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HomeMy WebLinkAbout2002-02-19 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA February 19, 2002 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Tuesday, February 19, 2002, at 7:00 p.m. Present were 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 14, January 22, February 4, February 7, February 8 and February 11, 2002 It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the minutes of the meetings of February 4, February 7 and February 11,2002, 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 14, January 22, and February 8, 2002 to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Authorize City Manager to sign - Annexation Agreement with Gary and Dorothy Butcher; Frank and Dora Harrington; and Daryl Todd, Richard Davis and David Davis - annexinq 18.7 acres lying along the north side of West Babcock Street, east of Valley Drive Commission Resolution No. 3505 - annexing 18.7 acres lying along the north side of West Babcock Street, east of Valley Drive (Gary and Dorothy Butcher; Frank and Dora Harrington; and Daryl Todd, Richard Davis and David Davis) COMMISSION RESOLUTION NO. 3505 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF A CERTAIN CONTIGUOUS TRACT OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT. Authorize City Manager to sign - Acceptance of Public Street Easement from Gary and Dorothy Butcher - 32~,~ -foot-wide easement across south end of Tract 2, COS No. 2276 for West Babcock Street Authorize City Manager to sign - Acceptance of Public Street Easement from Frank R. Harrington Trust and Dora B. Harrington Trust - 45-foot-wide easement across south end of Film 143, Page 1045 for West Babcock Street 02-19-2002 -2- Authorize City Manager to sign - Acceptance of Public Street Easement from Harrington's, Inc. - 45-foot-wide easement across south end of Doc. #2009278 for West Babcock Street Authorize City Manager to sign - Acceptance of Public Street Easement from Daryl D. Todd, Richard K. Davis and David W. Davis - 45-foot-wide easement across south end of Film 146, Page 1827, for West Babcock Street Commission Resolution No. 3511 - intent to discontinue and vacate those portions of North 5th Avenue and Baxter Lane generally located between the north riqht- of-way line of West Oak Street and the east right-of-way line of North 7th Avenue; set public hearing for March 11, 2002 COMMISSION RESOLUTION NO. 3511 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO DISCONTINUE AND VACATE THOSE PORTIONS OF NORTH 5TH AVENUE AND BAXTER LANE GENERALLY LOCATED BETWEEN THE NORTH RIGHT-OF-WAY LINE OF WEST OAK STREET AND THE EAST RIGHT-OF-WAY LINE OF NORTH 7TH AVENUE IN THE CITY OF BOZEMAN, MONTANA. Authorize City Manager to sign - Professional Services Agreement with Resource Technologies, Inc., Bozeman, Montana - development and implementation of a voluntary clean-up plan for the future Bozeman Public Library site Authorize City Manager to sign - Release and Reconveyance of Easement 'to Owenhouse Hardware Company - utility easement across a vacated portion of North Ida Avenue adjacent to Lot 22A, Amended Plat C-23-A13, Block 32, Northern Pacific Addition Authorize City Manager to siqn - Acceptance of Public Alley Easement - Owenhouse Hardware Company - perpetual alley and utility easement for a portion of alley riqht-of-way adjacent to Lot 22A, Amended Plat C-23-A13, Block 32, Northern Pacific Addition Award Award bid - use of force training simulator for Police Department - Advanced Interactive Systems, Seattle, Washincjton - in the bid amount of $128,644.00 bid - addition to landfill building - Cleary Buildin.q Corporation, Columbus, Montana - in the bid amount of $54,793.00 Claims It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. Consideration of request for $300 sponsorship for the service learning seminar to be held at MSU on March 25 Mayor Kirchhoff noted that, at last week's meeting, some of the Commissioners requested additional time to consider this request for funding. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the Commission approve the request from the MSU Office for Community Involvement for a $300 sponsorship fee for the service learning seminar to be held from 10:00 a.m. to 5:00 p.m. on Monday, March 25, at the Strand Union 02-19-2002 -3- Building. 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 hearing - Preliminary plat for Northern Rockies Subdivision PUD - amend Condition Nos. 9 and 18 and allow relaxation of Chapter 16.16.070 to permit concurrent installation of infrastructure improvements and construction of a specific project - southeast corner of intersection of Highland Boulevard and Ellis Street (P-0047A) This was the time and place set for the public hearing on the preliminary plat for Northern Rockies Subdivision Planned Unit Development, as requested by Bayliss Architects for Gary F. Lusin, LLC, and Campbell, LLC, under Application No. P-0047A, to amend Condition Nos. 9 and 18 of the previous approval and allow relaxation of Chapter 16.16.070 of the Subdivision Regulations to permit the concurrent installation of infrastructure improvements and the construction of a specific project. The subject property is located at the southeast corner of the intersection of Highland Boulevard and Ellis Street. Mayor Kirchhoff opened the public hearing. Assistant Planner Jami Morris presented the staff report. She noted that this application is to amend the conditions of the previously approved preliminary plat for the Northern Rockies Subdivision PUD to allow for concurrent construction of infrastructure improvements and construction of a building within the subdivision. She noted that most of the infrastructure improvements have been completed, with improvements to Ellis Street and Highland Boulevard remaining. She indicated that staff has reviewed this application in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. She concluded by forwarding staff's recommendation for approval, subject to two conditions based on code requirements. Dr. John Campbell, applicant, noted that they are ready to begin construction of the building, but cannot complete the road improvements at this time; thus, they are seeking this modification to the conditions of approval. He indicated his concurrence with the staff report and voiced a willingness to respond to questions. No one was present to speak in opposition to the requested modifications. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the Commission approve the preliminary plat for Northern Rockies Subdivision Planned Unit Development, as requested by Bayliss Architects for Gary F. Lusin, LLC, and Campbell, LLC, under Application No. P-0047A, to amend Condition Nos. 9 and 18 of the previous approval and allow relaxation of Chapter 16.16.070 of the Subdivision Regulations to permit the concurrent installation of infrastructure improvements and the construction of a specific project, subject to the following conditions: The property owner shall provide and maintain fire hazard and liability insurance which shall name the City as an additional insured and such issuance shall not be cancelled without at least 45 days prior notice to the City. The property owner shall furnish evidence, satisfactory to the City, of all such policies and the effective dates thereof prior to issuance of any building permits. Prior to issuance of any building permits, the property owner shall execute a Hold Harmless and Indemnification Agreement indemnifying, defending and holding harmless the City, its employees, agents and assigns from and against any and all liabilities, loss, claims, causes of action, judgments and damages resulting from or arising out of the issuance of a building permit under this section. 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. 02-19-2002 -4- Public hearing - Conditional Use Permit for Planned Unit Development - Triple T Woodworking - allow mixed use of existing structure for furniture makinq, small retail sales and creation of three caretaker units on Lot 32B, Block 105, Northern Pacific Addition (601 East Cottonwood Street) (Z-01244) This was the time and place set for the public hearing on the Conditional Use Permit for a Planned Unit Development, as requested by Samuel Shaw Thompson IV for Triple T Woodworking under Application No. Z-01244, to allow for mixed use of the existing structure on Lot 32B, Block 105, Northern Pacific Addition, for furniture making, small retail sales and the creation of three caretaker units. The subject property is located at 601 East Cottonwood Street. Mayor Kirchhoff opened the public hearing. Urban Designer Don Grund presented the staff report. He noted that this planned unit development is for a mixed use re-use of the historic Misco grain elevator, including a 1,000-square-foot furniture making shop, a 2,000-square-foot retail area and three caretaker units in which the owners/employees of the property will reside. The Planner stated that the applicant received a Certificate of Appropriateness in July 2001 to undertake restoration work on the grain elevator. He indicated that no deviations are being requested in conjunction with this application; however, relaxation of the open space requirements is needed. The Urban Designer stated that staff has reviewed this application in light of the applicable criteria, and staff's findings are contained in the written report. He highlighted some of those findings, noting that the number of parking spaces can be reduced by four since the owners of the property are also to be the residents of the property. He indicated that the owners will be using the four-car garage that is to be constructed under this application, and the four spaces proposed adjacent to North Wallace Avenue are to be removed and that area maintained in green space. He recognized that there will be a substantial amount of green space on the site; however, under the PUD section, setbacks cannot be included in the calculation of open space. He concluded by highlighting some of the recommended conditions for approval of this project. Mr. Shaw Thompson, one of four owners of the grain elevator, stated concurrence with the staff report. He then showed the Commission some drawings and color schemes for the project. No one was present to speak in opposition to the requested Conditional Use Permit. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Conditional Use Permit for a Planned Unit Development, as requested by Samuel Shaw Thompson IV for Triple T Woodworking under Application No. Z-01244, to allow for mixed use of the existing structure on Lot 32B, Block 105, Northern Pacific Addition, for furniture making, small retail sales and the creation of three caretaker units be approved, subject to the following conditions: That the proposed garage match the architectural character and detailing of the existing historic grain elevator. That no off-street parking spaces be located within the 20 foot front yard setback along Wallace Avenue. o That the trash enclosure be relocated out of the 20 foot front yard setback along Wallace Avenue or eliminated entirely and noted on the final site plan that trash will be stored inside an existing structure until day of pick-up. That the proposed 4 car garage be set back the minimum required 3 feet from the north property line. 5. That the requested reduction in open space be granted. 02-19-2002 -5- 10. 11. 12. 13. 14. 15. 16. 17. 