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HomeMy WebLinkAbout2001-07-02 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA July 2, 2001 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, July 2, 2001, at 6:00 p.m. 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 Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - January 18 and February 7, 2000, and January 30, April 20, May 7, May 29, June 11, June 18, June 25 and June 29, 2001 It was moved by Commissioner Brown, seconded by Commissioner Frost, that the minutes of the meeting of June 18, 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, May 7, May 29, June 11, June 25 and June 29, 2001 to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Exemption from subdivision review - allow relocation of common boundary between Lots 5 and 6 and Lots 19 and 20, Block 14, Capitol Hill Addition, to create new Lot SA, which includes recently vacated alley right-of-way - Bill and Ellen Klenn (E-0106) Exemption from subdivision review - allow removal of common boundary lane to agqreqate Lots 3 and 5, to create Lot 3-A in Block 4, North Meadows Subdivision, Phase I - Hinesley Family Limited Partnership (E-0107) Exemption from subdivision review - relocation of boundary between Lots lA and 2A-1, Bridger Peaks Town Center PUD, Phase I - Brid,qer Peaks LLC (E-0108) Exemption from subdivision review - relocation of boundary between Lots B2-1 and B3-1, Block 3, Babcock and Davis Addition - Norma Gillespie and Daniel & Marcia Kaveney (E-0103) Approval of settlement and authorization to pay claim upon execution of Settlement Agreement and Release Ratify City Manager's reappointment of Don Stueck to Police Commission, with term to expire on April 30, 2004 07-02-2001 -2- Authorize City Manager to sign -Aqricultural Lease between City and Donald D. Dodge for 40 acres and 7.5 acres located in Section 28, TlS, R6E, MPM 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. Sketch plan - allow installation of an emergency services radio repeater for the City's Department of Public Safety on the City's water tank located in Josephine Park, adjacent to Kenyon Drive Included in the Commissioners' packets was a memo from Planning Director Andy Epple, dated June 26, forwarding the sketch plan application and staff's recommendation. Planning Director Epple characterized this as further development of a site, since there are already similar uses on the subject property. He stated that under this application, a building and antennae for the City's emergency services radio system are to be installed at the City's water tank. He indicated that the building is to house the equipment for the radio repeater, with the antennae to be installed at the top of the water tank. The Planning Director stated that staff has reviewed this application in light of the applicable criteria, and staff's findings are contained in the memo. He concluded by forwarding a recommendation for approval, subject to four conditions. Responding to Commissioner Smiley, the City Manager stated the intent of the building is to ensure that noise is not emitted from this installation. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the application to allow the installation of an emergency services radio repeater for the City's Department of Public Safety on the City's water tank located in Josephine Park be approved, subject to the following conditions: The Department of Public Safety must obtain a key to the gate from the Water Treatment Plant Superintendent. The Department of Public Safety must coordinate the location of the proposed building with Water Treatment Plant personnel to ensure the building is not placed over underground utilities. The Planning Director must ascertain if Section 18.08.030 of the Bozeman Municipal Code is applicable and, if so, must comply before the building is constructed. As an Essential Service--Type I, this application is subject to sketch plan review only. No review is required by the Development Review Committee or Design Review Board but shall be approved by the City Commission. No final site plan is required. 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. 07-02-2001 Ordinance No. 1541 - setting Commissioners' salaries, effective July 1, 2001 Included in the Commissioners' packets was a copy of Ordinance No. 1541, as revised prior to provisional adoption, entitled: ORDINANCE NO. 1541 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, FIXING THE SALARIES OF THE CITY COMMISSIONERS AND MAYOR OF THE CITY OF BOZEMAN, MONTANA, IN ACCORDANCE WITH SECTION 2.04.070 OF THE BOZEMAN MUNICIPAL CODE. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that Ordinance No. 1541, fixing the Commissioners' salaries effective July 1, be finally adopted. 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. Appointments to boards and commissions: {A) Beautification Advisory Board; {B) Bozeman Area Bicycle Advisory Board; (C) City Planning Board; {D) Recreation and Parks Advisory Board; and (E) Zoning Commission Included in the Commissioners' packets was a memo from Deputy Clerk of the Commission Karen DeLathower, dated June 28, indicating that no new applications have been received since last week's meeting. The Commissioners deferred action on the appointment to the Beautification Advisory Board for one week. They also deferred appointments to the Bozeman Area Bicycle Advisory Board and the student representative on the Recreation and Parks Advisory Board until applications are received for those positions. Mayor Youngman appointed Bric,an.Close to replace Nikki Naiser on the City Planning Board, with a term to expire on January 31~~ It was moved by Commissioner I~rc~h'~f, seconded by Commissioner Brown, that Brian Close be appointed to replace Nikki Naiser on the Zoning Commission, with a term to expire on January 31, 2002. 