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HomeMy WebLinkAbout2005-09-19 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA September 19, 2005 ***************************** The Commission of the City of Bozeman met in regular session in the Community Room, Gallatin County Courthouse, 311 West Main Street, on Monday, September 19, 2005, at 6:30 p.m. Present were Mayor Andrew Cetraro, Commissioner Jeff Krauss, Commissioner Marcia Youngman, Commissioner Steve Kirchhoff, Commissioner Lee Hietala, City ManagerChris Kukulski, Director of Public Service Debbie Arkell, Director of Finance Anna Rosenberry, Director of Public Safety Mark Tymrak, Planning Director Andy Epple, Staff Attorney Tim Cooper and City Clerk Robin Sullivan. Sianina of Notice of Special Meetina Each Commissioner in turn, signed the Notice of Special Meeting. Executive Session - litiaation strateay At 6:30 p.m., Mayor Cetraro announced that, pursuant to Section 2-3-203(4), Montana Code Annotated, the Montana Constitution and the Montana Supreme Court rulings, he, as presiding officer, has determined that discussing the strategy to be followed with respect to these litigation issues in open session would be detrimental to the City's litigating position. He then called an executive session for the purpose of discussing litigation strategies and requested that all persons except the Commissioners, City Manager, Staff Attorney and the Clerk leave the room. At 6:55 p.m., Mayor Cetraro closed the executive session and reconvened the open meeting. Break - 6:55 p.m. to 7:00 p.m. Mayor Cetraro declared a break from 6:55 p.m. to 7:00 p.m. to prepare for the regular meeting. Pledae of Alleaiance and Moment of Silence The meeting was opened with the Pledge of Allegiance and a moment of silence. Minutes - March 21, June 6, July 5, July 11, July 18. Auaust 1. Auaust 8 special. Auaust 8 work session, Auaust 15, Auaust 22, Auaust 29. September 6 and September 12. 2005 It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the minutes of the meetings of August 8 special meeting and the August 8 work session be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala and Mayor Cetraro; those voting No, none. Mayor Cetraro deferred action on the minutes of the meetings of March 21, June 6, July 5, July 11 , July 18, August 1, August 15, August 22, August 29, September 6 and September 12, 2005, to a later date. Consent Items City Manager Kukulski presented to the Commission the following Consent Items. 09-19-05 - 2 - Acknowledae receipt of staff report - annexation of :1:12 acres described as COS No. 885 - C&H Enaineerina and Surveyina. Inc.. for Roberta Moche (Iyina southwest of Boylan Road. north of Commercial Drive. and east of the East Gallatin River (A-05010) (Dave Skelton) Commission Resolution No. 3846 - intent to annex :1:12 acres described as COS No. 885 (Iyina southwest of Boylan Road, north of Commercial Drive. and east of the East Gallatin River): set public hearina for October 17, 2005 COMMISSION RESOLUTION NO. 3846 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTWITHIN THE CORPORATE LIMITS THEREOF. Authorize City Manaaer to sian - Annexation Aareement with Doualas L. Smith - 90.552 acres Ivina south of West Oak Street extended. east of Flanders Mill Road and north of Durston Road at Ferauson Road extended Commission Resolution No. 3847 - annexina 90.552 acres lying south of West Oak Street extended. east of Flanders Mill Road and north of Durston Road at Ferauson Road extended COMMISSION RESOLUTION NO. 3847 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF A CERTAIN CONTIGUOUS TRACT OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT. Ordinance No. 1650 - establishina initial municipal zonina desianation of "R-3" on 90.552 acres Iyina south of West Oak Street extended, east of Flanders Mill Road and north of Durston Road at Ferauson Road extended: provisionally adopt and brina back in two weeks for final adoption ORDINANCE NO. 1650 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP BY ESTABLISHING AN INITIAL ZONING DESIGNATION OF "R-3" (RESIDENTIAL MEDIUM DENSITY DISTRICT) ON APPROXIMATELY 88 ACRES SITUATED IN A PORTION OF THE SW% AND SE% OF SECTION 3, T2S, R5E, PMM, GALLATIN COUNTY, MONTANA. Ordinance No. 1651 - amendina the zonina desianation from "R-S" to "R-1" on 84 acres in Phase I of Baxter Meadows Subdivision: provisionally adopt and brina back in two weeks for final adoption ORDINANCE NO. 1651 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP FROM R-S (RESIDENTIAL SUBURBAN DISTRICT) TO R-1 (RESIDENTIAL-SINGLE-HOUSEHOLD, LOW-DENSITY DISTRICT) ON APPROXIMATELY 84 ACRES SITUATED IN THE SW%, SECTION 34, T1S, R5E, PMM, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. Approval of park master plan for Cattail Creek Subdivision. Phase 3 (P-05052A) 09-19-05 - 3 - Authorize Mayor to sian - Findinas of Fact and Order for Cottonwood Condos Minor Subdivision (subdivide 35.254 acres located between Ferauson Avenue. Resort Drive. West Babcock Street and Fallon Street into 3 residential lots) Approval of final plat for Thulin Minor Subdivision (subdivide :1:9.03 acres between Haggerty Lane and Interstate 90 at Ellis Street extended into one lot for future deyelopment) Approval of final plat for Bridger Center Minor Subdivision (subdivide 1.66 acres alona east side of Bridger Center Drive into four industrial lots) Approval offinal platfor West Winds Maior Subdivision. Phases 1A and 1 B (create 39 sinale-household. 18 townhouse and 3 multi-household lots on property located between West Oak Street extended, North 27th Avenue extended, Baxter lane and Fowler Lane extended) Approval of final plat for Baxter Meadows Subdivision. Phases 2C and 2D (subdivide 22 acres Iyina north of Eauestrian lane and east of Vaauero Parkwav into 72 sinale-household. 4 multi-household and 5 park parcels) Authorize City Manaaer to sian - Joint Fundina Aareement for Water Resources Investiaations (for continuation of aaaina surface water on East Gallatin River below Bridaer Creek) Authorize City Manaaer to sian - letter to Montana Department of Environmental Quality re proposed surcharae for non-site related administrative expenses Authorize expenditure of $2.161.78 as partial reimbursement for costs billed by the State of Montana Department of Environmental Quality for the Bozeman Solvent Site for the period from October 1. 2004 throuah December 31. 