids will be more reasonable and work
will be undertaken next spring. He noted the other improvement is the extension of North 25th
Avenue from Durston Road to West Beall Street, and the Director of Public Service has
determined that improvement does not need to be completed until Phase X. The applicant has
requested the elimination of all references to specific timeframes for completion of these
improvements; and Development Review
Committee has recommended the street
. improvements be completed prior to the issuance of building permits for Phases IX and X.
The Planning Director stated that the Planning Board will consider this request at
tomorrow night's meeting, and their recommendation will be forwarded for consideration at
next week/s meeting.
Responding to Commissioner Rudberg, Planning Director Epple stated the ditch will not
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be relocated back to the property until North 25th Avenue is constructed, which will probably
be next year; and that is acceptable to the neighbors.
(5) Planning Director Epple gave an overview on behalf of Senior Planner Skelton. He
stated the applicant proposes an amended plat to subdivide less property into the same number
. of lots, closer to the minimum lot size instead of the large lots previously proposed. He
identified the substantive issues in the proposal, which include: an unchanged linear park,
pedestrian connections to linear park across the long expanse of unbroken street, relocation of
the active park to a more central location and reduction of its size from 3.8 acres to 3.0 acres.
Responding to Mayor Stiff, the Planning Director confirmed there is no mechanism in
place to allow for a parkland dedication to Rose Park for this project. He then stressed that
Rose Park is designated as a community park, and neighborhood parks will still be needed in
this area.
Commissioner Youngman noted that the developers of this subdivision have indicated
a willingness to do more for affordable housing in the later phases, if the Commission
implements the provisions of the affordable housing policy.
. (6) Assistant Planning Director Debbie Arkell gave a brief overview of the project,
reminding the Commission that the Bozeman Amateur Hockey Association made a proposal
several weeks ago. She noted the main issue with the proposal is an evergreen tree upon
which the proposed building would encroach. She suggested that turning, relocating or
redesigning the building would address that encroachment. She then noted that the DRB did
not have a quorum, but those members present did make some comments about the proposal.
The Assistant Planning Director noted that noise was a primary concern voiced by the
neighborhood, not only from the generator but from use of the park and the attendant parking.
Commissioner Smiley noted that, because of the acoustics of the park--and not just the
pavilionnnoises from the park can easily be heard two blocks away.
The City Manager stated that at the last Recreation and Parks Advisory Board meeting,
. Mr. Jim Cannata indicated that the Bozeman Amateur Hockey Association (BAHA) has decided
to purchase only new dasher boards for this upcoming season, but wishes to proceed with this
application so they are in a position to make the improvements next summer.
Responding to Commissioner Rudberg, the City Manager estimated the costs of a metal
pavilion at Rose Park at $150,000 to $160,000 without a concrete floor; and indicated that
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the BAHA could then make the desired improvements at that facility.
Commissioner Rudberg stated she feels that both the amateur hockey program and the
Farmers' Market have outgrown Bogert Park and should be relocated. She suggested that, with
the planting of trees at Rose Park, many of the noise issues could be mitigated even though
. residential developments will be located around it.
Responding to Commissioner Frost, the City Manager recognized that the City would
incur a $160,000 contribution toward the project if Rose Park were the location of the hockey
rink. He reminded the Commission that $75,000 was included in this budget for implementing
the park master plan, and a similar commitment from next year's budget would essentially
cover those costs.
(11) Planning Director Epple stated that Mr. Keith Swenson has submitted a letter
requesting that the Commission table proceedings on this application indefinitely, to allow time
for revisions to the PUD provisions in the zone code to be completed. He then stated that Mr.
Swenson hopes to address the Commission briefly on Monday evening.
(14) Associate Planner Chris Saunders noted the information on this amendment was
. included in the packet. He then responded to questions from the Commission regarding this
amendment as well as upcoming applications.
Break - 3:58 to 4:00 p.m.
Mayor Stiff declared a break from 3:58 p.m. to 4:00 p.m. to allow the Commissioners
and staff an opportunity to prepare for the work session.
Roll Call. Pledae of Allegiance and Moment of Silence
The meeting was opened with the roll call, Pledge of Allegiance and a moment of
silence.
. Work Session - (A) Discussion re possible CTEP proiects; (8) Discussion re reauest for senior
transportation milllevv; (C) Discussion re added aaenda item entitled "Commissioner Proiects:
and (D) Identification of possible legislative issues
(A) Discussion re possible CTEP projects
Included in the Commissioners' packets was a memo from Special Projects Coordinator
James Goehrung, dated August 26, forwarding a list of projects identified by City staff.
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City Manager Johnson stated that staff would like to proceed with the application for
downtown lighting; however, in light of responses from the State, he feels it is important to
identify alternative projects.
