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HomeMy WebLinkAbout2003-07-28 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA July 28, 2003 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, July 28, 2003, at 3:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner Marcia Youngman, Commissioner Lee Hietala, Commissioner Jarvis Brown, Commissioner Andrew Cetraro, City Manager Clark Johnson, Director of Public Service Debbie Arkell, Planning Director Andy Epple, City Attorney Paul Luwe and Clerk of the Commission Robin Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - Januarv 18. 2000. and Mav 19. Mav 27. June 10. Julv 14. and Julv 21. 2003 Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, and May 19, May 27, June 10, July 14, and July 21, 2003 to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Ordinance No. 1599 - establish initial zonina desianation of "R-3A" on 20.302 acres described as a portion of lot 1. Minor Subdivision No. 253 and a portion of the SE14. SE14. SW14 and the SW14. SW14. SE14. Section 3. T2S. R5E. MPM (northeast corner of intersection of Durston Road and Flanders Mill Road): finallv adopt ORDINANCE NO. 1599 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP BY ESTABLISHING AN INITIAL ZONING DESIGNATION OF "R-3A" (RESIDENTIAL TWO-HOUSEHOLD MEDIUM DENSITY DISTRICT) ON 20.302 ACRES SITUATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, AND THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 3, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN MONTANA, GALLATIN COUNTY, MONTANA. Ordinance No. 1600 - establish initial zonina desianation of "R-3" on 0.7043-acre parcel described as a portion of Parcel A. COS No. 1328A (north side of Reminaton Way. west of South 19th Avenue): finallv adopt ORDINANCE NO. 1600 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP BY ESTABLISHING AN INITIAL ZONING DESIGNATION OF "R-3" (RESIDENTIAL MEDIUM DENSITY DISTRICT) ON 0.7043 ACRES SITUATED IN THE SE14 OF SECTION 14, 12S, R5E, PMM, GALLATIN COUNTY, CITY OF BOZEMAN, MONTANA. Commission Resolution No. 3609 -Ievvina and assessina street maintenance district assessments for Fiscal Year 2003-2004: settina public hearina for Auaust 11. 2003 07 -28-03 -------- ..--.-.-- - 2 - COMMISSION RESOLUTION NO. 3609 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2004 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY-WIDE STREET MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN AND TO EXTEND THE BOUNDARIES OF SAID DISTRICT TO ENCOMPASS ANNEXED PROPERTIES. Commission Resolution No. 3610 - levying and assessina tree maintenance district assessments for Fiscal Year 2003-2004: setting public hearing for August 11. 2003 COMMISSION RESOLUTION NO. 3610 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2004 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY-WIDE TREE MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN AND TO EXTEND THE BOUNDARIES OF SAID DISTRICT TO ENCOMPASS ANNEXED PROPERTIES. Authorize City Manaaer to sian - AcceDtance of Sewer and Water PiDeline and Access Easement and Aareement - Bozeman Lakes. L.L.C. - 30-foot-wide easement across Tract 1. Block 1. and Tracts 1 and 2. Block 2. Vallev West Subdivision (along west side of Ferguson Avenue at Cascade Street) Authorize City Manaaer to sian - AcceDtance of Sewer and Water PiDeline and Access Easement and Aareement - Bozeman Lakes. L.L.C. - 40-foot-wide easement across Tracts 2 and 3. Block 1. Valley West Subdivision (alona east side of Cottonwood Road Authorize City Manaaer to sian - AcceDtance of Stormwater Detention Basin Easement - Baxter Meadows DeveloDment. L.P. - on Tract 4. COS No. 2202A (along north side of Eauestrian Way and west of Baxter Parkway in Baxter Meadows Subdivision) Authorize City Manaaer to sian - AcceDtance of Sewer and Water PiDeline and Access Easement and Agreement - Baxter Meadows DeveloDment. L.P. - 30-foot-wide easements across Tract 2. COS No. 2202A (extending between Baxter Lane and Deadman's Gulch. west of Davis Road. in Baxter Meadows Subdivision) Authorize City Manaaer to sian - Professional Services Aareement with Morrison- Maierle. Incoo Bozeman. Montana - Sourdouah BVDass Proiect Claims It was moved by Commissioner Youngman, seconded by Commissioner Hietala, 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 Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Discussion - FYI Items (1) City Manager Johnson stated that, in light of the two recent fatalities at the intersection of Huffine Lane and Ferguson Avenue, he has asked Rob Bukvich, local office of the Montana Department of Transportation, to address possible alternatives and to respond to questions. 07 -28-03 --- ----..-- - --- --- ---------- ----------- __________ __n__________.._____ _______ . ..-.., -- - 3 - Mayor Kirchhoff noted that he and City Manager Johnson talked to County Commissioner Chair John Vincent, and he indicated a majority of the County Commissioners are concerned about this issue. He then asked Mr. Bukvich to identify possible ways to expedite enhanced safety measures, including speed limits, lane widths, striping and traffic control devices. Mr. Bukvich noted that the City has written a letter requesting a special speed zone study; and that study will be undertaken as well as a review of the operational conditions, including accesses and the locations of a majority of the accidents. He noted that the Department routinely works on striping of crosswalks at this time of the year, and striping on Huffine Lane at its intersection with Ferguson Avenue should be done either this afternoon or tomorrow. At City Manager Johnson's request, Mr. Bukvich addressed the issue of flashing yellow lights at night, noting the lights are placed on flash as an energy conservation measure. He confirmed that when the traffic lights are on flash, the pedestrian indicators do not work. He suggested that the issue be addressed on a systemwide basis, rather than concentrating on this single traffic signal, and indicated that the additional cost of operating the traffic signals continually will be minimal. He turned his attention to countdown crossing timers, noting that they have not yet been used in Montana; and there is division in the Department of