Loading...
HomeMy WebLinkAbout2002-05-06 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA May 6, 2002 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, May 6, 2002, at 7:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner Marcia Youngman, 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. 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. Proclamation - "National Police Week" - May 12-18, 2002 Mayor Kirchhoff read the proclamation into the record. Chaplain Warren Hiebert noted that Bozeman has many excellent law enforcement officers. He read excerpts from a letter he received from Concerns of Police Survivors (C.O.P.S.), which revealed that over 230 officers died in the line of duty in 2001, the highest since 1975. He distributed blue ribbons, encouraging everyone to fly a blue ribbon from the vehicle antenna during National Police Week in support of the men and women in law enforcement. He also encouraged everyone to observe Peace Officer's Memorial Day on Wednesday, May 15. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Commission concur in the Mayor's proclamation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Minutes - January 18, 2000, and April 8, April 22 and April 29, 2002 It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the minutes of the meetings of April 8 and April 29, 2002, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, and April 22, 2002, to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Proclamation - "Salvation Army Week" - May 13-'19, 2002 Acknowledge receipt of petition for creation of a special improvement lighting district in Phase I of Cattail Creek Subdivision; refer to staff 05-06-2002 -2- Exemption from subdivision review - relocate common boundary between Tract 1 and Tract 2 (3125 and 3205 West Babcock Street)- Harrinqton's, Inc., and Frank R. Harrinqton and Dora B. Harrington Trusts (E-02002) Application for Special Beer Licenses - Gallatin Valley Softball Association - May 17- 19, May 31-June 2, June 7-9, June 14-16, June 21-23, June 28-30, July 12-14, July 19-21 and July 26-28, 2002 Claims It was moved by Commissioner Brown, seconded by Commissioner Cetraro, 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 Brown, Commissioner Cetraro, CommissionerYoungman, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. Pledged Securities as of March 31, 2002 In compliance with the provisions of Sections 7-6-201 to 7-6-212, Montana Code Annotated, Commissioner Hietala and Commissioner Brown have examined the receipts of Depository Bonds and Pledged Securities held by the Director of Finance as security for City funds deposited in Bozeman banks. Commissioner Hietala reported that the inventory of Depository Bonds and Pledged Securities was found to be in order. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Commission approve the Depository Bonds and Pledged Securities as of March 31, 2002, listed as follows: DEPOSITORY BONDS AND SECURITIES MARCH 31, 2002 Repurchase Agreement Account Trusteed with American Bank, N.A.: Federal Home Loan Bank Sub-Total RATE MATURITY AMERICAN BANK - Bozeman 5.735% 07/10/2002 RECEIPT NO. 2002-02-0061 TOTAL AMOUNT $1,106,000.00 $1,106,000.00 All Other Accounts Federal Deposit Insurance Corporation $ 100,000.00 Trusteed with American Bank, N.A.: Federal Home Loan Bank Sub-Total TOTAL - American Bank - Bozeman 6.035 06/04/2003 341016545 750,000.00 $ 750,000.00 $1,956,000.00 05-06-2002 -3- This is to certify that we, the Commission of the City of Bozeman, in compliance with the provisions of Section 7-6-207, M.C.A., have this day certified the receipts of the Amedcan Bank, N.A., for the Depository Bonds held by the Director of Finance as security, for the deposit for the City of Bozeman funds as of March 31, 2002, by the banks of Bozeman and approve and accept the same. STEVEN R. KIRCHHOFF, Mayor JARVIS H. BROWN, Commissioner ANDREW CETRARO, Commissioner LEE HIETALA, Commissioner MARCIA B. YOUNGMAN, Commissioner The motion carded by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. Continued public hearinq - intent to annex 74.26+ acres in the Nt/, and SE% of Section 24, T2S, RSE, MPM (west side of South Third Avenue, south of Allison Subdivision, Phase II and north of Sacajawea Middle School) - Mahar Montana Homes, L.L.C., for Con and Daphne Gillam Revocable Trust (A-02001) This was the time and place set for the continued public hearing on the intent to annex 74.26+ acres located in the North one-half and the Southeast one-quarter of Section 24, Township 2 South, Range 5 East, Montana Principal Meridian, as requested by Mahar Montana Homes, L.L.C. for the Con and Daphne Gillam Revocable Trust under Application No. A-02001, as established by Commission Resolution No. 3513, entitled: COMMISSION RESOLUTION NO. 3513 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. Mayor Kirchhoff reopened the continued public hearing. Distributed prior to the meeting was a letter from Holly Brown, attorney representing the applicant, requesting that this public hearing be continued to the May 13 meeting. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the public hearing be continued to May 13 per the applicant's request. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No, none. 05-06-2002 -4- Continued public hearinq - establish initial municipal zoninq desiQnation of"R-2A" on 74.26+ acres in the Nt/, and SE% of Section 24, T2S, RSE, MPM (west side of South Third Avenue, south of Allison Subdivision, Phase II and north of Sacajawea Middle School) - Mahar Montana Homes, L.L.C., for Con and Daphne Gillam Revocable Trust (Z-02008) This was the time and place set for the public hearing on the Zone Map Amendment requested by Mahar Montana Homes, L.L.C., for the Con and Daphne Gillam Revocable Trust under Application No. Z-02008, to establish an initial municipal zoning designation of "R-2A", Residential--Single-household, Medium-density, on 74.26+ acres located in the North one-half and the Southeast one-quarter of Section 24, Township 2 South, Range 5 East, Montana Principal Meridian. The subject property is located along the west side of South Third Avenue, south of Allison Subdivision, Phase II, and north of Sacajawea Middle School. Mayor Kirchhoff reopened the continued public hearing. Distributed prior to the meeting was a letter from Holly Brown, attorney representing the applicant, requesting that this public headng be continued to the May 13 meeting. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the public hearing be continued to May 13 per the applicant's request. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Public hearinq - Certificate of Appropriateness to allow construction of a new single-family residence on Lot 2, Block 4, Beall and Davis Addition, with deviations from Section 18.18.050 of the Bozeman Municipal Code, to allow house to encroach 6 feet into 20-foot front yard setback, and to allow new detached garage to encroach 4 feet into the required 5-foot side yard setback and 2 feet into required 1 O-foot rear yard setback -Jon Maxwell for 305 North Ida Avenue (Z-02050) This was the time and place set for the public hearing on the Certificate of Appropriateness requested by Jon Maxwell under Application No. Z-02050, to allow the construction of a new single-family residence on Lot 2, Block 4, Beall and Davis Addition, with deviations from Section 18.18.050 of the Bozeman Municipal Code to allow the house to encroach 6 feet into the 20-foot front yard setback, and to allow the new detached garage to encroach 4 feet into the required 5-foot side yard setback and 2 feet into the required 10-foot rear yard setback. The subject property is located at 305 North Ida Avenue. Mayor Kirchhoff opened the public hearing. Included in the Commissioners' packets was a memo from Historic Preservation Planner Jim Jenks, dated May 1, forwarding the applicant's request that the public hearing be continued to May 13. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the public hearing be continued to May 13 per the applicant's request. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. Public hearin.q - Major Site Plan and Certificate of Appropriateness to allow demolition of existin~l building and construction of a +15,360-square-foot 3-story building for retail and office space on Lot 1, Amended Subdivision Plat of portions of Blocks 28 and 29, Northern Pacific Addition, with deviations from Section 18.30.060, Bozeman Municipal Code, to allow roof heiqht to exceed limit by 7 feet and from Section 18.30.050, to allow buildinq to encroach $ feet into required 2S-foot front yard setback - Locati Architects for 1007 East Main Street (Z-02043) This was the time and place set for the public hearing on the Major Site Plan and Certificate of Appropriateness requested by Locati Architects under Application No. Z-02043 to allow demolition of the existing building and construction of a +15,360-square-foot 3-story building for retail and office space on Lot 1, Amended Subdivision Plat of portions of Blocks 28 and 29, Northern Pacific Addition, with deviations 05-06-2002 -5- from Section 18.30.060, Bozeman Municipal Code, to allow the roof height to exceed the height limitation by 7 feet, and from Section 18.30.050, to allow the building to encroach 5 feet into the required 25-foot front yard setback. The subject property is located at 1007 East Main Street. Mayor Kirchhoff opened the public hearing. Assistant Planner Jami Morris presented the staff report. She stated the applicant proposes to relocate his office building to this site, which is along the north side of East Main Street, between Jackpot East and the Alpine Motel and across the street from the Blue Sky Motel and Lindley Park. The property is zoned "B-2", Community Business, and is located in the East Main Street entryway overlay corridor. The Assistant Planner reviewed the two requested deviations. She noted that the maximum height for a fiat roof is 32 feet and the maximum height for a pitched roof is 38 feet; and the applicant proposes to exceed that height limitation by 7 feet. The applicant has also requested a deviation to allow the building to be constructed 20 feet from the front property line rather than the required 25 feet under the current code. In addition, the applicant has requested a deviation from the proposed setback requirement of 7 feet to allow the building to be constructed 5~ feet from the property line, if those new regulations are in effect prior to submittal of the final site plan. Assistant Planner Jami Morris turned her attention to the proposed street lighting for this project, noting that it is an extension of the historic lighting being installed in the downtown core area. She noted the Design Review Board has recommended approval of this lighting and suggested that it possibly be extended to the 1-90 interchange, and this is one issue on which there has been extensive input. The Assistant Planner forwarded staff's recommendation for approval, subject to 34 conditions, and briefly highlighted some of those conditions. She indicated that this building is to contain retail on the first floor and offices on the second and third floors. It is anticipated that the Alpine Motel property may be redeveloped with a similar project, and that the new development will use the shared access and parking being