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HomeMy WebLinkAbout1997-12-15 Minutes, City Commission > MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA December 15, 1997 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, Monday, December 15, 1997, at 3:00 p.m. Present were Mayor Stueck, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman, City Manager Johnson, City Attorney Luwe and Clerk of the Commission 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 - November 17 and November 24. 1997 It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the minutes of the meetings of November 17 and November 24, 1997, be approved as submitted. . The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No, none. Review of fourth auarter budaet raDort for Fiscal Year 1996-1997: authorize Mavor to sign budaet amendment Administrative Services Director Miral Gamradt stated that, included in the Commissioners' packets, was a copy of his memo dated November 17, 1997, with which he forwarded the budget amendments necessary to close the City's financial records after the fourth quarter review for Fiscal Year 1996-1997. He noted that these adjustments include those identified by the City's independent auditors as a result of their fieldwork. . The Administrative Services Director noted that the appropriation ordinance adopted by the Commission each year establishes the legal spending limits for the year and, if the comparison of actual to budget reveals a deficit, a budget amendment is necessary to cover the additional expenditures. He stressed that these budget amendments do not provide for an 12-15~97 -. --- ----.. -- ----- ..--- ....._._. ._.... u__. . __._n. - 2 - increase in the spending authority previously established by the Commission; rather, they reflect a movement of the spending authority among budget units. The Administrative Services Director drew the Commission's attention to the transfer into the Wastewater Fund, stating that the transfer is to cover the costs of the Bozeman . Solvent Site. Responding to Mayor Stueck, the Administrative Services Director stated that $825,000 has been set aside in the City's financial statements for closure of the old landfill area. Responding to Commissioner Rudberg, the Administrative Services Director stated that under the impact fee program, a certain percentage of the revenues generated each year are earmarked for administrative costs. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission acknowledge receipt of the fourth quarter budget report for Fiscal Year 1996- 1997, and authorize the Mayor to sign the attendant budget amendments. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner . Frost, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none. Exit Conference - ComDrehensive Annual Financial ReDart (CAFR) resultina from audit of City's financial records for Fiscal Year 1996-1997 Included in the Commissioners' packets were copies of the documents which the independent auditors prepared in conjunction with the audit. Those documents include the Comprehensive Annual Financial Report, Audited Financial Statement with Supplemental Material for the Water Fund, Independent Auditors' Report on Applying Agreed-Upon Procedures, Management Letter and Review of Warrants Payable Cycle. Mr. Bill Mills, senior auditor from Veltkamp, Stannebein and Bateson, the City's . independent auditors, gave a brief overview of the documents which they had prepared in conjunction with the audit of the City's financial records for Fiscal Year 1996-1997. He stated that the Comprehensive Annual Financial Report (CAFR), which includes the City's audited financial statements, is divided into four parts. He noted that Part I is entitled Introductory Section and includes the transmittal letter as prepared by City staff. Part II is entitled Financial 12-15-97 ,,_.. ----- ~"- ~ 3 - Section and contains the general purpose financial statements, footnotes and combining schedules. Mr. Mills stated that the City has received an unqualified opinion on its financial statements, which is the highest level that can be received. Part III is entitled Statistical Section and contains key operating statistics of the City. Part IV is entitled Single Audit . Section and contains the three additional reports which are required by the U.S. Office of Management and Budget. He stated that the City has obtained clean, unqualified opinions on each of these three reports. Mr. Mills commended Administrative Services Director Miral Gamradt and his staff for the controlled environment they have created for maintaining the City's financial records. He also noted that the staff was very cooperative and worked well with the auditing team. Mr. Mills stated that the information contained in the Audited Financial Statement with Supplemental Material for the Water Fund is the same as the information contained in the CAFR, and is provided as a separate document so it can easily be forwarded to the appropriate bonding agencies. Mr. Mills stated that the Management Letter addresses the accounts payable function . of the City, and the Review of Warrants Payable Cycle provides a more in-depth look at that function and some suggestions for its improvement. Mr. Mills noted that, subsequent to the initial audit engagement, he met with Administrative Services Director Gamradt, Assistant Finance Director Biekert and City Attorney Luwe to discuss a separate engagement to conduct an in-depth review of the Cemetery Perpetual Care Fund, and the Independent Auditors' Report on Applying Agreed~Upon Procedures forwards the auditors' findings and recommendations. He noted that four separate issues were identified by staff, and the listing of those issues and the auditors' findings for each are contained in the report. He briefly reviewed those items, suggesting that an Attorney General's opinion on the legal definition of "enclosed" as it relates to cemeteries would be appropriate. He stated that transactional testing in this area showed that, without exception, . receipts and expenditures are being properly accounted. Responding to questions from the Commission, Mr. Mills characterized this report as a "clean bill of health". He then confirmed that, while the figures in the Independent Auditors' Report on Applying Agreed-Upon Procedures are characterized as unaudited, they are taken directly from the Comprehensive Annual Financial Report, where the figures have been audited. 12-15-97 -- --------.--..-.------.....--- .--.-. - 4 - Responding to Commissioner Youngman, the Administrative Services Director stated that the City must submit its response to the auditors' recommendations to the Department of Commerce in writing. He indicated that a copy of that letter can be forwarded to the Commissioners for their information. . Commissioner Stiff stated that the audit documents were submitted to the Audit Committee in an in-depth review earlier today. He noted that, following that review, the Committee forwarded a recommendation for acceptance of the report. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission accept the Comprehensive Annual Financial Report (CAFR) and attendant documents resulting from the independent audit of the City's financial records for Fiscal Year 1996-1997. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none. Mayor Stueck complimented Administrative Services Director Miral Gamradt and his staff for a job well done. . Preliminary vlat for Kaay Crossroads Subdivision - John D. Marks. Scenic Develovers. Inc. - subdivide 21.64 acres located in the SE~. Section 14. T2S. R5E. MPM. into one multi-family residential lot and nine commercial lots (northwest corner of Kagy Boulevard and South 19th Avenue) (P-9751) This was the time and place set for review of the preliminary plat for Kagy Crossroads Subdivision, as requested by John D. Marks, Scenic Developers, Inc., under Application No. P-9751, to subdivide 21.64 acres located in the Southeast Quarter of Section 14, Township 2 South, Range 5 East, Montana Principal Meridian, into one multi-family residential lot and nine commercial lots. The property is more commonly located in the northwest corner of the intersection of Kagy Boulevard and South 19th Avenue. Associate Planner Chris Saunders reviewed the staff report. He noted that, in addition . to the one residential lot and nine commercial lots, common open space is to be provided along the ditch/stream which traverses the site. The Associate Planner stated that at its December 2 meeting, the City-County Planning Board conducted the public hearing on this application. He noted that during the public hearing, there was no public comment; however, there was a significant amount of discussion among 12-15-97 - 5 - the applicant, staff and Planning Board members. As a result of that discussion, many of the conditions recommended by staff were modified, and the modified conditions are contained in the Planning Board's resolution, which has been forwarded to the Commissioners in their packets. He then stated that if the Commission approves this preliminary plat, Condition No. . 1 should be revised because annexation of this property has now been completed. The Associate Planner noted that during the agenda meeting last week, a question was raised about the proposed extension of sewer mains to the subject property. He noted that in the wastewater facilities plan update, the subject property lies in the westernmost portion of Zone 3, which is to be served by the main which currently ends Technology Drive, and that is the main which the applicant has proposed to extend. He encouraged the Commission to ensure that the condition for extension of the sewer main includes the requirement that the manhole is south of Kagy Boulevard, to avoid the potential of tearing up the road in the future for southward extension of the sewer main. Mr. John Marks, applicant, noted that most of his questions and issues were addressed during the Planning Board meeting. He stated, however, he has two issues which he wishes . to discuss, one pertaining to road improvements and one pertaining to the middle access point on South 19th Avenue. Mr. Marks noted that he requested Condition No. 12, pertaining to improvements of the South 19th Avenue/Kagy Boulevard intersection, be softened at the Planning Board meeting. He noted that the intersection currently functions at Level "F" on the three existing legs, which is the acceptable level of service, and it is anticipated that the level of service will decrease even further with development on the subject property and construction of the fourth leg. He asked that the Commission approve a "middle-of-the-road, stop-gap measure" for mitigating the impacts from this subdivision rather than requiring him to install all of the improvements needed to raise the level of service at this intersection to a Level "C" prior to . final plat approval. He stated that the estimated cost of improving the intersection, which will include the addition of turning lanes on South 19th Avenue as well as the installation of the traffic signal, is $400,000. He stated that if he is required to bear all of those costs prior to final plat approval in addition to all of the other off-site and infrastructure improvements, this subdivision will not be economically feasible. He asked that this condition be revised to require that this subdivision participate in the improvements to the intersection when it is undertaken 12-15-97 - 6 - by the City and, in the meantime, the subdivision be required to provide interim safety measures, such as a temporary stop light without any turn lanes. He recognized that, while this suggestion would increase the level of safety at the intersection, it would not increase the level of service. . Mr. Marks noted that the Planning staff has recommended the deletion of the middle access point on South 19th Avenue, between Remington Way and Kagy Boulevard. He asked that the Commission allow that access to remain, stating it is important to the success of the commercial development on the site. He stated it is his personal belief that a grocery store should be located in this subdivision, and the only grocer to show interest in the site has indicated that without a middle access point, no further consideration will be given to locating in this development. He stated that access points may be no closer than 330 feet from an intersection, and the proposed middle access point would be further than that. He also noted that the middle access is allowed under the City's development guidelines. He noted that the traffic study suggests this access could be limited to a right turn in and right turn out only access point to ensure that safety concerns are addressed, and he feels that is acceptable. He . cited several examples around town where such turns have been successfully implemented in recent years, including WalMart, the Rocky Mountain Roasting Company and the access between JB's and Smith Barney. He noted that the latter is 100 feet from a signalized intersection. Mr. Mark Chandler, C & H Engineering and Surveying, representing the applicant, addressed Condition No. 16, noting that the second sentence of the condition, as recommended by the Planning staff, requires that the detention/retention plan must address run-off from public and private streets and lots. He stated that he discussed this issue with the Planning Board, particularly since the detention/retention of stormwater is typically addressed during review of a proposal for development of a site. He suggested that by revising the condition to require that the run-off from each individual lot will be reviewed by the City during . the site plan review process will address his concern. Responding to Mayor Stueck, City Engineer Craig Brawner stated that staff is trying to create limited access onto South 19th Avenue, which is an arterial. He noted that two other accesses are already being provided into the subdivision and, while he recognizes that a right turn in and right turn out only access point might address safety concerns, it may also lead to 12-15-97 ---...