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HomeMy WebLinkAbout2002-06-17 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA June 17, 2002 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, June 17, 2002, at 7:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner Lee Hietala, Commissioner Jarvis Brown, CommissionerAndrew Cetraro, City Manager Clark Johnson, Director of Public Service Debbie Arkell, 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 It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the absence of Commissioner Youngman from this meeting be authorized. 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. Minutes - January 18, 2000, and May 13, May 20, May 28, and June 10, 2002 It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the minutes of the meeting of June 10, 2002, be approved as amended. 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. Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, and May 13, May 20 and May 28, 2002, to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Commission Resolution No. 3521 - certifying delinquent assessments as of May 31, 2002 to the County COMMISSION RESOLUTION NO. 3521 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING SEMI-ANNUAL SPECIAL ASSESSMENT INSTALLMENTS DUE AND PAYABLE MAY 31, 2002, AND UNPAID AS OF 5:00 P.M. ON THAT DATE, DELINQUENT, PURSUANT TO SECTION 7-12-4183, MONTANA CODE ANNOTATED, AND AS PROVIDED BY CHAPTERS 2.32 AND 3.04 OF THE BOZEMAN MUNICIPAL CODE, AND DIRECTING THE DIRECTOR OF FINANCE TO CERTIFY THE SAME TO THE GALLATIN COUNTY TREASURER FOR COLLECTION. Award bid - 2002 Street Improvements - Schedule I to Bi~ Sky As~)halt, Inc., Bozeman, Montana, in the bid amount of $175,587.50; Schedule II to JTL Group, Inc., Belgrade, Montana, in the bid amount of $64,142.25 06~17-2002 -2- Award bid - Lyman Creek Reservoir Improvements - Edsall Construction Co., Bozeman, Montana, in the bid amount of $2,t75,700.00 Authorize City Manaqer to siqn - Acceptance of Public Street Easement and Easement Release - in Cattail Creek Subdivision, Phase 2, extending east from Davis Lane - SANDAN, L.L.C. Buildin~ Inspection Division report for May 2002 Claims It was moved by Commissioner Cetraro, seconded by Commissioner Hietala, 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 Cetraro, Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No, none. Public hearing - Conditional Use Permit - Emily and Alan Hooker - allow an accessory dwelling unit within the second story of an existinq garage located on Lots 23 and 24, Block 11, Butte Addition (1102 South Third Avenue) (Z-02085) This was the time and place set for the public hearing on the Conditional Use Permit requested by Emily and Alan Hooker under Application No. 7-02085, to allow an accessory dwelling unit within the second story of an existing garage on Lots 23 and 24, Block 11, Butte Addition. The subject property is located at 1102 South Third Avenue. Mayor Kirchhoff opened the public hearing. Assistant Planner Susan Kozub presented the staff report. She stated the subject property is located at the southeast comer of the intersection of South Third Avenue and West Arthur Street. She noted that the garage was constructed in 1999, and the applicant has recently obtained a building permit to allow conversion of the second story to a guest house; and he is now seeking a conditional use permit to allow cooking facilities to be added and to allow it to be rented. The Assistant Planner stated that staff has reviewed this application in light of the applicable criteria contained in the zone code, and staffs comprehensive findings are contained in the written staff report. She briefly reviewed the recommended conditions for approval, noting that Acting Water/Sewer Superintendent John Alston has determined the sewer line that serves this property is damaged and needs replacing, which eliminates the issue of the seven-year moratorium on street cuts. Mr. Alan Hooker, applicant, stated the proposed dwelling unit will have approximately 400 square feet of usable space, and the side walls are approximately 43 inches high. He stated it is their intent to allow their college-age son to live in the unit for the next four years, since he wants a separate apartment. No one was present to speak in opposition to the requested conditional use permit. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Conditional Use Permit requested by Emily and Alan Hooker under Application No. Z-02085, to allow an accessory dwelling unit within the second story of an existing garage on Lots 23 and 24, Block 11, Butte Addition, be approved subject to the following conditions: Either the main dwelling unit or the accessory dwelling unit must be actually and physically occupied as a principal residence by at least one owner of record who possesses at least an estate for life or a fifty percent fee simple ownership interest. Not more than one of the dwellings may be rented by non-owners at the same time. 06-17-2002 -3- The applicant shall file a binding deed restriction or covenant enforcing "single rental" at the Clerk and Recorder's Office prior to final site plan approval. One paved off-street parking space shall be provided for the exclusive use of the accessory dwelling unit. The final site plan and any lease agreements shall specify that the occupancy of the accessory dwelling unit shall not exceed two persons. The right to a Conditional Use 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, shall be binding upon the owner of the land, his/her successors or assigns, and shall be recorded as such with the Gallatin County Clerk and Recorder~s Office by the property owner pdor to the commencement of use. Seven (7) copies of the final site plan containing all of the conditions, corrections and modifications approved by the City Commission shall be submitted for review and approval by the Planning Director within six months of the date of approval. o Based on a street widening and resurfacing project completed in the summer of 2000, the applicant is advised that a seven year street-cut moratorium exists for South 3rd Avenue. Sewer and water services shall be approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. 8. An application and deposit for sewer service must be made at the Building Department prior to digging. 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. Public hearinq - Preliminary plat for StoneRidqe PUD Major Subdivision, Phase 2B - Morrison- Maierle, Inc., for Cape-France, Inc. - subdivide 15.20 acres described as the remaininq tract created by Minor Subdivision, Phase I of the StoneRidqe Subdivision Planned Unit Development into 16 lots (alon_(I west side of North 19th Avenue, north of North 22nd Avenue) (P-02017) This was the time and place set for the public hearing on the preliminary plat for StoneRidge Planned Unit Development Major Subdivision, Phase 2B, as requested by Morrison-Maierle, Inc., for Cape-France, Inc., under Application No. P-02017, to subdivide 15.20 acres described as the remaining tract created by Minor Subdivision, Phase I of the StoneRidge Subdivision Planned Unit Development into 16 lots. The subject property is located along the west side of North 19th Avenue, north of North 22nd Avenue. Mayor Kirchhoff opened the public hearing. Assistant Planner Kadn Caroline presented the staff report. She stated the subject 15.2-acre parcel, located along the west side of North 19th Avenue between North 22nd Avenue and West Oak Street, is to be divided into 16 lots. The subdivision is to be served by two accesses, one from West Oak Street and StoneRidge Drive and the other from Stevens Street. She stated that the Stevens Street access will be a right in/right out only access, per the Montana Department of Transportation. An interconnectivity between this phase and Phases I and 2A is planned, generally through the parking lots for the office buildings. The Assistant Planner stated that staff has reviewed this application in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. She briefly highlighted those findings and recommendation for approval. She then noted that the City Planning Board considered this application at its meeting on June 11, after which it forwarded its recommendation for approval, with a revision to Condition No. 1 to allow stamped asphalt pedestrian crossings rather than the simulated 06-17-2002 -4- cobblestone crosswalks identified in the StoneRidge Planned Unit Development guidelines. She noted the proposed materials are more durable and provide a safer option, and staff supports that revision. Mr. Matt Ekstrom, Morrison-Maiede, representing the applicant, stated concurrence with the staff report and recommended conditions of approval. No one was present to speak in opposition to the preliminary plat. Responding to concems voiced by Commissioner Brown regarding the street names, Assistant Planner Caroline stated these are simply extensions of existing streets in the BrentwoOd Subdivision. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the preliminary plat for StoneRidge Planned Unit Development Major Subdivision, Phase 2B, as requested by Morrison-Maierle, Inc., for Cape-France, Inc., under Application No. P-02017, to subdivide 15.20 acres described as the remaining tract created by Minor Subdivision, Phase I of the StoneRidge Subdivision Planned Unit Development into 16 lots, be approved subject to the following conditions: Per the StoneRidge PUD development guidelines, all significant intersections between pedestrian traffic and vehicular trafficwithin the subdivision will be provided with stamped asphalt pedestrian crossings. These crossings shall be of a different color and texture than that of the rest of the parking area similar in style as to those previously installed within Phase 2A of the StoneRidge PUD. Specifically, pedestrian crossings will be located at the intersections: 1) Stevens Street and North 19th Avenue; 2) Stevens Street and StoneRidge Drive; 3) StoneRidge Drive and Maplewood Street; and 4) StoneRidge Drive and Oak Street. The physical location of Catron Creek shall be delineated on the final plat and a 35- foot stream setback from the high water mark noted accordingly on the plat. Applicant should be aware that any future site plan review may be required to follow the new watercourse setback requirements (50 foot corridor) unless the City Commission grants this variance under proposed PUD amendments. Similar to StoneRidge PUD Minor Subdivision, Phase 1, the Catron Creek corridor landscape improvements and public trail system shall be installed by the developer within one (1) year of the final plat being filed. Street lighting is currently being required with residential subdivisions to ensure adequate street lighting throughout subdivisions. Lighting will be required of this subdivision as well and will be required to be installed during any future site plan reviews in the same manner and fashion as previously installed within Phase 2A. Water rights, or cash-in-lieu thereof, shall be provided and paid for prior to filing the final plat. The amount of water rights required will be determined by the Director of Public Service based on the proposed final plat. Applicant must complete any outstanding improvements required with previous Major Subdivision, Phase 2A, development prior to filing the final plat for Phase 2B. The plat shall show a "no access" note prohibiting access from lots to North 19th Avenue. Applicant should be made aware that future subdivision regulations shall require a minimum distance of 315 feet between the intersection of StoneRidge Drive/Oak Street and Oak Street/North 19th Avenue. Should Phase 2B of the StoneRidge PUD be further divided into phases, future phases may involve requirements under new subdivision regulations. 06-17-2002 -5- o 10. 11. 12. 13. 14. 15. 16. Applicant should be made aware that access onto StoneRidge Drive from Lots 22 and 23 may be restricted based on allowable distances for driveways in relationship to nearest intersecting street. A variance from the street cut moratorium provision in the code will have to be requested and granted for the installation of the Oak Street culvert. Easements shall be provided for the proposed storm drainage ponds. The final plat shall conform to all requirements of the Bozeman Area Subdivision Regulations and the Uniform Standards for Final Subdivision Plats and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application shall include two (2) signed clothback (or equivalent) copies; two (2) signed reproducible copies on a stable base polyester film (or equivalent); two (2) digital copies on a double-sided, high density 3~-inch floppy disk; and five (5) paper prints. Conditional approval of the preliminary plat shall be in force for not more than three calendar years, as provided by State statute. Prior to that expiration date, the developer may submit a letter of request for the extension of the period to the Planning Director for the City Commission's consideration. If it is the developer's intent to file the plat prior to the completion of all required improvements, an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150 percent of the cost of the remaining improvements. A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer. The master plan must depict the maximum sized retention basin location and show location of and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin site, drainage ways and finished lot grades), typical stormwater detention/retention basin and discharge structure details, basin sizing calculations and a stormwater maintenance plan. Any stormwater ponds located within a park or open space shall be designed and constructed to be conducive to the normal use and maintenance of the open space. Easements must be provided for the stormwater ponds for runoff generated by the subdivision (e.g., general lot runoff, public or private streets, common open space, parks, etc.). While the runoff from the individual lots will be dependent on the intensity of use on each lot, the maximum sizing of the storm retention facilities for each lot will be established based on maximum site development. Final facility sizing may be reviewed and reduced during design review of the final site plan for each lot. Plans and specifications and a detailed design report for water and sewer main extensions, storm sewer and the public street, prepared by a Professional Engineer, shall be provided to and approved by the City Engineer and the Montana Department of Environmental Quality. The Applicant shall also provide professional engineering services for construction inspection, post-construction certification, and 06-17-2002 -6- 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. 17. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements. All infrastructure improvements including 1) water and sewer main extensions, and 2) public streets, curb/gutter, sidewalks, and related storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to final plat approval. 18. The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted as proposed. 19. 20. 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. The water main in Windsor has been extended and tied into the water main in StoneRidge. To connect to this main will require a hot tap on the newly installed 8- inch main. 21. The preliminary plat depicting water main extension will require some modification, i.e. alignment and valve placement. 22. The existing sanitary sewer main available to serve those lots will be televised by this department prior to and following installation of all proposed service connections. 23. 