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HomeMy WebLinkAbout1994-05-09 ccm MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA May 9, 1994 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, May 9, 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 - Mav 2. 1994 It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the minutes of the regular meeting of May 2, 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 hearing - Commission Resolution No. 2966 - intent to create SDecial Improvement District No. 659 - paving 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 ASPHALT 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. City Manager Wysocki requested that this continued public hearing be further continued to 3:30 p.m. on May 16, 1994, to allow him an opportunity to talk with the two 05-09-94 -- - _u - 2 - property owners who would be involved in this special improvement district in an effort to review alternatives. He reminded the Commission of his continued concern that it may not be possible to sell the bonds, even if the district were created, indicating that is one of his reasons for pursuing other alternatives. . It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the public hearing be continued to 3:30 p.m. on Monday, May 16, as requested by the City Manager. 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. Continued Dublic hearing - Zone Code Amendment - KBOZ and KZLO radio stations - amend Chapter 18.65 to allow "inflatable sians" in the B-1, B-2, B-3, M-1 and M-2 zoning districts (Z-9416) This was the time and place set for the continued public hearing on the Zone Code Amendment requested by KBOZ and KZLO radio stations, under Application No. 2-9416, to amend Chapter 18.65 to allow "inflatable signs" in the B-1 (Neighborhood Service District), B-2 . (Community Business District), B-3 (Central Business District), M-1 (Light Manufacturing District) and M-2 (Manufacturing and Industrial District) zoning districts. Mayor Vincent reopened the public hearing. Associate Planner Kevin Wall stated that during the past week, he has reviewed the information submitted during last week's portion of the public hearing. He noted one applicant has proposed some type of permitting system while the other applicant has indicated opposition to such a proposal. He suggested that an alternative may be to amend the special temporary use section of the code, creating a second tier of special uses. He stated that the section now provides for the issuance of special temporary use permits for special events, such as carnivals and circuses, with a duration of no longer than 72 hours. He suggested the second tier could be for smaller items which require a less intense review; and that tier could . include inflatable displays, such as those the radio stations use, and possibly the food vending vans which are found in private parking lots upon occasion. He noted that review could ensure that the display or vehicle is not parked in the sight triangle or in a driving aisle or required parking space. He stated that the fee structure could be revised to include a lower fee for these reviews; or an annual fee could be considered for items such as the inflatable displays 05-09-94 _0.- _.--- .---- --- . -- ." _.- ..".... - 3 - that might be used on a regular basis at various locations throughout the community. He noted that if the display were to be placed at a location for which a drawing had not been previously submitted, a new drawing could be provided to the Planning office to ensure that the criteria contained in the code are met. . The Associate Planner suggested that the inflatable devices which are the subject of this request zone code amendment could possibly be more appropriately accommodated under the special temporary use section of the zone code rather than under the sign code. He reminded the Commission that if this is the approach they choose, a new zone code amendment process must be started. Responding to Commissioner Stueck, the Associate Planner suggested it would be more difficult to accommodate the inflatables under the sign code than it would be under the special use permit portion of the general provisions in the zone code. Responding to Commissioner Frost, Associate Planner Wall stated that a time limit on the special use permit could be included in the zone code amendment, if the Commission directs staff to include it. He noted that the current time limit for special uses, which include . carnivals and circuses, is 72 hours. Commissioner Frost stated a willingness to consider a special temporary use permit, with a time limit. He noted that portable signs with flashing lights were eliminated because they are designed to draw attention, which is essentially the same reason that people want to use these inflatable devices. He agreed that a lower fee would be appropriate; however, he also recognized it is important to consider the amount of staff time that may be involved in processing these applications and keeping track of the permits. Commissioner Youngman stated support for an annual permit fee, if it is determined feasible, as well as a single use fee. Commissioner Stiff stated his support for an annual permit fee, noting it would be much less complicated than obtaining a permit for each use. . Responding to Mayor Vincent, the Associate Planner estimated that a new zone code amendment process will take approximately two months. He stated that in the meantime, the applicants can still use their inflatables under the special temporary use permit procedure that exists in the zone code. 05-09-94 -- -.-----.. ---..- . _" _ _n_ - 4 - Responding to Commissioner Stiff, the City Manager noted this is a zone code amendment process; and there is no way to sidestep the process that has been established. He further reminded the Commission that after the zone code amendment process has been completed, the amendment must be brought back in ordinance form, which takes an additional . sixty days to complete. Mr. Bill Reier, Sr., owner of KZLO radio station, forwarded his frustration with the process. He noted that on January 28, his radio station received a Cease and Desist Order which classified his inflatable as a sign; and today, it appears the City position is changing and that the inflatable is not a sign. He stated that his inflatable does not impact the health or safety of the residents of the community. He then stated that he does not support the idea of a special use permit at all. He stated that his radio station has lost five months of using the inflatable for promotions, during a vital time in the station's