HomeMy WebLinkAbout1994-07-11 ccm
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
July 11, 1994
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. The Commission of the City of Bozeman met in regular session in the Commission
Room, Municipal Building, July 11, 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 - May 16 and May 23. 1994
It was moved by Commissioner Youngman, seconded by Commissioner Stiff,
that the
minutes of the regular meetings of May 16 and May 23, 1994, be approved
as submitted. 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 Dublic hearina - Commission Resolution No. 2977 - intent to
create SDecial
ImDrovement District No. 660 - imDrovements to Valley Unit Park
This was the time and place set for the continued public hearing on Commission
Resolution No. 2977, as approved by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 2977
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF
BOZEMAN
TO CREATE AN
EXTENDED SPECIAL IMPROVEMENTS
. DISTRICT NO. 660 FOR PURPOSES OF IMPROVING THE VALLEY UNIT
PARK IN THE CITY OF BOZEMAN, MONTANA.
Mayor Vincent reopened the continued public hearing.
Mr. Robert Tudor, 515 Flathead Avenue, encouraged the Commission to give
public
comment as much weight as the comments from advisory boards and City
staff on this issue.
He then questioned the waivers of right to protest the creation of special
improvement districts
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which were signed by residents in Bridger Peaks and Cascade Subdivisions. He also suggested
that, due to the amount of time that has elapsed since the original petition was circulated and
the number of people who have moved out of and into the proposed district, it would be
appropriate to circulate a new petition to determine how many people are still interested in
. having the proposed special improvement district created. He expressed concern that, given
the number of people who are subject to the waivers, it is impossible to get 51 percent of the
residents to sign a petition in opposition to the proposed special improvement district.
Mr. Don Wright, 514 Flathead Avenue, stated that he paid off the SID's when he
purchased his home; and at that time, he was assured there would be no additional SID's. He
then stated that, even though staff provided a per-square-foot cost for these proposed special
improvement districts at last week's meeting, he would like some more specific information on
the costs to each lot.
Mr. Wright estimated it will take twenty years to realize the benefits of some of the
improvements to be installed, such as the trees. He noted that if the park had been improved
when the subdivision was initially created, the park would now be of some benefit to the
. current residents.
Mr. Wright suggested there may be some alternatives that could be considered to
improve this park, or possibly modification of the improvements to be installed. He expressed
concern that with increasing taxes and the potential of more special improvement districts, it
may be necessary for some of those living in the area to sell their homes, particularly those
who are retired and on fixed incomes.
Responding to questions from Mr. Wright, City Manager Wysocki stated that the
estimated assessments for this special improvement district include an estimated 8-percent
interest rate. He stated that if an individual pays the assessment when it is initially assessed,
only the principal and possibly a small amount of interest will be paid.
Mr. Mike Mosby, 502 North Yellowstone Avenue, stated he is one of the five
. individuals who worked with Neighborhood Coordinator James Goehrung in preparation and
circulation of the petition to improve the park. He noted that when he circulated the petition,
the cost of the project was estimated at $70,000, with each lot being assessed approximately
$150; and people thought this was a reasonable idea. He noted that in Valley Unit Subdivision,
67 percent of the owners of record signed the petition; and many of the undeveloped lots were
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in out-of-state ownership. He noted that the percentage of signatures in the Bridger Peaks and
Cascade Subdivisions were substantially higher because most of the lots were undeveloped and
the developer signed the petition.
Mr. Mosby noted that a portion of the northern end of the park, along the creek, is
. to be a low-maintenance area; and leaving that area in essentially a natural state will still
provide habitat for birds and field animals. He then stated this
park is designed to serve not
just the children of the neighborhood, but everyone.
Mr. Mosby stated that some of the costs of the park could be reduced through
organized work days, during which residents of the subdivision would donate a day's work.
He then stated that, while there have been many ownership changes since the petition was
circulated and much more of the area has been developed, many of the people who were
supportive of improvement of the park still live there and are still supportive of this proposed
special improvement district.
Mr. Robert Tudor stated that, with the change in cost and the changes in ownership,
he feels a new petition should be prepared and signed, noting that will reflect how the current
. residents feel.
Commissioner Youngman stated that she had a conversation with Ms. Corky Bush,
406 Teton, in which Ms. Bush indicated that she had done research on birds and the habitat
that is provided by this park, and found that one narrow stretch in the middle of the park was
used by birds and ground animals. Ms. Bush further noted that with the number of dogs and
cats in the neighborhood, improvements to the park, including the planting of trees, could
actually enhance that habitat. She noted that Ms. Bush was generally supportive
of the
proposed district, particularly if the costs could be dropped through neighborhood work days
or other alternatives.
Responding to Commissioner Stueck, City Attorney Luwe stated that he is not aware
of any provision for a payback for use of a park which is improved under a special improvement
. district. He suggested that if it is determined that other properties will benefit from the
improvement, then the process of creating a district should be started again with a new
boundary which includes those properties.
Commissioner Frost noted that the Commission is considering the creation of this SID
at the request of the residents of the area. He also noted that
this subject property was
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dedicated as parkland and cannot be used for any other purpose without a lengthy public
process.
Responding to Commissioner Stiff, Neighborhood Coordinator/Grantsperson
James
Goehrung stated that the payback on SID No. 660 is to be spread over seven years. He then
. stated that the maintenance district is to be re-assessed annually; and it is anticipated that in
three to five years, the City would assume full responsibility for the costs of maintenance. He
stated that, because the neighbors are asking to have the park improvements completed before
it is scheduled on the City's priority list, the residents are being asked to bear the costs of
improvements and one-half the costs of maintenance for a period of time, until the City grows
more in that direction.
Commissioner Stiff stated he feels it is commendable that the residents
of the area
have brought their request for the creation of a special improvement district to the Commission;
however, he does have a problem with the idea of creating a maintenance district in addition
to the SID for improvements. He indicated that he could support the SID for installation of the
improvements with the assurance that a maintenance district would not be created, but that
. the City would absorb those maintenance costs.
Responding to Mayor Vincent, Neighborhood Coordinator Goehrung stated
that if the
neighborhood becomes involved and the costs of the project are reduced, then the assessments
will be based on the lower figure. He then cautioned that those
who participate in any
volunteer efforts to improve the park will still be assessed on a prorata basis for the costs of
the special improvement district, rather than their volunteer efforts becoming part of their
payment.
Responding to Commissioner Youngman, Neighborhood Coordinator Goehrung
stated
that items such as planting of trees could be done by the neighborhood. He noted that grading
and installation of the sprinkler system are items which must be completed by professionals.
He then cautioned that if some of the work is to be done through volunteer labor, the City will
. still incur the costs of having someone provide direction and ensure that the work meets
standards.
City Manager Wysocki suggested that the neighbors could also possibly
assemble the
playground equipment, with appropriate supervision. He then stated that if the Commission
directs, staff will review the project to determine how costs can be reduced.
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The City Manager then stated that some of the public testimony pertained
to the fact
that the residents in Bridger Peaks and Cascade Subdivisions could not sign any petition
protesting the creation of this special improvement district.
He noted this is a typical
requirement for new subdivisions, particularly when it is evident that new improvements will
. be needed within the next year as a result of the impacts created by the development of that
subdivision. He further stated that he does not believe there is a time period within which the
City must act upon a petition.
The City Manager noted that any work which is earmarked for completion
by
volunteer neighborhood participation will be eliminated from the contract for the park
improvements.
Responding to questions from Commissioner Stueck, City Attorney Luwe
stated that
the boundaries of the maintenance district can be changed. He noted that the procedure and
the limitations for such action are set forth in the State statutes.
Since there was no Commissioner objections, Mayor Vincent closed the
public
hearing.
. Commissioner Stueck stated that, while he can support the creation of
a special
improvement district to improve the park, he does not support the creation of a maintenance
district. He suggested that if the Commission feels it is important that the neighborhood bear
the costs of maintenance for the first year or sixteen months, that amount should be added into
the SID for the improvements.
Commissioner Frost stated support for creation of the special improvement
district
for improvements to the park, noting that the neighborhood has made it clear that is their
desire, based on the petition submitted. He also noted his support
for the proposed special
improvement maintenance district.
Responding to Commissioner Stueck's proposal, City Attorney Luwe cautioned
that
maintenance costs cannot be incorporated into a special improvement district for the
. installation of improvements.
Commissioner Youngman recognized that a significant majority of the neighborhood
residents forwarded the request for an SID for park improvements.
She then stated that, in
light of the fact that the estimated cost of this project has jumped so dramatically, she feels
it is imperative to direct staff to find ways to reduce the costs in whatever manner possible.
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She suggested that, since the neighborhood is new, it would be good for
the residents to work
together on some of the improvements. She then stated that, from a philosophical
standpoint,
she feels that the City should assume responsibility for maintenance
of the improvements once
they have been installed.
. Commissioner
Stiff commended the neighborhood for pursuing this alternative for
improving the park. He then stated he feels the City should absorb the
costs of maintenance
of the park.
Mayor
Vincent stated his support for creation of the special improvement district. He
feels that the neighborhood needs a park noting that, even though the
main emphasis of a park
is on kids, it is a place for everyone.
He noted that a park contributes toward a sense of
community. He feels that through the use of neighborhood volunteer efforts,
the costs of the
project could be reduced; and he encouraged staff to identify those items
that can be
accomplished by the neighborhood.
He then forwarded his concerns about the proposed
maintenance district, stating his preference for including the maintenance
costs in the City's
budget.
. Neighborhood
Coordinator Goehrung noted the importance of ensuring that the grass,
shrubs and trees have adequate water and care the first couple of years.
He then noted that
the area designated for a skating rink serves to essentially double the
costs of the park,
particularly since that would create a year round situation for the park.
He suggested that if
a maintenance district is not created, that element may need to be eliminated.
Responding
to Mayor Vincent, the City Manager stated he anticipates that any
maintenance costs for the park would be minimal during the upcoming fiscal
year because it
will not require any maintenance until next spring.
City
Manager Wysocki then entered into the record a telephone call in opposition to
the proposed special improvement districts from Mr. Alan Eck, 407 North
Yellowstone Avenue.
