Loading...
HomeMy WebLinkAbout1994-04-04 ccm - ~" ". MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA April 4, 1994 ***************************** e The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, April 4, 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 - March 21. 1994 It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the minutes of the regular meeting of March 21, 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. Reauest for Dermission to address Commission re $1.1 million Limited Obligation First Mortgage Revenue bond issue for the MSU Foundation - Mike McCall. attorney with Carroll. Burdick & McDonouah Mr. Mike McCall indicated he is an attorney with the law firm which is preparing the documents for the $1.1 million Limited Obligation First Mortgage Revenue bond issue for the Montana State University Foundation building. He stated his policy is to appear before the Councilor Commission that is sponsoring the bond issue as well as meet the staff people with whom he has been dealing on a regular basis throughout the process. . Mr. McCall, on behalf of the Foundation and himself, forwarded his gratitude to the City Commission for participating in this funding mechanism for the MSU Foundation building. The Commission thanked Mr. McCall for appearing at this meeting. City Attorney Luwe reminded the Mayor that closing on this bond issue is set for 4:00 p.m. on Tuesday, April 5, at the Foundation. 04-04-9/1- .. _... .___., _____...____.__ ___n_ _.'._n__.____._..__________.__. .___...___...._ - 2 - ConceDt Dlsn review - West Gatewav Planned Unit DeveloDment - PC DeveloDment - to allow a mixed use commercial develoDment on Lots 4A. 5A and 6A. Vallev Unit Subdivision. Phase I (15.2 acres located at northeast corner of Ferauson Road and Huffine Lane) (A-9411 ) This was the time and place set for review of the concept plan for West Gateway Planned Unit Development, as requested by PC Development, under Application No. Z-9411, . to allow a mixed use commercial development on Lots 4A, 5A and 6A, Valley Unit Subdivision, Phase I. The subject 15.2-acre tract is more commonly located at the northeast corner of Ferguson Road and Huffine Lane. Assistant Planning Director Debbie Arkell presented the staff report. She stated the applicant proposes to utilize the three subject lots in Valley Unit Subdivision by resubdividing them into ten lots and a private street for development as a business park planned unit development. She stated the subject property is zoned BP, Business Park; and the applicant is proposing out-of-district uses, which triggers the planned unit development process. She noted the proposed businesses include a restaurant, convenience store, office/retail buildings, office building, hotel and retail/warehouse building. Assistant Planning Director Arkell stated that 30 percent of the property, exclusive . of setbacks, must be maintained as open space in a planned unit development; and in the Business Park zoning district, 40 percent of the entire lot must be landscaped. She noted that these two requirements result in essentially the same amount of open space. She observed that development within a business park is typically done in a campus-type setting, with buildings being set around a large common open space area. The Assistant Planning Director stated that under this application, the developer is proposing a 50-foot-wide strip of landscaping, to include a linear trail, along the southern boundary of the property. This strip would also include sidewalks, which are not a part of the Bozeman to Four Corners project. The Assistant Planning Director stated that staff has reviewed this application to determine whether it represents strip development along U.S. Highway 191, particularly . because of the proposed retail uses. She stated that after review, staff determined it does not because there is no direct access to each lot from the highway. Mr. Mike Potter, applicant, stated he has tried unsuccessfully to market the subject three lots for quite some time. He noted that most businesses need one to two acres, rather 04-04-94 ------- --------------------- --- -------- - 3 - than three to seven acres; and this proposed planned unit development would allow further dividing of the three lots to accommodate those business needs. Mr. Potter noted that the Montana Department of Transportation acquired four lots between his lots and the highway; and the Department has indicated it has a 25-foot strip that . is not needed for its purposes. He has met with the Department to discuss the possibility of acquiring a 25-foot-wide beautification easement, which he would improve and maintain, thus expanding the width of landscape buffering to be provided. Mr. Potter stated that, as a result of the reviews which this concept plan has received before the Planning staff, the Development Review Committee, the Design Review Board and the Planning Board, several changes have already been made. He stated that the road system and parking areas have been revised, in response to comments received. Access will be via West Gateway Drive, located approximately mid-way between Huffine Lane and Fallon Street, extending from Ferguson Lane to Yellowstone Avenue. A north/south connector from West Gateway Drive to Fallon Street is proposed approximately at the center of the planned unit development. West Gateway Drive is designed as a narrow, curved, tree-lined, private street, . with no on-street parking allowed. Mr. Potter stated that landscaped common open space is to be provided in the 50- foot-wide easement along the south edge of the property and in a 20-foot-wide north/south strip running north and south through the center of the planned unit development. The remaining open space is to be provided in envelopes around each of the buildings. He also requested that the proposed 25-foot-wide beautification easement from the Montana Department of Transportation be counted toward meeting the open space requirements for this planned unit development. Mr. Potter noted that under the planned unit development process, 4.56 acres of open space is required; and the two open space strips plus the proposed beautification easement from the Montana Department of Highways provide 2.28 acres of open space. An additional . 1 acre of open space will be provided in the streetscape along West Gateway Drive; and the remaining 1.28 acres of open space is to be provided in the envelopes around each of the buildings. Mr. Potter stated that, since utilities have been installed to the perimeter of these lots, extensions of water and sewer services can be easily accomplished. 04-04-94 ----..-- --.. - 4 - Responding to Commissioner Frost, Mr. Potter stated that under this concept plan, he has proposed overflow parking in the 50-foot landscape area at the south edge of the property via the use of block pavers. He noted this would provide for adequate parking while retaining green space, if accepted by the Commission. He stated that in this concept plan, he . has attempted to reflect the number of parking spaces that would probably be required for each type of use, even though the exact uses that might be located there are not known at this time. Further responding to Commissioner Frost, Mr. Potter stated that Yellowstone Avenue is located in an easement; and he has the right to tie into that easement for this development. Responding to Commissioner Stueck, Mr. Potter stated that Yellowstone Avenue is not to be extended to Huffine Lane, noting that no access is to be provided between Fowler Lane and Ferguson Lane. He stated that Fallon Street is designed to serve as the primary connector between Fowler Lane and Ferguson Lane, providing access to this business park property as well as to the residential development to the north. Responding to Commissioner Youngman, Mr. Potter stated that sidewalks will be installed on both sides of West Gateway Drive, thus providing good pedestrian access within . the development. He noted that the north/south landscape strip in the center of the development will also contain a sidewalk, further enhancing pedestrian circulation. Responding to questions from Commissioner Stiff, Mr. Potter stated that the proposed 25-foot-wide beautification easement from the Montana Department of Transportation contains .71 acres; and that acreage is located outside the subject 15.2-acre site. Commissioner Stiff expressed concern about the fact that West Gateway Drive seems to be located close to the intersection of Huffine Lane and Ferguson Lane. Mr. Mike Potter responded that it is approximately 300 feet from the intersection to the proposed West Gateway Drive; and the City's requirement is 150 feet. He further noted the proposed street location is roughly at midpoint in the development, providing for usable lots on both sides of the street. . Commissioner Stiff stated he is concerned about the change in zoning that this type of application always seems to reflect. He then stated he feels the access to Yellowstone Avenue is good. Responding to Commissioner Stiff, Mr. Potter stated that courtyards are to be provided at each of the office buildings, even though they are not depicted in the concept plan. 04-04-94 -- -..