Loading...
HomeMy WebLinkAbout2001-06-25 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA June 25, 2001 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, June 25, 2001, at 6:00 pm. Present were Mayor Youngman, Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Assistant City Manager Brey, City Attorney Luwe, and Deputy Clerk of the Commission DeLathower. The meeting was opened with the Pledge of Allegiance and a moment of silence. Commissioner Kirchhoff requested Consent Item 4a., acknowledge receipt of staff report - request for annexation of 8.2 acres described as the north side of Baxter Lane, west of Thomas Drive, be removed for discussion. Minutes - January 18 and February 7, 2000, and January 30, April 20, April 30, May 7, May 29, June 11 and June 18, 2001 Mayor Youngman deferred action on the minutes of the meetings of January 18 and February 7, 2000, and January 30, April 20, April 30, May 7, May 29, June 11 and June 18, 2001 to a later date. Consent Items Assistant City Manager Brey presented to the Commission the following Consent Items. Commission Resolution No. 3448 - intent to annex 8.2 acres described as W%, E%, SE~, SW~, Section 35, TlS, R5E, MPM (north side of Baxter Lane, west of Thomas Drive); set public hearing for July 23 COMMISSION RESOLUTION NO. 3448 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. Acknowledge receipt of request for annexation of 16.92 acres described as 3017- 3205 West Babcock Street as submitted by Dennis Balian; refer to staff Award bid - 2001 Street Improvements - JTL Group, Inc., Bel.qrade, Montana - in the bid amount of $236,897.50 for Schedules I and II Ratify issuance of temporary Beer and Wine License - Rapture Productions, LLC - June 22 at the Gallatin County Fairgrounds Authorize City Manager to sign - Acce[~tance of Water Pipeline and Access Easement and Agreement - John M. and Donna R. Mandeville - 20-foot-wide easement across property located west of North 7th Avenue between Mandeville Lane and Red Wing Drive Commission Resolution No. 3449 - stating the City's intent to revise the 1990 Bozeman Area Master Plan Update by changing the land use designations from 06-25-2001 -2- "Public Open Space", "Rural Residential", "Urban Residential" and "Suburban Residential" to "Public Open Space", "Urban Residential", "Suburban Residential" and "Business Park" on 460.2971 acres described as a portion of the SE% and all of the SE~ of Section 34, TlS, R5E, and the NE% of Section 3, T2S, R5E MPM COMMISSION RESOLUTION NO. 3449 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, STATING THE CITY'S INTENT TO REVISE THE 1990 BOZEMAN AREA MASTER PLAN UPDATE BY CHANGING THE LAND USE DESIGNATIONS FROM "PUBLIC OPEN SPACE", "RURAL RESIDENTIAL", "URBAN RESIDENTIAL" AND "SUBURBAN RESIDENTIAL" TO "PUBLIC OPEN SPACE", "URBAN RESIDENTIAL", "SUBURBAN RESIDENTIAL" AND "BUSINESS PARK" ON 460.2971 ACRES DESCRIBED AS A PORTION OF THE SOUTHWEST ONE-QUARTER AND ALL OF THE SOUTHEAST ONE- QUARTER OF SECTION 34, TOWNSHIP I SOUTH, RANGE 5 EAST, AND THE NORTHEAST ONE-QUARTER OF SECTION 3, TOWNSHIP 2 SOUTH, RANGE 5 EAST, MONTANA PRINCIPAL MERIDIAN. 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. Discussion re support of proposed County resolution to place mill levy to fund emer.qency communications and records on ballot Included in the Commissioners' packets was a copy of the resolution which the County Commission will be considering at tomorrow's meeting. AsSistant City Manager Brey told the Commissioners that City Manager Johnson encourages Commission support of this resolution and suggests Commissioner Brown present the Commission's support to the County Commission at tomorrow's meeting. Commissioner Kirchhoff asked what the difference for city taxpayers will be. City Attorney Luwe replied he cannot provide the Commission with the exact dollar figures; but city taxpayers will now only pay one amount to fund the 9-1-1 Center, whereas now city residents pay toward the city portion as well as the county portion. Commissioner Smiley said something needs to be done to make support of the 9-1-1 Center more equitable for city residents. Commissioner Brown offered he believes this is a step in the right direction. This will allow 9-1-1 Center personnel to concentrate on their work rather than on fundraising activities. It was moved by Commissioner Frost, seconded by Commissioner Smiley, to support the proposed County resolution to place a mill levy to fund emergency communications and records on the ballot. 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. Acknowledge receipt of staff report - request for annexation of 8.2 acres described as W%, E~/2, SE%, SW~, Section 35, TlS, R5E, MPM (north side of Baxter Lane, west of Thomas Drive) (A- 0104) 06-25-2001 -3- Commissioner Kirchhoff stated the reason he asked to have this item removed from the Consent agenda is because he wants to communicate through staff to the applicant that at least one commissioner is interested in seeing a master planning of this area. Since several properties are proposing to be annexed in this area, it would behoove the City, particularly since the 2020 master plan is about to be adopted, to make it clear the City is interested in the master planning of this area, with the intent of creating a high level of interconnecting streets. Research by City staff indicates the basic unit of planning is 40 acres; it is difficult to master plan something smaller than that. He would like to encourage staff to encourage annexation applicants to master plan the entire area. Commissioner Frost voiced his agreement, noting there are small parcels, particularly on the northeast side of town, that have been developed without connectiveness to the rest of the community. With the adoption of the 2020 master plan, the City will be able to make sure there is a large enough planning area to encourage cohesive planning; and this is a good place to start, particularly since it is such a small parcel. He seconded Commissioner Kirchhoff's suggestion to staff to talk to the landowners to devise a master plan for this area. Commissioner Brown pointed out the Commission is only being asked to accept the staff report and asked what the Commissioners need to do now. Commissioner Kirchhoff replied he would like to seek voluntary cooperation from