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HomeMy WebLinkAbout2004-02-23 Minutes, City Commission ___n__.. ------..-.-- ...__.....__._..__...___.__u _._ --..-..----...- MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA February 23, 2004 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, February 23,2004, at 7:00 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, City Attorney Paul Luwe and Clerk of the Commission Robin Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - Februarv 9 and Februarv 17. 2004 It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the minutes of the meeting of February 17, 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 meeting of February 9, 2004, to a later date. Consent Items Acting City Manager Brey presented to the Commission the following Consent Items. Proclamation - "Arbor Day" - April 30. 2004 Authorize Mayor to sian - Aareement between the Montana Historic Preservation Office and the City of Bozeman - continuation of the Certified Local Government program for the period April 1. 2004 throuah March 31. 2005 Authorize Mayor to sian - Findinas of Fact and Order - preliminarv plat for Deborah Bear McKay two-lot minor subdivision (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) (P-03028) Award bid - 2004 sport utility vehicle for Building Inspection Division - Ressler Motors. Bozeman. Montana - in the bid amount of $30.587.77 Award bid - construction of Fire Station No. 1 addition. to include clean room - Inaram-Clevenaer. Helena. Montana - in the bid amount of $125.271.00 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. 02-23-04 - - --- - - ------------------- -".-..........--."'.--.-.-..--- .------....-.-..--.----.--.-----....-..-.. .....-....... -.----- - 2 - Public comment No comment was submitted under this agenda item. Authorize Mayor to sign. Acceptance of Bvlaws of the Bozeman Community Alcohol Coalition Included in the Commissioners' packets was a copy of the Bylaws of the Bozeman Community Alcohol Coalition. Acting City Manager Brey reminded the Commissioners that action on these bylaws was continued from last week's agenda in light of concerns and issues raised. Ms. Jenny Haubenreiser, Chair of the Community Alcohol Coalition, distributed two proposed revisions to the bylaws. One of the revisions is to Article 111.8. and the other is a new section numbered Article IV.G. She noted that the revisions help to address confusion over the role and powers of the Community Alcohol Coalition and identify the responsibilities and duties of the officers. She noted that the Bozeman Alcohol Policy Advisory Committee submitted five recommendations to the Commission; and those recommendations were approved. It was the intent of that Committee that the Coalition move forward to the next step, not redo its work. The role of the Coalition is to oversee the implementation of the recommendations and to educate the public about the new regulations. Also, it will address alcohol issues as they arise in the community and possibly undertake additional programming. She indicated the officers of the Coalition will assist City staff by reviewing the drafts of documents. If it is determined some of the recommendations cannot be implemented under State statute, the Coalition will then consider other alternatives. Responding to Mayor Cetraro, Ms. Haubenreiser stated she anticipates this Coalition will be ongoing, noting that members have been appointed to one to three-year terms. She noted the Coalition has representation from a broad range of interests; and it provides a good forum for discussing issues. Responding to Commissioner Krauss, Ms. Haubenreiser stated the Coalition has no funding, but could look for outside funding for specific issues. She then noted that her work at MSU and her service on this Coalition are strongly related, so she has resources readily available. Commissioner Youngman noted the Commission budgets $500 for board requests annually; and some of those monies could possibly be used for printing of informational brochures or other board needs. Mayor Cetraro stated he would prefer to have the Commission appoint task forces for a specific duration or a specific mission, with those bodies being sunsetted with the seating of a new Commission. He noted that, if the new Commission wishes to continue the task force, it could do so. City Attorney Luwe cautioned that if the Commission approves the bylaws with the proposed revisions, staff must bring back a new resolution revising the provisions for the Community Alcohol Coalition, since the bylaws would be in conflict with the current resolution. He suggested that the sunset provision be added to the resolution rather than incorporated into the bylaws. Commissioner Krauss expressed his willingness to discuss the sunset provision when the resolution is brought back, noting that he, too, likes the idea of creating task forces rather than more