Loading...
HomeMy WebLinkAbout2002-09-09 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA September 9, 2002 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, September 9, 2002, at 3:00 p.m. Present were Mayor Steve Kirchhoff (arrived at 3:20 p.m.), 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 May 13, August 19 and September 3, 2002 It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the minutes of the meeting of September 3, 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 and Mayor Pro Tempore Cetraro; those voting No, none. Mayor Pro Tempore Cetraro deferred action on the minutes of the meetings of January 18, 2000, and May 13 and August 19, 2002, to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Proclamation - "Always Remember 9-11 Day" - September 11, 2002 Exemption from subdivision review - realign common boundary between Lot 9, Block 1, Thompson Addition, and Tract 9A, Valley View Annexation No. I (between Spring Creek Drive and Kaqy Boulevard) - Mary Ann Duncan (E-02010) Approval of final plat - West Meadows Subdivision, Phase I (subdivide 63.569 acres described as Lots 2, 3 and 4 of South Meadow Minor Subdivision, into 128 single-family residential lots) (north of Sundance Springs Subdivision and west of South Meadows Condominiums) (P-02037) Approval of final plat - Annie Subdivision, Phase III (subdivide 16.35 acres described as Lot 1, Annie Subdivision, Phase II, into 33 single-family lots and 12 multi- family lots) (northeast corner of intersection of Durston Road and North 25th Avenue) (P-02032) Building Inspection Division report for August 2002 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 Youngman and Mayor Pro Tempore Cetraro; those voting No, none. 09-09-2002 -2- Approval of proiects to be funded through Parkland Improvement Fund for Fiscal Year 2002-2003, as recommended by Recreation and Parks Advisory Board Included in the Commissioners' packets was a memo from Superintendent of Facilities and Lands James Goehrung, dated August 23, forwarding the list of projects recommended for funding during this fiscal year. Superintendent Goehrung reminded the Commissioners that the amount budgeted for park improvements was increased from $75,000 to $150,000 this year, since $75,000 had been committed to Rose Park improvements in conjunction with a disc golf course as a match for a Fish, Wildlife and Parks grant. The City was unable to qualify for the grant due to the lack of a community survey, and the Recreation and Parks Advisory Board acknowledged that disc golf would probably not be a top priority for funding. As a result, the Board has forwarded the following list of projects for funding: Kirk Park basketball court West side trail improvements Trail displays and signage Children's Memorial Garden Brookside Park BMX Kirk Park baseball fields Legion Field renovations 4,800 6,765 6,145 5,000 1,400 75,O0O 5,000 15,000 TOTAL $119,110 The Superintendent noted that $3,852 for the Tuckerman Park bridge is not included in this recommendation. He suggested that those monies not be awarded until a master plan has been developed for Tuckerman Park, preferably in conjunction with master plans for McLeod Park and Gardner Park since all three parks are located so close together. He indicated that these monies could assist in the preparation of those master plans rather than for the construction of a bridge. The Superintendent indicated that this proposal also leaves a balance of $27,038 in unallocated funds. He proposed that these monies be set aside to see if the proponents for rebuilding of the tennis courts at Southside Park are able to garner matching funds. Responding to Commissioner Hietala, Superintendent Goehrung stated that he had a meeting scheduled with members from the group that is promoting rebuilding of the tennis courts at Southside Park; however, no one from that group attended. He noted that other tennis players did attend that meeting and indicated they would follow through on the project, but he has heard nothing to date. He cautioned that the cost of totally rebuilding the courts is estimated at $120,000, which is significantly more than would be available through this funding source; and the City may need to increase the amount earmarked for this project in next year's budget. Responding to Commissioner Cetraro, Superintendent Goehrung stated that he, City Manager Johnson and others met regarding the concerns voiced by residents in Sundance Springs Subdivision about the location of the proposed trail through Tuckerman Park. As a result, he suggested that, prior to constructing any improvements, it would be preferable and logical to develop the master plans for the three parks and the trails connecting them. Commissioner Youngman voiced her support for the development of master plans for the three parks, and suggested that representatives from the neighborhoods, the community and the Recreation and Parks Advisory Board be involved to ensure that all interests are blended and reflected in those plans. Commissioner Youngman then noted that, over the years, fourteen park projects have been undertaken through this program; and they are of benefit to the community. She suggested, however, that the Commission meet in a work session with the Recreation and Parks Advisory Board to talk about big park projects. She cited Rose Park as an example of a large park that has remained undeveloped for over ten years and, thus, inaccessible to the public. She then proposed that, in future years, the $75,000 set aside 09-09-2002 3- for park improvements be earmarked for fundamental development, with those undeveloped parks to be prioritized. Superintendent of Facilities and Lands Goehrung acknowledged that a majority of the projects approved to date has been related to sports and interested groups, and he has been concerned that that approach does not represent interests across the entire community. Mayor Kirchhoff arrived at 3:20 p.m. Commissioner Hietala characterized the master planning of parks as a disaster and encouraged everyone to "think outside the box" to arrive at an innovative solution. Commissioner Brown voiced his support for addressing the overall issue prior to the next round of funding. Mr. Russ Tuckerman, 43 Gardner Park Drive, noted that the Recreation and Parks Advisory Board had recommended including the monies for the Tuckerman Park bridge in the funding for this year, but Superintendent Goehrung has recommended those monies be withheld. He then stated concurrence with the Superintendent's recommendation, noting he recognizes the need for an overall master plan. He proposed that the monies withheld from this project be used to hire a full-time planner for parks to address the backlog of work, citing the problems encountered with outsourcing the master plan for Burke Park as a reason to do the work in-house. Ms. Marilyn de Kleer, member of the Sundance Springs Homeowners' Association Board of Directors, spoke in support of using the monies earmarked for the Tuckerman Park bridge for master planning of parks in the area. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the Commission approve the projects in the list above (totaling $119,110) for funding through the Parkland Improvement Fund for Fiscal Year 2002-2003, and that the monies recommended by the Recreation and Parks Advisory Board for the Tuckerman Park bridge be used for a comprehensive master plan for Tuckerman Park, McLeod Park and Gardner Park. 