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HomeMy WebLinkAbout1995-04-17 ccm MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA April 17, 1995 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, April 17, 1995, at 3:00 p.m. Present were Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost, City Manager Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan. Mayor Vincent was absent due to illness. 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. Authorize absence of Mavor Vincent from meeting in comDliance with Section 7-3-4322(2), M.C.A. It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the . Commission authorize the absence of Mayor Vincent from this meeting in compliance with the provisions of Section 7-3-4322(2), M.C.A. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner Frost and Mayor Pro Tempore Stueck; those voting No, none. Minutes - ADril 4 and ADril 10. 1995 Due to the number and nature of the corrections which had been forwarded for the minutes of the April 3, 1995 meeting, Mayor Pro Tempore Stueck deferred action until the May 1 meeting. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the minutes . of the meetings of April 4 and April 10, 1995, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Pro Tempore Stueck; those voting No, none. 04-17-95 . .-.-..-..-...-.. ..-.. - 2 - Introduction of new Staff Attornev/Prosecutor City Attorney Luwe introduced the new staff attorney/prosecutor, Tim Cooper, to the Commission. He noted that Mr. Cooper's background includes serving as City Attorney for the City of Whitefish and the Town of Eureka. . The Commission welcomed Tim Cooper to the City of Bozeman. Reauest for $7 .000 arant from City's CDBG Revolvlna loan Fund to cover shortage in fundina for the HRDC's land trust housina Droiect Commissioner Frost announced that he will abstain from discussion and voting on this agenda item due to his affiliation with the Human Resource Development Council. Neighborhood Coordinator/Grantsperson James Goehrung stated that the request from the Human Resource Development Council, dated March 28, is for the City to fund the $7,000 in cost overrun for infrastructure improvements for the land trust project, located along West Babcock Street. He reminded the Commission that the City sponsored a CDBG application for installation of infrastructure improvements for this project. Also, the City entered into an . engineering contract with Morrison-Maierle/CSSA on the project and. because of additional work completed in conjunction with the project, a $7,000 overrun resulted. He noted that the request from HRDC is that the City now cover those costs, possibly from the CDBG Revolving Loan Fund. He noted that the City has already paid these additional costs; therefore, the issue is repayment to the source from which those monies were originally paid. He then emphasized that this $ 7,000 is separate from the $18,500 which the City has committed without designating the source. He asked that the Commission now identify the source from which that $18,500 is to be paid as well as make a decision on the additional $7,000 request. He identified possible sources of revenue as the CDBG Revolving Loan Fund, the City Commission's budget unit, or General Fund reserves. Mayor Pro Tempore Stueck cautioned that three affirmative votes are needed to approve . any agenda items today; and in this instance, it may be preferable to delay the decision if a consensus cannot be reached, since Commissioner Frost must abstain. Responding to questions from Mayor Pro Tempore Stueck, Ms. Caren Couch stated that HRDC is asking that the City pay the additional $7,000, either through a grant from the CDBG Revolving Loan Fund or through its own sources of revenue, particularly since it involves a 04-17-95 - 3 - contract between the City and the consulting engineer. She then noted that HRDC has encountered a $36,000 overrun from original bids, stating that this process has been a learning experience. She stated that they presently have 10 houses under construction; and they have no infrastructure monies left. . Ms. Caren Couch stated that the $18,500 which the City had previously committed has already been spent, based on the letter from former Mayor Timothy Swanson, dated February 8, 1993. She noted that sidewalks were not installed as a part of the original infrastructure improvements, in an effort to save on development costs; rather, the costs of those sidewalks are being charged against the home at the time of sale. She stated that HRDC had an 8- percent contingency set aside, however, the cost overruns have been 9 percent. Responding to the Mayor Pro Tempore, Neighborhood Coordinator/Grantsperson Goehrung stated that late last year, representatives from the City, HRDC and Morrison-Maierle met to discuss the additional costs, and whose responsibility those costs would be. He noted that it was determined at that time that the additional costs resulted from work being completed beyond the scope of the original contract but directly related to the project itself. . He noted that the City's Engineering staff indicated this type of situation is quite standard in that profession; and no steps were taken to pursue the consultant engineer bearing some of the costs. Mayor Pro Tempore Stueck asked what source should be used to fund the $18,500 which was previously committed for this project, noting that former Mayor Swanson's letter clearly indicates that this would be a contribution and not a loan. Responding to Commissioner Frost, City Attorney Luwe stated that, as a member of the former Commission which committed the $18,500, he could speak to clarify the Commission's action; however, he cautioned that a conflict of interest still exists, so his discussion must be very limited. City Manager Wysocki provided some background on the City's assistance in this . project. He noted that the Human Resource Development Council originally sought $57,000 in assistance; and that amount grew to $60,000 from the CDSG Revolving Loan Fund. He stated that at that time, there were not sufficient monies remaining in the fund to cover the additional $18,500 commitment for engineering; therefore, the monies were to be taken from 04-17-95 - 4 - the General Fund. He then proposed that those monies now be taken from the General Fund, as a budget amendment, either through unanticipated revenues or the undesignated reserve. Responding to Commissioner Stiff, the City Manager stated he feels it is inappropriate to take the monies from the Community Housing Fund because that fund did not exist when . the $18,500 was committed for this project. Commissioner Stiff expressed concern about paying the $18,500 from the General Fund when the City has monies in other funds specifically earmarked for affordable housing. It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the Commission table the decision on this item until the May 1 meeting, when a full Commission is anticipated. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Stiff and Mayor Pro Tempore Stueck; those voting No, none. Commissioner Frost abstained. Discussion - reauest from CDBG loan Review Committee for direction on use of remainina funds in CDBG Revolvina loan Fund . Neighborhood Coordinator IGrantsperson James Goehrung noted that in the minutes from its meeting held on March 29, the CDBG loan Review Committee has requested Commission direction on future use of the Community Development Block Grant Revolving Loan Fund monies. Mayor Pro Tempore Stueck noted that during the work session held last week, the Commission seemed to favor maintaining the fund, which means that the monies would be used for loans rather than for grants. Commissioner Youngman stated her support for combining the CDBG Revolving Loan Fund and the Community Housing Fund into one fund, since the guidelines and criteria for use of those monies seems to be essentially the same. She suggested that a percentage of the fund could be earmarked for loans while another portion could be earmarked for grants; and . those percentages could be changed depending on the needs of the community. Mayor Pro Tempore Stueck cautioned that the Community Housing Fund can be used for items not allowed under the CDBG Revolving Loan Fund, Le., rent subsidies and loans for breakage deposits. 04-17-95 -- --..- - 5 - The Neighborhood Coordinator/Grants person noted that CDSG Revolving Loan Fund monies can be used in a variety of ways, as long as they are used for low- and moderate- income housing. He then cautioned that if the City has a substantial balance in its COSG Revolving Loan Fund, the State may require that some of those monies be used to write down . any future COSG application. He reminded the Commission that the City plans to submit an application for an adult day care facility at the Senior Center in June; and the current balance in that fund is approximately $150,000. Commissioner Stiff expressed concern that by combining the two funds, the City could compromise its position for future COSG applications, even though the two funds might be shown separately on a ledger sheet. He then forwarded his strong interest in retaining two separate accounts. Commissioner Frost stated that he likes the idea of one large pool of monies for affordable housing, with a minimum percentage of those monies being earmarked for loans. Responding to questions from Mayor Pro Tempore Stueck, City Attorney Luwe stated that as long as the City follows its procedure for review of applications for use of monies from . the affordable housing monies, and whether those monies are in the form of a loan or a grant, the Commission will not encounter any problems in administering the program. Commissioner Youngman expressed concern about the possibility of the State requiring that grant monies originally earmarked for low- and moderate-income housing needs be used for a public facilities project. Mayor Pro Tempore Stueck stated his support for retaining two separate funds. He recognized that combining the two funds, to generate a larger balance, makes sense; however, he cautioned that too many potential problems and conflicts have been identified. He then asked what balance the State would allow to remain in the COSG Revolving Loan Fund, without requiring the City to use some of those monies to offset a new grant application. Commissioner Frost stated that, while he sees advantages to having a single pool of . monies, he does not see disadvantages to maintaining two separate funds. He noted, however, that he wants to ensure a minimum pool of monies for loans, no matter which format is used. City Manager Wysocki reminded the Commission that COSG monies must be used in specified manners, under federal and state guidelines. He noted that the Commission has more discretion in use of the Community Housing Fund monies, since those revenues are generated 04-17-95 _m______.