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HomeMy WebLinkAbout2002-06-24 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA June 24, 2002 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, June 24, 2002, at 3:00 p.m. Present were Mayor Steve Kirchhoff (for the evening session only), Commissioner Lee Hietala, Commissioner Jarvis Brown, Commissioner Andrew Cetraro, Acting City Manager Ron Brey, Director of Public Service Debbie Arkell, Planning Director Andy Epple (for the evening session only), City Attorney Paul Luwe and Clerk of the Commission Robin Sullivan. Commissioner Marcia Youngman was absent. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Authorize absence of Commissioner Younqman from this meetinq and absence of Mayor Kirchhoff from the afternoon session It was moved by Commissioner Hietala, seconded by Commissioner Brown, that Commissioner Youngman's absence from this meeting and Mayor Kirchhoff's absence from this aftemoon's session be authorized. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown and Mayor Pro Tempore Cetraro; those voting No, none. Minutes - January 18, 2000, and May 13, May 20, May 28 and June 17, 2002 It was moved by Commissioner Brown, seconded by Commissioner Hietala, that the minutes of the meeting of May 28, 2002, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Hietala and Mayor 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, May 20 and June 17, 2002, to a later date. Consent Items Acting City Manager Brey presented to the Commission the following Consent Items. Authorize Acting City Manager to sign - Amendment to Annexation Aqreement - Bozeman School District No. 7 - 29.152 acres described as Lot 4A, Minor Subdivision No. 221A and adjacent abandoned portion of Roxi Lane (alon;;I North 27th Avenue immediately west of The Gallatin Center) Commission Resolution No. 3522 - annexinq 29.152 acres described as Lot 4A, Minor Subdivision No. 221A and adjacent abandoned portion of Roxi Lane (along North 27th Avenue immediately west of The Gallatin Center) COMMISSION RESOLUTION NO. 3522 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF A CERTAIN CONTIGUOUS TRACT OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF 06-24-2002 BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT. Acknowledge receipt of application for annexation of 7.836 acres described as Parcel B1, COS No. 1790B - William A. Phillips and Bart Manion (between South Church Avenue and South Rouse Avenue, south of Lincoln Street); refer to staff Acknowled.qe receipt of application for annexation of +0.275 acre described as Tract 1, VanHorn Subdivision - Edward L. and LeEtta Loterbauer (3324 West Babcock Street); refer to staff Authorize Actinq City Mana.qer to si.qn - Amendment No. 2 to Professional Services Agreement for Lyman Creek Reservoir Improvement Project HKM Enqineerin(~, Inc., Bozeman, Montana Authorize Actin.q City Manager to siqn. Acceptance of Easements across portions of Lot 2, COS No. 2089, from Home Depot U.S.A., Inc., as follows: (1) On-Site Waterline Easement and Aqreement, (2) On-Site Sanitary Sewer/Waterline Easement, and (3) Existing 12-inch Waterline Easement Award bid - 2002 Water Renovations - Chief Construction Specialties, Inc., Billinqs, Montana - in the bid amount of $605,081.00 Claims It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown and Mayor Pro Tempore Cetraro; those voting No, none. Presentation of Water Environment Federation (WEF) Burke Safety Award to WWTP Superintendent Tom Adams - Bill Bahr, State of Montana Department of Environmental Quality (DEQ) Mr. Bill Bahr, Environmental Specialist, State of Montana Department of Environmental Quality (DEQ), presented the letter of award to Mayor Pro Tempore Cetraro and the plaque for the George W. Burke Safety Award to Wastewater Treatment Plant Superintendent Tom Adams. He stated that treatment plants are high hazard environments, where accidents can often lead to fatalities. He voiced appreciation for those communities that provide financial support for training, equipment and safety features that protect the health of the workers and visitors. He concluded by acknowledging the efforts of Superintendent Tom Adams and Assistant Superintendent Paul Layton in creating a safe work environment. Wastewater Superintendent Tom Adams accepted the award on behalf of the City, noting that safety has been his operation's top pdority for the past twelve months. Request for City to bear costs of tree to be removed at 210 South Black Avenue - Tom Austin Included in the Commissioners' packets was a memo from Forester Ryon Stover, dated June 17, forwarding staffs recommendation. Director of Public Service Debbie Arkell stated that Section 12.30.030 of the Bozeman Municipal Code requires that if a tree is to be removed, "... full compensation for the cost of removal and the value of the tree will be paid by the persons requesting removal." She noted that in this instance, Forester Ryon Stover will be removing the tree at City expense, but the applicant is being required to pay the value of the tree, which is estimated at $1,411. She cautioned that if the Commission chooses to approve this request, the costs must be borne by one of the City's budget units. 06-24-2002 -3- Responding to questions from various Commissioners, Forester Ryon Stover stated that appraisal values are set by the Rocky Mountain Chapter in Denver, and the unit price set for a tree is $39 per square inch, which is then adjusted for condition. The diameter of this tree has been calculated at 154 square inches and, when adjusted for its very poor condition, the $1,411 value has been determined. He noted that if the tree were in perfect condition, it would be valued at $6,000. This tree was originally inventoried at $2,300 or $2,400; however, it received storm damage last year that resulted in its lowered valuation. He then indicated that the next lower category of condition is dead, and in that instance the City would remove the tree at no cost to the applicant for either valuation or removal. Mr. Tom Austin, applicant, stated that for the past fifty years or more, the driveway for 210 South Black Avenue has encroached approximately 50 inches onto the property to the north. That property, however, has recently been sold; and the new owner has indicated he will not allow that encroachment to continue. As a result, the driveway must be moved approximately five feet to the south. That relocation would result in the curb and driveway being adjacent to the trunk of the tree, making a safe turn into the driveway very difficult. He concluded by stating he is not asking to have the tree removed for free; however, he proposed a sharing of the costs. Director of Public Service Arkell noted that Mr. Austin had previously offered to bear the costs of removing the tree; however, City