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. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1) Bozeman Solvent Site Update, dated June 2001, as prepared by the Montana Department of Environmental Quality Hazardous Waste Site Cleanup Bureau. (2) project. Copy of a letter from Deborah Pratt, dated June 23, regarding the "Off Broadway" (3) Letter from BFI Waste Services, dated June 21, voicing concerns about the proposed noise ordinance. (4) Copy of the Notice of Special Meeting, for the meeting which was held at 8:00 a.m. on Friday, June 29. 07-02-2001 (5) Copy of the published notice that garbage will not be collected on Independence Day and that collection will be a day late for the remainder of the week. (6) the kidnap. Copy of an e-mail forwarding the overtime costs incurred on June 17 to 19 related to City Manager Johnson stated that these figures reflect both on-duty and overtime hours on the case, but only the overtime hours have been converted to dollars. He characterized this as reflecting the on-going cooperation and support between the City's Police Department and the County Sheriff's Department. (7) July 3. Copy of the notice that there will be no County Commission meeting on Tuesday, (8) Letter from Bridger Peaks Town Center, dated June 27, asking that the Commission not adopt the proposed noise ordinance. (9) Copy of an input card on the proposed expansion to a WaIMart Supercenter. (10) Letter from Sylvia Barnard, 2705 Goldenrod Lane, dated June 25, regarding the proposed expansion of WalMart. (11 ) Copy of the advertisement regarding clean up of the branches and brush resulting from the recent snowstorm. (12) Copy of the final 2001 legislative report as prepared by the Montana League of Cities and Towns. (13) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, July 3, at the Professional Building. (14) Agendas for the Zoning Commission meeting to be held at 7:00 p.m. and the City Planning Board meeting to be held at 8:00 p.m. on Tuesday, July 3, in the Commission Room. (15) City Manager Clark Johnson requested informal Commission input on the Montana Department of Transportation's plans to immediately construct intersection improvements at South 19th Avenue and West Main Street. He noted the State plans to widen the South 19th Avenue leg to six lanes, with two southbound lanes, two straight through lanes, a left turn lane and a right turn lane for northbound traffic. The improvements also include a concrete median which would prevent traffic on South 19th Avenue from turning left onto West Babcock Street and prevent traffic on Babcock from crossing 19th. Also, concrete medians are to be constructed on West Main Street, on both the east and west legs of the intersection. The median on the east leg is to extend to the western entrance of the Hastings shopping center, by Pork Chop John's, which would preclude left turns into the current Bozeman Ford site. He stated that Osco Corporation is planning to purchase that property, but has indicated it will not do so if the accesses to the site are limited by those proposed medians. The City Manager asked for Commission input on the proposed improvements, including the left turns onto West Babcock Street and the concrete medians. He recognized that the technical design aspects indicate the medians should be installed, and the old transportation plan and new transportation plan also include them. He stated that he will be attending a meeting with the Montana Department of Transportation tomorrow and asked if there is a City position that should be forwarded at that time. Commissioner Brown stated it is his understanding no left turn would be allowed onto West Babcock Street from South 19th Avenue; and he feels that is appropriate. Commissioner Kirchhoff expressed concern that not allowing left turns onto West Babcock Street will nullify decent commercial activity on West Babcock Street and will create cut-through 07-02-2001 5- traffic at the Beaver Pond Plaza. He noted that no business people were present at the recent public meeting, and he anticipates the business owners along West Main Street will also object to the proposed medians since left turns will be precluded. He stated, in fact, that those at the meeting were only concerned about making it easier to get through the intersection. Commissioner Smiley stated she has no problem with allowing left turns onto West Babcock. Mayor Youngman wondered what movements on 19th Avenue are problematic, and suggested that right turns only from West Babcock Street could be allowed. She also noted that a six-lane roadway at the intersection is essentially setting the road up for a four-lane format and questioned if the Commission wants to commit to that. Mr. Myles Eaton, 2400 Durston Road, stated that he has watched cars drive over the bumpers at the intersection of North 7th Avenue and Baxter Lane, and suggested that if left turns are to be precluded onto West Babcock Street, the pork chops or