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HomeMy WebLinkAbout2002-03-25 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA March 25, 2002 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, March 25, 2002, at 3:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner Marcia Youngman, Commissioner Lee Hietala, Commissioner Jarvis Brown, Commissioner Andrew Cetraro, City Manager Clark Johnson, Director of Public Service Debbie Arkell, Planning Director Andy Epple, City Attorney Paul Luwe and Clerk of the Commission Robin Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - January 18, 2000, and January 22, March 11, and March 18, 2002 It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the minutes of the meetings of March 11 and March 18, 2002, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, and January 22, 2002, to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Authorize City Manaqer to siqn - A.qreement for Architectural Program -- Needs Assessment for City Shops Complex - Richard M. Shanahan Authorize City Manager to sign - Annexation Agreement with Donald E. and JoAnn L. Cape - 1.87-acre parcel described as Parcel B, COS No. 2056 (along south side of West Villard Street, east of Greenway Court and west of North Western Drive) Commission Resolution No. 35'14- annexinq 1.87-acre parcel described as Parcel B, COS No. 2056 (along south side of West Villard Street, east of Greenway Court and west of North Western Drive) COMMISSION RESOLUTION NO. 3514 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. Acknowledge receipt of application for annexation - Tim Dean for Kelly and Renon Wood - Lot 7, Block I, Walker Property Planned Unit Development; refer to staff Claims 03-25-2002 -2- 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, Commissioner Cetraro, CommissionerYoungman and Mayor Kirohhoff; those voting No, none. Swearinq in of new firefiqhters Mayor Kirchhoff administered the oaths to Jason Kolman and Casey Holling, new firefighters, and welcomed them to the City of Bozeman. Request for up to $10,000 in fundin~ from the Community Affordable Housim3 Fund for new needs assessment Included in the Commissioners' packets was a letter from the Community Affordable Housing Advisory Board, dated March 18, requesting authorization to expend $10,000 in the Community Affordable Housing Fund for a housing needs assessment and development of a City of Bozeman Five-Year Housing Plan. Responding to Commissioner Brown, Commissioner Youngman stated that the last needs assessment was done in partnership with the Southwest Montana Building Industry Association and United Way, and she anticipates that the Board will enlist the assistance of other agencies in completing this needs assessment. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the Commission authorize expenditure of up to $10,000 from the Community Affordable Housing Fund for a housing needs assessment. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, CommissionerYoungman, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. Request for clarification of Condition No. 7 in Findinqs of Fact and Order- preliminary plat of Baxter Meadows, Phase I, Planned Unit Development Subdivision (subdivide 64.66 acres into residential/mixed use lots - part of the SW% and all of the SE% of Section 34, T1 S, RSE, and the NE% of Section 3, T2S, RSE, MPM for mixed use development) (portion of phased subdivision bounded by Davis Lane, future Oak Street, Harper Puckett Road and future Deadman's Gulch) (P-0123) Included in the Commissioners' packets was a memo from consulting planner Dale Beland, dated March 13, requesting clarification of Condition No. 7 in the Findings of Fact and Order for Baxter Meadows, Phase I, Planned Unit Development. Attached to the memo were excerpts from the minutes of the November 19 Commission meeting, which reflect the Commission action to revise the recommended Condition No. 8 to allow for private streets in the equestrian center. M r. Dale Beland, consulting planner, gave a brief overview of the requested clarification, noting that the minutes from the November 19, 2001, Commission meeting clearly reflect that the Commissioners had agreed to allow private streets in the equestrian center portion of the development. He indicated that both the Planning Staff and Engineering Staff support the recommended change in the Findings of Fact and Order. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the Commission approve the requested clarification of Condition No. 7 in the Findings of Fact and Order for Baxter Meadows Planned Unit Development, Phase I, to add a subsection i, which reads as follows: 7i. Subject to approval of the City Engineer, the applicant may substitute private streets for the equestrian area of Phase I, to include Riata Lane, Fjord Court, Clydesdale 03-25-2002 -3- Court, Belgian Court, Arabian Court, Appaloosa Court and that portion of Equestrian Lane west of Latigo Avenue. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No, none. Ordinance No. 1562 - establishinq an initial zoninq designation of"R-3-A", Residential--Two-family, Medium-density, on 1.87-acre parcel described as Parcel B, COS No. 2056 (alonq south side of West Villard Street, east of Greenway Court and west of North Western Drive) Included in the Commissioners' packets was a copy of Ordinance No. 1562, as approved by the City Attorney, entitled: ORDINANCE NO. 1562 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP AND ESTABLISHING AN INITIAL MUNICIPAL ZONING DESIGNATION OF "R-3-A" (RESIDENTIAL TWO FAMILY, MEDIUM DENSITY DISTRICT) ON 1.87 ACRES LOCATED IN THE NEY4 OF SECTION 11, T2S, RSE, PMM, GALLATIN COUNTY, MONTANA. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that Ordinance No. 1562, establishing an initial zoning designation of "R-3-A" on a 1.87-acre parcel described'as Parcel B, Certificate of Survey No. 2056, 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 Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Ordinance No. 1560 - amendin(~ Chapter 9.32 of the Bozeman Municipal Code to establish administrative procedures for permittinq open containers in public places, to eliminate conflicts with current procedures and to create a procedure for activities on MSU property Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1560, as approved by the City Attorney, entitled: ORDINANCE NO. 1560 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY AMENDING TITLE 9, CHAPTER 32, TO ALLOW THE CITY MANAGER TO WAIVE THE PROVISIONS OF THIS CHAPTER IN PUBLIC AREAS, TO ELIMINATE CONFLICTS WITH THE CITY'S CURRENT PROCEDURE; AND ADDING SECTION 9.32.020, CREATING A PROCEDURE FOR ACTIVITIES ON MONTANA STATE UNIVERSITY PROPERTY. Included in the Commissioners' packets was a letter signed by eleven individuals representing the Alcohol and Drug Services of Gallatin County, Gallatin County MADD, Institute for Public Strategies, and Communities that Care Coalition, strongly encouraging the Commission to not adopt this ordinance. Mayor Kirchhoff stated that, in light of the considerable attention this ordinance has drawn, the Commission will accept comment today and accept written comment until the April 8 meeting, at which the Commission will take action on final adoption of the ordinance. Staff Attorney Patricia Day-Moore reminded the Commission that this ordinance was provisionally adopted on March 11, at which time she was directed to change the word "interrupted" to "interrupt" in Section 9.32.015(3). Subsequent to that meeting, she received a list of questions submitted by Commissioner Youngman for which she has submitted responses to staff. 03-25-2002 4- At the Commission's request, the .Staff Attorney reviewed those questions and responses. She indicated that the ordinance as currently.drafted does not establish a limit of 75 people, like the existing regulations for parks, because it would be extremely difficult to enforce. She indicated that the requirement for submittal of an application at least 10 days prior to the event but not more than 180 days before the event is parallel to the parade and public assembly ordinance due in large part to the fact that staff anticipates many of the applications, for waiver of the open container ordinance will be in conjunction with a parade or public assembly permit. She indicated that civic clubs may obtain a license from the State of Montana to sell beer and wine at special events or may hire an establishment with a catering license; and the only control the City has over such issuance would be under the permitting process. The Staff Attorney stated that a conversation with Marilyn Tracz, Downtown Bozeman Association, revealed her vision for the proposed summer events is that drinks would be sold from a single outside vendor. She suggested that, under this mechanism, there could be controls on the number of drinks sold to an individual and steps could be taken to ensure that those under 21 years old are not served. She cautioned, however, that the more cOntrols and regulation, the greater the City's liability; if the City is simply permitting an event, it incurs no liability. Mrs. Claudine Eckes, 2201 Maplewood Drive, questioned if making alcohol available on the street will make Bozeman a better place to live, whether it promotes the general welfare of the community, and who will benefit from the change. She voiced concern about a broad public policy that encourages alcohol consumption, particularly in light of the number of alcohol-related arrests and crimes listed in the newspaper on a regular basis. She concluded by stating the citizens deserve something better and more beneficial from an ordinance enacted by the City Commission. Ms. Shelly Johnson, Interim Director of Alcohol and Drug Services of Gallatin County, voiced concerns about the proposed ordinance revisions. She noted their agency provides much-needed prevention and education services regarding alcohol and drug use and abuse for both youth and adults. She stressed that family-oriented social events don't need to include alcohol. She cited the numbers of drug and alcohol cases handled each month, noting that Bozeman is the third highest in the state, behind Missoula and Billings. She also cautioned that street drinking will be very difficult to monitor and enforce. She concluded by strongly recommending that the Commission not adopt this ordinance. Ms. Cheryl Walter, Coordinator of the communities that Care Coalition, stated sending the message that one can only have fun when alcohol is involved is the wrong message, and adults should provide a better role model. She noted that, personally, she has Patronized events without alcohol and avoided those events where alcohol is served as a way of setting an example for her children. She encouraged the Commissioners to consider the ramifications of adopting this ordinance and its impacts on the City and the youth in the community. Mr. Zach Anderson, co-owner of the Soup Garage, stated the downt°wn merchants are trying to find ways to compete with big box stores and franchise restaurants.and retailers, and-special evening events to attract people to the downtown area are one way to do so. He noted that the only way to do this successfully is to generate revenues 'to cover the costs of the events, and they have identified the sale of beer as a method of generating those revenues. He. stressed that the events they are proposing will be on one block only and will be done by 9:00 p.m., and their desire is to create a family atmosphere during those events. Ms. Betsy Webb, Bozeman Underage Drinking Reduction, Institute for Public Strategies, stated she is a parent of three school-age children and works with Alcohol and Drug Services. She stated that she is not opposed to drinking beer and wine in appropriate places; however, their consumption is not appropriate at events on City streets. She cautioned that relaxing restrictions is simply asking for problems. She stressed the importance of role models who reflect healthy alternatives to drinking; and those who choose to drink at this type of event can simply go to one of the bars in the downtown area, have a drink and return to the event. She concluded by stating, this is a Bozeman issue and not just.a downtown issue and encouraged the Commission to not adopt this Ordinance. Ms. Holly Andersenl 10 North Willson Avenue, stated she lives above The Cannery and is concerned about both personal and public safety issues. She currentlywitnesses many people dri.nking and 03-25-2002 5- milling around on Main Street. Because of her concems about adding opportunities to drink on the street, she encouraged the Commission to not adopt this ordinance. Mr.. Mike Hope, 322 North 20th Avenue, stated he is one of those who Proposed the downtown street activities. Their intent was to hold. those activities dUring the summer, when MSU is'not in session, to attract people downtown, particularly while installation of fire service lines and sidewalk replacements are underway. 