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HomeMy WebLinkAbout1994-07-25 ccm r-7-.-- - MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA July 25, 1994 ********************* ******** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, July 25, 1994, at 3:00 p.m. Present were Mayor Pro Tempore Stueck, Commissioner Youngman, Commissioner Stiff, Commissioner Frost, City Manager Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan. Mayor Vincent was absent in compliance with Section 7-3-4322(2), M.C.A. The meeting was opened with the Pledge of Allegiance and a moment of silence. Mayor Pro Tempore Stueck asked if any of the Commissioners wished to remove any of the Consent Items for discussion. City Manager Wysocki requested that the Findings of Fact for Mathew Bird Creek Subdivision be removed for discussion. Minutes . Mayor Pro Tempore Stueck deferred action of the minutes of the regular meeting of July 11, the special meetings of July 12 and 15, the regular meeting of July 18 and the special meetings of July 19 and 22 to a later date. Decision - CUP for PUD - Planned Development Resources (Fort Ellis Leisure Community) - to develop 146.18 acres for residential. neiahborhood commercial and recreational uses - Tract 1. COS 748A; Tracts 1. 2.3 and 5. COS 748C; and two tracts in the SE% of Section 16. T2S. R6E. MPM (northeast corner of Canary Lane and Bozeman Trail Road) (Z-9460) This was the time and place set for the decision on the Conditional Use Permit for the Planned Unit Development requested by Planned Development Resources for the Fort Ellis Leisure Community, under Application No. Z-9460, to develop 146.18 acres for residential, neighborhood commercial and recreational uses on Tract 1, Certificate of Survey No. 748A; . Tracts 1, 2, 3, 4 and 5, Certificate of Survey No. 74BC; and two tracts in the Southeast one- quarter of Section 16, Township 2 South, Range 6 East, Montana Principal Meridian. The subject property is more commonly located at the northeast corner of Canary Lane and Bozeman Trail Road. 07-25-94 -.--..".-- -"._---- _..__._~ -.. - 2 - Responding to questions from Commissioner Frost, Assistant Planning Director Arkell stated that the number of dwelling units approved under this planned unit development could decrease, based on County Commission action; but it could not increase. She also noted that reconfiguration of the lots in Phase I could occur as a result of the County Commission's action . on the preliminary plat tomorrow; and the interior lots in Phase II could change substantially between now and approval of that phase. She reminded the Commission that the City-County Planning Board has already recommended that the commercial lot be relocated to a more interior lot within the development. Further responding to Commissioner Frost, the Assistant Planning Director stated that all of the open spaces within the subdivision could be subject to haying, noting that is a typical practice in many of the rural subdivisions. Commissioner Youngman asked about revising the conditions to require that a greater percentage of the units in this development be designated as affordable, possibly allowing the developers to install the maximum of 190 units in an effort to minimize the costs of the additional affordable units. . City Attorney Luwe reviewed the advertisement which was published for this application. He then noted that the advertisement did not specify the number of units to be constructed under this application; therefore, that revision would be acceptable from a legal standpoint as long as that revision results from the public hearing. Responding to Commissioner Stiff, Assistant Planning Director Arkell stated that the conditions recommended by the City-County Planning Boa rd adequately address the requirement for a market analysis on the commercial portion of this development. Further responding to Commissioner Stiff, the Assistant Planning Director stated that the revisions to the conditions which were suggested by the applicant are acceptable to staff. She then indicated that the water and sewer lines within this development are to be constructed to connect to the City's services at some time in the future. She noted, however, . that since the lines being installed at this time will not be inspected to ensure that they are compatible, they will probably remain as private lines even after they are connected to the City's system. Responding to Mayor Pro Tempore Stueck, the Assistant Planning Director stated that 07-25-94 u__ .. ..--.-- --...- ---..--.-. -. - 3 - relocating the commercial lot is acceptable to the developer and, in fact, they have already prepared a revised plan showing the relocated lot. Responding to Commissioner Frost, the Assistant Planning Director stated that, under the development guidelines, fences must be located within the building envelope. . Commissioner Youngman noted that Condition No. 7 pertains to the affordable housing units to be provided in this development. At the present time, five units within the duplex portion of the development, or 2.6 percent of the 188 units, are to be dedicated as affordable housing units according to the HUD guidelines. She noted that means that the duplex units which are designated as affordable could be sold for up to $105,000, which is higher than the cost of many existing duplexes in Bozeman. She then suggested to the Commission that a larger percentage of the density bonus be designated as affordable units. She proposed this could be done in a number of ways, and then forwarded her proposal that 30 percent of the density bonus, or 14 units, be designated as affordable. She further suggested that those 14 units be split, on a 60/40 split, with 8 of the units being sold at up to 120 percent of median, which is currently $105,000, and the remaining 6 units being sold . at 65 percent of median, which is currently $75,000. She noted that since this project is located on the edge of the urban growth area, it will probably be more attractive to those seeking moderate-income housing as opposed to those seeking low-income housing. Responding to Mayor Pro Tempore