18. That the applicant obtain final site plan approval and Certificate of Appropriateness prior to applying for a building permit to proceed with the project. The applicant shall be required to provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SIDs) for future improvements to East Cottonwood Street. Street Cut Permits must be obtained from the City of Bozeman for water and sewer services to be located in Cottonwood Street. Restricted parking along Wallace Avenue and Cottonwood Street frontages shall be 1) approved by the City Engineer's office and Sign Department and 2) designated by appropriate Manual Uniform Traffic Control Devices (MUTCD) "no parking" signage and yellow painted curb as follows: a. 20 feet northward from the walkway crossing Wallace Avenue. From the northeast corner of Wallace Avenue and Cottonwood Street eastward to the existing approach located on Cottonwood Street (approximately 34 feet according to the plans). The existing and proposed approaches shall be upgraded to the City standard non- residential approach (COB Standard Drawing No. 02529-11). Any cracked or unserviceable sidewalk panels located along the Wallace Avenue frontage shall be replaced in accordance with Section 02529 of the current City of Bozeman Modifications to Montana Public Works Standard Specifications. The applicant is encouraged to contact the Engineering Department to identify any sidewalk panels requiring replacement. The applicant shall sign and file a public easement for the portion of sidewalk along Wallace Avenue located on their property. That the applicant provide seven (7) copies of the final site plan and supplemental documents containing the streetscape profiles, architectural design, building footprint, elevations, floor plans and landscape features prior to final site plan approval. That the applicant submit a written narrative with the final site plan outlining how each of the conditions of approval has been addressed. The developer shall enter into an Improvements Agreement with the City of Bozeman to guarantee the installation of required on-site improvements at the time of submitting for final site plan review and approval. Detailed cost estimates, construction plans and method of security shall be made a part of said Agreement. If occupancy of the structure is to occur prior to the installation of all on-site improvements, the Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve (12) months; however, all on-site improvements in that phase shall be completed by the applicant within nine (9) months of occupancy to avoid default on the method of security. Building permits may not be issued until the final site plan has been approved and all required infrastructure and street improvements for said residential subdivision have been installed, inspected and accepted by the City of Bozeman. That 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 02-19-2002 -6- 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. 19. The final improvement drawing shall be adequately dimensioned. A legend of all pertinent line types used shall also be provided. 20. All existing utility and other easements must be shown on the final site plan: 21. 22. A Stormwater Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease and other pollutants must be provided to and approved by the City Engineer. The overall plan must demonstrate adequate site drainage (including sufficient spot elevations), stormwater retention basin and drywell details (including basin and drywell sizing and discharge calculations, pond typical sections, and drywell, inlet structure and discharge structure details), stormwater discharge destination and a stormwater maintenance plan. Plans and specifications for any required fire service line must be prepared in accordance with the City's Fire Service Line Policy by a Professional Engineer (PE), and be provided to and approved by the City Engineer prior to initiation of construction of 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. 23. 24. 25. Existing sewer and water mains shall be clearly identified as existing. All adjacent fire hydrants shall be clearly depicted. Sewer and water services shall be approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. Concrete curbing shall be provided around the entire new parking lot perimeters and adequately identified on the plans. In addition, the appropriate concrete curb and gutter details (standard, inverted, drop, etc.) and typical asphalt paving section detail shall be provided to and approved by the City Engineer. The applicant is advised that the City of Bozeman zone code permits alternative perimeter curbing treatment adjacent to snow storage areas subject to the approval of the Director of Public Service. 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. Break - 7:18 to 7:24 p.m. Mayor Kirchhoff declared a break from 7:18 p.m. to 7:24 p.m., in accordance with Commission policy. Informal review of Cattail Creek Subdivision, Phase II, preliminary plat - subdivide 58+ acres into 42 sinqle-family residential lots, 31 multi-family residential lots and associate parklands and open space (immediately west of Cattail Creek Subdivision, Phase I, and Gallatin Center Subdivision PUD) Included in the Commissioners' packets was a memo from Senior Planner Dave Skelton, dated February 12, forwarding the pre-application for Cattail Creek Subdivision, Phase II, and staff comments. Senior Planner Skelton reminded the Commission that preliminary plat approval has been given for Cattail Creek Subdivision, Phase I; and the developer's representatives are now seeking informal comments 02-19-2002 -7- on their proposal for Phase II. He noted that, while Phase I has been annexed, the proposed Phase II has not been. He indicated that under Phase II, 58 acres of existing agricultural land is to be subdivided into 42 single-family and 31 multi-family residential lots. Mr. Dave Crawford, Thomas, Dean and Hoskins, consulting engineer, distributed an aerial photo of the area, upon which was superimposed the proposed subdivision, and copies of the suggested local street standards and minor arterial street standards from the Greater Bozeman Area Transportation Plan 2001 Update. Mr. Crawford sought Commission input on some of the proposed elements in the pre-application, based on staff comments and applicant concerns. He noted that under the subdivision