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HomeMy WebLinkAbout1997-07-14 Minutes, City Commission ------ -.-.-.. .- MINUTES OF THE WORK SESSION/AGENDA MEETING/SPECIAL MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA July 14, 1997 ***************************** . The Commission of the City of Bozeman met in work session/agenda meeting/special meeting in the Commission Room, Municipal Building, July 14, 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. Mayor Stueck asked if any of the Commissioners wished to remove any of the Consent Items for discussion. Assistant City Manager Brey requested that the Beall Park Criterium Bike Race be removed for discussion. Sianina of Notice of See cia I Meetina . Each of the Commissioners, in turn, signed the Notice of Special Meeting. Decision - Commission Resolution No. 3180 - intent to annex 411 + acres located alona the south side of Durston Road. west of Ferauson Avenue and north of US Highwav 191 (360 Ranch Corooration. et al.) (A~9703) This was the time and place set for the decision on Commission Resolution No. 3180, as approved by the City Attorney, and entitled: COMMISSION RESOLUTION NO. 3180 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF TRACTS OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTS WITHIN THE CORPORATE LIMITS . THEREOF. Included in the Commissioners' packets were a memo from Planning Director Epple, dated July 10, forwarding proposed revisions to the suggested conditions for approval, and notes from the meeting held on Wednesday to discuss the written questions which had been 07-14-97 -- n. _._____.__ .--...--...----..----...----- ...-..-. .- - 2 - submitted by Commissioner Youngman and Commissioner Frost and the questions forwarded verbally by Commissioner Stiff. Planning Director Epple noted that the revised conditions address the concerns raised by the City Commission as well as the County Commission during its public hearing on the master plan amendment last week. . The Planning Director then stated that today, he received a letter from Mr. Jack Schunke, Morrison-Maierle, dated July 14, requesting that the Commission delay its decision for a period of two weeks to allow them an opportunity to review the revised conditions. He stated that this delay would also give staff a chance to do a more thorough evaluation of some of the questions that have been raised, since staff was unable to fully address all of the questions during this past week, particularly those pertaining to fiscal analyses. He stated that, within the next two weeks, staff should be able to develop a model for fiscal analyses of this and future annexations; however, there will not be adequate time to develop anything but very rough estimates for this annexation. Planning Director Epple stated one of the new recommended conditions is that improvements be made to Durston Road from North 19th Avenue westward to the subject . property. He noted that other new conditions pertain to waivers for creation of a park maintenance district, either for the annexation or a city-wide district, and a requirement that the gravel pit operation be limited to providing materials for development of the 360 Ranch holdings only. Responding to Mayor Stueck, Planning Director Epple stated that improvements to Durston Road were one of the major concerns raised by the County Commission during its public hearing on the master plan amendment. He noted that the County Commissioners do not want Durston Road to become another West Babcock Street, and they feel that can best be accomplished by requiring improvements before additional development occurs. Mayor Stueck expressed concern that under the proposed new condition, the developers . are to be required to determine the existing right-of-way and be responsible for starting the SID process for improvements to the roadway. He stated these steps are more appropriately the responsibility of the governmental entities, which have the right of eminent domain. The Planning Director responded that City staff members are currently carrying full workloads, and these items could probably be more quickly and efficiently organized by the 07-14-97 -..-..- ...-- -.. -- -.....-..- - 3 - developers' representatives. He also noted that portions of the right-of-way lie in the city while other portions lie in the county, and several property owners are involved. Mayor Stueck concurred that creating another West Babcock Street situation is in no one's best interests. He then noted that the City typically requires waivers of right to protest the creation of SIDs for improvements to roadways and asked why that is not being proposed . in this instance. The Planning Director acknowledged that this is the first annexation for which this new condition has been proposed. He stated, however, that waivers of right to protest the creation of SIDs has not resulted in improved roadways to date and, given the amount of anticipated development in this area, staff felt that a different mechanism which might result in improvement of the roadways more quickly would be more appropriate for this and future annexations. He then stressed that it is not unreasonable to expect the developers to make off- site improvements as well as on-site improvements, particularly in developments which will have a dramatic impact