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HomeMy WebLinkAbout2005-02-28 Minutes, City Commission MINUTES OF THE WORK SESSION MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA February 28, 2005 ***************************** The Commission of the City of Bozeman met in work session in the Commission Room, Municipal Building, on Monday, February 28,2005, at 7:00 pm. Present were Mayor Andrew Cetraro, Commissioner Jeff Krauss, Commissioner Marcia Youngman, Commissioner Steve Kirchhoff, Commissioner Lee Hietala, City Manager Chris Kukulski, Assistant City Manager Ron Brey, Director of Public Service Debbie Arkell, Director of Finance Anna Rosenberry, Planning Director Andy Epple, Acting City Attorney Tim Cooper, and Deputy Clerk of the Commission Karen DeLathower. The meeting was opened with the Pledge of Allegiance and a moment of silence. Public comment Wrenn Bade, 304 South 9th Avenue, spoke regarding City parks and the decline of the availability of public recreation and education programs for young people. She invited the Commissioners to meet her at the Bogert Pavilion at 8:00 am on Tuesday morning to discuss the condition of the ice at the rink. Creekwood Maior Subdivision pre-application and concept PUD with relaxations - development of 53-lot sinale-household subdivision located on the north side of Bridger Canvon Road. northeast of Headlands Subdivision. zoned "R~S". Residential Suburban, and "R-1", Residential Sinale- household. Low-densitv Included in the Commissioners' packets was a memo forwarding the pre-application and concept planned unit development for Creekwood Major Subdivision, a 53-lot single-household subdivision located on the north side of Bridger Canyon Road, northeast of Headlands Subdivision. Associate Planner Morris gave an overview of the proposed project to divide 38 acres into 53 residential lots, with three lots earmarked for affordable housing. The applicants are asking for a 30 percent density bonus, with relaxations to block length, block width, to allow cul-de-sacs, and to provide less than 50 percent street adjacency park frontage. Shaun Shahan, Snowload, LLC, stated their intent is to create a pedestrian friendly, single-family residential subdivision, with over 8,100 feet of trails. They have been working with the Gallatin Valley Land Trust to ensure trail connectivity to neighboring properties and Bridger Creek. The objective is to get on a trail from anywhere in the subdivision, and the main trail will be paved and landscaped on both sides. The open space, trails, and parkland will be available for use by the public; and a parking area will be provided. The reason they are requesting a planned unit development is to provide bigger lots to ease the transition between "city and county". The riparian areas will be protected, and lighting will be kept to a minimum to keep the area natural. Commissioner Youngman agreed the trail network is fantastic, but she would like the minimum width to be consistent with the standards. She suggested leaving the autos to help with fish and stream bank stabilization, and reusing the wood from the old buildings for a picnic shelter in the open space area. Mr. Shahan responded they intend to recycle the wood for the property sign and for bike rack coverings. He has spoken with a King Fisher representative, and that representative believes harm is being done to the riparian area and the creek by the abandoned autos. They will try to retain some of them for the benefit of the creek and fisheries. Commissioner Youngman stated she would normally wince at the proposed street layout, with only one street through the property. The less than 50-foot street frontage is something the Recreation and Parks Advisory Board and Commission will have to grapple with because there are many subdivisions in 02-28-05 work - 2 - town where abuse is rampant, with people encroaching into the public areas. She suggested preventing that through design or use of fences or hedges. Mr. Shahan responded they plan to have landscaping serve as a break between public and private property. They are shying away from fences because they don't want to hinder the views or the wildlife migration. Commissioner Youngman pointed out it would be helpful to have a sub-area plan of the entire area in order to review each proposal in the context of the others. Mr. Shahan stated they have been coordinating trails and development connectivity with the other property owners, and he will get that information to the Commission in the next couple of weeks. Commissioner Krauss agreed with Commissioner Youngman's comments about fences along the boundaries and the narrow trail corridors. There is currently a situation with Sundance Springs residents locking the public out of the open space there, and he doesn't want to see that repeated here. He offered that he feels the parking lot is undersized for the number of people he expects will be using this open space area. Mr. Shahan stated this current plan is based on Design Review Board and Development Review Committee comments. The parking lot actually provides 18 stalls, with two of them being handicapped accessible spaces. Commissioner Krauss offered that he would prefer it if there were more access to the public areas because this area will be heavily utilized by the public. He questioned the reason for the paving of