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HomeMy WebLinkAbout1998-08-17 Minutes, City Commission -------. MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA August 17, 1998 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, August 17, 1998, at 3:00 p.m. Present were Mayor Stiff, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, City Manager Johnson, City Attorney Luwe and Clerk of the Commission Sullivan. Commissioner Youngman was absent. The meeting was opened with the Pledge of Allegiance and a moment of silence. Mayor Stiff asked that, during the moment of silence, those in attendance remember Chris Boyd, the man who contributed a tremendous amount to Bozeman through promoting open space and the trail system. None of the Commissioners requested that any of the Consent Items be removed for discussion. . Minutes - April 6. June 1. June 8. June 15 and June 29. August 3 and August 10. 1998 It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the minutes of the meetings of August 3 and August 10, 1998, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Stiff; those voting No, none. Mayor Stiff deferred action on the minutes of the meetings to April 6, June 1, June 8, June 15 and June 29, 1998, to a later date. Authorize absence of Commissioner Youngman from this meetina in compliance with Section 7-3-4322(2), M.C.A. . It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission authorize the absence of Commissioner Youngman from this meeting in compliance with Section 7-3-4322(2), M.C.A. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Smiley and Mayor Stiff; those voting No, none. 08-17~98 - 2 ~ Conditional Use Permit - Herman Chan for Donald DeCosse - to allow existina restaurant on the north 142.9 feet of Block 7. Durston Subdivision. to sell beer and wine under a "cabaret license" (The Wok. 319 North 7th Avenue) (Z-98118) This was the time and place set for review of the Conditional Use Permit requested by Herman Chan for Donald Decosse, under Application No. Z-98118, to allow the selling of beer . and wine under a "cabaret license" in an existing restaurant located on the north 142.9 feet of Block 7, Durston Subdivision. The subject parcel is more commonly located at 319 North 7th Avenue. Associate Planner Olsen presented the staff report. She stated that the site was originally developed for restaurant use and has been used as such ever since. The property is located in the "B-2", Community Business, district; and the sale of alcoholic beverages is allowed as a conditional use in this zone. The Associate Planner stated that staff has reviewed this application in light of the six criteria established for consideration of conditional use permits, and the staff's comprehensive findings are contained in the written staff report which was included in the Commissioners' packets. . The Association Planner noted that the City-County Planning Board conducted its public hearing on this application at its August 4 meeting and, following the public hearing, consideration of the six criteria and review of the staff findings, the Board concurred in staff's recommendation for approval, subject to ten conditions. She briefly highlighted the first three conditions, noting that the remainder are boilerplate conditions. Responding to Mayor Stiff, the Associate Planner stated the applicant is not present but has agreed to the conditions as recommended. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Commission approve the Conditional Use Permit requested by Herman Chan for Donald Decosse, under Application No. Z-98118, to allow the selling of beer and wine under a "cabaret license" in an existing restaurant located on the north 142.9 feet of Block 7, Durston . Subdivision, subject to the following conditions: 1. All disabled accessible parking spaces shall be signed as such in a manner that complies with A.D.A. and the zone code. The final site plan shall include a disabled accessible parking space that is van accessible. The disabled ac cessible space shall be signed appropriately based on the standards outlined in Section 18.50.120.F.3.c. and shall be located as close as practical to the primary entrance for the business. Van accessible spaces shall be 08-17-98 uu___._ - 3 - eighteen (18) feet long and sixteen (16) feet wide (8 feet for the parking area and 8 feet for the aisle). 2. The final site plan shall show the location for, and include a detail of, a garbage enclosure for the garbage dumpster(s). The garbage enclosure shall comply with the requirements of Section 18.50.035.0. 3. The final site plan shall show the location for, and include a detail of, . a bike rack to provide adequate bike parking facilities for bicycle-riding employees and/or customers. 4. Any new signage proposed for the site shall comply with the Bozeman Area Sign Code. 5. The applicant shall obtain a City of Bozeman Liquor License, and provide the Planning Office with a copy of the license, prior to the sale of alcoholic beverages at the restaurant. 6. A copy of the State Revenue Department Liquor License to serve alcoholic beverages at The Wok Chinese Restaurant shall be submitted to the Planning Office prior to the sale of alcoholic beverages at the restaurant. 7. The right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure. 8. All of the special conditions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his successors . or assigns, and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval, or commencement of the use. 9. All of the conditions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or assigns. 10. All of the special conditions attached to this Conditional Use Permit shall be consented to in writing by the applicant prior to commencement of the use. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none. Reauest for Dermission to address Commission re imDrovements at Bogert Pavilion for ice hockey - Jeff Ball. Bozeman Amateur Hockev Association Included in the Commissioners' packets was a letter from the Bozeman Amateur . Hockey Association, requesting permission to address the Commission regarding proposed improvements at the Bogert Pavilion. Mr. Jim Cannata, 608 West Babcock Street, showed the Commission a diagram of the project as proposed by the Bozeman Amateur Hockey Association (BAHA). He asked the 08-17-98 ~ 4 - Commission to continue the relationship that has been developed with the BAHA regarding winter use at Bogert Pavilion. He stated that this proposal will improve ice skating opportunities for citizens as well as the hockey players. He noted that the Association has undertaken improvements at the park in past years and, in 1984, constructed dasher boards . which they continue to use and maintain each year. He also noted that they have purchased