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HomeMy WebLinkAbout2003-09-08 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN,MONTANA September 8, 2003 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, September 8,2003, at 3:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner Marcia Youngman, Commissioner Lee Hietala, Commissioner Jarvis Brown, Commissioner Andrew Cetraro, Acting City Manager Ron Brey, Director of Public Service Debbie Arkell, Planning Director Andy Epple (evening session only), Staff Attorney Patricia Day-Moore and Clerk of the Commission Robin Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Acting City Manager Ron Brey requested that Commission Resolution Nos. 3616, 3617 and 3618 and the memo regarding archival materials for the Milwaukee Depot be removed from the Consent Items for discussion. Minutes - January 18. 2000. and June 10. Julv 14. Auaust 11. Auaust 25 and September 2.2003 Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, and June 10, July 14, August 11, August 25 and September 2, 2003 to a later date. Consent Items Acting City Manager Brey presented to the Commission the following Consent Items. Authorize City Manaaer to sign. Letter of Aareement between the City of Bozeman and The Emerson Cultural Center for CTEP liahting proiect Application for temporary beer and wine license. Bozeman Lions Club - September 26.29. 2003 at the Gallatin County Fairgrounds Claims It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Presentation of award by Melynda Coble. Recreation Program Manaaer Recreation Program Manager Melynda Coble recognized the Noon Optimist Club for 51 years of sponsoring and assisting with Opti Fun Day. She noted that, while this was her first year with the program, Mr. Ernie Heeb assisted in the first fifty years of the program. Recreation Superintendent Sue Harkin thanked the Noon Optimists for offering the final special event of the recreation season, noting this is only one of many ways in which the Optimist Club helps youth in the community. She then presented a plaque to Dean Drenzek and Ernie Heeb. Mayor Kirchhoff thanked the representatives of the Noon Optimist Club for their many years of service to the community and its youth. 09-08-03 ----.---- - -.----.-----.-------- ..n_. ___. .._.___ -----------.".. .--.- - 2 - Commission Resolution No. 3616 - appropriation resolution for Fiscal Year 2003-2004 Included in the Commissioners' packets was a copy of Commission Resolution No. 3616, entitled: COMMISSION RESOLUTION NO. 3616 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROPRIATING FUNDS FOR VARIOUS BUDGET UNITS, AND FURTHER ESTIMATING REVENUE NECESSARY TO OPERATE AND MAINTAIN SERVICES OF MUNICIPAL GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 2004. Acting City Manager Brey stated he had requested this item be removed from the Consent Items at Commissioner Cetraro's request. Administrative Services Director Miral Gamradt reviewed his memo dated September 4, in which he itemized the differences between the City Manager's recommendations and the appropriation resolution. He noted that the adjustments are generally in response to the Commission's direction at the August 25 meeting. The exceptions include an appropriation of $815,000 for purchase of the Armory and an associated revenue in the same amount. He stated that, rather than creating a new account to accommodate this transaction, which is expected to be a wash for the City, he selected the Development Impact Fee fund under the Special Revenue Funds to accommodate the transactions. Responding to Mayor Kirchhoff, the Administrative Services Director indicated that the selection of a fund through which to budget for purchase of the Armory was done by City staff. He stressed that staff did not wish to account for this transaction through the General Fund because it would result in an artificial inflation that would create problems when doing future analyses of the fund. Mayor Kirchhoff acknowledged that if purchase and sale of the Armory occurs as anticipated, the result truly will be a wash. He questioned, however, how the transaction will be removed from the Development Impact Fee fund if the property is not sold as anticipated. Commissioner Brown stated that, while he supports buying the Armory to facilitate the development of a performing arts center in the downtown, he has questions about the exit strategy and whether the City is guaranteed that it will be purchased; and he has not received satisfactory answers to date. Also, he recognizes that not everything in the budget is spent, so he supports adoption of the appropriation resolution but cannot support the resolution to purchase the Armory at this time. Commissioner Hietala noted that he was not present at the August 25 meeting and is, therefore, not familiar with the revisions that resulted from that discussion. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that Commission Resolution No. 3616, the appropriation resolution for Fiscal Year 2003-2004, be adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. Commissioner Hietala abstained. Commission Resolution No. 3617 -levying and affixing the mill levies for Fiscal Year 2003-2004 Included in the Commissioners' packets was a copy of Commission Resolution 3617, entitled: COMMISSION RESOLUTION NO. 3617 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING AND AFFIXING THE NUMBER OF MILLS TO BE CHARGED AGAINST THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY SITUATED WITHIN THE CORPORATE JURISDICTIONAL BOUNDARIES OF THE CITY FOR FISCAL YEAR 2003- 2004. Acting City Manager Brey stated that he had requested this item be removed from the Consent Items because it is linked to the appropriation resolution. 09-08-03 ...-..---.-.- - 3 - It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that Commission Resolution No. 3617, the mill levy resolution for Fiscal Year 2003-2004, be adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro, Commissioner Youngman, Commissioner Brown and Mayor Kirchhoff; those voting No, none. Commissioner Hietala abstained. Commission Resolution No. 3618 . stating the City's intent to proceed with acauisition of the Bozeman Armorv Included in the Commissioners' packets was a copy of Commission Resolution 3618, entitled: COMMISSION RESOLUTION NO. 3618 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING ITS INTENTION TO PURCHASE THE BOZEMAN ARMORY. Acting City Manager Ron Brey reminded the Commission that he had requested this item be removed from the Consent Items at Commissioner Brown's request. Commissioner Brown noted his concerns were identified during the discussion on the appropriation resolution. Based on those unanswered concerns, he cannot support adoption ofthe resolution at this time. It was moved by Commissioner Youngman, seconded by Commissioner Brown, that Commission Resolution No. 3618, stating the City's intent to proceed with acquisition of the Bozeman Armory, be adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Cetraro and Mayor Kirchhoff; those voting No being Commissioner Brown. Commissioner Hietala abstained. Accept recommendation in memo from Plannina staff dated Auaust 29. 