Loading...
HomeMy WebLinkAbout2002-08-05 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA August 5, 2002 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, August 5, 2002, at 7:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner Lee Hietala, Commissioner Jarvis Brown, City Manager Clark Johnson, Director of Public Service Debbie Arkell, Planning DirectorAndy Epple, Staff Attorney Patricia Day-Moore and Clerk of the Commission Robin Sullivan. Commissioner Marcia Youngman and Commissioner Andrew Cetraro were absent. 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. Authorize absences of Commissioner Younqman and Commissioner Cetraro from this meetinq It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Commission authorize the absences of Commissioner Youngman and Commissioner Cetraro from this meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No, none. Minutes - January 18, 2000, and May 13, July 22 and July 29, 2002 It was moved by Commissioner Brown, seconded by Commissioner Hietala, that the minutes of the meeting of July 29, 2002, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, and May 13 and July 22, 2002, to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Acknowledge receipt of staff report - application for annexation of 7.836 acres described as Parcel BI, COS No. 1790B - C&H Enqineerinq for Bill Phillips and Bart Manion (parcel Ivina between South Rouse Avenue and South Church Avenue at Accola Street extended) (A-02006) Commission Resolution No. 3534 - intent to annex 7.836 acres described as Parcel BI, COS No. 1790B (parcel lying between South Rouse Avenue and South Church Avenue at Accola Street extended); set public hearing for September 3, 2002 COMMISSION RESOLUTION NO. 3534 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 08-05-2002 -2- DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Acknowledge receipt of staff report - application for annexation of 0.275+ acres described as Tract 1, Van Horn Subdivision - Edward L. and LeEtta L. Loterbauer (3324 West Babcock Street) (A-02007) Commission Resolution No. 3530 - intent to annex 0.275+ acres described as Tract 1, Van Horn Subdivision (3324 West Babcock Street); set public hearing for September 3, 2002 COMMISSION RESOLUTION NO. 3530 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 TRACT WITHIN THE CORPORATE LIMITS THEREOF. Authorize City Manager to sign - Annexation Aqreement for Bridger Headlands Annexation - annex 26.606 acres described as Tract A, Certificate of Survey No. 2220 (Ivin~ alon(i south side of Bridqer Drive, east of Story Mill Road) - Bridger Headlands, EEC. Commission Resolution No. 3531 - annexinq 26.606 acres described as Tract A, Certificate of Survey No. 2220 (lying along south side of Bridqer Drive, east of Story Mill Road) COMMISSION RESOLUTION NO. 3531 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF A CERTAIN NONCONTIGUOUS 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 NONCONTIGUOUS TRACT. Approval of final plat for Brid.qer Peaks Town Center Minor Subdivision (subdivide 2.08 acres described as Lot lA, amended plat of Bridger Peaks Town Center, into two lots for commercial development) (north side of West Oak Street, approximately 800 feet east of its intersection with North 19th Avenue) (P-02014) Exemption from subdivision review - relocation of common boundary between Lots 2-C-1 and 2Ft, Technical Services Center Subdivision (northwest corner of intersection of Technoloqy Boulevard and Research Drive) (E-02009) Authorize Mayor to sign - Findings of Fact and Order- preliminary plat for West Glen Subdivision (subdivide 18.71 acres described as a portion of the S%, NWl/4 of Section 11, T2S, RSE, MPM, into 15 sinqle-family residential lots, 32 townhouse lots and 25 duplex lots) (north side of West Babcock Street, east of Valley Drive) (P-02006) Authorize Mayor to siqn - Findinqs of Fact and Order - preliminary plat for Broadway Boulevard Subdivision (subdivide 33.20 acres described as Lot 1, Amended Plat C-23-A10 into five lots for commercial and residential development) (north of East Main Street and east of Broadway Avenue) (P-02019) 08-05-2002 -3- Authorize Mayor to siqn - Acceptance of Enqa.qement Letter from Bay Area Economics (BAE) for housing needs assessment and development plan Commission Resolution No. 3532 - riqht-of-way acquisition for Durston Road improvements alonq Parcels 4a and 4b and drainaqe easement in Parcel 4a under eminent domain provisions of Bozeman Municipal Code - Patterson Palffy Family Limited Partnership COMMISSION RESOLUTION NO. 3532 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PURSUANT TO BOZEMAN MUNICIPAL CODE CHAPTER 11.01, EMINENT DOMAIN, DECLARING PUBLIC PURPOSE AND USE, DESCRIBING THE PROPERTIES TO BE TAKEN AND AUTHORIZING CITY OFFICIALS TO PROCEED. Commission Resolution No. 3533 - riqht-of-way acquisition for Durston Road improvements alonq Parcel 5 under eminent domain provisions of Bozeman Municipal Code - Alice TOr .COMMISSION RESOLUTION NO. 3533 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PURSUANT TO BOZEMAN MUNICIPAL CODE CHAPTER 11.01, EMINENT DOMAIN, DECLARING PUBLIC PURPOSE AND USE, DESCRIBING THE PROPERTIES TO BE TAKEN AND AUTHORIZING CITY OFFICIALS TO PROCEED. Claims It was moved by Commissioner Hietala, seconded by Commissioner Brown, 