. It was
moved by Commissioner Stiff, seconded by Commissioner Stueck, that the
Commission authorize and direct staff to bring back a resolution of creation for Special
Improvement District No. 660. 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.
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Continued Dublic hearina - Commission Resolution No. 2978 - intent to create SDecial
Improvement Maintenance District No. 661 - maintenance of Vallev Unit Park
This was the time and place set for the continued public hearing on Commission
Resolution No. 2978 as approved by the City Attorney, entitled:
COMMISSION RESOLUTION NO. 2978
. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF
BOZEMAN
TO CREATE AN
EXTENDED SPECIAL IMPROVEMENT
MAINTENANCE DISTRICT NO. 661 FOR PURPOSES OF MAINTAINING,
PRESERVING AND CARING FOR THE IMPROVEMENTS TO V ALLEY UNIT
PARK TO THE CITY OF BOZEMAN, MONTANA.
Mayor Vincent reopened the continued public hearing.
City Attorney Luwe noted that, since this public hearing pertains to
maintenance of
the improvements which would be installed under the special improvement district considered
in the previous public hearing, the testimony received in the above agenda item can also be
considered a part of the record for this public hearing.
The Mayor stated his interest in creating this maintenance district,
to ensure that the
monies for maintenance of the improvements in this park are available. He noted that, at the
. same time, he concurs with Commissioner Youngman's philosophy that the City should
maintain the parks.
Neighborhood Coordinator/Grantsperson James Goehrung noted that seeding
will
probably not occur until next spring, which postpones any assessment for maintenance for one
year. He then forwarded his concern that if the special improvement
district created in the
above agenda item is successful, it is possible that other neighborhoods will seek similar special
improvement districts for parks. He cautioned that if that occurs, the combination of additional
parks could create a strain on the City's general fund for maintenance of those parks if special
improvement maintenance districts are not created.
City Attorney Luwe responded to several questions from the Commissioners
regarding
the creation of a special improvement maintenance district and the subsequent assessments
. for such a district. He noted that the assessments must be levied on an annual basis, noting
that the Commission can choose to eliminate the district at any time in the future.
Responding to Mayor Vincent, Neighborhood Coordinator Goehrung stated
the
estimated cost of maintaining the park is $14,000.
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Since there was no Commissioner objections, Mayor Vincent closed the
public
hearing.
Commissioner Stueck reiterated his position that the City should absorb
the costs of
maintenance.
. Commissioner Frost stated his preference for creating this maintenance
district,
particularly since the City would be splitting the costs of maintenance with the residents of the
area. He expressed concern about the potential of the maintenance of this park being "short
changed" because it is not currently in the City's budget. He noted that since the assessments
must be set annually, this gives the Commission an opportunity to review this district and
determine whether it wishes to make any assessments for the year.
Commissioner Youngman stated she would prefer to have a maintenance district
in
place for at least the first year, to ensure that adequate funding is available to maintain this
new park. She suggested that will allow the City an adequate
opportunity to build the
maintenance of this park into its budget for the following year.
Commissioner Stiff stated he believes it is in the best interests of
the community for
. the City to absorb the costs of maintenance. He noted that the impacts on this year's budget
will be minimal; and the costs can then be included in next year's budget without substantial
difficulty.
Mayor Vincent stated that, while he understands the reasons underlying
the proposal
for this special improvement maintenance district, he does not feel it is appropriate to create
the district. He stated that if the district could include a provision for sunsetting in one or two
years, he would be more willing to consider it; however, he cannot support the creation of a
district that would not have a definite end in the near future. He then stated his preference for
incorporating the maintenance of this new park into the City's budget, along with all of the
other parks in the community.
It was moved by Commissioner Stueck, seconded by Commissioner Frost,
that Special
. Improvement Maintenance District No. 661 not be created. 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.
The Commission then asked that staff identify and implement methods of
reducing
the costs of improving this park as much as possible.
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Continued discussion - settina of time and Dlace for town meeting re
housina task force
recommendations
Included in the Commissioners' packets was a new listing of recommendations
forwarded by the Bozeman Area Housing Task Force, as revised by Neighborhood
Coordinator/
Grantsperson Goehrung following last week's meeting.
. Mayor Vincent proposed that the town meeting be set for 7:00 p.m. on
Monday,
August 8, in the Choral Room of the Bozeman Senior High School.
He stated that he has
talked to Mr. Lou Gappmayer, Principal at the High School; and he has
indicated the room will
be available on that date. He then noted that the Cafeteria will also
be available, if it becomes
evident that the Choral Room is too small to accommodate everyone in
attendance. The Mayor
stated that if the agenda for the afternoon session is relatively light,
the meeting should be
adjourned by 5:30 p.m., allowing time to prepare for the town meeting
at 7:00 p.m.
The Commission concurred with the Mayor's proposal.
Commissioner Stiff noted that after a review of the task force recommendations
and
the minutes from the Commission meeting at which they were discussed,
he is concerned
about placing those complex issues and recommendations before the public
for comment. He
. noted that the Commission is ultimately responsible for the decisions; and he feels that they
should make those decisions based on the recommendations forwarded by
the housing task
force and the public input which they represent.
Mayor Vincent suggested that if the town meeting is properly structured,
he feels that
the input could be valuable in the Commission's decision-making process.
He then suggested
that if the Commissioners have any specific topics upon which they would
like public input,
those items could be enumerated during the initial comments in the meeting.
Responding to questions from Commissioner Youngman, Neighborhood Coordinator/
Grantsperson Goehrung stated that copies of the housing task force recommendations
will be
distributed to the County Commissioners tomorrow, at which time he will
also invite them to
. attend the town meeting on August 8. He noted that a limited number
of copies will be
available for review at various City offices.
He stated that he will send invitations to the
housing task force members, encouraging them to attend the town meeting.
The Neighborhood Coordinator stated the monies are still available in
the task force
budget. He asked if for authorization to send the housing task force
recommendations out for
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printing,
since the document is lengthy, and asked how many copies should be printed. The
Commissioners
agreed that the document should be sent out for printing, and that 100 copies
would
be adequate.
Commissioner
Stiff recognized Neighborhood Coordinator Goehrung's efforts in
. compiling the information on the housing task force recommendations.
Finalization
of funding sources to imDlement transDortation Dlan croiects. i.a.. bond issue
City
Manager Wysocki reminded the Commissioners that a decision is needed fairly
soon
if they wish to place a general obligation bond issue on the ballot in November. He
further
noted that if the Commission wishes to pursue that funding option, the list of projects
to be
funded must be developed. He then noted that another copy of the list of projects which
was
distributed during the town meeting has been submitted to the Commissioners. He
reminded
the Commission that the issue of seeking a legislative change that allows cities to
seek
a local option gas tax independent of the County Commission is one which the City will
pursue
during the upcoming legislative session.
. Commissioner Stiff stated that, after discussing the
issue of local option gas tax with
some
of the County Commissioners, he does not believe there is any support for placing that
item
on the ballot. He feels it is imperative to seek authority for the City Commission to do so,
to provide
a funding mechanism through which the city streets could be adequately maintained
and
upgraded. He also feels that implementation of an impact fee is imperative; and he feels
that
should be in place before the election on the bond issue. He noted the general community
feeling
is that a developer should bear a significant portion of the transportation system costs,
particularly
in light of the impacts which development places on the existing road system.
Commissioner
Stueck stated concurrence with the comments forwarded by City
Manager
Wysocki and Commissioner Stiff.
Commissioner
Frost stated his concurrence as well, stating he feels it is important to
. submit the general obligation bond issue to the electorate. He noted that if the public wants
the
improvements then the bond issue will probably be approved. He stated he does not
anticipate
that the local option gas tax issue will fly, particularly in light of a recent joint
meeting
of the boards for the Montana League of Cities and Towns and the Montana
Association
of Counties. He noted that if a legislative change is successful, then a local option
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gas tax might be possible within the next year or so.
He further stated that he does not
anticipate the impact fees will be in place before the election occurs.
He noted his willingness
to proceed with the bond issue, recognizing that the other two funding
options might become
a reality at some time in the future.
. Commissioner
Youngman stated she feels the Commission should proceed with the
general obligation bond issue this fall, and should continue to explore
other options for funding
as well.
She noted the importance of implementing impact fees as quickly as possible and
seeking legislative changes to allow cities to seek local option gas
taxes.
Mayor
Vincent stated his concurrence with the other Commissioners. He stated that,
while he would like to see the impact fees in place, he recognizes that
is not possible with the
existing timeframe. H
e suggested, however, that if the Commission is considering a firm
proposal for impact fees, that might be acceptable to the public.
The
Mayor stated that he has talked to the City Manager several times about the local
option gas tax and local option sales taxes that could be forwarded to
the electorate by a
municipality. He suggested that the upcoming legislative session may
be a good time to pursue
. those issues; and he is willing to lobby the Legislators on those issues.
Mayor
Vincent noted the City Manager had previously suggested that if the bond
issue is approved and if a local option sales tax or other non-property
tax revenue source
become available, a portion of those monies could be used to reduce the
burden of repaying
the general obligation bonds.
Mayor
Vincent suggested that the Commission should also consider whether it wishes
to place this issue before the electorate at the November general election
or whether a mail
ballot might be more preferable.
At the
Mayor's request, City Manager Wysocki reviewed the City's bonding capacity.
He stated the City has a maximum available bonding capacity of $7 million,
and asked that the
. Commission leave a buffer of $2 to $3 million between the bond issue
for transportation
projects and the limit for other items which may need funding, such as a new fire station,
renovation of the Carnegie Building, parking or possibly housing.
Planning
Director Andy Epple stated that a proposal for a transportation impact fee
program will be forwarded to the Planning Board next Tuesday evening.
He noted that he has
spent time with a work study person over the past nine months in the
development of this
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proposal, in an effort to develop a program that will work in Bozeman. He stated the proposal
contains a simple, defensible impact fee structure. He indicated that after the City-County
Planning Board has endorsed the proposal, it will then be submitted to the City Commission and
the County Commission for public hearings and decisions.
