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Home My WebLink About2005-12-12 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN,MONTANA December 12, 2005 ***************************** The Commission of the City of Bozeman met in regular session in the Community Room, Gallatin County Courthouse, 311 West Main Street, on Monday, December 12, 2005, at 6:00 p.m. Present were Mayor Andrew Cetraro, Commissioner Jeff Krauss, Commissioner Marcia Youngman, Commissioner Steve Kirchhoff, Commissioner Lee Hietala, City Manaper Chris Kukulski, Assistant City Manager Ron Brey, Director of Finance Anna Rosenberry, Director 0 Public Safety-Police Mark Tymrak, Director of Public Safety-Fire Chuck Winn, Planning Director Andy Epple, City Attorney Paul Luwe, and City Clerk Robin Sullivan. Sianina of Notice of SDecial Meetina Each of the Commissioners, in turn, signed the Notice of Special Meeting. Work session - with Local Government Study Commission Included in the Commissioners' packets was a memo forwarding a proposed agenda, a copy of the draft charter, and minutes from the citizen panels held on October 18 and November 8, 2005. In addition to the Commissioners, the following members from the Local Government Study Commission were present: Loren Olsen, Chairman Brian Close Bill Hayward John Trull Marilou Turrentine Mr. Loren Olsen, Chairman of the Local Government Study Commission, noted the Commission is about to lose three Commissioners with a lot of experience; and the Study Commissioners requested this opportunity to meet with the Commissioners and to hear their comments on various issues. He noted the charter is in draft form and is based on the model charter from the National Civic League with modifications based on the draft charter developed several years a~o by Ken Weaver and input from various City officials and meetings with other groups. He reminded the ommission that, since the election, two of the StUdy Commissioners have been replaced, and the process was slowed while those individuals were brought up to speed. He indicated that the Study Commission's goal is to write a charter that as closely reflects how the City currently operates as possible, with possibly a few slight modifications. Mr. Brian Close noted that issues with which the Study Commission is grappling include the size of the Commission and the Mayor's office. Commissioner Youngman expressed her support for the first draft, suggesting that the Study Commission continue to simplify it. She noted that more flexibility is better for a city of this size, particularly one that is growing rapidly. She also suggested that Section No. 2.05.A. be revised to remove the restriction that former Commission members not serve on boards or be hired by the City for a year after serving, citing many examples where the knowledge and expertise of a former Commissioner has been used on a board or in a City position. Chairman Loren Olsen noted this is one of the issues on which the Study Commission could not reach consensus and, as a result, was printed in green to identify it as an issue to be discussed later. Commissioner Krauss noted that capturing a former Commissioners' experience through appointment to a board has been a common theme over the past several years. He characterized the 12-12-05 -2- restriction in the draft charter as punitive, particularly when a former Commissioner is not involved in economic decisions. Commissioner Krauss stressed that, the fewer the items on which the opposition can hang a hat, the better the chances of getting the charter approved by the voters. Commissioner Youngman encouraged the Study Commission to make sure the charter is written in a gender neutral manner, citing "chairman" on Page 3 as an example of a needed change. Commissioner Youngman then turned her attention to compensation and the whole salary issue. She encouraged the Study Commissioners to consider the City Commissioner duties, noting that a Commissioner often works 30 hours per week but is paid for 10 hours per week. She cautioned that if the duties of a Commissioner are defined, it could put everyone in a difficult position; rather, she suggested that the duties remain the choice of the individual Commissioner or Mayor. She concluded by noting that, whatever the Study Commission chooses to do on these two issues, it must be balanced. Mr. Brian Close noted that Missoula is now paying its Commissioners $11,000 annually and suggested it may be time to consider a salaried Commission here to take some of the politics out of the issue. Mayor Cetraro stated he feels that the City has been actively pursuing transparency in government, and noted that it is important for the charter to allow for the government to be as efficient as it can be. He does not believe that moving toward a salaried Commission is beneficial at this time. Commissioner Krauss expressed his support for a citizen, volunteer Commission, stating that the creation of a professional Commission leads to the question of why have a City Manager. He noted that, as one with a full-time job, he believes the Commission should be a citizen representatives, with staff and the City Manager serving on the professional side. Commissioner Youngman stated that, while she agrees with Commissioner Krauss, she recognizes the demands that a fast-growing community place on the Commissioners and she feels fair remuneration is necessary. Commissioner Krauss noted that one of the arguments for a larger Commission is to spread out the workload; however, he cautioned that does not always work for a variety of reasons. Chairman Olsen noted these are topics over which the Study Commission has agonized, and stated they have found people generally like the Commission/Manager form of government as Commissioner Krauss has described it. He recognized that there is pain in the community about how the Mayor is selected. He stated another dilemma is now to attract higher than a 15-percent voter turnout for municipal elections. Commissioner Youngman stated it is important to give the City's legal staff an opportunity to review the entire charter prior to submitting it to the public. Commissioner Youngman expressed concern about the charter provisions on how City departments are established, stating she feels it is more appropriate to allow the City Manager to make those structural determinations than giving the Commission that authority. She noted it is not uncommon for the City Manager to keep the Commission informed when making any changes. Commissioner Youngman expressed concern about granting the Commission the authority to make investigations, stating that could lead to interfering with the conduct of departments. Brian Close responded that this provision has been included in the City of Belgrade's charter, and is standard in other charters as well. He cited the recent events in Billings involving the City Manager and Police Chief, noting that the Council instituted the investigative procedure under its charter. He then stated that he has come to support this provision despite its potential risk. Responding to Mr. Close, City Attorney Luwe stated that at the present time, criminal investigations are handled by the Police Department, and the City Manager may appoint someone to investigate a situation that is not criminal. 12-12-05 - 3 - Assistant city Manager Ron Brey noted that a breach under the employee handbook is subject to an identified investigatory procedure, and providing false information is grounds for termination. Commissioner Youngman expressed her support for the provision that Commissioners can deal with employees only through the City Manager, noting it allows for an appropriate level of interaction. She stated, however, she does not want to see the provision written so tightly that it does not give the City Manager needed flexibility. Ms. Marilou Turrentine reported on the two citizen panels held by the Study Commission, noting those who served on the panels were chosen at random from the voter rolls. She stated that approximately 150 notices were mailed out, with the desire being to have 15 members on each of the two panels. The first panel was on communication/transparency in government, and 9 or 10 panelists served; the second was on the electoral process, with 11 serving on that panel. Packets of background information were mailed to the panelists, and the Community Mediation Center assisted in the meetings. She noted the panelists were pleased that they had been asked to participate in the process, and they came up with several good ideas. She concluded by characterizing the citizen panels as a success and encouraging the Commission to consider that option when facing critical issues. Responding to Ms. Marilou Turrentine, Commissioner Krauss stated that Commission meetings are to be televised beginning in late January. He suggested that once the meetings are televised, the Commission may consider allowing people to provide testimony on specific agenda items during the pUblic comment period so they can then go home and watch the remainder of the meeting on television. Mr. Loren Olsen noted the Study Commission has carefully considered the number of Commissioners and has tentatively determined that five are adequate until the community reaches a population of 40,000 or 42,000, which might then trigger the need for seven Commissioners. Responding to questions from the Study Commissioners, Commissioner Krauss noted that this was also an issue during the Study Commission review ten years ago. At that time, it was recognized that five was adequate and that it gave the City Manager a chance to understand each Commissioner's concerns. He aCknowledged that once the community reaches 42,000 population, expanding the Commission to seven members may be appropriate; however, he feels that is the maximum number without becoming unwieldy. Commissioner Kirchhoff suggested keeping the number of Commissioners at five and adding more professional staff to provide more information with better analysis to the Commissioners. He recognized that at least 75 percent of the Commission's decisions are impacted by citizen input. He acknowledged feeling more and more insecure at certain times because of the volume of work and recognized that staff is also working longer and harder. Commissioner Krauss stated he does not believe two more Commissioners would help when considering issues that require the professionals to provide analysis. Commissioner Youngman stated the addition of two Commissioners would not decrease the workload since all Commissioners must be informed on all agenda items. She voiced her preference for spending the city's limited dollars on staff first, although she recognizes the citizen panel's feeling that with growth, more Commissioners may provide better representation. She indicated that the diversity resulting from seven Commissioners interacting is not as important to her as other issues. Commissioner Krauss noted that the numberof Commissioners expanded from three to five in 1970. He suggested that, through televising of Commission meetings and the ability to reach Commissioners easier through e-mail. He feels that a five-member Commission is working well and that he anticipates it will be still be effective for a period of time. He concluded by stating he does not believe expansion of the Commission is population triggered. Mayor Cetraro expressed his support for retaining a five-member Commission. Mr. Brian Close noted that, since review of the local government is conducted every ten years, the StUdy Commissioners thought a trigger for increasing the number of Commissioners may be appropriate. Chairman Loren Olsen raised the issue of how the Mayor is elected and requested Commissioner input. 