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HomeMy WebLinkAbout2004-06-07 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA June 7, 2004 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, June 7,2004, at 7:00 p.m. Present were Mayor Andrew Cetraro, Commissioner Jeff Krauss, Commissioner Marcia Youngman, Commissioner Steve Kirchhoff, Commissioner Lee Hietala, Acting City Manager Ron Brey, Director of Public Service Debbie Arkell, Planning Director Andy Epple, Staff Attorney Tim Cooper and Clerk of the Commission Robin Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Minutes - April 19. April 26. May 3. May 17 and May 24.2004 Mayor Cetraro deferred action on the minutes of the meetings of April 19, April 26, May 3, May 17 and May 24, 2004, to a later date. Consent Items Acting City Manager Brey presented to the Commission the following Consent Items. Acknowledae receipt of staff report - annexation of 42.18% acres described as Lot 3. Minor Subdivision No. 221 (northeast of intersection of East Hulbert Road extended and Davis Lane) - RockY Mountain Timberlands for Robert C. Davis (A-04004) Commission Resolution No. 3689 - intent to annex 42.18:1: acres described as Lot 3. Minor Subdivision No. 221 (northeast of intersection of East Hulbert Road extended and Davis Lane): set public hearing for July 6. 2004 COMMISSION RESOLUTION NO. 3689 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Commission Resolution No. 3690 - intent to amend Bozeman 2020 Communitv Plan land use desianation from "Business Park" to "Residential" on 22.57 acres. from "Business Park" to "Neighborhood Commercial" on 5.97 acres. and from "Industrial" to "Neiahborhood Commercial" on 7.78 acres aenerally described as a portion of Cattail Creek III. lying alona North 27th Avenue COMMISSION RESOLUTION NO. 3690 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, STATING THE CITY'S INTENT TO REVISE THE BOZEMAN 2020 COMMUNITY PLAN BY AMENDING THE FUTURE LAND USE MAP FROM "BUSINESS PARK" TO "RESIDENTIAL" ON 22.57 ACRES, FROM "BUSINESS PARK" TO "NEIGHBORHOOD COMMERCIAL" ON 5.97 ACRES, AND FROM "INDUSTRIAL" TO "NEIGHBORHOOD COMMERCIAL" ON 7.78 ACRES WHICH ARE DESCRIBED AS A PORTION OF TRACT 1, CERTIFICATE OF SURVEY NO. 2050 AND LOT 2, BLOCK 2; LOTS 1, 2 AND 3, BLOCK 7; LOTS 2 AND 3, BLOCK 8; LOT 1, BLOCK 5; LOT 1, BLOCK 3; AND LOTS 1 06-07-04 - - 2 - AND 2, BLOCK 4, CATTAil CREEK SUBDIVISION PHASE I, SITUATED IN THE NORTHWEST ONE-QUARTER OF SECTION 35, TOWNSHIP 1 SOUTH, RANGE 5 EAST, MONTANA PRINCIPAL MERIDIAN. Commission Resolution No. 3691 - intent to amend Bozeman 2020 Community Plan land use desianation on property described as a portion of lot 4. Home Depot Minor Subdivision No. 319. from "Residential" to "Reaional Commercial and Services" and from "Residential" and "Neighborhood Commercial" to "Community Commercial" COMMISSION RESOLUTION NO. 3691 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, STATING THE CITY'S INTENT TO REVISE THE BOZEMAN 2020 COMMUNITY PLAN BY AMENDING THE FUTURE LAND USE MAP FROM "RESIDENTIAL" TO "REGIONAL COMMERCIAL AND SERVICES" ON APPROXIMATELY 8.75 ACRES AND FROM "RESIDENTIAL" AND "NEIGHBORHOOD COMMERCIAL" TO "COMMUNITY COMMERCIAL" ON APPROXIMATELY 10.25 ACRES WHICH IS DESCRIBED AS A PORTION OF lOT 4, HOME DEPOT MINOR SUBDIVISION NO. 319, SITUATED IN THE NORTHEAST ONE-QUARTER OF SECTION 2, TOWNSHIP 2 SOUTH, RANGE 5 EAST, MONTANA PRINCIPAL MERIDIAN. Authorize Mayor to sian - Findinas of Fact and Order - amended subdivision plat for John Nielson and Rochelle Dean - subdivide 0.6495 acres described as lot 1. Block C. Marwyn Rearranaement and adiacent vacated Curtiss Street riaht-of- way into two residential lots (1136 East Curtiss Street) Approval of final plat for Amended Plat of lot 1. Block C. Marwvn Rearranaement. and adiacent vacated Curtiss Street riaht-of-way. located in the Northern Pacific Addition - to subdivide lot 1 into lots 1 A and 1 B (P-04018) Approval of final plat for Broadway Boulevard Minor Subdivision - subdivide 33.20 acres described as lot 1. Amended Plat C-23-A1 0 into five lots for commercial and residential development (P-04021) Acknowledae receipt of petition for creation of a special improvement district for improvements to Baxter lane from the eastern boundary of lowe's subdivision to North 19th Avenue: refer to staff ACknowledQe receipt of Source Water Protection Plan for the Drinkina Water System of Bozeman. Montana. as prepared by Western Groundwater Services. llC Acknowledae receipt of City Manaaer's recommendations for budaet for Fiscal Year 2004-2005 Authorize Actina City Manaaer to sian - Professional Services Agreement for Wastewater Facilitv Plan - Morrison-Maierle. Incoo Bozeman. Montana Award bid - 2004 cab and chassis for Street Division - Billinas Truck Center/RockY Mountain Truck of Belarade - in the bid amount of $47.321.55 (base plus backup alarm and tire pressure monitor) Award bid - asphalt patch machine (to be mounted on cab and chassis) - Northwest Manufacturina and Distributina. Billinas. Montana - in the bid amount of $56.000 Award bid - 2004 Sidewalk installations. pedestrian ramp installations and curb replacement - JTl Group. Incoo Belarade. Montana - in the bid amount of $128.450.50 06-07 -04 -..-.....---..---.-- - 3 - Award bid ~ 2004 Street ImDrovements ~ JTL GrouD. Inc.. Belarade. Montana ~ in the bid amount of $318.191.75 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. Public comment No comment was received under this agenda item. Work session ~ Dresentation of reDort re Sourdouah Creek watershed Included in the Commissioners' packets were a memo from Superintendent of Facilities and Lands James Goehrung, dated April 16, and a copy of the executive summary contained in the Sourdough Creek Watershed Assessment, as prepared by the Bozeman Watershed Council. Ms. Cyndi Crayton gave a power point presentation highlighting the findings contained in the report. She noted that the City asked the Council to undertake a collaborative assessment effort, to check the seven sections in Sourdough Canyon. She indicated that funding for the study was provided by the City, Gallatin County, the Bonneville Environmental Foundation and the Gallatin Conservation District. Public sector partners in the project include the US Forest Service; Montana State University; the Department of Fish, Wildlife and Parks; Gallatin County GIS; the Department of State Lands; and the Local Water Quality District. Ms. Crayton stated the assessment provides baseline data from which decisions can be made. She noted that the consultant looked at forest information and conducted timber cruises, after which he put the information into a modeling program and assessed the area for fire danger. Issues identified included noxious weeds along the trails created by high use, stream health, fisheries habitat, range and grazing health, reptiles and amphibians, and water quantity and quality. The map of the subject area is a 30,000- foot aerial on which layers containing information on various issues can be overlayed. She indicated that this map will then reflect where the dangers are located. Mr. Rick Ladzinski, member of the Council, stated a significant fire danger currently exists in the City's watershed. Two major recommendations coming from this study are the introduction of beaver higher in the watershed to increase the water holding capacity and the introduction of west slope cut throat trout. Mr. Jose Castro, Bozeman District Ranger for the US Forest Service, noted his agency has overall responsibility for all federal land, including the Hyalite and Bozeman Creek watersheds. He noted that shortly after his arrival in 2001, the Fridley fire threatened the Sourdough drainage and the Purdy fire occurred within his district. As a result of those fires, he realized the significant problems that were resulting from the drought, and in 2002 he began looking at the Sourdough drainage, recognizing the high value of the land and its importance as a fairly pristine municipal watershed. In 2003, he began to have resources available to conduct a more in-depth review and develop a plan. The study included an analysis of 130,000 acres of forested area and 100,000 acres of non-forested land in the Sourdough and Hyalite drainages. That study included changes expected in the next 100 years in this urban interface area, and evaluated these drainages in the areas of water, fire, fish, wildlife, forest health, and weeds and insects. He briefly highlighted the findings, noting that he concluded the current situation is not acceptable. He recognized that the watershed cannot be entirely protected from fire, but the risk of crown fires can be reduced and fire behavior altered. He characterized this as a time for stakeholders to undertake a cooperative effort to manage the watershed and other national forest lands. He then concluded by noting it is hoped that, by the end of July, he will have identified proposed actions to reduce the risk of fire within the municipal watershed. Responding to Commissioner Youngman, Mr. Castro indicated that the high fuel loading area includes dense stands of spruce and fir as well as lodgepole, providing good ladder fuel for a crown fire. 06-07-04 - - -------- ----.