boards. Commissioner Youngman noted that the Coalition will be meeting on March 10 and suggested they be given an opportunity to provide input. She stated that she has no problem reviewing a board's usefulness, but she does not want to see a board's work stopped in mid-stream because of an automatic sunset provision. Commissioner Hietala stated his support for a sunset provision, noting that the Commission should look at the possibility of eliminating or combining some of its current boards. It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the Commission authorize and direct the Mayor to sign acceptance of the bylaws for the Bozeman Community Alcohol Coalition as revised. The motion carried by the following Aye and No vote: those voting Aye being 02-23-04 - --------------- ----.----------.--..-.. _.._..._....n..___._._._. . - 3 - Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, Commissioner Youngman and Mayor Cetraro; those voting No, none. In light of the Commission's action and a brief discussion, City Attorney Luwe stated staff will bring back a resolution to reflect the revisions in the bylaws, for consideration at the March 15 meeting. Reauest for $150.000 in short-term financina for Bridger Peaks Villaae - Tim German. Sparrow Development Included in the Commissioners' packets was a memo from Brian LaMeres, Chair of the Community Affordable Housing Advisory Board (CAHAB), dated February 18. Ms. Caren Roberty, Community Director for HRDC, forwarded the CAHAB's recommendation for approval of the requested $150,000 loan to Tim German, Sparrow Development, for twelve months at a 4- percent interest rate. She noted there is currently a $178,000 balance in the fund, earning interest at slightly under 1 percent; and the Board felt this loan would generate an additional $5,000 in the fund. She noted that the loan is to be secured by the two tracts he plans to sell to Accessible Space, Inc., for construction of a complex for very low income persons and disabled persons. Ms. Roberty reminded the Commission that Bridger Peaks Village is a 50-unit project for elderly persons on very low and low incomes. The applicant has received tax credits for the project; and it is currently under construction. Responding to Commissioner Krauss, Ms. Roberty indicated that a lien will be filed against the two lots used to secure this loan. Mr. Tim German, Sparrow Development, posted a copy of the site plan for the entire project. He noted that the 50-unit affordable housing project, called Bridger Peaks Village, is currently under construction; Bridger Court, a 42-unit project for very low income seniors, is scheduled to begin next spring, as well as the 18-unit building for those with disabilities. He noted that the requested loan is to be used to complete subdivision improvements. Transfer of the two lots to Accessible Space, Inc., is to occur before the end of the year; however, he is requesting a 12-month loan to cover any possible delays in that transfer. Commissioner Youngman voiced her support for the requested loan, noting that this housing project meets the community's high priority needs. Responding to Commissioner Krauss, City Attorney Luwe indicated that the agreement is a standard form; and if there are any changes to the standard document, his office will make them. He also noted that a promissory note will be filed. It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the Commission approve the request from Sparrow Development for $150,000 in short-term financing from the City's Affordable Housing Revolving Loan Fund and Community Housing Fund for the Bridger Peaks Village, for a period of twelve months at a 4-percent interest rate. 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 - Conditional Use Permit with Certificate of Appropriateness - allow construction of restaurant with on-premise consumption of alcoholic beveraaes on Tract A-2. COS No. 1827 - Locati Architects representing Arrowhead Development for Grace France (Outback Steakhouse. 2247 East Vallev Center Road) (Z-03298) This was the time and place set for the public hearing on the Conditional Use Permit with Certificate of Appropriateness, as requested by Locati Architects representing Arrowhead Development for Grace France under Application No 2-03298, to allow the construction of an Outback Steakhouse restaurant with on-premise consumption of alcoholic beverages at 2247 East Valley Center Road. 02-23-04 .------ .. -.--......---- -..-----.-- - 4- Included in the Commissioners' packets was a memo from Associate Planner Jami Morris requesting that this public hearing be continued to March 1 to give the Design Review Board an opportunity to further review the application. Mayor Cetraro opened the public hearing. It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the public hearing be continued to March 1 to give the Design Review Board an opportunity to further review the application and forward its recommendation. 