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HomeMy WebLinkAbout2003-05-12 Minutes, City Commission .. .-. _ --.. -........" .------.----.. ....---.-----.--- -.-.---------.--------------.--..-.--.... - MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA May 12, 2003 ***************************** At 2:15 p.m., all of the Commissioners and City Manager Johnson met at the Story Mansion to plant two trees in celebration of Arbor Day. The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, May 12, 2003, at 3:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner Marcia Youngman, Commissioner Lee Hietala (arrived at 3:05 p.m.), Commissioner Jarvis Brown, Commissioner Andrew Cetraro, City Manager Clark Johnson, Director of Public Service Debbie Arkell, Planning Director Andy Epple, City Attorney Paul Luwe and Clerk of the Commission Robin Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes ~ January 18. 2000. and April 28 and May 5.2003 It was moved by Commissioner Youngman, seconded by Commissioner Brown, that the minutes of the meeting of May 5, 2003, be approved as amended. 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. Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, and April 28, 2003, to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Ordinance No. 1596 ~ zone map amendment ~ amend zonina desianations on specified lots in StoneRidae PUD Subdivision. Phase 2A and 2B. from "R~O" to "B~1" and from "B~1" to "R~O": provisionallv adopt and brina back in two weeks for final adoption ORDINANCE NO. 1596 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP ZONING DESIGNATION FROM "R~O" (RESIDENTIAL OFFICE DISTRICT) TO "B~1" (NEIGHBORHOOD SERVICE DISTRICT) ON FOUR LOTS AND AMENDING THE CITY OF BOZEMAN ZONE MAP ZONING DESIGNATION FROM "B~1" (NEIGHBORHOOD SERVICE DISTRICT) TO "R~O" (RESIDENTIAL OFFICE DISTRICT) ON THREE LOTS, ALL LOCATED IN STONERIDGE P.U.D. SUBDIVISION, PHASES 2A AND 2B, BOZEMAN, MONTANA. Commission Resolution No. 3593 ~ create SID No. 674 ~ street. water and sewer improvements in Bridaer Center Subdivision COMMISSION RESOLUTION NO. 3593 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 674; CREATING THE DISTRICT FOR THE PURPOSE OF UNDERTAKING CERTAIN LOCAL IMPROVEMENTS AND FINANCING THE COSTS THEREOF AND INCIDENTAL THERETO THROUGH THE 05-12-03 - ------ -- -- ~-- - 2 - ISSUANCE OF SPECIAL IMPROVEMENT DISTRICT BONDS SECURED BY THE CITY'S SPECIAL IMPROVEMENT DISTRICT REVOLVING FUND AND ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE. Commission Resolution No. 3594 - establishina 2003 Sidewalk Proaram and ordering installation of sidewalks alona sDecified streets COMMISSION RESOLUTION NO. 3594 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING THE "2003 SIDEWALK PROGRAM" AND ORDERING THAT SIDEWALKS BE INSTALLED IN CERTAIN AREAS OF BOZEMAN, AS PROVIDED FOR IN SECTIONS 7-14-4109 AND 7-14-4110, MONTANA CODE ANNOTATED. Acknowledae receiDt of reauest for annexation - Robert and Kathleen Mielnik -1602 and 1604 MaDle Lane. containina a total of 29.218 sauare feet: refer to staff Confirm Mavor's aDDointment of Mark Evans as County reDresentative on the City Plannina Board. Der County Commission recommendation. with term to eXDire on Januarv 31. 2004 Authorize City Manaaer to sian - Amendment No. 2 to Professional Services Agreement for EXDedited Land DeveloDment Review Services (Baxter Meadows Subdivision) - Morrison-Maierle. Inc. Authorize City Manaaer to sian - Tower Lease between WWC Holding Co.. Inc.. and the Gallatin County/City of Bozeman Joint Communications/DisDatch Services (Three Forks site) Authorize City Manaaer to sian - AcceDtance of Warrantv Deed - Sadun S. Tor and Alice S. Tor. 1005 West Durston Road - riaht-of-wav along north side of Durston Building InsDection Division reDort for ADril 2003 Claims It was moved by Commissioner Brown, seconded by Commissioner Cetraro, 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 Cetraro, Commissioner Youngman, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. Staff Dresentation re traffic calming in northwest Quadrant. Darticularlv on North 20th. 21 st. 22nd and 23rd Avenues Included in the Commissioners' packets was a memo from Engineering Assistant Andy Kerr, dated May 6. Also included in the packets was a letter from Barbara Summers, 502 North 20th Avenue, expressing support for traffic calming measures on North 20th Avenue. Engineering Assistant Kerr briefly reviewed the history of concerns about traffic volumes on North 20th Avenue and the effort to address those concerns by placing a gate across the street at mid-block for a few years. He noted that, in a new effort to address those traffic concerns, the neighborhood proposed the installation of a diverter at the intersection of North 20th Avenue and West Beall Street, but the Commission found that proposal unacceptable and directed staff to work with the neighborhood to find something less drastic that would allow access yet control speed. As a result of meetings with the neighborhood, staff is now submitting a proposal to install three speed humps on each of the following streets: North 20th Avenue, North 21 st Avenue, North 22nd Avenue and North 23rd Avenue between West 05-12-03 ----".---.- - 3 - Beall Street and Durston Road. He suggested that the speed humps be installed only after a supermajority of the residents has agreed to their installation. The Engineering Assistant stated he has talked to the Fire Division, which does not support the installation of speed humps because of the increased response time that will result. He has also talked to the Street Division, which has indicated no anticipated problems with the installation of the humps. Engineering Assistant Kerr turned his attention to upcoming improvements that may affect the amount of traffic on the adjacent neighborhood streets, including the 19th Avenue/West Main Street intersection improvements and improvements to Durston Road. He noted that the improvements on Main Street will include a median that may preclude left turns onto North 20th Avenue; and the preliminary design for improvements on Durston Road includes a median that extends past North 20th Avenue, precluding left turns onto or off North 20th Avenue. He cautioned, however, that the median is not proposed to extend past North 20th Avenue, which may result in additional impacts on the other streets. The Engineering Assistant noted that his previous memo regarding speed humps, dated January 29, 2003, was included in the packets. He noted that, rather than speed humps, staff proposes speed tables, which are essentially straight sections about 22.feet long with flat tops and tapered edges. He noted this will have less impact on emergency vehicles and are easier to construct than the parabolic shape of a speed hump. Responding to questions from Commissioner Brown, the Engineering Assistant stated that many communities are switching from speed humps to speed tables and have found them effective. He noted the residents' main concern is speed, and the response to this proposal has been generally favorable. Responding to questions from Commissioner Cetraro, Engineering Assistant Kerr noted the diverter at the intersection of West Beall Street and North 20th Avenue was the neighborhood's preferred alternative, but was not accepted by the Commission since it would make access to Kirk Park more difficult. He stated that the speed table option seems to be the best alternative that allows for keeping the street open and yet addressing the neighborhood concerns. Responding to Commissioner Brown, the Engineering Assistant estimated the cost of each speed table at $3,000, or a total of $36,000 for the twelve speed tables proposed. He indicated that the Street Division could probably install the speed tables, but he's not sure staff would have the time to accomplish this additional work. He then noted approximately $60,000 has been set aside in the City's budget for addressing these traffic issues. In response to questions from Mayor Kirchhoff, the Engineering Assistant confirmed that if a super- majority of the residents cast votes in support of this option, staff will prepare to have the work done. Commissioner Cetraro suggested that the speed tables not be installed until after the improvements to the intersection of 19th Avenue and West Main Street have been completed, to see if they alleviate the pressure on these streets. Commissioner Youngman noted that various Commissions since 1990 have been waiting to see if changes to streets and intersections would reduce the impacts on these streets, and that has not occurred to date. She recognized that part of this is due to the lack of cross streets in this immediate area, and noted that some method for discouraging through traffic is needed. Commissioner Hietala suggested that staggered bulbs along these streets, which would give a visual constriction, might be an alternative. He expressed concern that if the speed tables work well in this area, other neighborhoods will want them. Engineering Assistant Andy Kerr noted that, several years ago, the City committed to paying for the traffic calming on these streets; however, the neighborhood is typically responsible for covering the costs of such devices. Mayor Kirchhoff recognized that the neighborhood is generally supportive of this alternative, and he recognizes the traffic flow problems that it is encountering. 05-12-03 - -------------.-.----------..- --.----.--".--... - 4 - Mr. Dick Fulcher, 407 North 20th Avenue, thanked Engineering Assistant Andy Kerr for his efforts. He noted that his family moved into their home on the day in 1990 that the barricade was installed, and they enjoyed the lack of traffic. He stated that this street has a normal flow of traffic except for 8:00 a.m. and 5:00 p.m. when people are bypassing North 19th Avenue. He then expressed his support for the installation of speed tables, noting that it is the only acceptable mechanism that has been identified for helping to control the speed on these neighborhood streets. Responding to questions from Commissioner Cetraro, Commissioner Youngman stated that three different efforts have now been made over the past eight years to find an acceptable solution to the traffic issues on these streets. She cautioned that if three options are given at this time, none of them will receive a majority. Further responding to comments from Commissioner Cetraro, City Engineer Rick Hixson stated that speed is one of the major issues on North 20th Avenue. He stressed that a variety of alternatives for traffic calming have been considered and it seems that speed tables, speed bumps and speed humps are the only remaining options. Mayor Kirchhoff proposed that the Commission direct staff to proceed with submitting the speed table proposal to the neighborhood, as outlined in the memo; the Commissioners concurred. Staff presentation re desian options for North 19th Avenue and Vallev Center Road improvements Included in the Commissioners' packets was a memo from Project Engineer Susan Stodola, dated May 8, 2003, regarding design options for improvements to North 19th Avenue. City Engineer Rick Hixson stated that staff is working through the process of creating an SID and designing the improvements to Valley Center Road. He noted this road is identified as an arterial in the transportation plan, and staff is trying to identify