staff typically does that at no cost to the applicant. She stated those costs would be minimal, probably under $200, which would leave $1,211 to be covered. She noted that moving the curb cut to the edge of the tree can be done; and the result is potentially to kill the tree or further damage it through vehicles hitting it when accessing the property. Commissioner Brown acknowledged that, initially, the value on this green ash tree seems high; however, the City's tree inventory and valuations allowed it to recover a substantial amount of the costs incurred in last June's snowstorm. He suggested that valuing the trees to collect insurance but not valuing them for removal is inappropriate. Director of Public Service Debbie Arkell identified three options available: (1) applicant pays the value of the tree; (2) applicant obtains an easement to allow the existing access to remain; or (3) applicant relocates the curb cut so it is against the trunk of the tree. She noted that, if the City crews determine the tree creates a safety hazard, they will remove it for free. Commissioner Brown acknowledged that after the curb cut is moved, it may become evident that the tree is a hazard; however, he feels that determination cannot be made at this time. It was moved by Commissioner Brown, seconded by Commissioner Hietala, that the City bear the cost of removing the tree at 210 South Black Avenue. The motion failed by the following Aye and No vote: those voting Aye being none; those voting No being Commissioner Brown, Commissioner Hietala and Mayor Pro Tempore Cetraro. Presentation by Betsy Webb, Institute for Public Strategies - proposal for a Bozeman Alcohol Policy Council Included in the Commissioners' packets was a memo from Betsy Webb, Institute for Public Strategies, dated June 3, forwarding a draft proposal for a Bozeman Alcohol Policy Council. Ms. Webb, Manager of the Bozeman Underage Drinking Reduction Project, stated that several agencies are proposing the creation of a Bozeman Alcohol Policy Council. She noted that there is increased awareness of the negative impacts of underage drinking and the high number of DUIs in the community; and the Council would recommend solutions to reduce those figures. She suggested that the Council would review existing alcohol policies and recommend possible changes or additions to those policies. The Council would be comprised of ten to twelve community members and business owners and would meet over a period of nine months, submitting a final report to the Commission at the end of that time. Ms. Webb noted some people argue that the solution to underage drinking lies in education at home; however, Bozeman has a number of education and prevention programs in place, and a study has found education alone is ineffective. She recognized that law enforcement does enforce existing policies and 06-24-2002 -4- laws, and the Council would work with the Bozeman Police Department to determine if additional resources are needed. Ms. Webb stressed that the groups forwarding these recommendations are not"prohibitionists," and they do not wish to threaten businesses that sell or serve alcoholic beverages; they simply want to address alcohol issues that are already illegal. She suggested that those businesses that have good hospitality practices in place could serve as models to other businesses. Responding to Mayor Pro Tempore Cetraro, Ms. Webb stated she is seeking City support for this proposed Council. She stressed the importance of making sure that all groups are represented on the Council. She acknowledged that the Council could operate on its own, without City endorsement; however, she suggested that City endorsement would underline the importance of recognizing this is a community problem. Following brief discussion, the Commissioners indicated that a decision on this item should be delayed until a full Commission is present. Request for waiver of noise ordinance for concert at Fairqrounds on Friday, June 28 Included in the Commissioners' packets was a copy of an e-mail message from Sue Shockley, Manager of the Gallatin County Fairgrounds, requesting a waiver from the noise ordinance for a concert to be held at the Fairgrounds on Friday, June 28. Also included in the packet was a copy from Section 8.30.060 of the Bozeman Municipal Code, which limits the hours of any outdoor event. Ms. Sue Shockley, Manager of the Fairgrounds, stated there are many events at the Fairgrounds that go beyond 10:00 p.m., which conflicts with the noise ordinance. She noted this includes a concert that has been scheduled for June 28 and asked for Commission assistance in resolving the issue. Responding to Commissioner Brown, Ms. Shockley stated they have had one two-day motocross race, and a race is planned dudng the summer fair. She noted those events end in the early evening, and the motocross track receives limited use. She noted that the Fairgrounds does, however, have many horse activities that end after 10:00 p.m. Mr. Lowell Springer, member of the foundation for the Gallatin County Fairgrounds, questioned whether the noise ordinance applies to the Fairgrounds. He voiced concern that compliance with the ordinance would not allow the Board to operate the Fairgrounds efficiently or in a manner that will make it self-supporting within the next six years, particularly since events like concerts, hockey events, rodeos and competitions are needed to do so. He acknowledged that a fairgrounds facility would not be moved into an existing residential neighborhood; however, in this instance, the Fairgrounds has existed for many years. Acting City Manager Brey responded that, while the Fairgrounds is exempt from the provisions of the City's zone code because it is Gallatin County property, it is not exempt from the general provisions of the Bozeman Municipal Code. He recognized that the Fairgrounds is a unique property and indicated that staff could be directed to bring back revisions to address that property specifically. City Attorney Luwe noted that the noise ordinance prohibits sound amplification that disturbs a reasonable person; and under the ordinance, outdoor events are to end by 10:00 p.m. He asked for guidance on the type of revisions that would be desired for the Fairgrounds. Mr. Greg Raths, Chair of the Fair Board, stated the Board has considered installing lights so the motocross track can be used longer hours. He asked the Commission to waive the provisions of the noise ordinance for the June 28 concert, noting that concerts are a great way to fund the ongoing operations of the Fairgrounds. City Attomey Luwe cautioned that the provisions of the noise ordinance cannot be waived, and no revisions can be made prior to the June 28 concert. He indicated that complaints about the concert will be processed in the typical manner, with the reasonable person standard being applied if a complaint is received. 