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HomeMy WebLinkAbout2001-07-16 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA July 16, 2001 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, July 16, 2001, at 3:00 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 Deputy Clerk of the Commission DeLathower (for the special meeting) and Clerk of the Commission Sullivan (for the regular meeting and public hearings). 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. Si_~ninQ of Notice of Special Meeting Each of the Commissioners, in turn, signed the Notice of Special Meeting. Meeting with Library Board of Trustees re possible acquisition/clean-up of CMC Heartland property for new library Present for this portion of the meeting were Alice Meister, Library Director; Ron Farmer, Former Chair of the Library Board; Karen Finke, Project Engineer; Roger Sicz, Streets/Sanitation Superintendent; Debbie Arkell, Director of Public Service; Craig Brawner, City Engineer; Tim Cooper, Staff Attorney; Miral Gamradt, Administrative Services Director; Holly Brown, Library Board member; Mark Johnson, Resource Technologies, Inc. Ron Farmer stated the Library representatives are here today to ask the City to accept the contaminated soils from the CMC site into the City landfill at no disposal fee. The consultants feel this product is acceptable for disposal into the landfill. Ms. Meister added they need to let the CMC partners know by 5:00 p.m. on Wednesday, July 18, if they are going to close the purchase deal or not. Responding to Commissioner Frost's question, Mr. Farmer said they have contacted one County Commissioner informally to ask if the Logan landfill could accept this material and if the County would waive the tipping fee as their contribution to this library construction project. However, the Logan landfill is not able to accept anything until next year when their new cell is opened. There is the possibility the waste could be split between the two landfills; but the Library Board is trying to minimize its costs and give the public the best deal they can, and the transportation costs to Logan are estimated at $120,000. Director of Public Service Arkell stated Project Engineer Finke has prepared answers to questions they thought would likely arise, including the costs and impacts on the City's budgets. Ms. Finke noted this material can be accepted into the City landfill with conditions and, as an additional precaution, all the contaminated waste would be disposed of in the Class II cell. Putting all this waste into the Class II cell will eliminate 4% to 5 weeks, or 5 percent, of the landfill's remaining life. Costs would total approximately $1.2 million. Landfill staff is not trained to handle contaminated material, so personnel from Resource Technologies would be handling it. Director of Public Service Arkell added another issue to be considered is that there is an ordinance which prohibits asbestos-contaminated materials being taken to the landfill. She also pointed out that additional costs will be incurred because somebody has to be hired or work overtime to bring in the cover soils. 07-16-2001 -2- Commissioner Kirchhoff asked if there is any way of covering the costs incurred at the landfill by the way the City manages it~ funds. City Manager Johnson replied those costs can be passed on through rate increases or the money can be borrowed from the enterprise fund. Administrative Services Director Gamradt added those monies could also be taken out of the general fund because this is a public benefit to the entire city. Library Director Meister noted one of the biggest benefits is getting this property cleaned up, which will benefit the entire downtown, not just the library. Commissioner Kirchhoff questioned the revenues in the solid waste fund. Administrative Services Director Gamradt replied the City has met the requirements for closure and post-closure of the landfill. There is approximately $1.6 million in the fund now, and it is projected to have $2.3 million by the end of the year. Mark Johnson stated any material that would exceed the disposal criteria for lead will be treated on site and then transported to the landfill. The asbestos-contaminated material could be treated with concrete as a binding agent as a precaution, which still wouldn't ensure the asbestos won't migrate. However, once it's buried, it won't migrate; the safety issues with asbestos come from the airborne particles. City Engineer Brawner noted the current estimate shows $850,000 for reclamation of the site, not including the disposal costs. Added to the $1.2 million, that is $2 million in reclamation costs lost to the City's revenues, which is a huge cost. Commissioner Kirchhoff then asked if all the costs have been determined. Engineer Finke replied Maxim Technologies needs to be hired to review the volunteer clean-up redevelopment plan. Also, additional landfill surveying costs will be incurred. Mayor Youngman asked what the library has done to make the people responsible pay for the contamination clean-up. Mr. Farmer responded CMC's position is the cost of remediation is part of the original cost negotiation; they believe the property is worth $3 million and they have discounted the price, which is their contribution to the remediation. CMC is not willing to budge one bit on the price. Mayor Youngman then asked if CMC is aware of the real remediation costs. Mark Johnson said CMC knows what the costs are, but they have the option of not doing anything. They are content to let it sit there for another 10 to 20 years in the condition it is now. The City is in the best situation of any entity to develop that property; it would be a benefit to the city to get this area cleaned up. Commissioner Brown asked what the responsibility is of those who actually contaminated the soil. Mr. Farmer answered most of the contamination can be traced back to the railroad, which is a part of CMC. The library is willing to take on the costs of the clean-up as a cost of the site. Commissioner Brown noted the cost of putting this contaminated waste into the landfill is a significant cost to the City. The enterprise fund has a responsibility to recoup those costs from the people who use the landfill; and if the City gives up that money for the library, it will fall to all users of the landfill. He continued, saying he is not anxious to get this "nasty material" into the landfill, even in a lined cell because he is not convinced there is no risk. Library Director Meister reminded him she sat in on the budget meetings when the Commission said the library would be the number one priority for the year, and staff has been directed to make the library the number one priority. Commissioner Brown responded that when the Commission gave the library most of the City's bonding capacity, they did make the library the number one priority. Mark Johnson stated, in regard to the risk, the Commission has to weigh leaving it where it is versus treating it and removing it. Currently there is no groundwater contamination detected and it is in an uncontrolled environment; there is a higher risk in leaving it where it is than in taking it to the lined cell at the landfill. 07-16-2001 3- Commissioner Frost said he has no problems with mitigation of the site. His concern is the taxpayers have already voted to bill themselves 84 million to construct the library; and if all the contaminated waste is put into the landfill without cost, that money either needs to come out of the general fund or the landfill fees will need to be raised, which, in either case, goes onto the backs of the taxpayers as well. He asked if any library foundation monies can be used to help mitigate the costs to the City. Ms. Brown responded they believe the vast majority of the users of the landfill are county residents. Project Engineer Finke said it is a 50/50 city/county user split of the landfill. Commissioner Frost noted that doesn't help the Library Board with Wednesday's decision deadline. He asked if staff could look into raising the landfill rates for county users; and what the ramifications of that would be. Director of Public Service Arkell replied they would have to come up with a system to identify city residents, which would have an implementation cost attached. Mr. Farmer said they are investigating to see if capital campaign dollars could come from the foundation to help with the landfill costs. However, they need a comfort level with the costs of the clean-up before they can proceed with the offer to purchase. They intend to continue to work with the county and explore all avenues for available funds. Mayor Youngman opened the discussion to receive public comment. Hallie Rugheimer, 1400 Story Mill Road, suggested perhaps former County Commissioner Phil Olson would be interested in investigating what can be worked out with the County and the Logan landfill. While the landfill neighbors want the library to succeed, they feel there doesn't need to be any more pollutants disposed of in the landfill. Jon Gerster, 719 