Loading...
HomeMy WebLinkAbout2002-08-26 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA August 26, 2002 The commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, August 26, 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, 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, August 12, August 19 and Auqust 21, 2002 It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the minutes of the meeting of August 12, 2002, be approved as submitted and that the minutes of the meeting of August 21,2002, be approved as amended. 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 and August 19, 2002, to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Authorize Mayor to sign - Findings of Fact and Order - variance for StoneRidge PUD Subdivision, Phase 2B to allow street cut in West Oak Street to install culvert Authorize City Manager to sign - Acceptance of Sanitary Sewer, Water Pipeline and Access Easement Agreement- David M. MacDonald and Cheryl A. MacDonald - across Tract 5, Mountain Vista Suburb, and Tracts 6B and 7B, Amended Subdivision Plat of Tracts 6 and 7, Mountain Vista Suburb (Brookside Apartments, Phase II) Acknowledqe receipt of petition for creation of SID for street, water and sewer improvements within Bridger Center Subdivision; refer to staff 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. Recognition of City staff City Manager Johnson recognized Street/Sanitation Superintendent Roger Sicz, who has been with the City since 1984 and served as Street/Sanitation Superintendent since 1988. He noted that 08-26-2002 -2- Superintendent Sicz brought experience in the construction business with him and learned the solid waste industry through "on the job training." He stated that Superintendent Sicz has been involved in cost recovery programs, space utilization, and the opening of a Group IV area at the landfill. He concluded by presenting the Superintendent with airline tickets to Florida through the employee recognition program, and noted that the Superintendent's last day on the job is August 30. Mayor Kirchhoff thanked Street/Sanitation Superintendent Sicz for his service to the City and its residents. Street/Sanitation Superintendent Sicz stated the new baler is up and running and will enhance future recycling possibilities. He also invited the Commissioners to attend the "Waste Not Conference" scheduled for June 11 through 13, 2003, at Big Sky. He concluded by noting it has been a pleasure to work with the various City Managers and City Commissioners over the past several years. Commission direction on revisions to 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 memo from Staff Attorney Patricia Day-Moore, dated August 22, seeking Commission guidance on revisions to Ordinance No. 1567. Staff Attorney Day-Moore noted that at the meeting two weeks ago, the Commission asked that she prepare two revisions to the ordinance prior to final adoption. She indicated that, during preparation of those revisions, she encountered some problems and issues and, as a result, has provided an alternative for Commission consideration. The Staff Attorney noted that one of the revisions was to revamp the definition of a block and to allow one vending cart per block. She stated that, due to the fact that not all blocks have east/west alleys, it was not possible to implement the Commission's determination that a block included the side street to the alley. She cautioned that her alternative language is convoluted and impossible to read and instead proposed that vendors be allowed only on Mendenhall Street, Main Street and Babcock Street. She stated that no vendors would be allowed on the north/south streets, which typically do not have sidewalks wide enough to accommodate the cart and the required five-foot-wide open walking area. Also, she indicated that the ordinance limits vendors to one per block except that two vendors are allowed between Broadway Avenue and Wallace Avenue and between Rouse Avenue and Bozeman Avenue, which are both double blocks. Commissioner Brown stated that he discussed this issue with Staff Attorney Day-Moore and proposed that the Commission allow one vendor per block face, which would dramatically simplify the issue. He noted that the language proposed in the memo is very difficult to read and he feels it is incomplete. He acknowledged that the result would be to double the number of vendors allowed, but he feels it would still be an acceptable level. He then indicated he feels it is appropriate to limit the carts to locations on Mendenhall Street, Main Street and Babcock Street between Broadway Avenue and Third Avenue, as proposed. Staff Attorney Patricia Day-Moore stated there are currently five vendors on Main Street, and the special permit for one of them recently expired. Staff Attorney Day-Moore turned her attention to the garbage issue, stating that when she researched the revision to ensure vendors pay an equitable portion of the garbage collection fees, she found that the City of Bozeman picks up the containers along Main Street once each week during the summer at no cost and BFI collects from those containers once a week year round at no cost to the Downtown Bozeman Partnership. In light of that research, she did not include a fee for garbage collection for vending carts; however, she did revise that section of the ordinance to require that the vendor clean up the entire area around the cart and remove the garbage rather than placing it in one of the receptacles on Main Street. Responding to questions from City Manager Johnson, the Staff Attorney confirmed that the special permits would be annual permits for the calendar year and would be issued on a first come first served basis. 08-26-2002 3- Mr. Brian Close, 406 East Olive Street, voiced support for allowing vendors on the north/south streets. He also proposed that, rather than first come first served, the City put the blocks out for bid, possibly through the silent auction process. Ms. Marilyn Tracz, Downtown Bozeman Partnership, clarified the arrangement with BFI for trash collection, noting that they receive a membership in lieu of garbage collection fees; and the membership would cost them $1,300. As a result, she stated the Partnership does incur additional costs because of that decrease in revenue. She feels there should be a cost for the permit, noting that the vendors receive a real benefit at little cost while those businesses along Main Street pay a high price per square foot and continue operating in the bad times as well as the good times. Responding to Mayor Kirchhoff, the Staff Attorney stated she does not see a need to bid out the spaces at the present time, particularly since there are only five vendors involved. She also noted that a vendor must first receive permission from the adjacent business owner before locating in a certain block. Responding to Commissioner Youngman, the Staff Attorney stated that when this program was first implemented, former City Manager Jim Wysocki made the determination that vending carts would add to the downtown ambiance and that no fee would be assessed; and that theme has been maintained through the years. Responding to Commissioner Brown, the Staff Attorney indicated that sidewalk vendors must purchase a City business license; and those serving food must obtain the appropriate permits from the County. She also noted that one of the main purposes of the permit from the City is to ensure that the vendor has valid insurance, which costs a minimum of $500 for the season. Responding to Mayor Kirchhoff, a majority of the Commissioners indicated support for Commissioner Brown's proposal that the language be revised to allow one vendor per block face along the three east/west streets in the downtown area, and agreed with the language proposed by the Staff Attorney regarding garbage. Staff Attorney Day-Moore indicated she will make the necessary revisions and submit the ordinance for Commission consideration and final adoption. Staff report re solid waste transfer station site selection process Included in the Commissioners' packets was a memo from Project Engineer Karen Finke, dated August 20, providing a history of the process and forwarding the Site Selection Process Report for the City of Bozeman Transfer Station. Project Engineer Finke gave a power point presentation on the site selection process to date, and the results of each step. She indicated that, at the conclusion of the presentation, she is seeking Commission direction on which sites to forward to the neighborhood meetings and for which sites the economic feasibility studies are to be performed. During her presentation, the Project Engineer stated that on January 20, 2002, the Commission advertised for volunteers to serve on the Solid Waste Transfer Station Task Force; and on February 4, eleven people were appointed to that task force. On February 6, a site solicitation letter with a nomination form was sent out; and a notice was published in the Bozeman Daily Chronicle on February 10, seeking site nominations. On February 12, the task force held its first meeting. On February 20 the site nomination period ended, and ten sites had been nominated. On March 6, the preliminary field survey of those sites was conducted, and on March 7, the task force held its second meeting. At that time, the consultant determined that six of the ten sites did not have any fatal flaws. After reviewing