and use an ice surfacer, which improves the surface for everyone who uses the facility. Mr. Cannata stated that under this proposal, the Bozeman Amateur Hockey Association will remove the existing asphalt floor and replace it with a concrete floor with tubes running through it for refrigeration. They also propose to remove the existing structures and replace them with a freestanding building; install a refrigeration system to provide a reliable surface; install safety features, including containment glass panels above the dasher boards; and abatement for the noise from the generator and compressor. Mr. Cannata stated that not only the hockey players, but the average ice skater will benefit from the proposed improvements. He stated that, with the increased exposure to ice hockey which the Ice Dogs have created, the amateur hockey program has grown from 130 . to 190 youth. He noted that the program is anticipated to continue growing, and they wish to attract more tournaments to Bozeman, using both the Bogert Pavilion and Valley Ice Garden. Mr. Cannata stated that with the proposed refrigeration, the ice surface will be more reliable and games and tournaments can be scheduled ahead of time. He also noted that the refrigeration will provide for a longer skating season as well as longer hours for skating on a daily basis; and that will result in more predictable and more open hours of skating. He stressed that the generator for this facility will be small, and compared its noise to that of two idling cars. Mr. Cannata stated the Bozeman Amateur Hockey Association is proposing to pay all of the costs associated with these improvements, at an estimated cost of $150,000. He indicated that they are prepared to begin fundraising activities as soon as approval is granted. . He recognized that these improvements will result in increased utility costs, and indicated that BAHA proposes to pay those costs through self-imposed fees on all youth and adult participants in the hockey program. Mr. Cannata concluded by noting that with the replacement of the pavilion roof, it is anticipated the facility has a life of at least fifteen years, and these proposed improvements will 08-17~98 .~.- - 5 - help to ensure that better ice is available. He encouraged the Commission to approve this project, which will enhance opportunities for the youth in the community. Mr. Mike Dikun stated his son has been member of the Bozeman Amateur Hockey Association since its inception in 1990. He characterized ice hockey as a wonderful sport, . noting that it is a game where everyone plays, and it encourages team work and fair play. He noted that a zero tolerance for violence is firmly enforced. He noted that this program benefits the entire community, particularly when tournaments are attracted to the area. Mr. Jeff Ball, youth director of the BAHA, stated his support for the modest improvements which have been proposed. He noted that alternative locations, like Rose Park, have been suggested. He stated, however, that the base economy must be considered as well as the availability of facilities at the present time. He noted that the improvements being proposed will benefit not only the hockey program, but others who use the Bogert Pavilion, including the Farmers' Market, skateboarders and basketball players. He concluded by encouraging the Commission to approve this request. Commissioner Smiley stated that several neighbors have called expressing concern . about the noise which will be created by the generator. She then noted that the ice skating rink is currently being used from 6:00 a.m. to 2:00 a.m. Mr. Jeff Ball responded that BAHA has been assured the noise from the generator is manageable. He then stated that if the hours of use are an issue, that is a management issue that must be addressed by City staff. He indicated an interest in seeing hours of operation established and enforced, particularly since a new surface can be ruined if skaters use it too soon. Mr. Cannata noted that the existing 44-inch-high dasher boards can be easily scaled to access the skating rink. He stated that if the new 8-foot-high containment glass panels are installed, however, people will have a much more difficult time accessing the facility when it is closed. . Mr. Mike Dikun stated the architect has recommended that the generator be located in a room with a separate inner wall that creates a dead space to help deaden the noise. Responding to Commissioner Frost, Mr. Cannata stated that, historically, the City and the Bozeman Amateur Hockey Association have split the utility costs for winter use at Bogert Park on a 60/40 basis; and the Association has paid those costs when billed on an annual 08-17-98 - 6 - basis. He recognized that the costs will be significantly increased with the installation of a generator, and that the split might need to be adjusted. He also noted that the City staff has requested the BAHA contribute toward the utility costs on a monthly basis, and they are willing to do so. He then stated BAHA maintains the facility in the winter and the City maintains it . in the summer under current arrangements, and they have worked well together to date. He noted that, historically, youth hockey has used the rink from 4:30 p.m. to 7:00 p.m. and adult hockey has used it from 7:00 p.m. to 10:30 p.m. five days a week. Free skating is allowed before 4:30 p.m. and after 10:30 p.m. on weekdays. He then noted that weekends are primarily set aside for hockey tournaments, with free skating times available late Sunday afternoon and evening. Mr. Jeff Ball recognized that the Bogert ice skating rink attracts the hockey players in the community, even during open skating times. He then suggested that "no stick and puck" times be established and enforced so those who wish to simply skate have an opportunity to do so. Ms. Kristie Wetsch, Farmers Market director, stated that Farmers Market supports any . proposal for improvements to the Bogert Pavilion, noting that their organization previously contributed $10,000 toward repair of the roof. Mr. Bill Clinton, 216 Lindley Place, stated he lives approximately 120 feet from the ice skating rink, and the sounds from the pavilion are amplified at his home. He noted that slap shots are loud, and picnic tables scraping across the asphalt awaken him. He stated that he taught his daughter to skate at the ice skating rink, when there was a more equitable use of the rink. He stated that he has been run off the ice many times by people with hockey sticks Mr. Clinton stated that he is concerned about the noise which the generator will create. He noted, also, that hockey games are very loud, and he is concerned about the proposed increased usage of the facility and extending the hours and the season, which is already five months long. He recognized that the BAHA is a good program, but he questions whether it is . resulting in overuse of the facility. He concluded by stating he feels a more equitable use of the pavilion and the park is needed. Mr. Clinton then submitted to the Commission a petition signed by 27 of the residents in the immediate area in opposition to the proposal. 