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HomeMy WebLinkAbout2003-05-19 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA May 19, 2003 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, May 19, 2003, at 7:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner Marcia Youngman, Commissioner Lee Hietala, Commissioner Jarvis Brown, Commissioner Andrew Cetraro, City Manager Clark Johnson, Director of Public Service Debbie Arkell, Planning Director Andy Epple, Staff Attorney Paul Luwe and Deputy Clerk of the Commission Carolyn Wilmont. 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. 2000. and Aoril28 and May 12. 2003 Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, and April 28 and May 12,2003, to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Commission Resolution No. 3595 - authorizing City Manager to sign Community Deyelooment Block Grant application for public facilities monies for Reach. Inc.. and submittal of aoolication COMMISSION RESOLUTION NO. 3595 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING SUBMITTAL OF AN APPLICATION TO THE STATE OF MONTANA DEPARTMENT OF COMMERCE FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) MONIES. Authorize City Manaaer to sian - Annexation Aareement with Norman Beniamin - annexation of 2.1674 acres described as Tracts 1A and 2A. COS No. E-9-C (southeast corner of intersection of Kaay Boulevard and Sourdouah Road) Commission Resolution No. 3596 - annexing 2.1674 acres described as Tracts 1Aand 2A. COS No. E-9-C (southeast corner of intersection of Kagy Bouleyard and Sourdouah Road) COMMISSION RESOLUTION NO. 3596 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF A CERTAIN TRACT OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID TRACT. Ordinance No. 1597 - establishina an initial zonina desianation of "R-2." Residential-Single-familY. medium-density. on 2.1674 acres described as Tracts 1A and 2A. COS No. E-9-C (southeast corner of intersection of Kaav Boulevard and Sourdouah Road): orovisionallY adoot and brina back in two weeks for final adoption 05-19-03 - 2 - ORDINANCE NO. 1597 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP AND ESTABLISHING AN INITIAL MUNICIPAL ZONING DESIGNATION OF "R-2" (RESIDENTIAL SINGLE FAMIL V, MEDIUM DENSITY DISTRICT) ON 2.167 ACRES LOCATED IN THE NE% OF SECTION 19, T2S, R6E, PMM, GALLATIN COUNTY, MONTANA. Commission Resolution No. 3597 - authorize City Manaaer to sian Chanae Order No. 1 for 2002 Water Renovation Proiect - Chief Construction Specialities. Inc.. Billinas. Montana - add $52.218.50 and 5 calendar days COMMISSION RESOLUTION NO. 3597 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING AL TERA TION/MODIFICA TION OF CONTRACT WITH CHIEF CONSTRUCTION SPECIAL TIES, INC., BILLINGS, MONTANA. Authorize City Manager to sign - Contract AQreement with RAM Environmental. LLC. Bozeman. Montana - Phase I Enyironmental Site Assessment on 15-acre parcel located at 19 East Griffin Drive Claims It was moved by Commissioner Youngman, seconded by Commissioner Hietala, 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 Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Authorize City Manager to sign - Public Defenders Aareement Included in the Commissioners' packets was a copy of the lnterlocal Agreement between Gallatin County, the City of Bozeman and the City of Belgrade for a Public Defenders Office. Ms. Dorothy Bradley, District Court Administrator for the Eighteenth Judicial District, stated that the Criminal Justice Coordinating Council (CJCC), a ten member group selected from various components of the criminal justice system and chaired by Judge Salvagni, identified the creation of a public defenders office as one of its highest priorities for improving the effectiveness and efficiency of the criminal justice system. To that end, it appointed a task force to analyze caseloads, budgets and flaws in the present system; and this proposed agreement is the product of that task force. She noted that this joint effort involving two cities and a county is the first of its kind in the state. Ms. Bradley acknowledged that there are very good criminal defense lawyers in the present system; however, that system has not kept up with the huge demands of a growing community and does not have sufficient organizational structure to meet the need. Ms. Bradley identified four improvements that will result from establishing a public defenders office: 1) Simplification. Presently there are fourteen public defenders under individual contracts with the various courts; the new public defenders office will consist of a chief pUblic defender and four deputy public defenders, all to be located in a central area. It is anticipated that the space currently occupied by the Law Library at the Law and Justice Center will be remodeled for these offices. 2) Better coordination. It will be more efficient for one person from one office to follow the defendant as he moves throughout the court system. 3) Improved jail efficiency and determination of ability to pay for defense. Currently it is difficult for the pre-trial officer to match defendants with fourteen public defenders in various locations and to distribute information gathered during initial interviews. In addition, defendants are assigned a public defender on their word that they have zero ability to pay; the public defenders office would be better able to watch dog defendants to determine that ability. 4) Well-being of the system. It is inappropriate for the judges to make decisions on whether or not to approve additional funds for indigent defense, as is the case at the present time. 05-19-03 - 3 - Ms. Bradley stated that an administrative panel, comprised of the Bozeman City Manager, the Belgrade City Manager and the County Commissioner member of the CJCC, will hire the chief public defender and be charged with approval of the budget. She briefly reviewed the proposed budgets for Fiscal Years 2004 and 2005 and the proportion for which each entity will be responsible. She indicated that after the first two years of operation, the administrative panel, with input from the CJCC, will review the caseloads and allocations of time to ensure that those proportions are in line with services received. She emphasized that any of the three parties can terminate the agreement by providing proper written notice. Responding to Commissioner Hietala, Ms. Bradley stated that every day ofthe week except Sunday, it is the pre-trial officer's task to interview defendants to determine financial capabilities and in which court they are to appear. Streamlining the flow of information from the pre-trial officer to a centrally located public defenders office should help relieve pressure on the jail population. Responding to Commissioner Brown, Ms. Bradley noted that the County will cover the cost of remodeling for the new offices; and the FY04 District Court budget figure reflects the $50,000 cost of that project. It is proposed that the office will have a staff of seven consisting of the chief public defender, four deputy public defenders, an investigator/paralegal and an office manager/secretary. Ms. Bradley indicated that, hopefully, the administrative panel will choose the chief public defender by July 1, with that person to help in the selection of the remaining staff. Responding to Commissioner Brown, City Attorney Luwe stated that the City's proportion of the budget is relatively small since most of its cases are misdemeanors. He indicated that one of the first tasks of the chief public defender will be to develop a method of accounting for use of the public defenders by each entity so the proportions can be adjusted if necessary. Responding to Commissioner Hietala, City Attorney Luwe stated that the proposed FY04 proportion is approximately $3,500 more than was in the City's FY03 budget, and that amount may even be slightly less than what will actually be spent this fiscal year. Responding to Commissioner Cetraro, City Manager Johnson stated that this is a well-thought-out arrangement and should be far more effective for the City, at a cost in line with the amount budgeted for next year. He indicated that this will not affect the City's current staffing levels, noting that public defender duties are already outsourced. Staff in the public defenders office will be County employees, with the City contracting for services through this proposed agreement. He noted that this should help manage conflicts and provide greater efficiencies in the public defender system. It was moved by Commissioner Hietala, second by Commissioner Brown that the City Manager be authorized to sign the Interlocal Agreement for establishing a Public Defenders Office. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. Staff presentation re design options for North 19th Ayenue and Valley Center Road improvements Included in the Commissioners' packets was a memo from Project Engineer Susan Stodola, dated May 14, forwarding revised design options for the North 19th Avenue and Valley Center Road improvements. City Engineer Rick Hixson stated that the plan sheet included in the packets reflects changes made in concert with the Montana Departmentof Transportation (MDT) at a meeting two weeks ago. He reviewed both options, stating that Option 1 contains the elements of a typical road section in the Greater Bozeman Area Transportation Plan 2001 Update, including curb and gutter, raised center median, and a separate bike path. Advantages of the curb and gutter include protecting the edge of the road, thus reducing maintenance requirements; defining accesses and restricting unwanted accesses; and better separating the bike path from the roadway. Option 2, as suggested by the MDT, contains the same elements, except for paved shoulders instead of the curb and gutter. This option offers greater flexibility for making changes to the roadway in the future and is somewhat less costly. He pointed out, however, that MDT design standards require more paved shoulder without curb and gutter; and the cost of constructing 6 feet of shoulder with its full depth of base courses is comparable to curb and gutter at $11 per lineal foot. He stated that although the Transportation Plan calls for curb and gutter on principal arterials, staff feels either option will meet community needs. 05-19-03 -4- Responding to Commissioner Hietala's concerns about the rapid increase in the project's cost, City Engineer Hixson stated that MDT's original $2.7 million estimate, done in the very early stages, included only basic construction costs. He noted that the estimates in the packet materials include approximately $750,000 in engineering costs for design and construction inspection; $600,000 for contingencies; and approximately $600,000 for costs associated with creation of an SID. Further responding to Commissioner Hietala, the City Engineer stated that there has been discussion about using impact fees to fund the project; however, that is questionable considering pending litigation over those fees. He noted that this was set up as an SID project, and it appears that it will meet the legal requirements for creating an SID. City Engineer Hixson indicated that a cost saving of $364,000 could be realized by replacing the raised median on North 19th Avenue with painted lines on the pavement, but he expressed concern with the safety factor of doing that on Valley Center Road in light of the number and close proximity of accesses. He stated that the width of the pavement has been reduced to the greatest extent possible, noting that the width of the driving lane on the curb and gutter design was actually increased per MDT's concerns that commuter bikes need room on the pavement. Commissioner Youngman asked whether the median on North 19th Avenue would be landscaped, stating it would serve to calm traffic while improving the look of the entryway. She indicated she would rather see the median eliminated on Valley Center Road than on North 19th Avenue since it is an entryway, but she acknowledged that safety is a consideration in that decision. The City Engineer responded that Director of Public Service Debbie Arkell is a strong advocate of landscaped medians, and the plan is to landscape and irrigate those wider than 4 to 6 feet. He stated that a raised median on Valley Center Road would provide the safety of turn bays and refuge for vehicles waiting to make turns, in addition to being more visible during snowy winter conditions. Responding to Commissioner Brown, City Engineer Hixson stated that curb and gutter could be installed at some point in the future if necessary; however, the paved shoulder would serve well for quite some time. Further responding to Commissioner Brown, the City Engineer confirmed that there are a few county parcels on Valley Center Road; and the method the SID will use to make up for those parcels has not yet been determined. He stated there are ways to surcharge, but it applies only to those immediately adjacent to the roadway and will not be done in this case. He noted that creating an RID is a difficult process, and it is easy to protest out of that type of district. Responding to Commissioner Hietala's question about available State funding, City Engineer Hixson noted the City is already borrowing from urban funds for improvements to South 19th Avenue next summer. In addition, the State is included in the SID for the rest area and has indicated it will provide necessary signal equipment. Commissioner Brown indicated support for Option 2 with the paved shoulder since it offers more flexibility as demands change. Commissioner Cetraro concurred, noting it is also less costly. Commissioners Hietala and Youngman also indicted their support for that option. It was moved by Commissioner Brown, seconded by Commissioner Cetraro that design Option 2, with a paved shoulder rather than curb and gutter, be approved for the improvements to North 19th Avenue and Valley Center Road. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Commissioner Hietala; those voting No being Mayor Kirchhoff. Public hearing - preliminary Dlat for Alder Creek Subdivision. Phases I-V - subdivide 74.256 acres located in the SE% and the SW% of Section 24. T2S. R5E. MPM. into 251 residential lots. includina 153 sinale-household lots and a zonina Dlanned unitdeveloDment containina 62 sinale-household lots and 36 two-household lots - C&H Enaineerina and SurveYina. Inc.. for Mahar Montana Homes 05-19-03 - 5 - (alona west side of South Third Avenue. between Allison Subdivision. Phase II. and Sacaiawea Middle School) (P-03010) This was the time and place set for the public hearing on the preliminary plat for Alder Creek Subdivision, Phases I-V, as requested by C&H Engineering and Surveying, Inc., for Mahar Montana Homes under Application No. P-03010, to subdivide 74.256 acres located in the Southeast one-quarter and the Southwest one-quarter of Section 24, Township 2 South, Range 5 East, Montana Principal Meridian, into 251 residential lots, including 153 single-household lots and a zoning planned unit development containing 62 single-household lots and 36 two-household lots. The subject property lies along the west side of South Third Avenue between Allison Subdivision, Phase II, and Sacajawea Middle School. Included in the Commissioners' packets was a letter to the Planning office from the Bozeman Area Bicycle Advisory Board forwarding comment and direction for on-street bike lanes along South 3rd Avenue and for boulevard trails along South 11 th Avenue in conjunction with this project. Mayor Kirchhoff opened the public hearing. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the public hearing be continued to June 2, to allow for proper noticing of the public hearing and to give the City Planning Board an opportunity to review the application and forward a recommendation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No, none. Public hearing - Conditional Use Permit for Planned Unit Develooment - Alder Creek - C&H Enaineerina and Surveying. Inc.. for Mahar Montana Homes - allow construction of 62 detached sinale-family dwelling units and 36 attached single-household units in Alder Creek Subdivision. located in the SE% and the SW% of Section 24. T2S. R5E. MPM. with relaxations from Section 18.20.030. Bozeman Municioal Code. to reduce the lot area to less than 7 .000 sauare feet and reduce the lot width to less than 70 feet. and from Section 18.20.040. to increase the lot coverage to more than 40 percent for Drincioal and accessorv structures (alona west side of South Third Avenue. between Allison SubdiYision. Phase II. and Sacajawea Middle School) (Z-03057) This was the time and place set for the public hearing on the Conditional Use Permit for the Alder Creek Planned Unit Development, requested by C&H Engineering and Surveying, Inc., for Mahar Montana Homes under Application No. Z-03057, to allow the construction of 62 detached single-family dwelling units and 36 attached single-household units in Alder Creek Subdivision, located in the Southeast one-quarter and the Southwest one-quarter of Section 24, Township 2 South, Range 5 East, Montana Principal Meridian, with relaxations from Section 18.20.030 of the Bozeman Municipal Code, to reduce the lot area to less than 7,000 square feet and reduce the lot width to less than 70 feet, and from Section 18.20.040, to increase the lot coverage to more than 40 percent for principal and accessory structures. The subject property lies along the west side of South Third Avenue between Allison Subdivision, Phase II, and Sacajawea Middle School. Mayor Kirchhoff opened the public hearing. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the public hearing be continued to June 2, to allow for proper noticing of the public hearing. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala. Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Continued Dublic hearing - Minor Site Plan with Certificate of ADDroDriateness - allow construction of 8.835-sauare-foot expansion to existina warehouse on Lots 1-3. Tract 8. Gardiner-Simmental Plaza. with deviation from Section 18.54.110. Bozeman Municioal Code. to allow a setback of 33 feet instead of reauired 50 feet for North 19th AyenuelWest Oak Street greenway corridor - Prugh & Lenon for SKA. Inc. (Anderson Precast. 