provided with this building. If that does not occur, the applicant will be required to get a deviation for this project. Responding to Commissioner Youngman, the Assistant Planner confirmed that the Improvement Distdct Board does not support extension of the downtown historic lighting beyond Broadway Avenue, but would support a dissimilar histodc light fixture. Responding to Mayor Kirchhoff, Assistant Planner Morris stated that the sidewalk along East Main Street is a 5~ -foot-wide curb sidewalk, and the building could be set as close as 5 feet from that sidewalk if the deviation to the new regulations is approved. If the building is located that close, the trees in the boulevard would be eliminated. Mr. Jerry Locati, applicant, stated his concurrence with the conditions as recommended by staff. He noted that this project is based on the premise of extending the downtown east on Main Street. To further that idea, the building is to be constructed with an historic feel, using brick and some recycled woods on the third story. He indicated that 2/3 of the building is to be three stories while the remaining 1/3 is to be two stories. He noted that in the original plans, he had the building set back 25 feet from the property line, with the parking behind the building; and the Design Review Board suggested that it be brought closer to the sidewalk, to further promote the downtown feel, and encouraged the use of the downtown historic lighting. He stated that, while he supports locating the building closer to the street than the standard 25-foot setback allows, he wants a nice walkway and landscaping in front of the building. As a result, he feels that the new standard of a 7-foot front setback under the code revisions may be too close to the sidewalk. Mr. Locati stated that, as part owner of the Alpine Motel property, he is working on a concept for the construction of more retail/office buildings along East Main Street that maintains the same feel and look as depicted in the rendering for this building. He concluded by noting that Bozeman has the opportunity to create a unique look in one of its entryways, and he feels that character buildings and extension of the downtown feel are preferable to a strip mall feel. 05-06-2002 6- Responding to Mayor Kirchhoff, Mr. Locati stated that he anticipates a 10 to 15-foot-wide landscape strip between the sidewalk and the front of the building. He noted that this will allow for extensive landscaping and the planting of boulevard trees. Mr. Steve Schnee stated his strong support for the project, its theme and character. He stated that, as a downtown businessman, however, he does not support the extension of the historic lighting this far outside the downtown area. He noted that, since 1987, he has served on various City committees working on the future of the downtown and was involved in development of the MAKERS plan for the downtown core, which has been incorporated into the Bozeman 2020 Community Plan. In that plan, the historic lighting is to extend from Grand Avenue to Rouse Avenue. However, development east of Rouse Avenue happened more quickly than anticipated, and the histodc lighting fixtures and downtown streetscape were extended to Broadway Avenue. He stated those involved with the urban renewal program were interested in creating a defined area that can easily be recognized by visitors as the historic downtown district. He is concerned that extending the lighting and streetscape east past Broadway Avenue will erode the basis of the plan for the downtown area. He concluded by forwarding the Bozeman Downtown Partnership's position that the historic lighting not be approved, but that a more traditional light fixture be required. Mr. Brian Close, 406 East Olive Street, encouraged the Commission to require lighting fixtures that are shielded and direct light downward. He noted that the fixtures allowed in the downtown area may not meet the code requirements, and asked that the Commission not allow them to be installed in other areas. Mr. Chris Pope noted Mr. Locati is one of the few architects that has made a statement in the downtown area with his new buildings. He voiced his strong support for the project, but voiced his concern there seems to be a disconnect between the various City reviewing agencies that help provide a vision for the future of the community. He noted that, as a member of the Downtown Improvement District Board, he has been involved in developing a plan for preserving the feel of the downtown, which is more than just bricks and mortar. He noted that the heart and soul of the MAKERS plan is the historic lighting and asked that those lights be limited to the downtown. Mr. Chris Nixon, 719 North Wallace Avenue, stated his support for the proposed project and the deviations for height and setbacks. He noted the building design is attractive; and the applicant proposes to use quality materials, including real brick. He noted, however, he does agree with the downtown businesses' concern about the extension of the downtown historic lighting. He proposed, instead, that an equally attractive downshielded light fixture be utilized. He concluded by thanking Mr. Locati for valuing the east side of Bozeman. Ms. Marilyn Tracz, Executive Director for the Downtown Bozeman Partnership, stressed that they support this project and view it as a tremendous asset to the downtown, but feel that the historic lights should not extend beyond Broadway Avenue. As a result, she asked that the lighting fixtures be changed. Mr. Locati noted the project does not hinge on the downtown lighting fixtures, and stated a willingness to work with the downtown organization and City