HomeMy WebLinkAbout1994-11-14 ccm
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
November 14, 1994
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. The Commission of the City of Bozeman met in regular session in the Commission
, Room, Municipal Building, November 14, 1994, at 3:00 p.m. Present were Mayor Pro Tempore
Stueck, Commissioner Youngman, Commissioner Stiff, Commissioner Frost, City Manager
Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan. Mayor Vincent was
absent.
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.
Authorize absence of Mavor Vincent from meeting
City Manager Wysocki announced that just prior to the meeting, Mayor Vincent called
e to say he would not be present at this meeting due to illness. He then asked that the
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Commission authorize the Mayor's absence from this meeting, with Commissioner Stueck to
serve as the Mayor Pro Tempore.
It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the
Commission authorize the absence of Mayor Vincent from this meeting in compliance with
Section 7-3-4322(2), M.C.A. The motion carried by the following Aye and No vote:
those
voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner Frost and Mayor
Pro Tempore Stueck; those voting No, none.
Minutes - October 10. 1994
, It was moved by Commissioner Stiff, seconded by Commissioner Youngman, that the
.' Commission approve the minutes of the regular meeting of October 10, 1994, as submitted.
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The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Stiff, Commissioner Youngman, Commissioner Frost and Mayor Pro Tempore Stueck; those
voting No, none.
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Mayor Pro Tempore Stueck deferred action on the minutes of the regular meetings
of September 6, September 12, September 19, September 26, October 3, October 17, October
24, October 31 and November 7, 1994 to a later date.
. Decision - Conditional Use Permit - Rvan Restaurant Corooration and Andrew Shaoiro - allow
construction of a 6A86-sauare-foot structure for restaurant and bar on an artificial lot in Lots
1-5. Block 2. Westlake's Second and a vortion of Block 4. Westlake's Fourth Subdivision (in
parkin a lot at 1126 North 7th Avenue) (Z-9411 Q)
This was the time and place for the decision on the Conditional Use Permit requested
by Ryan Restaurant Corporation and Andrew Shapiro, under Application No. Z-9411 0, to allow
the construction of a 6,486-square foot restaurant and bar on an artificial lot located in Lots
1 through 5, Block 2, Westlake's Second Addition, and a portion of Block 4, Westlake's Fourth
Subdivision. The subject site is more commonly located in the K-Mart parking lot at 1126
North 7th Avenue.
Associate Planner Dale Beland reviewed the contents of his memo of November 10,
a copy of which was included in the Commissioners' packets. He noted that at last week's
public hearing, a member of the public had expressed concern about the difficulty of walking
. across North 7th Avenue and had requested that some type of crossing be provided. He stated
that, since North 7th Avenue is a State highway, during this past week City staff members
have met with staff members from the Montana Department of Transportation to discuss this
concern. Those representatives indicated that no new signals or crosswalks are included in
their pending improvement project plans; and they further indicated that, unless the warrants
contained in the Manual of Uniform Traffic Control Devices can be met, they will not install
such improvements. He then suggested that, with the traffic signals at Durston Road and Oak
Street, which runs along the north edge of the K Mart parking lot, there should be adequate
opportunity for pedestrians to cross the street.
Commissioner Frost noted that last week, he had suggested that the applicant be
. required to install a sidewalk along West Hemlock Street from North 7th Avenue to the eastern
edge of the artificial lot; and he still feels that should be added. He also asked that a condition
be added which sets forth the zone code requirement for lighting, particularly since the detailed
drawing contained in the site plan does not meet code.
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Commissioner Stiff forwarded his continued concerns about safety.
He stated
appreciation for staff's efforts in addressing this issue during the past week.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that
the Commission approve the Conditional Use Permit requested by Ryan Restaurant Corporation
. and Andrew Shapiro, under Application No. Z-94110, to allow the construction of a 6.486-
square-foot restaurant and bar on an artificial lot located in Lots 1 through 5, Block 2,
Westlake's Second Addition, and a portion of Block 4, Westlake's Fourth Subdivision, subject
to the following conditions:
1. Submittal of final site plan and elevations (for approval by the
Planning Director)
which incorporate finish grade
contours,
handicapped access to the main entrance, a sidewalk between
North 7th Avenue and the building entry, bike rack, detailing of
interface with existing parking spaces at the project's southeast
corner, stipulation that the patio is part of initial construction,
correct tabulation of on-site parking, adequate parapet height to
screen roof-mounted equipment, and adequate landscape "finger"
widths;
2. All water and sewer lines, both existing and proposed, must be
sized and shown accurately on the final site plan;
3. All water and sewer mains, service lines, and easements (both
. existing and proposed) must be shown on final landscape plan;
4. All fire hydrants within 500 feet of the site must be shown on the
final site plan;
5. Accurate, dimensioned detail of the domestic water meter location
on the inside of the building must be shown on the final site plan;
6. A fire sprinkler system shall be installed as required by UFC Article
10, Sections 507 and 508. Sprinkler design and installation shall
meet the requirements of the appropriate section of the UBC
Standards and NFPA 13.
Plans and specifications shall be
submitted to the Fire Marshal for review and approval prior to
construction.
Acceptance tests shall be as outlined in the Bozeman Fire
Department's standard
for sprinkler
system review and
acceptance;
7. Plans and specifications for the fire service line must be prepared
in accordance with the City's Fire Service Line Policy by a
. Professional Engineer (PE), be submitted to the City Engineer for
review and approval prior to initiation of construction of the fire
service or fire
protection; and the
applicant must provide
Professional Engineering services for Construction Inspection,
Post-Construction Certification, and preparation of mylar Record
Drawings;
8. A temporary form of the street address shall be displayed at all
times during construction of the building, and a permanent
address shall be displayed upon completion of the development;
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9. The Stormwater
Drainage/Treatment Grading
Plan and
Maintenance Plan must be provided on the final site plan and
approved by the City Engineer prior to final site plan approval;
10. The applicant shall construct a 5-foot-wide sidewalk along the
West Hemlock Street frontage from North 7th Avenue to the
eastern boundary of the artificial lot, as a boulevard sidewalk.
The final site plan shall show the location of the sidewalk, with
. the location to be approved by the City of Bozeman prior to
installation, via the issuance of a sidewalk permit from the City's
Engineering Department. The sidewalk may, if necessary, curve
around existing vegetation;
11 . A detail of all light fixtures shall be provided on the final site plan.
All light fixtures shall be arranged to deflect light down and/or
away from adjoining properties and streets.
Lighting standards
shall not exceed 20 feet or the height of the structure, whichever
is lower. Lighting
fixtures must incorporate cut-off shields to
direct light downward.
Luminaires shall not be visible from
adjacent streets or properties. Fixtures must be compatible with
architectural and site design;
12. The applicant shall apply for sign permits from the Building
Department prior to the installation of any on premises signs;
13. The final site plan shall be revised to indicate finish grades
adequate to meet required entry accessibility criteria;
14. In accordance with Design Objectives Plan Guideline B.7 (All
Corridors), use of bright colors shall be limited to accents. Color
. samples for the proposed awnings and signs shall be submitted to
the Planning Director for approval;
15. Details of the proposed neon signage conformance with City Code
Standards shall be submitted to the Planning Director for approval;
16. The proposed attached "apple" sign shall be installed below the
top of parapet;
17. Nine (9) copies of the final site plan containing all of the
conditions, corrections
and mod
ificatio ns required by the
Development Review Committee and the Design Review Board
shall be submitted for review and approval by the Planning
Director within six months of the date of DRC approval. Signed
copies shall
be retained by
the City Planning, Building,
Street/Sanitation,
Water/Sewer, Engineering, and
Fire
Departments; and one copy shall be retained by the applicant;
18. The applicant shall enter into an Improvements Agreement with
the City at the time of final site plan submittal to guarantee the
installation of required on-site improvements.