2003. to allow archival materials relatina to the Milwaukee Depot to be deposited with the Montana State University Special Collections rather than the State Historic Preservation Office. as reauired by Condition No. 5 for approyal of the demolition permit Acting City Manager Ron Brey stated this item was removed from the Consent Items at the request of a member of the public. Ms. Holly Brown, member of the Library Board of Trustees, expressed concern that this memo was prepared by the Planning staff without any discussion with the applicant and questioned why the proposal is to deposit the archival materials with the MSU Special Collections rather than in the Montana Room at the Bozeman Public Library. Acting City Manager Brey noted it appears there is no urgency on this matter and suggested that action be tabled. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that action on this item be tabled indefinitely. 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. Update from library Board of Trustees Included in the Commissioners' packets was a memo from Library Director Alice Meister, attached to which were copies of newspaper articles from 1979, when bonds for the current library building were approved and a site was being selected. Also included in the packet was a draft of the minutes from the August 25 update from the Library Board of Trustees. 09-08-03 -------- - 4 - Ms. Holly Brown, member of the Library Board of Trustees, stated that the Board met on Friday, at which time they discussed the CALA process. She noted that the Department of Environmental Quality (DEQ) has met with the owners of Story Distributing Company and Empire Building Materials Company, and they are exploring the options, costs and long-term issues of clean-up. She noted that neither party has made a decision about participation in the current clean-up plan or the CALA process, but both are talking about the possibility as well as the option of simply paving over the contamination and using the site for storage. Ms. Brown stated that, while there is not any more clarity in the CALA process than there was two weeks ago, the Library Board does not see a down side to continuing to pursue the option and, as a result, recommends that the Commission proceed. She noted that the Department of Environmental Quality plans to send the CALA letters in November, and the City can withdraw its petition at any time until those letters are sent. Responding to Commissioner Brown, Ms. Brown stated that, if the DEQ approves capping and the process is done according to specifications, it would be viewed an appropriate solution and would eliminate liability. She noted that, if the capped sites are disturbed later, then a complete clean-up may be required. Ms. Brown turned her attention to the remediation process, noting that it is approximately 60 percent complete and it is anticipated the contractor has three to four weeks left. She noted that monitoring at the landfill has been reduced from full-time due to the smooth operation. She then indicated that she had anticipated discussion on sale of the current library building to be the agenda and asked that it be placed on a future agenda. She also reiterated the Board's request that Superintendent of Facilities and Lands James Goehrung be designated as the project manager, noting that they are using him in that capacity as much as possible. Mayor Kirchhoff thanked Ms. Brown for the update and asked that another update be placed on the September 22 agenda. Presentation from Friends of Gallatin Forest Ms. Alex Phillips, Field Organizer of the Southwest Field Office for the Montana Wilderness Association, stated she also represent the Friends of Gallatin Forest. She asked that the Commission sign a resolution of support for a responsible conservative approach to travel planning in the forest, noting that plan is currently being rewritten. That plan will determine which trails and areas are motorized and which are motor free. She stated there are three types of land in the national forest, one is like the Lee Metcalf Wilderness area, which is protected for future generations; one is like the Crazy Mountains, with wilderness qualities but no protections; and the last is like the Gallatin Canyon, Squaw Creek and Bear Canyon, those places that once had wilderness quality but have been degraded. She stated that the local economy and drinking water quality are dependent upon maintaining wilderness quality lands close to the community and cautioned that, with the loss of wilderness quality come the loss of wildlife habitat and turbidity. She indicated there is also a fourth special area, which has been designated as a wilderness study area, in the Hyalite/Porcupine/Buffalo Horn area adjacent to the City's watershed. She cautioned that, even with that designation, motorized use is being allowed and the study area is being degraded. Ms. Phillips reviewed the headlines from newspapers around the region, citing the degradation resulting from motorized travel on sensitive lands. She also noted that motorized routes are a catalyst for increased spread of noxious weeds; and those weeds deplete the plant community. She then turned her attention to economics, noting that people who can choose to live anywhere choose this region for its wild and scenic lands. She noted that western Montana counties with a high percentage of land in wilderness do better in employment and real income than those that don't, reflective of the fact that protection of the quality of life is a magnet. Ms. Alex Phillips stated the travel plan was last updated in 1987, and it is anticipated the new plan will be in force for at least fifteen years, so it is important to take steps to protect the wilderness quality in adoption of the plan. Mr. Ken Baldwin stated he and his wife worked together with others to form the Montana Wilderness Association after moving to Bozeman in 1945. He noted that Bozeman has grown significantly in the last 58 years, and it is important to protect existing wilderness lands from the increased demands. He noted 09-08-03 __m____ - 5 - that the first wilderness walk was created 58 years ago, and there are now many wilderness walks for those interested in taking them. He noted that the mountains are close to Bozeman, and it is possible to reach wilderness just 100 yards from a trail head. He concluded by asking the Commission to pass the resolution as requested by