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HomeMy WebLinkAbout2001-10-01 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA October 1, 2001 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, October 1, 2001, at 6:00 pm. Present were Mayor Youngman, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, City Manager Johnson, Planning Director Epple, Director of Public Service Arkell, City Attorney Luwe, and Deputy Clerk of the Commission DeLathower. Commissioner Brown was absent. 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. Authorize absence of Commissioner Brown from this meeting It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Commission approve the absence of Commissioner Brown from this meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff and Mayor Youngman; those voting No, none. Minutes - January 18 and February 7, 2000, and January 30, April 20, September 4, September 10, September 17 and September 24, 2001 Mayor Youngman deferred action on the minutes of the meetings of January 18 and February 7, 2000, and January 30, April 20, September 4, September 10, September 17 and September 24, 2001 to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Authorize demolition of the existing Main Motors buildinq at 450 East Main Street, as requested by Prugh & Lenon Architects on behalf of Dave Cecich Authorize City Manager to sign - Professional Services Agreement with HDR Engineerin.q, Inc., Missoula, Montana - to assist City in negotiation of terms for the Wastewater Treatment Plant MPDES discharqe permit Authorize City Manager to sign - License Agreement with United States of America, by and through the U.S. Geological Survey - for installation and maintenance of gaging station on public property (left bank of East Gallatin River 600 feet downstream from Wastewater Treatment Plant) Authorize City Manager to sign - Joint Funding Agreement with U.S. Department of the Interior U.S. Geological Survey - for the construction and installation of a streamgaging station on the East Gallatin River and operation for the 2002 water year Award bid for radio meter readinQ system for Water Department - Northwest Pipe Fittings, Inc., Billings, Montana - in amount of $866,149.92 Approval of final plat for South Meadows Condominium Planned Unit Development Subdivision (allow subdivision of 25.935 acres described as Lot I of Graf Four Lot Minor Subdivision, located in Graf's Fourth Addition, into lots for a 100-unit 10-01-2001 -2- condominium planned unit development) {south of Spring Meadows Subdivision, north of Sundance Springs Subdivision and east of Sourdough Creek Properties) (P-0023) Claims It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, 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 Smiley, Commissioner Kirchhoff, Commissioner Frost, and Mayor Youngman; those voting No, none. Ordinance No. 1544 - amending solid waste regulations to include provision for exclusive haulinQ, a solid waste collection system, prohibit deposit of highly flammable material, and require special permit for infectious waste Included in the Commissioners' packets was a copy of Ordinance No. 1544, as approved by the City Attorney, entitled: ORDINANCE NO. 1544 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTIONS 8.16.010, 8.16.015, 8.16.020, 8.16.030, 8.16.050, 18.16.060 AND 8.16.070, OF SAID CODE, AND BY ADDING SECTIONS 8.16.064, 8.16.066 AND 8.16.075 AMENDING THE SOLID WASTE REGULATIONS TO PROVIDE FOR THE EXCLUSIVE HAULING OF SOLID WASTE BY THE CITY OF BOZEMAN, A SOLID WASTE COLLECTION SYSTEM, PROHIBIT THE DEPOSIT OF HIGHLY FLAMMABLE MATERIAL, REQUIRE A SPECIAL PERMIT FOR INFECTIOUS WASTE, AND PROVIDE FOR MINOR CHANGES IN STYLE. Director of Public Service Arkell provided an overview of this proposed ordinance, characterizing it as some minor housekeeping plus the following more substantive changes: Section 2 of the proposed ordinance would provide for the City to become the exclusive collector in five years, which will provide assurances the proposed transfer station will have enough volume, thus protecting that revenue stream. Private haulers would be allowed, as long as they bring the waste to the transfer station. Section 5 clarifies the current automated system. Sections 6, 7, and 8 more clearly prohibit the dumping of inappropriate materials in the recycling boxes, prohibit the deposit of highly flammable materials, and require a special permit for infectious waste disposal. City Manager Johnson said he wanted to set the record straight, noting this is not a Commission requested or directed ordinance. It is a staff directed one in which they are asking for Commission direction, and this is a way to get these recommendations before the Commission for input. It will take five years to invoke the exclusive hauler regulations. As the language currently appears, it gives the impression that no one else can haul waste within the city. That is not the City's intention, so there may need to be some language changes to clarify that. Mr. Johnson stated the City would like to exert some control over what does happen to solid waste within the city from a risk-management standpoint; both public health and financial risks. He pointed out the risk of a future transfer station will be on those who generate the solid waste, rather than spread the debt of that facility to the general taxpayers; and this is one way to manage that debt. Conversely, state statute says the City is not eligible to haul solid waste from the recent annexations to the city. That law says if there is a private hauler hauling in an annexed area, from only one household, the City cannot haul in those areas in competition with that private hauler. Commissioner Frost noted he has been receiving e-mail regarding siting the transfer station on the northeast part of town. A call for requests for proposal for the siting and design of a transfer station has been sent out, which has caused some of this confusion and hard feelings. According to Commissioner Frost, the City should be receiving that document soon; and the document will be open 10-01-2001 3- to the public, with public participation in the process, which will begin as soon as the document is presented. City Manager Johnson responded by stating the draft scope of services contract has been received, and it was then distributed to the Commission by Mr. Johnson. He noted one of the most important considerations is the desire to hire a firm that is very heavy in public involvement, and this document does include that public involvement plan. Regarding the possibility of a northeast side location, City Manager Johnson said he told the chairman of the Northeast Neighborhood Association that his preference is to locate a transfer station in that area because of the rail spur availability, which is important to the future of a transfer station. One possible way to complete the Oak Street connection is to locate a transfer station in the northeast area. The City Manager said he would like to have some preliminary engineering done in that northeast area to find out how Oak Street can be aligned in that area, and what the cost would be. He noted GIS Manager Jon Henderson has some expertise in collection routes, and there has been some discussion about him doing routing studies for placement of the transfer station. Commissioner Smiley asked if it wouldn't be more prudent to locate a spur on the western edge of town. City Manager Johnson replied it possibly would; that's the kind of data needed to present to the Commission in the future. This scope of services does that to some degree, but there are some additional considerations not addressed in that. Mayor Youngman stated the exclusive hauler provision wasn't designed to eliminate competition, but to help