growth. He maintained his position that the inflatable is not a sign, noting that, in spite of that, he has tried to be a good citizen and follow the rules. He then emphasized the fact that he is upset and characterized the process as "ridiculous". . Mayor Vincent emphasized the fact that the Commission has not yet made any type of determination on how inflatables are to be addressed, and that there has been no change in the City's position to this point. He recognized that the City staff has offered an alternative for the Commission to consider; however, he noted the Commission's decision is final and is yet to be made. City Manager Wysocki noted the requested zone code amendment was to amend the sign code portion of the zone code to allow inflatables as signage. He further noted the staff's recommendation is for denial of that requested amendment. Mr. Bill Reier, Jr., stated that this process has been "incredible" and "ludicrous". He then highlighted portions of the written response, dated April 18, which was forwarded at the Planning Board meeting; and a copy of which had been forwarded to the Commission. He . stated that he feels sufficient testimony has been submitted to refute the concerns raised by staff; and he believes the requested amendment is appropriate. He stated that the inflatable does not pose any threat to the general health, safety and welfare of the community; and he believes that it actually provides a benefit, particularly for community oriented activities and fundraisers. 05-09-94 -----... -.- -- - 5 - Mr. Reier, Jr., reiterated his position that their inflatable, "Scooter", is a temporary attraction, not a sign. He noted that in a typical week, the inflatable might be set up twice, in private parking lots where they do not negatively impact people's health or safety. He also indicated he does not believe that this attraction will lead to any vehicle accidents; and the . public will not comment on it negatively like they might about an unattractive sign for a business. Mr. Reier, Jr., then asked the Commissioners to make a decision on this zone code amendment, stating their reasons for casting their votes, so that he can make a determination on how to proceed. Responding to Commissioner Frost, Associate Planner Wall stated he believes the call letters for the radio stations are included on the inflatables. He then stated that, regardless of the perception, these inflatables are actually classified as a sign, as defined within the zone code. City Attorney Luwe noted that under the existing zone code, these inflatable balloons would be classified as signs. Also, under the City of Billings ordinance, they are classified as . signs; and that is the basis upon which the original zone code amendment request was made. He stated that Associate Planner Wall has given the Commission an alternative for possible consideration, which would involve amendments to a different section of the zone code plus minor changes to the sign code chapter. Responding to Commissioner Youngman, the Associate Planner stated that temporary sign permits are issued by the Code Compliance Officer. He then stated that staff recognizes that the inflatables are different from the conventional sign; and they are extremely large structures in themselves. He then stated that the temporary sign permit could be revised to accommodate them; however, he feels that the special temporary use permit portion under the general provisions of the zone code might accommodate these inflatables and some of the other uses as well. . Since there was no Commissioner objections, Mayor Vincent closed the public hearing. There were no Commissioner objections to waiving of the customary one-week waiting period for land use decisions, so the Commission proceeded to the motion and vote. 05-09-94 ---.---.-.- ..---..-.---.. --..--. .".- -,,- - -_._~-- .~_. - 6 - Commissioner Stueck stated he would like to see a single annual permitting process developed, under which the maximum length of time would be established and acceptable locations would be determined. Commissioner Frost stated he feels that inflatables are actually large portable signs. . He noted they are not only large, but they are noisy as well. He then stated a willingness to consider a different zone code amendment, as suggested by staff. Commissioner Youngman stated that, no matter what one might call an inflatable, it is a marketing device. Its primary purpose is commercial, promoting the radio station and attracting more listeners; and that translates into selling the radio station. She noted one of the two original applicants has submitted a proposal for the special temporary use permit; and the other applicant indicates his opposition to that concept. She stated that, while she does not support any process that will create unnecessary paperwork, she feels this process could result in ensuring the public safety through a simplified process. She noted that if an inflatable is allowed to be up two days a week and there are two or three inflatables in the community, conceivably an inflatable could be up four to six days a week. She emphasized the importance . of taking the steps necessary to ensure that inflatables are allowed at a reasonable level, so the community is protected. Commissioner Youngman then stated she does not support the zone code amendment as submitted because it allows for inflatables to be set without a permit. She stated that with a permitting process, staff can take the steps necessary to ensure that public interests are considered. Mayor Vincent stated his interest in seeing staff pursue the type of zone code amendment which Associate Planner Wall proposed, taking steps to ensure that the interests of the community and the interests of the radio stations are balanced. He stated that a lower level permit, with a lower fee, could probably attain the desired result. Responding to Commissioner Youngman, the Associate Planner stated that the . inflatables can still be used under the special temporary use permit process. He emphasized that the reasons a Cease and Desist Order is issued include: safety issues such as guy lines strung across the sidewalk, the inflatable was installed without a permit, a generator was placed in the driving lane or in the street, or the inflatable was erected on a median. 05-09-94 -------- ___... __. .____.u_..__.. __._...__._____..__..___ ___...____._.._u.______ . - -.. --- .--..--..- ..... -.- ~ ..