5851 East Baxter Lane) (Z-03050) This was the time and place set for the continued public hearing on the Minor Site Plan with Certificate of Appropriateness requested by Prugh and Lenon for SKA, Inc., under Application No. Z-03050, to allow the construction of an 8,835-square-foot expansion to the existing warehouse located on Lots 1 through 3, Tract 8, Gardiner-Simmental Plaza, with a deviation from Section 18.54.110 of the Bozeman 05-19-03 - 6- Municipal Code to allow a setback of 33 feet instead of the required 50 feet from the North 19th Avenue/West Oak Street greenway corridor. The sUbject property is located at 5851 East Baxter Lane and is the location of Anderson Precast. Mayor Kirchhoff reopened the continued public hearing. Urban Designer Candace Honatke briefly reviewed the proposal for an addition to the Anderson Precast building on Baxter Lane near North 19th Avenue with new parking spaces for employees in front of the building on the south side of the existing fenceline and site improvements, including an asphalt path for pedestrians along North 19th Avenue. She reminded the Commission that this item was continued from the May 5 meeting to allow time for resolution of issues related to the recommended conditions of approval, specifically Condition Nos. 35, 36 and 37. She indicated that staff has had no discussion with the applicant since that time, and nothing new has been submitted. Responding to Mayor Kirchhoff, Urban Designer Honatke stated that the applicant objects to signing the waiver of right to protest creation of SIDs for improvements to both North 19th Avenue and Baxter Lane, as required by Condition No. 35. He also objects to granting the public utility easement for Baxter Lane, as required by Condition No. 36, which would either bump the proposed parking lot back 15 feet or require relocation elsewhere on the site. She noted that the applicant is attempting to provide parking spaces at the front of the site to free up yard space where employees currently park. Responding to Commissioner Cetraro, Urban Designer Honatke stated that the architect's design of the addition depicts facade treatments on the west to match the existing building; however, modifications to the north side are necessary to comply with Design Objectives Plan recommendations for entryway corridors. The condition addressing that suggests a treatment similar to the west facade; however, she noted that something as simple as articulation in paint or siding would meet the condition. Mr. Steve Anderson, applicant stated that his position is the same as two weeks ago; the 37 conditions added to a fairly minor addition have more than doubled the cost, and he cannot afford to do the expansion if all those conditions are imposed. He requested that the last three conditions be removed. noting that construction of 550 feet of sidewalk along Baxter Lane will require extensive fill, and there is no pedestrian traffic to justify it at this time. Engineering staff also indicated that the exact cross-section for Baxter Lane is unknown, raising the possibility that sidewalk installed now will have to be removed and reconstructed in conjunction with improvements to that street. He noted that Commissioners Cetraro and Hietala had visited the site and discussed with him the possibility of signing an agreement to install the sidewalk at a later date, and he stated his willingness to do so. He indicated that providing the 15-foot by 550-foot public access easement for Baxter would be very expensive for him. He voiced his strong objection to signing waivers of right to protest the SIDs, noting those improvements do not benefit him anymore than anyone else in Bozeman; he has no choice about being included in the districts; and his specific cost is unknown. Responding to Mayor Kirchhoff's question about possible modification of the parking lot design, Mr. Anderson stated that there is space for the lot as proposed. However, if a 15-foot strip is given to the City for the easement and a 20-foot setback from the easement is required, the parking lot will be pushed back to where it is right now. He stated that he hopes to continue to grow in this location, using the current parking area for storage of production items and inventory. Mayor Kirchhoff noted that the conditions are fairly standard regardless of the geographical location, as are the setbacks in the entryway corridor. He pointed out that the Chamber of Commerce went through similar siting design, giving up property for the right-of-way and providing the asphalt trail. He further noted that although some of the conditions are unique to the North 19th Avenue corridor, they are consistent for every property on that corridor. Mr. Anderson acknowledged that many of the conditions are standard procedure; and he is willing to provide the required trail, landscaping and windows. He stressed, however, that every one of those 37 conditions has a cost attached to it, adding up to thousands of dollars. He pointed out that 10 years ago when he moved his business out of town, he built in what was then a cow pasture; and his business doesn't need the high traffic volume that benefits other businesses in the area. He reiterated his objection to signing the waivers of right to protest the SIDs, stating he feels he should have a vote on issues that affect the neighborhood's future. 05-19-03 - 7 - Responding to Commissioner Hietala, Mr. Anderson stated that the parking lot as proposed would provide diagonal parking along the fenceline and would be similar in appearance to that at Darigold. He reiterated that there is sufficient space in that location, but not if the easement for Baxter Lane is required. He indicated that the building expansion would allow him to eventually increase production capacity by 40 percent, requiring more yard area to put the product out and further supporting parking along the fenceline. No one spoke in opposition to the proposed expansion. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. Commissioner Cetraro stated he would like to see Conditions 35 and 36 waived and Condition 37 modified to allow the sidewalk to be constructed when Baxter Lane is improved, noting he also hoped staff would work with the applicant on design features to make them less cost prohibitive. Commissioner Hietala noted this is a local business paying good wages and stated support for allowing the applicant to meet the demands for Baxter Lane at a later date. Commissioner Brown stated support for modifying Condition No. 37 to delay construction of the sidewalk until Baxter Lane is improved, but he emphasized that the costs of improving the roads don't go away. Planning Director Andy Epple stated that if the public access easement is required, the parking lot would need to be reconfigured by virtue of being pushed 15 feet to the north. He indicated that staff thought the lot could be relocated further east on the property; however, Mr. Anderson is not receptive to that idea. He further stated that if the easement is not granted in conjunction with the expansion, the City will end up buying the right-of-way at some point in the future. He noted that although Mr. Anderson considers this a small project, staff considers it to be a significant industrial development that will increase the demand for transportation and services. Planning Director Epple then addressed the condition for waiver of right to protest creation of SIDs, noting it is a standard condition required to build in the City. If it is not required, it allows one more property owner to protest the SIDs, pOSSibly tipping the balance and preventing the projects from being done. City Engineer Rick Hixson indicated that the SID for North 19th Avenue will proceed regardless of this waiver; however, the percentage of waivers for Baxter Lane is unknown, and the loss of this one could be significant for future improvements to the street. Commissioner Youngman voiced support for the expansion; however, she stressed that eliminating Condition Nos. 35 and 36 would make it too difficult to get improvements in the future and would create discussion of every condition on every development from now on. She stated her support for the modification of Condition 37, but not requiring the easement for Baxter and approving construction of the parking lot on the right-of-way would set a bad precedent. Responding to Commissioner Hietala, Planning Director Epple stated that if the easement is required, the applicant could apply for a variance to construct the parking lot in the setback. He noted that setbacks are measured from the public access whether the right-of-way is there or not. Commissioner Brown acknowledged Mr. Anderson's concerns about recouping his costs for this expansion; however, he noted that the property's value has increased drastically as a result of North 19th Avenue running next to it. He also noted that Mr. Anderson owns property to the east, giving him some flexibility and options. He concurred with Commissioner Youngman in not supporting elimination of Conditions 35 and 36. It was moved by Commissioner Hietala, seconded by Commissioner Cetraro, that the Minor Site Plan with Certificate of Appropriateness requested by Prugh and Lenon for SKA, Inc., under Application No. Z-03050, to allow the construction of an 8,835-square-foot expansion to the existing warehouse located on Lots 1 through 3, Tract 8, Gardiner -Simmental Plaza, with a deviation from Section 18.54.110 of the Bozeman Municipal Code to allow a setback of 33 feet instead of the required 50 feet from the North 19th Avenue/West Oak Street greenway corridor, be approved subject to the following conditions: 05-19-03 - 8- 1. This project is located within a Class II entryway corridor. As such, it shall conform to the "Design Objectives Plan" as adopted by the City Commission on March 9, 1992. Entryway corridors should exhibit enhanced landscaping, screening of parking, and preservation of surrounding character and views. 