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HomeMy WebLinkAbout1995-04-24 ccmWORK MINUTES OF THE WORK SESSION/AGENDA MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA April 24, 1995 ***************************** . The Commission of the City of Bozeman met in work session and agenda meeting in the Commission Room, Municipal Building, April 24, 1995, at 3:00 p.m. Present were Mayor Vincent, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost, 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. Work Session - (A) Staff uodate re minor modification to site plan for Comstock Aoartments fB) Review of affordable housing policy/zone code density reauirements (C) Discussion in preoaration for town meeting re arowth issues (0) Presentation from Emilv Swanson re legislative session (A) Staff update re minor modification to site plan for Comstock Apartments Assistant Planner Lanette Windemaker stated that the developer of Comstock . Apartments, a low-income housing project, has requested that he be allowed to construct two buildings, containing 24 apartment units, instead of the three buildings, containing 24 apartment units, which were approved under a Conditional Use Permit on October 3, 1994. She stated that the buildings are to be constructed on the same footprint as was originally approved; however, both of the structures are to be two-story structures on both the uphill side and the downhill side rather than one-story on the uphill side and two-story on the downhill side, as originally planned. The Assistant Planner stated that this request has been treated as a minor modification, with review by the Development Review Committee and a final decision by the City-County Planning Director. She noted that the City-County Planning Board has received an update on the requested modification and has indicated no problem with it. . Assistant Planner Windemaker stated that, except for the elimination of one building, there are essentially no other changes to the site plan; and the original conditions of approval sti/l remain in effect. She noted that, with elimination of the building, the tot lot could be moved to that location; and that would provide additional area for storm detention/retention 04-24-95 --. - 2 - close to the parking lot and buildings. She characterized the revised plan as a better plan, with more open space. Responding to Commissioner Stueck, the Assistant Planner stated that access to both parking lots can be gained from both buildings because they have front and back doors. . Mayor Vincent stated he feels the modification is an improvement. Commissioner Stueck expressed an interest in obtaining figures reflecting the difference in cost of constructing the two buildings versus three buildings, noting that information could be beneficial in consideration of future affordable housing projects. Mr. Dab Dabney stated a willingness to provide that information. (8) Review of affordable housing pOlicy/zone code density requirements Planning Director Andy Epple noted that his memo of April 21 was included in the Commissioners' packets. In that memo, he provided responses to questions the Commissioners had raised a couple of weeks ago about how many residential developments have been reviewed since the housing policy was adopted in December 1994; the response is that six developments have been proposed. He noted that an additional question was what percentage . of the lots in those developments were at minimum lot size for the district. He drew the Commission's attention to the table showing each of the six developments, including the zoning designation, minimum lot size, number of residential units, and percentage of lots within 10 percent of the minimum lot size, that has been attached to the memo. He briefly highlighted that information, noting that the R.R. Nelson project seems to provide the highest percentage of density allowed. He noted that the Cupola project, which is located in M-l and B-2 zones, is not subject to any minimum lot sizes; however, he suggested that the 86 residential units proposed will probably be affordable or efficiency type units, given the mixed use of the development. Responding to questions from Commissioner Stueck, the Planning Director stated that . the density of surrounding development often dictates the density of an infill project, more than the zoning designation itself. He stated that if all of the surrounding development is single- family residential, it is nearly impossible to construct a high-density apartment complex on a remaining parcel, even though the zoning might allow it. He noted, rather, that high-density residential development is designed to serve as a buffer between commercial or more intense uses and lower-density residential development. 04-24-95 - 3 - Commissioner Frost noted there is not much vacant R-4 zoned property remaining in the city; and not all of that property is situated where high-density residential projects would be acceptable. He asked what steps can be taken to ensure that the type of development anticipated in such a zone will be constructed, instead of low-density, single-family . development. The Planning Director stated that under the current zone code, the market has dictated the type of development which has occurred in any zone because of the cumulative nature of the zone code. He then cited several examples of the multi-family development that is beginning to occur around the community, stating that the developers are beginning to recognize that market exists. Commissioner Youngman noted that the idea of redefining the R-4 zoning designation to