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HomeMy WebLinkAbout1994-08-15 ccm '.....,.~...~ " JjI MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA August 15, 1994 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, August 15, 1994, at 3:00 p.m. Present were Mayor Vincent, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost, City Manager Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - Special meetings of Julv 12, 15, 19 and 22, 1994 It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the minutes of the special meetings of July 12, July 15 and 19, 1994, be approved as submitted , and that the minutes of the special meeting of July 22, t 994, be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost and Mayor Vincent; those voting No, none. Continued public hearing - Conditional Use Permit - Springer Group Architects for Richard Kountz - allow construction of one golf course, with clubhouse. on a 58.18-acre portion of Section 15. T2S. R5E. MPM (south of Huffine Lane along the east side of Cottonwood Road) (2-9453) This was the time and place set for the continued public hearing on the Conditional Use Permit requested by Springer Group Architects for Richard Kountz, under Application No. Z- 9453, to allow construction of one golf course, with clubhouse, on a 58.18-acre portion of , Section t 5. Township 2 South, Range 5 East, Montana Principal Meridian. The subject property is more commonly located south of Huffine Lane along the east side of Cottonwood Road. Mayor Vincent reopened the public hearing. 08-1 5-94 -- --- - 2 - City Attorney Luwe reviewed his memo dated August 11, which had been included in the Commissioners' packets. He reminded the Commission that Mr. Springer had raised a question about Condition No.2, particularly in light of the recent U,S. Supreme Court decision in Dolan versus Tigard. He stated that since the public hearing on July 5, he requested a copy I of that decision and has carefully reviewed it. His recommendations are contained in his memo of August 11, and include a proposed revised Condition No.2. Responding to Commissioner Frost, City Attorney Luwe stated that under this revised condition, the applicant is required to show where the trail is to be located; however, no dedication or easement is being requested at this time. He suggested that if the subject parcel is ever subdivided in the future, it may be possible to obtain the trail easement through that process. He then stated that if the property is not subdivided and if the applicant does not agree to selling the property to the City for a trail, condemnation proceedings could be utilized, if the trail is determined to be in the public interest. Commissioner Stueck stated that a telephone call to Mr. Jim Smith, First West Insurance, this morning revealed that a trail across a golf course is a definite "no no" because I of the potential for injury. He noted that just yesterday, a golfer was hit in the head by a golf ball and was taken to the hospital. He noted that Mr. Smith's caution was that if the City mandates something that becomes a liability hazard, the City must hold the owner harmless. City Attorney Luwe stated that is not an issue to be made in this decision-making process, but will be addressed under a different process. He reminded the Commission that under his proposed condition, the City is not mandating that a trail be installed, but that a trail be shown on the final site plan so that in the future, the City can possibly obtain a trail easement or dedication. He then stated the Planning Director will be responsible for reviewing the proposed location of the trail to ensure that it is consistent with the master plan and that all safety and liability issues are addressed. He noted that could result in locating the trail around the periphery of the golf course rather than through it. I Responding to questions from Commissioner Youngman, Assistant Planner LaneUe Windemaker reviewed her memo dated July 25, in which she proposed revisions to Condition Nos. 6 and 10. She stated that a conversation with a representative of the Soil Conservation Service revealed that if environmentally responsible grasses which require little watering were used, concerns about the use of pesticides, herbicides and fertilizers could be minimized. She 08-1 5-94 -- - 3 - stated those grasses could be used for the roughs and possibly for the fairways. She indicated that the greens will be planted with the appropriate type of grass, which does require more water; however, that should not create any problem. Responding to Commissioner Youngman, the Assistant Planner stated that with the I recommended revisions to Condition Nos. 6 and 10. there is no need to revise Condition NO.5. No one was present to speak in support of or in opposition to this requested conditional use permit. Since there were no Commissioner objections, Mayor Vincent closed the continued 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 Stueck, seconded by Commissioner Frost, that the Commission approve the Conditional Use Permit requested by Springer Group Architects for Richard Kountz, under Application No. Z-9453, to allow construction of one golf course, with clubhouse, on a 58.18-acre portion of Section 15, Township 2 South, Range 5 East, Montana I Principal Meridian, subject to following conditions: 1. Development on the artificial lot must be in compliance with the code, to include setbacks, parking, landscaping, and signage; 2. The final site plan show a 20-foot trail access easement in a location approved by the Planning Director; 3. Developer must obtain written approval from Farmer's Canal Company for the proposed handling of the canal's crossing this property prior to submission of the final site plan. A 310 permit and/or any other applicable permits must be obtained prior to final site plan approval; 4. The developer shall file with the Gallatin County Clerk and Recorder's Office, prior to final site plan approval, an executed waiver of right to protest the creation of SID's/RID's for the signalization of the Huffine Lane (U.S. 191) and Cottonwood Road. A copy of the final documents must be submitted to the Planning office prior to the final site plan approval; 5. The use of pesticides, fertilizers, insecticides and/or other chemicals for I maintenance of the golf course shall be in compliance with all applicable local, state, and federal guidelines; 6. The developer shall obtain an on-site investigation, by a qualified authority, which delineates wetlands prior to final site plan approval. Any wetlands shall be identified on the final site plan and if necessary, a wetlands permit shall be obtained from the Corps of Engineers; 7. Developer must obtain an encroachment permit from the Gallatin County Road Office; 08-1 5-94 - -- - 4 - 8. Drainfield must be approved by the Gallatin County Sanitarian; 9. Future improvements to the site will require the reassessment of the adequacy of the fire protection. For future fire protection, the final site plan should indicate how emergency access to the nearest water fill site can be provided; 10. The landscaping plan must be prepared and certified in accordance with I the code. The landscape plan must include tabulation of landscaping requirements and enhancements for the artificial lot. The developer shall utilize a majority of environmentally responsible plantings, to include trees, shrubs and grasses. The environmentally responsible plantings shall be as recommended by the Soil Conservation Service for each soil type on the site; 11. Seven 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. Signed copies shall be retained by the City departments represented on the Development Review Committee, and one signed copy shall be retained by the applicant; 12. The applicant shall enter into an Improvement Agreement with 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; 13. A building permit must be obtained within one (1) year of final site plan approval. Building permits will not be issued until the final site plan is , approved. No site work, including excavation, may occur until a building permit is issued; 14. If occupancy of the structure or commencement of the use is to occur prior to the installation of all 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 yet installed. Said method of security shall be valid for a period of not less than twelve (1 2) 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; 15. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure; 16. That all of the special conditions shall constitute restrictions running with the land use and shall be binding upon the owner of the land, his successors or assigns; 17. That all conditions specifically stated under any conditional use listed in I this title shall apply and be adhered to by the owner of the land, successors or assigns; and 18. That all of the special conditions shall be consented to in writing by the applicant. The motion carried by the following Aye and No vote: those voting Aye being Commissioner 08-1 5-94 - - 5 - Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none. Status reDort re closure of Perkins Place , Mayor Vincent asked that comments be limited to new information, since the Commission has received considerable input to date. Neighborhood Coordinator/Grantsperson James Goehrung reviewed the contents of his memo dated July 18. Attached to that memo was a drawing showing the amount of right-of- way needed to provide the cul-de-sacs needed in conjunction with the installation of a barricade. He stated those drawings reveal the need to acquire one 18-foot by 1 aD-foot strip or two 9-foot by 100-foot strips along the existing 3D-foot right-of-way. The Coordinator reminded the Commission that its decision to allow closure of the street on a temporary basis was contingent upon acquisition of an easement for a turn-around. He has contacted the nine property owners at essentially mid-block; and he has received either negative responses or no response, with one property owner indicating a willingness to give . the needed property for a turn-around. The problem is that the lot is only 50 feet wide; and 100 feet of length is needed to meet standards. Commissioner Frost noted that the drawings for alternatives show that only 50 feet of length would be needed for a hammerhead turn-around. Coordinator Goehrung responded, while that is true, to complete the maneuver, an additional right-of-way would be needed on the Church side of the street to accommodate the backing maneuver which completes the turn around; and no property owner on that side of the street has indicated a willingness to give up the amount of back yard that would be required to do so, since it would be greater than the length of a garbage truck or fire truck. Neighborhood Coordinator Goehrung suggested one remaining option is a chicane, which is used in Seattle. In that instance, a barricade is placed in the street, so that vehicles cannot , go around the ends; and a sharp curve is then installed at one end of the barricade to allow traffic around. This turning maneuver slows traffic dramatically. In this instance, there may be only enough right-of-way to install a one-way road around the end of the barricade. He expressed concern that, while this maneuver might slow traffic in the middle and discourage 08-1 5-94 ---- -.