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HomeMy WebLinkAbout2005-07-11 Minutes, City Commission MINUTES OF THE SPECIAL MEETINGIWORK SESSION OF THE CITY COMMISSION BOZEMAN, MONTANA July 11, 2005 ***************************** The Commission of the City of Bozeman met in special meeting and work session in the Community Room, Gallatin County Courthouse, 311 West Main Street, on Monday, July 11 ,2005, at 7:00 p.m. Present were 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, Planning Director Andy Epple, City Attorney Paul Luwe, and City Clerk Robin Sullivan. Mayor Andrew Cetraro was absent. The meeting was opened with the Pledge of Allegiance and a moment of silence. City Manager Kukulski requested that the review of possible scenarios for solid waste collection and disposal be continued to a special work session at next week's meeting. Authorize absence of Mavor Cetraro from this meetina It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the Commission authorize the absence of Mayor Cetraro from this meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, and Mayor Pro Tempore Krauss; those voting No, none. Sianina of Notice of Special Meeting Each of the Commissioners, in turn, signed the Notice of Special Meeting. Public comment Comment was received from several people regarding the proposed Durston road designs. Mr. Victor Sacco, Holiday Station Stores, stated he wants to make sure his letter submitted on June 14 has been made part of the record for the Durston Road design discussion, and submitted a traffic study report from his company's engineers and two options for design modifications. He voiced concern that the proposed median that would preclude access to his store for eastbound traffic would result in impacts on streets that are ill-equipped to handle the additional load. He then expressed a willingness to discuss the need for a median upon certain triggers if the City will allow the opening at North 20th Avenue to remain. Ms. Deb Stober, 395 Valley Drive, Vice Chair of the NorthWest Neighborhood Network, thanked the Commissioners and staff members who attended the public information meeting. She noted that the median is a big issue, stressing that a majority of the residents don't want the median extended past North 21 st Avenue but want access to all streets. She stated the neighborhood is thrilled with the Holiday Station Stores' proposed design and their expressed willingness to pick up the costs of future improvements in exchange for allowing the opening to remain at this time. She concluded by encouraging additional speed controls along Durston Road. Mr. Don Wirtz, 5540 Durston Road, stated he resides between North 25th Avenue and North 27th Avenue. He does not see the need for a median, cautioning that the result will be U turns which impede traffic flow. He also voiced concern that a median would not be adequately maintained if it was installed. Mr. Randy Kamp, 5570 Durston Road, stated that if a median is installed, he will not be able to turn into his driveway when he is traveling westbound. 07-11-05 - 2 - Ms. Ann Thorson, 320 North 21 st Avenue, asked that, if there is a median at North 20th Avenue there also be one at North 21 st Avenue to preclude cut-through traffic on that street. Mr. Harry Kirschenbaum, 141 Chouteau Avenue, noted that next week the Commission will be reviewing possible scenarios for solid waste collection and asked that he be allowed to make a presentation on behalf of BFI which would expand upon other proposals submitted by City staff. Ms. Vonda Laird, 414 North 20th Avenue, stated that, because of the way Bozeman has grown, the traffic itself has taken care of a lot of the problems that North 20th Avenue faced in years past. She finds the proposed median is not needed and asked that the status quo be retained in the new street design. Ms. Joan Rudberg, 2517 Valhalla Court, asked the Commissioners to disclose how much the televising of Commission meetings will cost the taxpayers or the cable television subscribers. Ms. Dawn Smith, 307 Pondera Avenue, asked the Commissioners to consider how pedestrians and biCYClists are to cross Durston Road on the trail that accesses the Harvest Creek park, noting that issue has not been addressed in any of the meetings. Mr. David Steel, 2518 Daffodil Street, identified several issues and concerns about the proposed design for Durston Road. He questioned why county residents are not bearing a portion of the costs, expressed surprise that the median has now been replaced by a center turn lane, and suggested that a traffic signal be installed immediately at the intersection of Durston Road and North 27th Avenue and a flashing light be installed at the intersection of Durston Road and North 25th Avenue at the school crossing. Comprehensive list of proposed revisions to the unified development ordinance to (1) complv with new statutory reauirements and (2) consider locallv initiated revisions (Z-04275) This was the time and place set for the public hearing on a comprehensive list of proposed revisions to the Unified Development Ordinance, as processed under Application No. Z-04275, to comply with new statutory requirements and to consider locally initiated revisions. Public hearing Mayor Pro Tempore Krauss opened the public hearing. Assistant Planning Director Chris Saunders presented the staff report. He reminded the Commission that the process was opened to allow all interested parties to submitted proposed revisions, and 306 proposed revisions were submitted. The Planning staff, various advisory boards and the Commission have reviewed several of those proposals and identified those to be forwarded through this initial formal process. He also noted that the state legislature made several revisions during the recent session, and the unified development ordinance must be revised to being it into compliance with those changes, which become effective on October 1. The Assistant Planning Director stated that the Planning Board and Zoning Commission conducted their hearing on these amendments at a joint meeting held on June 28. Following that hearing, the boards forwarded a recommendation for approval with some revisions. He then identified a couple substantial amendments and asked that revisions to Section 18.53.030.A. be removed from consideration at this time since more work is required on those revisions. Responding to Commissioner Youngman, the Assistant Planning Director confirmed that the Planning Board made three separate split motions; the recommendation now before the Commission includes the entire package. Commissioner Hietala submitted several edits for consideration; the Assistant Planning Director responded to each of those proposals. Mr. Joby Sabol, 225 East Mendenhall Street, spoke on behalf of Mr. Scott Hacker, a developer from Missoula. He noted that Mr. Hacker plans to submit an application for a large mixed residential development in the near future, and one of his issues of concern is the disparity between subdivision requirements and the unified development ordinance requirements for parkland for multi-family housing. 