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HomeMy WebLinkAbout2005-04-18 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA April 18, 2005 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, April 18, 2005, at 7:00 p.m. Present were Mayor Andrew Cetraro, Commissioner Jeff Krauss, Commissioner Marcia Youngman, Commissioner Steve Kirchhoff, Commissioner Lee Hietala, City Manager Chris Kukulski, Assistant City Manager Ron Brey, Director of Public Service Debbie Arkell, Director of Finance Anna Rosenberry, Director of Public Safety Mark Tymrak, 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. Minutes - March 7. March 21. March 28. April 4. and April 11. 2005 It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the minutes of the meetings of March 28, April 4 and April 11 , 2005, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala and Mayor Cetraro; those voting No, none. Mayor Cetraro deferred action on the minutes of the meetings of March 7 and March 21, 2005, to a later date. Consent Items City Manager Kukulski presented to the Commission the following Consent Items. Ordinance No. 1633 - amending the fee schedules for impact fees as contained in Chapter 3.24 of the Bozeman Municipal Code: finally adopt ORDINANCE NO. 1633 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTIONS 3.24.050, 3.24.060, 3.24.070, AND 3.24.080; AND PROVIDING FOR REVISED FEES IN THE TABLES FOR EACH OF THE IMPACT FEE PROGRAMS. Commission Resolution No. 3786 - amendina the Bozeman Creek Neiahborhood Plan (for the area located south of East StOry Street. north of Kaay Boulevard. west of South Church Avenue. and east of South Rouse Avenue and the Gallaaator Trail) COMMISSION RESOLUTION NO. 3786 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE ADOPTED BOZEMAN CREEK NEIGHBORHOOD PLAN, A SUB-AREA PLAN OF THE BOZEMAN 2020 COMMUNITY PLAN Authorize City Manaaerto sian - Annexation Aareement between the City of Bozeman and McDonald Land Company - 59.823-acre parcellocated between Durston Road and West Oak Street at Meagher Avenue extended Commission Resolution No. 3787 - annexina 59.823-acre parcel located between Durston Road and West Oak Street at Meaaher Avenue extended 04-18-05 . ..-------..-.----.-..- ---..-. -.-.----.. - 2 - COMMISSION RESOLUTION NO. 3787 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF A CERTAIN CONTIGUOUS TRACT OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT. Ordinance No. 1634 - establishina an initial municiDal zonina designation of "R-3" on 59.823-acre parcel located between Durston Road and West Oak Street at Meaaher Avenue extended: Drovisionally adoDt and brina back in two weeks for final adoDtion ORDINANCE NO. 1634 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP BY ESTABLISHING AN INITIAL ZONING DESIGNATION OF "R-3" (RESIDENTIAL MEDIUM DENSITY DISTRICT) ON 59.823 ACRES SITUATED IN THE E % W % SW % AND W % W % E % SE % OF SECTION 3, TOWNSHIP 2 SOUTH, RANGE 5 EAST, P.M.M., GALLATIN COUNTY, MONTANA. Authorize Mayor to sian - FindinQs of Fact and Order for BradY Avenue Minor Subdivision - subdivide 1.899 acres into four residential lots. including one lot for existina legal. non-conformina triDlex and three lots for new sinale or two- household residences ADDrOyal offinal Dlat for Brady Avenue Minor Subdivision - subdivide 1.899 acres into four residential lots. including one lot for existina leQal. non-conforming triDlex and three lots for new sinale or two-household residences Authorize City Manaaer to sian - Annexation Aareement between the City of Bozeman and AsDen Partners I. LLC - 20.12-acre Darcellyina along east side of StOry Mill Road at BoYlan Road extended Commission Resolution No. 3788 - annexing 20.12-acre Darcellvina alona east side of StOry Mill Road at Boylan Road extended COMMISSION RESOLUTION NO. 3788 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF A CERTAIN CONTIGUOUS TRACT OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT. Ordinance No. 1635 - establishina initial municiDal zonina designations of "R-1" on 12.937 acres and "R-3" on 7.187 acres in 20.12-acre Darcel lying alona east side of StOry Mill Road at Boylan Road extended: Drovisionally adoDt and bring back in two weeks for final adoDtion ORDINANCE NO. 1635 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP AND ESTABLISHING AN INITIAL MUNICIPAL ZONING DESIGNATION OF "R-1" (RESIDENTIAL SINGLE-HOUSEHOLD, LOW DENSITY DISTRICT) ON 12.937 ACRES AND "R-3" (RESIDENTIAL MEDIUM DENSITY DISTRICT) ON 7.187 ACRES LOCATED IN SECTIONS 32, T1S, R6E, PMM, GALLATIN COUNTY, MONTANA. 04-18-05 ~ - 3 - Authorize Mavor to sian - Findinas of Fact and Order for The Leaends at Bridaer Creek Subdivision - subdivide 20.12-acre parcellvina alona east side of StOry Mill Road at Bovlan Road extended into 65 residential lots Acknowledge receipt of staff report - annexation of %206 acres located west of Flora Lane. north of Mandeville Lane and east of Interstate 90 - State of Montana Department of Natural Resources and Conservation Commission Resolution No. 3789 - intent to annex :t206 acres located west of Flora Lane. north of Mandeville Lane and east of Interstate 90: set public hearina for Mav 16. 2005 COMMISSION RESOLUTION NO. 3789 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABIT ANTS THEREOF AND THE OWNERS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Commission Resolution No. 3791 - award bid for Pooled SID Bonds. Series 2005B (SID Nos. 675. 676. 677 and 678. North 19th AvenueNalley Center Road improvements) COMMISSION RESOLUTION NO. 3791 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO $3,001,000 POOLED SPECIAL IMPROVEMENT DISTRICT BONDS, SERIES 2005 (SPECIAL IMPROVEMENT DISTRICT NOS. 675, 676,677, AND 678); AWARDING THE SALE THEREOF AND APPROVING CERTAIN MATTERS WITH RESPECT THERETO. Award bid for SID Nos. 675. 