the City cover the closing costs of the landfill and the construction of a transfer station. Staff Attorney Day Moore has another possible approach that may accomplish that same purpose. Staff Attorney Day Moore stated the City may be able to protect its revenue stream by requiring any haulers that pick up solid waste within the city to use the City landfill and/or transfer station. The City has the authority to control refuse within the city. She noted Section 2 has raised some concerns. The reason that specific language is included is because it comes straight from state law; a municipality can control solid waste that is generated within the city. For a municipality to become an exclusive hauler of solid waste, it has to buy out private entities immediately or give them five years' notice. Cities can still contract with private collection services if desired. Ms. Day Moore continued, saying the retention of private haulers will be subject to staff and Commission approval; and this ordinance gives them that authority. The contract provision within this ordinance allows the Commission to tell staff to allow or disallow competition, or the Commission can give staff the authority to run the program as they see fit. Mayor Youngman said she cannot approve this ordinance as written, and she is not going to approve the portion regarding private haulers as this is written. The Commission can comment on the ordinance as written or comment on the ordinance with the exclusive hauler portion removed. The rest of the ordinance is housekeeping, which is important only to staff. Mayor Youngman noted the Commission will be establishing a citizen task force regarding a transfer station siting, which could be expanded to weigh these other issues brought up in this ordinance as well. The Commission welcomes public comment on a task force and any suggestions on this process that will end up enabling the public to buy into Commission decisions on this complicated and costly obligation of the city. The Commissioners desire the opportunity to move forward in harmony with the desires of the public. Commissioner Frost stated he, too, will not accept this ordinance as it is written. There needs to be public input to make sure everyone gets involved in this process. It needs to be worked on, and public input will be a big plus. Dean Ulrich, 3220 Summer Cutoff and BFI area manager, stated this ordinance, as written, does not agree with state law. There are other options available; the City doesn't need to adopt this. BFI is more than willing to put up a transfer station either in or out of town for use by the City, without any capital outlay by the City. If the City chooses to go with a transfer station, BFI will look at signing a "put-or-pay contract". Mr. Ulrich said he realizes the City has to find a way to cover its obligations, and that can be found without this ordinance. BFI understands their importance to the 10-01-2001 4- city as a primary waste hauler. He suggested if building a huge transfer station is going to drive the cost up, perhaps the City should consider a smaller facility; and BFI will haul to another location so the City won't need to spend so much on a large transfer station. Mr. Ulrich acknowledged BFI and the City work well together, and he believes it is possible to work out a mutually satisfying agreement. Debra Gill, 8761 Trail Boss Drive and Bozeman Area Chamber of Commerce, advocated the protection of the free enterprise system. She said she appreciates BFI's comments that there are ways to work together, and she understands the City needs to protect its options and its disposal system. She endorsed further exploration of the opportunities as discussed this evening. Marilyn Tracz, 909 West Curtiss Street and executive director of the Downtown Bozeman Partnership, said competition is needed in this city; and she understands the City needs to fulfill its obligations. She encouraged the City to work with BFI on this to find mutually beneficial ground. Ms. Tracz agreed a task force is a good idea, and she believes someone from the downtown would be willing to be included in that. Chandler Dayton, 71 6 East Peach Street, stated her concern with limiting a task force to siting only; it needs to be opened up to include what type of facility the city really needs. How big a transfer station does the city need, and does it really need to be located near a rail spur; does the city have the tonnage to justify the cost of rail spur use? Ms. Dayton said she also is concerned about the ultimate destination of this waste, which needs to be discussed as a community. She suggested the county should be included in future plans, with a location that is more central to everyone in the county, as well as including Belgrade in a transfer facility. Ways to reduce what is buried also need to be discussed by the task force. Ms. Dayton questioned if the City plans to allow the transfer station to move hazardous waste along. The City shouldn't site the transfer station next to a dense neighborhood like the northeast neighborhood if it plans to handle tires, infectious wastes, and toxic materials. Chris Nixon, 71 9 North Wallace Avenue, reiterated Ms. Dayton's comments. He suggested the community will want to eliminate as much waste from the waste stream as possible by recycling. The City needs to look at other communities for models; research thoroughly what has been done and what has worked well, as well as the pitfalls other communities have fallen into. Jon Gerster, 719 North Wallace Avenue, said he wanted to express his growing frustration and concern at the northeast neighborhood having to continuously fend off undesirable things. That neighborhood is pushed to its limit for putting out fires that are coming faster than they can research and put them out. These battles will continue as long as there is land in that area that can be developed. He stated it is imperative the task force group be comprised of the entire spectrum of Bozeman. Mr. Gerster then thanked the Commission for all they have done for the northeast neighborhood; the sidewalks, stop signs, trail work, etc. However, Empire Building is continuously in violation of their permits, and he asked why the northeast neighborhood can't get results when they call about the violations of these big businesses. He asked that it not be "business as usual" for the northeast side; they want a new way of doing things from the entire process. It needs to be known that the northeast neighborhood is not a sacrifice zone, and it is not a place where codes and permits can be violated. Dean Ulrich said he keeps hearing "it is not the City's intent to displace BFI", and he understands that; but, he pointed out, it could be someone else's intent in 4.5 years from now. BFI has to start protecting itself now. They are not in favor of any of this; but they do ask if the Commission passes this, they pass it properly so BFI can gain new business in the next 5 years. Mr. Ulrich then volunteered to help write a new ordinance. Responding to the concerns of the northeast neighborhood, Commissioner Frost assured them their questions were covered in the engineering firm's interview. It was a unanimous decision that this will be a good project, that these are good people, and they are very interested in public input. They will work with the community and do it really well. He said he feels comfortable with Allied's desire for public input, which will help to give the city a good facility or no facility at all. 10-01-2001 -5- Commissioner Frost closed by asking the northeast neighborhood to remain involved and assuring them things will work out. All the Commissioners present agreed to enlarge the membership of the solid waste task force. It was moved by Commissioner Kirchhoff, seconded by Commissioner Frost, that Ordinance No. 1544, amending various sections of the Bozeman Municipal Code pertaining to solid waste collection, with revisions to remove section B and C from 8.16.015 and making other revisions to the ordinance to make it consistent with Commission discussion and state law be provisionally adopted; and that it be brought back for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Frost, Commissioner Smiley, and Mayor Youngman; those voting No, none. Mayor Youngman announced the first reading is not the last opportunity for public comment. The revised ordinance will be available for review before the next Commission vote, which will be in approximately six weeks. It was then moved by Commissioner Frost, seconded by Commissioner Smiley, to appoint a citizen task force to work with the scope of services contract for the duration of the process of siting the transfer station and all other choices regarding the future of hauling solid waste in the city and to expand the scope of services to include exclusive hauler alternatives to protect the city's financial obligations. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, and Mayor Youngman. Those voting No, none. Break 7:05 pm Mayor Youngman declared a break from 7:05 pm until 7:11 pm, in accordance with Commission policy. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items: (1) Copy of a press release from Senator Conrad Burns announcing that Bozeman has been awarded a $249,887 grant to combat domestic violence. (2) List of planning projects to be considered at upcoming Commission meetings. (3) Copy of a letter from Reier Broadcasting Company, dated September 27, forwarding information on FCC regulations for cellular towers. (4) Memo from Planning secretary Carol Schott, announcing that there will be no City Planning Board or Zoning Commission meeting on Tuesday, October 2, due to the lack of agenda items. (5) Agenda for the County Commission meeting to be held at 9:00 am on Tuesday, October 2, at the Courthouse. (6) Agenda for the Development Review Committee meeting to be held at 10:00 am on Tuesday, October 2, at the Professional Building. (7) in Kalispell. Agenda for the Transportation Commission meeting to be held on October 11 and 12 City Manager Johnson offered the following FYI items: 1) The Weather Service is predicting high winds, which will move the fire to the east. 2) The majority of administrative staff will be attending the League of Cities and Towns meeting and will be back sometime Friday afternoon. 10-01-2001 -6- During his FYI, Planning Director Epple reported the following: 1 ) The Fall Planners Conference is next week, with planners attending from Wednesday afternoon through Friday. 2) He has offered the Urban Designer position to an extremely experienced gentleman who moved here from Florida. Mr. Don Grund has accepted the positionand will start next Monday, so the Planning Department will be up to full staff. 3) Chris Saunders and he are co-teaching a graduate course in urban design at the University, City Attorney Luwe noted the following during his FYh 1) Staff Attorney Cooper will be presenting a topic at the Planners Conference. 2) Staff Attorney Day Moore will be out of the office for three weeks, starting next week. 3) The City Attorney's report will come out next week. Director of Public Service Arkell offered the following FYI item: 1 ) Presented an update on the proposed solid waste district creation, saying the County has distributed a tentative calendar, and they will consider a resolution of intent to create a solid waste district at their October 2 meeting. After they pass the resolution of intention to create, Larry Watson will make presentations to the various towns that would be included in the district. Cities will have until October 30 to advise the County if they desire to opt in or out of the district. City Manager Johnson suggested the Commissioners would want Mr. Watson to present an update during a Commission meeting, so the public will be aware of the potential of "double-dipping" for Bozeman residents. During her FYI, Mayor Youngman noted the following: 1) She signed the closing documents between the Library and CMC this afternoon. 2) The water conservation task force now consists of 17 residents, and a draft plan has been distributed. 3) The Olympic torch bearers will be announced on Thursday. 4) She will be attending the League of Cities and Towns meeting on Wednesday. 5) The Ali-America Award article she authored was published in the insert of Sunday's newspaper. 6) She has received a letter of rejection for a privately facilitated meeting on the second-hand smoke issue. 7) The Commission needs to put together a list of priorities they previously identified, and how many of those remain to be accomplished. Commissioner Smiley offered the following item: 1) Her 'belief the living wage discussion should be moved elsewhere to accommodate the anticipated attendance of a large number of people. Public hearing - proposal for use of $16,192 in grant funds from the Local Law Enforcement Block Grants Program This was the time and place set for the public hearing on the proposal for use of $16,192 in grant monies from the Local Law Enforcement Block Grants Program. Mayor Youngman opened the public hearing. Assistant Chief of Police Kayser stated that the advisory committee has forwarded a proposal that these monies be used to purchase a new replacement server, a new radar unit for the Selective Traffic Enforcement Program (STEP) vehicle, and five new handheld radio units to increase the communications service for the patrol division. He indicated that 10-percent matching funds are required from the City. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, to approve the use of $16,192 in grant funds from the Local Law Enforcement Block Grants Program to purchase a new replacement server, a new radar unit for the STEP vehicle, and five new handheld radio units. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Frost, and Mayor Youngman; those voting No, none. Public hearinq - request for tax reduction submitted by Color World This was the time and place set on the request for tax reduction submitted by Color World, as established by Commission Resolution No. 3474, entitled: 10-01-2001 -7- COMMISSION RESOLUTION NO. 3474 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING A PUBLIC HEARING TO HEAR PUBLIC COMMENT ON THE APPLICATION OF COLOR WORLD PRINTERS FOR TAX REDUCTION UNDER SECTION 15-24-1401, ET SEQ, MONTANA CODE ANNOTATED AND CITY OF BOZEMAN COMMISSION RESOLUTION NO. 2660. Mayor Youngman opened the public hearing. Administrative Services Director Gamradt reviewed the application submitted by Color World, noting these reductions only apply to school and city mills. This request will be submitted to the county as soon as the Commission approves it, but it will be too late to get the reduction on this year's taxes. However, it will appear next year; and Color World will still receive the reduction for the full 10-year period. Commissioner Frost noted Color World brought forward a request a few years ago, asking how long ago that was. Mike Burgard, Color World Vice President of Finance, responded they were last before the Commission in 1996, a $400,000 improvement; and in 1989 with a $450,000 improvement. Commissioner Frost asked if there is going to be an increase in the number of employees with this tax abatement. Mr. Burgard replied it is difficult to say because they have a very difficult time finding employees in the Gallatin Valley; adding that in printing, automation is the primary vehicle for increasing production and sales. Color World has already hired four or five people over the last 2 years, and they don't foresee any more new hires. Commissioner Frost then inquired if those already hired were basic jobs or technical jobs. Mr. Burgard answered most of their employees are non- college graduates and have learned the industry here or somewhere else. Commissioner Smiley asked if this will increase the use of temporary workers. Mr. Burgard stated they do use temporary workers for large jobs as needed. Generally they hire temps until they have enough work to hire a permanent person. Color World has hired four people who started as temps and then became full-time employees, which is their best way to hire new people. Mayor Youngman asked if the Commission wanted to add a provision requiring reporting of progress after a year. Administrative Services Director Gamradt pointed out two criteria were added to Lattice's request; reporting of the number of employees added and a living wage requirement. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Kirchhoff, seconded by Commissioner Frost, to approve Color World's request for a tax reduction and require the applicant to provide, at the end of 1 year, a progress report including things relevant to this tax reduction submittal. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Frost, Commissioner Smiley, and Mayor Youngman; those voting No, none. Continued public hearing - Conditional Use Permit for Planned Unit Development - Springer Group Architects for Dave MacDonald - allow construction of one 18-unit and three 12-unit apartment buildings on Tracts 5-7, Mountain Vista Subdivision, with relaxation from Section 18.26.040.C., to allow development to exceed 15 dwelling units per acre with a density bonus of 3 dwelling units per acre, and from Section 18.50.110.F. 1., to allow up to 60 parking spaces less than required (Brookside Park Apartments II, 2100 West College Avenue) (Z-01126) This was the time and place for the continued public hearing on the Conditional Use Permit for Planned Unit Development, as requested by Springer Group Architects for Dave MacDonald under Application No. Z-01126, to allow construction of one 18-unit and three 12-unit apartment buildings on Tracts 2 through 7, Mountain Vista Subdivision, with relaxations from Section 18.26.040.C. of the Bozeman Municipal Code, to allow development to exceed 15 dwelling units per acre with a density bonus of 3 dwelling units per acre, and from Section 18.50.110.F.1., to allow up to 60 10-01-2001 -8- parking spaces less than required. The project is known as Brookside Park Apartments II and is located at 2100 West College Avenue. Mayor Youngman reopened the continued public hearing. Assistant Planner Morris reminded the Commission this application was before them previously and provided a brief highlight of this applicant's request for a Conditional Use Permit. This project was returned to the Design Review Board (DRB), the plans were revised, it went before the DRB again, and the applicant was told to go back to the original plan with added conditions. The DRB recommendation was to add rear entrances to the buildings to make a more usable recreation space. The need for a central open space to bind all the buildings was also identified, and the recommendation was to remove 20 parking spaces to create a more binding element. The rear of the buildings will be required to have additional architectural detail. It is desirable to have the existing building remain as a potential clubhouse, laundry facilities, or a manager's residence; and, if so, that building will have to be brought into conformance with building codes and be sprinkled. Commissioner Smiley asked how many parking spaces are required. Ms. Morris replied three per unit, for a total of 216 spaces. The recommendation from the DRB, however, was for one space per bedroom; roughly a relaxation of 20 spaces. Lowell Springer, Springer Group, P.C. and architect, stated this project has been approved by the DRB since meeting with them again. This site plan represents most of the ideas discussed with the DRB. The biggest change was their suggestion to create a central, color-stamped pedestrian area that could be used for parking or a common court area to be used by the entire Brookside community. There is a concern, though, that if this court area is paved, it will be used and filled up with campers, boats, motorcycles, and other things that people won't want to see there. If it is left as a grassy open space, it will remove that problem. He noted the DRB unanimously approved the color changes. Dave MacDonald, applicant, stated the original goal was to try to preserve the parklike setting, which is where DRB's idea of using stamped concrete to create a plaza effect in the central area originated, Don Walters, co-manager of Southbrook, stated the residents have numerous concerns. One of those concerns being noise; they suggested requiring residence caretakers previously. Residents have called the police numerous times in the past because of parties, noise, etc. They feel the current management is not working to control the residents. Maintenance of green space is also a concern. Mr. MacDonald says the landscaping will be maintained, but Cowdrey has not maintained his; and the residents of Southbrook are concerned about how well this landscaping will be maintained since there are no plans for resident caretakers. Mr. Walters continued, saying the residents of Southbrook have had no assurance of what type of fence will be constructed to keep headlights and noise out of their apartments. Most of the residents moved to Southbrook because it was a nice area, and they don't approve of barrack-type buildings being built there. They would like to see a nice residential-looking area instead. Dan McGuire, president of the Southbrook Condo Association, offered residents' concerns about a parking count that they believe is inadequate. They are also concerned there is still no sidewalk proposal at all, and they don't understand how that came about. Mr. McGuire acknowledged College Avenue is a problem, but the City has been adamant about sidewalks in the past and is more adamant now. Also, there is a very large water problem on this property. Southbrook residents have had some trouble over the last several weeks with parties and excessive noise from Brookside. They are also asking for a 6~foot fence with trees to help buffer these things. Mr. McGuire continued by stating the difference between Southbrook's R-4 density and Brookside's is troubling; Southbrook is at 12 units per acre, while Brookside will be at 18 units per acre. He also suggested there needs to be more parking available, not less. Mr. McGuire requested the Commission take a close look before granting final approval to this project. He then stated the residents' appreciation for the Commission's concern with this project and their desires. Lowell Springer addressed the concern regarding the lack of sidewalks, saying this new design takes everyone on site and moves them across the site via a meandering pathway through the trees 10-01-2001 -9- and across the pedestrian area. The idea is to direct pedestrians away from the ditch. According to Mr. Springer, the retention pond has been relocated and will be placed further away from the Southbrook properties. Regarding parking concerns, Mr. Springer believes they have set aside enough parking, that they will not need a reduction. Dave MacDonald added there will be a sprinkler system, drawn from a well rather than city water service, to maintain the landscaping. They do have a professional landscaping company hired to plant and maintain the landscape. Mr. MacDonald stated they plan to have a full-time, residential manager on site with the inclusion of this new phase. Their goal is to maintain a well-managed property; they currently have a