Loading...
HomeMy WebLinkAbout1998-09-28 Minutes, City Commission --.-- -.----.-.---.- ---- MINUTES OF THE AGENDA MEETING/WORK SESSION OF THE CITY COMMISSION BOZEMAN, MONTANA September 28, 1998 ***************************** . The Commission of the City of Bozeman met in agenda meeting and work session in the Commission Room, Municipal Building, on Monday, September 28, 1998, at 3:00 p.m. Present were Mayor Stiff, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, City Manager Johnson, City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Aaenda Meetina . for regular meeting and public hearings to be held on October 5. 1998 Since this is an agenda meeting, only those issues requiring staff action are contained in the minutes. . City Manager Johnson briefly reviewed the background information which was included in the Commissioners' packets. (5 & 6) Assistant Planning Director Debbie Arkell gave an overview on behalf of Associate Planner Chris Saunders. City Attorney Luwe advised the Commission that the decisions on these applications should be tabled until after the effective date of Ordinance No. 1479. Responding to City Manager Johnson, the City Attorney stated that the moratorium currently in effect must be removed by ordinance, as provided in the ordinance which implemented the moratorium. He then indicated that Ordinance No. 1479 does include the repealing of the moratorium, and that will occur on the effective date of the ordinance, which is November 20. . Assistant Planning Director Arkell noted that under the new ordinance, the proposed facility at Riverside would be subject to a site plan review while the facility on Kenyon Drive would be subject to the conditional use process. She stated the applicant is aware of that change but chose, instead, to proceed with the conditional use process on both facilities. She stressed that, since the applicant has chosen the process, the new ordinance will not change 09-28-98 ----.- ---- u__ ---- --. ~ 2 - the mechanism for review of the facility at Riverside, even if the Commission delays action until after the effective date of the ordinance. The City Attorney encouraged the Commission to table action on these applications until the first meeting after the effective date of the ordinance. He then stressed that after the . Commission's decision, the applicants must still negotiate with the owners of the facilities to install the towers. (9) Staff Attorney Tim Cooper gave a brief overview of the ordinance and then distributed copies of suggested revisions to be made to the ordinance prior to provisional adoption. He then indicated that he has prepared a chart which shows in what districts these facilities are allowed and under what process. He then asked for feedback on the proposed revisions. Commissioner Rudberg asked if this ordinance will affect ham radio antennae; City Attorney Luwe stated it does not. (4) Planning Director Andy Epple gave an overview of this application, noting that it was originally placed on the agenda for September 21 but, because of the time-consuming . process needed to address issues raised during the Planning Board hearing, staff was unable to prepare the information in time for that meeting. He then reviewed the main issue, which revolved around the Development Review Committee's recommendation that the applicant be required to construct North 25th Avenue to near City standards, with 28 feet of pavement and curb, gutter and sidewalk along the east side, and the original condition for approval which identified the applicant's responsibility of one-half a local street standards, which would be 16 feet of pavement. He stated that the Planning Board forwarded a recommendation that the applicant be required to construct North 25th Avenue from West Beall Street to a point just north of West Villard Street with 24 feet of paving and curb, gutter and sidewalk along the east side of the street. He noted that both staff and the applicant recognized that the result was a road with no access to Durston Road so, following that meeting, the applicant met with staff, . and staff's suggested alternative is that the applicant be required to pave North 25th Avenue from West Beall Street to Durston Road to a 24-foot width, with curb, gutter and sidewalk along the east side of the street, salvaging the paving that already exists at and immediately north of West Villard Street. He then indicated that staff will draft the conditions, including that suggested alternative. 09-28-98 - --.-- - 3 - Responding to questions from Commissioner Frost, the Planning Director stated the applicant typically constructs two phases at a time, and he will commence with Phases VII and VIII in the near future. He then indicated that the improvements to North 25th Avenue must be installed before Phase X under the recommendations of the Planning Board. He also noted . that the ditch along North 25th Avenue must be relocated, and the applicant proposes to move it between into the narrow space between the sidewalk and the caragana hedge. Responding to Commissioner Rudberg, the Planning Director indicated that the minutes and the resolution from the Planning Board will be included in next week's packet. (7) Assistant Planning Director Debbie Arkell gave the background information on this preliminary plat. She noted that Phase II has been divided into Phases lIa and lib because of the