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HomeMy WebLinkAbout2002-09-30 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA September 30, 2002 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, September 30, 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, Staff Attorney Tim Cooper 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 May 13, September 16 and September 23, 2002 It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the minutes of the meeting of September 16, 2002, be approved as amended and that the minutes of the meeting of September 23, 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 May 13, 2002, to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Commission Resolution No. 3541 - levying and assessing lighting districts for Fiscal Year 2003; set public hearing for October 14, 2002 COMMISSION RESOLUTION NO. 3541 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING MAINTENANCE AND ELECTRICAL CURRENT COSTS FOR SPECIAL IMPROVEMENT LIGHTING MAINTENANCE DISTRICTS OF THE CITY OF BOZEMAN. Commission Resolution No. 3543 - levying and assessing Business Improvement District (BID) for Fiscal Year 2003; set public hearing for October 14, 2002 COMMISSION RESOLUTION NO. 3543 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2003 UPON ALL REAL PROPERTY IN THE BUSINESS IMPROVEMENT DISTRICT, LOCATED IN THE CITY OF BOZEMAN'S DOWNTOWN AREA, TO DEFRAY THE ESTIMATED COST AND EXPENSE TO BE INCURRED IN THE BUSINESS IMPROVEMENT DISTRICT FOR THE FISCAL YEAR. 09-30-2002 -2- Commission Resolution No. 3544-levying and assessing 2000 Sidewalk Program; set public hearing for October 14, 2002 COMMISSION RESOLUTION NO. 3544 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AN ASSESSMENT AND TAX AGAINST EACH LOT OR PARCEL OF LAND IN FRONT OF WHICH SIDEWALKS, CURBS, GUTTERS, AND ALLEY APPROACHES OR ANY COMBINATION THEREOF HAVE BEEN CONSTRUCTED UNDER ORDER OF CITY COMMISSION DATED MAY 15, 2000, FOR THE 2000 SIDEWALK PROGRAM, TO DEFRAY THE COST OF CONSTRUCTION OF SAID SIDEWALKS, CURBS, GUTTERS AND ALLEY APPROACHES OR ANY COMBINATION THEREOF. Commission Resolution No. 3545 - levying and assessing delinquent special garbage collections for Fiscal Year 2002; set public hearing for October 14, 2002 COMMISSION RESOLUTION NO. 3545 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE OF COLLECTING, REMOVING AND DISPOSING OF SOLID WASTE. Commission Resolution No. 3546 - levying and assessing delinquent sewer charges for Fiscal Year 2002; set public hearing for October 14, 2002 COMMISSION RESOLUTION NO. 3546 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO COLLECT DELINQUENT SEWER CHARGES PLUS COSTS AND EXPENSES INCURRED BY THE CITY OF BOZEMAN, AS PROVIDED FOR IN SECTION 7-13-4309, MONTANA CODE ANNOTATED. Commission Resolution No. 3547 - levying and assessin ~a delinauent snow removal charges for Fiscal Year 2002; set public hearing for October 14, 2002 COMMISSION RESOLUTION NO. 3547 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO DEFRAY THE COST AND EXPENSE FOR REMOVAL OF SNOW AND ICE FROM SIDEWALKS IN THE CITY OF BOZEMAN UNDER THE PROVISIONS OF CHAPTER 12.24 OF THE CITY OF BOZEMAN MUNICIPAL CODE. Authorize Mayor to sign - Findings of Fact and Order for Laurel Glen Subdivision, Phase I-IV (subdivide 156.96 acres described as Lots 1, 2 and 3, Minor Subdivision No. 201, into 83 single-family residential lots, 179 multi-family lots, 8 condominium lots and 2 neighborhood commercial lots) (north side of Durston Road, approximately % mile west of its intersection with Cottonwood Road) (P-02012) 09-30-2002 3- Authorize City Manager to sign - Acceptance of Public Utility Easements and Agreement with Gallatin Center Limited Partnership and POB Gallatin, L.P. - 30- foot-wide easements across Lot 10, Gallatin Center Subdivision, Phase III; Lot 3, Minor Subdivision No. 210; and Tract D-2, COS No. 1827 (south side of Burke Street between North 19th Avenue and Max Avenue) Authorize City Manager to sign - Release and Reconveyance of Easements to Gallatin Center Limited Partnership across Lot 10, Gallatin Center Subdivision, Phase III; and Lot 3, Minor Subdivision No. 210 (south side of Burke Street between North 19th Avenue and Max Avenue) Authorize City Manager to sign - Acceptance of Public Drainage Easement from Chris Burgard - in northeast corner of Lot 1A-2, Minor Subdivision 41B (southwest corner of intersection of East Frontage Road and Osterman Drive) Claims It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. Administration of Oath of Office and confirmation of Firefighter Scoff Sanders Assistant Director of Public Safety-Fire Operations Chuck Winn announced that Firefighter Scott Sanders has successfully completed his six-month probation, and he is recommending that Mr. Sanders be administered the Oath of Office and confirmed. Mayor Kirchhoff administered the Oath of Office to Firefighter Scott Sanders and welcomed him to the organization. Presentation of petition from Friends of Burke Park re concerns regarding potential impacts on the park from development of the Bozeman Deaconess Foundation property - Friends of Burke Park Included in the Commissioners' packets was