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HomeMy WebLinkAbout2003-05-05 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN,MONTANA May 5, 2003 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, May 5, 2003, at 7:00 p.m. Present were Commissioner Andrew Cetraro, Commissioner Marcia Youngman, Commissioner Lee Hietala, Commissioner Jarvis Brown, City Manager Clark Johnson, Director of Public Service Debbie Arkell, Planning Director Andy Epple, Staff Attorney Tim Cooper and Clerk of the Commission Robin Sullivan. Mayor Steve Kirchhoff was absent. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Authorize absence of Mayor Kirchhoff from this meetina It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that Mayor Kirchhoff's absence from this meeting be approved. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown and Mayor Pro Tempore Cetraro; those voting No, none. Minutes - Januarv 18. 2000. and April 28. 2003 Mayor Pro Tempore Cetraro 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. Acknowledae receipt of application for annexation from Sprinaer Group Architects on behalf of Jeremy Shea dba Shea Homes - 5.6188-acre tract described as Tract 1. Certificate of Survey No. 985 (southeast auadrant of intersection of Cottonwood Road and Durston Road): refer to staff Approval of final plat for Amended Plat of Minor SubdiYision No. 99 - amend Lot 3 of Minor Subdivision 99 (Advanced Technology Park) (P-03004) Ratify City Manager's reappointment of Jim Drummond to Police Commission. with three-year term to expire on April 30. 2006 Claims It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the fallowing Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Youngman and Mayor Pro Tempore Cetraro; those voting No, none. Public hearina - proposed 2003 Sidewalk Proaram This was the time and place set for the public hearing on the proposed 2003 Sidewalk Program, as established by Commission Resolution No. 3587, entitled: 05-05-03 -2- COMMISSION RESOLUTION NO. 3587 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING THE CITY COMMISSION'S INTENT TO ESTABLISH A 2003 SIDEWALK PROGRAM AND TO ORDER THAT SIDEWALKS BE INSTALLED IN CERTAIN AREAS OF BOZEMAN,AS PROVIDED FOR IN SECTIONS 7~14~4109AND7~14-4110, MONTANA CODE ANNOTATED. Mayor Pro Tempore Cetraro opened the public hearing. Included in the Commissioners' packets was a letter of support for the 2003 Sidewalk Program from Tim Mcinnis, 321 Meagher Avenue. Engineering Assistant Andy Kerr presented the staff report. He highlighted the subdivisions in which sidewalks would be required under the proposed program, including Valley Unit Subdivision, Phase I, which was platted in the early 1980s. A condition attached to the preliminary plats for several recent subdivisions required installation of sidewalks in conjunction with development of individual lots or three years after filing of the final plat, whichever occurs first. The Sundance Springs Subdivision, Bridger Creek Subdivision and Diamond Estates Subdivision have reached the three-year anniversary; and, as a result of that condition, the remainder lots within each of those subdivisions are included in this program. No public comment was received in support of or in opposition to the proposed sidewalk program. Since there were no Commissioner objections, Mayor Pro Tempore Cetraro closed the public hearing. It was moved by Commissioner Brown, seconded by Commissioner Youngman, that the Commission authorize and direct staff to bring back a resolution enacting the 2003 Sidewalk Program. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Youngman, Commissioner Hietala and Mayor Pro Tempore Cetraro; those voting No, none. Public hearina ~ Conditional Use Permit ~ allow use of basement of existinq home on Lot 10. Block 1. Brunton Palffy Rearranqement. as an accessory dwellina unit ~ Kevin Wysocki. 416 North 11th Avenue (Z~03046) This was the time and place set for the public hearing on the Conditional Use Permit requested by Kevin Wysocki under Application No. Z-03046, to allow the use of the basement of the existing home on Lot 10, Block 1, Brunton Palffy Rearrangement, as an accessory dwelling unit. The subject property is located at 416 North 11 th Avenue. Mayor Pro Tempore Cetraro opened the public hearing. Planning Director Andy Epple presented the staff report on behalf of Assistant Planner Jami Morris. He indicated that no exterior modifications will be made to the structure or the site. He stated that staff has reviewed this application in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. He noted that, as a result of that review, staff has forwarded a recommendation for approval, subject to five conditions. Responding to questions from Commissioner Brown, applicant Kevin Wysocki stated that the basement apartment would have a full bath and the upstairs dwelling unit would have 1'Y4 bathrooms. He then indicated a willingness to respond to any additional questions. Mr. James Dickerson, 421 North 10th Avenue, stated that he grew up in his home and is the second generation of his family to own it. He noted that his property is adjacent to the subject property and asked if adequate parking is available for the second unit. Also, he stated that traffic in the alleyway has increased over the past five or ten years; and he is concerned that this application will further increase that volume. He voiced concern about the potential that, if the applicant relocates, this could become a multi-family rental unit with additional vehicles. He suggested that, if it is the intent to allow apartments in what has traditionally been a single-family residential area, the zoning be changed to allow anyone who wishes to add an apartment rather than considering applications on an individual basis. 