that information, the task force identified the four top sites to be forwarded to the next step in the process. On March 20 and 21, a detailed on-site survey of the four potential sites was conducted by the consultant team, staff and the task force; and the third task force meeting was held on March 28 to identify the three most preferred sites. Project Engineer Finke noted that the following actions and meetings were not initially scheduled in the process. On April 11, the task force held a fourth meeting to reaffirm its previous action. At its April 29 meeting, the City Commission eliminated the North 19th Avenue site, added the existing landfill site, and 08-26-2002 -4- directed staff to gather information on the old landfill site and the Ogle property. She forwarded her findings at the June 17 meeting, after which the Commission directed staff to proceed with the economic feasibility study on the East Griffin Road site, the existing landfill and the Ogle site. At the July 22 Commission meeting, staff was directed to ask the task force to rank the Ogle site and any other nominated sites not previously rated that they felt should be rated. The task force met again on July 30, at which time they rated the Ogle site and the site on Davis Lane. Subsequent staff discussions with the property owner, however, reveal that the Davis site is definitely not for sale. Also, additional discussions with representatives from the Montana Department of Transportation have revealed the site on Frontage Road is still not a viable alternative due to the fact that the City would have only four or five acres available. Project Engineer Karen Finke stated that staff has scheduled a waste mass survey on February 5 to determine the remaining life of the City's landfill. She then noted that future tasks in the process of siting a transfer station include neighborhood workshops, economic feasibility studies of the top sites, Commission selection of the final site, environmental reviews and the permitting process. Responding to Mayor Kirchhoff, the Project Engineer gave a brief overview of the task force's four top ranked sites. She stated the East Griffin Road site is for sale; the Davis site is not for sale; the existing landfill is currently owned by the City; and the Ogle property could be for sale. In light of that information, Mayor Kirchhoff suggested it would not make sense to do an economic feasibility study on a site that is not for sale. The Mayor then indicated his interest in proceeding with a clean process, and proposed that the Commission request an economic feasibility study on only the top two recommended sites, since the third site is not available. Commissioner Youngman voiced concern about proceeding with just two sites, particularly in light of the lack of geographic choice. Commissioner Brown stated that, since a number of sites have dropped from consideration during this process, he feels that economic feasibility studies should be done on three sites, although he recognizes the Ogle site ranked much lower than the others. He cautioned that if only two sites are evaluated and one is lost, the Commission will then have no choice. Commissioner Youngman voiced her strong disagreement with considering the Ogle site, noting she would prefer to entertain a new site rather than proceed with that site. Responding to Commissioner Hietala, Project Engineer Finke stated the North 27th Avenue site contains only six acres and is located near what is anticipated to be a residential development. Responding to Mayor Kirchhoff, a majority of the Commissioners indicated an interest in proceeding with neighborhood workshops and economic feasibility studies on the East Griffin Road, existing landfill and Ogle sites. Break - 4:16 to 4:26 p.m. Mayor Kirchhoff declared a break from 4:16 p.m. to 4:26 p.m., in accordance with Commission policy. Staff report re solid waste transfer station site selection process (continued) Commissioner Youngman once again suggested the possibility of seeking other site nominations, preferably in the northwest area of the community. She noted that this could be done while the neighborhood meetings and economic feasibility studies are proceeding. Project Engineer Finke cautioned that opening the process to nominations of new sites could result in confusion in the process, noting the public is already fairly skeptical and frustrated. 08-26-2002 -5- Responding to Mayor Kirchhoff, the Project Engineer stated that the neighborhood meetings will be scheduled for the second week of September, and she anticipates the economic feasibility studies will be completed by the end of September. She projected that the Commission's decision will be made in mid- October to early November. She then indicated that the original timeline projected the site selection would be made on April 22. Following a brief discussion, the Commissioners chose not to open the process again. Appointments to various boards and commissions: (a) Bozeman Alcohol Policy Advisory Council, (b) City-County Health Board (city/county appointee) Included in the Commissioners' packets were an e-mail from Commissioner Youngman forwarding names to be considered for the Bozeman Alcohol Policy Advisory Council and applications for the City- County Health Board. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the following appointments be made to the Bozeman Alcohol Policy Advisory Council: MSU Bar owner Student Alcohol distributor Jenny Haubenreiser, MSU Health Promotions Donald Frye III, Haufbrau Chelsea Kostrba (or Scarlet Ainsworth if Chelsea unable to serve) 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. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the Commission appoint Timothy E. Ford to replace Mark Cechovic on the City-County Health Board, as the city-county appointee, with an initial term to expire on January 6, 2003. 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. Selection of votinq deleqate and alternate votinq deleqate to National Leaque of Cities Congress of Cities to be held in Salt Lake City, Utah, on December 3-7, 2002 Included in the Commissioners' packets was a copy of the memo from the National League of Cities, dated August 14, regarding selection of voting delegates and alternate voting delegates to the NLC Congress of Cities. Commissioner Youngman noted that information on specific workshops is not yet available, so it is difficult to decide if the conference would be beneficial. She noted, however, that the vendors are very interesting; and one of the ideas they brought back from Boston has actually saved the City essentially the cost of that trip. Commissioner Brown stated he was the voting delegate at the conference in Boston and found the only real issue that the NLC delegation voiced its opinion on was the bill pushed by the firefighters' organization for higher staffing on fire trucks; and that bill was passed by Congress despite the NLC's overwhelming opposition. Commissioner Cetraro asked that the decision be delayed for a week to give him an opportunity to discuss the conference with staff. Mayor Kirchhoff requested that this item be placed back on the agenda for a decision prior to the registration fees increasing. 08-26-2002 6- Commissioner attendance at the Montana League of Cities and Towns Convention in Butte on October 9-11, 2002 Included in the Commissioners' packets was a copy of the tentative agenda for the Montana League of Cities and Towns Convention. Commissioners Cetraro, Youngman and Hietala voiced their intentions to attend the convention. Commissioner Brown indicated he is potentially interested; and Mayor Kirchhoff stated he will not be attending the convention. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1) Letter from Paul D. Cohn, 208 Ridge Trail Road, dated August 13, supporting the Town and Country Warehouse Foods proposal to construct at the intersection of Kagy Boulevard and South Third Avenue. (2) Letter from Don Kreitz, 2001 Fairway Drive, dated August 20, indicating opposition to the Town and Country proposal. (3) Letters from Scott Bischke and Katie Gibson, 3940 Graf Street, and Carrie and Cory Lawrence, voicing opposition to the construction of a trail along the west side of Nash Spring Creek in the park in Sundance Springs Subdivision. (4) Letter from Dee Mast, Headwaters Counseling Services, thanking the Commission for adoption of the smoke free ordinance and asking that bars located in public buildings be included. (5) Letter from Greg and Judy Hamlin, dated August 19, voicing opposition to a proposal to put high-density multi-plexes in the area between South Church Avenue and South Rouse Avenue. (6) Letter from Paul and Rita Lochridge, 4713 Itana Circle, dated August 22, voicing concerns about the recommendations from the big box task force. (7) Memo from Fire Marshal Greg Megaard announcing a suspension of all outdoor burning due to dry weather conditions. (8) Press release from Senator Max Baucus announcing a counter-drug technology transfer program seminar for law enforcement officials, to be held in Billings on Tuesday, August 27. (9) E-mail from Rich Noonan, Missouri Headwaters Preservation Trust, regarding possible purchase of the old 7'AE house on South Willson Avenue. Mayor Kirchhoff asked if the Commissioners wish to receive a presentation from Mr. Noonan; a majority of the Commissioners indicated they would like to. The Mayor then