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HomeMy WebLinkAbout2003-05-27 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA May 27,.2003 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Tuesday, May 27,2003, at 3:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner Marcia Youngman, Commissioner Lee Hietala, Commissioner Andrew Cetraro, City Manager Clark Johnson, Director of Public Service Debbie Arkell, Planning Director Andy Epple, Staff Attorney Tim Cooper and Deputy Clerk of the Commission Carolyn Wilmont. Commissioner Jarvis Brown was absent. 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. Authorize absence of Commissioner Brown from this meeting It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Commission authorize Commissioner Brown's absence from this meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Minutes - Januarv 18. 2000. and April 28. May 12 and May 19. 2003 Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, and April 28, May 12 and May 19, 2003, to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Ordinance No. 1596 - zone mao amendment - amend zonina desianations on soecified lots in StoneRidge PUD Subdivision. Phases 2A and 2B. from "R-O" to "B-1" and from "B-1" to "R-O": finallY adoDt ORDINANCE NO. 1596 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP ZONING DESIGNATION FROM "R-O" (RESIDENTIAL OFFICE DISTRICT) TO "B-1" (NEIGHBORHOOD SERVICE DISTRICT) ON FOUR LOTS AND AMENDING THE CITY OF BOZEMAN ZONE MAP ZONING DESIGNATION FROM "B-1" ~NEIGHBORHOOD SERVICE DISTRICT) TO "R-O" (RESIDENTIAL OFFICE DISTRI T) ON THREE LOTS, ALL LOCATED IN STONERIDGE P.U.D. SUBDIVISION, PHASES 2A AND 2B, BOZEMAN, MONTANA. Award bid - Librarv site remediation contract - Envirocon. Inc.. Missoula. Montana - in the bid amount of $799.903.40 Award Parkland Improvement Funds for Fiscal Year 2003-2004 Authorize City Manaaer to sian - Professional Services Agreement - Western Groundwater Services. LLC - develoo Source Water Protection Plan Authorize City Manager to sian - Amendment No.1 to Professional Services Agreement for Sewer Rehabilitation Proiect. EPA Grant Priority 2 05-27-03 ----. - 2 - Authorize City Manaaer to sian - Liahtina Aareement between City and NorthWestern Energy - intersection liahtina at West Oak Street and North 27th Avenue Aoorove reauest from Sierra Club to sell meals and souyenir items at a "Lewis and Clark Day" event on June 14 at the Bozeman Ponds Claims It was moved by Commissioner Hietala, seconded by Commissioner Cetraro, 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 Hietala, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. Reauest for local arant from Community Affordable Housing Fund to match federal grant monies for affordable senior housing proiect - Accessible SDace. Inc. Included in the Commissioners' packets was a letter from Brian LaMeres, Chairperson of the Community Affordable Housing Advisory Board, forwarding synopses for two affordable housing projects proposed by Accessible Space, Inc. Caren Roberty, representing the Community Affordable Housing Advisory Board, presented an overview of the Department of Housing and Urban Development (HUD) Section 811 and Section 202 grant applications that Accessible Space, Inc., will be submitting within the next two weeks. She stated that the 811 grant would fund construction of 18 units and provide rental assistance for very low income persons with physical disabilities, and the 202 grant would supply 41 rent-subsidized units for very low income senior citizens. Both projects would address a critical area identified in the recent needs assessment by providing housing for the elderly and physically disabled with incomes below 30 percent of area median income. She requested that the Commission write a letter of support for both projects and authorize the expenditure of $12,500 from the City's affordable housing funds to assist with these projects. Mr. Stephen Vander Schaaf, President and CEO of Accessible Space, Inc., stated this non-profit Minnesota-based corporation has worked in Montana since 1989 on various projects funded through grants from the HUD 811 and 202 programs. He briefly reviewed the proposed projects, noting the 811grant monies will provide capital advance dollars for construction of an 18-unit, 100 percent accessible apartment building for very low income, physically disabled people; and the 202 grant will fund 37 units of a 41-unit building for low income senior citizens in the Bridger Peaks Village project, in partnership with Mr. Tim German of Sparrow Development. Mr. German will apply for tax credit financing in January for the remaining 4 units. He indicated that HRDC will manage both projects; and with local support, he is hoping to bring service to the buildings so people with disabilities have access to care around the clock. He requested letters of endorsement and commitment of funds for both projects, noting that the application process is very competitive and 5 points are added if the City agrees to provide financial assistance. Commissioner Youngman stated that these projects are well targeted to address all the urgent needs in the community. No one spoke in opposition to this request. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the Commission write letters of endorsement for both projects and grant Accessible Space, Inc., a total of $12,500 from the Community Housing Fund, contingent upon ASI receiving the HUD grants. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. Informal review - Waldear Daycare Included in the Commissioners' packets was a memo from Assistant Planner Jami Morris forwarding a request from Springer Group Architects on behalf of property owners Alison and Joseph Waldear for 05-27-03 - 3 - informal comment on a Conditional Use Permit for a proposed day care center to be located on the west side of Highland Boulevard near its intersection with East Main Street. Assistant Planner Jami Morris presented a brief overview of the project, which is located at 109 Highland Boulevard in a remodeled residence operating as a daycare center since 1996. It is situated behind The Store and is separated from that site by a vacant parcel owned by The Store. The daycare is currently operating under a temporary special use permit; and the owner, Alison Waldear, is seeking advice on Commission support for a Conditional Use Permit with variances to legalize the use and make improvements to bring it into conformance with current zoning and building requirements. She reviewed the variances that would be necessary, including a reduction in the required number of parking spaces; allowing parking to encroach entirely within the 20-foot front yard setback; and a reduction in the width of the drive access on the north side of the building. She noted that staff feels this would meet the hardship criteria for granting variances owing to the fact that it is an existing situation in an existing building, and this would bring it into compliance on life safety issues. Responding to Mayor Kirchhoff, Assistant Planner Morris stated that the property line is 19 feet from the side of the building, and the applicant is confident she can secure an easement from the owner of the adjacent parcel to comply with the 20-foot minimum drive aisle required for emergency vehicles. Planning Director Andy Epple noted that the structure was built as a residence, and it was renovated and used as a daycare by the previous owner without proper permitting. Ms. Waldear was brought into the process last summer in the course of purchasing the property and has operated the daycare for the past school year under a temporary permit with the provision that she come back for a CUP. He indicated that parking is currently situated in the front yard area, including the public right-of-way; and a parking lot in the rear was the only solution to prevent backing out onto Highland Boulevard. Commissioner Cetraro questioned whether the property's proximity to businesses on Main Street would have any impact on potential expansion of those businesses. Staff Attorney Tim Cooper responded that if development on the property evolved into some sort of school, it could possibly limit use on adjacent parcels due to State statutes prohibiting the sale of alcohol near schools and churches. He noted, however, that amendments have made the laws more flexible. Planning Director Epple stated that the vacant lot to the north of this property is currently zoned residential; however, the possibility exists that the owner may apply to change that. He noted the subject property is in the Marwyn Addition, with covenants stipulating that lots along Highland Boulevard can only be used for residential purposes; however, those covenants have been amended to allow schools and daycares. Mr. Lowell Springer, architect, stated that Ms. Waldear bought the property thinking there were only minor issues to work out. Additional problems arose as she advanced through the CUP process, creating the need for variances. He emphasized that there is no building addition proposed, only some landscaping and improvements to make vehicular movement safer. Ms. Alison Waldear, applicant, stated that she has already done a tremendous amount of work to improve the appearance of the property and has gone through many of the steps suggested by the Building Inspection and Fire Departments to address safety issues. She then indicated she has no problem with any of the requirements for the CUP. Mayor Kirchhoff noted that the applicant has indicated willingness to address the conditions and has contacted the owner of the adjacent property regarding an easement to meet the drive aisle requirement. He indicated he would be supportive providing that all DRC concerns are addressed. Commissioner Youngman applauded the applicant's integrity in coming forward to go through the proper permitting process and to cooperate with suggestions of the DRC and staff. She voiced appreciation for the enhancements to make the property safe for the children and the neighborhood, and indicated that she would be supportive unless significant public input identifies a concern unknown at this time. Commissioner Hietala voiced support. noting he feels it is an appropriate buffer between the commercial and residential area. 05-27 -03 -4- Commissioner Cetraro indicated slight concern with proximity to The Store; however, he voiced support for the project. Mayor Kirchhoff noted that none of the Commissioners had contradicted staff's findings of an existing hardship due to circumstances surrounding the lot, and it appears that the four Commissioners in attendance would favor approval. Informal review ~ Bozeman Public Library (1-03004) Included in the Commissioners' packets was a memo from Senior Planner Dave Skelton forwarding a request from Overland Partners Architects for informal review of a Major Site Plan for the proposed Bozeman Public Library to be located at 626 East Main Street, just west of Lindley Park. Senior Planner Dave Skelton presented an overview of the project. He stated that Overland Partners