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HomeMy WebLinkAbout2004-05-10 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN,MONTANA May 10, 2004 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, May 10, 2004, at 7:00 pm. Present were Mayor Andrew Cetraro, Commissioner Jeff Krauss, Commissioner Marcia Youngman, Commissioner Steve Kirchhoff, Commissioner Lee Hietala, Acting City Manager Ron Brey, Director of Public Service Debbie Arkell, Planning Director Andy Epple, City Attorney Paul Luwe, and Deputy Clerk of the Commission Karen DeLathower. The meeting was opened with the Pledge of Allegiance and a moment of silence. Minutes - April 19. April 26. Mav 3 and Mav 7.2004 Mayor Cetraro deferred action on the minutes of the meeting of April 19, April 26, May 3, and May 7, 2004 to a later date. Consent Items Acting City Manager Brey presented to the Commission the following Consent Items. Proclamation - "Salvation Armv Week" - Mav 10-16. 2004 Commission Resolution No. 3686 - re-create SID No. 674 - water. sewer and street improvements in Bridaer Center Subdivision COMMISSION RESOLUTION NO. 3686 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 674; RE-CREATING THE DISTRICT FOR THE PURPOSE OF UNDERTAKING CERTAIN LOCAL IMPROVEMENTS AND FINANCING THE COSTS THEREOF AND INCIDENTAL THERETO THROUGH THE ISSUANCE OF SPECIAL IMPROVEMENT DISTRICT BONDS SECURED BY THE CITY'S SPECIAL IMPROVEMENT DISTRICT REVOLVING FUND AND ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE. Commission Resolution No. 3687 - intent to annex :t36.00 acres described as a portion of Tract 1. COS No. 2050: set public hearina for June 7. 2004 COMMISSION RESOLUTION NO. 3687 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABIT ANTS THEREOF AND THE INHABIT ANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Authorize Actina City Manaaer to sian - Settlement Aareement and Release of Claims - between the Ditch Users. Riverside Country Club. City of Bozeman. and Morrison-Maierle. Inc.. for reconstruction of the streambank for the East Gallatin River and directina water back into the oriainal river channel 05-1 0-04 ..--...-..--- ..------ - 2 - Authorize Actina City Manaaer to sian - Ditch Easement Aareement between Riverside Country Club. City of Bozeman and the Ditch Users for the Beck- Jones Ditch Authorize Acting City Manaaer to sian - AcceDtance of Public Pedestrian and Vehicle Access Easement across Tract 2A. COS No. 1855A - 30-foot-wide easement on Dortion of the former Lessley DroDerty - David and Cheryl MacDonald Authorize Actina City Manaaer to sign - AcceDtance of Public Pedestrian Access Easement - easement aenerally 25 feet wide across Tract 2A. COS No. 1855A (Dortion of the former Lessley DroDerty) - David and Chervl MacDonald AcceDtance of Declaration of Public Access Easement - to Drovide DerDetual non- exclusive Driyate road easement across Tract 2A. COS No. 1885A. to Drovide access from West Beall Street to Tract 1A. COS No. 1885A Authorize Actina City Manaaer to sign - AcceDtance of Water and Sewer PiDeline and Access Easement and Aareement - Georae Westlake and Kay Martinen - 30- foot-wide bY 1 OO-foot-Iona easement across DroDerty described as remainder of Westlake's Fourth Subdivision adiacent to Homestead Townhouses (Westlake Park) Authorize Actina Citv Manaaer to sian - AcceDtance of Sewer and Water PiDeline and Access Easement and Aareement - Duct TaDe. LLC - 20 to 30-foot-wide easement across Lot 32. Babcock Meadows Subdivision. Phase 28 (southwest side of Donna Avenue) Authorize Actina City Manaaer to sian - Amendment No.1 to Professional Services Aareement for Solid Waste Transfer Station - Allied Enaineerina Services. Inc. AcceDt Audit Committee recommendation to select Anderson ZurMuehlen and COmDany. Bozeman. Montana. as audit firm for Fiscal Year 2003-2004; authorize Acting City Manaaer to sian attendant documents Claims It was moved by Commissioner Krauss, seconded by Commissioner Youngman, 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 Krauss, Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, and Mayor Cetraro; those voting No, none. Public comment No comment was received under this agenda item. Discussion re MuniciDal Judae salarv for Fiscal Year 2005 Municipal Judge Carlson stated she had no additional comments to add to her previous correspondence to the Commission. Acting City Manager Brey pointed out Judge Carlson is requesting the salary increase be retroactive to January 1, 2004, rather than effective July 1, 2004. Commissioner Kirchhoff noted Judge Carlson received a large pay increase last year and is requesting another large increase this year. Despite past concerns, the court is now working well; and the judge's salary needs to be made comparable to other municipalities throughout the state. Commissioner Hietala voiced his agreement with Commissioner Kirchhoff's comments. 05-1 0-04 - 3 - Commissioner Youngman noted that last year the judge's salary was only brought up part way to parity because the Commission felt that was enough of a jump. It is right to increase her salary again because the court is working well and the issues of concern have been addressed, It is now time to move forward with a salary that reflects the office and the work, Commissioner Krauss stated he will vote against this request because the City hasn't budgeted for a retroactive pay increase, and that request should be considered in light of all other financial requests, It would be preferable to allow the City the opportunity to budget for such a large salary increase. Mayor Cetraro voiced his agreement with Commissioner Krauss's comments, noting this is, indeed, a hefty increase, It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, to direct staff to bring back an ordinance enacting a salary of $68,946 for the municipal judge retroactive to January 1 , 2004. It was then moved by Commissioner Hietala, seconded by Commissioner Youngman, that the original motion be amended to change the effective date of the salary increase to July 1, 2004, The amendment then carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Youngman, Commissioner Krauss, and Mayor Cetraro; those voting No being Commissioner Kirchhoff, The main motion, as amended, then carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, and Mayor Cetraro; those voting No being Commissioner Krauss. Public hearina ~ Commission Resolution No. 3674 - intent to create SID No. 676. imDrovements to Vallev Center Road from North 19th Avenue to iust west of North 27th Avenue This was the time and place set for the public hearing on the intent to create SID No. 676, as set by Commission Resolution No. 3674, entitled: COMMISSION RESOLUTION NO. 3674 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 676; DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE EXTENDED DISTRICT FOR THE PURPOSE OF UNDERTAKING CERTAIN LOCAL IMPROVEMENTS AND FINANCING THE COSTS THEREOF AND INCIDENTAL THERETO THROUGH THE ISSUANCE OF SPECIAL IMPROVEMENT DISTRICT BONDS SECURED BY THE CITY'S SPECIAL IMPROVEMENT DISTRICT REVOLVING FUND AND ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE. Mayor Cetraro opened the public hearing. Included in the Commissioners' packets were written protests to one or more of the following special improvement districts from: various property owners within the Gardner/Simmental Plaza Subdivision; Montana Container Corporation, 1925 Dead Man's Gulch; Costco Wholesale Corporation; The Flooring Place, 1891 Boothill Court; Anderson Precast, 5851 Baxter Lane; Richard D. and Bonny Milligan; Grace France; and JoAnn Cape and Grace France. Acting City Manager Brey noted the Valley Center Road SID, number 676, is the most controversial of these four SIDs. If this resolution is approved, the Commission can move forward with the rest of the resolutions. If not, staff recommends the Commission abandon the entire package of the four SIDs. City Engineer Hixson reviewed his memo, which provided an overview of the background, boundaries, costs, benefits, and recommendations for these improvement projects and the SIDs that will be utilized to fund these improvements. The Montana Department of Transportation has determined that improvements to North 19th Avenue and Valley Center Road are necessary to keep traffic flowing safely and before any further development is allowed. They have also determined the scope of improvements 05-1 0-04 - n___._._________ - 4 - needed to accommodate proposed and future development of the area to be one very large project, which was originally conceived as one large SID. The needed improvements include those to Valley Center Road, North 19th Avenue, one new signal at North 19th Avenue and Cattail Street, and one upgraded signal at North 19th Avenue and Valley Center Road. Improvements to Valley Center Road to the full standard require improvements to North 19th Avenue, and improvements to North 19th Avenue will require improvements to Valley Center Road. Engineer Hixson noted there have been some memos distributed addressing a number of alternative boundary configurations and/or expansion of some of the districts. Those suggestions have been investigated and considered, but