----- - 5 - City Manager Wysocki noted concern about the 500 parking spaces proposed for this planned unit development. He also expressed concern about the closeness of the proposed restaurant and convenience store entrances to the intersection of West Gateway Drive and Ferguson Road, since little stacking room is provided. . The City Manager then stated this application does not meet the open space requirements of the zone code. He noted that 35 feet of the proposed 50-foot-wide landscape strip on the south side of the parcel comprise the front yard setback and, therefore, cannot be counted toward meeting the open space requirement. He further noted that only 3.85 acres of open space on the site was included in the figures forwarded by Mr. Potter; and the configuration does not meet the open space typically found in a business park setting. City Manager Wysocki reminded the Commission that a convenience store is typically found in a B-1 zoning district. He further reminded the Commission that two B-1 zones currently exist along Ferguson Road, one at its intersection with West Babcock Street and one at its intersection with Durston Road. He questioned whether the Commission wishes to encourage a B-1 use in yet another location along that road. . Assistant Planning Director Arkell indicated that a zone map amendment has been sought to change the zoning on the B-1 parcel located at Ferguson Road and Durston Road. City Manager Wysocki then noted that the Commission has recently considered a concept plan for development on the other side of Ferguson Road. He suggested that internal roads for each of the developments should be located so they create four-way intersections, avoiding any potential for offset streets if at all possible. He then stated support for the idea of buffering the residences to the north from the commercial activities within this proposed development by locating the office buildings on the north side of West Gateway Drive. Responding to Commissioner Stiff, Assistant Planning Director Arkell stated that in a zoning planned unit development, typically more than one person owns property; and all open space is considered common open space. She then noted that in a subdivision planned unit . development, setbacks can be considered as part of the open space. She concluded by indicating that the zoning planned unit development is more restrictive. Commissioner Frost stated he is not willing to allow parking in any of the setbacks. He also indicated concern about the ingress and egress of the convenience store and the corner restaurant on the west end of the project as well as the ingress and egress to those lots on the 04-04-94 - 6 - east end of the lot, due to their close proximities to intersections. He also expressed concern about the proposed uses, noting that four of the five proposed uses are B-2 type uses with only one of them being allowed in the Business Park zone. He stated that when this concept plan is considered in conjunction with the concept plan for the property west of Ferguson Road, . commercial development could be extended to Cottonwood Road along U.S. 191; and the whole point of zoning those parcels the way they were was to avoid that potential. Commissioner Frost stated that if B-2 uses are to be allowed in this planned unit development, a list of the allowable uses should be included in the application, recognizing that the City may amend that list as it deems appropriate during the review process. He stated he cannot support approval of the planned unit development without such a list, citing the Taylor Planned Unit Development as an example of that type of requirement. Commissioner Frost stated that, on the whole, he feels this is a good proposal. He suggested that this project should be considered in conjunction with the proposed development to the west to ensure that they are compatible and that their road systems match. Commissioner Stueck stated he feels this is a good concept plan. He stated that . before any project is finalized, he would like to know more about the hotel, and how tall it will be, as well as any signage proposed. He stated support for maximizing the space between the highway and the buildings as much as possible. He then stated he shares the concerns about the traffic patterns; however, he feels they can be resolved. He then suggested the possibility of providing access to the convenience store from Fallon Street. Commissioner Youngman stated she shares the concerns of the Commissioners who have previously spoken. She noted that much of the development along U.S. 191 was minimally landscaped, encouraging as much landscaping as possible between the highway and this development. She stated support for the bike path and the curvilinear, tree-lined street. Commissioner Youngman stated she does not believe that parking in the setback is appropriate. She stated her support for the idea of buffering the residential development to the . north from the commercial uses in this planned unit development through the construction of office buildings along the north side of West Gateway Drive. Commissioner Stiff stated an interest in improving the traffic circulation within this proposed development. 04-04-94 u_...._ _ ___ - --..-."-----:--------- ----. - 7 - Mayor Vincent stated he feels this is essentially a good proposal. He noted support for the curvilinear street. He then expressed concern about the proposed uses, particularly since so many of them are out-of-district uses. He then indicated that the proposed beautification easement must be considered independent of the open space requirements for . this subject parcel. He also noted his desire to see more centralized common open space. He suggested that the current plan seems to be crowded and suggested that one of the buildings be eliminated and that the lot be set aside as common open space. Mayor Vincent stated he is concerned about how busy Fallon Street will become, particularly since residences will be located on the north side of that street. He also noted concern about the potential negative impacts the convenience store may have on surrounding residential development, suggesting that those impacts be mitigated as much as possible. Mayor Vincent noted that the backs of the commercial buildings lying along the south side of West Gateway Drive will face U.S. 191, suggesting that the developer be sensitive to that feature during construction. City Manager Wysocki noted the City is becoming increasingly concerned that the . bonds for special improvement districts may not be marketable. He then suggested that the applicant may need to be willing to sign a waiver of right to protest any type of financial mechanism for the installation of a signal at the intersection of Ferguson Road and U.S. 191, not just for an SID. Commissioner Youngman stated that, in light of the concerns raised by Mayor Vincent, it may not be appropriate to provide an access from the convenience store to Fallon Street because of the negative impacts that may have on residential development. Mr. Mike Potter stated he shares the concerns expressed by the Commission regarding the impacts that a convenience store may have on surrounding residential development. He then suggested that limiting the hours of operation and taking other steps to ensure that the facility maintains the characteristics of a neighborhood facility could help to . alleviate those concerns. He then thanked the Commissioners for their input, noting it will help him to prepare a better application for formal consideration. 04-04-94 .~ .....'"..','.' '..... ~ - 8 - Ordinance No. 1380 - Zone MaD Amendment - R-O to B-2 - Lot 2. Block 1. Triangle Area Annexation (2302 West Main Street) Included in the Commissioners' packet was a copy of Ordinance No. 1380 as approved by the City Attorney entitled: ORDINANCE NO. 1380 e AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, AMENDING THE BOZEMAN ZONE MAP'S ZONING DISTRICT DESIGNATIONS FROM AN "R-O" (RESIDENTIAL--OFFICE) TO A "B-2" (COMMUNITY BUSINESS) DISTRICT ON LOT 2, BLOCK 1, TRIANGLE AREA ANNEXATION. The City Manager reminded the Commission that they had conducted the public hearing on this zone map amendment at their regular meeting of March 21. He then recommended that this ordinance, which enacts that amendment, be provisionally adopted at this time and that it be brought back in two weeks for final adoption. It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the Commission provisionally adopt Ordinance No. 1380, amending the zoning designation on Lot 2, Block 1, Triangle Area Annexation from R-O, Residential--Office, to B-2, Community Business, and that it be brought back in two weeks for final adoption. 