12-12-05 - 4 - Commissioner Youngman recognized that the current system is not intuitive. She also recognized that the manner in which Bozeman's Mayor is selected is an aberration in Montana. She then noted that ten years ago, the citizens surveyed favored a directly-elected Mayor and she supports that idea. Commissioner Krauss noted that a directly-elected Mayor helps define the community's leadership. He stated, however, the Commission-Manager form of government results in a weak Mayor; and the perception may be that a directly-elected Mayor would have more power than exists under this form of government. He also noted that a brand new Mayor has typically not been previously involved in the local government, and it takes several months to become versed in its various aspects. Under the current method, a Commissioner has a two-year apprenticeship before stepping into the Mayor role. He concluded by noting the current method has worked well over the last 80+ years and has precluded the issues that other communities have faced with a green Mayor, and he is hesitant to change it. Mayor Cetraro expressed his support for a five-member Commission and stated that he does not support moving to a ward system. He then acknowledged the current process of choosing the Mayor is unusual; however, he noted that visitors from different countries have found the idea intriguing once they understand it. Commissioner Hietala expressed his support for electing a Mayor, stating he feels that doing so is more responsive to community desires. Commissioner-Elect Sean Secker expressed his support for the directly-elected Mayor, although he also sees the benefit of serving two years as a Commissioner first. He then proposed that requirement be included in the Mayoral election process. Commissioner Krauss stated that if a Mayor is to be directly elected, it is important to keep the election at large. Commissioner Kirchhoff stated that creating a leadership niche on the Commission by directly electing the Mayor may draw more attention to the election. He acknowledged that electing the symbolic figurehead lends more charisma to the local race. Chairman Olsen asked if the charter should include a job description for the Mayor. Commissioner Krauss responded that the Mayor runs the meeting, gives a State of the City address and speaks as a representative of the Commission's majority opinion. He then expressed an interest in being involved in setting of the agenda with the City Manager, noting that he may then be more able to accurately predict the length of the meeting. Commissioner Kirchhoff responded that the duties of the weak Mayor can be expanded beyond what they currently are and characterized those duties outside of running the Commission meeting as symbolic and ceremonial in nature. Mayor Cetraro encouraged the Study Commission to not be strict in writing of the charter but to allow the Mayor the ability to delegate some of the ceremonial duties to other Commissioners. Chairman Loren Olsen briefly highlighted some of the issues with which the Local Government StUdy Commission is currently grappling, after which he thanked the Commissioners for this opportunity to meet in an informal setting. Break - 7:30 p.m. to 7:35 p.m. Mayor Cetraro declared a break from 7:30 p.m. to 7:35 p.m., to allow the Commission to prepare for the regular meeting. Pledae of Alleaiance and Moment of Silence The meeting was opened with the Pledge of Allegiance and a moment of silence. 12-12-05 -5- Minutes - Julv 5. Julv 11. Julv 18. Auaust 1. Auaust 15. Seotember 6. Seotember 12. October 3. November 7. November 21. and December 5.2005 It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the minutes of the meetings of November 7 and November 21, 2005, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, and Mayor Cetraro; those voting No, none. Mayor Cetraro deferred action on the minutes of the meetings of July 5, July 11, July 18, August 1, August 15, September 6, September 12, October 3, and December 5, 2005, to a later date. Consent Items City Manager Kukulski presented to the Commission the following Consent Items. Ordinance No. 1656 - adootina Chaoter 9.72. oertaining to soecial security service charaes for loud or unrulv aatherinQs: finallv adoot ORDINANCE NO. 1656 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING CHAPTER 9.72 PERTAINING TO SPECIAL SECURITY SERVICE CHARGES AT LOUD OR UNRULY GATHERINGS. Commission Resolution No. 3879 - creatina Soeciallmorovement Liahtina District No. 685 (Baxter Meadows Subdivision. Phases 2A. 2B. 2C. and 20) COMMISSION RESOLUTION NO. 3879 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO LIGHTING DISTRICT NO. 685 (BAXTER MEADOWS SUBDIVISION PUD, PHASES 2A, 2B, 2C, AND 20); CREATING THE DISTRICT FOR THE PURPOSE OF INSTALLING AND MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR INSTALLATION, MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT. Aooroval offinal olat for Gammack Minor Subdivision - subdivide 0.458 acres located at 328 North Church Avenue into two residential lots and relocate common boundary between 324 and 328 North Church Avenue Authorize Mavor to sian - Findinas of Fact and Order - Gallatin Center Subdivision PUD. Phase IV -subdivide :t48.73 acres described as Lot 3. Minor Subdivision No. 210. into nine commercial lots Authorize Mavor to sian - Findinas of Fact and Order - Amendment to Minor Subdivision No. 340 to allow access from Lot 5 onto Cottonwood Road. across an existina one-foot no access strio Authorize Mavor to sian - FindinQs of Fact and Order - StoneRidae Sauare Subdivision - subdivide 33.97 acres Ivina alona west side of North 19th Avenue between West Oak Street and Tschache Lane into 8 commercial lots and 1 remainina lot for common ooen soace and future residential develooment Authorize Mavor to sian - Findinas of Fact and Order - West Winds Subdivision. Phase II - subdivide 129 acres lying alona west side of North 27th Avenue extended between Tschache Lane and Baxter Lane into 113 residential lots and 95-acre remainder 12-12-05 - 6- Authorize Mavor to sian ~ Findings of Fact and Order - Oak SDrinas Subdivision - subdivide 78.05 acres Ivina alona north side of Durston Road at Meaaher Avenue extended into 188 sinale-household lots. 115 townhouse lots and 8 two-household residential lots Authorize Citv Manaaer to sian - Real Estate Sales Aareement for the Durchase of the Timberline Darcel and certain Dersonal real DrODertv - .344 acres with towers and strobe Iiahts for ioint disDatch center oDerations Authorize City Manaaer to sian - AcceDtance of Easement from Gatewav Partners Limited PartnershiD for emergency vehicle access across Lot 1 and Lot 8. Harvest Creek Subdivision. Phases 6 and 7 Authorize Citv Manaaer to sian - Release and Reconveyance of Easements on Lot 1. Block 10. Harvest Creek Subdivision. Phase 7: Lots 1 and 8. Block 31. Harvest Creek Subdivision. Phases 6 and 7: and Lot 8. Block 32. Harvest Creek Subdivision. Phase 6. for emeraencv turn arounds TemDorarv Beer and Wine License - Bridaer Ski Foundation - December 10 at the Emerson Cultural Center Building InsDection Division reDort for November 2005 Claims It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, and Mayor Cetraro; those voting No, none. Public comment On behalf of the NorthWest Neighborhood Network, Ms. Deb Stober, 395 Valley Drive, thanked the outgoing Commissioners for their service and their efforts to make Bozeman a better community. Commission Resolution No. 3877 - in SUDDort of Dublic transDortation services and recoanizina HRDC as reciDient of Section 5311 funds Included in the Commissioners' packets was a copy of Commission Resolution No. 3877, entitled: COMMISSION RESOLUTION NO. 3877 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, IN SUPPORT OF PUBLIC TRANSPORTATION SERVICES. Mr. David Kack, Chairman of the GalaVan Board and member of the HRDC Board, spoke in support of the resolution designation HRD as the recipient of Section 5311 funds. He noted that the creation of a public transportation system has been ongoing for quite some time, beginning with a study in 1986 identifying the need for a public system. More recently, the Greater Bozeman Area Transportation Plan, 2001 Update, included a section on public transportation and the recommendation for a separate transit development plan. A transit task force was subsequently created; and a joint stakeholders board is now studying the issue with the help of LSC Consultants from Colorado. Mr. Kack stated the passage of House Bill 273 has made it easier for private non-profits to operate transportation systems. He also noted the transportation bill approved in August 2005 brings more money into Montana for rural transportation systems, with federal support now paying 54 percent of the operating budget and just under 87 percent in capital costs. He stated that the stakeholders board is looking at the long-term but feels that adoption of this resolution is an appropriate interim step. He indicated that 12-12-05 - 7 - combining the funds currently received for GalaVan and the student fees that support the Bobcat Transit will result in $295,000 in local funds that can be used to leverage over $350,000 in federal funds to start the new public transportation system. He concluded by noted the federal law and Montana Department of Transportation require that local public officials designate only one body to receive the Section 5311 funds, and asked that HRDC be granted that designation. Ms. Patty Gunderson, Chairman of the Public Transit Stakeholders Board, stated the board has been meeting quite some time, and has worked extensively on the resolution now before the Commission. She stated this same resolution is also before the City of Belgrade and Gallatin County for their consideration. She voiced concern that no opposition has been expressed during the Board meetings, but has now surfaced as the Commission considers the resolution. She concluded by encouraging adoption of the resolution. Mr. Chris Budeski, Co-Chairman of the Public Transit Stakeholders Board, voiced his full support for the resolution and encouraged its adoption. Ms. Dee Phillip, ASMSU Student Senator, voiced support for the system, noting that lengthy discussions have been held with the students; and the Student