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HomeMy WebLinkAbout1994-09-19 ccm ....~,'"'" MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA September 19, 1994 ********************* ******** e The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, September 19, 1994, at 3:00 p.m. Present were Mayor Vincent, Commissioner Youngman, Commissioner Stiff, Commissioner Frost, Acting City Manager Brey, Staff Attorney Wordal and Clerk of the Commission Sullivan. Commissioner Stueck was absent in compliance with Section 7-3-4322(2) M.C.A. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes Mayor Vincent deferred action on the minutes of the regular meetings of August 1, . August B, August 15, August 22, August 29, September 6 and September 13 to a later date. Reauest for modification of conditions for aDDroval of Durston Meadows Subdivision - Ken Burnham Acting City Manager Brey noted that, included in the Commissioners' packets, was a letter from Kenneth C. Burnham, Burnham Properties Inc., dated September 8, requesting that the Commission consider modification of two conditions for approval of the Durston Meadows Subdivision. The Acting City Manager then submitted to the Commission a letter from Gaston Engineering, the applicant's representative, dated September 19, asking that this item be deferred until the October 10 Commission meeting. He stated the Commission has three e options: (1) deny the request for reconsideration; (2) reconsider the conditions of approval at this time; or (3) delay reconsideration as requested by the applicant's representative. Mr. Dennis Foreman, Gaston Engineering, stated the applicant was notified on Friday that this item was on the agenda. Since the applicant was unable to be present at this meeting 09-1 9-94 ~ 2 ~ on such short notice, he has requested that this agenda item be continued to October 10 so he can personally address the Commission. Mayor Vincent asked if any Commissioners disagree with delaying action on this item until October 10. e Responding to questions from Commissioner Youngman, Planning Director Epple stated that the applicant could narrow the width of the lots to maintain the 146 lots in the subdivision through a minor modification between preliminary plat approval and final plat approval without triggering any need for additional public review. Commissioner Stiff expressed concern that approving the applicant's request to delay action on reconsideration of the conditions for approval of the preliminary plat could be construed as being receptive to the requested modifications. He noted that on the issue of impact fees, the applicant is being treated like all other applicants; and he is uncertain about the issues raised around North 27th Avenue. Mayor Vincent stated concurrence, noting that acting affirmatively on the request to delay action is not indicative of a Commissioner's position on the request for modification. He I noted, rather, it reflects a willingness to accommodate the applicant. Mr. Foreman stated the applicant is only asking for an opportunity to address the Commission directly. He stated that Mr. Burnham recognizes that, even if he appears personally, he may not be able to change the Commission's position; but he is willing to assume that risk. Commissioner Youngman stated that, on that basis, she is willing to support a delay in consideration of this agenda item. It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the Commission delay reconsideration of conditions for approval of the Durston Meadows Subdivision to October 10, per the applicant's request. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Stiff, . Commissioner Frost and Mayor Vincent; those voting No, none. Discussion - settina of date for work session with the Plannina Board and Desian Review Board; authorizing staff to notifv boards and seek inDut on items for discussion Commissioner Youngman stated that this item had been placed on the agenda as a 09-19-94 . --..--.- - 3 - result of conversations with staff. She noted that conversations with a couple members from the City-County Planning Board and the Design Review Board reveal that they would like an opportunity to provide some input on the items to be discussed at a joint meeting with the City Commission. She then proposed that the Commission set the date for the joint meeting, in a e work session setting, and authorize staff to officially notify the members of those boards. She also proposed that the members be given an opportunity to forward any suggestions for topics of discussion, with that information being submitted to the Commission for consideration when setting the agenda for that meeting. Responding to Mayor Vincent, Clerk of the Commission Sullivan proposed that the joint meeting be set for 7:00 p.m. on Monday, October 24. She further proposed a deadline of Thursday, October 6, for receiving information from the advisory boards, for inclusion in the Commissioners' packets for the October 10 meeting. At the October 17 meeting, the Commission could then establish the agenda for the joint meeting on October 24. The Commissioners concurred in this proposed schedule. I Discussion - FYI Items Acting City Manager Brey presented to the Commission the following "For Your Information" items. (1 ) Information on the Gallatin Water Quality District, as prepared by the Gallatin County Health Department. The Acting City Manager stated this issue is to be placed on next week's agenda for discussion. (2) Memo from Acting Police Chief Larry Conner, dated September 12, inviting the Commissioners to attend an open house at 3:30 p.m. on Tuesday, October 11, at the Law and Justice Center. (3) Letter from residents in the South Bozeman Avenue area, dated September . 