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HomeMy WebLinkAbout2003-08-25 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN,MONTANA August 25, 2003 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, August 25,2003, at 3:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner Marcia Youngman, Commissioner Jarvis Brown, Commissioner Andrew Cetraro, City Manager Clark Johnson, Planning Director Andy Epple, City Attorney Paul Luwe and Clerk of the Commission Robin Sullivan. Commissioner Lee Hietala was absent. 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. Authorize absence of Commissioner Hietala from this meetina It was moved by Commissioner Youngman, seconded by Commissioner Brown, that the Commission authorize the absence of Commissioner Hietala from this meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Executive session re litigation . At 3:05 p.,m., Mayor Kirchhoff announced that, pursuant to Section 2-3-203(4)(a), Montana Code Annotated, and the Montana Supreme Court rulings, he, as presiding officer, has determined that the discussion of strategy to be followed with respect to litigation in open meeting would have a detrimental effect on the litigating position of the City. He then called an executive session for the purpose of discussing litigation strategy and requested that all persons except the Commissioners, City Manager, City Attorney, Staff Attorneys and the Clerk leave the room. At 3:20 p.m., Mayor Kirchhoff closed the executive session and reconvened the open meeting. Minutes. Januarv 18. 2000. and June 10. Julv 14. Auaust 4. Auaust 11 and August 18. 2003 It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the minutes of the meeting of August 4, 2003, be approved as amended. 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. Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, and June 10, July 14, August 11 and August 18, 2003 to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Ordinance No. 1603 - settina Municipal Judge's salary for Fiscal Year 2003.2004: finallvadoDt 08-25-03 - 2 - ORDINANCE NO. 1603 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING THE MONTHLY SALARY OF THE MUNICIPAL JUDGE OF THE CITY OF BOZEMAN AS REQUIRED BY THE BOZEMAN MUNICIPAL CODE. Acknowledge receipt of staff report - intent to annex 39.92 acres located at the northwest corner of the intersection of Durston Road and Cottonwood Road extended - Morrison-Maierle. Inc.. for Garv Metcalf (3955 Durston Road) (A-3005) Commission Resolution No. 3614 - intent to annex 39.92 acres located at the northwest corner of the intersection of Durston Road and Cottonwood Road extended: set public hearina for September 22.2003 COMMISSION RESOLUTION NO. 3614 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Authorize City Manaaer to sian - Acceptance of Water and Sewer Pipeline Access Easement and Aareement - 31-foot-wide and 20-foot-wide easements across Remainder Tract A as shown on Allison Subdivision. Phase 2 - The BonTon. Inc. of Billinas (alona alianments for Graf Street and MacNab Street. to provide services to Alder Creek Subdivision) Authorize City Manaaer to sian - Amendment No. 1 to Professional Services Agreement - Morrison-Maierle. Inc.. Bozeman. Montana - for Hvalite Transmission Main Replacement proiect Claims It was moved by Commissioner Youngman, 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 Youngman, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Update from the Librarv Board of Trustees re librarv proiect Included in the Commissioners' packets was a memo from Staff Attorney Tim Cooper, dated August 20,2003, forwarding information on the CALA process and the "orphan share." Ms. Holly Brown, member of the Library Board of Trustees, stated the depot is currently being demolished, and that portion of the project should be done by the end of next week. The bricks are being cleaned and palletized and will be moved to the City Shop within the next couple of weeks. Remediation of the site is going smoothly, and air monitoring reveals no exceedance, either at the site or at the landfill. Ms. Brown turned her attention to the CALA process, noting that she and Staff Attorney Tim Cooper met with representatives from the State of Montana Department of Environmental Quality and asked a lot of questions regarding the process and possible impacts on the library and the City. She stated that, under the CALA process, the entire site must be cleaned, including the adjacent properties where contamination exists. At this time, it is known that contamination exists on the Empire Building Company site, and contamination was recently identified on the Story Distributing property and possibly under a portion of South Wallace Avenue; and there is uncertainty if the other property owners would be willing to participate in the clean-up of their sites. As a result, she suggested that a determination on whether to continue with 08-25-03 ___...._ . u_..u .... .___._. ._____.__._ __..._ ..._ ."'.___.____..._..._. _._ ___.___.______n..___ _._ ---..-.-----.-- ..-.--------. - 3 - the CALA process be delayed until the September 8 meeting, recognizing that timing is critical if the contract is to be revised to include the additional properties. Responding to Mayor Kirchhoff, Ms. Brown stated that, as lead entity, the City is still the primary party responsible for the CALA process even if the other property owners choose to participate in clean up of the entire contaminated site. She acknowledged that the City may be able to recoup some of the additional costs, but cautioned that the calculations are complicated. She indicated that if the other property owners are willing to pay their portions of the costs, it may be beneficial to proceed with the CALA process but if they are not, she does not believe the Board would recommend proceeding. Ms. Holly Brown noted the Library Board has discussed the possibility of designating a project manager for the new library project, and identified Superintendent of Facilities and Lands James Goehrung as their candidate for that position. She indicated that Tony Martel, Martel Construction, has expressed his delight in working with Superintendent Goehrung on the project. Ms. Brown stated the Board has received several inquiries about sale of the existing building, asking questions that they are unable to answer. As a result, she has asked legal staff about requirements for sale of the building and requested guidance from the Commission. She noted it is her understanding no other City entity is interested in the building and asked if it is appropriate to consider sale of the building at this time. She noted that $195,000 was paid from the Library monies to purchase land that was originally purchased for the City Shops; and funding for the current library included $1.46 million in general obligation bonds, $32,000 from the White Trust and $30,000 in private donations. As a result, she requested that the proceeds from sale of the building be applied toward construction of the new library. Responding to questions from Commissioner Brown, City Manager Johnson stated that the adjacent contaminated property owners are interested in knowing if asbestos from those properties will be accepted at the landfill and at what cost, and noted that is a policy decision to be made by the Commission. Further responding to Commissioner Brown, Staff Attorney Cooper stated that once the City became owner of the old CMC site, it became a potentially liable party for the contamination, including the off-site contamination that might be located under South Wallace Avenue. He then noted that continuing to follow the voluntary clean-up plan significantly reduces the potential that the DEQ will take any enforcement action against the City and should result in the site being available for construction of a new library. Responding to questions from Mayor Kirchhoff, the Staff Attorney voiced concurrence with Ms. Brown's assessment that the CALA process makes sense only if the other parties are willing to participate in the process and bear their portions of the costs. He indicated that if they choose not to participate in the City's plan, they may choose to pursue their own plans at some time in the future. Commissioner Brown stated he feels the Commission cannot make a determination to sell the current library building without an agenda item and accepting public comment. Mayor Kirchhoff expressed his concurrence and requested that this issue be placed on the September 8 agenda for discussion and possible action. Responding to Mayor Kirchhoff, City Manager Johnson stated that Superintendent of Facilities and Lands Goehrung would be interested in serving as project manager on the new library project, and noted that a similar position would be needed for the proposed parking garage. He cautioned, however, that Superintendent Goehrung's current position would need to be backfilled; and the result would be the creation of a new position during the time of those construction projects. The Commission thanked Ms. Brown for the update. Informal review - Bozeman Center Hotel and Residences - 17-storv mixed-use development. including ground level retail. parking garage. 84 hotel rooms and 36 one and two-bedroom residences at 122 West Main Street - Thomas Mosser (1-03028) Included in the Commissioners' packets was a memo from Assistant Planner Susan Kozub, dated August 20, forwarding the proposal for the Bozeman Center Hotel and Residences, along with comments resulting from review by the Development Review Committee and Design Review Board. 08-25-03 ... ...-...----.