---..--. ---.---- ------ --- -- - 4 - Responding to Commissioner Kirchhoff, Mr. Castro indicated the Forest Service would be willing to consider land exchanges or sales. Mr. Rick Ladzinski noted that the Memorandum of Understanding with the City, State of Montana and US Forest Service was in effect until approximately a year and a half ago, when it expired. He suggested that executing a new Memorandum could help to expedite any actions in this area. Mr. Gene Gibson, member of the Engineering staff at the Forest Service, stated that ten years ago, the Forest Service purchased some City lands and, at that time, interest was expressed in considering additional land exchanges or purchases, particularly if the City chooses to construct another dam that results in lands being inundated by a reservoir. Commissioner Kirchhoff noted it appears the issues identified above need to be addressed on a short-term basis, for the current fire season, and a long-term basis, for maintenance of the watershed. He recognized the importance of having a contingency plan to deal with fire and to understand the fuel reduction plan. Responding to Commissioner Kirchhoff, Mr. Castro stated he anticipates his proposal will possibly include prescribed burning, brushing work and commercial timber thinning sales. He noted that if the forest is thinned enough so the crowns are not touching, trees may individually torch, but the fire won't jump through the crown, which is the fastest and most dangerous way for a fire to spread. He then stressed the importance of managing all lands within the forest in the same manner, rather than managing those held in different ownerships differently. He concluded by noting the healthy forest initiative has given the Forest Service the tools needed to address situations like the municipal watershed quickly and effectively. He then confirmed that, if the City enters into an agreement to undertake the analysis, it will incur some of the costs of that analysis; however, it will also realize the benefit from sale of timber. Further responding to Commissioner Kirchhoff, Mr. Castro confirmed that the Sourdough drainage is his top priority for this summer's fire season. Commissioner Youngman noted that in 1999, the Watershed Council and Forest Service hosted a field trip to the Sourdough Creek drainage for the Commissioners and City Manager and suggested that a similar field trip could be beneficial for those who have not seen the watershed. Commissioner Kirchhoff thanked Mr. Castro for the quick response to the fire on top of Bozeman Creek last summer, voicing his appreciation that it was stopped while it was still very small. He expressed his interest in continuing that type of relationship, noting that such rapid response will hopefully not be needed this summer. Responding to Commissioner Krauss, Mr. Ladzinski stated the State owns eleven sections in the Sourdough Creek drainage area. Mayor Cetraro noted the City looks forward to Mr. Castro's next report, indicating that public comment will be accepted at that time. Discussion re installation of four-way stops at the intersections of Hunters Way with Rose Street and Annie Street for traffic calmina purposes Included in the Commissioners' packets was a copy of the memo from Engineering Assistant Andy Kerr, dated May 18, 2004, forwarding a copy of the petition for traffic calming measures on Hunters Way along with staff's recommendation. Engineering AssistantAndy Kerr noted thata neighborhood meeting was held on April 30, with about thirteen residents being present. He stated that Hunters Way now extends from West Babcock Street to West Oak Street, and residents along the north end of the roadway have noticed a change in traffic patterns. He indicated that recent traffic counts on Hunters Way range from 1300 to 1500 vehicles per day, which is adequate for consideration of traffic calming devices. He noted that the residents have chosen the installation of four-way stops at Annie Street and Rose Street as the best option, possibly with a sign at the intersection of North 27th Avenue and West Oak Street encouraging people to use North 27th Avenue rather than one of the residential streets further to the west. He concluded by noting that the installation of 06-07-04 -------.- --- ....--..."...".--..-. - 5 - four-way stops does not meet the warrants specified in the Manual of Uniform Traffic Control Devices and is, therefore, a Commission decision. He cautioned that the signs mayor may not solve the problem but should help to slow the traffic at the intersections. Responding to questions from the Commission, Engineering Assistant Kerr confirmed that stop signs have already been installed on the cross streets; the only stop signs needed are on Hunters Way. Mr. Christopher Williams, 810 Hunters Way, stated that, even though only 64 percent of the residents signed the petition for stop signs, the vast majority of those he contacted signed the petition. Mr. Matt Putzier, 802 Hunters Way, stated he has lived at the intersection of Hunters Way and Annie Street since 2000, and has seen his street change from a "sleepy backwater road" to a "freeway". Both the volume and speed of the traffic bother him, and he is concerned about the safety of the children in the area. He observed that traffic, like water, will find the path of least resistance, not just in this location but throughout the community. He noted that the installation of four way stop signs just misses meeting the criteria and asked that the Commission approve the installation of those signs. Mr. Jim Klug, 912 Hunters Way, noted the big issue is the safety of the foot traffic, particularly since many residents use the park which is near the intersection of Hunters Way and Annie Street. He stated that three of the four houses at his intersection have children under the age of ten, and four-way stops would help to ensure their safety. Mr. Scott Bosse, 722 Hunters Way, stated he called the Police Department today to find out how many accidents had occurred along his street and found that at his intersection there have been two since March, and there was one at West Oak Street. He noted there is a depression at his intersection, and cars are traveling so fast that he can hear them "catch air". He is concerned about not only the current traffic volume and speed but the increases that will result from extension of the street to Baxter Lane in conjunction with the Westwinds project. Engineering Assistant Andy Kerr noted that Hunters Way qualifies for traffic calming, but the intersections do not meet warrants for four-way stops. He then recognized this area does have a traffic problem, particularly since their local street is a defacto collector. Responding to Commissioner Kirchhoff, the Engineering Assistant indicated that the speed humps on North 20th Avenue and North 23rd Avenue have not diverted any traffic but have slowed speeds by approximately 5 miles per hour. In this instance, the intent is to discourage people from using the street, and stressed the importance of traffic enforcement to addressing the rolling stops he anticipates will occur. He concluded by noting that the neighborhood does not wish to pursue any partial closure or diverters at this time. Responding to Commissioner Youngman, the Engineering Assistant indicated that the neighborhood will be assessed for the costs of any traffic calming devices; and they have indicated no interest in pursuing those options at this time. Commissioner Youngman responded that the developer of Harvest Creek Subdivision has previously indicated a willingness to pay for traffic calming measures. Responding to questions from the Commission, Director of Public Service Arkell stated that City staff has been meeting with representatives from the trucking industry in an effort to identify truck routes. She noted that some street improvements are needed before those routes can be designated. It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the Commission authorize and direct staff to install four-way stop signs at the intersections of Hunters Way with Rose Street and Annie Street for traffic calming purposes as well as a "local traffic only" sign on West Oak Street at North 27th Avenue. 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. 