Loading...
HomeMy WebLinkAbout2003-11-10 Minutes, City Commission . .. .----.---.-.. .- - -. --.. ----------- MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA November 10, 2003 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, November 1 0,2003, at 3:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner Marcia Youngman, Commissioner Lee Hietala, Commissioner Jarvis Brown, Commissioner Andrew Cetraro, City Manager Clark Johnson, Director of Public Service Debbie Arkell, Planning Director Andy Epple, City Attorney Paul Luwe (for the afternoon session), Staff Attorney Tim Cooper (for the evening session) and Clerk of the Commission Robin Sullivan (for the afternoon session) and Deputy Clerk of the Commission Karen DeLathower (for the evening session). The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes. January 18. 2000. and June 10. Julv 14. Auaust 11. September 2. October 27 and November 3. 2003 It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the minutes of the meetings of August 11, September 2, October 27 and November 3, 2003, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, and June 10 and July 14, 2003, to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Approval of sketch plan application with Certificate of Appropriateness for installation of new sports field lighting at the City of Bozeman's Recreation Complex. 400 Haaaertv Lane CZ-03245) Commission Resolution No. 3637 - authorize Citv Manaaerto sian. Chanae Order No. 3 - Bozeman Public Library site remediation proiect . Envirocon. Inc.. Missoula. Montana. add $8.168.23 and 2 calendar davs COMMISSION RESOLUTION NO. 3637 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING AL TERATION/MODIFICATION OF CONTRACT WITH ENVIROCON, INC., MISSOULA, MONTANA. Approval of final plat for minor subdivision planned unit development. subdivide 18 acres described as Tract 48-1. COS No. 1215D. into 5 lots. includina 2 residential lots. 2 common areas and a remainder lot (alona west side of North 15th Avenue extended between West Oak Street and Tschache Lane) CP-03032) Approval of final plat for Cattail Creek Subdivision. Phase II - subdivide 59.03 acres described as Lot A. Minor Subdivision No. 145B. and Lot 1A. Minor 11-1 0-03 ------- _. .____...._".._______ - ._n - 2 - Subdivision No. 145A. into 42 sinale-familv residential lots and 31 multi-familv residential lots (east of Davis Lane and west of Taraet) (P-02023) Acceptance of Public Drainaae Easement - Richard Maus and Jeremv Maus - 20-foot- wide easement across portion of Lot 21. Gordon Mandeville State School Section Subdivision (alona east side of Meadow Lane. north of Griffin Drive) Authorize City Manaaer to sian - Acceptance of Public Street Easement - PT Land and P .K. Nelson - 20-foot wide easement across portions of Tracts 2 and 3. COS No. 1215 for temporary cul-de-sac (for extension of North 15th Avenue) Authorize City Manaaer to sian - Acceptance of Public Street Easement - Donald Mathre - 10-foot-wide easement alona Lots 10. 11 and the east 15 feet of Lot 12. Glendale Rearranaement of Westside Addition (for West ColleQe Street) Award bid - 2002/2003 Westside Sewer Rehabilitation proiect - Planned & Enaineered Construction. Inc.. Helena. Montana - in the bid amount of $585.927.50 Claims It was moved by Commissioner Hietala, seconded by Commissioner Brown, 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 Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. Work session - discussion with Downtown Business ImDrovement District Board (BID). Downtown Bozeman Improvement District Board lIDB) and Parkina Commission re possible construction of parkina structure Included in the Commissioners' packets was a memo from Administrative Services Director Miral Gamradt, dated November 3, 2003, providing an analysis of possible means of financing the construction of a parking garage. Mayor Kirchhoff noted that the Commission will make no decisions during this work session; rather, Commissioners will take the information gathered at this meeting into consideration as they consider whether to proceed with the possible construction of a parking structure at future meetings. City Manager Johnson distributed a packet of information prepared by Mr. Bert Hopeman, Chair of both the Downtown Business Improvement District Board (BID) and the Downtown Bozeman Improvement District Board (lOB), noting that it provides the motions passed by those boards as well as the Parking Commission and provides the information on which Administrative Services Director Gamradt's memo was based. He stated that the calculations and projections in the memo are based on the $7.3 million estimated cost contained in The Arts at City Center proposal, which is the same information upon which the motions from the various advisory bodies were based. City Manager Johnson drew the Commissioners' attention to various items in Director Gamradt's memo, noting that the monies generated from the tax increment did not meet projections initially, but are now close to meeting those predictions. Based on the revenues realized in the tax increment financing district annually, that source can retire one-half of the debt required to construct a parking structure. The boards have recommended that a special improvement district be created to finance $1.295 million of the remainder, with the City committing $192,983 annually toward the financing of this facility. In light of that recommendation, Director Gamradt has provided a graph showing the City's general fund balance for the past several years and how this recommendation would impact that balance in future years if it is selected as the source offunding. He stated that the graph reflects the $192,983 annual payment less the projected increase in the tax increment; and not including that increase would result in the balance declining at a significantly greater rate. He stressed that this is not what the BID and the IDB have proposed; however, it is an important factor for the Commission to consider, since it is a long-term decision that could impact other general fund programs. He cautioned that the payment will consume all growth in revenues, and 11-1 0-03 --..---------...--------.--.-.-...-.....---.." ...-.... .-.. ----..----... -...-----------...---.--.----- ..._._.._n.._....__.__ - 3 - probably a little more for at least the first few years, in a fund where it is very difficult to increase any City services. Administrative Services Director Miral Gamradt stated that revenue bonds must be sold to provide the financing needed to construct a parking garage; and it is important to support those bonds through more than one source of revenue. He stressed that, under the proposed funding mechanism, the City's full faith and credit would not be pledged for repayment; however, it is important to pledge stable sources to ensure the bonds will be sold at an attractive interest rate. The Director gave a brief history of the tax increment financing district, which was created in 1995 with the restrictions that it would be for a period of eleven years rather than the fifteen years allowed by State statute and that the increment would be capped at $750,000 annually. He noted it does not appear that the increment will reach $750,000 annually but indicated the Commission may wish to extend the district to fifteen years to capture the increment to cover the costs of the bond. He suggested that, through rebonding of the project at the end of the fifteenth year of the district, it could be possible to eliminate the City's debt support, the special improvement district support or a combination thereof. Responding to Mayor Kirchhoff, the Administrative Services Director indicated that bond buyers would look upon both special improvement district support and City support favorably and changing the percentage of revenues from those sources would not affect the interest rate on the bonds. Ms. Ana Maria Torres, downtown business owner, noted that all business owners are in favor of some type of parking structure and know they will have to pay something toward it; however, the big question is how much and can they afford it. She cautioned that none of the downtown business owners have seen the proposal even though the advisory boards have indicated they are representing the entire business community. She concluded by asking that every business be kept informed throughout the process to ensure that the end result is beneficial and doesn't result in a white elephant. Ms. Ileana Indreland, 101 East Main Street, stated she is a member of the Downtown Business Improvement District Board (BID). She noted that she is in favor of a parking structure with the right plan and at the right cost. She feels that using the $7.3 million figure is putting the cart before the horse; rather, she feels the City should pull back and look at a good logical planning process that involves the total community. She is concerned about the fragile nature of the downtown and feels that these costs are excessive, particularly when one considers that, at the $1 0,000 to $15,000 per space national cost estimate, a parking structure should cost $3 to $4.5 million. Mr. Chris Pope, Chair of the Parking Commission, noted that the board has made a conditional recommendation that this project be