07-11-05 - 3 - He requested that the Commission be mindful of the need for affordable housing and cautioned that parkland requirements can have a drastic impact on the economic viability of such a project. Ms. Jeanne Wesley Wiese, 307 North Wallace Avenue, asked that the definition of parkland include wetlands. She also asked that cash-in-lieu of parkland dedication be used for parks and trails, voicing concern that cash-in-lieu of parkland in the northeast quadrant has now been earmarked for the new library site. She also asked that the City recognize the value of parks and wetlands in more natural habitats, which might result in the need to relax street paving and sidewalk requirements. Ms. Marcia Kaveney, 630 East Davis Street, expressed her support for Ms. Wesley Wiese's comments. She then asked that the Commission delay its action on the parkland issues or, if it chooses to act now, look at the proposed definition of park that includes wetlands. Since there were no Commissioner objections, Mayor Pro Tempore Krauss closed the public hearing. Decision Responding to Commissioner Kirchhoff, Assistant Planning Director Saunders stated the Planning Board was uncomfortable moving forward without the updated plan for parks and recreation. He noted that several other park related edits have been deferred awaiting that plan as well. He then acknowledged that the definition for parkland is broad, noting that the Parks, Recreation, Open Space, and Trails (PROST) Plan can the provide more detailed information. He stated that the revisions proposed were designed to clarify the standard and suitability of land. He then noted that the requirements for sidewalks and street frontage were recommended by the Commission. The current standard requires 50 percent frontage, and the Commission has recommended that be increased to 100 percent with the caveat that it can be relaxed in certain cases. He then turned his attention to Mr. Sabol's comments, noting that the standard for parkland dedication is designed to serve as an interim standard until the PROST Plan is completed. Responding to Commissioner Youngman, the Assistant Planning Director stated that under state statutes, a certain amount of land or its equivalent must be provided as parkland dedication. He noted that the requirement can be met through the dedication, a cash-in-lieu payment, dedication to the school district, or private protection of the land. He confirmed that riparian corridors and wetlands can be counted toward that requirement, exclusive of setback requirements. Responding to Commissioner Kirchhoff, the Assistant Planning director indicated that under these revisions, street frontage on all sides of parkland is the default position, with options and alternatives where critical lands or topography is involved. Commissioner Hietala expressed concern about those revisions pertaining to accessory dwelling units, stating he feels they need more discussion. It was moved by Commissioner Kirchhoff, seconded by Commissioner Youngman, that the comprehensive revisions to the unified development ordinance be approved as proposed, with the revisions contained in the memos dated June 28 and July 11, except for the proposed revisions to Section 18.50.030.A, and that staff be directed to bring back an ordinance enacting the revisions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Youngman, and Mayor Pro Tempore Krauss; those voting No being Commissioner Hietala. Commission Resolution No. 3818 - acceptina recommendations from Librarv Lands Task Force Included in the Commissioners' packets was a copy of Commission Resolution No. 3818, entitled: COMMISSION RESOLUTION NO. 3818 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ACCEPTING THE RECOMMENDATIONS FROM THE LIBRARY LAND TASK FORCE. 07-11-05 Also included in the packet was a copy of a petition containing 123 signatures asking that Soroptimist Park not be sold to generate revenues to cover the shortfall in funding for the new library. -4- Distributed just prior to the meeting were letters from Tim Crawford, 15 South Tracy Avenue, and Chris Pope, 1508 South Willson Avenue, voicing opposition to the proposed sale of Soroptimist Park. City Manager Kukulski reminded the Commission that the new library is being constructed on a site containing approximately 14 acres and, in late 2004, it was recognized that a portion of the open space may need to be sold to help fund the library project. At that time, there was substantial input from the community, including attendance at meetings and the submittal of a petition with approximately 1200 signatures pleading that the City not move too quickly in selling the lands around the library. The Commission responded by suggesting that a broad-based task force be created to assess the situation; and that group was given the charge to develop a plan to maximize the beneficial use of the 14-acre site around the new library while meeting economic constraints of the project through meetings facilitated by the Community Mediation Center. He stated that, following ten to twelve meetings, the task force forwarded a unanimous recommendation that was previously submitted to the Commission. He stated that, through adoption of this resolution, the Commission accepts those recommendations. He concluded by acknowledging that the new library has been both a great excitement to the community and a fair amount of frustration to those trying to figure out how to finance the project and ensure that the doors open in about a year. Commissioner Youngman noted that there has been a dramatic increase in construction costs since the new library project was first undertaken, and the Library Foundation has stepped up its efforts to assist in fundraising. She also noted that some items were eliminated from the project, with the line being drawn where quality would suffer. She characterized this as a cooperative effort, where a variety of people have worked together to identify alternatives. Commissioner Hietala requested that sale of the Soroptimist Park be removed from the resolution prior to its adoption. Mr. Chris Mehl, task force member, emphasized the wide variety of representation on the task force and acknowledged that their recommendations are not perfect. He stated, however, they tried to