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 - intent to annex 40 acres described as Tract B. COS No. 2389 - C&H Enaineerina for John Rosa (3833 Durston Road) (A-03008) This was the time and place for the public hearing on the intent to annex 40 acres located at 3833 Durston Road, as requested by John Rosa under Application No. A-03008, as established by Commission Resolution No. 3650, entitled: COMMISSION RESOLUTION NO. 3650 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Mayor Cetraro opened the public hearing. Associate Planner Jami Morris presented the staff report on behalf of Assistant Planner Dara MacDonald. She stated the subject property is located north of Durston Road, south of West Oak Street, east of Laurel Glen Subdivision and west of the Metcalf property. The Assistant Planner stated that staff has reviewed this application in light of the goals and policies set forth in Commission Resolution No. 3137, and staff's comprehensive findings are contained in the written staff report. As a result of that review, staff has forwarded a recommendation that the property be annexed, subject to the following issues being addressed prior to or in the annexation agreement: 1. The property owner shall provide usable water rights, or cash-in-lieu thereof, in an amount to be determined by the Director of Public Service, at the time of final plat, building permit or final site plan approval for any development, whichever occurs fi rs t. 2. The applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID's) for the following: a. Street improvements to Durston Road, Cottonwood Road, and Oak Street; including paving, curb and gutter, sidewalk, and storm drainage improvements. b. Signalization of the intersection of Durston Road and Cottonwood Road. c. Signalization of the intersection of Oak Street and Cottonwood Road. d. Trunk sewer main improvements and a regional lift station. e. City-wide park maintenance district. The document filed shall specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an 02-23-04 --.----.. --------.------ -..-- ~ ----- _._____.__.._____.. __. - ._.___ u______.._ -.---.- ... ....----..-. - 5 - alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. 3. The annexation agreement shall include notice that, prior to development, the applicant will be responsible for installing any facilities required to provide full municipal services to the property in accordance with the City of Bozeman's infrastructure master plans and all city policies that may be in effect at the time of development. 4. Prior to any development of the subject annexation, a stormwater drainage and grading plan shall be provided to and approved by the City Engineer. The plan must demonstrate that adequate treatment of runoff from the public streets and all future lots will be achieved by providing spot elevations, flow direction arrows, detention and/or retention basin details (including basin sizing calculations and basin typical sections), outlet structure details, and culvert capacity calculations. The plan must also locate and provide easements for adequate drainage ways within the annexation area to transport treated runoff to the stormwater receiving channel. 5. The applicant shall provide and file with the County Clerk and Recorder's office executed Public Street and Utility easements for the following: a. North half (additional 20 feet) of Durston Road. b. South half (60 feet) of West Oak Street. c. Continuation of the east-west streets from Laurel Glen Subdivision through this property. 6. A detailed Traffic Impact Analysis Report may be required prior to future development of the subject annexation. 7. The applicant is advised that substantial limitations for growth exist in the wastewater collection system for this property, which will need to be addressed in conjunction with development of the parcel. Prior to development of the subject annexation, the applicant's engineer will be required to prepare a comprehensive design report evaluating the existing capacity of both the water and sewer utilities. The report must include hydraulic evaluations of each utility for both existing and post development demands. The report findings must demonstrate that adequate capacity is available to serve full development of the annexation area. If adequate water and/or sewer capacity is not available for the full development, the report must identify the water and sewer system improvements required to provide the necessary capacity. Any improvements necessary to serve the full development must be in place prior to further development of the site. 8. Upon annexation and upon availability of service, any existing residences/ businesses on the property must be connected to City water and sewer utilities. The existing on-site treatment systems must be properly abandoned and certification provided the abandonment occurred. Any wells presently used for domestic purpose can be retained for irrigation only with no physical connection to domestic water piping. 