15, regarding the Commission's recent action on a development which includes six duplexes. (4) Copy of an article from the August 29, 1994 edition of Maclean's magazine entitled "Big Brother Patrol", regarding photo radar patrolling in the Toronto area. Commissioner Frost noted it is interesting that some people feel it their individual right to speed without being caught. 09-1 9-94 ....__......_ n..... u_..... . _..._ .. . - -... ...-.--... -.... .--...----- - - ..------.--- ----...-- -- ~ 4 - (5) Agenda for the Governmental Affairs Committee meeting to be held at 11 :30 a.m. on Friday, October 21, at the Elk's Club. (6) Letter from George and Helen Sikonia, 604 South 11 th Avenue, dated September 13, stating their appreciation for the neighborhood parking district and asking that e no changes be made. (7) Letter from Mrs. Kathy Pattee, Principal of Monforton School, dated September 13, encouraging the Commission to adopt an enforced curfew ordinance. (8) Notice that the County Commission will not conduct a public meeting on Tuesday, September 20. (9) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, September 20, at the Carnegie Building. (10) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, September 20, in the Commission Room. (11 ) Agenda for the Board of Adjustment meeting to be held at 1 :30 p.m. on Thursday, September 22, in the Commission Room. I (12) The Acting City Manager submitted his weekly report, as follows. (1 ) Announced that last week, the City received approximately $224,000 in delinquent assessments for three lots in Annie Subdivision. While this payment does not bring the assessments current, it does preclude a tax sale at this time. (2) Announced that, while the calendar shows that October 10 is a holiday, the City will conduct business as usual. As a result of negotiations with the various bargaining units, the Columbus Day holiday has been exchanged for the day after Thanksgiving. (13) Commissioner Frost noted an article in last week's newspaper regarding the state-wide water problems. He requested that, with the concerns about water which are surfacing, a discussion item be placed on an agenda in the near future regarding water usage and water storage. . ( 14) Commissioner Youngman submitted the following. (1) Attended the Beautification Advisory Board meeting held last week. (2) Attended the ad hoc television franchising committee meeting last week, at which they listened to a presentation from people in Billings who are familiar with the franchise and public access programs in that city. She noted that it was very beneficial to hear from those involved in the Billings program, which is 09-1 9-94 - 5 - substantially different from the Missoula program. (3) Announced that she and Commissioner Stueck attended a meeting with members of the Southwest Montana Building Industry Association and the Gallatin Development Corporation last week. She stated that she and Commissioner Frost will attend the meeting which is scheduled for this Wednesday. . (151 Commissioner Stiff stated he has talked with various individuals about affordable housing and impact fees this past week. He characterized these as tough issues about which people are vitally concerned. (16) Staff Attorney Wordal submitted the following. (1) Attended a domestic violence seminar in Missoula last week. (2) Stated she is looking forward to moving to the new courtroom at the Law and Justice Center, noting that criminal court has been very busy. (17) Clerk of the Commission Sullivan submitted the following. (1) Reviewed the agenda for next week's meeting, which involves an afternoon session only. (2) Announced that the auditors are currently conducting their field work and have requested that an entrance conference be set. ( 18) Mayor Vincent submitted the following. (1) Noted the article in Sunday's I edition of the Bozeman Daily Chronicle regarding the proposed $5 million bond issue for transportation projects. He stated the map of the city, showing the locations of the various projects, was extremely beneficial. (2) Reminded the Commissioners that they are to turn in lists of those organizations to which they could make presentations regarding the bond issue for transportation projects to the Clerk of the Commission as soon as possible. (3) Noted that the polls reflect a strong support for the tax initiatives which are on the November ballot. He noted that CA28, which provides for property taxes to be assessed on the original value of the home, seems to be assured of passage. He then proposed that information be gathered on how much impact that will have on the City of Bozeman, based on 1987 values, noting it will be substantial. . Consent Items Acting City Manager Brey presented to the Commission the following Consent Items. Deviation from Table 18.65.050.C. - to allow a 3-foot-hiah monument sian at the southeast entrance to the building (a third freestanding sign) at First Security Bank. 208 East Main Street; cer DRB recommendations (Z-94113) 09-19-94 n____. ____ _.__. __._ '''''_...~_..... - 6 - Deviation from Section 18.16.050 to allow new double-care garage to encroach 5 feet into required 8-foot side yard setback and 23 feet into required 25-feet front yard setback along South Fourth Avenue - Bradley and Virginia Stratton. 