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HomeMy WebLinkAbout2001-02-05 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA February 5, 2001 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, February 5, 2001, at 3:00 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, January 24, January 31, February 7, February 14, and June 19, 2000, and January 16, January 22, January 26, January 27, January 29 and January 30, 2001 It was moved by Commissioner Brown, seconded by Commissioner Frost, that the minutes of the meetings of February 14, 2000, and January 29, 2001, be approved as amended and that the minutes of the meetings of June 29, 2000, and January 16 and January 22, 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, arid Mayor Youngman; those voting No, none. Mayor Youngman deferred action on the minutes of the meetings of January 18, January 24, January 31 and February 7, 2000, and January 26, January 27 and January 30, 2001, to a later date. Presentation from Community Mediation Center Ms. Kathryn Strickland, Executive Director, Community Mediation Center, announced the Center was awarded a $4,500 NAFCM.grant to design a land-use mediation program. She thanked the Commission for recognizing mediation as a constructive means of dispute resolution. Ordinance No. 1531 - implementing comprehensive revisions to the zone code, as set forth in Title 18 of the Bozeman Municipal Code Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1531, as approved .by the City Attorney, entitled: ORDINANCE NO. 1531 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE, AS AMENDED BY ORDINANCE NO. 1513, WHICH ORDINANCE IS NOT CURRENTLY CODIFIED IN THE BOZEMAN MUNICIPAL CODE, AND FURTHER AMENDED BY ORDINANCE NO. 1514, WHICH ORDINANCE IS NOT CURRENTLY CODIFIED IN THE BOZEMAN MUNICIPAL CODE, AND FURTHER AMENDED BY ORDINANCE NO. 1516, .WHICH ORDINANCE IS NOT 02-05-2001 -2- CURRENTLY CODIFIED IN THE BOZEMAN MUNICIPAL CODE, AND FURTHER AMENDED BY ORDINANCE NO. 1524, WHICH ORDINANCE IS NOT CURRENTLY CODIFIED IN THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING TITLE 18 OF THE SAID CODE; PROVIDING FOR ACCESSORY DWELLING UNITS IN THE R-l, R-2, AND R-2A DISTRICTS; MODIFYING THE DEFINITION OF "HOUSEHOLD"; MODIFYING THE DEFINITION OF "ACCESSORY"; MODIFYING THE DEFINITION OF "CASINO"; IMPLEMENTING THE NEW DEFINITION OF "HOUSEHOLD" IN SECTIONS 18.12.020, 18.14.020, 18.18.020, 18.20.020; INSERT SECTION 18.42.090.C TO PROVIDE PROTECTION FOR CONTRIBUTING HISTORICAL PROPERTIES; ADD NURSERIES AND TREE FARMS TO THE CONDITIONAL USES IN SECTION 18.12.020.B; ESTABLISH MAXIMUM ALLOWABLE RESIDENTIAL DENSITIES IN CHAPTERS 18.20. 18.24, AND 18.26 TO CORRESPOND TO THE REQUIREMENTS OF THE CITY'S COMPREHENSIVE PLAN; ESTABLISH CONSISTENT REVIEW AUTHORITY FOR MINOR SITE PLANS AND CONDITIONAL USE PERMITS IN CHAPTERS 42, 43, 51, AND 52; CORRECT VARIOUS ERRORS IN CITATIONS; AND TO MAKE ALL NOTICING REQUIREMENTS CONFORM TO STATE LAW. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that Ordinance No. 1531, implementing comprehensive revisions to the zone code, be finally adopted. 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. Depository Bonds and Pledged Securities as of December 31, 2000 In compliance with the provisions of Sections 7-6-201 to 7-6-212, Montana Code Annotated, Commissioner Brown and Commissioner Frost have examined the receipts of Depository Bonds and Pledged Securities held by the Director of Finance as security for City funds deposited in Bozeman banks. Commissioner Brown reported that the inventory of Depository Bonds and Pledged Securities was found to be in order. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the Commission approve the Pledged Securities as of December 31,2000, listed as follows: DEPOSITORY BONDS AND SECURITIES DECEMBER 31,2000 RATE MATURITY RECEIPT NO. TOTAL AMOUNT AMERICAN BANK - Bozeman Repurchase Agreement Account Trusteed with American Bank, N.A.: Federal Home Loan Mortgage Co. 5.985 06/15/2001 2000-03-250 1,066,000.00 Sub-Total $ 1,066,000.00 02-05-2001 -3- All Other Accounts Federal Deposit Insurance Corporation Trusteed with American Bank, N.A.: Federal Home Loan Bank Sub-Total TOTAL - American Bank - Bozeman 100,000.00 5.33 02/04/2002 276006321 250,000.00 5.33 02/04/2002 276006322 250,000.00 5.33 02/04/2002 276006323 250,000.00 6.45 09/07/2001 341003004 500,000.00 5.33 02/04/2002 276006325 250,000.00 1,500,000.00 $ 2,666,000.00 This is to certify that we, the Commission of the City of Bozeman, in compliance with the provisions of Section 7-6-207, M.C.A., have this day certified the receipts of the American Bank, N.A., for the Depository Bonds held by the Director of Finance as security, for the deposit for the City of Bozeman funds as of December 31, 2000, by the banks of Bozeman and approve and accept the same. MARCIA B. YOUNGMAN, Mayor JARVIS H. BROWN, Commissioner JOE N. FROST, Commissioner STEVEN R. KIRCHHOFF, Commissioner SANDRA L. SMILEY, Commissioner 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. Appointment to Downtown Bozeman Improvement District Board (IDB) Included in the Commissioners' packets was a memo from Clerk of the Commission Sullivan, dated February 1, 2001, forwarding the application for a vacancy on the Downtown Bozeman Improvement District Board. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that Chris Pope be appointed to replace Ed Brandt as a non-voting member on the Downtown Bozeman Improvement District Board, with a term to expire on June 20, 2004. 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. 02-05-2001 -4- Continued work session - Budget direction for Fiscal Year 2001-2002 City Manager Johnson reminded the Commissioners that at last week's meeting they agreed the new Library project needs to move forward, and staff and attorney time will be devoted to accomplishing that. They also agreed to continue this discussion at this time, revisiting the items posted on the board and prioritizing them. Commitment to Iow-income housing availability - City Manager Johnson suggested if the City wants to help make affordable housing a reality, it needs to form a partnership with developers. He offered the Commission might want to consider changing the CIP to reprioritize funding dollars for projects that would support Commission goals, such as affordable housing and in-fill. Following discussion, the Commissioners agreed to use of a portion of the affordable housing fund monies to pursue grants for Iow-income housing. It was also agreed an assessment of housing needs in the community should be conducted. Commissioner Frost proposed partnering with the Human Resource Development Council and the Gallatin Valley Land Trust to provide affordable single-family residences to provide a mix of affordable rental units and houses. Commitment to build and maintain neighborhood councils - City Manager Johnson noted if these councils are going to work, they will need a lot of support; technical and otherwise. All the Commissioners agreed to reapply for VISTAs for another year and to apply for grants to fund a neighborhood council coordinator position. It was also unanimously agreed to allocate ~2,000 of Commission budget dollars to pay for neighborhood councils' printing and distribution costs. Commitment to town meeting; chanqed to Commitment to community outreach - City Manager Johnson noted the charter will take at least 2 years to prepare and will require substantial public input. A lot of drafting will be done before producing an end product which can be put on the ballot, which cannot happen before July 1,2004. It will take someone with real expertise, like an attorney who understands what can and cannot be included in a charter, to craft this document. All Commissioners concurred to form a citizen group to draft the charter, with no staff attorney commitment, and to budget for minor committee expenses. It was the unanimous decision of the Commissioners to convene the CIP review committee biannually, rather than every year. The Commission decided the city newsletter will continue to be published quarterly, and monies will be budgeted for postage for mail distribution. City Manager Johnson noted he has budgeted funds for 2 years to host Commission/City Manager round table events, but they haven't yet been held. It was agreed to continue to include those funds in the City Manager's budget in anticipation of those round table meetings. After discussion on taking steps toward paperless meetings, the Commission agreed to maintain the current procedures; although there could be increased internal use of the City's electronic system. Commitment to water conservation - It was unanimously agreed by the Commissioners to direct staff to complete the consultant study; and then upon completion, make budgetary changes based on the recommendations of that study. Commitment to "no surprise" expedited/community values development - All Commissioners agreed it is important to support the bottom line, increasing revenues, through engineering review fees, increase in planning fees, charging by the hour for review, and the like. City Manager Johnson stated that for the long term, there needs to be additional full-time staff added to move projects along at the pace the developers want. Commissioner Kirchhoff said his perception was this fast-track process was being investigated to help those who were promoting community values - in-fill projects, affordable housing, traditional neighborhood developments, and for high-tech industries who must move quickly to remain competitive. It was agreed to set another session to discuss this item further with staff. 02-05-2001 -5- Enhance downtown - Commissioner Frost advised the Commission that the Fire Marshal has inspected the buildings downtown and notified 44 businesses that they need to hook up to the main water line for installation of sprinkler systems. These lines need to be installed simultaneously with the installation of the new sidewalks; or if installed later, the sidewalks will need to be torn out. In order to protect the health, safety, and welfare of the public and to protect the buildings downtown from devastating fire, Commissioner Frost proposed the City allocate the necessary funds to pay half the cost of the water line installations. It was unanimously agreed to borrow the monies from the special projects fund to pay half the cost of water line installations for the downtown businesses doing so at the time of the sidewalk improvement project. Further discussion on the budget will be continued until Monday, February 12, at 3:00 pm. Recess - 5:43 pm Mayor Youngman declared a recess at 5:43 pm, to reconvene at 7:00 pm, for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Youngman reconvened the meeting at 7:00 pm, for the purpose of conducting the scheduled public hearings. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Acknowledge receipt of application for tax abatement for "new or expanding industry" from Color World Printers; refer to staff Claims It was moved by Commissioner Brown, seconded by Commissioner Frost, that the Commission approve the Consent Items as listed and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, and Mayor Youngman; those voting No, none. Public hearing - proposed use of $10,033 in grant funds from the Local Law Enforcement Block Grants {LLEBG) Program This was the time and place set for the public hearing on the proposed use of $10,033 in grant funds from the Local Law Enforcement Block Grants (LLEBG) Program. Mayor Youngman opened the public hearing. Assistant Police Chief Kayser recounted the Bozeman Police Department had applied for, and was awarded, a Federal Local Law Enforcement Block Grant of $10,033 to purchase three additional in-car video cameras to aid in the apprehension and conviction of drunk drivers. One requirement of the grant was that an advisory board be formed to review and make recommendations on the use of the funds. Assistant Chief Kayser stated Captain Marty Kent, Susan Wordal, Patricia Carlson, Godfrey 02-05-2001 6- Saunders, and Linda Hill served on this board, and they were unanimous in their decision to spend these funds for the purchase of the video cameras. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Commission concur in the advisory board's recommendation to utilize the $10,033 received from the Federal Local Law Enforcement Block Grant to purchase three additional in-car video cameras. 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 - Ordinance No. 1532 - Zone Code Amendment - allow the concurrent installation of infrastructure improvements and construction of a specific proiect under specified circumstances, and setting the parameters therefor {Z-01006) This was the time and place set for the public hearing on the Zone Code Amendment requested by the Zoning Commission under Application No. Z-01006, to allow for the concurrent installation of infrastructure improvements and construction of a specific project under specified circumstances. Mayor Youngman opened the public hearing. Planning Director Epple presented the staff report, noting staff finds the proposed' amendments to the zoning ordinance meet all of the relevant criteria established by state statute. He also distributed a memo forwarding the Zoning Commission's recommendation of approval, with two modifications, as well as preliminary minutes from the Zoning Commission's special meeting of February 5, 2001. Mr. Epple noted the reason the City has the policies and regulations it has is because typically one individual develops the land and installs the infrastructure, then sells the land to multiple building contractors. It is not possible to have the installation of infrastructure occurring when several building contractors are having deliveries made. The specified circumstances under which concurrent installation of infrastructure and construction of a project would be allowed would be one developer, who is both installing the infrastructure and coordinating the construction projects. Mr. Epple identified the hallmark of situations under which concurrent installations can occur as the Planned Unit Development process or the soon-to-be Traditional Neighborhood Development process, which should be an incentive for developers to use these two processes and should result in higher-quality developments. Also these changes would provide an avenue for timely development for industries that need to develop rapidly to keep up with the economic demands. He added developers seem accepting of this ordinance. To address the Zoning Commission's concerns, Assistant City Manager Brey clarified that Section 18.50.030 only refers to sewer and water systems, while Section 18.50.100 only refers to streets. Section 18.62.090.A.1. should be streets or utilities. He noted this is for post-project approvals only; it doesn't have anything to do with the approval process regarding land use issues or types of development. Lee Johnson, 425 North Wallace, pointed out there is historical context for this type of development failing, citing a now uninhabitable school built on top of toxic chemicals in the City of Los Angeles as the most recent and stunning example. He urged the Commission to move with caution to be sure development is done in a highly sustainable manner. 