06-24-2002 -5- The Commissioners directed staff to bring back proposed revisions to the noise ordinance to address the Fairgrounds specifically for consideration when a full Commission is present. Presentation of Fall 2001 land use inventory for the community Included in the Commissioners' packets was a memo from Assistant Planner Jami Morris, dated June 19, forwarding the land use inventory map Fall 2001 updates. Assistant Planner Morris stated that City staff has been working since 1995 to identify the land use of each parcel within the city limits, and that information is now part of the GIS system and is incorporated into the Bozeman 2020 Community Plan. As part of that plan, the land use map is to be updated and made part of the public record twice a year; and this update presents the map as of December 31, 2001. Assistant Planner Morris stated this map reflects changes in the land use classifications, to accommodate some of the uses that were inappropriately classified or did not meet the definition as previously written. Those changes include adding "pdvate utility structures such as electric substations" under the Light Manufacturing designation; reclassification of all parcels previously identified as Heavy Industrial to Light Manufacturing; adding "hospitals and doctors offices" under Administrative Professional; and deleting "public utilities" under Public Facility/Park. Other changes include a 4-percent increase in the Public Facility/Park designation, both because of updated information and because of recent annexations. Responding to Commissioner Hietala, the Assistant Planner stated the graphs are reference tools, noting they help to identify where there are deficiencies in land uses and inadequacies in zoning designations. Associate Planner Chris Saunders stated that zoning designations allow for a wide variety of uses, and this land use inventory helps identify what exists and what is available. He indicated that this information can be valuable when considering proposals for future development. The Commission thanked the Planning staff for the update. Informal review - concept planned unit development for :!:8 acres located between South Church and South Rouse, south of Ice Pond Road - Bill Phillips and Bart Manion Included in the Commissioners' packets was a memo from Assistant Planner Susan Kozub forwarding the informal application for a planned unit development located between South Church Avenue and South Rouse Avenue, south of Ice Pond Road. Assistant Planner Kozub distributed a letter from the Gallatin Valley Land Trust after which she gave a brief overview of the proposal to annex 7.8 acres, establish a zoning designation of "R-3", and construct 16 duplexes under a planned unit development. She noted the project is to include a 24-foot-wide private road, natural wetlands, an ADA walkway, ramp and fishing access. Access to this development would be via South Rouse Avenue, through a lot with an existing house that is to be demolished. The applicant's engineer must verify there is adequate water and sewer capacity to serve this site. The Assistant Planner noted that the Development Review Committee reviewed this cOnceptual plan and identified the need for a secondary access. The Design Review Board has also reviewed this plan and concurs with staff's suggestion that the layout and footprints be varied to avoid the cookie cutter appearance, with varied heights and possibly changes to include tri-plexes and single-family units. The DRB also indicated it is not supportive of the dead space in the plan and suggested that a designated visitor area be provided, that on-street parking be considered, and that an alley providing access to garages be considered. They recognized that this plan maintains and enhances the significant riparian features along the creek, establishes wetlands, and provides fishing access. The DRB felt that better integration of the open space is needed. The Assistant Planner noted that, under the new zoning regulations, a 75-foot streambank setback must be provided; and relaxation of those standards will be required to allow the proposed walkways and 06-24-2002 6- ramps. She stated that staffhas determined an amendment to the land use designation is not needed since it is currently identified as suburban residential, and requested Commissioner input if this determination is not acceptable. Assistant Planner Kozub stated that she talked with Mayor Kirchhoff this morning; and he feels more comprehensive planning that provides for traffic patterns and road connections as well as trails and open space is needed, not just for this property but for the entire peninsula of county property. Mr. Bill Phillips stated they have a gentleman's agreement with Mr. Mac Evans to allow road access to Lincoln Street; however, he is not receptive to trails through his property. He noted that he has been working on the idea of developing this area for over a decade and, until he and Mr. Manion partnered, he did not feel it was possible. He then indicated that their consulting engineer has completed a sewer study and found there is adequate capacity. Mr. Clint Litle, HKM Engineering, noted that there is adequate sewer capacity; and the planned replacement of the sewer main along North Rouse Avenue next summer will further ensure that capacity. He stated they are currently in the process of addressing the flood zone issue and are completing a flood map that will demonstrate this property is outside the 100-year floodplain. Mr. Bart Manion stated he feels the conceptual plan is a good one that enhances features and provides for amenities and infill housing. Responding to Commissioner Brown, he indicated the condominiums will probably have crawl spaces but not basements. Mr. Jim Pepper, 1322 South Rouse Avenue, stated he lives not far from the proposed development and owns three acres between South Rouse Avenue and Bozeman Creek. He noted that when he spoke with the City's engineering staff, he was informed there was no sewer capacity for development; and his property is landlocked. He stated there are approximately 50 acres between Ice Pond Road, Kagy Boulevard, South Rouse Avenue and Sourdough Creek. He noted that this strip of land is about 4,300 feet long and 500 feet wide with floodplain, trail alignments and urban wildlife habitat. He stated there are at least sixteen property owners involved and urged that access points to this area be provided via East Garfield Street and East Lincoln Street, rather than destroying existing housing stock to provide access. He urged that all sixteen property owners be asked to work together on a neighborhood plan so that infrastructure issues can be addressed more comprehensively and the overall area can be designed as a unit rather than