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HomeMy WebLinkAbout2001-12-10 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA December 10, 2001 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, December 10, 2001, at 6:00 p.m. Present were Mayor Youngman, Commissioner Brown, Commissioner Smiley, Commissioner Kirchhoff, City Manager Johnson, Planning Director Epple, Director of Public Service Arkell, Staff Attorney Day-Moore and Clerk of the Commission Sullivan. Commissioner Frost was absent. The meeting was opened with the Pledge of Allegiance and a moment of silence. City Manager Johnson requested that the annexation agreement and resolution annexing the Doug Smith and Christ the King Church property be removed from the Consent Items for discussion. Authorize absence of Commissioner Frost from this meeting It was moved by Commissioner Brown, seconded by Commissioner Smiley, that the Commission authorize the absence of Commissioner Frost from this meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Smiley, Commissioner Kirchhoff and Mayor Youngman; those voting No, none. Minutes - January 18 and February 7, 2000, and January 30, November 13, November 19, November 26, November 29 and December 3, 2001 It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the minutes of the meetings of November 13 and November 26 be adopted as amended and that the minutes of the meeting of November 29 be approved as submitted. The motion carried by the following Aye and No vote: those voting No being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown and Mayor Youngman; those voting No, none. Mayor Youngman deferred action on the minutes of the meetings of January 18 and February 7, 2000, and January 30, November 19 and December 3, 2001to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Staff report - request for annexation of 2.65 acres lying alonq the south side of West Babcock Street between Donna Avenue and Virginia Drive (2928 West Babcock Street) - Glen Haven Properties, Inc. (A-0110) Commission Resolution No. 3497 - intent to annex 2.65 acres Iyinq alonq the south side of West Babcock Street between Donna Avenue and Virginia Drive (2928 West Babcock Street); set public hearing for January 7, 2002 COMMISSION RESOLUTION NO. 3497 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 12-10-2001 -2- DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Commission Resolution No. 3498 - authorizin;I City's particir)ation in recertification in the Montana Cerl;ified Communities Procjram and desionatinQ the Gallatin Development Corr)orati0n as the sponsorin0 or;tanization COMMISSION RESOLUTION NO. 3498 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING THE CITY'S PARTICIPATION IN RI=CERTIFICATION IN THE MONTANA CERTIFIED COMMUNITIES PROGRAM AND DESIGNATING THE GALLATIN DEVELOPMENT CORPORATION AS THE SPONSORING ORGANIZATION. Commission Resolution No. 3499 - awardinQ sale of $2,315,000 General ObliQation Bonds, Series 2001A (for library land acquisition and construction) COMMISSION RESOLUTION NO. 3499 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO $2,315,000 GENERAL OBLIGATION BONDS, SERIES 2001A; AWARDING THE SALE THEREOF AND APPROVING THE OFFICIAL STATEMENT RELATING THERETO. Authorize City Manager to si.qn - Exhibit A of Library Services Contract with Gallatin County Authorize City Mana,qer to si.qn Amendment No. 4 to Professional Services A.qreement - Maxim Technolo§ies, Inc., Helena, Montana - hydro;]eoloclical and en~]ineerin§ consultin;; services for City landfill Authorize City Mana.qer to si~]n - License Agreement for the Use of City Property - VoiceStream Wireless - City water tank located on Kenyon Drive Authorize expenditure of $19,379.37 as partial reimbursement for costs billed by the State of Montana Department of Environmental Quality for the Bozeman Solvent Site for the period July 1, 2000 throu~h June 30, 2001 Claims It was moved by Commissioner Kirchhoff, 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 Kirchhoff, Commissioner Brown, Commissioner Smiley and Mayor Youngman; those voting No, none. Authorize City Mana~]er to si§n - Annexation A.qreement with Dou~q Smith and Christ the Kin.q Lutheran Church - 29.271 acres lying alon.q the north side of Durston Road and east side of Flanders Mill Road City Manager Johnson noted he had requested this item be removed from the consent agenda. Associate Planner Chris Saunders stated that, in light of questions and concerns raised last week regarding paybacks for this subject property, the annexation has been divided, with the annexation agreement for the Christ the King Lutheran Church before the Commission at this time and Mr. Doug Smith investigating his options prior to executing an agreement for his portion of the property. As a result, the Associate Planner suggested that the Commission proceed with annexation of the 8.969 acres before them at this time, contingent upon the applicant paying the cash-in-lieu of 12-10-2001 -3- water rights after the amount has been calculated by the Director of Public Service, and defer action on the remainder of the 29.271 acres until Mr. Smith has executed the annexation agreement for that portion of the site. It was moved by Commissioner Brown, seconded by Commissioner Smiley, that the Commission authorize and direct the City Manager to sign the Annexation Agreement with Christ the King Lutheran Church for that 8.969-acre portion of the annexation and defer action on annexation of Doug Smith's portion of the annexation to a later date. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Smiley, Commissioner Kirchhoff and Mayor Youngman; those voting No, none. Commission Resolution No. 3495 - annexing 29.271 acres lyin~l along the north side of Durston Road and east side of Flanders Mill Road Distributed just prior to the Commission meeting was a revised copy of Commission Resolution No. 3495, entitled: COMMISSION RESOLUTION NO. 3495 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. In light of action on the previous agenda item, it was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that Commission Resolution No. 3495, annexing the 8.969 acres owned by the Christ the King Lutheran Church, be adopted and that action on the portion of the property owned by Doug Smith be deferred. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown and Mayor Youngman; those voting No, none. Ordinance No. 1553 - amendin.q the Bozeman Municipal Code by amendinq Sections 10.28.010 and 10.28.030 and adding Chapter 10.42, orovidin.q for establishment of truck routes throughout the city, and repealing Sections 10.28.040 and 10.28.080 Included in the Commissioners' packets was a revised copy of Ordinance No. 1553, as approved by the City Attorney, entitled: ORDINANCE NO. 1553 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY AMENDING SECTIONS 10.28.010, 10.28.030, ADDING A NEW CHAPTER 10.42 PROVIDING FOR THE ESTABLISHMENT OF TRUCK ROUTES THROUGHOUT THE CITY OF BOZEMAN AND PROVIDING FOR THE REPEAL OF SECTIONS 10.28.040 AND 10.28.080 OF SAID CODE. Aisc included in the Commissioners' packets were letters from Kenneth R. Carrier; Rick Ogle and Bill Ogle, Kenyon Noble Lumber and Ready Mix, Empire Building Materials, and Bozeman Brick Block and Tile; and Tom Simkins, Simkins-Hallin Lumber Company. Distributed just prior to the meeting were letters from Jon Gerster, Northeast Neighborhood Alliance; Jay O'Neil, Treasure State Oil; Dana Pepper; Chandler Dayton; Paul and Jody Sanford; Christopher and MaryEIlen Spogis; and Rob Pertzborn. Responding to Staff Attorney Patricia Day-Moore, Commissioner Brown expressed hesitance to pursue a weight limit; Commissioner Kirchhoff voiced his concurrence. 12-10-2001 4- Mr. Chris Nixon, 719 North Wallace Avenue, noted that the residents requested relief from heavy trucks on North Wallace Avenue between East Mendenhall Street and East Peach Street; so, at last week's meeting he was puzzled by this proposal for a city-wide truck route ordinance. He noted that, as the result of a meeting with Staff Attorney Day-Moore last week, he now understands and supports the proposed ordinance. He stated that Bozeman is moving into the big city arena, and truck routes are common in large cities. Mr. Bill Ogle read a letter into the record from Dan Alexander, Vice President of Story Distributing, voicing opposition to the proposed ordinance. In that letter, Mr. Alexander noted that their company delivers to a variety of locations and employs sixty people whose livelihood would be directly affected by this ordinance. He asked that consideration be given to the historic commercial traffic routes in the community. Ms. MaryEIlen Spogis, 613 North Tracy Avenue, noted she has lived at this address for nine years and has been concerned by the northbound Kenyon Noble trucks that use this street. She voiced her support for this ordinance, noting that trucks should use the community's larger streets rather than the narrow residential streets to move around the town. Mr. Paul Wiese, 707 North Wallace Avenue, stated he has lived on this street for most of the past 22 years. He thanked the Commission for its efforts to address the neighborhood's concerns about heavy trucks using a residential street as a through corridor. He noted that this ordinance will help maintain the viability and livability of neighborhoods, and recognized the inevitable friction that results from growth. Mr. Jerry Perkins, Karst Stage, 511 North Wallace Avenue, noted that, if speed is the issue, removal of the "no parking" signs along the west side of the street did not address it. He noted that he has not seen any real reduction in speed or truck traffic on that street; rather, in many instances he has seen increased speeds as people try to get past parked cars before meeting another vehicle. He noted that, several months ago, he saw the police monitoring the street over the lunch hour for most of a week; and they wrote quite a few tickets during that time. He recognized that traffic needs to be slowed on every street in Bozeman, and stated he feels the proposed truck route ordinance is the wrong way to approach the issue. Mr. Peter Bronken, 707 East Peach Street, noted that North Wallace Avenue between East Lamme Street and East Tamarack Street is 32 feet wide. He stated that a Suburban is 93 inches wide, from mirror to mirror, and if two were parked across the street from each other and two other Suburbans met at that location, they would have exactly 12 inches of room in which to maneuver. He stated that a dually truck is 96 inches wide at the rear fender and, under the same scenario, four duallys side by side measure 32 feet. He cautioned that, with parking on both sides of the street, North Wallace Avenue is a liability for the City, and urged the Commission to recognize that public safety is being compromised for a select few. Mr. Dan Kaveney, 630 East Davis Street, noted he had previously written a letter. He voiced support for the ordinance, characterizing it as a means of supporting public safety. He stated that North Wallace Avenue is not the only street with a problem, noting that in his letter he included ~ photo of a forklift driving down North Plum Avenue. He concluded by stating that heavy load-bearing vehicles are a problem throughout the community. Ms. Jeanie Wesley-Wiese, 707 North Wallace Avenue, stated she also owns the property at 307 North Wallace Avenue and has lived on this street for most of the past 25 years. She noted that for the past fifteen years, people have complained about the heavy truck traffic, but no truck route has been established. She stated her house is located in an M-1 zone, and she is concerned about the impacts that heavy trucks are having on the 100 feet of service line for their property. She concluded by noting that since they are in the process of remodeling their home, they have no curtains on the windows and she has noticed calming of traffic with parking on both sides of the street. She concluded by encouraging adoption of the ordinance. Ms. Chandler Dayton, 716 East Peach Street, stated she has lived in the neighborhood for a long time. She read portions of a letter written in 1988 by architect Chester Hanson, when the 12-10-20O 1 5- application for a foundry was under consideration. She gave a history of the mixed uses in the area and summarized the zoning issues and problems the residents have encountered over the years, and concluded by stating that a designated truck route is important for livable neighborhoods and encouraging adoption of the ordinance. Ms. Marilyn Boles, 418 North Wallace Avenue, characterized truck routes as a city-wide issue and an issue of safety. She suggested that truck routes provide a strategy for growth of businesses and residential population without being dangerously conflicted. She indicated that reinstating parking on both sides of North Wallace Street has helped the speeding issue to a certain extent; however, the real issue is the weight of the trucks, which dramatically affects their stopping distance. She noted that a review of truck route ordinances in other communities has revealed even cities of 2,000 to 5,000 population have such ordinances, and a vast majority of them are