regulations, water, sewer and street infrastructure improvements are to be extended to the boundaries of the property so that adjacent properties can be developed in the future. One of the issues raised during staff review was the desire to have the proposed Blackbird Drive right-of-way aligned with the future extension of Hunter's Way. He questioned whether this is a logical street extension, particularly when Hunter's Way is two miles south of the subject property, and its extension would go through an existing rural standard residential development and cross a wetlands area and a creek. He drew the Commission's attention to the pre- application, which provides for a 60-foot-wide road/utility easement to the south property line and a parking lot south of Cattail Street for those wishing to use the parkway. He indicated that an alternative would be construction of Blackbird Drive to the southern boundary, with on-street parking available for those wishing to use the parkway. Mr. Crawford noted that the current subdivision regulations include a 37-foot-wide local street standard and, if the street widths proposed in the pre-application are to be used, a deviation to that standard will be needed. He noted, however, that Catron Street through Phase I is being developed at the 37-foot- wide standard and asked that it be allowed to continue through the subdivision at that width, or necked down to the new 33-foot-wide standard west of its intersection with Blackbird Drive, which includes a proposed roundabout. Mr. Crawford stated the applicant proposes to construct one-half of the minor arterial standard on Davis Lane, which borders the west side of the subject property, indicating that Baxter Meadows will be making similar improvements on the west side of Davis Lane where it abuts their property. Mr. Dave Crawford turned his attention to the proposal to include 20-foot-wide alleys with 14 feet of paving in as much of the subdivision as possible, noting this might encourage people to put their garbage receptacles in the alley and maybe even their garages. He concluded his presentation by asking about Condition No. 10 in the memo dated February 11, which requires provision for creation of a tree maintenance district and a street lighting district, and Condition No. 14, which requires the homeowners' association to provide for maintenance of a variety of infrastructure improvements, including alleys and roads. Mr. Rob Pertzborn, Prugh and Lenon Architects, stated that one of the premises identified when development of this property was initially undertaken was that the unnamed creek and ponds not be developed, but protected by a parkway with trails; and it is hoped that the corridor will be continued as development occurs to the north and the south. He indicated that the proposed Sandan Park is to be bounded by streets on all four sides. He concluded by noting that he has been working with staff and Montana Power Company to gain approval of street light fixtures that meet the City's code, with the lighting to be at less than industry standards. He stressed that under his proposal, the lighting along the local streets will be less than the "stadium quality lighting" which the industry standards require, but better than the lighting in the older part of town. He indicated that the lighting along North 27th Avenue will be as required, since that is a major street, and is to be installed through creation of a special improvement lighting district. He concluded his presentation by asking that the City assist in the maintenance of the infrastructure for this subdivision. Commissioner Youngman voiced her appreciation for the park being bordered by streets, and asked if any mechanism is being considered for defining the borders of the parkway and ensuring that the back yards of abutting residential lots don't encroach into that open area. Mr. Pertzborn responded that he has no magic answers at this time, but noted he will forward that concern to Fischer and Associates, who are working on the plans for that parkway. 02-19-2002 -8- Responding to concerns voiced by Commissioner Youngman regarding the large groupings of "R-3" parcels, Mr. Pertzborn indicated that their desire was to provide a variety of lot sizes and zoning designations to encourage a mix of housing types; and the owners are interested in seeing retirement housing or an assisted living unit constructed on the large lots south of Cattail Street. Mayor Kirchhoff noted that on multi-family lots the tendency is to push the parking to the lot line, and encouraged that steps be taken to ensure that does not occur. Mr. Pertzborn responded that issue could be addressed through the covenants for this subdivision and possibly through encouraging that the multi- family lots be developed through the planned unit development process. Mayor Kirchhoff voiced his support for the design, the green spaces and the roadways around Sandan Park. Commissioner Brown encouraged the applicant to consider irrigation from wells rather than using City water. Responding to Mayor Kirchhoff, all of the Commissioners voiced support for Catron Street being developed at the 37-foot-wide standard through this subdivision, rather than being narrowed to the new 33- foot-wide standard. Regarding traffic calming devices, the Commissioners voiced support for the proposed roundabout at the intersection of Blackbird Drive and Catron Street. They also suggested that, given the 1500-foot length of Blackbird Drive with no cross streets, additional traffic calming be provided that does not result in significant turning maneuvers that could cause vehicle lights to shine into residences. Mr. Pertzborn stated he would like to retain the name Blackbird Drive for the proposed north/south street, recognizing that if Hunter's Way is extended to connect to that street section, its name could then be changed. The Commissioners concurred with this proposal. Commissioner Youngman