HomeMy WebLinkAbout1994-03-07 ccmMINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
March 7, 1994
. 4 The Commission of the City of Bozeman met in regular session in the Commission
Room, Municipal Building, March 7, 1994, at 3:30 p.m. Present were Mayor Vincent,
Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost, City
Manager Wysocki 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.
Min - February 2 and Februanf 28. 1994
It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the
minutes of the regular meeting of February 22 and February 28, 1994, be approved as
submitted. The motion carried by the following Aye and No vote: those votilig Aye being
Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost and
Mayor Vincent; those voting No, none.
Continued Preliminary Plat review - Valley Crookf rm rl H m ivi i n -
K rin & Associates for P.C.evel m n - to subdivide 21.2 acres into 63 jingle -family and
25 multi -family du lex I r l a e in ±9 SE%,i 10, T21 R MPM 6 f
south of BabcQck and 1 feet eastf Y II w P- 4 1
This was the time and place set for continued review of, and a final decision on, the
preliminary plat for Valley Creek (formerly Valley Homestead) Subdivision, as requested by Kerin
& Associates for P.C. Development under Application No. P-9401, to subdivide 21.2 acres
located in the Southeast one -quarter of Section 10, Township 2 South, Range 5 East, Montana
Principal Meridian, into 63 single-family and 25 multi -family (duplex) lots. The subject property
is more commonly located 695 feet south of West Babcock Street and 135 feet east of
Yellowstone Avenue.
Planning Director Epple reviewed the contents of Assistant Planner Grigsby's memo
dated March 3, a copy of which was included in the Commissioners' packets. He noted the
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of his property is appropriate, particularly since there will be over 100 homes in the subdivision
which will benefit from the extension of the storm sewer line.
The City Manager then addressed the issue of constructing Fowler Lane, estimating
that the developer's cost would be $16,000 to $18,000, or approximately $200 per lot, which
is not an extraordinary amount.
Commissioner Stiff suggested that, particularly with the commotion that currently
surrounds the special improvement district process, it would be appropriate to require that the
developer extend Fowler Avenue from West Babcock Street to the south property line of the
subject parcel. He noted the importance of extending Fowler Avenue to West Main Street as
quickly as possible; and this would result in shortening the remaining distance substantially.
He then stated that, prior to this meeting, he asked the City Manager to develop an estimate
of costs for construction of that road.
City Manager Wysocki stated that, based on the developer's engineer's estimate of
$33,220 as his proportionate cost to construct Fowler Avenue from West Babcock Street, to
just south of Ravalli Street, the additional distance, which is approximately 700 feet, would be
approximately $30,000. He noted that in addition to that $63,000, the City would participate
at an estimated rate of $15,000 for the first half and an additional $14,000 for the portion
proposed by Commissioner Stiff,
The City Manager emphasized that the cities, not just Bozeman, are having trouble
selling special improvement distrit bonds lately, in light of a District Court decision. He noted
that decision has been appealed to the Montana Supreme Court; however, the bonds remain
difficult to sell, and the interest rates on any bonds sold are 1 %Z percent higher than they would
typically be.
The City Manager then recognized that this additional cost will be passed along to the
purchasers of the lots; and he suggested that since these are to be starter homes and since
most of the people will probably be first time buyers who are mortgaged to the maximum, it
iswould be more appropriate for those costs to be included upfront than to create a special
improvement district within the next few years, resulting in an additional monthly cost to the
homeowners on this subdivision.
Responding to Commissioner Stueck, the City Manager suggested that the portion of
Fowler Avenue between Ravalli Street and the south property line could be constructed prior
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to development of Phase II of the subdivision. He suggested, however, there may be an
economy in doing all of the paving at once; and the developer could opt to install it all at once.
Commissioner Stueck then stated support for Commissioner Stiff's proposal,
Particularly in light of the need for more north/south connectors to relieve some of the traffic
on West Babcock Street.
Commissioner Stueck pursued possible alternatives to a payback agreement that
would allow the developer to recoup a portion of the costs he incurs for extension of the storm
sewer system to the south property line, including the possibility of ending the line a few feet
short of the property line and then requiring the property owner to the south to seek an
easement for extension of the line. Following a brief discussion on this proposal, it was
determined that l ( a feasible alternative cannot be readily identified for Commission
consideration.
Responding to further questions from Commissioner Stueck, the City Manager stated
that when the property to the east of Fowler Avenue develops, the property owner will be
required to participate in improvements to that roadway to the extent that this developer is
being required to participate. He noted that since this roadway is anticipated to develop to a
four -lane arterial standard, the City will be responsible for the additional costs.
Responding to Mayor Vincent, Planning Director Andy Epple stated that those lots
backing onto Fowler Avenue will have a 20-foot rear yard setback, which places any building
a minimum of 40 feet from the nearest driving lane. He suggested that is not an unusual
situation; and most people will probably construct a six -foot -high privacy fence to further
minimize any impacts.
Responding to Commissioner Frost, the City Manager stated that the City will fund
its portion of the costs from the additional interest which is accruing on the monies from the
assessments receivable and notes receivable from Valley Unit Subdivision properties because
the monies are not being spent as quickly as originally anticipated. He further assured the
Commission that this will not compromise p any of the projects which have already been set for
funding from this source.
Commissioner Frost suggested that the language in Condition No. 3 should be the
same as in Condition No. 1, and requested that the words "... all 35-foot stream setbacks shall
be measured from the outside edges of the ten -foot -wide stream corridor...', be included in the
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condition. He noted that will make the construction of those two conditions parallel and will
alleviate any future problerns.
Planning Director Epple indicated it would be appropriate to make the two conditions
consistent, although he noted it will not change the method of calculating the setbacks in either
instance. In response to Commissioner Frost, he indicated that a ten -foot -wide stream corridor
is being provided in which the five -foot -wide stream will meander. He noted that, rather than
trying to measure setbacks from the edge of the meandering stream, it was determined that
to establish a ten -foot -wide stream corridor would make it much simpler for everyone involved.
Commissioner Stiff noted that if the developer chooses to construct Fowler Avenue
in phases, then the City's portion will be paid in phases as well.
Mayor Vincent stated there appears to be Commissioner consensus on the issues of
extending the storm sewer to the southern property line, allowing the developer up to three
years for the installation of sidewalks on the internal streets, and changing the languge in
Condition No. 3 so it is consistent with Condition No. 1. He then asked for Commissioner
responses to Commissioner Stiff's suggestion that the developer be required to extend Fowler
Avenue to the southern property line.
Commissioner Stiff suggested a revision to the last sentence in the frist paragraph of
Condition No. 22 would accommodate his proposal as well as Commissioner Stueck's proposal
for possible phasing. He also noted that if that is done, Condition No. 19b should be deleted
because there would then be no need for a future SID for street construction.
Commissioner Youngman stated that, while she feels there are other street projects
which have a higher priority than the development of Fowler Avenue, she feels that the
extension of Fowler Avenue in conjunction with this subdivision is appropriate.
Commissioner Frost stated his support for the proposed extension of Fowler Avenue.
He suggested some specific language should be included to reflect that the City will pay its
proportionate share of the construction costs, not all of the monies upfront if the roadway is
to be constructed in phases. He also stated his support is on the basis of additional interest
monies funding the costs, with the understanding that no monies will be taken from any of the
projects that have already been identified.
Commissioner Stueck forwarded his comments of support, noting the important part
that Fowler Avenue will play in moving traffic out of this area and onto West Main Street.
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It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the
Commission approve the preliminary plat for Valley Creek (formerly Valley Homestead)
Subdivision, as requested by Kerin & Associates for P.C. Development under Application No.
