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HomeMy WebLinkAbout1994-06-06 ccm MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA June 6, 1994 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, June 6, 1994, at 3:30 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 Mayor Vincent deferred action on the minutes of the regular meeting of May 16, the town meeting of May 19, the regular meeting of May 23 and the regular meeting of May 31, . 1994. . Signing Notice of special City Commission meeting time (to set earlv start time) Each of the Commissioners, in turn, signed the notice of special Commission meeting time. Continued Dublic hearing - Commission Resolution No. 2966 - intent to create Special Improvement District No. 659 - pavin9 and storm drains - North 19th Avenue from West Oak Street to Baxter lane This was the time and place set for the continued public hearing on Commission Resolution No. 2966, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2966 . 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 SPECIAL IMPROVEMENT DISTRICT NO. 659 FOR STREET IMPROVEMENTS FOR THE CONSTRUCTION, INSPECTION AND ENGINEERING CERTIFICATION OF ASPHAL T CEMENT PAVING, GRAVEL BASE COURSES AND SUBGRADE PREPARATION, STORM DRAINAGE, AND ALL NECESSARY APPURTENANCES TO CONSTRUCT A 2,390-FOOT PORTION OF NORTH 19TH A VENUE BETWEEN BAXTER ROAD AND WEST OAK STREET, IN THE CITY OF BOZEMAN, MONTANA. 06~06-94 - 2 - Included in the Commissioners' packets was a memo from Director of Public Service Forbes, dated June 3, 1994, requesting that this continued public hearing be further continued to 3:30 p.m. on Monday, June 13, 1994. The City Manager noted that City staff has essentially reached an agreement with the two property owners involved in this special . improvement district; and the requested one-week continuance will allow finalization of that agreement. It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the public hearing be continued to 3:30 p.m. on Monday, June 13, as requested by staff. 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 preliminarv plat review - Courtyard Cottages Subdivision -Ileana Indreland. Michael Delanev and Dia mond Productions - to subdivide 37.781 acres into 121 single-family residential lots - NE%. Section 10. T2S. R5E. MPM (east of Ferguson between West Babcock and Durston) (P-9411) This was the time and place set for continued review of the preliminary plat for . Courtyard Cottages Subdivision, as requested by Ileana Indreland, Michael Delaney and Diamond Productions under Application No. P-9411, to allow the subdivision of 37.781 acres located in the northeast one-quarter of Section 10, Township 2 South, Range 5 East, Montana Principal Meridian, into 121 single-family residential lots. The subject site is more commonly located east of Ferguson Avenue between West Babcock Street and Durston Road. Included in the Commissioners' packets was a memo from Clerk of Commission Sullivan, dated June 3, 1994, containing a listing of the conditions as forwarded by the Planning Board and as amended by Assistant Planning Director Arkell's memos of May 6 and May 26, 1994, along with a memo from City Engineer Brawner, dated June 2, 1994, forwarding his comments and recommendations for additions to the conditions. Also included . in the packet was a draft of the May 31, 1994 Commission meeting minutes pertaining to this item. Responding to questions from Commissioner Frost regarding the stream, Assistant Planning Director Arke" stated that the subject stream is designated as a stream by the Fish, Wildlife and Parks in this immediate area. She stated that some portions are designated as a 06-06-94 - -- - - 3 - ditch, some portions are designated as ditch/stream; and the subject portion is designated as a stream. She also reminded the Commission that portions of the waterway are tubed while other portions remain open. The Assistant Planning Director then stated that the stream is located in the 60-foot- . wide public right-at-way; and it the right-at-way is expanded to 100 teet, it will be even turther into the public right-of-way. She stated that, due to liability concerns, staff would recommend that if the ditch is to remain in the public right-of-way, it should be tubed. She cautioned that tubing or relocating the stream will require obtaining 404 permits from the Soil Conservation Service and the Department of Fish, Wildlife and Parks, and further cautioning that the stream may not be relocated to private property unless permission is obtained from the property owners. Using the Clerk of the Commission's memo as the basis for discussion, the Commissioners reviewed the conditions recommended for possible approval of this subdivision. Commissioner Frost began the discussion, noting Condition Nos. 1 through 7 are satisfactory, using the second portion of No.5. He then asked for clarification of Condition No. . 8, after which he suggested that the language be revised to reflect the fact that the applicant would be responsible for one-half a collector street standard. On Condition No.9, he suggested the next to the last sentence be revised to better define the center island area that is referenced. Commissioner Frost stated his agreement with Condition Nos. 10 through 13 as written. On Condition No. 14, he suggested the first sentence be revised to read "The location of all existing water and sewer mains shall be properly depicted." In the fourth sentence, the reference to "east property line" should be changed to the "western side of Ferguson Road", which allows this condition to tie to Condition No. 35. Commissioner Frost stated his agreement with Condition No. 15 through 18 as revised. He then turned his attention to Condition No. 19, suggesting that reference to "street . improvements to Durston Road, including paving, curb/gutter, sidewalk and storm drainage" was omitted from the list of required waivers. He stated that, because of a property owner of record involved in this proposed subdivision having defaulted on special assessment payments, he feels the only appropriate way to allow the developers to use special improvement districts is if their prorata share for each project is determined and some type of financial mechanism 06-06-94 --- -- - -- - 4 - is established where they pay those monies into an account upfront. He then indicated his support for Condition Nos. 20 through 24 and 26 through 34. He proposed that Condition No. 35 be revised to reflect the language one-half a collector street standard. He also proposed that the water main be installed under Courtyard Avenue rather than under Ferguson Avenue, . and that the water and sewer mains be stubbed across to the west side of Ferguson at Babcock, Toole, Cascade and Durston. Commissioner Frost returned to Condition No. 25, stating he firmly believes that Toole Street should be extended through this subdivision to Ferguson Avenue. He noted the existing pattern of the neighborhood and the fact that Toole Street has been extended to the edge of the property as a planned extension. He suggested that this extension will not significantly impact this development by increasing traffic dramatically; however, it will accommodate the existing neighborhood. He suggested that if traffic circles are installed at the intersections of Toole and Courtyard and Cascade and Courtyard and if bull noses are installed at the northernmost and southernmost cul-de-sac streets, drivers will recognize that they are in a neighborhood and will tend to travel slower. He stated that the proposed traffic circles will . eliminate the need for four-way stop signs, as proposed in this condition. Commissioner Frost then stated his support for the narrower cul-de-sac streets which have been proposed; and he feels it is appropriate to allow parking on both sides of those streets, but not in the cul-de-sacs. He noted that if a variance to allow the narrower streets had not been recommended by the Planning Board, he would not, however, support it at this time. He stated that, with his proposal to extend Toole Street through this subdivision, the second variance recommended by the Planning Board is not needed. He then stated he is not interested in considering either of the zoning variances at this time, because they have not gone through review in light of the three criteria established by the Montana Supreme Court. Commissioner Frost stated he does not feel it is appropriate to allow the stream to remain open if it remains in the public right-of-way because of liability concerns. He stated . that, while he feels it could have been a nice amenity for this development, he will support tubing instead. Commissioner Frost then stated he does not believe the land located in the island created by the split entry should be considered parkland. He recognized that it does create a nice open area; however, he stated that since it is surrounded by streets, it does not lend itself 06-06-94 - 5 - well to park type activities. He stated that if the developer does not proposed alternative parkland, then a cash.in-lieu payment for this .3 acre should be required. Commissioner Stueck stated he is in basic agreement with Commissioner Frost's comments, with a few exceptions. He addressed the concerns which Commissioner Frost . raised regarding Condition No. 19, suggesting that the City consider requiring some type of surety bond as a guarantee that payments will be made on special improvement district assessments for a specified period, such as three years, with the City being named as the obligee. Commissioner Stueck then stated he had not previously considered the extension of Toole Street through to Ferguson Avenue, although he will give that item further consideration. He then stated a willingness to consider a traffic circle at Cascade and Courtyard, in lieu of a four-way stop. He then stated he does not support the installation of a barricade on Cascade at Ferguson Avenue. He also stated he does not support the proposal for installation of bullnoses, even at two intersections, because of the problems they can create during snow removal operations. . Commissioner Stueck stated he supports the narrower cul-de-sac streets that have been proposed, although he does not support parking in the cul-de-sacs. Responding to questions from Commissioner Stueck regarding extension of the water and sewer mains to the west, Commissioner Frost stated that City Engineer Brawner has indicated it would be acceptable to extend those mains to the west side of Ferguson Avenue, leaving those extensions as dry lines until development occurs along the west side of the road. Responding to additional questions from Commissioner Stueck, City Engineer Brawner stated that water and sewer mains are installed in a grid system whenever possible, with east/west and north/south lines ensuring staff's ability to isolate portions or backfeeding of the lines whenever necessary. He stated that the extensions of the mains at Toole and Cascade, in addition to the mains at Babcock and Durston, will help to ensure that the grid system . continues west of Ferguson Avenue. Commissioner Youngman stated that in his memo of June 2, the City Engineer proposes additions to Condition Nos. 1, 11 and 13 which have not yet been discussed. She then stated her support for including those additions. 