Loading...
HomeMy WebLinkAbout1995-08-21 ccm -- MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA August 21, 1995 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, August 21, 1995, at 3:00 p.m. Present were Mayor Vincent, Commissioner Stiff, Commissioner Stueck, Commissioner Frost, City Manager Wysocki, Staff Attorney/Prosecutor Susan Wordal and Clerk of the Commission Sullivan. Commissioner Youngman was absent in compliance with Section 7-3-4322(2), M.C.A. 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 - Auaust 7 and Auaust 14. 1995 Mayor Vincent deferred action on the minutes of the meetings of August 7 and . August 14, 1995, until the September 5 meeting, to allow Commissioner Youngman an opportunity to review them prior to action. Preliminarv Dlat review - Willow Subdivision - allow subdivision of 10.126 acres located in the NE%. Section 11. T2S. R5E. MPM. into 12 lots tor tour-Dlex residential develoDment. 36 tour- Dlex townhouse lots and 1 Dark site - Dave Crotts tor Jessie Margaret Kunda (north side of West Babcock Street. west of Hunters Wav) (P-9532) This was the time and place set for the review of the preliminary plat for Willow Subdivision, as requested by Dave Crofts for Jessie Margaret Kunda, under Application No. P-9532, to allow subdivision of 10.126 acres located in the Northeast one-quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian, into 12 lots for four-plex residential development, 36 four-plex townhouse lots and 1 park site. The subject site is more . commonly located along the north side of West Babcock Street, immediately west of Westgate Subdivision. Planning Director Andy Epple presented the staff report. He stated that the subject 10.123-acre parcel, which is currently vacant, is to be subdivided into lots for 84 dwelling units, with a combination ot tour-plex units and four-plex townhouse units. The access to this 08-21-95 - 2 - subdivision is to be from West Babcock Street, via Michael Grove Avenue; and West Mendenhall Street is to be extended from its current terminus in Westgate Subdivision to the west boundary of this subdivision. The Planning Director stated that under this application, a 15,500-square-foot . parkland dedication is to be provided at the northeast corner of the subdivision. In addition, the applicant proposes to pay a $100-per-lot cash-in-lieu of parkland dedication payment, for a total of $8,400. Planning Director Epple noted that water and sewer services as well as street extensions will be required prior to construction of residences. The irrigation ditch which currently traverses the property, and serves only this parcel, is to be abandoned under this application. The Planning Director entered into the record the letter from the applicant's consulting engineer, dated August 17, in which two issues were forwarded for consideration. The first item pertains to the required looping of the water line; and the second item pertains to cutting of a new street to accommodate extension of water and sewer mains. He noted that the water . and sewer lines end in Hunters Way, rather than being extended to the west property line, as is typically required of developers. The Planning Director stated that under the City's policy, a new street may not be cut for seven years. Under this policy, West Mendenhall Street could not be cut from Hunters Way to its current terminus to connect to the City sewer services; and Commission waiving of that policy is required if the mains are to be extended to this subdivision. He suggested that, given the circumstances and the fact that the cut would be lengthwise rather than a lateral cut, this waiving of the policy would be appropriate. The Planning Director stated that the applicant has indicated the water line in Westgate Subdivision was not looped, but stops in a dead-end situation in Hunters Way. The applicant has also expressed concern about extending the water main to Durston Road to provide a looped system, across property which is not his and which is not currently within the . city limits. He is proposing, instead, to install a hydrant at the north end of the subdivision, to allow for blowing down of the system to avoid stagnant water, if that becomes necessary. The Planning Director noted that under the City's policy, no dead-end water main over 250 feet is allowed; and this subdivision would require a 480-foot line. 08-21-95 . -..---.-- ._ _u__.____.._ ---~---- --- - 3 - Planning Director Epple stated that the City-County Planning Board conducted its public hearing on this application at its August 1, 1995, meeting. At that time, they carefully considered the staff report, taking into consideration the five primary criteria set forth in the Montana Code Annotated. Following their review and public hearing, the Planning Board . recognized this as a credible subdivision application which carries out the panern of medium- density residential development in the area, and forwarded its recommendation for approval, subject to 34 conditions. He noted that under those conditions, the parkland is to be relocated to the northwest corner of the site, where it can possibly be expanded in the future through parkland dedications for the adajcent properties. Responding to Commissioner Frost, the Planning Director estimated the distance to Durston Road from the northern boundary of this parcel at 1,000 to 1,200 feet. Responding to several questions from Commissioner Stueck, the Planning Director stated that the water line cannot be tied back into the north end of Westgate Subdivision without going onto a third party's property. He then indicated that the 250-foot maximum length of a water line is a policy set by the Water Department. He noted that the maximum . length of a cul-de-sac street is 500 feet; and by looping of the water line through an easement, often located between lots, the water line can be extended the full length of that street. Mr. Dave Crawford, Thomas, Dean and Hoskins, consulting engineer, addressed the issue of looping the water main. He noted that water mains need to be extended within street rights-of-way; and the next street right-of-way is Villard Street, which is a substantial distance north of the subject parcel. He cautioned that one of the major problems with the northward extension of the water main is that no plans for future development of that parcel have been prepared to date; and the extension of the water main will essentially determine the location of the street alignment. Mr. Crawford noted that all but the northernmost three lots could be served by a 250- foot water line, which is allowable under the City's policy. He suggested that, from a . reasonableness standpoint, it seems most appropriate to allow the extension of the water line to the northern boundary of the parcel; however, it could also be possible to phase development of the site, with the three northernmost lots and the parkland being developed in the second phase. He stated that the proposed water line extension meets the standards of environmental quality. He emphasized the fact that the 480-foot dead-end water line would 08-21-95 - 4 - be temporary in nature, with the necessary looping being provided as the property to the north develops. He then encouraged the Commission to approve the request for cutting of the street to extend the sewer main through West Mendenhall Street to the subject parcel. Mr. Dave Crawford noted that the units within this subdivision will be 1,150 to 1,450 . square feet in size, with garages and nice yards. The units are designed to be affordable, ranging in the mid-$80,000's. He stated that Mr. Crofts has recently completed eight projects in which the homes have ranged from $89,000 to $95,000, thus demonstrating that development of affordable homes is possible. Responding to Commissioner Stueck, Mr. Dave Crawford recognized that the Human Resource Development Council was required to extend the water line for its development from its property to Durston Road, with those connecting to the line later being required to pay HRDC back for a prorata share. He noted, however, that in that instance, the line would be extended along the North 25th Avenue right-of-way, which was already a dedicated right-of- way. Respondingto Commissioner Frost, Mr. Crawford stated this application was reviewed . by the Development Review Committee. He noted that the policy limiting the length of water lines to 250 feet is an unwritten policy. He recognized the importance of looping water lines whenever possible; however, in this instance, he feels it would be appropriate to allow for a temporary dead-end water line. Responding to questions from Mr. Crawford, Planning Director Epple stated that during review of the Westgate Subdivision, it was anticipated that the property immediately to the north would also be developed within a relatively short period of time. He noted that, on that basis, staff and the Commission were able to support the fact that the water line in that subdivision was a long dead-end line, on an interim basis. Responding to Commissioner Stueck, Mr. Crawford noted that the Babcock Meadows Subdivision contains a permanent 400 or 450-foot-long water line which serves twelve lots. . He then stated that conversations with people in the State offices revealed that if this type of line were being proposed for a small community with a very slow growth rate, problems might be encountered. They noted, however, that with the rapid growth rate that Bozeman is encountering, the installation of a dead-end water line is not so critical because it is anticipated that within a short period of time, the desired looping of the water line will be accomplished. 