P-9401, to subdivide 21.2 acres located in the Southeast one -quarter of Section 10, Township
2 South, Range 5 East, Montana Principal Meridian, into 63 single-family and 25 multi -family
(duplex) lots, subject to the following conditions:
1. The stream/ditch shall be protected through the entire subdivision
(south or north borders) with a thirty foot wide open space
corridor (appropriately sized culvert understreets) dedicated to the
City of Bozeman as Public Linear Park. The meandering stream
shall be located within a ten foot (10') wide corridor offset in the
west half of the dedicated linear park and shown on the final plat.
All 35-foot stream setbacks shall be measured from the outside
edges of the ten foot (10') wide stream corridor and shown on the
final plat. A meandering five foot (5') wide pedestrian/bike trail
shall be included within the east half the entire length of the
dedicated linear park, and shall also be shown on the final plat.
The meandering stream banks shall be landscaped and planted
with native plants and vegetation such as cattails, willows, aspen,
cottonwood, red twig dogwood and natural grasses the entire
length of the dedicated linear park. A landscape plan which
provides for adequate stream maintenance considerations, shall be
submitted for review and approval by the Superintendent of Parks
prior to final plat approval. The trail shall have an improved gravel
or impervious surface. Surface material, base preparation,
compaction and depth shall meet minimum standards and shall be
approved by the Superintendent of Parks. All utility service
easements shall be located outside of the linear park boundaries.
No utility service easements or service lines will be allowed to be
located in the Linear Park;
2. That if in the course of stream realignment through the proposed
subdivision it becomes necessary to realign the stream on the
school property, the applicant shall coordinate with school
officials for an acceptable relocation;
3. That all 35-foot stream setbacks shall be measured from the
outside edges of the ten foot (10') wide stream corridor, and
shown on the final plat. The setback must account for any
channel meandering. A hydraulic profile should be shown on the
final plans to determine the 100-year high water elevations along
the channel. The final plat would contain this information and
require that finish floor elevations be established to be above the
100 year high water elevations. The applicant shall obtain written
permission from the ditch owner for the proposed relocation;
4. That the final subdivision plat shall include a notation in bold,
uppercase letters, a minimum of 3/16 of an inch high, referencing
that potential of high ground water, and that full basements are
not allowed;
5. That the applicant shall include a statement in the covenants
which restricts the amount and/or type of chemicals applied to
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yards to acceptable standards, or which otherwise adequately
addresses the potential problem;
6. That the applicant shall change the height requirements in the
covenants to reflect the height limitation requirements for the
Zoning District(s) as listed in the Bozeman zone code;
7. That the individual lot designations (i.e. single, duplex, lots
stubbed for townhouses, etc.) shall be identified on the final plat.
No paved streets will be allowed to be cut for the installation of
additional water/sewer stubs. Only those lots which have the
proper number of required service stubs installed prior to paving
of the streets, will be allowed to be subdivided for townhouse
units;
8. That a temporary cul-de-sac turn -around, designed to a standard
acceptable by the City Engineering Department shall be installed
at the south end of Prairie Avenue. Said cul-de-sac will be located
on the subject property, or off the subject property through an
easement and contract with the adjoining property owner, and
shown on the final plat;
9. That "Prairie" Street shall be correctly spelled on the final plat;
10. That along with designing the storm drainage infrastructure
internal to the above referenced subdivision, the applicant's
engineer must demonstrate that the Valley Unit storm drainage
system is adequate to handle the additional runoff created by this
project. if this can not be accomplished, the project engineer shall
submit the following for review and approval by the City Engineer:
Storm Water Master Plan: A Storm Water Master Plan for the
subdivision for a system designed to remove solids, silt, oils,
grease, and other pollutants from the runoff from the puLlic
street§ andll lotg must be provided to and approved by the City
Engineer.
The master plan must depict the maximum sized retention basin
location, and locate and provide easements for adequate drainage
ways within the subdivision to transport runoff to the stormwater
receiving channel. The plan shall include sufficient site grading
and elevations information (particularly for the basin site and
across lot drainage ways), typical stormwater detention/retention
basin and discharge structure details, basin sizing calculations,
and a stormwater maintenance plan;
11. That if construction activities related to the project results in the
disturbance of more than 5 acres of natural ground, an
erosion/sediment control plan may be required. The Montana
Department of Health and Environmental Sciences, Water Quality
Bureau should be contacted by the applicant, to determine if a
Storm Water Discharge Permit is necessary. If permitting
requirements include implementation of an erosion/sediment
control plan, the methods of control shall be in place prior to any
infrastructure construction or site grading.
An erosion/sediment control plan may also be necessary for
disturbed areas of 5 acres or less if the point of discharge is less
than 100 feet from State Waters;
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12. That Plans and Specifications and a detailed design report for
water, storm drain and sewer main extensions, and the public
street prepared by a Professional Engineer (PE) shall be provided
to and approved by the City Engineer and the Montana
Department of Health and Environmental Sciences. The applicant
shall also provide Professional Engineering services for
Construction Inspection, Post -Construction Certification, and
preparation of mylar Record Drawings. Construction shall not be
initiated on the public infrastructure improvements until the plans
and specifications have been approved and a preconstruction
conference has been conducted;
13. That the water main system must be "looped", meaning the water
mains serving this subdivision shall be connected at a minimum of
two different places to the City water main infrastructure;
14. That a sewer main must project at least 15-feet across the lot line
(extended) of Lot 76 to insure adequate sewer main frontage;
15. Storm drainage infrastructure in Ravalli Street shall be extended
to the south end of Prairie Avenue for adequate street intersection
inlet placement and eventual connection to the storm drainage
system in the future extension of Prairie Avenue to the south.
The storm drainage pipe in Ravalli should be sized for the future
additional runoff from further development. The final storm
drainage system layout shall be approved by the City Engineer;
16. That all infrastructure improvements including 1) water and sewer
main extensions, and 2) public streets, curb/gutter, and related
stormwater improvements shall be financially guaranteed or
constructed prior to final plat approval. No building permits will
be issued prior to acceptance of subdivision infrastructure
improvements;
17. Sidewalks constructed to City standards shall be installed on both
sides of all interior subdivision streets. Said sidewalks shall be
installed by the lot owners prior to occupancy of each lot, or
within three years of the date of final plat approval for each
subdivision phase, whichever occurs first. This condition shall be
included in the covenants for this subdivision and shall be noted
on the final plat;
18. That the Montana Fish Parks and Wildlife, SCS, Montana
Department of Health and Environmental Sciences, and Army
Corps of Engineer's shall be contacted regarding the proposed
project and any required permits (i.e. 310, 404, Turbidity
exemption, etc.) obtained prior to FSP approval;
19. That the Applicant shall provide and file with the County Clerk
and Recorder's office executed Waivers of Right to Protest
Creation of SIDs for the following:
a. Street improvements to Babcock Street
including paving, curb/gutter, sidewalk, and
storm drainage (unless currently filed with the
property); and
b. Signalization at Main and Babcock Streets and
Fowler and 191;
20. That easements for the water and sewer main extensions shall be
a minimum of 30 feet in width, with the utility located in the
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center of the easement. In no case shall the utility be less than
10 feet from edge of easement;
21. That Project Phasing shall be clearly defined including installation
of infrastructure. Required improvements to Fowler Avenue and
water main looping shall be included in the first phase;
22. That the developer shall provide for the dedication of a 50-foot
right-of-way for the Fowler Avenue access from West Babcock to
the south edge of the proposed subdivision. Fowler Avenue shall
be improved to City standard half width arterial design, (minimum
30-foot pavement width plus 2-foot shoulder on the east side,
plus curb, gutter, and sidewalk on the west side and a standard
barricade at the end), from West Babcock Street to the south
boundary line of the project. The construction of these street
improvements may either be accomplished in phases, with that
portion of the street lying between West Babcock Street and the
south right-of-way line of the extension of Ravalli Street being
completed prior to final plat approval for Phase 1, and that portion
of the street lying between the south right-of-way line of the
extension of Ravalli Street and the south boundary line of the
project being completed prior to final plat approval for Phase 11,
or the developer may choose to construct the entire required
street prior to final plat approval of Phase I.
