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HomeMy WebLinkAbout1997-12-08 Minutes, City Commission MINUTES OF THE WORK SESSION/AGENDA MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA December 8, 1997 ***************************** . The Commission of the City of Bozeman met in work session and agenda meeting in the Commission Room, Municipal Building, Monday, December 8, 1997, at 3:00 p.m. Present were Mayor Stueck, Commissioner Rudberg, Commissioner Stiff, 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. Agenda Meeting - for regular meeting and Dublic hearings to be held on December 15. 1997 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) The City Manager asked that Commissioners forward any questions they may have to the Administrative Services Director prior to next week's meeting. (5) The City Manager stated that, in addition to presentation of the annual audit report, staff will submit its recommendations regarding the issues raised by members of the Cemetery Board. (6) Associate Planner Chris Saunders reviewed this subdivision, highlighting the issues discussed during the Planning Board meeting and some of the recommended conditions. He then stated that the applicant is seeking a variance to the subdivision regulations regarding parkland, and the Commission's decision on that application will affect Condition No.4 for . approval of this application. He then indicated that consideration of this variance is scheduled before the Commission on February 2. Responding to Assistant City Manager Bray, the Associate Planner confirmed that, without a traffic signal, the level of service on three legs of the subject intersection are rated 12-08-97 .._._.__.___u_..____ ___ ._n____.___ .___ - 2 - at level "F" and, with this subdivision, that level of service is projected at level "F" on all four legs. City Manager Johnson raised questions and concerns about the proposed extension of the sewer mains to the subject property, stating it appears the main extension is designed to . serve only this project, rather than being constructed in a size and location which might serve other developments to the south and possibly the west. Mayor Stueck asked which mains to the north will be utilized to serve this property. City Engineer Craig Brawner responded that the proposed sewer main extension will run along South 19th Avenue and Garfield Street to Research Drive, to connect to the existing system. He noted that the main then runs north to West College Street, then through the Main Mall and north to Durston Road, then north along North 17th Avenue. He indicated that what is identified as the "W1" line, which is a bypass sewer line, will be used to carry the sewage to the treatment plant. The City Engineer stated the City has been involved in several meetings with MSU and the developer regarding the possible extension of the sewer main through the MSU property . or possibly further west. He noted that, because of concerns about how a sewer main easement might impact future expansion or development of its property, MSU has indicated a lack of willingness to allow a southward extension of the sewer main. The applicant has expressed concern about the possible extension of the sewer main further to the west because of the additional costs that would be incurred. He then confirmed that the proposed sewer main extension could be viewed as a "single purpose line" for a limited service area. He further noted that, with extension of the sewer main to the west, at some time in the future, this line could be abandoned. (8) Staff Attorney Tim Cooper gave a brief overview of the ordinance. He then responded to Commissioner Rudberg, stating that Zone Code Enforcement Officer Roy Beall . submitted a memo suggesting that weed abatement be addressed in this ordinance. He noted, however, that weed abatement is addressed in a different section of the code. City Attorney luwe stated that staff is reviewing the current code provisions pertaining to weed abatement and will bring back changes if they are determined necessary. (9) Senior Planner Dave Skelton stated that adoption of this ordinance is the final step in the zone code amendment process to create a planned unit development to ensure a 12-08-97 - 3 - more unified development of the North 19th Avenue and West Oak Street corridors. He then stated that the Commission will see the plans for the first development under this section of the code, a 1 DO-acre development called "Stone Ridge", in January or February. (10) The City Manager stated that the language of this agenda item will be changed . to provide for direction to staff to pursue the zone code amendment process rather than adoption of an ordinance. Land Use Attorney Christopher Williams distributed a draft ordinance, stating that, as the result of a meeting with the City Attorney and Assistant City Manager this morning, several changes are to be made before it is forwarded as a zone code amendment. He stated that, rather than limiting these provisions to sports oriented events, the ordinance will establish requirements for all non-profit activities. He then reviewed some additional changes to the draft ordinance, including a minimum setback of fifteen feet rather than five feet. He noted that this ordinance will limit the height at which the signs may be installed, require that the signs be oriented toward the spectators rather than toward the public right-of-way, and prohibit advertising of tobacco and alcoholic beverages. He then suggested the requirement that the . signs be submitted to the Recreation and Parks Advisory Board for review and approval be