Transportation about the effectiveness of those units. He indicated that the "walk" lights are based on the time it talks for a person to cross a street walking at 4 feet per second; and when the "don't walk" light begins flashing, it means one who has just entered the crosswalk will have time to cross the street before the light changes. Commissioner Youngman noted it is a natural human reaction to drive the speed limit, and the 65- mile-per-hour speed limit encourages people to outdrive safe conditions in this urban developed area with traffic entering and exiting and pedestrians. She then asked if the speed study takes development patterns and turning maneuvers into consideration. Mr. Bukvich indicated that the 85th percentile is a driving factor behind establishing speed limits. Also, the roadside factors, accidents and geometry of the road are taken into consideration. He then noted that drivers inherently consider the streetside characteristics, and development along the side of the road will tend to slow the traffic down. Commissioner Youngman expressed her support for new striping and keeping the traffic signals on instead of allowing them to revert to flash, or setting the flash cycle for later. She noted that, in the long run, things like a raised, landscaped median as people enter the community would be beneficial. She then asked if chartreuse "pedestrian crossing" signs could be posted to draw attention to the crosswalk. Commissioner Hietala stated he's not convinced the 85th percentile should apply in this instance, noting it appears traffic is pulled, not pushed, as one leaves the community on Huffine Lane. He noted that when entering the community on Huffine Lane, one is simply flying when approaching this intersection and a suddenly populated area. He suggested that the speed limit should be no greater than 45 miles per hour through this intersection. Mr. Rob Bukvich stressed the importance of recognizing that speed limits are to be set at the speed where most people drive. He cited North 19th Avenue between Durston Road and West Main Street as an example of where that has not occurred, noting that the street is posted at 25 miles per hour, but 85 percent of the drivers travel 35 miles per hour. Mayor Kirchhoff noted that city limits extend to Cottonwood Road and suggested that creating a new environment, possibly through the installation of curb and gutter and a center median, could encourage a change in driving patterns. As a result of the discussion, the Commissioners asked staff to work with the Montana Department of Transportation to take steps to improve the safety of this and other intersections in the community and to slow traffic on Huffine Lane. 07 -28-03 - 4 - Informal - Kenyon Noble Lumber Company - proposal to construct new building material sales facilitv at northwest corner of the intersection of West Oak Street and North 11th Avenue. includina 36.000-sauare-foot retail buildina and 35.200-sauare-foot warehouse for materials plus open fenced storage yard (1-03023) Included in the Commissioners' packets was a memo from Assistant Planner Jami Morris, forwarding the informal request from Kenyon Noble and the issues identified during Development Review Committee review. Assistant Planner Morris gave an overview of the proposed project. She noted that Kenyon Noble is proposing to construct a new retail building materials facility on 12 acres located at the northwest corner of the intersection of West Oak Street and North 11 th Avenue. She reviewed the surrounding land uses, which include the Oak Street Place PUD to the east, vacant land immediately to the west, followed by Bridger Peaks Village and Bridger Peaks Town Center further to the west, vacant land to the south, Aspen Meadows Apartments to the southeast, and vacant land to the north. Assistant Planner Morris noted that the Development Review Committee reviewed the initial plan submitted, which included an outparcel in the southeast corner of the site. The applicant has subsequently submitted a plan that addresses many of the comments submitted by the Development Review Committee and includes a larger site. She highlighted the DRC input, identifying issues upon which Commission comment would be appreciated. She stated the DRC determined the accessory areas cannot exceed 75,000 square feet and asked if that interpretation is correct. Also, the DRC determined the mezzanine for office space is included in the 75,000-square-foot calculation for the main retail structure. She indicated there is no limitation on the size of the outdoor storage area in the back; however, an opaque fence is required around that area. She concluded by noting that, since this property is located within the North 19th Avenue/West Oak Street corridor, development is to be done through the planned unit development process, which triggers the requirement for 30 percent open space. Ms. Kira Cey, Bayliss Architects, reviewed the two drawings submitted. She confirmed the original drawing was submitted to generate comment from the Development Review Committee, with the second one being submitted in response to those comments and located on a 25-acre parcel. She noted that traffic flow on and around the site are key issues and, to address that flow, they are proposing two accesses from North 11 th Avenue, one access from West Oak Street, and one access from North 14th Street which would be service for the buildings only and not a public access. She indicated that they have attempted to pull the building as close to the street as possible, to create an urban feel, and have moved the warehouse back on the site with a substantial amount of screening. She asked for Commissioner comments on the proposed accesses, particularly since the full access from West Oak Street is proposed at the center of the site, which is 468 feet from the intersection of North 11th Avenue rather than the 660 feet required. Mr. Rick Ogle, Kenyon-Noble Lumber Company, noted the 25-acre parcel depicted in the second drawing is an already subdivided parcel. Commissioner Cetraro indicated he has no concerns with the project. . Commissioner Brown stated he likes the second proposal, although he has a minor concern with buffering on the north end. He then recognized the proposal includes a building slightly over 75,000 square feet, but feels that can be adjusted as needed. Commissioner Youngman indicated that she, too, prefers the second design, with its relationship to the street. Commissioner Hietala expressed his support for the second plan. Mayor Kirchhoff echoed the previous comments, noting he finds the second design is superior. He recognized it is difficult to create a street environment with a built edge when dealing with large buildings and large objects, and he feels this plan comes as close as it can to meeting that desire. He also expressed appreciation for the future expansion that is proposed closer to the sidewalk. He then encouraged the applicant to use architecture, design and materials that reflect the pattern established along West Oak Street and that create a user friendly appearance. 