05-05-03 ---------- _.. ._..un _ . ._ _.__..._.___ ._.... .._._.n___._.._ --.-....-..-..----... - 3 - Planning Director Andy Epple stated that there is a single-car garage attached to the house, with one parking space in front of it. Also, there is a two-car garage on the back of the lot, with parking spaces behind it. Staff has reviewed the available parking and determined it is adequate for the residence and an accessory dwelling unit that will house no more than two people. He then turned his attention to the differences between a multi-household unit and an accessory dwelling unit. He indicated that, since accessory dwelling units are allowed only under a conditional use permit, they are considered on an individual basis to ensure they do not negatively impact the surrounding single-family area. Responding to Commissioner Youngman, the Planning Director stated that a conditional use permit runs with the land; and a subsequent property owner would be subject to the same conditions for the accessory dwelling unit as the applicant is. Since there were no Commissioner objections, Mayor Pro Tempore Cetraro closed the public hearing. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Conditional Use Permit requested by Kevin Wysocki under Application No. 2-03046, to allow the use of the basement of the existing home on Lot 10, Block 1, Brunton Palffy Rearrangement, as an accessory dwelling unit, be approved subject to the following conditions: 1. Either the main dwelling unit or the accessory dwelling unit must be actually and physically occupied as a principal residence by at least one owner of record who possesses at least an estate for life or a fifty percent fee simple ownership interest. Not more than one of the dwellings may be rented by non-owners at the same time. The applicant shall file a binding deed restriction or covenant enforcing "single rental" at the Clerk and Recorder's Office prior to final site plan approval. 2. One paved off-street parking space shall be provided for the exclusive use of the accessory dwelling unit. 3. The final site plan and any lease agreements shall specify that the occupancy of the accessory dwelling unit shall not exceed 2 persons. 4. 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. 5. Seven (7) copies of the final site plan containing all of the conditions, corrections and modifications approved by the City Commission shall be submitted for review and approval by the Planning Director within six months of the date of approval. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown and Mayor Pro Tempore Cetraro; those voting No, none. Public hearing - Minor Site Plan with Certificate of Appropriateness - allow construction of 8.835- square-foot expansion to existina warehouse on Lots 1-3. Tract 8. Gardiner-Simmental Plaza. with deviation from Section 18.54.110. Bozeman Municipal Code. to allow a setback of 33 feet instead of reauired 50 feet for North 19th AvenuelWest Oak Street areenwav corridor - Prugh & Lenon for SKA. Inc. (Anderson Precast. 5851 East Baxter Lane) (Z-03050) This was the time and place set for the public hearing on the Minor Site Plan with Certificate of Appropriateness requested by Prugh and Lenon for SKA, Inc., under Application No. 2-03050, to allow the construction of an 8,835-square-foot expansion to the existing warehouse located on Lots 1 through 3, Tract 8, Gardiner-Simmental Plaza, with a deviation from Section 18.54.110 of the Bozeman Municipal Code to allow a setback of 33 feet instead of the required 50 feet from the North 19th Avenue/West Oak Street greenway corridor. The subject property is located at 5851 East Baxter Lane and is the location of Anderson Precast. 05-05-03 -4- Mayor Pro Tempore Cetraro opened the public hearing. Urban Designer Candace Honatke presented the staff report. She noted that the subject property, which is located at the northeast corner of the intersection of North 19th Avenue and Baxter Lane, is zoned "M-1 ," Light Manufacturing, and is located in both the North 19th Avenue corridor in the design objectives plan and in the North 19th Avenue/West Oak Street corridor overlay district in the master plan. She indicated that the applicant is seeking a deviation to allow the addition to be set back 33 feet from the greenway corridor rather than the 50 feet required. The Urban Designer stated that staff has reviewed this application in light of all applicable criteria, and staff's comprehensive findings are contained in the written staff report. She indicated that under this application, an addition is to be constructed on the north end of the existing building, with a slight offset to the west; and the crane rails are to be extended through that addition. A new parking lot containing 23 spaces for employees and an 8-foot-wide asphalt trail along North 19th Avenue are to be constructed, streetscape boulevard plantings installed, and existing plantings maintained. She