____ ____ - 6 - locally. He further cautioned that a future Commission may have a philosophical difference about the Community Housing Fund and its use. Commissioner Frost suggested that the Commission review the priorities and criteria for use of the Community Housing Fund monies before making a decision on possible combining . of the funds. Responding to Commissioner Youngman, Neighborhood Coordinator/Grantsperson Goehrung stated he will try to have answers for the Commission prior to its next discussion on this item. Mayor Pro Tempore Stueck requested that this item be placed on the May 1 agenda for further discussion. Discussion - Dossible eXDansion of membershiD on CDBG Loan Review Committee Included in the Commissioners' packets was a copy of Commission Resolution No. 2756, which establishes the current structure of the Community Development Block Grant (CDBG) Loan Review Committee. . Responding to Mayor Pro Tempore, City Attorney Paul Luwe stated that under the current resolution, a representative from an organization which serves low- and moderate- income persons has served. He cautioned that if a position for a low- or moderate-income person is established, some form of certification or verification must be established to ensure that the individual meets those criteria. Commissioner Youngman stated she feels it would be beneficial to have a low- or moderate-income person serving on the committee, since those people are well aware of the problems encountered. City Attorney Luwe suggested an alternative would be to establish an at-large position for someone who is concerned about low- and moderate-income individuals. Commissioner Youngman reiterated her position that a low- or moderate-income person . should serve on the committee. She recognized that the individual may encounter a conflict of interest upon occasion; however, she feels the viewpoint forwarded by that individual would outweigh that concern. She also suggested that a representative from a housing-related organization be added to the committee structure. She recognized that these additions would generate an a-member committee plus the ex officio Planning staff member; however, she feels 04-17-95 -- -...--- -- --.- - 7 - that the committee would then contain adequate representation to forward recommendations on use of the monies from both the CDBG Revolving Loan Fund and the Community Housing Fund. Mayor Pro Tempore Stueck stated he is not opposed to expanding the committee to . eight members; however, he is concerned about verification of applicants for the low- or moderate-income position without creating an invasion of privacy. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission authorize and direct staff to bring back a resolution renaming the Community Development Block Grant Loan Review Committee and revising its structure by adding a low- or moderate-income person and a representative from a housing organization working to address the housing needs of low- and moderate-income families. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Youngman, Commissioner Frost and Mayor Pro Tempore Stueck; those voting No, none. Discussion - review of (a) letter from Librarv Board of Trustees re implementation of fees for . County residents end Ibl draft letter from Librerv Boerd of Trustees to Gallatin County Commissioners outlinina stees identified durina recent work session City Manager Wysocki noted that, included in the Commissioners' packets were (a) a letter from the Library Board of Trustees, dated March 28, asking that the Commission establish a fee for use of the Bozeman Public Library by residents outside the City of Bozeman, effective July 1, 1995; and (b) a letter to be signed by the Mayor, on behalf of the City Commission, to the Gallatin County Commission outlining the steps which were identified at the March 13 work session regarding funding for libraries in Gallatin County. The City Manager noted that under the Library Board of Trustees' proposal, the annual $100,000 contribution from Gallatin County would entitle residents outside the city limits to use all library services except for checking out of materials. An annual fee of $40 per person or $100 per family would be charged for those residents outside city limits wishing to check . out materials from the library. He reminded the Commission that the County's contribution includes monies which result from implementing an optional county motor vehicle tax. The City Manager reminded the Commission that they and the Library Board of Trustees have stated their preference to find some other mechanism for generating additional County revenues to support the Bozeman Public Library; however, to date, no other alternatives have 04-17-95 --- - 8 - been implemented. He recommended that the Commission authorize the implementation of this fee, noting that a resolution must be prepared and adopted before it becomes effective. Commissioner Frost stated his support for the Board recommendation. He noted that, despite the City working with the County over the past several years, no source of additional . funds has been identified. He characterized this as an interim measure until a special voted mill levy can be implemented. Commissioner Youngman noted that, as Commissioner liaison to the Board, she was in attendance at the meeting where this recommendation was adopted. She noted that the Board struggled with the recommendation, since they do not view it as a truly viable alternative. She noted, however, they recognize that at the present time, there is no other alternative for generating adequate revenues to retain the quality level of services which currently exists. Commissioner Stiff stated his concurrence. Mayor Pro Tempore Stueck stated his concurrence as well. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the Commission authorize and direct staff to bring back a resolution implementing the annual fees . recommended by the Library Board of Trustees, based on the letter from the Board, dated March 28; and authorize and direct the Mayor to sign the letter to the County Commission, dated April 17, outlining the steps for funding of libraries which were identified at the March 13 work session. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Youngman and Mayor Pro Tempore Stueck; those voting No, none. Pledged Securities as of March 31. 1995 In compliance with the provisions of Sections 7-6-201 to 7-6-212, Montana Code Annotated, Commissioner Frost and Commissioner Youngman have examined the receipts of . Depository Bonds and Pledged Securities held by the Director of Finance as security for City funds deposited in Bozeman banks. Commissioner Frost reported that the inventory of Depository Bonds and Pledged Securities was found to be in order. It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the Commission approve the Pledged Securities as of March 31, 1995, listed as follows: 04-17-95 - 9 - DEPOSITORY BONDS AND SECURITIES MARCH 31. 1995 RATE MA TURITY RECEIPT NO. TOTAL AMOUNT FIRST SECURITY BANK - Bozeman . Federal Deposit Insurance Corporation $ 100,000.00 Trusteed with National Bank of Commerce Dupage Cnty, III SID #045 Bds 6.1 06/01/2001 048037 $ 300,000.00 Newton, IA Bonds SRS 1989 9.50 06/01/1998 046762 150,000.00 Canton, TX, Indpt SID Rfdg Bond 5.65 02/15/2000 048562 345,000.00 Cowlitz Cnty WA SID #401 6.30 06/01/2000 048236 290.000.00 Sub-Total - First Security Bank - Bozeman $ 1.085.000.00 Pledaina Amendment to Recurchase Aareement: Trusteed with National Bank of Commerce: Fed Home Loan Banks floater 07/28/1997 052396 $ 1,000,000.00 Fed Home Loan Banks 6.625 07/10/1997 052192 800.000.00 . Sub-Total - Repurchase Agreement $ 1.800.000.00 TOTAL - First Security Bank - Bozeman $ 2.885.000.00 This is to certify that we, the Commission of the City of Bozeman, in compliance with the provisions of Section 7-6-207, M.C.A., have this day certified the receipts of the National Bank of Commerce for the Depository Bonds held by the Director of Finance as security, for the deposit for the City of Bozeman funds as of March 31, 1995, by the banks of Bozeman and approve and accept the same. JOHN VINCENT, Mayor . JOE N. FROST, Commissioner ALFRED M. STIFF, Commissioner DON E. STUECK, Commissioner MARCIA B. YOUNGMAN, Commissioner The motion carried by the following Aye and No vote: those voting Aye being Commissioner 04-17-95 - 10 - Youngman, Commissioner Stiff, Commissioner Frost and Mayor Pro Tempore Stueck; those voting No, none. Discussion - FYI Items . City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Request from GalaVan, dated April 6, 1995, for City funding for a portion of the Director's attendance at the Community Transportation EXPO '95, to be held in Portland, Oregon, on May 22-26, 1995. The City Manager stated his intent to place this request on the Consent Agenda for the May 1 meeting. Commissioner Stiff asked if the City will establish a dangerous precedent by approving this request. The City Manager responded that he feels participating in the costs of sending the Director of GalaVan would not set a dangerous precedent, particularly since the City is pursuing . alternatives for public transportation. He then noted that if the Commission is uncomfortable with approving this request, it should consider authorizing the attendance of a City staff person at this conference. (2) Memo from Planning Director Epple, dated April 1 0, forwarding proposed revised language for the Commission's high priority long-range planning goal for next fiscal year. The City Manager stated his intent to place this on the next agenda for discussion and possible revision of the goal. (3) Copy of the memo from Clerk of the Commission Sullivan to the County Commission regarding the scheduling of upcoming joint work sessions, dated April 14, 1995. (4) letter from Kara J. Kelly, dated April 2, requesting permission to conduct the second annual Take Back the Night Peace March at 7:30 p.m. on Thursday, April 27. The . march is to be conducted on the sidewalks; and has been approved by the Police Department. (5) letter from the Gallatin Council, dated April 12, requesting permission to conduct the third annual Walk-N-RolI walkathon at 1 :00 p.m. on Sunday, April 30. The walk is to be held on the sidewalks; and it has been approved by the Police Department. 