06-06-94 .. .- -. - 6 - Commissioner Youngman then proposed that Condition No. 17 be amended to allow the stream to be relocated to private property if the developers so desire. She stated that if the stream is relocated to the private property, it could be allowed to remain open; however, it if remains in the public right-of-way, it must be tubed. . Commissioner Youngman then drew attention to Condition No. 25, noting that discussion seems to revolve around slowing traffic flow through the neighborhood. She then stated support for Commissioner Frost's suggestions for traffic circles and bullnoses. She stated that she has not previously considered the extension of Toole Street; however, she noted that the street extension would alleviate the water run-off problems that are presently occurring. Commissioner Youngman then stated her support for the narrower cul-de-sac streets. She also noted support for allowing parking on those streets, except in the cul-de-sacs. Commissioner Youngman addressed Condition No. 35, noting support for Commissioner Frost's recommendations. She then suggested that the issue of designating the island at the south end of Courtyard Avenue be referred to the Recreation and Parks Advisory . Board for their review, since that has not yet occurred. Commissioner Stiff noted the countless hours which staff has spent addressing the delinquent assessments in the Valley Unit Subdivision, stating he does not wish to encounter those problems again. He then expressed concern that last-minute changes are occurring once again, particularly in light of Commissioner Frost's suggestion for the extension of Toole Street. He then stated that he does like the cul-de-sac idea; however, he is concerned about locating such a development in an area that has been master planned for a grid development. He expressed concern that this development will not allow the natural extension of current dead- end streets to Ferguson Avenue. He is also very concerned about the proposal to use special improvement districts for improvements. Commissioner Stiff stated that, despite the developers' opinions, he feels that staff . has done an extremely good job in identifying concerns and forwarding information to the Commission. He stated that the proposal before the Commission now is sUbstantially different from the original application; and he feels it should be sent back through the process. He suggested that the applicant could then submit a revised plan, based on the Commissioners' 06-06-94 -.- - 7 - comments through the proper process. He then stated that he will vote to deny this application and to send it back through the process. Mayor Vincent stated he is in essential agreement with Commissioner Frost's comments, except for a couple points. He noted Commissioner Stiff's comments regarding the . grid system and its relationship to this proposed subdivision. He suggested that the extension of Toole Street through this proposed subdivision could substantially mitigate many of the impacts this development might have had on the grid system. He noted that this will still provide for substantially fewer cross streets than the typical grid system; and he feels it is an appropriate compromise. He then stated support for the proposed traffic circles, noting they are strategically placed; and he supports the installation of bullnoses as proposed by Commissioner Frost. Mayor Vincent stated he agrees that while the open space in the island at the split entrance to the subdivision is attractive, it is not suitable to park uses. City Manager Wysocki reminded the Commission that in the past, the City has required a developer to participate in improvements to a perimeter collector street in the amount . of one-half a local street standard, which includes paving, curb and gutter and sidewalk. He suggested that be the level of participation required of the developer for the east side of Ferguson Avenue and the south side of Durston Road. Commissioner Stueck stated it is his understanding that the City of Whitefish requires developers to provide a surety bond naming the City of Whitefish as the obligee. He stated the bond then guarantees payment of assessments for that special improvement district for a specified amount of time. Commissioner Frost noted Commissioner Stiff raised a good point when he expressed concern about last-minute changes and the confusion surrounding review of this application. He then asked if staff is comfortable that, given the conditions which have been forwarded, the Commission can proceed with a decision. . Assistant Planning Director Arkell cautioned that requiring the extension of Toole Street will change the subdivision design and lot lines. She stated that staff must carefully review those changes to ensure that all lots meet zoning requirements. She suggested that this can be accomplished through the final plat review process without adding any conditions. 06-06-94 ---..- -.".. - .. . -- --'--~ - 8 - Responding to Commissioner Frost's question, City Engineer Brawner stated that, while he feels the subdivision can be accommodated with the conditions which have been recommended for approval, the Commission must recognize that its implementation will take a lot of staff time and very careful review. He also cautioned that there could be "some . surprises along the way". City Attorney Luwe cautioned the Commission that once the decision is made on the preliminary plat, the conditions cannot be changed. He then emphasized the need to ensure that all issues are adequately addressed in the conditions which the Commission imposes at this time. Assistant Planning Director Debbie Arkell asked for clarification on the conditions pertaining to paving of Durston Road and Ferguson Avenue. Following discussion, it was determined that Durston Road improvements be required prior to filing of the final plat for Phase III and that Ferguson Avenue improvements be required prior to filing of the final plat for Phase II. It was further determined that the developer's prorata share will be one-half a local street standard, which includes 16 Y:.z feet of asphalt mat plus curb and gutter, and sidewalk along one . side of the pavement, and any needed storm drainage improvements and appurtenances. City Engineer Brawner then asked if only 16 Y:.z feet of pavement will be required on those streets when they are improved, or if the City plans to require 32 feet of pavement like it did on Fowler Avenue, recognizing that City participation will be necessary. City Manager Wysocki suggested he feels it would be appropriate to require that those streets be improved with 32 feet of paving, recognizing that the City will pay for 15 Y2 feet of that paving, which will result in bringing those roads up to collector street standards. He reminded the Commission that if a collector street were located in the middle of a subdivision, the developer would be required to bear the entire costs of improving that street to collector standards. Commissioner Stueck disclosed that he had a telephone conversation with Ms. Ileana . Indreland to obtain answers to some of the questions he had about the latest information submitted. The Commissioners then discussed the issues of bullnoses at the specified intersections, the extension of Toole Street through the subdivision, whether or not the island at the south end of Courtyard Avenue should be designated as parkland, and relocation/tubing 06-06-94 - 9 - of the stream. As a result of straw votes on those items, a majority of the Commissioners agreed to add bull noses at the two specified intersections; extend Toole Street through the subdivision to Ferguson Road; allow flexibility in relocating or tubing of the stream; and send the question of parkland designation on the .3-acre island in the south entryway to Courtyard . Avenue to the Recreation and Parks Advisory Board and the Park Superintendent for their review and determination on whether that is acceptable as parkland. Responding to City Manager Wysocki, the Commission concurred that the stubbing of water and sewer lines to the west side of Ferguson Avenue at Babcock, Cascade, Toole and Durston must occur prior to approval of the final site plan for Phase II. This will ensure that those stubs are installed before the paving improvements are made to Ferguson Avenue. Responding to Commissioner Frost, the City Manager forwarded his concerns about the surety bond proposed by Commissioner Stueck for the special improvement district assessments. He reminded the Commission that SID assessments are usually spread over a twenty-year period. He noted that if a surety bond is required for a three-year period, that leaves a substantial number of assessments uncovered by any type of financial guarantee. He . stated that, while he feels the concept of a financial guarantee is a good one, the mechanics don't seem to work like they should. Mr. Joby Sabol, attorney representing the developers, requested an opportunity to address the Commission regarding this item. He expressed concern that the Commissioners' comments about the special improvement district assessments seem to be predicated on the perceived track record of one of the three applicants. He recognized that Delaney and Company did acquire property upon which the assessments were delinquent; however, he professed that Delaney and Company, a Montana corporation, is different from Michael W. Delaney, individually, who is the applicant in this development. He then voiced his concerns that these developers are being treated differently and will possibly be required to provide bonding when no other developers are being required to do so. . Commissioner Stueck responded by stating that during review of the last three subdivisions, he has specifically requested that those developers provide a surety bond guarantee for special improvement districts; and he is watching those projects to ensure that adequate financial guarantees are provided. 