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HomeMy WebLinkAbout2001-11-26 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA November 26, 2001 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, November 26, 2001, at 6:00 p.m. Present were Mayor Youngman, Commissioner Brown, Commissioner Frost, 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. 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 and February 7, 2000, and January 30, November 13 and November 19, 2001 Mayor Youngman deferred action on the minutes of the meetings of January 18 and February 7, 2000, and January 30, November 13 and November 19, 2001 to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Exemption from subdivision review for the relocation of common boundary lines outside of a platted subdivision, within the SE 1/4 of Section 31, TlS, R6E and the NE 1/4 of Section 6, T2S, R6E, PMM, Tracts I and 2, COS 2207 - Carroll and Vera Henderson {southeast corner of intersection of Bridger Drive and Griffin Drive) (E-0122) Authorize City Manager to sign Agency A(~reement for Electric Power Supply with Montana League of Cities and Towns, Inc. Building Inspection Division report for October 2001 Claims It was moved by Commissioner Brown, seconded by Commissioner Frost, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff and Mayor Youngman; those voting No, none. Kennel License Application - Curt Vogel and Kate Cremer-Vogel, 1217 South Grand Avenue - Calendar Year 2001 Included in the Commissioners' packets were a copy of the application for kennel license and a letter of opposition to the requested application from Arnold C. and Rhoda E. Craig, 1216 South Grand Avenue. Animal Control Officer Connie Lien stated she has not made a written recommendation on this request. She noted that the vaccinations for all of the animals are up to date and the yard is fenced. 11-26-2001 2- She stated, however, the yard is fairly small; and the applicants have five dogs, three of which are kept outside much of the time. Also, theY have five cats, which she was assured are kept indoors on a full-time basis; however, the letter of complaint indicates that the cats are not kept indoors at all times. She concluded by indicating that she has received complaints about the outdoor dogs barking; and she could support the kennel license only if conditions are attached that require no dogs barking and the cats being kept indoors at all times. Ms. Kate Vogel, applicant, acknowledged that she told Animal Control Officer Lien the five cats stay indoors; however, she noted one cat does go outside. She noted it is her understanding that the neighbors are complaining about three cats; however, only one of those cats belongs to them. She stated that, to address the barking concerns, they recently purchased two bark collars and put them on their dogs today. Ms. Kate Gardner, 1215 South Grand Avenue, stated she is their nearest neighbor, sharing a Iow common fence. She stated her only objection is to the noise from the dogs, which seem to be happy and well taken care of. She noted the bark collars should help, and indicated she has no problem with the kennel license as long as the animals are taken care of and quiet. She then noted the neighborhood is besieged with cats, but confirmed that only one of them is a Vogel cat. out. Ms. Kate Vogel indicated that the cat issue can be addressed simply by not letting their cat Commissioner Smiley stated she feels bark collars should be required for all of the outdoor dogs. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the kennel license application submitted by Curt Vogel and Kate Cremer-Vogel, 1217 South Grand Avenue, for Calendar Year 2001 be approved, subject to the following conditions: That the dogs which are allowed to be outdoors shall wear bark collars at all times when they are outside. 2. That the cats be kept indoors at all times. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown and Mayor Youngman; those voting No, none. Review of CDBG Economic Development Loan per Review Committee recommendation - Li(3oCvte Pharmaceuticals, Inc. Included in the Commissioners' packets was a copy of the application for a Community Development Block Grant Economic Development Loan, as submitted by LigoCyte Pharmaceuticals, Inc. Alicia Bradshaw, Executive Director of Gallatin Development Corporation (G DC), forwarded the application on behalf of the Loan Review Committee and GDC. She briefly reviewed the request for funding and forwarded the Committee's recommendation for approval of the $200,000 loan at five percent interest for five years. She noted this seven-year-old company has a $1.1 million annual payroll. The applicant projects that, by 2004, the company will have 100 employees averaging $44,000 annually. She noted this is a clean, high tech company; and 65 percent of its employees are graduates of either Montana State University or the University of Montana. She noted that the company was good stewards of their previous loan and recommended approval of this application. Mr. Mike McCue, President of LigoCyte Pharmaceuticals, gave a power point presentation on their biotechnology company, noting they do research and preliminary work on drugs and vaccines. At the present time, they are taking advantage of the explosion in genomics and have seven drug development programs in place, using three different technology platforms. He stated they have also 11-26-2001 -3- developed relationships with large pharmaceutical companies, who are vital in the final steps of testing and marketing. Mr. McCue stated the company currently has 28 FTEs, with an average annual salary of $48,600. One employee, who works 32 hours per week as a receptionist, makes a wage lower than the proposed living wage but, with benefits has an income of over $11.00 per hour. Mr. McCue reviewed the company's sources of funding, including grant monies from the Department of Defense and the National Institute of Health. He indicated that their business model is partner driven, and they partner with large pharmaceutical firms after developing to a certain stage. He then reviewed the company's plans for the future, which include out licensing of a lead compound during the first quarter of next year and a private equity placement with DADavidson by mid year. He stated this requested loan will provide bridge financing for the company, while they close on these two items. He noted that twelve new positions are anticipated in the first half of next year, at an estimated average salary of $55,000. He concluded by stating Bozeman provides a positive climate for their company and requested approval of this application. Responding to Commissioner Frost, Mr. McCue stated that the bridge financing will help them meet capital needs through the middle of next year. He then noted that the company received a similar loan in June 1998, when they had one full-time employee. The company has since added 27 new positions and anticipates adding more positions under this application. He then indicated the company occupies 9,600 square feet in the Advanced Technology Park and is looking for 20,000 to 30,000 square feet inside city limits so they can expand their facilities. Further responding to Commissioner Frost, Mr. McCue stated they feel privileged to have this company located in Bozeman, noting that most other companies of this type are located in Boston, the Bay Area and San Diego. He stated the environment here is great, and MSU and the U of M provide well prepared students. Responding to Commissioner Kirchhoff, Mr. McCue estimated that 75 percent of their revenue stream is from public contracts while the remaining 25 percent is from working with private companies. He noted that being in Montana does result in limited access to significant capital since most venture partnerships want to invest close to their locations; thus, LigoCyte must look for alternative financing options. City Manager Johnson noted that the City typically requires financial commitments by the partners involved in the company seeking a loan. In this instance, he noted the applicant has offered a $50,000 Certificate of Deposit in lieu of that requirement. The Commissioners concurred that the alternative would be acceptable. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the application for a Community Development Block Grant Economic Development Loan in the amount of $200,00, as submitted by LigoCyte Pharmaceuticals, Inc., be approved, with the loan being at five percent for a five-year period and being secured by a $50,000 Certificate of Deposit. