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HomeMy WebLinkAbout2002-12-09 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA December 9, 2002 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, December 9,2002, at 3:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner Marcia Youngman, Commissioner Lee Hietala, Commissioner Jarvis Brown, Commissioner Andrew Cetraro, City Manager Clark Johnson, Director of Public Service Debbie Arkell, Planning Director Andy Epple, Staff Attorney Tim Cooper and Clerk of the Commission Robin Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes. Januarv 18. 2000. and October 2. November 22. November 25. and December 2.2002 It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the minutes of the meetings of November 25 and December 2,2002, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, and October 2 and November 22, 2002, to a later date. Consent Items City Manager Johnson presented to the Commission the fOllowing Consent Items. Commission Resolution No. 3562 - authorizina adoDtion and execution of second amended. revised and restated Workers' ComDensation Risk Retention Program Agreement COMMISSION RESOLUTION NO. 3562 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING THE ADOPTION AND EXECUTION OF THE SECOND AMENDED REVISED AND RESTATED WORKERS' COMPENSATION RISK RETENTION PROGRAM AGREEMENT ENTERED INTO BETWEEN THE MONTANA MUNICIPAL INSURANCE AUTHORITY AND THE CITY OF BOZEMAN, DATED AS OF DECEMBER 1, 2002; AND AUTHORIZING THAT THE ADOPTION AND EXECUTION OF ANY AMENDMENT THERETO MAY BE MADE BY MOTION. Commission Resolution No. 3563 - authorizina adoDtion and execution of second amended. revised and restated Liabilitv Insurance Coveraae Program Agreement COMMISSION RESOLUTION NO. 3563 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AUTHORIZING THE ADOPTION AND EXECUTION OF THE SECOND AMENDED AND RESTATED LIABILITY INSURANCE COVERAGE PROGRAM AGREEMENT ENTERED INTO BETWEEN THE MONTANA MUNICIPAL INSURANCE AUTHORITY AND THE CITY OF BOZEMAN, DATED AS OF DECEMBER 1, 2002; AND AUTHORIZING THAT THE ADOPTION AND EXECUTION OF ANY AMENDMENT THERETO MAY BE MADE BY MOTION. 12-09-2002 ..__.~, -----.c..!I....__ . . . ..-...-...--.--------.-.------ - - 2 - Commission Resolution No. 3564 - authorizina issuance and sale of $1 06.000 SDecial Sidewalk Curb. Gutter and Allev ADDroach Bond. Series 2002: fixina form and details: Drovidina for execution and delivery: and Drescribina covenants ofthe Citv for the security therefor COMMISSION RESOLUTION NO. 3564 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO $106,000 SPECIAL SIDEWALK, CURB, GUTTER AND ALLEY APPROACH BOND, SERIES 2002; AUTHORIZING THE ISSUANCE AND SALE, FIXING THE FORM AND DETAilS, AND PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND CREATING SPECIAL SIDEWALK, CURB, GUTTER AND ALLEY APPROACH FUND AND PRESCRIBING COVENANTS OF THE CITY FOR THE SECURITY THEREFOR. Commission Resolution No. 3565 - authorize City Manager to sign Change Order No. 1 for 2001 Sewer Rehabilitation Proiect - Gelco Services. Inc.. Salem. Oregon - add $7 .200.00 and 0 calendar days COMMISSION RESOLUTION NO. 3565 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING AL TERATION/MODIFICATION OF CONTRACT WITH GELCO SERVICES, INC., SALEM, OREGON. Authorize City Manaaer to sign - Promissory Note between the City of Three Forks and the City of Bozeman for the 1991 GMC Aries sewer television truck ADDlications for renewal of Beer. Wine and Liauor Licenses for Calendar Year 2003 ExemDtion from subdivision review - aaareaation of Dortions of Lots 15.16.17 and 18. Block 21. West Park Addition. to incorDorate one-foot striD alona east DroDertv boundary Dreviouslv missed (east side of South 10th Avenue. north of West Koch Street) - Curtis and Karen Dassonville (E-02017) ADDrove selection of Sun Life as vendor to Drovide life and oDtional disability insurance for City emDlovees ADDrove selection of Northwestern Mutual in Bozeman as vendor for voluntary Roth IRAs and Section 529 Plans for City emDloyees Claims It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. Commission Resolution No. 3561 - statina SUDDort for maintaining local control of clean indoor air Dolicy Included in the Commissioners' packets was a copy of Commission Resolution No. 3561. entitled: COMMISSION RESOLUTION NO. 3561 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, STATING SUPPORT FOR MAINTAINING LOCAL CONTROL OF CLEAN INDOOR AIR POLICY. 12-09-2002 ---- .--- _.,- - 3- Health Officer Stephanie Nelson stated the Board of Health has previously encouraged the City Commission to consider adoption of a clean indoor air ordinance through a public process. She noted that such an ordinance has been adopted, in a manner congruent with the Board's philosophy. She indicated that the Board is concerned about the possibility of preemption laws being introduced during the upcoming legislative session, taking away the opportunity for local government control. Because of that concern, the Board considered and adopted a resolution that is very similar in wording to the one being considered by the Commission. Responding to questions from Commissioner Cetraro, Health Officer Nelson stated that discussion at the Board of Health meeting revolved around the possibility of legislation being introduced in the upcoming session that could have an impact on local ordinances that are more restrictive than State law. She characterized the resolution adopted by the Board as a declarative statement that was submitted to the City Commission for consideration. Commissioner Cetraro voiced concern about how this resolution has been submitted to the Commission, noting it was in last week's packet as an "FYI Item" and in this week's packet for action without any indication of who had requested it. He then stated he does not feel the Commission should vote on this resolution, particularly in light of some of the events occurring in Helena because of its ordinance. Commissioner Brown stated he feels it is appropriate to consider a proposal from the Health Board. Commissioner Youngman stated she feels this resolution is consistent with the stand which the Commission previously took on the issue. She noted that state control versus local control has been a long- standing debate that crosses party lines. She views adoption of this resolution as the logical next step in ensuring that the ordinance recently adopted is protected and remains in effect. City Manager Johnson noted that during the special legislative session, there was an unsuccessful attempt to introduce legislation that would punish municipalities that adopted ordinances which impacted revenues allocated to local governments through the "big bill;" and he anticipates a similar effort in the regular session. In light of that potential legislation, he proposed that the words "without financial punishment" be added at the end of the "Now, therefore" statement. It was moved by Commissioner Brown, seconded by Commissioner Youngman, that Commission Resolution No. 3561 be adopted, with the addition of the phrase "without financial punishment" at the end of the "Now, therefore" statement. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Youngman and Mayor Kirchhoff; those voting No being Commissioner Hietala and Commissioner Cetraro. Presentation of Feasibilitv ReDort: Bozeman Area Transit. dated December 3. 2002. from Bozeman Transit Task Force Included in the Commissioners' packets was a copy of the report completed by the Bozeman Transit Task Force. Members of the task force present at this meeting included Cynthia Andrus, Lisa Ballard, Brian Close, Joe Frost, David Kack, Jerry Perkins, Steve Potuzak, Jeff Rupp and Commissioner Jarvis Brown. Also present were Associate Planner Jody Sanford and Ralph Zimmer, who assisted the task force in preparing the report. Mr. Brian Close, Chair of the Bozeman Transit Task Force, presented the report to the Commission through a power point presentation. He recognized the efforts of David Kack, Lisa Ballard and Jody Sanford in preparing the report that is being submitted. Mr. Close noted that the task force began weekly meetings on June 20. Members of the task force also visited other transit systems in Montana, which represent a wide range of transit systems, and discussed the issues and problems with transit in Montana. The task force also had an all-day workshop on transit, after which they did research and collected data on transit in the western United States and then began formulating their findings and the report. 12-09-2002 . .--.-.-..------.--..