North Wallace Avenue, said he is as pro-library as he can be, but he is concerned about contaminants going to the landfill, noting a bad situation should not be made worse. He also believes those who use a resource should help pay for that resource, and the county should become involved in the costs of the new library. If they are not willing to commit the Logan landfill site, they .should contribute in some other way. John Sinrud, 284 Frontier Drive, said if the City is going to charge county residents extra fees to dump their garbage, then everyone should know the accurate clean-up costs and those costs are continually going up. He portrayed this plan as a backhanded way of going around and charging county residents for something they'll never use, without an opportunity to vote; or taxation without representation. He suggested, instead, those who use the library should be charged a hefty fee, rather than charging all those who don't even use the library. The costs shouldn't be shifted from those who use a facility to those who don't. Mr. Sinrud stated, contrary to opinion expressed this evening, the people in Logan do care about what goes on there; and it is not fair to assume they "don't give a hoot in hell". Mike Delaney, 923 South Third Avenue and member of library foundation board, said that, in his opinion, this is the greatest opportunity ever faced by this Commission. There will be few things they can point to later and say they are proud of that; they made a difference. The library must be able to use the CMC site at a cost that is affordable; and to make that happen, the City has to agree to allow them to use the landfill at no charge. The future cost to purchase this property will be far in excess of the current price offered by CMC. There are no negatives to this plan; they will be taking contaminated material from the Main Street corridor, encapsulating it, moving to the landfill, putting it in a safe, lined cell, and then providing a clean building site. He encouraged the Commission to move full speed ahead. Chris Nixon, 719 North Wallace Avenue, agreed with Mr. Delaney's comments. Commissioner Kirchhoff said he recognizes there are costs not advertised or included in the bond issue, but for the City to go this far to garner the support of the public and then say the additional cost is too much to bear, would not be completing the stated mission. This project is something that could potentially be the hallmark of Main Street and Bozeman's quality of life--the gift 07-16-2001 4- that will continue to give in the future. While it is not easy to swallow the costs thrown around today, he will support the library. Ms. Brown pledged she will continue to work with the County Commission, regardless of the vote today, and whatever other resources might be available to minimize the costs for everyone. Mayor Youngman stated if the City ends up absorbing the costs of the waste disposal at the landfill, profit on the remainder of this site should be maximized. The Commission may need to change its thinking of what goes on the rest of this site in order to recoup some of these costs; there will need to be good paying neighbors. Commissioner Smiley believes the voters have spoken regarding what they want for a library. This is a huge monetary focus on the library, which means there are a lot of other things that cannot be done; so she expects the library to help out. Library Director Meister responded the library is committed to raising $4 to $6 million to fund this project. It was moved by Commissioner Brown, seconded by Commissioner Frost, to allow the library to use the City landfill for disposal of the contaminated soils with no disposal fee costs and encourage the library to work further with the county to have them contribute toward the capital costs of the library. 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. It was moved by Commissioner Frost, seconded by Commissioner Smiley, to agree with the Library Board that the City and the Library work together on a Memorandum of Understanding to cover such things as use of the land that is available after the construction of the library. 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 - 4:52 to 5:00 p.m. Mayor Youngman declared a break from 4:52 p.m. to 5:00 p.m., in accordance with Commission policy. Presentation re preservation of Story Mansion - Rich Noonan, Missouri Headwaters Trust Rich Noonan, 115 West Cleveland Street and representing the Missouri Headwaters Preservation Trust, stated he was here to apprise the Commission of what their mission is and to ask for Commission support to preserve the Story Mansion, which he characterized as a "landmark for our sense of place here in Bozeman". The Trust would like to purchase the Story Mansion to turn the surrounding land into a public park and use the structure as a community center. The Trust is asking if the City is able to financially contribute, and if the Commission will give the Trust their public support for this endeavor. Break - 5:13 to 5:21 p.m. Mayor Youngman declared a break from 5:13 p.m. to 5:21 p.m., to give the Commissioners an opportunity to get plates of food prior to the start of the regular meeting. Presentation re preservation of Story Mansion - Rich Noonan, Missouri Headwaters Trust (continued) Both Jon Gerster, 719 North Wallace Avenue, and Rachael Wallace, 401 South Willson Avenue, spoke in support of this project. Following discussion, the Commissioners all agreed to support the principle of the campaign, and a majority agreed to bring this issue back on the agenda at a later date for possible financial commitment, with staff input on financing options. 07-16-2001 -5- Break - 5:58 to 6:03 p.m. Mayor Youngman declared a break from 5:58 p.m. to 6:03 p.m., to give the Commissioners and staff an opportunity to prepare for the regular meeting. Minutes - January 18 and February 7, 2000, and January 30, April 20, May 7, May 29, June 11, June 25, July 2 and July 9, 2001 It was moved by Commissioner Brown, seconded by Commissioner Frost, that the minutes of the meeting of May 7 be approved as submitted and the minutes of the meeting of July 2, 2001, be approved as amended. 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. Mayor Youngman deferred action on the minutes of the meetings of January 18 and February 7, 2000, and January 30, April 20, May 29, June 11, June 25 and July 9 to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Commission Resolution No. 3451 - appropriation resolution for Fiscal Year 2001-2002 COMMISSION RESOLUTION NO. 3451 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROPRIATING FUNDS FOR VARIOUS BUDGET UNITS, AND FURTHER ESTIMATING REVENUE NECESSARY TO OPERATE AND MAINTAIN SERVICES OF MUNICIPAL GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 2002. Commission Resolution No. 3452 - calling for sale of bonds for SID No. 669 (downtown improvements) COMMISSION RESOLUTION NO. 3452 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, RELATING TO $1,160,000 SPECIAL IMPROVEMENT DISTRICT NO. 669 BONDS; AUTHORIZING THE ISSUANCE AND CALLING FOR THE PUBLIC SALE THEREOF AND AUTHORIZING THE PLEDGE OF THE REVOLVING FUND TO THE SECURITY THEREOF. Authorize City Manager to sign - Annexation Agreement with Richard Maus for annexation of 1.608 acres described as Lot 21, Gordon Mandeville State School Section Subdivision Commission Resolution No. 3453 - annexing 1.608 acres described as Lot 21, Gordon Mandeville State School Section Subdivision COMMISSION RESOLUTION NO. 3453 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF A CERTAIN CONTIGUOUS TRACT OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT. Exemption from subdivision review - allow for aaQre.qation of Lots 2 through 5, Tract 2, Gardner-Simmental Plaza, and terminated easement for Simmental Trail Court into Lot 2A, Tract 2, Gardner-Simmental Plaza - Frontier Land, Inc. (E~0109) 07-16-2001 -6- Authorize Mayor to si.qn - Findings of Fact and Order for Amended Plat of Block 17, New Hyalite View Subdivision subdivide 2.7 acres into 8 sinqle-family residential lots and 1 lot of open space (alonQ west side of Holly Drive at Ash Drive extended) (P-0113) Authorize Mayor to sign - Findings of Fact and Order for Harvest Creek Subdivision, Phases V-XI - subdivide 79.3114 acres located in the SE%, Section 2, T2S, R5E, MPM, into 300 sinqle-family residential lots (between Durston Road and West Oak Street extended immediately west of Phases I-IV) (P-0105) Authorize City ManaQer to si.qn - Acceptance of Pedestrian Access Easement - Brid=estone/Firestone, Inc. - 6-foot-wide easement across Lots 1-3, Block 2, North 7th Addition Authorize City Mana=er to sion - AccePtance of Pedestrian Access Easement - Tanqe Family L.L.C. - across Lot 5, Amended Plat of Block 3, Tange's Subdivision Authorize City Manager to sign Amendment No. 2 to Professional Services A.qreement for Wastewater Treatment Plant modifications - Morrison-Maierle, Inc. Authorize City Manager to sign - Agreement for Title Memorandum Services for West Babcock Street project - Security Title Company Appointment of Commissioner Smiley and Commissioner Kirchhoff to sub-committee to review pledoed securities as of June 30, 2001 Claims It was moved by Commissioner Frost, seconded by Commissioner Smiley, 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 Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown and Mayor Youngman; those voting No, none. Discussion re disc qolf course Ms. Kate Gardner, member of the Recreation and Parks Advisory Board, presented the motion adopted by the Board at its meeting on Thursday, July 12, which reads: "We recommend that Lindley Park stay open for one more season of disc golf (through the summer of 2002) while Rose Park is being developed, unless an alternative, temporary site is found." She indicated that the course is to consist of nine holes, rather than the current eighteen holes. Responding to Mayor Youngman, Ms. Gardner stated that the Commission's previous motion stipulated that the disc golf course be completely removed from Lindley Park by September 1, with the City providing an alternative course during the development of a permanent course. She noted that a rather solid plan for a course in Rose Park has been prepared, however, it will be at least a year before the course is completed, even if the wetlands delineation, berming, plantings, pouring of cement tees and installing of goals and baskets is done yet this year; and a full season of growth will be needed before the plantings can withstand use of the disc golf course. The Recreation Board recognized that other City locations have been discussed for an temporary course, but no viable site has been identified. She stressed that the Board recognizes additional damage will occur in Lindley Park if disc golf is allowed to continue for one more season, but they felt it would not be significant enough to warrant pulling the course and leaving no place for the disc golfers to play for a year. Mrs. Kate Gardner presented to the Commission a copy of the application for Land and Water Conservation Fund monies for initial development and the disc golf course at Rose Park. She recognized all of those who helped in the preparation of this document, particularly thanking Cary Silberman for providing the graphics. 07-16-2001 7- Mr. Jon Gerster, member of the Tree Advisory Board, voiced his concern about the alarming damage that is occurring to the trees in Lindley Park, noting it is obvious that is what precipitated the deadline. He suggested that there may be alternative sites in the community, not on City property, for a temporary disc golf course. He suggested that, if the course is to remain in Lindley Park for another year, the trunks of the trees and their understories be protected, possibly through the use of netting. He recognized that Lindley Park may "look like a Martian landscape", but it is important to protect the trees from any additional damage, particularly in light of the impacts they've encountered to date. Mr. Jim Cannata, 608 West Babcock Street, stated his children have thoroughly enjoyed the opportunity to use the disc golf course. He indicated support for Mr. Gerster's suggestion that netting be used to protect the trees, and suggested that a nine-hole course be retained in Lindley Park for those eighteen and under, even after the new course is completed. He proposed that charging $1.00 to use the course would generate monies to pay for park maintenance. He concluded by stating he has been a member of the FOR Parks group for the past 1 ~years, and they are looking at a 100-acre site on Baxter Lane that could accommodate a disc golf course in addition to several other activities. Mrs. Judy Blackmore, 1004 East Babcock Street, voiced her concern about allowing additional tree damage in Lindley Park and encouraged the Commissioners to look at the conifers and recognize their unhealthy appearance. She noted that conifers do not grow new limbs or needles at the ends of the branches, and the damage from disc golf is very evident. She also noted that a Linden tree has been removed because it died as a result of the damage. She stated this activity has been given a park in which to construct a course and has been given the opportunity to receive grant monies. She questioned why people feel they should be able to play this sport year round and noted the Commission must now break its promise to either the community or the user group since a temporary course will not be available on September 1. Mr. Chris Nixon, 719 North Wallace Avenue, stated he would like to see the September 1 deadline remain because he does not want to see any more damage done to the trees. He proposed that a temporary disc golf course be constructed on private property or possible on MSU property and asked if the City could enter into an agreement with the property owner that would include the City's insurance coverage for liability. Ms. Kate Gardner stated that, when the issue was first discussed at the Recreation and Parks Advisory Board meeting, she asked about wrapping the trees, since she had just returned from three years in Japan, where wrapping trees is common. The response was that trees cannot be wrapped because it invites infestations. She then stated that the entire disc golf course must be pulled by August 1 for the Sweet Pea Festival, and there is such a short time between the end of the festival and September 1 that the disc golf club was not going to set it up again. She concluded by asking if the City could fund the $4,000 to $5,000 for the wetlands delineation at Rose Park yet this fall, so a determination can be made on whether a disc golf course can feasibly be constructed in that location. City Attorney Luwe stated that, under the City's insurance with the Montana Municipal Insurance Authority, the liability insurance cannot be extended to private property. He recognized that separate insurance could be acquired through another carrier; however, he cautioned it would be expensive. Commissioner Smiley encouraged the disc golf group to approach private property owners, suggesting that Mr. Mike Delaney might be willing to allow the Cupola site to be used until he is ready to begin development. Commissioner Brown stated he has observed the damage is Lindley Park and is concerned. He suggested one option may be to require the use of traditional frisbees instead of the discs for the remainder of the time that a course is in Lindley Park, in an effort to reduce additional damage. Mayor Youngman suggested this item be placed on next week's agenda for further discussion and a possible decision; the Commissioners concurred. 07-16-2001 -8- Ordinance No. 1543 - Zone Map Amendment - establish initial zonino desionation of "M-2" on 1.608- acre parcel described as Lot 21, Gordon Mandeville State School Section Subdivision Included in the Commissioners' packets was a copy of Ordinance No. 1543, entitled: ORDINANCE NO. 1543 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP AND ESTABLISHING AN INITIAL ZONING DESIGNATION OF "M-2" (MANUFACTURING AND INDUSTRIAL) ON 1.608 ACRES LOCATED IN THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 1 SOUTH, RANGE 5 EAST, PRINCIPAL MONTANA MERIDIAN, DESCRIBED AS LOT 21, GORDON MANDEVILLE STATE SCHOOL SECTION SUBDIVISION. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that Ordinance No. 1543, establishing an initial zoning designation of "M-2" on a 1.608-acre parcel described as Lot 21, Gordon Mandeville State School Section Subdivision, be provisionally adopted and that it be brought back in two weeks for final adoption. 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. Request for informal review of Laurel Glen annexation/mixed use development proposal - Chuck Hinesely - 157 acres located along north side of Durston Road, approximately ~Amile west of its intersection with Cottonwood Road Included in the Commissioners' packets was a memo from Senior Planner Dave Skelton, dated June 26, forwarding a request for informal review and a copy of the staff report for the Montana Meadows Annexation, which was considered under Application No. A-9707 in August 1998. Senior Planner Skelton introduced the proposed project, noting that several things have changed since the possibility of annexing this property was considered in 1998. He stated that the Development Review Committee has reviewed this proposal and responded positively after that review. He concluded by noting that issues raised include the timing of infrastructure improvements, including improvements to Durston Road, and the possible need for lift stations. He concluded by stating the proposed mixed use development is generally in concert with the 2020 growth plan. Mr. Terry Threlkeld, Allied Engineering, representing the applicant, stated his client is requesting this informal review after numerous meetings with staff and planners. The applicant proposes a mixture of zoning designations, including a variety of residential zones, an area for a business community and two parkland areas. The subject property is bordered by Durston Road on