based on weight. She concluded by reiterating that safety is her primary concern, particularly in light of the number of young families moving into the area. Ms. Kara Crisifulli, 324 North Wallace Avenue, stated she is new to the area and is not aware of the specifics of the ordinance under consideration. She noted that, as a resident, she realizes the trucks are very loud in the evening and that they shake the whole house. She noted that, as a pro- business person, she understands the business needs, and suggested the possibility of allowing trucks to use North Wallace Avenue during daytime hours, or at least when children are in school, and requiring that they use different routes in the evening hours. Mr. Tom Simkins, Simkins-Hallin Lumber, stated his company has operated on North Wallace Avenue since 1950. He provided an historical perspective, noting that trucks have used North Broadway Avenue, North Wallace Avenue and North Rouse Avenue even though they are very close together. He cautioned that, with a 40-foot truck, it is safer for them to travel in a straight line whenever possible, since the greatest potential for conflicts and accidents arises when they are in a turning maneuver. He stressed that speed can be controlled through other mechanisms. He recognized that much of northeast area is a residential neighborhood; however, he stressed that this is also a healthy business neighborhood and that a lot of jobs are at stake. Responding to Commissioner Smiley, Staff Attorney Patricia Day-Moore stated this ordinance would not preclude bus drivers or truck drivers from taking a vehicle home a night; it would simply require that they take the truck route to the closest intersection and then to their home. Responding to Commissioner Kirchhoff, the Staff Attorney voiced a willingness to research the possibility of designating effective times for truck routes, and suggested that it should be tied to the times in the noise ordinance. Further responding to Commissioner Kirchhoff, the Staff Attorney stressed the importance of having a scale available if the ordinance includes weights. She further cautioned that, even if a weight is posted on the side of a vehicle, that is not necessarily the weight of the load at a given time. She then confirmed that this ordinance does not establish any truck route, it simply gives the Commission the ability to establish a truck route after adoption of a resolution and posting of the required signage. Commissioner Kirchhoff noted that at the last meeting, it was mentioned there have been other attempts to establish a truck route, but that Commissions have previously abandoned those attempts. Commissioner Smiley stated she would like to have staff research that issue prior to making a final decision. Commissioner Smiley noted that both business owners and residents comprise the northeast side of town, and voiced sorrow that it appears the town has grown too big to allow industrial and residential zoning to be compatible. She noted that people used to be glad to see businesses functioning well, and noted this is a situation where she would like to see the issue subjected to mediation. She concluded by characterizing this ordinance as being divisive for the community and indicating that she cannot support it. 12-10-2001 Commissioner Kirchhoff stated he feels it is the Commission's job to at least investigate an issue when a neighborhood persistently complains about it, and to take action if a majority deems it necessary. He does not believe anything is harmed by implementing the enabling process. He stated, however, that businesses and residents should work together instead of "bringing their fights to the Commission". He recognized that the northeast side of the community is now ready to be developed and, while some people like that, others don't. He stressed that the variety of uses and development don't need to be oppositional and suggested it is in the best interests of both parties to remove the tension and to undertake discussion outside the Commission Room. Commissioner Brown stated he feels that both proponents and opponents of this ordinance have valid points. He noted that, as a Commissioner, he has responsibility for considering public safety and, on that basis, indicated his support for the ordinance. Mayor Youngman stated that she, too, supports the ordinance, recognizing that when specific truck routes are under consideration, the process will take longer. She noted that truck traffic on streets not constructed for those weights does result in negative impacts on the City's infrastructure, including the water and sewer lines and the streets themselves, and noted that the new transportation plan provides for better neighborhoods with the implementation of truck routes and this ordinance builds on that base. It was moved by Commissioner Brown, seconded by Commissioner Smiley, that Ordinance No. 1553, amending Sections 10.28.010 and 10.28.030 and adding Chapter 10.42, providing for establishment of truck routes throughout the city, and repealing Sections 10.28.040 and 10.28.080, be provisionally adopted and that it be brought back on January 14, 2002, for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Kirchhoff and Mayor Youngman; those voting No being Commissioner Smiley. Break - 7:06 to 7:18 p.m. Mayor Youngman Commission policy. declared a break from 7:06 p.m. to 7:18 p.m., in accordance with Staff presentation re zone code revision process and timetable, Included in the Commissioners' packets was a memo from Associate Planner Chris Saunders, dated December 5. Distributed just prior to the meeting was a timetable for the revision process. Associate Planner Saunders noted the City recently completed the 2020 Community Plan, and State statute requires that the zone code be brought into compliance. As a result, Planning staff has met with the Zoning Commission and will continue to work closely with that board throughout the revision process. He noted that his memo includes a list of 104 items to be addressed in the revisions, based on the 2020 Plan and previous City Commission direction and concerns. He indicated that staff will try to remove institutional barriers for the types and styles of development desired and include incentives to support it. The Associate Planner characterized some of the revisions as fairly significant, and stressed the importance of ensuring that those revisions which are shared between the zone code and the subdivision regulations are consistent. Associate Planner Saunders indicated that the proposed timetable is quite aggressive, noting that it provides