-----. ......-. - 4- Mr. Close stated that ASMSU has opened its transit system to staff and faculty on an experimental basis. He noted that Gallatin County is the most populous county in Montana without public transportation, and it is has the second highest growth rate in the state. He indicated that benefits of transit include making it easier for people to get to employment or shopping. Additional benefits include more monies to be invested in other activities, more jobs, increased mobility, reduced congestion, improved air quality and increased time to do other things. Mr. Close stated that the task force looked at the triangle area that includes Bozeman, Belgrade and Four Corners, with just over 40,000 people living in that area. To be successful, the task force determined that the vehicles need to be new, attractive, noticeable, wheelchair accessible and have bike racks. The service needs to be frequent and must not be less than what is currently available to the University students. He then indicated that transit is more than just busses and may include car pooling, park and ride options, and coordinating issues like flex time for employees. Mr. Close stated that, in light of the area proposed for transit, the task force has recommended that the County create an urban transportation district, with representatives from the County, the Cities involved and MSU serving on the board. The earliest possible date for the creation of such a district would be November 2003, if the County were to initiate the process by June 2003. Mr. Close stated that the task force recommended that the system be started with four routes, possibly expanding to include nine routes after five years or so. The system would run for twelve hours on weekdays, and shortened hours on Saturdays. While the district could receive an 80/20 federal funding match for capital items, federal funding for operations is limited to a 50/50 split or less. The estimated cost of the system is $900,000 per year and would be funded through a separate mill levy. Mr. Close turned his attention to implementation, noting that if an urban transportation district was approved on the November 2003 ballot, the administrative infrastructure could be created and busses ready for operation by July 2005. He stressed that marketing is critical to the success of the system, as well as a stable funding source. Responding to questions from Commissioner Hietala, Mr. Close stated that he has talked to Belgrade; and other task force members have talked to ASMSU and will be talking to MSU President Gamble. The major employers have not yet been approached. He then indicated that the volume of traffic on key roads in the area is projected to double every five years, and cited Frontage Road and Huffine Lane as roads that will be impacted by that type of increase. Commissioner Brown stated the report suggests one of the next steps is for the City and County to jointly fund a $60,000 study to address refinement, outreach and traffic demand measures, and suggested that the monies paid by Home Depot might be one source for funding the City's share. Mayor Kirchhoff thanked the task force for the report and voiced his interest in working on shorter- term measures while awaiting a bus system. Commissioner Hietala stated the estimated 240,000 annual ridership seems high. Mr. Close responded that is far less than the numbers from Missoula. He also noted that, at the present time, GalaVan provides 24,000 rides, ASMSU provides 14,000 rides, and REACH provides 40,000 rides per year; and providing four times that many rides through an integrated system should be easily achievable. He then stated that systems typically do not receive their support from the fare box; rather, the cost of rides is kept as low as possible, with a majority of the funding coming from sources like federal funding and advertising. As a result of discussion, Mayor Kirchhoff suggested this item be added to the list of topics to be discussed with the County Commission at the January 21 meeting; a majority of the Commissioners concurred. Commissioner Youngman asked that the final report from the task force be posted on the web. Mayor Kirchhoff thanked the task force members for their work and for presentation of the report. 12-09-2002 --..-........---.--- .-.....----...----- .... - 5 - Break - 4:10 to 4:15 D.m. Mayor Kirchhoff declared a break from 4:10p.m. to 4:15 p.m., to allow for rearranging the room to meet with the Recreation and Parks Advisory Board members. Work session with Recreation and Parks Advisorv Board Included in the Commissioners' packets was a list of questions upon which the Board desired Commission comment or direction. Members of the Recreation and Parks Advisory Board present included: Sandy Appleby, Anne Banks, Gene Brooks, Sandy Dodge, Joanne Jennings, Cindy Mernin, Steve Sparks, Robert Wade. Staff members present included Director of Public Service Debbie Arkell, Superintendent of Facilities and Lands James Goehrung, Parks Foreman Ron Dingman, and Recreation Superintendent Sue Harkin. Also present was Robert Hamlin from Gallatin Valley Land Trust. Mr. Sandy Dodge began the discussion by stating it is important to fight the notion that parks are a luxury and to recognize that the parks must be maintained. He noted that the desire to acquire and develop parkland has outstripped the City's ability to maintain those areas, and a commitment to maintenance must be made. He stated that the priority of repairing streets before sports fields sends the message that the community values vehicles more than children. The Board then sought input on three specific questions. Subdivisions. The first pertains to subdivision review and the Commission's philosophy on ownership, development and maintenance of parks and trails. Ms. Anne Banks noted that parkland dedication is required for every residential subdivision; however, current regulations require developers to develop and maintain that parkland through a homeowners' association, and the result is to privatize those park areas. She stated that, to make the parks available to the whole community rather than neighborhood enclaves, the City must accept responsibility for development and maintenance. Further, she noted that when subdivisions develop in phases, it is difficult to amalgamate the parkland. She recognized that the cash-in-lieu option is not a good one, since it is not worth as much as the parkland itself; and it is difficult for a developer to purchase parkland in another area. She concluded by noting that Commissioners sometimes make informal comments to developers about the desirability of a park in a particular location or a trail on a certain alignment, and the developer accepts that comment as what is required. She stated this makes it difficult for the Board to forward a recommendation, particularly since a developer has often invested monies in plans based on a Commissioner's comments. Park Foreman Ron Dingman stated small parks are nice for small areas, but the community lacks open space for practice fields and needs more trails. Responding to Mayor Kirchhoff, Ms. Anne Banks stated the original Parks. Open Space and Trails (POST) plan discussed the logical places for larger parkland areas to some extent. It was to be revised in the past couple years, but staff turnover has precluded that effort. Responding to Commissioner Hietala, Park Foreman Dingman stated that a multi-use park should be 20 acres; and a multi-field sports complex should be at least 15 acres in size. Ms. Anne Banks noted that the neighborhood center concept changes parkland dedication issues. Ms. Sandy Applebee stated she is a soccer coach. She noted that children were previously able to practice on school grounds; however, that is no longer possible, so the children must be driven from the south side of town to the West Babcock Street fields for practice. She stated that to have open areas in neighborhoods where children can practice or have Saturday pick-up games is desired. Responding to Ms. Banks, Planning Director Epple stated it is difficult to pursue off-site parkland dedication unless three or four different property owners identify and agree upon a location for a future park, even if not all of them are ready to develop their properties. Funding. Responding to questions from Mayor Kirchhoff, Mr. Dodge stated the second key issue is identifying a source of funding for the maintenance of parks, noting that one option may be the creation 12-09-2002 - 6 - a park maintenance district, and possibly extending it beyond city limits