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HomeMy WebLinkAbout2001-11-13 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA November 13, 2001 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Tuesday, November 13, 2001, at 6:00 p.m. Present were Mayor Youngman, Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, City Manager Johnson, Director of Public Service Arkell, Planning Director Epple, City Attorney Luwe and Clerk of the Commission Sullivan. 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 - January 18 and February 7, 2000, and January 30 and November 5, 2001 Mayor Youngman deferred action on the minutes of the meetings of January 18 and February 7, 2000, and January 30 and November 5, 2001to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Authorize Mayor to si.qn - Findings of Fact and Order for West Meadow Major Subdivision (subdivide 63.569 acres described as Lots 2, 3 and 4 of South Meadows Minor Subdivision, into 128 single-family residential lots) (north of Sundance Sprinc~s Subdivision and west of South Meadows Condominiums) (P-0122) Authorize City Manager to sign - Professional Services Agreement with Allied Engineering Services, Inc. - design services for construction of solid waste transfer station Commission Resolution No. 3493 - authorize City Manager to sign Change Order Nos. I through 5 for Bozeman Solvent Site water main project - COP Construction, Inc., Billings, Montana - add total of $47,558.60 and 15 calendar days COMMISSION RESOLUTION NO. 3493 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING ALTERATION/MODIFICATION OF CONTRACT WITH COP CONSTRUCTION COMPANY, BILLINGS, MONTANA. Exemption from subdivision review - Robert Evans - realign common boundary between two tracts in COS No. 236B to create new Tracts lA, 2A and 3A (alone south side of Ice Pond Road and west side of South Church Avenue) Award bid for Water Treatment Plant addition to Ingram-Cleven.qer, Inc., Helena, Montana, in the bid amount of $32,800 Award bid for track mounted loader for the landfill - Tractor and Equipment Co., Billin(~s, Montana, in the bid amount of $54,586.18/year for three-year lease 11-13-2001 -2- Authorize use of annual leave - Clerk of Commission Sullivan - November 15-21, 2001 Claims It was moved by Commissioner Brown, 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 Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff and Mayor Youngman; those voting No, none. Depository Bonds and Pledged Securities as of September 30, 2001 In compliance with the provisions of Sections 7-6-201 to 7-6-212, Montana Code Annotated, Commissioner Kirchhoff and Commissioner Brown have examined the receipts of Depository Bonds and Pledged Securities held by the Director of Finance as security for City funds deposited in Bozeman banks. Commissioner Brown reported that the inventory of Depository Bonds and Pledged Securities was found to be in order. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Commission approve the Pledged Securities as of September 30, 2001, listed as follows: DEPOSITORY BONDS AND SECURITIES SEPTEMBER 30, 2001 RATE MATURITY AMERICAN BANK - Bozeman Repurchase Agreement Account Trusteed with American Bank, N.A.: Federal Home Loan Bank 6.00% 02/14/2007 Sub-Total RECEIPT NO. 200O-O3-437 TOTAL AMOUNT $ 1,065,000.00 8 1,065,000.00 All Other Accounts Federal Deposit Insurance Corporation 100,000.00 Trusteed with American Bank, N.A.: Student Loan Marketing Assn Federal Home Loan Bank Sub-Total TOTAL - American Bank - Bozeman 4.21 08/25/2003 341014575 3.70 08/28/2002 341014435 1,000,000.00 500,000.00 1,500,000.00 2,665,000.00 This is to certify that we, the Commission of the City of Bozeman, in compliance with the provisions of Section 7-6-207, M.C.A., have this day certified the receipts of the American Bank, N.A., for the 11-13-2001 -3- Depository Bonds held by the Director of Finance as security, for the deposit for the City of Bozeman funds as of September 30, 2001, by the banks of Bozeman and approve and accept the same. MARCIA B. YOUNGMAN, Mayor JARVIS H. BROWN, Commissioner JOE N. FROST, Commissioner STEVEN R. KIRCHHOFF, Commissioner SANDRA L. SMILEY, Commissioner The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown and Mayor Youngman; those voting No, none. Employment Agreement between City of Bozeman and City Manager Johnson for Fiscal Year 2001- 2002 Distributed prior to the meeting was a copy of the Employment Agreement between the City and City Manager Johnson. In response to several questions from Commissioner Kirchhoff, Mayor Youngman stated that, during the negotiation process, she took all legal issues to City Attorney Luwe for his review and comments. Commissioner Kirchhoff stated that, based on the City Manager's performance reviews and all of the indexes used to evaluate the City Manager, he feels the terms of the Employment Agreement are warranted. Commissioner Smiley stated one of her goals for the past four years has been to upgrade the salaries of all City employees; and she feels the new salary reflects the City Manager's abilities. Commissioner Brown stated that he was very uncomfortable with the negotiation process and, as a result, cannot approve the agreement. Commissioner Frost stated his support for the agreement as submitted, noting it reflects the good job the City Manager has been doing. Mayor Youngman voiced her support for the agreement, noting that it reflects all of the changes agreed upon by a majority of the Commissioners. She then thanked the City Manager for his long-term commitment to the City. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the Commission approve the Employment Agreement with City Manager Johnson and authorize the Mayor to execute the document on behalf of the City. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Frost and Mayor Youngman; those voting No being Commissioner Brown. Discussion re Commission meeting schedule for December included in the Commissioners' packets was a memo from Clerk of the Commission Sullivan dated November 8. 11-13-2001 -4- Mayor Youngman noted that, in the past, the Commission has eliminated the meeting between Christmas and New Year's. This year, both Christmas Eve and New Year's Eve fall on Mondays, and the Mayor suggested a special meeting could be called for a different day if necessary. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the Commission forego its meetings scheduled for December 24 and December 31 due to the holidays. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No, none. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1) Bozeman. Letter from Alisa Yanker voicing support for the opening of a teen dance club in (2) Copy of a memo from Director of Public Service Arkell directing staff to install four-way stop signs at the intersection of Annie Street and North 25th Avenue. (3) Headwaters Recycling newsletter announcing that the next meeting will be held on November 14 in Bozeman. (4) Notice that the Gallatin County Open Lands Board meeting has been changed from November 12 to November 19. 2001. (5) (6) Draft minutes from the Cemetery Board meeting held on August 16, 2001. Minutes from the Gallatin City-County Board of Health meeting held on September 27, (7) Agenda for the School District No. 7 Board of Trustees meeting which was held at 7:00 p.m. on Monday, November 12. (8) (9) Courthouse. Agenda for the County Commission meeting which was held at 9:00 a.m. today. Agenda for the County Planning Board meeting to be held at 6:30 p.m. today at the (10) Agenda for the Cemetery Board meeting which was held at 1:00 p.m. today in the Commission Room. (11) Minutes from the Cemetery Board meeting held on May 10, 2001. (12) Agenda and revised agenda for the Development Review Committee meeting which was held at 10:00 a.m. today at the Professional Building. (13) Agenda for the City Planning Board meeting to be held at 7:00 p.m. on Wednesday, November 14, in the Commission Room. (14) City Manager Johnson asked if any Commissioners are interested in attending the National League of Cities Congress of Cities, which is to be held in Atlanta on December 4 through 8; none of the Commissioners indicated an interest in doing so. (15) City Manager Johnson reported on his attendance at the Greater Yellowstone Clean Cities (GYCC) meeting last week. He stated that the Department of Energy has a program with monies available from time to time for reduction of vehicle emissions. He stressed the importance of 11-13-2001 -5- the City retaining its status as an attainment city because non-attainment status affects how projects are done and increases the costs. He noted that Bio-diesel 20, which uses vegetable oils in diesel, is an alternative fuel that cuts emissions by 20 percent, and federal monies are available for the switch-over. He asked the Commission to think about an environmental policy on which future decisions can be based, including how much more it would be willing to pay for an environmentally friendly product. He also noted that at the meeting, drawings and illustrations of a new mass transit bus that could be attractive to riders were reviewed. (16) The City Manager noted that, from the Clean Cities meeting, he went to Fairmont Hot Springs to participate in the Chamber of Commerce board retreat. He stated the Chamber has an excellent agenda for the upcoming year, including workforce development and training, transportation issues and mass transit. (17) Planning Director Andy Epple submitted the following. (1) Stated that an informal review for Home Depot is scheduled before the Commission on November 16, and listed some of the issues identified by the Development Review Committee at its review. (2) Noted that Baxter Meadows, Phase I, is scheduled for public hearing next week. (3) Stated he has been working on a committee through the Community Mediation Center to design a land use facilitation program to be implemented next year on a one-year pilot basis; and that program is to be