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 Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No, none. Ordinance No. t571 - zone map amendment to establish initial zoning designation of "RS" (Residential Suburban District) on 26.606 acres described as Tract A, Certificate of Survey No. 222U (lyin_q alon.q south side of Bridqer Drive, east of Story Mill Road) Included in the Commissioners' packets was a copy of Ordinance No. 1571, as approved by the City Attorney, entitled: ORDINANCE NO. 1571 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 "RS" (RESIDENTIAL SUBURBAN DISTRICT) ON 26.606 ACRES SITUATED IN THE SOUTHEAST ONE-QUARTER AND SOUTHWEST ONE- QUARTER OF SECTION 32, TOWNSHIP 1 SOUTH, RANGE 6 EAST, PRINCIPAL MERIDIAN MONTANA. It was moved by Commissioner Brown, seconded by Commissioner Hietala, that Ordinance No. 1571, establishing an initial zoning designation of"RS", Residential Suburban, on 26.606 acres lying along the south side of Bridget Drive, east of Story Mill Road, be provisionally adopted and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. 08-05-2002 -4- Ordinance No. 1570 - zone map amendment to establish initial zoninq designation of "B-2" (Community Business District) on 43.85 acres described as a portion of Tract 2, West College Minor Subdivision, lying along south side of US Hi.qhway 191, east of future Fowler Avenue extended Included in the Commissioners' packets was a copy of Ordinance No. 1570, as approved by the City Attorney, entitled: ORDINANCE NO. 1570 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 "B-2" (COMMUNITY BUSINESS DISTRICT) ON 43.85 ACRES SITUATED IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 14, AND THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 15, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN MONTANA, GALLATIN COUNTY, MONTANA. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that Ordinance No. 1570, establishing an initial zoning designation of "B-2", Community Business, on 43.85 acres lying along the south side of US Highway 191, east of Fowler Avenue extended, be provisionally adopted and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No, none. Public review - application for loan from Community Development Block Grant Economic Development Revolvinq Loan Fund - Advanced Manufacturinq Services, Inc. Included in the Commissioners' packets was a copy of the application from Advanced Manufacturing Services, Inc., for a loan from the Community Development Block Grant Economic Development Revolving Loan Fund. Ms. Alicia Bradshaw, Executive Director of the Gallatin Development Corporation, gave an overview of the application, noting that Advanced Manufacturing Services, Inc., is seeking a $40,000 loan. She noted this company is a former recipient of monies from this fund, and the first loan has a $29,000 outstanding balance that is scheduled to be paid off in March 2004. She stated the CDBG Economic Development Loan Review Committee has reviewed this application and recommended approval, with the loan to be at a rate of 5 percent for 5 years, with the first six-month payment being interest only. They also recommended that the loan not be made until after the vertical machining center has been sold or returned to the leasing company. The applicant is to match the loan with monies from private investors; and Mr. Barrett is to personally guarantee the loan. She indicated that this company generates over 50 percent of its revenues from outside Montana. Under this loan, the applicant proposes to rehire two people, at a minimum of $25,000 each. She concluded by noting this company has been negatively impacted by the downturn in the economy and is attempting to recover. Mr. Mike Barrett, applicant, noted that Advanced Manufacturing Services is a precision machine shop that specializes in quick turn and production of parts. He brought a sample of a prototype part to a Tomahawk missile, which he anticipates will go into production this fall. He indicated that the business was started in March 1998, with the help of an $80,000 loan from the CDBG Economic Development Revolving Loan Fund. At one time, the business had fifteen full-time employees, and last year the company did over $600,000 in sales. At the present time, he is the only employee, and his desire is to rebuild the company to at least its previous level. This loan will allow them to consolidate debt and purchase rather than lease their heavy equipment. Responding to Commissioner Brown, Mr. Barrett stated that his partner, Jeff Galanti, is now living in Arizona and is serving as the company's sales representative. It was moved by Commissioner Brown, seconded by Commissioner Hietala, that the Commission approve the application from Advanced Manufacturing Services, Inc., for a loan from the Community 08-05-2002 -5- Development Block Grant Economic Development Revolving Loan Fund. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. Public hearing - work plan and budqet for the Downtown Business Improvement District (BID) for Fiscal Year 2002-2003 This was the time and place set for the public hearing on the work plan and budget for the Downtown Business Improvement District (BID) for Fiscal Year 2002-2003. Ms. Marilyn Tracz, Executive Director of the Downtown Bozeman Partnership, reviewed the work plan and budget for the upcoming fiscal year. She noted the Downtown Bozeman Partnership was created to provide leadership and direction to ensure the economic, cultural and historic vitality of the downtown for its residents, businesses, customers and visitors. She characterized the plans for the coming year as simple. The long-range goal of the Downtown Bozeman Partnership is to double the revenues of the district over a five-year period, by first increasing the size of the district and then increasing the assessment if necessary, since the tax increment financing district will terminate in another five years and those on-going expenses will be absorbed into this program. She indicated that the Downtown Bozeman Partnership is currently working with a consultant for a business recruitment study, which will be followed by the creation of a recruitment strategic plan. Attracting the performing arts center to a downtown location is high on the list of priorities. The Business Improvement District Board (BID), in conjunction with the Downtown Improvement District Board (IDB), propose a strategic planning session. The plan also includes serving as Parking Commission liaison; continuing communication with other organizations; maintaining the downtown sidewalks, flowers and trees; and attending the National Trust for Historic Preservation Main Street Program. Finally, maintenance of the administrative offices and work on development of a website, scheduled to be operational by Fall, round out the work plan for the upcoming year. Ms. Tracz concluded by indicating the budget, for slightly under $115,000, is reflective of the elements in this work plan. Responding to Commissioner Hietala, Ms. Tracz stated this program is not supported by the City's General Fund; rather, it is funded through an assessment against the property owners in the downtown area. Responding to Commissioner Brown, Ms. Tracz confirmed that there are transfers between the Business Improvement Distdct and the Tax Increment Financing District that result in inflated figures in both revenues and expenses for these two programs. No one spoke in opposition to the proposed work plan and budget. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Commission approve the work plan and budget for Downtown Business Improvement District (BID) for Fiscal Year 2002- 2003 as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No, none. Public review - work plan and budqet for the Tax Increment Financinq District (TIF) for Fiscal Year 2002-2003 Included in the Commissioners' packets, for review and approval, was a copy of the work plan and budget for the Tax Increment Financing District (TIF) for Fiscal Year 2002-2003. Ms. Marilyn Tracz, Executive Director of the Downtown Bozeman Partnership, noted the mission of the Tax Increment Financing District is to implement the urban renewal plan. She gave an overview of the work plan and budget for the upcoming fiscal year, which furthers that mission. She noted the strategic planning session to develop consensus on a long-range downtown plan and action items is also part of this work plan. Other items include a transportation engineering study to create a more destination-oriented, pedestrian and bicycle friendly downtown, which includes adoption into the Montana Department of Transportation work plan for 2004, when Main Street is to be milled and resurfaced; removal of snow berms on Main Street; a continued flower basket program; matching monies for removal of the wall mural on the 08-05-2002 -6- Eagle's building adjacent to Soroptimist Park in conjunction with the park improvements; new Christmas lighting program on Man Street that includes twinkle lights on all trees; purchase of maintenance equipment for the sidewalks, watering of trees and flowers, and emptying of trash receptacles; and purchase of bicycle racks and kiosks for the downtown. Ms. Tracz noted that the budget proposed expenditure of $177,000 to cover those costs as well as the basic operational costs of this program. Responding to Commissioner Brown, Ms. Tracz stated the Downtown Bozeman Improvement District Board (IDB) oversees the Tax Increment Financing District (TIF). It was moved by Commissioner Brown, seconded by Commissioner Hietala, that the Commission approve the work plan and budget for the Tax Increment Financing District (TIF) for Fiscal Year 2002-2003 as submitted. The motion carded by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. Ordinance No. 1567 - adding Chapter t2.22 to the Bozeman Municipal Code, allowing sidewalk vendors and sidewalk displays on portions of Main Street in the downtown area Included in the Commissioners' packets was a copy of Ordinance No. 1567, as approved by the City Attorney, entitled: ORDINANCE NO. t567 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING CHAPTER t2.22 ALLOWING SIDEWALK VENDORS AND SIDEWALK DISPLAYS ON PORTIONS OF MAIN STREET AND REVISING SECTION 12.12.020 TO ELIMINATE CONFLICTS WITH THE NEW CHAPTER. Staff Attorney Day-Moore reviewed the background of the sidewalk vending program, noting that several years ago, the previous City Manager worked out a program with the Montana Department of Transportation, which has control over the sidewalks along Main Street, to allow the City to regulate certain uses on those sidewalks. That program has been operated strictly as a policy; and the determination