so that those who use the parks help to cover the costs of maintaining them. He indicated another issue is the distribution of parkland development monies each year. He noted that those groups with good organization and infrastructure receive matching funds while those groups less organized have trouble competing for those monies. He suggested that the use of these monies should be driven by need rather than by organization of the group. Other issues include the lack of accountability or standards for park maintenance when a homeowners' association is required to do so, and concerns that capital improvement projects are continually deferred. Mr. Steve Sparks noted that approximately 1 ~ years ago, the issue of user fees was discussed; and those groups that are most organized are now footing a large part of the bill. He suggested that a park maintenance district be created or policies developed regarding user fees and user agreements to make the situation more equitable. He voiced concern that if fees are raised too much, groups will have difficulty funding activities for the youth. He indicated another issue to be addressed is responsibility for maintaining Bronken Park, which currently has no restroom facilities or parking area. Mayor Kirchhoff voiced his support for the creation of a park maintenance district, noting that without a dedicated funding source, privatizing of parks will be continued. He noted the Recreation and Parks Advisory Board is the group that should spearhead enthusiasm for the district. He suggested that a mail ballot should be considered, since there will be no City election until next fall. Mr. Gene Brooks noted that 30 to 50 percent of the youth playing in organized sports live outside city limits, and cautioned that City residents may not be willing to support parks at the level needed because of the impacts from that additional usage. Ms. Joanne Jennings noted that the County is interested in talking about the 1 DO-acre park and its development and maintenance. She suggested that a park maintenance district should include that park. Responding to comments from Mr. Sparks, City Manager Johnson stated that maintenance is not excluded as a use of the monies for park improvements as long as it fits within the program, citing the Southside tennis courts as an example. Commissioner Youngman suggested that, rather than seeking applications for use of the park improvement monies this year, the Board and Commission could identify the most urgent needs and target those monies internally. Ms. Anne Banks cautioned that if county properties are included in a park maintenance district, the County would then operate the district and the City would lose its authority. She urged everyone involved to consider all of the issues carefully when looking at the creation of a district. Mayor Kirchhoff noted that it is important to have a plan for self-sufficiency as the basis for a park maintenance district, and not a plan that includes expansion of the park program. Planning Director Andy Epple noted that the creation of a park maintenance district has been a topic of discussion for the past twelve years, and it is important for someone to take the lead. City Manager Johnson stated that there is no enabling legislation for the creation of a park maintenance district, and the Legislature recently denied a City of Great Falls request for such legislation. He suggested an alternative might be for the County to form a park maintenance district that excludes the city; and those monies could be used to develop parks outside the city limits or a portion could be contributed toward maintenance of the parks within city limits. Commissioner Youngman noted that the Commission has previously talked about putting a park maintenance district on the ballot, but there have always been other money issues on the ballot and the determination was made that it would not be good to add another money issue. Park Foreman Ron Dingman suggested that educating the public about the development and maintenance of parks, open space and recreational fields is an important component. He noted that playgrounds and sports fields are a high maintenance priority for his department, particularly in light of the injuries that can occur because of hard ground and unsafe fences. 12-09-2002 - 7 - Mr. Bob Wade noted that four years ago, he chose Bozeman as his new home because of the recreational activities available. He noted that, as a runner and biker, he uses the trails extensively. He recognized the benefits of the community's parks and trail system and stated it is important to take steps to keep the system. Communications. Responding to Ms. Joanne Jennings, Mayor Kirchhoff stated that the Commissioners receive the minutes from the Board meetings, and the top staff members provide updates on what's happening in the various departments. Ms. Jennings asked how the Board receives feedback from the Commission. Mayor Kirchhoff suggested that the Board should take a proactive role on the issue of creating a park maintenance district, noting that it is important for one or two zealots to keep the issue alive and before the Commission. He indicated that a Commissioner may be willing to put some additional effort into this issue, but the Board needs to do more in this area. Responding to Commissioner Hietala, Ms. Banks stated the POST plan serves as the master plan for parks in Bozeman, but it has not been updated since 1997. Commissioner Hietala then suggested that identifying the needs of a good parks operation and presenting a budget proposal for that operation would be an important step. He noted that it may also be beneficial to approach the Legislature to resolve the language in the State statutes that prevents the City from receiving the proper cash-in-lieu of parkland payment and possibly to seek authority for the creation of a park maintenance district. Ms. Joanne Jennings asked if the City Attorney could be requested to meet with the Board about the creation of a park maintenance district; Mayor Kirchhoff responded that the Commission is jealous about staff time but that if the Board were to identify this as a priority, it would also create a priority for the Commission. Superintendent of Facilities and Lands James Goehrung noted that the County has a 1 DO-acre park that they need to market; and if people make a commitment to that park, they will probably not be willing to help the City address its park needs. Planning Director Epple voiced his concurrence with those comments, noting the County's energy and monies will go toward the 1 DO-acre park for quite some time. Parks Foreman Dingman suggested the City may wish to be proactive and try to assume the responsibility for development and maintenance of that park. He suggested that if the County has the monies for maintenance of that park, it could be the start of a partnership between the two entities. Responding to Ms. Anne Banks, Commissioner Youngman stated the Commission receives the minutes from the Board meetings and receives the Board subdivision review comments when a specific project comes before the Commission. Responding to Mayor Kirchhoff, four Commissioners indicated support for having a representative from the City talk to a County representative regarding the creation of a park maintenance district. He noted that Commissioner Hietala or City Manager Johnson could let the Board know when the meeting will be held. Mayor Kirchhoff then thanked the Board for their time and energy and for attending this meeting. Recess - 5:37 p.m. Mayor Kirchhoff recessed the meeting at 5:37 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings and completing the routine business items. 12-09-2002 --------- ... -.. --.--...----. - 8- Reconvene - 7:00 p.m. Mayor Kirchhoff reconvened the meeting at 7:00 p.m. Public hearina - Maior Site Plan and Certificate of Appropriateness to allow construction of a 5.865- sauare-foot bank. with one floor of two-stOry residential units above. on Lots 1-4. 17 and 18. Block C. StOry Addition. with deviation from Section 18.50.100. Bozeman Municipal Code. to allow drive- through facilitv to encroach into side yard setback - Sprinaer Group for Buz Cowdrey (202 West Main Street) (Z-02218) This was the time and place set for the public hearing on the Major Site Plan and Certificate of Appropriateness requested by Springer Group for Buz Cowdrey under Application No. Z-02218, to allow construction of a 5,865-square-foot bank, with one floor of two-story residential units above, on Lots 1, 2, 3, 4, 17 and 18, Block C, Story Addition, with a deviation from Section 18.50.100 of the Bozeman Municipal Code to allow a drive-through facility to encroach into the side yard setback. The subject property is located at 202 West Main Street. Included in the Commissioners' packets was a memo from Assistant Planner Karin Caroline, dated December 4, forwarding the applicant's request that the public hearing be continued to December 16 to give them time to respond to changes made by the Design Review Board. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the public hearing be continued to December 16, per the applicant's request. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No, none. Public hearina - preliminarv plat for minor subdivision - subdivide 52.5 acres described as Lot 2. cas No. 2089. into four lots for commercial and residential development. with variance from Section 16.16.010.A.. Bozeman Municipal Code. to allow future street improvements to Tschache Lane to coincide with future development of proposed Lot 4 - Home Depot U.S.A.. Inc. (P-02049) This was the time and place set for the public hearing on the preliminary plat for a minor subdivision requested by Home Depot U.S.A., Inc., under Application No. P-02049, to subdivide 52.5 acres described as Lot 2, Certificate of Survey No. 2089, into four lots for commercial and residential development, with a variance from Section 16.16.01 O.A. of the Bozeman Municipal Code, to allow future street improvements to Tschache Lane to coincide with future development of proposed Lot 4. The subject property is located along the west side of North 19th Avenue, between Tschache Lane and Baxter Lane. Mayor Kirchhoff opened the public hearing. Assistant Planner Karin Caroline presented the staff report. She stated that under this application, the parcel upon which Home Depot is located is to be subdivided into a lot for that development, two satellite lots and a 36-acre remainder parcel that is to be sold back to the previous owner. She noted that Tschache Lane has been constructed to the edge of the Home Depot lot, with a cul-de-sac at the end; and the applicant is seeking a variance to allow future extension of that roadway to coincide with future development of proposed Lot 4. She stated that Tschache Lane is constructed on the section line and, to the west of the Home Depot lot, the parcels along the north side of the section line are located outside city limits. Also, she noted that construction of the road at this time could pose design problems for the residential development that is anticipated on a portion of the remainder lot. 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 noted that the City Planning Board considered this application at its December 3 meeting and, following deliberation, concurred in staff's recommendation for approval of the preliminary plat, subject to seventeen conditions, and approval of the variance. Ms. Susan Swimley, attorney representing the applicant, stated her concurrence with the staff report and recommendation from the City Planning Board and asked the Commission to approve this preliminary plat. 12-09-2002 ---....---------........-- ..- ..-..----.".- .---..... - .--...--.----.---------..--. - 9- Mr. Lowell Springer, architect representing Mr. Don Cape, encouraged the Commission to approve the preliminary plat but to not approve the variance. He noted that Mr. Cape, who previously owned the subject property, feels the road should be built and that failure to do so could be a detriment to him. He indicated that, at a minimum, the south half of the road should be constructed. Ms. Susan Swimley stated she feels it is inappropriate to construct one-half of the roadway and once again encouraged the Commission to accept the Planning Board's recommendation. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. Responding to Commissioner Youngman, Assistant Planner Caroline stated that 30 feet of the right- of-way for Tschache Lane west of the Home Depot lot will be dedicated with this subdivision. If the variance is approved, construction of the road will be deferred until future development of Lot 4 or future development of the land in the county, whichever occurs first. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the variance from Section 16.16.01 O.A. of the Bozeman Municipal Code, to allow future street improvements to Tschache Lane to coincide with future development of proposed Lot 4 be approved. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the preliminary plat for a minor subdivision requested by Home Depot U.S.A., Inc., under Application No. P-02049, to subdivide 52.5 acres described as Lot 2, Certificate of Survey No. 2089, into four lots for commercial and residential development, be approved subject to the following conditions: 1. There shall be an 8-foot wide curvilinear asphalt pathway constructed along North 19th Avenue within the 50-foot greenway corridor from Tschache Lane south to West Oak Street prior to filing of the final plat. 2. If the City Commission approves the variance request, the final plat shall contain a note that there is to be no building on Lot 4 until improvements to Tschache Lane to the west property line have been installed and accepted by the City. If the variance is granted, the temporary cul-de-sac for the Home Depot project will be the furthest extension west on Tschache Lane improvements. 3. The final plat shall note Catron Creek as a stream/ditch. 4. There shall be a note on the plat indicating no direct access onto North 19th Avenue from either proposed Lots 2 or 3. 5. Final plat shall show any existing water and sewer lines and associated easements. 6. Water rights, or cash-in-lieu thereof, shall be provided and paid for prior to final plat approval. If the final plat of the subdivision is filed in phases, water rights will only be required for each phase as the final plat for that phase is filed. The amount of water rights required will be determined by the Director of Public Service based on the proposed final plat(s). 7. Tschache Lane shall be constructed to a city standard street from its current end to the western boundary of the subdivision unless a variance is granted by the City Commission. This shall include all required utility extensions within the right-of-way. If the variance is granted, the required right-of-way shall be granted with this subdivision. Engineering would also recommend that if the variance is granted, a restriction be placed on the plat that would prohibit any building permits from being issued on Lot 4 until such time as the street is constructed or the lot goes through further subdivision review. 8. One-half of the required 120 feet of right-of-way for West Oak Street shall be dedicated with this subdivision. 12-09-2002 - 10- 9. One-half of the required 100 feet of right-of-way for Baxter Lane shall be dedicated with this subdivision. 10. The final plat shall conform to all requirements of the Bozeman Area Subdivision Regulations and the Uniform Standards for Final Subdivision Plats and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The final plat application shall include two (2) signed cloth back (or equivalent) copies; two (2) signed reproducible copies on a stable base polyester film (or equivalent); two (2) digital copies on a double-sided, high-density 312-inch floppy disk; and five (5) paper prints. 11. Conditional approval of the preliminary plat shall be in force for not more than three calendar years, as provided by State statute. Prior to that expiration date, the developer may submit a letter of request for the extension of the period to the Planning Director for the City Commission's consideration. 12. If it is the developer's intent to file the plat prior to the completion of all required improvements, an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the Preliminary Plat submittal information and conditions of approval. If the final plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150 percent of the cost of the remaining improvements. 