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HomeMy WebLinkAbout2003-10-06 Minutes, City Commission .- ;: MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA October 6, 2003 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, October 6,2003, 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, City Attorney Paul Luwe and Clerk of the Commission Robin Sullivan. 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 - Januarv 18. 2000. and June 10. July 14. Auaust 11. Seotember 2. Seotember 22 and Seotember 29. 2003 It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the minutes of the meetings of September 22 and September 29,2003, be approved as submitted. 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. Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, and June 10, July 14, August 11 and September 2, 2003, to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Minor site olan - allow construction of 32-foot by 36-foot by 20-foot storage building at Sunset Hills Cemetery. 340 Golf Way Commission Resolution No. 3632 - authorizina the recording of a deed of land ourchased under threat of condemnation along West Babcock Street COMMISSION RESOLUTION NO. 3632 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO THE RECORDING OF A DEED OF LAND PURCHASED UNDER THE THREAT OF CONDEMNATION OF PROPERTY LOCATED ALONG WEST BABCOCK STREET BETWEEN WEST MAIN STREET AND FERGUSON AVENUE; DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO HAVE THE CITY ENGINEER RECORD THIS DEED PURSUANT TO ~76-3-201(1)(a) MCA. Authorize Mayor to sign - Findings of Fact and Order - The Villaae Downtown olanned unit develooment maior subdivision (subdivide i8 acres described as a oortion of Lot 1. Amended Plat C-23-A10. into 32 residential townhouse lots. alleys. trail and ooen soace areas) (east of North Broadway Avenue at East Mendenhall Street extended) (P-03021) Authorize Mayor to sign - Findinas of Fact and Order - Bridaer Peaks Villaae Subdivision (subdivide 18 acres described as Tract 4B-1. COS No. 1215D. into 4 lots. includina 3 residential lots and a remainder lot) (alona west side of North 15th Avenue extended between West Oak Street and Tschache Lane) (P-03024) 1 0-06-03 - 2 - . Authorize Mayor to sian - Findinas of Fact and Order - Baxter Sauare SubdiYision (subdivide 18 acres described as the E%. W%. SE%. SW%. Section 35. T1 S, R5E. MPM. into 101 townhouse lots. two 8-olex lots and one single-familY residentiallotl (along north side of Baxter Lane. west of its intersection with Thomas Drive) (P-03020) Authorize City Manager to sian - Acceotance of Riaht-of-Way Aareement from Carl E. Martin for Parcel No. D (L 1 B1) for West Babcock Street proiect (2.5 feet by 135.46 feet) (2601 West Babcock Street): Acceotance of Warranty Deed for same Acknowledae receiot of application for annexation of 0.69-acre oarcellocated at 1409 Durston Road - Wilda Wheeler: refer to staff Aoolication for temoorarv Beer and Wine License - Bozeman Mountaineer 4 x 4 Club - Gallatin County Fairgrounds - Seotember 26-28. 2003: ratify City Manaaer's aooroval Authorize City Manager to sian - Acceotance of Public Street and Utility Easements - (1) from Montana State University Foundation. Inc.. for West Garfield Street. (2) from Montana State University for West Garfield Street and Fowler Avenue. and (3) from Advanced Technoloay. Inc.. for West Garfield Street: and Release and Reconveyance of Easements for West Garfield Street and Fowler Avenue Award bid - Rouse Avenue sewer trunk line and water reolacement oroiect - Williams Plumbina and Heating. Inc.. Bozeman. Montana - in the bid amount of $2.591.818.00 Apolication for temoorarv Beer and Wine License - The Emerson Center for the Arts and Culture. 111 South Grand Avenue - October 3. 2003: ratify City Manaaer's aooroval Claims It was moved by Commissioner Hietala, seconded by Commissioner Brown, 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 Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. Presentation of award by Dr. David King Dr. David King presented to the Commission an Award of Excellence from the Americans for Nonsmokers' Rights for courageously adopting a smoke-free workplace ordinance. He noted this ordinance protects employees and patrons from the health hazards of second-hand smoke and thanked the Commissioners for their action. Review of aoolication for loan from the CDBG Economic Develooment Revolvina Loan Fund - LigoCvte Pharmaceuticals. Inc. Included in the Commissioners' packets was information on the application for a loan from the Community Development Block Grant Economic Development Revolving Loan Fund, as submitted by LigoCyte Pharmaceuticals. Ms. Cynthia Evans, Acting Director of the Gallatin Development Corporation, submitted the report on behalf of the CDBG Economic Development Loan Review Committee. She noted that loan is to purchase equipment and fund working capital, and will be matched by their Department of Defense contract. 10-06-03 . ii - 3 - She indicated that the company has grown from 6 to 29 employees in five years; and they anticipate adding 17 more jobs in the next eighteen months. She stated the company has borrowed from the CDBG Economic Development Revolving Loan Fund two times before; the first loan, for $100,000, was made in June 1998 and has been fully repaid; the second loan, for $200,000, was made in February 2002 and has an outstanding principal balance of $142,000. Given the track record of this company in repaying its loans, the Committee has forwarded a recommendation for approval of a $250,000 loan for a period of five years at 5 percent interest. Mr. Mike McCue, Chief Executive Officer, stated that LigoCyte has created 26 new positions over the past several years, with an average salary of $52,500; and over 70 percent of those positions have been filled by Montana State University students. The company continues to make progress on various drug development programs, and plans to construct a 17,000-square-foot facility in the Advanced Technology Park to house their operations. The requested loan will provide them with working capital and help to meet their short-term needs. He indicated that their Department of Defense contract has been expanded, and their licensing agreements with laboratories will result in milestone payments totaling $23 million over the next few years. Mr. McCue recognized that the CDBG Economic Development Loan Review Committee has recommended approval of a $250,000 loan rather than the $500,000 loan that LigoCyte had requested. He asked that the Commission consider increasing the loan to the $500,000 requested rather than the $250,000 recommended by the Committee, noting that the additional monies will allow for the addition of more employees immediately to assist with design. He indicated that, with the revenues that will begin the first quarter of next year, the company can handle the additional debt load. Responding to Commissioner Cetraro, Mr. McCue stated that if the Commission approves the loan for $250,000, the company will continue operating as it has and will try to find other sources of funding for capital acquisitions and hiring of more personnel. He indicated that the company has a commitment from a bank for $3 million to construct a new facility. Responding to Commissioner Youngman, Mr. McCue indicated the company would consider paying the monies back earlier than the five-year term of the loan. Responding to Commissioner Hietala, Mr. McCue reiterated that the company has received a significant grant and contract revenues. He noted that several drug development programs are internally funded, and he feels the company is well positioned to take advantage of market opportunities to meet major medical needs when they become available. Mr. Lowell Springer spoke on behalf of the Advanced Technology Park, encouraging the Commission to approve a loan for the higher amount. He reviewed the mission statement for the technology park, and noted that this company helps meet that statement. He also noted that it provides opportunities to keep MSU students in the community. Ms. Cynthia Evans stated that when the CDBG Loan Review Committee made its recommendation, it took into consideration the fact that Commission Resolution No. 3488 states that the maximum for any one project will generally not exceed $250,000 and the fact that approving a $500,000 loan would result in 45 percent of that fund's balance into one company. She recognized that LigoCyte's revenues and capital would support a much larger loan than the $250,000 recommended by the Committee. Responding to Mayor Kirchhoff, Ms. Evans stated that, if the Commission approves this loan for $250,000 and the loan for $95,000 requested in the next agenda item and if the request now being considered by the Committee for a $250,000 loan is approved at a later date, the fund would have a balance of $150,000. She indicated that, while the Gallatin Development Corporation has received inquiries about these monies, there appear to be no other firm applications on the horizon. She noted that once these monies are used, the City can go to the Department of Commerce and request monies to fund a specific project. The Commissioners discussed a variety of options for approving a loan in an amount ranging from $250,000 to $400,000, since there are not adequate monies in the CDBG Economic Development Revolving Loan Fund to cover this application for $500,000 and the other two requests coming through the system. 