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HomeMy WebLinkAbout1996-03-11 Minutes, City Commission MINUTES OF THE WORK SESSION/AGENDA MEETING OF THE CITY COMMISSION BOZEMAN. MONTANA March 11. 1996 ********************** ******* . The Commission of the City of Bozeman met in work session and agenda meeting in the Commission Room, Municipal Building, March 11, 1996, at 3:00 p.m. Present were Mayor Stueck, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, City Manager Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan. Commissioner Stiff was absent in compliance with Section 7-3-4322(2), M.C.A. The meeting was opened with the Pledge of Allegiance and a moment of silence. Agenda Meetina - for reaular meetina to be held on March 18. 1996 Since this is an agenda meeting, only those issues requiring staff action are contained in the minutes. . City Manager Wysocki briefly reviewed the background information which was included in the Commissioners' packets. (4) Associate Planner Dean Patterson reviewed some of the issues raised at the City-County Planning Board meeting concerning this application. He noted the subject site is located 700 feet from the High School, 570 feet from one church and 1,000 feet from another church in the immediate area. He stated that concerns raised include the configuration of the parking lot; the potential that casino customers may park in front of adjacent businesses; trash; vandalism; the use of food establishments adjacent to the proposed casino by high school students; and the proximity to churches. He noted that under State law, an establishment serving alcoholic beverages may not be within 600 feet of a church, as long as it shares an address on the same street. . The Associate Planner noted that staff's initial recommendation was for denial, based on the fact that the proposed signage does not comply with either the sign code or the Design Objective Plan. He stated that, as a result of clarification, staff was able to support the application and forwarded a recommendation for approval, subject to conditions. Following its 03-11-96 . -..--.--.-.... ------.--- --- . - -- --- - ... ---.--.- - 2 - public hearing and extensive discussion about the issues listed above, the Board forwarded its unanimous recommendation for denial. Commissioner Frost asked how much control the City has over a parking lot for a mall. He expressed concern about the proposed designated parking area along the south end . of the building, particularly since it extends to the edge of one of the accesses to Main Street, all of which are located on steep hills. Commissioner Youngman characterized the parking lot as the most dysfunctional lot in Bozeman. She suggested that some type of pedestrian crossings would be beneficial. Following extensive discussion about the parking requirements for this application, the Commission asked that staff develop a possible condition pertaining to raised islands along the south ends of the parking aisles, to provide a safe crossing area for pedestrians and to delineate the parking area. The Commission also asked that the configuration of the proposed parking area at the south end of the building be reviewed by Engineering staff to ensure that it does not create access problems, because of the steep hill involved. (5) Senior Planner Dave Skelton stated that action on this preliminary plat has . been scheduled for March 18; however, he is anticipating the applicant will request an extension to April 1 prior to next week's meeting. He briefly highlighted the application and some of the issues involved, noting that this preliminary plat is for the final two phases of a 287-acre development. He stated that the Planning Board has recommended approval, sUbject to 42 conditions, designed to ensure that the development will be completed as master planned. He noted that the Planning Board eliminated a condition which would have required a 100-foot-wide buffer strip between Phase III and the City landfill, determining that the applicant's proposal is adequate. He stated that the applicant has requested a waiver from the requirement that a secondary access be provided from Phase II; and the Development Review Committee has recommended approval of the request, based on the design of the project and the topography of the area. He indicated that under Condition No. 27, the applicant is to . negotiate an acceptable trail corridor from the East Gallatin Recreation Area to the northeast corner of the property with the POST Committee and the Recreation and Parks Advisory Board. He indicated that the applicant's request to delay action on this application should allow for completing those negotiations. 03-11-96 __n_._____.__ -. ---.-- ----.-.--- ---..--.-- -~.._--~ =-- - .-.- ------. - --.. - .