24. The Water/Sewer Department will review infrastructure improvements to service to this phase designed by a professional engineer when they are provided. The Montana Department of Transportation (MDT) will only permit right ingress/egress movements at West Stevens Street. The approach shall be designed to prohibit left turn ingress/egress. The design may be modeled after other right turn only approaches only North 19th Avenue and must be submitted, along with any proposed modifications to the pavement markings, to MDT for review and approval. Once approved, the applicant must submit a traffic control plan to the MDT's Bozeman District Office prior to taking any action with MDT right-of-way. 25. Applicant shall install two (2) signs on both the north and south sides of StoneRidge Drive where the pedestrian path intersects the street at both locations. The sign shall note "Pedestrian/Trail Crossing" or approved equal. The applicant shall contact the City's Sign Department to determine type and placement of said signs. 26. Applicant shall install a stamped asphalt pedestrian crossing, with further development, across StoneRidge Drive in the vicinity of proposed Lots 26 and 27 and Lots 18 and 19 to provide safer pedestrian movement across the straight section of StoneRidge Drive. 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. 06-17-2002 -7- Public hearing - Preliminary plat for Diamond Estates Subdivision No. 2, Phase I - Gaston Enqineerinq for Dou,qlas L. Smith - subdivide 20.302 acres described as a portion of the S~/2 of Section 3, T2S, RSE, MPM, into 29 residential lots (north side of Durston Road at Ferquson Avenue extended) (P-02011) This was the time and place set for the public hearing on the preliminary plat for Diamond Estates Subdivision No. 2, Phase I, as requested by Gaston Engineering for Douglas L. Smith underApplication No. P-02011, to subdivide 20.302 acres described as a portion of the South one-half of Section 3, Township 2 South, Range 5 East, Montana Principal Meridian, into 29 residential lots. The subject property lies along the north side of Durston Road at Ferguson Avenue extended. Mayor Kirchhoff opened the public hearing. Senior Planner Dave Skelton presented the staff report. He stated this is the first phase of a mixed use subdivision and includes duplex lots plus a large parcel for a church on the western edge. He noted the applicant has received preliminary approval for annexation of the subject parcel and establishing a zoning designation of "R-3A", and those processes must be completed prior to final plat approval. The Senior Planner posted a very conceptual master plan for the entire 120-acre parcel which lies between Durston Road and West Oak Street, noting the applicant anticipates an informal review of this plan in the near future to determine if his proposed node of limited commercial development will be well received by the Commission. Senior Planner Skelton stated that staff has reviewed this application in light of the applicable criteria, and staffs comprehensive findings are contained in the written staff report. He noted that staff has identified a need for substantial parkland in this area, and that parkland is to be dedicated with a future phase so that it is located in the core of the subdivision. The Senior Planner concluded his report by highlighting some of the recommended conditions of approval as forwarded by the City Planning Board. Mr. Dennis Foreman, Gaston Engineering, representing the applicant, voiced concern about Condition No. 20 as written, suggesting that the word "future" was inadvertently omitted from the Planning Board's resolution. He indicated that with the addition of that word, the applicant agrees with the recommended conditions. Responding to Commissioner Brown, Mr. Foreman stated the applicant would be willing to consider wells for irrigation, to reduce demand on the City's water supply during the summer. Responding to Mayor Kirchhoff, Mr. Foreman stated they have not yet decided in which phase to propose a limited commercial node, but are open to discussion with the Commission. No one was present to speak in opposition to the proposed preliminary plat. Mayor Kirchhoff encouraged the applicant to strive for variety in the development of the lots, providing a character and uniqueness within the subdivision. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Cetraro, seconded by Commissioner Hietala, that the preliminary plat for Diamond Estates Subdivision No. 2, Phase I, as requested by Gaston Engineering for Douglas L. Smith under Application No. P-02011, to subdivide 20.302 acres described as a portion of the South one- half of Section 3, Township 2 South, Range 5 East, Montana Principal Meridian, into 29 residential lots be approved subject to the following conditions: The applicant is advised that the subject property is located within the Valley West Sewer, Water, and Street payback boundaries. The complete payback for each phase will be required prior to issuance of building permits. The established payback rates are as follows: 06-17-2002 -8- Sewer: $1,482.47/gross acre Water: $1,278.29/gross acre Street: $2,900.04/gross acre 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: Street improvements to Durston Road and Oak Street, including paving, curb and gutter, sidewalk, and storm drainage facilities. 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. Prior to submittal of plans and specifications for any proposed phase of this development, an infrastructure phasing schedule for the subdivision shall be submitted to and approved by the City Engineer's Office. All infrastructure improvements required for each phase of the development including water and sewer main extensions, public street, curb and gutter, sidewalks, and related storm drainage infrastructure improvements as identified in the schedule shall be constructed or financially guaranteed prior to Final Plat approval for each phase. No building permits for any phase of the development will be issued prior to completion and City of Bozeman acceptance of said infrastructure improvements for that phase. Should the actual phasing of the subdivision occur in a sequence different from that indicated in the approved schedule, the infrastructure improvements required to be in place prior to filing of the Final Plat for the new phases shall be reviewed and approved by the City Engineer's Office prior to construction. A Stormwater Master Plan for the subdivision for a system designedto remove solids, silt, oils, grease and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer. The master plan must depict the maximum sized stormwater basin location(s), illustrate location(s) of and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel(s). The plan shall include sufficient site grading and elevation information (particularly for the basin site(s), drainage ways, and finished lot grades), typical stormwater basin and discharge structure details, basin sizing calculations, and a stormwater maintenance plan. Any stormwater basins located within a park or open space shall be designed and constructed to be conducive to the normal use and maintenance of the open space. Stormwater basins shall not be located on easements within privately owned lots. No open channel flow in drainage easements across private property will be permitted. The use of large retention basins will be strongly discouraged. The point of discharge and ultimate destination from any proposed stormwater detention basin(s), as well as the point of overflow and ultimate destination from any proposed stormwater retention basin(s) must be clearly depicted on the plan. In the event that storm sewer mains and manholes are located outside of public street right-of-ways, a twelve (12) foot wide all-weather access shall be constructed above the utility to provide necessary access. 06-17-2002 -9- 10. 11. 12. 13. 14. All stormwater improvements required for each phase must be constructed or financially guaranteed prior to filing the final plat for that phase. No building permits in a given phase will be issued until the stormwater improvements required for that phase (as detailed in the approved infrastructure phasing plan) are constructed and approved. Detailed review of the final grading and drainage plan and approval by the City Eng. ineer's Office will be required as part of the infrastructure plan and specification rewew process. 