considered and asked that City staff carefully review the financial and detail issues. He recognized that this discussion is conceptual and is at the beginning of a longer dialogue about parking in the downtown area. He stated that garages are inherently hard to build and must be considered as long-term visionary projects. He stressed that downtown Bozeman will one day need a parking facility to allow for future development; timing and planning of that project are the issue. He noted this project will be subject to a transparent and public process that provides opportunity for adequate input and comment. Mr. Pope noted that the Parking Commission has undertaken the development of a long-range facilities plan; and Mr. Clotfelter's proposal parallels many elements of that plan. He cautioned that the construction of a parking facility w ill not be any easier in a few years, and this project is now under consideration. Mr. Steve Johnson, School District No.7, indicated he is a member of the Downtown Bozeman Improvement District Board (lDB). He noted that the School District played a big part in limiting the tax increment financing district to eleven years and establishing a $750,000 cap because they were concerned about tax dollars being taken away from the District for the tax increment. He stated that, at tonight's School Board meeting, the administration will recommend that the Board endorse extension of the tax increment district to fifteen years to ensure funding for a parking structure. He noted that the $750,000 limit, as initially established, is subject to annual adjustments for inflation; and his recommendation to the Board will be that the $750,000 limit be retained throughout the life of the district. He concluded by stating the School District will not get involved in whether the plan is good or bad, but it recognizes the long-term benefit of a parking structure and that it will improve the tax base of the downtown in the long run. 11-1 0-03 .. -......------...--...-- .-., .-.-----.-- - 4- At Mayor Kirchhoff's request, Mr. Steve Johnson gave a brief overview of how a tax increment financing district operates for the college students attending this meeting. He indicated that 1995 is the base year of Bozeman's district; and the property tax revenues for the City, the County, the State and the School District are frozen at that level for the life of the district, with any tax increases going into the increment. The monies in that increment are to be used for improvements in the downtown or to promote additional development. Mr. Jim Pepper, 1322 South Rouse Avenue, stated he is part of the planning team working with Mr. Clotfelter on The Arts at City Center project. He suggested the issue to be weighed is what the community cannot afford to do against what it can afford to do. He cautioned that the City cannot afford to neglect the downtown, noting that the last several master plans have all spoken about the importance of a viable downtown. He encouraged the Commission to be opportunistic, particularly in light of the substantial project that is now before it. He noted that a group has been working on the creation of a performing arts center for the past sixteen years; and the community can't afford to wait another sixteen years for an opportunity to make it a reality. He urged the Commission to move forward on behalf of the cultural community at this time, rather than waiting a year or two before making a move. Mr. Bert Hopeman, Chair of the Downtown Business Improvement District Board (BID) and the Downtown Bozeman Improvement District Board (IDB), noted that much has happened within the tax increment financing district since its creation, including several new buildings on the east end, business improvements in the heart of downtown, and some new development beginning on the west end. He also noted that the recently completed streetscape project has helped with the momentum that is being witnessed in the downtown community. Mr. Hopeman noted that the MAKRS study, completed in 1997 or 1998, indicated the downtown had a marginally acceptable level of parking that could possibly be managed a little better, but that additional parking would be needed in five to six years if growth occurred. He indicated that growth has occurred, but no significant quantity of new parking has been provided. Furthermore, the MAKRS study indicated that by 2005 or 2007, a parking structure would be needed to keep the momentum of development and improvements in the downtown area; and this proposed structure would meet that identified need as well as encourage northward development of the downtown area. He stressed that this type of development is preferable to seeing the city spread further out into the county. He concluded by suggesting that if the district is extended for an additional four years and if the increment continues to grow as anticipated, it is possible the increment could payoff the bond issue, with the City's contribution and the special improvement district providing short-term financing rather than long-term financing. Mr. Harlan Wells, MSU student, noted the parking garage will generate only 150 additional parking spaces and asked if that will adequately benefit the public. He also noted that rents in the downtown are currently $18 per square foot, and covering the costs of the garage could result in increased rental costs, possibly causing some of the businesses that make the downtown quaint unable to continue operating. Mr. Steve Schnee, member of the Parking Commission and the Downtown Business Improvement District Board (BID), identified some of the new projects recently completed downtown but not yet contributing to the tax increment, such as the Dunbar Building and the Big Sky Western Bank, with the new First Interstate Bank building currently under construction. He noted that he views the City's funding gap as a short-term issue and asked that the City step forward with its full faith and credit behind the project. He indicated that the special improvement district is to be a very small portion of the project, covering less than 20 percent of the estimated costs. Mr. Schnee stated it is important to view this project conceptually at this point, stressing that the details will be forthcoming as the project moves forward. He observed that the downtown doesn't receive a lot of infrastructure funding from the City but has spent a lot for the suburbanization of Bozeman. He indicated that the parking garage has the potential of being a catalyst for future jobs and result in enormous economic stimulation. He concluded by encouraging Commission support of the project. Mr. Paul Reichert, Executive Director of the Downtown Bozeman Partnership, stated a parking structure would be extremely valuable for the downtown and could stimulate private investment within the tax increment financing district, whether it be an arts center, a hotel or other development. He stated that parking is the limiting factor for stimulating downtown development, and additional parking can attract desired building renovations and businesses. He also indicated that a parking structure will allow for managing the other parking resources, such as on-street parking, differently and more beneficially for 11-1 0-03 . ......... -- .--- - - 5 - everyone. He concluded by noting that the tax increment monies not committed to retiring the debt will be available for other improvements, paying down the debt, or a combination of projects. Steve "the Main Man", stated he thinks Bozeman needs a parking garage, whether it's now, or in two years or five years. He noted that most people exceed the two-hour limit on Main Street and suggested that a parking garage could help to relieve those problems. Mr. Michael Delaney, 101 East Main Street, distributed a letter to the Commissioners. He stated that, while he is in favor of a downtown parking garage, he is concerned about the process. He encouraged the City to follow the proper processes in conducting its business, cautioning that the land adjacent to the Powder Horn will not appraise for the $470,000 value listed in the memo. He asked that the Commission follow the process utilized in obtaining land for a new library, under which the project was approved by both the Commission and the citizens of Bozeman. Ms. Ana Maria Torres stated that she is in favor of a parking garage; her concerns revolve around how much it will cost her and whether she can afford it. She stressed that additional information is needed before she can make an informed decision. Ms. Ileana Indreland questioned the point of discussing these concepts when they are not based on a firm foundation of good facts and good numbers. Mr. Bobby Cove, Bobby Lee's Tees, asked if any of any portion of the fees paid by Home Depot and WalMart will be used to offset the costs of a parking garage. Mr. Ivan Dieruf, Powder Horn, noted that their property adjacent to the City's parking lot is currently used as a parking lot, and giving it up to create another parking lot doesn't make much sense without the right compensation. He feels this project is great for all downtown property owners, but cautioned that acquisition of his property should be under the terms that he and Mr. Clotfelter have discussed. Mr. Steve Schnee