on the existing system. Mayor Stueck expressed concern that if all of this property is required to participate in improvements to Durston Road, Billion Plaza and the Norton property will be included in that . requirement, and those properties will have little or no impact on that roadway. He suggested that it would be more appropriate to break the annexation up, with portions of the properties bearing responsibility for the roadway which they will most affect. Planning Director Epple stated that is an issue to which he cannot respond at this time; however, he will try to have a response within the next two weeks. He noted there are several other questions to which he will attempt to have answers before this item is discussed again. He characterized many of those questions as technical in nature, noting that they require more time to answer than staff had available this past week. Commissioner Frost stated he is viewing this annexation in a different way from the ones he has considered in the past, noting that he now views them as an economic issue. He then . expressed concern that if Durston Road is improved under a special improvement district, those improvements may not be completed in a timely manner, and development may negatively impact it. Planning Director Epple stated that under the conditions as proposed, the developers 07-14-97 ---------- ..-------....-- - 4 - would be allowed to undertake development once the special improvement district has been created, since construction of the improvements would then be imminent. Commissioner Frost noted that the issue of density was raised but not discussed at last week's meeting. He characterized the manner in which the Valley Unit Subdivision has developed as not being efficient for services. He noted that since 81 percent of the property . proposed for annexation is to be zoned for residential development, the issue of being efficient economically should be carefully considered. He stressed his interest in seeing higher density in the residential development, rather than the sprawl that results from large lot development. Commissioner Youngman suggested that the wording for the proposed new Condition No. 17 be amended to include "infrastructure installation and development", to address some of the concerns raised by Director of Public Service Forbes. Responding to questions from Commissioner Youngman, the Planning Director stated that there are several sources of information on how to prepare a fiscal impact analysis for annexations, both now and in the future. He noted that the general basis for the analysis could be prepared and possible ballpark estimates developed for this annexation request prior to the . Commission considering this item again, however, development of good scientific numbers is not possible. Commissioner Rudberg suggested that the Commission consider a policy under which, if more than a specified amount of the property requested for annexation lies within the urban growth area and service area boundaries, the entire parcel be annexed. She stated it makes more sense to annex an entire parcel and plan for its orderly development than to annex a smaller piece simply because that is the only portion within the boundaries. Responding to Commissioner Youngman, the Planning Director confirmed that if only the parkland area in Area 3 were annexed, the gravel pit could still be used for development of the 360 Ranch Corporation property only. Planning Director Epple noted that in the revised conditions, language has been added . to Condition No.1 to segregate out the development of Bronken Park from the balance of the project, if it is determined desirable or necessary to do so from a community standpoint. Responding to questions from Commissioner Stiff, Planning Director Epple stated he believes it is possible to establish a special improvement district for installation of improvements 07-14-97 .5- with some of the property owners paying their portions of the costs upfront instead of over a period of time. Commissioner Stiff noted that the applicant has indicated a willingness to provide a letter of credit or some form of assurance to perform, and he feels it is important to require that to protect the City to the fullest extent possible. He also suggested that a statement should be . included in approval of the annexation which notifies the applicant that annexation does not result in the assurance that City services will be held for future development of this property. The Planning Director noted that Condition No. 15 was designed to identify the fact that City services not be available for development if development of this property is delayed for a period of time. He then indicated a willingness to revise that condition to make it clearer. Mr. Jack Schunke, Morrison-Maierle, forwarded his appreciation for the time and effort which the staff and Commission have put into reviewing this application and identifying concerns and issues to be addressed. He then indicated a willingness to prepare a document which shows the right-of-way currently available for Durston Road and a listing of the waivers of right to protest the creation of a special improvement district for improvements to that . roadway, for review by City staff. He stated the developer is very concerned about the new