City's first right of refusal on southeast corner of development. She then distributed copies of three letters received at or prior to the Planning Board meeting, noting that two people also spoke at the hearing. She noted that, while the developer has no problem with the first right of refusal on the seventeen lots in the southeast corner of the subdivision, he has asked that a reasonable period of time for exercising that option be added. She then suggested that if the . City wishes to exercise the option, it should be done before the design and installation of the road. She noted the applicant's concern that failure to exercise this option in the near future could result in delaying the sale of those lots. City Attorney Luwe stated he has talked to Joby Sabol, attorney for the applicant, and proposed that the City and the applicant enter a written agreement that gives the City the first right of refusal. He noted that, since the lots will not be created until after this preliminary plat has been approved, the first right of refusal on those lots cannot be granted or exercised. Responding to the City Manager, the City Attorney stated that the streets and water and sewer services must be installed before the final plat is filed. He then noted that the lots could be sold into an escrow account between the preliminary plat approval and filing of the final plat. Commissioner Frost reminded the Commission that he will not be present at next week's . meeting. Commissioner Youngman noted that some people have expressed interest in acquiring this property for open space, but they did not anticipate the preliminary plat for the second phase would be filed so quickly after the filing of the final plat for the first phase. 09-28-98 - 4 - Responding to questions from the Commission, Assistant Planning Director Arkell stated that approximately 10 acres are involved in the 17 lots proposed in the southeast corner of this subdivision, and the applicant has projected the costs of the lots at $45,000 to $50,000 each. Commissioner Youngman suggested delaying the decision on this application until . October 1 2 since Commissioner Frost will be gone next week; Commissioner Rudberg reminded the Commission that she will be gone on both October 12 and October 19. Responding to comments from the Commission, Assistant Planning Director Arkell stated that the PUD final site plan included the provision that the first right of refusal would be in conjunction with Phase II. Commissioner Youngman stated that, if the differences between the exhibits and the acreages of open space in the written document had been known before action was taken on the planned unit development, it would not have been approved. She then noted that the Recreation and Parks Advisory Board is concerned about the stretch of the Sourdough Trail that abuts the property line and has suggested that native vegetation be required as a buffer. She also raised concerns about that portion of the 100-year floodplain on Lot 67, and suggested . that steps be taken to ensure that that portion of the lot is not filled or constructed upon, possibly through a deed restriction. (12) City Attorney Luwe stated there will be a number of additional consent items on next week's agenda. (21 ) Senior Planner Dave Skelton stated the applicant has requested that this public hearing be continued to October 19. He stated the Design Review Board has reviewed this proposal and, on a 2 to 2 vote, forwards no formal recommendation. He noted that all of the members support the construction of the fence, and the division arose on the encroachment issue. He indicated that, since a fence is considered a structure, it is subject to a building permit, and that has prompted the need for a deviation. He stressed that the real issues revolving around this fence pertain to the Alderson Place development and the required . common open space area. He noted that all members of the homeowners' association support the fence and encroachment into the streambank setback. The Senior Planner stated that, because of the issues which have been raised, staff may request a further delay in consideration of this application, because of the time that will be involved in research and verifying all of the conditions that were attached to the original 09-28-98 - 5 - approval of this development. He then noted that he has asked Mr. Daines to provide proof that the final plat for this development has been filed, since it occurred just at the transition on the processing of condominium developments. The Senior Planner noted that people who use the trail and who previously spoke in . opposition have since become supportive of this proposal. He cautioned that concerns have been raised, however, that the fence could provide life safety concerns, either at Mathew Bird Creek or the pond, depending on where it ends. (22) Senior Planner Skelton stated that staff has recommended denial and the Planning Board has recommended approval; and at next week's meeting, he will be forwarding the Board's recommendation. He noted that there will be a significant amount of discussion regarding development opportunities and discussion about the extension of infrastructure to the site. He noted that the subject property is located outside city limits but within the sewer service boundary. Responding to Commissioner Frost, the Senior Planner stated that comments