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HomeMy WebLinkAbout1992-10-19 ccm -- ~ , MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA October 19, 1992 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, October 19, 1992, at 3:30 p.m. Present were Mayor Swanson, Commissioner Frost, Commissioner Vincent, Commissioner Knapp, City Manager Wysocki, City Attorney Luwe and Clerk of the Commission Sullivan. Commissioner Stiff was absent in compliance with Section 7-3-4322(2) M.C.A. 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 13. 1992 It was moved by Commissioner Frost, seconded by Commissioner Vincent that the .minutes of the regular meeting of October 13, 1992, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. Reauest for eermission to construct softball comelex at North Grand Park - Girls' Softball Association City Manager Wysocki reminded the Commission that, included in their packets, was a memo from Recreation Superintendent Sue Harkin, dated September 16, along with a copy of the request from Mr. Herman Gonzales, Vice President of the Gallatin Valley Girls' Softball Association, a sketch of the proposed fields and attendant buildings, a letter from Ron Dingman, Parks Department, and notes from a public meeting held on August 17. He noted the requested location .is the former North Grand Park, now called Centennial Park. The City Manager then stated that he has discussed some of his concerns about this request with Park Superintendent John McNeil. He reminded the Commission that there used to be league softball at the subject location; however, the City received several complaints because of the "extracurricular adult activities" that accompanied the softball games. He then suggested 10-19-92 --.--- ~ . - 2 - that with the construction of permanent restroom facilities and with younger players, those situations should not arise again. He noted that the Association is seeking permission to construct four softball fields in the southwest quadrant of the park, noting that those fields could house 85 players at one time. He suggested that, while there are two sides of the park open for parking, this ~ could still create some parking congestion in the area; and that situation must be carefully ~ monitored, with one possible solution being the construction of additional ballfields at Westlake Park. City Manager Wysocki then noted that the sketch submitted shows three separate accessory buildings along the perimeter of the fields. He suggested that to have all of the facilities, including the concession stand and restrooms, all under one roof could provide greater efficiencies and result in having to run only one set of water and sewer service lines. The City Manager stated he has also discussed this item briefly with Mr. Gonzales, suggesting that he work with Park Superintendent McNeil to finalize the plans in a manner which is acceptable to the City. He then recommended that the Commission conceptually approve this request, so that Mr. Gonzales may proceed with his project yet this fall or early in the spring. . Mr. Herman Gonzales, Vice President of the Gallatin Valley Girls' Softball Association, stated that it is anticipated that all four fields will be used for one concurrent game each per night, probably running from 5:30 p.m. to 6:30 p.m. He noted that they currently play on Tuesdays and Thursdays; however, it could be divided so that the younger ones play on Tuesdays and Thursdays and the older ones play Mondays and Wednesdays. Responding to Mayor Swanson, the City Manager stated that the items listed as being the responsibility of the City in Mr. Gonzales' memo have probably already been cleared with the Park Superintendent. He then stated his intent to ensure that they have been, or that the list is revised to more accurately reflect the City's involvement. Responding to Commissioner Knapp, Mr. Gonzales stated that he is aware that the . Association must enter into an agreement with the City for use of these facilities located on City property. Responding to Commissioner Frost, the City Manager noted the sketch drawing does reflect only one gate on the east side of the fields. He noted, however, that the plan must be adjusted to meet the Park Department's needs, reminding the Commission that this drawing is only conceptual in nature. 10-19-92 u_._ ... ...---..-... --... ~ - 3 - Responding to Mayor Swanson, Mr. Gonzales stated that when he talked to the neighbors, only one expressed concern. He noted that concern was based on traffic and the fact that when the Softball Association used the fields, someone parked in his driveway; and he is still mad over that incident. He then stated that no one was present at the Recreation and Parks Advisory Board .meeting when this issue was discussed. Mr. Herman Gonzales then stated the Girls' Softball Association has the money to install the perimeter fence around the fields; and they hope to begin using the fields next summer. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the Commission approve the conceptual plan submitted by the Gallatin Valley Girls' Softball Association for construction of four fields at the North Grand Park (Centennial Park), authorize the Association to proceed with construction of the perimeter fence; and authorize and direct representatives of the Association to negotiate with the Park Superintendent to finalize the plans for the fields. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. .ordinance No. 1355 - amend zone "A-S" designation to "R-2". "R-3". "B-1". and "R-O" -located in Northeast ~ & Southeast ~ of Section 26. Southwest ~ of Section 25. TownshiD 1 South. Ranoe 5 East. M.P.M.. Gallatin County - Walker Property Subdivision The City Manager presented Ordinance No. 1355, as reviewed by the City Attorney, entitled: ORDINANCE NO. 1355 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE ZONING DISTRICT DESIGNATION FROM AN "A-S" (AGRICUL TURE SUBURBAN) TO AN "R-2" (RESIDENTIAL, SINGLE-FAMIL V, MEDIUM DENSITY) ON 12.441 ACRES; FROM AN "A-S" (AGRICUL TURE SUBURBAN) TO AN "R-3" (RESIDENTIAL, TWO-FAMIL V, MEDIUM-DENSITY) ON 12.103 ACRES; FROM AN "A-S" (AGRICULTURE SUBURBAN) TO A "B-1" (NEIGHBORHOOD SERVICE) ON 13.798 ACRES; AND FROM AN "A-S" (AGRICULTURE SUBURBAN) TO AN "R-O" (RESIDENTIAL--OFFICE) ON 27.101 ACRES, ALL LOCATED IN THE NORTHEAST ~ AND THE SOUTHEAST % OF SECTION 26 AND THE SOUTHWEST ~ OF SECTION 25, TOWNSHIP 1 SOUTH, . RANGE 5 EAST, MONTANA PRINCIPAL MERIDIAN, GALLATIN COUNTV , MONTANA, AND MORE COMMONL V KNOWN AS THE WALKER PROPERTV SUBDIVISION. The City Manager reminded the Commission that the public hearing on this zone map change was held on March 18, 1991, at which time they also approved the proposal. He noted, however, that the final design of the off/on ramp for the North 19th interchange has just been completed, so the legal descriptions for those zone map changes could be prepared. He stated that 10-19-92 I .. - 4 - process has been completed and the accurate descriptions forwarded to the City. He then recommended that the Commission provisionally adopt the ordinance and that it be brought back in two weeks for final adoption. It was moved by Commissioner Knapp, seconded by Commissioner Frost, that the . Commission provisionally adopt Ordinance No. 1355, amending the zoning district designation from "A-S" to "R-2", "R-3, "B-1", and "R-O" on property commonly known as the Walker Property Subdivision, located at the intersection of Highway 1 0 and Springhill Road. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Vincent and Mayor Swanson; those voting No, none. ADDointment of subcommittee to review Pledaed Securities as of SeDtember 30, 1992 City Manager Wysocki reminded the Commission that the pledged securities must be reviewed quarterly according to State statutes. It was moved by Commissioner Frost, seconded by Commissioner Vincent, that Commissioner Knapp and Mayor Swanson be appointed to the subcommittee to review the Pledged .securities as of September 30, 1992. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Vincent, 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 ) Copy of the letter from the Water Quality Bureau to Mr. Huffsmith, PRC Environmental Management, Inc., dated October 7, regarding the disposal of remediated water from the Bozeman Solvent Site through the City's Waste Water Treatment Plant. Mayor Swanson asked if the City's letter possibly had any impact on the timeliness of this . response. The City Attorney suggested that the State might have been in the process of reviewing the issue when the City's letter arrived, which may have triggered a more rapid response. (2) Copy of the tally showing that 231 tons of white goods have been removed from the City landfill this year, compared to approximately 150 tons last year. (3) Copy of a letter from Planner Skelton to Mr. Dan Kamp, dated October 1, 10-19-92 ---.