9. The Annexation Agreement, which addresses all terms placed on the annexation application by the City Commission, shall be returned to the City of Bozeman Planning and Community Development Department within one year of a City Commission decision to annex the property, or annexation approval shall be null and void. 10. The applicant shall submit an annexation map with a legal description of the property, show the existing public utilities (water, sewer, roadways and storm 02-23-04 - -.----- ...---....-.---. .....-...--.-- - __.., - __.___._______u - 6 - drainage) improvements on the property; and show adjacent developments (subdivision name, block and lots). The map shall also show rights-of-way and public easements within and adjacent to the property with the Annexation Agreement. The map must be supplied on a mylar (18-inch by 24-inch) for City records, one (1) digital copy on a double-sided, high-density floppy disk or compact disk and on either letter or legal size paper for recording with the Annexation Agreement by the Gallatin County Clerk and Recorder. The maps must be acceptable to the Director of Public Service. 11. The Annexation Agreement shall include notice that, prior to development, the developer will give deliberation to implementing the City of Bozeman's affordable housing ordinance with preliminary subdivision plat review of said lands. 12. The Annexation Agreement shall include notice that, prior to submittal of a preliminary plat application for all or any portion of the property, the developer of said lands will create a Master Plan identifying the land use patterns and types and the trail, park and open space connectivity for the integrated development of the property within the organizational scheme of the adjoining neighborhood(s) and will implement through the design of the subdivision a variety of housing types to serve the varied needs of households of different size, age and character, subject to review and approval by the City of Bozeman. Commissioner Youngman noted that, with so many annexations and projects being proposed in this immediate area recently, the connectivity of parks, trails and roads needs to be better coordinated. Commissioner Krauss stated that is one of the issues identified by the Recreation and Parks Advisory Board, and agreed that connectivity of trails and open space is important. Mr. Cory Frehsee, C&H Engineering, representing the applicant, characterized this property as the missing link between the Laurel Glen Subdivision and the Metcalf/Balian property. He indicated that the applicant is working with Mr. Balian on the possibility of coordinating the development of an 80-acre parcel rather than two 40-acre parcels. He noted that the requested zoning for this property provides the best match to the zoning on the adjacent parcels, although the applicant is proposing a mix of uses that ranges from single-family to four-plex units. No one was present to speak in opposition to the requested annexation. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the Commission authorize and direct staff to bring back an annexation agreement, addressing Item Nos. 1 through 12 listed above, prior to or in conjunction with the agreement, for Commission consideration. 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 hearing - zone map amendment - establish initial municipal zonina desianations of "R-3" on the south 28.9 acres and "R-4" on the north 10.9 acres ofthe 40 acres described as Tract B. COS No. 2389 - C&H Enaineerina for John Rosa C3833 Durston Road) (Z-03288) This was the time and place set for the public hearing on the Zone Map Amendment requested by C&H Engineering for John Rosa under Application No. Z-03288 to establish initial municipal zoning designations of "R-3" , Residential-Medium-density, and "R-4" , Residential-High-density, on 40 acres described as Tract B, Certificate of Survey No. 2389. The subject property is located at 3833 Durston Road. Mayor Cetraro opened the public hearing. Associate Planner Jami Morris presented the staff report on behalf of Assistant Planner Dara MacDonald. She stated the applicant is requesting "R-3" zoning on the southern 28.9 acres and "R-4" zoning on the northern 1 0.9 acres of the parcel that was the subject of the previous agenda item. She 02-23-04 - 7 - reviewed the zoning designations on the adjacent properties, noting that the zoning on the Balian property is "R-O" on the north and "R-3" on the southern portion while the zoning in Laurel Glen includes "R-4", R-2" and "R-3". The Assistant Planner noted that staff has reviewed the requested zoning in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. Based on those findings, staff has forwarded a recommendation for approval, subject to the two standard conditions. Mr. Cory Frehsee, C&H Engineering, representing the applicant, indicated that the comments he made in the previous hearing apply to this agenda item as well. No one was present to speak in opposition to the proposed zoning designations. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the Zone Map Amendment requested by C&H Engineering for John Rosa under Application No. Z-03288 to establish initial municipal zoning designations of "R-3", Residential-Medium-density, and "R-4", Residential-High-density, on 40 acres described as Tract B, Certificate of Survey No. 2389, be initially approved and that staff be directed to bring back an ordinance enacting the amendments subject to the following conditions: 1. The Ordinance for the Zone Map Amendment shall not be adopted until the Resolution of Annexation is completed and adopted by the City Commission. If the annexation is not approved, the application shall be void. 2. The applicant shall provide a metes and bounds legal description and an 8ifz-inch by 11-inch or 8ifz-inch by 14-inch map of the area to be zoned, acceptable to the Director of Public Service, which will be utilized in the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map. 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. Informal review - North Forty Condominiums - allow construction of a 52-unit. 26-structure. residential condominium development on a :!:5.16-acre parcel at the southeast corner of the intersection of Durston Road and Cottonwood Road - Sprinaer Group Architects for Shea Homes. Inc. (1-04002) Included in the Commissioners' packets was a memo from Senior Planner Dave Skelton, dated February 17, forwarding the site plan for the North Forty Condominiums. Senior Planner Skelton indicated that the subject ::t:5.16-acre parcel is located along the south side of Durston Road and is an out parcel within the Valley West Subdivision. He noted that annexation and initial municipal zoning of "R-4" for this property have been preliminarily approved; however, those processes have not yet been completed. He stated the proposed development of this property includes 52 dwelling units, constructed in twenty-six structures; and 1.739 acres of open space would be required for that density. He stressed that a condominium project is not subject to subdivision; rather, it is processed solely as a zoning application. The Senior Planner noted that both Durston Road and Cottonwood Road, which abut this property, are in the community's arterial road system; and the City Engineer has recommended those roads be improved to City standard streets at a minimum. He stressed staff's desire to see a variety of housing types and density, and architectural features and amenities that reflect the character of development with the Valley West Subdivision. He concluded his presentation by encouraging the Commissioners to provide feedback on those issues. Responding to Commissioner Kirchhoff, Senior Planner Skelton confirmed that the current property owner acquired this parcel after the City had approved the master plan for development of the Valley West Subdivision. He then indicated that staff is encouraging the applicant to apply for a planned unit 02-23-04 - 8- development for this project, to include relaxations to the standards based on excellence as needed, to create a project that is complementary to Valley West Subdivision. Responding to Commissioner Krauss, Senior Planner Skelton stated he feels that the location of a bicycle trail along the north edge of the property can be accommodated through the PUD process. Mr. Lowell Springer, architect representing the applicant, expressed concern that this tiny parcel seems to be expected to bear an inordinate amount of the infrastructure costs for the entire area, particularly since it is surrounded by Durston Road and Cottonwood Road, which are arterials, and Maxwell Street and Eneboe Avenue, which are local streets within the Valley West Subdivision. He stated the owner is willing to dedicate the right-of-way for Durston Road to the City so those road improvements can be made, and suggested that the special improvement district be extended past the intersection with Cottonwood Road so this property can participate in that financing mechanism and so that the street improvements, including intersection geometrics and the transition between city and county road standards, are completed all at once rather than trying to splice those improvements at a later date. Mr. Springer turned his attention to Maxwell Street and Eneboe Avenue, noting that those streets will not significantly benefit the vast majority of this development. He noted the applicant is willing to participate with the developer of Valley West Subdivision in the construction of these streets at the time that subdivision needs them, which will allow for installation of the entire improvement as a single unit. If that is not acceptable to the City, another alternative might be to construct those streets from their intersections