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HomeMy WebLinkAbout1996-09-03 Minutes, City Commission -.--..-.. ---.-- __n_ _ .._.._. MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA September 3, 1996 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, September 3, 1996, at 3:00 p.m. Present were Mayor Stueck, Commissioner Rudberg, Commissioner Stiff, Commissioner Frost, Commissioner Youngman, City Manager Wysocki, 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 - August 5. 1996 It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the minutes of the meeting of August 5, 1996, be approved as amended. 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. Mayor Stueck deferred action on the minutes of the meetings held on November 20 and December 4, 1995, and August 12 and August 19, 1996, to a later date. Reauest for extension of imcact fee deadline on building cermit for University Acartments. 1800 West Kaav Boulevard - Bin Chang (2-95141) Planning Director Andy Epple reviewed Mr. Bin Chang's request, as forwarded in his memo dated August 21. He noted that Mr. Chang has requested a waiver from the collection of impact fees for his University Apartment project at 1800 West Kagy Boulevard. He provided background information on this project, noting that the application for building permit was . submitted prior to the March 23, 1996, deadline established by the Commission. He stated that, due to extenuating circumstances, however, Mr. Chang will be unable to draw his building permit prior to the September 23 deadline which was also established by the Commission. The Planning Director forwarded staff's recognition that some extenuating circumstances do, indeed, exist in this situation. He stated, however, that rather than granting the applicant's 09-03-96 ----- - 2 - request for waiver of the impact fees, staff would prefer that the Commission grant a 90-day extension to the deadline for drawing of a building permit, so that the applicant has until December 23 to do so, provided that he has begun construction on the infrastructure improvements prior to September 23. . Responding to Mayor Stueck, the Planning Director stated that if the sewer improvements are not begun within the proposed timeline, he feels the issue can be resolved through agreements, waivers or financial guarantees, so that the building permit may be drawn by the proposed December 23 deadline. Responding to Commissioner Stiff, the Planning Director stated he recognizes and shares the Commissioner's concerns about precedent. He assured the Commission, however, that he does not believe this will set an undesirable precedent that could be used for other projects. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission approve an extension of the deadline for acquisition of a building permit without incurring impact fees for the University Apartments, located at 1800 West Kagy Boulevard, as requested by Bin Chang, to December 23, 1996, provided construction of infrastructure . improvements has been started by September 23, 1996. 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. 1428 - amendina Section 10.32.410. Bozeman MuniciDal Code, to revise structure for overtime Darkina fines Submitted to the Commission just prior to the meeting was a copy of Ordinance No. 1428, as approved by the City Attorney, entitled: ORDINANCE NO. 1428 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTION 10.32.410 OF SAID CODE; PROVIDING FOR INCREASED . FINES FOR OVERTIME PARKING VIOLATIONS. The City Manager reminded the Commission that this proposed revision in overtime parking fines has been the subject of discussions during the past two Commission meetings. He then recommended that it be provisionally adopted at this time. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission provisionally adopt Ordinance No. 1428, revising Section 10.32.410 of the 09-03-96 -- -- "~. - . -".---=.._-~_._- - 3 - Bozeman Municipal Code to provide for increased fines for overtime parking violations, and direct staff to bring back the ordinance in two week 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. 1429 - amendina Section 12.14.020. Bozeman Municioal Code. to orovide a timeframe for adootion of the annual assessment resolution for tree maintenance district which is the same as State statutes Previously included in the Commissioners' packets was a copy of Ordinance No. 1429, as approved by the City Attorney, entitled: ORDINANCE NO. 1429 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTION 12.14.020 OF SAID CODE; PROVIDING FOR THE SAME TIME FRAME AS STATE STATUTE FOR TREE MAINTENANCE ASSESSMENTS. It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that . the Commission provisionally adopt Ordinance No. 1429, revising Section 12.14.020 of the Bozeman Municipal Code, establishing a timeframe for adoption of the annual assessment resolution for the tree maintenance district which is the same as State statutes, and direct staff to bring the ordinance back in two 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. Preliminary olat for minor subdivision - subdivide 1.109 acres known as Tract 2 and the east 15 feet of Tract 3. Mountain Vista Subdivision. into two lots - Walter and Gretchen Woodhull ( 1915 West Colleae Street) (P-9639) This was the time and place set for review of the preliminary plat for a minor subdivision to subdivide the 1.109 acres known as Tract 2 and the east 15 feet of Tract 3, Mountain Vista . Subdivision, into two lots, as requested by Walter and Gretchen Woodhull under Application No. P-9639. The subject property is more commonly known as 1915 West College Street. Assistant Planning Director Debbie Arkell presented the staff report. She stated the subject property is located at the northeast corner of the intersection of South 20th Avenue and West College Street. She stated that under this application, Lot 1 is to contain 18,000 09-03-96 _...