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HomeMy WebLinkAbout2004-04-05 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA April 5, 2004 ***************************** The Commission of the City of Bozeman met in regular session in the Madison/Lewis Room, GranTree Inn, 1325 North 7th Avenue, on Monday, April 5, 2004, at 7:00 pm. Present were Mayor Andrew Cetraro, Commissioner Jeff Krauss, Commissioner Marcia Youngman, Commissioner Steve Kirchhoff, Commissioner Lee Hietala, Acting City Manager Ron B rey, Director 0 f Public Service Debbie A rkell, Planning Director Andy Epple, Director of Finance Miral Gamradt, City Attorney Paul Luwe, and Deputy Clerk of the Commission Karen DeLathower. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - March 22 and March 31. 2004 It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the minutes of the meeting of March 22, 2004, be approved as submitted. 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. Mayor Cetraro deferred action on the minutes of the special meeting of March 31,2004 to a later date. Consent Items Acting City Manager Brey presented to the Commission the following Consent Items: Ordinance No. 1611 - addina Sections 2.44.100.2.44.110.2.44.120 and 2.44.130 to the Bozeman Municipal Code. providing for adoption ofthe current editions ofthe Montana Public Works Standard Specifications {MPWSSl. includina modifications and policies. bv administrative order: finallv adopt ORDINANCE NO. 1611 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING SECTIONS 2.44.100, 2.44.110, 2.44.120, AND 2.44.130; PROVIDING FOR THE ADOPTION OF THE CURRENT EDITIONS OF THE MONTANA PUBLIC WORKS STANDARD SPECIFICATIONS; PROVIDING FOR ADOPTION OF FUTURE EDITIONS BY ADMINISTRATIVE ORDER OF THE CITY MANAGER; PROVIDING FOR ADOPTION OF CITY OF BOZEMAN MODIFICATIONS TO THE MONTANA PUBLIC WORKS STANDARD SPECIFICATIONS AND DESIGN STANDARDS AND SPECIFICATIONS POLICY; AND PROVIDING FOR ADOPTIONS OF FUTURE EDITIONS BY ADMINISTRATIVE ORDER ACCORDING TO THE SPECIFIED PROCEDURE. Acknowledge receipt of staff report - annexation of 20.12 acres described as Tract 7 A. COS No. 2408 (northeast corner of StOry M ill Road and Bovlan Road) - Brownstone Capital. Inc. forthe Aspens at Bridaer Creek Annexation (A-04002) Commission Resolution No. 3667 - intent to annex 20.12 acres described as Tract 7A. COS No. 2408 (northeast corner of StOry Mill Road and Bovlan Road): set public hearina for Mav 3. 2004 04-05-04 - 2 - COMMISSION RESOLUTION NO. 3667 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 OWNERS 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 application for annexation of 42.18 acres described as Lot 3. Minor Subdivision No. 221. located at the intersection of Davis Lane and East Hulbert Road - Rockv Mountain Timberlands for Robert C. Davis: refer to staff Commission Resolution No. 3668 - intent to transfer a pumper truck from the Bozeman Fire Department to another political subdivision within the State of Montana COMMISSION RESOLUTION NO. 3668 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO TRANSFER AN APPARATUS OF THE BOZEMAN FIRE DEPARTMENT TO A COUNTY OR OTHER POLITICAL SUBDIVISION WITHIN THE STATE OF MONTANA. Commission Resolution No. 3669 - intent to re-create SID No. 674 - water. sewer and street improvements in Bridaer Center Subdivision: set public hearing for April COMMISSION RESOLUTION NO. 3669 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 674; DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO RE-CREATE THE DISTRICT FOR THE PURPOSE OF UNDERTAKING CERTAIN LOCAL IMPROVEMENTS AND FINANCING THE COSTS THEREOF AND INCIDENTAL THERETO THROUGH THE ISSUANCE OF SPECIAL IMPROVEMENT DISTRICT BONDS SECURED BYTHE CITY'S SPECIAL IMPROVEMENT DISTRICT REVOLVING FUND. Authorize Mavor to sian - Findings of Fact and Order for preliminarv plat for minor subdivision to subdivide Lot 1. Block 1. Diamond Estates Subdivision. an 0.5- acre parcel. into two residential lots (northeast corner of intersection of Durston Road and Meaaher Avenue) (P-03040) Authorize Mavor to sian - FindinGS of Fact and Order for Vallev West Maior Subdivision. Phase liB. Planned Unit Development. to subdivide 28.62 acres described as portions of Tracts 1 and 2. Block 1. and portions of Tracts 2. 3 and 4. Block 2. Valley West Subdivision. into 51 residential lots. 4 open space lots. 1 public park and 4 remainder lots. with relaxations from several subdivision regulations (P-03036) Authorize Mavor to sian - Findings of Fact and Order for preliminarv plat for minor subdivision to subdivide 0.34 acre parcel described as Lots 35 and 36. Valley West Subdivision. into three residential lots (northeast of intersection of West Babcock Street and Stafford Avenue) (P-03037) Authorize Mayor to sign - Findinas of Fact and Order for preliminarv plat for minor subdivision to subdivide 12.06 acres described as COS No. 345 into four commercial lots (Hastinas Shopping Center. northwest corner of West Main Street and North 15th Avenue) (P-03046) 04-05-04 - 3 - Authorize Mavor to sign - Findings of Fact and Order for variance from subdivision reaulations for The Villaae Downtown to allow new street aligned with East Mendenhall Street to have a different name (P-03021 B) Exemption from subdivision review - relocate common boundary between Lot 2. Minor Subdivision No. 2975. Sprina Creek Villaae Resort. and Tract A. COS No. 1872 (along south side of West Babcock Street. west of Ferauson Avenue)- Michael W. Delanev. Ileana Indreland and Ken LeClair (E-04005) Approve final amended plat for Northern Rockies Subdivision - subdivide Lots 4 and 7. Northern Rockies Subdivision. into four lots and realian the southern boundary of Lot 5 (south side of Ellis Street. east of Highland Boulevard) (P-04001 ) Approve final plat for Stafford Villas Minor Subdivision - subdivide 0.34 acre parcel described as Lots 35 and 36. Vallev West Subdivision. into three residential lots (northeast of intersection of West Babcock Street and Stafford Avenue) (P-04006) Authorize Acting City Manaaer to sian - Communitv Service Placement Aareement between the Citv of Bozeman and the Gallatin Countv Communitv Corrections Board - to offer defendants the opportunity to make restitution to societv bv doina volunteer work Authorize Acting Citv Manaaer to sign - Client Aareement for Professional Services between the City and Merrick & Companv for black and white aerial photoaraphv coupled with softcopv photoarammetric practices - $44.015 Award bid - water slide for Bogert Pool- Mason Corporation. Brentwood. Tennessee. in the bid amount 0'-$59.500.00 Award bid - trash oumo for Water/Sewer Division - Godwin Pumos. Bridaeoort. New Jersev - base bid of $27.363.00 plus all five options for a total of $42 583.00 Claims It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the Commission approve the Consent Items as listed and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, and Mayor Cetraro; those voting No, none. Public comment No public comment was received under this agenda item. Public hearing - application for CDSG monies to help fund a new vocational work center for Reach. Inc.. on Lots 5 and 6. Block 2. Gallatin Park Subdivision This was the time and place set for the public hearing on the application for Community Development Block Grant monies to help fund construction of a new vocational work center for Reach, Inc., on Lots 5 and 6, Block 2, Gallatin Park Subdivision. Included in the Commissioners' packets was a letter from Reach, Inc., dated March 31, 2004, providing background information on the application. Mayor Cetraro opened the public hearing. 04-05-04 -4- Grants Administrator Folger presented an overview of this application, noting last year she had requested permission to submit a grant for $500,000 for the creation of a new work center for Reach, Inc. She received the ranking notification this fall; 24 grant applications were submitted, ten were ranked, and seven were funded. The grant for Reach, Inc. was ranked number eight. Another application has been readied that includes additional information and more detail on alternate financing, and Commission approval is being sought to submit this application. This will be the City's authorization to proceed with submission of the application only; there is no obligation of funds. Robert Tallon, Executive Director of Reach, Inc., stated Reach, Inc. has operated in Bozeman for 30 years. Currently they support 90 people with disabilities and employ 98 staff members. They provide sheltered work opportunities, work crews, and individual supported employment. Residential services include two intensive group homes, two adult group homes, and two apartment buildings; and transportation is provided for the clients, as well. Because they have outgrown their current space, they are having to turn down applicants. Currently the State of Montana has a waiting list of 1,000 people requesting services. Within the Gallatin Valley, 15 people will need their work program within the next two years, and it is estimated between 30 and 45 people will request services in the next five years. Forty-five applications were received for the last opening Reach, Inc. had in November, 2002. Mr. Tallon noted they are proposing a 14,000 square foot building on Manley Road. The projected cost is $1.9 million, which will be funded by the sale of the current building, the CDBG grant, a bank loan, fund raising, and their reserves. Thus far, they have $252,500 pledged to the capital campaign. Mr. Tallon closed by thanking the City of Bozeman for everything it has done for Reach, Inc. in the last 30 years. Larry Wilcox, Box 454, Gallatin Gateway, said he is the father of a Reach, Inc. client. Before they decided to move to this area 12 years ago, they searched nationwide for a great program for their daughter; and they found that program here at Reach, Inc. The staff at the Reach program is outstanding, and they do a great job with the clients, as well as the families who are affected. Mr. Wilcox requested the Commission support this application, so that within the next few years Reach, Inc. can serve 100 clients and touch ten more families. Bernie Casey, 1062 Oak Street, #8 and Reach, Inc. client, stated he is now living in his second Reach, Inc. building; a supported living unit. He works in the