08-21-95 -.. - ~ - 5 - Commissioner Stueck suggested the possibility of allowing the dead-end water line to be installed with the requirement that a looped water line be provided within a certain period of time. Planning Director Epple stated that is a possibility, noting that such a requirement may . have been included in approval of the Westgate Subdivision. He noted that in that instance the property to the north is already annexed, with a reasonable assurance that it will be developed within the next few years. He stated that the major concern about the current dead-end water line in Westgate Subdivision is the fact that it is 1,600 feet long. Responding to questions from City Manager Wysocki, Mr. Crawford stated that the proposed parkland is to be relocated to the northwest corner of the subdivision, so lots back up to each other at the north end of the site. He stated that if the lots in Westgate Subdivision are already developed, it would be extremely difficult to try to obtain an easement for extension of a water line back to the main in Hunters Way to provide looping of the water systems. Responding to Mayor Vincent, Planning Director Epple stated that the distance between West Babcock Street and West Mendenhall Street is 780 feet. . Mayor Vincent expressed concern about such a long block, with no deterrents to gaining speed. He also registered his concern about the fact that the parkland is to be located at the northwest corner of the subdivision, which is roughly a quarter mile from the south end of the subdivision. The City Manager noted that long blocks are consistently the pattern in this area, particularly from North 19th Avenue west. The Planning Director reiterated that the Recreation and Parks Advisory Board recommendation is for the park to be located in the northwest corner of the subdivision, to allow for potential expansion of the park area with the development of adjacent properties. During discussion about whether to allow a long dead-end water line in this subdivision for a specific period of time, or until the property to the north develops, periods of . time stretching from three years, as suggested by some of the Commissioners, to 11 Y2 years, as suggested by the applicant's representative, were discussed. Also, during that discussion, Planning Director Epple proposed that seven years might be an appropriate length of time, particularly in light of the fact that the property to the north is not currently annexed. 08-21-95 - - 6 - City Manager Wysocki stated he has no problem with requiring the applicant to sign a waiver of right to protest the creation of an SID for extending the water main at a specific time in the future, if the property to the north has not yet been developed. He cautioned, however, that under the City's SID policy, the use of SID's would not be allowed for the . installation of any of the other infrastructure improvements. He reminded the Commission that in the past, the developer has been required to install the water and sewer services; and an SID has been allowed for pavement of the street, if requested by the property owner(s). He also cautioned that if the time period is very long, the applicant will have completed the development and will no longer be involved in ownership of any of the property that would be affected by the waiver. Responding to questions from the City Manager, the Commissioners concurred that the proposal to dedicate a 15,500-square-foot parkland area and to pay $8,400 in cash-in-lieu monies is acceptable. They also concurred that the applicant should be allowed to cut West Mendenhall Street to extend the sewer main from Hunters Way to the subject property. Due to questions about the length of time that should be allowed for looping of the . water main, and to allow the staff an opportunity to research the conditions attached to approval of the preliminary plat for Westgate Subdivision and draft revised language for Condition No.9, it was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the Commission table action on this item until later in the afternoon session. The motion carried by the following Aye and No Vote: those voting Aye being Commissioner Stiff, Commissioner Stueck, Commissioner Frost and Mayor Vincent; those voting No, none. Discussion - determination to imDlement elements of housina policy throuah zone code revisions DreDared by consultant Neighborhood Coordinator/Grantsperson James Goehrung reminded the Commission that at last week's meeting, they discussed implementation of the recommendations from the . housing task force and the revisions to the zone code which have been identified in the affordable housing policy adopted last year to encourage more affordable housing in the community. He noted that it is clear, based on the current workload, that staff will probably be unable to complete the proposed revisions during this calendar year; and some of the Commissioners have indicated their interest in implementing those revisions this fall. He stated 08-21-95 - 7 - that, to accomplish the changes within the time line set, an outside consultant is needed; and the attendant issue is how that consultant is to be funded. City Manager Wysocki suggested that Community Housing Fund monies could be used to fund the consultant, since it was established to create new low- and moderate-income . housing units. Another option would be using monies from the CDSG Revolving Loan Fund. A third option would be to pursue a grant, probably from the State, with the intent that what is developed would serve as a model for other communities. He then recommended that, if it appears this item will end in a tie vote today, it would be most appropriate to table the decision for a period of two weeks, so Commissioner Youngman will be present as well. Responding to Mayor Vincent, Neighborhood Coordinator/Grantsperson James Goehrung stated that initial research has revealed that monies for discretionary studies are essentially non-existent. He noted, however, that the grant application could be written from an economic development standpoint, based on businesses not locating in a community because of a shortage of affordable housing. Responding to questions from Commissioner Stiff, the City Manager suggested that . the cost of the study cannot be estimated until after the selection process for a consultant has been started and the proposals received. He suggested that the selection process be started as quickly as possible, so that some of the questions arising can be answered. Commissioner Stueck stated that he is willing to pursue a grant to fund the consultant's work; however, he does not support the use of Community Housing Fund monies for the project. Commissioner Stiff stated he is not prepared to change his position on this issue; however, he feels that funding of a consultant through a grant would be acceptable. It was moved by Commissioner Frost that the Commission authorize and direct staff to begin the request for qualifications process for a consultant and, in the meantime, further research the three funding options identified by the City Manager. The motion failed for lack . of a second. It was moved by Commissioner Frost, seconded by Commissioner Stueck, that the Commission table action on this item for a period of two weeks, so a full Commission is present. The motion carried by the following Aye and No vote: those voting Aye being 08-21-95 - 8 - Commissioner Frost, Commissioner Stueck, Commissioner Stiff and Mayor Vincent; those voting No, none. Ordinance No. 1406 - amendina ChaDters 18.04. 18.42. 1850. 18.51. 18.52, 18.53. 18.54. 18.56. 18.58. 18.62 and 18.65 of Bozeman MuniciDal Code. to incorporate comDrehensive . zone code amendments Previously distributed to the Commissioners were copies of Ordinance No. 1406, as approved by the City Attorney, entitled: ORDINANCE NO. 1406 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE. AS AMENDED BY ORDINANCE NO. 1374. WHICH ORDINANCE IS NOT CURRENTL Y CODIFIED IN THE BOZEMAN MUNICIPAL CODE. BE AMENDED BY REVISING SECTIONS 18.04.010. 18.04.520, 18.42.010. 18.42.020. 18.42.030. 18.42.040. 18.42.050, 18.42.060. 18.42.070. 18.42.080, 18.42.100, 18.43.020. 18.43.030. 18.43.040. 18.43.050. 18.43.060. 18.43.070. 18.43.080. 