04-17-95 ---... ------- - 11 - (6) Minutes from the regular meeting of the Highway Commission held on February 16 and 17, 1995, along with minutes from telephone meetings of February 24, March 9 and March 17, 1995. The City Manager noted that letting of the North 7th Avenue project has been set; and . that project may be without sidewalks because the necessary easements have not been obtained. (7) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, April 18, in the Commission Room. (8) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, April 18, in the Commission Room. (9) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, April 18, at the Courthouse. (10) Copy of the Capital Improvements Program for Fiscal Years 1996-2000, as prepared by Administrative Services Director Gamradt. (11 ) Petition submitted this afternoon by Mr. Gerald Gajewski, 1104 Cherry Drive, . containing several signatures, in opposition to the installation of sidewalks along the east side of Highland Boulevard and asking that monies from the bond proceeds be used to cover the costs if it is determined that sidewalks will be installed. ( 12) The City Manager submitted his weekly report, as follows. ( 1) Stated that several staff members attended the Public Works Convention held in Cheyenne this past week. (2) Has attended several committee meetings for selection of the new Executive Vice President for the Chamber of Commerce. (3) Reminded the Commissioners that April 29 is "Clean Up Bozeman" Day and asked if they intend to clean up around City Hall; they responded in the affirmative. (4) Stated he has received questions about the cost of right-of-way acquisition along the cul-de-sac streets in Figgins Addition. He estimated that right-of-way would cost $3 per square foot, and that the cul-de-sac streets are 550 feet long. (5) Attended a meeting with . representatives from the Montana Department of Fish, Wildlife and Parks regarding the fish ponds and the air strip. He noted that a management agreement and lease agreement should be ready for Commission consideration in the near future. (6) Announced that the Police Department has obtained a grant to install a new video camera in the police cars, designed for such use. He indicated that the old video cameras can probably be utilized in other City 04-17-95 - 12 - operations, since they are still in good condition although the mountings are now unusable. (7) Announced that the old 9mm blocks from the police guns are being traded in for new upgraded blocks, simply for the cost of shipping. (8) Announced that Reliable Transaction Processing, Inc., made a penalty and interest payment on its CDSG loan on Friday, and has . renegotiated the structuring of its remaining payments on that loan. ( 13) Commissioner Frost submitted the following. (1) Attended the Bozeman City Government Study Commission meeting last week. (2) Announced that the MSU School of Architecture will be conducting a workshop on affordable housing from 9:00 a.m. to 4:00 p.m. on Saturday, April 29; and the Commissioners are invited to attend. (3) Asked how many property owners along the cul-de-sac streets in Figgins Addition would be willing to provide easements for sidewalks, with boulevards, if the City would put sidewalks in, suggesting that could help to reduce the costs of acquiring right-of-way. (14) City Attorney Luwe stated that he and Barry O'Connell, attorney representing the City in the Bozeman Solvent Site case, met with the Department of Health and Environmental Sciences on Thursday. He noted that during that meeting, possible modification of the . Department's position regarding installation of a $1.2 million water line in the affected area was discussed. ( 15) Mayor Pro Tempore Stueck submitted the following. ( 1) Stated that a conversation with School Superintendent Paula Butterfield revealed that she has spoken with Chief of Police Larry Conner about hiring a truancy officer for the High School, who would also be responsible for patrolling the school grounds and trouble spots around the school. The officer would be a City employee under this proposal. (2) Announced that, after May 1, he will be semi-retired, and asked that people wishing to contact him do so by leaving a message on his recorder at home. (16) Commissioner Youngman requested that a discussion on implementing a . procedure to respond to letters from individuals or organizations be placed on an upcoming agenda. She noted this could be as simple as a standard post-card response, just so that people know the Commissioners have received their letters. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. 04-17-95 - 13 - Proclamation - "Arbor Dav" - ADril 28. 1995 Proclamation - "Clean UD Bozeman Dav" - Amil 29. 1995 Acknowledge receiDt of staff reDort - reauest for annexation of 6.15 acres known as a Dortion of Tract 1. and all of Tracts 2. 3 and 4. Fowler Subdivision. located in the SE%. NW%. Section 11. T2S. R5E. MPM (2701 West Babcock Street) - Dennis and Joni Balian (A-9502) . Commission Resolution No. 3051 - intent to annex 6.15 acres known as a Dortion of Tract 1. and all of Tracts 2.3 and 4. Fowler Subdivision. located in the SE%. NW%. Section 11. T2S. R5E. MPM (2701 West Babcock Street): set Dubllc hearing for May 15. 1995 COMMISSION RESOLUTION NO. 3051 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 TRACTS 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 TRACTS WITHIN THE CORPORATE LIMITS THEREOF. Acknowledge receiDt of staff reDort - reauest for annexation of 3.30 acres known as Tract E-2. COS 1623. and Tract D. Film 5. Page 1113. located in the SE%. Section 31. T1N. R6E. MPM (north side of Bridaer Drive. between Bridaer Center Drive and Story Mill Road) - Grea Poncelet. Penny Youna and Kay S. Mortensen (A-9501) . Commission Resolution No. 3052 - intent to annex 3.30 acres known as Tract E-2. COS 1623. and Tract D. Film 5. Paoe 1113. located in the SE%. Section 31. T1N. R6E. MPM (north side of Bridaer Drive. between Bridaer Center Drive and Story Mill Road): set Dublic hearino for May 15. ~ COMMISSION RESOLUTION NO. 3052 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 TRACTS 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 TRACTS WITHIN THE CORPORATE LIMITS THEREOF. Acknowledge receiDt of staff reDort ~ reauest for vacation of West Cleveland Street and West Harrison Street between the west riaht-of-way line of South 8th Avenue and the east riaht-of-wav line of South 10th Avenue - Montana State University . Commission Resolution No. 3053 - intent to vacate West Cleveland Street and West Harrison Street between the west right-of-way line of South 8th Avenue and the east right-of-way line of South 10th Avenue on Montana State University camDUS - MSU: set Dublic hearing for May 1. 1995 COMMISSION RESOLUTION NO. 3053 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO 04-17-95 -..--. - 14 - V ACA TE AND ABANDON THOSE PORTIONS Of WEST CLEVELAND STREET AND WEST HARRISON STREET LYING BETWEEN THE WEST RIGHT-Of-WAY LINE Of SOUTH 8TH AVENUE AND THE EAST RIGHT-Of-WAY LINE Of SOUTH 10TH AVENUE, LOCATED ON THE MONTANA UNIVERSITY CAMPUS. Commission Resolution No. 3054 - revisino fees for soecific zoning orocesses . COMMISSION RESOLUTION NO. 3054 A RESOLUTION Of THE CITY COMMISSION Of THE CITY Of BOZEMAN, MONTANA, REVISING THE fEE SCHEDULE fOR THE ZONE CODE. Commission Resolution No. 3055 - relating to the $5.000.000 General Obligation Bonds. Series 1995; settina forth the terms thereof COMMISSION RESOLUTION NO. 3055 A RESOLUTION OF THE CITY COMMISSION Of THE CITY Of BOZEMAN, MONTANA, RELATING TO $5,000,000 GENERAL OBLIGATION BONDS, SERIES 1995; DETERMINING THE fORM AND DETAILS, AUTHORIZING THE EXECUTION AND DELIVERY AND lEVYING TAXES fOR THE PAYMENT THEREOf Aooroval of loan from CDBG Revolvina loan fund for renovation of owner- occuoied dwellina unit. oer recommendation from the CDBG loan Review Committee Authorize Mayor Pro Temoore to sian - findings of fact and Order - . Willowbrook Condominiums Subdivision - subdivide 19.09 acres into 85 residential condominium lots (south side of Durston Road at North 25th Avenue extended) Authorize Mayor to sign - Agreement with Montana Deoartment of Transoortation - Highland Boulevard Bike/Pedestrian facility (STPE 1215(1)) Award bid for one car and one 4-wheel drive oickuo for Buildina Insoection Division - Billion Chrysler Mazda. Bozeman. Montana - total bid amount of $25.900 Building Insoection Division reoort for March 1995 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 e vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayd'r Pro Tempore Stueck; those voting No, none. Recess - 4:40 D.m. Mayor Pro Tempore Stueck declared a recess at 4:40 p.m., to reconvene at 7:00 p.m., 04-17-95 - 15 - for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 D.m. Mayor Pro Tempore Stueck reconvened the meeting at 7:00 p.m., for the purpose of . conducting the scheduled public hearings. Public hearing - Commission Resolution No. 3049 - intent to create 1995 Sidewalk Proaram This was the time and place set for the public hearing on Commission Resolution No. 3049, as approved by City