. The Planning Director stated that this impact fee program is designed for Bozeman
and the 4Y:z-mile jurisdictional area. He noted that under the proposal, staff is suggesting that
one-half of the impact fee be assessed at subdivision and the other half be assessed at the time
the building permit is drawn. He suggested that this split should address the issues raised
when the entire fee is assessed at one point or the other. He stated that the figures for the
impact fees seem slightly high; and the Commission must determine, by policy, the appropriate
percentage of the fee to be assessed.
Responding to Mayor Vincent, the Planning Director projected that the proposed
impact fee program will be submitted to the Commission in early to mid-August. He noted that
first, the Planning Board must consider the proposal and conduct its public hearing on the issue,
and then prepare its recommendation to be forwarded to the City Commission and the County
. Commission. He stated that the public hearings before the Commissions will probably be set
for early September, with the impact fees to be finalized by mid-September. He recognized that
this schedule is optimistic, noting that in reality, the decision will probably be made in early
October.
Further responding to Mayor Vincent, the Planning Director stated that if the County
Commission decides not to implement the proposed impact fees in the jurisdictional area, they
will be assessed within the city limits only. He noted that this would impact the effectiveness
of the program. He stated that he has worked with the County Road Superintendent in
developing the proposal; and the County staff seems to be interested in and generally
supportive of the proposal. He cautioned that one negative factor is the fact that the County
is embarking on a county-wide impact fee proposal; and they are concerned that this impact
. fee program will not coordinate with or use the same method as the county-wide program.
Mayor Vincent noted that one critical issue is the impact on Bozeman's infrastructure
by people who live outside city limits because they do not bear their share of the costs, thus
placing all of the burden on city residents.
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Responding
to Commissioner Stiff, Planning Director Epple stated he feels it would
be possible to collect the entire impact fee on lots which have been
created but not built on
when the program is first implemented.
He suggested that this could be accomplished by
distinguishing between subdivision plats recorded before a certain date
from those which were
. filed after a certain date.
Further
responding to Commissioner Stiff, the Planning Director stated he does not
feel it is a problem to implement impact fees for transportation before
impact fees for water
and sewer are established.
City
Attorney Luwe stated it is more defensible to have separate impact fees on each
of the impacts. He cautioned the Commission that combining impact fees
can lead to problems
in separating them and makes them more difficult to defend.
Commissioner
Stiff noted that Commissioner Stueck has provided the other
Commissioners with some good reading material on impact fees. He recognized
the importance
of not charging people twice for the same thing, cautioning that care
must be taken to avoid
that possibility.
. Mayor
Vincent asked the Commissioners to state the amount of the bond issue that
they would prefer, along with any ideas about projects that should be
removed from the list.
Commissioner
Stueck stated his preference for a $4 million bond issue. He suggested
that an SID/RID for West Babcock could help to recover some of the monies
expended from
the bond issue. He then questioned whether the McAdow/Front Street loop
is really necessary
or whether the loop should be constructed as development occurs. He also
proposed that
some of the monies set aside for design of South 19th Avenue be added
to the South Third
Avenue project, and that the project be extended to the south side of
the new middle school
site.
He noted that any monies contributed by the School District could be added to the
amount available for this project. He stated that West Babcock Street
and South Third Avenue
are his top priorities.
. Commissioner
Frost stated his preference for a $3 million bond issue, with $200,000
of that being used for acquisition of right-of-way. He suggested that
South 15th Avenue could
be removed, with those monies being added to the Durston project, and
that project expanded
to include more than just the intersections. He noted that, while he
supports widening and the
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addition of bike lanes to South Third Avenue between Kagy and Graf, he
does not support
widening of the street from Graf Street south to the new middle school
site.
Commissioner
Youngman stated her preference for a $3 to $4 million bond issue, with
$3.6 or $3.7 million being her choice.
She then stated support for adding bike lanes along
. South Third Avenue from Kagy Boulevard to the new middle school site. She feels that the
extension of 15th Avenue to West Babcock Street is optional; and she
supports the proposal
to use those monies for Durston Road instead. She suggested that, rather
than constructing
improvements to the intersection of South 8th Avenue and West College
Street, the removal
of parking close to that intersection may accomplish essentially the
same thing. She proposed
the elimination of the extensions of South 7th Avenue and South 15th
Avenue between West
Main Street and West Babcock Street to reach the desired bond amount.
Commissioner
Stiff stated his preference for a $5.2 million bond issue. He supports
the proposed extension of South 7th Avenue from West Main Street to West
Babcock Street,
noting he feels that will remedy one of the major transportation problems
in the community.
He stated he is hesitant to suggest the elimination of any of the projects
which have been
. listed.
Mayor
Vincent stated his preference for a $4 million bond issue, because he is not
comfortable with just a $2 million buffer between this bond issue and
the City's bonding
capacity. He recognized that the North 7th Avenue/West Main Street intersection
is not a good
one. He stated
his concern that extension of South 15th Avenue to West Babcock Street
would also create a need to improve the intersections of West Babcock
Street with South 11 th
Avenue and South 8th Avenue; and those items have not been included in
the list of projects.
He stated that if those intersections are not improved, the result will
be people driving along
neighborhood streets rather than using collectors and arterials that
are not satisfactory. He
stated his support for widening of South 3rd Avenue, although he feels
it is important to first
identify what improvements take precedence.
. At the
City Manager's request, Director of Public Service Forbes addressed the
Commission regarding the list of projects.
He stated that as the Commission gets closer to
developing a final list of projects, he is going back through the estimates
in the transportation
plan to ensure there are adequate monies to fund the projects selected.
He stated the Front
Street extension from North Rouse Avenue to McAdow Avenue is to be constructed
within
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existing right-of-way. He expressed concern, however, that the figure contained
in the
transportation plan for this project is not sufficient, since a bridge across Bozeman Creek must
be included. He stated that this segment of road, when combined with the extension of Oak
Street from North 7th Avenue to North Rouse Avenue and the extension of Front Street
. through the proposed Cupalo Park project, should create a good loop that serves the
community well.
The Director of Public Service stated that two design only projects have been included
in the listing. He noted that if the designs are completed and on the shelf, when State monies
become available on a short timeframe, the City can then take advantage of that funding source
to improve some of the streets. He recognized that there may be
some concern about
expending bond monies in this manner; however, he feels it could be of benefit in the future.
The Director of Public Service then stated that the South Third Avenue project is to
include two 12-foot driving lanes and 4-foot shoulders, with no curb, gutter or sidewalks. He
stated this would be constructed as a shared facility. He stated that the extension of South
15th Avenue to West Babcock Street is anticipated to remove some of the traffic load from
. West Babcock Street rather than adding to it. He also noted a proposal to install a median on
South 19th Avenue, which would limit access onto West Babcock Street; and that should also
alleviate some of that traffic load. He stated that the intersection improvements for South 8th
Avenue and West College Street are estimated to cost $15,000; and he feels those
improvements would be beneficial. He noted that parking is
currently being eliminated on
South 8th Avenue, which is one of the transportation system management projects in the
transportation plan.
City Manager Wysocki stated his support for acquisition of rights-of-way, particularly
around the perimeter of the city. He then suggested that, while designing the intersection of
North Rouse Avenue and East Peach Street would be a good project to have on the shelf, he
is not sure that the project should be constructed immediately. He
stated that with the
. installation of a traffic signal at the intersection of North 7th Avenue and West Tamarack
Street, that will hopefully become the preferred route, thus drawing traffic away from the
residential area.
Mayor Vincent noted that there are still several questions which must be resolved
prior to taking action on placing this question on the ballot.
He then requested that a work
07-11-94
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session be set to discuss this issue further, including the setting
of the amount of the bond
issue, the projects to be funded, and whether the question is to be
posed on the November
ballot or via a mail ballot.
. Discussion - FYI Items
City Manager Wysocki presented to the Commission the following "For
Your
Information" items.
(1 )
Letter from the office of the Legislative Auditor, dated July 6, announcing
the establishment of the Legislative Auditor's Hotline.
(2)
Copy of a memo from Director of Public Service Forbes to Clerk of the
Commission Sullivan, dated July 1, suggesting that bi~weekly Commission
meetings or two
meetings per month would allow for preparation of better support information
for meetings.
The City Manager noted that, while he did not ask the Director of Public
Service to
write this memo, he does concur.
(3)
Letter from the Montana Department of Transportation, dated July 6, stating
. that the June 15 letter inadvertently listed the wrong project to be
named in honor of Kenneth
E. Erhardt.
The letter indicates that, rather than the North 19th Avenue interchange, the
request is to name the North 7th Avenue railroad overpass as a memorial,
another project for
which he served as project engineer.
(4)
Letter to the Bicycle Advisory Board from Karen Sanchez, 434 North 5th
Avenue, dated July 7, regarding bicycle lanes.
(5 )
Notice of Special City Commission Meeting for 2:30 p.m. on Tuesday, July
12, in the Commission Room, for the first work session to review the
budget recommendations.
(6)
Notice of Special City Commission Meeting for 2:30 p.m. on Friday July 15,
in the Commission Room, for the second work session to review the budget
recommendations.
(7)
Agenda for the Development Review Committee meeting to be held at 10:00
. a.m. on Tuesday,
July 12, at the Carnegie Building.
(8)
Agenda for the Design Review Board meeting to be held at 3:30 p.m. on
Tuesday, July 12, at the Carnegie Building.
(9)
Agenda for the Board of Adjustment meeting to be held at 1 :30 p.m. on
Thursday, July 14, in the Commission Room.
07-11-94
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(10) Agenda for the County Commission meeting to be held at 1 :30 p.m. on
Tuesday, July 12, at the Courthouse, along with daily minutes for the week of June 27.
(11) Agenda for the Chamber of Commerce Government Affairs Committee
meeting to be held at 7:30 a.m. on Thursday, July 14, at the Chamber Office.
