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HomeMy WebLinkAbout2002-06-03 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA June 3, 2002 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, June 3, 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, Planning Director Andy Epple, 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 meeting It was moved by Commissioner Hietala, seconded by Commissioner Brown, that Commissioner Youngman's absence from this meeting be approved. 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. Minutes - January 18, 2000, and May 13, May 20 and May 28, 2002 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. Proclamation - "Bozeman-Montana Ali-American Soap Box Derby Weekend" - June 8-9, 2002 Included in the Commissioners' packets was a copy of the proclamation for"Bozeman-Montana All- American Soap Box Derby Weekend." Thane Richard, soap box derby racer, read the proclamation into the record, after which the Mayor presented a signed proclamation to him. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the Commission concur in the Mayor's proclamation of June 8 through 9, 2002, as "Bozeman-Montana Ali-American Soap Box Derby Weekend." 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. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Acknowledge receipt of staff report - request from DAK, LLC, for annexation of 10.0 acres located in the E%, WV,, SW%, Section 35, TlS, RSE, MPM (north side of Baxter Lane, west of Thomas Drive) (A.02005) Commission Resolution No. 3520 - intent to annex 10.0 acres located in the E%, SW"/,, Section 35, T1 S, RSE, MPM (north side of Baxter Lane, west of Thomas Drive); set public hearing for July 15, 2002 06-03-2002 -2- COMMISSION RESOLUTION NO. 3520 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Approval of final plat for Kamp Minor Subdivision (subdivide 7.0381 acres in the NE%, Section 8, T2S, R6E, MPM, into five lots) (westernmost lot in Burrup Annexation) - Dan Kamp for himself, Harold and Winona Vandermolen, and John and Martha Kamp (P-02015) Approval of request for authorization to write off stale-dated municipal court checks listed in memo dated May 23 and write off NSF checks, stale-dated warrants, and stale-dated checks listed in memo dated May 21 from Accountinq Technician Eik Authorize City Manager to siqn - Contract for Services with Confluence Consultin_~. Inc. - mapping of wetland areas in Rose Park Authorize Director of Public Service Arkell to siqn - Improvements Agreement for Oak Street Place P.U.D.; contingent upon execution by Carl Tanqe, President of Tangle Family, L.L.C. Authorize Mayor to siqn - Findinqs of Fact and Order for Bridqer Peaks Town Center Minor Subdivision (subdivide 2.08 acres described as Lot lA, amended plat of Bridqer Peaks Town Center, into two lots for commercial development (north side of West Oak Street, approximately 800 feet east of its intersection with North 19th Avenue) (P-02014) Acknowledge receipt of City Manager's Budqet Recommendation for Fiscal Year 2002-2003, received at May 20 meeting Cancellation of July I Commission meeting 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. Ordinance No. 1564 - establish initial municipal zonin; designation of "B-2" on 38.67 acres described as Tracts A-1 and A-2, COS No. 1827 (Valley Center Road at North 27th Avenue) Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1564, as approved by the City Attorney, entitled: ORDINANCE NO. 1564 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP AND ESTABLISHING AN INITIAL MUNIClPALZONING DESIGNATION OF "B-2" (COMMUNITY BUSINESS DISTRICT) ON 06-03-2002 -3- 38.67 ACRES LOCATED IN THE E%, SW% OF SECTION 26, TIS, RSE, P.M.M., GALLATIN COUNTY, MONTANA. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that Ordinance No. 1564, establishing an initial municipal zoning designation of"B-2" on 38.67 acres lying along Valley Center Road at North 27th Avenue, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown and Commissioner Cetraro; those voting No being Mayor Kirchhoff. Proposed revisions to master plan for development of Westlake Park, to include Children's Memorial Garden, reconfiguration of BMX track, play structures, restrooms, oarkina, ~icnic facilities, multi-use court and relocation of community gardens Included in the Commissioners' packets was a memo from Superintendent of Facilities and Lands James Goehrung, dated May 1, forwarding the existing master plan and the proposed revisions to the master plan for development of Westlake Park. City Manager Johnson stated that Superintendent Goehrung has requested that this item be removed from the agenda and that he be given additional time to work with the Recreation and Parks Advisory Board and the various user groups. Public hearinq - Major Site Plan - Ellerbe-Becket Construction Services for Bozeman Deaconess Health Services - allow construction of a new 197-stall parking lot on property described as COS M-116 (91 $ Highland Boulevard) (Z-02064) This was the time and place set for the public headng on the major site plan requested by Ellerbe- Becket Construction Services for Bozeman Deaconess Health Services under