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HomeMy WebLinkAbout1994-03-14 ccm MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA March 14, 1994 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, March 14, 1994, at 3:30 p.m. Present were Mayor Vincent, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost, City Manager Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Mayor Vincent asked if any of the Commissioners wished to remove any of the Consent Items for discussion. City Manager Wysocki requested that the Certificate of Appropriateness to allow an accessory building at the new First Security Bank drive-in facility be removed for discussion. Minutes - March 7. 1994 . Mayor Vincent stated he has received a request to defer action on the minutes of the regular meeting of March 7, 1994, for a period of one week to allow staff to prepare revisions for Commission consideration. Reauest for extension of City water and sewer services to the Fort Ellis Leisure C.ommunitv - Planned DeveloDment. Inc. (Bozeman Trail Road/Canarv Lane) Included in the Commissioners' packets was a memo from City Engineer Craig Brawner, dated February 22, forwarding staff comments on this request for extension of City water and sewer services outside city limits, along with a letter from Joe Sabol, attorney representing the applicant, dated March 10, 1994. Ms. Nadia Beiser, partner in Planned Development, Inc., stated her company proposes . to construct the extensions of the City's water and sewer mains from their present terminuses to the Fort Ellis Leisure Community at their own expense. She stated that the preliminary feasibility studies have been completed; and those studies indicate that those connections to City services are possible. 03-14-94 ~ 2 - Ms. Beiser reminded the Commission that last fall, the Development Review Committee, Design Review Board, City-County Planning Board and City Commission reviewed the concept plan for the Fort Ellis Leisure Community and forwarded comments, which reflected support for the project. She noted that subsequently, the Commission approved a . zone map amendment to change the zoning from A-S, Agricultural Suburban, to R-S, Residential Suburban, to accommodate the density of clustered development which they are proposing. She reminded the Commission that under their proposal, more than one-half of the property will remain in open space, with the remainder containing clustered housing developments. Ms. Beiser stated that during review of the concept plan, concerns were forwarded about traffic impacts, affordable housing and, most universally, concern about any potential for degradation of the groundwater quality and quantity. She stated that her consulting engineering firm has gathered soil samples and well information and analyzed the test results. She stated that, based on that information, on-site septic disposal and well systems can safely be installed. She stated, however, that connecting to the municipal water and sewer systems . would completely avoid any potential for environmental degradation or depletion of existing water resources. She noted that an additional benefit is that if the septic systems for any of the residences located in the subdivisions along the main extensions fail, the property owners would be able to ask the City for permission to tie into the municipal sewer system; and that would further help to prevent potential water quality degradation. Ms. Nadia Beiser stated that her company has continued with its plans for development of the subject site, based on the comments received during the concept plan review process. She stated that if on~site septic and well systems are to be installed, they will be in compliance with the strict environmental regulations which Montana has implemented. Also, the systems will be developed to serve the entire development, rather than having smaller septic systems as originally proposed. She emphasized that it is difficult to proceed any further . with plans until a decision is made on this request, because that will dramatically impact how the engineering firm proceeds with its plans. Ms. Beiser reiterated her company's intent to pay all of the costs associated with extending the City water and sewer lines into the subject site, which is located in the urban growth area. She stated those costs include design, engineering review and construction of 03-14-94 - 3 - the extensions to connect the subject development to municipal water and sewer as well as the costs for upgrading the existing system to accommodate connections for the proposed development. She further stated that these main extensions will become City property upon completion, noting that the fees which residents in her company's development pay for the . water and sewer services will provide revenues for maintenance of the system. Ms. Beiser stated that a signed waiver of right to protest future annexation was submitted with the formal application for water and sewer service, since that is one of the requirements for connecting to City services. She then reviewed several goals contained in the master plan, stating that this application meets Goal Nos. IV.G.1.a., d. and e., on Page 52, and Goal Nos. IV.G.3., IV.G.4., and IV.G.5. on Page 53. Ms. Beiser concluded her presentation by reaffirming that this request provides environmental benefits to the area and is in compliance with the master plan, and that her company is willing to bear, at their sole expense, the costs of extending the water and sewer lines. Mr. Jack Schunke, Morrison-Maierle, consulting engineer, stated his firm did a . feasibility study in which they looked at the capacity of the off-site lines to determine their adequacy and found a couple of bottlenecks that need to be enlarged to provide service to the subject site. He characterized the distances for enlarging of the lines as being short. He stated that the sewer service to the site is to be gravity flow, with no lift stations being required. He stated that it may be necessary to install a booster station for the water lines, to ensure that adequate pressure is provided. Mr. Schunke stated the benefits of approving this request include the fact that the water lines would be looped. He also noted that using City services instead of on-site services ensures environmental protection. He then stated that more in-depth engineering will be dependent upon the City's decision because of the costs involved. Planning Director Andy Epple characterized this as a very, very complex issue, noting . it involves a proposal to extend City services to the outer limit of the 20-year growth area boundary. He noted that on one hand, this would advance many of the environmental and water degradation goals and objectives in the master plan, as Ms. Beiser stated. On the other hand, however, the master plan also talks in terms of timing and programming of these types of improvements. He further noted that extending the City services to the subject property 03-14-94 .4- would encourage development of a substantial amount of vacant land located between the current city limits and the subject site. The Planning Director stated that if City services are extended as proposed, it will have an impact on the capacity of the waste water treatment plant. He stated that under the . R-S zoning, a total of 180 units could be developed on the subject acreage. Also, the applicant has the option of seeking an urban density zoning, which would allow an even greater number of units. Planning Director Epple reminded the Commission that when the Billion Plaza development was approved, it was with the stipulation that the on-site central water and sewer systems be constructed in such a way that they could easily be connected to the City services when they are extended that far. Director of Public Service Phill Forbes stated that HKM has been retained to update the water and sewer facilities plans; and that process is in the very early stages. He stated that one of the elements to be reviewed is the service area to be