'He stressed that these events are to be family oriented and will hopefully include the Montana Ballet and various music groups. He indicated that his business carries $2 million in liability insurance, and they will not be selling alcohol to anyone who is not physically present at the sales area. Also, on each Monday following an event, those involved are to meet at the Downtown Bozeman Association office to discuss any concerns and identify ways to make the events better. He stressed that alcohol is in society, and positive role modeling in this type of situation is very important. He concluded 'by stating that those promoting the street events are simPly trying to do something positive for Bozeman. Mr. Dean Coleman, President of the Downtown Bozeman 'Association, stated the DBA is not sponsoring the ordinance and doesn't feel that strongly about it; rather, they have indicated they will support their members who have requested the opportunity to conduct street events to promote the downtown area. He noted there are times now when alcohol is on the streets, and the DBA supports controls on the serving and consumption of alcohol in public places. He concluded by noting that downtown businesses will be affected by what happens in conjunction with these events, and it is important to ensure that everyone enjoys the events in order for them to be successful. Ms. Marilyn Tracz, Executive Director of the Downtown Bozeman Partnership, stated everyone in the room agrees on the imPortance of preserving the quality of life in Bozeman, and her organization's purpose is to encourage, promote and engage in activities and projects that contribute to the well-being of Bozeman. She indicated that the DBA supports those businesses trying to create a family-oriented event, such as music in the streets augmented with activities for the children. She stated the ordinance as proposed Would help control the use of alcohol by giving organizers a way to prohibit inappropriate use. She concluded by encouraging approval of this ordinance. Ms. Linda Hill, Gallatin County MADD, voiced concern that the perception being projected to children is that an event cannot be a great one unless alcohol is included: She stated that, as a mother of small children, she avoids events where she knows there will be open containers on the street. She stated that she has lived in all parts of the country and has seen other communities making tremendous progress in setting a healthy attitude. She noted, however, that alcohol consumption is a huge problem in Montana and that communities need to become more progressive. She concluded by voicing support for postponing action on this ordinance. Ms. Katie Bark, 1705 Willow Way, stated she is concerned that adoption of this ordinance will result in a greater presence of alcohol at community events. She cited the blatant presence of alcohol at the Icedog hockey games as bad for the small children who attend, and an example of what not to do at the proposed street events. Commissioner Youngman suggested that the Commission may want to fine-tune the ordinance, based on the public comment received, prior to considering its final adoption. She also suggested it may be beneficial for representatives of both sides to sit down with a Commissioner and the Staff Attorney in an informal conversation to see if revisions acceptable to both sides can be identified. Commissioner Brown stated he has concerns about the ordinance as written. He acknowledged that everyone has seen people drinking on the sidewalks along Main Street at various times. He voiced his desire to take time to deliberate and to consider whether including a mandatory review or sunset provision would be appropriate. In response to Mayor Kirchhoff, a majority of the Commissioners voiced a desire to delay action on this ordinance for two weeks. They also agreed that a facilitated discussion should be held, and set 2:00 p.m. on Thursday afternoon for that session. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that action on final adoption of Ordinance No. 1560 be tabled to the April 8 meeting. The motion carried by the following Aye 03-25-2002 and No vote: thOse voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Youngman and Mayor Kirchhoff; those voting No being Commissioner Cetraro. Break - 4:00 to 4:10 p.m. Mayor Kirchhoff declared a break from 4:00 p.m. to 4:10 p.m., in accordance with Commission policy. Informal review - Allison Subdivision, Phase III - subdivide approximately 52 acres into 34 to 40 single-family residential lots (west of Allison Subdivision, Phase II, and Fig.qins Addition, east of South 11th Avenue extended, south of Arnold Street) Included in the Commissioners' packets was a memo from Assistant Planner Jami Morris forwarding the pre-application for Allison Subdivision, Phase III. Assistant Planner Jami Morris gave a brief overview of the pre-application for the Allison Subdivision, Phase III, preliminary plat. She noted thatthe applicant is proposing to subdivide approximately 52 acres located between Figgins Subdivision and South 11th Avenue extended into 37 to 40 lots. She noted that Figgins Creek traverses the property. She indicated that, in conjunction with Phases I and II, 2.75 acres of wetland area were set aside for parkland dedication; and the applicant proposes to dedicate 1.3 acres for a linear trail on the east side of the property with this phase. The alignment of South 11th Avenue is on the west line of this property, and the ditch must either be realigned or piped for the street to be constructed in its standard location. The Assistant Planner briefly highlighted some of the comments forwarded by staff during their review of this pre-application. Those comments include possible relocation of the proposed linear trail, the requirement that stormwater detention ponds be located a minimum of 35 feet from the stream setback, and timing of the construction of South 11th Avenue. Mr. David Jarrett, applicant, asked for Commission comment on the subdivision as initially proposed. He noted that the packet of information submitted contains twelve possible layouts and asked for Commission input on those. He drew attention to the first page, which depicts a cul-de-sac format. Mr. Jarrett stated it is their intent to put twelve to fourteen lots on the market at a time, noting his son has built many of the houses in the previous phases. Mr. Jarrett acknowledged that South 11th Avenue will need to be constructed, and he is willing to construct it at the appropriate time; but he does not believe that in conjunction with this phase is the proper time. Mayor Kirchhoff stressed the importance of the street layout in creating a sense of neighborhood. He also identified providing the right-of-way and construction of South 11th Avenue as critical elements. He then indicated that rather than considering just small snapshots, it would be better to consider a master plan for the remaining undeveloped land in the Allison Annexation. Mr. Jarrett responded that he. has contracted with BonTon, Inc., to purchase the subject property, and he does not control the remainder of the annexation. He also noted that other parties must be involved in the development of South 11th Avenue, including Montana State University. Commissioner Brown stated he wants to see South 11th Avenue extended but realizes that it is premature at this time. He indicated, however, it is imperative to ensure that any development does not encroach into the right-of-way for that future street. Mayor Kirchhoff stated that to' ensure the development of a cohesive neighborhood, he believes a block pattern is essential, with the blocks being regular length whenever possible. He also noted the Bozeman 2020 Community Plan discourages the use of cul-de-sacs except where they are'needed because of topography. 03-25-2002 -7- Mr. Jarrett responded that the floodway and school property create problems for doing a typical street grid. He then noted that he has attempted to design a subdivision that provides.for the least costly infrastructure possible, since he is attempting to provide some relatively affordable housing. Responding to Commissioner Brown, Mr. Jarrett stated that Option Nos. 8, 9 and 12 provide the mostcost effective infrastructure designs. CommissionerYoungman forwarded her recollection that during consideration of the last phase, the Commission indicated it would not consider any further phases for development without the right-of-way for South 11th Avenue and its connection to Kagy Boulevard. She noted that, even if the Commission was not firm at that time, she feels it is critical at this time. She then 'identified concerns with the current traffic problems on Arnold Street, particularly around the school, and stated she does not want to further compound those problems with traffic from this phase. Commissioner Y0ungman indicated that any of the twelve proposed layouts may work well, except that cul-de-sacs aro contrary to the Bozeman 2020 Community Plan, and it is important to provide connections between this subdivision and adjacent subdivisions. She voiced concern that the Commission has not been provided a conceptual plan for development of the remainder of Allison Annexation. She then stated she is concerned about the lot sizes, since the odginal concept for this subdivisiOn was as a starter subdivision with very small lots. Mr. Jarrett responded that the proposed lot sizes range from 7,100 to 13,000 square feet, and getting away from the grid street system has allowed them to have a variety of lot sizes. He then indicated that the houseS:in the previous phases are a step above