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HomeMy WebLinkAbout1998-01-20 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA January 20, 1998 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, Tuesday, January 20, 1998, at 3:00 p.m. Present were Mayor Stiff, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, City Manager Johnson, 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 - January 5 sDecial. January 5 and January 12. 1998 It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the minutes of the special meeting of January 5, and the regular meetings of January 5 and . January 12, 1998, be approved as submitted. 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. Presentation to Commission ~ City Attorney Luwe on behalf of MMIA Board of Directors City Attorney Paul Luwe, member of the Board of Directors for the Montana Municipal Insurance Authority (MMIA), reminded the Commission that the MMIA is the City's insurer for workers' compensation and liability insurance. He noted that in the mid 1980s, cities and towns found it hard to get coverage for insurance benefits, and those premiums were extremely high. As a result, cities and towns in Montana organized the self~insurance pool, and most of the incorporated communities in Montana became members. . City Attorney Luwe stated that in November, the Board voted to provide dividend distributions back to the members totalling $1.5 million. He noted that the amounts of the distribution checks are based on the amount of premiums paid and the claim ratio record of the community. He noted that this distribution is possible because of changes in the law and 01 ~20~98 - 2 - because of efforts by cities and towns to manage risks, control losses and protect their employees, as well as the efforts of the employees themselves. The City Attorney read portions of the letter from Ed Robinson, Chairman of the Montana Municipal Insurance Authority, which accompanied the dividend check. He noted that this $1.5 . million dividend follows a $983,000 dividend distribution in November 1996. He stated that the MMIA has offered its workers' compensation insurance program at rates lower than those offered by MACO and the State, and these dividends further reduce the costs to municipalities. He stressed that these dividends are possible because of the safety program offered in conjunction with this insurance and the efforts of the employees themselves. On behalf of the Board of Directors of MMIA, City Attorney Luwe presented the $76,061.00 dividend check to Mayor Stiff. Mayor Stiff accepted the check on behalf of the Commission. Commissioner Rudberg thanked the employees. City Manager Johnson indicated that staff will bring back a recommendation for disposition of these monies at a future meeting. He suggested that a portion of the monies . could possibly be used to implement safety programs that have been unfunded in the past, and stressed the importance of continuing to share the dividends with the employees in this manner. Reauest for one-Year extension of vreliminary vlat for Courtyard Cottages Subdivision (subdivide 37.781 acres at the southeast corner of Durston Road and Ferauson Avenue into 122 residential lots) - Michael W. Delanev (Z-9411) This was the time and the place set to consider a request for a one-year extension of preliminary plat for Courtyard Cottages Subdivision, as requested by Michael W. Delaney. Under the Courtyard Cottages Subdivision, 37.781 acres at the southeast corner of Durston Road and Ferguson Avenue are to be subdivided into 122 residential lots. Assistant Planning Director Debbie Arkell reviewed her memo dated January 6, 1998, . which was distributed in the Commissioners' packets. She stated that approval of the Courtyard Cottages Subdivision was granted on June 6, 1994, and the Findings of Fact and Order were signed on July 11, 1994. She noted that the three-year approval period began on July 11, 1994, and expired on July 11, 1997. She noted that a one-year extension may be granted upon request without requiring the developer to prove anything, and those approvals 01-20-98 ..--..----- -.....- .-----..--...--..- - 3 - are typically automatic. She stated that an additional one-year extension may be sought; however, at that time, the developer must enter into an improvements agreement and financially guarantee any infrastructure improvements not yet completed. Assistant Planning Director Arkell recognized that in this instance, the request for . extension was filed after the expiration of the original approval. She noted that staff did not send the applicant a reminder letter, which is not required but is typically done. She also noted that review of a Montana Supreme Court case revealed that an extension may be granted if the extension is requested within a reasonable time of expiration. The Assistant Planning Director stated that staff has reviewed this request and recommends approval of a one-year extension from the date of expiration, to July 11/ 1998. She noted that if the applicant wishes to request an additional one-year extension at that time, he will be required to enter into an improvements agreement and provide a financial guarantee for any infrastructure improvements not yet completed and, to date, no infrastructure work has been started on the site. Commissioner Rudberg noted that a review of the information and original approval . revealed that the applicant is responsible for improvements to Ferguson Avenue between West Babcock Street and Durston Road as well as along Durston Road from Ferguson Avenue to the boundary of this property. She noted that a review of the approval of the Valley West Annexation revealed that they are also responsible for that section of Durston Road and asked who will ultimately be responsible for those improvements. Assistant Planning Director Arkell responded that if a special improvement district is created, then Courtyard Cottages Subdivision would be responsible for that portion of the project abutting the site. She then indicated that if the improvements are privately installed, the developer doing the improvements will be responsible for the costs, unless the developers reach an agreement that includes some type of payback. Commissioner Frost questioned whether approval of this request could result in setting . a precedent for extension of preliminary plat approvals that have expired. City Attorney Luwe recognized that the Supreme Court decision does not contain specific language for when the request for extension is filed. He noted, however, that Planning staff has recommended that the one-year extension be granted from the date of expiration, and that 01-20-98 - 4 - same type of extension could be granted to others in the future as long as they file within the year. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission approve the request for a one-year extension of the preliminary plat for Courtyard . Cottages Subdivision, as requested by Michael W. Delaney, with the extension to expire on July 11, 1998. 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. Reauest for extension of sewer service outside citv limits - Lot 1. Block 2, Pleasant Vallev Subdivision (5 Vallev Drive) Distributed in the Commissioners' packets was a copy of a request from Gaston Engineering and Surveying, dated October 21, 1997, for extension of sewer service outside city limits on Lot 1, Block 2, Pleasant Valley Subdivision. The subject property is more commonly located at 5 Valley Drive. Also included in the packet was a memo from Project Engineer . James Nickelson, dated December 5, forwarding staff's response and a recommendation for approval, subject to nine conditions; a memo from City Attorney Luwe, dated January 14, recommending revisions to Condition No.1; and a memo from Director of Public Service Phill Forbes, recommending revisions to Condition NO.4. Responding to Mayor Stiff, the City Manager stated he does not know if the applicant is aware of these proposed revisions to the conditions recommended for approval. Responding to questions from Mr. Brent Miller, Gaston Engineering, representing the applicant, Assistant City Manager Ron Brey stated that under staff's recommended conditions, sewer would still be provided to the site through a temporary service line until the sewer main has been extended from Durston Road past the subject property. He further noted that under the conditions as revised, the applicant and the City would enter into a mutually agreed upon . service provision agreement which would identify when additional City services would be He then stressed that staff's recommendation is, rather than seeking provided to the site. waivers of right to protest annexation as a condition for extension of City sewer service outside city limits, the preferred alternative is to seek annexation. 01-20-98 -- ----------.- - 5 - City Engineer Craig Brawner suggested that Condition No.3 be revised to require that the waiver of right to protest the creation of a special improvement district include water as well as sewer, otherwise, the property could be without fire protection. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the . Commission approve the request for extension of sewer service outside city limits on Lot 1, Block 2, Pleasant Valley Subdivision, more commonly located at 5 Valley Drive, subject to the following conditions: 1. The owners shall submit a petition for annexation in its proper form, signed by the appropriate owners and registered electors, to the Planning Department and execute the required annexation agreement prior to connection to City sewer. 2. The owners shall waive their right to protest the creation of a special improvement district for improvements to West Babcock Street. 3. The owners shall waive their right to protest the creation of any future special improvement district that provides sewer and/or water service to the lot frontage. Upon the availability of a sewer main along the lot frontage, the owner shall, immediately and without further notice, connect to the sewer main and abandon the temporary sewer service. 4. The owners shall pay the applicable sewer impact fee upon application for . sewer service. 5. The owners shall attempt to obtain an easement outside the public right-of- way for installation of the sewer service. If an easement cannot be obtained, the owners will need to obtain an encroachment permit from the County and the service shall be installed as close to the edge of the right- of-way as possible. 6. The owners shall submit plans and specifications to the Engineering Division for review and approval. The design shall include the following: - Consideration of the impacts of the proposed improvements to West Babcock Street. - Assurance that the existing and proposed systems will not cause groundwater to enter the City's sewer system. 7. The owners shall be responsible for the SID No. 621 Sewer Payback Area fees prior to making application for sewer service. 8. All domestic water supplies serving the subject property shall be metered by a City standard water meter installed by the City of Bozeman at the owners' expense prior to the initiation of service. . 9. The owners shall commit to maintaining the entire length of the sewer service due to its temporary status. 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. 