reviewed at a meeting scheduled for November 29. (4) Stated that last Thursday night, Urban Designer Don Grund met with the Recreation and Parks Advisory Board to kick off the process of updating the POST plan. (5) Noted that Associate Planner Sanford (Olsen) is wrapping up publication of the 2020 Plan and, as soon as that is done, will begin work on revisions to the subdivision regulations. (6) Noted that Associate Planner Saunders has begun the process of updating the zone code, and wishes to obtain Commission input at a December meeting. (18) The City Manager reported that the airport is considering a 285,000-square-foot commercial development, which will be located at the east end of the runway and serve as a shipping facility for various companies such as UPS and FedEx. (19) City Attorney Luwe stated he will be attending an MMIA board meeting on Friday. (20) Director of Public Service Debbie Arkell provided an update on the solid waste district, noting the County Commission has asked if the City Commission would reconsider its position if their questions are answered. She noted that, at its meeting last week, the City Council in Belgrade voted 3-2 to not join because of unanswered questions. She stated that at today's meeting, the County Commission voted to continue this item for one week to give Bozeman and Belgrade a chance to reconsider; however, she does not anticipate the questions will be answered in that length of time. She concluded by suggesting that an agreement similar to the agreement for the Helena transfer station to contract for a given tonnage may be a better option at this time. (21 ) Responding to Mayor Youngman, the City Manager stated there seems to be no interest in starting interagency meetings again; however, County Commissioner John Vincent has indicated an interest in City Commission/County Commission meetings again and has suggested they be done in a different location, where both Commissions can sit around a table in a setting more conducive to conversation. The City Commissioners indicated a willingness to meet, and suggested that the meeting be scheduled for an evening in the first two weeks of December. They also agreed that the Belgrade City Council should be invited to attend, since one of the items of discussion would be the solid waste district. (22) Commissioner Brown stated that he stopped by the Community Clinic's open house, noting the clinic is located in a building owned by the Episcopal Church. (23) Trust. Mayor Youngman distributed copies of the latest trail map from the Gallatin Valley Land 11-13-2001 -6- Break - 6:50 to 7:00 p.m. Mayor Youngman Commission policy. declared a break from 6:50 p.m. to 7:00 p.m., in accordance with Continued oublic hearing - Major Site Plan - Morrison-Maierle and Lone Eaqle Investments - allow construction of a 39,958-square-fo0t office building on Lot 2, Block 1, Advanced Technology Park Subdivision, Phase II (southwest corner of intersection of South 19th Avenue and West Colle.qe Street) (Z-01171) This was the time and place set for the continued public hearing on the Major Site Plan requested by Morrison-Maierle and Lone Eagle Investments under Application No. Z-01171, to allow construction of a 39,958-square-foot office building on Lot 2, Block 1, Advanced Technology Park Subdivision, Phase II. The subject property is located at the southwest corner of the intersection of South 19th Avenue and West College Street. At the applicant's request, it was moved by Commissioner Brown, seconded by Commissioner Frost, that the public hearing be continued to November 26, 2001. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff and Mayor Youngman; those voting No, none. Public hearing - intent to annex 156.96 acres located in the W½ of the SE% and the E% of the SW% in Section 4, T2S, R5E, MPM (north side of Durston Road approximately 1300 feet west of its intersection with Cottonwood Road) (A-0107) This was the time and place set for the public hearing on the intent to annex 156.96 acres, as requested by Chuck Hinesley for Sydney and Ethel M. Dykstra under Application No. A-0107, as established by Commission Resolution No. 3485, entitled: COMMISSION RESOLUTION NO. 3485 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. The subject property is located in the West one-half of the Southeast one-quarter and the East one-half of the Southwest one-quarter in Section 4, Township 2 South, Range 5 East, Montana Principal Meridian. It is more commonly located along the north side of Durston Road approximately 1300 feet west of its intersection with Cottonwood Road. Mayor Youngman opened the public hearing. Senior Planner Dave Skelton presented the staff report. He stated the subject property is located along the north side of Durston Road, immediately northwest of Bronken Park; and its western boundary is an extension of the western boundary of the Valley West Annexation. He noted that people living in proximity to the requested annexation have identified