18.43.090, 18.50.100, 18.50.120. 18.51.010. 18.51.020. 18.52.010. 18.52.020, 18.52.030. 18.52.050. 18.52.060. 18.52.080, 18.53.010, 18.53.020. 18.53.030, 18.53.040. 18.53.050. 18.54.030, 18.54.040. 18.54.050. 18.54.060. 18.54.070. 18.54.080. 18.54.090, 18.54.100, 18.56.030. 18.56.090, 18.58.010. 18.58.020, 18.58.050, 18.58.090, 18.62.020. 18.62.090. 18.62.010, . 18.65.030. 18.65.040. TABLE 18.65.050.B, TABLE 18.65.050.C AND SECTION 18.65.080. AND BY ADDING NEW SECTIONS TO BE NUMBERED AS SECTIONS 18.04.035. 18.04.515, 18.42.090 AND 18.52.055 OF SAID CODE; PROVIDING FOR REVISIONS TO DEFINITIONS; NEIGHBORHOOD CONSERVATION DISTRICT; ENTRYWAY OVERLAY DISTRICT; GENERAL BUILDING AND DEVELOPMENT STANDARDS; DESIGN REVIEW BOARD (DRB) AND DEVELOPMENT REVIEW COMMITTEE (DRC); PLAN REVIEW AND APPROVAL; CONDITIONAL USE PERMIT; PLANNED UNIT DEVELOPMENT; VARIANCE AND ADMINISTRATIVE INTERPRETATION APPEALS PROCEDURES; PLAN APPEALS PROCEDURE; ADMINISTRATION. PERMITS AND FEES; AND THE BOZEMAN AREA SIGN CODE. City Manager Wysocki noted that, submitted to the Clerk of the Commission just prior to the meeting was a letter from Jennifer Smith Mitchell and William G. Mitchell, dated August 18, forwarding several proposed revisions to the ordinance. He stated that, apparently, copies of this information had also been distributed to the Commissioners; however, neither he nor Planning Director Epple were provided with copies. He then suggested that if the . Commissioners wish to consider the information contained in the letter, they may wish to delay final adoption of the ordinance for a period of two weeks. Commissioner Stueck asked that the Planning Director's review of this letter be placed on next week's work session agenda. 08-21-95 - 9 - It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the Commission table action on this item for two weeks, to allow time to review the contents of the letter just received. The motion carried by the following Aye and No Vote: those voting Aye being Commissioner Stueck, Commissioner Frost, Commissioner Stiff and Mayor Vincent; . those voting No. none. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Letter from Stephan G. Custer, 511 West Spring Creek Drive, dated August 13, regarding long-range planning. The City Manager asked that Clerk of the Commission Sullivan forward a copy of this letter to the County Commissioners. (2) Letter from Alec Hansen, Executive Director of the Montana League of Cities and Towns, forwarding the tentative agenda for the League Convention to be held in Billings . on October 4-6, 1995. The City Manager asked that the Commissioners review the tentative agenda and indicate to the Clerk of the Commission whether or not they wish to attend. (3) Copy of an article regarding an old article being run recently soliciting business cards. (4) Letter from Claudine Eckes, 2201 Maplewood Street, dated August 17, expressing concern about the lack of a traffic signal at the intersection of North 19th Avenue and Durston Road. (5) Letter from Michael E. Torgerson, 503 Sheridan Avenue, dated August 16, regarding a traffic signal at the intersection of North 19th Avenue and Durston Road. (6) Copies of two letters from Shirley E. and Walter L. Thompson, 519 North . 20th Avenue, dated August 16, one regarding the lack of a traffic signal at the intersection of North 19th Avenue and Durston Road and the other regarding removal of the temporary barricade on North 20th Avenue. (7) Letter from Bob Heath, 1620 South Willson Avenue, encouraging traffic 08-21-95 - 10 - control at the intersection of North 19th Avenue and Durston Road, possibly in the form of a four-way stop. (8) Letter from Marian Sheehan, 403 North 18th Avenue, dated August 17, asking that a traffic signal or four-way stop be installed at the intersection of North 19th . Avenue and Durston Road. (9) Letter from Robin Thomas and Bruce Grubbs, 322 North 22nd Avenue, dated August 17, requesting permission to close the street from 6:00 p.m. to 9:00 p.m. on Thursday, August 24, for a block party. (10) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, August 22, in the Commission Room. (11 ) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, August 22, in the Commission Room. ( 12) Minutes from the regular Highway Commission meeting held on June 22, and telephone meetings held on June 30, July 11 and August 7, 1995. ( 13) Agenda for the County Commission meeting to be held at 1 :30 p.m. on . Tuesday, August 22, at the Courthouse. (14) Copy of the Public Meeting Draft of the Urban Renewal Plan, as prepared by the Urban Renewal Study Committee. (15) The City Manager submitted his weekly report, as follows. (1) Reminded the Commission that North 19th Avenue is under the State Department of Transportation; therefore, the installation of a traffic signal at its intersection with Durston Road must meet warrants and be approved by the State. He then stated that conversations with Director of Public Service Forbes revealed that the speed limit on North 19th Avenue from West Main Street to Durston Road will be set at 25 miles per hour; and the speed limit on Durston Road will remain at 25 miles per hour. He indicated that staff is checking the traffic counts on those roadways and how lack of the Oak Street extension from North 19th Avenue to North 7th . Avenue might impact the computer projections on the subject intersection. He noted that the estimated cost of installing a traffic signal is $200,000. He reminded the Commission that, after October 1, local governments may determine that traffic control devices may be installed, provided certain warrants are met. (2) Noted that a number of street projects are currently in progress, resulting in some frustration to the public who are trying to move around the 08-21-95 .------...-------. .~-_..._- ..-... .".'--.-- .------ - 11 - community. (3) Announced that striping of crosswalks and installation of signs for school zones are near completion, in preparation for the new school year. (4) Stated that the development of an interlocal agreement and by-laws for the central dispatch center are nearing completion. He noted that a joint resolution must be adopted by the City Commission and the . County Commission to create the central dispatch center, in addition to approval of the agreement and by-laws. ( 16) Commissioner Stueck stated that he attended the welcoming ceremonies for the Thunderbirds, on behalf of the Commission. ( 17) Staff Attorney/Prosecutor Susan Wordal stated that the Attorney's office is preparing a response to the declaratory judgment action filed by Jim Goetz on behalf of Patricia Carlson. She briefly highlighted the timeline for this action, noting that arguments are set for September 1 before Judge Olson. (18) Mayor Vincent stated that, while in Fort Collins last week, he learned that all full-time police officers are issued a vehicle, which they are allowed to use within city limits during off-duty hours. This policy allows for a greater police presence on the streets, which . helps to deter offenders. The City Manager noted that this practice is followed in other communities as well. He stated that one advantage to this process is the fact that the vehicles are better maintained when issued to an individual than when a vehicle is used by several officers. He noted, however, that one major disadvantage is the capital investment required to get into such a program. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Authorize City Manager to sign - Lease Aareement for oDeration and maintenance of the Bozeman Ponds between Montana Department of Fish. Wildlife and Parks and the City of Bozeman . Authorize City Manager to sian - Riaht-of-Way Easement - Montana Power COmDany - east/west alley in Block D. Beall's Second Addition (between North Black Avenue and North Tracy Avenue. East Beall Street and East Villard Street) Authorize City Manaaer to sian - Amendment No.2 to Professional Services Aareement for South 19th AvenuelWest College Street signalization Droject - Marvin and Associates 08-21-95 - 12 - Authorize City Manaaer to sian - Amendment No.1 to Professional Services Agreement for IightinQ change-outs in City Hall ComDlex - Energy Resource Management. Inc. Authorize City Manager to sign - Amendment No.1 to Professional Services Aareement for enerav imorovements at Waste Water Treatment Plant - Enerav Resource Management. Inc. . Authorize Mayor to sign - Memorandum of Agreement between the City and the Montana State University Deoartment of Civil Engineering - to conduct MSU Darkina and community transit study under arant from the Montana State Deoartment of Natural Resources and Conservation Building InsDection Division reDort for July 1995 Claims It was moved by Commissioner Stiff, seconded by Commissioner Stueck, 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 Stueck, Commissioner Frost and Mayor Vincent; those voting No, none. . Preliminary Dlat review (continued) - Willow Subdivision - allow subdivision of 1 0.126 acres located in the NE%.. Section 11. T2S. R5E. MPM. into 12 lots for four-olex residential develooment. 