-. ---- - 6 - unnecessary traffic, it could result in people traveling faster toward the ends of the street to make up the time lost. Commissioner Stueck questioned, if a barricade is installed at mid-block and dead-end signs are installed at Lamme and Peach, why it would be necessary to provide a turn-around at the barricade. , City Manager Wysocki reminded the Commission that garbage trucks must regularly use this street, and must have an area to turn around. Also, if a fire truck or other emergency vehicle goes in the wrong end, it is important that the vehicle be able to turn around quickly and go to the other end of the street. He noted that this is not a normal width street; however, it is not an alley. Neighborhood Coordinator Goehrung stated that Mr. Rudy Svehla has retained Ms. Lisa Banick as his attorney; and she is present to address the Commission. He then requested that the Commission take action on this item, so that he can make the necessary arrangements to have the closure complete before winter, if that is the Commission's direction. Commissioner Stueck suggested that jf a locked gate were installed, employees on the I garbage trucks and emergency vehicles could unlock it and go through; and the smaller vehicles would then require a smaller turn-around. Commissioner Frost suggested this item should be submitted to the Director of Public Service for his review and recommendations before the Commission takes action. He also suggested an alternative might be a redesign of the street, with bollards installed periodically to reduce the width of the street, thus slowing traffic. Commissioner Youngman stated her preference for a gate, noting that emergency vehicles could go through it if necessary. City Attorney Luwe cautioned the Commission that the Fire Marshal had submitted a letter stating opposition to the closure of this street. He noted that operators of emergency vehicles are often required to make split-second decisions; and if they make a wrong decision, , then they must determine whether to proceed through a locked gate or not. He then suggested that any selected option for closure of the street should be forwarded to the Fire Department for comment prior to making a final decision. Commissioner Stiff stated he feels the Commission seems to be working too hard to make this closure work. He noted the Commission's decision was to approve closure of the 08-1 5-94 - 7 - street, if adequate turn-a rounds could be obtained. He stated that at this time, he feels the Commission should resolve the issue instead of pursuing multiple options. Mr. Rudolph Svehla, 419 East Lamme Street, stated his desire is simply to reduce the amount of traffic on Perkins Place; and installation of a gate seems the cheapest and most , effective alternative. He stated that at the present time, there is unnecessary traffic and traffic which travels too fast. He then suggested the possibility of the City purchasing a 50-foot-wide lot from Perkins Place to North Rouse Avenue, noting that some type of access could then be provided to Rouse in conjunction with closure of Perkins Place at approximately mid-block. Mr. Svehla stated he does not believe that Perkins Place is a street, particularly since all of the utilities are located underground and above ground along this road. He further stated he does not believe any trucks should use Perkins Place, but that an alternative route should be found. Mayor Vincent noted that any Commission action must be in accordance with rules and regulations. He then stated that at this time, the Commission has all of the information it needs upon which to base its decision, noting an interest in having the Director of Public Service I review that information and forward a recommendation upon which the Commission may take action. Ms. Lisa Banick, attorney representing Mr. Svehla, stated a willingness to work with City staff in an attempt to find a reasonable way to address this issue. Mayor Vincent requested this item be placed on an upcoming agenda, possibly August 29, for action. Reauest from Parking Commission to expand membership from five to UP to seven members. Included in the Commissioners' packets was a memo from Clerk of Commission Sullivan, dated August 12, and the minutes of the Bozeman Parking Commission meeting of August 6. Included in the minutes was a request to the City Commission that they exercise the statutory , provision for up to seven members on the Parking Commission; and included in the Clerk's memo was the name of one applicant for the Parking Commission. City Attorney Luwe stated that if the Commission acts favorably on the Parking Commission's request, staff will bring back a resolution enacting the change, for consideration 08-1 5-94 .--.- - - 8 - at next week's meeting. He then suggested that if the Commission does act affirmatively on the request, an appointment can be made at this time. It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the Commission approve the request forwarded by the Parking Commission for expansion of its I membership from five members to up to seven members. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission appoint Bruce D. McCallum to the Parking Commission, with an initial term to expire on June 30 1997. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck and Mayor Vincent; those voting No, none. Ordinance No. 1387 - settina salaries for Commissioners. effective July 1. 1994 Included in the Commissioners' packets was a copy of Ordinance No. 1387, as I approved by the City Attorney, entitled: ORDINANCE NO. 1387 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING ORDINANCE NO. 1295, FIXING THE SALARIES OF THE CITY COMMISSIONERS AND MAYOR OF THE CITY OF BOZEMAN, MONT ANA, IN ACCORDANCE WITH SECTION 2.04.070 OF THE BOZEMAN MUNICIPAL CODE. Commissioner Stiff noted that the Commissioners had previously approved an increase in their salaries from $80 per week to $90 per week; however, this ordinance reflects that increase in a monthly format. He noted that calculations reveal that, while the change in format has been made, the figures are accurate. He then suggested that the new provision regarding deductions in pay for unexcused absences be amended to state that $150 will be deducted from the Mayor's salary for an unexcused absence. He noted this is in the same ratio I between Commissioners and the Mayor as the monthly pay. The Commissioners concurred in this proposed revision. It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the Commission adopt Ordinance No. 1387 on first reading, as amended, setting the salaries for the Commissioners as of July 1, 1994, that it be brought back in two week for final adoption. 08-1 5-94 -. . --- . ..-------- - 9 - The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost and Mayor Vincent; those voting No, none. I Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. ( 1 ) Tentative agenda for the Montana League of Cities and Towns Conference to be held in Butte on October 5 through 7, 1994. (2) Letter from Don Bachman, 109 North Broadway, dated August 10, regarding the Housing Task Force recommendations. (3) Letter from F.R. Gilskey, 1103 West Dickerson Street, dated August 9, to Commissioner Youngman, regarding the residential parking district. (4) Letter from several past presidents of the Bozeman Soroptimist Club asking that the name Downtown Bozeman Soroptimist Park be retained on the park at the corner of South Rouse Avenue and East Main Street. I The City Manager noted that when the Downtown Bozeman Association took over the maintenance of the park, they requested a change in the name of the park, which was denied. Responding to Commissioner Stiff, the City Manager stated he does not believe any action is required, since the name of the park is already Soroptimist Park. (5) Proposed letter to the members of the Housing Task Force, as prepared by Commissioner Youngman. Commissioner Youngman stated she has another copy of the memo for the Commissioners to sign if they concur; the Commissioners agreed and signed the memo. (6) Letter from Sylvia Miller, dated August 4, regarding the housing task force recommendations. I (7) Letter from M. Lawrence Bayern, 408 West College Street, dated August 11, encouraging the Commission to remove parking from South 8th Avenue. (8) Letter from Alice Tor, 1005 Durston, dated August 11, regarding the proposed improvements to Durston Road. 08-1 5-94 -------- ~ 10 - (9) Letter from Christine Torgrimson, 607 West Lamme, dated August 3, regarding the problems which pedestrians face in this community. (10) Letter from Jennifer Knickerbocker, 222 North Wallace Avenue, dated August 4, regarding the proposed change of the one-way streets. I ( 11 ) Letter from the Montana Department of Transportation, dated July 29, regarding the 1995 State Transportation Improvement Program (STIP). ( 12) Information sheet from the Chamber of Commerce bulletin, providing statistics on the business climate in Bozeman. Commissioner Stueck noted that in Belgrade, the average sales price of a home jumped from $67,224 to $74,265 in the past year, which represents a 10 percent increase. He expressed concern that the problem of affordable housing is now spreading from Bozeman to the adjacent communities, further compounding the problem. ( 13) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, August 16, at the Courthouse. (14) Agenda for the Highway Commission meeting to be held in Billings on Thursday, I August 25. ( 15) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, August 16, at the Carnegie Building. ( 16) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, August 16, in the Commission Room. ( 17) Final listing of the transportation projects to be funded through a general obligation bond issue, dated August 9, along with a corrected listing dated August 15. Responding to questions from Commissioner Youngman, the City Manager stated he feels it is appropriate to move the monies from the South 15th Avenue project into the Front Street project, where it can be utilized for acquisition of right-of-way, if necessary. ( 18) Copy of the amended Ordinance No. 1386, which will be submitted for final I adoption at next week's meeting. (19) Copy of the amended Commission Resolution No. 2997, which was adopted at last week's meeting. (20) The City Manager submitted his weekly report, as follows. (1) Courtesy tickets are now being issued in the neighborhood parking district, to those who do not have permits; 08-1 5-94 ~. ....--. -., -.--....