Responding to Commissioner Rudberg, the Special Projects Coordinator stated that if
. a change in the mode of travel, particularly from an automobile to a bicycle or foot, is
encouraged in a location, then the ISTEA monies can be used for parking lot improvements.
The Special Projects Coordinator stated that the City's allocation of $108,000 must be
committed by October 1998 and $117,000 must be committed by October 1999. He then
indicated that the City may pre-commit the entire amount at this time if it so chooses.
Responding to questions from the Commission, the Special Projects Coordinator
estimated the additional amount needed for the Bozeman Ponds project at $30,000 and the
additional amount for the larger caliper trees along East Main Street at $2,000. He indicated
that since those projects have been approved and the amount of funding can be increased by
up to 20 percent with a letter, no additional Commission action would be required for those
expenditures.
. Following review of the items on the lis!, the Commissioners identified Rose Park and
then sidewalks around Langohr Park and Christie Fields as projects for which applications
should be prepared.
Commissioner Rudberg stated she would like to see plans for a trail from Bozeman to
Three Forks, particularly since the information she has seen on the T-21 program suggests that
emphasis will be placed on pedestrian paths and bicycle lanes.
The Special Projects Coordinator indicated that he will seek Commission approval of the
applications prior to their submittal
(8) Discussion re request for senior transportation mill levy
Included in the Commissioners' packets was a letter from the Human Resource
Development Council, dated July 21, requesting a meeting with the Commission to discuss
. placing before the voters a levy of up to one mill for the provision of senior and disabled para~
transit service.
Present for this item were Jeff Rupp, Executive Director of HRDC; and Bill Hayward,
Brian Close, Jana Rogers and Mary Martin from GalaVan. He reminded the Commission that
during discussions about their request for funding assistance for the GalaVan program, the
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possibility of a permissive mill levy of up to one mill was discussed. He noted that, as they
began to consider pursuing this alternative, they recognized that the proposed mill levy is a
City-driven effort because of the 1-105 cap. He stated that HRDC's preference is for the City's
financial support to continue as it has in the past; however, if the Commission is not willing to
. make that commitment, they ask that the City work with HRDC to place a mill levy on the
ballot.
Responding to questions from the Commission, Administrative Services Director
Gamradt stated that a mill generates $39,273 in this fiscal year.
Responding to Commissioner Frost, Mr. Rupp stated that under State law, up to one mill
may be levied for senior and handicapped transportation. He then indicated that, as a result
of the last discussions with the Commission about this program, Ms. Rogers has estimated the
costs of an expanded service, to include evening and weekend service, at $21,000 per year.
He noted that, when coupled with the City's current contribution level of $15,000, the total
would be $36,000, or almost one full mill. He stressed that, before undertaking any type of
expanded service, a survey must be conducted to determine if it would be used. He noted
. that, depending on the results of the survey, some portions of the expanded service may be
provided while others may not be.
Ms. Rogers noted that the expanded program would include 5:00 p.m. to 10:00 p.m.
Monday through Friday and 9:00 a.m. to 4:00 p.m. on Saturday and Sunday.
Mr. Jeff Rupp stated that, at the Commission's request, his agency also looked at the
valley runs. He characterized those runs as very expensive because of the limited number of
riders. He also cautioned that senior and disabled transportation without a public transit
system is very expensive.
Responding to Commissioner Rudberg, Administrative Services Director Miral Gamradt
stated that the requested mill levy would be limited to transportation only. He then reminded
the Commission that the City's budget is currently at the 1-105 cap. He noted that if the
. Commission wishes to add a mill, the levy must be voted on; and the alternative would be to
adjust the manner in which the budget is developed so that the monies could be made available
for this purpose under the existing I~ 105 cap.
Mr. Rupp noted that at the present time, Gallatin County levies .85 mill for senior
activities and distributes those monies to various programs. He then recognized that if the
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costs of an election are too high, then pursuing this proposed mill levy would not be beneficial,
as an alternative would need to be considered. He also stressed the importance of ensuring
that a reasonable amount of time is available for getting information out to the voters prior to
the election.
. Responding to questions from the Commission, Administrative Services Director
Gamradt stated that it would be possible to levy 1.0 mill and, if not all of those monies were
needed in a fiscal year, they could be carried over to the next year. Under this mechanism,
monies could be built up for a specific purpose or capital purchase.
City Attorney Luwe cautioned that, to exceed the 1-105 cap, a mill levy must either
meet the definition of an emergency or be approved by a majority of the voters at an election
where the turnout is at least 40 percent of the registered voters.
Commissioner Rudberg stated her support for a mill levy for this program, rather than
continuing general fund support.
Responding to Commissioner Frost, City Attorney Luwe stated that if this item is to be
placed on the ballot, the Commission must adopt a resolution. He cautioned that the
. Commission should do so only if it is relatively assured that a 40-percent voter turnout will
occur in that election. He then noted that, if the Commission desires, he could seek an
Attorney General/s opinion on this issue.