Application No. Z-02064, to allow the construction of a new 197-stall parking lot on property described as Certificate of Survey No. M-116. The subject property is located at 915 Highland Boulevard. Mayor Kirchhoff opened the public hearing. Assistant Planner Karin Caroline presented the staff report. She stated this new 197-stall parking lot, to be constructed along the Highland Boulevard frontage north of the existing parking lot, is to serve the existing hospital and medical office buildings. She noted that Lot A, which is located on the west side of the hospital and medical office buildings, contains 108 parking spaces and is to be the staging area for construction of Medical Office Building No. 4. To ensure that adequate parking is provided during construction of that new building and for the entire complex following completion of the building, this new parking lot is to be constructed immediately. 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 noted that, as a result of that review, staff has forwarded a recommendation for approval, subject to twelve conditions. She briefly highlighted some of the conditions unique to this project pertaining to landscaping, lighting and pedestrian crossings through the parking lot. Responding to Mayor Kirchhoff, the Assistant Planner confirmed this is to be a permanent parking lot, not a temporary lot until the new medical office building is completed. Responding to Commissioner Brown, the Assistant Planner stated the Planning Office has not received a formal application for construction of Medical Office Building No. 4; therefore, staff has not done the calculations on the number of parking stalls required. She then indicated that both Parking Lot A and this new parking lot are needed for the hospital and existing medical buildings even if the new building is not constructed. Mr. Dave Hullinger, Ellerbe-Becket Construction Services, noted that there are few open parking spaces around the hospital and medical office buildings at the present time, and the hospital has voiced a 06-03-2002 -4- desire to proceed with construction of this new parking lot as soon as possible to address that need. Also, he noted the new parking lot will help to ensure the number of parking spaces available is not reduced dudng construction of the new medical office building. Mayor Kirchhoff voiced his concern about the proposed location of this new parking lot, stating the result is to surround approximately 70 percent of the building with a sea of asphalt. He suggested that constructing a new parking lot at the rear of the site, possibly adjacent to the P3 parking lot, would be more appropriate. Mr. Hullinger responded that they considered many different ideas and scenarios before forwarding their application. He indicated that there is little space between the P3 lot and the property line, and they have chosen not to extend that lot any closer to the street because of the potential for creating a more gentle curve at the intersection of Ellis Street and Old Highland Boulevard. Responding to Mayor Kirchhoff, Mr. Hullinger confirmed that P3 would be the prime location for a parking structure in conjunction with the new medical office building. He stated they have considered various options for the parking structure, ranging from two to five stories depending on the height of the new building and the number of spaces needed. Mr. Dave Hullinger indicated that a berm is proposed between Highland Boulevard and the new parking lot to minimize the visual impacts. He also indicated that there will be nice landscaping between the street and the parking lot to ensure the site remains attractive. Mayor Kirchhoff stated he has been supportive of the hospital and medical office building expansions; however, he reiterated his concerns about the large expanse of surface parking around this facility, particularly between the building and the street. No one was present to speak in opposition to the major site plan. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. Commissioner Hietala and Commissioner Brown recognized that the proposed new parking lot is not in an aesthetically good location and that additional surface parking will further impact the appearance of the site. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the major site plan requested by Ellerbe-Becket Construction Services for Bozeman Deaconess Health Services under Application No. Z-02064, to allow the construction of a new 197-stall parking lot on property described as Certificate of Survey No. M-116, be approved subject to the following conditions: Final site plan shall show, in detail, style of proposed bollard lighting. Manufacturing cut sheets shall be included as well. The applicant shall preserve and replant any existing vegetation that lies within the proposed parking lot layout to the best of their ability. Applicant is encouraged to utilize a similar light fixture, in style, as those that exist throughout the site. However, the new light fixtures must comply with Section 18.50.035.A of the Bozeman zone code and be full cut-off fixtures. Applicant shall submit manufacturer's cut sheets for proposed parking lot lighting