asked that Mr. Noonan be scheduled for the earliest 3:00 p.m. session possible. (10) Listing of planning projects to be considered at upcoming Commission meetings. (11 ) Information sheet from the Montana League of Cities and Towns regarding the recent special legislative session. (12) 7, 2002. Minutes from the Community Affordable Housing Advisory Board meeting held on August (13) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, August 27, in the Commission Room. 08-26-2002 -7- (14) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, August 27, at the Professional Building. (15) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, August 27, at the Professional Building. (16) Agenda for the County Planning Board meeting to be held at 6:30 p.m. on Tuesday, August 27, in the Commission Room. (17) City Manager Johnson reminded the Commissioners that, a few weeks ago, he distributed a memo with an attached letter to School Superintendent Mike Redburn indicating the City is not interested in the renovation of the East Willson School for City offices. He asked if the Commissioners want to conduct a work session or if they want him to simply send the letter, so the School Board can proceed with disposition of the building in another manner. He indicated that his decision is based on the size of the facility and the fact that the City has been unable to include this on its priority list in the capital improvement program in the past two budget cycles. Following a brief discussion, the Commission directed the City Manager to send the letter to the School Superintendent. (18) City Manager Johnson noted that Ms. Gretchen Rupp did a study for MSU regarding its future water needs. Director of Public Service Arkell stated that City staff met with Ms. Rupp last week. She indicated that no requests are being made of the City; rather, the meeting was to inform the City of the findings and to note that MSU will eventually reduce its City water consumption through the drilling of additional wells. (19) City Manager Johnson submitted the following. (1) Stated that the intersection of Valley Center Road and North 19th Avenue remains a hot topic as developers in that immediate area continue to wait for others to make the road improvements required by the Montana Department of Transportation prior to additional development. (2) Noted that the City is short on staff, particularly with vacancies remaining in the positions previously filled by Water/Sewer Superintendent Mike Certalic, Assistant Street/Sanitation Superintendent Tom Wold and Street/Sanitation Superintendent Roger Sicz. (3) Stated several projects are currently underway at the Wastewater Treatment Plant, after several years of planning. (4) Noted that overlaying of previously milled streets is now being undertaken. (5) Announced that several City staff members will be attending the 4 Roles of Leadership workshop at the Comfort Inn on Wednesday. (20) Director of Public Service Debbie Arkell submitted the following. (1) Reported on the Lyman Creek project, noting it is proceeding "at a snail's pace." She noted that contract problems seem to be corrected, with the project now ready to proceed. (2) Characterized the water main project on Tamarack Street as "ugly" and one of those that could result in the Commissioners' phones ringing. She noted that problems include cutting the phone and power lines to the Montana Department of Transportation offices and improper barricading. (21) Commissioner Hietala suggested that identifying the highest and best use of the current landfill site be included in the economic feasibility study of potential transfer station sites. As a result of discussion, a majority of the Commissioners concurred that the highest and best use of the current landfill site should be included in the economic feasibility information brought back on the various sites. (22) City Manager Johnson stated that from time to time, he receives requests for waiving of various zoning, subdivision or building permit fees based on an inability to pay. He noted that research of the codes has revealed no provision for waiving of fees and asked if an administrative policy should be created for doing so, possibly through completion of a form similar to that required by the Municipal Judge for a public defender. He cautioned that the result of creating such a policy could be an increase in the number of requests. Director of Public Service Arkell stated that when she worked in the Planning office, there were occasions when the office charged only the advertising costs, since those are the out-of-pocket expenses 08-26-2002 -8- incurred. She estimated those costs at $100, which is considerably less than the $660 application fee set by resolution. Following discussion, a majority of the Commissioners felt that no administrative policy should be created; rather, requests should be considered on a case-by-case basis. 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 and completing the routine business items. Reconvene - 7:00 p.m. Mayor Kirchhoff reconvened the meeting at 7:00 p.m. Decision - Major Site Plan with Certificate of Appropriateness - TriStar Communications for Lux Transfer and Storage- allow development of 180-foot-tall telecommunications tower with associated support equipment on Lot 2, Tract 7, Gardner-Simmental Plaza (Lux Tower, 145 Simmental Way) (Z-02143) This was the time and place set for the decision on the Major Site Plan with Certificate of Appropriateness requested by TriStar Communications for Lux Transfer and Storage under Application No. Z-02143, to allow development of a 180-foot-tall telecommunications tower with associated support equipment on Lot 2, Tract 7, Gardner-Simmental Plaza. The subject project is known as the Lux Tower, and is located at 145 Simmental Way. Associate Planner Chris Saunders reminded the Commissioners that, due to the late hour of last week's meeting, they chose to delay the decision to this week. He reminded the Commission of the Telecommunications Act of 1996, which made significant legislative changes for the industry and limited portions of local government authority while preserving other portions of it. He stated that government cannot behave in a way that is discriminatory against providers; however, it may consider location, aesthetics and land use. City Manager Clark Johnson cited from Section 18.57.030.B.3. of the Bozeman Municipal Code, which requires that an applicant for a tower in excess of 40 feet shall demonstrate there are no available openings on existing facilities, and asked if the term "facilities" includes buildings, light poles and other locations where a less obtrusive installation may be accomplished. Associate Planner Saunders responded that a number of buildings in the downtown area, as well as the City's water tank and the water towers at the Pea Cannery and Riverside, serve as host to towers and antennae for several different providers. He noted that a light pole or a traffic signal fixture could host an antenna. He then indicated that no specific engineered study has been provided that documents the need for the proposed tower. Also, at the present time, the applicant has a letter of intent but no commitment to lease a space on the tower. He indicated that an existing carrier seeking a tower due to inadequate coverage would provide a study documenting antenna locations and areas of coverage and mapping the area where failure or inadequate strength of signal occurs. He then noted that the City could contract with someone to analyze its topographical features and identify difficult locations or areas; however, he cautioned that many variables still remain since each type of service has a different coverage and different needs. City Manager Johnson voiced concern that, if a tower leasing company were to install a tower and charge exorbitant rates, it would not be economically feasible to locate on the tower; and the result could be a proliferation of towers in a small area. He questioned how the City could get control over that potential type of situation. 