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HomeMy WebLinkAbout2002-04-08 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA April 8, 2002 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, Apdl 8, 2002, at 3:00 p.m. Presentwere Mayor Steve Kirchhoff, Commissioner Marcia Youngman, Commissioner Lee Hietala, Commissioner Jarvis Brown, Commissioner Andrew Cetraro, City Manager Clark Johnson, Director of Public Service Debbie Arkell, 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. Minutes - January 18, 2000, and January 22, March 25 and April 1, 2002 It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the minutes of the meeting of April 1,2002, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, and January 22 and March 25, 2002, to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Acknowled.qe receipt of staff report- annexation of 29.152 acres described as Lot 4A, Minor Subdivision No. 221A (containinq 27.730 acres), and the abandoned Roxi Lane right-of-wayabuttinq the eastern boundary of said tract (containinq 1.422 acres) (school bus barn site on North 27th Avenue, west of Costco) - Bozeman School District No. 7 (A-0002A) Commission Resolution No. 351 $ - intent to annex 29.152 acres described as Lot 4A, Minor Subdivision No. 221A (containing 27.730 acres), and the abandoned Roxi Lane right-of-way abutting the eastern boundary of said tract (containinq 1.422 acres) (school bus barn site on North 27th Avenue, west of Costco); set public hearin.q for May 6, 2002 COMMISSION RESOLUTION NO. 3515 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. Claims It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the 04-08-2002 -2- necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, CommissionerYoungman and Mayor Kirchhoff; those voting No, none. Presentation from Neighborhood Coordinator re Great Falls program Included in the Commissioners' packets was a copy of the chapter from the Great Falls Municipal Code pertaining to the neighborhood councils, along with the class specification for the position of neighborhood council liaison and the job description for the position of community development program specialist. Mr. John Lawton, Great Falls City Manager, stated the idea of neighborhood councils came from the study commission, as part of the city charter, and was approved by the voters. The theory behind those councils is to make the Commission/Manager form of government more directly in touch with the citizens. The provision for neighborhood councils had a four-year sunset and, at the last election, reauthorization for those councils was approved by a 3 to 1 margin. Mr. Lawton stated that when the neighborhood councils were initially approved, the Commission and staff made a conscious decision to make them work successfully. Once that decision was made, they visited various communities with neighborhood councils to identify the strong points and weak points of each program. As a result of obtaining and digesting that information, decisions were made in Great Falls to give the councils a budget and to hire a coordinator who works out of the City's Office of Community Development. He noted that their coordinator's background included serving as a police and fire dispatcher, which let her know what was going on in the community and in the various City departments. He indicated that the budget for this operation is $61,000 per year, including the coordinator's salary and expenses; and she is a member of the senior management team and keeps other departments apprized of emerging issues. Also, they provide orientation after each election, including tours of the City departments and review of the organization, budget and issues. Mr. Lawton noted the councils have dealt with many issues, including neighborhood participation in developing a scaled down park plan and raising monies for park improvements in lieu of the initial proposal to create a special improvement district for more extensive improvements, and community forums on various items. Ms. Kim Thiel, Great Falls Neighborhood Coordinator, stated that when she took this position in November 1997, she was "the pothole policeman," and she quickly identified the need for educating the people. She suggested that the neighborhood councils work better in Great Falls than in many other communities because they were created as a part of the charter and because the members are elected, rather than having councils spring up in areas of the community. She noted that having the councils has resulted in opening communications between neighbors and the City, and it provides a mechanism for educating. She concluded by noting that the neighborhood councils and residents have come to trust her a great deal, and it is critical to maintain that trust. She also noted that the right personality is critical, along with the right attitude, humor and tennis shoes. Responding to Planning Director Epple, Ms. Thiel stated she gets involved in code enforcement activities because people are not sure where to turn. She noted that, because of her past and present work experience, she knows what department an individual many need; and she facilitates that connection. Further responding to Planning Director Epple, Mr. Lawton stated that the boundaries of the nine neighborhood councils are based on the boundaries of the natural neighborhoods and the voting precinct boundaries. Responding to Mayor Kirchhoff, Mr. Lawton stated that no monies are allocated to the neighborhood councils, although the neighborhood coordinator's budget does include some monies to cover items such as printing and postage. Responding to City Manager Johnson, Mr. Lawton confirmed that neighborhood councils were formed in the early 1970s, but they fell of their own weight. He then stressed that councils must be 04-08-2002 3- supported and identified as a top pdority to be successful and that support can be in the form of an office and an employee with a phone. The other key element in successful councils is building and maintaining trust. In response to questions from City Manager Johnson, Mr. Lawton stated he feels facilitating neighborhood disputes is probably the best success of the neighborhood coordinator, citing a parking district around Groat Falls High School as an example. He noted that the councils also provide a good forum for exploring community-wide issues, such as operation of the fairgrounds. Further responding to City Manager Johnson, Mr. Lawton stated disadvantages of allowing neighborhood councils to spring up include an uneven effect, with one neighborhood getting lots of attention and major parts of the community not being rePresented at all. He then indicated that in Great. Falls all nine councils are active, leading to a much more even mechanism for communication. City Manager Johnson turned the discussion to the proposed code enfOrcement program for Bozeman. Assistant City Manager Ron Brey encouraged the Commission to think about the Great Falls program dudng this discussion. Code Enforcement Officer Vicki Hasler stated most of her work is complaint driven, and many of the violators do not even know what is allowed in the code. She cited RVs parked in driveways, fences facing the wrong direction, materials stored in the yard, weeds out of control and sheds or solar panels in the front yard as examples of unknowing violations to the code. She noted another category of cOmplaints generally revolves around bootleg apartments in basements