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. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Copy of a draft ordinance providing for an immediate date on resolutions. City Attorney Luwe stated that approximately one year ago, a group of officials from cities and counties reviewed Title 7 to determine what legislative changes should be forwarded e during the legislative session. He stated that review revealed that the statutes pertaining to the different forms of government differed, with some sections of the code providing for immediate effective dates and others providing for an effective date not less than thirty days after adoption of a resolution. He stated that in the recent legislative session, the necessary changes were made to provide for an immediate effective date on all resolutions, under all 04-04-94 .--. . - ,..- -- - 9 - forms of municipal government. He noted that a change in the Bozeman Municipal Code is now needed to allow Bozeman to take advantage of this legislative change. The City Attorney suggested that, since this is strictly a housekeeping item, a public hearing is not necessary; and indicated his intent to place this ordinance on next week's agenda . for provisional adoption. The Commission concurred. (2) Copy of a letter to Commissioner Youngman from HRDC, dated March 21, listing the new fair market rents for Bozeman, as established by HUD. The City Manager noted that the rents for one and two bedroom units were changed; however, no changes were made in the rents for three and four bedroom units. (3) Letter from Jeff Rupp, HRDC, dated March 29, requesting the appointment of a Commissioner liaison to the HRDC Board of Directors. The City Manager asked if the Commission wants this request placed on the agenda for action; they responded in the affirmative. (4) Copy of a letter from The National Arbor Day Foundation, dated March 21, announcing that Bozeman has been named a 1993 Tree City USA. . Commissioner Frost noted that he served for approximately two years on the ad hoc committee which prepared the tree ordinance. He noted that with the monies derived from assessments for the tree maintenance district, the City has been able to spend monies on maintaining the street trees, thus allowing Bozeman to qualify for Tree City status. He noted that the street trees are a very valuable asset to the community, with an estimated value established four years ago at over $9 million. He stated appreciation for receiving this designation, since it recognizes that valuable asset. (5) Memo from Mike Morgan, dated March 29, asking that the Commission replace Dan Wilham on the Bozeman Area Bicycle Advisory Board because he has missed more than six consecutive board meetings. The City Manager stated this request will be placed on next week's agenda for action. . (6) Letter of resignation from the CDBG Economic Development Revolving Loan Fund Committee submitted by Linda Wycoff, dated March 24, 1994. (7) Memo from Personnel Director Pattie Berg, dated March 30, regarding the fund raiser for the Muscular Dystrophy Association, scheduled for April 20. 04-04-94 - 10 - (8) letter from Annette Gates, dated March 23, requesting permission to hold a "Take Back the Night" march on Monday, April 18. The City Manager noted the Chief of Police Boyer has indicated that he has no problem with this request. He also noted that, since the march is to be limited to the . sidewalks, no Commission action is required. (9) Agenda for the Highway Commission meeting to be held in Helena on Thursday, April 7. (10) Invitation to attend an open house at Reliable Transaction Processing, Inc., from 3:00 p.m. to 5:00 p.m. on Tuesday, April 5. (11 ) Status report, dated March 1994, on priority transportation projects as identified in the transportation plan update. (12) Petition signed by several residents near the Gallatin Valley Seed Company, dated March 13, 1994, listing several alleged code violations in the renovation of that structure. The City Manager stated he has asked Assistant Planning Director Arkell to review . the site and the requirements for improvements and to determine what violations may exist. He reminded the Commission that the applicant had nine months to install improvements; however, he also noted that weather must be taken into consideration, since paving, curb and gutter cannot be installed at this time. He suggested that the applicant should be prepared to install those improvements as soon as the weather cooperates and the batch plants open for the summer construction season. ( 13) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, April 5, at the Carnegie Building. (14) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, April 5, at the Courthouse. ( 15) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. . on Tuesday, April 5, in the Commission Room. (16) The City Manager submitted his weekly report, as follows. (1) Attended a meeting regarding the Bozeman Solvent Site last week. He noted the City has requested the ability to mitigate the problem as quickly as possible, but has not yet received a response from the State. (2) Will be attending a fiscal forum meeting in Great Falls on Thursday and a 04-04-94 ---" ...-- --....---- ------.....- --- - 11 - meeting in Helena on Friday this week. (3) Announced that he received a telephone call this afternoon indicating that a HOME grant in the amount of $216,000 has been approved for the Interfaith Housing project. (4) Reminded the Commission that Clean Up Bozeman is this Saturday, beginning at 9:00 a.m. . ( 17) Commissioner Stueck submitted the following. (1) Received a complaint from a resident in the northeast sector of the community about the fact that Three Rivers has not removed the trash containers it has had stored near L Street for several years, even though they were to have been removed a couple of years ago. (2) Stated that he has given Commissioner Frost and City Manager Wysocki information regarding alternative financing for parking structures. (18) Commissioner Frost stated that he met with three members of the DBA board on Thursday morning. He stated they are concerned about six items in the downtown area: (1) loitering, (2) curbing dogs, (3) open containers, (4) vandalism, (5) skateboards, and (6) lack of foot patrol. He noted that if the Police Department could provide foot patrol two or three times a week, particularly between the hours of 3:00 and 5:00 p.m., they could . probably help to address the other issues listed. City Attorney Luwe noted his office is currently reviewing court cases in preparation of revising the curfew and loitering provisions in the Bozeman Municipal Code. He also noted that work is being done on the animal control ordinance at this time; and all of those revisions should be ready for Commission consideration this spring or early summer. (19) Commissioner Frost then asked about the agreements with the Montana Department of Transportation for North 19th Avenue, which are on the consent agenda. He noted the drawings attached to those agreements show the sidewalk adjacent to the curb; and he feels those sidewalks should be set back from the street, with a boulevard for snow storage, if at all possible. (20) Commissioner Youngman submitted the following. (1) Attended the Library . Board of Trustees meeting, at which they set an ambitious list for the upcoming year. She noted that one of those items is providing an electronic information flow in the community. (2) Attended the Kiwanis meeting, at which a number of issues were raised. She noted those included questions about the information contained in the brochure regarding the tree ordinance. She also received a request that the City not wash the streets when the 04-04-94 ---.. -- - -----..