include a minimum density as well as a maximum density has been previously raised, and asked about that possibility. Planning Director Epple stated that could be easily accomplished through a zone code amendment; and that could serve as an interim measure while the entire master plan and zone . code are being reviewed and updated. He estimated that the zone code amendment process would take eight to twelve weeks after receiving direction from the Commission. He recognized the workload which Planning staff is facing; however, he also noted that time has been set aside in the work plan for addressing the affordable housing policy issues. City Manager Wysocki reminded the Commission that Valley Unit Subdivision was originally zoned with business park along the US Highway 191 frontage, then high-density residential, with layers of lower-density residential zoning designations closer to Durston Road. He noted, however, that covenants requiring the construction of single-family homes were attached to several of the lots in the R-4 zoning; and that has resulted in a conflict between the single-family development and adjacent commercial development that was recently approved. He suggested that if the subdivision had developed as originally zoned, public . comment received during the public hearing on the commercial planned unit development would have been substantially different. Commissioner Youngman noted that two separate memos from former Associate Planner Kevin Wall, dated January 1993 and February 1994, suggested that R-5 zoning be reinstated. 04-24-95 - 4 - The Planning Director responded those memos were prepared for one specific project. He then cautioned that, with the densities allowed in that lone, only a high-rise apartment complex with underground parking could approach the maximum density of 27 dwelling units per acre. . City Manager Wysocki cautioned that the impacts of creating minimums for the R-4 and possibly R-3 zoning designations on City infrastructure should be carefully considered. He cited the northwest quadrant of the community as an example, noting that while North 19th Avenue is to be completed later this summer, there are no water or sewer main extensions to that area. Planning Director Epple stated that staff is just completing a land use inventory for the jurisdictional area. That inventory will provide information on acreages and percentages of land available in the community in each type of zoning designation. He noted that information can then be compared to national averages that show the optimum mix of industrial, commercial and residential zones; and that information can be utilized in determining what types of zoning designations are needed for balanced growth. Responding to the City Manager, the Planning Director stated that the former Dickinson . Manor (now Acadia Gardens) apartment complex nears the maximum density allowed in the R-4 zoning district, with adequate parking provided; however, there is no space for outside storage, which concerns him. He stated that up to 4-story structures are allowed in the R-4 zone; and this complex will have 2 % -story structures. Commissioner Stiff forwarded his concerns about making any major changes to the zone code because establishing minimum densities in the higher-density zoning designations could eliminate the potential for mixed uses, which is what has made this an attractive community to date. He stated, rather, the law of supply and demand should be allowed to continue governing the type of development that occurs. Commissioner Frost noted that three weeks ago, he attended two workshops on affordable housing, one in Billings and one in Denver. He stated that at both of those . workshops, inclusionary zoning was identified as the mechanism for attaining affordable housing units; and they recommended 15 percent instead of the 1 O-percent which the City was considering under its affordable housing policy. Commissioner Youngman noted that under the timeframe established in conjunction with adoption of the affordable housing policy, four of the times have passed, with no action 04-24-95 --- - 5 - being taken. She then asked if Planning staff has done any work on those items; the Planning Director responded they have not. She further suggested that lowering the open space requirements for planned unit developments, in exchange for a guarantee of affordability, be considered. . Commissioner Frost noted that at the Denver workshop, land trusts were identified as one successful method of ensuring that affordable housing is provided. He stated that three communities were identified as examples of how unsuccessful a reduction in development standards was in accomplishing that same task. He stated that it is obvious the lowering of standards does not reduce the costs significantly enough to be beneficial in the affordable housing market; and, in that light, he supports retaining the standards as they currently exist in Bozeman. The Commission asked that staff proceed with possible revisions to the R-3 and R-4 zoning designations to include a minimum density. Staff was also asked to give attention to the mixed neighborhood/1 O-percent minimum lot size idea and to provide a summary report on progress in addressing the other goals that require staff attention for implementation, including . revised timeframes for completion. (C) Discussion in preparation of town meeting re growth issues The Commission discussed whether it should conduct the town meeting, whether it should be conducted as a joint City Commission/City-County Planning Board meeting, or whether the City-County Planning