01-20~98 - 6 - Ordinance No. 1450 - reDealing the subdivision regulations set forth in ChaDter 16 of the Bozeman MuniciDal Code and enacting new subdivision regulations Available for Commissioner review was a copy of Ordinance No. 1450, as approved by the City Attorney, and entitled: ORDINANCE NO. 1450 . AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL BE AMENDED BY THE REPEAL OF CHAPTER 16 OF THE BOZEMAN MUNICIPAL CODE AND BY ADDING A NEW CHAPTER TO BE NUMBERED CHAPTER 16, PROVIDING FOR NEW SUBDIVISION REGULATIONS. Copies of the two pages containing the revisions between provisional and final adoptions of the ordinance were included in the Commissioners' packets. Commissioner Rudberg stated she received a telephone call last week expressing concern about the parkland requirements under the new subdivision regulations and asked that its final adoption be delayed until after that issue has been reviewed and resolved. She noted that with the amount of parkland required for R-4 zoned property under these subdivision regulations, the densities cannot be attained that are necessary to provide affordable housing in the community. . City Attorney Luwe stated that Assistant Planning Director Debbie Arkell talked to him this morning about this issue. He then cautioned that the changes proposed by Commissioner Rudberg are substantive and, therefore, must go through the amendment process before they can be approved, which will take eight to twelve weeks. He then forwarded staff's preference for finally adopting the subdivision regulations at this time and then proceeding through the amendment process because this has been a two-year process. Commissioner Rudberg expressed concern that adopting the regulations will result in their being in effect for a period of time before the amendment is processed and becomes effective. Assistant Planning Director Arkell reminded the Commission that if an application for subdivision is received before the amendment takes effect, the applicant may seek a variance to the parkland dedication requirements without impacting the cost or the time to process the . application. At Commissioner Youngman's request, the Assistant Planning Director reviewed the provision in the subdivision regulations and the concerns which have been raised. She noted that the State statutes require certain percentages of parkland be set aside, based on the size of the lots. She stated that the minimum parkland dedication is 11 percent under State 01-20-98 . ------.---- ------- -..---.--.------.....- - - 7 - statutes. Because of a slight revision in the wording contained in the City's subdivision regulations, however, up to 48 percent in parkland dedication could be required in an R-4 area where large-lot multi-family dwelling units are proposed. She then noted that the applicant can still seek a variance to decrease the parkland dedication back to the 11 percent required under . State statute. The Assistant Planning Director then encouraged the Commissioners to finally adopt the ordinance as presented, and direct staff to proceed with the amendment. She stated that, because of the changes in State statutes, staff needs these new regulations instead of the existing regulations. Commissioner Rudberg stated that she can support passage of the ordinance only if an amendment is to be processed quickly because the option for a variance exists. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the Commission finally adopt Ordinance No. 1450, repealing the subdivision regulations set forth in Chapter 16 of the Bozeman Municipal Code and enacting new subdivision regulations. The motion carried by the following Aye and No vote: those voting Aye being Commissioner . Youngman, Commissioner Smiley, Commissioner Frost and Mayor Stiff; those voting No being Commissioner Rudberg. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission direct staff to proceed with an amendment to revise the method by which parkland dedications are calculated. 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. Ordinance No. 1452 - reDealina ChaDter 8.28 and reDlacing it with a new ChaDter 8.28. re nuisances Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1452, . as approved by the City Attorney, and entitled: ORDINANCE NO. 1452 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REPEALING CHAPTER 8.28 OF THE BOZEMAN MUNICIPAL CODE AND ADDING A NEW CHAPTER TO BE NUMBERED CHAPTER 8.28, PROVIDING FOR NEW REGULATIONS PERTAINING TO NUISANCES. 01 ~20-98 ---. -.. - 8 - Staff Attorney Tim Cooper asked if the Commission has made a decision on retaining the provision for waivers of abatement assessments for low-income or elderly persons who have had nuisances found on their property. He suggested that the response could affect whether staff will recommend final adoption of this ordinance at this meeting or request a two-week . delay to provide an opportunity to develop revised language. Commissioner Frost indicated support for providing a waiver for low-income elderly persons, stressing that both requirements must be met for approval of the waiver. Responding to Commissioner Youngman, the Staff Attorney stated the assessment is not a fine, but represents the cost to the City, either through its own personnel or contracting with another entity, to have the nuisance abated. He then stated that Zone Code Enforcement Officer Roy Beall has indicated that, in some instances, the cost of abating a nuisance can costs thousands of dollars. He then recommended that if the Commission chooses to provide for an abatement it establish a limit on the amount abated. At Commissioner Youngman's request, the Staff Attorney reviewed the amount of time that would be allowed for the abatement of a nuisance before the City undertakes abatement . efforts and assesses the property owner. Commissioner Youngman stated that she could support providing a waiver for low- income elderly persons. She further agreed that a cap should be placed on the abatement, and it should be a one-time-only abatement. Mayor Stiff stated he does not believe the assessment should be abated, noting he views that approach as "contributing to the delinquency of adults". Commissioner Smiley stated her support for including an abatement provision for fixed- income elderly people. Commissioner Rudberg stated she views it as an insult to suggest that poor people or the elderly cannot take responsibility for their property, particularly when she can drive down Peach Street and see elderly people shoveling their sidewalks. She noted that she cannot . accept asking the City taxpayers to pay for irresponsible behavior. She also noted that her seven years of experience with United Way has made her aware of the volunteers in the community who are willing to assist those in need, and she feels that those volunteers would be willing to do the work required to avoid an abatement for a nuisance. 