Senate has adopted a resolution of support. She noted that this step can be used to move forward into a larger transit system and encouraged approval. Ms. Carol Shannon, member of the Public Transit Stakeholders Board, spoke in support of the resolution. She noted that she currently uses the bus system for commuting to do errands during her lunch hour. Mr. Jarvis Brown, 305 South 13th Avenue, noted he was on the original transit committee in 2002 and a member of the Public Transit Stakeholders Board in 2003, and is now a member of Transit Now!. He voiced concern about the proposed resolution, particularly its references to the Greater Bozeman Area. He stated that Transit Now! is currently circulating a petition to form a UTD and is concerned that adoption of this resolution will conflict with that effort. He also expressed concern that the proposal before the Commission will result in a funding shortage, since the annual budget reflects a total of $641 ,000, leaving a $300,000 deficit. He identified what appear to be two serious changes or omissions in the resolution from what was recommended on October 14, and concluded by encouraging the Commission to not adopt the resolution. Mr. Rick Meese, 704 Arnold Street, stated he has been assisting Transit Now! in gathering signatures and requested that the Commission not adopt the resolution. Ms. Suzanne Winchester, 303 East Cleveland Street, stated she has been a Bobcat Transit rider for ten years and a GalaVan rider for six years. She noted that Bozeman is the largest city in Montana without a transit system, and she finds the opportunity to merge two current providers is the logical first step in creating a system. She stated the recently passed federal highway bill helps smaller areas implement a transit system and, in this instance, that can be accomplished without raising property taxes. Mr. Richard Burke, 4801 Aspen Lane, stated he works for the School District's transportation department. His main concern is ridership, particularly as he witnesses the empty buses moving around town. As a result, he would like to see an amendment to the resolution that includes performance criteria for the interim system. He also suggested that, before any expenditure is authorized, the public be provided with details of the system, inclUding routes, hours of operation, and locations of stops. He questioned the cost effectiveness of a transit system and concluded by expressing concern that this proposal seems to be counter to the recommendations from LSC Consultants. Ms. Tina Rodriguez, 118 South 15th Avenue, stated she is strongly in favor of a public transit system in Bozeman; however, she has some concerns about the Stakeholders Board recommendations. She noted that she would like to see the details of the route system, hours of service, projected ridership, and estimated cost per run before the Commission makes its decision. Ms. Daphne Collins, 2019 West College Street, noted that the groups on both sides of this issue share similar views and similar goals. One of her concerns about the interim process is the lack of a bidding process. 12-12-05 - 8- Ms. Stacy Haugland, Co-Chairman of Transit Now!, expressed concern that this proposed interim plan is not as strong as it could be. She noted that a community generally has one opportunity to sell the UTD, and she is concerned that implementing this interim system could create problems for the success of a vote on an urban transit district. She also questioned whether the proposed system is adequately funded, and concluded by encouraging the Commission to consider alternatives that might better fit with aUTO. Ms. Lisa Ballard, 10 Sweetgrass Avenue, stated that she is a transportation engineer and technical member of the Stakeholders Board. She noted that if this is approved, Bozeman could have transit next year; and its $600,000 budget would be larger than those for Kalispell, Helena, and Butte. She stated that the system would have three routes in Bozeman and one to Belgrade, with door-to-door service being provided with yellow buses like those being used in Yellowstone Park. She noted that, if an urban transit district is created, the assets of this interim system will be turned over to the new entity. Responding to Commissioner Kirchhoff, Mr. David Kack stated that the proposal is designed as close to the Phase I draft report from the consultant as possible. He indicated that the monies available should provide for 45 hours on the street for 255 days per year and, if the community feels that Saturday service is essential, the hours of operation on Monday through Friday will be reduced. He then stressed that the routes will be adjusted and adapted as needed, noting that they will continue to be changed as necessary and as the system grows. He noted that, as the fourth largest city in the state, it is important to begin implementing some type of transportation system. Responding to questions from Commissioner Youngman, Mr. Kack stated the hub of the system will be the MSU campus, and the routing will be based on the generators of traffic. He acknowledged that those may include low-income housing complexes and senior citizen complexes, and stressed that the routes will be adjusted as necessary. Commissioner Kirchhoff noted that the draft of the resolution does not include an October 1, 2008, date; Mr. Kack responded that the final version of the draft did include that as the date when all entities would revisit the issue. Responding to Commissioner Kirchhoff, Mr. David Kack stated that both the federal and state laws allow only one supported public transportation system in a service area, and the service area may be larger than the system boundaries. He then stressed that all parties interested in public transportation are working toward the same goal; the stakeholders board is simply proposing an incremental approach. He cautioned that it typically takes two or three times on the ballot for an urban transportation district to be successful and, without an incremental implementation plan, the community remains without service until the district is formed. Commissioner Hietala stated he feels the HRDC must prove itself and, as a result, a review date needs to be included in the resolution. Commissioner Kirchhoff expressed his support for adopting a resolution that results in the Commission's ability to examine the accountability of the agency and the program. He then stated the resolution provides for that while allowing for a vote on the UTD to move forward. He also noted that the stakeholders board will continue to operate. He then questioned what the Commission would review on October 1, 2008, particularly if the stakeholders board remains active through this interim process. Commissioner Youngman voiced her interest in ensuring period review of the system, suggesting an annual review may be appropriate. She recognized that starting the system in Bozeman makes sense, noting that Belgrade and Four Corners could then be served through contracted services. Responding to Commissioner Krauss, Commissioner Youngman suggested that language in Item No. 4 in the resolution would allow for serving the greater Bozeman area, including Belgrade and Four Corners, rather than limiting service to Bozeman's city limits. She then acknowledged that an urban transportation district may be created for a smaller area, but could then contract to serve the greater area. Commissioner Krauss voiced concern for revising a resolution that is being adopted by two other entities and suggested that the resolution be adopted as submitted. 12-12-05 -9- It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that Commission Resolution No. 3877, stating support for public transportation services and recognizing HRDC as recipient of Section 5311 funds, be adopted as revised to include a review date of October 1, 2008; and that the public transit stakeholders board be asked to provide annual reports to the Commission regarding its activities under the interim system. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, Commissioner Youngman, and Mayor Cetraro; those voting No, none. Conditional Use Permit for Bozeman Gateway Planned Unit DeveloDment - allow develoDment of a master Dlan under an aDDroved develoDment manual and allow multiDle relaxations to code reauirements - Morrison-Maierle. Incoo for Mitchell DeveloDment GrouD. Inc. (Z-05217l This was the time and place set for the continued public hearing on the Conditional Use Permit for the Bozeman Gateway Planned Unit Development, requested by Morrison-Maierle, Inc., for Mitchell Development Group, Inc., under Application No. Z-05217, to allow development of a master plan under an approved development manual and to allow relaxations, as follows: (1 ) from Section 18.20.030.8., Bozeman Municipal Code, to eliminate the 60-percent restriction on impervious surfaces and development of the entire site, exclusive of required yard setbacks; (2) from Section 18.36.060.8., to allow development to be completed in ten years; (3) from Section 18.42.040.B., to allow block lengths to exceed 400 feet; (4) from Section 18.42.040.C., to allow block widths to exceed 400 feet; (5) from Section 18.42.100.B.3.c., to allow encroachment into 50-foot minimum setback along waterways; (6) from Section 18.42.1 OO.B.4.b., to allow required watercourse setback to not include adjacent wetlands; (7) from Section 18.44.030.A.1., to allow streets to intersect at angles less than 90 degrees; (8) from Section 18.44.090.D.3., to allow average spacing of intersections on Fowler Avenue to be reduced from 660 feet to 420 feet; (9) from Section 18.42.150.D.1., to allow horizontal illuminance to be less than 0.1 foot candles; (10) from Section 18.42.150.F., to allow light fixtures and standards that do not comply; (11) from Section 18.44.010.A.1., to relax requirements to allow streets to intersect at less than 90 degrees; (12) from Section 18.44.080, to allow soft trails in place of concrete boulevard sidewalks along streets fronting open space/pedestrian corridors; (13) from Section 18.44.090, to relax the average spacing requirements for public streets; (14) from Section 18.44.090.B.2., to exclude the requirement for all lots to have 25-foot frontage on improved public or private street or alley; (15) from Section 18.46:020.0., to allow diagonal parking along Technology Boulevard and Chronicle Lane; (16) from Section 18.18.020, to increase allowable building height in "B-2" district from 44 feet to 146 feet; (17) from Section 18.18.050, to allow encroachment into yard setbacks with off-street parking in the "B-2" district; (18) from Section 18.20.060, to increase the allowable building height in the "BP" district from 44 feet to 146 feet; (19) from Section 18.20.050, to allow encroachment into yard setbacks with off-street parking in "BP" district; (20) from Section 18.42.030.1., to not have access for all subdivision lots from an improved public or private street or alley; (21) from Section 18.18.040, to