2. The north facade of the proposed addition is viewable from the North 19th Avenue entryway corridor. As such, it should feature a more articulated and human scaled facade treatment, as outlined in the "Design Objectives Plan." This document outlines recommendations for entryway corridors, including massing, offsets, and fenestration treatments. These recommendations are applied on more of a "sliding scale" method, where the greater the proposal is in scale, the greater the applications of these recommendations are instituted. 3. The final site plan submittal shall include a color rendering or a materials and color palette to confirm the overall building scheme, as proposed, in order to verify compatibility with architectural treatment requirements of the entryway corridor. If the design of the exterior does not change during the development of the final site plan drawing package, the applicant may use the renderings submitted at the time of original application. 4. An eight (8) foot pedestrian trail shall be installed in the 50-foot greenway corridor along North 19th Avenue. The Montana Department of Transportation has been consulted as to the viability of placing the path within the right-of-way. It is permissible to place the eight (8) foot asphalt path in the North 19th Avenue right-of- way. The construction of this trail shall be financially guaranteed. 5. The North 19th Avenue 50-foot greenway corridor shall be landscaped and improVed as outlined in Section 18.54.110 of the Bozeman Municipal Code. This requirement calls for two (2) additional small ornamental trees (eight feet in height) and six (6) large shrubs, a mixture of deciduous and evergreen, of which at least 50 percent flower. The final site plan shall illustrate these additions. 6. The proposed parking lot is adjacent to a public street and therefore shall be screened using plant material that will reach six (6) feet in height at maturity. The plantings shall be in groupings that measure at least eight (8) feet in length. Should the proposed parking lot be relocated behind the existing fence due to easement constraints along Baxter Lane, the existing hedge, if retained, will meet this requirement. The cotoneaster hedge along the western fence line on the property is a good example of the type of screening applicable in this situation. 7. The applicant is proposing 23 regular parking spaces in addition to the twelve (12) regular and one (1) handicap parking spaces that currently exist. The Bozeman Municipal Code requires that the applicant provide 38 regular parking spaces on site and two (2) handicap accessible parking spaces. At least one of the handicap accessible parking spaces shall be van accessible. 8. All areas intended for permanent parking and ingress/egress shall be paved with concrete or asphalt and be marked with painted lines. 9. The landscape plan shall indicate that all trees, shrubs and lawn will be irrigated by means of an automatic irrigation system. 10. The architectural elevations drawings do not indicate any roof-top mechanical equipment for this development. Should these types of equipment be needed for the building development, applicant will need to verify on the final site plan on the exterior elevations that all mechanical roof-top equipment will be properly screened for the North 19th Avenue entryway corridor. 11. Curbing within parking lot shall be 6-inch concrete curbing, adjacent to planting beds and pedestrian areas. A detail of this shall be illustrated on the final site plan submittal. 05-19-03 - 9- 12. A Certificate of Appropriateness shall be issued to applicant at which time a final site plan has been approved by the Planning Director. The Certificate of Appropriateness is valid for one year from date of issuance. 13. That the owner shall enter into an "Improvements Agreement" with the City to guarantee the installation of required on-site improvements, such as landscaping and seating areas, at the time of final site plan submittal. In addition, if improvements have not been completed at applicant's request for occupancy, the applicant shall submit a Letter of Credit. Detailed cost estimates, construction plans and methods of security shall be made a part of that agreement. Improvements, with the exception of the eight (8) foot asphalt pedestrian path (see Condition No. 14), must be installed within nine months of occupancy. 14. That the owner shall enter into an "Improvements Agreement" with the City to guarantee the installation of an eight (8) foot asphalt path along North 19th Avenue. The construction of this trail may be postponed until the redevelopment of North 19th Avenue takes place. 15. Necessary sign permits shall be obtained as required by the Bozeman Municipal Code through Vicki Hasler, Code Enforcement Officer at the Department of Planning and Community Development, 20 East Olive Street, prior to the installation of any new signage. 16. The applicant must submit seven (7) copies of a final site plan within six months of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the City Commission. 17. Landscape plans shall be prepared by a qualified person such as a registered Montana landscape architect; an individual with a degree in landscape architecture and two years of professional design experience; or an individual with a degree in a related field (such as horticulture, botany, plant science, etc.) and at least five years of professional design experience per Section 18.49.040.C.3. 18. All canopy trees shall be planted at least four feet from paved surfaces and parking areas per Section 18.49.060 of the Bozeman Municipal Code. 19. According to Section 18.50.035.A, Bozeman Municipal Code, lighting plan shall incorporate deflection of light downward and away from existing properties. All existing and proposed light fixtures and lamps must be designed within the code requirements. Applicant shall submit manufacturer cut sheets with the final site plan package. 20. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness application. Any modifications to the submitted and approved drawings shall invalidate the project's approval unless the applicant submits the proposed modifications for review and approval by the Planning Office prior to undertaking said modifications, as required by Section 18.62.040 of the Bozeman Municipal Code. 21. According to 18.50.11 0.F.3 of the Bozeman Municipal Code, applicant shall provide one additional handicap accessible parking space near the entrance to the building. At least one of the two required handicap accessible parking spaces shall be van accessible. In addition, these spaces shall be designated as reserved for the disabled by a vertical sign located no further than five (5) feet from the front of each space. Applicant shall submit a detail of this signage with the final site plan submittal package. 22. According to Section 18.54.11 0.F.1.b (6) of the Bozeman Municipal Code, areas designated for detention or retention ponds for stormwater runoff and management shall not be permitted in the 50-foot greenway corridor along North 19th Avenue unless all of the requirements of this section are met. The applicant shall redesign 05-19-03 -10- stormwater detention pond on the north side of the site to conform to these requirements. 23. The landscape plan (Sheet L 1) indicates that large canopy trees will have a height of 8 feet at time of installation. According to Section 18.18.49.060.G.3.a of the Bozeman Municipal Code, all large canopy trees shall have a minimum caliper of 1 ~ inches to 2 inches or be 10 feet in height at the time of installation. The plant table on Sheet L 1 of the drawing set shall be revised to show this requirement. 24. The ingress and egress drive for the proposed employee parking lot shall be at least 20 feet in width. The Planning staff recommends that the applicant redesign the employee parking lot so that the spaces are located on the north side of the drive access. This alternative would allow the applicant to better meet setbacks required from the 15-foot easement established for the right of way for Baxter Lane. (See Condition No. 36) 25. The Forestry Department recommends that the proposed canopy trees along Baxter Lane, which appear to be planted on top of existing utility lines, shall be replaced with groupings of medium height shrubs, in order to screen the parking lot from the public road and protect the underlying utilities. Applicant shall have a utility locate done prior to planting. 26. The final site plan shall be adequately dimensioned. A complete legend of all line types used shall also be provided. 27. A Stormwater DrainagelTreatment Grading Plan for a system designed to remove solids, silt, oils, grease, and other pollutants has been provided to the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations), stormwater detention/retention basin details (including basin sizing and discharge calculations, and discharge structure details), stormwater discharge destination, and a stormwater maintenance plan. Detailed review of the final grading and drainage plan and approval by the City Engineer will be required for final site plan approval. 