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HomeMy WebLinkAbout2004-05-17 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA May 17, 2004 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, May 17, 2004, at 3:00 p.m. Present were Mayor Andrew Cetraro, Commissioner Jeff Krauss, Commissioner Marcia Youngman, Commissioner Steve Kirchhoff, Commissioner Lee Hietala, Acting City Manager Ron Brey, Director of Public Service Debbie Arkell, Planning Director Andy Epple, Staff Attorney Tim Cooper and Clerk of the Commission Robin Sullivan. Signing of Notice of Special Meetina Each of the Commissioners, in turn, signed the Notice of Special Meeting. Work session - Conditional Use Permit for West Winds Planned Unit Development to establish a unified development plan for a 161.30-acre subdivision for development of 213 sin ale-household. 92 townhouse. 5 multi-household. and 8 senior assisted living lots with several relaxations from the Unified Development Ordinance Acting City Manager Brey reminded the Commissioners that, because of the number of outstanding issues that arose during last week's public hearing, they chose to conduct a work session prior to continuing the public hearing. He noted that distributed to the Commissioners late last week was a proposed agenda for this work session as prepared by the applicant. Distributed just prior to the meeting was a memo from Associate Planner Jami Morris, dated May 17, identifying five items where outstanding issues remain. He then reminded the Commissioners this is an opportunity for them to discuss the issues among themselves and provide direction to the applicant, with no requirement for allowing participation from the public. Mayor Cetraro characterized the planned unit development process as a give and take situation and noted that, as a result of this work session, he hopes the Commission may reach some consensus. Commissioner Kirchhoff noted that each of the Commissioners has different concerns about this project. He stressed that this planned unit development process is really a series of decisions and choices that result in the development of a new neighborhood. This process gives the applicant and the Commission a unique opportunity to fudge on the typical zoning requirements, with the bottom line being a product that is superior to a literal interpretation of the regulations. He acknowledged this neighborhood plan has come a fair way since its inception, and he finds it has a way to go. Commissioner Kirchhoff turned his attention to those issues about which he is most concerned. He noted that under the old code, a planned unit development was required to provide 30 percent open space; under the Unified Development Ordinance, a planned unit development may meet the required performance points by either providing 30 percent open space or providing a certain amount of affordable housing. In this instance the applicant has chosen to meet the performance points through providing affordable housing. Under the subdivision process, however, the applicant is still required to provide parkland; and it is essential that the issues of parkland and affordable housing be separated and that the applicant recognize one cannot be used as a bargaining chip for the other. Commissioner Kirchhoff turned his attention to the issues identified in staff's memo, stating that he does not support narrowing the setback requirements along the watercourse; and if that narrowing is allowed, it should be only for superior design and not for affordable housing. Further, it appears some of the housing units are proposed within delineated wetlands and should be removed from the plan if they truly are located within wetlands as delineated by the Department of Fish, Wildlife and Parks. Commissioner Kirchhoff proposed that more openings be made into the parkway, at a width that makes those entries easily identifiable and inviting. He suggested one of those openings could be provided 05-17-04 . ----.---------..-.-- -2- by eliminating the lot at the end of Winter Park lane and shifting the remaining lots to provide a 35-foot-wide access to the park. The Commissioner then turned his attention to the buffer strip proposed on all four sides of the proposed development, adjacent to the surrounding major streets, noting that elimination of those buffer strips and double loading the lots adjacent to those roadways with service alleys was identified as preferable during the informal reviews of this project. He then contrasted the Ferguson Meadows, Durston Meadows and Harvest Creek Subdivisions with the Valley West Subdivision. He noted that, in the first three subdivisions, the lots are designed so that the rear yards abut the adjacent major street; and tall, solid, forbidding fences have been constructed. In Valley West Subdivision, on the other hand, the lots are designed so the front porches address the street, creating a much more friendly and inviting atmosphere. Further, that subdivision reflects a good mix of condominiums, townhouses, duplexes and single-family residences rather than the segregation of housing types proposed within this development. Commissioner Kirchhoff then turned his attention to the responsibility for maintenance of the boulevard and stream/ditch adjacent to Ferguson Meadows Subdivision, characterizing it as being "not very sightly". He noted that this situation has resulted in consternation for the City's Engineering Division and telephone calls from concerned residents to various Commissioners, a situation he hopes to avoid creating with this development under consideration. He then stressed that the Commissioners are the custodians of the public domain; and he feels it is critical to create an amenable, friendly and functional street network that connects with the adjacent residential areas. Commissioner Kirchhoff indicated his last major concern is the lack of interconnectivity, particularly on the east side of the neighborhood. He noted that this applies to the street network as well as the trail network. Further, the different dwelling types are proposed in quadrants, rather than intermingled. He cited Valley West Subdivision and, to a lesser extent, Baxter Meadows as examples of subdivisions where intermingling of housing types has been successfully accomplished. Commissioner Hietala stated he feels it is necessary to avoid an impasse; and it is apparent the developer, on one hand, is firm in his idea and that staff, on the other hand, is firm in its position. He noted that he is open to utilizing some concessions for the provision of affordable housing and senior housing. He agrees that elimination of a buffer around the development could free up some space and allow for flexibility in designing this project. He then turned his attention to transportation connectivity, stating he is sympathetic with the neighbors on Hunters Way who would like to see some type of disconnect so that street doesn't become an arterial. He voiced concern that the small lots for density development are very small and don't provide access to the back yards, stating he would prefer to see something more accessible. He concluded by asking that staff provide a net buildable area comparison between this development and other comparable developments. Responding to Planning Director Epple, Mayor Cetraro indicated he would like to see a comparison between this proposed development and the older part of town as well as other developments similar to this proposal. Commissioner Krauss noted the biggest error he sees in the layout is the lack of conformance with the regional trail plan, stating he does not view the "little brown line along Tschache lane" as what was anticipated in the trail plan. He also questioned how the trail network within this development ties to the adjacent trails, particularly on the west end. He voiced a willingness to allow for reduced setbacks on lots immediately adjoining corridors into the park corridor along the watercourse if those corridors were widened to 50 or 60 feet, making them an easily discernible way to access the park. He suggested that additional accesses be provided at Winter Park lane and one at mid-block between Breeze lane and West Oak Street. Commissioner Krauss voiced concern about running a trail down either side of the park area, next to residential lots, particularly in light of experiences encountered in a subdivision on the south side of town. He observed that people using those trails feel like they are in private back yards; and residents feel like the trail users are intruding into their space. He also expressed concern about the four lots proposed along Buckrake Avenue in the corner of the park area, since they encroach into the park and residents must be prepared for people, dogs, kids, balls and whatever else to enter their back yards. Commissioner Krauss aCknowledged there are some economic realities associated with providing affordable housing; and he feels those issues need to be discussed. Also, he finds it important to discuss the applicant's concern about providing the minimum amount of parkland versus providing more. He noted 05-17-04 - 3 - there are no houses jammed into Cooper Park; rather, the surrounding streets provide a nice buffer. He suggested that, by eliminating the four lots adjacent to the park, that park area could become more valuable as well as the lots across the street from the park. He concluded by encouraging the applicant to eliminate the trails along the back yards and to make the park more compatible with surrounding homeowners. Commissioner Youngman noted that the applicant's submittal identifies 19 acres of parkland in the central corridor, a senior park area, and