a memo from Mary Vant Hull, interim committee for Friends of Burke Park, dated September 26, forwarding a petition containing 1,036 signatures indicating concern about the potential impacts that development of the Bozeman Deaconess Foundation property might have on Burke Park. Ms. Mary Vant Hull, 416 East Story Street, noted that thousands of people from all over the community use Burke Park. She stated that, under state law, one-ninth of land developed for residential use must be dedicated as parkland; and developers often complete their developments in bits and pieces, resulting in small park areas. She noted that the Bozeman Deaconess Foundation owns between 400 and 500 acres along the east side of Burke Park and, if the entire acreage were developed as residential, the parkland dedication would be around 50 acres. She acknowledged that not all of that land will be developed as residential; however, she noted that many doctors and health workers use Burke Park extensively. She encouraged the City and Bozeman Deaconess Foundation to work together to identify items of value to each party, such as parkland dedication adjacent to Burke Park in exchange for variances, density bonuses or zone changes to allow for the most beneficial use of the remaining developable land. Mayor Kirchhoff indicated that the Commission will take this input into consideration as the Deaconess Foundation land comes forward for development. 09-30-2002 -4- Request for modification of Condition Nos. 2 and 33 for approval of Major Site Plan to allow construction of eight _+3,200-square-foot, two-story duplexes on Parcel B, COS No. 2056 - Springer Group Architects for Donald E. Cape, Sr. (2650 West Villard Street) (Z-02048) Included in the Commissioners' packets was the staff report regarding requested modifications to Condition Nos. 2 and 33 for approval of the Major Site Plan to allow construction of eight +3,200-square-foot, two-story duplexes at 2650 West Villard Street. Those two conditions read as follows: A three-foot-wide sidewalk shall be provided on both sides of the private street and provide connection to the tot park. 33. As outlined in Section 18.49.060.B "Additional Screening Requirements", a 6-foot high solid wood, privacy fence shall be constructed along the entire south property line and along the east and west property lines from the rear property marker to the front yard setback. Per Section 18.50.070 "Fences, Walls and Hedges", the fence shall be constructed with the finished side out. Assistant Planner Jami Morris gave the staff report, reminding the Commissioners that in May, on a vote of 3 to 2, they approved the subject duplex development. She noted that sixteen units were originally approved for this site. As a result of preparing the final site plan for the project, however, the architect determined that eliminating one of the dwelling units will allow the project to better fit on the property. The architect has also requested modification to the two conditions listed above. Under the first modification, the three-foot sidewalk is to be eliminated on the west side of the private street, thus allowing the buildings to be shifted three feet closer to the street and providing a greater setback from those properties in Greenway Subdivision. Under the second modification, perimeter fencing would not be required along those areas where existing houses already have privacy fences; rather, landscaping would be planted in those areas. The result would be intermittent fencing. The Assistant Planner stated that staff has reviewed these requested modifications. As a result of that review, staff has indicated support for the decreased density and the modification to allow a combination of fencing and landscaping. She noted, however, that staff does not support the modification to eliminate the requirement for the three-foot-wide sidewalk along the west side of the street. She noted that most of those units currently provide the minimum 20-foot stall length between the garage and the property line, so the buildings could not be moved closer to the street. Mr. Lowell Springer, architect representing the applicant, noted that when he prepared the final site plan, he was uncomfortable with the density; and he remembered Mayor Kirchhoff's suggestion that the density be reduced. Also, in light of the concerns voiced by neighbors, he went through the facilitated land use process. The neighbors received the proposed reduction in density, and they also reviewed the recommended conditions of approval in an effort to determine how the project could be made even better. The result of those discussions was the suggestion that sidewalks be eliminated from one side of the private street and that the continuous privacy fence be replaced with Lombardy poplars wherever a privacy fence currently exists. This application simply submits those issues back to the Commission for consideration. He then assured the Commission that if the sidewalk is not required on the west side of the street, he will make sure the 20-foot parking stall is still provided. Responding to Commissioner Youngman, Mr. Springer acknowledged that, since room for