incrementally. Mr. Bill Phillips recognized that Mr. Pepper has valid concerns; however, he does not want to wait for sixteen property owners to come to agreement on future development. Mr. Bart Manion stated they have talked to the two other property owners who would be impacted by this proposed development, and feel they have forwarded a good proposal. Responding to Mr. Phillips, Assistant Planner Kozub stated that, with the length of time it takes to process a planned unit development, she does not anticipate that the project could be started yet this fall. Responding to Commissioner Hietala, Associate Planner Chris Saunders stated the Planning staff will be working with a class from the School of Architecture to study the area this fall. He cautioned that once the road is set, future development is pretty well determined. He acknowledged that development may occur one parcel at a time, but the framework for that development could be set. Commissioner Brown stated one of his biggest concerns is the potential of increased flooding problems, both upstream and downstream. He noted, in retrospect, it was inappropriate to allow such a long stretch on South Rouse Avenue without any access to the property to the east. He expressed an interest in seeing more variety in the units, possibly in a more clustered setting. He voiced support for the wetlands, elevated walkways and accesses to the stream, and noted he would like trail connectivity to Christie Fields and Burke Park. Mayor Pro Tempore Cetraro indicated his support for the comments forwarded by the Development Review Committee and the Design Review Board. He then thanked the applicants for the opportunity to review this proposal. 06-24-2002 7- Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1) Letter from Alison Van Os and Ron Kaiser, dated May 22, proposing alternative locations for the Nash Spring Creek trail. (2) E-mail from Dave Gibson voicing concern about the proposed construction of a grocery store at the intersection of Kagy Boulevard and South Third Avenue. (3) Letter from Henry Shovic, 19 Hill Street, dated June 14, opposing the proposed grocery store at the intersection of Kagy Boulevard and South Third Avenue. (4) E-mail from Mary Jane DiSanti, 18 Hill Street, voicing strong opposition to the proposed grocery store at the corner of Kagy Boulevard and South Third Avenue. (5) Letter from the State of Montana Department of Revenue, dated June 6, regarding the abandoned property audit program. (6) Invitation to attend the 2002 Montana Building Industry State Convention, which was held at the Holiday 'Inn in Bozeman on June 19 through 22. (7) Letter from three doctors encouraging the Commission to appoint a working group of community people to discuss the issue of secondhand tobacco smoke. (8) 4 holiday. Copy of the public notice that garbage collection will be a day late next week due to the July (9) meetings. June 12 updated listing of planning projects to be considered at upcoming Commission (10) Information from the transit task force, including draft minutes from the meeting held on June 20; 15-week timetable; listing of members with their phone numbers and e-mail addresses; undated letter to the Mayor from Janis Winston, Supervisor of the MDT Transit Section, regarding possible funding for a transit system; and e-mail from Marilyn Tracz indicating she is unable to serve on the task force. (11) Copy of the agenda and support information for the Montana League of Cities and Towns Board of Directors meeting held on June 21, submitted by Clerk of the Commission Sullivan. (12) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, June 25, in the Commission Room. (13) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, June 25, at the Professional Building. (14) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, June 25, at the Professional Building. (15) Agenda for the County Planning Board meeting to be held at 6:30 p.m. on Tuesday, June 25, in the Commission Room. (16) Director of Public Service Debbie Arkell stated that last Thursday night, the Recreation and Parks Advisory Board voted to open the gate on West Harrison Street adjacent to Burke Hill.. She noted that opening this roadway, which lies between the cemetery and Bozeman Deaconess Foundation property, provides access to a parking area located on City property and allows access to Burke Park and the trail. 06-24-2002 -8- Recess - 4:40 p.m. Mayor Pro Tempore Cetraro recessed the meeting at 4:40 p.m. Reconvene - 7:00 p.m. Mayor Kirchhoff reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Public hearing - Major Site Plan with Certificate of Appropriateness - Springer Group Architects for David MacDonald, DMC, Inc. - allow construction of two office buildinqs on Lot 13, StoneRid.qe Subdivision Planned Unit Development, Phase 2A (1925 North 22nd Avenue) (Z-02089) This was the time and place set for the public hearing on the Major Site Plan with Certificate of Appropriateness, as requested by Springer Group Architects for David MacDonald, DMC, Inc., under Application No. Z-02089, to allow the construction of two office buildings on Lot 13, StoneRidge Subdivision Planned Unit Development, Phase 2A. The subject property is located at 1925 North 22nd Avenue. Mayor Kirchhoff opened the public hearing. Assistant Planner Karin Caroline presented the staff report. She stated that the lot is located at the northwest corner of the intersection of North 19th Avenue and North 22nd Avenue. She noted the applicant is proposing two buildings on this lot, with Building A being a two-story structure with just under 10,000 square feet and Building B being a single-story building with slightly over 3,200 square feet. She posted two plans, noting that the Development Review Committee found the set of plans included in the packet did not provide for an emergency vehicle turnaround. To respond to that issue, the applicant has submitted a plan that includes a 20-foot-wide all weather emergency access with crash gate and drop curb. Once the lots to the north are developed, the parking lots will be connected and the emergency access can be eliminated and replaced with landscaping and a picnic area along the stream setback. Assistant Planner Caroline 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 concluded by highlighting some of the recommended conditions of approval. Mr. David MacDonald, applicant, stated his intent is to design a project that is distinctive and attractive and that will complement the community. He indicated that when this project is completed, four lots will be tied together architecturally, with a slight difference from the buildings currently being constructed. The project is to be designed to minimize parking exposure to North 19th Avenue and to attract customers into the complex. He concluded by indicating concurrence with the staff report and recommended conditions. No one was present to speak in opposition to the proposed major site plan. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Major Site Plan with Certificate of Appropriateness, as requested by Springer Group Architects for David MacDonald, DMC, Inc., under Application No. Z-02089, to allow the construction of two office buildings on Lot 13, StoneRidge Subdivision Planned Unit Development, Phase 2A, be approved subject to the following conditions: Prior to issuance of any building permit, the corners of the parking lot shall be staked and inspected by the City Planning Department to check for compliance with Section 18.50.060.C (Watercourse Setback). Applicant shall relocate the trash enclosure to the west of its proposed location to allow for continued use in the future with no further relocation needed. 06-24-2002 -9- 10. 11. 12. 13. 14. 15. Applicant shall construct the proposed trash enclosure to better match the architectural character and materials of the proposed two buildings. Applicant shall be allowed one monument sign total for both buildings. 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. Applicant shall provide a comprehensive sign plan for the two office buildings. The plan shall include the size and location of buildings and the size and location of the proposed signs. The purpose of the plan is to coordinate graphics and signs with building design and shall be subject to review and approval by the Planning Department. The comprehensive signage plan shall be submitted with the final site plan application. Applicant shall provide the approved street lighting along the north side of North 22nd Avenue. Applicant may be required to install one more streetlight along North 22nd Avenue between Lot 13 and Lot 12. Applicant shall landscape all earthen berms accordingly: berm alone, three (3) feet maximum; shrubs only, four (4) feet maximum; or berm and plants, four (4) feet maximum. Boulevard trees shall be a minimum of two species of trees and the trees appropriately staked. Applicant shall locate the proposed boulevard trees along North 19th Avenue within the property line, approximately 8-10 feet west of the property line paralleling North 19th Avenue. Within the Water and Pedestrian Trail (W&PT) 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 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 Administrative Design Review staff. 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. Applicant shall redesign the parking lot and interior parking lot island to allow access for emergency vehicles including provisions for turn-around capability. Final parking lot layout/design will be subject to review and approval by the City's Fire Department, Engineering Department and Director of Public Service. Applicant shall incorporate a brick finish to the north and south elevation entrances to provide more detailing and accented entrance areas. The applicant shall provide a detailed cross-section of the proposed 50-foot greenway corridor along North 19th Avenue, extending from edge of asphalt to the building footprint. The cross-section shall illustrate location of landscaping proposed, swale area (including proposed slope), existing sidewalks along North 19th Avenue, etc. It is suggested that the applicant use the Holiday Convenience 06-24-2002 -10- 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. Store site located at the northwest corner of North 19th Avenue and Durston Road as a good example of a landscaped swale area. The existing retention pond near North19th Avenue was a temporary pond installed due to phasing of the subdivision. This pond shall be removed rather than expanded as shown. In its place, the drainage swale called for in the original Stoneddge PUD submittal shall be installed along the entire frontage of this lot. 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 the 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 pedod 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 conditions of approval has been satisfied or met. All special conditions and code provisions shall constitute restrictions running with the land; shall be binding upon the owner of the land, his successors or assigns; shall be consented to in writing by the applicant prior to commencement of the use; and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner pdor to the final site plan approval or commencement of the use, The final site plan shall be adequately dimensioned. A Stormwater DrainagefT'reatment Grading Plan and Maintenance Plan fora system designed to remove solids, silt, oils, grease, and other pollutants must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations), stormwater detention/retention basin details (including basin sizing and discharge calculations, and discharge structure details), stormwater discharge destination, and a stormwater maintenance plan. A stormwater easement must be established on the adjacent property and filed with the County Clerk and Recorder's Office for the retention pond and discharge course if located off the subject property. Plans and specifications for any fire service line must be prepared in accordance with the City's Fire Service Line Policy by a Professional Engineer (PE), and be provided to and approved by the City Engineer prior to initiation of construction of 06-24-2002 -11 - 26. the fire service line or fire protection system. The applicant shall also provide professional engineering services for construction inspection, post-constrUction certification, and preparation of mylar record drawings. Sewer and water services shall be shoWn on the final site plan and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. 27. The location of existing water and sewer mains shall be properly depicted, as well as nearby fire hydrants. Proposed main extensions shall be labeled "proposed." 28. The drive approach shall be constructed in accordance with the City's standard approach (i.e., concrete apron, sidewalk section and drop-curb) and shown as such on the final site plan. A City Curb Cut and Sidewalk Permit shall be obtained prior to final site plan approval. 29. City standard sidewalk shall be installed and properly depicted at the standard location (i.e., 1 foot off property line) along the street(s) frontage. Any deviation to the standard alignment or location must be approved by the City Engineer. 30. Typical curb details (i.e., raised and/or drop curbs) and typical asphalt paving section detail shall be provided to and approved by the City Engineer. Concrete curbing shall be provided around the entire new parking lot perimeter and adequately identified on the final site plan. 31. The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, turbidity exemption, etc.) shall be obtained prior to final site plan approval. 