community recycling cardboard, and he has learned a lot of daily living skills at Reach, Inc. He noted this will be a great building, and he asked the Commissioners for their support of this application. Terri Hager, 303 North Pacific Avenue, noted her son, Stephen, receives residential and work program services at Reach, Inc. and has for the past six years. As a family, they are thrilled with how well he is doing. Stephen requires care assistance in every aspect of his life, so he receives intensive services from Reach, Inc. Stephen is happy and enjoying life, and his family appreciates the support they receive from Reach, Inc. T he integrity 0 f t he staff is 0 utstanding, and they know Stephen is in a very safe environment with people he needs to have in his life to be successful. Many other individuals need this type of program, and she requests the Commission's support of this application. Kelly Hall, 6734 Gooch Hill Road, noted he has a daughter who will graduate from the Boulder program very soon; but there is nowhere in this community for her to go. She is on the waiting list for acceptance into the Reach, Inc. program. Mr. Hall said he has served on the Reach Board of Directors for 12 years; this is a good company who is in the black all the time. Brad Johnson, 300 North Willson Avenue, Department of Health and Human Services Developmental Disabilities Program, stated Reach, Inc. has consistently scored as an excellent corporation, providing excellent services to its clients. Mr. Johnson agreed the need for these services is very great, and there is a significant waiting list. This problem will not go away as more people move into the area and have need of services, and every year there are high school students graduating who need services since they no longer are served by the school district. Chris Gray, 1213 North Cedarview Avenue, stated he, too, is a Reach, Inc. Board member and also a neighbor of one of the facilities. This is a worthwhile cause and a worthwhile non-profit corporation, and he asked the Commission to support this application. 04-05-04 - 5 - Debbie Heerdt, HI Case Management, said she, too, would like to touch on the waiting list issue. When they drew up their local waiting list, there were 65 individuals on that list and over half of them are students coming out of the high school. Last year there were only nine openings statewide. Steve Dayhuff, 1606 South Rouse Avenue, stated he is a speech therapist at Reach, Inc. He has worked at other facilities, and Reach, Inc. is one of the finest facilities he has ever seen. He thoroughly enjoys working with the people there, but they are significantly overcrowded and need a bigger facility. The ability of Reach, Inc. to serve more people will benefit the general society, as well; and Mr. Dayhuff asked for Commission support of this grant application. Jay Winchester, 108 Hoffman, Belgrade, said he is Development Director at Reach, Inc. and the brother of a Reach, Inc. client. His parents are elderly and unable to care for his brother, so without the services of Reach, Inc. they don't know what they would do. Mr. Winchester noted there are also a lot of people here in support of this application who don't intend to speak. Since there were no Commissioner objections, Mayor Cetraro closed the pUblic hearing. Included in the Commissioners' packets was a copy of Commission Resolution No. 3670, entitled: COMMISSION RESOLUTION NO. 3670 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING SUBMITTAL OF AN APPLICATION TO THE STATE OF MONTANA DEPARTMENT OF COMMERCE FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) MONIES. It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that Commission Resolution No. 3670, authorizing submittal of the CDBG application on behalf of Reach, Inc., be adopted, and that the Acting City Manager be authorized to execute the appropriate documents. 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 hearing - intent to annex 40.22 acres described as Tracts 1 and 2. COS No. 1256 - Bach Builders & Develooers for Carl Vandermolen (south side of Baxter Lane approximatelv 1400 feet west of North 19th Avenue) (A-04001) This was the time and place set for the public hearing on the intent to annex 40.22 acres described as Tracts 1 and 2, Certificate of Survey No. 1256, as established by Commission Resolution No. 3658, entitled: COMMISSION RESOLUTION NO. 3658 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 Cetraro opened the public hearing. Senior Planner Skelton presented the staff report. He noted the subject property is located along the south side of Baxter Lane, approximately 1400 feet west of North 19th Avenue. The Senior Planner stated that staff has reviewed this application in light of the goals and policies set forth in Commission Resolution No. 3137, and staff's comprehensive findings are contained in the written staff report. He briefly highlighted those findings and forwarded staff's recommendation for approval 04-05-04 - 6 - of the requested annexation, subject to the following items being addressed prior to, or in conjunction with, the Annexation Agreement: 1. That the applicant execute at the Gallatin County Clerk and Recorder's Office a waiver of right-to-protest creation of SID's for a City-wide Park Maintenance District, which would provide a mechanism for the fair and equitable assessment of maintenance costs for City parks as part of the Annexation Agreement. 2. Applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of SIDs for the following: Street improvements including paving, curb/gutter, sidewalk, and storm drainage facilities for the following streets: a. Baxter Lane b. North 27th Avenue Signalization improvements for the following intersections: a. Baxter Lane and North 27th Avenue The documents filed shall specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternative financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation ofthe property, traffic contribution from the development, or a combination thereof. 3. Payback districts have been created for the Far West sanitary sewer improvements and the Baxter Lane and North 19th Avenue signal improvements. The applicant will be required to make full payment prior to the filing of any final plat for future development. The owner shall provide public street and utility easements for Baxter Lane, North 27th Avenue, and Tschache Lane. The easement shall be 50-feet wide from the section line for Baxter Lane, 45-feet wide from the section line for North 27th Avenue, and 30-feet wide from the section line for Tschache Lane. These are one half of a minor arterial standard, one half of a collector standard, and one half of a local standard respectively as shown in the Transportation Plan. 4. That water rights or cash in-lieu of water rights in an amount determined by the Director of Public Service is provided by the applicant at such time that the applicant proceeds with filing of a final plat or final site plan approval for development of the property. 5. That at the time of connection to the City's water and sewer facilities, the landowners shall pay all applicable water and sewer impact fees that are due. The landowners and their successors shall pay all fire, street, water, and sewer impact fees required by Chapter 3.24, Bozeman Municipal Code, or as amended at the time of application for any permit listed therein. 6. The Annexation Agreementshould include notice that, prior to development, the developer will be responsible for installing any facilities required to provide full municipal services to the property in accordance with the City's infrastructure master plan and all City policies and guidelines that may be in effect at the time of development. 7. The Annexation Agreement shall include notice that, prior to submittal of a preliminary plat application for all or any portion of the property, the developer of said lands will create a master plan identifying the land use patterns and types, and the trail, park, and open space connectivity for the integrated development of the 04-05-04 - 7 - property within the organizational scheme of the adjoining neighborhood(s) and will implement, through the design of the subdivision, a variety of housing types to serve the varied needs of households of different size, age, and character, subject to review and approval by the City of Bozeman. 8. An annexation map, titled "Bach Annexation Map" with a legal description of the property shall be submitted by the applicant for use with the Annexation Agreement. The map must be supplied on a mylar for City records (18-inch by 24-inch), a reduced 8'12-inch by 11-inch or 8~-inch by 14-inch exhibit for filing with the Annexation Agreement at the County Clerk and Recorder, and a digital copy for the City Engineer's Office. This map must be acceptable to the Director of Public Service's and City Engineer's Office and shall be submitted with the signed Annexation Agreement. Said map shall contain a metes and bounds legal description of the perimeter of the subject property, total acreage of the property, and adjoining rights-of-way and/or street access easements. 9. That the applicant executes all contingencies and terms of said Annexation Agreement with the City of Bozeman within one (1) year of approval by the governing body, or annexation approval shall be null and void. No public testimony has been received by Planning staff. Chris Budeski, Allied Engineering, stated they have no concerns with the contingencies. This project is located in an area that is being developed, and this annexation will make the city whole in that area. Only one quarter of this parcel is being considered for development at this time, and it looks like there will be an apartment complex with high-end apartments constructed on that portion. It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the Commission authorize and direct staff to bring back an Annexation Agreement, addressing Item Nos. 1 through 9 listed above, for Commission consideration. 