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HomeMy WebLinkAbout2003-06-23 Minutes, City Commission --...---.-.-----.-- ..--.- - -..--.-----...-..-...... --.-.-..-..--.-----. MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA June 23, 2003 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, June 23, 2003, at 3:00 p.m. Present were Commissioner Marcia Youngman, Commissioner Lee Hietala, 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. Mayor Steve Kirchhoff 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 Mayor Kirchhoff from this meetina It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Commission authorize Mayor Kirchhoff's absence from this meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown and Mayor Pro Tempore Cetraro; those voting No, none. Minutes - January 18. 2000. and April 28. May 12. May 19. May 27 and June 16. 2003 It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the minutes of the meeting of June 16, 2003, be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Youngman and Mayor Pro Tempore Cetraro; those voting No, none. Mayor Pro Tempore Cetraro deferred action on the minutes of the meetings of January 18, 2000, and April 28, May 12, May 19 and May 27,2003, to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Ordinance No. 1598 - establish initial zonina desianation of "B-2" on 4.04 acres described as lots 3. 4. 11 and 12. Gordon Mandeville State School Section Subdivision (2311 North 7th Avenue): finally adopt ORDINANCE NO. 1598 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP BY ESTABLISHING AN INITIAL ZONING DESIGNATION OF "B-2" (COMMUNITY BUSINESS DISTRICT) ON 4.04 ACRES SITUATED IN THE SOUTHEAST QUARTER OF SECTION 36, TOWNSHIP 1 SOUTH, RANGES EAST, PRINCIPAL MERIDIAN MONTANA, lYING ALONG THE WEST SIDE OF NORTH 7TH AVENUE/HIGHWAY NO. 10, THE EAST SIDE OF FLORA LANE, AND SOUTH TO CURRENT CITY LIMITS. Authorize Mayor to sign - Findinas of Fact and Order - minor subdivision to subdivide property described as the east 77 feet of lots 1-6. Block 16. Park Addition. into two lots - (Melissa and Dennis Steinhauer. 404 West Curtiss Street) (P-03006) 06-23-03 - 2 - Authorize Mayor to sian - Findings of Fact and Order - Broadwater Court Planned Unit Development Subdivision - subdivide 3,3 acres located at the northeast corner of West Babcock Street and Ferauson Ayenue into 44 townhouse residential lots {P-02036} Authorize Citv Manaaer to sign - Professional Services Aareement with Morrison- Maierle. Inc,. Bozeman. Montana - enaineerina services for SID No. 674 (water. sewer and street improvements in Bridaer Center Subdivision) Authorize City Manaaer to sian - Amendment to Tower Lease Aareement between WWC Holdina Co.. Inc.. and Gallatin County/City of Bozeman Joint Communications/Dispatch Services - to correct error in description of rent payable {tower at Bia Sky} Authorize City Manaaer to sian - Acceptance of Public Street Easement - Farmers Canal Companv - 30-foot-wide easement alona portion of north side of West Colleae Street and 25-foot-wide easement alona portion of east side of South 19th Avenue Authorize City Manager to sign - Contract between Montana Department of Transportation and City of Bozeman - for repair and maintenance of specified traffic signals within city limits for the period Auaust 8. 2003 through June 30. 2005 Approval of final plat for Valley West Subdivision. Phase 1 B {subdivide 18,5 acres at northeast corner of intersection of Cottonwood Road and West Babcock Street into 52 lots} (P-03018) Award bid for automated self-checkout system for Bozeman Public Library - Checkpoint SYstems. Inc,. Thorofare. New Jersey - in the bid amount of $24.500 Claims It was moved by Commissioner Brown, seconded by Commissioner Youngman, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Youngman, Commissioner Hietala and Mayor Pro Tempore Cetraro; those voting No, none. Submittal of Gallatin City-County Board of Health resolution re smokina legislation (HB758) - Health Officer Stephanie Nelson Included in the Commissioners' packets was a copy of the resolution adopted by the Gallatin City- County Board of Health. Health Officer Stephanie Nelson stated that the Board of Health adopted the resolution at its May 22 meeting and asked her to deliver it to the City Commission to be a part of the public record, with no anticipation of Commission action. She noted this resolution reflects the Board's concerns about the passage of House Bill 758 and how it impacts local ordinances. She reminded the Commissioners that the Board of Health had submitted a resolution asking them to consider an ordinance regarding second hand smoke that was based on public input and reflected the desires of the community; and the Commission did so. She stressed that HB758 weakens the ability of local governments to enact such ordinances; and this resolution denounces the Legislature's action and encourages owners of restaurants, bars, casinos and others affected by the bill to use a common sense approach by either minimizing or prohibiting smoking in their establishments. The Board is concerned about the risk to public health and the stripping of local authority to address community issues. Mayor Pro Tempore Cetraro thanked the Health Officer for her presentation. 06-23-03 -.-.-..--------.--- ------.------...... - 3 - Informal review - ore-aoolication for Advanced Technoloav Park. Phase IV - subdivide :t57.97 acres into 29 business oarklindustriallots (southwest corner of intersection of West Colleae Street and South 19th Avenue) - Morrison-Maierle. Inc. Included in the Commissioners' packets was a memo from Senior Planner Dave Skelton, dated June 16, 2003, forwarding the pre-application for Phase IV of the Advanced Technology Park. Senior Planner Skelton gave an overview of the proposed subdivision, under which 57+ acres located west of the current Advanced Technology Park is to be subdivided into 29 business park/industrial lots. He indicated that this phase is to be developed in a manner that is consistent with the first three phases of this subdivision. The Senior Planner stated that the Development Review Committee has reviewed this pre- application and submitted its comments, and the applicant has addressed many of those comments with a revised plat. He then indicated that, based on the DRC review, discussion and comments should include addressing the following five points: lot sizes; alignment of South 25th Avenue and the need for a 90-foot- wide right-of-way for that street; identifying community resources and physical features to be protected and/or enhanced; design of an internal street network system that includes cul-de-sacs; and pedestrian trail system improvements and stream corridor enhancements. The Senior Planner noted that there are three str.eam corridors through the subdivision or along the edge of it, and there are wetlands in the southeastern portion of the property. Responding to questions from Commissioner Brown, Senior Planner Skelton stated that under the zone code, a cul-de-sac street may be a maximum of 500 feet long, and the longest cul-de-sac street in this proposed subdivision is 430 feet long. Commissioner Youngman asked if bike lanes are to be provided along the arterials and collectors. Senior Planner Skelton responded that bicycle facilities are to be provided along West College Street and South 25th Avenue, and may also be provided along the north side of West Garfield Street. Mr. Lowell Springer, Chair of the Board of Directors for the Advanced Technology Institute, stated that South 25th Avenue aligns with Professional Drive, which is in a 50-foot-wide right-of-way. He noted that West Garfield Street may be developed more quickly than originally anticipated since later this afternoon he will participate in a telephone conference call regarding purchase of 50 acres to the west that will probably be developed soon. Also, Montana State University is apparently more receptive to granting an easement for the southern half of West Garfield Street than it was previously. Mr. Springer expressed concern about South 25th Avenue being designated as a minor arterial in the transportation plan, particularly since it bisects the technology park and will simply dump more traffic onto West College Street and impact its intersections with West Main Street and South 19th Avenue. He suggested that encouraging traffic