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. Presentation re possible purchase of ~'AE House - Rich Noonan, Secretary, Missouri Headwaters Preservation Trust Mr. Rich Noonan, Secretary of the Missouri Headwaters Preservation Trust, announced that they obtained their 501 (c)(3) status through the IRS this spring. Mrs. Rachel Wallace, President of the Missouri Headwaters Preservation Trust, noted that, as a former member of the Historic Preservation Advisory Board, she has seen a significant amount of preservation work being done in the community; however, some projects are falling through the cracks. She cited the Story Mansion, which has served as the home of the YAE fraternity for eighty years, as one of those treasures. She suggesting that acquiring the property as a center for community activities would best serve the community. As a result, the Missouri Headwaters Preservation Trust entered into a contract to purchase the property during the second week of August and is now beginning a fundraising campaign. Mr. Rich Noonan stated that the purchase price is $1.5 million, and the Trust is trying to raise $1.8 million to cover purchase and the first stage of restoration work, including attaching the building to the foundation, repairing windows, insulating and winterizing, plumbing upgrades, kitchen upgrades and cosmetic repairs. He suggested that the property will be used extensively and, thus, pay for itself. Mr. Noonan characterized this as a once in a lifetime opportunity, cautioning that failure to capitalize on it will result in the property going back on the real estate market. He indicated that last year the Trust raised $5,000 and, since signing the buy/sell agreement, they've raised almost $4,000. He asked if the Commissioners are willing to individually endorse their efforts, and whether the City can publicly endorse the Trust's efforts. Further, he asked if the City can help the Trust pursue grants, and if the City has funds 09-09-2002 4- available to help with this project, possibly in the form of a match for a grant or as a loan. He concluded by stressing that, at this time, the Trust needs monies, not just endorsements. Responding to Commissioner Hietala, Mr. Noonan stated that the Trust is facing the need to raise $150,000 by November to continue meeting its obligations for purchase of this property. Commissioner Hietala stated that ',drivel monies" won't adequately address this issue. He then indicated that it is important to have a firm plan with alternative solutions for a project like this and asked to see more detailed information. He suggested that it may be best for the City to acquire the property and operate it, rather than the Trust. Commissioner Youngman stated she would also like to know the sources of grant funding, the matches required, and the deadlines for applications. Also, it would be beneficial to know the City's range of choices and possible sources of funding. Further, she noted that she would like the Historic Preservation Advisory Board's recommendation and how they feel this property fits in context with other properties in the community. Responding to Mayor Kirchhoff, Mr. Noonan confirmed that the Trust must raise $25,000 by a week from today, with the deadline for paying another $50,000 a month away. Also, the Trust must make $2,500 monthly payments toward maintenance, followed by a $700,000 payment in March 2003. He indicated that some relief from this schedule may be possible if the Trust can show the 7'AE housing corporation that it is performing. Mr. Noonan concluded by stating that once the community gets behind this project, he feels the larger donations will flow much easier. As a result, he requested that the City contribute $25,000 to get the process moving. Mr. Douglas Worthington, 24B Graf Street, stated he is an ~'AE alumnus and member of the housing corporation, which owns the property. He characterized the Trust's efforts to obtain and preserve the property as a proper endeavor but stated its method is not. He noted that the Missouri Headwaters Preservation Trust is now in dire straits. He views their efforts as a ploy to keep the property off the market; and the house corporation, which was chartered in 1923, needs to be able to market it. He acknowledged that, during their prior marketing of this property, they have missed opportunities to get it listed nationally or internationally in an effort to find someone with the monies to acquire it. Mr. Worthington stated he does not feel the City should proffer any monies at this time; rather, the Trust should be required to meet its own obligations. He noted that the first $2,500 maintenance payment was due September 1 but was not paid until September 7, prompting him to question whether they had the monies available before that. He cautioned that, in reality, the costs of maintaining the house, with the doors closed, is over $3,000 at the present time and will be over $6,000 in the winter. He indicated that when the Trust fails to perform on October 16, the contract will be null and void; and the house corporation can once again offer the property for sale. He noted that a realtor showed the house twice on Friday, and there were two calls of considerable interest this morning. Also, he cautioned it will cost $1 to $5 million to upgrade the facility and turn it into a community center as proposed by the Trust. He noted that fifteen years ago, the house corporation pursued historic status and found that only two rooms of the house, which was built in 1912, would qualify for grant monies, the dining room and the library. He concluded by encouraging the City to not become financially involved at this time, and reminded the Commissioners that they will have an opportunity to consider proposed future use of this site when it changes ownership. Mayor Kirchhoff noted he respects the efforts of those in the Trust who are working to preserve this important property. He indicated that he cannot support making a financial contribution at this time; rather, he feels the City should wait for proof that the Trust can perform. He further suggested that any future Commission support should be based on a recommendation from the Historic Preservation Advisory Board. Commissioner Brown expressed his encouragement to the Trust, cautioning that acquisition is the first of a three-step process. He suggested that renovation will cost more than the acquisition; and that will be followed by operations, which he anticipates will require significant subsidies. He stated he cannot commit the City to financial backing until he feels there is a reasonable chance of success, and that is definitely not at the earnest money or downpayment stage. 09-09-2002 -5- Commissioner Youngman stated her concurrence, but suggested that the City be a little more proactive. She noted that a process similar to that used to acquire Tuckerman Park, where the City offered matching monies and gave to the extent that the community did, could be helpful in attracting larger donations. She stated that she is not interested in spending monies from the General Fund for the acquisition of this property, but asked if there are any special funding sources that have monies available. She concluded by indicating her interest in the City serving as a small but critical player in saving this building, possibly by acting as a catalyst for donations. Commissioner Hietala suggested that, since the next major deadline date is October 16, the Commission has a few weeks to gather and review information and then make a decision on whether to step up to the plate or back off. Mr. Worthington suggested that obtaining the written business plan from the Missouri Headwaters Preservation Trust could be helpful. Mayor Kirchhoff reviewed the information to be gathered within the next few weeks, including financial data and grant data from the Trust, financial data from City staff, and input from the Historic Preservation Advisory Board. Mayor Kirchhoff asked if the Commissioners would be willing to sign a letter of support. They indicated a willingness to do so, and he indicated that he will prepare a letter for signatures later this week. Break - 4:15 