staff believes the boundaries as proposed represent the most equitable way to assess the cost of these improvements. The assessment for the Valley Center Road improvements is significantly higher than that for North 19th Avenue because Valley Center Road is currently only two lanes and requires a far more extensive reconstruction. City Engineer Hixson commented that some of the property owners in the Valley Center Road district have stated that they won't realize benefits commensurate with the cost of the assessments. Staff believes that improving the primary access to the area and allowing for full commercial development in this corridor will indeed provide substantial and immediate benefits to all of the existing businesses and property owners in this district. Sufficient protests, 51 percent required, have not been received to bar the creation of this SID from proceeding. Rob Bukvich, Montana Department of Transportation (MOoT), stated the transportation department fully supports the creation of these SIDs. He pointed out the transportation department will be included in this SID because they own the land the rest area sits on. Mr. Bukvich said he wanted to make it perfectly clear that these improvements are specifically designed to facilitate turning movements to the developments, not to increase the capacity. With this SID, costs for improvements to Valley Center Road are the issue. When North 19th Avenue was developed, the transportation department was unprepared for the rapid increase in traffic volume on that corridor; although it was always planned to upgrade North 19th Avenue to an arterial. Private monies were used to fund many of the improvements made to North 19th Avenue. Valley Center Road was never planned to be an arterial; it was planned to be a rural road. The transportation department would have severely restricted the number of accesses if they had known the volume of traffic Valley Center Road would eventually be required to handle. Accesses spaced so closely on Valley Center Road requires the center median to be very wide to allow safe I eft t urns from the developments, and that requires this road to be widened. These improvements were never intended to serve traffic that isn't specific to these developments. Commissioner Hietala questioned the urgency to improve Valley Center Road since there isn't that much traffic utilizing it. Mr. Bukvich stated the road functions dandy as it is now, but there is no development on that road. Valley Center Road cannot accommodate the traffic that will be generated by the developments on it; and, therefore, permits cannot be issued until the road improvements are completed. Commissioner Hietala then asked if build-out will include developments to the west. Mr. Bukvich responded it will include any property that is included in this SID. Commissioner Hietala suggested that because the costs of this project are so great, perhaps the use of federal transportation monies should be considered. Mr. Bukvich stated the federal highway bill that expired last September still hasn't been renewed, and they don't expect it to be for quite some time. Additionally, there is no allocation in that bill for this road. These improvements could be eligible for funds under the jurisdiction of the City of Bozeman and would be extended out at least five years because those monies are allocated for the South 19th Avenue improvements project. Mayor Cetraro asked if those funds could be used to buy down these SIDs. Acting City Manager Brey answered the City has extended itself for five years into the future for the South 19th Avenue improvements project, which should occur in the next two years. The urgency of the Valley Center Road improvements is pushed by the needs of developers. It is a question of how and when, not if, development will occur and the roadway will fail. Commissioner Hietala said he has heard arguments regarding the safety of North 19th Avenue, but he hasn't heard the same arguments for Valley Center Drive. Mr. Bukvich stated that at build-out, there will need to be a mechanism to safely accommodate left-hand turns; without those turning movements, there is plenty of roadway there. Public comment was received for item numbers 7,8,9, and 10 primarily under this agenda item. 05-1 0-04 ---.-------..-.-....-...-.-------- ..-.-...-..----- u_ ._. ......_.___ - 5 - Susan Swimley, attorney representing Costco and Bonnyand Dick Milligan, stated these are similar clients with regard to concerns with the assessment methodology; and while she is only testifying once, the issues are not the same for every SID. She has filed protests on behalf of Costco for SID numbers 676 and 678. The proposal before the Commission for SID number 676 uses the same methodology and assessment for everyone regardless if they front the roadway or not. If the property owners front Valley Center Road, they will gain the benefits of these improvements. Neither Costco nor the Milligans' property front on or access onto Valley Center Road. Mr. Bukvich stated these improvements are more expensive because of the planned accesses onto Valley Center Road, and that is the basis of the protest she filed for Costco. The Milligans have filed their own protest based on the same premise. The Valley Center Road improvement expenses cannot be attributed to the properties on North 27th Avenue. People who have already paid their impact fees will be caught in the mix. Ms. Swimley stated the City needs to examine the methodology of assessment and should be using impact fees to buy these costs down. Dave Jarrett, 74 Fieldview Circle, representing the Gallatin Center, said he believes it is possible for the Commission to table the Valley Center Road SID to allow enough time to find solutions to mitigate the high cost per acre. He suggested there is additional land that could be added to this district because there are more projects up for review and more land will be annexed. Also, there is the school district land, which has lots of turning movements now. There are possible funding sources in the future, which need to be taken into consideration. Mr. Jarrett stated landowners could provide some of their future impact fees for this project. It is important to table this item at this time. This is not a package of four items, as suggested by Mr. Hixson and Mr. Bukvich, because one is to accommodate turning movements on Valley Center Road, which doesn't have anything to do with North 19th Avenue. Everyone acknowledges it is important to approve those SIDs for North 19th Avenue before there is a terrible tragedy there. Baxter Lane and Oak Street have always had problems, as well as North 19th Avenue. Mr. Jarrett stated the City is currently involved in a motel lawsuit, and there can be more lawsuits filed if this Valley Center Road SID goes forward. He reiterated there is no reason why these four SIDs cannot be separated out. Steve Anderson, Anderson Pre-Cast & Supply, stated his property is included in three of the SID districts. He referred to a letter from the Gardner/Simmental businesses, dated April 26, in which they delineate the reasons they believe SIDs are an inappropriate funding mechanism for the improvements to North 19th A venue. While the business 0 wners agree the improvements toN orth 19th A venue are necessary, they feel it is unfair to put the burden on them because most of the traffic on North 19th Avenue is generated by commuters from Belgrade and other communities west of Bozeman, as well as Montana State University students and personnel and tourists. Traffic pattern studies conducted in the morning, before the Gardner Simmental businesses are open, indicate North 19th Avenue is filled to capacity, as it is in the evening after those businesses are closed. Mr. Anderson said this type of SID is greatly impacting their business operation through increases taxes and SID payments. Currently their property tax payments equate to $17 per hour, and $8 per hour will be added if these SIDs are approved. This is the type of thing that is driving small businesses out of Bozeman; they can't compete with the big box stores or pay these high taxes. Mr. Anderson pointed out no SID has ever been used as a means of major infrastructure improvement on a state road and doing so now sets a poor precedent. Since North 19th Avenue is a state road, its maintenance and improvements are the responsibility of the State of Montana. Joel Shouse, representing the Accola Ranch on Valley Center Road, noted this property is not in the city and has never been annexed. Accola Ranch agreed to cooperate and be included in SID 676 based on earlier cost estimates generated by City engineering staff, which have increased significantly since. Accola Ranch was not noticed of this meeting on SID number 676, although they did receive notice of the meeting for SID number 677, so they did not have time to prepare a protest. Accola Ranch wishes to protest the actual assessment, not the creation of the SID itself. Mr. Shouse noted Valley Center Road is an arterial that serves more than just these properties, and he recommended the Commission hold off creating SID number 676 until these cost figures can be brought down. He suggested perhaps impact fees could be used to improve the equity of paying for these improvements. Don Cape, Jr., Cape/France Enterprises, noted it is has been stated that if SID number 676, for improvements to Valley Center Road, fails, all four SIDs will die. He strongly encouraged the Commission to separate SID number 676 and table it, and let the other three districts pass because they do truly represent life and safety issues on the north end of town. Mr. Cape suggested that if the four districts are so interlinked, the Commission combine all four into one district as originally conceived. Mr. Cape then offered that they would be willing to waive any interest in the impact fees lawsuit proceeds in lieu of using those funds to pay down the Valley Center Road SIDs. 05-1 0-04 ---..