1 0-06-03 , - 4 - . City Manager Johnson acknowledged the concerns about the fact that a large loan to this company will result in a portfolio that is heavy in one area; however, he noted that this is a company that, as a banker, he would be comfortable loaning monies. He also noted that drawing the fund down will give the City an opportunity to seek additional monies for this fund. It was moved by Commissioner Brown, seconded by Commissioner Youngman, that the Commission approve the application for loan from the CDBG Economic Development Revolving Loan Fund for LigoCyte Pharmaceuticals, Inc., in the amount of $300,000, for a five-year period at an interest rate of 5 percent. It was moved by Commissioner Hietala, seconded by Commissioner Youngman, that the motion be amended to approve a $400,000 loan, for a five-year period at an interest rate of 5 percent. The amendment carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Youngman, Commissioner Cetraro and Mayor Kirchhoff; those voting No being Commissioner Brown. The main motion, as amended, then carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Youngman, Commissioner Hietala and Mayor Kirchhoff; those voting No being Commissioner Cetraro. Review of aoolication for loan from the CDBG Economic Develooment Revolving Loan Fund - BridaeBand Communications. Inc. Included in the Commissioners' packets was information on the application for a loan from the Community Development Block Grant Economic Development Revolving Loan Fund, as submitted by BridgeBand Communications. Ms. Cynthia Evans, Acting Director of the Gallatin Development Corporation, presented the report on behalf of the CDBG Economic Development Loan Review Committee. She stated that BridgeBand Communications has requested a $95,000 loan to assist in the purchase of fiber optic line, with the loan to be matched by a $200,000 project windfall. She noted that the company anticipates to add two positions immediately, with five more positions to be added in the next few years. Much of the revenues for this company is generated outside Gallatin County. With the addition of fiber optic service, some of the payments currently being made to Qwest could be made to a local company instead. Ms. Evans noted this company has been in business since 1999. After reviewing this application, the Committee forwarded a recommendation for approval of the $95,000 loan, at 5 percent for 5 years, with payments of interest only for the first nine months. Mr. Brian Prahl, General Manager of BridgeBand Communications, noted that the company is a Bozeman based company that has provided high-speed DSL service for over four years. The company employs 9 full-time and 3 part-time people. Its revenues and number of employees have grown over 50 percent this year, and the company expects that trend to continue or accelerate. Mr. Prahl stated that adding a fiber optic network will give the company a competitive advantage and will provide a network in the community that will attract quality businesses. He concluded by encouraging approval of the requested loan. Responding to questions from the Commission, Mr. Andy Cochenour indicated that the fiber optic system is strictly in the local metro area, connecting existing lines, and is not an interstate system. He noted that the longest connection is 10 miles. As a result, he does not believe the result would be overexpanding of the system like other companies such as Touch America have experienced. He then indicated that the company has several customers signed and waiting for the type of service that the company could provide with this loan. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the application for loan from the CDBG Economic Development Revolving Loan Fund for BridgeBand Communications, Inc., in the amount of $95,000, for a five-year period at an interest rate of 5 percent, with interest only payments for the first nine months, be approved. The motion carried by the following Aye and No vote: 1 0-06-03 . . - 5 - those voting Aye being Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No, none. Break - 7:55 to 8:05 O.m. Mayor Kirchhoff declared a break from 7:55 p.m. to 8:05 p.m., in accordance with Commission policy. Uodate from Montana Deoartment of Transoortation re traffic study on Huffine Lane Distributed just prior to the Commission meeting was a letter from the Montana Department of Transportation, dated September 22, 2003, forwarding information on the speed zone investigation on Huffine Lane. Mr. Lee Alt, Butte District Traffic Engineer for Montana Department of Transportation, reviewed the report and findings. Based on the findings of the expedited speed study, MDoT staff is recommending no change in the speed limit on Huffine Lane. Also, because of the expedited process, he indicated that the deadline for public comment is October 10; and discussion and public comment on this issue has been scheduled on the agenda for the Montana Transportation Commission's November 7 meeting in Helena. He noted that comments can be submitted through the City or to the Montana Department of Transportation staff. Mr. Alt reviewed the five-lane configuration of Huffine Lane, noting that the current speed limits were established in 1998, upon completion of major road improvements. He stated that the accident experience for the three-year period including 2000, 2001 and 2002 revealed an accident rate of 1.2 per million miles traveled, which is well below the average of 1.52 per million miles traveled for this type of roadway. He indicated that the speed limit is generally set at the 85th percentile of speed, noting that is reflective of what is considered a safe speed by reasonable and prudent drivers. He then noted that the pace is the 10-miles- per-hour rate at which the highest percentage of drivers travel. During the speed study, samples were taken at five locations within the 65-mile-hour speed limit. The results show that traffic moved between 60 and 62 miles per hour at Ferguson Avenue; 63 to 65 miles per hour between Ferguson Avenue and Cottonwood Road; 69 miles per hour at Gooch Hill road; between 69 and 71 miles per hour at Love Lane; 67 miles per hour at Cobb Hill Road. Two samples were also taken in the 55-mile-per-hour zone; and those revealed traffic moving between 63 and 66 miles per hour at Middle Creek bridge, and 63 miles per hour between Big Chief Trail and Monforton Road. One sample taken in the center of the 45-mile-per-hour zone revealed the 85th percentile speeds were between 56 and 57 miles per hour. He indicated that these statistics are consistent with the results of the 1998 study, where there was no posted daytime limit. Mr. Alt noted that Huffine Lane is a young road with low traffic volumes and is operating below state- wide averages for accidents. He noted that vehicle conflicts are minimal to non-existent. Also, the 65-mile- per-hour speed limit is consistent with national and state standards for this type of roadway. As a result, the MDoT staff's recommendation is to leave the speed limit at 65 miles per hour. Responding to Mayor Kirchhoff, Mr. Alt stated that the Department will take City recommendations and run them through the process, forwarding the recommendation and study results to the Montana Transportation Commission for a decision. Mayor Kirchhoff recognized the procedure and authority of the Montana Department of Transportation. He noted, however, the City Commission's job is slightly different, since it includes a commitment to the safety of its citizens. Commissioner Cetraro asked if the City Commission can take action to decrease the speed as the roadway enters city limits. Mr. Alt responded that the Montana Transportation Commission sets speed limits. He then indicated that the addition of warning signs might be an option to consider. 