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HomeMy WebLinkAbout1994-10-10 ccm MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA October 10, 1994 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, October 10, 1994, at 3:00 p.m. Present were Mayor Vincent, Commissioner Stiff, Commissioner Stueck, City Manager Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan. Commissioner Youngman and Commissioner Frost were 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. Mayor Vincent asked if any of the Commissioners wished to remove any of the Consent Items for discussion. City Manager Wysocki requested that the amendment to the professional services agreement with Marvin and Associates be removed for discussion. Minutes . Mayor Vincent deferred action on the minutes of the regular meetings of August 29, September 6, September 12, September 19, September 26 and October 3 to a later date. Reauest for modification of conditions for aDDroval of Durston Meadows Subdivision - Ken Burnham Submitted to the Commission just prior to the meeting were a copy of the letter from Mr. Ken Burnham, dated September 8, and a draft copy of the portion of the September 6 minutes pertaining to this item. City Manager Wysocki cautioned that, since there are only three Commissioners present at this meeting, all votes must be unanimous for a motion to carry. He requested that this requirement be carefully considered in all decisions. . At Mayor Vincent's direction, Assistant Planner Lanette Windemaker provided a brief background on this agenda item. She reminded the Commission that this is a 146-lot subdivision located north of Durston Road between North 25th Avenue and North 27th Avenue, on a 30.416-acre portion of the Annie Subdivision. 1 0-1 0-94 - 2 - The Assistant Planner stated that the applicant is requesting that the Commission reconsider two of the conditions which it attached to approval of the preliminary plat. The first one is clarification on Condition No. 21, which pertains to impact fees; and the second is on Condition No.7, which requires development of North 27th Avenue to a full collector standard . in conjunction with development of this subdivision. She explained that Condition No. 2t is designed to put the developer on notice that impact fees may be implemented in the near future and that, if the subdivision is not fully developed by that time, impact fees will be assessed against the undeveloped lots, at the stage set forth in the documents which create the impact fees. She stated that this same condition is now being attached to all new subdivisions. The Assistant Planner stated that the developer originally requested that North 27th Avenue be constructed as a gravel emergency access only. She stated that this request conflicts with three issues in the subdivision regulations: (1) it would result in seven cul-de-sac streets over 500 feet long; (2) it would allow for a half street, which is prohibited; and (3) secondary emergency accesses are acceptable only when dedicated right-of-way cannot be provided due to topography or other physical conditions. . Mr. Ken Burnham, applicant, stated that his concerns about the impact fees arose when he reviewed the language in the resolution. He stated that he has no problem with impact fees, as long as they are uniformly applied; however, he does not feel it would be appropriate for him to be required to pay the impact fees while other subdivisions might be exempted. He then requested that this condition be clarified. Planning Director Andy Epple stated the City is in the process of developing impact fees, which will probably be implemented within the next year; therefore, the Planning Board felt it was appropriate to begin adding a condition which puts the developer on notice that such a program is forthcoming and will impact the subdivision if it is not fully developed by that time. He assured the developer that this condition is not designed to single out one subdivision, but to ensure that there are no surprises in the future when legally adopted impact . fees are assessed. He pointed out that all impact fees must be equitable and fair, not placing an unfair burden on any parcel; and assured the applicant and the Commission that any impact fees assessed against this subdivision will be fair and equitable, and uniformly applied throughout the community. 1 0-1 0-94 - 3 - The Planning Director reminded the Commission of previous discussions concerning the most appropriate time to assess impact fees. He stated that the consultant is recommending that the impact fees be collected at the latest possible stage of development, which would be upon drawing of the building permit. He noted that recommendation is based . on the fact that development of the site is what generates impacts on identified services. Responding to Commissioner Stueck, Planning Director Epple affirmed that if impact fees are implemented at the time the building permit is drawn, then any undeveloped lots within the subdivision will be subject to those impact fees. He indicated, however, that impact fees will not be assessed against those lots for which permit fees have been drawn at the time the impact fees are implemented. Responding to Mayor Vincent, Mr. Burnham