The City of Bozeman will agree to reimburse the developer for the
cost of thirteen and one-half feet (13%') width of the required
Fowler Avenue asphalt paving and underlayment, in proportion to
the portion of the street installed by the developer. For the
developer to be eligible for this reimbursement, he shall provide
evidence documenting a competitive bidding process for the
Fowler Avenue improvements, which shall be subject to review
and approval by the Director of Public Service. The developer
shall be responsible for the costs of all other required Fowler
Avenue improvements including all engineering costs;
23. That street marker and stop signs shall be installed by the
developer at all intersections to City specifications and standards,
prior to final plat approval;
24. That the final plat shall comply with Section 16.10.030 of the
Bozeman Area Subdivision Regulations, and shall include all
appropriate Documents and correct Certificates;
25. That the Department of Health and Environmental Sciences
approval of the subdivision must occur prior to final plat approval
pursuant to Section 16.16.101 through 16.16.805, A.R.M.;
26. That the developer shall enter into an Improvements Agreement
with the City of Bozeman guaranteeing the completion of all
improvements in accordance with the preliminary plat submittal
information and conditions of approval. If the final plat is filed
prior to the installation of all improvements, the developer shall
supply the City of Bozeman with an acceptable method of security
equal to 150% of the cost of the remaining improvements; and
27. That the developer shall have three years from the date of
preliminary approval to complete the above conditions and apply
for final plat approval.
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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.
U12date re water quality district Justin Buchanan.Gallatin County Hep-lth Department
a
City Manager Wysocki noted included in the Commissioner's packets was a memo
from Justin Buchanan, Gallatin City -County Health Department, dated March 2, 1994,
forwarding information on the proposed local water quality district, including a draft of the
program. He stated that five objectives for the program have been identified:
1. Conduct a multi -faceted public education program.
2. Facilitate proper containment management.
3. Assess and monitor water quality.
4. Wellhead protection for the City of Manhattan and the City of
Belgrade.
5. Stormwater drains in Bozeman.
Mr. Buchanan briefly highlighted these objectives, stating that the first three
objectives are applicable to all of the district; and the last two objectives are specific to the
communities involved. He noted that the stormwater concerns in Bozeman generally revolve
Ol around the fact that some of those inlets dump directly into Bozeman Creek. He noted that
studies of runoff have been conducted several times; and no real problems have yet been
identified. He stated that the Department of Fish, Wildlife and Parks has identified the
headwaters of the East Gallatin River as its main concern, because of the development which
is occurring around it. He noted that re -authorization of the clean water act is also of concern,
since it could require that any water discharge into a waterway meet the drinking water
standards.
Mr. Buchanan stated that the first three objectives do not recognize any political
boundaries, but will pertain to all parcels within the district. He stated that, while public
education is probably one of the most critical components of the program, it is important that
facilities be provided to ensure the proper disposal of contaminants.
Mr. Buchanan stated that the process for establishing a water quality district will
begin to move rather quickly now. He stated the County Commission is responsible for
creation of the water quality district; and they plan to begin that process on March 29 by
adopting a resolution of intent and providing a time for public input. He estimated that the
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process of creation will be completed during the first week of April; and the communities of
Bozeman, Belgrade and Manhattan will then be asked to adopt a resolution of participation
within the next couple of weeks.
Responding to questions from Commissioner Frost, Mr. Buchanan stated that at this
time, any new projects involving subdivisions must go through a review by the State; and the
septic systems must meet all non -degradation standards. He stated that one of the primary
goals of this program is to monitor water resources on a county -wide basis, to ensure that
degradation does not occur.
Commissioner Stueck asked what authority the City of Belgrade may have to address
growth just outside its city limits, to ensure that such growth does not negatively impact the
wells which provide its water.
Mr. Buchanan indicated that could be one of the biggest benefits of this district, since
intensive monitoring can provide for early identification of problems. He noted the offender can
then be required to remedy the problem.
Commissioner Youngman noted emphasis has been on water quality, asking if water
quantity will also be addressed. She noted this area is growing rapidly; and water quantity
could become an issue. She also asked if any type of water conservation program will be
considered.
Mr. Buchanan responded that the legislation which allows the creation of local water
quality districts talks about water quality, not water quantity. He stated, however, that since
the two are so closely related, the issue of water quantity will probably be addressed to some
extent through addressing of water quality issues.
Mr. Justin Buchanan stated that after the water quality district is established, the
work program will be reviewed annually, and rewritten to accommodate the changing needs
of the communities involved.
Responding to Commissioner Stiff, Mr. Buchanan stated that the fees assessed
against properties within the district will be $5 to $7 annual) per improved y p p oved property, which
includes all properties with buildings for residential or commercial purposes that use water and
sewer services. He suggested that the assessment will probably be lower for those properties
serviced by municipal systems than those serviced by individual systems.
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Responding to questions from Mayor Vincent, Mr. Buchanan stated that the Board of
Health will be responsible for overseeing the district activities and approving its work program
and budget. Oversight of the staff will be the responsibility of the board of directors for the
district.
0 Mayor Vincent noted it is important that the City residents are proportionately
represented on the board of directors for the water quality district. He recognized that the
County Commission is the entity which has the power to set the fees, noting that the City
could always decide to withdraw from the district if it felt the fees were being increased too
drastically.
Mr. Buchanan stated the County Commission cannot raise the fees more than 10
percent per year.
Commissioner Frost stated he feels that monitoring is an extremely important part of
the program. He noted the costs that can be involved in addressing a problem when that
problem is discovered, indicating this district will hopefully allow early detection of any problem
that may occur.
0 Mayor Vincent noted that in surveys of area residents, air quality and water quality
have consistently ranked in the No. 1 position, even above economic development. He stated
that the creation of a water quality district will hopefully ensure that this asset is protected.
He then thanked Mr. Buchanan for his presentation.
Continued discussion - review of City's sidewalk policy. as set forth in Commission Resolution
No. 2816
This was the time and place set for the continued discussion for review of the City's
sidewalk policy, as set forth in Commission Resolution No. 2816.
Included in the Commissioners' packets was a memo from City Engineer Craig
Brawner, dated March 2, 1994, forwarding the final revision of the City's sidewalk installation
0 policy.
City Engineer Brawner reminded the Commission that this process has covered an
extended period of time, beginning last fall. He stated that the draft sidewalk policy attached
to his memo is designed as the final draft and is based on Commissioner feedback after it
conducted a public hearing on the implementation program and sidewalk installation schedule.
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He characterized the new draft as essentially the same as the previous policy with a few
changes, including the development of a "sidewalk need rating criteria sheet", which will be
used as the basis for determining when sidewalk installations will be required in the future. He
stated the last page of the information he provided is a partial sidewalk installation priority list,
based on rating sheets which had been completed on some randomly selected areas and streets
in the community, to show haw those sheets would work.
City Engineer Brawner briefly highlighted some of the key issues in the policy. He
stated the basic premise is that sidewalks will be required for all new construction in the
community. He noted, however, that in a few residential areas where there are no sidewalks
and yet some new construction is occurring, it is not practical to require the installation of
sidewalks during construction of the new home. He also noted that in the established
commercial/industrial areas, internal pedestrian walkways have been allowed in lieu of
sidewalks; and it is not practical to require sidewalks in those areas as infill continues. He
suggested, however, that if a new commercial/industrial subdivision is created, the Commission
may wish to require the installation of sidewalks.
