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HomeMy WebLinkAbout2004-09-20 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA September 20, 2004 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, September 20, 2004, at 7:00 pm. Present were Mayor Andrew Cetraro, Commissioner Marcia Youngman, Commissioner Steve Kirchhoff, Commissioner Lee Hietala, City Manager Chris Kukulski, Assistant City Manager Ron Brey, Director of Public Service Debbie Arkell, Planning Director Andy Epple, Acting City Attorney Tim Cooper, and Deputy Clerk of the Commission Karen DeLathower. Commissioner Jeff Krauss was absent. The meeting was opened with the Pledge of Allegiance and a moment of silence. Authorize absence of Commissioner Krauss from this meetina It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the Commission authorize Commissioner Krauss's absence from this meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, and Mayor Cetraro; those voting No, none. Minutes - May 3. SeDtember 7. SeDtember 13 work and SeDtember 13. 2004 It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the minutes of the meetings of May 3 and September 7, 2004 be approved as submitted, and that the minutes of the September 13 work session be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Youngman, and Mayor Cetraro; those voting No" none. Mayor Cetraro deferred action on the minutes of the meeting of September 13, 2004 to a later date. Consent Items City Manager Kukulski presented to the Commission the following Consent Items. Acknowledae receiDt of reauest for annexation of all riahts-of-way utilized for state hiahways and other sianificant transDortation facilities - Montana DeDartment of TransDortation: refer to staff Authorize City Manaaer to sian - AcceDtance of Water and Sewer PiDeline Access Easement and Aareement - Gallatin Center Limited PartnershiD - 21%-foot easement in North 27th Avenue alianment. extending southward from Cattail Street Authorize City Manager to sian - AcceDtance of Sewer and Water PiDeline and Access Easement and Agreement - South Meadow. Inc. - 3D-foot-wide easement across Lot 1. South Meadow Minor Subdiyision No. 294 (extendina alona the road alianments within the lot) Authorize City Manager to sian - Memorandum of Understandina between the Montana DeDartment of TransDortation. City of Bozeman and The Mitchell DeyeloDment GrouD. LLC. for imDrOyements to Huffine Lane (in coniunction with deyeloDment of DroDerty immediately south of Gallatin Valley Mall) 09-20-04 - 2 - Commission Resolution No. 3722 - authorize City Manaaer to sian Chanae Order No. 1 for Rouse Avenue sewer trunk line and water replacement proiect - Williams Plumbina and Heatina. Inc.. Bozeman. Montana - add $46.743.42 and 1 calendar dav COMMISSION RESOLUTION NO. 3722 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING AL TERATION/MODIFICATION OF CONTRACT WITH WILLIAMS PLUMBING AND HEATING, INC., BOZEMAN, MONTANA. Approval oUinal plat for MiIIiQan Minor Subdivision - subdivide 29.15 acres described as Lot 4A. Minor Subdivision No. 221A. to create four commercial lots (alona North 27th Avenue. north of Hulbert Lane) (P-04046) Authorize Mavor to sian - Findinas of Fact and Order for West Meadows Subdivision - amend preliminarilv approved West Meadows Subdivision. Phase III. to allow subdivision of 23.93 acres into 60 sinale-household lots instead of 50 sinale- household lots (P-04032) Authorize Mavor to sian - Findinas of Fact and Order for modifications to Vallev West Subdivision PUD. Phase II - allow 28.63 acres to be subdivided into 64 residential lots. 4 open space lots and 1 public park (aenerallv located west of Ferauson Avenue. east of Stafford Avenue. and north of Alexander Street and Monroe Street) (P-03036A) Conditional approval of park plan for Vallev West Subdivision PUD. Phase II. subiect to the developer submitting a revised formal master parks plan for the entire subdivision prior to submittal of the preliminary plat for Phase III Approval of final plat for Vallev West Subdivision PUD. Phase II - allow 28.63 acres to be subdivided into 64 residential lots. 4 open space lots and 1 public park (Qenerally located west of Ferauson Avenue. east of Stafford Avenue. and north of Alexander Street and Monroe Street) Approval of final plat for Harvest Creek Subdivision. Phases 8. 9. 10 and 11 (subdivide :t47 acres Ivina between Durston Road and West Oak Street extended. west of North 27th Avenue. into 174 single-dwelling lots) Approval of final plat for Hastinas Minor Subdivision - subdivide 12.06 acres into four commercial lots (Hastinas Shoppina Center. northwest corner of West Main Street and North 15th Avenue) Application for temporary beer and wine license - Bozeman Lions Club - Gallatin Countv Fairarounds - September 25-27. 2004 (for Septoberfest) Claims It was moved by Commissioner Hietala, 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 Hietala, Commissioner Youngman, Commissioner Kirchhoff, and Mayor Cetraro; those voting No, none. Public comment No comment was received under this agenda item. 09-20-04 .- --....---.