these landowners to talk to contiguous landowners and ask them what they plan to do with their land, then master plan the entire area together for the future. This project is in-fill, and he would like to determine how it will relate to what exists on the east and what is planned for the west. Commissioner Kirchhoff then asked if Planning staff would talk to these applicants about what he has proposed. Planning Director Epple replied this request is not inconsistent with direction provided by staff to these applicants. Staff will encourage the applicants to talk to the neighbors about future planning of this area, which would be in everyone's best interest. Trina Kallenbach stated they have entered into an agreement to purchase an easement to provide access to North 27 Avenue. A meeting was held with the adjoining landowners, most of whom expressed a desire to do something different with their property and inquiring what would be the best use of the land. One suggestion made was for the folks on Baxter Lane to rezone their property to increase property values. The neighbors are hoping to have another meeting in 10 days or so. Ms. Kallenbach asked if there is anything the Commission would like her to pass on or ask during that meeting. Commissioner Kirchhoff commended her for the good things she is doing and said he has no better suggestions for her to take back to the neighbors. His major concern is with creating a good transportation network, one that includes transportation alternatives and consistent streetscapes. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, to acknowledge receipt of this staff report 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 Smiley, Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, and Mayor Youngman; those voting No, none. Discussion re zoning options for retail size restrictions Included in the Commissioners' packets was a staff report prepared by Staff Attorney Tim Cooper. Staff Attorney Cooper stated the purpose of this report is to revisit and address the influx of value retailers. Its intent is to provide the Commission a presentation of various limitations used in other communities. Mr. Cooper then briefly introduced the legal framework of this kind of ordinance. Should the Commission decide to proceed with placing zoning limitations on retail uses, Planning staff will implement that plan within the constraints of the law. Staff Attorney Cooper recounted that several months ago staff had prepared a draft interim ordinance addressing retail size limitations and reminded the Commission that ordinance purported to 06-25-2001 -4- amend the B-2, B-3, and M-1 districts by limiting principal wholesale/retail sales uses to buildings not greater than 50,000 square feet gross floor area for a single tenant structure. Planning staff has pointed out the purpose of any such ordinance should be clearly defined. Mr. Cooper called attention to some sample communities included in his report, noting more than half drafted their ordinances to preserve existing businesses and because they did not want to become regional shopping centers. Approximately half of them limited application of their ordinance to business/non-residential districts, while the other half applied theirs community-wide. Commissioner Brown asked if those purposes are allowed by Montana law or are there purposes that would be excluded by Montana law. Staff Attorney Cooper responded that the statement from the New York Court of Appeals would be a good statement to apply to Montana law. The economic impact of losing businesses in the downtown would be a legitimate objective of the ordinance. Commissioner Kirchhoff commended Staff Attorney Cooper, stating the report was excellent and extremely helpful. It appears there are broad categories of reasons people would undertake regulating the size of commercial enterprises, and it is hard to choose which one is the single-most important one. He said it seems the Appellate Court of New York did the best job of connecting local businesses and their impact on the entire community, which begs the question of the Commission; "Given the substance of this report, do the Commissioners feel they need to make any kind of changes?" Commissioner Frost asked what the next step should be. City Attorney Luwe replied staff needs direction as to what the Commission wants included in an ordinance and when to draft that ordinance. Commissioner Smiley noted one of the concerns with these large stores is the abandoned store fronts. She asked the City Attorney's office to research and report to the Commission what can be done to prevent and control this from happening. Staff Attorney Cooper reported there are a few examples of attempts to deal with abandonment issues in his staff report. Commissioner Smiley said she feels she needs more information and suggested having another work session. Commissioner Brown agreed, but cautioned the Commission needs to be very careful they have a legitimate purpose in mind before enacting such limitations. Commissioner Brown then asked if there were other communities in Montana that have enacted size limitations. Associate Planner Saunders responded Bozeman currently utilizes a size cap in the B-1 zoned district. This is not new material, it would simply be applied in a different way. Mayor Youngman inquired if any other communities in Montana have enacted retail size regulations. Mr. Saunders answered most communities have some separation in their commercial districts. Commissioner Kirchhoff suggested the Commission needs to decide if it is content with the current policy or if changes need to be made. He questioned, if North 19th Avenue should be designated as a "big box zone", with new large-scale retail development limited to that area, or should that be revisited? Is it the Commission's desire to prohibit the growth of large-scale retail development or to contain it, design review it, and make it more compatible with the overall fabric of the community? And what about the extra-territorial region around the city; does the Commission need to have a discussion with the County Commission about that? By unanimous agreement, the Commissioners agreed to bring this issue forward for another work session in the near future. Appointments to boards and commissions: (A) Audit Committee, (B) Beautification Advisory Board, (C) Board of Ar)Deals, (D) Bozeman Area Bicycle Advisory Board, (E) City Planning Board, (F) Community Development Block Grant Economic Development Loan Review Committee, (G) Community Affordable Housing Advisory Board, (H) Design Review Board, {I) Downtown Bozeman Improvement District Board, (J) Downtown Business Improvement District Board, (K) Fire Code Board of Appeals, (L) Historic Preservation Advisory Board, (M) Library Board of Trustees, {N) Parking 06-25-2001 -5- Commission,(O) Recreation and Parks Advisory Board, (P) Senior Citizens' Advisory Board, (Q) Tax Increment Financial Industrial District (TIFID) Board, (R) Tree Advisory Board, and (S) Zoninq Commission Included in the Commissioners' packets was a memo from Deputy Clerk of the Commission DeLathower, dated June 21, forwarding a list of applicants for the various boards and commissions. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, to reappoint Vern Voegele to the Audit Committee, with a term to expire February 28, 2003. 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. It was moved by Commissioner Kirchhoff, seconded by Commissioner Frost, to reappoint Myles Eaton and Tamie L.H. Parker to the Beautification Advisory Board, each with a term to expire on June 30, 2004 and to appoint Laurie Simms to replace Christopher Nixon, with a term to expire on June 30, 2004. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Frost, Commissioner Brown, Commissioner Smiley, and Mayor Youngman. Those voting No. none. It was moved by Commissioner Kirchhoff, seconded by Commissioner Smiley, to appoint Felix Arnold to the Board of Appeals, to fill the construction vacancy, with a term to expire on December 31, 2003. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Smiley, Commissioner Brown, Commissioner Frost, and Mayor Youngman; those voting No, none. It was moved by Commissioner Frost, seconded by Commissioner Kirchhoff, to appoint Michael Herrick to the Bozeman Area Bicycle Advisory Board, to replace Alexandra Phillips, with a term to expire on December 31,2001. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Kirchhoff, Commissioner Brown, Commissioner Smiley, and Mayor Youngman. Those voting No, none. The appointments to the City Planning Board were postponed until July 2, 2001 to allow the Commission more time for research. Commissioner Kirchhoff moved, and Commissioner Frost seconded, to reappoint Gary Sisson to the Community Development Block Grant Economic Development Loan Review Committee, with a term to expire on June 30, 2003 and to appoint Steve Millikan to replace Greg Metzger, with a term to expire on June 30, 2003. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Frost, Commissioner Smiley, Commissioner Brown, and Mayor Youngman; those voting No, none. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, to reappoint Joan Davies to the Community Affordable Housing Advisory Board, with a term to expire December 30, 2004 and to appoint William "Dab" Dabney to replace Berit Manion, with a term to expire on June 30, 2004.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. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, to reappoint Bill Hanson, James Raznoff, and Henry Sorenson, Jr. to the Design Review Board, each with a term to expire June 30, 2003 and to appoint Nichole Wills to replace Melvin Howe, with a term to expire June 30, 2003. 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. Commissioner Kirchhoff moved, and Commissioner Smiley seconded, to reappoint Kathy Rinker to the Downtown Bozeman Improvement District Board, with a term to expire June 30, 2005 and to appoint Jeff Krogstad to replace John East and Dick Prugh to replace Wayne Gibson, each with a term to expire June 30, 2005. The motion carried by the following Aye and No vote: those voting Aye 06-25-2001 -6- being Commissioner Kirchhoff, Commissioner Smiley, Commissioner Frost, Commissioner Brown, and Mayor Youngman. Those voting No, none. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, to appoint Ileana Indreland to replace Mary Jane DiSanti on the Downtown Business Improvement District Board, with a term to expire on June 30, 2005. 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 and those voting No, none. There were no qualified applicants for the Fire Code Board of Appeals vacancy. It was moved by Commissioner Kirchhoff, seconded by Commissioner Smiley, to appoint the following to the Historic Preservation Advisory Board: Melissa McPherson Summerfield as an historic neighborhood representative and to replace John DeHaas, to appoint Jeff Rupp as an at-large representative to replace Rob Pertzborn, to appoint Laura Fedro as an at-large representative to replace Anna Lee ~Purdy, to appoint Ken Ryder as an historic neighborhood representative to replace Jayne Ellyn Scott and to reappoint Mara-Gai Katz, Richard Shanahan, James Webster, and Steven Tanner. All appointees were appointed to terms to expire on June 30, 2003. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Smiley, Commissioner Brown, Commissioner Frost, and Mayor Youngman, with those voting No, none. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, to appoint Robert Gutzman to replace Ron Farmer on the Library Board of Trustees, with a term to expire on June 30, 2006. 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. It was moved by Commissioner Frost, seconded by Commissioner Smiley, to reappoint Don McLaughlin and Chris Pope to the Parking Commission, with terms to expire on June 30, 2005. 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. The appointment of the student representative to the Recreation and Parks Advisory Board will be delayed since there are no applications at this time. It was moved by Commissioner Brown, seconded by Commissioner Smiley, to appoint Jean Thorson to replace Cleo Butler on the Senior Citizens' Advisory Board, with a term to expire December 31, 2001. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Frost, and Mayor Youngman; those voting No, none. Commissioner Kirchhoff moved, and Commissioner Smiley seconded, to appoint Felix Arnold as the at-large representative on the Tax Increment Financing Industrial District Board, with a term to expire December 31, 2004. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Smiley, Commissioner Brown, Commissioner Frost, and Mayor Youngman; those voting No, none. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, to reappoint Anne Foster and Frank Munshower to the Tree Advisory Board with terms to expire June 30, 2003 and to appoint Christopher Nixon to replace Jon Gerster, with a term to expire June 30, 2003. 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. The appointment to the Zoning Commission was postponed pending the appointment to the City Planning Board. 06-25-2001 Break - 7:30 pm Mayor Youngman declared a break from 7:30 pm until 7:40 pm, in accordance with Commission policy. Public hearing - preliminary municipal budget for Fiscal Year 2001-2007 Included in the Commissioners' packets was a copy of the public input received at the town meeting held on May 24, 2001. Mayor Youngman opened the public hearing. Administrative Services Director Gamradt distributed copies of his power point presentation. He highlighted that 145.97 mills is being recommended at this time, but that number will probably change once the final mill value is received. The state legislature made significant changes to the city's tax base, allowing for floating mills, which meant reducing the city's tax base and allowing the City Commission to increase the mills to compensate for that loss if they should choose to do so. This budget calls for an increase of $5.4 million over the FY 2001 budget, primarily because of costly infrastructure renovations and replacements. No public comment was received. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. Mayor Youngman pointed out that most cities include the costs associated with winning the Ali-America City Award, such as creating and installing post banners, in their budgets; although she is hoping businesses will step up and pay for a significant portion of these costs. She asked if these costs should be included in the Commission or City Manager budget. Administrative Services Director Gamradt replied the City has a contingency fund that will cover those expenses. Mayor Youngman then suggested the City is missing the best window of opportunity to bring in money to help meet the unmet needs of the community because there is no designated grant writer position. She then suggested funding a half-time grant writing position since current staff has insufficient time to devote to grant writing to take advantage of this opportunity to bring in additional dollars. Planning Director Epple noted Temporary Planner Caroline is applying for grants as she can, in a hit-or-miss fashion; but, he admitted, the City is missing opportunities because time does not allow for more than that. Assistant City Manager Brey suggested converting the half-time position vacancy in the Clerk of the Commission's office to a half-time grant writing position. By straw vote, it was unanimously agreed by the Commissioners to eliminate the half-time position in the Clerk of the Commission's office to accommodate a half-time grant writer position, with direction from staff as to how to proceed to accomplish that. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, to direct staff to bring back an appropriation resolution for Commission action. 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 hearing - intent to annex 460.2971 acres described as a portion of the SW~4 and all of the .SE~4 of Section 34, TlS, R5E, and the NE~ of Section 3, T2S, R5E, MPM (~enerally Iyin.c/between West Oak Street extended, Deadman's Gulch extended, North 27th Avenue extended and Harper Puckett Road extended) (A-0103) This was the time and place set for the public hearing on the intent to annex 460.2971 acres described as a portion of the Southwest one-quarter and all of the Southeast one-quarter of Section 34, Township 1 South, Range 5 East, and the Northeast one-quarter of Section 3, Township 2 South, Range 5 East, Montana Principal Meridian, under Commission Resolution No. 3442, entitled: 06-25-2001 -8- COMMISSION RESOLUTION NO. 3442 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. Mayor Youngman opened the public hearing. Mr. Dale Beland, planner for the project, presented the staff report. He noted that the subject property is generally located between West Oak Street extended, Deadman's Gulch extended, North 27th Avenue extended and Harper Puckett Road extended, and the annexation is being sought by WBC, L.P., under Application No. A-0103. He characterized this as a significant proposal, with the purpose of this annexation being to extend municipal services and upgrade and install roadways. Currently about one third of this property is outside the current boundaries of the water and wastewater plants. No written public testimony has been received. Mr. Beland noted the Development Review Committee comments are contained in the staff report, as are the staff recommendations. The Planning office recommends that the following issues be addressed prior to approval of the Annexation Agreement and formal annexation of the subject property: The development will have an immediate significant impact on the intersection of North 19th Avenue and Baxter Lane, beginning with the first construction vehicle. The applicant estimates 33,893 ADT at full buildout. Specific impacts to the intersection will not be known until the traffic impact study is submitted with a development proposal. However, the first phase of development will rely heavily on the intersection. The City has funded the design and improvements to this intersection. At this time, the City has expended approximately $42,500 more in design costs than estimated in the Urban Pilot Funds allocation. The Annexation Agreement shall advise the Applicant that "payback" to the City for their share of the signal may be required at the time of specific development. Access to this area is currently from a minimal county-standard paved road (Baxter Lane) and a county gravel road (Davis Lane). While Waivers of Right to Protest SlDs for future improvements to the streets are warranted at annexation, the developer has been previously advised that major improvements to the streets will be required with development of the property. The Annexation Agreement should also reference the need for future street improvements, so future property buyers will be aware of that need. The applicant shall provide executed Street and Utility Easements in the City- standard format for the following planned collector and arterial streets: i. Principal Arterials - 120 foot* future full width as follows: 1. Harper Puckett- 60 foot half width on west property boundary, north of Baxter Lane. 2. Oak Street - 60 foot half width on south property boundary. ii. Minor Arterials - 105 foot* future full width as follows: 1. Baxter Lane- 105 foot full width between Davis Lane and future Ferguson Road, and 52.5 foot half width from future Ferguson Road to west property boundary. 