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HomeMy WebLinkAbout2001-04-16 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA April 16, 2001 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, April 16, 2001, at 6:00 pm. Present were Mayor Youngman, Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, City Manager Johnson, 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 2 and April 9, 2001 It was moved by Commissioner Brown, seconded by Commissioner Frost, that the minutes of the meeting of April 9, 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 delayed action on the minutes of the meetings of January 18 and February 7, 2000, and January 30 and April 2, 2001, to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Proclamation - "Arbor Day" - April 27, 2001 Commission Resolution No. 3437 - establishing a revised landfill fee schedule, effective April 22, 2001 COMMISSION RESOLUTION NO. 3437 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING A REVISED LANDFILL FEE SCHEDULE FOR USERS OF THE CITY OF BOZEMAN LANDFILL. Commission Resolution No. 3438 - revising the rules of procedure COMMISSION RESOLUTION NO. 3438 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE RULES OF PROCEDURE FOR THE CONDUCT OF CITY COMMISSION BUSINESS. Authorize closing of various funds, per memo from Assistant Finance Director Biekert, dated April 6, 2001 Authorize City Manager to sign - Sewer and Water Pipeline and Access Easement and Agreement - Cape France Enterprise - 30-foot-wide easement across Tract A-l, COS No. 1827 (along south side of Valley Center Road) 04-16-2001 -2- Authorize City Manager to sign - Release and Reconveyance of Easement - 20-foot- wide public utility easement across Lots 1 and 2, Block 13, Annie Subdivision, Phase I (Fellowship Baptist Church, 2165 Durston Road) Appointment of Commissioner Frost and Commissioner Smiley to sub-committee to review Pledged Securities as of March 31, 2001 Proclamation - "Retired and Senior Volunteer Program Recognition Day" - April 22, 2001 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. 'r. he 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. Work Session re Transportation Plan Update Included in the Commissioners' packets was a memo from Associate Planner Saunders, dated April 11, forwarding a list of potential modifications to the draft plan, as discussed by the Transportation Coordinating Committee (TCC). Following initial discussion, this discussion was continued until April 30, 2001. Commissioner Frost distributed his Sixteen Key Principles our Transportation Plan Must Meet to Build a Healthy Community. Associate Planner Saunders reminded the Commissioners the public comment period on the transportation plan will be closed on May 4, 2001. He noted the transportation plan and the Bozeman 2020 plan planning have been underway for 2 years now. The 2020 plan calls for development center-based patterns of design which directly support the transportation plan. Mr. Saunders stated both the transportation plan and the Bozeman 2020 plan focus on compact development plans. He highlighted the interrelationships between the two plans, recognizing both plans support non-motorized traffic patterns, and noted peak hour traffic is what decides whether or not the system is going to function properly. Associate Planner Saunders added that bicycle and pedestrian facilities will be built into the new road networks, and both the transportation plan and the 2020 plan will support affordable housing through good transportation planning. Planner Saunders noted the capital facilities overlay district was created as an incentive to developers in an attempt to establish a priority area where it will be encouraged to support compact, cost efficient means of development. Mr. Saunders told the Commissioners the transportation plan was deliberately built on a high- growth transportation model because of the problems that arose from the 1993 study, which underestimated growth. The Bozeman 2020 plan projections are based on a more moderate growth pattern, but they made sure there is an adequate cushion built in in case growth is higher. The 1993 transportation plan will be rolled into the Bozeman 2020 plan as a foundation element in case the new transportation plan is not completed for inclusion. He also noted transportation originating from outside the city has a significant impact on Bozeman. Commissioner Brown asked if the problems of Sourdough Road have been resolved. Associate Planner Saunders replied the Transportation Coordinating Committee agreed to make improvements to Sourdough Road to make it safe for pedestrian traffic. 04-16-2001 Mayor Youngman offered she would like to see the Commission agree on what is going to be done and when, which cannot be accomplished tonight because of time constraints. She added the walkable communities ideas submitted by Mark Haggerty, and distributed during the meeting, and the transportation suggestions submitted by Commissioner Frost need to be considered. In response, Commissioner Smiley suggested reviewing the information this week and bringing it back for discussion next week. Mark Haggerty, 308 South 5 Avenue, provided an overview of his memo to the Commission. He reiterated Dan Burden's principles of walkable communities, which include a community must be livable, and livable communities are walkable communities. He feels the transportation plan can be fixed to achieve these principles. He outlined a few design principles to be "fixed" in the new transportation plan. 1 ) Homes need to be built close to businesses, be higher in density, and future transportation projections are too high even with the same number of houses and population projections. 2) Road capacity standards are too high. In his letter, he provided revised standards by Dan Burden. 3) Level of service, which is a measure of how long people are delayed in their autos, doesn't take into account environmental and social criteria. 4) Appropriate street design standards are outlined in the letter and should be incorporated into all road improvements or new road construction. 5) Restricting access to roadways is the key; the number of commercial accesses mid-block need to be limited. There does not need to be one for every business. The goals of the Bozeman 2020 plan of creating neighborhood centers have to include restricted access on corridors to make them safe. The street designs need to replicate old street designs. 6) Fiscal concerns. Most communities concerned with increasing costs are using fiscal hooks; beginning to direct land use by restricting public expenditure of money only to identified priority areas. This doesn't prohibit development outside of these areas, but it does force developers to pick up the costs. It is too expensive to build our way out of congestion. 7) Public participation. Any new construction will have to go before a public participation process. So far there has been only reactive planning. He would also like to see the principles and policies laid out for future public participation. Commissioner Brown commented it seems that after present Bozeman is filled up, development will have to be built farther from town, which will expand the transportation needs. Mr. Haggerty replied developments should be created to include new nodes of employment, shopping opportunities, etc. so people will not have to go outside their areas for services. It won't be necessary to build big ring highways to bring people in and out of town because not everyone will be going to the same areas; they will be living near their services. He added the intent is to try to provide options for the community, not dictate how and where people should live Mayor Youngman suggested the Commission could wait 2 weeks to have an earnest discussion regarding this. In the meantime, the Commissioners should e-mail any questions regarding his handout to Commissioner Frost. Commissioner Frost offered he used information he has collected the last 6 years to compile his list, including principles Ifle thinks need to be included in the transportation plan. The big difference is he doesn't believe