915 South Third Avenue: Der DRB recommendations (Z-94112) ADDrove submittal of City Manaaer Wysocki's nomination to serve on the Montana MuniciDal Insurance Authority Board of directors e Authorize Acting City Manaaer to sign - Professional Services Aareement for 1993/1994 Sidewalk Proaram - Morrison-Maierle/CSSA It was moved by Commissioner Stiff, seconded by Commissioner Frost, 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 Frost, Commissioner Youngman 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 16, forwarding a checklist of issues associated with . the recommendations forwarded by the Housing Task Force. Planning Director Epple introduced the newest planner, Mr. Dale Beland, to the Commission. He stated that Mr. Beland is a certified planner and a member of the American Institute of Architects. His degree in architecture is from MSU; and he has 25 years of experience, both in the public and private sectors, in the areas of planning and architecture. He is currently involved in developing a scope for the critical lands strategic plan. Also, because of his experience and background, he has a strong interest in affordable housing issues and is attending this work session because of that interest. At Mayor Vincent's request, the Commissioners reviewed the 23 recommendations forwarded by the Housing Task Force before moving to the items contained in the . Neighborhood Coordinator's memo. Commissioner Youngman stated that she discussed these recommendations with Commissioner Stueck prior to his leaving town last week. She indicated her intent to forward his comments throughout this discussion, noting that he stated his agreement with the first seventeen recommendations. 09-1 9-94 - 7 - 1. Develop educational materials for the general public regarding the planning, zoning and engineering requirements. The Commissioners concurred. 2. Develop educational materials for the builder/developercommunity regarding City policies and procedures. . The Commissioners concurred. 3. Promote general housing practices for low and moderate income housing, particularly for mobile and modular housing. Commissioner Youngman stated that, while she supports this item in principle, she feels there need to be some wording changes. 4. Revise the planning and approval process with an eye toward streamlining the overall process and provide additional opportunities for in-house review by city staff. Mayor Vincent stated this recommendations generally sounds good; however, he feels it needs some additional discussion. He then noted that, while streamlining of the zoning process sounds good, care must be taken to ensure that legitimate concerns about public input are addressed. Commissioner Stiff stated his concurrence. I 5. Revise zone code requirements related to development density. Commissioner Frost stated this item needs discussion. Commissioner Stiff stated this recommendation could affect a variety of issues in the community. 6. Revise development standards required by City staff of projects, maintaining overall health, safety and welfare and minimize housing construction costs. Commissioner Frost stated that, while he supports this recommendation in principle, it needs refinement. 7. Review "optimum value engineering" standards and identify and promote acceptable changes in building practices, maintaining consistency with Uniform Building Code. . Commissioner Stiff stated that conversations with some of those in the industry reveal that the engineering standards which have been approved by HUD are generally being used; and that this recommendation will probably not produce a sizeable savings in housing costs. 8. Revise requirements and promote regulations and zoning requirements that encourage the development of mobile home 09-19-94 - 8 - parks and modular home developments. Commissioner Frost stated the principle is good, but it needs refinement. Mayor Vincent stated his concurrence. He noted that the term "mobile home park" generally conjures up a certain image in the public mind and, if this is to be done, steps must . be taken to ensure the success of the new mobile home park. 9. Establish a Housing Trust Fund to address the housing concerns of low and moderate income citizens in the community. The Commission concurred. 10. Budget $100,000 from the City's general fund to fund the activities of a Housing Trust Fund for the next three years. Commissioner Stiff stated he has no problem with taking $100,000 from the General Fund reserves to establish a housing fund in this fiscal year's budget; however, he expressed concern about the idea of making the same commitment at this time for each of the next two years. Mayor Vincent cautioned that, depending on the results of the November 8 election, which includes three ballot issues pertaining to property taxes, budgeting in the next few years I could become difficult. Commissioner Stiff stated his concurrence with Mayor Vincent's comments. 11. Evaluate the effectiveness of the trust at the end of three years. If the housing crisis is still occurring and the trust is fulfilling a valid need in the community, continue funding the trust to meet the low and moderate income housing needs of the community. Commissioner Frost stated his concurrence. Commissioner Stiff stated that evaluation of the trust should be on-going, not just at the end of three years. Commissioner Youngman stated support for an annual evaluation of the program. 12. Encourage the County Commission to establish a County-wide Trust to address affordable housing needs throughout Gallatin County. . Commissioner Frost stated his concurrence. Commissioner Stiff stated that, while he concurs, he recognizes that the bulk of people needing affordable housing reside within the city limits. Commissioner Youngman suggested that this be expanded to encourage the County to establish a housing policy, and an affordable housing definition, which are similar to those 09-19-94 - 9 - adopted by the City. 13. Encourage the State-wide Housing Study Group to establish the necessary legislative measures to allow for a state-wide housing trust to be developed. Mayor Vincent stated he is not opposed to this recommendation; however, he e suggested that a legislative change might be a better way to accomplish the desired result. He noted that if the process for having local governments apply to a State agency for funds from a trust can be made easier, with a fast distribution of monies, then steps should be taken to implement that process. He cited the highway safety funds as an example of a process to be avoided if possible. 