creative ways to install that type of roadway while keeping the cost as low as possible. He stated that the two options provided in the packet are not typical sections from the transportation plan, but contain the desired elements. He then indicated that staff will be meeting with representatives from the Montana Department of Transportation in Helena on Friday and asked that Commission discussion on this item be delayed for one week. Review of site plan for phased development of two parkina lots and construction of an enclosed restroom and shelter buildina MAdam Bronken Memorial Park (southwest corner of intersection of Durston Road and Cottonwood Road) (ZM03077) Included in the Commissioners' packets was the staff report for the phased development of the Adam Bronken Memorial Park, located at the southwest corner of the intersection of Durston Road and Cottonwood Road. Urban Designer Candace Honatke presented the staff report. She noted that the parking lots are accessed from Cottonwood Road and serve the adjacent soccer fields. She stated the lots are currently rough gravel, without infrastructure. In addition, an enclosed restroom and shelter building is to be constructed. She indicated that, while the subject property is a City park, the user groups are making the improvements; and it is anticipated they will be done in phases to make the project affordable. The Urban Designer noted that staff has reviewed this application in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. She briefly summarized those findings and highlighted some of the recommended conditions of approval. Planning Director Epple reminded the Commissioners that, when this property was still in private ownership, a full site plan review of the park was completed. At that time, the applicants were unable to proceed beyond the underground irrigation system and turf for the soccer fields, which should be ready for the fall soccer league. He indicated that, if the Commission approves this application, construction of the parking lots and the building will proceed under the supervision of Superintendent of Facilities and Lands James Goehrung and Parks Foreman Ron Dingman. No one was present to speak in opposition to the proposed improvements. 05-12-03 ._-"--'-_._--_._---~---_._-"._------ --------..--.. ,. - 5 - It was moved by Commissioner Cetraro. seconded by Commissioner Youngman, that the phased development of the Adam Bronken Memorial Park, located at the southwest corner of the intersection of Durston Road and Cottonwood Road, as requested under Application No. 2-03077, be approved subject to the following conditions: 1. Bicycle racks shall be installed in safe areas for use by park visitors. 2. Automatic irrigation systems should be applied to all trees, shrubs and lawn areas. 3. The applicant is deficient in meeting the requirements of Chapter 18.49 of the Bozeman Municipal Code, which outline the landscape requirements. Applicant shall submit a revised landscape plan with the final site plan package, subject to review and approval by Administrative Design Review staff that include all of the requirements of this chapter. 4. All areas intended for permanent parking and ingress/egress shall be paved with concrete or asphalt and be marked with painted lines. The "phased" nature of this development would call for a gravel parking lot for the interim and the eventual transition of the parking lot into a fully developed, paved, striped and improved infrastructure. 5. Necessary sign permits shall be obtained, as required by the Bozeman Municipal Code through Vicki Hasler, Code Enforcement Officer at the Department of Planning and Community Development, 20 East Olive Street. prior to the installation of any new signage. 6. The applicant must submit seven (7) copies of a final site plan within six months of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Department. 7. Landscape plans shall be prepared by a qualified person such as a registered Montana landscape architect; an individual with a degree in landscape architecture and two years of professional design experience; or an individual with a degree in a related field (such as horticulture, botany, plant science, etc.) and at least five years of professional design experience per Section 18.49.040.C.3. 8. All canopy trees shall be planted at least four feet from paved surfaces and parking areas per Section 18.49.060 of the Bozeman Municipal Code. 9. According to Section 18.50.035.A, Bozeman Municipal Code, lighting plan shall incorporate deflection of light downward and away from existing properties. All existing and proposed lighting fixtures and lamps must be designed within the code requirements. 10. The applicant has proposed two handicapped accessible parking spaces in each parking lot, on-site. According to Section 18.50.110.F.3, three handicapped accessible spaces would be required for each parking lot, on site. The final site plan shall be submitted to illustrate these requirements. 11. The proposed parking lot indicates that one row of parking has twelve (12) parking spaces in a row. Section 18.49.060.2.e.(ii). requires parking rows to be a maximum of one hundred feet in length. The final site plan shall be submitted to illustrate these requirements. 12. A Stormwater Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease, and other pollutants must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations), stormwater detention/retention basin details (including basin sizing and discharge calculations, and discharge structure details), stormwater discharge destination, and a storm water maintenance plan. A stormwater easement must be established on the adjacent property and filed with 05-12-03 ----.--- --.-.-."...-....---- ------.-.-- - 6- the County Clerk and Recorder's Office for the retention pond and discharge course if located off the subject property. 13. The drive approach shall be constructed in accordance with the City's standard approach (Le., concrete apron, sidewalk section and drop-curb) and shown as such on the final site plan. A City Curb Cut and Sidewalk Permit shall be obtained prior to final site plan approval. 14. If construction activities related to the project result in the disturbance of more than five (5) acres of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality, Water Quality Bureau, shall be contacted by the applicant to determine if a Stormwater Discharge Permit is necessary. If required by the WQB, an erosion/sediment control plan shall be prepared for disturbed areas of five acres or less if the point of discharge is less than 100 feet from State waters. 15. The castings to be used over the sewer service cleanouts shall be reviewed and approved by the Water and Sewer Superintendent. 16. All references to future street names shall be removed from the final site plan. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No, none. Informal review - maior subdivision Dre-aDDlication for Baxter Meadows PUD. Phase II - mixed use develoDment of :t54 acres located north of Baxter Lane and west of Davis Lane (P-03015) Included in the Commissioners' packets was a staff report for the proposed subdivision of :t54 acres located in Baxter Meadows Subdivision into lots for commercial and mixed-density residential development. Contract Planner Lanette Windemaker noted that this informal review is for Phase II of the Baxter Meadows PUD. She stated that a majority of this property is zoned "BP," Business Park, and the applicant is applying for rezoning to "B-2," Community Commercial, and a slight expansion of the "R-3," Residential-Medium-density, zoning designation. The Contract Planner stated that staff has reviewed this application, and their findings are contained in the staff report. She noted that only 12 percent of the property is proposed as open space, which is significantly lower than the 30 percent required for planned unit developments. Also, she noted that the applicant is requesting non-standard streets with diagonal parking, which triggers the requirement that they be private streets because of maintenance and snow removal issues. She further cautioned that the proposed development will trigger a number of requests for zoning waivers. Responding to Commissioner Brown, the Contract Planner stated that the existing height limitation is 38 feet and confirmed that the applicant has proposed a 96-foot structure. Mayor Kirchhoff noted that he has previously had conversations with Jerry Williams on this issue and has focused on his desire to maintain respect for the core of the city. As a result, he has discouraged competition with the downtown or construction of a 96-foot-high building. Contract Planner Windemaker indicated that staff, too, is concerned about the numerous exceptions that are being requested to allow buildings to exceed the height limitations, to not impose lot coverage requirements, to not impose minimum yard setbacks, to not require minimum lot widths, and to relax landscaping requirements. Responding to Commissioner Brown, Contract Planner Windemaker stated that village homes are proposed on the 2,700-square-foot lots. Mr. Jeff Kanning, architect representing Baxter Meadows Development, noted this is the second of a six-phase development. He noted that this phase includes the neighborhood center as well as four sizes 05-12-03 .-.---- ----.--...- - 7 - of houses, some of which will be located on smaller lots. He stressed that every effort is being made to meet the 3D-percent open space requirement for the overall project; however, he acknowledged that some of the phases may not meet that requirement. He acknowledged that this phase does not meet that 30- percent requirement because of the neighborhood center. He indicated that the proposed streets through the neighborhood center do not meet City standards and, therefore, will be private streets. He concluded by noting that the Trakker Building, which is to be the first development within this phase, will be before the Commission this evening for consideration, along with a zone map amendment for the entire parcel. He concluded by encouraging the Commissioners to consider Baxter Meadows Subdivision in its entirety, not in parts, when providing comment on this informal application. Responding to Mayor Kirchhoff, Mr. Kanning stated that Phases III through VI are generally designed, including the street layout and lot sizes. He indicated that, excluding the regional park, the open space for Baxter Meadows Subdivision is close to 30 percent. He noted that if the subdivision receives open space credit for the regional park, the design of some of the phases may be changed. Mayor Kirchhoff noted that he is willing to be fairly flexible on considering the open space provided within the overall planned unit development; however, mentioning the regional park "makes my hair stand up." He stated that he will not calculate open space on land purchased by another entity. Responding to questions from Commissioner Brown, Mr. Kanning indicated that 28 or 29 percent open space is provided with Phase I. He acknowledged that the open space for Phase II is less than required, with the commercial development and the village homes on smaller lots, but noted that a larger percentage of open space will be provided around the estate houses. Commissioner Youngman expressed her concurrence with Mayor Kirchhoff's comments regarding the