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HomeMy WebLinkAbout1994-12-12 ccm MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA December 12, 1994 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, December 12, 1994, 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. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - December 5. 1994 It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the I minutes of the regular meeting of December 5, 1994, be approved as submitted. The motion . carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost and Mayor Vincent; those voting No, none. Mayor Vincent deferred action on the minutes of the regular meetings of September 6, September 12, October 3, and October 17, 1994 to a later date. Reauest for Dermission to address Commission re sidewalks and snow Dlowina - Don McBride. 412 Cutting Included in the Commissioners' packets was a letter from Mr. Don McBride, 412 Cutting, dated November 30, 1994. Mr. McBride raised the issue of requiring sidewalks along Cutting Street, reviewing its . background. He noted that in March 1972, Figgins Subdivision was approved, with a 40-foot street right-of-way in Block 1. The street is 37 feet wide, back-of-curb to back-of-curb. On May 4, 1992, the City Commission voted to not require the installation of sidewalks along the cul-de-sac streets in that immediate area due to the lack of adequate right-of-way. On March 28, 1994, the Commission adopted Commission Resolution No. 2965, establishing a revised 12-12-94 ---- - -.------.. - .-.---- ,.-- --- - ---. ------- ,.. ._u_._____.... -- .. -.. ......------.. .. - .. - 2 - sidewalk policy; and under that policy, sidewalks are required along all permanent cul-de-sac streets. Mr. McBride asked when sidewalks will be required along Cutting Street and what standard of sidewalk will be required: four feet wide or five feet wide; curb sidewalk or with . a boulevard. He also asked when a neighborhood meeting will be held. at which the various options might be discussed. He forwarded to the Commission a petition containing the signatures of 22 residents on Cutting Street who are opposed to the installation of sidewalks along that cul-de-sac. Mr. Don McBride then addressed the issue of street snowplowing on Cutting Street. He noted that under the current procedure, the trucks are used to plow the snow off the street, and the blade is not wide enough to clear the entire street in two passes. Since the trucks do not have gates on the plows, driveways are blocked, thus endangering the safety of the residents. He stated that when the big patrol is used instead of the trucks, it does a much better job and does not fill the driveways. Mayor Vincent suggested that City staff may be able to respond to the questions about . the installation of sidewalks. noting that the Commission is unable to do so at this time. He then recognized the concerns regarding the street snowplowing, noting that at least two of the Commissioners have raised similar concerns. He noted that additional equipment is needed to ensure that driveways and sidewalks are not filled with snow during the plowing of streets. Reauest for modification of Condition Nos. 4 and 5 for annexation of 147.23 acres located in the NE%. Section 30. T2S. R6E. MPM (north of Goldenstein Lane. east of south Third Avenue) - Don Hannah Included in the Commissioners' packets were a letter from Mr. Don Hannah, dated December 7, forwarding his request; a letter from Mr. Don Weaver, dated December 8, stating support for the request; and a memo from City Attorney Luwe, dated December 8, forwarding a recommended format for considering the request. Submitted to the Commission just prior . to the meeting were a letter from Mr. Jim Goetz, attorney representing the Citizens to Save Open Space for Bozeman, Inc. (50S), requesting that a public hearing be held prior to making a decision on this request; and a memo from City Attorney Luwe, dated December 12, responding to that request. 12-12-94 -------- .,. - 3 - City Attorney Luwe reviewed the information contained in the letters and memos which have been forwarded to the Commission. He stated that responding to this request is a two- step process. The first is to decide whether to reconsider Condition Nos. 4 and 5 for approval of the requested annexation of the subject 147. 23-acre parcel. If the Commission votes to reconsider its decision, the next step is to make a decision on whether or not to remove those . conditions. He recommended that the first step be taken at this time. In light of the letter from Mr. Goetz, although he does not agree that the notice requirements contained in Section 7-2-4312, Montana Code Annotated, need to be met again, he feels it would be appropriate to conduct a public hearing. He then recommended that, if the first step is taken, it should be followed by a motion to set a public hearing on this request for January 3, 1995, and direct staff to provide appropriate notice. He stated that this procedure, while not mandated by State statute, will eliminate any type of procedural challenge, which is in the best interests of the City. Responding to Mayor Vincent, the City Attorney confirmed that the request is for modification of the Commission's decision to approve the requested annexation, subject to . Condition Nos. 1 through 7, by eliminating Condition Nos. 4 and 5. Further responding to questions from Mayor Vincent, the City Attorney stated that the County Commission has no involvement in the annexation process. He noted that, since the property is still located in the county, they did review the request for a master plan amendment; however, if the Commission approves the request for elimination of the conditions requiring the applicant to obtain a master plan amendment and a zone map amendment prior to annexation, then the County Commission will no longer have any involvement in the processes. It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the Commission reconsider its decision of April 11, 1994, regarding annexation of the subject 147.23-acre parcel, particularly Condition Nos. 4 and 5. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Stueck, . Commissioner Frost and Commissioner Youngman; those voting No being Mayor Vincent. It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the Commission set a public hearing for January 3, 1995, and direct staff to provide appropriate notice. The motion carried by the following Aye and No vote: those voting Aye being 1 2~ 12-94 - 4 - Commissioner Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none. Mrs. Martha Lonner asked if development of the site can be discussed at the public hearing on January 3. . City Manager Wysocki responded that only annexation of the parcel, and the possible elimination of two conditions, is to be discussed at the January 3 meeting. Commissioner Youngman noted that, as a result of the 50S group's request to be notified about all meetings pertaining to a variety of issues, the entire Commission packet has been made available for review at the Bozeman Public Library. She noted that the information is available any time after 5:00 p.m. on Friday afternoon, during regular Library hours. Decision - reauest for modification of Condition Nos. 7 and 21 for approval of Durston Meadows Subdivision This was the time and place set for the approval of the request by Ken Burnham for modification of Condition Nos. 7 and 21 for approval of the preliminary plat of Durston Meadows Subdivision, under Application No. P-9437. The subject subdivision is a 146-lot . subdivision located along the north side of Durston Road between North 25th Avenue and North 27th Avenue, on a 30.416-acre lot in Annie Subdivision, Phase II. The subject conditions pertain to the assessment of impact fees and the requirement for improvement of North 27th Avenue to a full collector street standard. City Manager Wysocki reminded the Commissioners that they had discussed this request at their meeting of October 10, and had deferred the decision until a full Commission was present. At the October 24 meeting, action was once again deferred at the applicant's request. The City Manager stated that, following telephone conversations with several different people, he has found that Mr. Burnham has no standing in the subject property. He then . recommended that, to close this agenda item, the Commission vote to deny the request. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission deny Mr. Burnham's request for reconsideration of Condition Nos. 7 and 21 for approval of the preliminary plat for Durston Meadows Subdivision. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner 12-12-94 -.....-----.-. .. .------.-- ...-----.--- ..---.... - 5 - Youngman, Commissioner Stiff, Commissioner Stueck and Mayor Vincent; those voting No, none. Continued consideration of requested closure of Perkins Place Included in the Commissioners' packets were a memo from Director of Public Service . Phill Forbes to City Manager Wysocki, dated December 8; and a letter from Ms. Lisa Banick, attorney representing Mr. and Mrs. Rudy Svehla, dated November 23, in which she forwarded proposed alternatives for closure of Perkins Place. City Manager Wysocki reviewed the Director of Public Service's memo, noting that he has found none of the alternatives proposed by Ms. Banick to be superior to the plan forwarded by the Engineering Department. The City Manager noted that, after reviewing the alternatives proposed by Ms. Banick, it appears they would create a nightmare from the standpoint of snow removal. The City Manager reminded the Commission that staff's position has not changed, and that they do not support the requested closure. He noted, however, that if the Commission . chooses to proceed with the requested closure, it be with a perpendicular barrier. It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the Commission approve the requested closure of Perkins Place, for a one-year trial period, with a break-away gate and Knox box installed at approximately mid-block, in accordance with a design which has been reviewed and approved by the City Engineer. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Frost and Mayor Vincent; those voting No being Commissioner Stiff and Commissioner Stueck. Ordinance No. 1396 - Zone MaD Amendment - A-S to M-1 - 2.0 acres located in the W"h. SE%. NW%. NE%. NE%. and W"h. NE%. NW%. NE%. NE%. Section 17. T2S. R5E. MPM (south of Huffine Lane and west of Gooch Hill Road) Included in the Commissioners' packets was a copy of Ordinance No. 1396, as . approved by City Attorney, entitled: ORDINANCE NO. 1396 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, AMENDING THE BOZEMAN ZONE MAP'S ZONING DISTRICT DESIGNATIONS FROM AN "A-S" (AGRICUL TURE--SUBURBAN) DISTRICT TO "M-1 (LIGHT MANUFACTURING), ON 2.4 ACRES DESCRIBED AS THE WEST ONE-HALF, SOUTHEAST ONE-QUARTER, NORTHWEST ONE-QUARTER, 12-12-94 ---- - 6 - NORTHEAST ONE-QUARTER, NORTHEAST ONE-QUARTER AND THE WEST ONE-HALF, NORTHEAST ONE-QUARTER, NORTHWEST ONE-QUARTER, NORTHEAST ONE-QUARTER, NORTHEAST ONE-QUARTER, SECTION 17, TOWNSHIP 2 SOUTH, RANGE 5 EAST, MONTANA PRINCIPAL MERIDIAN, IN GALLATIN COUNTY, MONTANA. City Attorney Luwe reminded the Commission that they have conducted the pUblic . hearing on this zone map amendment and have directed staff to bring back the ordinance. He then recommended that they provisionally adopt the ordinance at this time and that it be brought back in three weeks for final adoption. It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the Commission provisionally adopt Ordinance No. 1396 on first reading, enacting a zone map amendment from A-S, Agriculture--Suburban, to M-1, Light Manufacturing, on a 2.4-acre parcel located along the south side of Huffine Lane and west of Gooch Hill Road, and that it be brought back in three weeks for final adoption on second reading. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Stueck, Commissioner Frost, Commissioner Youngman and Mayor Vincent; those voting No, none. . Discussion - possible change of Commission meetinQ schedule Included in the Commissioners' packets was a memo from Clerk of Commission Sullivan forwarding information on the meeting schedules in Billings and Great Falls, along with a proposed meeting schedule for Commission consideration. Mayor Vincent noted that he had requested the Clerk of the Commission obtain information from the Billings and Great Falls; and the information is more extensive than he had anticipated. He then noted that when he served as Speaker of the House, he implemented short legislative sessions on certain days, with the remainder of the day devoted to committee meetings. He stated that format seemed to work well, and allowed the work of the House to move more quickly when they were in session. Responding to questions from Mayor Vincent, the City Attorney stated that once the . Commission makes a decision on the meeting schedule, staff will bring back a resolution setting the new meeting schedule. He stated that if the Commission finds the new schedule is not working acceptably, staff can be directed to bring back a resolution revising the schedule once again. 12-12-94 -.---.....--. --.---..- - 7 - Commissioner Stueck stated he is essentially neutral about the proposed change. He noted that it will do little to shorten the amount of time that Commissioners spend in meetings; however, he does recognize the benefits it may provide for staff. Commissioner Frost stated a willingness to try the new schedule. Responding to questions from Commissioner Youngman, City Manager Wysocki stated . that the agenda meeting is designed to provide background information on items which will be on the following week's agenda. He noted that if the Commissioners have questions about a particular item, staff has adequate time to research the item and respond in the regular Commission meeting the following week. He suggested that in some instances, this may allow Commissioners to make a decision on the day an item is heard rather than delaying the decision until staff has time to research an issue. City Attorney Luwe noted that it is important to recognize that issues raised during a public hearing won't be resolved under this format. He suggested, however, that if the Commissioners are able to obtain background information and get their questions answered prior to the public hearing, they can better concentrate on the information received during the . public hearing. Commissioner Youngman noted that the staff report is typically reviewed at the beginning of the public hearing. She cautioned that care must be taken to avoid redundancy in this proposed change in scheduling. City Manager Wysocki stated it is important to recognize the hazards that can be encountered in the type of meeting structure which is proposed. He cautioned it is important not to skim over items in the public hearing process simply because they have been reviewed in preliminary discussions. He also cautioned that the Commissioners must be careful not to enter a public hearing with a preconceived position as a result of the agenda review, but must maintain an openness. Commissioner Youngman stated she feels it would be to everyone's benefit to make . it easier for staff, particularly the Planning Staff and the Clerk of the Commission. City Attorney Luwe noted that the proposed change also allows the Commission a little more time to consider some of its decisions. City Manager Wysocki noted that, under the new schedule, it may be possible for the Commission to obtain public input earlier in the process. He noted that under the present 12-12-94 ---- .- ., .---------. .. - - ..---.--- - 8 - system, frustration has been voiced from time to time over the Commission's inability to obtain additional public input after the public hearing has been closed. Commissioner Youngman suggested the possibility of changing the proposed schedule so that the work session, regular session and public hearing session are not all held on the same day. . Planning Director Epple stated he feels the proposed change in the meeting schedule could be advantageous. He noted that the staff planner could briefly update the Commission on any issues which may surround a zoning application which will be coming before them the following week, alerting the Commissioners to key items of concern. City Attorney Luwe reminded the Commission that applications for subdivision must be acted upon within sixty days of submittal. He cautioned that care must be taken to ensure that they are scheduled for Commission action within that review time. City Manager Wysocki suggested the possibility of accepting applications for subdivisions only on certain days, to ensure that