to 4:20 p.m. Mayor Kirchhoff declared a break from 4:15 p.m. to 4:20 p.m., in accordance with Commission policy. Ordinance No. 1567 - adding Chapter 12.22 to the Bozeman Municipal Code, allowing sidewalk vendors and sidewalk displays on portions of Main Street in the downtown area Included in the Commissioners' packets was a copy of the revised Ordinance No. 1567, as prepared by the City Attorney, entitled: ORDINANCE NO. 1567 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN MONTANA PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING CHAPTER 12.22 ALLOWING SIDEWALK VENDORS AND SIDEWALK DISPLAYS ON PORTIONS OF MAIN STREET AND REVISING SECTION 12.12.020 TO ELIMINATE CONFLICTS WITH THE NEW CHAPTER. Staff Attorney Patricia Day-Moore stated that this revised ordinance reflects the changes made as a result of the Commission discussion two weeks ago. She highlighted those changes, which include adding a definition of "block face;" limiting vendors to one per block face on Main, Babcock and Mendenhall Streets; a requirement that vendors clean their areas daily and remove the garbage; and broadening of the special event section to make it easier to understand and enforce. The Staff Attorney noted that discussion with a downtown business owner has revealed his concern that permission for a vendor is required only from the business owner in front of whom the cart is to be located, and not from the adjacent business owners as required under the informal policy. She indicated that staff had discussed this issue early on and eliminated it since the business immediately behind the cart is the most impacted. Commissioner Brown suggested that Section 12.22.070.B., be changed to read "Permits may be issued under this chapter for the following uses." He also voiced concern that Subsection 5., regarding the location of bike racks, could be unclear since it says "... placed so the parked bikes run parallel with the building" and suggested it be revised to either require the bikes to be parallel to the building face or the street frontage. 09-09-2002 -6- Director of Public Service Debbie Arkell suggested that changing the language to require bikes to be parallel to the street rather than the building should provide the desired clarity; the Commissioners concurred. Mr. Bobby Cove, Bobby Lee's Gifts and Tees, stated the vending carts should be limited to one per block and that permission should be 'required from the business owners on each side as well as the business owner immediately behind the vending cart. He noted that his store front is ten to twelve feet wide and so is the store next to him. He indicated that the store next to him sets tables in front of its area, and he has watched people walk out around those tables and miss his store entirely. Responding to Commissioner Hietala, Staff Attorney Day-Moore reiterated staff's position that written permission should be required only from the business owner in front of whom a vending cart is to be located. She then indicated that Mr. Cove is in a unique position, having very narrow street frontage adjacent to another business with narrow street frontage. She noted that the problems he encountered were from tables for the adjacent business, not from a vending cart. She suggested that the ordinance requirements for placement of the tables should provide the relief he is seeking. Responding to City Manager Johnson, Staff Attorney Day-Moore stated that under the ordinance as drafted, tables may be no more than four feet wide; a minimum of 5 feet of walking space must be provided; and the two feet adjacent to the curb must be left open. She indicated that when a business seeks a permit, it must submit a plan showing the locations of the encroachments; and staff will review it in conjunction with other permits to make sure one straight open walkway is provided. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that Ordinance No. 1567, allowing sidewalk vendors and sidewalk displays on portions of Main Street in the downtown area, be finally adopted, as revised to add the words "for the" in Section 12.22.070.B. and to change Section 12.22.070.B.5. to reference "street" rather than "building," per the discussion above. 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. 1574 - addinq Chapter 8.48 to the Bozeman Municipal Code to prohibit smokinq in enclosed public places and places of employment Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1574, as prepared by the City Attorney, entitled: ORDINANCE NO. 1574 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING A NEW CHAPTER TO BE NUMBERED CHAPTER 8.48 PROVIDING FOR THE PROHIBITION OF SMOKING IN ENCLOSED PUBLIC PLACES AND PLACES OF EMPLOYMENT. City Attorney Luwe indicated that no changes have been made to this ordinance since the provisional adoption, at which time the percentage in Section 8.48.020.F. was changed from 35 percent to 40 percent. He then noted some concern has been voiced that a business may try to exempt itself from this ordinance by adding the word "casino" to the business name or by adding a gaming table; however, such an action would result in a violation of the zone code. Ms. Laurissa Stigen, McAIlister, viewed adoption of this ordinance as a positive step; however, she is concerned that those at highest risk, who are the employees in bars and casinos, will remain unprotected. She then indicated that the proponents of this ordinance are willing to assist the City with implementation and the community education process, stressing the importance of education and outreach in gaining general acceptance and compliance. Ms. Linda Lee, ProtectMontanaKids. Org., submitted a letter to the Commission. She thanked them for this step in addressing a serious public health issue but acknowledged that it falls short of completely addressing the issue. 09-09-2002 -7- Mr. Trent Cole, Belgrade, spoke in support of the ordinance. He encouraged the Commission to look carefully at enforcement of the ordinance and the potential costs that could be involved. City Attorney Luwe indicated that the Director of Public Safety, or his designee, is responsible for enforcement. Under the ordinance, a citizen may file a complaint with the Director of Public Safety, which would be forwarded to his office; or a citizen may enforce the ordinance in court without going through City staff. Mayor Kirchhoff acknowledged that education is an important issue; however, he stressed that this is an issue to be addressed by the professional staff rather than the legislative body. Commissioner Youngman thanked those who have voiced a willingness to assist in the educational efforts and suggested that developing a letter of information and a brochure would be effective. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that Ordinance No. 1574, prohibiting smoking in enclosed public places and places of employment, be finally adopted. 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. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that Director of Public Safety Mark Tymrak be directed to communicate with those who have offered to assist with public education regarding this ordinance and submit a report back to the Commission on the program to be undertaken. 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. Continued discussion - selection of votinq deleqate and alternate votinq delegate to National Leaque of Cities Conqress of Cities to be held in Salt Lake City, Utah, on December 3-7, 2002 Previously distributed in the Commissioners' packets was information on the National League of Cities Congress of Cities. It was moved by Commissioner Brown, seconded by Commissioner Youngman, that Commissioner Cetraro be selected as the voting delegate to the National League of Cities Congress of Cities, to be held in Salt Lake City, Utah, on December 3-7, 2002. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Youngman, Commissioner Hietala, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Work session - review of next round of comprehensive revisions to subdivision regulations to brin.q them into compliance with the Bozeman 2020 Community Plan Distributed just prior to the meeting was a packet of the proposed amendments to the subdivision regulations, as prepared by Associate Planner Jody Sanford. Associate Planner Sanford stated this is the next round of comprehensive revisions, designed to bring the subdivision regulations into complete compliance with the Bozeman 2020 Community Plan, as required by State law. She noted that the one-year timeline for implementation of these revisions expires on October 22, and she recognizes the ordinance implementing these revisions will probably not be in effect until two or three weeks after that date. The Associate Planner stated that the City Planning Board conducted its public hearing on these revisions at its September 4 meeting. She characterized the three-hour discussion as very good, resulting in some revisions to the amendments as recommended by staff. She noted that this work session is in preparation for the public hearing before the Commission at next week's meeting. 09-09-2002 -8- Associate Planner Sanford reviewed many of the revisions in the document, encouraging the Commissioners to concentrate on Chapter 16.14, which contains many new provisions, and Chapter 16.18, which is a completely new chapter. Under Chapter 16.14, Associate Planner Sanford noted that a requirement for neighborhood centers has been added for all subdivisions of ten acres or more. If the focal point is green space, a square or a plaza, it can be counted toward the parkland dedication requirements. Commissioner Hietala left the meeting at 5:00 p.m. due to a scheduling conflict. Responding to questions from the Commission, Planning Director Epple stated the Planning Board did discuss the desirability of a combined center for multiple landowners. This could possibly be accomplished through simultaneous applications or through the creation of a sub-area plan. He then indicated that one option is to require that, within two years, only those subdivisions covered by a sub-area plan will be considered. This approach would add predictability for both the developer and the City by identifying various items, such as the locations of streets and parks. Associate Planner Sanford turned her attention to park requirements under Section 16.14.100, noting that linear parks are to no longer be dedicated to the City, but will be maintained by the property owners' association as private land. Those areas, however, can still be counted toward the parkland dedication requirement. To address concerns about the level of maintenance provided, a maintenance plan could be required upfront, with enforcement provisions included in the association's bylaws. Also, under that Section, the Associate Planner noted that the subdivider is required to level the park area, amend the soil, seed it with drought tolerant grasses, and install an underground irrigation system with wells providing the water source for irrigation. Until 50 percent of the lots are sold, the subdivider will be responsible for irrigation. This Section further allows the Commission to grant cash-in-lieu credits for improvements beyond the minimum requirements toward the overall parkland dedication requirement, to a maximum of 25 percent of the dedication required. She indicated that this provision formalizes a policy that has been recently created. Finally, under this Section, a provision for off-site parkland dedication has been made, thus allowing for consolidation and aggregation of parkland. The Associate Planner then turned her attention to other new provisions, including Section 16.14.110, which requires landscaping of public rights-of-way along both city streets and state rights-of-way; Section 16.14.120, which identifies two types of pathways, transportation pathways and recreation pathways and their locations; and Section16.14.130, which provides for maintenance of common areas and facilities by the subdivider or property owners' association. The next new sections she addressed were Section 16.14.210, regarding transit facilities; Section 16.14.220, regarding setbacks from ridgelines; and Section 16.14.230, regarding lighting. She encouraged the Commissioners to carefully review these sections, particularly the section pertaining to lighting. Due to the lateness of the meeting, Associate Planner Sanford briefly turned her attention to Chapter 16.18, entitled "Resource Protection Subdivisions," which allows options for development of difficult sites. Responding to Commissioner Youngman, Planning Director Epple stating that housing and parks will be addressed in the next phase of the subdivision regulations. The Commissioners thanked Associate Planner Sanford for her overview of the revisions. Recess - 5:40 p.m. Mayor Kirchhoff recessed the meeting at 5:40 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Kirchhoff reconvened the meeting at 7:00 p.m. 09-09-2002 -9- Public hearing - proposed use of $14,359 in grant funds from Local Law Enforcement Block Grant Program This was the time and place set for the public hearing on the proposed use of $14,359 in grant funds from the Local Law Enforcement Block Grant Program. Mayor Kirchhoff opened the public hearing. Assistant Director of Public Safety-Transition Bill Kayser presented the staff report. He stated that the amount of grant funding available through the U.S. Department of Justice is $12,923 and, with a 10- percent local match, the total funding for these projects is $14,359. He indicated that the advisory board for this program met and, after reviewing the purpose of the monies and the proposed projects, the board recommended that the monies from the Local Law Enforcement Block Grant Program be used as follows: (1) retrofit a donated van to fully equip it as a crime scene investigation unit, (2) purchase two radios and antennas for incident command vehicles, and (3) purchase protective winter clothing and tactical holsters for the special response team. No one spoke in opposition to the proposed use of grant funds. Since there were no Commissioner objections Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the Commission approve the proposed use of $14,359 in grant funds from the Local Law Enforcement Block Grant Program, as listed above. 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. Public hearinq- Minor Site Plan with deviations from Section 18.34.050 of the Bozeman Municipal Code and Certificate of Appropriateness - Allied Engineering for Ed Mutch and Frank Manseau - allow construction of 600-square-foot addition to existing building that encroaches 3 feet into required 3-foot rear yard setback and new parking lot which encroaches 7.3 feet into required 20-foot front yard setback and 7 feet into required 15-foot corner side yard setback on Lots 14 through 17, Block 32, Northern Pacific Addition (The Brake Shop, 715 East Mendenhall Street) (Z-02164) This was the time and place set for the public hearing on the Minor Site Plan requested by Allied Engineering for Ed Mutch and Frank Manseau under Application No. Z-02164, with Certificate of Survey and deviations from Section 18.34.050 of the Bozeman Municipal Code to allow construction of a 600-square- foot addition to an existing building that encroaches 3 feet into required 3-foot rear yard setback and a new parking lot which encroaches 7.3 feet into the required 20-foot front yard setback and 7 feet into the required 15-foot corner side yard setback on Lots 14 through 17, Block 32, Northern Pacific Addition. The subject project is known as The Brake Shop, located at 715 East Mendenhall