Board should conduct the town meeting. Planning Director Epple cautioned that to have the City Commission conduct the town meeting, followed by work sessions conducted by the City-County Planning Board as a part of its comprehensive review of the master plan, could be confusing to the public and result in lowered participation in that process. Mayor Vincent forwarded his vision of the town meeting, which includes staff submittal of raw data on growth, i.e., the number of housing starts, impacts of facilities, impacts on tax . rates, and then soliciting unstructured input from those in attendance. He suggested that, due to the number of people he anticipates, all verbal testimony be limited to three minutes, with expanded testimony being accepted in written form at that time. Commissioner Frost stated that information on other related issues, i.e., crime counts, increased costs due to added police personnel, increased numbers of City employees, and costs 04-24-95 -_.- - 6 - of providing additional water resources, should also be included in the raw data provided. City Manager Wysocki suggested that the Commission allow the City-County Planning Board to conduct the town meeting, noting that it appropriately fits into their duties. Commissioner Stueck suggested that a work session with the City-County Planning . Board be scheduled to further discuss the format for a town meeting; the Commission concurred. (D) Presentation from Representative Emily Swanson re legislative session Representative Emily Swanson provided a brief update on legislation impacting local governments, divided into three categories: (1) unfunded mandates, (2) local control and local options and (3) tax policies. Representative Swanson noted that unfunded mandates are becoming unacceptable, noting that SB135, which passed and is now on the Governor's desk, states there will be no more unfunded mandates. She reviewed the provisions of SB417, which reduces the business equipment tax from 9 percent to 6 percent over a three-year period. The State plans to reimburse local governments for the reduced revenues from this source for a ten-year period; . then the local governments will be required to absorb that loss. She noted the concept is that businesses taxes will increase sufficiently during that period of time to mitigate any financial losses to local governments. She stated that SB301 and SB324, which included unfunded mandates, did not pass during this session. Representative Swanson turned her attention to local options. She stated that SB377, which revises the way in which boards are appointed and provides local flexibility, was adopted. She noted that this bill is similar to, but better than, HB604, which did not pass. SB236 and HB606, pertaining to local option taxing, both failed. She stated that, while the State Legislature recognizes a state-wide sales tax is not a viable consideration for probably the next twenty years, they are not willing to allow local governments to seek local option taxes. She noted that a bill expanding the resort tax option so that Whitefish could participate did gain . approval. She stated that S8227, which would have limited the jurisdictional area of cities did not pass. SB52, pertaining to annexations did pass during the legislative session. Representative Swanson then addressed the issue of tax policy. She noted that HB497, was adopted, but not in the format that would have benefited all of the elder and low-income homeowners in high-growth areas. She characterized it, instead, as the "Flathead County relief 04-24-95 - 7 - bill". SB421, which would have enacted a more stringent 1-105, was killed. Commissioner Frost noted that it appears the State Legislature is interested in cutting the tax base for property taxes and continuing or strengthening 1-105, won't allow local option taxes, and continues to adopt unfunded mandates. He noted that cities are caught at the . bottom of the heap. The Commission thanked Representative Swanson for her legislative update. Aaenda Meetinq - for reaular meetina to be held on Mav 1, 1995 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) Included in the packets was a memo from City Engineer Craig Brawner providing responses to the questions raised by the Commission as a result of last week's public hearing. Commissioner Frost asked if sidewalks may have been required with Phases // and 1//, . in light of the Improvements Agreement for Phase I, which shows that sidewalks were to be installed. City Attorney Luwe responded that a review of minutes would be necessary to make that determination. Commissioner Stueck asked about a bridge over the creek at the intersection of Mason Street and South Tracy Avenue; the City Engineer responded that the sidewalk will become a curb sidewalk at that point, noting there is adequate length on the culvert to accommodate the sidewalk, with a railing along the edge for pedestrian safety. Commissioner Stiff noted that the calculations on average lineal footage was astounding. He also noted that a drive around the Figgins Addition, to view sidewalks which have been recently installed, was very enlightening. . (5) Planning Director Epple stated that Director of Public Service Forbes will be preparing a memo regarding the sewer service area boundaries for consideration at next week's meeting. The Planning Director noted that in that memo, he will suggest that the Commission consider the long-term plans for the area rather than the sewer service boundary. 