stated that, based on this discussion and assurances that impact fees will be uniformly assessed, he is comfortable with the provisions of Condition No. 21. City Attorney Luwe noted this is not the first subdivision upon which this type of condition has been placed. He assured that the applicant will not be treated any differently . from any other developer as impact fees are implemented. Planning Director Epple stated a willingness to send Mr. Burnham a letter clarifying the City's position regarding impact fees, with emphasis on the fact that those impact fees will be uniformly applied. He then noted that if impact fees are not adopted on a community-wide basis, this project would not be subject to any impact fees even with Condition No. 21 included in approval of the subdivision. Mr. Ken Burnham then turned his attention to Condition No.7, stating that he had originally proposed this as an affordable housing project, with North 27th Avenue being a gravel secondary access for emergency vehicles only. He noted that, upon learning that a secondary access for emergency vehicles cannot be dedicated to the City, he told his consulting engineers to include maintenance and upkeep of the access under the homeowners' association. He . further stated that, through an apparent misunderstanding of his intention, Planning staff came back with the recommendation that North 27th Avenue be developed to a full collector standard. He pointed out that only one-half of the right-of-way for the North 27th Avenue alignment is on his property, but under this condition, the entire right-of-way would be taken from his property. He expressed concern that this will result in eliminating fourteen of the lots 1 0-1 0-94 --......-"......-..,. .-.." -----.- - - -----. ...-.- .. .---- - 4 - he had planned to develop; and construction of 2,500 lineal feet of collector street is very expensive. He stated that these two items combined result in a negative financial impact on his proposed development. He then asked that the Commission revise this condition, allowing him to install the gravel secondary access for emergency vehicles which he had originally proposed. . Responding to City Manager Wysocki, Assistant Planner Windemaker stated that Mr. Burnham was not present at the Development Review Committee meetings, although his consulting engineer, Mr. Dennis Foreman, was present at one of those meetings. Responding to additional questions from the City Manager, Mr. Burnham stated that, because of his concerns about information he was receiving from his consulting engineer, he felt it best to approach the Commission for clarification of the subdivision regulations and the conditions which have been attached to approval of this subdivision. Responding to Commissioner Stueck, the Assistant Planner stated that the collector street standards vary slightly; however, in this instance, a 65-foot right-of-way with a 42-foot- wide, back-of-curb to back-of-curb, paved street is being required. . City Manager Wysocki noted that, typically. a developer is required to install one-half of a local street standard, plus curb, gutter and sidewalk on one side of the street. In this instance, the developer is being asked to provide a full collector street; however, under the conditions for approval, it can be installed in phases instead of an upfront improvement. Reponding to questions from City Manager Wysocki, Assistant Planner Windemaker stated that when the 65-foot right-of-way for North 27th Avenue was required, it was recognized that the potential existed for losing fourteen of the lot which were originally planned. She then emphasized the fact that dedication of half a road right-of-way is not acceptable. She cautioned that if only 32 Y:z feet of right-of-way is required from this applicant, it may be difficult to obtain the other 32 Y:z feet of right-of-way from the adajcent property owner to the west; and this would result in one-half of a street dedication. . City Attorney Luwe stated that to provide what the developer is asking will require a variance to the subdivision regulations; however, no variances have been requested. He then suggested that if the Commission is inclined to consider the applicant's request, it should direct that this application go back through the process, with the appropriate variance requests attached. 10-10-94 - 5 - Commissioner Stueck noted that since only three Commissioners are present at this meeting, it would probably be to the applicant's advantage to defer action until a full Commission is present. Commissioner Stueck then noted that approval of another recent subdivision, located along Fowler Avenue, the developer was required to install only a portion of the asphalt mat; . and the City agreed to install the center portion to create a 3D-foot-wide asphalt mat until the property to the east is required to install the remainder of the street. He then expressed concern that if this applicant is required to bear the full costs of installing the street now, the developer of the property to the west could have a free ride because of the road already being installed unless some type of payback provision is added. City Manager Wysocki suggested that if the land along the west side of North 27th