-- --- - 12 - temperatures are below freezing because that causes hazardous conditions; and a request that the City enforce the snow shoveling ordinance, particularly in the neighborhood parking district, for those who are walking to the University. (21 ) Responding to questions from Commissioner Stiff, Mayor Vincent stated his . intent for the Commission to set a date for a town meeting to discuss funding of transportation projects at next week's meeting. He suggested that the meeting be held in early May. (22) City Attorney Luwe submitted the following. (1) Attended two meetings regarding the Bozeman Solvent Site last week. He stated the environmental engineer is in the process of submitting a proposal to the State to remove the sewer line behind Buttrey's Shopping Center and remove any impacted soils. He estimated the cost of replacing the line at $230,000, although that could rise to $300,000 if a substantial amount of the soil is impacted. He stated that, hopefully, the State will approve the plan quickly so that work on that project can begin in late summer. (2) Announced that tomorrow's signing of closing documents on the $1.1 million in bonds for the MSU Alumni Foundation will be at the Foundation. . (23) Clerk of the Commission Sullivan reviewed the agenda for next week's meeting. She noted that, at the Mayor's direction, Commission discussions have been added in the evening sessions of the off weeks for public hearings, resulting in evening sessions every week in April. (24) Mayor Vincent submitted the following. (1) Noted that the beginning of the goal setting process has been set for the evening session on April 25, and requested that each of the Commissioners submit a list of six goals by April 18. The City Manager indicated that at next week's meeting, he will distribute copies of the goals identified by staff. (2) Received correspondence from an individual who appreciates publication of the agenda in the Sunday paper. (3) Stated he had completed an action report listing the location of six junk signs, all installed by the same company. He noted that he received a response four days later, after all . of the signs had been removed and a cease and desist order had been served on the company. (4) Stated appreciation for the information on rental rates in the community, noting he did not realize they were so high. He noted that eight years ago, he purchased a four-bedroom home on the south side of town; and his mortgage payments are $300 less than the rental figures. (5) Expressed concern that he was nearly hit by a vehicle running a red light when he crossed 04-04-94 ..-.--..-.---..--. , - 13 - North 7th Avenue this afternoon. The City Attorney noted that, due to legislation during the recent session, an individual is not in violation if the light turns red while one is in the intersection; and that change in the law has been reflected in drivers' attitudes. (25) Ms. Daria Joyner, Executive Director of the Bozeman Area Chamber of . Commerce, stated that the International Order of Foresters will hold their annual rally in Bozeman this summer; and over 5,000 have preregistered. She stated the Chamber has worked with a planning group in identifying a project to give something back to the community; and they have selected improvements and signage along the southern portion of the Sourdough Trail. (26) Commissioner Frost stated he has read a letter from Dr. Rogers to the Mayor, indicating that the First Security Bank has agreed to change the roof on the garage structure. Commissioner Stueck noted that after last week's meeting, Mr. Grabow stated his intent to proceed with revising the roofline because it was critical from an architectural standpoint. . Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Proclamation - Beginning of "A Year of Safe Bozeman Activities" - ADril .1.9H Acceotance of orooosal from Veltkamo. Stannebein & Bateson to provide audit services for Fiscal Year 1993-1994 - $33.475 Authorize closure of soecified SID funds into the SID Revolving Fund. Der memo from Controller Biekert to Administrative Services Director Gamradt dated March 15. 1994 - net increase to Revolving Fund of $45.888.53 Award bid for construction of South Wallace Avenue sewer line - Sime Construction. Bozeman. Montana - $35.715. 00 Authorize City Manager to sian - aareements with the Montana DeDartment . of Transoortation re (1) construction of North 19th Avenue from Durston Road to West Oak Street and (2) construction of North 19th Avenue from West Oak Street to Baxter lane Confirm aooointment of James Goehrung as Hearings Officer for community needs assessment public hearing to be held on Thursday. ADril 14. 1994 04-04-94 ----------- ----- . .,......... -- - 14 - It was moved by Commissioner Stueck, seconded by Commissioner Frost, 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 Stueck, Commissioner Frost, Commissioner e Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none. Recess - 5:05 D.m. Mayor Vincent declared a recess at 5:05 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 D.m. Mayor Vincent reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Public hearina - aDDlication for transDortation enhancement monies to fund Dedestrian and bicycle facilities alona North Rouse Avenue from East Mendenhall Street to Griffin Drive . This was the time and place set for the public hearing for the application for transportation enhancement monies to fund pedestrian and bicycle facilities along North Rouse Avenue from East Mendenhall Street to Griffin Drive. Mayor Vincent opened the public hearing. Neighborhood Coordinator/Grantsperson James Goehrung presented the staff report. He noted that, included in the Commissioners' packets was a memo dated March 31, 1994, forwarding information on the application for enhancement monies to fund pedestrian and bicycle facilities along North Rouse Avenue from East Mendenhall Street to Griffin Drive. He stated this is the second application for enhancement monies, with the application for pedestrian and bicycle improvements along Highland Boulevard having been previously - approved. He reminded the Commission that this project has been identified as a priority item in the transportation plan update which was recently completed. The Neighborhood Coordinator/Grantsperson stated that the only variable in this application is whether the County Commission will commit some of its community enhancement monies for this project. He stated that if they do, the City's contribution will be 04-04-94 .----.- .--- - 15 - decreased accordingly, rather than increasing the amount of monies sought for this project, prior to submittal of the application. Responding to Commissioner Stueck, the Coordinator Goehrung stated he does not know how much money the County Commission may commit to this project. He noted that . in the past. they have indicated that 25 percent of their total enhancement allocation would be devoted to projects within the city of Bozeman. No one was present to speak in opposition to the proposed application. Since there were no Commissioner objections, Mayor Vincent closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission authorize and direct staff to proceed with the application for transportation enhancement monies to fund pedestrian and bicycle facilities along North Rouse Avenue from East Mendenhall Street to Griffin Drive. 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. . Public hearing - CommissiQn Resolution No. 2960 - Intent to annex 27.5-acre tract located in the NW*. Section 15. T2S. R5E. MPM - Donald V. and Bethene R. Alderson (south of Huffine Lane/US Highwav 191 and west of Ferauson Road extended) This was the time and place set for the public hearing on Commission Resolution No. 2960, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2960 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARL Y DESCRIBED. TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Mayor Vincent opened the public hearing. . Associate Planner Kevin Wall presented a brief synopsis of the written staff report, reminding the Commission that a more comprehensive review of the report had been submitted at their October 4, 1993 meeting. He reminded the Commission that this application is for annexation of the 27.5 acres upon which the Kountz Mobile Home Park is located. He noted that the written staff report includes responses to each of the eight goals and twelve policies 04-04-94 - __n - 16 - set forth in the annexation policy and concludes that if the Commission determines it is appropriate to proceed with annexation, the following issues be addressed in the Annexation Agreement: 1. The landowner shall execute waivers of right to protest for the following: . A. The creation of special improvement districts for the signalization of the intersection at U.S. 191 and Ferguson; B. The creation of special improvement districts for the construction of City water system improvements including looping future City water improvements. 2. Plans and specifications for any proposed public sanitary sewer extension, and water mains if required (comDare with condition #3 below), must be prepared by a Professional Engineer (PE), and provided to and approved by the City Engineer and where required, the Montana Department of Health and Environmental Sciences prior to construction. The applicant shall also provide professional engineering services for construction inspection, post- construction certification, and preparation of mylar record drawings. 3. The tract shall be subject to all City services, including City water service. . 4. The on-site sewer services shall remain private and the septic tanks shall be removed or pumped and filled with clean washed gravel. 