06-25-2001 -9- iii. Collectors - 90 foot* future full width as follows: 1. Deadman's Gulch - 45 foot half width on north property boundary. 2. Ferguson Road - 90 foot* full width through property north of Baxter Lane and 45 foot half width along west property boundary south of Baxter Lane. * Subject to adopted Transportation Plan standards. The applicant shall provide and file with the County Clerk and Recorder executed Waivers of Right to Protest Creation of Special Improvement Districts (SlDs) for the following: Street improvements to include paving, curb and gutter, sidewalk and storm drainage improvements and any associated traffic signals for the following streets: 1. Harper Puckett Road, 2. Oak Street, 3. Baxter Lane, 4. Davis Lane, 5. Deadman's Gulch Road, and 6. Ferguson Road. ii. Trunk sewer main improvements to serve the property as outlined in the Wastewater Facility Plan. iii. Trunk water main improvements to serve the property as outlined in the Water Facility Plan. 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 alternate financing method for the completion of said improvements on a fair share, proportionate basis based on the number of lots/tracts/parcels, front footage, square footage of property, traffic generation from the development, or a combination thereof. The applicant shall pay City street and fire impact fees as determined by the Impact Fee Coordinator for the existing residence located on the subject property. The applicant shall agree to pay cash in-lieu for water rights or provide water rights acceptable to the Director of Public Service in accordance with City policy. The following items are noted relative to this application and the City's Water and Wastewater Facility Plans: Approximately one-third of the subject property is outside of the 20 Year Planning Boundary as defined in the 1998 Wastewater Facility Plan. ii. Approximately half of the subject property is outside of the 20 Year Planning Boundary as identified in the Water Facility Plan. Accordingly, the Annexation Agreement should advise the landowner/future developers that a proposal to amend the Water and Wastewater Facility Plans by providing further study of the subject area located outside of the boundaries, to prove that additional land can be added into the service area without negatively impacting the services to be provided to land currently within the 06-25-2001 -10- planning boundaries, will be required prior to development of the land located outside the current facility planning boundary. The applicant shall dedicate or offer to sell to the City, at pre-development value, 10 to 15 acres for use of a public service complex or public service/fire station complex. 10. The applicant shall provide and file with the County Clerk and Recorder an executed Waiver of Right to Protest Creation of a Park Maintenance District. 11. Per Section 8.16.015 of the Bozeman Municipal Code, the City shall provide solid waste service to annexed areas. This would not apply to the existing residence on the property. Thus, all new construction within the annexed area must utilize City solid waste collection service. 12. The applicant is advised that the City does not encourage the use of sewage lift stations. If the City allows a lift station to serve any part of this annexation, the City may require the creation of a special maintenance district to cover the extraordinary expense of the operations and maintenance of such a facility. 13. The applicant shall submit an annexation map with a legal description of the property for use with the Annexation Agreement. The map must be supplied on a mylar for City records (18" by 24"), a reduced 8 ~" by 11" exhibit for filing with the Annexation Agreement at the County Clerk and Recorder's office, and a digital copy for the City Engineer's office. This map must be acceptable to the Director of Public Service and City Engineer's office and shall be submitted with the signed Annexation Agreement. 14. The applicant shall execute 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. James Nicholson, Morrison-Maierle, Inc., noted the lift station is being proposed because of the property to the west; it isn't feasible to put a gravity line through because of the several ditches. Commissioner Kirchhoff inquired as to what the trigger points would be for these recommendations. Mr. Beland stated that is the key concern with respect to such a large project; the best way to address that is with a major subdivision application. Bill Kreager, Director of Planning, Mithun Designers/Planners, Suite 200; Seattle, presented a power point presentation on the development. Pier 56, 1201 Alaskan Way, proposed Baxter Meadows Commissioner Kirchhoff asked about parking sites for the proposed cottage homes. Mr. Kreager replied parking for the cottage homes will be served off of the alleys, which will be a minimum of 24-feet wide to accommodate making 90 degree turns. Double garages are planned for every home in this development. Commissioner Kirchhoff then inquired as to the target market for these cottage homes, and he was told they will be primarily marketed to single mothers, newlyweds, and empty nesters. Commissioner Kirchhoff stated these are wonderful schemes built around densities and asked if there is any inclination to integrate densities. Mr. Kreager answered there is a planned separation or clustering of housing types. The estate homes are suburban because that is where the market is, and they are farthest from the core. He is hesitant to recommend "shaking up" the housing densities because he doesn't believe a market exists in Bozeman for that type of mixed housing. As development continues north, there is another whole neighborhood planned for a later phase in which densities could be varied dependent upon market demands. 