1 0-06-03 . - 6 - . Commissioner Youngman noted that the written report reflects speeds between 53 and 54 miles per hour between Fowler Avenue and Ferguson Avenue and suggested that a 55-mile-per-hour speed limit may be appropriate in that area. She stressed that the Commission is most concerned about the speeds through the Ferguson Avenue intersection. She then noted that when the Commission met with local Montana Department of Transportation personnel shortly after the two fatal accidents, both long-term and short-term solutions were discussed. At that time, it seemed that putting up additional warning signage about the pedestrian crossing at Ferguson Avenue and having the traffic signals operational all night long were options that could be implemented quickly; but nothing has happened to date. Mr. Jeff Ebert, Butte District Administrator, stated the request to change from night time flashing is currently sitting on his desk; and he is trying to determine whether the City or the State is responsible for that reprogramming. He then asked if this is the only signal to be reprogrammed or if others are to be included. He expressed a commitment to getting crossing signs erected quickly. He concluded by noting that an access control study for the entire corridor is to be undertaken, with the results and recommendations to be available within the next year or two. Ms. Ronda Hutson submitted a petition with a little over 1,300 signatures requesting a lower speed limit on Huffine Lane. She noted that the two recent accidents are not the only ones that have occurred on Huffine Lane, and concerns extend from Bozeman to Four Corners. She expressed appreciation for the City Commission's support and asked the Montana Department of Transportation to reduce the speed limit. She noted there are many roads around Bozeman with lots of deaths, and she is concerned that with the growing population and new subdivisions around the area, there will be more tragic deaths if the speed limits are not adjusted. She then expressed her interest in seeing the speed limit on Huffine Lane at Ferguson Avenue reduced to 55 miles per hour, or preferably 45 miles per hour if possible. Responding to Director of Public Service Debbie Arkell, Mr. Alt indicated that the Montana Transportation Commission can set the speed limit at whatever it desires, although the preference is to base the limit on engineering studies. Mayor Kirchhoff noted that it is important to have the City represented at the November 7 Montana Transportation Commission meeting and indicated his desire to attend. He also suggested that Director of Public Service Arkell and/or City Engineer Hixson plan to attend. Public hearing - work olan and budaet for the Downtown Business Imorovement District (BID) for Fiscal Year 2003-2004 This was the time and place set for the public hearing on the work plan and budget for the Downtown Business Improvement District (BID) for Fiscal Year 2003-2004. Mayor Kirchhoff opened the public hearing. Ms. Thail Davis, Assistant Director of the Downtown Bozeman Partnership, noted the work plan and budget were discussed at the September 22 Commission meeting, and indicated a willingness to respond to questions. Responding to City Manager Johnson, Ms. Davis stated that the Board has chosen to increase the BID assessment over the next five years to increase the annual revenues from $50,000 to $100,000. She noted there are currently several downtown projects being funded through the tax increment financing district, which sunsets in four years that need to be transferred to the business improvement district if they are to continue. City Manager Johnson cautioned that the resolution levying assessments for the upcoming year is based on generating $50,000, as it has in the past, rather than the $60,000 reflected under this work plan and budget. No public comment was received on the work plan and budget. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. 1 0-06-03 . ; - 7 - It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the work plan and budget for the Downtown Business Improvement District (BID) for Fiscal Year 2003-2004 be approved. 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. Public hearing - Commission Resolution No. 3621 - levving and assessing Business Imorovement District (BID) for Fiscal Year 2004 This was the time and place set for the public hearing on levying and assessing the Business Improvement District (BID) for Fiscal Year 2004, as established by Commission Resolution No. 3621, entitled: COMMISSION RESOLUTION NO. 3621 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2004 UPON ALL REAL PROPERTY IN THE BUSINESS IMPROVEMENT DISTRICT, LOCATED IN THE CITY OF BOZEMAN'S DOWNTOWN AREA, TO DEFRAY THE ESTIMATED COST AND EXPENSE TO BE INCURRED IN THE BUSINESS IMPROVEMENT DISTRICT FOR THE FISCAL YEAR. Mayor Kirchhoff opened the public hearing. City Manager Johnson recommended that, since the resolution as written provides for $50,000 in revenues rather than the increase to $60,000 reflected in the work plan and budget approved in the previous agenda item, this item be tabled for one week to give staff an opportunity to prepare a revised resolution for consideration. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that this item be tabled for one week, per the City Manager's recommendation. 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. Public hearina - Commission Resolution No. 3622 -Ievving and assessina liahting districts for Fiscal Year 2004 This was the time and place set for the public hearing on levying and assessing lighting districts for Fiscal Year 2004, as established by Commission Resolution No. 3622, entitled: COMMISSION RESOLUTION NO. 3622 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING MAINTENANCE AND ELECTRICAL CURRENT COSTS FOR SPECIAL IMPROVEMENT LIGHTING MAINTENANCE DISTRICTS OF THE CITY OF BOZEMAN. . Mayor Kirchhoff opened the public hearing. Administrative Services Director Miral Gamradt noted there are 29 lighting districts within city limits. He stated the City pays the electrical costs of these districts throughout the year; and this resolution assesses the actual payments made by the City during Fiscal Year 2003 for each of these districts. No public comment was received on this resolution. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. 1 0-06-03 , - 8 - . It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that Commission Resolution No. 3622, levying and assessing lighting districts for Fiscal Year 2004, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. Public hearina - Commission Resolution No. 3623 - levyina and assessing 2001 Sidewalk Program This was the time and place set for the public hearing on levying and assessing the 2001 Sidewalk Program, as established by Commission Resolution No. 3623, entitled: COMMISSION RESOLUTION NO. 3623 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AN ASSESSMENT AND TAX AGAINST EACH LOT OR PARCEL OF LAND IN FRONT OF WHICH SIDEWALKS, CURBS, GUTTERS, AND ALLEY APPROACHES OR ANY COMBINATION THEREOF HAVE BEEN CONSTRUCTED UNDER ORDER OF CITY COMMISSION DATED MAY 15, 2000, FOR THE 2001 SIDEWALK PROGRAM, TO DEFRAY THE COST OF CONSTRUCTION OF SAID SIDEWALKS, CURBS, GUTTERS AND ALLEY APPROACHES OR ANY COMBINATION THEREOF. Mayor Kirchhoff opened the public hearing. Administrative Services Director Miral Gamradt gave a brief overview of the assessments under this resolution. He noted that the Commission periodically creates a sidewalk installation program, under which sidewalks are ordered to be constructed along specific streets. The property owners may install those sidewalks or have the City install them. If the sidewalks are included in the City installation, the City accumulates the costs, adds administrative fees and a revolving loan fund fee, and then assesses the property owners over a five-year period. He noted that the property owners may payoff the entire balance at any time during the five-year period. Responding to Commissioner Hietala, the Director indicated the City bears the costs of any alley approach repairs needed in conjunction with the installation. Further responding to Commissioner Hietala, Engineering Assistant Andy Kerr stated that approximately $20,000 is budgeted annually for curb replacement; and it costs approximately $30 per foot to do so. He acknowledged that there are many bad curbs in the community, and staff receives calls about those curbs. Responding to Commissioner Cetraro, the Engineering Assistant noted that the 2001 sidewalk program generated little public comment. He stated, however, that the installation of sidewalks in some parts of the community can generate a significant amount of public comment and opposition. No public comment was received on this resolution. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that Commission Resolution No. 3623, levying and assessing the 2001 Sidewalk Program, be finally adopted. 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 hearina - Commission Resolution No. 3624 - lewing and assessing delinauent aarbaae collections for Fiscal Year 2003 This was the time and place set for the public hearing on levying and assessing delinquent garbage collections for Fiscal Year 2003, as established by Commission Resolution No. 3624, entitled: 1 0-06-03 . . - 9- COMMISSION RESOLUTION NO. 3624 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONT ANA, TO DEFRAY THE COST AND EXPENSE OF COLLECTING, REMOVING AND DISPOSING OF SOLID WASTE. Mayor Kirchhoff opened the public hearing. Administrative Services Director Miral Gamradt noted that the assessments under this resolution reflect delinquent garbage collection fees for last fiscal year, and result in assessments on the current property owner. No public comment was received on this resolution. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that Commission Resolution No. 3624, levying and assessing delinquent garbage collections for Fiscal Year 2003, be finally adopted. 