medians be made large enough to keep traffic from making those turns. Commissioner Kirchhoff noted that, if the Commission wants to retain a three-lane format on South 19th Avenue, a segway to a smaller road will be required. The City Manager stated that, with four northbound lanes at the intersection, there will be more room for stacking to go through the intersection; and that will provide some relief for the roadway even if the three-lane format is retained. Director of Public Service Arkell stated that the recent public meeting was simply an informational session, and no public hearing is required on the proposed improvements. She noted that if the Commission is not willing to construct five lanes on South 19th Avenue, "they will take their money and go home", because the MDoT finds it makes no sense to improve the intersection without expanding the roadway. She reminded the Commission that, in 1997, staff was instructed to complete the design for a five-lane facility, and was subsequently instructed to stop that design process. Responding to questions from Commissioner Frost, the Director of Public Service stated that refuge areas for pedestrians were discussed at the public meeting. She then noted that bicycles follow the rules of the road, and bicycle lanes are proposed on South 19th Avenue from West Main Street to Kagy Boulevard. Responding to City Manager Johnson, the Director stated that the existing three-lane facility on South 19th Avenue is at capacity, and the proposed intersection improvements would gain four to five years of capacity, after which the facility would fail once again. Commissioner Kirchhoff cited Mr. Dan Burden's philosophy that, if accesses to a roadway are limited, a three-lane facility can move 29,000 vehicles. He suggested that limiting accesses could be an option, but he recognized that the intersection would still be a problem if the proposed improvements are not made. Commissioner Frost noted that the median on North 19th Avenue has breaks in it so people can make turns to change direction, and suggested a similar approach could be taken on South 19th Avenue. Director of Public Service Arkell cautioned that limiting access onto South 19th Avenue could be costly for many of the properties along that roadway. She further noted that 19th Avenue has been designated as an arterial, and accesses have not been restricted to date. Commissioner Brown stated that, since accesses to the roadway can't be controlled, he feels a five-lane facility is the only option. 07-02-2001 -6- Commissioner Frost stated that he, too, feels a five-lane facility is needed; however, he suggested that the facility include narrower lanes and traffic calming devices. He suggested another option is to plant trees in the center median. Commissioner Kirchhoff suggested that City Manager Johnson characterize this issue as "unresolved" at tomorrow's meeting. Responding to Commissioner Frost, Director of Public Service Arkell stated that the MDoT has purchased all of the right-of-way they need for the proposed intersection improvements, and failure to expand South 19th Avenue will result in an inability to move traffic away from that intersection. Responding to Commissioner Kirchhoff, the Director stated that MDoT bears the costs of improving the intersection because it is on their route; however, 19th Avenue is an urban route for which the City bears the costs, either through its funds or the monies it receives through transportation funding programs. Mayor Youngman suggested that, if the MDoT plans to undertake the intersection improvements, one alternative might be for the City to commit to making the necessary improvements on South 19th Avenue within the next five years. Planning Director Epple noted that the MDoT is trying to break out of its old format and be more responsive to changing situations, and that has been reflected during recent Transportation Coordinating Committee meetings. Break - 7:02 to 7:10 pm. Mayor Youngman declared a break from Commission policy. 7:02 p.m. to 7:10 p.m., in accordance with Public hearing ~ Certificate of Appropriateness to allow construction of detached garage on Lots 9 and 10, Block F, Alderson's Addition, with deviations from Section 18.18.050, Bozeman Municipal Code, to allow the garaqe to encroach 10 feet 2 inches into required 15-foot corner side yard setback and 10 feet into required 10-foot rear yard setback - Joseph Arcari, 221 South Tracy Avenue (Z-01066) This was the time and place set for the public hearing on the Certificate of Appropriateness requested by Joseph Arcari under Application No. Z-01066, to allow the construction of a detached garage on Lots 9 and 10, Block F, Alderson's Addition, with deviations from Section 18.18.050 of the Bozeman Municipal Code to allow the garage to encroach 10 feet 2 inches into the required 15- foot corner side yard setback and 10 feet into the required 10-foot rear yard setback. The subject property is located at 221 South Tracy Avenue. Mayor Youngman opened the public hearing. Planning Director Andy Epple presented the staff report. He stated that the existing dwelling on this site is a large yellow house that is prominent in appearance. Under this application, a 24-foot by 20-foot garage is to be constructed in the southwest corner of the parcel. The drive approach is to be located between two fairly large elm trees. The Planning Director noted that a