allow newly-created lots zoned "B-2" with minimum lot width less than 1 00 feet; and (22) from Section 18.20.030, to allow newly-created lots zoned "BP" with minimum lot width less than 150 feet. The subject property lies along the south side of Huffine Lane/US Highway 191 /West Main Street, east of South Fowler Avenue and north of West Garfield Street. Public hearing Mayor Cetraro reopened the continued public hearing. Senior Planner Dave Skelton presented the staff report. He reminded the Commissioners that the subdivision was approved at last week's meeting; this plan provides for the built environment. He noted that under this proposal, a mixed use development including a lifestyle center and professional offices is to be constructed on 71 acres under an approved master plan with development plan and architectural guidelines. He briefly highlighted the 22 deviations being sought in conjunction with this plan, noting that three of them may be granted by the City Engineer. He indicated that the development of this project is to be done in six phases and is projected to take thirteen years to complete. The Senior Planner stated that staff has reviewed this application in light of the applicable criteria, and staffs comprehensive findings are contained in the written staff report. Based on those findings, staff has forwarded a recommendation for approval, subject to several conditions. He noted that staff has also forwarded a recommendation for approval of all but six of the requested deviations, which pertain to the 60- 12-12-05 - 10- percent restriction on BP, building heights, and encroachments for the off-street parking. He also noted that only one of the three proposed lighting fixtures meets the City's lighting specifications. Responding to Commissioner Kirchhoff, the Senior Planner stated the applicant has expressed a willingness to consider a 70-foot height limitation. He then indicated that additional relaxations or deviations may be sought with a specific application; however, at that time, none of the relaxations or deviations granted at this time may be taken away. Senior Planner Skelton highlighted the key conditions recommended for approval of this application, noting that No.3 requires submittal of the final document to the ORB and staff for review, but does not require that it be brought back to the Commission for approval. He also reviewed a proposed revision to Condition No. 38, which provides that the City be party to any modifications to the plan. He concluded by forwarding the additional condition recommended by the Design Review Board, noting it is similar to the condition attached to other recent planned unit developments. Responding to Commissioner Kirchhoff, the Senior Planner indicated there has been some discussion with the applicant during the past week regarding a residential component in this development. Responding to Commissioner Krauss, the Senior Planner stated that the relaxation for the "BP" zoning district only and, if the applicant seeks and receives a "B-2" zoning designation for that portion of the site, the additional setback requirements will no longer apply. Planning Director Epple noted that the "BP" zoning designation does not allow residential uses while the "B-2" zoning designation does. He then stated that the parking allowance in the code encourages a mix of residential and commercial uses and, as a result does not require additional parking if three times the amount of parking for residential units is being provided on site. Mr. Ted Mitchell, applicant, introduced the remainder of his development team present at this meeting. He briefly reviewed the site plan and proposed layout, noting that they have worked to create a development application that complies with the City's growth policy. He drew attention to the core street through the development as well as the streetscape and beautification planned along the Huffine Lane entryway corridor and Fowler Avenue. He stated the mixed use development is to include financial institutions, restaurants, convenience retail, medical and professional offices, and a hotel. He noted the retail development is to be constructed in a lifestyle setting, with entertainment and trails for walking and bicycling. He stated that professional offices are to serve as a buffer to the advanced technology area, with additional professional offices scattered throughout the remainder of the site. He indicated that this development will include water features and open space with gathering places that encourage strolling, walking and bicycling. He then stated that he had not planned any residential component, but it appears that might be a topic of discussion during this hearing. Commissioner Kirchhoff noted that the Commission has approved a tremendous amount of both residential and commercial development over the past twelve months. He finds that a genuine mixed use development is needed in this location, particularly if the intent is to create an authentic downtown feel. He suggested the most logical place for residential development would be on upper levels along Technology Boulevard. He estimated that, if those buildings were to be constructed as four-story structures, a total of 300 dwelling units could be provided. He then indicated a willingness to allow those residential units to be spread throughout the development, with roughly 200 units being provided in the core. Mr. Mitchell indicated that he had not anticipated that level of residential development, although he recognizes that a residential component might be advantageous in a lifestyle development. He raised concerns about the safety and security of parking for the residential units. He suggested that the site proposed for a cinema could be changed to a motel and residential complex. He noted that would allow a majority of the first floor to be secured parking. Commissioner Krauss noted there is a large expanse of parking along West Garfield Street, and it would be nice to take advantage of that parking for residential development. He also encouraged a building that fronts on West Garfield Street, even if a double fronted building results. Mr. Mitchell stressed the center focal point of the development is a key element to the development. He then indicated a willingness to work toward a residential component, stating he feels that placing it on the south side of the development would be most appropriate. 12-12-05 - 11 - Responding to Commissioner Krauss, Mr. Mitchell estimated that two miles of trails are planned on the subject site. Responding to Commissioner Kirchhoff, the applicant estimated that the first floor of the buildings along Technology Boulevard will have a ceiling height of 12 to 14 feet; and the tower in the center will be approximately 50 feet tall. He confirmed that there will be a significant amount of glazing on the buildings, and they will reflect different architecture and uniqueness. Commissioner Kirchhoff reiterated the importance of adding a condition requiring residential development, including a significant percentage along Technology Boulevard. Mr. Mitchell cautioned that the costs of residential units above the retail development will be much higher than those of the downtown units that were constructed eighty years ago; and he anticipates the residents ofthose units would expect secured parking. He then reiterated his interest in pursuing residential development where the cinemas are currently proposed instead. Mr. Mitchell returned to his presentation, highlighting the phasing plan for development of the site. He indicated that the phases will not necessarily be developed in order; rather, he suggested that some of the higher numbered phases may be done before others, and some of the phases may be done simultaneously. Mr. Eric Bell, architect, characterized this as a unique type of development to Bozeman and to Montana. He suggested that, as proposed, the development will have more access for pedestrians and bicyclists than for vehicles. He noted that bike paths are to be provided along many of the streets, and trails throughout the development will connect the various green spaces. He also drew attention to the landscape plan for the entryway corridor. He noted there are to be a total of seven bridges throughout the development, with an attractive entrance to the main plaza space of the development that includes a large tower with a fire pit in the bottom. He indicated that natural materials are to be used, including stone, brick, and heavy timbers, with earth tones being prominent. He stressed that, while there will be an overall architectural theme, different and unique buildings are encouraged. Mr. Bell turned his attention to the development along Fowler Avenue, acknowledging that the backs of the buildings will face that roadway. He then indicated that those elevations are to be enhanced since they will be as important as the fronts of the structures. Ms. Deb Stober, 395 Valley Drive, asked that the trail be designed so it can connect to future trails along Fowler Avenue. She also stressed the importance of a traffic signal at the intersection of Huffine Lane and Fowler Avenue to allow for safe pedestrian movement to and from the development. She noted that, given the frustrations of finding available parking in portions of the community, she is hesitant to see any parking relaxations granted. She also expressed concern about the intersection of Huffine Lane and West College Street and proposed a limited access point onto that roadway. She concluded by expressing concern about unlimited height restrictions within this development. Commissioner Youngman indicated support for relaxing the height restrictions for the tower. Commissioner Kirchhoff asked that Condition No.3 be amended to provide that the development manual be sent concurrently to the Design Review Board and the City Commission, so the Commissioners have the ability to forward any comments to the ORB before it acts on the manual. Commissioner Krauss indicated he supports relaxing the height restrictions for the clock tower, but not the hotel. Mr. Mitchell amended the requested relaxation for the hotel, asking that the Commission consider a height restriction similar to the downtown buildings. Senior Planner Skelton stated the tower on the Baxter Hotel is 60 feet, noted the City Manager has suggested a 55-foot limitation, and proposed 65 feet as a possible threshold. Commissioner Krauss expressed his support for Commissioner Kirchhoff's proposed revision to Condition No.3. He also indicated his general support for the design criteria for much of the development, but is concerned about the West Garfield Street exposure, particularly with the expanse of parking adjacent 12-12-05 - 12 - to the proposed cinema building. He noted support for residential development where the cinemas are currently shown as well as above the core businesses. Commissioner Youngman indicated her support for staff's recommendation that six of the relaxations not be granted and