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MINUTES OF THE MEETING OF THE CITV COMMISSION
BOZEMAN, MONTANA
February 14, 1994
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. The Commission of the City of Bozeman met in regular session in the Commissi
Room, Municipal Building, February 14, 1994, at 3:30 p.m. Present were Mayor Vincel
Commissioner Youngman, Commissioner Stueck, Commissioner Frost, City Manager Wysoe
City Attorney Luwe and Clerk of the Commission Sullivan. Commissioner Stiff was absent
compliance with Section 7-3-4322(2), M.C.A.
The meeting was opened with the Pledge of Allegiance and a moment of silence
Mayor Vincent requested that the recommendation forwarded by the Cemetery Bm
be removed for discussion.
Minutes - February 7. 1994
It was moved by Commissioner Youngman, seconded by Commissioner Stueck, n
. the minutes of the regular meeting of February 7, 1994, be approved as amended. The moti
carried by the following Aye and No vote: those voting Aye being Commissioner Youngmc
Commissioner Stueck, Commissioner Frost and Mayor Vincent; those voting No, none.
Presentation of AM Pedestrian Safety Award - Shannon Wardinsky
Ms. Shannon Wardinsky, from the local AAA office, presented to Mayor Vincen
Chief of Police Boyer the Award of Excellence issued by the American Automobile Assoc
under its Pedestrian Protection Program for "outstanding achievement in pedestrian ac
record and program activities" for 1992. She then read the news release from the AAt
in Helena which acco~panies this award.
Ms. Wardinsky noted that this is the twelfth time that Bozeman has rec-
. award from AAA for the effectiveness of its program to protect pedestrians. She n
Bozeman's enforcement efforts and public education and information programs are
in ensuring pedestrian safety. She noted that the AAA program began in 1939, ii
to a pedestrian fatality rate of 12,400. She noted that in 1992, that number droppe
which is the lowest since 1975.
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Ms. Wardinsky congratulated the City on its receipt of this award, which recognizes
the City's effective and comprehensive pedestrian protection program and the tangible benefits
it provides.
Mayor Vincent thanked Ms. Wardinsky for the award. He then thanked Chief of
. Police Boyer for the efforts his department has taken to receive this award.
Commission discussion - reauest for modification of Conditional Use Permit for "The Pines"
Planned Unit Development - Doug Rand representing Boz, Inc. - allow construction of two 12-
unit apartment buildings on 1.94-acre unolatted portion of NW%. SW%. Section 12. T2S. R5E.
MPM (115 South 11th Ave) (Z-93125)
City Manager Wysocki noted that included in the Commissioner's packets was a letter
from Mr. Doug Rand, dated February 8, along with a letter dated January 14. He noted that
Mr. Rand is requesting a modification of the Conditional Use Permit for "The Pines" Planned
Unit Development. He reminded the Commission that this project is to include two 12-unit
apartment buildings on the vacant lot at 115 South 11th Avenue. He further reminded the
Commission that at the meeting held on November 15, the application was approved, subject
to 37 conditions, one of which states:
. 29. That the additional units secured through use of the density bonus
(Le., four units) shall be maintained as "affordable" as per the U.S.
Department of Housing and Urban Development's definition, in accordance
with the Residential PUD criteria (form 2 in Ordinance No. 1359) in Section
18.54.100.E. of the zoning ordinance. To ensure perpetual affordability,
the rental of these units shall be monitored by the Human Resource
Development Council (HRDC) . Documentation which demonstrates
perpetual offordability shall be submitted to the Planning Office;
The City Manager stated that his initial reaction to this request was that the
Commission could make a determination on whether to modify its original decision. He noted,
however, that conversations with the City Attorney have revealed that since the applicant is
also seeking authorization to convert the old house on the site to another housing unit rather
than a community room as originally approved, this request must go back through at least a
portion of the process, if not the full review process.
. The City Manager then stated the applicant has three choices at this time: ( 1) go
ahead with the planned unit development as approved; (2) construct twenty units, which is
allowed without a density bonus; or (3) go back through the process in an attempt to change
the plan and the conditions.