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost and Mayor Youngman; those voting No, none. Informal review - Home Depot Included in the Commissioners' packets was a memo from Assistant Planner Karin Caroline forwarding a proposed major site plan for the construction of a Home Depot store in Phase IV of the StoneRidge Subdivision. Also included in the packet was a letter from James Kane, dated November 20, forwarding questions and concerns which he feels need to be addressed in consideration of this informal application. Assistant Planner Caroline provided a brief overview of the proposed major site plan, noting the applicant is seeking informal input from the Commission prior to submitting a formal application. 11-26-2001 -4- She noted the application is for a 94,589-square-foot building supply store with an 18,000-square- foot outside garden center along the west side of North 19th Avenue immediately north of Tschache Lane. She stated that this application has been reviewed by the Development Review Committee and the Design Review Board. Issues identified during those reviews include signalization of the intersection of Tschache Lane and North 19th Avenue, paving of Tschache Lane, providing a slip lane for southbound traffic to access the site, lighting, landscaping and other outdoor amenities, additional pedestrian ways from the greenway to the building, protection of the stream corridor and wetlands area, placement of the building, location of the parking lot, and redesigning the northeast corner and entrance of the building. She stated the design of the building is a new prototype for Home Depot, with different architectural treatments from the typical store. She also noted that the size has been scaled down 20 percent from the usual 115,000-square-foot building. The Assistant Planner stated the subject site is located in Phase IV of the StoneRidge Planned Unit Development and, on the initial plans, was identified as the site for a regional convention center and hotel complex. Finalizing of Phase IV of this subdivision must accompany consideration of the major site plan for this retail store. Mr. Lowell Springer, architect representing the applicant, characterized the Design Review Board's response to this proposed project as good, noting they provided some good input on how to make it better. He indicated his intent to revise the plans to make the building more pedestrian accessible, with an employee picnic area and amenities along the open space in the wetlands area, and a roofed walkway between the pickup area and main entry. He stated this site has been earmarked for regional development from the beginning of the subdivision process, with 500 parking spaces projected for the convention center and motel previously planned. Responding to Commissioner Kirchhoff, Planning Director Epple confirmed that the land use designation in the 2020 growth plan for this site is business park, and it is zoned M-1. He acknowledged that, at first glance, it appears there is a conflict between the master plan and the type of development proposed; and staff needs to explore those designations further in conjunction with the overall StoneRidge PUD approval. He confirmed that this property has been identified for a regional development, and the subdivision's representatives have indicated a convention center development does not appear feasible at this time, particularly in light of the GranTree's current expansion. He suggested that modification of the planned unit development will be necessary to accommodate this requested retail development. Further responding to Commissioner Kirchhoff, the Planning Director stated that through the planned unit development process, the list of available uses can be expanded beyond those listed in the zone code. He recognized that, in this instance, the question is whether the preliminary approval for a convention center can be transferred to a regional retailer, and requested Commission input on that issue. Mr. Lowell Springer noted that lumber and hardware sales are included in the listed uses for the "M-1" zoning district. Responding to Commissioner Frost, Mr. Springer stated that there are parties interested in the two outparcels at the corners of the site which is to house the Home Depot. He noted that one is an ice cream retailer and the other is a restaurant. Those two buildings will be closer to North 19th Avenue than the Home Depot building; and traffic on North 19th Avenue will see those buildings, the pond and open space, and then the parking lot and larger building. He suggested that, through the use of berming and landscaping between the two outparcels, the visual impacts of the parking lot can be minimized. He indicated that the parking has been divided, with 331 spaces in the front lot, 134 spaces along the side and 33 spaces in the back lot, for a total of 498 parking spaces; and that is close to the 550-space minimum that Home Depot has for its parking requirements. Further responding to Commissioner Frost, Mr. Springer stated that two accesses are proposed to relieve traffic congestion, stressing that the two accesses have been anticipated throughout consideration of the preliminary subdivision and planned unit development, with the access across from Commerce Way probably being a right~in/right-out only access. He then indicated that the 11-26-2001 -5- sidewalk in front of the building is to be 8 feet wide, with a 22-foot-wide outdoor display area abutting a portion of the building. Responding to Commissioner Brown, Mr. Springer stated that the ice cream parlor and restaurant are to provide their own parking although, through the addition of a pedestrian way, it may be possible to share a portion of the parking. Responding to Commissioner Frost, Mr. Springer stated the lighting fixtures will be lowered from 24 feet to 20 feet and will be the shoebox fixtures used throughout the StoneRidge PUD. Commissioner Kirchhoff stated he concurs with the Design Review Board's suggestion that the building should be located closer to the street, suggesting that conflicts between trucks and passenger vehicles could be addressed through design. He stressed that this revision could also alleviate potential negative impacts on the waterway and wetlands area. Mr. Lowell Springer stated that, with the proposed plan, the 35-foot stream corridor setback can be met. He then noted that there was no water in the stream this past year, although they had anticipated using that source of water within the development. He indicated that, in conjunction with this development, the stream enhancement, pond and wetlands enhancement on the property to the south are to be completed. Responding to Commissioner Brown, Mr. Springer stated that irrigation wells are being used in Phase I, and they also plan to use wells for this development. Mayor Youngman stated that she, too, is concerned with the parking lot between North 19th Avenue and the building, and suggested rotating the building so it backs onto Tschache Lane could help to address some of the concerns identified. Responding to Mayor Youngman, Mr. Springer stated that trees are to be planted in the greenbelt and in the street right-of-way, and he proposes to meander the path among the trees and berms as much as possible to provide interest and variety. Commissioner Brown noted that, with the proposed location of the building, it will look smaller to the traffic moving south, and the traffic moving north will be facing away from the site and won't get the full impact of the building's size. He then voiced his appreciation for the redesigned structure. He indicated that his impression is overall favorable; and he likes the smaller building and the efforts to soften its impact. Commissioner Smiley stated she feels no additional parking should be provided for the ice cream parlor and restaurant; rather, the parking proposed on this plan should be adequate for all three businesses. She recognized that some of the parking and landscaping may need to be rearranged to accommodate the sharing of parking areas. Commissioner Kirchhoff stated he feels retail business along North 19th Avenue conflicts with traffic moving to and from the city; and he is concerned about the safety issues that will arise. Mayor Youngman noted that WalMart volunteered to complete an impact study and mitigate identified impacts in conjunction with its requested expansion. She voiced her interest in treating large retailers consistently, and