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HomeMy WebLinkAbout1993-10-18 ccm - -" t MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA October 18, 1993 ***************************** en The Commission of the City of Bozeman met in regular session in the Commission Room, unicipal Building, October 18, 1993, at 3:30 p.m. Present were Mayor Swanson, Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, City Manager Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - October 4 and October 12. 1993 Mayor Swanson deferred action on the minutes of the regular meeting of October 4, 1993, since the Commissioners received these minutes at the beginning of the Commission .meeting. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the minutes of the regular meeting of October 12, 1993, be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. Decision - variances from Sections 18.50.050.F.2 and 18.50.100. to allow plavground eauipment in front yard and to not reauire 75% live vegetative around coverinq in the front and side yards on Lot 2. Block 1. University Square Subdivision - Buz and Judv Cowdrey for Kid's Depot. 2010 West Koch Street This was the time and place set for the decision on the variances requested by Buz and Judy Cowdrey for Kid's Depot, under Application No. C-9312, from Section 18.50.050.F2., to .IIOW playground equipment that is currently located in the north yard, and from Section 1 B.50.100 to allow the required 75-percent live vegetative ground covering to be replaced with a non- vegetative landscape element in the front and side yards on Lot 2, Block 1, University Square Subdivision. The subject site is more commonly known as 2010 West Koch Street. 10-1 8-93 ---- '-;;:- -. - .-------- __._._.__ _u__. , - 2 - City Manager Wysocki reminded the Commission that four affirmative votes are required to approve a variance. Mayor Swanson noted that the public hearing on these requested variances has been conducted and closed. . Commissioner Frost noted the minutes from the public hearing held on October 4 indicate in one place that staff suggests the site plan didn't allow enough space for the equipment required by the Department of Family Services, yet later in the minutes, Mr. Fullerton indicated that the Department has no specific requirements for the amount of equipment to be provided. He then forwarded his concern that site plans for future day care centers include areas for playground equipment, so that this type of problem is not encountered. Planning Director Epple concurred, stating that in the future, applicants will be asked to show the outdoor equipment on the site plan. He then stated the requirements imposed by the Department of Family Services pertain to the separation of playground equipment for younger and older children but not to the specific amount of playground equipment provided. Commissioner Stiff noted that the subject site and the parcel immediately to the west are .n the same ownership; and improvements for the subject site already encroach onto the site to the west. He then asked what would be the simplest way to expand the subject parcel to accommodate what he feels is an excellent use of the site. Planning Director Epple stated that since relocation of a common boundary between two parcels is all that would be involved, a simple in-house review and recording of an amended plat is all that would be required. He suggested that relocating the common boundary fifteen or twenty feet to the west could resolve the problems that are being encountered. Further responding to Commissioner Stiff, the Director stated that the Commission may approve a variance with conditions which are reasonable and which relate to the variance. The City Manager suggested that, if additional property is acquired along the west side, relocation of the existing outdoor playground equipment should be required, so that it is no longer .cated in the required yard setbacks. He noted this would accommodate everyone's concernS. Commissioner Stiff noted that with 140 children using the facility, outdoor space is obviously a problem. Responding to Commissioner Stiff, City Attorney Luwe stated the Commission could 10-18-93 ___._..._.__n_.___ --.---.--.- ----- - - u.._____.__.___._ _.___._.u___ , - 3 - approve the variances with the condition that the property line be moved a specific number of feet if it so chooses. Mrs. Cari Fullerton, applicant, stated there are no improvements for the Kid's Depot on the adjacent lot except for a dirt mound and detention area. She stated all playground equipment _s located within the lot lines of the existing lot. Responding to the City Manager, Commissioner Stiff stated he has no problem with the playground equipment being located in the front yard, although he feels an additional 20 feet on the west side of the lot would allow for better use of the existing equipment. He then indicated he would have no objection to requiring relocation of the equipment, if that was determined more appropriate. Planning Director Epple cautioned that it may not be possible for the applicants to obtain 20 feet from the adjacent lot, although it would be easier in this situation since the lots are in common ownership. He suggested an alternative may be to state that the playground equipment cannot remain in the front yard and that it needs to be landscaped in compliance with the code. He noted the applicants can then make the determination on whether it would be possible to .acquire additional property to the west, and they go through the appropriate process. Mrs. Judy Cowdrey, owner of the lot to the west, stated her intent to construct apartment buildings on the lot to the west at some time in the future. She stated it may not be in her best interests to move the common lot line to the west, to increase the size of the subject lot. Mr. Doug Fullerton stated he and his wife are in the process of purchasing the subject parcel; and the transaction should close within a week. Commissioner Stiff indicated that, in light of the comments just forwarded, he will support denial of the application. He noted the lot to the west has 34,000 square feet, which is much larger than the subject site. He reiterated his interest in seeing the common boundary relocated, if that is at all possible, prior to transfer of ownership. Commissioner Knapp indicated she feels the application must be denied. . Commissioner Vincent stated he would have preferred relocation of the west lot line and the playground equipment, noting that denial of the application for variances does not preclude that from occurring. He then stated he does not believe that literal enforcement of the zoning ordinance will result in unnecessary hardship, therefore, approval of the application would not be legally 10-18-93 -.------.-..... -... .-.. --.--.