the Friends of Gallatin Forest and protect the pristine areas that have become important to the community. Ms. Kendra Keene stated she is a telecommuter with an office in Denver and has chosen to live here because of its beauty. She reviewed the City's vision statement and suggested that, if the Commission truly believes it, it must support the resolution drafted by the Friends of Gallatin Forest. Ms. Alex Phillips showed the Commission a job growth chart comparing the Greater Yellowstone ecosystem to other parts of Montana, Idaho and the United States, showing that the growth in this area is greater than the others. Ms. Phillips identified other entities that have adopted resolutions of support, including the National Association of Counties; Blaine County, Idaho; and the City of Lewistown, Montana. Also, the Great Falls City Commission adopted a proclamation and Lewis and Clark County has written a letter. Responding to Commissioner Hietala, Ms. Phillips stated there are six alternatives proposed by the Gallatin National Forest. She noted they are not asking for support of any alternative, but are currently seeking comments so they can tweak the alternatives as drafted. She noted that at the present time, Alternate No.6 is the closest to meeting conservation issues, the spread of weeds, water quality and wildlife issues. No matter which alternative is chosen, however, the overlying objective should be to meet the mandate to preserve and protect the wilderness quality of the area. Responding to Mayor Kirchhoff, Ms. Phillips stated if the Commission adopts a resolution, she plans to send it to the Forest Service. She also noted that it would be used in presentations to other groups, to show the City supports a conservation-minded travel management plan. Mayor Kirchhoff stressed the importance of ensuring that any resolution adopted by the Commission is separate from any of the six alternatives, since the Commission does not have the opportunity to debate those alternatives. Ms. Phillips stated the resolution is written broadly to cover the current comment period, noting the entire process is anticipated to take at least a year. Responding to questions from the Commission, Ms. Phillips stated that not all new trails degrade wilderness quality, particularly those that accommodate foot travel and horses. Responding to Commissioner Brown, Ms. Phillips indicated the proposed resolution was written by board members and does not cover lands that are already completely degraded. Mayor Kirchhoff stated that he is generally favorable to adopting a resolution but has concerns about how it would be used. He suggested that a cover letter could help to guide how it would be used, noting he does not want it to be a tool of advocacy. Responding to Commissioner Cetraro, Acting City Manager Brey stated this agenda item was to receive the presentation only. He noted that staff has not previously seen the proposed resolution and indicated that, if three Commissioners want to consider adoption of a resolution, legal staff will review it and place the resolution on the agenda prior to the October 3 deadline. Three of the Commissioners indicated an interest in doing so. Break ~ 4:10 to 4:15 Mayor Kirchhoff declared a break from 4:10p.m. to 4:15 p.m., to rearrange chairs in preparation for the work session. 09-08-03 -.-.-- nn_.. _____ _.__... ..n__....._._ _._ ..__n_...._ --.---.- - 6- Work session with Tree Advisory Board In addition to the Commissioners, the following were present for the work session. Tree Advisory Board members - Anne Foster, Steve Gullickson, Frank Munshower and Chris Nixon. Shelly Engler was absent. City staff - Superintendent of Facilities and Lands James Goehrung Chair Steve Gullickson noted he has been on the board since its inception in 1993, as well as Anne Foster and Shelly Engler. Frank Munshower noted he has been a member for four years and Chris Nixon stated he is in his third year. Ms. Foster noted that a Commissioner used to attend meetings but has not done so recently; Commissioner Youngman responded she would attend the meetings if she were notified in advance. Mr. Gullickson noted that if the Board has no reason to meet, it does not always hold its quarterly meetings. He stated the Board has finished its initial work and now meets to hear complaints, and asked if there is anything else the Commission wants the Board to consider. Mr. Munshower stated that on big construction projects, like Home Depot, where plantings are required, there should be some mechanism to ensure the species proposed will grow in this area. He questioned why the Tree Advisory Board is not included in the chain of notifications and given an opportunity to provide input on the types of vegetation proposed. Responding to Commissioner Youngman, Mr. Munshower suggested that staff people don't necessarily know what types of trees and shrubs will grow in this area. Mr. Chris Nixon stated that his background is in botany, and he feels the Board has done a good job to date. He noted, however, that it needs some projects or activities to give it momentum, and suggested that it become involved in the bigger development projects that include substantial landscaping. He noted that requiring applicants to replace inappropriate plants because they did not survive is very expensive, and the Board could possibly help reduce those costs and assist in determining whether substitute plants are appropriate. He concluded by noting that some development items are falling through the cracks and asked if the Board has a role in addressing that issue. Commissioner Youngman suggested the Board should work with the Forestry Division and possibly the Code Enforcement Officer and point out things when they are spotted. Mr. Nixon noted that a board of five is small and doesn't provide adequate collective energy. He also observed they have planted only one tree in three years. Mr. Steve Gullickson noted that with the number of activities by various groups around Arbor Day, the Board has felt it would not be appropriate to add more because none of them would receive any attention. Mayor Kirchhoff noted that, with the incredible amount of turnover on the Planning staff and the Design Review Board, a tutorial from the Tree Advisory Board could be beneficial. He suggested that, if the Board is at a "mid-life crisis," now may be the time for the Board to identify an alternative direction and forward that recommendation to the Commission for consideration. Responding to questions from the Commission, Superintendent of Facilities and Lands James Goehrung stated there are 75 trees in the cost share program each year, and applications for those trees are filled on a first come, first served basis. He indicated that staff works with the property owners to determine the best location and the best type of tree to be planted. He then noted that boulevard trees are now being required for new subdivisions; and some developers are planting trees as part of the infrastructure for their developments. Mr. Chris Nixon noted that trees for some new developments are being planted at inappropriate times, thus reducing their potential to survive, and encouraged the City to promote financial guarantees in those instances. 