HomeMy WebLinkAbout1996-10-28 Minutes, City Commission
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MINUTES OF THE SPECIAL MEETING/WORK SESSION/AGENDA MEETING
OF THE CITY COMMISSION
BOZEMAN. MONTANA
October 28. 1996
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. The Commission of the City of Bozeman met in special meeting. work session and
agenda meeting in the Commission Room. Municipal Building, October 28. 1996. at 3:00 p.m.
Present were Mayor Stueck, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost,
Commissioner Youngman, City Manager Wysocki, City Attorney Luwe and Clerk of the
Commission Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
Sianing of Notice of SDecial Meetina
Each of the Commissioners, in turn, signed the Notice of Special Meeting.
. Review of Amended Plat for Babcock Meadows, Phase I. and preliminarv plat for Babcock
Meadows. Phase II - Morrison-Maierle. Inc. - re-subdivide 27.21 acres described as a Dortion
of the SWv... Section 11. T2S. R5E. MPM. into 55 single-familv lots. 8 multiDle-familv lots.
and
16 townhouse lots (south side of 3100 block of West Babcock Street) (P-9636)
This was the time set for review of the amended plat for Babcock Meadows
Subdivision, Phase I. and the preliminary plat for Babcock Meadows Subdivision Phase II, as
requested by Morrison-Maierle, Inc., under Application No. P-9636, under which 27.21 acres
described as a portion of the Southwest one-quarter of Section 11, Township 2 South, Range
5 East. Montana Principal Meridian, is to be re-subdivided into 55 single-family lots. 8 multiple-
family lots and 16 townhouse lots. The subject property is more commonly located along the
south side of the 3100 block of West Babcock Street.
Assistant Planner Chris Saunders briefly highlighted his memo of October 24. a copy
. of which was included in the Commissioners' packets. He noted that, also included in the
packet. was a copy of the letter from Michael J. Lilly, dated October 21, in which he requested
that the preliminary plat review be conducted in the evening session, in conjunction with the
public hearing on the variance and a copy of Page 10 from the environmental assessment/
community impact statement for this project, as prepared by Morrison-Maierle.
In addition,
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copies of Sections 307 and 313 from the 1991 Edition of the Uniform Plumbing Code were
included in the Commissioners' packets.
The Assistant Planner stated that two items have changed since last week's review
of these plats. He noted that on Page 10 of the EIS/CIS, the applicant has proposed that, to
. mitigate identified traffic impacts, conditional approval of the preliminary plat for Phase II could
include the requirement that initial build-out of Phase II be limited to 33 units. He stressed that
this is not the applicant's desire; it is simply a method of mitigation. He then stated
that,
because the final plat has not been filed for Phase II, the 45-foot right-of-way for West Babcock
Street has not been dedicated, and suggested that the Commission may wish to add a
condition requiring an easement be executed until the plat has been filed and the strip
ded icated.
The Assistant Planner noted that, in his memo, he forwarded the definition of
"affordable housing" for the Commissioners' information, since it was an issue raised at last
week's meeting.
Water/Sewer Superintendent Larry Woodward noted that the applicant's request for
. "y" connections applies to both water and sewer services. He reviewed typical services
connections versus "y" connections, noting that in a typical connection there are four different
connections, but with "y" connections there are twelve separate connections. He cautioned
that each connection increases the maintenance liability to the City. He further
noted that,
with "y" connections, if a problem is encountered in one residence, it may result in a back-up
in the other residence connected on that "y". He stressed the fact that staff has attempted
to eliminate "y" connections in the last twenty years in light of the maintenance problems they
have encountered and, in fact, previously installed "y" connections are now being converted
to individual connections as problems occur.
Mr. Anson Crutcher, applicant, stated his willingness to provide a 45-foot~wide
. easement for West Babcock Street. if necessary. until the final plat for Phase II is filed. He
reminded the Commission that, with the conversion of the lot in the northwest corner of the
subdivision from Phase II to the Amended Phase I, that dedication will occur earlier than
originally scheduled.
Mr. Crutcher turned his attention to the "y" connections, reminding the Commission
that at last week's meeting, he forwarded a proposal for a 25-foot-wide easement in the front
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yard. He stated that easement would be wide enough to allow the type of connections it feels
are necessary to serve the townhouses in this subdivision. He indicated that, while he does
not want to create problems for the City's water and sewer systems, he feels there is a way
to accommodate his proposal.
. Mr. Crutcher noted that, under this application, he is seeking the creation of two
townhouse lots on each of what was originally platted as a single-family residential lot.
He
stated that, if he had requested and received approval for, townhouse lots originally, without
the plat restriction for single-family residential, the size of the lots would have been adjusted
to accommodate that type of development. He encouraged the Commissioners to approve the
requested variance to the side yard setback requirements at this time, to accommodate the
change in type of development proposed. He stressed the fact that this variance is only for
the
sixteen townhouse lots, not for the entire subdivision.
Mr. Keith Belden, Morrison-Maierle, representing the applicant, stated that the
amended plat for Phase I provides for the 45-foot-wide dedication for West Babcock Street.
He then addressed the issue of traffic, reviewing how they arrived at the conclusions contained
. in the environmental impact/community impact statement. He stated that the information
is
based on Lot 63 being developed at the density of 10 units per acre and, based on that density,
the projected level of service slipped from "C" to "0".
He recognized that the roadway is
currently operating at a borderline Level "C". He is concerned about restricting development
within this subdivision based on that level of service, particularly since other development
is
occurring along the roadway at the present time. He then expressed concern that the level of
service has not been a factor in conditions for approval of subdivisions in the past, noting
he
is concerned about it being added as a condition on this subdivision.