Detailed cost
. estimates, construction plans and methods of security shall be
made a part of the Agreement;
19. A Building Permit must be obtained prior to the work, and must
be obtained within one year of final site plan approval. Building
permits will not be issued until the final site plan is approved.
Minor site surface preparation and normal maintenance shall be
allowed prior to submittal and approval of the final site plan,
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including excavation and footing preparation, but no concrete may
be poured until a Building Permit is obtained;
20. If occupancy of the structure is to occur prior to the installation
of all
required on-site improvements,
the Improvements
Agreement must be secured by a method of security equal to one
and one-half times the amount of the estimated cost of the
scheduled improvements not yet installed.
Said method of
. security shall be valid for a period of not less than 12 months;
however, all on-site improvements shall be completed by the
applicant within nine months of occupancy to avoid default on the
method of security;
21. Within 60 days of final completion of all site work, the applicant's
licensed architect or engineer overseeing the project shall certify
to the
Bozeman City-County Planning
Department that all
improvements have been completed in accordance with the
approved final site plan;
22. The right to use and occupancy permit shall be contingent upon
the fulfillment of all general and special conditions imposed by the
Conditional Use Permit procedure;
23. All of the special conditions shall constitute restrictions running
with the land use and shall be binding upon the owner of the land,
his successors or assigns;
24. All conditions specifically stated under any conditional use listed
in this title shall apply and be adhered to by the owner of the land,
successors and assigns; and
. 25. All of special conditions shall be consented to in writing by the
applicant.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Frost, Commissioner Youngman, Commissioner Stiff and Mayor Pro Tempore Stueck; those
voting No, none.
Decision - Appeal of Development Review Committee's conditional approval of minor site plan-
Richard and Jill Brauss. Soccer Shop - portion of Block 25. Northern Pacific Addition (1325
East Main Street) - appealina four conditions of approval relatina to lot boundaries. sidewalk,
closing of the easternmost curb cut and providina proper storm drainage detention facilities on
site (Z-94102)
This was the time and place set for the decision on the appeal of four conditions set
forth in the Development Review Committee's conditional approval of the minor site plan for
. the Soccer Shop, under Application No. Z-94102, located on a portion of Block 25, Northern
Pacific Addition. The subject parcel is more commonly located at 1325 East Main Street.
Assistant Planning Director Debbie Arkell reviewed her memo of November 9, a copy
of which was included in the Commissioners' packets. She noted
that her memo contains a
detailed response to each of the three appeals which the appellants has pursued, reminding the
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Commission that they have withdrawn the appeal of the requirement to provide a new site plan
showing the correct boundaries of the property.
The Assistant Planning Director stated that the Development Review Committee
required that the sidewalk be installed along the East Main Street frontage, which is 250 feet
long. Issues raised include the cost of the installation as well as the position that this site is
. accessed by vehicular traffic rather than pedestrian traffic. She reminded the Commission that
sidewalks are required whenever property is developed or re-used; and this condition is in
compliance with that requirement. She indicated that the Commission does have the discretion
of deferring that requirement until all other sidewalks in that area are ordered in under a
sidewalk program. She cautioned that the priority list for installation of sidewalks, which has
not been updated since 1991, does not even include East Main Street.
The Assistant Planning Director noted that the applicant is also appealing the
condition which requires that the easternmost curb cut be closed. She reminded
the
Commission that both the City's Director of Public Service and the Montana Department of
Transportation have requested this closure for safety reasons, and that it be closed with a curb
. and vegetative landscaping strip. She noted that the appellants have requested that they be
allowed to close the curb cut with a post and chain closure, rather than the curbing and
landscaping. Representatives of the local Montana Department of Transportation have
reviewed this request and indicated it is unacceptable because, if it were placed at the property
line, it could create confusion and result in vehicles backing into the street. She noted that the
appellants have also suggested that the property owner to the east may be interested in
acquiring the eastern portion of this subject lot; however, she noted that is an issue to be
discussed at some time in the future rather than in conjunction with this appeal.
Assistant Planning Director Arkell reminded the Commission that on-site storm
detention/retention is a code requirement. She cautioned that any waiving of this requirement
must be the subject of a variance application rather than a minor site application or an appeal.
. She stated there is no storm drain in East Main Street; the closest ends at Highland Boulevard.
She indicated that, while there appear to be options for on-site detention, an engineered plan
is necessary to determine which options would be viable.
The Assistant Planning Director stated that, because the appellants are currently
conducting business on the subject site, the Development Review Committee has allowed three
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months for submittal of a final site plan, Improvements Agreement and financial security, with
the improvements to be completed within nine months. She reminded the Commission that the
code requires a financial guarantee, and cautioned that this requirement has always been
upheld. She stated one option available to the Commission would be to grant the standard six
. months for submittal of a final site plan, thus allowing a slightly longer period of time for the
appellants to provide the financial security.
Commissioner Youngman noted that if the Commission were to extend the period of
time for submittal of the final site plan to six months, and allow nine months for installation of
the improvements, that would be very close to the eighteen months requested by the
appellants.
Commissioner Frost noted it is not the City's fault that the seller and the realtor did
not inform the buyer of the requirements for re-use of this parcel. He
stated that he is not
willing to waive the requirement for a financial security, noting that it is important to ensure
that monies are available for the installation of improvements in the event the applicant fails
to provide them. He then indicated his support for allowing six months for the installation
of
. improvements prior to requiring the financial security,
Commissioner Youngman stated her support of Commissioner Frost's position. She
noted her interest in requiring that the sidewalk be installed to provide a more pedestrian
friendly corridor.
Commissioner Stiff stated he has visited the site and is impressed with the renovation
of the existing building. He then noted his appreciation for the problems encountered
by a
small business. He indicated a willingness to delay the requirement for installation of
the
sidewalk until other properties in the area are required to do so. He stated
that he supports
closure of the easternmost curb cut, in light of the Montana Department of Transportation
position; and he feels that the on-site surface drainage issue can be adequately addressed.
He noted that, if the appellants are successful in completing the on-site improvements within
. six months, no financial security will be necessary.
Mayor Pro Tempore Stueck stated his concurrence with the other Commissioners.
Responding to comments from the Commissioners, Assistant Planning Director Arkell
reminded them that the final site plan must be approved before improvements may be installed.
Following discussion, she indicated an option would be to allow the appellants to submit a final
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site plan and Improvements Agreement and obtain approval of that plan as quickly as possible,
with the financial security to be provided within six months from the date of the Commission
decision. She noted that at that time, the financial security would be based on the costs of the
improvements not yet installed.
City Attorney Luwe reminded the Commission that the motion must be to uphold,
. overturn or modify the decision of the Development Review Committee. He suggested that if
the Commission wishes to overturn the DRC decision and not require the immediate installation
of the sidewalk, it should be accompanied by the requirement that the appellants agree to
waive their right to challenge the ordering in of the sidewalk in the future.
Responding to Commissioner Youngman, Assistant Planning Director Arkell indicated
that the property owner immediately to the west was required to install a sidewalk in
conjunction with his recent project.
Commissioner Youngman noted the importance of being consistent in decisions.
Mayor Pro Tempore Stueck stated that, while he recognizes the importance of that
position, he also recognizes the disproportionate lengths of sidewalks for the two businesses.
. It was moved by Commissioner Youngman, seconded by Commissioner Frost, that
the Commission uphold the Development Review Committee's conditional approval of the minor
site plan for the Soccer Shop, under Application No. Z~941 02, located on a portion of Block
25, Northern Pacific Addition, with a modified timeframe under which the appellants must file
the final site plan and Improvements Agreement, with the financial security to be filed for those
improvements not completed as of six months from this date. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner
Frost and Mayor Pro Tempore Stueck; those voting No being Commissioner Stiff.
