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HomeMy WebLinkAbout2005-03-21 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA March 21, 2005 ...************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, March 21, 2005, at 7:00 p.m. Present were Mayor Andrew Cetraro, Commissioner Jeff Krauss, Commissioner Marcia Youngman, Commissioner Steve Kirchhoff, Commissioner Lee Hietala, City Manager Chris Kukulski, Assistant City Manager Ron Brey, Director of Public Service Debbie Arkell, Director of Finance Anna Rosenberry, Director of Public Safety Mark Tymrak, Planning Director Andy Epple, City Attorney Paul Luwe and Clerk of the Commission Robin Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. ADDolntment to reolace Julia Hobson Haaaertv on the Local Government Study Commission It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that Marilou Turrentine be appointed to replace Julia Hobson Haggerty on the Local Government Study Commission. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, and Mayor Cetraro; those voting No, none. Minutes M Februarv 28. Februarv 28 Soecial Meetina. March 7, and March 14.2005 It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the minutes of the meetings of February 28, the special meeting on February 28, and March 14, 2005, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, and Mayor Cetraro; those voting No, none. Mayor Cetraro deferred action on the minutes of the meeting of March 7, 2005, to a later date. Consent Items City Manager Kukulski presented to the Commission the following Consent Item. Ordinance No. 1628 M extendina life of tax increment financina district as established under the Urban Renewal Plan: finallv adoot ORDINANCE NO. 1628 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, EXTENDING THE LIFE OF THE TAX INCREMENT FINANCING DISTRICT ESTABLISHED UNDER URBAN RENEWAL PLAN DATED NOVEMBER 1995. Ordinance No. 1629 M establishina initial munlcioal zonina desianation of "R-O". Residential Office. on 2.8 acres located along the northeast side of the frontaae road. Walker Prooertv Subdivision: finally adoot ORDINANCE NO. 1629 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP BY ESTABLISHING AN INITIAL MUNICIPAL ZONING DESIGNATION OF "RMO" (RESIDENTIAL OFFICE DISTRICT) ON 03-21-05 -2- 2.8 ACRES DESCRIBED AS LOT 2, BLOCK 5, WALKER PROPERTY SUBDIVISION PUD, LOCATED IN THE SW% OF SECTION 25, TiS, R5E, MPM, GALLATIN COUNTY, MONTANA. Ordinance No. 1630 M establishina initial municioal zonina desianation of "BM1". Nelahborhood Service, on 0.937 acres located alona the northeast side of the frontaae road. Walker Prooertv Subdivision: finally adopt ORDINANCE NO. 1630 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP BY ESTABLISHING AN INITIAL MUNICIPAL ZONING DESIGNATION OF "BM1" (NEIGHBORHOOD SERVICE DISTRICT) ON 0.937 ACRES DESCRIBED AS LOT 1A1, BLOCK 4, WALKER PROPERTY SUBDIVISION PUD, LOCATED IN THE SE% OF SECTION 26, TiS, R5E, MPM, GALLATIN COUNTY, MONTANA. Ordinance No. 1631 M orovidina for adoDtion of the model technical codes bv administrative order and settina offees by resolution: Drovisionallv adopt and brina back in two weeks for final adootion ORDINANCE NO. 1631 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, TO AMEND THE BOZEMAN MUNICIPAL CODE BY MODIFYING SECTIONS 15.01.010, 15.01.020,15.04.010,15.05.010,15.07.010, 15.08.010, 15.12.010, 1514.010, 15.16.010, 15.20.010 THROUGH 15.20.140, 15.28.010 THROUGH 15.28.070, AND 15.28.090 THROUGH 15.28.130; TO BRING THE CITY'S MECHANISM FOR ADOPTION OF THE MODEL TECHNICAL CODES INTO COMPLIANCE WITH CURRENT REQUIREMENTS OF THE STATE BUILDING CODES BUREAU FORA CERTIFIED LOCAL GOVERNMENT PROGRAM; BY ADDING SECTIONS 15.01.015, AND 15.02.010 THROUGH 15.02.030, PROVIDING FOR A DEFINITION AND ESTABLISHING A MECHANISM FOR BUILDING FEE CALCULATIONS AND FOR ADOPTION OF THOSE FEES BY RESOLUTION. AND BY REPEALING SECTIONS 15.08.020 THROUGH 15.08.190, 15.12.020, 15.12.030, 15.16.015 THROUGH 15.16.030, 15.24.010, 15.28.080, 15.30.010; TO ELIMINATE OUTDATED REQUIREMENTS AND PROVISIONS. Ordinance No. 1632 M establishina the "Office of the City Clerk": orovisionallvadoot and brina back in two weeks for final adootion ORDINANCE NO. 1632 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING A NEW CHAPTER 2.30, ENTITLED "OFFICE OF THE CITY CLERK"; BY AMENDING AND RENUMBERING SECTION 2.32.050, ESTABLISHING THE REQUIREMENT FORA BOND AND OATH; AND BY REPEALING SECTION 2.04.060. Commission Resolution No. 3783 M bond resolution for SID No. 683, West Babcock Street improvements COMMISSION RESOLUTION NO. 3783 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO $1 ,372,000 SPECIAL IMPROVEMENT DISTRICT NO. 683 BONDS; FIXING THE FORM AND DETAILS AND PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND SECURITY THEREFOR. Acknowledqe receiot of reauest for annexation M a 1.57Macre oarcellocated east of North 19th Avenue. south of West Stevens Street: Tract 19. Homesite Subdivision - Allied Enaineerina. Inc. for L.A.S.T.. LLC: refer to staff 03-21-05 ---- - 3 - Acknowledge receiot of reauest for annexation M a 268.4Macre oarcellocated west of South 19th Avenue. south of Stucky Road M Allied Enaineerlna, Inc. for JCD Develooment: refer to staff Acknowledae receiot of reauest for annexation M a 3.34Macre Darcel located at the intersection of West Babcock Street and Wllda Lane: Tracts 1 B. 7. and 8 Cahill Subdivision - MorrisonMMaierle, Inc. for John Helvey, SAAM Real Estate, and Dan Barnes: refer to staff Acknowledae receiot of reauest for annexation - a 206.17 -acre Darcel located between Interstate 90 and Red Wina Drive: State Lands East - State of Montana for DNRC: refer to staff Aoorove reauest from Heather and Sam Miller for threeMmonth extension of aDDroval of variance to allow driveway and oarkina soaces to be located in reauired side yard setback at 412 West Cleveland Street (CM04004) Authorize City Manaaer to sian M A(:Ireement M Glen Haven Prooerties. Inc. M 45MfootM wide riahtMofMwav for Parcel No. 16. West Babcock Street imorovements, and 10Mfoot wide temoorarv easement immediately south thereof (2928 West Babcock Street) Authorize City Manater to sian M AcceDtance of Linear Park, Public Access and Utility Easement - T e Village Investment Grouo, Inc. M easement of varvina widths across Lot 5, Vlllaae Boulevard Minor Subdivision No. 344 Authorize Cltv Manaaer to sian M AcceDtance of Public Street Easement M 30-foot-wide striD throuah vacated oortion of West Lincoln Street extendina west from South 5th Avenue aooroximatelv 143 feet Authorize City Manaaer to sian - letter of suooort to the Neiahborhood Reinvestment Corooration for admission of HRDC as a member to reoresent southwestern Montana Authorize staff to submit oroiect information form for "Save America's Treasures" Qrant for the StOry Mansion Inc. Bozeman Buildina Division ReDort for Februarv 2005 Claims It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, 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 Kirchhoff, Commissioner Hietala, Commissioner Krauss, Commissioner Youngman, and Mayor Cetraro; those voting No, none. Public comment No comment was received under this agenda item. 03-21-05 ---.