09-08-03 n_. ._.__. ...--- .-....-- - 7 - Superintendent Goehrung noted that the major portion of the original work for this Board has been completed and stated he sees an opportunity and need now for advocacy for the program and public education, possibly through articles at certain times of the year and information sheets where trees are sold. Mayor Kirchhoff stated he feels it is premature to dissolve the Board, but encouraged the members to identify a different direction. He then cautioned that, if the Board wishes to insert itself into the review process, it must remember the Commission's desire to streamline the process as much as possible. Mayor Kirchhoff concluded the discussion by thanking the Tree Advisory Board members for participating in this work session. Recess. 5:00 p.m. Mayor Kirchhoff declared a recess at 5:00 p.m., to reconvene at 7:00 p.m. for the purpose of completing the routine business items and conducting the scheduled public hearings. Reconvene. 7:00 p.m. Mayor Kirchhoff reconvened the meeting at 7:00 p.m. Selection of voting deleaate and alternate votina deleaate to Nationalleaaue of Cities Conaress of Cities. Nashville. Tennessee - December 13. 2003 Included in the Commissioners' packets was a copy of the memo from the National League of Cities forwarding the credentials form for a voting delegate and alternate voting delegate to the annual business meeting being held in Nashville, Tennessee on Saturday, December 13, 2003, in conjunction with the Congress of Cities. Clerk of the Commission Sullivan asked for Commission direction on completing the voting credentials form. None of the Commissioners expressed any interest in attending the National League of Cities Congress of Cities in Nashville, Tennessee. Possible reconsideration of adoption of affordable housina strategies: new adoption of affordable housina strategies It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Commission reconsider its action on affordable housing strategies taken at the August 25 meeting. 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. Commissioner Youngman stated that this morning, she met with Planning Director Epple, Associate Planner Chris Saunders, Caren RObertyand Mark Evans to review staff clarifications to the language of the housing strategies and to identify which ones can be included in the unified development ordinance. Planning Director Epple stated that, as staff began looking at incorporating some of the strategies into the unified development ordinance, some conflicts began to emerge. He cautioned that the restricted size lots directly conflict with the ordinance and suggested that the lot sizes less than allowed by the ordinance be deleted. He noted that staff also proposed requiring at least 10 percent of the area of newly- annexed subdivisions be at the 5,000-square-foot minimum lot size. He stressed that the items identified by staff do not reflect any big shifts in policy, but allow for affordable housing strategies to be incorporated into the unified development ordinance with a minimal amount of disruption. He indicated that, based on the Commission's direction at this meeting, staff will come back with a resolution adopting the affordable housing strategies. 09-08-03 - .-..--..- -.-- ... .--.- "------- . .. _, - 'u_.___.__ - 8 - Responding to Commissioner Hietala, Commissioner Youngman stated that under this new proposal, 10 percent of the net buildable area would be required to be in lots 5,000 square feet in size. She noted that if a developer is doing an affordable housing project, those lots could be pulled together, thus allowing for an apartment complex rather than single-family units. She concluded by stressing that the Commission is only considering the strategies that were forwarded at the August 25 meeting, and not the possible adjustments that have just been identified. Commissioner Youngman then noted that the group discussed Mr. Chic Hoenig's letter included in today's "FYI Items" suggesting that all homes selling for $160,000 or less be required to receive FHA or VA certification. She noted the City has no way to ensure that certification since it does not deal with the purchase price, but suggested the requirement could be attached to the smaller lots required for a subdivision. Planning Director Epple noted it would be more appropriate to require the restricted size lots at subdivision rather than at annexation. Mr. Jeff Rupp, Executive Director of the Human Resource Development Council, encouraged the Commission to consider the work of the Community Affordable Housing Advisory Board over the past eighteen months and adopt the housing strategies they have recommended. Mr. Jeff Krauss, 508 Park Place, encouraged the Commission to unanimously adopt the strategies recommended by the Board. Commissioner Hietala stated he prefers incentive-based, market-driven strategies rather than more regulations. Respondihg to questions from Commissioner Hietala, Commissioner Youngman stated that a five- year sunset provision has been included but, rather than dissolving the program, it provides for mandatory review. Commissioner Cetraro indicated his concurrence with Commissioner Hietala's comments. He acknowledged that the plan before the Commission is much better than the plan proposed by the consultant, but he feels a market-driven program would be better. Responding to proposed compromises from Commissioner Cetraro, Commissioner Youngman stated she is not willing to revise the document that has received support from the Chamber of Commerce, Community Affordable Housing Advisory Board, Southwest Montana Building Industry Association, bankers, realtors and non-profit organizations. She noted those groups recognize this is a compromise and represents consensus, not their own personal feelings. Mayor Kirchhoff characterized this plan as "market driven plus" and stressed it is important to recognize this document represents the work and consensus of a fairly diverse group of citizens. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Commission adopt the affordable housing strategies as recommended by the Community Affordable Housing Advisory Board in their document dated August 11 and amended as a result of the work session held on August 18. 