staff to identify a lighting fixture that would be acceptable. Since there were no objections, Mayor Kirchhoff closed the public hearing. Assistant Planner Mords confirmed that the downtown lights do not conform with code requirements. She then indicated that if the Commission chooses not to approve the use of those fixtures for this project, Condition No. 2 should be revised to require shielding to ensure the light is directed downward. Responding to Commissioner Brown, the Assistant Planner stated that Condition No. 1 allows flexibility on the location of the building. She indicated that if the code revisions are effective prior to approval of the final site plan for this project, the building could be located 5~ feet from the property line if this condition is included in the approval. Commissioner Youngman voiced her support for the East Main Street corridor being distinctive. As a result, she encouraged the Commissioners to think of this project as not just a single project, but as a project that will set the tone for all other development between Broadway Avenue and the Interstate. She 05-06-2002 -7- suggested that the boulevard, trees, light fixtures and setbacks are elements which should be included in the design. Assistant Planner Jami Morris reminded the Commission that the sidewalks along both East Main Street and West Main Street are 5-foot-wide curb sidewalks, which places the boulevard behind the sidewalk rather than between the sidewalk and the street. Responding to Mayor Kirchhoff, Planning Director Epple cautioned that a 5-foot-wide sidewalk is not wide enough for planting a tree. If trees are to be planted in the sidewalk similar to the downtown area, a 10 to 12-foot-wide sidewalk will be required; or trees could be planted between the sidewalk and the building. He acknowledged thatwider sidewalks could be utilized, and recommended an additional condition that requires the applicant to provide a 5-foot-wide public access easement to accommodate the additional sidewalk width. Responding to the Planning Director, Mr. Locati reiterated his intent to set the building a minimum of 10 feet from the front property line if the code revisions become effective prior to approval of his final site plan, to provide space for an urban park area in front of the building, rather than having the building abut the sidewalk. As a result of discussion, the Commissioners voiced a willingness to allow Mr. Locati to work with staff to develop a plan that includes sidewalk, boulevard, trees, light fixtures and setbacks that will be utilized not only for this project but for other development along East Main Street. They recognized the importance of identifying an attractive light fixture that may reflect historic appearance but is dissimilar from the downtown light fixtures and directs light downward. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the Major Site Plan and Certificate of Appropriateness requested by Locati Architects under Application No. Z-02043 to allow demolition of the existing building and construction of a +15,360-square-foot 3-story building for retail and office space on Lot 1, Amended Subdivision Plat of portions of Blocks 28 and 29, Northern Pacific Addition, with deviations from Section 18.30.060, Bozeman Municipal Code, to allow the roof height to exceed the height limitation by 7 feet, and from Section 18.30.050, to allow the building to encroach 5 feet into the required 25-foot front yard setback be approved, subject to the following conditions: If the currently proposed zoning text amendments for setbacks in the "B-2" zoning district are approved and the requested deviation from the front yard setback is granted, then the final site plan depicting a deviation from the 7-foot front yard setback can only be approved after the effective date of the zoning text amendments. The applicant shall work with City staff to develop an acceptable plan for lighting fixtures for street lighting along East Main Street that compliments but is dissimilar from the approved downtown street lighting fixture. The lighting fixture shall deflect light down so as to not detract from ddver visibility, the poles shall be placed 2 feet from the back of curb to the center of the pole, and, if historic type lighting fixtures are utilized, the lights shall be evenly spaced at a rate of one light for every 50 feet of street frontage, excluding the drive access. All of the above-mentioned specifications shall be noted on the final site plan. Only approved street trees, as outlined in Section 18.49.060, will be permitted within the boulevard. One tree for every 50 feet of street frontage shall be planted and the property owner shall supply permanent irrigation to the trees. The design of the boulevard and sidewalk area shall be consistent with the MAKERS plan for the downtown streetscape. All of the above-mentioned requirements shall be noted on the final site plan. A standard, two-way drive aisle shall be installed to provide a loop for proper circulation on the north side of the parking lot. 5. A bike rack shall be provided on the south side of the building. 05-06-2002 -8- o 10. 11. 12. 13. Plans and specifications for any fire service line shall be prepared in accordance with the City's Fire Service Line Policy by a professional engineer, licensed in the State of Montana, and be provided to and approved by the City Engineer prior to initiation of construction of the fire service or fire protection system. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. If a fire service line is required, an engineered plan and profile from the 6-inch main in East Main Street must be provided to the City for review and approval. Application for this service must be made at the Building Department. Fire lines are not assessed impact fees. This site is currently serviced with a 1-inch domestic water service. Any modifications in this service size or location must be approved by the Water Superintendent. Upsizing of the domestic water service will result in assessment of both water and sanitary sewer impact fees. A new water service application must be filed at the Building Department. This site is currently served with a 4-inch clay sanitary sewer in the rear lot easement. This line must be televised to ascertain its serviceability and must be acceptable to the Water/Sewer Superintendent. If the existing sewer service is not acceptable, a new stub will be installed by the City with all costs home by the owner. The location of the water and sewer service must be shown on the site, paving and landscape plans. A Stormwater Drainage Plan/Treatment Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease and other pollutants from the run-off from the private streets/parking lots must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient flow directional arrows and spot elevations along drainage courses), stormwater detention/retention basin details (including basin sizing and discharge calculation and discharge structure details), stormwater discharge destination and a stormwater maintenance plan. If the grading design discloses any adverse impact to off-site properties, necessary design alterations and/or drainage conveyance devices and easements must be provided. The stormwater drainage/treatment plan shall include a maintenance plan which must be provided to and approved by the City Engineer. The plan shall include the following: description of maintenance operations, frequency of inspections and maintenance, responsible parties and recordkeeping methodology. Based on historical site use, a Phase I Environmental Site Assessment shall be performed for the property. The assessment shall include evaluation of current and past uses/practices of the property, review of owner/operator records, a review of local, state, and federal regulatory agency records including information regarding underground storage tanks, and spills or leaks of potentially hazardous materials, a physical survey of the property and surrounding properties to assess the previous and current occupants in the area, a review of data regarding the local hydrology and geology, and an on-site visual inspection looking for signs of potential environmental hazards. Prior to commencement of demolition activities, results of the Phase I Environmental Site Assessment shall be provided to the City Engineer for review and approval. Should Phase I results identify potential contamination, a Phase II Environmental Site Assessment will be required. Please note that if subsurface contamination is discovered, it must be reported to the Montana Department of Environmental Quality (MDEQ) within 24 hours, and it may not be excavated or disposed of without full characterization and MDEQ approval. 05-06-2002 -9- 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. The applicant shall provide the City Engineer with a copy of wdtten approval from a licensed landfill agreeing to accept demolition debris prior to final site plan approval. Occupancy and Street Cut Permits must be obtained from the Montana Department of Transportation (MDT) for location of water and sewer services within the State's right-of-way where applicable. The existing East Main Street drive approaches shall be abandoned and replaced with curb and gutter and sidewalk. Required permitting and approval shall be obtained from MDT prior to abandonment and subsequent construction. The proposed East Main Street access must be approved by MDT. A Montana Department of Transportation Encroachment Permit shall be obtained for all improvements within the right-of-way, including the installation of street trees, and shall be provided with the final site plan. All public sidewalks shall comply with the necessary ADA requirements (i.e., width and slope). Not more than 1/3 of the front yard may be utilized for stormwater detention/retention and shall not exceed a 1 '/~-foot depth and shall provide a maximum slope of 1:4. A minimum 5-foot turnout shall be provided to enable parking maneuvers out of parking stalls that are parallel to the setback lines. The applicant must submit seven (7) copies of a final site plan within 6 months of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. A building permit must be obtained prior to the work, and must be obtained within one year of final site plan approval. Building permits will not be issued until the final site plan is approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of the final site plan, including excavation and footing preparation, but NO CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED, The applicant shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements at the time of final site plan submittal. If occupancy of the structure is to occur prior to the installation of all required on-site improvements, the Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of secudty shall be valid for a period of not less than twelve (12) months; however, the applicant shall complete all on-site improvements within nine (9) months of occupancy to avoid default on the method of security. Per Section 18.49.040.C.3"Preparation of a Landscape Plan", 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. All exterior lighting shall be detailed on the final site plan. In addition, a new lighting detail shall be provided on the final site plan for the parking lot light. All lighting shall be arranged so as to deflect light down and/or away from any adjoining properties and shall not detract from driver visibility on adjacent streets. Luminaires and lenses shall not protrude below the edge of the light fixture per Section 18.50.035.1. 