14. Utilize the Housing Revolving Loan Committee to oversee the Housing Trust Fund. This committee would review applications for money from the Housing Trust Fund and make recommendations to the City Commission based on the amount of money available and the defined uses of the Housing Trust Fund money. The Commissioners concurred that the principle is acceptable; however, they agreed that it may require some modification. 15. Adopt the list of acceptable uses of money from the Housing I Trust Fund. These uses would be reviewed annually and updated as community needs change. The Commissioners concurred. 16. Establish an application process, evaluation criteria for ranking applications, a review process for applications, and a hearing process to award Housing Trust funds. Responding to Mayor Vincent, Neighborhood Coordinator Goehrung stated under this recommendation, a process similar to the process utilized for considering applications for use of monies from the CDBG Revolving Loan Fund would be established. The Commissioners concurred with this recommendation. 17. Establish a revolving loan fund for the Housing Trust and the necessary accounting measures to assure repayment. The Commissioners concurred. e 18. Developers of ten or more residential units are required to set aside or dedicate 15% of the units to low and moderate income families. Commissioner Frost stated that, while he supports this proposal, he feels it requires discussion. Commissioner Youngman stated that Commissioner Stueck has indicated his position 09-19-94 .--.. ---.--..-- - --- --- --.- ----.---- --. ---.. - 10- is "no". She then noted her interest in discussing this recommendation as a "sunrise" provision. She suggested that if the Commission decides on a compromise position, such as her proposal for mixed neighborhoods, this type of requirement may not be necessary. She suggested, however, that if volunteer alternatives for encouraging the development of e affordable housing do not generate affordable units within twelve to eighteen months, then this type of requirement could be implemented. She stated it is her preference to consider this as a fallback position rather than one to be considered immediately. Commissioner Frost stated his concurrence, noting he feels that this item needs further discussion. Commissioner Stiff stated he is not prepared to move forward with this recommendation at this time. He noted his preference for giving the law of supply and demand an opportunity to work. He stated the developers feel they should only be required to contribute a certain amount to providing affordable housing in the community; and it seems that inclusionary zoning may exceed that level of contribution. Mayor Vincent stated a willingness to talk about this recommendation; however, he I stated that he feels there are alternatives which should be considered first. He then stated an interest in pursuing Commissioner Youngman's compromise position. He recognized that a substantial amount of building is occurring in Bozeman. He Questioned, however, whether people who need affordable housing can afford to move into those homes or the homes that are vacated by those moving up. He further questioned how many people can afford to move up into a house that costs $30,000 more than their current house. He concluded that, if the desire is to make a dent in the need for affordable housing, then affordable housing should be built rather than average and above average housing. Commissioner Stiff stated the perception is that people typically purchase as much house as they can afford; however, he questioned whether that is what actually occurs. He then suggested that the Commission ask the Planning staff to forward a proposal under which e the law of supply and demand would encourage contractors to build smaller homes. 19. The affordable units would be comparable to other units in the development. Commissioner Youngman forwarded Commissioner Stueck's "no" on this recommendation. 09-19-94 -- .._._~---"-- - 11 - Commissioner Stiff stated he feels that this recommendation makes inclusionary zoning a real problem. He stated this will result in increased costs for the other units within the development, thus reducing the cost effectiveness of the entire project. Commissioner Frost stated that, while he supports the concept, he feels additional e discussion is needed. He then stated that this is one manner in which the building industry can contribute toward addressing the affordable housing issue. He noted that many of the homes which have been built in the past few years would have fit into the older historic districts, largely because of the porches and the steepness of the rooflines. Commissioner Youngman stated that it is not necessary for the affordable units within a project to be identical to all of the other structures. She suggested, instead, that an harmoniously blended neighborhood would be preferable and could help to keep the costs of the affordable units down. Mayor Vincent stated that discussions with a developer from Simi City, California, revealed that a 20-percent set aside for affordable housing is required in that community. He also noted that those homes usually look the same as the other homes within the development, I just on a smaller scale. 