----- - 11 - and on September 1, citations will begin. Those who are violating other parking restrictions within the parking district, such as two-hour parking and yellow curbs, are currently being issued citations. (2) An eligibility list for firefighters is currently being developed. (3) Has asked each bargaining group to select a member to serve on the health insurance committee e to review the current benefits and prepare a recommendation on future benefits. (4) City crews are striping crosswalks in anticipation of the school year. (5) Attended the growth forum at the Holiday Inn on Wednesday. (21 ) Commissioner Stueck submitted the following. (1) Attended the Park and Recreation Advisory Board meeting two weeks ago. (2) Will attend a luncheon with the City Manager, the Gallatin Development Corporation and Governor Racicot on Wednesday. He is working with Marilyn Wessell at MSU to possibly set a private meeting with Governor Racicot later in the day. (3) Updated the Commission on the status of the West Babcock Park development, noting that realignment of the ditch and removing top soil from the area which is to be paved parking lot are scheduled for next week. (22) Commissioner Frost submitted the following. (1) Attended a satellite broadcast I on downtown revitalization, through the National Historic District on Main Street program. (21 Attended the planning session on the green building at MSU on Thursday. He noted that possible uses and the possible design of the building were discussed. He noted that building operation costs, when amortized over twenty years, represent only 10 percent of the total costs of a business operation. (23) Commissioner Youngman stated she has been receiving telephone calls on the critical lands studies and the affordable housing issue. She then asked when the Commission wishes to discuss the recommendations forwarded by the housing task force. Following discussion, the Commissioners set the work session for an evening session on Monday, August 29. (24) Commissioner Stiff stated he has been receiving telephone calls regarding the e affordable housing issue and the transportation issue. (25) Commissioner Stiff noted that, just before today's meeting, he received a call from someone in the northeast neighborhood, who appears to be calling Commissioners one at a time and inviting them to go on personal tours of the area and providing them with packets of information. He then expressed his discomfort with the idea of individual Commissioners 08-1 5-94 - 12 - meeting with a group, since it is possible that each of the Commissioners will receive different information. Commissioner Youngman stated the group has chosen to invite only one Commissioner at a time to avoid the problems encountered when a quorum is present. She then noted their e intent is to have the Commissioners view the area before any issues are brought before the Commission in a public meeting. Commissioner Stueck stated that if the issues being raised during a site visit include any that are to be brought before the Commission, he feels it is illegal and improper because it is ex parte communication. He suggested, rather, the issues should be addressed through staff. City Manager Wysocki stated he has not been contacted, questioning whether the issues being raised should be more appropriately submitted to administration. Mayor Vincent stated he has gone on the tour, noting that when he campaigned, he indicated a willingness to meet with anyone. He indicated that only a walk through the neighborhood was involve. In addition, he was given a packet of information, which he has not yet reviewed. I Commissioner Stiff reiterated his concern about conducting Commission business in this manner. He stated that, while he has no problem with touring a neighborhood, he does not want to be guided around the area on an issue that may be coming before the Commission as a whole. Commissioner Stueck concurred, stating that while he has no problem with touring a neighborhood by himself, he is concerned about being guided by a representative of a group. City Attorney Luwe stated that if the tour includes any projects that may be coming before the Commission, enforcement issues or matters of litigation, the Commissioners should decline the invitation. He noted, however, that if it is simply a tour of the neighborhood, the Commissioners may use their discretion and refuse to discuss matters which fall into the categories listed. e City Manager Wysocki requested a copy of the packet of information being submitted to the Commissioners. Responding to Commissioner Stiff, the City Manager stated that since three of the Commissioners have already accepted the invitation, he feels it is important for Commissioner 08-1 5-94 - 13 - Stueck and Commissioner Stiff to do so, so that all of the Commissioners are working with the same information. Mayor Vincent suggested that the use of situation reports might help to address some of the concerns which have been raised. e (26) City Attorney Luwe submitted the following. (1) Noted that an amended copy of the ordinance setting the Commissioners' salaries will be submitted under FYI Items in next week's packet. (2) Stated that a copy of County Attorney Salvagni's opinion on impact fees has been placed in each of the Commissioners' boxes. (27) Clerk of the Commission Sullivan submitted the following. ( 1) Reviewed the agenda for next week's meeting, which includes four public hearings. (2) Stated she has distributed copies of the room reservations which she has made for the League conference. She requested that the Commissioners forward any changes as soon as possible. (28) Ms. Daria Joyner, Executive Director of the Bozeman Area Chamber of Commerce, stated that the growth forum held last week received good coverage in the Billings Gazette. She then noted that the forum has not slowed interest in Bozeman. She then stated I that a summary of the survey results will be prepared and distributed. . (29) Mayor Vincent submitted the following. (1) Participated in the Chamber of Commerce growth forum on Wednesday. (2) Stated that he feels the number of telephone calls and letters he is receiving is a positive sign, reflecting the public's willingness to provide input to the Commissioners. (30) Mayor Vincent stated his interest in retaining the 3:00 p.m. start time, even after school starts. The Commission concurred in retaining the start time. The City Attorney stated he will bring back a resolution for Commission action next week. Consent Items e City Manager Wysocki presented to the Commission the following Consent Items. Deviations from Section 18.65.050(E) - to allow sign to be less than 9 feet from around (8 feet 6 inches) and to allow two signs on marauee - Montana Trails Gallerv. 219 East Main Street: Der DRB recommendations (Z-9496) 08-1 5-94 -..-..-. --- .. - 14 - Commission Resolution No. 2998 - elace question of $5 million general obliaation bond issue to fund soecified transeortation eroiects on ballot for November election COMMISSION RESOLUTION NO. 2998 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING THE CITY'S INTENT TO SUBMIT THE QUESTION OF e ISSUING GENERAL OBLIGATION BONDS IN THE AMOUNT OF $5 MILLION FOR IMPLEMENTING A SERIES OF TRANSPORTATION PROJECTS, INCLUDING DESIGN, AS IDENTIFIED IN THE BOZEMAN URBAN TRANSPORTATION PLAN 1993 UPDATE. Ratifv Procurement Officer's (Citv Manager) uphOld in a of teleehone committee decision re late submittal of best and final offer Claims It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Stueck, Commissioner Frost, Commissioner Youngman and Mayor Vincent; those voting No, none. I Recess - 4:22 p.m. Mayor Vincent declared a recess at 4:22 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Vincent reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Continued Dublic hearing - Commission Resolution No. 2955 - intent to annex 28. 759-acre tract located in the SW%. SE%. Section 24. T2S. R5E. MPM (west side of South Third Avenue) This was the time and place set for the continued public hearing on Commission e Resolution No. 2955, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2955 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARL Y DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF 08-1 5-94 - 15 - BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Mayor Vincent reopened the public hearing. Assistant Planning Director Debbie Arkell presented the staff report. She stated the subject parcel is located along the west side of South Third Avenue, one-third mile south of the . intersection of South Third Avenue and Graf Street and one-half mile north of the intersection of South Third Avenue and Goldenstein lane. It is contiguous to the city limits to the east, across South Third Avenue. The subject parcel is zoned" A-S", Agriculture Suburban; and the applicant has applied for rezoning to "PU", Public lands and Institutions, with the public hearing on that application scheduled immediately following this public hearing. The Assistant Planning Director stated that School District No.7 proposes to construct the new middle school on this site. Assistant Planning Director Arkell stated the public hearing on this application was originally set for March 21, 1994; however, at the School District's request, it has been continued twice. During that time, representatives from the School District have met with City staff members to discuss the recommended conditions contained in the staff report. She also I noted that during that time, the School District requested that the original application, which involved annexation under contiguous land, be withdrawn, and submitted a new application, for consideration under the annexation of contiguous government land process. She reminded the Commission that, following review of that request, staff forwarded a recommendation that the Commission proceed under the annexation of contiguous land process; and the Commission concurred in that recommendation by adopting a resolution affirming its previous action. The Assistant Planning Director stated that staff has reviewed this application in light of the eight goals and twelve criteria set forth in Commission Resolution No. 2716, and the detailed staff findings are contained in the written staff report, dated February 10, 1994. She noted that concern has been expressed about the additional pedestrian traffic which will be . generated by development of this site as a new middle school; and some mechanism for enhancing the pedestrian facilities in that area must be considered. Assistant Planning Director Arkell noted that the Gallagater Trail runs along the abandoned Chicago, Milwaukee, St. Paul and Pacific Railroad right-of-way. She reminded the Commission that a 20-foot wide recreation and utility easement was granted in conjunction 08-1 5-94 - ---- ----- - - -..---...