36 four-olex townhouse lots and 1 Dark site . Dave Crofts for Jessie Maraaret Kunda (north side of West Babcock Street. west of Hunters Way) (P-9532) It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the Commission remove this item from the table. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stueck, Commissioner Frost, Commissioner Stiff and Mayor Vincent; those voting No, none. Planning Director Andy Epple stated that his review of the conditions for approval of the Westgate Subdivision, approved by the City Commission on March 29, 1993 revealed the following condition: 3. That the property owners of record file with the Clerk and Recorder a waiver of right to protest creation of an SID for future . water line improvements to complete a looped water line from the terminus of the 8-inch water line at the north boundary of Westgate Subdivision to connect with the water line in Durston Road, prior to final plat approval, with the stipulation that the water line must be extended to provide a looped system within ten years from the date of final plat approval; City Manager Wysocki stated that, from a brief review of the record, it appears the developer was allowed ten years under the waiver plus about 1 Yz years for completion of the 08-21-95 .---...---- - 13 - process for creation of a special improvement district to fund the installation of the looped water line if it had not been completed by that date. He noted that totals the 11 Y2 years referenced by the developer's engineer. He then suggested that the Commission consider allowing this applicant seven years for looping of the water line, recognizing that it will take an . additional 1 to 1 Y, years to create a special improvement district for the installation if it is not completed by that time. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the Commission approve the preliminary plat for Willow Subdivision, as requested by Dave Crofts for Jessie Margaret Kunda, under Application No. P-9532, to allow subdivision of 10.126 acres located in the Northeast one-quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian, into 12 lots for four-plex residential development, 36 four-plex townhouse lots and 1 park site, subject to the following conditions: 1. That the final plat shall conform to the Uniform Standards for Final Subdivision Plats, contain all appropriate certificates, and be accompanied by all appropriate documents, including a platting certificate. A certificate of installation of improvements shall be included, and corrections shall be made to the certificate of . dedication, the certificate of Director of Public Service, and the certificate of County Treasurer. 2. The following notes shall be added to the plat: a. Due to the relatively high groundwater table within the subdivision, it is not recommended that residences with full or daylight basements be constructed. b. Land use shall be restricted to not more than multi- family four-plex dwelling units only on Lots 1-6, Blocks 1 and 2; and, to townhouse four-plexes only on Lots 7(A-D), Blocks 1 and 2, and Lots 1-3(A-D), Block 3, and Lots 1-4(A-D), Block 4. 3. The County Weed Control Officer shall approve a weed control plan for the subdivision, and a signed copy of the plan be submitted to the Planning Office prior to final plat approval. 4. The property owners shall provide and file with the County Clerk and Recorder's Office an executed waiver of right to protest creation of SID's. The Waivers shall specify that in the event . SID's are not utilized for the completion of these projects, the applicant 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 combination thereof. Said Waiver shall include the following improvements: a. Street improvements to Babcock Road, including paving, curb/gutter, sidewalk, and storm drainage. 08-21-95 - 14 - b. Street improvements to Fowler Road, including paving, curb/gutter, sidewalk, and storm drainage, Durston to Babcock. c. Signalization improvements to Main and Fowler. d. Park maintenance and/or improvement district(s). . Said waivers shall be a covenant running with the land and shall not expire. 5. West Mendenhall Street right-of-way shall begin the transition to the south necessary to connect to existing right-of-way in Pleasant Valley Subdivision. 6. All dead end roads shall end in a temporary turnaround. A City- standard turnaround shall be provided at the northern terminus of Michael Grove Avenue. If the turnarounds are not located on the subject property, easements for the temporary turnarounds shall be recorded prior to approval of the infrastructure plans and specifications. The cul-de-sac shall have a minimum diameter of 70 feet. 7. A 1-foot no access strip shall be dedicated across both lots fronting on West Babcock Street. This no access provision would apply to any redevelopment of the eastern lot (Lot 1, Block 2). 8. Sidewalks across all non-privately owned street frontages and the lot with the existing house shall be constructed by the developer . at initial construction (if sidewalk construction is being delayed). Any deviation from the standard location shall be approved by the City Engineer. Sidewalks shall be constructed by lot owners within three (3) years regardless of whether other improvements have been made to the lot(s). 9. Maximum allowable length of dead-end water main to the north from Mendenhall Street is 250 feet or approximately to the north property line of the second lot. To extend beyond this point, the property owners of record must, prior to final plat approval, file with the Clerk and Recorder a waiver of right to protest creation of an SID for future water line improvements to complete a looped water line from the terminus of the 8-inch water line at the north boundary of Westgate Subdivision, or to connect with a water line to the north. Said waiver shall stipulate that this property represents the total boundaries of the SID and shall further stipulate that the water line must be extended to provide a looped system within seven years from the date of final plat approval. An alternate design, as proposed by an engineer licensed in the State of Montana, subject to approval by the City Engineer and the Department of Health and Environmental Science, may be considered. . 10. An 8-inch sanitary sewer shall be extended to the west boundary of this development on Mendenhall. The Commission grants a variance from the adopted City policy which prohibits the cutting of the newly-paved West Mendenhall Street, to allow for connection of the sewer main for this subdivision to the existing sewer main in Westgate Subdivision (which lies to the east of this subdivision). An adequate (30-foot) utility easement must be provided for any off-site utility extension(s). An alternate design, 08-21-95 ----_..._---~'----- - 15 - as proposed by an engineer licensed in the State of Montana, subject to approval by the City Engineer and the Department of Health and Environmental Science, may be considered. 11. All dedicated public streets shall be of standard residential street design. This would include sidewalk installation on both sides of all streets. . 12. All applicable regulatory and street marker signs and dead-end markers shall be installed by the developer and in accordance with City standards. The stop sign shall be installed on Michael Grove Avenue at the intersection of West Babcock Street. 13. A dead-end barricade shall be installed at the west end of West Mendenhall Street in accordance with City standards and at the owner(s) expense. 14. The final plat shall show fire hydrant spacing and location that conforms the City standards and shall be approved by the Fire Department. 15. The land proposed to be dedicated for parkland and the detention pond shall be moved to the northwest corner (Lot 4, Block 3) so that it could be added to other park land as property north and west is developed in the future. 16. Park area shall have all fencing material, construction debris, and other trash removed. Area shall be leveled and any disturbed areas reseeded, as to allow mowing with turf type mowers. All . survey property pins on the park boundary shall be delineated with flat flexible fiberglass posts * a minimum of 6 feet in length with no less than 2 feet driven into the ground. Each post shall be labeled with a permanent glue on sign * * stating Park boundary. * Posts shall be equivalent to CARSONITE type -6 feet long by 3 inches wide, white or brown in color. * *Sign shall be permanent glue on outdoor type approximately 2 3/4-inch by 14-inch stating PARK BOUNDARY or PROPERTY BOUNDARY. 17. In accordance with the subdivision regulations, the applicant shall cause to be established the fair market value of the remaining amount of land that would have been dedicated to establish the minimum cash acceptable in lieu of land dedication. If the minimum is less than the proposed amount of $100.00 per dwelling unit or $8,400.00, then the applicant shall pay $8,400.00 cash-in-lieu for the remaining park land dedication. 