~...~ _" _n'.' ."_ -- ~ ~ - 4 - square feet and is the lot upon which the existing single-family residence on the site would be located; and Lot 2 is to contain 30,000 square feet and would be available for future development. She characterized the site as currently being heavily vegetated with brush and mature trees. . The Assistant Planning Director stated that the existing house on the site is currently served by an on-site well and septic system, although water has been available in South 20th Avenue since the early 1980s. She noted that sewer is not currently available in either West College Street or South 20th Avenue, although the sewer main which serves the apartment complex to the west could be extended to serve the subject parcel. She indicated that the subject property is located within city limits and is currently zoned R-4, which allows high- density residential development, at a density of three to six single-family units per acre or at a density of six to fifteen multi-family units per acre. She noted that any development of this minor subdivision, other than a single-family structure, would require site plan review. The Assistant Planning Director stated that the Development Review Committee has reviewed this application, and forwarded its recommendation that water and sewer services . be extended to the site, and that the applicant be responsible for determining how that is to be accomplished. She noted that the applicant has requested subdivision without providing sewer service to the site; rather, that the sewer be extended when the property is developed. She reminded the Commission that extension of water and sewer services is typically required in conjunction with subdivision, citing examples where such services were not extended to very large tracts until they were further subdivided for development. Assistant Planning Director Arkell stated that the City-County Planning Board conducted its public hearing on this application at the August 20 meeting. At that meeting, the applicant agreed to all of the conditions recommended by staff except Condition No.4, which requires the extension of sewer service to both lots prior to final plat approval. She forwarded the . applicants' arguments that South 20th Avenue is a paved street and that they do not plan to develop the second lot. The Assistant Planning Director noted that the Commission had directed the Engineering staff and the Planning staff to obtain additional information regarding the sewer mains in that immediate area. She noted that, in a supplemental memo dated August 28, she has forwarded the information gathered during additional research. In the City Engineer's files, she found that 09-03-96 ---.--.. . .--.-.------ -. ~--:----_._- - -----. - -----..- ..-...--- - 5 - in 1982, Mr. Cowdrey extended the sewer main from its terminus under SID No. 456 to his property. She noted that the south end of that sewer main is not located within an easement; therefore, if the Woodhulls wish to connect at that point, they must first obtain an easement. She noted that the sewer main further north is located within an easement, and the City . Engineer has indicated that connections may be made to that main without approval from Mr. Cowdrey. She noted that, while the issue of pay backs was discussed, no payback agreement was created in conjunction with this main extension. She indicated that Mr. Cowdrey has confirmed the Woodhulls opted not to participate in extension of the sewer main because of the costs they would have incurred. Assistant Planning Director Arkell forwarded Mrs. Woodhull's position that the City should be responsible for extending its sewer main to her property. She further contends that, since she does not intend to develop Lot 2, she should not be responsible for installing the water and sewer services; rather, the future developer should be required to do so. The Assistant Planning Director stated that staff has reviewed this preliminary plat in light of the criteria established in the Montana Code Annotated, and their comprehensive . findings are contained in the written staff report. She noted that, following its review of those criteria and the public hearing, the City-County Planning Board concurred with staff's recommendation for approval, subject to six conditions, which include the requirement to connect the subject lots to City services. The Assistant Planning Director stated that, as a result of discussions last week, Mrs. Woodhull has recognized it would be possible to sell Lot 2 into escrow prior to final plat approval, with the condition that the purchaser/developer be responsible for the extension of City services to the subject lot. In that light, she noted that the applicant does not seem to be as opposed to Condition No.4 as she was. Mr. Charles Swart, consulting engineer representing the applicant, indicated a willingness to respond to questions. . At Mayor Stueck's request, the Assistant Planning Director reviewed the locations where the sewer mains are located within easements and where they are not. Responding to Commissioner Frost, the Assistant Planning Director stated that the final plat must be filed within three years of approval of the preliminary plat, and all conditions must be met prior to that filing. She noted that the applicant may request a one-year extension