08-26-2002 -9- The Associate Planner responded that if the applicant can document locating on an existing tower is not economically feasible, then the construction of another tower may be considered. He further noted that buildings and other existing antennae support structures must also be taken into consideration. Further responding to questions from City Manager Johnson, the Associate Planner suggested that the Commission could require a carrier to do propagation studies at various heights to determine coverages and identify whether a proposed tower is the best alternative. He cautioned that having an applicant provide that study could result in skewed data and proposed that the City retain a consultant or have knowledgeable staff to review the information. Responding to the City Manager, Staff Attorney Cooper stated that, based on the outcome of a study, the Commission could approve a tower for a height less than requested. City Manager Johnson noted that one of the community's emergency broadcast towers had to be relocated on Lone Mountain because of interference from a radio station tower. He suggested that providing for public safety is a critical issue that needs to be addressed. Responding to Mayor Kirchhoff, Associate Planner Saunders stated that a study could be funded through contributions from several companies, with the City being involved in selecting consultant and contracting for the study. Staff Attorney Cooper stated that a governing body may look at the number and height of towers, but cautioned that it cannot effectively prohibit cellular service; and the burden is on the applicant to demonstrate that the service is effectively prohibited if an application is not approved. He indicated that an application can be rejected if such denial does not result in prohibiting service or if the service can be provided by a less intrusive means, such as a stealth installation or a lower tower. Associate Saunders reviewed his memo of August 15, in which he addressed a number of the issues raised during the public hearing. He suggested that the revised Condition No. 1 addresses several of the issues revolving around radio frequency interference that can legally be addressed by a local governing body. He asked that, if the Commission imposes this condition on this application, staff be directed to include those provisions in policy to ensure that all applications are treated equally. He turned his attention to tower proliferation, cautioning that the Commission's action may not result in prohibition of services, although it may consider height and location. He indicated that dark towers could be addressed either through requiring a bond or financial guarantee or through an enforceable covenant on the property. He indicated that a covenant or agreement could also be used to ensure the perpetual maintenance of the site, with the property owner becoming responsible if the tower provider goes out of business. Associate Planner Saunders suggested that shielding of lights on a tower could be addressed in a number of different ways. He noted that a tower does not need to be lit unless required by the FAA, and one possibility could be to create a floating height limit that would be under the height for which the FAA requires lighting. He then indicated that a fully executed lease could be required, noting a variety of thresholds are available for such a requirement. He identified prior to final site plan approval as the best option, noting that is the one that provides the best control. Mayor Kirchhoff suggested that the Commission could ask the applicant to demonstrate the proposed tower is the least obtrusive means of providing service, indicating that could be a condition for approval. Commissioner Youngman suggested that the lack of that proof could also serve as a grounds for denial, stating she feels that information is essential for making a decision. She then cited Section 18.52.030.F. 1 .h., noting that the responses will play differently for different sites. She stated that, for this site, aesthetics seem to be better satisfied than they might be for other locations, particularly those adjacent to residential neighborhoods. Commissioner Brown stated it is important to establish need and the fact that no other alternatives are available. He noted that if that can't be done, then he has trouble supporting the application. He noted that the water tower at the Pea Cannery is not full, there is still space on the City's water tank, and there may still be spaces on the Riverside water tower. He indicated it is difficult to justify the proliferation of towers without proof that no other space is available or that signed contracts for carriers on the towers are in hand. 08-26-2002 -10- Commissioner Hietala noted that with the questions and answers during this discussion, he feels his issues have been well covered. Responding to Mayor Kirchhoff, City Manager Johnson cited the City's water tank site as an example of various carriers working together to address issues and provide the needed amenities for approval. He suggested that, through a similar approach, all carriers could be involved cooperatively in an effort to identify the least intrusive and most feasible way to provide service to the community. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Major Site Plan with Certificate of Appropriateness requested by TriStar Communications for Lux Transfer and Storage under Application No. Z-02143, to allow development of a 180-foot-tall telecommunications tower with associated support equipment on Lot 2, Tract 7, Gardner-Simmental Plaza, be approved subject to the following conditions: In the event the City undertakes a study or studies and/or affirmative actions to prevent interference with public safety and services communications with its consequent risk to life, health and welfare of the public, each telecommunications provider shall pay an equitable and roughly proportionate share of the costs of such study or studies and/or affirmative actions. Payment shall be made prior to the issuance or renewal of any City permit or license necessary for the installation of the tower tenants' equipment, rehabilitation of existing sites, or continued operation of existing sites, in order for the City to recoup no more than its actual costs in undertaking such a study and/or affirmative actions. If such a study and/or affirmative action is contemplated or underway at the time a tower tenant applies for approval of equipment installation, rehabilitation, or continued licensing the tenant shall pay 150% of the estimated equitable and roughly proportionate share of such costs. When the final costs of a study and/or affirmative actions are determined the City shall return to each tenant the difference between the amount paid and the actual equitable and roughly proportionate costs. The following actions by the City shall be considered affirmative actions to prevent interference: The conducting of a study by qualified professionals to evaluate the public safety and services communications system(s), assess areas of weakness relating to telecommunications interference, and make recommendations of actions to be taken to ensure the continued safe operations of the public safety and services communications systems. Such study may be conducted as a portion of a more comprehensive study. However, the financial participation shall be limited to those costs of the study relating to telecommunications interference. Replacement of equipment needed to conduct public safety and services communications due to existing or reasonably foreseeable interference from other telecommunication users. Relocation of equipment needed to conduct public safety and services communications due to existing or reasonably foreseeable interference from other telecommunication users. Purchase and installation of additional equipment needed to counteract the effects of telecommunications interference. Other actions clearly necessitated by telecommunications interference with the public safety and services communication system(s). The following actions are not affirmative actions to prevent interference: 08-26-2002 -11 - 10. 11. 12. 13. Replacement of equipment due principally to age or physical damage. Replacement of equipment with like or similar equipment utilizing the same frequencies, except when constituting an affirmative action as described above. Relocation of equipment due to office relocations, construction of emergency services stations to service expanding areas, or other non-interference related relocations. Upgrades to existing systems to provide additional capabilities that are not related to telecommunications interference. Prior to the City Commission hearing, the applicant shall provide for consideration a narrative addressing the issue of ice fall. Any mature vegetation removed during the installation of this project shall be replaced. The number of total caliper inches in the existing vegetation removed and the total number of caliper inches in the replacement vegetation, which may consist of one or more trees, shall be the same at the time the replacement vegetation is installed. The site shall be reconfigured to comply with the required setbacks for Gardner- Simmental Plaza. Setbacks are: Front yard - 100 feet; Rear yard - 50 feet; Side yard - 40 feet. Any proposed rooftop mechanical equipment proposed on future equipment shelters shall be screened from view and incorporated in some manner into the roof form of the building. A letter of approval from the Gardner-Simmental Plaza building review committee shall be included with the final site plan submittal to the City. The final improvement drawing shall be adequately dimensioned. A legend of all pertinent line types used shall also be provided. All existing utility and other easements must be shown on the final site plan. Runoff from all proposed site improvements shall be directed to on-site landscape areas to remove solids, silt, oils, grease, and other pollutants, and provide retention and/or detention prior to off-site discharge. The final site plan must provide drainage directions and sufficient spot elevations demonstrating adequate drainage from proposed site improvements to on-site landscape areas. Prior to final site plan approval, the applicant shall provide a financial guarantee for removal of the tower in the event that it no longer supports carriers, in an amount equal to the estimated costs of removal. The applicant shall be responsible for perpetual maintenance of the tower and surrounding site. In the event that the applicant is no longer owner of the tower, the property owner shall assume ownership and responsibility for maintenance of the tower through an agreement entered into prior to final site plan approval. The tower shall not be lit. In the event that future changes in FAA regulations would require the tower to be lit, it shall be modified to mitigate that requirement. Prior to final site plan approval, the applicant shall provide to the Planning Office a minimum of two executed leases for the first 100 feet of tower height plus one additional lease for each additional 100 feet or portion thereof. 