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. Public hearina - Zone MaD Amendment - establish initial municiDal zonina designations of "B-1" and "R-4" on 40.22 acres described as Tracts 1 and 2. COS No. 1256 - Bach Builders & DeveloDers for Carl Vandermolen (south side of Baxter Lane aDDroximatelv 1400 feet west of North 19th Avenue) (Z-04035) This was the time and place set for the public hearing on the Zone Map Amendment requested by Bach Builders and Developers for Carl Vandermolen, under Application No. Z-04035, to establish initial zoning designations of "B-1", Neighborhood Business, and "R-4", Residential-High-density, on 40.22 acres described as Tracts 1 and 2, Certificate of Survey No. 1256. The subject property is located along the south side of Baxter Lane, approximately 1400 feet west of North 19th Avenue. Distributed just prior to discussion of this item was a letter from Michael Delaney in support of this requested zone map amendment. Mayor Cetraro opened the public hearing. Senior Planner Skelton presented the staff report, noting this requested zone map amendment is to establish initial zoning designations of B-1 and R-4. In March, the Zoning Commission unanimously approved the request for an R-4 zoning designation; but denied the request for B-1, noting that request is not consistent with the land use element of the Bozeman 2020 Community Plan. A lot of time and effort was put into the development of the pre-determined locations of neighborhood commercial nodes throughout the community. Therefore, staff recommends the entire property be zoned R-4. If the Commission desires to move forward with the requested B-1 zoning, a master plan amendment would need to be forwarded. 04-05-04 - 8- No public testimony has been received by staff, except for Mr. Delaney's letter, which was received this evening. Chris Budeski, Allied Engineering, stated they have reviewed the conditions; and they are acceptable. They are also willing to accept R-4 zoning on the entire property. While B-1 zoning in this area does not meet the growth pOlicy of the City, this is a good area for B-1 commercial development because of the projected traffic flow. Commissioner Kirchhoff stated he has heard comments regarding market absorption in the area of Costco and Target. He questioned if a "zoning placeholder" could be placed on this property to change the zoning designation to something more commercial in nature, dependent on what happens with the Cattail Creek development. Planning Director Epple replied the Cattail Creek commercial areas are quite a way north of this property, and he doesn't believe any changes in Cattail Creek zoning will affect this property. The Bozeman 2020 Community Plan does not depict any commercial development in this area. Karin Caroline, Delaney and Company, noted Mr. Delaney supports the requested B-1 zoning because he believes neighborhood commercial nodes are important so nearby residents can walk to those conveniences. Therefore, they support this application as submitted. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the Zone Map Amendment requested by Bach Builders and Developers for Carl Vandermolen, under Application No. Z-04035, be initially approved by establishing an initial zoning designation of "R-4", Residential-High- density, on 40.22 acres described as Tracts 1 and 2, Certificate of Survey No. 1256, and that staff be directed to bring back an ordinance enacting the Zone Map Amendment for consideration, subject to the following conditions: 1. That the application for a Zone Map Amendment be approved for an "R-4" (Residential High Density District) zoning designation on the entire 40.22:1: acres of land. 2. That the Ordinance of the Zone Map Amendment shall not be adopted until the Resolution of Annexation is signed by the applicant and formally approved by the City Commission. If the annexation is not approved, the application shall be null and void. 3. That the applicant submit a map, titled "Bach Zone Map Amendment", on a 24-inch by 36-inch mylar, 8~-inch by 11-inch, or 8~-inch by 14-inch paper exhibit, and a digital copy of the area to be zoned, acceptable to the Director of Public Service, which will be utilized in the preparation of the Ordinance to offiCially amend the City of Bozeman Zoning Map. Said map shall contain a metes and bounds legal description of the perimeter of the subject property, total acreage of the property, and adjoining rights-of-way and/or street access easements. 4. That the Ordinance for the Zone Map Amendment shall not be drafted until the applicant proVides a metes and bounds legal description and map of the area to be rezoned, which will be utilized in the preparation of the Ordinance to officially amend the zone map. 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. 04-05-04 - 9- Public hearina - intent to create 2004 Sidewalk Program This was the time and place set for the public hearing on the 2004 Sidewalk Program, as established by Commission Resolution No. 3663, entitled: COMMISSION RESOLUTION NO. 3663 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING THE CITY COMMISSION'S INTENT TO ESTABLISH A 2004 SIDEWALK PROGRAM AND TO ORDER THAT SIDEWALKS BE INSTALLED IN CERTAIN AREAS OF BOZEMAN, AS PROVIDED FOR IN SECTIONS 7-14-4109 AND 7-14-411 0, MONTANA CODE ANNOTATED. Included in the Commissioners' packets were several letters, one in support and many in opposition to the proposed sidewalk program in New Hyalite View Subdivision. Distributed just prior to the meeting were several additional letters, with one in support and the remainder in opposition. Mayor Cetraro opened the public hearing. Andy Kerr, Engineering Assistant, stated the Engineering Department is proposing to continue with the sidewalk policy this year in the New Hyalite View Subdivision. The goal of this policy is to get sidewalks installed throughout the city, and it states all streets and avenues must have sidewalks. It is their recommendation that sidewalk installation be continued per the applicable policies and resolutions. They are recommending installation of sidewalks on all streets within the subdivision with the exception of Maple Drive. Section 1, Item 1, of Resolution No. 3663 needs to be corrected to state, II Highland Boulevard between Kagy Boulevard and the trail north of Holly Drive, east side only". A memo written by the PedestrianlTraffic Safety Committee in 1990 is very eloquent in their recommendation for sidewalk installation. Commissioner Youngman noted she received an e-mail from an individual who had surveyed the neighborhood driveways and pointed out how many of them would need to be rebuilt if sidewalks are ordered in. She is wondering why City staff signed off on the installation of driveways that will require reconstruction for sidewalks. Engineering Assistant Kerr responded that when the new sidewalk policy was adopted in 1994, the issue came up since houses were again being built in the New Hyalite View area. It was agreed at that time that with new construction, sidewalks would not be required until the whole neighborhood came up on the priority list again. Staff tried to get each person who was getting a building permit to sign a notice that they were notified that sidewalks were impending and to plan development and improvements accordingly. However, some developers don't always check requirements, and there is not a staff member dedicated to driving around the city looking for ongoing construction projects. There are 67 of those notices on record; and of those 67,23 homeowners still ended up with some kind of problem on their property. Mary Kate Boling, 1312 Cherry Drive, noted that when they purchased their home in June of last year, they heard rumors regarding sidewalks. While sidewalks are not an evil thing, they have created some disturbance in this neighborhood. Her family is in favor of the installation of sidewalks, but she and her husband feel the City's inaction in the past has created a hardship for families in this neighborhood. Dan Biggerstaff, 1409 Ash Drive and 30-year resident, thanked the Commission for accommodating the neighborhood by changing the venue for this meeting; it is appreciated very much. Sherry Biggerstaff, 1409 Ash Drive, said she is opposed to this sidewalk program because there are numerous elderly residents in this neighborhood; and the installation and maintenance of sidewalks will create an undue financial burden on them. Ken Bruwelheide,1202 Holly Drive, stated that when he moved there in 1977, he made inquiries regarding accommodations for sidewalks and was told there was no intention of sidewalk installation in that area. His landscaping was planted according to that direction. 04-05-04 - 10 - Mary Neff, 1103 North Cedarview Drive, said they been there for 25 years and have installed an underground sprinkler system. The installation of sidewalks would cause that sprinkler installation to be redone at a cost of approximately $1500. She and her husband have seriously begun to consider moving because of the cost of sidewalk installation and the maintenance of those sidewalks. Bill Ellis, 1320 Holly Drive, stated he moved there because there were no encumbrances, like sidewalks. The required construction of sidewalks will dampen that, and he doesn't know how safe they will be. Bob Furu, 1145 South Cedarview Drive, said he has lived in his home for 27 years and was a Bozeman Police Officer for over 21 years. He cannot recall any pedestrian/car accidents in the New Hyalite View Subdivision nor any other serious accidents there; it is a very safe place to live. Requiring the installation of sidewalks will degrade this subdivision and ruin the landscapes. Mr. Furu pointed out the Commission is always in favor of affordable housing, but requiring the installation of sidewalks in this area will destroy affordable housing in Bozeman because this is one of the few affordable neighborhoods left. Marc Harris, 1211 South Pinecrest Drive, stated the criteria to be addressed are safety, need, fairness, and practicality. Installation of sidewalks in this area will decrease safety because the visibility will be reduced. Need must be based on safety, and there is no commercial development in this neighborhood; the streets go back to where they started. There is no practicality; the City Engineer has called this a "high- impact project". Mr. Harris said they have been living in this area for one year; and when they landscaped their property, they asked where they could plant trees. They were told 11 feet back from the curb, and now they are being told they will have to move their trees and replace