removed because of the timing problem it could create. (21 ) Responding to Mayor Stueck, the City Attorney stated that, following the public hearing, the Commission may split the base rate from the surcharge for the purpose of making its decision. He then reminded the Commission that its decision will be to direct staff to bring back a resolution revising the rate structure. (22) The Assistant City Manager reminded the Commission that when the easement for the Sourdough Ridge Trail was discussed and developed, it was with the general understanding that the Ida Avenue street right-of-way would be vacated in exchange for a permanent easement for the trail. (23) Associate Planner Chris Saunders gave a brief overview, stating that the staff . report previously submitted has been slightly revised to reflect the impacts of the new zoning designations approved by the Commission, contingent upon annexation. He reminded the Commission that this annexation is being processed under a different section of the code than the typical annexation because of the railroad right-of-way which separates it from the existing city limits. 12-08-97 __ __._. - - _______.., n,_ - 4 - Responding to questions from the Commission, City Attorney Luwe stated that under annexation by petition, a City cannot force annexation of agricultural land. He stated, however, that he does not believe problems will be incurred if the property owner requests annexation under this mechanism, even if the agricultural use is continued after the property is annexed. . (24) The Associate Planner stated that, following its public hearing on December 2, the Planning Board forwarded a recommendation for denial of this application. He then stated that the applicant has submitted a letter requesting that this public hearing be continued to January 5 because they will be out of town on December 15. City Manager Johnson stated that the Commission must determine whether it wishes to grant the request for continuing the public hearing. He suggested, however, that in light of the Planning Board's recommendation for denial and incorporation of some of the issues in the unified PUD process, the Commission conduct its public hearing on this application and proceed with its decision rather than granting the extension. Following discussion, the Commission decided to conduct the public hearing on December 15, then continue the public hearing to the afternoon session on January 5, to give . the applicants an opportunity to provide input prior to the decision being made. Work Session - (A) Presentation of water facilities Dlan: (B) Presentation from MSU re "areen building": (C) Discussion re City Manaaer's emDloyment aareement (A) Presentation of water facilities plan Project Engineer Rick Hixson stated that in 1993, the City contracted with HKM Engineering to update the City's water facilities plan at a cost of approximately $31,000, and they began that work in late 1993. The company underwent some major changes, including a merger with another company, which resulted in changing the name to MSE-HKM Engineering. He noted that the City received its first draft of the water facilities plan in 1995 and submitted a significant number of comments on that document. Subsequently, the project . was assigned to Mr. Bill Hunt, and he undertook a major rewrite, resulting in the document now before the Commission. He noted that the plan includes twenty~year and fifty-year projections and includes sections on system characteristics analysis, facilities evaluation and recommendations. 12.08-97 __.n _____.._ ____._n. - 5 - The Project Planner stated that a copy of the executive summary from the water facilities plan has been included in the Commissioners' packets for their review prior to this meeting. Mr. Bill Hunt, consulting engineer, stated the scope of the plan was to define future . water demands, provide a computer model based on the information gathered and identify deficiencies and needed improvements in the system. Mr. Hunt reviewed the contents of the executive summary. He noted that, based on the base data provided, the population in the year 2014 is projected at 32,508 and the preliminary population estimate is 50,240 in fifty years. He stated that, historically, the per capita use is 200 gallons per day, although that figure has recently decreased to 190 gallons per day. He stressed that many different factors impact the per capita per day use rates, including wet summers. He noted that historic data reveals the peak daily use is 2.35 times the average daily use. In light of those factors, computations in the study are based on a per capita use of 200 gallons per day and peak use at 2.5 times the average daily use. Mr. Hunt stated that the water treatment plant has a design capacity of 15 million . gallons per day but, because of turbidity and the need for backwashing, its capacity is actually reduced to 12.8 million gallons per day at certain times of the year. According to the calculations in the study, between 2009 and 2013, the plant capacity will need to be expanded either 5 million or 10 million gallons per day. He also stated that, between 2021 and 2026, projections indicated that the capacity of the supply lines will be exceeded, particularly the line from Hyalite Reservoir. Mr. Hunt stated that, depending on the City's decision about the first expansion of the water plant, an additional expansion may be needed between 2029 and 2033. The next anticipated deficiency is in the transmission lines between the water treatment plant and the community, and that is projected to occur between 2035 and 2040. He stated that, because