28. Plans and specifications for any fire service line must be prepared in accordance . with the City's Fire Service Line Policy by a Professional Engineer (PE), and be provided to and approved by the City Engineer prior to initiation of construction of the fire service line or fire protection system. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. 29. The location of existing water and sewer mains shall be properly depicted, as well as nearby fire hydrants. Proposed main extensions shall be labeled "proposed." 30. Typical curb details (Le., raised and/or drop curbs) and typical asphalt paving section details shall be provided to and approved by the City Engineer. Concrete curbing shall be provided around the entire new parking lot perimeter and adequately identified on the final site plan. 31. The Montana Department of Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (Le., 310, 404, turbidity exemption, etc.) shall be obtained prior to final site plan approval. 32. All existing utility and other easements must be shown on the final site plan. 33. Adequate snow storage area must be designated outside the sight triangles, but on the subject property (unless a snow storage easement is obtained for a location off the property and filed with the County Clerk and Recorder's office). 05-19-03 - 11 - 34. Drive approach sight triangles shall be free of plantings which at mature growth will obscure vision within the sight triangle. 35. The applicant is advised that a sidewalk shall be provided along Baxter Lane at the time Baxter Lane improvements are to be constructed. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Hietala and Commissioner Cetraro; those voting No being Commissioner Brown, Commissioner Youngman and Mayor Kirchhoff. It was moved by Commissioner Brown, seconded by Commissioner Youngman, that the Minor Site Plan with Certificate of Appropriateness requested by Prugh and Lenon for SKA, Inc., under Application No. 2-03050, to allow the construction of an 8,835-square-foot expansion to the existing warehouse located on Lots 1 through 3, Tract 8, Gardiner-Simmental Plaza, with a deviation from Section 18.54.110 of the Bozeman Municipal Code to allow a setback of 33 feet instead of the required 50 feet from the North 19th Avenue/West Oak Street greenway corridor, be approved subject to the following conditions: 1. This project is located within a Class II entryway corridor. As such, it shall conform to the "Design Objectives Plan" as adopted by the City Commission on March 9, 1992. Entryway corridors should exhibit enhanced landscaping, screening of parking, and preservation of surrounding character and views. 2. The north facade of the proposed addition is viewable from the North 19th Avenue entryway corridor. As such, it should feature a more articulated and human scaled facade treatment, as outlined in the "Design Objectives Plan." This document outlines recommendations for entryway corridors, including massing, offsets, and fenestration treatments. These recommendations are applied on more of a "sliding scale" method, where the greater the proposal is in scale, the greater the applications of these recommendations are instituted. 3. The final site plan submittal shall include a color rendering or a materials and color palette to confirm the overall building scheme, as proposed, in order to verify compatibility with architectural treatment requirements of the entryway corridor. If the design of the exterior does not change during the development of the final site plan drawing package, the applicant may use the renderings submitted at the time of original application. 4. An eight (8) foot pedestrian trail shall be installed in the 50-foot greenway corridor along North 19th Avenue. The Montana Department of Transportation has been consulted as to the viability of placing the path within the right-of-way. It is permissible to place the eight (8) foot asphalt path in the North 19th Avenue right- of-way. The construction of this trail shall be financially guaranteed. 5. The North 19th Avenue 50-foot greenway corridor shall be landscaped and improved as outlined in Section 18.54.110 of the Bozeman Municipal Code. This requirement calls for two (2) additional small ornamental trees (eight feet in height) and six (6) large shrubs, a mixture of deciduous and evergreen, of which at least 50 percent flower. The final site plan shall illustrate these additions. 6. The proposed parking lot is adjacent to a public street and therefore shall be screened using plant material that will reach six (6) feet in height at maturity. The plantings shall be in groupings that measure at least eight (8) feet in length. Should the proposed parking lot be relocated behind the existing fence due to easement constraints along Baxter Lane, the existing hedge, if retained, will meet this requirement. The cotoneaster hedge along the western fence line on the property is a good example of the type of screening applicable in this situation. 7. The applicant is proposing 23 regular parking spaces in addition to the twelve (12) regular and one (1) handicap parking spaces that currently exist. The Bozeman Municipal Code requires that the applicant provide 38 regular parking 05-19-03 - 12 - spaces on site and two (2) handicap accessible parking spaces. At least one of the handicap accessible parking spaces shall be van accessible. 8. All areas intended for permanent parking and ingress/egress shall be paved with concrete or asphalt and be marked with painted lines. 9. The landscape plan shall indicate that all trees, shrubs and lawn will be irrigated by means of an automatic irrigation system. 10. The architectural elevations drawings do not indicate any roof-top mechanical equipment for this development. Should these types of equipment be needed for the building development, applicant will need to verify on the final site plan on the exterior elevations that all mechanical roof-top equipment will be properly screened for the North 19th Avenue entryway corridor. 11. Curbing within parking lot shall be 6-inch concrete curbing, adjacent to planting beds and pedestrian areas. A detail of this shall be illustrated on the final site plan submittal. 12. A Certificate of Appropriateness shall be issued to applicant at which time a final site plan has been approved by the Planning Director. The Certificate of Appropriateness is valid for one year from date of issuance. 13. That the owner shall enter into an "Improvements Agreement" with the City to guarantee the installation of required on-site improvements, such as landscaping and seating areas, at the time of final site plan submittal. In addition, if improvements have not been completed at applicant's request for occupancy, the applicant shall submit a Letter of Credit. Detailed cost estimates, construction plans and methods of security shall be made a part of that agreement. Improvements, with the exception of the eight (8) foot asphalt pedestrian path (see Condition No. 14), must be installed within nine months of occupancy. 14. That the own~r shall enter into an "Improvements Agreement" with the City to guarantee the installation of an eight (8) foot asphalt path along North 19th Avenue. The construction of this trail may be postponed until the redevelopment of North 19th Avenue takes place. 15. Necessary sign permits shall be obtained as required by the Bozeman Municipal Code through Vicki Hasler, Code Enforcement Officer at the Department of Planning and Community Development, 20 East Olive Street, prior to the installation of any new signage. 16. The applicant must submit seven (7) copies of a final site plan within six months of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the City Commission. 17. Landscape plans shall be prepared by a qualified person such as a registered Montana landscape architect; an individual with a degree in landscape architecture and two years of professional design experience; or an individual with a degree in a related field (such as horticulture, botany, plant science, etc.) and at least five years of professional design experience per Section 18.49.040.C.3. 18. All canopy trees shall be planted at least four feet from paved surfaces and parking areas per Section 18.49.060 of the Bozeman Municipal Code. 19. According to Section 18.50.035.A, Bozeman Municipal Code, lighting plan shall incorporate deflection of light downward and away from existing properties. All existing and proposed light fixtures and lamps must be designed within the code requirements. Applicant shall submit manufacturer cut sheets with the final site plan package. 05-19-03 ----------- - 13 - 20. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness application. Any modifications to the submitted and approved drawings shall invalidate the project's approval unless the applicant submits the proposed modifications for review and approval by the Planning Office prior to undertaking said modifications, as required by Section 18.62.040 of the Bozeman Municipal Code. 21. According to 18.50.110.F,3 of the Bozeman Municipal Code, applicant shall provide one additional handicap accessible parking space near the entrance to the building. At least one of the two required handicap accessible parking spaces shall be van accessible. In addition, these spaces shall be designated as reserved for the disabled by a vertical sign located no further than five (5) feet from the front of each space. Applicant shall submit a detail of this signage with the final site plan submittal package. 