their landscaping and sprinkler system. Sidewalks will require extensive maintenance, will create hardships, and will ruin the greenscape of this subdivision. Gayle Mauer, 1227 Cherry Drive, said Bozeman is supposed to be the most livable place; but she will disagree if sidewalks are ordered in in this area. Sidewalks will ruin the landscaping and proper runoff is questionable. Harold Levens, 1115 Holly Drive since 1969, noted he and his wife are opposed to sidewalks in this neighborhood and have submitted their letter of opposition to the Commission. Elly Schwartzkopf, 1140 North Cedarview Drive, said she feels safe in this environment and agrees with those in opposition to these sidewalks. She is adamantly opposed to the installation of sidewalks in this neighborhood and has written the Commission regarding her viewpoint and the reasons she is opposed. When the City Commission approved the proposal by Bozeman Deaconess Hospital for construction of this subdivision, sidewalks were not proposed and residents in the neighborhood were told sidewalks were not required. Plats of this subdivision do not clearly show any city easement lines, nor is there a sidewalk installation clause. The Hospital would not have developed this area in the manner it was if sidewalks had been expected. Greg Perrine, 1340 Cherry Drive, noted that when this area was developed, there was no setback from the streets like there is in the new subdivisions. Taking part of driveways for installation of sidewalks will force more vehicles to park on the street or overhang the sidewalk because there will be no room on the driveway and some of the driveways are short. This will create a problem for those who are walking on the sidewalks because there currently is some margin of error when backing out of the driveway; there won't be for those who are walking on the sidewalk. The City is good about plowing Cherry Drive; and one drawback is that after plowing, they don't know where the curb is and cars end up parking 6 feet away from the curb. John Gaffney, 1139 North Spruce Drive, referred to page 2 of his letter, that was previously sent to the Commission, regarding vegetation, rock work, and landscaping. If this vegetation and landscaping is removed, it will cause a financial burden for the landowners to replace it. The City representative toured North Spruce Drive last winter following a large snowstorm, so there was two feet of snow on the landscaping. Therefore, many areas of vegetation and decorative rock were not shown on the map showing the proposed routes of the new sidewalks. If sidewalks are ordered in, homeowners will have increased costs, which will need to be recovered upon sale of their homes. Mr. Gaffney questioned what that will dorto affordable housing in this community. 04-05-04 - 11 - Richard Morris, 1312 Holly Drive, stated his big concern is removal of snow from the sidewalks. Sidewalks aren't that safe in the winter; they get a crust of frost on top of them, and they become slick, more slick than the street. Snow removal from the sidewalks would also put a terrible strain on the elderly residents ofthis neighborhood. Sidewalk installation would destroy the beauty and uniqueness of this entire area. Retaining walls would be required for the steep embankments and could endanger the safety of small children playing in those yards. The children could fall and land on the sidewalk below. Additionally, an automobile hitting a retaining wall could cause more damage to the vehicle and passengers alike. Debbie Bigelow, 1112 South Cedarview Drive, noted there are houses that have four non-related individuals living in them; and they and their friends park in the street. So, not being able to park in one's own driveway will be a problem. There are enormous, beautiful pine trees, full of birds, across the street that will have to be removed; and it will be criminal to remove those beautiful trees. Landscaping is much nicer than a slab of cement. A lot of people living in this subdivision work at Montana State University, and sidewalk installation will create a hardship and burden. Ms. Bigelow stated she has an underground sprinkler system that will have to be removed and replaced, which will create a financial hardship for her; and she would like to retain her green, flawless lawn. Cynthia Gage, 1128 South Spruce Drive, said she is primarily concerned with property values in general if the layout of yards is changed to accommodate sidewalks. When she was purchasing her home, people referred to this neighborhood as "the trees". Ms. Gage pointed out her driveway was slick this winter, and the sidewalks will be slick, as well. Some people who favor installation of sidewalks are concerned about their children's safety, but these streets are very quiet and pose no threat to children's safety. Ms. Gage stated she feels she will experience an invasion of privacy and safety if people are walking closer to her home. While she understands there is an ordinance in place requiring sidewalk installation, she would like to request a permanent exemption from sidewalk installation for this subdivision. Nancee Beebe, 1327 Cherry Drive, noted her primary concern is safety because there are single-car garages and driveways for many of these homes, which would force cars to park on the street. A driver wouldn't be able to see children running into the street from the sidewalk because of the parked cars. Also there is a lot of wind and snow accumulation is great in this area, so homeowners won't be able to keep up with snow removal on sidewalks. Scott Creel, 1430 Cherry Drive, stated that if the Commission believes in democracy, everyone can go home right now because people have expressed their opinions well. He emphasized there is a difference between planning and retrofitting, and he prefers to have the neighborhood remain the way it is. This is a pedestrian-friendly neighborhood, where the only people walking are the residents. While he understands the ordinance, the City can't think of sidewalk installation as "one size fits all" because it doesn't apply to this area. Mr. Creel then addressed the issue of safety, saying he believes the area will be less safe for children if sidewalks are ordered in because there will be more crossing points and children will be harder to see as people back out of their driveways. Shelley Nillson, 1134 South Spruce Drive, recommended the Commission vote to deny sidewalk installation in this neighborhood. She pointed out it has never crossed her mind that she might like to have a sidewalk; everything in this neighborhood works well as it is. There are many wonderful places to walk and hike in this neighborhood, and people wouldn't walk on the sidewalks if they were installed. Ms. Nillson said she is disappointed that this area has come up again for sidewalk installation consideration, since no need for sidewalks has ever been established by anyone. She, too, recommended this subdivision be permanently excluded from sidewalk installation consideration. Steve Dysart, 1209 North Spruce Drive, stated this is the most livable neighborhood in Bozeman; and homeowners here prefer grass and shrubs to grass and asphalt. He agreed with everyone else who expressed concern with snow removal and on-street parking, which could expose them to unintentional accidents in the winter. Renee LaFond, 1207 North Pinecrest Drive, said her family has been very happy here; and she would like to Challenge the Commission to be open minded and preserve the uniqueness of this neighborhood. 04-05-04 - 12 - Carl Wambolt, 1139 South Cedarview Drive resident since 1974, said the only time he has regretted living there is the other times this issue has come forward. Since 1959, the Commission has denied sidewalks in this area three times. It is high time that this issue be put out of the neighborhood's way. Mr. Wambolt stated his main concern is that the aesthetics of this neighborhood will be greatly affected by the installation of sidewalks. Karen Furu, 1145 South Cedarview Drive, agreed with previous statements in opposition to the installation of sidewalks because this neighborhood is unique and safety is not an issue. The only safety issue she has ever experienced was several years ago when a drunk college student tried to get into her house, and sidewalks would not have helped. . Steve Keim, 1208 North Cedarview Drive, said he addressed the issues of cost, practicality, and safety in his e-mail to the Commission. Uniqueness is what brought them to this subdivision; and it should be a model for the rest of the city due to the friendliness of the neighbors, the neighborhood watch program, and the neighborhood garage sales. This neighborhood is a community, as opposed to other subdivisions in Bozeman. Philip Clark, 1133 South Spruce Drive, noted he has read newspaper articles regarding "the code of the west"; people who want to change everything. No one in this neighborhood bought their home with a sidewalk, and people moved in because of that. He bought his home because he really liked the greenways and walking around the neighborhood. He thinks the City would want to get away from sidewalks and have more green space instead; this isn't New York City. Dennis Neibauer, 1103 East Kagy Boulevard, questioned why there should be sidewalks installed along the east side of Highland Boulevard, when there is a new walking path built across the street. With the retaining walls built there, there is no possible place to put the snow that is removed from the sidewalks. Jim Mollgaard, 1146 North Pinecrest Drive, noted he grew up there and helped his dad plant the trees. The neighborhood character needs to be retained, the neighbors have presented a good case in opposition to sidewalk installation, and he is asking the Commission to help retain the integrity of this neighborhood. Jan Davis,1406 Cherry Drive, stated that, as a subdivision, they helped the Gallatin Valley Land Trust put in the trail. They feel they gave something to the community by working hard to get the trail in and continuing to help maintain it. She, too, is against this plan for the installation of sidewalks. Arleen Cannon, 1103 South Spruce Drive resident since 1973, spoke of behalf of her mother, saying she cannot imagine what this lot will be like if the trees are removed and the lot is altered. This area is called "Blizzard Ridge" for a reason, and she supports the views of those who spoke before her regarding hills and sidewalks being a bad combination. Peggy Doyle, 1139 Holly Drive, stated she had sent the Commissioners an e-mail outlining her opposition to this sidewalk installation plan. She is here now to ask the Commission to consider her e-mail, grandfather this area in, and allow them to live peacefully. Don Kress, 1438 Ash Drive and resident since 1972, said that both the real estate agent and the home builder told them sidewalks would never be installed in this subdivision. Therefore, they arranged the location of the house on the lot and planted and landscaped with that in mind. If sidewalks are ordered in, it will destroy the character of this entire neighborhood. Mr. Kress stated he is speaking from the heart because this will destroy something that they've enjoyed for some time. While not as drastic, this is sort of like planning on retiring and finding out there is no retirement fund. Ted Cheney, 1115 Cherry Drive for 29 years, said his girls played in the street the whole time, and there were no safety problems. He does agree with the snow comments that have been made. Kevin Garr, 1220 Cherry Drive, asked the Commission to please vote for the neighborhood because they have made their feelings known, and they will not feel more secure or safe with sidewalks. 