Loading...
HomeMy WebLinkAbout1994-09-26 ccm -. ----- ..-- .--.---- MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA September 26, 1994 ***************************** e The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, September 26, 1994, at 3:00 p.m. Present were Mayor Vincent, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost, Acting City Manager Brey, Staff Attorney Wordal and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Mayor Vincent asked if any of the Commissioners wished to remove any of the Consent Items for discussion. Acting City Manager Brey requested that the kennel license requested by John Garre be removed for discussion. Minutes Mayor Vincent deferred action on the minutes of the regular meetings of August 1, I August 8, August 15, August 22, August 29, September 6, September 13 and September 1 9 to a later date. Introduction of International visitor Mayor Vincent announced that Mr. Nobutake Tanaka and his U.S. escort/ interpreter, Mr. Yuji Yokoyama, are in attendance at this Commission meeting. He then introduced the gentlemen to the Commissioners and those County Commissioners in attendance at this meeting, following which he and Mr. Tanaka exchanged gifts. Work session with County Commissioners - review of resolution of intent to create water aualitv district and attached exhibit - Justin Buchanan e Acting City Manager Brey reminded the Commissioners that they had received written information on the water quality district in last week's packet. Gallatin County Health Officer Jackie Stonnell stated that, because of concern about the fact that no one knows what is really happening to the water supply with tremendous amount of development that is occurring in the county. Because of that concern, the County 09-26-94 --.-.... ------- ------ ------------------ -- ----------- - 2 - a resolution of intention to create the Gallatin Water Quality District. This resolution is now being forwarded for consideration by the Bozeman City Commission, Belgrade City Council and the Manhattan Town Council. She noted that last year, the City Commission showed support for the creation of a water quality district during the Health Department's presentation on this e issue. Mr. Dave Pruitt, Chair of the Gallatin County Commission, noted that in the county, particularly south of Bozeman, there are a lot of septic tanks and drainfields concentrated in a small area. He cited examples of situations where a septic tank may be servicing more than one residence, and some of the problems that can occur from such a situation. He also noted there are several sites where the wells and drain fields may have the required 1 DO-foot separation. County Commissioner Pruitt emphasized the importance of creating a water quality district, suggesting that the information gathered and compiled through this district could help to avoid the potential of residents becoming sick or dying from polluted wells. County Commissioner Jane Jelinski requested that the Bozeman City Commission I adopt a resolution stating that the City wishes to be included in the water quality district. She estimated the cost of this district at $5.50 per household for those properties within the active district. County Commissioner Jelinski stated that in Bozeman, the primary emphasis will be on evaluation of the storm water drainage system. In the County, the primary emphasis will be on wells and septic systems, in an effort to address those concerns which were enumerated by Chair Dave Pruitt. County Commissioner Jelinski stated that the County Commission has already met with the Councils from Belgrade and Manhattan. The City of Three Forks has indicated they are not interested in being involved in the active portion of the district; however, they wish to be included in the general district, enabling them to promptly become involved in the active part e if a problem arises. She noted that until Three Forks becomes involved in the active part of the program, those residents will not be assessed for this district. Responding to Mayor Vincent, County Commissioner Jelinski stated that the governing body for the water quality district will set the annual assessments for this district. She then noted that the original intent was to expand the Board of Health membership to allow 09-26-94 - 3 - representation from the City of Belgrade and the Town of Manhattan, with that Board serving as the governing board for the water quality district. Due to statutory restrictions on the composition of a Board of Health, a new board will be established to oversee the water quality district; and that board will be comprised of the Board of Health members plus representatives e from the City of Belgrade, the Town of Manhattan and the Soil Conservation Service. As other municipalities become involved in the district, the board can be expanded to include representatives from those municipalities. Responding to questions from Commissioner Stueck, County Commissioner Jelinski explained that the purpose of the water quality district is not regulatory; rather, it is to gather information which will enable governing bodies to develop policy and make decisions based on accurate data. She noted that at the present time, there is a substantial amount of information on water throughout the county; however, that information is fragmented and needs to be gathered into a single office. She stated that, unlike Missoula, which has one large aquifer, the Gallatin Valley has several different aquifers at varying depths; and projecting impacts on those aquifers is extremely difficult at this time. . Commissioner Stueck stated his main concern is the amount of development which is occurring in the county near Bozeman and, more recently, near Belgrade. He expressed concern that the septic systems which are installed in conjunction with that development