06-25-2001 11 - Commissioner Kirchhoff then asked how they plan to control the final product, and how many lots will be for sale for development by other builders. Mr. Kreager responded that at this point, Williams Brothers plan to be the exclusive builders for these homes; but they may allow others to build the more speciality-type units, with review by design control committees to retain the vision. Commissioner Frost noted his main concern is through-street pedestrian safety, stating 120 foot rights-of-way are required for arterials. Mr. Kreager stated they will build the first two lanes with parking on both sides, pedestrian bulbs, and planter strips. There will be room to expand the rights- of-way by taking a portion of the planter strips, if necessary. They also plan to plant the street trees far enough off of the roadways to allow taking the planter strips without impacting the trees. Commissioner Frost stated his appreciation for this design, saying this is what the City is master planning for development within the city. Mayor Youngman asked what is planned in the initial phase for affordable housing for Iow- to moderate-income individuals. Mr. Kreager replied the cottage homes and about 148 Habitat for Humanity homes are being planned; they are trying to maximize the number of entry-level homes. They need to reach all bits of the market, from the very high end to the very entry level, to have out- of-the-gate success in order to make this development happen. Commissioner Kirchhoff suggested staff recommendations be expanded to gross densities of 8 units per acre, which is the minimum density for desirable walkability and transportation. Mr. Kreager said that depends upon how calculations are figured. In phase 1 there is 36 total acres; 24 of those are buildable and 12 are open space. If the open space, 100-acre park, and pocket parks were removed from consideration, they could easily reach that density. Not counting those open areas, phase 1 is planned to be 6.25 units per acre. Commissioner Frost asked why there are roundabouts located on the eastern edges of the development. Mr. Kreager answered they want to slow down the cars and make a definition of arrival; the same could be done on the western edge, but that is bordering the county where the densities are very Iow. They have not, however, completely ruled out roundabouts anywhere. Charles Kirk, representing the FORParks group, stated the group is all for it!! They like the idea of locating the 100-acre park in this location; it is a win/win situation for everyone. The developers have agreed to build a lake in the park; and the FORParks group has talked to the Montana Department of Fish, Wildlife, and Parks, and they have said this is an ideal location for wildlife, particularly if islands for nesting birds are included in the lake. There is discussion about a Belgrade to Bozeman trail, and that trail could connect through this area. Director of Public Service Arkell distributed copies of a memo written to the Development Review Committee in early May addressing impacts this size of annexation would have on city services. In response to comments from Commissioner Kirchhoff, Director of Public Service Arkell said the plans for the sewer and water facilities were done based on a small study area and parts of this property are outside that study's boundaries. Someone will need to further study these areas prior to development because it is unknown if the City will be able to serve this entire development or not. She stated it is time to put the landowner on notice that the City knows what can be done for water and wastewater services for one-half of this land, but the other half remains unknown. Commissioner Kirchhoff asked if she had a trigger point in mind, to which the Director of Public Service replied it would be at the time they develop outside of the study boundary. Commissioner Kirchhoff then inquired if phase one is wholly inside that boundary. Director of Public Service Arkell replied it isn't known for sure; when they complete the infrastructure plans it will show that. Myles Eaton, 2400 Durston Road, #4, asked what the expected population of the entire development is. Mr. Kreager replied it is approximately 5,000 people; 2300 units with an average of 2 plus residents per unit. The population could increase to 6,200 to 6,500 people if the density is increased, however. Mr. Eaton noted his concern is the impact a development of this size could have on the public safety departments, such as fire and police, and how this will affect the community as a whole. 06-25-2001 -12- Commissioner Frost noted the City is currently working on an interlocal agreement with the County and will need to extend infrastructure to areas that want to be annexed into the city. He asked if the City needs to look at longer range infrastructure service areas in order to be prepared for more large annexations like this one. Director of Public Service Arkell replied it is impossible to project how far out to plan when it is unknown who is going to build and develop property first. It is more practical to try to plan a year at a time. It is possible the City may reach the point of allowing no more subdivisions until the infrastructure can catch up. At the current rate of growth, it is projected that by 2010 a new water treatment plant will need to be constructed, which will be a big ticket item. It will be necessary to borrow from the state to construct the new plant, and then use taxes and user fees to pay that money back. Mayor Youngman noted that when discussions were held regarding the Bozeman Deaconess Foundation's project and annexation, the Commission included the requirement for a percentage of affordable housing as a condition of the annexation agreement. She suggested there needs to be something similar included in this agreement to ensure there is some affordable housing provided within this development. By straw vote, all the Commissioners agreed that was a good idea. Mr. Kreager responded affordable housing is based upon need, which is figured on relative percentages of mean income within a city. He noted 80 to 120 percent of median income residents can afford