------- -4- Amendment to Bozeman 2020 Community Plan M amend land use desianation from "Business Park" to "Communitv Commercial" on::l: 31 acres bounded by West Main Street/Huffine Lane, Fallon Street, Ferauson Avenue. and Resort Drive M Michael W. Delanev and Ileana Indreland (PM04060) This was the time and place set for the continued public hearing on the amendment to the Bozeman 2020 Community Plan to amend the land use designation from "Business Park" to "Community Commercial" on :f:31 acres described as Lot 5, Spring Creek Village Resort Subdivision, as requested by Michael W. Delaney and Ileana Indreland under Application No. P-04060. The subject parcel is bounded by West Main StreeVHuffine lane, Fallon Street, Ferguson Avenue, and Resort Drive. Included in the Commissioners' packets was a request from the applicant that this public hearing be opened and continued to April 4. Public hearing Mayor Cetraro reopened the public hearing. It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the public hearing be continued to April 4, per the applicant's request. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, and Mayor Cetraro; those voting No, none. Certificate of ADDroDriateness to allow lawful establishment of existina basement aoartment. with deviations to allow a twoMhousehold dwellina on a lot that Is 10 feet narrower than the reauired 60M foot width M Marv Ann Childs for 705 South 5th Avenue (ZM04250) This was the time and place set for the public hearing on the Certificate of Appropriateness requested by Mary Ann Childs under Application No. Z-04250, to allow the lawful establishment of an existing basement apartment on Lots 3 and 4, Block 47, Park Addition, with a deviation from Section 18.16.040, Bozeman Municipal Code, to allow a two-household dwelling on a lot that is 10 feet narrower than the required 60-foot width. The subject property is located at 705 South 5th Avenue. Included in the Commissioners' packets was a memo from Planning staff requesting that this pUblic hearing be continued to April 18 to give staff to work with the applicant. Public hearing Mayor Cetaro opened the public hearing. It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the public hearing be continued to April 18 per staff's request. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, and Mayor Cetraro; those voting No, none. Variance to allow residential condominium develoDment alona Haaaertv Lane at Ellis Street extended with the continuation of a Level of Service "F" at the intersection of Haaaertv Lane and East Main Street M Allied Enalneerina for Montana Partners 1. LLC (CM05002) This was the time and place set for the public hearing on the variance from Section 18.44.060.D., Bozeman Municipal Code, as requested by Allied Engineering for Montana Partners 1, LLC, under Application No. C-05002, to allow construction of a residential condominium development on 8.99 acres described as Film 71, Page 1010, with continuation of a Level of Service "F" at the intersection of Haggerty Lane and East Main Street. The subject property is located between 1-90 and Haggerty Lane at Ellis Street extended. Public hearing Mayor Cetraro opened the public hearing. 03-21-05 ----.--- -- --- - 5 - City Manager Chris Kukulski reminded the Commissioners that a zoning variance requires four affirmative votes for approval. Planner Ben Ehreth presented the staff report. He reminded the Commissioners that the applicant proposes to construct a 120-unit residential condominium project on the subject property. The intersection of Haggerty Lane and East Main Street currently operates at a level of service "F", and the applicant is requesting this variance to allow construction of his project while the intersection continues to operate at that level. He noted that traffic impact studies reveal this development will further contribute to the deficit operation of this intersection but that the level of service at other intersections will not be substantially degraded. The Planner then noted that the study further recommends the installation of a traffic signal at the intersection of Haggerty Lane and East Main Street; however, the Montana Department of Transportation will not approve that installation because of its proximity to the Interstate 90 interchange. Planner Ehreth stated that staff has reviewed this application in light of the criteria established by the Montana Supreme Court, and staff's comprehensive findings are contained in the written staff report. He the stated that, based on those findings and the unique circumstances that result from the Montana Department of Transportation's determination, staff supports the requested variance. Responding to Commissioner Kirchhoff, Planner Ehreth stated that the project has already gone through preliminary site plan review and, since a single lot is involved, the Planning Director has granted conditional approval of the plan. Further responding to Commissioner Kirchhoff, Project Engineer Bob Murray stated he has not given up on the potential for signalization of this intersection, particularly in light of the fact that Haggerty Lane is a minor arterial. He acknowledged that the Montana Department of Transportation has not given approval to date, but staff will pursue the issue further, particularly since Highland Boulevard is also a minor arterial with the hospital and medical services located along it. Responding to Commissioner Hietala, Project Engineer Murray confirmed that the applicant for this project has executed a waiver of right to protest the creation of a special improvement district for installation of a traffic signal. Mr. Chris Budeski, consulting engineer representing the applicant, indicated concurrence with the staff report and staff comments and willingness to respond to questions. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision Commissioner Youngman stated that she drove through the subject intersection at rush hour once today and found the Ellis Street and Highland Boulevard are operating at acceptable levels of service. She noted it is difficult to argue with the State and, as a result, finds that creates a hardship unique to this property. Commissioner Krauss stated that governmental action outside the control of the applicant or the City has created a situation for this site and this immediate area. He then indicated his support for the requested variance based on the existing circumstances, noting it is not contrary to public interest. It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the variance from Section 18.44.060.D., Bozeman Municipal Code, as requested by Allied Engineering for Montana Partners 1, LLC, under Application No. C-05002, to allow construction of a residential condominium development on 8.99 acres described as Film 71, Page 1010, with continuation of a Level of Service "F" at the intersection of Haggerty Lane and East Mai n Street, be approved. The motion carried by the followitr. Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchho , Commissioner Hietala, Commissioner Krauss, and Mayor Cetraro; those voting No, none. 03-21-05 ----------- - 6 - Variances to allow construction of new structure which encroaches 7 feet into the reauired 20-foot front yard setback, allow continued oarkina in the 15Mfoot corner side yard adiacent to West Beall Street. and allow backina into oublic riaht of way for youth center at 214 North 11th Avenue (CM05001) This was the time and place set for the public hearing on the request by Tu Mu Design Studio for First Baptist Church of Bozeman, under Application No. C-05001, to allow the construction of a youth center on 10 feet of Lot 14 and Lots 15 and 16, Block 12, Springbook Addition, with the following variances from the Bozeman Municipal Code: (1) from Section 18.16.050.A.1.b., to allow the new structure to encroach approximately 7 feet into the required 20-foot front yard setback; (2) from Section 18.46.01 O.E., to allow parking within the 15-foot corner side yard setback; and from Section 18.46.020.0., to allow backing into the West Beall Street right-of-way. The subject property is located at 214 North 11 th Avenue. Public hearing Mayor Cetraro opened the public hearing. Planner Ben Ehreth presented the staff report. He reminded the Commissioners that in 2003, the applicants applied for re-use of the existing structure for a youth center; and the Commission approved that application on March 24, 2003. As the applicants began to remodel the former medical office, they found the structure was unsound and determined the best approach was to demolish the existing structure and construct a new one. The applicants are now seeking three deviations, to allow the structure to encroach 7 feet into the 20-foot front yard setback, to allow parking within the 15-foot corner side yard setback, and to allow backing into the West Beall Street right-of-way. He noted that North 11 th Avenue veers to the northwest near this property, creating an excessively wide boulevard in front of the property. He indicated there is currently an agreement, dated November 1, 1982, that allows the applicant to use all of the adjacent unimproved West Beall Street right-of-way for parking, but that agreement is revocable on 60-day notice. He stated that backing into the alley is an existing condition, consistent with other properties in the area. The Planner stated that the applicants propose to construct a new building within the confines of the original footprint, reducing the square footage to address parking concerns. Staff has reviewed this application in light of the applicable criteria, and staffs comprehensive findings are contained in the written staff report. Based on those findings, staff has forwarded a recommendation for approval in light of the unique circumstances. Mr. Bob Sabo, applicant, stated that construction of a new building on the site is not the church's first choice; however, it has been determined that is be best alternative for controlling costs and the schedule. He indicated that reducing the square footage of the structure by 600 feet will help to reduce the number of parking spaces but allow the building to be feasible. Dr. Richard Nichols stated he owns the adjacent property on the south, where the shared parking spot is propose. He has no problem with sharing the space but is concerned that he will lose ownership of the space; also, if the building sells or the hours of operation changes, he wants the option to terminate that agreement. He concluded by expressing his support for reconstruction of the building and operation of the youth facility as proposed. Mr. Frank Armknecht, 2001 Fairway Drive, stated he has owned the property to the north of this site for 25 years; and the trees that separate his property from this property are at least 35 years old. He expressed concern about the parking spaces for which the City apparently gave approval in 1982, noting that he was not asked to comment on that issue. He then stated his renters, many of whom have rented for 17 to 23 years, value the trees and the shade they provide. Mr. Bob Sabo responded to the issues raised, stating that the youth center is more than willing to write into the agreement that if the property is sold, Dr. Nichols has the right to reconsider sharing of the parking space. He noted that the City has already indicated the end parking space cannot be used, so the shared parking space is the best alternative. Planner Ehreth confirmed that the concern about the shared parking space can be written into the document itself. He then stated that staff has recommended the trees not be eliminated to provide additional parking. 