starter homes, ranging in cost from $195,000 to $27O,0OO. CommisSioner Youngman stated her biggest concern is what happens to the ditch/stream, particularly in light of the removal of over 900 trees and bushes last summer. Mayor Kirchhoff asked the Commissioners to provide any additional feedback on this subdivision to the Planning staff. Informal review - Story Mansion Subdivision - aq.qregate 26 lots into 9 lots and relocate lot lines, convert existing mansion and carriage house into two sin(lie-family residences and construct seven additional dwellinq units - block bounded by South Willson Avenue, South Grand Avenue, West Colleqe Street and West Harrison Street Included in the Commissioners' packets was a memo from Assistant Planner Jami Morris forwarding the pro-application for a major subdivision and a concept plan for a planned unit development for the historic Story Mansion, located at 811 South Willson Avenue. Letters regarding this proposal from the Miles City Preservation Officer, Bozeman Beautification Advisory.Board, Kenneth M. Cooper, Derek Strahn, Kathryn Kelly and the Bozeman Historic Preservation Advisory Board were also included in the packet or distributed just prior to the meeting. Assistant Planner Jami Morris gave an overview of the proposed aggregation of 26 lots into 9 lots, with seven additional dwelling units to be constructed on the block that houses the historic Story Mansion. She noted that the Development Review Committee and the Design Review Board have reviewed this application, and their comments are included in the staff report. She noted that those include designating additional open space for the entire development, and that it be set aside with Lot 1. Staff has also recommended that one lot on South Grand Avenue be eliminated, to more closely mirror development across the street, and that the lot at the corner of South VVillson Avenue and West Harrison Street be eliminated. She noted that staff is also proposing an alley to access the houses on South Grand Avenue and the elimination of driveway accesses to help maintain the character of the area and to eliminate traffic congestion. Also, staff has recommended the size of the homes on South Grand Avenue be reduced. Finally, staff has recommended that no new construction be allowed on the property until after restoration of the Story Mansion and the carriage house has been completed. 03-25-2002 -8- The Assistant Planner noted that the Montana inventory for this property identifies its historic elements, and notes this property is a contributing element to the historic district. She noted that several historic agencies have voiced preference for no additional development on this subject property. Mr. Dan Kamp, architect representing the applicant, showed some renderings of the proposed development of this property. He noted their first step was to look at the property and determine what is the worst that can possibly happen on the site and how it can be prevented. Mr. Kamp recognized that the Histodc Preservation Advisory Board and the Design Review Board have identified some very valid concems. He noted that, in an ideal wodd, someone would totally restore the site to its original state, with no additional development. In reality, however, this historic structure is constructed on what was originally platted as 26 city lots. What could happen to the property as it stands now is the sale of those lots not currently built on and construction of houses in a manner that could detract from the historic mansion. He understands the argument to leave open space on all sides of the existing mansion. Mr. Kamp stated that he looked at the unique elements of the mansion that should be saved at all costs. Those include the view from South VVillson Avenue and the view from the intersection of West College Street and South VVillson Avenue. Also, the architecture of the structure and the stable are to be protected and preserved. Mr. Kamp stated that, in addressing these issues, he has developed a proposal that includes incorporating the open space between the mansion and West College Street into the lot on which the mansion sits. He noted that to split this portion of the site from the remainder of the block will reduce the purchase price and hopefully attract someone who will purchase the property and restore the structural integrity and appearance of the site. He proposed dense landscaping behind the mansion, with the lush vegetation providing an attractive backdrop and hiding the houses constructed behind it. Mr. Kamp turned his attention to the proposed houses along South Grand Avenue and the access to those houses. He stated that under his original proposal, three shared driveways are to serve the six homes, in an effort to reduce accesses onto the street. He concluded by noting that, to preserve the mansion to the greatest extent possible, the applicant has agreed to pursue a planned unit development for this site. Mr. Joby Sabol, attorney representing the applicant, noted the most immediate concerns revolve around the new homes along South Grand Avenue. He stated they have done their best to provide a transition between the mansion and the houses immediately across the street, matching them in size and number to the greatest extent possible. He noted that, during some of the previous reviews, the idea of an alley to provide access tothose homes had been suggested. He cautioned that the mansion straddles a portion of the original alley, and noted one alternative might be to provide partial alleys from the streets on either end. He asked for input on the proposed plan and the possibility of a planned unit development that provides a cohesive development and design for the entire property and includes architectural controls. Responding to Commissioner Hietala, Mr. Sabol acknowledged there is no guarantee that the mansion will be renovated to a certain level of integrity. He noted that requiring restoration of the home before issuing building permits for other lots is one alternative, but he asked that other alternatives be identified if possible. Commissioner Hietala stated he would prefer to see the mansion restored as part of the overall plan for this property. Mr. Sabol acknowledged that restoration of the mansion and carriage house with no other development on this property would be optimum, bUt it is important to deal with practicality. Commissioner'Cetraro stated that a'plan which includes renovation of the mansion and carriage house is preferable to having the buildings sit vacant and 'eventually fall down. Mr. Sabol noted that, in the short time that the mansion has been uninhabited and Used on a limited basis by the SAE fraternity, some of the windows have been broken out. 03-25-2002 -9- Commissioner Youngman stated support for the recommendations from the Historic Preservation Officer, including reducing the number of lots on South Grand Avenue and eliminating'the proposed Lot 2 on West Harrison Street. She also noted the mature vegetation should be preserved. She cautioned that, as more development occurs on an historic site, less grant monies becomeavailable to assist in restoration of the historic structure. She stated she is uncomfortable with no guarantee regard!ng the mansion itself, voicing support for staffs recommendation that no additional building be allowed on the property until the mansion is restored. She indicated a willingness to consider a specific development plan, but she is uncomfortable with the vagueness of the plan now before the Commission. Commissioner Brown stated he is willing to work with the applicant on development of the site, indicating that he would consider deviations to items such as size of lots and setback requirements, particularly s!nce the development across South Grand Avenue includes smaller houses on smaller lots than proposed on this site. He voiced concern about restoration of the mansion, suggesting the possibility of · requiring monies in escrow or an agreement to ensure that restoration. He concluded by acknowledging it will be difficult 'to complete restoration of the mansion and carriage house prior to allowing development of the remainder of the site. Mayor Kirchhoff voiced an interest in receiving documentation that the applicant has exhausted all opportunities to restore the subject property. He suggested that the property be marketed on a broad scale, noting that someone outSide the area could be interested in restoration to its original state. He stressed that this is one of three such properties in the state, and he is hesitant to proceed with any proposal to change the site without all other options first being exhausted. He noted that if the only way to make restoration of the mansion work is to subdivide the South Grand Avenue side of the property, it would be reasonable to include strong language regarding restoration of the mansion. He stated the proposed Lot 2 must be eliminated, and that the frontage along South Willson Avenue be preserved. Mr. Joby Sabol thanked the Commissioners for their input, indicating it will be taken into consideration as they move forward with plans for this site. Presentation re request for support of ~rant application for spay/neuter pro.qram -Ellen Kinq ROgers Ms. Ellen King Rogers distributed to the Commissioners a packet of information from the Montana Spay/Neuter Task Force. She noted that she has been actively involved with the local Humane Society for the past five or six years and is currently President of Montana Shares, which includes the Montana Spay/Neuter Task Force. She noted that organization has spayed and neutered 1.1,000 animals free of charge over the past five years. · Ms. Rogers requested that the City either endorse or co-host with the County a community event for spaying or neutering of animals that.is funded through grants. She stated that during this event, an average Of 250 animals can be spayed or neutered each day, and this event would result in a reduction of unwanted and neglected animals in the community. She characterized this as an'edUcational process, noting it includes working with schools to educate the children. Ms. Rogers noted that in Ravalli County, the CommissiOn created a "Love Your pet Week", and several other counties and cities are becoming involved and inviting the spay/neuter clinic to their areas. She indicated that these clinics are part of an annual "Pet Care Week", and local veterinarians are invited to work. with those from the task force who travel to the various communities. '.She noted the result is reduced costs for the City _and the County, fewer strays, fewer unwanted animals that people are trying to give away and more adoptions through the local Humane Society. She stated that after the first year's large spay/neuter clinic, a two-day cleanup could be held every couple years. Ms. Rogers stated that the Animal Control Officers from both the City and County have indicated support for this proposed clinic, and so has the Undersheriff. She noted that, if the City and County choose to endorse rather than co-host this event, she will approach the high school or a youth group to host it; and then she will proceed with publicity for the event. She stressed that the services are free of charge, although she suggested that housing for the veterinarians and a donation of a site for the clinic would be beneficial. She noted that the location must include a waiting area, a preparation area, an area for six 03-25-2002 -10- operating tables and a recovery area, and suggested that two buildings at the Fairgrounds would work well. She indicated that young people could stay with the animals through their recovery, and this process would teach them the value of life. She then noted that the proposed clinic would be held in Bozeman the last week of September. Responding to Mayor Kirchhoff, Ms. Rogers stated that these spay/neuter clinics are for cats and dogs only at this time. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the Commission support the proposed spay/neuter program and agree to co-sponsor the event with the County. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala and Mayor.Kirchhoff; those voting No, none. Ms. Rogers indicated that she will create a committee in preparation for the spay/neuter clinic. Animal Control Officer Connie Lien indicated her willingness to serve on this committee as the City's representative. Appointment of task force for draftinq of. ordinance regulating development of "big box" projects Included in the Commissioners' packets was a list of nominees for the proposed task force for drafting of an ordinance regulating development of "big box" projects. During review of the list of eighteen nominees for the task force, individual Commissioners deleted three of the nominees they had forwarded, recognizing that others on the list have similar backgrounds. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the following fifteen people be appointed to the taSk force for drafting of an ordinance regulating development of "big box" projects: Ben Alexander, Ashley (Ogle) Brandt, Van Bryan, Jerry Cashman, Mary Jane DiSanti, Dan Guggenheim, Mike Hope, Dave Johnson, ¥onda Laird, Paul Nix, Bill Ranard, Jeff Rupp, Sandra Smiley, Lowell Springer and Connie VanderJagt. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro, CommissionerYoungman, Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No, none. Commissioner Youngman aSked if the alternatives given dudng the public hearing should be forwarded to the task force, along with the pros and cons that have been identified to date, with a packet of information to be provided prior to their first meeting. The Commission chose to discuss this issue later in the meeting. Recess - 5:50 p.m. Mayor Kirchhoff declared a recess at 5:50 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings and completing the routine business items. Reconvene - 7:00 p.m. Mayor Kirchhoff reconvened the meetingat 7:00 p.m. for the purpose of condUcting the scheduled public hearings and completing the routine business items. Public hearinq - preliminary plat for Lowe's Subdivision - subdivide 40 acres described as Tract JA, COS No. 121 SA, and Tracts A and B, COS No. 1215C, into 5 commercial lots - Morrison-Maierle, Inc., for Philip Saccoccia, Jr. (east of North 19th Avenue between Baxter Lane and TschaChe Lane) (P-02009) This was the time and place set for the public hearing on the preliminary plat for Lowe's Subdivision, as requested by Morrison-Maierle, Inc., for Philip Saccoccia, Jr., under Application No. P-02009, to 03-25-2002 -11 - subdivide 40 acres described as Tract lA, Certificate of Survey No. 1215A, and Tracts A and B, Certificate of Survey No. 1215C, into 5 commercial lots. The subject property is located east of North 19th Avenue between Baxter Lane and Tschache Lane. Mayor Kirchhoff opened the public headng. Assistant Planner Jami Morris indicated that, due to an errOr in the notice for the hearing before the City Planning Board, that hearing was rescheduled for April 2. As a result, this hearing is to be continued to April 8. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the public hearing be continued to April 8, to give the City Planning Board an opportunity to conduct its public hearing and forward its recommendation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Public hearincl - Conditional Use Permit for Planned Unit Development - establish unified plan for architectural and landscape plans for future development of five-lot commercial complex on approximately 40 acres described as Tract t A, COS No. 121 SA, and Tracts A and B, COS No. 1215C, and allow relaxation of zoning regulations as follows: (1) from Section 18.34.060, to allow building heights to exceed maximum permitted roof height but not to exceed 48 feet; (2) from Section 18.34.020, to allow uses not identified as principal permitted uses; (3) from Section 18.$0.030.D., to allow concurrent installation of infrastructure improvements and construction of a specific project; (4) from Section 18.65, to allow one pole-mounted sign to exceed allowable height by 15 feet and allowable area by t 30 square feet, one pole-mounted sign to exceed allowable height by 7 feet and allowable area by 32 square feet, and one monument sign to exceed the allowable height by 6 feet and allowable area by 32 square feet; and (5) from Section 18.50.035.A., to allow a light standard that does not conform to requirement prohibiting luminaires and lenses to protrude below edge of light fixture - Morrison-Maierle, Inc., for Philip Saccoccia, Jr. (east of North 19th Avenue between Baxter Lane and Tschache Lane) (Z-0202t) This was the time and place set for the public hearing on the Conditional Use Permit for Planned Unit Development, as requested by Morrison-Maiede, Inc., for Philip Saccoccia Jr., under Application No. Z-02021, to establish a unified plan for architectural and landscape plans for future development of five-lot commercial complex on approximately 40 acres described as Tract lA, Certificate of Survey No. 1215A, and Tracts A and B, Certificate of Survey No. 1215C. The subject property is located east of North 19th Avenue between Baxter Lane and Tschache Lane. In conjunction with this application are requests for relaxation of zoning regulations, as follows: (1) from Section 18.34.060, to allow building heights to exceed maximum permitted roof height but not to exceed 48 feet; (2) from Section 18.34.020, to allow uses not identified as principal permitted uses; (3) from Section 18.50.030.D., to allow concurrent installation of infrastructure improvements and construction of a specific project; (4) from Section 18.65, to allow one pole- mounted sign to exceed allowable height by 15 feet and allowable area by 130 square feet, one pole- mounted sign to exceed allowable height by 7 feet and allowable area by 32 square feet, and one monument sign to exceed the allowable height by 6 feet and allowable area by 32 square feet; and (5) from Section 18.50.035.A., to allow a light standard that does not conform to requirement prohibiting luminaires and lenses to protrude below edge of light fixture. Mayor Kirchhoff opened the public hearing. AsSistant Planner Jami Morris presented the staff report. She stated that this planned unit development is to allow the development of ten building sites under a unified plan. She noted that a stream/ditch is located on the east side of the property, and a trail corridor is proposed along the west side of that waterway. She gave a very bdef overview of the five requested relaxations to the zone code requirements that are being sought in conjunction with this application. 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 highlighted those findings and forwarded staff's recommendation for approval, subject to 44 conditions. 03-25-2002 12- Planning Director Epple stressed that this application is for the entire planned unit development proposal with no specific proposal for development on any lot within the PUD; rather, the development of Lot 1 is the subject of a later agenda item. Responding to Commissioner Youngman, the Assistant Planner reviewed some of the recommended conditions of approval, particularly those recommended by the Design Review Board. Mr. Keith Belden, consulting engineer representing the applicant, stated concurrence with the staff report and the conditions as recommended. He then gave a brief history of the subject property and the North 19th Avenue corridor, beginning in the early 1990s when this landowner and the adjoining landowner participated in a special improvement district for the construction of North 19th Avenue between West Oak Street and Baxter Lane. That road was opened in 1995 and, in the spring of 1996, three adjoining landowners sought a master plan amendment that was put on hold for a year while the North 19th AvenueNVest Oak Street master plan was'developed. Subsequently, the landowners in that immediate area participated in the construction of a water main that tied together two systems and three pressure zones, and also participated in signalization of the intersection of North 19th Avenue and Baxter Lane. The applicant is now before the Commission with a planned unit development proposal that complies with the Bozeman 2020 Community Plan, which designates this area for regional commercial development. Mr. Art Wittich, attorney for the applicant, stressed the importance of recognizing this is a landowner issue. He noted that his client has invested in a 40-acre parcel, participating in the improvements necessary to convert it from agricultural land to commercial development. He stated that his client has followed the rules to develop this property and is now facing a possible moratorium on big box stores and an economic impact study. He identified a number of legal theories that could become involved in this process, including statutory authority, constitutional principles, takings, and the commerce clause. He also argued for equity, particularly in light of the fact that the Home Depot project and the Lowes project entered the City system at essentially the same time, and Home DePot has recently received its approval. Mr. Wittich indicated his client is willing to accept the same mitigation condition that was negotiated with Home Depot for any development on Lot 1. His client is further willing to delay construction on that lot if it is to be a large home improvement store. He concluded by stating the alternative is unacceptable, wrong, unfair and illegal. Mr. Richard Smith, 2916 South 3rd Avenue, noted that if the applicant had sought approval of his planned unit development when the North 19th Avenue corridor was first opened, he probably would have received it. He noted that the history provided by Mr. Belden reveals this applicant has made all the necessary improvements to allowfor development of this site, and it is unfortunate that he is being penalized because he waited until he attracted an anchor tenant before proceeding. He stressed the importance of recognizing that an anchor tenant is needed to attract other businesses in this type of deVelopment. He concluded by expressing concern that this applicant is potentially being penalized for having waited to prepare the best plan possible for Commission-consideration. Planning Director Epple noted that, in his memo dated March 21, Assistant City Manager'Ron Brey has recommended the addition of Condition No. '~,5, which clarifies that approval of this planned unit development is not approval of a specific development proposal for Lot 1. He then suggested a modification to that condition, to include