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. 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. All proposed water and sewer mains shall be extended to the subdivision property boundaries to adequately accommodate future extensions and/or looping. All water main extensions in excess of 500 feet required for this development shall be fully looped. Plans and specifications for water and sewer main extensions, prepared by a Professional Engineer (PE) registered in the State of Montana, shall be provided to and approved by the City Engineer's Office for each phase of development. 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 for any phase until the plans and specifications for that phase have been approved and a pre-construction conference has been conducted. No building permits for any phase shall be issued prior to substantial completion and City of Bozeman acceptance of the water, and sewer infrastructure improvements required for that phase. The correct location of and proper distinction between existing and proposed sewer and water mains, fire hydrants, and all easements shall be clearly and accurately depicted on the infrastructure plans. Any easements required for water and sewer main extensions shall be a minimum of thirty (30) feet in width. At no time will the utility line in question be less than nine (9) feet from the edge of the easement or less than ten (10) feet from a parallel utility line. Utility easements will also be required for all meter pits and fire hydrants maintained by the City of Bozeman. All required easements shall be provided prior to final plat approval and included on the Plat. Easements for off-site improvements shall be provided to the City Engineer's Office prior to plans and specification approval. In the event that water mains and/or sanitary sewer mains and manholes are located outside of public street right-of-ways, a twelve (12) foot wide all-weather access shall be constructed above the utilities to provide necessary access. 06-17-2002 -10- 15. 16. 17. 18. 19. 20. 21. 22. Plans and specifications for the public street improvements, including curb and gutter, sidewalk, and related storm drainage infrastructure improvements, prepared by a PE registered in the State of Montana shall be provided to and approved by the City Engineer's Office for each phase of development. 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 for any phase until the plans and specifications for that phase have been approved and a pre- construction conference has been conducted. No building permits for any phase shall be issued prior to substantial completion and City of Bozeman acceptance of the street infrastructure improvements required for that phase. All public streets located within the subdivision shall be designed and constructed in accordance with City of Bozeman standards, including curb/gutter and sidewalk. Sidewalk shall be installed in conjunction with street construction unless otherwise approved by City Commission. If an alternate street width is proposed, it must be demonstrated that the design will accommodate two-way traffic, emergency vehicle access, and parking requirements for the subdivision. Ferguson Avenue shall be designed and constructed as a City of Bozeman standard two-lane collector with bike lanes on either side. Appropriate bike lane striping, symbols, and signage, as recommended by the Bozeman Area Bicycle Advisory Board, shall be reviewed and approved by the City Engineer's Office. Ferguson Road must be renamed "Ferguson Avenue." All street names in each phase must be reviewed and approved by the City Engineer's Office prior to filing the final plat. No direct access will be approved from individual lots located in Block 4 onto Durston Road. Direct access onto Durston Road from Block 1 will be permitted at a location no less than 150 feet west of Ferguson Avenue. In accordance with the Greater Bozeman Area Transportation Master Plan, 2001 Update, local streets require a 60-foot wide right-of-way. Durston Road, from North 19th Avenue west to approximately Fowler Avenue (extended) shall be improved to a minor arterial standard or financially guaranteed prior to filing the final plat for any future phase of this subdivision. If a special improvements district (SID) is the method used forfinancial guarantee, the SID must be approved by the City Commission and be ready for bond bid, per the Director of Finance, prior to building permits being issued. The need for improvements to Durston Road, from Fowler Avenue (extended) to the west boundary of the Diamond Estates Subdivision, will be reviewed through traffic studies of future phases of Diamond Estates Subdivision, and/or as other developments occur west of Fowler Avenue. Since 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. The Montana Department of Fish, Wildlife, and Parks, Soil Conservation Service, 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 06-17-2002 -11 - 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. to approval of the related plans and specifications and/or construction of the intended work. That prior to submitting for final plat review and approval for said phase(s) of the major subdivision the applicant will have formally executed the Annexation Agreement and annexed said lands to the corporate limits of the City of Bozeman. That the applicant completes the contingencies and terms of approval for the zone map amendment to establish municipal zoning designations on said property and that the Zoning Ordinance be formally adopted by the City Commission, prior to submitting for final plat review and approval of any phase(s) of said major subdivision. That water dghts, or cash in-lieu thereof, shall be provided and paid for prior to final plat review and approval. If the final plat of the subdivision is filed in phases, water rights, or cash in-lieu thereof will only be required for each phase of the subdivision that is being filed. The applicant shall provide payment of the calculated cash-in-lieu of water rights based on an amount determined by the Director of Public Service. Pedestrian crosswalk pavement markings and signs shall be installed on Durston Road at the intersection with Ferguson Avenue and Sanders Avenue. That a one (1) foot wide "No Access" strip be delineated and noted accordingly on the final plat for all lots fronting or backing onto Durston Road prior to obtaining final plat approval. That the developer submits a formal development plan signed by a certified landscape architect for the design of all dedicated parklands within said subdivision for review and approval by the Superintendent of Facilities and Lands and Bozeman Recreation and Parks Advisory Board. Details of plantings, species, topography, irrigation system, and any permanent park features shall be shown and discussed with the plan. Construction of the parkland improvements will be to City standards and must be completed with City oversight. A public parkland easement for the public park in future phases shall be executed with the first phase of the subdivision to be filed. Subsequent parkland dedications to the general public will be filed with each applicable phase of the subdivision that includes any or all of the dedicated parkland(s). Improvements shall be installed within all dedicated parklands according to the implementation plan and schedule approved by the Superintendent of Facilities and Lands, and the Recreation and Parks Advisory Board. That prior to submitting for final plat review and approval, the applicant shall submit a master plan for development of the entire property depicting land use types, streets, dedicated parkland, stream corridors, and trail systems. That the final plat contain a notation stating that all downstream water user facilities will not be impacted by this subdivision and that it also be noted accordingly in the by-laws and protective covenants for the homeowners' association. That the by-laws and protective covenants of the homeowners' association include language that defines the front and rear yards of each individual corner subdivision lot as those yards that coincide with the orientation of all yards established by the interior subdivision lots of each block, and that the determination of all required yards shall be further reviewed and approved by the Planning Office during the processing of applications for building permits for each individual residential dwelling. That all areas for the collection of stormwater runoff shall be described as "Common Open Space" owned and maintained by the homeowners' association, and noted 06-17-2002 -12- 33. 