5. The following shall be subject to the review and approval of the City Fire Marshal: A. Individual mobile home identification shall be upgraded (i.e., larger and reflective numbers); B. A location map that is readily visible shall be located at each entrance of the mobile home park; C. The western-most access road shall be either looped with other access roads, or shall have a City standard turn-around installed at the south end. 6. Water rights or a cash-in-lieu fee in an amount determined by the . Public Service Director shall be provided. 7. An appropriate urban zone map classification must be applied for and approved by the City Commission in accordance with applicable law. 8. The applicant shall provide a mylar record annexation map which meets the requirements of the Public Service Director. 04-04-94 -- - 17 - Associate Planner Wall stated the petitioner is seeking annexation because of a need to connect to the City's sanitary sewer system due to failed septic systems on the site. He noted the petitioner has not asked for connection to the City's water system; however, staff recommends that be required as well. . The Associate Planner reminded the Commission that at the October 4, 1993, meeting they expressed a desire to annex this subject parcel based on the fact that the site is struggling with a failing septic system. He noted that the Commission determined that connection to the City's sewer system could alleviate possible environmental contamination, which is a major concern. He noted another issue raised by Commissioner Frost at that meeting was the approximate cost of oversizing of City water and sewer lines, for which the City would be responsible. He stated that the Director of Public Service and City Engineer cannot give an accurate estimate on those costs until the system extensions have been designed. City Manager Wysocki noted concern about the potential difficulty in selling bonds for future special improvement districts, given recent District Court decisions and legislative . actions and requested that the language in Condition No.1 be amended by adding the words "or other appropriate financial participation, on a prorata basis". He then stated that the City is interested in extending water services to the site primarily to ensure adequate fire protection. He suggested that issue can be appropriately addressed by the Director of Public Service, City Engineer and Fire Marshal after the Commission has made a decision on annexation of the subject site. No one was present to speak in opposition to the requested annexation. Since there were no Commissioner objections, Mayor Vincent closed the pUblic hearing. It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the Commission authorize and direct staff to bring back a resolution of annexation upon the . applicant's execution of an annexation agreement and satisfaction of Condition Nos. 1 through 8, as amended by the City Manager. 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. 04-04-94 - 18 - Public hearing - Commission Resolution No. 2961 - intent to annex .048-acre tract located in the SE%. Section 11. T2S. R5E. MPM - Susan J. Smilev and Steven Wenzel (2502 West Babcock Street) This was the time and place set for the public hearing on Commission Resolution No. 2961, as approved by the City Attorney, entitled: . COMMISSION RESOLUTION NO. 2961 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABIT ANTS THEREOF AND THE INHABIT ANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Mayor Vincent opened the public hearing. Assistant Planning Director Debbie Arkell presented a brief overview of the staff report, reminding the Commission that a more comprehensive review of the report was presented on November 8, 1993. She also noted that a copy of the written staff report was included in the packets for this meeting. The Assistant Planning Director reminded the Commission that the subject parcel . contains .48 acres and is commonly known as 2502 West Babcock Street. She noted the property lies within County Zoning District No.1. In December 1993, the Commission conducted a hearing on a zone map change to R-3, and approved that application contingent upon annexation. Assistant Planning Director Arkell noted there is a single-family residence located on the subject site. Its septic system and drainfield have failed; and the County Sanitarian has denied an application to replace the system because the site is too small and because City water and sewer lines currently run along the property line. The Assistant Planning Director briefly highlighted the summary contained in the staff report. She noted the requested annexation request was reviewed in light of the eight goals and twelve policies set forth in Commission Resolution No. 2716; and staff has determined that . it complies with Goal Nos. 1, 2, 3, 7 and 8; will substantially comply with all of the policies set forth if the five issues listed below are addressed; and does not substantially conflict with any of the goals and policies. The Assistant Planning Director forwarded the issues to be addressed in the 04-04-94 ----- -...-- - 19 - Annexation Agreement, if the Commission decides to approve the annexation, identified by staff, as follows. 1. That the property owners shall dedicate a forty-five foot (45') right-of-way easement along the front of their property which adjoins West Babcock Street for future improvements to West Babcock Street; . 2. That the property owners file with the Gallatin County Clerk and Recorder waivers of right to protest the creation of SID's for: 1) Street improvements to West Babcock Street for construction of one-half a City standard collector street including paving, curb and gutter, storm sewer, and sidewalk; and 2) Signalization and intersection realignment improvements at the West Main Street and West Babcock Street intersection; 3. That the property owners shall provide usable water rights or cash-in-lieu thereof in an amount determined by the Director of Public Service based on the existing single-family residential use of the property; 4. That if required by the Director of Public Service, the applicants shall provide a mylar map, suitable for filing, of the annexed area which is acceptable to the Public Service Director; 5. That the existing septic tank on the property be pumped and either filled or removed within thirty (30) days of hookup to the City sewer main. Verification that the tank has been either removed or filled must be presented to the City Planning . Department by a member of the City Water/Sewer Department, County Environmental Health Officer, City Engineering Office, a licensed plumber, or visually observed by a Planning Office Staff person. Assistant Planning Director Arkell stated that the applicants have expressed concern with the proposed dedication of a road easement with no compensation. She noted that a 30- foot-wide road easement currently exists; and staff had requested that a 45-foot-wide easement be provided. The applicants are concerned because they are required to pay taxes on that property when it is in an easement, rather than a dedicated right-of-way. She stated the applicants are also concerned about signing waivers of right to protest the creation of SID's because of the unknown financial impact it may have. She suggested those issues can be resolved through the annexation agreement process. . Responding to Commissioner Youngman, Assistant Planning Director Arkell stated that if the right-of-way is dedicated instead of being set aside through an easement, it will make a slight difference in the taxes paid. She suggested that if the Commission wishes, the applicant can work with the City Engineer to resolve this issue. 04-04-94 --.".----. ---..-........-.. - 20- Ms. Susan Smiley, applicant, indicated she has a few questions about the draft annexation agreement, which she will discuss later with staff. City Manager Wysocki requested that Condition No.2 be amended by adding the words "or other appropriate financial participation, on a prorata basis". . No one was present to speak in opposition to the requested annexation. Since there were no Commissioner objections, 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 of annexation upon the applicant's execution of an annexation agreement and satisfaction of Condition Nos. 1 through 5, with Condition NO.1 amended to provide for a dedicated right-of-way and with Condition No.2 as amended 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. . Public hearing - Commission Resolution No. 2962 - intent to annex 1.0-acre tract located in the SW%. Section 13. T2S. R5E. MPM - William David and Elizabeth Y. McKenzie (1517 Willow Way) This was the time and place set for the public hearing on Commission Resolution No. 2962, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2962 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN. THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARL Y DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Mayor Vincent opened the public hearing. Assistant Planning Director Debbie Arkell presented a brief synopsis of the staff . report. She reminded