32. All existing utility and other easements must be shown on the final site plan. 33. Adequate snow storage area must be designated outside the sight triangles, but on the subject property (unless a snow storage easement is obtained for a location off the property and filed with the County Clerk and Recorder's Office). 34. Drive approach and public street intersection sight triangles shall be free of plantings which at mature growth will obscure vision within the sight triangle. 35. If construction activities related to the project result in the disturbance of more than 5 acres of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality, Water Quality Bureau, shall be contacted by the applicant to determine if a Stormwater Discharge Permit is necessary. If required by the WQB, an erosion/sediment control plan shall be prepared for disturbed areas of 5 acres or less if the point of discharge is less than 100 feet from State waters. 36. Applicant shall move the proposed disabled parking space for Building B closer to the main entrance on the north side of the building. The motion carded by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. 06-24-2002 12- Public hearinq ~ Variances from Sections 18.50.110.B. and 18.50.110.K,, Bozeman Municipal Code, to allow vehicles to back into the public right-of-way and allow parkin.q in the front yard setback on Tract 29, Northeast Annexation (2102 North Rouse Avenue) - Pat and Cliff Karaqiosis (Z-02093) This was the time and place set for the public headng on the variances from Section.18.50.110.B. and 18.50.110.K. of the Bozeman Municipal Code, as requested by Pat and Cliff Karagiosis under Application No. 7-02093, to allow vehicles to back into the public right-of-way and to allow parking in the front yard setback on Tract 29, Northeast Annexation. The subject property is located at 2102 NOrth Rouse Avenue. Mayor Kirchhoff opened the public hearing. Assistant Planner Kadn Caroline presented the staff report, which pertains to both this agenda item and the next one. She noted this is the southernmost lot in Lonny Walker's three-lot minor subdivision; and the applicant proposes to convert the existing garage/shed on the site into a dog grooming, doggie daycare and pet sifting service facility. In conjunction with this application, the applicants are seeking variances to allow vehicles to-park in the front yard setback and to back into the public right-of-way. Assistant Planner Caroline reminded the Commissioners that they had previously approved a subdivision variance to allow the area in front of the garage/shed and appliance store to remain as it is and to allow vehicles to park in the front yard setback and to back into the public right-of-way. She noted the street involved is North Rouse Avenue, which carries little traffic and is not developed to City standards. The Assistant Planner characterized this business as a drop off and pick up type business. She indicated that the four required off-street parking spaces are being provided, with two of the spaces complying with code and two being located in the front yard setback. Assistant Planner Caroline stated that staff has reviewed this application in light of the three cdteria for consideration of variances, and staff's comprehensive findings are contained in the written staff report. She briefly reviewed those findings, and forwarded staff's recommendation for approval. Mrs. Pat Karagiosis, 1710 Driftwood, stated she has had her business in her home for the past five years and wishes to move to a new location and continue her operation. Mr. Dan Yochem, 9270 Trooper Trail, stated he is the realtor in this transaction and, as a result, has visited the site several times. He noted that, with the lack of traffic, it is no problem to back into the street. He then indicated he has also been a customer of this service for the past three years and is pleased with it. He concluded by encouraging approval of the requested variances. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the variances from Section 18.50.110.B. and 18.50.110.K. of the Bozeman Municipal Code, as requested by Pat and Cliff Karagiosis under Application No. Z-02093, to allow vehicles to back into the public right-of-way and to allow parking in the front yard setback on Tract 29, Northeast Annexation, be approved. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. Public hearinq - Conditional Use Permit - Pat and Cliff Kara.qiosis - allow conversion of existing garaGe/shed located on Tract 29, Northeast Annexation, into doq .qroominG, doGGie davcare and pet sitting service facility (2102 North Rouse Avenue) (Z-02093) This was the time and place set for the public hearing on the Conditional Use Permit requested by Pat and Cliff Karagiosis under Application No. 7-02093, to allow conversion of the existing garage/shed located on Tract 29, Northeast Annexation, into a dog grooming, doggie day care and pet sitting service facility. The subject property is located at 2102 North Rouse Avenue. Mayor Kirchhoff opened the public hearing. 06-24-2002 -13- Assistant Planner Kadn Caroline noted the staff report for the previous agenda item pertains to this item as well. No one spoke in support of or in opposition to the requested conditional use permit; however, the testimony from the previous agenda item pertains to this agenda item as well. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Cetraro, seconded by Commissioner Hietala, that the Conditional Use Permit requested by Pat and Cliff Karagiosis under Application No. Z-02093, to allow conversion of the existing garage/shed located on Tract 29, Northeast Annexation, into a dog grooming, doggie day care and pet sitting service facility be approved subject to the following conditions: All requirements of the O'Delrs Minor Subdivision shall be met, including the filing of the final plat pdor to conversion of the garage/shed to the proposed use. Applicant shall shield the existing garage light so that all light reflects downward. Applicant may either retrofit the existing fixture, subject to review and approval by the Planning Department, or install a new fixture that complies with the zoning ordinance. If water is needed for the proposed garage/shed, the applicant may stub off the existing line to the main residence if the applicant submits, to the Water/Sewer Department, a letter from a master plumber stating that there is adequate PSI and a pressure flow test has been conducted for both the main house and the proposed extension to the pet parlor. Applicant shall be made aware that the City will not be responsible for any decrease in or loss of water pressure from the new extension should it be installed. Applicant shall remove all existing appliances, vehicles, cans, junk, etc. from the proposed parking space adjacent to the garage/shed on the north side. Applicant shall install two "Parking for customers of Pat's Pet Parlor only" signs in front of each of the proposed parking spaces on either side of the building. The right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure. All of the special conditions shall constitute restrictions running with the land use; shall apply and be adhered to by the owner of the land, successors or assigns; shall be binding upon the owner of the land, his successors or assigns; shall be consented to in wdting; and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval, or commencement of the conditional use. 