13. A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer. The master plan must depict the maximum sized retention basin location, show location of and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin site, drainage ways and finished lot grades), typical stormwater detentionl retention basin and discharge structure details, basin sizing calculations and a stormwater maintenance plan. Any stormwater ponds located within a park or open space shall be designed and constructed to be conducive to the normal use and maintenance of the open space. Stormwater ponds for runoff generated by the subdivision (e.g., general lot runoff, public or private streets, common open space, parks, etc.) shall not be located on easements within privately owned lots. While the run-off from the individual lots will be dependent on the intensity of use on each lot, the maximum sizing of the storm retention facilities for each lot will be established based on maximum site development. Final facility sizing may be reviewed and reduced during design review of the final site plan for each lot. 14. Plans and specifications and a detailed design report for water and sewer main extensions, storm sewer and the public street, prepared by a Professional Engineer, shall be provided to and approved by the City Engineer and the Montana Department of Environmental Quality. The Applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre-construction conference has been conducted. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements. 12-09-2002 -------------- -- -.. .---------..."... - 11 - 15. All infrastructure improvements including 1) water and sewer main extensions, and 2) public streets, curb/gutter, sidewalks fronting parks, open space, rear yard frontages or other non-lot frontages, and related storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to final plat approval. City standard residential sidewalks shall be constructed on all public street frontages of a property prior to occupancy of any structure on the property. Upon the third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed said sidewalk shall, without further notice, construct within 30 days said sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot. This condition shall be included on the plat and in the covenants for the subdivision. 16. 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 plat approval. 17. The developer shall make arrangements with the City Engineer's office to provide addresses for all individual lots in the subdivision prior to filing of the final plat. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. Continued public hearina - Conditional Use Permit for amendments to auidelines for StoneRidae Planned Unit Development for future development in StoneRidae Subdivision Nos. 1 and 2. Phases 2A and 2B. and Lots 1 and 2. COS No. 2089 (Phase 3) - Sprinaer Group for Cape-France Enterprises. Inc. (Z-02077 A) This was the time and place set for the continued public hearing on the Conditional Use Permit requested by Springer Group for Cape-France Enterprises, Inc., under Application No. Z-02077A, for amendments to the guidelines for the StoneRidge Planned Unit Development for future development in StoneRidge Subdivision Nos. 1 and 2, Phases 2A and 28, and Lots 1 and 2, CDS No. 2089 (Phase 3). The subject development is generally located along the west side of North 19th Avenue between Durston Road and Baxter Lane, with a small portion located at the southeast corner of the intersection of North 19th Avenue and Baxter Lane. Mayor Kirchhoff reopened the public hearing. Assistant Planner Karin Caroline presented the staff report. She reminded the Commission that the StoneRidge Subdivision was approved in 1999 and has been back before the Commission on several occasions for various issues. She noted that, while there has been considerable development on portions of the subdivision, there are other portions not yet developed. Under this application, several amendments to the development guidelines are proposed and, if approved, would be the guidelines under which the remainder of the subdivision would occur. The Assistant Planner stated that staff has reviewed the modifications requested by the applicant, which essentially fall under ten issues, and staff's comprehensive findings are contained in the written staff report. She briefly highlighted each of those issues and provided staff's recommendations. She also noted that the Zoning Commission considered this item and forwarded a recommendation slightly different from the staff's. Assistant Planner Caroline noted the modifications include allowing buildings on the "B-1" zoned lots to exceed the 5,OOO-square-foot footprint limitation. Based on the original planned unit development and the overly large lots, staff could support allowing buildings a maximum of 10,000 square feet, with no more than 6,000 square feet of first floor area being occupied by a single tenant. Responding to Mayor Kirchhoff, the Planner indicated that the Holiday Convenience Store is the only commercial use constructed on a "B-1" 12-09-2002 - .__m_____.____ - 12 - zoned lot; the other developed "B-1" zoned lots contain office buildings. She then indicated there are no limitations for building on the lots except for setbacks, greenways and other similar requirements. The Assistant Planner turned her attention to the second modification, under which a small animal veterinary clinic would be allowed on Lot 5, which is an irregularly shaped lot located immediately behind the Holiday StationStore. She indicated that this type of use is not allowed under the "B-1" zoning designation. Staff has forwarded a recommendation for approval, with the requirement that boarding not be allowed inside or outside the facility; only patients would be allowed to remain there. Planner Caroline addressed the third modification, which is to change the building setback requirements to match the current zoning ordinance; and both staff and the Zoning Commission have recommended approval. On the fourth modification, to allow continuation of the 35-foot stream bank setback, staff has also recommended approval. Under the sixth modification, the Assistant Planner noted that the joint use of driveways is to be encouraged; and staff recommended approval. The seventh modification is to allow the building and parking setbacks on Lots 5 through 8 to be measured from the back of the curb. The Assistant Planner noted that, since the property line extends into StoneRidge Drive, staff recommends approval of the modification. The Assistant Planner next addressed the eighth modification, to allow parking on one side of both Charlotte Street and StoneRidge Drive. Since both streets are narrow, private streets and parking would result in less than the 20-foot minimum for safety issues, staff recommend this modification not be approved. Assistant Planner Caroline stated the last two modifications result from concerns voiced by residents in the Brentwood Subdivision. One modification is to restrict apartment buildings on the "R-Q" zoned lots; and the other modification is to limit the heights of the buildings on Lots 24 through 29, StoneRidge Subdivision, Phase 2B, which abut the lots in Brentwood Subdivision. Staff has recommended approval of both modifications. The Assistant Planner concluded by drawing attention to Condition NO.3 in the staff report. She noted this is a length condition under which several uses under each zoning district are to be removed from the development guidelines. She indicated that this will bring the uses into line with the zone code. Mr. Lowell Springer, architect representing the applicant, stated that in 1997, the initial plan for StoneRidge Subdivision was approved in concept. As he worked with staff over the years, however, it was noted some of the areas were not properly zoned for the types of uses anticipated. He indicated that, while he may not feel all of the modifications are needed for this planned unit development, he concurs with the staff report and encouraged approval of those modifications as recommended by staff. Mr. Roger Craft, 1100 Mountain Ash Drive, asked for clarification of the conditions pertaining to the height of buildings allowed on Lots 25 through 29, which encourage a combination of one and two-story buildings. He voiced concern that it appears 50 percent of the footprint could be two stories tall, which is greater than the 40-percent figure he had suggested a few weeks ago. Mr. Dennis Hardin stated he is the real estate agent for three of the lots in this subdivision. He voiced support for allowing a small veterinary clinic on Lot 5, noting it would be adjacent to a very busy commercial site. He suggested that, given the large amount of residential development within two miles of this site, it would be an ideal location for an animal clinic. He then indicated that some of the other anticipated commercial uses in this subdivision would generate limited traffic since much of the business would be conducted through delivery of products. Assistant Planner Caroline addressed the issues raised by Mr. Craft, noting that the limitation on building heights adjacent to the Brentwood Subdivision was not part of the application but was added because of the neighborhood concerns. She acknowledged that under the condition, as written, there is flexibility for consideration of a site plan that contains more than one building, with one of those buildings being a two-story structure and the other being a one-story structure. She indicated the key issue was to address the concern that apartment buildings could be constructed on those lots. 12-09-2002 - 13 - Responding to Commissioner Brown, the Assistant Planner indicated the only modification not supported by staff is the request for on-street parking on the private drives. Mr. Lowell Springer stated that, while he would prefer to see no limitation on the building sizes allowed on the "B-1" zoned lots, he recognizes the importance of having such limitations. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the Conditional Use Permit requested by Springer Group for Cape-France Enterprises, Inc., under Application No. Z- 02077 A, for amendments to the guidelines for the StoneRidge Planned Unit Development for future development in StoneRidge Subdivision Nos. 1 and 2, Phases 2A and 2B, and Lots 1 and 2, CDS No. 2089 (Phase 3), be approved subject to the following conditions: 1. Regarding the small animal vet clinic, this facility would only be allowed on the existing Lot No.5 of StoneRidge Phase 2A through a site plan review application. No other "B-1" lot within the StoneRidge Subdivision shall allow a small animal vet clinic as a permitted or conditional use. In addition, the only animals that would be allowed to be kept overnight are the animal "patients" needing care from that facility. No other animals may be boarded overnight at this facility. 2. Regarding the building footprint limitation, buildings developed on "B-1" zoned lots may be allowed to exceed the building square footprint limitation up to a maximum of 1 0.000 square feet; however, no sino Ie tenant shall occupy more than 6,000 sauare feet in first floor aross floor area, which would meet the intent of the "B-1" district for small retail and service activities. 3. Exhibit LU (List of Uses) shall be noted, not by Phase, but by Zoning District. Those proposed uses that already appear within the appropriate zoning district in the Bozeman Zoning Ordinance shall be reviewed as either a permitted principal use or conditional use as noted in the Bozeman Zoning Ordinance. Per Zoning District, the following will not be allowed and shall be removed from the proposed list of uses: B-1 : Churches Cigar and tobacco store Wholesale establishments that use samples but do not stock on premises R-D: Athletic clubs and sports clubs Churches Private club, fraternity, sorority or lodge Any uses allowed in the B-1 zoning designation M-1: Casinos B-2: List of proposed uses shall be deleted and replaced with: Any permitted principal or conditional uses permitted under Section 18.30.020 R-3: List of proposed uses shall be deleted and replaced with: Any permitted principal or conditional uses permitted under Section 18.20.020 4. Pertaining to "R-O" zoned lots, no building in which apartments are the single and primary use will be allowed. 5. With regards to Lots 24 through 29 of StoneRidge Phase 2B, a combination of one and two-story buildings will be encouraged. At least 50 percent of the total building footprint of any site plan will be single story. 12-09-2002 ___..u__._...__.,. -... --.....------....-----.- - 14- 6. All of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval, or commencement of the conditional use. 7. The applicant must submit seven (7) copies of a final site plan within 6 months of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Department. 8. The right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. Continued Dublic hearina - Conditional Use Permit - allow construction of a broadband wireless small-scale broadcast facilitv on the City's water tank located in JoseDhine Park (1630 Kenyon Drive) - Cutthroat Communications tZ-02222) This was the time and place set for the continued public hearing on the Conditional Use Permit requested by Cutthroat Communications under Application No. Z-02222, to allow construction of a broadband wireless small-scale broadcast facility on the City's water tank located in Josephine Park. The subject property is more commonly known as 1630 Kenyon Drive. Mayor Kirchhoff reopened the public hearing. Assistant Planner Susan Kozub presented the staff report. She reviewed the surrounding uses, which include single-family residences, condominiums and county land. She stated the City's water tank currently contains equipment for three private telecommunications companies, Three Rivers Wireless, Owest, and VoiceStream, plus equipment for the City's public service and public safety communications needs. She noted that a large antenna was initially proposed, but the applicant has since determined it can be reduced to two feet, so a new set of drawings has been submitted. She indicated that under this application, a soundproof cabinet is to be set on a concrete slab adjacent to the existing cabinet. The Assistant Planner stated that staff has reviewed this application against the applicable criteria, and staff's comprehensive findings are contained in the written staff report. She briefly reviewed those findings, noting that a number of concerns were identified during that review. They include the need for existing emergency services to operate without interference, the need to retain adequate space on the tank to accommodate future City services equipment, and security. She noted that on November 21, police officers were unable to access the police repeater due to interference, which has generated a significant amount of concern. In light of those concerns, staff has forwarded a recommendation for denial, but has identified nine conditions should the Commission choose to approve the request. Responding to Commissioner Brown, Acting Water/Sewer Superintendent John Alston stated that the problem on November 21 was a systemic problem, not an issue of location. Ms. Kathrine Dayton, Cutthroat Communications, noted that their services require line of sight; and the water tank provides a great site. She stated that many Bozeman businesses are awaiting their services, and this application is in keeping with the City's goal to have broadcast facilities located on existing structures. She reminded the Commission that the staff's recommendation for denial is based in large part on fears offrequency interference because of issues that have been encountered with the existing carriers. She asked that the Commission consider granting approval on the assumption that frequency issues can be worked out and that reasonable lease fees can be established, noting that denial of this application will continue to make Bozeman the only market with limited coverage. If the Commission does not feel it can approve the application, she asked that consideration be given to engaging a third party engineering consultant to address the interference issues while representatives from the City and the telecommunications industry work to prepare a good long-term plan for providing services in Bozeman. 12-09-2002 - 15 - Mr. Todd Gratez, Cutthroat Communications, noted they are one of the few high tech companies in Montana that is truly a steward of the airwaves, investing in new forms of technology to improve coverage and reduce interference. He stated they are currently re-engineering sites to ensure compliance with FCC regulations, many of which address interference. He indicated a willingness to partner with the City and emergency services to look at those issues. He concluded by noting that if this application is not approved, they will need to identify other sites that could provide service to the community. Acting Water/Sewer Superintendent John Alston stated he is in charge of the City's communications services. He stated the City has plans for future communications and, at this time, he can't predict the frequency bands or technology changes. He noted there are a half dozen additional communications projects for public safety and public service, including east end paging, that will require additional equipment and space on the tank. Responding to questions from the Commission, Acting Superintendent Alston stated that the Fire Department has a repeater on the Nelson Story Tower on the MSU campus, and the Water Department has a redundant repeater at the landfill. He stated that the water tank provides the best reception on the east end of town. He then recognized the importance of working on a master plan for the City's needs that could be considered in conjunction with the master plan for the needs of private ventures. He acknowledged that the interference issues could probably be addressed before or during installation of this equipment, but stressed the importance of retaining space for the City's future needs. Mr. Brian Everman, Backyard Properties, LLC, stated that the safety factor is a key issue and one of the top priorities for the quality of life here. He noted that he does not know how the interference problems occurred, but he suggested that the master plan for broadcast facilities may help to address that issue. Since there were no objections, Mayor Kirchhoff closed the public hearing. Responding to Commissioner Cetraro, City Manager Johnson stated he does not know if the water tank is full or not, particularly in light of the problems encountered a couple of weeks ago. He noted that public safety is the top priority issue, and he must rely on an expert to identify any issues with the site. He suggested that, rather than taking action at this time, the Commission could table action until more definitive answers are available. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the Conditional Use Permit requested by Cutthroat Communications under Application No. Z-02222, to allow construction of a broadband wireless small-scale broadcast facility on the City's water tank located in Josephine Park be approved subject to the following conditions: 1. That the right to a use permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure. 2. That all of the special conditions and code provisions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors, or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the Gallatin County Clerk and Recorder's office by the property owner prior to final site plan approval. 3. The applicant shall 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. 4. A building permit must be obtained prior to site work, and must be obtained within one year of final site plan approval. Building permits will not be issued until the final site plan is approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of the final site plan, including excavation and footing preparation, but no concrete may be poured until a building permit is obtained. 12-09-2002 -...------ - 16 - 5. The applicant shall be required to provide payment for a proportional share of a landscape and irrigation plan determined by the City of Bozeman prior to final site plan approval. 6. A license agreement, completed by both the property owner and the applicant, must be executed and a copy provided to the Planning Office prior to final site plan approval. 7. The applicant shall be required to provide payment for a proportionate share of all security improvements identified in the "Security Risk Assessment, Bozeman Water Treatment System" (11/15/02) prior to final site plan approval. 8. Prior to final site plan approval, the applicant shall pay for a proportionate share of an independent radio frequency study by a registered RF engineer selected by the City of Bozeman focusing on the feasibility of all present and future City and non- City radio frequencies to operate without interference at the Hilltop Tank site. This study shall include the potential adverse effects to City service workers working in this multi-band environment. 9. The facility must remain secure with access administered by City Water Treatment Plant personnel. Following discussion, Commissioner Cetraro withdrew his motion and placed the following motion on the floor: It was moved by Commissioner Cetraro, seconded by Commission Youngman, that action on this item be tabled. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No, none. Mayor Kirchhoff requested that this item be brought back to the Commission for consideration when the needed data is available. Break - 8:20 to 8:25 p.m. Mayor Kirchhoff declared a break from 8:20 p.m. to 8:25 p.m., in accordance with Commission policy. Informal review - pre-application for Baxter Sauare Maior Subdivision - to subdivide 18 acres located alona north side of Baxter lane west of Thomas lane into 150 townhouse lots lP-02048) Included in the Commissioners' packets was a memo from Assistant Planner Jami Morris forwarding a pre-application for the Baxter Square Major Subdivision, as submitted by Everett Weirda and Baxter Square Partners. Under this application, approximately 18 acres located along the north side of Baxter Lane west of Thomas Lane would be subdivided into 150 townhouse lots. Assistant Planner Jami Morris stated that this pre-application is for 18 acres that came in under two separate annexation requests and, to date, neither annexation process has been completed. She stated that preliminary approval has been given for an "R-3" zoning designation, and the zoning process cannot be completed until annexation. The Assistant Planner briefly highlighted some of the features in the pre-application, including an east/west public street on an alignment with a street to the east, one north/south street on the southern portion of the site and a looped road system on the north end of the site, a 1.2-acre parkland dedication along the north side of the east/west street, and a 50-foot-wide streambank setback in the southwest portion of the property. She reminded the Commission that, during the annexation process there was discussion about the incorporation of affordable housing on the 10-acre parcel and noted the applicant has requested clarification on that issue. Mr. Per Hjalmarsson, C&H Engineering, noted that these properties are owned by two different parties. He indicated that the east half of the property is to be developed with 26-foot-wide units in 12-09-2002 ----------- - 17 - townhouse clusters, while the west half is to be developed with units ranging from 22 to 26 feet wide in townhouse clusters. He distributed copies of renderings for the proposed townhouse units, noting that the buildings will be a variety of two, three, four and five-unit structures. At the present time, the 26-foot-wide units are not included in the five-unit structure because of the 120-foot maximum wall length contained in the zone code and asked if the Commissioners would be willing to consider a request to exceed that wall length. Planning Director Epple noted that this type of request for relaxation of the code requirements will trigger the planned unit development process. Mr. Hjalmarsson noted that some of the other issues on which he would like Commission input are included in Assistant Planner Morris's memo, including block lengths which exceed 400 feet, parkland dedication, the definition of affordable housing, and applying a portion of the streambank setback to the parkland dedication requirements. Mr. John Sinrud, JKG and Associates, showed the Commissioners the rendering for the four-plex design, noting that it breaks up the facades and garages. The outer ends are to be in a Craftsman style, with the inner units being an Italian, Victorian or Jordan style. He indicated that each 26-foot-wide unit is to create a sense of community, with lower and upper levels. The garages are to be a tandem style, which eliminates the need for massive garage doors and better encourages communication with the neighbors. Mr. Sinrud stated that monument signs for Baxter Square are to be provided at the entrances to the development, to create a sense of place. He then indicated his desire to construct these units in a five-plex design, noting it would allow for better design and less sameness of buildings. He noted that, with the front porches. this development would be similar to those residential areas near downtown. Responding to Mayor Kirchhoff, Mr. Sinrud confirmed that the garages would be 40 to 43 feet deep. He indicated that, if the additional length is allowed, most of the units would be five-plexes, with some two, three and four-plex units interspersed. If the additional length is not approved, most of the units will be four- plexes with two, three and five-plex units interspersed. He indicated that the units will be mostly three- bedroom units with the living quarters on the main level and the bedrooms upstairs. Responding to Commissioner Youngman, Mr. Sinrud stated the units will be approximately 1400 square feet. He indicated that with the units as proposed, the living room can be located in either the front or the back of the unit. Commissioner Youngman encouraged the applicant