-- I - 4 - defensible. He indicated that he has visited the site; and the areas being provided for playground equipment appear to be too small. Mayor Swanson stated he does not believe that the subject site has any unique characteristics that would warrant approval of the requested variances. He also indicated he does enot believe approval of the variances would result in the spirit of the ordinance being observed. He noted the Commission repeatedly receives requests from businesses of all types requesting permission to encroach into the front yard for all types of uses. He expressed concern that approval of this application would make in more difficult to say no to future applications. Commissioner Frost stated that, while he feels this facility is an excellent one, he must vote to deny the requested variances. He emphasized his feeling that in the future, all playground equipment should be shown on the site plan, so this type of problem does not arise. It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that Commission deny the variances requested by Buz and Judy Cowdrey for Kid's Depot, under Application No. C-9312, from Section 18.50.050.F2., to allow playground equipment that is currently located in the north yard, and from Section 18.50.100 to allow the required 75-percent .Iive vegetative ground covering to be replaced with a non-vegetative landscape element in the front and side yards on Lot 2, Block 1, University Square Subdivision. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. Decision - aDDlication for Tax Abatement Proaram for Historic ProDerties and Historic Districts - restoration of Ardice Lvon residence. 715 South 3rd Avenue - Sam and Amv Anderson City Manager Wysocki noted that, included in the Commissioners' packets, was a memo from Assistant City Manager Brey, dated October 15, requesting that action on this application be delayed until staff has had an opportunity to address the questions and issues raised. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the .ommission delay the decision on this application until staff has had opportunity to respond to questions raised at last week's meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Swanson; those voting No, none. 10-18-93 ._. __u____ . - 5 - Concect plan review - Fort Ellis leisure Community Planned Unit Develocment - allow for develoDment of 145 acres located along the east side of Canary lane into aDDroximately 183 residential dwellina units in single- and multi-family setting. a small on-site retail ShOp Ding center. Darks and recreational facilities City Manager Wysocki noted that, included in the Commissioners' packets, was a conceptual plan of the Fort Ellis Leisure Community, along with a memo from Assistant Planning .irector Arkell, dated October 13. Assistant Planning Director Debbie Arkell presented the staff report. She stated that the application is to develop the 145-acre parcel located east of the city limits, south of 1-90 and generally bounded by Canary Lane, Bozeman Trail, Fort Ellis Road and Clover Meadows Subdivision. The proposal is to develop approximately 183 residential dwelling units in three clusters of roughly 53 units each. The units are to range from single-family structures to four-plexes. In addition, 24 one-acre lots are proposed along the north boundary, which abuts Clover Meadows Subdivision. She noted this allows the boundary of this development to mirror the development in Clover Meadows Subdivision, which also contains one-acre lots. The Assistant Director stated that, in additional to the residential development, the applicant is proposing a small retail shopping center along Bozeman Trail Road, which will provide .onvenience type items. A wholesale nursery is also planned on the site, with access to be from Canary Lane. The nursery is to provide stock for the development as well as for sale to the general public. Two community parks are proposed on the site, one along Bozeman Trail Road and one along Canary Lane. A rather extensive network of pedestrian/bike trails is also planned throughout the development. The existing building at the northwest corner of the site is to be renovated and used as a clubhouse, with a sunroom to be added along the south side. A swimming pool, tennis courts, putting green and community garden are other amenities to be provided in this planned unit development. The Assistant Planning Director stated that the subdivision is to be serviced by individual private septic systems and wells for the single-family lots; and the clustered housing will be served .y one septic system and well per nine dwelling units. She noted the County Sanitarian has expressed concern about having nine units serviced by a septic system, since they become a community system when ten or more units are serviced by a system, thus being more strictly regulated. She stated that if larger community systems are required now, it will be much easier to connect this development to City services when they become available in that area. 10-18-93 - 6 - Assistant Director Arkell stated the subject property is currently zoned A-S, which would allow a maximum of 44 residential units on the site. She noted that a zone map amendment to R-S will be necessary to accommodate this proposed development. The Assistant Director stated that the County Road Superintendent made several strong _omments about the proposed project and the impacts it will have on roads in the area. She noted that if this project goes through the formal review process, they will be asked to upgrade some of the off-site roads to meet County paved or County unpaved road standards, and to improve some of the intersections. She stated that the applicant has proposed that the roads in the development be constructed as private roads. She noted that staff has suggested that the main roads into the development be constructed to County road standards, with the roads serving the clustered developments being allowed to develop as private roads. Assistant Director Arkell stated that the Fort Ellis Fire Department has forwarded its concerns as well, particularly as they pertain to the proposed fire pond. She noted that the pond must be 14 feet deep to meet the department's standards, which conflicts with the applicant's desire to create an ice skating rink on the pond in the winter months. She suggested alternatives .ay include burying of tanks to hold water. The Assistant Planning Director stated that the County Sanitarian has requested that the applicant drill some test wells to ensure the quantity of water in the area is adequate and that the wells to serve this development will not negatively impact the other wells in the immediate area. She then noted that a buffer zone is proposed along the ditch which traverses the subject property. She noted the POST Committee and the Recreation and Parks Advisory Board