an additional 14.53 acres; however, she cannot determine where that acreage is located. Mr. Clint Litle responded the 14.53 acres is located within the large buffers adjacent to the arterial streets. Mr. John Dunlap recognized that when Ferguson Meadows Subdivision was developed, it was quickly determined the homeowners' association was undercapitalized for completing and maintaining the buffer along Ferguson Avenue. He indicated that steps will be taken to ensure that such a situation does not occur with this subdivision. Commissioner Youngman suggested that the development be redesigned to eliminate the buffers around the exterior of the development and incorporate that acreage into the central parkland. She recognized the desire to provide a buffer between the residences and adjacent streets; however, she noted that arterial streets are built within wide rights-of-way, and are often not fully developed for an extended period of time. Mr. Clint Litle noted that West Oak Street is to be constructed within a 125-foot-wide right-of-way, with an 18-foot center median strip under the power line. He then noted that North 27th Avenue will also be divided because of the power line; Davis Lane will have a ditch in the center of the roadway; and Baxter Lane can be constructed as a more compact road section. Commissioner Youngman stated she cannot support allowing encroachments into the stream bank setbacks, even for a non-functional stream. Also, the 50-foot wetlands setback must be observed; therefore, this development needs to be reconfigured to avoid any wetlands identified by the Army Corps of Engineers. She suggested that, with more open space in the center of the project, soccer fields can be provided without negatively impacting the wetlands or stream. She concluded by noting the current proposal has some real functional problems. Commissioner Youngman then turned her attention to affordable housing. She noted that under the tax credit program, the costs of the property can be incorporated into the application. Further, the City has approved $100,000 in local financing to help make the units more affordable for the very low-income; and the recently-implemented first time homebuyer's program can further assist those wishing to purchase affordable homes within this development. The Commissioner noted that staff has already provided a major concession by not counting the senior assisted living facility toward the parkland requirements, thus making the economics work better for those using this facility. She stressed that, since affordable housing is providing the performance points for the planned unit development, it is important to not double count it; rather, the developer must be able to show that other aspects of the project are superior to the standards and the minimums in the code. The plan as proposed, however, does not go beyond the standards. Commissioner Youngman addressed the density cap option, suggesting that might be one option for addressing the concerns about providing parkland. She noted that under the current plan, seven more acres of parkland are required; and the staff report suggests that 638 units could be constructed with the 19.13 acres of parkland currently proposed. She indicated a willingness to consider a density cap in exchange for less parkland than is required under the code. Mr. John Dunlap responded that a density cap would result in reconfiguration of the entire project and would result in an inability to achieve his objectives. Mr. Lowell Springer, architect, stated he sees some merit in this project and some amenities that are worth retaining. He expressed concern that a developer starts out not knowing the density, but knows he wants to do a nice development; however, the unified development ordinance requires that infrastructure impacts be identified and mitigated, and that necessitates basing the information on an anticipated density. 05-17-04 -4- Commissioner Krauss stated density is not a big issue for him, and he doesn't care if it looks like any other subdivision. He suggested many of his concerns can be addressed by providing a bigger park and wider trails. He then noted that, for two or three weeks in a row, the applicant has heard that parkland is a sticking issue, and suggested that he address it. Responding to questions from Mr. Springer, Commissioner Krauss stated an easUwest trail is important to him. He then noted that on the current plan, the parkland, the wetland relaxation and the relaxation to the streambank setback are "particularly egregious." Mr. Dunlap asked when the 11-percent parkland dedication is applicable and when the .03-acre per unit dedication is used. Commissioner Kirchhoff characterized this as Ita badly designed neighborhood;" and this is his problem with it. He noted it is inferior to the other subdivisions and neighborhoods that the Commission has applauded. He further noted that the planned unit development process is designed to provide a well integrated neighborhood with usable parkland that doesn't just meet the minimum code requirements. He concluded by encouraging the applicant to look at Alder Creek Subdivision, Valley West Subdivision and Cattail Creek Subdivision, noting each of those subdivisions reflects good urban design. Mr. Dunlap stated he has tried to work around a number of design constraints, including wetlands, connectivity, and the Commission's desire for no cul-de-sacs. He then noted that he has proposed to provide a community center, at a cost of $350,000, restrooms, soccer fields and parking lots. Also, he has proposed to not only dedicate the parkland but improve it so it was ready for the residents. He is disappointed that the Commission does not share his view of this project. Commissioner Krauss stated there is a huge bias among developers away from active recreation and to generalized open space, so he appreciates the amenities just described. Mr. Dunlap then noted he intends to do trail connections through the development; however, until he knows the specific locations of buildings, he cannot identify the locations of the trails. He suggested that, if the Commission wishes, he would agree to having the widths of trails identified, the types of trails and the connectivity desired; and he would work within those parameters when developing the trail system. He stressed that this is one of the first major subdivisions to be reviewed under the Unified Development Ordinance, and it has revealed some problems in that document that need to be addressed, one of those being the calculations for parkland dedication. Responding to Mr. Dunlap's comments, Planning Director Epple stated the parkland dedication requirements are not new in the Unified Development Ordinance; rather, they were in the previous subdivision regulations as a result of changes in the State statutes. He then noted that. under the densities allowed in the "R-3" and "R-4" zoning districts, parking and setback requirements will limit the number of units faster than the parkland dedication will. Commissioner Krauss noted that all of the Commissioners have voiced concern with the public open space being provided, as well as the proposed parks. Mr. Lowell Springer noted it is obvious there is not much room for adjustment in the parkland dedication. He noted that the Development Review Committee and Design Review Board indicated they don't have significant problems with the general design and, in fact, forwarded some positive comments. He stated that, as a newcomer to the project, he thinks the plan is good conceptually, particularly when considering the geographic issues and the Commission's requirement for interconnectivity. He cautioned that if a grid street system is required, the feeling of a special place will go away. He concluded by stating he feels this project is worth salvaging and has enough merit to proceed. Mayor Cetraro stated it appears there is enough consensus to proceed with this project, with innovation to achieve a superior design. He then indicated he feels the 50-foot watercourse setback is excessive. He identified the community center and soccer fields as assets to the project, noted an easUwest trail corridor has been identified as a needed amenity, and noted that moving the parkland in the perimeter buffer into the center and making the park more predominant has been identified as an essential component of the revisions. He then noted the applicant has raised questions about the parkland dedication calculations, and Commissioner Hietala has requested information on the net buildable area. 05-17-04 ------------..-...--------.-----.-.- -.----.-..-.--....."... -.-..-........