with the arterial streets to the point where the requirements for this small parcel are met, with Valley West Subdivision extending those streets when needed. Mr. Springer addressed the issue of constructing both a sidewalk and trail within 20 feet of each other, and suggested that shifting one of those facilities south approximately 380 feet, to the next road alignment, would be preferable. Responding to Commissioner Kirchhoff, Senior Planner Skelton stated that key intersections provide the most logical crossings for pedestrian/bicycle corridors. He then expressed staff's preference to see the trail corridor integrated into the yard setback rather than moving it to an interior road. To continue the corridor along Durston Road would also address connectivity issues and concerns. He then cited Alder Creek, a recent project, where a pathway was allowed rather than a boulevard sidewalk. Responding to Commissioner Kirchhoff, Planning Director Andy Epple stated the December 2003 bike route map developed by the Bozeman Area Bicycle Advisory Board shows a bike lane on Durston Road, which may allow for providing only a separate pedestrian facility through this property. Commissioner Youngman noted that Durston Road will probably be heavily used as both a major commuting route and a recreational facility. Responding to Lowell Springer, Commissioner Kirchhoff stated he feels it is important for the Commission to talk about the possibility of allowing the applicant to construct streets in conjunction with the developers of Valley West Subdivision. Commissioner Kirchhoff stated he feels it is important to develop this property with an urban appearance and environment that complements the Valley West Subdivision. To accomplish that, he suggested that excellent materials, detailed fenestrations, facade variations, a variety of designs, amenities, porches and nice lawns be included. He also expressed his desire to not have double-car garages facing into the Valley West Subdivision. He noted that how this development interacts with the rest of the public realm, including the streets, is important. Mr. Lowell Springer responded that, if this development is not carrying the additional burden of improving all of the streets adjacent to this parcel until the adjacent development is ready to install them, then it would be possible to change the orientation of the buildings and provide flexibility in a design that will given the opportunity to address the issues raised. He noted the result will be a whole new design from the one currently proposed. Senior Planner Skelton noted that one of the five requests in Mr. Springer's letter is that the basis of payment for paybacks and future SIDs be the net usable area of the lot. He cautioned that the payback 02-23-04 --... .-.-.-- -'" ---.--.-.---.....---- - '''.____.____ ...___ _.n.___._..._ ..__.u___ __.__n._.._._.____n _.n_... .n._._...... ....._._...... _..._..._.... ._._u. - 9- districts for water and sewer for this area are based on gross acreage; and staff suggests that that basis not be changed at this time. Commissioner Kirchhoff stated he has no problem with allowing the applicant to participate in an SID for street improvements to Durston Road and Cottonwood Road; however, he wants to ensure the timing of those improvements does not lag behind or hold up other projects. He stressed that if the Commission supports the requested delay in street improvements, the applicant owes a superior design. Senior Planner Skelton suggested this issue could be addressed through the planned unit development process. Acting City Manager Brey noted the purpose ofthe informal review process is for the Commissioners to identify deal breakers and what is not acceptable, as well as what might possibly be considered in a formal application. He stressed that the Commissioner comments do not reflect any type of approval; rather, they reflect general feelings. Commissioner Youngman echoed Commissioner Kirchhoff's comments regarding design, noting she has no inherent resistance to it. She noted that the Commission drew the line in the sand on development within Durston Meadows Subdivision and Laurel Glen Subdivision because it did not wish to incur another West Babcock Street situation; and those subdivisions involve significantly larger parcels. In this instance, the subdivision will mainly feed onto Cottonwood Road. She is willing to be flexible on bicycle and pedestrian facilities and the timing of street improvements as long as the delay does not affect Valley West Subdivision and infrastructure plans. She stressed that staff needs to make the technical decisions. Commissioner Krauss noted that many children will be traveling across this site to access the Bronken Fields and the potential school site. He stated that a bike lane is fine for those who wish to commute; however, he is concerned about the young children who may be trying to ride bicycles along