- - 7 - It was moved by Commissioner Stueck, seconded by Commissioner Stiff, that the Commission approve the Zone Code Amendment requested by KBOZ and KZLO radio stations, under Application No. Z-9416, to amend Chapter 18.65 to allow "inflatable signs" in the B-1 (Neighborhood Service District), B-2 (Community Business District), B-3 (Central Business . District), M-1 (Light Manufacturing District) and M-2 (Manufacturing and Industrial District) zoning districts. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Stiff and Commissioner Stueck; those voting No being Commissioner Youngman, Commissioner Frost and Mayor Vincent. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission deny the Zone Code Amendment requested by KBOZ and KZLO radio stations, under Application No. Z-9416, to amend Chapter 18.65 to allow "inflatable signs" in the B-1 (Neighborhood Service District), B-2 (Community Business District), B-3 (Central Business District), M-1 (Light Manufacturing District) and M-2 (Manufacturing and Industrial District) zoning districts; and authorize and direct staff to bring back a proposal for changes to the special use section of the zone code, to include the same criteria currently contained in that . section, with stripped down procedures and a provision for an annual permit fee as well as a single use permit fee. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman and Mayor Vincent; those voting No being Commissioner Stiff and Commissioner Stueck. Preliminary Plat review - Courtyard Cottaaes Subdivision -Ileana Indreland. Michael Delaney and Diamond Productions - to subdivide 37.781 acres into 121 single-family residential lots - NE%, Section 10. T2S. R5E. MPM (east of Ferguson Avenue between West Babcock Street and Durston Road) (P-9411) This was the time and place set for the review of the Preliminary Plat for the 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 property is more commonly located along the east of Ferguson Avenue between West Babcock Street and Durston Road. 05-09-94 .. .. "'~ . ~.." .- ~._" -. .. ..".. ~ _ '~r'.. ~__~ ~ _.. .~._ .~.~. . .-. "-.~ .--..- .- ..~ ._---~ - 8 - Assistant Planning Director Debbie Arkell presented the staff report. She stated that the City-County Planning Board conducted the public hearing on this preliminary plat application at its April 19 meeting; and the record from that hearing has been forwarded to the Commission for final action. . The Assistant Planning Director reminded the Commission that at last week's meeting, they approved a zone map amendment for 7.0 acres in the northwest corner of the subject parcel, from B-1, Neighborhood Commercial, to R-2, Residential--singl e-family, medium-density; and that amendment allows this application to proceed. Assistant Planning Director Arkell stated that the applicant's proposal is for development of the proposed subdivision in three phases, with the first phase extending from West Babcock Street to Cascade Street, and containing 48 lots; the second phase extending approximately two-thirds of the remaining distance toward Durston Road, and containing 60 lots; and the third phase extended to Durston Road, and containing 14 lots. Cascade Street is to be extended from its current terminus to Ferguson Road in conjunction with Phase I; and no secondary access is proposed in conjunction with Phase II. . The Assistant Planning Director reviewed the various subdivision proposals that have been forwarded during the review process, beginning with the pre-application plan, which included 124 lots, a private street and no through street from West Babcock Street to Durston Road. The second plan submitted included 121 lots, a through street from West Babcock Street to Durston Road and the extension of Cascade Street from its terminus to Ferguson Road. She noted that staff also preferred to see Broadwater Street extended through the subdivision to Ferguson Road; however, the applicant has chosen not to do so. Also, under this plan, a 60-foot-wide right-of-way is to be provided for Courtyard Avenue and Cascade Street. The original plan was for 16 private cul-de-sac streets constructed on a 50-foot-wide rights-of-way; however, that could only be accomplished through the Planned Unit Development process. Since the PUD process also requires the provision of 30-percent open . space, the applicant has chosen to construct the cul-de-sacs as public streets on 60-foot-wide rights-of-way. The Assistant Planning Director stated that staff has asked the applicant to redesign the plan with the wider right-of-way for the cul-de-sac streets because of the impact that additional 10 feet of right-of-way may create on adjacent lots and the possible need for 05-09-94 - 9 - realignment of some lots to ensure the minimum lot size is met. She noted that, to date, the applicant has elected not to provide a revised plan. Assistant Planning Director Arkell stated that staff reviewed this application in light of the five criteria set forth in the Subdivision Regulations; and the staff findings are contained . in the written staff report which had been previously included in the Commissioners' packets. She noted that the Planning Board reviewed the application in light of those same five criteria during the pUblic hearing held on April 19. She noted that at that time, there was no public testimony except the applicants. The Assistant Planning Director stated that the staff report forwards a recommendation for denial of the preliminary plat because of the identified detrimental effects that the construction of sixteen cul-de-sac streets would create for maintenance purposes as well as for emergency vehicles. She also noted this proposed subdivision does not provide for a continuation of the road system that exists in the Valley Unit Subdivision, which is also a concern when considering the transportation network for the community as a whole. She also reiterated her concern about the number of changes that have been made in the proposed plan . during the review process, stating it has created a difficult situation for staff. Assistant Planning Director Arkell stated that, after reviewing the staff report and listening to the applicant's presentation, the City-County Planning Board determined it appropriate to approve the preliminary plat, subject to 34 conditions which were prepared on the spot. She then distributed to the Commission a memo, dated May 6, forwarding recommended revisions to some of those conditions, as a result of staff having an opportunity to review the conditions as drafted at the Planning Board meeting. She carefully reviewed those changes, noting they were forwarded to the applicant's representative in Friday's mail. The Assistant Planning Director stated that, in addition to the 34 conditions, the Planning Board recommends that the Commission grant two variances: (' ) From street design standards to allow substandard streets with . 