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. The Commissioners directed staff to bring back a resolution enacting these strategies. Public hearina - Maior Site Plan to allow construction of 21 residential condominium units on Tract A-1. Van Horn Subdivision. with variance from Section 18.20.050. Bozeman MuniciDal Code. to allow units to encroach into 20-foot front yard setback alona Fowler Avenue - Lowell SDrinaer for Paradiam DeveloDment (Fowler Meadows Condominiums. near southeast corner of intersection of Fowler Avenue and West Babcock Street) (Z-03182) This was the time and place set for the public hearing on the Major Site Plan requested by Lowell Springer for Paradigm Development under Application No. 2-03182, to allow construction of 21 residential 09-08-03 -.. --------. .....-..--- .- .--.---.---.-.--.-.-..-. - 9 - condominium units on Tract A-1, Van Horn Subdivision, with a variance from Section 18.20.050 of the Bozeman Municipal Code to allow units to encroach into the 20-foot front yard setback along Fowler Avenue. The subject property is located near the southeast corner of the intersection of Fowler Avenue and West Babcock Street and is described as 15 South Fowler Avenue. Mayor Kirchhoff opened the public hearing. Senior Planner Dave Skelton presented the staff report. He stated the applicant proposes to construct two five-plex units, two four-plex units, and one three-plex unit, for a total of 21 condominium units on 2.08 acres along the east side of Fowler Avenue. He indicated that access is to be provided to both West Babcock Street and Fowler Avenue via private streets. The Senior Planner stated the applicant is seeking a variance to allow the westernmost tip of one of the five-unit buildings to encroach approximately three to four feet into the front yard setback along Fowler Avenue. He noted that this variance is to allow for an enhanced social area in the heart of the development, with additional landscape features and pavers. He indicated that, with the location of the bike racks and the clustered mailboxes, this area will serve as a common area for residents and guests. Senior Planner Skelton stated that staff has reviewed this application in light of the applicable criteria for both major site plans and variances, 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 both applications, contingent upon several conditions. Mr. Lowell Springer, architect representing the applicant, stated his concurrence with the recommended conditions. He characterized the requested encroachment as not very significant, but allowing for an enhanced project. He noted this project has been through two informal reviews; and the result has been a totally changed project on an unusual site, and he feels it will be a positive addition to the area. Mr. Kelly Taylor, representing Paradigm Development, thanked Planning staff for their patience as he has learned the development process. He stated the unusual site was difficult to work with, but he feels the result is a good infill project. No one was present to speak in opposition to the proposed development. Mayor Kirchhoff thanked Mr. Springer for the progression in the design of the buildings along the west side of North 19th Avenue and asked if some additional detail could be incorporated into this project, possibly through the use of horizontal banding, a combination of materials or a diversity of palette. Mr. Springer responded that, as long as changes are within budget, he feels they can be considered. He then characterized Mr. Taylor as an unusual individual, noting he went to architecture school, and is a master electrician, master plumber, pharmacist and talented designer. Mr. Taylor stated there will be no vinyl on these buildings, but they will be sided with hardboard and have simulated cedar gables. He indicated the design will be similar to that seen in Harvest Creek Subdivision and noted that detail, such as knee braces on the gables, will be incorporated. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the variance from Section 18.20.050 of the Bozeman Municipal Code, to allow units to encroach up to four feet into the 20-foot front yard setback along Fowler Avenue, be approved subject to the following condition: 1. Based on the request for a variance to encroach into the front yard setback, that the applicant enhance the open space area situated between the two five-unit household residential structures with additional landscape features, landscape furniture, and pavers, and that the site plan be revised accordingly, for review and approval prior to final site plan approval. 09-08-03 ___._.__n_____ .. --.-...--- .-..-.---.--.---- ----.. -------.---- -.---..-...-- - 10- 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. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the Major Site Plan requested by Lowell Springer for Paradigm Development under Application No. Z-03182, to allow construction of 21 residential condominium units on Tract A-1 , Van Horn Subdivision, be approved subject to the following conditions: 1. The final site plan shall be adequately dimensioned. 2. A Stormwater Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease, and other pollutants must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations), stormwater detention/retention basin details (including basin sizing and discharge calculations, and discharge structure details), stormwater discharge destination, and a stormwater maintenance plan. A stormwater easement must be established on the adjacent property and filed with the County Clerk and Recorder's Office for the retention pond and discharge course if located off the subject property. 3. Plans and specifications for any water, sewer and/or storm sewer main extensions, and public or private streets (including curb, gutter and sidewalks) prepared by a Professional Engineer (PE) shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Specific comments regarding the existing and proposed infrastructure shall be provided at that time. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre-construction conference has been conducted. No building permits will be issued prior to City acceptance of the infrastructure improvements. 4. Plans and Specifications for any fire service line must be prepared in accordance with the City's Fire Service Line Policy by a Professional Engineer (PE), and be provided to and approved by the City Engineer prior to initiation of construction of the fire service or fire protection system. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. 5. Easements for the water and sewer main extensions shall be a minimum of 30 feet in width, with the utility located in the center of the easement. In no case shall the utility be less than 10 feet from edge of easement. 6. 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. 7. The location of existing water and sewer mains shall be properly depicted, as well as nearby fire hydrants. Proposed main extensions shall be labeled "proposed". 