balance open space with the new library. He cautioned that their recommendations are a package, and removing any of the elements will cause it to unravel. Mr. Clinton Cain, 2551 Magenta Road, voiced opposition to sale of the Soroptimist Park at any price, and questioned how the City could begin to build a library without the proper amount of funds available when it started. He then noted the City has 80 acres along North 7th Avenue and needs only about 12 acres for the transfer station, leaving 68 acres that could be sold for approximately $17 million. He then noted that the Soroptimist Park was donated by Jim Ray and is used by everyone. He feels that small park should be retained in the middle of town rather than sold to generate a very small amount of money for the library project. Ms. Daria Joyner, 14000 Mountain Top Road, stated that, in both her professional and personal lives, she has worked with volunteers and the government to keep Bozeman a good place to live and work. She noted that once word is given, it must be kept or faith in the system and that volunteer effort will be lost. She stressed that maintaining the downtown area is critical, and that includes leaving Soroptimist Park where it is and enhancing it. Ms. Laurie Simms, 319 South Grand Avenue, stated she is a strong supporter of the library but strongly disagrees with the recommendations from the task force. She noted that the City Commission is elected and City staff hired to do no harm and to protect what the community has; and eliminating Soroptimist Park was be a disastrous legacy for the community. She noted that, once taken away, this little pocket park would be irreplaceable in the core of the community. Ms. Michele Letendre, 6755 Amsterdam Road, stated she spent thirty years in Bozeman, and she respects the work that has been done to protect wetlands and viewsheds. She encouraged the Commission to continue protecting the community's integrity and maintain the Soroptimist Park in its present location. Ms. Dede Taylor, member of the task force, noted that private reconstruction of the Milwaukee Railroad depot fulfills the intent of the library and provides an exciting potential for environmental education. She noted that another preservation issue is selling the land where Soroptimist Park is currently located, which addresses the long-term health of Main Street by allowing additional development in the core area. She acknowledged the attachment to the park and noted the unlikely pairing of the City Hall and Opera House that previously existed on that site. She finds the Soroptimist Park a good temporary solution for the 07-11w05 - 5 - empty lot, but noted that a good long-term solution must be provided to allow for the eastward extension of the downtown area. She suggested that an alternative vision is to reclaim the site for another historically appropriate building that may invoke the Opera House, with historic signs on the significance of the site. She encouraged the Commissioners to consider this alternative view of the site and to adopt the full set of recommendations, thus providing an opportunity to correct an awkward gap on Main Street. Mr. Jim Madden, 8363 Forswall Road, stated he works downtown and is a very strong advocate of the vibrancy of the downtown. He feels that Soroptimist Park is left over space that has failed to pull its weight in the urban fabric and reflects the fact that an historic building no longer exists. He suggested that it could be put to better use and become a contributing element in the downtown, and encouraged the Commission to adopt the task force recommendations as presented. Mr. Rick Klein, 171 Fort Ellis Road, stated the land on which Soroptimist Park sits was donated in perpetuity. He then stressed that sale of this property would generate only 2 to 3 percent of the monies needed for the library project, which is now estimated at $17 million. He voiced concern that the public was "sold a bill of goods" when it approved a $4 million bond issue that was to acquire land and construct a library. He noted that the monies were used to purchase a contaminated site, which then cost the entire bond issue plus nearly $1 million in donated landfill space. He cautioned that selling Soroptimist Park would set a very bad precedent and urged the Commission not to sell it. He suggested that the City consider selling the SAE House instead. He concluded by asking for information on funding of the library project and how the remaining shortage is to be covered. Ms. Jeanne Roby, 611 South Tracy Avenue, Past President of the Soroptimist Club, voiced her displeasure over the City's attempt to sell the park. She noted that she has lived in Bozeman since 1946 and, as a result, feels almost like a native. She does support the library, but expressed hope that the park can be saved, noting that its sale would contribute only a small portion of the monies needed. She also asked about the covenants on the land that result from the use of grant monies. She concluded by characterizing Soroptimist Park as unique and a small oasis in the downtown that should be preserved. Ms. Alice Fryslie, 1757 Highland Boulevard, also a Past President of the Soroptimist Club, stated she agrees with most of the comments that have been expressed about not selling the park. She feels that history and heritage would be lost in the destruction of the small oasis provided by Soroptimist Park. She urged the Commissioners to not sell the park but to listen to the voices of the people. Mr. Paul Reichert, Executive Director of the Downtown Bozeman Partnership, stated that sale of Soroptimist Park was discussed at length during last month's meeting of the Downtown Bozeman Improvement District Board and the Business Improvement District Board, and they made motions to encourage the Commission to not sell Soroptimist Park. They expressed concern over the loss of the only green space in the historic core and found it would be irreplaceable. The boards also expressed concern that there has not been any real opportunity to revitalize the park through the use of CTEP monies previously committed to that project. He concluded by asking that the Commission seek other revenues for the library rather than selling this property. Mr. Ted Lang, Gallatin Valley Land Trust, noted he was a member of the task force. He noted that once land is sold, it is gone forever, especially around Main Street. He noted that this is equally true of the land around the library. He indicated that, as a member of the task force, he does support the recommendation; however, he urged the Commission to proceed cautiously and slowly and to remember the critical importance of open land. Ms. Colette