50-foot-wide rights-of-way and 70-foot radius cul-de-sacs; and (2) From the block length requirements to allow the block length from Cascade Street to Durston Road to exceed the ',300-foot maximum length; and to allow the cul-de-sac streets to be placed closer than the minimum 350-foot separation. Assistant Planning Director Arkell stated that, since the Planning Board meeting, Mr. Ken LeClair has brought to her attention the fact that the Broadwater Street right-of-way ends 05-09-94 .--- ---.-.. ---.--- -- -----.-.-- - 10 - about 85 feet short of the property line of this proposed subdivision. She stated he has also expressed his concern about this because his Spruce Meadows development fronts on Broadwater Street, which serves as the access to those homes. She noted that the original plans for the Valley Unit Subdivision show Broadwater Street extending to Ferguson Road; and . staff would recommend that the extension of that street be required if this proposed subdivision is approved. She stated this would not only assure access to Mr. LeClair's development, but would eliminate any need for rerouting of the water mains, as requested by the applicant. The Assistant Planning Director noted that in the most recent plan forwarded by the applicant, two small park/open spaces are proposed along the south end of the project, one in the divided street entrance to the subdivision and one at the southwest corner. She also noted a storm detention area is set aside on the north end of the subdivision. Responding to Commissioner Frost, the Assistant Planning Director stated that under Condition No.8, the applicant would be required to install curb, gutter and sidewalk on Durston Road adjacent to this subdivision. She recognized that this would result in only one small stretch of Durston Road having City standard improvements. . Further responding to Commissioner Frost, the Assistant Planning Director stated that one of the conditions recommended for approval would require this subdivision be constructed in two phases, to avoid the potential of a long street with a barricade at the end of it and no secondary access. Responding to additional questions from Commissioner Frost, the City Manager stated that, because of the uncertainties surrounding the sale of special improvement district bonds, he feels it is important for the City to have an alternative commitment to participate in funding of certain projects, on a prorata basis. Commissioner Frost then suggested that Condition No. 25 be revised to include requirement for more stop signs, to ensure that traffic is slowed as it moves through this subdivision. . In further response to Commissioner Frost, the Assistant Planning Director stated that the variance to the 1 ,300-foot maximum block length is for just over 100 feet, which means that block is just over 1,400 feet long. She then indicated that the right-of-way for each half of the divided Courtyard Avenue, as it goes around the pavilion, is 32 feet wide. 05-09-94 ------- .....- - ---. ---- --.- ------ - - 11 - Responding to Commissioner Youngman, the Assistant Planning Director stated that neither the City Engineer nor the Street Superintendent suggested the installation of stop signs on Courtyard Avenue at Cascade Street to slow traffic and break the long stretch between West Babcock Street and Durston Road. . At Commissioner Youngman's request, the Assistant Planning Director reviewed the proposed width of the cul-de-sac streets. She noted that the proposal is for 50-foot-wide right- of-way with 28-foot-wide paving, curb, gutter and sidewalks and no parking along the streets. The cul-de-sacs are to be constructed on a 70-foot turning radius. Under the City's snow removal policy, cul-de-sac streets are typically done after gridded residential streets. Responding to Commissioner Stiff, the Assistant Planning Director stated that, instead of requiring the applicant to sign a waiver of right to protest the creation of a special improvement district for improvements to Ferguson Road, staff is recommending that the applicant be required to improve the road in conjunction with this preliminary plat. At Commissioner Stiff's request, City Attorney Luwe briefly addressed the issue of impact fees. He stated that the City cannot require the applicant to pay into an escrow . account for future impact fees under the subdivision process. He noted, however, that if impact fees are imposed on the building permit before this subdivision is fully built out, then those impact fees could be assessed against those properties not yet developed after the fees have been established. Mr. Don McLaughlin, architect representing the applicant, distributed to the Commission a paper entitled Discussion Points, dated May 9, which he reviewed. He recognized that this proposed subdivision follows a different format from most subdivisions, which is causing problems for staff during the review process. He suggested that this subdivision will provide a high level of quality. He noted that the conditions recommended for approval of this subdivision reflect the fact that this subdivision is being compared to a grid solution rather than being considered as a design solution, on its own merits. . Mr. McLaughlin stated this subdivision proposal is based on other developments which presently exist in the Rocky Mountain region. He showed the Commission a display of photographs taken in a subdivision in Boulder, Colorado, noting that, while the subdivision does not have any cul-de-sac streets, it has been developed in a manner that creates a sense of community. He stated that is the type of feeling he has tried to develop when designing this 05-09-94 - 12 - proposed subdivision. He noted that the cul-de-sac streets are approximately 140 feet long, which is shorter than the distance allowed. He also noted that, because of the short length of the streets, it is not necessary for a fire truck to pull into a cul-de-sac street to provide services to those residences. . Mr. McLaughlin then showed the Commission a rendering of how the subdivision is proposed to develop. He emphasized the importance of promoting a neighborhood feel, stating he envisions a subdivision similar to the older historic neighborhoods. He noted that a pavilion is proposed at the West Babcock Street entrance to Courtyard Avenue; and that pavilion would be available to anyone living in the neighborhood. Mr. McLaughlin stated that with the cul-de-sacs, traffic should move much slower through the neighborhood. He also noted