-". -5- Mr. Clint Litle stated there are 161 acres in this property, with the net buildable area being 93 acres. He cautioned that the .03-acre-per-unit parkland dedication requirement would result in 31 acres, or 1/3 of the net buildable area being designated parkland. As a result, he believes it is essential to reduce the density in the project; and that translates to providing more single-family housing and less mix of housing types. Mr. Litle stated that the second page of an information sheet just distributed by Mr. Dunlap reflects the information they garnered when they contacted the other major communities in Montana regarding parkland dedication requirements. He noted that Bozeman is the only community using the .03-acre-per- unit calculation; and many of the other communities allow watercourse setbacks to be counted and provide recognition for affordable units. He stressed that, in actuality, 21 acres of open space is being provided but only 14.5 acres of parkland can be counted because of the watercourse setbacks. He then noted that, in addition to the existing geographic conditions and the Commission's desire for connectivity, the applicant must design around an exiting 20-inch main. Responding to Commissioner Krauss, Mr. Litle stated one of the requested relaxations is to allow the construction of apartments within the planned unit development since they are not allowed in the underlying zoning. He suggested this approach is preferable to seeking a zone map amendment for one portion of the site. Mr. Lowell Springer noted that no relaxation was sought for density because the applicant didn't realize that would be necessary; and he recognizes it may need to be considered in a separate public hearing at a future date. Planning Director Epple noted the planned unit development chapter encourages a creative design and recognizes that a give and take process will be involved. The beginning of that chapter, however, says the underlying zoning requirements provide the basis for evaluating an application. He feels staff provided a clear interpretation of the open space requirement to the applicant and advised him that the Commission would consider any request for reduction based on its merits. Mr. Russ Squires stated that if the Commission requires 26 acres of parkland, he cannot do his affordable housing project in this development because it will become less competitive with other projects. He expressed concern that affordable housing may become the sacrificial lamb in this review process because the differential will be $5,000 per dwelling unit. Commissioner Youngman responded that if affordable housing is the sacrificial lamb, the applicant will lose the performance points on which the planned unit development is based. Mr. Dunlap stated they had initially planned to comply with the planned unit development requirements through providing open space but found they were able to do it through the tax credit project instead. He then indicated that if the affordable housing project is not included, it changes the entire development. Commissioner Youngman asked for information on the acreage needed to provide the desired east/west trail corridor, noting it may be possible for the Commissioners to use that information in identifying an acceptable compromise. Parks Manager Ron Dingman stated that, as the City continues to grow and fill in, he and the Recreation and Parks Advisory Board are interested in getting as much dedicated parkland as possible under the State statutes. He noted that this helps to preserve open space and provide areas for public use. He noted that a few years ago, the Commission didn't require the dedication of parkland and, as a result, the City lost several acres of parkland that could have been used to meet the crying need for areas to hold dog agility training and competitions, soccer fields for practice and play, football practice fields, and other recreational needs. He stated those involved in soccer would like to attract more tournaments to Bozeman, but there are not adequate soccer fields to do so. He concluded by noting that Lindley Park and Kirk Park are the two largest parks in Bozeman and contain just over 12 acres each; the amount of parkland that is needed to meet the dedication requirements for this development is 26 acres, which could meet some of the community needs. 05-17-04 -....-.....-- -..-..-...--.--- -6- Ms. Anne Banks, Recreation andParks Advisory Board, concurred with Park Manager Dingman's plea for requiring as much parkland dedication as possible, stating she's afraid that parkland will become the sacrificial Iamb. She stressed the importance of getting a usable amount of parkland, and not soccer fields located on fill in the streambank setback that are not regulation size. She noted the Board's responsibility is to advocate for as much parkland as possible, to provide open space and recreational opportunities for the community. Ms. Mary Vant Hull, Recreation and Parks Advisory Board, noted that in the 1970s, the Commission refused offered parkland because it determined the City had no means to develop or maintain it; and the community is now paying dearly for those decisions. She stressed it is important for the Commission to recognize the importance of getting as much parkland in every part of town as possible. Mr. Dunlap thanked the Commission for the opportunity to discuss these issues in a work session setting. He stated it is his intent to create a community of diverse housing types, with parks and open space and will attempt to bring back a proposal that addresses the issues that have been identified. Mayor Cetraro thanked the applicant for the opportunity to conduct this work session and provide Commissioner feedback on the application prior to next week's continued public hearings. Recess - 4:40 p.m. Mayor Cetraro recessed the meeting at 4:40 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the regular Commission meeting. Reconvene - 7:00 p.m. Mayor Cetraro reconvened the meeting at 7:00 p.m. Call to Order. Pledge of Allegiance and Moment of Silence The meeting was opened with the Pledge of Allegiance and a moment of silence. Minutes - April 19. April 26. Mav 3. May 7 and Mav 10. 2004 It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the minutes of the meeting of May 7,2004, 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 meetings of April 19, April 26, May 3 and May 10, 2004, to a later date. Consent Items Acting City Manager Brey presented to the Commission the following Consent Items. Approval of final plat for minor subdivision reauested bv Deborah Bear McKay - subdivide parcel described as amended plat of a portion of Block 3. Babcock and Davis Addition. into two lots (southeast corner of intersection of East Davis Street and North Wallace Avenue) Approval of final plat for minor subdivision reauested bv R&D Holding - subdivide 19.6 acres described as Tract 1. COS No. 1846. into 5 commercial lots - 360 Ranch Corporation and R&D Holdinc;J (northeast corner of Huffine Lane and Cottonwood Road) 05-17-04 ------ - 7 - Award bid for SID No. 674 (water. sewer and street improvements in Bridaer Center Subdivision) - Walker Excavation. Inc.. Belgrade. Montana - in the bid amount of $371.024.00 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 (1 ) Mayor Cetraro welcomed the 143rd back home from overseas. (2) Mayor Cetraro announced that Boy Scout Troop 679 maybe joining the Commission while the meeting is in progress. (3) Ms. Diane Aita, 1226 Hunters Way, voiced concern about the proposed extension of Hunters Way through the West Winds Subdivision directly to the north of Harvest Creek Subdivision. She noted that the proposal is to split West Oak Street into two lanes going each direction with an island between and asked if the road will be only half developed until West Winds is developed or if the City will construct the other half of the road. Director of Public Service Debbie Arkell confirmed that West Oak Street will be a split facility because of the high voltage power line that runs down the middle of the road alignment. She indicated that, until the property to the north develops, the southern portion of the roadway will be a two-way facility, since the City does not have the funds to construct the other two lanes. Presentation re 9-1-1 budaet for Fiscal Year 2005 - Director Ben Hess 9-1-1 Director Ben Hess distributed a packet of information on the Joint Communications and Dispatch Center, noting it provides highlights on the personnel and the work they do. He noted that computer aided dispatching (CAD) was implemented just prior to his arrival; and that system allows responders to find houses and fire hydrants. He stated that GIS Manager Jon Henderson has put numbers on each grid on a City map, so a map page can be sent with each dispatch of emergency services; and that service has proven valuable, particularly in newer subdivisions. In addition to the dispatch operations, his department is also responsible for support services, which includes providing a repository for law enforcement records and jail records, and the handling of warrants and orders. 9-1-1 Director Hess noted that, between March 2003 and March 2004, the dispatch center handled 15,066 9-1-1 calls, 51 percent of which were wireless calls. He stated that tracking the locations of cell phone calls requires upgrading of the system. Without that upgrade, dispatchers are unable to identify the location of the caller through technology, but must rely on the caller for an accurate description of the location. The Director noted that with the CAD system, his office has a tremendous ability to pull out statistics that are important to law enforcement, citing some examples of that information. He noted that intersections with the highest number of accidents can be readily identified, the housing locations of registered sex offenders can be identified, and various reports on types and locations of crimes can be provided. Director Hess turned his attention to accomplishments during Fiscal Year 2004, which includes the training for a staff member to become a certified CPR training instructor and training for staff to be emergency medical dispatch certified. For the upcoming fiscal year, he identified secure, long-term funding as one of the key items. He noted the center is currently operating on user fees that have not changed in seven years and reflect an imbalance between the amount paid and the impacts on the center. Another objective is to gain a greater understanding between dispatchers and fire departments. 