Loading...
HomeMy WebLinkAbout2005-04-04 Minutes, City Commission ..--.------.---- . ...------... MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA April 4, 2005 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, April 4, 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, Staff Attorney Susan Wordal 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 and March 28. 2005 Mayor Cetraro deferred action on the minutes of the meetings of March 7, March 21 and March 28, 2005, to a later date. Consent Items City Manager Kukulski presented to the Commission the following Consent Items. Proclamation - "Library Week 2005" - ADril1 0-16. 2005 Ordinance No. 1631 - Drovidina for adoDtion of the model technical codes bY administrative order and settina of fees by resolution: finally adoDt ORDINANCE NO. 1631 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, TO AMEND THE BOZEMAN MUNICIPAL CODE BY MODIFYING SECTIONS 15.01.010, 15.01.020,15.04.010,15.05.010,15.07.010, 15.08.010, 15.12.010, 1514.010, 15.16.010, 15.20.010 THROUGH 15.20.140, 15.28.010 THROUGH 15.28.070, AND 15.28.090 THROUGH 15.28.130; TO BRING THE CITY'S MECHANISM FOR ADOPTION OF THE MODEL TECHNICAL CODES INTO COMPLIANCE WITH CURRENT REQUIREMENTS OF THE STATE BUILDING CODES BUREAU FORA CERTIFIED LOCAL GOVERNMENT PROGRAM; BY ADDING SECTIONS 15.01.015, AND 15.02.010 THROUGH 15.02.030, PROVIDING FOR A DEFINITION AND ESTABLISHING A MECHANISM FOR BUILDING FEE CALCULATIONS AND FOR ADOPTION OF THOSE FEES BY RESOLUTION. AND BY REPEALING SECTIONS 15.08.020 THROUGH 15.08.190, 15.12.020, 15.12.030, 15.16.015 THROUGH 15.16.030, 15.24.010, 15.28.080, 15.30.010; TO ELIMINATE OUTDATED REQUIREMENTS AND PROVISIONS. Ordinance No. 1632 - establishing the "Office of the City Clerk": finally adopt ORDINANCE NO. 1632 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING A NEW CHAPTER 2.30, ENTITLED "OFFICE OF THE CITY CLERK"; BY AMENDING AND RENUMBERING SECTION 2.32.050, ESTABLISHING THE REQUIREMENT FOR A BOND AND OATH; AND BY REPEALING SECTION 2.04.060. 04-04-05 -- - 2 - Ordinance No. 1633 - amendina the fee schedules for impact fees as contained in Chapter 3.24 of the Bozeman Municipal Code: provisionally adopt and brina back in two weeks for final adoption 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. 3785 ~ authorize City Manager to sian Chanae Order No. 1 for SID No. 683 (West Babcock Street improvements) COMMISSION RESOLUTION NO. 3785 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING ALTERATION/MODIFICATION OF CONTRACT WITH JTL GROUP, INC., BELGRADE, MONTANA. Authorize City Manaaer to sign - Baxter Lane/Hampton Water Loop PaYback Aareement with Tange Family LLC Authorize City Manaaer to sian - Acceptance of Sewer and Water Pipeline and Access Easement and Aareement - Grea Lovaren and Ronald Stafford - 30-foot-wide easement across Lot 5. StoneRidae PUD Subdivision. Phase 2A. for Snowload Condominiums Authorize City Manaaer to sian - Acceptance of Sewer and Water Pipeline and Access Easement and Agreement - Fellowship Baptist Church ~ 30-foot-wide easement across Tract B. Amended Plat of Lots 1 and 2. Block 13. Annie Subdivision. Phase I. for Snowload Condominiums Authorize City Manaaer to sian - Amendment No. 2 to Professional Services Agreement for Special Improvement District No. 674 (Bridaer Center Subdivision) - Morrison-Maierle. Inc.. Bozeman. Montana - add $1.500 for desian enaineering phase and $10.855 for construction phase Authorize City Manaaer to sian - Amendment No. 2 to Professional Services Aareement for Special Improvement District No. 683 (West Babcock Street improvements) - Morrison-Maierle. Inc.. Bozeman. Montana - add $50.899 for design enaineerina phase and $257.368 for the construction phase Authorize Citv Manaaer to sian documents for Parcel No. 13 for North 19th Avenue/ Valley Center Road proiect. as follows: (1) Purchase Aareement for trianale containina 949 sauare feet at northeast corner of intersection of North 19th Avenue and Rawhide Ridae: (2) Acceptance of Quit Claim Deed for subject trianale: (3) Temporary Construction Permit - 20- to 30~foot-wide strip immediatelv adjacent to deeded trianale - Double S Holdings. LLC Authorize City Manaaer to sign documents for Parcel No. 23 for North 19th Avenue/ Vallev Center Road project. as follows: (1) Purchase Aareement for 20-foot bv 60-foot easement at northwest corner of intersection of Valley Center Road and Catron Street: (2) Acceptance of Public Street Easement for subject parcel: (3) Temporarv Construction Permit - 30~foot bv 40-foot parcel and 13- foot bv 20-foot parcel adiacent to Vallev Center Road - Vallev Center Enterprises. LLC Authorize Citv Manaaerto sian - Temporarv Construction Permit for Parcel No. 21 for North 19th AvenueNallev Center Road project - various seaments of Tract E-1. COS No. 1827. along the west side of Vallev Center Road - Accola Ranch. Inc. 04-04-05 - 3 - Approval of reauest to connect to municipal water and sewer services prior to annexation - Shinina Mountains Lutheran Church for residences at 321 and 325 North 25th Avenue. subiect to conditions in memo dated April 4. 2005 Authorize Mavor to sian - Findings of Fact and Order for the amended preliminarv plat for The Villaae Downtown PUD Subdivision - allow re-subdivision of approximatelv 8 acres to reduce the number of residential townhouse lots from 32 to 28 (east of North Broadway Avenue on both sides of Villaae Downtown Boulevard) Approval of amended final plat for The Villaae Downtown PUD Subdivision - re- subdivide approximatelv 8 acres to reduce the number of residential townhouse lots from 32 to 28 (east of North Broadwav Avenue on both sides of Villaae Downtown Boulevard) (P-04059) Approval of exemption from subdivision regulations - amended plat to relocate common boundaries in Spring Creek Villaae Subdivision (Lot 3. Minor Subdivision No. 295) (west of Ferguson Avenue between Fallon Street and West Babcock Street) Approval of final plat for minor subdivision - divide 0.5 acres described as Lot 1. Block 1. Diamond Estates Subdivision. into two lots (north of Durston Road and east of Meaaher Avenue) (P-05005) Claims It was moved by Commissioner Krauss, seconded by Commissioner