for the first set of revisions to be effective by January 2003. He stressed that not all revisions are included in the first set, since some issues will require time for research and legal review. He indicated that the current temporary planner position expires at the end of June, and by then he hopes to have the revisions ready for public hearing. Mayor Youngman raised questions about defining affordable housing in the zone code, suggesting it should be coordinated with the affordable housing policy. She also asked about mixed 12-10-2001 -7- use developments and whether changes can be made to accommodate such mixes under the subdivision process as well as the planned unit development process. Responding to additional comments from Mayor Youngman, the Associate Planner stated that setbacks in older neighborhoods can be addressed in a variety of ways. Ne noted that a recent amendment to decrease the side and rear yard setbacks has reduced the number of deviations being requested. He suggested another option might be to have a hearings examiner for certain types of projects, which would essentially be a staff level review, thus reducing the Commission's workload and shortening the time. Commissioner Brown asked if there is any requirement to keep a setback area clean, citing woodpiles and other encroachments as a concern from a safety standpoint. Planning Director Epple noted that one of the main reasons for the side yard setback is so firemen have a way to access the rear of a site, and recognized that storage in those areas could create an impediment Mayor Youngman noted that, not long after the Commission last revised the sign code, one of the sign companies indicated that the City's standards are slightly different from standard size materials. She suggested that, if the standard sizes are very similar to the City's standards, the necessary adjustments should be made, particularly since the result could be more cost effective. Responding to Mayor Youngman, the Associate Planner stated that, in light of the aggressive timetable, any additional comments or suggestions should be submitted within the next week or two. He concluded by noting that he has received a number of letters and comments to date and is continuing to encourage input. The Commission thanked the Associate Planner for his presentation. Informal review - pre-application for minor subdivision to subdivide 40.07 acres owned by Philip Saccoccia into five commercial lots - Lowe's (along the south side of Baxter Drive, east of the Chamber of Commerce) (P-0133) Informal review - concept planned unit development for a phased PUD to develop 40.07 acres into 11 building sites for retail and restaurant establishments - Lowe's (along the south side of Baxter Drive, east of the Chamber of Commerce) (Z-01223) Included in the Commissioners' packets was a memo from Assistant Planner Jami Morris, dated December 10, forwarding the proposal prepared by Morrison-Maierle for Lowe's Home Improvement Warehouse for both the pre-application for a minor subdivision and concept plan for a phased commercial planned unit development on 40.07 acres owned by Philip Saccoccia located between Tschache Lane and Baxter Lane, east of North 19th Avenue and StoneRidge Subdivision. Assistant Planner Jami Morris stated the applicant is seeking informal advice prior to submitting formal applications. She stated the subject 40-acre parcel is located south of Baxter Lane and north of Tschache Lane, immediately east of the Bozeman Area Chamber of Commerce. She noted the applicant proposes to subdivide the site into five lots, with Lot 1 being developed as Phase I of the subdivision. She noted that portions of the property lie within the North 19th Avenue/West Oak Street corridor, the North 19th Avenue entryway corridor or the 1-90 entryway corridor. As a result, development must go through the planned unit development process. She indicated that the north half of the property is zoned M-l, while the south half is zoned B-2. The Assistant Planner stated that the Development Review Committee and the Design Review Board have reviewed this informal application; and their comments are forwarded in the memo dated December 10. She summarized those comments, noting that the key issues seem to be the trail corridor, the Walton's stream/ditch, alignment of North 15th Avenue, orientation of the Lowe's building, drive aisle alignment, and potential pedestrian/vehicular conflicts. 12-10-2001 -8- Responding to Commissioner Kirchhoff, the Assistant Planner noted that under the informal submittal, the back of the building would be toward the interstate, and during the board reviews, it was determined a side presentation would be better. She stated that one option would be to situate the buildings in this subdivision so the backs of the buildings are together, with a service drive separating them. Mr. Keith Belden, Morrison-Maierle, stated that Lowe's Home Improvement Warehouse is interested in proceeding with a formal application that addresses the issues and concerns identified during this informal review as well as code requirements. A new prototype building is being developed for the company; and that new design is to be incorporated into the formal application. He requested input on the requirement for an economic impact study and what is desired from that study, including a specific index or criteria for the study, and how it is to be addressed. He suggested that the 2020 Plan addresses a lot of the issues that would generally be addressed in a study. Mr. Belden stated they plan to build this subdivision out in a phased manner, similar to past projects. He noted that, with the submittal of the major site plan application for Lowe's, they will be submitting the building design and landscaping, pedestrian ways, and any reciprocal easements and agreements that may be necessary; however, they will not be defining any other areas at this time. He stressed that future development must conform to the planned unit development, and concluded by estimating that, within the next six weeks, the formal application and comprehensive planned unit development for the entire parcel will be prepared and submitted to the City. Commissioner Brown stated his support for rotating the building. He then encouraged the applicant to drill wells for irrigation, to alleviate demands on the City's water supply. Commissioner Smiley suggested the possibility of moving the building to the eastern side and rotating it. Mr. Keith Belden cautioned it is important to remember how this site ties to the Bridger Peaks development to the south and the State