HomeMy WebLinkAbout1994-09-19 ccm
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MINUTES
OF THE MEETING OF THE CITY COMMISSION
BOZEMAN,
MONTANA
September
19, 1994
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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
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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
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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.
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(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
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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)
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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.
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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
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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
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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
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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.
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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
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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
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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.
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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.
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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
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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
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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
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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
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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
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