05-06-2002 -10- 27. Per Section 18.50.110.F.3 "Disabled Accessible Parking Spaces", accessible spaces shall .be located as near as practical to a primary entrance. Parking spaces and access aisles shall be level with slopes not exceeding 1:50 in all directions. Raised signs shall be located at a distance no greater than five feet from the front of each accessible space and shall state "Permit Required $100 Fine". One of the disabled accessible spaces shall also be signed "Van Accessible". 28. A shared parking/access agreement with the property owner to the east shall be submitted with the final site plan. Upon approval by the Planning Office, the document must be recorded at the Gallatin County Clerk & Recorder's Office. In the event the document is not acquired, the applicant shall apply for a deviation from Section 18.50.100.C.2.c. "Drive Accesses for AIl Multi-tenant Commercial Buildings" to allow the drive access to be located closer than 15 feet from the adjacent property line and from Section 18.50.110.K "No Parking Permitted in Required Front or Side Yards" to allow the required parking to encroach into the side yard setback. 29. If the parking is shifted to the east property line in order to create bumper to bumper parking with the adjacent property, a 20-foot parking stall length shall be provided as outlined in Section 18.50.110.B "Stall, Aisle and Driveway Design". 30. A comprehensive sign plan, as outlined in Section 18.65.080, shall be submitted with the final site plan. Each tenant shall be required to submit a sign permit application for any proposed extedor signage in accordance with the comprehensive sign plan and Section 18.65 of the City of Bozeman zone code. 31. Per Guideline A. 1. All Corridors, additional landscaping shall be provided within the parking lot totaling at least 10 percent of the parking area. Each planting area should be at least 300 square feet in area and should contain at least one major tree and groundcover. 32. Per Guideline A.2. All Corridors, there must be at least one clearly designated route for pedestrians between the street, the parking area and the main entrance. A raised walkway designated with pavers, scored or pigmented concrete shall be provided from the center-parking aisle to the main entrance to the building. 33. Per Guideline A.3. All Corridors, large retail stores or centers over 7,500 square feet should provide usable outdoor spaces. Therefore, at least two benches shall be provided along the south facing facade. 34. Per Guideline B.6. All Corridors, rooftop mechanical equipment shall be fully screened by incorporating the equipment into the roof form or hidden behind the parapet wall. The landscape plan shall meet the minimum standards set forth in Section 18.49.070 "Landscape Performance Standards". The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, CommissionerYoung _man, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. Break - 8:05 to 8:12 p.m. Mayor Kirchhoff declared a break from 8:05 p.m. to 8:12 p.m., in accordance with Commission policy. Status of transit plannin.q - Zade Morqan, Intern Included in the Commissioners' packets was a memo from Zadoc Morgan, Intern to City Manager Johnson, dated April 29, 2002, requesting formation of a Bozeman Area Transit Advisory Board. 05-06-2002 11 - Intern Zade Morgan stated the purpose of this presentation is to determine if there is sufficient interest to proceed with a transit plan for Bozeman. He noted if there is, the next step should be to direct staff to advertise for members of an advisory board. He indicated that, if the Commission approves this step, the next step would be to appoint a board that would come back in approximately ninety days with a recommendation on what type of transit element is needed in the community and whether or not to proceed with a transit plan. He noted that several current transit providers in the city have indicated a willingness to serve on the board. He concluded by indicating there are several different funding options available for a transit program if it is determined one should be undertaken. City Manager Johnson noted that, if the Commission envisions a transit system that extends beyond municipal boundaries, it must consider whether it wants to enter into a joint responsibility with the County; and that leads to a few complications., Responding to Mayor Kirchhoff, Intem Morgan stated he would serve as staff person for the board, and the board's first task would be to determine if a transit program can be afforded, its magnitude and the extent of possible routes. He cautioned that if state or federal funds are to be sought, the application must be in one year prior to funding. Further responding to Mayor Kirchhoff, City Manager Johnson noted that one of the board's first recommendations could be that an executive director of transit be hired. He stressed that the process will not be fast, and suggested that the initial staffing could be provided through his office. Mayor Kirchhoff stated he is an advocate of transit systems and he feels that the greater Bozeman area should be included. He then indicated he feels an executive director is needed from the beginning, with that director being given direction and the impetus to make it happen. Commissioner Youngman suggested that, alternatively, the Commission consider using the grantwriter in that position. She recognized