lands property to the north. He then noted that the informal site plan shows a 20-foot greenway along Baxter Lane; however, a 50-foot-wide greenway is required. As a result, the building will be moved to the south in the formal application. Responding to Commissioner Smiley, Mr. Belden stated that rotating the building has been recommended to hide the rear of the building. He stated that, since the site is bounded by three arterials or entryway corridors, it is difficult to accomplish that requirement. He then noted that North 15th Avenue is to be extended between Tschache Lane and Baxter Lane; and its alignment will influence the locations of the buildings. He indicated that the standard alignment for the street would be on the mid-section line, which is where Walton's stream/ditch is located. As a result, he indicated the street will probably be relocated, but he is not certain what the new alignment will be. Mayor Youngman noted that allowing the stream/ditch to remain as amenity is important. She suggested that Baxter Lane be identified as the major entrance to this development, particularly since its intersection with North 19th Avenue is signalized; and having it as attractive as possible from that frontage would be good. She stated the criteria used for the WalMart economic study could apply to this project as well, noting that their study was not specific enough in addressing the local housing market and the types of jobs created. She cautioned that Iow-wage jobs can impact the local housing market and potentially lead to increased housing prices. Responding to Mr. Belden, the Mayor stated that Lowe's paying a living wage would not completely diffuse the need for a study. She reiterated the importance of identifying demands on the housing market in conjunction with the wages. She also noted there are other elements in the study that are important, and those elements vary with each large business. Commissioner Kirchhoff noted that the study done for WalMart covered most of the categories in which the Commission is interested. 12-10-2001 Commissioner Brown stated the table in the WalMart study was difficult to understand, noting that was actually the crux of the study. He recognized that preparing a study without sales tax information is difficult. Mayor Youngman stated that, rather than wage averages, the Commission needs ranges and numbers of employees at various levels. City Manager Johnson drew attention to Pages 60 and 61 of the Bay Area Economics study, noting they contain the conclusions. He noted they missed the net effective impacts on existing businesses and how many jobs would be lost, possibly as competitors cease to exist, as well as the change in wages that could result. He cautioned that going from a living wage to a lower wage has an effect on one's ability to live in the community. He also noted that the study identifies impacts on downtown businesses, including those that would be directly affected and those that would be affected in other ways. Commissioner Brown recognized that the Home Depot proposal could make the impact analysis more complicated, particularly since both stores are large, with many similarities and considering locating in Bozeman on a similar timeframe. Commissioner Kirchhoff noted that national big box chains are not only difficult to absorb economically, but as sites on the community's landscape. He encouraged real urban design rather than "rectangles fronted by 1,000 parking spaces". He voiced an interest in seeing a proposal that includes urban design and the building built to the street, masking the parking area. He also indicated appreciation for efforts to design a site that is compatible with the human being. Mr. Belden noted that it is somewhat difficult to move forward with this concept plan while the company's prototype to address urban issues is being developed. He suggested that the new design will be somewhat responsive to the City's needs, and indicated it will be submitted to the Design Review Board for their comments before the formal application is presented. He then noted that they are looking at various ways to provide pedestrian access and a trail system that is acceptable to the Recreation and Parks Advisory Board. Mr. Jack Mandel, Site Development Manager for the western area for Lowe's, asked if approval of the application could hinge on the proposed wages in the economic impact study. Mayor Youngman responded the expectation would be that the company mitigate the issue. She noted that positive impacts may be included in the study as well as negative impacts, but the company will be expected to address the net negative impacts in a practical manner. Mr. Mandel voiced concern that he has not encountered this type of requirement in the number of projects that he has done. He noted that they create a significant number of jobs in a community and typically pay 20 to 25 percent more than the industry standard. He also cautioned that it will be tricky to evaluate possible impacts, particularly when two similar companies are vying to come into the community at the same time. Commissioner Brown noted that, the lower the wages, the more likely impacts on affordable housing will need to be mitigated. Responding to Commissioner Brown, Mr. Mandel stated the new prototype is a different footprint and exterior elevation, and the company has received approval to build it in areas with design concerns similar to those voiced here in Bozeman. He then concluded by reading an excerpt from the company's annual report, stressing that they believe in quality customer service and well-trained employees, and they provide a good reward and benefits package and link personal and corporate success, The Commission thanked Mr. Belden and Mr. Mandel for the opportunity to conduct this concept review. 