has been made to establish it under an ordinance, which includes better mechanisms for enforcement. The Staff Attorney stated this ordinance essentially implements the program that has been in place on the more informal basis. It allows certain things on the downtown sidewalks, including benches, signs, and sidewalk vending carts, regulating them in a way that ensures a safe walkway for the public. She indicated that during the past week, she has determined that the flower pots were inadvertently omitted; and that the language in Section 12.22.070 needs to be revised to allow two sidewalk vendors per block face. Responding to Commissioner Brown, the Staff Attorney indicated that no blanket process has been established for the Downtown Bozeman Association's activities; however, she suggested that the flower baskets, benches, bike racks and kiosks could be accommodated under a single permit. Further responding to Commissioner Brown, City Manager Johnson stated the permission from the Montana Department of Transportation to administer this program is oral. Commissioner Hietala questioned if this ordinance includes a provision for tables and chairs; the Staff Attorney responded that it currently allows tables but not chairs, and she will remedy that deficiency. Further responding to Commissioner Hietala, the Staff Attorney stated there is no cost for this program; and under this ordinance, it would remain that way. In response to Commissioner comments, Staff Attorney Day-Moore asked the Commission to allow herto make revisions prior to taking action. She noted that the ordinance is drafted as a fairly rigid program, and suggested she be given an opportunity to broaden it and provide a little flexibility. She cautioned that, from a legal standpoint, it is important to ensure a safe walk area on the sidewalks at all times while supporting the program, and cited Crazy Days as an example of unsafe walk areas. 08-05-2002 -7- Mr. Bert Hopeman, Montana Gift Corral, encouraged adding flexibility to the ordinance, so that the variables can be accommodated. He acknowledged that some issues need to be clarified; however, he noted the Downtown Bozeman Association would like the basis on which to either recommend approval or disapproval of a request. He recognized the importance of ensuring the encroachments do not pose a hazard and of ensuring adequate handicapped access. Ms. Madlyn Tracz, Downtown Bozeman Partnership, cautioned that allowing only one table per store during Crazy Days may not be acceptable to the downtown businesses and asked that they be allowed more while ensuring pedestrian safety. She also asked that the ordinance be revised to include the kiosks identified in the work plan, particularly since they will help eliminate people's desire to attach handbills and posters to the new light poles and garbage cans. Staff Attomey Day-Moore stressed that the biggest concern is ensuring there is enough unfettered travel space for all pedestrians, including the disabled, in an ordinance that is easily enforced. Responding to a comment from the Staff Attorney, Mr. Bert Hopeman stated that the kiosks may be eight or nine feet tall. They are to be multi-sided and are to be permanently mounted on the sidewalk. Staff Attorney Patricia Day-Moore stated she will revise the ordinance and bring it back next week for Commission consideration. Public hearinq - Major Site Plan and Certificate of Appropriateness - IHOP Corporation - allow construction of a +4,000-square-foot restaurant on Lot 1, Gallatin Center PUD, Phase 1 (east side of Valley Center Road, northeast of its intersection with Catron Street) (Z-02117) This was the time and place set for the public hearing on the Major Site Plan and Certificate of Appropriateness requested by IHOP Corporation under Application No. Z-02117, to allow construction of a +4,000-square-foot restaurant on Lot 1, Gallatin Center Planned Unit Development, Phase 1. The subject property is located along the east side of Valley Center Road, northeast of its intersection with Catron Street. Mayor Kirchhoff opened the public hearing. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the public hearing be continued until a recommendation is received from the Design Review Board. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No, none. Public hearinq - variance from subdivision requlations - Cape-France, Inc. - from Section 16.14.120.E., of the Bozeman Municipal Code to allow street cut in West Oak Street between North 19th Avenue and North 22nd Avenue to install a culvert for StoneRidqe Subdivision PUD, Phase 2B (P-02017A) This was the time and place set for the public hearing on the variance requested by Cape-France, Inc., under Application No. P-02017A, from Section 16.14.120. E., of the subdivision regulations to allow a street cut in West Oak Street between North 19th Avenue and North 22nd Avenue to install a culvert for StoneRidge Subdivision Planned Unit Development, Phase 2B. Mayor Kirchhoff opened the public hearing. Planning Director Andy Epple presented the staff report on behalf of Assistant Planner Caroline. He noted that a drainage swale extends west from the Holiday Stationstore through the new development and then extends north to West Oak Street. There it ponds, in an area where lots are contemplated because no provision for drainage