the sixty-day requirement can be met. Commissioner Stiff stated his support for the proposed schedule, noting that several . of the major items which the Commission has considered recently, i.e., impact fees, the bond issue for transportation and affordable housing policy, could have been better addressed under the proposed format. He then stated that he feels attendance at all of the different meetings should be mandatory, rather than optional as it is in Billings and Great Falls. Mayor Vincent asked Clerk of the Commission Sullivan to review the proposed meeting schedule, in conjunction with other staff members, and forward alternatives for Commission consideration at next week's meeting. Discussion - possible revisions to housing policy in liaht of public input received durina work sessions and public hearing Included in the Commissioners' packets was a memo from Neighborhood Coordinator/ . Grantsperson Goehrung, dated December 6, forwarding three issues and six questions which he had identified as a result of reviewing the minutes and his notes from the public hearing. He reminded the Commission that under the timeline he had previously proposed, any revisions identified during this discussion will be incorporated into a resolution adopting the housing policy; and that resolution will be placed on next week's agenda for action. 12-12-94 ----- -.. .- ..----,.~--,.- - 9 - The Commissioners reviewed the three issues, as follows. 1. Include alternative curb and gutter design, allow on-site storm drainage in parkland dedication, fine tune cul-de-sac regulations as a part of the development concessions. Commissioner Frost stated he feels these items should be reviewed; however, he suggested they should be reviewed from the standpoint of being alternatives for any . development, not just an affordable development. He noted it is important to ensure that any changes are not to the detriment of the public health, safety and welfare. City Manager Wysocki noted that these have been identified as ways to reduce the costs of development. He then asked how the City can be sure that those reduced costs are passed along to the buyer. Commissioner Youngman stated these concessions would not be made without a guarantee that a certain percentage of the units will be affordable units. She noted her lack of interest in granting the concessions in exchange for loose promises that some of the units will be a little less expensive. Commissioner Stiff noted that when the Commission previously discussed this . possibility. it was in light of a public/private partnership; and no partnership has yet been formed. Commissioner Stiff noted that during the public hearing, testimony was received that smaller lots within a development may be just as valuable as the larger lots, particularly to someone who wants a smaller yard to maintain. Commissioner Youngman stated that if smaller lots were incorporated into a subdivision, there would be more lots within the subdivision and, therefore, more dwelling units developed. She suggested that this mechanism could still work effectively to provide more affordable units, even if not directly; and if it doesn't work, the Commission can once again consider inclusionary zoning. Commissioner Frost stated he feels the implementation of these alternatives would . definitely show the City's desire to enter into a partnership. He suggested that if the building community is truly interested in helping, this should provide the mechanism. Commissioner Stiff stated he has received input from an individual who suggests that construction can be done a lot cheaper than it is being done in Bozeman right now, without sacrificing anything. He then suggested that the entire process, from the idea through the 12-12-94 -------. - 10- consummation of a project, be reviewed to determine if it can be made easier or Quicker, thus cutting costs further. Commissioner Youngman stated that a fast track approval process for affordable projects is one of the items already included in the housing policy under consideration. She . suggested that having a project go through such a process will cause the City to analyze its processes very Quickly; and that may lead to a more streamlined process for everyone. Planning Director Epple reminded the Commission of the Quickness with which some projects have moved through the process. He cited the Dab Dabney project, which generates affordable housing units, and took six weeks from concept to final approval; and the subdivision application by Ken Burnham, which took eight weeks. He noted that these timeframes are about as short as one can find anywhere in the nation. He noted that, despite these examples, there is a perception that a problem with the process exists; and that perception is reality to people. He recognized that problems do occur and the process can become lengthened; but he asserted that is due to the applicant's wanting to do something other than what is allowed in the code. . City Manager Wysocki also reminded the Commission of the Wal-Mart project, which took 22 days from formal application to a decision. Commissioner Frost stated his concurrence with Planning Director Epple's comments. He noted the purpose of the new zone code was to speed up the process and, after monitoring it Quite closely, he feels that has been accomplished. He then cautioned that the standards should not be eliminated nor the public trust lost in any attempts to send a project through a fast track process. Planning Director Epple reminded the Commission of the degree of flexibility which the City's