Street. Mayor Kirchhoff opened the public hearing. Assistant Planner Susan Kozub presented the staff report. She noted that the subject property is located northwest of the intersection of East Mendenhall Street and North Broadway Avenue. She 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 then briefly highlighted the special conditions recommended for approval of this project. Mr. Chris Budeski, consulting engineer representing the applicants, stated that the applicants have requested the deviations because the site is very small and they want to provide parking on site that meets code requirements. He noted that quite a bit of landscaping is proposed along the perimeter of the site to buffer the parking area; and he feels that bringing the parking on site is appropriate, rather than using an off-site location. Responding to Commissioner Hietala, Mr. Budeski stated that four on-site parking spaces are proposed, and that meets but does not exceed the code requirements. He then indicated that number is appropriate for this use. 09-09-2002 -10- NO one was present to speak in opposition to the application. Since there were no objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Minor Site Plan requested by Allied Engineering for Ed Mutch and Frank Manseau under Application No. Z-02164, with Certificate of Survey and deviations from Section 18.34.050 of the Bozeman Municipal Code to allow construction of a 600-square-foot addition to an existing building that encroaches 3 feet into required 3-foot rear yard setback and a new parking lot which encroaches 7.3 feet into the required 20-foot front yard setback and 7 feet into the required 15-foot corner side yard setback on Lots 14 through 17, Block 32, Northern Pacific Addition, be approved subject to the following conditions: The disabled accessible stall shall have one eight-foot-wide aisle. The additional five-foot-wide aisle shown on the submitted site plan shall be added to the front yard as part of the final site plan submittal, subject to review and approval by the Planning Department. The stormwater drainage/treatment plan shall include a Maintenance Plan which must be provided to and approved by the City Engineer. The plan shall include the following: description of maintenance operations, frequency of inspections and maintenance, responsible parties and record keeping methodology. The applicant shall incorporate fenestration treatment along the east elevation to provide additional character-giving features to that streetscape. Said windows shall be depicted on the exterior elevations as part of the final site plan submittal and are subject to review and approval by the Planning Department. The applicant shall incorporate an awning and window(s) to better define the main entrance. Said awning and window(s) shall be depicted on the exterior elevations as part of the final site plan submittal and are subject to review and approval by the Planning Department. The applicant must submit seven (7) copies of a final site plan within 6 months of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Department. 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, The applicant shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements at the time of final site plan submittal. If occupancy of the structure is to occur prior to the installation of all required on-site improvements, the Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve (12) months; however, all on-site improvements shall be completed by the applicant within nine (9) months of occupancy to avoid default on the method of security. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness application. Any modifications to the submitted and approved drawing shall invalidate the project's approval unless the applicant submits the proposed modifications for review and approval by the Planning Office prior to undertaking said modifications, as required by Section 18.62.040 of the zone code. 09-09-2002 -11 - Per Section 18.50.035.1, detail shall be provided on the final site plan identifying any wall mounted lighting design. Any lighting shall be arranged so as to deflect light down and/or away from anY adjoining properties and shall not detract from driver visibility on adjacent streets. Luminaires and lenses shall not protrude below the edge of the light fixture. 10. Per Section 18.50.035.D.2.b, trash enclosures shall be constructed of solid materials and shall be architecturally compatible with the principal structure. Location, details, and specifications shall be shown on final site plan. 11. Per Section 18.50.035.R, the location of the bike rack shall be clearly designated on the final site plan. Bicycle parking facilities shall be located near the main entrance to the building. 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 hearinq - Major Site Plan - Bayliss Architects for Gary Lusin - allow construction of a _+17,000- square-foot building for physical therapy offices on Lot 2, Northern Rockies Professional Center (Advanced Performance, 1532 Ellis Street) (Z-02155) This was the time and place set for the public hearing on the Major Site Plan requested by Bayliss Architects for Gary Lusin under Application No. Z-02155, to allow construction of a +17,000-square-foot building for physical therapy offices on Lot 2, Northern Rockies Professional Center. The subject property is located at 1532 Ellis Street. Mayor Kirchhoff opened the public hearing. Planning Director Andy Epple presented the staff report on behalf of Assistant Planner Jami Morris. He noted that the Northern Rockies Professional Center is located along the east side of Highland Boulevard and the south side of Ellis Street. At the present time, buildings are under construction on Lots 1 and 6; and this proposed building would be located on Lot 2. The Planning Director noted that the lots within this subdivision are relatively small, generally just larger than the footprint of the building; and the balance of the space within the planned unit development is held in common ownership and maintained by the property owners' association. The Planning Director noted that staff has reviewed this application in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. He stated that the Development Review Committee and the Design Review Board have also reviewed this application and concurred in staff's recommendation for approval, subject to several conditions. Responding to Commissioner Brown, the Planning Director stated that Dr. Campbell and Gary Lusin were joint applicants for the subdivision, but Mr. Lusin is the sole applicant for this project. Mr. Bayliss Ward, architect, stated that under this application, the second floor of the two-stow building is to house physical therapy offices, with the first floor being leased to other occupants. He noted that the materials and colors to be used on this building are designed to blend with the development currently taking place within the planned unit development. He then concluded by indicating general concurrence with the conditions recommended by staff, except for calculation of the parking spaces. He noted the staff report references four spaces per doctor and one space per employee; however, this is not a medical facility and he suggested the parking should be based on one space per 250 square feet of floor area. Responding to Commissioner Brown, Mr. Ward stated the footprint of the building is between 7,400 and 7,500 square feet, and there is a very small mezzanine on the third floor. He indicated that the building will be cut into the hillside, so there will be a ground entrance for each level. He noted that no elevator is to be installed at this time, although one could be added later if determined necessary. 