8. The drive approach shall be constructed in accordance with the City's standard approach (Le., concrete apron, sidewalk section and drop curb) and shown as such on the final site plan. A City Curb Cut and Sidewalk Permit shall be obtained prior to final site plan approval. 9. 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 09-08-03 . .--..----- .-. .-. ---.--..- ....---- -----.......-..-.--.. ---.---..-- - 11 - shall be provided around the entire new parking lot perimeter and adequately identified on the final site plan. 10. The Montana Fish, Wildlife & Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (i.e., 310,404, turbidity exemption, etc.) shall be obtained prior to final site plan approval. 11. Ditch alteration: a. The Montana Fish, Wildlife and Parks shall be contacted by the applicant regarding any proposed ditch/stream relocation and any required permits (i.e., 310, 404, turbidity exemption, etc.) shall be obtained prior to final site plan approval. b. The applicant shall obtain written permission from the ditch owner for the proposed ditch crossing. 12. All existing utility and other easements must be shown on the final site plan. 13. 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). 14. Drive approach and public street intersection sight triangles shall be free of plantings which, at mature growth, will obscure vision within the sight triangle. 15. If construction activities related to the project result in the disturbance of more that 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 Stormwater 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. 16. A public street and utility easement for a total of 50 feet from the mid-section line will be required for Fowler Avenue. 17. A public street and utility easement for a total of 45 feet from the section line will be required for West Babcock Street. 18. The utilities must be moved to be equally spaced within the width of the easements. 19. The property owner shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of SIDs for the following: a) Street improvements to West Babcock Street and Fowler Avenue including paving, curb/gutter, sidewalk, and storm drainage (unless currently filed with the property). b) Signalization of Fowler Avenue and Huffine Lane. c) Boulevard trail along Fowler 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. 09-08-03 -". -.--..-.----.--.--.--.- ---.-...-- ----.- -.-.--.--- - 12 - 20. The final site plan must accurately depict the existing conditions on and adjacent to the site. Much of the existing infrastructure is incorrectly shown on the preliminary plan. 21. That the applicant execute at the Clerk and Recorder's Office a "Perpetual Off-Street Parking and Access Easement" for parking spaces located on Tract B-1 prior to final site plan approval. 22. That the Landscape Plan be modified to showed a more appropriate boulevard tree along the private drive, that all existing mature trees and vegetation along Fowler Avenue remain in place and not disturbed by construction activity, that the Landscape Legend show the quantity of each plant species to be installed, that tree permits issued by the City Forester be obtained prior to installation, and that the plan be certified by a qualified landscape individual prior to final site plan approval. The applicant must confirm with the Planning Office how the application conforms with the mandatory landscaping provisions outlined in Section 18.49.060 prior to receiving final site plan approval. 23. That adequate landscape screening of the off-street parking area along the south boundary be provided and noted accordingly on the site plan, for review and approval prior to final site plan approval. 24. That the site plan identify the installation of all underground utilities and infrastructure to avoid conflict with all boulevard trees, for review and approval prior to final site plan approval. 25. The site plan shall provide an adequate driveway length of twenty (20) feet for all individual dwelling unit driveways and noted accordingly on the site plan prior to final site plan approval. 26. Two (2) off-street disabled accessible parking spaces, and applicable signage, per UBC/IBO shall be provide by the applicant and noted accordingly on the site plan for review and approval. 27. Based on the request for a variance to encroach into the front yard setback, that the applicant enhance the open space area situated between the two five-unit household residential structures with additional landscape features, landscape furniture, and pavers, and that the site plan be revised accordingly, for review and approval prior to final site plan approval. 28. That the site plan adequately dimension all two-way drive aisles, off-street parking back-up maneuverability, off-street parking spaces, disabled accessible parking spaces, sidewalks, and landscape islands to confirm compliance with the zone code, for review and approval prior to final site plan approval. The yard setback for the four-plex structures situated along the north property line will need to maintain minimum twenty (20) foot wide yard setback. 29. The applicant shall provide written approval from local waste services for the collection and removal of solid waste prior to final site plan approval. 30. The applicant shall provide a common signage plan and legend, if applicable, for all signs proposed on said property depicting location, general style, size, area, materials, color, and method(s) of illumination, for review and approval by the Planning Office prior to final site plan approval. 31. That the applicant specify the exterior light fixtures, both free-standina and wall- mounted, to be used for exterior illumination of the project that also includes a typical manufacturer's "cut-sheet" detail of the fixture depicting the type of illumination bulb and illumination output be used, for review and approval prior to final site plan approval. All exterior light fixtures shall be so arranged to direct light downward and/or away from any adjoining properties, shall not detract from driver 09-08-03 ...... n__.._..__n___ .---.--... - 13 - visibility on adjacent streets, and shall not exceed a maximum height of twenty (20) feet from grade. The site plan shall show the proper relocation of said street boulevard light standard along the private drive for review and approval by the Planning Office. 32. All stormwater runoff facilities, retention/detention ponds and drainage swales located in the required yard setbacks shall not exceed a maximum slope of 1-in-4 (Le., 25% slope), and a depth of 1 ~ feet, that they be designed as a landscape feature in a non-geometric form, that a cross-section profile of the drainage swale and typical method of landscaping be submitted, all for review and approval by the Planning Office prior to final site plan approval. 