06-06-94 ..--.-.-- ........-----..- - 10- Mr. Sabol then withdrew his objections, recognizing that his clients are not being treated any differently, but that new policy has been established. Commissioner Frost stated he is comfortable with requiring a financial guarantee for the special improvement district assessments, similar to the financial guarantee which was . considered for the Fort Ellis leisure Community proposal. The other Commissioners stated agreement. Commissioner Frost then stated this subdivision review could have been easier, and a better product generated, through the planned unit development process. He stated that following the standard preliminary plat review process has been extremely difficult; and he hopes that staff and the developer will be able to create a quality subdivision based on the conditions for approval. Commissioner Youngman stated that she will be interested in seeing the final design and the resulting subdivision. She noted that she would have much preferred to have had the application properly handled in the beginning, with the desired variances being requested at the time of application submittal rather than being thrown into the process by the Planning Board . during its public hearing. She stated that a review of the subdivision regulations revealed that the information needed to complete the application properly and to identify desired variances was readily available. She then stated that, since the Planning Board forwarded recommendations on the variances, she is willing to consider them at this time. She then stated the process did not need to be this complicated, particularly since the planned unit development process is specifically designed to allow this type of creative plan. Mayor Vincent stated he feels the design is unique for Bozeman and deserves a try. He stated that, hopefully, the compromises which have been reached along the way will result in a project that is in the best interests of the community and the residents of this subdivision. It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the Commission approve the preliminary plat for Courtyard Cottages Subdivision, as requested by . Ileana Indreland, Michael Delaney and Diamond Productions under Application No. P-9411, to allow the subdivision of 37.781 acres located in the northeast one-quarter of Section 10, Township 2 South, Range 5 East, Montana Principal Meridian, into 121 single-family residential lots, subject to the following conditions: 06-06-94 ---.----....... ----..-....... - 11 - 1. The final plat shall conform to the Uniform Standards for final subdivision plats, comply with Section 16.10.030 of the Bozeman Area Subdivision Regulations, contain all appropriate certificates with the corrections indicated in the staff report, and be accompanied by all appropriate documents, including a Platting Certificate. The 20-foot utility easement shown on the east side of Ferguson . Avenue may not extend ten feet into the Ferguson Avenue right- of-way. The entire easement must be placed on the subject subdivision. The final plat shall clearly depict all right-of-way, especially peripheral roads, dedicated under this plat and identify existing rights-of-way or road easements on adjoining properties. All utility easements granted and rights-of-way dedicated on the final plat shall be subject to the review and approval of the City Engineer and the Director of Public Service; 2. Approval from the Subdivision Program of the Montana Department of Health and Environmental Sciences Water Quality Bureau must occur prior to final plat approval, pursuant to Section 16.16.101 through 16.16.805, ARM. The appropriate review fee for that review must be submitted to the Planning Office so it may be forwarded to the Water Quality Bureau with all other applicable information; 3. A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease, and other pollutants from the runoff from the public streets and all lots must be provided to and approved by the City Engineer. . The master plan must depict the maximum sized detention basin location(s), and locate and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. The plan shall include sufficient site grading and elevations information (particularly for the basin site), typical stormwater detention basin and discharge structure details, basin sizing calculations, and a stormwater maintenance plan. The storm water drainage design and calculations for this subdivision must include provisions for the stormwater run-on from the streets to the east. Storm water runoff on Lot 10 from Broadwater Street shall be addressed in the plans and specifications. Discharge of run-off shall not be directed onto private residential property; 4. If construction activities related to the project results in the disturbance of more than five acres of natural ground, an erosion/sediment control plan may be required. The Montana Department of Health and Environmental Sciences, Water Quality Bureau, shall be contacted by the applicant to determine if a Storm Water Discharge Permit is necessary. If required by the Water Quality Bureau, an erosion/sediment control plan shall be . prepared for disturbed areas of five acres or less if the point of discharge is less than 100 feet from state waters; 5. An easement to the City of Bozeman from Ken LeClair for the realigned water and new sewer mains shall be filed with the Gallatin County Clerk and Recorder prior to final plat approval. The applicant's engineer shall demonstrate to the City Engineer, at the time of plan and specification review, that the relocation adequately mitigates the concerns identified in his May 25, 1994 memorandum; 06-06-94 ---- ~-- - 12 - 6. The ten-inch water main in Durston Road that currently terminates at the east property line extended shall be constructed to the west edge of the intersection of Durston Road and Ferguson Avenue. The developer shall extend the sewer main in Durston Road, sized in accordance with future engineering review, to the west edge of the intersection of Durston Road and Ferguson Avenue; 7. All water mains serving the subdivision shall be a minimum of 6 . inches; 8. The developer shall design Durston Road, from the edge of existing pavement, through Ferguson Avenue, to collector standards, and shall construct the south side of Durston Road to a 32-foot width with curb, gutter and sidewalk (on the south side only) prior to filing of the final plat for Phase III, including installation of any subsurface infrastructure. The developer shall be responsible for the costs of 16 Y2 feet of asphalt mat, curb, gutter and sidewalk and subsurface infrastructure. The developer shall follow City procedures to be eligible for reimbursement of the cost of the remaining 15 % feet, pursuant to City policy; 9. The split entry at the Babcock Street entry shall provide minimum right-of-way width of 32 feet on each side, with the design to be approved by the City Engineer. Both streets shall have curbs and gutters with sidewalk and boulevard on the lot side only. This entry shall provide one-way traffic in and out of the development (i.e., in on the east, out on the west). No backing into the public street will be allowed from this area; 10. The .3-acre island of land created in the center of the two one- . way segments of Courtyard Avenue shall not be listed as either a lot or right-of-way, and its ownership must be made clear at final plat submittal. Possible designation of this subject parcel as parkland shall be submitted to the Recreation and Parks Advisory Board and the Park Superintendent for a determination on its acceptability; and it if not determined to be appropriate as parkland, a cash-in-lieu payment must be made; 11. City standard barricades shall be constructed at the ends of any dead-end city streets created by this subdivision; 12. Plans and specifications and a detailed design report for water and sewer main extensions, storm sewer improvements, and the public streets prepared by a Professional Engineer (PE) shall be provided to and approved by the City Engineer and the Montana Department of Health and Environmental Sciences, (water and sewer only). The applicant shall also provide PE services for construction inspection, post-construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a preconstruction . conference has been conducted. Preliminary plat approval shall not be construed by the applicant as City approval of the final infrastructure layout. The applicant's engineer shall prepare a detailed pre-design report containing clear and accurate schematic layouts, detail sketches and design criteria for all infrastructure (water, sanitary sewer, storm sewer, streets, ditch relocation, etc.) to be reviewed and approved by the City Engineer prior to initiation of preliminary design of any infrastructure or work on the final plat. Final 06-06-94 " "-~- ,. -. ".,'". -"..