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HomeMy WebLinkAbout2001-07-09 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA July 9, 2001 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, July 9, 2001, at 6:00 pm. Present were Mayor Youngman, Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, City Manager Johnson, Assistant City Manager Brey, Director of Public Service Arkell, Planning Director Epple, City Attorney Luwe, and Deputy Clerk of the Commission DeLathower. 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, April 20, April 30, May 7, May 29, June 11, June 25, June 29 and July 2, 2001 It was moved by Commissioner Brown, seconded by Commissioner Frost, that the minutes of the special meeting of June 29, 2001, be approved as submitted. 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. Mayor Youngman deferred action on the minutes of the meetings of January 18 and February 7, 2000, and January 30, April 20, April 30, May 7, May 29, June 11, June 25 and July 2, 2001 to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Acknowledge receipt of letter from Lattice Materials certifyinq partial compliance with conditions for requested tax break, dated June 22 Claims It was moved by Commissioner Frost, seconded by Commissioner Smiley, 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 Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, and Mayor Youngman; those voting No, none. Presentation introducing TechRanch - John O'Donnell, Executive Director Included in the Commissioners' packets were copies of a letter from the TechRanch, requesting an opportunity to address the Commission, and an information sheet on the TechRanch. Mr. John O'Donnell, Executive Director of TechRanch, provided a brief history of TechRanch, a technology incubator. Their mission is to help entrepreneurs create high quality, high paying, tech jobs in Montana to decrease brain drain and increase the tax base. Their goal is to have 20 to 25 companies, each employing 15 to 20 people, successfully operating within the next five years. 07-09-2001 -2- Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1) Letter from Esther Nelson, Nelson's Mobile Home Park, thanking the City for the privilege of hauling branches to the landfill at no cost as a result of the recent snowfall. (2) Notice from the Montana Department of Environmental Quality of the public hearing on the Drinking Water and Water Pollution Control State Revolving Fund Loan Programs scheduled for 1:30 p.m. on July 17 in Helena, along with copies of the program documents. (3) Headwaters Recycling newsletter, announcing that the next meeting is scheduled for July 11 in Boulder. (4) Copy of an e-mail from Project Engineer David Koltz asking if any Commissioner is interested in sitting on the committee to review statements of qualification for a pool of engineering firms to be used for future projects. (5) Letter from Bozeman School District Superintendent Mike Redburn, dated July 2, seeking a letter of support for their Safe Schools/Healthy Students grant application. (6) 2001. Minutes from the Gallatin Local Water Quality District meeting held on February 1, (7) Minutes from the 9-1-1 Administrative Board meeting held on May 23, 2001. (8) Agenda for the School Board meeting to be held at 7:00 p.m. on Monday, July 9, at the Willson School. (9) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, July 10, at the Courthouse. (10) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, July 10, at the Professional Building. (11) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, July 10, at the Professional Building. (12) Agenda for the Transportation Coordinating Committee meeting to be held at 9:30 a.m. on Wednesday, July 18, in the Commission Room. City Manager Johnson offered the following FYI items: 1 ) The Library Board needs to give their final decision on purchasing the CMC property by July 15th. They can't do that at this time because of the huge expense of disposing of the contaminated soil found on the site. The Library Board would like to meet at 3:00 pm next Monday for the single purpose of discussing how to proceed with the CMC property acquisition and to determine if the Commission would allow them to dispose of the contaminated soil in the City landfill. All Commissioners agreed to hold a special meeting at 3:00 pm next Monday, July 16th. 2) The first inter-agency luncheon meeting was held last week. This group formerly met and has been reconvened at the request of Montana State University President Gamble. Commissioner Smiley volunteered to serve on the infrastructure statement of qualifications review committee. During her FYI, Mayor Youngman volunteered to write a letter of support from the Commission for the Safe Schools/Healthy Students grant as requested by the Superintendent of Bozeman Public Schools. 2) Announced the marketing committee will be meeting this week to decide on promotional ideas for the Ali-America City Award, with possibilities including banners, signs, and participation in 07-09-2001 -3- the Sweet Pea parade. The Commission unanimously agreed to enter a joint Commission/community float in the Sweet Pea parade. Planning Director Epple presented these FYI items: 1) The recruitment and selection of an Urban Designer and an Historic Preservation Officer are moving forward, and these positions should be filled in the next couple of weeks. 2) The Transportation Plan will be distributed in the next few weeks and will be available in book form, on the web, and on CD. During her FYI, Director of Public Service Arkell presented an update on the June 13th snowstorm damage cleanup, stating the full street cleanup began in earnest today. Gallatin County has been declared a disaster area by President Bush, making the area eligible for a 75 percent refund on monies expended for clean-up efforts. On Wednesday bids are going out for 5, minimum 2-person crews with bucket trucks, chippers, and chipper boxes to assist with the cleanup. Bid opening will be held the following Monday. Break 6:43pm Mayor Youngman declared a break from 6:43 pm until 7:00 pm in accordance with Commission policy. Public hearinq - Request for modification of Condition No. $ of approval for Kagy Crossroads Subdivision - C&H Engineering for David Cecich - requiring approval of cost sharing prior to installation of certain water mains (southwest corner of intersection of South 19th Avenue and Remington Way) {P-9751A) This was the time and place set for the public hearing on a request for modification of Condition No. 8 of approval for Kagy Crossroads Subdivision, as requested by C&H Engineering for David Cecich under Application No. P-9751A, which requires approval of cost sharing prior to the installation of certain water mains. Mayor Youngman opened the public hearing. City Manager Johnson requested that this public hearing be continued to July 1 6 to give staff an opportunity to forward the City Planning Board's recommendation. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the public hearing be continued to July 16, per the City Manager's recommendation. 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. Continued public hearing - Major Site Plan with Certificate of Appropriateness - Osco Drug for David and Lou Ann Wallin - allow demolition of existing automobile dealership and construction of drug store on Lot I and portion of Lot 2, Kirk's Subdivision No. 3 (1800 West Main Street) (Z-01043) This was the time and place set for the continued public hearing on the Major Site Plan with Certificate of Appropriateness, as requested by Osco Drug for David and Lou Ann Wallin under Application No. Z-01043, to allow demolition of the existing automobile dealership and construction of a new drug store on Lot 1 and a portion of Lot 2, Kirk's Subdivision No. 3. The subject property is located at the southeast corner of the intersection of West Main Street and South 19th Avenue and is known as 1800 West Main Street. Mayor Youngman opened the public hearing. Assistant Planner Morris presented the staff report, outlining the conditions of approval found in the staff report. She noted two plans have been submitted; one is the initial plan submitted by the applicant and the second is a plan submitted in response to Development Review Committee and Design Review Board concerns. The applicant wishes to have the initial plan approved because it provides better site circulation for delivery trucks and functionality of the building. The Design Review 07-09-2001 Board (DRB) and Planning staff recommend approval of the revised plan since it better meets the intent of the entryway corridor guidelines and addresses concerns with the drive approach. John Davison, of Great Falls and representing AIbertsons, noted this is an attractive place for retailers. Osco has been in Bozeman since 1976, and now they want to build a modern, new drug store at this location. Free-standing, corner facilities with drive-thrus are now the norm for the drug store industry. Referring to the plan preferred by the DRB, Mr. Davison stated Albertsons' primary areas of concern are that the