under the street was made when the street was constructed. He stated this requested vadance rectifies a problem for the development of Phase 2B of the StoneRidge PUD. 08-05-2002 -8- The Planning Director stated that the Planning Board considered this application at its meeting held on July 16. Following its review, the Board concurred in staff's recommendation for approval. Responding to Planning Director Epple, Commissioner Brown stated that during the Planning Board meeting, there were some questions and discussion about why this request is being processed as a variance to the subdivision regulations rather than a exception to the street cut moratorium. He indicated that the street cut moratorium policy was added to the subdivision regulations in the recent revisions, and staff determined this was the most appropriate process to use. No one was present to speak in support of or in opposition to the requested variance. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Brown, seconded by Commissioner Hietala, that the variance requested by Cape-France, Inc., under Application No. P-02017A, from Section 16.14.120.E., of the subdivision regulations to allow a street cut in West Oak Street between North 19th Avenue and North 22nd Avenue to install a culvert for StoneRidge Subdivision Planned Unit Development, Phase 2B, be approved. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. Public hearinq - Major Site Plan - The Dabne¥ Company - allow construction of a 44-unit affordable housing complex on Tract $ and Parcel 3, Triangle Area Annexation (Brid.qer Apartments, 2517 West College Street) (Z-02098) This was the time and place set for the public hearing on the Major Site Plan requested by The Dabney Company under Application No. Z-02098, to allow construction of a 44-unit affordable housing complex on Tract 5 and Parcel 3, Triangle Area Annexation. The project is known as the Bridger Apartments, located at 2517 West College Street. Mayor Kirchhoff opened the public hearing. Assistant Planner Jami Morris presented the staff report. She noted the subject property is zoned "R-O", Residential-Office, which allows apartments as a permitted use. Under this application, three 12- plex structures and one 8-plex structure are to be constructed on a two-acre parcel located along the north side of West College Street, south of Professional Drive. The Assistant Planner stated that staff has reviewed this application in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. She briefly summarized those findings and forwarded staff's recommendation for approval, subject to 30 conditions. She highlighted Condition No. 1, which requires the creation of a revocable easement on the vacant parcel to the west that the applicant owns, to provide the acreage needed to accommodate the 44 dwelling units proposed. She indicated that, if the densities allowed under the zoning ordinance are revised in the future to allow the type of density being proposed for the subject parcel, then the revocable easement could be removed from the second parcel. Responding to Commissioner Brown, the Assistant Planner stated that, the two parcels contain a total of 3.17 acres; and the "R-O" zoning allows up to fifteen units per acre. Mr. Chris Budeski, Allied Engineering, consulting engineer representing the applicant, characterized this as a straight forward project, with 44 dwelling units being constructed on a long, narrow piece of property. He stated concurrence with the staff report and indicated a willingness to accept all but one of the conditions as proposed. He turned his attention to Condition No. 10, which requires that the potential sewer bottleneck in West Babcock Street between South 19th Avenue and South 20th Avenue be upgraded prior to issuance of building permits. He noted that the problem is a 200-foot section of sewer line that lays essentially flat, and they are currently monitoring the flow to determine if improvements are required. He asked that the applicant be allowed to bond those potential improvements and upgrade the line, if necessary, at the same time as the structures are being constructed. 08-05-2002 9- Mr. Budeski briefly reviewed the site plan for this project, noting that one shared access with the prOperty to the west is being proposed. He stated that this will limit the number of accesses onto West College Street as that vacant lot develops in the future. He indicated that providing sewer and water services to the site will be no problem and, while looping of the water main is not proposed at this time, an easement for that looping will be provided. Mr. Budeski stated the existing site is very well vegetated at this time. The old mature trees along the east property line will be retained to the greatest extent possible, and augmented where necessary; and the underbrush will be removed. He then showed diagrams of the building elevations, and concluded by encouraging Commission approval. Responding to Commissioner Brown, Mr. Budeski stated that an emergency access, with a chain and lock, will be provided to Professional Drive. He noted that this will not be an open access because they wish to avoid cut-through traffic from West College Street to West Main Street. Responding to Mayor Kirchhoff, Mr. Budeski stated that the owner of the property has contracted to have the existing