Stueck, the City Attorney indicated this is a zoning issue and, therefore, even though this project is outside city limits, it is still subject to the provisions of the zone code, which includes a policy that allows the Commission to require that a portion of the density bonus in a planned unit development be designated as affordable housing units. Commissioner Stiff forwarded his concern about the proposal to expand the number of affordable units to be provided in this project, particularly since the proposal was just forwarded to the Commissioners. . Ms. Nadia Beiser, applicant, reminded the Commission that affordable housing is only one of a variety of issues which are being addressed in this development. She enumerated the improvements which they are being required to make in conjunction with this application, including improvements to many of the existing County roads in the area as well as the construction of two fill ponds for the volunteer fire department, which are very expensive and 07-25-94 ------ ...---. ________ .n _.__ . . -.....,. ---..- - 4 - which will benefit many of the surrounding homes. She also noted the public park, landscaping, greenway corridor, four miles of paved bikeways and dedication of 98 acres as open space which are to be provided with this project. Ms. Beiser noted that at last week's meeting, she had stated her willingness to . provide the five affordable housing units at 65 percent of median rather than at 120 percent of median. She then stated that she would be willing to expand the number of affordable units to ten. She reminded the Commission that, with the costs of providing the required improvements and the amount of land that is being dedicated to open space, there are substantial development costs involved in this project. Commissioner Youngman stated that in Bozeman, a 1 ,OOO-square-foot duplex costs less than $100,000 in the current market. She suggested, therefore, a duplex in this development selling at $105,000 should not result in much of a negative impact on profits. Ms. Beiser cautioned that the costs of developing suburban land are much higher than developing urban land. She also noted that, with the continued maintenance and landscaping, there are on-going costs which must also be covered. She then projected that the base price . of the units within this development will be substantially higher than if they were located in downtown Bozeman, suggesting the break even point will be around $110,000 to $115,000. Responding to Mayor Pro Tempore Stueck, Ms. Beiser reaffirmed her willingness to accept the designation of ten housing units, located in the duplexes, as affordable, with five of those being at 65 percent and five of those being at 120 percent of median. She then asked that the Commission not increase the number of units from 188 to 190 units, suggesting that, in light of the public testimony received, that increase in density would be inappropriate. Each of the Commissioners, in turn, stated their support for designating ten of the housing units affordable, as agreed to by the applicant. Responding to Commissioner Youngman, Ms. Beiser stated that the issue of perpetual affordability will be a part of the final plan process and, therefore, subject to staff approval. . Responding to Commissioner Frost, the Assistant Planning Director stated it would be appropriate to add a condition which requires that the applicant cut the natural grasses once a year, probably late in the summer, to mitigate some of the concerns about fire hazards. She suggested that condition should include a maximum height. 07-25-94 - ..- . .. ..-- - - ..-- ---. - 5 - Commissioner Youngman stated her support for this proposal, with the improvements to the County roads in the area, and the large open spaces which are design to buffer surrounding developments. She also noted her support for the inclusion of affordable housing units within the development. . Commissioner Frost noted this is the first real clustering proposal to come before the Commission. He also likes the common open space and the small building footprints. He stated that, while he would have preferred to see more open space along the eastern edge of the property, he feels the overall plan is a good one. Mayor Pro Tempore Stueck stated his concurrence with the comments forwarded by Commissioners Youngman and Frost. It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the Commission approve the Conditional Use Permit for the Planned Unit Development requested by Planned Development Resources for the Fort Ellis Leisure Community, under Application No. Z-9460, to develop 146.18 acres for residential, neighborhood commercial and recreational uses on Tract 1, Certificate of Survey No. 748A; Tracts 1, 2, 3, 4 and 5, Certificate of Survey . No. 748C; and two tracts in the Southeast one-quarter of Section 16, Township 2 South, Range 6 East, Montana Principal Meridian, subject to the following conditions: 1 . Seven copies of the final site plan for the Planned Unit Development which contains all of the conditions, corrections, and modifications approved by the City Commission shall be approved by the Planning Director within three years following approval of the preliminary plan by the Bozeman City Commission. Upon application and for good cause, the Planning Director may administratively extend the period for filing a final site plan for two successive six-month periods. Any additional six-month extensions must be approved, if at all, only by the Planning Board. The final site plan shall comply with Section 18.54.060(C) of the Bozeman Zoning Ordinance, as printed in the September 1993 codification of the Bozeman Municipal Code. The final site plan must be approved prior to final subdivision plat approval. The final plan and plat for Phase I must be submitted within three years of approval, and all required infrastructure and site improvements completed within two years after final approval. . The applicant shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements at the time of final site plan submittal. These improvements will include the construction of the pedestriant bikeway connecting the PUD greenway corridor, landscaping along the bikeway and streets, and exterior renovations and interior designs for rehabilitating the existing building into a community recreational facility, with the development of Phase I. 07-25-94 ...