Responding to Mayor Stueck, City Attorney Luwe stated the Commission must act
on three separate motions under this agenda item, with another motion being required for the
next agenda item. He noted that the Commission must first act on the request for waiver/
. variance to the subdivision regulations to allow "y" connections, then act on the amended plat
for Phase I, and the preliminary plat for Phase II and, finally, act on the requested variance
to
the zone code regarding side yard setbacks.
Commissioner Frost stated he does not support the "y" connections. He then stated
that the criteria for variances are not met, therefore, he cannot support the request to allow
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5-foot side yard setbacks rather than the required 8-foot side yard setbacks. He indicated
support for the proposed amended plat and preliminary plat, with the requirement that
development be limited until West Babcock Street is improved, if traffic studies warrant. He
stated it is important to allow the developer to proceed with the level of development that has
. already been approved, but he is concerned about allowing additional development to occur if
the level of service on West Babcock Street is lowered to an unacceptable level. He concluded
by noting that he has voted against some of the most recent subdivision applications because
of concerns about traffic impacts.
Mayor Stueck forwarded his concurrence with Commissioner Frost's comments,
stating that, while he supports the proposal to lift the single-family restriction on the lots
requested, allowing townhouse development on the lots along the south side of the subdivision,
he is concerned about the proposed multi-family use of Lot No. 63. He stated that
conversations with staff have revealed that any development of that lot, however, will be
subject to site plan review; and buffering of that development from the single-family
development along Wilda Lane will be required. He indicated that, on that basis, he feels his
. concerns can be adequately alleviated. He then stated his support for eliminating the easement
for parkland access as proposed, indicated he does not support the proposed use of "y"
connections, and stated the requested variance does not meet the criteria.
Responding to Commissioner Frost, the Mayor indicated he supports the requirement
for a traffic study to ensure that development within this subdivision does not lower the level
of service on West Babcock Street to a Level "0". On that basis, he proposed that, rather than
limiting development within one of the phases, it would be appropriate to require a traffic study
after a specific percentage of development is completed to determine if the existing roadway
can accommodate the remaining development or if the roadway must first be improved.
Responding to Commissioner Frost, the City Attorney suggested that if the
. Commission wishes to consider this proposed condition, it may wish to establish a review
mechanism, which could consist of review and approval by the Planning staff or the City
Commission.
Assistant Planner Chris Saunders stated that, based on the Commissioners'
comments, it appears a condition limiting initial build-out to 83 dwelling units, which is the
number of units originally proposed for Phases I and II, with a traffic study to establish traffic
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load capacity being required before additional construction may be undertaken, should be
added. He noted that if a level "C" service will not be retained with the remaining units, then
the street improvements will be required before complete build-out of the subdivision will be
allowed. He suggested that, with the limitation applying to both phases, the developer has the
. option of which types of development are undertaken first.
Mr. Anson Crutcher asked if this is the first time the Commission has considered this
type of condition, or if other developments have been subjected to this type of restriction.
City Manager Wysocki responded that this is the first time in quite a while that the
Commission has considered a request for increased density through an amended subdivision
plat.
Mr. Crutcher stated that he does not support the requirement for a traffic study after
the first 83 dwelling units have been constructed. He requested, however, that he be given
an opportunity to meet with his engineering consultant prior to responding to this proposed
condition.
Mayor Stueck deferred action on this agenda item until after review of the agenda for
e next week's meeting has been completed.
Agenda Meetina - for reaular meeting and Dublic hearinas to be held on November 4. 1996
Since this is an agenda meeting, only those issues requiring staff action are contained
in the minutes.
City Manager Wysocki briefly reviewed the background information which was
included in the Commissioners' packets.
(4) Commissioner Frost noted that he had suggested the number of machines
in the definition be reduced to five, and had asked if that reduction in number would have a
dramatic impact on this proposed zone code amendment.
Commissioner Rudberg stated she is also interested in that information. She then
. noted that the City is in the middle of a moratorium on applications for casinos. She suggested
that, rather than hurrying this zone code amendment through the process it would be preferable
to not finalize these amendments until near the end of the moratorium. She suggested that this
delay could also give staff the time necessary to review how a reduction in the number of
machines might impact this amendment.
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Mayor Stueck stated he also feels this information
is important in the decision-making
process.
(5)
Mayor Stueck noted the Commission was to receive copies of two pieces
of information referenced by the applicant at last week's meeting.
. Assistant Planner Saunders stated he
has left messages for Ms. Dorsch, but has
received no response to date.
Commissioner Rudberg forwarded her interest
in having the information included in
the Thursday packet.
(9)
Mr. Bert Hopeman, Chair of the Downtown Improvement District Board (lOB)
distributed copies of the proposed operating budget for Fiscal Year 1996-1997.
He briefly
reviewed the proposed budget, noting that the revenues include the tax increment for this fiscal
year, the monies not expended from the General Fund last year for preparation of the urban
renewal plan, grants, and monies earmarked
in the Valley Unit Fund for downtown
improvement projects. The expenditures include personnel, office expenses, other expenses,
preparation of an urban design plan, and a contingency of $4,500. He stated that the lOB, in
. conjunction with the Downtown Bozeman Association, has signed a lease for office space in
the Baltimore Hotel. Also, a request
for qualifications for a firm to prepare a comprehensive
plan is being undertaken, with selection of a firm anticipated in January.
(15 and 16)
Assistant Planning Director Debbie Arkell highlighted the two public
hearings, for annexation of and zone map amendments on a 23.45.acre parcel located along
the south side of Durston Road west of and adjacent to Greenway Subdivision. She stated that
the one letter of opposition to these applications requested that no more development be
allowed along Durston Road until that roadway is improved.