serviced by each of these services, emphasizing the fact that they are two separate and distinct systems. He noted that . there is adequate capacity in each of the systems to accommodate this proposed project; however, he questioned whether there would be enough capacity to serve all of the properties lying between the city limits and the subject site as well. The Director of Public Service suggested that extending City services to the outer boundary of the growth area is a little out of order with the concept of orderly growth of the city. He noted there are properties lying well within the existing sewer service area that anticipate such services will be available. Director Forbes noted that Mr. Schunke had indicated no lift stations will be required. He stated that there is an existing lift station in the Burrup Annexation that will be utilized, noting that no additional lift stations are proposed. Director of Public Service Forbes characterized this proposal as "too good to be true", . in light of the enormous expense that will be involved in extending the water and sewer lines to the subject property. He suggested that incremental extensions of those facilities seems to be contemplated in the master plan. Director Forbes then asked the applicant if the ramifications of looping the water 03-14-94 - 5 - system have been calculated into the financial picture, noting that the immediate looping of the water lines is a City policy. Responding to Commissioner Stueck, the Planning Director stated that the application forwarded by Mr. Billion for Billion Plaza did not include a request to connect to City services. :. Further responding to Commissioner Stueck, the Director of Public Service stated it will be necessary to cross the interstate with the water main. He stated this could be accomplished by running the line along Fort Ellis Road, under the interstate, or through a jack and bore somewhere along the interstate. Responding to questions from Commissioner Frost, the Director of Public Service stated that the projected flows from this development were added to the computer model which shows the conditions which existed in 1988; and the computer model indicated that this area could be serviced, except for two bottlenecks. He stated that reflects only the situation in the piping system from the subject property to the plant, and does not include the impacts it might have on other properties in the service area, including those lands which have been annexed but are currently undeveloped which might later connect to the same line. . Director of Public Service Forbes then addressed the capacity of the waste water treatment plant. He stated that, while the plant was designed overall to serve a greater population than it presently serves, some of the hydraulic elements are now reaching capacity, such as the sludge holding ponds and the primary clarifiers. He also noted that the amount of inflow and infiltration into the system needs to be addressed. He further indicated that, because of weather conditions, like those encountered last summer with the substantial amount of rain received, linking the capacity of the plant to population can become extremely difficult. Responding to Commissioner Frost, the Director stated that while the computer model used contains 1988 data, he does not feel there has been a substantial amount of growth which would contribute to the lines that are impacted by this proposed development. Responding to Commissioner Youngman, the Director stated that looping of the water . line would include extending the Burrup line to the subject site, then south to Kagy Boulevard and then west to Highland Boulevard. He noted this will result in service being made available to an enormous amount of undeveloped land. Responding to additional questions from Commissioner Youngman, Planning Director Epple stated that the 20-year growth projections are based on an average of what has occurred 03-14-94 ~--_., . -' -- -.....- - '"'".-" '-', ,-' - --. ..-....,.- - 6 - in the past, rather than on the growth which has been seen in the past couple of years. He then concurred with the Director of Public Service that not much growth has occurred on this side of town; but the bulk of the growth has occurred in the northwest sector. Commissioner Youngman noted that the extension of City services tends to encourage . growth in an area. She then asked if the City could accommodate growth along this southeast side of the community. Planning Director Epple stated that transportation is one of the key issues to be addressed. He noted that there is a perception that Bozeman Trail Road and Kagy Boulevard are functioning worse than they really are, noting that they can handle considerable more traffic. He stated that when these roads are coupled with Fort Ellis Road and Highway 10, there is already an optimum transportation system available. He stated, however, the intersections of Haggerty Lane and Highland Boulevard with East Main Street are difficult intersections. He noted that traveling from the subject site to the University could be easily accommodated with the existing transportation system. The Planning Director reminded the Commission of the R-S zoning designation on the . subject parcel, which is not prime agricultural land. He further noted that impacts on schools will exist no matter where development occurs around the community. Mayor Vincent stated that allowing this development to connect to the City's sewer system will hasten the day when major modifications are required at the waste water treatment plant. He also noted this proposal cannot be considered in isolation, as if there would be no other projects coming on line. Planning Director Epple stated that the service boundaries have been established on the premise that all properties within the boundaries could be served by the existing sewer system. He cautioned that if the boundary is "poached out" somewhere, it will have to be "sucked in" somewhere else. Mayor Vincent expressed concern that in the past, there have been times when the . Commission made a decision based on an erroneous set of assumptions. He then stated there is no guarantee that the density of the proposed project will not increase, asking if that is a valid concern. Planning Director Epple stated the concept plan provided for approximately 180 units, which is the maximum allowed under the R-S zoning district. He stated that rumors suggest 03-14-94 -~ .- - - 7 - the number of units may have now risen to 250, which cannot be accommodated under the current R-S zoning. Mayor Vincent stated he does not want to approve this request, then have the developer come in for rezoning, placing the Commission in what might be an untenable . position. City Manager Wysocki entered into the record a number of form letters which the Commission has received in support of this request. He then questioned statements made in Mr. Sabol's letter dated March 10. In response, the Planning Director stated that the recommendation forwarded during review of the concept plan wasn't necessarily that this subject parcel be connected to City water and sewer services, but that it be serviced by a larger, more central sewer system than the nine units per septic tank that had been proposed. Ms. Nadia Beiser responded as well, stating that her company is prepared to proceed with either the installation of on-site, central water and sewer systems or connection to the City's services. She stated that, as a result of the concept plan review, the idea of one septic . tank for every nine units has been abandoned. City Manager Wysocki noted that the City's water and sewer systems currently serve 5600 customers. He stated that to add 400 to 500 new accounts represents a substantial increase to those systems. He also asked the Commission to consider all of the vacant land within the sewer service boundary and the waste water treatment plant capacity when making its decision. Responding to additional questions from the City Manager regarding Mr. Sabol's letter, Ms. Beiser