the trail along Bridger Drive. Commissioner Hietala asked how the density bonus is calculated. Associate Planner Morris stated the calculation is complicated; but based on the net acreage, it figures out to one unit per .76 acres. Commissioner Kirchhoff concurred with comments from Commissioner Youngman and Commissioner Krauss, and he has nothing further to add. Mayor Cetraro noted he feels this is a great development. All Commissioners indicated they were comfortable with the density bonus. Mayor Cetraro then thanked the applicant for the opportunity to review this concept plan. Lowe's concept PUD with relaxations - development of 292.163-sauare-foot retail and office complex located on the northeast corner of Tscache Lane and North 19th Avenue. zoned "B-2", Community Business District Included in the Commissioners' packets was a memo forwarding the concept planned unit development for Lowe's, including development of a 292, 163-square-foot retail and office complex at the northeast corner of the intersection of Tschache Lane and North 19th Avenue. Associate Planner Morris gave an overview of the proposed project. This proposal is for the same sized building on the same parcel as what was reviewed a couple of years ago. This building exceeds the maximum allowable square footage, which triggers the requirement for a planned unit development. Design Review Board recommendations include more landscaping in the parking lot and moving the reflection area so it can be aggregated as a plaza in the middle of the parking lot, include some type of structural amenity, like a gazebo, in the open space, all pedestrian crossings should be scored and pigmented, the mass of the building should be reduced with larger offsets of the awning feature, add storefront windows, incorporate earthen berms into the landscaping on Baxter Lane, orient the buildings behind Lowe's toward the stream and trail, and reduce the number of parking spaces. Keith Belden, representing Lowe's, said they have taken a five-prong approach to this project in order to generate support for the relaxation of the requirements with regard to the building size. He reviewed the latest design of phase one of this project, characterizing it as "excellence in design criteria". They intend to exceed current landscaping requirements by 20 to 25 percent and plan to meet or exceed 02-28-05 work - 3 - other UDO requirements, as well. A standard Lowe's store would provide 605 parking stalls, but parking for this project has now been reduced to the bare minimum of 460 stalls. Shelly Engler, member of applicant's team, noted Lowe's is committed to exceeding the minimum Unified Deve/opment Ordinance landscaping standards by over 200 percent, adding this landscaping will exceed what all neighboring developments have planted. There will be three green spaces in the parking lot, two buffer strips along the east and west sides of the building, and an expansive, parklike space on the south side. Both evergreen and deciduous trees are included in the plan, as well. Mr. Belden pointed out this landowner has participated in many infrastructure improvements, ahead of development, and has participated in SIDs for improvements to North 19th Avenue. Wayne Miller, Lowe's representative, stated he feels they have been responsive to the needs of Bozeman and have exercised creativity to produce a project that is specific to Bozeman, while being responsive to the needs of both Lowe's and the Bozeman community. They have attempted to bring the streetscape to the front of the building and have broken the building down into three entrances; the main entrance. the indoor lumber yard entrance, and the outdoor garden center entrance. The Lowe's team spoke to the Design Review Board last week, and they are willing to take input at this time to demonstrate their willingness to comply with the Commission's desires. Commissioner Krauss stated he likes most of the Design Review Board's comments, saying it is a pretty nice looking building; but it is still twice as large as the ordinance allows, which will be a "big hill to climb". He expressed his concern with what the building will look like from the freeway. Commissioner Krauss pointed out the proposed trails just outline the lot; and he is unsure who will be going where on those trails, which is a problem with only looking at one lot at a time. He questioned if the Lowe's sign meets the City's sign requirements. He then noted there does need to be a sufficient number of entrances and exits, so if this building should go dark, it can be easily modified for future use. Susan Swimley, attorney for Philip Saccoccia, Jr., stated this proposal has been brought forward in a five-point component, which will meet or exceed the existing Saccoccia planned unit development guidelines. Planner Morris has requested a design criteria for the entire site that will guarantee there will not be a wall of stores along Baxter Lane, but it is impossible at this point to tell how the remainder of the property will be developed. The applicants will, however, be happy to accept any suggestions the Commission may have for design criteria along Baxter Lane. Ms. Swimley then asked the Commission to expand on comments made regarding the vegetation in the parking lot, since the applicants received mixed messages from the Design Review Board. Commissioner Krauss