suggested that some mitigation may be required in conjunction with this application as well. She then voiced her support for the smaller design and the corner anchorings. The Commissioners thanked the applicant for this opportunity to provide input prior to consideration of a formal application. Break - 7:20 to 7::30 p.m. Mayor Youngman declared a Commission policy. break from 7:20 p.m. to 7:30 p.m., in accordance with 11-26-2001 -6- Continued public hearin.q - Major Site Plan - Morrison-Maierle and Lone Ea.qle Investments - allow construction of a 39,958~square-foot office buildin~ on Lot 2, Block 1, Advanced Technolo.qy Park Subdivision, Phase II (southwest corner of intersection of South 19th Avenue and West Colleqe Street) (Z-01171 ) This was the time and place set for the continued public hearing on the Major Site Plan requested by Morrison-Maierle and Lone Eagle Investments under Application No. Z-01171, to allow construction of a 39,958-square-foot office building on Lot 2, Block 1, Advanced Technology Park Subdivision, Phase II. The subject property is located at the southwest corner of the intersection of South 19th Avenue and West College Street. Mayor Youngman opened the public hearing. Assistant Planner Karin Caroline presented the staff report. She stated that staff has reviewed this application in light of the criteria set forth in the zone code, and staff's comprehensive findings are contained in the written staff report. She briefly highlighted those findings and forwarded staff's recommendation for approval, subject to 37 conditions. She briefly highlighted some of those conditions, showing the Commissioners a color picture of the type of architectural features anticipated under Condition No. 8 and noted that Condition Nos. 36 and 37 are additional conditions recommended by the Design Review Board. Responding to Commissioner Kirchhoff, the Assistant Planner indicated this building is to be located along the east side of Technology Boulevard, behind the Nopper Building. Mr. James Nicholson, Morrison-Maierle, introduced the design team. He indicated this project has been reviewed and approved by the Advanced Technology Park board and encouraged Commission approval. Mr. Gary Eberhard, ReMax Realty, stated his real estate company has the exclusive listing for the Tech Park. He briefly highlighted the history of the 90-acre Advanced Technology Park and existing development within it. He noted that this building, along with the ten existing buildings in the park, will provide a total of 180,000 square feet of building space. He showed the Commission pictures of the existing buildings in the park, noting they reflect a variety of designs. Responding to Commissioner Kirchhoff, Mr. Eberhard recognized that this building is "less ornamented" than other recently-constructed buildings in the park, and noted it is more in keeping with a suburban office park than some of the existing buildings. Mr. Dick Clotfelter, Lone Eagle Investments, stated he has lived in Bozeman for the past four years. He has been approached by a pharmaceutical company with ties to MSU that needs space. He noted the primary tenant is anticipated to occupy 75 percent of the new building with another tenant occupying the remainder and being phased out as the primary tenant needs more space. He stated it is his intent to provide a simple, clean building with a significant amount of windows and heavy landscaping. He indicated that a working pond using underground water and a recycling system will provide a nice setting for a sitting area. He concluded by showing the Commissioners a color palette for the building. Responding to Commissioner Kirchhoff, Mr. Clotfelter indicated that, even though there is some interaction between tenants within the tech park, no pedestrian transportation system is proposed besides the sidewalk system. No one was present to speak in opposition to the project. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the Major Site Plan requested by Morrison-Maierle and Lone Eagle Investments under Application No. Z-01171, to allow construction of a 39,958-square-foot office building on Lot 2, Block 1, Advanced Technology Park Subdivision, Phase II, be approved subject to the following conditions: 11-26-2001 -7- The final site plan shall show a detail of the proposed "pedestrian bridge" near the water feature and driveway entrance. The final site plan shall show any rooftop mechanical equipment proposed for the building. Applicant shall provide a "blow-out" rendering showing how the rooftop equipment is screened behind proposed parapets. Applicant shall also provide cut sheets for the specific mechanical equipment, which show quantity and size of the proposed equipment. All rooftop and/or ground-mounted mechanical and utility equipment, including ground-mounted mechanical power and telephone boxes, shall be noted and shown accordingly on the final site plan, landscaping plan, and exterior elevations. Typical detail(s) illustrating the materials, color, and method of screening used to screen the equipment from adjacent properties and public streets shall be provided and noted accordingly on the final site plan, for review and approval prior to final site plan approval. To reduce the conflict between placement of proposed landscaping and parking lot lighting, the final landscaping plans shall show the proposed parking lot lighting locations. ,, Within the open space near the water feature, the applicant shall provide pedestrian amenities such as picnic tables, benches, or other amenities within a courtyard-like setting for the enjoyment of employees and Technology Park guests. Details and location shall be shown on the final site plan. Location of all water, sewer and utility lines shall be shown on all plans: final site plan, final landscaping plan, and stormwater drainage plans. Color and material palette must be submitted to the Planning Office for review and approval prior to any approval of final site plan or issuance of building permits. The final site plan shall adequately dimension all two-way drive aisles, off-street parking back-up maneuverability, sidewalks, and landscape islands to comply with the zoning ordinance, for review and approval prior to final site plan approval. The applicant shall implement a combination of at least one of the following architectural character-giving features into the building design for review and approval by the Planning Department: 1) exaggerated cornice lines and detail (i.e. diamond pattern tiles on the upper floor) near the parapet wall; and/or 2) architectural lighting to accent the building forms and/or landscaping. Per Section 18.50.035: (A) Glare and Lighting 9. Any lighting, including that for security purposes, used to illuminate an off- street parking area, sign or other structure, shall be arranged so as to deflect light down and/or away from any adjoining properties and shall not detract from driver visibility on adjacent streets. Luminaires and lenses shall not protrude below the edge of the light fixture. Final site plan shall include the location for, and a detail of, any proposed wall mounted and/or signage lighting. Lighting standards used to illuminate off-street parking areas shall not exceed twenty feet or the height of the tallest building on the lot, whichever is lower. (D) Trash and Garbage Enclosures 10. For the City of Bozeman garbage collection service, the trash enclosure location and size shall be approved by the City Sanitation Division prior to final site plan 11-26-2001 -8- approval. For private garbage collection service, a copy of the proposed final site plan showing the enclosure location and size shall be submitted to the private company for their review and approval. A copy of the proposed final site plan, which has been approved and signed by a representative of the private company, shall be submitted with the final site plan application. (R) Bicycle Racks 11. Applicant shall provide adequate bicycle parking facilities to accommodate bicycle-riding residents and/or employees and customers. Bicycle parking facilities shall be in conformance with standards recommended by the Bozeman Area Bicycle Advisory Board. Detail and location shall be shown on the final site plan. Per Section 18.50.080 - Street Vision Triangle (A) Arterial Streets 12. Single-stem canopy trees may be permitted in street vision triangles provided that the mature trees do not significantly affect safe driving conditions and are maintained such that no canopy foliage exists