03-21-05 -7- Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the request by Tu Mu Design Studio for First Baptist Church of Bozeman, under Application No. C-05001, to allow the construction of a youth center on 10 feet of Lot 14 and Lots 15 and 16, Block 12, Springbook Addition, with the following variances from the Bozeman Municipal Code: (1) from Section 18.16.050.A.1.b., to allow the new structure to encroach approximately 7 feet into the required 20-foot front yard setback; (2) from Section 18.46.010.E., to allow parking to park within the 15-foot corner side yard setback; and from Section 18.46.020.0., to allow backing into the West Beall Street right-of-way, be approved subject to the following conditions: 1. The applicant shall be subject to the requirements of Chapter 18.34 of the Bozeman Unified Development Ordinance for the proposed development. 2. The applicant shall not eliminate any of the existing mature trees within the unimproved West Beall Street right-of-way. 3. The applicant shall not remove any of the existing fencing within the unimproved West Beall Street right-of-way without written approval from the adjacent property owner to the north of the West Beall Street right-of-way. 4. The applicant shall meet the parking requirements, of the proposed use, if the existing agreement to utilize the entire West Beall Street right-of-way adjacent to the subject property is revoked. The applicant shall meet the parking requirements through measures identified in Chapter 18.46 of the Bozeman Unified Development Ordinance or obtain a variance from the parking requirements of Chapter 18.46 of the Bozeman Unified Development Ordinance upon revocation of the existing agreement. 5. All code provisions shall be met, the following provisions in particular: . 18.46.040 NUMBER OF PARKING SPACES REQUIRED. The required number of parking spaces shall be provided. Based on the square footage identified, 8 parking stalls will be required for the proposed use. The applicant has identified eight standard parking stalls to be provided on-site with 4 located within the West Beall Street right-of-way, in accordance with the existing agreement entered into on November 1 1982. The applicant has been notified that the existing mature trees within the West Beall Street right-of- way proposed to be removed for a parking stall shall remain. Therefore, the applicant is proposing to share at least one parking stall, with a neighboring property, so must meet the requirements of Sections 18.46.050 and 18.46.060 of the Bozeman Unified Development Ordinance. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, Commissioner Youngman, and Mayor Cetraro; those voting No, none. Conditional Use Permit with Certificate of ADorooriateness M allow reuse of an existina structure for a buffet and aamina oarlor with onMpremise consumotion of liauor In a Class 1 entrvwav corridor M Gaston Enaineerina & Survevina for Montana OODortunities. LLC (Lucky Lils) - 1510 North 19th Avenue (ZM05012) This was the time and place set for the decision on the Conditional Use Permit with Certificate of Appropriateness as requested by Gaston Engineering & Surveying for Montana Opportunities, LLC, under Application No. 2-05012, to allow for the re-use of the existing structure on Lot 7, Bridger Peaks Town 03-21-05 -8- Center P.U.D. Major Subdivision, Phase I, for a buffet and gaming parlor with on-premise consumption of alcoholic beverages. The subject property is located at 1510 North 19th Avenue. Decision. Distributed just prior to the meeting was a request from the applicants that this item be continued to April 18 to give them an opportunity to respond to the issues raised during the public hearing. It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the decision be delayed to the April 18 meeting, per the applicant's request. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, and Mayor Cetraro; those voting No, none. Reauest for vacation M West Beall Street from North 10th Avenue to the allev between North 10th Avenue and North 11th Avenue M McKinnon Baxter: Commission Resolution No. 3784 M statina intent to vacate and settina oublic hearina date Included in the Commissioners' packets was a copy of Commission Resolution No. 3784, entitled: COMMISSION RESOLUTION NO. 3784 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO DISCONTINUE, ABANDON AND VACATE THAT PORTION OF THE RIGHTMOFMWAY OF WEST BEALL STREET, EXTENDING APPROXIMATELY 100 FEET WEST FROM NORTH 10TH AVENUE, IN THE CITY OF BOZEMAN, MONTANA. Engineering Assistant Andy Kerr noted that McKinnon Baxter has requested the vacation of West Beall Street from North 10th Avenue to the alley between North 10th Avenue and North 11 th Avenue to facilitate further development of the property at 211 North 10th Avenue. He indicated that this subject street is in the vicinity of the youth center considered in one of the previous agenda items. Engineering Assistant Kerr stated that staff has reviewed this application, and several concerns have been identified in the written staff report. He noted that West Beall Street is a 12-foot-wide roadway with dirt/gravel surface, functionally serving as an alley that basically dead ends at the alley since the remainder of the road between the alley and North 11 th Avenue has been closed and is being used as a parking area. The adjoining property owner has consented to the proposed vacation; and the utility companies have consented to the street vacation. The Engineering Assistant forwarded staffs recommendation that the street not be vacated due to concerns that West Beall Street may be extended to North 11th Avenue for traffic circulation and access for emergency services. If the Commission chooses to proceed with the street vacation, he recommended that a 30-foot-wide easement be required for the existing water main within the street right-of-way as well as a 10-foot-wide pedestrian access easement. Responding to Commissioner Hietala, Engineering Assistant Kerr stated that vacation of this portion of West Beall Street would result in the north/south alley being continuous for approximately 550 feet. Mr. McKinnon Baxter, 4676 Chaparrel Way, stated he owns