Kirchhoff, 516 South 6th Avenue, noted that she loves Burke Park and uses it daily. She also loves libraries and wants the new library to work; however, she finds it important to retain the open space in the historic core. As a result, she feels betrayed to be asked to choose between the library and Soroptimist Park, stating that an alternative should be found to generate that small amount of additional funds. Mr. Bob Haraden, 6504 Leverich Lane, stated he is a user of the library and an opponent of the removal of Soroptimist Park from its present site. He identified the great vision reflected in some of the great cities in the country, citing Central Park, the Commons in Boston, Franklin Park, the River Walk in San Antonio and Caras Park in Missoula as examples. He noted that, as a child, he remembers the local village green, noting those areas were kept inviolate. He characterized Soroptimist Park as a priceless gem in the historic district and encouraged the Commission to protect it. 07-11-05 -6- Mr. Jerry "JB" Bancroft, Library Board of Directors, stated he has been involved in the library project for the last five years. He characterized this project as one of the greatest assets to the community in twenty years, and acknowledged that it is complex and requires difficult decisions on priorities. He noted that, while he loves Soroptimist Park, he has found it is not a well used park and that it has deteriorated over the years. He suggested that relocating it to the new library, where more than 1,000 people can enjoy it, would result in it being more of a community asset. Ms. Joan Rudberg, 2517 Valhalla Court, questioned how one moves a park. She also reminded the Commissioners that the mural on the Eagles building was funded in part through the sale of bricks and questioned what will happen to that mural if the park is sold and a structure built. She further questioned what would happen to the Ten Commandments that stand in the park. She stated the lack of solid financing for the library project is scary and characterized it as the City's second debacle, right behind the SAE House. She concluded by stressing the importance of retaining the park in its current location. Mr. Elisha Mann stated that he has spent a lot of time in Soroptimist Park and has found it is well used. He noted that he plays music with his band members, serenading those who stop for lunch. He stated there is no other green space in the downtown but recognized that it lacks care. He concluded by stating he does not believe that removing sale of this property from the recommendations of the task force will unravel the entire project and encouraging the Commission to not sell the land. Ms. Adele Walstrom stated she came to Bozeman because she fell in love with the community, the people, and the beautiful downtown. She noted that many who work in the downtown, such as bank tellers, secretaries, and others who must conserve monies and pack lunches, go to the park to enjoy their lunches. She stated that moving the park a few blocks east will deprive those workers of a place to sit in the summer. She concluded by reminding the Commissioners that these people are their constituents and that they have been elected to represent those individuals. Ms. Mary Boustead, 4239 East Baseline Road, noted that the land where Soroptimist Park is located was donated to the City and the people of the city, not to the City Commission or the library. She encouraged the Commissioners to listen to those that have spoken in opposition to sale of this land and to retain the park. Mr. Blake Maxwell thanked the task force for their work. He noted, however, that the Commission has previously accepted a gift and must now live up to the obligations involved in doing so. Mr. Russ Nelson, Belgrade, stated he has worked downtown for twenty years and uses the park, eating lunch there two or three days a week. He noted that, during his times there, he has seen families stop for a break, other business people eating there, and daycare children stopping for story time and games. He stated the park needs to be better maintained and encouraged the Commissioners to acknowledge the work that the Soroptomist ladies put into raising funds and improving the park. He also cautioned that the matching grant monies used to complete the park improvements are federal funds and stressed the importance of finding the original documents to determine the restrictions that may still exist. He voiced concern that this item, as listed on the agenda, may not provide adequate disclosure to the community about the extent of the recommendations from the task force. He stated that he does respect the time and effort of the task force, but voiced concern that citizens were not represented on it. He then drew attention to the Bozeman Daily Chronicle's editorial finding it a bad idea to sell Soroptimist Park and urged the Commission to listen. He concluded by encouraging the Commission to retain this jewel for the downtown and indicating that the employees of First Security Bank would be willing to mow the park and spray the weeds. City Manager Kukulski indicated that some title work has been done on the Soroptimist Park site. He noted that City staff has always known a grant funded a portion of the renovations and that the City would have to abide by those restrictions. He stated it is staff's understanding that there are ways to resolve the obligations that are tied to those previous grants. City Attorney Luwe stated the title report indicates no reversionary clause, restrictions, or clouds as a result of using federal monies. He noted, however, that he is awaiting documents on the grant to determine what restrictions may be included in them. 07-11-05 - 7 - City Manager Kukulski addressed some of the issues raised in public comment, noting that the City currently has a request for proposals for sale of the SAE House, with the proceeds from that sale being used to replenish the City's cash reserve. Responding to Mayor Pro Tempore Krauss, City Manager Kukulski confirmed that the Mandeville property was purchased with solid waste fund monies, and sale of that property would result in monies being returned to that fund. He noted that monies could be loaned from that fund to the general fund, but need to be repaid since the funds are separate entities. Responding to Commissioner Hietala, the City Manager indicated he would strongly discourage any attempt to donate the lands for other uses, and reiterated the need to keep the various funds separated. Commissioner Kirchhoff suggested that more due diligence be done on the block along the east side of South Wallace Avenue, where Empire Building is located and