streets should just be planned for cars; but for all kinds of ways to travel, which makes it more complex. Commissioner Frost pointed out the most interesting thing is studies show that people really don't care if their speed is slow as long as they keep moving. The 04-16-2001 4- frustration begins when they are stopped or stalled. The focus needs to be on continuously moving traffic, rather than just making the lanes bigger and the speeds faster. Discussion re impacts of Folf on Lindley Park Distributed just prior to the Commission meeting were copies of a memo from the Recreation and Parks Advisory Board, dated April 13, and a letter from the Tree Advisory Board to the Recreation and Parks Board, dated April 12. Commissioner Frost stated he was attending the Tree Board meeting last week when this discussion was brought forward by Judy Blackmore's photos of the trees in Lindley Park. All were amazed by the damage, and the Tree Board decided to write a letter to the Recreation and Parks Board and the City Commission to let them know they are concerned about the damage. He noted the damage can be seen by walking through the park. Commissioner Frost recently chatted with a group of folfers who were practicing by hitting one tree continuously. They said the trees aren't being hurt, and there is no reason for them to stop what they are doing. Commissioner Frost then showed the other Commissioners a frisbee golf disc, a hard and sharp object, which could hurt a child or other passers-by. Commissioner Frost feels the flagship of the city's park system is being risked by allowing this to happen and something needs to be done. He acknowledged the folfers need someplace to play, but damaging such important public property cannot be allowed to continue. Several years ago an article in the Hawk Talk said there are 1000s of people who play folf in the park; and according to neighbors, this is not an exaggeration. Commissioner Frost noted it is up to the folfers to determine where they're going to go and to get organized and make it happen. Most folfers are college students who are old enough to organize and take care of what needs to be done. It is going to take increased patrolling of the park to ensure folf doesn't continue there. Commissioner Smiley agreed the pictures show good examples of the damage, adding those trees have been tortured long enough; and this is not okay for the trees. She also agreed with Commissioner Frost that the folfers should be responsible for finding alternative locations, but they cannot be allowed to play in Lindley Park any longer. Jon Gerster, 719 North Wallace and member of the Tree Board, said he received a call during spring break pleading for the trees in Lindley Park so he walked through the park one morning expecting to find this was perhaps an overblown situation. By the time he was done with the first two holes, it was alarming. He noted his concern is from a tree standpoint and given the value of the trees, this cannot be allowed to continue any longer. The City needs to error on the side of what is living in that park. Lindley Park is indeed the city's flagship park, and the damage that has already been done is irreversible; therefore, some emergency action is required. Superintendent of Facilities and Public Lands Goehrung noted some of the damage is completely through the bark and into the wood below. The damage is evident and quite massive. The Tree Board recommends folf be moved out of Lindley Park by November, 2001; it will be hard to kick the folfers out immediately. This needs to be a strictly adhered to time schedule that is not extendable. The folfers are highly energized people who are full of ideas, and they should be able to come up with an attractive alternative. Recreation and Park Board chair, Joanne Jennings, said this is an issue that has come to the Board several times previously; and at their last meeting, they did make a recommendation that the folf course be reduced to nine holes, and not nine new holes, by June 1 and be completely out of Lindley Park by November 1. However, it is important for them to have another home to go to. The East Gallatin Recreation Area was previously thought of as a good alternative, but it is no longer. Rose Park is the suggested location now because it is undeveloped at this time. She suggested the City offer some staff support for the folfers to find a solution fast that would save the trees in Lindley Park and would also prevent discs from sailing around when there are other activities in the park. Mayor Youngman noted a correction to the Recreation and Parks Advisory Board letter; the entire course should be removed by NOvember 1 rather than by July 1. 04-16-2001 5- Chris Nixon, 719 North Wallace Avenue and member of the Beautification Board, noted this issue was discussed at their last meeting. After a walk-through of the course to survey the damage, he was surprised and dismayed to see the extent of that damage. He cautioned the Commissioners to be careful when considering reducing the folf course down to nine holes because the full gamut of space around the posts and baskets is being severely damaged. Moving the 9ohole course may be better for the health of the currently damaged trees, but other trees and limbs will be damaged. He noted the course is now getting use all year long because of the mild winters of the last several years. He suggested the City should require the 9-hole course be located in an area without trees. The Beautification I~oard is supportive of the folf activity, and they need a place to play; but wherever folf is played, plants are not compatible. Commissioner Smiley stated the damage caused by this activity has to be stopped because the city cannot lose its trees and plants; and they cannot tolerate another summer from looking at these pictures. She suggested getting together with the folfers to find another location so they can continue to play, but not in Lindley Park. Commissioner Brown stated there is, indeed, a lot of damage to the trees; and he feels a sense of urgency to do something about it, believing change cannot be delayed until fall. He suggested perhaps someone could diagram a course for nine holes that would result in less damage. Superintendent of Facilities and Public Lands Goehrung noted he tried to get this conversation going a year ago because of the early damage occurring to the trees, but that effort was "cut off at the knees" because of no support. There has been ongoing, year-round play over the past two winters because of the mild weather. He added if the closing of the course is accelerated, the Police Chief or someone else will need to be involved because most violations will occur in the evenings and on weekends. He noted the pros and cons of creating a new course have been debated because of new damage to new trees. Other groups have user agreements for use of the city's parks, but this group does not. Mr. Goehrung suggested the costs of relocating a new course and the rehabilitation of Lindley Park to its former grandeur should also be taken into account. Commissioner Frost inquired if the Forestry Department has done any type of survey to see how extensive the damage really is, so it can be determined what needs to be done to rehabilitate the park. Superintendent of Facilities and Public Lands Goehrung stated not as of yet. The Forestry Department has been cutting any limbs that look threatening to public safety before the Sweet Pea Festival so they don't fall and injure anyone. The Forestry crews are starting to gear up for the spring and summer season, so they might have time now to do a quick count of the number of trees damaged. Commissioner Frost stated he hates to see the damage continue by allowing folf to continue until next fall. The Commission needs to know if these trees can't take any more, or if they can survive another year with further damage. SuPerintendent of Facilities and Public Lands Goehrung stated there is no way of knowing what the level of play will be during the current year. Commissioner Smiley asked to have an assessment of the damage by next week, and Mr. Goehrung responded he will try to have that information to the Commission by next week. He will provide an assessment of the number of trees damaged and the degree of that damage. It was moved by Commissioner Frost, seconded by Commissioner Smiley, to accept the Recreation Board's recommendations for further decision-making and direct the City of Bozeman Forestry Department to look at a 9-hole course to determine how much damage would be done and to direct the City to provide more enforcement during the summer so people other than folfers can use and enjoy Lindley Park and direct that contact be made with the folf group regarding use of the course. 