to use West Garfield Street and either Fowler Avenue or Ferguson Avenue would be preferable. Mr. Tom Henesh, Morrison-Maierle, stated one of the key issues to be addressed is what to do with West College Street. He noted that no traffic study has been done to date, but preliminary investigations suggest it would be more appropriate to encourage traffic to use West Garfield Street than to add traffic to West College Street or to West Main Street via South 25th Avenue. Also, he expressed concurrence with Mr. Springer's assessment that a minor arterial bisecting the technology park would be inappropriate. Mr. Henesh noted that the master plan for the technology park had proposed larger lots in this area; however, history of the park has shown that 1 to 2-acre lots are much more marketable than 5-acre lots. The street system to accommodate the smaller lots, however, includes a number of cul-de-sacs. Responding to City Manager Johnson, Mr. Henesh stated that the creek, wetlands and greenbelt in the southeastern portion of the site preclude extending streets through that area. He then noted that South 25th Avenue curves through the technology park to provide the desired street alignments at both the northern and southern boundaries of this property. These features make development of a grid street system extremely difficult. Senior Planner Skelton stated that a minimum of 300 feet is required between street intersections. He stressed that a collector is needed between South 19th Avenue and Fowler Avenue. He indicated that staff would be willing to consider alternatives; however, he noted that street is to be located in a 90-foot-wide right-of-way. 06-23-03 -...-.-----------.-------.---..-.... ..... ......---.-.----.-.---... - 4 - Commissioner Youngman suggested that street alignment is an issue better addressed by staff and the Planning Board. She noted that the need for future streets was carefully considered in development of the transportation plan, and she does not feel that the decision to allow South 25th Avenue to be constructed at less than a minor arterial standard should be a political one but should be based on technical evaluation. She expressed her preference for a subdivision with more gridding and fewer cul-de-sacs, although she feels the cul-de-sacs to protect sensitive lands are acceptable. She concluded by indicating she is supportive of the pedestrian trails and corridor enhancements. Mr. Tom Henesh asked if the Commission would be willing to favorably consider a relaxation of the setback for buildings. Senior Planner Skelton noted that larger setbacks are required under the business park zoning designation to create a more campus-like setting, and any relaxation of those standards must be done through the planned unit development process. Mr. Lowell Springer noted that the wetlands and trail corridors result in a significant amount of open space within this subdivision. He stated that when the original guidelines for this subdivision were written, they were designed to encourage large setbacks; however, those guidelines didn't take this additional open space into consideration. He suggested that allowing more standard setbacks within this phase would still result in substantial open area. Commissioner Brown stated the setbacks add a lot of aesthetics to the development within the technology park, and he wants to see those setbacks remain unless staff finds they can be reduced without impacting those aesthetics. Senior Planner Skelton stated he will review the covenants for development within the Advanced Technology Park to determine ifthe setback requirements are greater than those required by the City's zone code. Commissioner Youngman noted that enhancement of the wetlands and the trail corridors, as well as quality development, might provide the rationale needed to consider relaxation of the larger setbacks. Commissioner Brown suggested that an emergency access be provided along the lot line between Lots 26 and 27, extending from the cul-de-sac to South 25th Avenue, noting that could alleviate concerns for fire trucks. He stated that he does not necessarily support cul-de-sac streets, but he recognizes the challenges with this property and the difficulties in providing through streets. Commissioner Brown asked if wells are being considered for irrigation; Mr. Henesh responded that it is likely wells will be used for irrigation. Responding to questions from Commissioner Brown about the existing agricultural buildings on this subject property, Mr. Roger Flair, President of the Advanced Technology Institute, indicated the buildings are owned by A TI and, per an agreement with Montana State University, will remain until development of the property requires their removal. He noted that the agricultural buildings are generally used for storage, with the exception of the ROTC program, which MSU will hopefully relocate to the campus. Responding to Commissioner Brown, Mr. Springer stated that the groundwater table ranges from 2Y2 feet to 5Y2 feet through this subdivision, which would make the construction of basements difficult. Commissioner Brown indicated he would like to see a disclaimer pertaining to basements in this area. Planning Director Epple stated that, based on the Commissioners' discussion, it appears the Commission would be willing to consider an alternative to South 25th Avenue being designated as a minor arterial, to be constructed within a 90-foot right-of-way, if it were supported by staff. Also, he noted the other key issue is increased street connectivity. He suggested that pedestrian paths could also provide connectivity through the development. Mr. Tom Henesh indicated another concern is access onto West Garfield Street from individual lots, which was not previously allowed. Senior Planner Dave Skelton stated that West Garfield Street is no longer a collector, but is identified as a local street in the new transportation plan. 06-23-03 . ..-.. .-.-... --.-------------.-..----.-- - 5 - Commissioner Brown suggested that extending streets through this development to connect to West Garfield Street could result in flexibility on how those lots are developed since there would be more options for access than would be available from a cul-de-sac. The applicants thanked the Commissioners for their input and guidance. Informal review - DroDosal from Jerrv Locati reDresentina Dick Harte to relocate the JackDot Casino from 915 East Main Street to 1017 East Main Street (1-03018) Included in the Commissioners' packets was a memo from Assistant Planner Jami Morris, forwarding the informal application. Assistant Planner Morris stated that Mr. Locati has proposed moving the Jackpot East Casino approximately 500 feet east from its present location at 915 East Main Street to 1017 East Main Street in conjunction with his new office complex. She noted that Jackpot East is currently a legal non-conforming use because it was in place prior to adoption of the casino overlay district, which requires that casinos be located in the M-1 or M-2 zoning district, not in another overlay district, and not within 600 feet of a park or another casino. She indicated that, based on the zone code requirements, staff has determined an amendment would be necessary to exempt a legal non-conforming casino from those requirements to allow consideration of the proposed relocation. Planning Director Epple stated that City Attorney Luwe has indicated he has concerns about the proposed relocation; and this item was placed on the agenda to determine the Commission's willingness to consider it. Mr. Jerry Locati $tated that he has owned the Alpine Hotel for the past six or seven years and has since purchased more property, so that he now owns quite a bit of the property along the north side of East Main Street on top of the hill. In light of recent new projects on East Main Street and the high visibility of this property, he has begun to recognize the possibility of creating an aesthetically pleasing entryway that pulls the downtown feel of East Main Street even further east. He submitted a rendering of the new 16,000- square-foot office building approved by the Commission last year, noting that construction began just last week. He also posted a master plan showing his concept for continued development along that corridor, noting that it extends from the parcel just east of the Town Pump to