have suggested that a portion of the pedestrian/bike trails through the development be opened to the public, not just for the residents of the planned unit development. Assistant Planning Director Debbie Arkell stated that the Development Review Committee reviewed this application; and their main concerns revolved around the amount of traffic that would be generated by this development and the impacts that will have, not only on County roads in that .rea, but on City streets as well. She stated that, as a result, they have suggested that the applicant be required to participate in the future installation of a traffic signal at the intersection of Haggerty Lane and East Main Street, unless a signal is warranted and installed now. The Assistant Director stated that the Design Review Board reviewed the application and was generally positive about the proposal. She noted concern was raised about the 24 one-acre 10-18-93 - 7 - lots abutting Clover Meadows, suggesting instead that open space between the two developments be considered, with possibly one-half acre lots adjacent to that open space. She also noted there was discussion about whether this is the best location for this type of development, or if it would be better located closer to the city limits. . The Assistant Planning Director stated that staff has not provided any detailed review. because it appears the relevant points have been mentioned by other reviewing agencies. She noted that the proposal does meet the goals and policies set forth in the master plan. She stated that a zone map amendment application has been filed, to change the zoning to R-S, Residential-- Suburban; and the public hearing has been scheduled in November. Ms. Nadia Beiser, Planned Development, Inc., stated she and David Richards are the principals of that company. She provided their backgrounds, noting her training and experience are in the planning arena; and Mr. Richards has a financial background. She noted their firm is located in Massachusetts. To date, they have been involved in the development of thirteen residential subdivisions, two relatively large commercial centers and several smaller projects. She stated that she has served as a staff planner and has served on a regional planning commission, which has .een of benefit in her current position. Ms. Beiser stated that she has extensively studied Bozeman's master plan; and it reflects her personal philosophies about development. She stated that she feels this project is responsive to the master plan's goals and policies, to the environment, to the community and to the neighbors. Ms. Beiser stated this planned unit development maximizes the amount of open space to be provided, and will protect those areas in perpetuity through the appropriate conservation easements. She noted their commitment to protection of the environment, indicating that she is working with the County Sanitarian to develop a proposal for sanitary sewer service that will be acceptable to everyone. She also noted her commitment to ground water and water quality and water quantity issues. Ms. Nadia Beiser stated that they have selected this site because it is large enough to .ccommodate their type of development and it is located within the designated urban growth area. She noted that there are no other parcels closer to town that were large enough for the amount of open space they wished to provide. She noted this is a long-term project that they anticipate will take several years to build out. She emphasized her interest in ensuring that this project 10-18-93 - 8 - includes amenities that are available not only to this development but to the entire community as well. Ms. Beiser stated that she met with residents from the adjacent subdivision for approximately 2 Y2 hours yesterday, reviewing this proposal and listening to their comments and .concerns. She noted there was an enormous amount of support for this proposal reflected during that meeting; and she plans to continue working closely with the neighbors as the process unfolds. Ms. Beiser stated that as much of the open space has been provided along the edges of this tract as possible, so that the surrounding developments can enjoy the open space as much as those within the development do. She also noted the open space helps to provide a buffer between this development, current development and future development. She stated the market will determine the mix of single-family, duplexes, tri-plexes and four-plexes in each of the housing clusters; however, she emphasized that all housing will be within the 53-unit total for each cluster and within the established footprint for that cluster. She stated that homes will be constructed as they are sold; and no homes will be built on a speculation basis. She indicated that one housing cluster area will be completed before another is started, so that all construction is concentrated in .0n1Y one portion of the property. She noted that, while the homes will not be identical, they will be of similar design and materials and will be constructed in compliance with all covenants for the development. She projected that the build-out will take eight to ten years. Ms. Beiser stated that a homeowners' association will be established for the purposes of ensuring that the grounds and facilities are maintained; and all homeowners will be required to become members of that association. Ms. Beiser stated that she has received suggestions of a curvilinear street between the single-family lots on the north side of the property, which will be incorporated into the next generation of plans. Ms. Beiser indicated that the agricultural land along the east side of this property will remain in agricultural use under this development proposal. She noted that, while the other areas ef open space will not be devoted to agricultural use, they will be used for items such as a nursery, community parks, a putting green and recreational purposes. She indicated that the existing building, which is being used as an industrial storage building, can be easily converted into a community clubhouse with little remodeling. She stated that concern has been expressed about the location of the parking lot for that facility; and it will be relocated on the next set of plans, so 10-18-93 --"~ - 9 - it is not so readily visible from the roadway. Ms. Beiser stated that one suggestion has been to realign the trail system, so that it is in line with the existing access to State land; and that will be included in revised plans. She then indicated that a combination of public and private paths will be provided throughout the _evelopment; and some equestrian trails may be provided as well. She noted the intent to install the smallest impervious surfaces possible, to minimize the impacts of run-off. Ms. Nadia Beiser suggested that mainly three groups