the property at 211 North 10th Avenue and distributed pictures of the site and the street right-of-way. He also submitted three letters of support from property owners in the immediate area, noting that two others support this requested street vacation as well. He then cautioned that if the street were to be extended to North 11 th Avenue some day, it would require the relocation of a fire hydrant and removal of trees; and six adjacent property owners would not be happy with that street extension. He acknowledged that the Fire Marshal had expressed concern about access if this street is vacated. Mr. Frank Armknecht stated he owns the property across the alley from the subject site. He noted that the street is now "more mud that dirt" with very little traffic on it. He urged the Commission to give favorable consideration to the requested street vacation, cautioning that the extension of West Beall Street 03-21-05 -9- to North 11 th Avenue could create safety issues since it would be immediately across the school where there is already a lot of traffic congestion. Mr. Bob Sabo spoke on behalf of the youth center, voicing his support for the requested street vacation. Dr. Richard Nichol noted his office is in close proximity to the subject street. He asked if this vacation would compromise emergency vehicle access to other properties in the area. He characterized the street right-of-way as a quagmire, grown up with weeds and little used. He stated that he occasionally cuts through on that right-of-way if the alley is blocked, but agrees that the street should not be extended to North 11 th Avenue. He concluded by asking the Commission to consider access to other properties in the area, including the youth center, the four-plex, and his offices, when making a decision on whether to vacate this street right-of-way. Mr. McKinnon Baxter stated that he purchased his property five years ago and has improved it over time. He noted his intent is to tear down the 1940s garage and eventually construct a nice home. Responding to questions from Commissioner Youngman, Engineering Assistant Kerr stated that the applicant would not be able to build in the right-of-way because of the easement requested by staff. He then noted that, if the right-of-way were vacated, the applicant could build to his lot line instead of observing the required 5-foot setback and the square footage of his lot would be increased by one-half the width of the right-of-way. Commissioner Krauss stated that providing for a gridded street pattern is critical and, as a result, he does not support vacation of this right-of-way. Commissioner Youngman stated she is not ready to give up public right-of-way and finds no compelling reason to do so in this instance. It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the Commission adopt Commission Resolution No. 3784, stating the City's intent to vacate West Beall Street from North 10th Avenue to the alley between North 10th Avenue and North 11 th Avenue and setting public hearing date for April 18, 2005. The motion failed by the following Aye and No vote: those voting Aye being Mayor Cetraro; those voting No being Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, and Commissioner Hietala. Commission Resolution No. 3782 M amendina the fee schedule for the review of zonina, subdivision, annexation. and arowth Dolley aoolications Included in the Commissioners' packets was a copy of Commission Resolution No. 3782, entitled: COMMISSION RESOLUTION NO. 3782 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE FEE SCHEDULE FOR THE REVIEW OF ZONING, SUBDIVISION, ANNEXATION AND GROWTH POLICY PROPOSALS, AS ALLOWED BY SECTIONS 7M14123(7), 76M3M201(4) AND 76-3-602, MONTANA CODE ANNOTATED (MCA) AND SECTION 18.64.140, BOZEMAN MUNICIPAL CODE. City Manager Kukulski reminded the Commissioners that they had seen this item a week ago. He noted the proposed increase in fees for various applications reviewed by the Planning office would generate revenues to cover approximately 26 percent of the total budget for the department, which is slightly over $900,000. He noted that the current fee structure generates approximately 7 percent of the revenues for various planning related issues, thus placing a disproportionate burden on the general fund taxpayer. He indicated that the fee increases, as proposed, are to become effective May 1, giving the community and developers four to six weeks to complete applications in process before the fees are enacted. Mr. Shawn Cote, Southwest Montana Building Industry Association, acknowledged the need to make the Planning Department more solvent; however, he cautioned these increases affect housing affordability. 03-21-05 - 10 - He then commended those who have noted that any increase in fees should be accompanied by increased efficiency and accountability. Responding to Commissioner Krauss, the City Manager indicated it should be easy to calculate the costs of reviewing the various types of applications and to identify where inefficiencies can be improved. He then suggested that, if the Commission wishes to do it, it may include a requirement for reporting back within a specific period of time. Commissioner Kirchhoff stated he's not certain that all of staff's time should be paid for by fees, but he does support having a higher percentage of the costs paid by fees. He then asked if some of the monies from the increase should be earmarked for increased capacity and efficiencies. City Manager Kukulski stated he had not anticipated the additional revenues would be earmarked for additional personnel or equipment, rather, the intent was to increase fees so they cover a higher percentage of the costs. He reminded the Commission that the fees charged for building inspections cover 100 percent of those costs. He stressed that in the Planning department, a review of staff hours has revealed a nearly even split between administration and applicant-driven reviews. Responding to comments from Commissioner Kirchhoff, the City Manager noted that he recently authorized the hiring of two additional people in the Building Inspection Division because of the workload, stating it is important to respond to the demands for service. He cautioned that, in this instance, it appears