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HomeMy WebLinkAbout1993-01-19 ccm -- ---'-"_.,_._..,---~. ~ I ~ , , MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA January 19, 1993 ***************************** ~ The Commission of the City of Bozeman met in regular session in the Community Room, ., Gallatin County Courthouse, January 19, 1993, at 3:30 p.m. Present were Mayor Swanson (for the afternoon session only), 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 Mayor Swanson deferred action on the minutes for the regular meeting of January 11, .1993, for a period of one week. Work session - ioint meeting with County Commission re transDortation enhancement fund monies This was the time and place set for a work session for the City Commission and County Commission to discuss a process for determining how transportation enhancement fund monies are to be utilized within the City and its extraterritorial jurisdiction. City Manager Wysocki stated that, included in the City Commissioners' packets, was a memo from Director of Public Service Forbes, dated January 15, 1993, along with a copy of the draft minutes from the Transportation Coordinating Committee meeting of November 18, 1992. He noted that the Commissioners had previously received information from Planning Director Epple, .including a sheet showing the allocations to the different governmental entities in Montana. He distributed to the Commissioners a copy of the proposed criteria and procedures which Missoula is currently considering. He then announced that Mr. Ross Tervo, Urban Planning Supervisor, and Mr. Dick Howell, Coordinator of the Enhancement Program, are representing the Montana Department of Transportation at this meeting. At the Mayor's request, Director of Public Service Forbes reviewed his memo. He 01-19-93 ...........-. -. , . - 2 - reminded the Commissions that the program is being administered under a three-party agreement including the Montana Association of Counties, Montana League of Cities and Towns and the Montana Department of Transportation. He suggested that the Commission could utilize either the City-County Planning Board or the Transportation Coordinating Committee in developing a list of .projects to be funded. Mayor Swanson expressed his concern about using the TCC as the screening body, suggesting that it may be more appropriate for the proposals to go through the City-County Planning Board, which already has a well-structured public hearing process. He suggested that once the list of projects is established, it could then be forwarded to the TCC for review under the criteria established to ensure that all projects listed are appropriate; then the list of projects can be forwarded to the Montana Department of Transportation for funding consideration. He noted that the TCC does not have expertise in many of the areas for which this funding is designated, i.e., historic preservation, beautification and landscaping. County Road Superintendent Sam Gianfrancisco stated concurrence with Mayor Swanson's comments. He noted his concern is that the County must take care to ensure that the .City-county Planning Board recognize that only a percentage of County monies will be expended in the jurisdictional area. He emphasized the need for cooperation between the City and the County, since governmental boundaries don't depict the end of a transportation system, i.e., trail networks. County Commissioner Chair Jane Jelinski stated that the County Commission has already received formal proposals from the City of Three Forks and the Town of West Yellowstone for the use of a portion of the County's share of the transportation enhancement funds within their jurisdictions. She suggested that it may be beneficial for the County Commission to consider distribution of its share of the monies on a per capita basis, since that is the basis upon which the funds are initially distributed. She further noted that this decision would provide a basis by which . the various jurisd ictions in the County could determine what their share of the funds would be. She then indicated that the County may wish to expend some of its monies within an incorporated municipality, not just outside city limits. Planning Director Epple noted that a fairly accurate survey conducted a few years ago revealed that approximately 5,000 of the 20,000 to 25,000 county residents live within Bozeman's jurisdictional area. 01-19-93 . .--- .--- , ' - 3 - Mayor Swanson suggested it is possible the City Commission will decide to expend some of its funds within the jurisdictional area, particularly for a cooperative project with the County. Director of Public Service Forbes cautioned that there may be some types of projects for which the City may not want to spend its monies outside the city limits. He noted, however, that . for a project that flows from the city out into the county, it may be appropriate for both governmental entities to participate in the costs of that project within the jurisdictional area. Mayor Swanson commented that trails from Main Street to the mountains might be perfect projects for this type of cooperation. County Commissioner Deb Berglund suggested that care should be taken not to develop too many requirements and criteria for these projects. She noted that if it is too closely structured, the County may not be able to spend the monies where they could be best utilized. Responding to Mayor Swanson, Mr. Dick Howell stated that governmental cooperation is a key element to the successful use of these funds. He noted an interest in ensuring that adequate public involvement is included in the process established because these are federal funds. He added it does not matter to his agency whether the City-County Planning Board or the . Transportation