--... - 5 - regarding the land use development guidelines for the Billion Auto Plaza. The City Manager noted that the City has received a letter of response from Mr. Kamp; and that letter will also be forwarded to the Commission. (4) Agenda for the County Commission meeting to be held at 1 :30 p.m. tomorrow . afternoon, along with daily minutes for the week of October 5, 1992. (5) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, October 20, at the Carnegie Building. (6) Agenda for the Design Review Board meeting to be held at 4:00 p.m. on Tuesday, October 20, at the Carnegie Building. (7) Agenda for the Board of Adjustment meeting to be held at 1 :30 p.m. on Thursday, October 22, in the Commission Room. (8) The City Manager stated that he has tentatively scheduled the meeting with Alec Hansen and the successful legislative candidates for 6:00 p.m. on Tuesday, November 17, at the Baxter. He noted that this will be a District 10 meeting, so representatives from other communities will also be invited to attend. He then suggested that, rather than discussing each of the proposed -A bills during this meeting, it would be better to select six to discuss at length, with an opportunity ~ to respond to questions of the other thirty potential pieces of legislation. (9) The City Manager then submitted his weekly report, as follows. (1) Noted that leaf pick-up will begin in the southeast sector of the community this week. (2) Attended the reception for Commissioner of Higher Education John Hutchinson last Tuesday evening. (3) Attended Interagency Breakfast on Wednesday morning. (4) Noted that right-of-way acquisition for the North 19th Avenue interchange is continuing. (5) Noted the barricades in front of the Courthouse last week, indicating that City crews were running the water line for the sprinkler system for the Courthouse. (6) Announced that he met with a District Court intern last week about the possibility of providing community service opportunities for non-violent and first-time . offenders. He noted possible areas include the monthly recycling activities and trail maintenance. (7) Noted the staff time spent on the transportation plan update following last Tuesday night's public hearing before the Planning Board. (8) Announced that staff is working on a requested SID for a water main along the East Frontage Road. (9) Noted that someone dumped red tracer dye into the City's sewer system last week. (10) Commissioner Knapp submitted the following. (1) Attended the meeting with 10-19-92 ---- , , , - 6 . Commissioner of Higher Education Hutchinson as well as the Interagency Breakfast. (2) Noted that tomorrow morning, she will attend one of the last meetings of the committee which is organizing the Night of 100 Dinners fundraiser for the Library. (11 ) Commissioner Vincent noted that he attended the meeting with Commissioner .Of Higher Education Hutchinson as well as the Interagency Breakfast. (12) City Attorney luwe stated that during the upcoming week, he will dismiss a lawsuit against Norval Simonson. He noted the case started before he came; and the settlement agreement, which was also prepared before he came, was just consummated last week. He noted that dismissal of the suit will be accomplished through release of a construction lien. ( 13) Clerk of the Commission Sullivan submitted the following. ( 1) Noted that Commissioner Stiff will be in attendance at next week's meeting. (2) Announced that her Assistant, Sharon Schumacher, has submitted her letter of resignation and will be leaving at the end of the month. (14) Mayor Swanson submitted the following. (1) Served as master of ceremonies at the trail dedication on Saturday. (2) Served as master of ceremonies for the Nature Conservancy .annual meeting. He noted that at that group, Mike Scott, Wilderness Society, and Doug Crandall, Brand S lumber, were awarded a partnership award for their unsuccessful efforts to work with the Conservancy on purchase of the Plum Creek lumber property. (3) Noted he has received a comment from a woman in Figgins Addition who has small children. She noted that the stop sign and crosswalk have benefited the entire neighborhood by creating a much safer situation; and it has also provided for better interaction between Figgins and Westfield Subdivisions. (4) Provided a brief update on the Bozeman Creek drainage study, noting the study group will receive a presentation from the State at its meeting on Friday. He noted the fascinating history of this area, which includes a town of 2,000 in the Bear Creek drainage, a fairly sizeable lumber mill and several old stills. (15) Mayor Swanson noted the number of public hearings this evening. He noted that , . the Commission must take action on the first five resolutions, which provide for assessments for the fiscal year. He requested, however, that the only action taken on the remaining five public hearings be a decision on whether or not to close the public hearing, so that all of the hearings may be conducted as expeditiously as possible. 10-19-92 ~ -- ------- . -- .---.--..-------------------- .; , , - 7 - Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Year end budget review; budget amendments for Fiscal Year 1992 Commission Resolution No. 2888 - authorizing aDDlication for Land and Water Conservation Fund assistance . COMMISSION RESOLUTION NO. 2888 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING APPLICATION FOR LAND AND WATER CONSERVATION FUND ASSISTANCE. Commission Resolution No. 2889 - refunding of outstanding liabilitv insurance bonds for MMIA COMMISSION RESOLUTION NO. 2889 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO PARTICIPATION IN POOLED SELF-INSURANCE PROGRAM; APPROVING AND AUTHORIZING THE MONTANA MUNICIPAL INSURANCE AUTHORITY TO ISSUE BONDS ON BEHALF OF THE MUNICIPALITY; TO REFUND THE OUTSTANDING LIABILITY INSURANCE BONDS ISSUED BY THE AUTHORITY ON BEHALF OF THE MUNICIPALITY; APPROVING THE DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT RELATING THERETO AND AUTHORIZING THE ISSUANCE AND COMMITTING TO EXECUTE AND DELIVER TO THE . MONT ANA MUNICIPALITY INSURANCE AUTHORITY A GENERAL OBLIGATION NOTE EVIDENCING THE MUNICIPALITY'S PROPORTIONATE SHARE OF PRINCIPAL OF AND INTEREST ON THE REFUNDING BONDS AND THE EXECUTION AND DELIVERY OF RELATED DOCUMENTS. Commission Resolution No. 2890 - refunding of outstanding workers' comDensation Drogram bonds for MMIA COMMISSION RESOLUTION NO. 2890 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO PARTICIPATION IN POOLED SELF-INSURANCE PROGRAM; APPROVING AND AUTHORIZING THE MONT ANA MUNICIPAL INSURANCE AUTHORITY TO ISSUE BONDS ON BEHALF OF THE MUNICIPALITY; TO REFUND THE OUTSTANDING WORKERS' COMPENSATION PROGRAM REVENUE BONDS ISSUED BY THE AUTHORITY ON BEHALF OF THE MUNICIPALITY; APPROVING THE DISTRIBUTION OF A PRELIMINARY . OFFICIAL STATEMENT RELATING THERETO AND AUTHORIZING THE ISSUANCE AND COMMITTING TO EXECUTE AND DELIVER TO THE MONTANA MUNICIPALITY INSURANCE AUTHORITY A GENERAL OBLIGATION NOTE EVIDENCING THE MUNICIPALITY'S PROPORTIONATE SHARE OF PRINCIPAL OF AND INTEREST ON THE REFUNDING BONDS AND THE EXECUTION AND DELIVERY OF RELATED DOCUMENTS. 10-19-92 --. -.... -., .. ,. .-.~ " , - 8 - Commission Resolution No. 2891 - sale of bonds for eooled SID bonds COMMISSION RESOLUTION NO. 2891 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO POOLED SPECIAL IMPROVEMENT DISTRICT REFUNDING BONDS, SERIES 1992 (SPECIAL IMPROVEMENT DISTRICT NOS. 591, 598, 607, . 613, 615, 632 AND 646); AUTHORIZING THE ISSUANCE AND PRIVATE NEGOTIATED SALE THEREOF. Authorize staff to eroceed with refunding bonds for seven SID's Commission Resolution No. 2892 - intent to annex 12.267-acre tract located at northwest corner of intersection of West Main Street & West CoUaae Street as reauested bv PV Enterorises: set Dublic hearina for November 16. 1992 COMMISSION RESOLUTION NO. 2892 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. Authorize City Manaaer to sian - amendment to agreement for CDBG economic . develoement loan Claims It was moved by Commissioner Frost, seconded by Commissioner Vincent, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. Recess - 4:05 D.m. Mayor Swanson declared a recess at 4:05 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings. .Reconvene - 7:00 p.m. Mayor Swanson reconveneCl the meeting at 7:00 p.m. for the purpose of conducting the scheduled public hearings. 10-19-92 ._n.... -- --... -----. , . - 9 - Public hearing - Commission Resolution No. 2883 -Ievving and assessing garbage assessments for Fiscal Year 1993 This was the time and place set for the public hearing on Commission Resolution No. 2883, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2883 '. 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 GARBAGE UNDER THE PROVISIONS OF ORDINANCE NO. 1323 OF THE CITY OF BOZEMAN MUNICIPAL CODE. Mayor Swanson opened the public hearing. City Manager Wysocki reminded the Commission that charges for the City's garbage collection system have been set up on a two-tier system, with a base assessment of $40.00 per single-family residence being placed on the special assessments in November of each year; and the individuals then purchasing tags at a cost of $.65 for 19-9allon, or up to 20-pound, tags or $.90 for 33-gallon, or up to 30-pound, tags for the garbage to be picked up. He further reminded the Commission that these rates for Fiscal Year 1992-1993 are the same as they were last year; .therefore, the cost to the City's customers should be approximately the same. No one was present to speak in support of or in opposition to the garbage assessments as set forth in this resolution. 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 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. 2883, levying and assessing the garbage .assessments for Fiscal Year 1993. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Vincent and Mayor Swanson; those voting No, none. 10-19-92 . . - 10 - Public hearing - Commission Resolution No. 2884 - levying and assessina liahting district assessments for Fiscal Year 1992 This was the time and place set for the public hearing on Commission Resolution No. 2884, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2884 . 