will be attracted to this type of development: retired people, seasonal or recreational people, and busy couples with no families. She then summarized her presentation, reiterating the positive points of the plan and how they meet the City's master plan. Mayor Swanson stated the plan looks nice; however, he does have some concerns. He then enumerated them, noting one of his primary concerns is degradation of the water. He noted support for a community sewer system, noting that is preferable to individual septic systems. He noted the local concept "from Main Street to the Mountains", noting that this trail system could be very beneficial to that program. He also noted the importance of providing adequate facilities eor bicyclists, runners and walkers, particularly along Fort Ellis Road. He then noted the problem of affordable housing in this area, asking if it would be possible to make five to ten of these units affordable, particularly since affordable housing seems to be an extreme problem for the senior citizens. Commissioner Frost stated he feels this is an exciting project. He concurred that the major issue to be addressed is water degradation. He noted a strong interest in conservation easements to ensure that the open spaces are protected. He also noted the importance of the trail system and its design. He suggested that it be revised slightly so that it provides access from the clustered housing areas to the commercial area and the park on the east side, so residents can reach them easily, without having to drive. He also suggested that the only access to the commercial area be via a road within the development, rather than having an exterior access to the site. . Commissioner Stiff stated the project appears professionally done and could be a real attribute to the community. He indicated that he shares concern about the parks and the trail system. He also noted extreme concern about water, fire protection and traffic. He noted that the proposed R-S zoning seems to be compatible with the master plan land use designation for the area. He forwarded an interest in seeing affordable housing included in the project, particularly 10-18-93 -.... ..--......-- - 10 - since that is one issue which the City is attempting to address at every possible opportunity. Commissioner Vincent forwarded his list of items to be addressed, which included ground water, impacts on the quantity and quality of water available for this project as well as other development in the area, the septic system proposed, and traffic. He also noted an interest in the .unit cost anticipated for the dwelling units. He asked about demographics for the project. particularly the impact that this development may have on the various levels of schools in the community. Commissioner Vincent then questioned how the narrative on Page 9 of this plan compares with the timeline set forth on Page 13, and when development of the 24 single-family lots is anticipated. He also asked for some type of assurance that the project will be developed as proposed, rather than the Commission being asked to approve changes after the original plan has been approved and the project started. He noted primary interest in the clustering of homes as proposed and assurance that the open space will be retained. Commissioner Knapp noted the importance of considering the future extension of City services to this area. She stated that she likes the concept plan, except for the one-acre lots. She .stated that, while she understands the neighbors' interest in seeing one-acre lots provided along the northern property line of this development, she does not believe that would be best for this development. She suggested, instead, it may be possible to provide curved streets with clustered residences and nice amenities that would be compatible with the existing residences in Clover Meadows, yet retain the theme of the rest of the development. Commissioner Knapp stated she is very concerned about the proposed septic system. She also noted another critical issue is the protection of groundwater and the water table. She further asked that the Fire Marshal's comments pertaining to fire protection be carefully reviewed. City Manager Wysocki noted the importance of ensuring there is an adequate turn-around for emergency vehicles. He also suggested that a year around water supply be located close to the housing clusters, possibly in the middle of the subdivision. He stated that since the Bozeman Fire .epartment lends support to the rural fire districts around the County through a mutual aid agreement, it is important to ensure that the provisions for fighting of fires can be utilized by the local department. He then noted the thought that has gone into the development of the concept plan, except for the community park areas, and requested that as much thought be given to the park areas in the next generation of drawings. He also questioned whether the parks should be 10-18-93 -- ---------- - 11 - moved closer to the living units. The City Manager stated support for using conservation easements to ensure preservation of the open spaces shown in this plan. Ms. Beiser provided a very brief response to some of the points raised by the Commissioners. She stated concurrence with the concerns expressed about protecting .groundwater. She then indicated that she has already begun to pursue alternatives to the septic system proposed, to ensure that every step is taken to protect the environment from septic effluents. She stated that test wells are to be drilled in the near future, to determine whether there is an adequate water supply for this development as well as other development in the area. She recognized the impacts that traffic from this development may have on the transportation system. She noted, however, that development will be slow; and those impacts will not be dramatically noticeable. She noted that traffic impact studies will be made as development of the project progresses; and those studies will indicate what road improvements may be required; and they will address those items at the appropriate time. Ms. Beiser stated she recognizes the need for affordable housing. She then asked for whom the affordable housing is to be provided, primarily the elderly or for everyone? She noted .that is a policy decision to be made. She concluded by emphasizing their intent to ensure that the designated open space is protected and is maintained as such. The Commission thanked Ms. Beiser for her presentation. Break - 5:00 to 5:05 D.m. Mayor Swanson declared a break from 5:00 p.m. to 5:05 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Staff reDort - request for annexation of 10.0-acre Darcel located in the E%. W%. NE% SW%. Section 11. T2S. R5E. MPM - Virginia L. Barfnecht (south side of West Babcock Street. north of the Main Mall. west of the