Youngman, 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 Krauss, Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala and Mayor Cetraro; those voting No, none. Reiect all proposals received in response to the reauest for proposals for salellease of the StOry Mansion Commissioner Hietala stated he had requested that this item be removed from the consent items to give the Commission an opportunity to consider a revised offer from Mr. Delaney that includes all cash. He noted that a copy of the written proposal was distributed just prior to the meeting. Commissioner Krauss noted that the original proposal, however, does not meet the criteria in the request for proposals because it includes the construction of three new houses on the site. Commissioner Kirchhoff noted the Commission has no proposal to consider at this time. City Manager Kukulski noted that he has discussed the request for proposals process with legal staff at length. Since none of the responses meets the criteria set forth in the request for proposals, since none of the proposals were complete and since one proposal was received well after the deadline and has not been considered in the review process, legal counsel has advised that this process be completed and that a new process be started. He then noted that, in light of Commission discussion at last week's meeting, staff is prepared to proceed with a new request for proposals in May. He suggested that Mr. Delaney's revised proposal could be submitted at that time, for consideration through the normal process. FOllowing discussion, it was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the Commission concur in staff's recommendation that all responses to the current request for proposals for the Story Mansion be rejected and that staff be directed to prepare a second request for proposals for distribution in May. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff, Commissioner Krauss and Mayor Cetraro; those voting No being Commissioner Hietala. 04-04-05 .____...___n_..._n..._. - 4 - Award bid - new Bozeman Public Library in the maximum orice of $1 0.500.000 oer soreadsheet from bid ooenina on March 23. 2005 Commissioner Krauss noted he had requested this item be removed from the consent items for a variety of reasons. He is concerned about the proposed decrease in the contingency to bring the project within budget. He finds the $61,265 contingency in the spreadsheet unacceptable and wants the contingency increased to the $260,000 in the original estimate, noting even that is low for a $10.5 million project. Second, he asked that the Foundation turn over all of the monies it has collected within thirty days after ground breaking and that any new monies collected be turned over to the City within thirty days so that those monies can be used toward funding the construction costs. He also requested evidence of continued fundraising efforts on behalf of the project. He noted the City is facing many uncertainties about how the general fund is to be repaid and asked for a review of that commitment. Mr. Tony Martel, Martel Construction, stated that when the bids were received and the bid summary created, a contingency of $260,000 was proposed to cover unforeseen costs. To meet the mandate of a $10,500,000 project, however, the amount in the contingency was lowered to $61,000; and his intent is to negotiate with some of the sub-contractors over the next thirty days to lower those bids and capture $200,000 to fully fund the contingency. He noted that the monies set aside for furniture, furnishings and equipment won't be spent for over a year and suggested that those monies could possibly be used to fund the contingency during construction. He concluded by noting that after all negotiations have been completed and the costs set, Martel Construction will be prepared to enter into a contract with the City for construction of the new library. Responding to Commissioner Krauss, Mr. Martel stated that over a year ago, the Bozeman Public Library signed a contract with Martel Construction for this project. The next step is to sign the second part of the contract, which guarantees that the project will be constructed at a maximum cost of $1 0,500,000 plus the alternate for the LEED portion, which is a photovoltaic (solar) system. He noted that this contract puts the burden on his company to provide the project within the maximum cost. He stated that, if the Commission approves this agenda item, the second part of the contract can be executed as early as tomorrow. Responding to Commissioner Kirchhoff, Mr. Martel stated the furniture, furnishings and equipment will not be needed until the end of the project, and can be purchased six to nine months before the new building is open. He then indicated that the maximum price can be exceeded only for unforeseen conditions or if the owner increases the scope of the work in some manner. Responding to Commissioner Kirchhoff, City Manager Kukulski stated the Montana Department of Environmental Quality has signed off on the area where the new library is to be constructed but has not signed off on the entire parcel. He noted there is a separate $200,000 contingency to deal with the possibility of additional clean up that may be needed on the remainder of the site and stressed the importance of that contingency not becoming part ofthe library project or its contingency. Responding to comments from Commissioner Hietala, Mr. Martel stated the LEED portion of the project is covered through other funds, including a grant and local match being made by a private individual. Commissioner Kirchhoff observed that, no matter how the contractor tries to increase the contingency, the result is to take away something else or change a material listed. Mr. Martel stated this process allows him to revisit every proposal and determine if any of the bids is the result of confusion during the bid process and needs to be adjusted downward. He also noted that some of the costs can be reduced through a value engineering process. Mr. Jerry Bancroft, Library Board of Trustees, stated that the bids were within the 7 -percent acceptable limit; and efforts are now being undertaken to negotiate the costs down to the $10,500,000 maximum. He then stressed that it is in Martel Construction's best interests to rebuild the contingency, since they are committing to complete the project for a maximum amount. Commissioner Krauss stressed that, as a condition of starting the project, the City must receive the monies collected by the Foundation to date and must have a commitment to continue fundraising. 