---- - 3 - Amendments to Urban Renewal Plan to extend life of tax increment financina district to fifteen years and add parking garaae in the downtown as specific type of proiect under "Implementation Actions" This was the time and place set for the public hearing on the amendments to the Urban Renewal Plan to extend the life of the tax increment financing district to 15 years and to add a parking garage in the downtown as a specific type of project under "Implementation Actions", as established by Commission Resolution No. 3718, entitled: COMMISSION RESOLUTION NO. 3718 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONTANA. DECLARING THE INTENTION TO EXTEND THE LIFE OF THE TAX INCREMENT FINANCING DISTRICT ESTABLISHED UNDER URBAN RENEWAL PLAN DATED NOVEMBER 1995 AND TO INCLUDE A PARKING GARAGE AS A SPECIFIED PROJECT IN THE PLAN. AND SETTING PUBLIC HEARING DATE. Included in the Commissioners' packets was a memo from Planning Director Epple, forwarding the Planning Board's recommendation, along with input from the Downtown Bozeman Partnership, the Bozeman Downtown Improvement District Board (IDB), the Downtown Business Improvement District Board (BID), the School District NO.7 Board of Trustees, and the County Commission. Distributed just prior to the meeting was an e-mail note from Anthony Waller, 0 wner 0 fa condominium in the Baxter Hotel, expressing support for the amendment. Public hearing Mayor Cetraro opened the public hearing. Planning Director Epple presented the amendment, saying this will extend the life of the district from 11 years to 15 years. Staff finds this extension would be in conformance with the Bozeman 2020 Community Plan and recommends approval. This request has been brought forward by the Downtown Bozeman Improvement District Board (IDB) and includes the city, county, and school district, who have all approved this proposal. Paul Reichert, Executive Director of Downtown Bozeman Partnership, encouraged the Commission to support this extension. No one was present to speak in opposition to this amendment. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that staff be directed to bring back an ordinance amending the Urban Renewal Plan toe xtend t he life 0 f the tax increment financing district to 15 years. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, and Mayor Cetraro; those voting No, none. Proposed 5-percent increase in water rates. effective on the November 1. 2004. billina This was the time and place set for the public hearing on the proposed 5-percent increase in water rates, as set by Commission Resolution No. 3710, entitled: COMMISSION RESOLUTION NO. 3710 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONTANA. ORDERING A PUBLIC HEARING BE HELD ON A PROPOSED FIVE PERCENT (5.0%) INCREASE IN THE WATER RATE CHARGED TO CUSTOMERS OF THE MUNICIPAL WATER SYSTEM. REVISING THE WATER CONSUMPTION INCLUDED IN THE BASE 09-20-04 -4- RATE, IMPLEMENTINGAN INCENTIVE FOR USE OFTHEACH PAYMENT OPTION, AND IMPLEMENTING A LATE FEE CHARGE. Included in the Commissioners' packets was a memo from Director of Public Service Arkell, forwarding background information on the proposed increase. Distributed just prior to the meeting was an e-mail message from Helen Bode, 217 Lillian Way, voicing opposition to the proposed increase. Public hearing Mayor Cetraro opened the public hearing. Director of Public Service Arkell reviewed this proposed rate hike, noting a $1 per month discount will be given to customers using the automatic clearing house to pay their bill. Also proposed is a penalty, with a $1 minimum, of 1.5 percent per month for late payments. There was no one present to speak in opposition to this rate increase. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that staff be directed to bring back a resolution establishing the revised rates for water service, effective November 1, 2004. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Youngman, and Mayor Cetraro; those voting No, none. Proposed 20-percent decrease in wastewater rates. effective on November 1. 2004. billina This was the time and place set for the public hearing on the proposed 20-percent decrease in wastewater rates, as set by Commission Resolution No. 3711, entitled: COMMISSION RESOLUTION NO. 3711 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ORDERING A PUBLIC HEARING BE HELD ON A PROPOSED TWENTY PERCENT (20.0%) REDUCTION IN THE WASTEWATER (SEWER) TOTAL RATE CHARGED TO CUSTOMERS OF THE MUNICIPAL WASTEWATER (SEWER) SYSTEM. Included in the Commissioners' packets was a memo from Director of Public Service Arkell, forwarding background information on the proposed decrease. Distributed just prior to the meeting was an e-mail message from Helen Bode, 217 Lillian Way, questioning why the entire 45-percent surcharge is not being removed. Public hearing Mayor Cetraro opened the public hearing. Director of Public Service Arkell reviewed the proposed reduction in sewer rates, noting that in 1996 a 45 percent surcharge was implemented to cover the costs of the solvent site remediation. In 2001 the surcharge was amended to raise money for the required match for a $5 million EPA grant. Now the matching funds have been attained and the solvent site costs have been reduced, so this reduction in wastewater rates is now possible. Joe Gutkoski, 304 North 18th Avenue and member of Montana River Action, stated that while it is nice to return money to ratepayers, the wastewater treatment plant needs improvement to remove phosphorus and other nutrients from the waste before it flows into the East Gallatin River. Nutrients and phosphorus create algae, which dissolve the oxygen in the river; and the East Gallatin River does have high algae growth. Mr. Gutkoski suggested stormwater runoff also needs to be treated before it ultimately finds its way into the East Gallatin River because it is polluting the river. 