several concerns with annexing this property, including impacts on wildlife, urban densities next to rural properties, traffic impacts, and future road improvements, including Durston Road and West Oak Street and north/south streets. He stressed that, while these are valid concerns, they are issues to be addressed and mitigated through the subdivision and development processes. The Senior Planner stated that staff has reviewed this application in light of the goals and policies set forth in Commission Resolution No. 3137, and staff's comprehensive findings are contained in the written staff report. He noted that, based on that review, staff has forwarded a 11 - 13-2001 -7- recommendation for approval of the requested annexation, subject to the following items being addressed prior to or in conjunction with the annexation agreement: That the applicant execute at the Gallatin County Clerk & Recorder's Office waivers of right to protest creation of SIDs for improvements to: Street improvements to include paving, curb and gutter, sidewalk, and stormwater drainage improvements and any associated traffic signals for: 1 ) Durston Road, and 2) West Oak Street. b. Trunk sewer main improvements to serve the property. The documents filed shall specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternative financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. That the applicant execute at the Gallatin County Clerk & Recorder's Office a waiver of right to protest creation of SIDs for a City-wide Park Maintenance District, which would provide a mechanism for the fair and equitable assessment of maintenance costs for City parks as part of the Annexation Agreement. That the applicant provide and file with the Clerk and Recorder's Office executed Public Street and Utility easements for: a) north half of Durston Road, b) south half of West Oak Street, and c) a north/south collector within the subdivision. .. That provisions for water rights or cash-in-lieu of water rights in an amount determined by the Director of Public Service be provided in the Annexation Agreement whereby it is executed by the land owner prior to final subdivision plat approval, final site plan approval, or issuance of any building permits, whichever occurs first, prior to the City Commission adopting the Resolution of Annexation and accepting the Annexation Agreement. The property owner should be advised that prior to development of the property, the future developer(s) may be required to prepare, at their own expense, a comprehensive design report evaluating existing capacity of water and sewer utilities, stormwater master plan and traffic impacts. That, at the time of connection to the City's water and sewer facilities, the landowners shall pay all applicable water and sewer impact fees that are due. The landowners and their successors shall pay all fire, street, water and sewer impact fees required by Chapter 3.24, Bozeman Municipal Code, or as amended at the time of application for any permit listed therein. The Annexation Agreement should include notice that, prior to development, the developer will be responsible for installing any facilities required to provide full municipal services to the property in accordance with the City's infrastructure master plan and all City policies and guidelines that may be in effect at the time of development. An Annexation Map, titled "Laurel Glen Annexation Map" with a legal description of the property shall be submitted by the applicant for use with the Annexation Agreement. The map must be supplied on a mylar for City records (18-inch by 24-inch), a reduced 8%-inch by 11-inch or 8½-inch by 14-inch 11-13-2001 -8- exhibit for filing with the Annexation Agreement at the County Clerk & Recorder, and a digital copy for the City Engineer's Office. This map must be acceptable to the Director of Public Service's and City Engineer's Office, and shall be submitted with the signed Annexation Agreement. That the applicant executes all contingencies and terms of said Annexation Agreement with the City of Bozeman within one (1) year of approval by the governing body, or annexation approval shall be null and void. The Senior Planner stated that, under the 2020 Plan, this property is identified for residential development and a commercial node, and the plan encourages innovative urban designs. He concluded by reminding the Commission that annexation of this property will allow for development at urban densities; however, consideration of the zoning is the subject of the next public hearing. Mr. Chris Bodeski, Allied Engineering, representing applicant, noted that development of this project has been the subject of two informal reviews by the Commission. He noted that Bozeman is growing, particularly toward the northwest; and this annexation seems to be a natural progression of that growth. He noted that this property has become available, and the developer is interested in developing it within city limits. He stated that, during the public