04-05-04 - 13 - Jim Humphries, 1103 Cherry Drive, noted his corner is the bus stop; and he has yet to ask anybody not to walk on his grass. During the winter, 95 percent of the parents drive their kids to that corner and park their cars on the street. When he parks two more of his vehicles there, those parents will be parking farther away. Mr. Humphries stated that when he talked to a contractor regarding the installation of sidewalks, he was advised they would not be required. Kate Fisher, 1110 Cherry Drive for 24 years, respectfully requested the Commission to come up and see what they will be doing to this neighborhood. Marty Westland stated he enjoys visiting friends that live in this neighborhood, but he would be reluctant to buy a home in Bozeman if the Commission imposes such a requirement on a mature neighborhood. Tom Chandler, 1450 Cherry Drive since 1985, noted the snowplow pushes snow against his house as high as 8-feet tall, which cannot be moved; and the freeze in this area is bad. He questioned who will be liable if someone falls and hurts themselves on these sidewalks. Additionally, people who walk and ride their bikes on the streets can be viewed from a long distance, but they can't be if they're on the sidewalk. Jim Schmitt, 1410 Ash Drive, stated he concurs with what's been said. New Hyalite View Subdivision is unique, and the most unique feature is that the slope of the land surface is relatively extreme; over three or four degrees. There are already flood control programs built in the gullies between the ridges of Cherry Drive and Ash Drive; and by adding sidewalks to the steep slope and removing vegetation, it will increase the surface runoff on the slopes. Mr. Schmitt suggested a hydro-geologic study needs to be completed. Regarding public safety, the only time he feels out of control in this neighborhood are the times when he is backing out of his driveway and the eight cars parked on the street from the rental house next door prohibits him from seeing; and sidewalks will displace more vehicles onto the streets, making them less safe. Diane Powers, 1128 North Cedarview Drive, stated both she and her husband are battling illnesses; and snow removal will create more of a burden on them and their neighbors. They have lived there for 37 years, and they have never seen an accident there. Dave Ross, 1437 Ash Drive, noted the City has tried to make concessions by suggesting curbwalks, which is appreciated; but with curbwalks, there is going to be three or four feet of snow and/or ice that is going to need to be removed, which is nearly impossible. Montana case law says reasonable care must to be taken to remove snow and/or ice from sidewalks, driveways, and parking lots. It will be unnatural for people to try to remove this much snow from the curbwalks, and property owners will be held liable if someone falls and sues. He asked the Commission to consider this and vote no. Shirley Schmidt, 1211 South Cedarview Drive since 1964, noted she is the longest living resident in this neighborhood. If sidewalks are installed where she lives, they will all be going uphill; and she won't use them because they will be ice covered and dangerous. She will continue to walk in the street because streets thaw faster and are safer. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Commissioner Krauss noted there has been good public testimony received this evening, he walked this area in the fall, and he has talked to most of the people about this issue, so he believes he has a good understanding of how this neighborhood feels. He feels this is a good example of how top/down zoning doesn't work, and he will vote no on this issue. If there is any chance this issue can be put to rest permanently, he will support that as well. The Commission needs to use its judgement and not acquiesce to laws from decades ago. However, that will not be the case for every neighborhood who doesn't want sidewalks; but, in this case, he will vote to not order sidewalks in because of the mature landscaping, difficulty with snow removal, and mature tree growth. Commissioner Hietala said it is the Commission's duty to recognize that one size doesn't fit all and correct those situations where it doesn't fit. The character of this neighborhood was conceived when it was designed, so he, too, will vote no on this item. 04-05-04 - 14- Commissioner Youngman commented that New Hyalite View Subdivision is a great neighborhood, and she has walked each street many times and talked to many people in the neighborhood. She has a huge respect for the residents' love of their neighborhood, the way they work with one another, and the presentation of testimony that was thoughtful, helpful, creative, and respectful. However, that doesn't change the fact that when the neighborhood was first created, the Commission suffered a huge failure of imagination and didn't appreciate the fact that the city would grow to wrap around the neighborhood. Although it hasn't happened yet, there will be a residential neighborhood wrapped around New Hyalite View; and there will more children coming and going and more people wandering through the neighborhood in their cars. There was one accident where a car hit a child in this area within the last decade, and one is too many. Part of the urban fabric is to do certain things to keep people safe; and that is why in other mature neighborhoods sidewalks have been installed and trees and landscaping have been removed. Commissioner Youngman said her instinct is to order sidewalk installation because she has seen the value of sidewalks in other neighborhoods. However, she is willing to suggest a compromise; because this neighborhood is very different, there may be a creative alternative that includes traffic calming devices and other things. Two streets that are particularly dangerous for pedestrians are Highland Boulevard and Kagy Boulevard, and she suggests ordering sidewalk installation on those streets for safety. There should be a safe way to get to the trailhead without walking in the street, which she sees people doing regularly and dangerously. Commissioner Youngman suggested asphalt be used because it will melt ice and snow faster, and she would suggest the City investigate ways to help pay for the installation. Commissioner Kirchhoff stated that, like the rest of the Commission, he is appreciative of the neighborhood turnout and the heartfelt, respectful comments. He does not agree with the characterization that the sidewalk installation program is an example of top/down zoning because of the members who serve on the PedestrianlTraffic Safety Committee and their recommendation for this program. Commissioner Kirchhoff agreed this neighborhood is an exception, so he won't vote for the installation of internal sidewalks; but he will consider sidewalk installation on the two exterior streets. While this neighborhood is unique, the Commission must be mindful of the next neighborhood who also considers themselves unique; and the precedent that is being set for the next neighborhood who has landscaping issues. Mayor Cetraro thanked the pUblic for their respectful testimony and said he agrees with the public comments that sidewalks would not be a good thing for this neighborhood at this time. Commissioner Youngman moved to direct staff to bring back a resolution of creation for the 2004 sidewalk program to include the installation of sidewalks on Highland Boulevard between Kagy Boulevard and the trail north of Holly Drive, east side only and Kagy Boulevard from Highland Boulevard east to the trail, north side only. Mayor Cetraro asked if the homeowners or the City will pay for the installation of these sidewalks. Commissioner Youngman responded that is something for the Commission to talk about. One possibility would be to share the costs, and another possibility would be to invite all the neighbors to help pay since sidewalks are not being installed on their streets. Commissioner Krauss stated that if the City is going to insist on installing those sidewalks, then the City needs to pay for them because Highland Boulevard is a major arterial; and at one time, the City had the opportunity to pay for those sidewalks. Sidewalk installation is going to impact those yards, particularly the corner ones, and that is a big enough sacrifice for those homeowners. Commissioner Krauss mentioned there has been no talk about safety alternatives, and he suggested flat speed bumps, alternate side parking during the winter, and making sure crosswalks are clearly marked on every street, particularly across Highland Boulevard to the paved trail, with high visibility signs telling drivers to slow down and emphasizing the 25 mile per hour speed limit. Commissioner Krauss stressed it is important for the City to do this at this time and to budget for the installation of these sidewalks. Commissioner Hietala questioned if it is currently City policy to pay for installation of sidewalks on arterials. Acting City Manager Brey responded it is City policy to assist with sidewalks that exceed exceptional costs and to cover the cost of ADA ramps on corners. Commissioner Hietala then suggested pursuing CTEP funds or other grants to cover the costs of sidewalk installation on these two streets. 