extending southward. He suggested there may be a possibility of doing an urban renewal project in that area, providing a much larger block where development could happen. He stated this alternative would help meet the short term needs of the library and the long term need for redevelopment in the downtown area. He concluded by voicing his support for adopting the resolution without the sale of Soroptimist Park in it. Mayor Pro Tempore Krauss stated he is interested in building to urban density and in building roads that are already platted. He noted the City is currently building a library and is not quite sure how to pay for it. He acknowledged the argument that the task force recommendation is a package deal is a strong one, but if the City were to receive $450,000 from the tax increment financing district for Soroptimist Park, the task force recommendation would be made whole. One of his concerns about the recommendation is the official survey of lands purchased with the bond issue so an appraised value can be assigned. He thanked those who served on the task force and for the unanimous recommendation. Commissioner Hietala stated it is too early to commit to selling Soroptimist Park but the library is under construction. He suggested a temporary loan while another source of the $450,000 anticipated from that sale can be identified. He concluded by indicating his support for the resolution with that proposed change. Commissioner Youngman noted that Bozeman is a community that wants everything, and noted that the room has filled on a variety of issues, including saving of the Story Mansion; protecting Burke Park, the cemetery, Lindley Park and open space; and now protecting Soroptimist Park. She suggested that the Commission accept the recommendations from the task force, tabling indefinitely the possible sale of Soroptimist Park to give time to identify alternative funding. She also expressed support for exploring the possibility of urban development at the intersection of South Wallace Avenue and East Main Street and possible land trades. She also suggested that the City arrange for a survey and appraisal of the land around the library site, but commit to not selling more open space that is currently proposed. She cautioned that giving up more open space than proposed by the task force will result in the loss of the ability to raise funds and support for the project. She concluded by noting that a lot of great ideas have been submitted during this discussion. Mayor Pro Tempore Krauss expressed concern about tabling indefinitely the possible sale of Soroptimist Park, noting that expenses for construction of the library are occurring on finite time. Responding to Commissioner Youngman, City Manager Kukulski stated in that in the short term, the City has always known a bridge loan would be needed, and he anticipates that will be $1.3 to $2.3 million, although this winter he anticipates the shortfall will be about $3.5 million. Mayor Pro Tempore Krauss noted that the projected bridge loan is dependent on an additional $1 million fundraising effort. He also stressed that a bridge has landings on both sides and, as a result, it is important to have a specific time when those monies are to be repaid. He then acknowledged that the Commission recognized early on that sacrifices would be necessary and priorities changed to accomplish the new library project. He expressed a willingness to consider alternatives for the $450,000 anticipated from sale of Soroptimist Park but feels a source needs to be identified by a time specific. Commissioner Youngman suggested that a report be provided in November, which would dovetail with the timetable that has been established. 07-11-05 -8- Mayor Pro Tempore Krauss expressed concern about the projected $2.5 million negative balance in the general fund at the end of the project. He then indicated that he does not support another bond issue to cover that shortage, particularly in light of the other community needs such as the jail and the high school. City Manager Kukulski noted that cutting operational expenses in the library budget has been a part of the bridge component if the project cannot be otherwise fully funded. Assistant City Manager Ron Brey stated he anticipates an appraisal of one acre just south of the new library and Soroptimist Park will be undertaken later this month and asked for direction on whether to proceed with those appraisals since their shelf life is relatively short. Mayor Pro Tempore Krauss voiced his interest in a survey and appraisal of the entire 14-acre parcel where the new library is being constructed. He also noted that, since the site is no longer used for a railroad, the gridded street system remains in place and suggested that a land swap could be undertaken, if necessary, to provide streets in optimal locations. The Assistant City Manager responded that since the subject property is platted, he does not believe a new survey is needed. Responding to a proposal from Commissioner Kirchhoff that development of portions of the triangular pieces be considered, Commissioner Youngman stated she could not support any more development of the site than absolutely essential to fund the library. It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that Commission Resolution No. 3818, accepting the recommendations of the library lands task force, be adopted as revised to delete the line pertaining to relocation of the Soroptimist Park and selling of the current site, and postpone consideration of that issue indefinitely while: (1) giving the IDB and BID as well as citizens until October to identify alternative funding; (2) giving the DBA and others time to master plan downtown plazas, picnic area and green space; (3) giving an opportunity to explore redevelopment of property along North Wallace Avenue; (4) preparing of an urban design for a portion of the library site not needed by the library; (5) proceeding with appraisal of the property at the new library site and the Soroptimist Park, and (6) committing to not selling additional land at the new library site simply to cover the shortfall created by deleting sale of the Soroptimist Park site. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, and Mayor Pro Tempore Krauss; those voting No, none. Break - 10:20 to 10:35 p.m, Mayor Pro Tempore Krauss declared a break from 10:20 p.m. to 10:35 p.m., in accordance with Commission policy. Authorize expenditure of monies from bia box monies earmarked for economic development as City's share of local match for MicroBusiness Loan Included in the Commissioners' packets was a memo forwarding the request from the Gallatin Development Corporation for $19,500 to provide a portion of the local match for an application to the Montana Department of Commerce for a MicroBusiness Revolving Loan Fund to serve Gallatin and Park Counties. City Manager Kukulski noted that this request is for $19,500 each from Gallatin County and Park County to leverage $350,000 in economic development monies through the State of Montana Department of Commerce. He then suggested that this would be an appropriate use of that portion of the big box monies earmarked for economic development. It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the Commission authorize expenditure of $19,500 from the big box monies earmarked for economic development to fund the City's portion of the local match for the MicroBusiness Revolving Loan Fund as proposed by the Gallatin Development Corporation. The motion carried by the following Aye and No vote: those voting Aye being 07-11-05 - 9 - Commissioner Kirchhoff, Commissioner, Hietala, Commissioner Youngman, and Mayor Pro Tempore Krauss; those voting No, none. Proposal from Mike Oswald. Bresnan Communications. reaardina a citv channel for the Citv of Bozeman Mr. Mike Oswald, General Manager ofthe local Bresnan Communications office, noted that a couple of weeks ago, Mr. Doug Johnson made a presentation to the Commission regarding a contract to negotiate a cable franchise agreement with Bresnan Communications on behalf of the City. He offered to provide a channel specific to the City and purchase the equipment necessary to televise Commission meetings without any type of agreement. Responding to Commissioner Youngman, Mr. Oswald stated that the schools have already been wired, and Bresnan Communications will wire the Community Room in addition to providing the equipment so the meetings can be televised. He then cautioned that a franchise agreement will result in a tax on consumers, and those on dish systems would not have access to the meetings. He estimated that 50 to 52 percent of the homes in Bozeman are on the Bresnan cable system. He suggested that other items beyond televised meetings could be considered at a later date. Further responding to Commissioner Youngman, Mr. Oswald suggested that high school students or MSU media students could be used to cover camera time and editing. Commissioner Hietala voiced his support for this proposal, characterizing it as an excellent starting point. City Manager Kukulski stated this offer puts staff in a dilemma, noting that it results in the continuation of baby steps while the hiring of Mr. Johnson would provide an opportunity to move forward quickly over the next six months to two years. He stated that, if the Commission seriously wants to get its meetings televised, hiring a consultant would ensure that it happens quickly and in a manner that represents the City's best interests. He then voiced a willingness to work with Mr. Oswald but encouraged the Commission to also authorize the hiring of a consultant. Mayor Pro Tempore Krauss noted that Commissioner Youngman has been working diligently on this issue for the past twelve years, and the subject of cable television franchising has been previously studied. He then stated any proposal that does not include ongoing costs of production will not work for the City. He concluded by expressing his disappointment that this type of discussion has not been previously forthcoming. Mr. Oswald responded that the company is always open to dialogue, but cooperation by all parties is essential. He then stated that, if the City wishes to enter into a franchise agreement, he feels it can be done without a consultant. Responding to Mr. Oswald, the City Manager stated that authorizing him to negotiate with the consultant will be on an upcoming Commission agenda, which allows that parallel track to remain an option if needed. Mr. Oswald thanked the Commission for this opportunity to submit his proposal. Review of proposed design for Durston Road improvements from North 19th Avenue westward to Fowler Avenue Included in the Commissioners' packets was a memo forwarding two proposed designs for the Durston Road improvements and a list of pros and cons for each design. Also included in the packet was a letter from the Brentwood Subdivision, Phase I, Homeowners' Association Board of Directors submitting their concerns. City Engineer Rick Hixson highlighted the timeline for the Durston Road improvements, noting that the creation of a special improvement district is to be undertaken this fall, with bidding to be done in early spring and construction in the summer. He stated the one outstanding issue in the final design is the 07-11-05 - 10- median west of North 19th Avenue. He reminded the Commission that Durston Road is a minor arterial and the typical section in the Greater Bozeman Area Transportation Plan, 2001 Update shows a raised median. He noted that the information in the packet includes a memo detailing the public meetings held so far and outlining his recommendations, which include preserving the median between North 19th Avenue and North 21 st Avenue. He noted that Durston Road west of North 19th Avenue is similar to West Babcock Street, which were initially county roads with many direct accesses to private property. Those roads have since been surrounded by, and incorporated into, the city and, since these are roads by use, right-of-way is an issue. He noted that in many places, there are 75 feet of right-of-way and the transportation plan shows 100 feet for a minor arterial. He acknowledged that Durston Road has some of the functions of a major arterial but it also has some of the functions of a collector. The City Engineer stated that public meetings were held on May 24 and June 30 and, during those meetings staff heard a lot of concern from adjoining neighborhoods about getting onto Durston Road. He stated the two-way center turn lane better accommodates that access than a raised median, and staff believes that it will also minimize cut-through traffic on area streets. He also cited cost as a reason to eliminate the raised median, which would cost an estimated $200,000 for just curbing and a non-organic filler. He further indicated that he does not believe medians would contribute to pedestrian safety; rather, he suggested that can be accomplished through the construction of sidewalks, pedestrian crossings and a flashing light at North 25th Avenue. He concluded by forwarding his recommendation that staff continue to design the roadway with a center turn lane. Responding to Commissioner Kirchhoff, City Engineer Hixson stated that a raised median was initially proposed because it was an element in the design for minor arterials in the transportation plan. He noted that, in certain instances, they provide