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. Public hearina - Commission Resolution No. 3625 -Ievvina and assessing delinquent sewer charaes for Fiscal Year 2003 This was the time and place set for the public hearing on levying and assessing delinquent sewer charges for Fiscal Year 2003, as established by Commission Resolution No. 3625, entitled: COMMISSION RESOLUTION NO. 3625 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO COLLECT DELINQUENT SEWER CHARGES PLUS COSTS AND EXPENSES INCURRED BY THE CITY OF BOZEMAN, AS PROVIDED FOR IN SECTION 7-13-4309, MONT ANA CODE ANNOTATED. Mayor Kirchhoff opened the public hearing. Administrative Services Director Miral Gamradt stated that this resolution places delinquent sewer charges from last fiscal year as an assessment on the current property owner. No public comment was received on this resolution. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that Commission Resolution No. 3625, levying and assessing delinquent sewer charges for Fiscal Year 2003, be finally adopted. 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. 1 0-06-03 . - 10- . Public hearina - Commission Resolution No. 3626 -Iewing and assessina delinauent sidewalk reoair charges for Fiscal Year 2003 This was the time and place set for the public hearing on levying and assessing delinquent sidewalk repair charges for Fiscal Year 2003, as established by Commission Resolution No. 3626, entitled: COMMISSION RESOLUTION NO. 3626 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO COLLECT SIDEWALK REPAIR CHARGES PLUS COSTS AND EXPENSES INCURRED BY THE CITY OF BOZEMAN, AS PROVIDED FOR IN CHAPTER 12.20 OF THE BOZEMAN MUNICIPAL CODE. Mayor Kirchhoff opened the public hearing. Administrative Services Director Miral Gamradt stated that this resolution assesses unpaid sidewalk repair bills. He noted that once the repair work is completed, the costs are billed through the City's accounts receivable process. As long as the owner pays on the bill, the account remains active; no payments are currently being made on the delinquent list. No public comment was received on this resolution. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that Commission Resolution No. 3626, levying and assessing delinquent sidewalk repair charges for Fiscal Year 2003, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. Public hearina - Commission Resolution No. 3627 w lewina and assessing delinauent snow removal charaes for Fiscal Year 2003 This was the time and place set for the public hearing on levying and assessing delinquent snow removal charges for Fiscal Year 2003, as established by Commission Resolution No. 3627, entitled: COMMISSION RESOLUTION NO. 3627 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO DEFRAY THE COST AND EXPENSE FOR REMOVAL OF SNOW AND ICE FROM SIDEWALKS IN THE CITY OF BOZEMAN UNDER THE PROVISIONS OF CHAPTER 12.24 OF THE CITY OF BOZEMAN MUNICIPAL CODE. Mayor Kirchhoff opened the pUblic hearing. Administrative Services Director Miral Gamradt stated the list reflects snow removal bills that remained unpaid at the end of Fiscal Year 2003. No public comment was received on this resolution. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. 1 0-06-03 . . - 11 - It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that Commission Resolution No. 3627, levying and assessing delinquent snow removal charges for Fiscal Year 2003, be finally adopted. 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 - Certificate of Aoorooriateness to allow demolition of existina Dorch and construction of new oorch on residence located on the center 56-foot by 100-foot olus the 15-foot by 50-foot oortion of the west oortion of Lot E. GUY'S Second Addition. with deviation from Section 18.30.050. Bozeman Municioal Code. to allow Dorch to encroach 7 feet into the reauired 20-foot front yard setback - Jeff Pelton for 512 Dell Place (Z-03222) This was the time and place set for the public hearing on the Certificate of Appropriateness requested by Jeff Pelton under Application No. Z-03222, to allow demolition of an existing porch and construction of a new porch on the residence located on the center 56-foot by 100-foot plus the 15-foot by 50-foot portion of the west portion of Lot E, Guy's Second Addition, with a deviation from Section 18.30.050 of the Bozeman Municipal Code to allow the porch to encroach 7 feet into the required 20-foot front yard setback. The subject property is located at 512 Dell Place. Mayor Kirchhoff opened the public hearing. Assistant Planner Dara MacDonald presented the staff report. She stated the existing porch encroaches 5 feet into the required setback and is fully enclosed; and the new porch is to encroach 7 feet into the 20-foot front yard setback, with half of the porch to be enclosed and half to be covered. The Assistant Planner stated that staff has reviewed this application in light of the applicable criteria, and staff's findings are contained in the written staff report. A review of the area revealed that similar encroachments exist in the area. As a result of its review, staff has forwarded a recommendation for approval, subject to five conditions. Mr. Jeff Pelton, applicant, indicated a willingness to respond to questions. No public comment was received in opposition to the project. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Certificate of Appropriateness requested by Jeff Pelton under Application No. Z-03222, to allow demolition of an existing porch and construction of a new porch on the residence located on the center 56-foot by 100-foot plus the 15-foot by 50-foot portion of the west portion of Lot E, Guy's Second Addition, with a deviation from Section 18.30.050 of the Bozeman Municipal Code to allow the porch to encroach 7 feet into the required 20-foot front yard setback, be approved subject to the following conditions: 1. For all new windows, non-reflective exterior window cladding shall be used; 2. Said windows will have similar design features as windows on the remainder of the house; 3. Siding and roofing shall match materials on the remainder of the house; 4. The applicant shall obtain a demolition permit and a building permit within one year of Certificate of Appropriateness approval or this approval shall become null and void; 5. 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 1 0-06-03 . - 12 - . undertaking said modifications, as required by Section 18.62.040 of the Bozeman Municipal Code. 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. Public hearing - Certificate of Aoorooriateness to allow construction of new oole-mounted sian on Lots 18-21. Block D. Tracy's Addition. with deviations from Section 18.65.070.A.1.. Bozeman Municioal Code. to allow new sian to encroach 9 feet into the reauired 15-foot setback for a pole- mounted sign. and from Section 18.30.080.A.. to allow sian to be located within the street vision trianale - Rainbow Sian. Inc.. for G.M. Hubbard (Bamboo Garden. 421 West Main Street) (Z-03227) This was the time and place set for the public hearing on the Certificate of Appropriateness requested by Rainbow Sign, Inc., for G.M. Hubbard under Application No. Z-03227, to allow the construction of a new pole-mounted sign on Lots 18-21, Block D, Tracy's Addition, with deviations from Section 18.65.070.A.1. of the Bozeman Municipal Code, to allow the new sign to encroach 9 feet into the required 15-foot setback for a pole-mounted sign, and from Section 18.30.080.A.. to allow the sign to be located within the street vision triangle. The application is for the Bamboo Garden, located at 421 West Main Street. Mayor Kirchhoff opened the public hearing. Assistant Planner Dara MacDonald presented the staff report. She stated that staff has reviewed this application to allow a new pole-mounted sign on the property at the northeast corner of the intersection of West Main Street and North 5th Avenue, the site of the former 4B's restaurant, in light of the applicable criteria. She highlighted the deviations that accompany this application, to allow the sign to encroach 9 feet into the required 15-foot setback and within the street vision triangle. The Assistant Planner stated that staff has reviewed this application in light of the applicable criteria and staff's recommendations are contained in the written staff report. She briefly highlighted those findings, noting that the Design Review Board has reviewed this application and forwarded a recommendation for denial. She noted that the Board has recommended the applicant consider a monument sign outside the street vision triangle or building-mounted signage rather than the pole sign. She indicated that, if the Commission chooses to approve the application, staff has recommended three conditions. Responding to Mayor Kirchhoff, the Assistant Planner stated the applicant had initially proposed a monument sign within the street vision triangle, and the Engineering staff suggested a pole sign instead. She then indicated that staff's recommendation is for a monument sign located along the West Main Street frontage outside the street vision triangle. Mr. Lowell Springer, representing the property owners, stated that the existing pole sign has been on the site for several years, serving the former restaurant. He noted the property owners have requested that the pole sign be allowed to remain, with the new sign being smaller than the previous sign. He cautioned that locating a monument sign along West Main Street in an area other than at the corner could create traffic flow problems. As a result, he asked that the existing pole sign be allowed to remain and be re-used for this new restaurant. No public comment was received in opposition to the proposed signage. Assistant Planner Dara MacDonald cautioned that the subject property is not located within an entryway corridor, so a deviation to allow a large sign to remain is not possible. Commissioner Hietala voiced his concerns about the sign code, stating he feels it needs revision. He then indicated that some monument signs are not readily seen, and visibility is imperative to the success of a business. He indicated that, while he does not support a large pole-mounted sign, he feels there are options for compromise. 