parking must be maintained, sidewalks can also be provided. He indicated their intent was to provide as much open space as possible and to address the neighborhood concerns and desires. Assistant Planner Morris noted that the two end units cannot be relocated but stated the middle two units could possibly be shifted slightly. She then indicated staff had not recommended approval of the modification to eliminate the sidewalk because of concerns about accessing the tot lot. Commissioner Hietala noted this is a narrow piece of property and suggested that not requiring the sidewalk to allow an increase in the setback and appease the neighbors would be a positive thing to do. Mayor Kirchhoff voiced support for the staff recommendation, noting that the change in building position that could result from not requiring the sidewalk is not significant. 09-30-2002 -5- Responding to Commissioner Youngman, Assistant Planner Morris stated the minimum 20-foot setback from the rear lot line is met or exceeded for each building on the plan submitted in the Commissioners' packets. Commissioner Youngman noted that she typically likes to support the recommendations from a facilitated meeting; however, she is concerned about not requiring the sidewalk because it is a community amenity and addresses the quality of life issue. She indicated that the decrease in density and the combination of fencing and landscaping will address most of the neighborhood concerns, and she supports those modifications. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the Commission approve the proposed decrease in density through the elimination of one unit, not approve the requested modification of Condition No. 2, and approve the requested modification to Condition No. 33 for approval of the Major Site Plan to allow construction of eight +3,200-square-foot, two-story duplexes at 2650 West Villard Street, as follows: 33. As outlined in Section 18.49.060.B "Additional Screening Requirements", a 6-foot high solid wood, privacy fence shall be constructed along the entire south property line and along the east and west property lines from the rear property marker to the front yard setback in those areas where a fence does not currently exist. Where there is a fence already in place, the developer shall plant Lombardy poplars in lieu of the fence. Per Section 18.50.070 "Fences, Walls and Hedges", the fence shall be constructed with the finished side out. 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. Public hearing - Zone Code Amendments - remove numeric residential density limitation in R-3, R-4 and R-O zoning districts and modify residential density provisions under PUDs, and revise buildin~ height restrictions in the B-2 and BP zoning districts (Z-02194) This was the time and place set for the public hearing on Zone Code Amendments initiated by the City Commission under Application No. Z-02194, to remove the numeric residential density limitation in the "R-3," Residential-Medium-density, "R-4," Residential-High-density, and "R-O," Residential-Office, zoning districts; modify residential density provisions under planned unit developments; and revise building height restrictions in the "B-2," Community Business, and "BP," Business Park, zoning districts. Mayor Kirchhoff opened the public hearing. Planning Director Andy Epple presented the staff report on behalf of Associate Planner Chris Saunders. He stated that these amendments are in keeping with the Bozeman 2020 Community Plan and further its goals and policies by allowing more efficient use of land through additional building heights and by removing the density limits that serve as imPediments to the densities anticipated in the growth policy. He provided an overview of the proposed amendments. One amendment is to increase the allowable building heights in "B-2" and "BP" zoning districts where the property is located in a regional commercial or service area as identified in the growth plan. He stated these are essentially limited to the North 19th Avenue and West Oak Street corridors, the Gallatin Valley Mall, and the Bozeman Deaconess Foundation property. These revisions include increasing in the basic height standards, adding a section to allow an increase of up to 50 percent in height without a special procedure, and adding another section to allow up to 25 percent additional height through the conditional use permit process. He stated that this percentage is in error because it does not accommodate a five-story building and suggested that it be revised to 30 percent. The other amendment is to remove the density limits in planned unit developments for medium and high-density residential development. He indicated that this will allow for considering applications that result from a market interest in small efficiency senior living units. The Planning Director stated that staff has considered these amendments in light of the criteria set forth in the zone code, and staff's comprehensive findings are contained in the written staff report. He briefly 09-30-2002 -6- summarized those findings and the conclusion that the amendments comply with those criteria. He then indicated that the Zoning