and, 09-03-96 - 6 - if necessary, yet another one-year extension. She reminded the Commission that, as an alternative to installing the improvements, the applicant may choose to provide a financial guarantee. Responding to Commissioner Stiff, City Attorney luwe stated it is the applicant's . responsibility to obtain all easements needed to extend sewer service to the subject property. It was moved by Commissioner Rudberg, seconded by Commissioner Stiff, that the Commission approve the preliminary plat for a minor subdivision to subdivide the 1.109 acres known as Tract 2 and the east 15 feet of Tract 3, Mountain Vista Subdivision, into two lots, as requested by Walter and Gretchen Woodhull under Application No. P-9639, subject to the following conditions: 1. The final subdivision plat shall address all applicable requirements of the Bozeman Area Subdivision Regulations; conform to the Standards for Final Subdivision Plats of the Bozeman Area Subdivision Regulations and Montana Subdivision Platting Act; contain all appropriate certificates; and be accompanied by all appropriate documents, including a Platting Certificate. In particular, the Certificate of County Treasurer must be amended, and a Certificate of Improvements added. Two cloth back, two mylar and a digital copy of the plat must be submitted for final plat review; . 2. Approval of the subdivision by the Subdivision Program of the State Department of Environmental Quality shall occur prior to final subdivision plat approval, pursuant to Sections 16.16.101 through 16.16.805, ARM; 3. Twenty-foot-wide utility easements shall be provided on the final plat, with the easements centered along the side and rear of all lot lines wherever possible; 4. City of Bozeman sanitary sewer services shall be extended to serve both lots. Plans and specifications for the main extension, prepared and signed by a professional engineer (PE) licensed in the State of Montana, shall be provided to and approved by the City Engineer and the Montana Department of Environmental Quality (DEQ). The subdivider shall also provide professional engineering services for construction inspection, post- construction certification, and preparation of mylar record drawings. Specific comments regarding the existing and proposed infrastructure shall be provided at that time. Construction shall not be initiated on the public infrastructure improvements until the plans, specifications and shop drawings have been approved and a preconstruction conference has been conducted. . The sewer main extension shall be constructed or financially guaranteed prior to final plat approval. No building permit will be issued for lot 2 prior to City acceptance of the infrastructure improvements; 5. The existing residence shall connect to City water and sewer services at the time sewer service is available. The existing well may then be used for irrigation purposes only. The existing septic tank and drainfield shall be pumped, filled or removed, with the work certified by the subdivider's professional engineer, prior to final plat approval; and 09-03-96 ----.-- -. .---- .. ____..__._..n_...__ - 7 - 6. The subdivider/property owner shall provide and file with the final plat an executed waiver of right to protest the creation of special improvement districts for street improvements to West College Street, including paving, curb/gutter, sidewalk and storm drainage. The waiver shall specify that in the event SIDs are not utilized for the completion of the project, the property owner(s) shall agree to participate in an alternate financing method for completion of said improvements on a fair share, proportionate . basis as determined by square footage of the property, linear front footage of the property, taxable valuation of the property, or a combination thereof. The 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. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Letter from Florence Groth, 701 South Willson Avenue, dated August 27, encouraging the Commissioners to adopt restrictions on dogs in public places. . (2) Letters from the Montana Department of Transportation, dated August 27, announcing that the City's application for CTEP monies for the South Third Avenue path, Bozeman Ponds trails and landscaping of the entryways have been approved. (3) Memo from Impact Fee Coordinator Chris Saunders, dated August 28, forwarding a six-month review of impact fees, along with a tabulation of the fees collected to date (4) Letter of resignation from the Board of Adjustment, as submitted by Frank Boschi, dated August 30, 1996. (5) Calendar for Career Transitions activities for the period September 9 through October 9, 1996. (6) Minutes from the Historic Preservation Advisory Commission meeting held on July 23, 1996. . (7) Minutes from the Montana Transportation Commission meeting held on June 4 and 5, 1996 in Hamilton and the telephone meeting held on July 9, 1996. (8) Agenda for the County Commission meeting which was held at 1 :30 p,m. today at the Courthouse. 