20. Ten percent of the units must be accessible under ADA standards. Responding to Commissioner Stiff, Acting City Manager Brey stated that under ADA regulations, a certain number of units in a multi-family housing project are to be accessible; and those standards are accelerated if public funds are used in that project. He noted, however, that in a subdivision where the lots are to be purchased by individuals, he is not aware of any requirements for accessibility. Responding to Mayor Vincent, Neighborhood Coordinator Goehrung stated that the Task Force discussed the possibility that someone with an impairment may seek housing in a low and moderate income project. He stated it was their intent that, rather than making the unit entirely accessible, it may be possible to accommodate that individual's specific needs at tit a reduced expense. Commissioner Stiff emphasized the importance of structurally addressing accessibility standards, even though not all of these accommodations may be required in the finish work. He cautioned that, while his 100-year-old home was constructed in such a manner that 09-1 9-94 - 12 - modifications could be accomplished without compromising its structural integrity; however, that is not true of today's homes. Commissioner Frost suggested that if government monies are utilized in a single-family housing project, he feels that the City could require that certain accessibility requirements be emet. Commissioner Stiff stated that, while the Commission cannot really impact single- family residential development, he feels that accessibility in multi-family residential projects could be addressed. Commissioner Youngman stated an interest in discussing this item in conjunction with single-family development. She suggested that if a mixed neighborhood development were considered, items to be required could include ensuring that a certain number of the units are accessible, that some minimum sized lots be provided and that certain house sizes be provided. Mayor Vincent stated he feels that ensuring accessibility in some single-family residences is important and warrants further discussion. 21. Affordable units can be spread throughout or clustered within a I agreed. development. Mayor Vincent stated this item needs further discussion; and the other Commissioners One concern raised was that steps be take to ensure that clustering of all the affordable units in one corner of the project or in one building not be allowed. 22. Developers that agree to set aside more than the required minimum 15% will receive additional incentives. The Commissioners stated basic agreement with the concept, noting that additional discussion is needed. Neighborhood Coordinator Goehrung noted that some incentives from local government are typically sought, often in the form of tax breaks, extension of utilities, or through sale of industrial development revenue bonds. 23. Allow for off-site construction of affordable units and the ability e to pay in lieu of construction. Commissioner Frost stated that if a payment-in-lieu is accepted, care must be taken to ensure that the payment is fair, and not like the cash-in-lieu of parkland dedication. He noted that while he feels this recommendation is good in principle, it needs additional 09-1 9-94 ----.-...-.----.-- __..._m__ - 13 - discussion, including the possibility of setting aside a certain area in which developers could construct low or moderate income housing. Commissioner Youngman forwarded her proposal for a mixed neighborhood as an alternative to this recommendation. e Commissioner Stiff stated he needs additional input and time to consider the concept of inclusionary zoning. He then asked about the status of impact fees and how those will affect builders, particularly when combined with some of these recommendations. He stated that builders are currently making 5 to 6 percent on the homes they construct; and care must be taken to ensure that demands do not become too great for those builders. The Commission turned its attention to the checklist which Neighborhood Coordinatorl Grantsperson James Goehrung had prepared for Commission consideration. The first item to be reviewed was the mission statement, which reads: To provide safe, decent, affordable housing in the jurisdictional area of Bozeman using resources from local, state and federal government, in partnership with the non-profit and private sectors of the community. The Commissioners concurred with this statement in principle, recognizing that some . changes may be needed in the wording. The Commissioners then reviewed each of the statements contained under the headings of "program guidelines", "educational materials to be developed", "list of acceptable uses for community housing fund (in priority order)", "development concessions", and "further staff direction". During review of the seven statements under "program guidelines", the Commissioners stated general agreement with the statements, recognizing a need for additional discussion on some of them. Commissioner Frost noted the importance of ensuring that life safety issues are carefully considered and not compromised in any way. He then noted that the quality of life in an affordable housing project must also be considered, noting the typical public housing projects in major cities as an example of what to avoid. He then stated that . sidewalks on both sides of the street are imperative, to ensure life safety. Commissioner Stiff reminded the Commissioners of their legal mandate to ensure the health, safety and general welfare of the community and its residents. He cautioned that that provision must be applied to this discussion. 