the south and West Oak Street on the north and it straddles a mid-section line. A 100-foot trail corridor is proposed along the creek which meanders through the eastern portion of the property; and the cul-de-sacs are to be open to the creek corridor, so everyone in the subdivision has access to it. He indicated that, based on input from staff and individual Commissioners, modifications to the concept plan will include an east/west link in the trail system, bisecting the longer blocks with trail easements, and making the development as pedestrian and bicycle user friendly as possible. The main arterial street through the subdivision is to include a boulevard style with plantings in the median. He indicated that _ 150 residential units are proposed for this 160-acre parcel. Commissioner Frost indicated one of his concerns is the lack of an east/west thoroughfare. He also noted that, while this has been characterized as a mixed use development, each use has been separated rather than "mixed together in a scrambled format". He also noted that it is a long bicycle ride from that area to the center of the community. Mr. Threlkeld recognized that this property is a long way from the downtown. He stressed, however, that much of the development is occurring in this quadrant of the community and there will be areas that people may bicycle to. He also suggested that, through development of this property, Durston Road could be improved to a full standard, which may help in future development of the area. 07-16-2001 -9- Responding to Commissioner Brown, Mr. Threlkeld stated that facilities for both pedestrian and vehicular flow across the creek will be provided; however, he noted it is desirable to limit the number of crossings on the trail corridor. In responding to questions from Mayor Youngman, Mr. Threlkeld stated that major north/south streets will be located close to but not abutting the property, and he will check the new transportation system to see if a major street is proposed on the half section line. He then turned his attention to the Parks, stating that the large park is 9.8 acres in size and the smaller park is approximately 2 acres. He noted the large park is surrounded by streets and includes a water feature. The reason for splitting the parkland dedication is to give localized availability, and the smaller park is to be less developed that the larger one. Responding to Mayor Youngman, Senior Planner Skelton stated that Anne Banks, Recreation and Parks Advisory Board member, looked at the concept plan last week. She liked the Baxter Creek trail corridor and the limited crossings. She also liked the location of the larger park and the fact that it is surrounded by streets but was undecided about the smaller park. Mayor Youngman suggested that the parkland be combined and that it still be surrounded by streets. Commissioner Brown voiced concern that this property is located outside the present urban growth area and the sewer service area, and the capacity of the Wastewater Treatment Plant will be challenged with the build out of already annexed land. He then asked about the proposed lift station. Mr. Threlkeld responded that the land falls to the north and the west. At the present time, a lift station will be needed; however, as additional sewer trunks are extended, this property can be tied into the City's gravity flow system. Commissioner Smiley stated the parkland dedication needs to be in one parcel. She then voiced her support for the concept plan and stated she feels this property should be annexed. Commissioner Kirchhoff voiced his concern that, while this is described as a mixed use development, it is not really mixed. He also encouraged the addition of east/west connectors, without interrupting the trail corridor, pedestrian and bicycle flow. He then indicated support for the two parks and trail system, cautioning that the development of the lots backing onto the trail could definitely have an impact on that corridor. Mayor Youngman stated she, too, agrees that the uses should be mingled. In discussing the possibility of including limited commercial development, the Commissioners indicated support for the manner in which Kagy Korner has developed and also identified the town square concept as a good one. City Manager Johnson asked if there is any concern about access onto Durston Road from this subdivision; Commissioner Frost suggested that only one access into the development be allowed from Durston. Mayor Youngman thanked that applicant for the opportunity to conduct this informal review. Review of proposed location of sidewalk along west side of North Wallace Avenue, in conjunction with Ponderosa storage yard Included in the Commissioners' packets was a memo from Assistant Planner Karin Caroline, dated July 2, 2001. Assistant Planner Caroline reminded the Commissioners that one of the conditions of approval at the May 14 meeting was that the location of the sidewalk be brought back for Commission review and approval. She stated that the applicant is proposing to install a City standard sidewalk on the north side of West Tamarack Street and the west side of North Wallace Avenue from the intersection 07-16-2001 10- to the railroad right-of-way. The sidewalk along North Wallace Avenue is to align with the sidewalk to the south and is to meander around the existing vegetation, to avoid removal of the mature trees. As the sidewalk passes the building, the boulevard fades to nothing and the street is unimproved; and the sidewalk will curve back to the roadway at the railroad tracks. She stated the Engineering Division recommends that the sidewalk from the existing drive approach to the railroad tracks be built at six inches because of the heavy usage by industrial vehicles. Responding to Commissioner Frost, the Assistant Planner stated that the encroachments have not yet been removed, but are to be removed yet this year. Mr. Chris Nixon, 719 North Wallace Avenue, voiced support for the proposed sidewalk alignment. He encouraged that the condition of the two mature trees be carefully considered, suggesting that at least one of those trees may be poor enough that its replacement is preferable. Mr. Jon Gerster, 719 North Wallace Avenue, thanked Bill and Rick Ogle for the design, and voiced his support for it. He noted his desire to ensure that the sidewalk remains dedicated to pedestrian use, and not for materials storage or parking. Planning Director Epple suggested that the notes on the plan could include a provision that the City Forester look at the trees to determine they need replacing; the Commissioners concurred with that requirement. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the location of the sidewalk be approved. 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. Public hearing - Preliminary plat for Headlands Subdivision PUD - Apogee Architects for Brid.qer Headlands Group L.L.C. - subdivide 26.606 acres described as Tract A, COS No. 2220, into 32 single- family residential lots (along south side of Bridger Drive, aDDroximately %mile east of its intersection with Story Mill Road) (P-0117) This was the time and place set for the public hearing on the preliminary plat for Headlands Subdivision PUD, as requested by Apogee Architects for Bridger Headlands Group, L.L.C., under Application No. P~0117, to subdivide 26.606 acres described as Tract A, COS No. 2220, into 32 single-family residential lots. The subject property is located along the south side of Bridger Drive, approximately one-quarter mile east of its intersection with Story Mill Road. Mayor Youngman opened the public hearing. It was moved by Commissioner Brown, seconded by Commissioner Frost, that the public hearing be continued to August 6, to give the City Planning Board an opportunity to conduct its review of this application. 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 - Conditional Use Permit for Planned Unit Development - Apogee Architects for Bridger Headlands Group L.L.C. - allow construction of 32 single-family residential units on 26.606 acres described as Tract A, COS No. 2220 (along south side of Bridger Drive, approximately % mile east of its intersection with Story Mill Road) (Z-01104) This was the time and place set for the public hearing on the Conditional Use Permit for a Planned Unit Development, as requested by Apogee Architects for Bridger Headlands Group, L.L.C., under Application No. Z-01104, to allow the construction of 32 single-family residential units on 26.606 acres described as Tract A, COS No. 2220, into 32 single-family residential lots. The subject property is located along the south side of Bridget Drive, approximately one-quarter mile east of its intersection with Story Mill Road. Mayor Youngman opened the public hearing. 07-16-2001 11 - It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the public hearing be continued to August 6. 