08-26-2002 -12- 14. Pursuant to Section 18.57.030.B.3., the applicant shall provide clear written demonstration that no stealth or other less obtrusive options are available in the community to meet the needs provided by the proposed monopole tower, for Commission review and approval prior to final site plan approval. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Hietala and Commissioner Cetraro; those voting No being Commissioner Youngman, Commissioner Brown and Mayor Kirchhoff. Break - 8:22 to 8:35 p.m. Mayor Kirchhoff declared a break from 8:22 p.m. to 8:35 p.m., in accordance with Commission policy. Public hearing - Amendment to preliminary plat for Minor Subdivision No. 99 of Advanced Technology Park Subdivision - Bill and CherYl Roller - to remove "no access easement" on south side of Lot 3, Block 1, Minor Subdivision No. 99, along Garfield Street (2048 Analysis Drive) (P-02029) This was the time and place set for the public hearing on the amendment to the preliminary plat for Minor Subdivision No. 99 of the Advanced Technology Park Subdivision, as requested by Bill and Cheryl Roller under Application No. P-02029, to remove the "no access easement" on the south side of Lot 3, Block 1. The subject property is located along the south side of West Garfield Street and is known as 2048 Analysis Drive. Included in the Commissioners' packets was a memo from Assistant Planner Jami Morris requesting that the public hearing be opened and continued to September 3 due to a noticing error. Mayor Kirchhoff opened the public hearing. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the public hearing be continued to September 3, per staff's request. 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 hearing - Major Site Plan with Certificate of Appropriateness - J.J. Chapman for Mike Hope - allow construction of 2,312-square-foot addition and 880-square-foot outdoor dining area on existing restaurant on Lots 1, 2 and 3, Block 1, North Seventh Addition (Ferraro's, 726 North 7th Avenue) (Z-02165) This was the time and place set for the public hearing on the Major Site Plan with Certificate of Appropriateness requested by J.J. Chapman for Mike Hope under Application No. Z-02165, to allow construction of a 2,312-square-foot addition and an 880-square-foot outdoor dining area on the existing restaurant located on Lots 1,2 and 3, Block 1, North Seventh Addition. The subject property is located at 726 North 7th Avenue and houses Ferraro's Fine Italian Restaurant. Mayor Kirchhoff opened the public hearing. Assistant Planner Karin Caroline presented the staff report. She stated that under this application, an addition is to be constructed on the west side of the existing structure and an outdoor dining area is to be provided on the south side. Primary access to the site is to be from North 7th Avenue via the existing driveway. The existing access from West Aspen Street is to be eliminated, with egress being through the alley to the east. With the expansion, a total of 63 parking spaces are required; and the applicant has worked with two adjacent property owners for sharing of 34 parking spaces. The Assistant Planner stated that staff has reviewed this application in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. She also noted that the Design 08-26-2002 -13- Review Board has reviewed the application and found it acceptable. She concluded by forwarding a recommendation for approval, subject to sixteen conditions. Mr. G.K. Reiser, representing the applicant, indicated they have no objections to any of the recommended conditions. He then stated this project will result in a real improvement to the North 7th Avenue corridor. No one was present to speak in opposition to the project. 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 J.J. Chapman for Mike Hope under Application No. Z-02165, to allow construction of a 2,312-square-foot addition and an 880-square-foot outdoor dining area on the existing restaurant located on Lots 1,2 and 3, Block 1, North Seventh Addition, be approved subject to the following conditions: o The required amount of disabled parking spaces is 3. Applicant shall provide an additional disabled parking space on-site. Final site plan shall show details of the proposed trash enclosure. Trash enclosures shall be constructed so that contents are not visible from a height of five feet above grade from any abutting street or property. Details and specifications shall be shown on final site plan. 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. Final site plan shall show the location for, and a detail of, any proposed wall mounted and/or signage lighting. Lighting standards used to illuminate off-street parking areas shall not exceed twenty feet or the height of the tallest building on the lot, whichever is lower. Any proposed or existing wall-mounted lights, including 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. All boulevard trees must be located outside the street vision triangle. Tree location must be reviewed and approved by Montana Department of Transportation to ensure no highway or road signs will be blocked. Applicant shall obtain the necessary boulevard tree permits from the Forestry Division. All boulevard trees shall have a minimum caliper of one and one-half inches to two inches. Any roof-top and/or ground-mounted mechanical and utility equipment, including ground-mounted mechanical power and telephone boxes, shall be noted and shown accordingly on the final site plan, landscape plan, and exterior elevations. Typical detail(s) illustrating the materials, color, and method of screening used to screen the equipment from adjacent properties and public streets shall be provided and noted accordingly on the final site plan, for review and approval prior to final site plan approval. All plans (site, landscaping and paving/drainage) shall show proposed and existing water and sewer lines, including services to the buildings, utility lines, etc. 08-26-2002 -14- The existing sign shall be brought into compliance with the Bozeman Sign Code, Chapter 18.65 of the Bozeman Municipal Code. Proposed signs must follow required sign permitting procedures. Details and specifications shall be shown on the final site plan. 10. 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. 11. Permanent irrigation systems shall be provided to all landscaped areas. Details and specifications shall be noted on final landscape plans. 12. 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, 13. 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. 14. If occupancy of any 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. 15. 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. 16. A Stormwater Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease, and other pollutants must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient flow directional arrows and spot elevations along drainage courses), stormwater detention/retention basin details (including basin sizing and discharge calculations, and discharge structure details), stormwater discharge destination, and 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. 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. 08-26-2002 -15- Continued public hearing - Major Site Plan - Ellerbe-Becket Construction Services for Bozeman Deaconess Health Services - allow construction of new 82,073-square-foot medical office buildincl, consisting of a two-story section and a three-story section on COS M-116 (Medical Office Building 4) (Z-02142) This was the time and place set for the continued public hearing on the Major Site Plan requested by Ellerbe-Becket Construction Services for Bozeman Deaconess Health Services under Application No. Z-02142, to allow construction of a new 82,073-square-foot medical office building, consisting of a two-story section and a three-story section, on Certificate of Survey No. M-116. The proposed structure is known as Medical Office Building (MOB) 4, and results in an expansion of the existing hospital and attendant medical offices at 915 Highland Boulevard. Mayor Kirchhoff reopened the continued public hearing. Assistant Planner Karin Caroline presented the staff report. She stated under this application, Medical Office Building No. 4 (MOB4) is to be constructed on the northwest side of the existing hospital. The building is to be constructed in two segments, with one section being two stories high and the other section being three stories high. The main access to the building will be from Old Highland Boulevard, with the service entrance being from Ellis Street. She stated that some revisions have been made to the architectural renderings in the packet, including the elimination of a pedestrian canopy walkway and replacement of the metal panels on the mechanical penthouse with EFIS (Dry-vit). The Assistant Planner stated staff has reviewed this application in light of the criteria set forth in the zone code, and staff's comprehensive findings are contained in the