Avenue is developed, it might be possible to require that the developer extend North 27th Avenue further to the north. He noted that this would follow the City's policy that a developer extend infrastructure improvements which had been previously extended to the parcel which he is developing. . The City Manager suggested that if the Commission wishes to defer action until a full Commission is present, the developer may wish to begin the variance process prior to the Commission decision, to minimize any delays. He then encouraged the developer to be present or have representation present at any future meetings, particularly since he was not represented at the last two meetings regarding this subdivision. It was moved by Commissioner Stueck, seconded by Commissioner Stiff, that the Commission defer action on this request until October 24, when a full Commission is present. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stueck, Commissioner Stiff and Mayor Vincent; those voting No, none. Authorize City Manaaer to sign - amendment to Professional Services Aareement - Marvin and . Associates - desiQn of signal at intersection of South 19th Avenue and West College Street City Manager Wysocki reminded the Commission that he had requested this item be removed from the Consent Items, at Commissioner Stueck's request. Director of Public Service Forbes distributed copies of a letter from Marvin & Associates to City Engineer Craig Brawner, dated September 2, which provides background 10-10-94 .--- - 6 - information on this item. He noted that in City Engineer Brawner's memo dated September 14, the first figure should be $13,900 instead of $13,800, which will make the other numbers balance correctly. The Director of Public Service stated that the installation of this traffic signal was estimated at $150,000, which was $50,000 less than listed in the transportation plan. He . stated that as the consultant has studied the intersection, what he had anticipated as a straight forward project has become constantly more complicated. He stated that, to accommodate traffic counts and turning maneuvers, widening of the lanes and lengthening of turning lanes will be necessary to handle the anticipated traffic volumes. He also noted that, with the need for increased width, drainage problems occur due to the proximity of this roadway to the Farmers' Canal. Director of Public Service Forbes further stated that staff has reviewed this amendment and the support information submitted and determined that it is appropriate. He noted that the revised cost estimates for construction are now $240,000; and with this amendment, the engineering services are 8.9 percent of the construction costs, 7.0 percent . of which is for inspection fees. He characterized this as a reasonable fee, and recommended that the Commission approve this amendment. Responding to Commissioner Stueck, Director of Public Service Forbes reviewed the payments for services, and the percentages of completion at which those payments are made. He stated that, with this amendment, the total amount to be paid for design services will be $21,380. The Director of Public Service stated that a boilerplate professional services agreement has been recently completed. He noted that, without that base agreement, it is difficult to analyze and understand the amendment, and indicated that he will provide a copy of the boilerplate agreement to the Commissioners. Commissioner Stueck thanked the Director of Public Service for his explanation, and . voiced his support for approval of this amendment. It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the Commission authorize and direct City Manager Wysocki to sign the amendment to the Professional Services Agreement with Marvin and Associates for design of the signal at the intersection of South 19th Avenue and West College Street. The motion carried by the 10-10-94 .. .--. .----- - 7 - following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Stueck 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 of resignation from the Tax Increment Financing Industrial District Board, submitted by Linda Reynolds. (2) Memorandum forwarding late information received through a telephone call from Kim Gaffney, stating opposition to the Sundance Springs development. Responding to Mayor Vincent, the City Attorney cautioned that the Commission may not consider any information received after the close of the public hearing. He noted that, as a practical matter, it is sometimes difficult or impossible to avoid additional public comment; however, the Commissioners must take care, from a legal standpoint, to not consider that information in the decision-making process. . (3) Letter from the Southwest Montana Building Industry Association, dated October 7, forwarding comments on several issues, including affordable housing, the $5 million bond issue for transportation, and impact fees. The City Manager suggested that the Commission direct him to place an item on the agenda for discussion of several of the recommendations forwarded by the Housing Task Force for affordable housing before they begin to take action on the recommendations. The Commissioners directed him to do so. (4) Memo from Administrative Services Director Gamradt, dated October 10, forwarding a request that the City issue $9,050,000 in private activity revenue bonds for the 160-unit multi-family rental project in Annie Subdivision. The City Manager cautioned that the timeline for the various processes involved in . the issuance of this type of bonds is very short; and the Commission will be asked to respond quickly. (5) Agenda for the Development Review Committee meeting which was held on Tuesday, October 4, at the Carnegie Building. 