below a height of ten feet above centerline of streets. Per Section 18.50.110 - Parking Requirements 13. All parking lots and facilities shall be subject to current Uniform Building Code guidelines for accessibility and shall contain a minimum number of disabled spaces as follows: 131 parking spaces are proposed. In addition, 5 disabled spaces shall be provided, one of which will be van accessible. Details and specifications shall be shown on final site plan. All accessible parking spaces shall be designated as reserved for the disabled by a sign showing the symbol of accessibility at each space. Such signs shall not be obscured by a vehicle parked in a space. Raised signs shall be located at a distance no greater than five feet from the front of each accessible space and shall be subject to review and approval by the Planning Department. The configuration of the off-street parking shall be adequately dimensioned on the final site plan and shall comply with the requirements of Section 18.50.120 of the zone code unless a deviation or variance is granted by the governing body. This includes parking stall dimensions, drive aisle widths, lot surfacing, and curbing. Per Section 18.49.010-110 - Landscaping (C) Landscape Plan Submission 14. Landscape plans shall be prepared and certified by a registered Montana landscape architect; an individual with a degree in landscape design and two years of professional design experience; or an individual with a degree in a related field and at least five years of professional design experience. 15. 16. Location and species of all proposed boulevard trees must be reviewed and approved by the Planning Department in accordance with guidelines established by the Tree Advisory Board, to ensure appropriateness of location and species, and that vision is not impaired and street signs are not blocked. Permanent irrigation systems shall be provided to all landscaped areas. Details and specifications shall be noted on final landscape plans. Per Section 18.65.030 - Sign Permit Requirements 17. The applicant shall provide a common signage plan for said project depicting location, general style, limitations of graphic design, dimensions, materials, 11-26-2001 -9- 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. color, and method(s) of illumination, for review and approval by the Planning Office prior to final site plan approval. Any proposed signage is subject to permitting requirements set forth in Chapter 18.65 Bozeman Municipal Code and must go through the appropriate sign permitting procedures. Seven (7) copies of the final site plan containing all of the conditions, corrections, and modifications approved by the City Commission shall be submitted for review and approval by the Planning Director within six months of the date of City Commission approval. The applicant shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements at the time of final site plan submittal. Detailed cost estimates, construction plans and methods of security shall be made a part of that Agreement. A building permit must be obtained prior to the work, and must be obtained within one year of final site plan approval. Building permits will not be issued until the final site plan is approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of the final site plan, including excavation and footing preparation, but NO CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT I$ OBTAINED. If occupancy of the structure is to occur prior to the installation of all required on-site improvements, the Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve (12) months; however, all on- site improvements shall be completed by the applicant within nine (9) months of occupancy to avoid default on the method of security. The applicant, upon submitting the final site plan for approval by the Planning Director and prior to issuance of a building permit, shall also submit a written narrative outlining how each of the conditions of approval have been satisfied. A plan and profile for the proposed fire line must be provided to the City Engineering Department for review and approval. All water and sanitary sewer infrastructure within the scope of the project must be shown on the final site, landscape and paving plans. The location of the domestic water service and fire line with the backflow protection must be shown on the final site plan. A Stormwater Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease, and other pollutants must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations), stormwater detention/retention basin details (including basin sizing and discharge calculations, and discharge structure details), stormwater discharge destination, and a stormwater maintenance plan. A stormwater easement must be established on the adjacent property and filed with the County Clerk and Recorder's Office for the retention pond and discharge course if located off the subject property. Plans and Specifications for any 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 11-26-2001 -10- professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. 28. Sewer and water services shall be shown on the final site plan and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. 29. The location of existing water and sewer mains shall be properly depicted, as well as nearby fire hydrants. Proposed main extensions shall be labeled "proposed". 30. The drive approach shall be constructed in accordance with the City's standard approach (i.e., concrete apron, sidewalk section and drop curb) and shown as such on the final site plan. A City Curb Cut and Sidewalk Permit shall be obtained prior to final site plan approval. 31. City standard sidewalk shall be installed and properly depicted at the standard location (i.e., 1 foot off property line) along the street(s) frontage. Any deviation to the standard alignment or location must be approved by the City Engineer. 32. Typical curb details (i.e., raised and/or drop curbs) and typical asphalt paving section detail shall be provided to and approved by the City Engineer. Concrete curbing shall be provided around the entire new parking lot perimeter and adequately identified on the final site plan. 33. The Montana Fish, Wildlife & Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to final site plan approval. 34. All existing utility and other easements must be shown on the final site plan. 35. If construction activities related to the project result in the disturbance of more than five acres of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality, Water Quality Bureau, shall be contacted by the applicant to determine if a Stormwater Discharge Permit is necessary. If required by the WQB, an erosion/sediment control plan shall be prepared for disturbed areas of five acres or less if the point of discharge is less than 100 feet from State Waters. 36. Within the four parking spaces near the southeast corner of the building, remove two of the spaces and relocate as follows: one space provided at the northeast corner of the parking lot in lieu of the proposed landscaped island and one parking space along the north parking lot boundary in lieu of one of the two proposed landscaped islands near the entrance to the building. Where the original two spaces have been removed, replace these areas with landscaping. 37. Proposed pedestrian pathways within the parking lot area shall be delineated by stamped concrete or similar alternative overlayment material with a distinct color and texture different from that of the parking area. Proposed material, including color and texture, shall be subject to review and approval by the Planning Department. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No, none. 11-26-2001 -11 - Public hearing - Major Site Plan with Certificate of Appropriateness to allow construction of 10,590 square feet of retail/office space, 23 enclosed parking spaces and 6 residential condominium units on Lots 13 and 14, Block A, Rouse's First Addition; Lots 15, 16 and 17 and the east 11 feet of Lot 18, Block A, Rouse's First Addition; and Lots 27 and 28, Block B, Rouse's First Addition, with deviations from Sections 18.50.080 and 18.49.060.C.2.a., Bozeman Municipal Code, to allow northeast corner of building to encroach into street vision triangle for controlled intersection and reduce parking lot screenin.q requirement - Cecich Family Trust (Dunbar Building and Frazier Terrace, southwest corner of intersection of East Main Street and South Church Avenue) (Z-01216) This was the time and place set for the public hearing on the Major Site Plan with Certificate of Appropriateness, as requested by the Cecich Family Trust under Application No. Z-01216, to allow construction of 10,590 square feet of retail/office space, 23 enclosed parking spaces and 6 residential condominium units on Lots 13 and 14, Block A, Rouse's First Addition; Lots 15, 16 and 17 and the east 11 feet of Lot 18, Block A, Rouse's First Addition; and Lots 27 and 28, Block B, Rouse's First Addition, with deviations from Sections 18.50.080 and 18.49.060.C.2.a. of the Bozeman Municipal Code to allow the northeast corner of the building to encroach into the street vision triangle for a controlled intersection and to reduce the parking lot screening requirement. The subject property is located at the southwest corner of the intersection of East Main Street and South Church Avenue and is to house the Dunbar Building and Frazier Terrace projects. Mayor Youngman opened the public hearing. Assistant Planner Karin Caroline presented the staff report. She noted that, distributed just prior to the meeting, was a memo dated November 26 forwarding comments from the informal reviews conducted by the Development Review Committee and Design Review Board on September 11 as well as the City Commission review conducted on September 24. She reminded the Commission that under this application, the existing buildings along the west side of South Church Avenue between East Main Street and East Babcock Street are to be torn down and replaced with two new buildings. The building at the southwest corner of East Main Street and South Church Avenue is to contain approximately 13,640 square feet of retail/office space and is to be known as the Dunbar Building. That building is to be connected to the new Jacob's Crossing building with a second story walkway. The other building is to be known as the Frazier Terrace Building, and is to be a three-story building with 23 enclosed parking spaces and six two-bedroom condominium units. The street facade on South Church Avenue is designed to give a townhouse feel, although the exact design and materials have not yet been identified. The enclosed parking area is to be for the residential units; and the 22-space parking lot across the street is to be improved for use by employees of the three buildings. The Assistant Planner stated that recalculation of parking requirements for the three buildings reveals 115 parking spaces are required. The applicant proposes to provide 81 parking spaces, resulting in a requirement to pay $5,000 cash-in-lieu per space for the remaining 34 spaces since the property is located in the "B-3" zoning district. The Assistant Planner stated that the applicant is seeking two deviations in conjunction with this application. The first is to reduce the parking lot screening for the existing parking lot and the second is to allow the northeast corner of the Dunbar Building to encroach into the vision triangle at the corner of East Main Street and South Church Avenue. She noted that staff supports the first deviation but cannot support the second deviation. As a result, staff is proposing Condition No. 16, which requires that the building footprint be modified or the intersection signalized, through either a temporary or permanent installation, prior to issuance of a building permit. The Assistant Planner highlighted some of the 48 recommended conditions of approval, including Condition Nos. 15, 16 and 20. She also forwarded a new condition recommended by the Design Review Board, that would require the Frazier Terrace Building site plan and/or elevations be submitted to the Design Review Board for approval prior to final site plan approval in light of the vagueness of the application and the potential that the number of residential units may be decreased from six to four due to market conditions. Responding to Commissioner Frost, Assistant Planner Caroline confirmed that the vision triangle problem exists simply because the intersection is not signalized. She noted that, to address traffic safety concerns during construction, discussions have revolved around the possibilities of 11-26-2001 12- closing off South Church Avenue or allowing right turns in and out only, particularly in light of the visibility difficulties resulting from the pedestrian walk for Jacob's Crossing. Mr. Jamie Lenon, architect representing the applicant, noted that most of the design efforts since the informal review two months ago have revolved around engineering, preparing color renderings and detail on the Dunbar Building. He indicated general concurrence with the staff report as submitted, then turned his attention to the recommended conditions. In response to Condition Nos. 1 and 2, he voiced a continued interest in seeking a deviation to the parking requirements and stated he will work with the Planning Department to see if the exclusion from deviations in the "B-3" zoning district can be overcome. On Condition No. 14, he noted that with consolidation of the three parcels, the applicant now plans to run a new storm sewer line for all three parcels, eliminating the need for retention ponds. On Condition No. 15, he stated an analysis of the property was done in May, prior to the owner's decision to acquire the one parcel, but the other parcel was not included, and indicated he will make that study available to staff. He indicated that a traffic study completed by Marvin and Associates shows the addition of six apartments will increase the traffic impacts on the intersection of East Main Street and South Church Avenue by less than 1 ~ percent, which is not enough to warrant a signal at that intersection. He stated, however that a representative from the Montana Department of Transportation has indicated they intend to install a traffic signal in 2003 or 2004. Mr. Lenon turned his attention to Condition No. 16, noting that the issue of a deviation to the vision triangle was discussed during the informal review. He forwarded his position that this deviation is merited, particularly since the intersection is currently controlled with a stop sign and signalization is planned in the near future. He showed the Commission the differences in the vision triangle with the building as proposed and with the corner cut off to meet the code requirements. He suggested that the difference is not great enough to warrant the difficulties that could result from reconfiguring the building. He recognized the vision problems at the current construction site because of the walkway, which was constructed to the MDoT's specifications. He proposed that, since there is minimal pedestrian traffic on South Church Avenue, pedestrian traffic could be eliminated on the west side of the street until construction has reached a point where people can be safely accommodated without a barricade. He indicated that safety and security of the site would be maintained through use of a see through fence that does not negatively impact visibility at the intersection. Mr. Lenon noted that, on Condition No. 20, a limited environmental site assessment has been completed. He indicated that one tank has been removed and three of the tanks have been filled. At that time, soil tests revealed no contamination; and the remaining tanks must be removed before the ground can be tested to see if there is any contamination under them. He concluded his review by indicating that Condition No. 27 has been addressed, and the applicant accepts Condition No. 49. He concluded by indicating that construction on the Dunbar Building is to begin in February or March, with construction on the Frazier Terrace Building beginning during the summer. Assistant Planner Caroline stressed that at the present time, a deviation is not allowed in the "B-3" zoning district. She noted that Condition Nos. 1 and 2 have been written so that the parking requirements for these buildings can be recalculated based on occupancies or to reflect possible changes in parking requirements. Responding to Commissioner Kirchhoff, the Assistant Planner confirmed that the drawings before the Commission reflect responses to Design Review Board comments. She concluded by stating that the Dunbar Building is to look different from Jacob's Crossing, which is why there are differences in the materials to be used. No one was present to speak in opposition to the project. Responding to Mayor Youngman, a majority of the Commissioners voiced support for the requested deviation to the vision triangle, and concurred that Condition No. 16, as recommended, should