stated that she has forwarded this request in response to the City's suggestion that the issue of possible connection to City services be studied. Responding to the City Manager, Planning Director Epple stated that, in addition to the goals in the master plan which were enumerated by Ms. Beiser, there is a goal which . indicates a strong desire to infill properties in and close to the city that runs counter to the goals which she had cited. He stated that, while it is desirable to have developing properties connect to City services, there is also the issue of timing that must be addressed. City Manager Wysocki reminded the Commission that owners of properties within the urban service area for sewer believe that their properties can be serviced by the City if they 03-14-94 - 8 - choose to develop. He expressed concern about extending the City's water and sewer services to the extent requested, and using some of the capacities now available in those systems. He then forwarded his personal concern that to approve this request would extend the lines too far out. . Responding to the City Manager, Ms. Beiser stated that whether the proposed project is serviced by on-site central water and sewer systems or is serviced by City water and sewer will not have any impact on the density or number of dwelling units. She then stated that the project will not include the exact number of dwelling units that was proposed during the concept plan review; but it will be within ten percent, plus or minus. She then stated that the costs of each of these systems is roughly the same. City Manager Wysocki inquired whether the applicant is requesting a payback arrangement. Ms. Beiser stated that the City will not be asked to pay anything, except for any oversizing of lines over and above that needed for the subject development. She then reaffirmed their intent to bear the costs of extending the lines, and then turning ownership of . those lines over to the City. City Manager Wysocki distributed copies of Section 13.32.030 of the Bozeman Municipal Code, which lists five factors for the Commission to consider in determining whether or not to extend water or sewer service outside the city limits. He emphasized the last factor listed, which stipulates that the extensions not be approved if the property to be served has been determined by an engineering analysis to be outside the areas that the existing water and sewer systems are designed and constructed to serve. Commissioner Stueck noted that other developments are also in process which will impact the capacities of the water and sewer systems, including Dickinson Manor, with 160 units and the new MSU housing project, with 55 units. He also noted that Valley Creek Subdivision was just approved; and the Commission will be considering a request for . annexation and rezoning of 147 acres at the south edge of town. He stated everyone recognizes that Bozeman is growing; and that the waste water treatment plant will need to be expanded. He stated that in this instance, the developer is willing to pay for extension of the lines, into an area where Bozeman will eventually grow. He then asked if the concerns 03-14-94 -,-~ - 9 - expressed about this application are based on the fact that it is not located in the standard growth area. City Manager Wysocki indicated that is correct. He reiterated that it is reasonable to assume that properties located within the service boundaries will be allowed to connect to the . City services. Commissioner Stueck then asked what is in the best interests of the City. He emphasized the importance of considering groundwater when making that determination. Mr. Joby Sabol, attorney representing the applicant, stated it is important to look at other development around the community that will tap into City services as well as the subject proposal. He then encouraged the Commission to also take into consideration that amount of development that will occur near the city that is not connecting to City water and sewer services, suggesting that those developments essentially increase the available capacity. He noted that, unfortunately, at the present time, when a problem with a private water or sewer service occurs, it becomes a burden on the City and its taxpayers to extend services. He suggested that the City should become proactive in the extension of its water and sewer . services rather than reactive. Mr. Sabol stated that connecting to City services rather than installing on-site central systems will provide environmental benefits. He noted that the potential for impacting the groundwater exists with an on-site system. He stated that not only will the developer benefit, but neighbors can also benefit through the ability to connect to City services as well, particularly if their private systems fail. He emphasized the fact that the developers propose to extend the lines at their own expense; with benefits resulting to the City and the public. Mr. Sabol stated that staff members have raised concern about whether this proposed extension is timely or represents orderly growth; and suggested that it is. He suggested that this line extension would allow for orderly growth to occur in undeveloped areas just outside the city limits. He also noted that if this project fails after the water and sewer lines have been . extended, those lines will still be a part of the City's system, at no cost to the City. Mr. Sabol stated that while the developer's proposal seems "too good to be true", it really is not too good to be true. He emphasized the fact that connection to the City's water and sewer systems and development of central on-site services will cost approximately the same. He also noted that if the City allows this connection to its water and sewer services, 03-14-94 .--..-.-.----- ,.-.. - ._~.._,._,~'~- - 10 ~ it will receive monthly revenues from the use of those services; and some of those revenues could contribute toward expansion of those systems. . Mr. Sabol then asked that the Commission vote to approve the extension of water and sewer services to the subject property, after an engineering study and design have been . prepared at the developer's expense and approved by City staff. He noted that this provides some assurance that the Commission will favorably consider the request after additional studies have been completed to the satisfaction of the City staff, although it does not represent a final action today. Ms. Beiser stated this project is going to become a reality; and the question is whether they will be allowed to connect to City water and sewer services, at their own expense. She then stated that when the project was loaded into the computer, the number 254, the highest possible number of dwellings that could be located on the site, was placed into the equation. She emphasized that is not the number of dwellings which they are proposing to construct on the subject site. She stated that to allow this development to connect to City water and sewer services will protect the environment, existing resources, . create looping of the system and provide an opportunity for other properties to connect to the services. She then asked the Commission to address the question of whether they would be willing to allow this project to connect to City water and sewer services, at their own expense, if specifications which are satisfactory to the City Engineering Department can be developed. Responding to Commissioner Frost, Director of Public Service Forbes estimated that the facilities plan updates will probably be substantially complete in nine months. He stated that review of the hydraulic systems at the waste water treatment plant will be a part of that study. He then stated that, while some issues pertaining to the plant may be growth related, addressing the inflow and infiltration issues is not a part of that. Responding to Commissioner Stiff, the City Manager stated that extension of the water and sewer lines might benefit the Hospital and encourage them to develop some of their . vacant land. He also noted that extension of the water line along Kagy Boulevard may result in residents along that roadway seeking services as well. Commissioner Stiff noted that over the years he has seen lots of developments that did not work out the way they were originally intended. He noted that some of the best developments in the community now went through two or three owners before they were 03-14-94 -- .