--.--...--- -.------- n.. .._. _...__..__.__. - 7 - people making a U-turn at the intersection of South 19th Avenue and Kagy Boulevard because they wish to go north rather than south. He further noted that, since the existing right turn in and right turn out only accesses have only been recently installed, the City has no good history against which to assess the success of those accesses. He then stressed the importance of . looking at the best interests of the community as a whole when considering the development of this site. Responding to Commissioner Frost, Associate Planner Chris Saunders stated that Condition No. 11, as proposed by staff, requires the applicant to participate in the costs of signalizing the intersection of South 11th Avenue and Kagy Boulevard as well as the intersection of South 19th Avenue and Kagy Boulevard; however, the Planning Board concurred with the applicant that this subdivision will have little impact on the intersection of South 11 th Avenue and Kagy Boulevard and removed that requirement from the condition. He then stated that the condition pertaining to stormwater run-off has already been revised to reflect Mr. Chandler's request. Responding to comments from Mayor Stueck, the Associate Planner stated that the . City is currently pursuing the design of improvements to South 19th Avenue, although the installation of those improvements has not yet been scheduled. He then reminded the Commissioners that if they can find no conditions to mitigate the issues and concerns they have identified, they may vote to not approve this requested subdivision. He recognized that the timing of the improvements may be the issue, suggesting that if the developer does not want to bear the costs of installing the needed improvements, he may need to wait until the improvements have been installed before proceeding with the subdivision and its development. He then suggested that monies from several different sources may be used to install the improvements at the intersection of South 19th Avenue and Kagy Boulevard. Further responding to Mayor Stueck, the Associate Planner stated that the best information available on the traffic counts for this subdivision are contained in the applicant's . traffic study. He then stressed the importance of remembering that the applicant is required to participate in his proportionate share for off-site improvements. Mr. Marks stated that the way he reads the conditions, while he is financially responsible only for his share of the improvements, those improvements must be completed before the final plat can be approved. He stressed that what he is seeking is a way to proceed 12-15-97 - 8 - with the final plat for this subdivision without being fully responsible for the installation of those improvements at this time. Responding to Mayor Stueck, Planning Director Epple stressed that, since the intersection of Kagy Boulevard and South 19th Avenue is currently operating at a Level "F" . level of service, it is imperative that the intersection be improved prior to adding to its load. He then reiterated that the Commission has the authority to deny the application if adequate conditions to mitigate the issues cannot be identified. Mayor Stueck noted that when this applicant previously came through the zoning process, he was sent back because the Planning Board and City Commission felt that the amount of land he had proposed for commercial development was inadequate, and he has since come back with a proposal that included more commercial land, which was approved. He noted that this requirement by the City cost the developer some time, during which the traffic situation at the intersection of Kagy Boulevard and South 19th Avenue has deteriorated and questioned whether the applicant can now be required to mitigate all of those problems. Planning Director Epple stressed the importance of long-range planning and zoning, . particularly when considering development in a large, undeveloped area. He also stressed the importance of recognizing that there is no guarantee a development proposal will be approved. Responding to comments from Commissioner Rudberg, Associate Planner Chris Saunders stated that the exact geometry of the intersection of South 19th Avenue and Kagy Boulevard has not yet been determined, saying staff feels that design should be developed before any improvements are made. He also noted that doing all of the improvements at once is the most cost effective approach. City Engineer Craig Brawner suggested that the intersection of South 19th Avenue and Kagy Boulevard will probably be quite similar to the intersection of South 19th Avenue and West College Street when it is improved. He then cautioned that installing a four-way stop light at this time, without any lane improvements, will probably result in a situation that is . worse than the current situation. The City Engineer then stressed the importance of ensuring that a storm drainage master plan is required for the subdivision, including all roads, to make sure that the system is adequately sized and functions properly. He noted that the language of the condition, as 12-15-97 - 9 - recommended by the Planning Board, requires that the master plan be developed in conjunction with the subdivision process but does not require that the infrastructure be installed. Responding to Mr. Marks, the City Engineer confirmed that at this time, staff simply needs a master plan for the stormwater detention facilities, without any detailed information. . He noted that the plans for the stormwater facilities will be considered with the site plans, to ensure that they are adequately sized and appropriately located. Mr. Marks indicated that he "can live with" this condition, in light of the City Engineer's explanation. Responding to Commissioner Youngman, the Associate Planner stated that if a north/south connector street is desired through this property, it will probably be located near the western boundary, noting that the alignment of the street must be identified before an easement or dedication of the right-of-way can be required. Further responding to Commissioner Youngman, Mr. Marks stated that he has generally been unsuccessful in his efforts to work with Montana State University to provide infrastructure to this site. He noted that, because of their concerns about the potential impacts that allowing . a sewer main extension through their property might create, MSU representatives would not allow the extension to occur, thus requiring that he follow the South 19th Avenue right-of-way instead. He stated that those same concerns preclude the extension of a north/south road through that same area. He suggested, however, that a north/south connector along the west side of the property, connecting to Research Drive, might be possible. He noted that the veterinary research clinic facilities are located due north of this subject parcel, and MSU is interested in ensuring that an adequate buffer is maintained around these sensitive research facilities. City Manager Johnson stated that he was in attendance at the meeting with MSU representatives and confirmed that they do not appear to be ready to make any commitments which would impact how their property might be used or developed at some time in the future. . Responding to Mayor Stueck, City Attorney Luwe stated that State statutes allow for an improvements agreement, with a financial guarantee placed in escrow, as part of the requirements for approval of the final plat. Assistant Planning Director Debbie Arkell suggested that the condition may need to be slightly revised to recognize that an improvements agreement and financial guarantee will be 12-15-97 - 10M construed as meeting the condition, particularly since both the old and the new subdivision regulations require the infrastructure improvements to be in place. Commissioner Frost stated his support for Condition No. 11 as recommended by the Planning staff, noting that this developer should be responsible for his proportionate share of . the costs of improving the intersection of South 11th Avenue and Kagy Boulevard. He recognized that, while most of the traffic impacts will be on South 19th Avenue, some of the impacts will occur at this intersection because of people who live east or south of the site using some of the businesses in this commercial development. Responding to Associate Planner Saunders, City Attorney Luwe stated that if an improvements agreement and financial guarantee are provided, final plat approval can be obtained; however, no building permits may be issued until the infrastructure improvements have been installed. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission approve the preliminary plat for Kagy Crossroads Subdivision, as requested by John D. Marks, Scenic Developers, Inc., under Application No. P-9751, to subdivide 21.64 . acres located in the Southeast Quarter of Section 14, Township 2 South, Range 5 East, Montana Principal Meridian, into one multi-family residential lot and nine commercial lots, subject to the following conditions: 1. The approved zone map amendments be finalized prior to the final plat approval. 2. Access from the Payne property to the south shall not occur at the intersection of Kagy Boulevard and South 19th Avenue. The access point shall be established during the plan and specification review for the extension of Kagy Boulevard. 3. The access easements on Block 1 shall be noted as "Public Access" easements. 4. Unless a subdivision variance is granted, parkland or cash-in-lieu shall be provided in accordance with Section 16.14.090 of the Bozeman Area Subdivision Regulations. . 5. The Montana Department of Fish, Wildlife and Parks, NRCS, Montana Department of Health and Environmental Quality and Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (Le. 310, 404, Turbidity exemption, etc.) shall be obtained prior to final plat approval. 6. Ditch relocation: a. The Montana Department of Fish, Wildlife and Parks shall be contacted by the applicant regarding any 12-15-97 --- -- - 11 - proposed ditch/stream relocation and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained, and a copy thereof provided to the City of Bozeman, prior to relocation. b. Pursuant to Section 16.14.050 of the Bozeman Area Subdivision Regulations, a 20-foot-wide ditch and utility easement shall be provided along the water . course (15 feet on one side of the water course and 5 feet on the other). The 15-foot width shall be located within the Kagy Crossroads Subdivision and shall be indicated on the final plat. However, it is strongly recommended that this area be established as common open space to preclude future encroachment and maintenance problems which typically occur with ditch easements on private property. c. Pursuant to Section 16.14.130 of the Bozeman Area Subdivision Regulations, a 35-foot minimum building setback from either side of the water course high water mark shall be delineated on the final plat. The setback must account for any channel meandering. The final plat shall contain this information and require that finished floor elevations be established above the high water mark. 7. The existing 24-inch D.I.P. water main which terminates at the intersection of Lincoln and South 19th shall be extended as a 24-inch . line to the south side of the Kagy Boulevard right-of-way along the east side of South 19th Avenue. The location of the proposed water main in Kagy Boulevard shall be on the south side of the roadway. The correct location of all water and sewer lines shall be indicated in plan and specification submittals. The existing 8-inch water main running east-west just south of Remington Way will be connected to the proposed 24-inch D.J.P. main. Fire hydrant locations shall comply with Water Quality Bureau 1, Montana Department of Health and Environmental Quality Standards for Water/Wastewater Works 8.3.1 and the Uniform Fire Code Appendix III A and III B. Water service stub sizes shall be reconsidered as larger lots are likely to require larger sizes than indicated. Lot 1, Block 3 may require a future 6" main to allow for adequate flows and fire hydrant location. An 8" sewer stub for Lot 1, Block 3 from the manhole at the intersection of Remington Way and South 22nd Avenue would allow for a future main extension to serve multiple buildings. 