Decision - Ordinance No. 1393 - reauested annexation of South 13th Avenue from Dickerson
Street to Alderson Street and West Alderson Street from South 13th Avenue to South 14th
Avenue into the MSU Neighborhood Parking District
. This was the time and place for the decision on Ordinance No. 1393, as approved by
the City Attorney, entitled:
ORDINANCE NO. 1393
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, AMENDING THE BOZEMAN MUNICIPAL CODE BY AMENDING
SECTION 10.32.395A, PERTAINING TO THE AREA DESIGNATED AS THE
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MSU RESIDENTIAL DISTRICT TO ENLARGE THE AREA TO BE INCLUDED
WITHIN SAID DISTRICT PURSUANT TO SECTION 10.32.395.M OF THE
BOZEMAN MUNICIPAL CODE, WHICH CREATES THE PROCEDURE FOR
REVISING THE BOUNDARIES OF AN ESTABLISHED RESIDENTIAL ON~
STREET PARKING PERMIT REGULATION PROGRAM.
Assistant City Manager Brey reviewed his memo of November 10, which was included
in the Commissioners' packets. In reviewing the memo, he noted that the attached map has
. been color coded to reflect those in support of and those in opposition to the inclusion of these
two blocks in the MSU Residential Parking District. He further noted that, while those along
West Alderson Street between South 13th Avenue and South 14th Avenue support inclusion
in the district, those along South Thirteenth Avenue are evenly split on the issue.
Responding to Commissioner Frost, the Assistant City Manager indicated it would be
possible to include half a block in the district, if that is the Commission's decision. He noted
that staff prefers maintaining the greatest amount of uniformity possible for signage and
enforcement.
Commissioner Frost questioned whether inclusion of West Alderson Street only in the
district might result in pushing parked cars onto South 13th Avenue. He suggested it may be
. better to include both streets in the district now, rather than including one street only and then
having to add the other one later. He noted another option might be to include the southern
half of the South 13th Avenue block.
Commissioner Youngman forwarded her discomfort in splitting blocks, stating she
feels it is preferable to use cross streets as district boundaries. She then stated her preference
for including West Alderson Street in the district, allowing South 13th Avenue to remain
outside.
Commissioner Stiff stated his
concurrence with Commissioner
Youngman's
comments, unless the district could be allowed to curl around the intersection to include both
sides of the corner lots.
Following a brief discussion about various options for including a portion of South
. 13th Avenue, the Commissioners recognized the problems that could be encountered with each
of those options and chose to exclude all of South 13th Avenue from the district.
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the
Commission provisionally adopt Ordinance No. 1393, as revised, to annex West Alderson
Street from South 13th Avenue to South 14th Avenue into the MSU Neighborhood Parking
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District. The motion carried by the following Aye and No vote:
those voting Aye being
Commissioner Stiff, Commissioner Youngman and Mayor Pro Tempore Stueck; those voting
No being Commissioner Frost.
. Continued preliminary plat review - Greenway Subdivision - Mike Potter. P.C. Deyelopment -
to subdivide 23.99 acres located in the NE%. Section 11. T2S. R5E. MPM. into 83 residential
lots for 108 dwellin9 units (south of Durston Road at Hunters Way) (P-9450)
This was the time and place set for continued review of the preliminary plat for
Greenway Subdivision, as requested by Mike Potter, P,C. Development, under Application No.
P-9450, under which a 23.99-acre parcel located in the northeast one-quarter of Section 11,
Township 2 South, Range 5 East, Montana Principal Meridian, is to be subdivided into 83
residential lots which will accommodate 108 dwelling units. The subject parcel is located along
the south side of Durston Road at Hunters Way.
Assistant Planner Lanette Windemaker presented the staff report.
She stated that
under this application, 23.99 acres will be subdivided into 83 lots, 58 of which will house
single-family units and 25 of which will house townhouse duplexes, for a total of 108 dwelling
. units. The property is located along the south side of Durston Road, just north of Westgate
Subdivision; and Hunters Way is to be extended through this subdivision. In addition to the
single-family and duplex lots, the developer is proposing a linear park which connects with the
linear park in Westgate Subdivision.
The Assistant Planner stated that the applicant has requested a variance from the
subdivision regulations, to allow a 50-foot-wide street right-of-way be allowed for the cul-de~
sacs, in which a 32-foot-wide, back-of-curb to back-of-curb roadway is to be constructed. He
is also requesting that 74-foot-diameter cul-de-sacs be allowed, rather than the standard 100-
foot-diameter bulbs.
The Assistant Planner stated that the subject property was annexed fifteen years
ago,
and is zoned R-3, Residential--Medium-density, which allows construction of buildings which
. house one to five dwelling units. The 1990 Bozeman Area Master Plan has established a land
use designation of "Urban Residential Infill" for this parcel; and the proposed subdivision
complies with both of those plans.
Assistant Planner Windemaker stated that staff has reviewed this application in
light
of the five criteria set forth in the Subdivision and Platting Act; and those comprehensive
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findings are contained in the written staff report, which has been submitted to the Commission.
She briefly highlighted those findings, indicating that staff has found the application to be in
general compliance with the applicable regulations. She stated that the Planning
Board,
fOllowing its public hearing on November 1, determined that this subdivision is in general
. compliance with the subdivision regulations and forwarded its recommendation for approval,
subject to 28 conditions. She then reviewed those conditions, highlighting the important
issues.
Responding to Commissioner Frost, Assistant Planner Windemaker indicated that the
applicant will be required to dedicate a 45-foot-wide right-of-way for the southern half of
Durston Road.
City Manager Wysocki asked why the water, sewer and storm sewer stubs are to be
provided in the linear park area to the southern boundary of this site rather than between lots,
where they might be more beneficially utilized by vacant properties to the south.
Assistant Planner Windemaker responded that there are four vacant parcels, under
three separate ownerships, immediately south of the subject property. She noted that staff had
. originally asked that the water, sewer and storm sewer be stubbed to the property line where
those parcels could easily tie to those services; however, the Planning Board determined that
providing those stubs in the linear park would be acceptable. She then indicated
that those
services are stubbed to one of the other property boundaries of these parcels.
Mr. Rick Kerin, consulting engineer representing the applicant, stated that the three
parcels to the south must be developed collectively, since they are all long, narrow lots that
cannot be effectively developed individually. He stated that with the other lines stubbed to the
property line, and with these lines stubbed into the linear park, those property owners can
better provide looped systems while minimizing the impact their placement may have on
development of the parcels. He stated that if the lines were extended southward between lots
within this subdivision, the size of the lots would be decreased because of the required
. easements; and their placement may be not advantageous for the other properties.
He
recognized that, while the distance of the extension may be shorter between lots, it is more
advantageous for everyone to have the lines located in the linear park.
City Manager Wysocki noted that the Commissioners received a letter today from Mr.
Rick Kerin, regarding one of the other conditions.
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Mr. Mike Potter, applicant, estimated the frontage of this parcel along Durston Road
at 800 feet, noting that approximately 160 feet of that belongs to an out parcel. He stated a
willingness to dedicate the 45 feet of right-of-way along his parcel for Durston Road; however,
he asked that they not be required to improve the roadway along that frontage. He noted that
this subdivision is designed for starter homes and attainable homes, not high end development.
. He estimated that improving Durston Road to one-half a local street standard would cost
$55,000 to $60,000; and those costs would be passed on in the purchase price of the lots.