05-17-04 -- - 8 - 9-1-1 Director Ben Hess turned his attention to the budget, noting that some of their funding comes from the State surcharge of 50 cents per phone line per month, which will generate an estimated $260,000 for the upcoming fiscal year. In addition, user fees generate $36,500; and the remaining $1,362,383 to balance the budget request for the upcoming year is split, with Gallatin County paying 55 percent and the City of Bozeman paying 45 percent. The Director noted that this budget funds 21 FTE in joint dispatch and 6/'2 FTE in support services/ records, with the total payroll at just over $1.1 million. He then indicated that the City's contribution increased 12 percent from Fiscal Year 2003 to 2004; under this budget as submitted, the City's contribution will increase 25 percent from Fiscal 2004 to 2005. He recognized the difficulties of funding this additional amount, but stressed that he has trimmed the budget as much as he could. He identified possible cuts that could be made and the consequences of doing so. He conduded by noting that Bozeman is the model community for the state. Responding to Commissioner Kirchhoff, Director Hess stated that he has found no written formula for determining the user fees when the program was implemented seven years ago. He then noted that the user fees are paid by seventeen rural fire districts, with the minimum charge being $153 per year. Further responding to Commissioner Kirchhoff, the Director confirmed that cell phones are not charged the 50 cents per line per month. He then expressed his interest in applying the state surcharge to cell phones, and indicated he is also interested in seeing the surcharge doubled. Responding to Commissioner Krauss, Acting City Manager stated the City contributed just over $400,000 in Fiscal Year 2003; under this budget proposal, the City's contribution is $613,000. In response to questions from Commissioner Krauss, Director Hess identified cellular service as one of the key issues driving the increased costs. He noted thatwhen he arrived, the CAD system had not yet been accepted. This fall, the first upgrade to that system will be installed, and annual maintenance costs have also been added since the system was accepted and the one year of free maintenance has passed. He indicated that Gallatin County is part of a consortium involved in a state-funded mobile data network, and a state-of-the-art repeater site at High Flat is part of that project. To take full advantage of this project, the Center must pay a little over $20,000 that was unanticipated when the budget was prepared. Acting City Manager Brey noted that expenditures exceeded revenues by $94,000 in the Fiscal Year 2004 budget, which allowed the program to operate as needed this year but makes budgeting for next year more difficult. Responding to Commissioner Kirchhoff, Director Hess stated the Administrative Board recognizes that placing a public safety mill levy on the ballot may provide the equitable answer to funding of the program in the future. He then noted that, with no increases in user fees and the City and County contributions not keeping pace with expenditures, it is important to identify a funding option that alleviates those chronic problems. He stressed that many of the increases are due to accepting more responsibilities within the department. He also noted that embracing technologies comes with a significant price. Commissioner Krauss noted the City cannot soak up a 25-percent increase; Director Hess responded by noting he has no way to reduce the budget except in personnel. Commissioner Hietala responded by asking what level of service is sufficient. Commissioner Krauss noted that people moving in from urban areas expect a higher level of service than a rural area provides; and Bozeman is still "a pretty small town". Commissioner Youngman noted that if the State surcharge were doubled, it would more than compensate for the increased City/County contribution. She suggested that this should be a priority for legislative lobbying. Responding to Commissioner Youngman. Director Hess indicated thatan increase in user fees may also be considered. He noted that Belgrade has become a major user, and a review of the call volume suggests the City of Belgrade's contribution should increase tenfold. Commissioner Krauss suggested that getting law enforcement to lobby for an increase in the surcharge could be beneficial, since they have a strong lobbying presence. 05-17-04 --- -9- Acting City Manager Brey cautioned that looking at call volumes can get tricky, particularly since calls to locations within city limits may be triggered by county residents. Commissioner Youngman noted that City residents are still double paying for the 9-1-1 services, since they pay both city and county taxes; and she is interested in taking steps to address those tax consequences. The Commissioners thanked 9-1-1 Director Ben Hess for his presentation. Potential remodel of Professional Building Included in the Commissioners' packets was a memo from Superintendent of Facilities and Lands James Goehrung, dated April 29, 2004, forwarding revised figures for remodeling of the second floor of the Professional Building. Superintendent of Facilities and Lands James Goehrung noted that, in addition to his memo, the Commissioners have received a memo from Director of Information Technology Aaron Hagen, dated May 17, expressing concern about the lack of an emergency back-up generator at the Alfred M. Stiff Professional Building and the impacts that may have on the City's voice, data and video network. He highlighted the reductions in the remodel project, which is now estimated at $196,000, including an 8-percent contingency, down significantly from the previous $446,000 estimate. Approximately one-half of the cost of the project is to be covered by the general fund with the remainder being covered by the building inspection fund. He indicated that, if the Commission authorizes the project, it will go to bid in three to four weeks, with work to begin close to the beginning of the fiscal year. Acting City Manager Brey recommended that this project be folded into next year's budget, allowing it to be woven in with other competing issues. In response to Commissioner Hietala, Superintendent Goehrung identified some of the differences between the initial project and the current project, noting that the initial project included a complete replacement of the duct work for the second floor and upgrade of the mechanical system, which includes 1972 materials in a project that was "done on the cheap". Items included in the current project include walls, phone, data, electrical upgrades, and carpet. It is anticipated the existing furniture within the City will be used rather than purchasing new furniture. Acting City Manager Brey noted that the Commission has been supportive of providing more services under one roof. He recognized that the primary efficiency from this proposed project is to the building community, since the engineering, planning and building inspections programs will be close together. He then stated that the legal department is currently located in an area where maintaining confidential information is difficult at best; and the proposed relocation would address that issue. He indicated that the space vacated by the Building Inspection Division can be converted to a satellite for the Police Department for the downtown, alleviating some of the overcrowding they are currently experiencing at the Law and Justice Center. Commissioner Kirchhoff indicated he is supportive of the project, and feels that the ability to quantify efficiencies and/or provide better law enforcement response will help ensure its funding. Commissioner Krauss stated he will support the project, subject to budget constraints. Acting City Manager Brey assured the Commission that administration is cognizant of the issues raised in Director of Information Technology Hagen's memo. He noted it was included in the initial budget but was subsequently eliminated in attempts to balance the budget. He then indicated that staff will investigate the possibility of obtaining grant monies, possibly through Homeland Security funding, to purchase a generator since it can be directly linked to providing for emergency communications. Responding to Commissioner Kirchhoff, Superintendent Goehrung indicated that the schematic drawing for the remodel reflects a more open floor plan for the Building Inspection Division and a slight reconfiguration of the meeting area. 05-17-04 - 10- It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the Commission authorize staff to proceed with remodel plans for the second floor of the Professional Building, including emergency generation facilities, and possibly bring the project back for inclusion in the Fiscal Year 2004- 2005 budget. 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 - Zone Map Amendment ~ amend zonina desianation on 6.978-acre tract of land described as Tract A. Bozeman Creek Annexation. from "R~S" to "BP" ~ Springer Group Architects for Hubert Reid (Ice Pond Tech Park) (Z-04031 ) This was the time and place set for the public hearing on the Zone Map Amendment requested by Springer Group Architects for Hubert Reid under Application No. 2-04031, to amend the zoning designation on a 6.978-acre tract of land described as Tract A, Bozeman Creek Annexation, from "R-S", Residential-8uburban, to "BP", Business Park. The subject property is located along the north side of Ice Pond Road. Included in the Commissioners' packets was a memo from Associate Planner Jody Sanford, dated May 12, requesting that the hearing be opened and continued to June 7 to give the Zoning Commission an opportunity to conduct its public hearing on this application. Mayor Cetraro opened the public hearing. It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the public hearing be continued to June 7, to give the Zoning Commission an opportunity to forward its recommendation. 