-- - 16 - with the Morning Star school site; and such an easement should be provided with this school site as well. She also noted that, because of a stream along the western boundary of the subject parcel, a portion of the site lies within a 1 DO-year floodplain, which must be depicted on the final site plan. e Assistant Planning Director Arkell noted that, since the subject parcel is located 3.2 to 3.5 miles from the nearest fire station, the new school must include an automatic fire sprinkler system. She stated that the Director of Public Service has recommended that sewer to the site be from the Far West trunk, which is approximately four miles from the site. She noted that, while there is a sewer main in Figgins Addition, which is much closer, the Director is concerned by that adding the school to the main, bottlenecks could be created when other subdivisions within the immediate area are developed. She then noted that the Director of Public Service has requested that the applicant be required to provide a looped water system to the site. The Assistant Planning Director then summarized the staff findings, as contained in the staff report. She noted that this application does comply with Goal Nos. 1, 2/ 3, 7 and 8 and does not substantially conflict with any goals. While this application does raise some concerns I about Policy No.7, if the issues identified in the staff report are adequately addressed, this application does not substantially conflict with any of the policies. The Assistant Planning Director then referenced her memo of July 20 (actually, her memo dated "July 11, 1994 for your July 25, 1994 meeting"), in which staff has recommended revisions to some of the issues to be addressed in the Annexation Agreement. She then reviewed those items, which are as follows: 1. That the following rights-of-way be dedicated on the annexation map: a) 45 feet on the south boundary of the property; b) 45 feet along the west boundary of the property; c) 30 feet on the north boundary of the property; d) Up to 50 feet for South Third alignment, with exact width necessary to be determined by the City Engineering Department and the applicant's surveyor prior to completion of the Annexation Agreement. e 2. That the applicant shall execute the following waivers of right to protest creation of SID's, which shall specify that in the event SID's are not utilized for the completion of these projects, the property owner shall agree to participate in an alternate financing method for completion of said improvements on a fair share, proportionate basis as determined by square footage of the property, linear front footage of the property, taxable valuation of the property, or combination thereof, as an attachment to the Annexation Agreement: 08-1 5-94 - 17 - a) Street improvements to South 3rd Avenue including paving, curb/gutter, sidewalk and storm drainage. b) For reconstructing South 3rd from Kagy south through the east- west portion of South 3rd (Graf Street extension). c) Signalization at South 3rd and Kagy Boulevard. 3. That a detailed traffic study including the level of service evaluation assessing the transportation impacts of the future improvements of the e site shall be provided by the applicant, and shall mitigate any significant impacts identified in the traffic study and complete any required improvements necessary to maintain a Level of Service (LOS) "C" at the Kagy/Third; Goldenstein/Third; and Graf/Wagon Wheel/Third intersections, where the traffic study determines the LOS will drop below LOS "C" as a result of the project. 4. The applicant shall participate in the cost of reconstruction of the intersection of 3rd/Graf/Wagon Wheel with the apportionment of the cost based on the traffic study provided by the applicant. 5. That a minimum 20-foot wide recreation easement be provided for the Gallagater Trail along South 3rd Avenue, if additional easement is identified as being needed. 6. That all floodplain and stream location permitting requirement identified by the City' Engineering Department be satisfied prior to issuance of a building permit for the site. 7. That the Montana Department of Health and Environmental Sciences, Water Quality Bureau, be contacted by the applicant to determine if an I erosion/sediment control permit is necessary, prior to issuance of a building permit for the site. 8. That the applicant shall extend the water and sewer mains necessary to serve the site. The water main must "loop" in and back to the City water main infrastructure. Plans and specifications and a detailed design report for water and sewer main extensions must be prepared by a Professional Engineer (PE) and shall be provided to and approved by the City Engineer and the Montana Department of Health and Environmental Sciences. The applicant shall also provide Professional Engineering services for Construction Inspection, Post-Construction Certification, and preparation of mylar Record Drawings. 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. Minimum 30-foot wide easements for the water and sewer main extensions shall be granted to the City of Bozeman, prior to construction of said infrastructure. In no case shall the utility be less than 10 feet from the edge of the easement. 9. That the water and sewer main extensions must be constructed to the e site prior to construction on the site. Improvements required to the street and/or sidewalk must be completed prior to opening the school. 10. That the Annexation Agreement include a direct participation clause for financial participation in the correction of sewer system bottlenecks that is acceptable to both the City and the School District. The following language is proposed: Both parties hereby recognize that current capacity problems (bottlenecks) exist in that part of the City's sanitary sewer collection 08-1 5-94 ~ - 18 - system proposed to serve this tract of land and other tracts within the City limits, upon full development of all served tracts. The City understands and agrees that normally it is the obligation of the City to take action to eliminate said bottlenecks through construction of improvements to the sewage collection system. Both parties also hereby recognize and agree that this tract of land is within the "Far West Trunk" sewer service area. Said Far West Trunk currently terminates e at US 191 in Valley Unit Subdivision approximately four miles from this tract of land. The use of the more proximate sewer trunk within the Figgins Subdivision by this tract of land is being proposed for the convenience of the landowner and will exacerbate current capacity problems. In order to mitigate the financial impacts of the City of eliminating said bottlenecks at a point in time determined solely by the City, the landowner hereby agrees to participate in the cost of those improvements needed to eliminate the bottlenecks. The level of participation shall be calculated as a percentage of the costs of such improvements to include design, construction, inspection, and engineering certification at completion. Said percentage will be calculated as the ratio of the peak flow from said tract of land as it relates to the total peak flows within the sewer at each bottleneck at the time of construction of the improvements to eliminate said bottleneck. All sewer improvements necessary to provide sewer service to this tract for its development and use as a school will be done at the sole expense of the landowner only after the design of said improvements have been I reviewed and approved by the City of Bozeman Engineering Office and the Montana Department of Health and Environmental Sciences. 11. That water rights or cash-in-lieu thereof, sufficient to meet the peak demands for water after development of the site be provided to the City prior to final acceptance of the annexation agreement. The preliminary calculations estimate the need 68 acre-feet per year, with an estimated cash-in-lieu amount of $24,601.51. 12. That the Annexation Agreement include a section that the applicant will submit a plan to be approved by staff that addresses (a) a comprehensive pedestrian facilities needs evaluation for pedestrian access to the school site, and (b) a plan and recommendation for securing the needed improvements. 13. That a storm water plan be submitted to the City Engineering Department for review and approval that includes sufficient site grading and elevation information (particularly for the basin site), typical stormwater detention/retention basin and discharge structure details, basin sizing calculations, and a stormwater maintenance plan. The stormwater maintenance plan shall include plans for development of a system designed to remove solids, silt, oils, grease, and other pollutants from the e runoff from the parking areas. This plan must be approved prior to issuance of a building permit for the site. 14. That in the Annexation Agreement, the applicant shall stipulate that in lieu of following all applicable zoning regulations, a Site Development Report addressing how all conditions placed on the annexation will be met. 15. That a written agreement from the applicant to the City stating that all educational and commercial structures built on the property will be fully 08-1 5-94 -..-- - 19 - equipped with an approved fire sprinkler system be submitted prior to completion of the Annexation Agreement. 16. That an annexation map be provided by the applicant on mylar, no smaller in size than 18" X 24", that clearly delineates the metes and bounds description of the parcel, the legal description of the property, existing public utilities and adjacent developments. Said map shall also indicate the minimum improvements, rights-of-way and easements e judged necessary through the analysis conducted by affected City departments to provide services to the parcel. Responding to Commissioner Frost, Assistant Planning Director Arkell estimated that, based on 10 average vehicle trips per day per dwelling unit, and an average of six dwelling units per acre within an R-2 zoning district, 1800 average vehicle trips per day would be created by residential development of the subject parcel. She then noted that the proposed middle school will not generate that much traffic since the students don't drive; however, she noted that it will generate some bus traffic, which is not generated by a typical residential development. Commissioner Frost noted that the school will generate traffic which moves essentially opposite from traffic generated by residential development. Ms. Marcelle Quist, attorney representing the Bozeman Schools, distributed a two-page I memo to the Commissioners. dated August 15. setting forth the reasons that the School District property should be annexed under the "Contiguous Government Land" section of the Montana Code Annotated rather than under the "Contiguous Land" section. Ms. Quist noted that State statutes provide local governments with seven different methods of annexation. She stated that, while the City of Bozeman typically uses the contiguous land process, that is not the only one available and, in this instance, she believes that the process for annexation of contiguous government land would be more appropriate. She noted that government land is different because it typically houses a facility which benefits the community rather than being developed by a developer with a profit motive. Ms. Quist stated that if Part 44, which provides for the annexation of contiguous e government land. is used, the issues to be addressed are (1) sound urban development, (2) governmental services development for protection of health, safety and welfare, (3) extension of municipal boundaries within legislature standards, and (4) conformation with uniform legislature standards immediately following annexation. 