04-05-04 - 15 - Commissioner Krauss then questioned if four unrelated persons living in 0 ne household was acceptable in an R-1 zone. Planning Direction Epple answered that more than four unrelated persons constitutes a code violation. Commissioner Youngman noted staff is looking at the possibility of curb cuts on Highland Boulevard to make it easier to access the Highland Boulevard trail from this neighborhood. Code enforcement, speed bumps, and pedestrian connectors are all items that require further discussion, not only with this neighborhood but with others who might be interested in these issues. It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, to direct staff to bring back a resolution of creation for the 2004 sidewalk program to include the installation of sidewalks on Highland Boulevard betweenJ<agy Boulevard and the trail north of Holly Drive, east side only and Kagy Boulevard from Highland Boutevard east to the trail, north side only, and with identified funding options to pay for those sidewalks including budgetary items, CTEP funding, project funds. and any others, such as special improvement districts. 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. In response to Acting City Manager Brey's suggestion, the Commission identified the steep grade, the closed loop streets, the high snow levels and drifting, neighborhood expression of opposition, geographical isolation, the number of driveways that would require alteration, the greater than normal installation expenses, and length of time between original buildout of this development and implementation of the sidewalk program as reasons for their decision to not require the installation of sidewalks in this area at this time. Break - 9:06 - 9:16 Dm Mayor Cetraro declared a break from 9:06 pm until 9: 16 pm in accordance with Commission policy. ProDosal to construct parking structure along south side of West Mendenhall Street between North Tracv Avenue and North Black Avenue Acting City Manager Brey reminded the Commissioners that this item was the subject of a special meeting on March 31, and that the decision was deferred until this meeting. Mr. Clotfelter presented a brief review of this application, noting the transportation bill was passed by the House of Representatives, but still needs to be passed by the Senate and ratified by the President. The federal requirement is that this be a central transportation hub, not just a parking structure. Private funding/equity has been secured for construction of the hotel, but financing for the convention center and performing arts center still needs to be procured. The design of the parking structure is still a big unknown, as are the costs. The traffic study suggested two streetlights be installed, and those will be expensive. Marrietta Glase, 3800 Richman Road, Belgrade, asked if Mr. Clotfelter would be willing to put up a $6 million bond to protect the taxpayers. Commissioner Krauss questioned the representation on the non-profit board, noting the City is putting up $3.5 million initially; and ultimately the City will have $6.3 million in bonds outstanding for the construction of this structure. He asked what security the City will have for its initial $3.5 million, and what security it will have for the $6.3 million. The City is completely involved in this and, in fact, will be on the hook for $6.3 million. Mr. Clotfelter responctedthat at the time this project reaches the $6.3 million mark, the City will be the owner of the garage and won't have to worry about the non-profit board. This is a separate tax increment bonding capacity from,JheCity'sbQnding capacity because the tax increment financing district was originally set up to fund a psfk.ing garage. The lease is non-subordinated; the City will never lose its land. If there were a foreclosure, it would be by the bank against the guarantors, not the City; the bank would have no recourse against the City. 04-05-04 - 16 - Commissioner Krauss pointed out the guarantors could sell their share of the property to someone else and asked what the City control would be then. Mr. Clotfelter answered 100 percent of the cash flow, after operating expenses and debt service, would go to the City. No one in between would be making any money. He has committed to taking fees for different things, but all other monies are going into this project. Five people are putting their credit at risk, without any personal benefit. Commissioner Krauss stated his preference to buy the PowderHorn property outright and up front, so the City has that transaction out of the way. Mr. Clotfelter stated that would complicate this process, and he doesn't want to do anything that will slow this process down. Commissioner Krauss inquired as to when the tax increment financing district will end. Mr. Clotfelter said the Bozeman School District and the County Commission have both agreed to extend the tax increment financing district for four more years, so it could possibly end in 2011 or 2012. Commissioner Krauss asked if there would be any legalities with the City bonding and paying bonds on a building the City doesn't own. City Attorney Luwe responded he would have to double check recent laws, but that was done for the alumni center in the early 1990s. He will make sure that issue is answered before any documents come before the Commission for approval. Commissioner Krauss then questioned how the additional floor will be paid for, if or when the need arises. Commissioner Hietala asked Mr. Clotfelter what the probability is that President Bush will veto the transportation bill. Mr. Clotfelter responded that as he understands it, this request is one specific line item; and the bill is $10 billion higher than the President has said he wants to spend. The Senate wants to add $30 billion more, so there needs to be a compromise. Jobs are very important to this President, particularly since this is an election year; and this will create jobs, but there is no clear-cut answer. Commissioner Hietala stated that given the strong probability that federal funding will come through, and given that there is a strong probability that the City can finance three floors of parking, it would be wiser for the City to embark on constructing the first three floors; and at the time federal funding comes through, embark on the final floor. Mr. Clotfelter responded that is basically what they are proposing. They will get as close as possible to 400 spaces or four floors, but realistically, it will probably be three floors. Federal funds could then be used for construction of additional floors. He suggested perhaps the City should plan for six floors, construct five floors, and be done. Commissioner Hietala asked that with $5 million from the transportation bill that Mr. Clotfelter shoulders the responsibility for initiating, how many parking garages are they planning to build? Mr. Clotfelter answered only one with him. If they can get federal funding, along with the $3.5 million from the initial tax increment, the private investors can be paid off real quickly, and they won't have to use the second half of the tax increment. He suggested the parking garage may be constructed with five floors, and then everyone can call it a day. Commissioner Kirchhoff inquired as to how required additional floors would be paid for and suggested that issue needs to be dealt with before the City moves forward. Acting City Manager Brey answered that Director of Finance Gamradt's assessment, as outlined in his memo of March 29th, is that a possible solution would include federal grants. If the transportation bill grant is not received at this point, there might be other grants available. In the position statement from the Parking Commission, Downtown Bozeman Improvement District Board, and Downtown Business Improvement District Board, they suggest a possible shortfall at the end of the project could be covered by a special improvement district. It is also possible that a revenue bond could be supported by revenues from the parking garage. The developer will endeavor to get all 400 spaces built in the initial project, which will take that issue off the table entirely. Commissioner Krauss asked ifthe City could borrow $1.3 million without a bond. Director of Finance Gamradt answered the City could borrow $1 million and financing the remainder shouldn't be a problem. 04-05-04 -17 - Commissioner Youngman suggested the Commission might want to give the downtown boards the assurances they are looking for in the motion, and she suggested it might be helpful for staff to include the eight points and assumptions included in the position statement. Commissioner Krauss questioned the City's representation on the non-profit board, asking if the Commission desired to discuss that now or at a later date. Commissioner Youngman suggested addressing that issue during contract negotiations, rather than now. Commissioner Hietala stated he is still hung up on the issue of constructing three floors versus four floors. He believes three floors is affordable, and there is a good prospect for four floors. When that prospect becomes reality, it will give the Commission an opportunity to revisit this project. Commissioner Kirchhoff asked Mr. Clotfelter what kind of impact the passage of the transportation bill will have on this project, assuming they are designing the entire structure and only building half of it. Mr. Clotfelter responded the project would have to be designed as a full garage. If the government is timely with its decision regarding the allocation of federal money, this project should flow very nicely because it is their goal to start construction in October; and they should know about the allocation of federal money by then. Commissioner Hietala said he would have no objection to tailoring this document to put the fourth floor in abeyance until the allocation offederal money is assured. Mr. Clotfelter replied the garage is already tied to three floors until, and if, the performing arts center is funded and ready to go, which isn't going to happen before the end of the year. Commissioner Kirchhoff inquired if the Commission should prioritize how that money should be allocated, if it is awarded, or should that be done at some future meeting. Commissioner Hietala responded he would like to forestall that one decision point until it is appropriate to discuss it. Acting City Manager Brey stated if federal funds are received, there are a couple of potential shortfalls including private investor buyout and City obligations, which would be two priorities of allocation before other items are considered. It was moved by Commissioner Kirchhoff, seconded by Commissioner Krauss, to direct staff to proceed with the project and bring back the appropriate documents, to include the following, for Commission consideration: 1. The public involvement component and expectations outlined in the RFP and in Prugh/Lenon's application materials will be followed, and that substantive public participation will be used to generate the design of the structure. 