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 reminded the Commission that the City has 25 lighting districts within its city limits, which have been created at the request of residents within specified boundaries. He stated that the assessments for Fiscal Year 1993 have been established based on the actual electrical current costs which the City paid Montana Power Company during Fiscal Year 1992. He noted that the total amount of the assessments for the 25 lighting districts is $106,920.64. . Responding to Commissioner Knapp, the City Manager stated that in most instances, service and maintenance costs are included in the costs of the lighting maintenance district; however, he noted it sometimes varies from district to district. Responding to Mayor Swanson, the City Manager suggested that any complaints about the street lights in a lighting district should be initially made to Montana Power Company. He noted that if MPC indicates they are not responsible, the individual should then contact the City administration offices. Responding to questions from Commissioner Vincent, the City Manager indicated these assessments continue year after year as long as the district remains intact. He then noted that since the assessments are based on actual costs paid to MPC by the City, there is no substantial decrease in assessments over the years. . No one was present to speak in support of or in opposition to the lighting district assessments set forth in this resolution. It was moved by Commissioner Frost, seconded by Commissioner Vincent, that the public hearing be closed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those 10-19-92 . , . ~ 11 - voting No, none. Mayor Swanson closed the public hearing. It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the Commission finally adopt Commission Resolution No. 2884, levying and assessing the lighting .district assessments for Fiscal Year 1993. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. Public hearing - Commission Resolution No. 2885 -Ievving and assessing delinauent sewer charaes for Fiscal Year 1992 , This was the time and place set for the public hearing on Commission Resolution No. 2885, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2885 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 COLLECT DELINQUENT SEWER CHARGES PLUS COSTS AND EXPENSES ... INCURRED BY THE CITY OF BOZEMAN, AS PROVIDED FOR IN SECTION 7-13- .., 4309, MONTANA CODE ANNOTATED. Mayor Swanson opened the public hearing. City Manager Wysocki stated that under this resolution, delinquent sewer charges which remained unpaid as of the end of Fiscal Year 1992 are placed on the assessment rolls, which in turn are placed on the property tax rolls if they remain unpaid. He noted that there are seven delinquent bills which will be placed on the assessments as a result of this resolution, characterizing them as being relatively small. He stated the City has made several different attempts to collect these delinquent charges, through the monthly water and sewer bills, special billings and letters. No one was present to speak in support of or in opposition to the assessments for the delinquent sewer charges for Fiscal Year 1992. . 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 Vincent and Mayor Swanson; those voting No, none. Mayor Swanson closed the public hearing. 10-19-92 ~ - 12 - It was moved by Commissioner Frost, seconded by Commissioner Vincent, that the Commission finally adopt Commission Resolution No. 2885, 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 Frost, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; .those voting No. none. Public hearing - Commission Resolution No. 2886 -Ievving and assessing delinauent snow removal charges for Fiscal Year 1992 This was the time and place set for the public hearing on Commission Resolution No. 2886, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2886 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 DEFRA Y 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 stated that under this resolution, three delinquent snow removal charges from Fiscal Year 1992 will be placed on the assessment rolls. He reminded the Commission of the City's ordinance requiring that property owners make arrangements to have snow and ice removed from the public sidewalk within a specified period of time after a snow storm. He noted that these properties have gone through the entire timeline set forth, which allows time for a property owner to remove the snow, a warning notice with a 24-hour period to respond, re-inspection by City personnel, and removal of the ice and snow by a contracted party, with the City paying those costs. He then emphasized the fact that these assessments are for work which has been completed and paid for by the City. The City Manager noted that these property owners have been billed several times for .these charges, and have chosen not to pay to date. Responding to Commissioner Vincent, the City Attorney stated that if a property owner chooses not to comply with the ordinance, and has the delinquent charges placed on the City's assessment rolls and still does not pay them, the next step is to certify the delinquencies to the County for collection as property taxes. He noted that if the property owner does not pay those 10-19-92 ------.-..--.-- .. ..--- ---.--. --.- " - 13 - taxes, the City may pursue the tax deed process after a three-year period. He further noted that other options are to wait until the property changes hands, at which time the delinquencies will be satisfied, or possibly to seek legal remedies through a lawsuit. No one was present to speak in support of or in opposition to the assessments for these . delinquent snow removal charges. 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 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. 2886, levying and assessing delinquent snow removal charges for Fiscal Year 1992. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Frost, Commissioner Vincent and Mayor Swanson; those voting No, none. ~ ~ Public hearina - Commission Resolution No. 2887 - levvina and assessina sidewalk assessments for 1991 sidewalk Droaram This was the time and place set for the public hearing on Commission Resolution No. 2887, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2887 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AN ASSESSMENT AND TAX AGAINST EACH LOT OR PARCEL OF LAND IN FRONT OF WHICH SIDEWALKS, CURBS, GUTTERS, AND ALLEY APPROACHES OR ANY COMBINATION THEREOF HAVE BEEN CONSTRUCTED UNDER ORDER OF CITY COMMISSION DATED APRIL 15, 1991, TO DEFRAY THE COST OF CONSTRUCTION OF SAID SIDEWALKS, CURBS, GUTTERS AND ALLEY APPROACHES OR ANY COMBINATION THEREOF. . Mayor Swanson opened the public hearing. City Manager Wysocki stated the construction work for the 1991 sidewalk program has just been completed and the construction costs finalized, in the amount of $133,879.78. He reminded the Commission that last year, they ordered in sidewalks along specified portions of specified streets in the community; and private property owners were given until a date certain to install the sidewalks themselves, before the City ordered in the remainder under its program. He 10-19-92 ..____.__m_.__.__ - -. --.---- I - 14 - reminded the Commission that repayment of the warrants for this sidewalk program has been set up on a five-year program. The City Manager then stated that the costs of the sidewalk installation have been billed at a rate of $2.75 per square foot for standard four-inch sidewalk and $3.20 per square foot for . the six-inch sidewalk which is required across driveways. He noted that additional costs for removal and replacement of trees and shrubs, relocation of fire hydrants, etc., are also added to the costs for that particular parcel. He then indicated that the rates for the work completed under this contract were competitive in today's market. No one was present to speak in support of or in opposition to this resolution setting the assessments for the 1991 sidewalk program. It was moved by Commissioner Frost, seconded by Commissioner Vincent, that the public hearing be closed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. Mayor Swanson closed the public hearing. ~ It was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the ,., Commission finally adopt Commission Resolution No. 2887, levying and assessing sidewalk assessments for 1991 sidewalk program. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. Public hearina - CUP for PUD - Westland Corcoration - to allow construction of new retail building and relocation of offices and retail oDeration - lot 18. Block 46. lots 16 throuah 27. Block 49. lots 1 throuah 8. Block 46. and lots 9 throuah 16. Block 46. and an irregular shaped Darcel containing 3.98 acres. Northern Pacific Addition (300 Block North Broadwav) This was the time and place set for the public hearing on the application submitted by Westland Corporation for a Conditional Use Permit for a Planned Unit Development, under . Application No. 2-92117, to allow construction of a new retail building and relocation of offices and retail operation on Lot 18, Block 46, Lots 16 through 27, Block 49, Lots 1 through 8, Block 46, and Lots 9 through 16, Block 46, and an irregular shaped parcel containing 3.98 acres located in the Northern Pacific Addition. The subject parcel is more commonly located in the 300 block of North Broadway Avenue. 10-19-92 ----.. . - 15 - Mayor Swanson opened the public hearing. The staff report was presented by Assistant Planner David Grigsby. He stated that under this application, Simkins-Hallin proposes to relocate its offices and retail operations from its present location at the corner of North Wallace Avenue and East Lamme Street to the subject site at the . corner of North Broadway Avenue and East Fridley Street. where its truss plant and some of its , storage yard are located. He noted that this includes the consolidation of all operations at one location, through the construction of a new building and facilities. Planner Grigsby stated the subject parcel is zoned M-1, Commercial--Light Manufacturing. He noted that surrounding zones includes medium-density residential to the south and west and light industrial to the north. He stated that under this application, the applicant proposes to construct a new office building fronting on North Broadway Avenue, with a large paved parking lot between it and the street. The parking lot is to be screened from the street and the residential areas by earth berms, a four-foot retaining wall and a heavily vegetated buffer strip. He noted that a sidewalk along North Broadway Avenue has been shown on the plan, although it has been designated as a future sidewalk rather than one to be immediately installed. He also noted that the .landscaPing along North Broadway Avenue does not extend far enough south to buffer all of the residences across the street from this