could impact the aquifers, contaminating wells for other sites located on the downflow side. He cited the proposed Fort Ellis Leisure Community east of Bozeman as an example of his concerns. County Commission Chair Dave Pruitt cautioned that the State is the regulatory agency in those instances. He stated the County has stepped across that line on a couple occasions and has been reprimanded for doing so. He noted that a local governing body can ask for additional investigation if it is concerned about an issue; however, that is the extent of their capabilities. Mr. Justin Buchanan, staff person for the water quality district, stated that all . proposed projects just go through a non-degradation review before the State agencies to ensure that a project will not negatively impact the surrounding area. He noted that at the present time, the evaluation of a proposal is based on the data provided in that proposal, as long as the data appears to be reasonable. He stated that, while the water quality district will not have any regulatory powers, it can forward data to the State along with a listing of their concerns. 09-26-94 ------------- -.-- - 4 - Responding to questions from Commissioner Frost, Mr. Buchanan noted that Montana has the strictest water regulations in the nation at this time. He stated that the law says "non- degradation", rather than setting standards above which the quality of water must remain. He noted that, since Montana is at the head of the water courses, the water is of very high quality. e He expressed concern that at the present time, the State has no real way to enforce the provisions of this law; however, the creation of water quality districts could be of assistance. Responding to Commissioner Frost, Mr. Buchanan stated that, even with a water quality district, the Buttrey's solvent site issue would have been extremely difficult to detect any earlier than it was. Further responding to Commissioner Frost, Mr. Justin Buchanan stated that the water quality district will not be a source of information for developers. He noted that developers will be required to provide information on water availability in conjunction with their applications; and that information can then be checked against the information available through the water quality bureau for accuracy. He indicated that this can be accomplished through a review of the data available on wells and septic systems in an area as well as computer modeling. I Mr. Buchanan indicated that the Soil Conservation Service has recently revised its soils map for the county; and that data has been forwarded to the Health Department. He noted this information will be beneficial in determining how well the soils will filter effluent from septic systems. County Health Officer Jackie Stonnell characterized the proposed water quality district as "preventive health", because it will help to ensure the quality of the water which people are using. Responding to questions from Commissioner Youngman, Mr. Buchanan stated that in Missoula and Helena, where water quality districts have been created, the State gives an amazing amount of credibility to the information supplied by those districts. He emphasized that a water quality district in Gallatin County could provide some assurance that the water in . this area is better protected. Responding to Acting City Manager Brey, Mr. Buchanan stated that the board for the water quality district will determine what work items it wishes to see addressed each year, and the staff will be charged with developing a work plan for the year, which will be reviewed and approved by the board. 09-26-94 - 5 - Responding to Mayor Vincent, County Commissioner Jelinski requested that the City Commission adopt a resolution of concurrence with the proposed water quality district as soon as possible, noting that a draft resolution has been included in the information submitted to the Commission. She noted that as soon as all governing bodies involved have done so, the e County will notify all residents within the proposed district; and that will begin the protest period. It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the Commission authorize and direct staff to bring back a resolution stating concurrence with the proposed water quality district. 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. Continued work session - recommendations forwarded bv Housing Task Force Included in the Commissioners' packets was a memo from Neighborhood Coordinator/ Grantsperson Goehrung, dated September 23, forwarding some additional items for . Commission consideration. At the Mayor's request, the Commissioners reviewed the questions contained in the memo prepared by Commissioner Youngman, which was included in the packet of information forwarded by Neighborhood Coordinator Goehrung. 1. Investigate mixed neighborhood requirement (certain % of lots to be minimum size for zoning designation, maybe define square footage for home as well). Consider applying to subdivisions, PUD's, major site plans and minor site plans. The Commission concurred. 2. Promote affordable housing development in all methods of development, not just affordable PUD (subdivisions, major site plans, etc.). Commissioner Stueck questioned the term "promote" and what is anticipated. He . then indicated that he does support this item in concept but feels that some guidelines are needed. Commissioner Stiff stated he supports the concept. He then expressed concern about supporting small pieces of the issue on an individual basis, noting the entire issue must be considered in the end. He emphasized the fact that, while he may be in support of an individual 09-26-94 __.____~___. _ ..._._ ...n_... __...... - 6 - piece of the proposal in concept at this time, that position may change when considering the entire document. 