along with final site plan submittal. Parking lot lighting shall be high pressure sodium to harmonize with the existing light sources on site. Applicant shall provide permanent, concrete pedestrian crossings where pedestrian and vehicular traffic intersect. These crossings shall be of a different color and texture than that of the rest of the parking area. Details shall be provided on the final site plan. 06-03-2002 -5- Construction of landscape curbing and islands must not encumber access for maintenance and operation of water valves and manholes. o Locates for all water and sanitary sewer infrastructure must be on site prior to grading and construction. Landscape plans shall be prepared and certified by a registered Montana landscape architect, an individual with a degree in landscape design and two years of professional design experience, or an individual with a degree in a related field and at least five years of professional design experience. Permanent irrigation systems shall be provided to all landscaped areas. Details and specifications shall be noted on final landscape plans. 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 Department. 10. 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. 11. The applicant upon submitting the final site plan for approval by the Planning Director, will also submit a wdtten narrative outlining how each of the above conditions of approval have been satisfied or met. 12. A Stormwater Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease, and other pollutants must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient 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. If the runoff from the new parking lot will be directed to the existing pond, calculations shall be submitted to show that the volume of the existing pond is sufficient or to show the volume that must be added to the pond to handle the additional runoff. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro and Commissioner Hietala; those voting No being Mayor Kirchhoff. Public hearin.q - variances from Sections 16.t 6.010.H. and t 6.t 6.080.A. of the Bozeman Municipal Code to allow development of Cattail Creek Subdivision, Phase I, and to allow issuance of building permits to construct on individual lots usinq Davis Lane as an unpaved secondary access (immediately west of The Gallatin Center) (P-02002A) This was the time and place set for the public headng on variances from Sections 16.16.010.H. and 16.16.080.A. of the Bozeman Municipal Code, as requested by TD&H Engineering on behalf of SANDAN, 06-03-2002 6- L.L.C., under Application No. P-02002A, to allow development of Cattail Creek Subdivision, Phase I, and to allow issuance of building permits to construct on individual lots using Davis Lane as an unpaved secondary access. The subject property is located immediately west of The Gallatin Center. Mayor Kirchhoff opened the public hearing. Senior Planner Dave Skelton distributed copies of Section 16.14.040 of the new subdivision regulations, regarding installation of sidewalks, and Section 16.16.050.C. of the subdivision regulations, regarding drainage and irrigation ditches, after which he presented the staff report. The Senior Planner stated the variances under consideration in this agenda item are tied to the requested modification of conditions that is the subject of the next public hearing. He noted that approval of the preliminary plat for Cattail Creek Subdivision, Phase I, included conditions addressing improvement to a secondary access that was then anticipated via Deadman's Gulch to North 19th Avenue. In light of the improvements being installed for Baxter Meadows Subdivision, the applicant has found that extending Cattail Street to Davis Lane as a secondary access would be preferable. He indicated that the developers of this subdivision and Baxter Meadows Subdivision have found that by working cooperatively, they will be able to provide looped water and sewer infrastructure and a road system that will benefit both projects. Due to peak irrigation and high groundwater at this time, however, Davis Lane cannot be paved. He stressed that Catron Street will still provide primary access to this subdivision; and that road has been improved. Senior Planner Skelton stated that staff has reviewed the requested variance in light of the criteria set forth in the subdivision regulations, and staff's comprehensive findings are contained in the written staff report. In light of those findings, he forwarded staff's recommendation for approval, subject to five conditions which should be applied to both these variances and the requested modification of conditions. He stressed that improvements to Davis Lane will be addressed in conjunction with Phase II of this subdivision and asked the Commission to approve the language in the conditions recommended by staff rather than the language recommended by the City Planning Board. The Senior Planner noted that Mr. Robert Davis, owner of the property to the north, has expressed concern that recent activities involving the irrigation ditch through the subject property have resulted in the loss of water to his property. He stated that, as a result