Coordinating Committee is used as the screening body. At County Commissioner Pruitt's request, Mr. Howell reviewed the allocations for both the City and the County. He noted that the funds are distributed on the federal fiscal year; and both the 1992 and 1993 funds are now available. He reviewed those amounts for the City, which are $125,854 for 1992 and $133,241 for 1993; and for the County, $123,049 for 1992 and $130,000 for 1993. He indicated that the first three years' distributions of these funds must be committed or expended by September 30, 1994. Planning Director Andy Epple stated that if the County Commission and the City Commission can reach general agreement on how projects within the jurisdictional area are to be reviewed and evaluated, the next step will be to develop the submittal requirements and deadlines. . He suggested that if the Commissioners desire, he will prepare a draft of those requirements and deadlines for review and consideration. County Commissioner Dave Pruitt stated that the process developed for considering applications within the city and the jurisdictional area could easily be adapted for County Commission use, simply by substituting another body for the City-County Planning Board. 01-19-93 ____._n__.__._____ -.-----.--- - 4 - Responding to City Manager Wysocki, Mr. Ross Tervo stated that under the Memorandum of Understanding, the governing body must forward the requested project or list of projects to the Montana Department of Transportation. In response to questions from Planning Director Epple, the Commissioners decided that . for projects within the city and the jurisdictional area, the Planning office should accept the applications. It was also determined that, at a minimum, a synopsis of all the projects requested will be forwarded to the Commissions, and the complete applications for those identified as top priority items. After the Commissioners conduct their review(s), the projects, as modified by the governing body(ies), will be forwarded to the Transportation Coordinating Committee for review to ensure conformance with the criteria. The TCC will then forward the listing of projects to the appropriate governing body(ies) with its comments; and the governing body will then forward its request for funding to the Montana Department of Transportation. Director of Public Service Forbes noted this is a formal application process. He asked about the possibility of an informal review process, so that someone who is interested in submitting an application can receive an informal response from the Commission on whether a project might A be favorably considered. He noted that this can eliminate the completion of detailed work on an ......... application that will not be funded. The Commissioners discussed this point extensively. They concurred that it would be inappropriate to require that both an informal and subsequent formal application be required to complete the entire process. They further concurred that to develop a one-page application form that can be easily completed, while providing the essential information, could make the process much easier for everyone involved. They decided that if an application is successful in the prioritization process, additional information can be provided at that time. The County Commissioners and City Commissioners concluded that this process would be more easily understood and followed by anyone wishing to submit an application, rather than .POSSibIY providing a system under which applications forwarded by advisory boards or staff members would more readily rise to the top. Commissioner Knapp emphasized the importance of recognizing the purpose for which these monies have been set aside. She noted that these funds are designated for enrichment of the lives of those in the community, not for major transportation system needs. She stated it is extremely important that this purpose is remembered as the applications are reviewed. 01-19-93 , ' - 5 - Responding to Mayor Swanson, Planning Director Epple indicated that within the next month, he will attempt to draft a set of guidelines for review of applications for the enhancement monies and submittal of a request for funding to the Montana Department of Transportation. He noted it is important to complete this step before the Commissions begin to accept applications for .use of the monies. Responding to the City Manager, Mr. Howell stated that a prioritized listing of projects, with a notation of which ones the governing body is requesting funding for, is acceptable. He noted that the Highway Commission will review the listing and approve those projects for which they feel funding is appropriate. He stated that some counties have indicated that they are not interested in becoming involved in this program; and those monies will be redistributed at the appropriate time. He suggested that the first projects forwarded to the Highway Commission will probably have the best chance of being funded. City Manager Wysocki stated that in the North 19th Avenue interchange project, the Highway Commission eliminated much of the landscaping and enhancement for the interchange area. He expressed concern that the Highway Commission may feel that these enhancement . monies should be utilized to complete that project rather than other enhancement projects in and around the community. It was moved by Commissioner Frost, seconded by Commissioner Knapp, that the Commission authorize and direct staff to bring back proposed guidelines for the process of selecting projects within the city limits and the jurisdictional area for possible funding through the transportation enhancement monies as follows: applications be received by the Planning staff, with the City-County Planning Board conducting the appropriate public hearings and forwarding a recommended list of priorities to the appropriate governing body(ies); the governing body(ies) review that recommendation and make any desired modifications; the list of priorities then be forwarded to the Transportation Coordinating Committee for review and to ensure compliance with . the guidelines and criteria for the program, with a recommendation to be forwarded to the appropriate governing body(ies); and then final submittal of the list to the Montana Department of Highways. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Knapp, Commissioner Vincent, Commissioner Stiff and Mayor Swanson; those voting no, none. 01-19-93 --..--..-.- - 6 - Recess - 5:20 D.m. Mayor Swanson recessed the meeting at 5:20 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings and completing the routine business items. He also excused himself from the remainder of the meeting. -Reconvene -7:00 p.m. Mayor Pro Tempore Vincent reconvened the meeting at 7:00 p.m. in the Commission Room of City Hall, for the purpose of conducting the scheduled public hearings and completing the routine business items. Public hearing - Commission Resolution No. 2895 - stating the City's intent to imDlement a 9.5 Dercent increase in waste water (sewer) rates This was the time and place set for the pUblic hearing on Commission Resolution No. 2895, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2895 - A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ORDERING A PUBLIC HEARING BE HELD ON A PROPOSED NINE AND ONE-HALF PERCENT (9.5%) INCREASE IN THE WASTE WATER (SEWER) RATE CHARGED TO CUSTOMERS OF THE MUNICIPAL WASTE WATER (SEWER) SYSTEM. Mayor Pro Tempore Vincent opened the public hearing. City Manager Wysocki reviewed the information sheet included in the Commissioners' packets, which reflects several major projects that are to be undertaken in this and subsequent fiscal years. He noted that for each 1 percent change in this fund, an additional $11,740 in revenues will be generated. He then reviewed the breakdown of the 9.5-percent increase, noting that 3.5 percent is to cover inflation, 3.0 percent for loss recovery, 2 percent for major projects and 1 percent for equipment replacement. He added that this proposed 9.5-percent increase will result in a 76-cent increase on the typical $8.00-per-month residential waste water bill. . No one was present to speak in support of or in opposition to the proposed waste water rate increase. 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 Knapp and Mayor Pro Tempore Vincent; 01-1 9-93 -----... __n._.. - 7 - those voting No, none. Mayor Pro Tempore Vincent closed the public hearing. It was moved by Commissioner Stiff, seconded by Commissioner Knapp, that the Commission authorize and direct staff to bring back a resolution setting forth the new waste water .(sewer) rates reflecting the proposed nine and one-half percent (9.5%) rate increase. The motion carried by the fOllowing Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Knapp, Commissioner Frost and Mayor Pro Tempore Vincent; those voting No, none. Public hearing - Commission Resolution No. 2899 - intent to annex 14.147-acre tract located in the NE% of Section 1. T2S. R5E. MPM (south of 1-90. east of North 7th Avenue. and north of West Oak Street) This was the time and place set for the public hearing on Commission Resolution No. 2899, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2899 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND . CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARL Y DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Mayor Pro Tempore Vincent opened the public hearing. Associate Planner Debbie Arkell presented the staff report. She reminded the Commission that this report was originally submitted at their meeting of November 30, 1992. She noted that the report provides the staff findings on whether this requested annexation complies with the eight goals and twelve policies established by the Commission under Commission Resolution No. 2716. Planner Arkell stated the property is currently zoned R-S, Residential Suburban, although the master plan land use designation is commercial. She noted that the public hearing on the application to change the zoning from R-S to B-2 will be held immediately following this hearing. . She then reminded the Commissioners that they have conditionally approved the major site plan application submitted for Wal-Mart, contingent upon completion of the annexation process. The Planner reviewed the goals and policies individually, highlighting staff's responses. She noted that the subject parcel contains 14.147 acres; and the future Wal-Mart site involves only a portion of that acreage. She added that the property owners also own the property immediately to the east; however, they are not interested in annexing the entire area at this time for tax 01-19-93 _n.__ __....._._n.....____ - 8 - reasons. She reminded the Commission that, as a condition of approval, Wal-Mart is to install a traffic signal at the intersection of North 7th Avenue and West Oak Street. She noted that for this annexation, staff would recommend that the property owners be required to sign a waiver of protest for the creation of an SID for installation of that traffic signal. She stated that if Wal-Mart .deCides not to build, this will provide an alternative funding source for that signal. The Planner stated the Director of Public Service is to calculate the cash-in-lieu of water rights payment for the subject parcel. She noted that, with so many processes running concurrently, staff recommends that this payment be made prior to signing of the annexation agreement. She summarized the staff findings, indicating that the application does not substantially conflict with any of the goals and is in general compliance with those goals. She noted that if the issues raised are adequately addressed in the annexation agreement, this application will not substantially conflict with any of the policies and will be in general compliance with all applicable goals. Associate Planner Arkell then enumerated the issues that should be addressed prior to signing of the annexation agreement, if the Commission decides to proceed with the annexation, . as follows: 1. That the property owners shall dedicate a five-foot-wide easement for right-of-way for improvements to West Oak Street. The dedication shall either be granted when the annexation agreement is formally accepted or shown on the final subdivision plat. 2. That the property owners sign a waiver or right to protest the creation of SID's for improvements to West Oak Street. 