Loading...
HomeMy WebLinkAbout1994-02-28 ccm / " MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA February 28, 1994 ***************************** Ie The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, February 28, 1994, at 3:30 p.m. Present were Mayor Vincent, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost, City Manager Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Mayor Vincent asked if any of the Commissioners wished to remove any Consent Items for discussion. City Manager Wysocki requested that the proposal to establish a 15 mile- per-hour speed zone on West Babcock Street behind the Willson School be removed for discussion. Minutes . Mayor Vincent deferred action on the minutes of the February 22, 1994 for a period - of one week. Consideration of proDosed settlement agreement from Safeco re Bozeman Solvent Site (and related cases) - Barrv O'Connell Mr. Barry O'Connell, attorney representing the City, stated he has just received information which allows him to forward two proposed settlement offers for Commission consideration, one from Safeco and one from USF&G. He stated that both insurance companies have stated a willingness to proceed without going through declaratory judgment action. Mr. O'Connell stated that the terms of the proposal have not yet been finalized; . however, he forwarded the general underlying concept. He indicated that the issue of past payments, particularly those to Canonie, the City's contracted environmental engineering firm, must be resolved through negotiations. He then stated that, through research, he has been able to reconstruct the City's insurance coverage from August 12, 1970, the date upon which the City took title to the sewer line which runs directly behind the Buttrey's shopping center, 02-28~94 ..- ". - - 2 - through December 31, 1991, the date when the State issued its "PLP" (potentially liable parties) letter to the City, under CECRA and the Montana Superfund law. Mr. O'Connell stated that his research further revealed that for approximately 43 percent of that time, he is either unable to find any evidence of policies or payments for . policies, or the carrier of the City's insurance cannot be held liable under its policy. As an example, he noted that as of June 30, 1986, the Montana Municipal Insurance Authority became the City's insurance carrier; and there is essentially no way that a court would construe any coverage under that policy. Mr. O'Connell stated that rulings in five states have supported coverage for cases involving environmental law under common CGL policies. He stated that representatives from both Safeco and USF&G recognize that if such a ruling were sought in Montana, it would probably be in the City's favor. Based on the 256-month span under consideration, Safeco's liability would be for 9 months of coverage, or 4 percent of the time; and USF&G's liability would be for 48 months of coverage, or 19 percent of the time. He stated his intent to reduce to writing a settlement agreement which represents the boundaries of potential participation, . to the limits of coverage, based on the prorata formulas listed above. He stated those agreements would then be submitted to the insurance companies for their consideration. Mr. Barry O'Connell noted that one carrier, National Indemnity, insured the City in the 1970's; and they have been recently put on notice that they may be asked to participate in the costs. He stated that another carrier, Commercial Union, has indicated it simply will extend no coverage, but would rather fight. He noted that position may change once the company learns that other insurance carriers are willing to participate on a prorata basis. Mr. O'Connell stated that a draft of a letter to the insurance companies have been included in the Commissioners' packets. He stated that if the Commission authorizes him to do so, he will send that letter to the two insurance companies who have stated a willingness to participate. He further asked that he and City Attorney Luwe be given the authority to . proceed with negotiations with those companies, and to enter into an agreement that they determine is acceptable to the City. Mr. O'Connell stated that the Bozeman Solvent Site is essentially split into three separate legal cases: (1) Jewel versus the City, (2) The City versus the insurance carriers, and (3) The State of Montana versus the City of Bozeman. He stated that, as of this date, he does 02-28-94 --- - --- .----.------ -- --....----. --.--.....----- - .-----...-. - 3 - not know what additional activities will be required by the State, although he, the City Attorney and Canonie have forwarded a common sense approach to the problems. City Attorney Luwe stated that Mr. O'Connell is seeking authority to pursue settlement with Safeco and USF&G, on a pro rata basis; and he recommended that the . Commission authorize that request. Responding to Commissioner Stiff, Mr. O'Connell stated that under his proposed terms for a settlement agreement, the insurance companies will be responsible for not only a prorata share of the costs incurred to date, but all continuing costs as well, until their limit of coverage is exhausted. Commissioner Stiff stated he is impressed with the work which Mr. O'Connell has accomplished to date. He then thanked Mr. O'Connell for his efforts. It was moved by Commissioner Youngman, seconded by Commissioner Stiff, that the Commission authorize Mr. Barry O'Connell and City Attorney Luwe to proceed with negotiations for settlement agreements with Safeco and USF&G, on a prorata basis as presented. The motion carried by the following Aye and No vote: those voting Aye being . Commissioner Youngman, Commissioner Stiff, Commissioner Stueck, Commissioner Frost and Mayor Vincent; those voting No, none. Preliminarv Plat review - Vallev Homestead Subdivision - Kerin & Associates for P.C. DevelODment - to subdivide 21.2 acres into 63 sin ale-family and 25 multi-familv (duDlex) lots- tract located in the SE %. Section 1 O. T2S. R5E. MPM (695 feet south of Babcock and 135 feet east of Yellowstone) (P-9401 ) This was the time and place set for review of the preliminary plat for Valley Creek Subdivision (initially referred to as the 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. Included in the Commissioners' packets were copies of the information submitted by the City-County Planning Board, along with a memo from Assistant Planner Grigsby, dated February 23. Also submitted to the Commission at the beginning of this meeting were a letter 02-28-94 -. ---". .- .-...- - 4 - from Kerin & Associates, dated February 25, and a letter from PC Development, dated February 28. Assistant Planner David Grigsby presented the staff report. He stated that a copy of the written staff report, along with the resolution forwarding the Planning Board's . recommendation, was included in the Commissioners' packets. He then reminded the Commission that the public hearing on this preliminary plat was held by the Planning Board at its regular meeting of February 22, 1994. The Assistant Planner stated that under the application, as forwarded by the Planning Board, the subject 21.2 acres is to be subdivided into 86 lots, 62 of which are to be single- family lots and 24 of which are to be multi-family lots. Assistant Planner Grigsby concentrated on forwarding those items about which there was discussion before the City-County Planning Board. He noted that there is an existing stream/ditch through the subject property; and the Planning Board asked that a ten-foot-wide stream corridor be designated within the larger corridor which the applicant has proposed, which is to be considered a linear park with a pedestrian pathway. He stated that the applicant . has now indicated his desire to dedicate that linear park as public parkland, rather than retaining it in the ownership of the homeowners' association. He stated that, with that in mind, staff has forwarded a proposed revised condition, which includes the provision of a five-foot-wide path through the length of the linear park, rather than short walks at both ends of the linear park but not in the middle as the applicant has proposed. The Planner noted that the applicant is not required to provide any parkland with this development because parkland has already been dedicated through the original Valley Unit Subdivision. The Assistant Planner stated that the applicant will address the Commission regarding Condition No. 16, which requires that the off-site water line be looped. He noted it is the City's policy to require that water lines be looped so that if water pressure is lost in one water . line, the development can still be serviced through another water line. He noted the applicant will also talk about Condition No. 18, which requires that the storm sewer be extended to the southern edge of the subject parcel. He noted it is also a City policy that infrastructure be extended to the edge of the property. 02-28-94 ----------- - 5 - Assistant Planner Grigsby stated that the applicant will ask the Commission to allow for the installation of sidewalks over a set period time, rather than immediately. He noted this has been done in the past; and staff has no problem with it. He noted the applicant will also talk to the Commission about the development of Fowler Avenue to the property line. He noted . that the applicant is typically required to install the street improvements the full length of the development; however, in this instance, the only access to the subdivision from Fowler Avenue is at the north end of the parcel. At Mayor Vincent's request, the Assistant Planner reviewed the proposed revisions to conditions which he had forwarded in his memo of February 23. He stated that Condition No. 1 A is designed to accommodate dedication of the linear park as a public park, rather than retaining it in common ownership of the property owners' association. He indicated that this condition would replace a number of the conditions which are included in the resolution forwarded by the Planning Board. He then noted that revisions have been forwarded for Condition No. 25, as a result of discussions immediately after the Planning Board meeting. He noted it provides for a gravel or paved pathway through the linear park. He then reviewed . proposed revisions to Condition Nos. 6, 7 8 and 18, characterizing them as clarifications or corrections to clerical errors. Responding to Commissioner Frost, Assistant Planner Grigsby stated that Condition No.6 is written in case the parkland is not dedicated as public parkland. He noted it provides for an easement and for measurement from that easement line to determine setbacks. He noted that if the parkland is dedicated as public parkland, the Condition No. 1 A becomes effective and establishes the basis for determining setbacks. Commissioner Stiff expressed concern about the amount of information that was distributed to the Commission at the beginning of the meeting. He then questioned how much new information is contained in the letters from the applicant and his engineer, and whether this would cause the application to go back through the process. . City Attorney Luwe cautioned the Commission that action on a preliminary plat must be taken within sixty days of the application being filed. He noted that the deadline for this action on this application is March 6, which means the Commission must take action today unless the applicant is willing to grant an extension. 