stated that she is uncomfortable with a blanket height relaxation of 65 feet, thus setting up other areas to compete with the downtown. She would, however, be willing to consider a height relaxation that is connected with residential development. She also indicated her support for the additional condition recommended by the Design Review Board. Commissioner Kirchhoff suggested that the Commission allow Phase I of this development to move forward, but require that prior to Phase II, the applicant bring forward a residential plan for 300 units, with the height limitation being connected to the residential units. Commissioner Krauss questioned the connection to Phase II and the requirement for 300 residential units. Commissioner Youngman proposed that the Commission identify the targeted number of dwelling units and offer the applicant an opportunity to convince the Commission that that number will not work for this development. Mayor Cetraro indicated his support for the overall project, but indicated he also likes the idea of a residential component. Mr. Greg Stratton, consulting engineer, asked the Commissioners to consider four of the recommended conditions. He noted that Condition No. 19 calls for no more than 25 percent of the building facade to have synthetic surfaces, and he feels that is subjective; Condition No. 27 calls for darker frames in lieu of brushed stainless frames; Condition No. 36 is not necessary because of the reciprocal parking agreement. He then asked that Condition No. 38, which requires that the City be listed as a third party to the protective covenants, be revised to require that the City approve any modifications or changes to the protective covenants. Mr. Ted Mitchell identified the proposed residential component as a critical issue, stating he cannot agree to move forward with Phase I only, with the issue of the residential component remaining unresolved until Phase II or Phase III. He then indicated a willingness to turn the buildings along West Garfield Street to face that street and to possibly consider a residential complex/hotel where the cinemas are currently proposed. He questioned the viability of providing 300 residential units, and then concluded by requesting that he be given the opportunity to construct buildings the same height as those downtown. Senior Planner Skelton responding to the issues raised by Mr. Stratton. He noted that Condition No. 19 was to ensure that the buildings meet the intent voiced by the applicant. He then stated that the requirement for dark frames is to ensure that the appearance of the building remains rich. He indicated that staff has no problem with the proposal for a reciprocal parking agreement. He then concluded by acknowledging that Condition No. 38 should be amended to remove the City as a party to the protective covenants, but that the Commission approve any amendments or modifications. Responding to Commissioner Kirchhoff, Mr. Stratton suggested that a timeframe or percentage of development be attached to any requirement for residential development. He noted that there are prospective tenants ready to move forward, and not all of them are located in Phase I. Mr. Mitchell asked the Commissioners what happens if he finds that he cannot provide 300 residential units, but could possibly provide 60 or 70 units. He indicated that while he is prepared to agree to providing residential units, he is not sure to what degree he can do so. He asked for the Commission's trust and an agreement to look at the issue in three or four years. Commissioner Krauss indicated that he shares the applicant's discomfort with the requirement for 300 residential units, but feels a fair amount should be provided. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. 12-12-05 -13- Decision Commissioner Hietala expressed his support for the conditions as recommended by staff. Commissioner Krauss noted that staff recommended denial of six of the requested relaxations; however, he has no problem with granting a relaxation from 44 feet to 65 feet in height for this development. Commissioner Youngman stated she cannot support blanket approval for a 65-foot height limitation. Commissioner Kirchhoff characterized this as probably the nicest in-line outdoor mall in Montana, being styled on the downtown. He noted it is also identified as a mixed use development; however, without a residential component, he does not find that it is. He reiterated his desire to see housing provided, and asked that the Commission require a minimum of 70 residential units and a maximum of 200 unit be provided, with a significant portion of those units being provided in the core. He also suggested that the height limitation relaxations be contingent upon performance in providing residential units. Commissioner Younsman expressed her support for a sliding scale on housing and height relaxations, as proposed by om missioner Kirchhoff. Commissioner Krauss questioned why the two elements should be tied together. He then indicated that, if the Commission is uncomfortable with a blanket 65-foot height limitation, he could support limiting that height to three or four buildings within the development. Mayor Cetraro stated he feels this development will directly impact the downtown, and he is concerned when people talk about this as a destination. He then voiced his support for the sliding scale that Commissioner Kirchhoff has proposed. City Manager Kukulski suggested that the Commission require the applicant to come back within three years with an updated PUD that includes the residential component Commissioner Krauss stated he cannot support the proposed requirement, stating this is "not a carrot and a stick". It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the Conditional Use Permit for the Bozeman Gateway Planned Unit Development, requested by Morrison-Maierle, Inc., for Mitchell Development Group, Inc., under Application No. Z-05217, to allow development of a master plan under an approved development manual and to allow relaxations, as follows: (1 ); from Section 18.36.060.B., to allow development to be completed in ten years; (2) from Section 18.42.040.B., to allow block lengths to exceed 400 feet; (3) from Section 18.42.040. C., to allow block widths to exceed 400 feet; (4) from Section 18.42.1 00.B.3.c., to allow encroachment into 50-foot minimum setback along waterways; (5) from Section 18.42.1 OO.B.4.b., to allow required watercourse setback to not include adjacent wetlands; (6) from Section 18.44.030.A.1., to allow streets to intersect at angles less than 90 degrees; (7) from Section 18.44.090.D.3., to allow average spacing of intersections on Fowler Avenue to be reduced from 660 feet to 420 feet; (8) from Section 18.42.150.0.1., to allow horizontal illuminance to be less than 0.1 foot candles; (9) from Section 18.44.010.A.1., to relax requirements to allow streets to intersect at less than 90 degrees; (10)from Section 18.44.080, to allow soft trails in place of concrete boulevard sidewalks along streets fronting open space/pedestrian corridors; (11) from Section 18.44.090, to relax the average spacing requirements for public streets; (12) from Section 18.44.090.B.2., to exclude the requirement for all lots to have 25-foot frontage on improved public or private street or alley; (13) from Section 18.46.020.D., to allow diagonal parking along Technology Boulevard and Chronicle Lane; (14) from Section 18.42.030.1., to not have access for all subdivision lots from an improved public or private street or alley; (15) from Section 18.18.040, to allow newly-created lots zoned "B-2" with minimum lot width less than 100 feet; and (16) from Section 18.20.030, to allow newly-created lots zoned "BP" with minimum lot width less than 150 feet, be approved subject to the following conditions: 1. The PUD shall comply with all approved conditions of the subdivision preliminary plat approval. 2. Conditional approval of the Preliminary PUD Plan and final approval of the Final PUD Plan for Bozeman Gateway Subdivision PUD by the Planning Director is limited to the approval of the master plan and development guidelines of the Development 12-12-05 - 14- Manual only. Approval does not exempt the applicant from compliance with all provisions of the Bozeman Municipal Code, which are applicable to this project and site plan review of individual projects within the PUD. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed, do not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 3. Prior to submitting for Final Plat review and approval of the initial phase(s) for the Bozeman Gateway Subdivision PUD, the applicant shall obtain Final PUD approval by the Planning Director. A draft of the revised protective covenants and restrictions for the property owner's association, preliminary draft of the Final PUD Plan and Development Manual addressing all of the conditions of approval and outlined in the staff report shall be submitted for review by the City Commission, Planning Office and DRB a minimum of thirty (30) days prior to submitting for final plat review and approval of the initial phase(s) of the subdivision. 4. The landscape features and trail improvements along the West Main Street entryway corridor that front onto US 191 /Huffine Lane and West Garfield Street shall be installed with Phase I of The Bozeman Gateway Subdivision PUD. 5. That all pedestrian/bicycle crossings and walkways with streets be given greater emphasis by using similar pavers that reflect the surface treatment of public plazas and areas of outdoor social activities. Connections between streets, off-street parking lots, and public areas should also be given attention in terms of raised walkways, pavers, pedestrian lighting and landscape features. The Final PUD Plan will contain a written narrative and detailed plan in the Development Manual whereby the project provides a public information shelter and map display area along the West Main Street entryway corridor. This area will serve as a regional trail connection point for pedestrians and bicycles along the corridor. 6. Pathways must be maintained by the developer in conformance with the approved maintenance plan until 50 percent of the lots are sold. Thereafter, the homeowner's association is responsible for pathway maintenance (Section 18.50.110). Plans and specifications for the trail will need to be reviewed by the Parks Department prior to construction. A Type II Class trail is recommended along the watercourse corridor with the placement of appropriate pedestrian crossings at all intersections with interior subdivision streets. A typical cross section of the public trails, Both Type I and Type II, shall be included in the landscape guidelines and will include trail specifications, typical landscape guidelines, and site grading plans for review and approval prior to final plat approval. 