regional park not counting toward the open space requirement. Commissioner Brown indicated that he agrees in concept, but suggested another issue to consider is whether credit will be given for improvements made to the regional park purchased by the County. Commissioner Hietala indicated that he, too, agrees with Mayor Kirchhoff, noting that credit cannot be given for what's been purchased. Commissioner Cetraro noted his agreement with Commissioner Hietala's statement. In response to City Manager Johnson, Planning Director Epple estimated that 25 to 27 percent open space is being provided for the overall subdivision, based on the preliminary plans City Manager Johnson asked if the Commissioners are willing to acknowledge that, while the open space for one phase may be less than required, the overall project is close to meeting the code requirements. He also asked staff if there is a way to ensure that if the open space for one phase is less than required that it will be made up in a future phase. Planning Director' Epple noted that when the issue of deficiencies in open space for specific phases was initially broached, staff felt it would be appropriate. At that time, however, he stated they did not anticipate a proposal for only 12-percent open space in Phase II. He indicated that, if staff can see where that shortage will be made up in future phases, this proposal could be supported. Further responding to City Manager Johnson, the Planning Director indicated that this subdivision is being developed under a conditional use permit for a planned unit development. As a result, the conditions of approval are filed with the Clerk and Recorder's Office and attach to the land. He then noted that, if the applicant wishes to gain approval of a decrease in open space requirements, he may purchase land somewhere else in the area to add to another park. City Manager Johnson asked if there would be any problem in giving credit for improvements to the regional park when the cash-in-lieu fees may be used for improvements on property not owned by the City. Mayor Kirchhoff asked if there are any remaining questions to be addressed. Mr. Jeff Kanning responded that one remaining question is whether the City is willing to look at parking and landscaping for the neighborhood center and not individual lots. Four of the Commissioners 05-12-03 - 8 - indicated a willingness to do so; Commissioner Brown indicated he is somewhat uncomfortable with delaying all requirements to subsequent phases. He also finds the number of deviations being requested is overwhelming. Mayor Kirchhoff suggested that, if the open space requirements for a certain phase are not met, a condition could be attached to establish a deadline for when the project is to provide the required amount. Planning Director Epple responded that is possible and suggested that if the Commission wishes, it could require that information prior to final platting of Phase II. Mr. Jeff Kanning indicated that he has the information on open space for the total project and can provide it in conjunction with Phase II. Responding to Commissioner Youngman, Mr. Kanning indicated that some of the bungalows in Phase II will be sold for $135,000 to $138,000, to meet the developer's commitment to provide affordable housing within this subdivision. Mayor Kirchhoff thanked the applicant for the opportunity to review this pre-application. Break - 4:17 to 4:22 p.m. Mayor Kirchhoff declared a break from 4:17 p.m. to 4:22 p.m., to prepare for the work session with the Library Board of Trustees. Work session with Library Board of Trustees In addition to the Commissioners, the following were present for the work session. City staff - Alice Meister, Director of Libraries Library Board of Trustees members - Jerry Bancroft, Holly Brown, Brenda Molen Davis, Robert Gutzman and Alan Kesselheim Mayor Kirchhoff welcomed the Library Board members and thanked them for attending. Ms. Brenda Davis, Chair, distributed several information sheets on the Library, and thanked the Commissioners and numerous City staff for their support and assistance on the new Library site and project. Mr. Jerry Bancroft, Building Committee Chair, noted he is also the Dean of Architecture at M8U. He noted that the information distributed includes a background statement and identifies how the $13 million project is to be funded. He stated that the Library Board of Trustees identified fourteen guidelines for the new library project before proceeding with finding a site and hiring an architect. He briefly reviewed those fourteen guidelines. Mr. Bancroft noted that research has revealed a 49,000-square-foot building is needed to meet the needs of the library, and a feasibility study indicated that $5 million in funds can be raised within the community to support the project. He stated that the first priority site was the existing location; but after that could not be accomplished, they went down the list of the 21 sites initially identified. He noted that the $4 million general obligation bond issue approved by the voters has allowed for purchase of the old CMC property and for clean up of that site to date. Mr. Bancroft noted that an architect has been retained, a series of public involvement events have been held, and a construction manager has been hired. Also, the schematic design has recently been accepted, and copies of that design are included in the information distributed. Mr. Jerry Bancroft noted that remediation of the site will be a tremendous enhancement for the community, allowing it to become a public amenity. He asked if the City is willing to partner on this project if the Library does not have adequate funding. 05-12-03 ------ ------------------------------------------------------- ......----- -.. --..----.-.....--.. ......_..._.._~_._.....__.".- .-.------..--.-..---..---.-------------------..-.-.---.-.-------.-- --.-.--..--- - 9 - City Manager Johnson noted that landfill staff are becoming concerned about the available space at the landfill and have indicated an interest in having the waste from this site deposited as soon as possible. Ms. Brenda Davis stated that no remediation will occur during the Sweet Pea Festival, and the contractor is given 84 days to complete the work. As a result, the contractor is suggesting that mobilization may occur prior to Sweet Pea, with work beginning in August after the Festival is over. Ms. Holly Brown noted that Resource Technologies, Inc., the consultant engineer, plans to have people on site during the remediation work; and the Montana Department of Environmental Quality has indicated it also intends to have people on site to monitor the work and will charge by the hour for that monitoring. Mr. Bancroft identified some of the components of the project, including the building, parking, protection of Peets' Hill, extension of the trail system, and possibly incorporation of the old depot into the project. He cautioned that study of the depot and its location has resulted in the determination that it must be removed; and he forwarded the Board's proposal that it be photographed, that drawings be completed to document it, and that it be dismantled and possibly reconstructed in another location. He concluded by noting that the Board hopes to bid the new library in January and to have construction completed in the Winter of 2005. Responding to Ms. Holly Brown, Mr. Bancroft stated the depot is 1,400 square feet. Responding to Mayor Kirchhoff, Ms. Brown stated informal inquiries have been made about the depot, but no firm proposals have been made. Ms. Brenda Davis noted that the last municipal building to be built in Bozeman was the current Library, which was constructed twenty years ago. She stated the Library wants to be part of a team with the City. She indicated that Mr. Mark Johnson, Resource Technologies, Inc., has indicated a willingness to give tours of the site any time before remediation starts. She noted that the costs of remediation are estimated at $1 million; and if those estimates are exceeded, the Board will approach the Commission for assistance with those costs. She indicated that when cost cuts for this project were made, site improvement costs were among those significantly reduced, and suggested that using trees from the City's nursery could further help to reduce costs while providing desired improvements. She noted that some interior costs, furnishings and equipment were also eliminated, since they can be added later. She then asked if the palletized bricks from the depot can be stored at the City's lower yards. She also noted that the Library is making every effort to keep operations and maintenance costs as low as possible, but a letter to the editor in the newspaper last weekend suggested that the Library be open more hours. In response to questions from the Library Board regarding impact fees, the Commissioners indicated that the fees must be paid; but one alternative might be the City paying those fees for the Library. Responding to Mayor Kirchhoff, Ms. Davis stated the Foundation raised $2 million before the campaign went public. She acknowledged that fundraising has been a bit slower than anticipated and suggested that the stock market may have some impact on contributions. She indicated that some of the gifts are being given over a period of time and, as a result, she has talked to Administrative Services Director Gamradt about the possibility of the City providing interim financing so those pending contributions can be used before being received. City Manager Johnson noted that several of the items in the capital improvement program pertaining to maintenance of the current library building have been eliminated from current funding in anticipation of the new building. Mayor Kirchhoff thanked the Library Board of Trustees for participating in this work session. Recess - 5:20 p.m. Mayor Kirchhoff recessed the meeting at 5:20 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings and completing the routine business items. 05-12-03 - 10 - Reconvene - 7:00 D.m. Mayor Kirchhoff reconvened the meeting at 7:00 p.m. ADDointments to various boards and commissions: (a) Cemetery Board: (b) City Plannina Board: (c) Communitv Affordable Housina Advisorv Board: (d) Desian Review Board: (e) Historic Preservation Advisorv Board: (f) PedestrianlTraffic Safety Committee Included in the Commissioners' packets was a memo from Deputy Clerk of the Commission Carolyn Wilmont, dated May 7,2003, forwarding applications for the various openings. Mayor Kirchhoff noted that there are no applications for several of the boards and suggested that the Commission make appointments to those boards for which applications have been received. It was moved by Commissioner Brown, seconded by Commissioner Youngman, that J.P. Pomnichowski be appointed to replace Eric Lindeen on the City Planning Board, with an initial term to expire on January 31, 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 and Commissioner Hietala. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that Dean Williamson be appointed to replace Ken Ryder as a neighborhood representative on the Historic Preservation Advisory Board, with an initial term to expire on June 30,2003. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. Commissioner Youngman suggested that the Commissioner Liaisons work with the boards on which openings remain, in an effort to identify possible applicants to bring those boards to full strength. Public hearina - Certificate of ADDroDriateness to allow demolition of existina shed and construction of a new aaraae with den and storaae on second floor on the east 85 feet of Lots 1 and 2. Block 42. Park Addition. with deviations from Section 18.50.050. Bozeman MuniciDal Code. to allow new structure to encroach 15 feet into reauired 20-foot rear yard setback: from Section 18.50.050.G.. to allow the aaraae to OCCUDV more than 25 Dercent ofthe rear yard: from Section 18.50.060.C.. to allow aaraae to encroach 10 feet into reauired 15-foot corner side yard setback: and from Section 18.50.11 O.F .1.a.. to allow reduction in off-street Darkina from 2 SDaces to 1 SDace - Anders and Laura Larsson (603 South 5th Avenue) (Z-03048) This was the time and place set for the public hearing on the Certificate of Appropriateness requested by Anders and Laura Larsson under Application No; Z-03048, to allow demolition of the existing shed and construction of a new garage with den and storage on the second floor on the east 85 feet of Lots 1 and 2, Block 42, Park Addition, with deviations from Section 18.50.050 of the Bozeman Municipal Code, to allow the new structure to encroach 15 feet into the required 20-foot rear yard setback; from Section 18.50.050.G., to allow the garage to occupy more than 25 percent of the rear yard; from Section 18.50.060.C., to allow the garage to encroach 10 feet into the required 15-foot corner side yard setback; and from Section 18.50.11 0.F.1.a., to allow reduction in off-street parking from two spaces to one space. The subject property is located at 603 South 5th Avenue. Mayor Kirchhoff opened the public hearing. Historic Preservation Planner Hillary Hertler presented the staff report. She stated the subject property is located at the southwest corner of the intersection of South 5th Avenue and West Dickerson Street and is within the Cooper Park Historic District. She noted that under this application, the existing shed and shop are to be replaced with a two-story garage with a mud room in the back. She reviewed the requested deviations, to allow the new garage to encroach into the rear yard setback and the corner side yard setback, to allow the garage to occupy more than 25 percent of the rear yard, and to allow a reduction in off-street parking from two spaces to one space. 05-12-03 -------.-----.-.---.-.-----.- ---.---..-.----------- - 11 - Historic Preservation Planner Hertler stated that staff has reviewed this application in light of the applicable criteria and has forwarded a recommendation for approval, subject to five conditions. She noted that the design is good, and the site is small and located in a high-density area. Also, this proposal will result in reducing on-street parking for this property. She indicated that the neighbor to the south has commented on this application and supports it because the design extends to all four sides and not just the front. Responding to questions from Commissioner Brown, the Historic Preservation Planner estimated that there will be 20 feet between this garage and the adjacent house. She also estimated that 75 percent of the rear yard will be covered. Planning Director Epple noted that the garage will be more than five feet from the property line, so windows are allowed. He then stated that, as long as structures are at least ten feet apart, there are no building code or fire concerns. Commissioner Brown stated that he feels too much of the lot is covered under this proposal. He noted that this lot has been split once, and there is an additional house that is not shown on the plans. In light of those concerns, he cannot support this application. The applicant was not present. No one spoke in opposition to the application. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Certificate of Appropriateness requested by Anders and Laura Larsson under Application No. 2-03048, to allow demolition of the existing shed and construction of a new garage with den and storage on the second floor on the east 85 feet of Lots 1 and 2, Block 42, Park Addition, with deviations from Section 18.50.050 of the Bozeman Municipal Code, to allow the new structure to encroach 15 feet into the required 20-foot rear yard setback; from Section 18.50.050.G., to allow the garage to occupy more than 25 percent of the rear yard; from Section 18.50.060.C., to allow the garage to encroach 10 feet into the required 15-foot corner side yard setback; and from Section 18.50.110.F.1.a., to allow reduction in off-street parking from two spaces to one space, be approved subject to the following conditions: 1. For all new windows, non-reflective exterior window cladding shall be used. 2. Said windows will have similar design features as existing windows. 3. Siding and roofing shall match existing materials. 4. If necessary, the applicant shall obtain a building permit within one year of Certificate of Appropriateness approval or this approval shall become null and void. 5. 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 Cetraro and Mayor Kirchhoff; those voting No being Commissioner Brown. 05-12-03 .... _ --..---"..--...-.. .. _ ...... .._..____._n___.....__ - 12 - Public hearina M intent to annex 9.036Macre parcel lying between Haggerty Lane and IM90 at Ellis Street extended and adiacent 4.91 acres of public right-of-way for Haggerty Lane - Montana Association of Seventh Day Adventists lA.03001) This was the time and place set for the public hearing on the intent to annex 9.036 acres lying between Haggerty Lane and 1-90 at Ellis Street extended as well as the adjacent right-of-way for Haggerty Lane, as established by Commission Resolution No. 3589, entitled: COMMISSION RESOLUTION NO. 3589 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Mayor Kirchhoff opened the public hearing. Contract Planner Lanette Windemaker presented the staff report. She stated that staff has reviewed this application in light of the goals and policies set forth in Commission Resolution No. 3137, and staff's comprehensive findings are contained in the written staff report. She highlighted those findings and forwarded staff's determination that this application generally meets those goals and policies if the following are addressed prior to or in the annexation agreement: 1. The Annexation Agreement, which addresses all conditions placed on the annexation application by the City Commission, shall be signed, notarized and returned to the City of Bozeman Planning and Community Development Department within one year of a City Commission decision to annex the property, or annexation approval shall be null and void. 2. The applicant shall submit an annexation map with a legal description of the property with the Annexation Agreement. The map must be supplied on a mylar (18- inch by 24-inch) for City records and on either letter or legal size paper for recording with the Annexation Agreement by the Gallatin County Clerk and Recorder. One digital copy must also be provided to the Planning Department. The maps must be acceptable to the Director of Public Service. 3. The Annexation Agreement shall contain a section that the Landowner acknowledges and agrees that usable water rights, or cash-in-lieu thereof, must be provided to the City of Bozeman per Policy No.5 of Commission Resolution 3137 prior to final plat approval, final site plan approval, or the issuance of any building permit, whichever first occurs. The amount of water rights or cash-in-lieu will be determined by the Director of Public Service at the time of such development. 4. Applicant shall provide executed Waivers of Right to Protest Creation of SIDs for a park maintenance district. The original executed document shall be returned to the City of Bozeman Planning and Community Development Department with the signed and notarized annexation agreement. 5. Annexation shall also include all of the adjacent Haggerty Lane. The annexation map shall clearly indicate the total amount of property being annexed and the total amount of right-ot-way being annexed. 6. Applicant shall provide executed Waivers of Right to Protest Creation of SIDs for signalization of the intersection of Haggerty Lane and Main Street. The original executed document shall be returned to the City of Bozeman Planning and Community Development Department with the signed and notarized annexation agreement. The original executed document shall specify that in the event an SID is not utilized tor the construction ot these improvements, the developer or owner agrees to participate in an alternative financing method or otherwise provide tor the 05-12-03 -----.------.---.--- -----"----.- -- ---------- _."......._._..__n - 13 - completion of said improvements on a fair share, proportionate basis as determined by square footage of property, property frontage, taxable valuation of the property, traffic contribution from the development or a combination thereof. Mr. Greg Allen, representing the applicant, indicated a willingness to respond to questions. Mr. Bob Baldwin stated he lives on the adjacent property, which is part of the East Edge Meadows Subdivision. He recognized that this subject property will be developed, but he is concerned about how that development will occur. He also is concerned about setbacks and increased traffic on Haggerty Lane and at the intersection of Haggerty Lane and East Main Street. Since there were no Commissioner objections, Mayor Kirchhoff closed the pUblic hearing. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Commission authorize and direct staff to bring back an annexation agreement addressing Item Nos. 1 through 6 listed above, for Commission consideration. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. Public hearina - Zone MaD Amendment - establish initial zonina desianation at "R-4." Residential-hiah density. on :t14 acres described as the 9.036-acre Darcellyina between Haaaerty Lane and 1-90 at Ellis Street extended and adiacent 4.91 acres at Dublic right-at-way tor Haaaerty Lane - Montana Association at Seventh Day Adventists (Z-03036) This was the time and place set for the public hearing on the Zone Map Amendment to establish an initial zoning designation of "R-4," Residential-high density, on :1:14 acres described as the 9.036-acre parcel lying between Haggerty Lane and 1-90 at Ellis Street extended and the adjacent 4.91 acres of public right-of-way for Haggerty Lane, as requested by Montana Association of Seventh Day Adventists under Application No. Z-03036. Mayor Kirchhoff opened the public hearing. Contract Planner Lanette Windemaker presented the staff report. She noted that the subject property is designated Suburban Residential in the Bozeman 2020 Community Plan. She stated that staff has reviewed this application in light of the criteria set forth in the zone code, and staff's comprehensive findings are contained in the written staff report. She briefly highlighted those findings, noting that staff felt the requested "R-4" zoning was appropriate in light of the mix of zoning designations in the immediate area. The Contract Planner noted that the Zoning Commission held its public hearing on this application at its May 6 meeting, following that hearing, forwarded a recommendation for an "R-3" zoning designation due to concerns that the requested "R-4" zoning is too intense. She indicated that, in either instance, the two standard conditions are to be included. Mr. Greg Allen, representing the applicant, indicated they had requested "R-4" zoning to allow for high-density residential development; however, they are willing to accept the "R-3" zoning recommended by the Zoning Commission. He stated that, given the proximity of this property and its topography on the northwest side, it would be suitable for single-family residential development. He indicated that, with offices to the west and commercial development across the street from the site, he feels either zoning is appropriate. Mr. Bob Baldwin, adjacent property owner, stated he has enjoyed the existing horse pasture. He voiced his concurrence with the Zoning Commission's recommendation noting that he, too, feels multi-family residential development is probably the most appropriate for this site. He then reiterated his concern about traffic, noting that it has doubled and tripled over the past ten years. Mr. Greg Allen indicated that the applicant will be required to execute a waiver of right to protest the creation of a special improvement district for a traffic signal at the intersection of Haggerty Lane and East Main Street in conjunction with annexation, but that does not apply to this zoning application. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. 05-12-03 --.-------...-.--. .-.------...-.--- .---..--- - 14- Responding to questions trom Mayor Kirchhoff, Planning Director Epple stated that "R-3" zoning allows up to a four-plex while "R-4" zoning allows apartments. He noted the Zoning Commission was more comfortable in reviewing higher density development with larger units under a planned unit development in the "R-3" zoning district than development under the "R-4" zoning designation. He then indicated that the Comstock Apartments, across Haggerty Lane from the subject property, are located in an "R-Q" zoning district, and the density of that project is in keeping with an "R-4" zoning designation. Commissioner Brown stated he feels the concerns of the Zoning Commission are valid, and he supports their recommendation. Responding to Mayor Kirchhoff, Mr. Allen stated that they had not considered an "R-Q" zoning designation because no offices were anticipated. He then noted that this property is located within an entryway overlay corridor. Further responding to the Mayor. Planning Director Epple acknowledged that being in an entryway overlay corridor will provide for a level of design review; but a planned unit development would be sUbject to a higher level of review. Mayor Kirchhoff voiced his support for the requested "R-4" zoning, as did Commissioner Cetraro. Commissioner Youngman indicated that, while she is inclined toward the "R-4" zoning, she could support either. Commissioner Brown expressed his support for the "R-3" zoning, which provides more control over development. It was moved by Commissioner Brown, seconded by Commissioner Youngman, that the Zone Map Amendment requested by Montana Association of Seventh Day Adventists under Application No. Z-03036 be approved by establishing an initial zoning designation of "R-3," Residential-medium density, on :t14 acres described as the 9.036-acre parcel lying between Haggerty Lane and 1-90 at Ellis Street extended and the adjacent 4.91 acres ot public right-ot-way for Haggerty Lane, subject to the following conditions: 1. The applicant shall submit, within thirty (30) days ot approval by the City Commission, a 24-inch by 36-inch mylar zone map titled "Seventh-Day Adventists," an 8'Y:1-inch by 11-inch or 8'Y:1-inch by 14-inch paper map and a digital copy to the Planning Office containing the metes and bounds legal description, total acreage and adjoining rights-of-way and/or street access easements, acceptable to the Director of Public Service. 2. The ordinance for the Zone Map Amendment shall not be drafted until the applicant provides a metes and bounds legal description and a map of the area to be re- zoned, which will be utilized in the preparation of the ordinance to officially amend the City of Bozeman Zoning Map. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Brown and Commissioner Hietala; those voting No being Commissioner Youngman, Commissioner Cetraro and Mayor Kirchhoff. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the Zone Map Amendment to establish an initial zoning designation of "R-4," Residential-high density, on :1:14 acres described as the 9.036-acre parcel lying between Haggerty Lane and 1-90 at Ellis Street extended and the adjacent 4.91 acres of public right-of-way for Haggerty Lane, as requested by Montana Association of Seventh Day Adventists under Application No. Z-03036, be approved sUbject to the following conditions: 1. The applicant shall submit, within thirty (30) days of approval by the City Commission, a 24-inch by 36-inch mylar zone map titled "Seventh-Day Adventists," an 8'Y:1-inch by 11-inch or 8'Y:1-inch by 14-inch paper map and a digital copy to the Planning Office containing the metes and bounds legal description, total acreage and adjoining rights-of-way and/or street access easements, acceptable to the Director of Public Service. 05-12-03 _., ....____._...__ ______.._______..____ ......._ u_________..._________ --------- - 15 - 2. The ordinance for the Zone Map Amendment shall not be drafted until the applicant provides a metes and bounds legal description and a map of the area to be re- zoned, which will be utilized in the preparation of the ordinance to officially amend the City of Bozeman Zoning Map. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro, Commissioner Youngman, Commissioner Brown and Mayor Kirchhoff; those voting No being Commissioner Hietala. Public hearing - Maior Site Plan - Collaborative Desian Architects for Baxter Meadows Development- allow construction of one ::!:26.000-sauare-foot mixed use buildina on Tract 4. COS No. 2202 (west of Davis Lane and north of Baxter Lane) ITrakker Buildina) IZ-03063) This was the time and place set for the public hearing on the Major Site Plan requested by Collaborative Design Architects for Baxter Meadows Development under Application No. Z-03063, to allow the construction of one :!:26,OOO-square-foot mixed use building on Tract 4, cas No. 2202. The subject property is located west of Davis Lane and north of Baxter Lane, and the project is commonly known as the Trakker Building. Mayor Kirchhoff opened the public hearing. Contract Planner Lanette Windemaker presented the staff report. She noted the subject building is to be constructed on an artificial lot in Phase II of Baxter Meadows Subdivision. She stated the property is currently zoned "BP;" however, the applicant is seeking a rezoning to "B-2." Contract Planner Windemaker stated that staff has reviewed this application in light ofthe applicable criteria contained in the zone code, and staff's comprehensive findings are contained in the written staff report. She summarized those findings and highlighted several of the 45 conditions that staff has forwarded in conjunction with its recommendation for conditional approval. Mr. Jeff Kanning, architect representing the applicant, displayed a master plan of the six phases within Baxter Meadows Subdivision, noting that Phase II contains the neighborhood core. He indicated that a 90-foot-wide street with diagonal parking is proposed, noting it fits with the pattern of the neighborhood center. Responding to Mayor Kirchhoff, Mr. Kanning stated the stream is located off this site, and no part of this development will encroach into its setback. He indicated that the final site plan will include the stream only as a reference, to ensure that it creates no issues for this building. He noted that, even if there were no additional development within this subdivision, this building could stand alone. He advised the Commission that, when Phase II of the subdivision is considered, he may seek amendments to some of the conditions pertaining to parking and landscaping, stressing it is important to consider the whole and not just an individual lot. He noted the Trakker Building will occupy approximately 95 percent of the lot, with portions of it being located on the property line, and intended to mimic a center node. He indicated that the building is designed for retail, office, and loft space for either residential or commercial use. No one was present to speak in opposition to the proposed development. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Major Site Plan requested by Collaborative Design Architects for Baxter Meadows Development under Application No. Z-03063, to allow the construction of one :!:26,OOO-square-foot mixed use building on an artificial lot in Tract 4, cas No. 2202, be approved subject to the following conditions: 1. Prior to final site plan approval, the applicant shall execute a hold harmless and indemnification agreement indemnifying, defending, and holding harmless the City, its employees, agents and assigns from and against any and all liabilities, loss, claims, causes of action, judgments, and damages resulting from or arising out of the conditional approval of the Trakker Building major site plan and subsequent issuance of a building permit subject to zoning standards which may not meet 05-12-03 --.. --.-----------.-.---- - 16 - subdivision standards and are found to be unacceptable at the time of future subdivision. 2. The zoning change from "BP" to "B-2" shall receive initial approval by the City Commission prior to final site plan approval and shall be effective prior to occupancy of the Trakker Building. 3. Prior to occupancy of the Trakker Building, the required yards and lot coverage (per Sections 18.38.040 and 18.38.050 "BP" or Sections 18.30.040 and 18.30.050 "B-2") and associated landscaping (per Section 18.49) shall be constructed by the applicant and accepted by the City unless alternative setbacks, lot coverage and landscaping standards have been approved by the City Commission through the PUD process or a zoning change from "BP" to "B-2" shall be effective. 4. Prior to occupancy of the Trakker Building, the required number and type (including disabled accessible) of off-street parking spaces (per Section 18.50.110) and associated landscaping (per Section 18.49) shall be constructed by the applicant and accepted by the City unless alternative parking and landscaping standards have been approved by the City Commission through the PUD process. 5. Prior to occupancy of the Trakker Building, all required paving shall be installed. The only items that may be completed within nine months under a financially guaranteed improvements agreement are landscaping, sod and irrigation, bike racks, trash enclosure, and the curbing along the east driveway to Baxter Lane. 6. The westerly access drive, from the edge of the artificial lot (or lot line), shall be built to an acceptable gravel standard for a secondary emergency access over public utilities. 7. Recommended conditions of approval are based on the site plan date stamped April 29, 2003, by the Department of Planning and Community Development. 8. Applicant shall provide a soils report, along with the building plans, to the Building Division, recommending types of foundations. If development shall occur in phases, the soils report may address those lots within the proposed phase. 9. The final site plan shall be adequately dimensioned. 