09-1 9-94 - 14 - Commissioner Stiff also noted the importance of ensuring that granting of concessions to ensure affordability does not just result in a larger profit margin for the developer, but that they truly lead toward affordability within the project. He also noted the importance of devising a mechanism to ensure that affordability is in perpetuity, rather than simply providing a large e profit to the first purchaser of the property. During review of the ten statements under "educational materials to be developed", the Commissioners noted their general concurrence. After discussing the eight uses listed under "list of acceptable uses for community housing fund {in priority order)", the Commission concurred with the list as submitted. They recognized that, with the monies available in that fund, it may be possible to only accommodate the first two or three listed; however, the Neighborhood Coordinator/Grantsperson suggested that by leaving all of them on the list, the City could possibly qualify for some grant monies to complete some of the other items, such as acquisition of land. Under "development concessions", the Commissioners discussed each of the seven statements, several of them at length, stating general agreement. Responding to questions I from the Commissioners, Planning Director Epple stated that combining of some steps in the various planning and zoning processes could shorten the review time by four to six weeks. He cautioned the Commission that when comparing Bozeman's review procedures with those from other communities around the state and the country, Bozeman's processes are already very streamlined. He stated that what takes twelve to sixteen weeks here can easily take over a year in other communities. He further emphasized the importance of ensuring that opportunities for public input are not diminished by any streamlining efforts. Commissioner Frost stated he does not view reduced street width as an issue to be considered in affordable projects only; the other Commissioners agreed. Commissioner Frost then stated he wants staff to respond to the proposal for curvilinear sanitary sewer lines; the other Commissioners agreed. . Acting City Manager Brey cautioned the Commission that care must be taken when considering reduced street widths, reduced off-street parking requirements and reduced setbacks, particularly if all of them are proposed in one project. He noted that this could result in congestion that is undesirable and unsafe. 09-19-94 - - ---.------.- - 15 - The Commissioners stated their disagreement with allowing sidewalk on one side of the street only. Commissioner Youngman suggested, however, that she could support a narrower sidewalk width in an effort to reduce costs. She then proposed that this item be changed to read "narrower sidewalks"; tht: Commission concurred. e Responding to questions from the Commission, Neighborhood Coordinator Goehrung stated the only way he knows to ensure long-term affordability is through deed restrictions. The Commissioners turned their attention to the statements contained under "further staff direction", stating agreement with all five of the statements. Commissioner Youngman suggested that if the Commissioners have any additional ideas, they forward them to the Neighborhood Coordinator. Recess - 5:28 c.m. Mayor Vincent declared a recess at 5:28 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings. I Reconvene -7:00 D.m. Mayor Vincent reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Public hearina - Commission Resolution No. 3009 - levving and assessina lighting district assessments for Fiscal Year 1995 This was the time and place set for the public hearing on Commission Resolution No. 3009, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3009 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING MAINTENANCE AND ELECTRICAL CURRENT COSTS FOR SPECIAL IMPROVEMENT LIGHTING MAINTENANCE DISTRICTS OF THE CITY OF BOZEMAN, PURSUANT TO THE PROVISIONS . OF SECTIONS 7-12-4328 THROUGH 7-12-4330 AND 7-12-4332 THROUGH 7-12-4333, M.C.A. Mayor Vincent opened the public hearing. Acting City Manager Brey stated that this public hearing and the following two public hearings are on specific assessments which are to be included on the November billings. He stated that before assessments may be levied, the Commission must conduct a public hearing 09-1 9-94 - 16 - and adopt an assessment resolution. He characterized this as a routine procedure which occurs on an annual basis. The Acting City Manager noted that this public hearing is on the assessments for the various lighting districts which have been created in the city. These assessments are based e on the actual electrical charges which the City has paid over the past fiscal year, and are spread in accordance with the resolution which created the district. No one was present to speak in support of or in opposition to the resolution. Since there were no Commissioner objections, Mayor Vincent closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission finally adopt Commission Resolution No. 3009, levying and assessing light district assessments for Fiscal Year 1995. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none. I Public hearing - Commission Resolution No. 3010 - levvina and assessinQ delinquent sewer charges for Fiscal Year 1994 This was the time and place set for the public hearing on Commission Resolution No. 3010, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3010 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO COLLECT DELINQUENT SEWER CHARGES PLUS COSTS AND EXPENSES INCURRED BY THE CITY OF BOZEMAN, AS PROVIDED FOR IN SECTION 7-12-4309, MONTANA CODE ANNOTATED. Mayor Vincent opened the public hearing. No one was present to speak in support of or in opposition to the resolution. e hearing. Since there were no Commissioner objections, Mayor Vincent closed the public It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the Commission finally adopt Commission Resolution No. 3010, levying and assessing delinquent sewer charges for Fiscal Year 1994. The motion carried by the following Aye and No vote: 09-19-94 -- ---.--.-----.--- - 17 - those voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner Frost and Mayor Vincent; those voting No, none. Public hearina - Commission Resolution No. 3011- levvjna and assessing delinauent snow removal charges for Fiscal Year 1994 e This was the time and place set for the public hearing on Commission Resolution No. 3011, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3011 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO DEFRAY THE COST AND EXPENSE FOR REMOVAL OF SNOW AND ICE FROM SIDEWALKS IN THE CITY OF BOZEMAN UNDER THE PROVISIONS OF CHAPTER 12.24 OF THE CITY OF BOZEMAN MUNICIPAL CODE. Mayor Vincent opened the public hearing. No one was present to speak in support of or in opposition to the resolution. Since there were no Commissioner objections, Mayor Vincent closed the public I hearing. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission finally adopt Commission Resolution No. 3011, levying and assessing delinquent snow removal charges for Fiscal Year 1994. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Vincent; those voting No, none. Public hearina - Bridaer Creek DeveloDment Guidelines - architectural and landscaDe auidelines for Bridger Creek Subdivision. Phase I - a 68.93-acre mixed-used subdivision PUD located northwest of the intersection of Bridaer Drive and Story Mill Road This was the time and place set for the public hearing on the architectural and landscape guidelines for Bridger Creek Subdivision, Phase I, a 68.93-acre mixed-use subdivision e planned unit development requested by Golf Course Partners under Application No. P-9233. The subject subdivision is located northwest of the intersection of Bridger Drive and Story Mill Road. Mayor Vincent opened the public hearing. 09-19-94 - 18 - Senior Planner Dave Skelton presented the staff report. He stated that these architectural and landscape guidelines for the Bridger Creek Subdivision, Phase I, have been submitted to the Commission for action as a result of Condition No. 17 for approval of the preliminary plat, which occurred in December 1992. He stated this condition was requested e by the Planning staff, to ensure that the guidelines were completed to the Commission's satisfaction. The Senior Planner reminded the Commission that Phase I is designed to include single-family and multi-family residential development as well as neighborhood commercial and some light industrial development. The original application, which was subject to review under the interim zone code, was processed as a subdivision planned unit development because the developer had requested that streets less than the typical City street standard be allowed. As a result of the reviews and public hearings held before the various boards and the recommendations forwarded, the City Commission approved the subdivision with the requirement that City standard streets be installed, thus negating the planned unit development portion of the application. I The Senior Planner stated that the architectural and landscape guidelines have now been completed and have been submitted for review and approval. The purpose of these guidelines is to ensure the compatibility of the mixed land uses, and to ensure that those mixed uses are adequately buffered from each other and from the surrounding area. He then cautioned the Commission that, since the subdivision has already been approved, subject to 26 conditions, the purpose of this hearing is to consider the architectural and landscape guidelines only and to determine whether Condition No. 17 for approval has been adequately addressed. Senior Planner Skelton entered into the record a letter to the Commission from Mr. Chris Boyd, Executive Director of the Gallatin Valley land Trust, dated September 19. He then stated that one of the conditions for approval of Phase I of this subdivision requires that the . applicant provide an improved pedestrian trail essentially from the intersection of Story Mill Road and Bridger Drive to the East Gallatin Recreation Area. As Phase II and III are developed, he will be required to extend the trail through those phases as well, particularly since this is an important segment of the trail system which has been identified and master planned for 09-1 9-94 - - - 19 - Bozeman and the surrounding area. He noted that the trail, which is located within a 20-foot- wide easement, is to be a public trail and is to be improved with a gravel surface. The Senior Planner stated that, even though this property does not lie within an entryway overlay district, the developer has agreed to have the plans for development of each e individual multi-family lot and each commercial and industrial lot forwarded to the Design Review Board for review against the design objective plans to ensure compatibility. Senior Planner Skelton stated that the City-County Planning Board conducted its public hearing on the third draft of the architectural and landscape guidelines at its regular meeting of September 7. Following that public hearing, they voted unanimously to recommend approval of the guidelines and a determination that the guidelines meet Condition No. 17, with the stipulation that the following language be added: "That the section of the design guidelines which discusses the review procedures for City approval (page 14) include language which confirms that each individual multi-family, commercial, industrial and/or light manufacturing project will be reviewed and approved by the Design Review Board during the appropriate site plan review procedures by the City of Bozeman. " Responding to Commissioner Frost, the Senior Planner stated that building permits I for single-family structures can be obtained after that review process is completed. All other types of development within the subdivision must first go through Design Review Board review prior to issuance of a building permit. Responding to Commissioner Frost, the Senior Planner stated he feels the flow chart in the guidelines is adequate. He noted that, even though it may not specifically reflect the City's review process, it does alert those considering development within this subdivision to the fact that some additional review processes are required. Responding to additional questions from Commissioner Frost, the Senior Planner stated that the developer will be required to complete improvements to the trail for each phase prior to development within that phase. e Senior Planner Skelton stated that no written or oral public testimony has been received by the Planning Office. No one was present to speak in opposition to the architectural and landscape guidelines. Since there were no Commissioners objections, Mayor Vincent closed the public hearing. 