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HomeMy WebLinkAbout2001-03-26 Minutes, City CommissionMINUTES OF THE COMMISSION MEETING/WORK SESSION OF THE CITY COMMISSION BOZEMAN, MONTANA March 26, 2001 The Commission of the City of Bozeman met in regular session and work session in the Commission Room, Municipal Building, on Monday, March 26, 2001, at 6:00 p.m. Present were Mayor Youngman, Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, City Manager Johnson, Staff Attorney Cooper and Clerk of the Commission Sullivan. The meeting was opened with the call to order, pledge of Allegiance and a moment of silence. City Manager Johnson requested that the transfer of contingency funds to the Municipal Court be removed from the Consent Items for discussion. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Commission Resolution No. 3429 - submitting the question of issuino eeneral obligation bonds in the amount of $4 million for a new public library to a vote of the people COMMISSION RESOLUTION NO. 3429 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, SUBMITTING TO THE QUALIFIED ELECTORS OF THE CITY OF BOZEMAN, MONTANA, THE-QUESTION OF ISSUING GENERAL OBLIGATION BONDS IN THE AMOUNT OF FOUR MILLION AND NO/100 DOLLARS ($4,000,000) FOR THE PURPOSE OF ACQUIRING LAND FOR AND DESIGNING, CONSTRUCTING AND EQUIPPING EITHER A NEW PUBLIC LIBRARY OR DESIGNING, CONSTRUCTING AND EQUIPPING AN EXPANSION OF THE EXISTING LIBRARY, AND PAYING COSTS ASSOCIATED WITH THE SALE AND ISSUANCE OF THE BONDS. Commission Resolution No. 3432 - establishing a fee for copies of maps or other digital information COMMISSION RESOLUTION NO. 3432 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING A FEE FOR COPIES OF MAPS OR DIGITAL INFORMATION PROVIDED BY CITY EMPLOYEES AT THE REQUEST OF AN INDIVIDUAL OR ORGANIZATION. Claims It was moved by Commissioner Brown, 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 Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff and Mayor Youngman; those voting No, none. 03-26-2001 -2- Authorize City Manager to transfer contin.qency funds to Municipal Court to cover request for $2,400 additional allocation for substitute judges for Fiscal Year 2000-2001 City Manager Johnson reminded the Commissioners that this item was removed from the Consent Items for discussion, per Commissioner Smiley's request. Commissioner Smiley stated she has no problem with allowing the monies to be allocated as requested; however, she wants clarification on whether elected officials are eligible for vacation and sick leave. Staff Attorney Tim Cooper confirmed that state statutes specifically exclude elected officials from being eligible to receive vacation and sick leave. He then indicated that the narrative in the budget simply provides for monies to cover Judge absences. Responding to Commissioner Frost, the City Manager confirmed that the substitute judges have worked more hours than were anticipated during the budgeting process and noted this request for additional monies is legitimate. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Commission authorize the City Manager to transfer contingency funds to the Municipal Court to cover the request for $2,400 additional allocation for substitute judges for Fiscal Year 2000-2001. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown and Mayor Youngman; those voting No, none. Decision - Master Plan Amendment to change land use designation from "Agriculture Suburban" to "Public Lands/Open Space" and "Commercial" - Bozeman School District No. 7 - 27.730 acres described as Lot 4A, Minor Subdivision No. 221A (1,000 feet south of intersection of North 27th Avenue and East Valley Center Drive) (P-0020) This was the time and place set for the decision on the Master Plan Amendment requested by Bozeman School District No. 7, under Application No. P-0020, to establish an initial land use designation of "Public Lands/Open Space" and "Commercial" on 27.730 acres described as Lot 4A, Minor Subdivision No. 221A. The subject property is located approximately 1,000 feet south of the intersection of North 27th Avenue and East Valley Center Drive. Included in the Commissioners' packets was a memo from Senior Planner Dave Skelton, dated March 22, reminding the Commissioners of the status of this agenda item and forwarding a map of the requested master plan amendment. Senior Planner Dave Skelton distributed excerpts from the 1990 Bozeman Area Master Plan Update, the proposed Bozeman 2020 Community Plan regarding the commercial and business park land use designations, and the zone code regarding uses allowed in the "M-I" and "BP" zoning districts. He noted that under the "commercial" land use designation, a "B-1 ", "B-2" or "B-3" zoning designation would be appropriate; and under the "business park/industrial" land use designation, a "BP", "M-I" or "M-2" zoning designation would be appropriate. He reminded the Commission that the Planning Board, on a vote of 7 to 0, has forwarded a recommendation for a "commercial" land use designation on the eastern portion of the property and a "public lands/open space" land use designation on the western portion. The Senior Planner reviewed the location of the subject property, noting that the original alignment of North 27th Avenue was along the east property line but has been shifted to the west so that it now bisects the property into an 18+-acre parcel and an 8+-acre parcel. He stated that the subject property is located outside the sub-plan for the North 19th Avenue/VVest Oak Street corridor; and recent research has indicated it also lies outside the 1-90 entryway corridor, although the initial determination was that a tiny corner of the property was within that corridor. Senior Planner Skelton concluded by noting that the public hearings have been held on this master plan amendment and the zone map amendment that is the