some of the inefficiencies stem from the unified development ordinance. Commissioner Kirchhoff stated that not every delay in a project's review and approval is from the City staff, and suggested that increased fees may help to increase the efficiency of the applicants as well. He concluded by acknowledging that accountability is essential. Mayor Cetraro stated that, if the City increases fees, it should be held accountable. He then identified the need to talk about responsibility and professionalism and indicated he does not support the proposed increase in fees. Commissioner Hietala stated that, by May 2, he would like to see a plan that shows how the fee increases will accelerate reviews and make operations more efficient and effective. Commissioner Youngman realized that the fees may be passed on to the purchaser, if that is what the market will bear. She noted, however, that under the current fee structure, existing taxpayers, including the elderly and young families, bear a large percentage of the costs of planning services. She finds the increase in fees is a responsible move and expressed her support for requesting an evaluation of services at the end of the year. Commissioner Hietala indicated his support for moving the increased fee schedule forward, but stressed the importance of a plan that identifies how the City's planning process is to be improved. City Manager Kukulski reminded the Commissioners that the unified development ordinance is going through extensive revisions at this time and aCknowledged that the revisions to the regulations create a level of frustration. He then stressed the importance of paying attention to both the direct and indirect costs of growth. Commissioner Krauss noted that, as he read in last year's budget, approximately $400,000 was transferred from the general fund, in addition to the 2 mills levied to support the planning operations. He characterized the fees as service fees, and asked if applicants are receiving the services they want. He suggested that identifying where the choke points are and where the inefficiencies lie will help to identify the need for increased fees. He concluded by noting the City needs to provide a service and charge a fair fee for it. Commissioner Kirchhoff noted the workload has increased, with much of that increase attributable to growth. He then stated that increased service demands are typically paid for through increased fees; and he is prepared to support the increased fees, recognizing that additional personnel and equipment may be needed to provide the desired level of service. 03-21-05 - 11 - Commissioner Youngman suggested that within the next year, fees will be closer to the level of services being provided. She then proposed that staff begin to consider ways to reward an applicant who comes in with everything done right, possibly through a two-tiered fee structure. It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the Commission adopt Commission Resolution No. 3782, amending the fee schedule for review of zoning, subdivision, annexation and growth policy applications, as revised to include a new Section 2 to read "Fee schedule shall be evaluated and compared to the costs of services and a report prepared for submission at the beginning of the Fiscal Year 2007 budget cycle." The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, and Commissioner Krauss; those voting No being Mayor Cetraro. Prooosal to use of Street ImDact Fees to fund oortion of the costs of imorovements to Valley Center Road/North 19th Avenue: Dosslble resolution to revise date for bond sale for Pooled SID Bonds for SID Nos. 675. 676. 677 and 678 Included in the Commissioners' packets was a memo from Director of Public Service Debbie Arkell forwarding staff's proposal to use Street Impact Fees to fund a portion of the costs of improvements to the Valley Center Road/North 19th Avenue corridor. Director of Public Service Debbie Arkell reminded the Commission that the Valley Center Road/ North 19th Avenue project has a long history, noting that staff has been working on it since 2000. She noted that in December 2004, the Commission adopted resolutions to create special improvement districts to partially fund the improvements, after developers agreed to contribute $1.6 million toward the project. She noted that the original plan for funding of the improvements included the use of impact fees; however, the Commission subsequently decided not to do so. On March 8, the single bid for the project was opened, and was $1.2 million over the engineer's estimate. Staff met with the consulting engineer and JTL Group, the lone bidder, to determine the reasons for the significantly higher bid, and found that the engineer's estimate was low because it was based on bids received for projects outside the Bozeman area. Staff has looked at the possibility of rebidding the project, but determined that any possible savings would be negated by the increased costs of waiting. The Director of Public Service stated that staff has also pursued other potential options for funding of the project, but found they were not feasible. In light of the fact that the City has reached a settlement with the plaintiffs in the impact fee lawsuit, contingent upon approval of the Judge, and the fact that this is a major route into the city, with growth continuing in the area, staff feels that the use of up to $1.5 million in impact fees for this project would be appropriate. Mr. Dan Fillinger, Arrowhead Development, noted that everyone has worked very hard to get this project off the ground and encouraged Commission support of this proposal Mr. Dan Madison expressed his support for the use of impact fees. He voiced concern that the current situation can create difficulties for emergency vehicles and suggested that the road improvements might help to reduce some of the road rage. Responding to questions from Commissioner Kirchhoff, Director of Public Service Debbie Arkell stated that urban funds are available for all street improvements on urban routes. She then noted that impact fees may be used for those projects listed in the capital improvement program. She stated that $1.1 million has been set aside for the South 19th Avenue improvements; however, that project will not be undertaken for some time and, in the meantime, additional impact fees will be paid. Responding to questions from Mayor Cetraro, Director of Public Service Arkell stated that the original proposal was to use $1.5 million in impact fees for this project but, when the resolutions for creation of the districts were brought forward, the Commission voted not to adopt them because the use of impact fee monies was determined to be risky at that time. Subsequently, the developers stepped forward and made up the difference so the special improvement districts could be created. City Engineer Rick Hixson stated that funding of portions of the improvements to West Babcock Street, Durston Road, North 19th Avenue and Valley Center Road will completely tap out the street impact fee fund, although that fund will rebuild with the payment of impact fees for new projects. 