3. Include in density bonus policy some guidelines for % of houses or apartments created through bonus to be affordable. The Commission concurred. e 4. Explore options for an accessory housing policy. Commissioner Youngman stated there are a number of ways to accomplish this. She noted the most conservative would be to allow a room, portion of the house, or a carriage house on a lot to be occupied by a relative; and the least restrictive would be to allow the creation of a rental unit in any zoning district. She stated that this would provide an easy, quick way to generate additional rental units without new construction, resulting in a higher number of affordable units. Commissioner Stueck cautioned that care must be taken to ensure that this provision does not conflict with the covenants for developments in some portions of the community. Commissioner Frost stated that he basically agrees with this item. He noted that some people had anticipated that this provision would be included in the zone code . amendments recently adopted, to accommodate rental units in some of the older conservation districts; but it was not. While he feels it is a good idea, he believes it must be reviewed very carefully. Mayor Vincent voiced his support for this item in concept, leaning toward the conservative approach, and cautioning that this provision could create some real problems, particularly in the older parts of the community. Commissioner Stiff feels it is imperative for the Commission to get input from staff on this item. He noted that ensuring the health, safety and welfare of the community is a priority for the Commission; and he feels that must be carefully considered. 5. When defining incentives for affordable housing development, include some for energy-efficient development (to promote long- e term affordability). The Commissioners stated general concurrence. Commissioner Stiff cautioned that conversation with a local contractor revealed that the upfront costs of energy-efficient construction would negatively impact attempts to make a unit affordable. 09-26-94 -------.---. --.--- - 7 - 6. Set a deadline in adoption of housing policy for reconsideration of inclusionary zoning if the measures included in the housing policy don't result in creation of affordable housing for low and moderate-income people (maybe one year or eighteen months). Commissioner Stueck stated his disagreement with this item. Commissioner Frost stated that he agrees, and supports reconsideration after one e year. Commissioner Youngman stated her support for this item. Mayor Vincent stated he is not opposed to reconsidering this item. He noted that if the Commission adopts an incentive program to encourage the development of affordable housing but finds after a year that it did not work, then this approach should be reconsidered. Commissioner Stiff stated his disagreement with considering inclusionary zoning in a year. He emphasized the importance of having the City and those in the building industry working together to generate affordable housing; and he does not believe that would occur under this proposal. 7. Target next public facilities block grant application deadline for infrastructure for a manufactured home park. a Commissioner Youngman suggested that the language on this item should possibly be softened slightly. She noted the possibility of another application being submitted for public facilities monies that would be better than this proposal; and she feels the Commission should have the latitude to forward the application it feels has the best chance of being funded through the CDBG program. Neighborhood Coordinator/Grantsperson James Goehrung summarized the input from Commissioners to date, noting that language changes are needed in several of the recommendations forwarded by the Housing Task Force, including Nos. 3, 4, 5, 8, 13, 14, 18, 21 and 23. The Commissioners have also expressed an interest in further discussion on Item Nos. 2 and 4, listed above. Commissioner Youngman stated she feels some revisions are needed in the mission . statement as well. She then asked for a brief philosophical discussion about the mission statement, to determine whether some of her proposed changes are acceptable. She suggested that it is important to incorporate the words "for all income levels" into the mission statement, so that everyone is aware that the Commission feels this is an important item to address. 09-26-94 ___ __ ____________ __n_ - - 8 - Commissioner Frost stated he has no problem with adding that statement. Mayor Vincent concurred with the proposed revision. He then noted that the reality is that a lot of people who work in Bozeman cannot afford to live here; and he cautioned that addressing the affordable housing issue may not result in everyone being able to afford to do _so. Commissioner Stiff noted that in the September 19, 1994, edition of the Nation's Cities Weekly, there is an article entitled "NLC Joins HUD In Fostering Homeownership", which outlines HUD's attitude regarding home ownership. He noted that HUD plans to provide programs through which the percentage of home ownership increases to 85.2 percent by the year 2000. He suggested that, with this type of effort at the national level, it will probably not be necessary for the City of Bozeman to undertake this effort all alone. Commissioner Youngman reminded the Commission that it is important to remember that the City will need to take the initiative to work with HUD, possibly through applying for grants. Commissioner Stueck suggested that using some of the community housing fund I monies for deposit and first and last months rents should have a higher priority. He also questioned whether the City should contribute toward landscaping for a project. Commissioner Frost pointed out that the City has obtained a tree grant, which was used to plant trees along the