City Engineer Brawner then asked for Commission reaffirmation that those residents
in Figgins Addition who were ordered to install sidewalks last summer are indeed required to
install sidewalks. He stated that the consulting engineer is preparing a letter to send to all of
those property owners, reminding them of the June 1 deadline for private installation, in
preparation for development of contract documents to complete the remaining work. He stated
that under the current policy, residents along cul-de-sacs are required to install sidewalks; but
a number of residents in the Figgins Addition have petitioned to not be included in the sidewalk
order. He noted that, although the previous Commission held a public hearing on that request,
no decision has been made to overturn the original order.
The City Engineer reminded the Commission that three cul-de-sac streets in Figgins
Addition, Morrow Street, Cutting Street and Spring Creek Drive, do not have adequate right-of-
way to accommodate the installation of sidewalks. He further noted that the City staff has not
been directed to pursue the acquisition of adequate right-of-way to accommodate the
installation of sidewalks, so no action has been taken on that issue to date.
Commissioner Stueck forwarded his concerns about the policy, stating he feels the
ward "require" in Sections 3.1 and 3.2 should be changed to a less demanding word. He also
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suggested that provision conflicts with Section 3.8. He also expressed concern that Section
3.3 provides that 51 percent of the residents in a subdivision may ask for the installation of
sidewalks, based on safety or some other need; however, it does not provide that 51 percent
of the residents in a subdivision may ask that sidewalks not be required. He cited Westridge
Subdivision and New Hyalite View Subdivision as examples of subdivisions where wide streets
have been installed and where it does not appear that sidewalks are needed to address safety
concerns. He emphasized that the City would be required to determine that no safety issues
are identified in any action it may take to not require sidewalks in a specific area.
Commissioner Stueck suggested that the provision for installation of sidewalks within
three years from the approval of a subdivision be included in the policy, noting this is consistent
with what the Commission has done on its approval of subdivisions recently. He then asked
how much the City's budget for maintenance of sidewalks will need to be increased to
accommodate the installation of sidewalks around City properties under this policy.
Commissioner Stueck then suggested that the language in Section 3.13.3 be changed
to read "... The City Engineer, or the City Commission or the City Manager, determines the
need to install ..." He noted that, while he believes City Engineer Brawner will make
appropriate decisions, there is no guarantee who will fill the City Engineer position in the future;
and this could become an issue of one individual retaining all of the power to make that
determination.
Commissioner Stueck then noted that this policy does not provide for City
reimbursement of costs that might be incurred in the relocation or removal of mature
landscaping necessary to accommodate the installation of sidewalks.
City Manager Wysocki stated that the current policy allows for curving the sidewalk
to maneuver around a mature tree or shrub, if necessary. He then indicated that any additional
costs that might result from that change in alignment are to be borne by the property owners.
He noted no problem with the additional language proposed in Section 3.13.3, noting that the
• City Engineer is the technical person on staff who forwards the recommendation but, in reality,
he does not make the final decision without support from management.
Commissioner Youngman stated she feels the proposed revisions respond well to the
comments and concerns raised during the public hearing. She then asked if there are any
warrants for requiring the installation of sidewalks on cul-de-sac streets.
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City Engineer Brawner responded that he has not found any warrants for the
installation of sidewalks, based on the number of pedestrian trips or vehicle trips per day. He
stated however, that he firmly believes that vehicular and pedestrian traffic should be
separated. He then noted that the current policy requires the installation of sidewalks along
all streets from which a residence may gain access, even if there is only one house on the
street, except for temporary cul-de-sacs.
Further responding to Commissioner Youngman, City Engineer Brawner stated that
an all -season internal pedestrian way, with an approved plan for installation and maintenance,
can be an acceptable alternative to sidewalks in some instances. He stated, however, that in
areas like New Hyalite View where there is no maintenance program and where it is sometimes
necessary to walk in the street for two or three blocks to reach an internal pedestrian way, that
is not construed as a viable alternative to sidewalks.
Commissioner Stiff noted he has heard a lot about sidewalks over the years, observing
that some people in some areas have very strong feelings about the issue. He then stated his
appreciation for the comments which have been forwarded by the new Commissioners.
0 Commissioner Frost stated his support for the concept that sidewalks should be
installed along all public rights -of -way, with the option of curvilinear walks where deemed
appropriate and desirable. He suggested that Section 3.6 could be revised to require the
installation of sidewalks prior to occupancy of a new home or within three years of approval
of a subdivision plat, to correspond with Commission actions on recent subdivisions.
Commissioner Frost then stated that Commissioner Stueck's comments about safety
are well taken. He noted however, that today's safety issues and safety needs are not
necessarily the same as they will be in ten or fifteen years. He stated that, as a result, he feels
it is important to rely on the rating sheet criteria that have been established rather than on the
current composition of a subdivision.
Commissioner Frost noted that there is sufficient right-of-way along most of the
streets in the community to accommodate a sidewalk. He stated that if there is landscaping
that must be removed to install a sidewalk, that typically means the landscaping has been
installed in the City's right-of-way rather than on the property owner's lot; and he does not feel
the City should incur any type of expense for relocation or replacement of that landscaping.
03-07-94
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Mayor Vincent noted that he did not vote in favor of the sidewalk policy before; and
he still has some concerns about it. He stated, however, that he feels the issue of public
safety is the No. 1 priority that must be addressed. He noted there should be enough flexibility
in the policy to allow older, established areas of the community which were designed without
sidewalks to continue without sidewalks unless it is determined that public safety is an issue
that must be addressed and accommodated.
City Manager Wysocki asked the Commission for response to City Engineer Brawner's
request for reaffirmation of last summer's order to install sidewalks in Figgins Addition,
including along cul-de-sac streets; no Commissioners stated any objections.
Mayor Vincent requested that the City Engineer bring back revisions to the sidewalk
policy, as identified in this discussion, for further Commission consideration.
Qrdinance N. 1377 :_mtablilhing @ neighbDrhQod earkfingi ri n r t_h&JM__Qntan@
University campus
City Manager Wysocki presented Ordinance No. 1377, as approved by the City
Attorney, entitled:
! ORDINANCE NO. 1377
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE
AMENDED BY ADDING SECTION 10.32.395, PERTAINING TO STOPPING,
STANDING, AND PARKING OF VEHICLES THEREBY CREATING A
RESIDENTIAL ON -STREET PARKING PERMIT REGULATION PROGRAM IN
THE VICINITY OF MONTANA STATE UNIVERSITY PURSUANT TO
SECTIONS 10.32.350 THROUGH 10.32.390 OF THE BOZEMAN
MUNICIPAL CODE, WHICH CREATE THE PROCEDURES FOR
ESTABLISHING RESIDENTIAL ON -STREET PARKING PERMIT REGULATION
PROGRAMS.
Included in the Commission packets is a memo from Assistant City Manager Ron
Brey, dated March 4, 1994, forwarding a final, revised copy of Ordinance No. 1377.
Assistant City Manager Brey reviewed the contents of his memo. He stated that,
based on discussions at the last Commission meeting, staff has carefully reviewed Ordinance
No. 1377, and revised it where necessary, to ensure that the needs of the West College Street
businesses are met, and that the needs of the Irving School and the fraternities and sororities
are accommodated. He stated that no ordinance changes are needed to accommodate the
needs of the West College Street businesses, assuring the Commission there is adequate
flexibility in the ordinance to accommodate the concept of transferrable permits for the
03-07-94
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0
employees. He stated that one subsection has been added to ensure that the needs of the
Irving School and the fraternities and sororities are met.
Assistant City Manager Brey stated that no revisions to the boundaries of the district
are proposed under this ordinance. He then distributed a map to the Commission showing
those blocks for which the City has received petitions for annexation or de -annexation. He
stated these petitions will be acted upon separately; and those revisions will be in place prior
to the August implementation of the district. He also noted that the residents in the 600 block
of South 11 th Avenue have requested that the parking restrictions contained in the
transportation plan, which provide for the removal of all on -street parking, not be implemented
in that block.