09-09-2002 -12- Responding to Mr. Ward's comments regarding parking, Planning Director Epple indicated that his office will allow the applicant to itemize the uses in the building, and those uses will be the basis for determining the parking requirements. He cautioned that physical therapy is considered a medical office. No one was present to speak in opposition to the application. Since there were no objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Major Site Plan requested by Bayliss Architects for Gary Lusin under Application No. Z-02155, to allow construction of a _+17,000-square-foot building for physical therapy offices on Lot 2, Northern Rockies Professional Center, be approved subject to the following conditions: All infrastructure improvements in accordance with the conditions of approval for the Northern Rockies Subdivision, including water, sewer, Ellis Street and Highland Boulevard, shall be completed prior to issuance of a certificate of occupancy. The color palette for the buildings including material samples and color chips shall be provided, for review and approval by the Planning Office prior to final site plan approval. No rooftop or ground-mounted mechanical equipment shall be visible from adjacent properties and public streets. All mechanical equipment shall be completely screened from view and depicted as such on the final site plan. Any proposed rooftop mechanical equipment shall be incorporated into the roof form as an architectural feature that incorporates similar materials and elements as that of the building, and all ground or wall-mounted equipment shall be completely screened from view, prior to temporary occupancy being issued for the building. In order to screen wall and/or ground-mounted mechanical equipment, the Planning Office will accept the installation of a wall constructed of materials matching the building or the installation of evergreen shrubs planted at a height to obscure the equipment. The final improvement drawing shall be adequately dimensioned. A legend of all pertinent line types used shall also be provided. 5. All existing utility and other easements must be shown on the final site plan. Details for the required pretreatment sanitary sewer-sampling manhole shall be included with the final site plan. Details for the location and profile of the backflow protection device shall be indicated on the floor plans. 8. Prior to occupancy, Pretreatment Program Sanitary Sewer Surveys shall be prepared by each occupant and submitted to the Engineering Department. Existing sewer and water mains shall be clearly identified as existing. All adjacent fire hydrants shall be clearly depicted. 10. Sewer and water services shall be approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the Applicant. 11. Proposed water and sewer services shall be included in the landscaping plans. 12. The proposed handicap ramp shall be installed in accordance with Americans with Disabilities Act (ADA) standards. Proper dimensions, slopes, etc., shall be included in the detail drawings. 09-09-2002 -13- 13. The applicant must submit seven (7) copies of a final site plan and narrative, within 6 months of preliminary approval, containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Department. 14. 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. 15. The applicant shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements at the time of final site plan submittal. If occupancy of the structure is to occur prior to the installation of all required on-site improvements, the Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve (12) months; however, the applicant shall complete all on-site improvements within nine (9) months of occupancy to avoid default on the method of security. 16. A Sign Permit Application shall be reviewed and approved by the Planning Office prior to the construction and installation of any signage on-site in accordance with Section 18.65 of the City of Bozeman Zoning Ordinance, including contractor, real estate and lending institution signs temporarily posted on-site during and after construction of the building. 17. As per Section 18.50.035.A "Glare and Lighting", any lighting including that for security purposes, used to illuminate an off-street parking area, sign or other structure, shall be arranged so as to deflect light down and/or away from any adjoining properties and shall not detract from driver visibility on adjacent streets. Luminaires and lenses shall not protrude below the edge of the light fixture. 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. Public hearinq - Major Site Plan with Certificate of Appropriateness - Springer Group Architects for Buron, Inc. - allow construction of 89-unit retirement complex on Lot 1, StoneRidqe Planned Unit Development, Minor Subdivision No. 3 (Highgate House, 2219 West Oak Street) (Z-02157) This was the time and place set for the public hearing on the Major Site Plan with Certificate of Appropriateness requested by Springer Group Architects for Buron, Inc., under Application No. Z-02157, to allow construction of an 89-unit retirement complex on Lot 1, StoneRidge Planned Unit Development, Minor Subdivision No. 3. The subject project is known as the Highgate House, located at 2219 West Oak Street. Mayor Kirchhoff opened the public hearing. Assistant Planner Karin Caroline presented the staff report. She noted that the 89-unit retirement complex is located along the north side of West Oak Street, west of its intersection with North 19th Avenue at Woodland Drive extended; and Rose Park lies to the west of the subject site. She indicated that one main building is proposed, with a one-story wing for those with Alzheimer's and dementia, and a lobby area and two more wings with two and three stories. Two accesses are to be provided to the site, with one being right in/right out only and the other being full access. The Assistant Planner stated that this proposed development meets the planned unit development guidelines for the StoneRidge development. East Catron Creek is located along the west edge of the subject property, so the appropriate setback must be provided. A trail is proposed along that corridor; and 09-09-2002 -14- the applicant is proposing to extend that trail around the perimeter of the site, creating a looped linkage to other trails. Assistant Planner Caroline indicated that this application has been subject to two reviews before the Design Review Board, with a redrawing of plans occurring between those reviews. Both the Development Review Committee and the Design Review Board based their final reviews on the second set of plans, which is the set now before the Commission. She indicated that, following those reviews, both bodies concurred in staff's recommendation for approval, subject to a list of conditions. Responding to Commissioner Brown, Mr. Lowell Springer, architect representing the applicant, stated that the gap in West Oak Street is west of North 25th Avenue, and is to be completed with Phase II of Castlebar Apartments. He indicated that those road improvements should be done in the spring. Mr. Springer introduced the applicant's representatives present at this meeting. He then noted that the review process before the Design Review Board was very thorough and resulted in what he feels is a good project. He recognized that they were unable to respond to some of the Board's recommendations because of the operational needs of the facility, particularly in the Alzheimer's wing. He concluded by indicating the applicant agrees with the conditions as recommended by staff. No one was present to speak in opposition to the application. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the Major Site Plan with Certificate of Appropriateness requested by Springer Group Architects for Buron, Inc., under Application No. Z-02157, to allow construction of an 89-unit retirement complex on Lot 1, StoneRidge Planned Unit Development, Minor Subdivision No. 3, be approved subject to the following conditions: The required amount of parking is 44 spaces. The final site plan shall show the additional 2 spaces required. Applicant shall relocate the disabled spaces to offer one disabled space within each parking area. Applicant shall provide for better pedestrian circulation within the site between buildings, between buildings and adjacent Oak Street, and adjacent trail system by providing a combination of city standard sidewalks and Class I trails (3/8 minus gravel with clay binder). The final site plan shall show all proposed sidewalks and trails. Applicant shall install a Class I natural fines trail within the 35-foot stream setback along East Catron Creek near the western edge of the subject property. Applicant shall install the trail in the appropriate location as per Bozeman zone code, Section 18.50.00.D.4. The proposed trail area within the 35-foot stream setback shall be overlaid with a public access easement and shown on the final site plan. Applicant shall file the easement with the Clerk and Recorder's Office and provide the Planning Department with a copy of the easement. The proposed boulevard trees shall be a minimum of two species of trees. Applicant shall replace the proposed Honey Locust with a boulevard tree that contains a fuller and larger shape (i.e., ash or maple). Boulevard trees shall be a minimum of a 2- inch caliper. Boulevard trees shall be installed every fifty (50) feet within the boulevard area along Oak Street to provide a more formal streetscape. The proposed detention ponds shall be reconfigured to be more organic in form and shall not exceed a depth of 1.5 feet with a slope of 4:1 (4 feet horizontal to 1 foot vertical). 09-O9-20O2 -15- 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. The proposed detention pond located near the central courtyard area shall be relocated, if possible, to provide additional outdoor space for residents or to offer a better viewshed. Prior to issuance of any building permit, the curve of the parking lot (near north property line) shall be staked and inspected by the City Planning Department to check for compliance with Section 18.20.050 (Yards). The proposed parking lot lighting exceeds the maximum height allowed. Any proposed lights, including wall-mounted lights and those used for security, must be shown in detail on the final site plan. Applicant shall submit manufacturer's cutsheets for proposed lights to ensure that they comply with the Bozeman zone code. Applicant shall provide a point-by-point plot of footcandles or a polar distribution graph to show accurately the light distribution in the parking area. This information shall be reviewed and approved by the Planning Department prior to final site plan approval. The information will enable the proper lighting to be installed and no overlighting of the parking area with residential adjacency. Per the Stoneridge PUD Development guidelines, consideration shall be given for enriched passive recreational areas, landscape areas and sculptures; therefore the applicant shall provide outdoor amenities, such as picnic tables, benches, sculptures, etc., in the central courtyard area and along proposed trails for the use and enjoyment of residents and visitors. Final site plan shall include details of proposed amenities, including location. Applicant shall install two benches near the main entrance to provide respite for residents and visitors alike. Applicant shall construct the proposed trash enclosure utilizing similar materials as the proposed main buildings in order to better match the architectural character and materials of the proposed two buildings, subject to review and approval by the Planning Department. Final site plan shall show the location for the proposed trash enclosure. Outside the main dining area of the single-story structure, the applicant shall install additional landscaping to screen the small parking area which will provide a more enjoyable view. The final site plan shall show all appropriate snow storage areas which shall not interfere with pedestrian circulation. Applicant shall be allowed one monument sign for the project. No other free standing signs will be permitted. All detached business identification signs shall be permanent "ground hugger" type signs and shall not exceed a height of five feet above the underlying finish grade. Any proposed signage shall be shown in detail on the final site plan subject to review and approval by the Planning Department. Plantings along Oak Street shall be a mix of conifers, deciduous trees and lawn placed in selected areas on earthen berms to create a series of mixed groves that provide the overall project with a dramatic green skyline as well as serving as buffers from winds. Applicant shall provide landscaped berms along Oak Street accordingly: berm alone, three (3) feet maximum; shrubs only, four (4) feet maximum; or berm and plants, four (4) feet maximum. 09-09-2002 -16- 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. Within the water and pedestrian trail zone, the applicant shall install the following: a minimum of three (3) deciduous trees and a minimum of two (2) coniferous trees per 100 feet of trail length. Final landscape plan shall show this requirement. All landscape plans shall meet the requirements of the Landscape Performance Standards. Twenty-three landscaping points are required for this project and need to be shown on the final landscaping plans. Per the StoneRidge PUD development guidelines, all significant intersections between pedestrian traffic and vehicular traffic within the subdivision will be provided with stamped asphalt pedestrian crossings. These crossings shall be of a different color and texture than that of the rest of the parking area similar in style to those previously installed within prior phases of the StoneRidge PUD. Per the StoneRidge PUD development guidelines, all roof-mounted equipment including, but not limited to HVAC units, vents and miscellaneous penetrations, must be integrated into the overall roof design. All rooftop and/or exterior mechanical equipment, including ground-mounted, must be screened from view and must be shown on the final site plan. All equipment and locations are subject to review and approval of the Planning Department. Color and material palette, including brick type, cultured stone, DryVit or synthetic stucco, roofing material, etc., shall be submitted to the Planning Department for review and approval prior to any approval of final site plan or issuance of building permits. Because of its R1 designation, all proposed buildings shall be fire sprinklered and have the necessary fire walls, etc. Applicant shall be made aware that that any approval for this project that may occur, in no respects relates to the "conceptual" drawings for future villas or condos. Any further development (i.e., villas) shall undergo the necessary site plan review at that time. Applicant shall verify location of stormwater pipeline and detention basin easement in the southwest portion of the subject property to avoid conflict with future villa construction. For ease of future construction and less street cuts, the applicant is encouraged to stub out service lines for the future "villa" areas. Applicant shall provide a soils report to the Building Division along with building plan submittal information. Applicant shall show, on the final site plan, appropriate turning radius within the parking area to insure adequate maneuverability for emergency vehicles. There shall be a 10-foot separation between any structure (i.e. building, building posts/columns, etc.) and the proposed fire service line. The proposed 3-inch water line is not adequate. The water line shall be a 4-inch line and shown as such on the final site plan. A revised Stormwater Drainage Plan/Treatment Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease and other pollutants from the run-off from the private and/or public streets must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient flow directional arrows and spot elevations along drainage courses), stormwater detention/retention basin details (including basin sizing and discharge calculation and discharge structure details), stormwater discharge destination and 09-09-2002 -17- 34. 