02-28-94 ---------- ---------- --------- ~ -- ...----.-- ...-.....--.-..--...---. ---- .---..---.-------..-----...--.. -- - 6 - The City Manager reminded the Commission that if they are not comfortable with making a decision on this application, in light of its complexity and the new information just submitted, and if the applicant is unwilling to provide an extension, they do have the option of denying the preliminary plat, thus requiring that it go back through the entire process. . Mr. Mike Potter, applicant, stated the letters were designed to provide additional information on, and responses to, issues which were raised at the City-County Planning Board meeting and to provide a framework for this discussion. Mr. Potter stated that this subdivision is designed to create lots for starter and entry level homes. He noted that homes will probably range in the 1,100- to 2,OOO-square-foot size; and he plans to sell the lots to small contractors who will construct those homes. He stated there are a total of 86 lots in the subdivision, which will be developed in two phases. He stated the subject parcel is landlocked, except for access from Ravalli Street to the west edge of the property. He noted that, to help alleviate that problem, he has purchased the property at the southwest corner of West Babcock Street and Fowler Avenue extended; and he proposes to dedicate the needed right-of-way for the extension of Fowler Avenue. He noted this can be . accomplished without compromising the existing house, garage and barn on that property. Mr. Potter stated that Condition No.1 A, as proposed, alleviates some of the concerns he had previously raised. He noted that if this linear park is dedicated as a public park, he will be providing one-half acre more of parkland dedication than is required. He stated, however, that he does not believe that they should be required to install the improvements in that linear park until the City improves the parkland immediately to the north. Mr. Potter then took exception to the requirement for immediate off-site looping of the water line. He stated, instead, he would prefer to enter into an agreement that stipulates the looping will be completed within a certain period of time. He suggested that development of the property to the east is imminent; and he feels that the looping will naturally occur at that time. He then requested consideration of a payback provision in Condition No. 18, since . extension of the storm sewer will benefit the property to the south, and not this subject site. He noted that his consulting engineer has provided language for this condition; and it is contained in Mr. Kerin's letter of February 25. Mr. Mike Potter turned his attention to Condition No. 19. He noted that in Cascade Subdivision, the Commission allowed them to install sidewalks within three years from the date 02-28-94 ..<Ir~:,..'..- - 7 - of approval; and that provision worked well. he noted that if sidewalks are required immediately, they are broken up during construction of the house. This results in a duplication of costs, which he views as unnecessary. Mr. Potter then addressed Condition No. 22, pertaining to credit for improvements to . Fowler Avenue. He recognized that since the immediate construction of Fowler Avenue from West Babcock Street to the northern portion of the subject property is triggered by this subdivision, he should incur some of those costs. He stated, however, that since Fowler Avenue is designated as an arterial, he should be given some credit for early construction of a portion of the roadway. He then turned his attention to Condition No. 24, which stated he feels that the owners in this subdivision should be required to pay only their fair share of the improvements to Fowler Avenue. He noted that adjacent property owners are typically required to pay for 17 feet of asphalt, curb, gutter and sidewalk for that portion of the street abutting their properties. He stated, however, he is being required to install an additional 15 feet of asphalt, to provide a 32-foot-wide street. He stated that initially, he had proposed to construct a temporary road only, but staff and the Planning Board determined that a portion of permanent . roadway would be better. He concurred in that idea, but reiterated his position that he should receive some credit for the work done upfront. Mr. Potter estimated that the homes in the Valley Creek project will sell for under $100,000; and the townhouses will probably start in the $80,000 range. He stated that this will meet some of the housing needs in the community, noting there is a definite need for homes in this price range. He also noted the City will receive the benefit of correcting the bottleneck and lack of right-of-way at the intersection of West Babcock Street and Fowler Avenue. He stated that he will also be seeking annexation of that parcel in the near future and will connect that property to City services as well. Responding to the City Manager, Mr. Potter stated that his comments were based on the staff report. He then indicated that those comments in reference to Condition No. 22 . actually pertain to Condition No. 21 in the Planning Board's resolution, due to some renumbering from the staff report to the resolution. At the City Manager's request, Mr. Potter pointed out the current terminus of the storm sewer line. He suggested that since this line was initially installed through a special 02-28-94 ._._......."......__...__ .... _u___ _. _....._. _.___.___ ___._.__..