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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 03-07-94 -3- 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 03-07-94 IIKE 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 03-07-94 -5- 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. 03-07-94 KM 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 03-07-94 lWIM 11 u • 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; 03-07-94 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 03-07-94 WE 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. 03-07-94 -10- 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 03-07-94 -11- 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. 03-07-94 -12- 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. 03-07-94 -13- 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 03-07-94 -14- 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. 03-07-94 -15- 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 -16- 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 -17- 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. 03-07-94 - z0 - 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 -21 - 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; 03-07-94 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 -25- (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 -26- 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 -27- 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 -28- - 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. 03-07-94 -29- 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. 03-07-94 -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