the Commission that a more comprehensive review of the staff report was presented on December 6, 1993; and a copy of the written staff report was included in the packets for this meeting. The Assistant Planning Director noted this request is very similar to the previous agenda item. She noted the subject one-acre tract contains a single-family residence; and 04-04-94 ---------- - 21 - annexation is being sought because the septic system has failed. She noted a sewer main lies along West Lincoln Street; and the subject parcel lies at the intersection of Willow Way and West Lincoln Road. She stated the applicants have signed a waiver of right to protest annexation; and the property has been tied to City sewer. . The Assistant Planning Director stated this application was reviewed in light of the eight goals and twelve policies set forth in Commission Resolution No. 2716. She noted that the Fire Department has expressed concern about annexation of the subject parcel because no fire hydrants are located near the property. She stated, however, numerous other properties in the city are in the same situation; and pumper trucks are available through the mutual aid agreement if needed. The Assistant Planning Director stated that this application complies with Goal Nos. " 2, 3, 6, 7 and 8 and does not substantially conflict with any of the goals in the annexation policy. She also noted that the application complies with the twelve policies contained in the annexation policy, although the Fire Department has identified negative impacts in providing its services in response to Policy No.7. . The Assistant Planning Director stated that the staff report includes staff's recommendation that the following issues be addressed in the Annexation Agreement, if the Commission decides to approve the annexation: ,. That the property owners shall provide usable water rights or cash-in-lieu thereof in an amount determined by the Director of Public Service at the time the Annexation Agreement is signed. 2. That the property owners sign a waiver of right to protest the creation of SID's for their proportionate share of the water main improvements. 3. That if required by the Director of Public Service, the applicants shall provide a mylar map, suitable for filing, of the annexed area which is acceptable to the Public Service Director. City Manager Wysocki requested that Condition No. 2 be amended by adding the words "or other appropriate financial participation, on a prorata basis". . No one was present to speak in opposition to the requested annexation. Since there were no Commissioner objections, Mayor Vincent closed the public hearing. It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the Commission authorize and direct staff to bring back a resolution of annexation upon the 04-04-94 --. -.- -.-.- - -----.------.- -- --.-. .--.--------....-.- - 22 - applicant's execution of an annexation agreement and satisfaction of Condition Nos. 1 through 3, as amended by the City Manager. 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. . Public hearing - Commission Resolution No. 2963 - intent to annex 147.23 acres located in the NE%. Section 25. T2S. R5E. and NW%. Section 30. T2S. R6E. MPM - Donald F. Hannah for Sourdough Creek ProDerties (north of Goldenstein Lane. east of South Third. south of Graf's Fourth. west of Gardner Park) This was the time and place set for the public hearing on Commission Resolution No. 2963, as approved by City attorney, entitled: COMMISSION RESOLUTION NO. 2963 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN. THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARL Y DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Mayor Vincent opened the public hearing. He reminded those in attendance that this . public hearing pertains to annexation of a specified parcel, and whether the requested annexation meets the eight goals and twelve policies set forth in the City's annexation policy. He cautioned that possible future development is not to be addressed at this time, but is addressed through the subdivision process. Associate Planner Kevin Wall reminded the Commission that the staff report was initially presented on January 24, 1994. He noted that, included in the Commissioners' packets, were a number of items which have been submitted to the Planning Office over the past few weeks regarding this agenda item. Associate Planner Wall stated that several items were identified in the staff report which must be addressed if the Commission chooses to proceed with annexation of this parcel. . He then forwarded the staff's recommendation that the following issues be addressed in the Annexation Agreement: 1. The landowner shall execute and file with the Gallatin County Clerk and Recorder's Office the following waivers of right to protest the creation of Special Improvement Districts: 04-04-94 ...-- .-.--- -.---------- __n____ - 23 - A. Street improvements to South 3rd Avenue including paving, curb/gutter, sidewalk and storm drainage facilities. B. Improvements to realign the intersection of South 3rd Avenue and Goldenstein Lane. C. Signalization improvements at the intersection of Kagy Boulevard and South 3rd Avenue. D. Street improvements to Sourdough Road . including paving, curb/gutter, sidewalk and storm drainage facilities. 2. Adequate easements (80 foot total eventual right-of-way widths) for the realignment of the intersection of South 3rd Avenue and Goldenstein Lane shall be granted to the City. 3. An appropriate urban Master Plan land use map amendment must be applied for and approved in accordance with applicable policy. 4. An appropriate, urban zone map designation(s) must be applied for and approved in accordance with applicable law. 5. The Annexation Agreement shall acknowledge that the landowner shall correct any sewer capacity problems identified by the City Engineering Department as being caused by development of the tract in question. 6. Water rights or a cash-in-lieu fee in an amount determined by the Director of Public Service shall be provided prior to final plat approval, final site plan approval, or the issuance of a building permit, whichever comes first. . 7. The applicant shall provide a mylar, record annexation map which meets the requirement of the Director of Public Service. The Associate Planner stated that one of the items forwarded in the packet was a memo from Director of Public Service Forbes and City Engineer Brawner, dated March 30, regarding the traffic analysis update for the proposed annexation. He suggested that one of the seven items enumerated in that memo should be included in the items to be addressed under the Annexation Agreement, as a new Item No.2, as follows: 1. Reimbursement of the prorata portion of the costs for the South Third/Graf/Wagon Wheel intersection modifications, previously completed by the City, should be required. Calculation of the subject property prorata share will be determined for inclusion in the Annexation Agreement. He stated that insertion will cause renumbering of the remaining items, as Nos. 3 through 8 . instead of Nos. 2 through 7. The Associate Planner noted that, also included in the packet of information he forwarded was a copy of the traffic analysis update, as prepared by Thomas, Dean & Hoskins, Inc. Letters from Kurt Alt, Montana Department of Fish, Wildlife and Parks, dated March 29; from Fire Chief Aaron Holst, dated April 1; and from School Superintendent Paula Butterfield, 04-04-94 --- -. ----------- --.--..---- ---.-- - - 24- dated March 8, were included in the packet as well. The Planner briefly highlighted the contents of these letters. City Manager Wysocki entered into the record a letter from Leesa Nopper, 3175 Fieldstone, withdrawing her name from the petition of opposition and another petition of . opposition, containing thirteen signatures. Mr. David Penwell, attorney representing the applicant, indicated their presentation will be limited to new information gathered since the January 24 Commission meeting, at which the staff report was presented. He displayed the boards showing the benefits that annexation would provide, noting they are essentially the same as when they were previously displayed and reviewed line by line. Mr. Bob Lee, planning consultant, addressed the issue of compliance with the master plan. He stated that, historically, the subject property has been designated for low-density residential development; and that designation has carried forward from the 1972 master plan through the 1983 master plan and into the 1990 master plan update. He also noted that this annexation request complies with a number of the goals set forth in the master plan, . particularly one pertaining to urban sprawl. He noted the plan encourages more development within the urban growth area rather than allowing that development to occur in the rural area, partly because of the dramatic impact that places on City services. Mr. Lee noted that, according to the 1993 transportation plan, in the 1960's, 85 percent of the Bozeman growth was occurring inside city limits; in the 1970's, 68 percent of the growth was occurring inside city limits; in the 1980's, 1 5 percent of the growth was occurring in the city limits, with 85 percent occurring outside city limits; and the plan projects that in the 1990's, 24 percent of the growth will occur in the city limits, with the remaining 76 percent occurring outside the city. Mr. Lee stated that R-1 type residential lots are best suited for competing with development outside city limits. He noted that a review of the records revealed that since . 