06-07-04 - 6 - Continued Dublic hearing - Zone MaD Amendment - amend zonina designation on 6.978-acre tract of land described as Tract A. Bozeman Creek Annexation. from "R-S" to "BP" - SDrinaer GrouD Architects for Hubert Reid (Ice Pond Tech Park) (Z-04031 ) This was the time and place set for the continued public hearing on the Zone Map Amendment requested by Springer Group Architects for Hubert Reid under Application No. Z-04031, to amend the zoning designation on a 6.978-acre tract of land described as Tract A, Bozeman Creek Annexation, from "R-S", Residential-Suburban, to "BP", Business Park. The subject property is located along the north side of Ice Pond Road. Included in the Commissioners' packets was a memo from Associate Planner Jody Sanford, dated June 2, requesting that the hearing be opened and continued to July 12 to give the Zoning Commission an opportunity to conduct its public hearing on this application since that hearing has been delayed at the applicant's request. It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the public hearing be continued to July 12, to give the Zoning Commission an opportunity to forward its recommendation. 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. Public hearina - intent to annex +36.00 acres described as a Dortion of Tract 1. COS No. 2050 - Sandan. LLC (for Cattail Creek Subdivision. Phase IIn (A-04003) This was the time and place for the public hearing on the intent to annex :t36.00 acres described as a portion of Tract 1, Certificate of Survey No. 2050, as requested by Sandan, LLC, under Application No. A-04003, as set by Commission Resolution No. 3687, entitled: COMMISSION RESOLUTION NO. 3687 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS 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. Mayor Cetraro opened the public hearing. Senior Planner Dave Skelton presented the staff report. He stated that the subject 36 acres, located north of Cattail Creek Subdivision, Phases I and II, west of North 27th Avenue, east of Davis Laneand south of the school bus barn, is to become a portion of Phase III of the Cattail Creek Subdivision, which is being developed at urban densities. The Senior 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. As a result of that review, staff has forwarded a recommendation for approval of the requested annexation, subject to the following items being addressed prior to or in the Annexation Agreement: 1. That the applicant execute at the Gallatin County Clerk and Recorder's office a waiver of right to protest creation of SIDs for a City-wide Park Maintenance District, which would provide a mechanism for the fair and equitable assessment of maintenance costs for City parks as part of the Annexation Agreement. 2. Applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of SIDs for the following: 06-07 -04 - 7 - Street improvements including paving, curb/gutter, sidewalk and storm drainage facilities for the following streets: a. Davis Lane b. Valley Center Road c. North 27th Avenue Signalization Improvements for the following intersections: a. North 27th AvenueNalley Center Road b. Davis Lane/Hulbert Road c. Hulbert Road/North 27th Avenue The documents 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. 3. The owner shall provide public street and utility easements for Hulbert Road, Davis Lane, and additional easement for North 27th Avenue. The easement shall be 50 feet wide from the section line for Hulbert and Davis, and an additional 25 feet for North 27th (total easement width of 90 feet). These are one half of a minor arterial standard for Hulbert and Davis, and a full collector standard for North 27th as shown in the Transportation Plan. 4. That provisions for water rights or cash-in-lieu of water rights in an amount determined by the Director of Public Service be provided in the Annexation Agreement whereby it is executed by the land owner prior to final subdivision plat approval, final site plan approval, or issuance of any building permits, whichever occurs first, prior to the City Commission adopting the Resolution of Annexation and accepting the Annexation Agreement. 5. That at the time of connection to the City's water and sewer facilities, the landowners shall pay all applicable water and sewer impact fees that are due. The land owners 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. 6. 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. 7. An annexation map, titled "Cattail Creek III Annexation Map" with a legal description of the property shall be submitted by the applicant for use with the Annexation Agreement. The map must be supplied on a mylar for City records (18 inches by 24 inches), a reduced 8~-inch by 11-inch or 8~-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. Said map shall contain a metes and bounds legal description of the perimeter of the subject property, total acreage of the property and adjoining rights-of-way and/or street access easements. 8. That the applicant executes all contingencies and terms of said Annexation Agreement with the City of Bozeman within one (1) year of approval by the governing body, or annexation approval shall be null and void. Senior Planner Skelton noted that the Commission will soon be considering annexation of the property to the west of the school bus barn, which will provide some of the right-of-way for road extensions 06-07-04 - 8 - in this immediate area. He concluded by noting that, as of this evening, no public comment has been received. Mr. Rob Pertzborn, architect representing the applicant, expressed concurrence with the staff report and a willingness to respond to questions. No one spoke in opposition to the requested annexation. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Commissioner Krauss asked that an additional item be added, to read as follows: 9. The annexation is contingent upon the extension of any contiguous parks, open space, and/or trails through the annexed property. It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the Commission direct staff to bring back an Annexation Agreement, addressing Item Nos. 1 through 9 above prior to or in the Agreement, for Commission consideration. 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. Public hearing - Growth Policy Amendment - amend the land use desianation from "Business Park" to "Residential" on 22.57 acres. from "Business Park" to "Neiahborhood Commercial" on 5.97 acres. and from "Industrial" to "Neiahborhood Commercial" on 7.78 acres described as a Dortion of Tract 1. COS No. 2050: and Lot 2. Block 2: Lots 1.2 and 3. Block 7: Lots 2 and 3. Block 8: Lot 1. Block 5: Lot 1. Block 3: and Lots 1 and 2. Block 4. Cattail Creek Subdivision. Phase I - Stuart Mill ProDerties and Mike CooDer for Sandan. LLC (P-04017) This was the time and place set for the public hearing on the Growth Policy Amendment requested by Stuart Mill Properties and Mike Cooper for Sandan, LLC, under Application No. P-04017, to amend the land use designation from "Business Park" to "Residential" on 22.57 acres, from "Business Park" to "Neighborhood Commercial" on 5.97 acres, and from "Industrial" to "Neighborhood Commercial" on 7.78 acres described as a portion of Tract 1, cas No. 2050; and Lot 2, Block 2; Lots 1, 2 and 3, Block 7; Lots 2 and 3, Block 8; Lot 1, Block 5; Lot 1, Block 3; and Lots 1 and 2, Block 4, Cattail Creek Subdivision, Phase I. The subject property lies along North 27th Avenue, north of Cattail Street. Mayor Cetraro opened the public hearing. Associate Planner Jody Sanford presented the staff report. She noted that this application includes a portion of the property that was the subject of the previous agenda item plus a portion of Cattail Creek Subdivision, Phase I lying along North 27th Avenue. She reviewed the requested amendments, which include designating the northern parcel as residential, the center parcel as neighborhood commercial, and the southern parcel as residential. The Associate Planner stated that the City Planning Board conducted its public hearing on this application at its June 1 meeting. Following that public hearing and review of the four criteria against which growth policy amendments are considered, the Board concurred in staff's recommendation for approval. Commissioner Youngman voiced concern about establishing a residential land use designation adjacent to an industrial designation, citing the recurring problems encountered in another portion of the community where that has occurred. Associate Planner Sanford responded that many of the issues are better mitigated under the new development regulations. Also, she noted that the Cattail Creek projects are subject to a fair amount of design criteria that would help address the issues. She suggested that, if there are concerns, a portion of the parcel could remain as business park. Planning Director Epple suggested that North 27th Avenue provides a good barrier between land uses. Further, he noted that an "R-Q" zoning could be used to provide for a transitional zoning under the proposed amendment. 