responded that Lot 2 is the kind of "little sandwich" that he objects to. He stated he is not sure how to make a building this large a good idea. Mayor Cetraro noted the Commission recently approved a development on Oak Street that used an impressive mix of materials; and he encouraged the applicants to utilize that high level of materials mixture for this store, as well, saying Lowe's should be held to that same high caliber. Mr. Belden stated the landscaped areas within the parking lot could be articulated, saying the center one is 41 feet wide, with the other two being 28 to 29 feet wide. Their objective is to provide the most screening. Mayor Cetraro voiced his appreciation and support for the superior landscaping design. Commissioner Kirchhoff agreed with Commissioner Krauss' comments, adding he would like to hold the parking to the smallest feasible number. He encouraged good pedestrian access and more interesting trails, and then expressed his gratitude for the enhanced landscaping. Commissioner Kirchhoff pointed out he spent two and half years of his life drafting the big box ordinance, which caps the size of retail establishments at 75,000 square feet, so he isn't sure what to say about this application, which is 220 percent of that cap. He stated it will take a superior design, a lot of amenities built into this site, and a cooperative spirit to get there. Mr. Belden pointed out the Development Review Committee recommended installation of standard sidewalks on Baxter Lane and Tschache Lane, but they would like to do something more interesting along Baxter Lane. 02-28-05 work - 4- Commissioner Kirchhoff reminded the Lowe's team that the Commission is concerned that all trail accesses from other properties align with one's on this property. He encouraged them to remember the human scale and stated that trail connections need to be planned accordingly. Commissioner Youngman reinforced what had already been stated by the other Commissioners. She agreed that the proposed size is a big hurdle, which will require serious convincing to take the Commission to the point that this is in the best interest of the community. She, too, is impressed with the enhanced landscaping; and while she appreciates the reduced parking, she encouraged the applicants to reduce it even further. She agreed with Design Review Board comments regarding the need to reduce the massing of this long, straight building. Commissioner Hietala agreed this building is huge and suggested it could be broken up more to the eastern exposure. He proposed a glass vestibule would be a nice way to break up the front facade. Commissioner Kirchhoff agreed, saying a glass vestibule would "warm up the building", with a transparent surface to the front. Commissioner Krauss summarized, saying what the Commission is "shooting for" is some kind of look that varies the store front in its depth and width and has windows. The building materials need to be "warmed up by being more rustic and western". Mr. Miller then distributed copies of other drawings which modulate the facade in much the same way as this project with a glass storefront amenity that isn't presented in this Bozeman design. Ms. Swim ley stated they need Commission feedback on the acceptability of capping Lowe's parking at 40 percent below the Unified Deve/opment Ordinance requirements, with the remaining parking to be capped at 20 percent below those standards. She noted it is unprecedented for Lowe's to agree to so few parking spaces in front of the building. She questioned if it is possible for Lowe's to attain sufficient design criteria and other amenities to get them where they need to be for Commission approval. Commissioner Kirchhoff answered that he has no specific parking stall number that should never be exceeded; and while it needs to be functional, it should be tolerable from the public's point of view and not a site overwhelmed by asphalt. He does not want to see so many parking stalls that aren't being utilized as found with some other projects in town, and he believes staff should be encouraged to continue to push down the number of required parking spaces. Commissioner Krauss stated the reason for the smaller store size cap is so that there isn't a requisite parking lot that could allow a 747 to be landed in it, which is why the City requires smaller buildings; and that, in turn, also caps the parking lot size. Relaxation of the parking lot standard is proposed; and he understands this will be the smallest parking lot a giant Lowe's building has ever had, but it is still a giant building with a giant parking lot. There needs to be an abundance of amenities, trails, and superior design standards to get to where they want to be. Commissioner Hietala said he believes the Lowe's team has gone the extra mile on the parking requirements, and he doesn't feel it should be reduced further than that. Discussion - review of 2004-2005 hockev season at Boaert Pavilion Included in the Commissioners' packets was a memo from Neighborhood Coordinator Oulman providing an update on the playing of hockey at Bogert Pavilion. Neighborhood Coordinator Oulman provided a background of hockey in the Bogert Pavilion, noting staff was directed to bring back additional information in order to review the success of that project. In early January, hockey proponents, neighbors, and City staff met