zone code contains. He noted that it is unique, on a nationwide basis, because of that flexibility and the type of review process which attends that flexibility. Responding to Commissioner Stiff, the Planning Director stated that a planned unit . development, by nature, is complex. He then stated that the Dab Dabney project and the Dickinson Manor project show that affordable units can be constructed under the existing zone code, without the use of density bonuses or an "affordable planned unit development". He suggested that the most affordable PUD is a project which conforms to the standards set forth in the zone code. 12-12-94 ----- - 11 - Commissioner Stiff expressed concern that the examples cited are ones which have been undertaken by "sophisticated out-of-state developers". Commissioner Frost stated he has questioned the benefit of an affordable PUD from the beginning. He noted that land costs are the biggest portion of the costs; and regulations . actually represent a very small portion of the costs. He recognized that this mechanism could help to reduce the costs a little; however, it would need to be combined with other mechanisms to provide affordable housing. Commissioner Stiff suggested that the Commission might be best able to help by getting out of the way and letting those who have proven they can provide affordable housing, such as the Human Resource Development Council and the Bozeman Interfaith Housing, do the work. Commissioner Youngman stated she feels it is imperative for the Commission to try every option available. She expressed concern that if the non-profits are allowed to address the problem alone, a severe housing crisis will result. Commissioner Stiff suggested that, through leveraging, the $100,000 set aside in the . Community Housing Fund could be used to generate some additional affordable housing. At Mayor Vincent's request, the Commissioners limited their discussion to the specific issues which had been forwarded. The Commissioners indicated they had no problem with this item. 2. Implement a concept review process that includes public participation early on. Following Commission discussion on whether or not the concept plan review process is effective, Planning Director Epple reminded them that the last round of zone code amendments included an amendment which provides for staff review of concept plans. Mayor Vincent stated he feels it is important for the public to be present at the concept plan review, so they are aware of the project being proposed and what impacts it may have on . their neighborhood, if any. He also suggested that the public should be allowed to provide input, so the developer and the Commission can identify any problem areas early in the process. Commissioner Stueck noted that the number of areas available for infill development are becoming very limited. He also noted that much of the current development is occurring 12-12-94 -......------. .. - ---- - - 12 - in the outlying areas of the community, where more development is occurring and the NIMBY factor is less. He then stated he feels the subdivision proposed by Mr. Burnham did not occur because of the requirement that he install North 27th Avenue at a full collector street standard. He also cited the costs of landscaping and berming at the Dickinson Manor project, along with requirements for extra "gingerbread", noting that all of those items drove up the cost by . approximately $2.000 to $3.000 per unit. to a level that was not financially feasible for the developer. He then suggested that the City should either provide concessions on the standards or be willing to sponsor financing for projects to drop the costs to a level which makes affordable housing projects feasible. Commissioner Frost stated that landscaping costs represent only a small percentage of the overall costs of a project. He noted, in fact, that HRDC is providing extra landscaping in its affordable housing project on West Babcock Street. Following the discussion, the Commissioners recognized that this issue has already been addressed and should be deleted from the housing policy. 3. Revise the master plan to include a density bonus for affordable projects. e Planning Director Epple noted this provision is already in the zone code, asking whether this item pertains to including a reference back to the master plan. Commissioner Stiff stated he feels it is important to include a deed restriction on projects which are granted density bonuses, to ensure that the units remain affordable and do not result in a windfall to the first or second property owner. City Attorney Luwe indicated that staff will review both the zone code and the master plan to determine if additional language is needed. He also noted that staff will try to determine the best mechanism for ensuring the continued affordability of the units within the project. The Commissioners then reviewed the six questions which Neighborhood Coordinator/ e Grantsperson Goehrung forwarded in his memo, as follows. 1. How to guarantee affordability for concessions that developers receive? Commissioner Frost stated he feels a guarantee is essential; the other Commissioners concurred. 12-12-94 -..- - 13 - 2. Ways to balance community interests and neighborhood issues on affordable projects. Neighborhood Coordinator Goehrung stated he has proposed some language for Commission consideration. The Commissioners concurred in that proposed language. 