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HomeMy WebLinkAbout2003-06-21 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA July 21,2003 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, July 21, 2003, at 3:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner Marcia Youngman, Commissioner Jarvis Brown, Commissioner Andrew Cetraro (arrived at 3:08 p.m.), 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. Commissioner Hietala was absent. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Authorize absence of Commissioner Hietala from this meeting It was moved by Commissioner Youngman, seconded by Commissioner Brown, that the Commission authorize Commissioner Hietala's absence from this meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Brown and Mayor Kirchhoff; those voting No, none. Sianina of Notice of Special Meetina Each of the Commissioners, in turn, signed the Notice of Special Meeting to begin the meeting at 3:00 p.m. rather than 7:00 p.m. Minutes - January 18. 2000. and May 19. Mav 27. June 10. Julv 7 special. July 7 and Julv 14. 2003 It was moved by Commissioner Brown, seconded by Commissioner Youngman, that the minutes of the July 7 special meeting and the July 7 regular meeting be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, and May 19, May 27, June 10 and July 14, 2003, to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Approval of final plat for Westfield Subdivision. Phase IIIB (subdivide 13 acres Ivina between South 3rd Avenue and Wagon Wheel Road. south of Graf Street. into 31 residential lots) (P-03022) Authorize Citv Manaaer to sian - Annexation Agreement with Montana Conference Association of Seventh-Dav Adventists - 9.036-acre parcel Ivina between Haggerty Lane and 1-90 at Ellis Street extended and adiacent 4.91 acres of public riaht-of-wav for Haagerty Lane Commission Resolution No. 3608 - annexina 9.036-acre parcel Ivina between Haaaertv Lane and 1-90 at Ellis Street extended and adiacent 4.91 acres of public right-of-wav for Haaaertv Lane 07-21-03 _" __ ___.n ._ - 2 - COMMISSION RESOLUTION NO. 3608 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF A CERTAIN CONTIGUOUS TRACT OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT. Ordinance No. 1601 - establish an initial zonina desianation of "R-4" on 9.036-acre parcel Iyina between Haaaerty Lane and 1-90 at Ellis Street extended and adiacent 4.91 acres of public right-of-way for Haggerty Lane; provisionally adopt and bring back in two weeks for final adoption ORDINANCE NO. 1601 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE ZONE MAP BY ESTABLISHING AN INITIAL ZONING DESIGNATION OF "R-4" (RESIDENTIAL HIGH DENSITY DISTRICT) ON 14:t ACRES SITUATED IN THE SW%, SE% OF SECTION 8, T2S, R6E, PMM, GALLATIN COUNTY, CITY OF BOZEMAN, MONTANA. Ordinance No. 1602 - amendina the zonina desianation from "BP" to "B-2" on 126:t acres and from "BP" to "R-3" on 12:t acres located northwest of the intersection of Baxter Lane and Gallatin Green (Baxter Meadows. Phase 11); provisionally adopt and brina back in two weeks for final adoption ORDINANCE NO. 1602 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE ZONE MAP BY AMENDING THE ZONING DESIGNATION FROM "BP" (BUSINESS PARK DISTRICT), TO "B-2" (COMMUNITY BUSINESS DISTRICT) ON 126:t ACRES AND TO "R-3" (RESIDENTIAL MEDIUM DENSITY DISTRICT) ON 12:t ACRES LOCATED NORTHWEST OF THE INTERSECTION OF BAXTER LANE AND GALLATIN GREEN, DESCRIBED AS TRACT 4, COS 2202 AND A PORTION OF TRACT 2, COS 2202, AND LOCATED IN THE SE% OF SECTION 34, T1S, R5E, PMM, CITY OF BOZEMAN, MONTANA. Authorize Mayor to sian - Acceptance of Bylaws of the Bozeman Area Bicycle Advisory Board Authorize City Manaaer to sian - Memorandum of Understanding for SBIR seminars to be administered by the Gallatin Development Corporation under CDBG Contract No. 03-51-0051 Authorize City Manaaer to sian - Amendment No. 4 to Professional Services Aareement with HKM Enaineerina. Inc.. Bozeman. Montana - Lyman Creek Reservoir Proiect Approyal of License for Use Agreement for Boaert Farmers' Market for 2003 - Friends of Bogert Park Acknowledae receipt of City Manager's Budget Recommendation for Fiscal Year 2003-2004 Claims It was moved by Commissioner Youngman, seconded by Commissioner Brown, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Brown and Mayor Kirchhoff; those voting No, none. 07-21-03 - 3 - Continued informal review - pre-application for Baxter Meadows Subdivision. Phase II - subdivide :t57 acres located north of Baxter Lane and west of Davis Lane into lots for commercial neiahborhood center. town center. multi-familv residential. villaae homes and traditional homes. with relaxations to various subdivision and zonina reaulations (1-03015) Included in the Commissioners' packets was a memo from Contract Planner Lanette Windemaker forwarding the issues upon which the applicant is seeking Commissioner comment. Attached to that memo is a copy of the draft minutes from the joint Planning Board/Zoning Commission meeting held on July 15, at which this issue was discussed. Also included in the packets was an e-mail message forwarding the Recreation and Parks Advisory Board's comments as a result of review at their July 10 meeting. Mayor Kirchhoff suggested that the Commissioners review the fourteen bulleted items in the minutes from the joint Planning Board/Zoning Commission meeting, providing input on each individual item after the applicant has identified the reason for the request. He asked that the Commissioners then provide clear feedback on each item, noting that he will not be asking if a majority of the Commissioners agree with a specific position. Commissioner Cetraro arrived at 3:08 p.m. . Section 16.14.030.F., to allow lots to have average depth greater than 3 times average width. Mr. Jeff Kanning stated this relaxation applies to all zoning districts. Proposed 50-foot-wide lots will allow for greater flexibility and opportunity to combine lots, to gain the lot size desired for a particular building. Also, this initial configuration of lots would allow for moving lot lines after the initial subdivision process. In the residential area, some smaller lots are proposed to fit the five different housing types ranging from estate houses to cottages. Responding to Mayor Kirchhoff, Mr. Kanning stated that this requested deviation has not previously been sought, but could be useful in a couple blocks on the perimeter of the neighborhood center, where there would be no alley. He indicated that this relaxation would allow for the massing of lots in a configuration that might not meet the 3 to 1 ratio. Planning Director Epple noted this requirement was implemented as a result of finding that narrow lots that exceed the 3 to 1 ratio can be difficult to develop. Commissioner Youngman indicated she has no inherent problem with the proposal, noting her final decision will depend on how a specific proposal goes through the review process and the Planning Board's recommendation. Mayor Kirchhoff voiced his concurrence with Commissioner Youngman's comments. Responding to Commissioner Cetraro, Mr. Kanning confirmed that this relaxation would apply to only a couple of blocks. With that assurance, Commissioner Cetraro expressed support. Commissioner Brown stated that, realizing the relaxation would apply to a limited area, he feels the rationale is good and that the result could be appropriate. . Section 16.14.030.H., to not require public street frontage. Mr. Kanning noted some of the bungalow homes around the pocket parks are to front onto those parks rather than the street. He characterized pocket parks as a key element of the development and a continuation of what was approved for Phase I. The Commissioners indicated they are favorably inclined to the continuation of this configuration. . Section 16.14.040.C., to allow wider blocks. Mr. Kanning stated the block configurations vary greatly, with some of the blocks being longer than allowed. This is an effort to cut down on the number of streets within the development and to maximize the number of homes. The locations of some of the streets are predicated on the locations of the utilities and manholes, particularly since the manholes have been installed based on the preliminary drawings completed by MithOn. To construct streets in different locations at this time, new manholes would need to be installed. He suggested that concerns about the long blocks can be accommodated with pedestrian crossings. 07-21-03 - ------------- ------ ------------ ..-...- ,--_...,---_._~------'--'--- -.---..---- -4- Responding to Commissioner Youngman, Mr. Kanning estimated the longest block at 1200 feet. Mayor Kirchhoff stated that only if the mid-block pedestrian access is safe, could he support it. Commissioner Youngman stated that if traffic calming devices are used to ensure people are not invited to speed on the long block, she could support it. She then noted that 1200 feet without a break is too long. Commission Brown suggested textured pedestrian crossings that create a rumble would be good. He then voiced support for the long blocks only if they are broken. Commissioner Cetraro stated his concurrence with the other Commissioner comments, noting he can support the long blocks only if they are broken. . Section 16.16.080, to allow private streets that don't meet City standards. Mr. Kanning noted that this relaxation would apply primarily in the neighborhood center, to allow for diagonal parking. He indicated that a wider driving lane is required to allow for backing from a 60-degree parking space. Also, a landscaped boulevard is proposed for the center of the street, which will reduce the width of uninterrupted pavement. Mayor Kirchhoff noted that input from the Engineering staff reveals private streets often become publicly-maintained streets, so he wants to make sure that the street design approved allows for good maintenance at a low cost. Responding to questions from Mayor Kirchhoff, consulting engineer James Nickelson confirmed that dropping from a 3-percent slope to a 2-percent slope eliminates the grade issues. He suggested that drainage can be accommodated through storm drainage inlets at the edge of the parking area and through trenches under the bulb-outs on the sidewalks. He noted this would remove the need for a "W" design and would allow for a standard crown design. Commissioner Brown stated he cannot support the "W" design, noting that it would result in higher maintenance costs in the long run. He stated that he has no problem with the wider right-of-way, boulevards or wider sidewalks, although he does feel there should be some separation between sidewalks and the diagonal parking. Responding to Mayor Kirchhoff, Planning Director Andy Epple stated that bicycle lanes are not required on local streets. Commissioner Youngman characterized this as a technical issue rather than a policy maker call. She recognized the decreased slope is a compromise and stated she is confident the Engineering staff will ensure adequate drainage is provided and that bicycles can safely travel on the streets. She noted a design method that would make it safe for smaller cars to back out of diagonal parking spaces would be appreciated. Commissioner Cetraro expressed his general support for the applicant's proposal, and asked staff to work with the applicant in an effort to resolve the issue. . Section 16.16.090, to allow private streets to have greater right-of-way widths, inverted crown design, no boulevards, wider sidewalks and diagonal parking. Mr. Kanning indicated that, to accommodate the diagonal parking and wide center boulevard, meeting the City standard for a crown street section with 3-percent slope would result in an extremely high center. The proposed "W" section would allow for water runoff to occur behind the cars in the diagonal parking spaces and would reduce the height of the center of the street. Responding to Mayor Kirchhoff, Mr. Kanning stated this item pertains to the "B-2" zoned portion of the subdivision only, and not any of the residential streets. Based on that comment, Mayor Kirchhoff indicated he has no problem with the requested relaxation. Commissioner Youngman stated she is concerned about the trend to private streets, and encouraged the applicant to consider public street configurations instead. She noted that if the City has no standards for diagonal parking, that issue should probably be revisited. 