10. A Stormwater Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease, and other pollutants must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations), stormwater detention/retention basin details (including basin sizing and discharge calculations, and discharge structure details), stormwater discharge destination, and a stormwater maintenance plan. A stormwater easement must be established on the adjacent property and filed with the County Clerk and Recorder's Office for the retention pond and discharge course if located off the subject property. 11. 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. 05-12-03 . ---.-....--....----.-.. .-.. - - 17 - No building permits will be issued prior to City approval of the infrastructure improvement plans. 12. 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. 13. 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. Private or non-City owned utilities are not allowed, longitudinally, within the 30 foot required easement. 14. 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. 15. 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." 16. City standard sidewalk shall be installed and properly depicted at the standard location (i.e., 1 foot off property line) along the street(s) frontage. Any deviation to the standard alignment or location must be approved by the City Engineer. 17. 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. 18. Any floor drains proposed for the building interior shall be shown on the final site plan, and their use identified. 19. The required number of off-street parking spaces shall be provided by the applicant in accordance with Section 18.50.120.B(3) of the zone code unless a variance or deviation is granted by the governing body. 20. The configuration of the off-street parking shall comply with the requirements of Section 18.50.120 of the zone code unless a deviation or variance is granted by the governing body. This includes parking stall dimensions, drive aisle widths, lot surfacing and curbing. 21. All existing utility and other easements must be shown on the final site plan. 22. 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). 23. Drive approach and public street intersection sight triangles shall be free of plantings which at mature growth will obscure vision within the sight triangle. 24. If construction activities related to the project result in the disturbance of more than 5 acres of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality, Water Quality Bureau, shall be contacted by the applicant to determine if a Stormwater Discharge Permit is necessary. If required by the WQB, an erosion/sediment control plan shall be prepared for disturbed areas of 5 acres or less if the point of discharge is less than 100 feet from State waters. 05-12-03 . .......-.....-...-..-- -18- 25. Provide a grading plan for the development which includes the area from Baxter Lane to Equestrian Lane. The plan shall specifically contain the following items: . Existing and proposed contours at minimum one-foot intervals. . Finished Floor Elevation of the building . Spot elevations of TBC, TBW, and TOA (top of asphalt) . Top of grate and invert elevations on all storm inlets . Direction of slope arrows labeled with percent of slope of hard surface (parking lots, driveways, etc) 26. The east access driveway shall be paved with curb and gutter. 27. The west access driveway shall be constructed to meet the requirements for fire and other emergency vehicle access. 28. Final site plan shall show location of all watercourses and associated setbacks. 29. Water and sewer service lines need to be clearly identified on the final site plan. 30. Easements are required for any off lot improvements associated with this project. 31. Improvements to Baxter Lane along the lot frontage shall be financially guaranteed prior to final site plan approval. Improvements shall match those approved for Phase I of Baxter Meadows and extend from the easterly access to the easterly boundary of Phase I of Baxter Meadows. 32. Any utility necessary to provide service to future phases that are located under the roadway or parking lot that will be paved with this site plan approval shall be installed as a part of this project to avoid unnecessary road cuts and excavations. 33. Please be advised that Sheet C6-1 shows a low point elevation of 92.54 where Trakker Trail intersects with the west parking lot, southwest corner of the building. Provide a storm drain inlet to collect this water or show alternate method for containment. This needs to be addressed on the final site plan. 34. In the calculations for Existing Conditions, a C factor of 0.30 was used. The City of Bozeman Design Standards and Specifications Policy, Table 1-1, suggests a C factor of 0.20 for open land. 35. Provide a typical section for the roadway that is being proposed for this site plan. 36. Provide a standard detail for the Handicapped Parking stalls located at the southwest corner of the building. 37. 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. 38. A building permit must be obtained prior to the work, and must be obtained within one year of final site plan approval. Building permits will not be issued until the final site plan is approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of the final site plan, including excavation and footing preparation, but NO CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED. 39. 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 05-12-03 ----- - 19 - 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. 40. Prior to final site plan approval, per Section 18.49.070, "Landscape Performance Standards," a lot in the "B-2" or "BP" zoning district must earn 15 points in addition to the mandatory landscape provisions outlined in Section 18.49.060. Each proposal within a planned unit development will be evaluated on the basis of the overall design excellence of the proposal with consideration to the points required by the most applicable zoning district. 41. Prior to final site plan approval, the applicant shall depict all proposed exterior lighting on the final site plan and shall submit light details for all proposed exterior lighting including wall-mounted, awning and exterior illumination of any proposed signage in accordance with Section 18.50.035 to be reviewed and approved by the Planning Office. 42. Prior to final site plan approval, the applicant shall depict on the final site plan dimensioned, detailed plans of curbs, asphalt section (parking lots and driveways), and drive approach construction details. 43. Per Section 18.50.11 0.B.11 , "Parking Lot Curbing," all parking lots and driveways shall have continuous concrete curb or under certain circumstances concrete pin- down wheel stops. 44. Prior to final site plan approval, the applicant shall depict on the final site plan the provision for handicapped accessibility including, but not limited to, wheelchair ramps, parking spaces, handrails, and curb cuts, signage, including dimensioned construction details and the applicant's certification of ADA compliance to be reviewed and approved by the Planning Office. 45. Prior to the construction and installation of any signage on-site, a Sign Permit Application shall be reviewed and approved by the Planning Office in accordance with Section 18.65 of the City of Bozeman zone code including, but not limited to, contractor, real estate and lending institution signs temporarily posted on-site during and after construction of the building. A letter of approval from the Baxter Meadows Design Review Board shall be provided prior approval of any Sign Permit Application. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Public hearina M Conditional Use Permit M Wieaand Familv Trust - allow construction of eight-unit apartment building and two office buildings containing :1:10.400 sauare feet and :!:11.120 sauare feet on Lots 1. 2 and 3A. Block 4. and Lots 8 and 9. Block 3. Kirk Subdivision (1902. 1907 and 1940 West Dickerson Street) (Z-03005) This was the time and place set for the public hearing on the Conditional Use Permit requested by the Wiegand Family Trust under Application No. Z-03005, to allow the construction of an eight-unit apartment building and two office buildings containing f:1 0,400 square feet and ::1:11 ,120 square feet on Lots 1, 2 and 3A, Block 4, and Lots 8 and 9, Block 3, Kirk Subdivision. The subject property is located at 1902, 1907 and 1940 West Dickerson Street. 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 is for a mixed development on the west side of South 19th Avenue at West Dickerson Street. He noted the subject portion of the property is vacant; and under this application, an eight-plex is to be constructed north of West Dickerson Street, with an associated parking lot fronting onto 05-12-03 - 20- South 20th Avenue. Two commercial office buildings are proposed south of West Dickerson Street with parking to be located between the two buildings. Planning Director Epple stated that staff has reviewed this application in light of the applicable criteria and forwarded a recommendation for approval, subject to several conditions. He noted that the Design Review Board has also conducted its review of this application and concurred in the recommendation for approval. Responding to Commissioner Cetraro, the Planning Director confirmed that this project was the subject of an informal review. He noted that the mix of uses is reversed from what was originally anticipated; however, he stated that both staff and the Design Review Board were pleased with the character of the project and felt the development is appropriate for the area. Responding to questions from Mayor Kirchhoff, the Planning Director stated anyfuture development that may occur where the existing single-family residence is located must be a residential use. Mr. Bayliss Ward, architect representing the applicant, indicated that the intent is to construct the office buildings first, and then the residential units; however, he noted that the project will be market driven. He then drew the Commissioners' attention to the board of materials to be used, noting that they will be used for all three buildings. He concluded by voicing concurrence with the staff report and indicating a willingness to respond to questions. No one was present to speak in opposition to the proposed project. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Conditional Use Permit requested by the Wiegand Family Trust under Application No. Z-03005, to allow the construction of an eight-unit apartment building and two office buildings containing :t1 0,400 square feet and :t11 ,120 square feet on Lots 1, 2 and 3A, Block 4, and Lots 8 and 9, Block 3, Kirk Subdivision, be approved subject to the following conditions: 1. 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. In 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. 2. Two outdoor plazas shall be provided for the mixed-use development, one for the residential building and one for the office complex. The plazas shall contain adequate landscape features and landscape furniture. 3. The Conditional Use Permit shall be contingent upon compliance with Section 18.24.020 "Permitted Uses" of the "R-4" Residential High Density District which states that offices are a conditional use permitted only when in conjunction with dwellings. 