main delivery area will be off of Babcock Street, with an estimated 12 to 18 truck deliveries per day. Those trucks will then need to back into the docking area, creating a bottleneck at that entrance for customers and other delivery drivers. Those trucks will then exit onto Main Street, forcing them to drive through the main parking/pedestrian area. Also, drive-thru pharmacy users will be pulling out from the window into pedestrian traffic as patrons try to enter the store. Mr. Davison pointed out Albertsons is not objecting to the building design, only the location of the building, nor are they objecting to the landscaping criteria. Mr. Davison said the plan they prefer is much safer, with increased functionality. With this plan, trucks will have greater, safer traffic flow; and there is a separate area for drive-thru pharmacy customers. In order to get customers in and out safely, there needs to be more accessible car parks, such as those proposed in their preferred plan. He mentioned this is a $4.5 to $4.8 million investment for the company, and they need to do a volume of sales that will support that. He closed by asking the Commission to approve the site plan as originally presented by Albertsons. Commissioner Brown asked Mr. Davison if they have any ideas to keep people from cutting through from Babcock Street to Main Street. Mr. Davison stated they don't know if that problem will exist; but as a solution, they could install a speed bump, although that isn't customer friendly nor snow plow friendly. Commissioner Kirchhoff asked Mr. Davison if he had any estimate of the geographical region that their customers come from. According to Mr. Davison, their primary customer sources are south, north, and west of their existing location on North 15th Avenue; however, they anticipate the number of people coming from the east will increase with this new location. Commissioner Smiley inquired as to how many people are projected to use the drive-thru pharmacy. Mr. Davison replied 15 to 30 percent of pharmacy users will convert to drive-thru usage. Dave Wallin, Bozeman Ford, said he was here to speak in favor of the plan preferred by Albertsons, noting part of the sales agreement is for the dealership to vacate this property by March, 2002, and Osco would then demolish that building and build a new one. No one else will be able to afford to tear down this building, unless it's another large corporation; and Osco is contemplating bringing a fine, new structure to the city and this important intersection. He reminded the Commission their decision has larger, reverberating consequences; if Osco isn't able to construct their facility, Bozeman Ford will have to shut down or postpone their construction operations on North 19th Avenue. That work cannot continue without the sale of this property, which will affect not only them, but the contractor and sub-contractor crews as well. The preliminary work is done on the North 19'h Avenue site, but they cannot continue if this sale is unable to proceed. In addition, the State Highway Department is going to purchase 32 feet of Main Street frontage for the expanded intersection. Mr. Wallin said that while he understands the entryway must be inviting for the city, he has difficulty requiring a building to be constructed that close to the corner, as recommended by the DRB. He closed by asking the Commission to approve the Osco-preferred design. Jason Giard, Montana Department of Transportation (MDoT), presented an overview of the proposed intersection of Main Street and 19th Avenue. He characterized this as the most congested area in Bozeman, with the area west of the Ford dealership the worst. MDoT's interest is to reconstruct this intersection, and in June a public meeting was held with public comment being received. MDoT is proposing to widen 19th Avenue to add two more lanes; heading north will be a left turn bay, two straight lanes, and a free right turn lane. They propose to leave Main Street as is. An area of great concern is Babcock Street, and the original proposal called for installing medians to restrict access to Babcock. MDoT has now decided to add a signal to allow left turns from Babcock Street out onto South 19t~ Avenue. Motorists still won't be able to make a left turn into Osco, but 07-09-2001 5- can when exiting. A median curb will be added to control access and eliminate near head-on collisions. Hopefully this will cut down on traffic cutting through the many surrounding residential neighborhoods. Land will be purchased from Mr. Wallin for a turn base on Babcock Street. Mr. Giard noted MDoT is ready to proceed, and the plan is for construction to be undertaken the summer of 2003. Commissioner Kirchhoff asked about the estimated cost of signalizing the intersection of Babcock Street and South 19th Avenue. Mr. Giard replied it is estimated to cost $60,000 to $80,000. Mayor Youngman asked, of the two different design options for the building, does MDoT have an opinion of which would be the better entry/exit alternative? Mr. Giard answered MDoT doesn't like the approach into the parking lot for the Osco-preferred design. It is too sharp and fairly close to radius. They recommend it be made an entrance only and made at an angle to move traffic off the street quicker so they aren't coming into the lot as slowly. With both designs, all traffic movements can be made safely; and MDoT has no preference. However, with both plans, they will need to provide a left turn access out of this location. Commissioner Kirchhoff noted that when northbound cars are heading for Main Street during commuter hours, cars can be backed up to Dickerson Street and asked what will become of this stacking scenario when the intersection of Babcock Street and South 1 9th Avenue is signalized. The goal is to diminish this stacking with the improvements to the intersection of 19th Avenue and Main Street, and now additional signalization is being considered. Mr. Giard replied the installation of additional lanes should facilitate smoother movement of traffic and reduce stacking by one half. Don Stueck, 2115 Highland Court and representing Martel Construction, noted the Commission's decision on this application could have far-reaching repercussions. Osco has not said the DRB-approved plan is not acceptable to them, but they will have to enter into a new buy/sell agreement if their preferred plan is not approved. Also, the sale of land to MDoT is conditional upon Mr. Wallin's dealership leaving this property; and if that doesn't happen, MDoT will then have problems proceeding with their intersection improvements. Also, the construction of Mr. Wallin's new facility will come to a halt. According to Mr. Stueck, with the inclusion of a slip lane, Osco could return to their original plan and alleviate traffic problems. He said he doesn't believe Osco is being unrealistic, and they are trying to achieve what the City wants. At the request of staff, they came up with a second plan, which upon further review by Osco, is not acceptable to them because it is too unsafe. Mr. Stueck again reminded the Commission this is a multi-pronged problem that only they can solve here tonight. This has been parking lot for a very long time, and this could remain a parking lot for all of time. Mr. Wallin could lease this property to a surrounding automobile dealership, and it will remain a parking lot. Mr. Stueck continued, asking why the City would want people exiting a drive-thru with people walking in front of their cars trying to enter the drug store, like a McDonald's restaurant. He encouraged the approval of Osco's preferred plan, noting this will be better than any other corner at this intersection, particularly with the abundance of attractive landscaping. Myles Eaton, 2400 West Durston, /14, asked the MDoT representative if it would be possible to limit left turns from the signalized intersection of Babcock Street and South 19'h Avenue to only non-rush hours. He noted lots of cities allow different traffic patterns at different times. Jon Gerster, 719 North Wallace Avenue, applauded the DRB preferred building design, noting there are entryway corridor guidelines, which are very well thought out and achieve certain goals of the community. Bozeman needs to be an attractive place for its citizens, as well as retailers. He believes bringing the building closer to the street can help act as a traffic calming device. The proposed slip lane alarms him; and he said that with cars coming in off of Main Street at a high rate of speed, it will be a very unsafe place for pedestrians. Also, the trees are on the opposite side of the sidewalk; they need to be on the street side of the sidewalk for pedestrian safety and traffic calming. Mr. Gerster suggested a roundabout at this intersection would help eliminate the need for an additional holding lane. He noted the Commission needs to achieve the community's goals at this intersection, as well as validate the financial commitments of all these players. 