08-15-94 - 20 - Ms. Quist noted that, since the School District is a governmental entity, the City realizes no tax base benefit from annexation of the subject property. She suggested, however, that annexation under Part 44 allows both governmental entities to work together, for the benefit of both entities as well as the entire community. . Ms. Quist stated that annexation under Part 44 is the most appropriate way to approach this application and requested that the Commission consider this annexation under that portion of the State statutes. Dr. Paula Butterfield, Superintendent of Schools, noted some of the cooperative efforts in which the City of Bozeman and School District NO.7 have been involved in recent years, including Christie Fields and the Valley Unit land exchange. She stated that, while she is concerned about costs and taxes, her primary concern is the children. She estimated that two- thirds of the children attending this new middle school will be city residents, with the remaining one-third being from the county. Dr. Butterfield stated that when the School Board was considering siting of the new school, members of the City staff testified that the subject site would be a good place for the I new school and that it would not create negative impacts on traffic flows because traffic would be moving in the opposite direction from most of the peak hour traffic. Dr. Butterfield noted that when the School District sought voter approval for a bond issue to construct the new school, the amount of the bond issue was based on the estimated costs of that structure. In view of the conditions recommended by staff in conjunction with this annexation, those costs have increased significantly; and the School District has no way to fund them except through a reduction in the school building. She stated that alternative is to remain in the county and construct septic fields and drill a well; however, that is also very expensive. Dr. Butterfield concluded by stating that the health, safety and welfare of the children attending the school are of prime concern. She noted, therefore, she has no problem with . installing a fire sprinkler system. She stated, however, the School District cannot afford to pay all of the costs that will be incurred in addressing all of the items listed by staff. Mr. Craig McVicker, representing the Bozeman Schools, distributed a three-page memo to the Commissioners, dated August 14, estimating the financial impact which the proposed conditions for annexation would place on the School District. He noted that the costs for many 08-1 5-94 - 21 - of the items listed are not known, such as the waivers of right to protest the creation of a future special improvement district for improvements to South Third Avenue. Other unknowns include the costs of public infrastructure improvements and correcting of sewer system bottlenecks. e Mr. McVicker estimated the costs of extending the sewer and water mains at $262,000; however, approximately $150,000 was budgeted in the projected costs of the building. He also stated there are no monies included in the budget for the cash-in-lieu of water rights payment, which is estimated at $25,000. Mr. McVicker stated that the School District has reached a verbal agreement with the Gallatin Valley Land Trust for a trail through the subject parcel. He recognized the need to provide a safe walkway for the students. He estimated that a walkway from Kagy Boulevard to the school site, which is approximately 8,000 lineal feet, will cost $90,000. While the costs of the plan have been accommodated in the budget, no monies have been included for acquisition of easements or rights-of-way or construction. Mr. Craig McVicker expressed concern about the requirement that all infrastructure I improvements be completed before a building permit will be issued. He stated that if the School District is required to follow this procedure, it could negatively impact the August 1996 occupancy of the structure. At the Commission's request, Mr. McVicker summarized those costs not anticipated in the School District's estimate, as follows: Traffic study $ 20,000 Participation in reconstruction of Third/Graf/Wagon Wheel 12,500 Extension of sewer and water mains (difference) 120,000 Cash-in-lieu of water rights 25,000 All-weather walkway along South Third 90,000 Responding to Commissioner Stueck, Mr. McVicker stated the School District had anticipated connecting to the water main which is located at the intersection of South Third e Avenue and Graf Street. He stated that to provide the desired looping will require that the main be extended along Wagon Wheel Road to the existing water main in that roadway, which is a distance or approximately 4,000 feet. Mr. Mark Refling, School Board member, 2618 Spring Creek Drive, stated he lives close to the subject property. He stated concurrence with Ms. Quist's assertion that the Legislature 08-1 5-94 ----- ..--- - 22 - provided a mechanism for annexation of contiguous government land to address the special circumstances involved. He stated that is the most appropriate manner in which to annex this subject property, noting the one issue to be addressed is whether it is in the best interests of the municipality and the inhabitants of the property. He stated that annexation of the subject . parcel is in the best interests of the students, two-thirds of whom are city residents, particularly because of the police protection, fire protection, water, sewer and other City services provided. He stated the City will benefit with a much better, more efficient building. He cautioned that, even if the site is not annexed, the City will encounter the same impacts from construction of the new school. Mr. Refling then stated that if the School District does extend the water main to create a looped system, it should be reimbursed by developers who may wish to tap into that line in the future. He noted that the same provision should be made for any sewer line extensions which the School District may be required to provide. Mr. Darrell Behrent, 208 Lindley Place, stated support for the requested annexation. He stated that he served as a part of the committee which prepared the budget for this new I middle school; and many of the proposed costs of the annexation were not included in that budget. Mr. Behrent noted that when determining the capacity of the water and sewer lines, consideration must be given to the times when demands will be placed on those systems. He stated that the peak demand times are around 7:00 a.m. and between 5:00 p.m. and 8:00 p.m., which are times when school is not in operation. He suggested, therefore, the impacts on those systems may not be great enough to cause any severe problems in that area. Mr. Behrent suggested that construction of a new middle school could dramatically alleviate some of the traffic impacts that are currently being experienced, particularly in the North 11th Avenue area. He stated that with the construction of a second middle school, many of the students will be able to walk to school. . Mr. Behrent suggested that the City can benefit from working with the School District in this annexation process. He stated that, no matter which entity bears the costs, the same people will actually be paying. He noted the bond issue has already passed; and it is impossible for the School District to seek additional monies from that source to pay the costs being encountered. He cautioned that to delay construction will result in higher costs; and the issue 08-1 5-94 -~~- - 23 - of crowding at the existing middle school must be addressed as quickly as possible. He suggested that, by spreading the students out, some of the problems currently being encountered may be alleviated. Mr. Bill Dewey, county resident and High School trustee, stated the new school is e desperately needed. He noted that, as a former resident of Figgins Addition, he recognizes the existing problems on South Third Avenue; and he does not believe the School District should be held totally responsible for addressing those problems. Mr. Lowell Springer, member of the long-range planning committee, emphasized the importance of the School District and the City working together in a cooperative effort. He suggested that the City might participate in the costs of extending the water and sewer lines, in addition to the payback proposed by Mr. Refling. He also suggested that through impact fees and hook-up fees, the City could possibly recover those costs faster than through a payback based on future development. He then encouraged annexation of the subject parcel, stating it would be advantageous to the entire community. Ms. Patty Litle, 3416 Wagon Wheel Road, asked the Commission to carefully consider I the traffic impacts which the new school will have on the area. She noted the importance of recognizing those impacts, because they do exist. She then expressed concern about the speed with which traffic currently moves along South Third Avenue in that area. Commissioner Stueck asked about the possibility of creating a 15-mile-per-hour zone for the school; the City Attorney stated that he must research the State statutes before responding. Responding to Commissioner Frost, Dr. Butterfield stated the boundaries for the new school have not yet been established. At City Manager Wysocki's request, Ms. Marcelle Quist addressed how the Part 44 annexation process would be in the best interests of the community. She stated there is not money in the School District's budget to pay for the improvements which the City has e requested in the staff report. She noted that under Part 44, the City and the School District can work cooperatively to install the improvements, sharing in the costs, rather than placing the total responsibility on the School District. She emphasized the fact that in this instance, there is no developer involved, and no benefit in requiring that the School District bear the entire cost. 08-1 5-94 - 24- City Manager Wysocki noted that the School District has been insistent that the City annex the subject parcel under Part 44 rather than under Part 43; and it appears the assumption is that under Part 44 they will not have to meet all of the City's requirements. He reminded the Commission that if the City participates in the costs, then only city residents will e pay those costs, while county residents help to pay the costs if the School District is responsible. Responding to Commissioner Frost, Mr. McVicker stated that the School District intends to provide a fire sprinkler system for the school. He stated that if the property is not annexed and wells are used, the School District must install a storage tank and pumps to provide water for that system. Responding to additional questions from Commissioner Frost, Ms. Quist stated that the City will receive 100 percent of the benefits derived from annexation of the school property, even though only two-thirds of the students will be city residents. She then stated that Part 44 recognizes that there is never an economic benefit in annexing government land. Dr. Butterfield stated that the School District has discussed the possibility of a I $200,000 cash contribution to the City, to be used in whatever manner is determined appropriate by the City, in conjunction with the annexation of this subject parcel. Commissioner Frost stated the County will receive benefit from the new school; therefore, the City will not be receiving 100 percent of the benefit, as Ms. Quist has suggested. Commissioner Youngman noted that in most budgets, there is a set aside for increased costs and unanticipated costs. She then asked if such an amount was included in calculations for this project. Responding to Commissioner Stueck, Assistant Planning Director Arkell stated that the sites for the Emily Dickinson school and the Morning Star school were annexed before those schools were ever planned or constructed; therefore, they were not subjected to this process. Responding to Commissioner Stiff, the City Manager stated he feels the City could e provide for a mechanism for paybacks for connections to any water or sewer main extensions which the School District may complete in conjunction with this annexation. Respondingto additional questions from Commissioner Stiff, Assistant Planning Director Arkell stated that in her July 11 memo, the recommended conditions require that a comprehensive pedestrian facilities plan be completed; however, it does not require that the 08-1 5-94 - ..