Also, he noted that transitions into the current roadway would be necessary; and those
transitions would need to be torn out at a later date when the entire roadway is improved. He
proposed as an alternative the possibility of providing an engineered design for improvements
to Durston Road, similar to what was required on West Babcock Street for the Valley Commons
Business Park. He also indicated a willingness to execute a waiver of right to protest
the
creation of SID's for the improvements to Durston Road.
Responding to Commissioner Frost, Mr. Potter stated that the section of West
Babcock Street for which he is providing an engineered design is slightly over a mile in length
. and is costing an estimated $50,000. He anticipated that engineering for Ourston Road would
cost approximately the same.
Mr. Kerin noted that the alignment of the roadway must be determined before
improvements can effectively be made.
Commissioner Stiff asked why the developer is proposing $22,000 lots within this
development instead of targeting affordable lots for more reasonably priced homes.
He
suggested this would be an ideal location in which to develop smaller lots, rather than the
typical subdivision with four to five lots per acre.
Mr. Potter stated he is trying to forward a proposal that is in keeping with the general
neighborhood instead of creating a "fire storm of protest". He suggested that proposing
extremely high densities would generate substantial protest, creating political problems which
. developers prefer to avoid. He noted that his proposal, as submitted, complies with the Master
Plan and the zoning for the subject parcel. He stated that the possibility of going through the
Planned Unit Development process exists; however, he noted that the amount of open space
required under that process soon negates the benefits of the higher density that can occur on
the remaining property.
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Mr. Potter stated he is trying to reach the market for the smaller builder as well
as the
individual buyer with this subdivision. He noted that, with the way in which many of the lots
are configured, building envelopes of approximately 40 feet by 60 feet are available; and that
is an ideal size for a basic single-family house or possibly a duplex. He
then stated that in
. Cascade Subdivision, he tried to create a subdivision similar to the existing neighborhood. In
Valley Creek Subdivision, he tightened up the sizes of the lots; and that has served as the
model for this project. He indicated that this subdivision will provide some more affordable lots
than are currently available. He noted, however, that the parcel is not large enough to propose
the smaller lots which would encourage the affordable units which the Commission seeks. He
cautioned that if the lots are made too small, they will not sell because people want some
elbow room.
City Manager Wysocki stated that the City staff is aware that someone has
challenged the idea of creating a special improvement district through waivers of right to
protest acquired by another governmental entity. He is concerned that if
that challenge is
upheld, the City will be unable to utilize the waivers it has obtained. He
then noted that the
. potential of asking the applicant to provide a engineered design for Durston Road is a new
concept that had not been considered in conjunction with this application.
Commissioner Frost, stated that a conversation with someone from the County this
past week revealed that the right-of-way for Durston Road may be in the same condition as the
West Babcock Street right~of~way. He then expressed concern about improving Durston Road
in a piecemeal manner, indicating his support for accepting the proposal for an engineered
design. He suggested that the City may wish to consider proceeding with a Court action
to
determine the legal right-of-way for this street as well as for West Babcock Street.
Responding to Commissioner Stiff, the City Manager suggested it would be preferable
to accept the engineered design for Durston Road than cash up front.
Mayor Pro Tempore Stueck stated his concurrence with Commissioner Frost's
. suggestion. He stated that an engineered design would show how much right-of-way
is
needed; and that would be beneficial information for future actions.
Responding to Commissioner Stiff, the City Manager stated that, since the City
is not
bearing the costs of the design, he feels it is acceptable for the developer to select the
engineering firm.
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Responding to questions from the Commission, City Manager Wysocki suggested that
the developer be required to provide the engineered design for improvements to Durston Road
from North 19th Avenue to Ferguson Road. He recognized that a portion of that work may be
completed by another developer under approval of another project; but it will ensure that the
entire segment of the roadway is completed. He stated that the amount of right-of-way
. available for improvements can be determined during the design process; and any problems
with right-of-way will be identified.
Commissioner Youngman stated herconcurrencewith Commissioner Stiff's comments
regarding lot size. She noted this is another large piece of R-3 zoned land being divided
into
larger lots for low-density development. She then encouraged developers in the community to
begin providing a mix with smaller lots included for smaller homes on a voluntary basis, thus
avoiding the potential need for the City to mandate such action.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that
the Commission approve the preliminary plat for Greenway Subdivision, as requested by Mike
Potter, P.C. Development, under Application No. P-9450, in which a 23.99-acre parcel located
. in the northeast one-quarter of Section 11, Township 2 South, Range 5 East, Montana Principal
Meridian, is to be subdivided into 83 residential lots which will accommodate 108 dwelling
units, subject to the following conditions:
1. That the final plat shall conform to the Uniform Standards for Final
Subdivision Plats, contain all appropriate certificates, and be
accompanied by all appropriate documents, including a Platting
Ce rtificate;
2. The following notes shall be added to the plat:
a. Due to the relatively high
groundwater table within the
subdivision, it is not recommended that residences with full or
daylight basements be constructed.
b. land use shall be restricted to single family dwelling units only
on lot(s)_, Block(s)_, and to townhouse duplexes only on
lot(s) -
, Block(s) - ,
. 3. That the County Weed Control Officer approve a Weed Control
Plan for the subdivision, and a signed copy of the plan be
submitted to the Planning Office prior to final plat approval;
4. The developer shall resolve specific technical design issues with
the City of Bozeman relating to street curve and alignments;
sanitary sewer extensions and water main crossing; positions and
looping requirements to the satisfaction of the City. The following
issues shall be resolved:
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a. Curve C53 is smaller than
the minimum allowed by the City
Code. However,
in checking the final
plat for Westgate
Subdivision, the existing curve on Hunters Way, at 130 feet, is
also smaller than the minimum.
The curve platted by this
subdivision must match the curve in Westgate. No "broken back"
curves are allowable.
b. Sanitary sewer may be required
to be extended to the west
. property boundary in Villard, pending review by the City Engineer.
c. Utilize existing sewer off
of Durston, it is not shown as
existing at the east street.
d. Water and sewer crossings
and locations on south end of
Hunters Way are not acceptable.
e. The water main as shown in
the looped street in the south-
east portion of the development is a long dead-end line and will
need to have a second source of supply to be acceptable.
f. Hunters Way should be realigned
so sanitary sewer is in
standard City location (middle of street).
Identify location of
storm sewer.
g. Water, sewer, and storm sewer
shall be stubbed to the
peripheral property lines to accommodate future extensions;
5. The applicant shall comply with the following conditions of
approval set forth by Phill Forbes, Director of Public Service, prior
to final plat approval:
. a. Sidewalks across all non-privately
owned street frontages
should be constructed by the developer at initial construction (if
sidewalk construction is being delayed until home construction).
b. The Durston Road right-of-way dedication of 45 feet should be
dimensioned on the plat.
c. The minimum size of public storm sewers is 15 inches;
6. The applicant shall comply with the following conditions of
approval set
forth by
Fred Shields, Superintendent of
Water/Sewer, prior to final plat approval:
a. All water and sewer main extensions and service stubs must
be installed, tested, approved and accepted by the City prior to
issue of any building permits for this subdivision;
7. The two cul-de-sac stems shall be 50-foot rights-of-way I 32 feet
back of curb street pavement widths, with sidewalk in standard
City location and parking on both sides.
The cul-de-sac bulbs
. shall be 100 foot diameter right-of-way and 74 feet back of curb
cul-de-sac pavement widths;
8. The applicant shall comply with the following conditions of
approval set
forth by Roger
Sicz, Street/Sanitation
Superintendent, prior to final plat approval:
a. All applicable regulatory and street marker signs and dead end
markers shall be installed by the developer and in accordance with
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City standards.