that individual may not be a specialist on transit, but will know how to write grants and obtain the monies needed to move forward with the program. Commissioner Brown stated that, with the hiring of a transportation director, it would appear the City has committed ahead of time to moving forward with a transit plan before the determination has been made to do so. He then stressed the importance of recognizing from the beginning that this type of program cannot be self-supporting. Responding to Commissioner Cetraro, City Manager Johnson stated the Transportation Coordinating Committee is looking to City staff for recommendations on the formation of a transit committee. Further responding to Commissioner Cetraro, Intern Morgan stated his research has revealed a majority of the transit programs in other communities are funded through the federal transportation appropriations bill, and monies are also available through pollution control initiatives as a mechanism to limit single-occupancy vehicle travel. Mayor Kirchhoff characterized himself as a very strong advocate of a transit system and he accepts the fact that it won't pay its own way. He also indicated support for hiring an executive director as soon as possible to give direction to the board or to at least share in developing that direction. He believes that should be the only task of the director, rather than having the grantwriter assume these additional duties. He then proposed that the initial recommendations be completed by the February 2003 deadline for applications for funding. Commissioner Youngman stated she agrees with a February 2003 deadline unless the Commission receives a recommendation from the board that it is not feasible to pursue mass transit. She noted that the transportation consultant has indicated Bozeman is ready for mass transit ahead of the time originally anticipated. Mr. Brian Close, 406 East Olive Street, noted he is Chair of the GalaVan Board. He noted that County Commission Chair Bill Murdock has voiced support for public transportation and stated that, since federal monies are based on population, a joint venture with the County would be beneficial for funding. He stated that Executive Director of GalaVan Steve Potuzak has a great amount of grantwriting experience, 05-06-2002 12- and volunteered his services. He then noted that GalaVan is completing the development of a five-year plan, with the assistance of consultants; and voiced a willingness to share the results of that plan with the City. He indicated that one of the results of the study might be that GalaVan initiate fixed routes between Bozeman, Belgrade and Four Corners; and GalaVan would apply to Gallatin County for a mill levy similar to the City's to fund the additional costs. He then suggested that, when the City forms its board, it require a certain number of the members to have expertise in the area of public transportation, and asked that GalaVan representation be included. He concluded by inviting the Commissioners to participate in a GalaVan bus dde. Mayor Kirchhoff noted that, in his memo dated Apd129, Intern Morgan has identified eight specific categories to be represented on the board, and suggested that those eight be listed in the advertisement for board members. As a result of this discussion, the Commissioners authorized and directed staff to advertise for applications to a transit advisory board, to be appointed by the Commission and created for a period of ninety days to develop recommendations on whether or not to pursue mass transit, whether or not to hire an executive director or use the grantwdter, and to provide some input on visioning and route planning. Mayor Kirchhoff thanked Intern Morgan for his presentation. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1) Copy of an e-mail from City Manager Johnson forwarding his comments regarding the request to delay sidewalk installation along the Fairgrounds. (2) Copy of an e-mail from Bob Wall, 222 Westridge Drive, regarding recent approval of the floodplain permit for the Chdst the King Lutheran Church property. (3) Letter from the SouthEast Neighborhood Association (SENA), dated April 29, voicing concerns about the proposed fill and potential removal of vegetation along the creek on the Christ the King Lutheran Church property, attached to which was a letter from Ralph Zimmer, 2103 South Tracy Avenue, regarding the permit application. (4) Copy of an e-mail from Ralph Zimmer, 2103 South Tracy Avenue, dated May2, encouraging the Commission to consider alternatives to the floodplain permit that could result in a win/win situation for the community, and a copy of an e-mail from Bob Wall concurring with those suggestions. (5) Letter from the Montana Public Interest Research Group (MontPIRG), dated April 25, regarding a proposal to introduce legislation in the 2003 session to provide glass pulverizers in a glass recycling program. (6) Letter from the Big Sky Retired Educators Association, dated April 26, encouraging the Commission to adopt a clean indoor air ordinance. (7) Invitation to attend an afternoon social to meet candidates for the City Engineer position at 4:00 p.m. on Friday, May 10, in the Commission Room. (8) meetings. Updated listing, dated May 1, of planning projects to be considered at upcoming Commission (9) (10) on May 8. Minutes from the Gallatin City-County Board of Health meeting held on February 28, 2002. Headwaters Recycling Newsletter, announcing that the next meeting will be held in Ennis 05-06-2002 13- (11) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, May 7, at the Manhattan High School. (12) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, May 