and agreed on hours, lighting, and enforcement issues. A follow-up meeting was held on February 3, but no hockey representatives attended that meeting. The neighbors have kept in good contact with her, and Roger Stoltzfuss has assisted with flooding the rink. Enforcement of the rink hours was one of the most difficult aspects of this trial and will require further review if dasher boards are to be continued at the Pavilion. A presence by hockey proponents and neighbors is necessary to ensure the timely close down of the rink. An alternative to the hockey proponents being involved in enforcement of the hours would be to consider arranging for either a City employee or a 02-28-05 work - 5 - contracted service to be specifically responsible for closure of the rink at 9:00 pm. Noise mitigation efforts in concert with the installation of the dasher boards proved to be very difficult this season because of the unusual winter weather. Neighborhood Coordinator Oulman pointed out that if hockey at the Bogert Pavilion is to be a privilege, the City needs to be proactive in helping the hockey players understand their role. If hockey at the Pavilion is to be a gift to the community, a better understanding of Commission sentiment about how staff should be allocating their time and efforts is necessary. There were differences in expectations between the hockey users and Bogert Park neighbors this season. The neighbors expected noise mitigation efforts to be in place simultaneously with the dasher boards installation and that the agreed upon hockey hours would be enforced. The hockey users believed the ice would be maintained to provide the maximum amount of user days. Superintendent of Facilities and Lands Goehrung noted he provided the Commission with information on sound mitigation on January 7th, including a summary of his conversation with a sound mitigation expert, which clearly showed there is a great deal of trial and error in noise mitigation. The materials alone are projected to be around $8,000, without labor costs. He has included $20,000 in his upcoming budget request to start to deal with some of the sound issues at Bogert Pavilion. He feels he needs to make fiscally responsible decisions regarding the allocation of City resources; and he initially viewed hockey at Bogert Pavilion as a partnership, with the expectation that this would be a partnership that included the hockey users, but the burden has fallen on City staff. If hockey at Bogert is to be a priority, then the appropriate resources need to be in place. Commissioner Krauss questioned the competing commitments of staff time during the winter. The Superintendent of Facilities and Lands answered that this year staff was busy doing outside work in the parks due to the lack of snow cover. In a normal year, staff is committed to the upkeep of other skating rinks and snow removal efforts. In response to Commissioner Kirchhoff's inquiry, the Neighborhood Coordinator stated folks need a better understanding of what they should be looking for in terms of a partnership for enforcement issues. If the Commission feels that staff should shoulder some of the responsibility for enforcement, it would be of benefit for staff to hear that, so they can plan accordingly. The hockey user group would need to become more formalized for a partnership to occur. Superintendent of Facilities and Lands Goehrung added that currently there is a neighbor who takes the responsibility of closing down the Southside rink; and at other rinks, the City contracts with Rocky Mountain Security for closure; no staff has been scheduled for this task. The main question is, does the burden fall onto staff to make sure the rink hours are respected and recreational times are observed and respected? Mayor Cetraro stated his agreement with staff's presentation, saying he is willing to give staff direction to give hockey another shot next year, with more participation by all groups, including the hockey users. A budget decision needs to be made as to whether the Commission wants to give $20,000 to this project to make it work best, and that will have to be decided with other budget decisions. There needs to be a coordinated effort by hockey users, neighbors, and staff to make this a win/win situation. Commissioner Hietala noted that perhaps the enforcement problem could be solved by securing the premises at the closing hour or having the Police Department do a drive-by at 9:30 pm. He feels the enforcement issue isn't the overriding problem; money needs to be included in the upcoming budget to fund sound mitigation efforts to appease the neighbors. City Manager Kukulski stated that his expectation, which he thought was consistent with Commission desires, was that the hockey users would continue their enthusiasm beyond the point when the Commission agreed to put the dasher boards back in, including help with noise mitigation efforts. He expected there would be plethora of volunteers to help with the maintenance. With the kind of weather there was this winter, he would not have anticipated spending so much in overtime to allow the boards to go up; and it is disheartening to hear staff get ripped on that they didn't put any effort into making ice. He thought staffs primary responsibilities would be to install the boards and some additional maintenance. City Manager Kukulski said he would be