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. 04-16-2001 -6- Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1) Copy of a letter from Cache Hartzell, 2030 Watts Lane, to the County Planning Department regarding open space and the Tatarka-Simgraf subdivision. (2) Copy of a letter from Will Hartzell, 2030 Watts Lane, to the County Planning Department voicing concern about the proposed Tatarka-Simgraf subdivision. (3) Copy of the April 2000 RSVP newsletter. (4) Copy of a notice that a majority of the Commissioners may be attending portions or all of the Parking Commission's day-long retreat, being held on Friday, April 20. (5) (6) Copy of a public notice reminding landfill customers of the regulations at the landfill. Copy of the planning projects t° be considered at upcoming Commission meetings. (7) Minutes from the Montana Transportation Commission meeting held on January 31 and telephone meeting of March 3, 2001. (8) Agendas for the City Planning Board hearings on the proposed master plan held on April 10 and April 12 at the Holiday Inn. (9) Memo from the Planning Department indicating that no City Planning Board or Zoning Commission meeting will be held on Tuesday, April 17 due the lack of agenda items. (10) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, April 17, at the Courthouse. (11 ) Agenda for the Transportation Coordinating Committee meeting to be held at 9:30 a.m. on Wednesday, April 18, in the Commission Room. (12) Agenda for the Development Review Committee meeting to be held at 10:00 am on Tuesday, April 17, in the Conference Room at the Alfred Stiff Professional Building. (1. 3) Copy of letter from Jon Gerster, representing the Northeast Neighborhood Association, providing comments on the major site plan submitted for Ponderosa Land Development, Empire Storage Materials. Public hearing - Ordinance No. Residential Parking District - annexing the 500 block of South 7th Avenue into the MSU This was the time and place set for the public hearing on a draft ordinance to annex the 500 block of South 7th Avenue into the'MSU Residential Parking District, entitled: ORDINANCE NO. 15 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY AMENDING SUBSECTION A OF SECTION 10.32.395. PERTAINING TO THE AREA DESIGNATED AS THE MSU RESIDENTIAL DISTRICT TO INCREASE THE AREA TO BE INCLUDED WITHIN SAID DISTRICT, PURSUANT TO SUBSECTION M OF SECTION 10.32.395., WHICH CREATES THE PROCEDURE FOR REVISING THE BOUNDARIES OF AN ESTABLISHED RESIDENTIAL ON-STREET PARKING PERMIT REGULATION PROGRAM. Mayor Youngman opened the public hearing. 04-16-2001 7- Assistant City Manager Brey presented the staff report, noting copies of the draft ordinance, staff report, a copy of the notice to residents, and a map of the area were provided to the Commissioners. He stated that over the last 5 years the City has had inquiries from residents for annexation into the parking district. A petition was received, signed by one-half the residents of that block. Mr. Brey stated when he visited the area, there were a number of cars parking on this street that clearly belonged to students. Jim Kiefer, 518 South 7th Avenue, said he was speaking in favor of creation of this parking district. Parked cars are problematic for the residents, especially in the winter when crews are trying to plow streets because the plow has to plow around those vehicles, which leaves a mess for the homeowners. Mr. Kieffer stated people don't just park on this street; they abandon there, which makes it hard for homeowners, particularly those with physical disabilities. He asked the Commission to pass the ordinance. Vanessa Sexson, 515 South 7th Avenue, stated she has a toddler, which is why she'd like to see this ordinance pass. Because of the number of cars parked on the street, they have to park quite some distance from their home and walk with a child, groceries, etc. in tow. She said the residents of this neighborhood need to be able to access their homes from a closer distance. Glen Welch, 523 South 7th Avenue, noted it is not possible for him to park in front of his house unless he's there by 7:00 am. He said he strongly hopes this ordinance will pass. He then asked how many cars are allowed per residence. Assistant City Manager Brey responded that any cars owned by residents inside the parking district are entitled to have a resident parking permit placed on them. There is a limit of two visitors' permits per residence in the parking district. Commissioner Frost then asked how long the guest permits are allowed. Mr. Brey answered that the address of the residence to which the permit is issued appears on the tag; and if it is suspected that irregularities are occurring, they are investigated by the parking enforcement officers. Assistant City Manager Brey reminded the Commissioners they need to base their decision on the findings listed in the conclusion of his memo. All three conditions from the first section must be met, and at least one condition from the additional objectives must also be met. City Manager Johnson noted there is a very limited number of parking control officers in the city, and it is very helpful if residents would call 582-2000 and report the license plate number and description of abandoned vehicles so they can moved. He added that it is the neighbors who help make these programs successful. Since there were no objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that Ordinance No. 1536, annexing the 500 block of South 7th Avenue into the MSU Residential Parking District because the Commission has found the same conditions are met as were met for the establishment of the original district and that the area proposed is predominantly residential in character, is an area where the streets are regularly congested with vehicles parked by persons not residing in the area, is an area where limiting the parking of vehicles along the public streets better provides adequate motor vehicle parking for residents of the area, and the Commission also finds that the creation of this residential permit parking area would promote tranquility among commuters and residents, be provisionally adopted and that it be brought back in two weeks for final adoption. 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. Break 7:32 pm Mayor Youngman declared a break from 7:32 pm to 7:41 pm in accordance with Commission policy. 04-16-2001 -8- Public hearing - COA with deviation from Section 18.50.050.E., Bozeman Municipal Code, to allow for the construction of a new 28-foot by 32-foot detached gara.qe on a 50.2-foot by 175-foot tract of land in Block C, Beall's 2nd Addition, which exceeds height and floor area of existing principal residence - Ron Oxnam, 524 North Black Avenue {Z-01020) This was the time and place set for the public hearing on the Certificate' of Appropriateness, as requested by Ron Oxnam under Application No. Z-01020, with a deviation from Section 18.50.050.E. of the Bozeman Municipal Code, to allow for the construction of a new 28-foot by 32- foot detached garage on a 50.2-foot by 175-foot tract of land in Block C, Beall's 2nd Addition, which exceeds the height and floor area of the existing principal residence. The subject property is located at 524 North Black Avenue. Mayor Youngman opened the public hearing. Historic Preservation Planner Strahn presented the staff report, noting this is an R-3 zone; and staff is supportive of this application. Staff recognizes in this case the deviation is justified since the house is quite small, and there is precedence for such a project in the neighborhood. Three letters of support for this project have been received; none in opposition. Ron Oxnam, 524 North Black Avenue', stated there is a big apartment building across from him which prohibits him from parking in front of his house. He would like to construct this garage so he can park in the rear, as can his guests. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner KirchhOff, seconded by Commissioner Bro.wn, that the Certificate of Appropriateness, as requested by Ron Oxnam under Application No. Z~01020, with a deviation from Section 18.50.050.E. of the Bozeman Municipal Code, to allow for the construction of a new 28-foot by 32-foot detached garage on a 50.2-foot by 175-foot tract of land in Block C, Beall's 2nd Addition, which exceeds height and floor area of existing principal residence, be approved, subject to the following conditions: The applicant shall obtain a building permit within one year of Certificate of Appropriateness approval or this approval shall become 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 zone code. 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. Public hearing - Major Site Plan/Certificate of Appropriateness - C&H Engineering for Richard Maus - allow construction of 28,624-square-foot heavy manufacturing and industrial building on Lot 21, Gordon Mandeville State School Section Subdivision (84 Meadow Lane) (Z-01023) This was the time and place set for the public hearing on the Major Site Plan and Certificate of Appropriateness, as requested by C&H Engineering for Richard Maus under Application No. Z-01023, to allow for construction of a 28,624-square-foot heavy manufacturing and industrial building on Lot 21, Gordon Mandeville State School Section Subdivision. The subject property is more commonly located at 84 Meadow Lane. 04-16-2001 -9- Mayor Youngman opened the public hearing. Assistant Planner Morris presented the staff report, noting the conditions are as outlined in the staff report. Both Planning staff and the Development Review Committee find this application is in compliance with the established criteria; and therefore, recommend approval, subject to conditions. Mark Chandler, C & H Engineering & Surveying, 2415 West Main; Suite 1, stated he was here to answer Commissioner questions; but the Commissioners had none. Since there were no objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Brown, seconded by Commissioner Frost, that the Major Site Plan and Certificate of Appropriateness, as requested by C&H Engineering for Richard Maus under Application No. Z-01023, to allow for construction of a 28,624-square-foot heavy manufacturing and industrial building on Lot 21, Gordon Mandeville State School Section Subdivision, be approved, subject to the following conditions: Final site plan approval is contingent upon the execution of the Annexation Agreement and the payment of the cash in-lieu of water rights. The Annexation Agreement shall be accepted by the City prior to final site plan approval and the issuance of a building permit. The number of tenant spaces, square footage per tenant space, and the actual uses within the building have yet to be determined by the applicant. However, the site plan indicates thirty-eight (38) standard parking spaces being provided. Therefore, based on the number of parking spaces specified, not more than 25% of the building or 7,000 square feet may be utilized for retail uses and/or office space. The applicant shall note the restriction, as outlined, on the final site plan. The gravel access noted on the north side of the property shall not be permitted unless the drive is paved, set back fifteen (1 5) feet from the property line, widened to a sixteen (16) foot width for one-way or twenty-four (24) foot width for two-way access and the six inch perimeter curb is continued along the full length of the drive access and tied into the northeast corner of the building. Otherwise the gravel drive access noted on the site plan shall be removed and the perimeter curb shall be installed to the northwest corner of the building. 'The bay door on the north side of the building shall be removed or a paved drive access shall be provided to the door either as outlined in Section 18.50.100 or the property owner shall provide a paved drive access from Meadow Lane. In the event the property owner chooses to provide a drive access along the north section of Meadow Lane then the road shall be paved and curb and gutter shall be installed to the northeast corner of the property. A drainage easement for the portion of 36-inch storm water culvert extension, located on private property, shall be provided prior to final site plan approval. The easement shall be a minimum of 20 feet in width, with the utility located in the center of the easement. The boulevard trees noted on the landscaping plan shall be moved to within 2 ¼ feet of the back of the curb on Meadow Lane at a spacing of one per fifty (50)linear feet. The location of the stormwater detention/retention ponds and the snow storage areas shall be depicted on the landscape plan and no landscaping shall be planted within the ponds or snow storage areas. 04-16-2001 10- 10. 11. 12. 13. 14. 15. 16. 17. 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. 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 1 year of final site plan approval. Building permits will not be issued until the final site plan is approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of the final site plan, including excavation and footing preparation, but NO CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED, Plans and specifications for the storm drain culvert, street paving, and water main extension prepared and signed by a Professional Engineer (PE) shall be provided to and approved by the City Engineer. Water plans shall also be approved by the Montana Department of Environmental Quality (DEQ). The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Specific 'comments regarding the existing and proposed infrastructure shall be provided at that time. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre-construction conference has been conducted. 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. It is the property owner's responsibility to install the 1 ¼-inch domestic water service to the curb stop with'the water main extension to the City of Bozeman standards. The proposed fire service line from the water main to the building is the owners responsibility and shall be installed in accordance with City of Bozeman modifications to the Montana Public Works standards. All infrastructure improvements, must be installed, inspected, tested and accepted by the City prior to issuance of an occupancy permit. Water and Sanitary Sewer applications shall be submitted and fees paid at the Building Department prior to the installation of the services. A lighting detail shall be provided on the final site plan and a manufacturer's cut sheet shall be provided for each style of light utilized for the exterior lighting of the building. All lighting shall be arranged so as to deflect light down and/or away from any adjoining properties and shall not detract from driver visibility 04-16-2001 -11- on adjacent streets. Luminaires and lenses shall not protrude below the edge of the light fixture per Section 18.50.035.1. 18. The disabled accessible space shall be signed "Van Accessible" and provide an 8-foot wide parking space with an 8-foot unloading aisle per Section 18.50.120. F.3.b. 19. Adequate street frontage landscaping shall be provided along the north section of Meadow Lane as provided in Section 18.49.060.E.1, "Street Frontage Landscaping Required". At least one approved large canopy tree shall be planted for every fifty (50) feet of linear street frontage within 2~ feet of the back of the curb. 20. Per Section 18.49.060 "Parking Lot Landscaping", internal parking lot landscaping shall be provided at both sides of the ingress/egress driveway so as to define the aisles. The minimum width and/or length of any parking lot landscaped area shall be 8 feet. 21. The location for and a detail of a bike rack shall be shown on the final site plan per Section 18.50.035.R. 22. 