to purchase a home without assistance; 60 to 79 percent of median is more challenging and is where non-profit agencies come into play; and 40 to 59 percent of median income is where the requirement for public participation is found. Mayor Youngman stated the Foundation's condition included a requirement for 10 to 15 percent affordable units. She would like to set a required percentage of affordable units for this project as well, one that is not defined by median income categories. The Commission needs an assurance that something will happen to provide affordable housing regardless of how this plan goes forward. Mr. Kreager assured the Commission there is dedication by Mr. Williams to provide affordable housing in this development. He added the City's only hope for providing housing for those in the 40 to 60 percent median income group is to buy existing apartment complexes that are a little run down and renovate them. Mr. Williams stated he would like to commit to working with the Commission and staff to achieve mutual goals, but that commitment is dependent upon how much they are asked to donate. He would prefer to give the Commissioners his commitment that he will work diligently to provide affordable housing, rather than setting specific percentages or adding conditions at this time. If a condition is absolutely necessary, then he proposed one stating the parties will work together to achieve their mutual goals. Mayor Youngman responded she prefers something in writing that indicates there is an expectation that is consistent with Commission policies and the City's growth plan. City Attorney Luwe said he is not suggesting any conditions be written this evening. It would be better to have staff work with the applicant on the initial language, with the Commission making the final decision. Mr. Williams stated his agreement with that, noting staff has been very positive and cooperative. Commissioner Smiley added the Commission appreciates what the Williams' are doing - their willingness to dedicate lands for parks, a school, and a fire station - but history has shown the city to be negligent in providing housing for Iow- to moderate-income individuals and this is an attempt to turn that around. Mr. Williams replied if they don't have to dedicate 120 feet for streets, it will give them more ground to utilize for the fire station, the school, or affordable housing. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, to have staff bring back an annexation agreement, consistent with this evening's discussion, for review and possible action by the Commission. 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 - Master Plan Amendment - change land use designations from "Public Open Space", "Rural Residential", "Urban Residential" and "Suburban Residential" to "Public Open Space", "Urban 06-25-2001 -13- Residential", "Suburban Residential" and "Business Park" on 460.2971 acres described as a portion of the SW~ and all of the SE~ of Section 34, ¥1S, R5E, and the NE% of Section 3, T2S, R5E, MPM (_~enerallv IvinQ between West Oak Street extended, Deadman's Gulch extended, North 27th Avenue extended and Harper Puckett Road extended) (P-0110) This was the time and place set for the public hearing on the Master Plan Amendment requested by WBC, L.P., under Application No. P-0110, to change the land use designations from "Public Open Space", "Rural Residential", "Urban Residential" and "Suburban Residential" to "Public Open Space", "Urban Residential", "Suburban Residential" and "Business Park" on 460.2971 acres described as a portion of the Southwest one-quarter and all of the Southeast one-quarter of Section 34, Township 1 South, Range 5 East, and the Northeast one-quarter of Section 3, Township 2 South, Range 5 East, Montana Principal Meridian. The subject property is generally located between West Oak Street extended, Deadman's Gulch extended, North 27th Avenue extended, and Harper Puckett Road extended. Mayor Youngman opened the public hearing. Mr. Beland, planner for the project, presented the staff report. He noted Planning staff has reviewed the application against the established criteria and recommends approval. The Planning Board also recommends approval. No public testimony has been received. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Brown, seconded by Commissioner Frost, that upon annexation and the applicant providing to Planning staff an acceptable map and legal description, to direct staff to bring back, for possible action by the Commission, a resolution amending the master plan land use designation from "Public Open Space", "Rural Residential", "Urban Residential", and "Suburban Residential" to "Public Open Space", "Urban Residential", "Suburban Residential", and "Business Park". 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 - Zone Map Amendment - establish initial zoning designations of "R-S", Residential-- Suburban, "R-3", Residential--Medium-density, and "BP", Business Park, on 460.2971 acres described as a portion of the SW% and all of the SE% of Section 34, TlS, RSE, and the NE% of Section 3, T2S, RSE, MPM (Qenerally lying between West Oak Street extended, Deadman's Gulch extended, North 27th Avenue extended and Harper Puckett Road extended) (Z-01045) This was the time and place set for the public hearing on the Zone Map Amendment requested by WBC, L.P., under Application No. Z-01045, to establish initial zoning designations of "R-S",Residential--Suburban, "R-3", Residential--Medium-density, and "BP", Business Park, on 460.2971 acres described as a portion of the Southwest one-quarter and all of the Southeast one- quarter of Section 34, Township 1 South, Range 5 East, and the Northeast one-quarter of Section 3, Township 2 South, Range 5 East, Montana Principal Meridian. The subject property is generally located between West Oak Street extended, Deadman's Gulch extended, North 27th Avenue extended and Harper Puckett Road extended. Mayor Youngman opened the public hearing. Mr. Beland, planner for the project, presented the staff report. He noted Planning staff has reviewed this application in light of the established criteria and recommends approval. The Zoning Commission recommends approval, as well. No public testimony was received. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. 