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Responding to Commissioner Stueck, the City Manager reviewed the original Planned
Unit Development proposal, which was to allow the construction of 24 apartment units in two
buildings, utilizing a density bonus for four of those units. He stated that during that review
process, the Commission determined it appropriate to require that the units resulting from the
. density bonus be made affordable. He noted that the letter from the applicant's representative
suggests that the applicant not only wishes to trim some of the extras from the four affordable
units, but wishes to retain control of the rents for those units instead of following the
prescribed program.
Responding to Commissioner Youngman, the City Manager stated it might have been
possible for the Commission to adjust how the affordability of the additional four units would
be determined; however, the addition of another dwelling unit is substantial enough to send the
application back through at least a portion of the process.
Mr. Doug Rand, representing the applicant, stated it is their intent to build twenty of
the apartment units as originally proposed. He noted the last four units are to be simplified,
and to be constructed on the same footprint but without the third bedroom, second bathroom,
. and garage and possibly without the dishwasher. He stated that, given today's construction
costs, even without these items, the units will cost more than the $389 monthly rent would
cover. He stated the applicant does not feel the remaining twenty units should cover a portion
of the costs of the four affordable units; rather, he proposes to rent the four "affordable" units
on a cost plus basis. He stated that once the units are constructed, the rent for those four
units could be set; and they would increase only when costs, such as insurance and taxes,
increase.
Responding tp Mayor Vincent, City Attorney Luwe stated that the Commission has
acted on the preliminary plan for this development. He noted that if the applicant were not
asking to increase the density, the final plan could be submitted to the Planning staff, with the
desired changes; and the staff could probably accommodate those changes through reviews
. by the DRC and the DRB. He noted, however, that an increase in density could trigger the
entire review process.
City Manager Wysocki cautioned the Commission that the City does not have a
process in place for addressing a "cost plus" basis for establishing rent on affordable rental
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units. He further cautioned that if the Commission approves this request, similar requests could
follow on future projects.
Responding to Commissioner Frost, the City Attorney stated that the proposed change
in establishing the rent for the affordable units would probably need to come before the
. Commission for consideration, since it does not meet the conditions of approval.
The City Manager stated that if the Commission wishes, it can modify that condition
without going through the entire public hearing process because the hearing did not revolve
around how rents would be charged.
City Attorney Luwe requested time to review some of the questions and issues which
have been raised during this discussion, prior to the Commission making a decision.
Mr. Rand noted that the condition pertaining to affordable units was added at the
Commission level, so he had assumed the Commission would be able to modify it. He then
suggested that the City's housing task force could possibly deal with this request.
It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the
Commission table action on this agenda item for a period of one week to allow the City
. Attorney an opportunity to research the questions raised during this discussion. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Stueck,
Commissioner Frost, Commissioner Youngman and Mayor Vincent; those voting No, none.
Acknowledae receiDt of recommendation from Cemetery Board. dated February 3. 1994. re sale
of cemetery land to Bozeman Deaconess HosDital
Mayor Vincent stated he had requested this item be removed from the Consent Items
because Mr. Carroll Henderson, Chair of the Cemetery Board, has requested an opportunity to
address the Commission regarding the Board's recommendation.
Mr. Carroll Henderson stated that the Cemetery Board has considered the hospital
administrator's request to purchase approximately 11 Y:z acres of cemetery land. He noted that
. no reason was given by the administrator for this request. He further noted that the hospital
has been successfully relocated; and two phases of construction of doctors' offices have been
completed. He suggested that the hospital may be considering even further construction of
office buildings, which might require more land than they have available.
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Mr. Henderson stated the Board determined that it would not be in the City's best
interests to sell any of the cemetery land, which would only shorten the life of the current
cemetery. He noted that to acquire land elsewhere would result in a duplication of costs; and
the Board has determined it would even be preferable to acquire more adjacent land if possible.