and the attendant life safety issues. She suggested 'that if there were neighborhood councils, the issues could perhaps be resolved at that level, possibly with the assistance of enforcement, rather than being allowed to smolder for a period of time. Mr. Jon Gerster, 719 North Wallace Avenue, noted that people seem hesitant to contact neighbors directly, particularly since such encounters can be awkward and difficult and can result in tension. He stated that an intermediary can help reduce that tension and the potential for retaliation. Ms. Thiel responded to several questions from Planning Director Epple, describing 'a typical work week and issues with which she deals. She then indicated that she does the minutes for the various neighborhood council meetings. Assistant City Manager Brey noted that a year ago, the City was just ending one year of VISTA volunteer assistance in the formation of neighborhood councils and the beginning of an InterNeighborhood Council. In conjunction with that process, staff was hearing that the neighborhoods were not receiving the level of code enforcement they desired. One of the suggestions that arose was a proactive approach to issues through a systematic sweep of the community. The neighborhood councils were chosen as the group to identify what issues are of most concern in the neighborhood, with staff following up by calling attention to the issUes and violations that wOuld be the subject of an area sweep within the next sixty days. Through this program, it was anticipated that the Code Enforcement Officer could move more swiftly through the community, addressing critical issues. The Assistant City Manager cautioned that this approach will work for only certain enforcement issues. He stressed that it will still take six to nine months to process illegal occupancies. He concluded by noting that staff remains poised to implement this program and is simply awaiting the formation of the InterNeighborhood Council. Mr. Gerster noted that one of the things they are struggling with is getting neighborhoods motivated to organize. He indicated those neighborhoods that have begun to organize are generally galvanized around an issue. He voiced his preference for councils that are organized from the grassroots up; however, he questioned how the neighborhoods can be motivated to do so. Responding to queStions from Commissioner Hietala, Mr. Lawton stated that the fOCUS of the neighborhood councils is on residential issues; however, the downtown, hospital and university are encompassed within those councils. 04-08-2002 4- ,Mr. Christopher Nixon, 719 North Wallace Avenue, stated the missing link in Bozeman's program is a paid staff position. CommissionerYoungman suggested the next step is to hold an InterNeighborho°d Council later this month, working.with Assistant City Manager Brey and Code Enforcement Officer Hasler to identify the first neighborhood for a sweep. Mayor Kirchhoff suggested the Council should bring its suggestion back to the Commission for consideration, noting that allocation of staff time for a sweep right now will detract from other issues. A majority of the Commissioners concurred. Discussion - FYI Items (1) Director of Public Service Debbie Arkell stated she has been providing weekly-updates on the solid waste task force; however, no update was provided last week because of the staff being out of town and the Commission meeting being cancelled. She noted that at last week's meeting four sites were kept on the list, including sites with fatal flaws, while some sites with no fatal flaws were eliminated, such as the Wastewater Treatment Plant and Idaho Pole. She stated, due to illness, she was absent from the meeting at which the sites to be scored were selected. She noted that the task force has completed its meetings; however, at least one of the members has voiced concern about the scoring process. She suggested that another meeting be called to bring closure to the process, noting that a majority of the task force members have agreed to attend another meeting if one is called. The Director indicated that a meeting has been tentatively scheduled for Thursday evening at the Holiday Inn. She noted, however, that she wants the meeting to be a structured work session of the task force and not a public meeting. She requested Commission direction on this issue. Responding to questions from Commissioner Brown, Commissioner Hietala stated that no real weight was given to site costs and efficiency factors, which will be important in the ultimate decision. Mayor Kirchhoff voiced his concurrence with Commissioner Brown's assessment that the task force is an advisory body to the Commission. He then noted he sees no harm in holding another meeting on Thursday if the atmosphere is conducive to considering acCurate information. As a result of discussion, the Commissioners concurred that another meeting of the task force should be held on Thursday evening. The meeting is to be open to the public~ but the public should not be given an opportunity to speak. Recess - 5:20 p.m. Mayor Kirchhoff recessed the meeting at 5:20 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings and completing the routine business items. Reconvene - 7:00 p.m. Mayor Kirchhoff reconvened the meeting at 7:00 p.m. for the purpose of conducting the scheduled public hearings and completing the routine business items. Ordinance No. 1562 - establishincj an initial zoninq designation of"R-3-A", Residential--Two-family, Medium-density, on 1.87-acre parcel described as Parcel B, COS No. 2056 (alonQ south side of West Villard Street, east of Greenway Court and west of North Western Drive) Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1562, as approved by the City Attorney, entitled: 04-08-2002 -5- ORDINANCE NO. 1562 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP AND ESTABLISHING AN INITIAL MUNICIPAL ZONING DESIGNATION OF "R-3-A" (RESIDENTIAL--TWO-FAMILY, MEDIUM-DENSITY DISTRICT) ON 1.87 ACRES LOCATED IN THE NEY, OF SECTION 11, T2S, RSE, PMM, GALLATIN COUNTY, MONTANA. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that Ordinance No. 1562, establishing an initial zoning designation of "R-3-A" on a 1.87-acre parcel described as Parcel B, Certificate of Survey No. 2056, be finally adopted. The motion carded by the following.Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. Ordinance No. t560 - amending Chapter 9.32 of the Bozeman Municipal Code to establish administrative procedures for permittin.q open containers in public places, to eliminate conflicts with current procedures and to create a procedure for activities on MSU r)ror)ertv Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1560, as approved by the City Attorney, entitled: ORDINANCE NO. t 560 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY AMENDING TITLE 9, CHAPTER 32, TO ALLOW THE CITY MANAGER TO WAIVE THE PROVISIONS OF THIS CHAPTER IN PUBLIC AREAS, TO ELIMINATE CONFLICTS WITH THE CITY'S CURRENT PROCEDURE AND ADDING SECTION 9.32.020 CREATING A PROCEDURE FOR ACTIVITIES ON MONTANA STATE UNIVERSITY PROPERTY. Included in the Commissioners' packets was a memo from Staff Attorney Patricia Day-Moore, dated April 3, forwarding a revised ordinance for Commission consideration. Staff Attorney Day-Moore stated that her memo inaccurately reflects that a representative of Mothers Against Drunk Drivers (MADD) was present at the citizen group meeting and supports this ordinance; in fact, they do not support