Architects has requested this informal review for advice and comment prior to submitting a formal Major Site Plan application for a 53,522 square foot building to be constructed at 626 East Main Street. A Certificate of Appropriateness will be required due to its being located in the Neighborhood Conservation Overlay District and the East Main Street entryway corridor. He indicated that the Design Review Board and the Development Review Committee have completed an informal review and found no variances or deviations based on the data submitted. Mr. Mark Hedley, Overland Partners Architects, gave a power point presentation describing the design of the proposed building and grounds. He stated that the site is located next to Lindley Park, with 6 of its 14 acres in the flood plain; and it contains a segment of the Main Street to the Mountains trail system. It is envisioned that the new library will be a central node and integral part of the activity occurring in Lindley Park and along the trail, and a significant amount of the budget has been allocated to improving the trail running through the property. Mr. Hedley noted that access to the site will be from East Main Street and South Wallace Avenue, with a right turn only exit onto Main Street. The library will be set back from Main Street with a terraced, urban plaza leading to the front doors. The plaza is designed to serve as a gathering place for the downtown area with features such as a platform for public speaking and musical events, super green spaces in the summer, and ice skating in the winter. The plaza radius was designed to allow comfortable skating. The building will be two levels, with mechanical room and storage area in the basement. The main floor includes the adult, young adult and children's sections of the library; staff support area; large and small meeting rooms; coffee/snack bar; and seating areas looking out onto Lindley Park. The second level houses the non-fiction collection, reference desk, computer labs, a secure study hall, additional staff support area and a Montana Room with view of the Bridgers. Mr. Hedley indicated that the Main Street and west facades will be brick, masonry and stone. Design of the exterior involved considering the historic architecture of Main Street, as well as accommodating green building systems and making a statement about being a building of the 21 st Century. Both entries are demarcated by towers, an integral part of the night-flushing system, designed to greatly reduce air conditioning costs by drawing out hot air and bringing in cool night air. Other green building elements include a photovoltaic array of 25 kw to be located on the flat portion of the roof; and a skylighting scheme to make the reading area a super daylight area, with no artificial lighting required even on overcast days. Mr. Hedley turned his attention to the old depot building, noting that four options for use or reuse were considered: 1) Integrate it into the library by actually building around it. This option was ruled out since the south end of the proposed library building encroaches into the flood plain, requiring the finished floor to be 4 to 5 feet above grade; and the cost of raising the depot was prohibitive due to its 8-foot concrete foundation beams. 2) Renovate the depot in its current location and design the library either north or south of it. Putting the library on Main Street did not address the most beautiful element of Lindley Park; and setting it back from Main Street provided a more quiet setting, in keeping with the spirit of a library. Pushing the building south pinched the overall design and moved it too far from Main Street to have a presence there. 3) Recycle the depot by dismantling and incorporating the brick into the library building. 4) Relocate and rebuild to be historically accurate. The Library Board of Trustees has chosen this option; however, it does require a financial commitment. Martel Construction submitted a bid of $5,000 to bulldoze and haul it to the dump; or $20,000 to carefully dismantle, palletize the brick and rebuild somewhere on or off site. A possible location is on the south side of the site near the parking lot, relatively close to the 05-27-03 - 5- watershed, with the floor raised 12 to 18 inches above grade to comply with flood plain regulations. Reducing the length of the depot by 25 percent during reconstruction and slight modification of the facade would compensate for bricks totally damaged by the fire that destroyed the roof. Responding to Mayor Kirchhoff, Mr. Hedley stated that the roof will be pre-weathered "galvalum," an alloy of galvanized steel and aluminum; and the matte finish will be virtually non-reflective to users of Peets' Hill and Lindley Park. It will be an attractive feature and will provide a dynamic view at night with light emitted through the skylights. He indicated that an underground cistern for collection of stormwater is no longer proposed; a pond may be created for that purpose, with the water used for landscape irrigation. Commissioner Hietala questioned whether a second estimate on moving the depot might be prudent in light of the lower than expected bid for remediation of the site. Mr. Hedley responded that only the brick walls remain, .and a superstructure would have to be built inside to hold it in place for the move. That option is much more cost prohibitive than dismantling carefully and preserving. Responding to Commissioner Hietala, Senior Planner Skelton stated that Historic Preservation Planner Hillary Hertler is researching