The Assistant City Manager stated that staff has determined that the enabling
ordinance must be modified to accommodate a penalty clause. He noted that ordinance will
be forthcoming in the near future, for Commission consideration. He also reminded them that
a resolution establishing the fees for parking districts will be forthcoming.
Assistant City Manager Brey stated that the large and small signs for the parking
district are to be posted adjacent to the Irving School on March 16 and 17, which is during
spring break. He asked the Commissioners to review those signs and forward their comments
to staff, so he can determine the signage requirements. He then noted that if the Commission
later determines that parking permits can be issued on a limited basis to MSU faculty, staff and
students, stickers containing the block face number can be added at a later date.
It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the
Commission finally adopt Ordinance No. 1377, establishing a residential on -street parking
permit regulation program in the vicinity of the Montana State University campus. 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.
_Qmmisaion- Re§olutionN -i annex 27 -trlgt located
in the NW'4 Section 15 T2S. R5E MPM (south side of H ffin
03-07-94
Lane, west of Ferguson Road extended); set 1ublic hearing for
Al2ril 4. 1994
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 PARTICULARLY DESCRIBED, TO EXTEND THE
BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID
CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF.
Commission Resolution No. 2961 - intent to annex 0.48-acrll tract located
in the SE%. Section 11, T2S, R5E, MPM (2502 West B@bcock
Street); set public hearing for April 4, 1994
COMMISSION RESOLUTION NO. 2961
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 PARTICULARLY DESCRIBED, TO EXTEND THE
BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID
CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF.
Commission Resolution No. 2962 - intent to annex 1.0-acre tract located
in the SW%. Section 13, T2S, R5E, MPM (1571 Willow Way); set
public hearing for April 4, 1294
COMMISSION RESOLUTION NO. 2962
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 PARTICULARLY DESCRIBED, TO EXTEND THE
BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID
CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF.
Commission Resolution No. 2963 - intent to annex 147.23-acre tract
located in the NE%. Section 24, T2S, R5E. and the NW%.
Section 30, 12S. R6E, MPM (north of GQldensteln Lane, east of
South 3rd Avenue, south of Graf's Fourth): set public hearing for
April 4. 1994
COMMISSION RESOLUTION NO. 2963
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 PARTICULARLY DESCRIBED, TO EXTEND THE
BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID
CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF.
Acknowledge recglglt Qf request for annexation submitted by Kgrin &
Associates for PC Development 0.994-acre tract located in COS
J-92-A, located in the SE%, Section 10. T2S, R5E, MPM
03-07-94
-19-
(Southwesl—garner Qf WeSt BabsagA Streetn Fowler RQMd
-extended),-refer to staff
Authorize i Manager to sign - A mn n the CilyBozeman
State of Montgna DeRgrtmentof TransRortatign and Gall@11n
Farmers Canal QomRany for realignmentf tho f rm canill in
conjunction wih N2qb 19thAStreet
A riz i r - Am n-ProfessionalServicel
A r em nt with HKM A cia a- 1992 Water and Sewer
Renovation r - f i fo_r_groiegt
It was moved by Commissioner Frost, seconded by Commissioner Youngman, that
the Commission approve the Consent Items as listed, and authorize and direct the appropriate
persons to complete the necessary actions. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner
Stiff, Commissioner Stueck and Mayor Vincent; those voting No, none.
Rece - 5.4
Mayor Vincent declared a recess at 5:43 p.m., to reconvene at 7:00 p.m. for the
purpose of conducting the continued public hearing and scheduled work session as well as
0 completing the routine business items.
RAonvene - 7:OQ 12.M.
Mayor Vincent reconvened the meeting at 7:00 p.m., for the purpose of conducting
the continued public hearing and scheduled work session as well as completing the routine
business items.
Continued lic hearing - n it' n I P rmi - Saringer GrouR - allow cQnstruction of a
7 7- a-f t riU and tire-shop(Tire Ramill as -Second Atructureh in
Mall I cate nC.Q.S. 467 Main Mall Annexation (2g!25 West Main Street) Z-93139
This was the time and place set for the continued public hearing for the Conditional
Use Permit requested by Springer Group under Application No. Z-93139, to allow construction
of a 7,807-square-foot auto accessories and tire shop (Tire Rama) as second structure at the
Main Mall, located on Certificate of Survey No. 467, Main Mall Annexation. The subject site
is more commonly known as 2825 West Main Street.
Mayor Vincent opened the public hearing.
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11
E
0
Assistant Planning Director Debbie Arkell presented the staff report. She stated the
subject site is owned by Anna Mae Anderson, Lori Rae Anderson Healy, Joan Lynn Anderson
and Ross Gilbert Anderson (% interest) and Roma M. Michel (% interest), in care of Harry
Daum. She stated that when the 38-acre Main Mall site was originally platted, it included four
development pods on which were planned buildings to house businesses such as the Tire
Rama, fast food establishments and possibly a bank. She noted that these pods were not
actually divided into individual lots; and it was anticipated that more than one building could
be constructed on a pod.
The Assistant Planning Director stated that the Tire Rama store is to be constructed
on Parcel D, which is located immediately behind the Montana Woolen Shop, adjacent to the
Fish, Wildlife and Parks ponds. The 7,807-square-foot-structure is to contain seven service
bays, each with an overhead door, and an office/waiting area. Twelve of the fourteen off-
street parking spaces are to be provided within the pod; and the two remaining spaces will be
provided in the Main Mall parking lot, which is large enough to easily accommodate those
additional vehicles.
The Assistant Planning Director stated that access to the subject structure is to be
from the Main Mall parking lot, with no direct access onto U.S. Highway 191. Signage is to
be on the awnings only; and no freestanding signs are desired.
Assistant Planning Director Arkell stated that the applicant worked with Assistant
Planner Grigsby in developing the plans for this site, to ensure that the requirements of the
design objective plan were met since the subject site lies within the West Main Street entryway
overlay district.
Assistant Planning Director Debbie Arkell stated that the City -County Planning Board
considered this application at their meeting of February 15. She stated that no members of the
public were present to speak. She noted the Board had no questions and did not have any
problem with the conditions recommended by the Planning staff; and the applicant indicated
no problem with the recommended conditions. She stated this application was placed on the
Consent Agenda at the Planning Board meeting and was approved, subject to the 18 conditions
recommended by staff. She then briefly highlighted those conditions.
Mr. Lowell Springer, architect representing the applicant, stated his appreciation for
the staff review to which his application was subjected. He urged the Commission to retain
03-07-94
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the architectural expertise which exists on the Planning staff, noting that expertise and the
current zoning process serve the community well.
Mr. Springer then expressed concern that Condition No. 3 requires awnings to be "a
dark color", which is a rather ambiguous statement. He then asked for an opportunity to work
with staff to determine the final color of those awnings.
City Manager Wysocki stated support for that request, suggesting that the language
in the condition be revised to state, "... The final color of the awnings is to be established in
cooperation with the Planning staff."
hearing.
No one was present to speak in opposition to the requested conditional use permit
Since there were no Commissioner objections, Mayor Vincent closed the public
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.
Commissioner Stueck announced his potential conflict of interest on this agenda item,
since his employer may be one of the contractors bidding on the building. He stated that,
because of this perceived potential conflict, he will abstain from voting.