18. The property is subject to payback to the Main Mall (sewer and water), and SID No. 622 (water). This fee shall be submitted prior to final plat approval. 19. Water, sewer, and storm sewer shall be stubbed to the peripheral . property lines to accommodate future extensions. 20. A Stormwater Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease, and other pollutants must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations), storm water detention/retentio n basin details (including basin sizing and discharge calculations, and discharge structure details), 08-21-95 --.-.---------- - 16 - stormwater discharge destinations, and stormwater maintenance plan. The stormwater drainage/treatment facilities must include a maintenance plan outlining in detail maintenance operations, frequency of inspections and maintenance, responsible parties and record keeping methodology. 21. Written permission from the existing owner(s) of ditches to be abandoned or relocated shall be obtained prior to final plat . approval. 22. The outfall for the storm drainage detention pond to an existing ditch is subject to further review by the Engineering Office, and approval by the ditch owner(s) as necessary. 23. If the retention pond and discharge course is located off the subject property, a stormwater easement shall be established on the adjacent property and filed with the County Clerk and Recorder's Office. An alternate design, as proposed by an engineer licensed in the state of Montana and approved by the City Engineer and the Department of Health & Environmental Science, may be considered. 24. A minimum 20-foot ditch maintenance easement shall be provided along the irrigation ditch. The 20-foot utility easement along the west property line shall be a 20-foot ditch and utility easement. 25. Adequate and appropriate utility easements shall be shown on each lot on the final plat. A 15-foot utility easement shall be provided along the east lot line of all the lots in Blocks 2 and 4. . A 10-foot easement shall be provided along the north lot line of Lots 7 in Blocks 1 and 2. 26. Block numbers shall be used. 27. A digital copy of the final plat, on a double sided, high-density 3 % -inch floppy disk, must be submitted with the final plat application. 28. If construction activities related to the project results in the disturbance of more than 5 acres of natural ground, an erosion/sediment control plan may be required. The Montana Department of Health and Environmental Sciences, Water Quality Bureau shall be contacted by the applicant, to determine if a Storm Water Discharge Permit is necessary. If required by the Water Quality Bureau, an erosion/sediment control plan shall be prepared for disturbed areas of 5 acres or less if the point of discharge is less than 100 feet from State Waters. 29. Approval from the Subdivision Program of the Montana Department of Health and Environmental Sciences Water Quality . Bureau must occur prior to final plat approval, pursuant to Section 16.16.101 through 16.16.805, ARM. 30. Preliminary plat approval does not exempt the developer from impact fees established at a later date which are based on final plat approval or building permit approval. Final plat approval(s) shall be subject to any impact fees which are implemented prior to said final plat approval. Development of individual lots shall be subject to any impact fees applicable to building permit applications implemented prior to building permit approval. 08-21-95 -.---.--. -.- - 17 - 31. That the developer shall have three years from the date of preliminary plat approval to complete the above conditions and apply for final plat approval of all phases of the subdivision. 32. Plans and specifications for any water, sewer and/or storm sewer main extensions, and public or private streets (including curb, gutter and sidewalks) prepared by a Professional Engineer (PE) licensed 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 Health and Environmental Sciences. The applicant 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 and specifications have been approved and a preconstruction conference has been conducted. No building permits will be issued prior to City acceptance of the water and sewer improvements. 33. All infrastructure improvements including 1) water and sewer main extensions, and 2) public and private streets including curb/gutter, sidewalks, and storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to occupancy. No building permits will be issued prior to completion and acceptance of the water and sewer improvements. 34. If it is the developer's intent to file the plat prior to the completion . of all required improvements, and Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150 percent of the cost of the remaining improvements. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Stueck and Mayor Vincent; those voting No, none. Recess - 4:25 D.m. Mayor Vincent declared a recess at 4:25 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings. . Reconvene - 7:00 D.m. Mayor Vincent reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings. 08-21-95 - 18 - Public hearing - aoolication for Home Investment Partnershio Proaram (HOME) Grant monies ~ for Bozeman Interfaith Housina II oroiect. Phase I - construction of affordable aDsrtments This was the time and place set for the public hearing on the submittal of the application for Home Investment Partnership Program (HOME) Grant monies for Bozeman Interfaith Housing II project, Phase I, for construction of affordable apartments. . City Manager Wysocki submitted a memo from Neighborhood Coordinator/ Grantsperson James Goehrung, dated August 21, stating that Bozeman Interfaith Housing has been unable to identify a specific parcel upon which to construct the proposed apartment project; therefore, it is unable to meet the application deadline. He then asked that the Commission acknowledge receipt of this memo and vote to not adopt Commission Resolution No. 3074, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3074 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING SUBMITTAL OF AN APPLICATION TO THE MONT ANA DEPARTMENT OF COMMERCE FOR A HOME INVESTMENT PARTNERSHIP PROGRAM (HOME) GRANT ON BEHALF OF BOZEMAN INTERFAITH HOUSING. It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the . Commission not adopt Commission Resolution No. 3074. The motion carried by the following Aye and No Vote: those voting Aye being Commissioner Stiff, Commissioner Stueck, Commissioner Frost and Mayor Vincent; those voting No, none. Public hearing - Tentative ADDrODriation Ordinance for Fiscal Year 1995-1996 This was the time and place set for the public hearing on the Tentative Appropriation Ordinance for Fiscal Year 1995-1996, as approved by the City Attorney, entitled: ORDINANCE NO. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROPRIATING CITY FUNDS FOR VARIOUS BUDGET UNIT EXPENDITURES, AND FURTHER APPROPRIATING REVENUE NECESSARY TO OPERATE AND MAINTAIN CITY SERVICES FOR SALARIES, . OPERATIONS AND CAPITAL FOR EACH OPERATIONAL BUDGET UNIT OF MUNICIPAL GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1996. Mayor Vincent opened the public hearing. The Mayor noted that the Commission has conducted several work sessions on the 300 + pages contained in the City Manager's recommendations over the past few weeks. He 08-21-95 - 19 - then noted that this is the time set for receiving public input on the proposed budget for Fiscal Year 1995-1996 and, after taking this input into consideration, the Commission will makes its final decision on the budget at the September 5 meeting. City Manager Wysocki noted that the Commission has made some adjustments to his . recommendations; and a page outlining those changes has been prepared. He then briefly highlighted the totals for the various funds in the proposed budget, as follows: General Fund $ 7,895,768. Special Revenue Funds 5,997,067. Debt Service Funds 1,305,000. Capital Projects 5,000,000. Water Fund 3,313,361. Wastewater Fund 2,184,291. Solid Waste Fund 3,286,908. Internal Service Funds 1,350,229. Trust and Agency Funds 18.000. TOTAL $ 30.350.624. The City Manager stated that the total under his recommendations was $29,466,267; and a majority of the difference between that and the tentative appropriation ordinance is the inclusion of monies for expansion of the Swim Center; monies for a long-range planner; monies . to fund the impact fee studies; and monies for the expansion of the Landfill, based on actual bids recently received. The City Manager stated that monies are being taken from the reserves to fund a portion of this year's budget; however, that will not drain the reserves to a dangerously low level. He then noted that last year's budget was roughly $20,000,000; or $10,000,000 less than this year's. He highlighted the major reasons for that change, including the $5,000,000 general obligation bond issue for transportation projects, which was approved in November, the $2,000,000 expansion of the landfill, and appropriation of the $1,500,000 in special projects monies. Mrs. Joan Rudberg, 803 North 17th Avenue, stated that she attended all of the work sessions on the budget and has carefully reviewed the City Manager's recommendations. She . then forwarded comments on four specific areas in that budget. She noted that the affordable housing task force, on which she served, forwarded a recommendation that the Commission establish a revolving loan fund, to be initially funded through a $100,000 contribution from the City. She expressed concern about the Commission's current consideration of using approximately $25,000 or possibly more from that fund, which the task force had 08-21-95 ----.