the Alpine Hotel, with the casino lying in the middle of it. He indicated that he has approached Mr. Harte about the potential of selling that parcel to him so that it could be incorporated into the overall plan, with the casino being relocated to one ofthe new buildings further east. Mr. Harte has indicated that he would submit the proposal to the other investors in the casino only if he can be assured the casino will retain its current amount of gaming and its signage. Commissioner Youngman stated she likes the appearance ofthe new buildings being proposed, and she does not like the appearance of the casino. She noted the casino was opposed by the neighborhood across East Main Street. She indicated that the only way she would be remotely interested in its relocation is if it could be done without opening the zone code to allow other casinos to relocate and possibly get bigger. She noted that the casino overlay district was created because the Commission did not want gambling in entryways or downtown, and additional gaming has been approved since then because applicants have requested one less machine than what triggers the casino requirements. She suggested that one option would be to allow relocation only when that relocation is part of a major master plan that implements the goals of the Bozeman 2020 Community Plan. Commissioner Brown stated this is not an appropriate location for a casino, noting he hopes the casino owners would be willing to sacrifice something for a new building. He indicated that the concept of the overall development is attractive; however, it violates the intent of the zone code to relegate casinos to a less obvious location. Mayor Pro Tempore Cetraro stated he feels the proposed development would be a good amenity on the east end of the community, and he is willing to work with the applicant on the project. Commissioner Hietala stated he feels extending Main Street further east is commendable, and he's willing to work with the applicant. 06-23-03 - 6 - Mayor Pro Tempore Cetraro suggested that Mayor Kirchhoff's input could possibly be provided under "FYI" discussion at an upcoming Commission meeting. Responding to questions from Mr. Locati, Planning Director Epple indicated that his staff will forward the results of this informal review after Mayor Kirchhoff's comments have been received. Update re grants proiects . Grants Administrator Sara Folaer Included in the Commissioners' packets was a memo from Grants Administrator Sara Folger, dated June 18, forwarding an update of projects to date and a listing of potential work for the future. City Manager Clark Johnson stated that Attachment "A" to the memo is a page that will be included in the budget book, beginning this year, to keep track of CTEP projects. Grants Administrator Folger noted that what she is discovering, after six months of employment with the City, is that the employees and administration are remarkably good people with high standards, personal integrity and honesty; and she is pleased to be part of the organization. She stated that, since most of her experience has been in the private, non-profit sector, she has taken a crash course in public monies and attended a grantsmanship training session in Spokane. The Grants Administrator noted that people often have great ideas and need monies for their projects, but don't communicate well with others about those needs. She stressed that there is no such thing as free money; every grant requires some type of match, donations, or in-kind services. She also noted that persistence, hard work, study and research are key components to a successful grant program. She recognized that social needs are a key issue in Bozeman and will become even more so as the strain on monies for essential services becomes greater. She intends to develop a core group to help identify the community's needs and sources of assistance to address those issues. Grants Administrator Folger noted that the greatest need seems to have been in the Department of Public Safety, and she plans to aggressively seek monies from the Homeland Security and public safety programs to enhance communications among the local, state and national levels. Once the needs of that department are addressed, she will review other City departments and their needs. Grants Administrator Sara Folger turned her attention to Attachment "B" of her memo, stating that the list reflects the potential grant work she has identified for the next three years. She noted that various CTEP projects have languished for a long time, and it is her intent to get two of those projects on the ground in the very near future. She stated that the new appropriation for transportation enhancement projects is being developed, with a 15-percent reduction in monies for non-motorized transportation; and having more of the projects funded under the current program on the ground will improve the City's opportunities to receive a larger allocation. She indicated that the Salvation Army will soon be launching an effort to create a homeless shelter in Bozeman, and they will be seeking CDBG public facilities monies to assist in that project. She concluded by encouraging Commissioner input on the types of grants she should be pursuing, to ensure that she does not waste time on what they don't view as the most important. Commissioner Youngman suggested that development of the various plans identified in the Bozeman 2020 Community Plan, including the cultural plan, the economic plan and the design objectives plan, could be beneficial. She suggested that either smart growth monies or innovation monies could be used to assist in those projects. She also noted that housing and other low-income programs need attention and grants. Planning Director Epple stated the way he sees the program evolving is that experts in the various areas will write the narrative explanation and detailed discussion of the application, and Grants Administrator Folger will oversee preparation of the grant application and tracking the monies. Responding to Commissioner Brown, Grants Administrator Folger stated that if CTEP monies are used for a public facility that is later sold to a private entity, both the state portion and the local match monies are to be repaid to the State. She noted that the improvements are amortized, but it is over a long period of time; and the repayment could be a large percentage of the project if it were sold within a few years after the improvements were made. In the case of the East Willson School, she indicated that she 06-23-03 ---.- . .-.-..-----.- - 7 - has received a letter from the School District saying they have no intention of selling that building at any time in the foreseeable future. The Commission thanked Grants Administrator Folger for the update. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1 ) Copy of a letter from City Manager Johnson to Sue Johnson, dated June 19, terminating the City's buy-sell agreement for Lot 1, Minor Subdivision No. 154, Certificate of Survey No. 157. (2) Copy of a letter from City Manager Johnson to the Montana Department of Military Affairs, dated June 19, committing the City to purchase the Bozeman Armory for its appraised value. (3) Copy of a petition from employees at the Law and Justice Center requesting the installation of air conditioning for that building. (4) Copy of a letter to the editor from Jackie Stonnell, dated June 18, regarding the recently approved Farmers' Market at Bogert Park. (5) Updated listing of planning projects to be considered at upcoming Commission meetings, dated June 18, 2003. (6) Copy of the notice that the City garbage collection crews will not be working on July 4 but will do those collections on July 5. (7) E-mail from Michelle Weber Ratliff, submitting her resignation from the Community Affordable Housing Advisory Board. (8) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, June 24, in the Commission Room. (9) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, June 24, at the Professional Building. (10) Agenda and revised agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, June 24, at the Professional Building. (11 ) Agenda for the County Planning Board meeting to be held at 6:30 p.m. on Tuesday, June 24, in the Commission Room. (12) Mr. Bruce Gerlach, President of the Bozeman Shelter Care, noted that he has previously submitted packets of information and an e-mail seeking a $50,000 bridge grant from the City to get through next fiscal year. He stated they are experiencing a shortfall, particularly since Gallatin County has dropped its funding to $45,000 for next year, which is significantly lower than the $90,000 funded two years ago, the $71,700 funded last year and the $114,000 requested for this fiscal year. Also, Park County has decreased its funding from $20,000 last year to $12,000 this year. Mr. Gerlach indicated that the Shelter Care is licensed for ten youths; and they currently have eight youths at the shelter, four long-term and four short-term. He stated a majority of the youths are from Gallatin County and Park County, and are kids at risk who cannot stay in their homes for a variety of reasons. He noted that the State pays $67 per day per youth, and that amount has not increased in a very long time. Mr. Gerlach noted that the Shelter Care is staffed 24 hours a day, 365 days a year, and provides a safe place in which law enforcement and youth services may place youths in crisis. He stated that they own their house but have no monies with which to operate the facility; and it is their desire to fund current operations and to create a reserve for future needs. 