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HomeMy WebLinkAbout2000-08-21 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION . BOZEMAN, MONTANA August 21, 2000 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, August 21, 2000, at 3:00 pm. Present were Mayor Youngman, Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, City Manager Johnson, Assistant City Manager Brey, City Attorney Luwe, and Deputy Clerk of the Commission DeLathower. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - January 18. January 24. Januarv 31. Februarv 7. February 14. June 19. July 17. AUQust 7. AUQust 14 and AUQust 17. 2000 It was moved by Commissioner Brown, seconded by Commissioner Frost. that the minutes of the meetings of July 31 and August 14, 2000, be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown. Commissioner Frost, . Commissioner Smiley, Commissioner Kirchhoff, and Mayor Youngman; those voting No. none. All Commissioners agreed to have the titles added next to the corresponding numbers on the agenda meeting minutes. Mayor Youngman deferred action on the minutes of the meetings of January 18. January 24, January 31. February 7. February 14. June 19, July 17, August 7 and August 17, 2000 to a later date. Review of proposed provision in Annexation Aareement for the Westlake.Martinen/WalMart Annexation Included in the Commissioners' packets was a memo from Staff Attorney Cooper, dated July 26. 2000. Mr. White. attorney representing the Westlakes. was not present. Staff Attorney Cooper referred to the information previously distributed in the Commissioners' packets. He characterized the issue as having the certainty of newly annexed properties paying impact fees or their equivalent. Mr. White is recommending his clients sign an agreement with the certainty of paying fees. Mr. Cooper stated the difference is the agreement, with the proposed language change, will ensure that development fees for property developed at that site will be based on the new fee established if the current impact fees are held invalid. . 08-21-2000 .....---.. -. - --..------ .-- - 2 - Staff Attorney Cooper noted there are three alternatives, listed with their ramifications: . 1) Continue with the current policy; all annexed land pays the rates at the date of agreement. Causes resistance to annexation. 2) Change policy as requested by Mr. White; fees will be paid based on those in effect at the time of resolution of the suit. Mr. White doesn't want his clients to be in an unequal position regarding paying fees on new development. Landowners will continue to pay impact fees currently established until a court decision and until new legislation is passed changing those fees. Mr. White's proposal calls for a refund of any amount over that set by the new legislation. 3) Change the policy as requested by Mr. White with modifications from the City Attorney's office. City Attorney Luwe told the Commissioners their course of action would be to proceed now or delay action until Mr. White can be present. It is not necessary, however, to wait until Mr. White is present because he will have a chance to make his argument when the annexation agreement comes before the Commission. Commissioner Kirchhoff asked what the difference is between the City Attorney's language and Mr. White's. City Attorney Luwe replied Mr. White's language does not take into consideration there could be applicable defenses for the refund of impact fees. That will be complicated should the City get an adverse decision from the court. Mayor Youngman asked for clarification of the legal language, asking if this applies only if the . City prevails in its court case. Staff Attorney Cooper answered if the lawsuit is resolved in favor of the City, the impact fee policy will remain in effect as it is now. If the City receives an unfavorable resolution, but before the new legislation is enacted, impact fees will continue to be paid as they are now. Impact fees will be refunded to the extent they exceed the fees established under the new legislation. Commissioner Frost stated he is not comfortable with changing this policy. He is not convinced the revised agreement is as good or better than the original; he is comfortable with the way it was originally written. Commissioner Brown asked if the Westlakes would be penalized for applying for annexation during this time. Staff Attorney Cooper responded they would be treated the same as those who have signed annexation agreements the past year. This policy would apply to all parties requesting annexation from this day forward. Under either provision, everyone will pay the same whether it is current impact fees or fees established by the new legislation. City Attorney Luwe pointed out that when certain properties are coming into the city, they have a responsibility to the community; and that is to pay for infrastructure based on what that development is creating. The City didn't have to tie this cost to the impact fees, it could have been called anything. The fees were tied to the impact fees because that study was already done, and it appeared to be most equitable. City Attorney Luwe continued, saying the fees will be paid whether or not the court case is won or lost. The fundamental change is tying everything to the lawsuit. A developer comes in and the City loses the lawsuit, the City enacts a new ordinance and charges that developer whatever the fee is. If the court says the City . cannot enact a new ordinance, impact fees will still be collected based on the original language. If the language is changed, there will not be impact fees at all. 08~21-2000 .3. Commissioner Brown then asked if the City is guaranteed the income. City Attorney Luwe . replied the City is guaranteed the money; it is not tied to the impact fee ordinance. When the developers pay the impact fees, that money is currently frozen because it is tied to the impact fee ordinance. Should the City lose the court case, that money will not go back; the City will keep it. There will be no refunds under the current ordinance. Staff Attorney Cooper added there is no refund provision in the annexation agreements. Commissioner Brown stated his opinion there is no reason to change this policy, particularly since the applicant isn't represented; and the system currently in place seems to be working. He said he sees no reason to change the current language. Mayor Youngman reminded the Commissioners that Mr. White wrote the agreement at the Commission's invitation. This was Commission direction; and if they are not planning to make any changes, they shouldn't have given that direction to begin with. She noted WalMart has proceeded in good faith with the economic impact study, and they will not move ahead without this language change. Commissioner Frost asserted he did not agree to anything that he didn't feel was acceptable; whatever is brought forward has to be better than what currently exists. Mayor Youngman then suggested the Commission needs to talk among themselves to determine, and then suggest to Mr. White, what they feel is acceptable. City Attorney Luwe said he believes Mr. White will agree to this latest language, but not with the issue of whether or not this is a fundamental change. Staff is providing the Commission with legal advice; and the Commissioners need to decide if they agree with this fundamental change or not. Commissioner Kirchhoff restated this is a fundamental change because the monies are figured on an impact fee basis, but they are immune from lawsuit. It says the 'City gives up the status of immunity to the impact fees, thereby privileging anyone who annexes from this day forward. City Attorney Luwe verified his understanding was correct. Commissioner Kirchhoff expressed his . appreciation to the staff for bringing this forward, saying he believed the Commission could make the language reflect a level playing field, but this language doesn't seem to level the field. City Attorney Luwe suggested to the Commissioners they could always go back and amend those previous annexation agreements, applying these terms. Commissioner Kirchhoff then asked if the City has used any of the annexation monies. City Attorney Luwe replied the monies have been deposited and are being treated like impact fee funds. If the City wins the lawsuit, they will be treated like the impact fee funds. Commissioner Smiley asked if this matter should be postponed for two weeks. Mayor Youngman suggested it should be postponed to date uncertain until Mr. White can be contacted. City Attorney Luwe responded this matter should be moved to a date certain in two weeks; and if Mr. White is still unavailable, it can be continued then. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the matter of the annexation agreement for the Westlake-MartinenlWalMart annexation be continued to a date certain of September 5, 2000. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, and Mayor Youngman; those voting No, none. Ordinance No. 1524 - Dlacina self-government Dowers on ballot . Previously distributed to the Commissioners was a copy of Ordinance No. 1524, as approved by the City Attorney, entitled: 08-21-2000 - 4 - ORDINANCE NO. 1524 . AN ORDINANCE Of THE CITY COMMISSION Of THE CITY Of BOZEMAN, MONTANA, STATING THE COMMISSION'S INTENT TO PLACE THE QUESTION Of AMENDING THE fORM Of GOVERNMENT UNDER WHICH THE CITY Of BOZEMAN OPERATES fROM THE "MUNICIPAL COMMISSION - MANAGER" fORM Of GOVERNMENT, WITH GENERAL GOVERNMENT POWERS, TO THE "COMMISSION - MANAGER" fORM Of GOVERNMENT, WITH SELf~GOVERNMENT POWERS AND DEfiNING THE APPLICABLE STRUCTURAL SUBOPTIONS. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that Ordinance No. 1524, placing self-government powers on the ballot. be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, Commissioner Smiley, and Mayor Youngman; those voting No, none. Ordinance No. 1525 - vacatinQ North Ida Avenue riQht-of-way between the north riQht-of-way line of East Main Street and the south riQht-of-way line of the east/west allev to the north and the dead end east/west alley riQht-of-way extendinQ westward from the west riQht-of-way line of North Broadway Avenue between Tract 3A, Block 12, and Lot 7A, Block 31, Northern Pacific Addition Included in the Commissioners' packets was a copy of Ordinance No. 1525, as approved by the City Attorney, entitled: ORDINANCE NO. 1525 . AN ORDINANCE Of THE CITY COMMISSION Of THE CITY Of BOZEMAN, MONTANA, VACATING AND ABANDONING THE STREET RIGHT-Of-WAY FOR NORTH IDA AVENUE LYING BETWEEN THE NORTH RIGHT -OF-WAY LINE OF EAST MAIN STREET AND THE SOUTH RIGHT-Of-WAY LINE Of THE EAST/WEST ALLEY BETWEEN EAST MAIN STREET AND EAST MENDENHALL STREET AND THE DEAD END EAST/WEST ALLEY RIGHT-Of-WAY EXTENDING WESTWARD fROM THE WEST RIGHT-Of-WAY LINE Of NORTH BROADWAY AVENUE BETWEEN TRACT 3A, BLOCK 12, AND LOT 7A, BLOCK 31, NORTHERN PACIFIC ADDITION, IN THE CITY OF BOZEMAN, MONTANA. It was moved by Commissioner Brown, seconded by Commissioner Frost, that Ordinance No. 1525, vacating a portion of North Ida Avenue lying immediately north of East Main Street and the alley extending westward from North Broadway Avenue, be provisionally adopted and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, and Mayor Youngman. Those voting No, none. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1 ) Memo from the Montana League of Cities and Towns, dated August 14, forwarding information on the upcoming annual conference, scheduled for October 11 through 13 in Missoula. . (2) Copy of a letter from Gary Vodehnal, Gallatin Valley Land Trust, to Peccia and 08-21-2000 ---.-. .-...--------..