----- - 4 - Assistant Planner Kozub gave a brief overview of the application, noting Mr. Mosser is seeking informal advice on a proposed 17 -story mixed use structure on the site of the existing Imperial Inn that includes retail, parking garage, hotel rooms and residences. She stated the Development Review Committee and the Design Review Board reviewed this informal application and their comments have been included in the staff report and attached minutes. She noted two key issues identified include the height of the structure, which exceeds the 55-foot maximum allowed in the "B-3" zoning district, and the proposed parking, which does not meet code requirements. Other issues identified by the advisory bodies included infrastructure, traffic, building design, orientation, scale, massing, and building materials. She noted the design does not appear compatible with the downtown or the neighboring structures. Furthermore, the structure would dominate the existing historic buildings, including the Baxter Hotel and the Bozeman Hotel, and would, in fact, be six stories taller than the dormitories on campus. Mr. Thomas Mosser, applicant, requested Commissioner feedback on the issues of height and parking. He noted that the Bozeman 2020 Community Plan encourages increased heights in the downtown area. Also, a charette identified the intersection of Willson Avenue and West Main Street as the heart of the community, and he suggested that constructing a hotel which dominates the downtown in the heart of the community would be appropriate and would follow historic trends. He noted that the Bozeman Hotel was constructed in the late 1890s and dominated the downtown at that time; and in 1929 or 1930, the Baxter Hotel was constructed at what was the center of the community. He suggested that a new signature building in the heart of the community would be consistent with the history of Bozeman. Mr. Mosser turned his attention to the parking issues, noting that the location of parking in the downtown is critical, and having a parking garage on Main Street at the heart of the community could help alleviate the perception there is not adequate parking. As a result, he asked the Commission to consider urban renewal funds for what would be designated as the public portion of his private project and voiced a willingness to provide as many parking spaces as the City requested. He concluded by asking the Commissioners to address how high is appropriate for a structure in this location and to ask the Parking Commission to evaluate his site as a possible public parking facility. Responding to questions from Mayor Kirchhoff, Mr. Mosser stated the building depicted in this informal application is actually one constructed in San Francisco and would fit on his property. He acknowledged that the building is not designed for his property, but shows that a 17 -story building could constructed on it without the need to acquire additional property. He then indicated he is not wedded to the design of the building as depicted or to a 17 -story structure; he is simply seeking advice on how many stories would be appropriate. He recognizes the project will need to be redesigned; however, he did not want to spend monies on design until he got some idea of whether the project can be realized. Responding to Commissioner Brown, Mr. Mosser stated access to the site would be from West Main Street, with exiting onto West Babcock Street. Commissioner Brown noted this seems to be a lot of building on a small lot and suggested it may be more acceptable in a very large city. Commissioner Youngman expressed her concurrence with the input from the Development Review Committee and the Design Review Board regarding not having any parking deviations or any height deviations. She noted the community has not had any discussion about whether it is ready to accept a building taller than the Baxter Hotel and, as a result, she is not willing to consider any specific proposals that would do so. She stressed the importance of any new buildings blending with the historic fabric of the downtown. She turned her attention to parking, noting that approximately one-third of the required parking is being proposed for the height of the building, resulting in a tremendous deficit that would be detrimental to the area. She expressed support for a hotel downtown, but noted the scale of this proposal would result in infrastructure problems and create a variety of challenges. Commissioner Cetraro stated he has no problem with increased height, but he finds 17 stories is extreme. He also expressed concern about the lack of parking for the project. Commissioner Brown stated he would need a good reason to deviate from the current 55-foot height restriction. In addition to traffic patterns for the project, he is extremely concerned about parking, noting that with the limited number of parking spaces on each level, the cost per space would be extremely high. Also, it appears there would not be any parking spaces available for the public within this project. 08-25-03 - ---------------- -----..------- ---- - ___n________ _____...__ .-.., - ..- ------.-- . -------------- - 5 - Mayor Kirchhoff stated he is supportive of the concepts of a hotel downtown and a parking structure downtown. He wishes to remain as flexible as possible and to accommodate projects that meet community goals, and he needs to see a firm detailed proposal and Development Review Committee and Design Review Board comments before making a decision on any deviations to code requirements. Mayor Kirchhoff concluded this item by thanking Mr. Mosser for the opportunity to conduct this informal review. Break ~ 4:27 to 4:35 p.m. Mayor Kirchhoff declared a break from 4:27 p.m. to 4:35 p.m., in accordance with Commission policy. Plannina staff update re Bozeman Creek Neiahborhood Plan Included in the Commissioners' packets was a memo from Associate Planner Jody Sanford, dated August 19, forwarding the preferred land use alternative for the Bozeman Creek Neighborhood Plan. Associate Planner Sanford stated the City Planning Board has asked staff to provide updates to the Commission regarding the status of developing a Bozeman Creek Neighborhood Plan. She indicated that she and Assistant Planner Susan Kozub have been working closely with a sub-committee of the Planning Board on development of a plan for this corridor, in response to Commission direction in September 2002. The plan covers the area generally lying between South Church Avenue and South Rouse Avenue and between the Gallagator Trail and Kagy Boulevard. She reviewed the public outreach to date, including a planning charette, a conservation questionnaire sent to all property owners within the area, staff meetings with individual property owners and a public meeting before the City Planning Board. She indicated that staff hopes to have implementation strategies done within the next month, for consideration by both the City Planning Board and the City Commission. Assistant Planner Susan Kozub stated that three land use alternatives were identified and submitted to the property owners for their consideration. Alternative NO.1 was the conservation plan; Alternative No. 2 was the low-density alternative; and Alternative No.3 was the medium-density alternative. Alternative No. 1 was the overwhelming choice of the residents and provides for maximizing open space while allowing two nodes of development, one on the northern portion of the plan area and one along Kagy Boulevard on the southern portion. One major component of the plan is public access to the trails running through the open space, with that trail system providing connections to Burke Park, Christie Park and possibly to Hausser Park; the locations of those trails will be the subject of future discussions. She then noted that the plan calls for parking areas providing access to the trail system, with one of those being in the vicinity of Lincoln Street or Garfield Street. Also, the plan calls for an east/west connection, and Ice Pond Road has initially been designated as that connection. She indicated that not everyone has agreed to allow trail easements through their property at this point. Responding to Mayor Kirchhoff, Assistant Planner Kozub stated the conservation plan was the most popular plan for affected landowners, adjacent landowners and the general public. Mr. Brian Close, member of the Planning Board subcommittee working on this project, stated that no one wants the area to change, but landowners are realizing that no change or little change comes with a price tag. One of the issues surfacing is how to pay people for development rights under the conservation plan, and asked if that issue will be given favorable consideration by the Commission. Responding to Commissioner Cetraro, Associate Planner Sanford stated that a synopsis of the process and the comment received will be a part of the overall package presented to the Commission. She then asked for Commission feedback on whether this plan is acceptable. Ms. J.P. Pomnichowski, 222 Westridge Drive, recognized the issues that revolve around the proposed east/west connector and stated that, while she recognizes it would be beneficial, she does not feel that eliminating it would destroy the plan. 08-25-03 - 6- Mr. Frank Munshower, 1407 South Bozeman Avenue, stated the Bozeman Creek Neighborhood Association agrees with the Alternative NO.1 plan but does not agree with the east/west connector. Mr. Jim Pepper, 1322 South Rouse Avenue, complimented the staff and Planning Board for listening to the neighborhood. He noted that if the process remains open, the neighbors will find a way to make the plan work and asked that they be given adequate time to find a way to protect this major riparian corridor through the city. Mr. Ted Lang, Gallatin Valley Land Trust, stated it is important to have an appraisal early in the process, so that costs can be adequately addressed. Mr. Chuck Paden, 507 Ice Pond Road, stated those who live along that road are opposed to making it a through street. Also, he noted that extending Ice Pond Road to the west would not be consistent with Mr. Reid's plans for development of his property. He concluded by suggesting that a gated access could provide the desired emergency access without making Ice Pond Road a connector street. Mayor Kirchhoff stated he finds Alternative NO.1 commendable, recognizing that it helps to protect a community asset. He suggested that grant monies may be available to complete an appraisal on the properties or to possibly