______..__ _....__ .n ._.___ - 8 - improvement district, and since his property will not be benefitted by it, some provision for payback when the property to the south develops should be made. Commissioner Frost asked questions about Mr. Kerin's proposed language for Condition No. 18. He further questioned why the City should be involved in any type of . payback provision, since that issue is actually between the developer installing the line initially and the developer wishing to tie to it. Planning Director Epple stated that the City's experience with paybacks is that they are difficult to track. He noted the suggestion has been made that the payback be to the homeowners' association. He expressed concern that that could be difficult, since he does not believe the association is designed to handle money. Responding to questions from Commissioner Stiff, City Attorney Luwe stated that if a payback agreement is entered into and filed, it will show in a title search; and purchasers of lots will be aware of this requirement. Commissioner Frost stated he has no problem with the proposed revision to Condition No. 19, to allow up to three years for the installation of sidewalks within the subdivision. He . noted this has been the Commission's policy in approval of the last several subdivisions; and he feels it has worked well. He noted, however, that the sidewalk along the west side of Fowler Avenue should be installed with the street improvements. Commissioner Frost stated that the City has a policy of requiring adjacent property owners to be responsible for one-half of a local street standard (17 feet of asphalt) plus curb, gutter and sidewalk. He noted that in most cases, the road is utilized by traffic that is going past the development; however, in this instance, the road is being specifically built to provide access to the development. Commissioner Stiff expressed concern about the proposed modifications to the conditions contained in the resolution forwarded by the Planning Board. He indicated an interest in obtaining responses from the City staff on whether they are comfortable with the . modifications that have been proposed. Mr. Potter stated these issues have been following through the process. He noted that the majority of the issues pertain to policy; and it appears the Commission is the body which makes those decisions. 02-28-94 ,,- ... ---- .-- ... ----- -.-., .---------..--..-.- - 10 - Responding to questions from Commissioner Stiff, the City Attorney stated that if the applicant is willing to grant a one-week extension, the Commission could make a decision on this item at next week's meeting. He stated that would provide staff an opportunity to review and respond to the applicant's proposed revisions to the conditions forwarded by the Planning . Board. He emphasized that if the applicant is not willing to grant an extension, action must be taken prior to March 6. Mayor Vincent asked Mr. Potter if he would be willing to grant the Commission a one- week extension. Mr. Mike Potter, applicant, stated he would be willing to grant the Commission a one- week extension, noting he feels it is in everyone's best interests to do so. City Manager Wysocki asked for Commission direction in addressing the revisions to the conditions, as proposed by the applicant's representative. The Commission concurred that the water line is to be looped. A majority of the Commissioners then concurred that the storm sewer line should be extended to the south end of the property; and they agreed that a payback agreement would be acceptable, as long as 4. the City is not involved in that agreement. The City Manager and the Commission then entered a lengthy discussion about credit for initial improvements to Fowler Avenue. A majority of the Commission concurred that the addition of "d" to Condition No. 22 (No. 21 in the Planning Board resolution) would be inappropriate. They concurred, however, that it would be appropriate to give the developer credit tor the additional 15 feet of asphalt mat which he is required to install from the north edge of the subject property to the south edge of Ravalli Street and through the property he has recently purchased at the intersection of West Babcock Street and Fowler Avenue. They determined that the roadway is initially needed only for this development, and that the section of road not abutting this property owner's land is "the cost of doing business". The Commission then agreed with Condition No. 1 A as presented by staff. . ~ , th' Commissioner Frost stated an interest in knowing that the fiscal impacts of Condition No. 24, as proposed in Mr. Kerin's letter, would be to the City. It was moved by Commissioner Stiff, seconded by Commissioner Stueck, that the Commission table action on this item for a period of one week, to allow staff an opportunity to address the issues which have been raised. The motion carried by the following Aye and 02-28-94 _.. _. --. -- -..... 9t.I,. -.---- --- ----------..--- -.-------- --..---.---...