-- --- --..---..-- ..- ..-- - 6 - The Improvements Agreement for Phase II will guarantee continuation of the pedestrian/bikeway along Northern Pike, interior renovations of the recreational building, neighborhood parks, private trails, and landscaping, as the phases of Phase II develop. 2. Preliminary subdivision plat approval must be granted for each phase of the development, with the final plat filed prior to the sale . of any homesites. A building permit will not be issued for any new construction within the development until the final plat is filed and until a public or private road is constructed and accepted to serve the lot. 3. The Development Guidelines shall be amended as follows and submitted to the Planning Office for approval prior to final site plan approval: a) Discrepancies in the name of the Fort Ellis Design Review Board/Committee shall be corrected throughout the document so that the name of the group is consistent. b) Section H-4. Dimensional Reauirements. oage 2. 3rd oaragraoh: Amend to require a 35-foot front yard setback on all lots facing existing county roads. c) Section H-5. Architectural Guidelines. oage 2. 1 st oaraaraoh: Clarify the "design theme", and be more explicit with regard to the meaning of the words "aesthetically pleasing" and "consistent". . Paae 3. 4th oaraaraoh: Delete reference to construction of satellite dishes, as cable TV will be provided to the area. Page 3. 5th oaraaraoh: Clarify section to indicate that home occupations must comply with the Bozeman Zoning Ordinance, and that no more than 25 % of the gross area of all structures can be used for a home occupation. d) Fort Ellis Leisure Communitv - Desian Review Board rules and regulation. Section 2. oage 5: Clarify the first paragraph to note that after building plans are approved by the Fort Ellis DRB, a building permit must be obtained from the City of Bozeman. e) Buildina Materials and Colors. Section 2. oaae 7: Correct typo and specify "asphalt" shingles. f) Section H-6. Parkina Guidelines. oage 8. 4th oaragraoh: . Clarify that site improvement details for the recreational building will be submitted with the phase during which the improvements will occur, and not with the final subdivision plans. Page 9. 3rd oaraaraoh: Details of the parking areas and bike racks should be included with each subdivision phase that will create the improvements. 07-25-94 ...- -.---. --.--- .---.-----. -..-.--. .- _ ..._---~--_... -. _ .---......-- - 7 - Page 1 O. 1 st Daragraoh: Fill in the blank that indicates how many off-street parking spaces will be provided in each residential cluster. g) Section H-7. liahtina Guidelines: Include a detail of the lighting fixture. Require each residence to provide a lighting fixture at the intersection of the driveway and property line at the time homes are constructed. . lighting fixtures must incorporate cut-off shields to direct light downward. Luminaires shall not be visible from adjacent streets or properties. Fixtures should be compatible with architectural and site design. h) Develooment Guidelines - general: Include provisions for the development of the commercial lot, if it is allowed as a part of the PUD, following suggestions listed in the Staff Summary to ORB, dated June 8, 1994. 4. That the covenants contain wording that each property owner may be subject to the cost of urban services at the time the services are provided to the area. 5. That if the commercial lot is allowed in the PUD: a) The location of the lot be moved to the east side of Northern Pike, and a landscape buffer planted along the east boundary of the lot between the commercial lot and the public park. b) A documented market study shall be provided in . conjunction with the site plan review that shows the proposed uses will be supported by the area residents. If the study does not conclude that 50% of the business will be generated from this area, development of the commercial lot will not be allowed. c) Approval of the site plan for the commercial lot shall be contingent on 1) approval of the preliminary plat for Phase II of the subdivision, according to the PUD regulations; 2) paving of Bozeman Trail Road from Fort Ellis Road west to the existing pavement prior to occupancy of any structure on the commercial lot; and 3) the second fill site for fire protection must be installed on Bozeman Trail Road prior to occupancy of the commercial lot. d) All uses in the commercial lot shall connect to the community water and sewer systems, and adequate fire hydrants shall be provided to the site, with the location of the hydrants approved by the Fort Ellis Fire Chief. . e) That the hours of business for all uses within the commercial lot shall be limited to 7 a.m. through 9 p.m. All uses of the commercial lot shall be limited to those permitted in the B-1, Neighborhood Service District, as listed in the Bozeman Zoning Ordinance. 6. Two fire fill sites will be provided in the PUD, with one site located on or near the southeast corner of the property and one to be located at the northwest corner of the property, near the recreation center. Both sites shall be accessible for fire apparatus, 07-25-94 - 8 - and each must be plumbed to Uniform Fire Code standards. The fill sites must be in place and operable prior to construction of any buildings, with the Fort Ellis Fire Chief having the authority to require both sites to be installed with Phase I, if he deems necessary. Phase IA of the subdivision (Le. Golden Trout Way) may be platted with only the construction of the northwest fill site. it 7. Ten homes and/or lots shall be made available for affordable housing. Five of the units may not be sold for more than the HUD guidelines allow (currently 120% of median income). Five of the units may not be sold for more than 65% of the median income, with the median income being defined as the median income for the City of Bozeman that is currently in effect at the time the home is marketed. The final PUD plan shall include a detail of how and when the ten affordable homes and/or lots will be made available and how their sale will be monitored. Participation by the HRDC and/or the First Home Buyers Club to ensure that the homes will be made available to LMI persons shall be committed to prior to final plan approval. 