1 0-06-03 . . - 13 - Commissioner Brown stated his concurrence with Commissioner Hietala's comments; however, he noted this is an opportunity to bring the property into compliance and, as a result, he does not support allowing the existing sign to remain. Responding to Commissioner Youngman, Planning Director Epple indicated that if the Commission does not approve this application, staff will work with the applicant to develop a signage package that complies with the code. Commissioner Youngman stated she finds the existing sign is an intrusive element that degrades the quality of the business environment along West Main Street, even when it is not illuminated at night. Commissioner Cetraro stated he has seen business nearly double when a small, low sign was replaced with a larger sign. As a result, he supports this application. Mr. Springer noted that the restaurant is nearly ready to open; and signage is critical. He asked that an acceptable sign package be developed as quickly as possible so the applicant can advertise his business appropriately. Commissioner Youngman suggested one alternative would be for staff to grant approval of a temporary sign adjacent to the street while the permanent signage is being completed. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the Certificate of Appropriateness requested by Rainbow Sign, Inc., for G.M. Hubbard under Application No. Z -03227. to allow the construction of a new pole-mounted sign on Lots 18-21, Block D, Tracy's Addition, with deviations from Section 18.65.070.A.1. of the Bozeman Municipal Code, to allow the new sign to encroach 9 feet into the required 15-foot setback for a pole-mounted sign, and from Section 18.30.080.A., to allow the sign to be located within the street vision triangle, be approved sUbject to the following conditions: 1. The applicant shall obtain a sign permit and, if necessary, a building permit within one year of Certificate of Appropriateness approval or this approval shall become null and void. Said sign permit shall be obtained prior to the installation of the sign. 2. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness application. Any modifications to the submitted and approved drawings shall require review and approval by the Planning Office prior to undertaking said modifications, as required by Section 18.62.040 of the Bozeman Municipal Code. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Cetraro and Commissioner Hietala; those voting No being Commissioner Brown, Commissioner Youngman and Mayor Kirchhoff. Public hearing - Conditional Use Permit with Certificate of Aoorooriateness - allow construction of a new 7 .858-sauare-foot restaurant. an 11.700-sauare-foot retail building. and a 12.676-sauare-foot retail buildina on Lot 55. StoneRidge PUD Minor Subdivision. with deviation from Section 18.50.110.. Bozeman Municioal Code. to allow 7 fewer parkina soaces than reauired - Sorinaer Grouo Architects for Caoe/France. Inc. (Old Chicaao Center. 1945 Commerce Way) (Z-03202) This was the time and place set for the public hearing on the Conditional Use Permit with Certificate of Appropriateness requested by Springer Group Architects for Cape/France, Inc., under Application No. Z-03202, to allow the construction of a new 7,858-square-foot restaurant serving alcoholic beverages, an 11, 700-square-foot retail building, and a 12.676-square-foot retail building on Lot 55, StoneRidge PUD Minor Subdivision, with deviation from Section 18.50.110. of the Bozeman Municipal Code, to allow 7 fewer parking spaces than required. The project is known as the Old Chicago Center, located at 1945 Commerce Way. 1 0-06-03 . - 14 - . Mayor Kirchhoff opened the public hearing. Assistant Planner Dara MacDonald presented the staff report. She gave a brief overview of this application, noting that the subject property is located along the east side of North 19th Avenue, between Mountain West Bank and Pier 1. She indicated that staff has reviewed this application under the applicable criteria, and staff's comprehensive findings are contained in the written staff report. She noted that the conditional use permit is required to allow the serving of alcoholic beverages in conjunction with the restaurant; and the requested deviation allows for providing seven less parking spaces than required under the code. She concluded by forwarding staff's recommendation for approval, subject to 40 conditions. Mayor Kirchhoff noted this application was considered twice by the Design Review Board, and asked for additional information regarding signage, landscaping and outdoor amenities that resulted from those reviews. Assistant Planner MacDonald indicated that the sign application has not yet been fully completed. She then noted that the redesign resulting from the first review by the Design Review Board was done very quickly and, as a result, the landscape plan was rushed and incomplete. As a result, conditions have been included to require additional boulevard trees and greenway landscaping, additional trees in the parking lot and screening for the loading areas. Responding to questions from Mayor Kirchhoff, the Assistant Planner stated the buildings in the initial plans were more box-like and oriented toward the street, with a majority of the parking being adjacent to North 19th Avenue. She noted that the redesign has resulted in buildings with more character and oriented to move parking away from the North 19th Avenue frontage. She then indicated that outdoor amenities have been included close to each of the three buildings in conjunction with the redesign. Responding to Commissioner Brown, the Assistant Planner noted that the gaming room will probably have close to the maximum number of machines allowed under the code. Mr. Lowell Springer, architect representing the applicant, distributed new plans for the development. He noted the input from the Design Review Board was very good, and he took it very seriously as he developed the new design. He stated the new design addresses the applicant's needs better and provides a better appearance. He acknowledged that some of the landscaping was missing from the redesign, and he has agreed to add the missing elements. He turned his attention to the number of parking spaces, noting that there are opportunities for shared parking because of the peak hours of operation for the various uses. Mr. Springer turned his attention to the gaming room, noting that Old Chicago is family oriented, and not geared toward casino operations. He then indicated that the applicant agrees with all of the conditions, except for Nos. 1 and 2, which require submitting copies of the State and City liquor license prior to final site plan approval. He asked that, given the timeline and requirements for issuance of those licenses, the copies be required prior to occupancy. Responding to Commissioner Youngman, Mr. Don Cape, Jr., stated that Old Chicago is to be a nonsmoking facility. Commissioner Youngman expressed her appreciation, noting that the recent State legislation does allow for smoking in establishments with gaming machines. Responding to Commissioner Brown, Mr. Cape stated that a full liquor license is required under the Old Chicago franchise; however, beer and wine are typically the beverages served. He noted the menu will indicate that cocktails are available upon request, but the full beverage service will not be marketed. No public comment was received in opposition to the project. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the Conditional Use Permit with Certificate of Appropriateness requested by Springer Group Architects for Cape/France, Inc., under Application No. 2-03202, to allow the construction of a new 7,858-square-foot 1 0-06-03 . . - 15- restaurant serving alcoholic beverages, an 11 ,700-square-foot retail building, and a 12,676-square-foot retail building on Lot 55, StoneRidge PUD Minor Subdivision, with deviation from Section 18.50.110. of the Bozeman Municipal Code, to allow 7 fewer parking spaces than required, be approved subject to the following conditions: 1. The applicant shall obtain a City of Bozeman Liquor License, and provide the Planning Office with a copy of the license, prior to final occupancy. 2. A copy of the State Revenue Department On-Premise Liquor License to serve alcohol in the gaming room and restaurant at 1945 Commerce Way shall be submitted to the Planning Department prior to final occupancy. Furthermore, any expansion, modification, or enlargement in the scope of the on premise restaurant liquor license or its use, as established as of the date of issuance of the license, will require another authorized Conditional Use Permit. 