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 ~ Certificate of Appropriateness to allow demolition of existing 176-sauare-foot detached rear aaraae/shedandconstruction of new312~sauare-foot detached aaraae. fence and pergola on Lots 1 and 2. Block 49. Park Addition. with deviations from Section 18.16.050. Unified Development Ordinance. to allow garage to encroach 5 feet into reauired rear yard setback and 10 feet into reauired corner side yard setback ~ David and Judv Cook. 701 South 7th Avenue (Z-04079) This was the time and place set for the public hearing on the Certificate of Appropriateness, as requested by David and Judy Cook under Application No. Z-04079, to allow the demolition of an existing 176-square-foot detached rear garage/shed and construction of a new 312-square-foot detached garage, fence and pergola on Lots 1 and 2, Block 49, Park Addition, with deviations from Section 18.16.050 of the Unified Development Qrdinance to allow the garage to encroach 5 feet into the required 20-foot rear yard setback and 10 feet into the required 15-foot corner side yard setback. The subject property is located at 701 South 7th Avenue. Mayor Cetraro opened the public hearing. Historic Preservation Planner Allyson Bristor presented the staff report. She noted that staff has reviewed this application, which includes the construction of a 6-foot concrete fence and a detached garage, against the applicable criteria, and staff's comprehensive findings are contained in the written staff report. She noted that two deviations are being requested to allow the garage to encroach into both the rear and corner side yard setbacks, which staff has found is in keeping with this historic area. She concluded by forwarding staff's recommendation for approval, subject to five conditions. Mr. Cook, applicant, indicated a willingness to respond to questions. No public comment was received in support of or in opposition to this application. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. 05-17 -04 .-.....----- -...-..-....--..-.... _..".._.__.__u .......----.....-." ._-". - 11 - It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the Certificate of Appropriateness, as requested by David and Judy Cook under Application No. Z-04079, to allow the demolition of an existing 176-square-foot detached rear garage/shed and construction of a new 312-square- foot detached garage, fence and pergola on Lots 1 and 2, Block 49, Park Addition, with deviations from Section 18.16.050 of the Unified Development Ordinance to allow the garage to encroach 5 feet into the required 20-foot rear yard setback and 10 feet into the required 15-foot corner side yard setback, be approved subject to the following conditions: 1. The new concrete fence along the north property line shall not exceed six feet in height at any of its sections. 2. All windows for new construction shall use non-reflective, exterior cladding material. 3. The applicant shall obtain a building permit and pay all required fees prior to construction, and within one year of Certificate of Appropriateness approval or this approval shall become null and void. 4. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness with deviations application. Any modifications to the submitted and approved drawings shall invalidate the project's approval unless the applicant submits the proposed modifications for review and approval by the Department of Planning prior to undertaking said modifications, as required by Section 18.64.110 of the Bozeman Unified Development Ordinance. 5. All code provisions shall be met, the following provisions in particular: . Per Section 18.42.130.F, "Fences, Walls and Hedges," all new fences must conform to code requirements, namely that they shall have the "finished" elevation exposed to the adjacent properties. . Per Section 18.42.150, "Lighting," all new lighting must conform to code requirements and all existing non-conforming lighting must be retrofitted or replaced. . Per Section 18.46.020.F, "Surfacing," all areas intended to be utilized for permanent parking spaces and driveways shall be paved with concrete or asphaltic concrete, or approved pavers, to control dust and drainage. Those voting Aye being Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala and Mayor Cetraro; those voting No, none. Public hearing. Conditional Use Permit to allow construction of a 6.783-sauare.foot restaurant with sale and consumption of beer and wine on Parcels "A" and "B". beina Lot 1. Block 1. and a portion of Lot 2. Block 1. Westlake's Second Subdivision. with a Certificate of Appropriateness and deviations from Section 18.38.060. Unified Development Ordinance. to allow the vestibule to encroach approximately 5 feet into the reauired 25.foot setback alona West Oak Street (Famous Dave's) (Z-04053) This was the time and place set for the public hearing on the Conditional Use Permit requested by Rocky Mountain Ribs, Inc., for William O. Ryan under Application No. Z-04053, to allow construction of a 6, 783-square-foot restaurant which includes the sale and consumption of beer and wine on Parcels "A" and "B", being Lot 1, Block 1, and a portion of Lot 2, Block 1, Westlake's Second Subdivision, with a Certificate of Appropriateness and deviations from Section 18.38.060 of the Unified Development Ordinance, to allow the vestibule to encroach approximately 5 feet into the required 25-foot setback along West Oak Street. The proposed Famous Dave's restaurant is located at 1230 North 7th Avenue. Mayor Cetraro opened the public hearing. 05-17-04 ...-- .-.. ...---..-.-.....---.--- .........---..-.. - 12 - Assistant Planner Susan Kozub presented the staff report. She noted that the building is to be constructed with its principle facade facing West Oak Street and the parking lot to be located adjacent to the parking lot for Kmart. She stated that a deviation is being sought to allow the vestibule to encroach approximately 5 feet into the setback from West Oak Street. She indicated that, since beer and wine are to be served in this restaurant, a Conditional Use Permit is required. The Assistant Planner stated that staff has reviewed this application in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. Based on those findings, staff has recommended approval, sUbject to several conditions. Mr. Tim Ballou, applicant, indicated that this restaurant is to be similar to the one recently built in Billings. He then voiced concurrence with the staff report and requested Commission approval. Responding to Commissioner Kirchhoff, Mr. Ballou stated no outdoor seating is proposed because of the restricted parking available. No public comment was received in support of or in opposition to this application. Since there were no Commissioner objections, Mayor Cetraro closed the pUblic hearing. It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the Conditional Use Permit requested by Rocky Mountain Ribs, Inc., for William O. Ryan under Application No. 2-04053, to allow construction of a 6, 783-square-foot restaurant which includes the sale and consumption of beer and wine on Parcels "A" and "B", being Lot 1, Block 1, and a portion of Lot 2, Block 1, Westlake's Second Subdivision, with a Certificate of Appropriateness and deviations from Section 18.38.060 of the Unified Development Ordinance, to allow the vestibule to encroach approximately 5 feet into the required 25-foot setback along West Oak Street, be approved subject to the following conditions: 1. The final site plan shall depict the eight northernmost parking spaces (labeled as spaces 18) as "Compact." The final site plan shall also include a detail of the required signs which are to be permanently affixed immediately in front of each space and contain the notation, "Compacts Only." 2. The final landscape plan shall depict vegetative screening in front of the two most northwestern parking spaces (labeled as spaces 7 and 8). 3. The applicant shall obtain a City of Bozeman Beer and Wine License and provide the Planning Department with a copy of the license prior to final approval. 4. The applicant shall obtain a State Revenue Department On-Premise Beer and Wine License and provide the Planning Department with a copy of the license prior final approval. 5. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure. 6. That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use. 7. The final site plan shall be adequately dimensioned. 8. Plans and specifications for any fire service line must be prepared in accordance with the City's Fire Service Line Policy by a professional engineer (PE), and be provided to and approved by the City Engineer prior to initiation of construction of the fire service or fire protection system. The applicant shall also provide 05-17-04 --.--......--------.-- ._..._.__.___m_.._ ---.--------------.-.-. ...- .---..-.-.-.-...- - 13 - professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. 9. Sewer and water services shall be shown on the final site plan and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. 10. The location of existing water and sewer mains shall be properly depicted, as well as nearby fire hydrants. Proposed main extensions shall be labeled "proposed." 11. City standard sidewalk shall be installed along the North 7th Avenue frontage. A pedestrian access easement shall be granted for this sidewalk. Any cracked or broken portions of sidewalk along the West Oak Street frontage shall be replaced. 