house removed. He then indicated that the new driveway will be located where the old one currently exists, and the old bridge is to be replaced with a new one. Further responding to the Mayor, Mr. Budeski stated there are no sidewalks along West College Street at the present time. He indicated that no sidewalk is proposed in this development, largely because of the Farmers' Canal, which runs between the property and the street. City Manager Johnson recommended that, if the Commission wishes to entertain the requested revision to Condition No. 10, it include a requirement that the improvements be completed prior to occupancy of the structures. Ms. Cheryl Walter, 2405 West College Street #4, stated she is in full support of this affordable housing project, particularly since there is a great need for this type of housing for those on limited incomes. However, she is concerned about the lack of pedestrian facilities on West College Street from South 23rd Avenue to West Main Street. She noted the street is heavily used not only by motorists, but by pedestrians and bicyclists. She suggested that the applicant work with MSU to see if a gravel path can be constructed along the undeveloped portion of its property if the street can't be widened to included a bike/pedestrian path. Assistant Planner Morals noted that, until Farmers' Canal is piped, the road cannot be expanded and sidewalks installed. Responding to Commissioner Hietala, Director of Public Service Arkell stated the City is trying to obtain the 25-foot-wide strip that is owned by the Farmers' Canal Company; however, that process is time consuming and expensive. Planning Director Epple stated that, given the presence of the open canal, sidewalks along the north side of the street are not viable and would create a hazardous situation. Mayor Kirchhoff suggested that, as part of the City's sidewalk program, sidewalks be ordered in along the south side of West College Street from the edge of the Advanced Technology Park to West Main Street, with some type of pedestrian crossing from this project to that sidewalk. City Manager Johnson suggested that this proposal should first be discussed at the Transportation Coordinating Committee meeting, where MSU has a seat; and this would allow them to budget for that expense. Mr. Chds Budeski noted that Mr. Dabney has developed several affordable housing projects in the area. Since this property is located near Montana State University, the Advanced Technology Park and commercial areas, he feels it is a good location for an additional 44 units of affordable housing. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. 08-05-2002 -10- It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Major Site Plan requested by The Dabney Company under Application No. Z-02098, to allow construction of a 44-unit affordable housing complex on Tract 5 and Parcel 3, Triangle Area Annexation, be approved subject to the following conditions: A revocable easement shall be drafted to prohibit development of Parcel 3 of the Tdangle Area Annexation. In the event the City of Bozeman zone code is amended, to allow more than 15 dwelling units per net acre of the subject property without a Planned Unit Development, then the property owner may seek approval from the City Commission to have the easement revoked. The document shall be submitted to the Planning Office with the final site plan for review and approval. Once approved by the Planning Office, the document shall be recorded with the Gallatin County Clerk and Recorder's Office prior to issuance of final site plan approval. The location of the domestic water meters with backflow device shall be shown on the final site plan. 3. The City of Bozeman will install a 6-inch water tap on West College. The proposed connection to the private manholes and sanitary sewer intermediate to the municipal collection system will require the private system to be inspected and accepted by the City of Bozeman with all pre-existing deficiencies and the private system must be turned over to the City of Bozeman along with standard easements. o An easement west from the fire hydrant and/or north and east to Professional Drive should be provided to ensure looping this water main extension in the future. The Water/Sewer Department will review engineered plans and specifications when they are provided. 7. The final site plan shall be adequately dimensioned. A Stormwater Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease, and other pollutants must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations), stormwater detention/retention basin details (including basin sizing and discharge calculations, and discharge structure details), stormwater discharge destination, and a stormwater maintenance plan. A stormwater easement must be established on the adjacent property and filed with the County Clerk and Recorder's Office for the retention pond and discharge course if located off the subject property. Plans and specifications for any water, sewer and/or storm sewer main extensions, and public or private streets (including curb, gutter and sidewalks) prepared by a Professional Engineer (PE) shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall also provide Professional Engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Specific comments regarding the existing and proposed infrastructure shall be provided at that time. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre-construction conference has been conducted. No building permits will be issued prior to City acceptance of the infrastructure improvements. 10. The Wastewater Master Plan identified a bottleneck in the collection system downstream of this development. This section of sewer must be replaced prior to 08-05-2002 -11 - 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. issuance of a building permit, or at the applicant's option, flow monitoring may be performed to better determine the available capacity in that section of the main. If flow monitoring is performed, and adequate capacity exists, no further action will be required. If the monitoring shows there is not adequate capacity, the sewer must be bonded for prior to issuance of the building permits and must be upgraded prior to issuance of the Certificate of Occupancy. Plans and Specifications for any fire service line must be prepared in accordance with the City's Fire Service Line Policy by a Professional Engineer (PE), and be provided to and approved by the City Engineer prior to initiation of construction of the fire service or fire protection system. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Easements for the water and sewer main extensions shall be a minimum of 30 feet in width, with the utility located in the center of the easement. In no case shall the utility be less than 10 feet from edge of easement. Sewer and water services shall be shown on the final site plan and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. The location of existing water and sewer mains shall be properly depicted, as well as nearby fire hydrants. Proposed main extensions shall be labeled "proposed". Typical curb details (i.e., raised and/or drop curbs) and typical asphalt paving section detail shall be provided to and approved,by the City Engineer. Concrete curbing shall be provided around the entire new parking lot perimeter and adequately identified on the final site plan. The Montana Fish, Wildlife & Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineers shall be contacted regarding the proposed 'project and any required permits (i.e., 310, 404, turbidity exemption, etc.) shall be obtained prior to final site plan approval. Ditch Crossing: The Montana Fish, Wildlife and Parks shall be contacted by the applicant regarding any proposed ditch/stream relocation and any required permits (i.e., 310, 404, turbidity exemption, etc.) shall be obtained pdor to final site plan approval. The applicant shall obtain written permission from the ditch owner for the proposed crossing. Co Hydraulic calculations for the crossing must be submitted by the applicant's engineer and approved by the City Engineer prior to final site plan approval. All existing utility and other easements must be shown on the final site plan. Adequate snow storage area must be designated outside the sight triangles, but on the subject property (unless a snow storage easement is obtained for a location off the property and filed with the County Clerk and Recorder's Office). Drive approach and public street intersection sight triangles shall be free of plantings which at mature growth will obscure vision within the sight triangle. 08-05-2002 -12- 21.' 22. 23. 24. 25. 26. 27. 28. 29. 30. If construction activities related to the project result in the disturbance of more than 5 acres of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality, Water Quality Bureau, shall be contacted by the applicant to determine if a stormwater discharge permit is necessary. If required by the WQB, an erosion/sediment control plan shall be prepared for disturbed areas of 5 acres or less if the point of discharge is less than 100 feet from State Waters. The water main must be a minimum of 8-inch diameter. The 6-inch main as shown will not be allowed. 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: Street improvements to College Street including paving, curb/gutter, sidewalk, and storm drainage (unless currently filed with the property). The applicant shall obtain a demolition permit for the existing home prior to issuance of a building permit. The applicant must submit seven (7) copies a final site plan within 6 months of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. A building permit must be obtained prior to the work, and must be obtained within one year of final site plan approval. Building permits will not be issued until the final site plan is approved. Minor site surface preparation and normal maintenance shall be allowed pdor to submittal and approval of the final site plan, including excavation and footing preparation, but NO CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED. The applicant shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements at the time of final site plan submittal. If occupancy of the structure is to occur prior to the installation of all required on-site improvements, the Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve (12) months; however, the applicant shall complete all on-site improvements within nine (9) months of occupancy to avoid default on the method of security. Per Section 18.49.040.C.3 "Preparation of a Landscape Plan", landscape plans shall be prepared and certified by a registered