industrial operation; and staff has recommended a condition that the landscaping be extended as far south as possible. The Assistant Planner stated that this requested planned unit development will allow the relocation of the retail store and offices from the old location to the new location, which is approximately four blocks. He noted that with the two separate buildings, there are many company vehicles and several customers' vehicles which traverse through the residential neighborhood to view products before making a purchase. He stated that this consolidation will eliminate that travel, which will benefit the residential area. He noted that in conjunction with this application, there has been some discussion of seeking a vacation of East Fridley Street from North Broadway . Avenue east to the existing truss plant; however, no formal application has been filed to date. Assistant Planner Grigsby stated that under this planned unit development, the applicant is seeking relaxation of some of the standards in the zone code, in exchange for some of the amenities provided, i.e., the heavy buffering strip along North Broadway Avenue. He stated these include a 20-foot front yard setback rather than the required 25-foot setback since this property is located immediately across the street from a residential zone. He stated that this would allow 10-19-92 " - 16 - the building to be constructed with essentially the same setback as other buildings in the area and allow for a larger parking area, which would be heavily buffered. He stated the applicant is also requesting that one of the conditions for approval of the Conditional Use Permit for the truss plant be lifted. He noted that under that condition, the parking lot for employees was to be paved, with . curbing and landscaping. He noted that only three to four employees use that parking lot; and the applicant is requesting that the parking lot remain graveled, with the stipulation that he will monitor it to ensure no dust problems arise; and if they do, he will utilize an acceptable dust control program. He noted that if the unpaved parking lot becomes a chronic problem, paving could then be required. He then stated the third issue on which the applicant is seeking relaxation is the requirement for interior landscaping for a parking lot where the distance exceeds 100 feet. He noted that in this instance, the parking lot is 140 feet long; however, with the heavy vegetative strip to be installed along the street, interior landscaping would be of no real benefit. Assistant Planner Grigsby stated the new building is to be a steel building with a dry-vit face and entry area. He stated the applicant proposes to either paint or re-side the other buildings on the site so that they match the new structure, which will greatly reduce the glare from the _existing galvanized buildings into the residential area. ., The Planner stated that traffic patterns to and from the subject site have been of major concern to the applicant, residents of the area, Planning staff and the City-County Planning Board. He noted that with the current street system, most vehicles will gain access from North Broadway Avenue, East Peach Street and possibly North Wallace Avenue. He noted that all of those streets are designated as collector streets at this time, with Main Street and North Rouse Avenue being designated as arterial streets. He stated that, while this consolidation of the existing business may create additional traffic on these streets, it will greatly reduce the traffic between the two stores, which is a substantial benefit to the area and the residential streets. The Planner stated that the Parks, Open Space and Trails Committee has reviewed this application, since the issue of trails must be addressed in the planned unit development process. .He stated that since a trail system is proposed along the old railroad track, the Committee feels that no additional trails are needed through this project. He then noted that one of the conditions for approval of this application is that one-half of East Fridley Street be constructed to a local street standard, including curb and gutter. He stated that if the applicant applies for, and receives approval of, an application for vacation of that street right-of-way, this condition will be voided. 10-19-92 - ,-- -" -.. -- ; - 17 - He also noted that the applicant will be required to install a looped system for the water mains, which should increase water pressure to the area, including the residential neighborhood. The Assistant Planner stated that the City-County Planning Board reviewed this application at its regular meeting held on October 6, 1992. He stated that after reviewing all of the ~ information submitted and the public testimony received in light of the criteria established for Wreview of conditional use permits, the Planning Board concurred in the staff's recommendation for approval, subject to 26 conditions. Mr. Dan Kamp, architect representing the applicant, stated it is the applicant's intent to consolidate his operations into one location. He noted that with the current configuration of the operation, the traffic impacts to the residential area are quite significant. He then addressed the design of the facility in relationship to the neighborhood. He noted that the main exposure of the site, which was formerly the Gallatin Farmers propane station, is to the west and the northwest, which will be heavily landscaped to minimize the view. He noted the proposed retaining wall will severely limit any visibility of parked cars; and it will also serve to create a pedestrian barrier which will encourage people to drive into the parking lot rather than parking on the street. He noted that . the landscaping will be extended as far as possible, as requested by staff. Mr. Kamp then stated he has discussed the possible vacation of East Fridley Street with the City Engineer. He noted that the Street Department has expressed concern about the proposed vacation; however, he noted that the right-of-way has already been vacated through the truss plant operation, so there is only approximately one block of right-of-way involved. He then briefly reviewed the three deviations being sought in conjunction with this application, stating that he feels they are all realistic and encouraged approval. Mr. Kamp stated he feels this project is a good example of how the system can work. He noted that the applicant and the neighbors have been willing to work together to make this a project which is acceptable to everyone. He also thanked the Planning staff for its willingness to serve as facilitator whenever necessary to ensure the success of this application. . Responding to Mayor Swanson, Mr. Kamp noted that, ultimately, the transportation plan update calls for Front Street to be looped around through the flood plain and across the railroad right-of-way, to tie into Highland Boulevard. He noted that when that becomes a reality, it could alleviate much of the traffic on the other streets. He stated, however, that he does not feel that the vacation of East Fridley Street will have any impact on that, since the portion closest to that 10-19-92 -- . . - 18 - eventual loop has already been vacated. He stated that access can be provided from the looped road system into this subject site, however, even though it is all privately owned. Further responding to the Mayor, Mr. Tom Simkins, applicant, stated he plans to retain the existing facility at the corner of North Wallace Avenue and East Lamme Street for storage of . materials for large jobs whenever necessary, noting his tendency to underestimate the amount of materials and storage needed. He stated that once the building boom is past, or if he finds the additional storage is not necessary, he will try to lease or possibly sell the old site. He noted that, since the building was constructed as a lumber yard, he recognizes that substantial remodeling will be necessary for any other type of operation. Mayor Swanson noted his interest in ensuring that the old site remains well maintained, rather than becoming an abandoned building and an eyesore in the neighborhood. Commissioner Knapp noted there railroad tracks and a spur track close to the subject property. She then asked if any consideration has been given to having some of the materials delivered by rail rather than by truck. Mr. Tom Simkins responded that he has been in contact with Montana Rail Link about the . possibility of deliveries via a spur line. He also noted that is one of the assets of this parcel. Commissioner Frost noted that in the proposal, it indicates that lighting will be for security purposes; however, he noted there are no specifics and there is no condition requiring that the lighting meet the zone code requirements. He then indicated his interest in ensuring that the lights do not create any glare or impact on the adjacent residential area. Assistant Planner Grigsby noted the applicant has indicated that the lights will be a maximum of 20 feet in height; and the luminaries are to be recessed within the hood. Commissioner Frost indicated his interest in avoiding any possible misunderstandings on this issue in the future. He then noted that the southward extension of the landscaping was not mentioned in the proposal, nor was the issue of repainting or re-siding the existing structures. He asked if these are issues that should be addressed by the City. . The Assistant Planner noted that a condition has been attached which requires the southward extension of the landscaping; however, the other issue has not been addressed as of this time. Mr. Tom Simkins noted that he has agreed to do the repainting or re-siding; and he will do so to ensure that he maintains his credibility with the neighborhood, whether the City attaches 10-19-92 -....---.--.