02-05-2001 7- Bill Mitchell, 122 South Church Avenue, urged the Commission to treat this like the North19th Avenue area, making sure all the desired amenities are included. His long-term concern is the loss of revenue and tax base, saying the City can't afford too many Zoots leaving. The Commission would be doing a service to the community to make sure tax dollars stay in Bozeman. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. Following discussion, it was agreed to add the phrase "and/or utilities" to Section 18.62.090.A.1. following the word "streets" in the first line. It was further agreed to add the phrase "based upon the ability and/or capacity of the City to process projects" to the end of Section 18.50.030.D.4., following the word "consideration". City Manager Johnson noted that, previously distributed to the Commission, was a copy of Ordinance No. 1532, as approved by the City Attorney, entitled: ORDINANCE NO. 1532 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA PROVIDING THAT THE BOZEMAN MUNICIPAL CODE, AS AMENDED BY ORDINANCES 1513, 1514, 1516, 1524 AND 1531, WHICH ORDINANCES ARE NOT CURRENTLY CODIFIED IN THE BOZEMAN MUNICIPAL CODE, BE AMENDED BY REVISING SECTIONS 18.50.030.D, 18.50.100.A, AND 18.62.090.A; PROVIDING FOR THE CONCURRENT INSTALLATION OF INFRASTRUCTURE IMPROVEMENTS AND CONSTRUCTION OF A SPECIFIC PROJECT UNDER SPECIFIED CIRCUMSTANCES, AND SETTING THE PARAMETERS THEREFOR. The City Manager recommended that, in light of the public hearing just completed, the Commission finally adopt Ordinance No. 1532, with the changes made to Section 18.50.030.D.4. and Section 18.62.090.A. 1. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that Ordinance No. 1532, to allow the concurrent installation of infrastructure improvements and construction of a specific project under specified circumstances and setting the parameters therefor, be finally adopted as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, and Mayor Youngman. Those voting No, none. Public hearing - Ordinance No. 1533 - Subdivision Regulations Amendment - allow the concurrent installation of infrastructure improvements and construction of a specific project under specified circumstances, and setting the parameters therefor {P-0101) This was the time and place set for the public hearing on the Subdivision Regulations Amendment, as requested by the Bozeman City Commission under Application No. P-0101, to allow for the concurrent installation of infrastructure improvements and construction of a specific project under specified circumstances. Mayor Youngman opened the public hearing. Planning Director Epple presented the staff report. He noted this ordinance pertains to subdivision regulations and provides for the same kind of allowance for Planned Unit Development or 02-05-2001 -8- Traditional Neighborhood Development review to allow concurrent construction. He distributed copies of Planning Board Resolution No. P-0101, unanimously recommending Ordinance No. 1533 be approved, and preliminary minutes of the Planning Board meeting held February 1, 2001. Mr. Epple suggested, and the Commissioners concurred, to add the. phrase "based upon ability and/or capacity of the City to process projects" to the end of Section 16.22.030.B.2., following the word "consideration". Assistant City Manager Brey noted one phrase needed to be added to Section 16.22.040.A., following the word "accepted" on the 7th line of page 5. The phase to be added should state "unless otherwise provided for in development proposals occurring under the provisions of Chapter 16.24 Planned Unit Development (PUD), or under provisions established for Traditional Neighborhood Development and pursuant to the criteria established in Section 16.22.030.B.1 and 2." No public comment was received. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. City Manager Johnson noted that, previously distributed to the Commission, was a copy of Ordinance No. 1533, as approved by the City Attorney, entitled: ORDINANCE NO. 1533 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTIONS 16.16.070.A, 16.22.030.B, AND 16.22.040.A, PROVIDING THAT THE SUBDIVISION REGULATIONS ALLOW THE CONCURRENT INSTALLATION OF INFRASTRUCTURE IMPROVEMENTS AND CONSTRUCTION OF A SPECIFIC PROJECT UNDER SPECIFIED CIRCUMSTANCES, AND SETTING THE PARAMETERS THEREFOR. The City Manager recommended .that, in light of the public hearing just completed, the Commission finally adopt Ordinance No. 1533, to allow the concurrent installation of infrastructure improvements and construction of a specific project under specified circumstances and setting the parameters therefor, including the additional wording. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that Ordinance No. 1533, allowing the concurrent installation of infrastructure impro~;ements and construction of a specific project under specified circumstances and setting the parameters therefor, be finally adopted as amended. 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 hearin.q - intent to annex 38.67 acres described as Tracts A-1 and A-2, COS No....1827, Iyin.q in the E¼, SW~, Section 26, TlS, R5E, MPM'{west side of intersection of North 19th Avenue and Valley Center Road) (A-0007) This was the time and place set for the public hearing on the intent to annex 38.67 acres, as requested by Michael Lilly on behalf of Cape-France Enterprise under Application No. A-0007, located along the west side of the intersection of North 19th Avenue and Valley Center Road. Mayor Youngman opened the public hearing. 