stated she feels a street connection to the south is needed, particularly since there is no connection in Phase I. She recognized the importance of avoiding the wetlands and crossing the creek and asked if any connections have been considered. Mr. Pertzborn responded by suggesting that Blackbird Drive be extended to the south, adjacent to the parkway. He noted that this would start the trend of having a street bordering the parkway, which would hopefully be continued to the south. He suggested that, until the property to the south is developed, a temporary cul-de-sac could possibly be constructed. The Commissioners concurred with this proposal, which would include elimination of the proposed parking lot. In response to questions from Mr. Crawford, the Commissioners indicated they would not entertain the idea of platting but not constructing the street south of Cattail Street; their preference was for street construction and a cul-de-sac. Responding to Mayor Kirchhoff, Senior Planner Skelton stated that Condition No. 10 was triggered by Commission requirements. He then indicated that Condition No. 14 requires that the open spaces, trail corridors and cul-de-sacs be maintained by the homeowners' association, similar to the requirements imposed on the Harvest Creek Subdivision. He also indicated that similar requirements were imposed on Phase I of this subdivision. Director of Public Service Debbie Arkell noted that all property within city limits is subject to the tree maintenance district assessment and suggested that portion of Condition No. 10 be eliminated. She then stated that a street lighting district is typically optional for the developer. Under Condition No. 14, she noted that the City does not typically remove snow from the alleys, and the homeowners' association would be responsible for that; however, the City does maintain the surface of the alleys. She then stressed the importance of ensuring that this subdivision is treated consistently with the other new subdivisions, including Baxter Meadows and Valley West. Commissioner Youngman suggested that Condition No. 14 be revised to specify that all dedicated public streets and alleys will be maintained by the City, and that the homeowners' association will be responsible for maintenance of any private streets, alleys, common open space, trails and parkland. 02-19-2002 -9- that the City does not typically remove snow from the alleys, and the homeowners' association would be responsible for that; however, the City does maintain the surface of the alleys. She then stressed the importance of ensuring that this subdivision is treated consistently with the other new subdivisions, including Baxter Meadows and Valley West. Commissioner Youngman suggested that Condition No. 14 be revised to specify that all dedicated public streets and alleys will be maintained by the City, and that the homeowners' association will be responsible for maintenance of any private streets, alleys, common open space, trails and parkland. Mr. Crawford thanked the Commission for the input, noting that information will be taken into consideration as the application for the preliminary plat is prepared. Ordinance No. 1557 - revising Section 18.52.030 of the Bozeman Municipal Code to provide for consideration of fiscal criteria in site plan review under specified circumstances Included in the Commissioners' packets was a copy of Ordinance No. 1557, as approved by the City Attorney, entitled: ORDINANCE NO. 1557 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTION 18.52.030; PROVIDING FOR THE CONSIDERATION OF FISCAL CRITERIA IN SITE PLAN REVIEW UNDER SPECIFIED CIRCUMSTANCES, AND SETTING THE PARAMETERS THEREFOR. Staff Attorney Tim Cooper stated this ordinance is essentially a Commission-initiated zone code amendment. He noted that if the Commission provisionally adopts the ordinance at this time, it will be forwarded to the Zoning Commission for public hearing and then will come back to the Commission for public hearing prior to final adoption. The Staff Attorney reminded the Commission that in January 2000, a proposed ordinance restricting the size of retail stores was considered but not adopted. At the same time WaIMart was considering its expansion and offered to complete an impact study in conjunction with that application, and the City accepted that offer. The Commission subsequently expressed interest in pursuing issues relating to dark stores, economic impact regulations and possible channeling of large scale development into certain areas. The WalMart study then provided an example of how an impact study might guide the Commission in consideration of a large scale development; however, WalMart was reluctant to propose or accept conditions necessary to mitigate those impacts. In October 2001, after the Commission's action on that development, the new 2020 Plan was adopted; and one of the goals in that plan pertains to directing large development into a particular area. Staff Attorney Cooper stressed that this is not a size restriction ordinance but a requirement for analysis of community impacts, noting that growth and displacement can have both direct and indirect impacts. This ordinance requires information about those impacts and what should be done about them. He indicated that this information will help the Commission in its decision-making process and will help to ensure that a project is not detrimental to the public health or interests. He concluded by forwarding the suggestion that No. 2 at the top of Page 5 be revised to read "... for buildings providing for single tenancies exceeding 50,000 square feet..." Commissioner Youngman noted that when the Commission considered the size cap, the limitation was on retail space and asked if that reference was intentionally omitted; the Staff Attorney indicated it was not. As a result, Commissioner Youngman suggested that the word "retail" be added to the phrase previously suggested by