----. ----- - - .--.--..- - - --- --- - 20- recommended be used for no-interest loans to promote the construction of affordable housing units, to fund the costs of a consultant to prepare proposed zone code revisions to implement some of the regulatory reforms which were also recommended by the task force. She encouraged the Commission to reject this proposal, and seek other funding. . Mrs. Rudberg turned her attention to the $75,000 budgeted for construction of a cul- de-sac on North 20th Avenue at the south side of West Beall Street. She suggested that these monies should be reappropriated toward a traffic signal at the intersection of North 19th Avenue and Durston Road, which would provide a greater community benefit. She noted that, since these monies are from the special projects fund, which is the Valley Unit monies, this seems to be a very appropriate move. She also suggested that if this reappropriation does not generate sufficient monies to cover the costs of the traffic signal, which the Montana Department of Transportation has suggested to her could be installed for $50,000, then possibly some of the monies earmarked for improvements to Griffin Drive could be moved to this project. The next item she addressed was the area of planning. She noted that the budget already contains a 1.2 person increase for the Planning Department; and she does not believe . that adding another position for long-range planning is appropriate. She suggested that by realigning the priorities of the planning and zoning functions, the staff time needed for long- range planning functions would actually be provided. Mrs. Rudberg addressed the $100,000 which has been earmarked for preliminary work on Sourdough Dam, and the proposal to divert a portion of those monies toward educating people on how to conserve water. She cautioned that the Sourdough Dam project is a seven- to ten-year project; and it is important to begin that process before the water from the dam is needed. She also noted that a concerted effort must be made toward establishing a new impoundment facility, to ensure that the City's impounded water rights are not lost. She stated that only those people interested in conserving water will benefit from a water conservation education program; and suggested, rather, that establishing specific days and . times for watering is a much more effective method of conserving water, and is one more widely observed throughout the community. Mr. Michael Torgerson, 503 Sheridan Avenue, expressed concern about the lack of a traffic signal at the new North 19th Avenue/Durston Road intersection. He noted that with 164 new apartments to be constructed at the intersection of North 22nd Avenue and Durston 08-21-95 - 21 - Road and an additional 69 condominiums on Durston Road at North 24th Avenue, plus development of two recently-approved subdivisions, the amount of traffic using Durston Road will be further increased. He noted that at the present time, it takes him approximately 20 minutes to get from his home to his place of employment on North 7th Avenue; and if traffic . on Durston Road is required to stop until a break in traffic on North 19th Avenue occurs, that time could be substantially lengthened. He expressed concern about the safety of children crossing at this intersection, as well as the safety of drivers going through that intersection as people become impatient with waiting for an opportunity to cross the road. Ms. Karen Monts, 307 North 18th Avenue, stated she is one of the two crossing guards who will assist children in crossing North 19th Avenue at Durston Road. She stated that 30 to 40 children must cross through that intersection every day; and she is very concerned about their safety as well as her own. She noted that with the 25 mile-per-hour speed limit on Durston Road, traffic often moves at 30 to 40 miles per hour; and she is concerned that traffic on North 19th Avenue will be traveling even faster. Mr. Denbigh Starkey, 17500 Timberline Creek Drive, member of the board for the . Swim Team, forwarded the board's support for expansion of the Swim Center. He noted that the facility is used extensively by members of the community; and the expansion will allow for better administrative facilities as well as improved changing rooms. Mr. Dean Mikkelson, Principal of Emily Dickinson school, stated he has been involved in the education system for many years, and has served as crossing guard at various times. He noted that with the existing "T" intersection and stop sign on North 19th Avenue, natural breaks in the traffic have occurred during which the children can be safely escorted across the street. He expressed concern that with traffic coming off the interstate and onto North 19th Avenue, the speeds will be quite high; and natural breaks in traffic will not occur. He also noted that people driving to the school will probably find alternative routes, using residential streets, to reach the school rather than going through the subject intersection. . Ms. Anne Foster, 4938 Itana Circle, stated she is the other crossing guard at North 19th Avenue and Durston. She stated that last year, at that intersection, she was involved in an incident where she was required to pull a child from a bicycle to avoid having either of them being hit by a car. She expressed concern that with the opening of the northward extension 08-21-95 __n_._n.._..._ _ ---..-..-- --., ...-. - 22 - of North 19th Avenue and no traffic signal, those incidents will be greater in number and severity. Mr. Jim Cannata, 608 West Babcock Street, questioned whether a traffic signal at North 19th Avenue and Durston Road will provide as much benefit as people anticipate. He . then forwarded his position that government is growing too fast, particularly in view of the substantial increase reflected in this budget. He noted that many people currently live on the streets in Bozeman because they cannot afford the housing costs; and increases like this could cause even more to live on the street. He stated that he has lived in Bozeman for twenty years; and this is the first time he has been so concerned that he felt it necessary to attend a Commission meeting. Ms. Yogi Khalsa, 1207 South Rouse Avenue, stated she does not agree with the proposed tax increase. She noted the number of people who are moving outside the city limits because they cannot afford the taxes inside the city limits. She suggested that the Commission consider annexing properties around the city to increase the tax base, rather than increasing taxes. She expressed concern that wages in the community do not increase as rapidly as the . taxes rise. Mrs. Ruth Steele, 513 North 4th Avenue, stated she feels the crossing guards do have something to worry about. She noted that a recent article in the Billings Gazette revealed that a crossing guard who had been trying to get a traffic signal at an intersection for an extended period of time was killed at that intersection. She stated that the North 19th Avenue roadway is elevated above the Durston Road alignment, which decreases visibility at that intersection; and North 19th Avenue curves just north of Durston Road, further inhibiting visibility. She also noted that many students who live west of North 19th Avenue will be crossing that roadway to attend the middle school and the high school. She stated that merging traffic and school buses should also be taken into consideration when reviewing this intersection. . Ms. Gretchen Rupp, 221 Lindley Place, spoke on behalf of the Bozeman Creek/Mount Ellis Study Committee. She noted that group is comprised of many different interests, and has met on a regular basis over the past several years to consider items which will impact that area. She stated that, as a result of those meetings, she has requested, and the City Manager has agreed, to dedicate an upcoming work session to long-term water planning for the community. 