Review of Amended Plat for Babcock Meadows. Phase I. and Dreliminarv clat for Babcock
Meadows. Phase II - Morrison-Maierle. Inc. - re-subdivide 27.21 acres described as a Dortion
. of the SW%. Section 11. T2S. R5E. MPM. into 55 sinqle-family lots. 8 multiple-family lots. and
16 townhouse lots (south side of 3100 block of West Babcock Street) (P-9636)
Mr. Keith Belden stated the applicant's preference
is that he be allowed to develop
Phases I and II without any stipulation concerning traffic after a certain number of units
have
been built. He then questioned if this type of condition has been considered on projects in
the
past.
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Mr. Anson Crutcher asked that the Commission consider the creation of a special
improvement district for improvements to West Babcock Street as an automatic lifting of the
proposed condition, noting it is his understanding that such an SID is imminent.
Mayor Stueck responded that, until the right-of-way for the roadway has been
. established, no special improvement district/rural improvement district will be created.
Commissioner Frost noted that for the past few years, the Commission has approved
subdivisions along West Babcock Street with the understanding that, through acquisition of
right-of-way and waivers of right to protest the creation of a special improvement district for
improvements, the City would soon be able to improve the roadway. He noted, however, that
the Commission has recently learned that, because of legal issues and lack of adequate right-of-
way, the improvements will not be made any time soon. He then indicated that he will support
allowing the same level of development to occur within this subdivision as was originally
approved; however, he feels it is imperative that a traffic study be completed before any
additional development is allowed.
It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the
. Commission not approve the requested waiver/variance to the subdivision standards to allow
"y" connections for water and sewer lines to the proposed townhouse lots along the south side
of Phase I. The motion carried by the following Aye and No vote:
those voting Aye being
Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and
Mayor Stueck; those voting No, none.
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the
Commission approve the amended plat for Babcock Meadows Subdivision, Phase I, and lift the
single-family residential restriction as requested by Morrison-Maierle, Inc., under Application No.
P-9636, under which 27.21 acres described as a portion of the Southwest one-quarter of
Section 11, Township 2 South, Range 5 East, Montana Principal Meridian, is to be re-
. subdivided into 55 single-family lots, 8 multiple-family lots and 16 townhouse lots, subject to
the following conditions:
1. Unless expressly modified by the conditions
below, all the
applicable conditions from the original preliminary plat approval of
May 16, 1994, remain in full force and effect.
2. The townhouse lots shall be developed in a manner which will be
in compliance with all zoning regulations.
The townhouse lots
proposed to be created by this application will be in compliance
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with the Bozeman Area Subdivision Regulations
when they are
provided with appropriate sewer and water
services.
3. That the sewer main and water main in Donna
Avenue be taken
off line and new services be installed in
standard locations for the
additional lots being created. This will require
the following:
a) Engine
ered plans and specifications showing
.
existing services and new services proposed
must be submitted to the City Engineer's
office for review and approval prior to any
construction; and
b) Water
main and sewer
main will require
additional testing after completion of the new
stubs. Sewer main will require air or water
test, water main will require rechlorination and
pressure test.
4. No changes to the existing sewer and water
infrastructure in
Marilyn Court shall be permitted.
5. Plans and specifications for any water, sewer
and/or storm sewer
main extensions, and public streets (including
curb, gutter and
sidewalks) prepared and signed by a professional
engineer (PE)
licensed in the State of Montana shall be
provided to and
approved by the City Engineer. Water and sewer
plans shall also
be approved by the Montana Department of Environmental
Quality
(DEQ). The applicant shall also provide professional
engineering
. services
for construction inspection, post-construction
certification, and preparation of mylar record drawings. Specific
comments regarding the existing and proposed infrastructure shall
be provided at that time.
Construction shall not be initiated on
the
public infrastructure improvements until
the plans,
specifications and shop drawings have been
approved and a
preconstruction conference has been conducted.
Separate water and sewer services shall be
provided to each
proposed townhouse or other building lot.
Since it will be
necessary to cut Donna Avenue in order to
install the additional
services, and since Commission Resolution
No. 2972 prohibits
cutting a street for seven years from the
time of construction, the
owner must repave Donna Avenue from its intersection
with
Virginia Way to its east end after installation
of water and sewer
services.
6. All infrastructure improvements including
1) water and sewer main
extensions, which may not be financially guaranteed,
and 2)
public or private streets including curb/gutter,
sidewalks, and
storm drainage infrastructure improvements
shall be financially
. guaranteed or constructed prior to
filing of the final plat. No
building permits will be issued prior to completion and acceptance
of the public infrastructure improvements, Le. sewer and water
mains.
7. Amended Covenants shall be recorded with the
final plat which
shall specifically include the following provisions:
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Section VI. Land Use Regulations:
3.
All residences shall be single-family or multi-
family structures as approved by the City of
Bozeman. The construction of the dwelling
units, or any additions thereto,
shall be
completed within one hundred eighty (180)
.
days from the time the construction of the
same is started.
The Committee shall have
the authority to order
the dismantling and
removal of any improvement or construction
which shall be in violation of this paragraph.
Modifications may be desired to sections V.
Architectural Committee, number 6, relating to
zero lot line structures;
VI. Land Use
Regulations, number 5,
relating to
landscaping; number 13.C, relating to parking
and garages; number 20.a, relating to fencing
for lots proposed to be removed by this
application; and number 20.b, relating to
fencing along the west of the property.
8. Sewer and water services shall be approved
by the Water/Sewer
Superintendent. City of Bozeman applications
for service shall be
completed by the applicant.
9. That the applicant request that the Bozeman
City Commission and
Park Superintendent institute a Parks Maintenance
District for the
. maintenance
of parkland encompassed by
the proposed
development prior to final plat approval.
10. Sufficient water rights or cash-in-lieu
must be provided prior to
final plat approval.