peaceful co-existence clause in their rules, and they will be adding a "no loud party" clause to their leases, as well. In response to Commissioner Smiley's question regarding the fence, Assistant Planner Morris stated the recommendation is for a 6-foot, wood fence. Regarding the lack of sidewalk requirement, Ms. Morris pointed out the Engineering Department has determined sidewalks need not be installed now because of the steepness of Farmers Canal. It is believed in the future College Street will be expanded, the Farmers Canal will be piped, and sidewalks will be required at that time. Commissioner Smiley asked why the Cowdreys aren't maintaining their landscaping. Planning Director Epple responded that, technically, the required landscaping must be maintained in a green and healthy state at all times, for the life of the project; but a lot of people have quit irrigating. It has become a huge enforcement issue that staff doesn't know how to address. He believes this is an epidemic that is worthy of Commission consideration because this city will not have an urban forest in 10 years if this situation isn't remedied. Mayor Youngman stated her appreciation for the applicant's willingness to expand the parking area later, if needed. Planning Director Epple suggested the adequacy of the parking should be reviewed early in the school year, following completion of all the units. All Commissioners present agreed to add a fall review of the adequacy of on-site parking, upon completion of all phases of development, as a condition of approval. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Smiley, to approve the Conditional Use Permit, application no. Z-01126, to allow the construction of one 18-unit and three 12-unit apartment buildings on Tracts 5 o 7, Mountain Vista Subdivision, with relaxation from Section 18.26.040.C, to allow development to exceed 15 dwelling units per acre with a density bonus of three dwelling units per acre, and from Section 18.50.110. F. 1., to allow up to 60 parking spaces less than required, Brookside Park Apartments II, subject to the following conditions: The property owner shall construct a 6-foot high solid wood fence along the entire northern property line. The trash enclosures shall be located centrally within the development and shall not be constructed within the rear setback, adjacent to Southbrook Condominiums. Footpaths shall be constructed in lieu of sidewalks along the full length of the property. The applicant shall revert to the original site plan submitted on June, 20, 2001. The applicant shall design ground floor entries to the buildings to permit access to the open spaces behind the buildings. 10-01-2001 10- 10. 11. 12. 13. 14. 15. The applicant requests a reduction in the City's parking requirements in order to expand the central open space. The remainder of the parking lot, adjacent to the common area, shall utilize stamped and/or pigmented pavement. The City Commission has conditionally approved the request to reduce the amount of parking provided with the planned unit development. The property owner will be responsible for providing additional on-site parking based on observation and parking counts taken during the first fall semester after completion of all phases of the development. Upon completion of the final phase of development, the property owner shall financially guarantee the construction of 20 additional parking spaces. The financial guarantee shall be in effect for one year in order to verify that sufficient on-site parking has been provided. All utilities constructed on each elevation shall be screened from view with a solid barrier constructed out of the vinyl siding and trim to match and be incorporated into the building. The existing building in Phase 1 shall incorporate the same measures to screen the utilities on the north and south side of the building. The backside of the buildings shall provide additional architectural detail on the building with the incorporation of additional cedar and by extending the brick veneer vertically around the entrances. The applicant shall provide details for safe lighting throughout the development; details, location, and specification must be provided with the final site plan. A point-by-point plot diagram of the light distribution shall be included with the lighting plan and shall be respectful of the adjacent properties. Creative lighting alternatives are encouraged such as bollards, in-ground lighting, and pedestrian-scale lighting. The color palette (tan, white, and the brick color) for the buildings shall be alternated to provide a visually interesting complex of buildings. All mature vegetation that currently exists within any of the designated open space and required setbacks shall remain on site. Any pruning necessary to remove dead or dying material shall be completed prior to occupancy of any of the phases. Landscape groupings shall be provided within the required front yard setback instead of the hedge proposed. Additional landscaping shall be provided for the enhancement of the perimeter of each building. Plantings shall be installed to the same extent as the landscape plan for phase one of the apartment complex (see file Z-0050). The location for the storm water detention/retention ponds shall be reevaluated for the site in order to accommodate the necessary landscape requirements for the density bonus and in order to retain all landscaping that was required with the first building. The designated open space shall provide amenities for the residents of the complex. A plaza constructed of pavers with permanent picnic tables and barbeque grills and recreational amenities (i.e. sand pit with volleyball net) shall be installed and maintained on site unless the existing structure can be brought into conformance with the Uniform 10-01-2001 -11 - 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. Building Code and sprinkled so the building could be utilized as a community clubhouse for the complex. Boundary lines for each phase of development shall be identified on the final site plan submittal. A separate written narrative shall accompany the final site plan that fully addresses the timing of infrastructure and related site improvements with each phase of development. The minimum size water main and sewer main allowed is 8 inch. Six- inch mains are shown for both and must be revised on the final plans and specifications. No building permits will be issued prior to City acceptance of the infrastructure improvements. The remaining bridge abutments over Farmers Canal that will not be utilized for drive access shall be removed and the ditch area affected shall be restored. Impacts of the proposal on the water and sanitary sewer facilities shall be provided. Applicant shall provide and file with the County Clerk and Recorder's Office executed Waivers of Right to Protest Creation of SIDs for the following: A. Street improvements to College Street including paving, curb/ gutter, sidewalk, and storm drainage (unless currently filed with the property). All special conditions and code provisions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing by the applicant prior to commencement of the use and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the final site plan approval or commencement of the use. All of the conditions and code provisions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor, or assigns. The applicant must submit seven copies of a final site plan within 6 months of preliminary approval containing all of the conditions, corrections, and modifications to be reviewed and approved by the Planning Director. A building permit must be obtained prior to the work and must be obtained within 1 year of final site plan approval. Building permits will not be issued until the final site plan is approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of the final site plan, including excavation and footing preparation, but NO CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED. The applicant shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements at the time of final site plan submittal. If occupancy of the structure is to occur prior to the installation of all required on-site improvements, the Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the 10-01-2001 -12- 26. 