the phrase "unless specifically exempted in Ordinance No. 1561." Mr. Wittich asked that the Commission consider the two additional conditions 'he had proposed, so the landowner has assurance that he can develop Lot 1 of the planned unit development. Planning Director Epple stated the conditions proposed by Mr. Wittich apply to Lot1 specifically, rather than to the entire planned unit development being considered at this time. As a result, he suggested the requested conditions would be mOre apprOpriately considered in the subsequent agenda item. City Manager Johnson stated that, as a result of his meeting with Dr. Saccoccia on Friday, it is his understanding a large box store is to be developed on the property, but not necessarily Lowe's..He indicated that the applicant's proposal is to get approval for a large store, with the condition that if that store is to be a hardware type store, it will have a deferred building permit. )3-25-2002 Break - 7:40 to 7~-47 p.m. Mayor Kirchhoff declared a break from 7:40 p.m. to 7:47 p.m., in accordance with Commission policy and in response to a request from the applicant. Public hearing (continued) - Conditional Use Permit for Planned Unit Development - establish unified plan for architectural and landscape plans for future development of five-lot commercial complex onapproximately 40 acres described as Tract 1 A, COS No. 121 SA, and Tracts A and B, COS No. 1215C, and relaxation of zoning regulations - Morrison-Maierle, Inc., for Philip Saccoccia, Jr. (east of North 19th Avenue between Baxter Lane and Tschache Lane) (Z-02021). '~RespOnding to the applicant, Mayor Kirchhoff stated that if the CommiSsion accepts the conditions proposed, he views it as undermining part of the interim ordinance. Commissioner Brown stated that the proposed additional conditions pertain to the Lowe's portion of the application, which is not being considered at this time. As a result, he stated he is not prepared to consider the applicant's proposal under this agenda item. Commissioner Youngman voiced her concurrence, noting that the Commission was clear in its direction a couple of weeks ago and its intent that the interim ordinance would apply to all big box development. She then noted that the proposed big box store in this development is 60 percent bigger than the one approved two weeks ago, which results in dramatically greater impacts and, if it is similar in nature to the one previously approved, the cumulative impacts will be even bigger. She stated that developing, a system for identifying those impacts and needed mitigations is precisely the purpose of the proposed interim ordinance. Commissioner Hietala noted that the Home Depot proposal included a reduced size building and asked if this applicant would be willing to do the same. He suggested that the applicant's proposal to delay construction for a year may be worth consideration. Commissioner Youngman stated she cannot support approval for a big box store on Lot 1 at this time Without knowing what type of store is involved and without the appropriate identification of impacts and mitigation. At Commissioner Brown's request, Assistant Planner Morris reviewed each of the five requested relaxations, as follows: (1) From Section 18.34.060, to allow building heights to exceed maximum permitted roof height but not to exceed 48 feet. This is a blanket relaxation for the entire planned unit development, to allow roofs or portions of roofs to exceed the 40-foot height limitation in the underlying zoning districts. (2) From Section 18.34.020, to allow uses not identified as principal permitted uses. Since this property is partially zoned "B-2", Community Business, and partially zoned "M-I", Light Manufacturing., this relaxation would allow for uses allowed in one district to be located in the other zoning .district within this development. The Planning Director noted that the Bozeman 2020 Community Plan identifies this area as regional commercial, and allowing more of those uses in this development would be appropriate. (3) From Section 18.50.030. D., to allow concurrent installation of infrastructure improvements and construction of a specific project. This request is in compliance with the zone code requirements. (4) From Section 18.65, to allow one pole-mounted sign to exceed allowable height by 15 feet and allowable area by 130 square feet, one pole-mounted sign to exceed allowable height by 7 feet and allowable area by 32 square feet, and one monument sign to exceed the allowable height by 6 feet and allowable area b.y 32 square feet. Assistant Planner Jami Morris drew the Commissioners' attention to the slgnage plan in the submittal binder. She 03-25-2002 -14- stated that the preliminary plat for this development will subdivide the property into five lots and, under the zone code, a total of 2,000 square feet of signage will be allowed for the entire development. The proposed wall-mounted signage is in compliance with the code; however, the applicant is seeking a total of 340 square feet more in the three large signs than is'allowed under the code. She indicated that staff is recommending the overall signage in the development not exceed the code limitation. She then reviewed the heights and sizes of each freestanding sign, all of which exceed the code size and height limitations by 1 ~ to 2 times. She noted, however, that the signs do identify the anchor tenant as well as other tenants within the development, similar to the existing signs for Bridget Peaks and The Gallatin Center, and staff feels they are acceptable. She also indicated that the signs are to meet the setback requirements. (5) From Section 18.50.035.A., to allow a light standard that does not conform to requirement prohibiting luminaires and lenses to protrude below edge of light fixture. The applicant has proposed a lantern style light similar to those in the downtown and the Bridget Peaks Town Center, which do not comply with the zone code. The Assistant Planner stated that staff is requiring a metal louvre in the light fixtures which directs the light downward from these lights. In light of the review, Commissioner Brown indicated he has no problem with the requested relaxations and noted that the plan will result in a more unified development. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Conditional Use Permit for Planned Unit Development, as requested by Morrison-Maiede, Inc., for Philip Saccoccia Jr., under Application No. Z-02021', to establish a unified plan for architectural and landscape plans for future development of five-lot commercial complex on approximately 40 acres described as Tract lA, Certificate of Survey No. 1215A, and Tracts A and B, Certificate of Survey No. 1215C, be approved subject to the conditions listed below, and that the following requested relaxations of the zoning regulations be approved: (1) from Section 18.34.060, to allow building heights to exceed maximum permitted roof height but not to exceed 48 feet; (2) from Section 18.34.020, to allow uses not identified as principal permitted uses; (3) from Section 18.50.030.D., to allow concurrent installation of infrastructure improvements and construction of a specific project; (4) from Section 18.65, to allow one pole-mounted sign to exceed allowable height by 15 feet and allowable area by 130 square feet, one pole-mounted sign to exceed allowable height by 7 feet and allowable area by 32 square feet, and one monument sign to exceed the allowable height by 6 feet and allowable area by 32 square feet; and (5) from Section 18.50.035.A., to allow a light standard that does not conform to requirement prohibiting luminaires and lenses to protrude below edge of light fixture. Applicant shall submit, along with the final site plan application, an economic impact study, including mitigation strategies for any negative impacts. Unless otherwise provided, such information shall include an economic impact study prepared by qualified professional(s) that contains, at a minimum: a) b) c) d) e) a report on growth and the rate of growth anticipated for the City and region, both without the project and with the project as proposed; a report which quantifies the impacts such growth, including growth accelerated or attracted by the proposal, will have in the area; a report on the associated costs and benefits of such growth, and the ability of the City to accommodate such growth; a report on the additional costs of public services and facilities caused directly or indirectly by the project, and the impacts on the ability of the City to provide municipal or governmental services'; a report on the provision of needed and balanced housing accessible to existing or planned development, both without the project and with the project as proposed; a report on plans and strategies for adapting the building for re-use in the event of closure, including a closure plan describing how the 03-25-2002 10. 11. 12. g) h) propertywill be disposed of, re-used, demolished, made available for other uses, or otherwise reclaimed; a report on the impacts of the Project's approval on the job market in Bozeman and Gallatin County, including a comparison of wages and benefits of existing businesses, and an analysis of the effects of the project's approval on wages and benefits of existing businesses; and a report demonstrating applicant's plan to reduce or eliminate adverse impacts identified in the analysis including, but not limited to, any burden on the ability.of the City to provide municipal or governmental services. The boulevard trees along Baxter Lane, Tschache Lane and the private through street shall be planted with phase one of the development. The landscape islands on the south end of the Lowe's parking lot shall be widened and provide at least one landscape grouping in each island. The pitched roof over the entrance shall be at least 10 feet bigger in depth. The final site plan for the planned unit development shall dePict less parking along the east and west sides of the. private street and increase the landscaping to create a sense of entry into the development. The pedestrian corddor connecting to the entrance of the Lowe's building shall be enhanced (i.e., curb bulbs, additional landscaping). The final site plan shall depict the development of the open space areas with usable, permanent public open space features, to be reviewed and approved by Planning Staff. All new construction shall be reviewed against the architectural and developmental guidelines for the planned u.nit development. A site plan application shall be submitted for each building .site for review and approval from the applicable governing body (i.e., Development Review Committee, the Design Review Board and the City Commission). Additional landscapin'g, inCluding plant materials of varying size and species, shall be provided along the pedestrian corridors and within the landscape islands. One large canopy tree, one small tree and two large evergreen shrubs shall be provided for every fifty linear feet of parking. Boulevard trees shall be planted for every fifty feet of street frontage along Baxter Lane and Tschache Lane (the plan indicates Tam Juniper being planted in the boulevard, which is unacceptable). · Details shall be provided in the developmental guidelines and incorporated into building elevations for each site, indicating the actual size of the rooftop and ground- mounted mechanical equipment. All mechanical equipment must be fully screened from all aspects. If during construction the mechanical equipment mUst be changed for larger equipment then additional detail shall be provided to the Planning Office addressing a new method of screening the equipment. The stormwater detention pond and constructed ditches shall be designed in a more organic form and landscaped as a water feature with 6-inch river rock and wet root tolerant plant types. Not more than 1/3 of the front yards may be utilized for stormwater.detention/retention, the stormwater ponds shall not exceed 1% feet in depth and shall provide a maximum slope of 1:4. 