hearing on the requested zoning for this property, the applicant heard many concerns voiced by area residents, including traffic and impacts on wetlands and the floodplain. He indicated that Baxter Creek runs through the property, and a wetlands evaluation is just being completed. He noted that, in conjunction with development, Durston Road will be improved from Cottonwood Road to the west boundary of this property. Responding to Commissioner Kirchhoff, Mr. Bodeski identified advantages of developing inside city limits, noting that there is no County zoning designation that would allow the type of densities the applicant is proposing. He also noted it is preferable to develop to City standards inside city limits, rather than having a development at County standards adjacent to the city. Mayor Youngman stated that the Commission has not waivered in its intent to include the provision regarding affordable housing in annexation agreements. She recognized that requirement was not included in the Commission's action on the Baxter Meadows Annexation, due to the fact that the applicant had made a strong commitment toward a regional park and had submitted a letter outlining how he would address the affordable housing issue in his development. Mr. Chuck Hinesley, applicant, stated he has requested this annexation because he wants to develop the property inside city limits, working with City staff to do so. He reminded the Commission that he recently constructed Morgan Creek Condominiums, an 85-unit affordable housing project with an average price of $75,000, at the intersection of West Villard Street and Michael Grove Avenue. He stated it is his intent to continue as the lowest price housing provider in Bozeman and to undertake a similar project on this property, incorporating the ideas in the 2020 Plan and those forwarded by the Commission during the informal reviews. Mr. Chris Bodeski, consulting engineer representing the applicant, noted that county development adjacent to the city results in those people using the City's infrastructure without paying for it. He then indicated that the development plan for this site includes a wide variety of lot sizes, including some minimum lot sizes to provide affordable homes. Mr. Richard Nollmeyer, adjacent property owner on the west, read into the record a three-page letter identifying a number of concerns regarding the requested annexation and rezoning and the negative impacts it will have on his property. He stated that the existing roads cannot accommodate the additional traffic that would be created by a high-density residential development on this property. He also suggested that a lower-density residential development with single-family dwellings would be much more appropriate at the edge of the city, in what is currently an agricultural setting, than a more urban density that is appropriate in the center of town. Mr. Nollmeyer reviewed the statutory provisions for zoning, including its purpose and the criteria and guidelines for zoning regulations. He noted that this subject property is served by gravel County roads; thus, the significant increase in traffic will result in additional dust for the current 11 - 13-2001 9- residents in the area. Also, he cautioned that the subject property is close to a creek and the groundwater is very close to the surface, only one or two feet below the surface in some areas, and it is a virtual swamp at some times of the year. He stated that the subject property is 2 ~ miles from the Emily Dickinson Elementary School and 3 ½ miles from Chief Joseph Middle School and Bozeman High School. He suggested that developing land closer to the schools, where City infrastructure is more readily available, would be more appropriate than developing this subject property. He concluded by asking that the Commission carefully consider the health, safety and general welfare of the community and the immediate area of this requested annexation, particularly taking into consideration the traffic congestion and impacts of a concentrated population in this area. Mr. Gary Metcalf, 4955 Durston Road, noted his family owns the property along the eastern boundary of this subject property; and they have been impacted over the years by the development occurring in the northwestern portion of the community. He characterized development as a Catch 22 situation, noting that infrastructure cannot be extended without development; and development needs to occur to provide those infrastructure extensions, generally through special improvement districts. He recognized that development of this site will impact the area, and stressed the importance of ensuring that it is adequately monitored and that public safety needs are met, including police protection and patrolling of the surrounding roads. Mr. Jerry Cooper, 2933 Durston Road, stated his property is located west of the subject property, and he is concerned about the impacts on the surrounding roads and the City's water and sewer