676. 677 and 678 (North 19th AvenueNallev Center Road improvements) . JTL Group. Incoo Belarade. Montana - in the bid amount of $4.356.024.10 Reauest for impact fee credits under ioint fundina aareement for North 19th Avenue/ Vallev Center Road improvement proiect - Gallatin Center. in the amount of $500.000. and Cape-France Enterprises. in the amount of $100.000 Reauest for one-year extension of preliminary plat approval for Courtyard Townhomes Minor Subdivision (now known as North Black Row) - subdivide property at northwest corner of intersection of North Black Avenue and East Beall Street into five lots Authorize City Manager to sian - Purchase Agreement. Acceptance of Public Street Easement and Temporary Construction Permit for Parcel No.9. North 19th AvenueNallev Center Road proiect - Golden Ega. LLC - triangular parcel at southeast corner of North 19th Avenue/Deadman's Gulch intersection and adiacent strip Authorize City Manaaer to sian - Agreement with Glen Haven Properties. Incoo for installation of water and sewer mains to 3416 West Babcock Street Authorize City Manaaer to sign - Addendum to Professional Services Aareement for Plannina Services - between City and Winter & Company. Boulder Colorado - for Phase II of Design Obiectives Plan Update 04-18-05 __ ._...__.__...__n_.._ _._ - 4 - Authorize Citv Manaaerto sian - Amendment No.2 to Professional Services Aareement for Durston Road ImDrovements - Morrison-Maierle.lnc.. Bozeman. Montana- add $13.500 for design services for Droiectwest of North 19th Avenue Authorize Citv Manaaer to sian - AcceDtance of Joint Common ODen SDace. Joint Access and ReciDrocal Parkina Easement between FellowshiD BaDtist Church and Snowload. LLC for Snowload Condominiums AcceDt beauest from Ruth E. Osborn Trust and direct staff to forward necessary documents to facilitate distribution of beauest ADDointment of Commissioner Younaman and Commissioner Kirchhoff to sub- committee to review DeDositorv Bonds and Pledged Securities as of March 31. 2005 Buildina InsDection Division reDort for March 2005 Claims It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss and Mayor Cetraro; those voting No, none. . Public comment No comment was received under this agenda item. Certificate of ADDroDriateness to allow lawful establishment of existing basement aDartment, with deviations to allow a two-household dwellina on a lot that is 10 feet narrower than the reauired 60- foot width - Mary Ann Childs for 705 South 5th Avenue (2-04250) This was the time and place set for the continued public hearing on the Certificate of Appropriateness requested by Mary Ann Childs under Application No. 2-04250, to allow the lawful establishment of an existing basement apartment on Lots 3 and 4, Block 47, Park Addition, with a deviation from Section 18.16.040, Bozeman Municipal Code, to allow a two-household dwelling on a lot that is 10 feet narrower than the required 60-foot width. The subject property is located at 705 South 5th Avenue. Public hearing. Mayor Cetraro reopened the continued public hearing. Historic Preservation Planner Allyson Bristor presented the staff report. She stated that under this application, the property owner is seeking permission to allow the existing basement apartment to remain, resulting in a two-household dwelling unit on a lot that is narrower than allowed under the zone code. She stated no exterior alterations are proposed. The Historic Preservation Planner noted that staff has reviewed this application in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. Based on those findings, staff has forwarded a recommendation for approval, subject to three conditions. Ms. Mary Ann Childs, applicant, stated she lived in the house from 1986 to 1994 and rented the basement out during that period of time. She is now renting out both units and wishes to continue doing so. She concluded by indicating a willingness to respond to questions. No public testimony was received in opposition to this application. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. 04-18-05 .....--...........-... __n.....__. n - 5 - Decision It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the Certificate of Appropriateness requested by Mary Ann Childs under Application No. Z-04250, to allow the lawful establishment of an existing basement apartment on Lots 3 and 4, Block 47, Park Addition, with a deviation from Section 18.16.040, Bozeman Municipal Code, to allow a two-household dwelling on a lot that is 10 feet narrower than the required 50-foot width, be approved subject to the following conditions: 1. The applicant shall provide one additional surface parking space in the rear yard of the property, at least 9 feet by 20 feet in dimensions. Said parking space shall not interact with the existing driveway off the rear alley, nor shall it block the garage door entrances. Proof of the additional parking space shall be provided by submitting a revised site plan to the Department of Planning within 45 days of this Certificate of Appropriateness approval. 2. 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 become null and void. 3. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness with deviation 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 18.64.100 of the Bozeman Municipal Code. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, Commissioner Youngman and Mayor Cetraro; those voting No, none. Preliminarv Plat. laurel Glen Amended Maior Subdivision. amend plat for laurel Glen Subdivision. Phase II. to modify Block 16. eliminate cul-de-sac in Block 15. and include Lot 1. Block 34. as Dart of Phase 11- Hineslev Familv Limited Partnership (P-02012C) This was the time and place set for the public hearing on the preliminary plat for the Laurel Glen Amended Major Subdivision, as submitted by C&H Engineering and Surveying, Inc., for the Hinesley Family Limited Partnership under Application No. P-02012C, to amend the plat for Laurel Glen Subdivision, Phase II, to modify Block 16 by adding two 11 ,808-square-foot lots on the north end; to eliminate the cul-de-sac in Block 15; and to include Lot 1, Block 34, in Phase II instead of Phase IV. The subject property is located approximately one-quarter mile west of the intersection of Durston Road and Cottonwood Road, and lies along the south side of West Oak Street extended. Public hearing Mayor Cetraro opened the public hearing. Senior Planner Dave Skelton presented the staff report. He noted that Laurel Glen Subdivision is a 156-lot mixed use residential development along the north side of Durston Road. Phase I has been platted, and considerable construction is occurring at this time; Phases II, III and IV are still subject to preliminary plat approval, which has been granted a one-year extension to May 2006. Under this application, the plat for Phase II is to be modified, as follows: (1) modify Block 16 by adding two 11,808- square-foot lots on the north end; (2) modify the street layout in Block 15 to eliminate the cul-de-sac initially proposed, in response to Commission comment; and (3) include Lot 1, Block 34, in Phase II instead of Phase IV. The Senior Planner 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. Based on those findings, staff has recommended approval of the amended plat, subject to three conditions. Following its review on April 5, the Planning Board concurred in staff's recommendation for approval. 04-18-05 .--.-.. ....-.........- ..-.--.-- - 6- Senior Planner Skelton noted that Dr. Nollmeyer owns the property immediately to the west, and that property is currently in agricultural use. Early on, it was recognized that the agricultural fence separating the two properties may, in fact, encroach 2 to 4 feet onto the Laurel Glen property. Unfortunately, development occurring within Phase I has resulted in damage to that fence, on lots not currently in the applicant's ownership. He indicated that Mr. Hinesley has offered to replace the fence from the south end of the park in Phase I to the north end of the subject property; however, that does not resolve the problems with the damaged fence between Durston Road and the park. In light of this situation, staff is recommending that the language in the homeowners' association documents be revised to put individual lot owners on notice that this is an agricultural fence and that it needs to be protected. Mr. Cory Frehsee, C&H Engineering, indicated concurrence with the staff report and a willingness to respond to questions. Dr. Richard Nollmeyer, property owner to the west, distributed copies of his testimony and pictures of his fence. He stated that he purchased this property and built on it 42 years ago; and the fence that separated his property from this subject property had been in place for many years before that. He stressed that Montana state law prohibits the destruction of an agricultural fence without approval of the property owner; and that has not occurred in this instance. Further, he noted a livestock fence cannot be removed without another fence first being established; in this instance, the fence was damaged while the pasture was still in use. He expressed concern that the renter of his pastureland intends to move his cattle onto this property by the end of the month; and that cannot occur unless this fence is repaired or a new one constructed. He asked that the Commission not allow further development in this subdivision until those responsible for replacing the fence have done so. He also asked that the dirt and debris deposited on the eastern portion of his property be removed. Mr. Chuck Hinesley, applicant, noted he is sympathetic to Dr. Nollmeyer's situation; however, he cannot address it since he no longer owns the subject property. He stated that, when he acquired the property, he found the fence was actually six feet onto his property but acknowledged that the encroachment did not give the current owner the right to damage the fence. He concluded by affirming his intent to rebuild the fence from the park north to the property line, stating it is not his intent to hurt Dr. Nollmeyer or his property. No public comment was received on this application. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision Senior Planner Dave Skelton noted that larger condominium structures are being constructed on the lots where the fence has been damaged. He stated that, in light of the damage to the fence, staff has looked at the possibility of issuing a cease and desist order until the situation is addressed; and staff would not have granted temporary occupancy permits if it had known about these problems before doing so. He indicated that, while visiting the site, he witnessed two separate residents and their dogs trespassing onto Dr. Nollmeyer's property; and he recognizes the importance of getting the fence reconstructed as soon as possible. It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the preliminary plat for the Laurel Glen Amended Major Subdivision, as submitted by C&H Engineering and Surveying, Inc., for the Hinesley Family Limited Partnership under Application No. P-02012C, to amend the plat for Laurel Glen Subdivision, Phase II, to modify Block 16 by adding two 11 ,808-square-foot lots on the north end; to eliminate the cul-de-sac in Block 15; and to include Lot 1, Block 34, in Phase II instead of Phase IV, be approved, subject to the following conditions: 1. That all conditions of preliminary plat approval for Application Nos. P-02012 and P-01 012A will apply to approval of the amended plat for Phase II of Laurel Glen Subdivision. 