It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the
Commission approve the Conditional Use Permit requested by Springer Group under Application
No. Z-93139, to allow construction of a 7,807-square-foot auto accessories and tire shop (Tire
Rama) as second structure at the Main Mail, located on Certificate of Survey 467, Main Mail
Annexation, subject to the following conditions:
1. That no outside storage of tires, new or used, take place on the
property, with the exception of roll -out display racks, which must
be stored inside after business hours. All automotive work shall
be performed within the building;
2. The landscape plan must be prepared and certified as required in
Section 18.50.100.1)(3c), shall clearly label all grass/sod areas,
and include additional shrub groupings in the entry area, north and
west facades, and around the perimeter landscape areas. The
additional shrub groupings shall include seasonal color;
3. The final site plan shall include a detail of the awning signs,
including the method of illumination. Site signage may not exceed
142.5 square feet of area. The final color of the awnings is to be
established in cooperation with the Planning staff;
4. The sidewalk and curb on the front of the site, next to the
existing access drive, shall be constructed as shown on the
preliminary site plan;
03-07-94
5. A Stormwater Drainage/Treatment Grading Plan and Maintenance
Plan for a system designed to remove solids, silt, oils grease, and
other pollutants must be provided to and approved by the City
Engineer. The plan must demonstrate adequate site drainage
(including sufficient spot elevations), stormwater
detention/retention basin details (including basin sizing and
discharge calculations, and discharge structure details),
stormwater discharge destination, and a stormwater maintenance
plan;
6. The proposed facility must be served by and connected to
approved 12ublig sewer and water mains.
Plans and specifications for the water and sewer main extensions,
prepared by a Professional. Engineer (PE), shall be provided to and
approved by the City Engineer and the Montana Department of
Health and Environmental Sciences prior to the initiation of
construction. The applicant shall also provide Professional
Engineering services for construction inspection, post -construction
certification, and preparation of mylar record drawings. No
building permits will be issued prior to City acceptance of the
installed infrastructure improvements.
Plans and specifications for any fire service line must be prepared
in accordance with the City's Fire Service Line Policy by a
Professional Engineer, and be provided to and approved by the
City Engineer prior to initiation of construction of the fire service
or fire protection system. The applicant shall also provide
Professional Engineering services for Construction Inspection,
Post -Construction Certification, and preparation of mylar Record
Drawings.
The sewer and water services shall be shown on the final site plan
and approved by the Water/Sewer Superintendent. City of
Bozeman applications for service shall be completed by the
applicant. A heated, accessible, adequately sized location for the
water meter must be provided inside the new building, with the
location thereof approved by the Water Superintendent and shown
on the floor plan of the final site plan.
A sewer service sample manhole shall be provided on the sewer
service. Location shall be identified on the final site plan and a
detail for the unit shall be provided and approved by the City
Engineer.
A Pretreatment Program Sanitary Sewer Survey shall be
completed by the applicant and submitted to the Engineering
Department prior to final site plan approval.
The question of ownership and responsibility for the existing
water and sewer mains on the Main Mall property must be
finalized prior to the issuance of a building permit.
A letter shall be forwarded to the Fire Department indicating who
is responsible for the maintenance and repair of the water main,
fire hydrants, and the system to which they are connected to prior
to final site plan approval;
7. The size and location of all water and sewer mains and service
lines, existing and proposed, must be accurately shown on the
final site plan and final Ian scale plan. This includes all fire
03-07-94
-23-
hydrants with 500 feet of the subject building. The location of
the existing water and sewer mains and nearby fire hydrants shall
be properly depicted on the final site plan. All existing utility and
other easements must be shown on the final site plan;
8. Any floor drains proposed for the building interior shall be shown
on the final site plan. Floor drains located in a vehicle accessible
area shall be provided with the City Standard grit/oil separator
approved by the City Engineer. A detail for the grit/oil separator
shall be provided with the final site plan;
9. The property owners shall provide and file with the County Clerk
and Recorder's office executed waivers of right to protest the
creation of SID's for the following:
a. Street improvements to Fowler Lane, from
West Babcock to Huffine (West Main/U.S.
191), including paving, curb/gutter, sidewalk,
and storm drainage; and
b. Signalization at Huffine (West Main/U.S. 191)
and Fowler Avenue;
10. Seven copies of the final site plan containing all of the conditions,
corrections, and modifications approved by the City Commission
shall be submitted for review and approved by the Planning
Director within six months of the date of City Commission
approval;
11. The applicant shall enter into an Improvements Agreement with
the City to guarantee the installation of required on -site
improvements at the time of final plan submittal. Detailed cost
estimates, construction plans and methods of security shall be
made a part of that Agreement;
12. If occupancy of the structure or commencement of the use is to
occur prior to the installation of all improvements, the
Improvements Agreement must be secured by a method of
security equal to one and on -half times the amount of the
estimated cost of the scheduled improvements not yet installed.
Said method of security shall be valid for a period of not less than
twelve 0 2) months; however, all on -site improvements shall be
completed by the applicant within nine (9) months of occupancy
to avoid default on the method of security;
13. A building permit must be obtained within one (1) year of final site
plan approval. Building permits will not be issued until the final
plan is approved;
14. Within 60 days of final completion of all site work the applicant's
licensed architect or engineer overseeing the project shall certify
to the City -County Planning Department that all improvements
have been completed in accordance with the approved final plan;
15. The right to use and occupancy permit shall be contingent upon
the fulfillment of all general and special conditions imposed on the
Conditional Use Permit procedure;
16. That all of the special conditions shall constitute restrictions
running with the land use and shall be binding upon the owner of
the land, his successors and assigns;
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IWZ1 E
17. That all conditions specifically stated under any conditional use
listed in the zoning ordinance shall apply and be adhered to by the
owner of the land, successors or assigns; and
18. That all of the special conditions required by the City Commission
shall be consented to in writing by the applicant.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Youngman, Commissioner Stiff, Commissioner Frost and Mayor Vincent; those voting No,
none. Commissioner Stueck abstained.
Discussion - FYI Item
City Manager Wysocki presented to the Commission the following "For Your
Information" items.
(1) Letter from the Montana Department of Transportation, dated March 4,
announcing that the City's application for CTEP monies to fund a pedestrian/bicycle facility
along Highland Boulevard has been approved.
(2) Letter from the Montana Department of Transportation, dated February 28,
inviting the Commissioners to attend an Executive Overview session entitled "Access
Management, Location & Design", scheduled for 8:00 a.m. on Wednesday, March 23 in
Y ,
Helena.
Commissioner Stiff asked if anyone from staff will be attending; the City Manager
responded that probably a couple staff members from the Engineering Department will attend.
(3) Memo from the Office of the Commissioner of Higher Education announcing
a meeting which was held at 5:30 p.m. on Friday, March 4, at the Holiday Inn.
(4) Copy of a petition submitted by residents of the southeast sector who are
serviced by the South Bozeman Avenue sewer line, indicating that most of those individuals
have encountered problems attributable to the main line and asking that an inspection of that
line be conducted before any additional development is allowed in that area.
0 (5) Agenda for the Development Review Committee meeting to be held at 10:00
a.m. on Tuesday, March 8, at the Carnegie Building.
(6) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on
Tuesday, March 8, at the Carnegie Building.
03-07-94
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(7) Agenda for the County Commission meeting to be held at 1:30 p.m. on
Tuesday, March 8, at the County Courthouse, along with daily minutes for the week of
February 21.
(8) Agenda for the Chamber of Commerce Governmental Affairs Committee
meeting to be held at 7:00 a.m. on Thursday, March 10, at the Chamber office.
(9) The City Manager stated that the Planning staff had received applications
for 13 new projects by its Tuesday deadline last week. He stated that, because of the heavy
workloads, the Planning office and the Engineering office will be closed to the public on
Wednesdays. He stated that an answering machine will pick up the calls; and staff will return
those calls when possible. He stated that the Building Inspection department will continue to
conduct its operations and inspections in the usual manner.