27. 28. 29. 30. 31. 32. 33. scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than 12 months; however, the applicant shall complete all on-site improvements within 9 months of occupancy to avoid default on the method of security. The final site plan shall be adequately dimensioned. A Storm Water 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), storm water detention/retention basin details (including basin sizing and discharge calculations and discharge structure details), storm water discharge destination, and a storm water maintenance plan. A storm water 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 water, sewer and/or storm sewer main extensions and public or private streets (including curb, gutter, and sidewalks) prepared by a professional engineer shall be provided to and approved by the Montana Department of Environmental Quality. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Specific comments regarding the existing and proposed infrastructure shall be provided at that time. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre-construction conference has been conducted. The minimum size water main and sewer main allowed is 8 inches. Six-inch mains are shown for both and must be revised on the final plans and specifications. The applicant shall return a proposal/narrative addressing Section 1 items 3a through 3k of Ordinance 1532 with the final site plan submittal, and the applicant is hereby on notice that the City reserves the right to limit the scope for simultaneous construction consideration based on available staff hours. 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 and be provided to and approved by the City Engineer prior to final site plan approval. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Easements for the water and sewer main extensions shall be a minimum of 30 feet in width, with the utility located in the center of the easement. In no case shall the utility be less than 10 feet from the edge of easement. 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. 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". 10-01-2001 -13- 34. 35. 36. 37. 38. 39. 40. 41. 42. All existing and proposed sanitary sewer mains, with appurtenances, must be shown on the site, paving, and landscape plan. 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. 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. The Montana Fish, Wildlife, and Parks, SCS, Montana Department of Environmental Health, and Army Corps of Engineers shall be contact regarding the proposed project and any required permits (i.e. 310, 404, turbidity exemption, etc.) shall be obtained prior to final site plan approval. Ditch Crossing: a. The Montana Fish, Wildlife, and Parks shall be contacted by the applicant regarding any proposed ditch/stream crossing and any required permits (i.e. 310, 404 turbidity exemption, etc.) shall be obtained prior to final site plan approval. All existing utility and other easements must be shown on the final site plan. Adequate snow storage area must be designated outside the sight triangles, but on the subject property, unless a snow storage easement is obtained for a location off the property and filed with the County Clerk and Recorder's office. Drive approach and public street intersection sight triangles shall be free of plantings, which at mature growth will obscure vision within the sight triangle. 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 Storm Water Discharge Permit is necessary. If required by the Water Quality Board, 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. 43. 44. Additional landscaping shall be provided in order to fulfill the requirements outlined in Section 18.49.070, "Landscape Performance Standards". Per Section 18.49.040.C.3, "Preparation of Landscape Plan", landscape plans shall be prepared and certified (signed) 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. 10-01-2001 14- 45. The lights depicted on the site plan shall be the only light permitted and shall be installed on the existing building as well as all of the buildings currently proposed. The lights on the existing building shall be replaced prior to final site plan approval. All lighting shall be arranged so as to deflect light down and/or away from any adjoining properties and shall not detract from driver visibility on adjacent streets. Luminaires and lenses shall not protrude below the edge of the light fixture per Section 18.50.035.1. 46. Per Section 18.50.035.D, trash enclosures shall be constructed so that contents are not visible from a height of 5 feet above grade from any abutting street or property. Details and specifications shall be shown on the final site plan. 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 approval. 47. Section 18.50.110.B.3, "Landscaping in Lieu of Parking", allows a deletion of up to five required spaces or 10 percent of the required parking spaces, whichever is less, if 350 square feet of landscaping, trees, streetscaping, or sculptural elements is installed for every space so deleted. Therefore, only five spaces may be substituted with landscaping so three additional parking spaces shall be provided on site in order to meet the parking requirements outlined in 18.50.110.f.1, "Residential Uses". 48. Per Section 18.50.110.B. 13, "Pedestrian Facilities in Parking Lots", concrete sidewalks, a minimum of 3 feet in width, shall be provided between any existing or proposed building and adjacent parking lot. Where sidewalk curbs serve as wheel stops, an additional 2 feet of sidewalk width is required. 49. Section 18.54.060.C.4.d., "Open Space Maintenance Plan", requires that the developer submit a legal instrument setting forth a plan providing for the permanent care and maintenance of open spaces, recreational areas, communally owned facilities, and parking lots. The same shall be submitted to the City Attorney and shall not be accepted by the City until approved as to legal form and effect. Once the document has been approved by the City, the property owner shall file the document with the County Clerk and Recorder's Office. A copy of the recording receipt and the signed and notarized document shall be provided with the final site plan submittal. 50. A Moving Permit or Demolition Permit shall be obtained from the City of Bozeman Building Department for removal of the existing structures, per Section 18.62.030, "Building Permit Requirements". 51. A Sign Permit Application shall be reviewed and approved by the Planning Office prior to the construction and installation of any signage on-site in accordance with Section 18.65 of the City of Bozeman Zoning Ordinance. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, CommissiOner Smiley, Commissioner Kirchhoff, and Mayor Youngman; those voting No, none. Break 8:10 pm Mayor Youngman declared a break from 8:10 pm until 8:16 pm, in accordance with Commission policy. 