deviation has been requested to allow the garage to encroach 10 feet 2 inches into the required 15-foot corner side yard along West Curtiss Street and 10 feet into the required 10-foot rear yard setback. He stated the result would be to line the garage up on the same line as the Curtiss Street frontage of the house and be on the same rear line as many other accessory buildings in the area. Planning Director Epple stated that the alley is located in a 20-foot right-of-way, and the applicant is to relocate the encroaching trash enclosure and stored materials onto his property. He noted that this will allow for better flow of traffic through the alleyway. He indicated that, when the 07-02-2001 -7- staff report was written, only one letter of support had been received. He referenced a letter received earlier today which raises some concerns about the project, including the potential for blocking the alley and infringing on the vision triangle. He characterized the concerns as valid, but not problematic. The Planning Director stated that staff has reviewed this application against the criteria contained in the zone code, and staff's comprehensive findings are contained in the written staff report. He concluded by forwarding staff's recommendation for approval, subject to four conditions. He then requested that another condition be added, to require that the garage be constructed so that the eaves do not overhang onto the public right-of-way. Responding to Commissioner Frost, the Planning Director stated the applicant has indicated a willingness to accept the condition regarding the eaves. He noted that, if the Commission wishes to ensure that the encroachments into the alley are removed, it could also add that as a condition. Mr. Joseph Arcari, applicant, indicated concurrence with the staff report as presented, and stated he feels the result will be a good improvement to his property as well as the neighborhood. No one was present to speak in opposition to the application. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Brown, seconded by Commissioner Frost, that the Certificate of Appropriateness requested by Joseph Arcari under Application No. Z-01066, to allow the construction of a detached garage on Lots 9 and 10, Block F, Alderson's Addition, with deviations from Section 18.18.050 of the Bozeman Municipal Code to allow the garage to encroach 10 feet 2 inches into the required 15-foot corner side yard setback and 10 feet into the required 10-foot rear yard setback, be approved subject to the following conditions: To keep the proposed garage as historically compatible as possible, the main level windows in the new garage shall be either double hung or fixed with divided light window panes, rather than slider windows as presently proposed. The proposed new accessory structure shall be "subordinate" to the principal building as per requirements outlined in Section 18.04.030 of the Bozeman zoning ordinance. Moreover, the height of the proposed accessory structure "shall not exceed the height of the principal structure and shall not be located within a utility easement" as required by Section 18.50.050 of the Bozeman zoning ordinance. o The eave overhang of the proposed garage shall be on the applicant's property and shall not encroach onto the alley right-of-way. The existing encroachments into the alley along the applicant's property shall be removed prior to construction of the accessory building. The applicant shall obtain a building permit within one year of Certificate of Appropriateness approval or this approval shall be null and void. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness application. Any modifications to the submitted and approved drawings shall invalidate the project's approval, unless the applicant submits the proposed modifications for review and approval by the Planning Office prior to undertaking said modifications as required by Section 18.62.040 of the Bozeman zoning ordinance. 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. 07-02-2001 8- Public hearing -Variance from Section 18.30.050, Bozeman Municipal Code, to allow construction of a single-car garage which encroaches 17 feet into required 25-foot side yard setback on Lot 5F, Bozeman Creek Annexation - Jaclyn Katz, 405 Ice Pond Road (C-0102) This was the time and place set for the hearing on the variance from Section 18.30.050 of the Bozeman Municipal Code, as requested by Jaclyn Katz under Application No. C-0102, to allow the construction of a single-car garage which encroaches 17 feet into the required 25-foot side yard setback on Lot 5F, Bozeman Creek Annexation. The subject property is located at 405 Ice Pond Road. Mayor Youngman opened the public hearing. Assistant Planner Jeff Monroe presented the staff report. He stated that the subject property is located within the "RS", Residential Suburban, zoning district, which provides for minimum one-acre lots. He noted, however, that the lots along Ice Pond Road were created prior to annexation and zoning; and the subject lot contains only 0.3384 acres. He noted that, given the size of the parcel, it is difficult to meet the required 25-foot side yard setback. The Assistant Planner stated that staff has reviewed this application in light of the three criteria established by the Montana Supreme Court, and staff's comprehensive findings are contained in the written staff report. He briefly highlighted those findings, noting that staff feels all three criteria have been met, and forwarded staff's recommendation for approval. Ms. Jaclyn Katz, applicant, stated that she checked with her neighbors before applying for this variance, and they were supportive. She noted it is difficult to construct a garage on her property any other way than what has been proposed; and not having a garage in Bozeman is also a hardship. She stated that a concrete parking pad already exists where she wants to construct the garage, and asked for Commission approval of this application. Mrs. Lynette Reid, 325 Ice Pond Road, indicated support for the proposed garage and encouraged Commission approval of the variance. No one was present to speak in opposition to the requested variance. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. Commissioner Frost noted that the staff report analyzes this application in light of the criteria very well. He then indicated his concurrence with staff's findings and voiced his support for this application. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the variance from Section 18.30.050 of the Bozeman Municipal Code, as requested by Jaclyn Katz under Application No. C-0102, to allow the construction of a single-car garage which encroaches 17 feet into the required 25-foot side yard setback on Lot 5F, Bozeman Creek Annexation, be approved. 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. Public hearing - Major Site Plan with Certificate of Appropriateness for Oakwood Office Center - allow construction of five office buildings, totalinq approximately 23,662 square feet on Lot 2B, Festival _Square PUD Subdivision - Springer Group Architects for Gene Cook, Joe Mahar and Steve Sparks (251 Edelweiss Drive) {Z-01055) This was the time and place set for the public hearing on the Major Site Plan with Certificate of Appropriateness for Oakwood Office Center, as requested by Springer Group Architects for Gene Cook, Joe Mahar and Steve Sparks under Application No. Z-01055, to allow the construction of five office buildings, totaling approximately 23,662 square feet on Lot 2B, Festival Square PUD Subdivision. The subject property is located at 251 Edelweiss Drive. 07-02-2001 9- Mayor Youngman opened the public hearing. Assistant Planner Jeff Monroe presented the staff report. He stated that this property is located adjacent to Perkins Restaurant and is in the West Main Street entryway overlay corridor. He noted that the subject parcel contains approximately two acres, and the applicant is proposing to construct five structures for professional offices on that lot. The center building is to be two stories while the others are to be one-story structures. He indicated that this parcel is located within a planned unit development, and the project must also meet the guidelines for the development. The Assistant Planner stated that staff has reviewed this application in light of the applicable criteria in the zone code, and staff's comprehensive findings are contained in the written staff report. He concluded by forwarding staff's recommendation for approval, subject to several conditions. He highlighted some of the conditions that are specific to this project, noting that the fence between this development and the residential area to the west is to be eight feet high, with additional landscaping to minimize impacts on those residences. He then distributed a memo to the Commission, dated July 2, with an additional recommended condition, to require the filing of an agreement for the shared access between this development and Perkins Restaurant. Responding to questions from Commissioner Frost, the Assistant Planner stated that as much of the existing shrubbery as possible will be saved when the fence is installed; and additional landscaping will be planted. Mr. Lowell Springer, architect representing the applicants, stated that, even though this site plan seems to be elongated, it works well with the existing development in this area. He indicated concurrence with the staff report and the recommended conditions of approval. He then noted that each of the homes in the mobile home subdivision to the west is on an individual septic system, and the sewer line for this development will be constructed in such a way that it would be extended to that subdivision if necessary to accommodate failing septic systems. Mr. Rodger McCormick, 306 South 14th Avenue, stated he owns property in the mobile home estates, where his mother-in-law currently resides. He voiced his support for this project and encouraged Commission approval. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the Major Site Plan with Certificate of Appropriateness for Oakwood Office Center, as requested by Springer Group Architects for Gene Cook, Joe Mahar and Steve Sparks under Application No. Z-01055, to allow the construction of five office buildings, totaling approximately 23,662 square feet on Lot 2B, Festival Square PUD Subdivision, be approved subject to the following conditions: The proposed six (6) foot high fence be extended to eight (8) feet along the northern proposed section, extending south from the northwest corner along the western property line approximately 80 to 85 feet. At which point the fence may drop back to six (6) feet in height. Two additional large trees per building (Buildings "A", "B" and "D") be planted along the western and northwestern corner of the property, between the rear fence and the buildings. Either ash, maple or aspen to soften the structures from the adjoining residential neighbors. Applicant will need to record all existing utility and other easements at the County Clerk and Recorder's Office on the north portion of the lot and provide copies of recorded documents prior to final site plan approval. o The applicant will provide copies of any recorded joint or shared drive easements or agreements with the southern adjoining lot to the City Planning Office prior to final site plan approval. 