- ----------- - 5 - Associates. dated August 10. forwarding comments on the transportation plan. . (3) Memo from Associate Planner Jody Olsen. dated August 14. forwarding a preliminary future trails map for the Bozeman area. (4) Letter from Jenny Martin. Bozeman Community Recycling Coalition. forwarding a revised brochure on recycling. (5) Memo from Clerk of the Commission Sullivan. dated August 16. forwarding a listing of the options for future solid waste disposal. as discussed at the August 14 meeting. (6) Memo from Clerk of the Commission Sullivan. dated August 17. forwarding draft evaluations to the Commission for comment. (7) Letter from Barbara Van't Hul. dated August 16. asking that the Commission adopt an ordinance making it illegal to talk on a cell phone while driving. (8) Copy of a letter from Planning Director Epple to Nick Zelver regarding the application to modify the Alderson Place PUD. (9) Copy of the notice that the High Country Independent Press is the official legal notice publication for Gallatin County. (10) Copy of the information on the transportation plan update distributed at the Transportation Coordinating Committee meeting. . ( 11 ) Agenda for the Cemetery Advisory Board meeting to be held at 2:00 pm on Thursday. August 24, in the Commission Room. ( 12) Agenda for the Development Review Committee meeting to be held at 10:00 am on Tuesday. August 22. at the Professional Building. (13) Agendas for the Design Review Board meetings held on August 15 and to be held at 3:30 pm on Tuesday. August 22. at the Professional Building. (14) Agenda for the County Commission meeting to be held at 9:00 am on Tuesday, August 22. at the Courthouse. City Manager Johnson forwarded these items during his FYI: 1) The current controversy brewing over the skate park is because the forms are going up in the air. which makes it look different from the original plans; thus causing confusion over what the skate park will look like when it is done. Mayor Youngman added the drawing that was published in the newspaper added to that confusion. since it did not properly depict the bermed areas. Commissioner Kirchhoff suggested a revised drawing. more correctly depicting the finished product. could be posted at the site. Mayor Youngman added there is also confusion over where the skate park is located. The neighbors thought it was going to be placed further north; however staff has checked. and it is a matter of inches from the approved location. 2) Appraisal forms are being updated in order to change to the process of linking pay increases to . performance. City Manager Johnson stated he has had senior staff people complete an initial form on his performance. noting it was an interesting lesson; and it then became clear that several items need 08-21-2000 u...______. .- --......- ..-.---- . 6 - to be reworded. He noted good ideas came from this process, and the comments will be generalized . into a valuable document. During a recent staff meeting senior staff went over the form, which gave them a good opportunity to work on all performances and helped them learn how to be better supervisors. Mr. Johnson told the Commissioners that it still hasn't been determined who will do peer evaluations. There have been suggestions to include three or four peers, and the current thought is leaning toward four. That would allow the employee to choose two peers and the supervisor to choose two. City Manager Johnson said his goal is to move forward to complete this task in a timely manner. Mayor Youngman noted the previous form was difficult to use. City Manager Johnson agreed, saying it was particularly difficult when there are multiple supervisors involved; it is possible for the process to end up in politics. He noted it will be important for supervisors to give good, constructive criticism during this process. He stated it is very important that his evaluation be used as a demonstration project because if this doesn't work at the top level, it won't work with the general employee. He characterized the current pay matrix grids as crippling. City Manager Johnson told the Commissioners that in preparation to move to this process the class specs were revised, with employees outlining what they do; and this is what they will be evaluated on. Market place comparisons will be conducted within each class to determine the salary. Commissioner Brown suggested that the third item should include the word "county" as well. He further suggested that the first item on page 4 should have "Confers with City elected officials" removed from it and put into a separate category. Mayor Youngman also suggested adding "communication with the City Commission" to both City Manager Johnson's and Clerk of the Commission Sullivan's evaluation forms. All Commissioners agreed to add this item to both evaluation forms. Clerk of the Commission Sullivan will compare these new forms to the old ones to ensure all items have been included. . It was agreed that the evaluations for the City Manager and the Clerk of the Commission will be scheduled on different days and will be added to the agenda as soon as possible. Mayor Youngman forwarded the following information during her FYI: 1) There will be another full-day retreat forthcoming for the Transportation Coordinating Committee (TCC). If the Commissioners have anything they would like to have addressed, they should forward that information to either City Manager Johnson or the Mayor, so it can be brought up during the retreat. She advised the Commissioners there will be more layers of the transportation plan forthcoming; that is why not all issues have been presented yet. City Manager Johnson added that, in terms of master planning and its relationship with the county, county participation and attendance at these meetings needs to be encouraged. Both the city and the county have to agree on full right-of-way acquisition and to this plan. This needs to be a subject of a TCC meeting and also the subject of joint city/county meetings. Commissioner Kirchhoff asked about the list of modifications, noting the top eight are projects involving widening roads and adding more lanes. He asked if these are a response to problems the city has now, forecasting what will be in the future, or a mixture of both. Mayor Youngman responded she believes it is a mixture of both. City Manager Johnson added that with this plan the city will know what amount of right-of-way will be needed at or before development rather than later so the adequate amount of right-of.way can be acquired initially. Commissioner Smiley asked if the City can suggest something be done about 15th Avenue. All Commissioners agreed to have this item brought to the TCC. 2) She has sent City Manager Johnson and Commissioner Kirchhoff a rough draft list of topics that should be included in the upcoming newsletter. After they have discussed these, they will come before the Commission for further discussion. 3) There are several work session and meeting topics that need to . be covered, including bringing the solid waste task list back onto the agenda for a vote. The public needs to be notified so they can testify regarding the priorities, which will need to be set soon. 08-21-2000 . _m ..___ ._.___..__ - ..._ n.__ ._._ ________ ._._._.__ - 7 - Commissioner Kirchhoff asked if the Commission can consider modifying its direction to staff about the . landfill recommendations. He would prefer to have staff give the Commission two or three strong options to choose from, which could be modified if necessary, but which will make it easier for the Commissioners to determine which ones they prefer. Mayor Youngman responded that to say three choices is arbitrary; instead of setting a number, staff should be directed to provide the Commission with sub-groups. Commissioner Frost agreed that, at present, there is too much information. Commissioner Kirchhoff asked City Manager Johnson if he felt comfortable that staff could take that kind of direction and provide the Commission with a smaller list of options. City Manager Johnson replied that the Damschen Study did that, but it has been poorly communicated. He suggested better defining the information already presented. 4) The discussion of changing the Commission meeting format needs to be put on the agenda soon. City Attorney Luwe indicated this would involve a change in the rules of procedure. City Manager Johnson reminded the Commission this will need to be considered at a decision-making meeting. 5) The Commission will need to conduct a work session on revising the annexation policy after the SANDAN and School District annexations are completed. 6) The Commission needs to provide direction as soon as possible on water conservation, which was listed as one of the Commission's top priorities. Assistant City Manager Brey advised the Commissioners that the report on the aquifer should be received within 30 days, and the Commission may want to combine the two discussions. 7) The Commissioners need to think about who would like to attend the annual Montana League of Cities and Towns conference in October. Also, the Commissioners should think about the upcoming National League of Cities and Towns conference to be held in Boston in December. Commissioner Kirchhoff offered the following FYI item: The Jacob's Crossing project has come before the Design Review Board for informal review. This will be a large building, probably around 40,000 square feet, which will be constructed on the east side of the Blackwood building. Construction of this building will require the demolition of the Gallatin Apartments, which provides 17 units of . affordable housing. This loss of affordable housing units is something the Commission should think about. Mayor Youngman indicated she has spoken with the developer, and he is working on some ideas to help the low-income residents of the Gallatin Apartments find other housing. She is hoping staff will develop a displacement policy and make it part of the revised code. City Manager Johnson reminded the Commissioners pictures for the city calendar will be taken one week from today, August 28th, at 2:30 pm. City Attorney Luwe stated during his FYI that he has just returned from Seattle and will need additional time to go through all the materials included in the packets. Commissioner Smiley forwarded the following FYI items: 1) She asked who would be representing the Commission at the Annual Kids Day America to be held on September 23'd. 2) She reminded the Commissioners to read the letter from Barbara Van't Hul included in their packet regarding the use of cell phones while driving; stating she, too, has been behind people using cell phones and it is disastrous. City Attorney Luwe stated he has assigned this task to Staff Attorney Day-Moore, but it is on the bottom of her pile; probably 6 months to 1 year out. 3) She referred to the letter from Planning Director Epple regarding the modification of the Alderson Place PUD by filling in the existing, on-site pond, asking what that is about. City Manager Johnson replied the pond currently in the back yard turns into a moss pit every summer, and the neighbors don't like it. They have requested a modification to the site plan to fill in the pond. . Commissioner Frost presented the following FYI items: 1) He, too, referred to Barbara Van't Hul's letter, saying he had talked to Ms. Van't Hul and told her to write a petition, gather signatures, and 08-21-2000 - -..---". .-------..----- - 8 - present it to the City Commission in order to facilitate action. City Attorney Luwe suggested . Commissioner Frost inform her staff has been directed to write an ordinance. Mr. Luwe said he will check with Staff Attorney Day-Moore to see if this item can be moved up on the priority list. 2) He would like to have the Recycling Coalition's brochure included in the water bill. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Acknowledae receiPt of staff report . annexation of 20.33-acre tract located in the NYiz, SEy.., Section 35. T1S, R5E, MPM. as shown on COS No. 331 (2501 North 19th Avenue) - Fae B. Rolfe Revocable Trust and William A. Rolfe Revocable Trust (A-ODDS) Commission Resolution No. 3386 - intent to annex 20.33-acre tract located in the NYiz. SEy.., Section 3S. T1 S. RSE. MPM. as shown on COS No. 331 (2501 North 19th Avenue); set public hearina for SePtember 18. 2000 COMMISSION RESOLUTION NO. 3386 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS . TRACT WITHIN THE CORPORATE LIMITS THEREOF. Authorize Citv Manaaer to sian - Acceptance of Temporarv 1 DO-foot Diameter Easement on tract of land in Graf's 4th Addition - Euaene Graf '" and Yvonne Graf Jarrett (temporarv cul-de-sac on Graf Street for Sundance Sprinas Subdivision) Application for Restaurant Beer and Wine (Cabaret) License - Stromboli's. 1234 West Main Street. Calendar Year 2000: continaent upon receiPt of State License Commission Resolution No. 3387 - authorize Citv Manaaer to sian Chanae Order No.6 - Oak Street..North 7th Avenue to North Rouse Avenue - JTL Group. Inc.. Belarade. Montana - add $ 774. 