06-07-04 ------ - 9 - Mr. Rob Pertzborn, architect representing the applicants, noted that when property is zoned "R-O" under a business park land use designation, residential uses are not allowed. He then stressed there is a 400-foot-wide transition area between the big box stores and the proposed residential area. He concluded by noting that an "M-1" zoning designation is a catch all zone, "not just smoke belching factories". He concluded by proposing that, if the Commission wishes, the covenants for Cattail Creek Subdivision could be rewritten to include the stipulation that development along North 27th Avenue be required to meet the general entryway guidelines. No one was present to speak in opposition to the proposed growth policy amendment. Since there were no objections, Mayor Cetraro closed the public hearing. Commissioner Kirchhoff voiced his support for the requested growth policy amendment, noting that with the revisions that have been made in the development regulations, he feels residential can be very compatible with industrial or commercial uses that have been created under good design standards. Commissioner Krauss indicated that the neighborhood commercial land use designation provides a good buffer, and he does not believe that "M-1" uses will be incompatible with residential development. It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the Growth Policy Amendment requested by Stuart Mill Properties and Mike Cooper for Sandan, LLC, under Application No. P-04017, to amend the land use designation from "Business Park" to "Residential" on 22.57 acres, from "Business Park" to "Neighborhood Commercial" on 5.97 acres, and from "Industrial" to "Neighborhood Commercial" on 7.78 acres described as a portion of Tract 1, COS No. 2050; and Lot 2, Block 2; Lots 1, 2 and 3, Block 7; Lots 2 and 3, Block 8; Lot 1, Block 5; Lot 1 , Block 3; and Lots 1 and 2, Block 4, Cattail Creek Subdivision, Phase I, be approved subject to the following conditions: 1. The applicant shall submit, within thirty (30) days of approval by the City Commission, an 8Y:z-inch by 11-inch or 8Y:z-inch 14-inch exhibit entitled "Cattail Creek Growth Policy Amendment" to the Planning Department containing an accurate description of the property for which the growth policy designation is being amended. The exhibit must be acceptable to the Planning Department. 2. The resolution for the growth policy amendment shall not be drafted until the applicant provides an exhibit of the area to be redesignated, which will be utilized in the preparation of the resolution to officially amend the Future Land Use Map of the Bozeman 2020 Community Plan. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, CommissionerYoungman, Commissioner Kirchhoff, Commissioner Hietala and Mayor Cetraro; those voting No, none. Public hearina - Zone MaD Amendment - establish initial municiDal zoning desianations of "R-1". "R-2". "R-3" and "R-O" on 35.99 acres described as a Dortion of Tract 1. COS No. 2050 (southeast of intersection of Hulbert Road extended and Davis Lane) _ Intrinsik for Sandan. LLC (Z-04035) This was the time and place set for the public hearing on the Zone Map Amendment requested by Intrinsik for Sandan, LLC, under Application No. Z-04035, to establish initial zoning designations of "R-1", Residential-Single-household, Low-density, "R-2", Residential- Two-household, Medium-density, "R-3" , Residential-Medium-density, and "R-O", Residential-Office, on 35.99 acres described as a portion of Tract 1, Certificate of Survey No. 2050; and to amend the zoning designation from "M-1" to "B-1" on 7.78 acres described as Lot 1, Block 3, and Lots 1 and 2, Block 4, Cattail Creek Subdivision, Phase I. The sUbject property is located east of Davis Road, south of Hulbert Road extended. Mayor Cetraro opened the public hearing. Associate Planner Jody Sanford presented the staff report. She noted that under this application, a mix of zoning designations is to be created in Cattail Creek Subdivision, Phase III; and a portion of the zoning in Phase I is to be amended. She indicated that staff has reviewed this application in light of the 06-07 -04 ..... - ....-..".--.- - 10- twelve criteria contained in the code, and staff's comprehensive findings are contained in the written staff report. Based on those findings, staff has forwarded a recommendation for approval. The Associate Planner noted that the Zoning Commission held its public hearing on June 1 and, following that hearing and consideration of the criteria, concurred in staff's recommendation for approval. Mr. Rob Pertzborn, architect representing the applicant, noted that the April/May issue of the New Urban News talks about the benefit of locating smaller businesses near big box stores, particularly since an anchor store is needed to make smaller businesses successful. He then voiced concurrence with the staff report and a willingness to respond to questions. No one spoke in opposition to the requested zoning designations. Since there were no objections, Mayor Cetraro closed the public hearing. It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the Zone Map Amendment requested by Intrinsik for Sandan, LLC, under Application No. Z-04035, to establish initial zoning designations of "R-1 ", Residential-Single-household, Low-density, "R-2" , Residential- Two- household, Medium-density, "R-3" , Residential-Medium-density, and "R-Q" , Residential-Office, on 35.99 acres described as a portion of Tract 1 , Certificate of Survey No. 2050, be approved subject to the following conditions: 1. The applicant shall submit, within thirty (30) days of approval by the City Commission, a 24-inch by 36-inch mylar zone map titled "Cattail Creek Subdivision Phase III," an 8'i'2-inch by 11-inch or 8'i'2-inch by 14-inch paper map and a digital copy to the Planning Department containing the metes and bounds legal description, total acreage and adjoining rights-of-way and/or street access easements, acceptable to the Director of Public Service. 2. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides a metes and bounds legal description and a map of the area to be re- zoned, which will be utilized in the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map. 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. Break - 8:45 to 8:55 p.m. Mayor Cetraro declared a break from 8:45 p.m. to 8:55 p.m., in accordance with Commission policy. Public hearina ~ Growth Policv Amendment ~ amend the land use desianation from "Residential" to "Regional Commercial" on 8.75 acres and from "Residential" to "Communitv Commercial" on approximately 10.25 acres described as a portion of Lot 4. Home Depot Minor Subdivision No. 319 (alona west side of North 19th Avenue. south of Tschache Lane) - Sprinaer Group Architects for Cape~France Enterprises (P~04022) This was the time and place set for the public hearing on the Growth Policy Amendment, requested by Springer Group Architects for Cape-France Enterprises under Application No. P-04022, to amend the land use designation from "Residential" to "Regional Commercial" on 8.75 acres and from "Residential" to "Community Commercial" on approximately 10.25 acres described as a portion of Lot 4, Home Depot Minor Subdivision No. 319. The subject property lies along the west side of North 19th A venue, south of T schache Lane. Mayor Cetraro opened the public hearing. 06-07 -04 - 11 - Acting City Manager Brey noted that, distributed just prior to the meeting, were a copy of the minutes from the April 19 meeting, at which this issue was previously considered, and a letter from Twist Realty, dated April 22, in opposition to the requested amendment. Associate Planner Jody Sanford presented the staff report. She noted that the previous application for a growth plan amendment was withdrawn due to concerns about limitations that the published notice imposed on possible adjustments to the requested land use designations. She reminded the Commission that the subject property lies along the west side of North 19th Avenue, extending northward from West Oak Street. Under this application, the land use designation on the northernmost 8.75 acres is to be amended from "Residential" to "Regional Commercial", the middle 10.25 acres is to be amended from "Residential" and "Neighborhood Commercial" to "Community Commercial". The southernmost 2.8 acres is to remain "Neighborhood Commercial", and the westernmost portion of the parcel is to remain designated as "Residential" . Associate Planner Sanford 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 then noted that the City Planning Board conducted its public hearing on this application at its June 1 meeting; and following that hearing and consideration of the criteria concurred in staff's recommendation for approval. She concluded by noting that copies of the letters of support submitted for the previous application have been