written staff report. Based on those findings, she indicated that staff has forwarded a recommendation for approval, subject to 47 conditions. She noted that, subsequent to writing of the staff report, staff has had several meeting with applicant's representatives to address concerns about some of the 30 site specific conditions. Assistant Planner Caroline turned her attention to her memo dated August 21, in which she provided a listing of those conditions about which the applicant has voiced concerns and staff's responses. She noted that under Condition No. 4, the applicant has indicated a desire to use EFIS rather than the metal panels on the mechanical penthouse, and staff finds that proposal acceptable. Under Condition No. 6, the applicant has indicated that no signage is proposed at this time, but signage in compliance with the zone code will be sought at a later date. The Assistant Planner indicated that the condition does not need to be revised to allow signage at a later date. Under Condition No. 7, staff is proposing that outdoor amenities be provided in the green space between Lot G and Old Highland Boulevard for guests, employees and possibly patients. Condition No. 10 requires that the applicant provide boulevard trees per the zone code, along both Ellis Street and Old Highland Boulevard. The applicant is seeking a wording change in Condition No. 17, to require that the maintenance building be constructed with similar materials rather than the same materials as the main buildings; and staff has no problem with that modification. Assistant Planner Caroline stated that she distributed copies of a revised Condition No. 20, written as a joint effort of staff and applicant just prior to the hearing. She indicated that staff supports the revised condition and recommended that it be included rather than the condition contained in the staff report. She then turned her attention to Condition No. 23, which requires improvement of Ellis Street and Old Highland Boulevard to the south end of Lot E to a 26-foot-wide paved standard, back-of-curb to back-of-curb. In addition, a 10-foot-wide asphalt pathway is required along the south side of Ellis Street and the east side of Old Highland Boulevard to the Harrison Street right-of-way, then along the west side of Old Highland Boulevard from there to Hillcrest and connecting to the existing asphalt pathway along Highland Boulevard. She then indicated that Condition No. 24 can be deleted, since the applicant proposes to relocate the swale along Ellis Street and locate the asphalt walkway within the street right-of-way. Under Condition No. 26, a pedestrian access from both Ellis Street and Old Highland Boulevard to MOB4; and a pedestrian access across Old Highland Boulevard from Lot E to Lot D at MOB2, generally in the location of the existing foot path shall be provided. Condition No. 27 requires installation of bicycle and pedestrian signage in conjunction with the improvements identified in the previous conditions. The Assistant Planner stated that the applicant proposes to improve Old Highland Boulevard only to the north side of MOB3. She then indicated that the improvements to the intersection of Old Highland Boulevard and the Hillcrest entrance identified in Condition No. 29 should have been made with the application for the new retirement center facility; and the applicant has indicated a desire to not install those improvements in conjunction with this 08-26-2002 16- project. Finally, she addressed Condition No. 30, which requires the replacement of existing sidewalks and ramps that are in need of repair or don't meet ADA requirements. Mr. David Hullinger, Ellerbe-Becket Construction Services, stated they have been working on this project for a year, noting that under this application, an 82,000-square-foot building for both medical office and hospital use is proposed. He noted that the hospital is bursting at the seams today and, with a new cardiologist and other new services coming on board soon and with the need to provide for future growth, it was determined that locating this building adjacent to the existing hospital was the most appropriate despite the fact that it is the most expensive site to develop. He reminded the Commission that Parking Lot A was approved a few months ago; and it is currently under construction in anticipation of the construction of this building. He noted that there is currently a maintenance building on this site, but it is to be relocated in conjunction with this application, and they propose to use brick rather than the brick veneers used on the hospital and medical office buildings. He assured the Commission that the appearance will be the same. Mr. Hullinger turned his attention to those conditions about which they have concerns, providing their responses to the Assistant Planner's presentation. Under Condition No. 7, he suggested that they be allowed to provide the outdoor amenities closer to the buildings, where they would more likely be used by those at the medical facilities. He also voiced concern that having the public use the facilities because they are located close to the street could result in liability issues for the hospital. Under Condition No. 10, he proposed that the applicant be allowed to take the number of boulevard trees that would be planted along Ellis Street and Old Highland Boulevard and, instead, plant them along Highland Boulevard. He then indicated concurrence with the revised Condition No. 20 and immediately turned his attention to Condition No. 23. He characterized this as an issue of some concern, particularly since the five-year master plan for the medical campus includes an addition to the west end of MOB3 that will result in the need to raise Old Highland Boulevard adjacent to it by as much as three feet. He indicated a willingness to improve the street to the south end of the MOB4 project, but he feels it is inappropriate to require installation of an improvement that will be torn up in a few short years. He then proposed that the asphalt pathway be located across the street, on City property, rather than on hospital property, noting they prefer not to encourage people into essentially what is their back yard. He turned his attention to Condition No. 26, noting the first portion is acceptable, but they prefer to provide some type of deterrent for crossing the street in the middle of the parking lot, such as a hedge, rather than providing a mid-block crossing between Lots E and D. He then questioned the appropriateness of Condition No. 29, since that is not part of this project and concluded by stating he has no problem with Condition No. 30. Responding to Commissioner Brown, Mr. Hullinger stated the hospital and medical office campus covers 46 acres. Ms. Drusha Mayhue, 610 Dell Place, suggested that when future plans are brought to the Commission, they should be in context and include surrounding properties, particularly since a project can affect the surrounding area. She indicated that her concerns revolve around potential impacts on the cemetery land and on the wheat fields to the east of Highland Boulevard and behind the hospital. She stated that she does a lot of walking and hiking on the hill and in the cemetery and is concerned about the potential of decreased access to that area. She concluded by asking about the long-range plans for the hospital and how those expansions may impact the area. Ms. Mary Vant Hull, 416 East Story Street, spoke on behalf of Friends of Burke Park, noting that the 1,500+ users of the park are concerned to see development of the Bozeman Deaconess Foundation property progressing closer to the park. She encouraged the City to be proactive and protect that area through negotiation now, noting that it is too late to address the issue when an application is going through the formal review process, as evidenced by the new Aspen Point project that replaced the old Hillcrest. She cautioned that as the 400 acres of Foundation property are developed in the future, use of Burke Park will probably double or triple. She encouraged the Commission to give favorable consideration to variances, density development and zone changes that would make it attractive for the Foundation to provide parkland in the area now in wheat fields, thus protecting the park for the community. Assistant Planner Caroline indicated that the proposed MOB4 is immediately behind the hospital, in an area that is currently vacant. She also indicated that Lot E is to be expanded by 66 feet, but that area is not currently in wheat field. She noted that the hospital does have a five-year plan, but the Planning Office has nothing on file. She concluded by stating that the asphalt pathway is proposed at a 10-foot width 08-26-2002 -17- because that is the minimum width allowed for a shared facility under AASHTO standards, noting that the transportation plan identifies this area for possible future trails or linkages between trails. Mr. Phil Sparks, Facilities Manager at Bozeman Deaconess Hospital, noted that the long-range plan is designed to anticipate and accommodate the needs of the community in the future. He indicated that, for the foreseeable future, it appears that any additions will revolve around the existing hospital complex; and potential development east of Highland Boulevard is viewed as very long range. He then turned his attention to the proposed requirement for improvements to Old Highland Boulevard, reiterating their concern that if the roadway is improved along the entire length of their development, some of those improvements will need to be torn out and redone within the next few years. Ms. Liz Lewis, Vice President at the Hospital, confirmed that building adjacent to the hospital is the most costly and will require moving of major utilities, but it is the best location to meet the existing and future needs. She then indicated a willingness to share the five-year plan with the City staff but cautioned that they have done in two years what was anticipated in the five-year plan. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. Responding to Commissioner Youngman, Assistant Planner Caroline indicated that a substantial barrier, like landscaping, to encourage safe pedestrian movement from Lot E to Lot D would be acceptable to staff. She then indicated the proposed change to Condition No. 4 is acceptable; Condition No. 6 is acceptable; Condition No. 7 is a Commission determination; Condition No. 17 is acceptable; Condition No. 20 as revised is acceptable; staff supports Condition No. 23 in its original format; and Condition No. 24 should be deleted. She then noted the remaining conditions should be included as recommended. Mayor Kirchhoff characterized this as a good project, indicating general support for the conditions as recommended by staff. Commissioner Brown spoke in favor of requiring improvements to Old Highland Boulevard only to the south end of MOB4, as proposed by the applicant, noting he feels it is inappropriate to impose a condition that results in the future redoing of roads. Commissioner Youngman responded that, without those improvements, pedestrians and bicyclists have no safe way to move through the area. Responding to Commissioner Hietala, the Assistant Planner stated that an irrigation system must be installed for the landscaping that is planted. Commissioner Hietala then indicated his support for relocating the outdoor amenities closer to the building; a majority of the Commissioners concurred. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the Major Site Plan requested by Ellerbe-Becket Construction Services for Bozeman Deaconess Health Services under Application No. Z-02142, to allow construction of a new 82,073-square-foot medical office building, consisting of a two-story section and a three-story section, on Certificate of Survey No. M-116, be approved subject to the following conditions: Per Section 18.38.050 (Yards), all yards fronting public streets shall be a minimum of twenty-five feet. Front, rear, and side yard requirements shall be increased three feet for each additional five thousand square feet over total gross footprint area of twenty-five thousand, up to a maximum requirement of forty feet for rear and side yards and fifty feet for front yards. The building footprint is approximately 32,000 square feet. The applicant will be required to maintain a 28-foot setback along both Ellis Street and Old Highland Boulevard. All rooftop and/or exterior mechanical equipment including ground-mounted, on any proposed buildings, 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 Administrative Design Review staff. Applicant shall screen the maintenance area, 08-26-2002 -18- o 10. 11. 12. 13. 14. 15. 16. including the fuel tank and generator, with significant numbers or sizes of landscaping material, subject to review and approval by the Planning Department. Details of the proposed screen wall near the fuel tank and generator shall be shown on the final site plan, subject to review and approval by the Planning Department. The metal panel in curtain wall frame as well as the centria insulated penthouse structure shall be of non-reflective material. The use of EFIS in lieu of the metal panel is acceptable to Planning staff. Color and material palette, including brick type, EFIS 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. Photos of the proposed glass shall be sufficient for the glass material submittal. Final site plan shall show details of proposed directional sign or any other proposed monument sign. All signs shall meet with the requirements of Section 18.65 and follow the proper permitting procedures. Applicant shall provide outdoor amenities, such as picnic tables, benches, sculptures, etc., within close proximity to MOB4, subject to review and approval by the Planning Department. Final site plan shall include details of proposed amenities, including location. In addition, applicant shall place one pedestrian bench near the asphalt pathway along Ellis Street for the use and enjoyment of recreational users. Rows of parking are limited to a maximum of one hundred feet or eleven parking spaces. The north area of the parking lot shows 12 spaces with no landscaped median to limit unbroken rows of parking. Final landscaping plans shall show this as corrected. Final site plan shall show size of proposed plantings at the time of installation and maturity. Applicant shall install boulevard trees along the asphalt pathway on the south side of Ellis Street and along the asphalt pathway paralleling Old Highland Boulevard (to the end of the curbed area) within the right-of-way to provide a more formal streetscape. Location and tree species subject to review and approval by the Planning Department. All boulevard trees shall have a minimum caliper of one and one-half inches to two inches. All plans (site, landscaping and paving/drainage) shall show proposed and existing water and sewer lines, including services to the buildings, utility lines, etc. Any proposed wall-mounted lights, including 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. The applicant shall preserve and replant any existing vegetation that lies within the proposed parking lot E expansion area. Applicant shall install planting beds with Iow-lying shrubs or flower beds along the northwest elevation within the proposed turf area between the building and sidewalk area in order to provide a more pleasing entrance environment. Any proposed or required pedestrian crossings, at main ingress/egress points or within the proposed development area, shall be of a stamped colored concrete. 08-26-2002 -19- 17. 18. 19. 20. 21. 22. 23. Since the proposed maintenance building is clearly situated nearest to Ellis Street, the applicant shall construct the maintenance building utilizing materials similar to the proposed main buildings in order to provide compatibility between architectural design of buildings, subject to review and approval by the Planning Department. The applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SID's) for the following: Signalization of the intersection of Highland Boulevard and Ellis Street. Improvements to the intersection of Highland Boulevard and Main Street. The document filed shall specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. The applicant's engineer shall submit a comprehensive utilities design report evaluating the existing capacity of the water and sewer utilities. The report must include hydraulic evaluations of each utility for both existing and post-development demands. The report findings must demonstrate that adequate capacity is available to serve full development (i.e., 5-story build-out). If adequate water and/or sewer capacity is not available for full development, the report must identify the water and sewer system improvements required to provide necessary capacity. The applicant will be responsible for completion of all improvements required to serve the full development. Applicant shall indicate or provide locations of the existing and proposed water mains and service lines and associated meters and backflow preventers for the entire hospital complex, including the proposed Medical Office Building 4. Applicant shall provide satisfactory evidence to the City Engineering and Water/Sewer Departments that there are two existing water service feeds capable of separately supporting the entire hospital complex in the event any water lines or meters fail or need replacing and/or maintenance. Location of the required pretreatment sanitary sewer sampling manhole and associated details shall be included on the final site plan. Prior to occupancy, City of Bozeman Pretreatment Program Sanitary Sewer Surveys shall be prepared by each occupant and submitted to the Engineering Department. Plans and specifications for any required fire service line(s), designed to serve full development (i.e., 5-story build-out), must be prepared in accordance with the City's Fire Service Line Policy by a Professional Engineer (PE), and be provided to and approved by the City Engineer prior to construction of the fire service line(s) and/or fire protection system. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. In accordance with the Greater Bozeman Area Transportation Plan, 2001 Update, and to facilitate safe traffic movements, both Ellis Street and Old Highland Boulevard shall be designed and constructed to local street standards. Ellis Street will require improvement from Highland Boulevard westward to Old Highland Boulevard. Old Highland Boulevard will require improvement from Ellis Street southward to the southern entrance of existing parking Lot E. 08-26-2002 - 20 - 24. 25. 26. 27. 