condition which would make him responsible for all of the costs of improvements to Durston Road from North 19th Avenue to his property, cautioning that if this condition is imposed, the application will probably be withdrawn. He noted, however, that the developer is willing to assist the City as much as possible and to pay his fair share of the costs. Mr. Schunke stated they have requested additional time to review the conditions recommended for approval and to work with staff to make sure that those conditions are clearly written and are acceptable. He noted one of the conditions about which he has questions is the condition requiring improvements to Durston Road to include curb and gutter, particularly since the applicant has proposed a County-standard road with bike lanes and no curb and gutter. He noted the applicant is also concerned about the requirement to install curb . and gutter on Ferguson Avenue between West Babcock Street and US Highway 191, particularly since he does not own the property along that stretch of roadway. Mr. Schunke stated that the applicant is clearly taking risks by installing the water, sewer and street improvements upfront, with the stipulation that no subdivision will occur until those improvements have been completed and determined acceptable to the City. He then 07-14-97 - 6 - indicated a willingness to provide letters of credit or any other assurance required by the City. He further stated that all contracts for installation of infrastructure improvements within the public rights-of-way will be submitted to City staff for review and approval before the work is undertaken. Mr. Jack Schunke raised questions about how a minor subdivision could be processed . to separate Bronken Park from the remainder of the project without the infrastructure improvements being installed or rights-of-way dedicated. He expressed an interest in working with staff in an effort to resolve that issue. Mr. Schunke noted that if Durston Road is listed as one of the projects in the impact fee capital improvements program, it may be possible for the developer to receive credit for his contribution toward improvement of that roadway. He encouraged the Commission to give careful consideration to this as a possible mechanism for improving that roadway. He noted another alternative which the developer may consider is patching and possibly overlay of the existing roadway, which could result in sufficient improvement until the entire roadway is reconstructed. . Commissioner Frost recognized that the developer may feel that what is being suggested is too much to accept. He asked the developer to consider, however, that if he does not assume the costs, then the taxpayers bear the costs. He noted that, from an economic point of view, he does not feel it is appropriate for the taxpayers to be assessed the costs of improving a road for a specific development. He then forwarded his interest in taking steps to ensure that a situation like West Babcock Street does not occur along Durston Road. Mayor Stueck stated that, while he agrees steps should be taken to avoid another West Babcock Street, he is concerned about requiring this developer to improve a roadway along which many of the property owners are county residents. He suggested that those who will benefit from the improvements to Durston Road should participate in the costs, although he is uncertain how that will occur given the fact that portions of it are in the city while other e portions are in the county. Mr. Schunke noted that each property included in a special improvement district must be benefitted by the improvement for which it is assessed. He then stated that the larger the district and the larger the number of properties involved, the smaller the assessments will be for each parcel. 07-14M97 ----....---- - 7 - Responding to Mayor Stueck, the Planning Director stated staff must research the conditions imposed on other developments along Durston Road to determine for what portions of the roadway they may be responsible. Commissioner Rudberg stated she believes growth should pay for itself. She cautioned that denial of the annexation request will not result in no development; rather, it will simply e result in development outside city limits and without city services. She then forwarded her position that it is better to have this property develop inside city limits, with city services and paying city taxes. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission postpone action on this annexation request until the August 4 meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No, none. Decision - Master Plan Amendment - Morrison-Maierle, Ine.. for 360 Ranch Corporation, et al. - amend the land use designation from Suburban Residential and Urban Residential to Urban . Residentiallnfill and CQmmercial on 411 + acres located along the south side of Durs!on Road, east of Fer<;wson Avenue and north of US Highwav 191 (P-9721) This was the time and place set for the decision on a Master Plan Amendment requested by Morrison-Ma;erle, Inc., for the 360 Ranch Corporation, et a/., under Application No. P-9721, to amend the land use designation from "Suburban Residential" and "Urban Residential" to "Urban Residential Infill" and "Commercial" on 411:f: acres located along the south side of Durston Road, east of Ferguson Avenue and north of US Highway 191. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission postpone action on the Master Plan Amendment until the August 4 Commission meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and . Mayor Stueck; those voting No, none. Decision - Zone MaD Amendment - Morrison-Maierle, Inc., for 360 Ranch Comoration, et al. - change the zoning desianations from "R-1", R-O", "R-MH", "B-1", "B-2" and "PU" to "R-2", "R-3", "R-MH", "R-O", "B-1", "B-2" and "PU" on 411 :!: acres located along the south side of Durston Road, east of Ferguson Avenue and north of US Highwav 191 (Z-9741) This was the time and place set for the decision on a Zone Map Amendment, as 07-14-97 ""-- - 8 - requested by Morrison-Maierle, Inc., for 360 Ranch Corporation, et al., under Application No. Z-9741, to change the zoning designations from "R-1", Residential--Single-family, Low-density, "R-O", Residential--Office, "R-MH", Residential--Single-family, Mobile Home, "B-1", Neighborhood Service, "B-2" Community Business, and "PU", Public Lands and Institutions, to "R-2", Residential--Single-family, Medium-density, "R-3", Residential--Medium-density, . "R-MH" , Residential--Single-family, Mobile Home, "R-O" , Residential--Office, "B-1", Neighborhood Service, "B-2", Community Business, and "PU", Public Lands and Institutions, on 411:t acres located along the south side of Durston Road, east of Ferguson Avenue and north of US Highway 191. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission postpone action on the Zone Map Amendment until the August 4 Commission meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. Presentations from and to JaDanese visitors . Mrs. Dixie Swenson, Executive Director of Gallatin Development Corporation, stated that a delegation of the Federation of Kanagawa Prefecture Liberal Democratic Party Branches Youth Division is in attendance at this Commission meeting. She characterized these individuals as being the equivalent of state legislators in our country. She noted they are in Bozeman for a short period of time, and they are here to learn about our government, business in the community, and how the two work together. Mr. Fumio Mochida made a presentation to the Mayor, including letters from Hiroshi Okazaki, Governor of the Kanagawa Prefecture, dated July 7, and from Hideo Takeguchi, Executive Director of the Community Relations Department, dated July 4, 1997. Mr. Glenn Frye, interpreter for the group, stated he was raised in Bozeman and now lives . in Tokyo. He noted that the delegation includes 22 senators from the Prefecture. He stated the Liberal Democratic Party is similar to the Republican Party in the United States. He noted that Japan is approximately the same size as Montana, and the Kanagawa Prefecture is approximately the size of two counties in Montana. He stated the delegation is interested in 07-14-97 -.-"...-- - 9 - learning about how environmental issues are balanced with business, and they feel that Bozeman and Gallatin County are doing it right. Mayor Stueck stated the Commission is honored and proud that the delegation has chosen Bozeman and gave the delegation a certificate, thanking them for being here. . Authorize Mavor to sian - Buv/Sell Agreement for Carneaie Building City Manager Johnson submitted to the Commission a buy-sell agreement for the Carnegie Building, as forwarded by CWP Investments. He stated that one change is needed in the third paragraph on the Addendum for Additional Provisions, to more accurately describe the deed restriction pertaining to demolition. Responding to Mayor Stueck, City Manager Johnson stated that Assistant City Manager Brey and Clerk of the Commission Sullivan have reviewed the minutes and other documents surrounding the construction of the new library building and any restrictions on the monies from the sale of the Carnegie Building, in response to Questions raised by Commissioner Youngman. He noted that their research, as of this meeting, has revealed no deed restrictions and, while . there was extensive discussion in the minutes from 1979, there was no Commission ac1ion regarding the disposition of monies from future sale of the Carnegie Building. Further responding to Mayor Stueck, the City Manager stated that under the proposed deed restrictions, the City may assign its right to repurchase the Carnegie Building if demolition is proposed. He indicated that this would allow a citizens' group to become involved if the City is unable to generate the funds needed for the purchase. He then assured the Commission that the sale of the Carnegie BUilding is contingent upon acquiring a replacement facility. It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the Commission authorize and direct the Mayor to sign the Buy/Sell Agreement for the Carnegie Building, as amended to reflect the revisions forwarded by the City Manager. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, . Commissioner Rudberg, Commissioner Stiff, Commissioner Frost and Mayor Stueck; those voting No, none. 07-14-97 n_. _.____._ __no ._.____ .-..-....------ .__n__..___. ___ - 10 - Reauest for Dermission to conduct Beall Park Criterium Bike Race - Gallatin Vallev Bicvcle Club - Sunday. Julv 27. 