------- .........---. ..--- -.----..---- - - 6 - Bob Boie, Montana Container Corporation, stated it is unjust and unfair to expect the landowners to pay for the 15,000 or 20,000 cars that use this road as a major arterial. When the Gardner Simmental subdivision paved their roads many years ago, it was done through the SID/RID process, which was a proper use since those who paid received the major benefits. Greg Schatz, Costco Wholesale, stated it is not equitable that their tab will be $400,000 for the Valley Center Road left-hand turn lanes. Although they do support the improvements to North 19th Avenue, the Valley Center Road assessment is excessive for them. Mark Chandler, speaking on behalf of the Milligans, said they feel SID number 676 should be tabled until a fair assessment can be put together. They, too, believe general taxes should be used for these improvements since residents of the subdivisions off Valley Center Road and Belgrade residents heavily impact that road. They feel the Commission must come up with a better way to assess these costs. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Commissioner Krauss asked if the four SIOs could be segregated. City Engineer Hixson stated they could not; they either fall or stand together because the improvements at the intersection of North 19th Avenue and Valley Center Road will impact one another. While originally conceived as one SID, it was changed to four SIOs to more equitably assess the costs. The Montana Department of Transportation and City staff agreed it would be much better to get these improvements done at one time rather than come back every year. Engineer Hixson stated it is staff's recommendation that the Commission not separate SID 676 from the other three, and it is possible MOoT will not move forward with the project if these SIOs are separated. Commissioner Krauss then asked if there is an estimate of how much state and federal money has been spent on the North 19th Avenue corridor. Mr. Bukvich responded that the North 19th Avenue corridor, including Valley Center Road from North 19th Avenue to the underpass is over $11 million; $6 million for the interchange itself, $2 to $3 million for construction of the piece of North 19th Avenue now under discussion, $2 million for Valley Center Road. Public money, from the statewide gas tax, was spent on intersection improvements, including signalization along North 19th Avenue. The interchange provided access for people driving into Bozeman, but it also turned prime agricultural land into prime development land. Commissioner Kirchhoff noted there have been questions regarding assessment for frontage versus non-frontage properties, and the methodology of assessment for those properties. City Engineer Hixson said it was agreed that the most equitable way of assessment is to assess everyone the same amount because the improvements are of such a far-reaching nature that everyone in the area will benefit. It is allowable to double-charge assessments for the 25 feet fronting the street; but staff didn't recommend doing so, especially on North 19th Avenue, because it is not equitable to all property owners. The only way for somebody to pay less, is if somebody else pays more, so it was decided to spread the costs out evenly throughout the district, which is believed to be fair. Responding to questions from Commissioner Hietala, City Attorney Luwe noted the Commission reached a decision to not use impact fees prior to adopting the resolutions of intent. The SouthWest Montana Building Industry Association (SWMBIA) has couched its lawsuit to include all impact fees; and at this stage, the court has not yet ruled. However, the City Attorney's office believes those annexation impact fees are outside of the original lawsuit. If the Commission wants to use impact fees for this project, it can change its vote. City Engineer Hixson added that if the Commission desires to do that, the districts would have to be recreated to figure in impact fees from the start, rather than using impact fees to buy the bonds down immediately. Acting City Manager Brey agreed, saying the City doesn't want to affect the bond interest rate by an early bond call. At such time as the court case is resolved, whatever portion of impact fees the City is authorized to spend can be used to buy down these bonds, if the Commission desires. However, this Commission cannot tie the hands of a future Commission. Mayor Cetraro questioned the percentage of those property owners protesting creation of this district. City Engineer Hixson stated the number of written protests received from the fee title owners does not meet the statutory requirements to halt the creation of this SID. The Accola Ranch is county property, and the owners petitioned the County Commission to be included in an SID or RID. They are not protesting being included in the district; but they are protesting the amount of the assessment, which is not a statutory protest. 05-1 0-04 - 7 - Regarding Mr. Shouse's assertion that the noticing requirements were not properly met, City Attorney Luwe stated his office will investigate to see if those notices were properly sent, although one notice was received; and the act of placing the notice in the mail would constitute proper notice. Director of Public Service Arkell stated she was told by Clerk of the Commission Sullivan that she and the Deputy Clerk of the Commission went through the lists and double-checked each one to make sure each property owner had received the proper notices. The notices were sent in separate envelopes to ensure they would be received, rather than creating an all or none situation. Responding to questions from Commissioner Krauss, City Engineer Hixson stated case law says expenses do not have to match the benefits on a dollar-for-dollar basis; it doesn't require cold dollar accounting. The position staff is taking is that the developed properties will benefit greatly from these improvements to Valley Center Road since further development will make that area more attractive and beneficial for future usage, and the impact will be much greater than it is now. Commissioner Krauss clarified that the City Engineer is arguing increased business as a benefit. City Engineer Hixson agreed, saying these improvements will provide safe access on a road that will become unsafe in the near future if nothing is done. Drivers cannot make a left turn on a 50 mile-per-hour roadway without creating safety issues. Staff is convinced there will be increased values for both the developed and undeveloped properties, particularly on Valley Center Road. Commissioner Krauss stated he is still trying to find some reasonable or intangible value of undertaking these improvements. City Attorney Luwe noted there was a court case, Schumacher vs. City of Bozeman, that dealt with using SIDs to create parking spaces in the downtown. The court looked at the congested parking area and ruled that easy accessibility is a special benefit that is sufficient to allow creation of an SID. The Commission can, therefore, take into consideration that accessibility and safe turning movements are special benefits to these properties, which is outside money tangibles. Commissioner Kirchhoff said the Commission hasn't gotten a lot of new information, but it did get a lot of clarification; and the reality is these are very expensive improvements that need to be undertaken to make the streets safe. He stated he appreciates staff's work to make these assessments as equitable as possible. This is a tough decision because no Commissioner wants to pass additional costs on to those business owners who are doing good work in Bozeman. While not all property owners will reap the same benefit, everyone will need to pay into this district. Commuters will see a decline in service because of the commercialization of the arterial, which is what the Commission is continually seeing - the commercialization of the arterials. This is a very tough decision; but since he has not heard any convincing arguments made for errors in methodology, he is convinced this is the best solution. Commissioner Hietala stated he is in support of moving this process along, but he would like to offer some use of impact fees to help lower these costs. Mayor Cetraro said he doesn't know if he agrees with spending impact fees at this moment, but he does have a