35. 36. 37. 38. 39. 40. 41. 42. a stormwater maintenance plan. If the grading design discloses any adverse impact to off-site properties, necessary design alterations and/or drainage conveyance devices and easements must be provided. The stormwater drainage/treatment plan shall include a Maintenance Plan which must be provided to and approved by the City Engineer. The plan shall include the following: description of maintenance operations, frequency of inspections and maintenance, responsible parties and record keeping methodology. Specifically: · Proposed stormwater ponds shall be clearly identified. · Stormwater calculations shall be clearly legible. The drive approach shall be constructed in accordance with the City's Standard Detail No. 02529-11 - Non-Residential Driveway Approach 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. The location of and distinction between existing and proposed sewer and water mains and easements need to be clearly depicted, as well as nearby fire hydrants and proposed fire hydrants. Plans and specifications for any water or sewer main extensions, prepared by a Professional Engineer (PE) licensed in the State of Montana, shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality (DEQ). The applicant shall also provide professional engineering services for construction inspection, post- construction certification, and preparation of mylar record drawings. Specific comments regarding the existing and proposed infrastructure shall be provided at that time. Construction shall not be initiated on the public infrastructure improvements until the plans, specifications and shop drawings have been approved and a pre-construction conference has been conducted. Landscape plans shall be prepared and certified by a registered Montana landscape architect; an individual with a degree in landscape design and two years of professional design experience; or an individual with a degree in a related field and at least five years of professional design experience. Permanent irrigation systems shall be provided to all landscaped areas. Details and specifications shall be noted on final landscape plans. 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. That the applicant must submit seven (7) copies of a final site plan within 6 months of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Director. If occupancy of any structure is to occur prior to the installation of all required on-site improvements, the applicant shall enter into an Improvements Agreement. 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 09-09-2002 -18- 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. 43. That the applicant upon submitting the final site plan for approval by the Planning Director and prior to issuance of a building permit, will also submit a written narrative outlining how each of the above conditions of approval have been satisfied or met. 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. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1) Letter from the Historic Preservation Advisory Board, dated September 1, announcing the Board's program regarding a visual history of Bozeman's built environment, which is part of their outreach efforts. (2) Newsletter from Headwaters Recycling, announcing their next meeting will be held on Wednesday, September 11, at Three Forks. (3) Agenda for the School Board meeting to be held at 7:00 p.m. tonight at the Willson School. (4) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, September 10, at the Fairgrounds. (5) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, September 10, at the Professional Building. (6) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, September 10, at the Professional Building. (7) Agenda for the Zoning Commission meeting to be held at 7:00 p.m. on Tuesday, September 10, in the Commission Room. (8) City Manager Johnson identified the location of the proposed 100-acre regional park, noting one of the concerns voiced by the County Commissioners is the costs of developing the roadways along that park. During their meeting on Thursday, he suggested that the roads, particularly West Oak Street, could be developed in phases, as traffic demands dictate. Responding to questions from the Commission, Planning Director Epple stated that the undeveloped portion of West Oak Street between North 25th Avenue and North 27th Avenue is to be improved in conjunction with Phase II of the Castlebar Apartments, a tax credit affordable housing project; and that is anticipated to be done next summer. Director of Public Service Arkell suggested that that section of the roadway could be graveled to make it usable between now and the time it is improved. (9) City Attorney Luwe noted that Governor Martz spoke at the Kiwanis luncheon meeting today, and one of the topics was proposed legislation. During her comments, she recognized that a general sales tax is not an option; however, she could support a local option tax. (10) Director of Public Service Debbie Arkell stated that North Rouse Avenue is closed again tonight to allow the contractor to replace a new valve, which is faulty. (11) Commissioner Youngman submitted the following. (1) Announced that the alcoholtask force will hold its first meeting next week. (2) Announced that the housing consultant will meet with the 09-09-2002 -19- Commission on September 23, and a town meeting has been scheduled on September 25. (3) Stated a town meeting on the new library design is scheduled on September 12. (12) Commissioner Youngman suggested that the Commission finish the newsletter that was started a few weeks ago, noting that some of the articles will require slight revision since the Commission has voted to place the fire mill levy on the ballot and has now adopted a smoking ordinance. She noted that other items for the newsletter could include an update on infrastructure projects, notification of the town meeting on housing, the All America City article, an update on the InterNeighborhood Council, and possibly one or two other small "good news" items. She proposed that the newsletter be completed later this week to be ready for mailing early next week. Responding to Commissioner Cetraro, Commissioner Youngman suggested that this newsletter be sent by itself, to get residents' attention. She recognized that future newsletters could then be included in the water bills, particularly if a note in this newsletter alerts the residents to watch their water bills for future editions. A majority of the Commissioners agreed to the printing and mailing of a City newsletter. (13) Commissioner Cetraro submitted the name of the owner of the East Main Liquor Store as a possible member of the alcohol task force; Commissioner Youngman indicated she will contact the owner, notifying her of the upcoming meeting. (14) Commissioner Brown announced that he will be participating in the interviews of engineering firms for the West Babcock Street project next Monday, prior to the Commission meeting. (15) Mayor Kirchhoff reported on his weekend trip, which went through a narrow corridor in the middle of Montana that he had not previously seen, including Harlowton and Lewistown. Adjournment - 8:00 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. STI~VEN R. KIRC'RH~FF, Mayor ATTEST: RO~[N L. SULLIVAN Clerk of the Commission 09-09-2002