the proposed ordinance. She noted that one of the changes suggested in that meeting has been included in the ordinance, and she has forwarded possible language for incorporating some of the other changes in her memo because it is her recommendation they not be included. She stated that concern was raised about the insurance provision and cautioned that many different types of insurance coverage are available. She identified the importance of ensuring the appropriate insurance is provided for these events. She then stressed that this ordinance is a city-wide ordinance, not limited to the downtown area. She concluded by suggesting the other issues raised not be included in the ordinance but that they be included as conditions for a permit if deemed appropriate, cautioning that to include them could result in greater liability for the City and put it at greater risk for lawsuits. Responding to City Manager Johnson, the Staff Attorney stated that there is no clean liquor liability insurance policy; rather, the policies vary significantly with the potential for many different exceptions. She indicated that Buzz. Tadow, attorney, has offered to meet with her and an insurance agent to develop a checklist of items to be included in an insurance policy acceptable to the City. Ms. Shelley Johnson, Alcohol and Drug Services, stated one of their major concerns is preventing underage drinking and DUIs resulting from the proposed changes in this ordinance. She questioned the adoption of this ordinance at a time when others are working toward stricter laws and noted that Governor Martz has appointed a task force to review the negative impacts of alcohol and drugs. Mr. Dave Douglass, Alcohol and Drug Services, stated his opposition to the current revisions, stating they will only result in making law enforcement more reactive to alcohol-related incidents. He 04-08-2002 6- concluded by encouraging the Commission to not adopt this ordinance and, instead, to encourage alcohol- free events. Ms. Cheryl Walter, Communities that Care, encouraged the Commission to not adopt the ordinance, particularly if the proposed changes are not included. She acknowledged that current staff may be willing to add those items as conditions to individual permits but questioned whether successors would be willing to do so. She concluded by encouraging the Commissioners to consider safety aspects. Ms. Betsy Webb, Institute for Public Strategies on Underage Drinking, recognized that the Staff Attorney has done her job by drafting an ordinance that minimizes liability for the City. She noted, however, it is the Commission's responsibility to look out for its citizens and to protect the health and safety of the community. She asked that the Commission either include the additional provisions requested or not adopt the ordinance. She also encouraged the Downtown Bozeman Association to seek other sponsors for music in the streets, noting that it is a good mechanism for drawing people downtown. Mr. Brian Close stated that the Staff Attorney's reluctance to add restrictions because of a fear of additional liability show what a bad idea this is. He noted a case has not been made that open drinking is necessary to make events a success; rather, he characterized this ordinance as the wrong measure at the wrong time for the wrong purpose. He referenced an article in the most recent issue of the Tributary that details underage drinking, stating the last thing that should be encouraged is public drinking or telling kids they have to drink to have fun. Ms. Rebecca Adams, 2305 Rose Street, encouraged the Commission to not adopt this ordinance, stating that more restrictions on underage drinking and drug use are needed. She also encouraged more alcohol-free events in Bozeman. Mr. Jon Gerster, 719 North Wallace Avenue, noted the number of 17 to 20-year-olds arrested for DUI listed on a regular basis in the Municipal Court section of the newspaper. He stressed that every DUI is a potential death or lifelong debilitating injury, and noted there are ways other than booze to get people downtown. He stated that the Northeast Neighborhood Association borders Main Street, and he has witnessed the effect that drinking has on traffic through the area. As a result, he encouraged the Commission to not adopt this ordinance. Ms. Marilyn Tracz, Executive Director of the Downtown Bozeman Partnership, stated her organization's concern is that there is already a lot of drinking in the downtown area, and this proposed ordinance would help control it. She noted that when a group of business owners approached the Downtown Bozeman Association abouthaving music, food and beverages on a side street in the downtown, the DBA supported it because of the success of last year's pilot concert. She stated that this ordinance places responsibility for alcohol in the hands of the permit holder, which should lead to better control than has been available in the past. She concluded by stating that to receive a permit, one must demonstrate how concerns, including enforcement, serving to minors, controlling sales and clean-up, are to be addressed. Ms. Katie Bark, 1705 Willow Way, encouraged the Commissioners to maintain the current ordinance, noting there are plenty of opportunities to have alcohol or food in the downtown area. She voiced concern about opening the door to more alcohol at all events and about monitoring those events. She questioned what benefit the City would receive from this ordinance change and asked the Commission to not adopt it. Mr. Frank Eckes, 2201 Maplewood, stated he has specialized in health insurance over the past 34 years. He encouraged the Commission to vote against this ordinance, cautioning that approving it could result in more consumption and more accidents, leading to increased insurance premiums. Ms. Vicki Luquette, 798 East Baxter Lane, stated she does not see how adoption of this ordinance and relaxing restrictions on consumption of alcoholic beverages will help to address the current underage drinking problem in Bozeman. 04-08-2002 7- 'Ms. Caroline Segal encouraged adoptiOn of this ordinance, noting there are already a significant number of open containers on the street. She stated it is not the City's place to judge whether people can drink responsibly, and suggested this ordinance could provide for better policing of the regulations. Ms. Sarah Walker, Institute for Public Strategies, stated that stricter laws lead to feWer DUIs and encouraged the Commissioners to not adopt this ordinance. Mr. Mike Hope, 322 North 20th Avenue, stated he is proud of being involved in a business that serves food and ddnk in a responsible manner. He noted that the proposed downtown eVents are to start at 6:00 p.m. and end by 9:00 p.m., with the sale of alcoholic beverages to end at 8:30 p.m. He also indicated that beer is to be sold for $2.50 to $3.00 per glass, thus reducing the amount consumed. He stated that steps will be taken to ensure no underage drinking is allowed, and people will not be able to purchase more than one ddnk at a time. Also, they will provide trash receptacles and security. He indicated that the alcohol is to be served under the catedng endorsement for Ferraro's, and he carries $2 million insurance on that business. He stressed that the consumption of alcoholic beverages is not illegal, and it is important to provide positive role modeling. He suggested one possible revision to the ordinance might be to require that only an