01-20-98 "- - -- - 9 - City Attorney Luwe suggested that, if the Commission wishes to delete the provision for abating the assessment for low-income and elderly persons, it may simply delete Section 8.28.140 and finally adopt this ordinance. He noted that if the Commission wishes to revise the section, however, staff's recommendation is that the ordinance and proposed revisions be . brought back in two weeks. Commissioner Youngman stated her concurrence with several of Commissioner Rudberg's comments, noting that she cannot imagine very many circumstances where people in the community would not be willing to assist an elderly person or someone with serious physical problems. She realized, however, that coordinating efforts may take longer than the time provided in the ordinance. She suggested that, by providing a longer time in those circumstances, the need for an abatement could be eliminated. Commissioner Rudberg forwarded her support for that proposal, noting that the Senior Center has a good volunteer program, and the City employees are compassionate in their enforcement of the code. Commissioner Smiley also forwarded her support for the proposed change. . City Attorney Luwe reminded the Commission that the legal issues were previously raised by a couple of Commissioners when abatement of the assessment was discussed. He cautioned that this proposed change will not address the legal issues of treating people differently because a longer time period for compliance is to be provided to certain individuals. Staff Attorney Cooper drew the Commissioners' attention to Section 8.28.090.B., which provides that the Planning Department may grant additional time to effect the abatement of a public nuisance. He noted that, if the Commissioners wish, this section could be expanded to provide specific guidance to the Planning staff on dealing with low-income and elderly persons. City Attorney Luwe suggested an alternative would be to leave the language as it currently exists and give the Planning staff the discretion it needs to administer the ordinance. Commissioner Frost stated the low-income elderly people who own homes in Bozeman . are being financially squeezed very tight. He then expressed concern about adopting this ordinance as proposed because it lacks specific criteria upon which to consider a request for time extension. Commissioner Youngman stated that, while she recognizes the current City staff will administer this ordinance as envisioned by the Commission, she is concerned about institutional 01-20-98 - 10- memory. She asked about the possibility of sending a memo to the Planning Department to remind them of the Commission's concerns and desires in administering this ordinance. Responding to questions from the Commissioners, Staff Attorney Cooper stated that under Section 8.28.100 of this ordinance, as proposed, any property owner receiving notice . for abatement of a public nuisance may appeal that notice to the City Commission, and the Commission may amend or modify the order or may extend the time for compliance. It was moved by Commissioner Rudberg, seconded by Commissioner Youngman, that the Commission finally adopt Ordinance No. 1452, repealing Chapter 8.28 and replacing it with a new Chapter 8.28, re nuisances, as revised to delete Section No. 8.28.140; and ask the City Manager to direct the Code Enforcement Officer to retain a copy of these minutes attached to the copy of the ordinance on file in his office. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Youngman and Commissioner Smiley; those voting No being Commissioner Frost and Mayor Stiff. Break - 4:07 to 4: 12 D.m. . Mayor Stiff declared a break from 4:07 p.m. to 4: 12 p.m., in accordance with Commission policy. Discussion re future work session aaenda items Previously distributed in the Commissioners' packets was a list of sixteen work session topics as submitted by individual Commissioners and compiled by City Manager Johnson. Included in this week's packets was a memo from Commissioner Youngman, dated January 12, 1998, forwarding additional comments on issues to be included in future discussion about impact fees. City Manager Clark Johnson asked for Commission input on the sixteen items listed in his memo and to establish a priority order for those items. He reminded the Commissioners . that he has been operating under the policy that if three Commissioners request an item be placed on the agenda, he will do so. The Commissioners reviewed the following list of topics, forwarding their preferences for which order they should be considered. 01-20-98 - 11 - 1. I mpact fees 2. Staff progress report on existing water/wastewater infrastructure needs 3. Affordable housing policy implementation 4. Adoption of annual priorities for affordable housing 5. Planning, including long range 6. Cable TV franchise 7. Pet ordinance changes 8. Sidewalk policy . 9. Critical lands inclusion with the master plan 10. Master plan update 11. City/County Commission joint meetings and projects 12. Staff incentives for practical ideas on cost savings 13. Water conservation 14. Neighborhood/town meetings or needs 15. Public transportation 16. Self-governing powers - getting issue back on the ballot Commissioner Frost stated his main items of concern include the sidewalk policy, public transportation, and impact fees, with impact fees being the top priority. He noted that the City is required to give a 30-day notice for installation of sidewalks, however, he feels that the City should continue with its past policy of allowing essentially a full construction season to do so. Under public transportation, he noted that Neighborhood Coordinator/Grantsperson James Goehrung has indicated that grant monies may be available for assisting in the process of . determining whether a public transit system is feasible, but the deadline for the application is