07-09-2001 6- Susan Swimley, 207 McAdow, said she has looked at the two plans and as a regular user of this intersection, both vehicular and as a pedestrian, she would suggest Osco's preferred plan as the appropriate plan for this location. She stated the Commission shouldn't look at this project in the context of the next few years, rather in terms of 20 years from now. A much larger volume of cars will need to move in and out of Bozeman in the future; it won't be possible to stop the city's predicted growth. With the DRB's preferred plan, this intersection will never be able to be expanded again because the building will be sitting right on the intersection. She also noted the American Bank has a drive-thru facility right off of Babcock Street, which works very well and is pedestrian friendly. Steve Tanner, 807 South Grand Avenue, admonished the Commission to not let traffic be their guide. Cities always work to accommodate cars, and they will never be able to satisfy the demand for roads. At some point, people will need to get out of their cars and use mass transportation. He also agreed with Jon Gerster to move the trees out between the sidewalk and the street for greater pedestrian safety. Chris Nixon, 719 North Wallace Avenue, agreed with Mr. Tanner regarding building streets for people rather than cars. In response to Mr. Eaton's question, Mr. Giard said MDoT has considered varied traffic patterns for different times of day, noting Missoula utilizes that system. However, they have found that traffic continues to increase and so do the hours of restriction. MDoT wants to fix the problem at this intersection from the start, and they feel this plan is a 20-year traffic design. Commissioner Frost asked how many extra parking spaces are allotted over the requirement. Assistant Planner Morris stated that, based on the usable square footage, there are 41 spaces required, and the plan shows 55 spaces. Commissioner Kirchhoff asked the Assistant Planner if the Commission needs to decide this issue this evening or can the decision be delayed? Ms. Morris replied that as far as staff is concerned, the decision cannot be delayed because both the applicant and the property owner have time constraints. Commissioner Kirchhoff then asked the decision on this application be delayed one week because he has questions that cannot be answered this evening. Speaking to Mr. Giard, Commissioner Kirchhoff said he was surprised to hear the intersection of Babcock Street and South 19th Avenue was going to be signalized, when that option wasn't discussed at the June 5th public meeting. The plan proposed by MDoT at that meeting was markedly different; there was a barrier in place so traffic would be forced to move north from Babcock Street. Mr. Kirchhoff said he doesn't think the number of people idling at the stoplights has been adequately addressed, and he doesn't see how the addition of a stoplight at the Babcock/South 19th intersection will help move traffic smoothly. Aisc, the improvements discussed tonight assume South 19t~ Avenue will be a 5-lane facility, but the Commission hasn't yet made that decision. Referring to the two building designs, Commissioner Kirchhoff said these are two completely opposite plans, and there is no middle ground. He would like to see an alternate plan that meets the wishes of both parties, and he would like to see the shape of the building changed to accommodate delivery truck traffic, as well as safe pedestrian movement. Next week he would like to see a revised plan that would address all concerns. Commissioner Smiley stated it seems odd to her that the back of the Beaver Pond Plaza should have Osco fronting it. She said she wouldn't want her new building fronting the back and utilities of a neighboring building. She would like to see a plan that is moved farther back, like Osco's preferred plan. Mayor Youngman said she is mindful of Albertsons' and Osco's concerns regarding delivery truck movement; and she believes that with some creativity there should be a plan that can meet all of their needs, the entryway corridor guidelines, and the concerns expressed tonight. To resolve the problem of trucks backing into the loading area, she suggested reintroducing a second entryway on Babcock Street so the trucks could enter one and exit the other, which would eliminate trucks backing across the traffic flow. Referring to the DRB preferred design, the Mayor suggested reconfiguring the parking so there is a way to exit from the drive-thru without crossing the store entryway; possibly this 07-09-2001 -7- could be achieved by moving the landscape island. She said she feels revising the DRB preferred design to make it more friendly would be easiest and more adequately address the concerns. Tom Parker, Gould, Evans, Goodman and Associates, said there is misinformation being presented with regard to these plans and the revisions of these plans. The Osco preferred plan is actually plan number 3 that has been presented to the City. This plan went through Development Review Committee review, and they were sitting down with the DRB when the news came that the proposed approach was not acceptable. So they came up with plan number 2 as a reaction to that comment. They then modified the elevations to address the needs of the DRB and re-presented the plan to Albertsons. It was a drastic change for Albertsons; and upon further review, it was determined that plan would not function for them. Now there is discussion of melding the two plans. Their firm has been involved with this project for over one year, they have examined all the alternatives, and they wish the DRB preferred plan hadn't been brought before the Commission. They cannot come up with a plan for this site that will eliminate every concern of vehicular/pedestrian traffic. Gould, Evans, Goodman and Associates submits the Osco preferred plan is the one to build, and they ask for Commission approval of that plan tonight. Commissioner Frost said he has several problems with the Osco preferred plan; mainly if the turning radius is going to be minimized, traffic will be driving into the entry very quickly right in front of the main building entrance. He, too, is concerned about pedestrian safety, particularly at an intersection with four lanes to cross; and he doesn't want to make it any more dangerous. Commissioner Frost also said he believes the entryway design criteria is very important, and it cannot be dismissed. He believes the DRB preferred design is the better of the two, but it can be modified to make it even better. Commissioner Kirchhoff offered it is his hope there can be a date certain set to talk about this site, and that means talking about possible changes. It is his impression, however, that Albertsons is not interested in reworking the plan they have worked to completion. Mr. Davison indicated Osco isn't interested in changing anything further. Commissioner Kirchhoff then stated that if there isn't going to be productive dialogue between the applicant and City staff, he withdraws his request for a one-week delay for a decision on this application. Commissioner Kirchhoff continued, saying his concerns are in line with Commissioner Frost's; but he has greater concerns with all the traffic changes that are being planned and the fact this is a different scenario for South 19th Avenue than what was previously discussed. He is also concerned the decision has been removed from the Commission's control. Mr. Kirchhoff expressed his hesitation to support the applicant's preferred site plan. Commissioner Smiley offered her opinion that Osco's preferred site plan has a better traffic flow, and that the DRB preferred plan doesn't make any sense to her. Buzz Tarlow, attorney representing the Wallins, stated he has had an opportunity to speak with the Albertsons representatives, and they have agreed to work with City staff for one more week. Commissioner Brown noted the Albertsons preferred plan has a big advantage in the way the drive-thru functions. He believes fronting the building to Main Street is much better than fronting it to the Beaver Pond Plaza. He endorses the Albertsons preferred plan, but he can see the merit of reviewing the plans in another week. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the public hearing on the Major Site Plan with Certificate of Appropriateness to allow the demolition of the existing automobile dealership and the construction of an Osco Drug store at 1800 West Main Street, application Z-01043, be left open and continued for one week, until July 16, 2001. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, and Mayor Youngman. Those voting No being Commissioner Smiley. 