3. That the property owners sign a waiver of right to protest the creation of SID's for participation in the cost of the installation of a traffic signal light at the intersection of West Oak Street and North 7th Avenue. 4. That the property owners shall provide usable water rights or cash-in- lieu thereof in an amount determined by the Director of Public Service based on an assumed zoning of B-2. 5. That the applicant shall provide a mylar map, suitable for filing, of the annexed area which is acceptable to the Director of Public Service. . Mr. Don White, attorney representing George Westlake and Kay Martinen, stated support for the application for annexation. He stated they are well aware of the five issues listed by Planner Arkell and are willing to accept those as items to be addressed prior to finalization of the annexation. No one was present to speak in opposition to the requested annexation. 01-19-93 - 9 - 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 and Mayor Pro Tempore Vincent; those voting No, none. . Mayor Pro Tempore Vincent closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Stiff, that the Commission authorize and direct staff to proceed with the annexation process, developing an annexation agreement which addresses the five issues listed above. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Knapp and Mayor Pro Tempore Vincent; those voting No, none. Continued Dublic hearina - zone maD change - R-S to B-2 - Wal-Mart Stores. Inc. for Georae Westlake and Kay Martinen - change zonina on 14.2 acres located in the NE% of Section 1. T2S. R5E. MPM (south of 1-90. east of North 7th Avenue and north of West Oak Street) This was the time and place set for the continued public hearing on the zone map change from R-S. Residential Suburban, to B-2. Community Business. requested by Wal-Mart Stores, Inc.. .for George Westlake and Kay Martinen under Application No. Z-92134, on 14.2 acres located in the northeast one-quarter of Section 1, Township 2 South, Range 5 East. Montana Principal Meridian. The subject parcel is more commonly located south of Interstate 90, east of North 7th Avenue and north of West Oak Street. Mayor Pro Tempore Vincent reopened the continued public hearing. Associate Planner Debbie Arkell presented the staff report. She stated that this application involves the same parcel as the annexation request considered in the previous agenda item. She noted that this application was reviewed in light of the twelve criteria established by the Montana Supreme Court; and staff responses are included in the report. She indicated that the City-County Planning Board conducted its public hearing on this zone map change application, after which it .voted unanimously to concur in the staff's recommendation for approval. Planner Arkell reviewed the staff finding to each of the twelve criteria. She stated that the proposed rezoning does comply with the master plan. She noted that the proposed rezoning does not lessen traffic congestion, since any development of vacant land tends to increase traffic. She explained, however, that through the appropriate review processes, steps can be taken to ensure that the appropriate mitigating actions are taken. She noted that, given the commercial 01-1 9-93 ---- ~ . --.- -- - 10- development surrounding the subject site, the proposed rezoning appears to be appropriate. Mr. Don White, attorney representing George Westlake and Kay Martinen, stated support for the proposed zone map change. No one was present to speak in opposition to the requested zone map change. ....... 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 Knapp and Mayor Pro Tempore Vincent; those voting No, none. Mayor Pro Tempore Vincent closed the public hearing. It was moved by Commissioner Stiff, seconded by Commissioner Knapp, that the customary one week waiting period for land use decisions be waived. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Knapp, Commissioner Frost and Mayor Pro Tempore Vincent; those voting No, none. , It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the Commission approve the zone map change from R-S, Residential Suburban, to B-2, Community .Business, requested by Wal-Mart Stores, Inc., for George Westlake and Kay Martinen under Application No. Z-92134, on 14.2 acres located in the northeast one-quarter of Section 1, Township 2 South, Range 5 East, Montana Principal Meridian, contingent upon completion of the annexation process. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Stiff and Mayor Pro Tempore Vincent; those voting No, none. City Attorney Luwe informed the Commission that staff will prepare an ordinance to finalize this zone map change after the annexation process has been completed. Public hearina - Commission Resolution No. 2900 - intent to annex 10.0-acre tract located in the W% of the NE% , Section 11. T2S. R5E. MPM (north side of West Babcock Street. west of its . intersection with West Main Streetl This was the time and place set for the public hearing on Commission Resolution No. 2900, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2900 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND 01-19-93 -..