28. Based on historic and intended use, City Engineering is recommending that both Ellis Street and Old Highland Boulevard be constructed with 11-foot wide drive lanes, no parking lanes, and curb and gutter on both sides for a total width of 26 feet (back-of-curb to back-of-curb). In lieu of the required sidewalks, the applicant shall install an asphalt path (10-foot minimum width) along the following locations: South side of Ellis Street, from the existing Highland Boulevard path to Old Highland Boulevard. bo East side of Old Highland Boulevard, from Ellis Street to the south side of the existing Harrison Street right-of-way. West side of Old Highland Boulevard, from the south side of the existing Harrison Street right-of-way to the intersection with the Hillcrest Development entrance. North side of Old Highland Boulevard, extending eastward from the intersection with the Hillcrest Development entrance to the existing Highland Boulevard path. The ultimate location and construction of the path shall be approved by the Engineering Department and Recreation and Park Advisory Board. The applicant shall maintain and provide for the year-round maintenance of the Ellis Street and Old Highland Boulevard asphalt pathway and improvements associated with the path, including snow removal. The applicant shall provide sidewalk access between the Ellis Street and Old Highland Boulevard paths and proposed medical office building (MOB) 4. Provisions shall also be made to facilitate and encourage safe pedestrian movements from existing parking lots E to D, subject to review and approval by the Planning and Engineering Departments. To facilitate bicycle and pedestrian movements across roadways, handicapped ramps, marked crossings (type "B"), and signage shall be provided at the following locations: Southeast and northeast corners of the Ellis Street and Old Highland Boulevard intersection. Both sides of Old Highland Boulevard just south of the existing Harrison Street right-of-way. Both sides of Old Highland Boulevard between existing parking lots E and D. do Northwest and northeast corners of Old Highland Boulevard and the Hillcrest Development entrance intersection. Based on future use of Old Highland Boulevard as the primary cemetery entrance, the intersection of Ellis Street and Old Highland Boulevard shall be constructed as a "T-intersection" terminating at the existing Steel gate. Based on concerns for bicycle and pedestrian safety, the northwest corner of the intersection formed by Old Highland Boulevard and the Hillcrest Development entrance shall be improved to a City of Bozeman standard local street intersection (i.e., 15-foot radius) with concrete curb and gutter. 08-26-2002 -21 - 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. Existing sidewalks and/or handicapped ramps associated with parking lots E and F that are either cracked, unserviceable, or do not meet minimum Americans with Disabilities Act (ADA) requirements, shall be replaced. 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. 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. Applicant is encouraged to utilize berming to offer additional screening and variety in landscaping. 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. That the applicants 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. Detailed cost estimates, construction plans and methods of security shall be made a part of that Agreement. If occupancy of any 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. 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 final improvement drawing shall be adequately dimensioned. A legend of all pertinent line types used shall also be provided. All existing utility and other easements must be shown on the final site plan. Plans and specifications for water and sewer main extensions and/or modifications to existing infrastructure, prepared by a Professional Engineer (PE) registered in the State of Montana, shall be provided to and approved by the City Engineer's Office. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality (MDEQ). The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre-construction conference has been conducted. 08-26-2002 - 22 - NO building permits shall be issued prior to substantial completion and City of Bozeman acceptance of the required water and sewer infrastructure improvements. 41. Existing sewer and water mains and services shall be clearly identified as existing. All adjacent fire hydrants shall be clearly depicted. 42. Sewer and water services shall be approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. 43. A Stormwater Drainage/Treatment Grading and Maintenance Plan for a system designed to remove solids, silt, oils, grease, and other pollutants must be provided to and approved by the City Engineer. The overall plan must demonstrate adequate site drainage (including sufficient spot elevations), stormwater detention basin details (including basin sizing and discharge calculations, pond typical sections, and inlet and discharge structure details), ultimate stormwater discharge destination, and a stormwater maintenance plan. 44. Concrete curbing shall be provided around the entire new parking lot perimeters and adequately identified on the plans. In addition, the appropriate concrete curb and gutter details (standard, inverted, drop, etc.) and typical asphalt paving section detail shall be provided to and approved by the Engineering Department. 45. In the event that construction activities related to this project will result in the disturbance of more than five (5) acres of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality (MDEQ) may need to be contacted by the applicant to determine if a Stormwater Discharge Permit is necessary. If a permit is required, the applicant shall demonstrate to the City Engineer's Office full permit compliance. 46. The Montana Department of Fish, Wildlife, and Parks, Soil Conservation Service, Montana Department of Environmental Quality (MDEQ), and Army Corps of Engineers shall be contacted regarding the proposed development. Any required permits (i.e., 310, 404, Turbidity Exemption, etc.) shall be obtained by the applicant and copies provided to the City Engineer's Office prior to approval of the related plans and specifications and/or construction of the intended work. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that Condition No. 23 be amended to read: 23. In accordance with the Greater Bozeman Area Transportation Plan, 2001 Update, and to facilitate safe traffic movements, both Ellis Street and Old Highland Boulevard shall be designed and constructed to local street standards. Ellis Street will require improvement from Highland Boulevard westward to Old Highland Boulevard. Old Highland Boulevard will require improvement from Ellis Street southward to the south side of the north entrance to Medical Office Building 3 (Parking Lot F). Based on historic and intended use, City Engineering is recommending that both Ellis Street and Old Highland Boulevard be constructed with 11-foot wide drive lanes, no parking lanes, and curb and gutter on both sides for a total width of 26 feet (back-of-curb to back-of-curb). In lieu of the required sidewalks, the applicant shall install an asphalt path (10-foot minimum width) along the following locations: South side of Ellis Street, from the existing Highland Boulevard path to Old Highland Boulevard. East side of Old Highland Boulevard, from Ellis Street to the south side of the existing Harrison Street right-of-way. 08-26-2002 - 23 - West side of Old Highland Boulevard, from the south side of the existing Harrison Street right-of-way to the intersection with the Hillcrest Development entrance. North side of Old Highland Boulevard, extending eastward from the intersection with the Hillcrest Development entrance to the existing Highland Boulevard path. The ultimate location and construction of the path shall be approved by the Engineering Department and Recreation and Park Advisory Board. The amendment carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown and Commissioner Cetraro; those voting No being Commissioner Youngman and Mayor Kirchhoff. The main motion, to approve the Major Site Plan, subject to the conditions as amended by the previous vote, then 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. Discussion (continued)- FYI Items (23) Commissioner Cetraro stated that he will talk to the City Manager this week about attending both the National League of Cities and the Montana League of Cities and Towns meetings. (24) Commissioner Brown reported on a meeting he attended in Helena last Thursday. He noted that he, Assistant City Manager Ron Brey and transit task force members Brian Close and David Kack met with the transit people from the Montana Department of Transportation about the transit study previously conducted for Bozeman and the $300,000 available on an 80/20 match for purchase of buses. In light of various timing issues, the group came away with the feeling that the City cannot take advantage of those monies; rather, it must take a slower, more deliberate approach to the process. (25) Mayor Kirchhoff stated he has received a request for a proclamation regarding 9-11 and asked for Commission input. The Commissioners asked that the proclamation be included on the September 9 agenda. Adjournment- 10:15 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the meeting be adjourned. 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. STEVEN R. KI~CRNO~F, Mayor ATTEST: ROBIN L. SULLIVAN Clerk of the Commission 08-26-2002