acquire those needed to meet this alternative. Commissioner Youngman recognized the significance of both the community and the property owners coming to the same conclusion, and noted she is supportive of the plan selected. Commissioner Cetraro stated he cannot make a decision at this time without more information about the process. Commissioner Brown noted there are a lot of constraints to development along this corridor and, as a result, he supports Alternative NO.1. He cautioned, however, that a lot of cooperation will be needed to make it work. Mayor Kirchhoff thanked staff for the update. Discussion - possible commitments of monies from larae scale retail development impact fees Included in the Commissioners' packets was a request from the Gallatin Valley Independent Business Alliance (GVIBA), dated August 19, requesting a total of $75,000, with an initial commitment of $25,000, to help with start-up costs. Mayor Kirchhoff noted it is important to have a discussion on how to allocate the monies collected, particularly since the City is beginning to receive specific requests for those monies. At Mayor Kirchhoff's request, Commissioner Youngman provided a brief overview of the task force's vision for these monies, noting they recommended at least one-half of the fee be earmarked for affordable housing, with the remainder supporting local businesses. She forwarded her interest in seeing more than half of the monies allocated for affordable housing, particularly since the Commission has committed $100,000 to match a home ownership grant applicant and $100,000 has already been given to a developer of low-income housing to support his projects. She cautioned that to divide the monies from WalMart and Home Depot as recommended by the task force would result in a very limited amount remaining to support additional affordable housing needs and, in fact, would not even fund a second year of the commitment recommended by the Community Affordable Housing Advisory Board. Commissioner Youngman suggested that the request from the Gallatin Valley Independent Business Alliance would meet the criteria for the other half of the monies, since the purpose of the organization is to ensure the continued viability of locally owned businesses. She also noted that transit issues may also fit into that category. Commissioner Cetraro stated that connectivity of the community is a key issue, particularly since big box stores are to be located on the outskirts of the city. He stressed the importance of drawing people to the core of the community and suggested that the relationship between the core, the MSU campus, the North 7th Avenue corridor and the North 19th Avenue is extremely important and should be enhanced. 08-25-03 ------.-.-----------.---- ..----.----,,--- -----. - 7 - Commissioner Brown voiced concern that setting up and operating a transit system is quite expensive, and subsidies are required for continued operations. He noted that a transit system often benefits lower income people and, asa result, could qualify for these funds. Mayor Kirchhoff cautioned that the Commission cannot bank on this being a continuing source of monies and, as a result, should not consider it a source for funding ongoing programs. He then noted that once the Commission decides how the monies are to be allocated, it must decide how it will determine if a specific request is to be funded and suggested that a cap may be desirable. Commissioner Brown noted the Commission is under no obligation to spend all of the monies in one year, but could commit some of them for the future. Mayor Kirchhoff suggested that, if General Fund monies are to be used to support affordable housing, it may be beneficial to begin allocating monies from that source so that the it is ready to absorb the full burden of the program when other sources of monies are no longer available. He suggested that the Commission proceed slowly with expending monies for local businesses, waiting to see if the community responds to that program. Responding to Mayor Kirchhoff, the Commissioners indicated general support for splitting the monies between affordable housing and the business community. Mr. Brian Close, member of the transit task force, stated that a grant to obtain $1.8 million in capital for a transit program would require a $450,000 local match and suggested that one-time monies would be an effective way to provide that match. Ms. Ashley Ogle, 526 West Cameron Bridge Road, stated the proposal from the Gallatin Valley Independent Business Alliance is not just a marketing campaign but will educate the community on what local businesses do for the community. She indicated that the $25,000 requested this year will allow the program to get off the ground and, after this first year, the program would seek additional monies from the City on a match basis in each of the next two years. She noted that some of those who served on the big box task force are also in the Alliance and recognize the importance of one-half of the funds going to affordable housing. Mr. Kelly Wiseman, 402 North Church Avenue, noted that the Chamber of Commerce promotes businesses in a political way, and the Alliance is to promote local businesses through education and advocacy, making people aware of the advantages of buying locally. He stated that in those cities where independent alliances have been created, they work side by side with the local Chamber of Commerce. Ms. Jennifer Rockne, 222 South Black Avenue, stated she is a director of the American Independent Alliance and has helped ten other communities create a local alliance. As a result, she noted that Bozeman's program would be based on a tried and true model and, in addition to the services previously identified, would provide guidance and advice to local businesses. Ms. Suzie Johnson, 410 West Arthur Street, stated it is important to begin a "buy local" program soon, educating the public on the benefits of independent businesses. She noted that she does not own a businesses, but recognizes their importance to the community and encouraged approval of this proposal. The Commissioners discussed how to split the $950,000 in development impact monies from WalMart and Home Depot, with concurrence being for an even split at $475,000 for each program. The Commissioners also agreed that match monies should be encouraged, although it may not be possible to make that a strict requirement. It was moved by Commissioner Cetraro, seconded by Commissioner Brown, that the $950,000 in development impact fees being collected from Home Depot and WalMart be split on a 50/50 basis, with $475,000 allocated toward affordable housing and $475,000 allocated to assist local businesses and interconnectivity in the community, with match monies being encouraged for appropriation of the monies to specific projects. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro, Commissioner Brown, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. 08-25-03 ------ - 8 - Discussion re affordable housina policy Included in the Commissioners' packets was a revised listing of the affordable housing strategies, combining the initial listing forwarded by the Community Affordable Housing Advisory Board (CAHAB), dated August 11, and the revisions proposed as a result of the meeting held on August 18, as prepared by Commissioner Youngman. Commissioner Youngman noted that she had prepared the revised listing at Commissioner Cetraro's request. She indicated that this version includes the issues discussed during the work session that had representatives from the Community Affordable Housing Advisory Board, Chamber of Commerce, Southwest Montana Building Industry Association, and the Commission. She noted that she e-mailed this document to those who were in attendance, and no one expressed any discomfort with the wording so she believes this is a fair depiction of what resulted from the discussion. Responding to Mayor Kirchhoff, Planning Director Epple suggested that the Planning Department staff and the Building Inspection Division staff could provide some of the information contained in the implementation strategies, while the Human Resource Development Council may be better able to assist in other strategies such as the downpayment assistance program. Further responding to Mayor Kirchhoff, Ms. Caren Roberty suggested that donations made by developers in lieu of providing restricted size lots could be in City ownership with the CAHAB making recommendations on possible use of those lots. She suggested that, rather than donating land, a developer may wish to pay cash for the value of the lots that would be required for affordable housing. Commissioner Youngman noted that direction could include asking staff to prepare a resolution adopting the strategies, recognizing that some of the strategies will require implementation by ordinance and, thus, be subject to further public processes. City Manager Johnson suggested that, after adoption of the affordable housing policy, the next step should include an implementation plan with fiscal impact statements. Mayor Kirchhoff noted that document should be prepared collaboratively by those involved in the various City departments and the Human Resource Development Council. Commissioner Youngman responded that Strategy X is the business plan, and the CAHAB will work with staff in preparing that document. She then stressed the importance of identifying a long-range funding stream for the program. Commissioner Brown indicated he has some concerns about the strategies and asked for clarification on some of the statements. He suggested that No. 2 under Strategy VII be revised to specifically reference the economic development impact fees; Commissioner Youngman agreed. He then suggested that Strategy VIII be revised to specifically state that it applies to residential property only; following discussion, it was agreed the statement should be revised to include the phrase "not earmarked for another use." Commissioner Cetraro voiced his appreciation for having the affordable housing strategies reduced to a single document. He stated, however, he supports a more free market approach and, as a result, cannot vote for it. Commissioner Youngman stressed that the document before the Commission represents significant compromise by several entities, and concurrence by all of them. She cautioned that if the Commission does not unanimously support adoption of the agreed-upon strategies, she will propose a stronger policy. It was moved by Commissioner Youngman, seconded by Commissioner Brown, that the affordable housing strategies, as recommended by the Community Affordable Housing Advisory Board with the changes resulting from the August 18 work session and the language changes suggested by Commissioner Brown, be approved including Alternate Strategy III; and that staff be directed to bring back a resolution enacting the strategies and to make revisions to the unified development ordinance to implement portions of this policy a high priority this fall. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Brown and Mayor Kirchhoff; those voting No being Commissioner Cetraro. 08-25-03 ------------ - 9 - Recess - 6:15 p.m. Mayor Kirchhoff recessed the meeting at 6:15 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings and completing the routine business items. Reconvene - 7:00 p.m. Mayor Kirchhoff reconvened the meeting at 7:00 p.m. Public hearina - intent to budget an increase in revenue from property taxes by 3.6 percent for Fiscal Year 2003-2004 This was the time and place set for the public hearing on the intent to budget a 3.6-percent increase in revenues from property taxes for Fiscal Year 2003-2004. Mayor Kirchhoff opened the public hearing. Administrative Services Director Miral Gamradt reminded the Commissioners that State law requires a public hearing if any increase in property tax revenues over the previous year, not counting the taxes from any new construction and annexation; and State law limits that the increase to one-half of the average rate of inflation for the prior three years. The proposed increase in revenues from property taxes is 3.6 percent for this year's budget; and that increase is due primarily to the voted fire mill levy, the second half of the ~ibrary general ~bligation bond issue approved by voters, and an increase in the levy to cover health Insurance premiums. Mr. Delbert Schlegel, 411 North Wallace Avenue, expressed his concerns about continual tax increases, cautioning that they have negative impacts on older people on fixed incomes. He noted that some of the old timers are being forced out of the community with the additional taxes for a variety of items. Administrative Services Director Gamradt noted the Commission has directed staff to look at a variety of senior citizen discounts. Based on a review of options, staff will propose a discount on water and sewer charges under the next agenda item. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the Commission approve budgeting of a 3.B-percent increase in revenue from property taxes for Fiscal Year 2003-2004. 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 Cetraro. Public hearina - preliminary municipal budaet for Fiscal Year 2003-2004. as forwarded in the "City Manaaer's Budaet Recommendations for Fiscal Year 2003-2004" with amendments identified by the Commission This was the time and place set for the public hearing on the preliminary municipal budget for Fiscal Year 2003-2004, as forwarded in the "City Manager's Budget Recommendations for Fiscal Year 2003-2004" with amendments identified by the Commission. Included in the Commissioners' packets were memos from City Manager Johnson dated August 19 regarding possible revisions to include a $50,000 matching grant to United Way to fund programs such as Shelter Care, a $10,000 contribution to repair the Christmas decorations that span Main Street, and a $22,500 appropriation in each of the next two fiscal years to assist in upgrading of the joint dispatch center to identify the location of a cell phone caller. Also included in the packet was a memo from City Engineer Rick Hixson, dated August 21 , forwarding a proposed revision to the projects to be funded through impact fees during the upcoming fiscal year. Distributed just prior to the meeting was a copy of the request previously submitted by the Shelter Care Services Taskforce for $20,000 to assist in re-opening of the facility. 08-25-03 ____ ... _u_ _ _." _____.__ . _______ _____._._____ -------.----..---...-- - 10 - Mayor Kirchhoff opened the public hearing. - Responding to questions from Mayor Kirchhoff, Administrative Services Director Miral Gamradt indicated that senior citizen discounts on water and sewer bills could be easily implemented. He suggested that for those seniors who pay their own bills and qualify for the discount, it could simply be deducted from the bills; and for those who pay through rent or condominium fees, a rebate check could be issued annually. He indicated that the program can be advertised in the newspaper to let people know about it. He then noted that the City had a similar program for the garbage collection program years ago, and few people sought the break in assessments. Responding to Commissioner Youngman, the Director stated he does not anticipate an income verification component; rather, he proposes that the City rely on the information provided on the application. Responding to additional questions from Mayor Kirchhoff, Administrative Services Director Gamradt stated that revenues are estimated at $6 million for the Water Fund and at $4 million for the Sewer Fund, and the senior citizen discount program will have little impact on those projected revenues. Responding to Mayor Kirchhoff, the Commissioners expressed support for the senior citizen discount program as outlined by Administrative Services Director Gamradt. Mayor Kirchhoff asked the Commissioners to address the issue of funding for Shelter Care. Commissioner Brown noted the City does not usually become involved in welfare services for the community's youth or adults; however, he feels this is a legitimate proposal. He stated that Youth Dynamics has offered to provide much-needed services in the former Shelter Care location but needs start-up monies because of the lag in receiving State assistance. As a result, he supports appropriating $20,000, to be paid to United Way to assist in those start-up costs. Responding to Commissioner Youngman, Commissioner Brown stated he cannot support appropriating more than $20,000 to United Way to assist in other programs. . Commissioner Youngman expressed her interest in allocating at least a modest amount to United Way to assist other programs that were impacted by actions during the last legislative session. She stated that she does not want to build any sense that the City is getting involved in social services and she's concerned about double taxation on City residents for programs supported by both the City and the County, but she recognizes the extraordinary one-time needs that exist. She suggested that allocating $10,000 or $20,000 could give those programs negatively impacted by the Legislature the boost they need to continue. Mayor Kirchhoff indicated that he cannot support the proposal to allocate additional monies to assist social welfare programs. Responding to Commissioner Cetraro, City Manager Johnson reviewed programs where other agencies manage City monies earmarked for specific uses. He noted that United Way has a citizen committee review requests for monies and has high demands for financial accountability. He then indicated that, if the City wishes, it can request a report back on how its contribution has been used. He also suggested that United Way could use an additional allocation as a challenge, turning those dollars into match dollars. At Mayor Kirchhoff's request, City Engineer Rick Hixson reviewed the information provided in his memo regarding the use of impact fees. He stated that the proposal to add Durston Road to the list of projects to be funded from impact fees caused staff to look at the projects previously identified. He noted that the Valley Center Road/North 19th Avenue project is estimated to cost around $5 million. Of that total amount, $3.6 would be eligible for funding through the use of impact fees, with other monies being used to fund the difference. He indicated that if the Durston Road project is added, the amount of monies available for each project will be reduced, and the other sources will be increased accordingly. He indicated that two attachments to his memo provide alternatives for distribution of the street impact fee monies available. Commissioner Youngman voiced her strong support for moving the Durston Road project into the Fiscal Year 2004 budget, noting that Durston Road is closer to the core of the community and meets all the standards for use of impact fees. She noted that the proposed improvements to Valley Center Road make it easier for county residents to come into town and promote sprawl. In terms of public benefit, she 08-25-03 _.____n...