problem with the expenses outweighing the benefits. While he would like to pursue other methods of funding, he does not agree the districts should be combined because they are separate in their boundaries and expenses. Commissioner Krauss noted over $11 million has already been spent on improvements to the North 19th Avenue corridor and its intersections, and that is a public commitment. He stated he is absolutely against using impact fees to pay for these improvements because he is reluctant to spend impact fees to benefit anyone who joined the lawsuit against the City. What is important now, with regard to impact fees, is that the lawsuit be settled; and then the Commission can determine its priorities as to how impact fees should be spent. In this case, impact fee usage would only benefit a tiny part of town on the extreme northwest side, which is vastly different than using impact fees to upgrade the wastewater treatment plant. Commissioner Krauss stated he is having a hard time including the already developed properties in all of the SIDs because they are being forced to subsidize development on Valley Center Road; and if those developments do not occur, there will be no problem. Commissioner Kirchhoff commented it is always those who develop first who end up paying for the outer layers of development, including in residential areas. The question of absolute fairness comes up all the time, and the Commission needs a way to address that. Commissioner Krauss responded he believes the City is done asking the state or federal government to solve the problems on North 19th Avenue; and, therefore, someone needs to come up with a way to pay for these improvements. He stated he is having 05-1 0-04 - 8 - a hard time finding the absolute necessity for making these improvements to Valley Center Road; realizing there is a lawsuit out there, and the developers are prohibited from building there until this road is improved. Commissioner Krauss added he believes that is something the people who want to build there need to address, rather than those property owners on the other side of the street. Commissioner Youngman replied she doesn't see a better alternative right now because there are a lot of businesses on Valley Center Road that can't do a thing until these improvements move forward due to safety considerations. She would be happy if impact fees could be used to pay for a portion of this project, but they can't. If this project is delayed, it is harming a lot of commercial development and safety improvements that the community needs. It appears to be the best alternative at this time to allow these safety improvements to proceed, and she believes careful research has been undertaken. Commissioner Krauss reiterated that he believes the best answer is to let the developers on Valley Center Road pay for the improvements if they want to develop the property. Valley Center Road is on the fringe of the city; and if developers want to build on the fringe of the city, they must bear those costs. Mayor Cetraro questioned if this SID doesn't proceed, that these improvement plans will remain on a shelf until there is more buy-in of participation. Acting City Manager Brey answered he hopes the shelf-life of these plans would be fine, and they would be usable in the future. However, MDoT is considering revising some of their standards for how plans are drawn up, but he is unsure how that would change these plans. Commissioner Youngman asked if this construction season will be lost if this SID is not approved this evening. City Engineer Hixson said if this decision is pushed out too much farther, this construction season will clearly be lost. The price of this project is going to increase every year, if oil prices continue to rise; so if this project is pushed back to next year, there will be a risk of doing it at a higher price. Commissioner Krauss said he hasn't heard any testimony regarding safety on Valley Center Road; and while he doesn't want to disadvantage the city's partnership with the state with his vote tonight, he feels he has to weigh the alternatives and equity issues. Mayor Cetraro stated he would hate to see development on Valley Center Road stifled, but he does seem some serious problems with passing SID number 676. He would like to see more buy-in and the costs brought down. However, pursuing a federal grant isn't a viable option; and staff has done diligent work on drawing the boundaries. It was moved by Commissioner Kirchhoff, seconded by Commissioner Krauss, to direct staff to bring back a resolution creating special improvement district number 676 for improvements to Valley Center Road from North 19th Avenue to just west of North 27th Avenue. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Krauss, and Commissioner Youngman; those voting No being Commissioner Hietala and Mayor Cetraro. Public hearina ~ Commission Resolution No. 3672 ~ intent to create SID No. 675. improvements to North 19th Avenue from Baxter Lane to Vallev Center Road This was the time and place set for the public hearing on the intent to create SID No. 675, as set by Commission Resolution No. 3672, entitled: COMMISSION RESOLUTION NO. 3672 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 675; DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE EXTENDED DISTRICT FOR THE PURPOSE OF UNDERTAKING CERTAIN LOCAL IMPROVEMENTS AND FINANCING THE COSTS THEREOF AND INCIDENTAL THERETO THROUGH THE ISSUANCE OF SPECIAL IMPROVEMENT DISTRICT BONDS SECURED BY THE CITY'S SPECIAL IMPROVEMENT DISTRICT REVOLVING FUND AND ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE. 05-1 0-04 - 9 - Mayor Cetraro opened the public hearing. Commissioner Krauss asked if the Commission h as any discretion in the calculations for the assessments for these SIDs. Finance Director Gamradt stated there is a mandatory five percent revolving fund contribution and a discretional one-half percent revolving fund contribution. In the past, the Commission has declined to impose the discretional contribution. Dave Stewart, property owner in Gardner Simmental Subdivision, pointed out the Commission has already passed the first SID, which is tied to the other three SIDs, so it is a foregone conclusion that the rest of the SIDs are going to be approved. Since it is either a "support all" or "dump all" proposition, the Commission must go all the way now; and that is an injustice to all the property owners i n Gardner Simmental. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Commissioner Krauss stated he would support not adding the discretionary one-half percent to these SIDs as a concession to the costs of the SIDs. City Attorney Luwe stated that will be included in the resolution of creation. It was moved by Commissioner Hietala, seconded by Commissioner Krauss, to direct staff to bring back a resolution creating special improvement district number 675 for improvements to North 19th Avenue from Baxter Lane to Valley Center Road. 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 hearing - Commission Resolution No. 3676. intent to create SID No. 677. imDrovements to traffic sianal at intersection of North 19th Avenue and Vallev Center Road This was the time and place set for the public hearing on the intent to create SID No. 677, as set by Commission Resolution No. 3676, entitled: COMMISSION RESOLUTION NO. 3676 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 677; DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE EXTENDED DISTRICT FOR THE PURPOSE OF UNDERTAKING CERTAIN LOCAL IMPROVEMENTS AND FINANCING THE COSTS THEREOF AND INCIDENTAL THERETO THROUGH THE ISSUANCE OF SPECIAL IMPROVEMENT DISTRICT BONDS SECURED BY THE CITY'S SPECIAL IMPROVEMENT DISTRICT REVOLVING FUND AND ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE. Mayor Cetraro opened the public hearing. Susan Swimley, Nellen and Swimley, noted that all five of the Commissioners mentioned one solution to the high costs of these SIDs would be to use impact fees if they were available; and she asked what the impetus is to not tax all property owners. Commissioner Youngman said this Commission could put something in the record, but there will probably be a different Commission when that is resolved. In basic fairness, she supports using impact fees for what they were intended to be used for; to improve the street infrastructure. She can't imagine that a future Commission would vary from that reasoning, but this Commission cannot tie the hands of a future Commission. Commissioner Krauss added these SIDs were discussed at length a couple of weeks ago, and three of them were forwarded unanimously. SID number 676 was forwarded on a majority vote. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. 05-1 0-04 . ----...-.----..-... .... ...---- .-.---- --- - 10- It was moved by Commissioner Krauss, seconded by Commissioner Youngman, to direct staff to bring back a resolution creating special improvement district number 677 for improvements to the traffic signal at the intersection of North 19th Avenue and Valley Center Road. 