04-24-95 - 8 - Responding to questions from the City Manager, the City Attorney stated that the public hearing which the Commission held was not required by statute, rather it was held for legislative purposes. He then indicated that he does not have any problem with information from the draft sewer facility plan being considered in the decision-making process. . (6) The Planning Director stated that Laura Danhof owns the property immediately adjacent to her business at 122 North 8th Avenue; and she has submitted a concept plan to allow development of a tri-plex on that property. The land is currently vacant and is zoned for commercial development; therefore, this application represents an out-of-district use. He stated that the Design Review Board has reviewed the application; and information from that meeting will be submitted in this week's packet. (7) Commissioner Frost and Commissioner Youngman forwarded proposed language changes to the revised wording for the Commission's top priority goal on long-range planning. Those revisions included changing the first word in the statement from "request" to "direct"; adding "area municipalities" in the second line so that it reads" ..., in concert with Gallatin County, area municipalities, and other agencies"; and changing "adequate" to "available" in the . fourth line of the second paragraph. The Commission then asked that this item be placed on the Consent Agenda for next week's meeting rather than being listed as a discussion item. ( 17) City Attorney Luwe reminded the Commission that the deviation requested by Jennifer Smith Mitchell has been remanded back to them by the District Court for reconsideration. He asked that at this time, the Commissioners forward any questions to staff for which they would like staff responses during the public hearing, and avoid any discussion of the agenda item itself. Commissioner Stueck asked if there is any problem with Commissioners contacting the staff during the upcoming week, noting he has a question concerning height. The City Attorney responded that Commissioners may present additional questions to . staff during the upcoming week; but staff will answer the questions at the public hearing so they are a part of the record. Commissioner Frost asked if the information in the Commissioners' packets represent a complete file or a partial file. Planning Director Epple responded that the information in the packets represents a complete file of the information received during the November 1993 consideration of this item, 04-24-95 --- - 9 - plus the minutes and transcripts from those meetings. Also included in the information is a memo from Jennifer Smith Mitchell, dated March 28, which begins this new public hearing process. City Attorney Luwe noted that, distributed just prior to the meeting, were copies of a . memo from Senior Planner Dave Skelton, dated April 24, and a memo from Historic Preservation Officer Derek Strahn, dated April 20. He stated that those should be considered, as well as any information received during the public hearing. Responding to Commissioner Youngman, the Planning Director reaffirmed that the Commission has all of the information that is in the Planning files pertaining to previous consideration of this item. Commissioner Frost asked if it is legal for the Commissioners to review the court materials. City Attorney Luwe responded that this information is a matter of public record; however, he cautioned that its relevance may be limited. He then cautioned that if the Commission wants a transcript of the trial, which lasted a whole day, he must first order the . transcript. He stated that will cost a substantial amount of money, plus delay any consideration of this item for probably a month. He stated that this was remanded back to the Commission for decision, based on what will be presented during the upcoming public hearing. Mayor Vincent stated that the Commission is essentially being asked to "go back to ground zero and start over" on this application. Commissioner Youngman requested that, at next week's meeting, staff provide a clarification on the sketch submitted by the Mitchell's during the previous public hearing which compares the requested gambrel roof to a gable roof. Commissioner Youngman noted that the language in the zone code, under the deviation section, includes language about adverse consequences on neighboring properties. She asked . staff to address, at the hearing, whether there are any criteria to be considered, or any other basis for weighing that element. City Attorney Luwe asked that any additional questions be forwarded to staff as soon as possible so that staff can be prepared to address them. (8) Commissioner Stiff forwarded his continued concerns about combining of the CDBG Revolving Loan Fund and the Community Housing Fund, particularly in light of the 04-24-95 -- - 10 - comments by Neighborhood Coordinator/Grantsperson James Goehrung. Commissioner Youngman asked about the possibility of taking the requested $7,000 from a source other than the CDBG Revolving Loan Fund. The City Manager cautioned that, while it would be possible to fund this expenditure . from the General Fund, care should be taken to ensure that source is not considered for other, larger expenditures. Commissioner Stueck expressed an interest in having the language of this agenda item expanded to allow the Commission to take action on the source of revenues for the $18,500 commitment to the HRDC project as well. (9) The City Manager asked if the CDBG Loan Review Committee should be invited to meet with the Commission regarding this and the following agenda item. He suggested that they might provide some valuable information pertaining to both items. The Commission