------.-- __._n. . u.__ _,____._ _, ___,..__n__,___, "_.__ - 25 - School District install those improvements immediately. She noted, in fact, the existing asphalt pathway along portions of South Third Avenue and possibly the linear trail could provide some of the needed pedestrian links to the new site. Commissioner Stiff stated that, after a review of the conditions forwarded by staff and e the comments forwarded by representatives of the School District. it appears the City and the School District are closer than the School District are representing. He then emphasized the financial reality that the School District has a broader base from which to obtain revenues than the City has; and the District must recognize that one-third of the students will not be from within city limits. City Manager Wysocki reminded the Commission that the staff has reviewed this application in light of the existing annexation policy and forwarded comments based on that review. He then stated that the Commission has the final decision on the requirements for this annexation. Responding to the requirement for installation of infrastructure prior to issuance of a building permit, Dr. Butterfield assured the Commission that no students would be moved into I the new building without water and sewer services being available. Assistant Planning Director Arkell cautioned the Commission that discussion of recommended conditions should be based on her July 11 memo, since those conditions are different from the conditions contained in the original staff report which was prepared in February. She then noted that in the new conditions, the requirement to comply with the zone code has been eliminated. The Assistant Planning Director then reviewed the reasons why the City requires looping of water mains. First, looping keeps the water in the line from becoming stagnant when it stands, such as during vacations and summers. Second, it provides a more dependable water supply, with a back-up water source available if one of the water lines becomes disfunctional. She cautioned that if there is no water, then the fire sprinkler system is no longer functioning; e and that is a major concern. She then stated that. while no formal applications have yet been submitted, the owner of the property immediately to the east has submitted a pre-application for development of that tract. She suggested that if the timing of that development coincides with construction of the new school, there is a potential for shared costs in that water main 08-1 5-94 ...._-,---- - 26 - extension. The Assistant Planning Director then asked that the Commissioners keep the reasons for looping of the water lines in mind when making their decisions. Responding to Commissioner Frost, the Assistant Planning Director stated that the water main extension to Emily Dickinson school from the Brentwood Subdivision is a very short one; e and a blow-off has been provided to ensure that the water does not become stagnant. Responding to questions from Commissioner Stueck, Assistant Planning Director Arkell stated that Planning Director Epple attended the School Board meeting at which sites for the new middle school were discussed and provided written documentation on each of those sites. She noted, however, that City staff did not favor one site over another. Responding to Commissioner Frost, the Assistant Planning Director stated a copy of the information submitted to the School Board can be forwarded to the City Commissioners. Commissioner Frost also asked Dr. Butterfield to provide copies of the minutes from the School Board meeting to the City Commission. City Attorney Luwe entered into the record a copy of his memo dated July 18. He reminded the Commissioners that at that time, they adopted Commission Resolution No. 2991, . reaffirming their intent to proceed with this annexation request under Part 43. He cautioned that if the Commission wishes to annex the subject parcel under Part 44, as requested by the School District, the process must be undertaken once again, with a new resolution of intent to annex and another public hearing. Dr. Butterfield stated there are contingency funds included in the project estimates; however, she expressed concern that the extraordinary costs can be extremely damaging to a project. She then stated that the School District wants to be a good neighbor and work with the City. She stated that if there are funds remaining after the project is complete, the School District would then consider assisting the City with some of the impacts not originally covered. She then expressed concern that she has not received a copy of the memo to which Assistant Planning Director Arkell has been referring; therefore, it is difficult for her to respond to those e revised conditions. Dr. Butterfield then encouraged the Commission to treat the School District as another governmental entity rather than as a developer. She also encouraged the Commission to recognize the benefits which the new school will provide to the community in its decision- making process. 08-1 5-94 - 27 - Since there were no Commissioner objections, Mayor Vincent closed the public hearing. City Manager Wysocki asked the Commissioners to forward their questions to Assistant Planning Director Arkell by Thursday. He then asked that this item be placed on the August 29 agenda for discussion. . Mayor Vincent asked that staff include comments on annexation under Part 43 versus Part 44 in their response. Mayor Vincent requested that this item be placed on the August 29 agenda for a decision. Continued Dublic hearing - Zone MaD Amendment - A-S to PLI - Bozeman School District No. 7 - COS NO. 482. located in the SWy... SEy... Section 24. T2S. R5E. MPM (west side of South Third Avenue) This was the time and place set for the public hearing on the Zone Map Amendment from "A-S", Agriculture--Suburban, to "PU", Public Lands and Institutions, requested by Bozeman School District No.7, under Application No. Z-9404, for a 28.759-acre parcel known as Certificate of Survey No. 482, located in the Southeast one-quarter of Section 24, Township 12 South, Range 5 East, Montana Principal Meridian. The subject parcel is more commonly located along the west side of South Third Avenue approximately one-quarter mile south of its intersection with Graf Street. Mayor Vincent reopened the public hearing. Assistant Planning Director Debbie Arkell presented the staff report. She stated that under this application, the 28.759-acre tract which was the subject of the annexation request in the above agenda item is to be changed from A-S, Agriculture Suburban, to PLI, Public Lands and Institutions. The land use designation in the master plan for the subject parcel is public lands and institutions; and this application is in compliance with the master plan. The Assistant Planning Director stated that the Planning Board conducted its public hearing on this application at their regular meeting of March 1, 1994. At that time, they . reviewed the application in light of the twelve criteria set forth in the Montana Code Annotated, taking into consideration the staff findings which have been provided in the written staff report. She stated that, generally, the Board determined that the requested PLI zoning would be in compliance with those criteria and, following the public hearing, voted to recommend approval of the application, contingent upon annexation of the subject parcel. 08-1 5-94 - -- ------ - 28 - Responding to Commissioner Frost, the Assistant Planning Director stated that the section of the code under which the subject property is annexed will not impact this requested zone map amendment. Mr. Craig McVicker, representing the applicant, indicated a willingness to respond to e questions, No one was present to speak in opposition to the requested zone map amendment. Since there were no Commissioner objections, Mayor Vincent 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 Stueck, seconded by Commissioner Frost, that the Commissioner approve the Zone Map Amendment from" A-S", Agriculture--Suburban, to "PU", Public Lands and Institutions, requested by Bozeman School District No.7, under Application No. Z-9404, for a 28.759-acre parcel known as Certificate of Survey No. 482, located in the Southeast one-quarter of Section 24, Township 2 South, Range 5 East, Montana Principal Meridian, contingent upon annexation. The motion carried by the following Aye and No vote: I those voting Aye being Commissioner Stueck, Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none. Break - 8:48 to 8:55 c.m. Mayor Vincent declared a break from 8:48 p.m. to 8:55 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Public hearina - Conditional Use Permit - Lowell Scrinaer for Jim DiBerardinis - allow chanae from one non-conforming use to another non-conforming use bv converting an existing triclex to a duclex - Lots 19 and 20. Block 1. Fairview Addition (404 South Willson Avenue) (Z-9476) This was the time and place set for the public hearing on the Conditional Use Permit requested by Lowell Springer for Jim DiBerardinis, under Application Z-9476, to allow a change e from one non-conforming use to another non-conforming use by converting an existing triplex on Lots 19 and 20, Block 1, Fairview Addition, to a duplex. The subject site is more commonly located at 404 South Willson Avenue. Mayor Vincent opened the public hearing. 08-1 5-94 ..- ---....