09-03-96 ----- - - - 8 - (9) Agenda for the Development Review Committee meeting which was held today at 10:00 a.m. in the Commission Room. (10) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Wednesday, September 4, in the Commission Room. . (11 ) The City Manager submitted his weekly report, as follows. (1) Noted that street improvement projects are coming to a close for the summer. (2) Noted the rush for residential parking stickers as MSU students return for classes. (3) Met with representatives from the County regarding space allocations and improvements for the 9-1-1 dispatch area. He also noted that efforts are being undertaken to run an electrical conduit for plugging in vehicles during the winter months. (4) Reminded the Commissioners that the League of Cities and Towns Convention is to be held in Kalispell on October 9 through 11. He reminded them that this is an elected officials group and encouraged all interested Commissioners to attend. (5) Met with property owners along North 19th Avenue regarding water lines and other improvements. (6) Reviewed the landscape plans for the North 19th Avenue interchange with staff . (7) Noted that the Hospital submitted its application three days late, and it was given . to the Development Review Committee during their meeting earlier today. He stated that, if at all possible, this application is to be considered at the October 1 City-County Planning Board meeting. (8) Stated he does not plan to attend this evening's Commission meeting because it is his Father's last day in town. He indicated that City Attorney Luwe will serve as the Acting City Manager. ( 12) Commissioner Frost read a copy of signs posted in parks in a community in Colorado, reminding people that they are to clean up after their dogs, noting that similar signs could be considered in Bozeman. ( 13) Commissioner Frost noted that he has received a copy of a letter indicating the Cemetery Board does not intend to meet with the Recreation and Parks Advisory Board, and asked if any of the Commissioners have any additional information. . Mayor Stueck responded that he will be chairing an informal meeting on Thursday afternoon which will include members of both the Cemetery Board and the Recreation and Parks Advisory Board, staff members and another Commissioner. He stressed that the purpose of this meeting is "only to start the wheels turning". 09-03-96 .....---.-- -.- ...-... - 9 - (14) Commissioner Rudberg submitted the following. (1) Attended the Development Review Committee and Design Review Board meetings last week. (2) Attended the day-long training session on community policing. (3) Attended the Bozeman School District staff assembly. (4) Forwarded her thanks to Assistant Planner Chris Saunders for his memos in this . week's packets, noting they are very easily read and understood. (4) Publicly apologized to City Attorney Luwe for being wrong. (5) Noted the Commissioners have not received copies of minutes from the Bicycle Advisory Board meetings; Commissioner Liaison Frost responded he has not received any copies, either, but he will check into the matter. (6) Noted that the last newsletter from the Montana Municipal Insurance Authority contained an excellent article on why candy is not to be thrown from vehicles and floats during parades, and suggested it might be more broadly distributed so that others recognize the risks. (7) Announced that she and Commissioner Youngman will attend the Downtown Bozeman Association meeting tomorrow morning. (8) Stated she has received a number of telephone calls from people concerned about vehicles parking along the north side of West Main Street, just east of North 19th Avenue. She asked if it would be possible paint the curb and designate it as a "no . parking" zone, to allow ample room for right turns. (15) Commissioner Rudberg noted that the minutes from the Historic Preservation Advisory Commission indicate they are contemplating an increase in their membership, and asked if the Commission needs to take any steps before that can be accomplished. City Attorney Luwe cautioned that an ordinance change is needed before the number of members can be increased. Commissioner Rudberg suggested that the HPAC consider appointment of ex officio members as an alternative. ( 16) City Attorney Luwe stated that when he worked in Billings, the Council passed an ordinance which prohibiting the tossing of candy during parades because children were . running under vehicles. He indicated that if this Commission is interested in adopting a similar ordinance, he will prepare one for consideration. ( 17) Mayor Stueck submitted the following. (1) Stated his appreciation for the quick response from County crews in posting 35-mile-per-hour speed limit signs and crosswalk warning signs for the new Sacajawea Middle School. (2) Stated he has received several positive comments from the public regarding the Commission's recent discussion on dogs. 09-03-96 --.-- .:r:-r-:-:"""~___ - 1 0 - (3) Encouraged any Commissioners who have questions about the recently-completed survey to contact Ken Weaver and Judy Mathre, at the Local Government Center. He noted that a recent conversation with them helped him to better understand the information contained in the report. . Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Commission Resolution No. 3140 - levving and assessina aarbage assessments for Fiscal Year 1997: set Dublic hearina for SeDtember 16. 1996 COMMISSION RESOLUTION NO. 3140 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING SOLID WASTE COLLECTION FEES, AND LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALL Y EXEMPTED, TO DEFRA Y THE COST AND EXPENSE OF COLLECTING, REMOVING AND DISPOSING OF SOLID WASTE UNDER THE PROVISIONS OF ORDINANCE NO. 1323, AS AMENDED BY ORDINANCE NO. 1367, OF THE CITY OF BOZEMAN MUNICIPAL CODE. Commission Resolution No. 3141 - levyina and assessing liahting district . assessments for Fiscal Year 1997: set Dublic hearina for SeDtember 16. 