The stop sign would be installed at the
intersection of Greenway Avenue and Durston Road.
b. The Street Department shall not maintain or be responsible for
the un~named
(Harmon) ditch traversing
the proposed
development;
9. The applicant shall comply with the following conditions of
. approval set forth by Chuck Winn, Fire Marshal, prior to final plat
approval:
a. The final plat shall show
fire hydrant spacing that conforms
with the City standards;
10. The applicant shall comply with the following conditions of
approval set forth
by John McNeil, Park/Cemetery IForestry
Superintendent, prior to final plat approval:
a. Park area shall have all fencing
material, construction debris,
and other trash removed. Area shall be leveled and any disturbed
areas reseeded, as to allow moving with turf type mowers.
b. 5-foot pedestrian trails and bridges will be installed to City trail
and bridge standards.
c. Sidewalks will be installed at points where the park borders or
crosses streets; Durston Road, Hunters Way, Villard Street and
Greenway Court.
d. All survey property pins on
the park boundary shall be
. delineated with flat flexible fiberglass posts * a minimum of 6 feet
in length with no less than 2 feet driven into the ground.
Each
post shall be labeled with a permanent glue on sign * * stating Park
boundary. *Posts shall
be equivalent to CARSONSITE type - 6
feet long by 3 inches wide, white or brown in color. * *Sign shall
be permanent glue on outdoor type approximately 2-3/4 inches by
14 inches stating PARK BOUNDARY or PROPERTY BOUNDARY;
11. The applicant shall comply with the following conditions of
approval set forth by Craig Brawner, City Engineer, prior to final
plat approval:
a. The property is subject to payback to the Daum Sewer Main
at an approximate cost of $0.05 per square foot of each lot with
a direct connection, and $0.01 per square foot of each lot with an
indirect connection. This fee must be submitted prior to final plat
approval.
b. A no access easement strip
prohibiting direct access to
Durston Road shall be provided for all lots adjacent to Durston
Road.
. c. A
Stormwater Drainage/Treatment Grading
Plan and
Maintenance Plan for a system designed to remove solids, silt,
oils, grease, and other pollutants must be provided to and
approved by the City Engineer.
The plan must demonstrate
adequate site drainage (including sufficient spot elevations),
stormwater detention/retention basin details (including basin sizing
and discharge calculations, and discharge structure details),
stormwater discharge destinations, and stormwater maintenance
plan;
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12. Water, sewer, and storm sewer stubs in a 30-foot easement shall
be provided from Hunters Way southeast through the park land to
the property line;
13. The developer shall be responsible for the complete engineering
design of Durston Road from North 19th Avenue to Ferguson
Avenue;
. 14. The property owners shall provide and file with the County Clerk
and Recorder's Office an executed waiver of right to protest
creation of SID's.
The waivers shall specify that in the event
SID's are not utilized for the completion of these projects, the
applicant shall agree to participate in an alternate financing
method for completion of said improvements on a fair share,
proportionate basis as determined by square footage of the
property, linear front footage of the property, taxable valuation of
the property, or combination thereof.
Said waiver shall include
the following improvements:
a. Street improvements to Durston
Road, including paving,
curb/gutter, sidewalk, and storm drainage, from North
19th
Avenue to Yellowstone Avenue.
b. Street improvements to West
Babcock Street, including
paving, curb/gutter, sidewalk, and storm drainage, from U.S. 191
to Fowler Avenue.
c. Signalization improvements
to Durston and North 19th.
d. Park maintenance and/or improvement
district(s).
. Said waiver shall be a covenant running with the land and shall
not expire;
15. Utility easements shall be shown on each lot on the final plat;
16. Parkland dedication
requirements shall be recalculated
with
subtraction of the 20-foot ditch maintenance easement and storm
drainage structures. If an adequate dedication amount does not
remain, a cash-in~lieu payment must be made for the difference;
17. A 35-foot setback shall be shown on the final plat for the entire
length of the watercourse.
No buildings, decks, or impervious
surfaces may be constructed in the watercourse setback.
A
minimum 20-foot (15 feet on one side and 5 feet on the other)
ditch maintenance easement shall be provided along the irrigation
ditch;
18. Block numbers shall be used;
19. The covenants shall be amended as recommended by the Staff,
. and submitted to and approved by the Planning Staff prior to final
plat approval;
20. The developer
shall obtain an on-site
investigation which
determines if any hydric soils are present, and shall mitigate as
required be the appropriate agency prior to final plat approval;
21. Preliminary plat approval does not exempt the developer from
impact fees established at a later date which are based on final
plat approval or building permit approval.
Final plat approval(s)
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shall be subject to any impact fees which are implemented prior
to said final plat approval. Development of individual lots shall be
subject to
any impact fees
applicable to building permit
applications implemented prior to building permit approval;
22. That the developer shall have three years from the date of
preliminary plat approval to complete the above conditions and
apply for final plat approval of all phases of the subdivision;
. 23. Plans and specifications for any water, sewer and/or storm sewer
main extensions, and Public and Private Streets (including curb,
gutter and sidewalks) prepared 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 Health and
Environmental Sciences.
The applicant
shall also provide
Professional Engineering (PE) services for Construction Inspection,
Post-Construction Certification, and preparation of mylar Record
Drawings. Specific
comments regarding th
e existing and
proposed
i nfrastructu re shall be
provided at that time
.
Construction shall not be initiated on the public infrastructure
improvements until
the plans and specifications
have been
approved and a preconstruction conference has been conducted.
No building permits will be issued prior to City acceptance of the
water and sewer improvements;
24. All infrastructure improvements induding 1) water and sewer main
extensions, and 2) Public and Private streets including curb/gutter,
sidewalks, and storm drainage infrastructure improvements shall
be financially guaranteed or constructed prior to occupancy. No
. building permits will be issued prior to completion and acceptance
of the water and sewer improvements;
25. If construction activities related to the project results in the
disturbance of
more than
5 acres of natural
ground, an
erosion/sediment control plan may be required.
The Montana
Department of Health and Environmental Sciences, Water Quality
Bureau shall be contacted by the applicant, to determine if a
Storm Water Discharge Permit is necessary.
If required by the
WQB, an erosion/sediment control plan shall be 'prepared for
disturbed areas of 5 acres or less if the point of discharge is less
than 100 feet from State Waters;
26. Approval from the Subdivision Program of Montana Department
of Health and Environmental Sciences Water Quality Bureau must
occur prior to final plat approval, pursuant to Sections 16.16.101
through 16.16.805, ARM;
27. All dead end roads must end in a temporary turnaround.
If the
turnarounds are not located on the subject property, easements
for the temporary turnarounds shall be recorded prior to approval
. of the infrastructure plans and specifications.
City standard
barricades shall be constructed at the ends of any dead-end City
street created by this subdivision; and
28. 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
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developer shall supply the City of Bozeman with an acceptable
method of security equal to 150% of the cost of the remaining
improvements.
Conditional approval of the preliminary plat shall be in force for
not more than three calendar years, as provided for 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. Thereafter, the
Commission may approve an extension for not more than one
calendar year.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Frost, Commissioner Youngman, Commissioner Stiff and Mayor Pro Tempore Stueck; those
voting No, none.
Reauest for Dermission to address Commission re DroDosed settlement agreement on Bozeman
Solvent Site - Barrv O'Connell
Mr. Barry O'Connell, attorney representing the City in the Bozeman Solvent Site case,
stated he is currently dealing with National Indemnity Insurance, a carrier of City insurance
which he found through an old court file from the mid 1970's. He stated that, as a result of
negotiations, National Indemnity Insurance has offered to pay the City $95,000 as a payback
. of the insurance policy. This amount would represent their proportionate share of the liability
since the insurance was in effect during the period August 12, 1970, which is the date the City
took ownership of the Buttrey's Shopping Center sewer line, and December 31. 1991, which
was the date of the letter informing the City of its PLP (potentially liable party) status, from the
Montana Department of Health and Environmental Sciences. He stated that it appears the
National Indemnity Insurance policy was in effect from December 1, 1973 through March 31
or July 17, 1975. Based on the percentage of time involved, it appears the insurance company
is liable for 8 percent of the allowable costs. He noted that since the insurance company was
not placed on notice of its potential involvement until November 9, 1993, they are not
responsible for any of the pre-tender costs associated with the solvent site prior to that date.