2. Any design elements greater than four stories above grade will be carefully considered in the context of the historic nature and scale of the downtown. 3. The structure will incorporate retail spaces. 4. The up front design fee of $150,000 of TIF will be repaid from bond proceeds. 5. The goal and intent of the City and Parking Commission is to buyout the private funding, so that the structure is eventually owned and managed by the City of Bozeman and the Parking Commission. 6. The City, IDB Board, and Parking Commission want substantive representation on the non-profit board that operates and manages the structure. 7. The initial structure will be a total of approximately 400 spaces. 8. Possible additional parking, using the funding proposal language: "At such time as the convention center/hotel is funded and under construction, the City of Bozeman will help to secure federal funds in order to provide or construct approximately 200 additional parking spaces if it is determined they are needed". 04-05-04 - 18 - 9. No special improvement district is anticipated at this time; however, if there is a tax increment funding shortfall and the City chooses to exercise its right to purchase the garage, it may create an SID or use other public funds to satisfy the shortfall. 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. Break 10:02 -10:06 pm Mayor Cetraro declared a break from 10:02 pm until 10:06 pm in accordance with Commission policy. Commission Resolution No. 3671 - aDDrovina and authorizina execution of Interlocal Aareement for the Creation. Establishment and Governance of the Montana Public Power Authority Included in the Commissioners' packets was a copy of Commission Resolution No. 3671, entitled: COMMISSION RESOLUTION NO. 3671 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING AND AUTHORIZING THE EXECUTION OF THE INTERLOCALAGREEMENT FOR THE CREATION, ESTABLISHMENT AND GOVERNANCE OF THE MONTANA PUBLIC POWER AUTHORITY BY AND AMONG THE CITY OF BOZEMAN, THE CITY OF BILLINGS, THE CITY OF HELENA, THE CITY OF GREAT FALLS, THE CITY OF MISSOULA AND THE CONSOLIDATED CITY/COUNTY OF BUTTE-SILVER BOW; APPROVING AND AUTHORIZING THE EXECUTION OF SUCH AGREEMENT BY THE CITY OF BOZEMAN; AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO. Also included in the packets were a memo from Acting City Manager Brey, dated April 1 , and a copy of the Interlocal Agreement for the creation, establishment and governance of the Montana Public Power Authority. Acting City Manager Brey stated he has been briefing the Commission as this discussion went along, and it is now at the point that there is an interlocal agreement and a resolution endorsing that agreement. He reviewed the financial responsibilities of this proposal, including the commitment of $5,000 for the City's share of the work that has been done to date, commitment of at least $25,000 to prepare the bid for bankruptcy court, and the obligation of $75,000 more, which doesn't come about until the bid is accepted. The presumption is the Montana Public Power Authority will go ahead and acquire the utility, and it will use one large revenue bond, based on rates, to acquire the utility. Billings has apparently stepped aside, leaving the remaining communities responsible to cover those costs. The interlocal agreement says no responsibility will exceed $100,000, and the only way the City would be responsible for $1 00,000 is if the Authority decides to authorize the due diligence effort to acquire the utility. Responding to Commissioner Kirchhoff, Acting City Manager Brey stated Billings may take another vote on this issue or they may not. As far as the viability of the overall project, Billings' decision to not join the Authority has no effect because the revenue bond will be in place; and Billings could buy in later. Butte, Great Falls, and Helena are favorable, and he hasn't heard from anyone in Missoula that they expect this issue to fail in their community. Commissioner Krauss stated he is in favor of proceeding with the execution 0 f the i nterlocal agreement because this is an important thing to be involved in and an important thing to do. Mayor Cetraro added that it was mentioned in the Mayor's Academy that smaller communities are interested and want to be on board, but they are waiting for this proposal to go forward. 04-05-04 -19- It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, to adopt Resolution No. 3671, approving and authorizing execution of the Interlocal Agreement for the Creation, Establishment, and Governance of the Montana Public Power Authority. 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. ADDointment of interim member to the Montana Public Power Authoritv Included in the Commissioners' packets was a memo from Acting City Manager Brey, dated April 1, 2004, providing background information on this appointment. Acting City Manager Brey provided his recommendation to appoint Commissioner Krauss as the interim member because of his well-qualified public finance expertise, coupled with an elected official's public representation, which will provide customers with a representative voice on the Board. It was moved by Commissioner Hietala, seconded by Commissioner Youngman, that Commissioner Krauss be appointed as the City's interim member to the Montana Public Power Authority. 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. Pre-application for D reliminarv plat for Flanders Creek m aior subdivision - 1 22-lot mixed use subdivision to be develoDed in two Dhases on 39.92-acre parcel bounded bv Cottonwood Road. Durston Road. and West Oak Street - Balian ProDerties for Garv Metcalf (3833 Durston Road) (P-04005) Included in the Commissioners' packets was a memo from Associate Planner Morris, forwarding the proposed subdivision. Planning Director Epple reviewed this application, noting this property was annexed last fall and is zoned R-3, with the northerly 10 acres zoned R-O. Items the developer and property owner would like Commission input on include the layout of the subdivision, parking on Cottonwood Road in front of the restricted size lots, the location of the east/west streets intersecting Cottonwood Road, the location of the alley, and parkland dedication. While staff supports the concept of the alley design, the distance of the alley west of Cottonwood Road is less than the 150-foot required minimum from its intersection with an arterial. Staff is, therefore, concerned with the lack of stacking space at this intersection, which may create a hazard. The City tries to not allow turning movements at 1 OO-foot alleyways. It is proposed the streets adjacent to the park be boulevard streets to improve the required 50 percent minimum parkland perimeter that must be adjacent to roadways. Cottonwood Road is designated as an arterial; and no parking is allowed on arterial streets, which creates a design problem for the restricted size lots that front Cottonwood Road. Planning staff is suggesting wider alleys, which would serve more like minor local streets. Commissioner Kirchhoff questioned if the lots on the south end of the proposed development are large enough to support 4-plexes, as proposed. Planning Director Epple responded they are 200-foot lots. Commissioner Kirchhoff asked if the applicant were so wedded to this design and wanted to go forward with this project, would variances or deviations be required for approval. Planning Director Epple answered that is difficult to address, but he doesn't believe relaxations can be granted for this project as designed. Referring to the lots fronting Cottonwood Road, Commissioner Kirchhoff stated he is assuming, since no parking is allowed on Cottonwood Road, that parking will be provided in the interior alleys. Planning Director Epple noted one idea is to require a super-alley design that will serve as a street and have some parking opportunities for those houses fronting Cottonwood Road. He suggested perhaps a 36-foot wide alley that would allow parking on both sides, while still allowing backing maneuverability. 