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. Public hearina - Commission Resolution No. 3678 - intent to create SID No. 678. installation of traffic sianal at intersection of North 19th Avenue and Cattail Street This was the time and place set for the public hearing on the intent to create SID No. 678, as set by Commission Resolution No. 3678, entitled: COMMISSION RESOLUTION NO. 3678 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 678; DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE EXTENDED DISTRICT FOR THE PURPOSE OF UNDERTAKING CERTAIN LOCAL IMPROVEMENTS AND FINANCING THE COSTS THEREOF AND INCIDENTAL THERETO THROUGH THE ISSUANCE OF SPECIAL IMPROVEMENT DISTRICT BONDS SECURED BY THE CITY'S SPECIAL IMPROVEMENT DISTRICT REVOLVING FUND AND ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE. Mayor Cetraro opened the public hearing. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, to direct staff to bring back a resolution creating special improvement district number 678 for the installation of a traffic signal at the intersection of North 19th Avenue and Cattail Street. 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. Break - 8:47 - 8:58 Dm Mayor Cetraro declared a break from 8:47 pm until 8:58 pm in accordance with Commission policy. Public hearing - Conditional Use Permit for West Winds Planned Unit DeveloDment - establish a unified develoDment Dlan for a 161.30-acre subdivision for develoDment of 213 sinale-household. 92 townhouse. 5 multi-household. and 8 senior assisted livina lots with relaxations from various sections of the Unified DeveloDment Ordinance - HKM Enaineerina for Quest West. LLC lIvina between Baxter Lane and West Oak Street. and between North 27th Avenue and Davis Lane) (Z-04050) This was the time and place set for the public hearing on the Conditional Use Permit for West Winds Planned Unit Development, as requested by HKM Engineering for Quest West, LLC, under Application No. Z-04050, to establish a unified development plan for a 161.30-acre subdivision for development of 213 single-household, 92 townhouse, 5 multi-household, and 8 senior assisted living lots, with relaxations from the Unified Development Ordinance as follows: (a) from Section 18.42.100, to allow the watercourse setback to be reduced from 50 feet to 15 feet; (b) from Section 18.50.070.A.1., to allow the watercourse setback to count toward the parkland dedication requirement; (c) from Section 18.50.020, to allow the parkland dedication requirement to be based on 11 percent of net buildable area instead of 0.03 acres per dwelling unit; (d) from Section 18.16.020.8., to allow assisted living/elderly care facilities and apartments within the "R-3", Residential-Medium-density, zoning district; (e) from Section 18.42.030.C., to allow double frontage lots adjacent to arterial and collector streets; (f) from Section 18.42.040.8., to allow block lengths to exceed 400 feet; (g) from Section 18.42.040.C., to allow the minimum block length to be less than 200 feetfor blocks with restricted size lots; (h) from Section 18.42.180. C., to allow townhouse restricted size lots to be less than 3,000 square feet and more than 3,000 square feet for corner townhouse lots; and (i) from 05-1 0-04 - 11 - Section 18.44.090.0.3., to allow residential lots that front on Hunters Way and Buckrake Avenue and back onto the linear park to access local streets within 150 feet of an intersection with an arterial street and to allow the access separation distance between the proposed local streets onto West Oak Street to be less than 660 feet. The subject property is bounded by Baxter Lane, West Oak Street, North 27th Avenue, and Davis Lane. Included in the Commission packets were several letters of support and opposition for this project and the requested relaxations from the code requirements. Mayor Cetraro opened the public hearing. Associate Planner Morris distributed copies of her memorandum dated May 10, outlining additional conditions, and then presented the staff report. Staff has reviewed this application in light of the applicable criteria, and their findings are included in the written staff report. She reviewed the application, saying Davis Lane is in direct alignment with, and thus will be changed to, Fowler Avenue. Staff does not support the requested relaxation of the watercourse setback because the required 50-foot setback is to insure pollutant filtration, minimize flood hazards, minimize stream bank erosion, and maintain the existing wildlife habitat. Staff also does not support the requested relaxation to allow the watercourse setback to be counted toward the parkland dedication, the request that the parkland requirement be based on 11 percent net buildable area instead of 0.03 acres per dwelling unit, or the request to allow residential lots to access local streets within 150 feet of an intersection with an arterial. Planning staff has identified various code provisions which are currently unmet, and staff has advised the applicant that he must comply with these provisions prior to receiving final site plan approval. Four letters have been received by staff and were included in the staff packet. One of the letters suggests offsetting Hunters Way from its current alignment. Staff suggests requiring traffic calming on Hunters Way, rather than offsetting the alignment. Relevant code provisions are listed in the staff report and will have to be addressed, but they are not conditions of approval. Commissioner Kirchhoff asked for clarification of the terms "deviation" and "relaxation". Planning Director Epple stated deviations are specific to historic districts, neighborhood conservation overlay districts, or entryway corridor overlay districts. Relaxations are relevant to areas other than those within the above listed districts. Relaxations must result in a superior product. John Dunlap, Quest West, noted this is the largest undeveloped, annexed, and zoned property in Bozeman. They have strived to embrace as many goals listed in the Bozeman 2020 Community Plan as possible in this one application. Housing types will include single family residences, townhouses, apartments, senior cottages and apartments and assisted living facility, condominiums, affordable housing on restricted size lots, and section 42 housing. Mr. Dunlap said he feels the current staff determination of the parkland requirement is a far-reaching interpretation of the Unified Development Ordinance (UDO). They have followed the steps outlined in the UDO verbatim, and they have met the goals listed in the growth policy. The UDO allows the park area requirement to be based on the 11 percent net buildable area if the density of the development is unknown. Staff, however, insists that 0.03 acres per dwelling unit is required for parkland dedication. Quest West wants to provide additional parkland amenities for the enjoyment of the entire community, but they will have to reduce those amenities if they are required to comply with staff's requirement for parkland dedication. Additionally, they will have to reduce the number of affordable multi-family housing units and convert them to single-family lots, which will adversely impact affordable housing, as well as the goal of the growth policy. Mr. Dunlap stated maintaining the 50-foot watercourse setback will adversely impact the proposed soccer fields. This is a minor watercourse that is typically dry, and there is no floodplain associated with it. Mr. Dunlap said they believe that these setbacks should be used for active recreation areas. Since the need for soccer fields in this valley is enormous, this area could be utilized for the betterment of the community. It is not an uncommon practice to place soccer fields in flood-prone areas because it is a good dual use. Regarding the requested relaxation to allow apartments within the R-3 zoning district, Mr. Dunlap stated it is their intent to provide apartments at a density consistent with apartments in the R-4 zoning district. Mr. Dunlap stated they would like to have the Commission discuss and motion each relaxation individually. As stated in the UDO, the intent of the planned unit development process is to promote flexibility and innovation in the development of land and the design of the development. It also states that 05-1 0-04 - 12 - the Commission can grant deviations, providing they will produce environmental, landscape quality, and/or a character that is superior to that which would have been created. Additionally, the Commission may grant a complete exemption from a particular standard. Mr. Dunlap reiterated this application complies with the goals, requirements, and intent of the UDO, the growth policy, and the parks master plan; but these standards do not take a global approach. Both Planning staff and the review boards have failed to embrace the goals and intent of the growth policy; and Quest West will be forced to develop a project that, in their opinion, is not in the best interest of the community. Commissioner Youngman noted there are some places on this site that experience high groundwater, some of which is as high as any groundwater the city has ever dealt with. There is also a swail running the length of the property, which will have higher levels of water. The Commission is now hearing from property owners, who live in high