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. 23. 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 zone code. 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. Public hearing - Major Site Plan/Certificate of Appropriateness - Don Amos for Carl Lehrkind III - allow construction of additional 18,000-square-foot storage area to rear of existinq building on COS No. 547 (Lehrkind's Coca-Cola, 1715 North Rouse Avenue) (Z-01021) This was the time and place set for the public hearing on the Major Site Plan and Certificate of Appropriateness requested by Don Amos for Carl Lehrkind III, under Application No. Z-01021, to allow for construction of an additional 18,000-square-foot storage area to. rear of existing building on Certificate of Survey No. 547. The subject property currently houses Lehrkind's Coca-Cola and is located at 1715 North Rouse Avenue. Mayor Youngman opened the public hearing. Temporary Planner Monroe presented the staff report, stating staff is recommending conditional approval. The Development Review Committee and the Design Review Board have reviewed this application against the criteria set forth and recommend approval, subject to the conditions outlined in the staff report. Mr. Monroe also distributed copies of a flyer showing the type of light shield recommended to the applicant. Mr. Monroe added one letter has been received from a citizen regarding the installation of sidewalks. Previously staff has not required sidewalk installation in industrial areas. Further, Rouse Avenue is a state highway and is not within the City's jurisdiction. 04-16-2001 12- Commissioner Brown asked if sidewalks are put in, where would they go; and where would trees be planted? Temporary Planner Monroe replied there is a waiver for future SIDs on file if sidewalks are installed in the future. He added the state will allow a temporary walk that could be moved in the future, if the owner so desires. Responding to concerns from Commissioner Frost regarding the lighting fixtures, Temporary Planner Monroe assured him these fixtures have been approved for use and the condition applies to existing lighting fixtures as well. Commissioner Kirchhoff questioned Planning staff's recommendation that a screening device, that will screen the outside storage area from the North Rouse Avenue corridor, be installed if outside storage continues, saying he would have thought placing an opaque wall would be a condition rather than a suggestion. Planner Skelton answered that if the materials remain stored outside, staff asks that outside storage areas be screened by an opaque wall and additional landscaping. Carl Lehrkind, 1715 North Rouse Avenue and applicant, stated they agree with the staff report and the conditions. The reason this addition is being constructed is to eliminate the necessity for outside storage. Chris Nixon, 719 North Wallace Avenue, said he had spoken with Temporary Planner Monroe regarding the sidewalk condition. He said he would like to make the Commission aware that 3 years ago one of big issues identified during the northeast neighborhood meeting is there is nowhere to walk for the students. There is no pedestrian safety area, which is a big problem. The new Boys and Girls Club will now be built further out on Rouse Avenue, which increases the need to get some sort of pedestrian safety measures along Rouse Avenue. Mr. Nixon offered he has talked to Rob Buckvich, MDoT, who said it will be several years before the planning of Rouse Avenue improvements begins; and it will be 5 or 6 years after that before the actual improvements would occur. Mr. Nixon stated there needs to be a walkability solution to these streets for pedestrian safety. He suggested the additional parking spaces be eliminated and those monies put into installing sidewalks and trees. Chandler Dayton, 716 East Peach, asked for staff to clarify why the city has to wait for the state's timetable for installation of sidewalks on Rouse Avenue. Debbie Arkell, Director of Public Service, stated the Bozeman Area Transportation update calls for the widening of Rouse Avenue to three lanes, to include both pedestrian and bike facilities. She continued, saying the typical sidewalk is located 1 foot from the property line, which will probably have to be removed when the improved roadway is constructed if it were installed now. Ms. Dayton asked if it would be possible to do a sidewalk installation project in phases, starting north of Peach Street. Director of Public Service Arkell stated there is always that possibility; however, she believes that area is not included in the sidewalk program at this time. Mayor Youngman suggested if NENA is interested on working on this sidewalk issue with the City, they should advise staff; and a meeting could be arranged, including Rob Buckvich, to determine the next step. Chris Nixon asked if Mr. Lehrkind could save the money currently being spent on the additional parking requirement and put that money toward a sidewalk fund. Temporary Planner Monroe replied the additional parking is required in the event this storage area should be used for another purpose. Staff would consider reducing the parking requirement if the applicant would be interested in Mr. Nixon's suggestion. Mr, Lehrkind responded they will take a look at that possibility. Commissioner Frost indicated he has no problem with this proposal. Commissioner Kirchhoff stated he, too, supports this application; and if the applicant wishes to participate in the pedestrian amenities that is great, but he doesn't believe it makes a lot of sense to put in a stretch of sidewalk that doesn't connect to anything. Commissioner Kirchhoff reminded the Commissioners that at last week's meeting the Commission agreed to communicate with the state regarding the planting of boulevard trees on North 04-16-2001 -13- and South 19th Avenues, and he asked if any cOmmunication had yet taken place. Planning Director Epple responded he had an informal meeting with MDoT officials, and they have proven to be more receptive to ideas than they have in the past. The state would be pleased if an SID were formed and funded; and that creation, coupled with design submissions, may be the impetus the state needs. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Major Site Plan and Certificate of AppropriateneSs requeste~l by Don Amos for Carl Lehrkind III, under Application N-o. Z-01021, to allow for construction of an additional 18,000-square-foot storage area to rear of existing building on Certificate of Survey No. 547, be approved, subject to the following conditions: That the applicant also include the 15 additional off-street parking spaces and 1 handicap parking space as required by the Bozeman zoning ordinance in the final site plan. A minimum 8-foot wide landscape island shall be provided in the proposed new parking spaces so that the run of parking spaces do.es not exceed 100 feet without a landscape break per Section 18.49.060.C.2.e.ii. The existing sewer and water mains, as well as the recently installed sanitary sewer sampling manhole, shall be 'clearly identified on the final site plan. 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 months of the date of City Commission approval. A copy of the approved final site plan shall be forwarded to the Building, Street/Sanitation, Water/Sewer, Engineering, and Fire Departments by the Planning Office; and one copy shall be retained in the Planning Office file. That 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 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. 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 I$ OBTAINED. 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. That the applicant obtain a building permit within 1 year of receiving a Certificate of Appropriateness and Major Site Plan Review approval and prior to procei~ding with construction of the project. 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. 