4. The bike rack associated with the residential building shall be moved to the east side of the drive aisle/alley in order for the rack to be located closer to the entrances of the building. 5. The final site plan shall include standard details for the signs depicting type, size, location and materials. 05-12-03 - 21 - 6. The sod and street trees adjacent to South 19th Avenue shall be depicted in the planned location of the boulevard. Permanent irrigation shall be provided to the boulevard. 7. A subdivision exemption will be required to realign the property line bisecting the office parking lot. 8. The applicant is advised that a 5-foot public access easement will be required for South 19th Avenue and shall be submitted with the final site plan. 9. The final site plan shall be adequately dimensioned. A complete legend of all line types used shall also be provided. 10. A Stormwater DrainagelTreatment Grading Plan for a system designed to remove solids, silt, oils, grease, and other pollutants shall be provided to 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. Detailed review of the final grading and drainage plan and approval by the City Engineer will be required for final site plan approval. 11. 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. 12. 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." 13. No trees shall be planted within 10 feet of water and sewer service lines. 14. The drive approach shall be constructed in accordance with the City's standard approach (Le., concrete apron, sidewalk section and drop curb) and shown as such on the final site plan. 15. Typical curb details (i .e., raised and/or drop curbs) and typical asphalt paving section details 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. 16. The Montana Department of Fish, Wildlife & Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (Le., 310, 404, turbidity exemption, etc.) shall be obtained prior to final site plan approval. 17. All existing utility and other easements must be shown on the final site plan. 18. 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). 19. Drive approach and public street intersection sight triangles shall be free of plantings, which at mature growth will obscure vision within the sight triangle. 20. An Occupancy Permit must be obtained from the Montana Department of Transportation for location of water and sewer mains within the State's right-of-way. 21. 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 05-12-03 _ _________ _____..____m_.. ___ ------..-..--- .. n_.__ _______.________.____.___._.______.___. --------.-... - - 22- professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. 22. 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. 23. 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. 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. 25. 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. All of the special conditions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his/her successors or assigns, and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the commencement of use. 26. Per Section 18.49.070, "Landscape Performance Standards," a lot in the "R.O" and "R-4" zoning districts with residential adjacency must earn 23 points in addition to the mandatory landscape provisions outlined in Section 18.49.060. The landscape plan shall include a description of the points calculated towards Section 18.49.070 "Landscape Performance Standard." 27. The landscape plan must be signed and certified by a landscape professional as outlined in Section 18.49.040.C.3, "Preparation of Landscape Plan." 28. Sixteen of the twenty-three required parking spaces and the one disabled accessible space shall be provided as off-street parking as outlined in Section 18.50.110.F., "Number of Spaces Required." 29. 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 zone code, including contractor, real estate and lending institution signs temporarily posted on-site during and after construction of the building. 30. Per Section 18.65.080, "Comprehensive Sign Plan," a comprehensive sign plan shall be submitted for all commercial, office, industrial and civic uses consisting of two or more tenant or occupant spaces on a lot or two or more lots subject to a common development permit or plan. The plan shall include the size and location of buildings and the size and location of existing and proposed signs. FYI: Construction on South 19th Avenue is scheduled for summer 2004. The construction project includes installation of curb and gutter and sidewalk along the subject property. Coordination with the applicant is anticipated regarding the transitions from curb walk to sidewalk and boulevard, and the installation of irrigation sleeves under the sidewalk adjacent to the boulevard. 05-12-03 ---- - 23- The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. Break - 8:05 to 8:15 D.m. Mayor Kirchhoff declared a break from 8:05 p.m. to 8:15 p.m., in accordance with Commission policy. Presentation of recommendations for Bozeman's affordable housing Dlan - Paul Peninger. Bay Area Economics (BAE) Included in the Commissioners' packets was a copy of the draft Affordable Housing Strategy report dated May 12, 2003. Mayor Kirchhoff encouraged Mr. Peninger to provide an overview of the report, since the Commissioners have had ample opportunity to review the document that was included in the packets. Mr. Paul Peninger, Bay Area Economics, stated the purpose of this presentation is to build on the one in February, and began by addressing some of the issues raised at that time. He addressed the student population and their impacts on the local housing market. He estimated that 8,400 full and part-time students live off campus and, while most of the family housing on campus is occupied, the dormitories experience a 15 to 20 percent vacancy rate. He suggested that, based on this information, approximately 25 percent of households in Bozeman are student households; and this has a big impact on the rental housing market. He noted the first step in addressing this issue is to increase dialogue with Montana State University about the City's affordable housing policy, and suggested that having someone from MSU serve on the Community Affordable Housing Advisory Board would be of benefit. He stated that steps could be taken to increase the percentage of students living on campus and to improve neighborhood stability and maintenance. Mr. Peninger turned his attention to the report in the packets, noting it is divided into three sections, with the first section including a breakdown of the housing demand in Bozeman by type of unit, tenure and affordability level. This section also includes a table that shows the number of housing units that need to be added per year to meet the community's needs, and reflects the need for 297 units per year, in a mix of single-family and multi-family units both for ownership and rental at affordable levels. Based on current trends, approximately half of those units need to be affordable for those below 80 percent of median income. Mr. Peninger next addressed the second section of the report, which deals with case studies of jurisdictions around the country as a model program for Bozeman. He noted that Longmont, Colorado, is the program on which he relied most, although Pleasanton, California, and King County, Washington, were also reviewed and the elements of their programs identified. Mr. Peninger turned his attention to the third section of the report, which includes the strategy recommendations, with most of them including programmatic recommendations. He reviewed each of the six strategies, which include (1) change the affordability targets to include rental rates at less than 60 percent of area median income and ownership at 61 to 100 percent of area median income; (2) simplify and streamline the approval process for all types of residential projects, providing incentives for projects with affordable units by fast tracking those projects through the approval process; (3) create an incentive-based affordable housing program for developers who provide up to 10-percent affordable units; (4) create a structure for housing plans within annexation agreements; (5) identify sites and funding sources for special needs housing projects, including transitional housing for families at risk of homelessness and an emergency shelter; (6) institute a first-time homebuyers program, making a financial contribution to a program in conjunction with a housing plan and annexation agreement. Ms. Caren ROberty, staff person for the Community Affordable Housing Advisory Board (CAHAB), announced that Gallatin County has agreed to sponsor a CDBG application for the Human Resource Development Council to provide downpayment assistance for homebuyers. 05-12-03 - 24- Mr. Peninger recommended that the downpayment plan be structured with the City matching the buyer's downpayment, up to 15-percent of the purchase price. He suggested that resale provisions could be structured to capture some of the proceeds from the sale to create a revolving loan fund. Mr. Paul Peninger briefly highlighted the appendices to the report, which include a draft affordable housing ordinance and housing development pro-formas to ensure that whatever is imposed does not create a disincentive. Responding to Commissioner Hietala, Mr. Peninger indicated that increased profitability to the developer can be accomplished through density bonus, financial subsidy, or fee waiver to compensate for the affordable units. He stressed it is important to structure the program so that the incentives work for the developers and make them whole. Responding to Mayor Kirchhoff, Mr. Peninger confirmed that he does not see density bonuses working in Bozeman at this time, particularly since some developers don't view density as a viable option. Further responding to the Mayor, Mr. Peninger suggested that the best option for increasing profitability would be a dedicated funding source to reduce the cost of property, with the subsidy possibly being set at $7,500 for a single-family unit and $4,500 for a multi-family unit. He noted that the City could also subsidize impact fees in conjunction with the downpayment assistance program and suggested that a certain percentage of lots within a development could also be deed restricted to ensure affordability. Mayor Kirchhoff stated that matching the incentives to the people is important. Mr. Peninger agreed, suggesting that BAE, the Community Affordable Housing Advisory Board and the development community work together to identify the incentives that would work best. Ms. Caren Roberty stated the CAHAB has not yet met on this document, but after doing so will come back with some recommendations for Commission consideration. She stressed the importance of bringing the entire community along with this proposal and carefully looking at the incentives. She suggested that bonds and possibly grants could be used to create a fund for incentives and a first time homebuyers program, and stressed the importance of ensuring an on-going dedicated income source for funding those programs. She also noted it is critical to take steps to ensure that the incentives result in decreased costs to the ultimate purchaser, that the home remains affordable, and that its sale doesn't result in a windfall to the owner. Ms. Erica Skinger stated she has been a long-term, low-income apartment dweller and now a trailer dweller. She stressed that providing units for the lower income residents, including those as low as 30- percent of area median income, is a more critical need than providing affordable units for those in the 80 to gO-percent category. Ms. Laura Dalton, 201 South 6th Avenue, urged the Commissioners to remember how valuable a mixed neighborhood is. She noted that her neighborhood is enjoyable because it has such a great mix of houses and tenants, and such areas tend to remain more vibrant than those with a single type of housing. Mr. Bob Nichol, 1615 South Black Avenue, stated that, according to the report submitted to the Commission, 20 percent of the households in Bozeman have a maximum annual income of $16,000, which is below poverty level. He cautioned this will make providing affordable housing for that category a real challenge. Mr. Paul Peninger stated he agrees that mixed-income areas are often more interesting and more vital areas to live in. He turned his attention to the percentage of households in Bozeman with a maximum annual income of $16,000 or less, noting that they include students who choose to live off campus. He noted that communities with a heavy student population often have a higher percentage of residents in this category; however, he acknowledged that there are a lot of working households in it as well. In response to comments from the City Manager and the Mayor, Mr. Peninger indicated that developers will probably not seek density bonuses in "R-1" zoned areas, but recognized that to do so would change the dynamics of how that district works. 