07-02-2001 -10- o 10. 11. 12. 13. The southernmost parking area off the shared access with Perkins Restaurant is to be modified by relocating the handicap parking space to the southwest corner stall, and replacing the existing proposed handicap space with curb enclosed landscaping to match Perkins' existing driveway access and curbing. A pedestrian access easement for the sidewalk along Edelweiss Drive shall be provided to and approved by the City Engineer. A Stormwater Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to remove solids, silts, oils, grease, and other pollutants must be provided to and approved by the City Engineer. The plan must demonstrate that adequate site drainage will be provided and include spot elevations, stormwater detention/retention basin details (including basin sizing and discharge calculations, and discharge structure details), stormwater discharge destination, and a stormwater maintenance plan. Any lighting, including that for security purposes, used to illuminate an off- street parking area, sign or other structure, shall be arranged so as to deflect light down and/or away from any adjoining properties and shall not detract from driver visibility on adjacent streets. Luminaires and lenses shall not protrude below the edge of the light fixture. Final site plan shall the location for, and a detail of, any proposed wall mounted and/or signage lighting. Lighting standards used to illuminate off-street parking areas shall not exceed twenty feet or the height of the tallest building on the lot, whichever is lower. Bicycle parking facilities shall be in conformance with standards recommended by the Bozeman Bicycle Advisory Board. All parking lots and facilities shall be subject to current Uniform Building Code guidelines for accessibility and shall contain a minimum number of disabled spaces as follows: All accessible parking spaces shall be designated as reserved for the disabled by a sign showing the symbol of accessibility at each space. Such signs shall not be obscured by a vehicle parked in a space. Raised signs shall be located at a distance no greater than five feet from the front of each accessible space and shall be subject to review and approval by the Planning Department. The configuration of the off-street parking shall be adequately dimensioned on the final site plan and shall comply with the requirements of Section 18.50.120 of the zone code unless a deviation or variance is granted by the governing body. This includes parking stall dimensions, drive aisle widths, lot surfacing, and curbing. Landscape plans shall be prepared and certified by a registered Montana landscape architect; an individual with a degree in landscape design and two years of professional design experience; or an individual with a degree in a related field and at least five years of professional design experience. Permanent irrigation systems shall be provided to all landscaped areas. Details and specifications shall be noted on final landscape plans. Trees and/or shrubs planted in retention ponds must be tolerant of prolonged immersion. Boulevard trees shall be a minimum of one per fifty linear feet and the trees appropriately staked. The Forestry Division shall be contacted for boulevard tree installation permits. 07-02-2001 11- 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. All rooftop and/or exterior mechanical equipment must be screened from view and must be shown on the final site plan. All equipment and locations are subject to review and approval of the Administrative Design Review staff. Per Section 18.50.035 (D), trash enclosures shall be constructed so that contents are not visible from a height of five (5) feet above grade from any abutting street or property. Details and specifications must be shown on 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. For private garbage collection service, a copy of the proposed final site plan showing the enclosure location and size shall be submitted to the private company for their review and approval. A copy of the proposed final site plan which has been approved and signed by a representative of the private company shall be submitted with the final site plan application. A City Curb Cut and Sidewalk Permit shall be obtained prior to final site plan approval. The Montana Department of Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineers shall be contacted regarding the proposed subject project and any permits (ie. 310, 404, Turbidity exemption, etc.) obtained prior to final site plan approval. 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). Building addresses must be approved by the Engineering Department prior to final site plan approval. The final site plan shall be adequately dimensioned and include exact locations of existing and proposed water/sewer/fire services. City of Bozeman Applications for service shall be completed by the applicant. Where services pass under retention or detention ponds, a profile of the service shall be provided which verifies that adequate cover will be maintained. The applicant must submit seven (7) copies 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. 