8. A commercial tree nursery may not be developed in the common greens adjacent to Canary Lane without first undergoing Conditional Use Permit review to amend the Planned Unit Development to allow the use. 9. The covenants and final site plan shall indicate a minimum 10-foot wide maintenance easement along both sides of the drainage ditch for all portions of the ditch that traverse private lots. . 10. The phases of the project shall be clearly shown on the final site plan, as proposed in the PUD submittal, and shall clearly define the phased installation of infrastructure, as proposed in the planned unit development submittal. 11. Annual mowing of grasses in the entire PUD shall occur, at approximately the same time the hay is cut, to a height of not more than six inches. 12. The right to use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed on the Conditional Use Permit procedure. 13. 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. 14. That all of the special conditions required by the City Commission shall be consented to in writing by the applicant. The motion carried by the following Aye and No vote: those voting Aye being Commissioner . Youngman, Commissioner Stiff, Commissioner Frost and Mayor Pro Tempore Stueck; those voting No, none. 07-25-94 - -- - -'--'---_._-~ ----..----- - 9 - Reauest for permission to address Commission re SculDture Park - Beautification Advisory Board Included in the Commissioners' packets was a memo from Derek Strahn, staff member for the Beautification Advisory Board, dated July 20, 1994. Mr. Derek Strahn stated the Bozeman Beautification Advisory Board is in a state of . transition. Ms. Sue Higgins, who has been serving as Chair, has indicated she does not wish to continue serving on the Board, since her term has expired; and no new officers have been elected to date. He also noted there are four new members on the Board; and they are seeking some guidance on how they should proceed. Mr. Strahn reminded the Commission that the City has had an agreement with Mr. Gary Bates for his sculpture, which was selected to be placed in the North 7th Avenue Sculpture Park. That agreement expired on June 1; and the Board was authorized to grant a 60-day extension, to August 1, to allow the Board an additional opportunity to raise the additional monies needed to acquire the sculpture. To date, approximately $10,000 of the $30,000 to fulfill that agreement has been raised. Mr. Strahn stated that on July 19, the Board identified several alternatives. After . reviewing those options, which are listed in his memo, the Board voted unanimously to recommend that the Commission allow the agreement with Mr. Bates to expire, at least until the Board has had an opportunity to reorganize itself and determine how it wishes to proceed. Mr. Strahn then forwarded two questions upon which the Board would like Commission input: 1. Should the multi~sculpture park concept be pursued, or are there other priorities the Commission would rather see pursued? 2. What should be done with the donations already received for the Bates sculpture? Mayor Pro Tempore Stueck noted the City has three options available for the $10,000 in donations received: (1) keep the money for something else; (2) return the money to the . donors; and (3) keep the money and use it for the Sculpture Park. City Attorney Luwe concurred in those options, recommending that the City offer the monies back to those who donated it because those donations were made for a very specific purpose. Mr. Derek Strahn stated that is the Board's recommendation as well. 07-25-94 - 10- Responding to questions from Commissioner Frost, Mr. Strahn stated that preliminary discussions with Mr. Bates indicate that it may be possible to lease the sculpture for a period rather than purchasing it. Mayor Pro Tempore Stueck cautioned that, because of the costs involved in . constructing the sculpture, a five or six-year lease may be required. Commissioner Frost stated that if an agreement cannot be renegotiated with Mr. Bates, he feels the monies should be returned to those who made the donations. Commissioner Youngman suggested that the people be offered choices. They may either ask that it be returned or let the City keep it for another sculpture. She then stated an interest in pursuing a multiple sculpture park, as well as the possibility of scattering sculptures out among the various parks throughout Bozeman. She reminded the Commission of the Beautification Committee's "Business of the Month" award, suggesting that would be a good program to re-institute at this time. Commissioner Stiff stated his support for the Board's recommendations that the agreement with Mr. Bates be allowed to expire and that the donations be offered back to the . donors unless they agree to leave it for use in the Sculpture Park. Mayor Pro Tempore Stueck stated his concurrence with Commissioner Stiff. He then suggested the possibility of designing the Sculpture Park as a place for artists to display their wares for a period of time instead of purchasing art pieces. City Manager Wysocki cautioned that if the Commission decides to pursue loaner pieces, a minimum length of time should be set because of the cost of setting bases for those art pieces. Mayor Pro Tempore Stueck summarized the Commission discussions by noting that the agreement will expire by consensus of the Commission and that the monies will be returned to those donors who do not wish to have their donations used in some other manner for the Sculpture Park. . Responding to Mr. Strahn, the Commissioners indicated that renegotiation of an agreement with Mr. Bates should not be pursued at this time. 07-25-94 ---. ..