attached to the staff report, since this application is so similar to the previous application. Responding to Commissioner Youngman, Associate Planner Sanford stated that Highgate House is to be constructed close to West Oak Street; however, she noted that the developer will be proposing development further to the north, including transitional living cottages around the perimeter of the units currently under construction. Mr. Lowell Springer, architect representing the applicant, stated there will be a buffer between the commercial development proposed on this subject property and any residential development to the west. He reminded the Commissioners of the senior housing development adjacent to Bridger Peaks Town Center, and noted that those living in such developments often appreciate the opportunity to watch cars and people. He also noted that the comments from residents in Brentwood Subdivision have been very positive. He then stated that, in conjunction with this application, the developer proposes to donate the acreage along the west side of the creek, which is approximately 9 acres, for open space and a pedestrian corridor. Commissioner Youngman noted that a review of the draft minutes shows the previous discussion revolved around providing 3.5 to 4 acres of neighborhood commercial at the southeast corner of this property; this application contains only 2.8 acres; Mr. Springer recalled that in the previous discussion, 2.8 acres would be adequate. Responding to Commissioner Krauss, Mr. Springer indicated that the proffered 9 acres of open space is significantly higher than the parkland dedication would be for residential development on this subject property. Mr. Lowell Springer noted that the letter from Twist Realty was written based on that agency's position on the special improvement districts; and that has now become a dead issue based on recent Commission actions. No one was present to speak in opposition to the proposed growth policy amendment. Since there were no objections, Mayor Cetraro closed the public hearing. Commissioner Kirchhoff characterized this application as "the same old, same old". He stated there is no reason to create any more community commercial or regional commercial land, since there is an adequate supply and a tremendous amount of buildable area. He suggested that, in fact, changing the land use designation from residential to commercial, especially regional commercial, could be detrimental to the community, particularly since Bozeman is quickly becoming labeled as an elitist community. He noted that retaining the residential land use designation and zoning on this property could contribute to an increase in residential properties in more affordable locations within the community. He acknowledged that one of the arguments made has been if we can't see ourselves living here, it shouldn't be used for residential development. On the other hand, he suggested that, through use of innovative ideas, an urban designer may create a fine living environment on this property. 06-07 -04 . .---.--.--- ..- .... -.. -- - ....--.....--.... - 12 - Commissioner Kirchhoff expressed concern that this amendment is being sought because the landowner has shopped the land for a use other than what was planned and now has a tenant on the line for a commercial use. He finds this is not the best way for the Commission to consider changes, stressing that the Commission must weigh the community needs and a host of other factors that go into creating the "most livable place". He concluded by indicating he will not support this amendment to the land use designation. Responding to Commissioner Hietala, Associate Planner Sanford stated the applicant is seeking "B-2" zoning for both the regional commercial and community commercial land use designations; however, those designations determine the types of development that may occur under that zoning. She indicated that the regional commercial designation allows large scale retail uses and significantly taller buildings. It was moved by Commissioner Kirchhoff, seconded by Commissioner Youngman, that the Commission not approve the Growth Policy Amendment, requested by Springer Group Architects for Cape- France Enterprises under Application No. P-04022, to amend the land use designation from "Residential" to "Regional Commercial" on 8.75 acres and from "Residential" to "Community Commercial" on approximately 10.25 acres described as a portion of Lot 4, Mome Depot Minor Subdivision No. 319. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff and Commissioner Youngman; those voting No being Commissioner Hietala and Mayor Cetraro. Commissioner Krauss abstained. Responding to questions from Commissioner Youngman, Acting City Attorney Cooper stated that, if the Commission wishes, it may adjust the sizes of the parcels included in each of the land use designation amendments. Responding to Commissioner Krauss, Mr. Lowell Springer confirmed that there is a wetland area and a developed trail corridor between the Highgate House and this property. He noted, in fact, that Highgate House is buffered on two sides by a 135-foot-wide streambank corridor. Responding to Commissioner Youngman, Commissioner Krauss indicated he feels the size of the neighborhood commercial area should be expanded to 3.5 or 4 acres by moving the line further to the north, so it aligns closer to the break in the line along the west side. He noted that would provide for better protection of the senior living development to the west. Responding to questions from Commissioner Kirchhoff, Commissioner Krauss stated that, had there been an historical use of the property immediately to the west, he would agree that this change in land use designation would not be appropriate. In this instance, however, there is no historic use and the area is still essentially raw land. Commissioner Youngman observed that a senior housing project is currently being constructed adjacent to the existing Bridger Peaks Town Center, a large shopping center. She noted that, in this instance, the issue is predictability; and Highgate House was started with the anticipation that residential development would occur on the adjacent property. She is also concerned that this amendment will remove one of the last residential designations along this corridor; and she believes that a mix of uses will better meet the needs of the community. Responding to Associate Planner Jody Sanford, Commissioner Krauss confirmed that the neighborhood commercial area needs to be increased in size. He then stated he feels the connection between North 19th Avenue and the regional park is an important element. He concluded by indicating that, with that change, he can support the amendment. Commissioner Hietala noted there is a substantial amount of "B-2" zoned property available for development, and suggested that the "B-1" portion of this site be expanded beyond the four acres currently suggested, possibly by an additional four acres. Responding to Commissioner Krauss, Associate Planner Sanford indicated there is no standard size for a neighborhood commercial area, although many in the community are seven to eight acres. It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the Growth Policy Amendment, requested by Springer Group Architects for Cape-France Enterprises under Application No. P-04022, be approved by amending the land use designation from "Residential" to "Regional 06-07-04 .. -.. ...--....----- .....----.-...- - 13 - Commercial" on approximately 8.75 acres, from "Residential" to "Community Commercial" on approximately 9 acres, and from "Neighborhood Commercial" and "Residential" to "Neighborhood Commercial" on approximately 4 acres described as a portion of Lot 4, Home Depot Minor Subdivision No. 319, subject to the following conditions: 1. The applicant shall submit, within thirty (30) days of approval by the City Commission, an 8~-inch by 11-inch or 8~-inch by 14-inch exhibit entitled "Cape- France Growth Policy Amendment" to the Planning Department containing an accurate description of the property for which the growth policy designation is being amended. The exhibit must be acceptable to the Planning Department. 2. The resolution for the growth policy amendment shall not be drafted until the applicant provides an exhibit of the area to be redesignated, which will be utilized in the preparation of the resolution to officially amend the Future Land Use Map of the Bozeman 2020 Community Plan. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Krauss and Mayor Cetraro; those voting No being Commissioner Youngman and Commissioner Kirchhoff. Commissioner Hietala abstained. It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the Growth Policy Amendment, requested by Springer Group Architects for Cape-France Enterprises under Application No. P-04022, be approved by amending the land use designation from "Residential" to "Regional Commercial" on approximately 8.75 acres, from "Residential" to "Community Commercial" on approximately 5 acres, and from "Neighborhood Commercial" and "Residential" to "Neighborhood Commercial" on approximately 8 acres described as a portion of Lot 4, Home Depot Minor Subdivision No. 319, sUbject to the following conditions: 1. The applicant shall submit, within thirty (30) days of approval by the City Commission, an 8~-inch by 11-inch or 8~-inch by 14-inch exhibit entitled "Cape- France Growth Policy Amendment" to the Planning Department containing an accurate description of the property for which the growth policy designation is being amended. The exhibit must be acceptable to the Planning Department. 2. The resolution for the growth policy amendment shall not be drafted until the applicant provides an exhibit of the area to be redesignated, which will be utilized in the preparation of the resolution to officially amend the Future Land Use Map of the Bozeman 2020 Community Plan. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Krauss and Mayor Cetraro; those voting No being Commissioner Youngman and Commissioner Kirchhoff. Public hearina - Zone MaD Amendment - amend the zoning desianation from "R-3" to "B-2" on aDDroximatelv 19 acres and from "R-3" to "B-1" on aDDroximatelv 2.8 acres described as a Dortion of Lot 4. Home DeDot Minor Subdivision No. 319 (along west side of North 19th Avenue. between Tschache Lane and West Oak Street) - SDrinaer GrouD Architects for CaDe-France EnterDrises (Z-04120) This was the time and place set for the public hearing on the Zone Map Amendment requested by Springer Group Architects for Cape-France Enterprises under Application No. 2-04120, to amend the zoning designations from "R-3", Residential-Medium-density, to "B-2", Community Business, on approximately 19 acres and from "R-3", Residential-Medium-density, to "B-1", Neighborhood Commercial, on approximately 2.8 acres described as a portion of Lot 4, Home Depot Minor Subdivision No. 319. The subject property lies along the west side of North 19th Avenue, between Tschache Lane and West Oak Street. Mayor Cetraro opened the public hearing. Acting City Manager Brey reminded the Commission that the zoning adopted under this item must be consistent with the land use designations in the growth policy. 06-07 -04 -14- Associate Planner Jody Sanford presented the staff report. She noted that this application provides for amending the zoning designations from residential to commercial in response to the growth policy amendments approved in the previous agenda item. The Associate Planner stated that staff has reviewed this application in light of the twelve criteria contained in the code, and staff's comprehensive findings are contained in the written staff report. Following its public hearing on this item at its June 1 meeting, the Zoning Commission concurred in staff's recommendation for approval of the amendments. Mr. Lowell Springer, architect representing the applicant, voiced his concurrence with the recommendation from the Zoning Commission and indicated a willingness to respond to questions. No one was present to speak in opposition to the requested rezoning. Since there were no objections, Mayor Cetraro closed the public hearing. It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the Zone Map Amendment requested by Springer Group Architects for Cape-France Enterprises under Application No. Z-04120, be approved by amending the zoning designations from "R-3", Residential-Medium-density, to "B-2", Community Business, on approximately 12.2 acres and from "R-3", Residential-Medium-density, to "B-1", Neighborhood Commercial, on approximately 8 acres described as a portion of Lot 4, Home Depot Minor Subdivision No. 319, subject to the following conditions: 1. The applicant shall submit, within thirty (30) days of approval by the City Commission, a 24-inch by 36-inch mylar zone map titled "Cape-France," an 8Y:2-inch by 11-inch or 8Y:2-inch by 14-inch paper map and a digital copy to the Planning Department containing the metes and bounds legal description, total acreage and adjoining rights-of-way and/or street access easements, acceptable to the Director of Public Service. 2. The Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides a metes and bounds legal description and a map of the area to be re- zoned, which will be utilized in the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Krauss and Mayor Cetraro; those voting No being Commissioner Kirchhoff and Commissioner Youngman. Public hearina - reauest for modification of Condition No. 19 for approval of Cottonwood Condominiums maior site plan to allow utility and road construction to commence prior to completion of remaining improvements - C&H Enaineering for Ken LeClair and Delaney & Company. Inc. (Z-03255A) This was the time and place set for the public hearing on the request submitted by C&H Engineering for Ken LeClair and Delaney and Company, Inc., under Application No. Z-03255A, to modify Condition No. 19 for approval of Cottonwood Condominiums major site plan to allow utility and road construction to commence prior to completion of remaining improvements. Mayor Cetraro opened the public hearing. Planning Director Andy Epple presented the staff report on behalf of Associate Planner Jami Morris. He noted that the major site plan for Cottonwood Condominiums was approved in December 2003; and Condition No. 19 for that approval requires that the conditions for approval of the preliminary plat for Spring Creek Village Resort be met. He reviewed the requirements of that condition, which reads: 19. There are improvements associated with the underlying minor subdivision which have not been completed. All of these items, including the submission of all required paperwork (i.e., record drawings), must be completed prior to initiation of any construction on this lot. 06-07 -04 - 15 - The Planning Director reminded the Commission that Spring Creek Village Resort is a large minor subdivision that created four large tracts along the north side of Huffine Lane between Ferguson Avenue and Cottonwood Road; and The Ridge Athletic Club has been constructed on one of those parcels. He indicated that Engineering staff has determined a number of the infrastructure requirements for that minor subdivision have not yet been met, thus triggering the requirement that they be completed prior to construction of this condominium project. Responding to Mayor Cetraro, Planning Director Epple confirmed that concurrent construction is approved in some instances. He cautioned that, in this instance, the subdivision was approved several years ago, and the improvements are for that project, not for the Cottonwood Condominium project. Project Engineer Bob Murray cautioned that, since the Cottonwood Condominium project is not a planned unit development, it is not eligible for concurrent construction under the old code. Responding to Commissioner Hietala, Project Engineer Murray stated that, typically, punch list items are not financially guaranteed. He then observed that, in his tenure with the City, this is the only project he has seen where the punch list items have become an issue; generally those items identified during the walk through are addressed quickly. Further responding to Commissioner Hietala, the Project Engineer stated that the applicant's engineer did indicate that several of the items had been completed; however, when the City's Engineering staff conducted its review, it found several of those items were, indeed, not complete. He then noted that City staff does support allowing the Cottonwood Condominium project to proceed without the installation of the luminaire since that installation is out of the developer's control, as long as a copy of the contract between the developer and NorthWestern Energy is provided. The remainder of the items, however, need to be addressed prior to construction of the condominium project. Mr. Michael Delaney, Delaney and Company, representing both Cottonwood Condominiums and Spring Creek Village Resort, distributed copies of photos taken earlier today. He reviewed those pictures, noting they show that the sanitary sewer line has been capped, the bicycle lanes and signage have been installed; and the median on Resort Drive has been landscaped with large boulders even though they plan to fully landscape it in the future. He then turned his attention to the paved pathway, noting that he had pleaded with the Commission and staff to allow an a-foot-wide paved linear trail system instead of a sidewalk through the subdivision. He stressed that he was not responsible for the installation of the trail system at The Ridge. He noted that the northern driveway to The Ridge is fairly steep, at an a-percent grade. That factor, combined with the fact