07-21-03 ------------------- .-.---- - 5 - Commissioner Cetraro suggested this issue be worked out with technical staff, noting it does not appear to be a policy call. Commissioner Brown stated he is concerned about the City being asked to assume maintenance on streets that are not constructed to public street standards. Mayor Kirchhoff noted the Commission has had numerous discussions on desirable street sections and widths; and there was definitely a concern to not overbuild the facilities and an interest in traffic calming, bike facilities, pedestrian safety and a pleasant environment. He recognized that the median splits the street, creating the narrower type of facility that is desired. . Section 16.14.110, to omit landscaped boulevards. Mr. Kanning stated that boulevard trees and the landscaped center median will provide as much or more landscaping than required under the code, simply in a different configuration. Mr. Kanning stated that in a typical parking lot, one tree is required for every nine parking spaces. He noted that the proposed plan provides one tree for every four parking spaces and asked if that would be acceptable, even though the configuration of the landscaping does not meet the code requirements. Planning Director Epple noted the Planning Board expressed strong concerns that it is seeing only snapshots of the project and not a comprehensive picture, so it could not see how the urban design amenities fit into the overall project. Commissioner Brown voiced his agreement with the Planning Board's concerns. Mayor Kirchhoff and Commissioner Youngman expressed an openness to considering the proposal, but noted they want assurance that adequate landscaping will be provided. . Chapter 18.30. Mr. Kanning indicated that relaxations include modifications to the list of permitted uses in the "B-2" zoning district to allow apartments on the ground level and to omit some of the more offensive uses. Other relaxations include eliminating the lot coverage limits and eliminating all setback requirements. He also forwarded the original request to allow 96-foot-high buildings in this area, and indicated that a 72-foot or 75-foot height limitation, which would allow a six-story building, might be an acceptable alternative. Mayor Kirchhoff noted he generally likes apartments on ground level, but he's been schooled that businesses are needed on the ground level to get an activated street. Responding to the Mayor, Mr. Kanning identified the block where a mix of residential and commercial uses is proposed. He then indicated that active streets are planned in the remainder of the phase, and that people will be encouraged to live in the neighborhood center. Commissioner Brown indicated his agreement with eliminating some ofthe uses for the "B-2" district as proposed. Mayor Kirchhoff noted that the issues of lot area, lot width and lot coverage have been previously addressed, citing recent approval of the requested deviations for the Trakker building as evidence that the Commission has determined this request is appropriate. He stated, however, he remains concerned about changing the standards for building height. He indicated that it is important to retain the downtown vitality, and allowing tall buildings in the northwest quadrant of the community might tip the energy to that area. Responding to questions from the Commission, Contract Planner Windemaker indicated the building height limitations at the present time are 38 feet for a flat roof and 44 feet for a pitched roof; and under the unified development ordinance, the limitation would increase to 66 feet through the conditional use process. Mayor Kirchhoff stated he cannot support the request for allowing 96-foot or even 72-foot heights in this subdivision; however, he would be willing to consider the height limitations under the conditional use provisions of the unified development ordinance once it is enacted. Commissioner Youngman indicated her concurrence with the Mayor's comments. 07-21-03 -- ---..-----'------------- ~ .----.---.." -.---- ..... _....nn__. .._._.. "._..._ .__.... _..__..__n .._. ---.---.--. - 6 - Commissioner Brown indicated he is opposed to waiving the height restrictions, realizing that a 66- foot structure may be allowed under the new regulations. Commissioner Cetraro stated his agreement, noting it appears the height will be increasing under the new code. . Chapter 18.49, re landscaping. Mr. Jeff Kanning stated that the relaxations from this chapter are needed in conjunction with the relaxations in the previous item, since there would be no setback or lot coverage limitations. He noted the applicant has previously requested that the Commission look at the neighborhood commercial center as a whole rather than as individual lots. In light of the discussion under Section 16.14.110, the Mayor noted the Commissioners have indicated the proposal is acceptable. . Section 18.50.035.0., re trash enclosures. Mr. Kanning stated that this development includes alleys to create a more traditional small downtown effect. Those alleys are designed to provide services, including trash collection; and the trash containers will be screened so they will not be visible from the street. The Commissioners all expressed support for this relaxation. . Section 18.50.080, to allow encroachments into street vision triangle. Mr. Kanning indicated that if the setback requirements are relaxed, buildings may be constructed at the lot lines; and this will result in encroachments into the street vision triangle. This will not occur along through streets, but at key intersections in the center of the neighborhood center where two local streets are involved. He suggested that bulb outs and traffic control devices can be used to address the safety concerns that might arise from those encroachments. Commissioner Brown expressed concern with not providing an adequate vision triangle and suggested the buildings at these intersections could be configured to open the triangle. Commissioner Youngman indicated she would have less concern if the intersections had four-way stops or traffic signals. She also suggested that angled entryways be used on those buildings, which could result in a friendly entry to the building. Planning Director Epple indicated that oversized sidewalks may help to address this issue, since that would reduce the amount of encroachment. Mayor Kirchhoff stated he is open to considering this relaxation, depending on the plans for a specific intersection. . Section 18.50.11 O.F., re parking requirements. Mr. Kanning asked that association-provided parking lots and on-street parking spaces be counted toward the parking requirements for individual lots within the neighborhood center. Mayor Kirchhoff noted that the Planning Board requested more information on this item; and he feels it is too early for the Commissioners to respond. Mr. Kanning stated that areas will be provided for "catch up parking," which he feels will help to preserve the core area. He then indicated that he will submit additional information on this issue. . Section 18.50.110.8.5., to allow backing into the public right-of-way. Mr. Kanning noted this relaxation is needed to allow backing into the public right-of-way for the diagonal parking. He stated this will allow for more on-street parking spaces. Mayor Kirchhoff noted this item was previously addressed under Section 16.16.080. Planning Director Epple suggested that incorporating transit oriented features into the development could help to reduce the number of parking spaces required. . Section 18.50.1 OO.A., to allow lots that don't have 25-foot minimum frontage onto a public street. Mr. Kanning stated that this provision, once again, pertains to allowing homes to front on the pocket parks 07-21-03 ___________n___________ .. . .---- .---..-.-..-.- - 7 - rather than the pUblic street. He noted that concerns about fire and police services were previously addressed in Phase I. Mayor Kirchhoff noted this item was previously addressed under Section 16.14.030.H. . Section 18.50.120, to allow the use of alleys for loading. Mr. Kanning stated that this, once again, allows for loading and unloading in the alleys, as well as trash collection. The Commissioners noted they have no problem with this proposed relaxation. Break - 4:15 to 4:25 D.m. Mayor Kirchhoff declared a break from 4:15 p.m. to 4:25 p.m., in accordance with Commission policy. Cont inued informal review (continued) - Dre-aDDlication for Baxter Meadows Subdivision. Phase 11- subdivide :!::57 acres located north of Baxter Lane and west of Davis Lane into lots for commercial neiahborhood center. town center. multi-family residential. villac;1e homes and traditional homes. with relaxations to various subdivision and zoning regulations (1-03015) . Open space. Mr. Kanning distributed a breakdown of open space requirements for both the zoning and the subdivision requirements for the Baxter Meadows planned unit development. In developing these calculations, he noted that all of the known dwelling units were tallied; however, the number of units in Phase V is not yet known. He addressed the open space requirements for the subdivision first, noting that 484 dwelling units have been identified, and that results in the requirement for 14.52 acres of open space. He reviewed the calculations for the amount of open space provided, noting that he used the square footage of the linear park minus the required setbacks for the watercourse, which resulted in a net of 10.80 acres; and added the total square footage in the pocket parks, the open space in the estates homes, the open space in the neighborhood center, and the retention areas, which totaled 57.3 acres. Mr. Kanning then turned his attention to the open space requirements for the zoning planned unit development. He indicated that the entire square footage of the linear park was included in the calculations for this open space; and the total of the linear park, pocket parks, estate homes open space, neighborhood center, and projected Phase V open space is 70.1 acres. The initial parcel was 438 acres and, with the sale of the 98-acre regional park, 340 acres remain for development. Based on that development area, 102 acres of open space is required to meet the 30-percent requirement; and 70.1 acres is to be provided under the current proposal. Planning Director Epple cautioned that the open space has been calculated on the entire 340 acres without first subtracting the public rights-of-way. He then noted that the Recreation and Parks Advisory Board has commented several times that it would like to see the pocket parks aggregated into larger units; however, Baxter Meadows has its reasons for wanting that parkland spread out. Responding to the Planning Director, Mr. Kanning stated the entire equestrian area is open to the public. Contract Planner Windemaker cautioned that each phase of the subdivision must stand alone, while the open space for the zoning can be carried between phases. Mr. Russ McElyea, attorney for Baxter Meadows, stated it is important to consider the role of the regional park in this subdivision. He gave a history of the regional park concept in Bozeman, noting that it started many years before this subdivision was started. He stated that a couple of years ago, negotiations began between the FORParks group, Gallatin County and Baxter Meadows, with the objective being the creation of a regional park that would be perpetual. In a September 2002 contract, both Gallatin County and Baxter Meadows made several concessions in a transaction that resulted in 98 acres being conveyed to Gallatin County for $2.3 million, which was under the $2.5 million fair market value. In addition, Baxter Meadows is to construct two ponds, 60,000 square feet of trail system, an amphitheater, and a 400-unit parking facility, at a total cost of $875,000. The County placed several covenants on the property, with the language being consistent with the open space act. 07-21-03 ___.. u_ _.._. __.