have been received from only one neighbor as of this date. He then indicated that there is no time limit . on acting on this application. Commissioner Frost asked that action on this application be delayed until he returns; Commissioner Rudberg asked for further delay until she returns. Senior Planner Skelton indicated he will inform that applicant that a Commissioner will be absent from each of the next three meetings, noting that if sufficient protest is received, it could impact the decision requirements. (additional item) City Manager Johnson stated that at the time the agenda was prepared for next week's meeting, the ordinance enacting the zone code amendment regarding variances was not completed, but it now is. He noted that if the Commission wishes to act on it at next week's meeting, the Commissioners must request that it be added since it is a line item. . A majority of the Commissioners requested that this item be added to next week's agenda for provisional adoption. Break - 4:27 to 4:30 D.m. Mayor Stiff declared a break from 4:27 p.m. to 4:30 p.m. to allow the Commissioners 09-28-98 . --- -~ ----.----.--,---.,. --...- --... ___".._.. __.n - 6 - and staff an opportunity to prepare for the work session. Roll Call. Pledge of Allegiance and Moment of Silence The meeting was opened with the roll call, Pledge of Allegiance and a moment of . silence. Work Session - (A) Discussion re Drocessina of claims: (8) Presentation re writina of minutes - City Attornev Luwe: and (C) Discussion re affordable housing (A) Discussion re processing of claims Included in the Commissioners' packets was a memo from Administrative Services Director Miral Gamradt, dated September 15, forwarding a brief outline of the requested change in the manner in which claims are processed. Administrative Services Director Gamradt stated that under the proposed change, claims will be processed on a weekly basis instead of every two weeks. He noted that, since the Commission acts only every other week, one-half of the claims would be paid prior to Commission approval; and that is acceptable from a legal standpoint. He noted that, to . accommodate any concerns the Commissioners may have, the listings of the claims to be paid will still be available for Commissioner review on late Friday and Monday each week; and any claims that might be deemed as controversial can be held and included only on lists on which the Commissioners take action prior to payment. He stressed that those instances should arise only rarely. The Commissioners indicated general concurrence with the proposed change. (C) Discussion re affordable housing City Manager Johnson stated have, previously distributed to the Commission, was a packet of information on affordable housing options, as compiled by Intern Joni Killebrew. He noted that Ms. Killebrew is now working in the Planning Office full~time and will, therefore, not . be available to serve as staff person on this project. Mayor Stiff thanked Ms. Killebrew for her work, noting it has provided a good basis from which to begin discussion. He asked that each Commissioner, in turn, give his or her initial comments on the information contained in the packet. 09-28-98 _._no ___ -. ...-...-- - 7 - Commissioner Frost stated he views this as a good start, with a substantial amount of good information, but he feels that regulatory reform is imperative. He noted that a strong commitment to affordable housing is essential to implement options like mixed use zoning. He then indicated that he is not interested in spending a lot of time on a document that will just . sit on the shelf. Commissioner Youngman stated she views the document as fleshing out policy and preparing for the writing of code changes to implement policy. She noted that with Joni Killebrew now working in the Planning Office, she could possibly be assigned to drafting code language to implement some of the ideas in this document. She then suggested that several of the ideas in this packet of information could be combined, and suggested that Planning staff review the information to determine which ones might be combined and which ones cannot be combined. She then noted that the issue of transfer development rights has been in the Commission's list for quite some time, although not for affordable housing. She suggested that this could also be combined with densities. She also expressed support for the idea of more varied density bonuses, noting that could be tied to the planned unit development reform that . is currently in process. She also indicated support for the possibility of donating to a trust fund in lieu of providing on-site affordable housing, noting that open space could possibly be treated in the same manner. She also indicated support for the incentive zoning ideas, suggested they are consistent with existing policy and appear to be very practical. She noted the fee waiver information was interesting and indicated an interest in doing further research to determine if it is legally possible to waive impact fees here. She suggested that a policy for waiving of fees would eliminate the need to consider requests on a case-by-case basis. She also indicated interest in the infill ideas, particularly in the heart of the community. She concluded by stating she does not see anything in the packet of information that is not worth pursuing further. Commissioner Youngman then stated she feels it is important for the Commission to seek the input of the Community Affordable Housing Advisory Board, particularly since they . have not seen this information. She also forwarded her interest in including the City's annexation policy in the process, stating she feels that adding the issue of affordable housing to that document will help to ensure that the issue is addressed early in the process and that it is consistently applied to all future annexations. 