04-16-2001 14- Public hearin.cl - Preliminary Plat for Harvest Creek Subdivision, Phases V through XI - C&H En§ineering and Surveyin.q for Homelands Development Co., L.L.C. - subdivide 79.3114 acres located in the SE~, Section 2, T2S, R5E, MPM, into 300 single-family residential lots (between Durston Road and West Oak Street extended immediately west of Phases I-IV) (P-0105) This was the time and place set for the public hearing on the preliminary plat for Harvest Creek Subdivision, Phases V through Xl, as requested by C&H Engineering and Surveying for Homelands Development Co., L.L.C.. under Application No. P-0105, under which 79.3114 acres located in the Southeast one-quarter of Section 2, Township 2 South, Range 5 East, Montana Principal Meridian, is to be subdivided into 300 single-family residential lots. The subject property is located between Durston Road and West Oak Street extended, immediately west of Phase I through IV of the subdivision. Mayor Youngman opened the public hearing. Senior Planner Skelton presented the staff report, noting this application has been reviewed against the established criteria and approval is recommended subject to the conditions outlined in the staff report. He distributed additional information to the Commission and then reviewed his memo dated April 16, 2001. Letters have been received both in support of and opposition to this application. Most of the expressed concerns have been over the alignment of Fowler Lane, which is designated as a minor arterial in the Bozeman Area Transportation Plan update. Mr. Skelton reminded the Commissioners this application is for phases 5 through 11, with the entire master plan of phases 1 through 11 consisting of approximately 530 single-family homes. The parkland requirement has been satisfied; there will be 13 plus acres of parkland within the entire subdivision, exceeding the 10 plus acres required by state statute. Planner Skelton informed the Commission the applicant has requested that he be allowed to plat the first three phases of Harvest Creek West, phases 5, 6, and 7, prior to completion of the improvements to Durston Road, whose level of service will decrease from C to D, with the buildout of these three phases. Staff recommends a street lighting district be implemented for each phase. Senior Planner Skelton noted that the Development Review Committee and Planning staff recommend the cul-de-sacs on Lilly Drive, Oliver Street, and John Deere Street be redesigned to maintain the minimum 60-foot wide lot width because they currently are too narrow for a typical building permit without variances. Also because staff has been experiencing 6ver time with phases 1 through 4 that developers are building model homes that will fit interior lots but not corner lots, because the corner lots are not of sufficient size, staff is recommending language be included in the protective covenants that corner lots maintain the same setbacks as interior lots. Senior Planner Skelton told the Commission that at full build-out it is projected that 43 percent of the traffic from this development will use Oak Street. City staff has agreed to allow phases 5,6, and 7 to occur upon completion of the improvements to Durston Road; but the rest will require completion of Oak Street. Referring to the packet of material he distributed just prior to the discussion of this item, Mr. Skelton stated the purpose of the aerial photo is to delineate in the transportation plan for future growth of the community the desire to continue the alignment of Fowler Lane. The west half of this minor arterial is already established; the east half will have two additional lanes. He noted that in his memo he listed six alternatives that could be considered by both the Commission and the applicant regarding the alignment of Fowler Lane. Commissioner Frost questioned the decision to not allow the smaller cul-de-sac and corner lots, so that smaller, less expensive homes could be built on them. Senior Planner Skelton responded they are too small for even a typical 1200 square foot home because of the side yard setback requirements, and the typical middle class home is 1200. to 1500 square feet. He acknowledged that smaller, 900 to 1100 square foot, homes could be built; but the model homes currently constructed on the interior lots will not fit. Commissioner Frost reiterated he believes it is a good idea to have smaller lots for smaller, less expensive homes. 04-16-2001 5- Commissioner Frost then stated that if Fowler Lane is going to be a major street, minor arterial as proposed, then there needs to be lots of streets to access it to slow traffic down; otherwise Fowler Lane needs to be narrower with fewer accesses. Per Hjalmarsson, C & H Engineering & Surveying, stated this development is a continuation of what was proposed in the 1998 preliminary plat, which is completed. The developer has given $10,000 to create an SlD to improve Durston Road. The developer agrees to the conditions as outlined by staff. They have looked at the issue with Fowler Lane, which isn't really on this property and shouldn't be an issue with this proposed subdivision. However, they are in agreement the trees make a good buffer for this subdivision, and they are all for protecting them. Susan Kreitzberg, 4979 West Durston Road, stated she is directly impacted by Harvest Creek Subdivision; and she is here to raise questions about Fowler Lane, noting that once this subdivision goes in against the neighboring property lines, it forecloses any questions of where Fowler Lane will be located. The neighbors don't believe Fowler Lane is in compliance with wetland protection guidelines. All of the habitat that defines wetland, including wild bird habitat, exists along the proposed Fowler Lane alignment. She also doesn't believe there is enough easement to put Fowler Lane through because it will run through people's back yards, right off of their porches. They don't want to have all the trees in the canal cut down, which is the only way there will be adequate space to put this road in. This area is a wetlands, with valuable habitat; therefore there isn't the easement for setbacks to put a road through. This Harvest Creek development forces Fowler Lane to be located in the ditch. She requested the Commission grant a continuance, a vote not taken tonight, because the neighbors would like to bring in wetland experts to address the Fowler Lane placement. She suggested Valley Drive be the north/south arterial, rather than Fowler Lane. She closed by saying the quality of the property owners' lives are impacted drastically by these decisions before the Commission. Charlene Finley, 416 Sweetgrass Avenue, said her backyard looks out onto this ditch; and it is a beautiful area. There are many birds in this area, and it will be a shame to lose this valuable habitat. She also noted her teenage daughter, who is a runner on the Bozeman High School track team, is forbidden to run on Durston Road or Babcock Avenue because there are no safe sidewalks or pathways along those streets. She closed by saying she would like to see Durston Road improved for the safety of those who desire to have pedestrian accessibility to other areas of town. Renee Sippel-Baker, 3781 Sourdough Road, spoke on behalf of her parents who own the property directly west of the western boundary of the proposed Harvest Creek Subdivision. She outlined her four concerns, which include 1) the preservation of the Farmers Canal, ditch, and the natural habitat. This area desperately needs to be preserved, both for the aesthetic value to humans living there and for the preservation of the native wildlife there. 2) A 300ohouse subdivision will negatively impact Fowler Lane despite what has been said to the contrary. This road will have an impact on their land; possibly resulting in loss of use, restriction of use, and negatively impacting their land values. 3) Because they have horses on their land most of the year, they are requesting the requirement of a privacy fence on the western boundary be added to the list of conditions. 