CTEP grants and other funds that may be available for historic preservation purposes. He noted that the Historic Preservation Advisory Board early on expressed concern with maintaining the integrity of the depot and is supportive of dismantling and relocating it on the site. Commissioner Youngman acknowledged the great effort of the architectural team, Library Board and other volunteers in working toward this design, noting that $3 or $4 million had been hacked from the budget to arrive at this point. She stated that the design is responsive to both the historic dignity thread and to the "looking to the future" thread of public comment, involving consideration of many competing elements. She indicated that it would be wonderful if rebuilding of the depot could be factored into the budget; however, budget constraints will require extra fund raising efforts to make that happen. She expressed concern that the depot may end up like the Opera House arch that has been palletized and not reconstructed and suggested that historic groups might partner with the Library so that does not happen. Responding to Commissioner Youngman, Mr. Hedley stated that the focus right now will be on completing the perimeter and exterior of the building, with other items being added as the budget allows. He indicated that a fountain is not included in the plaza design at this time but is one of the items being considered for long range growth. Mr. Hedley noted that Martel Construction will forward another cost estimate within the next several weeks, and that may require review of the exterior design for further cost cutting determinations. Detailed drawings will begin at that point. The goal is to have working drawings completed by year end or early next year, with bid letting in a January/February time frame. He noted that is an ideal window for projects in Bozeman and should help in the bid numbers. Mayor Kirchhoff indicated that he is favorable to the design and supportive of proceeding. Commissioners Youngman, Hietala and Cetraro concurred. Recess - 4:50 o.m. Mayor Kirchhoff recessed the meeting at 4:50 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearing. Reconvene - 7:00 o.m. Mayor Kirchhoff reconvened the meeting at 7:00 p.m. 05-27-03 - 6- Public hearina - Zone Mao Amendment - amending zoning from "BP" to "B-2" and "R-3" on +130 acres described as Tract 4 and a portion of Tract 2. COS No. 2202 - Baxter Meadows Development (northwest of intersection of Baxter Lane and Davis Lane) (Z-03090) This was the time and place set for the public hearing on the Zone Map Amendment requested by Baxter Meadows Development under Application No. Z-03090, to amend the zoning from "BP," Business Park, on f:130 acres described as Tract 4 and a portion of Tract 2, Certificate of Survey No. 2202, to "B-2," Community Business, on f:125 acres and to "R-3," Residential-Medium-density on f:5 acres. The subject property is located northwest of the intersection of Baxter Lane and Davis Lane. Mayor Kirchhoff opened the public hearing. Contract Planner Lanette Windemaker presented the staff report. She stated that this application is to change the zoning from "BP" to "B-2" on f:126 acres and to "R-3" on :1:12 acres, rather than the acreages identified in the newspaper notice. Property to the north and east is County zoned "AS," Agricultural Suburban; and properties to the south and west are zoned "R-3," Residential-Medium-density. The subject property is designated as community commercial in the Bozeman 2020 Community Plan. She indicated that the developer initially proposed a "B-3" designation; however, staff and the Commission determined that "B-2" was more appropriate. The applicant is in agreement with that designation but will likely ask for more waivers in the PUD process. Contract Planner Windemaker stated that staff has reviewed this application in light of applicable criteria set forth in the zone code, and staff's comprehensive findings are contained in the written staff report. She forwarded staff's recommendation for approval, subject to standard conditions; and noted that following its publiC hearing on May 20, the Zoning Commission concurred in that recommendation. Responding to City Manager Johnson, the Contract Planner confirmed that the "BP"designation does not comply with the community commercial land use designation. Commissioner Cetraro questioned why this was originally zoned "BP," what factors have made the change necessary, and whether the developer is considering a resort type of development. Contract Planner Windemaker responded that a commercial center is planned, noting that community commercial encompasses a broad range of functions including educational, professional and retail. The "B-2" and "B-3" designations contain retail and are appropriate for community commercial land use areas according to the Bozeman 2020 Community Plan. There is no retail in the "BP" zoned areas; rather, they are industrial business park areas. She noted that legal issues arise when zoning does not comply with land use designations and reiterated that "BP" does not comply with the community commercial designation in the 2020 Plan. Further responding to Commissioner Cetraro, Staff Attorney Cooper stated that the application for annexation and zoning preceded adoption of the 2020 Plan, and designations of commercial and business park were not as specific in the former Bozeman area master plan. It was not uncommon to find more "BP" designations prior to the 2020 Plan and, at that time, was an appropriate designation