8. Plans and specifications and a detailed design report for water and sewer main extensions and the public streets, prepared and signed by a Professional Engineer (PE) registered in the State of Montana, shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by the Montana Department of . Environmental Quality (DEQ). The applicant shall also provide professional engineering services for construction inspection, post- construction certification, and preparation of mylar record drawings. The design report shall verify that the capacity of the existing system at the time of connection is adequate to provide service to this development. Any off-site improvements needed to provide service shall be in place and accepted by the City of Bozeman prior to final plat approval. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a preconstruction conference has been conducted. 12-15-97 - -...--. .. .-.----. - - 12 - 9. Regarding any over-sizing agreement with the City for installation of the required 24-inch water main: Any such agreement must be approved by the City Commission and must be executed prior to approval of the plans and specifications for the water main extension. This agreement shall define the terms under which, and the extent to which, the City will participate in the payback of the oversized portion of the main. The final amount paid by the City will be based on the actual bid prices obtained by the developer. Only the water main in . South 19th Avenue will be considered in the agreement. The City will pay only for the cost difference between the main size needed to serve this development and the 24-inch master-planned water main. The calculations and assumptions used to establish the main size required by the development shall be approved by the City Engineering Department prior to plan and specification approval. 10. Easements for any water and sewer main extensions shall be a minimum of 30 feet in width, with the utility located in the center of the easement. In no case shall the utility be less than 10 feet from the edge of the easement. All easements which may be required for off-site utility extensions (e.g., Garfield Street or Research Drive) must be provided prior to plan and specification approval. The developer is responsible for restoration of off-site facilities disrupted by infrastructure installation (i.e., Research Drive). 11. As stated in Chapter 16.18.050 0.7. of the Bozeman Area Subdivision Regulations, H Arterial intersections and turning movements shall operate at level of service "C" H. Therefore, all improvements necessary to provide a level of service "C" at the intersections directly impacted by this subdivision shall be constructed . in participation with other entities, to the developer's proportionate share, prior to filing of the final plat. These intersections are: Kagy Boulevard at South 19th Avenue, and Remington Way at South 19th Avenue. The final character and configuration of the required improvements must be approved by the City Engineer as part of the plan and specification review process. In addition, the developer of this subdivision will be required to participate in funding of improvements to the intersection of South 19th Avenue at Lincoln Road. This participation will be in an amount proportionate to the percentage by which traffic volume at this intersection will be increased by this development. The estimated cost for the mitigating improvements shall be identified in the revised Traffic Impact Analysis. 12. The traffic impact analysis submitted must be revised to reflect the full impacts of the development on traffic and levels of service without considering any approaches off of South 19th Avenue between Remington Way and Kagy Boulevard. The Traffic Impact Analysis must also address remedies, including cost estimates, required to mitigate the level of Service "F", which is anticipated to occur at the intersection of Kagy Boulevard and South 11 th Avenue. . 13. A one-foot no access strip prohibiting direct access to South 19th Avenue shall be provided along lots 2, 3, & 4 and 5, Block 1. In conjunction with this requirement the 30-foot access easement west of lots 2, 3, 4 and 5, Block 1, shall be improved for use as a public access by installation of curb and gutter and pavement in conjunction with the development of the first lot in Block 1. 14. Kagy Boulevard west of South 19th Avenue shall be constructed 32 feet wide from back of curb to edge of pavement with curb, gutter 12-15-97 ..... - .-.. - 13 - and sidewalk along the north side. Dead end barricades shall be installed to the City Standard. 15. Remington Way shall be constructed to City Standard width (37 feet back of curb to back of curb) with curb, gutter and sidewalk on both sides. Dead end barricades shall be installed to the City Standard. Any existing easements for Remington Way which do not coincide with the approved proposed alignment must be properly abandoned. . The developer shall provide a waiver of right to protest creation of SID for improvements to Remington Way, including, but not limited to, paving, curb/gutter, boulevard, sidewalks, and storm drainage appurtenances. The City of Bozeman will support an SID for roadway improvements in the event the developer and adjacent landowners cannot reach an equitable financial agreement for the costs associated with the improvements. If a temporary cul-de-sac is located at the end of Remington Way it is recommended that the cul-de-sac be located on a temporary easement on the property adjoining the subdivision to allow for the complete construction of the street improvements. However if the cul-de-sac is located on Lot 1, Block 3, or Lot 3, Block 2, the developer shall provide adequate financial guarantee for the cost of extending the curb, gutter and sidewalk to the west property line when Remington Way is extended and the cul-de-sac is abandoned. 16. A stormwater master plan for the subdivision for a system designed to remove solids, silt, oils, grease, and other pollutants from the runoff . from the private and public streets and all lots must be provided to and approved by the City Engineer. The master plan must depict the maximum sized retention basin location, and locate and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin site, drainage ways, and finished lot grades), typical stormwater detention/ retention basin and discharge structure details, basin sizing calculations and a stormwater maintenance plan. Note: It will ultimately be the responsibility of the Property Owners' Association to ensure that the maintenance plan is consistently enforced. It is further recommended that implementation of the plan be included in the covenants and therefore a condition of plat approval. Finished storm water grading and detention will be determined through the appropriate site plan review process. 17. All code requirements identified in this staff report shall be complied with. . The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. 12-15-97 .-...--...-... - 14 - Ordinance No. 1450 - reDealing the subdivision regulations set forth in ChaDter 16 of the Bozeman MuniciDal Code and enactina new subdivision regulations Previously distributed to the Commissioners were copies of the new subdivision regulations, as contained in Ordinance No. 1450, as approved by the City Attorney/entitled: ORDINANCE NO. 1450 . AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL BE AMENDED BY THE REPEAL OF CHAPTER 16 OF THE BOZEMAN MUNICIPAL CODE AND BY ADDING A NEW CHAPTER TO BE NUMBERED CHAPTER 16, PROVIDING FOR NEW SUBDIVISION REGULATIONS. It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the Commission provisionally adopt Ordinance No. 1450/ repealing the existing subdivision regulations and enacting new subdivision regulations, and direct the Clerk to bring it back in three weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost and Mayor Stueck; those voting No, none. . Ordinance No. 1452 ~ reDealina ChaDter 8.28 and reDlacina it with a new ChaDter 8.28, re nuisances Included in the Commissioners' packets was a copy of Ordinance No. 1452, as approved by the City Attorney, entitled: ORDINANCE NO. 1452 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REPEALING CHAPTER 8.28 OF THE BOZEMAN MUNICIPAL CODE AND ADDING A NEW CHAPTER TO BE NUMBERED CHAPTER 8.28, PROVIDING FOR NEW REGULATIONS PERTAINING TO NUISANCES. Commissioner Frost questioned the determination of "low income" contained in Section 8.28.040.8. in the proposed ordinance. He suggested that revising the language to reflect the federal definition or HUD standards would be preferable. . Staff Attorney Tim Cooper suggested that the language could be revised to refer to a standard that is easily defined, noting another alternative might be to reference the affordable housing policy. City Attorney Paul Luwe suggested that the Commission provisionally adopt the ordinance as submitted, with direction to revise the determination of "low income" as contained in Section 9 prior to final adoption. 12-15-97 - 15 - It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission provisionally adopt Ordinance No. 1452, establishing new provisions pertaining to nuisances, as contained in Chapter 8.28, direct staff to amend Section 9 of the ordinance to remove "Planning Department" and replace it with reference to the "HUD guidelines" prior . to final adoption, and direct the Clerk to bring it back in three weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No, none. Initiate zone code amendment re regulatina sians in the parks Mayor Stueck noted that the draft zone code amendment was discussed during the agenda meeting. He then asked if subsection "f" should be eliminated prior to forwarding this amendment. Planning Director Epple reminded the Commission that this amendment must be subjected to the zone code amendment process, which includes the preparation of a staff . report and public hearings before the City-County Planning Board and the City Commission. He suggested that if the subsection is allowed to remain at this time, a comprehensive review will identify whether it should remain or be removed, and the Commission can then take the appropriate action at that time. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission initiate a zone code amendment pertaining to regulating signs in the parks. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none. . Confirm staff's recommendation to acauire software for AS400 computer from HTE; authorize City Manager to sian contract City Manager Clark Johnson stated that staff interviewed the three firms who submitted responses to the City's request for proposals for software for the AS400 computer. He stated that, subsequent to those interviews, staff forwarded its recommendation to acquire the software from HTE because it best meets the City's needs. 12-15-97 ..--".------- - 16 - Responding to Commissioner Stiff, Administrative Services Director Gamradt stated that the budget for this fiscal year will accommodate the purchase of the software as recommended. He noted, however, that the two firms at which the City was most seriously looking have indicated it will take approximately one year to fully install the new software. . It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission confirm staff's recommendation to acquire software for an AS400 computer from HTE, and authorize the City Manager to sign the contract. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. Renewal of Beer. Wine and liauor licenses for Calendar Year 1998 This was the time set for renewal of the Beer, Wine and Liquor Licenses for the Calendar Year 1998. A total of 28 applications have been received, along with the required fees. Included in the Commissioners' packets was a list of the establishments which have . made application and paid the required fee, as follows: APPLICATIONS FOR BEER, WINE AND LIQUOR LICENSES CALENDAR YEAR 1998 APPLICANT BEER WINE LIQUOR TOTAL Boodles, Inc. 215 East Main Street $ $ $ 500 $ 500 Two Dogs, Inc. dba The Bozeman Bowl 414 East Babcock Street 500 500 Banana Bay Bar & Grill 2825 West Main Street 500 500 Empire, Inc. dba Black Angus 520 West Mendenhall Street 500 500 . Chalet Market of Montana 2825 West Main Street 200 200 400 Colombo's Pizza & Pasta 1003 West College Street 200 200 400 The Crystal Bar, Inc. 123 East Main Street 500 500 12-15~97 ...---.--..----... ~ 17 ~ F.G.Eagles Aerie No. 326 316 East Main Street 500 500 Fredrick's Inc. dba Golden Goose Casino 726 North 7th Avenue 500 500 The Great China Wall . 