Barrick Annexation and east of the Schrenk annexation reauest) City Manager Wysocki stated that, included in the Commissioners' packets, was a copy .f the written staff report. Senior Planner Skelton presented the staff report. He stated that, since the written staff report was included in the Commissioners' packets, he will simply review the staff findings. He noted that staff evaluated this application for annexation in light of the eight goals and twelve policies set forth in Commission Resolution No. 2716. He noted the application is in general 1 0-1 8-93 - 12 - compliance with the goals and policies, except for Goal No.2, which pertains to traffic circulation, and Policy No.4, which pertains to traffic impacts. The Senior Planner stated that the subject 10-acre parcel is located along the south side of West Babcock Street, just north of the Main Mall. It is located immediately east of the Schrenk .nnexation request. which is also in process; and the developer of that 13-acre parcel wishes to develop it in conjunction with this 10-acre parcel. He stated that since the parcel is located in County Zoning District No.1, it must receive an initial master plan land use designation; and its zoning must be amended to an urban density residential zoning designation upon annexation. Senior Planner Skelton stated that if the Commission wishes to proceed with the annexation process for this parcel, several items which have been addressed in conjunction with other annexation requests in this area would need to be addressed for this application as well. He noted these include waivers of right to protest the creation of special improvement districts for improvements to West Babcock Street and for signalization of the West Babcock Street/West Main Street intersection, cash-in-lieu of water rights, master plan amendment, zone map change, payback to Harry Daum for connection to the sewer main, payback to SID No. 622 for connection eo the water main and appropriate mapping. He also noted that internal traffic circulation must be addressed prior to annexation. Senior Planner Skelton stated that if the Commission chooses to proceed, the next step would be to direct staff to prepare a resolution of intent to annex, which sets the public hearing. He suggested that if the Commission decides to proceed, applications for the master plan amendment and the zone map amendment be received prior to scheduling of the public hearing. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission authorize and direct staff to prepare a resolution of intent to annex the subject 10.0- acre tract, located along the south side of West Babcock Street, just north of the Main Mall. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Stiff, Commissioner Vincent and Mayor Swanson; those voting .0, none. Year end budget review; authorize Mayor to sign budaet amendments City Manager Wysocki stated that, included in the Commissioners' packets, was a memo from Administrative Services Director Gamradt, dated October 15, forwarding the year end budget 10-18-93 - 13 - review and attendant budget amendments. He noted that the amendments range from $2 to $842,000; and are needed to balance and close the books for Fiscal Year 1992-1993. Mayor Swanson stated he does not feel the public is fully informed about the City's budget and suggested that staff prepare some type of article which reflects the City's financial .osition. City Manager Wysocki stated the purpose of reviewing these amendments in open Commission meeting is to provide an opportunity to discuss and understand them as well as the overall budget. He then expressed concern that it would be extremely difficult to explain the budget and governmental accounting so that the general public can understand it. The City Manager stated that the expenditures for renovation of the Law and Justice Center totalled $230,680 for last fiscal year. He reminded the Commission that the estimated cost of this project is $700,000; and the City will incur those costs during the current fiscal year. He also noted that the $842,000 is to cover the judgment in the Story case, which has been anticipated for several years but not budgeted because of uncertainty about when payment would be made. . Commissioner Vincent asked whether the City is spending more money than it had originally budgeted and, if so, how much and what impact it will have. He suggested that to the casual reader, these are the important questions and issues. Administrative Services Director Gamradt responded that the last paragraph in the summary specifically states that in the General Fund, revenues exceeded expenditures by $106,000, or 1.7 percent of the budget for that fund. He stated that the Water Fund incurred a deficit of almost $1 million, due in large part to the Story case. He also indicated that the Waste Water and Solid Waste funds show deficits, although all three funds still maintain positive cash positions. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that to acknowledge receipt of year-end budget review, and authorize and direct the Mayor to sign the eUdget amendments. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. 10-18-93 ------- ----..----- ------.... ... - - .-. -. - '," -.. ,,_. ------..,---- ...-.-.--., -.-.---- - 14 - Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Deviations from Sections 18.50.050.F. and 18.50.120.K.. to allow garage to encroach 10 feet into reauired 10-foot yard setback and to allow Darkina in the reauired corner side yard setback - Daniel and Diane Goodman. 503 West Cleveland Street: Der DRB recommendations . Deviations from Sections 18.50.130.A. and 18.50.120.F.. to eliminate one reauired off-street loadina berth and to eliminate one of the reauired 68 off-street Darkina SDaces - Kevin Christianson for SleeD Inn Motel. 817 Wheat Drive: Der DRB recommendations Authorize City Manager to sign - Professional Services Aareement with Thomas. Dean and Hoskins - Droiect inSDection services for widening of Kagy Boulevard from South 7th to South 11 th Avenue Authorize City Manager to sian - Professional Services Aareement with HKM and Associates - update the Water Facilities Master Plan and the Wastewater Facilities Master Plan. Acknowledae receiDt of reauest for annexation - A8-acre tract located in the SE~. Section 11. T2S. R5E. MPM - Susan J. Smiley and Steven Wenzel. 2502 West Babcock Street: refer to staff ADDointment of Commissioner Stiff and Commissioner Vincent to sub-committee to review Pledged Securities as of SeDtember 30. 1993 It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the .ommission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. Recess - 5:30 D.m. Mayor Swanson declared a recess at 5:30 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings and completing the routine business items. Reconvene - 7:00 D.m. . Mayor Swanson reconvened the meeting at 7:00 p.m. for the purpose of conducting the scheduled public hearings and completing the routine business items. 