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HomeMy WebLinkAbout1997-02-10 Minutes, City Commission --------.. - MINUTES OF THE WORK SESSION/AGENDA MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA February 10, 1997 ***************************** . The Commission of the City of Bozeman met in work session and agenda meeting in the Commission Room, Municipal Building, February 10, 1997, at 3:00 p.m. Present were Mayor Stueck, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman, Acting City Manager Brey, City Attorney Luwe, Clerk of the Commission Sullivan and Deputy Clerk of the Commission Erlandson. Commissioner Rudberg's comments were relayed through her husband, Don Rudberg, due to her inability to speak because of recent surgery. The meeting was opened with the Pledge of Allegiance and a moment of silence. Agenda Meeting - for regular meetina and Dublic hearings to be held on Februarv 18. 1997 Since this is an agenda meeting, only those issues requiring staff action are contained . in the minutes. Acting City Manager Brey briefly reviewed the background information which was included in the Commissioners' packets. 4) and 5) Project Planner Christopher Williams distributed copies of Senate Bill No. 294, concerning casino legislation. He said this bill, if passed, will provide that five video gambling machines on the premises will automatically qualify a business as a casino. The Planner noted the City-County Planning Board recommended that the number of machines be reduced, but has not recommended a specific number. He said that the casino floating district prohibits casinos from being in a residential district. The Planner then reviewed the provisions for the proposed casino overlay district, noting it is intended to limit the locations where . casinos may be located, including closing of the loophole in State law to bar them from being within six hundred feet in any direction from places such as churches, residences, and parks. In response to Commissioner Stiff, the Planner said a business now having between five and fourteen machines may be advertised as a casino and would be classified as a casino if the number is reduced to five. 02-10-97 --.-------..- ..-... ~ 2 ~ Further responding to Commissioner Stiff, Acting City Manager Brey commented that any business having more than the number of machines defining a casino will be a legal non- conforming use and must go through the CUP process to add machines. He indicated that whether adding "casino" to the business name will trigger the CUP process is an issue that will . require some research. Responding to Commissioner Stiff, City Attorney Luwe recognized there is always a potential for a lawsuit when passing an ordinance, but this proposed ordinance is consistent with past practice. City Attorney Luwe noted that the zone code amendments will be voted on separately next week, following which he will put together an ordinance combining the two amendments for Commission consideration. He asked that the Commissioners all consider a short extension on the casino moratorium because the current moratorium will expire on April 1. Responding to Mayor Stueck, City Attorney Luwe said there will be a period of time between the Commission's decision and the effective date of the ordinance since the moratorium does not cover the number of machines a business may have. . 13b} Commissioner Stiff requested that this item be placed on the discussion instead of the Consent agenda, for this meeting and in the future. 13d) Mayor Stueck requested more information on this item, saying he may be able to get his questions answered prior to next week's meeting. 17) Assistant Planner Chris Saunders reviewed this application, highlighting the content of this staff report. The Planner noted that a zone map amendment is not yet being processed but will be forthcoming. He stated that, under the new annexation policy, the City establishes the original zoning designation. In response to Commissioner Stiff, Planner Saunders noted there is some misunderstanding about the westward extension of Kagy Boulevard, particularly since two . maps show different alignments. Planning Director Epple stated the applicant is aware of this issue and is willing to work with staff. (18) Assistant Planner Chris Saunders gave an overview of the staff report, noting that the Master Plan Amendment covers nearly a quarter section. Responding to Commissioner Frost as to a size comparison, the Planner estimated that 02-10-97 - 3 - University Square Shopping Center is about 23 acres. 19) Assistant Planning Director Debbie Arkell said this proposal is to rescind the current Bozeman Area Subdivision Regulations and adopt new area subdivision regulations that are in compliance with the Montana Subdivision and Platting Act as amended by the 1995 . legislature. The Assistant Planning Director said the proposed document was sent to a number of engineers, surveyors and others and that, subsequent to the preparation of her staff report, she received comments from the City Engineer and Director of Public Service, and this week she will receive comments from the City Attorney. She indicated that those proposed changes will be submitted to the Commission for consideration at next week's public hearing. The Assistant Planning Director also said that a "clean document" will also be included in the Commissioners' packets, which will include all proposed changes, except for the City Attorney's. Responding to the Assistant Planning Director, the Commissioners asked that at next week's hearing she cover the major changes and be prepared to respond to questions rather . than reviewing the changes in detail. Responding to Commissioner Frost, the Assistant Planning Director stated that hopefully in the future this document can be more easily and quickly updated. 