___.. __._n__.._._._...._....... - 11 - suggested that West Babcock Street and Durston Road are better candidates, and the need for improving those streets is heightened by recent and continuing development on the west side of the community. Mayor Kirchhoff expressed his concurrence, noting that West Babcock Street is close to being a sub-standard facility feeding a significant amount of residential development and that it's the City's responsibility to provide safe transportation for those city residents. He agreed that it is better to improve the transportation system in the core of the community than to improve roads on the outlying edges where they can promote sprawl. Commissioner Brown stated that he, too, supports the use of impact fee monies for improvements to West Babcock Street and Durston Road, noting that the City has made a long-term commitment to their improvement. Commissioner Cetraro acknowledged that improving those two streets is of public benefit and safety to the citizens. Responding to questions from Commissioner Cetraro, City Attorney Luwe stated that the spending of impact fees is a policy decision. He then noted that staff's proposal is for spending only those impact fees collected after July 1, 2001. Responding to Mayor Kirchhoff, City Manager Johnson stated that the Downtown Bozeman Partnership has asked the City to budget $10,000 for rehabilitating the Christmas decorations that have hung across Main Street for many years. He noted that the Partnership had decided new decorations would be purchased because of the poor condition of the old decorations, but there was a huge public outcry so they obtained a bid to replace the cables and clamps and use more efficient lighting. The Partnership does not, however, have the monies to do the repairs. Further responding to Mayor Kirchhoff, the City Manager stated that he is recommending the addition of $45,000 for the joint dispatch center. He indicated that the system can currently pinpoint a cell phone location within ten miles; and under the new upgrade, that cell phone could be tnpointed within one meter. The federal grant for this second phase, however, has been reduced from 150,000 to $50,000, making the center responsible for the remaining $100,000; and that has been split on the standard 55/45 percent split for joint dispatch. He indicated that the County has agreed to fund its portion and recommended that the City spread its contribution over two years, resulting in a commitment of $22,500 for each of the next two years. Mayor Kirchhoff turned his attention to the request from the Gallatin Valley Independent Business Alliance for the appropriation of $25,000 to fund their start-up costs. He suggested that this request could be funded from the local business community portion of the big box monies. Mr. Jeff Milchen, 222 South Black Avenue, spoke in support of appropriating $25,000 for the Gallatin Valley Independent Business Alliance, an organization to support locally-owned businesses. He stated that trends are not favorable to independent businesses, and the Alliance would be proactive in perpetuating opportunities for those businesses. He noted that local business owners employ people and often use local services, with the economic return being up to three times. He asked the Commission to give favorable consideration to not only the $25,000 for start-up costs this year but the additional $50,000 match monies being requested to assist the Alliance over the next two years. Mr. Chuck Hinesley, 3016 West Villard Street, asked the Commission to place the traffic signal at the intersection of Huffine Lane and Cottonwood Road on the capital improvement program list for this fiscal year. He noted that the light should be installed soon, reminding the Commission that one of the conditions of approval for the Laurel Glen Subdivision was that it be installed and functioning prior to the issuance of any building permits. He indicated the purpose of this request is so that he would be eligible to receive $180,000 in impact fee credits, stressing that he has not intent to request assistance from those funds. Ms. Holly Brown, attorney, spoke in support of the use of impact fee monies for improvements to Durston Road on behalf of the developers of Harvest Creek Subdivision and Laurel Glen Subdivision. She noted that some of the developers along this street have paid for consulting engineering services to assist in the creation of a special improvement district and to facilitate acquisition of right-of-way for improvements to Durston Road; and the use of impact fees would assist in constructing the needed improvements. She 08-25-03 -..--..--..-- - .--..----.----. - 12 - concluded by asking the Commission to allocate and spend impact fees regardless of the status of the lawsuit, noting it should not impact the post-2001 fees. Ms. Carol Townsend, United Way, spoke in support of distributing funds through United Way for Shelter Care, and indicated that she would be willing to assist in the distribution of any additional funds the Commission may wish to appropriate, noting that they provide a safety net between a livable wage and what is actually being paid. She then indicated her support for the request from the Gallatin Valley Independent Business Alliance. Ms. Ashley Ogle, 526 West Cameron Bridge Road, spoke in support of the request from the Gallatin Valley Independent Business Alliance, stating it is important to realize how much local businesses give back to the community and what an important part they play in the community. Responding to Mayor Kirchhoff, Administrative Services Director Gamradt stated that Mr. Hinesley's request is not relevant to the budget for Fiscal Year 2003-2004, but pertains to the capital improvement program. He suggested the best way to address this issue would be to amend the program to include the traffic signal on the five-year list, but under a separate agenda item. Commissioner Youngman noted that the Commission had previously agreed to contribute $1 00,000 to the Road Home program but had not identified the source of revenue. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the Commission direct staff to bring back a resolution enacting the budget for Fiscal Year 2003-2004, with the following revisions to the "City Manager's Budget Recommendations for Fiscal Year 2003-2004": (1) add a $20,000 contribution to United Way to fund reopening of the Shelter Care facility; (2) implement a senior discount program for water and sewer that totals approximately $17 per month and requires that applicants be a minimum of 65 years of age and qualify under the same income guidelines as those contained in the housing policy; (3) add a $10,000 contribution for repair of the Christmas decorations that span Main Street; (4) add $22,500 for Phase II of the cell phone location program for joint dispatch; (5) add $25,000 from the large scale retail development impact monies to assist in start-up costs for Gallatin Valley Independent Business Alliance; and (6) add $100,000 from the large scale retail development impact fees for the Road Home program. It was moved by Commissioner Youngman, seconded by Commissioner Brown, that the motion be amended to include the spending of street impact fees in the original amount proposed with the following projects to be funded at no less than the following amounts: $671,253 for Valley Center Road/North 19th Avenue, $564,649 for Durston Road west of its intersection with North 19th Avenue, $359,600 for South 19th Avenue, and $617,700 for West Babcock Street west of its intersection with West Main Street. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Brown and Mayor Kirchhoff; those voting No being Commissioner Cetraro. The main motion, as amended, then passed by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Brown and Mayor Kirchhoff; those voting No being Commissioner Cetraro. City Manager Johnson indicated that a revision to the capital improvement program to include the traffic signal at the intersection of Huffine Lane and Cottonwood Road will be placed on an upcoming agenda. City Attorney Luwe cautioned that implementation of a senior citizen discount must be enacted through the adoption of new rate resolutions. Public hearina - modification to Conditional Use Permit - Ellerbe Becket for Bozeman Deaconess HosDital - modify Condition No. 21 to Dreviouslv aDDroved Conditional Use Permit allowina for construction of Medical Office Building IV with fourth and fifth floors (Z-03173) This was the time and place set for the public hearing on modification to Condition No. 21 to the previously approved Conditional Use Permit allowing for construction of Medical Office Building IV with the 08-25-03 -..----- - 13 - fourth and fifth floors, as requested by Ellerbe Becket for the Bozeman Deaconess Hospital under Application No. Z-03173. Mayor Kirchhoff opened the public hearing. City Manager Johnson announced that Mr. John Nordwick, Administrator of Bozeman Deaconess Hospital, has requested this public hearing be continued to give the hospital an opportunity to meet with the Recreation and Parks Advisory Board in an effort to develop a modification to Condition 21 that is satisfactory to both parties. Planning Director Andy Epple suggested that the Commission continue the public hearing to a date uncertain, with the understanding that it will be readvertised when it is rescheduled. It was moved by Commissioner Youngman, seconded by Commissioner Brown, that the public hearing be continued to a date uncertain, per the applicant's request. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Public hearina - preliminary plat for minor subdivision planned unit development. subdivide 18 acres described as Tract 4B.1. COS No. 1215D. into 4 lots. includina 3 residential lots and a remainder lot: with concurrent construction of buildinas and subdivision infrastructure: and with relaxation from Section 18.14.170. Bozeman Municipal Code. to allow reduction of stream/ditch setback from 50 feet to 35 feet. and from Section 16.16.080. to allow construction of collector street to narrower standard that current City standards. Morrison Maierle for Sparrow Group. L.L.C.. and Philip Saccoccia. Jr.. IRA Rollover (along west side of North 15th Avenue extended between West Oak Street and Tschache Lane) (P-03024) This was the time and place set for the public hearing on the preliminary plat for a minor subdivision planned unit development requested by Morrison-Maierle for Sparrow Group, L.L.C., and Philip Saccoccia, Jr., IRA Rollover under Application No. P-03024, to subdivide 18 acres described as Tract 4B-1, Certificate of Survey No. 12150, into 4 lots, including 3 residential lots and a remainder lot; with concurrent construction of buildings and subdivision infrastructure; and with relaxation from Section 18.14.170 of the Bozeman Municipal Code, to allow reduction of the stream/ditch setback from 50 feet to 35 feet, and from Section 16.16.080, to allow construction of a collector street to a narrower standard that current City standards. The subject property