33. That all roof-top and/or ground-mounted mechanical equipment shall be noted accordingly on the site plan and exterior elevations, and shall be properly screened from adjoining properties and public streets, and that typical details of all screening devices shall be noted accordingly on the site plan, for review and approval prior to final site plan approval. The exterior elevations shall delineate the placement and height of all rooftop mechanical equipment in relationship to the top of the parapet wall and/or screening device and the site plan shall locate all utility equipment, including ground-mounted mechanical power, Northwest Energy utility transformers and power boxes, and telephone boxes, as well as a typical detail(s) illustrating the materials, color, and method of screening used to screen the equipment from adjacent properties and public streets, for review and approval by the Planning Office prior to final site plan approval. 34. That the applicant provides written approval from the USPS for placement and location of all mailboxes and/or mailbox clusters for said condominium developer prior to final site plan approval. 35. That the applicant submit to the Planning Office for review and approval homeowners' association documents for the creation of said association and for the maintenance and upkeep of all common areas and improvements, and that said association documents be submitted to the Planning Office a minimum of ten (10) working days prior to submitting for final site plan approval. 36. That seven (7) copies of the final site plan containing all of the conditions, corrections and modifications approved by the City Commission shall be submitted for review and approval by the Planning Director within six months of the date of City Commission approval. A copy of the approved final site plan shall be forwarded to the Building, Street/Sanitation, Water/Sewer, Engineering, and Fire Departments by the Planning Office; and one copy shall be retained in the Planning Office file. 37. That the applicants shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements at the time of final site plan submittal. Detailed cost estimates, construction plans and methods of security shall be made a part of that Agreement. 38. If occupancy of any 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, all on-site improvements shall be completed by the applicant within nine (9) months of occupancy to avoid default on the method of security. 39. That 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. 09-08-03 ..-- .. -..---........ --.-..-- ...--- __.n... - 14 - 40. That the applicant, upon submitting the final site plan for approval by the Planning Director and prior to issuance of a building permit, will also submit a written narrative outlining how each of the above conditions of approval have been satisfied. 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. Break ~ 8:00 to 8:10 D.m. Mayor Kirchhoff declared a break from 8:00 p.m. to 8:10p.m., in accordance with Commission policy. Continued Dublic hearina ~ adoDtion of a unified develoDment ordinance to reDlace existina subdivision reaulations and zone code. includina the followina sDecific comDonents: (A) uDdate to the desian auidelines for the North 19th Avenue Entrvway Corridor Dortion of the Desian Obiectives Plan: (B) Zone MaD Amendment from "R~3A" to "B~3" on Lot 18 and the northern 10 feet of Lot 17. Dawes Subdivision (212 South Black Avenue): (C) Zone MaD Amendment from "R~2" to "B~2" on Tract 3.COS No. 2047 (east of Highland Boulevard and south of Ellis Street): (D) Zone MaD Amendment from "R~3" to "PU" on Tract 3a. COS No. 2202A (aenerally bounded bY West Oak Street extended. Ferauson Avenue. Baxter Lane and Davis Lane extended): (E) Zone MaD Amendment from "M~1" and "R~3a" to "HMU" on Blocks 1 00. 101. 1 05~1 09 and 116~119. Northern Pacific Addition. and a Dortion of Block 6. Babcock and Davis Addition (aenerallY bounded by East Peach Street. North Rouse Avenue. JuniDer Street and the railroad tracks): (F) Zone MaD Amendment from "PLI" to "R~3a" on Lots 11 and 12. Block 29. Imes Addition (801 North Rouse Avenue): (G) Zone MaD Amendment from "R~2". "R~3". "B~1". and "PU" to "R~S" on Tracts A. B. 1 ~8. 9a. 1 Oat and 14~22. COS No. 35 (Storv Hills Annexation): (H) Zone MaD Amendment from "BP" to "RO" on Dortion of Tract 1. COS No. 2047 (west of Old Hiahland Boulevard. east of Burke Park) (Z~02131) This was the time and place set for the continued public hearing on the adoption of a unified development ordinance to replace the existing subdivision regulations, zone map and zone code under Application No. Z-02131 , including the following specific components: (A) update to the design guidelines for the North 19th Avenue Entryway Corridor portion of the Design Objectives Plan; (B) Zone Map Amendment from "R-3A" to "B-3" on Lot 18 and the northern 10 feet of Lot 17, Dawes Subdivision (212 South Black Avenue); (C) Zone Map Amendment from "RS" and "R-2" to "B-2" on Tract 3,COS No. 2047 (east of Highland Boulevard and south of Ellis Street); (D) Zone Map Amendment from "R-3" to "PU" on Tract 3a, COS No. 2202A (generally bounded by West Oak Street extended, Ferguson Avenue, Baxter Lane and Davis Lane extended); (E) Zone Map Amendment from "M~1" and "R-3A" to "HMU" on Blocks 1 00, 101, 1 05~1 09 and 116-119, Northern Pacific Addition, and a portion of Block 6, Babcock and Davis Addition (generally bounded by East Peach Street, North Rouse Avenue, Juniper Street and the railroad tracks); (F) Zone Map Amendment from "PLI" to "R~3A" on Lots 11 and 12, Block 29, Imes Addition (801 North Rouse Avenue); (G) Zone Map Amendment from "R~2", "R-3", "B-1", and "PU" to "R-S" on Tracts A, B, 1-8, 9a, 10a, and 14-22, COS No. 35 (Story Hills Annexation); (H) Zone Map Amendment from "BP" to "RO" on portion of Tract 1, COS No. 2047 (west of Old Highland Boulevard, east of Burke Park). Mayor Kirchhoff reopened the continued public hearing. Included in the Commissioners' packets were brief written comments from Jeff Ball, 323 South Wallace Avenue, and John Maykuth, 905 South Church Avenue, voicing concern about protection of the viewshed and tying setbacks to building heights. Also included in the packets was a memo from Associate Planners Chris Saunders and Jody Sanford providing responses to issues raised during the public hearing on Tuesday evening and transmitting additional written comment. Distributed just prior to the meeting was a letter from County Commissioners John Vincent and Bill Murdock, dated September 8, encouraging the Commission to proceed with rezoning of the 100-acre regional park to PLI. Associate Planner Chris Saunders noted that staff has listed eight areas of concern based on last week's public hearing, including the timeline, wetlands, lighting, ridgelines, affordable housing, zoning of the regional park, identifying changes between the existing and draft documents, and expected benefits. 