. Mr. O'Connell stated that the $95,000 would represent National Indemnity Insurance
Company's prorata share of a $1.2 expenditure to address the solvent site. He then
recommended that the Commission authorize him to accept this offer.
Mr. O'Connell stated he recognizes that the costs of remediation at this site are borne
by the City's taxpayers. He also recognizes that approximately 50 percent of the exposure is
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without coverage because of policies which carried absolute pollution exclusions.
Mr. O'Connell provided a brief overview of the various insurance companies with
which the City had policies during the period of 1970 to 1991. He indicated that Safeco is the
only insurance company which has agreed to participate in the costs to date, although he
anticipates agreements with one or two other companies will be forthcoming shortly.
. Mr. Barry O'Connell then stated that Commercial Union has indicated no intent to
participate in any of the costs. He asked the Commission for authorization to litigate this issue,
noting that if the Federal Court determines they are liable, they will participate not only in the
defense fees but in remediation costs as well.
Mr. O'Connell cautioned that, while some of the costs of the remediation are
recoverable, the costs of capital improvements are not. This means that the $300,000 which
the City is spending on a new sewer line will be borne by the residents of Bozeman, although
the insurance companies will participate in the costs of excavation and removal of the old
sewer line.
City Attorney Luwe recommended that the Commission approve Mr. O'Connell's
. requests for authorization to file declaratory judgment actions against Commercial Union and.
if necessary, against USF&G.
It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the
Commission authorize and direct Mr. O'Connell to accept the $95,000 offered by National
Indemnity Insurance, and authorize and direct him to proceed with declaratory judgment
proceedings against Commercial Union, and USF&G if determined necessary. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Youngman,
Commissioner Stiff, Commissioner Frost and Mayor Pro Tempore Stueck; those voting No,
none.
Discussion - vrioritizina of items to be included in imDact fee study
e City Manager Wysocki distributed a copy of the tabulation of possible items to be
included in the impact fee study which had been prepared in April. He also distributed copies
of a memo from Planning Director Andy Epple, dated November 14, and a letter from the
Southwest Montana Building Industry Association, dated November 14. He then asked the
Commission to review the list of items for which impact fees might be considered, forwarding
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their top priorities. He then cautioned that care must be taken when doing so to ensure
that
the fees assessed in the City don't push development into the County, noting it would be
preferable to continue doing business as it is done today.
Each of the Commissioners, in turn, forwarded their top three priorities, as follows:
. Commissioner Frost - water, sewer, transportation
Commissioner Youngman - water, sewer, transportation
Commissioner Stiff - water, sewer, transportation
Mayor Pro Tempore Stueck - water, sewer, transportation
City Manager Wysocki noted that water, sewer and transportation have definitely
surfaced as the top three items in everyone's mind. He then asked each of the Commissioners
to forward two secondary items; and those are as follows:
Commissioner Youngman - law enforcement, parks/open space
Commissioner Stiff - schools, law enforcement
Commissioner Frost - law enforcement, open space
Mayor Pro Tempore Stueck - schools, law enforcement
City Manager Wysocki asked that the Commissioners forward any additional
comments that may be generated by this evening's work session. He then indicated that staff
will pursue the possibility of including impact fees for the top three priority items in conjunction
. with the County impact fee study.
ADDointment of ex officio member to the Bozeman City Study Commission
City Manager Wysocki stated that Neighborhood Coordinator/Grantsperson James
Goehrung has agreed to serve as the ex officio member to the Bozeman City Study Commission
if he is appointed. He noted that since Coordinator Goehrung served on the study commission
ten years ago, his expertise could be beneficial to the new study commission.
It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the
Commission appoint Neighborhood Coordinator/Grantsperson James Goehrung to serve as the
City's ex officio member to the Bozeman City Study Commission. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost,
e Commissioner Youngman and Mayor Pro Tempore Stueck; those voting No, none.
Ordinance No. 1394 - Salary ordinance for Fiscal Year 1994-1995
Included in the Commissioners' packet was a copy of Ordinance No. 1394, as
approved by the City Attorney, entitled:
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- 22 -
ORDINANCE NO. 1394
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, FIXING THE MONTHLY SALARY AND OFFICIAL BOND OF THE
HEADS OF THE DEPARTMENTS, CITY JUDGE AND THE EMPLOYEES OF
THE CITY COMMISSION OF THE CITY OF BOZEMAN AS REOUIRED BY
LAW.
. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that
the Commission adopt Ordinance No. 1394, setting the salaries of specified employees, on first
reading and that it be brought back in two weeks for final adoption. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner
Youngman, Commissioner Stiff and Mayor Pro Tempore Stueck; those voting No, none.
Discussion - FYI Items
City Manager Wysocki presented to the Commission the following "For Your
Information" items.
(1 ) Memo from Assistant Planning Director Debbie Arkell, dated November 8,
indicating that staff has received a request for approval of landscaping in lieu of parking before
. the Design Review Board.
(2) Letter from Dennis Slonaker, dated November 3, which was received too late
to be considered in the decision on annexation of South 13th Avenue into the neighborhood
parking district.
(3) Letter from Joni Staffanson,
dated November 1994, regarding
the
installation of sidewalks in Figgins Addition.
(4) Letter from Elizabeth Healy, 1221 South Third Avenue, dated November 6,
regarding the parking district.
(5) Agenda for the Development Review Committee meeting to be held at 10:00
a.m. on Tuesday, November 15, at the Carnegie Building.
(6) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on
. Tuesday, November 15, at the Carnegie Building.
(7) Agenda for the City-County pranning Board meeting to be held at 7:00 p.m.
on Tuesday, November 15, in the Commission Room.
(8) Agenda for the County Commission meeting to be held at 1 :30 p.m. on
Tuesday, November 15, at the Courthouse.
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(9) Agenda for the Chamber of Commerce
Governmental Affairs Committee
meeting to be held at 7:30 a.m. on Wednesday, November 16, at the Chamber Office.
(10) Copy of a memo from the Mayor
to members of the Study Commission,
setting the organizational meeting for 7:00 p.m. on Wednesday, November 16.
. ( 11 ) Copy of a letter from Ad ministrative Services Director Gamradt to Mr. Elden
Chang, dated October 26, regarding issues to be addressed during the public hearing on
November 21 .
(12) The City Manager submitted his
weekly report, as follows. (1) Thanked the
Commission and the community for the success of the general obligation bond issue. (21 Last
week, members of the Police
Department met with representatives from the Greek
organizations on campus to review the "social guidelines".
(3) Attended a meeting on a
combined dispatch center this past week. (4) Met with the
County Commission and staff
regarding design of West Babcock Street. (5) Met with attorney Barry O'Connell in preparation
for today's meeting. (6) Announced that the City Hall bowling team raised approximately
$3,100 for Big Brothers and Big Sisters this past weekend.
(7) Stated the landfill shed was
. broken into last week, with approximately $300 in damages.