03-25-2002 -16- 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. On-site wells shall be inStalled for irrigation purposes only. If the applicant is unable to receive a permit for an on-site well, then the applicant shall provide a letter of explanation from the appropriate agency. The final site plan shall be adequately dimensioned. 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 line or fire protection system. The applicant shall also provide professional engineering services for construction inspection, post-construction certification and preparation of mylar record drawings. 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 drive approach shall be constructed in accordance with the City's standard approach (i.e., concrete apron, sidewalk section and drop-curb) and shown as such on the final site plan. A City Curb Cut and Sidewalk Permit shall be obtained prior to final site plan approval. 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. 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. If construction activities related to the project result in the disturbance of more that 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. A grease interceptor shall be installed on the sanitary sewer service for any proposed restaurants. Design submittals for fire service lines shall be provided to the City for review and approval. Backflow protection on all fire and domestic water services is required with specific type dependent upon degree of hazard. Location of the fire and domestic service inside the building must be approved by the Water Superintendent. The final plat must be submitted with the final site plan. Approval for the final site plan for the planned unit development shall be contingent on final plat approval. All phasing proposed by the developer shall be depicted on the final site plan for the planned unit development. 03-25-2002 -17- 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. Cash in-lieu of water rights shall be paid prior to final site plan approval of the planned unit development. The applicant shall return a proposal/narrative addressing Section 1 Item Nos. 3a thru k of Ordinance No. 1532 with the final site plan submittal, and the applicant is hereby on notice that the City reserves the right to limit the scope for simultaneous Construction consideration based on available staff hours. structures of 50,000 square feet or more, or wholesale or retail uses of 50,000 square feet or more, are subject to the provisions of Ordinance No. 1561, if adopted, and as such shall not be permitted in this planned unit development at this time, unless specifically exempted in Ordinance No. 1561. If Ordinance No. 1561 is adopted, such uses and structures shall only be allowed at such time as the City Commission has rescinded the prohibitions contained in Ordinance No. 1561 or allowed those prohibitions to lapse. Any impact analysis and mitigation requirements, review procedures or other requirements in place' at the time Ordinance No. 1561 is rescinded or lapses will be applicable to any structures of 50,000 square feet or more, or wholesale or retail uses of 50,000 square feet or more, proposed to be located within this planned unit development. The applicant shall submit seven copies of the final planned unit develOpment plan for review by the Planning Department. The final plan must be approved prior to acceptance of the final plat. The applicant shall submit to the Planning Department a written narrative with the final planned unit development plan indicating how all conditions of approval and code provisions have been met. ,All subsequent buildings within the planned unit development shall undergo site plan review by the Development Review Committee and the Design Review Board prior to building permits being issued. The applicant shall apply for a sign permit from the Zone Code Enforcement Officer. The comprehensive sign plan shall be submitted for review and. approval by the Planning Department prior to issuance of a sign permit. The sign permit application shall be subject to the terms and regulations set forth in Section 18.65 of the City of Bozeman zone code, unless otherwise approved through the planned unit development. The right to a conditional use permit for the planned unit development shall be contingent upon the fulfillment of all general and special conditions imposed bythe conditional use permit proCedure. ... All special conditions and code provisions shall constitute restrictions running With the land; shall be binding upon the. owner of the land, his successors or assigns; shall be consented to in writing by the applicant prior to commencement of the use; and shall be recorded as such-with the-Gallatin County Clerk and Recorder~s Office by-the property owner priorto the final planned unit development plan approval or commencement of the use. All of the conditions and code provisions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, his successors or assigns. per Section 18.62.090, "Building Permits and Installation of Improvements", an Improvements Agreement 'must be signed by the applicant/owner prior to final planned Unit development, plan approval. If occupancy, of any building is to occur prior to completion of all required improvements, the Improvements Agreement must be financially guaranteed. 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 03-25-2002 -18- 38. 39. 40. 41. 42. 43. 44. 45. 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. 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 prior 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. Per Section 1'8.54.110. F "Greenway Corridor Landscape Standards", in addition to one large boulevard tree for every 50 feet of street frontage, the 50-foot greenway corddor (along Baxter Lane) shall be characterized by an informal vegetative planting of four evergreen and deciduous trees, two small ornamental trees and six deciduous and/or coniferous large shrubs, of which half will be flowering shrubs, for every one hundred feet of street frontage. Additional landscaping shall be provided for within the front yard setback along Baxter Lane and Tschache Lane. Per Section 18.54.110.F "Greenway Corridor Landscape Standards", the development shall provide a minimum of ten large and small trees, two small ornamental trees, six large shrubs, six large flowering shrubs, twenty small shrubs and twenty small flowering shrubs for every 100 feet of street frontage. Per Section 18.49.060.C.2.b-e "Parking Lot Screening Required", additional landscaped areas shall be provided between the linear rows of parking to meet the parking lot landscaping requirements and to prevent motorists from cutting through the parking lot. A trash enclosure detail for the development shall be provided in the final site plan and the developmental guidelines. Section 18.50.035 "Trash Enclosures" requires a permanent enclosure for temporary storage of garbage, refuse and other waste materials for every use, other than single-household dwellings, duplexes or individually owned townhouse or condominium units, in every zoning district, except where a property is entirely surrounded by screen walls or buildings. The City of Bozeman shall be party to and approve any proposed modifications to the approved final site plan, covenants and developmental guidelines. 'Any major changes will require approval by the City Commission. Per Section 18.54.050.C "Final Plan Review and Approval", major changes to a planned unit development shall be approved by the City Commission and must follow the same .planned unit development review and public hearing process required for the approval of preliminary plans. Major changes are defined as a change in the character of the development; an increase of greater than two percent in the improved gross leasable floor areas of retail, service, office and/or industrial buildings; a reduction in the approved open space; ora Change in the location and placement of buildings. Per Section 18.65 "Sign Code", the pole signs shall be set back a minimum of 15 feet from the property line and.the monument sign shall 'be set back a minimum of 5 feet from the property line. Per Section 18.65 "sign COde'', a lot in the B-2 district is permitted total signage not to exceed 400 square feet. Since the planned unit development will be divided into 5 lots, the total.signage allowed is 2,000 square feet. The final site plan shall include 03-25-2002 n amended comprehensive sign plan that limits the total signage to 2,000 square feet for the entire planned unit development. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, CommissionerYoungman and Mayor Kirchhoff; those voting No, none. Public hearing - proposed urqency interim zoninq ordinance - amending the zone code to prohibit uses of wholesale or retail structures that are equal to or .qreater than 50,000 gross square feet This was the time and place set for the public hearing on the proposed urgency intedm zoning ordinance, entitled: ORDINANCE NO. AN URGENCY INTERIM ZONING *ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE ZONE CODE TO PROHIBIT USES OF WHOLESALE OR RETAIL STRUCTURES THAT ARE EOUAL TO OR GREATER THAN $0,000 GROSS SOUARE FEET. Mayor Kirchhoff opened the public hearing. City Attorney Luwe stated that this proposed ordinance will prohibit the construction of buildings for wholesale or retail uses in excess of 50,000 square feet for six months, to give the City a chance to step back and study the impacts of this type of development on the community and determine how they are to be addressed. He stated that Staff Attorney Patricia Day-Moore has submitted a proposed revision to Section 17, the savings clause, in a memo dated March 25 and encouraged the Commissioners to include this revision if the ordinance is adopted. Mr. Bill Ogle, 1010 Bear Canyon Road, voiced support for the proposed moratorium, noting that the conditions negotiated during review of a specific proposal need to be explained more clearly, and the conditions need to be applied fairly to all parties. Mr. Bob Lee, land use planner employed by Morrison-Maierle, noted that in 1979, the community went through essentially the same issues with the proposal for the Gallatin Valley Mall. He noted that many of the commercial interests in the community, particularly the downtown area, were concerned that the mall would kill the downtown area; however, that did not occur. He stated that the downtown was essentially designed to serve a population of about 8,000 people, and it probably serves a slightly larger population at the present time. He Stated that