8:00 a.m. - around Beall Park on North Bozeman Avenue. West Beall Street. North Tracv Avenue. West Villard Street. North Black Avenue and West Short Street City Manager Johnson reminded the Commission that Assistant City Manager Brey had requested this item be removed from the Consent Items. He stated that the Police Department response has not yet been received and asked that the Commission's approval be contingent . upon a favorable response from that department. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission approve the request for permission to conduct the Beall Park Criterium Bike Race on Sunday, July 27, as requested by the Gallatin Valley Bicycle Club, contingent upon receipt of a favorable response from the Police Department. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No, none. Consent Items City Manager Johnson presented to the Commission the following Consent Items. . Authorize City Manager to sian - Aareement for E911 DisDatch System - between Gallatin County. City of Bozeman and Teton Communication. Inc.: Der recommendations from Gallatin County/City of Bozeman Joint Communications/DisDatch/Records Administrative Board Authorize City Manaaer to sign - Agreement for E911 DisDatch System - between Gallatin County. City of Bozeman and International Public Safetv. Inc.: Der recommendations from Gallatin County/City of Bozeman Joint Communications/DisDatch/Records Administrative Board Authorize City Manager to sian - Right-of-WaY Aareement with DaDhne Gillam and Con K. Gillam - Parcel No.5 for Proiect No. 95-310 - for widening of South 3rd Avenue: acceDt Warranty Deed for Darcel Authorize Absence of Commissioner Stiff from meetina of July 21. in comDliance with Section 7-3-4322(2), M.C.A. Claims It was moved by Commissioner Stiff, seconded by Commissioner Frost, 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 vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none. 07-14-97 n._._._n.__._ - 11 - Agenda Meetina - for regular meeting and Dublic hearinas to be held on Julv 21. 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) Assistant Planner Saunders provided a brief overview of this preliminary plat, noting that the plat has been redesigned so that the variance to allow the streets to be offset by 125 feet from those on the north side of West Babcock Street is no longer requested. He indicated that a secondary access to West Main Street is now being proposed close to Main Mall instead of through Ponderosa Mobile Home Subdivision, as was originally proposed. He stated that the Planning Board revised some of the conditions recommended by staff and added four conditions. He stated that the applicant has indicated a willingness to allow public comment during the Commission's review of this preliminary plat. Responding to Mayor Stueck, City Attorney Luwe stated that in this instance, Mr. Mike Lilly, attorney representing Mr. Anson Crutcher, asked for an opportunity to speak, and Mr. . Cook has consented to allow public input. Mayor Stueck suggested that, since only four Commissioners will be present at next week's meeting, all of the applicants for planning and zoning items should be contacted and given an opportunity to request a continuance. (5) Planning Director Epple gave a brief overview, noting that the public hearings on the proposed subdivision regulations have been held. He stated that both the City Commission and the County Commission must adopt these regulations for them to become effective, and it is important that they adopt the same document for ease of use and enforcement. The Planning Director stated that, since the public hearings were completed, a couple of issues have arisen which will require amendments to the new subdivision regulations in the near future. One of those pertains to County impact fees, one pertains to mobile home parks, . and one pertains to the creation of a unified planning and zoning planned unit development. City Attorney Luwe stated that after the Commission approves the new subdivision regulations, they will be brought back in ordinance form for Commission adoption. (new item) Mayor Stueck expressed concern about the fact that environmental insurance was not required as a part of the specifications for the landfill gas extraction system. 07-14-97 - 12 - City Engineer Craig Brawner stated that the low bidder has provided documentation showing that he does carry some environmental insurance, although it is a broad coverage rather than for this particular job. He then noted that the sub-contractor is from Texas and has done this type of installation before. He indicated that the drilling of the wells is the major part of the project. . Mayor Stueck stated that, in light of the sub-contractor's experience in this type of well drilling, for which environmental insurance may be beneficial, some of his concerns are alleviated. He then asked if the liability insurance will cover any exposure that might be incurred from the possible ignition of methane gas during drilling. The City Engineer responded that, between the contractor's insurance and the City's insurance, such a situation should be adequately covered. He then stated it appears the low bidder is both responsive and responsible and recommended that the bid be awarded rather than the project being rebid. (14) Responding to Mayor Stueck, the City Attorney indicated he will provide information on the procedure for