09-08-03 . -...- . ---.- --. - 15 - He noted that staff has provided responses to the first two items in the memo and will be working on the others during the upcoming week. He then asked if any concerns need to be added to the list. In light of no Commissioner responses, Mayor Kirchhoff indicated it appears the list is complete. Mr. Lowell Springer, architect, encouraged the Commission to streamline the process whenever possible. He characterized the development process in Bozeman as one of the most tedious and involved processes in the northwest and possibly in the entire United States. He acknowledged the Commission's desire to be involved, but cautioned that unless the Commission is willing to schedule more hearings each night, it slows the process down. He indicated with the Planning staff currently in place and their willingness to work with designers and developers, he feels the process could be further streamlined without compromising the results. Ms. Mary Vant Hull, 416 East Story Street, stressed the importance of tying the height of buildings to ridgeline protection, characterizing the current policy as worthless. She then turned her attention to other issues, asking if there is some way to ensure casinos don't outline their buildings in neon, resulting in the look of Reno or Las Vegas. She questioned the wisdom of approving a zone change from "R-3" to "R-Q" on the hospital property, particularly with their hesitance to cooperate on Condition No. 21 to ensure Burke Park will not be impacted by further development of the entire property. She concluded by suggesting the document be strengthened to encourage those with sizable parcels of land to make a parkland dedication for the entire parcel in conjunction with the first phase even if it is to be developed in many phases. Mr. Bill Costigan stated he owns the property immediately south of Ferraro's on North 7th Avenue. He has two large evergreen trees on which he would like to train uplights. He demonstrated the green light fixture that takes 100 watts of power to operate, noting that the lights do not result in much light pollution but do give a nice effect on the mature trees. He asked that this type of lighting be allowed under the new unified development ordinance. Mr. Steve Garcia, 214 South Black Avenue, noted that his property is divided by "R-3a" and "B-3" zoning and expressed his support for zoning the entire property "B-3". Responding to Mayor Kirchhoff, Associate Planner Saunders encouraged the Commission to consider the unified development ordinance as an entire document and not one in which certain pieces can be included or excluded. Acting City Manager Brey noted that the reduction in minimum lot sizes will result in some complications in assessment of the street and tree maintenance districts, and staff will be working on needed revisions through the upcoming year. Responding to Mayor Kirchhoff, Planning Director Epple stated that, based upon Commission direction after close of the public hearing, staff will bring back a new published document and ordinance for adoption. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the public hearing be continued to September 22, to give staff an opportunity to provide responses to the issues raised. The motion carried by Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Public comment No one submitted any comment under this agenda item. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1 ) E-mail resignation from the Historic Preservation Advisory Board as submitted by Todd Wilkinson. 09-08-03 .--.---..--- ....----.--- u_n__ _____.____ ---..... - 16 - (2) Letter from Chic Hoenig, Intermountain Mortgage Company, noting that loan programs are available for low and moderate-income families if homes are appropriately certified and within the price range, (3) Letter from Anthony and Donna Demetriades, 147 Hitching Post Road. regarding the proposed 17 -story building downtown, (4) Letter from Ronald L Eklund, 314 North Yellowstone Avenue, expressing concern about traffic control in Bozeman and transmitting pictures taken at the Law and Justice Center that show many police cars parked, (5) September 4 updated list of planning projects to be considered at upcoming meetings, (6) Copy of a booklet entitled The Influence of Street Lighting on Crime and Fear of Crime, forwarded by Planning staff, (7) Excerpt from notes taken during a County Commissioners' office meeting regarding zoning of the 100-acre regional park, as submitted by Commissioner Brown, Commissioner Brown noted these minutes reflect that Commissioner Smith Mitchell is the only one who desired to retain the current zoning on the regional park, which was further evidenced by the letter from the other County Commissioners received today. He noted there is a reversion clause in the buy/sell agreement in the event Mr. Jerry Williams does not build two ponds, an amphitheater and trails that he has committed to doing. He stated it is difficult to get people to commit to improving the regional park when it is not properly zoned. (8) Headwaters Recycling newsletter announcing that the next meeting will be held on September 11 at Wheat Montana. (9) Agenda for the School District No, 7 Board meeting to be held at 7:00 p,m, on Monday, September 8, at the Willson School. (10) Agenda for the County Commission meeting to be held at 9:00 a,m, on Tuesday, September 9, at the Courthouse, (11) Agenda for the County Planning Board meeting to be held at 6:30 p,m, on Tuesday, September 9, at the Courthouse, along with minutes from their meeting held on August 12, 2003. (12) Agenda and revised agenda for the Development Review Committee meeting to be held at 10:00 a,m, on Tuesday, September 9, at the Professional Building. (13) Agenda for the Design Review Board meeting to be held at 3:30 p,m, on Tuesday, September 9, at the Professional Building, (14) Director of Public Service Debbie Arkell indicated that the large map showing the Rouse Avenue sewer replacement will be posted in City Hall for review, (15) Neighborhood Coordinator Tracy Oulman stated she will be setting up meetings with individual Commissioners as she gets a chance, Adjournment. 8:40 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Hietala, seconded by Commissioner Brown, that the meeting be adjourned. 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, 09-08-03 .. .-......--.-.-..- ..--.-.-- .....--- .. .-.....-... -- ..- -----.". --- __n_._. __u_.. - 17 - ATTEST: ST~K~FF' Mayor 9~.z ~ ROBIN L. SULLIVAN Clerk of the Commission 09-08-03 -.-..- --- --.-.-- -.----.- .- ----