that the fiberoptic cable was not buried at the appropriate depth, made it impossible to meet the 2-percent grade limitation. He indicated that, according to the contractor for The Ridge, the City Engineering staff bought off on the paved trail as constructed; now it appears that has become an issue. Mr. Delaney stressed the difficulties of developing property in a manner that exceeds standards, noting he wants to create a development that is classic for years to come. He noted that he is simply seeking a little cooperation at this time. He then indicated that he installed 41 bike lane signs at a cost of nearly $50 each, only to be told later that 11 signs would have been sufficient. He is also unhappy with spending $2,000 for large river boulders to landscape the median, particularly since that rock is not in the final landscape design. Further, he does not find it necessary to spend money to extend an electrical connection that would be used for only a brief period, until NorthWestern Energy installs the permanent luminaire. He concluded by asking that he not be required to install the remainder of the path until after the property has been developed, since it would simply be torn out to accommodate the development of that lot and then reinstalled. He concluded by asking that the Commission approve the requested modification to Condition No. 19. Project Engineer Bob Murray noted that the punch list included landscaping of the median; the applicant asked for and received permission to use large river rock. He turned his attention to the driveway, noting that is an ADA requirement; and its remediation has been on the punch list since 2002. He turned his attention to the signage issue, noting that is an issue that needs to be addressed by the developer's engineer, since they designed it. No one was present to speak in opposition to the requested modification of conditions. Since there were no objections, Mayor Cetraro closed the public hearing. 06-07-04 - 16 - It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the request submitted by C&H Engineering for Ken LeClair and Delaney and Company, Inc., under Application No. Z-03255A, to modify Condition No. 19 for approval of Cottonwood Condominiums major site plan to allow utility and road construction to commence prior to completion of remaining improvemepts, be approved. Responding to Commissioner Krauss, Project Engineer Murray stated that the sidewalk adjacent to The Ridge was on the punch list for the final inspection of the subdivision improvements in October 2002; he is not certain when occupancy of The Ridge Athletic Club was granted. Planning Director Epple noted the City Engineer has indicated on a number of occasions that the sidewalk improvements are viewed as a subdivision improvement, not the site improvements for a specific project. He stated the developer was advised that the sidewalk was an issue that needed to be addressed, and acknowledged it may have been a mistake on staff's part to allow a specific project to move forward without that issue being addressed immediately. Responding to Commissioner Krauss, Planning Director Epple noted that staff has identified ten punch list items that need to be addressed or completed, and stressed that those items which have been adequately addressed as of this date are not at issue in this discussion. Further responding to Commissioner Krauss, Project Engineer Bob Murray indicated that staff has not reviewed the subject site since May, when the original list of items to be addressed was developed. Commissioner Krauss voiced concern about digging in one's heels on something that seems to be relatively minor. Commissioner Youngman responded by noting it is important to consider the history of the project, noting that in the typical development, these items would have already been done. In this instance, the Commission made exceptions by allowing the applicant to proceed with The Ridge project without completing all of the improvements and allowed the construction of a paved trail rather than a sidewalk. She noted that, while granting those exceptions has reflected the Commission's willingness to be flexible and nice, it has created more work for staff and the Commission and resulted in an elongated timeline for complying with the conditions. She finds there are still items in dispute and evidence that the developer has not met the City halfway. She acknowledged that the City may be standing on principle, but stressed it is important to require all developers to address the items on the punch list. She then voiced concern that City Engineer Rick Hixson is not present at this meeting to respond to the issues that have been raised, and she feels it is important that the Commission receive that information before making a decision. She observed that the Commission has gone against staff recommendations a couple of times on this project, and it has not worked well for the City. Commissioner Kirchhoff noted that staff has indicated this is the first time that a punch list has become the object of dispute. He stressed the importance of supporting staff unless a really good objection is raised; and he has not found that in this instance. Responding to Commissioner Hietala, Project Engineer Bob Murray indicated that no deadline was imposed on completion of the improvements; however, in most instances the contractor responds immediately. He then noted that the preliminary plat allows four years to have the improvements completed; the preliminary plat for this subdivision was approved in January 2000, and the installation of improvements is now five months beyond the statutory timeline. Commissioner Krauss indicated that his vote on this item hinges on the punch list items still outstanding. Planning Director Epple suggested that, if the Commission wishes to delay this item for one week, staff can provide the Commission with a list of outstanding items as of a specific day and time, such as 5:00 p.m. on Wednesday. At Commissioner Youngman's request, the decision on this application was delayed for a period of one week. As a result of the delay, Commissioner Hietala withdrew his motion. 06-07-04 .. ...........-.-. - 17 - City appointments to The Garaae at City Center lTGCC) Board Included in the Commissioners' packets was a memo from Acting City Manager Ron Brey, dated June 3, 2004, reminding the Commission that under the by-laws of The Garage at City Center, the City Commission is responsible for the appointment of three directors and the joint appointment of one member at large. Acting City Manager Ron Brey reminded the Commissioners that some time ago, they endorsed the agreement for The Garage at City Center, which includes City representation on its board. He noted that the bylaws for that body are more specific, with the City making three appointments and one joint appointment on the nine-member board. He stated there is a potential that the Board will meet prior to recommendations being submitted for representatives from the Parking Commission and the Downtown Bozeman Improvement District Board (lOB) and suggested that the Chairs of those bodies, Chris Pope and Bobby Bear respectively, be appointed in the interim. He then indicated that the Clotfelter group has asked that Jim Pepper be selected as the joint appointment. The remaining position is for a representative of the City Commission. Commissioner Kirchhoff noted he has been involved with this project for some time and would be interested in serving on the Board. Commissioner Krauss voiced concern that Jim Pepper works for Mr. Clotfelter and, as a result, would encounter a conflict of interest. He suggested that this type of relationship results in a code of ethics issue, noting that he would probably be unable to serve on the Board under the provisions of State statute. Commissioner Youngman noted that she does feel Mr. Pepper would do a good job and share useful information. She then noted that half of this Board will have a financial interest in the project. Responding to Commissioner Krauss, Acting City Manager Brey indicated that there has been no solicitation for applicants to date. Commissioner Krauss announced that Mr. Clotfelter serves on the Board for the Museum of the Rockies and, as a result, he works for Mr. Clotfelter indirectly. He views this as a conflict of interest and will, therefore, abstain from voting on this item. It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that Chris Pope be appointed as the interim member representing the Parking Commission, that Bobby Bear be appointed as the interim member representing the Downtown Bozeman Improvement District Board (lOB), that Commissioner Kirchhoff be appointed as the City Commission representative, and that Jimmy Pepper be accepted as the joint appointment to the member at large position on The Garage at City Center Board. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala and Mayor Cetraro; those voting No being Commissioner Youngman. Commissioner Krauss abstained. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1 ) Memo from Associate Planner Jami Morris, dated June 7, forwarding the proposed master park plan for Baxter Square for Commissioner comment. Responding to Commissioner Kirchhoff, Planning Director Epple stated that this type of issue is typically handled administratively; however, in this instance, staff is seeking Commission input. He then noted that during consideration of the application, it was felt there was a limited amount of wetland in the park area; however, that area must be expanded and enhanced to obtain Army Corps of Engineers approval. He stated that, if the Commission wishes, staff can bring in a more detailed map for next week's meeting. Responding to Commissioner Kirchhoff, Commissioner Krauss indicated that it is acceptable to count wetlands toward parkland dedication requirements as long as the wetlands are identified as being important to the City. 06-07 -04 ---- --------.- ......- - 18 - Commissioner Youngman noted the Commission has a recommendation from the Recreation and Parks Advisory Board against shrinking the parkland dedication beyond what was previously approved, particularly since the City has already accepted cash-in-lieu for a portion of the parkland requirements. Following a brief discussion, a majority of the Commissioners indicated they are not supportive of the proposed master park plan. (2) Memo from Staff Attorney Susan Wordal, dated June 2, forwarding an ordinance clustering and adding alcohol provisions, for consideration at next week's meeting. (3) Copy of a letter from Director of Public Service Debbie Arkell to Mr. Scott Dean responding to his complaint regarding the intersection of South 16th Avenue and West Olive Street. (4) Copy of the press release announcing that the landfill was to be closed on Monday, May 31, for Memorial Day. (5) Letter from Jim Pepper, dated June 7, forwarding a request that current development plans for the Bozeman Creek Corridor Plan be put on hold for an additional six months, since it has taken six months to come forward with an expansion of the implementation strategies as requested by the Commission, along with the concept of a "Bozeman Creek Park". Acting City Manager Brey drew attention to this letter, asking if Commissioners wish to place it on the agenda for next week for discussion. Since only two Commissioners expressed an interest in doing so, the Acting City Manager indicated that it will not be. (6) Agenda for the County Commission meeting which was held on Tuesday, June 1, as well as the agenda for the meeting to be held at 9:00 a.m. on Tuesday, June 8, at the Courthouse. (7) Agenda for the Development Review Committee meeting held on Tuesday, June 1, and the agenda for the meeting to be held at 10:00 a.m. on Tuesday, June 8, at the Professional Building. (8) Agendas for the City Planning Board meeting and Zoning Commission meeting which were held on Tuesday, June 1 . (9) Agenda for the Cemetery Board meeting which was held on Thursday, June 3, in the Commission Room. (10) Meeting notes from the Bozeman Area Bicycle Advisory Board meeting which was held on May 4. (11 ) Minutes from the City-County Board of Health meetings held on December 18, 2003, and January 22, February 23, February 26 and March 25, 2004. (12) Agenda for the County Planning Board meeting to be held at 6:30 p.m. on Tuesday, June 8. at the Willson School. (13) Headwaters Recycling Newsletter, announcing that the next meeting will be held on Wednesday, June 9, at Three Forks. (14) Listing of planning projects to be considered at upcoming Commission meetings, dated June 4, 2004. (15) Copy of a letter from Neighborhood Coordinator Tracy Oulman, dated June 4, announcing the special Fair Board meeting scheduled for June 9. (16) Acting City Manager Brey indicated that, in light of some of the abstentions during this meeting, he will ask City Attorney Luwe to reprint his memo from approximately ten years ago, cautioning that Commissioners may have some responsibility to vote on issues unless they have a specific reason to abstain. 06-07-04 ---- ,..--..--..-.,..-..--..-...--.".------..--...--.....----.--- - 19 - (17) Acting City Manager Brey asked if the Commissioners feel they are prepared for the City Manager selection process. Commissioner Youngman noted that Commissioners were assigned questions to ask during the interview during the previous process; the Commissioners asked Clerk of the Commission Sullivan to assign the questions to be asked by each Commissioner. Commissioner Youngman suggested the Commissioners identify the questions to be asked during the social mixer. The Commissioners agreed that Mayor Cetraro will ask the questions; and they will be developed from the discussions held at the May 24 meeting. Commissioner Youngman asked that a copy of the notice for the upcoming social mixer and interviews be sent to the radio stations and television stations in an effort to gain greater publicity of those events. She then noted that evaluation forms will be available for public comment at both the social mixer and the interviews. (18) City Attorney Luwe announced that on Friday, he received word that he will be called to active duty at Fort Douglas, located at Salt Lake City; and anticipates he will receive orders to report on July 11. He indicated that during his military duty, Staff Attorney Cooper will serve as Acting City Attorney for the first six months and Staff Attorney Patricia Day-Moore will serve as Acting City Attorney for the second six months. (19) Director of Public Service Debbie Arkell reported that the MSU Theatre group has submitted a request to do stars on the sidewalk in front of the Rialto Theater, noting they wish to start installing those stars in conjunction with a film festival that brings in celebrities. She noted the Downtown Bozeman Association is hesitant to allow the new sidewalks to be torn up to add stars, although the MSU Theatre group would be responsible for the costs involved. She acknowledged that the stars are rough and do create some snow removal problems. She then suggested an alternative may be to talk to Mr. Clotfelter about putting the stars in the plaza for the convention center rather than on a downtown sidewalk. The Commissioners indicated they would like to receive more information on this proposal. (20) Director of Public Service Arkell reminded the Commissioners that several months ago, the School District requested installation of a four-way stop at the intersection of North 15th Avenue and West Beall Street; however, it has been determined that installation would not be warranted. She suggested that, to address the School District's concerns, parking be removed between Thibeault Lane and the first entrance to the parking lot. The Commissioners concurred with staff's suggestion. (21) Director of Public Service Arkell stated that TriStar Communications has requested that it be allowed to place a 160-foot cell tower on the Mandeville farm, next to the existing tower. She voiced her hesitance to allow such an installation until the location of the transfer station has been identified. She then suggested that it may be more advantageous for the City to install the cell tower and operate as the landlord rather than simply renting ground space. (22) Commissioner Krauss asked that a contingency be added to the boilerplate for annexations, to require that parks, open space and trails be extended through the subject property. Commissioner Kirchhoff asked that the submittal requirements for subdivisions be expanded to include a scale drawing that show properties within a half mile of the subject site, to ensure that infrastructure connections are provided. Staff Attorney Cooper suggested that applicants be required to provide 8'Y:2-inch by 11-inch maps in their submittals for final plats. (23) Acting City Manager Brey distributed copies of the tentative calendar for adoption of the budget for the upcoming fiscal year (24) Responding to Commissioner Kirchhoff, Acting City Manager Brey confirmed that he will coordinate placing presentation of the plan for management of the watershed on the agenda. 06-07 -04 - --------.---- - 20- (25) Director of Public Service Debbie Arkell announced that Hyalite Reservoir filled over the weekend and, in fact, is now overflowing and causing problems for the project that is underway at the intersection of 19th Avenue and West Main Street since the culvert through which the canal runs is located under 19th Avenue. Adiournment - 11 :21 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, Commissioner Youngman and Mayor Cetraro; those voting No, none. A~ ATTEST: ~y~ ) R BIN L. SULLIVAN Clerk of the Commission 06-07 -04