06-23-03 -- ------ ,-- . --- ------- .. --------- . ._ __n_...' ._.__ .---..--.----.-.....-- - 8 - Responding to Commissioner Brown, Mr. Gerlach stated that Gallatin County had seriously considered purchasing the house and leasing it back to the Shelter Care for $1 per year, but has chosen not to do so. He suggested that a similar offer could be made to the City, if the Commissioners are interested. Mr. Gerlach identified a variety of sources from which the Shelter Care receives funding, including United Way, grants, service clubs, private citizens and businesses. He stated that they held their first annual fund raiser last year, which generated $7,000. He also noted that he has approached the City of Belgrade with a request for funding. Commissioner Youngman expressed concern about focusing on one program when almost every non-profit organization in Bozeman will go into crisis as a result of the last legislative session. She is also concerned that providing City assistance will result in double dipping on city taxpayers, who also pay county taxes. She stressed that the needs of all social services need to be addressed together and on a county- wide basis. She indicated that, while she supports the Shelter Care's needs, the City cannot address the request in isolation. Responding to Commissioner Hietala, Mr. Gerlach confirmed there are seven similar shelters in the state, with Helena and Billings having the closest facilities. Mr. Gerlach stated that County Commissioner Bill Murdock has suggested he work with Dorothy Bradley in an effort to get this program back under the County umbrella and, if that is accomplished, it should alleviate future funding issues. The key issue is to obtain adequate funding to keep the Shelter Care facility open through this fiscal year. Responding to questions from Mr. Gerlach, City Manager Johnson stated his budget recommendations are ready to go to print and do not include monies for this program. He indicated that the Commission may make amendments to the budget as it goes through the decision-making process, stating he anticipates that will occur in late July. Recess ~ 5:20 p.m. Mayor Pro Tempore Cetraro recessed the meeting at 5:20 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Pro Tempore Cetraro reconvened the meeting at 7:00 p.m. Public hearina ~ Certificate of Appropriateness to allow construction of new two~car aaraae with second floor auest house on Lots 21 and 22. Block H. Rouses First Addition. with deviations from Section 18.50.050.E" Bozeman Municipal Code. to allow heiaht of accessory buildina to exceed main residence. and from Section 18.04.030. to allow footprint of proposed aaraae/auest house to be laraer than main house - Kathleen Susan Gallaher. 516 East Lamme Street (Z~03129) This was the time and place set for the public hearing on the Certificate of Appropriateness requested by Kathleen Susan Gallaher under Application No. Z-03129, to allow construction of a new two- car garage with second floor guest house on Lots 21 and 22, Block H, Rouses First Addition, with deviations from Section 18.50.050.E. of the Bozeman Municipal Code, to allow the height of the accessory building to exceed that of the main residence, and from Section 18.04.030, to allow the footprint of the proposed garage/guest house to be larger than the main house. The subject property is located at 516 East Lamme Street. Mayor Pro Tempore Cetraro opened the public hearing. Distributed just prior to the meeting was a letter from Marjorie Smith, 122 North Church Avenue, dated July 11, expressing support for the application. 06-23-03 ~-"'_._---_. .. -.. --------------.-. - 9 - Assistant Planner Susan Kozub presented the staff report. She stated the subject property is located in the potential North Church Avenue historic district. She indicated that the applicant proposes to construct a two-car detached garage with second floor guest house at the back of her property. The new structure is to be both larger and taller than the main structure, thus requiring two deviations. The Assistant Planner stated that detached garages are common in this area, and the applicant's property is one of the few that does not have one. She indicated that staff has proposed the garage be constructed with a 10-foot setback from the alley instead of the proposed 20-foot setback, since it would be more in keeping with the neighborhood and since the additional two off-street parking spaces are not needed. Assistant Planner Kozub stated that staff has reviewed this application in light of the applicable criteria and has forwarded a recommendation for approval, subject to four conditions. Ms. Kathleen Susan Gallaher, applicant, stated she has lived in this home for the past 23 years. She indicated that the garage will be in keeping with the style of the house and the neighborhood and will benefit the neighborhood. She concluded by noting that, hopefully, she will be able to add onto her home in the future. No one was present to speak in opposition to the project. Since there were no Commissioner objections, Mayor Pro Tempore Cetraro closed the public hearing. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Certificate of Appropriateness requested by Kathleen Susan Gallaher under Application No. 2-03129, to allow construction of a new two-car garage with second floor guest house on Lots 21 and 22, Block H, Rouses First Addition, with deviations from Section 18.50.050.E. ofthe Bozeman Municipal Code, to allow the height of the accessory building to exceed that of the main residence, and from Section 18.04.030, to allow the footprint of the proposed garage/guest house to be larger than the main house be approved, subject to the following conditions: 1. In accordance with the definition of "guesthouse" established in Section 18.04.800, the guesthouse shall not include "cooking facilities" such as a range or full size refrigerator and shall never be rented or offered for rent. Any references to a "kitchen" must be removed from construction plans prior to building permit approval. 2. Prior to building permit approval, the applicants must provide a plan showing existing and proposed water and sewer service lines and sewer mains, subject to approval by the Water and Sewer Department. Please note that the water line may tie into the existing line for the main structure behind the water meter and backflow protection; however, the sewer line must be separate. Backflow protection on the domestic service must comply with current City of Bozeman standards. 3. The applicant shall obtain a building permit and pay all required fees within one year of Certificate of Appropriateness approval or this approval shall become null and void. 4. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness application. Any modifications to the submitted and approved drawings shall invalidate the project's approval unless the applicant submits the proposed modifications for review and approval by the Planning Office prior to undertaking said modifications, as required by Section 18.62.040 of the Bozeman Municipal Code. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown and Mayor Pro Tempore Cetraro; those voting No, none. 06-23-03 - 10 - Public hearina - Certificate of ADDroDriateness to allow construction of new outdoor Datio and seating area on Tract 2. Amended Plat C-23-K. Blocks 22-24. Northern Pacific Addition. with deviation from Section 18.30.050. Bozeman MuniciDal Code. to allow seating area to encroach 1 additional foot into reauired 5-foot side yard setback - Covote Grill. llC.for East Side Diner. 1104 East Main Street (2-03130) This was the time and place set for the public hearing on the Certificate of Appropriateness requested by Coyote Grill, LLC, under Application No. 2-03130, to allow construction of a new outdoor patio and seating area on Tract 2, Amended Plat C-23-K, Blocks 22-24, Northern Pacific Addition, with a deviation from Section 18.30.050 of the Bozeman Municipal Code, to allow the seating area to encroach 1 additional foot into the required 5-foot side yard setback. The subject property is located at 1104 East Main Street and houses the East Main Diner. Mayor Pro Tempore Cetraro opened the public hearing. Assistant Planner Susan Kozub presented the staff report. She reminded the Commission that on May 15, 2002, a conditional use permit was approved to allow the outdoor seating area for the East Side Dinner to be replaced with a gaming room addition. At that time, staff recommended that relocation of the outdoor seating area be required; and the Commission chose to omit that requirement but leave it up to the applicant to pursue the required permits if a new outdoor seating area was desired. She indicated that this application allows for the installation of a new door and the construction of an outdoor seating area at the northwest corner of the diner that will accommodate six to eight tables. The Assistant Planner stated that staff has reviewed this application and determined that, with a deviation to allow the outdoor seating area to encroach one additional foot into the side yard setback, a 7- foot by 40-foot patio can be constructed. She indicated that the on-site parking area is adequate to accommodate the existing diner, gaming area and outdoor seating area. In light of its review of this application and the applicable criteria, staff has forwarded a recommendation for approval, subject to two conditions. The applicant was not present. No one spoke in support of or in opposition to the proposed project. Since there were no Commissioner objections, Mayor Pro Tempore Cetraro closed the public hearing. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Certificate of Appropriateness requested by Coyote Grill, LLC, under Application No. 2-03130, to allow construction of a new outdoor patio and seating area on Tract 2, Amended Plat C-23-K, Blocks 22-24, Northern Pacific Addition, with a deviation from Section 18.30.050 of the Bozeman Municipal Code, to allow the seating area to encroach 1 additional foot into the required 5-foot side yard setback be approved, subject to the following conditions: 1. The proposed patio shall have a maximum width of seven feet and shall maintain a two-foot side yard setback from the western property line. 2. Additional landscaping features shall be installed within the two foot side yard along the western property line subject to review and approval by the Department of Planning and Community Development. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Youngman and Mayor Pro Tempore Cetraro; those voting No, none. 06-23-03 -------------------- ----.. ---- ------ -...----- ...--.-- .... ... - - -.---. -.-..-- - 11 - Public hearing - Conditional Use Permit - amend previouslv approved Planned Unit Development for Kaav Crossroads Apartments. to allow construction of four apartment buildings with a total of 72 residential apartment units on 2.79-acre tract described as Lot 1. Block 3. Corrected Plat of Kagy Crossroads Subdivision. with relaxation from Section 18.50.110.F.. Bozeman Municipal Code. to allow 37 parkina spaces less than reauired - Sprinaer Group Architects for Dave MacDonald (2211 Reminaton Wav) (Z-02166-B) This was the time and place set for the public hearing on the Conditional Use Permit requested by Springer Group Architects for Dave MacDonald under Application No. 2-02166-B, to amend the previously approved Planned Unit Development for Kagy Crossroads Apartments, to allow construction of four apartment buildings with a total of 72 residential apartment units on the 2.79-acre tract described as Lot 1, Block 3, Corrected Plat of Kagy Crossroads Subdivision, with relaxation from Section 18.50.11 O.F. of the Bozeman Municipal Code, to allow 37 parking spaces less than required under the zone code. The subject property is located at 2211 Remington Way. Mayor Pro Tempore Cetraro opened the public hearing. Assistant Planner Susan Kozub presented the staff report. She noted that on September 23, 2002, the Commission granted conditional approval for the construction of four apartment buildings containing a total of 54 units. The apartments approved at that time were a combination of two-bedroom and three- bedroom units. The applicant has since determined there is a growing need for one-bedroom units, particularly in this area, and is proposing to reconfigure the project to include one-bedroom and two- bedroom units. She stressed that the footprints of the buildings have not changed, so the required open space for the planned unit development will be provided. She indicated, however, that the applicant is seeking a relaxation from the parking requirements to reduce the number of spaces by 22 percent. Following review, staff has found that at least three additional on-site parking spaces can be provided, reducing the relaxation to 20 percent. The Assistant Planner noted that the applicant was granted a 30-percent density bonus, to allow the 54 apartments previously approved. Since that time, the zone code has been revised to remove the density limits, so the requested 72 apartments conforms to the zoning district requirements. She indicated that the site plan includes 130 on-site parking spaces, with a potential for 13 on-street parking spaces adjacent to the project. She noted that the number of bedrooms in the project actually decreases under this revised plan, but the required number of parking spaces increases based on the parking calculations in the zone code. She stated the applicant is proposing a different type of parking calculation, with one parking space per bedroom plus 20 percent to accommodate visitors. Assistant Planner Kozub stated that staff has reviewed this application in light of the applicable criteria. As a result of that review, staff is recommending approval of this application, subject to the 31 conditions attached to the original approval plus seven new conditions. Mr. Lowell Springer, architect representing the applicant, stated that the design issues for this project have been previously addressed, particularly since the exterior of the project will not change. He noted that under the new design, the number of bedrooms is decreased from 138 to 120 on the site. He indicated that the parking formula they have proposed seems to be in keeping with the data gathered when looking at similar projects near the campus at night. Mr. Dave MacDonald, applicant, noted it appears most ofthe parking problems within a development arise when garages are counted toward the parking requirements, since those garages are typically used for storage and not parking. His goal is to provide a quality project with adequate parking. By having more units on site, he will be able to keep the rental rates lower, thus helping to address affordability issues. He noted that his other projects with one-bedroom and two-bedroom units have experienced a great diversification in tenancy, which he feels leads to a more balanced and better living environment. Also, he stated that many of those who are looking for three-bedroom units tend to look at duplexes, four-plexes or houses rather than apartment complexes. He noted that the amount of parking he has proposed will be. adequate for typical needs; however, he indicated that the surrounding streets and "B-2" zoned properties could help to accommodate any extraordinary parking demands, such as for parties. He recognized that, given the location of this project, there may be a high demand for bicycle racks, which should also alleviate demands on parking spaces. 