10-18-93 ... n. _m._ -. - 15 - Public hearina - appeal of decisions bv the DeveloDment Review Committee and Desian Review Board to denv a minor site plan review application to modifv an existing final site plan under Application No. Z-91122 to convert a aasoline service station to an automobile lubrication and oil chanae business - Lots 17 and 18. Block 3. Violett Addition (438 North 7th Avenue) This was the time and place for the public hearing on the appeal of decisions by the Development Review Committee and the Design Review Board to deny a minor site plan review .PPlication to modify an existing final site plan under Application No. Z-91122, to convert a gasoline service station to an automobile lubrication and oil change business on Lots 17 and 18, Block 3, Violett Addition. The subject site is more commonly known as 438 North 7th Avenue. City Manager Wysocki noted that, included in the Commissioners' packets, was a letter from Paul Ellis, owner of Speedy Lube, requesting that this public hearing be postponed for a period of two weeks, to allow him time to gather needed information. He then recommended that the Commission open and continue the pUblic hearing per the applicant's request. Mayor Swanson opened and continued the pUblic hearing to 7:00 p.m. on Monday, November 1, per the applicant's request. Public hearina - Commission Resolution No. 2938 -Ievving and assessing garbage assessments for .Fiscal Year 1994 This was the time and place for the public hearing on Commission Resolution No. 2938, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2938 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO DEFRAY THE COST AND EXPENSE OF COLLECTING, REMOVING AND DISPOSING OF SOUD WASTE UNDER THE PROVISIONS OF THE ORDINANCE NO. 1323, AS AMENDED BY ORDINANCE NO. 1367, OFTHE CITY OF BOZEMAN MUNICIPAL CODE. Mayor Swanson opened the public hearing. City Manager Wysocki presented the staff report. He reminded the Commission that on .une 21, they adopted Commission Resolution No. 2916, which established the rates upon which these assessments are based. No one was present to speak in support of or in opposition to final adoption of the resolution; and no written testimony had been submitted. 1 0-1 8-93 --- ------ - 16 - It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the public hearing be closed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Swanson; those voting No, none. . Mayor Swanson closed the public hearing. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission finally adopt Commission Resolution No. 2938, levying and assessing garbage assessments for Fiscal Year 1994. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Stiff, Commissioner Vincent and Mayor Swanson; those voting No, none. Public hearing - Commission Resolution No. 2939 - levvina and assessina lighting district assessments for Fiscal Year 1994 This was the time and place for the public hearing on Commission Resolution No. 2939, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2939 . A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING MAINTENANCE AND ELECTRICAL CURRENT COSTS FOR SPECIAL IMPROVEMENT LIGHTING MAINTENANCE DISTRICTS OF THE CITY OF BOZEMAN, PURSUANT TO THE PROVISIONS OF SECTIONS 7.12-4328 THROUGH 7-12-4330 AND 7-12-4332 THROUGH 7-12-4333, M.C.A. Mayor Swanson opened the public hearing. City Manager Wysocki presented the staff report. He reminded the Commission that these assessments are based on the actual electrical costs which the City paid for the period July 1, 1992 through June 30, 1993. He noted there are twenty-five lighting districts as the community, as listed in the resolution; and the assessments for this year total approximately $81,000. No one was present to speak in support of or in opposition to final adoption of the resolution; and no written testimony had been submitted. . It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the public hearing be closed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. Mayor Swanson closed the public hearing. 1 0-1 8-93 --- .- - 17 - It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the Commission finally adopt Commission Resolution No. 2939, levying and assessing lighting district assessments for Fiscal Year 1994. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, Commissioner _rast and Mayor Swanson; those voting No, none. Public hearina - Commission Resolution No. 2940 -Ievving and assessing delinauent sewer charges for Fiscal Year 1993 This was the time and place for the public hearing on Commission Resolution No. 2940, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2940 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO COLLECT DELINQUENT SEWER CHARGES PLUS COSTS AND EXPENSES INCURRED BY THE CITY OF BOZEMAN, AS PROVIDED FOR IN SECTION 7-13A309, MONTANA CODE ANNOTATED. Mayor Swanson opened the public hearing. . City Manager Wysocki presented the staff report. He noted there are two delinquent sewer charges listed in this year's assessment totalling $23.33, representing delinquent bills which remain uncollected for Fiscal Year 1993. No one was present to speak in support of or in opposition to final adoption of the resolution; and no written testimony had been submitted. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the public hearing be closed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Swanson; those voting No, none. Mayor Swanson closed the public hearing. . It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission finally adopt Commission Resolution No. 2940, levying and assessing delinquent sewer charges for Fiscal Year 1993. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Stiff, Commissioner Vincent and Mayor Swanson; those voting No, none. 10-18-93 __.. ._.m~._...__ - 18 - Public hearing - Commission Resolution No. 2941 -levvinQ and assessina delinQuent snow removal charges for Fiscal Year 1993 This was the time and place for the public hearing on Commission Resolution No. 2941, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2941 . A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO DEFRAY THE COST AND EXPENSE FOR REMOVAL OF SNOW AND ICE FROM SIDEWALKS IN THE CITY OF BOZEMAN UNDER THE PROVISIONS OF CHAPTER 12.24 OF THE CITY OF BOZEMAN MUNICIPAL CODE. Mayor Swanson opened the public hearing. City Manager Wysocki presented the staff report. He noted that these assessments reflect the costs which have been incurred because the City became involved in the removal of snow and ice from sidewalks during Fiscal Year 1993, and the bills remain unpaid. He stated the total of these twelve assessments is $805.33. No one was present to speak in support of or in opposition to final adoption of the resolution; and no written testimony had been submitted. . It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the public hearing be closed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. Mayor Swanson closed the public hearing. It was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the Commission finally adopt Commission Resolution No. 2941, levying and assessing delinquent snow removal charges for Fiscal Year 1993. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. . Public hearing - Commission Resolution No. 2942 -levying and assessinQ preliminarv assessments on Soecial Imorovement District No. 656 (water main in Burrup Annexation - $392.000 This was the time and place for the public hearing on Commission Resolution No. 2942, as approved by the City Attorney, entitled: 10-18-93 - --------- ------ ______.._ _,,_u,__,__ - 19 - COMMISSION RESOLUTION NO. 2942 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL BENEFITED PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 656 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 656. . Mayor Swanson opened the public hearing. City Manager Wysocki presented the staff report. He reminded the Commission that 70 percent of the property owners signed the petition requesting creating of this special improvement district, which funded the extension of a water main to the Surrup Annexation. He noted that the property owners also agreed to assessment on a per-square-foot basis. He stated the work has now been essentially completed; and the project should be assessed, based on the amount of the bond sale. Mrs. Diane Stewart, Anthony Wayne Corporation, noted they are currently building a structure to house the ILX Lightwave Corporation. She stated support for the adoption of this assessment resolution, noting her pleasure that the project was completed in a timely manner and within the budgeted amount. She also reminded the Commission that 70 percent of the property .wners within the district requested this improvement be made. Mr. Neal Ganser, 32404 East Frontage Road, submitted a lengthy statement of opposition to the Commission, after which he gave his eight-page statement to the Clerk. He stated that he is appropriately pleased that the project was completed within the budgeted amount and in a timely manner. He noted, however, that he is disappointed in a few issues. Mr. Ganser expressed concern that his 90-year-old home, which is located on six acres of R-O zoned property within the subject district, is being assessed in the same manner as the developed and undeveloped commercial properties. He noted that at the first hearing regarding the intent to create this district, there appeared to be empathy for a family residence being assessed $32,000 for a water service that he does not want or need; however, the alternatives forwarded .t the second hearing did not seem to appropriately address his concerns. He reminded the Commission that during those hearings, he agreed to accept full assessment on his M-1 zoned property, which is approximately one-fifth of the total parcel, representing approximately $8,000 in assessments. 10-18-93 ----~,. ..- - 20 - Mr. Ganser cited several sections of the City Manager's memo dated January 8, 1993, which was submitted to the Commission for consideration during the second portion of the public hearing. He forwarded his position that many of the alternatives listed in that memo are not viable or acceptable alternatives, and that the basis of their decision was flawed. He cited portions of <<ections 7-12-4161, 7-12-4162, 7-12-4164 and 7-12-4165, Montana Code Annotated, as the basis for his position. He also cited three court cases regarding special improvement district assessments, noting two of those are from this community. Mr. Neal Ganser stated that a disproportionate SID assessment is a taking, disguised as a taxation and, therefore, falls under the eminent domain concept. He forwarded his argument that, with his home and a barn on six acres of land, he feels that a per-square-foot assessment generates a disproportionate assessment of $32,000. He recognized that this SID was created to accommodate and benefit commercial development in the M-1 and R-O zones which it services; however, his residential use of his property is not considered or accommodated. Mr. Ganser stated that, after the public hearings on creation of this district were held, a meeting between him, City officials and some of the property owners in support of the district was .called, but with no resolution. He indicated that, at the City's suggestion, he contacted the other property owners within the district to see if they would be willing to pay a portion of his "share" voluntarily, with no affirmative responses. Mr. Ganser emphasized the fact that his protest to annexation was withdrawn on the basis of his understanding that they would not be subjected to any special assessments for water or paving, although he was willing to accept an SID for sanitary sewer. He then concluded his statement of opposition by indicating his willingness to pay an assessment on his M-1 zoned parcel and a just assessment for his residential property, but not the assessment which is established under this resolution. Mr. Larry Ellison, 3301 West Babcock Streett encouraged the Commission to approve an assessment on Mr. Ganser's property in the manner which he has suggested, thus eliminated what eppears to be an unjust assessment against his vacant land. He stated that cost should be borne by the rest of the district, which would raise their assessment slightly but which would generate a fairer assessment. City Manager Wysocki read into the record a letter of support for the assessments from David Osterman, owner of property within the district, dated today. 10-18-93 ----- ----_._---~---------- ._..__.__...._.___n ______n_. .. ...__ .._.. -..--- - 21 - Responding to the Mayor, a majority of Commissioners stated their interest in keeping the public hearing open until next week's meeting. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the public hearing be continued to 5:00 p.m. on Monday, October 25, 1993. The motion carried by _he following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Swanson; those voting No, none. Break - 7:50 to 7:55 C.m. Mayor Swanson declared a break from 7:50 p.m. to 7:55 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. Public hearing - Commission Resolution No. 2943 -Ievving and assessing creliminarv assessments on SDeciallmDrovement District No. 657 (paving of Lexinaton Drive) - $130,000 This was the time and place for the public hearing on Commission Resolution No. 2943, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2943 . A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL BENEFITED PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 657 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 657 Mayor Swanson opened the public hearing. City Manager Wysocki presented the staff report. He reminded the Commission that this special improvement district was for the paving of Lexington Drive, which is located in Westfield Subdivision, Phase III. He noted that the work has been essentially completed; and the district must now be preliminarily assessed. No one was present to speak in support of or in opposition to final adoption of the resolution; and no written testimony had been submitted. . It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the public hearing be closed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Stiff, Commissioner Vincent and Mayor Swanson; those voting No, none. Mayor Swanson closed the public hearing. 