- - 3 - The Senior Planner encouraged the Commissioners to carefully review the letter from Mr. Keith Belden, dated March 5. He noted a substantial number of issues are raised in that letter, some of which may require discussion with the Director of Public Service. He indicated that some of the issues include requesting credits for improvements to Story Mill Road and . Mcllhattan Road and deferral of the requirement for looping of the water main for Phase II until Phase III is developed. The applicant is also raising concerns about the requirement that the sanitary sewer main be extended to the north boundary of the property. (6) The Senior Planner provided a brief background for this item, indicating that the Planning Office has received several business license applications for mobile oil and lube services under "home occupations". He stated that since this business would not be operated out of one's home, it does not qualify as a home occupation; therefore, the Planning Director has denied the applications. He stated that the Director is now seeking a Commission classification of the use, as provided in the zone code. Commissioner Youngman asked how much noise this service would create, particularly since one of the supporting documents references use of a pump and generator. . She noted her sensitivity to this issue, since noise seems to be one of the major complaints from residential neighborhoods. She also indicated an interest in receiving pUblic input on this issue at next week's meeting. The Senior Planner suggested that the Commission may wish to establish parameters for this type of operation, if it is determined appropriate, to ensure that impacts on neighborhoods are minimized. He noted that this could also alleviate potential problems from the use expanding after it is initially approved. Commissioner Rudberg forwarded concerns about liability, and who would be liable for clean-up of any spill which might occur. Mayor Stueck asked about the possibility of requiring a liability insurance certificate with each renewal of the business license, to ensure that clean-up of any spills will be . undertaken. City Attorney Luwe reminded the Commission of the criteria for making a determination on classification of use, as contained in the zone code. He further reminded the Commissioners that if they determine this use is not the same as or similar to a home 03-11-96 - 4 - occupation, the applicant may seek a zone code amendment, or the Commission may direct staff to proceed with a zone code amendment to address this issue. Responding to Commissioner Frost, the City Manager stated that if an oil spill were to enter the City's storm sewer and subsequently the East Gallatin River, then the City would . become partially responsible for clean-up, similar to the Bozeman Solvent Site situation. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Copy of a letter from Chad Groth, 701 South Willson Avenue, dated March 5, 1996, to Assistant City Manager Brey thanking him for prompt action on the sound system in the Commission Room. (2) Copy of the notice soliciting public comment on the proposed speed limit changes on East Main Street. (3) Listing of the illegal signs which have been identified in the community. . The City Manager recognized that this listing does not include those signs for which permits have been issued in the past that do not meet the current code requirements. (4) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, March 12, in the Commission Room. (5) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, March 12, in the Commission Room. (6) Commissioner Frost stated that he attended the Bozeman Area Bicycle Advisory Board meeting last week. (7) City Attorney Luwe stated that his staff attorneys will be devoting their time to addressing the backlog of criminal cases in City Court over the next two months. He cautioned that this could result in a slower turn-around time for departmental requests to his . office. (8) Mayor Stueck stated that he attended a meeting of the steering committee for the next focus group meeting, which has been scheduled for March 28 at the Museum of the Rockies. 03-11-96 ----------- ..-.-.--.... ....______. ...._n___ .- - 5 - (9) The City Manager submitted his weekly report, as follows. (1) Noted that staff is closely monitoring the water levels in creeks and ditches. (2) Announced that South 11 th Avenue has been closed between West Cleveland Street and West Grant Street, and is scheduled for reopening in August. (3) Announced that two small water revenue bond issues . have been refinanced, lowering the interest rates from 7.23 percent to 4.9 percent. (4) Announced that the Interagency Breakfast meeting has been scheduled for 7:00 a.m. on Wednesday, March 20, at Fat Boys Bar-B-Q. (10) Mayor Stueck announced that Gene Brodeur has requested a Commissioner participate on a panel to discuss growth at MSU on Thursday, and asked that any interested Commissioners contact him following the meeting. (11 ) The City Manager distributed copies of a letter from the Government Finance Officers' Association, dated March 8, 1996, announcing that the City has received the Distingu,ished Budget Presentation Award for the current year. Work Session - (A) Discussion re dog problems in community: (B) Staf f update re . implementation of impact fees: (C) Discussion - establishment of policv that three unexcused absences creates vacancy on advisory board and/or commission. boards without applicants. and length of time application will be considered active: and (D) Meeting with Cemetery Board (A) Discussion re dog problems in