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HomeMy WebLinkAbout1998-07-27 Minutes, City Commission MINUTES OF THE AGENDA MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA July 27, 1998 ***************************** . The Commission of the City of Bozeman met in agenda meeting in the Commission Room, Municipal Building, on Monday, July 27, 1998, at 3:00 p.m. Present were Mayor Stiff, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, City Manager Johnson, Assistant City Manager Brey, City Attorney Luwe and Clerk of the Commission Sullivan. Commissioner Youngman was absent. The meeting was opened with the Pledge of Allegiance and a moment of silence. Authorize absence of Commissioner Youngman from meeting. in accordance with Section 7-3-4322(2) M.C.A. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that Commissioner Youngman's absence from this meeting be authorized in compliance with Section . 7-3-4322(2), M.C.A. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Stiff; those voting No, none. Agenda Meeting - for reaular meeting and Dublic hearinas to be held on August 3. 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. (5) City Manager said the ordinance will be in next week's packets. Commissioner Smiley asked that the Commission do the annual evaluation of the Clerk . of the Commission, with the forms to be included in next week's packet and the evaluation scheduled for an executive session on August 10. (6) City Attorney Luwe stated that this item will be removed from the agenda. He noted that in the past, the official bond has been set as part of the salary ordinance. This year, the City's property insurance coverage is through MMIA, and they provide official bonds 07~27-98 - 2 - through that coverage. As a result, each Commissioner, the City Manager and all employees are covered. The City Attorney stated that both the City's ordinances and the State statutes say the Commission sets the official bonds to cover employees and, rather than doing so annually with the salary ordinance, he feels it is appropriate to do so in a separate ordinance. . He stressed that since the Commissioners and City employees are already covered, time is not critical. Mayor Stiff stated that he received a letter from his insurer suggesting that he may wish to raise his umbrella coverage. As a result, he has raised that issue with staff members about whether he needs additional coverage because of City obligations. The City Attorney stated that MMIA will cover Commissioners' actions as long as they are operating with the scope of their duties, noting that legislative actions are immune from legal action. Further responding to the Mayor, the City Attorney cautioned that there is a difference between bonding, which pertains to money, and insurance, which pertains to actions. He then noted that the Cities in the insurance program have an aggregate insurance amount of $5 . million. (7) Responding to Commissioner Rudberg, Clerk of the Commission Sullivan stated these subdivision regulation amendments are the same as previously reviewed. As a result, she noted the ordinance will be available for review in her office but will not be included in the Commissioners' packets. (10b) The City Attorney stated the wording of this agenda item will be revised because authorization to sign change orders is to be done by resolution. (10f&g) The City Manager stated that these items are to be added to the agenda for next week's meeting. He then noted that if the conditions for approval of the conditional use permits for these restaurant beer and wine licenses have been met, he will authorize these businesses to sell beer and wine, with the Commission to ratify his action at next week's . meeting. (13) Associate Planner Olsen gave brief overview of this application for annexation, noting that staff is forwarding a recommendation for approval, subject to several issues being addressed in the annexation agreement. She also stated that the applicants must seek a zone change for the subject property. Respondingto the City Manager, the Associate Planner stated 07-27-98 - 3 - that no proposal for development has been submitted at this time, so the issue of affordable housing has not been addressed. She then indicated that the applicant will probably seek a subdivision exemption after this process has been completed, to separate the existing structures from the vacant portion of the site. . City Attorney Luwe stated that, in the instance of the hospital annexation, one of the issues to be addressed is affordable housing. He then suggested that, to retain consistency, this issue could be added at next week's meeting. He then noted that whichever annexation comes through the process first could then serve as the example for future annexations. Responding to Mayor Stiff, the Associate Planner stated it is anticipated that Ravalli Street will extend through this property to the Bozeman Interfaith Housing II property. ( 14) Associate Planner Olsen gave a brief overview of this project on behalf of Historic Preservation Planner Strahn. She noted that, following review of this application, staff has forwarded a recommendation for approval subject to four conditions. (15) Associate Planner Olsen gave a brief overview of the project, which is for Phase II of the Comstock apartments. She noted that a variance from the parking requirements, to . allow 60 instead of 75 parking spaces, has been reviewed and found to satisfy the criteria. She stated the Planning Board has forwarded a recommendation for conditional approval of the conditional use permit, subject to several conditions, including some modifications to Condition No.2 as proposed by staff. Responding to Commissioner Smiley, the Associate Planner stated that the Planning Board was concerned about staff's recommended condition that sidewalks be installed along the Haggerty Lane and Ellis Street property frontages in conjunction with development of the project. She noted the Board suggested, rather, that the applicant be allowed to sign a waiver and install the sidewalks in conjunction with others along those roadways. Commissioner Rudberg noted that year before last, when the area had a lot of rain, runoff from Phase I of the Comstock Apartments, constructed on the hill above the existing . building, ran down the hill and through this building. She then asked if the cause of that problem has since been eliminated. City Attorney Luwe stated that action on this agenda item must be split into two motions, one for the variance and one for the conditional use permit. 07-27-98 - 4 - ( 16) Associate Planner Jody Olsen briefly reviewed this proposed zone code amendment, under which the Board of Adjustment would be comprised of seven members and would act on all variance requests, with the Commission considering deviations only. She noted that the Planning Board voted 5 to 3 to recommend approval, which is viewed as an . unofficial recommendation by the City. City Attorney Luwe recognized that the opinions of Former City Attorney Bruce Becker and Former County Attorney Salvagni differ on the number of votes required to be considered a formal decision by the Board. He then indicated that, if the Commission wishes, he can review those opinions and, if he feels the Former City Attorney's opinion is accurate, he could forward his findings to County Attorney Lambert or seek an Attorney General's opinion. Commissioner Rudberg suggested that if the County assumes jurisdiction of the "doughnut area", this issue could be a moot point. Mayor Stiff noted that variances do not require a super majority of the seven-member Board of Adjustment since only four votes are needed to approve an application. . Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1 ) Letter from Randy Wold, 819 South 3rd Avenue, dated July 16, requesting changes in the current management practices for the Sourdough Trail as it extends between Valley View Golf Course and Goldenstein Lane. Commissioner Rudberg characterized this letter, when coupled with the telephone calls she has received, is the "straw that broke the camel's back". She then suggested that a committee of people with views on various facets of trails be brought together to try to identify ways in which improvements can be made. She noted the group could include representatives from the Recreation and Parks Advisory Board, those who make trails, those who live near . trails, those who maintain trails, the Audobon Society, the Gallatin Valley Land Trust, the Beautification Advisory Board, the Bozeman Area Bicycle Advisory Board, the City-County Planning Board and the County. She stated that if the Commission feels this is a reasonable approach, she would be willing to organize the initial meeting of the community group. She 07-27-98 - 5 - suggested that if a Commissioner were to take the lead, then turn it over to a City department or board, it may gain the momentum necessary to reach resolution. (2) Memo from the Montana League of Cities and Towns, dated July 24, forwarding the tentative agenda for the 1998 annual conference, to be held in West Yellowstone on . October 7-9, 1998. (3) Notice of a meeting for the Centennial Park neighborhood scheduled for 7:00 p.m. on Wednesday, July 29, in the Commission Room, to discuss playground equipment. (4) Minutes from the CTEP Steering Committee meeting held on June 10, 1998. (5) Minutes from the CTEP Steering Committee meeting held on July 16, 1998. (6) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, July 28, in the Commission Room. (7) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, July 28, in the Conference Room at the Professional Building. (8) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, July 28, at the Courthouse. . (9) The City Manager submitted his weekly report, as follows. (1) Noted that, in preparation for this week's work session, he went back to old work session list and found that most of the items have been handled, so a new list is needed. He then asked the Commissioners to forward their ideas, either in writing or bye-mail. (2) Attended the 9-1-1 meeting last week. He noted that the equipment and administration of this program are complicated, and some of the financial issues, particularly those pertaining to the generator and air conditioning, remain to be addressed. He then noted that Fire Marshal Winn is concerned that the time required to perform the Interim Director duties will negatively impact the Fire Department's ability to meet its performance measures. He stated another issue is completing the maps for the enhanced 9-1-1 program, noting the City portion is done but the County portion is not. He then indicated that he spent Friday night in the 9-1-1 center, where he had . an opportunity to watch the dispatchers operate with antiquated equipment and technology and could witness first hand some of the issues and problems encountered. He then forwarded his intent to push for the opening of the new 9-1-1 center as soon as possible. (10) Commissioner Frost stated that he spent the past week with his daughter and son-in-law and soon-to-be-grandchild. 07-27-98 - 6 - (11 ) Commissioner Smiley submitted the following. (1) Stated that she and the City Manager will host a meeting with residents around Centennial Park on Wednesday night. (2) Stated she is still working on bottled water from Bozeman as sustainable source of income. (3) Stated she plans to tour the jail next week, and invited other interested Commissioners to . also attend. ( 12) Mayor Stiff stated that he participated in some of the activities for the 60th class reunion for the Class of 1938, which is the first class in the Willson School. He characterized it as a very interesting weekend, particularly when one of the participants recalled seeing a crop that yielded 108 bushes per acre on the land where the Holiday Inn now sits. (13) Commissioner Rudberg stated that it was her impression that the downtown lighting project and the bicycle routes are not viable projects for ISTEA monies. She also noted that two of the projects in the original list involved improvements near the Story Mill and improvements to one of the depots. She expressed concern that both of those properties are privately owned, and she cannot support the use of public monies for improvements on private properties. . Responding to Commissioner Rudberg, Assistant City Manager Brey stated it is his impression that the downtown association is interested is having the Commission apply political pressure to get the downtown lighting improvement project approved. He then suggested that the Commission identify one or two viable projects for which ISTEA monies can be used, to ensure the City does not lose its allocated funds. Commissioner Rudberg asked that a copy of the original list of projects be included in next week's packet. City Manager Johnson noted that the committee is scheduled to make a presentation to the Commission at its August 10 work session. He then asked if the Commission wishes to consider this item at next week's meeting, since the afternoon agenda is light. The Commissioners concurred that they would. . (14) Assistant City Manager Brey stated that he was out of town last week. He then noted that he had ten messages on his telephone, but a power spike erased them. (15) Responding to Commissioner Smiley, Commissioner Frost stated the Bozeman Area Bicycle Advisory Board has not contacted him about a possible meeting to discuss West Beall Street and North 19th Avenue. 07-27~98 - 7 - ( 16) Commissioner Rudberg suggested that in five-Monday months, the Commission eliminate the work session on the fourth Monday, unless the Commission has an important issue to discuss. She noted that this could reduce the load on staff four months each year. Mayor Stiff noted the City Commission has been trying to schedule a meeting with the . County Commission for quite some time, and that type of meeting could be held on the fourth Monday in a five-Monday month without impacting the staff workload. Commissioner Frost stated that if the County Commission is not able to meet on the fourth Monday of a five~Monday month, he would be willing to cancel the meeting. Adiournment - 4:10 D.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 Smiley and Mayor Stiff; those voting No, none. . ~~.~ ALF D M. STIFF, Mayor . .... ATTEST: .. . - -. - ~y~ ROBIN L. SU~l;IY AN Clerk of the Commission . 07~27-98