on-premise license holder be allowed to serve as this type of function. Mr. Christopher Nix°n, 719 North Wallace Avenue, cited a recent incident in Which it was evident the ddnking establishments were not policing the amount of alcohol consumed by a patron. In light of that incident, he questioned whether an outdoor event would be any better controlled. He stated that, after listening to the testimony given by various professionals, he does not believe adoption of this ordinance would be appropriate. Ms..Linda Hill, MADD, voiced her preference for showing the community and children that people can have fun without ddnking alcoholic beverages. She noted that the problems from drinking are documented, and stated that 1/3 of the DUIs in Bozeman involve MSU students. She concluded by encouraging the Commissioners to not adopt this ordinance. Mr. Trent Colt, Adolescent Resource Center, stated that, although he would enjoy going to the music events, he does not want to go to an event where his four children are exposed to public drinking. He asked the Commission to help those who are responsible parents and community members by not adopting this ordinance, thereby helping the community realize that one can have a good time without drinking. He concluded by noting the negative effects of ddnking are not limited to accidents; they extend to other issues such as missed classes, vandalism, suicide, rape and other violent crimes. Mr. Robert Larson, DUI Task FOrce, stated he has checked with law enforcement agencies and DUI task forces in other communities. In Helena, he noted they allow only a few special events that include drinking on public streets, and the organization is required to pay for overtime police officers. In Missoula, drinking is allowed in specific situations if adequate insurance is provided, with. the requirements being $750,000 per occurrence and $1.5 million aggregate. He forwarded the Task Force's recommendation that two overtime police officers patrol the areas north and south of Main Street during and after these events, with two patrolling the closed off areas for minors in possession and to curb diSturbances.. Mr. Buzz Tarlow, attorney and member of the board for MADD, stressed the compleXity of alcohol liability coverage and stated that, unless the City is willing to give detailed review to eachinsurance policy, the likelihood of under-insurance is great. He voiced his strong opposition to the ordinance and to the discretionary language included in Section C on Page 2. He concluded by encouraging the.Commission to not adopt this ordinance. Mrs. Jean Bucher, Boys and Gids Club, stated they are in the business of prevention, and she is concerned about giving kids the message that drinking in public is acceptable. She noted that an even bigger issue is the liability and concluded by asking the Commission to think of the children and families in the community. Mr. Michael BUcher, Boys and Girls Club, stated the community needs more role models at events without alcohol. He stressed the importance of helping children by showing them .the way, through public events that do not include the consumption of alcoholic beverages. 04-08-2002 -8- Staff Attorney Day-Moore responded to the questions and issues raised, reiterating her recommendations that the issues contained in her memo not be incorporated into the ordinance. She indicated that, if the Commission wishes, it could add language in Section 9.32.015. B., that reads "7. A copy of liability insurance in the amount of not less than $1 million per occurrence andi$2 million aggregate naming the City as additional insured which will be in effect at the time of the event." City Attorney Luwe su, ggested that the sentence "Said insurance must be_satisfactory to the City."' be added at the end of that section. Commissioner Cetraro voiced support for the ordinance, noting that the City has the authority to revoke the permit at any time. CommissionerYoungman stated she has complete confidence in the downtown's ability to run a safe event; however, she is uncomfortable with adopting this ordinance in light of the testimony received from the' drug and alcohol professionals. She noted that its adoption would be setting a public policy standard that applies to the whole community and would be a step in the wrong direction. .. Commissioner Brown stated that, while he voted eadier to further pursue adOption of this ordinance, he cannot support its adoption. He noted that the ordinance, as written, does not pertain to one-block parties in the downtown on Thursday nights during the summer; it pertains to the entire community. Commissioner Hietala voiced his disappointment that this ordinance is not limited to the summer and to the downtown. He proposed that the Commission .consider amending it to add those restrictions and to establish a limit of one drink, per individual. Staff Attorney Day-Moore reiterated her caution that, the more restrictions added, the greater the City's liability. Mayor Kirchhoff stated that, given the concems and unanswered questions that have been raised, he cannot support adoption of this ordinance. commissioner Cetraro reiterated his support for the ordinance, characterizing it as pro-business, particularly when considered in light of the limited times involved in the original request, Commissioner Youngman suggested that if those who have spoken on this issue would become boosters of an event with food and non-alcoholic ddnks, she feels the result coUld be pro-business and pro- downtown as well as family oriented. It was moved by Commissioner Cetraro, seconded by Commissioner Hietala, that Ordinance No. 1560, to establish'administrative procedures for permitting open containers in public places, to eliminate conflicts with current procedures and to create a procedure for activities on MSU property, be finally adopted. The motion failed by the following Aye and No vote: those' voting Aye being Commissioner Cetraro and Commissioner Hietala; those voting No being Commissioner Youngman, Commissioner Brown and Mayor Kirchhoff. Break - 8:31 to 8:44 p.m. Mayor Kirchhoff declared a break from 8:31 policy. p.m. to 8:44 p.m., in accordance with Commission Ordinance No. 1560 (continued) - amendin.q Chapter 9.32 of the Bozeman Municipal Code to establish administrative procedures for permitting open containers in public places, to eliminate conflicts with current procedures and to create a procedure for activities on MSU property Staff Attorney Day-Moore suggested that, if the Commission wishes to consider an ordinance that includes restrictions on location and time, Section 9.32.015.A., could be revised to include the sentence: "From June 1 to August 31 annually, the City Manager may grant a waiver in the form of a permit for 04-08-2002 -9- activities occurring in the downtown area between Church and Grand Avenues and between Mendenhall and Babcock Streets." She also suggested that No. 7 be added to Part B if this restriction is to be added. It was moved by Commissioner Cetraro, seconded by Commissioner Hietala, that Ordinance No. 1560, as revised to restrict waiving of the open container ordinance to June 1 'to August 31 annually and to restrict the location of such waivers to the downtown area per the language forwarded by Staff Attorney Day-Moore, be finally adopted. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Cetraro and Commissioner Hietala; those voting No being Commissioner Youngman, Commissioner Brown and Mayor Kirchhoff. Public hearinq - intent to annex 74.26+ acres in the NI/, 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 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.LC. for 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 opened the public hearing. Included in the Commissioners' packets was a letter from Holly B~own, attorney representing the applicant, requesting this public hearing be continued to April 22. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the public hearing on this requested annexation be continued to the April 22 meeting, 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 - Zone Map Amendment - establish initial municipal zoning designation of "R-2A" on .74.26+ acres in the N% 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 headng on the Zone Map Amendment requested by Mahar Montana Homes, L.L.C., for 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 I1., and north of Sacajawea Middle School. Mayor Kirchhoff opened the public hearing. .04-08-2002 -10- included in the Commissioners' packets was a letter from Holly Brown, attorney representing the applicant, requesting this public hearing be continued to April 22. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the public hearing on this requested zone map amendment be continued to the April 22 meeting, 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, CommissionerYoungman and Mayor Kirchhoff; those voting NO, none. Request for modification of Condition No. 18'for Valley West PUD preliminary Dian and Condition No. $ for Valley West PUD preliminary plat to allow two temporary signs containinq a maximumof _32 square feet each durinq construction in the Valley West Subdivision; and modification of conditions of approval for Valley West PUD preliminary plat to all'ow a zero lot line between two duplex, lots to' allow for construction of what would, in appearance, be a f0ur-plex unit Included. in the Commissioners' packets was a memo from Assistant Planner Karin caroline, dated March 26, forwarding the request for modifications to the conditions for the preliminary plat and preliminary plan for the Valley:West Planned Unit Development. Assistant Planner Karin Caroline noted that the applicant is seeking two modificatiOns to the previous approval for the Valley West Planned Unit Development. Under the first modification, the applicant is asking that the buildings on the duplex lots at the ends of the blocks be constructed on a zero lot line. This will allow for the connecting of two duplexes in an "L" shape along the two street frontages, with a rear courtyard area. The staff has reviewed this request and supports the change, based on the overall design of the subdivision. The second modification pertains to the restriction on the number of temporary signs allowed during construction within the subdivision. Under the initial approval, one temporary sign is allowed; and the applicant is requesting that two signs be allowed because of the extent of Phase I and the different types of development occurring within it. She indicated that staff is also supportive of this modification. She concluded by noting that, if the Commission approves these modifications, it should be with the condition that this item is subject to legal review to ensure that the notice requirements have been adequately met. Responding to Commissioner Brown, Mr.' Rob Pertzborn, architect representing the applicant, indicated there will be.firewalls separating the living units. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the Commission approve the request for modification of Condition No. 18 forValley West PUD preliminary plan and Condition No. 5 for Valley West PUD preliminary plat to allow two temporary signs containing a maximum of 32 square feet each during construction in the Valley West Subdivision; and modification of conditions of approval fOr Valley West PUD preliminary plat to allow a zero lot line between two duplex lots to allow for construction of what would, in appearance, be a four~plex unit, subject to legal review and determination that the notice and processing requirements for these modifications have been met. The motion carried by the following Aye and No .vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, Commissioner Youngman, CommiSsioner Hietala and Mayor Kirchhoff; those voting No, none. Public hearinq - preliminary plat for minor subdivision - subdivide 19.6 acres described as Tract 1, COS No. 1846, into $ commercial lots - 360 Ranch Corporation and R&D Holdin(~ (northeast corner of Huffine Lane and Cottonwood Road) (P-02007) This was the time and place set for the public hearing on the preliminary plat for a minor subdivision requested by 360 Ranch Corporation and R&D Holding under Application No. P-02007 to subdivide 19.6 acres described as Tract 1, Certificate of Survey No. 1846., into five commercial lots. The subject property is located along the east side of Cottonwood Road between Huffine Lane and West Babcock Street. MayOr Kirchoff opened the public hearing. Assistant Planner Karin Caroline presented the staff report. She stated that under this application, the subject property would be divided into five lots for commercial development, with two lots being zoned 04-08-2002 -11 - "BP", Business Park, two being zoned "R-O", Residential-Office, and one being zoned "B-I", Neighborhood Service. 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 noted that the Planning Board considered this application at its meeting held on March 19 and has forwarded its recommendation for approval, subject to 24 conditions. She stated, however, that Condition No. 10 in the resolution does not reflect the language in the recitals and needs to be modified. Mr. Tom Henesh, consulting engineer rePresenting the applicant, reviewed some of the recommended conditions of approval. He noted that Condition No. 2 prohibits access onto West Babcock Street from Lot No. 1. He stated this lot has 283 feet of frontage along West Babcock Street, and asked that the Commission consider amending that condition to allow right in/right out only access for this lot. He noted that accesses to this subdivision are to be very limited, with joint accesses for Lots 4 and 5 and Lots 1 and 2, and a single access for Lot 3. He suggested that having an additional access could improve traffic circulation within the subdivision without impacting public safety on the adjacent street. He asked for similar revisions to Condition No. 7, to allow another access for Lot 2 from West Fallon Street. He concluded by voicing concurrence with the revisions to Condition No. 10 that were recommended by the Planning Board. Responding to Mayor Kirchhoff, Mr. Henesh stated these access requests were not discussed at the Planning Board meeting because he did not raise the issue at that meeting. Further responding to the Mayor, Planning Director Epple stated the Development Review Committee did not recommend approval Of access onto West Babcock Street, although access onto West Fallon Street would be acceptable. Mr. Henesh proposed that Conditibn Nos. 13 and 14 be combined, and that the condition be'revised to require a waiver of dght to protest the creation of a special improvement district, cautioning that the condition as currently proposed could result in each developer trying to 'out-wait the others on the installation of those improvements. Responding to Commissioner Cetraro, Planning Director Epple indicated it is difficult for staff to respond when new issues are raised during the Commission's public hearing on an application. He suggested that, if the Commission wishes to consider any of the requested changes, an extension of the time be'requested and the decision delayed so staff can review and respond to them. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. Itwas moved by commissioner Cetraro, seconded by Commissioner Youngman, that the preliminary plat for a minor subdivision requested by 360 Ranch Corporation and R&D Holding under Application No. P-02007 to subdivide 19.6 acres described as Tract 1, Certificate of Survey No. 1846, into five commercial lots be approved, subject to the following conditions: The final plat shall contain a note prohibiting direct access onto Huffine Lane from proposed Lot No. 5. The final plat shall contain a note prohibiting direct access onto West Babcock Street from proposed Lot No.. 1. As required with the Valley West Planned Unit Development, there shall be a 35-foot watercourse setback from Baxter Ditch, which shall be delineated on the final plat. Baxter Ditch shall be located within a 30-foot ditch maintenance easement. If, in the course of the proposed development any historical sites, bones,, artifacts, etc., are Uncovered, the City's Historic Preservation Planner shall be notified immediately. A reconnaissance survey shall be conducted and results submitted to the Planning Department with final plat submittal. 5. All future commercial development structures shall be sprinklered. 04-08-2002 o · o 10. 11. 12. 13. 14. Water dghts, or cash-in-lieu the~'eof, shall be provided and paid for prior t.o final plat approval. If the final plat of the subdivision is filed in phases, water r;ights will only be required for each phase as the final plat for that phase is filed. The amount of water rights required will be determined by the Director of Public Service based on the proposed final plat(s). Lot Nos. 1 and 2, and Lot Nos. 4 and 5 shall utilize a shared access Centered on the common lot line. These will be the only accesses allowed to Cottonwood Road for these lots. Easements for the shared access shall be dedicated on the face of the final plat. A One-foot no access strip shall be shown on the final plat along the entire Cottonwood Road frontage for Lot 3, and the entire West BabcoCk Street frontage -of Lot 1. The required dght of way dedication for Cottonwood Road is 60 feet and shall be shown correctly on the final plat. That the applicant shall provide and file with the Gallatin CountY' Clerk and Recorder's Office an executed waiver of right to protest creation of an SID for street improvements to the east half of Cottonwood Road, extending from Huffine Lane to West Babcock Street. Sewer and water services or mains, sized appropriately for the lots, and fire hydrants in locations approved-by the Fire Department, shall be installed prior to constructing the street. . The portion of Baxter Ditch within the right-of-way shall be relocated onto the lots with the appropriate easements shown on the final plat. 'Pursuant to Section 18.54.060.B.3.v.C. of the Bozeman zone code and Section16.18.050.D.7.d.3. of the Bozeman Area Subdivision Regulations, under no conditions will less than level of service "D" be acceptable. The'applicant shall provide plans, acceptable to the Director of Public Service .and the Montana Department of Transportation, that will bring the level of service of the Cottonwood Road/Huffine Lane intersection up to a minimum level of service of "D". The level of service with the mitigating measures in place will be certified by the applicants engineer to the city. No construction shall begin until such time as the plans for these upgrades are apprOved and further, no building permits will be approved until the upgrades have been completed. A warrant analysis was completed for the Baxter Creek Subdivision for the interseCtion of Cottonwood Road and Huffine Lane. MDoT has determined that although warrants are met, the signal may not be justified. The applicant shall update the warrant analysis to include the impacts generated by future development within this subdivision. If MDoT determines a signal is warranted and juStified, the signal shall be completed an~l operational prior to final plat approval. As an alternative, the final plat may be approved if the signal is financially guaranteed in an amount of 150 percent of the estimated cost of the entim signalization, but under no circumstance will building permits be issued until the signal is in place, If a signal is not warranted or justified at this time, the applicant shall file with the Clerk and Recorder's Office an executed waiver of right to protest creation of an SID for the signalization. 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. 04-08-2002 -13- 15. 16. 17. 18. '19. 20. Additionally, if the signal is not warranted, 20 percent of one and one-half times the estimated cost of a signal shall be financially guaranteed by the developer until such time as the lawsuit on impact fees is resolved. If the currently scheduled value of impact fees are determined to be enforceable, the financial guarantee shall be released. 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. Connection to the Valley West 8-inch sanitary sewer and 12-inch water main extension .in Cottonwood Road to provide service to these proposed lots will be reviewed by the Water/Sewer Department. 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. Stormwater ponds for runoff generated by the subdivision (e.g., general lot runoff, public or private streets, common open space, parks, etc.) shall not be located on easements within privately owned lots. While the runoff from the individual lots will be dependent on the intensity of use on · each lot, the maximum sizing of the stormwater 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. 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 04-08-2002 approval. N° building permits will be issued until completion and acceptanc, e of all infrastructure improvements. 21. The location of existing water and sewer mains shall be properly, depiCted. Proposed main extensions shall be noted as proposed 22. The Montana Fish, Wildlife and Parks, Soil Conservation Service (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. ' 23. Regarding ditch relocation, Montana Fish, Wildlife and Parks shall be contacted by the applicant regarding the proposed relocation and any required permits (i.e:, 310, 404, turbidity exemption, etc.) shall be obtained pdor to final plat approval. The applicant shall ~3btain written permission from the ditch owner for the proposed relocation. 24. In addition to current city standar~ls, 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: 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; bo Indirect light: Direct light that has been reflected or has scattered off of other surfaces; Glare: Light emittiog from'a luminaire with an intensity gmat enough to reduce a viewer's ability to see, and in extreme cases, causing momentary blindness; and 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 motion carded 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. Continued public hearinc~ - ~reliminary plat for Lowe's'Subdivision - subdivide 40 acres described as Tract lA, COS No. 121 SA, and Tracts A and B, COS No. 121 SC, into 5 commercial lots - Morrison- Maierle, Inc., for Philip Saccoccia, Jr. (east of North 19th Avenue between Baxter Lane and Tschache Lane) ' (P-()2009) This was the time and place set for the continued public hearing on the preliminary.plat for Lowe's Subdivision, as requested by Morrison-Maiede, Inc., for Philip Saccoccia, Jr.., under Application No. P-02009, to subdivide 40 acres described as Tract lA, Certificate of Survey No. 1215A, and Tracts A and B, Certificate of Survey No. 1215C, into 5 commercial lots. The subject property is located east of North 19th Avenue between Baxter Lane and Tschache Lane. Mayor Kirchoff reopened the continued public hearing. 