11. No more than eighty-three (83) dwelling
units shall be constructed
in the Babcock Meadows Subdivision, inclusive
of both Phase I
and Phase II, except as allowed below.
Prior to the approval of
the eighty-fourth (84th) dwelling unit for
construction in either
phase of Babcock Meadows Subdivision, a traffic
study shall be
conducted for the purpose of evaluating the
capacity of West
Babcock Street. If the traffic study shows
that adequate capacity
exists to maintain a Level of Service "C",
then the restriction on
build-out will be lifted and the remainder
of the lots may be
constructed upon at densities allowable by
the zoning, plat
restrictions or covenants, whichever is more
restrictive. If the
traffic study shows the capacity is at a Level
of Service "0" or
will fall to a Level of Service "0", then
the restriction on build-out
will remain until such time as capacity is
added to West Babcock
Street to maintain Level of Service "C". This
restriction shall be
. recorded on the face of the final plat
or within the duly filed
covenants for
the Homeowners' Association
for Babcock
Meadows Subdivision or its successors.
If recorded in the
covenants, then the City must be made a party
to that portion of
the covenants.
12. A list of all property owners in the
subdivision must be submitted
to the Planning Office.
This list must be kept current with all
changes in property ownership in the subdivision
until the final
plat is filed.
Additionally, evidence must be provided that all
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current property owners are agreeable to the amending of the
existing plat.
13. The final plat shall conform to all requirements of the Bozeman
Area Subdivision Regulations and the Uniform Standards for Final
Subdivision Plats, and shall be accompanied by all required
appropriately worded certificates and a Platting Certificate. If it is
. the developer's intent to file the plat prior to the completion of all
required improvements, an Improvements Agreement shall be
entered into with
the City of Bozeman
guaranteeing the
completion of all improvements in accordance with the preliminary
plat submittal information and conditions of approval. If the final
plat is filed prior to the installation of all improvements, the
developer shall supply the City of Bozeman with an acceptable
method of security equal to 150% of the cost of the remaining
improvements.
The construction of sewer
and water
improvements may not be financially guaranteed.
14. Two cloth back, two mylar copies, and a digital copy of the final
plat, acceptable to the Engineering Division of the City of
Bozeman, must be submitted with the final plat application.
Conditional approval of the preliminary plat shall be in force for
not more that three calendar years, as provided by State Statute.
Prior to that expiration date, the developer may submit a letter of
request for the extension of the period to the Planning Director for
the City Commission's consideration.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
. Stiff, Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor
Stueck; those voting No, none.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that
the Commission approve the preliminary plat for Babcock Meadows Subdivision, Phase II, and
lift the single-family residential restriction as requested by Morrison-Maierle, Inc., under
Application No. P-9636, under which 27.21 acres described as a portion of the Southwest one-
quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian, is to be
re-subdivided into 55 single-family lots, 8 multiple-family lots and 16 townhouse lots, subject
to the fourteen conditions listed in the previous motion. The motion carried by the following
Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman,
. Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none.
City Attorney Luwe announced that staff with bring back Findings of Fact for the
amended plat for Phase I and the preliminary plat for Phase II, for Commission action.
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Decision - variance from Section 18.20.050. Bozeman Municipal Code. to allow 5-foot side
yard setbacks rather than the 8-foot side yard setbacks reauired by Code - Babcock Meadows
Subdivision (C-9613)
This was the time and place set for the public hearing on the zoning variance from
Section 18.20.050 of the Bozeman Municipal Code, as requested by Morrison-Maierle, Inc.,
. under Application No. C-9613, to allow 5-foot side yard setbacks rather than the required 8-
foot side yard setbacks in the Babcock Meadows Subdivision.
Commissioner Youngman stated that, while she would like to approve the requested
variance, it does not meet the criteria established by the Montana Supreme Court. She then
forwarded her interest in seeing the zone code amended so that this type of request could be
favorably considered in the future.
Mayor Stueck stated his concurrence with Commissioner Youngman's comments.
He noted that, while he would like to see the main structure meet the setbacks, he feels the
proposal to allow the garages to be located closer to the property has merit.
It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that
the Commission not approve the zoning variance from Section 18.20.050 of the Bozeman
. Municipal Code, as requested by Morrison-Maierle, Inc., under Application No. C-9613, to allow
5-foot side yard setbacks rather than the required 8-foot side yard setbacks in the Babcock
Meadows Subdivision. The motion carried by the following Aye and No vote: those voting Aye
being Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff, Commissioner
Frost and Mayor Stueck; those voting No, none.
Work Session - (A) Meetina with DRB re survey results: (B) Discussion re charter DroDosed by
Bozeman City Government Study Commission
(A) Meeting with Design Review Board re survey results
Present for this discussion were:
Design Review Board
. Cliff Chisholm, Chair
Roger Cruwys
Paul Gleye
Ed McCrone
Rich Noonan
City-County Planning Staff
Planning Director Andy Epple
Assistant Planning Director Debbie Arkell
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Southwest Montana Building Industry Association
Terry Profota
Responding to Mayor Stueck, Cliff Chisholm indicated that each of the members of
the Design Review Board has reviewed the survey results independently, but the Board has not
. discussed it.
Chair Cliff Chisholm opened the discussion by stating the review is a positive step
toward improving the process, stating that he views the comments as an opportunity rather
than a reason to become defensive. He noted that the work of the ORB is designed to serve
not just the applicant, but the entire community as it reviews applications. He noted that the
first phrase in the zone code language describes the purpose of the ORB, "To encourage
development quality".