- - 12 - determined that a commercial development may be allowed within one block of an intersection of two arterials or an arterial and a collector, but may encroach no further into a residential area. Mr. Don McLaughlin, architect representing Ileana Indreland and Michael Delaney, . applicants, reviewed the proposed project, submitting a watercolor of the concept plan to the Commission. He stated this concept plan incorporates elements from various projects which they have reviewed on field trips; and it is designed to be successful in Bozeman. Mr. McLaughlin stated the project is to be developed with the resort serving as its central core. He noted that the resort and its surrounding open space are to be designed to provide amenities to local residents as well as to visitors. He stated that the plan was originally designed with the open space oriented toward U.S. Highway 191; however, the developer later decided it would be more appropriate to rotate the open space 90 degrees, to provide more amenities for those within the development. Mr. McLaughlin enumerated and reviewed the nine goals which they have identified for this project, as follows: (1) good investment, utilizing smaller scale buildings; (2) health . fitness and well being, providing facilities for an active lifestyle; (3) attractors, which make those driving by stop; (4) pace, ranging from passive and contemplative to lively; (5) light, particularly through use of southern exposures; (6) sensitivity to and utilization of site assets; (7) accessibility to people with disabilities; (8) fits with Bozeman; and (9) enhances the idea of community . Mr. McLaughlin stated the project is being designed so that it can be developed in slices. He noted that each of those slices is to be economically viable, and so that it will appear to be whole with the completion of each phase, rather than having the appearance of a portion of the whole. Ms. Hilary Dustin, member of Mr. McLaughlin's staff, stated that the plans for this concept plan have already been adjusted, in response to comments forwarded by the . Development Review Committee, Design Review Board and City-County Planning Board. He stated that the road system has been dramatically simplified, to ensure less confusion for emergency vehicles; however, a curvilinear road system is proposed to better accommodate the desired appearance. She stated that trails are to be constructed throughout the development, to encourage pedestrian circulation. The area set aside for the resort/hotel has 02-28-94 - 13 - been expanded from the original plan. Also, a portion of the parking was proposed between Huffine lane and the commercial area; and that has been moved to the interior of the project. Mr. Gerry Gaston, engineer for the project, stated a desire to phase in some of the improvements. He noted that the applicant will request that water and sewer services be . extended to the site. He also noted an intent to work closely with staff in developing the street network for this project, so it can be connected with others in the future. Mr. Don Mclaughlin estimated that it could take fifty years to complete this proposed development. He then indicated that the first phase will probably include a portion of the resort units, the tennis court, a portion of the parking and maybe two commercial structures. He emphasized the fact that this project is designed in "slices", so that its expansion is orderly. Commissioner Frost stated that the concept plan reflected in the watercolor is better than the proposal submitted in the Commissioners' packets, He noted that the trail system is nice; however, he stated that since the tract is so large, it would probably be best to provide a system that will accommodate bicycles as well as pedestrians. He suggested that to encourage people to move around the development via the trails rather than using automobiles . would be beneficial, since people interact better through that mode of transportation than through the use of vehicles. City Manager Wysocki asked the Commissioners to address the master plan land use designation for the subject site. Commissioner Frost stated that as long as residential-scale commercial and office developments are anticipated, the current land use designation of urban residential is acceptable. He noted, however, that if larger scale development is anticipated, then the land use designation should be changed. Commissioner Stiff stated he is concerned about the annexation of any property to the west of Ferguson Road. He noted that he "lived through Valley Unit and special improvement districts"; and he wants to be extremely cautious about any proposal for . extending the city further west at this time. City Manager Wysocki noted concern about the distance from Huffine Lane to the first street into the development. He cautioned that since Ferguson Road is a busy street, an intersection should be set a substantial distance back from Huffine Lane to avoid any problem with turning maneuvers. 02-28-94 - 14 - Mr. McLaughlin responded that the proposed street is aligned with the street on the other side of Ferguson Road, which is approximately 600 feet from Huffine Lane. City Manager Wysocki noted the need for cross streets, to provide better access through the development. He then asked what the distance is from Huffine Lane to the back . of the Main Mall, as a point of reference. He also questioned whether it is really appropriate to extend commercial and office development a half mile from the highway. He noted this plan includes 63 Y2 acres of R-Q zoned property, which is probably as much or more than currently exists in the entire community. He also noted that is over three times the size of the developed portion of the Billion Plaza, in an area which is master planned for residential development. Responding to questions from the City Manager, Mr. McLaughlin stated the chapel is to be designed as a contemplative space, like the one at Big Sky, rather than as a formal chapel. Commissioner Frost stated he feels this is a good project. He noted his interest in avoiding any type of strip commercial development. He stated, however, that if all of the commercial development and offices are designed to look like houses, it would probably be . attractive and could mitigate some of his concerns. He