-.. n......_ - 11 - developed, like the New Hyalite View Subdivision and Valley Unit Subdivision. He stated that approval of this request will result in using some of the existing capacity, taking that capacity . away from other potential areas of development. Commissioner Stiff noted that much of the discussion has centered around waste . water capacities; however, he feels that water should be carefully considered also. He noted that with the Mystic Lake dam breached several years ago, the City lost that source of water. While the extension of Hyalite Dam has provided for additional water from that source, he feels it will be necessary to add to the water resources to meet the demands of a growing community. Commissioner Stiff then suggested that this development could be constructed like the Billion Plaza development, with a system that can be readily tied onto City services when the lines are extended that far. Commissioner Stueck stated his initial reaction is that the subject site is a long distance from the city and its services. He noted, however, that he is also tired of "playing catch up" with development. He stated that the applicant's willingness to bear all of the costs ." of extending the services is admirable. He noted that this area has grown considerably over the last twenty years and will continue to do so. He then characterized this as a legitimate request. Commissioner Frost noted the subject property is upstream for the groundwater system in the area; and he is still concerned about septic systems being used in areas outside the city limits. He stated that to allow the developer to extend the City services to the subject parcel seems feasible and could help to ensure orderly growth instead of large lot development so close to the city. He noted that this is not an area in which he would have planned for city growth; but an opportunity has risen. He then stated that if the system can be built to meet City standards and the problems which have been raised can be resolved, he feels this proposal should be carefully considered. ~ f" Commissioner Youngman stated she would like to know how vulnerable the aquifer in that area is. She noted that one of the letters received by the Commission mentions the desirability of clustered development, through the use of City water and sewer services, versus the sprawl created by one-acre lots with septic systems and wells. She noted support for that comment, suggesting that the benefits of this request outweigh the consequences. She stated 03-14-94 -...-- .." . -...----..-.--.. .-.-.. .. - 12 - that if the water and sewer lines are installed but this development does not become a reality, the lines will still be available for a future development. She stated that the City will not incur any of the financial consequences that it encountered in the Valley Unit Subdivision because no special improvement districts will be involved. She concluded by recognizing that this . proposal will impact the capacities of the various systems; however, she suggested that protecting water quality must also be done. Mayor Vincent noted that the Commission must consider the City Engineer's memo, in which he concludes with the statement "... that overall the adverse impacts outweigh the benefits." He then expressed concern that it appears the Commission may be prepared to go against that advice. He then stated that he feels it would be appropriate to delay action on this item for a period of one week, in light of the vast amount of information that has been provided. City Manager Wysocki asked for clarification on whether the developer expects to pay for oversizing of the lines, or if that oversizing will result in a cost to the City. Ms. Beiser stated the developers do not expect the City to pay for connecting Fort . Ellis Leisure Community to the water and sewer services. She also noted they are willing to pay the costs of enlarging existing lines to accommodate their development. She stated, however, it would be inappropriate to expect her company to pay for oversizing of the lines to accommodate future developments and connections in that area. City Manager Wysocki then suggested that the Commission consider some type of capacity fee, particularly for the waste water treatment plant, since connecting of the proposed development to the City's sewer service will stress the capacity of that service. He stated this fee could be based on the fact that the subject parcel is so far outside the current city limits that it will not be annexed for probably fifteen or twenty years. Responding to Commissioner Frost, Ms. Beiser stated that her company would be willing to pay the costs of oversizing upfront, so that the City encounters no cost in extension . of the lines. She stated that then, when new connections are made to that line, her company could be reimbursed for a prorata portion of those oversizing costs. City Attorney Luwe asked if the developer would be willing to pay an upfront impact fee to help replace the capacity at the waste water treatment plant that is being used by this development. 03-14-94 - 13 - City Manager Wysocki stated that if a payback process is determined appropriate, a time specific should be attached. He stated that this avoids the potential of administrative nightmares that might arise after several years if a time specific is not attached. Commissioner Stiff stated he feels it is appropriate to fund future capital . improvements, particularly in the enterprise fund. Commissioner Frost asked for additional information on paybacks for oversized lines and impact fees for the waste water treatment plant prior to next week's meeting. Mayor Vincent asked that the Commissioners forward any additional questions on this item to the Clerk of the Commission by 4:00 p.m. on Tuesday, so staff had adequate time to respond. He then asked that this item be placed on next week's agenda for further consideration. Break - 5:32 to 5:36 p.m. Mayor Vincent declared a break from 5:32 p.m. to 5:36 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. . Discussion - structure. mission statement. auidelines and obiectives for ad hoc committee to review cable television franchising oDtions City Manager Wysocki noted that this draft document, a copy of which was included in the Commissioners' packets, was prepared by Assistant City Manager Brey and Clerk of the Commission Sullivan, based on a draft proposal forwarded by Commissioner Youngman. The Commission reviewed the document, section by section, beginning with the Structure. Commissioner Youngman stated that this section provides that the committee n... meet monthly until September 1, at which time it will provide an update to the City Commission." She noted this is in direct conflict with No.2 under Objectives, which states "Final recommendations ... will be presented to the City by September 1, 1994. n She then . suggested that the language from the Objectives section be repeated under the Structure section; the Commission concurred. Commissioner Youngman then suggested that the composition of the committee be revised, to provide for two to four interested consumers. She stated that this will allow for 03-14-94 -.