Mr. Ed McCrone characterized most of the feedback in the report as negative, noting
that is due to the nature of the survey. He noted that the Board has become more positive in
its review of applications, allowing for feedback from the applicant and changing the format
of the meetings so they are a little less formal and intimidating. He stated that the ORB serves
. as a check and balance to City staff, who must follow the rules. He stated
that, with the
changes made in the past year, the ORB's operation has improved over what it was in the past.
Mayor Stueck stated that the survey results are essentially divided into thirds under
the categories good, adequate and poor. He recognized that 15 to 20-percent in the "poor"
category would be better, which shows there is room for improvement in the process; but he
does not believe it is as bad as everyone seems to think. He further noted that many
of the
comments contained in the appendix reflect that the process has been improving over time.
Mr. McCrone recognized that he tends to look at the negative. He further recognized
that many of the comments pertain to the old procedures rather than the new procedures
followed.
. Commissioner Rudberg noted that the City is a monopoly, and it is important that it
conduct evaluations of itself on an on-going basis. She then suggested that the ORB develop
a short form that can be completed quickly, and ask that applicants complete it so that the
Board can identify ways in which to continue improving. She indicated support for the changes
which have been made recently, including the move from the dais to the tables, and noted that
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visiting the sites is critical. She then asked if the ORB looks at the whole project or
concentrates on the exterior.
Mr. Cliff Chisholm stated that, while the ORB receives floor plans, the members
typically concentrate on the exterior of the building and proposed site improvements,
. recognizing that the exterior is what impacts neighbors and the community as a whole.
He
further noted that the DRB members recognize the sensitivity of aesthetics and personal
preferences, and attempt to avoid imposing their own preferences on the project. He indicated
that, as long as it appears a project will fit in with the surroundings, the Board tries to work
with the proposal as submitted, although he recognizes that sometimes the result is not as
anticipated.
Mayor Stueck asked how much weight is given to neighborhood comments when
reviewing an application in the conservation overlay district.
Mr. Cliff Chisholm stated that if the neighbors raise concerns about a project, the ORB
tends to look at it more closely and, if the neighbors are supportive, the Board tends to look
at it in a more positive light. He stressed the importance of remembering that buildings outlive
. the people, so it is important to ensure that the building is compatible with the area.
Responding to Commissioner Rudberg, Mr. Paul Gleye stated he feels the City has an
excellent design review ordinance. He noted that useful, clear criteria and a complete, cle;ar
submittal help the Board to make useful, clear, concise decisions. He stated that the Board
takes neighbors' concerns into consideration when making decisions.
Responding to additional questions from the Commission, Mr. Gleye questioned the
effectiveness of the ORB in the conservation overlay district. He stated that, given the quality
of construction and the variety of building types that are found in an area, he feels that the
ORB is not as effective in these areas as it is in the historic districts, where the quality of the
structures is more uniform. He stated that the provisions in the interim zone code established
the ORB review as advisory in the conservation overlay district, and he feels that system
. worked better. He then characterized the use of MSU architectural interns to represent one-
time small projects as very helpful, stating he feels it will lead to better projects.
Mr. Ed McCrone stated he feels some of the Board's best work is in the conservation
overlay district. He expressed concern that if the ORB action was strictly advisory, the benefit
would not be as great.
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Responding to Commissioner Rudberg, Mr. Chisholm stated that the issue of training
for new Board members has been discussed in the past. He suggested that attendance at
several meetings before beginning to serve as a voting member might be beneficial. He noted
that another option discussed has been to have someone who has served on the Board for a
. while take a new member under his/her wing and explain the procedures as necessary.
Responding to Commissioner Rudberg, Mr. Cliff Chisholm stated the ORB would be
glad to meet with the Southwest Montana Building Industry Association; however, he
suggested that may not be as beneficial as meetings with the City-County Planning Board. He
characterized the typical applicant before the ORB as a private homeowner rather than a
contractor who might repeatedly go through the process.
Responding to Commissioner Youngman, Mr. Paul Gleye stated that clear, concise tip
sheets could be beneficial. He cautioned, however, that each application is different, and it is
difficult to create a tip sheet that could serve the public well.
Responding to Mayor Stueck, Mr. Roger Cruwys stated he views the ORB as more
advisory than regulatory in its function. He then noted that, as a landscape architect, he tends
. to look at the total picture, while other professionals may look at more specific elements of a
project. He stated that many people who appear before the Design Review Board walk away
with a better understanding of the process and what types of issues are considered. He then
concurred with Paul Gleye's comment that clear criteria are important, both for the applicant
and for the Design Review Board. He noted that the Board has changed significantly over the
years, with the process being streamlined considerably. He further noted that many talented
people have served over the years, providing an invaluable free service to the public.
Mr. Cruwys stated that he does not feel the 70/30 result in the survey is a bad
numeric evaluation, particularly when one realizes there are always people who complain.
Responding to comments from Commissioner Rudberg, Ms. Terry Profota stressed the
importance of communication. She noted that, due to comments she has overheard in
. meetings, many one-time applicants in the process feel the same way. She stated that a quick
drawing on the back of a napkin would meet her view of a "sketch plan"; however, that is
unacceptable to the reviewing bodies. She suggested that a more objective and definitive
requirement would be beneficial for all parties involved.
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Responding to Commissioner Stiff, Mr. Cruwys stated the process seems to have a
life of its own, and it is getting better with time.
He noted that, because of those
improvements and the talented people who serve as members of the ORB, the process has
become much better.
. Responding to comments from the Commission, Mr. Cliff Chisholm stated the Design
Review Board is interested in seeing creative plans which are compatible with the area.
He
noted, however, that many people are intimidated by the process and tend to give "cookie
cutter" responses instead of creative responses for quality development.
Commissioner Rudberg stated that she and Ed McCrone plan to do slides of projects
which have gone through the process and been completed, in an effort to determine whether
the plans approved generated the anticipated end result.