subject of the next agenda item. 03-26-2001 -3- The decisions on these applications were tabled until after the property had been annexed; and that process has been completed, so these decisions have been placed on the agenda. Mr. Mike Lilly, attorney representing Mr. and Mrs. Milligan, asked that the Commission approve the master plan amendment as recommended by the City Planning Board. He stated it is inappropriate for the Commission to consider the proposed land use designations in the Bozeman 2020 Community Plan, since that is simply a tentative document under consideration at this time; rather the decision should be based on the 1990 Bozeman Area Master Plan Update, which is the document currently in place. Responding to Commissioner Kirchhoff, Senior Planner Skelton confirmed that the Zoning Commission's recommendation for a "BP", Business Park, zoning designation on the eastern portion of the property is in conflict with the City Planning Board's recommendation for a land use designation of "commercial". He stressed that these are two different advisory bodies forwarding conflicting recommendations for the eastern portion of the property; and it is now the Commission's responsibility to identify the appropriate compatible land use designation and zoning designation. Commissioner Smiley voiced her frustration at receiving the new information that none of this property is located within the 1-90 entryway corridor, particularly in light of the responses she has received to previous inquiries. She cannot support now an "M-1" zoning designation because she is opposed to the potential for a casino to creep into that location. Mayor Youngman noted that Staff Attorney Cooper has forwarded suggested language for the motion, along with a recommendation that if the Commission wishes to not act favorably on the application as requested, it deny the master plan amendment and direct staff to initiate a new amendment. She stated that, if the Commission wishes to harmonize its actions on the master plan amendment and zone map amendment, it appears denial is necessary. She concluded by stating she feels a "business park/industrial" land use designation would be more appropriate than the requested "commercial" designation. Responding to Commissioner Smiley, Staff Attorney Cooper confirmed that, in someinstances, a land use designation or zoning designation may be changed from what was requested without going through a new hearing process. He noted that, in this instance, the change would not be a standard increase in restrictions or decrease in density from the public notice provided; thus, a new process would be necessary. Responding to questions from the Commission, Senior Planner Skelton estimated that processing new applications would take a minimum of six to eight weeks. Mr. Mike Lilly stated the applicant has waited seven months for completion of the process, and he is opposed to any additional delays. He encouraged the Commissioners to consider other actions they have taken during the last seven months, including approval of "B-2" zoning for the Cape/France property and "M-1" zoning for the SANDAN and Davis properties. He also reminded the Commission that property owners in this area sat down with the Planning Office three years ago and developed a plan for development of the entire area; and it included the requested rezoning. He noted the bus barn has been completed, and it looks like industrial, not business park, development. He concluded by noting that no one from the public is complaining about the requested "M-1" zoning designation or proposed development. Mayor Youngman noted that the Commission cannot consider a specific proposal when acting on a zone map amendment; rather, it must consider the entire list of potential uses when making its decision. She then voiced concern about lengthening the process further by going through the public hearing process once again. The Commissioners discussed the possibility of delaying the decision for a period of one week to give staff an opp.ortunity to further review the options for a decision; Mr. Lilly indicated the applicant would support that one-week delay. 03-26-2001 -4- It was moved by Commissioner Smiley, seconded by Commissioner Brown, that action on this master plan amendment be continued for a period of one week to give staff an opportunity to review the options for action. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Brown, Commissioner Frost and Mayor Youngman; those voting No being Commissioner Kirchhoff. Decision - Zone Map Amendment - Bozeman School District No. 7 - establish initial urban zoning desianations on 27.730 acres described as Lot 4A, Minor Subdivision No. 221A (1,000 feet south of intersection of North 27th Avenue and East Valley Center Drive) as follows: "M-l", Light Manufacturing, on the east 8.821 acres and "PLI", Public Lands and Institutions, on the west 18.908 acres (Z-0044) This was the time and place set for the public hearing on the Zone Map Amendment, as requested by Bozeman School District No. 7 under Application No. Z-0044, to establish initial zoning designations of "PLI", Public Lands and Institutions" and "M-1 ", Light Manufacturing on 27.730 acres described as Lot 4A, Minor Subdivision No. 221A. The subject property is located approximately 1,000 feet south of the intersection of North 27th Avenue and East Valley Center Drive. Included in the Commissioners' packets was a memo from Senior Planner Dave Skelton, dated March 22, reminding the Commissioners of the status of this agenda item and forwarding a map of the requested zone map amendment. In light of the action on the previous agenda item, it was moved by Commissioner Brown, seconded by Commissioner Frost, that action on this zone map amendment be continued for a period of one week to give staff an opportunity to review the options for action. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No being Commissioner Kirchhoff. Work Session - (A) Presentation of proposal for parkina aarage/affordable housing - Dab Dabney; {B) Discussion re committee to prepare charter (A) Presentation of proposal for parking garage/affordable housing - Dab Dabney Mr. Dab Dabney gave a power point presentation on a proposal to construct an L-shaped building on the existing parking lot at the southeast corner of the intersection of North Black Avenue and East Mendenhall Street, noting its tentative name is "Blackhall". Under the proposal, the structure would be three stories, with the first floor being retail and the next two levels containing 36 affordable one-bedroom apartments, generally ranging from 400 to 500 square feet. Also, a two-level parking structure containing 80 parking spaces would be constructed behind the building, with access to the lower level being from East Mendenhall Street and access to the upper level being from North Black Avenue and no connection between the two levels. The third level of the parking structure would serve as a roof garden for the apartments on the third floor. Mr. Dabney showed photos of a project in Avon, Colorado which has street level commercial space and apartments on the second and third levels, indicating that it represents the style and scale of the building they wish to construct. He stressed that the building would be designed to fit in with the existing historic buildings, and would be brick with precast stone ornamentation on three sides. Mr. Dabney indicated that this project would be constructed through a joint partnership of the City and Farmhouse Partners, with the City being asked to contribute up to $10,000 for some of the predevelopment costs. Farmhouse Partners would then be responsible for construction of the entire project and management of the building, and the Parking Commission would be responsible for management of the parking structure. The property would be leased from the Parking Commission and the project, which would be constructed through the use of tax credits, would revert to the Parking Commission after forty years. Through the funding mechanism and restrictive covenants, the community would be assured of 36 affordable apartments in the downtown, with 6 of them being targeted to 40 percent of median household income, 12 units targeted to 50 percent and 18 targeted 03-26-2001 5- to 60 percent. As an owner, the City would receive a share of the net revenues and would be asked to provide water, sewer and garbage collection services to the property at no cost. Mr. Dabney estimated that there are 44 parking spaces in the subject parking lot at the present time. He noted that, if 80 parking spaces are created in the two-level parking facility and the tenants have one car per apartment, there will be 44 parking spaces open for public use. The downtown would benefit by retaining the current number of parking spaces while the population base would be increased through high-density housing. Mr. Dab Dabney noted the financial feasibility of this project depends on a number of factors, including a successful application to the Montana Board of Housing for tax credits, a buyer for the tax credits, long-term interest rates at or below current levels, a tax exempt status for the partnership, and an acceptable construction contract at or below the estimated costs. He concluded by reviewing the proposed timetable for the project, which extends from now through completion of construction, projected for October 2003. Commissioner Frost noted that this project looks like it could be viable; on Friday, he heard another proposal at the HRDC office; and he worked with some MSU students today on the same kind of project. It appears now is the time to proceed with this type of development. Responding to questions from Commissioner Frost, Mr. Dabney stated that providing units at 30 percent of median household income is difficult, particularly since utility costs are netted out of the rental amount. He indicated, however, that if the median household income increases over the next few months, he could look at providing some units in that category. He indicated that electric baseboard heat is proposed because a central boiler system is not feasible from a cost standpoint and the apartments are very small. He had initially proposed a third level of parking; however, the parking consultant indicated the site is not large enough to provide the necessary ramps to do so. Responding to Commissioner Brown,. Mr. Dabney estimated the impact fees for this project at $110,000, and they have been included in his calculations. He then estimated the water and sewer costs at $125 per unit per year. Mr. Tom Kern, 1437 Cherry Drive, suggested that the City's absorbing the impact fees could help to make the project more feasible. Mr. Chris Pope, Parking Commission, voiced his appreciation for the proposed project, noting it provides multi-use in a friendly, forward-thinking manner and in a manner that synergizes with other objectives in the downtown. Ms. Mary Martin, Resource Property Management, asked that the Commission consider other proposals as well as Mr. Dabney's. She stated that clients have approached her agency over the past year, and she anticipates additional opportunities will arise in the near future. Mr. Chris Nixon, 719 North Wallace Avenue, asked about the possibility of adding another level of housing, with the stipulation that those units would be rented to people without automobiles. Mr. Jon Gerster, 719 North Wallace Avenue, suggested that alternative energy sources, such as solar panels, be considered. He characterized this as an encouraging proposal, noting that it may trigger additional development projects in t~e downtown area. Responding to questions from the Commission, Mr. Pope stated the