for better traffic flow. Also, he noted that raised medians can be easily installed when building a minor arterial in an unimproved corridor; however, he noted that when improving a county road with numerous private driveways, it is more difficult to include them. At Commissioner Youngman's request, City Engineer Rick Hixson responded to suggestions in the letter from Deb Stober. He stated that, if the Commission directs the opening to remain at North 20th Avenue, Holiday Station Stores has agreed to pay the costs of closing it when determined necessary. He suggested that the median be permanently installed, however, rather than using pin downs as suggested. He cautioned that there have been ten accidents in four years at this intersection. He further indicated that he does not like any of the suggested designs submitted by Holiday Station Stores but asked that the Commission choose the design submitted by Morrison-Maierle if the access is to remain open. Responding to Commissioner Hietala, the City Engineer stated he anticipates some of the new development along the north side of Durston Road will be served by West Oak Street; however, he suggested the southern half of those developments will be served by Durston Road. He then indicated that there are 11,000 vehicles trips per day on Durston Road, and suggested that could easily increase to 14,000 trips per day with the additional development. Responding to Commissioner Youngman, the City Engineer suggested either a bouncing ball light or a variable speed sign at North 25th Avenue to help control the traffic at that school crossing. Commissioner Kirchhoff expressed his interest in slowing traffic and proposed refuge bulb-outs in lieu of the narrower driving lanes that have been widened in this design. The City Engineer responded that the purpose of an arterial is to move traffic, and the roadway needs to carry speed to provide the needed capacity. Responding to City Manager Kukulski, the City Engineer stated that additional right-of-way is needed to provide a raised median. He then noted there are no medians between North 7th Avenue and North 19th Avenue and, based on the continuation of that street configuration and public input, he supports the center turn lane in lieu of the raised median. 07-11-05 Responding to Mayor Pro Tempore Krauss, the City Engineer stated that pedestrian crossings are preferable at intersections rather than mid-block. He then confirmed that a pedestrian crossing is proposed at North 27th Avenue and at Hunters Way. Further responding to the Mayor Pro Tempore, City Engineer Hixson stated the proposed boundaries for the special improvement district extend halfway to West Babcock Street and West Oak Street. - 11 - Responding to Commissioner Hietala, the City Engineer recommended that a traffic study be done once the improvements are completed and the speed limit set at the 85th percentile. Mayor Pro Tempore Krauss reminded the Commission of developments further west, including Black Bull Run, which will be accessed by the extensions of roads, including Durston Road. He then indicated his support for medians, particularly in light of how busy he anticipates the street will become in the future. Following discussion in which the Commissioners recognized the benefits of a raised median but acknowledged the recommendations from the City Engineer, the Commission requested that final configuration of the Durston Road improvements be placed on the July 25 agenda for consideration and action. Review of possible scenarios for future solid collection and disposal activities Included in the Commissioners' packets was a memo from Director of Public Service Debbie Arkell forwarding a series of scenarios regarding the future of solid waste collection and disposal and recycling. Due to the late hour of the meeting, this discussion was continued to a special work session at next week's meeting. Pre-application for Wilda Lane Maior Subdivision - subdivide 1.218-acre parcel described as Tract 7. Cahill Subdivision. into 8 townhouse lots or 6 sinale-household lots (lvina alona east side of Wilda Lane) - Dan Barnes (P-05021) Included in the Commissioners' packets was the pre-application for the Wilda Lane Major Subdivision, as submitted by Dan Barnes under Application No. P-05021 , to subdivide a 1.218-acre parcel lying along the east side of Wilda Lane, south of its intersection with West Babcock Street, into eight townhouse lots or six single-household lots. Planning Director Andy Epple gave an overview of the project on behalf of Senior Planner Dave Skelton. He noted the proposal contemplates townhouse clusters under "R-2" zoning. He noted the applicants have indicated a willingness to consider six single-family homes in place of the eight townhouses if necessary. He stated the proposed lots are approximately 6,000 square feet, which staff finds would fit with surrounding development. He identified issues on which feedback is sought, including the proposed park dedication or cash-in-lieu payment. Mr. James Nickelson, Morrison-Maierle, noted the subdivision was created in the 1950s, when no parkland was required. The applicant wishes to now construct residences on this site and is requesting guidance on the parkland. He cautioned that the street frontage requirement cannot be met for this park and acknowledged that the proposed 20-foot park strip along the back of the properties does not meet the Commission's preference. Commissioner Youngman stated that having a narrow strip of land behind six houses is not acceptable as parkland. She noted, rather, that the parkland needs to be squared and touching the road in the middle of the development or on the north end, suggesting that it could be developed as a tot lot. Mayor Pro Tempore Krauss voiced his appreciation for the proposal to construct six single-family residences on this property. He suggested that cash-in-lieu of parkland may be preferable to dedication of parkland in this instance. Commissioner Kirchhoff expressed support for a cash-in-lieu payment. Commissioner Youngman indicated that she also supports cash-in-lieu unless the Recreation and Parks Advisory Board finds that alternative unacceptable. 