06-23-03 --- -- -.-- ------.---- .-...-.....------ - 12 - Mr. Jim Loessberg, Evangelical Free Church, stated he is not opposed to the apartment complex. He noted, however, he remains concerned about an issue previously raised regarding relocation of the stream/ditch to the property line between the two properties. He stated the result of that relocation is that the church is now subject to additional setbacks it was not previously subject to, and he feels the church should not be negatively impacted in that manner. Responding to Commissioner Brown, Planning Director Epple confirmed that the stream/ditch was moved 30 feet in conjunction with the subdivision and, after that relocation, staff found that the setback was pushed onto the Evangelical Free Church property. He indicated that staff has reviewed the situation and has found it could support a variance from the setback requirements that would result in no additional impacts on the church; however, the church is not yet prepared to submit an application. Mr. Springer noted that there is seldom water in the stream/ditch and suggested the possibility of abandoning it at some time in the future. Since there were no Commissioner objections, Mayor Pro Tempore Cetraro closed the pUblic hearing. It was moved by Commissioner Brown, seconded by Commissioner Youngman, that the Conditional Use Permit requested by Springer Group Architects for Dave MacDonald under Application No. Z-02166-B, to amend the previously approved Planned Unit Development for Kagy Crossroads Apartments, to allow construction of four apartment buildings with a total of 72 residential apartment units on the 2. 79-acre tract described as Lot 1, Block 3, Corrected Plat of Kagy Crossroads Subdivision, with relaxation from Section 18.50.110.F. of the Bozeman Municipal Code, to allow 37 parking spaces less than required under the zone code be approved, subject to the original 31 conditions plus the following conditions: 32. The final site plan shall depict at least three additional on-site parking spaces. 33. An updated water and sewer design report shall be provided to and approved by the City Engineer. 34. The final site plan shall be adequately dimensioned. A complete legend of all line types used shall also be provided. 35. 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." 36. Sewer and water services shall be shown on the final site plan and approved by the Water/Sewer Superintendent. 37. All existing utility and other easements must be shown on the final site plan. 38. No occupancy of any type will be permitted prior to City acceptance of the sewer and water infrastructure improvements. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Youngman, Commissioner Hietala and Mayor Pro Tempore Cetraro; those voting No, none. Public hearina - Maior Site Plan - allow construction of eiaht four-unit multiple-household dwellina units on Lots 4 and 5. Greek Way Subdivision - Pruah & Lenon Architects for Steve and Marianne Liebmann (Greek Way Apartments. 1721-1811 Greek Way) (Z-03094) This was the time and place set for the public hearing on the Major Site Plan requested by Prugh & Lenon Architects for Steve and Marianne Liebmann under Application No. Z-03094, to allow the construction of eight four-unit multiple-household dwelling units on Lots 4 and 5, Greek Way Subdivision. The subject project is known as the Greek Way Apartments, located at 1721 through 1811 Greek Way. Mayor Pro Tempore Cetraro opened the public hearing. 06-23-03 -----.-.--,... --.. ----.-., --" .-.-----.-.- - -.-------.... .-...----... . --.------ - 13 - City Manager Johnson announced that he is an active member of one of the fraternities that owns property adjacent to this site and, as a result, will remove himself from the meeting. Senior Planner Dave Skelton presented the staff report. He stated the subject property is located at the northwest corner of the intersection of Greek Way and Kagy Boulevard and is zoned "R-3," Residential-Medium-density. Under this application, eight four-plex apartment units are to be constructed on the two lots in a single phase. He indicated that staff has reviewed this application in light of the applicable criteria in the zone code, 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, subject to 24 conditions. Senior Planner Skelton stated that during review, the only issue that arose relating to regulatory standards was the orientation of the northernmost four-plex and the need to observe a rear yard setback for that unit. He indicated the result will be to locate the building 15 feet south, but noted that can be accomplished without otherwise impacting the site plan submitted. He noted that no deviations or variances are being requested in conjunction with this application. Senior Planner Dave Skelton noted that another issue that has arisen is the protective covenants for the subdivision, noting that a number of people will probably raise the issue during the public hearing. He cautioned that review of the covenants has revealed the City is not a party to them and, therefore, staff's recommendation is based strictly on the zone code. Mr. Dick Prugh, architect representing the applicant, stated they are not asking for anything not provided for in the zone code. He indicated a willingness to make the change identified by Senior Planner Skelton, noting that they had viewed the property line as a side yard rather than a rear yard. He noted that the same amount of green space and parking will be provided, just with a different setback. He concluded by indicating a willingness to respond to questions. Responding to Mayor Pro Tempore Cetraro, Senior Planner Skelton stated that more than 50 percent open space is being provided in this project. Mr. Devlan Geddes, Goetz, Gallik, Baldwin and Dolan, stated he represents the fraternities that own Lots 2, 3 and 8 in Greek Way Subdivision. He noted they have filed a complaint for declaratory relief and an order from the court which imposes the protective covenants. He provided some history of the subdivision, noting that in 1964 when Montana State University created Greek Way Subdivision, it was for the purpose of Greek fraternity and sorority houses. To implement that plan, covenants were imposed; but the plat did not include the covenant that imposed a single-family house restriction, under which a sorority house or a fraternity house could be constructed. Between 1965 and 1968, seven of the nine lots were sold under twenty-year amortization certificates that included the single-family restriction. However, at the end of that twenty-year period, the certificate expired. In the meantime, staff at MSU changed and the fact that the subdivision plat did not contain the single-family restriction was forgotten. He indicated that some of the deeds include the covenant while others don't, but it is his position that the covenant still applies. Mr. Ken Walsh, President of the AGR fraternity, stated that the fraternity owns Lots 2 and 3, purchasing the first lot in 1964 and the second lot in 1987. He noted that the lots within Greek Way Subdivision are oversized, to accommodate chapter housing, parking and activities. He stated that fraternity and sorority houses are built for college men and women to encourage fellowship, leadership and a living environment. He stressed that they are more similar to a home than to a dormitory or apartment complex. He indicated that both AGR and Sigma Nu have made substantial improvements over the past few years, and the area is compatible to their needs. He cautioned that the proposed apartment complex will double the density on these lots and compound traffic and parking problems. If it is allowed to proceed, it could set a precedent for the other available lots, further compounding infrastructure problems and the potential for conflict; and it could lead to increased liability insurance for the fraternities and sororities. He concluded by asking the Commissioners to either delay the decision or deny the application. Mr. John Luebbe, 1524 South Third Avenue, expressed concerns about increased density, stating he knew he would be living with fraternities and sororities but did not know he'd also be living with multi- family units. He voiced appreciation for the decreased traffic issues that have resulted from the changes to South Third Avenue; however, he noted that those issues will surface again with this proposal. 