03-21-05 - 12 - Responding to questions from Commissioner Kirchhoff, Mr. David Crawford of Thomas, Dean & Hoskins acknowledged it is the consulting engineer's responsibility to ensure that the estimate is accurate. In this instance, when the estimates were done in November 2003, they used figures from rural road projects undertaken by the Montana Department of Transportation, which were significantly lower than those for an urban road. Also, he stated the unit costs used in the estimates were too low, due in part to the need for traffic control and the need to haul the materials away because of the lack of space for stockpiling. Further, prices skyrocketed, including the costs of diesel fuel. City Manager Kukulski expressed his appreciation for the consulting engineer's acceptance of responsibility. He then stated that he does not see any change in the trend of ever-increasing costs and encouraged the Commissioners to take the steps to move this project forward this summer. It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the Commission approve the use of up to $1.5 million in Street Impact Fees to fund a portion of the costs of improvements to the Valley Center Road/North 19th Avenue corridor. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, Commissioner Youngman and Mayor Cetraro; those voting No, none, It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the sale of the $3,001,000 Pooled Special Improvement District Bonds (675, 676, 677 and 678) be rescheduled to April 18 and that the Finance Director and Clerk of the commission be authorized to modify the notice of sale and publication dates accordingly. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, and Mayor Cetraro; those voting No, none. Re uests for Street 1m act Fee Credit .. SANDAN LLC in the amount of 50 000' Arrowhead Develo ment LLC in the amount of 200558.77' Yellowstone Mana ement in the amount of $318.392.50 Included in the Commissioners' packets was a memo forwarding applications from SANDAN, LLC, Arrowhead Development, LLC, and Yellowstone Management for impact fee credits for their contributions to the Valley Center Road/North 19th Avenue improvements, per the executed agreement. Associate Planner Chris Saunders stated that three separate applications are included in this request; however, they have been packaged together and tie to the previous agenda item. He stated these three requests for impact fee credits are in accordance with the agreement executed by private developers to ensure that these street improvements would be completed. Staff Attorney Cooper asked that the Commissioners include the contingency in Associate Planner Saunders' memo if they choose to approve these requested credits. It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the Commission approve the requests for Street Impact Fee Credits as follows: SANDAN, LLC, in the amount of $50,000; Arrowhead Development, LLC in the amount of $200,558.77; and Yellowstone Management in the amount of $318,392.50, contingent upon receipt of an acceptable bid for the work and receipt of actual payment as previously agreed upon. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, and Mayor Cetraro; those voting No, none. Commissioner Krauss was absent for the vote. Authorize City Manaaer to sian M Aareement for Reimbursement for North 14th Avenue from West Oak Street to Junioer Street M Kevin Cook for Durston Develooment Corooration Included in the Commissioners' packets was a copy of the Agreement for Reimbursement for North 14th Avenue from West Oak Street to Juniper Street, as requested by Kevin Cook for Durston Development Corporation. Project Engineer Bob Murray stated that construction of North 19th Avenue between West Oak Street and Juniper Street was required as a part of the approval for the Walton Homestead Subdivision. He noted that the centerline of the street was to be the common boundary between the Walton Homestead 03-21-05 - 13 - Subdivision property and the Gallatin County property, with Durston Development Corporation to build the entire facility in exchange for a 30-foot-wide easement across the Gallatin County property. The County, however, chose not to grant that easement and, as a result, the developer was required to build more than half of the local street to serve as an interim two-way facility. The developer has requested the creation of a payback district for a 50 percent of the common facilities and 100 percent of the costs for the 7Y:l feet located on the east side of the centerline be included in the payback; and staff supports those requests. The developer has also requested reimbursement for the cost of land since he has had to dedicate 40 feet of right-of-way rather than the typical 30 feet. Staff feels that is the cost of being out in front of the standard development process and, therefore, does not support the inclusion of that component in the payback agreement. Mr. Kevin Cook, applicant, stated he feels the neighboring property to the east will have a direct benefit from their constructing a 40-foot-wide street on their property, and he feels it is prudent for them to pay for the additional 1 0 feet. He noted that when this project was started, they had a verbal agreement with the County; however, their plans sUbsequently changed and that deal fell through. He stated that approximately 13,000 square feet of land is