525 Professional Drive 200 200 400 Finch Foods, Inc. dba Heeb's East Main Grocery 544 East Main Street 200 200 400 Hilltop Conoco 1007 East Main Street 200 200 Hinky Dinky 5 Tai lane 200 200 400 lion Hotel Group dba Cantrells Bozeman Holiday Inn 5 Baxter lane 500 500 Holiday Stationstore #269 119 North 7th Avenue 200 200 400 Story Distributing Co. . dba 1~90 Exxon 1420 North 7th Avenue 200 200 400 Joe's Parkway 903 West College Street 200 200 400 Bozeman Casino, Inc. dba Magic Diamond Casino 1615 West Main Street 200 200 400 O'Brien's Restaurant 312 East Main Street 200 200 400 Panda Enterprises, Inc. 621 Bridger Drive 200 200 The Rocking R Bar 211 East Main Street 500 500 Spanish Peaks Brewing Co., dba Black Dog Cafe and Ale House, Inc. . 120 North 19th Avenue 500 500 Story Distributing Co. dba Story Exxon 1211 East Main 200 200 400 Bozeman Town Pump, Inc. dba Town Pump 2607 West Main Street 200 200 400 12~15~97 - 18 - Town Pump East 803 East Main Street 200 200 Village Inn Pizza Parlor 806 North 7th Avenue 200 200 400 West Main Exxon 920 West Main Street 200 200 . Wine Gallery 102 South 19th Avenue 200 200 400 Total - 28 Applications $ 3.600 $ 2.800 $ 5.000 $11 .400 The City Manager recommended that the Commission approve the applications as submitted. It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the Commission approve the renewal of Beer, Wine and Liquor Licenses for Calendar Year 1998 for the various establishments as listed above. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost and Mayor Stueck; those voting No, none. . Break - 4:32 to 4:37 D.m. Mayor Stueck declared a break from 4:32 p.m. to 4:37 p.m. Review of recommendations of Community DeveloDment Block Grant (CDBG) Economic DeveloDment Loan Review Committee re aDolication submitted bv BioScience Laboratories. Inc. Ms. Dixie Swenson, Executive Director of the Gallatin Development Corporation, stated that, included in the Commissioners' packets, was a summary of the loan application submitted by BioScience Laboratories, Inc. She stated that the owners of this business have lived in Bozeman for twenty years, and the company is six years old. She noted that it has sixteen full- time and three part-time employees at the present time. Ms. Swenson stated that the CDBG Economic Development Loan Review Committee . met several times to consider this application, taking into careful consideration the criteria which have been established by the Commission for use of the CDBG Economic Development Revolving Loan Fund monies. She briefly summarized some of the committee's findings, noting that the business is located within the city limits, and significantly more than 50 percent of its revenues come from sales outside the area. She also noted that the cost per job is $3,125, 12-15-97 - 19 - which is significantly lower than the $20,000 maximum allowed by the criteria. She also noted that the proposed match for these funds is 3.6 to 1, which is greater than the 1 to 1 that is required under the criteria. Ms. Swenson stated that the CDSG Economic Development Loan Review Committee . met on November 5, November 17 and December 8 to consider this application, recognizing that it is important to promote the retention and expansion of this high-tech business in the community. As a result of those meetings, the Committee has forwarded a recommendation to the Commission that, rather than approving the $100,000 loan requested from the CDBG Economic Development Revolving Loan Fund, they approve a $50,000 loan subject to two conditions: (1) that the bank has confirmed its continued commitment to loan monies to the business and (2) that the applicants have obtained $50,000 in new cash equity from other sources. Ms. Marsha Paulson, applicant, stated that she and her husband own the business. She noted her appreciation for the careful consideration which the Committee gave to the application, however, she asked that the Commission consider approving the loan in the . amount requested. She stressed that the entire amount requested is needed to generate the cash flow needed at this time to keep the business viable. She then noted that six of their employees are present at this meeting. Responding to Mayor Stueck, Mr. Steve Wheeler, First Interstate Bank, confirmed that the bank is still committed to a $130,000 loan to the company. He also confirmed that the business needs $100,000 in addition to that loan to meet its cash flow needs. He noted that, in the past couple of years, the company has been forced into a slowdown while dealing with the Food and Drug Administration (FDA). He characterized the company as doing good quality work, noting that they have the ability to generate monies and create jobs in the community. Further responding to Mayor Stueck, Mr. Wheeler stated that the company currently . needs short-term working capital. He noted that they have viable contracts with some major pharmaceutical companies around the country which will help to sustain the company once they pass the current crisis. Responding to Commissioner Frost, Mrs. Paulson stated the company "has some feelers out" for additional monies but, to date, she has received no affirmative responses. She then stated that her father, who lives in Helena, has loaned the company $11,115.00, for 12-15-97 --.-- ------,,- - 20 . which he has indicated a willingness to accept stock, and $17,450.00, for which he has indicated a willingness to accept assignment of a contract with a major pharmaceutical company. She further stated that, on October 1, the company settled with a company for which they had done work in 1995. She then stated she is not sure how long it will take to . gain the revenues necessary to meet the $50,000 requirement recommended by the Committee. She then submitted a letter signed by Daryl S. Paulson, dated December 15, listing the "new" cash equity which the company has obtained to date. Responding to Commissioner Stiff, Ms. Swenson stated that the application submitted to the CDBG Economic Development Loan Review Committee was for $100,000. She reiterated that the Committee's recommendation is that, rather than loaning the entire amount from the Revolving Loan Fund, only $50,000 should be loaned with the remaining $50,000 in new cash equity coming from other sources. Dr. John Mitchell, Director of Quality Assurance for BioScience Laboratories, Inc., stated that the business and its operations have undergone a very, very thorough investigation by the Food and Drug Administration (FDA), and they have found that BioScience is one of the . best companies in the country at what they do. He noted, however, that the stigma associated with an FDA investigation has created some problems for the company, and they are currently trying to overcome that barrier at this time by rebuilding what was once a very successful company. He stated that the requested loan will allow for the rebuilding necessary to begin moving forward once again. Dr. Mitchell stated that 98 percent of the revenues for this business come from outside the area, resulting in new monies to Bozeman. He noted that these monies are then used to fund the company payroll, with most of those monies then being spent in the community. He concluded by encouraging the Commission to approve this application, noting that these monies will provide the working capital for the business to "get ahead of the curve". . Dr. Daryl Paulson, applicant, stated that he started the company in a storeroom in the basement of the Medical Arts Building, as an offshoot of Skyland Scientific, where he had worked for ten years. He noted that when he started the company, he did everything himself but, now that the company has grown, he has hired a full-time Director of Sales and has devoted his time to the laboratory. He characterized the business as a clean, high-quality, high 12-15-97 - 21 - tech business--the type which Montana has hoped to attract. He noted that, except for the secretarial staff, most of the employees have college degrees in either biology or microbiology. Dr. Poulson stated that this company develops cutting edge hospital products, including pre-surgery products. He concluded his presentation by encouraging the Commission to . approve this application, stressing that they need the $100,000 requested to ensure the continued viability of the company. Responding to Commissioner Frost, Mr. Steve Wheeler stated that the bank does not view the forgiveness of debt as new cash, stating that new cash is what the company needs. He also noted that these loans are being "forgiven" by a relative. He then reiterated that the bank has been behind the company since it started, and will continue to work with them. Responding to Mayor Stueck, Mr. Wheeler stated that, based on the past history of the company, he feels the City will be repaid in less than seven years if it approves this loan. Responding to Commissioner Stiff, Mr. Wheeler stated that representatives from the bank have not discussed increasing its commitment beyond $130,000. He recognized that, if the City does not approve the $100,000 loan requested, the bank officers may need to take . a careful look at whether they would consider increasing the amount of its loan. Mr. Rick Semers, accountant for BioScience Laboratories, stated that he began working for the company on July 1. He stated that the company has "turned the corner", and its financial picture has substantially improved over the past five months. He noted that the requested loan will help the company complete its financial turn around, making it viable once again. He concluded by encouraging the Commission to approve the requested loan, characterizing it as a short-term commitment which will keep the business operating in Bozeman. Mr. Michael Douglas, Director of Sales and Marketing, stated that he has been with the company for three years. He noted that when he started working for the company, they had . seven to eight clients and sales of $ Y2 million; today, the company has sixty clients and sales of close to $1 million, and they are gaining clients at a rate of two to three per month. He noted that the company is recognized as the leading laboratory in the country for what they do. He encouraged the Commission to approve the requested loan, noting that it will help them to take the final steps in the turn around they need to once again be viable. 12-15-97 ---.-- . .-.---- - 22 - Responding to Commissioner Youngman, Ms. Dixie Swenson stated that BioScience Laboratories needs $100,000 to match the $130,000 loan from the bank to generate the revenues they need to become financially solvent again. She stated that, in the judgment of the CDBG Economic Development Loan Review Committee, the company needs monies that . it does not need to repay rather than additional debt. She then stated that the Committee recognized the importance of ensuring that this business remains viable and in Bozeman, noting that it was difficult for them to reach a decision. Commissioner Rudberg feels this is the type of situation for which the CDBG Economic Development Revolving Loan Fund monies should be used, and this is the type of business about which the Commission is always talking. She noted that the business owners have been residents of the community for twenty years, and the business is six years old. She also noted that it provides good jobs for the community, and the Commission should take steps to ensure that it stays here, including approval of the $100,000 loan requested. Commissioner Rudberg then stated she feels the company has met the intent of the Committee's request that they find $50,000 in other funding with the forgiveness of two loans, . since those are monies that do not need to be expended. Mayor Stueck stated his support for the requested loan, noting that this is the type of business that should be promoted in Bozeman. He suggested that, with the new facilities being constructed at Montana State University and with BioScience Laboratories being a recognized leader in the bioscience laboratory field, Bozeman could benefit in the future. Representative Rod Marshall forwarded his support for this application and encouraged the Commission to approve the loan. He then indicated that, as a Legislator and former business owner, he feels that this application meets the guidelines of the CDBG economic development loan program. Commissioner Frost stated he is impressed with the fact that the business owners have attempted to raise $50,000, as requested by the CDBG Economic Development Loan Review . Committee. He also noted that, since the bank is willing to loan monies to this company, it seems to be less risky than some of the loans which have been previously requested. He then stated that, with Item Nos. 2 through 5, as enumerated in Dixie Swenson's memo dated December 11, approval of the requested $100,000 loan is appropriate. 12-15-97 ~ 23 ~ Responding to concerns raised by Commissioner Rudberg, Ms. Swenson stated it is not uncommon to include the provision that the owners' total compensation cannot change without prior written approval to ensure that the proceeds from the loan are used for the intended purpose. . Dr. John Mitchell stated that, as a member of the BioScience Laboratories, he is aware that Dr. and Mrs. Poulson have put everything they have into the business and have put their personal wants and needs on hold to ensure the viability of the business. He forwarded his interest in seeing them gain personally as quickly as they can, and not be restricted by this requirement. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission approve the $100,000 loan from the Community Development Block Grant Economic Development Revolving Loan Fund requested by BioScience Laboratories, Inc., subject to the following conditions: 1. The continued commitment of $130,000 from First Interstate Bank; 2. The terms of the loan include (a) payment of interest only in the first . year; (b) interest initially set at the rate of 8 percent and then adjusted annually thereafter to maintain rate 3 percent below the First Interstate rate; and (c) that the loan terms shall be renegotiated no later than February 15, 1999, with the total length of the loan not to exceed seven years and the interest rate to be established between 5 percent and 11 percent; 3. Copyrights will be used to secure the City of Bozeman loan in addition to the collateral listed on Page 2 of the application summary; and 4. The conditions of the loan include (a) monthly financial statements to be submitted to the Gallatin Development Corporation; (b) full payment of the loan of BioScience Laboratories is sold; and (c) the owners' total compensation cannot be changed without prior written consent. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No, none. . Consent Items City Manager Johnson presented to the Commission the following Consent Items. ADDlication for Kennel License - Gillian and Rick Ward. 108 North Yellowstone Avenue - Calendar Year 1997 12-15-97 ____.___m__ - 24- ADDlication for Kennel License ~ Georae Zanck, 110 Teton Avenue ~ Calendar Year 1997 Commission Resolution No. 3219 - certifyina delinauent assessments as of December 1. 1997. to County COMMISSION RESOLUTION NO. 3219 . A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING ANNUAL AND SEMI-ANNUAL SPECIAL ASSESSMENT INSTALLMENTS DUE AND PAYABLE NOVEMBER 30, 1997, AND UNPAID AS OF DECEMBER 1, 1997, DELINQUENT, PURSUANT TO SECTION 7-12-4183, MONTANA CODE ANNOTATED, AND AS PROVIDED BY CHAPTERS 2.32 AND 3.04 OF THE BOZEMAN MUNICIPAL CODE, AND DIRECTING THE DIRECTOR OF FINANCE TO CERTIFY THE SAME TO THE GALLATIN COUNTY TREASURER FOR COLLECTION. Authorize Mayor to sign - Findinas of Fact and Order - Master Plan Amendment - amend land use element in 1990 Bozeman Area Master Plan Uodate to initiallY classify 148.05 acres in the SW%. Section 2, T2S. R5E. as "Urban Residential Infill" (between Durston Road and West Oak Street extended. west of Smith Annexation) Commission Resolution No. 3220 - amendina the land use element in 1990 Bozeman Area Master Plan Uodate to initially classify 148.05 acres in the SW%. Section 2, T2S. R5E. as "Urban Residentiallnfill" (between Durston Road and West Oak Street extended. west of Smith Annexation) . COMMISSION RESOLUTION NO. 3220 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE 1990 BOZEMAN AREA MASTER PLAN UPDA TE BY CHANGING THE ENTRYWAY CORRIDOR CLASSIFICATION IN THE NORTH 19TH AVENUE/WEST OAK STREET CORRIDOR MASTER PLAN FROM CLASS I TO CLASS II ALONG THE EAST SIDE OF NORTH 19TH AVENUE ADJACENT TO PORTIONS OF MAPLE TERRACE SUBDIVISION AND HOMESITES SUBDIVISION. Acknowledae receipt of reauest from Ed McCrone. The Mill. Ltd.. for modification of Annexation Agreement to remove reauirement for connection to City sewer in coniunction with further develoDment of the site; refer to staff for review and recommendation Authorize Mayor to sign - Findinas of Fact and Order for Dreliminary Dlat for Villaae Greens Townhouses - subdivide 2.77 acres known as Lot 62 and a Dortion of Lot 58. Bridaer Creek Subdivision. Phase I. into 18 townhouse residential lots and realign common boundary between subiect lots (1050 Boylan Road) . ADDroval of final plat for Bozeman Interfaith Housina II (subdivide 9.764 acres located in the SE%. Section 11. T2S. R5E. MPM into four residential lots) - south side of 3300 block of West Babcock Street Authorize City Manager to sian - Water PiDeline and Access Easement and Aareement with Harrinaton ComDanv - across Lot 2. Minor Subdivision No. 71. located in the SE%. Section 9. and NE%. Section 16. T2S. RGE. MPM (new Harrington Distributing Center site in BurruD Annexation) 12-15-97 - 25 - Authorize City Manaaer to sian - Sewer PiDeline and Access Easement and Agreement and Water Piceline and Access Easement and Aareement with Gallatin County - 30-foot-wide easement across COS No. C-41-C. located in the SW%. Section 6. T2S. R6E. MPM (at Fairgrounds) Amend exciration dates for aCDointees to City-County Health Board to coincide with exciration dates contained in Interlocal Agreement . between the City and the County Authorize Mayor to sian - Findings of Fact and Order - creliminary clat for Crescent Valley Minor Subdivision - subdivide 21.369 acres known as COS No. 1510 into three lots for residential and office condominium uses - (along east side of Ferauson Avenue between Fallon Street and West Babcock Street) Authorize City Manager to sian ~ Professional Services Aareement with Thomas. Dean & Hoskins. Inc. - improvements to West Beall Street between North 23rd Avenue and North 25th Avenue (SID No. 664) Authorize City Manager to sign - Sewer and Water Pice line and Access Easement and Agreement - Thomas R. and Cathleen C. Wood - 30- foot-wide easement across cortion of Lot 1. Sourdouah Creek Procerties. Subdivision No.2. located in SE%. Section 30. T2S. R6E. MPM (along Goldenstein Road near West Hitchina Post Road) Authorize excenditure of $1.135.56 from CDBG Economic Development Revolving Fund to cover additional costs incurred in needs assessment survey . Authorize City Manaaer to sian ~ Aareement with Montana Decartment of Environmental Ouality - demonstratina the feasibilitv of usina recycled glass as an aaareaate in the croduction of base course aravel and hot mix aSDhalt for acplication on roadways (DEO Contract No. 280046) Claims It was moved by Commissioner Stiff, seconded by Commissioner Frost, 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 Stiff, Commissioner Frost, Commissioner Youngman, Commissioner Rudberg and Mayor Stueck; those voting No, none. Ordinance No. 1455 - amending the zoning desianation from "AS" (Aaricultural Suburban) to "R-3" (Residential--Medium-density) on aDcroximately 160 acres located in the NW%. Section . 2. T2S. R5E. MPM (between West Oak Street extended and Baxter Lane. west of Rose Park) Included in the Commissioners' packets was a copy of Ordinance No. 1455, as approved by the City Attorney, entitled: ORDINANCE NO. 1455 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, AMENDING THE BOZEMAN ZONE MAP'S ZONING DISTRICT 12-15-97 -.------- - ---- -- . ...---.---- .-- - 26 - DESIGNATIONS BY AMENDING THE ZONING DESIGNATION FROM "AS" (AGRICULTURAL SUBURBAN) TO "R-3" (RESIDENTIAL--MEDIUM-DENSITY) ON APPROXIMATELY 160 ACRES LOCATED IN THE NORTHWEST ONE- QUARTER, SECTION 2, TOWNSHIP 2 SOUTH, RANGE 5 EAST, MONTANA PRINCIPAL MERIDIAN. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that . the Commission provisionally adopt Ordinance No. 1455, amending the zoning designation from "AS", Agricultural Suburban, to "R-3", ResidentialnMedium-density, on approximately 160 acres located in the Northwest One-quarter, Section 2, Township 2 South, Range 5 East, Montana Principal Meridian, and direct the Clerk to bring it back in three weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. Ordinance No. 1456 - establishina an initial zoning desianation of "R-2A" (Residential--Sinale- familv. Medium-densitv) on approximatelv 148.05 acres located in the SW ~. Section 2. T2S. R5E. MPM (Between Durston Road and West Oak Street. west of Smith Annexation) Included in the Commissioners' packets was a copy of Ordinance No. 1456, as . approved by the City Attorney, entitled: ORDINANCE NO. 1456 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE BOZEMAN ZONE MAP'S ZONING DISTRICT DESIGNATIONS BY ESTABLISHING AN INITIAL ZONING DESIGNATION OF "R-2A" (RESIDENTIALnSINGLE-FAMIL Y, MEDIUM-DENSITY) ON APPROXIMATELY 148.05 ACRES LOCATED IN THE SOUTHWEST ONE- QUARTER, SECTION 2, TOWNSHIP 2 SOUTH, RANGE 5 EAST, MONTANA PRINCIPAL MERIDIAN. It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the Commission provisionally adopt Ordinance No. 1456, establishing an initial zoning designation of "R-2a", Residential--Single-family, Medium-density, on approximately 148.05 acres located in the Southwest One-Quarter, Section 2, Township 2 South, Range 5 East, Montana Principal Meridian, and direct the Clerk to bring it back in three weeks for final . adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost and Mayor Stueck; those voting No, none. 12-15-97 - 27 - Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1 ) Letter of resignation from the Bozeman Beautification Advisory Board, dated . December 5, as submitted by Mike Vincent. (2) Memorandum from the Gallatin County Sheriff's Department, dated December 5, forwarding the CJIN/NCIC Audit Results. (3) Minutes of the meetings of the Gallatin County LEPC, held on October 23 and November 20, 1997. (4) Draft minutes ofthe Bozeman Beautification Advisory Board, held December 2, 1997. (5 ) Agenda for the Gallatin County Commission meeting, to be held at 1 :30 p.m. on Tuesday, December 16, in the Community Room. (6) Agenda for the Development Review Committee meeting, to be held at 10:00 a.m. on Tuesday, December 16, in the Commission Room. . (7) Agenda for the City-County Planning Board meeting, to be held at 7:00 p.m. on Tuesday, December 16, in the Commission Room. (8) The City Manager submitted his weekly report, as follows. (1) Stated that he and Administrative Services Director Miral Gamradt have been working on the capital improvement program budget, which is to be distributed to the Commissioners at next week's meeting. He stated that review of the document is scheduled to begin during the first work session in January. (2) Attended a meeting at Senator Burns' office on Wednesday, along with Assistant City Manager Brey and Commissioner Rudberg, to discuss infrastructure needs. (3) Announced that Mr. Craig Roloff, MSU, gave a presentation to the Parking Commission at its meeting on Thursday morning regarding their parking plan. He recognized that the University's customers are different from those in the downtown area, and those differences . must be taken into consideration when reviewing the information from MSU. (4) Participated in the local government presentation to Leadership Bozeman last week. He noted that many of those participating in the program live outside of Bozeman but work in Bozeman every day, and they are acutely aware of the impacts they have on the City's services. (5) Attended the Chamber After Hours activities last week, noting that it provides a wonderful opportunity for 12-15-97 __.._____n.____u_."u_ ----------- - 28 - networking with people. (6) Attended the Bozeman Watershed group meeting on Friday, noting it was a productive meeting with a lot of consensus being developed by a very diverse group. (7) Attended a meeting with representatives from the Chamber of Commerce, Montana Department of Transportation and federal Department of Transportation regarding the visitors' . center. (9) The City Manager stated that he received a letter this afternoon from attorney Joe Sabol, representing the Boys and Girls Clubs and the Gallatin Valley Humane Society, regarding the Planning Director's interpretation that those types of facilities cannot be constructed on PLI-zoned land. Following discussion, the City Manager indicated that he will ask the Planning staff and Mr. Sabol for written comments on why such facilities should or should not be allowed on PLI-zoned land, and that information will be included in the Commissioners' packets for an upcoming meeting. (10) Assistant City Manager Brey submitted the following. (1) Met with parking enforcement staff to review issues surrounding enforcement of parking regulations and discuss . the new ticket writing system. He noted that, once all of the issues have been discussed, staff may forward suggestions to the Parking Commission for revisions to some of those regulations. (2) Attended the Parking Commission meeting on Thursday morning. (3) Attended a task force meeting on Thursday evening to review the data gathered on the potential of marketization for some of the City services. He noted that the committee was developed to provide some outside perspective to the issue, in an effort to determine whether marketization is feasible for a community the size of Bozeman. He stated the committee will meet again in January, after members have had an opportunity to review the information gathered to date. He noted that this exercise should also provide the City with some valuable information for changing the budgeting process and measures of workloads in the future. (4) Sat as a judge on a panel for fifth year design students. He noted that the students spent ten days in San Francisco, after . which those chose a specific area and design problem and developed a design solution. He stated