12. Typical curb details (i.e., raised and/or drop curbs) and typical asphalt paving section detail shall be provided to and approved by the City Engineer. Concrete curbing shall be provided around the entire new parking lot perimeter and adequately identified on the final site plan. 13. All existing utility and other easements must be shown on the final site plan. 14. Adequate snow storage area must be designated outside the sight triangles, but on the subject property (unless a snow storage easement is obtained for a location off the property and filed with the County Clerk and Recorder's office). 15. If construction activities related to the project result in the disturbance of more that one (1) acre of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality, Water Quality Bureau (WQB), shall be contacted by the applicant to determine if a Storm Water Discharge Permit is necessary. If required by the WQB, an erosion/sediment control plan shall be prepared for disturbed areas of one (1 ) acre or less if the point of discharge is less than 100 feet from state waters. 16. A copy of the reciprocal access and parking agreement for the property shall be provided prior to final site plan approval. 17. The water services shall be revised to connect on the portion of the main that is on the south side of West Oak Street to reduce the amount of the street that must be cut. The final location shall be reviewed and approved by the Water and Engineering departments. 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 hearina - reauested modification of Condition No. 18 for the preliminary plat for Harvest Creek Subdivision. Phases V-Xl. which reauires improvements to Durston Road prior to filing of the final plat for Phases VIII-XI (northwest of intersection of Durston Road and North 27th Avenue) - C&H Engineering for Homelands Development Company. LLC (P-03023A) This was the time and place set for the public hearing on the modification to Condition No. 18 for approval of the preliminary plat for Harvest Creek Subdivision, Phases V-XI, as requested by C&H Engineering for Homelands Development Company, LLC, under Application No. P-03023A, which requires improvements to Durston Road prior to filing of the final plat for Phases VIII-XI. The subject property is located at the northwest corner of the intersection of Durston Road and North 27th Avenue. Mayor Cetraro opened the public hearing. 05-17-04 -.-...--.-.----- -14 - Senior Planner Dave Skelton presented the staff report. He reminded the Commission that the property on which Harvest Creek Subdivision is located was annexed in 1997. Harvest Creek Subdivision was subsequently approved as an 11-phase subdivision, with Phases I through IV receiving final approval in 1998 and Phases V through XI receiving approval in 1999. The final plats for Phases V, VI and VII have been filed; the applicant is now seeking a one-year extension of the preliminary plat approval for Phases VIII through XI. The Senior Planner reminded the Commissioners that Condition No. 18 for approval of the preliminary plat for Phases V through XI requires that, prior to the issuance of building permits for Phases VIII through XI, improvements to Durston Road are required. This same condition has been attached to five other major subdivisions along Durston Road, in addition to four other proposals that have been subject to annexation and zone map amendment processes. Senior Planner Skelton stated that staff has reviewed the request for extension of the preliminary plat approval and modification of Condition No. 18 in light of the applicable criteria. He noted that, as a result of that review, staff has forwarded a recommendation for approval of both the requested extension and the requested modification of Condition No. 18, subject to the requirement that improvements at the intersection of West Oak Street and North 19th Avenue be installed or financially guaranteed. The Senior Planner stated that the City Planning Board reviewed this application; and at that meeting, received public testimony that focused primarily on Hunters Way, the north/south street that bisects the Harvest Creek Subdivision, and that will continue through the West Winds Planned Unit Development to Baxter Lane. He indicated that, following its review, the Planning Board concurred in staff's recommendation for approval of both the extension and modification of the condition. Responding to Commissioner Kirchhoff, Senior Planner Skelton stated that Durston Road currently operates at a Level of Service C. He then noted that, with the extension of West Oak Street to Hunters Way, much of the traffic from this subdivision has chosen to use West Oak Street rather than Durston Road, so the level of service on Durston has not dropped as originally anticipated. He then estimated that the additional subdivisions to the west will create an additional 400 to 500 lots for residential development. He indicated that, to address the concerns voiced by the residents along Hunters Way, they will be submitting a petition for four-way stop signs at intersections with various streets between West Oak Street and Durston Road. Senior Planner Dave Skelton stated that the applicant has made reasonable efforts to meet the requirements of Condition No. 18 by trying to initiate a special improvement district for the improvements to Durston Road. At this time, the acquisition of right-of-way from county properties is an issue; and the County Commission has indicated it may not be interested in initiating a joint SID/RID for those road improvements. The consulting engineer has recommended that the City may make another one-time offer to residents to purchase right-of-way at fair market value before proceeding to possible condemnation. Commissioner Youngman noted the whole point of the condition was to ensure that Durston Road does not become another West Babcock Street. She questioned why staff is recommending that the modification be approved, rather than requiring that the condition of Durston Road be addressed on a systemic basis. Director of Public Service Debbie Arkell noted that the condition was first attached to Annie Subdivision, and was carried forward to subsequent subdivision proposals, including Harvest Creek Subdivision. She stated that developer Walt Wolf offered to contribute to consulting engineering services for an SID for improvements to Durston Road; the City contributed as well and hired Morrison-Maierle to do the preliminary engineering work. Subsequently, the developer of Laurel Glen Subdivision contributed toward the project and went door to door with easements or offers for right-of-way and was able to obtain a few properties. A list of those county residents who refused to participate was also submitted, and a second appraisal was done on those parcels. The consulting engineer is now sending final offer letters, with the filing of condemnation notices to be the next step on those property owners who choose not to accept the final offer. She cautioned that the court may not even assign the condemnation actions for six months or a year, then that process begins. The Director turned her attention to the level of traffic on Hunters Way. She noted that the 2001 update to the Greater Bozeman Transportation Plan states that local streets typically carry 1000 to 3000 vehicles per day; a March 2004 traffic study revealed there are 2800 vehicle trips per day on Hunters Way between West Babcock Street and Oak Street with 1300 northbound and 1500 southbound. Also, more 05-17 -04 - 15 - than 50 percent of that volume is cut-through traffic; and the residents will soon be requesting traffic calming measures to alleviate the impacts of such traffic. Responding to Commissioner Youngman, Director of Public Service Arkell noted that there are already stop signs on the streets that cross Hunters Way and, if four-way stops are determined the preferred measure for traffic calming, the City will pick up the costs of installing stop signs on Hunters Way. Staff Attorney Tim Cooper responded to Commissioner Youngman's question about what has changed between the original approval and now. He noted that, in this instance, the primary change is the existence of West Oak Street, which did not exist when the Harvest Creek Subdivision was originally approved. The result was a projection that all traffic from this subdivision would use Durston Road, thus degrading the level of service. The recent traffic study has revealed that West Oak Street is carrying a significantly higher amount of traffic than Durston Road is from this development. He concluded by acknowledging that the impacts on adjacent streets are cumulative, and stressed that those impacts must be carefully considered as this type of request is considered. Ms. Susan Swim ley, attorney representing the applicant, stated it is impossible for her client to carry out Condition No. 18. She noted that in late 2002, Mr. Wolf contributed $1 0,000 to the initial design process; in mid 2003 he was joined by the developers of three large subdivisions to the west. The initial engineering revealed right-of-way limitations and that additional engineering would be needed to determine what would need to be acquired. In the meantime, the County Commission was approached about a joint SID/RID and indicated they were not interested. The developers continued to push forward with the process and retained an attorney to draft right-of-way agreements. Mr. Hinesley was successful in acquiring signatures on two of those agreements. In February 2004, her client offered to help fund an attorney to get the condemnation procedures moving; in March 2004, Morrison-Maierle and the City obtained a second appraisal, and final offers were mailed out, with final responses due back May 25. She stressed that