12-10-2001 10- Renewal of beer, wine and liquor licenses for Calendar Year 2002 This was the time set for renewal of Beer, Wine and Liquor Licenses for the Calendar Year 2002. A total of 49 applications have been received, along with the required fees. Included in the Commissioners' packets was a list of the establishments which have made application and paid the required fee, as follows: APPLICATIONS FOR BEER, WINE AND LIQUOR LICENSES CALENDAR YEAR 2002 APPLICANT Albertson's Food Center #2006 200 South 23rd Avenue American Legion Club 225 East Main Street Anaconda Molly Brown Corp. 703 West Babcock Street Bozeman Apple, Inc. dba Applebee's 1108 North 7th Avenue The Bay Bar & Grille 2825 West Main Street Empire Lounge, Inc. dba Black Angus 520 West Mendenhall Street Boodles, Inc. 215 East Main Street The Bozeman Bowl 414 East Babcock Street R & N Corporation dba The Bozeman 321 East Main Street The Burrito Shop 203 North 7th Avenue The Cannery Lounge 43 West Main Street Casa Sanchez Restaurant 719 South 9th Avenue Corner, Inc. dba Casey's Corner 4135 Valley Commons Drive Cateye Caf~ 23 North Tracy Avenue BEER WINE LIQUOR TOTAL 200 $ 200 $ $ 400 500 500 500 500 500 500 500 5O0 500 500 500 500 500 500 500 500 200 200 500 500 200 200 400 200 2O0 4OO 2OO 2OO 4OO 12-10-2001 The Cat's Paw 721 North 7th Avenue Colombo's Pizza & Pasta 1003 West College Street Community Food Co-op 908 West Main Street Costco Wholesale #96 2505 Catron Street S.M.B., Inc. dba Crossroads/ The Wine Merchant 27 East Main Street Fraternal Order of Eagles Aerie No. 326 316 East Main Street Ferraro's Fine Italian Restaurant 726 North 7th Avenue Jopat, Inc. dba Fuddruckers of Bozeman 2905 West Main Street Rocky Mountain Restaurant Services, LLC dba Godfather's Pizza 200 South 23rd Avenue GranTree Conoco 1417 North 7th Avenue GranTree Lounge 1325 North 7th Avenue Hinky Dinky Superette 5 Tai Lane Bozeman Restaurant & Lounge, Inc. dba Cantrell's, Holiday Inn 5 Baxter Lane Holiday Station Store #305 1951 Durston Road JW's Hide-A-Way Lounge, Inc. 1631 West Main Street Joe's Parkway 903 West College Street Kagy Korner, Inc. 1809 South Tracy Avenue 11- 200 2OO 200 2OO 200 200 200 200 2OO 200 2OO 2OO 200 200 200 200 2OO 200 200 500 5OO 5OO 500 5OO 5OO 5OO 5OO 4OO 4OO 4OO 200 5OO 5OO 500 4OO 4OO 5OO 4OO 5OO 4OO 5OO 4OO 4OO 12-10-2001 Kwik Way #32 401 East Peach Street Lewis & Clark Family Restaurant 824 West Main Street Gallatin Lounge Corp. dba Lucky Lil's Casino 2401 West Main Street Bozeman Casino, Inc. dba Magic Diamond Casino 1615 West Main Street Mini Mart #728 717 West College Street Mini Mart #729 1910 West Main Street Rocking R Bar 211 East Main Street Santa Fe Reds 1235 North 7th Avenue Hard Times, Inc. dba Scoop Bar 712 West Main Street Smith's Food & Drug #170 1400 North 19th Avenue Spanish Peaks Brewing Co. 14 North Church Avenue The Store, Inc. 1210 East Main Street Town Pump of Bozeman #1 803 East Main Street Town Pump of Bozeman #2 2607 West Main Street Valley View Golf Club 302 East Kagy Boulevard Van's County Market 912 North 7th Avenue Williams Pump & Pak, Inc. 2020 North 7th Avenue Wine Gallery 102 South 19th Avenue Total - 49 ApplicatiOns -12- 200 200 200 200 200 20O 200 200 2OO 2OO 200 200 5,200 200 200 200 200 200 200 200 2O0 200 2O0 200 200 5,200 500 5OO 5OO 500 5OO 5OO $11,000 400 4OO 500 400 400 400 5OO 5OO 5OO 4OO 5OO 4OO 4OO 4OO 5OO 4OO 4OO 4OO $21,400 12-10-2001 -13- The City Manager recommended that the Commission approve the applications as submitted. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the Commission approve the renewal of Beer, Wine and Liquor Licenses for Calendar Year 2002 for the various establishments as listed above. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown and Mayor Youngman; those voting No, none. Public hearin(~ - Conditional Use Permit - Bridt;er Headlands Group, L.L.C. - amend conditions for approval of Headlands Planned Unit Development to eliminate requirement to install a pedestrian trail alone the south side of the proposed subdivision street identified as Headlands Drive (Tract A, COS No. 2220) (alon.q south side of Bridget Drive, al)proximately one-quarter mile east of its intersection with Story Mill Road) (Z-O1104A) This was the time and place set for the public hearing on the Conditional Use Permit requested by Bridger Headlands Group, L.L.C., under Application No. Z-01104A, to amend the conditions for approval of the Headlands Planned Unit Development to eliminate the requirement to install a pedestrian trail along the south side of Headlands Drive, as set forth in Condition No. 4. The subject property is described as Tract A, Certificate of Survey No. 2220, and is located along the south side of Bridget Drive, approximately one-quarter mile east of its intersection with Story Mill Road. Mayor Youngman opened the public hearing. Senior Planner Dave Skelton presented the staff report. He reminded the Commission that, on August 6, they voted to approve both the preliminary plat and the conditional use permit for the Headlands Planned Unit Development. Under those applications, a 32-1ot single-family residential development was approved, with Headlands Drive being a private street for which the requirement of curb, gutter and sidewalk was waived. In conjunction with the PUD, pedestrian circulation was discussed extensively; and the applicant is seeking clarification of that discussion and the condition subsequently imposed. The Senior Planner reminded the Commission that, in the original approval, Condition No. 4 for the conditional use permit reads as follows: .. That the applicant install a six (6) foot wide pedestrian pathway along the south side of the private street, of similar polymer surfacing materials as proposed with the Bridger Drive pathway, separated from the street by the drainage swale on the south side, and that the site plan be revised accordingly, noting the location of the pathway, for review and approval prior to final site plan approval. He then stated that the Design Review Board considered this application at its meeting on November 27, and forwarded its recommendation that the condition be revised to read as follows: .. That the applicant be required to install a pedestrian pathway along the south side of Headlands Drive that will link the residential neighborhood clusters located in each of the subdivision cul-de-sacs with one another and the parkland, that the final width and location of the pathway be designed by the applicant and staff to provide a more natural and informal meandering pathway, and that the minimum width of the pathway comply with required ADA standards; and that the applicant provide a typical detail of the pathway for review and approval prior to obtaining final site plan approval. Senior Planner Skelton stressed that the applicant plans to construct the trail along the south side of Bridger Drive, in the space between Bridget Drive and Headlands Drive; the only trail in question is the interior trail, along the south side of Headlands Drive. 