this area has been identified as a regional commercial center, and big boxes are a part of that designation. He then stated he feels it is reasonable to exempt the Lowe's application from this ordinance because it is already in the pipeline. He also asked that the timeline for this moratorium be kept as short as possible, with the process preferably completed in less than six months. Mr. Matt McKenna, 2910 Donna Avenue, stated he sees the moratorium as a form of protectionism and the undermining of free enterprise. He suggested that if protecting the downtown area is the principal reason for the moratorium and new regulations,, it should be attracting its own competition. He stated that discouraging a business because of its size is short-sighted and precludes additional tax revenues. In the meantime, residents will continue to support businesses in other communities, including Billings. He concluded by asking that the Commission not approve this ordinance. Mrs. Ashley Brandt, 526 West Cameron Bridge Road, stated support for the proposed moratorium, noting it will allow time to take a breath and evaluate options, allow a study of the impacts of big boxes on small communities, and allow for development of a consistent plan and process. She .encouraged that Lowe's not be exempted from the ordinance, noting the community already has two big box stores approved under different circumstances, and adding a third would not be good practice. Mr. Carl Esbjornson, 236 Madlyn Court, stated he is proud of the small businesses and their owners who contribute to the local economy and of those entrepreneurs who have created viable industries, but he 03-25-2002 - 20 - is not so proud of the North 19th Avenue corridor. He encouraged approval of the moratorium, noting it will give time to develop a consistent and fair policy for dealing with big box 'stores. He noted that the community has the right to determine its own political and economic destiny, and he does not buy the concept that big box stores are inevitablet 'He also does not expect that those stores would be satisfied with locating at Four Comers or Belgrade; rather, they want to be at the population center..He reminded the Commission that BOzeman is an Ali-America City, which means it is top-notch and not just mediocre. He concluded by encouraging the Commissioners to vote for this ordinance and to protect the interests of those in the community who want to maintain a'good quality'of life. Mr. Joe Hamner, 111 Michael Grove Avenue, asked how the 50,000-square-foot limitation was derived, cautioning that big box stores come in different sizes and shapes, with some types of "big box" stores being no larger than the Commission Room. He suggested that an economic impact study should be required for all big box stores, no matter what their size; and the rules should be applied fairly and equitably. He concluded by stating.that a moratorium is not needed to do that. Mr. Richard Smith, 2916 South 3rd Avenue, stated this same issue was discussed about a year ago and, at that time, everyone decided it was wrong to create a dragnet to catch one company. He noted it appears the dragnet is to be set out now to catch Lowe's. He indicated their proposal was submitted in good faith, understanding the current rules and regulations; and this proposed ordinance will change the rules in midstream. He stated that is wrong and does not accurately reflect the values and principles of the community. He stressed the importance of consistency and noted that, if the moratorium is adopted, Lowe's should be exempted. He also stated six months is too long and suggested that the moratorium be shortened to two or three months to ensure the work is completed in a timely manner. Mr. Jim Brandt, 526West Cameron Bridge Road, stated his support for the moratorium, noting that the impact of two stores in the same category would significantly change the playing field. He indicated his concurrence with the comments regarding applying the same rules; however, he noted that two large stores in the same category signifiCantly change the rules and create a cumulative effect. He concurred with the assessment that big boxes .come in all sizes and categories, and asked that they all be considered during the moratorium. He concluded by asking that Lowe's be included in the moratorium. Mr. Lou Spain, 36 East Main Street, stated support for the moratorium and urged the Commissioners to approve it without any exceptions. Mr. Gary McMaster, Belgrade, stated support for the moratorium, noting "when elephants dance, the chickens get squashed." He concluded by stressing the importance of addressing how large scale development affects the market and the community. Mr. Rob Goodell, 509 North Church Avenue, stated his support for the moratorium, noting it is important for the Commission to have time to look at impacts on the community. He noted that the Commission cannot make rational decisions under the current procedure and, as far as he's concerned, the community should come first.. Mr. Bill Ranard, 3216 Augusta Drive, stated he does not like the word "moratorium"; however, he recognizes the importance of giving a chance for cooler minds to prevail and to identify a logical, analytical approach to considering these big box applications. As a result, he encouraged approval of this ordinance. Mr. Ron Hinds, 2915 Branding Iron Road, spoke in favor of the moratorium, stating the original design of big box stores does not fit in Bozeman. He noted that this moratorium will give the Commissioners time to take a look at economic impacts on the business community and to establish overall policies that are logical and consistent. Mrs.'Vonda Laird, 414 North 20th Avenue, stated that she is not in favor of big box stores; however, she noted there is a business before the Commission tonight which has gone through the process and could be impacted by this ordinance. She voiced her belief in equal dghts and equal treatment for everyone and, as a result, she feels Lowe's should be treated the same as Home Depot and that the City should then regroup under the moratorium. 03-25-2002 21 - Mr. Bill Mitchell, 122 South Church Avenue, noted that the Lowe's project is in the pipeline and should be considered under the existing rules and regulations. He stressed the importance of considering an application under the rules that were in place at the time of submittal, cautioning that if changes in regulations are determined to be malicious and capricious, the City will pay. He cited their garage roof as an example, noting the result was a judgment against the City because it did not follow the ordinances in place at the time. He concluded by characterizing the problem as a fairness issue. Ms. Crystie Watson, 1508 West Babcock Street, stated that, in light of the public testimony she has heard this evening, it is obvious the City needs to take time and think abOut this issue. Mr. Keith Belden, representing D.r. Philip Saccoccia, stated that their staff has followed the guidelines that are in place and has worked with City staff in good faith. He reminded the Commission of the improvements in which his client has participated, including road improvements and water main extensions, and cited their reliance on the zone code and master plans in preparation of the planned unit development application. He stated that exempting the Lowe's application from this ordinance will provide for consistency, stressing it is unethical to single out a specific user. Dr. Philip Saccoccia, 8991 Springhill School Road, stated he has spent over $1.5 million over time on improvements in conjunction with preparing for development of his property.' He noted those monies were spent in good faith, and he expects good faith and integrity from the local government. He acknowledged that two very large stores coming to town can create severe problems, and he recognizes the need for the community to catch its breath. He stated that his proposal to delay construction for a year if the large store in his development is to be a hardware type store is his commitment to giving the community time to address the issues, recognizing that delay results in the loss of two building seasons. In exchange he is seeking fairness through exemption of the Lowe's application from this ordinance. Mr. Art Wittich, at[omey representing Dr. Saccoccia, stressed the importance of recognizing that his client started the game under a set of rules and it appears those rules may be changing because the Commission does not like the results of a recent process. He concluded by stressing the importance of applying the conditions faidy. Mr. Rick Ogle, 210 East Lincoln Street, stated the fairness issue addressed by the previous speaker has not existed, which is the reason for the requested moratorium. He noted that WalMart was subjected to a different process than Home Depot, and the Commission has recognized it is unprepared to address the impacts that Lowe's might impose on the community. He concluded by encouraging the Commission to take time to consider what should be expected of anyone who wishes to construct a big box store in Bozeman. City Attorney Luwe responded to some of the comments made dUring the public testimony, stating he does not concur with Mr. Mitchell's characterization of the outcome of their lawsuit. He noted that Commissioner Brown had previously raised a question about whether a garden centerwould be considered part of the 50,000-square-foot limitation. He responded by indicating that if the garden center has walls and a roof, it would be considered part of the structure; but if it has no roof and is strictly an outside enclosure, it would not be. The City Attorney then turned his attention to possible revisions to Section 17, depending on whether or not the Commission wishes to exempt Lowe's from the requirements of the ordinance. Responding to Mayor Kirchhoff, Mr. Wittich stated that Dr. Saccoccia's comment regarding the two- year delay pertains to the time it takes to construct and occupy a large store. He then stated it is difficult to negotiate the square footage of a big box store, since they have their own architects. Responding to Commissioner Hietala, Mr. Belden stated that Lowe's does have plans for different sizes of stores, but the one described in the applicati°n includes new facades and more accurately depicts what is desired in this community. He also noted that Lowe's has studied the Bozeman area market and identified it as a regional commercial hub. · Dr. Saccoccia stated the design submitted is the only Lowe's store at this time with the desired architectural features. He recognized that the City's qverarching concern is overwhelming the market. He acknowledged that Home Depot has received its approval and suggested that with the offered two,year : 03-25-2002 delay in conStruction and opening of a poSsible Lowe's store and with Cumulative credits at a 20-percent growth rate per year, the stores would be essentially equivalent in size by the time Lowe's opened. Since there were no Commissioner objectiOns, Mayor Kirchhoff closed the public hearing. Respdnding to Mayor Kirchhoff, City Attorney Luwe stated that many of the arguments heard during this hearing are the same as those made two years ago, when the Commission considered a similar