be eliminated. It was moved by Commissioner Brown, seconded by Commissioner Frost, that the Major Site Plan with Certificate of Appropriateness, as requested by the Cecich Family Trust under Application 11-26-2001 13- No. Z-01216, to allow construction of 10,590 square feet of retail/office space, 23 enclosed parking spaces and 6 residential condominium units on Lots 13 and 14, Block A, Rouse's First Addition; Lots 15, 1 6 and 17 and the east 11 feet of Lot 18, Block A, Rouse's First Addition; and Lots 27 and 28, Block B, Rouse's First Addition, with deviations from Sections 18.50.080 and 18.49.060.C.2.a. of the Bozeman Municipal Code to allow the northeast corner of the building to encroach into the street vision triangle for a controlled intersection and to reduce the parking lot screening requirement be approved subject to the following conditions: Regarding parking calculations, applicant shall abide by the current B-3 parking fee and square footage calculations at time of final site plan submittal or provide a financial guarantee as part of an Improvements Agreement for review and approval by the Finance and Planning Departments. Given that the tenants for the proposed building have yet to be determined and the possible City changes to square footage requirement, prior to final occupancy, parking calculations shall be reviewed, recalculated if necessary, and appropriate fees collected or refunded, if necessary. Proposed street furniture (benches) shall be historically appropriate. All details, specifications, and locations shall be shown on the final site plan and subject to review and approval by the Planning Department. For any proposed street furniture in the right-of-way for Montana Department of Transportation or the City of Bozeman, the necessary encroachment permits must be obtained. .. Window types and framing details must be shown on the final site plan subject to review and approval by the Planning Department. o The applicant shall utilize brick along the entire first floor of the east elevation of the Frazier Terrace Building to visually integrate that elevation into the rest of the building, especially where East Babcock Street and South Church Avenue intersect, as well as to the adjacent Dunbar and Jacob's Crossing buildings. The proposed synthetic stucco color shall relate to the first floor brick and adjacent brick structures. The proposed terrace roofs for the Frazier Terrace Building shall be of a color (i.e. sandstone) that provides a visually-pleasing complement to the use of brick. Regarding the proposed walkway between the Dunbar and Jacob's Crossing buildings, the zinc siding should be non-reflective and colored in such way to best visually integrate with the brick-dominated Main Street (north) elevations of both buildings. Final site plan shall show in detail the specifications for the proposed new fence along the eastern boundary of the parking lot along South Church Avenue. 10. The proposed transformers between the Dunbar Building and Jacob's Crossing shall be appropriately screened with landscaping of at least 3 feet in height and shown on the final site plan. The appropriate agencies (Water Department, Montana Power Company, etc.) shall be contacted for their approval of the placement of the proposed landscaping ensuring adequate access to the equipment and acceptance of species. If acceptable to Montana Power Company, the applicant shall select an appropriate color for the transformers that blends with the landscaping and/or building materials in order to appear hidden or obscure. 11. On the north elevation of Frazier Terrace Building, proposed meters and exhaust system shall be painted to more appropriately blend with the building color. 11-26-2001 -14- 12. 13. 14. 15. 16. 17. 18. 19. Applicant shall install Neenah Foundry or "approved equal" tree grates along East Main Street and South Church Avenue. Applicant shall provide cut sheets for proposed tree grates to the Planning Department for review and approval. Applicant shall contact the Planning Department for Neenah Foundry tree grate style and model number, if needed. Color and material palette, including brick type, cultured stone, DryVit or synthetic stucco, roofing material, etc., shall be submitted to the Planning Department for review and approval prior to any approval of final site plan or issuance of building permits. 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. Due to proposed stormwater drainage/treatment modifications for the adjacent Jacob's Crossing development, final site plan approval will be contingent on approval of said modifications. The City will require that the applicant provide a traffic signal warrant analysis for the intersection of East Main Street and Church Avenue prepared by a Professional Engineer registered in the State of Montana, qualified in the area of traffic engineering. The analysis shall include a traffic control/safety plan to be approved by the Montana Department of Transportation and the City of Bozeman prior to final site plan approval for implementation during and possibly following construction activities. Prior to final site plan approval, 1) permit for any required East Main Street encroachments shall be obtained from the Montana Department of Transportation, and 2) permit for any required South Church Avenue, East Babcock Street, or alley encroachments shall be obtained from the City Engineer's office. Restricted parking along the East Main Street, South Church Avenue, and East Babcock Street frontages shall be 1 ) designated by appropriate Manual Uniform Traffic Control Devices (MUTCD) "no parking" signage, and yellow painted curb, and 2) approved by the City Engineer's office and Sign Department. The existing alley approach off South Church Avenue (east side) shall be upgraded to the City standard non-residential approach (COB Standard Drawing No. 02529-11 ). In addition, the applicant shall be required to improve the alley for the full width of the parking area, terminating in a concrete header. Based on historical site use (prior gas station), a Phase I Environmental Site Assessment shall be performed for the property. The assessment shall include evaluation of current and past uses/practices of the property; review of owner/ operator records; a review of local, state, and federal regulatory agency records, including information regarding underground storage tanks, and spills or leaks of potentially hazardous materials; a physical survey of the property and surrounding properties to assess the previous and current occupants in the area; a review of data regarding the local hydrology and geology; and an on-site visual inspection looking for signs of potential environmental hazards. 11-26-2001 -15- Prior to commencement of demolition activities for the Dunbar Building, results of the Phase I Environmental Site Assessment shall be provided to the City Engineer for review and approval. Should Phase I results identify potential contamination, a Phase II Environmental Site Assessment will be required. Please note that if subsurface contamination is discovered, it must be reported to the Montana Department of Environmental Quality (MDEQ) within 24-hours, and it may not be excavated or disposed of without full characterization and MDEQ approval. 20. The applicant shall provide the City Engineer with a copy of written approval from a licensed landfill agreeing to accept demolition debris prior to final site plan approval. Per Section 18.50.035: (A) Glare and Lighting - 21. Pedestrian lighting along East Main Street and South Church Avenue shall incorporate within the light fixture itself, a shield to direct light in a downward direction. Details and specifications, including bulb size and type, shall be reviewed and approved by the Planning Office prior to final site plan approval. Applicant shall install historic period lighting along East Main Street and South Church Avenue (west side and north of the alley). Applicant shall utilize the same manufacturer, style, and lamp as provided with the downtown Streetscape project. Applicant shall contact the Planning Office for the appropriate manufacturer, style number and lamp specifications, if needed. Additional lighting along South Church Avenue south of the alley shall meet Section 18.50.035 and details and specification shall be shown on the final site plan subject to review and approval by the Planning Department. 