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. Public hearinq - proposed 7.0% increase in water rates, effective on September 1 billin.n. This was the time and place set for the public hearing on a proposed 7-percent increase in water rates, effective on the September I billing, as set forth in Commission Resolution No. 3443, entitled: COMMISSION RESOLUTION NO. 3443 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ORDERING A PUBLIC HEARING BE HELD ON A PROPOSED SEVEN PERCENT (7.0%) INCREASE IN THE WATER RATE CHARGED TO CUSTOMERS OF THE MUNICIPAL WATER SYSTEM. Mayor Youngman opened the public hearing. Administrative Services Director Miral Gamradt presented the staff report, noting that his comments apply to both this item and the next item. He indicated efforts have been made over the past few years to ensure that inflationary increases are implemented annually. He stated that this change in. procedure was implemented because, many years ago, rates were not increased for decades and the result was very, very large increases. At that time, the public recognized the need for increased rates but asked that they be done on a regular basis and in small increments. In light of that request, staff has assigned an annual inflationary rate of 3 percent for all enterprise funds. In this instance, staff is proposing the 3-percent inflationary increase plus 4 percent, to be dedicated to financing the capital improvement program, which includes $5.7 million in improvements to be funded over the next five years. He stressed that, by paying cash for as many of the improvements as possible, the City is in a better financial position, and reduces the costs to taxpayers since financing costs are avoided. Mr. Jim Cannata, 608 West Babcock Street//1, stated he has spoken at the hearings for the past four or five years, but without impact on the proposed rate increases. He recognized that paying slightly more than $2.00 per day for water, sewer and garbage services is reasonable for essential health related services. He stated, however, that the proposed 7-percent increase this year is inappropriate since the sewer surcharge has been made permanent, thus increasing the burden to ratepayers. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that staff be directed to bring back a resolution setting the fees. 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. Public hearinQ - orooosed 3.0% increase in sewer rates, effective on September I billing This was the time and place set for the public hearing on a proposed 3-percent increase in sewer rates, effective on the September 1 billing, as set forth in Commission Resolution No. 3444, entitled: COMMISSION RESOLUTION NO. 3444 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ORDERING A PUBLIC HEARING BE HELD ON A PROPOSED THREE PERCENT (3.0%) 07-16-2001 12- INCREASE IN THE WASTEWATER (SEWER) BASE RATE CHARGED TO CUSTOMERS OF THE MUNICIPAL WASTEWATER (SEWER) SYSTEM. Mayor Youngman opened the public hearing. Administrative Services Director Miral Gamradt's comments in the previous agenda item pertain to this public hearing as well, noting that only an inflationary increase is being sought in this fund. City Manager Johnson entered into the record comments from Mr. Lou Spain, who voiced concern that if rates continue to increase, more and more wells will be drilled for irrigation and the result could be to draw down the groundwater level. Mr. Jon Gerster, 719 North Wallace Avenue, stated that retaining the surcharge when it was to expire has resulted in a feeling of betrayal for many residents. He recognized that there are good reasons for retaining the surcharge and suggested that the City do a news article so the general populace is better informed. Mr. Lowell Springer, 117 Hoffman, recognized the importance of regular rate increases, noting the alternatives are "pay now or pay later". He suggested that, in the summer, the sewer fees be based on the winter water usage to recognize the water used for irrigation. Mr. Steven Green, owner of Scrubby's Car Wash, stated he has been attending these rate hearings for the past eighteen years, to no avail. He noted that, since 1991, his sewer rate has increased 182 percent; and, if he had increased the costs of his car wash accordingly, what cost a quarter in 1991 would now cost 70 cents. He suggested that businesses which use vast amounts of water not pay the same increase as the smaller users, noting that his bill will increase $400. He concluded by questioning when the surcharge will be dropped. Administrative Services Director Gamradt stated that the existing rate structure was established in 1984, with only straight percentage increases over the years. He indicated that the summertime wastewater rates for residences are based on the average winter water usage; however, the commercial wastewater rates are based on actual water usage. He noted that the Director of Public Service may adjust the rate for a commercial activity upon receipt of a petition indicating that the rates are extraordinarily high. He then turned his attention to the surcharge, noting that it is currently being used to generate the $4 million match needed for the $5 million grant received last year for wastewater and stormwater improvements. Responding to Mayor Youngman, the Administrative Services Director stated that a car wash has an extremely high water consumption, and the 25-percent surcharge followed by a 20-percent surcharge on the wastewater rates has had a significant impact on those businesses. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. Commissioner Frost noted that he attended an infrastructure seminar at the NLC Congress of Cities, where the Mayor of Boston stressed the high costs involved in addressing decaying water and wastewater infrastructure. He concluded by voicing his support for funding of the capital improvement program and trying to stay on top of the community's needs. Mayor Youngman noted that the water conservation study is to be completed by this Fall, and suggested that it may include incentives for those businesses that retrofit to lower their water consumption. Commissioner Brown suggested the possibility of recycling some of the water at the car wash to decrease consumption. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that staff be directed to bring back a resolution setting the fees. 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. 07-16-2001 13- Public hearing - Zone Map Amendment - Cape-France Enterprises - amend zoning designation from "R-2a" to "R-O" on 15.23-acre parcel described as the north _+ 1,550feet of Lot 5, StoneRidge PUD Minor Subdivision No. I (along west side of North 19th Avenue lying between North 22nd Avenue and Wet Oak Street) (Z-01086) This was the time and place set for the public hearing on a Zone Map Amendment requested by Cape-France Enterprises under Application No. Z-01086, to amend the zoning designation from "R-2a", Residential--Single-family, Medium-density, to "R-O", Residential--Office, on a 15.23-acre parcel described as the north ± 1,550 feet of Lot 5, StoneRidge PUD Minor SubdivisionNo. 1. The subject property is located along the west side of North 19th Avenue, between North 22nd Avenue and West Oak Street. Assistant Planner Jami Morris presented the staff report. She noted the subject property lies along the west side of North 19th Avenue between West Oak Street and North 22nd Avenue. The master plan designates this area as urban residential infill, and the requested "R-O" zoning complies with that land use designation. The Assistant Planner stated that staff has evaluated the changes in use that would be allowed under this application, and a table is included in the staff report outlining those changes. Also, staff has evaluated this application in light of the twelve criteria contained in the zone code, and staff's comprehensive findings are contained in the written staff report. She concluded by forwarding staff's recommendation for approval of the rezoning. Responding to Commissioner Kirchhoff, the Assistant Planner indicated that under the "R-O" zoning designation, offices are the primary use; however, apartments over offices and apartment buildings are also allowed. Responding to Commissioner Smiley, Assistant Planner Jami Morris stated that staff feels office buildings would be more appropriate than more multi-family units in this area, and they would also provide an appropriate buffer between the existing single-family residences and North 19th Avenue and the mobile homes across the street. Planning Director Andy Epple stated that, when the applicants initially came through the planned unit development process, they proposed offices to West Oak Street and, at the public hearing, the residents in Brentwood Subdivision supported that proposal. He then noted that the residents have consistently said they don't want additional apartments, and the existing "R-2a" zoning will allow apartments and mobile homes on permanent foundations. Responding to Mayor Youngman, the Planning Director stated that the StoneRidge PUD is a very expansive planned unit development with multiple Phases, and the initial review of the project focused on Phases I and II, which have been developed. He stated that, at that time, the applicants recognized the need to come back and seek the "R-O" zoning on this property, which is the issue now before the Commission. Further responding to Mayor Youngman, the Planning Director cautioned that only zoning is being considered at this time and stated that completion of the trails and landscaping is more appropriately considered in conjunction with a specific development proposal. Mr. Lowell Springer, architect representing the applicant, indicated a willingness to respond to questions. He stated the applicant has been working to meet the conditions to which the Mayor referred. He indicated that Montana Power Company will run power to the area and wells will be drilled and landscaping installed in the next few weeks. Mr. Ed Schmitz, 1112 Mountain Ash, stated many people in Brentwood Subdivision have desirable homes, and they are concerned about this proposed rezoning because it does not include any specific proposal for development. He stated that he moved into this subdivision a year ago, and he is concerned that if this adjacent property is improperly handled, the result will not be good for the homeowners. He characterized an office building as a positive, but a duplex as a negative. 