. He cautioned that no monies have been set aside to date for the acquisition of additional land;
and that is an issue that should possibly be addressed.
Mr. Henderson stated that the Board would also like to leave open the option for a
possible land trade between the City and the Hospital, which could result in a win-win situation
for both entities.
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that
the Commission acknowledge receipt of the recommendation from the Cemetery Board, dated
February 3, regarding the possible sale of cemetery land to the Bozeman Deaconess Hospital.
The motion carried by,the following Aye and No vote: those voting Aye being Commissioner
Frost, Commissioner Youngman, Commissioner Stueck and Mayor Vincent; those voting No,
none.
. Discussion - FYI Items
City Manager Wysocki presented to the Commission the following "For Your
Information" items.
(1 ) Letter from Jim Vernon, dated February 8, regarding public access television.
(2) Announcement that no County Commission meeting will be held this week,
along with daily minutes for the week of January 31.
(3) Agenda for the Development Review Committee meeting to be held at 10:00
a.m on Tuesday, February 15, at the Carnegie Building.
(4) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m.
on Tuesday, February 15, in the Commission Room.
. (5) Copy of a letter being distributed by the Coalition for Responsive
Government, dated February 4, regarding the sign code.
(6) Memo from Code Compliance Officer Beall, dated February 14, responding
to the letter distributed by the Coalition for Responsive Government.
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(7) lV!emo from Associate Planner Wall, dated February 14, regarding proposed
revisions to the zoning ordinance.
(8) Memo from Commissioner Youngman, dated February 11, forwarding her
suggestions for the composition of the ad hoc committee for cable television franchising.
. (9) Memo from Assistant City Manager Brey, dated February 14, forwarding
information on the roster of the 1983 Cable Television Study Group and a copy of their final
report.
(10) Copy of an article entitled FCC extends cable TV revenue freeze, published
in the February 1 0 ~dition of the Bozeman Daily Chronicle, as forwarded by Assistant City
Manager Brey.
(11 ) Memo from Alec Hansen, Executive Director of the Montana league of Cities
and Towns, regarding Initiatives 66 and 67 and voter review.
(12) Memo from City Attorney luwe, dated February 9, regarding adoption of
ordinances and resolutions of intent to annex.
City Attorney luwe briefly highlighted the contents of his memo, separating the two
. issues for discussion purposes.
The first pC;'>rtion of his memo pertains to the language for the provisional and final
adoptions of ordinances, an issue which was raised during the January 31 discussion. He
stated that two proPQsals have been forwarded for alternative language, one of which provides
for the establishment of a public hearing date prior to second approval of the ordinance. He
noted that after "first reading" of the ordinance, the ordinance is to be posted and copies made
available to the public. The state statutes provide that a 12-day period must be provided
between first and second readings of the ordinance, which allows for adequate notice to the
public. He also noted that if the Commission so chooses, there would be adequate publication
time for a public hearing.
The City Attorney noted that under the Commission's current rules of procedure,
. ordinances are to be submitted under "FYI Items" at the meeting prior to first adoption. He
suggested that at that time, the Commission could make a determination on whether a pUblic
hearing is needed; and the appropriate language for adoption could then be included in the final
draft of the ordinance.
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appropriate for the Commission to act on the ordinance on first inclusion in the packet rather
than waiting a week.
The City Attorney then forwarded the second portion of his memo for discussion. He
noted that the City Manager has expressed an interest in shortening the annexation process if
. at all possible. He reviewed the steps currently followed, as outlined in his memo. He then
forwarded. He suggested that alternatives to the current process include (1) presentation of
the staff report, followed by adoption of the resolution of intent at the same meeting, (2)
adoption of the resolution of intent to annex prior to receipt of the staff report, which would
be initially submitted at the public hearing, or (3) acknowledgement of receipt of the staff
report and adoption of the resolution of intent to annex on the same consent agenda, with the
staff report being verqally submitted at the public hearing.