in September or October. He suggested that a presentation on that program in the near future would be beneficial. Under impact fees, he feels that the Commission is prepared to raise the fees and should do so. He suggested that none of these three items should involve a significant amount of staff time and could be scheduled for Commission discussion in the near future. Commissioner Rudberg noted that when the transit bus system was created for Montana State University, it was recognized that to encourage the students to ride the bus, parking fees would need to be exorbitant. Responding to questions from Commissioner Rudberg, Assistant City Manager Brey stated that this proposed study would be more detailed and would look at issues such as fees . and possible costs to the City. He recognized that, while a majority of the costs of the study would be covered by the grant, the City must forward its willingness to embark on a public transportation system if the study shows it is feasible. Commissioner Youngman reviewed all of the items on the list, stating she feels staff input is needed on a number of the items. She feels that the impact fees can be placed on the 01 ~20-98 - 12 - agenda as soon as possible, without requiring much additional input from staff. She noted that her memo dated January 12, 1998, contains much of the information she had forwarded in her December memo. She suggested that some of the issues in that memo are more promising, while others may be less promising and time consuming for staff. . Commissioner Youngman stated that she feels a progress report on water and wastewater infrastructure, affordable housing policy implementation, and adoption of annual priorities for affordable housing as her other high priority items. She then stated that long- range planning and the master plan update are related, and it appears that the City-County Planning Board has identified this as an area that needs attention. She suggested that a consultant be retained to negotiate a cable TV franchise agreement. She then stated that some minor changes have been identified in the pet ordinance, and those can be easily accomplished with little impact on staff time. She noted that when the critical lands study was not included in the master plan, it was with the stipulation that the City Commission would continue dialogue with the County Commission in an effort to reach an agreement. She suggested that this could be the topic of the next City/County Commission joint meeting. She also noted that . those joint meetings should be scheduled and held on a regular basis. Commissioner Youngman then stated she feels a staff incentive program is needed, particularly since the budget is tight. She noted that discussion on water conservation is not needed immediately. She also suggested that the Commission take its time in developing a format for neighborhood/town meetings. She stated that discussion on self-governing powers is not urgent; however, she suggested that the Commission determine if the issue should be placed on the ballot again. Responding to Mayor Stiff, Commissioner Youngman identified her top priority items as being impact fees, affordable housing, cable television franchising, sidewalk pOlicy and the two planning issues. Commissioner Smiley stated she feels the pet ordinance changes are important. She . noted that the number of cat licenses issued, particularly when compared to licenses for dogs, is low. She attributed much of that low number to being directly linked to the leash law requirements. She noted that the issue of self-governing powers cannot be on the ballot for another year. She stated that affordable housing, cable TV franchising and the sidewalk policy rank among her top priorities. 01-20-98 - 13 - Commissioner Rudberg asked if all of the items on this list have been discussed by three Commissioners and whether they have agreed they should be brought back for discussion and action. Commissioner Youngman responded by stating that this list simply reflects what each . of the three Commissioners have identified as areas where they feel discussion and possible decisions are needed. She stressed that these issues have not been discussed by the three Commissioners with an eye toward bringing them back on the agenda for action with a preconceived outcome in mind. Commissioner Rudberg then forwarded her views about each item on the list, noting that impact fees are coming back. She stated her view, however, that the Commission should defer action until after staff has provided accurate information for Commission consideration. She then noted that the Commission will receive progress reports on water and wastewater infrastructure needs when staff has the information available. She stated she has no problem with implementation of the affordable housing policy, as long as staff time is not involved. She noted that the County Commission must make its decision on the donut area before discussion . of long range planning can be undertaken, since the discussion could be dramatically altered if the County assumes jurisdiction over that area. Under cable television franchising, Commissioner Rudberg stated she does not believe the City has the money to pay for a consultant. She also stated that if her cable television bill is to be increased to fund a new public channel, then she feels the issue should be determined by a vote of the people because she is unsure about the community support for this proposal. Commissioner Rudberg said that if a majority of the Commission wants to change the pet ordinance, then this issue should be brought back as quickly as possible because the educational materials cannot be printed until after those revisions have been made. She noted that will then be too late to distribute the information with the license renewals. She then stated she will not change her mind about sidewalks. She feels that people should have input . on whether they want sidewalks in a neighborhood. She also noted that one of the reasons the sidewalk