3. That the applicant provide a typical cross section of the Greenway Corridor that includes the proposed landscape and existing pedestrian trail and drainage swale, that the Landscape Plan delineates the final topography of the drainage swale situated between the North 19th Avenue right-of-way and proposed structures, and that the applicant provide a notation on the final site plan guaranteeing the maintenance and upkeep of the landscape features and turf situated between North 19th Avenue and the drainage swale, for review prior to final site plan approval. 4. The doors on the trash enclosures shall be constructed of solid material to match the style and materials of the adjacent buildings. 5. The architectural design is subject to review and approval by the StoneRidge Community Design Committee prior to final review and approval by the City of Bozeman. Applicant shall ensure that this review and approval has been met by the time of final site plan review. A letter from this committee with acceptance of the project shall be submitted with the final site plan package. 6. The proposed boulevard trees along North 19th Avenue shall be a minimum of two species of trees. They should be hearty, naturalized species that will grow well in a rather windy and exposed microclimate. 7. The site and architectural design is subject to the "Development Manual" review criteria of the StoneRidge Subdivision PUD. The following shall be implemented or addressed prior to final site plan approval: a. Consideration should be given for enriched passive recreational areas, landscaped areas and sculptures; therefore the applicant shall provide outdoor amenities, such as picnic tables, benches, sculptures, etc., in the areas adjacent to the two retail buildings and near the restaurant. The final site plan shall include details of proposed amenities, including location. b. Applicant shall construct the proposed trash enclosures utilizing the same materials as the proposed main buildings in order to better match the architectural character and materials of the proposed buildings, SUbject to review and approval by the Planning Department and the StoneRidge Architectural Review Committee. c. Plantings along North 19th Avenue shall be a mix of conifers, deciduous trees and lawn placed in selected areas on earthen berms to create a series of mixed groves that provide the overall project with a dramatic green skyline as well as serving as a buffer from winds. 1 0-06-03 . - 16- . d. All side and rear yards shall have a minimum ten foot wide planting strip between building or parking lot and property line, per "Development Manual." e. All lighting shall be designed to meet the minimum requirements of the PUD. f. All roof mounted equipment including, but not limited to HV AC units, vents and miscellaneous units, must be integrated into the overall roof design. All rooftop and/or exterior mechanical equipment, including ground-mounted, must be screened from view and must be shown on the final site plan. All equipment and locations are subject to review and approval of the Planning Department. g. All significant intersections between pedestrian traffic and vehicular traffic within the subdivision will be provided with stamped asphalt pedestrian crossings. These crossings shall be of a different color and texture than that of the rest of the parking area similar in style as to those previously installed within prior phases of the StoneRidge PUD. This guideline would apply to the intersection of the drive access and Commerce Way. 8. A color rendering and/or a material palette, including brick type, cultured stone, DryVit or synthetic stucco, roofing material, etc., shall be submitted to the Planning Department for review and approval prior to any approval of final site plan. 9. The final site plan will show the addition of canopies over the entry doors along the North and East elevations of Building A. 10. The right to a Conditional Use Permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. All of the special conditions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his/her successors or assigns, and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the commencement of use. 11. The applicant shall submit receipt of the recording of the Conditions of Approval for the Conditional Use Permit with the final site plan submittal package. 12. 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 Planning Department. 13. 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. 14. A Certificate of Appropriateness (COA) shall be issued to applicant at which time a final site plan has been approved by the Planning Director. The COA is valid for one year from date of issuance. The COA shall be displayed prominently during construction. 15. A building permit must be obtained prior to the work, and must be obtained within one year of final site plan approval. Building permits will not be issued until the final site plan is approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of the final site plan, including excavation and footing preparation, but NO CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED. 1 0-06-03 . . - 17 - 16. The applicant shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements at the time of final site plan submittal. If occupancy of the structure is to occur prior to the installation of all required on-site improvements, the Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve (12) months; however, all on-site improvements shall be completed by the applicant within nine (9) months of occupancy to avoid default on the method of security. 17. That all roof-top and/or ground-mounted mechanical equipment shall be noted accordingly on the site plan and exterior elevations, and shall be properly screened from adjoining properties and public streets, and that typical details of all screening devices shall be noted accordingly on the site plan, for review and approval prior to final site plan approval. The exterior elevations shall delineate the placement and height of all rooftop mechanical equipment in relationship to the top of the parapet wall and/or screening device and the site plan shall locate all utility equipment, including ground-mounted mechanical power and telephone boxes, as well as a typical detail(s) illustrating the materials, color, and method of screening used to screen the equipment from adjacent properties and public streets, for review and approval by the Planning Office prior to final site plan approval. 18. That the applicant upon submitting the final site plan for approval by the Planning Director and prior to issuance of a building permit, will also submit a written narrative outlining how each of the above conditions of approval have been satisfied. 19. 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. 20. According to Section 18.50.035.A of the Bozeman Municipal Code, lighting plan shall incorporate deflection of light downward and away from existing properties. All proposed light fixtures and lamps must be designed within the code requirements. Applicant shall provide the Planning Office with manufacturer cut sheets for all proposed light fixtures, including those mounted on the building exteriors. 21. All landscape plans shall meet the requirements of the Mandatory and Landscape Performance Standards, with the exception that one 1.5-inch to 1. 75-inch caliper tree shall be installed for every ten, not nine, parking spaces within the parking lot, per "Development Manual." The Landscape Plan submitted September 18, 2003 shall be modified to meet the requirements of the Bozeman Municipal Code by addressing the following: a. Section 18.49.060.0 "Screening of Off-Street Loading Spaces" requires that all off-street loading spaces must be screened from pUblic view by at least six feet in height. b. Section 18.49.070 "Landscape Performance Standards" requires that the applicant achieve 15 points for landscaping beyond the mandatory requirements. c. Section 18.54.110.F "Greenway Corridor Landscape Standards" requires the design of a formal streetscape in concert with a park- like setting. The requirements of subsection (a) "Formal Streetscape", for one large canopy tree every 50 feet shall be met. 1 0-06-03 . . - 18- 22. The Water Department does not allow 3-inch fire services; they must be either 2- inch or 4-inch. 23. The Water Department strongly suggests larger water stubs. Reductions must be done 18 inches off the property side of the curb stop. 24. Applicant will be responsible for backfilling, compaction, supplying of coffin boxes, and the asphalting of the trenches. 25. The Water Department will tap the water and sewer services, supply the saddles, valves, and corporation stops, and inspection of services to property prior to backfilling. 26. Applicant will apply for and pay street cut permits, and applications for water and sewer services. 27. The final site plan shall be adequately dimensioned. A complete legend of all line types used shall also be provided. 28. A Stormwater Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease, and other pollutants must be provided to and approved by 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. 