________________ --.---.---. --- --. -.- - 8- Mr. McElyea stated he does legal work for the YMCA, and that group is trying to develop a long-term lease agreement with the County for a large regional recreational facility at or close to the park. He concluded by encouraging the Commission to support using a portion of the regional park for the open space requirements of Baxter Meadows through creative and innovative measures. Responding to Commissioner Brown, Mr. McElyea stated that the value of the gravel from the pits in the regional park have not been included in the figures, particularly since transporting of that gravel for use throughout the development results in increased costs. Mr. Jerry Williams, Baxter Meadows, stated that digging 26-foot-deep ponds is costly, in addition to the transportation costs; and it would actually be cheaper to use gravel from other locations on site. Mrs. Martha Lonner, President of FORParks, stated that the group promoting a 1 DO-acre regional park was originally formed in 1987 and was re-formed in 1999. Since that time, they reviewed 21 different parcels, worked hard to get the open space bond issue passed, and negotiated with Mr. Williams for purchase of this parcel. She noted that the community will not just get property but will get an established park in three to five years under the terms of the negotiated agreement. Planning Director Epple stated he feels that a recalculation of the open space without the road rights-of-way could make discussion of the regional park moot. He then suggested that the value added for the park could possibly be factored into the park requirements for the zoning planned unit development, although it cannot be used for the subdivision requirements. Mr. Jerry Williams stated he would like to get this issue resolved, so he can proceed with building a community and affordable houses. Mayor Kirchhoff stated that once the open space requirements have been recalculated, he feels confident the details can be worked out. Commissioner Youngman stated she is not inherently opposed to granting credit for work done in the park, although she wants assurance that the park will be improved. She recognized that the Recreation and Parks Advisory Board has a different perspective about pocket parks; but she noted the Commission is allowing them, and suggested that providing for some type of active recreation in those areas might be beneficial. Responding to Commissioner Brown, Contract Planner Windemaker stated there is a problem with giving credit for the regional park to meet the subdivision requirements, since it is County-owned property. She indicated that credits might, however, be used to meet the open space requirements for zoning. Staff Attorney Tim Cooper stated that, until the actual plats are filed, showing the acreage of open space or dedicated parkland, any need for credits will not be known; but the applicant does plan to meet the subdivision parkland dedication requirements. He stressed that, at the present time, the regional park is not a part of the plat for Baxter Meadows Subdivision and, therefore, cannot be counted toward meeting those parkland requirements. He then indicated that, from a legal perspective, he does not have a problem with allowing credit for improvements to the regional park to meet the open space requirements for the zoning planned unit development. Commissioner Brown noted it appears the applicant may not be as short on meeting the parkland and open space dedication requirements as originally thought, and he has no problem with granting credit for development of the regional park as long as there is assurance it will remain in the County's ownership. Commissioner Cetraro asked that staff provide the Commission with accurate information on the parkland dedication requirements, on which he can base a decision. Mayor Kirchhoff concurred that an accurate calculation of required open space is needed, and asked that staff work with the applicant once those calculations have been determined to identify how the shortfalls can most appropriately be addressed. He also asked that staff provide those calculations to the Commission for review. Mayor Kirchhoff closed this agenda item by thanking the applicant for the opportunity to review this informal proposal for Phase II of the Baxter Meadows Subdivision. 07-21-03 - 9- Recess - 5:25 p.m. Mayor Kirchhoff recessed the meeting at 5:25 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings and completing the routine business items. Reconvene - 7:00 p.m. Mayor Kirchhoff reconvened the meeting at 7:00 p.m. Public hearina - Maior Site Plan with Certificate of Appropriateness - Richard Shanahan for Tracy Cowdrey - allow construction of 44 commercial warehouse units with accessory offices on Lot 3A. Minor Subdivision No. 41-A. Shawnee Industrial Park: Lot 4. Minor Subdivision No. 41. Shawnee Industrial Park: and Lot 1A-5. Minor Subdivision No. 41-8 (20 and 30 Shawnee Way and 770 Osterman Drive) (East End Commercial Warehouses) (Z-03127) This was the time and place set for the public hearing on the Major Site Plan with Certificate of Appropriateness requested by Richard Shanahan for Tracy Cowdrey under Application No. Z-03127, to allow the construction of 44 commercial warehouse units with accessory offices on Lot 3A, Minor Subdivision No. 41-A, Shawnee Industrial Park; Lot 4, Minor Subdivision No. 41, Shawnee Industrial Park; and Lot 1 A-5, Minor Subdivision No. 41-B. The project is known as the East End Commercial Warehouses, located at 20 and 30 Shawnee Way and 770 Osterman Drive. Mayor Kirchhoff opened the public hearing. Assistant Planner Susan Kozub presented the staff report. She stated these units are to be condominiumized and either sold or rented. Each unit will include a small office and a warehouse containing approximately 1,000 square feet. Parking is to be located in front of each unit, with additional overflow parking areas located throughout the site. The subject property is zoned "M-1," and this proposed use is in compliance with the zoning as well as the Bozeman 2020 Community Plan. The Assistant Planner 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 forwarded staff's recommendation for approval, subject to 31 conditions, which she briefly highlighted. She then indicated that a subdivision exemption to relocate the common boundary between two lots is currently being processed; and that exemption will result in the boundaries reflected on the site plan for this project. Mr. Richard Shanahan, architect representing the applicant, stated the applicant agrees with the recommended conditions and, in fact, has already implemented some of them. He noted there is a waterway along a portion of the site, and they intend to incorporate that into the amenities for this parcel. He indicated that a picnic table will be provided, and the site will provide recreational opportunities, depending on who is located within the development. He then showed a color palette for the development, noting that awnings will be complementary to the base color and will serve as part of the signage for the units. Responding to Mayor Kirchhoff, Mr. Shanahan stated he anticipates that small contractors will be the primary clients, with most of those coming to the site in the morning and returning in the evening and the offices remaining empty during the day, although some of the offices may be occupied. He concluded by suggesting that conditions pertaining to window treatment might be viewed as micro-management of the project, but he is willing to look at the issue. No one from the public spoke regarding this proposal. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the Major Site Plan with Certificate of Appropriateness requested by Richard Shanahan for Tracy Cowdrey under Application No. Z-03127, to allow the construction of 44 commercial warehouse units with accessory offices on Lot 3A, Minor Subdivision No. 41-A, Shawnee Industrial Park; Lot 4, Minor Subdivision No. 41, Shawnee Industrial Park; and Lot 1 A-5, Minor Subdivision No. 41-B, be approved subject to the following conditions: 07-21-03 ------------ - .- -.--------- -. -.-.....-----.----- --.-------..---..--- _________ __..______n_ - 10- 1. The final site plan shall include scored concrete, pavers, or similar paved surfaces to better define the pedestrian circulation system as depicted by the diagram provided by Planning Staff. 2. The applicant shall redesign the stormwater detention areas to be more of an organic landscape feature, subject to review and approval by the Engineering and Planning Departments. The final site plan must depict stormwater detention ponds and swale that do not make up more than 1/3 of the street frontage and do not exceed 1}'2 feet in depth with a maximum slope of 1 :4 or 25 percent. 3. The final site plan shall depict additional landscaping along the west side of the southwest parking lot. 4. The final site plan shall depict at least one picnic table within a landscaped portion of the site to provide for the enjoyment of the outdoors by employees and visitors of the site. 5. As part of the final site plan submittal, the exterior elevations shall incorporate visually obvious window sills for all first floor windows to provide additional character-giving features and to help form an enhanced connection between the building and the ground. 6. 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. 7. The applicant shall provide a comprehensive signage plan prior to final site plan approval. The purpose of the plan is to coordinate graphics and signs with building design and shall be subject to review and approval by the Planning Department. All signs shall be constructed of permanent durable materials that exhibit an appearance of professionally executed graphic quality, i.e., relief and materials. The comprehensive sign plan shall depict the relief of each sign, materials, color and amount of illumination. The comprehensive signage plan shall be submitted with the final site plan application. 8. The applicant shall provide a color palette and sample materials board for review and approval by ADR Staff prior to final site plan approval. 9. The property owners shall apply for a subdivision exemption to relocate the common boundary between Lot 3A, Minor Subdivision 41-A, Shawnee Industrial Park and Lot 1A-5, Minor Subdivision 41-B. Prior to final site plan approval, the subdivision exemption must be filed at the Clerk and Recorder's Office. 