3. Do you want to require residency or job history for housing . assistance? Responding to questions from Commissioner Frost, Neighborhood Coordinator/ Grantsperson James Goehrung stated this issue was discussed at the public hearing in the context of both ownership and rental. He then suggested that this issue might be best addressed by the Revolving Loan Committee, which has experience with evaluating proposals from an economic perspective. He cautioned that care must be taken to ensure that this type of criteria does not result in a discriminatory policy. Commissioner Frost stated that he feels lending institutions will address this issue from an ownership standpoint. He then stated he feels that some type of criteria are needed for reviewing applications for rental units. Commissioner Stiff suggested that, rather than entering into this side of the issue, it . may be better for the Commission to address the supply of the issue. He noted that, by concentrating on use of the $100,000 in the Community Housing Fund in a manner that leverages substantially more dollars could provide more benefit that many of the other options discussed. He then expressed concern about the number of options for use of the Community Housing Fund monies which are contained in the current draft of the housing policy, suggesting they should be dramatically reduced. Commissioner Frost stated concurrence. He suggested that a housing authority or the HRDC could better address this type of issue. 4. Percentage range for single-family, owner-occupied housing raised? Commissioner Frost suggested that the percentage range should be expanded, so that it extends from 70 percent to 100 percent of area median income. He noted that at 100 . percent, a family of four could afford a $95,000 home; and no one is building in that housing market at the present time. Commissioner Youngman stated her willingness to accept the proposed expansion of the range. She suggested, however, that concessions should be on a sliding scale, depending 12-12-94 - --.--.-------.----. ,.----. _._.__._-~~ _._-~------------ --.--- - 14 - on the targeted market, with projects targeted at 100 percent of area median income receiving very limited or no concessions. Commissioner Youngman then noted that at one point, the Commissioners had discussed the possibility of considering a range that extends to 120-percent of median and asked if that is an option to be considered; the Commissioners indicated it is not. They then . concurred in the proposed expansion of the percentage to 100 percent of area median income. 5. Timeframe for adoption of inclusionary requirements? Commissioner Youngman stated she feels there are enough incentives in place to allow the development community to begin work on affordable housing projects immediately. She then stated her support for retaining the timeframe set forth in the policy, which provides for review of the affordable housing issue in the Fall of 1996. She noted that the implementation of inclusionary zoning is not mandatory at that time; however, it is an option to be considered. Following a brief discussion, the Commissioners concurred that the timeframe should remain as it is. 6. Do you want to initiate an overall review of development standards? e review. The Commissioners noted this issue has already been discussed extensively during this The Commissioners then looked at the list of steps which Neighborhood Coordinator Goehrung has identified as additional issues upon which staff needs direction. Mayor Vincent asked that the Commissioners prioritize these items during the upcoming week, in preparation for action at next week's meeting. Commissioner Youngman distributed a memo dated December 10, in which she forwarded two additional items for consideration. She reviewed these issues, which include adding a statement 1.e., to encourage other segments of the community, such as lending institutions and realtors, to become involved in the affordable housing issue; and revising No. 4.a. by dividing it into two separate statements pertaining to the Community Housing Fund and e its funding. Following discussion, the Commissioners concurred that 1.e. should be added, to read "Encourage all relevant segments of the for-profit community, including lending institutions and realtors as well as developers and builders, to playa role in creation of affordable housing." They also concurred that No. 4.a. should be separated into two parts, and should read: "4.8. Establish a Community Housing Fund with an initial capital commitment of $100,000 general 12-12-94 ----------------- .------- -..- .. ------. -... - 15 - fund money to help generate affordable housing for low- and moderate-income people. Seek funding from other government and private sources as well"; and "4.b. Renewed commitment will be evaluated annually according to severity of continuing need, effectiveness of previous year's efforts, and condition of the city budget." . Neighborhood Coordinator/Grantsperson Goehrung stated that during the remainder of this week, he will work with the Clerk of the Commission to prepare a resolution for consideration at next week's meeting. Commissioner Stiff forwarded his discomfort with adopting the housing policy so quickly, stating he feels that some additional work is needed before it is finalized. Renewal of Beer. Wine and Liauor Licenses for Calendar Year 1995 This was the time set for renewal of the Beer, Wine and Liquor Licenses for the Calendar Year 1995. A total of 53 applications have been received, along with the required fees. Included in the Commissioners' packets was a list of the establishments which have . made application and paid the required fee: APPLICATIONS FOR BEER, WINE AND LIQUOR LICENSES CALENDAR YEAR 1995 APPLICANT BEER WINE LIQUOR TOTAL Albertson's Food Center #237 200 South 23rd $ 200 $ 200 $ $ 400 American Drug Stores, Inc. dba/Osco Drug Store 1525 West Main Street 200 200 400 American Legion Club 225 East Main Street 500 500 Anaconda Molly Brown, Inc. dba/The Molly Brown 703 West Babcock Street 500 500 BPOE No. 463 . 