conducting an appellate hearing prior to next week's meeting. . Historic Preservation Planner Strahn provided a brief overview of this appeal of an Administrative Design Review staff decision. He noted that the Planning staff reviewed this application at staff meeting and unanimously determined it is not compatible with the historic district in which it is proposed. (15) Planning Director Epple provided a brief overview, stating that the applicant has sought a number of changes to the exterior from what was originally approved. He noted that the Design Review Board approved most of them but denied the request to use Dry-vit under the gable ends, and that decision is now being appealed. (16&17) Assistant Planner Chris Saunders stated that these variances will allow for concurrent installation of infrastructure improvements and construction of an affordable housing project. He noted the Fire Department has expressed concern because the closest water supply . is over 900 feet from the subject property, and the City does not have any truck with enough hose to provide fire protection services. Responding to Mayor Stueck, the Assistant Planner stated that water and sewer lines must be installed before the final plat can be filed, and a building permit cannot be drawn until the final plat is filed. He then stated that, in this instance, West Babcock Street exists, and a 07-14-97 - 13 - driveway serving two existing residences provides some access to the site. He stated, however, that during installation of the water and sewer services, emergency vehicles may not be able to access the area where the buildings are being constructed. Further responding to the Mayor, the Assistant Planner stated he will provide copies of the comments from the Fire Marshal and the City Engineer in next week's packet. . (18&19) Associate Planner Patterson provided a brief overview of the annexation request, noting that the subject property lies in County Zoning District No.1, between West Oak Street and Baxter Lane. The Associate Planner then reviewed the proposed zoning for the property to be annexed, stating that the collectors and arterials to be provided in conjunction with the annexation will alleviate concerns about traffic resulting from development of the property. He noted some concerns have also been raised about multi-family structures adjacent to the existing single-family structures in the Brentwood Subdivision. (20-22) Planning Director Epple briefly highlighted these applications, which include annexation, master plan amendment and zone map amendment on 148.05 acres along the north side of Durston Road, immediately west of Annie Subdivision. He noted that issues of . concern include provision of infrastructure improvements and emergency services. Responding to questions from Mayor Stueck, the Planning Director stated that the County Commission has no ability to dictate conditions of annexation, stressing that is strictly a City Commission decision. He noted, however, that both the City Commission and the County Commission must approve a master plan amendment to change the land use designation on property which is annexed. He then noted that the cooperative approach to the master plan has worked well over the forty years it has been in effect. Commissioner Youngman stated that a fiscal impact analysis would be beneficial in considering both this and the previous annexation request. Responding to Commissioner Frost, the Planning Director stated he is unsure how much fiscal impact analysis on requested annexations can be completed within the next three weeks. . He indicated that a program can probably be outlined in that period of time, with some estimates being developed, based on the limited information and tools available. Commissioner Frost noted that both of these annexations, which total 300 acres, are to be fully developed as residential areas, which are the most expensive type of development to the community. 07-14-97 - 14 - City Manager Johnson stated that a resolution of intent to amend the master plan will be added to the consent items for next week's meeting, in preparation for these agenda items. Work Session - (A) Discussion - chanaes between City Manaaer's recommendations and tentative aDDroDriation ordinance for Fiscal Year 1997-1998 . (A) Discussion - changes between City Manager's recommendations and tentative appropriation ordinance for Fiscal Year 1997-1998 City Manager Johnson stated that, included in the Commissioners' packets, is a memo dated July 10, in which he has forwarded a listing of issues discussed during review of the City Manager's recommendations. He noted that, also attached, is a sheet reflecting possible adjustments in appropriations between the City Manager's recommendations and the Commission's tentative appropriation ordinance. Assistant Finance Director Peg Biekert reviewed the listing of issues discussed and the amounts by which the budget is to be adjusted if the Commission chooses to include them. The Assistant Finance Director noted that the proceeds from the Haynes Building are currently in a restricted cash account, although they should be listed under the General Fund . according to generally accepted accounting practices. She stated that these monies are not reflected in the budget at the present time. She noted that if