34. 35. 36. 37. 38. 39. 40. accordingly in the by-laws and protective covenants, for review and approval by the Planning Office prior to final plat approval. That the declaration of protective covenants and restrictions note a twenty-five (25) foot yard setback is required for all lots adjoining the arterial street Durston Road and that no accessory structures are permitted in said yard setback. Per Section 16.14.130 "Watercourse Setbacks" of the City of Bozeman Interim Subdivision Regulations, the final plat shall establish minimum thirty-five (35) foot stream setbacks, or larger from all water,Nays existing within said subdivision, and that it be noted accordingly on the final plat and within the declaration of protective covenants and restrictions prior to final plat approval. That the final plat shall comply with Section 16.08.050 "Final Plat" and Chapter 16.32 "Certificates" of the City of Bozeman Interim Subdivision Regulations, and shall conform to all requirements of the Uniform Standards for Final Subdivision Plats and including provisions for all appropriate certificates and language, certification from the City Engineer that as-built drawings for public improvements were received,, and accompanied by all appropriate documents, including a Platting Certificate. Four mylar copies of the final plat must be submitted for final plat approval, along with two (2) digital copies of the final plat, on a double sided, high density 3~-inch floppy disk; and five (5) paper prints. That the applicant obtain Montana Department of Environmental Quality approval of the subdivision prior to final plat approval pursuant to Sections 16.16.101 through 16.16.805 A.R.M. That applicant submit with the final plat application, for review and approval by the Planning Office, protective covenants, restrictions and articles of incorporation for each phase of the preliminary plat as being party to the homeowners" association of Diamond Estates Subdivision, which shall be recorded and filed at the Gallatin County Clerk and Recorder's Office with the final plat for each phase. That prior to proceeding with any significant ground disturbance or installation of municipal infrastructure and/or streets, the applicant shall provide the Planning Office with a Cultural Resource Inventory determining if any unknown or unrecorded cultural resources exist on the site in question and if such sites do exist, whether or not they will impacted by the development of said lands. That the final plat contains the minimum twenty (20) foot wide utility easements on all side and rear property lines as required by the Subdivision Regulations. The requirement of utility easements in the side property lines may be waived when all local utility agencies and the Director of Public Service agree in writing that utilities can be installed in the twelve (12) foot wide and ten (10) foot wide utility easements along the front and rear of the residential lots or other proposed easements and that utility easements along the side property lines are not necessary. That the final plat contain the following language that is readily visible with bold lettering, at a minimum width of 1/4-inch, placing future landowners of individual lots on notice of the presence of high groundwater in the area of the subdivision for review and approval by the Planning Office: "Due to relatively high groundwater table within the areas of the subdivision, it is not recommended that residential dwellings or commercial structures with full or partial basements be constructed without first consulting a professional engineer licensed in the State of Montana and qualified in the certification of residential and commercial construction." 06-17-2002 -13- 41. 42. 43. 44. 45. 46. Prior to filing the final plat for each phase, the applicant shall verify all street names with the Gallatin County GIS Department, County Road and Bridge Department, and City Engineer's Office, to avoid duplication of street and road names countywide. Prior to filing of the final plat for each phase of the subdivision the applicant must provide written documentation of having entered into a signed Memorandum of Understanding with the County Weed Control Distdct and City of Bozeman Parks Department verifying the implementation of a noxious weed management and revegetation plan and for the erosion control along all waterway channels for two (2) consecutive growing season after implementation of any stream enhancement activity. The applicant shall obtain approval from the City Engineer's Office for the location of all mailboxes within public right-of-way prior to proceeding with installation. No stormwater runoff swales and/or ditches shall be allowed in required yard setbacks unless installed underground in properly designed piping that is reviewed and approved by the City Engineer's Office and Planning Office pdor to final plat approval. Street lighting shall be incorporated into the subdivision by one of the following: a) applicant shall install adequate street lighting throughout the subdivision. Lighting shall be maintained by means of the Homeowners Association through Protective Covenants; or b) applicant shall participate in a Street Lighting District. Street lighting will provide the necessary lighting in accordance with applicable national safety standards consistent with the preservation of dark skies. All subdivision lighting provided shall conform to Section 18.50.035 of the Bozeman Zoning Ordinance. Details and specifications (cut sheets), including bulb type and size, and locations shall be provided with the final plat and subject to review and approval by the Planning and Engineering Departments. In addition to current city standards, all outdoor lighting, residential, commercial or otherwise, shall be free of glare, and shall be fully shielded or shall be indirect lighting. No direct lighting shall be emitted beyond a property's lot line. No ranch lights or unshielded lights shall be permitted. No mercury vapor lights shall be permitted. Alley lights shall be fully shielded lights and controlled by motion detectors. Covenants of the development shall reflect these restrictions. For purposes of this paragraph, the following definitions shall apply: a) Fully shielded lights: Outdoor light fixtures shielded or constructed so that no light rays are emitted by the installed fixture at angles above the horizontal plane as certified by a photometric test expert; b) Indirect light: Direct light that has been reflected or has scattered off of other surfaces; c) Glare: Light emitting from a luminaire with an intensity great enough to reduce a viewer's ability to see, and in extreme cases, causing momentary blindness; and d) Outdoor lighting: The nighttime illumination of an outside area or object by any man-made device located outdoors that produces light by any means." The subdivider shall ensure that all construction material and other debris is removed from the subdivision prior to final plat approval, or prior to release of said financial guarantee, if an Improvements Agreement is necessary with the final plat. 06-17-2002 -14- 47. If the final plat for any phase of the subdivision is to be filed prior to installation, certification, and acceptance of all required improvements by the City of Bozeman, the developer shall enter in an Improvements Agreement with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval, and the developer shall supply the City of Bozeman with an acceptable method of secudty equal to one hundred fifty (150) percent of the estimated cost of the remaining improvements.. 