08-17~98 - 7 - Ms. Kristie Wetsch, Farmers Market director, stated she is concerned that the proposed boards might remain up when the Farmers Market begins its spring activities, and that could create problems for those vendors who work out of the backs of their trucks. She also cautioned that vehicles are driven inside the pavilion on occasion, and expressed concern that . the proposed new surface could be stained because of spills during other activities throughout the year. Mr. Bill Stoddart, 225 Lindley Place, stated this area of the community has been developed for quite some time, and there is not much room for any growth. He expressed concern about the impacts that additional uses will have on the area, particularly when those uses make this park a destination park rather than a neighborhood park. He then indicated that he played youth hockey at a refrigerated hockey rink, and compared the sound of the generator to a couple diesel trucks rather than a couple of cars. He suggested that, since the community is growing to the west, it may be more appropriate to provide this type of facility in that location instead of further impacting this area. Mr. Pete Deichmann. 226 Lindley Place, expressed concern about allowing a private . group to essentially control a facility in a public park. He noted that, at the present time, the neighborhood enjoys a couple days of quiet when chinook winds prevent skating, and those opportunities will be eliminated with a refrigerated floor. He noted that the facility is no longer enjoyable for those who simply wish to ice skate because people with hockey sticks and pucks generally take over the rink even during open hours. He also expressed concern about the proposal to charge fees to help fund this project, particularly if those fees are extended to include recreational skaters. Ms. Daria Joyner, past member of the Recreation and Parks Advisory Board, stated that when she served, the Board spent a lot of time working on a master plan for all parks, taking into consideration neighborhoods, historical use and future needs. She then asked if that plan has been reviewed and considered. . Mr. Dave Crawford, 218 Lindley Place, stated he has lived in this neighborhood for only a year, and he has found the noise never stops. He expressed concern about the amount of traffic that is generated by the park and the increased traffic that could result from the proposed ice skating rink improvements. He then questioned whether the concerns which have been raised by the neighborhood can be adequately mitigated. He also asked what type of 08-17-98 ----.------ --- _._~._.".__.- -.---.--. -.--.--...-----------..-. - 8 - refrigerant will be used and what will happen, particularly to the residential neighborhood, in case of a mechanical failure. He also noted that one semi-trailer has been used in the past during the hockey season, and discussions have suggested that two trailers will be used in the future. He then questioned if the new building is to be large enough the store the hockey . equipment. Responding to questions from Commissioner Rudberg, Mr. Cannata stated that the boards are removed as soon as the ice melts, loaded into the semi-trailer and removed from the site for summer storage. He noted that the existing boards fill one trailer and if the containment glass panels are added, an additional trailer will be needed for storage. He then noted that the panels should help to direct the noise upward, thus reducing the noise to the neighborhood. Commissioner Rudberg stressed that, whether the new ice is approved or not will not change the manner in which this facility is being used. She then noted that, while the plexiglass might direct some of the noise upward, she recognizes that hockey is a noisy sport and that the noise will still carry into the neighborhood. . Further responding to questions from Commissioner Rudberg, Mr. Cannata stated that the boards and the compressor could be relocated to an ice skating facility at Rose Park at some time in the future. He noted that the proposed improvements to the Bogert Pavilion would still be used by the BAHA for probably three or four years, and they would continue to be used by others after the hockey rink is relocated. He then indicated that the BAHA is scheduled to give a progress report to the Recreation and Parks Advisory Board at its September 6 meeting and, if the project is not allowed to move forward at this time, it will probably not be accomplished this year. Mr. Cannata stated that the refrigeration equipment is to be housed in a full containment room and will use ammonia for cooling. He noted that the equipment will be monitored by an automatic dial up system and sniffers both inside and outside of the room. . Responding to Commissioner Smiley, Mr. Ball stated that with the wetlands and high water table in Rose Park, he is concerned about how an ice skating facility might impact the site because of the tendency to drive frost further down in the ground. Responding to questions from the Commission, Assistant Planning Director Debbie Arkell stated that under the zone code, development on City-owned properties is subject to the 08-17-98 -...- .~. .. -..--. - 9 - standard review process. She noted that in this instance, since the property is located in an overlay district, the site plan would be subject to review by the Development Review Committee and the Design Review Board, with the Commission making the final decision. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the . Commission authorize and direct staff to proceed with the development review process for this proposal, as submitted by the Bozeman Amateur Hockey Association. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Stiff; those voting No, none. Ordinance No. 1476 - Salary ordinance for heads of deoartments for Fiscal Year 1998-1999 Previously distributed in the Commissioners packets was a copy of Ordinance No. 1476, as approved by the City Attorney, entitled: ORDINANCE NO. 1476 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, FIXING THE MONTHL Y SALARY OF THE HEADS OF DEPARTMENTS OF THE CITY OF BOZEMAN AS REQUIRED BY LAW. . It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that Ordinance No. 1476, setting the salaries of the heads of departments for Fiscal Year 1998- 1999, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Smiley and Mayor Stiff; those voting No, none. Ordinance No. 1477 - Revisina various sections of the Subdivision Reaulations to orovide for revisions to correct housekeeoina errors; orovide for extension of the review Deriod for oreliminarv olats; orovide a revised formula for determinina parkland reauirements; and add Chaoter 16.39 to add the Gallatin County Road Imoact Fee reaulation Available for Commissioner review was a copy of Ordinance No. 1477, as approved by the City Attorney, entitled: . ORDINANCE NO. 1477 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, PROVIDING THAT THE BOZEMAN MU NICIPAL CODE BE AMENDED BY REVISING SECTIONS 16.04.440, 16.08.040, 16.08.050, 16.10.030, 16.10.050, 16.10.070, 16.12.020, 16.12.040, 16.14.030, 16.14.070, 16.14.090, 16.14.100, 16.14.120, 16.14.130, 16.16.010, 16.16.070, 16.18.030, 16.18.050, 16.20.020, 16.20.030, 16.20.040, 16.22.020, 16.22.040, 16.26.020, 16.26.030, 16.26.040, 16.30.010, 16.30.060, 16.30.070 AND CHAPTER 16.38, RENUMBERING SECTION 08-17-98 --_.~. - - - 1 0 ~ 16.20.050 TO 16.20.030 AND ADDING SECTION 16.04.335 AND CHAPTER 16.39, AS CONTAINED IN ORDINANCE NO. 1450, WHICH ORDINANCE IS NOT CURRENTLY CODIFIED; PROVIDING FOR REVISIONS TO CORRECT HOUSEKEEPING ERRORS IN ORDINANCE NO. 1450; PROVIDING FOR EXTENSION OF THE REVIEW PERIOD FOR PRELIMINARY PLATS; PROVIDING A REVISED FORMULA FOR DETERMINING PARKLAND REQUIREMENTS; AND ADDING THE GALLATIN COUNTY ROAD IMPACT FEE REGULATION TO THIS CHAPTER. . It was moved by Commissioner Frost, seconded by Commissioner Smiley, that Ordinance No. 1477, revising various sections of the Subdivision Regulations, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none. Staff reDort - annexation of 159.7 acres known as Lots 1, 2 and 3, Minor Subdivision No. 201, located in the S%, Section 4, T2S, R5E, MPM (north side of Durston Road aDDroximatelY one- half mile west of Flanders Mill Road) - Alan and Rhonda Rose Diecksler and Pedro and Olga M. Adrian for Sidney and Ethel Dykstra (A-9707) Included in the Commissioners' packets was a copy of the staff report on the Montana Meadows Annexation, which involves annexation of 159.7 acres known as Lots 1, 2 and 3, . Minor Subdivision No. 201, located in the South one-half of Section 4, Township 2 South, Range 5 East, Montana Principal Meridian, as requested by Alan and Rhonda Rose Diecksler and Pedro and Olga M. Adrian for Sidney and Ethel Dykstra under Application No. A-9707. The subject property is more commonly located along the north side of Durston Road approximately one-half mile west of Flanders Mill Road. Mayor Stiff recognized that acknowledgement of the staff report and the resolution of intent to annex are typically placed on the consent agenda. He stated, however, that because of concerns about this proposed annexation, he felt it was more appropriate to consider this as a line item. He then noted that the only thing to change since the application was submitted a year ago is the annexation of the Valley West Annexation, including the dog leg which lies immediately to the south of this subject parcel. He stressed that this parcel still lies outside . the City's service area and is a couple miles from the closest annexed property to the east on the north side of Durston Road. Assistant Planning Director Debbie Arkell gave an overview of the written staff report, which was included in the Commissioners' packets. She noted that staff neither supports or 08-17-98 - 11 - opposes this annexation request, although the Fire Marshal and the Assistant Chief of Police have identified some fairly serious concerns pertaining to response times. The Assistant Planning Director stated that the subject parcel is located outside of the existing sewer service boundary and urban growth boundary. She noted that the sewer service . boundary in the new facilities plan is located along the eastern boundary of this property. She stated that the applicants have requested annexation so this property can be developed on City services and noted the groundwater in this area is high. The Assistant Planning Director stated that staff has reviewed this application in light of the four goals and eleven policies, and the staff's comprehensive findings are contained in the written staff report. She noted that the requested annexation meets Goal No.1; Goal Nos. 2 and 3 are not applicable; and the request does not meet Goal No.4. She noted that, with conditions, the annexation would meet Policy Nos. 1, 2b, 3, 5, 9, 9, 10 and 11 and would partially comply with Policy No.6. She noted that the infrastructure studies for the Valley West Annexation did not include this subject property, so staff is unable to determine if adequate sewer capacity would be able to service this property. . Assistant Planning Director Arkell noted staff is recommending that, if the Commission chooses to move forward with this requested annexation, the annexation agreement address the following twelve conditions: 1. The Annexation Agreement, which addresses all conditions placed on the application by the City Commission, shall be returned to the City of Bozeman within one year of the City Commission's vote to annex the property, or the annexation approval will be void. An annexation map with a legal description of the property shall be submitted by the applicant for use with the Annexation Agreement. The map must be supplied on a mylar for City records (18 inches by 24 inches), and on 8 Y2 -inch by II-inch or 8 % -inch by 14-inch paper for filing with the Annexation Agreement with the County Clerk and Recorder. This map must be acceptable to the Director of Public Service, and shall be submitted with the signed Annexation Agreement. 2. The property owners 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 the property is developed through further subdivision or site plan review. 3. Fire and Street Impact Fees for the existing dwelling unit on the subject property shall be paid prior to the City's acceptance of the Annexation Agreement. The existing residential structures shall connect to municipal sewer and water services as soon as they are available to the property. At that time, the existing septic tank shall be pumped and filled and properly abandoned. The applicant shall 08-17-98 ..___._n_ ___.n _.. ___ - 12 - provide the City with a certification from a Professional Engineer, licensed in the State of Montana, that the septic tank was properly abandoned. Sewer and Water Impact fees shall be paid at the time the existing dwelling unit is connected to municipal services. 