1 0-1 0-94 - 8 - (6) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, October 11, at the Carnegie Building. (7) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, October 11, at the Carnegie Building. . (B) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, October 11, at the Courthouse. (9) Agenda for the Highway Commission meeting to be held in Helena on Thursday, October 13. (10) The City Manager submitted his weekly report, as follows. (1) Stated that a few problems arose during the MSU Homecoming weekend, noting one incident included a rugby participant from Idaho breaking the rear window out of a police car with his head. (2) Announced that leaf pick-up is scheduled to begin later this month. (3) Announced that substantial progress has been made on implementing improvements at the eleven intersections identified as needing safety improvements. The painting of curbs and installation of signage have been completed, with tree-trimming yet to be done. (4) Announced that the Water . Quality Bureau will conduct an entrance conference regarding the waste water treatment plant operations at 10:00 a.m. on Monday, October 31; and an exit conference is scheduled for 10:00 a.m. on Thursday, November 3. This is a part of the Bureau's technical assistance program, which is designed to assist local governments in review of their operations. (5) Thanked Commissioner Stiff for attending the Montana League of Cities and Towns Conference in Butte this past week, as the Commission's only representative. (6) Announced that staff is currently flushing hydrants. He stated that approximately 100 hydrants, or 20 percent of the hydrants in the community, have been flushed; and some of those hydrants will require replacement. (7) Announced that several of the City's water plant operators and water system maintenance people are being recertified, which is required every two years. (8) Stated that playground equipment, including equipment for the disabled, is being installed at Bogert Park. . (9) Reminded the Commissioners of the importance of talking to various groups about the general obligation bond issue. He then indicated that he has scheduled a presentation to engineers and architects at a noon luncheon on October 19 and asked that one of the Commissioners plan to attend with him. 10-10-94 --------- . - -----.---- - 9 - (11 ) The City Manager stated that, upon his return from vacation, he was informed that the Commission wanted to meet with the County Commission, probably during the afternoon session on October 24. He then asked if the Commissioners wish to maintain that schedule and what topics they wish to discuss. The following topics of discussion were set: gas tax, the status of dedication of the . West Babcock Street right-of-way between Pizza Hut and Ferguson Road, and impact fees. (12) Commissioner Stiff submitted the following. (1) Stated he will defer any presentation on the League of Cities convention until a full Commission is present. He noted, however, that the City did receive an achievement award for the lowest experience modification factor for the worker's compensation program for members with populations in excess of 5,000. Also, the Montana Municipal Insurance Authority has been an extremely healthy program, due in large part to its board of directors; and that includes City Manager Wysocki. He stated that the MMIA has decided to give $1 million in dividends in recognition of its experience; and the City of Bozeman will receive $52,180. (2) Attended the groundbreaking ceremonies for the Interfaith Housing project. (3) Attended the Firefighters' . breakfast this morning. (4) Distributed copies of an article entitled House w/vu, 8 acres, $3 million, published in the October 17, 1994 edition of Forbes 400. He stated this article is from the special edition of Forbes Magazine, which lists the 400 wealthiest people in the United States. The article is centered around Jackson Hole, Wyoming; and its listing of five other cities includes Bozeman, the only one in Montana which is mentioned. ( 13) Clerk of the Commission Sullivan reviewed the agenda for next week's meeting, which includes several public hearings. (14) City Attorney Luwe submitted the following. (1) Announced that a quit claim deed for a sewer and water main easement at Main Mall is to be submitted to the City later this week. He stated that, in an effort to allow the owners to proceed with a project yet this fall, he will ask the City Manager to sign the paperwork and then place the item on next . week's agenda for ratification. (2) Stated that a new sewer line is being installed at the Bozeman Solvent Site, and should be completed within the next couple months. That may be followed by some limited remediation and then removal of the old sewer line and more remediation in the spring or possibly earlier. 