in favor of putting the dasher boards back up next year, while encouraging hockey supporters to be as enthusiastic in helping to mitigate the problems as they were in getting the boards back up, so there isn't a battle over this again next year. He feels users should view hockey in the Bogert Pavilion as a privilege since it hasn't existed in quite some time prior to this year. He 02-28-05 work - 6- cautioned the Commission that it would be wise to balance this money request with other projects that need to be funded in this upcoming budget year. Commissioner Youngman stated she is supportive of the budget request, but she wants to know at the expense of what other projects. She agreed there was insufficient volunteer energy this year; and she suggested getting a volunteer commitment and schedule, which the Recreation and Parks Advisory Board may be willing to coordinate. Clear expectations, which are quantified, need to be set; however, the prime concern is still the noise mitigation. Commissioner Krauss asked what the pavilion would be used for in a normal winter, if the hockey boards weren't there. Superintendent of Facilities and Lands Goehrung answered there has always been an ice rink at the pavilion for recreational skating. Commissioner Krauss continued by saying if hockey is a gift to the community, a gift requires a lot of volunteer work, which is a lot more than putting up the dasher boards. If hockey is to continue next year, there is going to have to be a volunteer schedule and accountability established. If it is too much to ask that people leave at 9:00 pm, and it isn't policed by volunteers, he will vote to discontinue the hockey use. He feels skating is a good priority for staff to focus on in a normal winter, and winter recreation and winter use of the parks is a good focus for the Park Department. As for a budgetary priority, he doesn't see it as a question of hockey in the pavilion versus some other priority; mitigating the sound is a very different priority. Bill Clinton, 216 Lindley Place, thanked Neighborhood Coordinator Oulman for her help with this problem and for keeping the interested parties informed. The greater problem at the Bogert Pavilion rink is the enforcement of recreational skating times, with no pucks or sticks allowed. He has seen families forced off the ice during open skating hours by aggressive hockey players. Dave Crawford, 218 Lindley Place, stated the neighbors were under the impression that the dasher boards would be installed in conjunction with noise mitigation efforts. He, too, then thanked the Neighborhood Coordinator for her efforts, adding that the neighbors have already compromised. He noted there are ice maintenance considerations to be dealt with because people are skating during times when the rink is marked "closed" and damaging the ice. He questioned if it is appropriate to be spending a lot of City tax dollars on a problem that is being created by one user group, suggesting instead some balance of public funds and private donations. Wrenn Bade, 304 South 9th Avenue, countered that when there is water on top of the ice, it is still skateable because the ice is "self healing". The dasher boards are necessary for more than just hockey; they keep the sun off of the rink, which extends the life of the ice. She then suggested discontinuing the times that the lights are on in the early morning hours as a money-saving effort. Discussion - schedulina of special Commission/staff training advancement session No discussion was held on this item at this time. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1) Copy of Resolution No. 2005-008, changing the established times of public meetings of the Gallatin County Commission. (2) Agendas for the Gallatin County Commission meetings to be held at 9:00 a.m. on Tuesday, March 1, and 1 :30 p.m. on Wednesday, March 2, at the Gallatin County Courthouse. (3) Flyer announcing the community focus event on water issues in the Gallatin Watershed, to be held at 6:30 p.m. on Wednesday, March 2, at the Gallatin Gateway Community Center. (4) Agenda for the Gallatin Local Water Quality District meeting to be held at 8:15 a.m. on Thursday, March 3, at the Gallatin County Courthouse. 02-28-05 work -7- (5) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Wednesday, March 3, at the Professional Building. (6) Minutes from the February 10 meeting of the Cemetery Board. (7) Copy of an e-mail message from Deb Wilke, 1012 South Willson Avenue, suggesting that installing four-way stops at several intersections along South Willson Avenue instead of a traffic signal at its intersection with West College Street. (8) Copy of a letter from NENA President Jon Gerster regarding the City's acceptance of cash in lieu of dedicated parkland at the Village Downtown Lofts project and requesting that City Manager Kukulski, Commissioner Krauss, and Recreation and Parks Advisory Board Subdivision Review Committee Chair Harper attend the NENA annual meeting on Tuesday, March 10 at 7:00 to talk with the neighborhood concerning this decision. Adiournment - 9:14 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, Commissioner Youngman, ~nd Mayor Cetraro; those voting No, none. r ~~ 1iJ~ ~ LJ Ilrll Ar(]~R:\ L. ~CETRARO, Mayor ATTEST: ~~~~ Clerk of the Commission PREPARED BY: KAREN L. DeLA THOWER Deputy Clerk of the Commission 02-28-05 work