10-01-2001 15- Public hearing - Preliminary Plat for West Meadow Subdivision - Eugene Graf III, et al. - subdivide 63.569 acres described as Lots 2, 3 and 4 of South Meadow Minor Subdivision, into 128 sin.qle-family residential lots, with variances from the subdivision regulations to reduce interior street widths from the standard 37 feet to 33 feet, allow the interior streets to be private streets, allow interior streets to be installed with roll-over curbing (north of Sundance Sprin.qs Subdivision and west of South Meadows Condominiums) (P-0121 ) This was the time and place set for the public hearing on the preliminary plat for West Meadow Subdivision, as requested by Euguene Graf III, et al., under Application No. P-0121, to subdivide 63.569 acres described as Lots 2, 3 and 4 of South Meadow Minor Subdivision into 128 single-family residential lots, with variances from the subdivision regulations to reduce interior street widths from the standard 37 feet to 33 feet, to allow the interior streets to be private streets, and to allow interior streets to be installed with roll-over curbing. The subject property is more commonly located north of Sundance Springs Subdivision and west of South Meadows Condominiums. Mayor Youngman opened the public hearing. Assistant Planner Caroline presented the staff report, noting the applicant is requesting four variances from subdivision regulations. Planning staff and the Development Review Committee have reviewed this application based on the established criteria and recommend conditional approval. She asked the Commissioners to refer to Resolution P-0122 for the project specific conditions. The applicant has requested that condition 5 be clarified by adding "subject to current city setback ordinances effective at the time of lot development" after "residential lots". Also requested by the applicant is a change to condition 8, to change "property lines" to "setback lines". Ms. Caroline then distributed the architectural themes for this development, as prepared by the applicant's representatives. Commissioner Frost questioned why condition 5 needs to be changed. Assistant Planner Caroline answered the applicant is trying to comply with the current requirements as each lot develops. City Attorney Luwe alerted the Commission that the notice provision stated only three variances were requested, the variance relating to the financial guarantee of sidewalk installation was omitted. Therefore, the Commission cannot consider that variance until it has been noticed. Mike Potter, Potter/Clinton Development Company, stated they have been working on the development of the master plan for West Meadow for over a year. There have been a lot of work sessions held with staff, adding they are trying to blend the make-up of the subdivision plan with positive upgrades in terms of themeing and community character. Since there is a history of volatility in this area regarding development issues, they have tried to come up with a plan and density that will keep the peace in the neighborhood. This is a medium-density project, taking into consideration traffic volume and ingress and egress issues. Mr. Potter continued, saying the basic plan calls for three phases, neighborhood pods, a grid pattern that is loosened with curves, alleyways for a large number of lots, and visual frontages along Graf Street, with no driveway access. The intent is to create a green belt along Graf Street reminiscent of South Willson Avenue. There will be tough covenants and guidelines; not to stymy architectural creativity, but to maintain architectural integrity. The conventional lots will not have streetscape-facing garages; any home serviced by an alleyway will be required to have garages serviced from that alleyway, and all houses on Graf Street will be required to have the front entryway and porch front Graf Street. Mr. Potter clarified their concern with condition 5 as written is that things that show up on final plats are pretty much written in concrete, so they don't want the setbacks to be illustrated on the final plat and recorded because there could be over-restrictions in the future. For example, the front yard setbacks could be reduced in the future. Commissioner Kirchhoff inquired about the width of the alleys. Mr. Potter responded they are 30-feet wide, 18-feet paved with 6 feet on either side allowed for snow storage areas, which will be restricted from other uses. Regarding the lots facing Graf Street and accessed through an interior drive, Commissioner Kirchhoff asked if there will be double front facades on those homes. Mr. Potter 10-01-2001 -16- answered there will be, which is a real challenge. He added there will also be Iow picket fences, less than 4 feet, on the owners' property, with the sidewalks going into those properties placed between the fences, giving definition to the front yards. The Property Association will maintain the fences, the community green areas, the landscaping, trails, etc. Mayor Youngman, referring to the stretch of Sourdough Trail on the west side of the stream by the proposed cul-de-sac, asked if this stretch of trail, that is right behind the homeowners' back yards, will be landscaped to confine people and dogs to the trail corridor. Mr. Potter replied there are currently natural trees there, and they plan to leave the area natural. If the individual property owners want to create a buffer, they can plant trees along the corridor. He added perimeter fencing is not allowed in this subdivision. Mayor Youngman noted the parkland dedication is not the minimum required and asked where the parkland will be added. Mr. Potter stated their belief that they have now met the minimum requirement; but, if not, their intent is to acquire enough parkland in the Sourdough Trail area to meet the minimum requirement. Mayor Youngman then pointed out the floodplain areas, stating she wants to make sure there is no overlap of development in these zones. Ray Center, Rocky Mountain Engineers, assured her that will be no earth-moving at all in the floodplain areas. Mayor Youngman inquired if the Recreation and Parks Advisory Board had given their recommendation on this project. Assistant Planner Caroline replied they have given a favorable recommendation. Responding to Mayor Youngman's question if there are any improved parks proposed for this area, Planning Director Epple noted McCIoud Park will service this area, with Graf Park being dedicated parkland. With the inclusion of Sacajawea Middle School and the Sourdough Trail, the Board believes the area will be provided with adequate recreational opportunities. Mayor Youngman then stated her desire to add a condition requiring additional parkland buffering along the Sourdough Trail; native vegetation is to be planted where there is no buffering between the lots and the Trail near the cul-de-sac. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, to approve the Preliminary Plat for West Meadow Subdivision to subdivide 63.569 acres north of Sundance Springs Subdivision and west of South Meadows Condominiums into 128 single-family residential lots, with variances from the subdivision regulations to reduce the interior street widths to 33 feet, allow the interior streets to be private streets, and to allow the interior streets to be installed with roll-over curbing, subject to the following conditions: 1. Project phasing shall be clearly defined including installation of infrastructure. Prior to final plat approval, a Memorandum of Understanding shall be entered into by the Weed Control District, Parks Division, and the subdivider for the control of county declared noxious weeds and for erosion control along the stream channel for two growing seasons after relocation of the stream channel. A copy of this Understanding must be provided to the Planning Department. All road names for interior roads must be approved by the County Road and Bridge Department and City Engineer to eliminate duplication of names countywide. .. The common lot line between Lots 97 and 98 shall be realigned to better match the alignment of the proposed sewer main. o The final plat shall show the front, side, rear, and corner side yard setbacks for all residential lots, subject to City setback ordinances effective at the time of lot development. 