----- - - -----------.. - 11 - Discussion - final selection of transDortation Droiects to be included in general obliaation bond issue City Manager Wysocki distributed to the Commissioners a new sheet containing new figures for each of the proposed projects to be funded through a general obligation bond issue, noting that many of the figures have been changed substantially through careful review by . Director of Public Service Forbes. He stated that while some of the differences are attributable to changes in scope, i.e., expansion of the Durston intersection projects to include Durston from North 7th Avenue to North 19th Avenue, other changes are attributable to differences in calculation of costs. Commissioner Frost noted that the signal at South 4th Avenue and West Babcock Street and the South 4th Avenue linear trail are two of the top priority projects for enhancement monies at this time. He then suggested that the signal be eliminated from this list, with that project to be considered for funding through the enhancement monies instead. Mayor Pro Tempore Stueck stated he has received several telephone calls about the storm drainage problems at South 8th Avenue and Durston Road, particularly with the heavy rains, and asked if that problem is to be resolved with the Durston Road project. . Director of Public Service Forbes stated that funding was included in last fiscal year's budget to address that problem; and it is being engineered at this time. The Director of Public Service proceeded to review the first eight projects on the list, and the revisions to the costs for each of those pJojects. He stated the West Main/West Babcock intersection and signal are new to the list. The amounts listed for this project as well as the West College Street/South 19th Avenue traffic signal and the Highland project is intended to cover the anticipated shortfall in existing funding. The Director stated that his revised estimate for Oak Street from 7th to Rouse is based on the cost experience for Kagy Boulevard as well as a couple similar projects; and it is for a 32-foot-wide roadway. He cautioned that the alignment of the eastern end of this . roadway extension must be carefully considered, since it will impact one or two existing developed properties. He then noted the substantial increase in the amount projected for the Front Street project. He stated this project is 3,100 feet long and includes a bridge over Sourdough Creek. Even though right-of-way does exist along the entire length, in some places it is not usable, thus requiring that additional right-of-way be acquired for appropriate alignment 07-25-94 u. - 12 - of the street. All of those elements serve to quadruple the original estimate, to just over $1 million. Director of Public Service Forbes reminded the Commission that the original proposal for Durston Road improvements was to improve three intersections; and that has now been . expanded to include Durston Road from 7th Avenue to 19th Avenue. thus increasing the estimated costs to nearly $1.4 million. This is based on full reconstruction of the entire section, along with the installation of storm drainage improvements, curb, gutter and sidewalk. He then cautioned the Commission that, according to the computer models, once the North 19th Avenue/West Oak Street alignment and the North 19th Avenue interchange are complete, the volume of traffic on Durston will decrease by 50 percent. He suggested that if the Commission decides to keep this project on the list, care must be taken to ensure that the roadway is not overbuilt. The Director of Public Service noted that the amount budgeted for the design of South 19th Avenue from Main to Kagy has been decreased, and is intended to cover preliminary design only. The amount contained in the previous listing for the widening of South Third . Avenue was essentially sufficient to cover that portion from Kagy to Wagon Wheel South, which is just past the site for the new middle school. Under the project, this section of roadway will be expanded to 32 feet, with no curb, gutter or sidewalk and no storm drainage improvements. He noted that to include those items in the project would add approximately $1 million to the cost. The Director then stated that the amount budgeted for preliminary design of the Rouse/Peach intersection has been decreased dramatically from last week's discussion, as a result of carefully reviewing the actual anticipated costs. Director of Public Service Forbes concluded by noting that, even though a $1 million project was dropped from last week's list, the total cost of the projects has increased by $.5 million. Responding to Commissioner Frost, the Director of Public Service stated that the cost . of installing the 5-foot-wide asphalt pathways along South Third Avenue, adjacent to Figgins Addition was extraordinarily high because of the drainage improvements needed and the amount of fill required to bring those walks up to street level. He also noted the right-of-way constraints at the northern end of the project, since portions of the property on each side of the street lie in the county. 07-25-94 ....-.----- .. .. .------- ---------- - 13 - Commissioner Frost thanked Director of Public Service Forbes for recalculating the anticipated costs of these projects. He then stated he feels a $5 million bond issue is needed so that as many of the projects can be completed as possible, suggesting it may be necessary to drop the Front Street project. He then suggested that the signal at 4th and Babcock be . eliminated, since it is strongly being considered for enhancement monies. He also suggested that the South 8th and College intersection improvements be eliminated. He then noted that a small amount of money could be added back into the list for acquisition of right-of-way for the Front Street project. Commissioner Stiff stated that the improvements to Durston Road are not so much the Commission's desire as a reflection of the community perceptions and desires. He then stated that he supports a $5 million bond issue; but he prefers to decrease the Durston Road project rather than eliminating the Front Street project. Commissioner Youngman suggested that the 15th Avenue project from Main