04-04-05 -.--.----.-....-..".-..-........ - 5 - Ms. Wendy Bay Lewis, representing the Foundation, stated that since 2002, they have undertaken a capital campaign to assure this project will be constructed. She assured the Commission that the Foundation is well on its way to raising nearly $6 million, with the largest portion of that being in private funds. She stated that, as of today, they have $4,850,000 in deliverable funds. She noted that six to eight families have pledged amounts of $1 00,000 or more, with those pledges to be paid over a five-year period. She stressed that many of the pledges are being made not only because of the public library, but because it is viewed as the centerpiece of historic downtown Bozeman, is an economic development project, and provides a civic plaza. Ms. Bay Lewis stated that the Foundation currently serves nearly 400 donors in a fiduciary manner. She acknowledged that most of the donations have been in the form of pledges, signing a personal agreement to pay the monies over five years starting in 2002 and ending in 2006. The Foundation has also created a payment schedule that includes investments in ten of the twelve banks in Bozeman and investments in laddered certificates of deposit and local brokerages to earn the best interest rates possible. With those investments, the monies are accessible only at certain times and, as a result, she and former Director of Finance Miral Gamradt developed an intricate payment schedule. She noted that, if the Commission wishes, the Foundation can commit to transferring $200,000 per month during the construction period along with the $500,000 donation that will be received if groundbreaking occurs by June 1. She indicated that the $200,000 monthly transfer can begin as early as April 30 and then on the first of each month thereafter. She stressed that the Foundation's first responsibility is to protect the donor funds, and voiced a commitment to continue fundraising to the $6 million level. Commissioner Krauss reminded the Library Board of Trustees and the Foundation that when the construction costs go in the hole, the project will be charged interest. Responding to Commissioner Hietala, Ms. Wendy Bay Lewis stated the Foundation makes reports to the Library of Trustees at the monthly meetings and files those reports with the Director of Finance. She will also provide any information that the Commission requests. Responding to Commissioner Kirchhoff, Ms. Bay Lewis stated the Foundation is committed to raising $5,850,000 and noted she is personally working toward the $6 million mark. She then noted that she believes raising $1 million during the construction period can be easily accomplished. Commissioner Kirchhoff stressed his interest in ensuring that this project does not hold any unforeseen items that raise the costs, citing other recent City projects that have exceeded budgeted amounts. Mr. Ron Farmer, Library Board of Trustees, stated Martel Construction has committed to bringing the project in at $10.5 million. The first source of funds is to be through the fundraising efforts of the Foundation. The most recent cash flow projections suggest that the deficit will be $862,250, which they intend to cover through additional fundraising efforts. If that is not successful, the next option is to request a small bond issue to cover the difference and, if that fails, the Library will sacrifice approximately $69,000 of its operations budget in each of the next twenty years to cover that deficit. Responding to Commissioner Krauss, Mr. Farmer confirmed that those figures are based on revenues from sale of the excess parcels of City property at the East Main Street site. Following discussion, it was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the Commission approve award of the bid for the new library building in the maximum amount of $10,500,000, contingent upon the following: (1) that Martel Construction bring the contingency up to $260,000, exclusive of the reserve for furniture, fixtures and equipment (FFE) and the contingency reserve for clean-up; (2) that the Foundation continue its fundraising commitment to the $5,850,000 level; (3) that the Foundation release $200,000 each month to the City, beginning April 30, to cover the costs of construction; and (4) that the $500,000 payment from the anonymous donor be released to the City prior to groundbreaking. 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. Library Director Alice Meister invited the Commissioners to attend the groundbreaking ceremonies, to be held at 9:00 a.m. on Thursday, April 14. 04-04-05 - 6 - Public comment No comment was received under this agenda item. Amendment to Bozeman 2020 Community Plan - amend land use desianation from "Business Park" to "Community Commercial" on:t 31 acres bounded bY West Main Street/Huffine Lane. Fallon Street. Ferauson Avenue. and Resort Driye - Michael W. Delaney and Ileana Indreland (P-04060) This was the time and place set for the continued public hearing on the amendment to the Bozeman 2020 Community Plan to amend the land use designation from "Business Park" to "Community Commercial" on :t31 acres described as Lot 5, Spring Creek Village Resort Subdivision, as requested by Michael W. Delaney and Ileana Indreland under Application No. P-04060. The subject parcel is bounded by West Main Street/Huffine Lane, Fallon Street, Ferguson Avenue and Resort Drive. Included in the Commissioners' packets was a request from the applicant that this public hearing be opened and continued to a date uncertain. Public hearing Mayor Cetraro reopened the public hearing. It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the public hearing be continued to a date uncertain, per the applicant's request. 