10. 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. 11. 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 15 OBTAINED. 12. 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 07-21-03 - 11 - 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. 13. 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. 14. Per Section 18.50.11 0.B.11 "Parking Lot Curbing," all open off-street parking lots and driveways shall have a six inch by six inch perimeter concrete curb around the entire parking lot, including drive access ways. Concrete pin-down wheel stops shall be installed for those spaces that front the buildings. 15. Per Section 18.50.110.8.13 "Pedestrian Facilities in Parking Lots," the final site plan must depict sidewalks a minimum of three feet in width between the parking facilities and the buildings. 16. Per Section 18.49.060.C.2.d, no tree may be planted closer than four feet to the paved portion of the parking lot. 17. Per Section 18.50.035.A.3 "Lighting Standards," 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, detail shall be provided on the final site plan identifying the wall-mounted light design. 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. Luminaires and lenses shall not protrude below the edge of the light fixture per Section 18.50.035.1. 18. 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. 19. The final site plan shall be adequately dimensioned. A complete legend of all line types used shall also be provided. 20. 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. 21. 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. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Specific comments regarding the 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. 07-21-03 ......---- ..-. ..----.--- _ no_ _____.___.__..._._...___.__._. - 12 - No building permits will be issued prior to City acceptance of the infrastructure improvements. 22. 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. 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 approaches shall be constructed in accordance with the City's standard approach (i.e., concrete apron, sidewalk section and drop curb) and shown as such on the final site plan. A City Curb Cut and Sidewalk Permit shall be obtained prior to final site plan approval. 25. 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. 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 (i.e., 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. 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 and public street intersection sight triangles shall be free of plantings which, at mature growth, will obscure vision within the sight triangle. 30. The distance between the two drive accesses shall meet the access standards for future development on a local street per the Bozeman Municipal Code. 31. 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. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. Public hearing - Maior Site Plan with Certificate of Appropriateness - allow construction of a four- building retail and office complex on Lots 14-16. StoneRidae PUD Minor Subdivision. Phase IIB- Lowell Sprinaer for Dave MacDonald Construction. Inc. IStoneRidae Business Park. 924. 950. 962 and 988 Stoneridge Drive) IZ-03146) This was the time and place set for the public hearing on the Major Site Plan with Certificate of Appropriateness requested by Lowell Springer for Dave MacDonald Construction, Inc., under Application No. Z-03146, to allow the construction of a four-building retail and office complex on Lots 14 through 16, StoneRidge PUD Minor Subdivision, Phase liB. The subject project is known as the StoneRidge Business Park, located at 924, 950, 962 and 988 Stoneridge Drive. Mayor Kirchhoff opened the public hearing. Urban Designer Candace Honatke presented the staff report. She stated that this development complements the adjacent development, which consists of two buildings. The two lots upon which these four new buildings are to be constructed will share parking, drive aisles and pedestrian circulation; and 07-21-03 ------ -- ---------- ------- ...--.--...-.-----.-. - 13 - sidewalks will be installed along the street. The one two-story building and the three one-story buildings will have slightly different orientations, with a mix of offices and retail in the two-story structure and offices in the one-story structures. The Urban Designer 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 noted that, as a result of that review, staff is forwarding a recommendation for approval, subject to 31 conditions. Mr. Lowell Springer, architect representing the applicant, stated that the buildings in this development will be a continuation of the same character seen in the other buildings that have been completed within this subdivision. He then indicated that the applicant is in generally in agreement with the conditions recommended by staff. No one from the public commented on this proposed development. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the Major Site Plan with Certificate of Appropriateness requested by Lowell Springer for Dave MacDonald Construction, Inc., under Application No. Z-03146, to allow the construction of a four-building retail and office complex on Lots 14 through 16, StoneRidge PUD Minor Subdivision, Phase liB, be approved subject to the following conditions: 1. The final site plan submittal shall include a color rendering and a materials and color palette to confirm that the overall building scheme, as proposed, is compatible with architectural treatment requirements of the entryway corridor. 2. The applicant shall explore placing handicap parking spaces more evenly throughout the parking lots, including moving the space for Lot 14 to the southern parking lot adjacent to Lot 13. 3. The two parking lots that are located adjacent to each other on Lots 13 and 14 should be separated by more than the shown three feet. The parking lot on Lot 14 should be shifted toward the north by five feet in order to create an eight foot wide planting bed between the two parking lots. 4. The architectural design is subject to review and approval by the StoneRidge Community Design Committee prior to final review and approval by the City of Bozeman. Applicant shall ensure that this review and approval has been met by the time of final site plan review. 5. The architectural elevations do not indicate any roof mounted mechanical equipment. Applicant has been put on notice that all roof and ground mounted equipment shall be screened with durable construction and materials. This equipment will need to be illustrated on the final site plan on the exterior architectural elevations. 6. This project is subject to the Mandatory Landscaping Requirements (Section 18.49.060) and the Landscape Performance Standards (Section 18.49.070). The Landscape Plan, as illustrated, meets requirements for Lots 15 and 16, where 15 "points" are required for development. However, Lot 14 has residential adjacency and requires 23 "points." The landscape plan shall be revised for the final site plan submittal, to include these points. This may include additional medium height parking lot screening and additional canopy trees and groupings in the northwest corner of the lot. A "Landscaping Worksheet" has been given to the applicant in order to facilitate meeting these requirements. 7. According to Section 18.50.035.A of the Bozeman Municipal Code, lighting plan shall incorporate deflection of light downward and away from existing properties. All proposed light fixtures and lamps must be designed within the code requirements. 07-21-03 - 14- Applicant shall provide the Planning Office with manufacturer cut sheets for all proposed light fixtures. 8. All areas intended for permanent parking and ingress/egress shall be paved with concrete or asphalt and be marked with painted lines prior to request for temporary occupancy. 9. Curbing within parking lot shall be 6-inch concrete curbing, adjacent to planting beds and pedestrian areas. 10. Automatic irrigation should be applied to all landscaped areas, including trees, shrubs and sod. 11. The owner 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. In addition, if improvements have not been completed at applicant's request for occupancy, the applicant shall financially guarantee these improvements. Detailed cost estimates, construction plans and methods of security shall be made a part of that agreement. Improvements (i.e., landscaping and irrigation) must be installed within nine months of occupancy. 12. 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. 13. 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. 14. 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. 15. 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. 16. All existing and proposed easements, infrastructure, and tie-ins shall be illustrated on the final site plan (FSP). 17. The final site plan shall be adequately dimensioned. 18. A Stormwater DrainagefTreatment Grading Plan and Maintenance Plan fora 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. 19. 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. 07-21-03 ..-- -- - 15 - 20. 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. 21. 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." 22. The drive approach shall be constructed in accordance with the City's standard approach (i.e., concrete apron, sidewalk section and drop curb) and shown as such on the final site plan. A City Curb Cut and Sidewalk Permit shall be obtained prior to final site plan approval. 23. 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. 24. 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. 25. The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, turbidity exemption, etc.) shall be obtained prior to final site plan approval. 26. All existing utility and other easements must be shown on the final site plan. 27. 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). 28. Drive approach and public street intersection sight triangles shall be free of plantings which, at mature growth, will obscure vision within the sight triangle. 29. If construction activities related to the project result in the disturbance of more that 5 acres of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality, Water Quality Bureau, shall be contacted by the applicant to determine if a Storm Water 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. 30. The sizing of the storm pipe in the North 19th Avenue greenway must comply with the stormwater design report prepared for the subdivision. A shallow swale must also be installed the top of the pipe to convey the remainder of the design flow for the swale which cannot be carried by the pipe. 31. Any stormwater that is not being drained to the North 19th Avenue drainage swale must be retained on site. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro, Commissioner Youngman, Commissioner Brown and Mayor Kirchhoff; those voting No, none. 07-21-03 __..n. - 16- Continued public hearina - Maior Site Plan with Certificate of Appropriateness - allow construction of 25.680-sauare-foot three-story addition to motel on Lot 6. Block 1. Tanae's Addition. to include 36 auest rooms and indoor guest pool. with deviations from Section 18.54.110. Bozeman Municipal Code. to allow addition to encroach 10 feet into 50-foot areenway setback and from Section 18.50.11 O.F .2.. to allow reduction in the reauired number of parking spaces from 126 to 110 - Brutger Eauities. Davs Inn (Z-03084) This was the time and place set for the continued public hearing on the Major Site Plan with Certificate of Appropriateness, as requested by Brutger Equities under Application No. Z-03084, to allow the construction of a 25,680-square-foot, three-story addition to the motel located on Lot 6, Block 1, Tange's Addition, to include 36 guest rooms and indoor guest pool, with deviations from Section 18.54.110 of the Bozeman Municipal Code, to allow the addition to encroach 10 feet into the 50-foot greenway setback and from Section 18.50.11 0.F.2., to allow reduction in the required number of parking spaces from 126 to 110 spaces. The subject property is located at 1321 North 7th Avenue and houses the Days Inn. Mayor Kirchhoff reopened the continued public hearing. Urban Designer Candace Honatke presented the staff report. She stated that under this application, the hotel at the corner of North 7th Avenue and West Oak Street is to be expanded to add 36 new guest rooms, an indoor swimming pool, additional parking and landscaping. She noted that staff and the applicant have worked together for several months to address difficult site issues and create safe traffic circulation. In conjunction with this application, she stated the applicant is seeking three deviations. The first is to allow the existing uninterrupted parking lot to remain; and staff is fairly supportive of that request as long as the landscaping on the remainder of the site is exemplary. The second deviation would allow less than the required number of parking spaces, and the third deviation is to allow the addition to encroach 10 feet into the 50-foot setback from West Oak Street. The Urban Designer 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 concluded by forwarding staff's recommendation for approval, subject to 35 conditions. Mr. Larry Brutger, applicant, noted that he has worked diligently to accommodate the City's requirements while meeting the needs of his business. He stated that under the parking deviation, he is seeking a 1 to 1 ratio between the number of rooms and the number of parking spaces, noting he feels that is adequate to address both customer and staff needs. He stressed that this is a limited service hotel and, except for the night auditor, staff will not be using the parking spaces when they are needed for guests. He noted the existing building is 20 feet from West Oak Street, and the new addition is to be 40 feet from that street. He stated there is a substantial amount of landscaping along the building now, and he intends to keep focusing on the landscaping along West Oak Street, where it is visible to the public. He noted, in fact, that the number of points this application has for the landscaping is double the required number. He stressed that the parking lot between the Days Inn and the GranTree has existed for many years and works well, and breaking it up would not be of benefit. Responding to Commissioner Brown, Mr. Brutger stated the hotel does have a meeting room that will accommodate 70 people; however, meetings in that room are typically held during the day and do not draw a lot of people from outside the facility since this is not a conference hotel. No one from the public spoke regarding this application. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Youngman, seconded by Commissioner Brown, that the Major Site Plan with Certificate of Appropriateness, as requested by Brutger Equities under Application No. Z-03084, to allow the construction of a 25,680-square-foot, three-story addition to the motel located on Lot 6, Block 1, Tange's Addition, to include 36 guest rooms and indoor guest pool, with deviations from Section 18.54.110 of the Bozeman Municipal Code, to allow the addition to encroach 10 feet into the 50-foot greenway setback and from Section 18.50.11 0.F.2., to allow reduction in the required number of parking spaces from 126 to 110 spaces, be approved subject to the following conditions: 1. The applicant shall provide five (5) handicap accessible parking spaces on site, one of which is van accessible. These spaces shall be signed as handicap and van 07-21-03 - 17 - accessible with vertical pole signs in front of the parking space, according to City of Bozeman standards. The final site plan shall include details of these signs for review and approval by the Planning Office. 2. The final site plan submittal shall include a color rendering or a materials and color palette to confirm the overall building scheme, as proposed, in order to verify compatibility with architectural treatment requirements of the overlay district and the existing building. 3. Applicant shall provide at least one bench in a safe area on site for guest and employee use. 4. Bike racks shall be installed for employee use. These shall be shown on the final site plan drawings. Bicycle parking facilities shall be in conformance with standards recommended by the Bozeman Area Bicycle Advisory Board. 5. The property owner shall install an eight-foot asphalt bike/pedestrian path adjacent to West Oak Street, on the property in question. This bike path may gently meander where there is no existing berming and tie into the existing asphalt path to the west of the Days Inn. 6. Handicap accessible ramps shall be placed so as to provide efficient and safe access to the building and interior elevator. These ramps shall be designed according to City of Bozeman and ADA standards. All handicap access ramps or areas on site shall be illustrated in plan and details of these provided in the final site plan package. 7. The Design Review Board voiced concern about the integration of existing and proposed building materials and construction. The applicant shall ensure that the transition between old and new materials and construction is as seamless as possible and protects the intent and is compatible with the overlay district recommendations. 8. The architectural elevations do not indicate any ground of roof mounted mechanical equipment. Applicant ensures that all such equipment shall be screened with durable construction and materials. This equipment will need to be illustrated on the final site plan on the exterior architectural elevations and site plans. 9. All areas intended for permanent parking and ingress/egress shall be paved with concrete or asphalt and be marked with painted lines prior to request for temporary occupancy. 10. Curbing within parking lot shall be 6-inch concrete curbing, adjacent to planting beds and pedestrian areas. 11. Automatic irrigation should be applied to all landscaped areas, including trees, shrubs and sod. 12. The owner 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. In addition, if improvements have not been completed at applicant's request for occupancy, the applicant shall financially guarantee these improvements. Detailed cost estimates, construction plans and methods of security shall be made a part of that agreement. Improvements (i.e. landscaping and irrigation) must be installed within nine months of occupancy. 13. 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. 07-21-03 _...__._._._____ __n.__._ u_ ....--.---- -18- 14. 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. 15. A Certificate of Appropriateness shall be issued to the applicant at the time a final site plan has been approved by the Planning Director. The Certificate of Appropriateness is valid for one year from date of issuance. 16. According to Section 18.50.035.A of the Bozeman Municipal Code, the lighting plan shall incorporate deflection of light downward and away from existing properties. All proposed light fixtures and lamps must be designed within the code requirements. Applicant shall provide the Planning Office with manufacturer cut sheets for all proposed light fixtures, including those mounted on the dwelling units. 17. 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. 18. 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. 19. Per Section 18.50.120.F.3.c of the Bozeman Municipal Code, the van accessible parking spaces shall be signed reserved for the disabled by signs that comply with ADA requirements. A raised sign shall be located at a distance no greater than 5 feet from the front of the accessible space and shall include the language "Permit Required $100 Fine." Provisions shall be made for an accessible path of travel from the disabled accessible parking space to the sidewalk, including ramp access where necessary, and an unencumbered minimum 3-foot-wide walk, sidewalk or ramp per Section 18.50.035.R. 20. 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. 21. All existing and proposed infrastructure and tie-ins shall be illustrated on the final site plan. Service line sizes, existing and proposed, shall also be illustrated on the final site plan. 22. All existing utility and other easements must be shown on the final site plan. 23. Applicant shall consult with the Building Inspection Department for information regarding the installation of fire sprinklers in the existing building and the addition. Plans and specifications for any fire service line shall be prepared in accordance with the City's Fire Service Line Policy by a professional engineer, licensed in the State of Montana, and be provided to and approved by the City Engineer prior to initiation of construction of the fire service or fire protection system. 24. The final site plan shall be adequately dimensioned. A complete legend of all line types used shall also be provided. 25. 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 07-21-03 --...-.---- - 19- details (including basin sizing and discharge calculations, and discharge structure details), stormwater discharge destination, and a stormwater maintenance plan. 26. Plans and specifications for any fire service line must be prepared in accordance with the City's Fire Service Line Policy by a Professional Engineer (PE), and be provided to and approved by the City Engineer prior to initiation of construction of the fire service or fire protection system. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. 27. 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. 28. 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." 29. 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. 30. 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. 31. 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 (i.e., 310, 404, turbidity exemption, etc.) shall be obtained prior to final site plan approval. 32. All existing utility and other easements must be shown on the final site plan. 33. 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). 34. Drive approach and public street intersection sight triangles shall be free of plantings which at mature growth will obscure vision within the sight triangle. 35. Prior to final site plan approval, the applicant shall provide and file an executed Waiver of Right to Protest Creation of SID with the County Clerk and Recorder's office for signalization of Baxter Lane and North 11th Avenue, or provide evidence the waiver has been filed with County Clerk and Recorder's office. 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. Continued discussion. possible aCQuisition of portion of Mandeville farm as solid waste transfer station site Included in the Commissioners' packets was a memo from Planning Director Andy Epple, dated July 17, forwarding the preliminary minutes from the joint Planning Board/Zoning Commission meeting held on July 15, at which this issue was discussed. City Manager Clark Johnson noted that, at the meeting two weeks ago, staff was directed to investigate the possibility of purchasing only a portion of this property and to identify the amount of land needed. He stated that the applicant is only interested in selling the entire parcel, and he has been contacted by developers who are interested in acquiring it. He then identified the City's land needs, noting 07-21-03 --..