7. Provisions for a transit stop within the interior of the PUD and an information center along the West Main Street entryway corridor shall be incorporated into the site design for review and approval with the Final PUD Plan. A written explanation, illustrations and details shall be included in the Development Manual for review and approval. 8. The public streetscape shall contain a regular spacing of boulevard trees along all streets, both public and private, in concert with landscape features and screenin~ of off-street parking lots; primarily, areas along West Garfield Street and U Highway 191 /West Main Street. All trees to be installed in the boulevards, off-street parking lots, common open space areas, public plazas and individual subdivision lots will be installed at 2-inch caliper in diameter. Street character along the West Main Street entryway corridor, Fowler Avenue and Garfield Street shall call for architectural features that suggest a presence of store fronts, plazas, fenestration treatment and architectural details that reflect the "lifestyle center" concept. The Development Manual shall contain said language to insure implementation of said streetscape features. 9. Commercial and retail drive-thrus and associated apprentices (speaker phones, signage, A TM, canopies, etc.) shall not front onto the entryway corridor or 12-12-05 - 15 - corner-side of the building and will not impact the building fa<;:ade of the satellite structures along the streetscape. The Development Manual will provide a typical illustration that speaks to this provision prior to Final PUD Plan approval. 10. The Final PUD Plan and Development Manual shall discuss the treatment of street intersections that are enhanced by pedestrian-friendly entrances, plazas or design features such as benches and landscape planters. Building entrances near the sidewalk edge that contain an entry plaza should also be considered at the intersections of local streets with Technology Boulevard and not only in the commercial area, but also along the business park/professional office corridors. This would also apply at the corner of Fowler Avenue and West Garfield Street. If it is the decision to locate the grocery store at the southeast corner of West Main Street and Fowler Avenue, a building entrance and plaza must occur along the entryway corridor, preferably at the northwest corner of the building. 11. The Development Manual and Landscape Plan shall address the treatment of drainage basins in the open space corridors with regard to placement of said facilities and outlet structures. These facilities must be properly landscaped and prevent any impact on the landscape features along these corridors. Specific landscape details will be required with the final landscape plan to demonstrate proper landscape of the facilities. The landscape guidelines shall state that drainage basins will not eliminate the installation of landscape and landscape features as depicted on the Preliminary PUD Plan; and if so, will be replaced outside of the open space corridors. A landscape architect shall certify on the Landscape Plan that landscape features installed over or around areas that contain a drainage basin in the open space corridor will not be impacted. 12. That the landscape guidelines of the Development Manual state that the surface ponds along West Main Street are not part of the storm water facilities and will be maintained as landscape feature along the entryway corridor. Provisions will be discussed in the protective covenants and Development Manual that will limit the fluctuation of said ponds to ensure that they remain an effective landscape feature along the entryway corridor. Should the design and installation of the surface ponds result in problems with fluctuation and are not considered an effective landscape element of the entryway corridor, resolution of the problem shall be resolved prior to the filing of the final plat for the second phase(s) of the major subdivision. 13. The water features along the West Main Street entryway corridor shall be designed as open space amenities as organic in shape and form, and lined with appropriate aquatic and wetland features, native grasses and indigenous plants. Provisions will outlined in the Development Manual and/or protective covenants that The PUD Landscape Plan shall include landscape plan of the water features for review and approval prior to Final PUD Plan approval. Side slopes for the water features shall not exceed 25-percent slope. 14. The final Landscape Plan shall specifically address landscape details for the three open corridors, two public trails within the north off-street parking lot, and West Main Street entryway corridor. Detailed landscape plans shall also be included for the two public plazas within the interior of the lifestyle center and the small public spaces along the north/south water courses. Prior to Final PUD Plan approval the Landscape Plan shall be submitted to the Planning Office and DRB for approval. 15. The final Landscape Plan shall expand on the types of vegetation sought within the design standards and should a stronger emphasis on clustered landscape features, low-profile vegetation, native type species, vegetation along the watercourse corridors and West Main Street entryway corridor, flowering and perennial species, and ground cover. The design standards shall specifically discourage the use of "pea" gravel or decorative 1 %-inch to 2-inch washed rock gravel, or less. All landscape islands that include decorative rock or gravel as a ground cover shall specify "river rock" or equal in the landscape plan. 12-12-05 -16- 16. That the applicant will provide surface finish elevations for all parking lots and building finished floor elevations with respect to associated watercourse features. The Development Manual and protective covenants shall state that all open space areas and associated watercourse setbacks will remain undisturbed unless otherwise approved by the Planning Office. All grade transitions between off-street parking lot areas and abutting watercourse open space areas shall not exceed a maximum slope of 4:1, or 25-percent slope. 17. The Bozeman Design Objectives Plan states that the following elements must be achieved in order to reduce the perceived mass of a building: a change in color or change in material shall be used in each building module; a 20-percent change in vertical height between each module; change roof form; change in articulation. The architectural guidelines should discuss components that help to establish a human scale along the facade, store fronts, primary entrances (Le., one-story elements). Expression of each floor in the external skin and use of materials should also be noted. The Development Manual will need to provide illustrations for each of these guidelines as discussed and revise any illustrations proposed in the Development Manual that do not reflect said criteria. 18. The architectural guidelines for the development suggest that the Convenience Center, Outparcels and Office-Professional areas will incorporate the architectural vocabulary of the lifestyle center. However, modifications will be required due to the significant variation in building type and scale. The Development Manual goes on to state that an exact determination of which entities will be responsible for which elements of design and construction will be determined by individual lease or sales agreements. In-lieu of this, the Development Manual shall give specific attention to each of these areas of the mixed-use development and identify what must be achieved in each of these areas to maintain the architectural integrity of the overall development theme. The Development Manual shall graphically address the presentation of building facades that face onto the public streets (Le., West Main Street entryway corridor, Fowler Avenue and West Garfield Street) and, through the use of illustrations, illustrate the architectural theme sought with the "lifestyle" center of the Bozeman Gateway Subdivision. This also applies as well to the professional office, business park and convenience components of the development, as well as the rear facades of both sides of the "lifestyle" center situated along Technology Boulevard. 19. The architectural guidelines of the Development Manual will be modified to state that not more than 25 percent of any of the building facades shall be covered with a synthetic surface. 20. The Development Manual will discuss presentation onto a street regardless if it's the main street for the lifestyle center, private street or a public street with respect to a formal entrance, store fronts, covered entrances, and public spaces. 21. Section V of the Development Manual - "Review Procedures of the Development Manual" shall be revised to clarify that the site plan review process for individual projects within the planned unit development are not an informal review by the City of Bozeman and shall instead follow the prescribed site plan review process outlined in the City of Bozeman Unified Development Ordinance. The Manual shall further note that with site plan review applications for each building project shall include in the submittal detailed elevations, floor plans, landscape plan, site plan, colored rendering, accurate color palette, and materials sample board specific to said project 22. No corporate or franchise style architecture shall be permitted in the Bozeman Gateway Subdivision and noted accordingly in the Development Manual and the protective covenants and restrictions of the property owner's association documents. 23. The general building materials theme and color palette shall be continued throughout all phases of the development. The types of cultural stone to be used 12-12-05 - 17 - throughout the project shall be reviewed and approved by the ORB and ADR staff as part of the Final PUD Plan and noted accordingly in the Development Manual. 24. The Development Manual shall be modified to specifically state that all roof top mechanical equipment will be properly screened through the use of proper architectural screening techniques or with parapet walls that will reach a height that is equal or greater than the top of all mechanical equipment. Any ventilation for plumbing or air exchange that is not mechanical related equipment shall be painted to match the color palette of the roof and/or architectural screening. 25. All of the buildings on the perimeter of the development shall have a second store front (double fronted design) that is oriented towards the streetscape and shall include a colonnade and a sidewalk connection to the perimeter sidewalk/trail system. All comer buildings shall include a type of design feature directed towards the corner (a concave area or a bump-out constructed of transparent materials) and shall be noted accordingly in the Development Manual. Any additional exhibits presented to the ORB and City Commission that are found acceptable shall be included in the Development Manual. 26. The backside of the buildings shall be addressed by the continuation of similar materials on all sides of the building(s) with similar architectural features, light fixtures, materials, color palette, and awnings over the doors on the rear or back elevations. 