addressed some of the questions regarding a special improvement district, cautioning that the size of the district and the formula have not yet been determined. He indicated that the district will be larger than the district that was created for the Main Street streetscape improvements, with the cost being approximately the same. He noted that, under the formula f or a parking garage, the properties closer to the structure pay a higher rate than those further away. He assured those raising questions that once the steps of identifying the district and developing the formula have been completed, the information will be provided. He then stated that, barring some type of disaster, he is confident the tax increment will grow enough over the next seven years to erase the need for a special improvement district and City assistance. He stressed that the key issue is that the garage is needed today, not in seven years; and benefits can include continuing the momentum that has begun, additional development in the downtown area, and more jobs. Mr. Bert Hopeman stated that national estimates suggest one parking space generates $30,000 to $50,000 for downtown businesses. He noted that this garage would be centrally located in the downtown area and would create 150 new parking spaces. Using the lower estimate, that suggests the downtown businesses could realize an additional $4.5 million in sales, which would more than offset the costs of a special improvement district. He noted that, once the numbers for an SID have been calculated, everyone will have an opportunity to comment. Mr. Harlan Wells observed that there are a total of 5,000 parking spaces downtown, and multiplying those spaces by $30,000 seems to generate an excessively high figure for current revenues to downtown businesses. Responding to Mayor Kirchhoff, Ms. Ileana Indreland stated her problem starts with the $7.3 million estimate and carries throughout the calculations. She suggested that additional work is needed to ensure the estimate is accurate, noting that if the costs are lower than now projected, the costs to the City and ultimately the taxpayer will be a much more manageable number. Mayor Kirchhoff noted a question has been raised about the use of large scale retail mitigation fees for a portion of the project, and stated that is an issue the Commission will discuss later. 11-1 0-03 - 6- At Mayor Kirchhoff's request, City Manager Clark Johnson noted that City staff and advisory bodies as well as the City Commission have been considering this issue since January, and it was his impression the advisory boards were representing the downtown businesses. He indicated that staff has drafted a request for proposals to determine if the $7.3 million estimate is reasonable, and that draft provides a relatively open framework to allow for a variety of responses. He then highlighted the proposed funding for a $7.3 million facility, stressing that his recommendation is that the City's contribution be the first to be eliminated through additional monies in other revenue sources, such as the tax increment. Mr. Steve Schnee encouraged the City to take a step forward in a good faith effort to make this project viable. He recognized there are risks involved, but he feels those risks are reasonable. Responding to Commissioner Youngman, Administrative Services Director Gamradt stated that pledging the City's full faith and credit requires a vote of the public, for approval of a general obligation bond instead of the proposed revenue bond. City Manager Johnson noted that, in essence, the City will be pledging its full faith and credit behind a revenue bond issue because, if it doesn't the bond rating will be damaged and the City won't be able to borrow monies again. Mr. Paul Reichert noted that pay parking is a component of any parking structure, which is a shift for Bozeman's culture. He recognized that revenues from this source will begin slowly, and no such revenues have been included in the funding mechanism proposed. Mayor Kirchhoff closed the public comment portion of this agenda item and asked for Commissioner input on possible facilitation of a parking structure. Commissioner Hietala indicated his support for a request for proposals to identify the potential cost of a parking facility, noting that until that cost is known, it is difficult to determine if the community can afford it. Commissioner Youngman expressed her support for the request for proposals process, and asked that it be as open as possible to ensure the best option for the downtown and the community can be identified. She voiced her interest in a mixed use facility that includes parking, retail and possibly residential units. City Manager Johnson indicated the draft request for proposals is fairly open. He then stated this issue has gained attention outside the state, with developers calling or visiting from other states. He noted that the request will encourage proposals that reflect a net increase in parking spaces, high quality and varied uses. Mayor Kirchhoff noted the Commission is being asked if it can embrace the concept of a parking structure and if it meets the needs of the downtown; and he believes that it does. The other issue is the cost and whether it is divided appropriately. His answer is affirmative with the caveat that the City be able to capture the added increment from the tax increment financing district as it matures so the City's portion can be paid down quickly. He indicated that, while $30,000 in revenue per parking space can result in funny pieces of math, he feels the concept is good and that additional parking spaces will result in additional revenues. Commissioner Brown noted the proposal included in the Commissioners' packets is different from proposals previously seen, and he likes some of the changes. He observed that the initial expectation is that the parking garage could be built without any City monies beyond impacts on City staff time and incidental expenses. He feels that a parking garage is needed and that timing is a critical issue, particularly since there is now a window of opportunity that won't be in the future. He indicated his support for the concept of getting a parking garage built as soon as possible, although he is currently suffering from "sticker shock" and is unsure how much debt each revenue source can support. Commissioner Cetraro stated he feels a request for proposals that is fairly open is a good first step in moving forward in this process. Commissioner Youngman recognized the business community and the tax increment cannot support this project alone, but she is struggling with the amount that the City can commit. She noted it is important 11-10-03 -- --...---.-----------..-.-.-- --------------.-----------------------------------.. - 7 - to talk to Gallatin County about extending the term of the district, recognizing the downtown deserves a short-term investment of public infrastructure dollars. She expressed hope that this investment will result in gains in taxable value, revenues for businesses and added jobs that will result in net gain to the entire community. She concluded by indicating her support for the project, making sure of strong scrutiny through- out the process. Commissioner Hietala stated he feels committing City funds toward this project is "putting the cart before the horse." He expressed support for the project, noting he would like to see a private investment commitment to help spur it along and create a partnership. He noted it is also important to develop some incentives for developing the area around the parking garage, possibly including multi-family housing. He concluded by stating his interest in seeing a firm proposal in conjunction with a parking garage rather than the conceptual plans that have been submitted to date. City Manager Clark Johnson noted that, in Helena, a private developer expressed an interest to do a new downtown project that included a City parking garage; and the City of Helena entered into an agreement with that developer that the garage would be built at a specific time in the project. He noted that in that situation, the developer had complete control over the project, including the appearance of the garage. Commissioner Hietala noted that is an extreme approach, and suggested a little more moderate approach would be preferable. Mayor Kirchhoff suggested that the City's commitment to the parking garage could possibly be funded from large scale retail mitigation fees for the first few years, noting this investment will result in a significant return for everyone, whether the garage results in additional development or not. He concluded by noting that if the Commission decides it is not comfortable with an outlay of public monies, it will have a chilling effect on the project. Commissioner Cetraro stated he feels a parking garage is in the best interests of the community, but he is concerned about the potential that it will be at the expense of other things. As a result, this is an issue that will need to be discussed during the budget process, with the Commission re-evaluating its commitments. Commissioner Brown indicated he is in favor of adding public monies because he recognizes it is the only way a parking garage can be built. Based on the discussion above, Mayor Kirchhoff noted a majority of the Commissioners have indicated their support for taking the next step in the process. City Manager Johnson indicated that staff will prepare the request for proposals to get firm numbers on which to base future considerations. Mayor Kirchhoff thanked everyone for attending and participating in this work session. Recess - 4:55 D.m. Mayor Kirchhoff recessed the meeting at 4:55 p.m., to reconvene at 7:00 p.m. for the purpose of completing the routine business items. Work session re claims Drocess Commissioners in attendance included Commissioner Hietala and Commissioner Cetraro. At 6:03 p.m., Administrative Services Director Miral Gamradt began his presentation on claims processing by distributing a packet of information that included excerpts from State statute and information from other cities. He highlighted the State statute after which he identified the difference between checks and warrants. He noted that checks are immediate payment while warrants are a promise to pay and are redeemed from the bank with a check. He noted that this process is used as a mechanism for borrowing monies when a governmental entity does not have adequate funds in the bank. 11-1 0-03 ----------.