29. 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 or fire protection system. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. 30. Sewer and water services shall be shown on the final site plan and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. 31. 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". 32. The drive approach shall be constructed in accordance with the City's standard approach (Le., concrete apron, sidewalk section and drop curb) and shown as such on the final site plan. 33. 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. 34. 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. 35. All existing utility and other easements must be shown on the final site plan. 36. 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). 1 0-06-03 . . - 19 - 37. Drive approach sight triangles shall be free of plantings which at mature growth will obscure vision within the sight triangle. 38. 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 Road including paving, curb/gutter, sidewalk, and storm drainage and for signal improvements to North 19th Avenue and Baxter Road. 39. The applicant is advised that any newly-constructed establishments responsible for food preparation shall install an outside two-compartment grease interceptor. Interceptor design and installation is subject to City of Bozeman Building Inspection Division approval. In accordance with the Bozeman Municipal Code, the applicant is further advised that on-site maintenance records and interceptor service shall be maintained on a regular basis and made available to the City upon request. 40. A joint access easement is required for the driveway at the north property line. 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. Break - 9:35 to 9:40 O.m. Mayor Kirchhoff declared a break from 9:35 p.m. to 9:40 p.m., in accordance with Commission policy. Public hearina - Certificate of Aoorooriateness to allow construction of new 7 -foot by 11 %-foot front oorch on residence located on Lot 5. Block A. Lindlev & GUY'S Addition. with deviation from Section 18.50.060. Bozeman Municioal Code. to allow Dorch to extend 5 feet 9 inches beyond the five-foot encroachment into the 20-foot front yard setback allowed for covered oorches - Sprinaer Grouo Architects for Robert and Phyllis Wiersma for 220 South Bozeman Avenue (Z-03225) This was the time and place set for the public hearing on the Certificate of Appropriateness requested by Springer Group Architects for Robert and Phyllis Wiersma under Application No. Z-03225, to allow the construction of a new 7 -foot by 11 ~-foot front porch on the residence located on Lot 5, Block A, Lindley and Guy's Addition, with a deviation from Section 18.50.060 of the Bozeman Municipal Code, to allow the porch to extend 5 feet 9 inches beyond the five-foot encroachment into the 20-foot front yard setback allowed for covered porches. The subject property is located at 220 South Bozeman Avenue. Mayor Kirchhoff opened the public hearing. Planning Director Andy Epple presented the staff report on behalf of Assistant Planner Susan Kozub. He noted the applicants wish to remove an existing dilapidated 6-foot by 7~-foot front porch and replace it with a new 7 -foot by 11 ~-foot front porch, with the new porch encroaching further into the front yard setback than the old porch does. He noted that the proposed porch is consistent with the character of the neighborhood. The Planning Director stated that staff has reviewed this application in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. He briefly highlighted those findings and concluded by forwarding staff's recommendation for approval subject to three minor conditions. Mr. Lowell Springer, architect representing the applicants, stated the applicants approached him about five months ago with their desires to make major improvements to this property; and he worked with them for several weeks before developing a design he felt was in keeping with the neighborhood and met 1 0-06-03 . - 20- . their needs. He noted this is a dense historical neighborhood in which some of the properties are being rehabilitated, and he feels the proposed porch is in keeping with others in the area. Mrs. Phyllis Wiersma, applicant, expressed her appreciation for staff's thorough review of this application, noting it is their desire to improve the community and make the block more charming. She asked that the Commission approve the application as recommended by staff. Planning Director Epple noted that staff has worked with the applicant, allowing construction to begin on a rear addition since no deviations were needed. He then indicated that approval of this requested deviation for a porch will combine the whole project once again. No one was present to speak in opposition to the proposed project. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Certificate of Appropriateness to allow construction of a new 7 -foot by 11 ~-foot front porch on the residence located on Lot 5, Block A, Lindley and Guy's Addition, with deviation from Section 18.50.060 of the Bozeman Municipal Code, to allow the porch to extend 5 feet 9 inches beyond the five-foot encroachment into the 20- foot front yard setback allowed for covered porches, be approved subject to the following conditions: 1. The applicants shall submit a building permit application that accurately depicts the existing porch. 2. The applicants shall obtain a building permit and pay all required fees within one year of Certificate of Appropriateness approval or this approval shall become null and void. 3. 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. 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. Public comment Mr. Brian Close, 406 East Olive Street, announced that the Belgrade City Council approved the interlocal agreement for transit at its meeting tonight, and the agreement has been scheduled for consideration by the Bozeman City Commission at its meeting next Monday and for consideration by the Gallatin County Commission at its meeting next Tuesday. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1 ) September 25 updated list of planning projects to be considered at upcoming Commission meetings. (2) Copy of a letter from Staff Attorney Tim Cooper to the Department of Environmental Quality, dated September 25, regarding the voluntary clean-up plan for the CMC East Main Depot project. 1 0-06-03 . . - 21 - (3) Copies of e-mails from Roger Koopman, dated September 30 and October 2, regarding the Gallatin Valley Independent Business Alliance. (4) Copy of a letter from Engineering Assistant Andy Kerr, dated September 25, to property owners near the intersection of Lamme Street and North Tracy Avenue, regarding installation of stop signs on Lamme Street. (5) Copy of a letter from Engineering Assistant Andy Kerr, dated September 25, to property owners near the intersection of Short Street and North Tracy Avenue, regarding installation of stop signs on Short Street. (6) Letter from Philip Sacoccia, Jr., dated September 22, asking for a credit for his contribution of 6Y:z acres to affordable housing. (7) Information from the Gallatin National Forest travel management plan and forest plan amendment alternatives, dated August 1, 2003, as submitted by Mr. James Devitt. (8) Newsletter from Headwaters Recycling, announcing the meeting that was held on October 2 in West Yellowstone. (9) Minutes from the Gallatin City-County Board of Health meetings held on June 26 and July 24, 2003. (10) Agenda for the Cemetery Board meeting to be held at 1 :00 p.m. on Tuesday, October 14, in the Commission Room. (11 ) Agendas for the County Commission meeting that was held on Tuesday, September 30, and the meeting to be held at 10:00 a.m. on Tuesday, October 7, at West Yellowstone. (12) Agendas for the Development Review Committee meeting held on September 30, and the meeting to be held at 10:00 a.m. on Tuesday, October 7, at the Professional Building. (13) Agendas for the Planning Board meeting to be held at 7:00 p.m. on Tuesday, October 7, in the Commission Room, and notice that the Zoning Commission meeting was cancelled due to the lack of agenda items. (14) Agenda for the Transportation Coordinating Committee meeting to be held at 9:30 a.m. on Wednesday, October 15, in the Commission Room. (15) Mayor Kirchhoff acknowledged those students in the public administration class that remained through the entire Commission meeting, and encouraged those who wish to participate in the meeting. (16) City Manager Johnson noted that it seems there are an increased number of police issues this year involving college students. Director of Public Safety Tymrak is working with MSU police and administration to determine if that is true and how to address the issues. (17) City Manager Johnson reported that Commissioners Cetraro and Hietala have chosen not to sign the claims listing, although they voted to approve the consent items. He suggested one alternative to address their concerns may be to create a budget and claims sub-committee to review the claims against the budget prior to each meeting. He cautioned that this could lead to micro-management