the flow from the Hyalite Reservoir is not set daily, the amount of water that will be needed . for the next few days must be estimated, to ensure that an adequate water supply is available. Because the needs are estimated high, approximately one-fourth to one-sixth of the water supply is diverted around the water treatment plant because it is not needed. He noted that one of the suggestions in the study is that a storage pond for the raw water be installed just 12-08-97 - 6 - upstream from the plant, so that those waters remain available to the City for its use as population and the attendant demand increase. Mr. Hunt stressed the importance of providing redundancy in the water supply system. He stated that an 18-inch transmission line from the Lyman Creek Reservoir serves the northern . portion of the community. He noted that, because the Lyman Creek Reservoir is approximately 85 feet lower than the two reservoirs for the Hyalite Creek water supply, the pressure from the Lyman Creek supply is lower and, therefore, that water cannot be fed into the water supply system for that portion of the community lying south of the interstate. He then stated that approximately 30 percent of the 1.2 million gallons per day from this source is currently being used, and suggested that with the installation of a pumping station, this source could also serve the new construction in the northwest Quadrant of the community as well as the Bridger Drive/Griffin Drive/Mandeville Road area that it currently serves. Mr. Hunt stated that, because of the height of the reservoirs in comparison to the elevations in the community, the pressure in the water lines at Kenyon-Noble on the north side run between 160 and 165 pounds, and the recommended pressure is 35 to 60 pounds. he . suggested that, through installation of a series of pressure regulating valves, the pressures could be reduced, thus reducing some of the maintenance costs incurred because of the high pressures in the lines. Mr. Hunt stated that, in conjunction with this plan, a computer model has been developed for the distribution system with a substantial amount of digitized information which will assist City staff in determining deficiencies and system needs as new subdivisions and development proposals are considered. Mr. Hunt noted that the 130-page study contains an estimated $3 million in improvements that are needed immediately, as well as estimated costs of those improvements needed in the next twenty and fifty years. . Responding to Mayor Stueck, City Engineer Brawner stated that, while improvements have been made at the Lyman Creek Reservoir in 1988 and 1991, the transmission main and distribution lines are old, and he is unsure about their condition. Further responding to the Mayor, the City Engineer stated that the wastewater facilities plan is based on a flow of 117 gallons per person per day, exclusive of inflow and infiltration. 12-08-97 .----. - .--. ----.. .----------- .. ------ ...--- ----- - 7 - Commissioner Frost noted that the population projections in the water facilities study include 28,500 in the early 2000s; however, the estimates released by the Department of Commerce last week show 28,522 in Bozeman at the present time. He suggested that this difference in population projections impacts when improvements will be needed. . City Engineer Craig Brawner concurred with Commissioner Frost's assessment, stating that the population figures are the ones which will drive the need for improvements, rather than the years listed. Mr. Hunt stressed the importance of remembering that the per capita daily usage has dropped in the last few years, noting that part of that is due to the wet summers. He also noted that, although they are not required under the City's codes, many contractors are installing water saving devices in new homes. He further suggested that people may be more cognizant of how they use water now than in past years. Responding to Mayor Stueck, Mr. Hunt stated that information gathered from MSU revealed that in 1996, there were 11,611 students on campus during the academic year. During the summer, there were 2,823 students on campus and, when combined with the . figures from the Chamber of Commerce on the number of tourists, it appears the total numbers were essentially the same. Commissioner Youngman stated there are three major variables that affect the timing of improvements: (1) the growth rate, (2) whether or not a city-wide water conservation plan is implemented, and (3) the availability of water in the Lyman Creek and Sourdough Creek drainages. She cautioned that any and all of these issues could dramatically change the figures which have been submitted and suggested that providing different scenarios could be beneficial. Mr. Bill Hunt stated that the City has good records on the amount of water produced and used on a daily basis, and that historical data can be beneficial in the decision making . processes which the Commission will face. City Engineer Brawner stated that, while this plan is a fifty-year plan, a facilities plan is typically updated every ten years. He noted that during the update, the necessary adjustments can be made to the document and projections. Responding to Questions from Commissioner Youngman, Mr. Bill Hunt stated that the report contains tables showing the estimated costs for each of the improvements. He briefly 12-08-97 _n__..__..._.... -----.------.-..