02-05~2001 -9- City to February amendment Manager Johnson forwarded the request that this public hearing be opened and continued 20, to give the Zoning Commission an oPportunity to consider .the attendant, zone map and forward its recommendation. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Brown, seconded by Commissioner Frost, that this public hearing be continued to February 20, to give the Zoning Commission an opportunity to consider the attendant zone map amendment and forward its recommendation. 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 - Zone Map Amendment - Cape-France Enterprise - establish an initial zoning designation of "B-2" on 38.67 acres described as Tracts A-1 and A-2, COS No. 1827, lying in the E%, SW¼, Section 26, TlS, R5E, MPM (west side of intersection of North 19th Avenue and Valley Center Road) (Z-0158) This was the time and place set for the public hearing on the Zone Map Amendment to establish an initial zoning designation of "B-2", Community Business, as requested by Cape-France Enterprise under Application No. Z-0158, on 38.67 acres located along the west side of the intersection of North 19th Avenue and Valley Center Road. Mayor Youngman opened the public hearing. City Manager Johnson forwarded the request that this public hearing be opened and continued to February 20, to give the Zoning Commission an opportunity to consider the zone map amendment and forward its recommendation. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that this public hearing be continued to February 20, to give the Zoning Commission an opportunity to consider the zone map amendment and forward its recommendation. 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 - Preliminary plat - C&H Engineering and Surveying for Lonny Walker - minor subdivision to subdivide 1.25-acre tract known as Tract 29, Northeast Annexation, into three lots, with variances from Section 16.16.080 to allow North Rouse Avenue to be constructed to 32-foot width rather than the 37-foot standard, from Section 16.14.130.A.2, to reduce the required 100-foot setback along the East Gallatin River to the standard 35-foot streambank setback, and from Section 16.14.120.E., to allow street cut on North Rouse Avenue for water main extension (northeast corner of intersection of North Rouse Avenue and Griffin Drive) (P-0045) This was the time and place set for the public hearing on the preliminary plat requested by C&H Engineering and Surveying for Lonny Walker under Application No. P-0045, to subdivide a 1.25-acre tract located at the northeast corner of the intersection of North Rouse Avenue and Griffin Drive into three lots. Accompanying the preliminary plat application is a request for three variances, as follows: (1) From Section 16.16.080 of the Bozeman Municipal Code, to allow North Rouse Avenue to be constructed to a 32-foot wide standard, back-of-curb to back-of-curb, rather than the required 37-foot 02-05-2001 10- standard; (2) from Section 16.14.130.A.2., to reduce the required 100-foot setback along the East Gallatin River to the standard 35-foot streambank setback; and (3) from Section 16.14.120.E., to allow a street cut on North Rouse Avenue for a water main extension. Mayor Youngman opened the public hearing. Assistant Planner Caroline presented the staff report, highlighting the requested variances. She noted both the Planning Board and the Development Review Committee find this application is in compliance with the established criteria and forward their recommendations for approval, subject to the conditions outlined in the staff report. Lonny Walker, 2104 North Rouse Avenue and applicant, told the Commissioners his immediate plans call for expansion of the existing building and possible construction of a new building on the northern-most lot. Mayor Youngman expressed her concerns about the requested variance from the 100-foot setback, noting at this point she is not able to concur that it wouldn't be potentially dangerous to the public health, safety, and welfare. The Gallatin River has a history of flooding slightly downstream, making the adjoining mobile home properties very vulnerable, particularly since more impervious surfaces will increase the risk of flooding. Commissioners Brown and Frost expressed their reservations as well. Mr. Walker responded the natural flow of the water has been to the northeast; and the natural drainage of the property is away from the river, toward the street. Mr. Walker reminded the Commissioners both .City Engineer Brawner and Staff Engineer Murray have reviewed this application and specifically commented the detention ponds could be located in the 100-year flood plain, which they did 'not view as problematic. He noted there is a flood map in place for this property, showing a defined flood path and flood way. Mr. Walker then presented the Commissioners with that flood map for their examination. Commissioner Frost announced that, after seeing the location of the flood way, he now feels able to support the requested variance from the 100-foot setback. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, to approve variance 2, from Section 16.14.130.A.2. to reduce the required 100-foot setback along the East Gallatin River to the standard 35-foot watercourse setback, as requested in Planning Application P'0045. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Kirchhoff, and Commissioner Frost; those voting No being Commissioner Brown and Mayor Youngman. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, to approve Preliminary Plat Application P-0045, a minor subdivision to subdivide 1.25-acre tract into three lots, with variances from Section 16.16.080 to allow North Rouse Avenue to b~ constructed to 32-foot width rather than the 37-foot standard, from Section 16.14.130.A.2. to reduce the required 100-foot setback along the East Gallatin River to the standard 35-foot streambank setback, and from Section 16.14.120.E to allow street cut on North Rouse Avenue for water main extension, subject to the following conditions: The final plat shall conform to all requirements of the Bozeman Subdivision Regulations and the Uniform Standards for Final Subdivision Plats and shall be 02-05-2001 11- ., 10. 11. 12. accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements Were received, a platting certificate, and all required and corrected certificates. The final plat application shall include two signed clothback (or equivalent) copies, two signed reproducible copies on a stable base polyester film (or equivalent), two digital' copies on a double-sided, high density 3-1/2" floppy disk, and five paper prints. Conditional approval of the preliminary plat shall be in force for not more than three calendar years, as provided by State statute. Prior to that expiration date, the developer may submit a letter of request for the extension of the I~eriod to the Planning Director for the City Commission's consideration. Final plat must show correctly all adjoining property owners in the proper locations. Final plat must show an easement for shared access/parking between Lots 1 and 2. Applicant mUst provide a certified drawing from a licensed surveyor in the state of Montana, where the driveway location is proposed between Lots 1 and 2. This drawing shall be submitted at time of final plat submittal. The existing shed on Lot 3 appears to cross the proposed lot line between Lots 2 and 3. The shed shall be removed prior to final plat approval or the lot line be adjusted so that the shed is situated on only one lot and not located in the required 3-foot side yard setback. The existing driveway for .Lot 3 shall be shown on the final plat and may not be located closer than 5 feet to any side property line, unless shared access with the adjoining property is approved. Lot 3 must have a domestic water service installed from the city main in North Rouse Avenue, similar to Lots 1 and 2. The water main extension will require engineered plans provided to the City for review and approval. These plans shall be reviewed and approved by Department of Environmental Quality (DEQ) and both DEQ and the City approvals must be obtained prior to installation of infrastructure. DEQ approval must be submitted to the Planning Department prior to final plat approval. The proposed 6-inch water main should be sized to 8 inches per City of Bozeman standards. Applicant shall provide an additional fire hydrant at the northwest corner of Griffin Drive and North Rouse Avenue. The location of the hydrant shall be shown on the plans and specifications, with the location approved by the Fire Marshal, Water Superintendent, and City Engineer prior to installation. A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease, and other pollutants from the runoff from the private and 02-05-2001 12- 13. 14. 5, public streets and all lots must be provided to and approved by the City Engineer. The master plan must depict the maximum sized retention basin location, show location of and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin site, drainage ways and finished lot grades), typical stormwater detention/retention basin and discharge structure details, basin sizing calculations, and a stormwater maintenance plan. Any stormwater ponds located within a park or open space shall be designed and constructed to be conducive to the normal use and maintenance of the open space. Stormwater ponds for runoff generated by the subdivision (e.g. general lot runoff, public or private streets, common open space, parks, etc.) shall not be located on easements within privately owned lots. While the runoff from the individual lots will be dependent on the intensity of use on each lot, the maximum sizing of the storm retention facilities for each lot will be established based on maximum site development. Final facility sizing may be reviewed and reduced during design review of the final site plan for each lot. Plans and specifications and a detailed design report for water and sewer main extensions, storm sewer, and the public street, prepared by a professional engineer, shall be provided to and approved by the City Engineer and the Montana Department of Environmental Quality. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre-construction conference has been conducted. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements. Building permits may be issued prior to paving the street if approved by the City Engineer. All infrastructure improvements including 1) water and sewer main extensions and all service stubs, and 2) public streets, curb/gutter, sidewalks, and related storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to final plat approval. City standard residential sidewalks shall be constructed on all public street frontages of a property at the time the street is constructed unless a variance is requested and granted by the City Commission. If the requested variance is granted, the street width shall be 32 foot from back of curb to edge of asphalt. The curb, gutter, and sidewalk will only be required to be installed on the east side by this developer. The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted as proposed. 02-05-2001 -13- 16. A Flood Plain Development Permit must be obtained from the City Engineer for any construction activity with the 100-year flood plain. The flood way and Zone AE flood plain shall be clearly depicted on the final plat. The storm drainage ponds shall not be allowed in the flood way. 17. The Montana Fish, Wildlife, and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (i.e. 310, 404, Turbidity Exemption, etc.) shall be obtained prior to final site plan approval. 18. The right-of-way dedication on ~ri'ffin Drive shall be 45 foot rather than 30 foot as shown and shown as such on the final plat. 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) Copy of a memo from Director of Public Service Arkell to Engineering Assistant Kerr, dated January 30, regarding posting of "No Parking Here to Corner" signs on Carol Place/South Black Avenue. (2) Letter from the Gallatin Community Clinic, dated January 26, seeking a letter of support for expanded primary health care services to Iow-income residents of Gallatin County. (3) Agenda for the Cemetery Board meeting to be held at 2:00 pm on Tuesday, February 6, in the Commission Room. (4) Agenda for the County Commission meeting to be held at 9:00 ,am on Tuesday, February 6, at the Courthouse. (5) Agenda for the Development Review Committee meeting to be held at 10:00 am on Tuesday, February 6, at the Professional Building. (6) Agendas for the Zoning Commission meeting to be held at 7:00 pm and the City Planning Board meeting to be held at 8:00 pm on Tuesday, February 6, in the Commission Room. (7) Agenda for the special Zoning Commission meeting which was held at 12:00 noon today in the Commission Room. During his FYI, City Manager Johnson 1) distributed copies of Bay Area Economics' Economic Impacts Analysis of Wal-Mart Expansion, dated February 1,2001. 2) He will be attending the 3:00 pm hearing on full-cost accounting to be held in Helena on Thursday, February 8. 3) He does not expect to see Bill LC 1670, the impact fees bill, come forward until the very last minute. 4) He distributed the Bozeman Weekly Legislative Report for the week of January 29 to February 2, 2001. 5) The northeast 02-05-2001 14- inter-neighborhood council requested to use the meeting room at Hawthorne school, but the School District requires they be named as additional insured on the group's insurance policy. The neighborhood council doesn't have an insurance policy, and MMIA won't allow the City to insure such groups. Under self-governing powers, formal neighborhood groups will be insured under the City's policy. Mayor Youngman offered the following as FYI items: 1) HB 382 was amended in a way that is supported by the Montana League of Cities and Towns but is totally unacceptable to the City of Bozeman; so City Attorney Luwe has sent substitute language, which, hopefully, can be included before the final vote. 2) Thursday, February 8, from 4:30 pm until 8:30 pm there will be a planning charette for the new library. Commissioners Frost and Kirchhoff indicated they plan to attend. Commissioner Brown volunteered to draft the letter of support for the Gallatin Community Clinic. Commissioner Smiley, during her FYI, 1 ) informed the Commission she had ordered copies of the How to Market Your City publication, the Outlook publibation from the 26th Annual Montana Economic Outlook Seminar, and the publication entitled An Economic Review of the Travel Industry in Montana, 2000 Edition for distribution. 2) She distributed copies of the Bozeman Area Chamber of Commerce's Business Review and Forecast, dated January 31, 2001. Adjournment - 9:21 pm There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Brown, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Brown, Commissioner Kirchhoff, Commissioner Smiley, and Mayor Youngman; those voting No, none. ATTEST: MARCIA B. YOU~yor ROBIN L. SULLIVAN Clerk of the Commission PREPARED BY: KAREN L. De-L~A 'HOWER Deputy Clerk of the Commission 02-05-2001