systems. He noted that Durston Road is already overtaxed and its intersection with North 19th Avenue will need to be expanded to accommodate the additional traffic flow. He questioned whether additional land needs to be annexed at this time, particularly a parcel that lies two miles west of areas currently being developed. Mr. Phillip Schladweiler, 4721 Love Lane, stated his property is located at the intersection of Love Lane and Durston Road. He voiced concern about the traffic impacts from development of this property, noting the posted speed limit is not enforced and estimating that probably only 5 of 100 cars obey it. He noted that the 2020 Plan calls for consideration to be given to natural amenities, such as wetlands, streams and wildlife; and he is concerned about the impacts development could have on wildlife. He also noted there is a stream across the property, and the southwest corner of the property has a high groundwater table, as evidenced by water standing on it this past year, the third year of a drought. Also, sandhill cranes nest in that area on a regular basis, and a wide variety of other wildlife use it. He stated the 2020 Plan identifies traffic, loss of rural areas and urban sprawl as negatives, and this requested annexation and subsequent development will promote all three of those negatives. He further noted that residential taxes don't pay for all of the services demanded, and that there is currently a lot of undeveloped property within city limits that could better accommodate the type of development being proposed. Mr. Chris Bodeski noted that comments similar to those just forwarded were also made at the Zoning Commission meeting. He recognized that infrastructure improvements are needed, and noted that development will provide those improvements. He estimated it will take six to ten years to develop this entire parcel, and annexation will provide for long-term planning of that development. He then turned his attention to the stream and wetlands, noting that the results of the wetlands study and identification of the stream corridor and tributary will be addressed during preparation of the development proposal. He concluded by noting that City services end just across the street from this subject property, and reminding the Commission that the western boundary of this property is on the same alignment as the western boundary of the existing city limits. Responding to Mayor Youngman, Mr. Bodeski stated that they will drill pilot wells in the spring to identify the water levels, and recognized that certain parts of the site are subject to high groundwater levels. He assured the Commission that those areas will be addressed in the design and subdivision processes. Senior Planner Skelton indicated that the language pertaining to affordable housing used in previous annexation agreements can be incorporated into the agreement for this property if the Commission so desires. 11-13-2001 -10- Since there were no Commissioner objections, Mayor Youngman closed the public hearing. Commissioner Brown voiced some concern that the high groundwater level inthe Spring 2002 may well be lower than usual because of the recent dry years. Commissioner Frost noted that the city is moving further and further into agricultural land with high-density development. He noted that some communities have incentives for this type of development to include buffer zones, noting that agricultural land can be put into easements that provide open space and allow the two uses to co-exist. He suggested that existing bird and riparian habitats should be made part of the design of the development, with those areas not being impacted by the development. He stated his final concern is the impacts that continued development on the fringes of the city is having on the City's fire and police services, noting that sub-stations are becoming essential on the west side since the City cannot adequately provide services at this time. As a result of his concerns, he proposed that the City ask for land for police, fire and public services. Commissioner Smiley noted that the City's police receive many calls in the middle of town, and the Sheriff's Department backs them up when necessary. She noted that the western portion of the community is expanding at the present time because that is where the property is ready for development and stressed the importance of recognizing that the city will continue to grow. Responding to Commissioner Kirchhoff, Director of Public Service Debbie Arkell stated that, on a recent annexation, the language in the annexation agreement was that the property for a shop complex would be dedicated or offered at predevelopment value. She noted that Mr. Hinesley has talked to her about a 1 ~-acreparcel; however, that would not be large enough to house a complex. She noted, however, the land could be sold or traded for another parcel that could serve the City's needs. Commissioner Brown stated his concerns revolve around those things not