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. 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. 07-02-2001 -12- 24. Plans and specifications for any fire service line shall be prepared in accordance with the City's Fire Service Line Policy by a professional engineer, licensed in the State of Montana, and be provided to and approved by the City Engineer prior to initiation of construction of the fire service or fire protection system. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. 25. The proposed fire service line from the water main to the building is the owner's responsibility and shall be installed in accordance with City of Bozeman modifications to the Montana Public Works standards. 26. All infrastructure improvements, must be installed, inspected, tested and accepted by the City prior to issuance of an occupancy permit. 27. Water and Sanitary Sewer applications shall be submitted and fees paid at the Building Department prior to the installation of the services. 28. The disabled accessible space shall be signed "Van Accessible" and provide an eight (8) foot wide parking space with an eight (8) foot unloading aisle per Section 18.50.120.F.3.b. 29. Per Section 18.50.110.2 "Change of Use or Occupancy of Buildings", with any change of use or occupancy of any building or buildings, including additions to buildings that may require more parking, an occupancy permit is required and shall not be issued until such additional parking spaces, as required by this title, are furnished. 30. A comprehensive sign plan shall be submitted with the final site plan. A sign plan is for uses consisting of two or more tenant spaces and shall provide the details outlined in Section 18.65.080. Each tenant shall be required to submit a sign permit application for any proposed exterior signage in accordance with the comprehensive sign plan and Section 18.65 of the City of Bozeman zoning ordinance. Any proposed signs must follow City of Bozeman required sign permitting procedures including a Certificate of Appropriateness application. 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. Discussion (continued) - FYI Items (16) Planning Director Epple stated he will start interviewing candidates for the Historic Preservation Officer position this week. He indicated that the Urban Designer position has been reopened in an attempt to attract a larger pool of applicants, and he anticipates that position will be filled in August. (17) Director of Public Service Debbie Arkell stated that street clean-up is progressing, with next week beginning the big sweep through the community. She noted that crews are also busy with the regular seasonal activities, and she is now waiting to see if the disaster emergency bill is signed, so the City could receive some financial assistance for the clean-up. (18) Staff Attorney Patricia Day-Moore asked for Commissioner direction on the changes to be made to the noise ordinance, since she was not in attendance at the meeting when the Commission discussed it. She noted that a review of the notes from that meeting revealed the three key issues seemed to be solid waste removal, the reasonable person standard and snow removal. She then reminded the Commission that she drafted this ordinance at their direction, after hearing specific comments about people blowing snow at 3:00 a.m. She stated that in this ordinance she 07-02-2001 -13- has tried to prevent the blowing of snow from the sidewalks; however, through the definitions and provisions of this ordinance, she has excepted parking lot snow removal from the prohibitions. She indicated that, during her review of the ordinance today, however, she determined it could possibly be construed to allow sidewalk snow removal as well, and she intends to modify the ordinance to remove that possibility. Mayor Youngman suggested that, for those parking lots located next to residences, some type of compromise may be needed, noting that a quieter method of snow removal may be one option. Staff Attorney Day-Moore recognized that mixed use areas will be problematic, noting that this ordinance is designed to work in conjunction with the zoning ordinance, which includes decibel levels. Mayor Youngman asked what the Commission wants to do about snow removal from sidewalks, noting that this process began in response to a citizen complaint and her intent was to allow the use of snow removal equipment from 6:00 a.m. to 8:00 p.m. Commissioner Frost suggested that snow could be removed from commercial and mixed use areas during nighttime hours, but the use of snow removal equipment in residential areas should be limited. A majority'of the Commissioners concurred. Staff Attorney Day-Moore noted that the ordinance also precludes solid waste collection before 5:00 a.m. She stated that BFI uses a three-stage pick-up approach that lasts 15 to 20 minutes, and it is that schedule that has caused residents to complain about the early morning collections. The Staff Attorney stated that the reasonable person standard is enforceable under state law, and could be used until the City obtains the decibel