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HomeMy WebLinkAbout2006-05-22 Minutes, City Commission Page 1 MINUTES OF THE MEETING OF THE CITY COMMISSrON BOZEMAN, MONT ANA May 22, 2006 ***************************** The Commission of the City of Bozeman met in regular session in the Community Room, Gallatin County Courthouse, 311 West Main Strect, on Monday, May 22, 2006, at 6:00 p.m. Present were Mayor Jeff Krauss, Cr. Scan Becker, Cr. Jeff Rupp, Cr. Steve Kirchhoff, Cr. Kaarcn Jacobson, City Manager Chris Kukulski, Director of Public Service Debbie Arkell, Planning Director Andy Epple, City Attorney Paul Luwe, and City Clerk Brit Fontenot. Pledl!e of Allel!iance and Moment of Silence The meeting was opened with thc Plcdge of Allegiance and a moment of silence. Staff public service announcement Finance Director Anna Rosenberry reminded the city residents that the second half of 2005 special assessments are due by next Wednesday, postmarked by May 31st. Minutes Outstanding: January 17, February 21, March 6, March 27, May 15, and May 19,2006. Consent Items City Manager Kukulski presented to the Commission the following Consent Items. 1. Authorize City Manager to sign HRDC, Community Development Block Grant Management Agreement 2. Authorize City Manager to sign ThinkTank Mandeville Farm Masterplan PSA Amendment 1 3. Authorize City Manager to sign Notice of Award for Durston Road N. 71h to N. 19th 4. Accept Easement for Public Access Easement from Nevado, LLC 5. Authorize City Manager to sign Glcn Haven Annexation Agreement 05-22-2006 -- _._._~---:-._.~ - Page 2 6. Adopt Commission Resolution 3917, Glen Haven Annexation 7. Provisionally Adopt Ordinance 1667, Glen Haven ZMA 8. Approve Final Plat for Alder Creek Subdivision, Phase III 9. Claims Item 1, to authorizc City Manager to sign HRDC, Community Development Block Grant Management Agreement, was taken off the Consent Agenda and move to an Action Item. It was moved by Cr. Becker, seconded by Cr. Rupp, that the Commission approve Consent Items 2-9 listed above. The motion carried. Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson, and Mayor Krauss. Those voting No being none. Public comment JP Pomnichowski, Planning Board President, brought up some topics that the Planning Board wants to pursue to consider the greater growth area, such as parks, trails, and open space. Special Presentation Sally Broughton, teacher from Monforton Elementary School, and her 6lh grade class gave a presentation from Project Citizen regarding restrooms in the downtown area. Members of the class presented three suggestions. The first being a restroom in Soroptimist Park, the second being to post signs and maps showing where the restrooms are in the downtown area, and the third being that there should be a public restroom in the new parking garage. The class favored the third suggestion and noted advantages such as a lower cost, because we are already going to be building the garage. Disadvantages however were that it will take up room in the garage, as well as possible vandalism and that the restroom wouldn't be open at all hours. The also noted that there would need to be signs posted on Main Street to indicate that the restroom was available. Mayor Krauss stated that this presentation was equal to presentations that come from professionals, but that in order for action, they must have a public hearing and take input from the community. He noted that they take the recommendations seriously and Cr. Jacobson will take it to the downtown business boards. Introduction City Manager Kukulski introduced to the Commission, Mr. Brit Fontenot, the new City Clerk who started on May 16, 2006. 05-22-2006 _" ___~~.....c_,__~____,~__ Page 3 Public Hearinl!s 1. Wastewater This was the time and place for the public hearing on the update of the Wastewater Facility Plan. Mayor Krauss opened the public hearing. Project Engineer Bob Murray presented the staff report. He noted that staff has reviewed the application in light of the applicable criteria and staff's findings are contained in the staff report. Staff has forwarded a recommendation that the Commission adopt the plan. He noted that two weeks ago, they gave a presentation on the Wastewater Facilities Plan (WWFP), and that the consultants will present tonight. James Nicholson, Morrison and Maierle, introduced the presentation and stated the scope of the study and the study area. They estimated 5% per year population growth over 20 years. The conclusions are that the improvements are driven by growth. Amanda McInnis stated that the Department of Environmental Quality, DEQ, hasn't gotten back to us on the final restrictions of the permit, but that the first phase will remove more of the harmful chemicals. Bob Morrison summarized the treatment statistics. He noted that the 2025 projections will be an increase of about 165% from where we are now. He stated that they feel the present discharge location is the only possible location at this time. He added that the treatment level is needed no matter what the future might bring. He concluded by stating that the proposed system doesn't limit the City in the future. The following people spoke at the public hearing: Steve Kelley, 4750 Jordan Spur Road Paul Levine, DEQ Joe Gudcowski, President of Montana River Action Steve Hunt Dale Spartus, Nelson Road Responding to Cr. Becker, Mr. Nicholson responded that the 5% projection is a guess based on trends. He also responded that we are not anticipating connecting our facility to other facilities. Engineer Bob Murray noted that if we built out to the expected area, we'll be at about 200,000 people, and that will require a new facility plan. Responding to Cr. Kirchhoff, Ms. McInnis noted that we currently make up about 25% of the E. Gallatin River today. If that stayed consistent, in 2020, at 92,000 population, we will make about 50%, at the lowest flow during a 10 year period. That is the number that DEQ uses for their discharge permit. There is only one other plant in the state that remove the chemicals we will be removing. 