10-10-94 -. - 10- ( 15) Mayor Vincent submitted the following. (1) He and Commissioner Stueck attended the Bozeman Property Owners' Association on Thursday evening, at which time the bond issue was discussed. He stated that the property owners prefer a more broad based tax than a property tax to fund transportation projects if one can be found. (2) He and . Commissioner Stiff attended the groundbreaking ceremonies for the Interfaith Housing project. (3) Stated he has been studying the provisions of CA28. He noted that, while CA28 would allow the Legislature to set the valuation at the purchase price of the home, it does not require that method be used. He then stated that the passage of this constitutional amendment would probably not be addressed early in the legislative session; rather, it would probably be late in the regular session or possibly during a special session that the issue would be resolved. He cautioned that this could create some extreme problems when trying to set next year's budget. ( 16) Commissioner Stueck submitted the following. (1) Attended the Bozeman Property Owners' Association meeting on Thursday evening. He noted that some of the people from the Northeast Neighborhood Alliance stated that if the Front Street project is not to be completed, they would prefer that it not be started. He asked if the $1 million set aside for . that project could be used for West Oak Street between North 7th Avenue and North 19th Avenue, with reimbursement from FAU funds at a later date; the City Manager responded that the State will not reimburse for a project already completed. (2) Attended the MSU President's Round Table on Thursday. He stated that following that meeting, he spent a few meetings with President Malone, during which he suggested that many of the housing problems and traffic problems are created by MSU students. He further suggested that freshmen not be allowed to have cars. He noted that President Malone indicated that MSU is seriously considering construction of a new dormitory west and south of Roskie Hall. He also stated that he discussed the possibility of allowing the City to use the soccer fields at MSU for a couple more years, until the new fields being installed can accommodate the children. (3) Announced that Greg Poncelet, Montana Ready Mix, has removed the concrete at the Interfaith Housing . site. ( 17) Commissioner Stueck noted the Commissioners have received a letter from Kathy Pattee, Principal of the Monforton School, requesting that the City enforce its curfew. He then requested that this item be placed on the agenda for discussion. 10-10-94 - 11 - City Attorney Luwe stated that he has asked Staff Attorney Wordal to research this issue and submit a draft ordinance for his review. He stated that as soon as that process is complete, he will review it and submit it to the Commission for action. Consent Items . City Manager Wysocki presented to the Commission the following Consent Items. Commission Resolution No. 3016 - levving and assessina delinauent 1993 sidewalk reoair oroaram charaes; set oublic hearing for October 24. 1994 COMMISSION RESOLUTION NO. 3016 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA. LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO COLLECT 1993 SIDEWALK REPAIR CHARGES PLUS COSTS AND EXPENSES INCURRED BY THE CITY OF BOZEMAN. Commission Resolution No. 3017 -Ievving and assessing delinauent weed mowina charaes for Fiscal Year 1994; set oublic hearing for October 24. 1994 COMMISSION RESOLUTION NO. 3017 . A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO COLLECT WEED CUTTING OR EXTERMINATING CHARGES PLUS COSTS AND EXPENSES INCURRED BY THE CITY OF BOZEMAN, AS PROVIDED FOR IN SECTION 7-22-4104, MONTANA CODE ANNOTATED AND CHAPTER 8.36 OF THE BOZEMAN MUNICIPAL CODE. Commission Resolution No. 3018 - authorize sale of cooled bonds for Soecial Imorovement District Nos 660 & 663 - imorovements to Vallev Unit Park and oaving 1 ,642-foot West Oak Street from west edge of North 19th Avenue West - $374.600; set bid ooening for October 24. 1994 COMMISSION RESOLUTION NO. 3018 RESOLUTION RELATING TO $374,600 POOLED SPECIAL IMPROVEMENT DISTRICT BONDS, SERIES 1994 (SPECIAL IMPROVEMENT DISTRICT NOS. 660 AND 663); AUTHORIZING THE ISSUANCE AND CALLING FOR THE . PUBLIC SALE THEREOF. Authorize exoenditure of $4.978.90 as oartial reimbursement for costs billed bv the Montana Deoartment of Health and Environmental Sciences for the Bozeman Solvent Site 10-10-94 - 12 - Reauest for Dermission to conduct Darade - MSU Indian Club - Wednesday. October 12. 11 :00 a.m. - beainnina at Federal Buildina on South Tracy Avenue. West Oliye Street. South Willson Avenue. West Cleveland Street. South 7th Avenue. West Garfield Street to Strand Student Union Building; limited to one lane only Claims . It was moved by Commissioner Stueck, seconded by Commissioner Stiff, 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 Stueck, Commissioner Stiff and Mayor Vincent; those voting No, none. Adjournment - 4:20 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 and Mayor Vincent; those voting No, none. . ~~u4 - ( ATTEST: ~;/~ ROBIN L. SULLIVAN Clerk of the Commission . 1 O~ 10-94