12-10-2001 14- Responding to Commissioner Kirchhoff, the Senior Planner noted that various trail alignments had been discussed for the interior trail; and it was finally determined that trail should be located along the south side of Headlands Drive, where it will have less impact on the homes in and around this subdivision. Mr. Van Bryan, architect representing the applicant, gave a history of the project, noting one desire was to provide an amenity to the community through development of a public trail that would help connect the Gallagator Trail to the "M". After considering various options and locations and the negative public comment on some of those options, they determined that locating the trail along the south side of Bridger Drive was most appropriate. He stated the streets off Headlands Drive that provide access to the clusters of houses are less than a block long, and they have turn arounds at the end that are wide enough to accommodate on-street parking. He acknowledged that there has been significant discussion about whether residents of the subdivision would cross Headlands Drive to use the trail along Bridget Drive to access other homes in the subdivision or the trail at the east end of the subdivision. Mr. Bryan stated that, as this application moved through the various boards, it was their impression that the Design Review Board gave them the option to do both trails and the Development Review Committee reinforced it. He noted the Planning Board recommended that the trail not be an impervious material and indicated the trail on the south was completely unnecessary. However, the resolution from that meeting clearly states the trail is to impermeable, and does not eliminate the trail on the south side of Headlands Drive. Mr. Bryan noted that he did not realize until after the Commission's action on the planned unit development that the incorrect language was in the resolution; and the minutes from the Commission meeting did not reflect the requested change in the conditions. He stated that he discussed this matter with the Planning Board members at their next meeting, and they agreed it was their intent to allow an impervious surface and to not require the trail along the south side of Headlands Drive. Mr. Van Bryan concluded his presentation by stressing it was never their intent to eliminate the trail between Bridger Drive and Headlands Drive; in fact, they have begun the work on berming that portion of the site in preparation for planting trees and constructing a trail. He noted that this trail will serve as a link to the park as well as provide an amenity to the city. Mr. Joe Hamner, 111 Michael Grove Avenue, asked how far off Bridger Drive the trail is to be located and how wide it is to be. Ms. Alex Phillips, 9 South Bozeman Avenue, voiced concern that the Commission has recently received two requests to not provide alternative modes of transportation, which results in continuing to design for cars, not for people. She asked how the trail is to flow into Bridger Drive, cautioning that if bicycles going into town use the trail, they will be on the wrong side of the street at the end of it. She concluded by voicing her support for a second path on the south side of Headlands Drive to accommodate walkers and to encouraging walking. She cautioned, however, that a meandering path is not practical for those headed to a specific destination. Ms. Cindy Mernin, 1311 Hillside Lane, stated she lives adjacent to this subject property. She noted that, once one crosses Story Mill Road, the area is very definitely rural. She stressed that there is no population density in this area, and there are no sidewalks extending from the city to this site. As a result, she does not feel sidewalks are necessary; and she feels that the trail between Bridger Drive and Headlands Drive should be sufficient. Mr. Van Bryan stated the trail along Bridger Drive is to be six feet wide and indicated they are planning a gravel base. He noted that Bridger Drive is located in a 60-foot right-of-way, so the trail will be 20 to 40 feet from the road. He suggested that the clusters of housing will promote a sense of privacy and he envisions the turn arounds as a place for the children in a cluster to play. Commissioner Smiley voiced her support for eliminating the trail on the south side of Headlands Drive. 12-10-2001 15- Commissioner Brown voiced his concurrence, stating he doesn't see the need for trails on both sides of the street in this rural setting. Responding to Commissioner Kirchhoff, Mr. Bryan stated that Headlands Drive is located in a 60-foot right-of-way. He characterized the elimination of the trail along the south side as a privacy issue and consistent with the rural setting. He encouraged the Commission to consider the number of parallel transportation elements in a narrow space if both trails are required. Commissioner Kirchhoff indicated his support for having the trail along the south side of the street remain. Mayor Youngman stated that if there is a trail on only one side of the street, those living on the other side will use the street rather than crossing to the trail. She stated that, although there will not be a high density in this area, there will be enough people moving to and from the park that having a convenient and safe way of doing so is important. Because the trails are needed for two different purposes, she supports requiring both of them. Mr. Bryan cautioned that the trail along the south side of the street will cross all of the cul-de- sac streets while the trail along the north side will have no vehicular conflicts, making it safer for children to use. He then indicated that Commissioner Frost had voiced strong support for not requiring the second trail at the Design Review Board meeting. As a result, he indicated a willingness to wait a week, until a full Commission is present, for the decision. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that action on this application be tabled one week, until a full Commission is present. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown and Mayor Youngman; those voting No, none. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1) Copy of an interoffice memo from Director of Public Service Arkell directing staff to install 25-mile-per-hour signs along Woodland Drive. (2) Copy of a request from the Park and Gallatin Citizens' Alliance to show opposition to coalbed methane drilling at the Bridger Canyon Planning and Zoning Commission meetings to be held on December 13, 2001 and January 10, 2002. (3) E-mail from Bill Ranard, Secretary of the Bridger Creek Subdivision Community Association, voicing concern that the snow route map does not include the Bridger Creek Subdivision. (4) Copy of a memo from the Gallatin County Commission to the Transportation Coordinating Committee, dated November 20, urging that the mass transit component of the 2001 update be pursued. (5) Letter from Greg Metzger, Montana Furniture Industries and Montana Furniture Galleries, regarding the proposed living wage. (6) Letter from Sky Sterry and Trisha Wookey, Wookey Backpacks, regarding the living wage ordinance. (7) An informational packet entitled Living Wage Successes: A Compilation of Living Wage Policies on the Books, as prepared by ACORN and submitted by Montana People's Action. 