05-22-2006 Page 4 Responding to Cr. Kirchhoff, Mr. Morrison responded that Phase 2 increases capacity and also brings in effluent filtration, to further remove harmful stuff, however he noted that thc plant now does a good job of removing bad stuff. Ms. McInnis added that we have other places we can discharge the water instead of the river. Responding to Cr. Kirchhoff, Dave Clark, responded that we are a long distance from a large receiving body of water, and thinks the costs would escalate faster than the benefits for a regional plant. Responding to Cr. Kirchhoff, Mr. Kukulski noted that we have concerns about the restrictions and we're spending tens of millions of dollars and there isn't a lot being done for septic systems, package plants, and smaller districts. Responding to Cr. Rupp, Ms. McInnis noted we are very close to meeting the standards right now, and Phase I deals primarily with the discharge. This plan gets us to the highest level of treatment that is being done in the state. Responding to Cr. Rupp, Anna Rosenberry, Finance Director, noted the rate increases will pay for 2/3 and impact fees will pay for 1/3. Ms. McInnis noted there will be a rate study and impact fee study done to be sure the distribution will be equitable. Discussion Cr. Beckcr noted that the advent of TDR and county zoning issues will address a lot of these, but this is clearly the first part we have to do right now. Mayor Krauss noted this is the best step we can take in the right direction to remove chemicals, but stated that he's content to wait for the rate study to see what we might be looking at. He noted that we're spending a lot of money on real science and engineering, and we're moving towards state of the art. He stated that we're addressing this in a responsible way and he will support it. Decision It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to adopt the update of the Wastewater Facility Plan. The motion carried. Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson, Becker, and Mayor Krauss. Those voting No being none. 2. Samoson COAlADRlDev This was the time and place for the public hearing on the request for a Certificate of Appropriateness to allow the demolition of an existing garage and construction of 104 square foot shed 05-22-2006 Page 5 at 427 West Curtiss Street, with two deviations, as requested by Lawrence and Carrie Sampson, under application Z-06071. Mayor Krauss opened the public hearing. Planner Knight presented the staff report. He noted that staff has reviewed the application in light of the applicable criteria and staff's findings are contained in the staff report. Staff has forwarded a rccommendation of conditional approval. He noted that the structure is historically significant in the neighborhood conservation overlay district, but the garage isn't. He also noted that there are numerous similar structures in the neighborhood with similar encroachment. Responding to Cr. Rupp, Mr. Knight responded that the setback will remain the same, but the driveway will be lengthened. The following people spoke at the public hearing: Lawrence Sampson, 427 E. Curtiss Decision It was moved by Cr. Kirchhoff, seconded by Cr. Jacobson, that the Commission approve the request for a Certificate of Appropriateness to allow the demolition of an existing garage and construction of 104 square foot shed at 427 West Curtiss Street, with two deviations, as requested by Lawrence and Carrie Sampson, under application Z-06071, subject to the following conditions: 1. To ensure appropriateness, additional details of the proposed barn-style sliding door, and a picture of the proposed 3' x 3' double hung window, shall be submitted for review and approval by Administrative Design Review Staff. 2. Prior to issuance of any type of Building Permit (including Demolition Permits), the applicant shall provide a color and materials palette for final design review and approval by Administrative Design Review Staff. 3. The applicant shall obtain a building permit and pay all required fees prior to construction, and within one year of Certificate of Appropriateness approval or this approval shall become null and void. 4. 