20) Planning Director Andy Epple provided an overview of the appeal filed by the Bozeman Daily Chronicle for its new building on West College Street. He stated that, since a corner of the lot is located in the West Main Street entryway corridor, the building is subject to the Design Objective Plans and Design Review Board review and approval. The Planning Director stated that, subsequent to approval of the plans, the applicant requested authorization to reduce the size of the building by removing fourteen feet from the west end and authorization to substitute vertical metal siding for the Dry-vit type material. The Design Review Board reviewed these requests and approved reduction of the size of the building but . did not approve the vertical metal siding, which is the basis of this appeal. Responding to Commissioner Stiff, Planning Director Epple indicated that the building, as approved, is over budget and the Chronicle is taking steps to bring it within budget. 02-1 0~97 - 4 - Work Session - (A) Presentation of MDT's reDort on the sDeed studY investigation of 19th Avenue from Sorinahill Road to Kaav Boulevard (B) Continued discussion - selection Drocess for City Manaaer Dosition (C) Discussion - direction to staff re leaislative testimony (A) Presentation of MDT's report on the speed study investigation of 19th Avenue from Springhill Road to Kagy Boulevard. Included in the Commissioners' packets was a copy of the memo from Donald Dusek, . Traffic Engineer, to Jason Giard, District Administrator in Butte, dated November 26, 1996, forwarding recommendations for speed limits on 19th Avenue between Springhill Road and Kagy Boulevard. Mr. Rob Bukvich, Director of the Bozeman office, stated that, as a result of traffic data collected in 1995 and 1996, the following speed limits are recommended: 55 miles per hour from Springhill Road to 100 feet north of West Oak Street; 45 miles per hour from 100 feet north of West Oak Street to 100 feet north of Durston Road; 35 miles per hour from 100 feet north of Durston Road to West College Street; and 45 miles per hour from West College Street to Kagy Boulevard. . Mayor Stueck asked if the relocation of Buttreys has been taken into consideration, particularly since residents in the area will now shop at Town & Country grocery. Mr. Bukvich responded that it has not. He noted, however, that the data reflects that 85% of the vehicles currently travel at the speed recommended. He then stressed the importance of considering crosswalks and possible crossing guards at West Beall Street, particularly since expansion of the road from two lanes to four lanes is anticipated as early as this summer. Responding to Commissioner Frost, Mr. Bukvich stated the City now has sixty days in which to forward its comments. He said that for the Transportation Commission to act on the speed limits at its May meeting, the City's response will be needed by the end of March, or earlier if possible. Mayor Stueck noted his concern for the traffic and pedestrians between Durston Road . and West Main Street, stating he would like to see the speed limit at 25 miles per hour in that area. Commissioner Rudberg said she has strong objections to the 35 miles per hour zone between Durston Road and West Main Street, particularly since many children and many elderly folk cross the roadway in that area. She also noted her concern about the lack of visibility on 02-10-97 -------- ..... - 5 - North 19th Avenue between Durston Road and West Main Street because of the snow berm in the center of the roadway. Mr. Rob Bukvich stated that the cycles on the traffic signals at West Main Street and Durston Road could be lengthened to allow more time for pedestrian crossing. He reiterated . the need for striping of crosswalks at West Beall Street. Commissioner Youngman forwarded her opinion that the speed limit should be dropped to 35 miles per hour at West Oak Street because of residential areas on both sides of the roadway and to alert drivers to the fact that they are approaching an urban setting. (8) Continued discussion - selection process for City Manager position. Acting City Manager Brey referenced a memo from Personnel Director Pattie Berg, forwarding information on the hiring processess of MSU, the Chamber of Commerce, the City of Billings, and the Hospital, all of whom have recently hired top administrators from a large field of applicants. Distributed just prior to the meeting was additional information on the City of Billings' hiring process, and the School District's hiring process. Commissioner Rudberg expressed her grave concerns about publicly discussing the . hiring process because of the potential of an applicant garnering information that would allow for tailoring of the resume. She expressed concern that this could result in a playing field that is not level, noting that could lead to legal action against the City. Acting City Manager Brey stressed that, at the present time, the documents surrounding the selection process are "working documents", and will not be released until after they have been finalized. He suggested that any conversations prior to the deadline for applications be limited to the selection process only, although Commissioners are encouraged to forward any comments regarding any of the forms to the Clerk of the Commission at any time. City Attorney Luwe suggested that the Commissioners complete their selection . process and develop the evaluation form after the deadline for applications, thus avoiding any potential for establishing an undue advantage for some applicants. He stressed the fact that a selection process and an evaluation form that are acceptable to each Commissioner be developed and that these tools be uniformly applied by each Commissioner to each application. Responding to Commissioner Rudberg, Acting City Manager Brey concurred that consistency is essential throughout the screening process. 