04-08-2002 .Assistant Planner Jami Morris presented the staff report. She noted that under this application, the subject property is to be subdivided, into five lots for commercial development under the planned unit development that was approved on March 25, She stated that the Walton Stream/Ditch runs through the southeast comer of this property, and adequate setbacks are to be provided and, potentially, a trail extension. She indicated that the applicant is to provide easements for the needed rights-of-way for Baxter Lane and Tschache Lane in conjunction with this subdivision. 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, noting staff recommended approval subject to several conditions. She noted that, following its review of this application and the staff findings at its meeting on April 2, the Planning Board concurred in staff's fi.ndings. Mr. Bob Lee, Morrison-Maierle, stated his concurrence with the staff .report and encouraged approval of this application. No one was present to speak in opposition to the preliminary plat. Since there were no Commissioner objections, Mayor Kirchhoff closed the public headng. Itwas moved by CommissionerYoungman, seconded by Commissioner Hietala, that the preliminary plat for .Lowe's Subdivision, as requested by Morrison-Maierle, Inc., for Philip Saccoccia, Jr., under Application No. P-02009, to subdivide 40 acres described as Tract lA, Certificate of Survey No. 1215A, and Tracts A and B, Certificate of Survey No. 121'5C, into 5 commercial lots be approved subject to the following conditions: Prior to final 'plat approval, a Memorandum of Understanding shall be entered into by the Weed Control District and the subdivider for the control of county declared noxious weeds and a copy shall be provided to the Planning Department. The final plat shall delineate the 35-foot wide stream/ditch setback and any related jurisdictional wetlands and floodplain boundaries. A 10-foot wide public access easement shall be provided and noted accordingly on the final plat, for the public trail that parallels the west side of Walton. Stream/Ditch. A 12-foot Wide public access easement shall be noted accordingly on the final plat for the pedestrian corridor along Tschache Lane.. All detention pond facilities shall be identified as "Common Areas" to be owned and maintained by the Property Owner's Association. An easement for the stormwater detention pond shall be noted accordingly on the final plat and in the covenants. The covenants shall be recorded with the final plat which specifically includes the provisions from Section 16.34.030 and the following: ao The applicant shall provide seven bound copies of the covenants and developmental guidelines that includes a table of contents and page numbers. The reference to outparcel numbers in the covenants and developmental guidelines shall be eliminated and replaced with lot numbers or building letters. Co Section 3.4 "Use Restrictions" of the covenants shall state that the permitted uses shall be those allowed in the "B-2", Community Business, and "M-I", Light Manufacturing, Districts. The following uses shall be removed from the list of permitted uses for the development: truck stop, flea market and dry cleaning plant. 04-08-2002 -16- o 10. 11. 12. 13. 14. do Section 3.6"Outparcel Development" shall requiretotal screening of all ground and rooftop mechanical equipment from all sides. Rooftop mechanical equipment shall be incorporated into the roof form and ground mounted mechanical equipment shall be sCreened with walls or fences. The City of Bozeman shall be third party to any changes, or modifications made to the restrictive covenants and developmental guidelines as they relate to any zoning and/or planning bylaws. A maintenance plan shall be provided in the covenants that addresses the maintenance, upkeep and repair of all applicable open space, landscaping within the required yard setbacks,-interior street lighting, open space areas, landscaping, trail 'corridor, pedestrian facilities, snow removal and stormwater facilities by the property owner's association. The applicant shall' submit, to the Planning Office, revised covenants, restrictions and articles of incorporation and deVelopmental guidelines at least thirty (30) days prior to submitting an application for final' plat. The covenants and developmental guidelines shall be recorded with the Gallatin County Clerk and Recorder's Office with the final subdivision plat. One half of the required 90-foot right-of-way for Baxter Lane shall be dedicated on the final plat. Baxter Lane shall be improved from the eastern boundary of this subdivision to North 19th Avenue. The road shall be improved to a three-lane collector standard as shown in the GreaterBozeman Area Transportation Plan 2001 Update. Tschache Lane shall be constructed to the eastern'boundary of the subdivision. This property is included in a payback for additional design work related to the signal at North 19th Avenue and Baxter Lane. The applicant shall make the required payback prior to filing the final plat. The traffic impact analysis submitted for the project shall be approved by'City Engineering and the Montana Department of Transportation. All improvements needed to provide adequate level of service for the analyzed intersections must be installed with the project. Based on the analysis, improvements to-the intersections of Tschache and 19th, and Baxter and 19th are required for this project. If the project is not approved for concurrent construction by the City Commission under ordinance 1532, no building permits shall be issued until all on-site and off-site public infrastructure improvements are installed and accepted by the City of Bozeman, If the project is approved for concurrent construction by the City Commission under' ordinance 1532, all conditions of the ordinance shall be met by the applicant. No building permits will be issued in this case until plans and specifications'for all on- site and off-site infrastructure improvements have been approved for construction by the appropdate governing body. No occupancy permit shall be issued until all said improvements have been installed and accepted. The 12-inch ductile iron water main in Tschache Lane shall be labeled on the final plat. De~d end water mains shall not exceed 500 feet in length. Stormwater Master Plan: 04-08-2002 -17- 15. 16. 17. 18. 19. 20. A Stormwater Master Plan for the subdiviSion for a system designed t° 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. While the runoff from the individual lots will be dependent on the intensity of use on each lot, the maximum sizing of the stormwater 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 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. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless the project is approved for concurrent construction under Ordinance 1532 by the City Commission. 