that traffic circles are proposed at some of the intersections to discourage through traffic and bullnose sidewalks at each of the intersections will make the subdivision more pedestrian friendly while further constricting vehicular movement. Mr. Don McLaughlin stated that in this proposal, .6 acre is set aside in two separate . parcels for parkland purposes. He noted that this does not meet the. 7 acre requirement; therefore, a cash-in-lieu payment will be needed in addition to this parkland dedication. He noted that both of the parkland areas are at the perimeters of the development and are easily accessible for the public. Mr. McLaughlin noted that the cul-de-sac streets provide for a variety of lot sizes and shapes. He showed the Commission an artist's rendering of how he anticipates those lots might develop into an attractive subdivision. Mr. McLaughlin stated that, as a result of the City-County Planning Board hearing, he is once again proposing a three-phase development of the subdivision, with different phase lines. He stated that Phase I would include the six lots at the entrance to the subdivision from West Babcock Street; Phase II would extend to Cascade Street; and Phase III would be from . Cascade Street to Durston Road. Mr. Don McLaughlin stated that he received the staff's recommendations for revisions to the conditions in today's mail delivery, which is after lunch. He noted, therefore, he is not prepared to respond to those recommendations at this time. 05-09-94 -----...-..........-.. ,. --------- u___.______ -----------.. .....,. ---- - - - - -- - .. - 13 - Mr. McLaughlin stated that, based on comments received from the Planning staff and the Planning Board during this review process, he plans several revisions in the final plan for this subdivision. Mr. Don McLaughlin noted that mail will not be delivered on the cul-de-sac streets. . Instead, a clustered mail box system is proposed near the intersection of Courtyard Avenue with the cul-de-sac. With the bullnose intersections, residents can park at the mail box and pick up mail safely, then proceed to their homes. Also, with the short cul-de-sac streets, no names are proposed for those streets, rather the houses will have Courtyard Avenue addresses, which will allow people to readily locate homes within the subdivision. Mr. Rick Kerin, consulting engineer, noted he was involved in the design of the original Valley Unit Subdivision, which included this subject parcel. He suggested that it is not necessary to extend Broadwater Street through this subdivision, as recommended by the Planning staff, particularly since West Babcock Street, Cascade Street and Durston Road all provide east/west access. Mr. Kerin acknowledged that the proposed subdivision deviates from the gridded . layout that was proposed in the original Valley Unit Subdivision; however, he believes this is an efficient layout. He indicated that the proposed cul-de-sac streets are 32 feet wide, back-of- curb to back-of-curb, while the City standard is 37 feet wide. Mr. Kerin stated the water distribution system has already been looped from Ferguson Road to the terminus of Broadwater Avenue, as a part of the original Valley Unit Subdivision development. He noted that under this proposal, the water main would be relocated to Courtyard Avenue, with realignment of the extension from Broadwater Street to Courtyard Avenue. Mr. Kerin stated that under this application, the developer proposes to leave the stream open along the Ferguson Road side of the subdivision, even though it has been piped further south. He noted that in this subdivision, the homes are backed up to Ferguson Road, . with no access to be provided onto it. He further noted that the 35-foot streambank setback and the 25-foot setback from Ferguson Road are compatible and will not create any problems with locating a home on those lots. Mr. Kerin then recognized there are some deficiencies in the plat as submitted. He noted, however, that they will be addressed on the final plat. 05-09-94 - 14 - Mr. Kerin noted that sidewalks along Durston Road make sense, particularly since that road is designed to collector standards. He cautioned, however, that if this is the only portion of Durston Road that has curb, gutter and sidewalk, a transition from that format to the County standard which exists on the remainder of the road must be provided. . Mr. Kerin expressed concern about the proposed condition to require approval from the Farmers' Canal Company prior to any work on the stream, noting it is often difficult to obtain any type of response from them. He asked that the condition be reconsidered, since the developer has no control over the Company's failure to respond. Mr. Kerin stated he anticipates that improvements to Ferguson Road will occur very quickly because another developer is interested in development along the west side of that roadway in the near future. Commissioner Frost raised questions about the location of street trees along Ferguson Road if the Farmers' Canal is maintained as an open stream. He also asked how that might impact snow removal. Mr. Kerin suggested that trees could be strategically planted without any problem. . He then indicated that the ditch does not contain water on a year round basis; so he does not anticipate any problems for snow removal. Commissioner Frost expressed concern about the length of Courtyard Avenue; however, he noted the bullnose intersections may help to mitigate some of his concerns. Commissioner Stiff expressed concern about the fact that the Commission has just received staff's memo with the recommended revisions. Responding to questions from Commissioner Frost, Assistant Planning Director Arkell stated that the Director of Public Service and the Acting Fire Marshal have requested that no parking be allowed on the cu-de-sac streets based on the plat, which shows those streets are to be 28 feet wide. Mr. Don McLaughlin responded that the cul-de-sac streets are designed to be 32 feet . wide. He then compared that to the 33-foot width of South 7th Avenue and the 27-foot width of West Koch Street, noting those measurements are also back-of-curb to back-of-curb. Commissioner Frost stated his interest in allowing parking on both sides of the street whenever possible, because it tends to create a more constricted area and thus slows the speed of traffic. 05-09-94 . 