the Staff Attorney. Commissioner Brown asked who will contract for the study, stating he has a problem with the applicant contracting for it since that typically implies the study will be favorable for them. He indicated his desire to see a provision under which the applicant is required to pay into an escrow account for the impact 02-19-2002 10- Staff Attorney Cooper responded he does not view this as redundant to what is already required. He then stressed that the beginning of the sentence regarding the economic impact study states "Unless otherwise provided". Commissioner Hietala questioned why the 50,000-square-loot benchmark was identified, noting that the typical size of a successful grocery operation seems to be 55,000 square feet. Staff Attorney Cooper responded that was the informal direction from the Commission and indicated it could be adjusted. Commissioner Hietala suggested that once a large retail store has been constructed, it could be given the opportunity to increase its size based on industry growth. He voiced concern that the information provided to Commissioners is not always complete, and the result can be an understated situation. He also noted that identifying more specifically how to approach this issue would be helpful. He then indicated that since there is no economist on City staff, he would like to do additional research on his own and requested that action on this item be delayed for one week. Commissioner Cetraro stated that additional and more specific information would be beneficial for him as well. Ms. Susan Swimley, attorney representing Home Depot, encouraged the Commission to follow the normal zone code amendment process, rather than adopting the ordinance at this meeting. She stressed that following the typical procedure does not take the question off the table and recognized that both Home Depot and Lowe's will be required to meet these requirements even if the amendment has not yet been adopted. Former City Commissioner Joe Frost, 1816 South Rouse Avenue, applauded the efforts to control and encourage big box stores to be good neighbors, voicing his frustration that they don't come forward with offers to mitigate their impacts. He then encouraged the Commissioners to adopt this ordinance. Mr. Richard Smith stated that the recent radio talk shows reveal people are upset about this issue. He voiced his disagreement with the previous speaker, characterizing this ordinance as a major blow to the hard workers that create the backbone of the community. He noted that most residents cannot afford to shop downtown and, as a result, he sees no need to require a big box store to provide transportation to the downtown area. He also expressed concern about the far reaching impacts of this ordinance as proposed, noting that Simkins-Hallin would be subject to the provisions of this ordinance if all of its buildings were combined; or the alternative would be to construct a series of buildings to avoid triggering the square footage requirements. He noted that the taxpayers in the city are paying more and more taxes and are being asked to pay even more for special items such as the library. He cautioned that commercial facilities pay the largest portion of those taxes, and driving them out of town will simply result in higher taxes to those living here. Mr. Frank Palazzi, 3115 Fieldstone Drive, stated he operates a marketing company. He noted that small businesses are successfully competing with large businesses all over the country, stressing that businesses have to succeed or fail on their own. He suggested that developing a more vital downtown, possibly through a consortium, would be much more beneficial than any impact mitigations that may be provided by large retailers. He concluded by voicing his concurrence with the previous speaker's comments. Mr. Lowell Springer, 117 Hoffman Drive, stated his biggest concern is that this ordinance seems to be a knee jerk reaction, even though he knows it has been under consideration for quite some time. He encouraged the Commissioners to once again take the pulse of the community, noting it appears there may not be the same support that there once was. He concluded by stating it is preferable to have large scale retail development within the city limits and the community's tax structure. Former City Commissioner Sandra Smiley, 618 South 14th Avenue, stated that economic considerations are of paramount importance. She voiced concern that this ordinance would continue to push large retail businesses out of the community, noting that they will come to the area because people need them. She stressed that people need a variety of places to shop and work; and some people are interested in working for $7.00 per hour. She concluded by encouraging the Commissioners to give careful consideration to the issues raised by Commissioner Hietala. 02-19-2002 -11 - Responding to Mayor Kirchhoff, City Attorney Luwe stated the format for considering this zone code amendment is the same as the one used for adoption of the provisions for concurrent construction of infrastructure and a specific project. He suggested that if the Commission chooses not to follow the same process for this zone code amendment, tonight's action is to refer the amendment to the Zoning Commission, with the two adoptions of the ordinance being delayed until after completion of the public hearing before the City Commission. Commissioner Youngman suggested that Commission edits should be forwarded prior to the Zoning Commission's public hearing, so they can be considered during the hearing. She then indicated that the clause "balanced housing" needs clarification, the restrictions of "single tenancy" and "retail" need to be added and the square footage needs to be revised upward, possibly to 55,000 or 60,000 square feet. Mayor Kirchhoff stated that the requirements for the fiscal impact study need to be clear and very specific so a business knows what is expected, citing dark stores and affordable housing as examples. Commissioner Cetraro stated that the proposal is too general, and he wants the requirement to be more specific and clearer. Commissioner Brown stated it is critical that the City be the contractor for the study, not the business. Commissioner Hietala reiterated his desire to complete research on his own before considering this amendment. It was moved by Commissioner Hietala, seconded by Commissioner Cetraro, that action on this ordinance be tabled until more information on the issue of economic impacts has been developed. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Hietala and Commissioner Cetraro; those voting No being Commissioner Brown, Commissioner Youngman and Mayor Kirchhoff. It was moved by Commissioner Brown, seconded by Commissioner Youngman, that this issue be referred to the Zoning Commission for consideration, and that Ordinance No. 1557, providing for the consideration of fiscal criteria in site plan review under specified circumstances, be brought back for first reading and provisional adoption after the Zoning Commission has forwarded its recommendation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Youngman and Mayor Kirchhoff; those voting No being Commissioner Hietala and Commissioner Cetraro. Mayor Kirchhoff noted that in light of the Commission's decision, this issue will be subject to the typical zone code amendment process, with public hearings before both the Zoning Commission and the City Commission, for which either written or verbal testimony may be submitted. Break - 9:20 to 9:35 p.m. Mayor Kirchhoff declared a break from 9:20 p.m. to 9:35 p.m., in accordance with Commission policy. Ordinance No. 1544 - amendinq Chapter 8.16 of the Bozeman Municipal Code to amend solid waste requlations to provide for a solid waste collection system and prohibit deposit of highly inflammable material Included in the Commissioners' packets was a copy of Ordinance No. 1544, as revised by the City Attorney, entitled: ORDINANCE NO. 1544 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING 02-19-2002 -12- SECTIONS 8.16.010, 8.16.015, 8.16.020, 8.16.030, 8.16.050,18.16.060 AND 8.16.070, OF SAID CODE, AND BY ADDING SECTIONS 8.16.064, 8.16.066 AND 8.16.075 AMENDING THE SOLID WASTE REGULATIONS TO PROVIDE FOR A SOLID WASTE COLLECTION SYSTEM, PROHIBIT THE DEPOSIT OF HIGHLY INFLAMMABLE MATERIAL AND PROVIDE FOR MINOR CHANGES IN STYLE. Staff Attorney Patricia Day-Moore provided background on this ordinance, reminding the Commission that it was provisionally adopted on October 1,2001, at which time she was directed to remove the exclusive hauler provision and revise the ordinance to conform to State laws. She stated that the ordinance now before the Commission reflects the manner in which the City actually conducts its solid waste business and is in conformance with State law. The Staff Attorney stated that Mr. Dean Ulrich, BFI, called today with a concern about the proposed deletion of Section 8.16.015.C., which stipulates that when developed property served by a private hauler is annexed, the City may not provide service to those residents for five years. She stressed that, although that provision may be deleted from this ordinance, it still remains in State statute and will be effect. Responding to Commissioner Hietala, the Staff Attorney stated that State law has a number of protections for private solid waste collection services. She then indicated that, through an unspoken agreement with BFI, the City can go into newly annexed areas within five years as long as BFI is allowed to collect solid waste anywhere within city limits. City Manager Johnson suggested that, in Section 8.16.015.B., the word "shall" be changed to "may", which provides for discretion and avoids the perception that the exclusive hauler provision is being invoked. City Manager Johnson noted that the effective date of the ordinance needs to be changed; City Attorney Luwe concurred, suggesting that it be changed to read "thirty days after final adoption" instead of a date specific. Commissioner Brown identified the following changes to be included in the ordinance: (1) Page 4, Section 8.16.020.A.1., change to read "... collected or~ a weekly or monthly ..."; (2) Page 4, Section 8.16.020.B., change "with in" to "within" and change last part of sentence to read "... containers and charge accordl,-~,.31y, charge the property owner, occupant or operator accordingly under this chapter or both."; (3) Page 5, Section 8.16.030.B., change to read "... solid waste is too bulky or too large to fit in the containers provided ..."; and (4) Page 8, Section 8.16.070.B., change to read "... the Director of Public Service may, at his/her discretion, ...". It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that Ordinance No. 1544, amending the solid waste regulations to provide for a solid waste collection system and prohibiting the deposit of highly inflammable material, be finally adopted as revised to include the suggestions forwarded by City Manager Johnson, City Attorney Luwe and Commissioner Brown in the above discussion. 