covered by impact fees, including police. Responding to Mayor Youngman, the Commissioners concurred that the issues of affordable housing and land for City needs should be included in the annexation agreement. Commissioner Kirchhoff recognized that the Commissioners may have concerns about the timing and location of an annexation request; however, the City has no control over those items and the Commissioners must simply decide if it is in the City's best interests to annex. He suggested that generally it is, particularly since that allows the City to influence how the land is developed. He noted that many of the concerns which have been raised can be addressed through provisions in the annexation agreement and proposed an additional provision requiring that the planned unit development process be utilized for development of this parcel. He recognized that the process would give greater flexibility and could result in an enhanced design. Senior Planner Skelton noted that a planned unit development implements a unified plan helps to ensure that the site is developed in accordance with the 2020 Plan. He further cautioned that this will be a long-term project and there is no guarantee that the current developer will be involved throughout the process. Mr. Chris Bodeski stated that Aaker Creek is located along the western boundary of the subject property and will provide a natural buffer between development and the adjacent agricultural uses; and the creek on the northeast corner of the property will provide another natural buffer. Mr. Chuck Hinesley voiced uncertainty about the implication of requiring the planned unit development process and how it might impact development of the proposed large parcels along the east boundary. Ms. Holly Brown, attorney representing the applicant, suggested that the applicant be allowed to work with the City staff on the issues of land for City services, the affordable housing issue and buffering for agricultural uses. She noted, however that she does not support the requirement that 11-13-2001 11- the planned unit development process because of implications attached to that process under the current zone code. Planning Director Epple noted that the planned unit development process could be utilized to provide the mix of housing types and zoning designations that the applicant has proposed through the informal review processes along with the integration of open space and parkland. He noted that the PUD process does not have to be pursued beyond that level, but would help to ensure the desired type of development can be provided. Ms. Brown voiced her support for allowing for flexibility later in the process, noting that the property to the east will be sandwiched between two urban developments and could potentially seek annexation in the future. In light of the potentially changing dynamics, she does not want to lock the applicant into something that is unworkable. Commissioner Kirchhoff stated that the plans submitted during the informal reviews do not appear to reflect a true mixed use development. He feels that mix of uses, along with sensitive treatment of the stream corridors and a development that includes a grid street system, could be best accomplished through the planned unit development process. Senior Planner noted that, based on the Commissioners' comments, including a requirement for buffering from adjacent agricultural uses and a requirement for a unified plan in the annexation agreement is important. Responding to Mayor Youngman, the Commissioners agreed that the following items should be included in the annexation agreement, in addition to those listed by Senior Planner Skelton above: (1) a provision that land for City operations be dedicated or offered at predevelopment value; (2) a provision for affordable housing; (3) a requirement for buffering from adjacent agricultural uses; and (4) a requirement for development under a unified plan that includes design review guidelines defined by lot size and mixed use housing sizes. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Commission authorize and direct staff to bring back an annexation agreement, addressing the nine items listed in the staff report plus the items identified during the above discussion, for Commission action. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown and Mayor Youngman; those voting No, none. Break - 8:57 to 9:07 p.m. Mayor Youngman declared a break from 8:57 to 9:07 p.m., in accordance with Commission policy. Public hearinq- Zone Map Amendment - Chuck Hinesley for Sydney and Ethel M. Dykstra - establish initial zoning designations of "R-2", R-3", "R-3a", "R-4", "PLI" and "B-2" on 156.96 acres located in the W% of the SE% and the E% of the SW% in Section 4, T2S, R5E, MPM (north side of Durston Road approximately 1300 feet west of its intersection with Cottonwood Road) (Z-01173) This was the time and place set for the public hearing on the Zone Map Amendment requested by Chuck Hinesley for Sydney and Ethel M. Dykstra under Application No. Z-01173, to establish initial zoning designations of "R-2", Residential--Single-family, Medium-density, R-3", Residential--Medium- density, "R-3a", Residential--Two-family, Medium-density, "R-4", Residential--High-density, "PLI", Public Lands and Institutions, and "B~2", Community Business, on 156.96 acres located in the West one-half of the Southeast one-quarter and the East one-half of the Southwest one-quarter in Section 4, Township 2 South, Range 5 East, Montana Principal Meridian. It is more commonly located along the north side of Durston Road approximately 1300 feet west of its intersection with Cottonwood Road. 11 - 13-2001 -12- Mayor Youngman opened the public hearing, noting that the comments from the previous hearing apply to this hearing as well. Senior Planner Dave Skelton presented the staff report. He stated that establishing urban zoning designations is the next step after annexation. He noted that staff has reviewed this application in light of the criteria set forth in the zone code, and staff's comprehensive findings are contained in the written staff report. He briefly highlighted those findings and noted that the Zoning Commission conducted its public hearing on this application at its October 1 6 meeting. Following that hearing, the Zoning Commission forwarded a recommendation for approval of revised zoning designations, subject to four conditions. He noted that the Zoning Commission felt the dedicated parkland should be zoned "PLI" and recommended "B-1" zoning instead of the requested "B-2" zoning designation. Mr. Chris Bodeski, consulting engineer representing the applicant, showed the Commission the original exhibit he had presented at the informal review and the new exhibit developed in response to the recommendations from the Commission and the Zoning Commission, including the recommended zoning designations. He stated that in the "R-3a" zoning designation, they have tried to vary the lot sizes to encourage a mix of development, including single-family, duplex and four-plex units. He indicated that there are some large blocks in the southeast corner of the property, between the creek corridor and the property line. He then indicated that the wetlands issues will be taken into consideration as the development proposal is prepared, and it is anticipated most of those areas will fit into the proposed lO0-foot-wide corridor for Baxter Creek. City Manager Johnson recommended that area anticipated to be parkland be zoned the same as the adjoining residential zone, as proposed by the applicant, rather than zoning it PLI at this time. Responding to Commissioner Frost, the Senior Planner stated that Annie Street is a collector and, while Laurel Parkway is not designated a collector, it will be a default collector because it is located on a quarter section line. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. Commissioner Frost characterized the proposal to develop this property as progressive and innovative; however, he is concerned about the huge parcels of different zoning designations. He stated, rather, he would like to see more of a mix of zoning designations and housing types. He cautioned that 17 acres of true "R-4" development would be onerous and would not be conducive to a neighborhood feel. Commissioner Kirchhoff stated his concurrence with Commissioner Frost's comments, urging the applicant to distribute high-density development throughout the neighborhood. He also encouraged the development of this property in a grid system, where "street blocks read like street blocks and neighborhoods read like neighborhoods". He further observed that the stream corridor through Valley West Subdivision is very wide, narrowing to 100 feet through Laurel Glen. Commissioner Smiley stated she, too, would like to see more of a mix of housing types, noting she would also like to see fewer large housing areas. Responding to Mayor Youngman, Senior Planner Skelton stated the planned unit development process would provide the opportunity to do the type of mixed use development envisioned by the Commission. He then cautioned that, once the property is rezoned, there is no guarantee it will be developed as suggested by the applicant. In light of the concerns voiced by the Commissioners, Mr. Bodeski suggested that the mix of uses could be discussed during a work session prior to making a decision on the zoning. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the public hearing be continued, with a work session to be scheduled for 3:00 p.m. next week to discuss the zoning and mix of uses. The motion carried by the following Aye and No vote: those voting Aye 11-13-2001 -13- being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost and Mayor Youngman; those voting No, none. Adiournment - 9:53 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost and Mayor Youngman; those voting No, none. MARCIA B. YOUN~or ATTEST: ROBIN L. SULLIVAN Clerk of the Commission 11 - 13-20O 1