program was stopped was the $5 million transportation bond issue, and those monies have not yet been expended. Commissioner Rudberg then questioned the inclusion of the critical lands study in the master plan. She noted that, since most of the critical lands lie in the County, the County 01-20-98 - 14 - should take the first step in including that study in the master plan. She then noted that updating the master plan is under the jurisdiction of the City-County Planning Board, and the timing of the update should be up to them. Commissioner Rudberg noted that City Manager Johnson meets with the County . Commission on a regular basis. She stated that if the County Commission wants to meet with the City Commission as well, it should take the leadership role. She then stated that the issue of staff incentives is an administrative issue, not one in which the Commission should become involved. She also noted that James Goehrung is the Neighborhood Coordinator/Grantsperson, and she feels that he should be allowed to do his job rather than instituting neighborhood or town meetings. She then indicated support for receiving an update from the Neighborhood Coordinator/Grantsperson about the public transportation grant possibilities. She concluded by stating that self-governing powers cannot be on the ballot until 1999. Mayor Stiff stated that, as a result of tabulating the comments forwarded by the individual Commissioners, it appears that impact fees, sidewalk policy and public transportation are the three items that should be scheduled first, since three Commissioners have indicated . that they should be addressed. He also noted that two Commissioners have identified affordable housing and the pet ordinance as items to be discussed. Mayor Stiff then stated that he has heard from County Commissioners that they want to meet with the City Commissioners. He noted that the County Commissioners serve as both administrators and policy makers and, while their joint meetings with the City Manager address one facet, they don't address the other. He also forwarded his interest in those joint meetings. Mayor Stiff then suggested that the three Commissioners who wish to see the impact fees revised submit their proposed revisions in writing for all the Commissioners to review. Commissioner Youngman noted this information could be provided by each of the Commissioners contacting City Manager Johnson and allowing him to compile the information for distribution to everyone. She noted that this would help to avoid any potential for an illegal . meeting since three Commissioners would be involved. Mayor Stiff reminded the Commissioners that the City and the County embarked on a joint venture when the impact fee study was initiated. He suggested that the City Commission should now coordinate any increases in impact fees with the County to ensure that the City does not create any negative impacts on the County. He also cautioned that any increase in 01-20-98 .___.._..__.... - ____.._ _._____.. ..on - 15 - impact fees must be carefully weighed against the off-site improvements now being provided with various projects. Commissioner Frost stated he feels it is important for the Commission to develop a schedule for implementing incremental increases in the impact fees, so that everyone in the . community is aware of when those increases will take effect. City Manager Johnson stated he views this issue as having both short-term and long- term facets. He then noted that he had Associate Planner Chris Saunders generate some alternatives to show how various increases would impact the amount of fees paid. He also noted that the Associate Planner has provided a list of the draft impact fee capital improvement program items for each of the funds for the Fiscal Years 1998 through 2002. The City Manager distributed copies of those sheets to the Commissioners for their review. The City Manager stated he agrees it is time to look at the master plan again, noting that the existing plan will provide a good base document, and the new facilities plans and engineering studies will provide good infrastructure data. He characterized this as the long-term side, cautioning that it will take a year to eighteen months to complete and will probably require . the hiring of an outside consultant. Planning Director Andy Epple noted that the 1990 Bozeman Area Master Plan Update is a policy document and, as such, does not provide a good linkage between land use patterns and infrastructure development. He reminded the Commission that when that document was adopted, it was anticipated that within ten years it would need to be revisited and updated, and the beginning of that process will be reflected in the work program and proposed budget for the Planning Department for the upcoming fiscal year. He noted that since the new master plan is proposed to be infrastructure based, it will tie directly back to the impact fees. He then noted that the new five-year impact fee program will be submitted to the Commission for consideration within the next few months. He suggested that the Commission may wish to make the review and adoption process for the impact fee capital improvement program a little . more formal, possibly including a provision for public input. Commissioner Rudberg asked that when staff provides additional tables and alternatives for impact fees, businesses be included as well as single-family residences since those are the areas where increases in impact fees will be felt the most. She expressed concern that if the 01-20-98 -. ..-- .- - --- .-..