1989, 19 subdivisions have been approved, 14 of those receiving final approval and the remaining 5 have received preliminary approval. He noted that of those subdivisions three involve R-1 lots. The 14 subdivisions which have been finally approved created a total of 465 lots in the community; and in the past five years, an average of 195 dwelling units have been constructed per year. He noted that of the 465 lots created, 139 are available; however, the 04-04-94 ---.-- -------- - 25 - vast majority of those are builder owned. The five subdivisions which have received preliminary plat approval will create 183 lots, 33 of which are already builder owned; and 29 of the lots are within the Human Resources Development Council's low-income housing project. Mr. David Crawford, Thomas, Dean and Hoskins, Inc., reviewed the transportation . issues. He stated that development of this type was anticipated in the transportation plan update; and the projected traffic volumes are included in the 1993 transportation plan update. He stated that if all of the improvement projects which are listed in the transportation plan are implemented, even with full development of this subject parcel, those roadways will function as well as or better than they do currently. He stated that seven projects are involved: (1) improvement of the intersection of South Third Avenue and Kagy Boulevard; (2) improvements to South Third Avenue between Kagy Boulevard and Graf Street; (3) improvements to the intersection of South Third Avenue/Wagon Wheel Road/Graf Street; (4) improvements to the intersection of South Third Avenue and Goldenstein Lane; (5) improvements to the south leg of the intersection of South Third Avenue and Goldenstein Lane; (6) improvements to Goldenstein Lane between South 19th Avenue and South Third Avenue; and (7) improvements . to the intersection of Goldenstein Lane and Sourdough Road. He noted that Goldenstein Lane between South 19th Avenue and South Third Avenue has been improved by the County, which also includes the south leg of the intersection of South Third Avenue and Goldenstein Lane; the intersection of Goldenstein Lane and Sourdough Road is to be improved in conjunction with development of the Triple Tree; and the intersection of South Third Avenue/Wagon Wheel Road/Graf Street has already been improved by the City. The applicant is willing to dedicate the right-of-way to develop a 90-degree intersection for South Third Avenue and Goldenstein Lane; and that dedication represents 57 percent of the total cost for that intersection. He further noted the applicant has indicated a willingness to sign waivers of right to protest the creation of special improvement districts for improvements to South Third Avenue and the intersection of South Third Avenue and Kagy Boulevard. . Mr. David Penwell summarized the applicant's presentation by stating that the proposed annexation meets four of the eight goals contained in the annexation policy; and the remaining four goals are not applicable. Also, this application meets eleven of the twelve policies set forth in the annexation policy; and the last one is not applicable to this application. 04-04-94 - 26- He then indicated that the applicant is willing to comply with the seven items which staff has identified as needing to be addressed prior to annexation, as enumerated above. Dr. Allan Taylor, 13 Trail's End, distributed to the Commission copies of the booklet entitled Issues and Concerns Regarding the Annexation of the Proposed Sundance Subdivision, . dated April 4, 1994, as prepared by residents in the immediate area. He encouraged the Commission to leave the current R-S zoning in place and to promote multiple use of the subject site. Dr. Robert McKenzie, MSU Student Health Services, 17 Trail's End, presented the first chapter of the booklet, entitled Preservation of Aesthetic Resources in Bozeman, Montana. He noted that planning should be an orderly process; and it is a process that has been used locally for many years. He noted the first Planning Board was formed in 1955; the first master plan was adopted in 1958; and the master plan was most recently updated in 1990. He noted that many of the goals in the most recent update reference protecting "our natural beauty, pristine environment, and healthy agriculture." The plan further encourages that "areas with special characteristics such as stream corridors and wetlands" be protected. He stated the subject . 147-acre parcel is traversed and bounded by four different streams. He quoted an excerpt from the East Gallatin River Flood Hazard Study, dated July 1972, in which it was indicated that it is not uncommon for flooding hazards to be more prevalent in developed urban areas because of the replacement of natural flood preventatives with impervious surfaces. Dr. McKenzie identified four areas of concern, which include economic loss, human loss, construction difficulties and groundwater contamination. He then encouraged the Commission to not approve this request for annexation, characterizing it as the first step in the development process. Mr. Van Haderlie, retired soil scientist with the Soil Conservation Service, 3502 Good Medicine Way, reviewed the chapter entitled Soil Characteristics Influencing Construction and Maintenance of City Services. He stated that a soil survey completed by the USDA Soil . Conservation Service reveals that there are four different types of limitations that must be taken into consideration on portions of this parcel. He noted this include hydric soils, which reflect excessive moisture conditions; areas where the water table is less than 30 inches from the surface during some part of the year; areas with severe limitations for street and roadway construction; and areas with severe limitations on internal drainage. He showed the 04-04-94 . ---..-----.---- ._.____ ___ n__...._.__ ._ ..._ _n_____.. _ - 27 - Commission an overhead which depicts the areas involved in each of those four categories, and how the four of them combined affect a substantial portion of the subject 147-acre parcel. Mr. Bud Nelson, retired area engineer with the Soil Conservation Service, 9 Trail's End, reviewed the chapter entitled Engineering Interpretations and Water Table. He noted that . the booklet contains tables reflecting the types of soils found in the immediate area and the limitations of those soils. He then addressed the number of stream corridors and drainage ditches which traverse the property. He noted that three streams--Sourdough (Bozeman) Creek, Nash Spring Creek, and Matthew Bird Creek--traverse the property; and Sundance Creek borders the parcel on the west. Many drainage ditches, most of them lying west of Matthew Bird Creek, have been dug to help drain the exceptionally wet areas of this parcel. He noted that the cattails growing in that area reflect its wetness. Mr. Nelson quoted from the 1972 master plan, indicating that the plan suggests development between South Seventh Avenue and South 19th Avenue, rather than in this subject location. Dr. Kerry Reif, MSU Student Health Services, 17 Trail's End, addressed the traffic . issue underthe chapter entitled Transportation/Circulation. She suggested that this subdivision could severely impact the existing roads. She noted that South Third Avenue in that area is under the jurisdiction of the County and is a narrow-Ianed, narrow-shouldered road. She noted that 16 of the improvements recommended in the 1981 master plan had not been not implemented ten years later; and improvements to South Third Avenue were among those improvements. Dr. Reif stated that in 1991, there were an average of 4,000 vehicle trips per day on South Third Avenue; and there is an estimated additional 1,000 vehicle trips per day at this time. She stated that with the development of Westfield, Green Pastures and Graf's Fourth as well as the traffic generated by the new middle school, an additional 3,980 vehicle trips per day is projected, raising the traffic level above the average traffic estimates for the year 2010. . She noted that with the addition of this proposed annexation and development, another 2,566 vehicle trips per day would be added to an already large number. Dr. Reif concluded by asking the Commission to say "No" to this requested annexation. 