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 Department of Planning prior to undertaking said modifications, as required by Section 18.64.110 of the Bozeman Municipal Code. 05-22-2006 Page 6 The motion carried. Those voting Aye being Crs. Kirchhoff, Jacobson, Becker, Rupp, and Mayor Krauss. Those voting No being none. Break Mayor Krauss declared a break from 7:43 - 7:55 p.m. 3. Loval Garden Maior Subdivision Preliminarv Plat This was the time and place for the public hearing on the request to subdivide -75 acres into 139 single- and two-household residential lots, 15 mixed-multiple-household residential and office lots, and the remaining area as parks, open space, streets, and alleys, located west of Cottonwood Road and south of Huffine Lane, with two variances requested, under application P-060 14. Has been preliminarily approved for zoning, and noted that there will be 25 single household RSLs, and one lO-unit multi- household lot. Planner Kozub presented the staff report. She noted that staff has reviewed the application in light of the applicable criteria and staff's findings are contained in the staff report. Staff has forwarded a recommendation of conditional approval for the requested variance from ** 18.42.060.D.4 and 18.42.080.C, and denial of the requested variance from ~ 18.44.080, and that the Commission approve the Final Plat with the above recommended variations. She noted that there is one letter opposing the sidewalk variance from the public. She also noted that all advisory boards recommended conditional approval. Rob Pertzborn, Intrinsic Architecture, representing the landowner, stated that they have relocated the mature trees, and the water course was relocated out of the Cottonwood Road right-of-way. Responding to Cr. Rupp, Mr. Pertzborn noted they can put some of the stormwater into the detention pond and later into the ditch. Responding to Cr. Becker, Mr. Pertzborn noted they don't have plans for the park space credit they will gain, they just want the ability to use it later. Discussion Responding to Cr. Rupp, Mr. Murray noted they don't have to discharge stormwater into the ditch. If they can't get the permission to use the canal, they could run it to the norther potion of the subdivision, and those issues won't exist. Planner Susan Kozub noted they wouldn't need a variance if they don't discharge into the ditch. 05-22-2006 Page 7 Decision It was moved by Cr. Jacobson, seconded by Cr. Becker, that the Commission approve the request to subdivide ~ 75 acres into 139 single- and two-household residential lots, 15 mixed-multiple-household residential and office lots, and the remaining area as parks, open space, streets, and alleys, located west of Cottonwood Road and south of Huffine Lane, and to approve the variances from SS 18A2.060.DA and 18A2.080.C, and to deny the variance from SI8A4.080, and to approve the Final Plat, under application P-06014, subject to the following conditions: 1. Existing mature vegetation shall be saved and relocated within the subject property, to the maximum extcnt feasible. 2. The existing barn shall be maintained in its current location and incorporated into the new site design. If the barn is not able to bc incorporated into the new site design, it shall be relocated to a within the project boundaries. If a structural report by a professional engineer indicates that the barn is not feasible to relocate, the developer will be required to complete a Montana Historic Propelty Record Form for review by the local and State Historic Preservation Officcs prior to disassembly. 3. Should and cultural materials be inadvertently discovered during construction of this project, the State Historical Preservation Office (SHPO) and the Bozcman Historic Preservation Office must be contacted immediately. 4. The existing warehouse and residence shall either be connected to municipal water and sewer upon annexation of the property and availability of service, or removed from the property. The barn shall also be connected to municipal water and sewer if converted to a use which requires services. 5. The proposed lift station shall be relocated to be south of the large detention pond and orchard. If the lift station is proposed within an Entryway Overlay District, it shall be subject to the Bozeman Design Objectives Plan and must be reviewed and approved by Administrative Design Review Staff prior to construction. 6. A declaration of the most recent covenants, with the corrections outlined by staff, must be included and recorded with the Final Plat. 7. Water rights, or cash~in-lieu thereof, shall be provided and paid for prior to final plat approval. If the final plat of the subdivision is filed in phases, water rights will only be required for each phase as the final plat for that phase is tiled. The amount of water rights required will be determined by the Director of Public Service based on the proposed final plates). 8. The dedicated parkland shall be identified as "Public Park" on the final plat and the common open space access strips and pocket parks shall be overlaid with a public access easement. Provisions within the covenants shall provide for the care and 05-22-2006 Page 8 maintenancc of these areas, which will ensure usability for the homeowners and general public. 9. Buildings proposed for construction with crawl spaces or basements shall include Engineer Certification regarding depth of ground water and soil conditions and proposed mitigation methods to be submitted with each Building Permit. The Final Plat shall include a notation that due to high ground watcr conditions full or partial basements are not recommended. 