. (12) The City Manager submitted his weekly report, as follows. ( t) Reminded
the Commission of the budget work sessions which have been scheduled, noting that copies
of his budget recommendations were distributed to the Commissioners just prior to the
meeting. He suggested that the Commissioners review the transmittal letter and the summary
sheets in preparation for tomorrow's work session. (2) Stated that a plan-in-hand meeting
regarding the West Babcock Street/West Main Street intersection was held last week; and an
initial meeting with one of the major property owners in that area was held. He stated that it
is hoped the City will be ready to undertake this project when the State begins its Bozeman to
Four Corners project. (3) Announced that plans are nearing completion for the South 19th
Avenue/West College Street traffic signal. (4) Stated that plans are nearing completion for
improvements to Highland Boulevard between Holly Drive and Kagy Boulevard. (5) Noted the
. wind damage to trees over the weekend, stating the crews are busy cleaning up the mess
today.
(13) The City Manager distributed to the Commission copies of the letter
submitted by Police Chief Dick Boyer, announcing his retirement effective July 31, noting that
he received the letter this afternoon. He noted that the Chief has been employed by the City
for the past 25 years, with the last four years being in the Chief's position; and, on the whole,
has served the City well.
(14) Commissioner Stueck submitted the following. (1) Gave a farewell to the
International Order of Foresters on Friday evening, thanking them for their work on the trail.
(2) Announced that he has received authorization from the Corps of Engineers to proceed with
work on the parkland along the north side of West Oak Street. He noted that Pioneer Ready
. Mix is working on the storm drainage system for the new North 19th Avenue; and they will
soon be dumping dirt in the parkland.
(15) Commissioner Youngman reminded the Commissioners of the cable
television franchising meeting scheduled for 7:00 p.m. tomorrow night at the Library.
07-11-94
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( 16) City Attorney Luwe submitted the following.
(1) Stated his wife drove
through South Third Avenue just after the tree blew down.
He then noted that one of the
cases he handled in Billings involved a vehicle that was crushed by a falling tree, with two
people inside. He then emphasized the fact that, while that type of
accident can occur,
. Bozeman has been spared such occurrences in the last two wind storms. (2) Stated that Mr.
Yankowski has filed an appeal of his conviction in City Court to District Court, which means
he will have a new trial.
( 17) Clerk of the Commission Sullivan reviewed the agenda for next
week's
meeting, noting that while the afternoon agenda is relatively light, the evening session contains
several public hearings.
( 18) Ms. Daria Joyner, Executive Director of the Bozeman Area Chamber
of
Commerce, stated that during his term as Mayor, former Mayor Tim Swanson took straw votes
on the issue of bonding for transportation system improvements. She stated that each time
he did so, she witnessed that a vast majority of the people indicated support for as large a
bond issue as possible, and further indicated that they were not interested in a piecemeal
. approach under which they would be asked repeatedly to support more funding.
She also
noted that they were interested in seeing the City build roads for the future, rather than running
25 years behind in constructing roads.
Commissioner Stueck noted that several of those in attendance at the IOF 120th
anniversary celebration commented on the amount of traffic moving around Bozeman,
particularly since MSU is not in session.
(19) Mayor Vincent stated he will be attending a funeral at 6:00 p.m. and
may
not be back at the beginning of the 7:00 p.m. session. He then asked Commissioner Stueck
to Chair the meeting until he returns.
(20) Mayor Vincent stated he has discussed the possibility of formal Commission
meetings every other week. He then forwarded the following suggestion for Commission
. consideration: Week 1 - Commission meeting in afternoon; Week 2 - work session in afternoon
with public hearings in evening; Week 3 - Commission meeting in afternoon; Week 4 - work
session in afternoon with public hearings in evening. He also stated his interest in changing
the Commission meeting time to 3:00 p.m. on a permanent basis, noting that the extra half
hour allows the Commission to finish its afternoon session prior to the break between sessions.
07-11-94
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Consent Items
City Manager Wysocki presented to the Commission the following Consent
Items.
Reauest for Dermission to conduct 1994 Sweet Pea Runs - Saturday.
Auaust 6. 7:30 to 9:30 a.m. - Highland Boulevard. Hollv Drive.
Cherry Drive. Highland Boulevard. Kaay Boulevard. South 11th.
West Cleveland. South Wilson. Babcock Street. South Church.
. East Main to Lindlev Park
Recommendation from Recreation and Parks Advisory Board re reauest to
combine Darkland dedications in Westridge Subdivision and name
the Dark "Westridae Park"
Commission Resolution No. 2987 - intent to create SDeciallmDrovement
District No. 663 - Davina and storm drainage - West Oak Street
west of North 19th Avenue: set Dublic hearina for August 1.
1994
COMMISSION RESOLUTION NO. 2987
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF
BOZEMAN TO CREATE AN EXTENDED SPECIAL IMPROVEMENT DISTRICT
NO. 663 FOR STREET IMPROVEMENTS FOR THE ENGINEERING DESIGN,
CONSTRUCTION, INSPECTION AND ENGINEERING CERTIFICATION OF
ASPHALT CEMENT PAVING, GRAVEL BASE COURSES AND SUBGRADE
PREPARATION. CURB, GUTTER AND SIDEWALKS, STORM DRAINAGE
AND ALL NECESSARY APPURTENANCES TO CONSTRUCT A 1,642-FOOT
. PORTION OF WEST OAK STREET, FROM THE WEST EDGE OF NORTH
19TH AVENUE WEST, IN THE CITY OF BOZEMAN, MONTANA.
Acknowledge receiDt of Citv Manaaer's Recommendations for the budget
for Fiscal Year 1994-1995
Authorize eXDenditure of $5.300.98 as Dartial reimbursement for costs
billed by the State of Montana Decartment of Health and
Environmental Sciences for the Bozeman Solvent Site
Authorize City Manaaer to sign - Technical Assistance Agreement with
Business Services. Inc.. White SulDhur SDrinas. Montana -
preDaration of environmental assessment for Bozeman Interfaith
Housing affordable rental housing Droiect
Authorize Mayor to sian - Findings of Fact and Order - apcroval of
creliminarv Dlat for Courtvard Cottages Subdivision (37.781 acres
located alan a the east side of Ferguson Avenue between West
Babcock Street and Durston Road)
Appointment of Commissioner Younaman and Commissioner Stiff to
subcommittee to review Pledged Securities as of June 30. 1994
. It was moved by Commissioner Frost, seconded by Commissioner Youngman,
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 Frost, Commissioner Youngman,
Commissioner
Stiff, Commissioner Stueck and Mayor Vincent; those voting No, none.
07-11-94
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Recess - 5:40 D.m.
Mayor Vincent declared a recess at 5:40 p.m., to reconvene at 7:00 p.m., for the
purpose of conducting the scheduled public hearings.
. Reconvene -7:00 p.m.
Mayor Pro Tempore Stueck reconvened the meeting at 7:00 p.m., for the purpose of
conducting the scheduled public hearings.
Continued Dublic hearings - P.C. DeveloDment. Inc. - (a) CUP for PUD - allow a nine-lot
business/commercial development (Z-9458); and (b) Dreliminarv Dlat for Valley Commons
Business Park subdivision PUD to create nine lots with a Drivate street (P-9424) on 15.2 acres
located in the SE% and the SW% of the SE%. Section 10. T2S. R5E. MPM (northeast corner
of Ferguson Avenue and US 191)
This was the time and place set for the continued public hearings on applications
forwarded by P.C. Development, Inc., for development of 15.2 acres located in the Southeast
one-quarter and the Southwest one-quarter of the Southeast one-quarter of Section 10,
Township 2 South, Range 5 East, Montana Principal Meridian as follows: (a) for a Conditional
. Use Permit for a Planned Unit Development, under Application No Z-9453, to allow a nine-lot
business/commercial development; and (b) for a preliminary plat Planned Unit Development for
Valley Commons Business Park, under Application No. P-9424 to create nine lots with private
street. The subject property is more commonly located at the northeast corner of Ferguson
Avenue and US 191.
Mayor Pro Tempore Stueck reopened the continued public hearing.
Assistant Planning Director Arkell provided a brief overview of the staff report she had
presented at last week's meeting. She reminded the Commission that this application
is for
both a zoning Planned Unit Development and a subdivision Planned Unit Development, to allow
a nine-lot business/commercial development on what was originally platted as Lots 4A, 5A and
6A, Block 1, Valley Unit Subdivision, Phase I. The property is zoned BP, Business Park; and
e the proposed development would be accessed by a private street, built to near City standards
in a 50-foot-wide right-of-way. The development would be serviced by City water and sewer
services.
The Assistant Planning Director stated that under this application, the subject property
will be divided into nine lots which contain 1 + acre. While this subdivision does not seem to
07-11-94
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be of concern to the residents, the traffic impacts and public use of the out-of-district uses
proposed does have many of the area residents concerned.
She then reminded the
Commissioners of the use list contained in the applicant's proposal, including many commercial
activities in addition to those allowed in the BP zoning district.
. The Assistant Planning Director further reminded the Commission that the Planning
Board conducted its public hearing on June 21, after which it recommended approval subject
to 27 conditions.
Mr. Mike Potter, applicant, noted that the subject 15 + acres was a part of the
original Valley Unit Subdivision approximately fifteen years ago.
At that time, the 20 acres
located immediately adjacent to U.S. Highway 191 was divided into four parcels ranging from
three to seven acres in size and was zoned T-R, Technology Research. Under the new zone
code, the zoning district designations have been slightly revised; and the property is now zoned
BP, Business Park.
Mr. Potter noted that the USDA has recently constructed its office complex on Lot
3A, which is approximately four acres in size. He stated that while
this is the type of use
. which was contemplated in the BP zoning district, it is not often that four acres is needed. He
stated that he has had substantial interest in the property; however, most of those inquiries
have been for smaller parcels, ranging in the one-acre size.
He noted that this application
would provide for the smaller parcels that are desired.
Mr. Potter showed the Commission a diagram of the street grid system which was
originally planned for the Valley Unit Subdivision, noting that with the development which has
been occurring, the main street grid is rapidly becoming a reality.
Mr. Potter stated that staff has done a thorough job of reviewing this application in
light of the objectives and criteria for review of planned unit developments as well as the
criteria for subdivision review; and the conditions which they have proposed are objective and
workable. He also indicated that he has carefully listened to the concerns of the area residents
. during this review process.