Attorney, entitled: COMMISSION RESOLUTION NO. 3049 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING THE CITY COMMISSION'S INTENT TO ESTABLISH A 1995 SIDEWALK PROGRAM AND TO ORDER THAT SIDEWALKS BE INSTALLED IN CERTAIN AREAS OF BOZEMAN, AS PROVIDED FOR IN SECTIONS 7-14-4109 AND 7-14-4110, MONTANA CODE ANNOTATED. Mayor Pro Tempore Stueck opened the public hearing. City Engineer Craig Brawner presented the staff report. He noted that the areas . identified for inclusion in the 1995 Sidewalk Program include: (1) South Black Avenue between Lincoln Street and South Rouse Avenue; (2) Carol Place between South Black Avenue and Kagy Boulevard; (3) South Tracy Avenue between Mason Street and Kagy Boulevard; and (4) Mason Street between South Willson Avenue and South Rouse Avenue. He stated this proposed program is based on the sidewalk priority list which was developed as a result of preparing rating and ranking sheets on all areas of the community currently without sidewalks. He stated the four main areas of consideration were public safety, public need, practicability of construction, and fairness. The City Engineer stated that on an annual basis, the Commission reviews the priority list and determines which sidewalks are to be installed, within the means of the community and the construction community. He reminded the Commission that a larger segment of the . community was initially identified for this year's program; however, because of the current construction climate and the implementation of transportation projects under the $5 million general obligation bond issue, staff and the Commission decreased its size. He noted that if the program is approved as listed above, he intends to add the sidewalk along the east side of 04-17-95 --- - 16 - Christie Field, along South Rouse Avenue, so that sidewalks are constructed around its entire perimeter, unless otherwise directed by the Commission. City Engineer Brawner stated that under the City's sidewalk program, residents are typically given one full construction season to install sidewalks. After the deadline for private . installation, which is typically October 1 or October 15, the City inventories the remaining sidewalks and prepares documents for bidding the sidewalks early the next spring, which seems to be the best time of year for such bidding. Mr. Bob McDonald, President of Wood brook Townhouse Owners' Association, stated this proposed program includes approximately % of the boundaries of Wood brook, a planned unit development which was begun about twelve years ago. He noted that requiring the installation of sidewalks at this time will mean relocation of utilities as well as the sprinkler system along virtually the entire edge of the development. Also, a substantial number of trees and bushes are located along the sidewalk alignment; and some of the berming within the development extends out to the curb line. Mr. McDonald stated that a number of years ago, property owners in Woodbrook . appealed to the Commission and were granted the concession that sidewalks would not be required around Wood brook. He expressed disappointment that now, only a few years later, the Commission is once again considering the possibility of requiring installation of sidewalks along its borders. Mr. Allan Roush, 1615 South Black Avenue, No. 72, stated that Wood brook was an approved planned unit development which did not include sidewalks. He noted that, in a memo dated November 15, 1988, he forwarded the history of that development to the Commission. He then stated he feels the Association has a legally defensible position that they should not be required to install sidewalks at this time. Mr. Gene Murray, resident of Wood brook for the past fifteen years, stated concurrence with the comments of the previous two speakers. He stated that he is responsible for . maintenance of the grounds at Wood brook, noting that those grounds are well landscaped and are becoming more beautiful as they mature. He stated that installation of sidewalks at this time would negatively impact the landscaping, and would result in some significant changes to the landscaping that has already been installed. He further indicated that changes will be required in the sprinkler system, since it currently extends into the area where the sidewalks 04-17-95 _n --- - 17 - are to be located. He stated this is not fair or equitable to the residents of the development, who have lived there for many years. He noted that sidewalks were required with Phase IV of the development; however, most people walk in Hoffman Street rather than using the sidewalk that is available. He further noted there is little pedestrian traffic in the area; and he does not . believe sidewalks are warranted. He recognized the need to provide safe pedestrian movement to and from Christie Field; however, he suggested that can be accomplished by installing the sidewalk along one side of the street only. Mr. Gilbert Moore, 220 East Mason Street, asked several questions about the sidewalk program, and the length of the payment schedule, to ensure that he properly understood the issues. Mr. Bill VanderVos asked if sidewalks are to be required in any other areas of the community under the 1995 Sidewalk Program; Mayor Pro Tempore Stueck responded that only the sidewalks listed are under consideration at this time. Responding to questions from Mr. McDonald, City Engineer Brawner stated that under the City's sidewalk policy, sidewalks are to be constructed in a standard location. He noted, . however, that the policy also provides for curvilinear sidewalks, particularly in an effort to accommodate existing mature vegetation such as trees and large bushes. He stated that boulevards are provided whenever possible, for snow storage purposes. Mr. Gerald Gajewski, 1104 Cherry Drive, asked if installation of sidewalks along the east side of Highland Boulevard is going to be scheduled for discussion, since it is not a part of the 1995 Sidewalk Program. City Engineer Brawner reminded the Commission that sidewalk along the east side of Highland Boulevard is a part of the design which they have approved for reconstruction of that portion of the roadway between Kagy Boulevard and Holly Drive. He noted that the issue remaining to be resolved is whether the costs of those sidewalks are to be paid from the general obligation bond issue or whether the adjacent property owners will be required to bear . the costs. Responding to additional questions from Mr. Gajewski, City Manager Wysocki stated that the installation of sidewalks along the east side of Highland Boulevard has been discussed on several occasions, particularly in conjunction with development of the transportation plan. He then stated that, unless the Commission determines that the adjacent property owners are 04-17-95 -.-. - 18 - to bear the costs of installing those sidewalks, there will probably not be another public meeting on the issue. Responding to questions from Commissioner Frost, Engineering Technician Andy Kerr stated there is adequate public right-of-way for installation of sidewalks around Wood brook. . Commissioner Frost noted it is not typical for the City to approve landscaping in the public right-of-way, and asked if such approval was granted for the Wood brook planned unit development. City Engineer Brawner responded that is an issue he would need to research. At Commissioner Youngman's request, City Engineer Brawner reviewed all of the questions contained under each of the four major categories upon which sidewalks within the community have been rated and ranked, as established in the sidewalk policy adopted in April 1994. He noted that this policy was developed based on the premise that sidewalks are necessary to separate pedestrians from vehicular traffic in all situations. Mayor Pro Tempore Stueck expressed concern that the installation of sidewalks around Wood brook, particularly along Mason Street and South Black Avenue, will dramatically impact . the berming that has been installed. He also noted that the creek could create some problems for installation of sidewalks. The City Engineer responded that a continuation of the meandering sidewalk that already exists around Phase IV of Wood brook would allow for retaining most, if not all, of the mature vegetation that lies along the standard sidewalk alignment. He also noted that, with installation of a curb walk at the intersection of Mason Street and South Tracy Avenue, impacts from Mathew Bird Creek should be minimized. Further responding to questions from Mayor Pro Tempore Stueck, the City Engineer stated that sidewalks provide a network for pedestrian circulation. He further noted that under the City's sidewalk policy, adjacent property owners are responsible for the installation and maintenance of that portion of the sidewalk abutting their property. . Responding to Commissioner Frost, City Engineer Brawner concurred that the sidewalk policy has a provision that states all costs over 1 % times the standard costs of installation will be borne by the City. He stated that under the 1995 Sidewalk Program, however, he does not anticipate any of the costs of installation will be that high. 04-17-95 - 19 - Responding to Commissioner Stiff, the City Engineer stated that, since Wood brook is a planned unit development, that portion of the property around the perimeter of the site is probably in common area, in which case the Association would be responsible for the costs of installation. . Mr. Allan Roush stated that some of the individual lots extend to the property line, while other areas around the perimeter are common open space. Responding to Mayor Pro Tempore Stueck, City Attorney Luwe noted that State statute clearly states that the adjacent property owner will bear the costs of installing the sidewalk. City Manager Wysocki reminded the Commission that the sidewalks are to be installed within the existing public right-of-way. He further reminded the Commission that there are other instances in the community where berming and landscaping have been impacted by the installation of sidewalks within the