---.--- - n._ - 11 ~ CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARL Y DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Mayor Pro Tempore Vincent opened the public hearing. Associate Planner Debbie Arkell presented the staff report. She noted that the subject 10- .acre tract is located along the north side of West Babcock Street approximately 400 feet west of its intersection with West Main Street. She stated that the subject parcel lies within County Zoning District No.1 and is zoned RR, Rural Residential, which allows both single-family and multi-family units. She noted that under the proposed annexation and desire to seek rezoning to an R-3, Residential--Medium-density, zoning designation, the parcel could develop at approximately the same density as the existing zoning. The Planner reminded the Commission that the subject parcel was also the subject of a successful City of Bozeman Community Development Block Grant application for $375,000 in monies for public facilities. She noted that these monies are to be utilized for installation of infrastructure improvements for the construction of 24 multi-family and 25 single-family residential . units. Associate Planner Arkell stated that staff has reviewed this request for annexation in light of the eight goals and twelve policies set forth in Commission Resolution No. 2716. She briefly highlighted the results of that review, noting that they are a part of the staff report which was submitted to the Commission at its December 14, 1992 meeting. She noted that access to and from the site will be via West Babcock Street, which currently has a level of service designation of "F" (the lowest possible). She stated that the level of service on that street will continue to deteriorate with the increase in traffic; and the level of service at the intersection of West Main Street and West Babcock Street will only be more severely impacted as well. The Planner continued that with the current zoning designation and no annexation, the subject 10-acre parcel could be developed to a density of 72 dwelling units; and under the .development application which accompanies this annexation request, 49 dwelling units are to be constructed. She indicated that with this development, right-of-way for West Beall Street is to be dedicated but not developed until the remainder of the street is constructed; and right-of-way for West Mendenhall Street is also to be dedicated and possibly developed to a gravel County standard like the remainder of the street in that area. She informed the Commission that North 24th Avenue 01-1 9-93 - -- ---- - - --- ---- - - 12 - is to be constructed through the parcel, to a future "T" intersection with West Beall Street. She stated that staff has also recommended that the applicant be required to sign waivers of protest to the creation of SID's to improve West Babcock Street as well as realignment and signalization of its intersection with West Main Street, to address the impacts generated. . Associate Planner Arkell stated there are adequate water and sewer services to serve the subject site; however, the applicant will be required to provide a looped water system to Durston Road. She also noted that paybacks to SID No. 622 for the water main, in the approximate amount of $600 per acre; and to Harry and Kathleen Daum for the sewer main, in the approximate amount of $4,300, will be required. She stated that the sewer main in North 17th Avenue is surcharging during heavy use times; therefore, staff would recommend that the applicant be required to sign a waiver of protest for the creation of an SID to upgrade that line. Planner Arkell stated that, based on the number of dwelling units proposed in the affordable housing project, the Director of Public Service has estimated that the cash in lieu of water rights payment would be approximately $10,000. She stated that the applicant has requested that this payment be waived for the project, since it involves affordable housing; .however, staff did not feel it appropriate for them to address that issue since it could be precedent setting. The Planner reminded the Commission that, since the subject site is presently located in County Zoning District No.1, a master plan amendment to urban residential infill and a zone map change, probably to R-3, will be required. She noted that the applicant is fully aware that these processes must be completed prior to any development plans being approved. Associate Planner Arkell stated that Policy No.8 requires input from the School District regarding the proposed annexation. She noted that Mr. Gary Griffith has forwarded his concern about the potential impact that residential development might have on the school system. She noted that there is adequate space in grades K through 5; however, the Middle School is expected .to be overcrowded in 1993 and the High School by 1996. She informed the Commission that in this particular instance, an even higher density of residential development could occur as the property now exists; and she feels that this concern should be considered in that light. Planner Debbie Arkell stated that this application generally complies with all goals, except for partial non-compliance with Goal Nos. 1 and 2, and does not substantially conflict with any of the remaining goals. She further noted that the application generally complies with most of the 01-19-93 - 13 - policies and, if the annexation agreement responds to all of the concerns raised, it will substantially comply with all of the policies. Planner Arkell then enumerated the issues that should be addressed prior to signing of the annexation agreement, if the Commission decides to proceed with the annexation, as follows: ~ 1. That the property owners file with the Gallatin County Clerk and .,., Recorder waivers of right to protest the creation of SID's for: a)street improvements on West Babcock Street for construction of one-half a City standard collector street, including paving, curb and gutter, storm sewer and sidewalk; b) signalization and intersection realignment improvements at the West Main Street and West Babcock Street intersection; and c) improvements for the North 17th Avenue collector sewer. 