--- ---------- : - 19 - it as a condition or not. Further responding to Commissioner Frost, Mr. Simkins stated that, while the existing Front Street in that area is not really a public street, he intends to utilize it for his truck traffic as much as possible, to minimize impacts on the residential area. . Mr. Don Bachman, 109 North Broadway Avenue, stated he generally supports this application; however, he does have a few concerns. He stated that he is not an advocate of continued industrial growth in this neighborhood, although he feels that in this instance, the consolidation of the operation will solve more problems than it will create. He noted his concurrence with some of the issues raised by the Commissioners, including the need to ensure that the existing facility does not become a blighted facility with no or very limited use. He then concurred with the suggestion that rail delivery be considered in lieu of truck delivery. He also indicated that lighting is also a concern of the neighborhood. He noted that, while security lighting is necessary, care should be taken to ensure that it is not obtrusive to the neighbors. Mr. Bachman then stated support for relief from the setback requirements, as requested, in exchange for the landscaping and berming proposed. He also stated support for the request for . relief from a center landscape island, stating that the additional parking spaces are more important, to ensure that the on-street parking remains open to casual visitors in the area. Mr. Bachman then encouraged the Commission to consider a condition requiring the installation of the sidewalk along North Broadway Avenue. He noted that during review of the recent application for variances from Mr. Joe Polus for reconstruction of the warehouse building immediately to the north, the issue of sidewalks was discussed. He then suggested that this project be considered in conjunction with that warehouse project, particularly when considering the possible request for vacation of East Fridley Street. He noted it would be beneficial to consider that issue before making the decision on this application, to avoid possible future confusion; however, he recognizes that the decision on this item should be made before that process could be . completed. He then suggested that access into the site via Front Street, as previously discussed, could alleviate much of the traffic along North Broadway Avenue. Mr. Don Bachman then addressed paving of the employee parking area. He noted one concern is dust, particularly with the number of vehicles which may be moving around the yard and the east winds which tend to blow on a frequent basis. He stated that he feels the requirement for paving has a sound basis, and asked that the Commission consider this issue, including East 10-19-92 .."- . * 20 - Fridley Street, the employee parking area and the frequently traveled ways within the development. He then stated he has a personal problem with the use of magnesium chloride, characterizing it as a highly toxic chemical that does a good job of supressing dust, but which can be extremely toxic when it lands in a waterway. He reminded the Commission that the ditch which runs through this .property has a fairly healthy flow, which runs into Rocky Creek and then into the East Gallatin River. He suggested that staff be directed to investigate this issue further, before allowing this method of dust abatement. Mr. Bachman stated that, on the whole, he feels this planned unit development will solve more problems that it will create. He noted that consolidation of the operations will greatly diminish the casual use of the residential streets by delivery trucks, fork lifts and retail customers. He then reiterated his position that, except for the concerns raised, he supports this project. Mr. Larry Hancock, 225 North Broadway Avenue, stated his support for this project. He noted that Mr. Simkins has agreed to install the additional landscaping, as discussed. He then stated he feels this application will result in lessening the impacts on the neighborhood from this operation. He then stated he does not feel that the gravel parking lots will create much of a .problem, since the buildings are located between those parking lots and North Broadway Avenue. Mr. Dan Kamp stated that magnesium chloride is the form of dust control recommended by the State Department of Fish, Wildlife and Parks for areas which are immediately adjacent to waterways. He further noted the applicant's willingness to change the form of dust abatement if that is no longer determined appropriate. He then stated that the configuration of the buildings on the site and the way the materials will be stored will serve as an effective wind break. Commissioner Frost stated he feels that sidewalks should be installed immediately. He then asked if Condition No. 11 addresses that issue adequately. Mr. Dan Kamp stated that if the sidewalk connects to other sidewalks, he feels that immediate installation would be appropriate. He noted, however, that if it is the only sidewalk in . the area and goes from nowhere to nowhere, he feels it is premature. He stated his recognition that this is an issue that the Commission may dictate. Responding to Commissioner Vincent, Mr. Kamp noted that all of the windows in the offices will have a northern exposure, so that the storage yards are readily visible. Responding to Commissioner Knapp, Mr. Simkins stated there will be no outside speakers. He noted the subject parcel contains 8.5 acres; and they have radios for everyone rather than trying 10-19*92 - 21 - to reach them through a speaker system. Mr. Dan Kamp noted that the lighting detail reflects that the luminaries are fully contained within the hood. He noted that they are similar to the lights that have recently been installed at the University; and they will be located along the front of the parking lot. He then stated these .li9hts will be less prominent than the street lights in the area. City Manager Wysocki read into the record a letter of support from Robert Lee, 2101 Fairway Drive, dated October 19; and a memo from Director of Public Service Phill Forbes, dated October 13, regarding timing of the installation of the looped water line. Assistant Planner Grigsby stated the concern raised in Director Forbes' memo is addressed in Condition No.9. Commissioner Knapp noted that Condition No.5 requires the applicant to sign a waiver of protest for the creation of SID's for a proposed truck route. She expressed concern that the Commission has not yet finalized the transportation plan, and questioned how realistic this requirement might be. Responding to Mayor Swanson, Mr. Simkins stated he does not believe anyone would .benefit from tying into the water line which he must install to provide alooped system. He noted, therefore, he probably will not be eligible for any payback. The Mayor requested that staff review the issue further, stating he feels it should be clearly addressed before finalization of this process, to avoid any possible confusion in the future. No one was present to speak in opposition to the requested conditional use permit. 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 Vincent and Mayor Swanson; those voting No, none. Mayor Swanson closed the public hearing. A decision will be forthcoming at next week's meeting. . Commissioner Vincent stated his appreciation for the work which Mr. Simkins and the neighborhood have done on this application. He noted the benefits derived from such cooperation, and the difference between this type of procedure and one which includes confrontation. 10-19-92 -... --.-. . - 22 . Break - 8:25 to 8:30 c.m. Mayor Swanson declared a break from 8:25 p.m. to 8:30 p.m., in accordance with Commission policy established at their regular meeting of March 14, 1983. .......... Public hearing - Commission Resolution No. 2878 - intent to annex 13.0-acre tract known as Parcel - A and Parcel B. located in the W%. W%. NEy... SWy.. and the E%. E%. NWy... SWy... Section 11. ~ T2S. R5E. MPM (Schrenk annexation reauest. Ivina north of Main Mall and south of West Babcock Street) This was the time and place set for the public hearing on Commission Resolution No. 2878, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2878 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 Swanson opened the public hearing. .. The staff report was presented by Senior Planner Dave Skelton. He noted that the ...... Commission has received two letters of opposition to this requested annexation, one from Mr. Richard Nellen, 16 North Western Drive, dated October 1, and one from Esther Reiter, 3006 West Babcock Street, dated October 14. The Planner reminded the Commission that they had received a comprehensive staff report on this annexation at their August 17 meeting, and briefly highlighted some of the important points of that report. He noted the subject 13.0-acre parcel is located immediately north of the Main Mall and south of West Babcock Street; and parcels lie between it and the city limits on either side. He noted that the staff report reflects the staff's responses to the eight goals and twelve policies established by the Commission under Commission Resolution No. 2716. He noted the City's desire to infill the gaps which exist within the city limits. He stated that, while this annexation request .does not fully infill a gap, it does substantially reduce one. Planner Skelton noted that the City has adequate water and sewer services to accommodate development of the subject parcel. He noted, however, that the transportation infrastructure is a problem, particularly in light of the fact that West Babcock Street is currently a below acceptable roadway. He noted that signalization of the intersection of West Main Street and 10-19-92 ......,., ---- n _. _..__..