the Commission determines how those monies are to be spent prior to completion of the budget process, they can be included in the budget at this time, or added through budget amendments during the year. Responding to Commissioner Stiff, the Assistant Finance Director stated that interest income is currently not being assigned to those proceeds but can be if the Commission so directs, on a monthly, quarterly or annual basis. Commissioner Stiff suggested that a portion of these monies could be earmarked toward purchase of a new City administrative office building and a portion of the monies could possibly be set aside as matching funds for capital improvements in the cemetery, including drilling of another well for irrigation. . Responding to Commissioner Stiff, City Manager Johnson stated the $45,000 proposed for purchase of police cars is in addition to the $62,000 already contained in the budget recommendations. He then indicated that he is working with administration in the Police Department in an effort to resolve the equipment issues. He stressed the importance of ensuring that adequate City equipment is provided for them to do their jobs efficiently and 07-14-97 - 15 - safely, noting that all possible options for doing so are being pursued and considered. He then stated that this $45,000 is not to be used for marked patrol cars, but for unmarked and administrative units. He indicated that most of the units used by the Detective Division and the administrative staff are driven approximately 5,000 miles annually. City Manager Johnson stressed that the City's fleet is its biggest problem at the present . time. He noted that a drive through the City Shop yards on a Sunday afternoon will reveal the ages and conditions of many of the City's vehicles that are used on a daily basis. He stated that, while the hand-me-down process may have worked initially, the entire issue must be re- evaluated to determine how to best address vehicle needs in a more systematic manner. Commissioner Stiff noted that a number of police officers are currently on soft monies, and identifying a source of revenues to retain those officers should be high on the priority list. He then noted that his van has nearly a quarter of a million miles on it, reflecting that his view of transportation needs is possibly different from others. The City Manager stated he has proposed the addition of $5,000 for training of senior staff. He noted that these monies are to be used to bring in trainers to teach administrative skills and assist in team building. He stated that this should ensure a cost effective approach . to training that will provide results, particularly since all of the senior staff will be involved. He stressed that this training is not designed to subsidize the training budgets for the various departments, but is to be used for local training only. He suggested that the City could possibly work with another local entity, such as the hospital, to bring an individual in for multiple training sessions, thus reducing the costs to both agencies. The City Manager stated there is no licensed boiler operator at the Swim Center or Bogert Pool, so the staff has obtained a proposal for maintenance of those boilers, at a cost of $3,200 per year. Assistant City Manager Brey characterized this as a temporary measure, noting that next year, there should be a licensed boiler operator on staff. He then indicated that staff is . continuing to pursue other alternatives for the upcoming fiscal year, in an effort to reduce the costs. Responding to comments from Assistant City Manager Brey, Mayor Stueck stated that many of the residents have indicated their interest in seeing the parks well maintained. He 07-14-97 - 16 - suggested that a city-wide park maintenance district might be an appropriate funding mechanism for this activity. City Manager Johnson distributed a calendar of events for the remainder of the budget preparation process, noting that much of the remaining schedule is dependent upon when the mill value is received. . Mayor Stueck noted that the next work session is scheduled for August 12. He then suggested that this discussion be continued to that time, due to the late hour. Commissioner Youngman suggested that the Commissioners forward any suggestions for adjustments to the budget as soon as possible, so they can be discussed at that work session. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1 ) Letter from Mike Hoey, Deputy Director of the Disaster and Emergency Services for Gallatin County, dated June 24, announcing an organizational meeting of the Local . Emergency Planning Committee (LEPC) scheduled for 7:00 p.m. on Thursday, July 24, in the Community Room of the Gallatin County Courthouse. (2) Letter from the Bozeman Public Library, dated July 1, regarding the special collection of materials dedicated to the needs of non-profit organizations. (3) Memo from Neighborhood Coordinator James Goehrung, dated July 11, forwarding this week's Traffic Watch. (4) Minutes from the Parking Commission meeting held on June 12. (5) Copy of the Yellowstone Country, Montana, newsletter dated June 1997. (6) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, July 15, in the Commission Room. . (7) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, July 15, in the Commission Room. (8) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, July 15, at the Gallatin County Courthouse. 