05-12-03 -..---- .-.".. - --.--- - 25- Planning Director Andy Epple cautioned that an application to allow a multi-family project in an area that has traditionally been single-family or an application for a density infill project can create considerable neighborhood dissension and becomes a matter of policy decision. Mr. Peninger stated that many communities provide an option for payment in lieu of providing affordable units, and noted that those fees can be structured either to make the fees reflect the actual construction costs of a unit or to reflect the amount of equity an affordable housing developer would need to leverage other sources of financing. He indicated that the first option is very aggressive and can be a disincentive, while the second option results in much lower fees. Commissioner Youngman noted that in an earlier Commission discussion, Commissioner Cetraro suggested having all different elements of the community be part of the solution, including realtors, bankers, and building material suppliers as well as the developer and the City; and she asked if there are any models for that type of program. Mr. Peninger responded that most models are structured to ensure the developer makes a minimum percentage of profit, and it is rare to find a program that includes other entities as well. Commissioner Cetraro stated he is not "a huge fan of government intervention in affordable housing;" and he is concerned these proposals will reduce growth, although he did express support for the City creating a revolving fund for first time homebuyers. He then asked that the development community be given an opportunity to comment on this report. Commissioner Brown expressed concern with Tables 1 and 2 in the report, suggesting that they be revised for ease of review and that the information be corrected. Commissioner Youngman noted one of the most significant items in the report is the number of units to be created annually to meet the needs of the community. Mr. Peninger stated that, with data from the City, he could produce a table that shows historic trends on the number of units provided versus the number of units needed, to make it easier to determine if the community is keeping up with demands. Responding to Mayor Kirchhoff, Mr. Peninger stated the next step will be to write the final report, based on the information he has received. He indicated that the section on the annexation agreement language needs additional work, which will take some time. He projected that the final report will be done in the next month for additional review by the staff and Community Affordable Housing Advisory Board. He stated that the Board will then make its recommendations to the Commission in June, and he will coordinate presentation of the final report to the Commission with those recommendations. Mayor Kirchhoff thanked Mr. Peninger for the report, noting it has helped him identify some of his concerns. Commissioner Hietala expressed concern that this type of requirement will promote sprawl around Bozeman, since development can be more easily accommodated in the county. He indicated that he does support the first time homebuyer program. He stated the remainder of the recommendations, however, are simply creating regulations that will be at the expense of the citizens and the developers. Commissioner Youngman responded that a 10-percent inclusionary provision has been implemented in communities throughout the country without promoting sprawl. She noted the Board and the consultant recognized that Bozeman would not be comfortable with that provision and included streamlining of regulations and incentives for developers as options. She characterized the recommendations as a balanced approach that allows the developer to make a profit while providing affordable housing for the community. In light of the concerns that have been raised, Commissioner Youngman suggested that staff, the development community and the building industry be given an opportunity to submit input on the recommendations at the same time as the CAHAB submits its comments. She also encouraged those groups to submit alternatives for providing 297 units per year to address the affordable housing needs of the community. She suggested that a thirty-day deadline be set, with the final report and recommendations from the Board to be submitted in approximately sixty days. Mayor Kirchhoff thanked Mr. Peninger for his presentation. 05-12-03 -..--.--- _._.__..on__n_..... ..._..._ - 26- Public comment No one from the public addressed the Commission under this agenda item. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1 ) Letter from Kara Pilskalns, 324 North Wallace Avenue, dated March 4, requesting that the Commission revisit the issue of truck routes. (2) Reminder of the 3rd Annual Waste Not Conference, to be held at Big Sky on June 11, 12 and 13, 2003. (3) E-mail message from Hazel Guthrie, a senior citizen expressing concern about the impacts that increases in the water and solid waste collection fees have on those with fixed incomes. (4) Copy of a letter from Project Engineer Karen Finke to Dean Ulrich, BFI Waste Services, dated May 7, thanking them for their sponsorship in the 2003 Household Hazardous Waste Collection event scheduled for May 31. (5) Letter from the Beautification Advisory Board, dated May 5, thanking the Commission for helping to make Clean Up Bozeman Daya success. (6) Letter from Local Government Services, dated May 1, announcing the GASB 34 seminars and legislative updates scheduled for June 2003. (7) Final report on the 2003 legislative session as prepared by Alec Hansen, Executive Director of the Montana League of Cities and Towns. (8) Information sheets on illegal underage drinking among high school seniors and beer consumption among college freshmen, as submitted by Commissioner Cetraro. (9) Updated list of planning projects to be considered at upcoming Commission meetings, dated May 9, 2003. (10) Agenda for the Gallatin County Open Lands Board meeting to be held at 7:00 p.m. on Monday, May 12, at the Belgrade Senior Center. (11 ) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, May 13, in the Commission Room. (12) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, May 13, at the Professional Building. (13) Agenda and revised agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, May 13, at the Professional Building. (14) Agenda for the County Planning Board meeting to be held at 6:30 p.m. on Tuesday, May 13, in the Commission Room. (15) Minutes from the City-County Board of Health meeting held on March 27,2003. (16) City Manager Johnson asked if the Commission is interested in publishing a newsletter, noting he has several items that could be included. Commissioner Youngman volunteered to edit the newsletter; a majority of the Commissioners agreed that a newsletter should be published. 05-12-03 - 27- (17) City Attorney Luwe stated that a review of State statutes, in light of the afternoon discussion on parkland, has revealed that crossing governmental unit lines is not possible, He then indicated that recently enacted legislation could change those requirements slightly. (18) Director of Public Service Debbie Arkell reviewed the proposed parking control at the intersection of South Willson Avenue and West Garfield Street and the reasons for staff's recommendations, She noted that public comment closed on Friday, and none was received. (19) Responding to Mayor Kirchhoff, the Director of Public Service stated that snowpack is better than last year, and it is anticipated that Hyalite Reservoir will fill. (20) Director of Public Service Arkell announced that signs will be posted at the intersection of West Beall Street and North 20th Avenue announcing "local traffic only" while the intersection of North 19th Avenue and West Main Street is closed, (21) Planning Director Epple submitted the following. (1) Stated that the facilitated discussion of Opera House Park was held last Thursday, and a report will be forthcoming. He noted that the general consensus was that the park needs to be developed without the arch at this time. (2) Indicated that the Assistant Planner position remains open, and Contract Planner Windemaker is almost carrying the load of a full-time planner, (22) Commissioner Youngman submitted the following, (1) Suggested that a fiscal review panel be appointed to review the various business plans submitted for the Story Mansion, particularly in light of the questions being raised, (2) Noted that the HRDC recently started a youth council, and suggested they could become involved in surveying youth about the need for a transit system, (3) Asked that the draft of the affordable housing plan be posted on the City's website for community review and input (23) Commissioner Brown stated that the County Commission has voted to fund half of the transit study, but that information will not be ready to be placed on the ballot this fall. He suggested that this delay could be beneficial, particularly since Congress is considering bills that would increase funding of operations from 50 percent to 87 percent (24) Mayor Kirchhoff noted that County Commissioner John Vincent has expressed his desire to have the County Commissioners and City Commissioners meet more regularly, in a more creative, humane atmosphere and without professional staff being present His proposal is that there be no agenda and no policy discussions, just an opportunity for open conversation, In light of Commissioner comments, Mayor Kirchhoff indicated he will respond to County Commissioner Vincent Adiournment ~ 10:20 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the meeting be adjourned, The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none, A~ STEVEN R KIRCH OFF, Mayor ATTEST: ~srriR~ Clerk of the Commission 05-12-03