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. Reauest to establish the name "Stockman Way" for currently un-named Drivate north/south street between Kaay Boulevard and Reminqton Way immediately west of South 19th Avenue This was the time and place set for the public hearing on the request to establish the name "Stockman Way" for a currently un-named private north/south street between Kagy Boulevard and Remington Way immediately west of South 19th Avenue, as established by Commission Resolution No. 3776, entitled: COMMISSION RESOLUTION NO. 3776 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO ESTABLISH THE NAME "STOCKMAN WAY" FOR THE CURRENTLY UN-NAMED PRIVATE NORTH/SOUTH STREET BETWEEN KAGY BOULEVARD AND REMINGTON BOULEVARD IMMEDIATELY WEST OF SOUTH 19TH AVENUE IN THE CITY OF BOZEMAN, MONTANA. Public hearing. Mayor Cetraro opened the public hearing. Engineering Assistant Andy Kerr presented the staff report. He noted that the private street located in an easement which runs behind the new Stockman Bank is currently un-named; and under this application, that street would be named "Stockman Way". He stated that staff has reviewed this request and forwarded a recommendation for approval, with the requirements that the applicant be responsible for the installation and maintenance of street signs and that the street remain privately maintained. Mr. Jim Drummond, President of the local Stockman Bank, was present to respond to questions. No public testimony was received in opposition to the proposed naming of the street. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. 04-04-05 --- ..-- _....____._._n__......._ - 7 - Decision. It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that staff be directed to bring back a resolution to establish the name "Stockman Way" for a currently un-named private north/south street between Kagy Boulevard and Remington Way immediately west of South 19th Avenue. 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. Conditional Use Permit with Certificate of Appropriateness - allow two-story branch bank with leased office space on second floor to be constructed at 642 Cottonwood Road - First Security Bank (Z-05023) This was the time and place set for the public hearing on a Conditional Use Permit with Certificate of Appropriateness, as requested by Taylor, Hanson and Kane Architects for First Security Bank under Application No. Z-OS023, to allow the construction of a two-story branch bank on Lot S, Minor Subdivision No. 340, with leased office space on the second floor. The subject property is located at 642 Cottonwood Road. Public hearing. Mayor Cetraro opened the public hearing. Planner Ben Ehreth presented the staff report. He noted that the subject property is immediately across Cottonwood Road from the JC Billion Auto Plaza. Planner Ehreth stated that staff has reviewed this application in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. He noted that the Development Review Committee and the Design Review Board have reviewed this application and also forward a recommendation for approval, subject to several conditions. He briefly highlighted some of the conditions that are unique to this project. He noted that one of those conditions pertains to the one-foot no access strip adjacent to this property, and cautioned that that issue cannot be addressed under this application. Commissioner Youngman stated she received a telephone call today from the Gallatin Valley Land Trust asking that an easement be required for a shared bicycle/pedestrian facility adjacent to Huffine Lane. Planner Ehreth noted the Commission can add that condition it they wish; the staff was uncomfortable with adding a condition that requires improvements within the Montana Department of Transportation right-ot-way, particularly when there are no adjacent trail improvements. Mr. Bill Hanson, architect representing the applicant, voiced a willingness to work with the City on the development of a bicycle/pedestrian facility. He noted that Cottonwood Road is to be widened and, at that time, a pedestrian walkway will be provided along Cottonwood Road. He asked that latitude be given to ensure that the two facilities can be connected with as little loss ot previous improvements as possible. Mr. Hanson turned his attention to the overall issue of access from this subdivision to Cottonwood Road, cautioning that the accesses from this subdivision do not align with Auto Plaza Drive in the Billion Auto Plaza Subdivision; and that could lead to potential problems in the future. Since Cottonwood Road is designated as a primary arterial, the code does not allow an access point within 660 feet of Huffine Lane. He asked, however, that consideration be given to a future application to allow an access to this property, across from the south end of Auto Plaza Drive, with the stipulation that when Cottonwood Road is fully developed, that access will be right in/right out only. Mr. Hanson displayed some color renderings of the new bank building, noting the intent is to use natural materials, including stone, and a natural color shingle roof. He characterized the building as solid looking and a fairly impressive presence in this entrance to the community. Mr. Joe Billion spoke in support ot the proposal to align the accesses on both sides of Cottonwood Road. He noted that his long-term plans tor the 38 acres immediately north of his dealership include another dealership and a commercial node with access trom Fallon Street. 04-04-05 .-....-...-....------ - 8 - Responding to Commissioner Kirchhoff, Mr. Hanson stated the south end of Auto Plaza Drive is 290 feet from Huffine Lane; under the code, an access to be a minimum of 330 feet from an intersection on a standard arterial road. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision. Commissioner Youngman proposed that a condition be added, as follows: "A shared pedestrian/ bicycle boulevard trail which parallels Huffine Lane shall be provided with the proposed development prior to final occupancy, subject to review and approval by City staff, the Montana Department of Transportation and any applicable advisory bodies." It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the Conditional Use Permit with Certificate of Appropriateness, as requested by Taylor, Hanson and Kane Architects for First Security Bank under Application No. 2-05023, to allow the construction of a two-story branch bank on Lot 5, Minor Subdivision No. 340, with leased office space on the second floor, be approved subject to the following conditions: 1. 