4. The Annexation Agreement shall include notice that prior to submittal of any subdivision preapplication for the subject property, the City's Water Facility Master Plan must be updated to include the subject . property, and be adopted by the City Commission. The scope of the update must encompass enough of the area adjacent to the proposed annexation that the most efficient future arrangement of trunk water mains can be established. A looped system of water mains based on the above referenced Water Facility Master Plan update shall be completed prior to any development in the subject annexation. Any proposed phasing of improvements shall be subject to review and approval by the City Engineer. Detailed utilities design reports assessing the City's ability to provide water service will also be required at the time of subsequent development. 5. The Annexation Agreement shall include notice that the City's Wastewater Facility Master Plan must be updated to include the subject property, and adopted by the City Commission, prior to submittal of any subdivision pre-application for the subject annexation. The scope of the update shall encompass enough of the area adjacent to the proposed annexation that the boundaries of the entire drainage area adjacent to the proposed annexation that the boundaries of the entire zone and location of future drainage zone trunk main{s} can be determined. The required update should specifically address any . proposed temporary use of sewer capacity in adjacent drainage zones as well as the need and future utility of a lift station. The wastewater demands at full development of the property as shown in the application for annexation represent a significant impact on the present system. Detailed utilities design reports assessing the City's ability to provide wastewater service will be required at the time{s) of future development. 6. The Annexation Agreement shall include executed Waivers of Right to Protest the Creation of Special Improvement Districts, which shall specify that in the event SID's are not utilized for the completion of these projects, the property owner shall agree to participate in an alternate financing method for completion of said improvements on a fair share, proportionate basis as determined by square footage of the property, linear front footage of the property, taxable valuation of the property, or a combination thereof. The Waiver shall include the following: a. A City-wide Parks Maintenance District, which would provide a mechanism for the fair and equitable . assessment of maintenance costs for City parks. b. Improvements including paving, curb & gutter, sidewalk and storm drainage facilities for: Oak Street, Durston Road, a future north-south collector centered in Section 4/ and Annie Street. 7. The following easements for the extension of arterial and collector streets shall be provided to the City of Bozeman by written easement at the time of annexation. The written easements must be acceptable 08-17-98 ..---.---.- ---.. --.-- ... ..-. -- - 13 - to the Director of Public Service, shall include appropriate mapping requirements, shall be signed by all appropriate landowners and shall be submitted with the Annexation Agreement. Where the roadways described are contiguous with the boundary of the annexation area, the easement provided shall be for the developer's proportionate share of the right-of-way. a. 120 feet centered on the section line for Oak Street . b. 90 feet centered on the section line for Durston Road c. 65 feet for a future north-south collector centered in Section 4 d. 65 feet for Annie Street 8. The Annexation Agreement shall stipulate that a Detailed Traffic Analysis Report(s) will be required at the time of future development of all or any portion of the annexed property. 9. The Annexation Agreement shall contain the following section: landowners understand and agree that municipal services are not currently available to the area proposed for annexation, and that there is no right, either granted or implied by the City, for the landowners to develop any of the Montana Meadows Annexation Tract until it is verified by the City that necessary municipal services, including but not limited to police and fire protection are available to all or a portion of the Montana Meadows Annexation Tract. landowners further understand and agree that main sewer lines are best loaded from the down gradient end up, rather than with light . usage generated at the higher end of the line, and that in order to ensure adequate circulation and freshness, water mains are best utilized with a significant user at the end of the line. Therefore, the phasing and timing of any and all infrastructure improvements and other development to occur in the Montana Meadows Annexation Tract shall be subject to review and approval by the City to ensure optimal utilization of infrastructure resources to ensure adequate provision of services that will not create long or short term maintenance problems for the City. landowners understand and agree that they may be required to install and use labor saving equipment and/or devices, e.g. automatic read water meters, in all new development to occur in the tract. Prior to final plat approval for any subdivision within the Montana Meadows Tract, street improvements to Durston Road shall be completed unless an SID/RID has been created and the contract awarded for improvements to Durston Road. 10. The Annexation Agreement shall stipulate that presently the Montana Meadows Annexation Tract is beyond the City's desired four to six minute travel time for fire responses. Until such a time as the . Bozeman Fire Department is able to increase personnel and either relocate and/or build another fire station to adequately serve this area, all structures shall be protected by approved automatic sprinkler systems. The mandatory installation of fire sprinkler systems will help to reduce the risk to life and property from fire. 11 . The Annexation Agreement shall stipulate that the landowners agree that prior to submittal of a preliminary plat application for any portion of the subject property, the landowners shall develop an "Affordable Housing Plan", subject to review and approval by the City of 08-17-98 - 14 - Bozeman, guaranteeing that at least 15% of the total number of housing units to be developed shall be managed and maintained as affordable in accordance with guidelines established by the City of Bozeman. Said housing units may be rental units or owner-occupied units; however, at least two percent (2%) of the total number of lots created for single-family detached residential housing construction shall be donated to the Human Resource Development Council (HRDC) land trust for construction of affordable single-family detached . housing units, with proper assurances for perpetual affordability. Said donated lots for single-family detached residential construction shall be of at least average size of those lots otherwise found in the subdivision development and shall, to the maximum extent possible, be dispersed throughout the subdivision development. 