Mr. Mike Potter stated that under this application, ingress and egress will be limited
to Valley Commons Drive, which extends from Ferguson Avenue to Yellowstone Avenue, and
one access from Valley Commons Drive to Fallon Street. Also, Lot 1 will have a direct access
onto Ferguson Avenue, to provide on-site circulation for the anticipated convenience store. No
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access will be allowed onto U.S. Highway 191. Mr. Potter stated that a total of 8.1 acres is
to be set aside in open space and landscaped areas, which is slightly over 50 percent of the
entire site. A pedestrian way is to be constructed along the frontage of the property, which
will then connect to a pedestrian way in front of the USDA building and further east to the end
. of the sidewalk.
Mr. Potter stated that lighter uses are proposed along the north side of Valley
Commons Drive, to provide a buffer between the residential development to the north and the
higher intensity uses proposed along U.S. Highway 191. He noted that the development is to
occur in a campus type setting, providing an attractive project that complements the entryway
to the community. He stated that, since no access to this development is to be provided from
U.S. Highway 191, he does not believe that it can be construed as a strip development. He
then noted that all sides of the structures are to appear as the front of the building, which will
further enhance the area.
Mr. Potter then distributed to the Commissioners a copy of the revised list of
allowable uses on each of the lots within this planned unit development. He carefully reviewed
. that list of uses, stating he feels they are compatible with the residential neighborhood to the
north. He then highlighted the changes which have been made from the list submitted in the
application. He characterized this as a unique opportunity to provide a development along the
west entryway to the community with a mixture of uses that can be made compatible through
the attendant development guidelines.
Mr. Rick Kerin, engineering consultant, reviewed his experiences with developments
in Valley Unit Subdivision, dating back to the beginning of that subdivision in the late 1970's.
He then reminded the Commission that the three lots which have already been platted can be
developed as they are, in allowable BP uses; and those lots would access Fallon Street directly.
Mr. Kerin stated that from a traffic impact perspective, the proposed planned unit
development will generate essentially the same amount as development of the existing lots.
. He suggested, however, that the traffic patterns from the proposed planned unit development
would have less impact on the neighborhood because it would be generally routed along
Ferguson Road to U.S. Highway 191. He then reviewed the major street grid
system which
was designed to serve Valley Unit Subdivision during its original conception, noting that system
is nearing completion.
07-11-94
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Mr. Kerin stated that sanitary sewer lines and water lines have been stubbed to the
edge of the subject lots. Storm sewer has been provided to the site, except for a small portion
of the western edge of the site, which must be serviced by on-site detention facilities. Valley
Commons Drive is to be constructed to a width of 34 feet from back-of-curb to back-of-curb,
. with no on-street parking to be allowed. P.C. Development is interested in seeing a traffic light
installed at the intersection of U.S. Highway 191 and Ferguson Avenue and plans on pursuing
that issue, even though representatives from the Department of Transportation have indicated
that warrants are not yet met.
Mr. Kerin stated that he reviewed the traffic analysis zones contained in the
transportation plan update; and he stated that the projected volumes from this project are very
comparable to the residential type traffic generated from other zones in the Valley Unit
Subdivision. He also noted that adequate off-street parking is to be provided on each of the
lots in this development. He then reminded the Commission that traffic issues were addressed
when the original four phases of the Valley Unit Subdivision were approved in the early 1980's.
Commissioner Stiff noted that the traffic projections for this development are
. comparable to 687 houses.
Mr. Kerin responded that those numbers were generated after conducting traffic
counts at three restaurants, two motels and the Kagy Corner complex, taking into account the
square footage of floor area involved. He then emphasized the importance of recognizing that
these traffic projections are not for peak a.m. and p.m. traffic periods, but understanding that
much of the traffic using this development will be during off hours.
Responding to Commissioner Youngman, Mr. Potter stated that low-key street lights
are anticipated in and around the perimeter of the development.
Mayor Vincent arrived at 7:50 p.m.
Mr. Mike Potter re-emphasized the fact that the transportation grid for Valley Unit
Subdivision is beginning to develop. He then suggested it would be beneficial
to pursue
. coordinated traffic signals at the intersections of U.S. 191 with Fowler Avenue and Ferguson
Avenue, noting that would address many of the traffic problems currently encountered.
Mr. Potter then turned his attention to the architectural theme for this development.
He noted it is very simple and clean, and is based on traditional farm structures. He showed
the Commission a sketch of the general concepts for some of the buildings, pointing out the
07-11-94
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clean lines and shed-type roofs. He suggested that this style of
building, in conjunction with
a good landscaping plan and strong development guidelines would complement the area.
Mr. Potter stated that Kagy Corner proves that a commercial development
can co-
exist with residential properties, and be aesthetically compatible. He then stated that he feels
. the Valley Commons Planned Unit Development would also be compatible with residential
development, given the way it is structured. He reiterated his willingness to participate in the
costs of installing a traffic signal at the intersection of U.S. Highway 191 and Ferguson
Avenue, and to assist in lobbying the Montana Department of Transportation for the installation
of that light.
Responding to Commissioner Stueck, Mr. Potter estimated a five to eight-year
build
out for this proposed development.
Further responding to Commissioner Stueck, Mr. Potter stated it takes
time and
additional traffic, as well as meeting warrants, to convince the Montana Department of
Transportation that a traffic signal is needed. He then estimated that it will take the rest of this
year and part of next year to get the site ready for construction, including the installation of the
. street, curbs and gutters.
Responding to Commissioner Youngman, Mr. Potter stated he does not
envision any
24-hour uses along the south side of this project. He noted,
instead, that any restaurants
would probably be the more traditional type.
Commissioner Youngman noted that the covenants, as written, do not
prohibit a 24-
hour use.
Responding to Commissioner Stiff, Mr. Potter acknowledged that there
is a possibility
of four restaurants being located in this development.
Responding to Commissioner Youngman, Mr. Potter suggested that vertical
items,
such as buildings and trees, serve as a good noise buffer. He also noted the fact that there are
800 feet between the highway and the edge of the first possible residential development.
. Commissioner Stiff stated he remains extremely concerned about the
traffic issues.
He recognizes that it may be necessary to move some of the traffic from this development
along West Babcock Street and Durston Road; and those two roadways already experience a
substantial amount of trouble. He then encouraged the developer to be open to assisting the
City in addressing these roadways as well.
07-11-94
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-
Mr. Potter stated that the transportation system models suggested that
a majority of
the traffic will use Ferguson Avenue.
He recognized that, to some extent, traffic from this
development may impact West Babcock Street and Durston Road; however,
he feels those will
be minimal.
. Mayor Vincent expressed concern about the length of time it takes to
get a traffic
signal installed, citing the signal at the Main Mall as an example.
He then noted the State has
a prioritization list for the installation of signals; and it is important
to get on that list quickly
and move up through the process.
He encouraged Mr. Potter not to "take anything for
granted" .
Mayor Vincent noted the most logical route for traffic
moving toward this
development from the north side of town is North 7th Avenue and Durston
Road. He stated
that from Durston, there are three roads which would lead to Valley
Commons, the last one of
which is Ferguson Road; and many of those vehicles will probably access
the development via
neighborhood streets instead of traveling to Ferguson Road.
Commissioner Frost suggested that the conditions for approval be revised
to require
. that the street lights along Valley Commons Drive be installed at the same time as the
boulevard landscaping and sidewalks. Assistant Planning Director Arkell
concurred.
Mr. Harvey Gunter, 3709 Fallon Street, stated he is a disabled combat
veteran and,
because of this, was denied access to the first two meetings since
they were held at the
Carnegie building. Also, he was denied access to the City-County Planning
Board meeting. He
stated that, on that basis, the City-County Planning Office is in violation
of the State open
meeting law and the federal ADA requirements.
Mr. Gunter then stated he was unable to find disabled living quarters
in Bozeman, so
he built his own; and he has purchased other lots in Valley Unit Subdivision
with the intention
of building more affordable homes for the handicapped and the elderly.
He stated that, had he
e known that this BP zoned property might develop as retail, he would
not have purchased these
lots; and if this development is approved, he will construct no more homes in this location.
Mr. Gunter stated this type of development will lead to deterioration
of the
surrounding residential values. He then submitted to the Commission
a bag of garbage he has
gathered because of the new USDA building. He also complained that
the employees at that
complex park on Fallon Street, in front of his house, instead of parking
in the paved parking lot
07-11-94
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which is available to them. He then encouraged the Commission to protect
the desirable way
of life that exists in Valley Unit Subdivision by denying this application.
Ms. Kim Newberg, 306 East Granite Street, submitted to the Commission
a petition
of opposition signed by 13 of her neighbors.
She then stated the real issue is that this
. proposed development, while it may look nice, will impact the residents in the area. She feels
that the requirements for approval of a planned unit development have
not been met, despite
comments in the staff report and comments made by the applicant.
Ms. Newberg characterized this application as "wholesale rezoning".
She noted that
two of the nine lots are proposed to be developed with BP uses, which
represents 22 percent
of the project. The remaining 78 percent is to be developed with out-of-district
uses; and she
feels that does not follow the master plan and is inappropriate.
Ms. Newberg noted that the intent statement for the planned unit development,
as
contained in the zone code, indicates that existing neighborhoods are
to be protected from
incompatible development.
She is concerned that this development will actually result in
deteriorating property values. She also noted concern about the fact
that this development will
. generate traffic equal to 687 new residences, in their back yards. She feels that bars, casinos,
motels and restaurants are not compatible uses and should not be allowed.
Ms. Newberg forwarded her feeling that this proposed development violates
the intent
statement for planned unit developments and encouraged the Commission
to not approve this
application.
Mr. Jonathan Ford, 510 South Yellowstone Avenue, stated he is employed
at the
MSU Facilities Services, and has spent nearly fifteen years reviewing
plans for this type of
project. He then forwarded his concerns about circulation patterns,
noting that people don't
always do what the planners say they will. He stated that people tend
to take the path of least
resistance.