-- .... - 16 - impact fees are increased to 90 percent, businesses could be driven outside the city limits, and that would be detrimental in many different ways. City Manager Johnson suggested that if a Commissioner wishes to forward proposed changes to an ordinance, he or she should meet with the City Attorney or a Staff Attorney to . develop proposed revised language. He noted the revised ordinance can then be submitted to the Commission for consideration. Commissioner Youngman asked that the impact fee ordinance be placed back on a February agenda for action, so that the revised fees are in effect prior to the next construction season. Following discussion, the Commissioners agreed that it should be placed on the February 1 7 agenda for provisional adoption. Planning Director Epple reminded the Commission that the exemption for an expansion of up to 20 percent is based on the zone code provision that a building may be expanded 20 percent without full site plan review. He recognized that, while the size of the expansion to be exempted from impact fees may be expanded to 30 percent, the basis for the exemption may not be quite as solid, and the more complicated administration of the program becomes. . He stated that if the Commission wishes to pursue an increase in the percentage, staff will review the building permits which have been issued to determine the percentage of the typical small-scale expansion and submit information back to the Commission. He cautioned that this revision will take more time and effort than a simple increase in the percentage. City Manager Johnson suggested that the City Commission set aside its fifth Monday work sessions to meet with the County Commission. Mayor Stiff asked if the Commission can have a list of the off-site exactions for the major annexations and subdivisions over the past couple of years, including the projects and dollar amounts prior to additional discussion on the impact fees. Planning Director Andy Epple indicated that staff will try to pull the information together, cautioning that it may not be readily available. He also cautioned that some of those projects . are not on the list of off-site improvements under the current impact fee capital improvement program. The Commissioners asked that the sidewalk policy and program be placed on an upcoming agenda, as soon as staff is prepared to provide a refresher to the Commission about the current sidewalk policy and the prioritized sidewalk program list that has been developed. 01-20-98 -...-. -.---.- .---.." - "".. - 17 - They also asked that an update on the public transportation grant be provided as soon as Neighborhood Coordinator/Grants person Goehrung is prepared to do so. City Attorney Luwe asked that the Commissioners forward proposed revisions to the pet ordinance to Staff Attorney Tim Cooper as soon as possible, so that he can prepare the . necessary documents and submit them to the Commission for action. The Commissioners recognized that staff work will be required before the affordable housing issues can be discussed. Planning Director Epple noted that Planning staff currently has a full workload and cautioned that this issue will probably be placed on hold until after July 1. ADDointment to City-County Health Board Included in the Commissioners' packets was a memo from Clerk of the Commission Sullivan, dated January 15, 1998, listing the applicants for the current vacancy on the board. Mayor Stiff noted that Warren Jones' expertise and his years of service on this board are important, particularly in light of the issues which the board is currently facing. . It was moved by Commissioner Frost, seconded by Commissioner Rudberg, that the Commission reappoint Warren Jones to the City~County Health Board, with a three-year term to expire on January 8, 2001. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Rudberg, Commissioner Smiley, Commissioner Frost and Mayor Stiff; those voting No, none. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1 ) Letter from the Gallatin County Council on Aging, dated January 14, inviting the Commissioners to attend the public forum on aging issues to be held at 7:00 p.m. on . Wednesday, January 28, at the Senior Center. (2) Letter from the Alcohol and Drug Services of Gallatin County, dated January 14, giving a status report on that program to all stakeholders. (3) Draft minutes of the Bozeman Beautification Advisory Board, held on January 7, 1998, at the Gallatin Masonic Lodge No.6. 01-20-98 ---..-.--..... - 18 - (4) Agenda for the Development Review Committee meeting which was held at 10:00 a.m. today, in the Commission Room. (5) Agenda for the County Commission meeting which was held at 1 :30 p.m. today at the Courthouse. . (6) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Wednesday, January 21, in the Commission Room. (7) The City Manager submitted his weekly report, as follow. (1) Announced that filling of the vacancy on the City-County Planning Board will be on the February 2 agenda. (2) Stated that the County has expressed interest in beginning the Interagency meetings again. He noted that under the new format, those meetings will be held quarterly and will become lunch meetings instead of breakfast meetings. (3) Announced that the parade and public assembly ordinance will be on the February 2 agenda for Commission consideration. (4) Attended a meeting with representatives of Jewel Foods regarding settlement of the litigation over the Bozeman Solvent Site last week. (8) City Attorney Luwe stated that a check from USF&G in the amount of . $29,106.36, for the fourth quarter, has been deposited. He then reminded the Commissioners that a $35,000 check was previously given to the Court, to settle with the de minimis parties upon the filing of settlement documents with the Court. He noted that those documents have now been filed, and the $35,000 check has been released to the City. (9) Assistant City Manager Ron Brey stated that he attended a meeting of the PERS focus group, which is comprised of 25 public employees from various agencies in Bozeman. (10) Mr. David Smith, Executive Director of the Bozeman Area Chamber of Commerce, submitted the following. (1) Stated that the Chamber started its new fiscal year with its annual meeting, which was attended by 225 people. He thanked the City for its support. (2) Noted that the Chamber's annual report will be in the Thursday edition of the Bozeman Daily Chronicle. (3) Provided an update on Bozeman's bid for the Wally