10-01-2001 -17- 10. 11. 12. 13. 14. Within the protective covenants, the corner side lots fronting Graf Street shall be addressed regarding architectural/development guidelines for these lots/homes. Within the protective covenants, there shall be noted that the rear alley areas (30-foot right-of-way) shall be maintained free of parked cars, debris, tool sheds, etc. The final plat shall indicate rear yard setback lines for Lots 84 and 85 to avoid any structures, including fences, being built near the stand of mature trees or within the wetland area. Within the covenants, it shall be stated that for Lots 84 and 85, any proposed fence shall be constructed along the rear property setback lines (not property lines) to ensure the protection of mature trees and wetland areas. Applicant shall provide a soils report, recommending types of foundations. If development shall occur~in phases, the soils report may address those lots within the proposed phase. The proposed trail areas shall be overlaid with a public access easement and shown on the final plat. Within the proposed trail areas, there shall be a Class II trail constructed (3/8 minus gravel with a clay binder rolled). Trail layout and design must take into account the detention pond locations and safe passage through the wetland areas. Provisions within the covenants shall provide for the care and maintenance of these areas, which will ensure usability for the homeowners and general public. Applicant shall contact Montana Fish, Wildlife and Parks for their review and approval, regarding proposed trail layout and design, including any walkways needed through wetland areas. Street lighting shall be incorporated into the subdivision by one of the following: a) applicant shall install adequate street lighting throughout the subdivision. Lighting shall be maintained by means of the Homeowners Association through protective covenants; or b) applicant shall participate in a Street Lighting District. Street lighting will provide the necessary lighting in accordance with applicable national safety standards consistent with the preservation of dark skies. All subdivision lighting provided shall conform to Section 18.50.035 of the Bozeman Zoning Ordinance. Details and specifications (cut sheets), including bulb type and size and locations shall be provided with the final plat and subject to review and approval by the Planning and Engineering Departments. A declaration of covenants for West Meadow Subdivision must be included and recorded with the final plat which specifically includes the provisions from Section 16.34.030, as well as provisions for homeowners association maintenance of all applicable open space, pedestrian facilities, and stormwater facilities. 15. The final plat shall conform to all requirements of the Bozeman Area Subdivision Regulations and the Uniform Standards for Final Subdivision Plats and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The final plat application shall include two signed clothback (or equivalent) copies; two signed reproducible copies on a stable base polyester film (or equivalent); two digital 10-01-2001 18- 16. 17. 18. 19. 20. copies on a double-sided, high density 3~-inch floppy disk; and five paper prints. Conditional approval of the preliminary plat shall be in force for not more than three calendar years, as provided by State statute. Prior to that expiration date, the developer may submit a letter of request for extension of the period to the Planning Director for the City Commission's consideration. If it is the developer's intent to file the plat prior to the completion of all required improvements, an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 1 50 percent of the cost of the remaining improvements. Stormwater Master Plan: A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease and other pollutants from the runoff from the private and public streets and all lots must be provided to, and approved by, the City Engineer. The master plan must depict the maximum sized retention basin location, show location of, and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin site, drainage ways and finished lot grades), typical stormwater detention/retention basin and discharge structure details, basin sizing calculations and a stormwater maintenance plan. Any stormwater ponds located within a park or open space shall be designed and constructed to be conducive to the normal use and maintenance of the open space. Stormwater ponds for runoff generated by the subdivision (e.g., general lot runoff, public or private streets, common open space, parks, etc.) shall not be located on easements within privately owned lots. While the runoff from the individual lots will be dependent on the intensity of use on each lot, the maximum sizing of the storm retention facilities for each lot will be established based on maximum site development. Final facility sizing may be reviewed and reduced during design review of the final plat for each phase. Plans and specifications and a detailed design report for water and sewer main extensions, storm sewer and the public street, prepared by a professional engineer, shall be provided to, and approved by, the City Engineer and the Montana Department of Environmental Quality. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre-construction conference has been conducted. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements. All infrastructure improvements including 1 ) water and sewer main extensions, and 2) public streets, curb/gutter, sidewalks, and related storm drainage infrastructure improvements shall be financially guaranteed or constructed prior 10-01-2001 -19- to final plat approval. City standard residential sidewalks shall be constructed on all public street frontages at the time the street is constructed unless a variance is requested and granted by the City Commission. 21. The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted as proposed. 22. Flood plain: a) A Flood Plain Development Permit must be obtained from the City Engineer prior to any construction activity within the delineated 100- year floodplain. 23. The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained. 24. Ditch relocation: The Montana Fish, Wildlife and Parks shall be contacted by the Applicant regarding the proposed relocation and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to final plat approval. The applicant shall obtain written permission from the ditch owner for the proposed relocation. 25. Easements for the water and sewer main extensions shall be a minimum of 30 feet in width, with the utility located in the center of the easement. In no case shall the utility be less than 10 feet from the edge of easement. 26. The parkland dedication deficiency of 0.8 acres shall be made by additional land dedication along Sourdough Trail and show on the final plat. 27. Additional natural landscaping, consistent with that of the surrounding environment, shall be required to be planted along the west side of Sourdough Trail from a point north of Lot 12, near Creekmore Circle, south approximately 300 feet including the entire lot length of Lot 11. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Frost, and Mayor Youngman. Those voting No, none. Adjournment - 9:51 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Kirchhoff, seconded by Commissioner Frost, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Frost, Commissioner Smiley, and Mayor Youngman; those voting No, none. MARCIA B. YOUNG~or 10-01-2001 - 20 - ATTEST: Clerk of the Commission PREPARED BY: Ir, AREN L. DeLATHOWER Deputy Clerk of the Commission 10-01-2001