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. 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. 06-24-2002 14- The motion carded by the following Aye and No vote: those voting Aye being Commissioner Cetraro, Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No, none. Public hearinq - proposed budget for Fiscal Year 2002-2003 This was the time and place set for the public hearing on the proposed budget for Fiscal Year 2002- 2003. Mayor Kirchhoff opened the public hearing. Administrative Services Director Miral Gamradt presented the staff report. He noted that the budget process began in January, with tours of all City facilities and presentations by the directors and managers that included an explanation of their needs. Following those tours, the Commissioners received an orientation from the Local Government Center regarding policies and procedures. In February, a town meeting was held to gather information on community interests and needs, and that was followed by a work session with the City Manager to identify goals and priorities to be addressed in this year's budget. Those goals are included in the budget document, along with the budgetary responses to each. The Administrative Services Director stated this budget includes an increase from $42 million to $47 million, with much of that increase attributable to $4.1 million for a new shop complex and $5.5 million in sewer renovations, funded partially through an EPA grant and partially through local matching monies. He recognized that the monies budgeted for the shop complex will not be expended in one year, but may carry through the next couple budgets. This budget also includes a net increase of 5% employees, spread throughout various departments. The Administrative Services Director noted that this increased budget is supported by an additional 9 mills. That increased levy includes 5.56 mills to cover the costs of repaying the voter-approved bond issue for the new library; 2.0 mills for an emergency fund levy to recover costs of the storm damage resulting from last year's June snowstorm and to generate a small amount for future emergencies; and the remaining 1.74 mills are needed to fund the increased budget. He indicated that this budget also includes the 1 mill levy for senior transportation, which will generate an estimated $44,000 this year. Mr. Brian Close, 406 East Olive Street, spoke in support of the mill levy for senior transportation, asking that it once again be earmarked for GalaVan. He reminded the Commissioners that when he addressed them a few weeks ago regarding the transit task force, he had requested $1,000 to fund travel to other communities in Montana with public transit systems. He noted that he subsequently submitted this request to the Western Transportation Institute (w-ri) since the Commission took no action at that time; and if VVTI does not fund this request, he will once again seek funding from the City. Mr. Jim Cannata, 608 West Babcock Street, stated that, as a taxpayer, he is concemed about the continuing increase in the City's budget. He noted that the last time he appeared before the Commission, the budget had grown from $20 million to $30 million in one year, with the voter-approved $5 million transportation bond issue being a large part of that increase. He noted that, while the City seems to be running well, the County doesn't seem to be running so well; and he is very concerned about the impacts that taxpayers may feel from large increases at that level. He questioned whether an 18-percent growth in the budget is appropriate, recognizing that the taxable value in the community has increased somewhat. He encouraged the City to find ways to increase efficiencies while ensuring the quality of life to which residents of Bozeman have become accustomed, and concluded by voicing concern that so few people are present for this agenda item. Mayor Kirchhoff acknowledged the lack of public participation in the budgeting process, noting it is a challenge to generate interest in this topic. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. Administrative Services Director Gamradt stated that growth is estimated at 2 percent per year, although the property valuation is growing at a much higher rate. 06-24-2002 -15- Responding to Commissioner Hietala, the Director estimated that the 5% new FTEs would earn an average of $30,000 to $35,000 annually, for a total of $150,000 in additional salaries plus benefits. Also, the proposed budget contains an increase in salades for existing employees for the upcoming year. Further responding to Commissioner Hietala, Director Gamradt stated the current capital improvement program has been in place forfive years; and almost all of the capital items have been funded in the year for which they were identified. He noted that this program projects capital purchases for the next five years and includes an item for unscheduled capital projects and purchases. He noted it is very rare that the City trades an item in with any useful life; rather, most items are given to another department. Commissioner Hietala turned his attention to impact fees and how they affect the City's financial situation. Director Gamradt indicated that these funds have been frozen since the lawsuit was filed. City Attorney Luwe indicated that many facets will need to be answered before it is known if any of the monies will need to be repaid. He reminded the Commission that, prior to the filing of the lawsuit, the City did expend some impact fee monies on various projects. He then indicated that he feels the adoption of self- governing powers a year ago could positively affect the City's ability to impose impact fees. Commissioner Hietala suggested that the $4.1 million for the new shop complex be spread across each of the next three years, with only $1.4 million in this fiscal year, noting that reappropriating items from prior years results in an overstatement of the real budget impacts. He also requested that the proposed 7-percent increase in water rates be revisited, particularly because of the impacts that these proposed increases will have on residents during the upcoming year. Administrative Services Director Gamradt acknowledged that the water rates