2. That the final plat for the remaining phases of Laurel Glen Subdivision and the homeowners' association documents contain language that outlines provisions by the homeowners' association and landowners of applicable individual lots that 04-18-05 - 7 - border agricultural lands to participate in the maintenance and protection of adjoining agricultural fences. 3. That the applicant specifically adhere to Condition No. 22 regarding a formal parks plan and Condition No. 37 regarding implementation of a noxious weed plan as outlined in Application No. P-02012, prior to submitting for final plat approval of Laurel Glen Subdivision, Phase II. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff and Mayor Cetraro; those voting No, none. Informational hearina ~ Site Plan to allow construction of 6.400~sauare~foot residential services building on Law and Justice Center propertv. 615 South 16th Avenue (Detention Center Re~Entrv Facility) (Z~05042) This was the time and place set for the informational meeting on the site plan proposal submitted by Gallatin County under Application No. Z-05042, to construct a 6,400-square-foot residential services building on Tract A, CDS No. 691. The subject property is located at 615 South 16th Avenue and houses the County's Law and Justice Center. Public Hearing. Mayor Cetraro opened the public hearing. Associate Planner Jami Morris presented the staff report. She noted that the proposed re-entry facility is to be constructed in the southeast corner of the Law and Justice Center property as the first step in further development of this site. She identified the code requirements that are not being met under this application, including landscaping, curbing, installation of a bike rack and applying for building permits. The Associate Planner noted that the Development Review Committee considered this application at its March 30 meeting, and comments from that meeting have been included in the Commission packet. She concluded by reminding the Commission that, since a governmental entity is making application for this project, this is an informational hearing only, to provide a forum for public comment; and no action is to be taken. District Court Administrator Dorothy Bradley stated she also serves as staff to the Criminal Justice Coordinating Council, which is doing proactive planning to improve the jUdicial system and identify a continuum of services and approaches in the criminal justice system. One of the identified deficiencies is residential services for those who are offenders but also suffer from substance abuse problems and who need a more structured environment and intense monitoring. She noted that under this application, the County will have ten beds and the State will have twenty beds within the re-entry facility. It is to be a County-operated facility on what is anticipated to be a criminal justice campus that includes the current jail, future jail, law enforcement building, and court building. Ms. Bobbie Giese, 3475 Tumbleweed, stated she owns a home on South 15th Avenue. She commended the County task for its effort to create a criminal justice campus; but she does not believe this is the proper location. She highlighted a bullet point list of neighborhood requests that she had e-mailed the Commission, which includes: (1) construction of the project to meet all City code standards, setbacks and public notification requirements; (2) the inmate review committee to include a neighborhood representative; (3) downward lighting be provided; (4) aesthetically pleasing wood fence with landscaping be constructed along the east, south and north borders; (5) public notification of campus plans, including a depiction of area residences; (6) permanently block off the gravel "road" onto the 400 block of South 15th Avenue and construct a sidewalk; (7) address the noxious weed problem on the County property; (8) provide a warning/notification system for the neighborhood when residents are unaccounted for; (9) provide direct neighborhood notification of project construction; (10) create a pUblic reimbursement fund for neighbors to improve their home safety systems and lock systems; (11) provide unbiased before and after statistics from other similar urban campuses; and (12) move this campus to an alternative location that is not adjacent to existing residences. 04-18-05 - ..-.-.-. . ..--- ...-- --------.--------.".-.-.- --- - 8 - Mr. Rance Harmon, 721 South 15th Avenue, stated his condominium is "a stone's throw" from the proposed new facility. He is concerned about the safety of his wife and fourteen-month-old daughter with this facility, which is to be located in a high-density residential area adjacent to the MSU campus and family housing. He noted the law and justice campus is located on high value property and questioned the fiscal sense of locating this type of facility on such valuable property. He characterized the neighborhood as one filled with young families, not an affluent neighborhood. He then provided copies of newspaper articles from November 21 and December 18, 2004, about this proposed project and identified a number of concerns, noting he agrees with those concerns. Commissioner Youngman recognized that not all of the items on the list from the neighborhood relate to the site plan; however, she asked for comment on each of them. She also voiced concern that only two of the nine code provisions are being met in the applicant and observed that when this project was initially presented during the open house at the Courthouse, it was with the assurance that at least the landscaping requirement would be met. Mr. Dick Prugh, architect addressed the