02-10-97 u"...__. - 6 - Commissioner Youngman stated she feels the evaluation form should be comprehensive enough to include the various items contained in the job description, recognizing that some of those items are more important to some Commissioners than to others. She concurred that the form should be simple and easy to use. . Commissioner Youngman stated she feels representatives of the public should be involved early in the selection process, not just during the final stage. Commissioner Rudberg characterized the City Manager position as the "Chief Operating Officer" of the City and stressed that the Commission has the hiring and decision making authority for that position, and should be responsible for screening and evaluating to the point of picking five finalists. Responding to Mayor Stueck, Executive Director of the Bozeman Area Chamber of Commerce David Smith said if the Chamber is to be involved in the selection process, he does not want to "deal with twenty-five applicants". Commissioner Stiff expressed concern that in the last two hiring processes, the public "stayed away in hordes". Personnel Director Pattie Berg responded by stating that steps should e be taken to encourage public participation when offered. Commissioner Frost stated that, while the decision is strictly the Commission's, he feels that pUblic input at the appropriate time is important. Commissioner Stiff said he is concerned about having staff involved in the screening process. Following additional discussion on the selection process, Acting City Manager Brey indicated this item will be placed on the March 3 agenda for further discussion and development of the selection process and the evaluation form. (C) Discussion - direction to staff re legislative testimony. Included in the packet was a memo from Alec Hansen, Executive Director of the Montana League of Cities and Town, dated February 6, forwarding copies of the bills awaiting . action by the Legislature. Distributed before the meeting was a memo from the Acting City Manager, dated February 6, including materials on legislative testimony; an article from The Billings Gazette on gaming; and a copy of Senate Bill No. 294. Acting City Manager Ron Brey noted that legislative issues are beginning to pick up steam, with staff receiving requests to testify in support of or in opposition to various bills. 02-10-97 - 7 - He said that some hearing notifications provide a very short turn-around time and, while the Commission has identified its position on the issues, a particular bill presented for hearing may have been amended so much that it is out of sync with the original Commission understanding. The Acting City Manager ryoted that it is important for the City to register its position . on specific bills, but that he has a hard time reaching all the Commissioners at short notice. The Acting City Manager briefly reviewed the twenty-five resolutions adopted by the League at its annual conference. In that review, he noted that Resolution No. 14, which provides for elimination of binding arbitration for firefighters, has been amended in the bill introduced to also eliminate the no-strike clause, significantly changing the proposed legislation to the point that the League now opposes it. As a result of the review, the Commission reaffirmed its support of the League resolutions. The Acting City Manager then briefly reviewed the bills identified by Gallatin Council of Governments, after which the Commission reaffirmed its support. City Attorney Luwe remarked that the State seems to be trying to take away local authority in many of the bills introduced to date. . Acting City Manager Brey cited several new bills which have been recently introduced for which Commission positions have not been sought. He briefly highlighted some of those, forwarding staff's position on each. He then stated that, to date, staff has used the Mayor as a clearing house to obtain Commission input because of the short turn-around times, and asked if the Commissioners are comfortable with continuing that process. A majority of the Commissioners concurred that this is acceptable. The Acting City Manager highlighted the information contained in Alec Hansen's update of February 6. Acting City Manager Brey stated that discussions and updates on legislative issues will be placed on every agenda for the remainder of the legislative session. . Discussion w FYI Items Acting City Manager Brey presented to the Commission the following "For Your Information items. (1 ) Letter, dated February 4, from Neighborhood Coordinator James Goehrung, noting his appreciation of Commission support for the lead agency energy grant for Rebuild 02-1 0~97 ---- ---.- ,.--.. . ---..----- - 8 - America. (2) Final List of Goals for Fiscal Year 1997-1998, from Clerk of the Commission Sullivan. (3) Notice of February 12 meeting date of Headwaters Cooperative Recycling . Project; and including an announcement of a March 5 meeting that will focus on establishing local uses for recycling glass in the Headwater's Project region. (4) Copy of a notice of meeting on February 13, at 2:00 p.m., of the Cemetery Board of Trustees. (5) Minutes of the meeting of the EPSC, on January 21. , (6) Agenda for the Gallatin County Commission, to be held at 1 :30 p.m. on February 11 in the Courthouse Community Room. (7) Agenda for the Development Review Committee, to be held at 10:00 a.m. on February 11 in the Commission Room. (8) Agenda for the Design Review Board meeting, to be held at 3:00 p.m. on February 11 in the Commission Room. . Adjournment - 6:00 p.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 Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. (_0t/}f L ~~ DON E. STUECK, Mayor . ATTEST: . a~ fl ,~y~dntIA- GilLIAN Z. ERLANDSON Deputy Clerk of the Commission 02-10-97 ----- ..- ----- -.- -..---.---