70 and 0 calendar davs COMMISSION RESOLUTION NO. 3387 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA. APPROVING AL TERATION/MODIFICATION OF CONTRACT WITH JTL GROUP. INC.. BELGRADE. MONTANA. Appoint David Smith to replace Gwen Peterson as the Citv's representative on the Yellowstone Countrv Board of Directors. with a term to expire on April 3D. . 2001 08-21-2000 .-......- ...-.-.... - 9 - Buildina Inspection Division reDort for Julv 2000 . Claims It was moved by Commissioner Frost, seconded by Commissioner Smiley, 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 Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, and Mayor Youngman; those voting No, none. Executive Session re Dersonnel Mayor Youngman announced her intent to close the meeting and enter into executive session, under Section 2-3-203(3), M.C.A., to discuss a personnel issue which relates to a matter of individual privacy. She stated that she has determined the demands of individual privacy clearly outweigh the merits of public disclosure. At 3:30 pm Mayor Youngman called an executive session for the purpose of discussing personnel issues and asked all of the persons except the City Manager, Assistant City Manager, City Attorney, Fire Chief, Personnel Director, and Deputy Clerk of the Commission to leave the room. At 3:47 pm Mayor Youngman closed the executive session and reopened the meeting. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the Commission find the charges established by the Fire Chief have been proven, and the Commission concurs with the Fire Chief's disciplinary action. The motion carried by the following Aye and No vote: . those voting Aye being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, and Mayor Youngman; those voting No, none. Recess - 5: 14 Dm Mayor Youngman declared a recess at 5: 14 pm, to reconvene at 7:00 pm, for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 Dm Mayor Youngman reconvened the meeting at 7:00 pm for the purpose of conducting the scheduled public hearings. Public hearinq ~ Commission Resolution No. 3373 - intent to imDlement 7-percent increase in water rates This was the time and place set for the public hearing on the City's intent to implement a 7- percent increase in water rates, as set forth in Commission Resolution No. 3373, entitled: COMMISSION RESOLUTION NO. 3373 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ORDERING A PUBLIC HEARING BE HELD ON A PROPOSED SEVEN PERCENT (7.0%) . INCREASE IN THE WATER RATE CHARGED TO CUSTOMERS OF THE MUNICIPAL WATER SYSTEM. 08~21-2000 - __. u__. _ __ .. -------.- .----- - 10 - Mayor Youngman opened the public hearing. . Director of Public Service Arkell presented an overview of the recommendation for the increase, stating 3 percent of the increase is inflationary and 4 percent is to fund capital improvement projects. Even with this increase, the water funds will still have a deficit, which will be rectified in 2002. This proposed increase will result in an average $1.68 increase per month per household. Director of Public Service Arkell stated the primary improvement projects to be completed include replacement of the Lyman Creek cover, which will put that reservoir back on line; replacement of the Sourdough lines; and construction of a pre-treatment surge basin, to conserve water and prevent short- term rationing. Commissioner Brown asked the cost of the pre-treatment surge basin. Ms. Arkell replied $2.3 million, which will be paid over the next 15 years resulting in a $240,000 per year debt service. No additional public testimony was received. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. Commissioner Brown stated he had received public comment from an individual who was concerned the commercial rates do not adjust for higher water usage during the summer, which can result in extremely high bills when the lawns are watered. Director of Public Service Arkell responded the sewer rates are adjusted to reflect those of typical winter usage, regardless of how much water is used. Commercial water rates are not adjusted because commercial usage varies so much it is impossible to determine if the additional water usage is from irrigation or not. Commercial users can ask the City to come out and inspect their property to prove water usage has increased due to irrigation, then the City will graph their water use over a 5-year period to make sure the summer usage is . consistently going up, and then adjust the rates for winter; but this is done only upon request, on a case-by-case basis. It cannot be done across the board for all commercial users. Mayor Youngman mentioned the CIP Citizens' Review Panel has reviewed both the water and sewer rates and were supportive, although reluctantly, of these rate increases. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the Commission authorize and direct staff to bring back a resolution implementing the proposed 7-percent increase in water rates. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, Commissioner Smiley, and Mayor Youngman. Those voting No, none. Public hearinq - Commission Resolution No. 3374 - intent to implement revisions to wastewater (sewer) rates charQed which result in no overall change to current rates This was the time and place set for the public hearing on the City's intent to implement revisions to the wastewater (sewer) rates, as set forth in Commission Resolution No. 3374, entitled: COMMISSION RESOLUTION NO. 3374 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ORDERING A PUBLIC HEARING BE HELD ON PROPOSED REVISIONS TO THE WASTEWATER (SEWER) RATE CHARGED TO CUSTOMERS OF THE MUNICIPAL . WASTEWATER (SEWER) SYSTEM WHICH WILL RESULT IN NO CHANGE TO THE CURRENT RATES. 08-21-2000 ------- - 11 - Director of Public Service Arkell presented the overview of this recommendation, noting fiscal . year 2000 is the first time in five years this fund has had a positive balance. This resolution will not increase rates; it will take out the sunset provision of the surcharge, which was to be retired June 30, 2001. Administrative Services Director Gamradt has recommended an inflationary increase be delayed until next year. These monies will be used to fund the match required for an Environmental Protection Agency grant the City has received. Mayor Youngman asked how many years the surcharge is projected to extend. Administrative Services Director Gamradt replied there is no specific number of years proposed. Mayor Youngman opened the public hearing. Joan Rudberg, 803 North 17 Avenue, stated the elderly still have objections to this action. The City Commission made a commitment this surcharge would sunset on July 1, 2001. She noted this is one of the reasons people distrust government; they don't keep their promises. The Commission isn't sunsetting this surcharge as promised. Ms. Rudberg urged the Commission to be thoughtful of how they make promises to the public. She suggested they truly look at other things the City is doing that are not as necessary, but that are within the budget, and use some of the money the City already has to match this grant. Ms. Rudberg further suggested it is really time for the City to put some clout together to get the Department of Environmental Quality to get off the point and decide exactly what they want so the City can decide how much money it truly needs. She urged the Commission to make it clear to the public when they are truly going to sunset this surcharge because they had promised 2001. Jim Cannata, 608 West Babcock Street, stated he doesn't doubt the need for these projects and is sure the money will be well spent; and he agrees the City has an obligation to the residents impacted by the Jewel plume. However, this action is a violation of the trust of the citizens. He continued, saying . for the Commissioners to think it is a good idea to change their mind now is poor policy and sets a bad precedent. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. Commissioner Frost asked Administrative Services Director Gamradt what the consequence to this fund would be if the Commission sunsetted the surcharge on June 30, 2001 as promised. Mr. Gamradt replied the City could elect to forego a portion of the grant-funded projects. The City could lose the entire grant or a portion of it. City Manager Johnson clarified the City would lose part of the grant; whatever the City matched would be the amount it would receive. Director of Public Service Arkell added the City has to match 45 percent of the EPA grant and has to show there is that amount of projects to be done. This grant gives the city $.55 on the dollar to get this work completed. Commissioner Frost verified the City still has the option to turn the grant down, and then asked which improvements would be lost without that grant. Director of Public Service Arkell replied the primary and secondary digesters at the wastewater treatment plant could not be replaced; and if those aren't replaced, water cannot be treated. This 30-year-old treatment plant requires close to $1 million in repairs. Commissioner Frost then inquired as to what kind of shape the City will be in if it doesn't use the $5 million grant. Ms. Arkell responded a few of the projects could be accomplished using some of the impact fee monies. City Manager Johnson stated the EPA grant was for the repair of the City's aging infrastructure. If the clarifiers at the wastewater treatment plant aren't replaced, money will be cut out of the EPA . grant. If other monies are used to complete that project, other projects are being jeopardized. Commissioner Brown added if the City takes care of the fresh water inflow problems in the sewer lines, 08-21-2000 - n______ - 12 - it will increase the capacity of the sewage plant, thereby preventing its immediate expansion.. . Commissioner Frost explained the solvent site cleanup has put the City in the hole. He did vote to sunset this surcharge, and the idea of citizens distrusting their government is troubling. The Commission did promise to sunset the surcharge, but then the City got the option of getting more money to help solve the problems there currently isn't any money to fix. Commissioner Frost stated he believes it is fiscally responsible to continue the way the City is, and trust the citizens of this community to know the Commission is making a good deal for them by accepting this $5 million grant. There are plenty of projects to spend this money on; it will not be wasted. He further stated he doesn't believe this is setting a precedent at all. He said it is interesting to read in the newspaper that the Russian infrastructure is falling apart because they haven't kept it in good repair. It is in the long-term best interest of this city to maintain the infrastructure the best way it can be; therefore, he supports this resolution. Commissioner Kirchhoff voiced his support of this resolution as well, saying the majority of people in this city would also support it if they had all the information. If there were a way to avoid an extra charge on people, the Commission would be finding it and talking about it. This is the way it has to be if the City wants the EPA grant money. Commissioner Brown also expressed support for the continuance of the surcharge. The City cannot turn down a $5 million grant which would otherwise have to be charged to the rate payers. He said he is hearing what the public is saying, and he would like to honor past commitments. Perhaps the Commission can take a look at this issue a year from now to see if the 45 percent can be lowered somewhat. . Commissioner Smiley said this is such an opportunity for the City to upgrade the infrastructure, which it has been trying to do for so long, noting people in the inner-city areas have lots of infrastructure problems that need to be corrected. Mayor Youngman suggested the Commission come up with a process for more communication with rate payers. She said she feels the people are owed a breakdown between the solvent site cleanup costs and the grant match money. There needs to be more communication with the public to explain the rationale, show them the breakdowns, what the money is going to be used for, and which neighborhoods will be helped. The Commissioners agreed to do more communication on this issue through the newsletter and other means. Mayor Youngman said she believes people will be supportive when they understand the rationale for this. It was moved by Commissioner Brown, seconded by Commissioner Frost, that the Commission authorize and direct staff to bring back a resolution implementing the proposed revisions in wastewater rates, which result in no overall change to the current rates. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, and Mayor Youngman; those voting No, none. Public hearinQ - Zone MaD Amendment - "B-3" to "R-3-A" - City of Bozeman ParkinQ Commission. Dortion of Tract 2. GUY'S Addition (108 and 110 South Bozeman Avenue) (2-0096) This was the time and place set for the public hearing on the Zone Map Amendment from "B-3", . Central Business, to "R-3-A", Residential-two-family, Medium-density, as requested by the City of Bozeman Parking Commission under Application No. Z-0096, on a portion of Tract 2, Guy's Addition. 08-21-2000 - 13 . The subject property is more commonly located at 108 and 110 South Bozeman Avenue. . Mayor Youngman opened the public hearing. Senior Planner Skelton presented the staff report. He stated this amendment is triggered as a result of the history of this property. R.3.A is the current zoning of the property to the south. The Zoning Commission has considered this application in light of the 12 criteria as set forth by statute; and based upon staff recommendation, as well as limited public testimony received, unanimously recommends approval. James Drummond's letter was included in the Commission packets, and no further public testimony has been received as of tonight. Commissioner Kirchhoff referred to Mr. Drummond's letter, asking if home.based businesses are permitted in R.3-A zoning. Senior Planner Skelton replied they are allowed in the B-3 zoning, but not in R.3.A. Mary Kate Boling, 223 East Olive, reviewed a letter her husband wrote to the newspaper entitled, "Seeking a Good Solution to Downtown Parking Problem". She acknowledged there is a parking problem downtown, and it is imperative that both present and future parking needs be planned for. However, the City owns several large parking areas on Mendenhall Street; and in her opinion, a multi-level parking structure should be erected there and housing in the city's core should be preserved to prevent further sprawl. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. . Senior Planner Skelton said staff will move forward with the 2020 master plan to update the zoning to residential if this request is approved. The uses allowed in an R.3-A area are more appropriate in this area than those allowed in B.3. Commissioner Brown asked if Mr. Skelton was saying that a parking lot would not be allowed if this property were to be rezoned. Senior Planner Skelton replied parking lots are allowed in any zoning designation. However, based upon public testimony, it has been determined these two structures are an integral element of the conservation overlay district. Mr. Skelton noted the property to the south was not rezoned to B.3, making this rezoning request to R.3.A more appropriate. Under the current zoning designation, these houses could remain and be converted to professional offices and still maintain the integrity of the neighborhood. Based on public input and the wishes of the Zoning Commission, rezoning has been determined to be in the best interest of the community. Commissioner Brown offered he has had second thoughts about this rezoning request. He sees a couple of problems: 1) the City is giving up value for the Parking Commission because these properties are more valuable as B.3 properties; 2) more importantly, the City definitely needs to keep its options open. If the City were to build a parking garage with the cooperation of First Security Bank, this would be one possible place to put that structure. Commissioner Brown said he would not like to see the City give up ownership of this property; it has already given up ownership of one house that might have enabled the parking structure to be built. Assistant City Manager Brey reminded the Commissioners that rezoning is the first step. The . second step will be to put these houses on the market for sale as residential properties. 08-21-2000 ---------- .__u . 14 . Commissioner Smiley noted the real estate market is at a high point right now, and the City is not good at taking care of its rental houses. She would be concerned if the City retained ownership of . them for the long term. Commissioner Brown reiterated he is opposed to this action because he doesn't want the City to give up the option of doing something constructive with these two lots. Commissioner Kirchhoff added he believes selling these houses is a fine coarse of action. He is looking forward to having two more family homes in the neighborhood, noting there are few areas that younger families can afford to move into. Therefore, he is in favor of this proposal. Commissioner Smiley stated her agreement as well, noting that unless this action is taken this area will be distanced from the downtown. Mayor Youngman expressed her support of this rezoning, saying the City needs to protect and encourage revitalization. There are enough parking lots and other places to build a parking garage, if necessary. She said she is comfortable with this change in zoning and the distribution of the property. Commissioner Frost asked if these houses could be torn down and new ones built. Assistant City Manager Brey replied they could and reminded the Commissioners that these properties are in the conservation overlay district and any changes would require going through the review process. Commissioner Frost indicated he will support this request, and hopefully the new owners will retain the properties as residential ones. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that upon applicant . providing an accurate legal description, direct staff to bring back an ordinance amending the Bozeman Zone Map from "B.3" to "R.3.A" as requested in Zoning Application No. Z.0096. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, and Mayor Youngman. Those voting No being Commissioner Brown. Commissioner Kirchhoff asked how the sale will be handled. Assistant City Manager Brey responded the sale will be handled through Superintendent of Facilities and Public Lands Goehrung, who has made some preliminary contacts for marketing services. Public hearina - variance from Section 18.50.060.D, Bozeman Municioal Code. allow buildina to encroach 2: to 9 feet into reauired 35-foot watercourse setback on Lot 3A, Minor Subdivision No. 162A and rooosed Lot 1 A-2 of Minor Subdivision No. 162A (Comstock Aoartments, Phase III) - Farmhouse Partners Limited Partnershio (Z.0088) This was the time and place set for the public hearing on a variance from Section 18.50.060.D. of the Bozeman Municipal Code, as requested by Farmhouse Partners Limited Partnership under Application No. Z.0088, to allow a building to encroach 2 % to 9 feet into required 35.foot watercourse setback on Lot 3A, Minor Subdivision No. 162A and proposed Lot 1 A-2 of Minor Subdivision No.1 62A. The subject project is known as the Comstock Apartments, Phase III, and the property is located at the southwest corner of the intersection of Haggerty Lane and Ellis Street. Mayor Youngman opened the public hearing. . Temporary Planner Caroline presented the staff report. She provided an overview of this project, 08.21.2000 - 15 - saying the Development Review Committee, Design Review Board, and Planning staff find the . application is in compliance with the Bozeman Zoning Ordinance and Bozeman Area Master Plan Update; and therefore recommend approval of this application. The parking areas and sidewalk have been redesigned so the encroachment is now only 1 foot into the stream setback. Dab Dabney, representing Farmhouse Partners, told the Commission the only encroachment is a small portion of the sidewalk; there is no building encroaching into the setback. The design of the project has evolved over 6 months, and they have taken great pains to minimize the effects of improvements on the area. The buildings are low, with the parking lot higher, so as not to obscure the ridge line looking west on Haggerty Lane. Mr. Dabney said they want to maintain the stream side setback in its current wild condition. The area to the south has been left wild, an 80~foot wide strip of dense brush; and their intention is to never touch it. They do not believe development to the north of that will deter the paths of birds and other wildlife. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. Commissioner Frost stated he will support this variance request because the hardship criteria is clearly visual. Mayor Youngman and Commissioner Kirchhoff both agreed the physical hardship criteria has been met. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, to approve the requested variance to allow a building to encroach 1 foot into the required 35-foot watercourse setback per Application No. Z-0088, subject to the following condition: 1. That the Ordinance for the Zone Map Amendment shall not be drafted until the . applicant provides a metes and bounds legal description and map of the area to be rezoned, which will be utilized in the preparation of the Ordinance to officially amend the zone map. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, and Mayor Youngman; those voting No, none. Public hearinQ . Maior Site Plan with Certificate of Appropriateness ~ Farmhouse Partners Limited Partnership - allow construction of 28 apartment units on Lot 3A. Minor Subdivision No. 162A and proposed Lot 1 A-2 of Minor Subdivision No. 162A (Comstock Apartments. Phase III) (Z-0088) This was the time and place set for the public hearing on a Major Site Plan with Certificate of Appropriateness, as requested by Farmhouse Limited Partnership, to allow the construction of 28 apartment units on Lot 3A, Minor Subdivision No. 1 62A and proposed Lot 1 A-2 of Minor Subdivision No. 162A. The subject project is more commonly known as the Comstock Apartments. Phase III, and is located at the southwest corner of the intersection of Haggerty Lane and Ellis Street. Mayor Youngman opened the public hearing. Temporary Planner Caroline presented the staff report. She noted ingress and egress for the two 12-plex buildings will be off of Ellis Street, and the ingress and egress for the 4-plex will be from a . private road off of Haggerty Lane. Planner Caroline stated that condition no. 7. detention area no. 3 must be redesigned to flow with the topography of the land. was requested by the Design Review 08-21-2000 -.