--.---..-.. .--..-- . - 20- that the transfer station requires 7 to 10 acres, and the tract on which the transfer station is proposed contains 22.223 acres. If recycling and composting are moved from the landfill to this site, an additional 4 acres will be needed; and the additional acreage would allow for future expansion of those services. He reminded the Commission that the acquisition of land for a new City Shop complex has been budgeted in the capital improvement program, and it has been determined a minimum of 20 acres is needed for that use. He stated the tract adjacent to the one considered for the transfer station contains 24.761 acres, but a stream running through it reduces the usable space. He stated that there are also a 20-acre tract to the west and a 1 O-acre tract where Craig Mandeville currently lives. City staff has talked to both Gallatin County and the State of Montana Department of Transportation about their needs for relocating their shop facilities, and both have expressed some interest in considering this site. He also noted that he has received telephone calls from investors interested in acquiring portions of this property, so the remainder tracts could be resold if not needed for City operations. Director of Public Service Debbie Arkell distributed copies of a letter from Mr. Gavin Anderson, Department of Natural Resources and Conservation, to Lloyd Mandeville, dated July 21, indicating the State would be agreeable to being a cooperative partner in development of this property by allowing an access easement across their property. Also, she noted that Craig and Connie Mandeville have submitted a letter forwarding several facts and items for Commission consideration. The Director of Public Service addressed several of the issues that were raised at the meeting two weeks ago by highlighting the memo included in the Commissioners' packets. She noted that two weeks ago, only one of the task force members had scored this site and had given it 870 points. Since then, six more task force members scored the site; and the average of all of the scores was 874. These figures compare with the previous scorings, in which the Griffin Drive/Manley Road site scored highest with a 778. She noted another question was the estimated cost of access improvements to this site versus access to the Griffin Drive/Manley Road site. Without design work, she is reluctant to offer estimates, but she has identified issues that cause concern and suggested the overall costs will be essentially the same for either site. She briefly touched on the costs of direct hauling to the Logan landfill rather than constructing a transfer station, indicating the costs of hauling to Logan are estimated at nearly $48 per ton for both commercial haulers and citizens. This compares to 10 cents per mile for a transfer truck and 40 cents for collection trucks, which are not designed for over-the-road hauling. The Director briefly highlighted some ofthe issues to be addressed in development of the remainder of this property, which include payback for the solvent site water main, and providing water and sewer services to the entire parcel and looping of those services, which includes crossing under the railroad and highway. She noted that Rob Bukvich, Montana Department of Transportation, does not feel the transfer station, with access from North 7th Avenue, will result in additional traffic on Frontage Road particularly since traffic going to the existing landfill is probably already using the Frontage Road. If the railroad crossing on Red Wing Drive is to remain open, she estimated it will cost $150,000 to install a signal; and some improvements to Frontage Road may also be needed, with the Department of Transportation possibly participating in those costs. Director of Public Service Arkell indicated that the Montana Department of Environmental Quality will conduct its own environmental assessment of this site when considering the City's application for a permit to operate a transfer station. She indicated that once that review is complete, the information will be released for public review and comment; and a public meeting will be held. Responding to Commissioner Youngman, the Director noted the costs of hauling to the Logan landfill from this site and the Griffin Drive/Manley Road would be essentially the same. Planning Director Andy Epple stated that the City Planning Board looked at this proposal informally at its meeting held last Tuesday night, based on the limited amount of information available. He noted that, since the 1983 master plan was adopted, the subject area has been designated as business park/industrial; and the Board members did not feel a well-designed, modern, well-maintained transfer station would be inconsistent with the Bozeman 2020 Community Plan. He noted the members spent time discussing entryway corridor issues and concluded that, with good architectural design and good site design, the facility could be considered appropriate in the entryway corridor. He reminded the Commissioners that the underlying premise of the Bozeman 2020 Community Plan is that virtually any use can be located in close proximity to any other use if it is designed well and operated appropriately. The Board members also agreed that this is the most appropriate site considered to date, given its access to rail and good access in a central location on the north end of town. 07-21-03 - 21 - Mr. Kelly Wood, 101 Gibson Drive, suggested the City is like Microsoft, with no good faith intention to agree with anything. He noted it is the feeling of the residents in this area that the City is locked in 2003 and is not thinking ahead. He distributed copies of photographs he prepared with his limited rendering tools to show what people will see, noting that the site will be visible to those in 1-90 for the entire distance between the North 19th Avenue interchange and the North 7th Avenue interchange. He encouraged the Commissioners to think about the long-term implications, noting that this real estate can be put to better use. Ms. Vicki Greenwood, owner of the Greenwood Academy, noted she has been in the business of providing high-quality child care for 37 years. She stated that some of children have allergies, and when there is poor air quality, those children do not go outside to play. She expressed concern about the negative impacts that a transfer station on this site would have on her day care facility and the children who attend. She also voiced concern about the smell from the City's Wastewater Treatment Plant, and questioned why one would not expect the same from this site. She concluded by distributing copies of a petition in opposition to this proposal and listing many of the concerns that have been identified, including rodents, smell and breeding of undesirable animals. Ms. Laurie Woody, 27589 Frontage Road, stated she has no problem with Mandevilles selling their property, but she does object to the proposed transfer station. She characterized Bozeman as the jewel of the Gallatin Valley, and one of the few attractive cities along the interstate. She stressed that Bozeman is not an industrial community, but is known as a cultural, educational and supply community as well as a place to live, grow and raise a family. She stated an entrance to the community is not an appropriate place for a transfer station. She acknowledged locating the transfer station within six miles of the Montana State University campus is possibly best for business, but it would be at the expense of the entire community and its citizens. She concluded by stating there would be better uses of this land that would employ hundreds of residents, not just four like the transfer station would. Mr. Harry McNeal, 27655 Frontage Road, stated that some of the residents along Frontage Road thought it would be appropriate to visit with people who shop along North 7th Avenue about the proposed construction of a transfer station on this site. He noted that the site is in plain view for those traveling along the Frontage Road, and he's concerned about a constant stream of garbage trucks going to and from the site. He stated that he purchased the small acreage on which he lives from the Mandevilles in 1948 and has lived there since 1962. ,During those forty years, the right-of-way in front of his house has been disturbed or demolished with the laying of phone lines, gas lines, two City sewer lines and, most recently, a City water main to serve those whose wells were contaminated by the Bozeman Solvent Site. He stated that he has spent many hours restoring the right-of-way after those installations, with no assistance from the City, and questioned why he would trust that the transfer station would be properly done. He concluded by leaving a petition of opposition signed by people who shop along North 7th Avenue. Mrs. Renon Wood, 101 Gibson Drive, cited several quotes from the Bellevue/Seattle area identifying the negatives of a transfer station. She noted that Gallatin County is the fastest growing area in the state, and it is important to think forward and prepare for the growth. She cautioned that failure to plan will result in traffic congestion, sprawl, schools in crisis and viewsheds that are blighted. She concluded by reminding the Commission that tourism is one of the biggest industries in Montana; and she feels this site along an entryway corridor is not appropriate for a transfer station because of its high visibility. Mr. Lowell Springer, 117 Hoffman Drive, stated the logic and process for determining where the transfer station should be located make sense. He noted that if the City follows the same requirements that it imposes on others, including landscaping and design, the facility can be an asset to the community and save in costs. He stressed that this facility does not have to be a detriment aesthetically, noting that the transfer station in Helena is located immediately below Carroll College and is not detrimental to that campus. Mrs. Joanie Petersen, 27383 Frontage Road, stated that the transfer station building isn't the issue as much as what surrounds it, stressing that the site in Helena is not pretty. She noted that when she went to the Farmers' Market at the Senior Center with petition in hand, she found that many people didn't know this location was being considered and were appalled to learn about it. She stated that she obtained 74 signatures in one hour, which reflects the level of opposition. She expressed concern about traffic congestion, noise pollution and the impacts this facility would have on the nearby day care center. She stated this site is visible from North 19th Avenue, Frontage Road and 1-90, and a more obscure site would 07-21-03 --- .