22. Any lighting, including that for security purposes, used to illuminate an off- street parking area, sign or other structure, shall be arranged so as to deflect light down and/or away from any adjoining properties and shall not detract from driver visibility on adjacent streets. Luminaires and lenses shall not protrude below the edge of the light fixture. Final site plan shall show the location for, and a detail of, any proposed wall mounted and/or signage lighting. Lighting standards used to illuminate off-street parking areas shall not exceed twenty feet or the height of the tallest building on the lot, whichever is lower. (D) Trash and Garbage Enclosures - 23. Trash enclosures shall be constructed so that contents are not visible from a height of five feet above grade from any abutting street or property. Color and materials of trash enclosure shall blend with that of the proposed buildings. Details and specifications shall be shown on final site plan. For the City of 8ozeman garbage collection service, the trash enclosure location and size shall be approved by the City Sanitation Division prior to final site plan approval. For private garbage collection service, a copy of the proposed final site plan showing the enclosure location and size shall be submitted to the private company for their review and approval. A copy of the proposed final site plan, which has been approved and signed by a representative of the private company shall be submitted with the final site plan application. (R) Bicycle Racks- 24. Applicant shall provide adequate bicycle parking facilities to accommodate bicycle-riding residents and/or employees and customers. Bicycle parking facilities shall be in conformance with standards recommended by the Bozeman Area Bicycle Advisory Board. 11-26-2001 -16- Applicant proposes one bicycle rack along East Main Street and four along South Church Avenue. Any proposed bike rack shall be of style that works with the style of architecture of the proposed buildings. Details and specifications shall be shown on the final site plan. For any proposed street furniture in the right-of-way for Montana Department of Transportation or the City of Bozeman, the necessary encroachment permits must be obtained. Per Section 18.50.080 - Street Vision Triangle (A) Arterial Streets 25. Single-stem canopy trees may be permitted in street vision triangles provided that the mature trees do not significantly affect safe driving conditions and are maintained such that no canopy foliage exists below a height of ten feet above centerline of streets. Per Section 18.50.110" Parking Requirements (B) Stall, Aisle, and Driveway Design 26. All parking lots and facilities shall be subject to current Uniform Building Code guidelines for accessibility and shall contain a minimum number of disabled spaces as follows: In conjunction with the Jacob's Crossing Building, 81 parking spaces are proposed. In addition, 3 disabled spaces shall be provided, one of which will be van accessible. Details and specifications shall be shown on final site plan. A cash-in-lieu fee, in the amount of $5,000 per space, for the additional 34 required spaces shall be paid by the applicant prior to final site plan submittal. All accessible parking spaces shall be designated as reserved for the disabled by a sign showing the symbol of accessibility at each space, Such signs shall not be obscured by a vehicle parked in a space. Raised signs shall be located at a distance no greater than five feet from the front of each accessible space and shall be subject to review and approval by the Planning Department. All spaces shall be adequately dimensioned and shown on final site plan. Per Section 18.49.010-110 - Landscaping (C) Landscape Plan Submission 27. Landscape plans shall be prepared and certified by a registered Montana landscape architect, an individual with a degree in landscape design and two years of professional design experience, or an individual with a degree in a related field and at least five years of professional design experience. 28. All boulevard trees must be located outside the street vision triangle. Tree location must be reviewed and approved by Montana Department of Transportation to ensure no highway or road signs will be blocked. Applicant shall obtain the necessary boulevard tree permits from the Forestry Division. 29. 30. Boulevard trees shall be a minimum of two species of trees and the trees appropriately staked. The Forestry Division shall be contacted for their assistance in determining appropriate species of trees most suitable for a north- facing street and proper spacing of trees along East Main Street. All boulevard trees must have effective weed control taken within the four foot tree grate area, appropriate black weed paper installed, and wood chips placed to grate height. All tree grates must meet ADA guidelines and be approved by the Planning Office prior to final site plan approval. 11-26-2001 -17- 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. Permanent irrigation systems shall be provided to all landscaped areas. Details and specifications shall be noted on final landscape plans. All landscape plans shall meet the requirements of the Landscape Performance Standards. Thirteen landscaping points are required for this project. All existing and proposed locations and/or relocations of utility poles, power lines, and utility boxes shall be shown on final site plan. Applicant shall provide a comprehensive signage plan for said project depicting location, general style, limitations of graphic design, dimensions, materials, color, and method(s) of illumination, for review and approval by the Planning Office prior to final site plan approval. Any rooftop and/or ground-mounted mechanical and utility equipment, including ground-mounted mechanical power and telephone boxes, shall be noted and shown accordingly on the final site plan, landscape plan, and exterior elevations. Typical detail(s) illustrating the materials, color, and method of screening used to screen the equipment from adjacent properties and public streets shall be provided and noted accordingly on the final site plan, for review and approval prior to final site plan approval. The sanitary sewer services providing service to 450 East Main Street and 25 South Church Avenue must be disconnected and capped within five (5) feet of the property. The domestic water service providing service to 25 South Church Avenue approximately 188 feet south of Main Street must be disconnected at the main in South Church Avenue by the City Water/Sewer Department with all costs borne by the owner. The final site plan, landscaping and paving plans must show the location of all existing and proposed water and sanitary sewer infrastructure including appurtenances. The location of the fire and domestic water service including backflow protection must be shown on the final site plan and subsequently the plumbing sheet of the building plans. These plans shall be subject to review and approval by the City Water Superintendent. The final improvement drawing shall be adequately dimensioned. A legend of all pertinent line types used shall also be provided. All existing utility and other easements must be shown on the final site 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. 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. 11-26-2001 -18- 45. Occupancy and Street Cut Permits must be obtained from the Montana Department of Transportation (MDT) for location of water and sewer services within the State's right-of-way. 46. 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. 47. Any cracked or unserviceable sidewalk panels located along the parking area perimeter (i.e., east side of South Church Avenue and north side of East Babcock Street) shall be replaced in accordance with Section 02529 of the current City of Bozeman Modifications to Montana Public Works Standard Specifications. 48. The applicant shall bring back the Frazier Terrace Building site plan and/or elevations to the Design Review Board for their review and approval prior to final site plan approval. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff and Mayor Youngman; those voting No, none. Break - 8:25 to 8:40 p.m. Mayor Youngman declared a break from 8:25 p.m. Commission policy. to 8:40 p.m., in accordance with Discussion re proposed living wa,qe ordinance Mayor Youngman distributed a list of questions she had prepared for Commission consideration during this discussion. She noted that, while public input is not being accepted during this discussion, there will be opportunity for public comment at both provisional and final adoptions of the ordinance. Commissioner Kirchhoff posed the question of whether the Commissioners essentially embrace the principle of a living wage prior to reviewing the specific questions. Commissioner Brown stated he is sympathetic with what the Montana People's Action is trying to accomplish, but he does not like the concept of using a living wage because it is a very, very narrow approach with a lot of repercussions. He noted, rather, he would prefer a broader approach, like a higher minimum wage for everybody. He voiced his support for emphasizing the earned income tax credit that is available to those making lower incomes. He concluded by stating he has no problem with paying City employees a reasonable wage, but he does not want to interfere with businesses by requiring that they pay a living wage. Commissioner Smiley stated she shares Commissioner Brown's concerns, noting that raising the minimum wage for the entire state would be much preferable to adopting a living wage ordinance for this community. She voiced concern that a living wage ordinance could upset the balance of salaries in the community and suggested that addressing the affordable housing issue could be more beneficial than the proposed living wage. She also noted that, since September 11, the economy has crashed in many places and some businesses in Bozeman are laying people off. Responding to Mayor Youngman, Commissioner Brown stated he was willing to look into the issue of a living wage; however, he has found a very long list of negative consequences and has difficulty in finding positive things. He also noted the timing is bad, particularly since the economists now say the country has been in a recession since March. He noted that the negatives include fewer jobs; a requirement for greater job skills, which means those without skills cannot find jobs; reduced 11-26-2001 -19- customer service; more automation and elimination of jobs; administrative costs; invasion of privacy of companies; and impacts on start-up companies. He noted that there is usually more than one worker per family, and a livable wage assumes only one worker per family. He stated that affordable housing seems to be a more important issue, although he recognizes that will not totally resolve the issues. Commissioner Smiley stated that she has seen wages increase in the community over the past couple of years, and reiterated that she does not support adoption of an ordinance. She suggested that addressing the affordable housing issue may be better at this time. Mayor Youngman stated that living wage and affordable housing need to be addressed together noting that, for the past several years, the Commission has been urged not to focus on housing only. She also cautioned that the community cannot count on either the state legislature or the federal legislature to raise the minimum wage. She then suggested that other agencies should possibly be involved in addressing the issues, noting that government may have a role in convening those parties that could possibly provide training opportunities. Commissioner Frost noted that getting all of the parties together is probably not possible. He then recognized that Commissioner Brown has raised some very valid questions and concerns for which it would be beneficial to have answers; however, he also recognized the Commission must make decisions based on the information available. Mayor Youngman suggested the Commission could ask for responses to Commissioner Brown's questions during public comment when the ordinance is listed on the agenda for provisional and final adoptions. Mayor Youngman noted that much of the opposition testimony revolved around the initial fragile years of a start-up business and suggested that impacts on those businesses could be mitigated by eliminating the living wage requirement for a certain number of years. She also raised the possibility of exempting jobs during a training period. Commissioner Smiley suggested that, now that a list of questions has been developed based on the public hearing, a meeting of representatives from the community, the Montana People's Action and the Commission could possibly be beneficial. Commissioner Kirchhoff characterized adoption of a living wage as "something of a symbolic gesture" that will affect few people. He noted, however, that if a critical mass of communities adopt a living wage ordinance, it could create pressure at the appropriate levels. As a result, he suggested adoption of an ordinance could be a limited but appropriate step. Commissioner Smiley asked if the City could enact its own minimum wage; Staff Attorney Day-Moore responded that self-government powers do provide more authority but legal staff will need to research that issue before giving a response. The Commissioners went through the list of questions prepared by Mayor Youngman. As a result of discussion, the Commissioners concurred on the following: For those companies receiving assistance through the CDBG Economic Development Revolving Loan Fund: No living wage requirement is to be imposed for three years after the company receives its first loan as a rule of thumb, with the Commission having the discretion of extending that period of time. No living wage requirement is to be imposed for a six-month probationary period; however, the living wage requirement is to apply to the training period. 11-26-2001 - 20- 3. The Commission determined that a reduced interest rate to offset the cost of paying a living wage is not necessary. Those companies contracting with the City are not to be included. For those companies receiving a tax abatement for new or expanding business: 1. The living wage is to apply only to those jobs created after the tax abatement has been granted. 2. No living wage requirement is to be imposed for a six-month probationary period; however, the living wage requirement is to apply to the training period. The living wage is to be set at a level somewhere between the City's lowest wage level and the level proposed by the Montana People's Action. Non-profit organizations are to be exempted from the living wage requirements. Mayor Youngman stated that, if the living wage is set higher than the lowest salaries paid by the City at this time, she would like to know what the costs of implementing the new wage would be. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1) Copy of the draft ordinance establishing truck routes throughout the city. The City Manager noted that this ordinance will be placed on next week's agenda for first reading. (2) Letter from the Local Government Services Bureau announcing that their agency is now a part of the Montana Department of Administration as the result of recent reorganization of the State's departments and forwarding information on upcoming seminars on the new reporting requirements under Governmental Accounting Standards Board (GASB) 34. (3) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, November 27, at the Courthouse. (4) Agenda for the County Planning Board meeting to be held at 6:30 p.m. on Tuesday, November 27, at the Courthouse, along with minutes from their meeting held on November 13. (5) Agendas for the Design Review Board meeting held on November 13 and the meeting to be held at 3:30 p.m. on Tuesday, November 27, at the Professional Building. (6) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, November 27, at the Professional Building. (7) Mayor Youngman noted that the Commissioners and Commissioners-Elect have been invited to a briefing by the Community Mediation Center on the facilitated meeting program, at 7:00 p.m. on Thursday evening at the Library. Since all of the Commissioners and Commissioners-Elect indicated their intent to attend the meeting, the Mayor noted that a special meeting must be called. (8) Director of Public Service Arkell announced that the Bozeman Solvent Site water line has been completed and tested, and the mandated hookups are to be completed by the December 31 deadline. 11-26-2001 -21 - (9) Responding to Commissioner Smiley, the City Manager asked that Commissioners forward their individual comments or concerns regarding his memo on the pipeline during the upcoming week. (10) Commissioner Brown noted that he visited with a City Councilman from Grand Junction, Colorado, for two hours this morning. Adjournment - 9:58 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, Commissioner Frost and Mayor Youngman; those voting No, none. MAR~NG~AAN, Mayor ATTEST: R'O~IN L. SULLIVAN Clerk of the Commission 11-26-2001