then noted that signage is an issue that must be carefully addressed, particularly since it will be designed to attract people who are traveling 55 miles per hour on a four-lane highway. Commissioner Frost noted that as development continues to the north and the west, people will want to leave this development and move to the others. He stated it is important to ensure that street networks are provided so that access is possible without having to go back to Huffine Lane and so that emergency vehicles can quickly access all properties. Commissioner Frost stated the rendering of this project looks good now because all of that immediate area is vacant land. He noted, however, that as development continues to occur, the amount of vacant land available for buffering will be dramatically decreased. Commissioner Frost then asked staff if right-of-way is needed along the west side of . this project for a future north/south collector street. He noted the distances between Fowler Road, Ferguson Road and Cottonwood Road, suggesting an additional road may be beneficial. Commissioner Stueck noted that in Virginia, some business districts have been isolated with no cars allowed. He stated that in the right type of setting, with small buildings and cobblestone streets, it creates a beautiful alternative to parking meters. 02-28-94 -..--..----.- -.--.-....-.--- - 15 - Commissioner Stiff stated that transportation is a problem in Bozeman, even now. He then expressed concern about the City assuming the responsibility of providing services to another 120 acres that is anticipated to develop over a long period of time. He noted that this commitment will mean a decrease in the City's capability of serving other properties elsewhere. . He once again reiterated his concern about developing west of Ferguson Road, particularly with all the other development that is occurring. Commissioner Youngman stated an interest in seeing as much landscaping as possible in the sight lines between Huffine Lane and the parkland. She suggested this could be accomplished by realigning some of the parking so that it is behind the buildings and less visible. She also stated an interest in any elements which might hint at what is on the inside of the project, thus attracting visitors. Mr. McLaughlin noted that in some communities, terraces for restaurants are located along busy arterials. He suggested that this type of treatment seems to work well and could serve to attract people. Mayor Vincent emphasized the need to avoid strip development. He also noted that . signage is another critical issue. He then noted that when this project is fully developed, it is designed to be an attractor, pulling people into the community. He suggested it may be beneficial to consider a regional shopping center in the commercial portion of the project, where people who live close to the area can find just about everything they want rather than needing to drive across town. He noted that regional shopping centers are becoming popular in larger communities; and it may be time to begin considering such options in Bozeman as well. City Manager Wysocki stated that the intersection of Huffine Lane and Ferguson is probably where the next traffic signal will be installed. He stated that the traffic signal will probably attract more traffic to Ferguson Road. Planning Director Epple noted that Commissioner comments have suggested that scale is what will trigger the need for a master plan amendment. He then suggested that if a regional . scale is contemplated, then a master plan amendment would be in order. Commissioner Frost suggested that, as long as each structure is scaled to a residential structure size, he feels that a regional shopping area could be provided under the current master plan land use designation. 02-28-94 - 16 - Responding to Planning Director Epple, Commissioner Frost stated that as long as the development occurs as shown in the watercolor, he feels it can be accommodated under the current master plan. He noted, however, that if a project more like Billion Plaza is forwarded, then a master plan amendment would be in order. . Commissioner Stiff stated that for the commercial development to be successful, the buildings will probably need to be larger than Mr. McLaughlin has suggested. He then noted his support for considering a master plan amendment early in the process to accommodate the larger type of buildings. City Manager Wysocki stated he tends to feel that a master plan amendment would be appropriate, particularly since commercial development is anticipated to extend to West Babcock Street. He noted that any residential development which may occur within this proposed mixed use development would be incidental to the commercial development. Commissioner Youngman asked if the Commission would be setting an undesirable precedent if it allowed commercial development to occur without a master plan amendment. Commissioner Frost stated that if the commercial development goes beyond the . village concept, he feels a master plan amendment is necessary. The Commission thanked Mr. McLaughlin and the Planning staff for their presentation of this concept plan. UDdate from City Manaaer re goals for Fiscal Year 1993-1994 City Manager Wysocki requested that, due to the late hour of this meeting, this item be deferred to a later date. Reduction of sDeed limit to 15 mph on West Babcock Street between South 6th Avenue and South Grand Avenue from 8:00 a.m. to 4:30 D.m. during school davs. effective UDon posting City Manager Wysocki reminded the Commission that he had requested this item be . removed from the Consent Items for discussion. Commissioner Frost stated that he had initiated this agenda item. He noted that the Clerk of the Commission has forwarded to him a copy of the agreement between the City and the State of Montana Department of Highways, dated March 31, 1976, pertaining to the federal aid urban project for Babcock Street and Mendenhall Street. He stated that he has 02-28-94 ---------.