her client has now done everything within his power to meet this condition. Ms. Swimley noted that, in the meantime, the level of service on Durston Road remains at level C because of the extension of West Oak Street. She concluded by suggesting that Condition NO.3 be revised to reference the first phase for final plat rather than a specific phase. She concluded by cautioning that her client has no control over any of the other developers or the condemnation process. Mr. Matt Cotterman, C&H Engineering, noted that Condition No. 18 was attached to the original approval because the traffic study said at full development, the level of service on Durston Road would drop from "C" to "D". When the applicant saw that the SID was not moving forward, he hired Marvin and Associates for an updated traffic study with the new phases, and that report revealed several changes that affect Durston Road. Those changes include the extension of West Oak Street, completion of that section of West Oak Street adjacent to Castlebar Apartments, and a shift in traffic patterns due to commercial growth along North 19th Avenue north of Durston Road. Based on the new study, it was determined the level of service on Durston Road will not drop below "C" at full development as long as New Holland Drive and West Oak Street are constructed. Mr. Cotterman turned his attention to the issue of cut-through traffic, noting that is always a problem on the edge of a developing area and, until roads on the perimeter are constructed, will continue to be an issue. He suggested that each subdivision be considered individually, and identified the continued westward extension of West Oak Street as a way to maintain the existing level of service on Durston Road. Responding to questions from Commissioner Kirchhoff, Mr. Cotterman stated that quantifying cut- through traffic is hard to do. He suggested that when New Holland Drive is constructed, he anticipates a fair amount of the traffic will move from Hunters Way to that new street. He anticipates that when North 27th Avenue is constructed as a collector, it should help to alleviate some of the existing cut-through traffic on the local streets. Responding to Commissioner Krauss, Ms. Susan Swimley stated the applicant is seeking an extension of his preliminary plat approval because he is at the end of the three-year period. She noted that Condition No. 18 was imposed because it was anticipated that, at full build-out of this subdivision, the level of service on Durston Road would be reduced to "0". The improvements to that roadway are now subject to governmental action; her client has done all he can to move the process forward and the condition is now impossible for him to meet. 05-17 -04 - - -16- Commissioner Krauss suggested that the applicant's request for modification of this condition could be approved based on the fact that an alternative route has been completed that relieves the impacts on Durston Road; and that could also be the basis needed for consideration of similar requests from developments further to the west. Mr. Brian Close, 406 East Olive Street, expressed concern about addressing this type of request on a project-by-project basis, cautioning that is the opposite of planning. He expressed appreciation for the developer's efforts to address the issue and voiced concern about the lack of cooperation from the County. He encouraged the Commission to grant the requested one-year extension and to initiate the condemnation process. Ms. Diane Aita, 1226 North Hunters Way, noted that street is the only north/south street that provides access to West Oak Street at this time, so construction of New Holland Drive is important. She indicated that, Mr. Wolf has indicated a willingness to install four-way stops along Hunters Way to alleviate the impacts of traffic on that street and asked that the Commission give favorable consideration to that option. Ms. Susan Swimley confirmed that Mr. Wolf is willing to pay for the stop signs, to mitigate the impacts of traffic. She reiterated that, beyond that, the applicant believes the condition is impossible to meet. Commissioner Kirchhoff expressed his concurrence with Mr. Close's observation that dealing with requests on a case-by-case basis is risky, and he agrees it is important to rescue the planning process and the roads. Planning Director Epple indicated that, from the staff's point of view, if a developer further west wishes to provide a fully-improved West Oak Street to serve his property, staff would be willing to forward a favorable recommendation. He stressed that West Oak Street is a key factor when considering future requests for modification of this condition for other projects; and he feels that favorable action on this request does not set a dangerous precedent for future considerations. Commissioner Youngman stressed that the level of service is a public safety issue; and if it drops below "C", further phases should not be allowed to occur until the situation is remedied. She applauded Mr. Wolf and Mr. Hinesley for their work, noting they have been very cooperative and supportive. She stressed, however, that if the level of service drops, the result is crisis mode and the City must be able to put the brakes on further development until the issue is addressed. Commissioner Krauss thanked the applicant for his willingness to install four-way stop signs if approved. He then noted that, in this instance, the engineers indicate the completion of West Oak Street will relieve traffic from Durston Road; and it is a failure of the City and the County that the means to improve Durston Road are not yet in place. He suggested that the condition is not impossible, but that meeting it requires due diligence by the City. He noted that, if the Commission wishes, it could impose the requirement that this issue be revisited after the second of the four remaining phases has been completed. Ms. Susan Swimley noted that Mr. Wolf still stands behind his continuing financial commitment to the Durston Road project. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the modification to Condition No. 18 for approval of the preliminary plat for Harvest Creek Subdivision, Phases V-XI, as requested by C&H Engineering for Homelands Development Company, LLC, under Application No. P-03023A, which requires improvements to Durston Road prior to filing of the final plat for Phases VIII-XI, be approved subject to the following conditions: 1. The update to the traffic impact study for Phases VIII through XI identifies several improvements to the signal at West Oak Street and North 19th Avenue that are necessary to improve the intersection to an acceptable level of service. 05-17-04 - 17 - All improvements necessary to improve the level of service of the intersection of West Oak Street and North 19th Avenue shall be installed or financially guaranteed prior to filing of the final plat for Phases VIII through XI. No building permits shall be issued for any lots within the remaining phases until the improvements are completed and accepted. 2. That the applicant be granted a one (1) year extension of preliminary plat approval for Harvest Creek Subdivision, Phases VIII through XI. 3. That New Holland Drive and West Oak Street are to be completed with the next phase to be filed, with the recommendation that Phase XI be the first phase to be filed at the Clerk and Recorder's Office. 4. That Durston Road is maintained at a Level of Service C or better to address safety issues. The applicant shall continue his financial commitment to the improvements to Durston Road. 5. That the Planning Board encourage the City Commission to find a solution to the current Hunters Way problem with through traffic. 6. That the applicant shall bear the costs of the installation of approved four-way stop signs on Hunters Way at each cross street between Durston Road and West Oak Street. 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 - 9:30 to 9:40 p.m. Mayor Cetraro declared a break from 9:30 p.m. to 9:40 p.m., in accordance with Commission policy. Discussion -policy direction to staff for Fiscal Year 2004-2005 budget Acting City Manager Ron Brey reminded the Commission that staff is seeking policy direction following the budget presentations. He provided a brief overview, noting that the General Fund is always the most challenging to balance. He noted that, as usual, the requests for funding far exceeded the revenues available, which were projected at 3 to 4 percent above the current fiscal year's revenues. He thanked the staff for its responsiveness to the initial request for major cuts in budget requests, but noted that additional reductions are needed. Then, there are those items not currently funded that should possibly be added, such as the Professional Building remodel, emergency generator and power acquisition. The Acting City Manager noted that the Water Fund is also a challenge this year, since it is depleted due to the cost overruns on the Lyman Creek project. Staff will be coming forward with a proposed increase in the water rates to support the inflationary increases and capital improvement program. He stressed the importance of maintaining the integrity of the capital improvement program by providing adequate funding, although he noted that is extremely difficult in the General Fund. He concluded by asking the Commission for general direction and general guiding principles for preparation of the budget recommendations. Commissioner Krauss stated he expects to see rate increases in the utilities, expects to capture the floating mill calculation and to cover the debt service change from last year; however, he does not anticipate much increase beyond that. Commissioner Hietala suggested this is the time to stretch the capital improvement program, moving projects further out on the schedule, and to consider bonding rather than asking current ratepayers to fund long-term projects that will benefit future growth. 