community The City Manager distributed copies of a memo from Mr. Carroll Henderson, Chair of the Cemetery Board, forwarding concerns about dogs in the cemetery; Chapter 2.76 of the Bozeman Municipal Code, regarding operation of the cemetery; Chapter 6.04 of the Bozeman Municipal Code, regarding animal control; and Section 12.26.030 of the Bozeman Municipal Code, pertaining to parks. He noted that several different issues have been raised, including dogs on the ski tracks in the park and the cemetery and dogs on Main Street. The City Manager highlighted some of the pertinent provisions in each of the code sections. He noted that under the animal control ordinance, the definition of "at large" requires . that an animal be under the leash control of a competent person if it is off the premises of the owner. He stated that under the park ordinance. a dog or other domestic animal must be kept on a leash and, further, the owner or person having custody of that animal must remove and properly dispose of the animal's solid waste. He noted this is the only section of the code that requires removal of the excrement. 03-11-96 ~ . ----.-. - 6 - The City Manager stated that, under the ordinances as written, animals may not be unattended. He suggested that the addition of a statement in the animal control ordinance which indicates that no animal may be unattended in the public right~of-way could alleviate some of the problems encountered in the downtown area. . Responding to Mayor Stueck, the City Manager stated that under State statutes, the cemetery may be identified as a park. Mayor Stueck suggested the possibility of revising the ordinance to prohibit dogs in the cemetery and on Main Street. Responding to Commissioner Frost, City Attorney Luwe indicated that an animal at large is a misdemeanor offense, which is subject to a fine of not more than $500 and/or six months in jail. He stated that, as a practical matter, the fine is much lower than that and, if the Commission chooses, it may establish a minimum fine. Commissioner Frost noted that in some of the major cities, failure to curb a dog (clean up after it) is subject to a fine of $100 to $200. He suggested that if a fine were created and posted, many pet owners would accept the responsibility of cleaning up after their animals. . Commissioner Rudberg stated she feels it would be appropriate to prohibit dogs from the cemetery. Following discussion, a majority of the Commissioners agreed. Commissioner Rudberg stated she also does not feel it is appropriate to have dogs on Main Street, particularly when they are tied to a meter post with a 10-foot-long leash. Following discussion, the Commissioners determined it would be appropriate to allow dogs on Main Street, as long as they are in the leash control of a competent person and as long as the owners clean up after them. City Attorney Luwe noted that many of the issues raised revolve around enforcement of the existing ordinance. He indicated that the animal control ordinance is currently being revised to address exotic animals; and if the Commission wishes to make revisions to the existing ordinance, he will incorporate those changes into the revised ordinance. . The City Manager asked if the Commissioners wish to incorporate the requirement that pet owners clean up after their animals in the animal control ordinance. Commissioner Frost expressed his interest in including the wording from the park ordinance in the animal control ordinance. A majority of the Commissioners concurred. 03-11-96 ---.--.-- - 7 - Responding to Commissioner Rudberg, the City Manager stated that the Animal Control Officer does patrol the community in addition to responding to complaints. He suggested that the parking attendant could also write citations for animals at large in the downtown area, which could possibly alleviate some of the problems. . Commissioner Youngman stated that she has been approached about the possibility of designating an area where dogs would be allowed to run free, rather than being controlled on a leash at all times; and the place suggested was Burke Park. She noted that Central Park in New York City has a fenced area in which dogs are allowed to run free; and she feels it would be appropriate to consider providing a similar area in Bozeman, although not fenced. Commissioner Rudberg stated that dogs in the Peet's Hill area create a major problem, particularly when owners do not clean up after them. Commissioner Youngman stated that the pet owners would still be responsible for cleaning up after their animals, even if they were allowed to run free in a specified area. City Attorney asked the Commissioners if they wish to set a minimum penalty. He also asked if they wish to expand the definition of "at large" to include an exception for animals . which are obviously in training for voice command. Following a brief discussion, the City Attorney indicated that he will draft proposed language for the Commission's consideration. Commissioner Youngman suggested that brochures on pet owners' responsibilities, which could be distributed when conducting the door-to-door canvas or when pet licenses are issued, would help to alleviate many of the problems