to Babcock could be deleted, along with the improvements to the intersection of South 8th Avenue and West College Street. She then expressed her strong concerns about eliminating . the Front Street project in light of potential commercial developments along that corridor that could dramatically impact the neighborhood streets if this road improvement is not completed. Responding to questions from the Commission, Director of Public Service Forbes estimated that the costs of the bridge across Sourdough Creek, which will be approximately 60 feet wide and 30 feet long, including a pedestrian crossing, will be $360,000. Mayor Pro Tempore Stueck suggested that by eliminating the South 15th project, the Rouse project and the Front Street project, except for the bridge, a $4.5 million bond issue could be considered. Responding to questions from Mayor Pro Tempore Stueck, the Director of Public Service stated that installation of the bridge across Sourdough Creek and possibly some right- of-way acquisition under this bond issue could help to make the Front Street project a reality . with additional revenues from a different source. Responding to questions from Commissioner Youngman, the Director stated that the proposed improvements to Durston Road include two driving lanes and one turn lane, constructed in a street width of 39 feet, back-of-curb to back-of-curb. Slightly smaller than standard boulevards and 5-foot sidewalks would then complete the remaining improvements 07-25-94 - 14 - within the existing right-of-way. He noted that this configuration does not allow for a separate bike lane and does not allow for parking along the street. Commissioner Stiff suggested that if the intersections of Durston and North 7th, North 11 th and North 15th were improved, that could eliminate many of the problems currently . encountered on that roadway. He then noted it may be preferable to return to that format rather than improving the entire length of the street, at a substantially lower investment. Responding to Commissioner Youngman, the Director of Public Service stated that the improvements to Durston Road, as opposed to just the intersections, will provide storm drainage improvements, curb, gutter and sidewalk along the entire length. City Manager Wysocki reminded the Commission that there are three schools in the immediate vicinity of Durston Road; and he feels it is important to ensure the safety of the children going to those schools. He then suggested that the Durston Road project could be split into two phases, Phase I, for the intersections, and Phase II, for the remainder of the improvements. He noted that the North 19th/West Oak corridor and the North 19th Avenue interchange will be in operation before these improvements are made; and if it is determined . the full improvements are not needed, any excess monies could then be used for another project on the list. In that light, he suggested that Front Street be retained on the list, with any residual monies being applied to that roadway. Mayor Pro Tempore Stueck reviewed the list of projects, asking for Commissioner consensus on each. Following discussion, the Commissioners agreed on the following list of projects to be funded through a $ 5 million general obligation bond issue, less issuance costs, and asked that staff bring back a resolution placing the general obligation bond issue on the November ballot: Main/Babcock intersection/signal $ 206,375 College/19th signal 19,150 Highland: Holly to Kagy 142,375 . Oak Street: 7th to Rouse 951.090 Front Street - Rouse to McAdow residual Durston: 7th to 19th 1,368,000 South 19th: Main to Kagy (prelim design) 175,000 South 3rd: Kagy to Wagon Wheel South 515,430 West Babcock (prelim design) 145,000 11 th/College signal 109,350 15th: Main to Babcock 399,000 Rouse: Babcock to Mendenhall 14,850 Main/Highland signal 109.350 Wallace: Babcock to Main 1,350 07-25-94 - 15 * Babcock: Rouse to Wallace 6,750 Willson: Bulbs @ Dickerson, College, Garfield 29,700 Willson/Mendenhall signal 148,500 Rouse/Peach intersection (prelim design) 29,000 City/County rights-at-way purchases 200.000 Total bond issue $5,000,000 . Discussion - organization of town meetina re housina task farce recommendation Included in the Commissioners' packets was a tentative agenda for the town meeting to be held Monday, August 8 at 7:00 p.m. in the Choral Room at Bozeman Senior High School and a copy of the advertisement that is to be published in the Bozeman Daily Chronic/e. City Manager Wysocki suggested that the agenda be revised to reflect that the ground rules for the meeting will be reviewed by the Mayor. Commissioner Youngman suggested that the Commissioners identify questions they may wish to ask the public. Mayor Pro Tempore Stueck asked if letters should be written to various groups, inviting them to attend the town meeting. . City Manager Wysocki stated he feels the notice which is to be published in the newspaper is sufficient. Mayor Pro Tempore Stueck stated he feels it is important to have the different advisory groups who will be dealing with housing issues, i.e., the Development Review Committee, the Design Review Board, and the City-County Planning Board, represented at this town meeting, so they are aware of the concerns being voiced. Discussion - possible removal of "no parking" signs alona South 8th Avenue Mayor Pro Tempore Stueck noted that the previous Commission authorized the installation of "no parking" signs along South 8th Avenue; and that at last week's meeting, the Commission decided not to overturn that decision. He noted, however, since that meeting, . some issues have been raised; and a majority of the Commissioners have indicated an interest in discussing the matter further. The Mayor Pro Tempore noted that at last week's meeting, he made the statement that he was hesitant to change the decisions made by the previous Commission. He stated, however, after driving up and down the street, he feels there are some blocks where "no 07-25-94 - 16 - parking" signs would be appropriate, and other blocks where he feels on-street parking should be allowed to continue. He cited the block between