----- - 16 - Board. The Montana Department of Transportation requested the radius of the ingress/egress off of . Haggerty Lane be expanded. Conditions 31 and 32 relate to the installation of sidewalks on both sides of Ellis Street, and the applicant is requesting installation of sidewalks on the north side of Ellis Street only. Ms. Caroline stated the applicant proposes a meandering sidewalk rather than a straight, city- standard sidewalk. The applicant doesn't feel sidewalk installation on the south side is necessary or feasible because it is a steep, sloping area. Temporary Planner Caroline noted one letter regarding this development has been received, which expresses concern over the removal of the three spruce trees and supports the installation of sidewalks on only the north side of Ellis Street. Commissioner Frost commented on the lack of boulevard trees, to which Temporary Planner Caroline replied boulevard trees will be planted according to City standards, and those trees can be conditioned to be planted 2.5 feet from the sidewalk. City Attorney Luwe asked if condition 32 already covers the meandering sidewalk. Ms. Caroline replied the Gallatin Valley Land Trust proposed the idea of the meandering sidewalks, which would be a special consideration. Commissioner Frost reminded the Commission they need to be careful to meet all ADA requirements when considering these sidewalks, particularly on the south side which is steeply sloped and could be slick. Temporary Planner Caroline assured him all specifications will be reviewed and approved by the City Engineer. Commissioner Frost then asked for clarification that condition no. 32 refers to the south side of Ellis Street as well as the north side. Ms. Caroline replied it does apply to both sides of the street. . Referring to a suggestion to switch the parking lot of building no. 2 with the building site, contained in the letter received from Mauray Miller, Commissioner Kirchhoff asked if that could be accomplished and had it ever been considered. Temporary Planner Caroline answered the main reason this cannot be accommodated is because of the existing utility easements and the significant right-of~ way off of Haggerty Lane. Any petroleum runoff will be channeled into the retention pond. Mr. Dabney explained there is a problem with installing sidewalks on the south side of Ellis Street because of the swale in the sod that carries the water that comes from the Bozeman Deaconess Hospital's property uphill. There are some significant volumes of water carried in that swale; and if they are required to build a sidewalk, that will significantly encroach into this drainage ditch and could necessitate the construction of a retaining wall to handle the water. There is a limited amount of essential shopping that people living in this neighborhood will be walking to, and he believes that having one sidewalk on one side of the street to carry pedestrians is more appropriate. This sidewalk won't serve the public interest, it will just consume more green space. Commissioner Kirchhoff noted this same request was forwarded at the Design Review Board meeting and they voted to not honor it. He asked what reason was given at that time. Mr. Dabney replied the Board was simply following the recommendations of City Engineering staff. Commissioner Kirchhoff then asked if the Design Review Board felt the retaining wall and other engineering problems were significant. Temporary Planner Caroline answered those issues were brought up, and the response from the City Engineering Department was it was their desire to follow City policy to implement . sidewalks on both sides of the street. They required a full city-standard curb and gutter sidewalk. 08-21-2000 - 17 - Mayor Youngman inquired about comments from the Miller letter regarding changing the . proposed spruce trees to deciduous trees to reduce blockage of the vistas. Mr. Dabney replied they want to stay with spruce trees between the buildings and Haggerty Lane to break up the view of the buildings. They could, however, accommodate deciduous trees on the eastern side of the eastern-most building. They also would prefer spruce trees to deaden the noise and reduce visibility of the buildings along Ellis Street. Temporary Planner Caroline clarified there is a significant slope of the land on the east, and the trees should not impact the visual appeal for the residents. Bayliss Ward, Bayliss Architects, stated he has another client who is in the process of developing the property west of this site; and he wanted to make it clear this property is in the process of being developed. Therefore, he believes there should be a waiver for the sidewalks. Mr. Dabney pointed out another issue regarding the installation of a sidewalk on the south side of Ellis Street is that there are many, many utilities that cross from Ellis Street to the south that may have to be moved; and there is a power pole that will be right in the middle of the sidewalk that will also have to be moved. These are serious costs to be considered. Mayor Youngman asked how this sidewalk would affect the utility location. Temporary Planner Caroline answered she is not an engineer, but she knows there would be additional costs incurred. Mr. Dabney replied they have not engineered the sidewalk yet; but given the steep slope of Ellis Street, they will not be able to just pour a slab on the ground. It will take some engineering to make sure the sidewalk doesn't move down the hill. There would need to be some sort of foundation to hold the sidewalk up. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. . Commissioner Frost stated his preference would be to keep the conditions as written and let the City Engineer make the decision whether or not sidewalks should be required on the south side. Commissioner Smiley pointed out that this project is the type of affordable housing the Commission is trying to encourage, so they need to help out the developer, too. Mayor Youngman suggested condition no. 32 could be reworded to say that if at some point it is determined installation would be too expensive or difficult, sidewalks would not be required on the south side of Ellis Street. Commissioner Brown said it would seem to him requiring installation is going to add huge costs to this project. Commissioner Frost pointed out the Engineering Department said sidewalks could be installed on the south side, and it is important to have them on both sides of the street if at all possible. Mayor Youngman said she doesn't disagree the Commission needs to hold to its sidewalk policy, but she thinks maximum flexibility should be included in the decision making. Perhaps this would be an acceptable tradeoff for an affordable housing project, and it is an effort to try to be responsive to the challenges of the site. It was moved by Commissioner Kirchhoff I seconded by Commissioner Brown, to approve Zoning Application No. Z-0088 to allow construction of 28 apartment units on Lot 3A, Minor Subdivision No. 1 62A and proposed Lot 1 A-2 of Minor Subdivision No. 1 62A, subject to the following conditions: 1. 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 . per Section 18.50.035 (A). Luminaries and lenses shall not protrude below the edge of the light fixture. 08-21-2000 .. --....---.---.-----------.,..--.---.-----.- - 18 - 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. Light standards and fixtures shall be compatible with the site design and architecture. Lighting details and specifications must be shown on the final site plan and be reviewed and approved by the Planning Office. 2. Per Section 18.50.035 (D), trash enclosures shall be constructed so that contents are not visible from a height oHive (5) feet above grade from any abutting street or property. Details and specifications must be shown on the final site plan. In addition, the applicant must install, at a minimum, two large canopy trees in the area near the trash enclosure for Building 1 to screen it from the raised parking area slightly to the north. 3. Bicycle parking facilities shall be required per Section 18.50.035 (R) and in compliance with standards recommended by the Bozeman Bicycle Advisory Board. Each unit must be provided with its own bike rack. Location and details must be shown on the final site plan. 4. Applicant must be in compliance with Section 18.50.060 (D) which states that no newly constructed structure, parking lot or similar improvements shall be located closer than 35 feet to the mean high water mark of a watercourse unless a variance is requested and granted. Applicant is requesting a variance from this condition. . 5. Per Section 18.50.110, applicant shall provide the required parking spaces, 18 spaces for each of the two 12-unit buildings and 6 required spaces for the 4-unit building. The parking lots for Buildings 1 and 2 must each provide one disabled parking space which shall be van accessible. All disabled spaces shall conform with Section 18.50.110. Applicant must install a pedestrian pathway between Buildings 1 and 2 which will be provided by the sidewalk along the north side of Ellis Street. 6. The final site plan shall contain a note addressing the joint easement for access, parking, utilities, and stormwater drainage facilities for Lot 1 A-2 and 1 A-1 involving Building 3. 7. Detention area 3 must be redesigned/reshaped to conform to the natural topography and contour of the land. 8. Mailbox location must be shown on the final site plan and meet all USPS standards. 9. Landscaping must comply with the mandatory landscaping requirements of Section 18.49.060 and 18.49.070 unless a deviation is requested and granted. The number of landscaping points for this project is 23. . The existing landscaping plan fulfills the 23 point minimum for areas within the R-O zoning. In addition, the applicant shall provide additional 08~21-2000 - 19 - landscaping near the parking lot entrances to screen them from the . adjacent streets and boulevard trees along Ellis Street at one tree per 50 linear feet of street frontage. The additional landscaping shall be noted on the final landscape plans. 10. Final landscape plans shall be prepared and certified by a registered Montana landscape architect, an individual with a degree in landscape design and 2 years of professional design experience, or an individual with a degree in a related field and at least 5 years of professional design experience. All plans shall depict existing and proposed landscaping. 11. Permanent irrigation systems shall be provided to all landscaped areas per Section 18.49.060 (I). Irrigation systems shall be indicated on the final site plan. 12. Section 18.50.080 establishes that if mature trees exist within the street vision triangle, these may be permitted provided that the mature trees do not significantly affect safe driving conditions and are maintained such that no canopy foliage exists below a height of ten feet above centerline of intersecting streets. 13. Due to the extent of construction activity that will be encountered on the site, the applicant will be required to protect to the best ability, native . vegetation on-site. If disturbance of natural vegetation occurs, the applicant is required to restore or replace native grasses/vegetation damaged in and around the open space surrounding Placer Creek. 14. Applicant will be required to call for locates prior to staking and excavation to verify the exact location of the existing water and sanitary sewer mains. 15. A 10.foot separation between the proposed sanitary sewer and the domestic water services must be maintained. 16. The location of all existing and proposed water and sanitary sewer mains and service lines must be shown on the site, paving, and landscaping plans. 17. Plans must show domestic water service to all proposed buildings. 18. The location of the water service inside the three proposed buildings must be shown on the plans and approved by the Water Department. 19. The City of Bozeman Water/Sewer Department will install the water and sanitary sewer services to property line/edge of easement following . application and fees being paid at the Building Department. All associated costs shall be borne by the owner. 08-21-2000 -. ------- - 20 - . 20. The water services must have backflow protection installed which complies with the City of Bozeman standards. 21. The three story structure, Building 1, must be sprinklered per Universal Building Code 904.2.9. 22. The final improvement drawings shall be adequately dimensioned. 23. Applicant shall provide and file with the County Clerk and Recorder's Office executed Waivers of Right to Protest Creation of SID/RID's for the following: Street improvements to Haggerty Lane including paving, curb and gutter, sidewalk and storm drainage facilities. The document filed shall specify that in the event an SID/RID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. 24. A storm water drainage and maintenance plan for a system designed to . remove solids, silts, oils, grease, and other pollutants from the storm~ water runoff must be provided to and approved by the City Engineer. The plan must demonstrate that adequate site drainage will be achieved by use of flow arrows, spot elevations, and retention basin details including basin sizing calculations, pond cross sections, and location of curb cuts. A storm water maintenance plan shall be provided to and approved by the City Engineer. Any existing storm water improvements on the site shall be shown on the final site plan. 25. Plans and specifications for the water and sewer main extensions, prepared by a professional engineer licensed in the State of Montana, shall be provided to and approved by the City Engineer. Water and sewer mains plans shall also be approved by the Montana Department of Environmental Quality (DEQ). 