09-1 9-94 . --- .-.----------.-..--..----.---...-. - 21 - Commissioner Frost expressed concern that the lighting fixture detail in the plans does not meet zone code requirements because the luminaire protrudes below the shield. He then asked that a condition be added which requires that the luminaire not extend below the shield and that no glare reach the public right-of-way. e Mr. Van Bryan, Apogee Architects, representing the applicant, stated he has no problem with any of the recommended conditions, including the one just forwarded by Commissioner Frost. No one was present to speak in opposition to the requested conditional use permit. Since there were no Commissioners objections, Mayor Vincent closed the public hearing. There were no Commissioner objections to waiving the customary one-week waiting period for land use decisions, so the Commission proceeded to the motion and vote. It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the Commission approve the Conditional Use Permit requested by Mark Bonamarte, under Application No. Z-9492, to allow construction of an automated car wash on Lot A 1, Main Mall I Annexation subject to following conditions: 1. In accordance with Design Objectives Plan guidelines A.1 and A.2 (West Main Street Corridor), frontage landscaping shall be strongly emphasized through the use of additional trees, shrubs and ground cover. Street trees must be provided along West Main Street on thirty-five (35) foot centers; 2. The applicant shall provide additional landscaping along the west elevation of the proposed structure, including the use of coniferous trees for year round interest; 3. The final site plan shall show the locations of all fire hydrants servicing the proposed development. As currently proposed, there are no hydrants shown; 4. The final site plan shall show a secondary access point from the parking lot remote from the entrance as discussed. This secondary access is for emergency vehicle travel in the event the parking lot or driveway is obstructed; e 5. Show the size of the water and sewer lines being proposed; 6. Relocate trees shown over the top of water and sewer service lines; 7. Provide detail of room where water service enters building showing adequate space for water meter and backflow prevention assembly; 09-1 9-94 - 22 - 8. Proposed water and sewer mains and easements must be shown accurately on the final site plan; 9. Water and sanitary sewer mains must be installed, tested, and finally accepted by the City of Bozeman prior to the issuance of building permits for this project; 10. Applications for water and sewer service must be completed by e the applicant at the City Engineering office prior to the installation of service lines; 11. All water and sewer mains, service lines, and easements must be shown on the final landscape plan; 12. Revised plans which incorporate the conditions of this approval shall be submitted to the Planning Office and approved prior to the issuance of building permits; 13. The revised site plan shall indicate the location of all utilities including water, sewer and gas service; 14. All detergents used in the car wash operation shall be biodegradable; 15. Lighting fixtures must incorporate cut-off shields to direct light downward, with no glare being allowed to reach the public right- of-way. Luminaires shall not be visible from adjacent streets or properties; I 16. In accordance with Section 18.50.100(D.i) of the zoning ordinance, permanent irrigation shall be provided to all landscape areas; 17. Bicycle racks shall be provided for employees of the facility; 18. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure; 19. That 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; 20. That all conditions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, his successors or assigns; 21. That all of the special conditions shall be consented to in writing by the applicant; 22. Seven (7) copies of the final site plan containing all of the e conditions, corrections and modifications approved by the City Commission shall be submitted for review and approval by the Planning Director within six (6) months of the date of City Commission approval; 23. A building permit must be obtained prior to the work, and must be obtained within one (1) year of final site plan approval. A building permit will not be issued until the final site plan is approved. Site preparation work such as excavation for foundations and the preparation of forms may be undertaken; however, no concrete 09-1 9-94 - 23 - shall be poured and no further construction shall commence until final plan approval and a building permit are obtained; 24. If occupancy of the structure is to occur prior to the installation of all 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 e period of not less than twelve (12) months; however, all on-site improvements shall be completed by the applicant within nine (9) months of occupancy to avoid default on the method of security; and 25. Within sixty (60) days of final completion of all site work, the applicant's licensed architect or engineer overseeing the project shall certify to the City-County Planning Department that all improvements have been completed in accordance with the approved final site plan. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner Frost and Mayor Vincent; those voting No, none. Adjournment - 7:30 D.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 Vincent; those voting No, none. J ATTEST: {JL 2~ - ROBIN L. SULLIVAN Clerk of the Commission 09-19-94 - --------