2. That the property owners shall provide usable water rights or cash-in- lieu thereof, with the amount to be determined based on the comments of the Director of Public Service, unless this requirement is waived by the City commission. 3. That the developer be noticed that development of the property will require payback to the SID No. 622 account for water extension and to Harry and Kathleen Daum for sewer system hookup, prior to approval of the engineering plans for the extension of the mains into the property. 4. That the applicant shall provide a mylar map, suitable for filing, of the . annexed area which is acceptable to the Director of Public Service. Associate Planner Arkell stated that staff does support the requested annexation, particularly since City services could then be provided to any development on the site. Commissioner Stiff asked if the property will be taxpaying; the Planner indicated that the applicant will respond to that question later in the hearing. Responding to Commissioner Frost, the Planner stated that dedication of the right-of-way for West Beall Street will be addressed during the subdivision review process. Further responding to Commissioner Frost, the Planner stated she is not aware of any instance in which the Commission has waived the cash-in-lieu payment for water rights. Mr. Jeff Rupp, Director of the Human Resource Development Council, distributed copies of his testimony, verbally addressing various issues of concern as set forth in writing. He reminded .the Commission that the purpose of this annexation is to provide City services for an affordable housing project; and any requirements which involve additional costs only increase the problems in meeting their goal. He noted that the City has obtained a CDBG public facilities grant in the amount of $375,000, which will cover a substantial portion of the infrastructure costs. He then observed that one of the City's goals for this year is to address the affordable housing issue. 01-19-93 -----.. - 14 - Mr. Rupp asked for clarification of what streets would be required, and whether both West Mendenhall Street and West Beall Street are to be extended to the subject parcel. He then asked that no additional system development fees be required for this project, particularly since the CDBG monies are to be utilized to fund the infrastructure. He requested that they not be required to pay .the cash-in-lieu of water rights fee, since the project represents a long-term commitment to provide affordable housing in the community. He also requested that the paybacks to SID No. 622 and to Harry and Kathleen Daum be waived. Ms. Belinda Rinker, general counsel for HRDC, stated that the property will be owned by the land trust, which will be operated by a non-profit organization. She noted that this will ensure that affordability of the structures is maintained. She indicated that the homes will be owned by individuals; and the land trust will provide a long-term lease (probably 99 years) to those homeowners at a nominal fee. She stated that under this separation of structure and property, the structures will be subject to property taxes; however, the land probably will not since it will be held in ownership by a non-profit entity. At the Mayor Pro Tempore's request, Planner Arkell briefly responded to some of the . points raised in the testimony provided by Mr. Rupp. She stated it is anticipated that improvements to West Babcock Street would be accomplished through an extended joint SID/RID that would include residents lying along the south side of West Babcock Street as well as properties lying within a specified distance north of West Babcock Street, extending from West Main Street through Valley Unit Subdivision. She stated it is difficult to provide a cost estimate; however, HRDC would be required to participate in its proportionate share of that large district, probably based on square footage. Planner Arkell stated that West Mendenhall Street has been dedicated to the western edge of the property and that access to the site will be addressed during subdivision review. She suggested it may be possible that gravel improvements to West Mendenhall Street, as an . emergency access, could be required. She stated that until West Beall Street is extended in a westerly direction, there is no real reason to require the development of this short portion of the street. The Planner indicated that issues pertaining to storm water, water and sewer, and any requests for waivers of paybacks must be addressed by the City Engineer or the Director of Public Service. 01-1 9-93 ...--.