public right-of-way. Since there were no Commissioner objections, Mayor Pro Tempore Stueck closed the public hearing. Commissioner Frost recognized the concerns which have been expressed about . disruption of nicely landscaped areas; however, he noted the underlying issue is the public transportation system, of which sidewalks are an integral part. He noted that a significant portion of the community's population, including the young, the elderly and the disabled, move around the community on the sidewalks. He stated that he has walked in this portion of the community; and he has felt unsafe when doing so. Commissioner Youngman stated that she, too, has walked in this area, and has felt uncomfortable doing so. She then noted that, as a community changes, its needs change; and that is what has occurred in this instance. She forwarded her interest in a meandering sidewalk that will protect as much of the mature landscaping and berming as possible; however, she feels that the sidewalks should be installed. Commissioner Stiff expressed concern about ordering in sidewalks without knowing who . will bear the costs and the additional costs that will be encountered in relandscaping efforts. Mayor Pro Tempore Stueck stated he feels the sidewalk should be extended along South Tracy Avenue from the edge of Phase IV to Mason Street because of the large number of children who walk along that street to gain access to Christie Fields. He suggested, however, that the Commission consider requiring installation of sidewalks along the north side of Mason 04-17-95 - -.---." - '-~-_.- - 20- Street, between South Willson Avenue and South Black Avenue. and the east side of South Black Avenue only, rather than along both sides of those streets. City Manager Wysocki asked if the Commission wants to know the property ownership at Wood brook prior to making its decision; all of the Commissioners responded in the . affirmative. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission delay its decision on this item until May 1, to allow staff an opportunity to gather the requested information. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Pro Tempore Stueck; those voting No, none. Public hearina - Master Plan Amendment - revise the land Use Element of the 1990 Bozeman Area Master Plan Uodate to comDlv with existing zoning designation - Donions of the W%. Section 10. T2S. R5E. MPM (bounded bv Durston Road. US 191. Ferguson Avenue and Cottonwood Road) (P-9513) This was the time and place set for the public hearing on the Master Plan Amendment, . under Application No. P-9513, to revise the Land Use Element of the 1990 Bozeman Area Master Plan Update to comply with existing zoning designation in portions of the West one-half, Section 10, Township 5 South, Range 5 East, Montana Principal Meridian. The subject site is bounded by Durston Road, US Highway 191, Ferguson Avenue and Cottonwood Road. Mayor Pro Tempore Stueck opened the public hearing. Planning Director Andy Epple presented the staff report. He stated that under this application, the land use designations on the approximately 320 acres bounded by Cottonwood Road, US Highway 191, Ferguson Avenue and Durston Road differs from the zoning designations on that parcel. He noted that, because of this discrepancy, the Planning Board initiated this Master Plan Amendment to bring the land use element into compliance with the zoning designations. . The Planning Director stated that the current land use designations are suburban residential in the western half and urban residential in the eastern half of the subject site, while the zoning includes BP, Business Park, along the southern portion; R-O, Residential--Office, and B-1, Neighborhood Business, in the next strip; followed by a strip of R-1, Residential--Single- family, low-density, and PU, Public lands and Institutions; and a strip of R-G, Residential-- 04-17-95 - 21 - Office, and B-2, Highway Commercial, at the north end of the site. Under this Master Plan Amendment, the land use element designations would be revised to Business Park Industrial between US Highway 191 and West Babcock Street, with the remainder being designated as Urban Residential. . The Planning Director stated that the 1983 Master Plan designated the southern portion of the site, between US Highway 191 and West Babcock Street, for TR, Technology Research, which was converted to BP, Business Park, under the new code. Through an apparent oversight, the subject area reverted back to an undifferentiated suburban residential classification along the western half of the subject parcel, which lies just outside the sewer service boundary. He noted that this inconsistency arose when staff was reviewing a proposal to subdivide some of the property along the east side of Cottonwood Road into lots to accommodate commercial development. Planning Director Epple reminded the Commission that the sewer service boundary, which is a generalized boundary, bisects the subject parcel, with the eastern half being inside the service area and the western half being outside the service area. He noted that several . concerns about this boundary and the possibility of "bulging" it to include the entire parcel were raised at last week's agenda meeting. He stated that, if the entire parcel is not considered to be within the sewer service area, then private water and sewer systems must be installed; and those systems must be designed and constructed so they can be tied onto the City's water and sewer systems when the services are extended. The Planning Director stated that staff reviewed this Master Plan Amendment in light of the four criteria set forth in the 1990 Bozeman Area Master Plan Update; and the comprehensive findings are contained in the written staff report, which was previously distributed to the Commission. He indicated that the City-County Planning Board considered these findings as well as public input during its public hearing held on April 4, after which it forwarded its recommendation for approval of the proposed amendment. . Commissioner Stiff asked about the possibility of revising the zoning designations rather than the land use designations. Planning Director Epple recognized that as a possible alternative. He cautioned, however, that people have made substantial investments in portions of the property based on the commercial zoning designations. 04-17-95 --- ------------ -- . -- -. - ---.. - 22 - Commissioner Stiff expressed concern that creating a bulge in the sewer service area boundary to accommodate all of this subject parcel could result in pulling in the boundary somewhere else to offset the additional development. He stated that this could remove the anticipated potential for use of City sewer services for that site, causing problems in another . area of the community. Planning Director Epple emphasized the importance of recognizing the sewer service area boundary as a generalized boundary. He further noted that the Director of Public Service has indicated that the boundary should be drawn along a ridge, rather than along a low spot; and the current boundary follows a water course rather than a ridge line. He stated that if the ridge line to the west is followed, it essentially includes the entire parcel. He further noted that the study area for the new sewer facilities plan included all of the property to Cottonwood Road; however, the map showing the area to be served has not yet been developed. Mr. Joe Sabol, attorney representing all but one of the property owners involved, stated support for the Master Plan Amendment. He characterized the current land use designations as an oversight in the 1990 Bozeman Area Master Plan Update, particularly since the zoning . has been in place since the early 1980's. He noted that at the present time, a development proposal is on hold because of the conflict between the land use designation and the zoning designation. He stated that approval of this amendment will allow for annexation and development of the subject parcel, in an area of the community where growth is occurring. Mr. Sabol noted that Valley Unit Subdivision contains a substantial amount of residential zoning which permits multi-family development; and that zoning designation was used in calculating the sewer service boundaries. He noted, however, in reality, that most of that area has developed with single-family residences, substantially reducing the number of units being served. He stated that, because of these lower density areas, it may not be necessary to pull in the sewer service boundaries in any other part of the community to offset the bulge being sought for the western half of this subject parcel. He then encouraged Commission approval . of this application. Mr. Mike Potter, representing the property north of West Babcock Street, stated he has been monitoring development in the area along the city's western boundary for quite some time. He noted that with the development which is occurring in the immediate area, infrastructure extensions are moving toward the subject parcel. He stated that the urban 04-17-95 --..-----.