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, specifications and shop drawings have been approved by the City and a pre.construction conference has been conducted. . No building permits will be issued prior to City acceptance of the water 08-21-2000 ---.- . --- ..- , - 21 - and sewer infrastructure improvements. . 26. Existing water and sewer mains shall be clearly identified as existing. All fire hydrants within 500 feet shall be clearly depicted. 27. Sewer and water services shall be approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. Where services cross under retention ponds. adequate cover shall be maintained. 28. Plans and specifications for any proposed fire service lines must be prepared in accordance with the City's Fire Service Line Policy by a professional engineer 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. 29. The casting and lid on existing manhole SSMH-24 in paved drainage area 3 must be made leak proof. 30. An easement shall be provided for the proposed hydrant adjacent to paved drainage area 2. 31. Ellis Street shall be constructed to the west property line as a city . standard street with curb. gutter and sidewalk on both sides. Plans and specifications for Ellis Street including any necessary storm drainage infrastructure improvements. prepared by a professional engineer registered in the state of Montana. shall be provided to and approved by City Engineer. 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 until the plans and specifications have been approved by the City Engineer and a pre-construction conference for that work has been conducted. 32. City standard sidewalks shall be installed and properly depicted at the standard location (i.e. 1 foot off property line) along Ellis Street frontage concurrent with the construction of the street. Should existing topography and/or physical constraints make it impractical to construct sidewalk in the standard location. the City may accept curb walk. 4-foot sidewalk. or other acceptable alignment as a substitute. Any deviation to the standard alignment. size. or location must be approved by the City Engineer. 33. The configuration of the off-street parking shall be adequately dimensioned and shall comply with the requirements of Section 18.50.120 of the Bozeman Zoning Ordinance unless a deviation or variance is granted by the governing body. This includes stall dimensions. . drive aisle widths. lot surfacing. and curbing. 08-21-2000 - 22 - 34. 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. An access permit must be obtained from the Montana Department of Transportation for the approach off of Ellis Street prior to final site plan approval. 35. 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. 36. An encroachment permit shall be obtained for the ingress/egress onto Haggerty Lane from the County Road and Bridge Department. A copy of the encroachment permit must be filed with the final site plan submittal. 37. The driveway approach from Haggerty Lane into the Building 1 parking lot must have a 40 foot radius approach. 38. Applicant shall work with the Gallatin Valley Land Trust to secure trails and trail easements within and surrounding the proposed project. Applicant shall file with the County Clerk and Recorder's Office an exhibit depicting these trail easements. A copy of this exhibit and receipt must be included with the final site plan submittal. . The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, Commissioner Smiley, and Mayor Youngman; those voting No, none. Break. 8:55 Dm The Mayor declared a break from 8:55 pm until 9:02 pm in compliance with Commission policy. Public hearin!1 - Maior Site Plan with Certificate of ADDroDriateness - ARCI COrDoration . allow addition of 34 rooms and 6,000:t -sauare-foot conference room on motel located on Lots 1 and 3, Minor Subdivision No. 97, with deviations from Sections 18.30.060 and 18.50.110.F.2. to allow DroDosed buildinQ addition to exceed the 38-foot maximum hei!1ht by 1 %feet and allow 130 Darkina SDaces, which is 11 SDaces less than reauired (Comfort Inn, 1370 North 7th Avenue) (Z-0089) This was the time and place set for the public hearing on a Major Site Plan with Certificate of Appropriateness, as requested by ARCI Corporation under Application No. Z-0089, to allow the addition of 34 rooms and a 6,000:t -square-foot conference room on the motel located on Lots 1 and 3, Minor Subdivision No. 97, with deviations from Sections 18.30.060 and 18.50.110.F.2. of the Bozeman Municipal Code to allow the proposed building addition to exceed the 38-foot maximum height by 1 %feet and to allow 130 parking spaces, which is 11 spaces less than required. The subject property houses the Comfort Inn, at 1370 North 7th Avenue. . Mayor Youngman opened the public hearing. 08-21-2000 -- ,.-----.-- --- - 23 . Temporary Planner Morris presented the staff report and reviewed the conditions as listed. . Concerns have been expressed regarding the planting of evergreen trees on Oak Street. Commissioner Frost noted the trees will shade and ice the parking lot; therefore, they are not a good tree to have on the street. Mayor Youngman questioned the parking calculation, asking about parking for the conference center. Temporary Planner Morris stated the parking requirement will balance out, and Mr. Cook will address that issue in more detail during his presentation. Gene Cook, developer and owner, distributed sheets listing the daily parking spaces available from July 1 5 through August 20, when the motel was full. He stated they have spoken with both WalMart and K-Mart regarding use of their excess parking spaces; and both have agreed, although neither would put that in writing. Mr. Cook said he feels confident there will be adequate parking for what is proposed. Commissioner Smiley stated she thinks this remodel will help improve the appearance of the Comfort Inn and noted Bozeman desperately needs the conference area. Lowell Springer, Springer Architects, stated he would like to let the Commission know he flies into Bozeman at night several times a month; and, from the air, there is no comparison to the quality and offensiveness of light that comes from the globes the City currently requires. The lights that are acceptable from the standpoint of the City are terribly offensive. They reflect off cars, sidewalks, and streets. He closed by saying a more subtle quality of globe is far superior to other lights. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. . It was moved by Commissioner Brown, seconded by Commissioner Frost, that Zoning Application No. Z-0089, to allow the addition of 34 rooms and a 6,000..I, square-foot conference room on a motel located on Lots 1 and 3, Minor Subdivision No. 97, with deviations from Sections 18.30.060 and 18.50.11 0.F.2. to allow the proposed building addition to exceed the 38~foot maximum height by 1 % feet and allow 130 parking spaces be approved, subject to the following conditions: 1. Pursuant to Section 18.50.030.0. of the Bozeman zone code, connection to City water service shall be required prior to issuance of any building permit, unless a deviation or variance is granted by the governing body. 2. 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. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. 3. Existing and proposed storm water drainage facilities shall be clearly identified. 4. Drainage easements for off-site storm drain(s) shall be provided. . 5. The location of the water and sanitary sewer services shall be shown on the site, 08~21-2000 ----- - 24 - landscape, and paving plans. . 6. A water meter and back-flow protection device must be installed on the domestic water service. The location and type of back-flow device must comply with the City of Bozeman standard and be approved by the Water Department. 7. The exposed, rooftop mechanical equipment located on the southwest corner of the building be screened from view in a manner which will be reviewed and approved by Administrative Design Review staff prior to final site plan approval. 8. Two of the interior, stacked rows of parking shall be separated with 8-feet wide landscape islands that contain the mandatory landscape groupings. 9. The storage shed currently on the site shall be removed or relocated subject to review and approval by the Planning Department prior to final site plan approval. 10. The applicant must submit a final site plan within 6 months of preliminary approval, as well as a written narrative indicating how all conditions of approval have been met. Per Section 18.62.090, an Improvements Agreement must be signed by the applicant/owner prior to final site plan approval. A building permit will not be issued until the final site plan is approved. If occupancy of the buildings is to occur prior to completion of all required improvements, the Improvements Agreement must be financially guaranteed. 11 . Per Section 18.50.11 0.B.14, snow storage removal areas shall be placed in such . a manner as to avoid damage to landscaping. 12. Per Section 18.50.035.A, lighting standards used to illuminate off-street parking areas shall not exceed 20 feet in height. 13. One of the disabled accessible spaces must be signed "Van Accessible" and be 16-feet wide per Section 18.50.11 0.F.3. 14. All utility substations, wells, storage facilities. or other utilities shall be screened from view by a wall. fence, hedge or landscape screen per Section 18.50.070.E.1. 15. Landscaping must comply with the mandatory landscaping requirements of Section 18.50.100.0.5, unless a deviation is approved, and show overall design excellence with consideration of the minimum points standards established under Section 18.50.1 00.D.6. The final landscape plan must also: a. show how permanent irrigation of the artificial lot will occur per Section 18.49.060.1 and accurately depict existing and any proposed water and sewer service lines; b. be in compliance with Section 18.49.030. which requires at least . 75 percent coverage of an area with natural grass, vegetative groundcover or other natural living plant materials, the remainder 08-21-2000 - -. ._._._....._.__._._- ...n. ..._. ..____.___.. .__.. _ . - 25 - of which can b e covered with nonvegetative, decorative . landscape design elements; c. provide adequate street frontage landscaping within the right-of- way along Oak Street as provided in Section 18.49.060.E.1; and d. be prepared and certified by a registered Montana landscape architect, an individual with a degree in landscape design and 2 years of professional design experience, or an individual with a degree in a related field and at least 5 years of professional design experience per Section 18.49.040.C.3, "Preparation of Landscape Plan". The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown; Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, and Mayor Youngman; those voting No, none. Public hearina - Maior Site Plan with Certificate of Appropriateness - Sprinaer Group Architects for Microtel - allow construction of a GO-unit hotel/motel on Lot 2A. McChesnev Industrial Park (G12 Nikles Drive) (2-0058) This was the time and place set for the public hearing on the Major Site Plan with Certificate of Appropriateness. as requested by Springer Group Architects for Microtel under Application No. Z-0058, to allow the construction of a GO-unit hotel/motel on Lot 2A, McChesney Industrial Park. The subject property is more commonly known as 612 Nikles Drive. . Mayor Youngman opened the public hearing. Associate Planner Sherman presented,the staff report. He noted this plan has been redesigned, and the applicant has made several modifications. The Development Review Committee and the Design Review Board have reviewed this application against the established criteria and both recommend approval with the conditions as outlined in the staff report. No excessive or additional improvements will be needed on North 7th Avenue at this time. New redesign features include mixing of materials by adding stone veneer, the large front window has been eliminated, and street trees are also new to the plan. A landscaping plan, developed by a landscape architect, will be submitted and will be in compliance with condition no. 4. Commissioner Kirchhoff noted this plan is an improvement over the last one, particularly as viewed from Nikles Drive. Lowell Springer, Springer Group, P.C., said they have made good progress on this design due to Design Review Board suggestions. They wanted to see the use of natural materials so all transitional areas will be stone, which makes a nice base. Mr. Springer said Microtel has a corporate image they want maintained so they had to be convinced to accept this configuration, which is away from their standard box design. Mr. Springer said he believes this design could become their flagship. They have now met all suggestions and conditions made by the Design Review Board. Morrison-Maerle conducted a traffic study and found all traffic impacts will be mitigated once the signal at North 7th Avenue and . Griffin Drive is in place, which could be by the end of October. 