15 - Responding to Commissioner Stueck, the Assistant Planning Director stated that staff has recommended the extension of Broadwater Street to Ferguson Road to provide another east/west street through the area. She also noted it will provide access over the existing water main and access to the Spruce Meadows Condominiums. She recognized that access to . Spruce Meadows Condominiums and a realigned looped water system can be accommodated under the applicant's proposal, which leaves one unresolved issue. City Manager Wysocki expressed concern that without the street network staff is proposing, traffic will be pushed onto Yellowstone Avenue and West Babcock Street, which is already severely impacted. He noted that the first traffic signal in that immediate area will probably be installed at Ferguson Road and U.S. Highway 191; and traffic should be encouraged to move toward Ferguson Road instead of West Babcock Street. Commissioner Stueck noted that Ferguson Avenue is to be developed to a collector street standard. He questioned, however, why another cross street should be extended through this subdivision when attracting traffic through a subdivision is not desirable. Mayor Vincent stated his overall concern is West Babcock Street. He feels that, with . the amount of development that is occurring in that portion of the community, the issues pertaining to that roadway must be addressed. He stated that, unless it can be demonstrated that those impacts are being mitigated, he will have difficulty supporting this proposal. Mayor Vincent stated support for the traffic circles proposed along Courtyard Avenue; however, he suggested that additional circles should possibly be considered toward the southern end of the street. He expressed concern about extending Broadwater Street through the subdivision, because he feels through streets compromise the integrity of a neighborhood. He concluded by stating support for the general layout, which places the priorities on people and neighborhood rather than on vehicular circulation. Responding to questions from the City Manager, Assistant Planning Director Debbie Arkell stated that the divided street around the pavilion is to be located in a 32-foot-wide right- . of-way and includes pavement, curb and gutter, and sidewalk along the lot side only. She stated that since the street is a one-way street at that point, a narrower pavement width is allowed. City Manager Wysocki forwarded staff's frustration in trying to evaluate this proposed subdivision. He noted that plans have changed through the process; and the measurements 05-09.94 _n ~_.,__.. .,~~___,.__ - .'-_.. .-- - .--- ~'...""......._-'" --~-"- -.-. - ~-- - 16 - have changed as well. He also questioned the wisdom of granting variances which were not requested by the applicant, simply because what was proposed does not meet standards. Responding to Commissioner Frost, Assistant Planning Director Arkell stated she still has some questions about measurements. She noted that she received the latest proposal at . 3: 1 0 p.m. today; and she has not had an opportunity to review that plan. Commissioner Frost then forwarded his discomfort in making a decision on an application when there are so many unanswered questions. Mayor Vincent suggested that, before the Commission makes a decision, the applicant's representatives and the staff meet and resolve the unanswered questions. He also asked that the differences in measurements be resolved, with everyone agreeing on the basic elements of the plat. Commissioner Youngman agreed, noting that those discussions and subsequent agreements could result in some additional revisions to the recommended conditions. She then indicated that she feels the overall plan is a good one that promotes neighborhood and slows the traffic flow. . Responding to questions from the applicant's representatives, the Commission indicated that they are to work from the existing plans, recognizing that much of the confusion about this plan has been created by the number of plans forwarded and the differences in measurements on those plans. City Manager Wysocki noted that one of the objectives of this design is to reduce the number of cars within the subdivision. He stated, however, that provisions must be made for those cars which do enter the subdivision. He suggested that it may also be necessary to provide an area for parking of extra vehicles owned by residents within the subdivision, such as recreational vehicles and extra cars. He further cautioned that the City has a local street standard of 37 feet wide; and that is the standard with which the developer must work. Responding to Mr. Kerin, the City Manager indicated that cost estimates for . improvements to Ferguson Road have not yet been developed. Mayor Vincent reiterated his position that West Babcock Street must be addressed. He noted that, while the traffic volumes do not reflect a problem, the conflicts between vehicles, bicycles and pedestrians do create a definite problem. He noted that is one of the criteria upon which he must base his decision. 05-09-94 - --------.. ------------- - 17 - Commissioner Frost stated his concurrence with the Mayor's comments. He stated that, while he supports narrower neighborhood streets, he does not support narrower arterial streets. City Manager Wysocki expressed concern about the proposal to place a traffic circle . on the only east/west street through the subdivision, suggesting that could also push traffic to West Babcock Street. Commissioner Stiff stated he is concerned about Broadwater Street, Ferguson Road and Durston Road. He emphasized the fact that the problems on West Babcock Street are real and must also be considered. Mr. Rick Kerin reminded the Commission that the subject parcel is designated as urban residential infill in the master plan. He further reminded the Commission that this parcel was a part of the previously-approved Phase III of the Valley Unit Subdivision. He recognized that the problems on West Babcock Street are real; however, he suggested that the extension of Fowler Avenue and the traffic signals planned along West Main Street/U.S. Highway 191 should alleviate some of those problems. . Assistant Planning Director Arkell reminded the Commission that the City has 60 days in which to take action on a preliminary plat from the date of application. She stated that, as the applicant has already agreed to an extension, the Commission must act no later than May 23. She expressed concern that staff may not be able to meet with the applicant and provide adequate responses by that date. At the Commission's request, Ms. Ileana Indreland granted an extension through May 31, to allow staff an adequate opportunity to meet with applicants and prepare a recommended set of conditions for approval of the subdivision. Decision - reauest for Dermission to extend City sewer service to Fort Ellis leisure Community - Planned DeveloDment. Inc. (Bozeman Trail Road/Canary lane) . Due to the late hour of the meeting, it was moved by Commissioner Youngman, seconded by Commissioner Stiff, that this item be deferred until next week's meeting. 