could be increased less than the percentage projected; however, he encouraged the Commissioners to consider the impacts that decrease will have on capital expenditures in that fund. He noted that the cost of the reservoir cover at Lyman Creek was substantially under-estimated, and the transmission line between Hyalite Reservoir and the treatment plant will be costly. He indicated that projected water rate increases after this year are simply inflationary and will allow the continued use of cash for the purchase of smaller capital items rather than financing those items. Commissioner Brown noted that the rate projections for water, sewer and solid waste include an estimated 1-percent population growth. He stated that the actual rate of growth is closer to 2 percent and suggested that figure be used in the projections. He also voiced his support for increasing water rates by only 5 percent this year rather than the proposed 7 percent. At Commissioner Brown's request, the Administrative Services Director turned his attention to the philosophy of paying cash versus financing. He noted that, in an ideal world, those receiving benefit from an item would be paying for it. The result of this philosophy, however, would be financing of all items that last over one year, with the financing to be for the same length of time as the life of the item. The common sense approach is to pay cash whenever possible, thus avoiding financing costs; and the Director stated this approach actually results in a fair spreading of costs to all users. Director of Public Service Debbie Arkell stated that staff has looked into the costs of a water rate study and is currently trying to determine if the $50,000 expenditure would be beneficial. Commissioner Brown stated he needs more detailed financial information, particularly on the budgets for the City Commission, City Manager and Municipal Court, prior to considering adoption of the budget; the Administrative Services Director indicated he will provide that information. Commissioner Brown noted that the .2 FTE designation assigned Commissioners seems unrealistic and suggested that number be increased to .4 FTE. He also proposed that Commissioners' salaries be increased by 20 percent, which would result in an increase from $500 to $600 per month for salary and from $50 to $60 per month for expenses for Commissioners and 1% times those amounts for the Mayor. Mayor Kirchhoff stated there is a significant difference in the workload between being a Commissioner and being the Mayor, particularly since the Mayor has many cer. emonial duties. He suggested that, as the City is growing, it may be more appropriate to set a .8 FTE for the Mayor and to possibly consider a more realistic salary for the position. He characterized the City as a real corporation 06-24-2002 -16- with complex operations and suggested that amenities such as an office be provided for the Commission and possibly a secretary shared with another department. Commissioner Cetraro stated that under this system, the Commissioners should not act as experts or micro-manage the organization but should take advantage of staff expertise. He acknowledged that a meeting place would be nice and indicated he has taken advantage of the City's phone system for his calls. Administrative Services Director Gamradt stated that he had arbitrarily selected the .2 FTE designation for Commissioners and, until today, he did not realize it could have a potential impact on any Commissioner choosing to participate in the PERS program. He indicated that the FTE rating can be easily changed, noting it should be based on the average number of hours that the Commissioners work each week. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that staff be directed to amend the budget by spreading the costs of the new shop complex over three years. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Cetraro and Mayor Kirchhoff; those voting No being Commissioner Brown. It was moved by Commissioner Brown, seconded by Commissioner Hietala, that the projected increase in water rates be reduced from 7 percent to 5 percent. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Hietala, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. It was moved by Commissioner Brown, seconded by Commissioner Hietala, that the FTE assigned to Commissioners be increased from .2 to .4 FTE, and that the Commissioners' salaries be increased from $500 to $600 and that the reimbursement for expenses be increased from $50 to $60, with the Mayor's salary continuing to be set at 1~ times those rates. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Hietala and Mayor Kirchhoff; those voting No being Commissioner Cetraro. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Commission direct staff to bring back an appropriation resolution including these adjustments for Commission consideration. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Discussion (continued) - FYI Items Mayor Kirchhoff noted that one of the letters in the packets was from three doctors encouraging the Commission to appoint a working group of community people regarding the issue of secondhand tobacco smoke and asked for Commissioner comment. They are requesting the formation of a working group comprised of representatives from eight different groups in the community to meet over the next three months and discuss the issue of secondhand smoke, after which it would submit a report to the Commission. They further request that the City provide someone to facilitate the meetings and to organize the writing of the report. Commissioner Cetraro stated he has no problem with the working group forming and submitting a report to the Commission. He noted, however, he does not support assigning a City Commissioner or City staff member to provide assistance to the group. He suggested that businesses within city limits will become smoke free over the next few years, even without government interference, and noted that education is the underlying issue. He proposed that this task force be allowed to proceed without City sanction, similar to the task force on alcohol issues that was considered during the afternoon session. Commissioner Brown stated he feels this is a worthwhile cause, but the City must prioritize its efforts. Commissioner Hietala stated he is not opposed to citizens examining the cause and preparing statistics, but he does not feel the City should become involved. 06-24-2002 -17- Mayor Kirchhoff noted he will respond to Dr. Pam Hiebert, indicating that a majority of the Commissioners are willing to listen to the group but are not in favor of City participation. Adjournment - 8:55 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 carded by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. ATTEST: ROBIN L. SULLIVAN Clerk of the Commission 06-24-2002