nine code requirements, as follows. (1) All of the information for the final site plan is being provided although it has not yet been fully prepared. (2) The contractor for the project will be responsible for obtaining the necessary building permits and ensuring all building and health codes are met. (3) No exterior mechanical equipment is being provided. (4) Lighting will meet the City code, and cut sheets of the fixtures will be submitted to staff. (5) The parking lot is to be paved; however, until the entire law and justice campus is complete, they do not intend to install the curbing. At the present time, a perimeter road is planned, with berming and landscaping to be provided along the eastern boundary to address some of the issues and concerns that have been raised. (6) The residents of the re-entry facility will not be allowed to ride bicycles; the only ones who may need a bike rack would be the employees and, if needed, one will be provided. (7) An irrigation system is not proposed at this time; however, trees and flower beds are to be planted in conjunction with the re-entry facility. Outside connections are to be provided on both sides of the house; and residents are expected to maintain, water and possibly enhance that landscaping as part of their rehabilitation. (8) The extent of the landscaping on the entire campus will be dependent on the size of the bond issue approved by the electorate. (9) This proposed re-entry facility is located more than 70 feet from the property lines, which allows for installation of the anticipated perimeter road that will provide access for fire trucks and other emergency vehicles as well as provide a separation between this campus and adjacent properties. Responding to Commissioner Youngman, Mr. Prugh stated that security ofthe site must be identified before determining whether the existing gravel road and a new sidewalk should be considered. He then noted the Sheriff's Department is not eager to see fences on the property, since they allow people to conceal themselves and get closer to the buildings. He does not see any problem with a fence around the re-entry facility, but suggested the proposed landscaping may provide the screening desired. Responding to Commissioner Krauss, Mr. Prugh confirmed that lighting will meet code requirements. He then indicated that the only site plan currently available is the one in the master plan for the entire site. He noted the County has hired a number of consultants, and all are working on various aspects of the campus, which may take as much as twenty years to develop. Responding to Commissioner Kirchhoff, Mr. Prugh indicated there is to be a sidewalk in front of the building but not one leading to the building. Mr. David Crawford, TD&H Engineering, noted that a site plan typically includes a stormwater detention/retention plan; in this instance that plan will be part of the continuing development of the site. At Commissioner Kirchhoff's request District Court Administrator Bradley provided responses to each of the issues identified by the neighbors. She acknowledged their concerns, noting they are valid and that the County will work to address them as the overall campus is developed. She stated the re-entry structure is a manufactured building, and the provider will ensure that codes are met. She indicated that under State statutes, the composition of the inmate review committee is heavily law enforcement; however, she noted the County has committed to ensuring one resident from the neighborhood is a full member of that committee. She voiced respect for the concerns of law enforcement in adding fences to the property; committed to providing downward lighting; and indicated that the weed issue will be addressed. She expressed concern about the inability to provide the type of public notification that attracts people to meetings such as the recent open house but voiced a continuing commitment to provide notice. She suggested that having a resident on the review committee may help provide that link. She then indicated 04-18-05 ----.-- ---.....--..---...- - 9 - that sidewalk and street connections are to be part of the overall plans for the site and will not be addressed at this time. She concluded by stating that this re-entry facility is designed to make the community safer, since it provides safety net for those most at risk. She stressed that this is to be a County operated facility, not under the State's Department of Corrections. Commissioner Kirchhoff recognized the benefits of a facility that provides treatment, therapy and a controlled environment. He asked, however, if this type of facility is typically located in a residential area. Ms. Bradley responded that some facilities are located in more commercial areas, although Butte's is located in a residential uptown area. Commissioner Youngman suggested that, as this campus develops, the County consider using the City's Neighborhood Coordinator, Tracy Oulman, as a resource in contacting the neighborhood. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Conditional Use Permit with Certificate of Appropriateness - allow reuse of an existina structure for a buffet and gaming Darlor with on-Dremise consumption of liquor in a Class 1 entrvwav corridor - Gaston Enaineerina & Survevina for Montana Opportunities. LLC (Luckv Lils) - 1510 North 19th Avenue (Z-05012) This was the time and place set for the decision on the Conditional Use Permit with Certificate of Appropriateness as requested by Gaston Engineering & Surveying for Montana Opportunities, LLC, under Application No. Z-05012, to allow for re-use of the existing structure on Lot 7, Bridger Peaks Town Center P.U.D. Major Subdivision, Phase I, for a buffet and gaming parlor with on-premise consumption of alcoholic beverages. The subject property is located at 1510 North 19th Avenue. Included in the Commissioners' packets were a memo from staff reminding the Commission that the public hearing on this application was held on March 7 and forwarding proposed revisions to the conditions initially recommended and a copy of the draft minutes from the public hearing. Public hearing Mayor Cetraro reopened the public hearing. Planner Ben Ehreth gave a brief overview of the project, which involves re-use of the former Denny's restaurant as a buffet and gaming parlor with on-premise consumption of alcoholic beverages. He noted that during the initial hearing on March 7, concerns were raised about naming of the facility and the statewide blanket advertising that might identify this as a casino. In light of some of the issues and concerns raised during the public hearing, he noted staff has added a proposed condition to require that the proposed signage and color palette be submitted to staff for review and approval. Mr. Dan Sampson, Montana Opportunities, stated they have made efforts to change the color scheme and layout of the building to distinguish it from others, and drew attention to the new proposed signage. He then asked if the Commissioners are willing to accept the lighted band at the top of the building. Responding to Commissioner Krauss, Mr. Sampson stated the building is currently Courtney Rose and Charming Rose Dry-vit, colors which were approved as part of the overall Bridger Peaks Town Center. Responding to questions, Mr. Sampson stated the existing windows are to remain, thus stressing the buffet component of the project. Mr. Lyle Cussan stated that the proposed lighted band has been subdued from the purple originally proposed. Also, the sign has been revised by adding mountains to give it more of a Bozeman feel and the colors have been muted. He stated that the existing chrome is to be removed from the building, thus eliminating that garrish look. He concluded by asking that the Commissioners consider this establishment as a buffet with an on-premise license for beer and wine. Responding to Commissioner Youngman, Mr. Cussan stated this site is limited to 81 square feet of exterior signage; and there is not adequate room to include the buffet in that signage. 04-18-05 -..-- - 10 - No public comment was received on this application. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the Conditional Use Permit with Certificate of Appropriateness as requested by Gaston Engineering & Surveying for Montana Opportunities, LLC, under Application No. Z-05012, to allow for re-use of the existing structure on Lot 7, Bridger Peaks Town Center P.U.D. Major Subdivision, Phase I, for a buffet and gaming parlor with on-premise consumption of alcoholic beverages, be approved subject to the following conditions: 1. The applicant shall obtain a City of Bozeman Beer and Wine License and provide the Planning Department with a copy of the license prior to final approval. 2. A copy of the State Revenue Department On-Premise Beer and Wine License for the buffet and gaming parlor at 1510 North 19th Avenue shall be submitted to the Planning Office prior to final site plan approval. Furthermore, any expansions, modifications, or enlargement in the scope of the on-premise beer and wine license or its use, as established as of date of issuance of the license, will require another authorized Conditional Use Permit. 3. The proposed establishment shall not be: referenced as a casino by signage, advertisement, or by name; contain more than one card table on the premises; and/or contain more than 14 gambling machines on the premises. 4. 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 the special conditions shall constitute restrictions running with the land, shall be binding upon the owner of the land, their 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. 5. The proposed back lit "cabinet style" lighting and the existing neon lighting shall be eliminated. 6. Additional vertical accenting shall be added to the north facing facade, east of the main entrance. Vertical accenting may be accomplished through additional architectural detailing or the strategic placement of a large coniferous tree. 7. Any modifications visible from the exterior of the structure, not specifically represented in the current application (#Z-05012) shall be submitted to the Bozeman Department of Planning for review and approval, prior to construction and/or installation. 8. An updated final site plan shall be submitted. The final site plan shall be adequately dimensioned and a complete legend of all line types used shall be provided. 9. 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. 10. The applicant is advised that any establishments responsible for food preparation shall use and maintain an outside two-compartment grease interceptor. Interceptor design and installation is subject to City of Bozeman Building Department 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. 04-18-05 ---..,... - 11 - 11. Signage and color palette detail, compatible with the rest of the Bridger Peaks Town Center development, shall be provided with the final site plan and shall be subject to review and approval by the Administrative- Design Review staff. 12. All code provisions shall be met, in particular, the following: . 18.34.130 FINAL SITE PLAN. The applicant must submit seven (7) copies of a final site plan within 6 months of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. . 18.64.100 BUILDING PERMIT REQUIREMENTS. 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. . 