07-14-97 -.--.". - -. . .,-----_.... - 17 - (9) The City Manager submitted his weekly report, as follows. (1) Stated that staff spent several hours preparing responses to questions and issues raised regarding the Valley West Annexation. (2) Stated that staff is working on the design of a new capital improvement program budget document. (3) Noted that he spent several hours on the proposed buy/sell for the Carnegie Building. (4) Announced that the visitors' center is to be rebid after the . documents have been revised. (5) Stated it appears negotiations with the mid-management group are nearing completion. (6) Attended the Parking Commission meeting on Thursday morning. (7) Participated in the taping of four interviews for Breakfast with the Chamber. (8) Took Planning Director Epple to the Rotary Club meeting on Tuesday. (8) Threw out the first pitch for the Babe Ruth tournament. (9) Provided an update on the installation of traffic signals at the four intersections being signalized this summer. (10) City Attorney Luwe stated he spent a substantial amount of time last week negotiating on the 9-1-1 contracts which were approved on the consent agenda. (11 ) Commissioner Frost stated he likes the improvements at the intersection of North Willson Avenue and West Mendenhall Street. . (12) Commissioner Youngman stated the last interview and reception for the new Library Director are set for Wednesday, and the selection committee is scheduled to make its decision on Thursday. ( 13) Commissioner Rudberg submitted the following. (1) Attended three baseball games this weekend, noting the good condition of the fields. (2) Attended the fundraising activities for the Bozeman Ponds this past weekend. (3) Noted that City crews are breaking open fire hydrants around town. (4) Noted that the latest edition of the newsletter for the Southwest Montana Building Industry Association shows they are working on a grant to review building requirements and processes, in an effort to identify ways in which the costs could be reduced. (5) Stated that, on behalf of the Commission, she has received a notebook containing the telephone numbers of all emergency personnel for the City. She indicated that this book . will be on file in the Clerk of the Commission's office. (14) Commissioner Rudberg forwarded her condolences to Administrative Services Director Miral Gamradt in the loss of his mother. ( 15) Commissioner Rudberg asked for clarification of issues and processes, in light of 07-14-97 --.----- -.---... -- -----------.--.----------- - 18 - recent activities. She questioned when a Commissioner may abstain from voting and what process is to be followed in setting up meetings with staff. City Attorney Luwe responded that under the Commission/Manager form of government, it takes three affirmative votes to approve or reject a motion, unless a super majority is required. He noted that one of the reasons for the requirement that each Commissioner's vote . be recorded is so that the Commissioner takes responsibility for the way in which he or she votes. He stated that no Commissioner may compel another Commissioner to vote on a specific issue. Responding to Mayor Stueck, the City Attorney stated that under a conflict of interest situation, a Commissioner is to identify that conflict and not vote. He noted, however, that in the event of a tie vote, there is a mechanism under which that Commissioner may vote in spite of the conflict. Commissioner Rudberg stated she feels a Commissioner should cast a yes or no vote unless a conflict of interest exists. Commissioner Rudberg then stated that, while she appreciates receiving notes from the . meeting held last week, at which two Commissioners and several staff people were present to discuss the Valley West Annexation, she is concerned about such meetings with staff being called by individual Commissioners without going through the City Manager. She noted that, under former City Manager Wysocki, this type of situation would not have arisen because he made it clear all contacts with staff were to go through him. During subsequent discussion, Commissioner Youngman and Commissioner Frost indicated they had each submitted questions in writing and had talked to Planning Director Epple. The Planning Director indicated that not all of the questions raised were issues to which he could respond, and he suggested that it would be most appropriate to call a meeting with all of the impacted staff members and the two Commissioners being in attendance. Commissioner Frost stated that, while he had not initially anticipated that staff members would . be involved in any meetings he had with the Planning Director, he feels the result was beneficial to everyone. ( 16) Mayor Stueck characterized last week as very busy, including attendance at the opening of Boodle's Restaurant and eye surgery. 07-14-97 - 19 - Adjournment - 6:13 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Youngman, seconded by Commissioner Frost, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Frost, Commissioner Rudberg, Commissioner Stiff and . Mayor Stueck; those voting No, none. (C)~ ~./f ~-'~ DON E. STUECK, Mayor ATTEST: rJ~ J ~ ROBIN L. SULLIVAN Clerk of the Commission . . 07-14-97