of those concerns, staff has recommended Condition No. 3, which requires the applicant to provide a determination on whether the section pertaining to active irrigation ditches is applicable and, if so, how that issue is to be addressed. He indicated that if the applicant determines the section is not applicable, an aggrieved party can forward his or her concerns prior to final plat approval. Responding to Mayor Kirchhoff, the Senior Planner stated that the conditions for approval of Baxter Meadows Subdivision, Phase I, require only the looping of water and sewer infrastructure. He noted that if the agreement between the developers of these two subdivisions fails, the developer of Cattail Creek Subdivision will be completely responsible for improvements to Davis Lane prior to approval of Phase II. Mr. Dave Crawford, consulting engineer representing the applicant, stated concurrence with the staff report and the recommended conditions. Mr. Bob Davis, 13920 Theisen Road, stated he owns the 100 acres immediately north of Cattail Creek Subdivision. He expressed concern that a portion of the ditch providing water to that property has been filled in, making water no longer available to his parcel. He stated that his property has had water rights in Farmers Canal since 1890, and downstream water users must be provided with that water. As a result, he asked that steps be taken to ensure water is delivered to the southern corner of his property. He noted that, as a member of the Farmers Canal, he has worked closely with the City in the past to address problems with the delivery of water and, if necessary, he is prepared to go through legal processes in this instance. He then indicated that similar problems are being encountered with the Baxter Meadows Subdivision and invited Commissioners to attend a meeting tomorrow to address that issue. Responding to Commissioner Brown, Mr. Davis stated there is a headgate in the Farmers Canal at the southwest corner of this property. He indicated that the ditch can be relocated if necessary; his only concern is that water be available at the southern corner of his property. 06-03-2002 -7- Mr. Mike Lilly, attomey representing the applicant, stated the water rights issue should be addressed when the final plat is filed. He stressed that the subdivision regulations address the realignment or relocation of active irrigation ditches. He noted that SANDAN purchased the subject property from Mr. Davis in November 1997 and has subsequently paid off the contract. He noted that at no time in the past five years has there been water through the ditch and, according to Mr. Davis, there has not been water in the ditch for the past twenty years. In addition, Mr. Davis did not reserve an easement for this ditch or the dght to use the ditch; and the first time the applicant heard about the ditch was when he began filling it in a few weeks ago. He stressed that this is a civil litigation issue between the private parties and is not part of the application before the Commission at this time. Responding to Mayor Kirchhoff, the Senior Planner stated that if Section 16.14.050.C. of the subdivision regulations is determined to be applicable to this project, the applicant must provide a ditch through the subject subdivision. Since there were no Commissioner objections, Mayor Kirchhoff closed the public headng. Responding to concems voiced by Mayor Kirchhoff, City Attorney Luwe stated that Commission action on this item will not automatically involve the City in a lawsuit; however, he cautioned that the parties in a civil suit can name the City if they so choose, and sometimes do. Itwas moved by Commissioner Cetraro, seconded by Commissioner Hietala, that the variances from Sections 16.16.010.H. and 16.16.080.A. of the Bozeman Municipal Code, as requested by TD&H Engineering on behalf of SANDAN, L.L.C., underApplication No. P-02002A, to allow development of Cattail Creek Subdivision, Phase I, and to allow issuance of building permits to construct on individual lots using Davis Lane as an unpaved secondary access be approved, subject to the following conditions: The proposal to utilize Cattail Street and Davis Lane for a secondary access is acceptable. Davis Lane shall be improved to one-half of a divided minor artedal standard or financially guaranteed pdor to filing of the plat for Phase I of this subdivision. If the improvements are financially guaranteed, building permits will be issued prior to completion of the improvements. Construction of said improvements shall commence no later than September of 2002, or the financial guarantee will be forfeited. If applicable, Section 16.14.050 of the Subdivision Regulations shall be complied with. That the final plat contains a notation stating that all downstream water user facilities will not be impacted by this subdivision and that it be noted accordingly in the bylaws and protective covenants of the homeowners' association. That the developer shall enter into 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. If the final plat is filed prior to installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to one hundred fifty percent (150%) of the cost of the remaining improvements. 