04-05-04 - 20- Commissioner Kirchhoff stated it appears this is one of those situations where if the City wants a developer to adhere to its design principals, some of the residential density will be reduced. Planning Director Epple stated he believes that a creative design could maintain the desired density. Commissioner Youngman suggested perhaps parking could be allowed on Cottonwood Road until it functions as a major arterial, but she acknowledged that could potentially be setting up a situation where it could become a problem in the future. Dennis Balian, Balian Properties, stated they are here to get information from the Commission on the direction they would like this subdivision to take; the developers are not insistent on sticking with this design plan. Their goal is to create a nice neighborhood, not maximize density. The reason that providing parking in front of the houses that front Cottonwood Road is important is because adequate resident parking can be provided in the alley, but the guests will not have access to parking; and there needs to be pUblic parking spaces provided. In the Greater Bozeman Area Transportation Plan, 2001 Update, it says it is desirable to restrict parking on arterials; it does not say it must be restricted. If parking is not allowed on Cottonwood Road, these restricted-size lots will need to be redesigned to be double-front lots with shared parking. It is the desire of the developers to construct residences that front the street, with alleys in the rear. Commissioner Kirchhoff stated that discussions regarding the transportation plan update included conversations by the Commission that they were impressed with the idea that streets could carry more cars with restricted access. With less restrictions on accesses, there are more interruptions and a less efficient facility. He then pointed out parking is allowed on North 7th Avenue. Planning Director Epple replied that in most commercial developments on North 7th Avenue there are paved parking lots, which people use first. In a residential area, the number of people that park on the streets needs to be taken into consideration. The issue with parking on arterial streets is the stopping and backing that occurs on a street that is designed to move a large volume of traffic. Commissioner Kirchhoff asked if a center median is planned in this subdivision. Mr. Balian responded there will be an 18-foot wide center median. Commissioner Kirchhoff then suggested that rather than a center median, the developers create a parkway. Mr. Balian asked the Commission if they agree that a house that fronts Cottonwood Road needs guest parking on Cottonwood Road. He also asked if the Commission would prefer to see houses with alleys, noting that is their preference. However, if there is no parking allowed on Cottonwood Road, the houses will have to be double-fronted. Commissioner Hietala stated if parking is not allowed on the street, the houses shouldn't front the street. Planning Director Epple suggested perhaps the restricted-size lots shouldn't front Cottonwood Road; instead construct the multi-plexes with interior parking areas along Cottonwood Road and have the restricted-size lots on another local street with parking in front. Mr. Balian noted it would raise the density to put the multi-plexes on Cottonwood Road, which would change the character of the development. Mayor Cetraro inquired if the bungalows could be moved to front Durston Road. Commissioner Youngman noted there is never a stacking issue at 11th Avenue and Koch Street, even though there are lots of turning movements; and she doesn't believe it has ever caused a public safety issue in the time she has lived in that neighborhood. She believes the intersection of 11 th Avenue and Koch Street is a good parallel for Cottonwood Road. Commissioner Krauss questioned how nice-looking homes or bungalows can be built along an arterial, stating, in his opinion, he would rather see bungalows built with garages on alleys. He suggested widening the alley and putting public parking on the east side. Commissioner Krauss added it doesn't matter to him which way the homes face, but he would prefer to have single-family homes constructed along Cottonwood Road. Rob Pertzborn, architect, stated they would entertain the idea of some parking along Cottonwood Road, depending on what the City would allow. However, if this project is re-engineered around the parking issue, they will get a lot of "thou shalt nots" from the City boards when this project comes before them for review. 04-05-04 - 21 - Commissioner Krauss stated it is Commission preference to have the fronts of houses facing streets, including arterials; but then to say no one can pull up in front of them, that is a fundamental flaw of that argument. Commissioner Kirchhoff stated his recollection of the discussion regarding parking on arterials centered around the issues of capacity and optimal flows, not safety. Associate Planner Saunders noted Montana Department of Transportation engineers argued that arterials need a safe refuge area to pull over in the event of a flat tire or another emergency; and if the street were lined with parked cars, there would be no choice but to leave the vehicle in the driving lane. Commissioner Kirchhoff responded he doesn't believe a staging area is that important, and he believes the city could survive allowing cars to park on Cottonwood Road. The current conditions on Ferguson Road and Durston Road, with the dead spaces, aren't any better and isn't what the Commission is shooting for. Planning Director Epple stated everyone has a vision of homes that face streets with access to sidewalks and de-emphasizing garages. However, pulling the houses back into the property is going to be the key that needs to be investigated to make sure there is a safe refuge and a bike lane. Mr. Pertzborn stated the bike lane could provide an interesting buffer on Cottonwood Road. Mr. Balian pointed out they have heard comments that the east/west streets need to be continued throughout the subdivision, but then they hear comments that the block length is too long. The stipulation is that if critical lands are involved, the street layout may be altered; and they believe the layout of the park creates critical lands. Commissioner Kirchhoff noted a majority of the Commissioners seem to be receptive to some degree of parking on Cottonwood Road. He also noted connectivity is important, so he asked the developers to try to adhere to accepted engineering standards regarding the street design. Commissioner Kirchhoff then asked if the requirement that at least 50 percent of the parkland perimeter should be fronted by public rights of way is based on a per side or on a whole park basis. Planning Director Epple answered it is on a whole park basis. Staff update re selection of consultant to uDdate desian obiectives Dlans: reauest for additional fundinQ for proiect in next fiscal vear budget Associate Planner Saunders presented an update on the selection committee to hire a consultant to update the City's design objectives plans. That committee includes Chris Livingston from the Design Review Board, Dave Shepard from the Zoning Commission, JP Pomnichowski from the Planning Board, Mike Hope from the Planning Board, Dave Skelton representing staff, and Mayor Cetraro representing the Commission. At this point they have selected a consultant, and they hope to bring their recommendation to the Commission next week for approval. The committee hopes to hold the first public meeting at the end of April. When the committee wrote the request for proposals, it consisted of two parts; tier 1, which will update the existing corridor plan and tier 2, which will provide the development of general guidelines to interpret the existing standards outside of corridors. Associate Planner Saunders noted the committee has been fiscally conservative and has chosen to do only tier 1 , for which funding is available; but they would like to have tier 2 done next year. Tier 2 will be quicker and will build on the work that has already been funded for this year. Tier 1 cost approximately $45,000; and tier 2 will cost somewhat less, depending on how aggressive the scope is. He suggested a figure of $45,000 or so be used for budgeting purposes. The way the contract is currently structured, the second tier could be added as an addendum, or it could be presented as a separate request for proposals. Associate Planner Saunders reminded the Commissioners that the Unified Development Ordinance supports developing clear regulations and routine updates to keep them current and to support Bozeman's varied sense of place. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1) Memo from Neighborhood Coordinator Oulman, dated March 23, forwarding a listing of current representatives from the various organized neighborhood groups. 04-05-04 - 22- (2) Letter from Jan Elpel, 8215 Fowler Lane, dated March 29, protesting the allocation of $100,000 to enhance Soroptimist Park. (3) Copy of a memo from Director of Public Service Arkell to the Sign Foreman asking that no parking from 2:00 am to 7:00 am signs be posted on West Babcock Street between South 8th Avenue and South 5th Avenue. (4) Copy of a memo from Director of Public Service Arkell to the Sign Foreman asking that signs for parking control be installed on Mendenhall Street. (5) Newsletter from Headwater Recycling announcing that the next meeting will be held on April 8 at Boulder. (6) Updated listings of projects to be considered at upcoming Commission meetings, dated March 25 and April 1. (7) Agendas for the County Commission meeting which was held on March 30 and the meeting to be held at 9:00 am on Tuesday, April 6, at the Courthouse. (8) Agendas for the Development Review Committee meeting which was held on March 30 and the meeting to be held at 10:00 am on Tuesday, April 6, at the Professional Building. (9) Agendas for the Planning Board meeting to be held at 7:00 pm and the Zoning Commission meeting to be held at 7:30 pm on Tuesday, April 6, in the Commission Room (10) Notes from the Bozeman Area Bicycle Advisory Board meetings held on January 22, February 2, and March 2, 2004. (11) Notes from the Community Alcohol Coalition meetings held on January 21 and February 11, 2004. During his FYI, City Attorney Luwe announced his department is working on the required documents for the parking garage, and they will be brought forward to the Commission for consideration in the near future. Commissioner Kirchhoff offered the following FYI item: 1) The Commission needs to advise Mr. Delaney of its decision regarding his offer to buy Soroptimist Park. Commissioner Krauss suggested moving the open space to a spot in front of the new library and calling it Soroptimist Park, while selling the current parkland. The City could deal with the federal grant complication by changing the location of Soroptimist Park, and a public square in front of the library will be attractive. Acting City Manager Brey stated he will have a staff member get back to Mr. Delaney, advising him of the Commission's desire to have further discussion on this item. Adiournment -11:15 pm There being no further business to come before the Commission at this time, it was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the meeting be adjourned. 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. 04-05-04 ATTEST: ~{L~ Clerk of the Commission - 23- A PREPARED BY: KAREN L. DeLA THOWER Deputy Clerk of the Commission 04-05-04