Mayor Stueck thanked the Design Review Board members for meeting with the
Commission. He recognized the improvements which have been made over the past two years,
noting that those changes have helped to mitigate many of the negative comments that were
being made.
. (B) Discussion re charter proposed by Bozeman
City Government
Study Commission
Mayor Stueck stated the purpose of this discussion is to address questions which
have been recently raised by the Commission about some of the provisions in the proposed
charter, particularly in light of responses the City has received to these questions from Gene
Huntington, Dain Bosworth, dated October 24, and Mae Nan Ellingson, Dorsey and Whitney,
dated October 25.
At the Mayor's request, Administrative Services Director Gamradt provided a synopsis
of the comments contained in the two letters referenced.
He stated that, in her letter dated
October 25, Mae Nan Ellingson divided her comments into the various types of bonds sold by
a municipality, addressing each separately. He
summarized those findings, beginning with
. special improvement district bonds. He noted that a special improvement district
contains a
specific area and, under State statutes, the residents may seek the creation of the district
and
bear the costs of a special improvement district for installation of an improvement. He noted
that, under the charter as proposed, Mae Nan has indicated that a vote of the entire community
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would be necessary. On that basis, her firm will not issue a legal opinion until after a vote has
been taken on a proposed SID.
The Administrative Services Director turned his attention to revenue bonds, noting
that this type of bond is typically issued for water, wastewater and solid waste improvements.
. He noted that, with the way the charter is written, those rates may not be increased more than
the consumer price index, except through a vote of the people. He further noted that
the
covenants attached to revenue bonds require that rates be set at a level which generates
adequate monies to cover operational costs and debt retirement as well as a specific level of
reserves. He forwarded Ms. Ellingson's comment that the charter does not clearly authorize
the voters to approve necessary rate increases during the term of the bonds rather than voting
on an increase for the next fiscal year only. Further, she noted it could be argued that
if the
question were properly submitted to the voters, they could approve increases during the entire
term of the bonds; but that would require a judicial interpretation before Dorsey and Whitney
would be able to issue a favorable opinion.
Administrative Services Director Gamradt stated that Mae Nan Ellingson has indicated
. that outstanding bonds would not be impacted by the charter because the Constitution forbids
the City from impairing covenants relating to the security of bondholders. He then turned his
attention to general obligation bonds, under which Mae Nan Ellingson indicated that the charter
language is ambiguous enough to require a judicial interpretation before bond counsel would
issue an opinion.
The Administrative Services Director stated that Mr. Gene Huntington, in his letter
dated October 24, essentially echoed Mae Nan Ellingson's comments, stating it would be
difficult to issue bonds because they would be viewed by prospective bond buyers as being
very risky. The Director stated that as the risk of bonds increases, the interest rates would also
increase. Mr. Huntington also indicated that a court decision may be necessary before bonds
. could be issued. He also stated that the City may need to seek alternative methods of
financing capital improvements.
The Administrative Services Director expressed concern that the City is required to
cover costs over which it has no control, such as retirement costs for employees and other
costs mandated by the State Legislature. He further noted that the City currently has six police
officers being funded through grant monies and, within the next three years, the City must
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assume the funding for those officers if the current level of police protection is to be retained.
The proposed charter would make it more difficult to meet these costs.
City Manager Wysocki stressed that if bond issues must first be placed on the ballot,
the pUblic works projects could be delayed a minimum of six to eight months, and the costs
. would increase accordingly. He then indicated that liability insurance rates are established in
June and health insurance rates are established in mid-May for the fiscal year beginning on July
1, and increases in those rates could have a dramatic impact on the budgeting process under
the proposed charter.
Responding to Mayor Stueck, City Attorney Luwe stated there are three mechanisms
for clarifying or challenging provisions in the charter, including a lawsuit when the City acts or
fails to act under the charter, vote of the people, or a declaratory judgment. He indicated that,
to address the concerns raised by bond counsel, a declaratory judgment would be necessary.
Responding to Commissioner Frost, the Administrative Services Director stated that,
while it may not have been the Study Commission's intent, under the charter, a nickel increase
in the rates at the Swim Center would require a vote of the people. He indicated that are many
. other small charges which would require similar action.
Responding to Commissioner Youngman, the Director stated that for lighting districts,
the City acts as paying agent and then assesses the affected property owners for the actual
costs. City Attorney Luwe indicated that a question exists on whether the amount assessed
could be increased by more than the consumer price index without a vote of the people.
Mr. Jeff Krauss, member ofthe Study Commission, indicated that under the proposed
charter, elections on increases in fees may be conducted during general or special elections.
He stated that a charter empowers people to take control of government through their votes.
He suggested that, as long as the issues are adequately explained and clarified, government
can typically obtain the desired result. He noted that, since everyone in the City guarantees
. a special improvement district in the event of default, he feels it is appropriate to have the
voters determine whether a district should be created. He recognized that this is an unintended
result of the charter as worded, but he does not feel it is inappropriate.
Mr. Krauss characterized the charter as a "living document" that can be changed by
a vote of the people. He noted that changes can be proposed through adoption of an ordinance
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or a petition signed by 15 percent of the voters. He indicated that this empowers the people
to take control of their government, rather than seeking changes through the Legislature.
Mr. Krauss stated that the Study Commission did discuss the possibility of allowing
increases in fees of up to $1.00 without a vote of the people, however, that option did not
. receive the unanimous support of the members and was not included.
Commissioner Frost noted that the charter can be amended, except for the form of
government, under State statutes. He then questioned whether the number of Commissioners
and the manner in which they are elected could be the subject of an amendment, or if they are
considered basic elements of the form of government.