- - 23 - residential designation seems to be more logical than low-density residential development on the subject property. He noted that determining whether the entire parcel is to be served by City sewer is essential in determining the type of housing development that can be accommodated on the western half of the parcel. He then encouraged Commission approval . of the amendment. Mr. Rick Kerin, representing the 360 Ranch, stated that a minor subdivision application along the east side of Cottonwood Road between US Highway 191 and West Babcock Street triggered this application. He stated that the proposed subdivision is to be tied to the central on-site sewage system which exists in that immediate area. He indicated support for extending the sewer service boundary to Cottonwood Road, noting there is sufficient capacity in the trunk line to accommodate the additional development. He then encouraged Commission approval of this application. Planning Director Epple entered into the record the last statement in the Planning Board's resolution for approval of this Master Plan Amendment, which reads "This recommendation is made with the understanding that the service boundary of the existing sewer system is a . generalized boundary that the Director of Public Service may interpret as including all lands east of Cottonwood Road." No one was present to speak in opposition to the requested Master Plan Amendment. Since there were no Commissioner objections, Mayor Pro Tempore Stueck closed the public hearing. There were no Commissioner objections to waiving the customary one-week waiting period for land use decisions, so the Commission proceeded to the motion and vote. It was moved by Commissioner Youngman that the Commission approve the Master Plan Amendment, under Application No. P-9513, to revise the Land Use Element of the 1990 Bozeman Area Master Plan Update to comply with existing zoning designation in portions of the West one-half, Section 10, Township 5 South, Range 5 East, Montana Principal Meridian; . and authorize and direct staff to bring back a resolution implementing the amendment. The motion died for lack of a second. Commissioner Stiff forwarded his continued concern about extending the sewer service area boundary to Cottonwood Road, and the negative impacts it may have on some other 04-17-95 - 24- portion of the community in the future. He stated that until those concerns are adequately alleviated, he cannot support this requested amendment. Commissioner Frost stated his concern is basically the same as that expressed by Commissioner Stiff. He noted that the real effects of changing the boundary in this location . won't be known until the numbers are crunched; and the needed technical information is still not available. He suggested that extending the boundary could result in straining the system without the Commission even knowing the consequences. He then stated his unwillingness to act on anything that would involve extension of the sewer service area boundary until all consequences are known. Mayor Pro Tempore Stueck stated that, while he recognizes the concerns with extension of the sewer service area boundaries that have been expressed, he does not share them. He feels that since the amendment has been initiated by the City-County Planning Board and is supported by staff, it is appropriate to approve the amendment. Planning Director Epple stated that under the 1983 Master Plan, the sewer service area boundary was drawn along Cottonwood Road. He noted that the Director of Public Service has . also indicated that, in his view, the sewer service area boundary is a generalized boundary; however, he suggested that the Director might provide a more definitive statement prior to the Commission making its decision, if the Commission so desires. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission table action on this requested Master Plan Amendment until its May 1 meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Vincent; those voting No, none. Public hearina - Zone MaD Amendment - M-1 to R-1 and R-3 - Lot 41 and 42. Bridger Creek Subdivision. Phase I (northwest corner of intersection of Story Mill Road and Bovlan Road) (Z-9519) . This was the time and place set for the public hearing on the Zone Map Amendment requested by Golf Course Partners, under Application No. Z-9519, to the change the zoning from M-1, Light Manufacturing, to R-1, Residential--Single-Family, Low Density, and R-3, Residential--Medium-density, on Lots 41 and 42 in Bridger Creek Subdivision, Phase I. The 04-17-95 - 25 - subject site is more commonly located at the northwest corner of the intersection of Story Mill Road and Boylan Road. Mayor Pro Tempore Stueck opened the public hearing. Senior Planner Dave Skelton presented the staff report. He stated that the subject lots . contain 5.34 acres, located approximately ~ mile north of Bridger Drive, abutting Story Mill Road. He noted that during initial rezoning of most of the 147-acre subdivision, Mr. Easton stated his interest in retaining the M-1 zoning on these two lots, to provide for more diversity of development options. The Senior Planner stated that, in conjunction with this requested Zone Map Amendment, the applicant has also submitted an application for a major subdivision to divide the subject two lots into 8 single-family and 22 townhouse lots. That application will be the subject of a public hearing before the City-County Planning Board in May. The Senior Planner characterized the requested rezoning as being generally more in compliance with the master plan for Phase I of Bridger Creek Subdivision than the existing zoning. Also, the requested rezoning will provide a better transition between the agricultural . land to the east and the M-1 zoning to the south. The Senior Planner stated that the City-County Planning Board conducted its public hearing on the Zone Map Amendment at its meeting held on April 4. At that time, the Board reviewed the application, in light of the twelve criteria set forth in the Montana Code Annotated and the comprehensive staff findings, as contained in the written staff report. He stated that following that review and the public hearing, the Planning Board concurred in staff's recommendation for approval. Mr. Rex Easton, Golf Course Partners, stated that they have purchased the property immediately to the south of the lots which are the subject of this request for rezoning. He noted that the proposed rezoning will provide a transition between the existing M-1 zoned property in the area and the residential development of this subject property. He stated that . they have begun to market this project; and, while the residential lots within the development appear to be quite popular, concern has been expressed about those lots which are adjacent to the M-1 zoned property. No one was present to speak in opposition to the requested Zone Map Amendment. 04-17-95 - 26 - Since there were no Commissioner objections, Mayor Pro Tempore Stueck closed the public hearing. There were no Commissioner objections to waiving the customary one-week waiting period for land use decisions, so the Commission proceeded to the motion and vote. . It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission approve the Zone Map Amendment requested by Golf Course Partners, under Application No. Z-9519, to the change the zoning from M-1, Light Manufacturing, to R-1, Residential--Single-Family, Low Density, and R-3, Residential--Medium-density, on Lots 41 and 42 in Bridger Creek Subdivision, Phase I. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Pro Tempore Stueck; those voting No, none. Public hearing - deviations from Sections 18.50.120.K and 18.50.120.8.5 to allow Darking to encroach into side vard. allow backina into allev. allow backina into South 5th Avenue and allow landscaDing in lieu of one carkina SDace - Amalaamated Enterprises. Inc.. for 504 West Main Street . This was the time and place set for the public hearing on the application for deviations. as requested by Amalgamated Enterprises, Inc., under Application No. Z-9534, as follows: from Section 18.50.120.K, to allow parking to encroach into the side yard setback, and from Section 18.50.120.B.5, to allow backing from three parking spaces into the alley and backing from two parking spaces into South 5th Avenue, and to allow landscaping in lieu of one required parking space. The subject site is more commonly located at 504 West Main Street. Mayor Pro Tempore Stueck opened the public hearing. Assistant Planner Lanette Windemaker presented the staff report. She stated that the Development Review Committee and the Design Review Board both reviewed this application at their meetings held on April 11. She noted that the applicants propose to provide four parking spaces plus one handicapped space instead of the required five spaces plus one . handicapped space. She noted that during its public hearing on this application, the Design Review Board members expressed concern about the appropriateness of backing onto South 5th Avenue. He stated that, because of that concern, the Board has forwarded a recommendation for approval of the requested deviations to allow parking in the side yard setback, to allow backing into the alley and to allow landscaping in lieu of one parking space; 04-17-95 -.-.-----.- ..---- - 27 - however, they have recommended denial of the deviation to allow backing onto South 5th Avenue. The Assistant Planner stated that, as a result of the recommendation forwarded by the Design Review Board, the applicant has prepared an alternative proposal that appears to be a . better option. Under this proposal, a hammerhead will be provided on-site, thus avoiding the need to back onto South 5th Avenue. She stated that screening is to be provided along the South 5th Avenue frontage adjacent to the parking area, to minimize visual impacts. Mr. Mike Garrity, shareholder in Amalgamated, Inc., stated the house on the subject site was the home of the late Mr. Robert McCullough. Under this proposal, the house is to be converted to professional offices in a manner which will preserve the artistic design of the building. He also noted the company's intent to enhance the landscaping and aesthetics of the lot. He noted that the subject property has been empty for essentially two years; and several previous development attempts have been unsuccessful. Mr. Garrity stated that he feels the revised parking plan addresses the concerns expressed by the Development Review Committee and the Design Review Board. He then . encouraged Commission approval of this application. Responding to Commissioner Youngman, Assistant Planner Windemaker stated that the revised site plan addresses the concerns addressed by the DRB. She suggested that approval of the application as recommended by the DRB would be appropriate. Commissioner Frost stated his support for the proposed use of this site. He suggested, however, that landscape screening be required along the City sidewalk, to minimize visual impacts of the parking lot, and that it be extended along the fence, toward West Main Street five feet beyond the north end of the parking lot. Mr. Mike Garrity indicated he has no problem with that added condition. No one was present to speak in opposition to the requested deviations. . Since there were no Commissioner objections. Mayor Pro Tempore Stueck closed the public hearing. There were no Commissioner objections to waiving the customary one-week waiting period for land use decisions, so the Commission proceeded to the motion and vote. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission approve the Certificate of Appropriateness for a minor site plan with deviations; 04-17-95 u...__. .__ ", - 28 - deny the application for a deviation from Section 18.50.120.8.5., to allow backing from two parking spaces onto South 5th Avenue; and approve the application for deviations, as requested by Amalgamated Enterprises, Inc., under Application No. 2-9534, as follows: from Section 18.50.120.K, to allow parking to encroach into the side yard setback, and from . Section 18.50.120.8.5, to allow backing from four parking spaces into the alley, and to allow landscaping in lieu of one required parking space, subject to the following conditions: 1. The landscaping area between the two parking areas shall be enhanced by several evergreen bushes and shown on the site plan prior to final site plan approval; 2. The landscaping around the low-profile freestanding sign shall be enhanced by several evergreen bushes and shown on the site plan prior to final site plan approval; 3. The access ramp shall be painted the same color as the building and shown on the site plan prior to final plat approval; 4. The parking areas will be constructed as shown on the revised site plan submitted to the Commission at this meeting; 5. Screening be added along the City sidewalk on east side of the parking area from the existing east/west screening north so that it ends approximately five feet north of the north end of the parking area; . 6. The applicant shall locate a minimum of one corner pin to accurately determine the location of the building on the lot prior to final site plan approval; 7. The applicant shall pave the public alley right-of-way, from South 5th Avenue to the west end of the subject property, to an acceptable City standard approved by the City Engineer's office and that a typical pavement detail be provided on the site plan for review and approval by the City Engineer's office prior to final site plan approval; 8. That approval of the minor site plan and certificate of appropriateness shall be limited to the use of only the ground floor and second floor as office space for an occupancy of not more than ten persons, and shall be limited to the use of the garage as an employee off-street parking space; 9. Adequate bike parking facilities shall be provided and shown on the site plan prior to final site plan approval; 10. A permanent irrigation system shall be provided to all landscaped areas and shown on the site plan prior to final site plan approval; . 11. The techny arborvitae provide as screening along the alley shall be five (5) feet tall at the time of planting and shown on the site plan prior to final site plan approval; 12. The disabled parking space shall be a minimum of thirteen (13) feet wide and shown as such on the site plan prior to final site plan approval; 13. The applicant shall provide a building engineering design and calculations showing compliance with U8C Table 23-A "Uniform and Concentrated Loads"; 04-17-95 ------- ~ - 29 - 14. The alley right-of-way from South Fifth Avenue to the applicant's west property line shall be improved with hot mix asphalt in accordance with City standards and specifications. All improvements shall be reviewed and approved by the City Engineering Office prior to construction thereof; 15. Adequate snow storage areas shall be identified on the final site plan; 16. Water service must be upgraded to current City of Bozeman standard. . This will include the installation of a dual check valve and a remote reader on the water meter, both at the applicant's expense; 17. Access to existing meter in basement must be maintained during and after remodel, subject to Water Department approval; 18. The applicant shall comply with the conditions of the April 10, 1995 memo from John P. Pavsek, Project Engineer, City of Bozeman Engineering Department, as follows: a. The final site plan shall be adequately dimensioned; b. A Stormwater DrainagelTreatment 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), stormwater detention/retention basin details (including basin sizing and discharge calculations, and discharge structure details), stormwater discharge designation, and a stormwater maintenance plan; . c. Plans and specifications for public or private street improvements (including curb, gutter and sidewalks), prepared by a Professional Engineer (PE) registered in the State of Montana, shall be provided to, and approved by, the City Engineer. 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 permit will be issued prior to City acceptance of the infrastructure improvements; d. All infrastructure improvements, including public or private streets, including curb/gutter and sidewalks, shall be financially guaranteed or constructed prior to occupancy. . No building permits will be issued prior to completion and acceptance of the public infrastructure improvements; e. The drive approach shall be constructed in accordance with the City's standard approach (i.e., concrete apron, sidewalk section and drop curb) and shown as such on the final site plan. A City curb cut and sidewalk permit shall be obtained prior to final site plan approval; f. City standard sidewalk shall be installed and properly depicted at the standard location (i.e., 1 foot off property 04-17-95 - 30 - line) along the street(s) frontage. Any deviation to the standard alignment or location must be approved by the City Engineer; g. Typical curb details (Le., raised and/or drop curbs) and typical asphalt paving section detail shall be provide and approved by the City Engineer. Concrete curbing shall be . provided around the entire parking lot perimeter and adequately identified on the final site plan; h. City standard "No Parking" signs shall be placed at the alley on the rear of the building. The number and format of the signs shall be coordinated with the City Sign Department; L The required number of off-street parking spaces shall be provided by the applicant in accordance with Section 18.50.120.B.(3) of the Zone Code unless a variance or deviation is granted by the governing body; j. The configuration of the off-street parking shall comply with the requirements of Section 18.50.120 of the zone Code unless a deviation or variance is granted by the governing body. This includes parking stall dimensions, drive aisle widths, lot surfacing and curbing; k. Adequate snow storage area must be designated outside the site triangles, but on the subject property (unless a snow storage easement is obtained for a location off the . property and filed with the County Clerk and Recorder); and I. Drive approach and public street intersection sight triangles shall be free of plantings which at mature growth will obscure vision with the sight triangle; 19. Seven (7) copies of the final site plan containing all of the conditions, corrections and modifications approved by the City Commission shall be submitted for review and approval by the Planning Director within six months of the date of DRC approval. A copy of the approved final site plan shall be forwarded to the Building, Street/Sanitation, Water/Sewer, Engineering, and Fire Departments by the Planning Office; and one copy shall be retained in the Planning Office file; 20. The applicant shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements at the time of final site plan submittal. Detailed cost estimates, construction plans and methods of security shall be made a part of that Agreement; 21. A Building Permit must be obtained prior to the work, and must be . obtained within one year of final site plan approval. Building permits will not be issued until the final site plan is approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of the final site plan, including excavation and footing preparation, but NO CONCRETE MAYBE POURED UNTIL A BUILDING PERMIT IS OBTAINED; 22. BUILDING PERMITS WILL BE ISSUED ONLY AFTER COMPLETION AND ACCEPTANCE OF THE WATER AND SEWER IMPROVEMENTS. All other infrastructure improvements including public or private streets, 04-17-95 - 31 - curb/gutter, sidewalks, and storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to occupancy; and 23. If occupancy of the structure is to occur prior to the installation of all required on-site improvements, the Improvements Agreement must be secured by a method of security acceptable to the City of Bozeman equal to one and one-half times the amount of the estimated cost of the . scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve (12) months; however, all on- site improvements shall be completed by the applicant within nine (9) months of occupancy to avoid default on the method of security. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Pro Tempore Stueck; those voting No, none. Public hearina - deviations from Sections 18.50.120 and 18.50.120.B.5 to allow reduction of Darkina reauirements bv 1 SDace and allow backina into alley in coniunction with removal of existing dUDlex and construction of new four-unit aDartment building - Teslow Construction for 414 West Babcock Street This was the time and place set for the public hearing on the application for deviations, as requested by Teslow Construction, under Application No. Z-9533, as follows: from Section . 18.50. 