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. 06-03-2002 -8- Public hearinq - modification of Condition Nos. 3, 8 and 9 for approval of Cattail Creek Subdivision, Phase I, to allow for installation of sidewalks on the third anniversary of filing of the final plat or at issuance of buildinq permits; waive review of required improvements by the Montana Department of Transportation; and construct Cattail Street, in lieu of Deadman's Gulch, as a secondary street (P-02002A) This was the time and place set for the public hearing on the request for modification of Condition Nos. 3, 8 and 9 for approval of Cattail Creek Subdivision, Phase I, as requested by TD&H Engineering on behalf of SANDAN, EEC., underApplication No. P-02002A, to allowfor installation of sidewalks on the third anniversary of filing of the final plat or at issuance of building permits; to waive review of required improvements by the Montana Department of Transportation; and to construct Cattail Street, in lieu of Deadman's Gulch, as a secondary street. The subject property is located immediately west of The Gallatin Center. Mayor Kirchhoff opened the public headng. Senior Planner Dave Skelton presented the staff report. He stated that on November 6, 2000, the Commission approved the preliminary plat for Cattail Creek Subdivision, Phase I, subject to 33 conditions. The three conditions for which the applicant is seeking modification read as follows in that approval: 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 pdor to final plat approval. City standard residential sidewalks shall be constructed on all public street frontages at the time the street is constructed unless a variance is requested and granted by the City Commission. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements. The Traffic Impact Analysis prepared by Kimley-Horn for Gallatin Center and Cattail Creek Subdivisions identify many improvements that must be made by the developers of these subdivisions. All improvements deemed necessary by Montana Department of Transportation for this subdivision shall be constructed or financially guaranteed prior to filing of the final plat. Additionally, no building permits shall be issued prior to construction and acceptance of the identified improvements. Deadman's Gulch shall be constructed from this subdivision to North 19th Avenue, including all required intersection improvements and signalization as determined by the Montana Department of Transportation. The Senior Planner stated that under the requested modifications, the language in Condition No. 3 is to be revised to reflect language similar to that contained in the new subdivision regulations. The revision would allow the installation of sidewalks on the third anniversary of filing of the final plat or at issuance of building permits, with the developer providing an acceptable method of security equal to 150 percent of the remaining sidewalk improvements. He then indicated that, in light of the variances approved in the previous agenda item, the approval from the Montana Department of Transportation required in Condition No. 8 is no loner needed; and Condition No. 9 can be eliminated since Deadman's Gulch to North 19th Avenue will no longer be providing the secondary access. Mr. Dave Crawford, consulting engineer representing the applicant, stated his concurrence with the staff report and indicated a willingness to respond to questions. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the request for modification of Condition Nos. 3, 8 and 9 for approval of Cattail Creek Subdivision, Phase I, as requested by TD&H Engineering on behalf of SANDAN, L.L.C., under Application No. P-02002A, to allow for 06-03-2002 -9- installation of sidewalks on the third anniversary of filing of the final plat or at issuance of building permits; to waive review of required improvements by the Montana Department of Transportation; and to construct Cattail Street, in lieu of Deadman's Gulch, as a secondary street be approved, subject to the following conditions: The proposal to utilize Cattail Street and Davis Lane for a secondary access is acceptable. Davis Lane shall be improved to one-half of a divided minor artedal standard or financially guaranteed prior to filing of the plat for Phase I of this subdivision. If the improvements are financially guaranteed, building permits will be issued prior to completion of the improvements. Construction of said improvements shall commence no later than September of 2002, or the financial guarantee will be forfeited. If applicable, Section 16.14.050 of the Subdivision Regulations shall be complied with. That the final plat contains a notation stating that all downstream water user facilities will not be impacted by this subdivision and that it be noted accordingly in the bylaws and protective covenants of the homeowners' association. o That the developer shall enter into 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. If the final plat is filed prior to installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to one hundred fifty percent (150%) of the cost of the remaining improvements. 