1996 COMMISSION RESOLUTION NO. 3141 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING MAINTENANCE AND ELECTRICAL CURRENT COSTS FOR SPECIAL IMPROVEMENT LIGHTING MAINTENANCE DISTRICTS OF THE CITY OF BOZEMAN. Commission Resolution No. 3142 - leyyina and assessing delinauent garbaae assessments for Fiscal Year 1996: set Dublic hearing for SeDtember 16, 1996 COMMISSION RESOLUTION NO. 3142 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE OF COLLECTING, REMOVING AND DISPOSING OF SOLID WASTE. . Commission Resolution No. 3143 - levYing and assessina delinauent sewer charges for Fiscal Year 1996: set Dublic hearing for SeDtember 16. 1996 COMMISSION RESOLUTION NO. 3143 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALL V EXEMPTED, TO COLLECT DELINQUENT SEWER CHARGES PLUS COSTS AND EXPENSES 09-03-96 ---------.- - -.--- .--- --- -----.------ ----.- - 11 - INCURRED BY THE CITY OF BOZEMAN, AS PROVIDED FOR IN SECTION 7-13-4309, MONTANA CODE ANNOTATED. Commission Resolution No. 3144 - levyina and assessing delinauent snow removal charaes for Fiscal Year 1996: set public hearing for SePtember 16. 1996 . C OMMISSION RESOLUTION NO. 3144 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO DEFRAY THE COST AND EXPENSE FOR REMOVAL OF SNOW AND ICE FROM SIDEWALKS IN THE CITY OF BOZEMAN UNDER THE PROVISIONS OF CHAPTER 12.24 OF THE CITY OF BOZEMAN MUNICIPAL CODE. Commission Resolution No. 3145 - levying and assessina delinauent weed mowina charaes for Fiscal Year 1996: set public hearing for September 16. 1996 C OMMISSION RESOLUTION NO. 3145 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONT ANA, TO COLLECT WEED CUTTING OR EXTERMINATING CHARGES PLUS COSTS AND EXPENSES INCURRED BY THE CITY OF BOZEMAN, AS PROVIDED FOR IN SECTION 7-22-4101, MONTANA . CODE ANNOTATED AND CHAPTER 8.36 OF THE BOZEMAN MUNICIPAL CODE. Authorize Mayor to sign - Findings of Fact and Order - three-lot minor subdivision of Tract 8. Perkins and Stone Addition (Ed Adamson. 424 North Rouse Avenue) (P-9628) Authorize Mayor to sian - Findings of Fact and Order - preliminary plat for Wheeler Mobile Home Park Subdivision - allow expansion of existina mobile home park to create a total of 46 "lots" for rent or lease (Steve McGough. north side of 2700 block of West Babcock Street) (P-9620) Authorize Mayor to sign - Findinas of Fact and Order - preliminary olat for Bridaer Creek Subdivision. Phases II and III - subdivide 56.6 acres into 47 single- family residential lots and 1 condominium residential lot in Phase II and 44 single-familY residential lots in Phase III (P-9601) Authorize Mayor to sign - Findings of Fact and Order - preliminary olat for two-lot minor subdivision on Tract A-1-A-2. COS No. 1243C. located in the NW%. Section 15. T2S. R5E. MPM - Montana State University Foundation. Inc. (P-9606) . Authorize City Manaaer to sign - Change Order No.1 - 1994 Water Renovation and Repair Program. Johnston Excavating. Inc.. Bozeman. Montana - add $16.918.57 and 0 calendar days Authorize expenditure of $2.500.00 from the City Commission's "other" line item as matchina grant for Gallatin Valley Tomorrow Ratify Impact Fee Coordinator's decision to not assess imoact fees on develoDment of three proDosed retail/office building structures as apcroved under maior site Dlan for North 19th ProDerties ( 11 03-11 07 Reeves Road West) 09-03-96 ~ - 12 - AcceDtance of settlement offer submitted by Commercial Union Insurance for City of Bozeman versus Commercial Union Insurance Comvany re Bozeman Solvent Site: authorize City Manager to sian - Settlement Agreement Authorize City Manager to sign - AcceDtance of Pedestrian Access/Traffic Sianal Conduit Easement - Intermountain DeyelODment. Inc. - northwest corner . of Rearranaement of Elks Club ProDertv. Tract 5B-2 ( 1324 East Main Street) Authorize cancellation of stale-dated checks and warrants. ver letter from Assistant Finance Director. dated Auaust 23. 1996 Award bid - 1995 Sidewalk Revair Proaram - Concrete SDecialties. Inc.. Bozeman. Montana. in the bid amount of $34.459.30 Building Insvection Division revort for July 1996 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. . Recess - 3:40 v.m. Mayor Stueck declared a recess at 3:40 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 v.m. Mayor Stueck reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Public hearing - COA with deviations from Sections 18.24.050. 18.50.060. 18.50.070. 18.50.120. and 18.65.050.A-F. BMC. to allow 2.240-sa.ft. exvansion on west side and 2,430-sq.ft. exvansion on east side of Senior Center to encroach into setbacks: fence to . exceed 4 feet in front yard: allow on-street varkina svaces: and freestandina sian to remain (807 North Tracy) (Z-9665) This was the time and place set for the public hearing on the Certificate of Appropriatenesswith deviations from Sections 18.24.050, 18.50.060, 18.50.070, 18.50.120. and 18.65.050.A-F of the Bozeman Municipal Code, as requested by the Bozeman Senior Center, under Application No. Z-9665, to accommodate a 2,240-square-foot expansion on the 09-03-96 - ..---.....--- .....-.- -.-.....