120.F., to allow reduction of parking requirements by one space, and from Section 18.50.120.B.5, to allow backing into alley from five parking spaces. The subject site is more commonly located at 414 West Babcock Street. Mayor Pro Tempore Stueck opened the public hearing. Associate Planner Dale Beland presented the staff report. He stated that the deviations are being sought in conjunction with removal of the existing duplex at 414 West Babcock Street and construction of a new four-unit apartment building. He stated the existing Bridger Arms Condominium building is a ten-unit brick building which faces South 4th Avenue, with West Babcock Street running along its north end. The applicant's proposal is to construct the four-plex along the west side of the parking area which is located immediately to the west of the existing building. . The Associate Planner stated that this application was the subject of reviews before the Development Review Committee and the Design Review Board on April11. As a result of their reviews, a series of suggested changes were offered, including enhancement of the north end of the building, which fronts on West Babcock Street. 04-17-95 --- ---------. - 32 - Mr. Mike Teslow, applicant, stated he represents Mr. Jack Lovelace, owner of the property. He briefly reviewed the history of this project, noting that a six-plex was originally planned for the site. He noted there are 27 parking spaces in the existing parking lot; and five more parking spaces are to be provide at the south end of the new building, from which . backing into the alley will be necessary. He stated that a survey of the parking lot has shown fifteen cars parked. He further noted that the existing duplex is to be removed and replaced with a four-plex; so only two new dwelling units are being added to the site. He then asked for Commission approval of the requested deviations, noting that the applicant is willing to meet all of the conditions which the Design Review Board has attached to approval of the Certificate of Appropriateness for this minor site plan. Responding to Commissioner Youngman, Mr. Teslow stated that the existing duplex is to be moved to a different site, probably on North Black Avenue. He then stated his preference for seeing the building reused rather than destroyed. Commissioner Frost asked if the conditions for approval should be amended to more specifically reflect the type of enhancements to be made to the porch and entryway. . Associate Planner Beland responded that the minutes of the Design Review Board were not available when he prepared the report. Commissioner Frost asked that Condition No.1 from the ORB motion be substituted for Condition No.3 in the staff report. Responding to Commissioner Youngman, City Manager Wysocki stated it would be inappropriate to add a condition requiring relocation of the existing structure since the Commission is considering the deviations only, and not the minor site plan. No one was present to speak in opposition to the requested deviations. Since there were no Commissioner objections, Mayor Pro Tempore Stueck closed the public hearing. There were no Commissioner objections to waiving the customary one-week waiting . period for land use decisions, so the Commission proceeded to the motion and vote. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission approve the Certificate of Appropriateness for a minor site plan with deviations, as requested by Teslow Construction, under Application No. Z-9533, as follows: from Section 18.50.120.F., to allow reduction of parking requirements by one space, and from Section 04-17-95 - 33 - 18.50.120.B.5, to allow backing into alley from five parking spaces, subject to the following conditions: 1. The applicant is strongly recommended to offer the existing duplex for relocation (in lieu of demolition) in order to preserve "affordable housing resources; . 2. The West Babcock Street elevation of the four-plex shall be revised to incorporate comments by the Historic Preservation Officer. The "top right" elevation option submitted by the applicant is preferred; 3. The elevations shall be revised to reflect porches which are articulated with railing or post treatments that give them more of a residential character; 4. The Unit No. 4 plan shall be revised to include either an entry to the south yard or windows on the south facade; 5. A six-foot privacy fence shall be erected along the west property line adjacent to the four-plex; 6. Additional shrubbery shall be installed along the southern border of the green space adjacent to Unit No.4; 7. The trash enclosure shall be compatible in design and materials with the four-plex; 8. The alley right-of-way from South Fourth Street to applicant's westerly . property line shall be improved with hot mix asphalt in accordance with City standards and specifications. All improvements shall be reviewed and approved by the City Engineering Office prior to construction thereof; No building permits will be issued prior to City acceptance of the improvements; 9. The City Water Department will inspect the existing sewer and water service lines to determine if they are reusable for this four-plex project. The City may require new water and sewer service lines at applicant's expense; 10. The applicant must show size of service lines needed for the project on the site plan; 11. Application for new water and sewer services (if required) must be made at the City Engineering Office; 12. The drive approaches shall be constructed in accordance with the City's Standard Approach (i.e. concrete apron, sidewalk section, and drop-curb) and shown as such on the final site plan. A City Curb Cut and Sidewalk . Permit shall be obtained prior to final site plan approval. The drive approach off West Babcock shall be widened to 24 feet; 13. An accurate, dimensioned detail of the domestic water meter location, inside the four-plex, shall be shown on the final site plan and approved by the Water/Sewer Superintendent; 14. All existing utility and other easements shall be shown on the final site plan; 04-17-95 - 34- 15. A Stormwater Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease, and other pollutants shall be provided to and approved by the City Engineer. The plan shall demonstrate adequate site drainage (including sufficient spot elevations), stormwater detention/retention basin details (including basin sizing and discharge calculations, and discharge structure details), stormwater discharge destination, and a stormwater maintenance plan; . 16. All fire hydrants within 500 feet shall be shown or indicated on the Final site plan; 17. Typical curb details (i.e. raised and/or drop curbs) and typical asphalt paving section detail shall be shown on the Final Site Plan and approved by the City Engineer. Concrete curbing shall be provided around the entire new parking lot perimeter and be adequately identified on the final site plan. 18. Adequate trash dumpster/enclosures shall be provided for the existing condos and the proposed four-plex as approved by the Streets/Sanitation Superintendent; 19. Drive approach and public street intersection sight triangles, in accordance with Section 18.50.080 of the Zoning Ordinance, shall be shown on the final site plan and maintained free of plantings which, at mature growth, will obscure vision within the sight triangle; 20. All exterior light fixtures shall be designed with cut-off shields to deflect light down and/or away from adjacent properties and streets, and must be detailed on the final site plan. Light fixture luminaires shall not be . visible from adjacent properties and streets. Light standards shall not exceed a height of 20 feet or the height of the structure, whichever is lower; 21. A temporary form of the street/road address shall be displayed at all times during construction of the building, and a permanent address shall be displayed upon completion of the development; 22. The final landscape plan shall include finish grade contours (at appropriate intervals) and finish grade elevations at all building corners, entries, sidewalks, and curbs; as necessary to assure adequate control of storm drainage and handicapped accessibility; 23. The required number and configuration of off-street parking spaces and handicapped parking spaces shall be provided in accordance with Section 18.50.120 of the Zoning Ordinance unless the requested variance or deviations are granted by the City Commission; 24. Seven (7) copies of the final site plan containing all of the conditions, corrections and modifications approved by the City Commission shall be submitted for review and approval by the Planning Director within six . months of the date of City Commission approval. A copy of the approved final site plan shall be forwarded to the Building, Street/Sanitation, Water/Sewer, Engineering, and Fire Departments by the Planning Office; and one copy shall be retained in the Planning Office file; 25. The applicant shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements at the time of final site plan submittal. Detailed cost estimates, construction plans and methods of security shall be made a part of that Agreement; 04-17-95 ----- - 35 - 26. A building permit must be obtained prior to the work, and must be obtained within one year of final site plan approval. Building permits will not be issued until the final site plan is approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of the final site plan, including excavation and footing preparation, but NO CONCRETE MA V BE POURED UNTIL A BUILDING PERMIT IS OBTAINED; . 27. BUILDING PERMITS WILL BE ISSUED ONL V AFTER ACCEPTANCE OF THE WATER AND SEWER SERVICES. All other infrastructure improvements including public or private streets, curb/gutter, sidewalks, and storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to occupancy; and 28. If occupancy of the structure is to occur prior to the installation of all required on-site improvements, the Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than 12 months; however, all on-site improvements shall be completed by the applicant within nine months of occupancy to avoid default on the method of security. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Pro Tempore Stueck; those voting No, none. . Adjournment - 9:12 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner Frost and Mayor Pro Tempore Stueck; those voting No, none. c!Jtnt 2_/f~ DON E. STUECK Mayor Pro Tempore ATTEST: . ~/ c/JdL,O ! @ :/ /,' /~ -----/ ,/ ~ ROBIN L. SULLIVAN Clerk of the Commission 04-17-95