--- - 15 - Responding to Commissioner Frost, Mr. Rupp stated the total cost of installing the water and sewer lines is projected at $560,000. He enumerated the various funding sources, which include $375,000 in CDBG monies, $60,000 from the City's CDBG Revolving Loan Fund, and $25,000 in HRDC administrative costs, leaving a balance of $70,000 to be covered. He noted that .these figures include both on-site and off-site extensions. Responding to Commissioner Knapp, the City Manager reviewed the provisions of the payback agreement with Harry and Kathleen Daum. He noted that when Main Mall was constructed, Daums funded the costs of extending the sewer main from its terminus to the Main Mall site, with the stipulation that when new ties into the line would be accompanied by a payback. He added that the City now attaches an ending date to such agreements; however, the Daum agreement is open ended. Responding to Commissioner Frost, the City Manager indicated that if the City can obtain funding assistance from the State for realignment of the intersection and installation of a signal at Main and Babcock, it might be cleaner if SID's were used to address the West Babcock Street corridor itself. . Mayor Pro Tempore Vincent stated an interest in continuing the public hearing to allow staff an opportunity to address the issues raised by the applicant. He asked if there are any other concerns or issues which the Commissioners would like staff to address. Commissioner Frost asked that the issue of waiving the cash-in-lieu payment for water rights be addressed. He noted that this is a rather unique situation; and, he would like staff input on the subject. Commissioner Stiff asked that City Attorney Luwe address the issue of a land lease, particularly since CDBG monies are to be utilized for improvements to the land which will remain in HRDC's ownership. He expressed that, hopefully, this will create no problem; but he feels it should be adequately researched before the Commission makes its decision. . Ms. Belinda Rinker stated that the Human Resource Development Council considered several different alternatives for undertaking this development, ranging from the traditional subdivision process to the lease option. She stated that the long-term lease seems to provide the most assurance that the housing will remain affordable housing as it changes hands. She indicated that this process has worked well in the east and is now being implemented in the west. She then reviewed how the process works and how a split in the appreciation of the property is determined, 01-19-93 -..-..-.--. --.-.-..... - 16 - , so that both the homeowner and the HRDC will benefit from any upward changes in the market. She went on to say that the homeowners will benefit from the additional work they may put into the home through increased valuation. She indicated that the homeowner will be provided with a table showing how much the valuation will increase for the various improvements that can be .done. so that the homeowners can calculate how much increase in equity they will enjoy at the time of sale. Responding to Commissioner Stiff, Ms. Rinker stated that each time the home is sold, the owner will be issued a 99-year lease. She insisted that this is necessary to ensure that they will be able to obtain a mortgage on their home. Mayor Pro Tempore Vincent continued the public hearing to 3:30 p.m. on Monday, January 25, 1993. Brea k - 8: 12 to 8: 17 D. m. Mayor Pro Tempore Vincent declared a break from 8:12 p.m. to 8:17 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. . ADDointment of subcommittee to review oledged securities as of December 31. 1992 City Manager Wysocki reminded the Commission that the pledged securities must be reviewed quarterly according to State statutes. Mayor Pro Tempore Vincent appointed Commissioner Knapp and Mayor Swanson to subcommittee for review of the Pledged Securities as of December 31, 1992. Continued discussion - additional fundina reauired to cover bids for renovation of Law & Justice Center City Manager Wysocki announced that at its meeting this afternoon, the County Commission rejected all bids for renovation of the Law and Justice Center. He stated that they . have also indicated their intent to revise the contract documents in an attempt to lower the cost of renovation to an acceptable level and rebid the project as soon as possible. Responding to Commissioner Frost, the City Manager stated he hopes to be involved in discussions with the County Commissioners about cuts in the project, to ensure that the City's needs are met in the remodeling process. 01-19-93 --.------- - 17 - Responding to Commissioner Knapp, the City Manager estimated that this action will probably delay the project by ninety days. He suggested that to delay the beginning of the project until next September may create some cost benefits to the governmental entities. eADDointment of Commissioner Liaison - Recreation and Parks Advisorv Board City Manager Wysocki reminded the Commission that before the Recreation and Parks Advisory Board changed its meetings to Monday night, the Commission had a liaison to that Board. He noted that the most recent Commissioner Liaison was Commissioner Frost. He stated that, at the Commission's request, the Board has changed its meetings to the first Wednesday of each month. Commissioner Frost expressed his interest in serving in that capacity again. Responding to Mayor Pro Tempore Vincent, the City Manager stated that to have one Commissioner Liaison results in better continuity than having various Commissioners attend meetings with no set pattern. It was moved by Commissioner Stiff, seconded by Commissioner Knapp, that _Commissioner Frost be appointed to serve as Commissioner Liaison to the Recreation and Parks 'W' Advisory Board. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Stiff, Commissioner Knapp, Commissioner Frost and Mayor Pro Tempore Vincent; those voting No, none. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your Information" items. (1 ) Copy of an article in the January 1993 issue of the World Monitor entitled Dear Mr. President, as submitted by Commissioner Knapp. . (2) Copy of the adult arrest statistics for various offenses for the years 1990, 1991 and 1992, as prepared by the Bozeman Police Department. (3) Agenda for the City-County Planning Board meeting to be held at 7:00 p.m. on Wednesday, January 20, 1993. (4) Agenda for the County Commission meeting which was held earlier this afternoon. 