04-04-94 ----- --------- - 28 - Mr. Terry Lonner, Montana Department of Fish, Wildlife and Parks, 3602 Good Medicine Way, reviewed the chapter entitled Wildlife Values in an Urban Setting. He noted that animals know no political boundaries; and wildlife is one of the most marketable resources in Montana. He noted that, while wildlife is mentioned only once in the Master Plan, reference . to natural resources is included on forty pages of the master plan. Mr. Lonner then quoted from an article in the January/February 1974 issue of Montana Outdoors, in which then Governor Tom Judge was speaking to the Montana Jaycees. He noted that at that time, Montana was "in the backwater of the nation's economic system" and that "development had passed us like a ship in the night". The Governor concluded by indicating that "Montana still has the opportunity to preserve a quality environment. " Mr. Lonner noted that in the 1971 Legislative session, the Montana Floodway Management and Regulations Act was adopted; and that Act prohibits permanent structures in the 100-year floodway. He stated that since floodplains are often prime wildlife habitat, this helps to protect those unique areas and wetlands. Mr. Lonner stated that, included in the report, is a list of wildlife which has been . observed in the subject area; and that list includes 3 species of amphibians, 3 species of reptiles, 25 species of mammals and 75 species of birds. Mr. Terry Lonner concluded by encouraging the City to ensure that impacts on the wildlife habitat are mitigated. Dr. Allan Taylor reviewed the chapter entitled Availability of Homesite & Homes in the Bozeman Growth Area. He presented a chart reflecting the numbers of housing units available within ten miles of Bozeman and then in the remainder of the County. He noted that those numbers indicate that 1,874 units are available or under review within the "growth area" and 745 are available or under review in the remainder of the County, for a total of 2,640 available housing units. He stated these figures exclude any potential development of the subject parcel. Dr. Taylor then submitted to the Commission the Summary section of the report. He . reminded the Commission that they have submitted petitions, containing over 100 signatures, in opposition to the requested annexation. He then encouraged the Commission to not annex the subject property because it meets only one of the eight goals in the annexation policy; because the unique environmental and aesthetic values of the community would be compromised with city-density development; because the soil and water table characteristics 04-04-94 ...- - 29 - impose severe construction limitations; because of the wildlife that currently inhabit the area; because of traffic impacts; and because of the strain this would place on city services. Dr. Taylor encouraged the Commissioners to visit the site prior to taking action on this request, and further encouraged them to deny the application. . Mr. Garth Voigt, 3318 Sundance Drive, stated he had not realized the concerted effort which residents in the area were making in opposition to this requested annexation. He stated he purchased his home 2 % years ago, upon moving to Montana. He underscored the concerns which have been expressed about groundwater and environmental issues. He suggested that the current mixed use of the subject 147 acres, including agriculture, in the highest and best use of the land, in view of its severe limitations. He suggested that any change in use could result in a change in the groundwater level, which could create problems for the City. He noted that if this subject site is developed, it could increase the run-off in Bozeman Creek, which runs through a conduit under Main Street; and that could create flooding problems in those buildings. He then encouraged the Commission to not annex this subject parcel. Mr. John Milner, 3330 Sundance Drive, stated he owns buildings on Main Street . under which the conduit is located. He expressed his concern about the potential impact that development of the subject site may have on future flooding, particularly in those structures. Mr. Mike Utter, 210 Cirque Drive, indicated he is a resident of the County, and not in the immediate area of this application. He noted that the unique characteristics of the subject parcel have been discussed at length. He stated that what he has garnered from that testimony is the best way to have control over the situation and prevent development, which is the issue to which most people have spoken rather than annexation, is to prevent annexation. He suggested that the City must make a determination on what is the best way to control the growth process and protect the unique characteristics of the parcel. He suggested it may be most appropriate for the City to assume that control and ensure that the area is protected by providing city services. . Mr. Dieter Simonson, 425 Ryan Drive, asked how many septic tanks could be installed on the subject parcel if it were developed outside city limits. He noted it is obvious that there is a lot of development occurring in Gallatin County; and that development is occurring both inside and outside city limits. He suggested that if the City annexes the parcel, it can control the growth, provide city services, and benefit from the tax base it will generate. He stated that 04-04-94 -.... . - 30- if it develops as a county project, the City will still feel the impacts on services without receiving any offsetting revenues. Mr. Henry Kriegel, 424 West College Street, stated he has lived in the area for four years. He noted the difficulties which a middle-income family encounters when trying to . purchase a home in Bozeman, or even find a place to rent. He noted that to develop in the county requires a larger lot size and installation of a well and septic system. He suggested that it may be possible to provide more affordable housing by annexing, thus allowing smaller lots and connection to city services. He cautioned that if Bozeman is interested in encouraging young families to remain in the area, it is imperative that affordable housing be made available. Mr. David Penwell requested that, since he has just received a copy of the opponents' booklet, the public hearing be continued to next week's meeting to allow him an opportunity to prepare a more organized response. He noted that he has taken extensive notes and could probably respond at this time; however, that response may not be as complete as it should be, particularly in light of the misinformation which has been forwarded. Following a brief discussion, a majority of the Commission determined it would be . appropriate to continue the public hearing. as requested. to allow for applicant's closing responses. They further determined it would be appropriate to accept additional written testimony until 5:00 p.m. on Wednesday, April 6. Mayor Vincent continued the public hearing to 3:30 p.m. on Monday, April 11. Adjournment - 9:15 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. . 04-04-94 ---- ---- - --.-- -- - 30- if it develops as a county project, the City will still feel the impacts on services without receiving any offsetting revenues. Mr. Henry Kriegel, 424 West College Street, stated he has lived in the area for four years. He noted the difficulties which a middle-income family encounters when trying to . purchase a home in Bozeman, or even find a place to rent. He noted that to develop in the county requires a larger lot size and installation of a well and septic system. He suggested that it may be possible to provide more affordable housing by annexing, thus allowing smaller lots and connection to city services. He cautioned that if Bozeman is interested in encouraging young families to remain in the area, it is imperative that affordable housing be made available. Mr. David Penwell requested that, since he has just received a copy of the opponents' booklet, the public hearing be continued to next week's meeting to allow him an opportunity to prepare a more organized response. He noted that he has taken extensive notes and could probably respond at this time; however, that response may not be as complete as it should be, particularly in light of the misinformation which has been forwarded. Following a brief discussion, a majority of the Commission determined it would be . appropriate to continue the public hearing, as requested, to allow for applicant's closing responses. They further determined it would be appropriate to accept additional written testimony until 5:00 p.m. on Wednesday, April 6. Mayor Vincent continued the public hearing to 3:30 p.m. on Monday, April 11. Adjournment ~ 9: 15 D.rn. 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. . '- - ~ \LA,.,... v.-. ^ " ATTEST: JO N'INCENT; Mayor - " !) J~ BIN L. SULLIVAN, Clerk of Commission 04-04~94