-- ---- - 22- be appropriate for a transfer station. She suggested this property would be better developed as an outlet mall, with great curb appeal, creating hundreds of jobs and attracting shoppers to the community. Mr. Larry Petersen, 27383 Frontage Road, cautioned the Commissioners that their political legacy will be linked to their decision on this matter. He noted that the residents in the area were not aware this was being considered until just before the July 4 weekend, and many people in the community are still not aware of it. He encouraged the City to expand the search area, rather than choosing this site which is at the gates of Bozeman. Mrs. Claudia Foster, 626 Old Farm Road, stated she feels the City needs to work with the County and look for a site that reflects the center of the entire collection area, not just Bozeman. She noted that if the Logan landfill closes, the garbage will need to be shipped elsewhere, and it would be beneficial to address the entire area, not just Bozeman. Mr. Brian Close, 406 East Olive Street, noted that, no matter where the transfer station is sited, it will be in someone's back yard and there will be a crowd in opposition. He encouraged the Commissioners to look at the criteria for siting of the transfer station, to recognize that the subject area is zoned for industrial use, and to follow the standards set for development. He noted the subject site has no environmental constraints and is accessible by both road and rail. He concluded by voicing support for this site and encouraging the Commissioners to move ahead. Ms. Anita Saunders, 27459 Frontage Road, stated that, when circulating petitions, she found most people were extremely upset to think that North 7th Avenue would be inundated with more traffic because it is so dangerous right now. Mr. Eddie Saunders, 27459 Frontage Road, stated that, when walking through the Cherry River area, he saw an owl and a big beaver; and he is concerned that if the transfer station is constructed on the Mandeville property, such sights will no longer be available. He also noted that plastic bags tend to fly forever if they become airborne and asked if efforts will be taken to prevent that from occurring, such as putting a net over the front end loader. He concluded by expressing his grave concerns about the pristine area just across the highway from this site and the impacts that may occur, including unintended consequences. Mr. Roger Kirk, 11 Kean Drive, noted that the recent installation of City water mains in the Walker Property Subdivision resulted in cuts in the pavement that will dramatically reduce its life and tearing up of borrow pits that were not returned to their original state. He acknowledged that the City holds developers to high standards, but questioned if the City will hold itself to those standards. He then voiced astonishment that anyone would think the subject site is a proper and intelligent location for a transfer station with its consequent and unfortunate untidiness. He encouraged the Commission to be creative and take another look at this issue, then move forward with a more intelligent plan. Mr. Ron Woody, 27589 Frontage Road, stated he was on the radio this morning for two hours and, in that time, two people said they think the plan is not too bad while the rest said it was a bad proposal. He acknowledged that a transfer station needs to be constructed, but not in a metropolitan area, a high traffic area, or near a residential area. He noted that the construction of a transfer station on this site interferes with a far better use of the property and is to the detriment of citizens and the city as a whole. He stated that the industrial designation in the Bozeman 2020 Community Plan simply reflects action taken in the 1980s and does not take into consideration the massive growth of residential properties north of 1-90. He indicated that placing a transfer station on this 80+-acre site will simply condemn the remainder of the site because no one will want to build next to it. He concluded by noting that two out-of-state groups have expressed interest in building a mall on this property, which is located between two interchanges. Mr. Greg Krach, 27459 Frontage Road, questioned why the transfer station is not located at the existing landfill, where people have begun to build around it knowing it was there. He suggested that, if the transfer station is to be relocated, it should be in a location that does not impact an existing neighborhood and cause issues. He asked who served on the task force and if they were educated enough to make decisions on the various locations. Mr. Jason Cowen, 12 West Hayes Street, stated that by the time trucks get to this site, the garbage will be degrading and beginning to smell. He encouraged the Commission to consider another location, such as a gravel pit or another location where it would be out of site. 07-21-03 ...---- - 23- Mr. Frank Carter, 120 Twin Pond Lane, suggested three sites owned by the City and questioned why taxpayer monies should be spent on another site when the City's property is suitable. He noted that the West Oak Street site where the jail was proposed would be a good location. Another viable alternative would be the Wastewater Treatment Plant, which seems to have more than enough land. The third alternative is the lower yards off North Rouse Avenue. Mr. Harry Mann, 1100 Gibson Drive, stated the decision must be based on technically competent evaluations, and that cannot be accomplished until the issue is reviewed in more detail. He noted that he worked in positions of managing waste transfer and remediation in industrial sites, and he found that facilities with the potential for contamination are often not managed competently. He expressed concern that the proposed level of staffing for the facility is not adequate. He then turned his attention to the plume from the solvent site, noting that remediation to remove the contamination could have been done but was not. He concluded by expressing concern that a transfer station on the subject site will impact a lot of people. Break - 8:40 to 8:50 p.m. Mayor Kirchhoff declared a break from 8:40 p.m. to 8:50 p.m., in accordance with Commission policy. Continued discussion (continued) - possible aCQuisition of portion of Mandeville farm as solid waste transfer station site Director of Public Service Debbie Arkell responded to several of the questions raised during public testimony. She noted that the gravel pit by Airport Road was considered and scored by the task force; and the major issues identified included the location, the additional traffic on Frontage Road, and the size of the parcel after the Montana Department of Transportation retained the portion it needs for its activities. She recognized that if the Logan landfill is closed, the City will need to find a different disposal site. She indicated that the task force was created at the recommendation of the consultant, and was made up of citizens, with the point being to get the average person's input on location of the facility. She stated that those people were provided the information they needed to score the sites prior to undertaking that effort. Director of Public Service Arkell turned her attention to the comments regarding smell and containing the garbage. She noted that the trash is generally hauled out of the station before the end of the day; and if any is to remain on site overnight, it will be stored inside the facility. She then responded to the other suggested locations, noting that the West Oak Street site is owned by Gallatin County. She stated that the Wastewater Treatment Plant site is one that was considered initially, and access was one of the primary concerns. Further, she stated that the property is needed for future expansion of the plant. She then directed her attention to the North Rouse Avenue site, noting it contains eight acres and is the site of the old Wastewater Treatment Plant, with some ofthat infrastructure remaining underground and thus restricting where buildings may be located. She concluded by noting that the City followed the Department of Environmental Quality order in addressing the solvent site and, while remediation was suggested several times, the DEQ elected to continue monitoring the site and order the City to install a water main to serve those affected. At City Manager Johnson's request, the Director addressed the reason for the smell at the Wastewater Treatment Plant. She stated the facility is currently undergoing $3 million in improvements, and that entails transferring raw sewage from one container to another. She stated that when neither digester was working, the raw sewage was stored in a holding pond; and the installation of a $30,000 cover has helped to essentially eliminate the odors. She indicated that some odors are resulting from the cleaning of digesters and clarifiers; and it is anticipated the installation of an odor scrubber in the next couple of years should help even more. Further responding to the City Manager, the Director indicated that photographs on the wall outside the Commission Room show the Fergus County and Helena transfer stations. She stressed that work is done inside a building and, if there is wind, one of the doors in the facility will be closed to minimize airborne trash. She suggested that, through the installation of a chain link fence, wind screens and keeping doors closed, airborne litter should be minimized. She then indicated that City crews will monitor the routes to the site for trash and do their best to contain all litter on site. She intends to continue disposing construction 07-21-03 ---- .- ..-- - 24- waste at the existing landfill until the Class IV cell is filled. Once that is filled, she stated that contractors will be encouraged to take construction waste to the Logan landfill rather than dumping it at the transfer station because of its bulk and weight. She indicated that white goods will be accepted at the transfer station but will be taken to the landfill for stockpiling. Sanitation Superintendent Mark Kottwitz confirmed that the best place to stockpile white goods is at the landfill. He indicated that the recycling to be done at the transfer station is the same as that seen at the drop off sites around town. Mayor Kirchhoff noted that the County approached the City about setting up a solid waste district, but the City chose not to participate for a number of reasons. He indicated that the transfer station is not a redundant service to the Logan landfill, but allows the City to continue providing a service to its constituents in the most efficient way possible. He stressed that, even if the City does reach agreement with the County on a solid waste district and even if the Logan landfill is used, a transfer station near Bozeman is needed. He noted that the Department of Environmental Quality has indicated the City's acreage north of Bozeman is not suitable for a landfill site and, therefore, will not permit additional cells, so the city is going out of the landfill business. He stressed that siting of a transfer station is difficult, and there is no perfect location for such a facility. He stated the City has gone through several public outreach meetings and opportunities for siting are scarce while the clock is ticking on the remaining life of the landfill. He concluded by voicing support for moving forward with the buy/sell on this parcel. Commissioner Cetraro noted it is important to set standards high for developing the site selected for a transfer station. He stated industrial uses can look appealing; and the feasibility of rail is important. He indicated it is important to find a place to suit the City's needs; and he supports proceeding with a buy/sell on this parcel. Commissioner Brown stressed that this is not a dump, it is an enclosed transfer station at which, ideally, there should be little litter. He noted that everyone agrees a waste transfer station is not popular; and that has been confirmed through three neighborhood meetings and the two Commission meetings on this site. He stated that all testimony received at those meetings has generally been against the site, given by people in the neighborhood. He acknowledged there is no perfect site for the transfer station; and the City has been working diligently for several months to find a suitable site, using a legitimate rating system to do so. He noted this site has reasonably good access to the Interstate and is reasonably close to the centroid of the garbage. He concluded by stating that this is the best location found to date, and he supports pursuing it further. Commissioner Youngman noted that some ofthe concerns raised tonight are interesting, particularly since some of those same concerns impacted the Griffin Drive/Manley Road site more but were not raised when that site was considered. She stated that, if negative environmental impacts are identified, the process of siting the transfer station on this property will be stopped. She indicated that, throughout the process, all sites nominated or identified as available have been assessed; and if the transfer station is located west of Belgrade, it will create tremendous negative impacts on that community in addition to unacceptable costs to Bozeman residents. She noted the only city residents heard from in this process have been concerned about ensuring the most cost effective choice, both for the short term and the long term. She assured the residents that she is firmly committed to ensuring the development of the site exceeds the City's standards, is sensitive on detail, possibly recognizing the agricultural heritage of this corridor, and addresses the issues of noise, contamination and litter. She concluded by stating she feels this is the best site for a transfer station. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the City acquire the Mandeville farm site for City uses. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. Responding to Mayor Kirchhoff, City Manager Johnson stated the next steps will be to apply to the State of Montana Department of Environmental Quality for a permit to locate the transfer station on the subject site, continue with the siting process and enter into negotiations with the State of Montana Department of Natural Resources and Conservation for an easement to Flora Lane to provide access to the site. He stated that what the Commission has done by taking its action is remove one of the contingencies on the buy/sell agreement. 07-21-03 - 25- Public comment Mr. Brian Close, 406 East Olive Street, distributed an information sheet on an interim heat emergency plan for Bozeman, noting that the forecast suggests continued hot temperatures. He stated that, with low humidity, the temperature is the heat index; and temperatures over 1 OooF can create hazardous situations for the community's seniors. He noted that the high temperature is reached around 3:00 p.m., and then the temperature begins to drop around 8:00 p.m. He forwarded his proposed heat emergency plan, which would be triggered by 100oF. He stated that GalaVan would run an additional schedule during extreme heat, at a cost of $25 to $35 per hour, taking seniors to a cool place during the hot part of the day. On Friday evenings, however, there is no cool facility open; on Saturdays the Library closes at 5:00 p.m. and the Senior Center is closed; and on Sundays no cool facility is open. If it is determined that the City wishes to address this issue, he encouraged the Commissioners to look at opening the Library and/or the Senior Center to give the seniors a cool place to go plus reimbursement to GalaVan for the additional hours worked. Responding to questions from Mayor Kirchhoff, City Manager Johnson suggested that the lists of participants in GalaVan and Meals on Wheels as well as outreach through the media would provide a good start on identifying senior citizens who might be at risk. Commissioner Youngman noted this is the type of issue that the Senior Citizens' Advisory Board is designed to address, and suggested that the Health Officer also be contacted. She suggested an alternative cool place would be the Gallatin Valley Mall, which is open later in the evenings and on Sundays. City Manager Johnson noted this is also the type of issue that would be addressed by the Disaster and Emergency Services Coordinator. Mayor Kirchhoff requested that this item be placed on next week's agenda for discussion. (2) Mr. Thomas Mosser, 122 West Main Street, characterized the transfer station siting process as a much more public process than the proposal for the downtown development project, and suggested that the Commission appoint a task force to evaluate the two proposals that have been submitted. He stated that today he filed an application for informal review of a new hotel with three-level parking garage on his property on Main Street, and asked that it be considered for the same type of funding as the other proposal. (3) Mr. Jeff Krauss, 508 Park Place, thanked the Commissioners for their thoughtful consideration of the transfer station siting and commended the Mayor for his handling of the meeting. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1 ) E-mail message from the Recreation and Parks Advisory Board requesting that Kate Gardner be compensated for future grant preparation. (2) Copy of a letter from Director of Public Service Debbie Arkell to Mr. Reisinger, dated July 16, 2003, responding to a request for the installation of a disabled parking sign in the Tamarack Mall. (3) Copy of a letter from Director of Public Service Debbie Arkell, dated July 16, 2003, to the StoneRidge Plaza Homeowners' Association responding to a request to remove the "No Parking" signs on the west side of Charlotte Street. (4) Copy of a letter from Director of Public Service Debbie Arkell, dated July 16,2003, to Mr. Glenn Oakes, responding to a request for two-hour parking at 522 West Main Street. (5) Memo from Greg Megaard, announcing that, as Fire Marshal, he has suspended all open burning, effective July 16. (6) Copy of the final report from the 2003 Legislature, submitted by Executive Director Alec Hansen, Montana League of Cities and Towns, at the District 10 meeting on Thursday. 07-21-03 - 26- (7) Memo from Administrative Services Director Miral Gamradt, dated July 17, forwarding the actual and estimated future tax increment revenues through Fiscal Year 2009. (8) Copy ofthe notice of public workshops and hearings on the Unified Development Ordinance. (9) Letter from Diane Conti, Alcohol and Drug Services of Gallatin County, dated July 9, forwarding information on the Adolescent Resource Center. (10) Copy of a petition asking the Commission to schedule a public hearing on a resolution in opposition to the Patriot Act. (11 ) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, July 22, in the Commission Room. (12) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, July 22, at the Professional Building. (13) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, July 22, at the Professional Building. (14) Agenda for the Gallatin County Planning Board meeting to be held at 6:00 p.m. on Tuesday, July 22, at the Lindley Center. (15) Minutes from the Cemetery Board meeting held on May 27, 2003. (16) Planning Director Andy Epple stated his staff would like to host a lighting field trip after a Commission meeting, estimating it would take 1 to 1 ~ hours and would result in the Commissioners better understanding the lighting standards and various lighting styles allowed under the new proposed unified development ordinance. A majority of the Commissioners indicated support for that type of field trip prior to the public hearings on the new ordinance. (17) Planning Director Epple noted that the Commissioners received a memo from Associate Planner Chris Saunders requesting direction on requirements for open space and parkland dedication, particularly for infill projects. He asked that this issue be placed on the agenda for an upcoming work session. (18) The Planning Director announced that his office is recruiting for a Planner I position at this time and will be recruiting for Historic Preservation Officer in the near future. (19) City Attorney Luwe announced that staff from his department as well as a variety of other City departments spent an inordinate amount of time on Baxter Meadows Subdivision issues last week. (20) Sanitation Superintendent Mark Kottwitz announced that the first load of soil from the library remediation site was deposited at the landfill today. The project is estimated to take ten weeks, with trucks entering the landfill to dump every half hour. The southwest corner of the existing cell has been reserved for the soil from this site, with special handling required. Commissioner Youngman stated she received a citizen request for soil testing on her property, noting that the City is doing air monitoring along the route at this time. She suggested that soil sampling might alleviate citizen concerns, although she recognizes it will probably not reveal any more than the air monitoring does. After discussion, the Commissioners generally concurred that it would be beneficial to take soil samples on three separate occasions in two locations along the route, with the Library assuming responsibility for the costs of those tests. (21 ) Director of Public Service Debbie Arkell submitted the following. (1) Noted that two leaks have been discovered in the Hyalite transmission line. Staff is repairing one leak today and tomorrow and then plans to begin work on the other one. To do the repairs, it was necessary to shut the pressure down 07-21-03 - 27- in that main, and MSU is now experiencing low pressure. She stated that if it is determined the low pressure is due to the lack of pressure in the transmission line, residents may be asked to conserve on water until the leaks are repaired. (2) Noted that Engineering Assistant Andy Kerr has forwarded the results of the balloting on speed humps. Based on those results, the Commission concurred with staff's determination that speed humps are to be installed on North 20th and North 22nd Avenues, recognizing that residents along North 21 st and 23rd Avenues may soon request the same installations on their streets. (3) Reminded the Commissioners of the City picnic, which is scheduled for Wednesday evening at Bogert Park. (22) The Director of Public Service stated that she received a letter today announcing that the Montana Department of Transportation has retained SEH Engineering to study the Huffine Lane corridor since the road was upgraded five years ago. Commissioner Youngman suggested that the City write a letter to the Department of Transportation encouraging them to give particular consideration to lower speed limits, particularly in light of the recent fatality at the intersection of Huffine Lane and Ferguson Avenue and the fact that this area is now inside city limits, with three parks within a half mile of the intersection. (23) Mayor Kirchhoff asked that the Commissioners complete their evaluations and submit them to him for compilation in preparation for next week's evaluation session. (24) Mayor Kirchhoff suggested that, with just ten days before the Sweet Pea parade, the Commissioners ride on a fire truck rather than trying to do a float. He suggested that signs be made saying "City of Bozeman; we're working for you." In response to questions about who would ride on the fire truck, City Manager Johnson suggested that each division be encouraged to have one employee ride the truck wearing his or her division shirt and bringing the family if desired. Mayor Kirchhoff asked that all Commissioners participate by riding on the fire truck. Adjournment - 1 0:30 p.m. There being no further business to come before the Commission at this time, Mayor Kirchhoff adjourned the meeting. ST814~K'~~ ATTEST: ~S~~ Clerk of the Commission 07-21-03