Mr. Ford stated he purchased his home, as many of his neighbors did,
with full
. knowledge that the subject property is zoned BP, and that some fairly
large projects could be
located there. He noted that, because of the zoning, they anticipated
basically an office type
of development or some other type of business park development that
would be acceptable to
the surrounding residential neighborhood.
07-11-94
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Mr. Ford further stated that, due to human nature, much of the traffic
from this
development will actually use West Babcock Street and West Main Street.
He then stated that
the State operates on a priority list, and it is broke; therefore,
a traffic signal will not be
installed for several years.
He suggested that, once an individual encounters resistance in
. trying to make a left turn onto U.S. Highway 191 at Ferguson Avenue. an alternate route will
be sought; and that route will likely include Yellowstone Avenue. He
further noted that this
traffic will be 24 hours a day, 7 days a week, rather than during the
typical peak hours as it
is now, with familiar traffic using the street every day.
Mr. Ford noted the transient nature of people using retail establishments,
expressing
concern about the security of the residential area and the increased
potential for crime. He also
expressed concern that this proposal simply extends the same types
of uses as already exist
west of 19th Avenue; and if it is not controlled, it will extend all
of the way to Four Corners.
He reminded the Commission that this property is zoned for Business
Park development, as
opposed to commercial development; and he feels that was done intentionally
to provide a
natural break from the commercial activities along West Main Street.
. Mr. Ford noted that the applicant has indicated the traffic generated
by this proposed
development will be essentially the same as development of the three
lots as they presently
exist.
He Questioned whether the applicant has actually conducted a traffic study and
meausured traffic counts, thus generating estimated impacts. He cautioned
that the traffic in
this area is substantially different from that around Kagy Corner,
particuarly in speeds and types
of traffic.
Mr. George Zanck, 505 South Yellowstone Avenue, stated his concurrence
with all
of the previous comments. He does not believe this application is compatible
with the master
plan, particularly since it places retail adjacent to a residential
neighborhood. He noted the
residents wish to see the BP zone developed with BP uses, reminding
the Commission of the
number of residents in that area who are concerned about this proposal.
. Mr. Zanck noted that the development is to be called "Valley Commons
Business
Park", but he does not believe that when only 22 percent of the uses
are to be business park
uses, that is an appropriate name. He then read through some of the
elements contained in the
master plan which are to be taken into consideration, stating he does
not believe that this
application meets many of those elements.
He expressed concern that this proposed
07-11-94
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development will draw people off the highway and into this area.
He also noted that this
proposal will generate more retail uses which, in turn, typically provide
minimum wage jobs.
Mr. Zanck then stated he feels the design of the proposed development
is nice and,
if it contained offices, he feels it would be more appropriate for
the area.
. Ms. Gina Morrison, 501 South Yellowstone Avenue, stated the plans for
this project
look nice; and the project would be a nice addition to the community.
However, she noted
that, in reality, people from the USDA building use Yellowstone Avenue;
and her perception is
that they "don't care about kids or speed limits". She noted that,
since they use Yellowstone
Avenue, this also impacts West Babcock Street or Durston Road. She
described the difficulty
of making a left turn onto U.S. Highway 191, noting that once they
encounter that, they will
take an easier route.
Ms. Morrison stated that West Babcock Street was originally intended
to be a feeder
street; and Yellowstone Avenue was never intended to be a major through
street. In reality,
however, she noted that is what will happen.
Ms. Morrison stated that they purchased their home two months ago;
and they knew
. about the BP zoning when they did so. She noted that they are willing to accept that type of
development close to them; however, if this proposed development occurs,
they will move.
Ms. Morrison noted that a petition containing 85 signatures of residents
in the area
has been submitted, and asked the Commission to carefully consider
that. She further noted
that the homes in this area range from $150,000 to $200,000, and asked
the Commission to
protect this vital area of the community.
Mr. Joe McKethen, 514 South Yellowstone Avenue, stated he lives 200
feet from the
subject site. He purchased his home in December 1993, when the USDA
building was under
construction. He asked about the zoning on the subject site and was
assured by the realtor
that nothing but office buildings would be constructed there, and that
no two-story structures
. would be allowed. He also checked with the City-County Planning Office
and learned that the
property was, indeed zoned BP.
Mr. McKethen stated that he has had peace and quiet for the past eight
months, but
he feels that his peace and quiet are now threatened. He recognized
that the project drawings
are beautiful and depict a nice environment; however, he is concerned
about reality. He noted
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the potential of advertising signs, bright lights and possibly even flashing neon lights, despite
the best intentions of this applicant.
Mr. McKethen stated this project cannot be compared to the Kagy Corner project.
He noted that the traffic which would be attracted to this development would negatively impact
. the residents of Valley Unit Subdivision. He then stated he does not believe this project meets
the objectives of the BP zoning district.
Ms. Bonnie Zanck, 505 South Yellowstone Avenue, emphasized the fact that those
who are present to speak at this meeting are actually representing many residents in the Valley
Unit Subdivision. She then asked for a reality check, stating that this
project cannot be
compared to the Kagy Corner project, as Kagy Corner does not include a 70-unit motel. She
expressed concern about the type of traffic which the convenience store/gas station may
attract from the highway, noting there is not adequate space to accommodate the large trucks
and recreational vehicles which may attempt to use it.
Ms. Zanck noted the Planning staff's report does not find any significant problem with
the traffic generated from this development. She stated that she has taken pictures from Mr.
. Gunter's house. At 4:47 p.m., there was no traffic on the street; and at 4:50 p.m., there was
no way to make a left turn onto U.S. Highway 191 from Ferguson Road. She further noted
that once the roadway is improved, there would be "no way to get into the suicide lane to
commit suicide". She stated that, in comparison, she viewed the traffic on Kagy Boulevard and
found only ten vehicles on the street.
Ms. Zanck stated she feels the proposed B-1 uses in this BP district are inappropriate
and should not be allowed. She is concerned about the traffic that will be generated by this
development, particularly since she has a grandson who lives at 209 South Yellowstone
Avenue. She then encouraged the Commission to protect the residential neighborhood and the
property values by not approving this application.
Mr. Dennis Froeming, 516 East Granite Street, stated the proposed development is
. not consistent with the master plan, which is only two years old. He noted that the issue of
additional traffic on Yellowstone Avenue has been fully explained by previous speakers,
suggesting that with the North 19th Avenue interchange, the impacts to Yellowstone Avenue
could become even greater. He also noted the fact that 78 percent of the proposed uses in this
project are actually retail uses which are not compatible with the existing neighborhood. He
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then stated that he recognizes the need for flexibility in uses allowed; however, he feels that
any uses must be compatible with the existing neighborhood.
Mr. Gary Balaz, 414 North Yellowstone Avenue, stated that many people
have already
discovered the convenience of using Yellowstone Avenue when traveling from the Four Corners
. area to North 7th Avenue; and that path will become even more attractive with the North 19th
Avenue interchange. He then expressed concern about the safety
of the neighborhood
residents, particularly the children, since this area is primarily comprised of young working
families. He stated he does not want the influx of traffic that this development
would
generate.
Mr. Ken Long, 209 South Yellowstone Avenue, stated that atthe present
time, traffic
on West Babcock Street often travels 45 miles per hour; and there have been some serious
accidents at the intersection of Babcock and Yellowstone. He then expressed concern about
the safety of the children who live close to that intersection.
Mr. Gary Scheidecker, 513 South Yellowstone Avenue, stated he lives
across the
street from the new USDA building. He stated that
parking along the street is already a
. problem; and he has just learned that an additional 65 employees will be located at that facility
in the near future. He expressed concern that with the addition of a motel and restaurants, as
proposed, the impacts will only increase. He
then noted the traffic problems which already
exist in this area, stating that the Forest Service personnel have already discovered that it took
less time to reach Gallatin Canyon from their previous location on Griffin Drive than from the
present location in Valley Unit Subdivision.
Ms. Susan Smiley, 2502 West Babcock Street, stated she is concerned
about traffic
impacts on West Babcock Street. She noted that finding
financing to improve Babcock has
been a problem; and until that is resolved, she feels that allowing more development to occur
will negatively impact those along the street as well as the entire community. She expressed
concern that the installation of a traffic signal at the intersection of West Main Street and West
. Babcock Street will encourage further use of the street before it is improved.
Ms. Dawn Long, 209 South Yellowstone Avenue, noted the number of people
who
walk or run in this area. She stated that she is a college
student, and she is worried about
future employment. She noted, however, that this proposed
retail development does not
provide the type of opportunities that college graduates are seeking.
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Mr. Richard Knell, 509 South Yellowstone Avenue, stated he has three children who
bicycle on the streets and who like to play with the children across
the street. He stated that,
because of those factors, he is very concerned about the potential
traffic impacts this
development may have on the area.
. Break - 9:23 to 9:33 p.m.
Mayor Vincent declared a break from 9:23 p.m. to 9:33 p.m., in accordance with
Commission policy established at their regular meeting of March 14,
1983.
Continued Dublic hearinas (continued) - P.C. DeveloDment. Inc. - (a)
CUP for PUD - allow a nine-
lot business/commercial develoDment (Z-9458); and (b) Dreliminarv Dlat
for Valley Commons
Business Park subdivision PUD to create nine lots with a crivate street
(P-9424) on 15.2 acres
located in the SE% of the SW% of the SE%. Section 10. T2S. R5E. MPM
(northeast corner of
Ferguson Avenue and US 191)
Mr. David Penwell, attorney, stated he represents many of the residents in the
immediate area. He noted there is a school planned at the corner of
West Babcock Street and
Yellowstone Avenue. He stated that at the present time, Fallon Street
dead ends; and it will
. not continue through to Fowler Avenue until development in that portion of the subdivision
occurs.
Mr. Penwell then read an excerpt from Section 18.38.010 of the Bozeman Municipal
Code, which indicates the intent of the BP zoning district is to "provide
high quality settings
and facilities for the development of a wide range of campatible employment
opportunities.
These areas should be developed so as to recognize the impact on surrounding
or adjacent
development and contribute to the overall image of the community. Compatibility
with adjacent
land uses and zoning is required."