09-28-98 - 8 - Mayor Stiff stated the guarantee of affordability is lacking in Bozeman. He noted that some of the available affordable housing units have been lost, and he feels it is important to ensure that their affordability is retained. He also indicated his interest in further researching the possibility of creating a housing authority or hiring a community development coordinator . on City staff rather than contracting the program out. He then indicated an interest in reviewing the City's affordable housing policy, particularly since he feels the community has gone a long way toward addressing the problems. He then forwarded his discomfort with relaxation of infrastructure standards, stressing the importance of ensuring that the safety of the community is protected. Commissioner Smiley characterized this as an exciting document, noting that she has talked to Joni Killebrew about a number of the options. She then indicated her interest in drafting proposed code changes for consideration by staff and the Commission, noting that this could help to speed up the process of making the changes identified by the Commission. She noted that she does not like rent control, characterizing it as a tricky program. She stressed the importance of the Commission incorporating affordable housing provisions as a part of its . zoning structure and philosophy structure. Commissioner Rudberg stated she is opposed to regulatory reform, noting a lot of things can be done through incentives, such as density bonuses. She noted the problem is the cost of land within city limits, questioning how anyone can develop affordable units except possibly through density bonuses. She then stated she does not support inclusionary zoning or a forced annexation policy. She expressed concern that fee waivers are currently being processed "by the seat of the pants" and with no guidelines. She also noted that impact fees, by law, must be paid, and if they are not paid by the individual, then they are paid by the taxpayers through the City's General Fund. She indicated her support for giving developers an opportunity to address the issue of affordable housing through the planned unit development process, and indicated her support for having guidelines which will give the developers some confidence. . She then stated she will not give away anything on infrastructure. Commissioner Rudberg stated that she has asked the same question every year and has not yet received an answer. She once again asked how many people in the community need affordable homes, how many want them and how many can actually qualify. She concluded by stating her willingness to pursue some of the items listed. 09-28-98 -.. ---... .-- .--- ~ 9 - At Mayor Stiff's request, the Commissioners, in turn, commented on some of the issues raised by other Commissioners. Commissioner Frost stated he feels inclusionary zoning would be a positive move toward making housing prices affordable, noting that part of the costs of doing business in the city . limits is paybacks. He stressed that this would improve the affordable housing bank. Commissioner Youngman suggested that a checklist including the full list of options in this document be prepared with a "yes" or "no" for each of them that each Commissioner can complete and turn in. She expressed concern that it is difficult to provide verbal direction and suggested that the checklist could provide good written information from which the Commission could develop its direction, and indicated a willingness to prepare the checklist. Mayor Stiff indicated he has problems with inclusionary zoning, noting that some property owners in the community have indicated a willingness to provide affordable units in their developments. He then stated he feels it is important to be aware of what is and what is not legal in Montana. He characterized the information in the packet as a good basis from which to work through the process. . Commissioner Smiley stated she feels affordable housing possibilities should be made possible to anyone who wants to participate, including the inclusionary program. She suggested that draft proposals should be made for each of the elements, and the Commissioners could then decide if they wish to proceed. She concluded by volunteering to do the drafting. Commissioner Rudberg stated each of the Commissioners have read the information, and she feels that each of them should identify the top five or ten things they think could make a difference. Commissioner Youngman forwarded her interest in having the Commissioners work from a standardized list rather than working independently so that the feedback is the same and understandable. . Responding to Commissioner Rudberg, Ms. Joni Killebrew stated that the information from Missoula is from their ten tools for growth development and their document and attendant master plan are currently being developed. Responding to Commissioner Smiley/Ms. Killebrew stated that the Planning Board's planned unit development committee has not yet seen this packet of information. 