12. The Annexation Agreement shall stipulate that a flood hazard evaluation prepared in accordance with Chapter 16.20 of the Bozeman Area Subdivision Regulations shall be provided with any future preliminary plat submittal. Mr. Jack Schunke, Morrison-Maierle, consulting engineer, stated that staff has done a good job of identifying the issues to be addressed. He stressed that the issue before the Commission at this time is annexation and not subdivision or development of the site. He then indicated that the applicant is willing to address the concerns and issues which have been identified in the staff report. Mr. Schunke suggested there are a number of benefits to annexing this subject parcel. . He noted that the Valley West Annexation has added Bronken Park to this section of the community, and a significant amount of open space along the Baxter Creek corridor is being provided. He noted that the applicants are considering the possibility of providing parkland immediately across Durston Road from Bronken Park, with the park area to be developed in a manner which complements that park. Mr. Schunke indicated that the Valley West Annexation has completed approximately 90 percent of the water improvements and most of the sewer improvements and is currently working on the road improvements in this area. He suggested that with the completion of the infrastructure in this area, which is anticipated by October 15, more opportunities for development will be available. He then recognized that the sewer trunk design report for Valley . West did not include the subject parcel; however, he suggested adequate capacity should be available to serve it. Mr. Schunke stated the property owners have been involved in the real estate business for over twenty years, and they recognize the process entailed in development. He noted that 08-17-98 ----------.-----.. ----------- ---- __m_____.__ - 15 - they are also committed to working with staff, the Commission and the community to create a development targeted at first-time homebuyers. Mr. Schunke forwarded his position that this property is appropriate for annexation, noting it can be better developed through the use of City services. He also noted the . community is expanding in this area and, with the Valley West Annexation improvements, infrastructure has been extended into the area. He then stressed that, until a subdivision proposal has been developed, it is extremely difficult to address the infrastructure needs for this property. In response to Mayor Stiff, Mr. Schunke acknowledged that the topography on this parcel breaks, with the grade running to the west. He stated, however, that through the use of a lift station, the Valley West sewer trunk line could be used until the Far West sewer trunk is installed. He then noted that this developer would participate in improvements to Durston Road and looping of the water line, which will benefit others, and additional parkland is to be dedicated to ensure that the natural amenities are protected. Mayor Stiff stressed that his concerns revolve around the fact that this subject property . lies outside the established growth boundaries. Mr. Schunke stated that the applicant chose to withdraw the application submittal a year ago and wait to see what issues arose in conjunction with the Valley West Annexation. He then indicated the applicant wishes to work with others in the area to address those issues and problems that are identified. He stated that, given the existing infrastructure in the area and the current growth patterns, he feels development in this property is appropriate. Commissioner Frost voiced concerns about the impacts this annexation would have on the wastewater system and the Police Department, particularly in light of the comments received from staff. Break - 4:50 to 4:55 p.m. . Mayor Stiff declared a break from 4:50 p.m. to 4:55 p.m., in accordance with Commission policy. 08-17-98 - 16 - Staff reDort - annexation of 159.7 acres known as Lots 1. 2 and 3. Minor Subdivision No. 201. located in the S%. Section 4. T2S. R5E. MPM (north side of Durston Road aDproximately one- half mile west of Flanders Mill Road) - Alan and Rhonda Rose Diecksler and Pedro and Oloa M. Adrian for Sidney and Ethel Dykstra (A-9707) It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission acknowledge receipt of the staff report for the Montana Meadows Annexation. . The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Stiff; those voting No, none. Commission Resolution No. 3255 - intent to annex Lots 1.2 and 3. Minor Subdivision No. 201. located in the S%. Section 4. T2S. R5E. MPM (north side of Durston Road aDDroximately one- half mile west of Flanders Mill Road); set Dublic hearino for SeDtember 21. 1998 Included in the Commissioners' packets was a copy of Commission Resolution No. 3255, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3255 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. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that Commission Resolution No. 3255, stating the City's intent to annex 159.7 acres located along the north side of Durston Road, be adopted. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Rudberg and Commissioner Smiley; those voting No being Commissioner Frost and Mayor Stiff. Responding to Mayor Stiff, City Attorney Luwe stated that since the motion did not have three votes, it fails. Because the motion did not have three votes either for or against, however, the resolution needs to be placed on the next agenda for further consideration. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the . Commission continue consideration of this resolution at its September 8 meeting, when a full Commission is present. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No being Commissioner Frost. 