~ - 13 - infrastructure requirements for each phase of the development including, but not limited to: sanitary sewer, water lines, streets and associated appurtenances (i.e., curb/gutter, sidewalks), storm drainage/treatment and appurtenances, and ditch relocations shall be subject to the requirements and approval of the City Engineer unless otherwise addressed in the conditions of preliminary plat approval; . 13. All infrastructure improvements including a) water and sewer main extensions, and b) public streets, curb/gutter, sidewalks fronting parks, open space, rear lot frontages, or other non-lot frontages, and related storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to final plat approval. No building permits will be issued prior to acceptance of subdivision infrastructure improvements. Preliminary plat approval shall not be construed by the applicant as City approval of the final infrastructure layout; 14. City standard residential sidewalks shall be constructed on all public street frontages of a property prior to occupancy of any home constructed on the property. Upon the third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed said sidewalk shall, without further notice, construct said sidewalk for their lot(s), regardless of whether other improvements have been made on the lot. This condition shall be included on the plat and in the covenants for the subdivision. The sidewalks along Babcock Street and Durston Road frontages, . as well as along all open space, park, storm water "lots", etc., shall be installed with the subdivision improvements and shall not have the three-year grace period. Installation of sidewalk on the east side of Ferguson Avenue shall be completed in conjunction with the initial construction of the street; 15. The location of all existing water and sewer mains shall be properly depicted. The water line and hydrant location at Ferguson and Babcock are shown incorrectly. The storm drain infrastructure in Babcock Street along the property frontage shall be shown on the plans. The water main in Durston Road must be shown terminating at the western edge of the Ferguson Avenue right-of-way. Preliminary plat approval shall not be represented or construed by the applicant as City approval of the final infrastructure layout; 16. The subdivision may be platted in phases, but the phases must be reviewed and approved by the Planning Director and City Engineer to ensure adequate access and utility phasing; 17. Prior to final plat approval, a level of service analysis for the corner of Ferguson Road and U.S. 191, as well as supporting . reference data, shall be provided to the City Engineer to supplement the March 1, 1994 Traffic Analysis submittal by Kerin and Associates; 18. The Montana Fish, Wildlife and Parks Department shall be contacted by the applicant regarding any relocation or tubing of the stream along Ferguson Avenue. Documentation of the Department's requirements shall be submitted prior to plan and specification approval. The stream shall be piped with the development of Ferguson Avenue unless the developer submits a 06-06-94 ------.,. - 14 - request to relocate the stream onto their private property. If the developer wishes to relocate the stream, they must contact the Montana Fish, Wildlife and Parks Department and follow all Department requirements; 19. Written permission from the Farmer's Canal Ditch Company shall be obtained with regard to any tubing or relocation of the stream. Written permission from the irrigation ditch owner (probably . Farmer's Canal Company) shall also be provided for the proposed irrigation ditch relocation prior to plan and specification approval. An easement for the ditch relocation must be shown on the plat. A 10-foot maintenance easement shall be provided on each side of the ditch; 20. The property owner(s) shall provide and file with the County Clerk and Recorder's Office executed Waivers of Right to Protest the Creation of SID's. The Waiver shall specify that in the event SID's are not utilized for the completion of these projects, the applicant shall agree to participate in an alternate financing method for completion of said improvements on a fair share, proportionate basis as determined by square footage of the property, linear front footage of the property, taxable valuation of the property, or a combination thereof. The Waivers shall be accompanied by a financial guarantee, in the form of an escrow account in the name of the City of Bozeman, or a surety bond naming the City of Bozeman as obligee, structured in a manner acceptable to, and in an amount established by, the City's Administrative Services Director, which is designed to cover the assessments owed by the developers for the subject property over . the life of the district. Said Waivers shall include the following: a) Street improvements to Babcock Street including paving, curb/gutter, sidewalk, and storm drainage; b) Street improvements to Durston Road including paving, curb/gutter, sidewalk, and storm drainage; c) Signalization and intersection improvements at the intersection of West Main Street and West Babcock Street; d) Signalization at the intersection of Durston Road and North 19th Avenue; and e) Parks development and maintenance district for parks in the area; 21. Cluster mail boxes, in a location approved by the City Street and Planning Departments, and the U.S. Postal Service shall be installed by the applicant prior to final plat approval; . 22. Utility easements shall be shown on each lot on the final plat. Additional easements as required by the Montana Power Company shall be provided on the between lot lines near the cul- de-sacs; 23. All fire hydrants shall be located on Courtyard Avenue; no hydrants may be located on the cul-de-sacs; 24. All lots must be a minimum of 70 feet in width at the 25-foot front yard setback line; 06-06-94 -,.,-"._-_._'_."~ - 15 - 25. The covenants shall be amended as recommended in the staff report, and shall be submitted to and approved by the Planning Office prior to final plat approval; 26. Toole Street shall be extended through the subdivision, to connect to Ferguson Avenue; 27. Stop signs shall be installed on Cascade Street at its intersection . with Ferguson Avenue; on Toole Street at its intersection with Ferguson Avenue; and on Courtyard Avenue at its intersection with Durston Road and Babcock Street prior to final plat approval. "No Parking" signs shall be installed in the cul-de-sacs; 28. Traffic circles shall be installed at the intersections of Courtyard Avenue with Cascade Street and Toole Street. Bullnoses shall be installed at the intersections of Courtyard Avenue with the northernmost and southernmost cul-de-sac streets; 29. A 35-foot setback shall be shown on the final plat(s) for all lots around or adjacent to the stream. No buildings, decks or impervious surfaces may be constructed in the water course setback. A minimum 25-foot ditch maintenance easement shall be centered on the relocated irrigation ditch; 30. The final plat(s) shall contain this following notation regarding the potential for high groundwater on the property: Due to the relatively high groundwater table within the subdivision, it is not recommended . that residence with full basements be constructed. If daylight basements are incorporated in the construction of homes, they should not have a depth greater than three feet below the top of the curb of the street from which it is served. 31. The County Weed Control Officer shall approve a Weed Control Plan for the subdivision, and signed copy of the plan shall be submitted to the Planning Office prior to final plat approval; 32. Block numbers shall be used with lot numbers starting with one (1) in each block; 33. A street name and/or numbering system shall be approved by the County Road Office, City Engineer, and U.S. Postal Service prior to final plat approval; 34. A "no access" note shall be placed on the final plat(s) prohibiting access to Babcock Street, Durston Road, and Ferguson Road from any subdivision lots; . 35. The Zone Map Amendment to amend the B-1 zoning designation on the seven acres in the northwest corner of the site to an R-2 zoning designation shall be approved prior to final plat approval; 36. The developer shall enter into an Improvements Agreement with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat(s) is filed prior to the installation of all improvements, the developer shall 06-06~94 --.---- -. ..---. ~'-~..,.- -----.