106 East Babcock 500 500 Banana Bay Bar and Grill 2825 West Main Street 500 500 Bozeman Bowling Co., Inc. dba/The Bowl 414 East Babcock Street 500 500 12-12-94 - 16 - Bozeman Restaurant & Lounge, Inc. dba/Cantrell's in Holiday Inn 5 Baxter Lane 500 500 Bridger View Conoco 1417 North 7th Avenue 200 200 400 Buttrey Food and Drug Company 1601 West Main Street 200 200 400 . Cat's Paw 500 500 721 North 7th Avenue Colombo's Pizza & Pasta 1 003 West College Street 200 200 400 Community Food Co-op dba/Crossroads Food Center 908 West Main Street 200 200 400 Empire, Inc. dba/Black Angus 520 West Mendenhall Street 500 500 Fraternal Order of Eagles Aerie No. 326 316 East Main Street 500 500 GranTree Lounge 1325 North 7th Avenue 500 500 Grape Expectations Wines & Deli . 27 South Willson Avenue 200 200 400 Heeb's Food Center 544 East Main 200 200 400 Hilltop Conoco 1007 East Main 200 200 Hinky Dinky Superette 5 Tai Lane 200 200 400 JW's Hide-A-Way Lounge 1631 West Main 500 500 Jackpot Casino 1801 West Main Street 200 200 400 Joe's Parkway 903 West College 200 200 400 John Bozeman's Bistro 242 East Main Street 200 200 400 . Kagy Korner, Inc. 1809 South Tracy 200 200 400 Lewis and Clark Family Restaurant 824 West Main Street 200 200 400 Me and Jan's Mini Mart 91 9 West College Street 200 200 400 12-12-94 -- -- - ----. . - 17 - Me and Jan's II 621 West Main Street 200 200 400 Mini Mart, Inc. dba/Mini Mart #728 71 7 West College Street 200 200 400 Mini Mart, Inc. dba/Mini Mart #729 . 1910 West Main Street 200 200 400 Montana Pizza, Inc. dba/Godfather's Pizza 200 South 23rd Avenue 200 200 O'Brien's Restaurant 312 East Main Street 500 500 Panda Enterprises, Inc. 621 Bridger Drive 200 200 Pork West, Inc. dba/Bridger Bar B-Q and Montana Fats 101 East Main 200 200 400 Price Rite Drug Center 910 North 7th Avenue 200 200 400 Rocky Mountain Oil, Inc. dba/Holiday Stationstore #269 119 North 7th Avenue 200 200 400 . Safe way Store #289 200 200 400 907 West Main Street Scoop Bar 712 West Main Street 500 500 Spanish Peaks/Black Dog Brewing Co. 120 North 19th Avenue 200 200 400 Story Distributing Company dba/Story Exxon 1211 East Main Street 200 200 400 The Bay, Inc. dba/Santa Fe Reds 1235 North 7th Avenue 500 500 The Cannery Lounge 43 West Main Street 500 500 The Crystal Bar, Inc. . 123 East Main Street 500 500 The Filling Station 2005 North Rouse Avenue 200 200 400 The Haufbrau 22 South 8th Avenue 500 500 The Store 1210 East Main Street 200 200 400 12-12-94 ---.-.--..--- ._---~ - 18 - The Wine Merchant 27 East Main Street 200 200 Town & Country Foods, Inc. dba/Town & Country Warehouse Grocery 219 North 19th Avenue 200 200 400 VFW Post #903 . 2005 North Rouse Avenue 500 500 Valley View Golf Club 302 East Kagy Blvd 500 500 Village Inn Pizza Parlor 806 North 7th Avenue 200 200 400 West Main Exxon 920 West Main 200 200 William's Pump & Pak, Inc. 2020 North 7th Avenue 200 200 400 Total - 53 Applications $ 6,600 $ 6.000 $ 9,500 $ 22.100 The City Manager reminded the Commission that all Beer, Wine and Liquor Licenses must be renewed at either this week's meeting or next week's meeting, or the establishment will be unable to sell alcoholic beverages after midnight on December 31. He then recommended that the Commission approve these applications as submitted. . It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the Commission approve the renewal of Beer, Wine and Liquor licenses for Calendar Year 1995 for the various establishments as listed above. 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. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Copy of a memo from the Planning Office to members of the Design Review . Board and the Development Review Committee, dated December 2, announcing that neither the DRB nor the DRC will meet on Tuesday, December 27. (2) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, December 13, in the Commission Room. 12-12-94 -..--...--....... ..-..- ...-. --- ---------------- _.n~. - 19 - (3) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, December 13, in the Commission Room. (4) Notice that the County Commission will not be meeting on Tuesday, December 1 3. (5) Minutes from the Highway Commission meeting held on October 13 in . Helena. along with minutes from telephone meetings held on October 14 and November 1 7, (6) Letter from Dalton Burkhalter, 1429 South 5th Avenue, dated December 11, regarding recent news items in the Bozeman Daily Chronicle regarding the MSU Residential Parking District. (7) The City Manager submitted his weekly report, as follows. (1) Talked to Mr. McCloy about his letter to the Commissioners regarding the Dickinson Manor project and the figures which the developer has forwarded. (2) Noted that street snow removal efforts are going quite well. (3) Noted the Mayor has registered frustration about the failure of some residents in the community to remove snow from their sidewalks before the next snow falls, and the fact that the City cannot cite them again until the full process has been exhausted for . each snow fall. He then reminded the Commission that it takes four to five days for the enforcement officers to canvass the entire community. (4) Stated the Beall Park Arts Center is discussing the possibility of merging