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. Break - 8:05 to 8:15 p.m. Mayor Kirchhoff declared a break from 8:05 p.m. to 8:15 p.m., in accordance with Commission policy. Discussion - possible revisions to comprehensive revisions to zoning regulations Discussion - possible revisions to comprehensive revisions to subdivision requlations Commissioner Hietala distributed copies of his proposed revisions to the comprehensive revisions to both the zoning regulations and the subdivision regulations. At Mayor Kirchhoff's request, Commissioner Hietala reviewed those proposed revisions. He noted that he had another conversation with Planning Director Epple, Associate Planner Saunders and Associate Planner Sanford this afternoon; and that conversation revealed that some of his proposed revisions may not be possible. He also stated that as a result of that meeting, they agreed that some of these issues can be considered in the next round of revisions; and he will continue to work with staff through that process. Commissioner Hietala stated he continues to be concerned about the watercourse setbacks, noting he views them as arbitrary. He suggested using the 100-year floodplain as the standard, and noted he feels that infill projects and site improvements along Bozeman Creek should be encouraged. He then suggested that a deadline for Planning Board review of preliminary plats be reinstated to ensure that the Commission has adequate time for its review and action within the sixty-day time period allowed by statute. Regarding variances, the Commissioner suggested some slight revisions in the language, and recognized this can be addressed in future revisions. 06-03-2002 -10- Commissioner Hietala turned his attention to revisions in the zoning regulations. He questioned why four votes are required for approval of a vadance and suggested that be revised to a simple majority. He noted that staff has explained the statutory requirements for variances to him, and he acknowledges the inability to make any changes unless the Commission reinstates the Board of Adjustment. Commissioner Hietala suggested that the definition of apartments be revised, and that standards for maintenance of rental properties be established. He also proposed that mobile homes on permanent foundations be eliminated in the "R-2A" zoning district, with the mix of housing types being reserved for the "R-3A" and higher zoning designations. He stated there is a perception that the process for improvements in the neighborhood conservation overlay district is burdensome and suggested there may be a way to address that issue. Also, he suggested that the number of overlays be reduced to reflect the actual historic areas. Commissioner Hietala proposed that the periods for appeal be extended; however, he noted that staff has cautioned that the established time periods were designed to protect the developer. He then turned his attention to parks, stating more usable land is needed for parks. He suggested that no more than 50 percent of dedicated parkland be used for lineal trails on watercourses. He also proposed that cash-in- lieu of parkland dedications be based on fair market value of improved property and that those monies be used to serve a broader area, recognizing both of those changes will require action by the legislature. Commissioner Hietala concluded by stating his intent to continue working with staff through the implementation process. He indicated that he will bring these changes back later, and that he is now prepared to finally adopt the revisions currently being processed. Commissioner Brown voiced his support for the proposal to change the cash-in-lieu calculations. Associate Planner Chris Saunders distributed two memos to the Commission. He turned his attention to the memo dated May 6, cautioning that Section 18.50.060.D.2. contains three alternatives; and the Commission needs to choose one prior to final adoption of the ordinance. He also noted that a numbering error has been corrected. He then indicated that the memo dated June 3 simply contains some background information on watercourse setbacks. Associate Planner Jody Sanford noted that the latest draft of the subdivision regulations includes a memo dated May 8 with some changes to be made in the text if the regulations are finally adopted next week. She highlighted those changes, which include clarifying the language pertaining to paving of secondary accesses, correcting discrepancies in street frontage requirements between the subdivision regulations and zoning regulations, and correcting a numbering error. Commissioner Brown indicated there is a missing word in Section 16.14.020, and suggested a clarification on sidewalks adjacent to alley approaches. Responding to Commissioner Brown, Associate Planner Saunders stated that trees are to be planted next to streams to provide shade for the water, with grass planted further from the stream. He indicated that no understory is being required at this time, although it may be encouraged at some point in time. He then indicated that the landscaping requirements of the zone code will not apply to plantings along stream corridors. Planning Director Epple thanked Commissioner Hietala for his careful review of these documents and voiced his commitment to working with the Commissioner during upcoming revisions to the codes. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1) Calendar of events for adoption of the budget for the upcoming fiscal year. (2) Memo from Staff Attorney Day-Moore, dated May 29, forwarding an ordinance to allow sidewalk vendors and sandwich signs on portions of Main Street. 06-03-2002 -11 - (3) Memo from Clerk of the Commission Sullivan, dated May 30, providing a brief report on her recent attendance at the International Institute of Municipal Clerks (IIMC) Conference held in San Antonio on May 18 through 23, 2002. (4) Information and registration for a conference for public works managers on terrodsm and weapons of mass destruction, to be held at the GranTree Inn on July 9 through 11, 2002. (5) Invitation from the Montana Department of Transportation to attend a public open house on update of TranPlan21, Montana's statewide multi-modal transportation plan. (6) May 29 update of the planning projects to be considered at upcoming Commission meetings. (7) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, June 4, in the Commission Room. (8) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, June 4, at the Professional Building. (9) Agendas for the Zoning Commission meeting to be held at 7:00 p.m. and the City Planning Board meeting to be held at 7:15 p.m. on Tuesday, June 4, in the Commission Room. (10) Letter from Betsy Webb, Institute for Public Strategies, dated June 3, forwarding a proposal for creation of a Bozeman Alcohol Policy Council which would function for a period of nine months. City Manager Johnson noted that Ms. Webb has also requested permission to address the Commission regarding this proposal and asked if a majodty of the Commissioners wish to consider such a presentation; a majority of the Commissioners indicated a willingness to listen to a presentation. (11) requested an transportation. City Manager Johnson noted that Brian Close, as a member of the GalaYan board, has opportunity to address the Commission regarding his proposal for a task force on A majority of the Commissioners indicated a willingness to listen to a presentation. (12) City Manager Johnson noted that Rachael Wallace, President of the Missouri Headwaters Preservation Trust, has submitted a letter dated May 15 requesting permission to address the Commission regarding the status of the Story Mansion project. The Commissioners asked for the report in writing, rather than as a presentation at a Commission meeting. (13) City Manager Johnson stated that Ed McCrone has submitted a letter requesting permission to address the Commission regarding his request for extension of municipal sewer service to the Historic Story Mill at community expense. The Commissioners concurred that this request should be considered in conjunction with a specific project rather than at this time. (14) Planning Director Epple announced that the planning consultant with whom staff has been working to assist in drafting new urbanist design standards for the subdivision regulations and zone code is not available until late August or early September. He asked if the Commissioners are interested in continuing to work with ths consultant since that will result in a delay until after Labor Day; the Commissioners indicated that they are. (15) City Attorney Luwe stated he was recently appointed to the Montana Supreme Court Commission on Courts of Limited Jurisdiction, which is responsible for making rules and looking at the procedures of lower courts. He indicated this is a three-year appointment and will result in attending meetings the third Friday of every month. 06-03-2002 -12- (16) Director of Public Service Arkell submitted the following. (1) Announced that over 500 cars went through the hazardous household collection event on Saturday, June 1. (2) Announced that Rick Hixson has been selected as the new City Engineer, effective June 1. (3) Stated that Hyalite Lake is now full, one month ahead of schedule. She noted this is the result of the dam tender allowing only minimal stream flow through the winter months in anticipation of difficulty in filling the lake. (17) Commissioner Brown noted that Boulder, Colorado, has already implemented watering restrictions, allowing watering in 15-minute increments two days a week. (18) Mayor Kirchhoff submitted the following. (1) Has received a notice from the Harley-Davidson owners group announcing that Bozeman/Belgrade will be the venue for their regional rally on June 27 through 29, with a parade down Main Street scheduled for 5:30 p.m. on Saturday, June 29. (2) Has received a letter announcing that the Lewis and Clark exhibit will be on display at the Gallatin Valley Mall from June 7 through July 10. (3) Noted he has received a survey from the National League of Cities regarding cable modem franchise fees. He indicated his intent to send the survey back unless Commissioners object; the Commissioners voiced support for completing and returning the survey. Adjournment - 9:25 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 06-03-2002