07-09-2001 -8- Public hearing - Conditional Use Permit - Wilbanks Resource Corporation for Touch America and AT & T - allow construction of 1,400-square-foot telecommunications equipment buildin,q for fiber optic communication lines on S1/2 of Lot 6, Block 2, Triangle Area Annexation {650 Professional Drive) (Z-01073) This was the time and place set for the public hearing on the Conditional Use Permit requested by Wilbanks Resource Corporation for Touch America and AT & T under Application No. Z-01073 to allow the construction of a 1,400-square-foot telecommunications equipment building for fiber optic communication lines on the south one-half of Lot 6, Block 2, Triangle Area Annexation. The subject property is located at 650 Professional Drive. Mayor Youngman opened the public hearing. Senior Planner Skelton presented the staff report, noting this application was reviewed against the applicable criteria by the Development Review Committee and staff recommends conditional approval. No public comment has been received. Commissioner Frost said he thought the Commission had done this before, and he was thoroughly confused. He asked if this was for another building. Senior Planner Skelton answered ultimately there could be two buildings constructed, or this building could replace the other proposed building. Commissioner Kirchhoff asked how frequently this site would be visited. Shannon Turk, representing AT & T, answered this site will be a boosting station for data and will be visited once a month for maintenance. Generally those visits last approximately one hour. There are emergencies, however, which might necessitate the site being visited more frequently. She stated AT & T has no problem with the Design Review Board requirements, and their architect is working to incorporate the requested changes. Commissioner Smiley asked if there will be a fan running all the time. Ms. Turk replied there will be an air conditioning unit mounted on top of the building to regulate the temperature. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Brown, seconded by Commissioner Frost, that the Commission approve the Conditional Use Permit requested by Wilbanks Resource Corporation for Touch America and AT & T under Application No. Z-01073 to allow the construction of a 1,400-square-foot telecommunications equipment building for fiber optic communication lines on the south one-half of Lot 6, Block 2, Triangle Area Annexation, be approved subject to the following conditions: The property owner shall provide public street and utility easements for the following: a) Professional Drive from the north property boundary to College Street. The easement shall be 60 feet in width. b) College Street along the entire southern frontage. The easement shall be 30 feet in width. The property owner shall provide and file with the County Clerk and Recorder's Office executed Waivers of Right to Protest Creation of S.I.D.'s for the following: a) Street improvements to include paving, curb and gutter, sidewalk and storm drainage improvements and any associated traffic signals for Professional Drive. 07-09-2001 -9- b) Street improvements to include paving, curb and gutter, sidewalk and storm drainage improvements and any associated traffic signals for College Street. The documents filed shall specify that in the event an S.I.D. is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. That the applicant prepare a revised site plan that clearly delineates the siting of all proposed facilities and related on-site improvements in relation to the 60- foot wide public access and utility easement for Professional Drive to ensure that a minimum twenty (20) foot yard setback from the easement, as well as the required rear and side yards will be maintained for all structures, fences, future parking areas, and other impervious surfaces. As stipulated under Section 18.40.070.C.2 of the zoning ordinance, barbed wire or other similar sharp fencing is not permitted on the top of security fences except in the M-1 and M-2 districts, and therefore must be removed from the top of the 6-foot high chain link fence. If the security chain link fence is to remain at a height of six (6) feet, or a height greater than four (4) feet, the fence must be located outside of the future twenty (20) foot front yard setback located along the Professional Drive access easement frontage. That the applicant prepare a landscape plan prepared by a landscape architect or certified nursery person, which provides for: 1) regular spacing of one (1) boulevard tree for every fifty (50) feet of lineal frontage along the extension of Professional Drive, 2) that the landscape features currently established along the east property boundary be continued across the rear yard of said artificial lot, 3) that a caragana hedge be installed along the perimeter of the chain link fence, 4) that the applicant install at a minimum two (2) landscape features along the future Professional Drive frontage that contains a cluster of at least three different landscape features containing a mix of type, shape, texture and season color, and 5) that the applicant revise the landscape legend to comply with the requirements outlined in Section 18.49.040.C.3 of the zoning ordinance, for review and approval by the Planning Office prior to final site plan approval. That the applicant provides a color palette illustrating the exterior finish of the concrete panels demonstrating the use of natural, earth tone colors, and that the exterior elevations be revised accordingly to confirm said color palette, for review and approval by the Planning Office prior to final site plan approval. That the site plan be revised to show the overall dimensions and limits of the artificial lot in relationship to the Professional Drive access and utility easement, adjoining properties, future development of the subject property, and future expansions of the proposed facility for review and approval by the Planning Office prior to final site plan approval. That the landowner submit a preliminary conceptual master plan for future development and subdivision of the subject property with respect to streets, subdivision lots, land use types, and pedestrian circulation, for review and approval by the Planning Office prior to final site plan approval. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure. 07-09-2001 -10- 10. 11. 12. 13. 14. 15. 16. 17. That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan or commencement of the conditional use. The landscape legend shall provide a description of plant materials shown on the plan, including typical symbols, names (common and botanical), locations, quantities, container or caliper sizes at installation and at maturity, heights, spread, and spacing. The landscape plan shall be prepared and certified by a qualified individual as outlined in Section 18.49.040.C.3 of the zoning ordinance for review and approval prior to final site plan approval. Any lighting, including that for security purposes, used to illuminate any off- street parking area, yards, sign or 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 per Section 18.50.035. - Light Standards. The final site plan and/or exterior elevations shall show the location for, and a detail of, any proposed freestanding, wall mounted and/or signage lighting, including cut sheets of each typical light fixture type proposed. That 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 (6) months of the date of City Commission approval. The Planning Office shall forward a copy of the approved final site plan to the Building, Street/Sanitation, Water/Sewer, Engineering, and Fire Departments; and one copy shall be retained in the Planning Office file. That the applicants 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. That a Building Permit must be obtained prior to the work and must be obtained within one year of final site plan approval. Building permits will not be issued until the 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. If occupancy of any 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, the applicant shall complete all on-site improvements within nine (9) months of occupancy to avoid default on the method of security. That the applicant, upon submitting the final site plan for approval by the Planning Director and prior to issuance of a building permit, will also submit a written narrative outlining how each of the above conditions of approval have been satisfied or met. 07-09-2001 -11 - 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 8:43 pm Mayor Youngman declared a break from 8:43 pm until 8:48 pm, in accordance with Commission policy. Public hearing - proposed Ordinance No. High School - to create residential parking district around Bozeman This was the time and place set for the public hearing on the proposed ordinance to create a residential parking district around Bozeman High School, entitled: ORDINANCE NO. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING SECTION 10.32.396, PERTAINING TO STOPPING, STANDING, AND PARKING OF VEHICLES THEREBY CREATING A RESIDENTIAL ON-STREET PARKING PERMIT REGULATION PROGRAM IN THE VICINITY OF BOZEMAN SENIOR HIGH SCHOOL PURSUANT TO SECTIONS 10.32.350 THROUGH 10.32.390 OF THE BOZEMAN MUNICIPAL CODE, WHICH CREATE THE PROCEDURES FOR ESTABLISHING RESIDENTIAL ON-STREET PARKING PERMIT REGULATION PROGRAMS. Mayor Youngman opened the public hearing. Assistant City Manager Brey presented the staff report, reviewing the information submitted in the Commission packet. The purpose of a parking district is to provide a streetscape and parking situation that replicates, as closely as possible, the parking situation in neighborhoods that are not located near a generator of large numbers of commuter parkers. The objective is not special privilege, but rather normalcy. This district will be similar to the one created near Montana State University (MSU). Last November staff received petitions to create a parking district for a limited area; but it was decided the ripple effect on the surrounding streets would be too significant, so this is a more encompassing plan being presented tonight. Today staff received an additional petition of support for the North 15th Avenue portion of the district, giving it a clear majority of support. Mr. Brey noted it is a difficult process to try to establish the number of residents in the area because there are all kinds of relationships. He has used the Polk Directory in the past, and it was used again to try to determine if there is a majority of support. Staff has determined, to the best of their ability, that at least a 50 percent level of support exists for this district. As with the MSU district, all petitions were taken at face value and on good faith. The chief difference between this parking district and the MSU parking district is the means of enforcement. This district isn't large enough to sustain a part-time patrol officer, so enforcement will be a complaint-based one. This enforcement program should be more effective here because parking near the high school is a more stable, day-long situation; not a sporadic one like near the university. According to Mr. Brey, fees may need to be adjusted at a later date if revenues are in excess because there is no dedicated patrol officer for enforcement. Responding to a question from Commissioner Smiley, Assistant City Manager Brey stated it would be more advantageous to try for an end of October start-up date for this program due to the Finance Department's workload. Commissioner Brown stated he understands the MSU district was not recommended by staff and asked if this district has been. Assistant City Manager Brey answered there is no staff recommendation on this. Ultimately it is a value decision. Despite the intention of making the 07-09-2001 2- districts self sustaining, the community does bear some cost for making these districts work. He believes this district has as strong as support as the MSU district had. Commissioner Brown inquired as to the cost of implementing such a district. The Assistant City Manager replied that a rough estimate, based on the creation of the MSU district, would be $10,750 in start up costs and without patrol expenses, $2,750 or so in annual operations costs, not including the costs incurred by the legal department and the portion of the parking clerk's time given over to the new district. An attempt has been made to amortize the MSU costs over a 7-year period, roughly the life of the south-facing signs; and in the MSU district, that goal has been partially realized. The City is only now beginning to recover some of the clerical and legal costs. Commissioner Kirchhoff asked if the City feels the MSU district has been successful. Mr. Brey replied the interior band of the district has not been shown to be a terribly successful program, the middle band has been very successful, and the outside band is a wash. Overall, that area is a much quieter place now than it was previously. Commissioner Kirchhoff then asked how important is it, in order to make this program work, for equivalent parking to be provided when curb parking is taken away. Assistant City Manager Brey replied that an earlier proposal didn't come forward because there was nowhere for those cars to go. However, the school district is planning to enter into a revocable agreement for this school year for use of specially colored spaces in the Hastings lot, which will add capacity. Unlike most college students, high school students have different options for getting to school; and hopefully, this district will increase the use of those options. Chris Williams, 810 Hunters Way, said that although he no longer lives in the parking district, he still wants to see this district move forward. He noted there are a number of people present who are in favor of this district and can provide a value aspect of this district and the problems associated with living near the high school without a parking district. Since their last meeting, the neighborhood has hosted two meetings, with good participation from neighborhood residents, both commercial and residential, school district folks, and a student representative. All provided input, and there was no opposition voiced at those meetings. Based upon that input, they came up with the boundaries shown tonight. Mr. Williams continued, saying he wished to address the lack of interest by the school board to provide funding for a new parking lot; and he believes the school board is looking for justification for funding and this parking district will provide that justification for them. Arthur Van't Hull, 432 North 9 Avenue, stated he is not bothered by high school student parking, but rather college student parking. This area used to be R-2, single-family homes only; and now out-of-town folks are buying homes and renting them to college students with multitudes of cars. He said he is opposed to a parking district, at least as far as a taxpayer having to pay for a sticker to park in front of his own house. He believes the school district should police their own students and provide stickers for those students who are allowed to park on campus. Mr. Van't Hull suggested those who live far out would be allowed to park on campus. He reiterated that he feels very strongly that he pays taxes for the street, taxes for the school, and he should be able to park in front of his house without buying a sticker. Also, the students should be required to have permits; and there should be an attempt by the school to regulate the number of students driving and parking in the area. Ken Spain, 1037 Boylan Road and orthodontist in this district, reminded the Commission that in November their encouragement was to seek the opinions of the neighborhood and extended neighborhood, which they have done. He complimented the neighborhood because they deal with this problem every day during the school year and have been very, very tolerant over the years, but the problem has gotten much worse. He characterized the creation of this district as a win for both parties. Dr. Spain, too, acknowledged there are more options available to the high school students than college students. They could ride the buses the taxpayers pay for, they could car pool, they could walk, or ride a bike. There are some students who legitimately need to park in the current lot; and they should be able to obtain a permit to do so - those outside of the bus routes, those who work, those who are handicapped in some way. He noted he is dismayed to learn the school board has dropped the proposed school parking lot from their budget. Dr. Spain said the neighbors are not disillusioned to believe this parking district is going to solve the problem completely, nor is the additional parking at Hastings. Referring to the pictures submitted, he stated these illegal/hazardous 07-09-2001 3- parkings are a problem every single school day. Dr. Spain questioned how the residents are to get ambulance service or other health care service with this situation. Also, trash is an ongoing, horrible problem. Upon distribution of a map showing Bozeman Emergency Service Calls from February - March 2001, Dr. Spain called attention to the fact that the greatest concentration of crimes occur in the proposed parking district area. According to Dr. Spain, this area is in a period of decay; homes being sold as rentals and many are unkept and decay is occurring. Therefore, it is becoming less desirable to live and operate businesses in this area. He acknowledged some of the residents are against paying a $10 sticker fee, but he suggested it would be a good argument to consider if it would it be worth $10 to get the neighborhood back. He suggested not charging residents a sticker fee as a compromise since this isn't going to be a regularly patrolled area. Businesses probably wouldn't mind paying for themselves and their employees since they are revenue generating. The neighbors want to have their neighborhood back and feel this would help. Bob Hawks, 102 South 11 Avenue, stated that by 1981 it was uncomfortable to conduct business across from the junior high so they moved across Main Street, and now the problem has followed. This is a good example of how the problem has expanded; the abuses are great in this entire area. Mr. Hawks said he would like to encourage the school district to help solve this problem, and he believes this is one way to encourage them to do so. The City should think of the incurred costs in terms of making this city a livable place, and this area isn't. Neil Riley, 442 North 9 Avenue, emphatically stated he doesn't want this parking district and won't support it in any way, shape, or form. He has lived in this house for 27 years and has never had students parking there. He, too, is against paying to park