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HomeMy WebLinkAbout1996-10-28 Minutes, City Commission -"....-. . -. ----.-. ~. MINUTES OF THE SPECIAL MEETING/WORK SESSION/AGENDA MEETING OF THE CITY COMMISSION BOZEMAN. MONTANA October 28. 1996 ***************************** . 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, 10-28-96 --. .-.---....-.-.. . --.-....---.- - .---. ~ 2 ~ 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 10-28-96 ____m.____._._._ _ _.._.__. ._______ - 3 - 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 1 0-28-96 ------ ---------- -.---.-.-.-- - 4 - 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 10-28-96 -" -..-. .-.-.-.-.-. ..... --. ..-.- .---- - 5 - 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. 10-28-96 - ---- ---------- --.".... .--. - 6 - 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. 10-28-96 ____ _. _n_ .... -- .-., --- ------.. -. - 7 - 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 10-28-96 - 8 - 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: 10-28-96 - 9 - 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 10-28-96 --. .--.. .-. . 10 . 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. 10-28-96 ------ - 11 - 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 10-28-96 - 12 - 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 10-28-96 -...-----..--. - 13 - 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. 10-28-96 ..-.---- .-.-.-.- .__________ .._n__"..,,_ - 14 - 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. 10-28-96 - 15 - 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 10-28-96 . -..-- ------ - 16 - 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 10-28-96 --..-....---.---..--.--- n_ ... _._. - ....... - 17 - 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 10-28-96 - 18 - 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 10-28-96 - 19 - 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 10-28-96 -- ------.-- -..--..- ..--- -------..-.- . - 20 . 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 10-28-96 --------------- -- ... --.---- ______._._ n_. __. - 21 ~ 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 10-28-96 ~ 22 ~ 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 1 0~28~96 ---....-- - 23 ~ 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. 10-28-96 - 24 - 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 . . 10-28-96 - - ---- -----