08-17-98 - 17 - Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1 ) Letter from Mildred B. Jenni, 2221 South Third Avenue, dated August 6, . asking that she be allowed to repair her drainfield. The City Manager noted that this is a County function, not a City function. He noted that under State statutes, if a septic system is located within 500 feet of a City sewer line, it must be connected. He further noted that under the City's policy, sewer service will not be extended without annexation, and the City could waiver that requirement if they so chose. He then indicated that he will respond to this letter and inform Ms. Jenni of her options. (2) Letter from Homer and Lillie Thompson thanking the City garbage crews for their excellent service at 610 South 6th Avenue. (3) Letter from GalaVan, dated July 21, requesting an opportunity to meet with the Commission in early September to discuss placing a mill levy for senior and disabled para- transit service on the ballot. . Responding to questions from the City Manager, the City Attorney stated that if the City's mill levy does not exceed the 1-105 cap, this proposed mill levy would not need to be submitted to the voters. Responding to the City Manager, a majority of the Commissioners indicated a willingness to consider this issue at an upcoming work session. (4) Staff report from County Planner Lanette Windemaker, dated August 7, asking that the County Commission and City Commission undertake the process necessary to implement revisions to the City-County Planning jurisdictional boundary identified in 1978. Commissioner Smiley stated that, at tomorrow night's meeting, she plans to ask the Planning Board for its input on this issue. (5) Agenda for the Development Review Committee meeting to be held at 10:00 . a.m. on Tuesday, August 18, in the Commission Room. (6) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, August 18, in the Commission Room. (7) Agenda for the Board of Adjustment meeting to be held at 1 :30 p.m. on Thursday, August 20, in the Commission Room. 08-17-98 u....___.______ -. .,'. ;~ . ".~~...- .. - - 18 - (8) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, August 18, at the Courthouse. (9) The City Manager noted that the Planning Board packet includes copies of the administrative policies that have been implemented in the Planning Department over the past . several years. He then indicated that Assistant City Manager Brey is collecting copies of the administrative policies from other City departments, and those policies will also be forwarded to the Commissioners for their review. Commissioner Rudberg suggested that, after reviewing these administrative policies, it appears several of them could be incorporated into the code. She then suggested that the Planning Board be asked for its feedback on these policies. Commissioner Smiley stated she plans to ask the Planning Board to provide feedback on the policies. She noted that she also plans to ask the Board to clarify its position on supervision of staff. Following a brief discussion, a majority of the Commissioners concurred that Commissioner Smiley's request for Planning Board input on the administrative policies should . be forwarded as a Commission request. City Attorney Luwe reminded the Commission that zone code amendments resulting from incorporation of the administrative policies into the zone code must be initiated by either the Planning Board or the Commission since staff does not have that authority. He then suggested another amendment might be to give the Planning staff the authority to initiate a zone code amendment. (10) The City Manager submitted the following. (1) Stated that last week, he received an envelope with $4.00 in postage and nothing inside. This week, he received an envelope from Hawaii with the announcement that Bozeman has received a $164,000 grant under the Rural Domestic Violence and Child Victimization Enforcement Grant Program. (2) Announced that the annual City picnic will be held Friday night at Bogert Park. . (11 ) City Attorney Luwe stated that he will be out of the office for two weeks, beginning next Monday, for Army Reserve training. He indicated that he will try to remain in contact with the office. (12) Responding to Commissioner Smiley, the City Manager stated that the dust problem on Nash Road and Sourdough Canyon Road results from construction at the water 08-17-98 -. ...--.-..-.-.--.- - 19 - treatment plant. He then noted the City has just been given the option to apply for CMAQ monies, which are EPA monies used to mitigate air quality problems. He also noted the DOT has indicated that grant monies may be available, with a 13-percent match from the City, for acquisition of street sweepers and a pump truck to sprinkle the roads to keep the dust down. . ( 13) Commissioner Smiley noted it would have been nice to review the City-County Health Department's budget before it as adopted by the County Commission. (14) Commissioner Rudberg submitted the following. (1) Thanked Christina Boyle, the new Executive Director for the Gallatin Development Corporation, for her success in attracting a new venture to Bozeman. (2) Congratulated City Attorney Luwe on being nominated to serve on the MMIA board again. (3) Asked for Commissioner feedback on the budget for the City-County Health Department. She then indicated she will request that a full copy of the budget be sent to the Clerk of the Commission so it is available for Commissioner review; and she will also request that minutes of the meetings be sent to City Hall. (4) Noted that, after reading the article on information being available on the Internet in Apple Valley, he called the City Manager only to find out that Bozeman's web site has even more information . available. (5) Stated her appreciation for the Planning Commissioner's Corner article in the Planning Board packet pertaining to public hearings. In light of that article, she suggested the Commission may wish to look at its public hearing procedure, in an effort to alleviate the adversarial positions that can be created. (6) Asked if Administrative Services Director Gamradt could pull information on the revenues for the street and tree maintenance districts for the past five years, and the amount that those revenues have increased because of increases in property within city limits. ( 15) Commissioner Rudberg stated that during her review of the claims listings over the past few months, she has questioned some claims and received prompt explanations from Administrative Services Director Gamradt or Assistant Finance Director Biekert. She noted, however, that she has found some claims that have raised concerns, particularly for the City . Court. She stated that she has asked for and received copies of several of those claims, particularly from Costco, and is concerned that those claims include food, candy, a student's software program, sanitary products and a refrigerator; and she is further concerned that the times on the cash register tapes reveal that the purchases were made in the late morning and early afternoon hours. 08-17-98 - 20 - City Manager Johnson indicated he will ask the Court Administrator to respond to the questions raised. (16) Mayor Stiff noted that the City has once again received the Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers . Association, for Fiscal Year 1996-1997. He recognized that this is because of the great job which the City's Finance Department does, and indicated that he will personally thank Administrative Services Director Gamradt. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Commission Resolution No. 3254 - Authorizing City Manaaer to sign Chanae Order Nos. 1 and 2 for Schedule I of the imDrovements to South Third Avenue between Kagv Boulevard and Goldenstein Lane - JTL GrouD. Inc. Belgrade. Montana - add a total of $18.474.11 and 0 calendar days COMMISSION RESOLUTION NO. 3254 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, . MONTANA, APPROVING ALTERATION/MODIFICATION OF CONTRACT WITH JTL GROUP. INC. Authorize Mavor to sian - Findings of Fact and Order - Dreliminarv Dlat for the Amended Plat of West Park Manor Minor Subdivision (subdivide 1.283 acres described as Lots 6 and 7 of the Rearrangement of a Dortion of Lot 8. West Park Manor. First Addition. into three lots for commercial uses) (1941 West Main Street) (P-9824) Authorize City Manager to sian - Public Street and Utilities Easement for West Babcock Street- InterWest Acauisition Bank - 30-foot-wide easement across Tract 3. COS No. 1046 (north side of 1600 block of West Babcock Street) Authorize City Manaaer to sign - Water Pipeline and Access Easement and Agreement - Douglas Lance Smith - two easements across a portion of the S%. Section 3. T2S. R5E. MPM for fire hydrants and water pipelines (along Durston Road near its intersections with Flanders Mill Road and Ferguson Road) Ratifv City Manaaer's signature - Modification of Aareement for Disaster and Emeraencv Services Coordinator and Hazardous Materials between . City and Gallatin County Authorize City Manager to sian - Supplement to Software License and Services Aareement with H.T.E.. Inc. - add proaram at total cost of $13.900 Commission Resolution No. 3256 - levvina and assessing street maintenance district assessments for Fiscal Year 1998-1999: setting public hearing for SePtember 8. 1998 08-17-98 ____. __.u__. __.._... - 21 - COMMISSION RESOLUTION NO. 3256 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 1999 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY-WIDE STREET MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN AND TO EXTEND THE BOUNDARIES OF SAID . DISTRICT TO ENCOMPASS ANNEXED PROPERTIES. Commission Resolution No. 3257 ~ levying and assessina tree maintenance district assessments for Fiscal Year 1998-1999; settina public hearina for SePtember 8. 1998 COMMISSION RESOLUTION NO. 3257 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA. LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 1999 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN. STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY-WIDE TREE MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN AND TO EXTEND THE BOUNDARIES OF SAID DISTRICT TO ENCOMPASS ANNEXED PROPERTIES. Cancellation of work session scheduled for August 24. 1998 Award bid for" Pond Row" . Phase II (Bozeman Interfaith Housing II proiect) to Rotherham-Cooper. Bozeman. Montana. in base bid amount of $433.288.00 . Approve proposed budaet for Gallatin City~Countv Health Department for Fiscal Year 1998-1999 Authorize Clerk of the Commission to advertise for public hearina to be held on SePtember 8 re former Staff Attorney Williams' eligibility to serve as Public Defender; waiver of six-month statutory prohibition of contractina with the City Building Inspection Division report for July 1998 Claims It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, 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 Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Stiff; those voting No. none. . Recess ~ 5:20 p.m. Mayor Stiff declared a recess at 5:20 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings. 08-17-98 - 22 - Reconvene - 7:00 p.m. Mayor Stiff reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings. . Public hearina - City of Bozeman - COA with deviation from Section 18.50.100.D.5.C.. Bozeman Municipal Code. to eliminate an off-street parkina lot interior landscape island on a portion of Tract 2. GUY'S Addition (108 and 110 South Bozeman Avenue) (Z-98110) This was the time and place set for the public hearing on a Certificate of Appropriateness with a deviation from Section 18.50.100.D.5.C. of the Bozeman Municipal Code, as requested under Application No. Z-9811 0, to eliminate an off-street parking lot interior landscape island for a new City parking lot to be constructed on a portion of Tract 2, Guy's Addition. The subject property is more commonly located at 108 and 110 South Bozeman Avenue. Mayor Stiff opened the public hearing. City Manager Johnson stated that Senior Planner Skelton has been in an accident and is in a cast; therefore, no Planning staff presentation will be made at this time. . Mr. Steve Shuel, President of MacKenzie River Pizza, stated his business is interested in obtaining additional parking downtown, not only for customers but for employees as well. He characterized this as an opportunity to gain much needed parking space in the downtown area, and forwarded his support for the proposed parking lot. Mr. Larry Bowman, member of the Parking Commission, stated it is their intent to provide primarily employee parking with this parking lot, noting that the Commission has recognized the parking problem in the downtown area is an employee issue. He noted that this new parking lot is quite a long way from downtown are for customers but is suitable for employee parking, particularly since it will provide one of few options for parking on the south side of Main Street. Responding to City Attorney Luwe, Mr. Bowman stated that the Parking Commission . has indicated that the spaces in this parking lot will be available for lease in June 1999. He then noted that the Parking Commission is currently considering the acquisition of additional property is this area; but that acquisition will not have any impact on the construction of this proposed parking lot. 08-17-98 -.- ...--.-.--.- ._ .. ._ ..__ ._..__ ... n ___n.. ____._..__ - 23 - City Attorney Luwe noted that he will not be able to respond to any questions or issues for the September 8 meeting, and indicated the Commission may continue the hearing to September 8 and use Staff Attorney Cooper's counselor continue the hearing to September 21 and use his counsel. . It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission continue this public hearing to September 8, to give staff and advisory boards an opportunity to address questions and issues which have been raised. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Smiley and Mayor Stiff; those voting No, none. Adiournment - 7:07 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Rudberg, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Rudberg, Commissioner Smiley and Mayor Stiff; those . voting No, none. ~/ ~A' ~ ALF M. STIFF, Mayor ATTEST: ~ -~'~: ...~~~ ROBIN L. SU[~A _~~~"{ " Clerk of tha--C-fiihfm:ss:ie-n~' . . ~ - " . - , .... "- -./ '.".- ~. ~..~_. - - . 08-17~98