2004 Authorize City Manaaer to sian - (a) Purchase Aareement with Emil Anderson - 45- foot-wide strip alona south end of parcel on Film 87. Paae 1894: (b) Acceptance of Quit Claim Deed for 45-foot by 165.2-foot strip alona south end of Film 87. Paae 1894: and (c) Acceptance of Tern porarv Access Easement and Aareement for 25-foot.wide strip alona south end of Film 87, Paae 1894 (Parcel No. 1 for Durston Road proiect) Acknowledae receipt of petition for creation of special improvement Iiahtina district in Baxter Sauare Subdivision: refer to staff Authorize City Manaaer to enter into proposed settlement aareement with Williams Plumbina and Heatina for North Rouse Avenue sewer improvement proiect Reiect all bids for solid waste transfer station Claims It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, 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 Youngman, Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss and Mayor Cetraro; those voting No, none. Public comment Ms. Jane Shaw Stroup, 9 West Arnold Street, expressed support for Tracy Velazquez' proposal that the City decline the $4 million federal appropriation for the new parking garage for use in the recovery from Hurricane Katrina. She also proposed that the City decline the $1.125 million for the library. She stressed that the costs of humanitarian services and rehabilitation from the storm are very high, with a majority of 09-19-05 -- ----- - 4 - those costs being borne by the federal government and she finds accepting special project pork is inappropriate. She concluded by stating this is a non-partisan issue that is supported by politicians from both sides. Mr. Bob Dehlendorf, 1006 West Main Street, distributed copies of an editorial from the New York Times regarding this issue. He then noted that the suggestion that the monies be returned has snowballed in the past few days, with Senator McCain of Arizona stating he feels Congress should withdraw its approval of all pork funding associated with the transportation bill. He proposed that if the City of Bozeman were to take the lead and act favorably on the proposal that has been submitted, it could become a major factor on the whole issue. Responding to Commissioner Kirchhoff, the City Manager stated this issue has been scheduled for discussion at next week's meeting. Proposed 25-percent increase in aarbaae collection fees. effective on the October 1. 2005. billina This was the time and place set for further consideration of the proposed 25-percent increase in garbage collection fees. Included in the Commissioners' packets was a memo from Director of Finance Anna Rosenberry, forwarding staff's recommendation. Also included in the packet was a copy of the information from the July 18 meeting packet, when this issue was previously considered. Director of Finance Rosenberry reminded the Commissioners that staff had previously proposed a 27-percent increase in garbage collection fees. Action on that proposed increase was delayed at the July 18 meeting, pending a decision on the future of solid waste collection. Based on last week's decision to pursue direct haul to Logan, staff reviewed the costs and determined a 25-percent increase would cover the costs of that option. She stated that staff will be undertaking efficiency measures to minimize overtime and trips to Logan, including the acquisition of front load trucks. She then indicated that, in addition to the information provided in the packets, staff is recommending an increase in the pull fee for roll-off trailers to $172.22. Responding to Commissioner Krauss, Solid Waste Superintendent Mark Kottwitz stated that collection trucks did direct haul to Logan this past week and, based on the time it took to make the round trip and the fuel consumption, the proposed fees will allow the City to cover the costs. He noted that the trucks get 3 miles per gallon and, with a change in routing and employee schedules to provide for four ten- hour days and the more efficient trips to Logan, the haul costs can be reduced. He indicated that the budget was constructed around increasing fuel costs and he is confident that it is adequate to cover the costs. Responding to Commissioner Hietala, the Superintendent stated that all construction materials and municipal solid waste will go to the Logan landfill as soon as the new program has been established. He then stated that the roll-offs for recyclables, such as hard wood, sawdust and brush, will be subject to a lower fee than other roll-offs because of the shorter distance to the City landfill. No public comment was received on the proposed increase in solid waste collection fees. It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that staff be directed to bring back a resolution enacting a 25-percent increase in solid waste collection fees for Commission consideration. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, Commissioner Youngman and Mayor Cetraro; those voting No, none. Annexation of 13.225 acres Iyina at southeast corner of intersection of Durston Road and Fowler Avenue extended - Greenwina Teal, LLC. for William and lois lYdens (A-05007) This was the time and place set for the continued public hearing on the intent to annex 13.225 acres described as Tract 8 less the west 165 feet, Smith Subdivision, and the unplatted tract referenced in Deed Book 155, Pages 56-57, as requested by Greenwing Teal, LLC, for William and Lois Lydens under 09-19-05 - 5 - Application No. A-05007. The subject property lies along the east side of Fowler Avenue extended and the south side of Durston Road. Included in the Commissioners' packets was additional information on the extension of Fowler Avenue. Also included in the packets was a copy of the information from the August 15 packet, when this issue was previously considered. Public hearing Mayor Cetraro reopened the continued public hearing. Associate Planner Jami Morris presented the staff report. She reminded the Commission that this public hearing was continued from the August 15 meeting to allow an opportunity for a neighborhood informational meeting. She noted the subject 13-acre parcel is located along the south side of Durston Road, along the Fowler Avenue alignment. That alignment has resulted in concerns being voiced about the loss of mature trees, impacts on the ditch alignment, the potential for filling of the ponds, the need for a north/south trail link, and homes backing onto a five-lane road. She showed several pictures of the existing area and the stakes reflecting the street alignment. Responding to Commissioner Kirchhoff, Planner Morris stated that there is considerable vegetation along the road alignment. She then noted that in the West Winds Subdivision, one of the conditions is the requirement to leave the ditch open and to preserve the vegetation. She then noted that, as a result of mapping and staking of the back-of-curb alignment, staff has found four of the eleven stakes are outside the vegetation line; the other seven would impact the trees. Project Engineer Bob Murray noted that, while the primary focus is that portion of Fowler Avenue lying between West Babcock Street and Durston Road, other sections of the roadway must also be laid out and considered. He stated that Fowler Avenue between Huffine Lane and West Babcock Street has been centered on the section line, and existing development along that corridor and at the southeast corner of the intersection of Fowler Avenue and West Babcock Street precludes any adjustment of that alignment. Likewise, he noted that those tracts lying along the alignment between Durston Road and West Oak Street are long and narrow, and any realignment of the roadway would encumber those parcels to the extent that they could potentially become undevelopable. He then stated the ditch is located significantly east of the section line and will need to be relocated to accommodate