for this parcel since it was compatible with the surrounding agricultural uses. Mayor Kirchhoff asked whether the site design of the subdivision has changed substantially since the informal review in terms of street layout, housing, and commercial concepts. Contract Planner Windemaker responded that the lot and street pattern have remained relatively the same with some shifts in the phasing lines. The commercial component has always been proposed as a "downtownish" type of development with buildings close to the sidewalk and on-street parking. Commissioner Cetraro expressed concern with establishing another commercial center "out in no man's land" without the residential component to support it, as well as the possible impact to existing core areas. He stated that it took a long time for businesses on North 7th Avenue to recover from development on North 19th Avenue. He also expressed concern with not knowing exactly what is proposed for the development, since the little information he has seen makes it look like a city within the city. He then noted that the applicant is not present to answer questions. 05-27-03 - 7 - Mayor Kirchhoff acknowledged Commissioner Cetraro's concerns, stating he shares the vision of keeping the energy and economic vitality concentrated in the core. He noted that zoning through the 2020 Plan is the protection to maintain the balance between the city center and cluster commercial development. However, he questions why commercial development is being proposed in the second phase rather than later phases when the neighborhoods are in place for the commercial enterprises to support. Commissioner Youngman noted that the City will eventually need another commercial center in that area, but in the planning process it was envisioned to happen after the downtown and North 7th and North 19th Avenues were fully developed. She acknowledged that this is way ahead of its time; however, the only way to enforce the planning process is to zone for it now. Responding to Commissioner Hietala, the Contract Planner stated that Phase I of the development has final plat approval, and they are working on completing the infrastructure. Commissioner Cetraro stated that he would like more information before making a decision. Mayor Kirchhoff noted that under Commission rules, any Commissioner can request a delay on land use decisions. He forwarded the following questions to Contract Windemaker for referral to planning staff: 1) What is the reasoning behind the community commercial designation, why are they so large, and why is this one located so far out? 2) Will this complement or erode the downtown and other commercial areas? 3) Why is the commercial phase preceding additional residential phases? 4) What is the status of improvements in Phase I? 5) Why can't the development occur under the "BP" designation? The applicant was not present. No one spoke in opposition to this zone map amendment. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Youngman, seconded by Commissioner Cetraro that a decision on this item be delayed until the June 2 meeting to allow time for staff to answer questions raised during discussion. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Cetraro, Commissioner Hietala and Mayor Kirchhoff; those voting No none. 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 ) Letter from Dr. Charleen A. Mcinnis, 321 Meagher Avenue, expressing concern with the Ferguson Meadows stormwater pondS and potential danger to children from drowning, as well as mosquito infestation and spread of West Nile virus. (2) Memo from Bozeman Area Chamber of Commerce listing upcoming community and Chamber events. (3) Updated list of planning projects to be considered at upcoming Commission meetings. dated May 21 . (4) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, May 27, in the Commission Room. (5) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, May 27, at the Professional Building. 05-27 -03 - 8 - (6) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, May 27, at the Professional Building. (7) Agenda for the Gallatin County Planning Board meeting to be held at 6:30 p.m. on Tuesday, May 27, in Building NO.4 at the Fairgrounds and minutes from the May 13, 2003 meeting. (8) City Manager Johnson stated that he had received a letter from the Federal Emergency Management Agency indicating that the City will increase to a Class 7 in the National Flood Insurance Program's (NFIP) Community Rating System due to various voluntary activities implemented by the City. As a result, NFIP policies issued or renewed for properties within designated flood plain areas will receive a 15 percent premium discount beginning May 1. He noted that Engineering Assistant Andy Kerr had submitted the application. (9) Commissioner Youngman stated that she attended the Bresnan Communications reception last week where she met the President and CEO, Bill Bresnan, and other top staff. She indicated that Bresnan Communications will be doing major infrastructure upgrades in the Bozeman area, bringing expanded capacity for high speed communications. Since mandating these upgrades was anticipated, this will simplify negotiations for a cable television franchising agreement, should the Commission adopt such an ordinance. Adiournment ~ 7:46 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 Cetraro and Mayor Kirchhoff; those voting No, none. vd~- --- STE EN . KIR OFF, Mayor ATTEST: ~/~ R BIN L. SULLIVAN Clerk of the Commission PREPARED BY: CAROLYN A. WILMONT Deputy Clerk of the Commission 05-27-03