09-20-04 - 5 - Director of Public Service Arkell responded that staff struggles with the nutrient loads and are very aware of the concerns surrounding it. The facility plan will address these issues and help them to be resolved. Staff is currently undergoing the permitting process to comply with Phase 2 stormwater guidelines. It is anticipated that some kind of assessment will need to be created to pay for that. Commissioner Youngman requested that any further information on phosphorus and nutrient loads be shared with the Commission. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision It was moved by Commissioner Hietala, seconded by Commissioner Youngman, that staff be directed to bring back a resolution establishing the revised rates for wastewater services, effective November 1, 2004. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, CommissionerYoungman, Commissioner Kirchhoff, and Mayor Cetraro; those voting No, none. Variance to allow driveway and reauired parkina spaces to be located in reauired side yard setback alona west property line of 412 West Cleveland Street. Lowell Carey for Sam and Heather Miller lC.04004) This was the time and place set for the pUblic hearing on the variance requested by Lowell Carey for Sam and Heather Miller under Application No. C-04004, from Section 18.46.01 O.E., Bozeman Municipal Code, to allow the paved driveway and required parking spaces to be located in the required side yard setback on the west 56 feet of Lots 1, 2, 3, 4, 5 and 6, Block 8, Capitol Hill Addition. The subject property is located at 412 West Cleveland Street. Public hearing Mayor Cetraro opened the public hearing. Planning Director Epple presented the staff report, noting this application is for a variance from the required side yard setbacks. Historically this side yard has been used for parking. Staff has reviewed this application in light of the applicable criteria and recommends conditional approval. Staff's comprehensive findings can be found in the written staff report. Sam Miller, applicant, stated they desire to pave this driveway to address mud and snow issues that arise. No one was present to speak in opposition to this requested variance. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the variance requested by Lowell Carey for Sam and Heather Miller under Application No. C.04004, from Section 18.46.010.E., Bozeman Municipal Code, to allow the paved driveway and required parking spaces to be located in the required side yard setback at 412 West Cleveland Street, be approved, subject to the following conditions: 1. To preclude required parking in the front yard setback, the driveway shall reach full width at a 15-foot measurement from the front property line (still allowing an 8.foot angled entrance). 2. All code provisions shall be met, the following provisions in particular: . Per Section 18.46.020.F., "Surfacing," all areas intended to be utilized for permanent parking spaces and driveway shall be paved 09.20.04 -6- with concrete or asphaltic concrete or approved pavers to control dust and drainage. . Per Section 18.66.060.E., "Effective Time for Commission Decisions - Variances Void When," if a building permit or land use permit is not obtained for the subject property within six months from the date of the Commission's decision, the variance shall be automatically cancelled and become null and void. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, and Mayor Cetraro; those voting No, none. Annexation of 0.56 acres Iyina alona the easternmost edge of 2311 South 7th Avenue (railroad riaht- of-way Iyina adiacent to DroDerty) - Morrison-Maierle for CFT. Limited (A-04010) This was the time and place set for the public hearing on the request for annexation of 0.56 acres lying along the easternmost edge of Certificate of Survey No. 1391-A, under Commission Resolution No. 3707, entitled: COMMISSION RESOLUTION NO. 3707 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. The request for annexation was submitted by Morrison-Maierle for CFT, Limited, under Application No. A-0401 0, and the subject property is more commonly located at 2311 South 7th Avenue. Public hearing Mayor Cetraro opened the public hearing. Associate Planner Saunders presented the staff report, noting that all three of the following agenda items pertain to the same property. The Associate Planner stated that staff has reviewed this application in light of the goals and policies set forth in Commission Resolution No. 3137, 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 the following items being addressed prior to or in conjunction with the annexation agreement: 1. The property owner should be advised that prior to development of the property, the future developer(s) may be required to prepare, at their own expense, a comprehensive design report evaluating existing capacity of water and sewer utilities, stormwater master plan and traffic impacts. 