-------.... - 14 - some flexibility during the appointment process, helping to ensure that a well-balanced committee is developed. The Commissioners concurred with this proposed revision. The Commission then reviewed the Mission Statement. Commissioner Youngman suggested that the last sentence be revised to state "Should the committee recommend, and . the City Commission decide to proceed with, the development of a cable tv franchise agreement, ...... The Commission concurred. The Commission turned its attention to the Guidelines portion of the document. Commissioner Stiff stated concern about No.5, which references the City's code of ethics. He questioned whether it is appropriate to impose the code of ethics, and its conflict of interest provisions, on a committee that will be comprised of people who will have conflicts of interest on a rather regular basis. He then proposed that this section be eliminated. City Attorney Luwe stated that, even if this item is deleted, the code of ethics will still apply because of the way it is written. He then proposed that the language in No.5 be amended to read" ... who has a personal or financial interest....., to more accurately reflect the provisions of the code of ethics. He emphasized that if a committee member has a conflict, . he/she must announce that conflict and may participate in neither the discussion nor the vote. Commissioner Youngman suggested that if the Commission makes its appointments carefully, it may be possible to create a committee that does not encounter conflicts of interest on a regular basis. She noted that those who would encounter conflicts of interest frequently could possibly be used in other ways, i.e., resource people. City Manager Wysocki suggested that the committee could be created with full voting members and ex officio members. He noted that this would allow those who would encounter conflicts of interest to serve, attend and participate in all meetings of the committee. Mayor Vincent stated support for that concept, noting that the total of the voting membership and the ex officio members could be within the twelve-member limit proposed under Structure. . Mr. Don Branton, TCI Cablevision, stated he feels that his business should be represented on the committee, stating that he feels that serving as an ex officio member would be appropriate. Under Guidelines, Commissioner Youngman suggested that No.3 be revised to state 03-14-94 - 15 - "The City is interested in recovering costs associated with the regulation of basic cable television and franchising services. The Commission concurred. The Commissioners made no changes to the Objectives portion of the document. Commissioner Stiff asked if the Commission should direct staff to contact other . communities to get copies of their franchise agreements. City Manager Wysocki stated that Assistant City Manager Brey has already obtained copies of franchise agreements from some of the communities in Montana; and suggested that the committee may ask him to obtain others. He then cautioned that with the changing legislation in this area, any franchise agreements that are more than a few years old are outdated. Recess - 5:48 D.m. Mayor Vincent declared a recess at 5:48 p.m., to reconvene at 7:00 p.m. to complete the routine business items. . Reconvene - 7:00 D.m. Mayor Vincent reconvened the meeting at 7:00 p.m., to complete the routine business items. UDdate from City Manager re goals for Fiscal Year 1993~1994 City Manager provided an update on the goals for Fiscal Year 1993-1994, as follows: 1. Affordable housing (code modifications/land availability). Continue to assist in any way possible the development of affordable housing. The City is working with the Human Resource Development Council in their affordable housing project on West Babcock Street, including the sponsorship of a successful CDBG grant . to cover costs of installing infrastructure. Also, the City has applied for a grant for the nine- unit Interfaith Housing project and, while the final decision on that application has not yet been made, chances are good that it will be funded. City staff has also been working with representatives of the Southwest Montana Building Industry Association in an attempt to determine how to best provide affordable home sites. 03-14-94 - 16 - 2. Impact fees/system development fees. Establish a uniformly fair system for development fees for water, sewer and street systems with adoption of system development fees (possibly in concert with County's similar plan). Begin process of empowering City to utilize mechanics of system development fees to mitigate the impacts of growth and development. The City recently attended a County meeting at which this issue was discussed. '. Updating of the City's facilities plans and identifying future needs is necessary before figures for impact fees can be established. The City's transportation plan has been recently updated; and the facilities plans for water and sewer are currently being updated. An intern in the Planning office has been working to develop a fee for transportation impacts; and a draft proposal may be available for review in the next sixty days. Director of Public Service Forbes recently attended a meeting on the development of impact fees; and he seems to be confident that he understands what must be done to establish impact fees for the water and sewer systems. The City Manager stated that City staff members have also met with representatives from the Southwest Montana Building Industry Association about this issue; and they have a generally positive attitude. He noted they seem to be willing to accept an impact fee that is '. fair and reasonable. 3. Waste management: a. Establish overall waste management plan to consider: Future options for collection Landfill options Recycling Ongoing volume-based charge analysis Oil and other contaminant disposal Incentives to participate; b. Automated garbage with volume-based incentives/recycling component; c. Consider purchase/lease/contracting of tub grinder; d. Landfill protection, e.g., tub grinder. Plan for curbside recycling as soon as possible. . The City staff recently responded to the County regarding the Logan landfill, indicating that if they wish to contract with other communities or counties, that would be acceptable to the City on a short-term basis (i.e., a five-year contract). He noted that with the current manner in which Three Rivers DisposallWaste Management dumps its vehicles, neither landfill can count on the revenues from that source. He stated that, because of Three Rivers dumping 03-14~94 ~- - 17 - at the Bozeman landfill for a substantial period of time during this fiscal year, the City is facing a surplus in the Solid Waste Fund; and he will recommend that the excess monies be placed in a reserve to fund closure of the landfill. The City Manager stated he has recently sent an article to Sanitation Superintendent . Roger Sicz regarding automated garbage collection, noting he feels it is important to once again consider that issue. He stated that the system has now been refined to accommodate 18- and 30-gallon containers as well as the 60-, 90- and 300-gallon containers that it has been able to accommodate in the past. Nothing specific has been done in the area of recycling, except to promote waste oil dumping at the City Shops on a regular basis and to promote the disposal of household hazardous wastes via a special event. He also noted that residents are encouraged to dump white goods in a special area at the landfill. He stated that no curbside recycling program has been considered as of this date. The City Manager stated he is not convinced that the purchase of a tub grinder for th~ landfill is in the City's best interests. He noted that estimated costs of a purchasing and . using a tub grinder range from $20 to $150 per ton. The City Manager distributed a copy of the budget narrative for the Solid Waste Disposal budget unit for this fiscal year. He noted that almost $ % million of the monies in that budget are for contracted services, a substantial portion of which is for monitoring and preparing for closure of the landfill. 4. Water quality districts. Funding of full-time equivalent for creation of local water quality district, as identified under possible time frame identified by City-County Health Officer Stonnell in memo of May 18, 1993 letter to Health Board. The City Manager noted that the Commission recently received an update from Mr. Justin Buchanan, Gallatin County Health Department. 