07-16-2001 14- Mr. Bill O'Connor, 1108 Mountain Ash, asked what will happen along Catron Creek and asked what types of development are allowed under both zonings. Mr. Lowell Springer stated that the master plans for the entire StoneRidge complex are open for all of those interested in reviewing them. He noted that the buildings proposed in this complex between Brentwood and North 19th Avenue are to be transitional office buildings. He indicated that these buildings, coupled with trees, should serve as an effective buffer for the single-family homes. He then indicated that the area along the stream is to be landscaped in a 70-foot width, with a trail that will eventually lead to a regional park. He indicated that the buildings in this area are to be no more than 38 feet high at the peak, which means they will be no higher than the homes. Planning Director Epple stated that the PUD guidelines for StoneRidge specifically talk about offices, not apartments, in this area. Responding to the Mayor, he confirmed that those guidelines could be the basis for denying apartments within the requested "R-O" zoning. It was moved by Commissioner Brown, seconded by Commissioner Frost, that the Zone Map Amendment requested by Cape-France Enterprises under Application No. Z-01086, to amend the zoning designation from "R-2a" to "R-O" on a 15.23-acre parcel described as the north + 1,550feet of Lot 5, StoneRidge PUD Minor Subdivision No. 1, be approved and that staff be directed to bring back an ordinance for Commission consideration. 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. Break - 8:05 to 8:10 p.m. Mayor Youngman declared a break from 8:05 p.m. to 8:10 p.m., in accordance with Commission policy. Public hearing! - Preliminary plat for minor subdivision - divide 0.34 acres described as Lot 1, Block 4, Babcock and Davis Addition, into two lots - C&H Engineering for Don Jackson {northeast corner of intersection of East Davis Street and North Ida Avenue) (P-0118) This was the time and place set for the public hearing on the preliminary plat for a minor subdivision to divide 0.34 acres described as Lot 1, Block 4, Babcock and Davis Addition, into two lots, as requested by C&H Engineering for Don Jackson under Application No. P-0118. The subject property is located at the northeast corner of the intersection of East Davis Street and North Ida Avenue. Mayor Youngman opened the public hearing. Assistant Planner Jami Morris presented the staff report. She stated that the subject property is located at the northeast corner of the intersection of East Davis Street and North Ida Avenue. There is currently a multi-family dwelling on the property, and the applicant proposes to subdivide the lot into two lots with the second lot being 5,000 square feet, upon which a single-family house can be constructed. The Assistant Planner stated 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. She briefly highlighted the findings, and forwarded staff's recommendation for approval, subject to eleven conditions. Mr. Mark Chandler, C&H Engineering, stated concurrence with the staff report and indicated a willingness to respond to questions. No one was present to speak in opposition to the requested preliminary plat. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the preliminary plat for a minor subdivision to divide 0.34 acres described as Lot 1, Block 4, Babcock and Davis 07-16-2001 15- Addition, into two lots, as requested by C&H Engineering for Don Jackson under Application No. P-0118, be approved subject to the following conditions: The property owner shall install a water main extension from the 6-inch water main in East Davis. Sanitary sewer service shall be provided from the 6-inch main in Ida Avenue. The sewer stub will be installed to the property line at the owner's expense. Prior to issuance of a building permit, water and sanitary sewer services must be available. Plans and specifications and a detailed design report for the water main extensions, prepared by a Professional Engineer, shall be provided to and approved by the City Engineer and the Montana Department of Environmental Quality. The applicant shall also provide professional engineering services for construction inspection, post-construction, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre- construction conference has been conducted. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements. The water main improvements shall be financially guaranteed or constructed prior to final plat approval. The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted proposed. Applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of SIDs for the following: a) Street improvements to include paving, curb and gutter, sidewalk and storm drainage improvements and any associated traffic signals for North Ida Avenue. The documents filed shall specify that in the event an S.I.D. is not utilized for the completion of these improvements, the developer agrees to participate in an alternate 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. The final plat shall conform to all requirements of the Bozeman Area Subdivision Regulations and the Uniform Standards for Final Subdivision Plats and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The final plat application shall include two (2) signed reproducible copies on a stable base polyester film (or equivalent); two (2) digital copies on a double-sided, high density 3 ~-inch floppy disk; and five (5) paper prints. Conditional approval of the preliminary plat shall be in force for not more than three calendar years, as provided by State statute. Prior to that expiration date, the developer may submit a letter of request for the extension of the period to the Planning Director for the City Commission's consideration. 07-1 6-2001 -16- 10. If it is the developer's intent to file the plat prior to the completion of all required improvements, an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150% of the cost of the remaining improvements. 11. The plans and specifications for the project infrastructure must be adequately dimensioned and clearly indicate the extent of all improvements proposed. The plans must clearly show the location of and distinction between existing and proposed sewer/water mains, joint service trench detail, and easements, as well as nearby and proposed fire hydrants. All infrastructure improvements required of the development including water and sewer main extensions, public streets, sidewalks and related storm drainage infrastructure improvements shall be constructed or financially guaranteed prior to final plat approval. No building permits will be issued prior to completion and City of Bozeman acceptance of said infrastructure improvements. 