2. The landowners and their successors shall pay all fire, street, water and sewer impact fees required by Chapter 3.24, Bozeman Municipal Code, or as amended at the time of application for any permit listed therein. 3. The Annexation Agreement should include notice that, prior to development, the developer will be responsible for installing any facilities required to provide full municipal services to the property in accordance with the City's infrastructure master plan and all city policies and guidelines that may be in effect at the time of development. 4. An annexation map, titled "CFT -Railroad Annexation Map" with a legal description of the property shall be submitted by the applicant for use with the Annexation 09-20-04 - 7 - Agreement. The map must be supplied on a mylar for City records (18 inch by 24 inch), a reduced 8Y:z inch by 11 inch or 8Y:z inch by 14 inch exhibit for filing with the Annexation Agreement at the County Clerk and Recorder, and a digital copy for the City Engineer's office. This map must be acceptable to the Director of Public Service and City Engineer's office and shall be submitted with the signed Annexation Agreement. 5. That the applicant executes all contingencies and terms of said Annexation Agreement with the City of Bozeman within one year of approval by the governing body, or annexation approval shall be null and void. 6. That, concurrent with further development of the property, easements be provided for trails along the southern portion of the property to connect the Gallagator Trail and South 11th Avenue; and from the point of intersection of the GallagatorTrail and Westridge spur to the access allowed by MSU in the alignment of South 7th Avenue. James Nickelson, Morrison and Maierle, Inc., stated the applicants concur with staff's recommendations for annexation. Carol Anderson, 411 Overbrook Drive, #29, stated she attended the Planning Board meeting to express Overbrook residents' concerns about development occurring to the east of the existing structure. While she was assured no development could occur there, she would like something in place that will permanently ensure development does not occur there. Associate Planner Saunders assured her there are a variety of items that will prohibit the development of that parcel, including the 1 OO-year floodplain for Figgins Creek. No one was present to speak in opposition to this requested annexation. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the Commission direct staff to bring back an annexation agreement addressing item numbers 1 through 6 listed above for Commission consideration. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Youngman, and Mayor Cetraro; those voting No, none. Zone MaD Amendment - establish municiDal zonina desianation ot "SP". Business Park. on 0.56 acres Ivina alona the easternmost edae ot 2311 South 7th Avenue (railroad riaht-ot-wav Ivina adiacent to DroDerty) - Morrison-Maierle tor CFT. Limited (Z-04184) This was the time and place set for the public hearing on the Zone Map Amendment requested by Morrison-Maierle for CFT, Limited, under Application No. Z-04184, to establish an initial municipal zoning designation of "BP," Business Park, on 0.56 acres lying along the easternmost edge of Certificate of Survey No. 1391-A. The subject property is more commonly located at 2311 South 7th Avenue. Public hearing Mayor Cetraro opened the public hearing. Associate Planner Saunders presented the staff report, stating this application has been evaluated in light of the applicable criteria, and staff recommends conditional approval. Staff's written comprehensive findings can be found in the staff report. No one was present to speak in opposition to this application. Since there were no objections, Mayor Cetraro closed the public hearing. 09-20-04 -8- Decision It was moved by Commissioner Hietala, seconded by Commissioner Youngman, that the Zone Map Amendment requested by Morrison-Maierle for CFT, Limited, under Application No. Z-04184, to establish an initial municipal zoning designation of "BP," Business Park, on 0.56 acres lying along the easternmost edge of the property located at 2311 South 7th Avenue be initially approved; and that staff be directed to bring back an ordinance enacting the amendment upon completion of the annexation process and subject to the following conditions: 1. That the ordinance for the zone map amendment shall not be adopted until the resolution of annexation is adopted by the Commission. If the annexation is not approved, the application shall be null and void. 2. That the applicant submit a zone map amendment map, titled "CFT-Railroad Zone Map Amendment," on a 24-inch by 36-inch mylar, 8Y:t-inch by 11-inch or 8Y:t-inch by 14-inch paper exhibit, and a digital copy of the area to be zoned, acceptable to the Director of Public Service, which will be utilized in the preparation of the ordinance to officially amend the City of Bozeman zoning map. Said map shall contain a metes and bounds legal description of the perimeter of the subject property and zoning districts and total acreage of the property. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Youngman, Commissioner Kirchhoff, and Mayor Cetraro; those voting No, none. Preliminary Dlat for minor subdivision - subdivide 15.46 acres into two lots for business Dark develoDment 12311 South 7th Avenue) - Morrison-Maierle for CFT. Limited IP-04039) This was the time and place set for the public hearing on the preliminary plat requested by Morrison- Maierle for CFT, Limited, under Application No. P-04039, to subdivide 15.46 acres described as Tract 1 B, Certificate of Survey No. 1393-A, into two lots for business park development. The subject property is located at 2311 South 7th Avenue. Public hearing Mayor Cetraro opened the public hearing. Associate Planner Saunders presented the staff report, noting staff has reviewed this application in light of the established criteria and recommends conditional approval. Staff's comprehensive findings can be found in the written staff report. Two letters have been received by Planning staff regarding the location of the east/west street. Responding to Commissioner Hietala, the Associate Planner stated that the street must meet state requirements, as well as City standards, regarding the placement of utilities and streets in relation to the undeveloped land to the south. Locating the street on the northern boundary would require changing the routing of the water and sewer lines, interfere with the University's storage pond, affect existing vegetation, and would require the ditch to be piped. Staff, therefore, supports placement of the street on the southern boundary of the subdivision. James Nickelson offered that the applicants again concur with staff's recommendations. Even though the Planning Board failed to recommend approval of this application, a majority of the Planning Board members supported approval. Dick Clotfelter, applicant, stated the applicants have tried to work with the property owners to the south to resolve the placement of University Way, but they have received no response. Responding to Commissioner concerns, Mr. Clotfelter stated that when the property changed hands four years ago, the new owners forgot to check on the temporary access, which expired four years ago. The University has again granted temporary usage of South 7th Avenue, which is not a dedicated street, until South 11th Avenue is extended and developed to one half of a collector standard by the applicants. 09-20-04 -9- No one was present to speak in opposition to the preliminary plat application. Since there were no objections, Mayor Cetraro closed the public hearing. Mayor Cetraro stated he cannot support this application as presented; he desires to have the two parties involved reach an agreement, saying he believes a planned unit development might be more beneficial to both parties. Commissioner Kirchhoff pointed out the applicant is complying with all staff recommendations; and he feels this is an equitable solution for both parties, who will benefit equally from the extension of South 11 th Avenue. Commissioner Youngman added the only reason the Allison Subdivision will be able to develop is with this extension of water and sewer lines in South 11 th Avenue. This proposal is recommended by staff and is the only way to resolve the infrastructure issues. Decision It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the preliminary plat requested by Morrison-Maierle for CFT, limited, under Application No. P-04039, to subdivide 15.46 acres described as Tract 1 B, Certificate of Survey No. 1393-A, into two lots for business park development be approved subject to the following conditions: 1. The annexation of the eastern edge of the property shall be completed prior to or concurrent with application for a final plat of the subdivision. 2. Transportation pathways shall be provided as described in Section 18.44.110, Bozeman Municipal Code, and as described in the application materials response to Additional Subdivision Preliminary Plat Supplements, Item S; and as more particularly required below: a. There shall be a transportation pathway easement provided for the existing Gallagator Trail. The total width of the easement between the CFT subdivision and adjacent development shall not be less than 25 feet. This condition may be met by demonstrating the existence of a prior easement meeting the same standard. b. There shall be a transportation pathway connection provided between the existing Gallagator Trail and the extension of South 11 th Avenue. The connection may include sidewalks within public rights-of-way. LA pedestrian easement that is not less than 25 feet in width shall be provided along the southern edge of Lot 2, excepting that area where the existing building is placed such that 25 feet cannot be provided where a lesser width is acceptable. iLA Class I meandering natural fines trail shall be constructed within the easement along the southern edge of Lot 2 and connect the Gallagator Trail to public right-of-way to the west. iiLThe trail and any sidewalks making up the transportation pathway shall be aligned so that their point of connection provides a safe and functional transition of surfaces and safely crosses any motor vehicle area. iV.The trail shall be configured so that the trail is adjacent to any water valves or sewer manholes within the easement to facilitate dual use of the trail by the City of Bozeman for water and sewer line maintenance. 