Commission has concurred in staff's findings and forwarded a recommendation for approval. He stated that, to date, no public comment has been received. Responding to Mayor Kirchhoff, the Planning Director stated the issue with the percentages on building height was discovered this afternoon. He assured the Commission it was never staff's intent to create a barrier to a five-story building and, in fact, the Associate Planner thought he had accomplished that with the 25-percent figure. Mr. David Hollinger, Ellerbe-Becket, stated that the amendment to the height requirements will allow the hospital to proceed with its 5-story section of Medical Office Building 4, if approved by the Commission, and encouraged approval of the amendments. Mayor Kirchhoff continued the public hearing until later in the meeting, to give him an opportunity to talk to staff during a break. Informal review - Medical Office Building No. 4 at Bozeman Deaconess Hospital - to allow fourth and fifth floors on three-story section (I-02033) Included in the Commissioners' packets was a memo from Assistant Planner Karin Caroline, dated September 25, forwarding a proposal for addition of the fourth and fifth floors on the three-story section of Medical Office Building No. 4 (MOB4). Planning Director Epple presented the staff report on behalf of Assistant Planner Caroline. He reminded the Commission that approval was granted on August 26 for Medical Office Building No. 4 to be constructed with a two-story section and a three-story section. At that time, the owners expressed a desire to expand the three-story section to a five-story section; however, the Commission did not approve the requested variance for the excess height but directed staff to bring back the amendments that were considered in the previous agenda item. He indicated that during review of this informal application, some concerns about the amount of surface parking have been raised and suggested that the Commission discuss when a parking structure should be considered for this complex. Mr. David Hollinger, Ellerbe-Becket, indicated his firm represents the Bozeman Deaconess Hospital. He stated the purpose of this informal discussion is to receive input on the intent to add the fourth and fifth floors to the three-story section of MOB4 that has already been approved. He showed the Commission photos of the current hospital campus taken from three different locations, noting that adjacent to those photos is a computer generated rendering of the campus with a five-story MOB4. He stated the hospital is trying to keep ahead of growth in the community and is ever expanding in order to do so. He noted that, given the speed with which the cam pus has grown, the Hospital administration recognizes the need to grow vertically and to reduce the sprawl. He stated that to construct the new building as a five-story unit initially will be less costly than adding two floors after the three-story section is completed. He concluded by providing additional drawings of the medical campus and asking for Commissioner comments and suggestions regarding the upward expansion of MOB4. Ms. Liz Lewis, Vice President of Clinical Services, noted the core services for this medical campus are located in the hospital; and it is important to retain patient beds close to those services. She stated that constructing MOB4 as a five-story building close to those services will allow for expansion of hospital services and allow room to grow for a couple years. She also noted it will help reduce the sprawl that is resulting from the lower structures. Commissioner Brown noted that the possibility of a transit system in Bozeman is currently being studied and asked where drop offand pick up points could be located on this campus. Responses included locations along the front of the complex, from the emergency entrance south to the MOB3 and MOB2, and in the back at the MOB4 entrance. Mr. Hollinger asked if the Commission will approve a 74-foot-high building and whether a parking ramp would be required. He noted that in a September 18, 2001, analysis of parking ramps, he found that adding a parking ramp for this building would cost $5 million, or 29 percent of the project. He noted that he has found 09-30-2002 -7- no parking requirements or zoning requirements for a parking structure, and further study has revealed that people don't like parking ramps. He then indicated that adequate surface parking and the required landscaping can be provided for the additional two floors. Mayor Kirchhoff recognized that the hospital is a driving force in the community and indicated that he is generally in favor of the hospital and medical campus growing. He noted that allowing increased height will reduce sprawl and make better use of the land. He urged the applicant to implement a parking ramp, noting that was part of the overall plan shown to the Commission quite some time ago. He stated that a ramp could enhance the value of the properties by conserving it for more lucrative development. He noted it is frustrating to consider additions to this medical campus on a piecemeal basis, stating that it results in a lot of unpredictables. He