in front of his own house. Mr. Riley stated the people who signed the petitions didn't realize they would have to pay for a sticker to park in front of their own house. He suggested making the school district take care of its own problems; the district has land to build parking lots, but they won't do it if the city takes care of it for them. Judy Crawford, 514 North 11 Avenue, feels there are not many rental homes in this area and most properties are being taken care. This is the school's problem; they get over 75 percent of every tax dollar and they have a lot of money to spend. She doesn't want to pay extra fees to park in front of her own home. Ms. Crawford feels the parking district will diminish the value of her house. The taxpayers already pay for buses to transport students. The school district owns five square blocks of property, most of which is empty, and they could build parking lots on that property. She closed by saying the city should not undertake school district problems. Norma Ardesson, 1520 West Beall Street and shoe shop owner, said her business has been there for 31 years. In the past several years high school students have parked within several doors of their business, but not directly in front of their door. If this district is implemented, those students will begin parking directly in front of their business, so their customers will not have access. She, too, believes this is a school problem and should be solved by the school, not by the city. Iris Driscoll, 1434 Cherry Drive, stated she has two students in high school who can't park in the lot, and they are involved in after-school activities so they can't ride the bus. They park on 10t~ Avenue by Urgent Care, and she said she doesn't understand why this area is included in the parking district. Ms. Driscoll pointed out her kids are enrolled in classes at MSU and have only 13 minutes to get from MSU to the high school before the start of class. They will not be able to meet that timeframe when they can't find a parking place; these kids need a place to park. Steve VanAntwerp, 414 North 15 Avenue, noted there are a lot of people parking from Main Street, to 15th Avenue, to Beall; but it isn't high school kids, it's renters with multiple cars. Most houses from Main Street to Beall Street are rentals with multiple cars and multiple tenants. If this area isn't included in the district, there will be no room for them to park with the kids from the high school, the renters, and the homeowners all parking on the same street. Robert Dynes, 905 West Villard Street, said he has never seen a parking problem between 9t~ and 10t~ on Villard or 10~h and 11 ~ on Villard; and he been there since 1965. He doesn't want to buy a permit to park in front of his own house. He has more problems with people parking there when there is something going on at the middle school. 07-09-2001 14- Clayton Schievelbein, 203 North 10 Avenue, stated he lives where all the action is and has been there for 31 years. He doesn't mind the students parking, but they don't park correctly; they block the sidewalks, the driveWays, and park the wrong direction. He said he spent every day last winter calling the police department and they only ticketed one car and left the rest alone, until Officer Kline came and ticketed every car and that solved the problem for awhile. Mr. Schievelbein indicated he put out garbage cans for the students to use and that does help with the litter, but there still is a lot of garbage thrown around. He said he is tired of calling the police, and there is either a need for this parking district or an enforcement of the laws currently in place. Jon Gerster, 719 North Wallace Avenue, asked if the students shouldn't be the ones to pay for parking on these streets. Why make residents pay to park on their own street? The students should pay for the privilege of parking on public streets in front of others homes. Mr. Gerster said the school district is pushing its problems of students driving to school onto the surrounding residents, but they should take responsibility for their students. The high school students have parents, busses, and youth, which college students don't necessarily have so they are forced to drive. He feels future drivers are being trained; people are training kids they can't exist without an automobile, which goes against what the City is promoting. Myles Eaton, 2400 West Durston, #4, stated he owns a house at 908 North 11 Avenue, and the biggest problem there is with the tennis players. He suggested extending this to tennis players, as well. Tina Buckingham, 719 South 7 Avenue, stated she was here to vent about living in a neighborhood parking district. She said she is not happy with the whole idea of a parking district. She hates paying to park in front of her house and said she would gladly return to those days of congested parking rather than continue paying for the parking district. Ms. Buckingham noted she has paid over $300 thus far for parking district fees and tickets. Gary Griffith, Bozeman School District #7, stated they have not had any direction from the school board concerning this parking district and he is not here to speak for the board. The District's concerns have to do with pushing this parking problem further out. Unless the construction of a parking lot and the implementation of a parking district are coordinated, it won't work. The Hastings lot has under 200 spaces, which are already being used, so that will not change the parking situation. Also, the District has to remove the snow piles from the lot; but they have no budget authority for that, so that will reduce the number of parking spaces available in the winter. Godfrey Saunders, principal of Bozeman High School, offered he did not come here to oppose the parking district. The school has not abandoned their responsibilities to the neighbors, the city, or anyone else; but the solutions voiced this evening are not realistic. The school cannot keep kids from driving and parking; parents are the only ones with that authority. A closed campus would require building a cafeteria to seat 900 students at a time. Mr. Saunders noted there are no easy solutions; they are doing the best they can. He reminded those present there was some previous discussion of constructing a parking lot on 15th Avenue, but no one wanted that in their back yard. Mr. Saunders agreed the neighbors have been very patient and good; and he empathizes with them and wishes there was a quick fix, but these things do take time. Larry Pendleton, 134 Bennett Drive, said he owns a business in this proposed district; and his biggest concern is that if this district isn't created, the school board will keep dragging their feet. As long as the neighborhood is providing parking for the high school, the school district won't provide a lot for themselves. Mildred Gordon, 441 North 9 Avenue, said she has no problems with the high school kids; she has more problems with rentals, and she is against this proposed parking district. Kelly Wiseman, 402 North Church Avenue, stated he works at the Food Coop; and for the business, this district is a big factor. While he can understand the argument this might force the district and students to come up with other options, the Coop could be paying $1500 a year for permits for staff, volunteers, and customers. He asked the Commission to consider some 1 or 2 hour parking zones in front of businesses that would be affected. 07-09-2001 15- Willie Douma, 910 West Lamme Street, offered he lives in the "hell zone". The first proposal was tabled because the district was too small. Now the people in the peripheral area who don't have the problem don't want the parking district, but they will have a parking problem if this district isn't extended wide enough. Residents in this area have something to lose; their property values, which they don't want to decline. No one wants urban decay in Bozeman. Since the first meeting, two families have moved out of the district because of the parking problems; and no one wants more people moving out because that is the beginning of something that is going downhill. In response to Mr. Van't Hull, Assistant City Manager Brey noted the proposed fees are consistent with those charged in the MSU district. It was determined that the costs incurred should not be borne by the general taxpayers, but by the property owners who are being impacted. Rentals with excessive occupancies are illegal and do pose a problem, but the City cannot prevent the occupants from obtaining permits to park every one of their vehicles on the street. Commissioner Smiley suggested 9th Avenue, north of Villard Street, be excluded from the parking district. Assistant City Manager Brey reminded her the Commission has heard testimony the district shouldn't be too small. He advised the size of the district could be decreased, but not increased this evening. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. Commissioner Smiley noted this process has been going on for at least a year, and the residents have done everything they've been asked to do to create this parking district. She believes the Commission should pass this ordinance and get it done with, so the school district will get the message from both the residents and the City. Commissioner Brown suggested the fast-food restaurants should have some responsibility for cleaning up their patrons' garbage. He believes that should be a shared responsibility between the high school, the city, and the fast food establishments; not just the residents. Commissioner Kirchhoff stated he is prepared to vote in favor of this ordinance this evening, even though he has heard testimony from those who believe it is wrong to have to pay to park in front of their own houses. It is also difficult to say others shouldn't be able to park anywhere there is public parking. It is clear current enforcement is not sufficient to control this problem, and it will continue unabated unless something is done about it. Commissioner Frost noted the City Commission never initiates a parking district; it is brought forward by the neighborhood. The Commission wants to help ensure that residents have parking places they currently don't have, but someone needs to pay for the expenses of creating a district. And those expenses should be shared by the city and the affected homeowners. He continued, saying he is prepared to vote with the majority of the homeowners who signed the petitions; and if there are problems, they will be worked out as they were with the MSU district. Commissioner Frost said he is not imposing anything on anybody, rather taking the will of the majority of the neighborhood and giving them what they are asking for. Mayor Youngman stated she, too, will support the creation of this district, but good points have been brought forward regarding the fee structure. She suggested talking to the school district regarding sharing the expenses of the signs, as well as talking to the fast food establishments about trash collection and abatement. The Mayor noted this a complaint-based district and suggested perhaps the fees could be modified after the district has been adopted. She proposed the boundaries might be adjusted downward after the school district builds their parking lots. Mayor Youngman said she will vote in favor of this ordinance and respect the majority of the neighborhood, who requested this district, noting there has been lots of property damage in this area and that has dampened people's ability to enjoy their property. She added the City will keep revisiting ways to adjust the district to make it fair. It was moved by Commissioner Frost, seconded by Commissioner Smiley, to provisionally adopt the unnumbered ordinance creating a residential parking district around Bozeman High School 07-09-2001 16- and bring back in two weeks the ordinance, with the number added, for final adoption. 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. City Attorney Luwe reminded the Commission a resolution establishing the fee structure will be brought back later for Commission consideration. Mayor Youngman proposed, and the Commission unanimously agreed, to investigate the possibility of creating a commercial parking district on West Bealt Street, between North 15'h and 16th Avenues. Public hearing - intent to create 2001 Sidewalk Program This was the time and place set for the public hearing on the City's intent to create the 2001 Sidewalk Program, as established by Commission Resolution No. 3446, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3446 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING THE CITY COMMISSION'S INTENT TO ESTABLISH A 2001 SIDEWALK PROGRAM AND TO ORDER THAT SIDEWALKS BE INSTALLED IN CERTAIN AREAS OF BOZEMAN, AS PROVIDED FOR IN SECTIONS 7-14-4109 AND 7-14-4110, MONTANA CODE ANNOTATED. Mayor Youngman opened the public hearing. Engineering Assistant Kerr presented the staff report, outlining the areas proposed for the 2001 sidewalk program. He noted this is a scattered district this year, with the highest priority location being North 25 Avenue from Durston Road to south of Oak Street. Because of noticing requirements and the difficulty of lining up contractors at this late date, residents will have until June 30, 2002 to install the ordered-in sidewalks. Terry Dood, 221 South 14 Avenue, stated this is a dead-end street; and there is very little foot traffic on this west side since there is already a sidewalk installed on the east side. Existing lawns and shrubs will have to be removed to accommodate this sidewalk; and they are being asked to put in a sidewalk that will go nowhere since there is a fence surrounding the neighboring condos, which extends into the proposed sidewalk path. Sandy Osborne, 2845 Spring Meadows Drive, said she was here this evening to speak in support of the sidewalk program. She is very pleased to see the sidewalks being ordered in on Graf Street because it will benefit a number of persons. Not only those accessing the Sourdough Trail area, but children walking to the neighboring schools and those residents of the assisted living facility nearby who walk with walkers or are confined to wheelchairs and cannot continue their walks because the sidewalk ends and there is no safe place for them to continue. Gary Griffith, Bozeman School District #7, spoke regarding the sidewalk on North 25th Avenue, adjacent to Emily Dickinson School. Originally, the City intended to have building lots backed up to this parcel and North 25t~ Avenue was planned to be west of the school's property line. He noted the intersection of North 25th Avenue and Annie Street is not safe, and they would like to get at least a piece of sidewalk installed yet this season. However, all utility lines run under where the proposed sidewalk is going to go, the property will have to be reshaped, and the fence will have to be removed and reinstalled. Because of the complexities and expense of this project, the District would like to take advantage of the 1.5 times rule and would like to actively negotiate with the City to get the first portion of the sidewalk in before the start of school. 07-09-2001 17- Jon Gerster, 719 North Wallace Avenue, stated he would like to make note for the North Wallace Avenue residents that the avenue doesn't end at Tamarack Street; and it would be nice if the sidewalk would continue on. Responding to previous comments, Engineering Assistant Kerr agreed South 14th Avenue is not a heavily traffiked street, but the City takes fairness into account when ordering in sidewalks. There are no great constructability issues on 14'h Avenue, just some minor landscaping issues, which always exist. He noted the final two condominiums are finally being constructed and the fence will need to be removed, so it will be open for pedestrian travel. Planning Director Epple added the Fire Marshall has said he would entertain extending the water main to the other side of the fence if the condominium complex would desire. Engineering Assistant Kerr acknowledged the school district site is a difficult one, especially with the significant grade change between the curb and the school district's lot. The city is interested in getting a standard boulevard installed there for safety. Mr. Kerr said that, upon researching the records, he did not find a utility easement in that area; so the utility companies can be ordered to move their lines out of the right-of-way and the property owners should not have to bear that cost. Mayor Youngman asked about the timing and cost issues raised by the school district. Engineering Assistant Kerr responded this project will have a bid opening on July 17th, and it is hoped a contract can be entered into soon. If the school district wants the first portion installed before school starts, hopefully the City contractor will be able to get that first piece in; but it would be contingent upon getting the utilities moved, which will take some time. Mr. Kerr noted the City's contractor must be used in order to qualify for the financial assistance program; one cannot utilize their own contractor. Regarding continuing the sidewalk on North Wallace Avenue, Engineering Assistant Kerr said it isn't recommend at this point because there is no curb or gutter. It would be best to wait until the street is reconstructed. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, to direct staff to bring back a resolution creating the 2001 sidewalk program, with installation to be completed by June 30, 2002. 