Byam Caravan Club . International conference. He stated that he is not optimistic about Bozeman receiving the bid because we don't have the ability to subsidize the bid locally that many other communities do. (11 ) Commissioner Frost stated that he attended the Bozeman Area Bicycle Advisory Board meeting last week. He noted that they are currently working on a new bikeway and bike route plan that is different from the plan they submitted a couple of years ago. He stated that 01-20-98 . .. _ _n - 19 - once they have developed the plan and had it approved by the Commission, they want to get it incorporated into the transportation plan, and they will work with staff to do so. Commissioner Rudberg asked that minutes from the Bicycle Board meetings be provided to the Commissioners, so they can remain informed about the Board's activities and direction. . (12) Commissioner Youngman stated she has provided information on a possible grant to City Manager Johnson, and that information was subsequently forwarded to Neighborhood Coordinator/Grantsperson James Goehrung for his review. She noted that the grant would be for technology assistance, and could possibly be used for technology implementation, networking and web access for the public. She stated that this grant program has broad parameters and is the same funding used to fund a portion of the 9-1-1 system. (13) Commissioner Smiley submitted the following. (1) Noted that when projects are approved through the Planning Board and the Commission, there is no mention that the applicant must obtain approval from the Parks Department for the trees to be planted in the boulevard. She also noted that the requirements for installation of a septic system are available at the Health Department, but that information is also not forwarded to the applicant. (2) . Stated that she attended the Montana People's Action meeting. (3) Stated that the Clerk of the Commission's office has been rearranged and forwarded her appreciation for the new look. (14) Commissioner Rudberg asked if any of the Commissioners plan to attend the wetlands workshop. Commissioner Smiley indicated she will attend, and Mayor Stiff stated he hopes to attend. ( 15) Commissioner Rudberg submitted the following. (1) Received one telephone call in response to the Clerk of the Commission's letters to the boards and commissions notifying them of the Commissioner liaison appointments. (2) Suggested that the Commission set aside time on an upcoming agenda to talked with the Clerk of the Commission about the Commission's budget and prioritizing the work items in the Clerk's office. (3) Noted that she . received a copy of a letter from the State thanking City Manager Clark Johnson for his work with the fire training program. (4) Stated the Library Board minutes reflect that they have been offered land upon which to build a new library. ( 16) Mayor Stiff submitted the following. (1) Thanked the Executive Director of the Bozeman Area Chamber of Commerce for a nice annual meeting. (2) Stated that the City- 01-20-98 - 20 - County Health Board is very busy and, as a matter of fact, has so many agenda items to cover that a second meeting has been called this month to cover all of those items. (3) Attended a number of open houses. . Consent Items City Manager Johnson presented to the Commission the following Consent Items. ADDrove and endorse AdoDt-A- Trail or Park Program Authorize City Manaaer to sian - Trail Corridor Access Easement Aareement between City and Eugene Graf III. Yvonne Graf Jarrett and the Estate of Genevieve S. Graf - Dortion of Sourdouah Trail across Graf's Fourth Addition: continaent UDon execution of document Authorize City Manaaer to sign - Grant Reimbursement Agreement with Gallatin County for south Third Avenue Pedestrian/Bicycle Path (STPE 1209r11) Authorize Mayor to sian - Findinas of Fact and Order - delete Dortion of Condition No.7 of Dreliminary Dlat aDDroval for Yellowstone Peaks Mobile Home Park Subdivision (subdivide 6.15 acres into 35 mobile home lease SDaces and one site-built house) - Dennis and Joni Balian (P-9650) Authorize Mayor to sian - Findings of Fact and Order - Master Plan Amendment to amend the land use designation from Suburban Residential and Urban . Residential to Urban Residential Infill and Commercial on 404.5 acres located alona the south side of Durston Road. east of Ferguson Avenue and north of US Highway 191 (P-9721) Commission Resolution No. 3225 - amendina the land use element from "Suburban Residential". "Rural Residential" and "Urban Residential" to "Urban Residential Infill" and "Business Park/Industrial" on 404.5 acres located along the south side of Durston Road. east of Ferguson Avenue and north of US Highway 191 COMMISSION RESOLUTION NO. 3225 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONTANA, AMENDING THE lAND USE ELEMENT OF THE 1990 BOZEMAN AREA MASTER PLAN UPDATE FROM "SUBURBAN RESIDENTIAL", "RURAL RESIDENTIAL" AND "URBAN RESIDENTIAL" TO "URBAN RESIDENTIAL INFlll" AND "BUSINESS PARK/INDUSTRIAL" ON 404.5 ACRES KNOWN AS THE VAllEY WEST ANNEXATION, lOCATED IN THE NORTHWEST QUARTER AND A PORTION OF THE SOUTHWEST QUARTER OF SECTION 10, AND IN PORTIONS OF THE NORTHEAST QUARTER AND THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 2 SOUTH. RANGE 5 EAST. MONTANA PRINCIPAL MERIDIAN. . Buildina InsDection Division reDort for December 1997 Claims It was moved by Commissioner Youngman, seconded by Commissioner Smiley, 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 01-20-98 -----.- ..-....--.....--- .._._-_.~_. -.----.--..--.."..--- - 21 - vote: those voting Aye being Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Stiff; those voting No, none. Adjournment - 5:45 D.m. . There being no further business to come before the Commission at this time, it was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the meeting be adjourned. 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. ~~_/# ATTEST: ALFRE . STI FF, ~ayor -,- - - {kg~ ROBIN L. SULLiV AN ~ Clerk of the Commission . . 01-20-98