12-10-2001 -16- (8) Copy of a notice of informal work session of the Zoning Commission, to be held on December 12. (9) Headwaters Recycling newsletter, announcing that the next meeting is scheduled for December 12 in Three Forks. (10) Agenda for the School District//7 Board of Directors meeting to be held at 7:00 p.m. on Monday, December 10, at the Willson School. (11) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, December 11, at the Courthouse. (12) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, December 11, at the Professional Building. (13) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, December 11, at the Professional Building. (14) Copy of the draft interlocal agreement between the City and the County forwarded by the City Planning Board and the Gallatin County Planning Board. Planning Director Epple indicated that he will get color copies of one of the charts for the Commissioners since the copies are difficult to interpret. Commissioner Brown stated his appreciation for receiving this draft copy. Planning Director Epple noted that forwarding a document signed by both boards is gratifying, and voiced his hope that the governing bodies will accept the document. (15) Anonymous letter from a Bozeman resident voicing concern about the "Stop War" stickers that have been attached to stop signs in the downtown area. (16) City Manager Johnson reminded the Commission that Mr. Schuel recently sought a zone code amendment to allow the sale of alcoholic beverages in restaurants located in the M-1 zone. He suggested, in light of the Commission's apparent disappointment that the requested amendment would not meet his needs, an alternative amendment could be considered. He proposed that, in the M-1 zone, restaurants which are ancillary to the primary purpose or function of manufacturing be made a conditional use rather than restaurants being listed as permitted uses. The Commissioners indicated they would like to entertain such an amendment and noted they would also be willing to consider an amendment to allow restaurant beer and wine licenses in that situation. (17) Planning .Director Epple submitted the following. (1) Noted that personalized copies of the 2020 Community Plan have been distributed to the Commission and key staff members. (2) Noted that some of the Commission's concerns regarding big box stores are being addressed through conditions at this time, although those items should probably be included in the zone code. (3) Stated that last week's work session with the Design Review Board seemed to be productive. (4) Indicated he has received an application to amend the 2020 land use plan, noting that application is for a parcel in the StoneRidge Subdivision. He noted the 2020 Community Plan indicates proposals for amendment will be considered annually, and suggested the Commission formalize a policy on what is considered annual. (18) Director of Public Service Debbie Arkell submitted the following. (1) Noted that street cuts will be needed in South Church Avenue for the recently approved Dunbar Building and Frazier Terrace Building. She cautioned that, while the applicants may install fire lines without problem, the street was overlaid in 1997, triggering the seven-year moratorium on street cuts. She stated that the applicant needs to install sewer, water and storm sewer lines in addition to the fire lines. She forwarded staff's suggestion that, since the applicant may already cut the street for the fire lines, he be allowed to install the other lines, but that he be required to repave the west side of the street 12-10-2001 -17- between the two outside edge cuts; the Commissioners concurred. (2) Stated that earlier today, she attended a 5¼-hour meeting with the Montana Department of Transportation regarding the West Main Street/19th Avenue intersection improvements and the South 19th Avenue project. (19) Mayor Youngman submitted the following. (1) Noted that the Recreation and Parks Advisory Board dinner and the Gallatin Development Corporation meeting are being held on the same night. A majority of the Commissioners indicated their intent to attend the GDC meeting; and Mayor Youngman appointed Commissioner Brown to take the minutes for that special meeting. (2) Stated she has been asked to write a letter of support to the open lands board on behalf of the Commission for the 100-acre park; a majority of the Commissioners concurred in writing of that letter. (3) Asked if the Commissioners want to receive more detailed information on the Northeast Neighborhood Alliance's proposal for a pocket park at next week's meeting. After discussion, it was determined that staff would not be able to provide the needed information by next week. (4) Stated she participated in dedication of the domestic violence shelter as an official peace site, noting that she has also been asked to designate Bozeman as an official peace city. (5) Announced that an open house is being held at the Victim Witness offices from 3:00 p.m. to 5:00 p.m. on Thursday, December 13. (20) Mayor Youngman noted that the Bridget Canyon Planning and Zoning Commission is conducting a hearing on amendments to its regulations on December 13 and a hearing on JM Huber's proposal for a test well on January 10. She asked if the Commissioners wish to simply forward the previously approved letter for the January 10 hearing or if they feel the City should provide input at both hearings. The Commission concurred that the City's input should be provided at both meetings; Mayor Youngman indicated she will represent the City at this week's hearing. (21) Commissioner Brown noted that the open space bond issue for the County sold at a good interest rate. (22) Commissioner Kirchhoff voiced his interest in looking into the possibility of designating an area as the community's core area and implementing an impact fee reduction zone in that area. He recognized there are a variety of issues to carefully consider, including current litigation and possible financial impacts. The Commissioners voiced their support for looking into this possibility, noting it could provide an incentive for infill development. Adjournment - 9:35 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown and Mayor Youngman; those voting No, none. MARC~GM~ ATTEST: Clerk of the Commission 12-10-2001