48. That the developer shall have three (3) years from the date of preliminary plat approval to complete the conditions of preliminary plat approval and apply for final plat approval for Phase 1. 49. That the applicant submits with the application for final plat review and approval of Diamond Estates Subdivision No. 2, Phase I, a written narrative stating how each of the conditions of preliminary plat approval have been satisfactorily addressed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro, Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No, none. Appointment of transit task force Included in the Commissioners' packets was a memo from Clerk of the Commission Sullivan, dated June 13, 2002, forwarding the list of applicants for this task force. Mayor Kirchhoff noted that, with the August 22 deadline for placing items on the ballot and the deadline for seeking funding from the state for a transit program, it is important to appoint the transit task force. He recognized that the Commission has not received applications for each of the categories previously identified, and the appointment of all applicants could result in over-representing of one category. He suggested that the Commission appoint as many members as possible at this time, with representatives of the other categories being added whenever possible. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the following positions be identified and appointments be made to the transit task force: City Commission Jarvis Brown County Commission ASMSU MSU Cecilia Vaniman Transportation providers for the disabled Elizabeth (Lisa) Ballard Brian Close Steven J. Potuzak Jeff Rupp General transportation providers Jerry Perkins Members from the medical sector Members from the business sector Cynthia Andrus Adam Goldsmith Madlyn Tracz Interested citizens Joe N. Frost David W. Kack 06-17-2002 -15- The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No being Commissioner Cetraro. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that Brian Close be appointed to serve as chair of the transit task force. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Brown and Mayor Kirchhoff; those voting No being Commissioner Cetraro and Commissioner Hietala. Break - 7:57 to 8:03 p.m. Mayor Kirchhoff declared a break from 7:57 p.m. to 8:03 p.m., in accordance with. Commission policy Recommendation to County Commission for appointment of members to advisory committee for the formation of the Gallatin County Solid Waste Manaqement District Included in the Commissioners' packets was a memo from Clerk of the Commission Sullivan, dated June 13, 2002, indicating that no citizens have applied to serve on this advisory committee. Clerk of the Commission Sullivan indicated that she had just received an application from Rodger Clingman and distributed copies of that application to the Commission. City Manager Johnson suggested that Project Engineer Karen Finke be considered as a possible member of this advisory committee, noting that she could also serve as a staff member providing support for the committee. He also proposed that a City Commissioner be considered for serving on this committee, particularly in light of the types of documents that are to be developed. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that Rodger Clingman and Commissioner Lee Hietala be recommended for appointment to the advisory committee for the formation of the Gallatin County Solid Waste Management District and that Project Engineer Karen Finke be selected to serve as a staff member to the committee. The motion carried by the following Aye and No vote: those voting aye being Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Commissioner Hietala abstained. Review of staff report re transfer station sitinq process Included in the Commissioners' packets was a memo from Project Engineer Karen Finke, dated June 5, forwarding additional information on the transfer station siting process. Project Engineer Finke briefly reminded the Commission that at the April 29 meeting, Director of Public Service Debbie Arkell presented the top three sites identified by the task force, which included the North 19th Avenue site, the State property on Frontage Road and the site at the corner of Griffin Ddve and Manley Road. Following that presentation, the Commission eliminated the North 19th Avenue site and added the landfill site on Story Mill Road. In addition, the Commission directed staff to investigate the old landfill site on North Rouse Avenue and the Ogle property immediately across L Street from the Idaho Pole site. Project Engineer Finke updated the Commission on the status of each of those sites, as follows. Frontage Road site - A conversation with Doug Moeller, Montana Department of Transportation, indicated that they may be willing to share the 10.23-acre parcel with the City using less than half of the site. Since a 7-acre minimum had been established, staff recommends this site be eliminated because of its size. Old landfill site - This parcel contains 55 acres, 8 acres of which are leased to the Humane Society or used as a City storage yard and 47 of which are part of the East Gallatin Recreation Area. This area has been seeded to native grasses and wildflowers and contains well established trails, and it serves as one of the few natural parks in the city. Also, eight recent test pits dug near the Humane Society revealed that garbage is very close to the surface, which would make construction on the site difficult. Access to this site 06-17-2002 16- is via a substandard road immediately adjacent to a mobile home park. In light of the above issues, staff recommends this site be eliminated. Ogle site - This parcel contains 6.83 acres, and current accesses are via North Rouse,~,venue/East Tamarack Street/North Wallace Avenue or Bridger Drive/Story Mill Road/L Street. Both of these routes have deficiencies, but an alternative of extending either Cedar Street or Oak Street east from North Rouse Avenue may be considered. She noted that this new route, which is identified in' the transportation plan update, would improve access to the northeast area and alleviate some of the current traffic problems. She noted that staff recommends this site remain in the process. The Project Engineer concluded her presentation by forwarding staff's recommendation that the Ogle site, the Griffin Drive site, and the landfill site on Story Mill Road proceed to the next step. That step will include determining the base price for the transfer station, land acquisition costs, site preparation, access issues, utilities and transportation costs; and she projected that work would be done by July 15. Responding to Commissioner Brown, Project Engineer Finke stated she is unsure whether recycling options will be included at the transfer station, although she noted the existing recycling options would remain in place, with the possible addition of binnies near the transfer station. Mr. Jon Gerster, 719 North Wallace Avenue, spoke on behalf of the InterNeighborhood Council as well as the Northeast Neighborhood Association. He stated that two of the three sites would directly affect neighborhoods, particularly the Bridger Creek Subdivision and the Northeast neighborhood. As a result, he implored the Commission to not consider the Ogle site or the existing landfill any further. He encouraged the Commission, rather, to site the transfer station appropriately for the indefinite future. As a member of the task force, Mr. Gerster highlighted some of their findings of various sites and voiced concern that sites have been added to and deleted from their recommendations. He stressed the importance of ensuring that the site selected is not too small, but that it allows for expansion as needed. Mr. Kevin Repasky, 512 North Wallace Avenue, stated he moved to this area for many reasons, including the vibrant neighborhood. He indicated that having a