10. The Final Plat shall comply with the standards identified and referenced in the Bozeman Municipal Code. The applicant is advised that unmet code provisions, or code provisions that are not spccifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 11. The west half of Cottonwood Road including any required utility extensions shall be constructed along the frontage of the subdivision including tapers meeting AASHTO requirements to transition back to the existing road width. Any signalization, geometric or other offsite improvements identified in the TIA for the project shall be completcd as well. All improvements to Cottonwood Road and Huffine Lane shall be completed in their entirety with Phasc I of the development. 12. A one-foot "No Access Strip" shall be shown on the plat along the entire lot frontage of Huffine Lane and Cottonwood Road. 13. Sewer and water main stubs shall be provided across Cottonwood on both the north and south end of the subdivision for future extension to serve the properties to the south and east. 14. The subdivision shall be fed from at least two separate offsite connections to the existing municipal water system. 15. The master planned 12-inch water main shall be installed along the entire north south frontage of the subdivision. Routing it through the subdivision as shown is acccptable. 16. The water main in the Huffine right-of-way shall be extended to the western boundary of the subdivision. 17. The sewer shall connect to the existing system on the extension of Yellowstone A venue as shown in the master plan. The Huffine crossing shall be made with the master planned 12-inch gravity main, not the proposed force main. 18. The sewage lift station should be located as far as practical from building sites to minimize odor or noise complaints. The lift station shall be sized to collect the area 05-22-2006 Page 9 that cannot gravity feed to the connection on Yellowstone. The final service area for the lift station shall be reviewed and approved by the City Engineer as part of the design report. 19. The lift station shall include a SCADA system compatible with the City's existing system. An autodialer will not be acceptable. The lift station shall also include backup power capable of running the entire station including both pumps. A wet well/dry well type station will not be acceptable. It shall be a wet well configuration with submersible pumps. 20. The lift station shall be located outside of the Baxter Creek 100-year floodplain. 21. Y car round paved access must be provided to the lift station. The access, lift station, and force main must either be on separate lots dedicated to the city, or contained within easements. 22. The property owners dependent on the sewage lift station shall be responsible for financing the costs of its operation and maintenance, which will be the responsibility of the City. The applicant shall agree in writing to a surcharge to cover the costs of operating and maintaining the lift station. The agreement shall be filed with the final plat and shall apply to all heirs, successors, and assigns. The agreement shall be subject to approval by the City Engineer and the City Attorney. 23. Any air relief valves on the sewer force main shall be accessible by the City's flusher truck. This may require turnout(s) to be constructed at the location of the valves. 24. An access permit shall be obtained from MDT for the street connecting to Huffine Lane. Utility occupancy permits shall be obtained from MDT for the water and sewer infrastructure within the state right-of-way. 25. The I OO-year floodplain shall be delineated for Baxter Creek along the entire length of the subdivision. The floodplain shall be shown on the Final Plat. If the limits of the flooding encroach onto any proposed lots, minimum floor elevations for any structures on the lots shall be specified. The delineation must be based on post development conditions for the area within the drainage basin. 26. The variance requested to discharge subdivisions stormwater from the detention ponds to irrigation facilities is not supported by staff unless written permission is obtained from the ditch company. 27. All improvements necessary to provide adequate level of service at the analyzed intersections must be installed or financially guaranteed prior to filing of the plat for each phase. No building permits will be issued for a phase until all improvements required for the phase are installed and accepted. Approval must be 05- 22- 2006 Page 10 obtained from the Montana Department of Transportation of the TIS and for all improvements along Huffine Lane. 28. The dri ve access onto Cottonwood between Alpha Drive and Huffine Lane shall be eliminated unless the information required by section 18.44.090.H of the Bozeman Municipal Codc, to grant a deviation is provided to and approved by the City Engineer. 29. Reciprocal access and parking easements shall be provided for Lots I, 2, and 3 of Block I. 30. City standard sidewalks shall be installed along all strcct frontages. The trails and the sidewalks may be combined into one facility that is 10 feet wide and constructed of concrete. The combined walk may vary from the standard location (i.e. meander), but at the furthest, shall be no more than 15 feet from the right-of-way. 31. Main cxtensions may be required into the larger multifamily lots rather than the multiple services that are preliminarily proposcd. Final review and approval will be completed with the infrastructure design reports. 