(11 Distributed a copy of a
(131 Commissioner Frost submitted the following.
letter from the Yellowstone Art Center, dated August 25, which he had received from Assistant
City Manager Brey. (2) Attended a DISC meeting on Tuesday, regarding the parameters for a
tax increment financing district. (3) Met with the homebuilders on
Wednesday morning. (4)
Attended the public meeting on the green building at MSU. He
stated that the meeting was
very interesting, showing how buildings can be made energy efficient. (5) Stated that, while
he is pleased with the results of the election, he recognizes that care must be taken in how
those monies are expended. He suggested that alternatives to movement of vehicular traffic
should be considered, such as pedestrian ways, bike lanes and public transportation. (6) Stated
that Time magazine carried an article entitled "Soft on Crime", regarding the concept of "three
. times and you're out". He stated the court system is beginning to look at it as a total failure
because it is expensive to house prisoners and because of plea bargains to reduce crimes from
felonies to misdemeanors to avoid the third strike. He indicated
a willingness to copy the
article for anyone who wants it; all of the Commissioners and City Manager Wysocki stated an
interest.
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(14) Commissioner Youngman submitted
the following. (1) Attended the meeting
with the homebuilders on Wednesday morning. She noted the new information they have just
submitted regarding the breakdown of costs will be beneficial for this evening's work session.
(15) Commissioner Stiff submitted
the following. (1) Stated an interest in
. revisiting the curfew issue as soon as possible. (2) Stated that members of the public have
indicated an interest in seeing a priority list on how the monies from the general obligation bond
issue are to be expended.
(16) City Attorney Luwe submitted
the following. (1) Stated the new sewer line
at the Bozeman Solvent Site is nearly complete. (2) Stated that the Assistant
City Attorney
has nearly completed her research on the curfew ordinance and preparation of a new ordinance.
He indicated that the ordinance will be submitted to staff for review and comment prior to
submittal to the group of interested parents and then the Commission for action.
(3)
Announced that he and County Attorney Mike Salvagni made a presentation at Leadership
Bozeman on Thursday regarding the City Attorney's and County Attorney's offices.
(17) Clerk of the Commission Sullivan
submitted the following. (1) Showed the
. Commissioners the plaque which the City Hall bowling team received in recognition of its fund
raising efforts for Big Brothers and Big Sisters last year. (2) Reviewed the agenda for next
week's meeting, which includes four public hearings.
( 18) Mayor Pro Tempore Stueck
asked if the staff can amend the condition for
the project on the Fellows property to allow them to participate in improvements to Durston
Road at a future date rather than requiring that they provide the improvements.
City Attorney Luwe responded that would require a modification of the conditions
of
approval.
( 19) Mayor Pro Tempore Stueck
stated that he attended a meeting on the West
Babcock Street right-of-way issue. He then asked which governmental entity should take the
lead on obtaining a decision on the legal right-of-way.
. City Attorney Luwe stated that if the right-of-way is in the County, the City
may not
have the authority to seek a court ruling. He then informed the Commission that
he and
County Attorney Salvagni are working together on the issue.
11-14-94
- 25 -
Consent Items
City Manager Wysocki presented to the Commission the following Consent Items.
Inclusion of reauest from Bozeman Ponds Task Force for City to assume
resDonsibilitv for imDrovements to and maintenance of the
Bozeman Fish Ponds in the budaet crocess for Fiscal Year 1995-
1996
. Acknowledge receict of reauest for modification of condition Nos. 18 and
19 for accroval of Courtyard Cottaaes Subdivision - Ileana
Indreland on behalf of herself and Diamond Productions. Inc.; refer
to staff
Authorize expenditure of $4.438.17 as partial reimbursement for costs
billed by the State of Montana DeDartment of Health and
Environmental Sciences for the Bozeman Solvent Site for the
Deriod of Julv 1. 1994 throuah Sectember 30. 1994
It was moved by Commissioner Youngman, seconded by Commissioner Stiff, 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 Youngman, Commissioner Stiff, Commissioner
Frost and Mayor Pro Tempore Stueck; those voting No, none.
. Recess - 5:40 C.m.
Mayor Pro Tempore Stueck declared a recess at 5:40 p.m., to reconvene at 7:30
p.m., for the purpose of conducting the scheduled work session with the Housing Task Force.
Reconvene - 7:30 C.m.
Mayor Pro Tempore Stueck reconvened the meeting at 7:30 p.m., for the purpose
of
conducting the scheduled work session with the Housing Task Force.
Work session with Housina Task Force re revised recommendations
This was the time and place set for a work session with members of the Housing
Task
. Force and the group which has been meeting on Wednesday mornings to review the revisions
which have been made to the recommendations forwarded by the Task Force. Since this was
a work session, the minutes are abbreviated.
In attendance at this session were:
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~ 26 ~
City Commission
Mayor Pro Tempore Stueck
Commissioner Youngman
Commissioner Stiff
Commissioner Frost
City Staff
. City Manager Wysocki
Neighborhood Coordinator/Grantsperson Goehrung
Homebuilders/Task Force
Mike Potter
Jim Syth
Dan Kamp
Don Hannah
HRDC
Caren Couch
Jeff Rupp
The discussion was based on the memorandum of November 10 from James
Goehrung, and the "Summary and Recommendations for City and County Commissioners
Regarding Infrastructure Costs and Affordable Housing" as prepared by the group
which has
. been meeting on Wednesday mornings.
Mr. Mike Potter stated that the six items contained in the summary are those
items
upon which consensus has been reached during the early morning meetings.
A considerable amount of discussion revolved around the issue of impact fees.
The
development community
emphasized the importance of
ensuring that the fees are
comprehensive, not piecemeal; that they are coordinated between governmental
entities, fair
and predictable; and that they are assessed when the building permit is issued.
Mr. Dan Kamp stated that everyone recognizes that transportation is the top
issue,
with water and sewer following closely behind. He cautioned, however, that from
that point
down in the list, a diversity of opinion emerges.
He further cautioned that all impact fees
assessed must be directly attributable to the growth that is being asked to
bear the impact
. fees.
Mr. Kamp then stated that the developers recognize that the transition period
between
requiring off-site improvements and impact fees will be a difficult one; and
they are willing to
assist in that conversion by accepting some additional requirements for a period
of time.
11-14-94
- 27 -
City Manager Wysocki stated that the Planning Director has reviewed the list
of
projects contained in the transportation plan, and has determined that 75 percent of the $40
million in listed projects should have been completed years ago to maintain pace with the
growth which was occurring. He then cautioned that the monies derived from impact fees may
. not be banked for the future. He concluded by forwarding his position that any street adjacent
to a site is a part of that site and is, therefore, subject to inclusion in required improvements.
Mayor Pro Tempore Stueck noted that the Commission is discussing the possibility
of adding more fees; and he is concerned that will further preclude the construction of
affordable housing. He then suggested that the key issue is reducing the cost of land; and that
must be accomplished before the issue of affordable housing can be discussed further.
Commissioner Stiff suggested that reducing the size of lots, so they are just
larger
than the minimum allowed in a zoning district, would allow more lots per acre and possibly
reduce the costs of that lot.
City Manager Wysocki cautioned that lots will be priced according to the market,
no
matter what their sizes might be.
. Mr. Mike Potter stated that incentives for affordable housing, such as lower impact
fees, could possibly attract developers to enter that market. He also noted that acquiring lots
for $12,000 to $15,000 could help to bring the costs down and generate more affordable
homes. He stated that with the hard costs involved, there must be political
commitment to
making the program work.
Mr. Dan Kamp noted that market will dictate the sale price of the lots. He noted
that
when the number of lots available is low, the cost is high.
Responding to Commissioner Stiff, Mr. Kamp reviewed the list of figures under
the
"1994 Actual Project 'Infill' Residential Subdivision Lot Costs" to determine how many are
fixed and how many are variable. After that review, he recognized that none of the costs are
fixed, but that they are all variable to at least some degree.
. Commissioner Stiff reiterated his position that creating smaller lots could
help to
reduce the land costs.
Mr. Potter stated that the current market is for a typical American dream home,
which
is a single-family dwelling with at least 1,200 square feet and a two-car garage. He suggested
that until the market place changes, the homes produced will not change.