09-28-98 - 10 - Commissioner Smiley stated she feels it is important for the committee and the Planning Board to be given an opportunity to review it prior to the Commission taking any action on it. In response to Mayor Stiff, Ms. Killebrew stated that this document has not been available to the public. . Ms. Janice Barrett, Habitat for Humanity, stated she would like to see the report, indicating she is not prepared to comment on it at this time. Ms. Caren Couch, Human Resource Development Council, indicated she received a copy of the document on Friday and wants to get copies of it to the Community Affordable Housing Advisory Board for their review and comments. Mr. Dab Dabney stated he has not seen the document, either. He then noted that Commissioner Youngman had mentioned predictability and strongly encouraged the Commission to make that one of the primary elements. He noted that includes knowing whether infrastructure is available for a project. He noted that for his new 34-unit development, he was required to test the City's sewer system, at his expense, to determine if there was adequate capacity to serve the project. He also suggested that mitigating of . impact fees could help. He stated that for rental properties, for every dollar extra paid for fees, he must increase the rental rate by 10 percent of that cost to be economically viable. He stressed, once again, that predictability is the key I and that if some assistance can be attained for impact fees, it should be spelled out. He then characterized rent control as flipping off a switch for new apartments. Mr. Dabney turned his attention to densities for apartments. He recognized that higher densities can offset land prices, however, he stressed that livability must also be a factor. He noted that if the density increases beyond twelve to fifteen units per acre, the social dynamics of the property change to "look more like downtown Cleveland than Bozeman". Mr. Dabney stated that HRDC manages all of his properties, and they do so very capably and very professionally. He expressed concern that to hire someone on City staff to do that . same type of work would be redundant and encouraged the City to not take that step. Responding to Mayor Stiff, Mr. Dabney stated the only reason that the second phase of Comstock Apartments is feasible is because HUD has identified Gallatin County as a hard to develop area and granted 130 percent credits. He noted that tax credits are based on 90 percent of eligible costs and then multiplied by 70 percent, resulting in a reimbursement of 63 09-28-98 ------ - 11 - cents for every dollar spent on eligible costs. He then indicated that if impact fees were to increase, the profit margin would decrease. He also stressed that not all costs associated with the project are eligible, such as land brokerage fees, permanent financing fees, and non- depreciable costs, although impact fees are. . Commissioner Frost stated that for truly affordable housing units, he would be willing to support lowering the impact fee costs. He noted, however, it is important to recognize that those units will still have the same impact on the City's services. Mr. Dabney recognized that apartments are notorious for not paying their own way in taxes. He noted the issue is determining whether it is worth subsidizing people with lower Incomes. Responding to Mayor Stiff, Mr. Dabney stated that under the tax credit program, affordability must be guaranteed for at least 18 years, and he has guaranteed affordability for a period of 31 years in his Comstock project. He indicated that that guarantee carries forward to a new purchaser unless the property is foreclosed. Commissioner Rudberg stressed the importance of recognizing that it is illegal to not . charge impact fees in Montana and under Bozeman's current system. She recognized that predictability is extremely important. She then questioned how, given the cost of land, anyone can be enticed to provide affordable units without density bonus options. Commissioner Youngman suggested that under predictability, the City could assure that adequate utilities are available, providing them if necessary. Mr. Phil Rotherham stated he has built 276 affordable units in Gallatin County and feels he has expertise in value engineering affordable buildings. Mayor Stiff asked how and when this issue should be brought back before the Commission. Following extensive discussion, the Commissioners decided that each Commissioner should create a list and indicate yes/no and possibly high/low priority and submit that information to the Clerk of the Commission for compilation by December 1. This . information will then be submitted to the Commissioners for review and consideration at a meeting in December. The Commissioners also agreed that copies of the information compiled by Ms. Killebrew should be distributed to all of the City-County Planning Board members and the Community Affordable Housing Advisory Board members. 