- ---.---..------- - 8 - The Director briefly reviewed the processes used in other communities. He stated that Butte/Silver Bow and Missoula both have a sub-committee system. Under that process, the sub-committee does the in-depth review and forwards a report to the full Commission~ He noted that if the full Commission accepts a sub-committee's recommendations a large percentage of the time, the process works; however, if it doesn't, the result is double the workload. He then indicated that, under the sub-committee approach, the vast majority of the governing body's work is done in committee meetings, with the actions of the committees being endorsed in the Commission or Council meeting. He acknowledged that some of those actions may first require a public hearing, but a vast majority of the actions could be listed on the consent agenda. Director Gamradt noted that in Helena, Great Falls and Billings, Commissioners review computer- generated lists of claims in a process very similar to the process followed in Bozeman. He indicated that the individual claims are not reviewed in any of the procedures, although they can be if questions arise. Administrative Services Director Miral Gamradt stressed the importance of having adequate internal controls in place to reduce the potential for fraud. He cited an example from the City of Laurel, in which the Water Superintendent created a phony company with a post office box in Billings and then purchased fire hydrants from it. In an effort to alleviate the potential of that occurring locally without adding departments and personnel, the requirement for two signatures on all claims has been implemented. He noted it is important for each person to review the claim to ensure that it is legitimate, rather than simply initialing it. Commissioner Hietala noted a similar mechanism was implemented for physicians when he worked for the Workers' Compensation Division. Commissioner Cetraro thanked Administrative Services Director Gamradt for the information on the claims process and concluded the work session at 6:20 p.m. Reconvene - 7:00 p.m. Mayor Kirchhoff reconvened the meeting at 7:00 p.m. Reauest to continue farmers market at Boaert Park in 2004 - Boaert Market Group Included in the Commissioners' packets was a memo from Superintendent of Facilities and Lands James Goehrung, dated October 14, forwarding a request from the Bogert Market Group requesting permission to continue farmers' markets in the Bogert Pavilion during the 2004 season. Superintendent of Facilities and Lands Goehrung reviewed the request from the Bogert Market Group, noting they are requesting extension of the number of market dates from 13 to 21 and the hours from 9:00 am to 1 :00 pm, which does not include set up and take down times. He stated three or four groups tried last year to stage their events at the park during the time of the Farmers' Market, but the results were not optimal. A benefit of the Farmers' Market being held early in the day is that they are often out of the park before it warms up, and there is not a lot of demand in the early part of the season for those early morning hours. Superintendent Goehrung acknowledged that the group did keep the traffic under control last season and policed parking in the lot; but if the number of vendors and attendees continues to grow, this event could become out of control. Mayor Kirchhoff asked Superintendent Goehrung if he has scheduled the Farmers' Market for the requested 21 days, to which the Superintendent replied it is difficult to tell the Market that next week they cannot have their market because someone else has reserved the park. He either needs to schedule the full 21 days or only allow the 13 days they had last year. Commissioner Hietala asked which dates the Bogert Farmers' Market had requested for 2004. Superintendent Goehrung replied they are requesting May 24th through October 9th, which limits the use of the pavilion by others for most of the prime usage season. In 2003 they utilized the park from July 19th through the latter part of September. 11-1 0-03 ....._ ___._.._.___u___.______. ------.---.... - 9 - Commissioner Youngman asked if 1 :00 pm is early enough to conclude the market so other events can be held in the park. Superintendent Goehrung responded he is exploring breaking the day up into blocks of time and reserving the parkin blocks. Commissioner Cetraro asked if the Recreation and Parks Advisory Board had made a recommendation. The Superintendent of Facilities and Lands answered that when he took this request to the Board, they stated they had previously advised the Commission of their recommendation, so they would let it go at that. Commissioner Hietala inquired as to the condition of the park, and if it has improved over prior years' usage. Superintendent Goehrung responded there has been improvement in the lawn area from the lack of vehicular parking, the well has been upgraded, damaged sprinkler heads have been replaced, and the parking lot has been paved. Salal Huber-McGee, 332 South Church Avenue, told the Commission the Bogert Market Group chose the dates of May 24th through October 9th for the benefit of the farmers that sell at the market. They have wares they want to sell before mid-July, such as start-up plants and crafts. Both the beginning and ending dates were chosen upon recommendation of farmers. The Market Group had a discussion at the end of last season, and they agreed to extend the hours to 1 :00 pm so that families could utilize the park to its full benefit. They envision a market that will bring to the community what the other market did not by offering lunch items and live music. The Group wants to support both farmers and the needs of the community. Commissioner Hietala noted last year the Bogert Market Group was seeking 501 c3 status and asked if they had been granted that. Brian Close, 406 East Olive Street, responded the Group has been incorporated as a public benefit corporation under Montana law, which allows them to acquire the necessary insurance; therefore, they have not applied for 501 c3 status. Ms. Huber-McGee stated their ~urpose is to improve the park, using monies from the Farmers' Market. The Bogert Market Group has 500 saved from last year's Farmers' Market, which they would like to retain for publicity expenses. She added they have some free advertising already promised to them. Ms. Huber-McGee closed by stating the Bogert Market Group is excited to sponsor this event again next year, and they are willing to operate within City guidelines in the best manner possible. Brian Close, 406 East Olive Street, noted when the Commission was approached last summer, their concerns were the impact on the park and if the Bogert Market Group was sufficiently organized to sponsor such an event. There were n oa dverse impacts 0 n the p ark, a nd the group h as a dditional vendors requesting space at the Market for next year. There was good success the first year, and next year the Market will be appropriately larger. This event will be a mixed use one from the Farmers' Market now held at the fairgrounds. If there are conflicts of dates and uses of the park, the City will have to ask the Bogert Market Group if they would be willing to forego some Saturday dates. Gary Gullickson, 404 South Church Avenue, recommended to the Commission they approve the Farmers' Market again for next year. He stated it was nice to have a market in this park again, and he loves having the Farmers' Market held in the neighborhood because it establishes a sense of city. He strongly favors this request, as well as continued community use of Bogert Park. Commissioner Brown said he is concerned that having lunches served will tie up the park even longer and asked what kind of lunches they are envisioning. Chris Hardy, 606 South 8th Avenue, stated the lunch food vendors will be local establishments and will include seasonal foods. He anticipates vendors like those they have at the Sweet Pea Festival. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, to grant the request from the Bogert Market Group to continue the Saturday Farmers' Market at Bogert Park for the 2004 season, conditional upon them coordinating the dates of the Markets with Superintendent of Facilities and Lands Goehrung. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala, and Mayor Kirchhoff; those voting No, none. Reauest for modification of Condition No. 6 to aDDroval of Maior Site Plan with Certificate of ADDroDriateness to allow construction of t55.300-sauare-foot automobile sales facilitv on Lots 2-5. 11-1 0-03 ....- -----..-.- . ..--..-.---.------..-..--------.-----.- - -----...---.-----.-.------ ...--..---.----- - 10- Tract 2. Gardner Simmental Plaza. to allow left turn inaress (Bozeman Ford. 2900 North 19th Avenue) lZ-01037} Included in the Commissioners' packets was a memo from Project Engineer Sue Stodola, dated November 4, forwarding the applicant's request for modification of Condition NO.6 for approval of the Major Site Plan with Certificate of Appropriateness to allow construction of the new Bozeman Ford facility to allow left-turn ingress. Director of Public Service Arkell reviewed this re~uested modification of condition of approval to allow left-turn ingress into Bozeman Ford, 2900 North 19 Avenue, from North 19th Avenue southbound. In May 2001 Bozeman Ford was granted conditional approval of the major site plan, with one condition being that ingress/egress could only be right in, right out, with the understanding the Commission would need to be approached if there were any desire to add left turns. The North 19th AvenueNalley Center improvement project plans are nearing completion, and it is hoped it can be bid in February or March, 2004. Those plans include adding traffic lanes, a center turn lane with medians, and a traffic signal at Deadman's Gulch and Cattail Street. Director of Public Service Arkell noted Bob Marvin, project engineer, has reviewed the impact of allowing left turns into Bozeman Ford, including projected impacts 20 years from now, and feels it would be safe. The Montana Department of Transportation engineers have also reviewed this proposal; and they, too, feel a left-turn bay is acceptable. Cit~ staff has no objection to allowing left-turn ingress once the improvements are completed to North 19t Avenue and recommend Condition 6 be amended as per the staff report. Lou Ann Wallin, applicant, stated they would appreciate a recommendation of the left-turn ingress, as it is of vital importance to the vitality of their business. When they built the new facility, they were of the understanding that when North 19th Avenue was widened to five lanes and the stoplight installed at Deadman's Gulch, they would be allowed to modify condition number 6. The new stoplight will slow traffic, so the safety concerns of turning left into the dealership will lessen significantly. She noted Bozeman Ford has complied with all other City requests, but find the left-turn ingress from North 19th Avenue southbound is essential. No public comment was received. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, to approve the request of Bozeman Ford, under application 2-01037, to modify Condition 6 of approval of the Major Site Plan with Certificate of Appropriateness to allow left-turn ingress from North 19t1i Avenue southbound as follows: 6. Ingress/egress from North 19th Avenue shall be limited to "right turn in, right turn out only" and the "pork chop" traffic control device shall be modified accordingly, subject to review and approval by the City Engineering Office. When the improvements are made to widen the North 19th Avenue corridor, those improvements will include modifications to allow left-turn ingress from North 19th southbound, right turn ingress from North 19th northbound, and right turn egress from the site to North 19th Avenue. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala, Commissioner Brown, and Mayor Kirchhoff. Those voting No, none. Reauest for modification of conditions of aDDroval of Conditional Use Permit for Planned Unit DeveloDment - establish unified Dlan for architectural and landscaDe Dlans for future develoDment of commercial comDlex on aDDroximatelv 40 acres described as Tract 1A. COS No. 1215A. and Tracts A and B. COS No. 1215C - Morrison-Maierle.lnc.. for PhiliD Saccoccia. Jr. least of North 19th Avenue between Baxter Lane and Tschache Lane) (Z-02021A} Included in the Commissioners' packets was a memo from Associate Planner Jami Morris, dated November 5, forwarding a request from Phillip Saccoccia, Jr., under Application No. 2-02021 A, for modification of the conditions of approval of Conditional Use Permit for Planned Unit Development to establish a unified plan for architectural and landscape plans for future development of a commercial 11-1 0-03 .---.-..----.--.- - 11 - complex on approximately 40 acres located east of North 19th Avenue between Baxter Lane and Tschache Lane. Associate Planner Jami Morris reviewed this application, noting originally the zoning application was approved as the Lowe's Planned Unit Development with Lowe's being reviewed as the first phase of a development approved for concurrent construction. The applicant has asked to resubmit his application for the Planned Unit Development, abandoning the first phase, and requesting relocation of the common lot lines for the three tracts of land. He has submitted requested changes to the conditions of approval in order to eliminate the problems associated with Lowe's and the first phase of development. Those changes are outlined in the staff report. Associate Planner Morris highlighted the proposed modifications to the conditions as follows: the developer requests modification to condition number 1 so that street trees can be planted as development occurs. She stated staff does not support the rewording of condition number 1. The Planning Office required all trees to be planted with the first phase of development so they will be about the same size and close to maturity at buildout. Condition number 2 has been eliminated as it does not apply to the master Planned Unit Development. Condition 22 allows the relocation of common boundary lines for the existing tracts. Conditions 24 and 32 allow for improvements to be completed with each phase of development. Condition 40 removes the language reflecting the division of the tract into five lots. Condition 41 states all future site plans will comply with Ordinance 1561. Engineering staff has recommended the addition of conditions 42 and 43 reflecting the need for right-of-way dedication. Keith Belden, Morrison-Maierle, Inc., stated they are bringing before the Commission a site plan that is a master site plan without a first phase. They are trying to work out a way for the conditions to be reworded to apply to a site plan that is not tied to a first phase. A lot of these conditions were structured around the first phase, Lowe's, which wasn't approved. The landowner is now trying to concurrently put together the SID for improvement of Baxter Lane and a minor subdivision. Condition number 1 was based upon Lowe's being the first phase, where it made sense to put all trees in on the surrounding streets. Currently there is the potential for a number of pad tenants, which would not require trees. The developer would like to reword this condition so the City is comfortable, while allowing them to plant the landscaping at the right time. They do not want to plant trees on two streets with irrigation lines running across all 40 acres. Associate Planner Morris stated she reviewed the Design Review Board minutes when this Planned Unit Development first came forward, and those minutes reflected it wasn't only Lowe's the Board was concerned with, rather the entire Planned Unit Development. They wanted uniformity of street trees. When Planned Unit Developments are phased in, installation of street trees can occur over the course of 10 years, which leads to varying heights and maturity of those trees. The Design Review Board is striving for more uniformity of street trees. Commissioner Youngman suggested alternate wording, such as requiring street trees with completion of the street connecting Tschache Lane and Baxter Lane. Associate Planner Morris replied Planning staff supports the Design Review Board's concern of uniformity of street trees. Mr. Belden stated he understands staff and Design Review Board's concern with regard to the uniformity of landscaping materials. However, if the first phase is a small one, it creates a financial difficulty to plant landscaping on the entire 40-acre parcel. Mr. Belden noted this proposal is for a three-phase site plan and suggested if phases 1 and 3 go through initially, then the developer could be required to do the landscaping on Baxter Lane, Tschache Lane, and the through street. Phase 2 could be leased to pad tenants which may not require through traffic. If Phase 2 should be developed first, the developer would be willing to plant all trees on Tschache Lane for uniformity there. 11-1 0-03 . ___.._ ,,__ .___.._ n _u.._______..____.__"._ ____._. - -. -.. -----.--- -- - -. .-. - -.. ...-... ____no_ - 12 - No public comment was received. Commissioner Youngman suggested a compromise wording for condition 1, but Mayor Kirchhoff pointed out the Commission doesn't need to deviate from the applicant's suggested language because each phase of development will be reviewed. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the request for modification of conditions of approval of Conditional Use Permit for Planned Unit Development for Saccoccia Planned Unit Development, under application Z-02021 A, be approved as follows: 1. Applicc!nt snell submit, elong v/itn tne finfllsite plc!n c!pplicetion, fin economic impect study, including mitigc!tion strc!tegies for c!ny negc!tive in1pc!cts. Unless otne~vise provided, sucn informfltion snc!1I include c!n economic impflct study prepc!red by qUfllified professionc!l(s) tnc!t contc!ins, c!t c! n',iniI"11ul"l1. c!) c! report on grov'rlh c!nd the rate of grovvth c!nticipc!ted for the City and region, both vvithout the proiect al,d witl"l tl"le project c!S proposed, b) c! report whicl, quentifies tne impect8 sucn grovv'tn, including grovJth c!ccelerflted or flttrflcted by tne proposal, will nflve in tne erea; c) a report on the BssociBted costs Bnd benefits of such growth, Bnd the Bbility of the City to accol'I"l11'1odate such grovfth, d) B report on the c!dditiol1al costs of public services c!nd fBcilities cBused directly or indirectly by tne project, and tl"le impacts 011 the Bbility of the Cit) to provide 1"UI,icipal or governnlel,tc!1 services, e) B report on tl"le provision of needed end belenced housing Bccessible to existil"ig or plenned development, both vvithout the project and witn tne project B8 proposed; f) e report on plBns Bnd strBtegies for BdBpting the building for re use in the event of closure, including a closure plBn describing how the proper'1y will be disposed of, re used, demolisl"led, mede aV!lilc!ble for other uses, or otherwise reclBin1ed; g) B report on the impBcts of the project's c!ppro\.BI on the job mBrket in Oozen1an c!nd Gallatin County, irlcluding a con"iparison of vvc!ges Bnd bel1efits of existing businesses, end an al"lal)sis of the effects of the project's epl'rovel on weges end benefits of existil'g businesses; end h) c! rel'ort demonstreting epplicent's plan to reduce or eliminete edverse impacts identified in tne BnBlysis including, but not limited to, eny burden on the Bbility of the City to provide municipal 0 r go'V'ernmentc!1 services. The Saccoccia planned unit development and future site plans shall comply with Ordinance No. 1561. 2. The boulevard trees along Baxter Lane, Tschache Lane and the private through street shall be planted with ph8se one appropriate phase of the development. J. The IBndscBpe islBnds on the south end of the LOvve's parking lot shBII be widened c!nd provide et le!!!t one lendsC!lpe groul'ing in eecn islend. 4. Tne pitched roof over the entrBnce 8hBII be Bt leBst 10 feet bigger in depth. 5. The final site plan for the planned unit development shall depict less parking along the east and west sides of the private street and increase the landscaping to create a sense of entry into the development. 6. Tne pedestriBn corridor connecting to the entrBnce of the Lowe's building 3nBII be enhBnced (i.e., curb bulbs, c!dditionc!llandscc!ping). 7. The final site plan shall depict the development of the open space areas with usable, permanent public open space features, to be reviewed and approved by Planning Staff. 11-10-03 - - ---------- - 13 - 8. All new construction shall be reviewed against the architectural and developmental guidelines for the planned unit development. A site p Ian application shall be submitted for each building site for review and approval from the applicable governing body (Le., Development Review Committee, the Design Review Board and the City Commission). 9. Additional landscaping, including plant materials of varying size and species, shall be provided along the pedestrian corridors and within the landscape islands. One large canopy tree, one small tree and two large evergreen shrubs shall be provided for every fifty linear feet of parking. 10. Boulevard trees shall be planted for every fifty feet of street frontage along Baxter Lane and Tschache Lane (the plan indicates Tam Juniper being planted in the boulevard, which is unacceptable). 11. Details shall be provided in the developmental guidelines and incorporated into building elevations for each site, indicating the actual size of the rooftop and ground- mounted mechanical equipment. All mechanical equipment must be fully screened from all aspects. If during construction, the mechanical equipment must be changed for larger equipment then additional detail shall be provided to the Planning Office addressing a new method of screening the equipment. 12. The storm water detention pond and constructed ditches shall be designed in a more organic form and landscaped as a water feature with 6-inch river rock and wet root tolerant plant types. Not more than % of the front yards may be utilized for storm water detention/retention, the storm water ponds shall not exceed 1'Y2 feet in depth and shall provide a maximum slope of 1 :4. 13. On-site wells shall be installed for irrigation purposes only. If the applicant is unable to receive a permit for an on-site well, then the applicant shall provide a letter of explanation from the appropriate agency. 14. The final site plan shall be adequately dimensioned. 15. Plans and specifications for any fire service line must be prepared in accordance with the City's Fire Service Line Policy by a professional engineer (PE) and be provided to and approved by the City Engineer prior to initiation of construction of the fire service line or fire protection system. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. 16. Sewer and water services shall be shown on the final site plan and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. 17. The drive approach shall be constructed in accordance with the City's standard approach (i.e., concrete apron, sidewalk section and drop curb) and shown as such on the final site plan. A City Curb Cut and Sidewalk Permit shall be obtained prior to final site plan approval. 18. Typical curb details (i .e., raised and/or drop curbs) and typical asphalt paving section detail shall be provided to and approved by the City Engineer. Concrete curbing shall be provided around the entire new parking lot perimeter and adequately identified on the final site plan. 19. Adequate snow storage area must be designated outside the sight triangles, but on the subject property (unless a snow storage easement is obtained for a location off the property and filed with the County Clerk and Recorder's Office). 20. Drive approach and public street intersection sight triangles shall be free of plantings, which at mature growth will obscure vision within the sight triangle. 11-1 0-03 .--.. ..-...--------- .------.-.--..-- ...... ...-.___.._...._..u. ------.-.- -14- 21. If construction activities related to the project result in the disturbance of more than 5 acres of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality, Water Quality Bureau, shall be contacted by the applicant to determine if a Storm water Discharge Permit is necessary. If required by the WQB, an erosion/sediment control plan shall be prepared for disturbed areas of 5 acres or less if the point of discharge is less than 100 feet from state waters. 22. A grease interceptor shall be installed on the sanitary sewer service for any proposed restaurants. 23. Design submittals for fire service lines shall be provided to the City for review and approval. 24. Backflow protection on all fire and domestic water services is required with specific type dependent upon degree of hazard. 25. Location of the fire and domestic service inside the building must be approved by the Water Superintendent. 26. The final plat Subdivision Exemption must be submitted with recorded prior to the final site plan approval. Approval for the final site plan for the planned unit development shall be contingent on final plat Subdivision Exemption approval. 27. All phasing proposed by the developer shall be depicted on the final site plan for the planned unit development. 28. Cash in-lieu of water rights shall be paid prior to final site plan approval of-the planned unit development for each phase. 29. The applicant shall return a proposal/narrative addressing Section 1, Item Nos. 3a thru k of Ordinance No. 1532 with the final site plan submittal, and the applicant is hereby on notice that the City reserves the right to limit the scope for simultaneous construction consideration based on available staff hours. 30. Ctructures of ~O,OOO s~uBre feet or more, or "NnolesBle or retail uses of 50,000 square feet or n'iore, are subject to tne provisions of Ordinance ~Jo. 1561, if adopted, and as such sh.!lll I,ot be permitted in tnis planned unit development at tnis time, unless specifically exen'lpted ill OrdinBnce ~Jo. 1561. If OrdinBnce ~Jo. 1561 is adopted, sucn uses and structures snail only be allowed at sucn time as tne City Commission has rescinded tne pronibitions contained in OrdinBnce ~Jo. 1561 or allovved tnose pronibitions to lapse. Any impact analysis and mitigation requirement:!!, review procedures or other requirements in place at the time Ordinflnce ~Jo. 1561 is rescinded or lapses vvill be applicable to any structures of 50,000 :!!quare feet or nlore, or ~vholesale or retail uses of ~O,OOO square feet 01 more, proposed to be located vvitl,in tnis plBnned unit development. 