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. The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted as proposed. 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. Easements for the water and sewer main extensions shall be a minimum of 30 feet in width, with the utility located in the center of the easement. In no case shall the utility be less than 10 feet from the edge of easement. The final plat shall note a minimum twenty (20) foot wide utility easement 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 lots or other proposed easements and that the utility easements along the side property lines are not necessary. .04-08-2002 -18- 21. Project. phasing shall be cleady defined including installation of infrastructure. 22. The final plat shall contain a notation stating that the development of each phase of the subdivision will not interfere with any agricultural water user facility or irrigation ditches for downstream water user rights, and that it also be noted accordingly in the by-laws and protective covenants for the property owners association. 23. 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 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 pdnts. 24. Conditional approval of the preliminary plat shall be in force for not more than three calendar years, as provided by State statute. Pdor to that expiration date, the developer may submit a letter of request, for a one-year extension of the approval period, to the Planning Director for the City Commission's consideration. 25. If it is the developer's intent to file the plat prior to the completion of all required improvements (with the exception of water and sewer infrastructure), 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 secudty equal to 150 percent of the cost of the remaining improvements. 26. A written narrative explaining how each condition of approval has been met shall be provided with the final plat submittal. 27. A payback district may be established for the Baxter Lane Trunk Sewer Main. If the payback is established prior to connection to the existing main, the developer shall make full payment of his prorata share as defined in the payback agreement. The motion carried by the following Aye and No vote: those voting Aye being commissione~ Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Discussion - FYI Items (continued) The following "For Your Information" items were forwarded to the Commission. (2) Letter from Shawn Hancock, dated March 5, regarding Home Depot. (3) Letter from the Gallatin County Fairgrounds, dated March 21, asking for an extension on installation of the sidewalk along Tamarack Street. Commissioner Brown stated he feels this is a legitimate concern and asked for information on what the financial impact would be and what the length of frontage is. Mayor Kirchhoff asked i.f the County is responsible for paying the costs of the sidewalk installation; Commissioner Brown responded that the fairgrounds budget will bear the costs. Mayor Kirchhoff asked that staff bdng back information in two weeks, including the estimated cost and policies followed in the past regarding this type of request. 04-08-2002 (4) Letter from Joyce Lee, 2101 Fairway Ddve, dated March 21, regarding individual property rights. (5) Letter from Jane Davis dated March 22 forwarding the letter to the editor entitled Relaxed restrictions on public drinking bad idea. (6) CopY of a letter from Director of Public Service Debbie Arkell, dated March 27, forwarding her comments on vadous alternative lighting fixtures. (7) Information on the negatives of'allowing drinking in public, forwarded by Betsy Webb. (8) Letter from Hallie Rugheimer, dated Apdl 1, thanking the Commission for creating the task force to look at locations for the transfer station. (9) Letter from Bob and Sharon Mcllhattan, dated March 28, Voicing concern about proposed rerouting of truck traffic from Story Mill Road to Manley and· Mcllhattan Roads to gain access to the landfill. (10) Letter from t~e Garry Spitzer and Gayle Hokanson, dated March21, asking that the transfer station be located away from residential neighborhoods. (11) Copy 'of the April 1 updated listing of planning projects to be considered at upcoming Commission meetings. (12) Invitation to attend the· hearing on the statewide coalbed methane ElS, 'to be held at the Holiday Inn on Tuesday, April 9. (13) Copy of a br(~chure on the "Reinventing Historic DowntoWns'' conference to be held in Butte on April 11 and 12. (14) Agenda for the Planning Board meeting which was held at 7:0.0 p.m. and the Zoning Commission meeting which was held at 7:30 p.m. on Tuesday, April 2, in the Commission Room. (15) Agenda for the School District-Board meetingwhich was held on Wednesday, April 3, at the VVillson School. (16) the Library. Agenda for the Open Lands Board meeting to be held at 7:00 p.m. on Monday, April 8, at (17) Agendas for the County Commission meeting which was held on Tuesday, April 2, and the meeting to be held at 9:00 a.m. on Tuesday, Apdl 9, at the Fairgrounds. (18) Agendas for the Development Review Committee meeting which was heldon Tuesday, April 2, and the meeting to be held at 10:00 a.m. on T. uesday, April 9, at the Professional Building. (19) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, April 9, at the Professional Building. (20) Agenda for the County Planning Board meeting to be held at 6:30 p.m. on Tuesday, April 9, in the Commission Room. (21) Newsletter from Headwaters Recycling announcing that the next meeting is to be held on April 10 at Wheat Montana. (22) Commissioner Brown announced that he will be absent from next week's meeting. (23) City Attorney Luwe stated that several Commissioners have asked for a presentation on quasi-judicial versus legislative actions, and that has been tentatively sCheduled for the April 29 meeting. 04-08-2002 - 20.- (24) Director of Public Service Debbie Arkell announced that Engineering Assistant Andy Kerr has scheduled a meeting at 7:00 p.m. on Wednesday, April 24, at the Emily Dickinson School to discuss traffic calming devices for the West Park Manor Subdivisions. She noted that the traffic calming devices at the intersection of North 20th Avenue and West Beall Street seem to work quite well, except that they make it difficult for delivery traffic to access Town and Country Grocers; and big chunks of the median have been broken out as a result, (25) Commissioner Youngman noted that the Commissioners have been invited to participate in a train ride on Fdday, April 26. She and Commissioner Brown were the only two Commissioners who indicated their intent to do so. (26) Commissioner Youngman distributed a blankform for listing the pros and cons °fthe various options for addressing big box stores identified by the Commission. She asked that the Commissioners provide feedback on these items so she can prepare information to be submitted to the task force at their first meeting on Wednesday night. (27) Commissioner Youngman asked if the Commissioners plan to participate in Clean Up Bozeman on Saturday, April 20, by cleaning around City Hall. Some of the Commissioners indicated an intent to participate. Adjournment - 9:41 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Brown, seconded by Commissioner Youngman, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Youngman, Commissioner Hietala, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. ATTEST: ROBIN L. SULLIVAN Clerk of the Commission 04-08-2002