___._ ___... ., - 23 - West Babcock Street would address some of the problems, and improvements to West Main Street will also enhance the traffic network in that area; however, steps must be taken to improve West Babcock Street as well. He stated that staff feels a secondary access to the site is important; however, he noted that most of the land fronting on West Main Street in this area has already been . developed, and there is little room for an access to be provided. He suggested an alternative might be to provide a loop, possibly traversing the parcel to the east or the parcel to the west, which would access back to West Babcock Street, although that is not an ideal situation. The Planner noted that the Commission will receive two more annexation requests from this area in early 1993. Planner Skelton then stated the 1983 master plan designated this area as medium-density residential; however, the 1990 master plan does not assign any land use designation since it lies in County Zoning District NO.1. He suggested that if this parcel is annexed, the applicant should be directed to proceed immediately with a master plan amendment, to designate this area as urban residential infill. He also indicated that under the subdivision process, the issue of storm water treatment and detention must be addressed, particularly since two creeks traverse the subject site. . The Planner stated that, given the concerns about West Babcock Street, staff would like to pursue something stronger than a waiver of right to protest the creation of SID's. He noted the transportation plan designates this as an urban collector street; and it is listed as No.3 on the list of major improvements. Planner Skelton suggested that if the Commission decides to proceed with this annexation, items to be addressed in the annexation agreement should include cash-in-lieu of water rights, and waivers of right to protest improvements to West Babcock Street and signalization of the intersection of West Main Street and West Babcock Street. He also noted the staff should be directed to proceed with a master plan amendment to urban residential infill and a zone map change to R-3, medium-density residential. He noted that at the time of subdivision the issue of pay backs '. to SID No, 622 for the water line and Mr. Harry Deum for the sanitary sewer line need to be add ressed. Mr. Dan Kamp, architect representing the applicant, reviewed the staff report, forwarding his comments on many of them. He stated he feels this proposed annexation would help to reduce the size of the gap inside city limits, noting the only way the City will eliminate the gap is to take the parcels as they become available for annexation. He then noted that Goal No.7 pertains to 10-19-92 .--- . - 24 ~ protection of aesthetic values. He noted the irrigation ditch which traverses the subject parcel, noting the applicant intends to incorporate that ditch into his development plans for the site, with a trail system and open space to follow the ditch. Mr. Kamp stated a willingness to pursue the master plan amendment and zone map . change as suggested by staff. He noted the applicant estimates an eight-year development period, with ten units being developed each year. He noted that will place a gradual demand on City services, and will provide time to make needed improvements before the impacts hit. Mr. Kamp stated he recognizes the fact that West Babcock Street is below standard and must be upgraded. He suggested, however, that to allow more development, and thus more parties to share in the cost, may be a better alternative than to prohibit any additional growth in the area until the roadway is improved. Mr. Kamp -noted that the Fire Department has raised concern about its response time to this area. He then suggested that its response time to this area, which would be an infilling within the existing city limits, would be shorter than response time to an area which is currently on the outskirts of the city. . Commissioner Frost noted his big concern is a second access to the property, and asked if there might be a short-term solution to that issue. Mr. Kamp responded that, with the slow rate of growth that is anticipated, he does not feel that the immediate installation of a second access is necessary. He then suggested that in the length of time that it takes to develop this parcel, it is entirely possible that the parcels on one or both sides of this parcel may change hands, be annexed, and ready for development. He noted this could provide for a looped roadway system that would be acceptable to all parties involved. Planner Skelton stated he feels there must be a long-term access plan for the entire area developed, to adequately address the issue. Responding to Commissioner Knapp, Mr. Kamp indicated that if this parcel is not annexed, . low-density single-family residential development could occur on this 13-acre parcel. He noted that . this development would involve septic systems and wells, since City services would not be available. He then noted that the water table in this area is quite high. , Mr. Mike McKenna, 3915 Sourdough Road, stated he is a real estate agent and insurance salesman. He stated that he was asked to do a pro forma on this property to determine its feasibility in the parcel. He noted that there are no R-3 zoned lots available in town at this time, 10-19-92 -- - -- --- .. , - 25 - and only a few R-2 lots. He also noted that conversations with two different rental property businesses reflected that they receive 100 to 300 telephone calls a week looking for rentals. He noted that the master plans projects a influx of 500 people a year, while Montana Power Company records reveal 675 hookups this year. He noted that this reflects a strong need for the annexation ...A.r. of additional property and the availability of additional affordable housing in the area. ...., Mrs. JUdy Worley, 2813 West Babcock Street, stated she feels that infill must take a back street to the traffic problems on West Babcock Street. She noted development which has occurred in that area over the past few years, including Valley Unit Subdivision and Cascade Subdivision; however, she noted the roadway has not been improved to accommodate that additional traffic. Mrs. Worley described West Babcock Street as a very narrow roadway with no shoulders, and with many bikers and joggers. She also noted that traffic moves very swiftly along the road; and that includes many large trucks because of the construction that is occurring to the west. She also noted that gaining access onto West Main Street from West Babcock Street is also a real problem. She then stated that to allow this property to annex and develop to city density will only compound the problem. ~ Mr. Gary Butcher, 3017 West Babcock Street, stated he lives immediately across the .,., street from the subject site. He noted the traffic problems raised by Mrs. Worley. He also noted that several years ago, when another development was proposed, the issue of a stop light at the corner of Main and Babcock was discussed. He noted that at that time, they were informed that the slant of the road at that point is too great to install a stop light. Mr. Butcher then noted that the water table in the area is very high; and the ditch which runs through the property is quite full most of the time, to the point of overflowing onto his property. Mr. Con Yerger, 2604 West Babcock Street, asked who West Babcock Street belonged to, particularly since part of the residents along it are in the city while others are in the county. . He then stated he feels the current problems should be addressed and resolved before more traffic is allowed. Mrs. Carolyn Powell, 315 North Valley Drive, stated she has recently been appointed to the County Zoning District No.1 board. She stated that she has lived in Bozeman for twenty years; and while she has seen a lot of change along this road, she hasn't seen any change to the road. She stated it is not safe for children who are attending the new school to use this road. She 10-19-92 --- n__.' . , - 26 - then noted that with the new units which have recently been approved in Valley Unit, Cascade and the HRDC project, an additional 238 units are to be constructed; and at two trips with two vehicles per day, that is an additional 952 vehicles on a 30-year-old county road that has not been improved. . Mrs. Powell also noted the difficulty of getting onto West Main Street. She stated that she recognizes the possibility that within the next ten years, all of that area may be annexed; however, she noted that in the meantime, development will probably continue. She asked the Commission, however, to address the road issues before it allows annexation of this parcel. Mr. Ross Grubb, 18 Valley Drive, stated he has young children who ride bicycles along West Babcock Street. He then stated he feels that the street needs to be improved before any additional development is allowed to occur. Mr. Darrell Burkenpas, 124 Valley Drive, stated he has lived there for 25 years. He noted that the ditch through the property carries irrigation water, which flows north and to which some of the farmers have water rights. He noted that ditch will affect the water table on the subject parcel. He then raised the issue of traffic, suggesting that when Valley Unit was approved, the City . "missed the boat" by not requiring that they improve West Babcock Street to West Main Street. He then suggested that the street be improved before additional annexations are allowed. Mr. Dan Kamp stated he shares the same concerns as those from the area who have spoken, particularly since he lived in Valley Unit Subdivision for a period of time and drove on West Babcock Street daily. He then reminded the Commission that annexation does not mean immediate development. He stated that he does recognize that the level of development must be dependent on the infrastructure available; and both he and the property owner fully recognize the need for improvements to West Babcock Street. He suggested, however, that through annexation, this parcel could participate in those solutions. Mr. Kamp then noted the importance of providing more affordable housing in the community. He reminded the Commission that if development can occur where existing . infrastructure is available, the costs will be lower than if all of the infrastructure must be extended to a new area. He noted that in this instance, the water and sewer are available; and the developer recognizes the need to participate in improvement of the transportation network. He suggested that if large enough an area were involved in paying the costs of improving West Babcock Street, it would be a very viable project, if the City decides to utilize this method of funding. 