which have been identified. (8) Staff update re implementation of impact fees Associate Planner Chris Saunders provided the staff update on implementation of impact fees. He reviewed the list of staff members serving on the implementation committee, noting that the committee has reviewed and revised the draft manuals; and they are now nearly complete. He indicated that the policies and procedures are near completion, and should be . in final form prior to the March 23 implementation date. He also indicated that the staff is to receive its training on March 18 and 19, as a part of the contract with the consultant. At that time, the final revisions are to be made to the draft manuals. The Associate Planner stated that the delayed implementation date, to soften the impacts on developers and property owners, has apparently worked. He noted that the latest 03~11-96 ____ ________.m.____ ---.......-- ---.---.-. -.---......-. ..- - 8 - report prepared by the Building Inspection Department shows that in 1995, 58 permits had been issued to date; this year, 80 permits have been issued. Also, the number of housing units permitted, for the year to date, has increased from 13 last year to 39 this year. Associate Planner Saunders stated that one of the main questions raised to date is . the role of credits in an impact fee program. He reviewed how the credits are to be calculated and applied. He stated the consultant has repeatedly stressed that impact fees are a regulatory device to help implement what is contained in the master plan and development pOlicy for the City. He noted that credits are a part of the process, but they are strictly an option. The consultant has recommended that, rather than providing an option for cash refund of excess credits, the City should simply issue a credit that may be used for a future project. The Associate Planner noted that improvements which are directly attributable to a specific project are not eligible for credits. He noted, rather, that only those off~site projects which are contained in the capital improvement program are eligible. He stated the consultant is suggesting that the Commission limit the eligible projects to those which are to be installed within the next five years, to ensure that the impact fees promote development as identified . in the master plan and development policy. He indicated that this provision allows the City to direct development in the community. He noted that since the capital improvement program is to be updated on an annual basis, the Commission would be able to address any changes in infrastructure needs as a result of development. Responding to Mayor Stueck, the Associate Planner stated that subdivisions must be improved within five years of preliminary plat approval, if two extensions have been approved. He noted the five-year period ensures that major shifts in development and attendant infrastructure needs are more readily identified and addressed than a ten-year or twenty-year period would provide. Further responding to Mayor Stueck, the Associate Planner stated that Administrative Services Director Gamradt has indicated tracking of the impact fee revenues can be adequately . addressed, to ensure that they are spent within the mandated ten-year period. He further noted that since impact fee revenues are spent on a first in, first out basis, no problems should be encountered. City Manager Wysocki noted that large unanticipated projects, such as construction of new schools and post offices, can dramatically alter the infrastructure needs of the 03-11-96 --~--_._. ~_.- - 9 - community. He indicated that with a five~year capital improvements plan which is reviewed annually, those changes can be addressed. Associate Planner Saunders distributed copies of a graph to the Commission showing the difference in revenues generated from the impact fees for water versus the actual costs. . He suggested that, since the impact fees are set at 35 percent of the actual identified costs, it will not be difficult to spend the impact fee revenues on needed infrastructure improvements. The Commission thanked Associate Planner Saunders for the update. (C) Discussion - establishment of policy that three unexcused absences creates vacancy on advisory board and/or commission, boards without applicants, and length of time application will be considered as active Commissioner Youngman suggested that, based on minutes from the previous discussion on this issue, the following topics be added to the discussion: not readvertising every time a vacancy occurs and including a box on the applications which an applicant may mark if he/she is interested in serving on other boards or commissions. Length of time application will be considered as active. After reviewing the statement . at the bottom of the application form and the letter which is sent to unsuccessful applicants, Commissioner Youngman proposed that a box be added to the bottom of the application with the statement "Check if you want this application to be considered for a full year." The Commission concurred. Establishment of policy that three unexcused absences creates vacancy on board/commission. Mayor Stueck noted that some of the boards have provided feedback to him that this is a good idea. He indicated that it will be the Chair's responsibility to notify the Commission that a member of the committee has three unexcused absences and request that the position be filled. He noted that if the committee does not have a problem with unexcused absences, the committee has no by-laws to address the issue, and the Chair does not notify the Commission, then a vacancy does not exist on the committee. . Commissioner Frost stated he feels it is appropriate to allow the Chair to determine if a problem exists. He suggested another option might be for the Chair to ask a member who has unexcused absences whether he or she is interested in continuing to serve or wants to be replaced. 