waste transfer station in this area is not right and will result in trucks on the street, creating a hazardous situation for the children playing in the street. He noted that a transfer station is heavy industry with a lot of noise and traffic, and the northeast area is generally light industrial and residential. He stated it is wrong to negatively impact the values of the homes in that area by allowing a transfer station in the area, particularly when many people have made significant investments in purchasing and improving their homes. Mr. Dan Kaveney, 630 East Davis Street, spoke as a member of the task force, noting the Commission has elected not to accept many of their recommendations and to add two of the sites specifically rejected by the task force. He stressed the importance of siting the transfer station away from residential neighborhoods and in a location that does not result in traffic moving through neighborhoods. He noted that the task force was asked to consider, and rejected, the Ogle site because it is too close to residential development and would increase traffic problems. He concluded by encouraging the Commission to reject the Story Mill site and the Ogle site and to open the process up to considering other sites. Mrs. Claudia Foster, 626 Old Farm Road, spoke in opposition to the East Griffin Drive/Manley Road site, particularly since it is immediately across the road from the East Gallatin Recreation Area. She noted that she is trying to get a permit to build a garage on her property, and she anticipates that a transfer station would encounter even more problems in obtaining permits to build in this general area. She suggested that sites other than those in, or close to, the city should be considered for a transfer station. Mr. Dan Figgins, 716 East Oak Street, suggested that the City and the County get together and resolve the landfill and recycling issues. He urged the Commission to consider a site outside the city, rather than a site that results in heavy traffic through a residential area. He noted that the residential development around the current landfill has occurred with that landfill in operation. He concluded by cautioning that there will be garbage blowing around, wherever the transfer station is located. Mrs. Lynn Rugheimer, 1404 Story Mill Road, noted that approximately 2~ years ago, a petition opposing the Story Mill site for a transfer station, containing over 300 signatures, was submitted to the City. 06-17-2002 17- She then noted that other sites have been eliminated because they were located in residential areas, and the Story Mill site has the largest number of residents closest to it. Mr. Michael Dean, 908 South Tracy Avenue, stated he has been active in a number of civic issues in the past three years, including historic preservation issues and public input on the Bozeman 2020 Community Plan. He characterized the Commission's failure to accept the recommendations of an appointed task force as a subversion of citizen participation in community issues and urged the Commissioners to accept with dignity and grace the recommendations brought forward rather than adding to and deleting from the final report. Mr. Jim Vernon, 712 East Peach Street, stated that, benefits and burdens come with growth; and the northeast side has been asked to shoulder more burden than other segments of the community. He noted that reasons to live in this area include the fact that housing is relatively cheap, the area is friendly, and the residential area is well maintained and vibrant. He stated that these attributes should be protected rather than adding more burdens. Mr. Kelly Wiseman, 402 North Church Avenue, noted that a truck bypass around the northeast side of town was included in the 1990 transportation plan but never developed; and the result has been increased truck traffic. He voiced support for Mr. Figgins' suggestion that a site outside the city be found, characterizing this as a public safety issue, not a "NIMBY" (not in my back yard) issue. Ms. Chandler Dayton, 716 East Peach Street, questioned why the Commission put the Ogle site back on the short list when it had been rejected by the task force and asked for an analysis of the economic issues for each of the sites. She also suggested that the Commission consider the Pea Cannery site, noting it may be a more appropriate location. Mr. Lowell Springer, 117 Hoffman, noted that the city is essentially growing to the west and suggested that a site on the east side of Bozeman results in wasted time and energy when it looks like Logan is the "appropriate final resting place for garbage" for quite some time. He suggested that with good planning and evaluation, he feels it would be possible to find a location large enough to allow adequate landscaping to buffer the operation and also allow room for expansion. Ms. Bear McKay, 222 North Wallace Avenue, stated that she has been to transfer stations in other areas, and they are typically "in the middle of nowhere." She then indicated thero is already enough truck traffic in their neighborhood. Mr. Sidney "Hup" Davis, 701 East Oak Street, stated he has lived at this location for the past 56 years. He noted that he attended all of the task force meetings, and identified four issues not dealt with so far at this meeting. He noted there is a fine line between the Idaho Pole Superfund site and the Ogle property, the water table on that site is six feet, the site previously housed a sawmill with an unlined pond, and the transfer station will be 54 to 60 feet tall when completed. He also noted that two gas lines cross L Street and there are springs under the road. As a result, he cautioned the Ogle site could be a very expensive option. Mr. Don Jackson, 1280 Story Mill Road, stated he also owns property at 631 East Davis Street. He encouraged the Commissioners to slow down and understand the process that had been previously defined. He noted that two weeks were allowed for soliciting candidate sites, and then the task force was given a short time to evaluate those sites and forward a recommendation. He voiced concern that since the March 28 meeting, the public neighborhood workshops have not been held and the process is bogged down with City staff. He stressed that the result is to subvert public participation. Mr. Peter Mommsen, 517 North Church Avenue, stated that when he was working as acarpenter in Minneapolis last year, he took many loads to the Hennepin County transfer station. He characterized it as an impressive indoor facility with slots for all types of materials. He voiced his disappointment that recycling containers are not available at the landfill and encouraged more recycling opportunities. Ms. Trisha Wookey, 626 East Peach Street, suggested that Logan is close enough that a transfer station is not necessary, or it could be used as a transfer station if another landfill further away is used. She then suggested that more opportunities be provided for recycling, citing Eugene, Oregon, as a good 06-17-2002 18- example. She also voiced concem about the smell that is emitted from a transfer station, stating she does not feel it would be appropriate to locate one so close to this residential area. Mr. Steve Hardy, 302 North Wallace Avenue, stated his opposition to a transfer station on the northeast side, noting it would be a big step backward for the entire community. Mrs. Jeanne Wesley-Wiese, 707 North Wallace Avenue, stated her concurrence with most of the points made by previous speakers. She encouraged the City staff to review the floodplain maps, noting that her property has been in and out of the floodplain over the past 25 years; and the FEMA maps are inaccurate. Mrs. Kathy Emmelkamp, 1280 Story Mill Road, stated that as a health care provider, she is concerned about the truck traffic that will be generated, noting the transfer trucks are 76 feet long and 18 feet high. She cautioned that having such large trucks travel down any city street would be very dangerous, particularly for children. She also voiced