the road. He then indicated his support for higher design standards, noting that he could support trade-offs to help make that higher standard more economically feasible. He concluded by recognizing this development should not be asked to bear more than its proportionate share of the costs of improving Durston Road and Cottonwood Road. Commissioner Youngman noted that children under 14 years of age may ride bicycles on the sidewalk. She suggested that this may help to address Commissioner Krauss's concerns for the safety of young children in this area. Mr. Springer stated that, based on Commissioner comments, it appears they would be willing to consider flexibility, based on demonstrated design, aesthetics and amenities. As a result, he feels it would be worth the applicant's time and effort to proceed with a redesign of the project, on the assumption that delayed improvements to streets may be allowed. Senior Planner Skelton stressed that, to accomplish what Mr. Springer has described, it is essential that the planned unit development process be utilized. Planning Director Epple expressed concern that allowing for delayed improvements to the streets will result in hidden costs to those purchasing the condominiums within this development and asked if and how that future cost will be communicated to those new owners. Commissioner Kirchhoff turned his attention to the five questions in Mr. Springer's letter. He noted that the request to reduce the basis of payback agreements is not possible and, based on Commission discussion, the trail corridor should remain along Durston Road. He stated, however, it appears the Commission would be willing to consider delayed improvements to adjacent roads and to allow driveways over utility easements. Commissioner Youngman suggested that a mixing of densities, especially near the intersection of Durston Road and Cottonwood Road, may help to make this project more economically feasible. Mr. Lowell Springer concluded with a side note, indicating that the Bozeman 2020 Community Plan suggests that offices on the main level with residences above is desirable; however the new International Building Code does not provide a reasonable manner for doing so. 02-23-04 - 10 - The Commissioners thanked Mr. Springer for the opportunity to conduct this informal review. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1 ) Copy of a memo from representatives of Bozeman High School, dated February 18,2004, requesting that a four-way stop be installed at the intersection of North 15th Avenue and Thibeault Lanel West Beall Street. (2) Letter from Philip Saccoccia, Jr., dated February 18, reiterating his request for formal recognition of affordable housing credits toward future development of his property and forwarding his previous requests. Commissioner Kirchhoff noted that Mr. Saccoccia indicates he waived $200,000 in the purchase price for Bridger Peaks Village. He asked if there is any connection of this philanthropic act to the operations of the City or any type of communication or agreement between him and City staff. Planning Director Andy Epple noted that Mr. Saccoccia references evidence provided at the Community Affordable Housing Advisory Board meeting, but he is not aware of any communications with City staff. He then noted there is no credit program associated with future mitigation requirements, although he suggested it may be possible to make some connection to the 10-percent affordable housing lot size requirement for residentially zoned property. City Attorney Luwe concurred, noting that Mr. Saccoccia is seeking credit to a program that doesn't exist, before any public input has been received on such a potential program. He then stressed that this issue is totally separate from the lawsuit that is currently pending. (3) Memo from Michelle Dipzinski announcing a special meeting of the Cemetery Board scheduled for 1 :30 p.m. on Monday, February 23. (4) Notice that there will be no County Commission meeting on Tuesday, March 16. (5) Agenda for the School Board of Trustees meeting to be held at 7:00 p.m. on Monday, February 23, at the Willson School. (6) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, February 24, at the Courthouse. (7) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, February 24, at the Professional Building. (8) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, February 24, at the Professional Building. (9) Acting City Manager Ron Brey announced that he attended a meeting in Helena on Friday to determine the feasibility of pursuing acquisition of the bankrupt NorthWestern Energy. He noted a consultant is to be retained for analysis of the feasibility; and the next step is to identify a governance structure for the entity to make a proposal. He noted that he will be in Helena again on Wednesday afternoon to continue discussions. (10) Planning Director Andy Epple noted his research of the code has revealed that a large scale retail store over 75,000 square feet could be approved through the planned unit development process. At last week's meeting, he had suggested that might not be possible; however, the previous prohibition was removed with the adoption of the new code. (11) Director of Public Service Debbie Arkell submitted the following. (1) Indicated that Engineering Assistant Andy Kerr has been working on the request for installation of a four-way stop at the intersection of North 15th AvenuelWest Beall StreetlThibeault Lane. She cautioned that a four-way stop is probably not warranted since traffic volumes are not equal on all four legs; however, one alternative might 02-23-04 --.. - ...