is located along the west side of North 15th Avenue extended between West Oak Street and Tschache Lane. Mayor Kirchhoff opened the public hearing. Included in the Commissioners' packets was a letter from Philip Saccoccia, Jr., dated August 18, requesting that he be credited for $200,000 in any economic impact fees imposed on any of his other property in the future in light of the reduced sale price of this parcel to assist the affordable housing project. Planning Director Andy Epple presented the staff report on behalf of Assistant Planner Jami Morris. He stated that this application is to subdivide slightly over 18 acres into four lots, including three for residential development and a large remainder lot. He noted that staff has recommended the plat include a fifth lot, for the detention pond, so that it remains in ownership of the homeowners' association. The Planning Director noted that many of the issues identified in conjunction with review of this preliminary plat also apply to the planned unit development that is the subject of the next public hearing. He noted that those issues include pedestrian safety, particularly with pedestrians crossing West Oak Street at an unsignalized intersection, and the type of surface proposed for the trail improvements. The Planning Director noted that the applicant is proposing to pave the trail, while the City's standards call for a gravel surface. Planning Director Epple stated that the City Planning Board conducted its review at the August 19 meeting and concurred in the recommendations for approval forwarded by the Development Review Committee and the Design Review Board. He indicated that staff has forwarded a memo dated August 25 suggesting that the original Condition No. 11 be replaced by a different condition and that Condition No.3 be modified. Also, staff would recommend the addition of another condition requiring the applicant to sign a waiver of SID for signalization at the intersection of North 15th Avenue and West Oak Street. 08-25-03 - __._______._._n_.._.u.... - 14 - The Planning Director stated the applicant is seeking relaxation of the 50-foot setback from the stream/ditch, allowing them to use the 35-foot setback of record at the time the initial phasing of Bridger Peaks Subdivision was completed. Given the minimal characteristics of Walton Ditch as it traverses the lots being developed, staff supports the requested relaxation. The applicant is also seeking relaxation of the street standards, to allow construction of North 15th Avenue at a 65-foot standard rather than the 90-foot standard required for collectors. He indicated that the Engineering staff is supportive of this relaxation, particularly since the wetland features and riparian area north of Tschache Lane limit the potential of extending this street further north. Mr. Tim German, Sparrow Group, stated that this requested subdivision will allow for development of affordable housing for seniors and disabled. He indicated that Phase I will be constructed on Lot 1 and will include 60 units for seniors; Phase /I will be constructed on Lots 2 and 3 and will include 40 units for very low income seniors and 18 accessible units. He then indicated a willingness to respond to questions. Mr. Keith Belden, Morrison-Maierle, spoke in support of Condition NO.3 as modified. He noted that the well for irrigation is not critical to occupancy of the development since City water can be used until the well has been approved and drilled. Mr. Jerry Perkins, 511 North Wallace Avenue, stated he is in the partnership that owns the 65 acres immediately east of the subject property. He noted that when the property was annexed in 1987, it was zoned for industrial, commercial and residential development and was later changed to allow for commercial development. He voiced opposition to this proposed development because of the problems and issues that can arise from the mix of residential and commercial development, citing the problems that he has encountered as the owner of Karst Stage in the northeast sector of the community. He asked that the Commission not compromise the area by allowing residential development, and concluded by noting that Mr. Dave Hutchinson, developer of Bridger Peaks Town Center, has also submitted a letter in opposition to this development. Responding to questions from Commissioner Brown, Planning Director Epple indicated that monitoring of wells is typically required where other wells already exist. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the preliminary plat for a minor subdivision planned unit development requested by Morrison-Maierle for Sparrow Group, L.L.C., and Philip Saccoccia, Jr., IRA Rollover under Application No. P-03024, to subdivide 18 acres described as Tract 4B-1, Certificate of Survey No. 12150, into 4 lots, including 3 residential lots and a remainder lot; with concurrent construction of buildings and subdivision infrastructure; and with relaxation from Section 18.14.170 of the Bozeman Municipal Code, to allow reduction ofthe stream/ditch setback from 50 feet to 35 feet, and from Section 16.16.080, to allow construction of a collector street to a narrower standard that current City standards, be approved subject to the following conditions: 1. Lot 1 shall be redesigned in order to avoid creating an odd shaped lot. Instead a twenty-six foot wide shared access easement shall be depicted on the plat that straddles Lots 2 and 3 to provide shared access for all three lots to North 15th Avenue. 2. Stream setback plantings, trail improvements and greenway improvements shall be installed with Phase 1 of the subdivision. 3. The subdivider shall contact the DNRC and determine if a well can be drilled strictly for the purposes of providing irrigation to the subdivision. If it is determined acceptable by the DNRC, then the property owner shall be responsible for locating and installing an on-site irrigation well. If occupancy occurs prior to issuance of a well permit then City water may be used temporarily, upon review and approval by the Water and Sewer Superintendent, pending DNRC approval. 4. The subdivider shall provide irrigation system as-builts, for all irrigation installed in public rights-of-way. The as-builts shall include the exact locations and type of lines, including accurate depth, water source, heads, electric valves, quick couplers, drains and control box as outlined in Section 16.08.090 "Irrigation System As-builts". 08-25-03 .-."'. .".---.---------.----.. .--.--.........--.-. ----.----.----.------ ..- "..-----...-..------ --...---.------ --.-------...--- -..-.----------------...-....-.---...-------.-----.--------.-----...-.-..-.--- ... - 15 - 5. Section 16.14.11 O.A "City of Bozeman Rights-of-Way", states that the subdivider shall be responsible for installing sod, boulevard trees and an irrigation system in the public right-of-way boulevard strips along all external subdivision streets and adjacent to subdivision parks or other open space areas. 6. A 25-foot public access easement is required over the trail along West Oak Street and along the stream trail. Section 16.14.120.B.1 "Transportation Pathways", requires corridors for Class 1 trails to be dedicated to the City. The dedicated trail corridor shall be at least 25 feet in width to ensure adequate room for the construction, maintenance and use of the trail. Trail specifications shall be submitted to the Planning Department, for review and approval, prior to construction of the trail. 7. Street lights shall be provided at all intersections of pUblic and/or private streets and at the intersection of pathways and streets within the proposed subdivision as outlined in Section 16.14.230.0 "Subdivision Light Fixture Location and Placement". 8. Per Section 16.14.230.G "Lighting Specifications", the standard height for light standards shall not exceed 24 feet. 9. Cash in lieu of water rights for Bridger Peaks Village Subdivision, as determined by the Director of Public Service, must be paid at the time the final plat is submitted. 10. The declaration of covenants for the subdivision must be included and recorded with the final plat. The City of Bozeman shall be party to any changes or modifications made to the restrictive covenants and Architectural Guidelines as they relate toany zoning and/or planning bylaws. 11. The covenants shall state that the parking areas and open space are permitted reciprocal use by all of the lots of the subdivision. The City of Bozeman shall be named party to this section of the covenants. 12. Prior to final plat approval, a Memorandum of Understanding shall be entered into by the Weed Control District and the subdivider for the control of County declared noxious weeds and a copy provided to the Planning Department. 13. The final plat shall conform to all requirements of the Bozeman Subdivision Regulations and the Uniform Standards for Final Subdivision Plats and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The final plat application shall include two (2) signed reproducible copies on a stable base polyester film (or equivalent); two (2) digital copies on a double-sided, high density 3~-inch floppy disk or compact disk; and five (5) paper prints. 14. Conditional approval of the preliminary plat shall be in force for not more than three calendar years, as provided by State statute. Prior to that expiration date, the developer may submit a letter of request for extension of the period to the Planning Director for the City Commission's consideration. 15. If it is the developer's intent to file the plat prior to the completion of all required improvements, an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150% of the cost of the remaining improvements. 16. A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer. 08-25-03 ._n.._.____._.__.__ ----..- ---.-.