the proposed road section. Project Engineer Murray reviewed several options for alignment of the road, identifying the pros and cons of each and identifying the impacts that each street section and alignment would have on the ditch, vegetation and development of the subject property. He stated that Fowler Avenue is designated as a minor arterial in the Greater Bozeman Area Transportation Plan, 2001 Update, and that triggers the requirement for 100 feet of right-of-way. He noted that the code requires a 300-foot offset on arterials and collectors, and that amount of space is not available; thus, the alignment must remain intact at the West Babcock Street and Durston Road intersections. He acknowledged that the alignment could be transitioned through the use of S curves to preserve as much of the vegetation and ditch alignment as possible. He noted that one of the options would allow for housing of the ditch and many of the trees in a center median. Project Engineer Bob Murray stressed that, no matter which road design is selected, this developer will be required to construct only one-half of the street, thus allowing two-way traffic adjacent to this development. Project Engineer Murray stated staffs preferred alternative is for a five-lane facility centered on the section line. This option requires relocation of the ditch and removal of a majority of the trees and can be accommodated within the 100-foot-wide right-of-way. Associate Planner Morris stated that three letters have been received regarding this application. She then concluded byforwarding staffs recommendation for approval of the requested annexation, subject to ten items being addressed prior to or in conjunction with the annexation agreement, as reflected in the staff report. Mr. Neal Ainsworth, applicant, stated that they have worked with the City and the surrounding neighborhoods in an attempt to reach a project that will be mutually beneficial. He recognized the need for 09-19-05 - 6 - a north/south arterial in this area and stated a willingness to work with staff in identifying the appropriate street alignment and design. Mr. Chris Budeski, consulting engineer representing the applicants, stated the road is an extremely important issue, since its design determines the amount of right-of-way needed. He then encouraged Commission approval of this annexation and expressed a willingness to respond to questions. Mr. Steve Hoffman, 3425 Broadwater Avenue, stated he is trained in wildlife management. His family enjoys walking and bicycling and is frustrated with the lack of facilities in this area. He forwarded the neighborhood's proposal that a 60-foot-wide right-of-way dedication be required in conjunction with this annexation to allow for a linear trail with pedestrian and bicycle facilities in addition to the street corridor. He proposed that only 50 feet of the right-of-way be used for street with the remaining 60 feet being set aside for a linear park that protects the ditch and vegetation and provides an attractive pedestrian and bicycle facility that connects parks, schools and shopping. He stated this proposal is supported by a variety of entities, including the City's Recreation and Parks Advisory Board, Beautification Advisory Board, Bozeman Area Bicycle Advisory Board and Gallatin Valley Land Trust. Mr. Clint Litle, 306 Sheridan, distributed copies of a proposed alternative street section. He feels that infill is important in the community and, as a result, supports this application. He then voiced concern about the lack of a trail system in this portion of the community, particularly since it requires all pedestrians and bicyclists, including small children, to use a road system that is friendly to neither pedestrians nor bicyclists. He sees this project as an opportunity to construct a minor arterial and a parallel linear park with paved trail. He stressed that this trail, when extended through adjacent parcels, will provide connectivity between the Bozeman Ponds and the regional park. He suggested that the space for the trail can be achieved by eliminating the center median. He concluded by voicing his support for a two, three or four-lane facility, but not the five-lane road recommended by staff. Ms. Martie Stewart, 3303 Bitterroot Way, voiced support for a straight alignment of Fowler Avenue, with three or four lanes but not five lanes. She asked that an "R-1" zoning be established with the requirement for 7,500 to 1 O,OOO-square-foot lots behind Valley Drive to minimize negative impacts on those large lots. She acknowledged that the trees lost with the road construction will be missed, but noted they can be replaced. She then stated the trail system sounds like a good idea, but questioned who will fund its development and maintenance. Mr. Chris Terfloth, 301 Stillwater Avenue, noted that a ten-acre parcel between Ravalli Street and West Babcock Street has been set aside for a school, and safe travel to that site must be considered. He stated a five-lane street is not needed; rather, three or four lanes would be adequate. He then proposed an alignment with S curves, noting that will help discourage high speeds. Ms. Shelly Engler, 2436 Snapdragon Street, stated she had the opportunity to walk the site this afternoon and look at the trees. She stressed the value of these trees within the urban forest, noting that steps should be taken to retain the existing vegetation. She noted that her son rides his bike and has found that, with the existing system, he "can't get there from here". She concluded by asking that the Commission take steps to preserve the waterway and vegetation and to provide for trail connectivity in the area. Mr. Mike Whaley, 211 Sweetgrass Avenue, stated he has been a resident of Bozeman for ten years and is currently working as an engineer for one of the five largest firms in the world. He voiced concern that if Fowler Avenue is constructed as proposed by staff, the result will be the destruction of a mature grove and stream forever. He further noted that a five-lane road is not needed through a residential area, and asked that the City seriously consider taking steps to provide a 1 /'2-mile 60-foot-wide linear trail along the west side of the old growth trees along the entire length of Fowler Avenue between Huffine Lane and West Oak Street. Ms. Betsy Fordyce, 207 Sweetgrass Avenue, voiced support for the requested annexation with a 60-foot-wide right-of-way for a linear park to connect the ponds to the regional park. She recognized that Bozeman is growing faster than anyone had predicted and the resulting need for north/south arteries; however, she stressed it is also important to encourage alternative forms of transportation. She quoted from the Greater Bozeman Area Transportation Plan, 2001 Update, which states a trail network must be planned with as much detail as the road network, saving irrigation ditches and trees where possible. She stated that, at the present time, she must drive to the south side of town to hike because no trail system is available near her home. She concluded by stating that providing for a connected trail system will