Commissioner Youngman noted that, based on past history, the next election at which
a 40-percent voter turnout could be expected would be the general election in November 2000.
A majority of the Commissioners indicated support for pursuing a mill levy for senior and
disabled transportation.
Mr. Jeff Rupp thanked the Commission for its support of this program.
(C) Discussion re added agenda item entitled "Commissioner Projects"
Included in the Commissioners' packets was a memo from Commissioner Smiley, dated
September 9/ forwarding a proposal that an item entitled "Commissioner Projects" be added
. to the weekly Commission agenda.
Commissioner Smiley stated she feels it would be nice to have an item on the agenda
that is not rushed and under which the Commissioners could report on projects which they are
currently pursuing. She expressed concern that, with the "Discussion - FYI Items" at the end
of the agenda, the discussion is typically rushed because people want the meeting to end.
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Commissioner Rudberg stated she currently uses "FYI" to report on items and projects,
but she is also willing to try this approach. She then cautioned that Commissioner projects
should not have any impact on staff time unless three Commissioners vote to pursue an issue.
Commissioner Youngman stated she, too, has used "FYI" for this purpose in the past.
. She then expressed concern that the proposed agenda item could generate some confusion
unless specific guidelines are established on which issues are to be discussed when. She then
noted that she feels time should be set aside to talk about Commissioner projects.
Commissioner Rudberg suggested that a short synopsis in the packet could be
beneficial.
The Commissioners concurred that this item should be added to the agenda, just prior
to "Discussion - FYI Items".
(D) Identification of possible legislative issues
Included in the Commissioners' packets were copies of the legislative issues identified
by the City of Bozeman for the 1997 legislative session and a listing of the legislative issues
identified by the Council of Governments for the 1997 legislative session.
. City Manager Johnson stated that he has maintained a list of little items for which
legislative changes are desired. Those include some personnel issues, including (1) the
requirement that if an employee retires under a disability retirement and is then released by the
doctor, the City must hire that individual back into the same position and (2) the requirement
that a disciplinary action by the Fire Department must be brought before the Commission. He
also noted the requirement to mail notice of the tree maintenance assessment to all property
owners is one he would like to see eliminated, and he has a list of tax options which he would
like to pursue.
Responding to Commissioner Rudberg, the City Manager stated that the 9-1-1
Administrative Board will pursue another increase in the per-line charge for dispatch services,
from 50(: to $1.00 per month.
. Commissioner Rudberg noted that a review of the listing of the Council of Governments
bills reveals that some of the legislative efforts in the 1997 session were successful.
Responding to Commissioner Youngman, the City Manager stated that input from the
various departments has been requested, but not all of that input has been submitted as of this
time.
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Assistant City Manager Ron Brey stated he has identified some small issues that need
to be addressed, with some of them possibly being bundled into a package. Some of those
issues include annexations, planning, zoning, legislation to allow for video citations for traffic
offenses, limitations on effluent permits for Wastewater Treatment Plants, extraterritorial
. jurisdiction, takings legislation, revisions to laws regarding liability issues in the use of
volunteers and community service workers, driver's licensing requirements for firefighters, the
delegation of employment issues to the Commission, fees and service charges, allowing
communities to aggregate under the utilities deregulation program, revisions to the Treasure
State Endowment Program, skateboard park insurance. He then stressed the importance of
the Commission establishing its general philosophical positions on the various items, so that
those lobbying at the Legislature can address changes on the fly. He also noted that on some
of these issues, the City should establish a defensive position, to ensure that undesirable
results are avoided.
City Attorney Luwe stated that the Montana Municipal Insurance Authority will ask the
League of Cities to pursue how to deal with ex parte communication in zoning issues.
. Commissioner Youngman suggested that the State's housing trust fund could possibly
provide a source of funding for the City's housing trust fund if that legislation is drafted
properly. She suggested that if the fund is not only for housing but for parks and open space
acquisition, the legislation could further benefit the City. The Commissioners agreed that
Commissioner Youngman should collect more information on this issue for consideration.
Mayor Stiff suggested that some joint venture issues regarding higher education may
be of importance to the City.
Mayor Stiff recognized the importance of continued discussions about legislation in
upcoming Commission meetings.
Discussion - FYI Items
. City Manager Johnson presented to
the Commission the following "For Your
Information" items.
(1 ) Copy of a brochure and an executive summary on a program entitled "Big Sky
or Big Sprawl?" to be held in Helena on November 20-21, 1998.
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(2) Copy of a letter from TCI Cablevision to City Manager Johnson, dated August
28, 1998, announcing that Tele-Communications, Inc. (TCI) intends to merge with AT&T.
Assistant City Manager Brey noted that this letter references a cable franchise, which
is how the company interprets the business license. He then noted that the City continuously
. corrects this reference each time it occurs because of the differences between negotiating a
franchise agreement and renegotiating one.