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. Continued public hearinq - Request for modification of Condition No. 8 of approval for Kagy Crossroads Subdivision - C&H Engineering for David Cecich - requiring approval of cost sharing prior to installation of certain water mains (southwest corner of intersection of South 19th Avenue and Remington Way) (P-9751A) This was the time and place set for the continued public hearing on the request for modification of Condition No. 8 of approval for the Kagy Crossroads Subdivision under Application No. P-9751A, as requested by C&H Engineering for David Cecich, requiring the approval of cost sharing prior to installation of certain water mains. The subject property is located at the southwest corner of the intersection of South 19th Avenue and Remington Way. Mayor Youngman reopened the continued public hearing. Associate Planner Chris Saunders presented the staff report. He reminded the Commission that this subdivision was approved in 1997. Approval of the preliminary plat included several conditions, including Condition No. 8, which reads: "Regarding any over-sizing agreement with the City for installation of the required 24-inch water main: Any such agreement must be approved by the City Commission and must be executed prior to approval of the plans and specifications for the water main extension. This agreement shall define the terms under which, and the extent to which, the City will participate in the payback of the oversized portion of the main. The final amount paid by the City will be based on the actual bid prices obtained by the developer. Only the water main in South 19th Avenue will be considered in the agreement. The City will pay only for the cost difference between the main size needed to serve this development and the 24-inch master-planned water main. The calculations and assumptions used to establish the main size required by the development shall be approved by the City Engineering Department prior to plan and specification approval." The applicant is seeking a modification to that condition to allow the negotiation of impact fee credits until the time of City acceptance of the line for that portion of the 24-inch waterline which represents oversizing of the line, since only an 8-inch line is needed for this subdivision. He indicated that the Development Review Committee has no objection to the request, and the Planning Board has recommended approval. Mr. Mark Chandler, C&H Engineering and Surveying, noted that, under the impact fee program, the City has paid the cost difference between the oversized line installed and the actual size of line needed to serve a specific project. He stated that the original condition was that impact fee credits could be sought prior to plan and specification approval, with the credits based on bid prices. He noted that the developer cannot get a bid price until the plans and specifications are approved by the 07-16-2001 -17- City and the State, thus creating a "catch 22" situation. He suggested that the requested revision to the condition will allow for cost reimbursement on the appropriate basis and in the appropriate manner. He indicated that the contractor is ready to construct the waterline at this time, with the street being closed beginning tomorrow morning. No one was present to speak in opposition to the requested modification. Associate Planner Chris Saunders stated that, assuming the Commission approves the requested modification, the applicant has provided the necessary bid materials, which the City Engineer has reviewed and found to be in order. He forwarded the applicant's request that the City participate in the cost of the line installation in the amount of $91,710. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the request for modification of Condition No. 8 be approved, so that the condition shall read as follows: Regarding any over-sizing agreement with the City for installation of the required 24- inch water main: Any such agreement must be approved by the City Commission and must be executed prior to ~.pprov~.l ,,f the~,o, ..... ,o o, ,d o~o,.,,,~o,,v,~$ ,v, ~ii~ :ac~ept~hce bf the water main extension. -T-I'ris If such agteeme~i?i~!~approved; this agreement shall define the terms under which, and the extent to which, the City will participate in the payback of the oversized portion of the main. The final amount paid by the City will be based on the actual bid prices obtained by the developer. Only the water main in South 19th Avenue will be considered in the agreement. The City will pay only for the cost difference between the main size needed to serve this development and the 24- inch master-planned water main. The calculations and assumptions used to establish the main size required by the development shall be approved by the City Engineering Department prior to plan and specification approval. 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. Associate Planner Chris Saunders characterized the second part of this application as containing a number of twists. He stated that the subject project is currently on the list of capital improvement projects for the water impact fee program. The applicant cannot request impact fee credits because of the timing involved; however, this does not preclude the Commission from offering those credits. He cautioned that, if the Commission approves this request, the applicant has also asked that the amount be paid in cash rather than in impact fee credits; and the funding source must be identified since impact fees are currently frozen. Mr. Mark Chandler, consulting engineer representing the applicant, confirmed the applicant's interest in receiving payment rather than impact fee credits. He noted that the applicant already has a significant amount of impact fee credits from installation of the traffic signal at the intersection of South 19th Avenue and Kagy Boulevard, and he is concerned about the future of impact fees. Mr. Dave Cecich, applicant, stated he already has a $187,000 impact fee credit for the traffic signal, and he is nervous about adding $91,000 to that total, particularly in light of the litigation surrounding them. He noted that he has already spent the money, and the pipe is sitting in a lot on South 19th Avenue awaiting installation. He concluded by reiterating his request for payment rather than credits. At Commissioner Frost's request, the Associate Planner reviewed the provisions of Ordinance No. 1471, which require that an applicant file a request for credits not later than initiation of construction; and, in this instance both the preconstruction meeting and the storing of materials were completed prior to the request being submitted. He stated this provision serves as a safeguard to prevent people from initiating expensive improvements and then seeking impact fee credits; but this provision does not preclude the City from offering the credits. He recognized that the condition for this subdivision was not well crafted, and noted the ease with which the date for requesting credits was missed. 07-16-2001 -18- Responding to Commissioner Kirchhoff, the Associate Planner stated that there are eight or nine impact fee credits outstanding, and two or three have been paid out. Also, there are probably half a dozen paybacks currently outstanding. Director of Public Service Debbie Arkell stated she has not previously seen this request, and needs an opportunity to look at the budget to see if the monies are available. She cautioned that, if the project is not listed in the capital improvement program budget and extra monies are not available in the budget, funding of a cash payback may not be possible. Commissioner Kirchhoff and Commissioner Smiley voiced support for a payback, if possible; Director of Public Service Arkell indicated that she can have an answer by next week's meeting if the Commission wishes to delay the decision. Mr. Cecich voiced his appreciation for the City's attempts to accommodate him and this project. He indicated his willingness to wait a week for a decision, noting that a $91,000 impact fee credit will result in significantly tightening his budget and "put him in a squeeze". It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the public hearing be continued for one week, to give staff an opportunity to complete the necessary research. 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. Continued public hearing - Major Site Plan with Certificate of Appropriateness - Osco Drug for David and Lou Ann Wallin - allow demolition of existing automobile dealership and construction of drug store on Lot 1 and portion of Lot 2, Kirk's Subdivision No. 3 (1800 West Main Street) (Z-01043) City Manager Johnson noted that the Commission has received a letter from Albertsons, dated July 11, formally withdrawing its application for the Osco Drug project. He then recommended that the Commission table the application indefinitely in light of this letter. It was moved by Commissioner Brown, seconded by Commissioner Frost, that action on this Major Site Plan with Certificate of Appropriateness be tabled indefinitely. 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 - proposal to contract with former Historic Preservation Planner Derek Strahn to conduct project reviews and related duties until a replacement is hired This was the time and place set for the public hearing on a proposal to contract with former Historic Preservation Planner Derek Strahn to conduct project reviews and related duties until a replacement is hired. Mayor Youngman opened the public hearing. Planning Director Andy Epple stated that, in a memo dated July 11, he included the text from the Section 2-2-201, Montana Code Annotated, which precludes contracting with a former employee within six months following termination of employment unless the Commission waives the requirement following a public hearing and determining that certain criteria have been met. The Planning Director stated that Derek Strahn left City employment last month, and the Planning Office is now in "a bit of a crisis situation" with historic reviews. He noted that, prior to leaving, Mr. Strahn provided comments on seven or eight projects, which other planners are now carrying through the system; and those review are now nearing completion. He stated that, without the Planning Office's ability to conduct valid historic reviews, some projects may be unnecessarily delayed. He indicated that he has reviewed this request against the four criteria contained in the State statute, and his findings are contained in his memo. He concluded by stating he feels it is in the public's interest to establish a contractual relationship with Mr. Strahn to provide an acceptable level of historic reviews. 