concern that the recommendations from the task force, which included people with huge amounts of expertise, are not being seriously considered and that citizen input has been invalidated. Mr. Art Nielsen, 315 North Church Avenue, noted he was a member of the task force. He stated the Griffin Drive location was the committee's first choice because the streets are paved, it has easy in and out access, and it is close to major roadways. He indicated they were not informed of the Ogle property and suggested the task force be called back together to consider it and forward a recommendation. Mr. Paul Wiese, 707 North Wallace Avenue, suggested that the bad ideas for a transfer station are arising from agendas that the public does not know, and he is concerned that neighbors trying to participate in the process are being made subordinate to private interests. He suggested that this has become a political decision being driven without concern for public welfare and asked the City to be honest in this process. Mr. Christopher Nixon, 719 North Wallace Avenue, noted that he, too, was a member of the task force and gave a lot of' hours to the process. He noted the first flaw was the ten-day.nomination process and suggested that a longer pedod would have given the task force more properties to consider. 'He stated the task force originally identified the need for a 10-acre site to accommodate future expansions. He then indicated his preference was the State land on Frontage Road, which is a ten-acre site located between Bozeman and Belgrade, near the airport and the anticipated location of the next interchange. He concluded by encouraging the Commission to select a site that is not in anyone's neighborhood. Mr. lan Giles, 211 North Wallace Avenue, stated he came from a bad area of Philadelphia and is amazed at the countless renovations and new construction occurring within three blocks of his home. He recognized how fragile this neighborhood is and cautioned that a transfer station would be disruptive and could destroy the area. Mr. Matt Stash, 516 North Wallace Avenue, stated he is opposed to a transfer station inside city limits. Mr. Chip Bowen, 3070 Mcllhattan Road, urged the Commissioners to think in the long-term as they decide where to site the transfer station. He stated the existing landfill site is a poor choice for a number of reasons and encouraged the Commission to look at the task force's evaluation of it. He noted that it would not be in consideration if the City didn't already own the property, and encouraged the Commission to not continue a mistake that was made nearly forty years ago. Mrs. J.P. Pomnichowski, 222 Westridge Drive, stated she is President of the SouthEast Neighborhood Association. She noted that siting a transfer station adjacent to a neighborhood is inappropriate and encouraged the Commission to disqualify those sites near residential areas. She concluded by stating the facility will serve the community well if it is placed well. Project Engineer Karen Finke stated the break even point for a transfer station site is ten to twelve miles from the centroid of the city, which is located at Montana State University. 06-17-2002 -19- Responding to Mayor Kirchhoff, Director of Public Service Debbie Arkell acknowledged it would cost more to go to a site on the east side of the community if the landfill site is located west of the city. She noted that the Logan landfill is one possible site; however, other possible destinations must also be considered so proximity to 1-90 is an important factor. Mayor Kirchhoff noted he was offended by some of the public's comments and insinuations, although he recognizes some of the underlying concerns. Responding to questions from the Mayor, City Manager Johnson stated that identifying the costs associated with each site is the next step in the process. He then indicated that the Ogle site is being considered because the City approached them. Further responding to the Mayor, Project Engineer Finke stated the process initially identified is still being followed; the timing has become extended. She noted that the top three sites recommended by the task force were submitted to the Commission; and after receiving that recommendation, the Commission eliminated the North 19th Avenue site and added the landfill site, then directed staff to evaluate other possible sites and bdng back their initial review. She stressed that once the Commission has identified the top three sites, the neighborhood meetings will be held. Mayor Kirchhoff noted the City has been working on issues revolving around disposal of solid waste for several years, and the Commission's task is to respect neighborhoods as well as meet the needs of the community. He stated that the sites identified will be subject to rigorous scrutiny, and he will vote for the one he feels is best. He then indicated his interest in moving forward to the next step in the process. Commissioner Brown stated it is important to proceed to the next step, which includes economic analysis of each site. Commissioner Hietala stated he feels each site selected has a basic flaw. He then noted that the transfer station in Helena is sited close to the Carroll College campus and across the street from the Bill Roberts golf course; and a fairly upscale neighborhood is located across the street. He stated this facility does not seem to cause negative impacts to the area, including decreased property values. He then noted that, while the Commission has heard arguments about why two of the sites should not be considered any further, no alternative sites have been identified. He concluded by indicating he does not support the Frontage Road site because of safety issues. Break - 9:50 to 9:55 p.m. In light of continued disruptions from the audience, Mayor Kirchhoff declared a break from 9:50 p.m. to 9:55 p.m., indicating the meeting would not resume until the room was cleared. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1) Letter from the Gallatin Development Corporation thanking the City for its support of economic development in the Bozeman area. (2) Letter from Todief Aasheim, "M" Restoration Project, dated June 10, providing an update on the project. (3) Letter from David Crawford, Thomas, Dean and Hoskins, dated June 10, stating they do not believe that Section 16.14.050.C., Bozeman Municipal Code, applies to Cattail Creek Subdivision because the old irrigation ditch has had no water entering or exiting the property since April 15, 1998. (4) Listing of planning projects to be considered at upcoming Commission meetings. 06-17-2002 20 - (5) Flyer from the Park and Gallatin Citizens' Alliance inviting people to attend the headng on the emergency interim zoning scheduled before the County Commission on June 18. (6) Copy of a letter from Karen and Jan Kdeger to the County Commission, dated June 14, encouraging them to approve the emergency interim zoning for coalbed methane drilling in the Bozeman Pass area. (7) E-mail message from Dan Wilson, 2202 Highland Court, expressing concem about the proposed 30,000-square-foot grocery store at the corner of Kagy Boulevard and South Third Avenue. (8) Minutes from the Montana Department of Transportation meeting held on April 11 and the telephone meetings held on May 14 and May 23, 2002. (9) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, June 18, at the Willson School. (10) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, June 18, at the Professional Building. (11) Agendas for the Zoning Commission meeting to be held at 7:00 p.m. and the City Planning Board meeting to be held at 8:00 p.m. on Tuesday, June 18, in the Commission Room. Adjournment - 9:55 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Hietala, seconded by Commissioner Cetraro, that the meeting be adjourned. The motion carded by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Cetraro, Commissioner Brown and Mayor Kirchhoff; those voting No, none. · STEVE~/N R' KIRCH~~F, Mayor ~'~/ ATTEST: ROBIN L. SULLIVAN Clerk of the Commission 06-17-2002