31. The applicant shall submit seven copies of the final planned unit development plan for review by the Planning Department. The final plan must be approved prior to acceptance of the final plat. 32. The applicant shall submit to the Planning Department a written narrative with the final planned unit development plan indicating how all conditions of approval and code provisions have been met. All subsequent buildings within the planned unit development shall undergo site plan review by the Development Review Committee and the Design Review Board prior to building permits being issued. 33. The applicant shall apply for a sign permit from the Zone Code Enforcement Officer. The comprehensive sign plan shall be submitted for review and approval by the Planning Department prior to issuance of a sign permit. The sign permit application shall be subject to the terms and regulations set forth in Section 18.65 of the City of 11-1 0-03 --------------------------- __ ____________n_________ --------- - 15 - Bozeman zone code, unless otherwise approved through the planned unit development. 34. The right to a conditional use permit for the planned unit development shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure. 35. All special conditions and code provisions shall constitute restrictions running with the land; shall be binding upon the owner of the land, his successors or assigns; shall be consented to in writing by the applicant prior to commencement of the use; and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the final planned unit development plan approval or commencement of the use. 36. All of the conditions and code provisions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, his successors or assigns. 37. Per Section 18.62.090, "Building Permits and Installation of Improvements", an Improvements Agreement must be signed by the applicant/owner prior to final plBnned unit development site plan approval of each phase. If occupancy of any building is to occur prior to completion of all required improvements, the Improvements Agreement must be financially guaranteed. The applicant shall enter into an Improvements Agreement with the City tog uarantee the installation 0 f required on-site improvements at the time of final site plan submittal. If occupancy of the structure is to occur prior to the installation of all required on-site improvements, the Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve (12) months; however, the applicant shall complete all on-site improvements within nine (9) months of occupancy to avoid default on the method of security. 38. A building permit must be obtained prior to the work, and must be obtained within one year of final site plan approval. Building permits will not be issued until the final site plan is approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of the final site plan, including excavation and footing preparation, but NO CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED. 39. Per Section 18.54.11 O.F "Greenway Corridor Landscape Standards", in addition to one large boulevard tree for every 50 feet of street frontage, the 50-foot greenway corridor (along Baxter Lane) shall be characterized by an informal vegetative planting of four evergreen and deciduous trees, two small ornamental trees and six deciduous and/or coniferous large shrubs, of which half will be flowering shrubs, for every one hundred feet of street frontage. 40. Additional landscaping shall be provided for within the front yard setback along Baxter Lane and Tschache Lane. Per Section 18.54.110.F "Greenway Corridor Landscape Standards", the development shall provide a minimum of ten large and small trees, two small ornamental trees, six large shrubs, six large flowering shrubs, twenty small shrubs and twenty small flowering shrubs for every 100 feet of street frontage. 41. Per Section 18.49.060.C.2.b-e "Parking Lot Screening Required", additional landscaped areas shall be provided between the linear rows of parking to meet the parking lot landscaping requirements and to prevent motorists from cutting through the parking lot. 42. A trash enclosure detail for the development shall be provided in the final site plan and the developmental guidelines. Section 18.50.035 "Trash Enclosures" requires 11-1 0-03 . - -..-..---.---..-..-.---..--...-..........-.-...-..--. - -.-..--------..-..--...-.-....... ---- - 16 - a permanent enclosure for temporary storage of garbage, refuse and other waste materials for every use, other than single-household dwellings, duplexes or individually owned townhouse or condominium units, in every zoning district, except where a property is entirely surrounded by screen walls or buildings. 43. The City of Bozeman shall be party to and approve any proposed modifications to the approved final site plan, covenants and developmental guidelines. Any major changes will require approval by the City Commission. Per Section 18.54.050.C "Final Plan Review and Approval", major changes to a planned unit development shall be approved by the City Commission and must follow the same planned unit development review and public hearing process required for the approval of preliminary plans. Major changes are defined as a change in the character of the development; an increase of greater than two percent in the improved gross leasable floor areas of retail, service, office and/or industrial buildings; a reduction in the approved open space; or a change in the location and placement of buildings. 44. Per Section 18.65 "Sign Code", the pole signs shall be set back a minimum of 15 feet from the property line and the monument sign shall be set back a minimum of 5 feet from the property line. 45. Per Section 18.65 "Sign Code", a lot in the B-2 district is permitted total signage not to exceed 400 square feet. Gince the planned unit development will be divided il"ito 5 lots, the total signage allowed is 2,000 square feet. The fillel site plen shall include an amended comprehensive sign plan that limits the total signage to 2,000 square feet for the entire planned unit development. 46. An easement shall be granted or the right of way dedicated with the amended plat for one half of the required 90~foot right of way for Baxter Lane along the entire frontage of this property. 47. A 30-foot easement shall be granted or the right of way dedicated with the amended plat for Tschache Lane along the entire frontage of this property. The motion carried by the following Aye and No vote; those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, and Mayor Kirchhoff; those voting No, none. Ordinance No. 1604 - establishina a new unified develoDment ordinance to reDlace the existina zonina and subdivision reaulations Included in the Commissioners' packets was a copy of Ordinance No. 1604, entitled: ORDINANCE NO. 1604 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REPEALING TITLE 16 OF THE BOZEMAN MUNICIPAL CODE, "SUBDIVISIONS," AND TITLE 18 OF THE BOZEMAN MUNICIPAL CODE, "ZONING," A ND ADOPTING BY REFERENCE A NEW TITLE 18, ENTITLED "UNIFIED DEVELOPMENT ORDINANCE," AND ADOPTING BY REFERENCE A NEW OFFICIAL ZONING MAP. Mayor Kirchhoff noted the Commissioners have received a proposed addition to the Unified Development Ordinance from Vicki Hasler, Code Enforcement Officer. She would like the wording "abandoned building" to be added to Section 18.38.040. Staff Attorney Cooper stated based on the timing of this request, it cannot be included in the ordinance at this time because this wording was not included in the public hearing process for review of this ordinance. It can, however, be one of the first items considered in the amendment process. Planning Director Epple noted this is an issue of code enforcement that Ms. Hasler is currently dealing with, and she is asking for the inclusion of this language to help make enforcement easier. There 11-1 0-03 --.-.--..---..-.--.--.-.----- -.-....---.--..-.-.--- ---...-....-...-.-.. -.. - 17 - is a building within the city that is abandoned and transients are living there from time to time. Abandoned buildings are dealt with in development codes, but not in the zone code. Staff Attorney Cooper added the inclusion of this wording through the amendment process will make dealing with a similar situation quicker in the future. Brian Close, 406 East Olive, stated he has been working with staff on lighting issues. Those lighting issues have been resolved in this Unified Development Ordinance, reducing lighting to between one third and one half of the national standard. If this new standard for lighting is viewed to be successful in a year, it would be beneficial to retrofit the older portions of town. He complimented Planning staff, saying they have done a great job and have put in an extraordinary effort to develop this ordinance. Commissioner Youngman noted these new lighting standards will protect the night sky. Commissioner Cetraro stated he will not support this ordinance because of the same reasons as in the past. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that Ordinance No. 1604, establishing a new unified development ordinance to replace the existing zoning and subdivision regulations, be provisionally adopted; and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Youngman, and Mayor Kirchhoff; those voting No being Commissioner Hietala and Commissioner Cetraro. Appointments to Beautification Advisory Board. Bozeman Area Bicycle Advisory Board. Cemetery Board. Local Water Quality District Board. PedestrianlTraffic Safetv Committee and Recreation and Parks Advisory Board Included in the Commissioners' packets was a memo from Clerk of the Commission Sullivan, dated November 6, forwarding the list of applicants for the various boards. Distributed just prior to the meeting was a memo dated November 10 forwarding an additional application received after the initial deadline. It was moved by Commissioner Youngman, seconded by Commissioner Brown, that Rebecca Adamson be appointed to replace Marianne Filloux, with a term to expire on June 30, 2006, that Jan Bergman be appointed to replace Myles Eaton, with a term to expire on June 30, 2004, and that Bonnie Martin be appointed to replace Virginia Heimann, with a term to expire on June 30, 2006, on the Beautification Advisory Board. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Brown, Commissioner Cetraro, Commissioner Hietala, and Mayor Kirchhoff; those voting No, none. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, to appoint Carol Shannon to replace Cheryl Kline on the Bozeman Area Bicycle Advisory Board, with a term to expire on December 31, 2004. T he motion carried by the following A ye and No vote: t hose v oting Aye being Commissioner Brown, Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala, and Mayor Kirchhoff. Those voting No, none. It was moved by Commissioner Hietala, seconded by Commissioner Brown, to appoint Todd Jensen to the Cemetery Board to replace Carson Taylor, with a term to expire on December 31,2004. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman, and Mayor Kirchhoff; those voting No, none. It was moved by Commissioner Brown, seconded by Commissioner Youngman, that William Hunt be appointed to the Local Water Quality District Board to replace Phillip Butterfield, with a term to expire September 30, 2005. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Youngman, Commissioner Hietala, Commissioner Cetraro, and Mayor Kirchhoff. Those voting No, none. It was moved by Commissioner Brown, seconded by Commissioner Youngman, to appoint Tracy Velazquez to the Pedestrian/Traffic Safety Committee to replace Shirley Sedivy, with a term to expire December 31, 2005. T he motion carried by the following A ye and No vote: t hose v oting Aye being 11-10-03 - ------------ --------- ......--....-- - 18 - Commissioner Brown, Commissioner Youngman, Commissioner Cetraro, and Mayor Kirchhoff. Those voting No being Commissioner Hietala. Public comment Pamela Pride, 603 South 15th Avenue, distributed copies of a letter dated November 10, 2003 in which she expressed concern about the travel expenses incurred by Commissioner Hietala and Commissioner Cetraro during their attendance at the National League of Cities Congress of Cities held in Salt Lake City in December, 2002. She then read this letter into the public record. Brian Close, 406 East Olive, stated that under the Commission/Manager form of government it is important that the City Manager and Commissioners not apply political pressure on staff. Discussion ~ FYI Items The following "For Your Information" items were forwarded to the Commission. (1 ) Note from Lathie Poole, dated October 23, encouraging the reversing of the one-way streets in downtown Bozeman. (2) Letter from Ed Visser expressing concern about the proposed changes to Main Street in the downtown area. (3) Letter from Kris Thomas, 719 South 6th Avenue, dated October 23, expressing support for the new Main Street proposal. (4) Letter from Jessie Nelson, 9 Trails End Road, dated October 17, expressing strong opposition to the proposed changes to Main Street. (5) Letter dated October 17 forwarding a collection of letters and petitions in opposition to the proposed changes to Main Street. (6) Letter from Lucille Pope, dated November 3, forwarding additional petitions from those concerned about current speed limits on Huffine Lane. (7) E-mail of resignation from the Bozeman Area Bicycle Advisory Board, dated November 3, as submitted by Cheryl Kline. (8) Memo from Administrative Services Director Miral Gamradt, dated October 30, informing the Commission of internal loans from the City's SID Revolving Loan Fund to individual SID funds to refund SID bonds, thus reducing interest rates on outstanding bonds. (9) Press release from Thomas Mosser, announcing the unveiling of a pedestrian-only plaza on West Main Street between Third Avenue and Fifth Avenue. (10) Memo from Roger Koopman, Chamber of Private Enterprise, dated Novemer 2, forwarding proposed guideline proposals for granting of monies from the large scale retail store mitigation fees. (11 ) Copy of a letter from Executive Assistant Helene Greninger to Kirsten Krack, dated November 7, announcing that stop signs are to be installed at the intersection of Lamme Street and North Tracy Avenue as soon as possible. (12) Memo from Solid Waste Superintendent Mark Kottwitz, dated October 30, reporting on the household hazardous waste and conditionally exempt small quantity generator collection events held on May 30 and 31. (13) E-mail message from County Planning announcing upcoming County Commission and County Planning Board meetings at which the bodies will receive public comment on the Gallatin County Growth Policy. 11-1 0-03 - 19 - (14) Notice to the Solid Waste Management District of a meeting scheduled for 7:00 a.m. on Wednesday, November 5. (15) Minutes from the Gallatin City-County Health Board meeting held on August 28, 2003. (16) Updated lists of planning projects to be considered at upcoming Commission meetings, dated November 4 and November 6, 2003. (17) Agenda for the County Commission meeting that was held on November 4 at the Courthouse. (18) Agenda for the School District NO.7 Board of Trustees meeting to be held at 7:00 p.m. today at the Willson School. (19) Agendas for the Development Review Committee meeting held on November 4 and the meeting to be held at 10:00 a.m. on Wednesday, November 12, at the Professional Building. (20) Agenda for the Zoning Commission meeting held on November 4 in the Commission Room. (21 ) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Wednesday, November 12, at the Professional Building. (22) During his FYI, Planning Director Epple offered the following: 1) There will be a meeting on Tuesday, November 18th, on the Bozeman Creek Neighborhood Plan, which advances the conservation alternative and development entitlements that will have to be honored. Also, plans need to be made for road connections. 2) The Community Mediation Center has been working with the Bozeman Deaconess Hospital Board and the Recreation and Parks Advisory Board in an effort to find a common ground. It is probably going to come before the Commission not entirely resolved. 3) The Planning Department has a new letterhead logo; the first change in 20 years. 4) The Planning Department will have a staff retreat on December 12th, primarily to discuss the Unified Development Ordinance to make sure staff is fully apprised of all the subtle changes and the procedural changes that will need to occur. 5) Planning staff continues to work on the Morgan appraisal, specifically working on parkland alternatives. (23) Director of Public Service Arkell submitted the following FYI item: 1) She wants to recognize Walt Williams, Bozeman Chronicle reporter, for traveling to Helena to report on the Montana Department of Transportation meeting regarding the speed limits on Huffine Lane, which were lowered. (24) Commissioner Youngman noted the following during her FYI: 1) She appreciates the results of the Montana Department of Transportation meeting and thanked Director of Public Service Arkell and Mayor Kirchhoff for their efforts. 2) She also wanted to thank City staff for promptly taking care of the recent water problem. 3) She attended the NorthWest Energy presentation last week. (25) Mayor Kirchhoff offered the following FYI item: 1) He reminded the Commissioners they have a proposal from Ed Visser suggesting ideas to ease the traffic bottlenecks downtown. Mayor Kirchhoff expressed concern about the incessant talk about Commissioners Cetraro and Hietala's travel expenses incurred during their trip to the National League of Cities Congress of Cities in Salt Lake City last December. He recognized the need to possibly refine the procedure for approval of Commissioner travel claims and asked how these Commissioners planned to help remove the cloud of doubt currently hanging over the Commission. Commissioners Hietala and Cetraro provided brief responses indicating their intent to provide additional information addressing this issue. Commissioner Youngman expressed her interest in seeing that information. . Adjournment - 8:30 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala, Commissioner Brown, and Mayor Kirchhoff; those voting No, none. 11-1 0-03 - -...-------- ------------ .--.-----...---.........-.- - 20- ATTEST: ~~~ IN L. ULLlVAN Clerk of the Commission PREPARED BY: ~L~&~~ Deputy Clerk of the Commission 11-1 0-03 ......_.._____.._.._u__._.. ._._...u.......__".____......__