rather than the Commission setting policy and allowing administrative staff to carry out the day-to-day operations. He then indicated that, if the Commission wishes to become involved in the line items in the budget, it will be important for staff to begin its process earlier than it has in previous years. Responding to Commissioner Youngman, Commissioner Cetraro noted that he does not have an opportunity to review the claims prior to the Commission acting on the consent agenda. During his reviews, he has circled items about which he had questions, but those questions have gone unanswered. He 1 0-06-03 . - 22- ~ recognized that the Commission should limit its activities to policy making and vision; but he noted it's hard to get anything done when "there are five visions". Commissioner Youngman acknowledged that the Commissioners should have any questions or issues resolved prior to acting on the claims listing, and suggested that anyone concerned review it earlier in the day. She then noted that she experienced the previous micro-management budgeting process and found it to be time-consuming and frustrating. City Manager Johnson noted that when he encounters questions on the claims listing, he makes notes and investigates them; but he has never found a reason to deny one. Commissioner Hietala indicated he has no problem with the claims process, rather, his concern is with the budgeting process; and he wants to see the Commission become more involved. Mayor Kirchhoff noted that the Mayor gets to help shape the budget process, and noted that Commissioner Cetraro will be able to do so as incoming Mayor. He stressed the importance of remembering the Commission's role is legislative and setting policy. Commissioner Cetraro asked that the City Manager find out what budgeting process other communities use and then educate the Commission on those processes. (18) Planning Director Andy Epple submitted the following. (1) Reviewed two projects that are being considered by staff, noting they will not be acted on by the Commission. The first is for remodeling ofthe Emerson Cultural Center, noting the historic significance ofthe structure is being carefully considered. The second is for the addition of a drive-through banking facility on the 777 Building. (2) Noted that a number of the planners attended the Montana Association of Planners (MAP) conference in Big Sky last week, where Associate Planner Jody Sanford was recognized as outgoing president. He stated that one of the tours included the Ski Yellowstone Club and Moonlight Basin, where the amount of development is significantly greater than it is in Bozeman. (19) City Attorney Luwe announced that the City received the award for the lowest experience modification factor for the general liability program for first and second class cities under MMIA. He noted this is reflective of the City's efforts to manage risks. (20) Director of Public Service Debbie Arkell submitted the following. (1) Announced that MMIA will conduct presentations on risk management and the employee's role tomorrow and Wednesday. (2) Stated that street crews have installed speed tables on North 23rd Avenue and North 22nd Avenue and will begin the speed tables on North 20th Avenue next week. She noted that, given the vocal opposition surfacing from residents along North 21st Avenue, staff will install those speed tables last. Responding to Mayor Kirchhoff, the Director stated staff has reviewed the second petition from residents along North 21 st Avenue and found it is legitimate. She cautioned that, if the weather does not hold this fall, staff may not be able to complete that installation until next year. Responding to the Mayor, the Commissioners indicated they are not interested in revisiting this issue. (21) Commissioner Hietala expressed his interest in having the City initiate a curb replacement program, citing the poor condition of the curbs along South 8th Avenue as an example. Responding to Mayor Kirchhoff, City Engineer Rick Hixson stated staff has not done a priority ranking of curbs, but cautioned that replacing curbs only impacts the adjacent asphalt and, as a result, it is preferable to do curb replacements in conjunction with major street projects He indicated that, at a minimum, the street should be either milled and overlayed or chip sealed in conjunction with curb replacement. He then noted that South 8th Avenue is scheduled for a major water main project; and staff has chosen to delay the street improvements until after that water main project has been completed. 1 0-06-03 .. i' - 23- Director of Public Service Arkell noted that Street Superintendent John VanDelinder is interested in doing more curb replacements and asked Commissioners to let her know if they have ideas about which streets should be included on the priority list. (22) Commissioner Youngman asked that the Commission provide direction on input to the Montana Transportation Commission on the Huffine Lane corridor. Commissioner Brown suggested that the Commission support reducing the speed limit from 65 to 55 miles per hour through the Ferguson Avenue intersection, stressing it is important to identify a realistic speed rather than a lower speed from which to negotiate. He noted it is fairly obvious that the City has grown, but the speeds have not been adjusted accordingly. City Engineer Rick Hixson noted that when traffic signals are installed at Cottonwood Road and Fowler Avenue, there will be four signals in a relatively short span, and it will not be possible to reach 65 miles per hour between them. Commissioner Youngman identified dynamics involved, including new residential developments and parks in the area, which create additional hazards. City Engineer Hixson reminded the Commissioners that the City is asking the Montana Transportation Commission to go against its own staff and do what the community wants; and they will need good reasons upon which to base such a decision. He cautioned that reducing the speed on Huffine Lane too much will result in traffic cutting through the community on other streets, resulting in unintended consequences. Commissioner Hietala noted that when traffic hits Cottonwood Road, it generally begins to slow and, as a result, he suggested the speed could be reduced to 55 miles per hour just past Cottonwood Road as one enters town and then to 45 miles per hour before Ferguson Avenue. (23) Commissioner Youngman noted she was disconcerted to see the new schedule for adoption of the various alcohol ordinances and stressed her desire to have the ordinances adopted yet this calendar year. She questioned why the previous schedule has not been met, noting that the new timeline is outside the standards set. City Attorney Luwe responded that when the alcohol policies were adopted, one of the questions asked was whether staff would be able to handle the additional workload; and his response was that the ordinances would be written as quickly as they could be in the normal course of business. He cautioned that five separate ordinances are involved, and some of them are very complicated and require substantial research. In addition, higher priority issues have arisen within the department. He indicated that, if the Commission wants to place a priority on these ordinances, other work will be set aside. Mayor Kirchhoff noted the Commission needs to know what won't get done if the ordinances are made a priority; the City Attorney responded he will report to the Commission at next week's meeting. (24) Commissioner Youngman asked how many Commissioners plan to meet with the national representatives from the drug and alcohol program. Following discussion, Commissioner Youngman indicated she will meet with them. (25) Commissioner Youngman noted the Commissioners have received an e-mail message from Brian Close about the lighting standards from Flagstaff, Arizona, that seem to address the issues and concerns that have been raised. She asked if the Commission is interested in asking the staff to look at that standard as it drafts the final unified development ordinance; four of the Commissioners concurred. (26) Commissioner Brown noted the Montana Department of Transportation has recommended a three-lane format through the downtown area; and that proposal has received quite a bit of opposition from downtown business owners even though it was accepted by the various downtown groups. He asked when the Commission will be considering this issue. 10-06-03 - 24- Planning Director Epple responded that the issue is on the agenda for the October 15 meeting of the Transportation Coordinating Committee and will be scheduled before the Commission after they have made a recommendation. (27) Mayor Kirchhoff asked if the Commission is willing to finish implementation of a truck route by adopting a resolution, possibly in mid-November, and installing the appropriate signage; three Commissioners indicated support. Adiournment - 10:43 o.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Hietala, seconded by Commissioner Brown, that the meeting be adjourned. 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. ,~. P/lf1== /./~J1\-{"t/ , SfEVE R. I HHOFF, Mayor( ATTEST: ~uL~ Clerk of the Commission 1 0-06-03