allow those who 09-19-05 - 7 - live in this area to walk or bicycle to the MSU campus rather than driving cars. She asked the Commission to consider all of those who support the proposed linear trail as they act on this annexation. Ms. Denise Montgomery, 173 Sweetgrass Avenue, noted she has lived in this area since 1990, choosing to remain in Bozeman, in part, because of its small habitats, riparian areas and areas for wildlife. She expressed concern that loss of the stream and trees in this area would be a loss to the entire community. She finds a multi-lane facility is not needed; rather, she supports a two-lane roadway with a 60-foot-wide linear park. She concluded by encouraging the Commissioners to protect the natural amenities of this area as the street and the subject property are developed. Mr. Michael Cole, 302 Sweetgrass Avenue, expressed his support for providing adequate transportation facilities; and in this instance, he finds the proposed five-lane facility is a bad one that will destroy the character of the area, including the pond, the stream and the trees. This is a golden opportunity to provide a meaningful trail connection. He concluded by encouraging the Commission to embrace flexibility and not just accept the five-lane option offered by staff. Mr. Stephen Hunts, 208 Teton Avenue, noted that Bozeman has long prided itself on the quality of life provided its citizens, and stressed that urbanization and infill in the core area should not penalize those who have chosen to reside in town. He stated that progressive planning ideals embrace parks and green space as well as providing alternative transportation facilities, including bike and walking paths. He further noted that Bozeman's 2020 Community Plan shows a trail through this neighborhood, connecting to the regional park and interconnecting with the rest of the trail system. The plan also identifies the northwest area as one of the twelve areas in the community with limited access, and providing for a linear trail along this segment of the road will help to address that deficiency. He concluded by stating a smaller street section is also preferable, noting this does not need to become another corridor like North 19th Avenue. Ms. Harriet Tamminga stated her son and daughter own the property under consideration for annexation and zoning. She is sympathetic to the desires of the neighbors. She noted, however, that when the property was purchased in 1994, both the seller and the buyers expected the extension of Fowler Avenue, and it is her understanding that an easement was in place from the Valley Unit Subdivision. She recognized that loss of the existing home and greenery is the unavoidable result of the extension of Fowler Avenue to carry the increased traffic. She indicated that development of this site makes sense because it is infill development of a vacant site surrounded by development. She stated the continued growth of the city and development of this site justify the extension of Fowler Avenue, and it is important to properly construct that roadway. She concluded by asking who would be asked to pay for the desirable improvements, such as the linear park and pathway proposed by the area residents. Mr. Phil Owsley, 150 Sweetgrass Avenue, stated he enjoys the trails on the south side of town, such as the Sourdough Trail with its trees and streams, noting that there are no quality trails in the northwest quadrant of the community trails. In fact, he characterized the trails in this area as "disjointed trails to nowhere". He noted that the northwest segment of the community has the highest density housing and he is concerned about the additional impacts that a five-lane road would have on it. He encouraged the Commission to recognize the potential for the area, with the Bozeman Ponds bordered by 100-year-old cottonwoods and the 100-year-old irrigation ditch that no longer looks like a ditch and has water flowing through it and is bordered by willows and cottonwoods. He noted that the Greater Bozeman Area Transportation Plan, 2001 Update identifies irrigation ditches and stream drainages as good trail corridors and suggested that a trail adjacent to Fowler Avenue could rival the sourdough Trail and lessen automobile use and congestion. He concluded by stating a five-lane road would not be a pleasing facility in this area and asked that the Commission give favorable consideration to the neighborhood's proposal. Ms. Terry Quatraro, Chair of the Beautification Advisory Board, stressed the fact that the beauty of the area and the trees are what attract many people to Bozeman. She encouraged the Commissioners to not consider a five-lane roadway, but to approve a two-lane or possibly three-lane facility instead. She noted that a road that does not run straight but that provides a more aesthetic setting is possible and asked the Commissioners to provide that option. She then reminded the Commissioners that the Beautification Advisory Board worked for over twelve years to get trees planted back on North 7th Avenue, an example of taking 35 years to add trees to a corridor that had been devoided of them. She concluded by asking the Commissioners to consider the residents in the area and to protect the natural environment to the greatest extent possible. 09-19-05 - 8 - Ms. Pat Simmons, 1223 Woodland Avenue, stated she is totally opposed to a five-land roadway and destruction of the habitat. She noted that MSU recently destroyed 35 mature trees, which has resulted in the loss of a huge investment. Mr. Ted Lang, Executive Director of the Gallatin Valley Land Trust, distributed copies of a map showing the fragmented trail system in the northwest quadrant of the community. He noted that an east/west connection along West College Street and Huffine Lane is being undertaken at this time, and a north/south connection to that trail would provide an efficient and safe alternative path. He further noted that connecting the Bozeman Ponds and the regional park is important. He indicated that the testimony tonight reflects a coalescing of the neighborhood and encouraged the Commission to give those citizens an opportunity to work toward their vision of saving the trees and ditch. Ms. Sara Doshier, 3303 Fallon Street, voiced concern about speed on a five-lane roadway and the impact that will have on the safety of pedestrians. She encouraged the Commissioners to consider an alternative that provides a pedestrian-friendly facility with sufficient green space. Mr. James Mason, 206 Sweetgrass Avenue, noted the vision for Bozeman in the 2020 Community Plan is "the most livable place". He suggested that the 3-lane street proposed by the neighborhood is preferable to the 5-lane street proposed by the City. He noted the three-lane facility is rated to handle 18,000 vehicles per day; traffic projections for Fowler Avenue are for 12,000 to 15,000 vehicles. He recognized that engineers are more concerned about moving traffic than the quality of life, citing Kings Avenue West in Billings as an example of a street that moves traffic but along which no one lives. He stated that what the neighbors are envisioning is