5. Implement transportation plan. Proceed with implementation of transportation plan with emphasis first on . having designs ready. Some of the projects identified in the transportation plan are currently being designed by various consulting engineering firms. A substantial amount of the monies from the Valley Unit Subdivision assessments receivables and notes receivables has been set aside for the design work and some of the installation costs of specified projects in the transportation plan. 03-14-94 - 18 - The City Manager noted that it appears nothing is being done at this time because of the engineering design that is required first; however, when work actually begins, the results will be readily noticed. The City Manager reminded the Commission that he had distributed information to . the Commission regarding the anticipated costs of extending North 19th Avenue from West Oak Street to Baxter Lane under "FYI Items" a couple of weeks ago. He stated the cost is estimated at $350,000 to $400,000, approximately half of which will be the City's responsibility. He noted that financing for the remainder of the costs must be established, possibly through the special improvement district process or through an INTERCAP loan. 6. Complete ongoing projects and achieve adequate staff levels for all goals. Assess the workload demands of staff to make absolutely sure (on criteria of reasonableness of workload and cost effectiveness) that we are not demanding too much of available staff and, if it is determined that we are, begin planning for the hiring necessary to assure maximum productivity in a humane work place environment. At the present time, the Planning staff and Engineering staff are having trouble keeping up with the workload. At the Planning Board's suggestion, the Planning staff will close its doors and not answer the telephone on Wednesdays so that staff can complete some of its . paperwork. The City Manager indicated he has taken similar steps for the Engineering staff, although the Building Inspection Department employees will continue to take telephone calls and respond to requests for inspections. He stated that if this proves beneficial, other staff members in a couple other areas may be encouraged to take similar actions. 7. Implement sports fields expansion to accommodate community needs. Develop improved recreational opportunities and facilities for children. The possibility of developing additional ballfields on the School District and City property in Valley Unit is nearing reality, due to recent discussions. A private group installed two ballfields at the North Grand site for use by the young girls' teams. He stated the group is now pursuing the installation of an underground sprinkler system for those fields. ---------------------------------------- . Selective traffic enforcement programs (STEP). Develop a utilities director. Assist DBA with business improvement district. Code enforcement. 03-14-94 - 19 - Investigate the need for, and the feasibility of, a City of Bozeman Information Center. Begin long-term planning for a "Bozeman Futures Conference" to provide a comprehensive one-week look at what Bozeman's long-term future can and/or should be. City Manager Wysocki stated that all of these goals are "under the line" of the top . priority goals, which means that they received less than three Commissioner votes. He stated that as the opportunity arises, staff will address these goals; but none of these listed goals has been addressed to date. The City Manager stated that after the first of April, the Commission will be asked to quickly complete the process of setting goals for next fiscal year. He noted that by that time, the department heads will have provided input on the goals which they feel are important for their respective departments; and that information will be available for Commission consideration. Responding to Mayor Vincent, the City Manager stated that a proposal for impact fees should be prepared by the end of the calendar year. He then stated it would be beneficial to develop the City's impact fee program in conjunction with the County's impact fee program, . possibly using the same consultant. He emphasized that any impact fees established must be legally defensible because it is likely that the system will be challenged. Commissioner Stiff suggested that this item be placed on the agenda for discussion, since it is a complex issue; the City Manager agreed that would be appropriate. Certificate of ADDropriateness to modify an apDroved Conditional Use Permit for First Security Bank drive-in bank facility. 670 South 19th Avenue. to allow addition of accessory structure: per DRB recommendations (Z-941 0) City Manager Wysocki reminded the Commission that he had requested that this item be removed from the Consent Items for discussion. He then forwarded the applicant's request that action on this item be tabled for a period of one week, so their legal counsel may be in . attendance at the meeting; and recommended that the Commission honor that request. It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the Commission table action on this item for a period of one week, per the applicant's request. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, 03-14-94 - 20- Commissioner Stueck, Commissioner Frost, Commissioner Youngman and Mayor Vincent; those voting No, none. Continued discussion - issues identified for "free wheeling" Commission discussion begun at January 31 meeting. beginning with Drocedural issues . Mayor Vincent noted that the Commission had covered the first portion of the process-related concerns forwarded by the Commissioners in anticipation of the "free wheeling" Commission discussion which began at the January 31 meeting. He then suggested that the Commission continue through that list, as follows. I. Construction approval process: status report on planning staff proposal re revisions to way DRB and planning process operates; streamlining of approval process, with small projects not requiring a variance to be handled in house. DRB: allow applicant to make verbal presentation as part of submittal process and to ask and answer questions. Work sessions on city planning and zoning: policy and process. City Manager Wysocki announced that the Planning staff is preparing a comprehensive list of proposed revisions to the zone code, which other key staff members are now reviewing. He stated that some of those revisions include streamlining the processes and . how the Design Review Board functions. He noted that the revisions will be forwarded to the Planning Board for its consideration, probably at an April meeting; and will then be forwarded to the City Commission for its pUblic hearing and consideration. Following discussion concerning the process to be followed for these revisions, it was determined that the Commission should have a work session on the revisions prior to its public hearing. Commissioner Stueck stated his interest in having the approval process for construction of small projects streamlined as much as possible. Commissioner Youngman stated her interest in making the process work better for both customers and staff. She also suggested that other public interest criteria for . consideration be included in density bonuses for planned unit developments, possibly including points for energy and efficiency and water conservation features in addition to environmental protection and afford ability , which are already included in the code. Responding to comments from Commissioner Stiff, the City Manager stated there have been several concerns raised by staff regarding the administrative aspects of the current 03-14-94 --. - 21 - zone code. He then noted that a series of zone code amendments will be forwarded through the amendment process in the near future in an effort to streamline some of the processes. Commissioner Stueck also asked that one of his items from the "issues and needs portion of the list be added to this discussion, as follows: . Remove Secretary of Interior guidelines for