09-20-04 -10- c. There shall be a transportation easement provided for the existing informal trail connecting the Westridge spur trail adjacent to the Overbrook development and the alignment of South 7th Avenue. 3. The delineated floodplain of Figgins Creek shall be shown on the final plat. 4. Easements for maintenance of the ditches must be provided in locations that do not interfere with street function and allow for effective maintenance of the ditch. 5. Any stormwater facilities which service more than a single lot must have the necessary easements provided for transmission, treatment, and discharge of water and must be properly designed and sized to meet the full expected development of the lots benefitting from the easements. 6. The cul-de-sac street light shall be removed and the light located on Scientific Boulevard shall be relocated to the intersection of Scientific Boulevard and South 9th Avenue. 7. The final plat shall not portray building locations on Lot 1 that are not physically constructed at this time. A notation regarding future development of Lot 1 with condominiums may be included. 8. Unless currently filed with the property, executed Waivers of Right to Protest Creation of SIDs shall be provided and filed with the County Clerk and Recorder's office for the following: a. Street improvements to South 11 th Avenue including, but not limited to, paving, curb/gutter, sidewalk, and storm drainage. b. Signalization improvements at the intersection of West Kagy Boulevard and South 11 th Avenue. c. Street improvements to West K agy Boulevard including, but not limited to, paving, curb/gutter, sidewalk, and storm drainage. The document filed shall specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. 9. A stormwater master plan for the subdivision for a system designed to remove solids, silt, oils, grease, and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer. 10. The master plan must depict the maximum sized retention/detention basin location and locate and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin sites, drainage ways, and lot finished grades), typical stormwater retention/detention basin and discharge structure details, basin sizing calculations, and a stormwater maintenance plan. 11. Detailed review of the final grading and drainage plan and approval by the City Engineer will be required as part of the infrastructure plan and specification review process. 12. 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. 09-20-04 ..--..---.--.--. .-.--- .-.....--...-.-......--...---......-... -.. ".... --.---.-.-.-- ......-........-- ..._._ ...._..u..._... _.__.. - 11 - 13. Stormwater generated by the proposed subdivision which discharges to any privately owned ditch must have the written permission of the ditch owner. 14. The location of, and distinction between, existing and proposed sewer and water mains and all easements shall be clearly and accurately depicted, as well as all nearby fire hydrants and proposed fire hydrants. 15. A comprehensive design report evaluating existing capacity of water and sewer utilities has been provided to the City Engineer. Detailed review and approval of the design report will be required as part of the infrastructure plan and specification review and approval process. The report must include hydraulic evaluations of each utility for both existing and post-development demands. The report findings must demonstrate adequate capacity to serve the full development. The report must also identify the proposed phasing of water and sewer construction. 16. If adequate water and/or sewer capacity is not available for full development, the report must identify necessary water system and sewer system improvements required for full development. The developer will be responsible to complete the necessary system improvements to serve the full development. 17. The applicant is advised that the water main in South 11 th Avenue shall be extended to the southern property line as part of this development. 18. The sewer main shall be extended to the western property line to adequately accommodate future extension to the west. 19. Plans and specifications for water and sewer main extensions, prepared and signed by a professional engineer (PE) registered in the State of Montana, have been provided to the City Engineer for review and approval. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a preconstruction conference has been conducted. 20. No building permits shall be issued prior to City acceptance of the required infrastructure improvements unless approved for concurrent construction. 