extending the trail that will run from MSU to the Bozeman Ponds to the regional park. He encouraged the Commissioners to recognize that this continuation will connect Montana State University, shopping, parks, neighborhoods and businesses on West Oak Street, providing a way for people to safely bicycle and walk. He recognized that the proposed street alignment will require more than the standard street right-of-way and asked the Commission to request 60 feet rather than the proposed 50 feet, thus allowing an instant beautiful park with trees and a stream. He quoted from a 1970s song "don't know what you got until it's gone". Ms. Bonnie Hash, 1204 North 9th Avenue, noted there was one cottonwood tree on the year round stream across from their home when it was built in 1960, and there are now more than a dozen. She expressed concern about the proposed 5-lane configuration for Fowler Avenue and the hazardous situations that can result for pedestrians and particularly children. She then stated her preference for a two-lane facility with bicycle lanes, preserving the trees and stream that provide habitat for birds, ducks and deer. Mr. Shane Metoliac stated that he has enjoyed countless birds and a bear while living in Bozeman for the past six years, and has recently lost his view of the Bridgers due to construction to the east. He feels a 5-lane facility is unnecessary in this area. He then noted that, as an avid bicyclist, he has had to deal with obnoxious drivers and hazards along bike lanes, stressing that a separated trail is much safer. Mr. Scott Savage, 301 North Valley Drive, encouraged the Commissioners to zone the entire parcel "R-1", noting that "R-3" is a poor match for the existing neighborhood. He also encouraged the Commissioners to take advantage of the unique opportunity to create a linear park path to connect the pond, shopping, MSU and schools. He noted that with the current trail system in the northwest quadrant, one can take a stroll but not move through the community. He observed that the testimony reflects a unanimous tone and the fact that this is not a divisive issue and encouraged the Commission to request that staff come up with more options for the street alignment that include bike and pedestrian facilities. Mr. Brad French, 3325 West Babcock Street, stated he owns the property to the south of the parcel under consideration. While he recognizes the need for extension of Fowler Avenue, he is not excited about a five-lane road running by his home. He further noted that his parcel is narrower than the Lydens parcel, and requiring more than a 50-foot street dedication could have a serious adverse effect on his development potential. Ms. Judy McHann, 202 Sweetgrass, expressed her support for the comments of the previous speakers. She noted the transportation plan calls for trails that offer a human scale place free from traffic and asked that such a facility be provided in conjunction with the street improvements for Fowler Avenue. Ms. Deb Stober, 395 Valley Drive, submitted written testimony from Kelly and Julie Frank, 6 Sweetgrass Avenue. She then expressed her appreciation for the City's efforts to conduct informational 09-1 9-05 - 9 - meetings and to exceed the requirements for considering annexation and zoning applications. She asked that, in conjunction with the annexation, the applicant be required to provide a 1 O-foot-wide utility easement along the Valley Drive side of the project, to abut the 20-foot easement required for those properties along Valley Drive. Ms. Stober requested that the City establish an "R-1" zoning designation for the entire parcel, particularly since it is located between the 21,000-square-foot lots along Valley Drive and the 10,000- square-foot lots along Sweetgrass Avenue. She also asked that Fowler Avenue be no more than three lanes and that the trees be preserved if at all possible. She concluded by noting that her home business is a sound business which is negatively impacted by outside noises and requested that steps be taken during construction on this parcel which will allow her business to continue operating. Mr. Stan McHann, 202 Sweetgrass Avenue, encouraged the Commission to be creative and practice good conservation when acting on this application. Ms. Karen Robinson noted that after ten years of living in Bozeman, she has just been able to purchase a condominium in the West Park Condominium project at the corner of Fallon Street and Fowler Avenue. She noted that her son, Thane Richards, served as a student representative on the Recreation and Parks Advisory Board for two years, and his bedroom window now overlooks the Bozeman Ponds. She voiced concern that a five-lane road adjacent to her home would adversely affect her life as well as the other residences along the road, the ponds and surrounding park and the trees. Mr. Ted Turner, 814 South Willson Avenue, noted that the extension of Fowler Avenue from Hyalite Road to Huffine Lane would reduce the impacts on South Willson Avenue; however, he stated a "five-lane raceway" makes no sense. He noted that South Willson Avenue currently carries over 10,000 vehicles per day on its two lanes and encouraged the Commission to give favorable consideration to the two or three- lane format being requested by area residents. Mr. Bob Davis, Chair of the Farmers Canal Company, reminded the Commission that the main canal, which runs through the City is controlled by the company although the City does do some maintenance on it. He stated that the canal company's main concerns revolve around liability and maintenance and, as a result, the company is encouraging that the ditch be placed in a four-foot tube through new developments. He then stressed that this is a ditch with its water flow being controlled by man and indicated that water typically flows through it for only a few months a year since it serves as one of three blow-offs for the company. He concluded by expressing an interest in working with the developer to ensure the canal is appropriately accommodated during development of the site. Break - 8:50 to 8:55 p.m. Mayor Cetraro declared a break from 8:50 p.m. to 8:55 p.m., in accordance with Commission policy. Annexation of 13.225 acres Iyina at southeast corner of intersection of Durston Road and Fowler Avenue extended (continued) - Greenwina Teal, llC for William and lois lvdens (A-050071 Mr. Chris Budeski recognized the importance of ensuring that impacts on adjacent properties is minimized to the greatest extent possible. He reminded the Commission that the applicant will be required to construct only one-half of the roadway adjacent to the subject property in conjunction with development; therefore, the entire Fowler Avenue extension will probably not occur until development of additional properties, including the French's property to the south, is undertaken. He stated that the additional 1 O-foot right-of-way dedication would cost $133,000 in the sale of land for this development because of the reduced lot sizes, which is a substantial impact. He cautioned that the subject property is just wide enough to accommodate three rows of 