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. 2. Detailed floor plans identifying floor area considered for parking calculations shall be provided with the final site plan. The election to calculate floor area minus areas identified in Section 18.46.01 0.A.1. shall be made in writing to the Planning Director, shall be signed and acknowledged by the owner, and shall be filed with the Planning Director prior to issuance of a building permit for such building. 3. The final landscape plan shall depict boulevard trees which are acceptable to the Forestry Department. 4. The final landscape plan shall depict all services associated with the development. 5. The total amount of impervious surface calculation shall be provided with the final site plan. 6. All ground mounted and roof mounted mechanical equipment shall be completely screened from view from all adjacent properties. 7. A color palette and material sample board shall be provided with the final site plan. 8. Some form of external seating shall be provided and indicated on the final site plan. 9. Details of all proposed signage shall be provided with the final site plan, and shall comply with the requirements of Section 18.52 ofthe Bozeman Unified Development Ordinance. 10. Detail of all lighting fixtures associated with the proposed development shall be provided with the final site plan, and shall be in conformance with Section 18.42.150 of the Bozeman Unified Development Ordinance. 11. The proposed access onto Cottonwood Road that is closest to the Huffine Lane intersection will not be allowed. Currently the only access point for this lot onto Cottonwood Road is a shared access with the adjoining lot to the North. If the owner wishes to add another access onto Cottonwood Road, they must have an amended plat approved by the City of Bozeman allowing that access. 04-04-05 -9- 12. A shared pedestrian/ bicycle boulevard trail which parallels Huffine Lane shall be provided with the proposed development prior to final occupancy, subject to review and approval by City staff, the Montana Department of Transportation and any applicable advisory bodies. 13. 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. '18.20.030 LOT COVERAGE AND FLOOR AREA. In the "B-P" district, not more than 60 percent of the total area shall be occupied by impervious surfaces. The remaining 40 percent of the total lot area shall be landscaped as defined in the Bozeman Unified Development Ordinance. . 18.42.170 TRASH AND GARBAGE ENCLOSURES. Trash enclosures, surrounding standard steel bins (dumpsters), shall be located on the site for convenient pickup service, and the location shall be shown on required site plans. Trash enclosures shall not be located in required front yards, and shall be situated so that containers can be pulled straight out of the enclosure or so the sanitation truck can back straight into it. The location of all trash enclosures shall be subject to review and approval by the City Sanitation Department. . 18.44.090 ACCESS. Access located on arterial streets shall be a minimum of 315 feet, for partial access, from an intersection. Commercial drive access widths shall be a maximum of 35 feet measured at the inside edge of the drive access extended, at its intersection with the projected curb line of the intersecting street. Any proposed increase from this standard shall be subject to review and approval by the City of Bozeman Department of Engineering. . 18.46.040 NUMBER OF PARKING SPACES REQUIRED. The final site plan shall contain the required number of parking and disabled accessible stalls based on the floor areas of the respective uses. . 18.48.050 MANDA TORY LANDSCAPING PROVISIONS. No tree may be planted closer than 4 feet to the paved portion of the parking lot. Permanent irrigation systems shall be provided to all landscaped areas. The use of hose bibs on the exterior of existing or proposed structures is not an acceptable method of landscape irrigation unless the landscaped area is adjacent to the existing or proposed structure. All irrigation systems and landscaped areas shall be designed, constructed, operated and maintained so as to promote water conservation and prevent water overflow or seepage into the street, sidewalk or parking area. . 18.48.060 LANDSCAPE PERFORMANCE STANDARDS. The minimum number of points needed for developments without residential adjacency is 15, which are in addition to the mandatory landscape requirements. . 18.52.060 SIGNS PERMITTED UPON THE ISSUANCE OF A SIGN PERMIT. Any signage associated with the development must obtain a sign permit, as well as, meet the requirements of this section. 04-04-05 .. -- - 10- . 18.42.150 LIGHTING. Lighting for the development, if any, shall meet the requirements of this chapter. . The final site plan shall be adequately dimensioned. A complete legend of all line types used shall also be provided. . A Stormwater Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease, and other pollutants must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations), stormwater detention/retention basin details (including basin sizing and discharge calculations, and discharge structure details), stormwater discharge destination, and a stormwater maintenance plan. A stormwater easement must be established on the adjacent property and filed with the County Clerk and Recorder's Office for the retention pond and discharge course if located off the subject property. . 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. 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. . The drive approach shall be constructed in accordance with the City's standard approach (Le., concrete apron, sidewalk section and drop curb) and shown as such on the final site plan. A City Curb Cut and Sidewalk Permit shall be obtained prior to final site plan approval. . Typical curb details (Le., 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. The Montana Department of Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (Le., 310, 404, Turbidity exemption, etc.) shall be obtained prior to final site plan approval. . All existing utility and other easements must be shown on the final site plan. 