The City Manager noted that in many instances, the annexation process currently
extends over a six-month period. He noted that often this results in a parcel connecting to City
sewer service long before the annexation is complete. He also noted that when only one or
two landowners are involved, it should be possible to shorten the time substantially.
. The City Manager stated that if the Commission is not interested in proceeding with
an annexation, staff should be made aware of that fact when receipt of the request is
acknowledged, so they don't waste time preparing a staff report and a resolution of intent to
annex the parcel.
(13) The City Manager noted that copies of the 1993 Annual Report for the
Police Department were distributed to the Commissioners in this week's packet. He then asked
Chief of Police Dick Boyer to review the statistics contained in that report.
Chief of Police Boyer noted that some revisions are being made in the way statistics
are reported, which makes comparison of this year's figures with last year's figures rather
difficult. He noted that the number of offenses reported increased 24 percent from 1991 to
. 1992 and 13 percent from 1992 to 1993. He noted that one of the Department's goals was
to reduce traffic accid~nts and, while they did go down from 1991 to 1992, they went up from
1992 to 1993. He stated that a review of statistics from reports back in 1981 to date reflect
that in each year, approximately 1200 traffic accidents occur. He noted that the traffic volume
has increased substantially over those years, although the number of traffic accidents has
remained relatively static.
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The Chief reviewed some of the other statistics contained in the report, noting that
many of them have small numbers but large percentages of change from year to year, i.e.,
robbery and homicide.
Chief Boyer stated that the number of citations issued dropped 3 percent, from
. 21,053 in 1992 to 20,355 in 1993. He noted that parking citations increased 13 percent,
from 12,073 to 13,597 from 1992 to 1993.
Responding tD observations by the City Manager, Chief Boyer stated that while the
number of domestic problems went down, the number of arrests went up. He noted that this
increase results from I~gislation adopted in 1985, under which one or both parties are arrested
if one shows visible s:gns of injury.
Mayor Vincent noted the general feeling that when the population increases, the crime
rate inevitably increases. He then asked if that is truly one of the costs of growing, or if it is
possible to keep the crime rate down.
Chief of Police Boyer stated that Bozeman has a high quality of life that is not seen
even in other communities in Montana, such as Billings, Missoula and Butte. He noted that in
. Bozeman, people tend to be proud of their Quality of life and do not tolerate a lot of things that
are typically accept'3ble elsewhere. He noted this attitude helps to make the Police
Department's job eas~ar.
Responding to Commissioner Stueck, the Police Chief noted that traffic crimes have
increased 182 percent over 1992. He stated this category includes hit and run, throwing rocks
at windows, and vandalism in parking lots. He noted there was a rash of such incidents last
year.
Responding to Commissioner Frost, the Chief stated that if a juvenile is cited for
"minor in possession" he or she is required to appear in City Court with a parent and, if guilty,
is fined and must attend court school at his or her own expense.
Responding i;O Commissioner Youngman, the Chief stated it is often difficult to prove
. a telephone harassment charge.
Mayor Vincent noted that in some states, the blood alcohol level for juveniles has
been lowered to .001; and many states now cite legal intoxication in adults as .08. He
suggested those are items that might be worth pursuing before the Legislature.
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Mayor Vincent commended the Police Department for the excellent job they have
done. He suggested that education and enforcement be combined in an effort to retain the
current quality of life, even as the community grows.
(14) The City Manager submitted his weekly report, as follows. (1) Reminded
. the Commission of the Gallatin County 2000 AD meeting scheduled for 7:00 p.m. on
Wednesday, February 23, at the Courthouse. (2) Announced that he will be attending the
MMIA annual meeting this Thursday and Friday, at which time they will be setting goals. (3)
Attended the Parking Commission's goal setting session last week. (4) Announced that he has
asked the Planning staff and the Engineering staff to take Thursday and Friday off. He noted
that those staff members have "had their backs to the wall" for the last three plus years; and
they need a break before the next construction season begins. He noted the Building
Inspection office will remain open. (5) Stated approximately 190 people attended the MSU
President's Round Table. He noted that following that meeting, he and Mayor Vincent met
with President Malone for approximately 1 ~ hours. (6) Attended the Governmental Affairs
Committee meeting last Friday. (7) Reminded the Commissioners of the Governmental Affairs
. Committee meeting set for next Wednesday.