West Main Street and West Babcock Street as a block where "no parking" signs would be appropriate. The Mayor Pro Tempore then characterized South 8th Avenue as a special street . because of the wide median in the center. He also suggested that, because of that wide median, other alternatives exist for addressing the bike lane issue, even though those alternatives may be quite costly. He then stated he feels it would be appropriate to remove the "no parking" signs, leaving the posts in place, while the alternatives are being considered. Commissioner Youngman stated her concurrence. She then noted that when the transportation plan was completed, the creation of a neighborhood parking district was being discussion, but no formal action had yet been taken. She noted that the creation of that district has resulted in a different set of circumstances for a portion of that street. She also stated she feels that alternatives should be explored before "no parking" signs are installed on a permanent basis. Commissioner Frost stated his interest in leaving the "no parking" signs up south of . West College Street because the intersection of South 8th Avenue and West College Street is extremely dangerous when vehicles are parked close to the intersection. He then stated that he feels it would be appropriate to removed the "no parking" signs along the remainder of the street while considering different alternatives, such as narrowing of the median, to allow the on-street parking to remain while providing a safer place for bicyclists to ride. Commissioner Stiff noted that each of the Commissioners has received a substantial number of comments from residents in the area; and most of those comments make a lot of sense. He then stated his support for the proposal to remove the "no parking" signs while viable alternatives are considered. Mayor Pro Tempore Stueck stated his concurrence with the comments forwarded by the various Commissioners. He then proposed that the staff be authorized and directed to . remove the "no parking" signs along South 8th Avenue except for those on both sides of the block between West Main Street and West Babcock Street and along the east side of the street from West College Street south one block. It was moved by Commissioner Stiff, seconded by Commissioner Frost, that the Commission authorize and direct staff to temporarily remove the "no parking" signs along South 07-25-94 ---..-. ".-.".... . .----... - 17 - 8th Avenue, except for those they determine should remain, while alternatives are considered. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Pro Tempore Stueck; those voting No, none. . Break - 5:05 to 5: 15 c.m. Mayor Pro Tempore Stueck declared a break from 5:05 p.m. to 5:15 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Authorize Mavor Pro Temcore to sign- Findings of Fact and Order - accroval of creliminarv clat for Mathew Bird Creek Subdivision (26.918 acres located south of Serino Meadows Subdivision. in Graf's Fourth Addition) City Manager Wysocki reminded the Commission that he had requested this item be removed from the Consent Items. Commissioner Youngman distributed copies of some proposed revisions to be included on Page 6 of the Findings of Fact. She then reviewed those revisions, which she feels should . be incorporated into the section entitled "Effects on Public Health and Safety", noting that these items are a part of the public record and were included in the basis for the Commission's decision. She summarized the revisions, noting that one references South Third Avenue and the need for improvements to that roadway; and the other pertains to enbar soils and hydric soils on the subject property. Responding to Mayor Pro Tempore Stueck, City Attorney Luwe noted these Findings of Fact are the Commission's findings, and can be revised as they deem appropriate prior to approval. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission authorize and direct the Mayor Pro Tempore to sign the Findings of Fact and Order for Mathew Bird Creek Subdivision, as amended to reflect Commissioner Youngman's . proposed revisions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stiff and Mayor Pro Tempore Stueck; those voting No, none. 07-25-94 " - 18 - Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Information regarding "A New Vision for the West: A Design Manual for . Conservation and Development in the Northern Rockies". Assistant Planning Director Arkell stated that Mr. Nick Salmon, Prugh & Lenon Architects, has requested an opportunity to address the City-County Planning Board at its August 2 meeting; noting it has been scheduled as the first item on that agenda. She further stated that Mr. Salmon, in conjunction with County Planning Director Mary Kay Peck, plan to develop what is essentially a county-wide design objectives plan for county developments. This project is to be funded through National Endowment for the Arts grant monies; and they propose to use a telephone committee to assist in the development of the document. She then asked that the Commissioners return the cards attached to the front of this information as soon as possible. (2) Memo from Neighborhood Coordinator/Grantsperson Goehrung, dated July . 