Mr. Penwell stated that this application is not really for a conditional use permit for
a planned unit development; rather, it is a request for a change in
zoning and in the master
plan. He noted that he was involved in the master planning process
in the 1970's and 1980's;
. and, at that time, major concerns were expressed about avoiding the "93 strip" development
which was occurring in Missoula.
Mr. Dave Penwell then showed the Commission a map of the city, with the business
districts and the business park districts color coded. He emphasized
the importance of avoiding
"93 strip" development along U.S. Highway 191, noting that the subject
business park zoned
07-11-94
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parcel seems to be a calculated effort to accomplish the desired break in commercial
development.
Mr. Penwell addressed the reference to the Kagy Corner project, reminding
the
Commission that the underlying zoning for that project is B-1, not BP. He then noted that all
. of the uses suggested for this site, except for the motel, are redundant to those provided at
the Main Mall and surrounding commercial developments. He reminded the Commission that
one of the issues to be considered is need. He suggested that, because of the close proximity
of this parcel to the Main Mall, the need for the proposed development on this parcel does not
exist.
Mr. Penwell stated that he and some of the residents in the Valley
Unit Subdivision
met with the developer last week; and they were unable to work out a compromise. He then
cautioned the Commission that Mr. Potter has acknowledged his intent to sell lots within this
development, which means that the applicant will not be the one with whom the City will be
dealing during actual development of the sites. He emphasized the importance of realizing that,
because of this change in ownership, the end product may not be the same as what is depicted
. in this proposal, even with the covenants and restrictions.
Mr. Penwell reminded the Commission that if an individual purchases
one of the lots
and wishes to construct a building for a use which has already been approved, via the list of
uses included in this proposal, the owner can simply obtain a building permit with no additional
reviews. That provision has many of the area residents concerned, particularly
in light of
potential traffic impacts.
Mr. Penwell cited a recent Supreme Court ruling in the case Anderson
Insurance
Agency versus the City of Belgrade, in which the ruling stated that the purpose of zoning is not
to provide for the highest or best use for every lot or parcel of land, rather the purpose of
zoning is to benefit the community generally, taking into consideration the most appropriate use
of land throughout the community.
. Mr. Penwell reminded the Commission that the developer purchased the
land knowing
that it was zoned BP, just as residents within the subdivision purchased their homes knowing
this land was zoned BP and that it would be developed in that manner. He then characterized
this application as a change from Business Park to Neighborhood Commercial; and he feels that
granting approval would be an abuse of discretion.
07-11-94
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Mr. Mike Potter responded that the planned unit development is an arduous process
that is not often used. He noted, however, that the master plan encourages
its use, which
allows for flexibility and predictability in how the parcel is to be developed.
Mr. Potter stated that under this application, with its covenants and development
. guidelines, a quality, predictable development will be the result.
He then forwarded his
disappointment that the neighborhood is encountering conflicts with the new USDA facility,
noting they should not encounter problems with littering and parking off-site like they are. He
then argued that a quality development which benefits the greater community will benefit the
neighborhood as well, and will not result in a decrease in property values.
Mr. Potter stated that with infill in the western portion of the community, including
residential, schools and some business/commercial development, there are impacts to the
transportation system. He noted that the system in the western part of the community is being
upgraded; and additional upgrades are anticipated in the future. He stated that installation of
a traffic signal at Ferguson Avenue and U.S. Highway 191 is one of his top priority items.
Mr. Potter concluded by reminding the Commission that development can occur on
. the three existing lots, as they are. He feels that this application
will allow for a more
appropriate development to occur, which will bear the costs of the impacts which it has on the
area. He then encouraged approval of his application.
Since there were no Commissioner objections, Mayor Vincent closed the public
hearing.
The Mayor then asked the Commissioners to submit any questions or concerns to
Assistant Planning Director Arkell as soon as possible, so that staff has ample opportunity to
address them prior to a decision.
Planning Director Epple noted that some of the public testimony depicted this
application as a defacto amendment to the master plan or to the zoning designation on the
subject property. He then read excerpts from the 1990 Bozeman Area Master Plan Update,
. noting it allows this type of development. He noted that the land use designation for the
subject parcel is Business Park/Industrial; and allowable uses include office uses, industrial
uses, commercial uses and warehousing. He then reviewed the overall philosophy behind the
current Master Plan, which includes a high degree of flexibility and a high degree of reliance on
good design and execution of projects, rather than upon where a project may be located. He
07-11-94
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further cited a section of the Master Plan which suggests that through
design, architectural
elements and landscaping, almost any land use can be made compatible
with any other
adjacent land use.
The Planning Director stated that, based on the excerpts he has forwarded,
he
. believes that it is incorrect to characterize this application as a defacto master plan amendment.
He recognized that this plan, and its underlying philosophy are dramatically
different from the
1983 Master Plan.
He also noted that the master plan is difficult to understand and to
administer.
The Planning Director then reviewed the list of permitted principal
uses and the list
of conditional uses in the Business Park zoning district, as contained
in Section 18.38.020 of
the Bozeman Municipal Code, noting the last conditional use listed
is "Any use approved as part
of a planned unit development subject to the provisions of Chapter
18.54".
City Attorney Luwe reminded the Commission that, since a preliminary
plat is involved
in this application, the 60-day timeframe becomes a factor. He then
stated he has received an
indication from the Assistant Planning Director that the applicant
is willing to grant an extension
. for as long as the Commission needs.
Mr. Mike Potter confirmed that statement, indicating he is willing
to grant an
extension for as long as is needed to make a decision on this application.
The City Manager recommended that this item be placed on the afternoon
agenda for
next week's meeting.
Following a discussion among Commissioners, it was determined that
this decision
should be delayed for a period of three weeks, so a full Commission
can be present.
Continued aooellate hearing - aooeal of Planning Board's decision for
aODroval of maior site olan
to allow construction of 85 residential condominiums on 19.09 acres
- COS No. 1917. located
in the NW%. NE%. Section 11. T2S. R5E, MPM (2400 Durston Road) - Human
Resource
Develooment Council (Z-9452)
. This was the time and place set for the continued appellate hearing
requested by
Human Resource Development Council, to appeal the Planning Board's
decision for approval
of a major site plan for Willowbrook, to allow the construction of
85 residential condominiums
on 19.09 acres, under Application No. Z-9452. The subject parcel is
known as Certificate of
Survey No. 1917, located in the Northwest one-quarter, Northeast one-quarter
of Section 11,
07-11-94
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Township 2 South, Range 5 East, Montana Principal Meridian, and is more commonly located
at 2400 Ourston Road.
Mayor Vincent reopened the continued appellate hearing.
At the Mayor's request, City Attorney Luwe reviewed the procedure for an appellate
. hearing, as set forth in Section 18.58.090 of the Bozeman Municipal Code. He cautioned the
Commission that its decision must be based on the record from the Planning Board meeting;
and testimony under this hearing is to be limited to the grounds of the appeal. He stated that
after the appellate hearing has been concluded, the options available to the Commission are to
uphold, overturn or modify the decision of the City-County Planning Board.
Commissioner Stueck stated that approximately two weeks ago, he had lunch with
Mr. Ken LeClair, at which time they discussed affordable housing issues and the issue of public
versus private streets. He noted that at the beginning of the conversation,
he informed Mr.
LeClair that discussion of the subject project would be inappropriate and unacceptable.
Assistant Planner Lanette Windemaker presented the staff report. She stated that the
appeal is on a decision rendered by the City-County Planning Board to approve a major site
. plan, under Application No. Z-9452, as requested by Ken LeClair for T.W. Fellows, to allow the
construction of 85 condominium units on 19.09 acres located at the southeast corner of the
intersection of Ourston Road and North 25th Avenue extended. She
noted that the
condominium units are to be constructed in duplexes and tri-plexes, in several phases, and are
to be served by a private interior drive system which extends from Ourston Road to West Beall
Street. The property is traversed by a stream/ditch; and the appropriate setbacks are to be
provided.
The Assistant Planner stated that this project was reviewed by the Development
Review Committee and, following that review, the ORC recommended approval subject to a
lengthy list of conditions. She noted that one of those conditions was that West Beall Street
and North 25th Avenue be developed along the entire length of the property, to one-half a local
. street standard plus 12 feet of pavement. Also, a graveled secondary access was to be
provided until the entire road system could be installed.
Assistant Planner Windemaker stated that this application was then forwarded to the
City-County Planning Board for its public hearing and decision. The Planning Board did approve
the application, with some revisions to the recommended conditions. Those revisions included
07-11-94
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the requirement that a waiver of right to protest the creation of an
RID/SID for future
improvements to North 25th Avenue and West Beall Street be executed
and that improvement
of West Beall Street from its current terminus to a point just beyond
North 24th Avenue occur
in conjunction with Phase 6.
. The Assistant Planner stated that the Planning Board received a petition
signed by 12
residents along North 25th Avenue stating opposition to paving of that
street.
Subsequent to the Planning Board's decision, the Assistant Planner
stated that the
Planning Office received an appeal letter from the Human Resource Development
Council, a
copy of which was included in the Commissioners' packet; and that letter
cited opposition to
three of the conditions for approval. Under the second part of Condition
No. 15, a payback for
the connection to the water main is estimated at $ .021 per square
foot; Condition No.8
requires a waiver of right to protest the creation of various RID/SID's;
and Condition No.9
requires that a graveled secondary emergency access be provided to
the existing West Beall
Street in conjunction with Phase 3 and that a graveled emergency be
provided to North 25th
Avenue in conjunction with Phases 9 and 10.
. Mr. Jeff Rupp, Executive Director of the Human Resource Development
Council,
stated that they are not opposed to development of the property to
the north of their affordable
housing project. He stated, however, he does have a problem with the
three conditions which
have been enumerated in his letter of appeal.
He then addressed each of those conditions
specifically.
Mr. Rupp noted that under the second part of Condition No. 15, a specific
dollar
amount has been established. He cautioned that, in light of the Community
Development Block
Grant agreement, it is critical that adjacent landowners pay a reasonable
amount for connecting
to the water main that was installed. Under the terms of that agreement,
the amount is to be
agreed upon by the City and HRDC; and, to date, that amount has not
been agreed upon. He
cautioned that acceptance of the condition as worded by the Planning
Board would be in
. violation of the terms of the CDBG agreement, which is dated June 21, 1993.