groundwater areas that have been developed, that they have standing water in basements or crawl spaces, mold, structural problems, bugs, etc. It is not good practice to take action without being knowledgeable about such issues, and she would appreciate more information. Mr. Dunlap responded that the groundwater issues will be mitigated by raising the foundations up to the height that they need to be. They will have to identify soil samples and groundwater levels at the time they apply for building permits. Grades will be provided as to their specific relation to groundwater; and that will be mitigated as much as possible, but they are limited by road connections. Commissioner Youngman asked Mr. Dunlap if they had any problems with the extra conditions distributed this evening by Associate Planner Morris. Mr. Dunlap stated they are in full agreement with those conditions outlined in the memo that was distributed this evening. Mayor Cetraro pointed out that condition number 4 in Planner Morris's memo, prohibiting the platting of lots within the 1 DO-year flood plain, contradicts Mr. Dunlap's discussion items. Mr. Dunlap replied there is no flood plain delineated on this property at all. Planning Director Epple added the 1 DO-year flood plain must be evaluated and no lots may be located in that flood plain. Commissioner Youngman questioned the location of the proposed soccer fields. Mr. Dunlap stated they will be distributed throughout the parkland and use of the setback areas for soccer fields will not change the past or existing use of this property. No impervious surfaces will be placed within the 50-foot watercourse setback. The proposed15-foot setback area will be planted with native wetland species. Victor Hanson, 2735 Harris, stated he feels the development of this land is inevitable, but he does not feel it is necessary to relax any setbacks or buffers. This project should be built using the rules and regulations as required. Doug Aita, 1226 Hunters Way, distributed copies of a traffic report concerning traffic on Hunters Way. Hunters Way is becoming an arterial street, and residents are concerned with the volume and speed of traffic on this street. Currently Hunters Way has a traffic volume of 1,500 vehicles per day. Extending Hunters Way through this subdivision to Baxter Lane will make it one of the longest residential streets in town. Already there is a lack of north/south roadways in that area, and the problem is exacerbated by construction at the intersection of North 19th Avenue and Main Street. He would like to see an alternative to aligning Hunters Way from Durston Road to Baxter Lane, perhaps by redesigning the subdivision, offsetting the street, or some other means to alleviate creating a severe problem that will have to be dealt with in the future. Residents are circulating a petition to try to limit the volume and speed of traffic on Hunters Way, suggesting the use of 4-way stops. Mr. Aita encouraged the Commission to consider this when reviewing this application. Commissioner Kirchhoff asked if this is an up-to-date traffic count for Hunters Way. Mr. Aita replied it came from Neighborhood Coordinator Oulman, and he assumes it is up to date. Scott Bosse, 722 Hunters Way, stated he is not thrilled about this open field being developed, but it is the price of progress in Bozeman; and this is an appropriate place to develop. He reminded the Commission of the vision statement, saying this subdivision, as proposed, will not be as livable as it could be. If the requested relaxation of the setback is granted, wildlife values will be destroyed, which is what makes Bozeman so livable. There are lots of birds and wildlife in that area, which add to the quality of life for everyone. The watercourse that runs through this property does filter out pollutants and counting the riparian/wetland area as parkland is inappropriate. Mr. Bosse said neighbors worry that the current major traffic problems on Hunters Way will bee xacerbated, creating a dangerous situation. He asked the 05-1 0-04 - 13 - Commission to make sure Hunters Way and other neighborhood streets are returned to their original functioning. Andy McLaughlin, 1212 South Cedarview, representing Cascade Homes, voiced his support of relaxing the watercourse setback and counting the setback as parkland dedication. He noted that both the Bozeman 2020 Community Plan and the parks master plan recognize watercourses and wetlands as park allocation, so this project is in compliance with the parkland dedication requirement. Joanne Jennings, 608 South 7th and chair of the Recreation and Parks Advisory Board, stated the board members have looked at this plan and made their recommendation; and they stand by their recommendation to retain the 50-foot watercourse setback. Recognizing it is important that these soccer fields be available for community use, they have made recommendations for alternate locations of the soccer fields. The Recreation and Parks Advisory Board wants the setbacks to remain and more parkland provided. Heidi Olson, 91 Pebblebrook, said the usable parkland area that the developer has established is a beautiful area. She and her family desire to live in the West Winds subdivision because it is going to be a great subdivision; but if it is not affordable, they won't be able to do so. With the conditions being placed on this developer, this project will be less affordable; and it will push affordable housing out of the reach of those who need it. Lowell Springer, Springer Architects, reminded the Commission that the Bozeman community was a high land desert until artificial canals were brought in 100 years ago and changed the nature of the valley. Subsequently the Department of Agriculture and other governmental agencies decided it would be nice if the creeks were moved to make them more meandering. Now some streams have been returned to their original path, and that has created some subsoil conditions that imitate wetland conditions. A lot of agricultural land has been taken out of production, backfilled, and developed, so that now many of those creeks are no longer carrying any water at all. Wetland species are no longer growing because some of these areas are not true, natural waterways, and their source of water is being taken away. The requirement for a 50-foot watercourse setback is no longer a valid process. Russ Squire, 5195 Copeland Lane, stated he fell in love with this development; and it is the ideal location for his affordable housing project because of its close proximity to services. He said he wishes to address how Planning staff's interpretation of the UDO will affect affordable housing in Bozeman. As a Section 42 developer, who is limited to fixed rents, he will have to forego his affordable housing project altogether because his cash flow will be negative if the 0.03 acre standard is applied. The three variables that affect affordable housing include the cost of the land, material costs, and labor costs. Cost of land in Bozeman is the highest in the state; material costs rank number two in the state, and labor costs are the highest of any city in Montana. Bozeman's wage and cost of living wedge is the highest in the nation. Balance is important to Bozeman's goal of providing affordable housing, and if the West Winds development sets a precedent that makes Section 42 housing unaffordable to develop, much of Bozeman's workforce will be forced to live outside of city limits. Gordon Gregory, 2807 Allison Court, said he agrees the wetland setback should be 50 feet because 15 feet is hardly enough setback for native vegetation and wildlife that lives there. The wetlands are currently bone dry because of the drought and the fact that the irrigation ditch to the east hasn't been filled. The lots along the linear park infringe on the look of the park and on the boundaries of the wetland. Lots backing up to public parkland have often resulted in encroachment into the park and screen the park from view, thus discouraging use by the general public. The increased traffic created when this area is fully developed should not be underestimated because Oak Street is already busy and the speeds are high. Gene Cook, developer, who has no involvement in this development, said Bozeman needs this kind of good development. The water level of this area will be totally changed in the next five to seven years. He has been developing land in Bozeman for years, and the water level has changed over time because ditch irrigation for agricultural land to the south is a thing of the past. Rain water only gets down 6 inches and doesn't replenish the aquifer. Water levels in the valley are dropping dramatically, and this piece of property will be very dry except for possible high spring runoff. Water and sewer lines form a natural channel for water to follow under the pipes. Parkland discussions are always an issue whenever he proposes a development; and Mr. Cook suggested t here needs to be black and white guidelines for parkland requirements, so developers know up front what they are going to be required to provide. 05-1 0-04 . ... -..-.-.-..----....--- -..--...-.....-...-- -..