05-17-04 -18- Responding to questions from the Commission, Director of Public Service Debbie Arkell stated that staff is trying to get as many problems with the Lyman Creek project resolved under warranty as possible. She noted that the flow meters do not work and, until that issue has been resolved, use of that water supply cannot be undertaken. She then indicated that starting to use that water with the existing leaks will not create any additional problems. Commissioner Kirchhoff indicated his priorities are public health, safety and welfare. He noted this raises the issues revolving around the proposed 9-1-1 budget. which includes a significant increase due largely to technology, and asked for Commissioner comments. Acting City Manager Brey noted that funding options for these services are available but require matches; and availability of those funds can lead to the presumption that these things are necessary. He then encouraged the Commissioners to look at the ability to log the location of a call and to capture the telephone number and then to look at whether that is essential. Responding to Mayor Cetraro, the Acting City Manager confirmed that Bozeman is a model community in the level of services provided in Montana. He then indicated he will forward minutes from the most recent 9-1-1 Administrative Board meetingsto the Commissioners so they can track the process to date. He noted that, with the proposed new technology, Bozeman would have the first enhanced 9-1-1 program in the state. He concluded by noting that Montana State University does not use the joint communications center and, therefore, does not pay any user fees; however, brings a bunch of the 9-1-1 usage into the community. Commissioner Youngman asked for input on the requests from the Center for International Visitors and GalaVan for funding. She noted that the Commission has not previously approved requests for funding of requests like the one received from the Center for International Visitors and is not sure now is the time to start. She suggested that one more newsletter could be done yet during this fiscal year, and could identify the organization's funding shortfall in that publication in hopes of an alternative funding source coming to light. Commissioner Krauss asked for the total of grants given to non-profit organizations, suggesting that all such requests should be lumped together and then prioritized. He observed that, if both the Spay/Neuter Clinic request and the GalaVan request had been considered at the same time,he would have identified GalaVan as the priority. In response to Commissioner comments, Acting City Manager Brey noted that when preparing the budget recommendations, he always goes back to the basics of public health, safety and welfare. He then noted that, in the police budget, one administrator position has been eliminated and replaced with two police patrol, without any budget adjustment. He then noted that it appears the new parks superintendent position cannot be funded in the upcoming budget. He encouraged the Commissioners to look closely at the mill levy for insurance, noting it is exempted from the mill levy cap and that some communities have seen a 50 to 70 percent increase in those levies in previous years. Commissioner Kirchhoff suggested that, if there are any monies available after addressing public health, safety and welfare issues, the next priority would be efficiencies. He suggested that renovation of the second floor of the Professional Building could fall into this category if an ironclad justification can be identified. Commissioner Krauss noted that Superintendent of Facilities and Lands Goehrung has done a good job of paring down the project while keeping the essentials in. He does not believe that the $200,000 adds to the value of the building; it simply allows the City to get departments that work together into one location and provides a better work environment for another department. He recognized that, if the relocation does not occur, the second floor of the building can once again be leased. Commissioner Hietala noted that a significant amount has been budgeted for consulting contracts and studies, and suggested that is one area that should be carefully scrutinized. Acting City Manager Brey responded it has been staff's longstanding preference to bring projects in-house rather than paying a consultant. The problem, however, is that the additional staff position never 05-17-04 - 19- goes away after the project is complete; and suggested that in the future this type of approach be accompanied by a defined termination. The Acting City Manager then cautioned that the State has never been in worse shape financially than it is right now, and the City must take care to not implement programs or increase personnel that could require cutting in the future due to a reduction in State funding to local governments. He noted the City faced a similar situation seven years ago, when a couple vacant positions were eliminated. At this time, the City does not have the luxury of any casual or superfluous positions. He indicated that freezes could possibly be applied to vacancies; however, if there are no vacancies, savings must be found somewhere in operations. He further cautioned that 5-percent pay increases for the upcoming fiscal year are included in every contract that has been settled, which has a significant impact on the budget. He then projected that the non-classified employees will received much smaller increases, probably not exceeding 3 percent. Commissioner Krauss stated he feels one-time monies should be used for one-time projects or items, not on-going expenditures. He then noted that when he reviewed the budget last year, he saw a position that had not been filled for two or three years; and he does not want to see any more placeholders in the budget. Commissioner Hietala observed that personnel costs seem to be getting out of rangeforthe General Fund to handle. Director of Public Service Debbie Arkell cautioned that delaying capital improvement program items only results in additional costs due to continually rising costs. Acting City Manager Brey encouraged the Commissioners to allow the capital improvement program to remain intact, noting it allows the various departments to be more effective. He noted one possible exception is to reduce the amount budgeted for park development projects from $150,000 to $100,000, which does not jeopardize that program but does lengthen it out somewhat. The Acting City Manager concluded by thanking the Commission for the guidance and indicated he will proceed with preparing the final budget recommendations. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1 ) Copy of an e-mail from Thomas Luhrsen to Jenny Haubenreiser forwarding his resignation from the Community Alcohol Coalition due to his being deployed overseas. (2) Letter from Terry Quatraro, Chair of the Bozeman Beautification Advisory Board, dated May 6, thanking the City for its assistance in making Clean-Up Day a success. (3) Copy of a press release announcing that Delta flight service to West Yellowstone will begin on June 3. (4) List of planning projects to be considered at upcoming Commission meetings, dated May 13. (5) Agenda for the Gallatin Local Water Quality District meeting which was held at 8:15 a.m. on Thursday, May 13, along with minutes from the meeting held on April 1. (6) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, May 18, at the County Courthouse. (7) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, May 18, at the Professional Building. (8) Agendas for the City Planning Board meeting to be held at 7:00 p.m. and the Zoning Commission meeting to be held at 7:30 p.m. on Tuesday, May 18, in the Commission Room. 05-17-04 - 20- (9) Acting City Manager Brey noted that he has received an e-mail seeking an explanation about the sewer surcharge. He then noted that this was the year a reduction in the surcharge was anticipated; and it now appears that a 20-percent reduction may be more appropriate than the larger reduction in the 40-percent surcharge that was initially anticipated. (10) Acting City Manager Brey noted he has heard from Commissioners Krauss and Youngman regarding the bylaws for The Garage at City Center; Commissioner Hietala indicated he will submit his comments to City Attorney Luwe. The Acting City Manager then indicated this item will be brought back to the Commission for review since not everyone has agreed to the original document. Executive Session re Dersonnel At 10:40 p.m., Mayor Cetraro announced that, pursuant to Section 2-3-203(3), M.C.A., the Montana Constitution and the Montana Supreme Court rulings, he, as presiding officer, has determined that the right to privacy clearly exceeds the merits of public disclosure. He noted that a level of confidentiality has been identified in the process of selecting a new City Manager, at least until the final round. He then called an executive session for the purpose of reviewing the applications and tabulation of results from the Commissioners' individual reviews. At 11:22 p.m., Mayor Cetraro closed the executive session and reconvened the open meeting. Adiournment . 11 :22 D.m. 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 bein om missioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, Commissioner Youngma n yor Cetraro; those voting No, none. AN ATTEST: (llicstu~ Clerk of the Commission 05-17-04