---- - 13 - west side and a 2,430-square-foot expansion on the east side of Senior Center, which is located on portions of Blocks 33 and 34, Imes Addition. The subject property is more commonly located at 807 North Tracy. Mayor Stueck opened the public hearing. . Assistant Planning Director Debbie Arkell presented the staff report. She reviewed the five deviations, as follows: 1. From Section 18.24.050, to allow the addition on the east end of the building to encroach 6 feet 2 inches into the required 25-foot front yard setback; 2. From Section 18.50.060, to allow the patio on the east side of the addition on the east end of the building to encroach 3 feet into the required 20-foot front yard setback for patios; 3. From Section 18.50.070, to allow a 6-foot-high hedge/fence in the front yard setback along North Tracy Avenue, which exceeds the 4-foot-high maximum allowed; 4. From Section 18.50.120, to allow on-street parking spaces to be used to meet minimum parking needs until adequate on-site parking can be provided; and 5. From Section 18.65.050.A-F, to allow the existing low-profile, . freestanding sign to remain. The Assistant Planning Director stated that, typically, when a parcel is located on a corner lot that one side be designated as the front and the other side be designated as the corner side yard. She noted that the setbacks for a corner side yard would then be set at a minimum of 15 feet, based on the setbacks on the adjacent lot. She stated that, since the adjacent lot is a City park without buildings, the perceived setback is 25 feet for that lot, therefore, staff was unable to designate the North Tracy Avenue frontage as a corner side yard; and the 25-foot front yard setback must be applied. Assistant Planning Director Arkell indicated that the addition to the west end of the building is to allow for expansion of the dining room facilities, and the addition to the east end of the building is to allow for development of an adult day care facility and upgrading of the . wellness clinic and program. She noted the subject property is located in a neighborhood conservation overlay district, on property zoned "R-4", Residential--High Density. She stated that the proposed 6-foot-high fence/hedge is to serve as screening for those in the adult day care who are using the patio and to ensure their safety. 09-03-96 .--- -.---- --- ---. - ----.-- -- - 14 - The Assistant Planning Director stated that under the requested deviations, the on-street parking spaces are to be used to meet the parking requirements until a proposed shared parking lot is constructed on the south side of the building, to serve both the Senior Center and Centennial Park. She noted that the subject parcels are City properties and, at the present . time, neither the Senior Center nor the City has sufficient funds available to construct the proposed parking lot. She recognized that when the parking lot is developed, the off-street parking requirements will be met. She stated that the existing low-profile, freestanding sign, while it meets the zone code requirements for signage in a business zone, is not allowed in a residential zone. She characterized the sign as attractive, noting that it is important to retain adequate signage to identify the facility. Assistant Planning Director Arkell stated that staff has reviewed this application in light of the criteria for deviations, and the staff's findings are contained in the written staff report. She stated that the Design Review Board considered this application at their August 13 meeting and, following review of the proposal, forwarded a recommendation for approval, subject to two conditions. She reviewed those conditions, noting that one is the boilerplate condition . while the other requires that the applicant provide evidence of a long-term lease with the Fairgrounds for a minimum of 28 parking spaces. She suggested that, given this condition, it appears the Design Review Board has recommended against approval of the fourth deviation. Ms. Judy Morrill, Director of the Senior Center, submitted to the Commission a letter from Sue Shockley, Manager of the Gallatin County Fairgrounds, dated September 3, 1996, assuring the Senior Center that the Fairgrounds may be used for overflow parking for the next ten years, as long as the property serves as the Gallatin County Fairgrounds and as long as space is available. Ms. Morrill noted that the Senior Center has recently received a federal grant for expansion of the Senior Center, noting that with the two proposed expansions, the Center will . be better able to provide services to the senior citizens in the community and the valley. She noted that the larger dining room facilities will more adequately accommodate many of the activities which occur at the Center on a regular basis. She noted that the adult day care facility will be the first in Montana connected with a Senior Center, indicating that it should serve the needs of many families in the county. She characterized the wellness center as a 09-03-96 - 15 - preventative health care program for the seniors. She concluded by encouraging Commission approval of the requested deviations. Since there were no Commissioner objections, Mayor Stueck closed the public hearing. Responding to questions from Mayor Stueck, City Attorney Luwe stated that not . approving the fourth requested deviation does not preclude the use of on-street parking spaces. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission approve the Certificate of Appropriateness with deviations from Sections 18.24.050, 18.50.060, 18.50.070, 18.50.120. and 18.65.050.A-F of the Bozeman Municipal Code, as requested by the Bozeman Senior Center, under Application No. Z-9665, to accommodate a 2,240-square-foot expansion on the west side and a 2,430-square-foot expansion on the east side of Senior Center, which is located on portions of Blocks 33 and 34, Imes Addition, as follows: (1) from Section 18.24.050, to allow the addition on the east end of the building to encroach 6 feet 2 inches into the required 25-foot front yard setback; (2) from Section 18.50.060, to allow the patio on the east side of the addition on the east end of the building to encroach 3 feet into the required 20-foot front yard setback for patios; (3) from . Section 18.50.070, to allow a 6-foot-high hedge/fence in the front yard setback along North Tracy Avenue, which exceeds the 4-foot-high maximum allowed; and (4) from Section 18.65.050.A-F, to allow the existing low-profile, freestanding sign to remain, subject to the following conditions: 1. The applicant shall provide evidence of a long-term lease with the adjacent Gallatin County Fairgrounds for use of a minimum of twenty-eight parking spaces there, prior to the occupancy of the proposed additions; and 2. The applicant shall obtain a building permit within one year of Certificate of Appropriateness approval or this approval shall become null and void. 