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. Public hearing - Conditional Use Permit - Stone Horse Design for Stan Holmquist - allow conversion of an 877-square-foot portion of an existing residence into an accessory dwelling unit on Lot 4A-1 of the Amended Subdivision Plat of Lots 4A and 5A, Block C, Marwyn Addition and the 75-foot-lot deeded on Film 15, Page 126 (1220 East Curtiss Street) (Z-01097) This was the time and place set for the public hearing on the Conditional Use Permit requested by Stone Horse Design for Stan Holmquist, under Application No. Z-01097, to allow the conversion of an 877-square-foot portion of the existing residence on Lot 4A-1 of the Amended Subdivision Plat of Lots 4A and SA, Block C, Marwyn Addition, and the 75-foot-lot deeded on Film 15, Page 26, into an accessory dwelling unit. The subject property is located at 1220 East Curtiss Street. Mayor Youngman opened the public hearing. Assistant Planner Caroline presented the staff report, noting this conversion is allowable by Conditional Use Permit, but it must meet all eight criteria; and these must continue to be met during the life of the accessory dwelling unit. This application does meet all those criteria. Ms. Caroline pointed out previously received public comment was included in the Commissioners' packets. Stan Holmquist, 1220 East Curtiss Street and applicant, stated he feels the criteria set forth by the City has been met; and while these conditions are restrictive and not easy to comply with, he does feel they are fair. In response to public comment received, he said he has made an effort to 07-09-2001 18- meet with the neighbors who have shown concern by speaking to most of them personally and leaving letters for all of them. While he has the impression there will not be a strong effort from the neighborhood to enforce the Marwyn Addition covenants, he will also go to the neighbors who have expressed concerns regarding those covenants. Mr. Holmquist further stated he doesn't want to bring any negative impacts to the neighborhood and has tried hard not to. Susan Swimley said that, as a neighbor whose covenants are being broken, her concerns are great. She acknowledged Mr. Holmquist takes good care of his property, but questioned what will happen when Mr. Holmquist no longer occupies this site. To address those concerns, she asked the Commission to limit this Conditional Use Permit (CUP) to a 2-year duration. That would require further review be conducted at that time, which will give the neighbors the opportunity for input on the continued use of this accessory dwelling unit. She also requested the limited duration on this CUP continue forever to protect both the neighborhood and Mr. Holmquist's ability to obtain additional income. Durwood Sobeck, 1013 East Olive Street, stated he is not thrilled with the idea of having an apartment in the neighborhood and that Mr. Holmquist didn't review the protective covenants of the addition. He does appreciate Ms. Swimley's compromise position and asked the Commission to entertain that suggestion; that way if there is a change of property ownership, the neighborhood will have some control. Assistant Planner Caroline noted this issue was brought to Planning staff based on a zoning violation, and the applicant was advised to remove the kitchen unit or proceed with a formal CUP application. There are a variety of renters within this neighborhood, as well as three or four other accessory dwelling units. Noting this project was undertaken, completed, and occupied without proper permits, Commissioner Frost asked if there are fines for individuals who start construction projects without permits. Planning Director Epple responded there is a provision for doubling the fees for after-the-fact permits, but that was not invoked in this case because the applicant came in immediately upon notification. Responding to Commissioner Frost's question regarding accessory dwelling units remaining if the property is sold, Assistant Planner Caroline said the Conditional Use Permit does run with the land, but there are stipulations that the principal structure must be occupied by at least one owner of record who possesses a 50 percent ownership interest and the accessory dwelling unit cannot be occupied by more than two persons. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. Commissioner Brown asked, if the Commission approves this, can the CUP be revoked if the circumstances change? City Attorney Luwe replied there are two options, civil action or criminal action; and the CUP can be revoked after proper notice. The Commission does have sufficient basis to impose the restriction proposed by Ms. Swimley because the owner converted this accessory dwelling unit without proper permitting. Commissioner Smiley noted she doesn't have a problem with a 3-year review period. In reply to Commissioner Kirchhoff's question regarding who will be watching the clock on this, Planning Director Epple offered staff will try to enter the date in their tickler system, but there is a chance it could slip through the cracks and it will be up to the homeowner and/or the neighbors to remind Planning staff. He suggested this compliance review be a one-time-only check, noting this is not a typical rental unit; the only way the accessory dwelling unit can be occupied is if the owner resides in the residence. Mr. Epple suggested there needs to be advertising if there is going to be less than a full CUP review, and the cost of that advertising should be borne by the applicant. Without that advertising, there will be no opportunity for the reporting of problems. Mayor Youngman asked if posting would be sufficient, and City Attorney Luwe responded there are no rules regarding that. 07-09-2001 19- It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the Commission approve the Conditional Use Permit requested by Stone Horse Design for Stan Holmquist, under Application No. Z-01097, to allow the conversion of an 877-square-foot portion of the existing residence on Lot 4Aol of the Amended Subdivision Plat of Lots 4A and 5A, Block C, Marwyn Addition, and the 75-foot-lot deeded on Film 15, Page 26, into an accessory dwelling unit subject to the following conditions: The principal structure must be actually and physically occupied by at least one owner of record who possesses at least an estate for life or a fifty percent fee simple ownership interest. No more than one of the dwellings, either the principal dwelling or the accessory dwelling, may be rented by non-owners at the same time. As a condition, the applicant must furnish the Planning Office with a copy of a binding deed restriction or covenant enforcing the single rental restriction. In addition to the parking required for the principal residence, one paved off- street parking space must be provided for the exclusive use of the accessory dwelling unit. Noted on the final site plan and included within the lease agreement for the accessory dwelling unit, there shall be a clause limiting the occupancy of the accessory dwelling unit to not exceed two persons. The applicant shall comply with City of Bozeman Building Department standards. o The right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure. All of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval, or commencement of the conditional use. The appropriate permits shall be applied and paid for with the Building Department. The applicant must submit seven (7) 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 Department. o 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 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. 10. No modification in the domestic water supply (to the meter) shall be allowed without consent of the water superintendent. 07-09-2001 - 20 - 11. 12. Backflow protection must be in compliance with current code requirements. This application for a Conditional Use Permit will be valid for a three-year period, at which time the CUP application will be reviewed one time for continued compliance. The review will require a posting of the site and formal public hearing before the City Commission for continued approval of the CUP. 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. Appellate hearing - appeal to overturn ADR decision requirinq the drive-up window to be oriented away from both the North 7th Avenue and West Oak Street streetscapes on Lot 1, Block 1, and the north 28 feet of Lot 1, Block 2, Westlake Second Subdivision - Engineering, Inc., for Montana Taco, Inc. (1230 North 7th Avenue) {Z-01050) This was the time and place set for the appellate hearing on the appeal from Engineering, Inc., for Montana Taco, Inc., to overturn the Administrative Design Review staff's decision requiring that the drive-up window on the new building to be constructed on Lot 1, Block 1, and the north 28 feet of Lot 1, Block 2, Westlake Second Subdivision, be oriented away from both the North 7th Avenue and West Oak Street streetscapes. Mayor Youngman opened the appellate hearing. Assistant Planner Morris stated a letter has been received from Tim Ballou, Montana Taco, Inc., requesting this hearing be continued until August 6th or later to allow them time to develop a plan that will comply with Planning staff's conditions and still make the project accommodate their needs. It was moved by Commissioner Brown, seconded by Commissioner Frost, that the Commission continue the appellate hearing on this item until August 13, 2001, per the applicant's request. 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. Adjournment - 11:41 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 Brown, Commissioner Smiley, and Mayor Youngman; those voting No, none. ATTEST: ROBIN L. SULLIVAN Clerk of the Commission MARCIA B. YOUNG~ PREPARED BY: KAREN L. DeLATHOWER Deputy Clerk of the Commission 07-09-2001