08-21-95 - 23 - She suggested that a meeting, with water experts in attendance, could be very beneficial, and could result in enacting efficiency measures rather than developing a new dam with all of its attendant costs. She encouraged the Commission to use a portion of the $100,000 which has been included in the budget for geotechnical studies for promoting efficiency measures and . other alternatives instead. Ms. Rupp concluded by stating that she is not opposed to construction of a new dam, particularly since she is a civil engineer; however, she feels that alternatives are available at the present time. Mrs. Anne Banks, 7 Hill Street, member of the Recreation and Parks Advisory Board, stated her support for including expansion of the Swim Center in the budget for this fiscal year. She noted the public health and safety issues involved with the current facility, particularly in the changing rooms. She stated that the staff, which currently operates in a very small area, has been efficient despite their surroundings; however, she feels they should be provided the type of administrative offices that are desirable and lead to better efficiency. Mr. Ken Lane, 905 Woodland Drive, stated concurrence with the comments which have been previously forwarded about the need for a traffic signal at the intersection of North . 19th Avenue and Durston Road, particularly to ensure pedestrian safety. He also noted that traffic control devices are designed to provide for the efficient movement of traffic, and suggested that the road configuration and traffic signal should include left turn lanes and arrows to facilitate that movement. Mr. Brian Leland, 528 North Bozeman Avenue, noted that over the past few years, nearly every development proposal that has been submitted to the Commission has been approved with the anticipation that the expanded tax base will pay for infrastructure improvements. He noted that the $10 million increase in this year's budget, attributable in large part to infrastructure improvements, reflects the fact that development does not pay its own way. He suggested that, through the implementation of impact fees, the costs . encountered by the general taxpayer in the community could be alleviated in the future. Responding to Commissioner Stueck, Administrative Services Director Gamradt stated that a previous Commission had appropriated the monies for the cul-de-sac on North 20th Avenue; and this Commission may reappropriate those monies if it so desires. The following letters were entered into the record: a letter from Maurie Magee, 318 North 20th Avenue, encouraging the installation of a traffic signal at North 19th Avenue and 08-21-95 --- --.--..--- - 24- Durston Road; a letter from Leslie C. Farris, 309 East Cleveland Street, encouraging the Commissioners to pursue water conservation measures rather than construction of a new dam; and a letter from the Greater Yellowstone Coalition also encouraging that alternatives to construction of a new dam be pursued. . Mayor Vincent closed the public hearing. The City Manager reminded the Commission that the appropriation ordinance will be placed on the September 5 agenda for final adoption. Public hearina - Commission Resolution No. 3073 - intent to increase revenues from ad valorem taxes for Fiscal Year 1995-1996 This was the time and place set for the public hearing on Commission Resolution No. 3073, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3073 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOlEMAN, MONTANA, STATING THE CITY'S INTENT TO BUDGET AN INCREASED AMOUNT OF AD VALOREM TAX REVENUE FOR FISCAL YEAR 1995-1996. . Mayor Vincent opened the public hearing. The Mayor stated that the testimony received during the previous pUblic hearing, pertaining to the increase in revenues from property taxes for this fiscal year, will be considered a part of the record for this public hearing as well. No one else spoke in support of or in opposition to the City's intent to budget an increased amount of revenue from property taxes for this fiscal year. Mayor Vincent closed the public hearing. The City Manager stated that the resolution setting the mill levy for this fiscal year will be placed on the September 5 agenda for action. Break - 7:50 to 7:58 D.m. . Mayor Vincent declared a break from 7:50 p.m. to 7:58 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Public hearing - ProDosed Ordinance No. 1405 - deannexation of east block face of 600 block of South 15th Avenue from the MSU Residential Parkina District This was the time and place set for the public hearing on the proposed Ordinance No. 08-21-95 _____ __.m .__ _______.____.._._ - 25 - 1405, as approved by the City Attorney, entitled: ORDINANCE NO. 1405 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE BOZEMAN MUNICIPAL CODE BY AMENDING SECTION 10.32.395.A, PERTAINING TO THE AREA DESIGNATED AS THE MSU RESIDENTIAL DISTRICT TO REDUCE THE AREA TO BE INCLUDED . WITHIN SAID DISTRICT PURSUANT TO SECTION 10.32.395.M OF THE BOZEMAN MUNICIPAL CODE, WHICH CREATES THE PROCEDURE FOR REVISING THE BOUNDARIES OF AN ESTABLISHED RESIDENTIAL ON- STREET PARKING PERMIT REGULATION PROGRAM. Mayor Vincent opened the public hearing. Assistant City Manager Ron Brey presented the staff report. He stated that under this proposed ordinance, the east side of the 600 block of South 15th Avenue, which is located in the extreme northwest corner of the parking district, is to be removed from the parking district. He noted that, since several irregularities already exist in that portion of the district boundary, staff has not identified any negative impacts from this proposed deannexation. The Assistant City Manager reminded the Commission that South 14th Avenue and South 15th Avenue between West Dickerson Street and West College Street were not included . in the original district boundaries, but were added before the district was enacted through a petition representing exactly one-half of the estimated 54 properties involved. He noted that none of the property owners on the east side of the 600 block of South 15th Avenue signed that petition; however, they have submitted a petition for deannexation of the subject block face, with that petition containing the signatures of 100 percent of the property owners. Assistant City Manager Brey stated that the only concern identified by staff during review of this request is the fact that visitors to houses along the west side of the street may park along the east side because it is outside the district. He stated that this concern was discussed with the principal petitioner; and he does not believe that will be a problem. Mr. Glenn Black, 608 South 15th Avenue, stated that the petition contains both 100 percent of the property owners as well as 100 percent of the residents on this block face. He . then encouraged the Commission to approve their request for exclusion from the parking district. Ms. Margaret Morrison, 723 South 14th Avenue, stated she feels that South 14th Avenue and South 15th Avenue between West College Street and West Dickerson Street should be removed from the parking district, not just the east side of the 600 block of South 08-21-95 - 26- 15th Avenue. She stated that she did not sign the petition to be included in the parking district; and she questioned whether the original petition was adequate when submitted and whether the Commission should have acted favorably on it. She noted that when the petition was circulated, inaccurate information was disseminated; and residents were not told that they . would be required to purchase permits to park on the street. Ms. Morrison cited the bases upon which inclusion in the parking district is based as well as the objectives to be met. She noted that the purpose of the parking district is to limit non-resident parking along the street, so that the residents have a better opportunity to park on the street. She stated that she does not believe a problem existed before the parking district was implemented; and she does not feel that one will exist if these streets are removed from the district. She indicated that, at the present time, there are vehicles parking along the street that do not have parking permits; however, they are not being ticketed. She then encouraged the Commission to deannex the same streets that it annexed in the previous petition. Commissioner Stueck noted that the Commission can only act on that portion of the . district for which the petition has been received. He then stated that the property owners along South 14th Avenue could petition to be excluded from the district, in the same manner that this petition has been filed. Mayor Vincent closed the public hearing. It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the Commission provisionally adopt Ordinance No. 1405, deannexing the east side of the 600 block of South 15th Avenue, and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stueck, Commissioner Frost. Commissioner Stiff and Mayor Vincent; those voting No, none. Public hearing - Zone Code Amendment - Main Mall Merchants Association - amend various . sections of ChaDter 18.65. to define multi-tenant retail comDlexes. and increase total sauare footage and tvDes of signaae allowed (Z-9572) This was the time and place set for the public hearing on the Zone Code Amendment requested by the Main Mall Merchants Association, under Application No. Z-9572, to amend various sections of Chapter 18.65, to include defining of multi-tenant retail complexes and increase the total square footage and types of signage allowed for such establishments. 