- - 16 - supply the City of Bozeman with an acceptable method of security equal to 150% of the cost of the remaining improvements. Conditional approval of the preliminary plat (all phases) shall be in force for not more than three calendar years, as provided by state statute. Prior to that expiration date, the developer may submit a letter of request for the extension of the period to the Planning Director for the City Commission's consideration. . Thereafter, the Commission may approve an extension for not more than one calendar year; 37. The developer shall design Ferguson Avenue, from Babcock Street to Durston Road, to collector standards, and shall construct the east side of Ferguson Avenue to a 32-foot width with curb, gutter and sidewalk (on east side only) prior to filing of the final plat for Phase II, including installation of any subsurface infrastructure. The developer shall be responsible for the costs of 16 % feet of asphalt mat, curb, g utter and sidewalk and subsurface infrastructure. The developer shall follow City procedures to be eligible for reimbursement of the cost of the remaining 15 % feet, pursuant to City policy; and 38. A 10-inch water main shall be installed under Courtyard Avenue from Babcock Street to Durston Road. The water and sewer mains shall be stubbed under Ferguson Avenue at Babcock Street, Cascade Street, Toole Street and Durston Road. The motion carried by the following Aye and No vote: those voting Aye being Commissioner . Stueck, Commissioner Frost, Commissioner Youngman and Mayor Vincent; those voting No being Commissioner Stiff. Responding to questions from Commissioner Stueck, the City Attorney stated that once the public hearing is closed, it is best to avoid conversations with individuals regarding the issue if at all possible. He cautioned if that is not possible, care must be taken to not consider the information received during that conversation in the decision-making process. He then stated that disclosures, such as Commissioner Stueck made earlier in the meeting, are appropriate when information has been received after a public hearing. He then noted that the staff has discussed the issue of receiving letters after a public hearing has been closed. It has been determined the appropriate way to deal with those is to stamp them with a "Late submittal" stamp which has been designed for the purpose and then forward those letters to . the Commissioners. He suggested that it would be most appropriate if the Commissioners did not even read those letters until after the decision has been made, to ensure that information does not impact the decision. 06-06-94 . -..--- - 17 - Reauest for permission to conduct barbecue for listeners to celebrate third birthday Dartv - KMMS FM - Bogert Park - Sunday. June 12. 1994. 3:00 p.m. Included in the Commissioners' packets was a letter from Kip Gilbert, KMMS-FM, dated May 25, 1994, requesting permission to conduct a barbecue in Bogert Park for their listeners to celebrate their radio station's third birthday party on Sunday, June 12, 1994 . beginning at 3:00 p,m. The City Manager stated that, since the request also includes sale of food, he must recommend denial. He then stated that a conversation with employees at the City Shops revealed that, subsequent to a telephone call from City Hall, Mr. Gilbert called the City Shops to find out if he could simply give food away, He noted that the park permit which has been issued for the event is for the period from 12 noon to 8:00 p.m. He is concerned about the duration proposed for live music, which is to begin at 3:00 p.m. and probably run until 8:00 p.m. City Manager Wysocki then suggested that, in light of this additional information, he does not believe any Commission action is necessary; the Commissioners concurred. . Discussion - regular Commission meeting slart time for m~etings to be hel!! thi, summer Mayor Vincent suggested that, in light of the length of recent agendas, the Commission consider an earlier start time for the summer months. He stated that he is not interested in lengthening the meetings just because more time is available; however, he feels that it could be beneficial to start earlier, in an effort to ensure an adequate break between afternoon and evening sessions. Commissioner Stueck stated he can fit his schedule to whatever meeting time is set; however, he noted it is important to end the afternoon session at 5:30 p.m. when there is an evening session. He also noted the importance of the Commission using its meeting time wisely. . Commissioner Frost stated he feels the Commission needs to be more efficient. He then stated a willingness to start the meetings at 3:00 p.m., possibly moving that back to 2:30 p.m. for particularly heavy agendas. Commissioner Youngman stated her schedule can accommodate any meeting time established. She suggested, however, that if any item of public interest is scheduled in the 06-06-94 - 18 - afternoon session, it should be listed as late as possible to accommodate those who cannot get off work to attend the meeting. Commissioner Stiff stated he is also very flexible. He stated his biggest concern is that many important agenda items are being pushed to the end of the meeting, when everyone . is tired. He also noted concern about the number of agenda items being brought back, stating that the Commission must become more efficient in its processes. City Manager Wysocki suggested that items which need to be discussed could be placed in a work session setting, and either scheduled for an early afternoon start time or for an evening session on a non-public hearing evening. City Attorney Luwe reminded the Commission that the meeting time is set by resolution; therefore, this change in the meeting time for the summer will be brought back in resolution form for action at next week's meeting. Discussion - Drocess and timeline for establishina Dolicies and regulations re wetlands habitat. stream corridors and ridge line overlav districts Distributed at last week's meeting was a memo from Assistant City Manager Brey, . dated May 27. regard ing supplemental master plan studies; and included in the Commissioners' packets for this week's meeting was a memo from Commissioner Youngman, dated June 3, 1994, pertaining to two of the seven points raised in the Assistant City Manager's memo. Commissioner Frost noted that when he had requested this item be placed on the agenda, he mentioned only those items listed above because those were the items he could readily remember; however, he intended that all of the seven points contained in Assistant City Manager Brey's memo be included in the discussion. He then stated support for one of the last sentences in the memo, which reads "If the Commission is interested in having some of these data bases prepared for use as development review tools, the Planning Board should be requested to retain consultant services to have the top priority study or studies prepared, along . with the policies and regulations necessary for incorporation into existing development review programs. .. Commissioner Frost stated that if he must select the top two priorities, he would choose No.2, a facilities extension policy defining the responsibility for extension of infrastructure associated with individual developments, and No.4, an existing land use survey 06-06-94 - -.- -----'- - - 19 - that identifies the type, amount and location of land uses and a detailed assessment of housing stock. He noted that the other five items are also extremely important and should be completed as quickly as possible. Commissioner Frost stated that if the Commission wishes to direct the Planning Boad . to proceed with these items, the decision becomes a budget matter for the upcoming fiscal year. He noted that, in an effort to move the process forward, the Commission should take action immediately, allowing staff to begin preparing a request for proposals for consulting services. He then noted Commissioner Youngman's excellent efforts regarding wetlands in her memo. He stated that if it would be possible to utilize the talent of local people in developing some of the policies and in preparing some of the inventories, consideration should be given to that option. Commissioner Frost stated that the rapid growth which the community is now experiencing is what has heightened the importance of completing these policies as quickly as possible. He noted that the amenities involved in these policies have long been recognized as contributing to the quality of life in Bozeman; and it is important that they be protected and . preserved. Commissioner Stueck stated he has no problem with Commissioner Frost's proposal, noting this is another example of the City already being behind. He stated this issue was discussed at the Recreation and Parks Advisory Board meeting last week; and they also reflected a sense of urgency in getting policies in place. City Manager Wysocki forwarded his concern about Planning Director Epple and his staff, and the workload that they are already bearing. He cautioned the establishing an ad hoc committee can result in placing a heavy burden on staff, to monitor and coordinate the activities of the committee and ensure that it remains on track. He also expressed concern that the positions of the professionals on staff are often ignored in this type of setting. Planning Director Epple asked for clarification on the direction which the Commission . wishes to forward to the Planning Board. He asked if General Fund monies are to be appropriated to retain a consultant. He also asked if the Commission is interested in just retaining a consultant, or if they wish to incorporate the ad hoc committee concept. He cautioned that if the volunteer approach is utilized, extreme care must be taken to ensure that the data gathered is consistent and usable. 