-... - 14 - Diane Aita, 1226 Hunters Way, questioned when Oak Street was going to be completed. Tami McLaughlin, 1212 South Cedarview, said she would like to address the affordable housing issue. She is a loan officer, who processes 15 to 20 loan applications per month; and young couples cannot afford to live in Bozeman because there are no homes available under $200,000. Prospective homeowners are having to bid over the asking price to have a chance to buy a piece of property in Bozeman. The median income in Bozeman is $39,300; and by requiring the extra parkland allocation, the payment on a house in this subdivision will increase $100 per month, per unit, which forces median income households to locate in Belgrade and Three Forks. Mr. Dunlap again asked that the Commission discuss and make a motion on the requested relaxations individually. They have truly tried to abide by the UDO, and they feel the parkland criteria has been met or exceeded. They are requesting the 15-foot setback to increase the play area only; it isn't needed to meet the parkland requirement. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Associate Planner Morris stated this development, at full buildout, will contain 960 units, so the 0.03 acres per unit parkland dedication requirement was applied. The calculation based on 11 percent net buildable area is permitted only when the density of the development is not known. Parkland dedication requirements are based on the number of units, and units are defined as those spaces that contain kitchen facilities. The senior assisted living/skilled care units are not considered dwelling units, so those are excluded from the parkland calculation. Planning Director Epple added the Recreation and Parks Advisory Board has shared that high-density developments should require more parkland than low-density environments because the low-density areas contain some parkland in the yards, whereas very small lots and apartment lots do not have adequate play areas. The Bozeman 2020 Community Plan states medium density areas should have an average of 12 units per net acre, but this development proposes a density of 10 dwelling units per net acre. "Net acre" excludes anything that is not able to be built upon. The developer is proposing to build apartments in an R-3 zone, which cannot be done with a relaxation; it will require a zoning change. In October, Planning staff was told by the developer there would be a 50-foot watercourse setback. Now they are requesting only a 15-foot setback. Wetlands consultants have said that the west ditch is, indeed, a stream; and water will be added later that may not be there now because of the diversion of land from agricultural uses. Additionally, it is hard to determine water levels in drought conditions. Planting requirements for natural stream landscaping will still apply. Commissioner Youngman noted there is the option to lower the density cap to allow for redefinition of the parkland calculation. Associate Planner Morris responded that if the Commission feels less parkland could be acceptable for this site, the density of this development should be capped to the number of acres the developer is providing. Commissioner Youngman asked when Davis Lane will be constructed. Associate Planner Morris stated the timing of development of Fowler Avenue will occur with each phase of development. Oak Street improvements will have to be improved in the next phase of development. Associate Planner Morris referred to condition number one, as outlined in the staff report, saying the Bozeman 2020 Community Plan and the Greater Bozeman Area Transportation Plan, 2001 Update both indicate the east/west trail should be constructed to provide a future connection between Rose Park and the regional park. The path should be constructed to an eight- or ten-foot width. Condition number two calls for trail crossings to be located at the nearest cross street. Staff does not want to see a pedestrian crossing mid-block in order to create a more controlled atmosphere. Appropriate signage must be provided to direct users to the trail. Associate Planner Morris went on to state that planned unit developments require Design Review Board approval, but the Design Review Board feels this application does not provide enough detail in the design guidelines. Therefore, the Design Review Board requests more information from the applicant. Commissioner Kirchhoff stated the applicant has provided an impressive stack of papers, with lots of requested relaxations, but he feels the Commission cannot act on this application tonight because of the complexity of the issues. This subdivision is not yet ready for this level of Commission review. This is a 05-1 0-04 --------..- - 15 - 160-acre square parcel with nine requested relaxations, and it seems remarkable that nine relaxations are required to develop a subdivision on this square parcel of land. Commissioner Kirchhoff stated he believes the Commission and staff are being asked to solve a lot of design problems. Commissioner Krauss agreed with Commissioner Kirchhoff's remarks, adding that it is regrettable that this project has gotten to this point and the parkland dedication is still being debated. One entire Monday evening could be spent discussing this one development, and all the issues surrounding it; none of the real important issues have been discussed as of yet. Commissioner Kirchhoff asked if the Commission would prefer to send this application back to staff with broad directions to the applicant. Commissioner Youngman said she doesn't believe the Commission can provide broad direction at this point. Commissioner Krauss stated his preference to provide broad direction to the applicant and refer back to staff. The burden of providing parkland cannot be loaded on Section 42 affordable housing. If this developer is going to provide affordable housing, it must count toward the amenities. Commissioner Youngman pointed out staff did reduce the parkland requirement by using the affordable housing calculation. Commissioner Krauss then stated that the Commission is not capable of designing a 160-acre subdivision, and he would prefer to allow staff to work with the applicant to reach an agreement. Commissioner Youngman noted one possibility would be for the Commissioners to look over the submitted materials for a few days, identify the questions the Commission wants to ask, and then provide the applicant with direction following discussion. Commissioner Krauss suggested it may require an afternoon work session to work things through. The Commission is being asked to mediate between the requirements of the code and what is desired in a 160-acre planned development within the city. Planning Director Epple stated the conversation really needs to be focused on items a, b, and c found on page two of the staff report. The rest of the requested relaxations are acceptable. Regarding the debate over using 0.03 acres per dwelling unit versus 11 percent net buildable area calculation formula, Planning Director Epple stated that if the number of units is known, the 0.03 acre per unit formula is to be used. If the number of units is unknown, then the 11 percent calculation may be utilized. The 11 percent formula is not supported by staff or the boards, so they have tried to reach a compromise by allowing the 50-foot watercourse setback to count toward the parkland requirement. Commissioner Krauss said it appears that the15-foot setback is being considered in order to allow the developer to put in soccer fields, and it doesn't look like it affects any single lot. Associate Planner Morris responded the 50-foot watercourse setback will be taken from the edge of the wetland. Responding to Commissioner Kirchhoff, Parks Manager Dingman stated he does not believe soccer fields are appropriate in watercourse areas because of soil conditions. Soccer fields require a minimum of ten inches of amended topsoil. Planning Director Epple added these are small soccer fields; and the edge of the field line will be located right at the 15-foot watercourse setback line, which doesn't leave any room for referees or fans. Another 15 yards is required, at the very least. Commissioner Krauss stated this is a planned unit development, and the Commission needs to decide if it is going to load $6,000 to the price of a dwelling unit to provide parkland. Planning Director Epple replied that the planned unit development process gives the Commission the flexibility to decide to use either the 11 percent net buildable area calculation formula or the 0.03 acres per dwelling unit calculation. Acting City Manager Brey offered t hat a staff/applicant/Commission work session is the most productive environment to work things out. If the Commission decides to hold a work session, it will need to ask the applicant for an extension of the review period for the preliminary plat. Responding to Mayor Cetraro, Mr. Dunlap verbally granted an extension to the review period to allow for a work session and continued public hearing to be conducted. Mr. Dunlap stated he firmly believes 14.5 acres is the amount of parkland that is required; but if the Commission decides more is needed, he would be agreeable to that. He will embrace further discussions with staff and the Commission in order to get this development, on this unique piece of property, to maximize its potential. 