also noted that a ramp was previously proposed with the larger building; and the Commission is now being asked to consider that building without a parking ramp. At the very least, he asked for concrete discussions about a parking ramp and when it would be constructed. Also, he requested a master plan that covers the entire complex for at least the next five years, with one of the key issues being protection of the viewsheds. Mr. Hollinger stated that master planning for the hospital has occurred, and the new MOB4 is one of the results of that process. He noted it is not their intent to piecemeal the development; rather, much of their development and expansion results from immediate needs and responding to new technologies and issues. Commissioner Cetraro stated that possibly over the next ten to fifteen years, as demands increase, a parking garage will be needed. In the meantime, he has no problem with the height of MOB4 or the surface parking proposed. Commissioner Brown stated a five-story building makes a lot of sense, and constructing that building all at once will result in a cost savings and less disruption to present services. He acknowledged that a parking garage does not seem economically feasible at this time. Commissioner Youngman stated she has no problem with the height of the proposed building, given its location. She noted it does not diminish the quality of life for anyone or anything, does not block the view, and fits the propertywell. She cautioned that the applicant must consider how future development might affect Burke Park, noting that care must be taken to not permanently diminish the quality of life for the number of people that use it. She suggested that having a better sense of what will be happening on the fringes of the property, particularly near the existing residential area, the cemetery and the park, could alleviate many of those concerns. She concluded by recognizing that now may not be the time to construct a parking garage but noted it would be beneficial to have some type of projected timeline or trigger point. Commissioner Hietala noted that he would like to know more about plans for residential development on the Foundation property, particularly since that is the type of development for which parkland dedication is required. He noted that Burke Park is currently undergoing a master planning process; and having that type of information available could be beneficial for completion of that master plan. He then turned his attention to MOB4, indicating he supports it. He recognized that a parking structure may not be needed at this time, but will be with future expansion of the complex. Mayor Kirchhoff suggested that, if the hospital cannot provide a master plan for its complex, it enter into at least a collaborative effort with the City in terms of sharing information and providing concrete linkages of contemplated expansions, including structured parking and the protection and enhancement of Burke Park. Commissioner Youngman concurred with the Mayor's comments, noting that such discussions could provide a greater level of assurance for the community and put the project in a better context. Mr. Hollinger thanked the Commissioners for their comments. Ms. Liz Lewis acknowledged that the Foundation is compartmentalized at the present time, viewing its acreages as being for the hospital, senior living, and future development. She recognized that talking to the City about conceptual plans would be beneficial to both parties. 09-30-2002 -8- Break - 4:30 to 4:40 p.m. Mayor Kirchhoff declared a break from 4:30 p.m. to 4:40 p.m., in accordance with Commission policy. Public hearing (continued) -Zone Code Amendments - remove numeric residential density limitation in R-3, R-4 and R-O zoning districts and modify residential density provisions under PUDs, and revise building height restrictions in the BP zoning district (Z-02194) No additional public comment was made after the public hearing was reopened. Responding to Mayor Kirchhoff, Planning Director Epple reviewed the heights that could be realized with the 25-percent increase recommended by staff, noting that the result is 3 feet short of the height necessary for a five-story medical facility. He then indicated that a 30-percent increase in height would be consistent with other provisions in the zone code. He reminded the Commission that, since the additional height would be considered through the conditional use process, conditions can be imposed to mitigate impacts and special requirements can be attached to approval. Responding to Mayor Kirchhoff, all of the Commissioners indicated support for revising the percentage from 25 percent to 30 percent. Responding to concerns voiced by Commissioner Youngman, Planning Director Epple stated he feels the review criteria for conditional use permits are adequate to address the issues identified in the Bozeman 2020 Community Plan, including impacts on viewshed, critical lands and the natural environment. In response to comments from Mayor Kirchhoff, Planning Director Epple stated that, with the way the amendment is written, a business in the "B-2" or"BP" zone outside a regional commercial or service land use designation could seek a 30-percent height increase through the conditional use permit process. He then indicated that issues and concerns encountered in administering these revised codes can be addressed in the comprehensive rewrite of the zone code into a unified plan. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the Zone Code Amendments initiated by the City Commission under Application No. Z-02194, to remove the numeric residential density limitation in the"R-3," Residential-Medium-density, "R-4," Residential-High-density, and "R-O," Residential-Office, zoning districts; modify residential density provisions under planned unit developments; and revise building height restrictions in the "BP," Business Park, zoning district, be approved as revised to allow for up to 30-percent increase under the conditional use process; and direct staff to bring back an ordinance enacting those amendments. 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. Informal review- Ice Pond Technology Park, 300 Ice Pond Road - Springer Group Architects for Hugh Reid (I-02028) Included in the Commissioners' packets was a staff report from Assistant Planner Karin Caroline forwarding a proposal for development of the Ice Pond Technology Park at 300 Ice Pond Road. Planning Director Epple presented the staff report on behalf of Assistant Planner Caroline. He noted the subject site is generally known as the Ice Pond Road property, with primary access via Ice Pond Road and South Church Avenue and secondary access via South Rouse Avenue. He stated there are currently several buildings on the site, including the old ice house. One building is very dilapidated and would be removed, while the existing buildings that are in good shape would be retained. The Planning Director stated that under the original informal application, seven buildings were to be added to the site. As a result of Design Review Board review, discussions with staff, and concerns from the neighbors, the center building has been eliminated, and the plan before the Commission shows six buildings. 09-30-2002 -9- Planning Director Epple noted that issues identified during reviews before the Development Review Committee and the Design Review Board include openness of the site, setbacks from property lines, the close proximity of the two access points, the intersection of Ice Pond Road and South Church Avenue, the bridge on Ice Pond Road, infrastructure issues, and connections to the Gallagator Trail. He noted that at the present time, this site houses Scientific Materials and a lighting company. He stressed that Scientific Materials, which is a crystal growing business, requires quiet; in fact, if a large tour goes through the facility, the company can lose $30,000 in crystal growth because of the movement and noise. The company is currently needing to expand to accommodate the large contracts it has just acquired. He concluded by noting that the Bozeman 2020 Community Plan recognizes the historic use of this site and designates it as an island of commercial in the center of a residential area. Mr. Lowell Springer, architect representing the applicant, noted that Scientific Materials grows the best crystals in the world for lasers and keeps MSU graduates in the community. He noted that the growth policy identifies this as an historic mixed use area; and it has been since the late 1800s, when the subject site was an industrial use. He stated the subject property is currently zoned "R-S," which is in conflict with the Bozeman 2020 Community Plan's recommended designation of "BP." Mr. Springer stated that, in light of the neighborhood concerns expressed about previous proposals for development, they asked the Community Mediation Center to assist in the review process. There was good participation from the neighbors on Ice Pond Road as well as the Boys and Girls Club. Issues discussed included infrastructure needs, including water, sewer and access. At the first meeting, the applicants agreed to pursue a conditional use permit process. After they found financing would not be available under that process, they held another facilitated meeting and agreed to pursue a "BP" zoning designation. Mr. Springer noted that, over the years, the residents along Ice Pond Road have turned what was the road right-of-way into their front yards. The Boys and Girls Club has agreed to donate land to move the road to the south, allowing the residents along Ice Pond Road to retain their front yards. The bridge on Ice Pond Road is the County's responsibility, and they are pursuing a grant for that replacement. Mr. Springer concluded by stating that the proposal is to construct buildings with a railroad feel to them, in keeping with the historic use of this site and the immediate area. He noted that this site needs to be improved and requested Commissioner comments. Commissioner Hietala noted the need for a grid street system in this area, and suggested that Ice Pond Road and South Rouse Avenue be connected to provide some additional transportation options. Mr. Springer responded that Ice Pond Road is a semi-improved street, and its only connection to South