32. The proposed alignmcnt for the municipal utilities along Huffine shall bc submitted for review and approval with the infrastructure design reports. 33. Public street intersection sight triangles including the medians shall be free of plantings which at mature growth will obscure vision within the sight triangle. Maintenance of the medians shall be the responsibility of the homeowncrs association. 34. All sanitary and storm manholes shall be located outside the limits of the proposed roundabouts and medians. No trees shall be planted within 10 feet of any of the proposed municipal utilities. 35. A schematic signage plan for the subdivision, noting any proposed traffic calming measures shall be included in the infrastructure design report. 36. The Alpha Drive pedestrianlbicycle crossing must be revised and is subject to review and approval by the Planning Department. 37. Credit for excess parkland or affordable housing may only be applicable for a directly adjacent subdivision (not a subdivision across Huffine Lane or Cottonwood Road). 38. The Wetlands Review Board (WRB) shall review Preliminary Plat Application #P-06014. If the WRB recommends any substantive changes (as determined by the 05-22-2006 Page 11 Planning Department) to the subdivision layout, the City Commission shall re-review the Preliminary Plat Application. The motion carried. Those voting Aye being Crs. Jacobson, Becker, Kirchhoff, and Mayor Krauss. Those voting No being Cr. Rupp. 4. Cottonwood Silos SP/COA This was the time and place for the public hearing on the request for Site Plan and Certificate of Appropriateness to allow redevelopment of property located on the south side of East Cottonwood Street's 500 Block, into eight single-household residences on individual lots, with three deviations, as requested by ThinkTank Design Group Inc., for Mill District Silo's LLC, under application Z-06074. Planner Bristor presented the staff report. She noted that staff has reviewed the application in light of the applicable criteria and staff's findings are contained in the staff report. Staff has forwarded a recommendation of conditional approval. She added that the silos are historically significant, and staff finds the silo encroachment to be historically significant and supports it. Responding to Cr. Becker, Ms. Bristor responded that, for parking reasons, the basements have to be unfinished because staff felt the need to be on the safe side for parking. Responding to Cr. Jacobson, Ms. Bristor noted the silos will be lived in. The design is the living room and entry way, and the applicant will answer in better detail. Eric Nelson, ThinkTank, representing the applicant, stated that this is part of the NURD. The existing silos were built in the 1940's for the war effort to store grain, and to serve the Montana Flour Mill. He added that there is no sidewalk on the south side of Cottonwood. He added that there is a significant amount of mature vegetation on the site, and they intend on preserving the healthy trees. Responding to Cr. Rupp, Mr. Nelson noted that all the structures will have three rooms. He thinks that if they add one bedroom to the basement, they will still be within code conformance, but their estimation is to use the basement for storage space. Responding to Cr. Jacobson, Mr. Nelson noted that people will be prohibited from turning their basements into more bedrooms. The following people spoke at the public hearing: Steve Barber, 513 E. Cottonwood Rich Taps 517 E. Cottonwood Velma McMeegan, 425 E. Cottonwood Sherlie Addin, 717 N. Church 05-22-2006 Page 12 Responding to public comment, Mr. Nelson, stated that overall the metal siding will be non- reflective. He noted that there are two builders who are qualified and will be purchasing the lot and the set of plans to build, and they will have to build that design. He also mentioned that ss far as the density issues, he thinks it's important to note that these are conforming city lots, and they are only seeking a deviation to preserve the silo form, and the remaining designs are in complete conformance. Discussion Cr. Rupp complimented the applicant on doing a good job. Decision It was moved by Cr. Becker, seconded by Cr. Rupp, that the Commission approve the request for Site Plan and Certificate of Appropriateness to allow redevelopment of property located on the south side of East Cottonwood Street's 500 Block, into eight single-household residences, with three deviations, as requested by ThinkTank Design Group Inc., [or Mill District Silo's LLC, under application Z-06074, subject to the following conditions: 1. As stated in the application submittal, the applicant shall attempt to salvage the existing silos' materials and reuse the materials within the new construction for finish work. If this process proves unfeasible, the applicant may demolish the silos in a conventional manner, but shall be required to offer the materials for trade and/or sale to the public (newspaper ad, etc.). The applicant is required to submit documented proof to the Department of Planning & Community Development of this attempt to salvage the silos' materials. 