next Parking Commission meting is scheduled for 8:00 a.m. on Thursday, April 12, followed by a day-long retreat on April 20. He encouraged Mr. Dabney to submit this Proposal at the April 12 meeting. Mr. Dabney stated there is a huge need for one-bedroom units in Bozeman, stressing that the 36 apartments in this project will not fulfill that need. He reminded the Commissioners that, two years ago, three different developers completed affordable housing projects through the tax credit program; and all of those units were leased very quickly. He urged the Commission to consider other proposals similar to his, stating that they should not be mutually exclusive, and stressed that projects 03-26-2001 -6- like this need to be approved when there are Iow interest rates, tax credits available, and developers are able to construct a viable project. The Commissioners concluded by voicing their support for this type of proposal and thanking Mr. Dabne¥ for his presentation. Break - 7:46 to 7:56 p.m. Mayor Youngman declared a break from 7:46 p.m. Commission policy. to 7:56 p.m., in accordance with Work Session (continued) - (A) Presentation of ~)roDosal for r~arkin.cl .qara.qe/affordable housing - Dab Dabney; (B) Discussion re committee to prepare charter (B) Discussion re committee to prepare charter As the result of discussion, the Commissioners agreed that the committee should include representation from specifically identified groups. They also agreed that the committee must be a workable size, with estimates of eight to twelve members being identified, They further agreed that a listing of possible membership components be developed, with that list then being reviewed by the entire Commission and revised as necessary. Possible groups for inclusion on the committee are: business-retail and professional, at large, Local Government Center, environmental, developer, real estate, geographic areas, MSU, schools, interested citizen groups, senior citizens, health care and the arts community. City Manager Johnson suggested that staff develop the initial list, based on the listing above and a review of the positions on various advisory boards. He indicated that applications could then be taken, and the Commission could make the appointments. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1) Letter from the Galla.tin County Historical Society Pioneer Museum, dated March 22, inviting the Commissioners to attend a meeting of the "Go Bozeman Council", set for 10:00 a.m. on Friday, April 13, at the American Computer Museum. (2) Letter from the Parking Commission, dated March 21, forwarding their request to fill a declared vacancy on the board. (3) Copy of a notice that tree planting permits are required. (4) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, March 27, at the Courthouse. (5) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, March 27, at the Professional Building. (6) Agenda for the County Planning Board meeting to be held at 6:30 p.m. on Tuesday, March 27, at the Courthouse, along with minutes from the March 13 meeting. (7) City Manager Johnson distributed copies of SB213, which passed on second reading in the Senate today. He noted that the bill, which enables a local option sales tax, must go through third reading and then to the House. 03-26-2001 -7- (8) C!ty Manager Johnson stated that he spent part of the weekend in Helena, participating in the train ride between Helena to Garrison for legislators and their families. He noted that gave him an opportunity to talk to various legislators, with a majority of the discussion revolving around revenue issues. Mayor Youngman stated that two carloads of grassroots people went to Helena on Thursday to testify before the Senate Local Government Committee regarcling the bill on rental regulation and displacement. She indicated an executive decision is anticipated tomorrow; and City Attorney Luwe has provided possible compromise language for their consideration. (9) City Manager Johnson noted that he attended a dinner at the Senior Center on Friday evening, indicating he is impressed with the facility. (10) Commissioner Frost stated that, between reviewing the proposals for the transfer station and the 2020 plan, his week has been spent reading. (11) At Commissioner Kirchhoff's request, Staff Attorney Cooper provided an update on research on the big box ordinance, stating he hopes to have the information ready for next week's meeting. (12) Commissioner Kirchhoff indicated his interest in establishing a percent limit on the use of exterior insulated finish systems (DryVit) on projects that are subject to Design Review Board review,' and asked that a discussion of this issue be placed on an upcoming agenda. Mayor Youngman asked that this item be scheduled for a work session and that representatives from the building industry be invited to attend. (13) Commissioner Kirchhoff asked if any of the three Commissioners on the prevailing side in the decision on zoning of the Cape-France property are willing to reconsider their votes; none indicated they would. (14) Mayor Youngman submitted the following. (1) Reminded the Commissioners that the Northea'st Neighborhood Association (NENA) annual meeting will be held tomorrow night. (2) Announced that she will represent the City at a press conference at 10:30 a.m. tomorrow on tobacco prevention. (3) Stated that she was asked to make a proclamation regarding fair housing for the real estate community last week, and asked that it be placed on next week's agenda for ratification, so the official seal can be added to it. Adjournment - 8:25 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Kirchhoff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Kirchhoff, Commissioner Smiley, Commissioner Brown and Mayor Youngman; those voting No, none. MARCIA B. Your~GMAN, Mayor ATTEST: Clerk of the Commission. 03-26-2001