moratorium.. He noted that the applicant's representatives have not cited any statutes, cases or other authority for why their project would fall under the issue of due process and equal protection, and he has not researched that issue. He then pointed 'out that this procedure has followed applicable state statutes and case law,- and-noted there are also cases about the pending ordinance principle, which would allow projects currently-being processed to be subject to. the new ordinance requirements. He concluded by stating that if the Commission wishes further research on this issue, it would be appropriate to delay the decision. · Commissioner Youngman noted that the moratorium could be less than Six months in length and indicated the. COmmission i§ committed to the shortest timeline possible. She stated that the Home Depot process revealed community concerns and the need to pause and determine how to equitably treat large retail development. She also noted there is predominate community support for the moratorium now, which did not exist two years ago when a similar moratorium was considered. She stated the best way to create predictability, a level playing field and protection for the community is through this moratorium. Commissioner Brown stated his concurrence, noting that two years ago, he could not support a moratorium. He then voiced his commitment to ensuring that the process moves as quickly as possible. Mayor Kirchhoff stated his supportfor the moratorium. He recognized the applicant's efforts to move forward with the Lowe's application at this time; however, he suggested the changes resulting from this moratorium could be of benefit to large scale retail development. · It Was moved by Commissioner Brown, seconded by Commissioner Cetraro, that Ordinance No. 1561, the urgency interim zoning ordinance to prohibit uses of wholesale or retail structures that are equal to or greater, than 50,000 gross square feet, be adopted with the savings clause being revised to read as follows: "This ordinance does not affect the rights or duties that matured, penalties and assessments that were incurred or enforcement proceedings that were 'begun before the effective date of this ordinance. Notwithstanding the foregoing, this ordinance does not apply to projects that have received final Commission approval under Title 18 of the Bozeman Municipal Code or preliminary plat approval." The motion 'carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Youngman and Mayor Kirchhoff; those voting No being Commissioner Cetraro and CommiSsioner Hietala. Public hearing - Conditional Use Permit for Lowe's Home Improvement Warehouse - allow construction of 145,730-square-foot buildinq with 34,674-square-foot .qarden center on Lot A of Lowe's SubdiviSion, located on Tract lA, COS No. 1215A, and Tracts A and B, COS No. 1215C - Morrison-Maierle, Inc., for Lowe's Home Improvement Warehouse (east of North 19th Avenue between Baxter Lane and Tschache Lane) (Z.02021A) This was the time and place set for the public headng on the Conditional Use Permit for Lowe's Home Improvement Warehouse, as requested by Morrison-Maiede, Inc., for Lowe's Home Improvement Warehouse under Application No. Z-02021, to allow construction of a 146,730-square-foot building with a 34,674-square-foot garden center on Lot A of Lowe's Subdivision, located on Tract lA, Certificate of Survey No. 1215A, and Tracts A and B, Certificate of Survey No. 1215C. The subject property is located east of North 19th Avenue between Baxter Lane and Tschache Lane. Mayor Kirchhoff opened the public hearing. In light of action on the previous agenda item, City Attorney Luwe recommended that this item be tabled until Ordinance No. 1561 is no longer in effect. He indicated that, since the Commission cannot table this item to a time specific, staff will provide new notice for the headng. 03-25-2002 - 23 - It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that action on this agenda item be tabled. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro, CommissionerYoungman, Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No, none. Break - 9:25 to 9:32 p.m. Mayor Kirchhoff declared a break from* 9:25 p.m. to 9:32 p.m., in accordance with Commission policy. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1) Notice of warehouse sale to be held at Montana Furniture Industries on March 22 and 23. (2) E-mail from Assistant Finance Director Peg Biekert announcing her retirement and resignation from the CDBG Economic Development Loan Review Committee and the Community Affordable Housing Advisory Board, effective April 24, 2002. (3) Listing of upcoming planning projects, dated March 19, 2002. (4) Minutes from the Tree Advisory Board meeting held on February 13, 2002. (5) 13, 2002. Minutes from the Community Affordable Housing Advisory Board meeting held on February (6) 2002. Draft minutes from the Bozeman Area Bicycle Advisory Board meeting held on February 27, (7) Agenda for the School District No. 7 Board meeting to be held at 7:00 p.m. on Monday, March 25, 2002. (8) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, March 26, in the City Commission Room. (9) Agenda for the County Planning Board meeting to be held at 6:30 p.m. on Tuesday, March 26, in the Commission Room, along with minutes from their meeting held on March 12. (10) Livingston. Agenda for the Montana Transportation Commission meeting to be held on April 11 in (11) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, March 26, at the Professional Building. (12) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, March 26, at the Professional Building, (13) Mayor Kirchhoff asked the Commission to address the issues of identifying the work to be completed by the taskforce appointed during the afternoon session and a timeline for completing that work. He also suggested that the first meeting of this task force be set within the next few days. Commissioner Cetraro voiced support for the suggestion made during the afternoon session that the task force be divided into small groups and each being asked to bring forward an idea for Commission consideration. He stressed the importance of keeping this process on a fast schedule and proposed that the task force be given information ahead of time so they can "hit the ground running." 03-25-2002 - 24 - Mayor Kirchhoff asked if the task force should be given information, which could posSibly stifle the identification of viable alternatives, or be allowed to simply develop their own alternatives with no information packet from the Commission. Commissioner Youngman stated that if the Commission wants the task force to complete its work quickly, it is important to provide the members with a packet of information, possibly including the public comment received during the recent headngs and the vadous options that have emerged as a result of that comment and Commission discussion. In response to Commissioner Hietala's suggestion that a percentage of the existing market be a factor, City Manager Johnson noted that a detailed land use inventory would be needed. He cautioned that to complete and maintain that inventory would take a significant amount of staff time, but the information resulting from it .could also be of benefit to other organizations, such as the Gallatin Development Corporation and the Chamber of Commerce.' After substantial discussion, the Commissioners set the first meeting of the task force for 5:00 p.m. on Wednesday, Apd110, in the Commission Room. Staff will prepare a packet of information for each task force member and mail it prior to that meeting. Also, Commissioners Hietala and Youngman were selected to serve with the task force. At the end of four weeks, the task force is to provide a status report to the Commission, indicating whether additional time is needed to formulate their recommendations. (14) Director of Public Service Debbie Arkell submitted the following. (1) Announced that Assistant Street/Sanitation Superintendent Tom Wold is retiring as of Friday, March 29, and his retirement party is scheduled for 5:00 p.m. on Friday. (2) Indicated that the task force for solid waste will meet on Thursday to select the top three sites for a transfer station. During the week of April 9, public meetings will be held regarding those sites and recommendations will be submitted to the Commission at the April 22 meeting. (3) Reported on the reSults of the demonstration at the City Shops. She noted that the snowplows needed every inch of the 22-foot-wide street provided, while the fire trucks were easily able to negotiate the necked .down intersection. As a result of that demonstration, representatives for the Valley West development indicated their-intent to provide 22-foot-wide streets. (15) Responding to Commissioner Brown, the Director of Public Service indicated that the hazardous waste' collection program is scheduled for May 31 for businesses and June 1 for hOusehold wastes.' . (16) City Manager JohnsOn reminded the Commissioners that senior staff will be attending training sessions during the week of April 1. (17) Planning Director Andy EpPle Submitted the following. (1) Stated the' preSentation from the Missoula floodplain administrator a couple of weeks ago was very enlightening. He suggested a presentation from this gentleman to the City Commission, City Planning Board, Zoning Commission and City staff prior to the' public hearings on the regulatory revisions on April 15 could be beneficial. He indicated that the new regulations, as drafted, are consistent with what this individual would suggest is appropriate. In light of the schedule for upcoming 'Commission meetings, the City Manager indicated that this type of presentation would need to occur after the public hearing on April 15. (2) Encouraged the Commissioners to meet with'Associate Planners Saunders and Sanford individually prior to the public hearings on April 15, so they can more fully understand the comprehensive amendments being proposed to the zone code and the subdivision regulations. (18) City AttorneY LuWe stated that duringthe Montana Municipal Insurance AuthOrity (MMIA) board retreat last week, they reviewed the actuarial reports. He noted that Bozeman haSthe second lowest mod factor for both workers' compensation and liability, which reflects good risk management. He then noted that, because of the scheduled tree .maintenance program, Bozeman is the only community collecting insurance monies for costs resulting from the June snowstorm that were not covered.by FEMA. (19) Commissioner Youngman voiced concern that the one 100-year-old tree.at the edge of the stream corridor in Sundance Springs Subdivision has been cut down to make room for a garage. She noted that discussion during review of this subdivision included the issue of protecting the existing mature vegetation and exPressed frustration that the vegetation is not being protected. 03-25-2002 - 25 - Adjournment - 10:28 p.m. There being no further business to come before the Commission at this time, it was moved by CommissionerYoungman, seconded by Commissioner Hietala, that the meeting be adjourned. The motion carried by the following Aye and No vote: those ~oting Aye being CommissionerYoungman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. ATTEST: ROBIN L. SULLIVAN Clerk of the Commission 03-25-2002