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. 05-09-94 ---..--.--. - 18 - Status reDort re tax increment financing Drogram - Assistant City Manaaer Brev Included in the Commissioners' packets was a memo from Assistant City Manager Ron Brey to the City Commission, dated May 6, 1994, forwarding a brief update on the possibility of using tax increment financing in Bozeman, along with general information on the . subject, information to various programs in existence around the state, and a copy of an article from the February 1994 issue of the Governing magazine. Assistant City Manager Brey briefly highlighted the information he had submitted to the Commission. He noted that most of the programs in Montana are now twelve to thirteen years old and have become stable. He noted that in Billings, the program generates $3.6 million annually. He cautioned that, as reflected in the article from Governing magazine, creating a tax increment financing program at this time would be extremely difficult, particularly in light of the controversies surrounding property taxes. The Assistant City Manager stated that, to implement a tax increment financing district, someone must first review the area targeted for redevelopment for "blight" conditions, as defined in the statute. He emphasized the fact that the statutory definition of "blight" is . entirely different from Webster's definition; however, he cautioned it can still be an emotional process for the property owners involved. He stated that obsolescence of facilities, sidewalks which need repair, buildings not meeting code standards and buildings not meeting ADA requirements are the types of items that lead to designation of an area as "blighted" under the statutory provisions, making the target area eligible for tax increment financing. The Assistant City Manager reminded the Commission that in 1981, an urban renewal program was considered in Bozeman; and the issue of "blight" was one of the primary factors in the opposition's position. He noted that program was not adopted because of the lack of support within the target area. Assistant City Manager Brey stated that under a tax increment financing program, the assessed property valuations for tax purposes are frozen at the current level, for a period of . fifteen years under the current statutory provisions. The property tax monies for all entities involved are frozen for that period of time, with the difference being deposited into a separate tax increment financing account. The monies which collect in that account can then be used for public infrastructure and encourage private redevelopment within the target area. 05-09-94 --------- --.- - .- ------ .- .. -. -.......-..-. ... ..-- - 19 - The Assistant City Manager stated that Bozeman is in a unique situation because the property values have continued to increase, while the trend for several years was a decrease in values in the downtown area. He noted that many private individuals have also upgraded their properties over the past few years; and that process has been self-driven and self- . perpetuating. He noted that if the City of Bozeman chooses to implement a tax increment financing district, the trend of property values will need to be forecast, and monies set aside to repay the County and the School District for the tax revenues they will lose as a result of the district. The Assistant City Manager noted that, in light of the property tax reform petitions which are in process, it would be extremely difficult to try to implement a tax increment financing district at this time. He stated that if a district were created and the property taxes were rolled back to 1986 levels, as one of the petitions suggests, the increment would be eliminated. He also cautioned that through a tax increment financing district it is possible to float a bond issue for major improvements, with the increment being use to retire that debt. Under the current circumstances, it would be extremely difficult to project whether an . increment would be available to cover the debt retirement. Mayor Vincent noted that, in addition to the two constitutional initiatives which may appear on the ballot, the upcoming legislative session could result in changes which would dramatically impact tax increment financing districts, particularly those which have been newly created. Mr. Larry Bowman, part owner of Owen house and member of the Parking Commission, stated the Parking Commission is very interested in pursuing a tax increment financing district as a method of obtaining monies to fund additional parking in the downtown area. He noted that parking problems currently exist; and under the transportation plan update, the removal of some of the current parking spaces is proposed for safety reasons. He noted that while those reasons are valid and the parking spaces should be removed, it will only . compound the problems encountered. Mr. Bowman stated that monies from a tax increment financing district could be combined with other sources of revenue to address the parking issues in the downtown area, particularly since the downtown is healthy and growing, thus placing an even greater demand on available parking. He concluded by noting that if the City had implemented a tax increment 05-09-94 - 20 - financing district when other communities in Montana did, many of the existing infrastructure problems would not exist today. The Commission thanked the Assistant City Manager for the update. . Continued discussion - DreDaration for town meetina scheduled for 7:00 D.m. on Thursdav. Mav 19 Included in the Commissioners' packets was a tentative agenda for the town meeting to be held at 7:00 p.m. on Thursday, May 19, 1994, in the Choral Room at Bozeman Senior High School, as prepared by Mayor Vincent, along with financial information as prepared by Administrative Services Director Gamradt. City Manager Wysocki distributed information to the Commission regarding possible projects to be funded through a general obligation bond issue. Mayor Vincent noted the substantial amount of information which the Commission has received. He then suggested that, due to the late hour of this meeting, as much of this discussion be deferred to next week as possible. He then asked that the financial information be revised to include the impacts of retiring the debt on the new middle school, even though . that cost has