-- - 29 - Assistant Planning Director Debbie Arkell presented the staff report, a copy of which had been distributed to the Commissioners. She stated that the staff report was prepared by Senior Planner Wall, who has since resigned. She noted the subject site is located at the southeast corner of the intersection of South Willson Avenue and West Koch Street, in an e · R- 2.. Residential--single- family. medium-density. zoning district. I n add ition to converting the existing building from a triplex to a duplex, the applicant proposes to construct a 640-square- foot addition. The Assistant Planning Director reviewed the adjacent land uses, which include primarily single-family residences, with a mixture of apartments, multi-family units and a bed and breakfast. Assistant Planning Director Arkell stated that, since this is an application for a change from one non-conforming use to another non-conforming use, it has been reviewed in light of the ten criteria set forth in Section 18.50.160.1. of the Bozeman Municipal Code; and those findings are contained in the written staff report. She further stated that, since this application is for a conditional use permit, it has been reviewed in light of the six criteria set forth in . Section 18.53.030 of the Bozeman Municipal Code; and those findings are also contained in the written staff report. She briefly summarized those findings, noting that staff has determined that only 15 percent of the lot is to be covered by structures. The existing parking area is a deteriorating graveled area; and under this application, a new two-car garage plus four stacked spaces on a newly paved driveway are proposed. She stated that street trees are to be planted in the East Koch Street boulevard; and the parking is to be screened along the north and south boundaries. No adverse effects on abutting properties have been identified, since the number of dwelling units is to be reduced. The Assistant Planning Director noted that the application complies with the master plan and would address several of the goals and policies of that document. Assistant Planning Director Arkell stated that not all of the criteria for review of an e application to change one non-conforming use to another non-conforming use must be met; however, a review of those criteria should favor the application as a whole. She briefly highlighted the findings contained in the staff report, concluding that with the reduction in the number of dwelling units, no adverse impacts have been identified. 08~ 1 5-94 - 30 - The Assistant Planning Director stated that the City-County Planning Board considered this application on the consent agenda at their August 2 meeting. Board member Marty Weaver cast a dissenting vote because of her discomfort with the number of additional bedrooms to be included in the duplex use, and a concern that the proposed change in use e would not lessen the impacts on the neighborhood. She noted that with a five-bedroom unit and a four-bedroom unit, the duplex would have nine bedrooms; and it is not known how many currently exist in the triplex. The Assistant Planning Director then forwarded the Planning Board's recommendation for approval of this application, subject to seventeen conditions. Commissioner Frost expressed concern that some of the issues raised by Acting Historic Preservation Officer Catherine Goetz and staff were not discussed during the Design Review Board meeting. He cited the roof pitch of the new addition as an example. Assistant Planning Director Arkell stated that if those items are simply mentioned in the staff report, they are simply items to be discussed, with direction to be provided to staff. She emphasized the fact that these are only issues, not staff recommendations. She also noted that, unless conditions are needed to address Secretary of Interior standards, the DRB attempts . not to change the architectural treatments proposed. Commissioner Frost stated that the Acting Historic Preservation Officer's comments do address the Secretary of Interior standards. Those include the lack of a west elevation in the site plans. He noted that from her comments, it appears there are no windows on the west side of the addition; and asked if that is true. Mr. Lowell Springer, architect representing the applicant, stated there was substantial discussion at the Design Review Board after the staff report was prepared. He cited Mr. DiBerardinis' involvement in establishing the South Willson Historic District and his continued commitment to historic preservation. He noted that under this application, a triplex is to be changed to a duplex; and in the future, Mr. DiBerardinis is considering changing that use to a single-family use. Mr. Springer stated that one unit is to be a four-bedroom unit; and the other e unit is to be a three-bedroom unit with a den, which he recognized could be used as a bedroom. Mr. Springer stated that the pitch of the roof was addressed at length by the Design Review Board. He noted that with the steeper pitch, it is not possible to install windows on the west side. Following discussion and revision of the plans, the Design Review Board agreed 08-1 5-94 - ~ - 31 . with the steeper pitch and no windows. He then stated that, with revised plans, he feels that all of the Design Review Board questions and concerns have been adequately addressed. Mr. Springer stated the applicant agrees to the conditions recommended by the City- County Planning Board. . Commissioner Frost once again reiterated his concern that the issues raised by the Acting Historic Preservation Officer have not been adequately addressed. He stated an interest in adding windows to the west elevation, particularly since it faces South Willson Avenue. Also, he feels a condition should be added to require that the materials be compatible with the existing materials on the structure. Further, he would like to add a condition to require that the addition be moved further to the south, or further away from West Koch Street. He stated these items are based on the Secretary of Interior standards. Commissioner Stueck stated he has no problem with the proposed condition to require that the materials be compatible with existing materials; however, he cannot support the other proposed conditions. He stated that if the Design Review Board had felt those issues were important, they would have added the necessary conditions. I Commissioner Youngman stated she supports adding the proposed condition regarding materials. She then stated she does not like the idea of a large windowless expanse facing South Willson Avenue. She noted, however, that if the windows serve no practical purpose because of their location, she does not feel it is appropriate to require the addition of windows. Responding to Commissioner Frost, Assistant Planning Director Debbie Arkell stated that a review of the reports based on the original submittal suggested that the plans be sent back for redesign. She noted, however, that no new comments from the Acting Historic Preservation Officer were forwarded, based on the redesigned plans. She further reminded the Commission that the redesign has been submitted to the Design Review Board; and the ORB had forwarded its recommendation for approval, subject to conditions, to the Planning Board and the City Commission. e Mr. Lowell Springer stated he feels the issue of the roof pitch was valid. He noted, however, that to keep the height of the roof down with the steep pitch, the side walls have been lowered. Because of that change, he reminded the Commission, there is not adequate room for the windows; and the ORB concurred that it would be appropriate to include windows on the south and north sides only. 08-1 5-94 -- ~ - 32 - Commissioner Frost expressed concern that the minutes from the Design Review Board do not reflect that many of these issues were addressed. Following a brief discussion, City Attorney Luwe suggested that the tapes of the Design Review Board meeting be reviewed or transcribed prior to making a decision on this item. . No one was present to speak in opposition to the requested conditional use permit and proposed change in non-conforming use. Since there were no Commissioner objections, Mayor Vincent closed the public hearing. Due to the questions which have been raised, the Mayor requested that the decision on this application be placed on next week's agenda. Public hearina - Conditional Use Permit for Planned Unit DeveloDment - Susan Nelson - to modify the Walker Planned Unit Development to incorcorate an additional 23.064 acres - Tract A. COS No. 1498C. located in the SE%. Section 25 T1 S. R5E. MPM (1500 Reeves Road) (Z- 9483 ) This was the time and place set for the public hearing on the Conditional Use Permit for Planned Unit Development requested by Susan Taylor Nelson under Application No. Z-9483, to modify the Walker Planned Unit Development to include an additional 23.064 acres located I in Tract A, Certificate of Survey No. 1498C, in the Southwest one-quarter, Section 25, Township 1 South, Range 5 East, Montana Principal Meridian. The subject site is more commonly located at 1500 Reeves Road. Mayor Vincent opened the public hearing. Senior Planner Dave Skelton presented the staff report, a copy of which had been distributed to the Commissioners. He reminded the Commission that the Walker Planned Unit Development is generally bounded by Springhill Road on the west, U.S. Highway 10 on the south and Reeves Road on the east. Under this application, 23.064 acres located along the east side of Reeves Road are to be included in the Walker Planned Unit Development, and subject to the development guidelines for that project. He cautioned the Commission that at e this time, only the concept is to be considered; and emphasized the fact that no proposal for development of any portion of the 23 acres has been submitted as of this date. The Senior Planner stated that the application contains a list of proposed land uses which the applicant wishes to have pre-approved under this application; and those uses could be developed without any further review. He noted that the first five uses on the list are listed 08-1 5-94 - 33 - permitted uses in the R-S, Residential--Suburban, zoning district which was recently approved for the subject 23.064-acre parcel. Senior Planner Skelton stated this application has been reviewed in light of the fourteen criteria for planned unit developments as well as the six criteria for conditional use permits; and . the detailed findings are included in the written staff report. He briefly highlighted some of those findings which generated some of the recommended conditions for approval. He stated that under this application, development of the subject property would be subject to the architectural and landscape guidelines which were approved for the Walker Planned Unit Development in 1991. A concern has been identified about allowing the subject property to develop in the same manner as the remainder of the planned unit development, particularly since this parcel serves as a buffer between the commercial uses allowed in the existing Walker PUD and the existing agricultural land and single-family development to the east. As a result of that concern, the Planning Board has recommended that commercial development be allowed in only the southwest corner of the original PUD, at the intersection of U.S. Highway 10 and Springhill Road. I Senior Planner Skelton stated the subject 23 + -acre parcel is currently the subject of a minor subdivision to divide the parcel into four lots. Since this is a minor subdivision located outside city limits, it is subject to review and approval by the County Commission. He noted that the original subdivision was also reviewed and approved by the County Commission, while the conditional use permit for the planned unit development was approved by the City Commission. He stated that under the subdivision, a pedestrian circulation system was identified, and is noted on the plat. He noted that system is located along the road rights-of- way; and County Superintendent Gianfrancisco has recently expressed concern about locating the pedestrian walkways within that public right-of-way, even if it is separated from the roadway as required along county roads. He noted that during Design Review Board review, the Board suggested that the pedestrian pathways should have been required at the same time . as the vehicular system, rather than in conjunction with the development of lots. In light of that concern, a condition has been recommended which requires that the pedestrian system be installed within three years or at the time of development, whichever occurs first. He noted the purpose of the trail system is to allow residents and those working within the development to move safely through the development. 