( 15) Commissioner Youngman submitted the following. (1) Noted her interest
in creating a cable television franchising committee as quickly as possible. She stated that
between her list and Assistant City Manager Brey's list, it appears eleven to thirteen members
will be needed if all the identified interests are to be represented. She expressed concern that
this could create an unworkably large committee, although she recognizes that not all of the
members will be able to attend all of the meetings. (2) Attended the Beautification Advisory
Board meeting last week.
(16) Commissioner Frost submitted the following. (1) Attended the Downtown
Bozeman Association Board meeting last week. He noted that funding and the need for
volunteers were the two issues which surfaced. (2) Attended the Governmental Affairs
. Committee meeting on Friday. He stated that he was pleased with the positive remarks on
Wal-Mart and the Connell site improvements. (3) Attended the Parking Commission's goal
setting session last week. (4) Stated that he was involved in or witnessed four near accidents
last week. He noted that these resulted from (1) a vehicle passing him on the right on Willson
Avenue when he stopped for a pedestrian, (2) a vehicle attempting to pass another vehicle as
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they approached him on West College Street, (3) someone running a red light and (4) a vehicle
speeding through an uncontrolled intersection.
(17) Commissioner Stueck stated he attended the Governmental Affairs
Committee breakfast on Friday morning.
. (18) Clerk of the Commission Sullivan reviewed the agenda for next week's
meeting, which includes several public hearings.
(19) City Attorney luwe stated he and Director of Public Service Forbes
represented the City at a neighborhood meeting regarding the Bozeman Solvent Site.
(20) Mayor Vincent submitted the following. (1) Attended the City-County Board
of Health meeting last week. (2) Noted that MSU is currently pursuing $50 million in building
projects in the near future, with federal monies and private donations funding most of those
costs. He also noted that most of the central campus will be torn up this summer for
renovation of the heating system. (3) Attended the Governmental Affairs Committee meeting
on Friday morning. (4) Noted the traffic in Bozeman is getting worse. He noted that he and
his wife walked do~ntown on Saturday, and encountered kids on skateboards on the
. sidewalks, adults on bicycles on the sidewalks and several dogs with no owners in sight. He
also noted there was a tremendous number of pedestrians crossing against the light. He stated
the Downtown Bozeman Association has talked about a beat officer; and he feels that is
something that should be pursued to ensure that the downtown area remains a safe and
pleasant place to be.
Consent Items
City Manager Wysocki presented to the Commission the following Consent Items.
Acknowledge receipt of reauest for extension of City water and sewer
services to Fort Ellis leisure Community: refer to staff
Acknowledge receipt of Detition from residents in West Park Manor
Subdivision No.2 and Brentwood Subdivision. dated December
. 1993. objecting to the DroDosed closure of North 20th Avenue
between West Main Street and West Beall Street
Acknowledae receiDt of letter from Vonda laird. 414 North 20th Avenue.
dated Februarv 3. 1994. statina SUDDort for the proDosed closure
of North 20th Avenue between West Main Street and West Beall
Street
Claims
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It was moved by Commissioner Youngman, seconded by Commissioner Stueck, that
the Commission approve the Consent Items as listed, and authorize and direct the appropriate
persons to complete the necessary actions. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Youngman, Commissioner Stueck, Commissioner
. Frost and Mayor Vincent; those voting No, none.
Adiournment - 5:02 D.m.
There being no further business to come before the Commission at this time, it was
moved by Commissioner Stueck, seconded by Commissioner Frost, that the meeting be
adjourned. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Stueck, Commissioner Frost, Commissioner Youngman and Mayor Vincent; those
voting No, none.
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. ATTEST:
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ROBIN L. SULLIVAN
Clerk of the Commission
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