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Commissioner Stiff stated he firmly believes that if a developer were to build small
homes on 5,000-square-foot lots and sell them at affordable prices, they would sell. He then
stated his preference is for the development community to voluntarily provide that type of
housing, rather than the Commission mandating it.
. Mr. Kamp recognized that the market place has been working against the idea of
providing affordable housing because it has been so good and the developers have been
interested in the profit margin that their typical homes have been providing. He
noted,
however, that the development community is beginning to see a soft spot in the $120,000 to
$140,000 range; and those developers may need to seek a different market in the near future.
Commissioner Stiff stated his interest is in the $80,000 market.
Mr. Jim Syth stated that the profit margin on a 1,000 or 1, 1 OO~square~foot home is
roughly $4,000 to $5,000. He stated that with the liabilities that builders face when building
homes and the potentials for callbacks, they are not interested in such a narrow profit margin,
unless they can be guaranteed that the margin will not be eaten up.
Mrs. Caren Couch suggested that, rather than concentrating small homes into a single
. development. it may be preferable to intersperse them among larger homes. She suggested
that this could help developers to break into the lower end market because the profit margin
on the larger homes could help to offset the smaller margin on the smaller homes.
Mr. Potter recognized that tract development, in which only four to five designs are
used and homes are constantly in various stages of completion, is the way to reduce costs of
construction.
Commissioner Stiff noted the importance of addressing the NIMBY factor, stating it
is a very real issue. He stated that is not limited to neighborhoods, but can apply to developers
as well.
Commissioner Frost stated that all of the comments forwarded have reinforced his
feeling that inclusionary zoning is needed. He noted that the older parts of Bozeman, reflect
. how well larger homes and smaller homes can be mixed in a successful manner. He then noted
that the Commission has decided to allow the development community two years in which to
address the affordable housing issue before this type of requirement is implemented.
Mr. Dan Kamp stated that, while the development community recognizes what the
Commission is asking, it has a different philosophy. He expressed concern that
inclusionary
11- 14-94
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zoning would have the opposite effect from what the Commission is trying to
achieve.
Mr. Syth cautioned that
smaller lots may not sell for a lower price than the larger ones
in the same area; rather, an individual may want a smaller yard to maintain.
He also cautioned
that it would not be appropriate to build a $75,000 home among $300,000 homes.
. Mr. Kamp stated that both sides are asking the same questions. He stated the
developers feel they need predictability in the rules and regulations; and
they need incentives.
He then suggested that a successful demonstration project could help to break
down the
barriers that exist and result in more developers being willing to enter that
market.
Responding to Mr. Potter, Commissioner Youngman estimated that an affordable
home would cost between $75,000 and $85,000.
She then suggested the possibility of
packaging the homes within a subdivision, using the same real estate company
and possibly
getting a bank involved, in an effort to reduce some of those costs.
Mr. Dan Kamp suggested that more honest and thoughtful concept plan reviews
could
help to make this type of development more successful.
He noted that high densities are
needed to make an affordable housing project successful; however, that also
faces opposition
. from those living in the area. He also suggested that changing design standards, such as street
widths, setbacks, and allowing storm retention facilities in open spaces, could
help to lower
the costs. He further suggested
that establishing the minimum requirements for life safety
items could allow for some reductions from the code requirements in some areas.
Mr. Potter suggested that allowing narrower sidewalks and different curbs and
gutters
could help to reduce costs as well.
Commissioner Stiff suggested that, rather than trying to develop methods under
which the development community would assist in providing affordable housing,
it may be in
the City's best interests to lend its support to those who are making an effort,
such as the
HRDC and Bozeman Interfaith Housing.
City Manager Wysocki cautioned that it is not reasonable to anticipate that
someone
. making $4.50 to $5.00 an hour can afford to purchase a home.
Commissioner Frost stated that, whether through inclusionary zoning or mandating
cheaper homes, he feels the real key is better neighborhoods, more like the
older parts of
Bozeman. He stated that he does not believe that newer subdivisions, such as
Valley Unit, are
good examples of a neighborhood.
11-14-94
- 30 -
The City Manager stated support for Commissioner Stiff's suggestion that the City
support the efforts of HRDC and Interfaith Housing. He also suggested that until something
is done to artificially jolt the market, the cost of lots will not decline.
Mr. Jim Syth suggested that, through use of Housing Trust Fund monies and grant
. monies, any impact fees and possibly building permit fees could be written down, on affordable
housing projects.
Responding to Mayor Pro Tempore Stueck, Mr. Jeff Rupp reviewed the costs which
HRDC has encountered in developing its affordable housing project. He stated that they
followed all zone code regulations; and the cost per lot is $18,714, for a 6,OOO-square-foot lot.
The homes which they have been able to construct for approximately $78,000 have been
appraised at $103,000. He then indicated they will be selling the homes for $60,000, which
does not take land costs into consideration.
Commissioner Youngman stated the Commission has revised and rewritten the task
force recommendations into a different format. She asked if the new format is acceptable to
the development community.
. Mr. Jim Syth stated it is important to avoid any reference to the Housing Task Force
in the proposed affordable housing policy because the policy, while it may be based on the
Task Force recommendations, is not an accurate reflection of their recommendations. He then
noted that inclusionary zoning is an item upon which the task force could not come to
agreement.
Mayor Pro Tempore Stueck noted that along Fieldstone Drive, the lots are
approximately 7,000 square feet; and the houses are large. He suggested that to have
different sizes of homes in that type of subdivision could generate a better appearance.
Commissioner Stiff stated that, while he recognizes that an affordable home may not
be appropriate among $300,000 homes, he feels it could be accommodated in a subdivision
with $125,000 or $150,000 homes.
. Responding to comments from Commissioner Stiff, Mr. Syth stated that the Task
Force recognized the need for additional affordable rental units as well as homes for purchase.
He suggested that, with the addition of affordable rental units, people will actually be able to
move around within the rental housing market.
11-14-94
---.- ...-
- 31 -
Mr. Dan Kamp stated the only way to successfully create affordable rental units
is
through State tax credits.
He cautioned that if too many developers begin to utilize that
program, there won't be sufficient tax credits to benefit any single community.
Responding to Mr. Potter, Neighborhood Coordinator Goehrung estimated that
600
. single-family affordable units are needed to address the housing issue.
. Mr. Mike Potter asked whether manufactured homes have been considered as a
method of addressing the problem.
Commissioner Frost noted mobile home parks in southern California, which are
well
landscaped. He stated that, with the sale of lots, mobile homes hold their
values and, in some
instances, appreciate.
Responding to comments from Mr. Kamp regarding concept plan reviews, the City
Manager suggested that, rather than pretty pictures, the use of bubble diagrams
to show where
development is to occur may be sufficient.
Commissioner Frost stated it is important for the Commissioners to have the
information on the concept plan prior to the Commission meeting.
He noted that when they
. see it at the Commission meeting on Monday, it is extremely difficult to digest the information
and submit valuable feedback.
Mayor Pro Tempore Stueck asked that the developers review the policy which
has
been prepared at the Commission's request and forward any comments prior to
the public
hearing, which is set for November 28.
Adjournment - 10:10 c.m.
There being no further business to come before the Commission at this time,
it was
moved by Commissioner Stiff,
seconded by Commissioner Frost, that the meeting be
adjourned. The motion carried
by the following Aye and No vote: those voting Aye being
Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Pro
Tempore
. Stueck; those voting No, none.
11-14-94
- 32 -
',~2n L ,~~
DON E. STUECK
Mayor Pro Tempore
. ATTEST:
~ J~f2~
ROBIN L. SULLIVAN
Clerk of the Commission
.
e
11~14-94