06-25-2001 14- It was moved by Commissioner Frost, seconded by Commissioner Smiley, to direct staff to bring back, for possible action by the Commission, an ordinance amending Bozeman's Zone Map to initially classify the land as "R-S", "R-3", and "B-P" as recommended by the Zoning Commission in Resolution Z-01045, after annexation, master plan amendment, and applicant providing an acceptable legal description. 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 10:02 pm Mayor Youngman declared a break from 10:02 pm until 10:06 pm, in accordance with Commission policy. Discussion - FYI Items Assistant City Manager Brey presented to the Commission the following "For Your Information" items. (1) Information regarding the tobacco merchant training scheduled for Thursday, as sponsored by the Adolescent Resource Center. (2) Letter from John Morrow, Managing Member of the Gallatin Mall Group, regarding the proposed noise ordinance. (3) Information on the proposed noise ordinance, as submitted by Erica Skinger. (4) Copies of input cards on the proposed WalMart Supercenter. (5)' Agenda for the County Commission meeting to be held at 9:00 am on Tuesday, June 26, at the Courthouse. (6) Agenda for the Development Review Committee meeting to be held at 10:00 am on Tuesday, June 26, at the Professional Building. (7) Agenda for the Design Review Board meeting to be held at 3:30 pm on Tuesday, June 26, at the Professional Building. During her FYI, Commissioner Smiley thanked Mayor Youngman for all her work in preparing for the Ali-America City competition in Atlanta. Director of Public Service Arkell offered the following FYI items: 1) Presented an update on the June 13th spring storm cleanup. FEMA is conducting a preliminary disaster assessment, and it is believed the city will be eligible for federal disaster relief monies. $95,000 is the current estimate for clean-up costs, which won't include such costs as regular pay for employees who are working on this project rather than their regular employment chores. City Attorney Luwe added the City does have property insurance on its trees, if they are not covered by FEMA. If not covered by FEMA and if they rise above the deductible, the costs for replacing damaged or killed trees will be submitted to MMIA for payment. Director of Public Service Arkell continued, saying if the city is declared a disaster area, it will be eligible to recover 75 percent of the clean-up costs from federal funds. The City can continue to do the cleanup work with the current crew, which will take 12 to 15 months to complete or the City can contract with Asplunhd Tree Service to help with the trimming and chipping, which is being done right now in a limited fashion. There is concern about fire potential, particularly from July 4th fireworks, because the downed trees are very dry now and won't be picked up until after the 4th of July. Staff is hoping to receive the disaster area declaration from the Governor the week of July 9th. Commissioner Smiley asked Director of Public Service Arkell to pass on to staff a huge "thank you" from the Commission for their efforts; they are appreciated. 06-25-2001 -15- Assistant City Manager Brey submitted the following FYI items: 1 ) Of the nine police officers involved in the recent kidnapping case, five were Bozeman police officers. 2) The high school parking district issue will come before the Commission on July 9th. During his FYI, Planning Director Epple noted the following: 1 ) The Planning Board has finalized its edits on the 2020 master plan and map. Staff hopes to have the final edits completed and the plan ready to be brought before the Commission in the next couple of weeks. City Attorney Luwe offered the following FYI item: Staff Attorney Day-Moore should be back in the office on Thursday, June 28th, but it will probably take her a couple of weeks to catch up on the workload. Commissioner Frost submitted the following during his FYI: 1 ) Attended the Soap Box Derby, which was a good event with a lot of young girls competing. He noted the cars were quite refined from when he built and raced his soap box car. 2) Met the Ali-America City competition contingent upon their arrival at the Gallatin airport. 3) The 2020 master plan has been sent to Helena for review, and it received very good reviews; it will set the state-wide standard. Planning Director Epple added they were told this is the best plan in the state; the best plan ever seen to date. During his FYI, Commissioner Brown submitted the following: 1) He will be out of town for the Senior Center Board meeting; Commissioner Kirchhoff offered to attend in his place. 2) The Senior Citizens' Advisory Board by-laws need to be amended. Mayor Youngman suggested he talk to Staff Attorney Day-Moore upon her return to clarify those items. Commissioner Kirchhoff offered the following FYI items: 1 ) The Commission needs to discuss the terms under which they are planning to have facilitation for the living wage ordinance. There are rumors the Bozeman Area Chamber of Commerce will not participate. He will be meeting with David Smith, Executive Director, tomorrow and needs direction before that meeting. Mayor Youngman stated the Chamber of Commerce must participate if they want to have any influence on the Commission. She also noted that all five Commissioners are on record supporting a living wage ordinance in some form. Commissioner Kirchhoff then restated, for clarification, that the Commission position is still strong; the Commission favors a living wage ordinance of some kind. 2) Received a call from a citizen suggesting city-owned sections of land in the Bozeman Creek area could be sold to the Forest Service and the proceeds used to purchase the SAE house. Planning Director Epple stated he has heard from a reliable source the SAE house has already been sold. Mayor Youngman showed the Ali-America Award plaque and other souvenirs from Atlanta during her FYI. Adjournment - 11:06 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Brown, seconded by Commissioner Kirchhoff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Kirchhoff, Commissioner Frost, Commi~ey, and Mayor Youngman; those voting No, none. ~/~,~,)~'~,~ MARCIA B. YOUNGI~AN,~Mayor ROI~IN L. SULLIVAN Clerk of the Commission PREPARED BY: Deputy Clerk of the Commission 06-25-2001