stated that the building design of the addition fits well with the existing structure. She concluded by forwarding staff's recommendation for approval, subject to 37 conditions. Responding to Commissioner Hietala, the Urban Designer confirmed that the southwest corner of the existing building is less than 30 feet from the greenway corridor. She also noted that the crane rail system is located essentially the same distance from the greenway corridor as the corner of the building. Responding to questions from Commissioner Brown, Planning Director Epple stated that the proposed offset between the existing building and the addition helps to break up what would otherwise be a long facade along North 19th Avenue, while allowing the crane rails to be extended. He then noted that the southwest corner of the building is closer to the street than it might otherwise have been because of right-of-way purchases for the intersection and North 19th Avenue that were completed after the building was constructed. In response to questions from Commissioner Youngman, Urban Designer Honatke stated that, of the last three recommended conditions, only the final one involves a current cost. She acknowledged that the waiver of right to protest could result in a future assessment, but indicated no cost is attached to the requested easement. She noted that staff feels a sidewalk along Baxter Lane is important for pedestrian circulation in this area. Mr. Steve Anderson, applicant, referenced his letter, which was included in the packet. He cautioned that all of the 37 recommended conditions have a cost attached to them, and the result is that meeting the conditions would be more expensive than the expansion project itself. He indicated that if the application is approved with all of those conditions, he will not construct the project because he cannot bear, or justify, those costs. He recognized that the waiver of right to protest the SID for the North 19th Avenue/ Valley Center Drive project will not have an immediate cost but could have a huge cost later. Furthermore, North 19th Avenue adjacent to his property is already a four-lane facility, so he does not feel he would benefit from the street widening project. He also does not feel that requiring the installation of sidewalks along Baxter Lane is appropriate, since the cross section of Baxter Lane is not yet known and the likelihood of tearing out and reconstructin~ the sidewalk in conjunction with the street improvements is high. He noted that this property is now worth 3 per square foot; and requiring him to execute an easement for a 15-foot by 550-foot strip of land would result in significant expense to him when he sells the property. Planning Director Epple stated it has been the City's policy to require sidewalks in this area in conjunction with development, citing the Chamber of Commerce as an example. He then noted that the easement relates to the street design standards in both the transportation plan and the growth policy. Responding to Commissioner Brown, the Planning Director suggested that the value of these lots has increased with the construction of the new roads in this area and will increase further with additional street improvements. Responding to questions from Commissioner Youngman, City Engineer Rick Hixson stated the City has no plans to improve Baxter Lane at this time. He reminded the Commission that a few years ago, the Montana Department of Transportation proposed that Baxter Lane be truncated rather than extended to North 19th Avenue; and he cannot guarantee that future development will not change the City's plans or the MDT's plans for Baxter Lane. He indicated that development of Lewis and Clark Subdivision, to the east 05-05-03 - 5 - of this site, will include installation of sidewalks along the entire Baxter Lane frontage. He noted that the sidewalk will be constructed in the standard location and will match the centerline grade of the street, since it is anticipated there will be no change or very little change in the vertical alignment. The City Engineer then turned his attention to the improvements to North 19th Avenue and Valley Center Drive, noting those improvements will benefit all adjacent properties since they are network improvements that enhance the entire area. No one was present to speak in opposition to this proposed expansion. Mr. Steve Anderson stated his business is not the type that needs to be located at the intersection of two busy streets; rather, it is a small local business with limited resources that can be located in a quiet area with less visibility. He reiterated his position that if the project is approved with the 37 recommended conditions, he will not construct it. He then noted that his taxes have increased over the past four years from $12,000 to $32,000 per year; and he cannot absorb much more cost. Commissioner Hietala asked that the decision be delayed for two weeks to give staff and the Commission an opportunity to identify possible alternatives. Responding to Commissioner Youngman, Mr. Anderson indicated he has no problem with the requested delay. City Manager Johnson indicated that this item will be placed on the May 19 agenda for further consideration. Public hearing - Maior Site Plan with Certificate of Appropriateness - allow construction of 13.501- sauare-foot. two-story office addition on existina structure on Lot 1. Block 109. Amended Plat C-23- A6. Northern Pacific Addition. with deviations from Section 18.50.11 O.F .. Bozeman Municipal Code. to allow the site to have 27 fewer parking spaces than reauired and from Section 18.50.060.D.. to allow expansion of existina drive aisle to encroach an additional 12 feet into reauired 75-foot watercourse setback from Bozeman Creek - Lattice Materials. 