(10) The City Manager submitted his weekly report, as follows. (1) Noted the
article in Sunday's newspaper about the Carnegie Building and the cost to repair the structure.
He estimated it will cost a minimum of $400,000 to renovate the structure while maintaining
its historic integrity. He also noted that, since it is a public building, some method of providing
access for the disabled is essential. He stated that, in lieu of repairing this structure, he may
seek an alternative site for those offices. (2) Attended the second meeting of the Montana
Renewal of Government subcommittee, which was held in Billings last week. He stated other
members of the committee from Bozeman include County Treasurer Stan Hughes and Torlief
Aasheim. (3) Announced that he will meet with the County Commission later this week to
begin reviewing various issues associated with renovation of the Law and Justice Center. (4)
Attended a meeting on developing proposals for a new telephone system last week. He noted
that the new phone system is to include both the City and the County, and should be in place
when the Police Department relocates to the Law and Justice Center. (5) Announced that a
series of seminars on sexual harassment are being scheduled for the City employees. He noted
the purpose of these seminars is to prevent such claims from being filed, emphasizing the
employer's responsibility in this area.
01) Commissioner Stueck submitted the following. (1) Attended the Recreation
and Parks Advisory Board meeting on Thursday evening. (2) Raised three issues for the
Commission to consider: (a) a bond issue for traffic related issues; (b) an update on this fiscal
year's goals in preparation for establishing goals for next fiscal year; and (c) the constantly
03-07-94
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increasing cost of building materials and the amount of construction currently in the bidding
process. He noted that during the past three weeks, the cost of some construction materials
has risen three -fold. He stated that with the amount of construction that is in the works, he
anticipates the City will see substantially more than the $40 million in permits issued last year,
recognizing the impacts that has on City staff's workload.
(12) Commissioner Frost stated he attended an enhancement committee meeting
last week, noting that at the end of the meeting, the bridge over West Babcock Street remained
on the list. He then indicated that the enhancement committee will be meeting again on
Wednesday to review the criteria for selecting projects for the six -year list.
(13) Commissioner Youngman suggested that, if necessary, the Commission
could continue its meeting to the evening since there are no public hearings scheduled. She
noted that it seems at least one item has been continued from each of the past few meetings;
and this could help the Commission to catch up.
(14) Clerk of the Commission Sullivan submitted the following. (1) Reviewed the
agenda for next week's meeting. (2) Stated that a substantial amount of her time this past
week and today was spent in meetings and gathering information for the request for proposals
for a new telephone system. (3) Announced that "Clean Up Bozeman" has been scheduled
from 9:00 a.m. to noon on Saturday, April 9. (4) Reminded the Commissioners of the Elected
Officials Workshop scheduled for March 17 and 18.
(15) Mayor Vincent submitted the following. (1) Announced that the ethics
committee met on Bozeman last week. He noted the difference between state government,
where there is no code, and local government, where there is a strict code. (2) Welcomed the
DECA convention last evening. (3) Read a letter he had received from Sammie Jo Sears about
flooding of Cooper Park for an ice rink. He then gave the letter to Recreation Superintendent
Harkin for her response, noting that he has already responded to the letter. (4) Read excerpts
from articles in today's edition of the Bozeman Daily Chronicle, entitled "Few newcomers to
the state stay long", "Gunman holds up theater", and "Jackson residents fear town losing
character". He stated these articles reflect the changes in the character of Bozeman, which
he does not like, noting that Jackson Hole, Wyoming, has encountered many of the same
problems that could plague Bozeman. He then noted the importance of protecting the quality
of life that residents now enjoy, noting that once it is lost, it is lost forever.
03-07-94
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Work session with Recreation and Parks Advisory Board to review their goals for Fiscal Year
1994-1995 and long-term goals
Mr. Robert Lee, Chairman of the Recreation and Parks Advisory Board, introduced
those members of the Board present, including Joanne Jennings, David Jones, Jeff Ball, Terry
Baldus, Gene Brooks and Anne Banks, and the staff members, Recreation Superintendent Sue
Harkin and Park Superintendent John McNeil. He noted the Board is a very diverse group,
representing many facets of the community.
Mr. Lee stated that last fall, the Board determined it was appropriate to develop a list
of goals, in an effort to address issues so they are no longer stumbling over the same problems
when considering the distribution of recreation facilities and providing effective service to the
community. As a result of that determination, they recognized the need for a master plan that
includes where parks and recreational facilities should be located as the community grows and
what types of facilities are needed.
Mr. Lee emphasized that the Board will not neglect its day-to-day duties to pursue the
goals it has established, but plans to use those goals to provide focus. He forwarded the
Board's desire to become proactive in subdivision review rather than reactive. He suggested
0 this could help to ensure that the City obtains parkland that can be useful in the future.
Mr. Lee stated there are many volunteer groups who wish to become involved and
assist in the development of recreational facilities, particularly trails. He noted, however, the
system of organizing and monitoring those groups and their activities. He noted that the City
has hired a Neighborhood Coordinator/Grantsperson; however, that individual has been unable
to assist the Recreation Department in its activities to date.
Mr. Robert Lee stated that the City is providing recreation facilities for approximately
45,000 people in the area, nearly half of whom live outside the city limits. He noted the need
to look at innovative ways of financing the construction of new facilities so that those who use
the facilities also contribute to the costs. He further noted the importance of providing new
facilities, as the community and the area are growing quite rapidly.
Ms. Terry Baldus reviewed the long-term goals which the Board has established, as
follows:
1. Expand on the POST plan by focusing on the full spectrum of park
and recreational needs that will be generated as the community
grows:
- Examine needs of recreational activities;
03-07-94
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- Estimate where and how much parkland will be needed as the
city grows;
- Try to "get ahead" of the subdivision review and dedication
process.
2. Improve relations and cooperation in regards to recreation with
local government entities, including Gallatin County, Bozeman
School District and Montana State University.
3. Investigate options for building and maintaining park and
recreation facilities such as: recreation complex, new pool,
hockey facilities, ball fields.
4. Secure land and develop a regional park.
5. Foster better communication and cooperation between the
organized recreation groups.
6. Continue to support the acquisition and improvement of trail
systems recommended in the POST plan and support other
opportunities that benefit the overall trails network.
Ms. Baldus briefly discussed each of these goals. She stated the Board has sent out
a survey to determine the needs of each recreational group, in preparation for updating of the
POST plan. She noted that parks are expensive; and the Board needs to know that the City,
and possibly the County, will budget monies to fund those costs when new facilities are
needed. She suggested that the regional park concept should be viewed in a 100-acre format,
noting that such a park could service residents in an area from here to Three Forks. She
characterized this as a long-term goal, probably occurring in the year 2000 or beyond.
Ms. Baldus then forwarded three questions to which the Board would like
Commissioner responses:
1. Is there anything the Commission does not want the Board to do?
2. How does the Commission want the Board to communicate with
them and how is the Board to receive feedback?
3. How does the Commission feel about the long-term goals the
Board has established?
Commissioner Frost stated these goals represent a full plate; and it is commendable
that the Board is willing to take on such a load. He then stated it is important for the
0 Commission to assist the Board in meeting those goals in whatever way is needed.
Commissioner Youngman stated she feels these are excellent goals. She noted the
importance of coordinating the priorities for parkland with where the Commission is interested
in fostering growth. She stated the Board will have to tell the Commission if they need
support.
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Commissioner Stiff stated that the Recreation Department has a good network of
volunteer support in the various organized recreation groups. He suggested that better
coordination of those volunteer efforts could greatly benefit the community.
Mayor Vincent stated that the Commission has just completed the process of
establishing a
parking district
near the MSU
campus.