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). . Drive approach and public street intersection sight triangles shall be free of plantings which at mature growth will obscure vision within the sight triangle. . If construction activities related to the project result in the disturbance of more than one acre of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality, Water 04-04-05 -----.-"..-......-...---...-.-.., ."'..".-----.... . __._..".. ____._____.._........._....... ..... _._.__.__'.'n_._._ ---.--- - 11 - Quality Bureau, shall be contacted by the applicant to determine if a Stormwater 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 feet from state waters. . Any water or sewer stubs that will not be utilized will be terminated per Water/Sewer Department policy. . 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. 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. Site Plan and Certificate of Appropriateness to allow construction of 30-foot by 33-foot three-car aaraae with one-bedroom apartment above at 214 South Black Avenue. with deviations to allow two- wav drivewav aisle to be less than reauired dimension - Steve Garcia lZ-05018) This was the time and place set for the public hearing on the site plan and Certificate of Appropriateness requested by Steve Garcia under Application No. Z-05018 to allow construction of a 30-foot by 33-foot three-car garage with a one-bedroom apartment above on the north 10 feet of Lot 17, Lot 18 and the south 15 feet of Lot 19, Block C, Dawes' Subdivision of Black's Addition, with a deviation from Section 18.46.020 of the Bozeman Municipal Code to allow a two-way driveway aisle width of 12 feet rather than the required 24 feet. The subject property is located at 214 South Black Avenue. Distributed just prior to the meeting was a letter from K. Emborg Consulting, representing the applicant, requesting that this public hearing be opened and continued to May 2, 2005. Planning Director Epple noted that some life safety issues arose at the last Development Review Committee, and those concerns led to a recommendation for denial. The applicant has since met with the Fire Marshal and Chief Building Official in an effort to resolve those issues and has requested that this public hearing be continued to May 2 to give additional time to work with staff. Public hearing. Mayor Cetraro opened the pUblic hearing. It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the public hearing be continued to May 2, per the applicant's request. 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. Site Plan and Certificate of Appropriateness to allow construction of 115-unit hotel and 91-unit hotel at northwest corner of intersection of Vallev Center Road and North 19th Avenue with deviations to allow parkina lot to encroach 10 feet into 50-foot setback adiacent to 1-90 and allow reduction of parkina stalls from 106 to 95 - The Marriott Hotels lZ-05024) This was the time and place set for the public hearing on the site plan and Certificate of Appropriateness requested by The Marriott Hotels for Gallatin Center Limited Partnership under Application No. Z-05024 to allow construction of a 115-unit hotel and a 91-unit hotel on Lots 1 and 2, Gallatin Center Subdivision PUD, Phase I, with deviations from Section 18.30.070 of the Bozeman Municipal Code to allow the parking lot to encroach 10 feet into the 50-foot setback adjacent to the Interstate 90 right-of-way, and from Section 18.46.040.8., to allow a reduction in the number of required parking spaces from 106 spaces to 95 spaces on Lot 2. The subject property is located at the northwest corner of the intersection of Valley Center Road and North 19th Avenue. 04-04-05 - 12 - Public hearing. Mayor Cetraro opened the public hearing. Associate Planner Jami Morris presented the staff report. She highlighted the application, which includes a 115-unit Residence Inn and a 91-unit Courtyard hotel. In conjunction with this application, deviations are sought to allow parking to encroach 10 feet into the 50-foot 1-90 setback and allow a 10- percent reduction in the number of parking spaces required for the hotel on Lot 2. Associate Planner Morris 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 that review, staff has forwarded a recommendation for approval, subject to eighteen conditions plus the requirement that code provisions be met. She briefly highlighted those conditions, noting some of them are the standard Valley Center Road issues. Mr. Michael Mahoney, development partner for Western International, stated he has met with the contractor for the Valley Center road improvements to discuss potential conflicts between construction of the motels and the road work. He noted that, since this project has two entrances onto Valley Center Road, they will use the entrance that does not impact the road improvement project. Mr. Mahoney referenced the renderings for the two hotels, characterizing them as a higher end Marriott product and establishing a new benchmark for Bozeman. No one was present to speak in opposition to the application. Responding to Commissioner Krauss, Associate Planner Morris stated that a portion of the patio area and fence are located within the setback requirements and must be removed. She then indicated that the code provisions for this application are included in the middle of the staff report but not reflected in the recommended conditions of approval. Since there were no Commissioner objections, Mayor Cetraro closed the pUblic hearing. Decision. It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the site plan and Certificate of Appropriateness requested by The Marriott Hotels for Gallatin Center Limited Partnership under Application No. 2-05024 to allow construction of a 115-unit hotel and a 91-unit hotel on Lots 1 and 2, Gallatin Center Subdivision PUD, Phase I, with deviations from Section 18.30.070 of the Bozeman Municipal Code to allow the parking lot to encroach 10 feet into the 50-foot setback adjacent to the Interstate 90 right-of-way, and from Section 18.46.040.8., to allow a reduction in the number of required parking spaces from 106 spaces to 95 spaces on Lot 2, be approved subject to the following conditions: 1. No building permits will be issued until the Valley Center Road construction contract is awarded. 