22. According to Section 18.54.11 0.F.1.b (6) of the Bozeman Municipal Code, areas designated for detention or retention ponds for stormwater runoff and management shall not be permitted in the 50-foot greenway corridor along North 19th Avenue unless all of the requirements of this section are met. The applicant shall redesign stormwater detention pond on the north side of the site to conform to these requirements. 23. The landscape plan (Sheet L 1) indicates that large canopy trees will have a height of 8 feet at time of installation. According to Section 18.18.49.060.G.3.a of the Bozeman Municipal Code, all large canopy trees shall have a minimum caliper of 1 ~ inches to 2 inches or be 10 feet in height at the time of installation. The plant table on Sheet L 1 of the drawing set shall be revised to show this requirement. 24. The ingress and egress drive for the proposed employee parking lot shall be at least 20 feet in width. The Planning staff recommends that the applicant redesign the employee parking lot so that the spaces are located on the north side of the drive access. This alternative would allow the applicant to better meet setbacks required from the 15-foot easement established for the right of way for Baxter Lane. (See Condition No. 36) 25. The Forestry Department recommends that the proposed canopy trees along Baxter Lane, which appear to be planted on top of existing utility lines, shall be replaced with groupings of medium height shrubs, in order to screen the parking lot from the public road and protect the underlying utilities. Applicant shall have a utility locate done prior to planting. 26. The final site plan shall be adequately dimensioned. A complete legend of all line types used shall also be provided. 27. A Stormwater Drainage/Treatment Grading Plan for a system designed to remove solids, silt, oils, grease, and other pollutants has been provided to the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations), stormwater detention/retention basin details (including basin sizing and discharge calculations, and discharge structure details), stormwater discharge destination, and a stormwater maintenance plan. Detailed review of the final grading and drainage plan and approval by the City Engineer will be required for final site plan approval. 28. Plans and specifications for any fire service line must be prepared in accordance with the City's Fire Service Line Policy by a Professional Engineer (PE), and be provided to and approved by the City Engineer prior to initiation of construction of the fire service line or fire protection system. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. 05-19-03 -14- 29. The location of existing water and sewer mains shall be properly depicted, as well as nearby fire hydrants. Proposed main extensions shall be labeled "proposed ." 30. Typical curb details (i.e., raised and/or drop curbs) and typical asphalt paving section details shall be provided to and approved by the City Engineer. Concrete curbing shall be provided around the entire new parking lot perimeter and adequately identified on the final site plan. 31. The Montana Department of Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (i.e., 310,404, turbidity exemption, etc.) shall be obtained prior to final site plan approval. 32. All existing utility and other easements must be shown on the final site plan. 33. Adequate snow storage area must be designated outside the sight triangles, but on the subject property (unless a snow storage easement is obtained for a location off the property and filed with the County Clerk and Recorder's office). 34. Drive approach sight triangles shall be free of plantings which at mature growth will obscure vision within the sight triangle. 35. Unless currently filed with the property, the applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of SIDs for street improvements to North 19th Avenue and Baxter Lane including paving, curb/gutter, sidewalk, and storm drainage. Prior to final site plan approval, provide evidence the executed Waivers of Right to Protest Creation of SIDs have been filed with the County Clerk and Recorder's office. 36. The applicant is advised that Baxter Lane is a collector as shown in the Greater Bozeman Area Transportation Plan 2001 Update, and a 15-foot public street and utility easement will be required for Baxter Lane. 37. The applicant is advised that a sidewalk shall be provided along Baxter Lane at the time Baxter Lane improvements are to be constructed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Youngman and Mayor Kirchhoff; those voting No being Commissioner Cetraro and Commissioner Hietala. Break - 7:34 to 7:45 O.m. Mayor Kirchhoff declared a break from 7:34 p.m. to 7:45 p.m., in accordance with Commission policy. Public hearina - Zone Code Amendment - add. delete and revise definitions relating to telecommunications facilities: modify reauirements to clarify reauirements for submittal of aODlications. specify additional submittal reauirements. revise review Drocedures and standards: and add new standards and reauirements for mitigation of impacts for telecommunications facilities (Z-02212) This was the time and place set for the public hearing on the Zone Code Amendment initiated by the City Commission under Application No. Z-02212, to add, delete and revise definitions relating to telecommunications facilities; modify requirements to clarify requirements for submittal of applications, specify additional submittal requirements, revise review procedures and standards; and add new standards and requirements for mitigation of impacts for telecommunications facilities. MaYQr Kirchhoff opened the public hearing. 05-19-03 - 15 - Associate Planner Chris Saunders presented the staff report. reminding the Commission that it had requested additional input following initial review six months ago. He stated that the draft now before the Commission reflects changes made as a result of meetings with industry representatives and legal opinions from outside consulting sources. He indicated that the changes were significant enough to be brought back to the Zoning Commission for further consideration, and it has forwarded a recommendation for approval. He noted that staff has reviewed this application in light of applicable criteria in State statute and forwarded its recommendation for approval. The Associate Planner noted that a letter from T Mobile USA, Inc., distributed prior to the meeting, was received after the packets were assembled. Based on initial review of that letter, staff is not recommending any changes; however, staff will continue to review concerns expressed and, if necessary, make recommendations for changes prior to bringing the formal ordinance back for approval. Responding to Commissioner Hietala, Associate Planner Saunders stated that many of the comments in T Mobile's letter were premised on the assumption that the ordinance intends to supplant FCC regulations, which it does not. Other comments reflect that they either misunderstand the ordinance or have not taken the time to review the existing ordinance, and that they have not been to Bozeman to evaluate the communications system. He indicated, however, that comments related to market lease rates may have some significance; and staff will further consider that subsection after seeking additional input from the consultant. He noted that in drafting these revisions, staff has been cautious to ensure that there is no bias for anyone player. He emphasized that all carriers will be under the same regulations with the same constraints, thereby ensuring a level playing field for all. Responding to Commissioner Brown, the Associate Planner stated that although FCC rules are in a constant state of flux, most of those changes would likely not have any effect on the amendment since they relate largely to licensing issues. He indicated that ground rules for the ordinance are set by Federal statute, so the ordinance should be fairly stable unless Congress changes the laws. Associate Planner Saunders briefly reviewed the changes in the draft document, including substantial reorganization ofthe submittal requirements section; consolidation of standards into one section; addition of criteria related to elevation to avoid a "blinking light ridge" on the prominent ridge running north/south through town; and modifications relating to tower heights, leasing and staging of construction. No one spoke in opposition to this proposed zone code amendment. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the Zone Code Amendment initiated by the City Commission under Application No. Z-02212, to add, delete and revise definitions relating to telecommunications facilities; modify requirements to clarify requirements for submittal of applications. specify additional submittal requirements, revise review procedures and standards; and add new standards and requirements for mitigation of impacts for telecommunications facilities, be approved and that staff be directed to bring back an ordinance enacting the amendment. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No, none. Continued review of Burke Park master olan Distributed just prior to the meeting were an e-mail memo from Planning Director Andy Epple forwarding a proposed modification of language in the draft Burke Park master plan as submitted by Bozeman Deaconess Health Services and a memo from the Recreation and Parks Advisory Board requesting that it included in any discussions with the Hospital on future use and development of Hospital land near Burke Park. Mayor Kirchhoff noted that at the April 28 meeting, there was discussion about some of the language in the master plan and questioned whether the language submitted by Deaconess Health Services has been reviewed by the appropriate staff, advisory boards and other parties involved in drafting the master plan. 05-19-03 - 16 - Superintendent of Facilities and Lands James Goehrung responded that he had been in contact with some members of the Recreation and Parks Advisory Board; however, he had been unable to reach Kate Gardner who had been instrumental in finishing the draft document. Planning Director Andy Epple indicated that Deaconess Health Services had taken issue with paragraphs 2 and 4 on page 13 of the draft plan and submitted in the memo a single paragraph to replace those paragraphs. He noted that they have also proposed amending Condition 21 of the Medical Office Building CUP, which pertains to development of their lands near Burke Park; however, that matter will be dealt with at a later date. Commissioner Brown stated support for the language submitted by Deaconess Health Services, noting that he felt the previous language with reference to Condition 21 did not belong in the master plan. Mayor Kirchhoff opened this item to public comment. Ms. Connie Staudohar, 820 Bald Eagle Drive, stated that the whole idea behind Burke Park was that of a sanctuary with a pedestrian, non-motorized trail for enjoyment of the landscape. She voiced strongly that a parking lot on the Harrision Street right-of-way not only impedes the view from the trail but exposes a fragile area to foot and dog traffic. She noted that the access from Aspen Pointe is a viable alternative with the handicapped parking spaces and connector trail enhanced by the addition of bird boxes, flowers and aspens by Sacajawea Middle School 7th graders. She asked that the Commission adopt Option B for handicapped access from Aspen Pointe at Hillcrest with continuing negotiations for a permanent easement agreement for the two parking spaces, indicating that Harrison Street would remain available for pedestrian, bike and skiing access. Ms. Mary Vant Hull, 416 East Story Street, indicated that the people most concerned with keeping the Harrison Street access open are not able to come to the meetings but have stated support through numerous letters to the Commission. She noted that two parking spaces at Aspen Pointe are not a sufficient number, are not contiguous to the park, and do not provide wheelchair access to the most level area of the park. She emphasized that Option C is the most user friendly and provides the best access for those with disabilities. Mayor Kirchhoff closed this item to public comment. Commissioner Youngman expressed concern with adopting the revisions forwarded by Deaconess Health Services without input from the Recreation and Parks Advisory Board but suggested moving forward and welcoming comment for further consideration if necessary. She proposed retaining paragraph 2 but revising the final sentence to read, "Development ofthese lands will impact the park." She indicated support for replacing paragraph 4 with language submitted by Deaconess Health Services. Commissioner Brown noted that Gary Vodehnal of the Gallatin Valley Land Trust had expressed concern with putting a parking lot on the Harrison Street right-of-way, noting that its only connection with the formal trail in the park is via two lengthy "cow paths," which may require improving at some point. He concurred in Mr. Vodehnal's support for Option B for handicapped access from Aspen Pointe with its benefits of a lighted, paved parking lot and proximity to telephone and assistance. Commissioner Hietala stated support for Option C to allow the Harrison Street access to remain open. Commissioner Youngman stated support for Option B, noting that a handicapped accessible trail had been built from Aspen Pointe's paved parking lot, in addition to the advantage of nearby security and assistance. She stated that there is no handicapped access from Harrison that meets ADA standards, and the parking lot is slanted and graveled. Mayor Kirchhoff indicated support for Option B. It was moved by Commissioner Youngman, seconded by Commissioner Brown that the Burke Park master plan be approved with Option B for parking and handicapped access as described on page 18 of the plan; with the last sentence in paragraph 2 on page 13 being revised to read, "Development of these lands will impact the park."; and with paragraph 4 on page 13 being replaced by language submitted by Bozeman Deaconess Health Services to read, "Bozeman Deaconess Health Services owns land to the west 05-19-03 - 17 - side of Highland Boulevard that borders Burke Park. The future development of this land may include an expansion of senior housing, including cottages, a nursing home and other health-related services. The staff at Bozeman Deaconess Health Service has committed to working with the Friends of Burke Park, the City Planning Board and staff, the Recreation and Parks Advisory Board, and the staff of the Parks and Recreation Departments to ensure appropriate development of the property that borders Burke Park." The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Brown and Mayor Kirchhoff; those voting No being Commissioner Cetraro and Commissioner Hietala. Discussion re cable television franchising Included in the Commissioners' packets was a memo prepared by Commissioner Youngman reviewing the history of the cable television franchising issue in Bozeman from 1983 to date, along with copies of some of the historical information and copies of a proposed ordinance and franchise agreement. Commissioner Youngman noted that there have been several changes in this area since 1995, when the Commission last considered this item. Mr. Jim Vernon, 712 East Peach Street, indicated that he served on the ad hoc committee to review cable television franchising in 1994 and 1995. He stated that the idea was well received by people in the community and was supported and approved by the Commission in 1995; however, the expense of hiring a professional telecommunications negotiator stalled the process. He noted that lower costs and changes in technology make the concept more appealing and simpler today, allowing City staff to draft the agreement and complete the franchising process with some assistance from a consulting agency. He indicated that there are agencies in the Northwest that would provide that assistance free of charge. Mr. Bill Freese, Director of the Instructional Media Lab at MSU, stated that he works with students on video editing and finds the prospects of public access television exciting. He noted that video is an effective medium for communicating, as well as providing education and information, and it is something that young people pay attention to. He indicated that he has received many expressions of support and interest in becoming involved. Commissioner Youngman suggested that the Commission reconfirm the 11 original recommendations of the ad hoc committee forwarded in 1995. She noted that the Commission had at the 11 th hour voted to funnel some of the franchising money into parkland; however, she asked at this time that the entire amount be dedicated to telecommunications. She stated that money would not only benefit publiC access television but could also be used for infrastructure improvements and to provide fiber optics. Commissioner Hietala expressed concern about the cost to consumers, noting there are many other tax and fee increases on the horizon. Mr. Jim Vernon responded that the estimated cost in 1995 was $1 .22 per month for those with full cable service. Commissioner Youngman acknowledged a potential consumer impact, but it would result in no tax increase. She stated the cable company doesn't necessarily have to pass the cost of the franchise fee along to consumers. Commissioner Brown questioned whether the City of Billings' attempt to charge companies for the use of the public right-of-way has any relevance in this matter. City Attorney Luwe responded that the Billings case involves infrastructure in the public right-of- way, with a fee based on gross income; and it is a different matter than a franchise agreement. That case is now before the Supreme Court and whether it will affect franchise agreements remains to be seen. Commissioner Youngman stated that public access television offers a cost-effective way to provide training seminars and programs on subjects related to publiC safety, health and well being; a prospect that many City and County departments had expressed interest in back in 1995. 