Rouse Avenue at this time is through security gates. He noted that, while the applicant does not have a problem with connecting the two roadways, the residents along Ice Pond Road do; and the applicant has made a good faith effort to keep traffic along that roadway to a minimum. Commissioner Hietala responded that Ice Pond Road is not a private road, and that access for the greater area should be considered. Planning Director Epple cautioned that this type of suggestion has met with "a hailstorm of opposition" in the past. He then indicated that the existing access to the site seems to be working well. Commissioner Youngman expressed her appreciation that the applicant has used the facilitated meeting process. She then indicated that she shares concerns about setbacks, particularly from the Gallagator Trail. She noted that she does not support meandering of the trail; rather, it is an historic trail and keeping its alignment respects its history. She then suggested that an overview of the history of this site could be beneficial when a formal application is being processed, since she is the only Commissioner that has seen previous development proposals. Responding to Commissioner Cetraro, Planning Director Epple stated there is no requirement for a planned unit development process for this project; however, it would allow for relaxation of standards if needed. Commissioner Brown voiced basic support for the proposal, noting it would be an upgrade for the area. He suggested that the buildings be set back a little further on the northwest corner and on the south side, 09-30-2002 -10- particularly if the trail is located on the south side. Also, he voiced concern about the current chain link fence with barbed wire hanging over it, noting is unfriendly and feels like a prison. Mr. Springer responded that the chain link fence is to remain because of security needs; however, the barbed wire is to be removed and replaced with a single strand of barbed wire about four inches above the chain link fence. He indicated that the remaining security issues will be addressed through electronic methods. Mayor Kirchhoff echoed the comments regarding setbacks from the trail corridor. He then voiced his encouragement for linking Ice Pond Road to the Gallagator Trail. He indicated appreciation for the mediated meeting process and the open space in the middle of the project, and voiced support for "BP" zoning. He recognized the infrastructure problems that exist, including the bridge over the creek, and access to water and sewer services. Commissioner Youngman noted that another parcel of land in this general area was recently zoned at a Iow level until a sub-area corridor plan, which includes this subject site, has been completed. She suggested that this will help to address the access issues and help the property develop in the context of its neighbors. She then indicated she has no resistance to the proposed zoning, but stated she would like to know that the subarea plan will be completed before development occurs. Responding to Mayor Kirchhoff, all of the Commissioners indicated support for the proposed "BP" zoning designation. Mr. Dan Kuchinsky, Gallatin County Road Office, stated that if they are successful in obtaining a grant, it will cover only 50 percent of the cost, which he estimated at $125,000. He indicated the minimum width of bridge installed by the County is 24 feet, and they prefer 30 feet. Director of Public Service Debbie Arkell stated that Ice Pond Road is currently improved to a County road standard, and the amount of traffic on it is critical. Mr. Carroll Henderson, representing the Boys and Girls Club, stated they view this proposed project as an improvement to the area and noted they will cooperate as much as possible. Mayor Kirchhoff thanked the applicants for the opportunity to review this proposal. Discussion re setting of Municipal Judge's salary for Fiscal Year 2002-2003 Municipal Judge Patricia Kyle Carlson asked for Commission response to her request for a salary increase, which she had previously submitted along with supporting documentation and information. Responding to Mayor Kirchhoff, Judge Carlson indicated that she has had no salary adjustment since January 2000, when the Municipal Court was established. Mayor Kirchhoff noted that the Com missioners are to determine the appropriate increase to be given, stating that a reason must be identified for granting more than an inflationary increase. He also noted that they must address the issue of whether to make the increase retroactive, since that is part of the Judge's request. The Mayor noted that all departments in the City have become busier over the past few years, due in part to growth in the community. As a result, he indicated a willingness to go slightly beyond an inflationary increase and proposed a salary of $48,000, effective July 1, 2002, which is a 9.4-percent increase. Commissioner Youngman stated her concurrence with that proposal, noting that the Judge has instituted technological changes that have required training to master and that have resulted in improved efficiency of the Court. Also, she noted that the salary increase