06-06-94 - - - 20- Commissioner Frost stated he is interested in pursuing the method that will be the quickest and most efficient. He noted that if that method involves using local expertise, that is acceptable. He then suggested it may not be possible to retain just one consultant to develop all of the policies desired, since they represent a broad spectrum of issues. . Commissioner Frost noted that when he first became a Commissioner four years ago, he recognized that the community was growing rapidly. He noted, however, that the importance of protecting the sensitive areas in and around the community did not really hit until the Commission recently reviewed a proposal which involves a sensitive piece of property. He then recognized that completing these policies will cost money; however, he suggested that if the Commission does not begin the process immediately, the costs to the community will be substantially greater. Commissioner Youngman noted the importance of adopting policies in compliance with the Master Plan is one of the factors which creates the sense of urgency. She noted that is accompanied by the fact that if the issues are not addressed, the city will lose those items that are valued because preventive planning measures were not implemented. She emphasized . the importance of identifying what is valuable to the community and policies to ensure that those are protected. Commissioner Youngman then stated an interest in using local volunteers in this process if at all possible. She indicated, however, that she will let staff make the final determination on the best way to proceed. Planning Director Epple stated that coordinating volunteer efforts and ensuring that the data gathered is in a standardized and usable form is a full-time for someone; and none of his staff has the time to absorb that additional duty. He also questioned whether it would be possible to retain a consultant with the understanding that the individual would be responsible for serving in that capacity. The Planning Director stated he believes a substantial amount of the data needed for . these studies has already been gathered and mapped; and gathering all of that data into one report, with a coordinated overlay map, may be all that is needed in some instances. He suggested that the local volunteers could become involved in the process through seoping meetings and informational meetings. 06-06-94 - ""- -- - -',.--" . -" -_.-- ~. - 21 - The Planning Director then cautioned the Commission that, if he begins writing a request for proposals immediately, a consultant can probably be under contract in September; then the work could begin. He also reminded the Commission that the City-County Planning board has already developed the work plan for the upcoming fiscal year; and adding this as a . high priority item will dramatically change that work plan. City Manager Wysocki asked if the Commission wishes to have staff continue to bring zone code amendments to the Commission for action; Commissioner Frost responded that he does. Commissioner Stiff reminded the Commission that he walked North 7th Avenue when it was a tree-lined street; and he remembers Bozeman 50 to 60 years ago. He noted that a lot of people have come in and developed in a way that has people attempting to rectify the problems now. He stated, in the meantime, Bozeman is still a pretty nice place. He forwarded his concern that people with ownership of one acres or 1/5 acre are yelling loudly in an effort to control a whole section around them. Commissioner Stiff then stated he does not dispute the fact that these policies are . very important and should be developed; however, he recognizes the frustrations that City staff is facing. He reminded the Commission that the goals for the upcoming fiscal year have already been set; and the five top priority goals will place a burden on the City staff. He then suggested that if this is an important item, it be included in the goals for next fiscal year. Mayor Vincent noted that what the Commission is dealing with is growing pains, noting the City is feeling a lot of stress because of it. He stated that unless the City quickly develops criteria for protecting those items which are important to the community, they will no longer be there to protect. He stated that the Commission does have the Platting Act available to assist in this effort; however, he suggested that these proposed policies could make that process even easier and more consistent. He recognized that developing the policies will take money; however he feels that the costs of developing the policies will be less than the . impacts the community could face without them. Responding to questions from Mayor Vincent, the City Manager suggested that referring this item to the Planning Board, for incorporation into their work plan, would be the most appropriate step for the Commission to take at this time. 06-06-94 _. ___u___ ----- - 22 - Planning Director Epple reminded the Commission that the Planning Board has overseen development of the transportation plan, which took two years and $150,000; development of the design objective plans, which took eighteen months and $30,000; and the Parks, Open Space and Trails Plan, which was done with staff and volunteers, which took . eighteen months. He noted that those studies were done as a result of the 1990 Master Plan update. He then cautioned the Commission once again that raising these supplemental master plan studies to a critical status will result in moving other items which were previously identified as critical further down on the schedule. Commissioner Frost noted that everyone is feeling the impacts of growth. He further noted that the Commission has kept budget increases at a minimum over the past four years; and it may be time to expand the City's overloaded staff in an effort to more adequately address those impacts. He recognized that one of the concerns is that if the growth slows down, the various City departments will be overstaffed. He noted, however, that concern has been expressed for four years now; and the growth rate is not slowing down. Commissioner Frost then stated his concurrence with Mayor Vincent's comments . regarding protection of those things which are important to the community. He also noted the importance of leading the type of growth that the City wants, recognizing that will take staff and money to accomplish. Commissioner Stiff cautioned that he has seen growth spurts a number of times over the years. He predicted there will be an end to this growth spurt as well. Mayor Vincent noted that Patrick Jobes, an economist at the University of Montana, has determined that 80 percent of the population in Bozeman will turn over in five years; however, he has further noted that the population in Bozeman continues to increase. The Mayor stated this is a different growth pattern than what has been seen over the past thirty to forty years; and he does not anticipate it will change for several years because the driving force is "escapism" from the larger cities. He noted that people are seeking a better life and, . rather than just moving to the suburbs, they are moving to less populated states. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission direct staff to meet with the City-County Planning Board regarding the supplemental master plan studies, forwarding the importance of moving as quickly as possible. The motion carried by the following Aye and No vote: those voting Aye being Commissioner 06-06-94 - 23 - Frost, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck and Mayor Vincent; those voting No, none. Consent Items . City Manager Wysocki presented to the Commission the following Consent Items. Acknowledae receiDt of reauest to tie onto City sewer service - W. W. and C.W. Locke. 2119 Sourdouah Road; aDcroye subiect to five conditions contained in City Enaineer Brawner's memo dated May 26. 1994 Award bids; one (1) new 1994 4-wheel-driye commercial rotary mower which is road legal - Midland Imclement. Billings. Montana. in bid amount of $30.934.00; one (1) new 1994 commercial rotary mower with 72-inch cut - Turf-Aid Distributing. Inc.. Billinas. Montana, in bid amount of $10.600 - for Parks Division Reiect bid for installation of sians for residential neiahborhood carkina district; authorize staff to readvertise Commission Resolution No. 2977 - intent to create SDeciallmcrovement District No. 660 - imcrovements to Valley Unit Park; set cublic hearing for July 5. 1994 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 IMPROVEMENT DISTRICT NO. 660 FOR PURPOSES OF IMPROVING THE VALLEY UNIT PARK IN THE CITY OF BOZEMAN, MONTANA. Commission Resolution No. 2978 - intent to create SDeciallmcrovement Maintenance District No. 661 - maintenance of Valley Unit Park; set Dublic hearing for July 5. 1994 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 EXTEN DED SPECIAL IMPROVEMENT MAINTENANCE DISTRICT NO. 661 FOR PURPOSES OF MAINTAINING, PRESERVING AND CARING FOR THE IMPROVEMENTS TO VALLEY UNIT PARK TO THE CITY OF BOZEMAN, MONTANA. Commission Resolution No. 2979 - certifyina delinauent semi-annual assessments as of May 31. 1994 to the County . COMMISSION RESOLUTION NO. 2979 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, DECLARING DELINQUENT ALL SEMI-ANNUAL SPECIAL ASSESSMENT INSTALLMENTS DUE AND PAYABLE MAY 31, 1994, WHICH WERE UNPAID AS OF THAT DATE, AND DIRECTING THE DIRECTOR OF FINANCE TO CERTIFY THE SAME TO THE GALLATIN COUNTY TREASURER FOR COLLECTION. 06-06-94 - 24 - Authorize City Manaaer to sian - Aareement for consultant for waste manaaement consultina services - Scecial Resource Management. Inc (for household hazardous waste collection day set for June 11. 1994 Authorize City Manager to sign - Easement for Montana Power - 10-foot- wide easement along the northcrocerty line and adiacent to West Oak Street on the North 9th Avenue carkland located in Royal . Vista Subdivision (to allow for installation of overhead lines) Claims It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost and Mayor Vincent; those voting No, none. Recess - 5:30 c.m. Mayor Vincent declared a recess at 5:30 p.m., to reconvene at p.m., for the purpose of conducting the scheduled public hearings and completing the routine business items. . Reconvene - 7:00 C.m. Mayor Vincent reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings and completing the routine business items. Public hearing - Commission Resolution No. 2975 - intent to establish a 1994 Sidewalk Program and to order that sidewalks be installed in certain areas of Bozeman This was the time and place set for the public hearing on Commission Resolution No. 2975, intent to establish a 1994 Sidewalk Program and to order that sidewalks be installed in certain areas of Bozeman as approved by the City Attorney entitled: COMMISSION RESOLUTION NO. 2975 . A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, DECLARING THE CITY COMMISSION'S INTENT TO ESTABLISH A 1994 SIDEWALK PROGRAM AND TO ORDER THAT SIDEWALKS BE INSTALLED IN CERTAIN AREAS OF BOZEMAN, AS PROVIDED FOR IN SECTIONS 7-14-4109 AND 7-14-4110, MONTANA CODE ANNOTATED. Mayor Vincent opened the public hearing. 