-- - 8 - highlighted some of the projects and improvements which need more immediate attention or which are currently in process. Responding to Commissioner Frost, the City Engineer stated that during the period of high turbidity, the water treatment plant produces less water because of backwashing. He . noted, however, that during July and August, when the demand is higher, the plant is able to meet the current demands because the quality of the raw water is better. He then stated that the water produced and the water usage numbers are what will really govern when the various milestones are hit, rather than the population. Responding to Commissioner Stiff, Mr. Hunt noted that the community is currently experiencing an extremely accelerated rate of growth. He stated that, on the average, however, their population projections should provide relatively accurate information in the long term. He then stated this facilities plan gives the City an idea of the magnitude of the costs involved in making the needed capital improvements over the next twenty years. He then stated that he was working in the City Engineering Department in 1957, when the last major water facilities plan was developed. . City Engineer Craig Brawner stated the Commission now has the option of adopting the facilities plan without additional comment, or it may conduct a public meeting to provide a forum for staff and the consultant to provide a more detailed presentation of the facilities plan and give the public an opportunity to comment on the plan prior to its adoption. He then cautioned that any future potential funding sources may require public comment on the facilities plan. Following discussion, the Commissioners determined it would be more appropriate to conduct a public meeting on the facilities plan prior to adopting it. They further determined that a copy of the plan should be made available at the Library, and the executive summary and the tables showing the estimated costs of the improvements should be posted on the web page, for those in the community who wish to review it in preparation of the public meeting. . City Engineer Brawner characterized the facilities plan as a planning document for major infrastructure needs and capital improvements. He recognized that there is community interest in conservation efforts; however, he cautioned that those issues are outside the scope of this contract and this plan. 12-08-97 - 9 - Mayor Stueck asked the City Engineer to work with the City Manager in scheduling a meeting to accept public input on the water facilities plan prior to its adoption. Mayor Stueck thanked the Engineering staff and Mr. Hunt for their presentation. (B) Presentation from MSU re "green building" . City Manager Johnson stated that representatives from Montana State University are unable to attend this meeting and, therefore, this presentation will be rescheduled. (C) Discussion re City Manager's employment agreement Mayor Stueck stated this item was briefly discussed at last week's meeting. He noted that issues under consideration include the City Manager's salary as well as his option to request closed evaluations. City Attorney Luwe confirmed that the Commission may amend the employment agreement in a manner similar to amending a professional services agreement, as long as both parties agree to the amendment. Following a brief discussion, the Commissioners agreed unanimously that the language in Section 6 of the employment agreement should be amended to allow the City Manager to . request the evaluation be held in closed session. The Commissioners then addressed the issue of increasing the City Manager's salary for the period January 1 through June 30, 1998. Commissioner Frost expressed his discomfort with trying to identify an appropriate salary increase after six months, particularly in light of the way the existing agreement is worded. Commissioner Rudberg noted that the Commission recognized the City Manager's entering salary was low. She then suggested that the Commission consider adjusting the City Manager's salary halfway at this time, with the remainder of the raise being effective on July 1. Mayor Stueck stated that the City Manager's entering salary was set at the level which Assistant City Manager Brey was making as Acting City Manager. He noted that this . essentially froze all of the department head salaries, to ensure that none of the department heads exceed the City Manager's salary. He suggested that by giving a portion of the increase now and the remainder in July, that concern can be somewhat alleviated. He forwarded his agreement with Commissioners Stiff, Frost and Youngman, who have recognized that a six- month adjustment was not provided in the employment agreement. He then stated that if the 12-08-97 __ __ __ - un _ _._._ _.. - - .--- ----..---- - 10- Commission cannot unanimously agree on a salary adjustment at this time, no salary increase will be given until June. Commissioner Stiff noted that there was a difference of opinion on the Commission when the City Manager was selected, and the majority of the Commission deferred to the . concerns raised by the minority in setting the initial salary. He then stated he feels it is imperative that all of the Commissioners feel comfortable with any adjustment at this time. He feels that the job is worth a certain amount, and he would support an increase at this time, but only if the vote is unanimous. Commissioner Youngman stated that, while she had initially felt that the Commission should honor the employment agreement a written, she feels that a small increase at this time would be appropriate, particularly since it would provide distance between the City Manager's salary and the department head salaries. Following a brief discussion, the Commissioners agreed to increase the annual base salary by $3,000, effective January 1, 1998. Mr. Joe Kolman, reporter for the Billings Gazette, gave the Commissioners a letter from . Dick Wesnick, editor of the newspaper, dated December 8, 1997, forwarding concern about the Commissioners' considering allowing the City Manager evaluations to be closed in the future. City Attorney Luwe stated that he will prepare an amendment to the employment agreement and an ordinance to amend the salary as agreed upon by the Commission, for consideration at an upcoming Commission meeting. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1 ) Letter of resignation from the Community Affordable Housing Advisory Board, . dated December 3, as submitted by Lisa Holcomb. Commissioner Rudberg asked how this position will be filled. Commissioner Youngman suggested that if there is a current application on file, the Commission could fill the position without advertising again. The Clerk of the Commission indicated she will check the applications on file. 12-08-97 - 11 - (2) Memo from Staff Attorney Tim Cooper, dated December 8, regarding the Commission's recent decision to vacate a portion of East Aspen Street between the lehrkind Mansion and the Haynes Building. (3) Agenda for the Development Review Committee meeting, to be held at 10:00 . a.m. on December 9, in the Commission Room. (4) Agenda for the Design Review Board meeting, to be held at 3:30 p.m. on December 9, in the Commission Room. (5) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, December 9, at the Courthouse. (6) The City Manager submitted his weekly report, as follows. (1) Attended the meeting with the Montana Department of Transportation in Helena last week regarding the visitors' center. He stated that another meeting has been scheduled here on Friday to further discuss the issue. (2) Attended a meeting of administrators from the larger cities in Montana to discuss issues facing their communities. He noted that they hope to continue these meetings on an every-other-month basis, and stressed that they are designed to provide for an . exchange of ideas. He stated the next meeting will be held in Bozeman on Friday, February 6, and invited all interested Commissioners to attend. (3) Attended the Recreation and Parks Advisory Board dinner and meeting last week. (4) Attended the Swim Center staff's Christmas party last night. (7) Assistant City Manager Brey stated he met with the Library safety staff about several issues. He noted several of the City departments are developing safety programs at the present time. (8) City Attorney luwe stated that, prior to the recent election, the City of Missoula was working on development of a snow removal ordinance, based on Bozeman's ordinance. (9) Commissioner Frost submitted the following. (1) Attended the Humane . Society's Christmas party. He stated that this year's party was held in one of the buildings at the Fairgrounds and was for the animals, and it was a great success. (2) Cited three articles in the December issue of Governing magazine. He noted one of those articles pertains to the long-term ecology of urban environments; another article is on a study and incentive program being undertaken in Boulder, Colorado, to encourage people to cut back on their driving; and 12-08-97 -------------- - 12 - the third article pertains to the EPA's clean water act requirements and their financial impacts on communities. (10) Commissioner Rudberg asked if the consent agenda can be expanded to include more items, particularly since many agenda items receive 5-0 votes. She suggested that, . during the agenda meeting, the Commission could possibly identify items to be moved to the consent agenda to make the meetings move more smoothly and quickly and eliminate the need for applicants to make unnecessary multiple trips to Commission meetings. City Attorney Luwe stated that staff will review the items listed as line items on upcoming agendas to determine if any of them can be moved to the consent items. (11 ) Commissioner Rudberg noted that last week, Commissioner Youngman submitted a memo about impact fees, in which it appears that she is giving direction to staff. Commissioner Youngman stated that she is only forwarding her questions and comments to staff, recognizing that as an individual Commissioner, she cannot direct staff. Commissioner Rudberg stated that, while she does not have a problem with an individual Commissioner forwarding questions to staff, she is concerned about the significant . amount of staff time that will be required to respond to the questions in this memo. City Manager Johnson stated that the impact fees will be brought back for a work session discussion. ( 12) Mayor Stueck stated that he attended the Montana Transportation Commission meeting in Helena, in support of the Chamber of Commerce proposal for the visitors' center/rest stop. He noted that, at that meeting, it became very obvious that many communities in the State are looking at what Bozeman is doing, particularly since the community has become proactive in its approach toward transportation needs. He then stated that, as a result of attending that meeting, he feels optimistic that the City, the Chamber of Commerce, and the State and federal Department of Transportation can work together to create a project in a location that is acceptable to everyone. . Adjournment - 5:45 c.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 12-08-97 --------- ----.- ----------- - 13 - Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. ( 2 ~ ,)jP;-14.l DON E. STUECK, Mayor . ATTEST: .- ~.". r2t2-L~ ROBIN L. SU[UVAN ~ - Clerk of the Commi~ston . . 12-08-97 -------------