27. The development guidelines shall contain language for all store fronts that encourages the use of dark bronze anodized, or similarly darker frames, in-lieu of the brushed stainless steel finish. 28. Sconce lights and goose neck lights (down lights only) shall be added to the larger retail buildings (over 15,000 square feet). Exposed, unshielded neon tube lighting and continuous LED string lighting are not permitted in the planned unit development and shall be noted accordingly in the Development Manual and protective covenants of the property owner's association. The lighting guidelines may indicate that neon lighting and LED lighting may be used as a subtle lighting element under the soffits, behind the fascia or in the sign package (Le., backlit feature) as an indirect, obscure lighting detail. 29. The architectural guidelines of the Development Manual shall contain language that discourages the use of translucent or transparent awnings and shall instead be opaque in material through the use of fabric or metal materials only. 30. Those areas of the building facade to be finished in a synthetic material (Le., EFIS., dryvit, stucco or similar finish) shall place a strong emphasis on the treatment, color palette and variation in joint detail and pattern, relief, and architectural detail, and noted accordingly in the Development Manual. 31. All crossings within the Planned Unit Development shall be constructed with scored concrete or pavers similar to the surface materials installed throughout the public outdoor public areas. The crossings shall be noted as such on the Final PUD Plan and details for the pattem(s) shall be provided in the final development guidelines. 32. Larger seating areas with planters shall be installed throughout the plazas and public areas and a typical detail of the planters included in the Development Manual. 33. The development guidelines shall indicate that no backlit cabinet type "box" signs will be permitted in each phase of the development unless a three-dimensional component is included that creates a sense of architectural relief and where no plastic, translucent, or transparent face are permitted. This shall be addressed in the comprehensive signage plan for the planned unit development and shall be submitted to the Planning Office prior to Final PUD approval that depicts a sign package that exhibits qualities of style, relief, and compatibility. 12-12-05 - 18- 34. A common master signage plan depicting the actual location, dimensions, height, illumination and use of materials for all freestanding signs shall be submitted for review and approval prior to Final PUD Plan approval. Both the pylon signs and monument signs shall be constructed of materials compatible with the overall building design theme for the development and illustrated accordingly in the Development Manual. All signs shall obtain a sign permit prior to construction and installation, and shall comply with the required regulatory standards set forth in the Unified Development Ordinance. The Development Manual will need to include a graphic component of the master sign plan for the entire property that reflects the theme desired with this PUD. This includes discussion on the position of signs as part of the overall building composition; avoid obscuring architectural details, materials, and use of color and relief, three-dimensional signage, placement of freestanding signs along street frontages, entrances into the development, and addressing required setbacks and street vision triangles. 35. The north off-street parking lot in Phase IV will replace two off-street parking spaces along each of the two watercourse open space corridors for the placement of an 18- foot by 18-foot public area with benches, pavers and landscape features. A typical detail of this area shall be illustrated accordingly in the Development Manual as part of the landscape guidelines and the final Landscape Plan for the development. The watercourse corridors shall have a minimum width of not less than thirty feet, exclusive of the 18-foot by 18-foot public area. 36. The applicant shall implement an "Off-Street Parking Lot Implementation Plan" for each phase of the planned unit development that ensures adequate parking facilities are available for the general public in each phase of the PUD. The gross floor area of buildings in each phase will be determined based on the ability to comply with the required minimum off-street parking standards outlined in the Unified Development Ordinance. This will be further addressed during site plan review of each individual project. The applicant shall further provide a notation on the subdivision plats and in the protective covenants and Development Manual that all off-street parking areas located within the development will be held to a reciprocal shared parking easement and agreement for use by the general public. 37. All parking lot lights and internally illuminated signs shall be turned off within one hour of closing, unless otherwise approved by the Planning Director of City Commission during site plan review of each individual project within The Bozeman Gateway Subdivision PUD. Only security lights will be permitted to remain on throughout the night. 38. The City of Bozeman shall be party to any modifications, changes or amendments to the protective covenants and restrictions and to the Development Manual for The Bozeman Gateway Subdivision PUD as it relates to the conditions of approval for the subdivision Preliminary Plat and zoning PUD Preliminary Plan. 39. That the applicant submit an implementation plan for a residential component of seventy (70) or more residential dwelling units with a substantial number of dwelling units located in the core of the development, prior to review and approval of Phase II. 40. That all site plan review applications within the subdivision will be subject to review by the Design Review Board. 41. That office buildings 3, 4, and 5 in Phase III be rotated to front onto Garfield Street. 42. Building heights will be permitted not to exceed a height of sixty-five (65) feet based on the merits of a residential component for the planned unit development. 12-12-05 - 19- The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Youngman, Commissioner Kirchhoff, and Mayor Cetraro; those voting No being Commissioner Krauss. Review of Dreliminarv Dlat Dre-aDDlication for Lydens DroDerty - subdivide 13 acres Iyina at southeast corner of Durston Road and Fowler Avenue extended into 49 sinale-household residential lots (P-05061) Included in the Commissioners' packets was a memo forwarding the pre-application for the preliminary plat to subdivide 13 acres located at the southeast corner of the intersection of Durston Road and Fowler Avenue extended into 49 single-household residential lots. Planning Director Andy Epple presented the staff report on behalf of Associate Planner Jami Morris. He stated the applicant is proposing a traditional single-household development on 13 acres lying at the southeast corner of Durston Road and Fowler Avenue extended, with roads and alleys and one cross street. He noted there is a parkland dedication requirement of 1.71 acres; and the applicant is proposing to provide that through the dedication of an additional 10 feet of right-of-way for Fowler Avenue and cash-in-Iieu for the balance. He indicated that the Fowler Avenue road connection has been a key component of discussion, with four potential cross sections being provided. He noted it has been determined the road cannot be constructed on the typical alignment without substantial impact to the ditch, resulting in the need to relocate the ditch and impacting the trees. Mr. Chris Budeski, representing the applicant, stated the applicant wishes to have this property included in the special improvement district for Durston Road. He then identified the design of Fowler Avenue as a critical component, noting that if a five-lane arterial is identified as the preferred alternative, the developer will be responsible for the east half, but questioned who would be responsible for the west half. He stated that the proposed street, path and green space with bike path would fit within a 100-foot- wide right-of-way, and the narrower right-of-way would have less impact on the narrower parcel to the south of this site. He noted that, since this is a long, narrow parcel, some of the lots must front on Fowler Avenue. Project Engineer Bob Murray stated the proposed Fowler Avenue would include a 37 -foot-wide street back-of-curb to back-of-curb, with a 5~-foot-wide boulevard. He cautioned that even this width street, constructed on the section line, will protrude into the ditch, requiring it to be moved and that trees be removed. In light of these issues, he suggested that the street be located in the center of the 100-foot-wide right-of-way and that a minor arterial section be constructed, either in a 50-foot-wide back-of-curb to back-of- curb standard or as a split facility. He cautioned that a 37-foot-wide street is not wide enough to serve as a minor arterial, particularly when the plowing of snow can result in the loss of one lane width. Responding to Commissioner Hietala, the Project Engineer suggested that with the proposed street configuration, the parkland and pond can remain on the site. Mr. Budeski noted there has been a lot of interest in providing a linear park. He cautioned that if the ditch is relocated and piped, the pond will not fill with water. Responding to Commissioner Kirchhoff, Project Engineer Murray stated that the dream of a bicycle/ pedestrian facility can be realized; however, he cautioned that it will not be located near an open ditch and trees. Mr. Budeski stated that piping of the ditch is expensive, and recognized that an open stream would be a nice amenity. He then requested clear direction on the location and width of the road and whether the Commission wants a linear corridor or a park. He also asked if the ditch is to be left open or piped. Project Engineer Murray cautioned that there are water users to the north of this site, so care must be taken to ensure the ditch and water volume are not negatively impacted. Commissioner Kirchhoff voiced his support for a 50-foot-wide minor arterial standard. Mr. Steve Hoffman, 3425 Broadwater Street, noted many neighbors have become involved because of concern about the width of the street and the loss of the ditch and trees. He expressed support for a roadway plan that ensures a trail fully funded and constructed. He suggested that a 37 -foot-wide road be 12-12-05 - 20- moved to the east. thus resulting in minimal impact to the ditch and associated vegetation, and noted that a trail west of the ditch would be a great amenity to the area. Mr. James Mason, 206 Sweetgrass Avenue, thanked the community's forefathers for their foresight in setting aside land and developing Lindley Park, Bogert Park, and Beall Park, noting they