2. The Final Site Plan materials shall include a scaled landscape plan that shows all existing and proposed landscaping for the subject site, including roof deck areas. All existing landscaping to be removed with construction must be shown on the plan. Public utilities and services lines must also be shown on the plan. 3. The Final Site Plan materials shall include a color and materials palette of all new construction (windows, doors, brick, stucco, metal, lap siding, etc.) for final review and approval by Administrative Design Review Staff. In particular, staff is curious to see what type of corrugated metal is proposed with new construction 4. The Final Site Plan materials shall depict the basement (lower floor) of each proposed residence as unfinished. 5. Seven (7) copies of the Final Site Plan containing all of the conditions, corrections and modifications approved by the Development Review Committee shall be submitted for review and approval by the Planning Director within six months of the date of City Commission approval. 05-22-2006 Page 13 6. 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 Sitc 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 MAYBE POURED UNTIL A BUILDING PERMIT IS OBTAINED. 7. This project shall be constructed as approved and conditioned in thc Certificate of Appropriateness application. Any modifications to the submitted and approved drawing shall invalidate the project's approval unless the applicant submits the proposed modifications for review and approval by the Department of Planning prior to ,..mdertaking said modifications, as required by Section 18.62.040 of the Bozeman Municipal Code. 8. The Final Site Plan shall be adequately dimensioned. A completc legend of all line types used shall also be provided. 9. A Storm Water DrainagefTreatment 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), storm water detention/retention basin details (including basin sizing and discharge calculations, and discharge structure details), storm water discharge destination, and a storm water maintenance plan. 10. 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. Schedule-forty pipe will be required for all sewer serVIces. 11. The existing six-inch sewer main in Cottonwood Street will be utilized for this development. With the recent redevelopment on Cottonwood Strect thcre is some concern the main may not have capacity to accommodate further development. The developer shall perform a capacity analysis estimate ofthis six-inch main including thc existing use, this development, and any other contributions up to where the main ties into the ten-inch main on Ida Street. 12. All trees must be at least 10 feet from any public utilities or service lines. Public utilities and services lines must be shown on the Final Landscaping plan. 13. 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". 14. The drive approach shall be constructed in accordance with the City's standard approach (i.e., concrete apron, sidewalk section, and drop-curb) and shown as such 05-22-2006 Page 14 on the Final Site Plan. A City Curb Cut and Sidewalk Permit shall be obtained prior to Final Site Plan approval. 15. City standard sidewalk shall be installed and properly depicted at the standard location (i.e., one foot off property line) along the street(s) frontage. Any deviation to the standard alignment or location must be approved by the City Engineer. 16. Typical curb details (i.e., raised and/or drop curbs) and typical asphalt paving section detail 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. 17. The Montana Department of Fish, Wildlife & Parks, SCS, Montana Department of Environmental Quality, and Army Corps of Engineer's shall be contacted regarding the proposed project and any required permits (i.c., 310,404, Turbidity exemption, etc.) shall be obtained prior to Final Site Plan approval. 18. All existing utility and other easements must be shown on the Final Site Plan. 19. 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). 20. The ex isting dri ve approach on Wallace A venue will be removed and replaced with city standard curb and gutter to match what is existing along Wallace Avenue. 21. Drive approach and public street intersection sight triangles shall be free of plantings which at mature growth will obscure vision within the sight triangle. 22. If construction activities related to the project result in the disturbance of more that one acre of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality, Water Quality Bureau, shall be contacted by the Applicant to determine if a Storm Water Discharge Permit is necessary. If required by the WQB, an erosion/sediment control plan shall be prepared for disturbed areas of one acre or less if the point of discharge is less than 100' from State Waters. 23. The applicant shall submit a construction route map dictating how materials and heavy equipment will travel to and from the site in accordance with Section 18.74.020.A.l of the Bozeman Municipal Code. This shall be submitted as part of the final site plan for sitc developments, or with the infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure that the construction traffic follows the approved routes. 05-22-2006 Page 15 24. All construction activities shall comply with Section 18. 