200-foot-deep lots; and taking an additional ten feet off the width of the parcel could negatively impact that configuration. He also questioned who would be required to fund development and maintenance of the proposed trail system. Mr. Budeski noted there are currently a couple end users on the irrigation ditch, so maintaining that ditch and its flow is important. He turned his attention to the issue of utility easements, noting that the utility companies typically request that those easements be provided along the streets rather than the back of the lots. 09-19-05 - 10- Responding to Commissioner Krauss, Mr. Budeski confirmed that the applicants would like to use the pond as an amenity for the parkland around it; however, requiring additional right-of-way for the street could negatively impact those plans. He then indicated that the section line is the boundary of the subject parcel, with most of the irrigation ditch being located on the property. Further responding to questions from Commissioner Krauss, Project Engineer Bob Murray stated that, no matter what road section is constructed within the right-of-way, it will impact the existing trees unless the street alignment is adjusted. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision Responding to Mayor Cetraro, Director of Public Service Debbie Arkell stated that the Annexation Agreement identifies the amount of right-of-way needed for the street design; and a street easement is required until the plat is filed and the right-of-way dedicated. Responding to Commissioner Kirchhoff, Project Engineer Bob Murray stated that constructing the street at the local street standard in a 37 -foot-wide format could allow for relocation of a portion of the ditch and saving most of the trees. He stated, however, that constructing the road to the arterial standard in the transportation plan, with a 50-foot width, could allow for three or four lanes without any reconstruction but would result in loss of the trees. Commissioner Kirchhoff stressed the importance of ensuring that Fowler Avenue is designed as a minor arterial, noting that if steps can be taken to preserve the existing habitat and provide for a shared bicycle and pedestrian facility, he could support it. He recognized that the information provided at this meeting does not accommodate "having it all" and questioned if that is possible. Project Engineer Bob Murray stated that accommodating the desire to "have it all" will result in either an adjustment in the design or shifting the road to the east. He recognized that providing a wider boulevard could also help to preserve some of the trees. Responding to Commissioner Hietala, Project Engineer Murray stated that a 55-toot-wide right-ot- way would allow for only a 37-foot-wide pavement section, which does not meet the street standards for minor arterials. Commissioner Krauss recognized the need for City staff to recommeno construction of streets meeting the standards in the Greater Bozeman Area Transportation Plan, 2001 Update; however, he suggested that the Commissioners are not expected to blindly follow the plan. In this instance he finds it essential to do something more creative that reflects the infill nature of the development and the desire for multiple transportation options. Commissioner Kirchhoff suggested that the Commissioners identify the type of street section desired and then let staff come back with a cross section of that roadway. Mayor Cetraro stressed the importance of identifying the width of right-of-way needed at this time, so the applicant can proceed with annexation of the property. Commissioner Youngman noted that this section of roadway will be heavily used, since it will cross Huffine Lane and join with South 19th Avenue. She stated it is important to obtain the typical right-of-way initially and suggested that the alignment of the road be shifted ten feet to the east to save as many of the trees as possible. Project Engineer Bob Murray suggested that the Commission request 60 feet of right-of-way in conjunction with the annexation, noting it is an easement at this time. If, during the subdivision process, it is determined the 60-foot right-of-way is not needed, the additional width could be dedicated as parkland. Commissioner Krauss voiced his support for that option, noting that parkland dedication around the pond is less important to him than minimizing the impacts of constructing a road on the existing ditch and trees. He then indicated his support for a bicycle and pedestrian trail along the waterway, noting that this portion of the community deserves such an amenity. 09-19-05 - 11 - It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that staff be directed to bring back an annexation agreement addressing the following items for Commission consideration. 1. The Annexation Agreement, which addresses all terms placed on the annexation application by the City Commission, shall be returned to the City of Bozeman Planning and Community Development Department within one year of a City Commission decision to annex the property, or annexation approval shall be null and void. 2. The applicant shall submit an annexation map with a legal description of the property and any improvements on the property. The map must be supplied on a mylar (18-inch by 24-inch) for City records, one (1) digital copy on a double-sided, high density floppy disk or compact disk and on either letter or legal size paper for recording with the Annexation Agreement by the Gallatin County Clerk and Recorder. 3. That the applicant execute at the Gallatin County Clerk & Recorder's Office a waiver of right-to-protest creation of SIDs for a City-wide Park Maintenance District, which would provide a mechanism for the fair and equitable assessment of maintenance costs for City parks as part of the Annexation Agreement. 4. That provisions for water rights or cash in-lieu of water rights in an amount determined by the Director of Public Service be provided in the Annexation Agreement whereby it is executed by the land owner prior to final subdivision plat approval, final site plan approval, or issuance of any building permits, whichever comes first, priorto the City Commission adopting the Resolution of Annexation and accepting the Annexation Agreement. 5. Impact fees for the existing residence shall be paid with the submittal of a final plat, final site plan, building permit or connection to the municipal sewer and water systems, whichever occurs first, unless the dwelling unit is demolished or moved. 6. The landowner understands and agrees that to achieve the goals and objectives set forth in the Bozeman 2020 Community Plan, any contiguous parks, open space, and/or trails shall be extended to the annexed property, and a Master Plan of said parks, open space and trails shall be provided with the signed annexation agreement. 