involved, and he is seeking reimbursement at the rate of $3.10 per square foot, which is the appraised price of the County's property. Commissioner Krauss stated he feels a small amount of reimbursement for land cost would be appropriate, but not the requested $3,10 per square foot. Project Engineer Bob Murray noted that the City has several payback agreements that pertain to the installation of water, sewer and street improvements; however, none ofthose agreements has included land costs. He reiterated staff's position that this project is being done ahead of other development in the area, and the attendant requirement for construction of more than one-half of a local street standard is simply a cost of doing business. Responding to Commissioner Hietala, Project Engineer Murray stated that $39,359 of the requested $56,989 reimbursement for street improvement costs is for land cost. Commissioner Hietala stated that, under the circumstances, he feels the developer is entitled to some payback for the land. Commissioner Kirchhoff agreed that the other property owner is benefitting from these street improvements, but does not support the requested reimbursement for the land. Responding to City Manager Kukulski, Project Engineer Bob Murray reiterated that land costs have not been included in previous payback agreements, He cited the Valley West Subdivision sewer main as an example, noting it encumbers a 30-foot-wide strip that jogs through Doug Smith's property, with no reimbursement for that land. He cautioned that inclusion of land costs in this agreement could set a precedent for future agreements. City Manager Kukulski suggested that, in this instance, the Commission could look at the failure of the neighbor to cooperate as the basis for providing some compensation for land costs, Responding to Commissioner Krauss, the Project Engineer estimated there are a dozen or so payback agreements in place, with a number of requests being made in the past couple years. He characterized this as an increasing demand, with developers seeking reimbursement for a portion of the costs they've incurred for extension of infrastructure improvements. He indicated that under these agreements, the city retains 7 percent for administration and the remainder goes to the developer. As a result of discussion, the Commissioners agreed that inclusion of $1.50 per square foot for land costs would be appropriate, recognizing that is approximately half of the requested amount. It was moved by Commissioner Kirchhoff, seconded by Commissioner Krauss, that the City Manager be authorized to sign the Agreement for Reimbursement for North 14th Avenue from West Oak Street to Juniper Street, as modified to include no reimbursement for land costs. It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the Agreement be amended to include $1.50 per square foot for the additional 12, 700 square feet of land to relocate the street ten feet to the west. The motion carried by the following Aye and No vote: those voting Aye being 03-21-05 - 14 - Commissioner Hietala, Commissioner Krauss, and Mayor Cetraro; those voting No being Commissioner Youngman and Commissioner Kirchhoff. The main motion, as amended, then carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Hietala, and Mayor Cetraro; those voting No being Commissioner Kirchhoff and Commissioner Youngman. Discussion M FYI Items The following "For Your Information" items were forwarded to the Commission. (1) Copy of a letter from the Montana Department of Transportation to Sheri Campbell, Big Timber, dated March 4, responding to her concern about the speed limit on North 19th Avenue. (2) Letter of resignation from the Business Improvement District Board and the Downtown Bozeman Improvement District Board, submitted by Steve Schnee and effective April 1. (3) Letter from Anne Foster, Tree Advisory Board, dated March 14, encouraging additional support for the City's Forestry Division and tree programs. (4) Copy of the Marwyn/Lindley Neighborhood News dated March 13, 2005. (5) Copy of the handout for the NorthEast Neighborhood Association (NENA) annual meeting. (6) Meeting notes from the City-County Board of Health meetings held on December 16, 2004, and January 27,2005. (7) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, March 22, at the Courthouse. (8) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Wednesday, March 23, at the Courthouse. (9) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Wednesday, March 23, at the Professional Building. (10) Agenda for the Design Review Board meeting to be held at3:30 p.m. on Wednesday, March 23, at the Professional Building. (11) City Manager Kukulski reported on various legislative bills, noting that the local option tax bill is currently in the Taxation Committee, and it does not appear the local legislator supports it. He then indicated he will be in Helena tomorrow on legislation regarding binding arbitration for police. He briefly highlighted some of the other bills that will be considered this week. (12) Director of Finance Anna Rosenberry stated that she, Assistant City Manager Brey and City Manager Kukulski will be listening to budget presentations on the afternoons of March 29 and 30 in the Commission Room; and Commissioners are invited to attend if they wish. (13) Director of Public Safety Mark Tymrak submitted the following. (1) Encouraged the Commissioners to attend the budget presentations. (2) Announced that one of the Lieutenants is in Chicago for training on staffing analysis. He noted that once the Lieutenant returns, he will provide the Commission with four years of history and a road map for where the Police Department wants to be in five to ten years. (3) Briefly highlighted recent police activities, noting the community has recently been plagued with burglaries. He also stated that, through the use of Internet information, an individual has been designated a violent offender and is now off the street. 03-21-05 - 15 - Adiournment M 9:45 O.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting A e being Commissioner Hietala, Commissioner Krauss, Commissioner Youngman, Commissioner Kirch ff, d Mayor Cetraro; those voting No, none. TRARO, Mayor ATTEST: ~/~ L. SULLIVAN Clerk of the Commission 03-21-05