---.- - - 17 - talked with both City Attorney Luwe and Director of Public Service Forbes about this agreement, and has found that neither this agreement nor the Montana Code Annotated allows the City to impose a speed limit of less that 25 miles per hour on these streets. City Attorney Luwe reviewed the statutes which limit the City's authority to regulate . speeds on federal aid urban highways, citing Section 61-8-310, M.C.A. He stated that, even if the City did a traffic and engineering study, it could still not establish a speed limit lower than 25 miles per hour. Commissioner Frost stated that his conversation with Director of Public Service Forbes revealed that the January 3, 1991 study showed that traffic traveled at an average of greater than 25 miles per hour along that stretch of West Babcock Street lying between the Willson School and the former Emerson School. He stated that on the basis of current traffic speeds, the study indicates no reduction in the speed limit is recommended. He then stated that, based on the information he has received from staff, he feels that his request was in error and requested that this item be withdrawn from the agenda. Responding to City Manager Wysocki, City Attorney Luwe stated that, while he does . not know the full history of the FAU program, it appears that the City's inability to lower the speed limit below 25 miles per hour is a direct result of the FAU program requirements. City Manager Wysocki expressed extreme concern that the federal government program does not allow for local governments to control the speed limits on their streets particularly close to schools. City Attorney Luwe stated it appears from the way the State statutes are written, that the State is trying to protect the monies from the federal government by adopting the rules which the federal government has imposed. The City Manager stated that the City gets approximately $275,000 a year from the Federal Aid Urban program. He reminded the Commission that these are the monies that were used to improve Kagy Boulevard; and they are the monies being used to construct North 19th . Avenue and West Oak Street. He noted that the City is borrowing from future years' monies for the 19th/Oak project, estimating that those allocations will be used through the year 2010 by the time the project is complete. The City Manager noted that, while FAU monies have not been used for West Babcock Street, all arterials and collectors listed under the FAU program are subject to the 02-28-94 - 18 - provisions of that program. He stated his concern is that the City has no local authority; and he feels that is unreasonable. Mayor Vincent emphasized that the safety of small children is the real issue. He then suggested approaching the State Legislature about a change which would allow for local . discretion in this type of situation. He also noted that this request is for a three-block area only. The City Manager suggested writing a letter to the Legislature in which the Commission forwards its concerns and asks for the history and the reasoning behind this section of the code. He also suggested that if this provision is actually a federal requirement, the State's congressional delegation should receive a copy of the letter as well. Commissioner Stueck noted that in 1991, the School Board approached the State Highway Department about lowering the speed limit on West Babcock Street; and they received the same answer that the Commission is facing today. Commissioner Frost suggested that the City pursue other remedies as well. Mrs. Daria Joyner, Executive Director of the Bozeman Area Chamber of Commerce, . stated that some of the other schools in the area, when attempting to lower the speed limit because of safety concerns, have encountered the same problem. She suggested it might be easy to initiate a joint effort, which might provide even greater strength to the City's position. Chief of Police Dick Boyer stated that a week ago, he monitored the intersection of South 4th Avenue and West Babcock Street with a radar gun, while in an unmarked car and out of uniform. He noted surprise that the crossing guard and several children were not seriously injured, not because of vehicle speed but because of the crossing guard's dress (with no identifying vest), actions and lack of control. He stated that, because of his strong concern over the situation, he contacted the School District and has offered to meet with the principals of the various schools and the crossing guards, in an effort to train them on how to control and protect the children. . Chief Boyer stated that the situation at the Willson School is a little more strained than it is at other schools, mainly because West Babcock Street is a main east-bound thoroughfare at 8:00 a.m. He stated that two crossing guards on that street, with training and some control over the children, could get the children safely across the street when breaks in the traffic provide opportunities. He cited the crossing guard at the Hawthorne School as a 02-28-94 ---..---. .- .--- .. .