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. . Public hearina - Commission Resolution No. 3134 - intent to annex O.664-acre Darcel known as a Dortion of Tract B. CDS No. 573. located in the SWY4. Section 13. T2S. R5E. MPM (1705 West Kagv Boulevard) (A-9602) This was the time and place set for the public hearing on Commission Resolution No. 3134, approved by the City Attorney, entitled: 09-03-96 - -.-- - 16 - C OMMISSION RESOLUTION NO. 3134 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARL Y DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF . BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Mayor Stueck opened the public hearing. Senior Planner Dave Skelton presented the staff report. He stated that under this application, the 0.664-acre parcel lying immediately south of the University Apartment project is to be annexed into the city limits. He indicated that the property lies along the north side of Kagy Boulevard, approximately one-quarter mile east of South 19th Avenue, and is more commonly known as 1705 West Kagy Boulevard. He noted that the major site plan to allow 17 duplex units to be constructed under the Univerity Apartments project was recently approved, and City water and sewer services are to be extended to that site. The drainfield for this property, which is owned by Joal Olson, General Partner of Northwood Land and Livestock, is located on the property which is to become the University Apartments, and some . of the improvements for that project will be located on top of the drainfield. As a result, it is essential for the Olson property to be connected to City services, which first requires annexation. The Senior Planner stated this application has been reviewed in light of the eight goals and twelve policies established under Commission Resolution No. 2716, and the staff's comprehensive findings are contained in the written staff report, which was previously submitted to the Commission. He summarized those findings, characterizing this application as being in general compliance with most of those goals and policies. As a result of those findings, staff is recommending approval of the application, subject to four conditions. He reviewed those conditions, noting that the Olsons have expressed concern about Condition No. 1, which requires them to execute waivers of right to protest the creation of special . improvement districts for street improvements to South 19th Avenue and Kagy Boulevard and signalization improvements to the intersections of Kagy Boulevard and South 19th Avenue and Kagy Boulevard and South 11th Avenue. He then distributed to the Commissioners a memo from City Engineer Craig Brawner, dated September 3, in which he indicated that since both Kagy Boulevard and South 19th Avenue are part of the arterial transportation system, and it 09-03-96 - - --- -.- -- ,. ..----- - 17 - is, therefore, not anticipated that special improvement districts will be used as the source of funding for improvements to those roadways. He noted that the City Engineer further recognizes the subject parcel is only 0.664 acres in size, and its proportionate share of any future special improvement district would be very small and, therefore, inconsequential to the . overall district. On that basis, the Senior Planner suggested that, if the Commission wishes, it may delete Condition No.1 if it chooses to approve proceeding with this annexation. Mr. Harlan Olson, 1705 West Kagy Boulevard, indicated a willingness to respond to questions. Responding to Mayor Stueck, he stated a willingness to accept the remaining three conditions as recommended by staff. No one was present to speak in opposition to the requested annexation. Since there were no Commissioner objections, Mayor Stueck closed the pUblic hearing. Responding to Commissioner Youngman, Senior Planner Skelton stated that, because of the unique circumstances, he does not believe that eliminating Condition No. 1 would establish any type of undesirable precedent. He then noted that, without annexation of this . subject parcel, development of the adjacent parcel cannot occur. It was moved by Commissioner Youngman, seconded by Commissioner Rudberg, that the Commission authorize and direct staff to bring back a resolution of annexation upon execution of an annexation agreement and satisfaction of the following conditions: 1. That water rights or cash-in-lieu of water rights in an amount determined by the Director of Public Service be provided in the Annexation Agreement and carried out by the owner prior to the. City Commission adopting the resolution of annexation; 2. That the fire and street impact fees for the existing residence shall be paid concurrently with the annexation of the property. At the time the existing house connects to the City's water and/or sewer facilities, those impact fees shall become due; and 3. That the applicant provide a mylar, record annexation map, prepared by a Montana licensed professional engineer or surveyor, which meets the requirements of the Director of Public Service. . 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. 09-03-96 ....- .---- .....