18, providing an update regarding closure of Perkins Place. (3) Announcement of the Montana League of Cities and Towns District 10 meeting scheduled for 3:00 p.m. tomorrow in the Commission Room. The City Manager encouraged all interested Commissioners to attend if possible, noting that the main topic will be possible issues for the upcoming legislative session. (4) Copy of a public health notice forwarded by the Department of Health and Environmental Sciences reminding persons within the Bozeman Solvent Site area not to drink the contaminated groundwater. (5) Copy of a letter from Sweet Pea requesting that no parking be allowed on Cypress Avenue during the Sweet Pea festival. The City Manager noted that this is the same request that has been made, and . approved, in years past; and it is being handled administratively. (6) Information regarding a telephone call from Linda Hayden, dated July 21, regarding the failure of many bicyclists to obey traffic laws. City Attorney Luwe stated the Police Department is enforcing complaints filed against 07-25-94 - 19 - bicyclists who run stop signs and stop lights. He noted there have been two or three trials in City Court, with one having been appealed to District Court, as a result of that enforcement. (7) Letter from Marlene Nydam, dated July 11, 1994, regarding the park in Valley Unit Subdivision. . (8) A sheet reflecting the adjustments to be made to the budget as a result of the Commission's work sessions. (9) Letter from Greg Beardslee, dated July 24, regarding closure of Perkins Place. (10) Post card from Joyce Lee regarding the town meeting set for August 8. (11) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, July 26, at the Carnegie Building. (12) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, July 26, at the Carnegie Building. (13) Agenda for the County Commission meeting to be held at 1 :30 p.m on Tuesday, July 26, at the Courthouse, along with daily minutes for the week of July 11. . (14) Agenda for the Board of Adjustment meeting to be held at 1 :30 p.m. on Thursday, July 28, in the Commission Room. (15) The City Manager submitted his weekly report, as follows. (1) Stated that installation of sign posts for the neighborhood residential parking district is beginning done today. (2) Announced that the overlay project on Kagy Boulevard between South 7th Avenue and South 11 th Avenue is to be completed today. (3) Announced that negotiations with the three bargaining groups was completed this past week. (4) Stated that staff will be finalizing the tentative appropriation ordinance for consideration at next week's meeting. (5) Announced that the new Urban Planner, Patrick Morris, began work today. (16) Commissioner Frost submitted the following. (1) Attended the meeting at MSU regarding the "green building" on Tuesday afternoon. He noted the building is estimated . to cost $10 million. (2) Attended a meeting of the enhancement steering committee on Wednesday. He noted they will meet again in two weeks to finalize the recommendations to be forwarded to the City Commission and the County Commission for establishing the priority projects for this funding.  07-25-94 - 20 - (17) Commissioner Youngman submitted the following. (1) Attended the meeting at MSU regarding the "green building" also. (2) Attended the Beautification Advisory Board meeting last week. ( 18) Clerk of the Commission Sullivan reviewed the agenda for next week's . meeting, which includes three public hearings. (19) The City Manager informed the Commission that the Clerk of the Commission has just received an award, as a result of the training and education in which she has been involved. The Commissioners forwarded their congratulations, recognizing Treasurer Joanne Riley's recent award as well; and directed that this information be submitted for publication under the "People in Business" column in the Bozeman Daily Chronicle. (20) Ms. Daria Joyner, Executive Director of the Bozeman Area Chamber of Commerce, announced that a forum on growth and development in Bozeman is to be held on August 10; and the Mayor has been invited to represent the Commission on a panel that is intended to provide a variety of perspectives on those issues. She then stated that she will be . sending an invitation to all of the Commissioners to attend this forum. (1) Announced that (21) Mayor Pro Tempore Stueck submitted the following. the last big MSU housing project, which includes 48 family units, will be bid on August 16. (2) Stated that he will be asking for an agenda item on a rather frequent basis to update the Commission on the status of the installation of the ballfields on parkland and school property in Valley Unit Subdivision and on the parkland along West Oak Street, to alleviate any perception that he is coordinating this project on his own. He noted that he has provided these updates under "FYI Items" in the past; but he feels that as the actual on-site work begins, it would be better to formalize the update process. Consent Items . City Manager Wysocki presented to the Commission the following Consent Items. Commission Resolution No. 2990 - establishing policy re property acauisition. residential anti-displacement and housina relocation when using HOME monies COMMISSION RESOLUTION NO. 2990 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, 07-25-94 - 21 - MONTANA, ESTABLISHING A POLICY ON PROPERTY ACQUISITION, RESIDENTIAL ANTI-DISPLACEMENT AND HOUSING RELOCATION WHEN USING HOME MONEY. Addendum to staff report - reauest for annexation of 28.759-acre tract located in the SW~. SE~. Section 24. T2S. R5E. MPM known as the Middle School site (west side of South Third Avenue) . Commission Resolution No. 2991 - reaffirming Citv's intent to annex 28.759-acre tract located in the SW~. SE~. Section 24. T2S. R5E. MPM known as the Middle School site (west side of South Third Avenue) under Part 43. Chapter 2. Title 7. M .C.A.; setting public hearing for August 15. 1994 COMMISSION RESOLUTION NO. 2991 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING THE ANNEXATION PROCEDURE IN PART 43, CHAPTER 2, TITLE 7. MONT ANA CODE ANNOTATED, TO BE APPROPRIATE TO THE CIRCUMSTANCES FOR THE ANNEXATION OF A CERTAIN CONTIGUOUS TRACT OF LAND INTO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN, HEREIN KNOWN AS THE MIDDLE SCHOOL PROPERTY ON SOUTH THIRD AVENUE AND MORE PARTICULARLY DESCRIBED HEREIN. Authorize City Manager to sign - Professional Services Agreement with Thomas. Dean and Hoskins. Inc. - 1994 Street Imcrovements Buildina Inspection Division report for June 1994 . It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner Frost and Mayor Pro Tempore Stueck; those voting No, none. Adiournment - 5:30 c.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Stiff, seconded by Commissioner Frost, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Frost, Commissioner Youngman and Mayor Pro Tempore . Stueck; those voting No, none. 07-25-94 - 22 - (OLP7 f~~ DON E. STUECK Mayor Pro Tempore . ATTEST: r2L / d~;: , ROBIN l. SULLIVAN Clerk of the Commission e .. . 07-25-94