07-16-2001 19- Responding to Commissioner Frost, City Attorney Luwe stated that a contract, including the hourly rate, will be submitted to the Commission for action. Mr. Chris Nixon, 719 North Wallace Avenue, voiced his support for retaining Derek Strahn on contract. Mr. Shaws Hobson, 601 East Cottonwood Street, also voiced support for contracting with Mr. Strahn. No one was present to speak in opposition to the proposal to contract with Mr. Strahn. idea. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Commission waive the statutory requirements and direct staff to prepare a contract with former Historic PreservatiOn Planner Derek Strahn for Commission consideration. 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. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1) Invitation to attend the brown bag lunch scheduled for noon on Wednesday, July 18, as sponsored by the City-County Health Department. (2) Letter from the Montana Department of Fish, Wildlife and Parks, dated July 5, announcing that the Canada geese at the East Gallatin Recreation Area are to be relocated to the Canyon Ferry Waterfowl Management Area near Townsend. (3) Copy of the draft ordinance regarding solid waste collection revisions, which will be considered at next week's meeting. City Attorney Luwe asked that, if the Commissioners have any questions, they contact staff members prior to next week's meeting. Director of Public Service Arkell noted that, in addition to exclusive hauler rights, this ordinance was to restrict use at the landfill to city residents only; however, staff backed off from that provision when it found that capacity of the cell at the Logan landfill is essentially the same as the City's. (4) Additional input from Erica Skinger, 810 North 7th Avenue, regarding the proposed noise ordinance. (5) Notice of the annual City picnic scheduled for Thursday, July 19, at Bogert Park. (6) Copy of a letter to property owners requiring that all obstructions in the north/south alley in Block 19, Capitol Hill Addition, be removed. (7) Memos from the Montana League of Cities and Towns (a) announcing the District 10 meeting scheduled for 2:30 p.m. on Thursday, July 19, in the Commission Room; (b) announcing the energy conservation program scheduled for July 24 in Helena; (c) providing a budget update; and (d) announcing the 2001 annual conference, scheduled for October 3 through 5 in Great Falls. Mayor Youngman asked if any of the Commissioners will be able to attend the district meeting; Commissioner Brown indicated he will attempt to do so. The City Manager noted that several staff members will be in attendance. 07-16-2001 - 20 - (8) Copy of a letter from Cindy Younkin, Moore, O'Connell & Refling, dated May 22, to Director of Public Service Arkell, providing a response to the Mission Canyon Formation Water Supply Study. (9) Listing of planning projects for upcoming Commission meetings. (10) Minutes from the Gallatin City-County Health Board meeting held on May 24, 2001. (11 ) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, July 17, at West Yellowstone. (12) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, July 17, at the Professional Building. (13) Agenda for the City Planning Board meeting to be held at 7:00 p.m. on Tuesday, July 17, in the Commission Room. (14) Revised agenda for the Transportation Coordinating Committee meeting to be held at 9:30 a.m. on Wednesday, July 18, in the Commission Room. (15) City Manager Johnson noted he will be attending the Chamber of Commerce Board meeting tomorrow morning and asked if any issues should be raised. Mayor Youngman suggested that the recent All America City designation should be discussed. (16) Planning Director Epple submitted the following. (1) Stated he has received a verbal commitment from an individual who has been offered the position of Historic Preservation Officer, beginning August 27. (2) Noted that at tomorrow night's meeting, it is anticipated the City Planning Board will forward the 2020 Plan to the Commission, possibly with some slight modifications, for its hearings and consideration. He stated this is the culmination of a two-year process. (3) Stated that the coordinating committee between the City Planning and County Planning offices has had a few meetings, to ensure that a level of communication is maintained and to develop an intergovernmental agreement for review of projects in the former jurisdictional area. (4) Indicated that the land use mediation is nearing the mid-point in its one-year trial period, and he plans to give an update after the next meeting, which is scheduled for July 25. (17) City Attorney Luwe stated that he distributed copies of a letter to Elections Administrator Shelly Vance to the Commissioners and indicated he has not yet received a response. He noted that he has also requested a legislative history of the statute. (18) Director of Public Service Debbie Arkell stated that staff will be meeting with representatives from the State FEMA office on Wednesday regarding funds for the snow storm clean- up. At the present time, bids are being sought for street tree trimming, and crews are in the process of picking up the tree trimmings that have been left in the street. Also, the City crews are trimming the most visible and dangerous broken limbs and tree trunks along the streets and a private contractor has been hired to do trimming in the City parks. She reported that, to date, 2800 private citizens have taken over 600 tons of branches to the landfill, and City crews have taken over 1,000 tons. ( 1 9) Mayor Youngman submitted the following. (1) Stated she has received a telephone call asking that, now that the new transportation plan has been adopted, monies be budgeted for bike lanes. She proposed that monies be budgeted annually in the capital improvement program, beginning next year, to implement bike lanes. (2) Noted she has reminded staff that the next phase of traffic calming near Kirk Park needs to be undertaken, with the first step being traffic counts. She suggested that, since it seems most of the traffic on North 20th Avenue may be generated by the gas station, one simple and inexpensive solution might be to install a barricade at Durston Road to preclude going south from Durston Road. (3) Stated that the e-mail provider that both she and Commissioner Kirchhoff use is currently down, so any contacts should be by telephone. (4) Stated the Children's Museum is moving forward with fundraising activities, and they have their sights set on purchasing the old library building when the new library is completed. (5) Noted that a gentleman from Oakland, California, was vacationing in Bozeman last week. He was impressed with the City's winning the All 07-16-2001 -21 - America Award and the downtown improvement program. In fact, he was so impressed with the proposed enhancements that he donated $25 toward the historic lighting program. (20) Mayor Youngman stated she has received a couple calls about scheduling of the living wage ordinance and asked Commissioner Kirchhoff to follow up on that issue. City Manager Johnson suggested an interim committee approach might be appropriate on this item, noting an advertisement could be placed in the newspaper to ensure that all interested parties are represented. Mayor Youngman cautioned that the Community Mediation Center should be contacted to see if they can work with that approach. (21 ) Mayor Youngman stated that the first follow-up meeting for the All America Cities was held on Friday, and a lot of interest in that designation was shown. She reminded the Commissioners that the City entry in the Sweet Pea Parade will revolve around that designation and encouraged all Commissioners to participate. (22) Jon Gerster stated that he and Chris Nixon took a ride on the passenger train between Bozeman and Livingston. He noted that, during discussions with Montana Rail Link executives, they asked about the possibility of restoring passenger service, and the response was positive, as long as someone acquires and renovates the depot. He stated that he can also arrange for the Commissioners to go on a train ride if they wish. Adjournment - 9:20 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Smiley, that the meeting be adjourned. 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. ATTEST: ROBIN L. SULLIVAN Clerk of the Commission PREPARED BY: MARCIA B. YOUN~or KAREN L. DeLATHOWER Deputy Clerk of the Commission 07-16-2001