516 East Tamarack Street lZ-03045) This was the time and place set for the public hearing on the Major Site Plan with Certificate of Appropriateness, requested by Lattice Materials under Application No. Z-03045, to allow the construction of a 13,501-square-foot, two-story office addition to the existing structure on Lot 1 , Block 109, Amended Plat C-23-A6, Northern Pacific Addition, with deviations from Section 18.50.11 O.F. of the Bozeman Municipal Code, to allow the site to have 27 fewer parking spaces than required, and from Section 18.50.060.0., to allow expansion of the existing drive aisle which will encroach an additional 12 feet into the required 75-foot watercourse setback from Bozeman Creek. The subject property is located at 516 East Tamarack Street. Mayor Pro Tempore Cetraro opened the public hearing. Included in the Commissioners' packets were letters of support from Jon Gerster, 719 North Wallace Avenue, dated April 29, 2003; and from the Northeast Neighborhood Association, dated April 29, 2003. Assistant Planner Susan Kozub presented the staff report. She stated 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 highlighted the project and the staff's findings. She then turned her attention to the recommended conditions, which pertain to parking, landscaping, lighting and signage. The Assistant Planner noted that the applicant is seeking two deviations in conjunction with this proposed expansion. The first is from the parking requirements, to allow 27 fewer parking spaces than required under the code and the second is to allow the driveway to encroach into the 75-foot watercourse setback from Bozeman Creek. The Assistant Planner stated that, after review, staff has recommended that these deviations be approved as requested. Responding to Commissioner Brown, Assistant Planner Kozub acknowledged that the deviation for 27 parking spaces seems huge; however, she noted that this office space is for the company and not office rental space. She stressed that this addition does not result in many more new employees; it simply provides new office space for those who already work for the company. She noted there is adequate 05-05-03 ----..--.-.--------. - 6- parking at this time, and staff felt the reduction in parking is appropriate particularly in exchange for the design of the project. Planning Director Epple reminded the Commission that this area has historically been a mixed use industrial/residential area, and reducing the parking requirements recognizes the character of the neighborhood. Mr. Chris Nixon, 719 North Wallace Avenue, spoke in support of the project. He noted that since this business opened next door to his business, they have voluntarily made improvements to the site, including landscaping and a paved parking lot. Furthermore, the owner has willingly responded to the few concerns raised. He stated that the past few years, the Northeast Neighborhood Association has been accused of NIMBYism; and in this instance he has found the industrial neighbor has been better than many of the other neighbors. He noted that he would typically have a problem with the requested deviation to allow the driveway to encroach further into the streambank setback; but in this instance he feels it is appropriate and should not be detrimental to the stream. Also, he expressed support for the deviation to reduce the number of parking spaces provided, particularly since the current lot is never near capacity. He concluded by encouraging Commission approval of this application. Mrs. Cheryl Qtt, 717 North Church Avenue, thanked Mr. Tengelson for the improvements he as made to the Lattice site and noted he is a very good neighbor. She noted that the parking lot has been greatly improved, and she appreciates the picnic area that he has provided for his employees. Mr. Jon Gerster, 719 North Wallace Avenue, spoke in support of the application, noting that his is the "business of sleeping people;" and Mr. Tengelson has been very responsive to the concerns he has voiced about noise. He characterized Lattice as a family operation, noting that he enjoys watching the applicant's sons mow the grass. Also, this is the type of high tech business that the community desires, including the types of jobs provided. He noted the plan for the expansion is excellent and is in character with the neighborhood. He concluded by asking the Commission to approve the application. No one was present to speak in opposition to the application. Mr. John Tengelson, applicant, indicated a willingness to respond to questions. Since there were no Commissioner objections, Mayor Pro Tempore Cetraro closed the public hearing. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Major Site Plan with Certificate of Appropriateness, requested by Lattice Materials under Application No. Z-03045, to allow the construction of a 13,501-square-foot, two-story office addition to the existing structure on Lot 1, Block 109, Amended Plat C-23-A6, Northern Pacific Addition, with deviations from Section 18.50.110.F. of the Bozeman Municipal Code, to allow the site to have 27 fewer parking spaces than required, and from Section 18.50.060.0., to allow expansion of the existing drive aisle which will encroach an additional 12 feet into the required 75-foot watercourse setback from Bozeman Creek, be approved subject to the following conditions: 1. The location, placement, and size of all proposed rooftop and ground-mounted mechanical equipment and the method of screening such equipment shall be depicted on the site plan and the exterior elevations as part of the final site plan submittal. Ground-mounted equipment shall be screened from all views by either dense plant material or a solid wall. Rooftop mechanical equipment shall be either fully screened by incorporating the equipment into the roof form or be fully hidden behind a parapet wall. 2. The existing picnic area located in the southwest portion of the property shall be maintained to provide useable outdoor open space for employees. 3. The applicant shall provide a color palette and sample materials board for review and approval by Administrative Design Review (ADR) Staff prior to final site plan approval. 4. All references to a Conditional Use Permit shall be removed from the final site plan submittal. 05-05-03 ..---.----- -..--- .-.....---------- - 7 - 5. The final site plan shall depict actual property lines as surveyed, not potential future property lines. 6. The accurate and most recent legal description for the property shall be properly noted on the final site plan. 7. All parking calculations on the final site plan must be in accordance with Section 18.50.110.F. 8. The area immediately next to the creek shall be planted and maintained with native riparian sedges, forbs, and grasses in accordance with Section 18.50.060.0. and all trash shall be removed from the riparian area along the section of Bozeman Creek within the Lattice property. 9. Seven (7) copies of the final site plan containing all of the conditions, corrections and modifications approved by the City Commission shall be submitted for review and approval by the Planning Director within six months of the date of City Commission approval. 10. A building permit must be obtained prior to the work, and must be obtained within one year of final site plan approval. Building permits will not be issued until the final site plan is approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of the final site plan, including excavation and footing preparation, but NO CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED. 11. The applicant shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements at the time of final site plan submittal. If occupancy of the structure is to occur prior to the installation of all required on-site improvements, the Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve (12) months; however, all on-site improvements shall be completed by the applicant within nine (9) months of occupancy to avoid default on the method of security. 12. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness application. Any modifications to the submitted and approved drawing 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. 13. Per Section 18.50.035.A. "Glare and Lighting," lighting standards used to illuminate off-street parking areas shall not exceed 20 feet or the height of the tallest building on the lot, whichever is lower. In addition, any lighting shall be arranged so as to deflect light down and/or away from any adjoining properties and shall not detract from driver visibility on adjacent streets and luminaries and lenses shall not protrude below the edge of the light fixture. All light standards and fixtures shall be compatible with the site design and architecture. Details and a cut sheet shall be provided with the final site plan submittal identifying both the wall-mounted and parking lot lighting fixtures, subject to approval by Administrative Design Review Staff and the Historic Preservation Office. 14. Per Section 18.49.040.C.3. "Preparation of Landscape Plan,"landscape plans shall be prepared and certified by a registered Montana landscape architect, an individual with a degree in landscape design and two years of professional design experience or an individual with a degree in a related field and at least five years of professional design experience. 05-05-03 ..----.----.-. --- - 8- 15. Per Section 18.49.060.C. "Parking Lot Landscaping," internal parking lot landscaping provided shall be proportionately dispersed so as to define aisles and limit unbroken rows of parking to a maximum of one hundred feet; therefore, an additional landscape island shall be provided in the southern row of parking. 16. Per Section 18.50.110.8.14. all snow removal storage areas shall comply with this section and shall be clearly noted on the final site plan. 17. Per Section 18.50.080.B. the street vision triangle for a driveway shall be depicted on the final site plan, defined as a triangular area where corners are defined by two points on the right-of-way line, fifteen feet on each side of the centerline of the driveways or alley and a point ten feet outside the right-of-way. 18. Per Section 18.65, all signage must conform to the Bozeman Sign Code. All new signage will require a sign permit, subject to review and approval by the Planning Department. 