07 -28-03 -.-.-------.. ...--..------ - 5 - Responding to questions from Ms. Kira Cey about the access from West Oak Street, Mayor Kirchhoff indicated he feels a centered access is appropriate. Planning Director Epple indicated that Director of Public Service Debbie Arkell has the authority to approve the access even though it does not meet the zone code requirements for separation. Mayor Kirchhoff thanked the applicant for the opportunity to review the plan. Discussion re possible emeraencv plan for heat days Mr. Brian Close, 406 East Olive Street, gave a brief overview of activities during the past week. He noted that on Tuesday, the GalaVan Board met and prepared a survey that was used by Meals on Wheels, the Senior Center programs, Befrienders and TeleCare. He reported the good news is that homebound seniors do not feel they are at risk and that there is sufficient coverage in terms of people monitoring them. A meeting of senior service provider organizations resulted in two conclusions, that there is a gap in GalaVan service on Sundays, which ends at 2:00 p.m.; and that there is a genuine concern for those not in the system. To address those two conclusions, it was determined that GalaVan should extend its hours to 5:00 p.m. on Sunday during the month of August, and that the group should work with the Health Department to develop public service announcements and to develop standard protocols and responses to questions. He stated the Help Line would be willing to also serve as a "hot line." Mr. Close concluded by asking that the City assist by funding the $400 to $500 cost of the additional Sunday hours during August, noting the normal schedule will begin once again in September. Responding to Mayor Kirchhoff, Mr. Close stated this is an opportune time to do a systematic review of the approach that the City and County take to extreme weather and to develop programs for both hot and cold extremes. He suggested that this might be best accomplished through the Health Department. An elderly lady stated she would like access to the Senior Center, the Library and the mall, so she can be more comfortable in the air conditioned facilities. She suggested that people could carry sack lunches to the Senior Center if it were open on Sundays. She stressed that GalaVan's cooperation is needed to make the program work, and,suggested that a later pick-up to take people to the mall or other cool facilities would be better, since many do not wish to spend the entire day away from home. She also asked if one more day could be added to the regular route, to give seniors the chance to spend three days at the mall during the hot weather. Mr. Close stated that Judy Morrill, Director of the Senior Center, has indicated it will cost $10 to $15 per hour to keep the facility open. He suggested that the mall and the movie theatres are alternate locations where seniors can remain cool, at no additional cost to the City. Commissioner Cetraro stated he would like to see a plan in writing before acting on the request, particularly because of potential future impacts. He noted it is extremely difficult for him to act on an issue without the appropriate documentation before him. Mr. Jeff Rupp, Human Resource Development Council, stated that Mr. Mike Hope called to say his mother, who lives in Phoenix and is dependent upon public transportation, has made a donation to GalaVan targeted to the issue being discussed. He indicated that, in this situation, the private sector has responded to the newspaper articles with a generous donation that is beyond the amount requested by Mr. Close. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Commission endorse extending GalaVan operations on Sundays to include the hours from 2:00 p.m. to 5:00 p.m. during the month of August, extend thanks to Mike Hope's family for the generous donation which covers those costs, and support the development of a long-term plan to address extreme weather needs of the elderly and handicapped through coordinated efforts of various groups, including the Senior Citizens Advisory Board and the City-County Board of Health. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. 07 -28-03 n. un__.__.__"..._ - 6- Discussion re petition for modification of conditions for Cattail Creek Subdivision. Phase I. and Baxter Meadows Subdivision. Phase II Included in the Commissioners' packets was a memo from Planning Director Andy Epple, dated July 23, 2003, forwarding the petition for modification of conditions and seeking Commission direction. Planning Director Epple briefly reviewed his memo. He noted that Cattail Creek Subdivision, Phase II, has provided a financial guarantee for paving of Davis Lane but is requesting that the financial guarantee be extended to next spring, that filing of the final plat for Phase II be allowed and that building permits be issued without the completion of that improvement. He stated that the Development Review Committee informally reviewed this request in late May and forwarded comments to City Manager Johnson, who sUbsequently wrote a letter to attorney Cindy Younkin. Ms. Cindy Younkin, attorney representing Jerry Williams, Baxter Meadows Development, L.P., distributed a map showing accesses from North 19th Avenue to Cattail Creek Subdivision via Deadman's Gulch (Cattail Street) and Catron Street. She noted that the portion of Davis Lane to be paved