08-21-95 _..._u__....___ ------.- - 27- City Manager Wysocki stated that the City-County Planning Board has continued its public hearing on this application and recommended that the Commission open and continue this public hearing until that recommendation has been received. Mayor Vincent opened and continued the public hearing until a recommendation is . received from the City-County Planning Board. Public hearing - COA with deviations from Section 18.18.030. 18.18.050 and 18.18.050.C to allow detached two-car aaraae with aDartment above to encroach 7 % feet into 8-foot side yard and 19 % feet into 20-foot rear yard setback. and allow accessory structure to exceed heiaht of orinciDal structure bv 3 % feet. and to allow two dwellina units on 7 .000-sQuare-foot lot - Lots 11 and 12. Block 26. Park Addition - Gregorv Moraan (501 West Story Street) (Z- 9586) This was the time and place set for the public hearing on the Certificate of Appropriateness with deviations from Sections 18.18.030, 18.18.050 and 18.18.050.C, as requested by Gregory Morgan, under Application No. Z-9586, to allow a detached two-car garage with second-story apartment to encroach 7% feet into the 8-foot side yard and 19% feet into the 20-foot rear yard setback, to allow an accessory structure to exceed the height . of the principal structure by 3% feet. and to allow two dwelling units on a 7.000-square-foot lot, on Lots 11 and 12, Block 26, Park Addition. The subject site is more commonly located at 501 West Story Street. Mayor Vincent opened the public hearing. Associate Planner/Urban Designer Patrick Morris presented the staff report. He stated that under this application, an existing one-car garage is to be demolished and replaced with a 24-foot by 28-foot two-car garage with two-bedroom apartment above. The new structure would be located in essentially the same location as the existing garage; however, because of the substantially larger size, the new structure is to be located only nine inches from the rear property line and the side property line. The Associate Planner stated that, since the subject property is located in an R-3a, . Residential--Two-family, Medium-density, zoning district, a second dwelling unit on the same zone lot is allowable. He noted that if those two dwelling units are attached, a 6,000-square- foot lot is required; however, if the dwelling units are detached, 5,000-square-feet per dwelling unit, or a 1 O,OOO-square-foot lot, is required. In this instance, the subject lot contains 7,000 square feet. 08-21-95 - 28 - The Associate Planner stated that the proposed garage/apartment structure will exceed the height of the main structure by 3 feet 3 inches; however, it will be well within the height limitations for the R-3a zoning district. He stated that, because of its size and the minimal height difference, staff feels it is appropriate. He noted that the main purpose of the . requirement that an accessory structure not exceed the height of the principal structure is to avoid the potential of significant height differences on a lot and to mitigate any impacts that may be incurred by adjacent properties. Associate Planner Morris stated that staff has reviewed this application and the attendant deviations. Afte r its review, in which staff considered each requested deviation individually, a recommendation for approval of the three requested deviations was forwarded to the Design Review Board. After its review of the application, at its meeting on August 8, the Design Review Board supported staff's recommendation; and that recommendation has been forwarded to the Commission. He noted that if the Commission concurs in this recommendation, the ten conditions contained in the August 10 memo should be incorporated into the approval. . The Associate Planner noted that the applicant has indicated his intent to make this two-bedroom apartment an affordable unit. He suggested that, in light of that intent, and in accordance with the City's recently-adopted affordable housing policy, relaxation of standards may be considered. He noted that even if this issue were not taken into consideration, staff feels that the requested deviations stand on their own merits. Associate Planner Morris stated that the Planning office has received two letters of opposition to this project, which have been forwarded to the Commission, those being from Dick and Mary Pohl, 422 South 6th Avenue; and Lance D. and Marlys K. Johnson, 409 South 5th Avenue. He noted that these are the only comments received from the public regarding this application. . Responding to questions from Commissioner Frost regarding Fire Chief Aaron Holst's memo dated August 17, Associate Planner Morris recognized the concerns regarding fire safety which the Chief has raised, characterizing them as valid concerns that must be addressed. He noted that the Development Review Committee reviews applications for technical issues, which fire safety is considered, while the Design Review Board focuses on the design elements of an application. He then assured the Commission that, with the building being located this close 08-21-95 . , - .. -.....-., --.--..,,--.------.---- .._~---:o-~'~-'- - 29 - to the property line, a minimum one-hour construction will be required under the Uniform Building Code. Responding to Commissioner Stiff, the Associate Planner stated that adequate off- street parking is proposed with this application. He indicated that two parking spaces are to . be provided in the garage. while two more parking spaces will be provided immediately in front of the garage, on the driveway. Mr. George Mattson, architect, stated that the residence which sits on the front of the lot is very small; and the apartment to be located over the garage will be small as well. He emphasized the applicant's intent to make the apartment available as low-income housing. He reminded the Commission that the subject lot contains 7,000 square feet; and a duplex can be constructed on a G,OOO-square-foot lot in this zoning district. He stated that, by placing the second dwelling unit above the new garage, a majority of the existing yard and its mature vegetation will be retained. He noted that the garage across the alley is located on the property line; and the garage on the adjacent lot is located approximately five to six feet from the property line. He stated that the proposed location of this garage is actually the least intrusive, . particularly to the adjacent property. Mr. Mattson addressed the concerns raised in Fire Chief Holst's memo, noting that side yard setbacks seem to be a planning issue rather than a fire safety issue. He then stated that the requirements of the Uniform Building Code will be met in the construction of the new garage/apartment building. Since the proposed structure is to be within five feet of the property line, it will have no openings in the walls on those two sides. He also noted that the appropriate fire rated construction will be utilized. Mr. Mattson stated that, while the proposed apartment over the garage will make it a two-story structure, it will be kept as low as possible, with the roof being located on top of four-foot walls. He then cited several existing houses within the immediate area which are large two-story structures. . Mr. Mattson suggested that the proposed second dwelling unit on this lot will be less intrusive than it would be if connected to the existing residence. Responding to Commissioner Stueck, Mr. Mattson stated that under this proposal, cars will access the garage via the alley rather than through a curb cut from the street. He indicated that, because of the need to curve from the alley to line up with the garage doors, 08-21-95 .- ..-----...-- .---.- --.---.--.-.. --.---.... --.-.. .---- - 30- the garage cannot be moved away from the property line. He noted that this will minimize the number of on-street parking spaces that would be lost in this area. No one was present to speak in opposition to the requested deviations. Mayor Vincent closed the public hearing. . Mayor Vincent then forwarded his desire to not waive the customary waiting period for land use decisions, to provide an opportunity to weigh the issues and concerns which have been raised. He asked that the decision on this application be placed on the afternoon agenda for the September 5 meeting. Adjournment - 8:40 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Stueck, Commissioner Frost and Mayor Vincent; those voting No, none. . ATTEST: ~J~ ROBIN L. SULLIVAN Clerk of the Commission . 08-21-95