Mr. Rupp then addressed Condition Nos. 8 and 9, which pertain to the
improvement
of perimeter roads.
He noted that under the staff's recommended conditions, North 25th
Avenue was to be paved in conjunction with Unit No. 66; and West Beall
Street was to be
paved from its current terminus to North 25th Avenue in conjunction
with Unit No. 41.
07-11-94
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However, under the Planning Board's approval, West Beall Street is
to be paved just past North
24th Avenue and North 25th Avenue can be constructed under a special
improvement district
at some time in the future.
He stated that he cannot predict traffic flows and patterns,
however, he feels those items should be carefully considered.
He then stated he feels that
. West Beall Street and North 25th Avenue should be paved, so that people can travel along
whatever route they wish.
He characterized this as an issue of fairness, noting that those
roads will be paved either now or later. He suggested that it is more
appropriate to build the
streets now because that is the best way to do business.
He noted that in the project
immediately to the south of this subject property, the street has been
installed and paved
before any housing has been started; and he feels the neighbors to
the north should be required
to do the same.
He stated that if the Commission chooses not to follow that approach, he
feels that both West Beall Street and North 25th Avenue should be improved
at the same time.
He then stated that if graveled emergency secondary accesses are allowed,
he feels they
should be barricaded, to ensure that they are used for emergency purposes
only, cautioning the
Commission that gravel streets are one of the biggest causes of air
pollution in a community.
. Mr. Rupp concluded his comments by reiterating his position that the
streets should
be paved now and that those costs should be borne by the development
which will generate
the traffic in the area. He reiterated the fact that the HRDC development
has been responsible
for constructing and paving North 24th Avenue, and the fact that he
is willing to participate
in the improvement to West Beall Street, as previously agreed upon.
Mr. Phil Mazuranich, 24 North Western Drive, stated support for the
HRDC appeal.
He then stated he feels that North 25th Avenue should be paved and
that North 24th Avenue
should extend all of the way to Durston Road.
Dr. Tom Fellows, applicant, stated he and his wife own the subject
property and hold
a minority interest in the proposed condominium development. He stated
that a total of 277
units could be constructed on the subject parcel; however, they have
chosen to involve a
. quality developer in the project and to make this a quality development with only 85 units. He
stated that the stream/ditch and other topographical features make
putting more units on the
property rather unrealistic. He stated there are no plans to connect
this development to North
25th Avenue; rather, access is to be from Durston Road and West Beall
Street.
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Dr. Fellows stated that, through negotiation with Mrs. Mae Lessley,
he was able to
obtain property for a right-of-way for the extension of West Beall Streett so that there is access
to the east. He stated that he has also granted a 15-foot-wide
easement to the Human
Resource Development Council, along the south side of his property, so they can gain access
. to West Beall Street from that subdivision as well; and he has agreed to pay one-half of the
costs of constructing the West Beall Street, past North 24th Avenue.
Dr. Fellows stated he agrees with and accepts the conditions which
the Planning
Board attached to approval of this major site plan at its June 7 meeting.
Mr. Ken LeClair, applicant, stated that before successful negotiations
with Mrs.
Lessley, an access onto North 25th Avenue was proposed. He then stated that engineering
reviews of the topography of the site revealed that if the sewer line from this development
were extended to North 25th Avenue, a lift station would be required; however, gravity flow
could be used if the line were extended to Durston Road. He stated that, since neither the City
nor the developer likes a lift station, the decision was made to extend the sewer line to Durston
Road. He stated that, in light of these facts, this development will
not impact North 25th
. Avenue. He noted that all of the interior roads will be improved and paved; and those will all
be private streets which are maintained privately. He then indicated a willingness to install a
barricade across the secondary emergency accesses to ensure that they are not used for daily
traffic.
City Manager Wysocki asked what impact the dust from North 25th Avenue
would
have on this development if West Beall Street were extended and improved to North 25th
Avenue. He then asked Mr. LeClair if he has ever been involved in an RID/SID.
Mr. LeClair responded he has not been.
He then stated that at the present time,
North 25th Avenue is just an easement and is not even improved to a gravel standard.
Planning Director Epple cautioned that North 25th Avenue lies outside
the proposed
annexation boundary and, therefore, outside city limits.
. Assistant Planning Director Arkell noted that at the present timet North 25th Avenue
does not connect to the West Beall Street right-of-way.
Responding to questions from Commissioner Youngman, Planning Director
Epple
stated that any crossing of the stream/ditch will require obtaining a 310 permit.
Since the
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stream/ditch lies west of North 24th Avenue, it would not be impacted
by the extension of
West Beall Street under the conditions of approval imposed by the Planning
Board.
Commissioner Stueck questioned how the City can impose a requirement
to pave a
County road.
. Planning Director Epple stated that, the condition is written to require
that North 25th
Avenue be paved prior to development of the last phases of the project;
however, it does not
require that the developer complete those improvements.
He noted that this could be
accomplished through an RID/SID, if the developer chooses to pursue
that option.
Responding to Commissioner Stueck, Mr. Rupp stated he is concerned
about the
possibility of HRDC becoming involved in a future SID for improvements
to North 25th Avenue.
Responding to Commissioner Stueck, City Attorney Luwe stated there
is no
mechanism for excluding the HRDC property from a special improvement
district, particularly
if their property is benefited by the improvement. He then noted one
option would be for the
City to agree to pay the assessments on that property.
Responding to Commissioner Stiff, the Planning Director stated that
the County owns
. the right-of-way for North 25th Avenue.
Ms. Theresa Walker, 313 North 25th Avenue, stated that she lives on
a section of
North 25th Avenue which serves only five houses; and Dr. Fellows' property
is immediately to
the east. She stated that, while there are houses on only one side
of North 25th Avenue in her
section, the southern section has houses along both sides. She stated
that North 25th Avenue
has not been improved beyond a gravel standard; and the residents are
responsible for its
maintenance. She noted that the road cannot handle any more traffic
in its current condition;
and the residents along the street don't want it improved, mainly because
they don't want to
pay for the improvements. She then stated that she does not oppose
anyone developing in that
area, but she is concerned about the status of North 25th Avenue since
it is a public road in
the County that is privately maintained.
. Ms. Holly Brown, attorney representing Dr. Fellows and Mr. LeClair, addressed each
of the three issues raised by the Human Resource Development Council.
She stated that the
payback issue can be addressed. She noted that the setting of the payback
amount is an issue
that must be addressed by the City and HRDC, not her clients; however,
they would like to
know that amount as soon as possible for planning purposes.
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Ms. Brown stated that during construction of this phased development, her clients
are willing to install barricades to prohibit traffic from using the gravel roads that will exist
throughout the development. She suggested that this should address the HRDC concerns
about dust pollution. She also noted that barricades can be installed across the graveled
. emergency secondary accesses to ensure that they do not become used on a daily basis.
Ms. Brown stated that the only real issue, then, is the paving of North 25th Avenue
and the remainder of West Beall Street (between North 24th and North 25th Avenues). She
noted that residents along North 25th Avenue have indicated that they don't want the street
improved; and the Willowbrook development does not impact it. She stated that her clients
should not be required to solely bear the costs of paving the entire street. She further stated
this would be an invalid condition because the City may not have the authority to require it, and
because there is no reasonable relationship between the subject project and the required
improvements to the street.
Responding to City Manager Wysocki, Assistant Planning Director Arkell stated that
the fire hydrants recently installed along the new water main loop are located in dedicated right-
. of-way which lies in the county. She then indicated that the installation of the fire hydrants
was a part of the total water line looping project; therefore, those costs will be included in any
payback formula.
Responding to Commissioner Youngman, Ms. Brown stated that two secondary
emergency accesses were originally proposed. She stated that under the current proposal, one
permanent emergency access will remain, from the internal street system to North 25th
Avenue; and that access can be permanently barricaded. She noted that the entire road system
for the project is to be installed to a gravel standard immediately; and the developer agrees to
install temporary barricades, as each phase of development occurs, to keep traffic from using
those roads on a daily basis. When the entire project is complete, the access to West Beall
Street as well as West Beall Street being paved and used as a main access to Willowbrook.
. Mr. Jeff Rupp stated that the proration of the costs for installation of the looped
water line is very important to the repayment schedule. He also noted that, until the HRDC
project is completed, the ownership of the water line remains under the contract for the
Community Development Block Grant monies; after expiration of the grant, it can become the
property of the City.
07-11-94
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Mr.
Rupp then addressed the North 25th Avenue issue, recognizing the confusion that
surrounds it.
He stated, however, he feels that development should pay for any impacts
upfront, rather than waiting five or ten years to address the impacts.
He also stated that he
feels West Beall Street should be extended to North 25th Avenue immediately,
rather than
. waiting.
Commissioner
Stiff registered his confusion about how the City can require the
improvement of a road which lies in the county.
The
City Manager asked that staff be given an opportunity to review this issue
further,
He then noted that, typically, in conjunction with annexation and development of a
parcel, the improvement of perimeter roads is required.
He stated that during the review
process, staff will try to identify the process which would put the
City in the best position of
control over that road.
Since
there were no Commissioner objections, Mayor Vincent closed the appellate
hearing.
Ms.
Holly Brown asked that she be allowed to respond to the information submitted
. by the City staff, particularly pertaining to the North 25th Avenue
issue.
The
City Attorney suggested that, if she is granted permission to do so, the appellant
should be given the same opportunity.
He then suggested that both parties be allowed to
comment on the staff information presented, with their comments being
limited to the new
information only.
Adjournment - 11 :22 D.m.
There
being no further business to come before the Commission at this time, it was
moved by Commissioner Youngman, seconded by Commissioner Stiff, that
the meeting be
adjourned. The motion carried by the following Aye and No vote:
those voting Aye being
Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner
Frost and
. Mayor Vincent; those voting No, none.
07-11-94
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~~
-
. ATTEST: "'\ VINCENT, ayor
()~ J ~ ~
ROBIN L. sULLlVA~~
Clerk of the Comm' .
ISSlon
.
.
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