05-19-03 - 18 - Mr. Mike Oswald, Bresnan Communications, voiced concern with a franchise agreement if the basis of the agreement is for a paid channel. He stated that the franchise fee of 5.2 to 6 percent of gross revenue would be passed on to consumers, as would the cost of a paid channel, and noted that providing a studio, related equipment and fiber lines is very cost intrusive. He indicated that many franchise agreements don't have a paid channel for that reason, and he questioned whether this is what consumers want or if it is the agenda of a few who want to utilize the channel. He then noted that Bill Bresnan, owner of Bresnan Communications, plans an $8 million upgrade for Bozeman and Belgrade and invited the Commissioners to an open house on Thursday evening to meet him. Mr. Garrett Talbott, BridgeBand Communications, stated that his company is in the process of providing fiber optics throughout the City and asked the Commission to explore all avenues, noting that the internet could also be used for public access. He indicated that BridgeBand currently provides high speed internet access to the City, which could potentially be used for rebroadcast to reach anyone with internet access. He noted that BridgeBand is a locally owned company, and its revenues remain in the community. Commissioner Youngman emphasized that nothing in the 11 recommendations would lock the Commission into one provider or medium, and the franchise agreement can be shaped to reflect the changing market and options. The ordinance only allows negotiation of an agreement and is also non- binding. She asked for Commission input on whether pUblic meetings should be held to gather citizen input. Mayor Kirchhoff expressed support for reaffirming the recommendations, exploring options presented tonight and convening meetings to gauge public interest in light of the changing market. Commissioner Hietala reiterated concern with the potential cost to consumers, noting he would like the community to know the costs and to hear how it feels about this concept. It was moved by Commissioner Youngman, seconded by Commissioner Hietala that staff be directed to bring back an enabling ordinance for cable television franchising, to accept as the basis for the ordinance and franchise agreement the eleven unanimous recommendations of the City's 1994-95 ad hoc committee to review cable television franchising options, and to convene one or more public meetings for discussion of current technology with interested parties and to gather public input on interest in the subject. The motion carried by the fOllowing Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Brown and Mayor Kirchhoff; those voting No being Commissioner Hietala and Commissioner Cetraro. Discussion re water conservation Included in the Commissioners' packets were copies of the Executive Summary and Recommendations contained in the City of Bozeman Water Conservation Study, dated March 2002. Water Treatment Plant Superintendent Dean Elliott stated that $50,000 is earmarked for water conservation in his FY04 proposed budget. With that money, a consultant would be hired to start an education program and to perform the initial work for implementing recommendations in the conservation study completed by Aquacraft, Inc., in March 2002. He indicated that design of a new water treatment plant is included in the FY08 capital improvements projects, with construction included in FY09. He noted that a successful water conservation plan would allow the City to construct a 15 million gallon plant rather than a 20 million gallon plant and delay for several years the need for a 5 million gallon expansion, at a cost of $5 million. Responding to Commissioner Brown, Superintendent Elliott stated that the new plant will be designed so it can be expanded. He noted that the current plant was designed with economy in mind rather than conveniences; features such as a metal building with a low roof made it a 15 or 20 year facility, and the 20 years is up. Responding to Commissioner Hietala, the Superintendent noted that while it's difficult to project population growth rate, the amount of water conservation can be calculated as a percentage of the population. 05-19-03 - -------------- -19- Commissioner Hietala stated that he sees three areas that could be beneficial for water conservation; those are MSU, low-flow toilets and brown lawns in the summer. He noted that MSU is a huge user of water and getting them on board to reduce consumption would make a significant difference. Superintendent Elliott indicated that the conservation study includes scenarios that address use at MSU, as well as indoor and outdoor business and domestic use. Commissioner Youngman stated that Aquacraft's analysis of Bozeman was brilliant, noting that the recommendations are for voluntary measures and not mandatory regulations. She emphasized that this proposed plan would allow for more efficient use of our water and delay large capital expenditures, saving the taxpayers millions of dollars. She stated support for staff's recommendations for implementing the plan, starting with pUblic outreach, education and strictly voluntary measures. Public comment No one from the public addressed the Commission under this agenda item. Discussion - FYI Items The fOllowing "For Your Information" items were forwarded to the Commission. (1) Memo from the Gallatin County Planning Board and the City Planning Board, dated April 28, regarding the status of the draft intergovernmental agreement and the draft Bozeman urban area annexation policy. (2) Letter from Tom Reiner, President of Lux Transfer and Storage, dated May 6, voicing concern about the burden being placed on his small business by rapidly increasing property taxes and the cost of providing health insurance to his employees. Commissioner Hietala acknowledged Mr. Reiner's concerns and suggested working with the Chamber and possibly the County and other organizations on a solution to the health insurance crisis. He noted that rates have increased 15 percent for each of the last three years, and there are 2,500 people employed by local businesses who don't have health insurance. Commissioner Youngman suggested the Gallatin Development Corporation as another contact source. Commissioner Hietala agreed to pursue this. (3) Memo from the Montana League of Cities and Towns, dated May 7, announcing that the annual conference will be held in Billings on October 1 through 3. (4) Updated list of planning projects to be considered at upcoming Commission meetings, dated May 16. (5) Notice that the Landfill will be closed and that there will be no garbage collection on Monday, May 26, due to the Memorial Day holiday. (6) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, May 20, at the Ruby Theatre in Three Forks. (7) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, May 20, at the Professional Building. (8) Agendas for the Zoning Commission meeting to be held at 7:00 p.m. and the City Planning Board meeting to be held at 7:30 p.m. on Tuesday, May 20, in the Commission Room. (9) Agenda for the Cemetery Board meeting to be held at 1 :00 p.m. on Tuesday, May 27, in the Conference Room. (10) Minutes from the Community Affordable Housing Advisory Board meeting held on April 9. (11 ) Minutes from the Montana Transportation Commission meeting held on March 27. 05-19-03 - 20- (12) Letter from Joe Skinner, President ofthe County Planning Board, and Ed Musser, President of the City Planning Board, forwarding a recommendation that the City and County Commissions jointly develop and adopt an Interlocal Agreement setting forth coordinated land use policies for the greater Bozeman area. (13) Commissioner Youngman presented the following: 1) asked whether the Commissioners would support establishing a panel of business people to review of the Story Mansion business plan. She suggested a side note in the next City newsletter inviting input as a means to assure taxpayers of the Commission's scrutiny of the plan. A majority of the Commissioners indicated support. 2) asked whether the Commissioners would support conSidering reduced rates for senior citizens on services such as water and sewer and garbage, noting that she hears concerns from many about rising costs and making ends meet. She indicated that some means of income verification would be required to determine eligibility. The Commissioners indicated general support. (14) Commissioner Brown stated that he had received a proposed resolution in opposition to the "Patriot Act," along with a petition signed by 125 people urging the Commission to schedule a public hearing on the resolution. He noted there had been discussion of this issue at the March 10 meeting, but the Commission did not support considering it at that time due to the imminent outbreak of war in the Middle East. He indicated that he would like to revisit the issue and possibly bring in a knOWledgeable speaker on the subject. He asked whether the Commissioners would now support considering such a resolution, following review and guidance from legal staff. A majority of the Commissioners concurred in having legal staff research the issue and review the forwarded resolution, with time scheduled for further discussion when analysis is completed. Adiournment -10:57 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. sTdK'l:o~ ATTEST: ~~~ ROBIN L. SULLI AN Clerk of the Commission PREPARED BY: CAROLYN A. WILMONT Deputy Clerk of the Commission 05-19-03