City Attorney Luwe responded that the issue could be argued both ways, and
probably will require an Attorney General's opinion, since the decision could have a state-wide
effect. Following review of the State statutes, he noted that Section 7-3-104, Montana Code
Annotated, provides that once a change in the form of government has been approved, it may
not be voted on again for three years, although amendments may be voted on pertaining to the
alternative form, or services or functional transfers may be considered.
. Responding to Commissioner Frost, Administrative Services Director Gamradt stated
that the effect of this charter on the tax increment financing district has been discussed.
He
noted that, while bonds can still be sold under the proposed charter, the sale of the bonds
would be more difficult.
Mr. Chris Pope, member of the Downtown Improvement District Board, stated the
Board is concerned about the uncertainties surrounding the proposed charter and the potential
that those uncertainties will undermine their work. He noted the Board further feels that it
is
not prudent to move forward with a document without knowing the outcomes at every turn.
Commissioner Youngman noted that Section 5.01.3.(d) of the proposed charter
requires the City Manager to present "a comparison of actual prior year and anticipated
. revenues and expenditures for the upcoming year". She questioned how this can be
accomplished, given the fact that actual costs for the prior year are not known until well
after
the next fiscal year has begun.
City Manager Wysocki responded that, from a practical standpoint, it is not possible
to provide actual prior year figures until at least September or October. He noted that, in
light
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of the Commission's desire to have the budgeting process completed prior to start of the new
fiscal year on July 1, it is not possible to meet this provision.
Mr. Jeff Krauss responded that the section, as written, is designed to allow the
process which has been used for the past several years. He noted that this section requires
. actual figures for the previous fiscal year, year-to-date figures for the current fiscal year, and
projections for the next fiscal year. He assured the Commission that the process for budgeting
that has been followed the past few years is adequate. He indicated that it was important to
include a section on budgeting in the new charter, and this section was not intended to make
any changes in the current procedure.
Mrs. Judy Mathre, Local Government Center, stated that she generally likes charters
with self-government powers because they provide additional flexibility. She then asked
to
what extent this charter provides additional flexibility in the way the community will be
governed in the future.
Dr. Ken Weaver, Local Government Center, agreed that charters generally provide an
opportunity to exercise greater flexibility in municipal government. He stated, however, that
. this particular charter provides less flexibility to govern than any other municipal government
in Montana, with or without a charter. He stated that, if the charter is adopted, Bozeman
would be the least flexible municipality in the State, noting that it has more flexibility under its
existing general government powers.
Dr. Weaver asked the Commission to consider the following questions: (1) How does
the City gain any flexibility to govern in the face of change, like this community is currently
confronting, with the limitations contained in the proposed charter? and (2) How are you going
to pay for it, particularly in view of the City's reduced taxing authority and 1-105? He stated
that statistical information from the ten cities in Montana with City Managers reveals that those
cities with districts cost taxpayers substantially more than those cities where Commissioners
are elected at large.
. Mr. Scott Heck asked the Commissioners to consider the effect this charter might
have on the City's bonding capacity. He then asked if the charter would negatively impact the
ability to grant a reduction of taxes for new and expanding businesses. He concluded
by
asking if the community would be precluded from considering the charter again within a short
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time if it is not approved in this election. He recognized the work which the Study Commission
has completed, expressing concern that it not be wasted.
Dr. Ken Weaver stated that if this charter fails on the upcoming ballot, the electorate
would be unable to consider it for a period of time, however, that period of time is at question
. since there are conflicting State statutes on the issue. He suggested that, through a petition
signed by 15 percent of the voters, the issue could be placed back on the ballot, and asked the
Commissioners if they would be willing to appoint a study commission to refine the charter.
Responding to Mayor Stueck, Dr. Weaver stated it is possible to consider self-
government powers under the existing Commission-Manager form of government. He
cautioned, however, that the community has a history of not supporting that option.
Commissioner Frost stated that, while he recognizes the benefits of a charter with
self-government powers, he does not support the charter before the electorate at this time.
Mrs. Joanne Eaton, Study Commission member, asked where everyone was a year
ago or four months ago, when the Study Commission was conducting its meetings and public
hearings on this document. She suggested that if this input had been provided earlier, the final
. report could have been revised to reflect the concerns, noting that the tentative report was
available for review at City Hall and the Bozeman Public Library.
Mayor Stueck stated that his main questions revolve around bonding, and information
regarding that issue was not available until just recently.
Mrs. Anne Banks, 7 Hill Street, stated that she completed the questionnaire as a
member of one of the City's advisory boards and has attended several meetings regarding the
proposed charter. She noted that through the process, she has raised concerns on
several
occasions. She then noted that the implications which this charter has on the financial
and
organizational aspects of government have just arisen, which is why people are now raising
questions.
. Mr. Bill Mitchell, 122 South Church Avenue, emphasized that the charter is a living
document and can be changed. He stated that the reason the charter and self-government
powers failed the last two times is because there was no tax structure and nothing to "stop
taxation from going through the ceiling". He stressed that government must learn to control
its costs through productivity and greater efficiency. He characterized the proposed
charter
as a starting place, which can be adjusted through voter-approved amendments. He cautioned
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that if the Commission becomes involved in preparing a revised charter for voter consideration,
it will become a political game and will gain no voter support.
Mayor Stueck stressed that the purpose of this meeting was to discuss some of the
questions and issues which have arisen in recent weeks, stressing that the Commission as a
. whole will take no position on the proposed charter.
Mr. Jeff Krauss stated that the Study Commission gathered information and
incorporated that information into the proposed charter. He indicated that the elements
contained in the final report reflect the unanimous support of the members. He stated that the
City was represented by Neighborhood Coordinator/Grantsperson James Goehrung, and he was
well aware of the Study Commission's process. He recognized that, while City staff could have
approached bond counsel earlier in the process, he could have also, on behalf of the Study
Commission, and failed to do so. Mr. Krauss stated he would like to see the charter adopted,
recognizing that some amendments may need to be made immediately after its adoption.