is between Baxter Lane and Cattail Street, which is approximately one-half mile. She stressed that paving of Davis Lane north of Cattail Street is not the responsibility of either Cattail Creek Subdivision nor Baxter Meadows Subdivision at this time. Ms. Younkin noted that Cattail Creek Subdivision is required to provide two paved entrances. At this time, Catron Street is paved and in use, and Cattail Street is to be paved in the near future. With those accesses in place, paving of Davis Lane is not necessary at this time, particularly since a majority of the traffic will use the two paved accesses to the east. She noted that this requested modification of conditions will allow for the paving of Davis Lane in conjunction with Baxter Meadows, Phase III. Mr. Williams is currently working on Phase II of that subdivision and anticipates work on Phase III will begin next year. She stressed this modification does not remove the requirement to pave Davis Lane, it simply allows for deferral of that improvement. Ms. Younkin stated that Mr. Williams has been working with another attorney in the firm on an SID/RID for improvements to West Oak Street, Ferguson Avenue, Baxter Lane and Davis Lane in a comprehensive and coordinated manner that ensures installation ofthose major streets in a single package. Responding to Mayor Kirchhoff, City Manager Johnson stated he does not feel anything has changed since his letter dated June 2. Director of Public Service Debbie Arkell confirmed the Development Review Committee was aware that Cattail Street would serve as a secondary access when it informally reviewed this issue in May. Ms. Sandy Hamilton, SANDAN, LLC, stated that paving of Cattail Street through Cattail Creek Subdivision will begin within the next two weeks and then paving of that street from the west edge of Cattail Creek Subdivision to North 19th Avenue will start, with the entire project to be finished by the end of September. She then indicated that a majority of the people from Cattail Creek Subdivision, roughly 80 percent, will use Catron Street or Cattail Street rather than Davis Lane. Mr. Jerry Williams stated Sandy Hamilton approached him about paving Davis Lane for a second access because she could not get permission from Gene Graf to extend Cattail Street through Gallatin Center Subdivision to North 19th Avenue. Since he was working on water and sewer extensions for Baxter Meadows Subdivision, he agreed to cooperate on improvements to Davis Lane to provide a more coordinated project. He stressed that improving the road in a comprehensive and coordinated manner through an SID would be preferable, noting that he feels the delay in improvements to allow that coordination will result in a better project overall. Responding to Mayor Kirchhoff, Director of Public Service Debbie Arkell stated the memo dated May 29 reflects Engineering staff's recommendation. She stated that when property adjacent to an arterial or a collector street is subdivided and more than 100 trips per day are generated, that adjacent road needs to be paved. She noted that if 20 percent of the residents from Cattail Creek Subdivision use Davis Lane, that will result in more than 100 trips per day. She suggested that, if the Commission wishes to give favorable consideration to this request, someone must be made responsible for dust control on Davis Lane, since that is not an operation done by the City. 07 -28-03 -.-..-.----..- --- .------ ---.--. - - ...-.".--..--..-. .------- - 7 - Responding to Commissioner Brown, the Director of Public Service confirmed that the developers could request a payback for paving of Davis Lane or, if paving of Davis Lane is listed in the capital improvement program, they could seek impact fee credits. Ms. Cindy Younkin stated that Baxter Meadows is willing to grade the road and fill potholes, and would work with SANDAN on providing dust control. She noted that Baxter Meadows is willing to improve Davis Lane in conjunction with Baxter Meadows Subdivision, Phase III, if the SID isn't created. Ms. Sandy Hamilton stated the final plat for Phase II of Cattail Creek Subdivision will probably be filed in October, with building permits issued after that but construction not beginning until next spring. As a result, there will be no traffic from this subdivision until late next summer. Responding to Commissioner Cetraro, City Manager Johnson stated the condition under consideration was originally assigned to SANDAN, with paving required to be done by September of this year. That improvement has been financially guaranteed and, because it won't be done by that deadline, the City plans to exercise the guarantee although the work will not be completed until next spring. He noted that, hopefully, the special improvement district will be created prior to that time. Commissioner Youngman expressed appreciation for the developers of Cattail Creek Subdivision and Baxter Meadows Subdivision working together. She stated this request, however, violates subdivision regulations and, as a result, she feels the City does not have the option of stretching out the required improvements any further. Commissioner Brown stated he supports the recommendations ofthe professional staff and agrees that the normal procedures must be followed. Commissioner Hietala stated he is interested in seeing the improvements done in a reasonable manner and, as a result, feels the requested modification is appropriate. Mayor Kirchhoff indicated his concurrence with Commissioner Brown's comments. It was moved by Commissioner Brown, seconded by Commissioner Youngman. that the Commission deny the petition for modification of conditions relating to Cattail Creek Subdivision, Phase I, and Baxter Meadows Subdivision, Phase II, based on the following findings: (1) improvements to Davis Lane are necessary with Cattail Creek Subdivision as it serves as a secondary access to facilitate traffic (not an emergency access) to the major subdivision; (2) the current conditions of Davis Lane resulting from hydric soils and high groundwater conditions, which cause a substantially high level of frost heaving and soil shrinkage, are unacceptable as a maintained gravel road standard for a major subdivision that will generate high levels of traffic; (3) representatives of the Fire Department and Street Department are concerned with driving heavy emergency and maintenance vehicles on an unsafe road with no pavement, curb or gutter; (4) dust control will be a problem with the level of traffic generated by a major subdivision and will get worse with increased traffic generation; and (5) regardless if Davis Lane serves as a principal, secondary or emergency access, it will be used by residents and individuals who will work and reside in a major subdivision that is designed as a mixed use development. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Youngman and Mayor Kirchhoff; those voting No being Commissioner Hietala and Commissioner Cetraro. Executive session - evaluation of City Manaaer and Clerk of the Commission At 4:36 p.m., Mayor Kirchhoff announced that, pursuant to Section 2-3-203(3), Montana Code Annotated, the Montana Constitution and the Montana Supreme Court rulings, he, as presiding officer, has determined that the right to privacy clearly exceeds the merits of public disclosure and announced that the employees have not waived their right to privacy. He then called an executive session for the purpose of evaluating the Clerk of the Commission and the City Manager and requested that all persons except the Commissioners, City Manager and the Clerk leave the room. At 5:45 p.m., Mayor Kirchhoff closed the executive session and reconvened the open meeting. 07 -28-03 . . .. . --.-- .--..--.--..-..-.. . ..----.. . --. ....-.----.- - 8 - Recess ~ 5:45 p.m. Mayor Kirchhoff recessed the meeting at 5:45 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearing and completing the routine business items. Reconvene ~ 7:00 p.m. Mayor Kirchhoff reconvened the meeting at 7:00 p.m. Update re library proiect ~ Librarv Board of Trustees member Holly Brown Library Board of Trustees member Holly Brown gave a very short update. She noted that, with activity beginning on the site, the Board feels updates on a relatively consistent basis are appropriate. She noted the remediation work is going smoothly, with preparation work being done and hauling of materials beginning. To date, 600 to 800 tons of material have been removed from the site and taken to the landfill. Those operations will be closed down on Wednesday afternoon for the Taste of Bozeman and on Friday for Sweet Pea, although some on-site work may continue during those times. The Library will have a booth near the property during Sweet Pea with the model of the new library available for public review, people to talk about the project, and someone from the Library Foundation who can accept donations. Ms. Brown noted that one RTI staff person is monitoring operations at the landfill, to ensure the trucks go through the appropriate process before leaving the site; and three RTI staff members and one DEQ staff person are monitoring operations at the remediation site. She noted that air monitoring is in effect, and RTI staff is addressing any inquiries. She then noted that the CALA letter has been submitted to DEQ, and the consultant is gathering the additional information requested, to present at the August 25 meeting. She then indicated that, if the Commission wishes, weekly air monitoring reports can be provided to them. Responding to Commissioner Hietala, Ms. Brown stated the current loads are triple wrapped and the vehicles are decontaminated before leaving the site. She indicated that, as the type of material changes, the hauling requirements will change. The Commission thanked Ms. Brown for the update. Public hearing ~ Certificate of Appropriateness to allow construction of a aaraae with office/guest room on the second floor on Lot 1 and the north 20 feet of Lot 2. Block 6. Fairview Addition. with deviations from Section 18.50.050.F.1.. Bozeman Municipal Code. to allow the QaraQe to encroach 5 feet into the reauired 10.foot rear yard setback: from Section 18.50.060.C.1.. to allow the garaae to encroach 13 feet into the reauired 15.foot corner side vard setback: and from Section 18.50.050.G.. to allow the aaraae/office to occupv more than 25 percent of the rear vard . Mark Hodason. 501 South Tracv Avenue (Z.03153) This was the time and place set for the pUblic hearing on the Certificate of Appropriateness requested by Mark Hodgson under Application No. Z -03153 to allow the construction of a garage with officel guest room on the second floor on Lot 1 and the north 20 feet of Lot 2, Block 6, Fairview Addition, with deviations from Section 18.50.050.F.1., Bozeman Municipal Code, to allow the garage to encroach 5 feet into the required 10-foot rear yard setback; from Section 18.50.060.C.1., to allow the garage to encroach 13 feet into the required 15-foot corner side yard setback; and from Section 18.50.050.G., to allow the garage/office to occupy more than 25 percent of the rear yard. The subject property is located at 501 South Tracy Avenue. Mayor Kirchhoff opened the public hearing. Distributed just prior to the hearing was a letter from David and Teri Scott, 423 South Tracy Avenue, identifying serious concerns about the process and requesting denial. In light of the letter just received, Planning Director Epple requested that the public hearing be continued to August 18, to give staff time to readvertise the pUblic hearing and to give the public an opportunity to review the revised drawings that have been submitted. 07 -28~03 ------.--.- -9- It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the public hearing be continued to August 18, per staff's request. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No, none. Presentation of CAHAB recommendations re affordable housina policv Included in the Commissioners' packets as a letter from Brian LaMeres, Chair of the Community Affordable Housing Advisory Board (CAHAB), dated July 21, 2003, forwarding the Board's recommendations. Also included in the packet was a letter from Jeff Rupp, Executive Directorofthe Human Resource Development Council, dated July 23, asking the City to provide $100,000 in funding for the down payment assistance program. Ms. Caren Roberty, staff person for the Community Affordable Housing Advisory Board, stated the recommendations before the Commission reflect eighteen months of work by the Board. She gave a brief overview of the process, which included the hiring of Bay Area Economics (BAE) to do a housing study, talking to a variety of people and groups within the community, and looking at best practices throughout the country and adapting them to Bozeman. She reviewed the guiding principles that the Board followed through this process, which include: (1) developing affordable housing should be the responsibility of the entire community; (2) an on-going supply of affordable housing must come from the private market; (3) let the market dictate the price and the product as much as possible; (4) to maintain quality and diversity, subsidize the purchaser rather than the developer; (5) public funds are necessary to develop housing for very low income persons with specific barriers to obtaining and maintaining housing; (6) providing an on- going supply of affordable housing is critical in attracting new businesses and retaining existing businesses; and (7) employees cannot do well in their jobs when they do not have safe, decent, secure and affordable housing. Ms. Roberty stated that, based on the guiding principles listed above and the information garnered from the consultant's report, research and discussions, the Board identified eight strategies to support the seven housing priorities identified in the City of Bozeman Affordable Housing Needs Assessment prepared by Bay Area Economics. She reviewed each of those strategies, as follows. 1. Standardize housing affordability guidelines. Ms. Roberty noted there are currently a variety of guidelines for affordability. Under this proposal, the HUD City of Bozeman Area Median Income information or, if not available, the HUD Gallatin County Area Median Income (AMI) would be used as the basis for determining affordability. The guidelines would target affordability for homeowners in the 61 to 100 percent of AMI range, and affordability for renters in the 40 to 60 percent of AMI range. 2. Increase affordability through regulatory and process reforms. 3. Require restricted size lots (RSL) and restricted size units (RSU). Ms. Roberty noted it is the Board's expectation that requiring the provision of a certain percentage of restricted lot sizes within a subdivision, with restricted size units attached, will result in some more affordable units within the community. 4. Create a home ownership program. 5. Develop "very low income units" using building fee waivers, impact fee reimbursements and/or cash incentives. Ms. Roberty suggested that deed restrictions could be used to track and enforce the affordability of these units. She noted that under this recommendation, a developer would be reimbursed 100 percent of the development fees for one and two-bedroom units and 200 percent of the development fees for three and four-bedroom, two-bathroom, units. These fees would be reimbursed only after the unit has been rented or sold at an affordable level and the level of income of the tenants or owners certified. This reimbursement provision could be applied to no more than 50 percent of the units in a development. 07 -28-03 . ...-----.----------.---.---.--.------------- . ..___._m - 10- Responding to Mayor Kirchhoff, Ms. Roberty stated the community has not been able to identify other mechanisms for providing housing for those at or below 40 percent of area median income for rentals, or at 60 percent for home ownership; and this is an attempt to meet that need. 6. Provide additional financial contributions. Ms. Roberty noted this could include land grants, low-interest loans and/or infrastructure assistance. She stressed that these would be considered on a case-by-case basis. 7. City participation. Ms. Caren Roberty asked that the Commission dedicate a minimum of $200,000 annually to the CAHAB fund, suggesting that 50 percent of the fees for big box stores be earmarked for affordable housing. Responding to Mayor Kirchhoff, Ms. Roberty stated that some of the monies would be used for the home ownership assistance program, noting that it can be used to leverage on a 5 to 1 basis. 8. City land. Ms. Roberty suggested that if the City receives 10 acres or more to meet the affordable housing requirements, a model subdivision be designed to showcase the goals of the Bozeman 2020 Community Plan, and serve as a model for others. General discussion. Responding to Commissioner Cetraro, Planning Director Epple stated that, if the Commission wishes to adopt some or all of these strategies, staff would be willing to make the necessary changes in the draft unified development ordinance to accommodate them. He noted that, with incorporation of these items into the new ordinance, he anticipates these requirements could be met through the standard processes rather than triggering the planned unit development process. He stated that hearings on that ordinance have been scheduled for September; and he expects it will take a month to complete any rewrites resulting from those hearings, then adoption of an ordinance enacting the new regulations. Mr. Mark Evans, Executive Director of the Southwest Montana Building Industry Association (SWMBIA), distributed copies of a letter dated July 28, noting the industry is concerned about affordable housing. He recognized that home ownership is a goal for everyone, and one that should have support of the community. He stated that study after study has shown the positive benefits of home ownership, but that importance is often overlooked. He noted that the 2000 census reveals the percentage of home ownership in Bozeman is lower than the national average, and steps should be taken to increase it. Mr. Evans stated that SWMBIA supports Strategy Nos. 1, 2, 4, 6, 7 and 8, as listed above, noting they will result in the production of more units and increase home ownership opportunities; however, the organization does not support Strategy Nos. 3 and 5 as drafted because of many unanswered questions and concerns that they will not result in the production of units. He noted that those strategies either don't promote home ownership or do so by sacrificing affordability for the market rate purchasers. He asked the Commission to schedule a work session with members of SWMBIA, the