4) They are concerned about the quality of water that will be funneled into the collection pond to be located at the northeast corner of their property, and what impact that unclean water will have on the groundwater. Dan Schall, 50 North Sweetgrass Avenue, said he understands why Fowler Lane is included in the transportation master plan because it does connect two points of road; but he views Fowler Lane as a "bull in a china shop". He objects to locating Fowler Lane on both sides of the cottonwoods, which will 'seriously impact the animals. He believes the money should be spent on improving Cottonwood Road, Durston Road, and Babcock Street. Mr. Schall suggested people need to walk the right of way of the proposed Fowler Lane to see the animals and the habitat. He cautioned this road will be a mess, and the city will regret it later. Tracy Crosbie, 402 Sweetgrass Avenue, agreed Fowler Lane is a problem. There is a pond in that corridor that contains waterfowl, fish, and other wildlife. He said he cannot see how Fowler Lane can possibly be located through there without taking the property owners' backyards, without 04-16-20O 1 16- filling in the pond, or completely cutting down the cottonwoods and filling in the ditch. He suggested an impact statement should be necessary before any road work can be done. Lisa Ballard, 10 South Sweetgrass Avenue and a transportation engineer, noted Fowler Lane is the only street proposed to be put through an established residential neighborhood. The way it is currently proposed, the street would be 30 feet from their back door, and a traffic signal would have to be installed in their back yard. She noted there are other options available, and they should be investigated. Kevin Ulrich, 10 South Sweetgrass Avenue, told the Commissioners they have a good opportunity here to provide a conservation easement to protect some very previous and valuable land. This conservation easement should contain foot and bike paths, which would fit with the 2020 plan to get people out of their cars and walking to experience nature one on one. Walkability is important; and by providing those opportunities, it will help address traffic problems and congestion. It doesn't make sense to bulldoze an untrammeled area when there exists the opportunity to improve unimproved, existing streets. Bozeman is. committed to providing a high quality of life focusing on wildlife and a healthy lifestyle, and a conservation easement in this area would further that commitment. Dave Baker, 3781 Sourdough, stated that when Michael Delaney installed the existing portion of Fowler Lane, it was 45 feet from section line to these people's fences; and four lanes cannot be accommodated on that size of property. The groundwater issues must be addressed; there needs to be more ditches in the future to move the water. You cannot estimate the volume of water which will be coming forward in the future. Alice Putman, 408 Sweetgrass, said her concerns are the trees, birds, and other wildlife. She issued an "emotional and aesthetic plea" to preserve the quality of life on Sweetgrass Avenue. The cottonwood trees and the Farmers Creek provide a soothing, tranquil experience for all to enjoy, particularly those who live in this area. The trees provide nesting for wild birds, so all can enjoy the early morning bird songs, as well as enjoy the sounds of the geese leaving and coming. A number of deer chew on the lower branches of the cottonwood trees and drink from the creek. The trees also provide protection for the deer as they try to avoid the frightening sounds of a growing city. She stated her fervent hope is that the community, as well as those who pursue development, will be able to come to a mutual resolution of these problems because there is a need to preserve some of old Bozeman along with the new Bozeman. Janet Swenson, 4959 Durston Road, said she gave Mr. Skelton a letter from MSU professor Jay Rotella, Head of the Ecology Department, to distribute to the Commissioners. She asked they please read the study done on these cottonwoods, which are a rare form of habitat that is rapidly disappearing. She further asked the Commission to table their decision on Harvest Creek until a decision has been made on Fowler Lane. It is unfair to let these current homeowners build their homes; then decide to put a road through the middle of their properties. The proposed drainage area for the subdivision is very close to the Farmers Canal; and with the high water table in this area, rainstorms will bring antifreeze and oils, making it toxic to the wildlife. The drainage area needs to be moved away from the Canal and the cottonwood trees. She expressed concern with the lighting, as well. With the current energy crunch, she suggested it would be more appropriate and desirable to require an occasional street light and allow individual porch lights to provide the lighting. She agreed privacy fences should be installed, and be the developer's responsibility, for the safety of children and animals alike. She reminded Commissioner Kirchhoff that in December, when discussing the Baxter Meadows proposal, he said "what we're talking about is what we're going to be living with for a long time". The same is true here. Ms. Swenson suggested Cottonwood Road could be extended through farmland, with no impediments. Ferguson Lane could also be extended, without undue hardship. She said she would like to see Fowler Lane erased from the map forever. She also has issues with the way Harvest Creek Subdivision is designed, noting this is not a smart-growth community. She closed by saying she hopes the Commission will reconsider this application, and keep the neighbors informed. Bob Swenson, 4959 Durston Road, said the neighbors are here tonight not because they object to the subdivision so much, their concern is does there need to be a north/south main road in 04-16-2001 his vicinity? If so, where does it need to go? This possibility wasn't considered when putting in the houses to the west of the irrigation ditch, so those lots go directly up to irrigation ditch. If there has to be a north/south road, he would suggest Valley Drive be the designated road to carry the traffic. He, too, thought Baxter Meadows was a very nice project, while this project has no amenities whatsoever. Verl Clark, 102 Sweetgrass Avenue, said he previously lived on North 19'h Avenue, so he is sensitive to how road placement hurts and impacts people. He was told when he purchased this property that Fowler Lane was on the transportation plan, but he didn't see how it could be constructed. He drove around this area and noticed there are lot of alternative routes that can be used as through streets, if needed. He suggested it just doesn't make sense to put Fowler Lane through; a better idea would be to make it a linear park. Mr. Clark said he would be curious to see where Fowler Lane is in a priority list in the grand scheme of things. He believes the money would be better spent in the improvement of Babcock Street. He noted he tries to ride his bike to work in the summer, and he characterized that as "a very scary ordeal". There are bigger and better issues in Bozeman that need to be addressed before Fowler Lane should be considered. Mayor Youngman responded Fowler Lane is rated as number 10 on the priority list of things to be privately funded, per the Greater Bozeman Area Transportation Plan. She acknowledged the Fowler Lane project will require lots of money and will create lots of ill will. Jon Gerster, 719 North Wallace Avenue, said he is impressed with all the impassioned people in this room. He said residents should fight to save old trees in the new parts of town, just as they fight to plant new trees in the old parts of town. He noted it is important to plan with the neighbors involved; anyone impacted needs to be consulted and be a part of the planning process, which would prevent this type of thing from happening. When he served on the County Historic Preservation Board he learned these irrigation ditches are a part of the area's agricultural past and are historic features. It is impressive how much these people value these cottonwoods and the wildlife, and City staff and developers should have the utmost sensitivity to that. Mr. Gerster noted that development plans keep marching through the process