that his role on the judge's panel was the City Manager of San Francisco, and his review of the solutions was from that perspective. (11 ) City Attorney Luwe submitted the following. (1) Stated that the brief for the Montana Supreme Court was finished and mailed today, and is available for review by any 12-15-97 - 29 . interested Commissioners. (2) Announced that he judged the final round of the debate competition at the High School last week, noting the debate was well done and close. ( 12) Commissioner Youngman stated that she judged some of the earlier rounds of the extemporaneous speech and oratory events. She noted that these high school students . gave very high quality speeches. ( 13) Commissioner Rudberg stated that she has received contacts from Design Review Board members who were concerned about a Commissioner not only attending a project review at last week's meeting, but participating in the discussion as well. She noted that, while it is appropriate for a Commissioner to attend a board or committee meeting, she does not feel it is appropriate for a Commissioner to make any comments about a project until it is before the Commission. Commissioner Frost stated that he did attend the last Design Review Board meeting and went to the table to review the plan because it was not posted on the board. He stated that he also asked a question, but did not forward his views. Commissioner Rudberg expressed concern about a Commissioner suggesting that a . board submit a request to the Commission for funding of a particular item, citing the Beautification Advisory Board discussion about the hiring of a volunteer coordinator as an example. Commissioner Youngman stated that at the Beautification Advisory Board meeting, they asked about the possibility of Parks and Recreation coordinating volunteer efforts, and that led to discussion about several other options. Recess - 5:40 D.m. Mayor Stueck declared a recess at 5:40 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings. . Reconvene - 7:00 D.m. Mayor Stueck reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings. 12-15-97 ---. - 30 - Public hearing - Commission Resolution No. 3213 - intent to imDlement a 3-Dercent increase in base rate in water rate schedule This was the time and place set for the public hearing on Commission Resolution No. 3213, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3213 . A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ORDERING A PUBLIC HEARING BE HELD ON A PROPOSED THREE PERCENT (3.0%) INCREASE IN THE WATER RATE CHARGED TO CUSTOMERS OF THE MUNICIPAL WATER SYSTEM. Mayor Stueck opened the pUblic hearing. Mr. Walt Martel, President of the Bozeman Property Owners' Association, submitted a letter dated December 15, indicating that the Association feels the proposed 3-percent increase is reasonable. Distributed just prior to the meeting was a letter from Adam Armold, who owns property at 616 South 8th Avenue, and notes from a telephone call of opposition from Anne Lossing, who owns a four-plex at South 11 th Avenue and West Dickerson Street. These comments pertain to both this hearing and the next public hearing. . Since there no Commissioner objections, Mayor Stueck closed the public hearing. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission approve a 3-percent increase in base rate in water rate schedule, and direct staff to bring back a resolution enacting the new rates. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No, none. Public hearing - Commission Resolution No. 3214 - intent to imDlement a 3-Dercent increase in base rate in wastewater (sewer) rate schedule. and increase the surcharae rate to 45 Dercent This was the time and place set for the public hearing on Commission Resolution No. 3214, as approved by the City Attorney, entitled: . COMMISSION RESOLUTION NO. 3214 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ORDERING A PUBLIC HEARING BE HELD ON A PROPOSED THREE PERCENT (3.0%) INCREASE IN THE WASTEWATER (SEWER) BASE RATE CHARGED TO CUSTOMERS OF THE MUNICIPAL WASTEWATER (SEWER) SYSTEM AND A PROPOSED INCREASE FROM THE EXISTING TWENTY -FIVE PERCENT (25.0%) SURCHA RGE TO A FORTY -FIVE PERCENT (45.0%) SURCHARGE. 12-15-97 ---- --.- .----.-.-..... --.--.-- -.-..----- - 31 - Mayor Stueck opened the public hearing. Mr. Walt Martel, President of the Bozeman Property Owners' Association, submitted a letter dated December 15, indicating that the Association feels the proposed 3-percent base rate increase is reasonable. He stated that the Association also recognizes the negative . position of the wastewater fund due to the Bozeman Solvent Site clean-up; however, it questions the need to increase the surcharge an additional 20 percent. He requested that, if the surcharge is increased, it include an expiration date or time limit and a provision for annual reviews. He also suggested that the condition of the wastewater fund should be reviewed at the conclusion of existing litigation since a favorable decision could accelerate the financial recovery of this fund. He stressed the importance of ensuring that the surcharge in this fund be removed immediately upon recovery of the fund, rather than allowing it to remain in place. He concluded by characterizing the Association's position as being "cautiously supportive" of the increases proposed under this resolution. Mr. John Tyers, 314 West Villard Street, asked if the City has pursued the possibility of seeking federal or state funds available for remediation of super fund projects, rather than . asking the taxpayers and homeowners in the community to bear all of the costs of the Bozeman Solvent Site. Ms. Shirley Powell, 8 Teton, stated she feels a 45-percent surcharge is excessive. She then asked what the proposed surcharge is designed to address. Mr. Jim Cannata, 608 West Babcock Street, stated that he attended the last wastewater rate increase hearing, at which Commissioner Stiff adamantly supported a 60- percent surcharge with the understanding that a higher surcharge would address the financial problems and could be more quickly removed. He forwarded his opposition to the proposed increase in the surcharge, stating that he feels he is being singled out to pay for the contamination created by a dry cleaner, particularly since he has not used a dry cleaning facility in over thirty years. He forwarded his position that if the community is required to bear the . costs, the group of people paying should be expanded to include the entire county, since the subject property was not even in the city limits when the problems began. Mr. Cannata likened his being asked to pay the surcharge to being penalized for committing no crime. He concluded by stating that the note on the water and sewer bills is misleading, particularly since the current bills include a 25-percent surcharge. 12-15-97 -----..------ - 32 - Mr. Louis Barrett, 1712 South Willson Avenue, commended the City for the installation of new traffic signals around the community, characterizing them as a "tremendous safety feature". He noted that the residents of the community support those items which they can readily see, but they are less supportive of those items they cannot see. He asked the . Commissioners to remember those retirees on fixed incomes as they consider the proposed increase in the surcharge, stressing that large increases are a drain on those individuals. He noted that two widows living close to him have recently sold their homes because they could no longer afford the increasing prices and the increased difficulties of maintaining those homes. He reminded the Commission that those with low incomes are as impacted by increases as many of those on fixed incomes. He encouraged the Commissioners to consider different options for funding this clean-up, which many people do not understand. He then questioned why the residents should be required to bear the costs of cleaning up the pollution that "somebody else should be responsible for". Mr. Sam Rogers, 1323 Manley Road, encouraged the Commissioners to carefully consider the input of the two previous speakers, particularly since someone else put the . solvents in the system. He questioned whether the work to be funded with the proposed surcharge increase is necessary and encouraged the Commissioners to think about the issue for six months before implementing any increase. He also encouraged the Commission to carefully look at what is being required by the EPA, questioning the need, rather than simply doing what they require. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. Administrative Services Director Miral Gamradt responded to several of the questions which had been raised during the public hearing. He stated that when the 25-percent surcharge was implemented approximately 1 % years ago, it included the provision that it would be sunsetted after five years, on the anticipation that the fund would be fully recovered at that . time. He noted, however, that the costs are significantly higher than originally projected. He also cautioned that, even after the fund has recovered from its negative cash position, an 8- percent surcharge will still be needed through 2015, to cover the costs of monitoring. He assured those in attendance that if the fund recovers because of unanticipated revenues, the surcharge will be removed prior to its deadline. He stressed that the surcharge is designed to 12-15-97 --.--.----- _ _ ___n______ - 33 - cover the Bozeman Solvent Site costs, and no more monies will be recovered than have been expended. The Administrative Services Director stated that the City's outside legal counsel has explored all possible sources of funding, and continues to pursue all possible reimbursement . opportunities. The Administrative Services Director noted that the Commission considered several different scenarios when it implemented the 25-percent surcharge. He stressed that, because of their concerns about the impact the surcharge would have on the residents, it implemented a lower percentage over a longer period of time. He stated, however, that because of the increased costs and the need to address the wastewater fund's deficit cash position, the Commissioners have determined that increasing the percentage of the surcharge is essential at this time. City Attorney Luwe stated that since the Bozeman Solvent Site is located within city limits and since the City owns the sewer line from which the contamination leaked, it has been identified as one of the parties responsible for paying for the clean-up under strict liability laws. . He noted that once the clean-up has been completed, the Court will decide the amount for which the City is responsible, and the City's cooperation at this time could result in a more favorable decision later. Administrative Services Director Gamradt recognized that not everyone has an $11 base sewer bill, but that is an average for residential use before the surcharge is applied. He noted that the notice on the water bill was not designed to misrepresent the costs of an average bill. The Administrative Services Director stated that at June 30, the City's wastewater fund was $731,000 in the hole, and the City must react to that deficit to ensure that its overall financial standing is not negatively impacted. He noted that staff has recommended the lowest increase possible to ensure that the financial issues are addressed while minimizing the impact . on residents, particularly those on low incomes or fixed incomes. Responding to Commissioner Youngman, the Administrative Services Director stated that failure to address the existing deficit position in the wastewater fund could lead to difficulties in selling bonds or incurring other indebtedness for needed capital projects or could lead to paying significantly higher interest rates on any indebtedness incurred. 12-15-97 - .