08-1 5-94 - -- - 34- Senior Planner Skelton stated that a fill pond for firefighting was developed in conjunction with the original planned unit development, and that pond has been approved by the Belgrade Fire Department. The 1 OO-foot-wide habitat preservation easement along the East Gallatin River in the original PUD is to be extended through the subject 23-acre parcel. He . stated this 100-foot-wide easement does encroach along a bench on the subject parcel, which will dictate where development may occur. This easement is designed to protect wildlife and wildlife habitat. The Senior Planner stated that all development criteria in this application have been reviewed and found to be in compliance with the criteria for the original Walker PUD which was approved in 1991 and with the planned unit development chapter of the zone code. Senior Planner Skelton stated that the City-County Planning Board conducted its public hearing on this application at their regular meeting of August 2, 1994. Following the public hearing, the Board forwarded its recommendation for approval, subject to eleven conditions. Mrs. Susan Taylor Nelson, applicant, submitted a three-page letter to the Commission, dated August 15, which she read into the record. Many of the comments pertained to specific I conditions which have been recommended. She requested that, in place of the list of pre. approved conditional uses, the following list be inserted: plant nursery, greenhouses, veterinary use, day care center, bed and breakfast/lodging house, and other outdoor recreational uses. She suggested that approval of these uses could not compromise the intent of the transitional character of the subject parcel, but would save a considerable amount of review time when one of those uses is proposed. Mrs. Nelson then addressed the issue of an internal pedestrian circulation system at length. She stated the proposed pathway system will lead to conflicts between landowners and the public, particularly in light of the attendant liability issues. She also expressed concern about the safety issues which arise when a path is located near the fill site pond. Mrs. Nelson submitted to the Commission a copy of the criteria for review of planned e unit developments, as contained in Section 18.54.020 of the Bozeman Municipal Code. She noted that homes have been grouped on cul-de-sacs, which will consolidate automobile travel. She does not believe that any additional savings in traffic generation would be realized because of the pedestrian walkway system. She also noted that, since the tunnel under the North 19th Avenue overpass has not been constructed in conjunction with that Highway project, a 08-1 5-94 ._ _._ ._n... .---- - 35 - pedestrian walkway system no longer enhances the safety of those who wish to walk from the office development to the commercial node. She also noted that since this planned unit development contains a substantial amount of open space, it is significantly different from the smaller, more compact planned unit developments found within city limits. She then stated . that the bylaws and covenants allow for the members to install improvements within the common open spaces, with a provision for assessments to cover the costs. She suggested that when those for whom the pathway system is designed to serve feel that such an improvement would be important, the mechanism is available for installation of the pathway. Mrs. Susan Nelson stated that under this application, only three of the four lots in the minor subdivision are to be included within the Walker Planned Unit Development. She then stated that, until this evening, it was their understanding that the pathway was strictly for the use of those who live and work in the development, rather than being a public pathway. She stated that the pathway would have no connection to any exterior links; and walking along Springhill Road and U.S. Highway 10 is unsafe at the present time. Mrs. Bea Taylor, partner in the development, submitted a two-page letter to the I Commission, dated August 15. which she read into the record. She stated that a misunderstanding about the pedestrian pathway has become a problem between the applicants and the Planning staff. She noted that, since they live in a rural setting, a pathway along a road is her interpretation of a pedestrian walkway; however, in an urban setting, the pathway is typically separated from the street. She suggested that, because of the very large open space included within this planned unit development, she feels the pathway should be installed as the need becomes apparent rather than through a condition requiring that the pathway be installed at a specific time. Mrs. Taylor expressed concern that the inclusion of the subject 23 + acres into the Walker Planned Unit Development seems to be in jeopardy because of the pathway issue. She stated that allowing the subject parcel to develop under the strict covenants and design e guidelines for the Walker PUD would be beneficial. She noted, however, that adding a condition to approval of this application which would require the trail system for the entire Walker PUD within three years is inappropriate. She also noted that two other recommended conditions pertain to the same issue. Mrs. Taylor stated her opposition to the inclusion of these conditions for several 08-1 5~94 - 36 - reasons. She stated that under the original plan, the open spaces are to be planted in native grasses; and construction of a pathway through those areas would have a detrimental impact. She expressed concern that, while the pathway is to be for the benefit of those within the planned unit development, it will have the appearance of a public facility and will attract people e into the development. This could lead to unnecessary conflict between landowners and the public. She also noted that with the minimal amount of pedestrian and vehicular traffic within the subdivision, a pathway is not needed at this time and should not be mandated, particularly with the mechanism which is in place for such improvements within the development. Mrs. Taylor then asked the Commission to overturn Condition Nos. 2, 5 and 7. Responding to Commissioner Frost, Senior Planner Skelton stated that staff is concerned about allowing the subject 23 + acres to develop under the guidelines for the original planned unit development because of its R-Q zoning and because of concern about strip commercial development, particularly in an entryway corridor. He noted that if the requested uses are pre- approved, there will be no opportunity to review the size and density of those uses. Responding to Commissioner Stueck, City Attorney Luwe stated he must research . whether the Oregon case Dolan versus Tigardwould apply in this instance. He stated that the fact this trail system is not being dedicated to the public may make a difference in how the issue is addressed. Senior Planner Skelton reviewed the condition contained in the original approval, noting it requires that the final plat depict the trail system; and the blue line shows where the trail system is to be located. Senior Planner Skelton then noted that the development within the original Walker PUD is not intended to be low-density development. He stated the list of permitted uses on Pages 3 and 4 of the booklet for this development reflect a substantial number of conditional uses. He noted that in the B-1 zoned area, a number of B-2 and B-3 uses are listed. The Senior Planner then requested an opportunity to review the original subdivision e planned unit development as it relates to the open space areas and public access prior to the Commission making its decision. Commissioner Youngman asked if there are any uses on the proposed pre-approved uses for the 23 + acres with which the staff would be comfortable. She suggested that if there are, those should probably be included in approval of this application. 08-1 5-94 - 37 - Commissioner Youngman then suggested the possibility of increased traffic in this development because of the North 19th Avenue interchange. She stated that if the traffic is increased, it may be necessary to provide a safe pedestrian pathway. Senior Planner Skelton encouraged the Commission to keep the long-range plans for this e development in mind when making a decision. He then indicated that the possibility of constructing a pedestrian/bike path along the North 19th Avenue interchange with enhancement monies is under consideration; and he feels that extension of that path into this development would be appropriate. Commissioner Frost noted that one of the projects being considered by the enhancement committee is a bicycle/pedestrian pathway from Belgrade to Bozeman along the highway. He stated that, while this project will probably not be presented for two years, it is currently under consideration. Mrs. Nelson encouraged the Commissioners to look at the five pre-approved uses she has proposed in her letter. She noted that under the original PUD, they dedicated a considerable amount of land located in the northwest corner of the property to the Department . of Fish, Wildlife and Parks for use by the public; and that was not counted toward the parkland dedication or open space. She also noted that they agreed to provide a 50-foot-wide buffer strip, with extensive landscaping, along U.S. Highway 10. She stated that under their original proposal, a 10-foot-wide easement for pedestrians and bicycles was proposed; and that was eliminated during the planning process. She stated that the Department of Fish, Wildlife and Parks also discouraged a pathway along the 1 DO-foot buffer strip from the river, to ensure protection of the wildlife habitat and the fisheries. Mrs. Nelson stated that, while any pre-approved use is not subject to public review, it is still subject to in-house review; and concerns about the impacts of a proposed development can be reviewed. She also reiterated the fact that a mechanism is in place for the development of a pedestrian pathway; and she feels that adequately addresses the issue. e No one was present to speak in opposition to the requested conditional use permit. Since there were no Commissioner objections, Mayor Vincent closed the public hearing. City Attorney Luwe requested more than one week to review the questions which have been raised. 08-1 5-94 "_0..". - 38 - Mayor Vincent requested that the decision on this application be placed on the August 29 agenda. Adjournment - 10:20 D.m. . There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Stueck, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stueck, Commissioner Stiff, Commissioner Youngman and Mayor Vincent; those voting No, none. ATTEST: ~ J~ I ROBIN L. SULLIVAN Clerk of the Commission . 08-1 5-94 ---- ---- -----.----