with the Emerson Cultural Center and continuing to use the building at Beall Park. He asked the Commissioners to forward any comments they may have, since the building is a City building. (5) Met with representatives from MSU regarding the fire protection agreement. He noted that the previous agreement, which covered a ten-year period, recently expired. (6) Noted the feature article in yesterday's newspaper regarding the Police Department. (7) Reminded the Commissioners that the goals process must be started shortly after the start of the year. He indicated that a copy of the current goals will be included in the Commissioners' packets for their review in preparation for that process. (8) Commissioner Stiff submitted the following. (1) Listened to a presentation . by a member of Governor Racicot's staff. He noted the gentleman was an excellent speaker and was very complementary of the Governor. (2) Stated he has had chance meetings with several Legislators this past week. (9) Commissioner Youngman submitted the following. (1) Attended the ad hoc cable television franchising committee meeting last week. (2) Had dinner with the gentleman 12-12-94 - 20 - from Vermont, since she was unable to attend the meeting at which he spoke. (10) Commissioner Stueck stated that all parties involved in the last extension of Fowler Avenue to Main Street met last week. He stated it appears all problems have been resolved and that the road will be constructed next spring. (11) Commissioner Frost submitted a report on the Tuesday evening presentation . by Mr. Jim Libby, Vermont Housing and Conservation Board. He noted the board was formed in 1984 because of a grassroots movement by residents of Vermont in response to rich outsiders buying the land which was being used for agriculture or was in open space. He stated that since that time, the board has protected 71,000 acres, almost evenly divided between agricultural land and open space. He stated the board is designed to protect history of the area, and to protect the quality of life, including air, water, hunting and fishing. Commissioner Frost stated the board receives monies from a 1 Y-..-percent tax on real estate transactions, with homes under $100,000 being exempt from that tax. He noted that for every dollar in State monies invested, the board receives $2.50 from charitable organizations and grants. . Commissioner Frost reviewed the five criteria which are used for land use planning items. He noted that the objective of the board is to prevent urban sprawl. As a part of that objective, they are rehabilitating many of the older homes, converting them to shared housing for the elderly. Commissioner Frost stated that they have implemented inclusionary zoning provisions, under which 25 percent of the homes must be affordable. Also, energy efficiency, compatibility, longevity and clustering are items which receive careful review. He stated that 3500 units, most of which are rental units, have been developed over the past ten years; and yet a severe housing shortage continues in Vermont. ( 12) City Attorney Luwe stated that he and Administrative Services Director Gamradt attended a meeting last week regarding the possible revision of Title 7 Chapter 6 of . the Montana Code Annotated. He noted that, because of the comprehensive nature of the revisions, which pertain to the financial structure of local government, the committee will work on those revisions over the next two years, with those revisions to be submitted to the 1997 Legislature for consideration. He indicated that Administrative Services Director Gamradt will serve on that committee. 12-12-94 ------- - 21 - ( 13) Clerk of the Commission Sullivan submitted the following. (1) Reminded the Commission of the Audit Committee meeting scheduled for 11 :45 a.m. next Monday. (2) Briefly reviewed the agenda for next week's meeting, which includes three public hearings. Consent Items . City Manager Wysocki presented to the Commission the following Consent Items. Commission Resolution No. 3035 - certifving annual and semi-annual delinauent assessments as of November 30. 1994. to the County COMMISSION RESOLUTION NO. 3035 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING ANNUAL AND SEMI-ANNUAL SPECIAL ASSESSMENT INSTALLMENTS DUE AND PAYABLE NOVEMBER 30, 1994, AND UNPAID AS OF THAT DATE, DELINQUENT, PURSUANT TO SECTION 7- 12-4183, MONT ANA CODE ANNOTATED, AND AS PROVIDED BY CHAPTERS 2.32 AND 3.04 OF THE BOZEMAN MUNICIPAL CODE, AND DIRECTING THE DIRECTOR OF FINANCE TO CERTIFY THE SAME TO THE GALLATIN COUNTY TREASURER FOR COLLECTION. Authorize Mavor to sian - findinas of fact and Order - Greenwav Subdivision - subdivide 23.99 acres into 83 residential lots for 108 dwellina units (south of Durston Road at Hunters Wav) . Authorize Mavor to sign - Findinas of Fact and Order - Brookside Subdivision - subdivide 5.08 acres into UD to 30 residential lots for sinale-familv. dUDlex and multi-familv development (along the north side of the 2500 block of West Babcock Street) Authorize Citv Manaaer to sian - Right-of-Wav Aareement - Eula Mae Lesslev - for realianment of West Main Street/West Babcock Street/south 23rd Avenue intersection Building InsDection Division reDort for November 1994 It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck and Mayor Vincent; those voting No, none. . Adjournment - 5:30 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 12-12-94 _u___._._ .--..- - - 22 - Commissioner Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none. " . ATTEST: ~ o:! J!~ ROBIN L. SULLIVAN Clerk of the Commission e . 12-12-94