- - 19 - good example, noting that she has control over the children; and she maintains a smooth flow of traffic and children on a busy arterial street. Chief Boyer reminded the Commission that just a couple of weeks ago, the City received an award for its pedestrian protection program. He further noted the fact that last . year, only one pedestrian was injured in the community. Chief Boyer stated that he and his staff are ready and willing to work with the School District to provide for safer street crossing situations. He noted the low pay which the crossing guards receive, suggesting that if the parents are really concerned about their children's safety, they may wish to contribute a like amount to ensure that qualified people serve in this capacity. Commissioner Frost noted that drivers sometimes do not stop for pedestrians, even adults who may be standing in a crosswalk. Chief Boyer stated concurrence with that comment, noting that courtesy is an important part of safety for everyone. Commissioner Stueck noted it is a school policy that all crossing guards wear an orange vest. . The Commission concurred with the recommendation that Mayor Vincent write a letter to the State, with copies to the State's national congressional delegation forwarding the City's concern that it cannot control the speed limit behind the Willson School. Continued discussion - Drocedural issues identified for "free wheelina" Commission discussion beau" at Januarv 31 meeting Mayor Vincent requested that, due to the late hour of this meeting, this item be deferred to a later date. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your . Information" items. (1 ) Copy of a letter from Tom Stonecipher to Planning Director Epple, dated February 23, complementing the City for the design of the new Wal-Mart store. (2) Copy of an article Planning Director Epple has prepared for the SWMBIA newsletter. 02-28-94 - 20- (3) Letter from Anne Banks, Farmers' Market Board, dated February 17, forwarding a check for $3,500 as a contribution toward reroofing of the pavilion at Bogert Park. (4) 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 application, the letter to be sent to members of the previous committee, and a draft of guidelines for the committee. Clerk of the Commission Sullivan asked if the notice is acceptable for publication; the Commissioners forwarded their approval. She then indicated that the remainder of the items, particularly the draft guidelines, will be placed on next week's agenda for discussion. (5) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, March 1, at the Carnegie Building. (6) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, March 1, at the Courthouse, along with daily minutes for the weeks of February 7 and February 14, 1994. (7) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. . on Tuesday, March 1, in the Commission Room. (8) Agenda for the Highway Commission meeting to be held on March 2 and March 3 in Helena. (9) City Manager Wysocki stated that the Law and Justice Center project is nearing completion. He noted that, based on a straight 47 percent of the costs, the City's share is $765,000. He reminded the Commission that the figure previously quoted was $560,000 plus any change order costs. He stated that, before the City can obtain any INTERCAP monies, the agreement and the lease with the County must be finalized; and it will probably have those documents ready for Commission consideration in the next week or two. He stated that, through negotiations with the County because of the additional monies involved, he has secured an extension on the lease, from thirty years to forty years. He then . stated that the $765,000 figure will be adjusted slightly as the actual figures are established and percentages are more accurately applied to those final figures. Due to the lateness of the meeting, no additional "FYI Items" were submitted. 02-28-94 .~_......~..- -..-- - 21 - Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Award bid - garbage truck chassis and Dacker ~ Schedule I (cab and chassis) ~ Tri-State EauiDment. Billinas. Montana. $44.124.00: Schedule II (Dacker) ~ Kois Brothers. Great Falls. Montana - $29.700.00 . Award bid - sale of surolus eauioment (one 1988 CaterDillar 973 track loader) - Tractor and Eauioment ComDanv. Billings. Montana - $12.500.00 Commission Resolution No. 2958 ~ establishina rates for water charaes for the Citv of Bozeman COMMISSION RESOLUTION NO. 2958 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING RATES FOR WATER CHARGES FOR THE CITY OF BOZEMAN. Commission Resolution No. 2959 ~ establishing rates for waste water (sewer) service charaes for the City of Bozeman COMMISSION RESOLUTION NO. 2959 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING RATES FOR WASTE WATER (SEWER) SERVICES CHARGES FOR THE CITY OF BOZEMAN. . Acknowledae receiot of oetition from residents alona North 20th Avenue. dated Februarv 1. 1994. stating SUDDort for the oroDosed closure of North 20th Avenue between West Main Street and West Beall Street Acknowledge receiot of letter from Peter and Lynn Husbv. 403 North 20th Avenue. dated Februarv 11. 1994. stating SUODort for the orooosed closure of North 20th Avenue between West Main and West Beall Street Buildina Inspection Division reoort for Januarv 1994 Claims It was moved by Commissioner Stueck, seconded by Commissioner Frost, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stueck, Commissioner Frost, Commissioner . Youngman, Commissioner Stiff and Mayor Vincent; those voting No, none. Adjournment - 6:25 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Youngman, that the meeting be 02-28-94 , - 22 - adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Stiff, Commissioner Stueck and Mayor Vincent; those voting No, none. . ATTEST: ()~ .;/~ ROBIN L. SULLIVAN Clerk of the Commission . ~ . . 02-28-94 -.--.------ . . ---..--... ....... - .- .------- ~,_..