historic preservation projects; staff establish local guidelines with Commission approval. Commissioner Stueck stated that he asked the Planning Director for a copy of the Secretary of Interior standards, in light of the fact that the City's zone code requires all projects in neighborhood conservation districts as well as historic districts be subjected to those standards. He stated that after reviewing the document, he feels it is basically designed to ensure the historic preservation of buildings within the national park system rather than for historic buildings within a city. He then suggested that, rather than using the Secretary of Interior standards, the City should design its own standards, which would more appropriately address the issues within the various overlay districts. City Attorney Luwe noted that amendments to that section of the zone code will be proposed; however, he does not know if they will be included in the next round of . amendments. J. Town meetings. Mayor Vincent stated he has raised this idea in the past; and he feels the Commission should try them, at least on a trial basis. He suggested that this would provide a forum at which the public could conduct a "free wheeling" discussion with the Commission, from which the Commissioners could benefit. He stated that, while criticism is a part of this form of government, he feels it is important to set the meeting in a positive tone. He then indicated a willingness to develop a format and a schedule for holding town meetings if the Commission determines this idea is acceptable. City Manager Wysocki noted that the Commission did something like this with the . boards and commissions, which are responsible for forwarding information to the Commission on specific areas. He then stated that when he arrived in Bozeman, former Commissioner Mathre had arranged for a series of town meetings at which three questions were asked: (1) what do you like about what the City is doing; (2) what don't you like about what the City is 03-14-94 - -- - 22 - doing; and (3) what would you like to see changed? He stated that those town meetings were also the beginning of the goal setting process for the Commission. Commissioner Stiff stated he has no problem with the proposal, as long as the process is well established and the Commissioners are not being overrun. . Mayor Vincent stated he wants to set a simple format for the town meetings, possibly like the City Manager outlined. He recognized that if an organized group wished, it could take advantage of the situations; however, he feels that the Commission should try this idea. The City Manager suggested that, based on his experiences with "afternoons in the parks", it is best to have one main topic and have a staff member present to respond to questions. He noted that other topics can then be raised and discussed as people desire. He also noted the importance of moving the meetings around to different locations. Mayor Vincent noted that approach would also help to focus the discussion. Responding to questions from the Mayor, the Commissioners indicated support for the idea of town meetings with one major topic, suggesting that transportation be the main topic of the first town meeting. The Commissioners also discussed the potential of a general . obligation bond to fund a portion of the projects, and the timing of an election on that question. They recognized that this forum could serve to make the public aware of the proposed bond issue and the benefits that could be derived from it. Mayor Vincent stated he will work with the City Manager to develop a format for a town meeting and will bring his proposal back to the Commission for consideration as soon as possible. K. Bozeman Citizens Sounding Board. Mayor Vincent stated that this is the one item in his guest editorial about which he has received the most comments. He noted that, while this is not an original idea, it has not yet been tried locally. He stated that conversations with Mr. Patrick Jobes, University of Montana, reveal that a random sample taken from the voter registration can provide a good . representation of the entire community. He noted that those individuals from that group who are willing to participate would then form a group that would report to the Commission at a specific time regarding what they have heard from the general public. He suggested that through this mechanism, the Commission may be more aware of how the general public feels. 03-14-94 - 23 - The Mayor stated that he has briefly discussed this idea with the editor of the Bozeman Dai/y Chronicle, who suggested he may be willing to publish the names and pictures of the individuals who are selected for the sounding board, if one is created. Mayor Vincent stated that if the Commission decides to proceed with this concept, . he is willing to do the work, reporting back to the Commission after each step; and indicated his intent to work with Mr. Patrick Jobes in drawing the random sample. He noted that Mr. Jobes suggests that this approach will encourage greater input from the public and will possibly even result in greater voter participation. Responding to Commissioner Stiff, Mayor Vincent stated that when he was elected, he made a commitment to go door to door once a month. He stated that, while he has not met that commitment, he has done a substantial amount of door-to-door work. He has found that many people like to talk, often about a variety of subjects. Commissioner Frost expressed concern about this proposal. He feels the Commission should serve as the "Bozeman Citizens Sounding Board", rather than selecting other people to filter out what the people in Bozeman are saying. He also expressed concern that under this ~. proposal, a few people may gain a lot of authority in forwarding input, based on information they have received from the general public. Mayor Vincent responded that the sounding board is not intended to replace anything that exists today; rather, it is designed to provide opportunity to receive more input from more people. Commissioner Stiff stated "the buck stops here"; and he has found that if constituents have an opinion about an issue, they are usually not hesitant to share it. Commissioner Frost stated he feels an alternative that would get citizens involved might be worth considering; however, he does not support the idea of selecting someone to report to the Commission. Mayor Vincent stated his intent to continue pursuing this idea, for his own purposes. . He noted, however, that at this time, he will direct his energy toward organizing town meetings. L. Afternoons in the Parks. Mayor Vincent stated that this concept is very similar to the town meeting idea. He then suggested that if the town meeting is well received, the Commission may wish to basically 03-14-94 - -'" ..--- ,.--- '-----,"----:--'"-" . .-..-" ""'-- .-" ---'.'--".:' -':'"""'--:-. ------ ....