------ - 18 - Joint publiC hearinas - aDDlications for HOME arant monies and CDBG grant monies for multi- familv housina affordable to low and very low income households - Bozeman Interfaith Housing II. Inc. This was the time and place set for the public hearing on an application by Bozeman Interfaith Housing II, Inc. for HOME grant monies and CDBG grant monies for multi-family . housing affordable to low and very low income households. Neighborhood Coordinator/Grantsperson James Goehrung stated that this is a combined public hearing for an application from Bozeman Interfaith Housing, II, Inc., as a Certified Housing Development Organization (CHDO), for a HOME Investment Partnership Program grant and an application sponsored by the City of Bozeman for a Community Development Block Grant (COBG) for a multi-family rental project. He stated that Bozeman Interfaith Housing II, Inc., has hired a consultant to prepare the grant applications, and has hired a construction manager to assist in the initial phases of development. He indicated that the HOME application will be in the amount of $432,000, and the City Commission has previously approved a letter of support for that application. The CDBG grant application will be in the amount of $400,000, and those monies are to be used for installation of infrastructure, including water, sewer and . streets. He reminded the Commissioners that they have previously approved a low-interest loan of $25,000 from its COBG Revolving Loan Fund to secure the land for this project, and Bozeman Interfaith Housing II is currently raising funds for the remainder of the costs through donations by churches and individuals. He noted that the total cost of the project is estimated at $1.2 million, and these grant applications represent a significant match for local funds. The Neighborhood Coordinator/Grantsperson stated that the deadline for the HOME application is September 16 and the deadline for the CDBG application is October 1. He noted that in April, the City held the first required public hearing, to update the community's needs assessment. In light of that public hearing and needs assessment update, Bozeman Interfaith Housing II, Inc., has developed the proposal for these applications, which is to be a 20-unit rental project aimed to serve low and very low income households. The project is to be . developed in two phases, with development of the entire site and the first ten units of housing in the first phase and the remaining ten units of housing in the second phase. The subject property is located on the west side of Bozeman, just north of the Bozeman Ponds. City Attorney Luwe cautioned the Commission that the advertisement for this public hearing indicated that written comment would be received until 5:00 p.m. on September 12. 09-03-96 -------- -- ----- -- --......---...-.-. -. - 19 - He encouraged the Commissioners to accept public input at this time, then continue the public hearing to September 16 so that the written testimony may be included. Mr. Floyd Murray, reported that Bozeman Interfaith Housing II, Inc., is on track for raising the $85,000 needed by October 1 for purchase of the subject property. He noted that . for its first rental project, there were eight churches and 90 people involved and they gave $70,000 for purchase of the property. He noted that the Bozeman Interfaith Housing project at the corner of North 4th Avenue and West Peach Street represents the use of $70,000 to leverage a project totalling over a half-million dollars, and they have received many compliments about that project. He stated that for this project, there are fourteen churches involved and they anticipate 200 to 300 contributors. He indicated that, with the increased awareness about the need for affordable housing for low and very low income families, he anticipates their goal will be easily met. Rev. Glover Wagner, President of Bozeman Interfaith Housing II, Inc., 704 West Arnold Street, noted that many of the donations from his church have been small, but they represent a significant amount to those who are giving. He stated that this proposed development has . broad support. He then introduced those who have been retained to assist with this project, including Barbara Richards as grantwriter, Mike Popiel as construction manager, and Ron Hess as architect. He noted that the Commissioners have previously received a letter from Rev. John Plummer, dated July 30, along with a copy of the brochure describing this project, its costs, and who it is designed to serve. He concluded by encouraging Commission support for these applications. Commissioner Rudberg thanked those who are active in Bozeman Interfaith Housing II. She noted that, in the early stages of this project, she was impressed that she received a card, which was part of a mass mailing, informing the community about the proposal. Mayor Stueck extended his compliments to Bozeman Interfaith Housing for their first project, and to Mr. Popiel for completing the project at or under budget. He recognized that, . through the efforts of Bozeman Interfaith Housing, the Human Resource Development Council, and similar organizations, affordable housing units can become a reality in Bozeman. Mayor Stueck continued the joint public hearings to 3:00 p.m. on Monday, September 16, 1996. 09-03-96 ___u____." ,..._..__. .., .__......._________ ._. ..._. - 20 - Adjournment - 7:35 p.m. There being no further business to come before the Commission at this time, it was 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. {Q ;:Q~~ DON E. STUEC , Mayor ATTEST: (}~J~~ ROBIN L. SULLIVAN Clerk of the Commission . . 09-03-96