7. The landowner acknowledges and agrees that future development will comply with the goals and policies of the Bozeman 2020 Community Plan, and having recognized the City's concern for implementation of progressive urban design guidelines outlined in the Bozeman 2020 Community Plan for both community and neighborhood design, a Master Plan of the land use patterns and types for development of the property that addresses compatibility with and sensitivity to the immediate environment of the site and the adjacent neighborhoods relative to architectural design, building mass and height, neighborhood identity, landscaping, historical character, orientation of buildings, and visual integration shall be provided with the signed annexation agreement. 8. Applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of SIDs for the following: a. Street improvements including paving, curb/gutter, sidewalk and storm drainage facilities for the following streets: 1. Durston Road 2. Fowler Avenue b. Signalization improvements for the following intersections: 09-19-05 - 12 - 1. Fowler Avenue/Durston Road 2. Fowler Avenue/West Babcock Street The documents filed shall specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. 9. The owner shall provide public street and utility easements for Durston Road and Fowler Avenue. The easement shall be 60 feet wide from the section line for both. This represents one half of a minor arterial standard as shown in the Greater Bozeman Area Transportation Plan 2001 Update. If it is determined the full 60-foot right-of-way is not needed to accommodate the road improvements, the Commission may choose to consider the remainder of the right-of-way in the easement as a portion of the parkland dedication for future residential development. 10. The existing structure shall either be connected to municipal water and sewer, or removed prior to annexation of the property. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff and Mayor Cetraro; those voting No, none. Zone Map Amendment - establish initial municipal zonina desianations of "R-1". Residential- Sinale- household. Low-density, and "R-3" , Residential-Medium-density. on 13.225 acres Iyina at southeast corner of intersection of Durston Road and Fowler Avenue extended - Greenwina Teal. LLC. for William and Lois Lydens (Z-05127) This was the time and place set for the continued public hearing on the Zone Map Amendment requested by Greenwing Teal, LLC, for William and Lois Lydens under Application No. Z-05127, to establish initial municipal zoning designations of "R-1", Residential-Single-household, Low-density, and "R-3" , Residential-Medium-density, on 13.225 acres described as Tract 8 less the west 165 feet, Smith Subdivision, and the unplatted tract referenced in Deed Book 155, Pages 56-57. The subject property lies along the east side of Fowler Avenue extended and the south side of Durston Road. Included in the packets was a copy of the information from the August 15 packet, when this issue was previously considered. Public hearing Mayor Cetraro reopened the continued public hearing. Associate Planner Jami Morris presented the staff report. She stated the applicant is proposing a combination of "R-3" and "R-1" zoning that allows for higher density development on this property. She indicated that staff has evaluated this application in light of the twelve criteria contained in the zone code, and staffs comprehensive findings are contained in the written staff report. Based on those findings, she noted that staff has forwarded a recommendation that the entire parcel be zoned "R-1", given the character of the existing neighborhood. Following its review of this application, the Zoning Commission concurred with the staff recommendation. Mr. Chris Budeski, consulting engineer representing the applicant, stated they requested the "R-3" zoning designation to allow the homes along Durston Road to not be oriented toward the street, but to be oriented with their backs to the street like other development in the immediate area. He indicated that, even if the units do front Durston Road or Fowler Avenue, parking can be provided via a courtyard at the back of the structure. He also noted that the 'R-3" zoning would allow for a buffer between higher residential development and the single-family lots within this development. He then stated that multi-family units are typically occupied by more transient residents than single-family residential units. He indicated that, if staff is willing to work with the applicant and to allow the flexibility needed to create an attractive residential development, he is willing to accept the staff's recommendation. 09-19-05 - 13 - Mr. Hudson Hart, 27 Sweetgrass Avenue, expressed concern that in neighborhoods with multi-family housing, parking is typically along the street, thus crowding the areas; and that is exactly the opposite of what the residents have requested. Ms. Bonnie Hash, 1204 North 9th Avenue, stated her home was constructed in an "R-1" zoned area in 1955; however, in 1976, that zoning was changed to "R-3". She questioned why the Commission would approve a small piece of "R-3" zoning on this site, and encouraged approval of an "R-1" zoning for the entire parcel. Ms. Deb Stober, 395 Valley Drive, characterized the developers as kind, considerate and wonderful neighbors. She encouraged the Commission to approve an "R-1" zoning for the entire parcel with the largest lot sizes possible, and to consider giving them flexibility in development of the site by allowing homes to not face roads where development across the street already does not face the road. Ms. Martie Stewart, 3303 Bitterroot Way, stated her support for an "R-1" zoning for the entire parcel and for not requiring homes to face the street where they would also face the backs of other houses. Associate Planner Jami Morris noted that during informal review, the Commissioners indicated they did not find it necessary to have the homes front on the external streets. She then turned her attention to the suggestion of large lot sizes, noting the unified development ordinance requires a minimum of six dwelling units per acre. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision Commissioner Krauss noted that the typical expectation is for a mix of housing, with the houses fronting on the street. In this instance, he finds that flexibility and sensitivity are needed when considering the development proposal. It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the Zone Map Amendment requested by Green Teal, LLC, for William and Lois Lydens under Application No. Z-05127, be initially approved by establishing an initial municipal zoning designation of "R-1", Residential-Single- household, Low-density, on 13.225 acres described as Tract 8 less the west 165 feet, Smith Subdivision, and the unplatted tract referenced in Deed Book 155, Pages 56-57, and that staff be directed to bring back an ordinance enacting the amendment upon completion of the annexation process, subject to the following conditions: 1. The Ordinance for the Zone Map Amendment shall not be adopted until the Resolution of Annexation is signed by the applicant and formally approved by the City Commission. If the annexation is not approved, the application shall be null and void. 2. The applicant shall submit a zone amendment map on a 24-inch by 36-inch mylar; 812-inch by 11-inch, or 812-inch by 14-inch paper exhibit; and a digital copy of the area to be zoned, which will be utilized in the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map. Said map shall contain a metes and bounds legal description of the perimeter of the subject property and zoning districts, total acreage of the property and adjoining rights-of-way and/or street access easements. 3. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides a metes and bounds legal description prepared by a licensed Montana surveyor and map of the area to be rezoned, which will be utilized in the preparation of the Ordinance to officially amend the zone map. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala and Mayor Cetraro; those voting No, none. 09-19-05 - 14 - Appointments to North 7th Avenue corridor urban renewal plan committee Included in the Commissioners' packets was a memo from the City Clerk forwarding the list of applicants for the committee. It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the following appointments be made to the North 7th Avenue corridor urban renewal plan committee: Business/business property owner Doug Alexander Andrew Cetraro Mike Gaffke Mike Hope Carl Sol vie Resident property owner Susan Fraser Sherry Reid Resident adjacent to district Michelle Wolfe The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala and Commissioner Krauss; those voting No, none. Mayor Cetraro abstained. Selection of votino deleaate and alternate votina deleaate to the Nationalleaaue of Cities Conaress of Cities annual meetina. to be held in Charlotte, North Carolina, on December 10, 2005 Included in the Commissioners' packets was a copy of the letter from the National League of Cities regarding the selection of a voting delegate and alternate voting delegate to the annual business meeting to be held during the Congress of Cities in Charlotte, North Carolina, on December 10. It was moved by Commissioner Kirchhoff, seconded by Commissioner Krauss, that no delegate be appointed to the annual business meeting to be held at the National League of Cities Congress of Cities in Charlotte, North Caroline, on December 10, 2005. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Krauss, Commissioner Youngman, Commissioner Hietala and Mayor Cetraro; those voting No, none. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1 ) Copy of an editorial from the September 14 issue of the Wall Street Journal entitled "A 'Moronic' Proposal" regarding the funding for the parking garage. (2) Letter from Bonnie Freitas, 226 Western Drive, expressing concern about being included in the SID for Durston Road. (3) Letter from Jan Elpel, dated September 11, voicing opposition to the construction of a transfer station on the Mandeville property. (4) E-mail from Don Bachman regarding the solid waste collection and disposal issues and encouraging the City to retain the federal funding for the parking garage. (5) Letter from Roger Thompson expressing concern about a recent incident involving his son. (6) Updated list of planning projects to be considered at upcoming Commission meetings, dated September 19. 09-19-05 - 15 - (7) Minutes from the Parking Commission meeting held on August 11. (8) Agendas for the County Commission meetings to be held at 9:00 a.m. on Tuesday, September 20, in West Yellowstone, and at 1 :30 p.m. on Wednesday, September 21, at the Courthouse. (9) Agenda for the Cemetery Board meeting to be held at 1 :00 p.m. on Tuesday, September 20, in the Commission Room, along with minutes from the meeting held on July 6. (10) Agendas forthe Zoning Commission meeting to be held at 7:00 p.m. and the Planning Board meeting to be held at 7:30 p.m. on Tuesday, September 20, in the Commission Room. (11 ) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Wednesday, September 21, at the Professional Building. (12) Copy of the information packet to be distributed at tomorrow night's informational meeting regarding the Durston Road improvement project. Director of Public Service Debbie Arkell cautioned that the Durston Road project will be more expensive than the West Babcock Street project. Those additional costs are due, in part, to the additional length of the project, the additional 5-foot width, signalization improvements and higher construction costs. (13) City Manager Kukulski announced that he will be attending the ICMA Conference in Minneapolis next week. During that conference, he will meet with the City Managers from other fast growing communities, including Bend, Oregon, and Flagstaff, Arizona, to determine how they are addressing those issues. He will also attend a special session on successful orientation programs for new Commissioners. (14) The City Manager noted one of the items on next week's agenda is discussion on the request from Tracy Velazquez that the City return the federal funding for the parking garage so it can be used for the Hurricane Katrina victims. Commissioner Youngman suggested that the Commission consider a small financial commitment to the hurricane victims, possibly from reserves or delay of a capital item. She also proposed that Chris Pope be invited to attend next week's meeting and provide background on how long the parking garage project has been pursued, how it will ensure the economic vitality of the downtown, and the costs incurred to date. City Manager Kukulski announced that $1.1 million in obligations for the parking garage have been incurred to date, including the costs of acquiring property, engineering fees, architectural services, legal services and bond counsel. Commissioner Kirchhoff expressed concern that any favorable Commission action would simply be symbolic and not meaningful. City Manager Kukulski highlighted his policy to allow City employees to assist as needed, with the City covering the employee salaries if not covered by another agency. He suggested that personnel support could be as beneficial as writing a check. Responding to the City Manager, Director of Public Safety-Fire Chuck Winn stated the two firefighters providing assistance are currently located at the center in Arlington, Texas. The City Manager reminded the Commission that the reconstruction will be a long-term project, probably lasting a year or more. Commissioner Kirchhoff stated that a linkage has already been established by MSU with the distressed area, and suggested the City could participate through that linkage. (15) Director of Public Service Debbie Arkell distributed copies of a letter from Sacks of Bozeman, asking if charitable organizations will be allowed to continuing dumping at the City landfill at no cost. She noted this issue has not yet been discussed, but that staff will be bringing it back for discussion. 09-19-05 - 16 - (16) Commissioner Youngman announced that the Sons of Norway have requested permission to address the Commission at the October 3 meeting, and adoption of a proclamation. The Commissioners agreed to the presentation and proclamation. Adjournment - 10:35 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, Commissioner Youngm d Mayor Cetraro; those voting No, none. -~ ~ AN L. CETRARO, Mayor ATTEST: ~/~ IN L. SULLIVAN City Clerk 09-19-05