21. Easements needed for the water and sewer main extensions shall be a minimum of 30 feet in width, with the utility located in the center of the easement. In no case shall the utility be less than 10 feet from the edge of the easement. All necessary easements shall be provided prior to final plat approval and shall be shown on the plat. Wherever water and/or sewer mains are not located under or accessed from improved streets, a 12-foot-wide all weather access drive shall be constructed above the utilities to provide necessary access. 22. Proposed street widths shall be indicated on the submittal. City standard curb, gutter, and sidewalk shall be provided along all streets in the subdivision. Public streets within the subdivision will be City standard width. Detailed review of the street and intersection design and approval by the City Engineer will be required as part of the infrastructure plan and specification review process. 23. The east half (45 feet) of the public street right-of-way for South 11th Avenue shall be dedicated to the City on the final plat for this subdivision. 24. The applicant is advised that South 11 th Avenue, from West Kagy Boulevard to the southern boundary, shall be improved, as part of this development, to one half of a collector standard as shown in the Greater Bozeman Area Transportation Plan 2001 Update. Twelve feet of pavement for the opposing lane of travel shall be provided. City standard sidewalk, curb, and gutter will be required in the standard location on 09-20-04 ___..__u. -- --.--..-.. - 12 - the east side of the street. Detailed review of the street and intersection design and approval by the City Engineer will be required as part of the infrastructure plan and specification review process. 25. A detailed traffic impact analysis prepared by a qualified traffic engineer registered in the State of Montana has been provided to the City Engineer for review and approval. The report shall address existing and projected traffic volumes on all internal and perimeter streets and level of service evaluations at the intersection of West Kagy Boulevard and South 11th Avenue. The report shall include recommendations for any necessary off-site roadway improvements. 26, Plans and specifications for streets and storm drainage facilities, prepared and signed by a professional engineer (PE) registered in the State of Montana has been provided to the City Engineer for review and approval. The applicant shall also provide professional engineering services for construction inspection, post- construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a preconstruction conference has been conducted. 27. No building permits shall be issued prior to City acceptance of the required infrastructure improvements unless approved for concurrent construction. 28. Street names must be approved by the City Engineer and the County Geographic Information Systems office. 29. 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 may need to be contacted by the applicant to determine if a Stormwater Discharge Permit is necessary. If a permit is required by the State, the developer shall demonstrate to the City full permit compliance. 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. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff, and Commissioner Hietala; those voting No being Mayor Cetraro. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1 ) Copy of the notice that the compost collection program will end on September 30,2004. (2) Meeting notes from the Community Alcohol Coalition meetings held on April 14, May 12, June 9, and August 11, 2004. (3) Agenda for the County Commission meeting to be held at 9:00 am on Tuesday, September 21, at the Courthouse. (4) Agenda for the Development Review Committee meeting to be held at 10:00 am on Tuesday, September 21, at the Professional Building. (5) Agendas for the Zoning Commission meeting to be held at 7:00 pm and the City Planning Board meeting to be held at 7:30 pm on Tuesday, September 21, in the Commission Room. (6) Update on the Beartooth Highway road improvements for the week of September 20, 2004. 09-20-04 - 13 - Acting City Attorney Cooper offered the following FYI item: He will be out of the office on Friday. During her FYI, Director of Public Service Arkell called attention tothe example of the new pet waste stations that have been installed around town. Planning Director Epple offered the following during his FYI: 1) Staff had a work session with the Recreation and Parks Advisory Board on Thursday to discuss roles, processes, and responsibilities. They are now ready to start working on the POST plan. 2) He met with Ice Pond Road representatives on Thursday to discuss roadway issues. Commissioner Youngman stated her intent to attend a conference in Helena next Monday, but she will be back in time for the Commission meeting. Adjournment - 8:19 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 Youngman, and Mayor Cetraro; those voting No, none. AND ATTEST: ~Z~~ .I R IN L. SULLIVAN Clerk of the Commission PREPARED BY: ~~~J REN L. DeLA THaW Deputy Clerk of the Commission 09-20-04