He noted that during that process,
Assistant City
Manager Brey
was extremely
helpful
in providing information; and at the
conclusion, he forwarded a firm recommendation for Commission consideration. The Mayor
noted this was beneficial in focusing the Commissioners' discussion and helped them reach a
decision. He then suggested that the advisory boards could utilize the same method in many
situations, so the Commission knows and understands their position.
Commissioner Stueck stated he has suggested that the Board ask the Commission
for support, not just lip service. He stated that if the City is going to deal with the growth of
the community, it must address all aspects.
City Manager Wysocki stated the six goals listed are fairly comprehensive. He asked
the Board to determine what it is interested in doing immediately, in three to five years, and
beyond five years. He also suggested that the Board look at existing property and try to
determine how it might be utilized. He noted that could include property owned by other
governmental entities, suggesting the 16 acres in Valley Unit, owned partially by the School
District and partially by the City, could possibly be developed with ball fields to address some
of the immediate needs. He also noted that the School District owns 30 acres along South
Third Avenue; and not all of that site will be utilized for the new middle school; and the
University has hundreds of acres that are not developed at this time. He also encouraged the
Board to not limit its consideration to properties located inside city limits, but to look beyond
the city limits as well. He recognized that cooperation between governmental entities is
essential if the City is to have an opportunity to utilize those parcels.
Commissioner Frost stated the minutes and other information provided from the Board
meetings is clear and concise, and allows the Commission to remain informed on the Board's
activities. He noted one of the top seven goals for the Commission this year is the
development of more playing fields; however, there are six goals ahead of it. He stated that
unless the Commission receives a firm recommendation from the Board on how to accomplish
that goal, it will probably remain under the other six goals.
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-30-
Commissioner Frost noted that, when he served as Commissioner liaison, there was
discussion about wood chips versus gravel and hard surfacing of trails. He stated that now
that he has been exposed to trails surfaced with wood chips, he feels that gravel or hard
surfacing is much more appropriate.
City Manager Wysocki stated that making more facilities accessible to the disabled
is an important consideration that must be addressed. He suggested that includes hard
surfacing of at least a portion of the trails and conversion of some of the playground
equipment.
Commissioner Stueck suggested that it might be appropriate to approach the County
Commission with the idea of the Board serving as an advisory body to them as well, since the
County does not have a recreation advisory board. He stated this could be especially beneficial
in developing a regional park. He also noted they may be able to encourage the County to
accept parkland dedications rather than cash -in -lieu payments.
City Manager Wysocki noted that the deadline for filing applications with the County
for some of those cash -in -lieu monies is March 25. He suggested that the baseball, softball and
soccer associations, with the endorsement of the Board, could develop a strong application for
the construction of ball fields, possibly on the 16 acres in the Valley Unit Subdivision.
Mr. David Jones expressed concern that 16 acres does not provide adequate space
for all of the fields that may be needed to accommodate all of the programs. He then
emphasized the need for a regional park, ranging from 40 to 100 acres in size. He noted
concern about developing fields on properties which the City does not own, particularly
because of the uncertainties that exist about how long those lands will be available.
Mr. Jones then asked for improved communication from the Commission, so they
know the disposition on their requests and recommendations.
Mr. Jones then noted the POST plan includes a priorities list of projects, divided into
immediate, near future and far future. He stated that plan needs to be updated; and that
• update will include revision of the list.
Mrs. Anne Banks asked how the Commission proposes to better communicate with
the Board. She also asked how much authority the Board is to be granted, and whether they
will be given the authority to negotiate with the County Commission and the School District.
03-07-94
-31 -
City Manager Wysocki reminded the Board that they are advisory. He noted that,
while they may negotiate with other entities, all decisions remain with the City Commission.
He further noted that any Board activities must be conducted within established parameters.
Responding to questions from Mrs. Banks regarding annexations, the City Manager
indicated that the City is typically encouraging annexation of land between the western
boundaries of the community and the Valley Unit Subdivision and properties to the north. He
suggested that this fits well with the concept of the regional park. He then indicated that the
annexation of lands to the south, while it may occur, will not be as strongly encouraged.
City Manager Wysocki noted that when he first came to Bozeman, the Recreation
Advisory Board included representatives for the City, the County and the School District; but
the City appointees were the only active members. He noted the structure of the Board has
since been revised, with the City making all of the appointments. He then stated his preference
for a nine -member board, and his lack of interest in expanding the number of members to
accommodate County appointees.
Mr. Robert Lee noted the importance of establishing a plan that includes the County,
noting that could help to open the lines of communication with the County and provide
opportunities to address recreation issues. He stated that until such a plan is established, the
Board and the City are missing those opportunities.
Recreation Superintendent Sue Harkin stated that under the current ordinances, the
Board can have twelve members; and they have requested full membership.
Mayor Vincent asked for a detail on the proportions of in -city and out -of -city residents
that use the various recreational facilities in the city. He also asked for an assessment of how
many ball fields are needed to accommodate the needs of the community today, and when and
how many new fields will be needed.
Ms. Terry Baldus noted that most studies on recreational facilities are done in places
like Arizona. In Montana, there is only one season for many different recreational programs;
and there is an extraordinarily high number of people in this area who participate in those
activities.
Mayor Vincent emphasized the importance of making the community aware of what
facilities are needed to accommodate the current needs and future recreational needs in
Bozeman.
03-07-94
-32-
City Manager Wysocki noted the importance of ensuring the integrity and viability of
the existing recreation groups and of keeping volunteers involved in the various programs. He
suggested this may require a commitment from the City every once in a while, indicating that
investment is very worthwhile.
Ms. Terry Baldus noted that other communities in the state are jealous of the
opportunities available in Bozeman, including the number of softball games in which a team
participates. She stated that when a City takes over the facilities, the services provided are
dramatically decreased from those available when a volunteer organization is operating the
program. She then suggested that if City staff could be responsible for organizing some of the
volunteer activities, it could dramatically enhance what is accomplished and decrease the
amount of time it takes.
Ms. Terry Baldus summarized the comments from this work session, noting the Board
will complete a needs assessment, then determine how many parks are needed and where, in
general concept; work with the County, School District and MSU in an effort to utilize some
of their properties and facilities for recreational purposes; and provide strong, firm, direct
recommendations for Commission consideration. She then asked that the Commission lay the
groundwork for the Board to work with the County Commission.
Mayor Vincent encouraged the Board to "aim high", particularly when considering
recreational opportunities for children. He suggested that could be in everyone's best interests,
since they would have an option between healthy activities and the not -so -healthy activities
some of today's youth are selecting.
The Board thanked the Commission for participating in the work session; and the
Commission thanked the Board for its work.
Discussion - stru glum, mission slate men idelinia andiv for ad hoc committee
review cable television franchising gRti n
0 City Manager Wysocki reminded the Commissioners that included in their packets of
February 28, 1994 under "FYI Items" was a memo from the Clerk of the Commission, dated
February 24, forwarding materials on the ad hoc committee to review cable television
franchising options, including a copy of the notice to be published in the newspaper, the
03-07-94
-33-
•
�J
application, the letter to be sent to members of the previous committee and a draft of
guidelines for the committee.
The Commission had previously approved the advertisement which is currently
running in the newspaper.
Due to the lateness of the meeting, the Clerk asked that the Commission review the
draft letter which is to be mailed to all members of the former ad hoc committee, paying
particular attention to the third paragraph. As a result of that review, Mayor Vincent proposed
new language for the paragraph, in which the Commission concurred.
The Clerk indicated that she will place the guidelines for the committee on next
week's agenda for discussion.
Ad' r m n - :4 m.
There being no further business to come before the Commission at this time, it was
moved by Commissioner Stiff, seconded by Commissioner Stueck, that the meeting be
adjourned. 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.
ATTEST:
(&I
Y-C,2z�Q
ROBIN L. SULLIVAN
Clerk of the Commission
r
03-07-94