contribute to making Bozeman "the most livable place". He encouraged the Commissioners to consider what they are leaving their children and grandchildren and voiced his appreciation for their support of a linear park and protecting the open ditch. He noted that the County has been successful in its open space bond sales and encouraged the passage of a bond issue within the city limits to address gnarly issues like this one. Mr. Stan McHann, 202 Sweetgrass Avenue, expressed appreciation for the vision of a tree-lined trail system along Fowler Avenue, providing connectivity between amenities in this area. He asked that part of the right-of-way be designated as a trail corridor and that the City work with the Gallatin Valley Land Trust and others to protect the lives of those living within the city. Mr. Mike Cole, 302 Sweetgrass Avenue, encouraged the Commissioners to not give up on the possibility of establishing a trail from the Bozeman Ponds to the regional park. Mr. Ted Newman, 535 Valley Drive, noted the Commission's decision on the road section will set the tone for the remainder of the road. He noted there are a few places where the width has already been set at 100 feet. and he likes the idea of a roadway constructed within that corridor with bicycle and pedestrian facilities on both sides. He then encouraged the Commissioners to ensure driveways that can accommodate two vehicles, citing Fowler Meadows, Michael Grove Avenue, and Oak Springs Subdivisions as developments where that was not done. Mr. Ted Lang, Executive Director of the Gallatin Valley Land Trust, distributed copies of his written comments. He noted the trail corridor is important in linking various amenities in the community, and provides for an alternative transportation system to the vehicular system. He acknowledged that there are a number of variables involved in this site, including the pond versus trees. In that instance, he proposed that the pond be sacrificed for a high-quality trail corridor. If, however, the ditch and trees cannot be retained, he encouraged the Commission to take a hard look at the viability of the parkland and pond. He identified the key issues as trail connectivity, adequately buffering homes on both sides of the street, and signalized intersections. Ms. Martie Stewart, 3303 Bitterroot Way, stated her property abuts both this property and the property that is the SUbject of the next public hearing. She noted that her property is currently bordered by Valley Drive and Bitterroot Way and now encounters the possibility of being bordered by Fowler Avenue, a three- to five-lane arterial. She encouraged the Commission to approve a street alignment that is centered within the right-of-way with boulevards on both sides. She encouraged the Commissioners to consider the liability issues that could arise with retaining the open ditch, cautioning that a small child can drown in only three inches of water. Ms. Deb Stober, 395 Valley Drive, read a letter into the record. She voiced concern that, when discussion first started, it included a pond, the ditch and trees; now it appears that the area must fight for just a trail. She reminded the Commission that the Bozeman 2020 Community Plan encourages protection of the environment and maintaining existing amenities. She also encouraged the Commissioners to consider whether requiring a 11 O-foot-wide right-of-way instead of a 100-foot-wide right-of-way will create problems for future developers. She asked that the Commission consider snow removal issues and maintenance of the ditch as this project goes through the process. Ms. Sharon Benson, 3724 West Cascade Street, spoke in support of a trail along the west side of the street, noting it provides a unique ability to connect this portion of the community to MSU. She also encouraged the Commission to give favorable consideration to a 37 -foot-wide street, retaining the open ditch, and saving as many old growth trees as possible. Commissioner Youngman acknowledged that probably not many of the existing trees can be saved, but noted that those which are will likely reseed themselves. She then voiced support for the street section recommended by staff and encouraged double checking the alignment to ensure it is practical for the corridor. She concluded by voicing support for the bicycle/pedestrian facility and for requiring the addition 10 feet of right-of-way. 12-12-05 - 21 - Commissioner Krauss voiced support for requiring the additional 10 feet of right-of-way and for construction of a 37 -foot-wide street. He also indicated interest in relocating the ditch and leaving it open, keeping the corridor to the west as wide as possible. He further requested that the sidewalk be eight to ten feet wide rather than the standard five feet wide. Commissioner Kirchhoff expressed interest in a 50-foot-wide street section in a 1 OO-foot-wide right- of-way. He stated that, while he would love to retain the open ditch and trees, it appears the most sensible alternative in this instance is to provide a 10-foot-wide bicycle/pedestrian path adjacent to and separated from the roadway. Commissioner Hietala stated his support for a 37 -foot-wide road in a 1 OO-foot-wide right-of-way, with a trail to the east, protecting the pond and preserving as much green space as possible. Mayor Cetraro voiced support for a 37-foot-wide, three-lane road without additional right-of-way. Mr. Budeski asked that the Commission provide input on the width of the pavement to be provided and whether a linear trail or a park is preferable. Following a brief discussion, Mayor Cetraro indicated the Commission has no additional input and thanked the applicant for the opportunity to conduct this review. Informal review - DroDosal for annexation. zonina. and subdivision of aDDroximately 9 acres located at northeast corner of intersection of West Babcock Street and Fowler Avenue extended (French DroDertv lying immediately south of Lydens DroDerty) (1-05038) Included in the Commissioners' packets was a memo forwarding the informal application for annexation, zoning, and subdivision of approximately 9 acres located at the northeast corner of the intersection of West Babcock Street and Fowler Avenue extended to allow for a combination of single- household and multi-household residential lots. Planning Director Andy Epple submitted staff report on behalf of Associate Planner Jami Morris. He noted that this subject 9-acre parcel lies south of the property that was the subject of the previous discussion and is narrower than that parcel. He identified the location of the Fowler Avenue alignment and highlighted the informal application submitted by the applicant and the alternate drawing prepared by Associate Planner Morris. He then stressed that the houses within this development must front on Fowler Avenue. Mr. Rob French, applicant, stated that they received some feedback at the Planning Board meeting. He recognized that they will have only two rows of lots rather than the three that can be accommodated in the development immediately to the north. He voiced his preference for having the two rows of houses within this development face each other rather than facing Fowler Avenue. He recognized that this development will included double frontage lots and asked for Commission feedback on whether the houses on those lots should face Fowler Avenue or the interior street. He cautioned that if a 60-foot-wide right-of- way is required for Fowler Avenue and if an alley is required, the lots will become rather shallow. He also reminded the Commission of the stream that runs along the east side of this property and extends through the Lydens property. Ms. Martie Stewart, 3303 Bitterroot Way, suggested that Bitterroot Way not be extended to this property, but that it be abandoned. Ms. Deb Stober, 395 Valley Drive, noted that the existing trees are potentially affected by the alignment of Fowler Avenue. She also identified the trail alignment as a key issue to be considered. Mr. Mike Coles noted that the width of Fowler Avenue south of West Babcock Street does not need to dictate the width of the street as it extends north. He suggested that the transition to a wider roadway can easily be made. Mr. Brad French, 3325 West Babcock Street, expressed concern about the extra ten feet of width for Fowler Avenue through this property. He noted, on the other hand, that it is important to not scale the road down too much, but to consider the future needs as the community grows. 12-12-05 - 22- Ms. Judy McHann, 202 Sweetgrass Avenue, expressed her interest in seeing access to a trail on Cascade Street. Commissioner Kirchhoff referenced the previous application, noting that the alignment to the south is a 50-foot arterial section, without the additional 1 0 feet. He also noted support for having the houses face Fowler Avenue. Commissioner Krauss stated he sees no reason to extend Bitterroot Street into this development or to squeeze a park into the site. He suggested that lots be added where the park is proposed in exchange for a wider street right-of-way. Commissioner Youngman stated her comments on the previous agenda item pertain to this item as well. Mr. Rob French noted a stream runs along the eastern side of the property and suggested that it could remain an open swale along the back yards of the lots. Mayor Cetraro concluded this agenda item by thanking the applicant for an opportunity to review this informal plan. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1 ) Letter from Jan Elpel, 8215 Fowler Lane, expressing concern about the Montana Public Power, Inc., proposal to buy NorthWestern Energy. (2) Letter from Paul Schirmer, 513 South Tracy Avenue, expressing support for a traffic signal at the intersection of South Willson Avenue and West College Street. (3) Letter of resignation from the Historic Preservation Advisory Board, submitted by Jeff Rupp. (4) Updated list of planning projects to be considered at upcoming Commission meetings, dated December 8, 2005. (5) Agenda for the School District NO.7 Board of Trustees meeting to be held at 7:00 p.m. on Monday, December 12, at the Willson School. (6) Agendas for the County Commission meetings to be held at 9:00 a.m. on Tuesday, December 13, and 1 :30 p.m. on Wednesday, December 14, at the Courthouse. (7) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Wednesday, December 14, at the Professional Building. (8) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Wednesday, December 14, at the Professional Building. (9) City Manager Kukulski announced that he will be in Michigan next week for the Christmas holiday and that Assistant City Manager Brey will be serving as the Acting City Manager. Adiournment - 1 :03 a.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Krauss, seconded by Commissioner Kirchhoff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Kirchhoff, Commissioner Hietala, Commissioner Youngman, and Mayor Cetraro; those voting No, none. 12-12-05 - 23- ATTEST: if~ ./ ~ ROBIN L. SULLIVAN City Clerk 12-12-05