Community Affordable Housing Advisory Board, the Chamber of Commerce, developers, and any other interested parties prior to taking action on these recommendations. Commissioner Youngman asked if there are any Commissioner questions to be sent back to the Board. She voiced her support for holding a work session on this item, but suggested that having Commissioners' questions answered prior to that session might be helpful. Mayor Kirchhoff asked where the stimulus for the desired activity is. He noted that the City is asked to earmark monies to cover a 100-percent payback of fees, but the additional labor required to provide adequate documentation is not covered. He then indicated his desire to make sure there is a track record behind each of these recommendations that assures the desired result will be attained. Commissioner Hietala stated he has not yet received survey results that he feels he was promised. Further, he feels the data provided was skewed by inclusion of the student population, and he thought revised data with the student population removed was to have been provided so the demand could be more 07 -28-03 --------- - 11 - clearly identified. He indicated that he would like to support the program, but needs that data before being able to do so. He concluded by stating he supports the letter written by the Chamber of Commerce in which they suggest relaxation of secondary street standards, indicated support for the recommendations of SWMBIA, and encouraged more vertical structures, possibly with increased height limitations. Commissioner Brown asked if MSU students are excluded from affordable housing subsidies, and if minimum age requirements will be attached to assistance. He asked if additional City staff will be required to administer the program, if the Neighborhood Coordinator might assume those duties, or if another organization, such as HRDC, might assume some of the work. Responding to questions from Commissioner Brown, Planning Director Epple confirmed that at the present time, only development occurring under the planned unit development process with a single developer is eligible for concurrent installation of infrastructure and development of lots. He agreed that No. 2 under Strategy 2 should possibly be revised to reflect the requirement that a single developer be involved. Commissioner Brown suggested that No. 1 under Strategy 3 be clarified by stating it applies to residential units only. Commissioner Youngman suggested that NO.2 under Strategy 3 be clarified to reflect that only one attached single-family unit would be located on a 2,500 to 3,000 square foot lot, with a zero lot line requirement to allow the units to be attached. Responding to questions from Commissioner Brown about the language in NO.3 under Strategy 3. Planning Director Epple stated the Board grappled with the language needed to ensure that a smaller unit is placed on a restricted size lot. He noted that the total square footage is as important or more important than the footprint, so it was determined the floor area should be used in calculating the ratio to lot size. Commissioner Brown expressed concern with the wording "building fee waivers" and suggested it be changed to "reimbursement." Planning Director Epple suggested that the term "building permit fees" would be more appropriate. Further responding to Commissioner Brown, the Planning Director indicated that the language in No.2 under Strategy 7 can be clarified to more accurately reflect its intent. Commissioner Brown expressed concern with the language under Strategy 8, and asked that it be revised. He indicated that he could support the concept of applying the requirement to donated land that is suitable for residential use. However, he noted the City recently purchased 85 acres of industrial land and does not feel this requirement should be applied to that land; nor should it apply to any land purchased by one of the City's enterprise funds. Commissioner Brown stated he has a problem with relaxing building standards for affordable units, characterizing that as short sighted and leading to a community that is not nice. Commissioner Brown then asked how the request for $100,000 from HRDC fits into the strategies and if the County will match it. Commissioner Cetraro noted that, throughout the report, it talks about more restrictions that he's not comfortable with. He stated these recommendations will make it hard for for-profit organizations to qualify for the money. He then indicated he shares many of the concerns expressed by the other Commissioners. Commissioner Youngman asked, under Strategy 7, how many units might be created with the monies requested and how that correlates with the consultant's recommended number of units needed per year. She noted it is important to help the community understand why the number of units needed is not being created and to justify the need for a budgetary commitment. Commissioner Youngman then asked Ms. Roberty to remind the Commission of the connection between the original consultant recommendations and the recommendations forwarded by CAHAB, noting these are much softer, are voluntary rather than mandatory, and are less ambitious. 07 -28-03 .......--.-----.-.---. - 12 - Ms. Roberty asked that she be given an opportunity to do research and to meet with the CAHAB prior to providing responses to these questions. Mayor Kirchhoff stated he feels a work session is a good idea. He set an August 11 deadline for receiving responses to the questions identified, and indicated that deadline will also apply to additional input that any organization or individual wishes to provide. He also asked that a work session be scheduled for the August 18 Commission meeting. He then concluded this agenda item by thanking the Community Affordable Housing Advisory Board members for their work on this issue. Public comment (1 ) Mr. Thomas Mosser, 122 West Main Street, distributed three letters, as follows: (1) copy of a letter to Jan Ward, Trust Land Management Division, dated July 28, opposing sale of the Armory to the City of Bozeman; (2) letter to the Commission dated July 28, forwarding a copy of the letter to Jan Ward to the City; and (3) copy of a letter to City Attorney Paul Luwe, dated July 