meter necessary to enforce the decibel levels in the zone code. (19) Staff Attorney Day-Moore stated that the settlement agreement on today's agenda is now public information. (20) Mayor Youngman stated that she talked to Jonathan Ford at MSU today about the fact that they are cutting down the cottonwoods along the ditch south of Kagy Boulevard, and all of them will be cut within the next couple days unless steps are taken to stop the process. She characterized the area now as "naked mud", and voiced concern that the property owners most impacted in that area were not notified of the intent to cut these trees. She recognized the premise is that, by cutting these trees, there is more irrigation water for trees planted on the campus; however, she stated that mature habitat should not be sacrificed for the water. She suggested that, if the Commission supports it, she will submit a letter to Mr. Ford's office tomorrow morning asking that the tree cutting be stopped immediately. Commissioner Brown stated that he is distressed by the removal of trees, but he's reluctant to tell another government entity what to do. He indicated, however, that he would not mind working with MSU on this issue. Mayor Youngman suggested an alternative could possibly be to relocate some of the remaining trees, and asked if the City's tree spade could be used to move the trees to the Sundance Springs park within the next few days. Commissioner Smiley asked that all Commissioners be notified earlier in the process when this type of situation arises. A majority of the Commissioners voiced their concerns about the cutting of these trees, and indicated a willingness to support the writing of a letter if the Mayor chooses to do SO, (21) Commissioner Frost asked that the park maintenance district be placed on a mail ballot as soon as possible. He recognized that a mail ballot is expensive; however, he feels it would be worth doing so rather than waiting another year. 07-02-2001 -14- Commissioner Brown noted that the County has passed a resolution to place an 11- mill levy for the 9-1-1 operations on this fall's ballot; and that levy will provide 30 percent additional funding for those operations as well as free up $250,000 of the City's general fund monies for other uses. He also expressed concern about forwarding one issue to the voters at a time, particularly when there's a "laundry list of prioritized items". Mayor Youngman noted the argument for the 9-1-1 mill levy is that it will decrease the impact on city residents; and she cannot imagine forwarding three different financial issues separately in one year. After discussion, it was decided that a park maintenance district should not be forwarded to the voters at this time. (22) Commissioner Brown submitted the following. (1) Stated that he attended the economic development conference in Great Falls, characterizing it as a two-day conference with several high-powered speakers and an attendance of 1100 people. He noted that during the conference he met Mr. John O'Donnell, Executive Director of the TechRanch, who wants to make a presentation to the Commission. He voiced his discouragement at the lack of coverage of this conference in the Bozeman newspaper. He also indicated a willingness to share his notebook from the conference with the other Commissioners. (2) Stated that the Senior Citizens' Advisory Board met and wants to make changes to its bylaws. He noted that they will meet again on August 6. (23) Commissioner Kirchhoff asked if any of the Commissioners are supportive of improving the tennis courts at Southside Park, noting it will cost approximately $75,000 to remove the old surface and put in a slightly expanded new surface. He stated it has been listed as an unscheduled project in the capital improvement program for the past three years. During discussion, the Commissioners recognized the need for improving the tennis courts; however, they were concerned about adding an item to this year's program at this late date. They indicated a willingness to further consider this item, however, if the tennis group comes up with a substantial amount of money for the project. (24) Commissioner Kirchhoff stated he received a call from Kelly Pollington, Montana People's Action, voicing interest in participating in facilitated discussions even if some of the other parties choose not to. Mayor Youngman suggested an option might be to hold the public hearing first, so all issues can be aired, then proceed to facilitated discussion; and another option is to have facilitated discussion, the public hearing, and another facilitated discussion. The Commissioners concurred with the process that includes two facilitated discussions, recognizing that no new parties would be allowed to participate in the second discussion. (25) Commissioner Kirchhoff stated he told the Library Board of Trustees that the Commission would be willing to talk to them again after the bond issue was passed. He noted the Board would like to discuss the Memorandum of Understanding again and seek approval for disposing of the contaminated dirt in the City's landfill. Adjournment - 9:20 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Kirchhoff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Kirchhoff, Commissioner Brown, Commissioner Smiley and Mayor Youngman; those voting No, none. 07-02-2001 -15- ATTEST: ROBIN L. SULLIVAN Clerk of the Commission 07-02-2001