would bring the position to a level comparable with others around the state. She stated the salary increase requested by the Judge is excessive because of outstanding concerns, including excessive absences and hiring of substitute judges beyond the amount budgeted without prior approval. She noted that, whether the Judge works weekends or not, the weekday duties remain; and the City incurs additional costs to handle those duties when she is not available during the 09-30-2002 -11 - work week. She concluded by noting that, normally, a raise includes accountability of the office holder; in this instance, it is an elected position. Commissioner Brown indicated his concern is not so much with the substitute judge expenses, but with the number of days she is absent. Commissioner Hietala acknowledged that he does not have the history that the others have. He noted that, in light of the increased efficiency of the court, he feels the recommended salary is appropriate, but suggested it be retroactive to July 1, 2001. Municipal Judge Patricia Carlson stressed the importance of recognizing that, when she was elected in 1996, it was as a part-time City Judge; and her request to make the position full-time was not granted. Since she was required to work only when necessary and was paid $93 a day for those days worked, she retained her private law practice in Florida. When she became City Judge, the Court had no filing system and was a disaster; and she spent weekends for three months cleaning up the mess. In light of those issues, she was also made Court Administrator, with that salary starting at $12,000 and ending at $14,000 per year. When the Municipal Court went into effect, the salary for the Municipal Judge was set at $42,000 per year, which was lower than her previous combined position. She then noted that, during her tenure, annual revenues have risen from $400,000 to $961,000. Commissioner Hietala stated that $48,000 is at the Iow end of the range, and she is experienced as a judge. As a result, he suggested that the salary deserves additional consideration. Mayor Kirchhoff stated he feels the $48,000 figure proposed is organizationally in line with other positions at this time. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that staff be directed to bring back an ordinance setting the Municipal Judge salary at $48,000, retroactive to July 1,2002. 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. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1) Announcement of the brown bag luncheon seminar scheduled for noon on Wednesday, October 2, at the USDA Service Center. (2) Memo from the Local Government Services Bureau announcing the schedule of October 2002 GASB #34 seminars. (3) Memo from the Local Government Services Bureau, dated September 18, reminding local government officials of the services available to them. (4) meetings. September 26 update of planning projects to be considered at upcoming Commission (5) (6) at Big Sky. Minutes from the Alcohol Policy Advisory Council meeting held on September 18. Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, October 1, (7) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, October 1, at the Professional Building. (8) Agendas for the Zoning Commission meeting to be held at 7:00 p.m. and the City Planning Board meeting to be held at 8:00 p.m. on Tuesday, October 1, in the Commission Room. 09-30-2002 -12- (9) Planning Director Epple submitted the following. (1)Announced that, beginning Wednesday, several of his staff members will be attending the MAP conference in Whitefish. (2) Stated that staff met with representatives from the Recreation and Parks Advisory Board and the Gallatin Valley Land Trust to work through concerns about parkland dedications and trails in the revisions to the subdivision regulations; and an ordinance adopting those revisions will be submitted to the Commission for consideration at next week's meeting. (3) Announced that Senior Planner Skelton is now working a couple of hours per day as he recovers from his illness. (10) Staff Attorney Cooper encouraged Commissioners to contact him or City Attorney Luwe regarding items of interest. (11 ) Director of Public Service Debbie Arkell reminded the Commissioners of the neighborhood meetings regarding siting of the solid waste transfer station, which begin tomorrow evening. Commissioner Brown announced that he will be unable to attend the transfer station meeting on Thursday evening due to a scheduling conflict. (12) Commissioner Youngman stated the Library Board of Trustees has requested that the Commissioners attend a portion of the meeting on October 14. She proposed that the Commission meet at the Library from 6:30 to 7:00 p.m., to hear the presentation on the proposed design, prior to the evening session of the Commission meeting. All of the Commissioners agreed to attend that portion of the library planning meeting. Adjournment - 6:10 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Hietala, seconded by Commissioner Brown, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. STEVEN R. KIRCHHOFF, May~r/ ATTEST: ROBIN L. SULLIVAN - Clerk of the Commission 09-30-2002