- - 24- extend those meetings into "afternoons in the parks" during the nice summer weather. City Manager Wysocki cautioned the Commission that when it sets this type of meeting, some staff members must be present to address questions; and that places an additional drain on their time. . Mayor Vincent suggested that if staff is not available to respond to questions arising in a town meeting or an afternoon in the park, the Commissioners can always take the names of the individuals and the questions, and then contact those individuals after they have obtained the answers from staff. He noted that often, people appreciate the fact that a Commissioner is willing to take the time to get an answer and then forward that answer to them. Commissioner Youngman asked the Mayor if he has talked to the editor at the newspaper regarding guest editorials. Mayor Vincent responded he has not recently talked to the editor, although he seemed generally receptive to the idea in previous discussions. He further stated he feels it would be better for individual Commissioners to write any guest editorials than to attempt editorials that ". are reflective of the entire Commission. Commissioner Youngman suggested that the Commission consider a computerized information system which the public could access to obtain information about various processes and issues. She noted that this would allow individuals to seek information which would make them more comfortable when dealing with the City. Mayor Vincent noted that in Bellevue, Washington, an information is readily available to anyone who walks through the door; and many people appreciate that service. He stated that Commissioner Youngman's proposal is essentially based on the same theory, only through electronic capabilities. He stated that, while he would like to see an information center in Bozeman, he recognizes that staffing levels are not adequate to accommodate such an idea. Commissioner Stiff stated he feels that Commissioners should be very careful about . giving up their right to vote due to conflict of interest. He suggested that abstaining from voting should occur only when there is a definite conflict of interest, not simply because of a potential future conflict of interest. Mayor Vincent stated his concurrence with that comment. He noted that if a Commissioner has a question about a possible conflict of interest, he or she should contact City 03-14-94 - 25 - Attorney Luwe and explain the situation. He noted that the City Attorney will then determine whether a conflict of interest exists, requiring the Commissioner to abstain from discussing or voting on a particular issue. Commissioner Stiff suggested that most of the items contained on the "issues and . needs" list are also on the goals listing. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Memo from Assistant City Manager Brey, dated March 10, forwarding information on signage for the MSU residential parking district, and further reminding the Commission of the sign demonstration set for March 16 and 17 adjacent to Irving School. (2) Memo from Recreation Superintendent Sue Harkin, dated March 10, announcing that the front air heating unit at the Swim Center has been temporarily repaired. The City Manager stated that the Recreation Superintendent called this morning to . report that they were smelling gas again; and he authorized the immediate replacement of that heating unit. (3) Memo from the Recreation Department, dated January 21, reminding the Commission that "Clean Up Bozeman" is scheduled for Saturday, April 9, and asking if they would like to clean up the City Hall grounds again. (4) Status report on transportation-related projects, dated February 1994. (5) Information sheet on the anticipated costs for construction of North 19th Avenue between Baxter Lane and West Oak Street. (6) Invitation to attend a St. Patrick's Day party at the home of Stuart and Beverly Knapp on Tuesday, March 15, for Jack Mudd, Democratic candidate for the U.S. Senate. . (7) Copy of an article that appeared in the Friday edition of the Bozeman Dai/y Chronicle, entitled Beam me up, MSU. (8) Copy of an article in the January 18 edition of The Christian Science Monitor, entitled Solutions That Can Change Society. 03-14-94 - 26- (9) Copy of a letter to the editor, written by John Parker, 1612 South Tracy Avenue, recognizing the City for the services provided. (10) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, March 15, at the Carnegie Building. . (11 ) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, March 15, at the Courthouse, along with daily minutes for the week of February 28. (12) Commissioner Frost distributed to the Commission a memo dated March 10, in which he requested permission to attend the National Trust for Historic Preservation's "National Town Meeting", to be held in Tampa, Florida, on May 1-5, 1994. Commissioner Frost requested that this item be placed on next week's agenda, enabling him to make the necessary reservations if the Commission approves the request. (13) The City Manager distributed copies of Section 12.26.050 of the Bozeman Municipal Code to the Commissioners. He then stated that last week, he received three separate requests for permission to sell in the parks: (1) one to sell popcorn, etc., during the band concerts at Bogert Park from a retired couple; (2) one from a non-profit organization to . allow the sale of t-shirts and sweatshirts and donated food and beverages in conjunction with a Dog Walk-a-thon to be held at Bogert Park; and (3) one from a business requesting permission to conduct a series of outdoor fundraising parties in the Soroptimist Park, including the sale of alcoholic beverages, food and business items. The City Manager then reviewed the provisions of the code, noting it provides for the sale of .. ... articles or services in conjunction with a community-oriented event approved by the city commission ..... He stated that Sweet Pea and Farmers' Market are the two activities which have been recognized as community-oriented events in the past. He asked guidance from the Commission, noting concern that it is very difficult to disapprove one application if another is approved. He noted that the parks in some of the other communities in the State are utilized in this manner; however, care has been taken to ensure that the parks in Bozeman . are not used this way. Responding to Commissioner Stueck, the City Manager stated that in the past few years, strong steps have been taken to eliminate alcoholic beverages from the Sweet Pea activities. 03-14-94 - 27 - The Commissioners reviewed the letters from the three applicants; and concluded that the request in the third letter is blatantly commercial. They also indicated support for the City Manager's proposal that he attempt to get them to change the location to one of the parking lots along East Mendenhall Street, possibly from 5:00 p.m. to 7:30 p.m., with no alcoholic . beverages allowed. Commissioner Stueck noted that the City has an open container ordinance on the books. He then cited the bucking horse sale in Miles City, for which the open container ordinance was waived, as an example of what he does not want to see in Bozeman. City Manager Wysocki stated there is no provision in Bozeman's open container ordinance which allows for the Commission to waive the ordinance; and he feels that it should not be waived for any activity. Mayor Vincent suggested that all of the parks in town be designated "commercial free zones ,. . The City Manager indicated that these requests will be placed on next week's agenda for Commission action. . (14) The City Manager submitted a brief weekly report. as follows. (1) Noted that approximately 1900 letters have been mailed, reminding business owners of the sign amortization schedule, which takes effect on October 1, 1995. The Commissioners asked for a copy of that letter. (2) Announced that the issue of locating the visitors' center at the North 19th Avenue interchange has been remanded back to the District Court from the Montana Supreme Court. (15) Commissioner Stiff stated he attended the opening of a beautiful new building for Concrete Specialties near Four Corners, noting it was constructed under a new concept, in which the concrete panels are built, then tipped into place. (16) Clerk of the Commission Sullivan briefly highlighted the agenda for next week's meeting, noting it includes seven public hearings. . '. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Award bid for Repurchase Agreement for oeriod April 1. 1994 to Aoril 1, 1995 to First Security Bank, oer memo from Director of Finance G@mradt dated March 9. 1994 03-14-94 - ...-.,.............-- - - - 28 - Authorize Durchase of two reolacement mowers for Park DeDartment Building Insoection Division reDort for February 1994 Claims It was moved by Commissioner Stueck, 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 Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none. Adiournment - 9:07 o.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 Stiff, Commissioner Stueck and Mayor Vincent; those voting No, none. <t . ATTEST: . 4; GJkJ~ ROBIN L. SULLIVAN Clerk of the Commission . 03-14-94 ..0____.____..