06-06-94 - 25 - City Manager Wysocki presented the staff report. He noted that the four streets involved in the 1994 Sidewalk Program would be: 1. North side of Kagy Boulevard between South 11 th and South 3rd Avenues; 2. South side of Durston Road between North 22nd and North 23rd . Avenues; 3. West side of South Willson Avenue, adjacent to Lot 13, Block 1, Thompson's Second; and 4. North side of West Beall Street, adjacent to Lot 1, Block 4, West Park Manor No.3. No one was present to speak in support of or in opposition to installation of these sidewalks, as listed. Mayor Vincent closed the public hearing. It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the Commission authorize and direct staff to bring back a resolution establishing the 1994 Sidewalk Program. 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. Public hearing - Zone MaD Amendment - establish initial zonina designation of R-3 on 1.51-acre Darcel located at southwest auadrant of future intersection of West Babcock Street and Fowler Avenue - Kerin & Associates for PC Development (P-9425) This was the time and place set for the public hearing of the Zone Map Amendment, as requested by Kerin & Associates for PC Development under Application No. Z-9425, to establish initial zoning designation of R-3, ResidentialnMedium-Density District, on a 1.51-acre parcel located at the southwest quadrant of the future intersection of West Babcock Street and Fowler Avenue. Mayor Vincent opened the public hearing. . Assistant Planner Lanette Windemaker presented the staff report. She noted that a copy of the written staff report had previously been distributed to the Commission; and that report contains the staff findings for each of the twelve criteria set forth in Section 76-2-304, Montana Code Annotated. Assistant Planner Windemaker reminded the Commission that the public hearing on annexation of this subject parcel was held three weeks ago. The parcel is surrounded by R-3 06-06-94 ~-........- -.--- .-. - 26 - zoning on three sides and a county zoning designation on the east. The extension of Fowler Avenue is to be constructed through the subject parcel, to provide access for a subdivision to the south, which PC Development also owns. The Assistant Planner stated that the master plan designates the subject parcel for . urban residential infill; and the requested R-3 zoning is appropriate. She then concluded her report by noting that, following its review of this application at its May 17 meeting, the Planning Board forwarded its recommendation for approval. No one was present to speak in support of or in opposition to this requested Zone Map Amendment. Since there was no Commissioner objections, Mayor Vincent closed the public hearing. There were no Commissioner objections to waiving the customary one-week waiting period for land use decisions, so the Commission proceeded to the motion and vote. It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the Commission approve the Zone Map Amendment, as requested by Kerin & Associates for PC . Development under Application No. Z-9425, to establish initial zoning designation of R-3, ResidentialnMedium-Density District, on a 1. 51-acre parcel located at the southwest quadrant of the future intersection of West Babcock Street and Fowler Avenue, contingent upon completion of the annexation process. 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. City Attorney Luwe noted that an ordinance enacting this Zone Map Amendment will be brought back for Commission action after the annexation process has been completed. Discussion - process and timeline for creation of sDecial imDrovement district for imDrovements to West Babcock Street . Commissioner Frost stated he had requested this item be placed on the agenda to get He noted that at one time Planning Staff had prepared a listing of staff moving on this item. the waivers of right to protest the creation of an SID for improvements to this street and asked that the listing be updated. He recognized that the City will need to work with the County on improvements to West Babcock Street as the project moves forward. 06-06-94 __.u____ .._____.___n_..._.__.. - 27 - City Manager Wysocki stated he is meeting with the County Commissioners tomorrow to discuss a number of items; and this is one of them. Mayor Vincent stated he also feels this is an important item. He noted that with the new subdivisions which have recently been approved along this road, upgrading it to City . standards is crucial and should be completed as soon as possible. Discussion - Dossible clacement of bond issue to implement croiects identified in transportation clan on the ballot Commissioner Stiff stated he requested this item be placed on the agenda, as a follow-up to the May 19 town meeting. He noted that, hopefully, when the City Manager meets with the County Commission tomorrow, one of the topics of discussion will be a local option gas tax. He stated that, while implementation of a gas tax might impact a decision on a general obligation bond issue, he feels it is important to move forward with a bond issue if that is the general consensus of the Commission. City Manager Wysocki stated that a conversation with the Montana League of Cities . and Towns revealed that a 1-cent-per-gallon local option gas tax would probably generate $400,000 in Gallatin County. He suggested that if the County were to place such a tax on the ballot and it were successful, some of those revenues could be used to accomplish projects such as improvements to West Babcock Street. He noted, however, that conversations about a local option gas tax seem to get bogged down when the method of collecting the revenues is discussed. He encouraged the Commission to be prepared to seek legislative change to allow municipalities to place a local option gas tax on the ballot if this set of discussions with the County proves unsuccessful, because he feels that the process could work for Bozeman. Responding to comments from Commissioner Stiff, the City Manager cautioned that the revenues from this source would be heavily dependent upon the amount of tourist travel and the number of students at Montana State University. . Mayor Vincent asked the Commissioners to provide their impressions of the town meeting, and whether they would support placing a general obligation bond issue on the ballot, and at what level. Commissioner Stiff stated that he didn't hear any violent objection to a bond issue 06-06-94 - 28 - during the town meeting. He then stated an interest in pursuing a bond issue in the amount of $5 million, so as many projects can be completed as possible. Commissioner Stueck stated he is less enthusiastic about placing a bond issue before the public now than he was four or five months ago. He stated the Commission has missed . the most advantageous interest rates that were available; and that low interest rate could have been a good selling point for the bond issue. He then characterized the town meeting at a 50/50 split. He indicated that, while he has more hesitations about the bond issue than he had before, he would support placing a on bond issue on the ballot. He emphasized that if the City decides to do so, it is imperative to address service clubs and other groups to educate people and encourage support. Commissioner Frost stated that more people supported and fewer people opposed a smaller bond issue at the town meeting. He noted his support for proceeding with a $3 million bond issue, eliminating the extension of North 7th Avenue and adding seven of the projects listed in the $4 million bond issue. He suggested that care must be taken in developing a list of projects to be funded through the bond issue, to ensure that neighborhoods and the . downtown area are protected and the pedestrians and bicyclists are accommodated. Commissioner Youngman stated that there was a lot of support for doing something to solve traffic problems expressed at the town meeting. She also noted there was very little specific opposition expressed pertaining to the bond issue. She then stated support for a $3 or $4 million bond issue. She concurred with Commissioner Frost that care must be taken to ensure that the downtown area is not negatively impacted and that traffic flow in the neighborhoods is not increased. She is also opposed to projects which are designed to primarily benefits those who are traveling to or from town. Commissioner Youngman then suggested that if the Commission wants additional community input before making a decision on the bond issue, one of the University departments could be retained to conduct a random telephone survey. She noted this could . be done inexpensively through the use of University students, yet it could be professionally done and have credibility if properly structured. Mayor Vincent stated he is in favor of moving forward with a general obligation bond issue. He also noted the importance of pursuing other funding options, such as a local option gas tax, because he is concerned about impacts on property taxes. He stated that would allow 06-06-94 -~- - 29 - the users of the infrastructure to help bear the costs, rather than just the property owners. He suggested that, since everyone is talking about renewing government, this next legislative session may be a good one in which to obtain approval for municipalities to place local option taxes on the ballot. He noted that if an alternative source of funding is found, some of those . monies could be used to reduce the burden of the general obligation bond issue; and that language could possibly be included in the ballot language. Mayor Vincent then stated his support for placing a $3 or $4 million bond issue on the ballot. He noted that would allow the City to save some of its bonding capacity for some other important issue that might arise. He also noted it may be beneficial to begin studying the feasibility of public transportation in Bozeman. Mayor Vincent suggested that selecting many smaller projects that could make a real difference in traffic flow would help ensure the success of the bond issue. He also noted the importance of selling the bond issue to the public. City Manager Wysocki noted that if the Commission wishes to place this item on the November ballot, it must be submitted to the County Clerk and Recorder's Office 75 days prior . to the election. He cautioned that that election is just after people have received their property tax notices; and that may impact the results. He then suggested that if the City were successful in getting a local option gas tax passed, it could consider selling a revenue bond issue instead of a general obligation bond issue. Mayor Vincent requested, in light of this discussion, that further discussion on a general obligation bond for transportation projects be placed on an upcoming agenda in the near future. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. . (1 ) Memo from Assistant City Manager Brey forwarding a draft ordinance providing for penalties within the neighborhood residential parking district and a draft resolution establishing the fees for parking permits. At the beginning of the meeting, a revised draft ordinance providing for penalties was 06-06-94 ---------.-..-- - 30 - placed before the Commission, along with draft ordinances for annexations to and a de- annexation from the neighborhood residential parking district. City Attorney Luwe stated the Assistant City Manager has proposed that the ordinance providing for penalties be placed on next week's agenda for first adoption and that . the resolution be placed on the same agenda for adoption. He noted the Assistant City Manager has further suggested that the Commission schedule public hearings on the proposed ordinances of annexation and de-annexation for June 20, after which it could take its first action to adopt the ordinances if it so chooses. Clerk of the Commission Sullivan asked the Commissioners for authorization to advertise for public hearings on the proposed ordinances of annexation and de-annexation; the Commissioners concurred. (2) Agenda for the Highway Commission meeting to be held at 8:30 a.m. on Thursday, June 9, at the GranTree in Bozeman. The City Manager noted that one of the items on the agenda pertains to Bozeman's Oak Street project and the use of Federal Aid Urban monies to fund it. . (3) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, June 7, at the Carnegie Building. (4) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, June 7, at the Courthouse, along with daily minutes for the week of May 23 and minutes from the public meeting of May 24. (5 ) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Tuesday, June 7, in the Commission Room. (6) The City Manager submitted his weekly report, as follows. (1) Announced that a break occurred in one of the water mains in a ditch in the center of the Montana State University campus over the weekend; and 640,000 gallons of water are now in the ditch. (2) Announced that four proposals have been received for a new telephone system; and staff must . now review those in preparation for interviews, which are scheduled to take two full days. (3) Stated he has authorized Director of Public Service Forbes to begin seeking a consulting engineer to serve as project manager for the City. He noted that, due to recent resignations, the Engineering Department will operate with one licensed City Engineer and one Engineering Technician, who is not licensed, for the remainder of the summer. (4) Announced that the 06-06-94 .. -.....----.-.. on ..._..._._ - 31 - Parking Commission will meet at 7:30 a.m. on Thursday, June 9, at Western States Insurance Company. (5) Announced that the Interagency Breakfast will be held at 7:00 a.m. on Wednesday, June 8, at the Baxter. (7) The City Manager noted that Commissioner Stueck has been working on the . project to improve the parkland and school district property in Valley Unit Subdivision to accommodate soccer fields and baseball fields. He stated that contributions have been received from various groups in the community; and those contributions will defray a majority of the costs incurred. He noted that soccer fields will be located where the school and possible expansion of the parking lot may occur, since development costs for those fields are minimal, while the baseball fields will be located primarily on City property. He noted that all improvements required by the zone code will be installed with this project, except that pin- down curbs will be used instead of continuous concrete curb because it is recognized that the parking lot will be expanded in the next few years. (8) Commissioner Stueck stated that at 1 :30 p.m. on Thursday, June 16, the Board of Adjustment will conduct a pUblic forum on the ballfields at Valley Unit. He stated that . Park Superintendent McNeil has recommended that an 8-inch well be drilled for irrigating the 14 acres which will be developed, at an estimated cost of $2,000, rather than using the City's treated water supply. He stated the County has contributed $10,000; the School District is contributing a like amount in the form of materials; and he may be seeking authorization to expend up to $10,000. He suggested that any City monies not used in this project could be used for development of the new park along the north side of Oak Street, which will hopefully be expanded to 25 acres with dedications of additional parkland in the near future. (9) Commissioner Frost stated that he attended the Montana League of Cities and Towns Board of Directors meeting on Friday. He noted the constitutional initiatives do not have near the number of signatures necessary to place them on the ballot, although that could change prior to the June 17 deadline. He stated that if all ballot issues received sufficient . signatures, there would be 187 issues on this year's ballot. Commissioner Frost indicated that in the afternoon, the League board met with the board from the Montana Association of Counties--the first joint meeting that anyone present could remember. He stated that they recognized the importance of the two organizations working together during the legislative session in an effort to get local options passed. He 06-06-94 .~~-- . --~~-'~~-~. -,~ - 32 - noted the innkeepers have also recognized that they should not have opposed the proposed increase in accommodations taxes; and have indicated a willingness to support the increase if local governments wish to pursue it. Commissioner Frost stated that it seems the Counties are not interested in pursuing . a local option gasoline tax because of problems in trying to split the proceeds equitably. He then emphasized the importance of trying to get the provisions of 1-105 lifted, particularly given the impacts it is having on some communities, or that local governments be given at least a cost of living increase. Concerns were also expressed about the state and federal mandates which have been implemented, particularly when local governments are not being provided any new services. (10) Commissioner Youngman submitted the following. (1) Enjoyed National Trails Day, noting she spent a portion of the day walking and cleaning up along the Sourdough Trail. (2) Thanked staff for the prompt response to the issues surrounding water and open space issues. (3) Noted that several busy people in the community have indicated a willingness to take time to assist the City in compiling information and developing a plan which will address . protection of identified wetlands and areas that should be retained as open space. (11 ) City Attorney Luwe stated that on Thursday, he and Barry O'Connell, the City's attorney in the Bozeman Solvent Site case, attended the meetings held by the Department of Health and Environmental Sciences. (2) Announced that he will compile background information on the Bozeman Solvent Site issue, for review by any interested Commissioners. (3) Stated that last week, the Police Department had its first third offense driving under the influence case; and the process for forfeiture of the 1980 Mercury Zephyr has been undertaken. He noted that not many police departments across the State have tried to use this new law; and staff is working through the problems resulting from poorly drafted legislation. (4) Noted that the draft ordinances forwarded by Assistant City Manager Brey include the new adoption language upon which the Commissioners had agreed. . (12) Clerk of the Commission Sullivan submitted the following. (1) Reviewed the agenda for next week's meeting. (2) Asked the Commissioners if they are interested in meeting with the Library Board of Trustees at noon on June 16. A majority of the Commissioners indicated they have conflicts with that proposed meeting time; and the Clerk indicated she will ask Library Director Steve Cottrell to reschedule the meeting. (4) Announced 06-06-94 ..._ .._ n. __ ____ _" _ ___ ______ -~_.. - 33 - that she has been working on finalization of the documents for bidding janitorial services for the upcoming two years. (5) Indicated that she has been involved in various processes regarding the proposals for a new telephone system. (6) Stated she has completed the minutes for the town meeting of May 19 and the regular meeting of May 31, noting they will be . included in next week's packets. (13) Mayor Vincent stated that he has had a hectic week, which included many meetings and preparing final grades for the seniors, since last week was the end of school for them. Adjournment - 8: 15 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Stueck, seconded by Commissioner Frost, that the meeting be adjourned. 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. . ATTEST: ~~ ROBIN L. SULLIVAN Clerk of the Commission . 06-06-94