street in a new subdivision; and the City has given two street trees to the Interfaith housing project. Commissioner Stueck stated that as long as the City's contribution is in the form of street trees, that is acceptable. Neighborhood Coordinator/Grantsperson Goehrung noted that after the Commission has revised the recommendations from the Housing Task Force into a policy that it can accept, staff will put that policy into a resolution for adoption. He cautioned that care must be taken to ensure that this policy does not conflict with existing planning and zoning documents. . Commissioner Youngman stated that the new format just submitted by Neighborhood Coordinator, which groups the recommendations from the Task Force into goals and objectives, provides a good, concise statement of the City's position. She also noted this could be an effective tool for communicating with others. 09-26-94 -- .. -- -.-.- - 9 - Responding to Commissioner Stueck, Acting City Manager Brey stated it may be possible to develop an affordable PUD chapter in the zone code, under which the parameters for an affordable project could be set forth. He suggested that through this mechanism, it may be possible to simply add one chapter to the code rather than revising portions of several e chapters. He cautioned that the City Attorney must review that proposal to determine whether it would be acceptable from a legal standpoint. Commissioner Stiff noted that the NIMBY factor is very real. He suggested that if the Commission is serious about addressing the affordable housing issue, it must also be prepared to address public protest and public comment as each affordable housing project is considered. Acting City Manager Brey stated that elements of certainty will help to reduce the costs of a project just about as much as anything else. He stated that if, through pre- determined criteria and specific development standards, a developer can proceed through the review process with some degree of certainty of receiving approval, generating more affordable housing units will be more easily attained. He suggested that this could include pre-determined locations for affordable housing projects, although he conceded that concept was previously , rejected. Commissioner Frost noted that the issue of the democratic, public process now allowing government to run like a business was raised at the Wednesday morning meeting with representatives from the building industry. He recognized that, while accepting public input can make the process more cumbersome, he feels that public input must still be accommodated and considered. Commissioner Youngman stated that if the new criteria for approval of an affordable housing project are specific enough, she feels that public comment can still be balanced against the application. She further stated that if the public does not believe that the basic conditions have been met, then the Commission must carefully weigh the application. Mayor Vincent stressed the importance of developing a policy that is clear, reasonable . and simple, as he does not want to create a meaningless policy that will not work. Commissioner Stueck noted it is important to recognize that to successfully address this issue, everyone must be willing to work together, using a variety of techniques. Neighborhood Coordinator/Grantsperson Goehrung stated that after he has received additional input from the Commissioners, he will prepare new language for Commission 09-26-94 ---. - 10 - consideration. He noted it is important for the building community to also have an opportunity to provide input. He reminded the Commission that there has been some discussion of returning the revised document to the Housing Task Force for their review and asked if that is still their desire. . Mayor Vincent emphasized that the pOlicy must also be forwarded to the City Attorney for legal review prior to adoption. Commissioner Stueck suggested that it may be beneficial for the City Commission, City-County Planning Board, Planning staff and Housing Task Force members to conduct a joint work session on this document before it is finalized. Following discussion on adoption of the policy, Mayor Vincent suggested that a realistic timeline, including all remaining steps, be developed. He then asked that the Commissioners forward any proposals for changes in wording to the items listed above to Neighborhood Coordinator Goehrung by Thursday. Those proposals will then be incorporated into the information to be discussed in a continued work session at next week's Commission meeting. I ADDlication for Kennel license - John Garre. 1321 South Montana Avenue - Calendar Year 1994 Acting City Manager Brey reminded the Commission that he had requested this item be removed from the Consent Items. The Acting City Manager submitted to the Commission a letter from Julie A. Quenemoen, 1316 South Bozeman Avenue, dated September 25, stating her opposition to this requested kennel license. He then requested that the Commission delay action on this application for a period of one week, to allow staff an opportunity to review the situation further. Responding to Mayor Vincent, Acting City Manager Brey explained that, without a kennel license, only two dogs are allowed per residence. He noted that since this application . is in process, the Police Department will not require that any of the dogs be removed at this time. The Commission concurred in the Acting City Manager's recommendation; and the Mayor requested that this item be placed on next week's agenda for action. 09-26-94 --.