03-11-96 -----..-.---- - 10 - Following discussion, the Commissioners concurred it would be appropriate to establish a policy that three unexcused absences within a one-year period constitutes a vacancy on the board if the Chair forwards the information to the Commission and requests that the position be filled. . Not readvertising every time a vacancy occurs. Commissioner Youngman noted that the Commission previously discussed the possibility of not readvertising every time a vacancy occurs on a board or commission if there are adequate applications on file from which to choose. The City Manager suggested that the Clerk be directed to advertise once a year for applicants for the various boards and commissions. Commissioner Frost suggested that the openings be advertised twice a year, in light of the staggered terms. Mayor Stueck asked if the Commission should establish a pOlicy concerning residency. He noted that at the present time, some individuals who live well outside city limits or in other communities currently serve on some of Bozeman's boards and commissions. He noted that . the County Commission's recent problems with appointments to the City-County Planning Board have raised awareness of this issue. Commissioner Rudberg expressed her concern about having someone from outside the city limits act on use of monies from the City's general fund. Commissioner Youngman stated that the mix of city and county residents has seemed to work well on the boards to which she has served as liaison. She further noted that many businessmen in Bozeman live within the jurisdictional area; and allowing them to serve on boards and commissions allows them to become involved in the City's operations. She recognized the importance of ensuring that a majority of those serving on a board or commission are city residents; however, she noted that anyone who works in Bozeman may have an interest in the community. . City Manager Wysocki suggested the Commission may wish to require that a super- majority of the members reside within the city limits. Responding to Mayor Stueck, Commissioner Youngman stated that county residents currently serve on the library Board of Trustees. She noted that their strong interest in the 03-11-96 - -... - 11 - library overrides any potential conflict that could result from the disparity in City and County funding. Following discussion, a majority of the Commission concurred that requiring a majority of board members live within the city limits, unless otherwise required under State statute, is . appropriate. City Manager Wysocki reminded the Commission that the possibility of changing the terms of appointments was discussed, to avoid having terms end in December. The Commissioners recognized that having terms begin in the fall, some time between September 1 and October 31, would be better. City Manager Wysocki suggested that the Mayor send a letter to all of the boards and commissions, outlining several of the items which have been discussed, and asking for a reaction to the proposed October expiration date. Commissioner Rudberg recognized the important role which boards serve. She also stressed the importance of the Commission communicating with those boards, possibly through meeting with them at least once annually. . Commissioner Frost stated that he feels the boards share some responsibility in ensuring that a line of communication is maintained; and that could be easily accomplished by simply forwarding a copy of the notes or minutes from their meetings to the Commission. Commissioner Frost noted that former Commissioner Beverly Knapp organized a social each fall to recognize the volunteers on the City's boards and commissions; and it was well attended and appreciated. (D) Meeting with Cemetery Board City Manager Wysocki announced that Mr. Carroll Henderson, Chair of the Cemetery Board, has requested that this meeting be delayed for two weeks, due to a scheduling conflict. He then distributed copies of Commission Resolution No. 2597, which provides that 15 percent of the maintenance fee be deposited in the Cemetery Perpetual Care Trust Fund and 85 percent . be deposited in the General Fund to defray the costs of maintaining the cemetery. Adjournment - 5:35 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 03-11~96 ..-.- ---- - 12 - adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none. . Ud\-t L~~ DON E. STUECK, Mayor ATTEST: ~y~ ROBIN L. SULLIVAN Clerk of the Commission . . 03-11-96