7, at the Professional Building. (13) Agendas for the Zoning Commission meeting to be held at 7:00 p.m. and the City Planning Board meeting to be held at 7:30 p.m. on Tuesday, May 7, in the Commission Room. (14) City Manager Johnson asked how many Commissioners plan to attend the Gallatin Development Corporation meeting; Mayor Kirchhoff and Commissioner Brown voiced their intent to attend. (15) City Manager Johnson submitted the following. (1) Reminded the Commission that the afternoon session at next week's meeting is devoted to meeting with the County Commission regarding solid waste disposal, with all business items being scheduled during the 7:00 p.m. session. (2) Distributed copies of the registration form for the Bozeman Area Chamber of Commerce summer quarterly membership breakfast to be held at 7:30 a.m. on Wednesday, June 5, at the Wingate Inn and copies of an invitation to attend the Wineglass Mountain Bozeman Chamber Day, beginning at 1:00 p.m. on Saturday, June 8. (16) Planning Director Epple submitted the following. (1) Stated that Scientific Materials has identified a need to expand, and wishes to do so in their current location on Ice Pond Road. He noted that, as a result of this needed expansion, property owner Hugh Reid's interest in developing a business park mixed use development has been rekindled; and a facilitated discussion with the neighborhood has been set for May 16. (2) Stated that, in response to Commission input on the Walton PUD, the developer and his architect have developed a revised proposal and have requested a second informal review before the Commission; the Commissioners concurred, with an abbreviated time limit. (17) At Mayor Kirchhoff's request, the Planning Director provided an update on the Christ the King Lutheran Church property at the intersection of South 3rd Avenue and Kagy Boulevard. He stated that the Church remains the owner of the property. One of the contingencies on sale of the property required applying for a floodplain permit, which has been approved. In a recent telephone conversation, Mr. Bill Ranard from the Church has indicated they have no immediate plans to fill the property and have not authorized anyone else to do so. He concluded by stating that, as owners of the property, the Church has no intent to fill the site until a formal site plan is in the review process. He then stressed that, in addition to the floodplain permit, the applicant must obtain the necessary permits from other agencies for filling of wetlands. Responding to Mayor Kirchhoff the Planning Director indicated this site is different from the former Cupola site, where the applicant received an Army Corps of Engineers 404 permit but ran out of money and, because of thawing ground, could not proceed. Mr. Ralph Zimmer, 2103 South Tracy Avenue, stated he is encouraged by the information submitted by the Planning Director; but it is substantially different from the information that the neighbors have received from Gaston Engineering, the consulting engineer on the project. He noted they have been told that, with the pending new regulations that will limit development in the floodplain area, they have chosen to deviate from the normal procedure of submitting a site development plan prior to fill because of concern that they might not be exempted from the new regulations if they wait. As a result, the consulting engineer indicated they plan to place fill on the site before the new regulations take effect. Mr. Kimerick Hayner, 1 Hill Street, quoted from Section 18.44.130.A. 1. of the Bozeman Municipal Code, which provides that the floodplain administrator, designated as the City Engineer, shall assure all necessary permits have been received from the various government agencies. City Manager Johnson responded that the Commissioners have received a copy of the letter from Project Engineer Bob Murray granting the floodplain permit, and indicating that the applicants are required to verify all permits with the City Engineer. He noted that if a permit is needed, the City requires a letter indicating so. 05-06-2002 14- Mr. Bill Ranard, 3216 Augusta Drive, arrived at the end of this discussion. He indicated that he is the development committee chair but does not sit on the council for Christ the King Lutheran Church. He indicated that the Church has a buy/sell with a developer, with several contingencies attached. One of those contingencies is that the Church obtain a permit to bring the property level above the floodplain, therefore, the Church agreed to apply for the fill permit. He noted the Church feels the fill should be part of a complete site plan approved by the City; however, the Apdl 1 deadline in the contingency put them in a slightly precarious position. He noted, however, the Church has not indicated it will proceed with fill, and the developer won't spend monies with no assurance that he will be able to develop. Mr. Ranard stated the Church has always been concerned about being a good neighbor, and they don't want to see activities on this site "backdoored in any way." He forwarded his position that the City will do the right thing when a well thought out plan is presented for consideration. Planning Director Andy Epple reminded the Commission that when a piece of property is constrained by topography or shape or some other bonafide hardship, an applicant may seek a variance. (18) Commissioner Youngman asked if anyone plans to attend the Community Clinic breakfast tomorrow morning; Mayor Kirchhoff responded that he plans to attend. Adjournment - 9:15 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No, none. ATTEST: ROBIN L. SULLIVAN Clerk of the Commission 05-06-2002