not yet been assessed. Mayor Vincent then distributed copies of a draft press release, which he suggested could be distributed to the newspaper, television and radio stations. Following a brief discussion, it was determined that a display ad would be more appropriate than a press release, and would ensure that the City has control over what is published. The Commission then directed the Clerk of the Commission to prepare the display ad, for publication on two or three dates; and, further to prepare a press release to be forwarded to the television and radio stations. Commissioner Stiff asked that a tabulation of how the Valley Unit receivables are to be used be included in the information made available to the public at the town meeting. . The City Manager noted that he had begun to prepare a colored map showing where the different projects are located, however, he has not yet completed the process. Commissioner Youngman suggested that the tentative agenda be revised so that the Commissioners' comments are forwarded after the staff presentations. 05-09-94 .__._~ ..--... ._-~ ---.. ....-- .--.... --. -~ -.. -...--- .. . ._-~- .-..-..-........-- -~-_._- - 21 - Mayor Vincent requested that this item be placed on next week's agenda, so the Commission can finalize its plans for the town meeting. Discussion - FYI Items . City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Letter of resignation from the City-County Planning Board, dated May 3, as submitted by Kelly Wiseman. (2) Agenda for the Chamber of Commerce Government Affairs Committee meeting to be held at 7:30 a.m. on Thursday, May 12, at the Chamber office. (3) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, May 10, in the Community Room of the Courthouse, along with daily minutes for the weeks of April 18 and April 25, 1994. (4) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, May 10, at the Carnegie Building. . (5) Agenda for the Design Review Board meeting to be held at 3:00 p.m. on Tuesday, May 10, at the Carnegie Building. (6) The City Manager submitted his weekly report, as follows. ( 1) The remainder of the railroad tracks along the Gallagater Park are being removed today. (2) The telephone company has been working on replacement of lines along the south side of West Babcock Street. (3) Announced that West Grant Street will be closed between South 6th and 7th Avenues for approximately three months, while steam lines are run for the new engineering building. (4) Stated that proposals for the new telephone system are to be submitted by May 27, with award of a contract scheduled for June 22. (5) Announced that the Vaniman case will be heard in District Court on Thursday and Friday, May 12 and 13. (6) Announced that the Interagency Breakfast will be held at 7:00 a.m. on Wednesday, May 11, at the Baxter. (7) . Spent a considerable amount of time preparing for this week's agenda. (8) Was involved in several meetings for negotiations and the budget for next fiscal year. (7) Commissioner Stueck submitted the following. (1) Attended the Planning Board meeting on Tuesday evening, along with Commissioners Youngman and Stiff. (2) Attended the Recreation and Parks Advisory Board meeting on Thursday evening. He noted 05-09-94 -- ---- .-.--- ~ _.,~~ ~., - -- --- ...-- - - 22 - they are proposing the new name of "Main Street to the Mountains" for the linear trail system; and that will be submitted to the Commission for consideration in the near future. (3) Suggested that after the budgeting process is completed, the Commission call a "brainstorming session" which includes developers proposing developments which impact West Babcock . Street, in an effort to resolve those problems (3) Noted an interest in meeting with Mr. Junior Tschache and Mr. Don Cape to discuss extension of West Oak Street west from North 19th Avenue to the new park area. (8) Commissioner Frost distributed a memo to the Commission, dated May 9, forwarding the first portion of his report on the National Town Meeting on Main Street, which he attended in Tampa, Florida, last week. He indicated more information will be forthcoming at a later date. (9) Commissioner Youngman asked when the Commission will consider making appointments. She noted several committees are operating with vacancies, and she is interested in filling those as quickly as possible. (10) City Attorney Luwe stated he will be meeting with Mr. Chris Boyd this week . to discuss trails through Burke Park and the Burke property. (11 ) Clerk of the Commission Sullivan noted the agenda for next week's meeting is very heavy, with three public hearings scheduled in the evening. Following discussion, the Commission determined it would be appropriate to begin the meeting at 3:00 p.m. rather than the usual 3:30 start time due to the heavy agenda. It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the Commission begin the meeting at 3:00 p.m. on Monday, May 16, provided that all statutory and notice requirements can be met. 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. . Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Proclamation - "Small Business Week" - Mav 1-7. 1994 Proclamation - "National Public Works Week" - Mav 15-21. 1994 05-09-94 ..-. - ,..-.-.....---..., .--- - -.---.----- - 23 - ADDlication for Beer and Wine License - Fat Bov's Bar-B-Q. 101 East Main Street - Calendar Year 1994 Commission Resolution No 2972 - establishina policv re cuttina of paved Dublic streets COMMISSION RESOLUTION NO. 2972 . A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA. ESTABLISHING A POLICY REGARDING THE CUTTING OF PAVED PUBLIC STREETS WITHIN THE CITY OF BOZEMAN. Reauest for modification of Condition No.2 for Conditional Use Permit for Gevser Park Amusement Center. Der memo from Planning Director EDDie dated Mav 5. 1994 (Z-93146) Acknowledge receiDt of reauest for annexation - Dennis Balian for Ed Heimburg - Tracts 3 and 4. Van Horn Subdivision located in the NW%. SW%. Section 11. T2S. R5E. MPM (6.10 acres located south of West Babcock Street. east of Vallev Creek Subdivision. west of Wilda Lane):refer to staff Claims It was moved by Commissioner Stiff, seconded by Commissioner Stueck. that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No . vote: those voting Aye being Commissioner Stiff, Commissioner Stueck, Commissioner Frost, Commissioner Youngman and Mayor Vincent; those voting No. none. Adjournment - 6:35 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Youngman, that the meeting be adjourned. 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. - ~\1~~ . JO VINCENt, Mayor ATTEST: Qlx~~~ ROBIN L. SULLIVAN Clerk of the Commission 05-09-94