Montana Landscape Architect, an individual with a degree in landscape design and two years of professional design experience, or an individual with a degree in a related field and at least five years of professional design experience. All exterior lighting shall be depicted on the final site plan including wall-mounted, pole style/parking lot, awning and exterior illumination of any proposed signage. As per Section 18.50.035.A, "Glare and Lighting", any lighting, including that for security purposes, used to illuminate an off-street parking area, sign or other structure, shall be arranged so as to deflect light down and/or away from any adjoining properties and shall not detract from driver visibility on adjacent streets. Luminaires and lenses shall not protrude below the edge of the light fixture. A Sign Permit Application shall be reviewed and approved by the Planning Office pdor to the construction and installation of any signage on-site in accordance with Section 18.65 of the City of Bozeman Zone Code, including contractor, real estate 08-05-2002 -13- and lending institution signs temporarily posted on-site during and after construction of the building. The motion carded by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No, none. Appointments to Design Review Board Included in the Commissioners' packets was a memo from Deputy Clerk of the Commission Carolyn Wilmont, dated August 1, forwarding applications for vacancies on the Design Review Board. It was moved by Commissioner Brown, seconded by Commissioner Hietala, that the Commission appoint Melvin Howe to replace Daniel Glenn as an architect and appoint Carol Asleson to replace Dick Pohl as landscape architect on the Design Review Board, with two-year terms to expire on June 30, 2004. The motion carded by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. Mayor Kirchhoff requested that appointment of the non-professional member be placed on next week's agenda. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1) Copy of a letter dated July 25 from Engineering Assistant Andrew Kerr to property owners near the intersection of West Koch Street and South Grand Avenue. (2) Press release from Senator Conrad Burns regarding projects funded in this year's defense apPropriations for the Bozeman area and Montana. (3) Memo from Planning Secretary Carol Schott, dated July 31, announcing there will be no Zoning Commission or City Planning Board meeting on August 6 due to the lack of agenda items. (4) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, August 6, at the Professional Building. (5) City Manager Johnson indicated his intent to take annual leave on August 8 through August 16; the Commissioners indicated their approval. (6) City Manager Johnson noted he had a call from County Commissioner Bill Murdock earlier this week, voicing serious concerns about the costs of the 100-acre park and looking for options to relax some of the development requirements. Commissioner Brown stated he has briefly discussed this issue with County Commissioner Murdock on two different occasions. He noted that a meeting on the issue this afternoon included Planning Director Epple, Associate Planner Saunders, two people from FORParks, and two involved with development of the property. He indicated that possible options for flexibility include sidewalks around the perimeter of the park. Planning Director Andy Epple suggested that good quality gravel perimeter pathways could provide a good substitute for concrete sidewalks. He then reminded the Commissioners that, from a zoning standpoint, development of public lands is exempt from zoning requirements or reviews. He acknowledged that other City requirements, however, do apply to that development. (7) Director of Public Service Arkell submitted the following. (1) Noted that several city streets are tom up for infrastructure improvements, including streets, water and sewer. (2) Stated she will be out of the office for the remainder of the week, but will be available. 08-05-2002 -14- (8) Planning Director Epple stated that staff has posted signs at the Professional Building asking that customers not conduct cell phone business in the building. (9) Commissioner Brown voiced his strong concern about the article by Nick Gevock published in the Sunday edition of the Bozeman Daily Chronicle entitled Officials considering transportation district, regarding the proposed public transit system. He noted that a gentleman's agreement had been made to wait for good information before printing anything on this issue; the article as written was full of errors and resulted in what he feels is a great disservice to the task force. Those errors included the suggestion that the transit system could be implemented with no public funds; in reality, the system will operate at a significant loss. Also, the article indicated that MSU pays $140,000 for the Bobcat transit system; in reality, ASMSU pays $85,000. The Commissioner indicated that, as a result of a phone call to the editor regarding those errors, a correction is to be published in the paper. Adjournment - 8:50 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Hietala, seconded by Commissioner Brown, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No, none. S'TEVEN R. KIRCHHOFF, Mayor ATTEST: ROBIN L. SULLIVAN Clerk of the Commission 08-05-2002