- ---------- - 34 ~ Responding to Commissioner Frost, City Attorney Luwe confirmed that the City is simply following the requirements of the federal and state laws in cleaning up the Bozeman Solvent Site, and will be responsible for its fair share of the costs, and that includes long-term monitoring of the site and the attendant costs. He cautioned that if the City fails to do what . is required, the State could take the City to court and, if successful, get triple the costs in penalties plus costs. He further stated that, through cooperation with the State, the City could receive a more favorable Court decision when the responsibility for costs is finally determined. Responding to Commissioner Stiff, the Administrative Services Directorconfirmed that the deficit position of the wastewater fund is impacting the City's financial reports for other funds, citing the audit report for the water fund for Fiscal Year 1996-1997, which was received in this afternoon's session, as an example. Mayor Stueck stated he did not support a 60~percent surcharge when the 25-percent surcharge was implemented, and he does not support implementing a 45-percent surcharge now. He noted that at the present time, the Department of Environmental Quality has not made a determination on the RIFS that has been filed, and it is not known what will be required . of the City in the future. He suggested that if, in fact, there is a change in requirements, it could dramatically impact the costs involved, and the City could find the increased surcharge is generating excessive revenues. Responding to questions from Mayor Stueck, the Administrative Services Director stated that the existing 25-percent surcharge will not bring the wastewater fund back to a zero balance within the next three years because the expenditures for the Bozeman Solvent Site have been greater than projected. He then reiterated that the City will recover no more monies from the surcharge and other sources of revenue than it has expended on the solvent site. At Commissioner Frost's request, the Administrative Services Director reiterated that the surcharge will remain in effect for no more than 3 Y2 years, under the provisions of the 25- . percent surcharge previously adopted. He also reiterated that after the wastewater fund has recovered its financial condition, an a-percent surcharge is to remain in place through the year 2015, to cover the projected costs of monitoring. He then indicated that once the fund has recovered, it will take sixty to ninety days to terminate the surcharge. He confirmed that, despite the wastewater fund's negative cash position, the City's overall cash position is positive because all funds are pooled. He cautioned, however, that this fund's negative 12-15-97 - 35 - position can impact the other funds and the City's overall financial condition. He then reminded the Commissioners that if they so choose, they can subsidize the wastewater operations with general fund property tax revenues. Commissioner Stiff noted that City staff is currently preparing a capital improvement . program budget document and is attempting to identify funding sources for that document. He stated it is imperative that funding be made available for the needed capital items, and the negative cash position in the wastewater fund makes that extremely difficult. He then stated that, while he is concerned about the impact that this increase in the surcharge will have on residents, he feels it is essential. Mayor Stueck stated he recognizes that the City's financial position must be addressed, but he is not willing to support the proposed increase to do so. Commissioner Frost stated that the Commission has been as shocked about the costs incurred for the solvent site as the public. He recognized that the conversations which the City Manager and Mayor have had with the Governor and the Director of the Department of Environmental Quality may result in decreased costs in the future, but he feels the condition . of the wastewater fund must be addressed before it negatively impacts the other funds and operations. Following a brief discussion, Commissioner Youngman suggested that, to provide a greater assurance for the public, the Commission include a mandatory annual review of the wastewater fund, in a public process, in addition to the sunset provision. City Manager Johnson suggested that annual review of the wastewater fund can be easily accommodated during the budgeting process. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission approve a 3-percent increase in base rate in wastewater (sewer) rate schedule, and increase the surcharge rate to 45 percent, and direct staff to bring back a resolution enacting the new rates, with those rates and the financial condition of the wastewater fund to be . reviewed on an annual basis. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost and Commissioner Youngman; those voting No being Commissioner Rudberg and Mayor Stueck. 12-15-97 - 36 - Public hearina - Commission Resolution No. 3212 - intent to vacate 4th Avenue S.E. (Ida Avenue) along the east side of Blocks 22. 23 and 24. Electric Heights Addition. and the west side of Lots 1-4. Block 1. Graf's First Subdivision. Second Filing This was the time and place set for the public hearing on Commission Resolution No. 3212, as approved by the City Attorney, entitled: . COMMISSION RESOLUTION NO. 3212 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO VACATE AND ABANDON THAT 30-FOOT-WIDE BY APPROXIMATELY 996.6-FOOT-LONG PORTION OF 4TH AVENUE S.E. (IDA AVENUE) LYING ALONG THE EAST SIDE OF BLOCKS 22, 23 AND 24, ELECTRIC HEIGHTS ADDITION, AND ALONG THE WEST SIDE OF LOTS 1 THROUGH 4, BLOCK 1, GRAF'S FIRST SUBDIVISION, SECOND FILING, IN THE CITY OF BOZEMAN, MONTANA. Mayor Stueck opened the public hearing. Assistant City Manager Ron Brey stated that the Gallatin Valley Land Trust has requested the vacation of a 30-foot-wide by 996.6-foot-long section of the Ida Avenue right-of- way adjacent to and approximately one lot width west of Highland Boulevard, south of the Hillcrest Retirement Home, on behalf of Simgraf Corporation, one of the property owners . adjacent to that segment of roadway. He stated this request is being made in exchange for the Simkins Spur Trail, which goes down the face of the ridge to Sourdough Road. He noted that City administration feels the execution of the easements for that trail should be required in conjunction with any vacation of this road right-of-way. Mr. Chris Boyd, Assistant Director of the Gallatin Valley Land Trust, encouraged the Commission to approve this requested road right-of-way vacation. He noted that, in exchange for the vacation, the City will receive easements from the Simkins and Graf families, at no cost to the City, for the Simkins Spur Trail, which has been a well-used trail since its development. He stated that the Ida Avenue right-of-way ends in the middle of a field and runs along the back yards of some of the homes in Graf's First Addition, Second Filing. He stated that moving the trail from the road right-of-way to its location along the edge of the ridge was in everyone's . best interests, since the property owners desired additional privacy and those using trails typically wish to avoid walking in what appears to be someone's back yard. He stressed that, in exchange for the vacated road right-of-way, the City will receive the trail easement at no cost. He further noted that much of the legal work in conjunction with the easements has been completed by a member of the Graf family, thus saving the City staff time and expense. He 12-15-97 ... -- - 37 - further noted the surveying of the trail and the trail surfacing materials have been donated, thus saving those costs as well. Mr. Boyd stated that the trail crosses the Lozano family's driveway, and they have expressed concern to the Gallatin Valley Land Trust about the safety concerns that this . situation raises. He stated that the Gallatin Valley Land Trust has worked with them and installed signs on the trail to warn trail users that they are crossing a private drive which exits onto Sourdough Road. Mr. Boyd assured the Commission that the Graf family and the Simkins family are prepared to execute the trail easements as soon as the Ida Avenue right-of-way is vacated, in a simultaneous action. He stated that they have further asked for assurance that the 20-foot- wide trail easement will be counted toward future parkland dedication requirements as more of their properties are developed, and requested that the Commission include this provision in its action. He stated the alternative would be to wait for the trail dedication until a development plan is submitted and, in the meantime, people could continue to trespass across private property as they use the spur trail that has been developed. . Mr. Boyd stated that this trail spur has been adopted by the Greater Yellowstone Coalition and, under that program, it must be cleaned and maintained a minimum of twice each year. Mr. Boyd forwarded his personal thanks to Mayor Stueck for the work he has done to promote the development of trails around the community. He noted that in several instances, the Mayor talked to the landowners before the Gallatin Valley Land Trust approached them, and that has made the process much easier and more successful. Mr. Ed Lozano, 1924 Sourdough Road, stated that, as Mr. Boyd indicated, they were assured that signs would be posted to mitigate their concerns about the safety of trail users crossing their driveway. He stated, however, that the signs which have been posted say "Caution private drive", and they are totally unsatisfactory. He noted that their house is on a . hillside and, once they start down the hill from their house, it is often impossible to stop for a pedestrian, dog or bicyclist. He asked, on behalf of himself and other residents along Sourdough Road in similar situations, that the City take steps to ensure that those using the driveways are protected as well as the trail users who cross the driveways. He asked that this 12-15-97 - ----- - 38 - include more adequate signage on the trail, possibly with "stop" signs posted along the trail at the driveways. Mr. Lozano stated that he is concerned about the closing of streets anywhere in the community, noting he feels that streets already available should continue to remain available. . He noted that Bozeman is full of cul-de-sacs and loops, and he feels it is important to retain all of the through streets possible. Mr. Russ Tuckerman, Chairman of the Gallatin Valley Land Trust Trails Committee, stated his support for the requested street vacation, stating that he feels it is in the best interests of the adjacent property owners, the trail users, the community as a whole and the City. He stated that he travels Sourdough Road on a daily basis, and he sees a lot of happy users of the trail. He suggested that, through a change in signage, the concerns raised by Mr. Lozano can be satisfactorily addressed. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. Mayor Stueck stated that the Parks, Open Space and Trails Committee has talked . about the signage along the trail. He then noted that the signs that do exist are not oriented toward the trail and suggested that they be turned 90 degrees. He stated, however, that this is an issue that can be addressed administratively rather than through Commission action. Assistant City Manager Brey cautioned that the Commission cannot legally agree to include the condition suggested by Mr. Boyd under which the trail dedication would be credited toward any future requirement for dedication of parkland in conjunction with a residential development. City Attorney recommended that, if the Commission wishes to act favorably on this request, it should direct staff to bring back an ordinance vacating the street right~of-way upon execution and acceptance of the trail easements. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that . the Commission approve the request to vacate a 30-foot-wide by 996.6-foot-long portion of Ida Avenue along the east side of Blocks 22, 23 and 24, Electric Heights Addition, and the west side of Lots 1 through 4, Block 1, Graf's First Subdivision, Second Filing, and authorize and direct staff to bring back an ordinance vacating the right-of-way upon execution and acceptance of the trail easements for the Simkins Spur Trail. The motion carried by the 12-15-97 -..--..........--..-...