Mr. Krauss stated that the need for checks and balances was identified early in the
process. He noted that with self-government powers, a significant method of checks and
. balances is removed because the State control is minimized, and an alternative system of
checks and balances must be provided in the charter. He also stressed that the
Study
Commission was responding to issues identified by those providing input into the process when
they wrote the proposed charter, while providing a workable mechanism under which the City
could operate.
Mr. Carroll Henderson, Study Commission member, stated the previous charter was
turned down because the voters were suspicious about giving too much power to the City
Commission. He stated that this Study Commission made the most intensive study of
any
Study Commission to date, and 86 percent of the residents responding to surveys indicated
their desire to have some say in their taxes. He noted that, in a conversation
with Senator
Dorothy Eck, who served on the 1972 Constitutional Convention, she questioned why anyone
. would oppose a charter with self-government powers since it puts the power back at the local
level. He also stressed that the charter may be amended at the local level once it is adopted,
Commissioner Youngman stated that a review of the statistical information generated
from compilation of the surveys shows that 34,5 percent of the voters said they wanted to
vote on all taxes, while 65.5 percent said they wanted to vote on some, She also noted that
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a majority of the respondents indicated they did not want districts, but wanted to continue
electing Commissioners at large, and they did not support an increase in the number of
Commissioners. She further noted that at least two staff members strongly recommended that
the charter be subjected to legal review prior to completion of the final report, suggesting that
. such a review would have identified some of the problems that have been discussed today.
Mrs. Jennifer Smith Mitchell, Chair of the Study Commission, stated that the report
is based on all of the input they received, not just the statistical survey. She also indicated that
the Study Commission members reviewed the responses to the open~ended questions as well
as the statistical data when considering that input. She then indicated that James Goehrung
reviewed the report, and a copy was available for review by City employees, including the City
Attorney. She indicated that the comments forwarded by the City Attorney were taken
seriously. She noted that County Attorney Mike Salvagni and Dr. Lopach also reviewed their
report, and those reviews indicated the document did not contain anything illegal.
City Attorney Luwe stated that when the Study Commission was formed, he offered
his legal services when requested. He noted that opinions on specific items were requested,
. but he was never asked to review the charter as a whole and that, since he defended the City
in a lawsuit brought by the Chairperson and in light of the Study Commission's expressed
desire to appear to be independent of the City, he felt it was inappropriate to interject himself
into the process unless asked.
Mayor Stueck commended the Study Commissioners for their work on the charter,
recognizing that it represents a tremendous number of hours and amount of work.
Discussion - FYI Items
City Manager Wysocki presented to the Commission the following "For Your
Information" items.
(1) Copies of five different letters which were mailed to residents along South
. Third Avenue (depending on the circumstances for the individual loti, notifying them of an
informational meeting scheduled for 7:00 p.m. on Wednesday, November 13, in the
Commission Room.
(2) Copy of a letter sent to property owners
near the intersection of North
Broadway Avenue and East Mendenhall Street, notifying them that the existing "stop" sign is
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to be relocated to East Mendenhall Street, making North Broadway Avenue a through street.
(3) Memo from Animal Control Officer Connie
Lien, dated October 24,
forwarding her comments regarding the letter to the Commission dated October 14, regarding
a multi-pronged education approach to dog problems.
. (4) Agenda for the Development Review Committee
meeting to be held at 10:00
a.m. on Tuesday, October 29, in the Commission Room, along with a revised agenda for that
meeting.
(5 ) Agenda for the special Design Review
Board meeting to be held at 3:30 p.m.
on Friday, November 1, in the Commission Room.
(6) Agenda for the County Commission meeting
to be held at 1 :30 p.m. on
Tuesday, October 29, at the Courthouse.
(7) Agenda for the Montana Transportation
Commission meeting to be held on
November 7 in Glasgow.
(8) The City Manager submitted his weekly
report, as follows. (1) Attended a
co-op meeting between City staff members and County Commissioners regarding the
. jurisdictional area and how a change in jurisdiction would transpire. (2)
Announced that
Director of Public Service Phill Forbes attended a meeting between the Montana League of
Cities and Towns and the Montana Department of Transportation last week to discuss
operation of the Department of Transportation. (3) Reminded the Commissioners of
the
meetings scheduled for Wednesday at 10:00 a.m. regarding recycling and 1 :30 p.m. regarding
composting in the Community Room of the Courthouse. (4) Attended the Banquet
of
Excellence at MSU this past week. (5) Announced that the police conducted a sting operation
to check on the sale of alcoholic beverages to minors.
(9) Commissioner Rudberg stated she had
a telephone call from Frank Carter,
who wished to discuss the proposed flare at the landfill with each Commissioner individually.
. She stated that her recommendation to him was that he address the Commission as a whole.
He asked that he be given that opportunity prior to the November 7, which is when the
Montana Department of Environmental Quality will consider the issue, and suggested that he
be given ten minutes on next week's agenda.
The Commissioners concurred that would be acceptable.
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Adiournment - 6:20 p.m.
There being no further business to come before
the Commission at this timet it was
moved by Commissioner Frost, seconded by Commissioner Rudberg, that the meeting be
adjourned. The motion carried by the following Aye and No vote:
those voting Aye being
. Commissioner Frost, Commissioner Rudberg, Commissioner Stiff, Commissioner Youngman and
Mayor Stueck; those voting No, none.
c2 ~/'$h..,-k
DON E. STUECK, Mayor
ATTEST:
~ /d~
ROBIN L. SULLIVAN
Clerk of the Commission
.
.
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