2. The applicant is advised that if construction of the proposed development conflicts with Valley Center Road construction, the development"s construction activity shall be suspended at the City's or Montana Department of Transportation's discretion. 3. The driveways and curb and gutter adjacent to Valley Center Road, shown on the final site plan, shall match the Valley Center Road construction plans. In addition, the multi-use path shall tie into the pedestrian ramps at the intersection of Valley Center Road and North 19th Avenue. 4. The proposed detention basin located within the sewer easement shall be adjusted such that the basin is not over the sewer main, with the aim of locating the basin 1 0 feet from the sewer main. It is preferred that no cover be removed over the sewer main, but in no case shall there be less than the City's required minimum cover over the sewer main. The engineer is to provide documentation for any proposed reduction of the existing cover. The sewer main is a transmission main carrying flow 04-04-05 - 13 - for about half of town and care is to be taken during construction not to impact the sewer main. 5. The one-way in approach was designed to accommodate a WB-67 design vehicle. The remainder of the driveway should accommodate that design vehicle. 6. A Certificate of Occupancy will not be granted until improvements to Valley Center Road and North 19th Avenue are completed as identified in the construction plans for the roadway. 7. A copy of the shared access easement between Lots 1 and 2 shall be submitted for review and approval prior to final site plan approval. The location of the easements shall be noted on the site plan. a. The 50-foot setback for Valley Center Road shall be landscaped at the same rate as required for the North 19th Avenue and Oak Street greenway park. 9. The landscaping for the North 19th Avenue, Valley Center Road and Interstate 90 yards shall include a variety of plant heights and/or berming to provide a more effective buffer between the streetscape and the parking lots. 10. The drive approaches, pedestrian crossings within the parking lot and the areas under the porte-cochere shall be pigmented and scored to match the requirements for the Gallatin Center PUD. 11. The colored renderings and the elevations shall be modified in the final site plan to include an accurate scale and directional labels (north, south, east and west). 12. The final site plan shall include a color palette and materials sample board for both hotels. 13. A plaza (as defined by the Design Review Board) shall be installed at the North 19th Avenue and Valley Center Road intersection. The outdoor amenity shall be located within the 50-foot setback and directly adjacent to the multi-use path as illustrated on page 13 of the Design Objectives Plan. (February 14, 2005 ed.) 14. The stormwater ponds shall be designed as open, landscaped features that are lined with native grasses and indigenous plants. 15. No pole signs will be permitted on the subject properties. Only low profile freestanding and wall signs will be permitted. The low profile sign will only be permitted within 50 foot corridor setbacks if the signs are located on the building side of the multi-use path. 16. All mechanical equipment shall be screened from view from the street and adjacent properties. All roof top equipment shall be incorporated into the roof design and permanently screened. Any wall mounted or ground mounted equipment shall be screened either structurally or fully screened with evergreen plants. 17. The design for the Residence Inn shall address the following items in the final site plan: a. The metal roof on the porte-cochere shall be non-reflective colorl material. b. Additional windows or other architectural treatment shall be included on the larger expanses of bland wall. 18. The design for the Courtyard Hotel shall address the following items in the final site plan: 04-04-05 ..-.-....--...-.-- .. n..__.._.......__..__ - 14 - a. Each floor level shall be expressed with more detail. b. Additional materials such as masonry or wood shall be incorporated. c. Greater contrast in Dryvit colors shall be provided. d. The air vents need to be better integrated into the design or concealed entirely. e. More detail in window design is needed (examples include: obvious sills, mullions or trim color). f. The rhythm and scale of the windows needs to be repeated throughout (especially adjacent to the porte-cochere). g. Additional fenestration and architectural details shall be incorporated on the 1-90 and Valley Center Road sides of the building. h. Address the overall building mass and scale by changing the material or color with each module, increase the vertical height between roof planes, or change the roof form between building modules. 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. Conditional Use Permit to modify Planned Unit DeveloDment - allow additional relaxation to allow additional coveraae for residential develoDments with ADA adaDtabilitv in Brecken Place at Vallev West - Anders Lewendal Construction. Inc. (Z-05020) This was the time and place set for the public hearing on the Conditional Use Permit to modify the Planned Unit Development for Lots 30, 31, 32 and 33, Valley West Subdivision, Phase II, as requested by Frog Rock Design for Andrews Lewendal Construction under Application No. Z-05020, to allow up to 50 percent lot coverage for structures built primarily as single-story residences with ADA adaptability. The subject project is known as Brecken Place at Valley West, located at 4294, 4278, 4256 and 4234 Cover Street. Public hearing. Mayor Cetraro opened the public hearing. Planner Susan Kozub presented the staff report. She stated the current guidelines