05-1 0-04 - 16 - Commissioner Kirchhoff stated he has design concerns with this application. The lots along the center parkway should be removed, and he wants to see some serious urban design included in this proposal. Integration of the elements is lacking, and there is no connectivity. Mr. Dunlap responded that they cannot achieve a grid pattern because of the control elements of the wetlands and parkland. The overall design is already tight because of the width of the streets and the required 20-inch sewer main. Commissioner Kirchhoff stated he doesn't understand why these things are so cast in stone because there are no hardships to overcome. There are no constraints to providing streets that harmonize, and he believes the street layout can be greatly improved. Mr. Dunlap replied it is not possible to align the streets with the 20-inch sewer main because of the wetlands. He feels they have maximized street connectivity. Mr. Dunlap then stated that when the design team read the UDO requirements, it is very black and white, in their minds, that the combination of the 11 percent calculation formula and the 0.03 acres formula meet the parkland requirements. He paid for the land based on the price per acre; and the seller did not sell the parkland, wetlands, and setbacks at a lesser price. That purchase price needs to be identified and put back into the cost of this development. Acting City Manager Brey suggested setting the work session meeting date for May 17th at 3:00 pm, which will allow the reopened public hearing to be held on May 24th at 7:00 pm. Commissioner Kirchhoff pointed out that in granting relaxations, it is essential to determine what superior product is being gained in return for granting the relaxation. It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that this item be scheduled for a work session on May 17th at 3:00 pm; and that the reopened public hearing be placed on the May 24th, 7:00 pm agenda. 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 hearina - Dreliminarv Dlat for West Winds Subdivision. Phases IA and IB - allow subdivision of 31.05 acres Iyina at northwest corner of intersection of West Oak Street and North 27th Avenue into 46 sinale-household. 40 townhouse and 2 multi-household lots - HKM Enaineering for Quest West. LLC CP-04009) This was the time and place set for the public hearing on the preliminary plat for West Winds Subdivision, Phases IA and IB, as requested by HKM Engineering for Quest West, LLC, under Application No. P-04009, to allow the subdivision of 31.05 acres lying at the northwest corner of the intersection of West Oak Street and North 27th Avenue into 46 single-household, 40 townhouse and 2 multi-household lots. Mayor Cetraro opened the public hearing. John Dunlap, applicant, verbally granted an extension to the time limit for reviewing preliminary plats to allow this public hearing to be continued to May 24. It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the public hearing on this item be continued until May 24th. 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. ADDointment to Parkina Commission Included in the Commissioners' packets was a memo from Clerk ofthe Commission Sullivan, dated May 6,2004, forwarding the application for this board. It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that Larry Bowman be appointed to replace Don McLaughlin on the Parking Commission, with an initial term to expire on June 30, 2005. The motion carried by the following Aye and No vote: those voting Aye being Commissioner 05-1 0-04 - 17 - Krauss, Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, and Mayor Cetraro; those voting No, none. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1 ) Letters from 1. Weaver, 824 O'Connel, dated May 5, one regarding fireworks, the justice system, and lighting; and one regarding Soroptimist Park. (2) Copy of a letter from Don Boyd, 502 North 4th Avenue, to Assistant Water/Sewer Superintendent Kevin Strickler, dated April 30, regarding the City crew's efforts to address his sewer problems. (3) Copy of the notice to be published regarding the flowing of fire hydrants. (4) May 6 updated list of planning projects to be considered at upcoming Commission meetings. (5) Invitation to the Commissioners to attend the ribbon cutting ceremony for the grand opening of the WalMart Supercenter, scheduled for 7:30 a.m. on Wednesday, May 12. (6) Newsletter from Headwaters Recycling, announcing the next meeting, which is to be held at 10:00 a.m. on Tuesday, May 11, at Three Forks. (7) Agenda for the School Board of Trustees meeting to be held at 7:00 p.m. on Monday, May 10, at the Willson School. (8) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, May 11, 2004, at the Courthouse. (9) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, May 11, at the Professional Building. (10) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, May 11, at the Professional Building. During his FYI, Acting City Manager Brey offered the following: 1) Staff will be proceeding with background checks on the remaining city manager candidates. A superficial check will be conducted at this time. 2) The Commission has received proposed bylaws for the parking garage project, and he would like to receive comments on those by Wednesday afternoon. City Attorney Luwe offered the following during his FYI: 1) He will be gone Monday through Wednesday of next week, and either Staff Attorney Cooper or Staff Attorney Day-Moore will be attending next week's Commission meeting. Director of Public Service Arkell presented the following FYI items: 1) There has been a storm warning issued that includes wet, heavy snow, which could damage trees, but could also help reduce the water shortage. 2) Mechanical work is being done to get the Lyman Creek Reservoir on line as quickly as possible. Staff is going to wait two weeks to see what the water situation is like before deciding on water conservation measures. It is possible the city may need to go to an every-other-day watering plan to conserve water. During her FYI, Commissioner Youngman noted the following: 1) Asked if the Chamber of Commerce scheduled the forum for tomorrow night, saying it is a good thing to do and she supports the goal; but she is concerned that it may have been scheduled outside of official channels. 2) The Inter-Neighborhood Council is hosting a public meeting tomorrow night at the Lindley Center at 7:00 pm, and Director of Public Safety Tymrak will be talking about police issues. The Council plans to hold a series of meetings and have scheduled topics they believe the public will be interested in. Acting City Manager Brey noted this a good opportunity for the public to put a human face on names at City Hall and can give staff an opportunity to convey messages to the public, such as the adoption of the fireworks ordinance. 05-1 0-04 ..._. ___. _.n - 18 - Commissioner Krauss stated the following during his FYI: 1) At the Planning Board meeting last week, residents from Hunters Way came and talked about the length of the street and its heavy usage. They will be submitting a petition in support of the installation of 4-way stop signs on Hunters Way. 2) The Montana Public Power Association will submit its bid on Wednesday morning. 3) He met with the Soroptimists this morning. While they want to save their park, they recognize the City hasn't taken care of it. They do have some conditions, if the park is sold; they would like to see Soroptimist Library or the square to the west of the library named Soroptimist Square, with the trees and plaques transplanted to the new park. The 10 Commandments plaque doesn't belong to them, so they would like the City to handle the disposition of it. Acting City Manager Brey noted the Salvation Army would like to have it. 4) He will be attending the forum tomorrow night. Commissioner Hietala noted during his FYI that he will gone on Monday. During his FYI, Commissioner Kirchhoff stated he will be attending the Inter-Neighborhood Council sponsored meeting tomorrow evening. During his FYI, Mayor Cetraro inquired as to how the transfer station project is progressing. Director of Public Service Arkell answered that, at this point, the City doesn't have an architect contract. A Great Falls solid waste collector has said they can haul trash from Bozeman to Great Falls for $30 per ton. However, that program could have political ramifications with the County solid waste program. Executive Session re Dersonnel - selection of City Manaaer Acting City Manager Brey announced that this session is no longer needed due to the special meeting held on Friday. Adiournment - 11 :45 Dm There being no further business to come before the Commission at this time, it was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, Commissioner Youngman, and Mayor Cetraro; those voting No, none. ~W~ AN L. CETRARO, Mayor ATTEST: ~X~ R N L. SULLIVAN Clerk of the Commission PREPARED BY: ~~ ~-tA~ EN L. DeLA THO R Deputy Clerk of the Commission 05-1 0-04 ........-. ..... .-..-.-...--.-. - ..-..