------------ - 16 - The master plan must depict the maximum sized retention basin location, show location of and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin site, drainage ways and finished lot grades), typical stormwater detention/retention basin and discharge structure details, basin sizing calculations and a stormwater maintenance plan. Any storm water ponds located within a park or open space shall be designed and constructed to be conducive to the normal use and maintenance of the open space. Stormwater ponds for runoff generated by the subdivision (e.g., general lot runoff, public or private streets, common open space, parks, etc.) shall not be located on easements within privately owned lots. While the runoff from the individual lots will be dependent on the intensity of use on each lot the maximum sizing of the storm retention facilities for each lot will be established based on maximum site development. Final facility sizing may be reviewed and reduced during design review of the final site plan for each lot. 17. Plans and specifications and a detailed design report for water and sewer main extensions, storm sewer and the public street, prepared by a Professional Engineer, shall be provided to and approved by the City Engineer and the Montana Department of Environmental Quality. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre-construction conference has been conducted. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless approved for concurrent construction by the City Commission. 18. All infrastructure improvements including 1) water and sewer main extensions, and 2) public streets, curb/gutter, sidewalks fronting parks, open space, rear yard frontages or other non-lot frontages, and related storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to final plat approval. City standard residential sidewalks shall be constructed on all public street frontages of a property prior to occupancy of any structure on the property. Upon the third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed said sidewalk shall, without further notice, construct within 30 days said sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot. This condition shall be included on the plat and in the covenants for the subdivision. 19. The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted as proposed. 20. 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. 21. The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, turbidity exemption, etc.) shall be obtained prior to final site plan approval. 22. 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 the edge of easement. 23. Project phasing shall be clearly defined including installation of infrastructure. 24. The developer shall make arrangements with the City Engineer's office to provide addresses for all individual lots in the subdivision prior to filing of the final plat. 08-25-03 -------------- - 17 - 25. West Oak Street shall be widened to one-half of its ultimate width of 78 feet, including all required striping, and installation of curb, gutter, and sidewalk along the entire frontage of this subdivision. 26. Hydraulic calculations shall be performed for the proposed bridge crossing the watercourse to ensure that it will pass the 1 OO-year flow. 27. As part of the design report, the location of sewer mains to provide service to Tracts 2 and 3 east of North 15th Avenue must be provided to, reviewed and approved by the City of Bozeman. If it is determined that these tracts are best served by a sewer main in North 15th Avenue, then it shall be installed as part of this project. 28. North 15th Avenue shall be improved to the typical section detailed on the site plan provided with PUD and preliminary plat application package. 29. The property owner shall provide and file with the Gallatin County Clerk and Recorder's Office an executed waiver of right to protest the creation of SIDs for signalization of the intersection of West Oak Street and North 15th Avenue. The document filed shall specify that, in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. 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. Public hearina - Conditional Use Permit for Bridger Peaks Village Planned Unit Development - Morrison Maierle for Sparrow Group. L.L.C.. and Philip Saccoccia. Jr.. IRA Rollover - establish unified development plan for construction of 120-unit affordable. senior and handicapped housina complex. with relaxations from Section 18.30.010. Bozeman Municipal Code. to allow construction of three apartment buildinas in the "B-2" zonina district. from Section 18.50.060.D.. to allow reduction of the stream/ditch setback from 50 feet to 35 feet. and from Section 18.50.11 O.F .1.. to allow reduction from 120 parkina spaces to 111 parkina spaces (alona west side of North 15th Avenue extended between West Oak Street and Tschache Lane) (Z-03175) This was the time and place set for the public hearing on the Conditional Use Permit for Bridger Peaks Village Planned Unit Development, as requested by Morrison Maierle for Sparrow Group, L.L.C., and Philip Saccoccia, Jr., IRA Rollover, under Application No. 2-03175, to establish a unified development plan for construction of a 120-unit affordable, senior and handicapped housing complex, with relaxations from Section 18.30.010 of the Bozeman Municipal Code, to allow construction of three apartment buildings in the "B-2" zoning district, from Section 18.50.060.0., to allow reduction of the stream/ditch setback from 50 feet to 35 feet, and from Section 18.50.110.F.1., to allow reduction from 120 parking spaces to 111 parking spaces. The subject property is located along west side of North 15th Avenue extended between West Oak Street and Tschache Lane. Mayor Kirchhoff opened the public hearing. Planning Director Andy Epple presented the staff report on behalf of Assistant Planner Jami Morris. He stated that this application allows for the construction of a 120-unit senior citizen and affordable housing project on Lots 1,2 and 3 of the minor subdivision approved in the previous agenda item. He noted that Mr. Hutchinson, in his letter dated August 21, questions allowing residential development in a commercial area and strong opposition to relaxation of any aspect of the zone code. He noted that Mr. Hutchinson also questioned the density, characterizing it as excessive, and suggested there are more appropriate areas in the community for this type of development. The Planning Director indicated that apartment buildings are allowed as a conditional use in the "B-2" zoning district and are allowed and encouraged under the Bozeman 2020 Community Plan from a smart growth standpoint. He indicated that, given the proposed enhancements to the ditch and the good access from this proposed development to a commercial center, staff finds this development is appropriate. 08-25-03 .--..-..,...-.-- --..---- . -. ---- --...----.--- - 18- Planning Director Epple indicated that staff has reviewed this application in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. He concluded by forwarding staff's recommendation for approval, subject to several conditions. In response to questions from Commissioner Cetraro, Planning Director Epple reviewed the differences between this proposed apartment complex and the condominium project in a "B-2" zone considered last month. He then stressed that this proposed project more than meets the 3D-percent open space requirement. Mr. Tim German, Sparrow Group, stated that he turned in the application for building permit today and hope to break ground yet this fall. He then noted that they plan to asphalt the trails because seniors like to walk, and it will make snow removal easier, walking safer, and maneuvering of wheelchairs easier. He further noted that the trails in Bridger Peaks Town Center are paved. No additional public comment was presented under this agenda item. Planning Director Epple stated that the Development Review Committee had no problem with the applicant's proposal to pave the trail. He acknowledged that the trail through this development will be tied to a trail that is already paved, and it is easier for those with wheelchairs and walkers to maneuver on a paved trail than on a gravel trail. As a result, he indicated that staff has not recommended any conditions regarding the surface of the trail. Responding to Commissioner Cetraro, the Planning Director stated that staff feels constructing residential units on a 6-acre portion of the nearly 1 ,000 acres designated for regional commercial development is appropriate and will not compromise the overall plan. Commissioner Youngman noted that the Community Affordable Housing Advisory Board has found Mr. German a joy to work with, and expressed her appreciation for his work. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the Conditional Use Permit for Bridger Peaks Village Planned Unit Development, as requested by Morrison Maierle for Sparrow Group, L.L.C., and Philip Saccoccia, Jr., IRA Rollover, under Application No. 2-03175, to establish a unified development plan for construction of a 120-unit affordable, senior and handicapped housing complex, with relaxations from Section 18.30.010 of the Bozeman Municipal Code, to allow construction of three apartment bUildings in the "B-2" zoning district, from Section 18.50.060.D., to allow reduction of the stream/ditch setback from 50 feet to 35 feet, and from Section 18.50.11 0.F.1., to allow reduction from 120 parking spaces to 111 parking spaces, be approved subject to the following conditions: 1. The drawings shall be updated to include trash enclosures, lighting, and any site corrections. 2. The parking on the corner of West Oak Street and North 15th Avenue shall be screened with a physical barrier at least four feet tall. 3. Open space areas shall be delineated on the plan for resident and public access points. 4. The final site plan shall be reviewed and approved by the Design Review Board. 