07-11-05 - 12 - Informal review - Baxter Meadows Planned Unit Development. modify previouslv-approved concept plan for planned unit development to allow applicant to develop -340 acres as a neo-traditional mixed use development - Baxter Meadows West. LLC (Z-05103) Included in the Commissioners' packets was the informal application for Baxter Meadows Planned Unit Development, as submitted by Baxter Meadows West, LLC, under Application No. 2-05103, to modify the previously-approved concept plan to allow the applicant to develop -340 acres as a neo-traditional mixed use development. Contract Planner Lanette Windemaker gave an overview of the project. She stated that the applicants wish to discuss the western quadrant of the development, noting that this proposal is tied to the zone map amendment that will be considered at next week's meeting. She highlighted the modifications to the previously-approved concept plan, which include eliminating the equestrian area, increasing the density, creating a grid street pattern, and providing restricted size lots to the east. She noted the result of these modifications is more lots and less open space than previously proposed. Commissioner Kirchhoff noted the horse estates were initially proposed in light of the dairy farmers and rural quality to the west. He stated that, with the changes occurring in county properties to the west of the community, it doesn't make sense to design to rural standards. Commissioner Youngman noted that the Commission has downzoned other properties, requiring less density, more single-family units, and larger lots on Bridger Drive. In this instance she is concerned that the adjacent property owners have made improvements to their own properties based on similar anticipations for this site in light of previous decisions and the negative impacts that these proposed changes might have on those properties. Responding to Commissioner Kirchhoff, the Contract Planner stated the properties across the street are agricultural, and there are two more agricultural properties to the north. Mr. Mike Potter, applicant, noted that the subject property is located in Phase III of the Baxter Meadows Subdivision. The concept plan for the subdivision was originally approved in 2001, and in 2002 the concept plan for this phase was approved based on a cul-de-sac street layout. As this portion of the property has come into the process, he has found that a gridded street system and continuation of the open space and trails system would be preferable and result in a larger park. He noted that he has spent time with the neighbors and has incorporated their input into the proposal. He stated that, through tighter, more gridded lots, he can open up the western edge to lower density development. He noted it is his understanding the dairy is now short term and, as a result, may change the need to provide a buffer. Mr. Potter asked that credit for restricted size lots be given for the smaller lots on which bungalows and cottages are constructed, stating he feels they meet that requirement. He then turned his attention to themes for the various house types, noting they include village lots to accommodate traditionally designed homes with alleys. Those lots will include covenants, restrictions, and architectural guidelines to ensure that the development is appropriate. He concluded by stating the reconfiguration of this phase will not result in a significant increase in the number of dwelling units with the subdivision. Responding to Planning Director Epple, Mr. Potter stated he proposes to extend Equestrian Drive through the development to connect to Harper Puckett Road at some time in the future. He noted, however, that he does not want to complete that extension until the appropriate time. Contract Planner Lanette Windemaker cautioned that the modified plan will likely require additional deviations. Those might include allowing restricted size lots to be smaller than permitted, to allow the houses to be larger than the percentage permitted, and to allow for delayed improvements to the extension of Equestrian Drive and Harper Puckett Road. Responding to Mayor Pro Tempore Krauss, Mr. Potter stated that smaller lots are typically more affordable, but smaller lots with larger homes don't meet the code requirements. Mayor Pro Tempore Krauss stated more north/south and east/west connections are needed. 07-11-05 - 13 - Responding to Planning Director Epple, Mr. Potter stated the lots on the north and west are to be approximately 12,000 square feet, with 8,OOO-square-foot lots on the interior. He indicated that the traditional lots are to be 8,000 square feet. Commissioner Hietala expressed his support for alleys,noting that they provide access to the rear of the lot. Mayor Pro Tempore Krauss thanked the applicant for the opportunity to review this informal application. Pre-application for Baxter Meadows III Maior Subdivision - subdivide -85 acres located aenerallv northeast of Baxter Lane and Harper Puckett Road, and west of Baxter Meadows Subdivision. Phase I. into 155 sinale-household lots - Baxter Meadows West. LLC CP-05022) Included in the Commissioners' packets was the pre-application for Baxter Meadows III Major Subdivision, as submitted by Baxter Meadows West, LLC, under Application No. P-05022, to subdivide -85 acres located generally northeast of Baxter Lane and Harper Puckett Road and west of Baxter Meadows Subdivision, Phase I, into 155 single-household lots. The comments from the previous agenda item pertained to this one; no additional comment was provided under this agenda item. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1) Letter from Jose Castro, District Ranger for the Forest Service, dated July 1 , announcing the meeting scheduled for 10:00 a.m. on Monday, July 25. (2) Letter from Alec Hansen, Executive Director of the Montana League of Cities and Towns, announcing that the annual conference will be held September 27 through 29 at the Red Lion Colonial Inn in Helena, along with the tentative program for the conference. (3) Copy of the notice of public workshop on the update to the design objectives plan for the neighborhood conservation overlay district, scheduled for 7:00 p.m. on Tuesday, July 26, in the Community Room at the Bozeman Public Library. (4) Agenda for the School District No.7 Board of Trustees meeting to be held at 7:00 p.m. on Monday, July 11, at the Willson School. (5) Agendas for the County Commission meetings to be held at 9:00 a.m. on Tuesday, July 12, and 1 :30 p.m. on Wednesday, July 13, at the Courthouse. (6) Agenda for the County Planning Board meeting to be held at 6:30 p.m. on Tuesday, July 12, along with minutes from the meeting held on June 28. (7) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Wednesday, July 13, in the Commission Room. (8) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Wednesday, July 13, in the Commission Room. Adjournment -12:45 a.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Hietala, seconded by Commissioner Kirchhoff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Kirchhoff, Commissioner Youngman, and Mayor Pro Tempore Krauss; those voting No, none. 07-11-05 - 14- ATTEST: ({~L~ City Clerk 07-11-05