allow for not more than 40-percent lot coverage and under this application, that is to be increased to 50 percent for those single-story residences constructed for ADA adaptability. She noted this application is for four lots only; however, the developer may seek the same modification for more lots within Phase III of the development. Planner Kozub 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. She noted that during that review, staff found the proposed modification is very narrow, pertaining to only a few lots within the subdivision. Based on those findings, staff has forwarded a recommendation for approval, subject to one condition requiring that these lots be kept under a single condominium association. She then distributed copies of a letter and petitions in support of this application. Mr. Anders Lewendal, applicant, stated that he found he could not build four condominiums per lot and changed his plans to three condominiums per lot. He found that even that decreased number of units exceeds the lot coverage when handicapped adaptability is included; therefore, he is seeking the modification to allow for up to 50-percent coverage. He stated that he owns these four lots and will ensure that they are covered by a single condominium association. He then noted he owns the lots on the street 04-04-05 - 15 - behind this development; and those four-plexes will be two-story units. He concluded by requesting approval of this application. No one was present to speak in opposition to the requested modification. 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 to modify the Planned Unit Development for Lots 30, 31, 32 and 33, Valley West Subdivision, Phase II, as requested by Frog Rock Design for Andrews Lewendal Construction under Application No. Z-05020, to allow up tp 50 percent lot coverage for structures built primarily as single-story residences with ADA adaptability, be approved subject to the following condition: 1. Lots 30, 31, 32 and 33, at a minimum, shall be held under a single condominium association. 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. Reauest for water impact fee credits for oversized water line in South 11th Avenue. south of Kagy Boulevard ~ CFT Limited Included in the Commissioners' packets was a memo forwarding the request from Morrison-Maierle on behalf of CFT Limited, for impact fee credits for oversizing of the water line in South 11 th Avenue south of Kagy Boulevard. Associate Planner Chris Saunders noted that the Commission approved the preliminary plat for this subdivision last year, and the applicant is now proceeding with infrastructure improvements. The applicant is now requesting impact fee credits for the oversizing of the water line in South 11 th Avenue. Staff has reviewed the application and found that it meets the standards for impact fee credits and, as a result, recommends approval subject to four conditions. James Nickelson, consulting engineer representing the applicant, indicated a willingness to respond to questions. It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the request from Morrison-Maierle on behalf of CFT Limited, for impact fee credits for oversizing of the water line in South 11th Avenue south of Kagy Boulevard, be approved subject to the following conditions: 1. If the final determination of Cause No. DV-99-71 is that impact fees or impact fee credits cannot be charged or credited by the City of Bozeman, then no impact fee credit shall be available to the applicant under this award. 2. A. If Cause No. DV-99-71 is settled prior to the final determination of the value of the credit, the credit will be paid as a single amount. B. If Cause DV-99-71 is not settled prior to the final determination of the value of the credit, the credit will not be paid as cash. The credit will be made available as a credit balance against which the credit holder may draw to reduce water impact fee payments as detailed in Section 3.24.100 of the Bozeman Municipal Code. C. The final value of the credit will not be determined until final project costs are available. A preliminary credit value of $25,358 has been identified based upon contractor's bid. 3. No credits will be available until the project is completed and accepted and final costs for the project are provided to and accepted by the City. 04-04-05 - 16 - 4. The applicant shall agree in writing to the above-listed conditions of approval prior to the credits becoming effective. 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 ) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, April 5, at Bucks T-4 at Big Sky. (2) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Wednesday, April 6, at the Gallatin County Courthouse. (3) Agenda for the Planning Board meeting to be held at 7:00 p.m., and the joint meeting with the Zoning Commission to be held at 7:30 p.m. on Tuesday, April 5, in the Commission Room. (4) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Wednesday, April 6, in the Commission Room. (5) Meeting notes from the Bozeman Area Bicycle Advisory Board meetings held on February 15 and March 1, 2005. (6) Meeting notes from the City-County Board of Health meeting held on February 24, 2005. (7) City Manager Kukulski noted that the local option tax bill is expected to come out of committee and be on the floor of the House within the next week to ten days. (8) The City Manager announced that he and Assistant City Manager Ron Brey will be attending the Greater Open Spaces City Managers Association (GOSCMA) meeting in Casper, Wyoming, for the remainder of the week; and he will then be on vacation next week. (9) Director of Public Service Debbie Arkell announced that she will be attending the American Public Works Association (APWA) conference in Billings for the remainder of the week. Adjournment - 8:40 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Krauss, seconded by Commissioner Kirchhoff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye b . g Commissioner Krauss, Commissioner Kirchhoff, Commissioner Hietala, Commissioner Young n a Mayor Cetraro; those voting No, none. --- '-'~........~,- AN RO, Mayor ATTEST: &.z~ R L. SULLIVAN Clerk of the Commission 04-04-05 -...--