(3) Copy of an excerpt from the newsletter for the Emerson Cultural Center, as
submitted by City Manager Johnson.
(4) Copy of a letter regarding parking restrictions on the north side of Babcock Street
east of South 5th Avenue, on the south side of West Main Street between South Third Avenue
and South 5th Avenue and on the east side of South 4th Avenue between West Olive Street
and West Babcock Street, and a list of the property owners to whom the letter was mailed.
Responding to Commissioner Rudberg, Assistant City Manager Brey noted that in the
past, City staff simply installed signs when changes in parking restrictions were made; and the
City Commission has asked that letters be sent notifying property owners of those changes
. before the signs were installed.
(5) Invitation to attend the Campaign Kick-off Lunch for the United Way of Gallatin
County at 11 :00 a.m. on Friday, September 18, at the Bridger Creek Golf Course.
(6) Letter from the Gallatin County Drug Court Planning Initiative, dated September
9, announcing that the meetings of the Drug Court Planning Coalition for September 17 and
October 15 have been moved to the Community Room at the Courthouse.
(7) Agenda for the Development Review Committee meeting to be held at 10:00
a.m. on Tuesday, September 15, in the Commission Room.
(8) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on
Tuesday, September 15, in the Commission Room.
(9) Agenda for the Board of Adjustment meeting to be held at 1 :30 p.m. on
. Thursday, September 17, in the Conference Room at the Professional Building.
(10) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday,
September 15, in the Community Room at the Courthouse.
(11 ) Agenda for the Montana Transportation Commission meeting to be held on
September 16 and 17 in Plentywood.
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(12) City Manager Johnson stated that he attended a meeting in Helena at 6:30 a.m.
on Wednesday last week with Governor Racicot and Steve Forbes and several others from
around the state regarding economic development. He noted that Mr. Forbes is proposing to
feature Montana in a special section of the September 1999 issue of Forbes Magazine. He
. stated that the cost of being included in this section is $22,500, or half of that for non-profits.
He indicated his intent to forward this information to the Gallatin Development Corporation for
its consideration, and noted that he has requested copies of the information he received for
inclusion in the Commissioners' packets as soon as they arrive.
(13) City Attorney Luwe noted the Commissioners have received a letter from Gallatin
County Clerk and Recorder Shelley Vance announcing that the initiative petition has received
the required number of signatures to be placed on the November ballot. He then stated that,
under State statutes, the Commission has sixty days in which to take the action, if it so
chooses, in which case the petition because law without going through the election process.
He then asked if the Commission wishes to allow this initiative to go through the election
process or if it wishes to enact the ordinance without going through the election process.
. Following discussion, a majority of the Commissioners indicated an interest in allowing
this matter to go to the voters for a decision.
(14) Clerk of the Commission Sullivan stated she has received the form from the
National League of Cities for the listing of the voting delegate and alternate delegate to the NLC
Congress of Cities. She then asked if this should be placed on an upcoming agenda.
Commissioner Smiley noted that she is the Commissioner who had indicated an interest
in attending the conference; however, there are only one or two sessions which she would like
to attend, so she has decided to look at other possible conferences instead.
(14) Commissioner Smiley stated the Downtown Improvement District Board will be
sending copies of the minutes of its meetings to the Commission in the future. She also noted
that they requested a copy of the members of the various City boards and commissions so they
. can be notified about the upcoming meetings on the final downtown improvement plans.
(15) Commissioner Rudberg noted there are five Mondays in November and asked that
the Commissioners consider cancelling the work session on the fourth Monday, like it did in
August. She stated that is the Monday before Thanksgiving, and it would give staff a nice
break.
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The Commissioners concurred that this item should be included under the consent items
on next week's agenda.
Break - 5:40 to 5:44 p.m.
. Mayor Stiff declared a break from 5:40 p.m. to 5:44 p.m., in accordance with
Commission policy.
Executive session - evaluation of Clerk of the Commission
Mayor Stiff announced his intent to close the meeting and enter into executive session,
under Section 2-3-203(4), M.C.A., for the purpose of evaluating the job performance of the
Clerk of the Commission.
At 5:44 p.m., Mayor Stiff called an executive session for the purpose of the evaluation
and asked all of the persons except the Clerk of the Commission to leave the room.
At 6: 18 p.m., Mayor Stiff closed the executive session and reopened the meeting.
. Adiournment - 6:18 p.m.
There being no further business to come before the Commission at this time, it was
moved by Commissioner Rudberg, seconded by Commissioner Frost, that the meeting be
adjourned. 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.
~~4~
ALE M.
~TIFF, Mayor ""
ATTEST:
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. R IN L. SULttVAN-'-~-_
Clerk of ~he{;~rT~~n~-
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