74.020.A.2 ofthc Bozeman Municipal Code. This shall include routine cleaning/sweeping of material that is dragged to adjacent streets. The City may require a guarantce as allowed for under this section at any time during the construction to ensure any damages or cleaning that are required are complete. The developer shall be responsible to reimburse the City for all costs associated with the work if it becomes necessary for the City to correct any problems that are identified. 25. A public access easement will be required for the alley. The alley will be privately maintained. This easement shall be wide enough to accommodate all necessary private utilities and show on the Final Site Plan. The motion carried. Those voting Aye being Crs. Becker, Rupp, Kirchhoff, Jacobson, and Mayor Krauss. Those voting No being none. Action Items 1. Authorize the purchase of the Bozeman Public Librarv. located at 220 East Lamme. This item was continued from May 15th. City Manager Kukulski presented the details of the proposed purchase. Cr. Rupp noted he's in favor of the purchase even though we don't have all the data, and he has concern for how we pay for it, and thinks it should be spread out more. Mr. Kukulski noted that as we move forward with the solid waste situation, he wants to be included in the discussion as to what the best alternative is. He noted that by utilizing the solid waste fund to purchase this, we would not be limited. He noted that we have moved out of the landfill business, and are joining the regional system, therefore, with the fund set aside for post closure cost, and still retaining funds, he would be supportive of that direction. He stated that there are state caps on how we can pay for those services and enterprise funds don't have these caps. Cr. Jacobson noted that the motion would take $1 million from the general fund's unreserved fund, and we can't use that fund for salaries anyways. Mr. Kukulski responded that we can take funds from the general fund cash reserve for salaries, as well as for maintenance operations. Cr. Jacobson noted that we could take it out of the unreserved fund, and it wouldn't be wise. Mr. Kukulski noted that if we spend the $1 million, our reserve will be 12%, and this will affect decisions we will make in the future. 05-22-2006 Page 16 Mr. Kukulski noted our budget will increase by about 6.6%, and about $400,000 is needed to fund the same personnel from the previous year. Ms. Rosenberry noted that if we are going to take money out of the General Fund reserve, it requires a formal budget hearing, but with the enterprise fund, the authority has been given to the City Manager. She stated that we would be back, probably on June 5, with a budget amendment. Mr. Kukulski noted that our direction was to target an 18% cash reserve with the proposed budget we will hear tonight. Responding to Cr. Jacobson, Mr. Kukulski noted that our reserve has been going down over the last few years. Cr. Kirchhoff noted if we take the money from an enterprise fund, then we are saying that the rate payers from solid waste are going to pay for our library. He stated that his thinking is that a rate payer should pay a share of the service they enjoy, and the money in Solid Waste Fund is the accumulation of those rate payers. He stated that he can endorse the motion tonight, with $1.5 million from the Solid Waste Fund. He concluded by stating that the General Fund is community wide issues. Mr. Mr. Kukulski noted that the reason he would advise against the Valley Unit Funds is that those funds are earmarked for the renovations of the buildings that will house the Police Department and the possible move of City Hall. Responding to Cr. Becker, Mr. Kukulski responded that we could have this building be the property of the Solid Waste Fund. Cr. Secker noted that it's clear that to pull the million dollars from the General Fund will place an undue burden and he can't support taking the money from the General Fund at this time, but taking this money from the Solid Waste Fund will not jeopardize the solid waste position. Mayor Krauss noted he will vote no as well. Spending $1 million from the General Fund will create a huge deficit and it's fiscally irresponsible to do deficit spending. He noted that there are numerous demands on general funds that include civic service and it's important to listen to the City Manager and Finance Director and the other city staff. He concluded that the Commission has made a lot of sacrifices to build that reserve and he can't see spending it now. Cr. Jacobson stated that she doesn't agree with the Mayor, and that we're not doing deficit spending here, because we're taking it out of the unreserved fund. She added that if we have some sort of emergency, we will still be able to draw on the Solid Waste Fund. She noted that we're not deficit spending, and to call it that misleads the public. Mayor Krauss disagreed by citing his 15 years experience in public accounting, and we're increasing our expenditures above the revenue we're taking in. 05-22-2006 . Page 17 Mr. Kukulski noted that the only area he wants to emphasize is that as we look into the future, the ability to take care of facility needs, and for the Police Department, and we're in pretty good shape with the Stiff Building. Decision It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to authorize the City Manager to sign the purchase documents for the Bozeman Public Library, located at 220 E. Lamme, and to take $1 million from the General Fund, and $1.5 million from the Solid Waste Fund. The motion carried. Those voting Aye being Crs. Rupp, Kirchhoff, and Jacobson. Those voting No being Cr. Becker and Mayor Krauss. 