28, requesting that the public documents previously requested in a letter dated July 3 be provided. Mr. Mosser expressed concern about the process that has been followed for acquisition of the Armory, particularly since it appears the City Manager is acting without authority from the Commission. He also cited the Mayor's comments during a July 16 broadcast on Yellowstone Public Radio, in which he indicated the City would sell the Armory at public auction. (2) Ms. Lori Guyer, Assistant Principal at Bozeman High School, distributed to the Commission copies of a letter from her and Principal Godfrey Saunders to the County Commission, dated July 22, requesting a reduction in the speed limit on Huffine Lane near its intersection with Ferguson Avenue. She stated that David Brock was a freshman, and Veronica Mason was the parent of a student at Bozeman High School. She noted that people have been calling the school, and she has heard many people in the community express concerns about the speed and how to get the speed limit reduced. Mayor Kirchhoff responded that Mr. Bukvich was present during the afternoon portion of the meeting, and gave a synopsis of that discussion. Responding to questions from the Commission, Director of Public Service Arkell stated that a conversation with Jeff Ebert, District Administrator for the Montana Department of Transportation, revealed that they are proceeding with a speed study along Huffine Lane. She cautioned that, while the Department may grant a local government permission to hang banners or flower baskets, surfacing of the road and setting of speeds is entirely under their purview; and local government is limited to requesting and commenting. (3) Ms. Holly Brown stated that the developers who are responsible for the installation of a traffic signal at the intersection of Huffine Lane and Cottonwood Road have submitted the engineering work for review and approval by the City of Bozeman and the Montana Department of Transportation. She indicated that once those plans are approved, the signal will be installed and will hopefully help to slow traffic as it approaches the Ferguson Avenue intersection. (4) Mr. Jeff Rupp, Executive Director of the Human Resource Development Council, stated that his letter dated July 23, which was included in the previous agenda item, is a request for funding on which he desires action prior to the August 18 work session. He noted that the request is for $100,000 from the City to serve as a match for the Community Development Block Grant application being sponsored by Gallatin County for a down payment assistance program. The City Manager indicated this item will be placed on next week's agenda for action. Discussion (continued) - FYllterns The following "For Your Information" items were forwarded to the Commission. 07-28-03 ------- ---- ______. - ._n_.._____n..._n_.".. __._____.._ _._....___... _,,_.n - 13 - (2) Copy of a letter from Director of Public Service Debbie Arkell to J. Dwayne Heap, dated July 22, in response to the request for a four-way stop at the intersection of West Garfield Street and South Willson Avenue. (3) Copy of a letter from Director of Public Service Debbie Arkell to Michael Vincent, dated July 21, in response to his request for night parking on side streets for residents in the downtown. (4) Copy of a letter from Director of Public Service Debbie Arkell to the Montana Department of Transportation, dated July 25, requesting a speed study on Huffine Lane between West College Street and Ferguson Avenue. (5) Copy of an e-mail message to Director of Public Service Debbie Arkell from Glenn Puffer, 710 South 16th Avenue, expressing concern about any delay in reducing the speed limit on Huffine Lane. (6) Copies of letters from the Department of Natural Resources and Conservation Trust Land Management Division regarding sale of the Bozeman Armory to the City of Bozeman. (7) Calendar of events for preparation of the budget for Fiscal Year 2003-2004. (8) Listing of planning items to be considered at upcoming Commission meetings, dated July 23, 2003. (9) Comments submitted by David Smith, Chief Executive Officer of the Bozeman Area Chamber of Commerce, regarding the affordable housing recommendations, along with a list of questions for Commission candidates identified by the Chamber of Commerce. (10) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, July 29. in the Commission Room. (11 ) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, July 29, at the Professional Building. (12) Agenda for the special joint City Planning Board/Zoning Commission meeting to be held at 7:00 p.m. on Tuesday, July 29, in the Commission Room. (13) Notes from the July 9 meeting of the Bozeman Area Bicycle Advisory Board. (14) Planning Director Andy Epple showed the Commissioners "before" and "after" pictures taken on West Main Street after the billboard sign near the old Bob Ward building was removed. He also noted that the large, tall sign at Ferraros on North 7th Avenue was recently replaced with a low monument sign. (15) City Attorney Luwe announced that the underwriting committee for the Montana Municipal Insurance Authority (MMIA) discussed land use and zoning insurance coverage at its meeting last week, and is now prepared to forward a recommendation to the full board for approval of that coverage. (16) Director of Public Service Debbie Arkell reminded the Commissioners of the Sweet Pea parade on Saturday. She noted that the firemen and their families have historically ridden on the ladder truck; and the Public Works Department is doing a float. She invited the Commissioners to ride on the float and help chaperone the children. Mayor Kirchhoff requested that the Director e-mail the Commissioners with the schedule for working on the float as well as the time to arrive for riding on the float. Commissioner Youngman asked if the Commissioners wish to wear the Bozeman T-shirts on the float; they all agreed to do so. Adjournment - 8:50 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the meeting be adjourned. The motion 07 -28-03 ---..-...--..- - 14- carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. A-~ - STEVENR.K C .~ ATTEST: ~oI~ R B N L. SULLIVAN Clerk of the Commission 07 -28-03 _..._~