06-23-03 ------ -- -- --.-....------.--.-------.---- ----------------- - 14- Mr. Taylor Brown, AGR fraternity, stated that adding 32 apartment units is a tremendous increase in an area with serious parking and traffic problems. He cautioned that 64 parking spaces will not be adequate, and there is no on-street parking available. He noted a preliminary injunction has been requested for enforcement of the intent of the subdivision. He expressed concern that approval of this application could lead to further dense development and result in issues of police protection and increased insurance liability. Mr. Bob Lashaway, Montana State University, stated the Greek Way Subdivision was originally an opportunity to consolidate all Greek housing near the University but separate from the residential community. He noted the concept is viable, and he would prefer to see all lots develop under the original concept. He cautioned that approval of this project will destroy the intended separation for the Greek houses and could result in incompatibility because of the differences in life styles between the traditional Greek housing and non-Greek housing. Mrs. Courtney Stryker, 1624 South Third Avenue, stated herfamily moved into their home two years ago, after being informed by MSU that the land on Green Way had covenants restricting development to Greek houses. She noted that in November 2002, the neighbors protested a proposed land swap between MSU and a private developer; and that swap did not occur. She stressed that she is not against development, but is concerned about the impacts of unregulated development and the potential that the apartment complex could become a college student ghetto. She noted that she can deal with the noise and litter from fraternities, since she's the Dean of Students; however, she cannot regulate an apartment building. She also voiced concern about the impacts on insurance and the loss of a family-centered neighborhood as homeowners sell their homes because of the impacts of a few cheap apartments. Mr. Chris Stryker, 1624 South Third Avenue, stated that when the Liebmanns purchased the two lots, neither Montana State University nor the Greek coordinator was aware of the transaction or that the fraternity and sorority no longer owned them. He noted that MSU does not want this development, but efforts by MSU to reclaim these lots have been unsuccessful; and other property owners on Greek Way also don't want this development. Furthermore, he noted the residential area adjacent to the campus does not want this development. He concluded by asking the Commission to recognize the intent of the Greek Way Subdivision and to not approve this request. Ms. Eileen Carpenter, 1542 South Grand Avenue, stated her concurrence with the previous speakers, noting she and her husband are totally against this development. Mr. Ron Ramsfield stated he has worked for MSU for thirty years and has seen "some good administrators and a lot of bad administrators" during that time. He noted the Commission has the opportunity to correct a grievous error by administrators, noting the land was purchased in good faith to be used for fraternities and sororities. He expressed concern about traffic as a result of this type of development, noting he quite often drives farm machinery along Kagy Boulevard. He also noted that if the neighbors have problems with those in the fraternities and sororities, they can simply contact the administrators at MSU to address the issue. However. he cautioned that mechanism is no longer available if the apartments are approved; and the result is additional problems for the police force. Mr. Rance Gerdes, AGR alumnus, noted many good points have been raised and stated he wants to see these lots further reviewed for covenants. Mr. Bob Ralston, AGR, expressed his opposition to the project, noting many good points have been raised tonight. He also noted that he feels the property purchase was improper. Mr. Torlief Aasheim, AGR, stated he has lived in Bozeman since 1933 and has been involved in the fraternities for many years. He noted that many have assumed the covenants for the Greek Way Subdivision were in place and that any development would be in accordance with them. He stated that to allow the construction of apartments in this area will result in conflicts and increased calls to the Police Department. Mr. Aaron Iverson, Active Chapter President, AGR, stated that the proposed development backing up to the fraternity house is unacceptable. He noted that parking is allowed on only one side of Greek Way, and it is filled with MSU employees' cars by 7:00 a.m. each day; and he fears parking will become a major problem if this apartment complex is allowed. 06-23-03 ---------------.-----..---...." - .---.----,. -- --- --...--------...------..----- _____.._._.._.n__....._.. . - 15 - Senior Planner Dave Skelton reminded the Commission that staff, including members of the Development Review Committee, has determined the project, approved with the conditions recommended by staff, would meet the requirements of the zone code. He also noted that covenants are often more restrictive than the zone code, but the City is not in a position to enforce them unless they are part of a planned unit development. He also cautioned that the City cannot correct the errors made by Montana State University personnel, since it is not a party to the protective covenants. He recognized the concerns of the neighbors but reminded the Commission that its decision must be based on the zone code, per the advice of legal counsel. He concluded by noting there have been several references to traffic impacts; however, it has been determined the level of service at the intersection of Kagy Boulevard/South Willson Avenue/South Third Avenue will remain at a Level of Service C with this project. Responding to Commissioner Brown, Senior Planner Skelton stated he did not investigate the protective covenant issue at the Clerk and Recorder's Office, since that issue is outside the City's purview. Responding to Commissioner Youngman, the Senior Planner stated that 64 on-site parking spaces are being provided. Commissioner Hietala asked for a history of the zoning on this property and whether the zoning has been changed. Planning Director Epple responded that it has been zoned "R-3" for several years, and the zone code pertaining to that zoning district has not been revised in several years. City Attorney Luwe noted that the subject property was zoned "AA" in 1965, which was the previous single-family zoning designation; and he suggested the zoning may have been changed when the new zone code and zoning designations were implemented in 1972. Further responding to Commissioner Hietala, Senior Planner Skelton stated that, excluding setbacks, 40 percent of the lots may be covered; and under this proposal, 15.9 percent of the lots is to be covered. He then noted that the applicant has proposed a two-story complex, which complies with the zone code and is in keeping with the surrounding area. Mr. Dick Prugh showed a map of the area, identifying the MSU campus and the "R-3" and "R-4" zoned properties surrounding the campus. He stated this subject area is more convenient for students walking to campus than other sites close to campus. He stressed that the design of the buildings and the materials used are compatible with those on campus and are in scale with surrounding buildings. He acknowledged that under the zone code, the buildings could be three stories; but the plan submitted allows every unit to have a ground floor and a second floor. He concluded by stating the proposed complex is almost identical to the Cottonwood Apartments on South 19th Avenue, which the applicants also own. Mr. Tom Stonecipher, attorney for the Liebmanns, stated many of the issues raised at this hearing will be addressed at the injunction hearing. He noted that he disagrees with some of the assertions made; however, those issues are to be worked out in the proper forum and not at this meeting. Since there were no Commissioner objections, Mayor Pro Tempore Cetraro closed the public hearing. Commissioner Brown noted that the Commission cannot consider the restrictive covenants, per staff's advice. Since the project does not include any variances or deviations and meets the applicable criteria, he is obligated to approve the application. Commissioner Youngman indicated she has drawn the same conclusion. She recognized it can be tricky to maintain neighborhoods and keep them liveable, but it is imperative for the Commission to follow its rules. She noted that the other issues will be addressed in the court system. Mayor Pro Tempore Cetraro noted that staff's evaluation makes it clear this project complies with the City's regulations. Commissioner Hietala indicated that he, too, is obligated to approve this application with the recommended conditions. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Major Site Plan requested by Prugh & Lenon Architects for Steve and Marianne Liebmann under Application No. 06-23-03 - 16 - Z-03094, to allow the construction of eig ht fou r -un it multi pie-household dwell i ng un its on Lots 4 and 5, Greek Way Subdivision be approved, subject to the following conditions: 1. The final site plan shall be adequately dimensioned. 2. A Storm water 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 storm water 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 line or fire protection system. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. 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 (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. 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 shall be provided around the entire new parking lot perimeter and adequately identified on the final site plan. 10. All existing utility and other easements must be shown on the final site plan. 06-23-03 -.---..---. -.,."... .... --....------ -.---.. .--.-----------------.-.-------------- -.--....-..- ____n____._ - 17 - 11. 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). 12. Drive approach and public street intersection sight triangles shall be free of plantings, which at mature growth will obscure vision within the sight triangle. 13. That the Landscape Plan will need to provide a typical landscape detail of the interior off-street parking lot landscape showing the quantity and layout of landscape features, for review and approval by the Planning Office. Boulevard trees fronting onto Kagy Boulevard may need to be installed within the interior of lot due to the amount of utilities in the boulevard. 14. 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 a minimum twenty (20) foot wide yard setback. 15. The applicant shall provide written approval from local waste services for the collection and removal of solid waste and/or provisions for screening of collection refuse areas. 16. 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. The monument sign shall be a minimum of five (5) feet from the property line and noted accordingly on the site plan. 17. That the applicant specify the exterior light fixtures, both free-standing 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 to 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 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 Warbler Way for review and approval by the Planning Office. 18. All retention/detention ponds and drainage swales located in the required yard setbacks shall not exceed a maximum slope of 1-in-4 and a depth of 1 ~ feet (i.e., 25- percent slope), 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 tq final site plan approval. 19. 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. 06-23-03 - 18 - 20. 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. 21. 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. 22. 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. 23. 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. 24. 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 has been satisfied. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown and Mayor Pro Tempore Cetraro; those voting No, none. Break - 8:30 to 8:35 p.m. Mayor Pro Tempore Cetraro declared a break from 8:30 p.m. to 8:35 p.m., in accordance with Commission policy. Public comment No public comment was received under this agenda item. Discussion (continued) - FYI Items (13) City Manager Johnson addressed the petition from employees at the Law and Justice Center, which was included in the packet. He noted that monies for air conditioning at the Law and Justice Center have been in the budget for the past two years, and Dorothy Bradley is working on the issue. (14) City Manager Johnson distributed two documents pertaining to the possible purchase of the John Mandeville farm for the transfer station. He indicated that this item will be placed on the July 7 agenda for discussion and action, and information similar to that provided at other siting meetings will be presented. He indicated that the farm contains 86 acres and suggested that if it is purchased, the City Shop Complex could possibly be located on a portion of it. He indicated that conversations with the State have revealed they may be interested in relocating their shop facility from North Rouse Avenue to this site, and Gallatin County could be interested in relocating its shops as well. 06-23-03 - 19 - Commissioner Youngman suggested that the task force be invited to attend the July 7 meeting and, if they desire, to possibly meet and rank the site prior to that meeting. She also asked that the commercial and residential neighbors to this site be invited to attend the Commission meeting. Responding to Commissioner Hietala, the City Manager stated that water and sewer are available to the site, and natural gas lines run through the property. He stated that the one issue is access, since Red Wing Drive is located on railroad property and the access to the Mandeville farm is via an agricultural access easement from the railroad. He suggested that access via the extension of Flora Lane might be preferable. Responding to Commissioner Brown, the City Manager acknowledged there is the potential of a rail spur to this property. (15) City Manager Johnson announced that he will be attending a planning meeting of the 9-1-1 Administrative Board all day Tuesday. (16) Planning Director Epple submitted the following. (1) Noted the Historic Preservation Days events were well received. (2) Announced that Historic Preservation Officer Hillary Hertler will be returning to Washington, D.C. in September, leaving that position open once again. (17) Planning Director Epple stated that the City Planning Board members asked about the staggering of terms on the board. He noted that all terms currently expire on January 31,2004; and the members have indicated interest in staggering the terms to ensure some continuity. Commissioner Brown indicated he is sympathetic to their interest. Mayor Pro Tempore Cetraro requested additional background information and the rationale for the request; Planning Director Epple responded that he will provide that information in a memo to the Commission within the next couple of weeks. (18) City Attorney Luwe announced that he was in Helena for meetings for the courts of limited jurisdiction and MMIA on Thursday and Friday. He stated that he has been pushing for insurance coverage on zoning decisions by Commissioners; and action on his motion to proceed with such coverage was delayed for a month. (19) Commissioner Youngman announced that at the Montana League of Cities and Towns Board of Directors meeting on Thursday, the Board voted unanimously to petition the court for permission to submit an amicus brief on House Bill 758 after a lengthy and interesting discussion in which members carefully weighed the consequences, options, and protection of self-government powers. She indicated that this action may affect the Commission's decision on July 14. (20) Commissioner Brown stated he participated in the weed pulling event on Saturday morning, sponsored by the Gallatin County Weed Board. He stated that they pulled a lot of noxious weeds in Lindley Park and on Peets' Hill, and those areas are now deemed to be under control. He recognized that Superintendent of Facilities and Lands James Goehrung does a good job of controlling noxious weeds on City land, noting it is impossible to eliminate them. Adjournment - 8:58 D.m. There being no further business to come before the Commission at this time, Mayor Pro Tempore Cetraro adjourned the meeting. A~RO' 2r Pro Tempore ATTEST: (2kJ~ ROBIN L. SULLIVAN Clerk of the Commission 06-23-03 -..-.....-- -.-..-.-...---.-.... --...--.-..---.-....---..-..... .... --..-.-----