----- -- - 11 - Discussion - FYI Items Acting City Manager Brey presented to the Commission the following "For Your Information" items. (1 ) Copy of a letter from Planning Director Epple to the Soil Conservation . Service, dated September 23. regarding the critical lands strategic plan. Commissioner Stiff requested that this item be placed on an agenda in the near future, so staff can provide the Commission an update on the status of this study. (2) Letter from Jeff Downhour, Southeast Bozeman Neighborhood Association, dated September 21, regarding the Alderson Street Condominiums. (3) Letter from Jeff Downhour, Southeast Bozeman Neighborhood Association, dated September 21, regarding the Board of Adjustment hearing on the appeal filed by SEBNA. (4) Letter from Jeff Downhour, Southeast Bozeman Neighborhood Association, dated September 21, regarding testing of the South Bozeman Avenue sewer line. (5) Letter from Jeff Downhour, Southeast Bozeman Neighborhood Association, dated September 22, appealing the removal of Frank Boschi from the Board of Adjustment I during the appeal hearing for the SEBNA. (6) Letter from Mary Ann Ard, 121 East Olive, regarding the Alderson Street Condominiums. (7) Letter from Carol Dietrich, dated September 23, regarding the Alderson Street Condominiums. (8) Letter from Montana People's Action, dated September 20, inviting the Commissioners to attend a legislative candidates forum, to be held in the Commission Room at 7:00 p.m. on Tuesday, September 27. (9) Invitation to attend a reception for Jack Mudd, Democratic candidate for U.S. Senate, at 5:00 p.m. on Friday, September 30. (10) Agenda for the Development Review Committee meeting to be held at 10:00 . a.m. on Tuesday, September 27, at the Carnegie Building. (11 ) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, September 27, at the Carnegie Building. ( 12) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, September 27, at the Courthouse. 09-26-94 ..---..-- - 12 - ( 13) The Acting City Manager submitted his weekly report, as follows. ( 1 ) Announced that the new telephone system will be installed and become operational at the Law and Justice Center during the early morning hours on Monday, October 24. He noted that the open house scheduled for 3:30 p.m. on Tuesday, October 11, will still be conducted, so they . can show the new facilities before operations begin there. (21 Announced that City crews are beginning to implement improvements at eleven of the intersections identified as having serious safety problems. (3) Announced that, through the efforts of James C. Taylor, the DARE program has received a $5,000 grant from the Ruth and Vernon Taylor Foundation. (4) Announced that another meeting with the Homebuilders has been set for 7:00 a.m. on Wednesday, September 28. He noted that Commissioner Stiff and Mayor Vincent are scheduled to attend that meeting. (14) Commissioner Stueck stated that he spent much of last week in the Seattle/Bellevue area, due to surgery on his wife's shoulder. (15) Commissioner Frost submitted the following. (1) Announced that he will be unable to attend the October 10 Commission meeting, due to plans he had made prior to I learning that City employees had exchanged the Columbus Day holiday for another holiday. (2) Attended the Homebuilders' meeting last week. (16) Commissioner Youngman submitted the following. (1) Attended the Homebuilders' meeting last week. (2) Attended the Library Board of Trustees meeting last week. ( 17) Commissioner Stiff stated that he spent most of last week out of town, but within the state. ( 18) Clerk of the Commission Sullivan submitted the following. (1) Announced that the other five sites in the new telephone system will be cut over on Wednesday, November 2. (2) Announced that she will be in San Francisco on Thursday through Sunday, to attend the Institute of Municipal Clerks' board of directors meeting. (3) Reviewed the agenda for next . week's meeting, which includes four public hearings. ( 19) Mayor Vincent submitted the following. (1) Spoke to the Noon Optimists Club regarding the general obligation bond issue. (2) Asked the Acting City Manager to check into the cut-off date for compost pick-up. He noted that, while grass clippings may have 09-26-94 -- .-----.--. -.---.-. .------- - 13 - tapered off, there will be a substantial amount of compost material when people clean out their flower beds and trim their shrubs over the next few weeks. (20) Mayor Vincent noted that he has observed what appears to be abuse of the visitors' tags in the neighborhood parking district as he has walked and bicycled along those . streets. Acting City Manager Brey stated that abuse of visitors' tags is being addressed. He then stated that seven or eight hot spots were noticed immediately after the neighborhood parking district was implemented. It appears that a few of those hot spots remain, even after a few weeks to allow patterns to set; and petitions for annexation into the district are anticipated. The Acting City Manager stated that if those petitions are received within the next few weeks, he will seek quick action by the Commission so that the annexations can be acted on and, if approved, the signs can be installed before bad weather. Consent Items Acting City Manager Brey presented to the Commission the following Consent Items. I Application for Liquor License - Valley View Golf Club. loc.. 302 East K~gv Boulevard - Calendar Year 1994 Authorize absence of Commissioner Stiff from meeting of October 17. 1994. in comDliance with Section 7-3-4322(2), M.C.A. Claims It was moved by Commissioner Stiff, seconded by Commissioner Stueck, 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 Stiff, Commissioner Stueck, Commissioner Frost, Commissioner Youngman and Mayor Vincent; those voting No, none. Adjournment - 5:13 D.m. . There being no further business to come before the Commission at this time, it was moved by Commissioner Stueck, seconded by Commissioner Frost, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none. 09-26-94 - 14 - =-~~ JO VINCENT, Mayor e ATTEST: ~C:/~ ROBIN L. SULLIVAN Clerk of the Commission I . 09-26-94