that don"t preserve the night skies or the area's heritage. He said he hates to send the developer back to the drawing board; but he doesn't believe alleys should be allowed to go unnoticed either. He agreed streetlights are obnoxious and illuminate absolutely everything. It is not important to have 24 hour daylight', porchlights should be turned on instead for illumination. Tom Kern, 1437 Cherry Drive, said he feels the creek could be relocated, which would minimize the impact on the "real" wildlife areas in the county. He would prefer to drive to see some trees rather than having houses spread out all over the area. Jenny Kallenbach, 216 North Wallace Avenue and Optimist Club member, stated the Optimist Club created a very nice park at the intersection of Babcock Street and Fowler Lane. Fowler Lane doesn't need to be extended beyond Babcock Street because this is an area of young families, with young children, who will need to cross Fowler Lane to get to the recreational areas they utilize frequently. This is potentially very dangerous, and the park was not created to do harm. Susan Kreitzberg said she is offended by the drawings submitted by the engineering firm which show cul-de-sacs ending at the property line, a few feet from her bedroom window. She believes they should buy the property before it is shown on an engineering drawing. Her single-story home will lose its view of the mountains, and instead she will look at the back of 2~story buildings. She would like the construction of a privacy fence to protect her from the debris blowing across field and from the dirt coming from this destruction of the land across the way. She would like some sensitivity to how vulnerable she is, personally, to the effects of this plan. Emil Anderson, 90 Moss Bridge Road, owns the property where Fowler Lane is projected to go. He noted there won't be any roads to access the sewer lines, which will be buried in the pasture, so the sewage lines won't be able to be maintained. If Fowler Lane is constructed where it is proposed to go, he will end up with a 55-foot lot, which the City won't allow him to build on. 04-16-2001 18- Chris Nixon, 719 North Wallace Avenue, said the biggest problem he is hearing identified is the proposed road along the irrigation ditch; which will necessitate removing trees and wildlife habitat, which are valuable amenities. He suggested neighborhoods need to identify the amenities that are important to them, and they need to identify lines on the transportation plan which might cause them the same concerns as this one. Mayor Youngman noted they have received a suggestion that they leave the hearing open. The applicant has the last word before the hearing is closed. It is possible the Commission might need some further expertise to answer some of the questions posed tonight. Senior Planner Skelton reminded the Commission the 60 - day review period will terminate next Monday, April 23rd. The Mayor acknowledged the Commission needs to make a decision next week or ask the applicant for another week's review period. Mr. Skelton stated the applicant will agree to a one-week extension, but h~i would prefer to have the final decision made at that time. He also noted the Transportation Coordinating Committee will meet next week and will have some discussion on Fowler Lane then. Commissioner Frost said they need to work on Oak Street and Durston Road, as well as Fowler Lane. They are all too large, and they go against everything the City is doing in the 2020 plan. These issues need to be addressed before they start building these streets. All Commissioners agreed to leave the public hearing open through the meeting of Monday, April 23. City Attorney Luwe recommended leaving the hearing open until all the questions have been answered. Senior Planner Skelton told the Commissioners the majority of City staff will be out of the office this week, so they might need additional time to address the points brought forth this evening. The Transportation Coordinating Committee may not be in a position to prepare its comments and have them included in the Commission packets by the deadline, either. Mayor Youngman stated she wasn't aware staff would be gone. She then asked the applicant to grant an extension until April 30% The applicant agreed, and Mayor Youngman proclaimed the public hearing will remain open through April 30th. Commissioner Kirchhoff noted most of these people testifying, except for those on Sweetgrass Avenue, live in county zoning district no. 1. He said he would like to know more about the restrictions in the zoning district. There needs to be coordination between zoning districts. While he has great concern for the trees and the wildlife, he pointed out they are located on privately-held land; and the Commission cannot preserve that which is held privately. Commissioner Kirchhoff asked if there had been a Fish, Wildlife, and Parks study done on the effect of this proposal on the wildlife, and what areas the study was limited to. He said he also has other questions pertaining to the interior of the subdivision. Senior Planner Skelton said this ditch is a tributary of the Farmers Canal and is not a significant area identified by the Fish, Wildlife, and Parks Department; and it is not designated as a riparian area. Commissioner Smiley said she would like to know who owns the property for the proposed Fowler Lane, and what is the story about it. Commissioner Frost asked if the critical land study went this far. Planner Skelton said it does, and no wetlands have been identified in this area. He agreed to double-check the jurisdictional wetlands of the ditches. The Commissioners agreed to submit a list of their questions to staff, in preparation for the April 30th continued hearing. The Commissioners agreed to leave the public hearing open, but it is hoped testimony will not be repeated. Ms. Kreitzberg asked if it would be permissible to bring in expert testimony on the proposal's impact on the wetlands. The Mayor replied that would be allowed. 04-16~2001 19- Walt Wolf, applicant, said their position is they would prefer to have Fowler Lane left as proposed; and they are confused as to why this testimony on Fowler Lane is coming in on the review of this application. Commissioner Kirchhoff responded if there is some adverse impact on the abutting properties, the Commission would review it when considering this proposal. Planner Skelton added it would be helpful to determine if the existing or proposed future alignment of Fowler Lane has any bearing on the Harvest Creek Subdivision application. Break 10:18 pm Mayor Youngman declared a break from Commission policy. ~ 10:18 pm until 10:21 pm, in accordance with Executive Session re personnel At 10:21 p.m., Mayor Youngman announced that, pursuant to Section 2-3-203(3), Montana Code Annotated, the Montana Constitution and the Montana Supreme Court rulings, she, as presiding officer, has determined that the right to privacy clearly exceeds the merits of public disclosure. She then called an executive session and requested that all persons except the Commissioners, City Manager Johnson, City Attorney Luwe, Acting Fire Chief Winn, Personnel Director Berg, and the Deputy Clerk leave the room. It was moved by Commissioner Brown, seconded by Commissioner Frost, that the Commission find the charges have been proven. 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. It was moved by Commissioner Kirchhoff, seconded by Commissioner Smiley, that the firefighter be removed from the employment of the Bozeman Fire Department and the City of Bozeman. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Smiley, Commissioner Frost, Commissioner Brown and Mayor Youngman; those voting No, none. At 10:55 p.m., Mayor Youngman closed the executive session and reconvened the open meeting. Adjournment - 10:56 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the meeting be adjourned. 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. 04-16-2001 - 20 - ATTEST: ROBIN L. SULLIVAN Clerk of the Commission MARCIA B. YOUNGMAN, Mayor PREPARED BY: KA~{EN L. DeLATHOWER Deputy Clerk of the Commission 04-16-2001