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. Review of proposed first round amendments to zone code and subdivision regulations to brinq documents into compliance with the newly adopted Bozeman 2020 Community Plan Included in the Commissioners' packets was a memo from Associate Planners Chris Saunders and Jody Sanford, dated February 13, seeking Commission direction on proposed immediate changes to the subdivision regulations and zone code. Planning Director Andy Epple noted that, over the past several months, the Planning staff has received informal direction from the Commission regarding zone code amendments. He stated that, at this time, staff is seeking specific direction on a list of amendments to both the zone code and the subdivision regulations that they have identified as needing to be dealt with quickly to bring them into compliance with the recently adopted Bozeman 2020 Community Plan. He stressed that a more comprehensive revising of the zone code and subdivision regulations will still be needed; however, some of the issues involved will take significantly more work and time. He asked that the Commissioners review the list of items identified, 02-19-2002 -13- with at least three Commissioners giving direction on each item. Once staff receives direction, the needed amendments will be processed and should be completed within the next couple of months. At the Commission's request, Associate Planner Chris Saunders gave a brief overview of each of the amendments identified in the memo dated February 13. As a result of that discussion, the Commission directed staff to proceed with all of the amendments identified in the memo. Under the subdivision regulations, those revisions are to include: (1) watercourse setbacks - better identify purposes and function of the setback and identify sizes that are more closely reflective of the size of the watercourse; and identify standards for use of the setback and crossings, involving concerned citizens early in the process; (2) street standards - include alternatives in the transportation plan; (3) block arrangement - look at the allowable block lengths and possible alternatives for traffic calming on long blocks; (4) cul-de-sacs - discourage their use except in certain instances and revise maximum length; (5) City- County cleanups - remove remnants of the joint city-county program, which may result in eliminating complete chapters that pertain strictly to county standards; (6) access controls - to increase the efficiency of roads and reduce costs; (7) compliance with State law - particularly in light of recent State law changes; and (8) sidewalks - to include the option of installing sidewalks within three years of plat approval and providing for financial guarantee if the sidewalks are not installed prior to final plat approval. Under the zone code, those revisions are to include: (1) parking revisions for affordable housing and commercial development where people can shop in many stores when parked on one location - to more accurately reflect parking needs and thus save land costs, with maximums on the amount of parking allowed; (2) community centers as conditional uses in residential districts - define to include a variety of uses, including boys and girls clubs, churches and schools, and identify the districts in which they may be located; (3) watercourse setbacks to coordinate with subdivision revisions; (4) access controls to coordinate with subdivision revisions; (5) building setbacks in B districts - to allow buildings to be located closer to the front lot line, keeping parking a minimum of 25 feet from the property line; (6) landscaping in B districts - resulting from the setback revisions; (7) building heights in selected districts - to allow for higher densities that may result from additional stories (typically three stories instead of two stories); (8) large scale retail - as discussed in a previous agenda item; (9) changes in M-1 uses - to ensure that development is more industrial in character, with the possibility that some developed property currently zoned M-1 may be rezoned to more accurately reflect its use; (10) open space - to address recent State law changes regarding condominiums, including minimum standards for providing open space; (11) corrections to existing zone map - to address inadvertent changes during conversion to the digital format; and (12) movie theatres in B-3 district - to promote a healthy downtown area, since the BAE study identified the loss of theatres as the biggest threat to the downtown area. Responding to Mayor Kirchhoff, Associate Planner Saunders stated that staff is approximately 80 percent done with drafting the revisions to the zone code and 70 percent done with drafting the revisions to the subdivision regulations. The Commission thanked Associate Planner Saunders for his review of these amendments. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1) Copy of the February 12 listing of planning projects to be considered at upcoming Commission meetings. (2) Listing of meeting schedules for the various boards and committees, along with calendars for the remainder of February and March. (3) Agenda for the County Commission meeting which was held today at the Willson School. (4) Memo from Street/Sanitation Superintendent Roger Sicz, dated February 8, 2002, forwarding an update on the total tonnages collected from the recycling drop-off sites for 1997 through 2001. 02-19-2002 -14- (5) Agenda for the Cemetery Board meeting which was held at 1:00 p.m. today in the Commission Room. (6) Agenda for the Development Review Committee meeting which was held at 10:00 a.m. today at the Professional Building. (7) Agenda for the Design Review Board meeting which was held at 3:30 p.m. today at the Professional Building. (8) Agenda for the City Planning Board meeting to be held at 7:00 p.m. and the Zoning Commission meeting to be held at 7:30 p.m. on Wednesday, February 20, in the Commission Room. (9) Planning Director Epple stated that his office has signed a contract with the Community Design Center to update the design objectives plan and to provide illustrations for the new zoning initiatives and the Bozeman 2020 Community Plan. (10) Commissioner Brown suggested that the City indicate a willingness to settle with WalMart for the amount identified in the fiscal impact study, in an effort to get movement on the issue of their expansion to a super center. Following a brief discussion, the Commissioners chose to not consider giving staff new direction on this issue. Adjournment - 11:05 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the meeting be adjourned. 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. A'i-I'EST: ROBIN L. SULLIVAN Clerk of the Commission 02-19-2002