18.42.150 LIGHTING. All outdoor lighting fixtures shall be shielded in such a manner that no light is emitted above a horizontal plane passing through the lowest point of the light emitting element, so that direct light emitted above a horizontal plane is eliminated. Current up-lighting fixtures on the existing structure shall be removed or modified to direct light downward. . 18.46.040 NUMBER OF PARKING SPACES REQUIRED. All site development, exclusive of those qualifying for sketch plan review per Chapter 18.34, Bozeman Municipal Code, shall provide adequate bicycle parking facilities to accommodate bicycle riding residents and/or employees and customers of the proposed development. Bicycle parking facilities will be in conformance with standards recommended by the Bozeman Bicycle Advisory Board. . 18.52.060 SIGNS PERMITTED UPON THE ISSUANCE OF A SIGN PERMIT. Wall signs are not to exceed a total signage allowance of 1.5 square feet per linear foot of building frontage minus any area devoted to freestanding or projecting signs. Canopy, window, and awning signs shall be classified as wall signs. Wall signs shall not project above the top of a wall or parapet. . Illumination, if any, shall be provided by artificial light which is constant in intensity and color. Internally illuminated "can signs" are acceptable provided background and copy are coordinated to avoid excessive light output. Neon and other gas type transformers shall be limited to 60 milliamperes and fluorescent transformers shall be limited to 800 milliamperes to soften light output. . The applicant shall be required to sprinkle the existing structure if building square footage exceeds 5,000 feet or occupancy exceeds 300 persons. . All plantings 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. . 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. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala and Mayor Cetraro; those voting No, none. 04-18-05 --.-------..".--.. - 12 - Reauest from Prugh and Lenon Architects for Commission to reconsider conditions of aDDroval for The Garaae at City Center Included in the Commissioners' packets was an excerpt from the draft minutes for the March 7 meeting, at which the public hearing on the Certificate of Appropriateness with deviations for The Garage at City Center was held and the decision was made, with approval subject to seventeen conditions. Assistant City Manager Ron Brey distributed copies of the letter from Prugh and Lenon Architects that was included in last week's packet. He noted that during the previous public hearing on this item, the four conditions about which the applicant was most concerned were identified, and discussion revolved around those items. The applicant has identified four additional conditions which they felt had been adequately addressed in discussions with staff. He noted that, if the Commission chooses to reconsider the requested items, staff will schedule a public hearing at the earliest possible date. Mr. Dick Prugh noted concurrence with the Assistant City Manager's comments. He noted the applicant and his team were under the assumption that the four items on which they had compromised with staff had been adequately addressed; however, when the motion was made, it was based on the conditions as originally written. A number of those items are not major; however, screening of the openings on all sides of the parking garage is a huge issue and, if required, will add $200,000 to a project on which every effort is currently being made to reduce costs and bring it within budget. Commissioner Krauss stated he has no problem reconsidering Condition Nos. 2, 7 and 14; however, he noted that the Commission did hear from the public on Condition No. 12. He recognized that it may not be necessary to require screening from the alleyway, but he is concerned about the other openings. Commissioner Youngman stated that she consciously included the requirement for screening when she made the motion at the March 7 meeting. She then voiced a willingness to consider lifting that requirement on the alley side of the structure and to consider Condition Nos. 2, 7 and 14 again. It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the Commission reconsider Condition Nos. 2, 7, 12 and 14 for approval of the Certificate of Appropriateness with deviations for The Garage at City Center at the earliest possible Commission meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss and Mayor Cetraro; those voting No, none. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1 ) Letter from the Gallatin County/City of Bozeman/City of Belgrade Public Transit Stakeholders' Board announcing that Brian Close has submitted his resignation from that board and requesting that a replacement be appointed. (2) Resignation from the Historic Preservation Advisory Board, submitted by Dean Williamson. (3) Copies of news releases announcing temporary closure of the landfill due to high winds on Thursday, April 14, and announcing the reopening of the landfill on the same day. (4) Copy of an ordinance amending Chapter 8.05, pertaining to alarm systems. (5) Copy of a letter from Director of Public Service Debbie Arkell to Dan Kamp clarifying information presented during the informal review on the Fellowship Baptist Church. (6) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, April 19, at the Courthouse. (7) Agendas for the Planning Board meeting to be held at 7:00 p.m. and the Zoning Commission meeting to be held at 7:30 p.m. on Tuesday, April 19, in the Commission Room. 04-18-05 - 13 - (8) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Wednesday, April 20, in the Commission Room. (9) City Manager Kukulski submitted the following. (1) Noted that staff plans to add more public hearings on the first and third weeks of each month to accommodate upcoming projects. He stressed the importance of retaining the work sessions to talk