2. Appointments to Boards and Commissions City Manager Kukulski presented the list of applicants for the various board openings. Parking Commission Mayor Krauss did not appoint a member to the Parking Commission. Zoning Board It was moved by Cr. Becker, seconded by Cr. Kirchhoff, to appoint Warren Vaughn to replace Anna Linstrand, to the Zoning Board, with an initial term to expire on January 31,2007. The motion carried. Those voting Aye being Crs. Becker, Kirchhoff, Jacobson, Rupp, and Mayor Krauss. Those voting No being none. Tree Advisory Board It was moved by Cr. Becker, seconded by Cr. Kirchhoff, to appoint Gene Keith to replace Frank Munshower, with an initial term to expire on June 30, 2007; and to appoint Danielle Nicholas to replace Chris Nixon, to the Tree Advisory Board, with initial terms to expire on June 30, 2007. The motion carried. Those voting Aye being Crs. Becker, Kirchhoff, Jacobson, Rupp, and Mayor Krauss. Those voting No being none. Senior Citizens Advisory Board It was moved by Cr. Rupp, seconded by Cr. Jacobson, to appoint Thomas Joseph Scanlin to replace Joyce Hynes, to the Senior Citizens' Advisory Board, with an initial term to expire on December 31, 2006. 05-22-2006 . Page 18 The motion carried. Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson, Becker, and Mayor Krauss. Those voting No being none. 3. Authorize City Manal!er to sil!n HRDC. Community Development Block Grant Manal!ement Al!reement The City Manager noted that this item was removed from the Consent Agenda. Cr. Rupp noted that this is for GDC management and not HRDC. He also noted that the clause that would require 51% of the funds to go to low to moderate income individuals, wasn't included in the agreement. City Attorney Paul Luwe notcd that the agreement can be amended to include that requirement. Mr. Luwe noted the history has been that since the 1990's it has been used as a consideration factor. It's clear from the program documents it must be in there for all new money. Responding to Cr. Rupp, Mr. Luwe noted it's a City policy that has allowed that to occur. Temporary occupancy of the Chair Mayor Krauss passed the gavel to President Pro Tempore Jacobson. Action Items ( cont) 3. Authorize City Manager to sign HRDC, Community Development Block Grant Manal!ement Agreement (cont) Cr. Becker noted he would support that condition. It was moved by Cr. Rupp, seconded by Cr. Kirchhoff, to authorize the City Manager to sign GDC, Community Development Block Grant Management Agreement, and to insert a clause to require 51 % of the funds to go to low to moderatc income individuals. The motion carried. Those voting Aye being Crs. Rupp, Kirchhoff, Jacobson, and Becker. Those voting No being none. Mayor Krauss was out of the room Temporary occupancy of the Chair President Pro Tempore Jacobson returned the gavel to Mayor Krauss. 05- 22- 2006 , Page 19 Non-action Items 1. Detailed presentation of the City Manager recommended budget Mr. Kukulski introduced the detailed presentation of the recommended budget for FY 2007. Anna Rosenberry presented the detailed presentation of the recommended budget for FY 2007. Highlights included bringing in twelve FTE, including two for each police and fire departments. She also noted a 6.6% increase in taxable value equating to about $416,000. ----- ::.-~-" - Extension of Meetinl! - -~-- -- 0..:::-::.--:; - It was moved by Cr. Becker, seconded by Cr. Jacobson to extended the meetiiig -p-tl;~ll-a~t fo-=Rufe III.A.2 of the Rules of Procedure. The motion carried. Those voting Aye being Crs. Becker, Jacobson, and Rupp. Those voting No being Cr. Kirchhoff and Mayor Krauss. Non-action Items (cont) 1. Detailed presentation of the City Manager recommended budget (cont) Mr. Kukulski summarized the recommended budget for FY 2007. Cr. Rupp noted the water tank painting was one of his primary objectives. Responding to Cr. Rupp, Ms. Arkell noted that the acquisition of a new garbage truck will mean that an old truck will be dedicated to recycling. Mayor Krauss questioned why we didn't fund lifeguards, and thinks a lifeguard at the indoor pool would be good. He also stated that he thinks the library building maintenance should be in the library fund, and not the general fund. He asked about the update of the city aerial photography and wants to know more about it in the future. Mr. Kukulski noted that we'll probably schedule the workshop for the second meeting in June. Responding to Mayor Krauss, Mr. Kukulski noted that if we contemplate a trip to Colorado and other training, we want to make sure the Commission has access to those trips, and there is also $12,000 this year for management training. 05-22-2006 Page 20 Adiournment -10:29 p.m. It was moved by Cr. Rupp, seconded by Cr. Kirchhoff to adjourn the meeting. Thc motion carried. Those voting Aye being Crs. Rupp, Kirchhoff, and Jacobson. Those voting No being Cr. Becker and Mayor Krauss. ~. - -'-- -,~~-- '-. ~~ -- ~- ,..,- -~' ~ ~ -- - - - - ~ Prepared by: Approved June 5, 2006 05-22-2006