---.-.--..- ----.-." ....--.---- - 11 - be a right out only from Thibeault Lane. (2) Noted she received word from the Montana Department of Transportation today that a pedestrian-activated signal is to be installed on West Main Street at the high school before the end of the school year. Since recycled signal equipment is being used, the cost will be roughly $1,500. (3) Reported that she attended the Montana Transportation Commission meeting in Helena last week because of Kalispell's request to borrow its portion of monies for the next twelve years to complete some road projects. She noted that this would have resulted in expending over one-half of the available monies and could have affected the funding that staff has been anticipating for the South 19th Avenue improvements. She was not given any opportunity to speak during the meeting, but the Department touted the work being done in Bozeman and continued discussion on the request to the next meeting. (12) Commissioner Youngman noted she has received a letter from the Montana Board of Housing requesting letters of support for specific projects; and the Board will be meeting next week to decide on financing. All of the Commissioners noted that they had received the same letter; Commissioner Krauss stated he already responded. Commissioner Youngman offered to draft a letter of support for the Mayor's signature. Commissioner Kirchhoff suggested the letter be prepared for all Commissioners to sign and that it be ready by mid-week so Commissioners can stop in to sign it. (13) Acting City Manager Ron Brey noted that budget presentations are scheduled to begin at 6:00 p.m. next Monday. He asked the Commissioners to be prepared to give their reactions after that session. (14) Commissioner Kirchhoff suggested that someone else from the City accompany Director of Public Service Arkell to the next Montana Transportation Commission meeting, since it seems that City representation can make a difference in the outcome. Acting City Manager Brey noted the City has taken the position it will not do anything to interfere with Kalispell unless the outcome is at Bozeman's expense. He stated that Bozeman's efforts to get contributions from developers and the passage of the bond issue to assist in street improvements are recognized by the Department of Transportation. (15) Commissioner Kirchhoff announced that he will not be present at next week's meeting. (16) Commissioner Kirchhoff noted that he has received a letter from property owners in Gardner- Simmental Plaza expressing concerns about the proposed special improvement district for North 19th Avenue and Valley Center Road. The Commissioners indicated they had all received copies; Acting City Manager Ron Brey noted that staff has not yet seen the letter. (17) Commissioner Kirchhoff asked about a post field trip discussion of the Alfred M. Stiff Professional Building; Acting City Manager Brey noted that is scheduled on next week's agenda. Commissioner Kirchhoff indicated that, on the face of it, he is in favor of the proposed remodel, noting that City employees deserve a good working environment, not one in which they breathe fiberfill or try to work in 600 temperatures, assuming the costs are not significantly greater than estimates. Commissioner Hietala noted the building was a good investment when the City purchased it and is better now. (18) Responding to Mayor Cetraro, City Attorney Luwe indicated he will send out an e-mail to Commissioners later this week giving an update on the status of right-of-way acquisitions for the West Babcock Street project as well as both segments of the Durston Road project, east and west of North 19th Avenue. He noted that resolutions of eminent domain for four parcels along West Babcock Street will be placed on the March 15 agenda for Commission consideration. 02-23-04 - --. .".-------------- - 12 - Adiournment - 9:02 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Krauss, seconded by Commissioner Kirchhoff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Kirchhoff, Commissioner Hietala, Commissioner Youngman d Mayor Cetraro; those voting No, none. L. CETRARO, Mayor ATTEST: ~J~ R IN L. SULLIVAN Clerk of the Commission 02-23-04 --------- 0_______ - -..------.---