01-1 9-93 -f"'_, - . . - 18 - (5) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Wednesday, January 20, 1993. (6) Agenda for the Design Review Board meeting to be held at 4:00 p.m. on Tuesday, January 19, 1993. . (7) The City Manager submitted his weekly report, as follows. (1) Announced that the Washington Library Network system is now on line at the Bozeman Public Library. He noted that this system dramatically reduces the amount of time it takes to acquire a book on loan from another library. (2) Noted that he has sent a number of letters regarding various legislative issues. He then invited any interested Commissioners to stop by his office to review the legislation to which staff is responding. (3) Attended the Interagency Breakfast on Wednesday morning. (4) Noted that staff has conducted interviews with four applicants for the Personnel Director position. He stated that selection of a finalist is anticipated later this week. (5) Noted that the Street crews are catching up with the lack of snow the past few days. (6) Stated that on Thursday, he and County Commission Chair Jane Jelinski will coordinate the Leadership Bozeman activities, since the emphasis for the day is on local government and its activities. (7) Reminded the Commission that a Friday is Local Government Day at the Legislature. He noted that the Clerk of the Commission has ..,.., distributed a tentative agenda for the day's activities. He reminded the Commissioners of the dinner meeting with representatives from Kalispell and Missoula to discuss various issues of interest to the three municipalities. (8) Commissioner Knapp submitted the following. (1) Announced that she will attend the Transportation Coordinating Committee meeting on Wednesday morning at 10:00 a.m. (2) Announced that she will be unable to attend Local Government Day on Friday. (9) Commissioner Frost submitted the following. (1) Attended the Planning Board meeting on Tuesday evening. (2) Attended the Board of Health meeting on Wednesday morning, where the decay ordinance was discussed as well as demands being placed on the Environmental . Health section of the Health Department because of the rapid growth occurring. (3) Attended a meeting of the Bozeman Preservation Society on Thursday evening. He added that at that meeting, they reviewed a list of potential projects, ranging from Montana Hall on campus to small homes owned by low-income people who cannot afford to maintain the historic integrity of the structure. (4) Noted his intent to attend Leadership Bozeman on Thursday. (5) Stated he will attend Local Government Day in Helena on Friday. (6) Attended the Downtown Bozeman Association Board 01-1 9-93 . . , , . - 19 - meeting on Wednesday, where the transportation plan was discussed. (7) Announced that he is conducting a very non-scientific poll of how residents view the proposed use of Valley Unit special assessment funds, noting that transportation issues rise to the top, with tax relief and trails well behind. He concluded with the one recurring theme that whatever is done should be fair for all of .the community. Commissioner Stiff submitted the following. (1) Stated that he has also been (10) receiving input on use of the monies from the Valley Unit assessments, with most of that input being a little different from that reported by Commissioner Frost. (2) Noted that he attended all of the County Commission meeting today, and was quite impressed with the manner in which they addressed and resolved issues. (11 ) City Attorney Luwe stated he received a complaint about a sewer back-up today; and it has been forwarded to MMIA for review. ( 12) Clerk of the Commission Sullivan noted that she attended the Region VIII Conference for the International Institute of Municipal Clerks in Whitefish last week. ( 13) Mayor Pro Tempore Vincent submitted the following. (1) Attended the . Interagency Breakfast on Wednesday morning. (2) Announced that he will attend Local Government Day in Helena on Friday, although he will be unable to stay for the dinner meeting. (3) Stated that he went door to door in the community on Saturday. He noted surprise at the number of people who raised the Valley Unit assessment issue, and the definite need for disseminating accurate information on this complex subject. He stated the common theme of the citizen comments is that the final solution must be fair and equitable. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Commission Resolution No. 2903 - creatine SID No. 656 for the DurDose of accomDlishing the eneineerine design. construction. inSD9ction and . enaineerina certification of a 10-inch water main extension to the BurruD Annexation COMMISSION RESOLUTION NO. 2903 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING SPECIAL IMPROVEMENT DISTRICT NO. 656 FOR THE PURPOSE OF ACCOMPLISHING THE ENGINEERING DESIGN, CONSTRUCTION, INSPECTION AND ENGINEERING CERTIFICATION OF A 10-INCH WATER MAIN 01-1 9-93 ------.-...-- -.----.- --.---. - . . . I> . - 20- AND ALL NECESSARY APPURTENANCES TO SERVE ALL LOTS AND TRACTS LOCATED IN THE BURRUP ANNEXATION TO THE CITY OF BOZEMAN, MONTANA. Claims It was moved by Commissioner Knapp, 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 Knapp, Commissioner Frost, Commissioner Stiff and Mayor Pro Tempore Vincent; those voting No, none. AdJournment - 8:40 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Stiff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Stiff, Commissioner Knapp and Mayor Pro Tempore Vincent; those voting No, none. . ATTEST: ~r:I~~ R IN L. SULLIVAN . Clerk of the Commission . 01-19-93 .:::':\~; ~----