- - 39 - following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. . Public hearina - intent to annex 89 + acres described as cas No. 1988 under Title 7. ChaDter 2. Part 46 (along west side of Manlev Road. extending north from Griffin Drive to the East Gallatin River) - Tablerock Ventures. Inc. (689 Manlev Road) (A-9706A) This was the time and place set for the public hearing on a request to annex 89::t acres described as Certificate of Survey No. 1988 under Title 7, Chapter 2, Part 46, as requested by Tablerock Ventures, Inc., under Application No. A-9706A. The subject property is more commonly known as 689 Manley Road and is located along the west side of Manley Road, between Griffin Drive and the East Gallatin River. Mayor Stueck opened the public hearing. Associate Planner Chris Saunders presented the staff report. He reminded the Commission that this parcel was the subject of a previous application for annexation, under the State statute provisions for annexation of contiguous land; however, at that time, it was . determined the subject parcel is not contiguous to city limits because of the railroad right-of- way. At that time, the Commission directed staff to work with the applicant to identify the correct annexation process for this property, and it has been determined Part 46, annexation by petition, is the appropriate section. As a result, the applicant has resubmitted his application for annexation, with the required petition. Staff has reviewed this application in light of the 4 goals and 11 policies established under Commission Resolution No. 3137, and the comprehensive staff findings are contained in the written staff report which was included in the Commissioners' packets. The Associate Planner stated that this staff report is essentially the same as the staff report submitted during the previous process, with some adjustments to reflect the zoning changes which have been approved by the Commission, contingent upon annexation. . The Associate Planner reviewed the surrounding zoning designations and land uses, which include public lands and institutions for the East Gallatin Recreation Area, suburban residential and agricultural suburban designations which have been developed with single-family residences, and industrial zoning and development along the south side of the property, along 12-15-97 - 40 - Griffin Drive. He noted that the property to the west is in open space and is managed by the Department of Fish, Wildlife and Parks. Associate Planner Saunders stated that a conceptual plan for development of the site has been submitted. He stated, however, that one more piece of information is required before . it is considered a complete submittal and can be processed. The Associate Planner briefly highlighted the staff findings for each of the four goals and eleven policies, as set forth in the staff report. He stated that, because of the amount of traffic it is anticipated the development of this subject property will create, paving of Manley Road will be required in conjunction with that development. He noted that the zoning, as previously approved by the Commission, is in compliance with the master plan. He stated that one sewer main crosses the subject property while another sewer main is located near the southern boundary of the property, and the applicant proposes to loop the water line from the main which is also located near the southern boundary. He reminded the Commission that the Water and Sewer Superintendent has expressed concern about whether the City crews will be able to provide adequate maintenance of these extensions, and a copy of his comments have . been attached to the staff report. Associate Planner Saunders forwarded staff's conclusion that the application meets a majority of the goals and policies contained in the annexation policy and, with the nine recommended conditions, will meet all of the goals and policies. He stated that one letter of opposition was received today, from Mr. Arthur V. Wittich, dated December 15, 1997, a copy of which has been distributed to the Commissioners. He then noted that Mr. Vosti has assured him that the agricultural uses of the subject property have been terminated with his purchase of the property. He stated that a review of the records at the Gallatin County Clerk and Recorder's Office reveal that ownership of the property was transferred on October 10, 1997, and the petition for annexation was dated October 22, 1997. On that basis, he stated that . staff feels the issue of agricultural use of the property has been adequately addressed. Mr. Dale Gillespie, representing Mr. Larry Vosti, the applicant, reiterated that, with the change of ownership, the agricultural uses have been terminated and the fences have been removed. He further noted that no wheat has been planted, and the only current uses of the property are the one residence and the woodworking shop. He further noted that, written into 12-15-97 -..-----." .--. - - 41 - the buy/sell agreement for the property is the stipulation that all agricultural uses of the property were to cease upon closing. Mr. Gillespie stated that the applicant is interested in proceeding with a proposal for subdivision and development of the subject property. He further reminded the Commissioners . that they have previously indicated an interest in annexing this parcel if an appropriate section of the code could be identified, and he feels it has been. He also noted that the Commission has already approved rezoning of the property, contingent upon annexation. He stated that the residents in the immediately area have continually opposed any changes to this property and, in fact, have sought delays in the process as well as filing an application for a zone code amendment which could impact development of this property. He encouraged the Commission to approve the annexation of this property and allow the applicant to move forward with plans for its development. Mr. Art Wittich, attorney representing a number of people opposed to the annexation of the subject property, stated that in Montana, it is easy to say in October that the land is no longer used for agricultural purposes, stressing that last summer it was used for agricultural . purposes. Mr. Wittich suggested that Part 46, annexation by petition, is not the appropriate section under which to consider annexation of this property; rather, Part 47, annexation with the provision of services, is more appropriate. He noted that under that section, a better plan is required, and everyone would know more about the costs involved and who would be responsible for them. On that basis, he asked that the Commission step back from proceeding any further with this process, and require the applicant to proceed under Part 47 instead. Responding to Commissioner Frost, the Associate Planner stated that improvements to Manley Road between Mcllhattan Road and Griffin Drive are anticipated. He noted that the extent to which this developer will be responsible for the improvements between the bridge and Mcllhattan Road is dependent upon the amount of traffic from his development projected to use . that portion of the roadway. He then indicated that the amount of participation required by other residents along Manley Road will be dictated by the boundaries of any special improvement district that might be created for improvements to this roadway. Commissioner Youngman stated it bothers her to require residents who are satisfied with the existing dirt road to participate in the costs of paving that road. She stressed that 12-15-97 -------. .-.-......-..-.- ...-...- .__.___n_...... - 42 - they are not generating the need to pave the road and, on that basis, she does not feel they should be required to bear the costs. City Attorney Luwe reminded the Commission that the State statutes establish the method for creating a special improvement district and the options for assessing the costs. He . stated that if the Commission wishes, it may add conditions to satisfy the concerns raised. Responding to questions from Commissioner Youngman, the City Attorney stated that under Part 46, the Commission may impose whatever conditions it feels are necessary to ensure that the impacts created by the annexation are adequately mitigated, and the annexation agreement may contain whatever provisions the Commission feels are essential. He cautioned that Part 47 requires many procedural issues and requires certain plans to be developed; and the City's options are significantly reduced under that section. He also cautioned that proceeding under Part 47 could result in additional costs to the City, depending on the type of plan developed. Responding to questions from Mr. Sam Rogers, 1323 Manley Road, Associate Planner Chris Saunders confirmed that the applicant will be required to pay for improvements to Manley . Road adjacent to his property. He then stated that there is already a significant amount of traffic on Manley Road between Mcllhattan road and the bridge, much of which comes from the subdivisions to the north and, if it is determined that development of this subject property will increase that traffic volume, the applicant may also be required to participate, at a pro rata level, in the improvements to that portion of the roadway as well. Responding to Commissioner Frost, City Attorney Luwe stated he feels that Part 46 is the appropriate section under which to proceed with annexation of this property, although he recognized that Part 47 could also be used. He cautioned that the annexation procedures set forth in each section of the Montana Code Annotated are individual procedures and cannot be combined. Commissioner Frost stated he feels the Commission should terminate this proceeding . under Part 46 and require that the applicant come back with an application under Part 47, stating he feels that that section of the code, particularly when combined with the goals and policies in the City's annexation policy, will lead toward a better procedure for this property. He characterized this parcel as an island that will impact the properties to the north. He also expressed concern that the paving of Manley Road will lead to increased speeds in what is still 12-15-97 -..---.--."'... --- - --- . - 43 - a rural area. He then stated that the City has "a lot on its plate in other places" where some of its resources are being required and, on that basis, he cannot support this proposed annexation. Mayor Stueck noted that the East Gallatin Recreation Area creates a significant . amount of traffic. He also noted that one of the major general contractors in the State has his office, shops and warehouse at the junction of Manley Road and Mcllhattan Road. He stated that, given this property's proximity to a major recreation area and the industrial area on Griffin Drive, he cannot view this as an island. He stated, rather, it appears to be a logical extension of the city and, therefore, supports the requested annexation. Commissioner Youngman stated that, while she can hesitantly support proceeding to the next step in the annexation process, when the annexation agreement comes back, she is unsure about whether she will support it. She recognized that this application does meet the criteria for annexation, as set forth in the City's annexation policy and the State statutes. She stressed, however, that this is a sensitive area, surrounded to a large extent by agricultural suburban land that has been developed with single-family residences on large tracts. She . stated the City must be very careful in developing an annexation agreement that includes some of the provisions in the Valley West annexation agreement, including the protection of taxpayers. She noted that the zoning which has been previously approved for this property, contingent upon annexation, has been identified as appropriate for the property and the area and will result in a mixture of uses and densities that has been deemed reasonable and desirable for the community. City Attorney Luwe assured the Commission that staff will follow the format of the annexation agreement for the Valley West Annexation when preparing the annexation agreement for this property. He noted that once the agreement has been prepared and is submitted to the Commission for consideration, they may then accept the agreement or add any conditions they feel are essential to address any concerns or issues which have been . identified. Responding to concerns raised by the Commission, the Associate Planner assured the Commission that Manley Road is a road by petition and, therefore, the problems encountered with West Babcock Street will not be encountered here. He then stated that, with this annexation, the City will acquire the west half of Manley Road to the north edge of the subject 12-15-97 - 44- property, and the County will retain the east side of the road and that portion of Manley Road between the north edge of this property and Mcllhattan Road. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. . It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the Commission authorize and direct staff to bring back an annexation agreement for 89:1: acres described as Certificate of Survey No. 1988 under Title 7, Chapter 2, Part 46, requested by Tablerock Ventures, Inc., for review and possible action by the Commission. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No being Commissioner Frost. Continued Dublic hearina - Zone Code Amendment - amend Sections 18.04.510 and 18.54.100.E.2.. Bozeman Municipal Code. to modify the definition of net residential density and the calculation of residential density for PUDs - Greg Gianforte. 1320 Manley Road (z- 97156) . This was the time and place set for the continued pUblic hearing on a zone code amendment, applied for by Greg Gianforte, 1320 Manley Road, under Application No. Z-97156, to amend Sections 18.04.510 and 18.54.100.E.2. of the Bozeman Municipal Code, to modify the definition of net residential density and the calculation of residential density for PUDs. Mayor Stueck opened the public hearing. City Manager Johnson noted that, included in the Commissioners' packets, was a letter from the applicant requesting that this public hearing be continued to January 5, 1998, since he is out of town at this time. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission continue this public hearing to 3:00 p.m. on Monday, January 5, 1998, as requested by the applicant. The motion carried by the following Aye and No vote: those . voting Aye being Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Stueck; those voting No, none. Adjournment - 8:45 D.m. There being no further business to come before the Commission at this time, it was 12-15-97 - 45 - moved by Commissioner Frost, seconded by Commissioner Youngman, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Rudberg, Commissioner Stiff and Mayor Stueck; those voting No, none. . ( ~~ [ /!;~ DON E. STUECK, Mayor ATTEST: ~OJ~ R IN L. SULLIVAN.. - Clerk of the Cammission . . 12-15-97