5. No rooftop or ground-mounted mechanical equipment shall be visible from adjacent properties and public streets. All mechanical equipment shall be completely screened from view and depicted as such on the final site plan. Any proposed rooftop mechanical equipment shall be incorporated into the roof form as an architectural feature that incorporates similar materials and elements as that of the building and all ground or wall-mounted equipment shall be completely screened from view, prior to temporary occupancy being issued for the building. I n order to screen wall and/or ground-mounted mechanical equipment, the Planning Office will accept the installation of a wall constructed of materials matching the building or the installation of evergreen shrubs planted at a height to obscure the equipment. 08-25-03 ____________...._....____ . - ._....._ .. _n....._._ - 19 - 6. The right to a conditional use permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. 7. 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 site plan approval or commencement of the use. 8. 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, successor or assigns. 9. The applicant must submit seven (7) copies of a final site plan within 6 months of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. 10. 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. 11. The applicant 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. 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. 12. Per Section 18.49.040.C.3 "Preparation of a Landscape Plan", landscape plans shall be prepared and certified by a registered Montana landscape architect, an individual with a degree in landscape design and two years of professional design experience, or an individual with a degree in a related field and at least five years of professional design experience. The final landscape plan shall indicate both existing vegetation to be preserved and proposed vegetation. 13. A landscape grouping as described in Section 18.49.060 shall be installed in every parking lot landscape island. 14. The final landscape plan shall identify how all of the point requirements under Section 18.49 have been met. 15. The landscaping for the greenway park along West Oak Street shall meet the requirements outlined in Section 18.54.110.F "Greenway Corridor Landscape Standards" . 16. The final site plan shall address the concurrent review criteria outlined in Section 18.50.030.D.3.a-k "Water and Sanitary Sewer System Requirements". 17. All lighting shall be arranged so as to deflect light down and/or away from any adjoining properties and shall not detract from driver visibility on adjacent streets. Luminaires and lenses shall not protrude below the edge of the light fixture per Section 18.50.035.A. Additional cut sheets with a clearer picture of the fixture shall be provided with the final site plan. 08-25-03 - 20- 18. The final site plan shall include a trash enclosure detail as outlined in Section 18.50.035.0 "Trash and Garbage Incineration Enclosures". 19. The location and detail for bike racks as outlined in Section 18.50.035.R "Bicycle Racks Required" shall be noted on the final site plan. 20. A watercourse setback planting plan shall be prepared by a qualified landscape professional and shall be reviewed and approved by the Planning Department prior to the commencement of development or site preparation. The plan shall include a schedule for planting and landscaping as outlined for Zone 1 and Zone 2 of Section 18.50.060.o.2.g "Setback Planting". 21. Per Section 18.50.11 0.F.3 "Disabled Accessible Parking Spaces", parking spaces and access aisles shall be level with slopes not exceeding 1 :50 in all directions. Raised signs shall be located at a distance no greater than five feet from the front of each accessible space and shall state "Permit Required $100 Fine". One of the disabled accessible spaces shall also be signed "Van Accessible". 22. Section 18.54.060.CA.d "Open Space Maintenance Plan" requires that the developer submit a legal instrument setting forth a plan providing for the permanent care and maintenance of open spaces, recreational areas, communally owned facilities, and parking lots. Once the document has been approved by the City, the property owner shall file the document with the County Clerk and Recorder's Office. A copy of the recording receipt and the signed and notarized document shall be provided with the final site plan submittal. 23. All subsequent phases of development shall be reviewed as required under the guidelines of Section 18.52.030 "Site Plan Review" and Section 18.54.080.C "Phased PUD Review Criteria". 24. The applicant shall provide a bound copy of the Architectural Guidelines, including a table of contents that identifies each chapter and page numbers, with the final site plan as described in Section 18.54.080.0.2 "Developmental Guidelines Submittal Requirements". The City of Bozeman shall be third party to any changes or modifications made to the restrictive Covenants and Architectural Guidelines as they relate to any zoning and/or planning bylaws. 25. A Sign Permit Application shall be reviewed and approved by the Planning Office prior to the construction and installation of any signage on-site in accordance with Section 18.65 of the City of Bozeman Municipal Code. 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. Mr. Tim German, Sparrow Group, L.L.C., noted he was surprised that Commissioner Youngman did not recommend the City commit $150,000 to pay the impact fees fr this project; Commissioner Youngman responded that she had previously raised the issue. Mr. Philip Saccoccia, Jr., thanked the City for quickly processing the application for Bridger Peaks Village. He noted that his family has been involved in affordable housing for a number of years, and he is pleased to be a part of the project. Public comment No one submitted any comments under this agenda item. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. 08-25-03 -... . ---- ..... ---.------ .. -----.,.-.----- . -------...----- - 21 - (1 ) Letter from Governor Judy Martz, dated August 12, responding to the City's request for addressing the speed limit on Huffine Lane. (2) Letter from Arthur H. Thompson III to Mayor Kirchhoff, dated August 1, regarding the Arts at City Center proposal. (3) Memo from Alec Hansen, Executive Director of the Montana League of Cities and Towns, dated July 31, forwarding the preliminary agenda for the Conference to be held in Billings on October 1-3, 2003. (4) Memo from Alec Hansen, Executive Director of the Montana League of Cities and Towns, dated August 14, 2003, providing an update on the conference, entitlement payments and fire emergencies, attached to which was a table showing the 2004 entitlement share payments to various cities and towns. (5) Copy of the notice that the compost collection program will end on August 28. (6) Copy of the solid waste collection service schedule for Labor Day week, which reveals collection will be a day late all week due to the holiday. (7) Minutes from the Community Affordable Housing Advisory Board meetings held on May 28, June 5 and June 18, 2003. (8) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, August 26, at the Courthouse. (9) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, August 26, at the Professional Building. (10) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, August 26, at the Professional Building. (11) City Manager Johnson reminded the Commissioners of the bus tour at 4:00 p.m. tomorrow in the Clean Cities demonstration bus. (12) Planning Director Andy Epple introduced Dara MacDonald, the newest Assistant Planner on staff. Break - 9:05 to 9:15 p.m. Mayor Kirchhoff declared a break from 9:05 p.m. to 9:15 p.m., to prepare for the field trip. Field trip - review lighting standards Included in the Commissioners' packets was a memo from Associate Planner Jody Sanford, dated August 19, identifying proposed modifications to the lighting standards in the new unified development ordinance, along with a listing of streets to be covered during this field trip where the existing lighting meets, exceeds, or does not meet the new standards. The Commissioners, some of the City Planning Board members, members of the Planning staff and representatives from NorthWestern Energy participated in the tour. Mr. Mel Kotur, NorthWestern Energy, gave the Commissioners some background information on lighting, noting that IES standards are simply guidelines and not requirements. He stated that when determining the desired level of lighting, two issues to be considered are the footcandles, or the amount of light on the ground; and uniformity, or the pattern of light. He noted that in some areas, less light may be appropriate, while in other areas more light may be needed. The bus tour left City Hall and moved along a route that followed: North Broadway Avenue, a collector with less lighting than City standards; North 11th Avenue, a collector with lighting that conforms 08-25-03 . _. n.. _ ......._u_..... - 22- to City standards; various campus streets with lighting that conforms to City standards, including South 11 th Avenue, South 7th Avenue, West Grant Street and West Garfield Street; Graf Street in Allison Subdivision, with more lighting than City standards; Westridge Drive and Arnold Street in Figgins Addition, with less lighting than City standards; West Babcock Street in Valley West Annexation, with less lighting than City standards; Ferguson Meadows Subdivision, with more lighting than City standards; various streets in Harvest Creek Subdivision, Phases V and VI, with less lighting than City standards, including some areas with no street lights but with unshielded lamps on each lot near the sidewalk; various streets in Cattail Creek Subdivision, where lighting along the collector streets conforms to City standards but the lighting along local streets is less than standards; and North 19th Avenue, an arterial which conforms to City standards. As the tour was completed and the bus headed back to City Hall, Mr. Kotur and Planning staff asked the Commissioners to remember the lighting examples they have seen as they consider the new standards in the unified development ordinance during the upcoming public hearings. Adiournment - 10:35 D.m. There being no further business to come before the Commission at this time, Mayor adjourned the meeting. STEVdK,XF. Mayor ATTEST: ~~~ Clerk of the Commission 08-25-03