10-19~92 " - 27 - Mr. Kamp stated that the latest information on the installation of a stop light at the intersection of West Main Street and West Babcock Street suggests that it would be possible to install one; however, reconstruction of the intersection so that West Babcock Street aligns with South 23rd Avenue has been determined the desired alternative. . City Manager Wysocki noted the question which arose during public testimony about whose road this is. He noted that part of it is the City's and part of it is the County's; and that is what creates the dilemma, particularly since the County is not interested in funding road improvements so close to the City. He also noted that in the past, Zoning District No.1 has not looked at how a subdivision might ultimately impact the City and its services. Responding to Commissioner Knapp, Planner Skelton stated that if a central, private system were installed, the Department of Health and Environmental Sciences might allow residential development on half-acre lots if this parcel were not annexed. He noted that would result in 26 houses being constructed on the subject site. He then stated this type of density is generally discouraged, since the State would prefer to see this type of development, so close to City services, on City services rather than on septic tanks and wells. . The Planner then stated that in the transportation plan update, signalization of the West Main Street/West Babcock Street/South 23rd Avenue intersection is the No. 1 priority, at an estimated cost of $528,000 for right-of-way acquisition and construction. He reminded the Commission that this is only part of the solution, with West Babcock Street still needing improvements. He then provided current traffic counts in the immediate area, noting that West Main Street generates 17,000 vehicles per day, with an estimated 27,000 in the year 2010; West Babcock Street has 1700 vehicles per day; and South 23rd Avenue generates 1600 vehicles per day. Responding to Mayor Swanson, Planner Skelton stated that people tend to use the quickest route between Point A and Point B; therefore, it is extremely difficult to get them to utilize an existing street that is not in direct line with their destination point. . Responding to the Mayor, City Manager Wysocki noted that with the steep borrow pits on either side of the road, and the fact that a portion of West Babcock Street lies in the County, it would be extremely difficult and expensive for the City to undertake a project to widen the roadway six to eight feet. He cautioned that those expenses would be in addition to the estimated $528,000 for signalization. He then noted that the West Main Street enhancement project is to 10-19-92 -...-. .--- -- --- . . . - 28 - begin within the next two years; and some discussion of including the signal has taken place. He noted, however, that no decision has been made on that issue. It was moved by Commissioner Frost, seconded by Commissioner Vincent, that the public hearing be closed. The motion carried by the following Aye and No vote: those voting Aye being . Commissioner Frost, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. Mayor Swanson closed the public hearing. A decision will be forthcoming at next week's meeting. Public hearing - Commission Resolution No. 2879 - intent to annex 287 .5-acre tract known as COS Nos. 1353 and 1353B. located in Section 31. T1 S. R6E. MPM tBridaer Creek DeveloDment reauest. lying between Story Mill Road. the East Gallatin Recreation Area and the East Gallatin River. and the City landfill) This was the time and place set for the public hearing on Commission Resolution No. 2879, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2879 . 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 Swanson opened the public hearing. The staff report was presented by Associate Planner Debbie Arkell. She reminded the Commission that a comprehensive review of the report was presented at the September 14 meeting, noting her intent to only briefly highlight it at this time. She reminded the Commission that this is a 287-acre annexation, of which 107 acres are to be developed with residential and commercial activities, with the remaining 180 acres to remain in A-S zoning and be developed as a golf course. She stated it is anticipated that development of the annexation will begin .immediatelY, with full development anticipated within ten years. She indicated that access is to be from Story Mill Road and Mcllhattan Road; therefore, an update on the traffic analysis for this project and the impacts on the intersection of Bridger Drive and Story Mill Road is determined necessary. Associate Planner Arkell stated that City sewer will be provided to the subject parcel 10-19-92 -..-- . - 29 - through installation of a main from the sewer trunk line along U.S. Highway 10, which is approximately one-half mile. She noted that the Director of Public Service has suggested that an access road to the site be provided from Manley Road, following the sewer line. The Planner then stated that water will be extended from the water main in Bridger Drive. a Planner Arkell stated that this application has been reviewed in light of the eight goals and ~ twelve policies established by the Commission. She stated that this application generally complies with those goals and policies, and is not in substantial conflict with any of the goals. She noted that through negotiation of a mutually acceptable annexation agreement, this application will not substantially conflict with any of the policies, either. Mr. Rex Easton, President of Golf Course Partners, Inc., noted this application and the proposed development of the site have been the subject of several previous discussions. He then noted that the golf course is being developed to ensure that open space is maintained; and he questioned the appropriateness of introducing east/west traffic through that area via an access road from Manley Road. He suggested the possibility of constructing a road in an alternate location that would provide additional access to the property without impacting the golf course. . Mr. Easton then provided an update on the progress of the golf course. He stated the first nine holes have been completed and grass planted; and it is anticipated that play can begin in mid- summer next year. He stated that completion of the construction of the back nine holes is anticipated next summer. Responding to Mayor Swanson, Planner Arkell stated that Director of Public Service Forbes has suggested that updating of the traffic analysis be a condition of the annexation agreement, to ensure that information is available to determine if any road improvements will be needed. Mr. Easton noted he has discussed this issue with Morrison/Maierle; and they are currently in the process of updating that information. No one was present to speak in support of or in opposition to this requested annexation; and there was no written testimony to enter into the record. . 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 and Mayor Swanson; those voting No, none. 10-19-92 t . II - 30 - Mayor Swanson closed the public hearing. A decision will be forthcoming at next week's meeting. Break - 9:42 to 9:47 p.m. ....... Mayor Swanson declared a break from 9:42 p.m. to 9:47 p.m., in accordance with . Commission policy established at their regular meeting of March 14, 1983. Public hearing - master plan amendment to change land use desianation from Business Park/Industrial and Public Open Space to Commercial- PV Enterprises - 29.8 acres located in NW%. Section 14. and NE%. Section 15. T2S. R5E. MPM (southwest corner of intersection of West Main Street and West College Street This was the time and place set for the public hearing for PV Enterprises, under Application No. P-9226, on the master plan amendment to change the land use designation from Business Park/Industrial and Public Open Space to Commercial designation on 29.8 acres located in the Northwest one-quarter of Section 14, and the Northeast one-quarter of Section 15, Township 2 South, Range 5 East, Montana Principal Meridian, more commonly located at the southwest corner of the intersection of West Main Street and West College Street. ......... .., Mayor Swanson opened the public hearing. Associate Planner Debbie Arkell gave the staff report. She reminded the Commission that since this is a master plan amendment, the County Commission must also conduct its public hearing and act upon this application. She then indicated that since the master plan amendment and the zone map change applications are so inter-connected, she will present only one staff report for both agenda items. The Planner reminded the Commission that it is in the process of considering an application for annexation of a 12-acre parcel, which is a part of the overall application for a master plan amendment and zone map change on 29.8 acres. She stated that under this application, the PV Enterprises is proposing that the land use designation be changed from business park/industrial .a..., to commercial, and that the zoning be changed from A-S, Agriculture Suburban, and PLI, Public ~ lands and Institutions, to B-2, Community Business. She then reviewed the differences between the uses allowed in a business park/industrial area and a commercial zoning district, noting they are quite minor in nature, with the major difference being the amount of open space that is required for a business park development. She further noted that commercial development could occur 10-19-92 ,r ,- - 31 - under the existing business park/industrial land use