08-21-2000 - 2(3 ~ Since there were no Commissioner objections, Mayor Youngman closed the public hearing. . It was moved by Commissioner Frost, seconded by Commissioner Smiley, that Zoning Application No. Z-0058 to allow the construction of a 60-unit hotel/motel on Lot 2A, McChesney Industrial Park be approved, subject to the following conditions: 1. Final site plan approval for this project will not be issued until the Amended Subdivision Plat of Lots 1 and 2A is filed with the Gallatin County Clerk and Recorder's Office. 2. Prior to final site plan approval the applicant shall provide to the Planning Department written documentation of the review and approval of this project by the Montana Department of Transportation. 3. The applicant shall delineate on plan the alignment of the access drive of the development located across from Nikles Drive. The alignment of the access/ egress drive into this site shall be reviewed and approved by the Planning Department and the Director of Public Service. 4. The plan shall conform to Section 18.49.040 General Landscaping Provisions, specifically Section 18.49.040, C. Preparation of Landscape Plan, Section 18.49.060 Mandatory Landscaping Provisions, 18.49.040 e Minimum of 20 SF of landscape area for each off-street parking space, Section 18.49.060 H. Protection of parking lot treatment shall be installed to protect landscaping areas adjacent to parking lots and landscaping areas within parking lots must be . protected from vehicular traffic through the use of continuous curbs, and Section 18.49.060 I Irrigation Standards. 5. In addition to the requirements listed in Condition 4, the applicant shall continue the landscaping plan as established in the Evergreen Business Park PUD within the 1-90 setback. This plan shall be submitted to the Planning Department for review and approval prior to final site plan approval 6. The applicant shall delineate on plan compliance with Section 18.50 120 (B) 8. Parking Requirements Striping, that all parking stalls shall be marked with painted lines not less that 4-inches wide, and Section 18.50.120 (B) 9, Lighting, that any lighting used to illuminate an off-street parking area shall be so arranged to reflect light down and away from adjoining property, public right of way and shall be shielded. Section 18.50.120 B 11., parking lot curbing, that all open off-street parking areas and driveways shall have a 6- inch perimeter concrete curb around the entire parking area, including drive access ways and Section 18.50.120 B Snow Removal Storage, and delineate on plan areas of snow storage. 7. The applicant shall conform to Section 18.50.120 B (17) Stormwater Drainage, that stormwater drainage from the parking lots shall be directed into landscaped detention/retention facilities and water quality improvements facilities as required by the City Engineering Department. . 8. The applicant shall delineate on plan compliance with Section 18.50.100 F,3 08-21-2000 - 27 - Disabled Accessible Parking Spaces. that states that one in every eight accessible . spaces shall have an aisle 8-feet wide and shall be signed "Van Accessible" 9. The applicant shall comply with Section 18.50.035. R Bicycle Racks. which states that all development subject to minor and major site plan review shall provide adequate bicycle parking facilities to accommodate bicycle riding residents and/or employees and customers. 10. The applicant shall provide to the Planning Department a color palette of the proposed structure for review and approval prior to final site plan approval. 11. The applicant shall confirm that the height of the structure does not exceed the requirements as outlined in Section 18.30.60. 12. Parking shall be in compliance with Section 18.50.110 F.1. Number of Required Spaces. 13. The applicant shall enter into an Improvements Agreement with the City of Bozeman to guarantee the installation of the required improvements. Said Improvements Agreement shall include a detailed cost estimate for the improvements. If occupancy of the structure is to occur prior to installation of the required improvements. the Improvements Agreement shall 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 not less than 12 months; however. all secured site . improvements shall be completed by the applicant within 9 months of occupancy to avoid default on the method of security. 14. The final improvements drawings shall be adequately dimensioned. A legend of all symbols and line types used shall be provided. 15. A Stormwater Drainage/Treatment Plan for a system designed to remove solids. silt. oils. grease and other pollutants must be approved by the City Engineer. The plan must demonstrate the following: a. Adequate site drainage. including existing and proposed contours. flow directional arrows. and sufficient spot elevations along drainage courses. b. Adequate drainage to acceptable discharge device. i.e.. street gutter. drainage swale. storm drain inlet. etc. c. Stormwater detention/retention basin details. including basin sizing and discharge structure details and pond typical sections. d. Detention/retention facility slope stabilization. including re- . vegetating slopes. 08-21-2000 - 28 - The stormwater drainage/treatment plan shall include a maintenance plan which . must be provided to and approved by the City Engineer. The plan shall include a description of maintenance operations, frequency of inspections and maintenance, responsible parties and record-keeping methodology. 16. The location of, and distinction between, existing and proposed sewer and water service mains and easements shall be clearly depicted, as well as nearby fire hydrants and proposed fire hydrants. 17. Sewer and water services shall be provided by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. 18. 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 registered in the State of Montana and be provided to and approved by the City Engineer prior to initiation of construction of fire service line or protection system. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. 19. A traffic impact/intersection improvements analysis for the intersections of Nikles Drive and Griffin Drive and North 7th Avenue, prepared by a professional engineer registered in the State of Montana shall be submitted to and approved by the Montana Department of Transportation (MDT). All improvements identified as necessary shall be installed and accepted by MDT and the City of Bozeman prior to issuance of a building permit. . 20. 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. 21. All existing utility and other easements must be shown on the final site plan. 22. 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. 23. To provide adequate water (domestic and fire) service and sanitary sewer service a pavement cut in Nikles Drive will be required. 24. The installation of the water and sanitary sewer services from the mains to the property line will be completed by the City of Bozeman with all associated cost borne by the developer. 25. Applications must be filed and fees paid for both the fire and domestic water and sanitary sewer services at the Building Department. . 26. The installation of the water and sanitary sewer services from the property line 08-21-2000 ~ 29 p to the building will be the developer's responsibility and must be installed per City . of Bozeman standards. The installation will be inspected by the city. 27. The water and sanitary sewer services must be shown on the landscape, paving and final site plans. 28. The location of the meter and back.flow protection must be shown on the plans, comply with the City of Bozeman's modifications to the Montana Public Works Standard, and be approved by the City of Bozeman Water Department. 29. If a fire service line is required, a plan and profile must be designed by a licensed engineer and submitted for review and approval by the City of Bozeman. 30. The applicant shall submit to the Planning Department detailed drawings of any proposed building and/or parking lot lighting fixtures for review and approval. Fixtures must incorporate cut off shields to direct light downward. 31. The applicant shall submit to the Planning Department for review and approval a color scheme for the entire structure. 32. The final site plan shall comply with Section 18.490.060 Landscaping requirements and comply with the requirement of 10 percent internal parking lot landsca ping. If additional or new materials are required, in reference to landscape screening, . the applicant shall submit a revised landscape plan to the Planning Department for review. The plan shall also be prepared by person with the qualifications as outlined in Section 18.49.040,C.3. 33. The applicant shall address the ,protection of existing landscape in the retention areas. 34. Any exposed foundation area shall be covered with river rock to match that of the proposed facade river rock. This condition is intended to provide a continuous band of river rock skirting the building, transitional areas are included. 35. The applicant shall rotate the parking spaces and island on the southeastern parking lot area to incorporate a landscaped island. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley. Commissioner Kirchhoff, Commissioner Brown, and Mayor Youngman; those voting No, none. . Public hearina - Maior Site Plan with Certificate of Appropriateness - Bavliss Architects for Bob Wards SportinQ Goods - allow construction of 37 ,OOO-SQuare-foot retail store on Lot 9, Gallatin Center PUD, 08-21-2000 u - 30 - Phase II (west side of Max Avenue. south of its intersection with Burke Street) (Z-0077) . This was the time and place set for the public hearing on the Major Site Plan with Certificate of Appropriateness, as requested by Bayliss Architects for Bob Wards Sporting Goods under Application No. Z-0077. to allow the construction of a 37,OOO-square-foot retail store on Lot 9, Gallatin Center PUD, Phase II. The subject property is more commonly located along the west side of Max Avenue, south of its intersection with Burke Street. Mayor Youngman opened the public hearing. Associate Planner Sherman presented the staff report, saying this will be an extension of the Target store in Gallatin Center; Phase 2, Lots 9 and 1 O. This application has been reviewed against the established criteria by both the Development Review Committee and the Design Review Board. The Development Review Committee conditionally approved the project, with the Design Review Board initially continuing it until the outcome of their review. The Design Review Board has now approved this project, and their three conditions have been included. They are now pleased with the elevation, facade, and materials used. Based on the changes made, staff is recommending approval subject to the conditions detailed in the staff report. Mr. Sherman noted the Montana Department of Fish, Wildlife and Parks needs to review this project regarding turbidity of the creek in the back. Commissioner Frost asked how the stream in back of the building will be accessed. Associate Planner Sherman replied pedestrians will have to walk around the buildings. Commissioner Frost then suggested putting distance between some of the buildings so the stream could be accessed from the west side. Mr. Sherman replied that is something to think about as future phases of the Center come in. . Since there were no Commissioner objections, Mayor Youngman closed the public hearing. Commissioner Kirchhoff stated he is not going to support this application, saying if the Gallatin Center were built on a human and livable scale, with relationship to the rest of the town; if it provided mixed uses; if North 19th Avenue weren't already unsafe; if this were a more genuine neighborhood-type of project; he might be able to. However, given its context and where it is located, he cannot support it. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that Zoning Application No. Z.0077 to allow construction of a 37,OOO-square-foot retail store on Lot 9, Gallatin Center, Phase II be approved, subject to the following conditions: 1. Final site plan approval for this project will not be granted until the final plat for Phase 2, Lot 9 of the Gallatin Center PUD is filed with the Gallatin County Clerk and Recorder's Office and all of the required conditions of the Gallatin Center, Phase 2, are met. 2. The applicant shall provide written documentation of the review and approval of this project by the Gallatin Center Construction Committee; this includes compliance with the Gallatin Center Site Development and General Guidelines, Landscape Plan and Lighting Guidelines. . 3. The applicant shall provide to the Planning Department written documentation of 08-21-2000 - 31 - the review and approval of this project by the Montana Department of Natural . Resources regarding any 310 or 404 permits required to complete the proposed stream located to the rear of the structure. 4. The applicant shall verify the location and match the design of the access drive to Lot 9 with that of Lot 10. 5. The applicant shall delineate on plan compliance with Section 18.50.120 B.8. Parking Requirements Striping, that all parking stalls shall be marked with painted lines not less than 4-inches wide. 6. The plan shall conform to Section 18.49.040 General Landscaping Provisions, specifically Section 18.49.040, C. Preparation of Landscape Plan, Section 18.49.060 Mandatory Landscaping Provisions, 18.49.040 e Minimum of 20 SF of landscape, area for each' off-street parking space, Section 18.49.060 H. Protection of parking lot treatment shall be installed to protect landscaping areas adjacent to parking lots, and landscaping areas within parking lots must be protected from vehicular traffic through the use of continuous curbs and Section 18.49.060 I Irrigation Standards. 7. The applicant shall delineate on plan compliance with Section 18.50.120 (B) 9. Lighting, that any lighting used to illuminate an off-street parking area shall be arranged as to reflect light down and away from adjoining property and public right of way. . 8. Where appropriate the plans shall be in compliance with Section 18.50.120 B.11 parking lot curbing, which states that all open off-street parking areas and driveways shall have a 6-inch perimeter concrete curb around the entire parking area, including driving access ways. 9. The applicant shall comply with Section 18.50.035 Bicycle Racks and delineate on plan the location and design of bicycle parking facilities to accommodate bicycle riding residents and/or employees. 10. The applicant shall delineate on plan compliance with Section 18.50.100 F,3 Disabled Accessible Parking Spaces, that states that one in every eight accessible spaces shall have an aisle 8 feet wide and shall be signed "Van Accessible"and Section 18.50.110 B. 1 e. that the area for compact spaces be signed "Compacts Only". 11. The applicant shall comply with Section 18.50.035 D Trash and Garbage Enclosures and delineate on plan the location and design of a permanent enclosure for temporary storage of garbage, refuse and other waste. 12. The applicant shall enter into an Improvements Agreement with the City of Bozeman to guarantee the installation of the required Improvements. Said Improvements Agreement shall include a detailed cost estimate for the . improvements. If occupancy of the structure is to occur prior to installation of the required improvements, the Improvements Agreement shall be secured by a 08-21-2000 u__.'''____._ ___ .. -- - 32 - 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 not less than 1 2 months; however, all secured site improvements shall be completed by the applicant within 9 months of occupancy to avoid default on the method of security. 13. The final improvements drawings shall be adequately dimensioned. A legend of all symbols and line types used shall be provided. 14. No building permits will be issued prior to City acceptance of the public infrastructure improvements. 15. 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 registered in the State of Montana and be provided to and approved by the City Engineer prior to initiation of construction of fire service line or protection system. The applicant shall also provide professional engineering services for construction inspection, post construction certification, and preparation of mylar record drawings. 16. 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. 17. 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. 18. 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. 19. The Montana Fish, Wildlife & Parks, SCS, Montana Department of Environmental Health 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. 20. Ditch relocation a. The Montana Fish, Wildlife and Parks shall be contacted by the applicant regarding any proposed ditch/stream relocation and any permits (i.e. 310, 404, Turbidity Exemption, etc.) shall be obtained prior to final site plan approval. b. The applicant shall obtain written permission from the ditch owner for any proposed relocation. . 21. If construction activities related to the project result in disturbance of more than 08-21-2000 ------ ~ 33 ~ five acres of natural ground. an erosion/sediment control plan may be required. . The Montana Department of Environmental Quality. Water Quality Bureau. shall be contacted by the applicant to determine if a Stormwater Discharge Permit is necessary. If required by the WQS. an erosion/sediment control plan shall be prepared for the disturbed areas of five acres or less if the point of discharge is less than 100 feet from state waters. 22. The 8~inch water main must be extended to the south lot line. 23. The City Water Department test and tap the 4~inch fire line at the tapping saddle connection. The cost will be borne by the owner at $150.00 estimate. 24. The location of the 1 ~inch domestic and 4~inch fire service lines must be shown on the plans and approved by the Water Department. 25. The domestic and fire services lines must have backflow protection devices installed which are consistent with the City of Bozeman standards. 26. The Water/Sewer Department will coordinate with the owner/contractor installing the sanitary sewer service to excavate the 10-inch main in Max Avenue for the 4-inch tap. This main is approximately 10 feet deep. 27. The Water/Sewer Department defers to the Building Department for requirements of clean outs on the approximately 600-foot service. . 28. The applicant shall provide for at least 10 percent of the parking lot area in landscaping materials as outlined in the Bozeman Area Code. Materials shall be compatible and integrated with those as proposed in the Gallatin Center Landscape Plan and with those of Lot 10. 29. The applicant shall submit to the Planning Department detailed drawings of any proposed building and parking lot lighting fixtures for review and approval. Fixtures must incorporate cut off shields to direct light downward. 30. The applicant shall submit to the Planning Department for review and approval a color palette for the structure. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley. Commissioner Brown. Commissioner Frost. and Mayor Youngman; those voting No being Commissioner Kirchhoff. Public hearina . Conditional Use Permit. Gaston Enaineerina and Survevina for Billion Familv Limited Partnership ~ modification of existina Billion Automotive Plaza Planned Unit Development to allow construction of a telecommunications tower on lot 2. J.C. Billion Automotive Plaza Subdivision (1 Automotive Plaza) (Z.OO78) This was the time and place set for the public hearing on a Conditional Use Permit. as requested . by Gaston Engineering and Surveying for Billion Family Limited Partnership under Application No. Z- 0078. for modification of the existing Billion Automotive Plaza Planned Unit Development to allow 08~21 ~2000 ---- --- * 34 - construction of a telecommunications tower on Lot 2, J.C. Billion Automotive Plaza Subdivision. The . subject property is more commonly located at 1 Automotive Plaza. Mayor Youngman opened the public hearing. Associate Planner Saunders presented the staff report, saying this is an interesting application with numerous pieces wrapped into a single package. Approval of this application will allow the construction of a telecommunications tower, which is an allowable use. Mr. Saunders said staff recommends approval with four conditions, two of which are boilerplates. Both the Development Review Committee and the Design Review Board have reviewed this application against the seven criteria and found it meets all seven requirements. Therefore, both the Development Review Committee and the Design Review Board recommend approval with the conditions outlined in the staff report. Associate Planner Saunders continued, noting this request is for a single structure and tower. The tower can accommodate at least three providers, and there will be additional space inside the shelter to house additional equipment. The additional landscaping, consisting of trees and low-growing shrubs, should provide adequate screening. The entire facility will be screened by the Billion Automotive Plaza; however, the tower cannot be screened. Commissioner Frost asked about landscaping on the south side and lights on the building. Associate Planner Saunders replied there are no lights shown on the plans, and the landscaping has not yet been determined. Commissioner Brown asked if there are any provisions that other carriers can be added to the tower. Mr. Saunders answered the applicants are willing to consider additional carriers. City Attorney Luwe asked about the design of the tower. Associate Planner Saunders responded . it will be a single, self-supporting pole. Anything done to disguise it will only make it more conspicuous. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, to approve the modification of the existing Billion Automotive Plaza Planned Unit Development, JC Billion Automotive Plaza Subdivision, subject to the following conditions: 1. That 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. 2. That 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. 3. A list of allowable uses within the Billion Auto Plaza PUD shall be provided and filed with the Clerk and Recorder's Office to amend the previously approved . guidelines which specified uses within the PUD. The amended list shall only add to the allowable uses telecommunication facilities. A copy shall be provided to 08-21-2000 -....- ---. -------. --. ------- .....--- - 35 - the Planning Office for review and approval prior to filing of the document. . 4. As required by Section 5.2.7 of the PUD developmental guidelines, a planting strip 10 feet in width shall be provided along the southern property line. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, Commissioner Smiley, and Mayor Youngman. Those voting No, none. It was moved by Commissioner Brown, seconded by Commissioner Frost, to approve Zoning Application No. Z~0078 to allow the erection of a telecommunications tower on Lot 2, JC Billion Automotive Plaza Subdivision. The motion carried by the following Aye and No Vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, and Mayor Youngman; those voting No, none. Adjournment - 9: 48 Dm There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Smiley, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, and Mayor Youngman; those voting No, none. . tJ; ~-;::;) (J ~ MARCIA B. YOUNG N, ayor ATTEST: ~sii.J~ Clerk of the Commission PREPARED BY: ~~a -JJ1. f\ol<p-~ KAREN L. DeLA THOWER Deputy Clerk of the Commission . 08-21-2000