10-18-93 - --...--- --.----. - 22 - It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the Commission finally adopt Commission Resolution No. 2943, levying and assessing preliminary assessments on Special Improvement District No. 657. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner eVincent. Commissioner Knapp and Mayor Swanson; those voting No. none, Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Memo from Sanitation Superintendent Sicz, dated September 27, forwarding statistics for this year's compost collection program. (2) Minutes from the Highway Commission meeting of August 19 and telephone meetings of August 25 and August 27. (3) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, October 19. . (4) Agenda for the City-County Planning Board meeting to be held at 7:00 p,m. on Tuesday, October 19. (5) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, October 19, at the Courthouse, along with daily minutes for the week of October 4, 1993. (6) City Manager Wysocki submitted his weekly report, as follows. (1) Attended the Chamber of Commerce retreat, at which they discussed goals, their mission statement and results of a recent survey. (2) Staff has been involved in discussions with the owner of property west of Kirk Park across which the extension of West Beall Street would traverse. (3) Staff has been in discussions with Gibson Guitar in an attempt to resolve difference in an amiable manner. (4) Announced that widening of Kagy Boulevard between South 7th Avenue and South 11th Avenue is nearly complete. (5) Stated that staff is painting intersections, particularly on arterials. (6) .oted the "We Share the Road" banner has been hung across Main Street. (7) Reminded the Commission of the meeting set for 4:00 p.m. tomorrow at the GranTree Inn to discuss possible improvements to the North 7th Avenue entryway. (8) Stated that on Tuesday, he will be participating in the program to raise awareness about disabilities, stating that he will be hearing impaired. 10-18-93 ..._n ..n ....- .. --....-.-- -.. .' - 23 - (7) Commissioner Vincent submitted the following. (1) Attended the Chamber of Commerce retreat on Thursday afternoon. He noted the survey showed a diversity of opinion among the membership that did not seem to exist a few years ago. (2) Attended the Interagency Breakfast, at which a planner from Albuquerque and a County Commissioner from Jackson, .wyoming, focused on the growth and planned growth in the Jackson area. (3) Noted an article on the national perspective on recycling. He noted that recycling of plastics and different colors of glass seem to be the primary problems at this time. (4) Noted that some time ago, he had expressed interest in changing the City seal. He stated he has since changed his mind after seeing the changes made in the seal for the City of Hood River, Oregon, feeling that it is traditional, even though it does not reflect today's community at all. (8) Commissioner Knapp submitted the following. (1) Attended meetings of the Beautification Advisory Board and the Cemetery Board. (2) Provided an update on the Night of 100 Dinners fundraiser for the Library. She noted that, in addition to the dinners in various homes throughout the community, a number of restaurants have agreed to donate a percentage of the proceeds from dinners sold on the night of November 6 to the Library. (3) Hosted the reception efor the Beautification Advisory Board on Sunday afternoon, noting it was well attended and very positive. (4) Noted the Transportation Coordinating Committee meeting to be held on Wednesday morning. (5) Announced that she will be involved in interviews on Friday for a firm to monitor the groundwater at the landfill. (9) Commissioner Frost submitted the following. (1) Attended the Downtown Bozeman Association Board meeting on Wednesday morning. He noted that in the past, Waste Management and the City of Bozeman have shared the responsibility for removing trash from the trash receptacles on Main Street; however, Waste Management has indicated it will no longer do so. He stated the DBA will be approaching the City about providing this service on a year around basis. (2) Attended the Southwest Montana Building Industry Association candidates' forum on Friday night. (3) Attended the reception for the Beautification Advisory Board on Sunday, eharacteriZing it as a pleasant afternoon. He noted that Gary Bates, the artist chosen for the sculpture, is currently building railings for scenic views in Yellowstone park. He is traveling into the back woods and selecting trees which are being carried out for his use. He will be making individual art pieces from each of the trees he has selected. 10-18-93 --.---. . - 24 - (10) City Attorney Luwe provided an update on the Karst Stage situation. He has met with attorney Joby Sabol, who will forward to his client the alternatives for filing of a conditional use permit or appealing the Planning Director's decision that a conditional use permit is needed. He noted that if the client chooses neither of these alternatives, the City will proceed with an .njunction and declaratory judgment. (11) Clerk of the Commission Sullivan briefly highlighted the agenda for next week. She then asked if the Commissioners wish to conduct a work session with the County Commission, since one has been tentatively scheduled; they confirmed one should be held. City Manager Wysocki indicated the topics to be discussed include water quality districts, and the home health care program and disposal of property. ( 12) Mayor Swanson stated that he was absent from last week's Commission meeting due to attendance at his 25th college reunion. He noted the small town in Missouri where he attended college was a vibrant community when he was there, but now has many vacant spaces and is encountering many problems. .diournment. 8:16 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Stiff, seconded by Commissioner Vincent, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. ~~~.,~ ATTEST: ~y~ ROBIN L. SULLIVAN Clerk of the Commission 10-18-93