to consider a variety of unit sizes and numbers of bedrooms, particularly in light of the market for one and two-bedroom affordable units. She also suggested that this housing mix would draw a mix of people and make the development a neighborhood. Responding to Commissioner Youngman, Assistant Planner Morris confirmed that 4~ acres of parkland dedication would be required, and the applicant is proposing to dedicate 2 acres with the remainder being cash-in-lieu. Commissioner Youngman voiced her concern about this proposal because of the rate at which the cash-in-lieu is paid and the fact that the park area would not be adequate for the proposed density of this development. Commissioner Youngman turned her attention to affordable housing, noting the new growth plan anticipates affordable housing for those at 80 percent of median income will be spread throughout the community and not constructed in pods. She suggested that some lower income units be included in this development, noting that a new proposed affordable housing policy should be available for Commission consideration within the next two months. Responding to Planning Director Epple, a majority of the Commissioners indicated a willingness to consider five-plexes which are 130 feet long. Commissioner Youngman asked that mass, architectural features and building materials all be carefully considered for those units. Mayor Kirchhoff voiced his support for the suggestion that different sized units be incorporated into the project, noting it could provide a welcome relief in design. He forwarded his appreciation for the design reflected in the rendering, and suggested that a reduction in density could further enhance the project. He cautioned that affordability could decline because of design features and materials used. He acknowledged 12-09-2002 - 18 - that this type of development might work better in the core area of the community and concluded by suggesting that alleys might enhance the design and function of this development. Ms. Voss Bowman stated that issues like parking on the street will be addressed through covenants and restrictions. She also noted that the homeowners' association will have control over the landscaping, which will promote the aesthetics of the neighborhood. Mayor Kirchhoff suggested that, given the density of the project, pocket parks may be preferable since they could help to break up the massing of the living units. Responding to Commissioner Youngman, Mayor Kirchhoff indicated he would prefer to see 300-foot block lengths and as much of a grid system as possible. He encouraged the applicant to not just consider what is on the ground today, but what type of development might occur on surrounding properties in the future. Commissioner Youngman indicated her concurrence with those comments. Commissioner Brown voiced his support for the design of the units, but noted that the use of a tandem garage raises questions and might lead to people parking in the driveway and on the street instead. Mr. Weirda noted that an increase in parkland dedication will increase the cost of the units. He then asked that the stream bank setback be applied to the dedication requirements, particularly since it is usable land and not a swamp. Mayor Kirchhoff thanked the applicant and his representatives for the opportunity to review this proposed development. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1 ) Invitation to attend the meeting with legislators at 4:30 p.m. on Thursday, December 12, along with a worksheet to be completed prior to the meeting. (2) Copy of a letter from Betty Stroock, 1350 Story Mill Road, to the Montana Department of Environmental Quality expressing concern about the proposed disposal of toxic wastes from the new library site at the City's landfill. (3) Letter from Tom Simkins, Simkins-Hallin Lumber Co., voicing concern about the big box ordinance as drafted. (4) Letter from Katie Weaver, 207 Accola Drive, dated October 15, about strip clubs. (5) Post card announcing the "Under the Big Sky Greening Conference" to be held at Big Sky on June 11, 12 and13, 2003. (6) Letter from the Montana Spay/Neuter Task Force, dated November 22, thanking the City for its contribution to the Gallatin County Pet Care Week and forwarding information on the spay/neuter clinic. (7) Invitation to attend the Christmas Luncheon hosted by the Gallatin County Republic Women on Wednesday, December 18. (8) Newsletter from Headwaters Recycling announcing that the next meeting will be held on December 11 at Three Forks. (9) Minutes from the Bozeman Alcohol Policy Council meeting held on December 4, 2002. (10) Agenda for the Bozeman School District NO.7 Board meeting to be held at 7:00 p.m. on Monday, December 9, at the Willson School. (11 ) Agenda for the Open Lands Board of Gallatin County meeting to be held at 7:00 p.m. on Monday, December 9, at the Fairgrounds. 12-09-2002 -------.--- -.-..--.-... - 19- (12) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, December 10, at the Fairgrounds. (13) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, December 10, at the Professional Building. (14) Agenda for the Design Review Board meeting to be held at3:30 p.m. on Tuesday, December 10, at the Professional Building. (15) Agenda for the County Planning Board meeting to be held at 6:30 p.m. on Tuesday, December 10, in the Commission Room. (16) City Manager Johnson distributed a list of legislative interests as an example of concepts upon which staff would analyze the 2100 or 2200 legislative bills submitted during the upcoming session. He asked that the Commission consider developing this type of list and position paper, noting that if a bill violates those values, staff would oppose it; and if a bill matches those values, staff would support it. The Commissioners reviewed the example of legislative interests, indicating general concurrence with the items listed. Commissioner Cetraro voiced his concern that local option taxes are typically discriminatory against the hospitality industry, and he feels it needs to be more broad based to be fair. He then stated that the items to be taxed should be included on the ballot and decided by the voters. Commissioner Youngman announced that the legislative meeting is now scheduled to begin at 5:45 p.m. at Ballroom C in the Strand Union Building. After introductions and dinner, the group will break into small group discussions for an hour and then back into the large group for additional discussion and, hopefully, development of a list of items that all groups represented can support. (17) Commissioner Youngman stated that she spoke about local government to a fifth grade class this week, and they were pleased to hear about the proposed transit system. (18) Mayor Kirchhoff stated that at tomorrow's meeting, the Gallatin County Planning Board will discuss a proposal from NorthWestern Energy to expand the Sourdough substation. He noted that many of the residents in that area are concerned about the issue and asked if the City should become involved. Planning Director Epple aCknowledged that a presentation to the County Commission may be more effective than a presentation to the Planning Board; however, he noted that appearing before the Board will put them on notice of the concerns. He recognized that expansion of this substation could compromise the efforts toward neighborhood planning for this area. As a result of discussion, Mayor Kirchhoff indicated he will draft a letter to the County Planning Board and distribute it to the Commissioners, City Manager and Planning Director for review prior to finalizing and submitting it to the County Planning Office before 5:00 p.m. tomorrow. (19) Mayor Kirchhoff showed the Commission the book he had received from Mr. Francesco Sciortino, Consul General of Italy, providing 104 years of photos from Italian communities in the United States. (20) Commissioner Cetraro briefly reported on his attendance at the National League of Cities Congress of Cities, which was held last week in Salt Lake City. He noted they rode the public transit system and visited a transfer station in Sandy. Commissioner Hietala noted that the transfer station was located next to a golf course and the water treatment plant and was adjacent to a rail system with access to the freeway being near. He stated the public was not allowed at the site, and the contract price was $22.50 per ton. 12-09-2002 ---- - ---------- - 20- Adjournment ~ 10:30 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. STE4R~K~ ATTEST: ~./~ ROBIN L. SULLIVAN Clerk of the Commission 12-09-2002