19. The final site plan shall be adequately dimensioned. A complete legend of all line types used shall also be provided. 20. A Stormwater DrainagelTreatment Grading Plan for a system designed to remove solids, silt, oils, grease, and other pollutants has been provided to the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations), stormwaterdetention/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. 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 professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. 22. Sewer and water services shall be shown on the final site plan and be approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. 23. 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." 24. 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. 25. Typical curb details (Le., 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. 26. The Montana Department of Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (Le., 310, 404, turbidity exemption, etc.) shall be obtained prior to final site plan approval. 27. All existing utility and other easements must be shown on the final site plan. 05-05-03 - 9- 28. 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). 29. Drive approach sight triangles shall be free of plantings which at mature growth will obscure vision within the sight triangle. 30. Unless currently filed with the property, the applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of SIDs for street improvements to East Tamarack Street including paving, curb/gutter, sidewalk, and storm drainage. 31. An easement shall be provided for the existing sanitary sewer main that extends into the parking lot from Aspen Street. The easement shall be a minimum of 20 feet in width, with the utility located in the center of the easement. 32. The applicant is advised that East Tamarack Street is a collector as shown in the Greater Bozeman Area Transportation Plan 2001 Update, and a 15-foot public street and utility easement will be required for East Tamarack Street. 33. The applicant is advised the City's Pretreatment Program requires renewal of the existing Industrial Wastewater Discharge Permit upon completion of the expansion. 34. If the applicant intends to use vacated East Aspen Street as the secondary access, details verifying a 24-foot two-way drive access shall be provided on the final site plan. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Youngman and Mayor Pro Tempore Cetraro; those voting No, none. Presentation of recommendations for Bozeman's affordable housina plan. Paul Peninaer. Bav Area Economics (BAE) Due to the fact that the plan has not yet been completed, City Manager Johnson stated this item is to be postponed to a later date. Public Comment Electrical substation expansion All four of the people who spoke addressed this subject. Mr. Bart Manion, 425 East Lincoln Street, noted that NorthWestern Energy has applied for a floodplain permit to allow for expansion of the electrical substation located between South Rouse Avenue and South Church Avenue. He asked that the City Commission try to convince County Planning Director Jennifer Madgic that an architecturally designed building located outside the floodplain, with underground lines, would be more appropriate. He stated that 80-percent of the proposed expansion is located within the floodplain. He indicated that the bank on which it is located is artificially built up so that it is approximately three feet higher than the bank on his side of the stream, and that has caused the stream to shift. Mrs. Berit Manion, 425 East Lincoln Street, noted their property is located adjacent to the proposed power lines; and she is concerned that her children will be sUbjected to electromagnetic radiation as they play in their sandbox located only 30 to 35 feet from the lines. She asked for the City's help in negotiating a better plan for the expansion. Mr. Michael Dunn, 1419 South Church Avenue, stated he resides inside city limits and adjacent to the subject site. He suggested that the City should have substantial input on what he views as a cheap, bad plan. 05-05-03 - 10- Mr. G.K. Reiser, 1603 South Church Avenue, stated that NorthWestern Energy owns enough land in this area to construct the entire substation outside the floodplain. Further, he noted the site is to be surrounded with a chain link fence and a decorative wall with every other block at ground level open so that water can run through the site. The County Commission has asked that ground seal be used to protect the groundwater; however, he cautioned the result will be that all runoff from this site into the creek will carry those pollutants into Bozeman Creek. He indicated that, as a result of the public input on the sub-area master plan for this area, it is obvious a majority of the residents don't want to see development in this corridor. He concluded by noting he has a petition with over 500 signatures of Bozeman residents opposed to the proposed expansion and asked the City to forward its input as an adjacent property owner. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1 ) Copy of a letter from Engineering Assistant Andrew Kerr, dated April 28, to property owners near the intersection of South Willson Avenue and West Garfield Street informing them of extensions ofthe "no parking here to corner" zones. Commissioner Hietala expressed concern with the proposed elimination of parking spaces, suggesting that the lengths of the "no parking" areas may be excessive. He acknowledged the need for vision triangles, particularly for those drivers attempting to make a left turn from West Garfield Street onto South Willson Avenue but suggested that may involve only two sides of the South Willson Avenue legs rather than all four sides. Commissioner Brown stated that he, too, is concerned about eliminating too much on-street parking. Director of Public Service Debbie Arkell stated she will ask Engineering Assistant Kerr to review the proposal and submit additional information on the proposed extension of the "no parking" zones. (2) Copy of the press release announcing that the compost collection program for this summer will begin on May 12. (3) Fax message from Michael Delaney, Delaney and Company, requesting that the Business Park land use classification in the Bozeman 2020 Community Plan be amended to include hotels, convention centers, restaurants, bars, and a variety of commercial, entertainment and recreational uses. (4) Newsletter from Headwaters Recycling announcing that their next meeting will be held on May 8 in West Yellowstone. (5) Updated list of planning projects to be considered at upcoming Commission meetings, dated May 1. (6) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, May 6, in the Commission Room. (7) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, May 6, at the Professional Building. (8) Memo announcing that the Cemetery Board meeting has been rescheduled from May 6 to May 27. (9) Agendas for the Zoning Commission meeting to be held at 7:00 p.m. and the City Planning Board meeting to be held at 7:30 p.m. on Tuesday, May 6, in the Commission Room. (10) Director of Public Service Debbie Arkell announced that, beginning next Monday, North 19th Avenue will be reduced to one northbound lane between West Main Street and West Beall Street to accommodate utility work by NorthWestern Energy in anticipation of the intersection improvements. Also, if the City can obtain the needed right-of-way easement from the railroad, work will begin later this summer on construction of the new North Rouse Avenue sewer main. 05-05-03 - 11 - (11) Planning Director Epple submitted the following. (1) Reminded the Commission of the facilitated meeting on Opera House Park scheduled for 10:00 a.m. on Thursday in the basement of the Professional Building. A majority of the Commissioners expressed their intentions to attend the meeting. (2) Stated that last Wednesday, the Planning staff hosted a meeting for the Sourdough Creek sub-area plan, as a follow-up to the charette. He indicated that it appears the sub-area plan will include a conservation- oriented plan with pockets of development. (3) Noted that Mayor Kirchhoff has expressed his support for the proposed restaurant at the corner of North 7th Avenue and West Main Street and asked if any other Commissioners feel the proposal has merit and could support the informal plan submitted at last week's meeting. (12) Commissioner Youngman stated she is interested in submitting City comments on the proposed electrical substation expansion near Bozeman Creek. Commissioner Brown stated he feels this is very inappropriate development and, due to the high cost of burying high voltage lines, he believes there is justification for leaving the power lines above ground. Commissioner Hietala expressed his concurrence with Commissioner Brown's comments. City Manager Johnson cautioned that the proposed expansion is designed, in part, to address the needs of the hospital and Scientific Materials. He suggested that a staff report that identifies alternatives may be more appropriate than a letter of opposition. In light of the discussion, Planning Director Epple indicated he will draft a letter for the Commission that encourages the County to explore other options. (13) Commissioner Youngman stated that a representative from the Library Foundation has requested a support letter that Montana's three congressional members can use in seeking federal monies to support specific parts of the new library project. She suggested that a letter from the entire Commission rather than from her as the Commission liaison to the Library Board could be beneficial; the Commissioners concurred with that proposal. (14) Commissioner Brown reported on the hearing on the proposed tire burning for Holcim. He noted that a lot of enthusiasm was generated at that meeting, with the employees of the plant apparently being the only ones to support the proposal and a lot of opposition from a variety of people, including 93 physicians. He stated there is concern that the engineering firm doing the environmental study has at least one former Department of Environmental Quality employee; and the firm is using information from other areas, such as wind data from Great Falls. He stated that, as a result of the public comment received and the complexity of the issues, the comment period has been extended to May 30. Adiournment . 8:40 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 and Mayor Pro T em~~those voting No, none. W vU'- ~ 1\ DREW L. CETRARO Mayor Pro Tempore ATTEST: ~J~ R IN L. SULLIVAN Clerk of the Commission 05-05-03 -