designation through a planned unit development; however, the applicant has indicated a desire to proceed with the zone map change to commercial, to make the project more attractive. Planner Arkell then reviewed the current uses surrounding the subject site, which include .PUbliC lands, open space, residential and commercial. I The Planner stated that the City-County Planning Board considered this application for master plan amendment, as well as the application for zone map change, at its regular meeting of October 6. She stated that the Planning Board reviewed the application for master plan amendment in light of the twelve criteria set forth for such review. She noted that there does not appear to be any developable B-2 property of this size within city limits at the present time. She stated there is an area of unannexed land near the new North 19th Avenue interchange which is designated for B-2 type development; however, there is no infrastructure to that area at this time. She noted there is approximately 200 acres of business park/industrial zoned land in this general area, 25 acres of which is located in the Advanced Technology Park, which is adjacent to the subject site. Planner Arkell stated it appears that this site would be the logical extension of commercial .use, since it is contiguous to existing commercial uses and across Main Street from additional commercial uses. The Planner stated that some of the major concerns evolve around traffic, traffic congestion and the impacts of this development on West College Street and West Main Street. She stated that, depending upon the amount of traffic from this development, major improvements to West College Street may be necessary. She noted, however, that the Planning Board determined that this issue can be adequately addressed at the time a plan for development is submitted for review. She noted that the Farmers' Canal will be addressed during development review. Associate Planner Arkell stated that since this site is located in the entryway corridor, any development must comply with the design objective plans which have been adopted. She noted .that this will ensure that any future development does not adversely affect this area. The Planner stated that, following its public hearing, the Planning Board voted to recommend approval of both the master plan amendment and the zone map change, contingent upon completion of the annexation process. Ms. Holly Brown, attorney representing PV Enterprises, stated that both Mr. Paul VanderJagt and Mr. Sherm Veltkamp, principals in the company, are present at this meeting. She 10-19-92 -----..----...-- -----.- - - ~ - 32 - noted that since the Commission has already received the staff report on the requested annexation and reviewed the staff report for this requested master plan amendment and zone map change, she feels they have adequate background information about the type of development which the applicant wishes to pursue. She also reminded the Commission that any development on this site . must go through the appropriate review process, at which time issues such as open space, buffering, landscaping, final design, and architectural elements will be addressed. She also noted that since the property is located within an entryway overlay corridor, it will be subject to even more stringent review criteria than the typical development. Ms. Brown then reviewed the seven criteria set forth on Page 82 of the master plan for review of zoning issues. She noted that this plan encourages flexibility and encourages review of a project in light of performance rather than location. She then noted that the subject area is conducive to commercial development, particularly since arterial roadways and City services are already in place. She noted that the property owners will work with the State Highway Department during the impending expansion project for West Main Street, in an attempt to determine the access points which will best accommodate their project. . Ms. Brown stated that the Planning staff has discussed the various options available with the applicants; and they have chosen to pursue this master plan amendment and zone map change process. She stated they are fully aware of their option to allow the current master plan land use designation to remain and utilize the planned unit development process; however, they feel this is a better process to follow. She stated that with the code requirements and various review procedures which are in place, the City can be assured that all of its concerns will be adequately addressed. Commissioner Knapp noted that one of the primary differences between development in a business park/industrial area and a commercially zoned area is the fact that 40 percent open space must be provided in a business park, while only the setback requirements need to be .Iandscaped in a commercial zone. She then asked if this had any bearing on the fact that the applicant has chosen to pursue the master plan amendment and zone map change. Ms. Brown stated the property is already split into two different zones; and the applicants felt that to zone it for the type of development they are anticipating would be appropriate. She then stated that the issue of 40 percent of open space in a business park development was not a factor in the decision to pursue commercial zoning. She noted, however, the fact that the property 10-19-92 ._-~~ -.-. -- ----.. . '" .. - 34 - not compete with mall type shops, which is what will locate in a shopping center on the edge of the community. She further noted the possibility that some condominium development may also be a part of this project, which will decrease the amount of retail area. Mr. Ray Center, Rocky Mountain Engineers, stated he feels the issue of traffic impacts can . be adequately addressed during review of a development proposal. He then noted that water and sewer lines are presently adjacent to the subject site, and extension of those lines to the property will be no problem. He then stated that the subject property has a 2-percent grade from the south to the north; and he feels that storm drainage can be easily addressed. He noted that the Farmers' Canal will be addressed during development of the site, in a manner which is acceptable to the Canal Company and the City. City Manager Wysocki read into the record the letter from Roger Craft, 715 West Koch Street, and a copy of a memo from Assistant City Manager Brey to Associate Planner Arkell, dated August 31. At Mayor Swanson's request, City Attorney Luwe reviewed the various applications before the Commission for the subject site and the order in which they must be considered. He noted that . the hearing on the annexation request will be held on November 16. He noted the Commission may defer action on this master plan amendment and the subsequent zone map change until after the hearing and decision have been made on the annexation. He stated another option would be to take action on the master plan amendment, then the zone code amendment, with both of those decisions contingent upon annexation of this parcel. No one was present to speak in support of or in opposition to the requested master plan amendment. 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 Vincent and Mayor Swanson; those voting No, none. . Mayor Swanson closed the public hearing. A decision will be forthcoming at next week's meeting. 10-19-92 . ~. r - 35 - Public hearing - zone maD chanae - PlI and A-S to B-2 - PV EnterDrises - 29.8 acres located in NW%.. Section 14. and NE%.. Section 15. T2S. R5E. MPM (southwest corner of intersection of West Main Street & West Colleqe Street) This was the time and place set for the public hearing for PV Enterprises, under Application No. Z-92109, and subject to the approval of the requested Master Plan Amendment, .under Application No. P-9226, on the zone map change from PLI and A-S to 8-2 for 29.8 acres located in the Northwest ~ of Section 14, and the Northeast ~ of Section 15, Township 2 South, Range 5 East, Montana Principal Meridian, Gallatin County, Montana, more commonly located at the southwest corner of the intersection of West Main Street and West College Street. Mayor Swanson opened the public hearing. Associate Planner Debbie Arkell reminded the Commission that her staff report for this agenda item had been submitted in conjunction with the master plan amendment for the same parcel, in the above agenda item. Ms. Holly Brown, attorney representing the applicants, requested that her remarks made in the above hearing be considered a part of this hearing as well. No one was present to speak in support of or in opposition to the requested zone map .change; and there was no written testimony to be entered into the record. It was moved by Commissioner Frost, seconded by Commissioner Vincent, that the public hearing be closed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Vincent, Commissioner Knapp and Mayor Swanson; those voting No, none. Mayor Swanson closed the public hearing. A decision will be forthcoming at next week's meeting, after the decision on the master plan amendment has been made. Commissioner Knapp suggested that the City should look at how much B-2 zoned property it has, how much it feels there should be, and where. The City Manager suggested that, in addition to those issues, the sizes of the currently . available 8-2 parcels should be considered, and the master plan desi9nations for commercial and business park/industrial areas should be reviewed. Commissioner Frost observed that the major issue or problem which arose in many of the public hearings this evening pertained to transportation. 10-19-92 ., .. .... - 36- Adjournment - 10:36 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Vincent, seconded by Commissioner Knapp, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Vincent, . Commissioner Knapp, Commissioner Frost and Mayor Swanson; those voting No, none. ATTEST: VL ;/~ ROBIN L SULLIVAN Clerk of the Commission . e 10-19-92 -.--.-.-----