09-28-98 - 12 - Commissioner Youngman expressed concern that the planned unit development section of the code may be revised prior to that time. Mr. Phil Rotherham stressed the importance of building within budget. He then suggested that the Commission first define what specific types of affordable housing needs to . cost and then work backward. He recognized that it is a difficult task to identify the costs of building, build the building conceptually and remain within an affordable budget. He stressed that in this industry, "time is money", and encouraged the Commissioners to minimize lag times. He noted that these are very competitive times, and with the fierce competition that exists today, profit margins are small. Mr. Jeff Rupp, Executive Director of the Human Resource Development Council, characterized the report prepared by Ms. Killebrew as a good start. He stated, however, that it won't do much good unless the Commissioners decide to work together and provide leadership for the rest of the community. Responding to Mayor Stiff, the City Manager stated that Assistant City Manager Brey has some information on creating a housing authority or hiring a community development . coordinator, but he is unavailable today. Mayor Stiff concluded the discussion by asking that all Commissioners have their information turned in to the Clerk of the Commission by December 1. (8) Presentation re writing of minutes - City Attorney luwe Distributed to the Commissioners just prior to the meeting was a memo from City Attorney Paul Luwe, dated September 25, in which he outlined the statutory provisions and options for keeping of minutes for Commission meetings. Due to the late hour of the meeting and the fact that the Commissioners had not had an opportunity to review this memo, they requested that this item be placed on the October 12 work session. . Discussion - Commissioner Droiects The Commissioners provided updates on various projects, as follows. (1 ) Commissioner Youngman noted the Commissioners had previously delegated to her responsibility for researching the housing trust fund possibilities. She distributed to the Commission an information sheet on the proposed housing trust fund for Montana, noting that 09-28-98 .---- - 13 - the funding source is currently a big question mark. She noted possibilities include the document recording fee or possibly some type of realty fee. She then urged the Commissioners to prepare a list of issues to discuss with the rest of the governmental units in Gallatin County in late October. . (2) Commissioner Rudberg asked that a discussion with Transportation Commissioner Pat Abelin and a review of the various boards and commissions be placed on upcoming work sessions. (3) Commissioner Rudberg noted that during review of the Bridger Peaks Town Center, one of the comments from the Planning Department was that treated water would be used for the landscaping because irrigation wells were not allowed. She noted that a conversation with Tim Roark at the County Health Department revealed that irrigation wells are allowed, and encouraged that wells be drilled for that purpose rather than using the City's treated water. Discussion - FYI Items . City Manager Johnson presented to the Commission the following "For Your Information" items. (1 ) Letter from Stephanie Nelson, Health Officer, dated September 22, announcing that Ann Drenk has been selected as Human Services Director. (2) Letter from Detective Mark Johnson, Bozeman Police Department, dated September 16, encouraging Commissioners to participate in the Bowl for Kid's Sake. (3) Agenda for the September 24 meeting of the Downtown Bozeman Improvement District Board meeting, along with minutes from their September 10 meeting. (4) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, September 29, in the Commission Room. (5) Notice that there will be no County Commission meeting this week due to the . annual MACo Convention. (6) The City Manager noted that he has had a lot of contact with the Bozeman Amateur Hockey Association over the past week. He then noted that all of the Commissioners are invited to their annual meeting, which will be held at 7:00 p.m. on Thursday, October 8, in the Community Room of the Courthouse. 09-28-98 .-.-- ~ 14 ~ (7) The City Manager stated that he will conduct a roundtable discussion regarding process with a number of builders at 5:00 p.m. on Wednesday. He noted that the need for predictability has been a recurring theme in the comments he has heard. Commissioner Smiley noted that she has repeatedly requested a copy of the checklist . used by staff but has not yet received one. She suggested that, with the proper checklist, predictability could possibly be more readily provided. (8) Commissioner Smiley stated that she attended a meeting of the mental health action committee. She noted that Magellan should have a signed agreement for a house which will serve as an emergency facility for mental health in Bozeman in the near future. (9) Commissioner Rudberg expressed concern about having items placed in the Commissioners' mailboxes without any identification of their sources. She asked that names be attached to each piece of paper or that they not be placed in the boxes, Adiournment - 6:00 p.m. There being no further business to come before the Commission at this timet 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 Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none, ~/~.~ ATTEST: ALF M. STIF~, Mayor ~ .:l2~ R IN-L. SUL-ttQ~N---- -- Clerk of tbe C-~lss1fm - ... .~--,- -- -.--" --~~- - . - '..............._--- - -- .... . . . - . . " .-._,~_:~./<{. . - .. "'-"- ~ -~~ 09-28-98 . --.-----