concurred; and the City Manager stated he will forward an invitation for Committee members to meet with the Commission, scheduling the agenda item for 5:00 p.m. and allowing a half hour for discussion. . (10) Commissioner Youngman expressed concern about the proposed name for the restructured committee, noting she has several different suggestions. (11 ) Commissioner Stueck asked about the status of other potential projects that are to be considered during the budgetary process. The City Manager responded that he will have a memo for the Commissioners' packets which outlines the various projects to be considered during the upcoming budgetary process. (12) The City Manager asked the Commission to carefully review its budget unit for the upcoming fiscal year in the near future, so it can be incorporated into the budget. He noted that, not only are there probably some questions about items included by the Clerk of the Commission in the proposed budget; but there are also items which some of the Commissioners have indicated an interest in adding. . The Commissioners concurred that this item should be placed after the public hearings on next week's agenda, for in-depth review and discussion. ( 18) Mayor Vincent stated he feels there are traffic impacts that will result from the requested street closures which are not reflected in the information which the Commission has received to date. He then asked for additional information on those impacts, if it is available. 04-24-95 - 11 - He further expressed concern about the potential impacts of closure of South 11 th Avenue and Kagy Boulevard during construction of the new football stadium, coupled with the impacts of these requested closures. . Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Copy of the timetable, budget and by-laws adopted by the Bozeman City Study Commission. (2) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, April 25, in the Commission Room. (3) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, April 25, in the Commission Room. (4) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, April 25, at the Courthouse. . (5) Copies of the updated hearings procedures to be followed during public hearings and hearings on appeals before the City Commission. The City Manager briefly highlighted the changes in these schedules, cautioning the Commissioners that questions are to be limited to clarification only. (6) Copy of the brief description of disposition of various bills of interest to local governments during the recent legislative session, as prepared by Alec Hansen, Executive Director of the Montana League of Cities and Towns. (7) The City Manager submitted his weekly report, as follows. (1) Attended the RSVP dinner meeting. (2) Announced that the City has received a request from the GSA for permission to block off parking along the south side of East Babcock Street in front of the . Federal Building. He noted that parking has already been barricaded around the other three sides of the Federal Building, in response to the recent incident in Oklahoma City; and a security guard has been hired. He noted that this same effort is occurring in other communities in Montana. (3) Noted that meetings with the County regarding the dispatch center continue. (4) Attended the Library meeting at the County on Thursday afternoon. (5) Attended the MMIA Board meeting in Helena on Friday. He noted that at that time, the Board reduced premiums 04-24-95 _.- --~- - 12 - for the workers' compensation program by 14 % percent, in response to legislative changes. (6) Addressed a Knights of Columbus meeting on Friday night. (7) Announced that he and Assistant City Manager Brey will be attending a Greater Open Spaces City Management Association meeting in Great Falls later this week. (8) Reminded the Commissioners of "Clean . Up Bozeman" on Saturday. (9) Announced that the Transportation Coordinating Committee will meet at 10:00 a.m. on Wednesday in the Commission Room. (10) Announced that the Audit Committee will be interviewing three firms later this week. (8) Commissioner Frost submitted the following. (1) Attended the meeting on the green building at MSU on Wednesday. (2) Stated that he has copied the information he received at the affordable housing workshop for each of the Commissioners. (9) Commissioner Frost reminded the Commission that Friday is Arbor Day. He noted that the Tree Advisory Board has indicated an interest in planting a 3-inch caliper elm tree somewhere around City Hall, and has asked that the Commission pay for the tree, at a cost of $220. The Commissioners concurred, recognizing that those monies will be taken from their budget unit. . (10) Commissioner Youngman submitted the following. (1) Noted an article in the April 17 edition of the Nation's Cities Weekly, pertaining to an electronic mail system about waste management. (2) Noted an article entitled The Diffuser in the recent newsletter on water, which pertains to alternate waste water treatment programs. (3) Attended the green building meeting at MSU. (11 ) City Attorney Luwe stated that on Thursday, Barry O'Connell tried the case Geldof vs the City, on behalf of the City. He stated that after the 1 %-day trial, the jury found the City not negligent in the maintenance of its sidewalks. Adjournment - 6:10 D.m. There being no further business to come before the Commission at this time, it was . moved by Commissioner Stueck, seconded by Commissioner Frost, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none. 04-24-95 - 13 - ATTEST: . ~;/~ <I) ,. '0 ROBIN L. SULLIVAN Clerk of the Commission ,. . . 04-24-95 --- -....-