about big pictures items. He also proposed that regular Commission meetings be held on the four fifth Mondays each year. (2) Stated he had a good time on his vacation in Park City last week, and found some good ideas in the improvements made there for the recent Olympics. (3) Announced that he spent today in meetings with a consultant about the City's health insurance program; and that meeting revealed several areas in which the City may be able to reduce costs. (4) Stated that he and Director of Finance Rosenberry will begin working on the budget again, in an attempt to bring it into balance. He noted that, as the legislative session winds down, the City has gained no new abilities to fund its costs of operation. (5) Noted that the Commissioners will be receiving phone calls from Josh Levitt, the facilitator for next week's work session/retreat with staff, in preparation for that meeting. (6) Announced that last Friday, closure on the impact fee lawsuit and settlement agreement was obtained. He recognized that Staff Attorney Tim Cooper and Bob Planalp, the City's outside counsel, worked extremely hard on this lawsuit over the last six years to obtain the closure. (10) Planning Director Epple submitted the following. (1) Announced that four staff planners will be attending the Rocky Mountain Land Institute in Denver next week. (2) Distributed copies of the 2004 annual report. He noted that last year, there were 881 new housing units in Bozeman; through the first quarter of this year, the number of new housing units is 16 percent above last year's pace. (3) Noted that one of the items to be considered by the Zoning Commission at tomorrow night's meeting is a three-lot zone change for Simkins Hallin that has become controversial. He recognized the great benefits that Neighborhood Coordinator Tracy Oulman has been able to provide in pUlling together neighborhood meetings and disseminating information to assist in diffusing controversial situations, and the result has been less heated meetings and more informed testimony. (4) Announced that the main floor of the Professional Building is now engaged in a remodel, to turn the counter in the front 90 degrees so that it can be easily accessed from either outside door. (5) Announced that Chris Saunders has been named Assistant Director. (6) Stated that GalaVan and the School District have reached a lease agreement for a bus facility that does not result in the need for subdivision of land. (11 ) Director of Public Service Arkell submitted the following. (1) Stated that staff has put the plows back on in light of the current snow, noting that the Water Treatment Plant had 18 inches of snow as of this afternoon, and indicated that the snow has resulted in power outages all over town. (2) Announced that two of the Street Department staff are attending a national snow conference at the present time. (3) Stated the Lyman Creek Reservoir continues to leak, and staff is working with a contractor and engineer in an effort to address the situation. (12) Assistant City Manager Brey submitted the following. (1) Met with the watershed council today, noting that they wish to re-form and revitalize and move toward addressing management of the watershed and the drought and fire concerns before this summer. (2) Stated he has received an e-mail of the big box study, noting the consultant has chosen not to adjust the report in light of the fifteen comments submitted. As a result, he plans to ask the consultant to finalize the report and prepare to present it to the Commission. (3) Announced he will be attending an ICMA conference on best practices in Austin, Texas, next week. (13) Commissioner Youngman submitted the following. (1)Announcedthatshewill beoutoftown for the remainder of the week. (2) Stated she has worked with Forester Ryan Stover to prepare for an Arbor Day planting at Bogert Park on Friday, April 29, in recognition of former Commissioner Joe Frost, who was instrumental in getting the Tree City USA designation for Bozeman and an urban forestry management program in place. (14) Commissioner Krauss submitted the following. (1) Announced that he will be participating in a public power authority meeting on April 29. (2) Noted the Recreation and Parks Advisory Board and Planning staff are accumulating data in preparation for developing the Parks, Recreation, Open Space and Trails (PROST) Plan. (15) Commissioner Hietala observed that the Lyman Creek Reservoir project once again demonstrates the need for a project manager position or, at a minimum, a volunteer oversight committee. 04-18-05 --.--...------ -........-".---.. -14- Commissioner Krauss voiced his support for a project manager position, noting that members from the Library project are asking who the contact person is to be during that construction. City Manager Kukulski noted that Martel Construction is the project manager at risk on the Library and recognized that the architect, project manager and someone from the City need to communicate closely to keep the project on track. (16) Commissioner Kirchhoff submitted the following. (1) Asked that the Clerk of the Commission begin advertising for the position on the public transit stakeholders board so the Commission can appoint a replacement as soon as possible. (2) Noted that he presented the proclamation to Rhonda Larson during her concert on Wednesday evening, and she was pleased to receive it. (17) Mayor Cetraro announced that the Budweiser Clydesdales are to be in Bozeman during the last week of June and asked if there is anything the City wishes to use them for. Adiournment ~ 9:15 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, Commissioner Youngm a d Mayor Cetraro; those voting No, none. ATTEST: e~.~~ Clerk of the Commission 04-18-05