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HomeMy WebLinkAbout2000-05-01 Minutes, City Commission .-..-.. ..--...- - ..--- - --..---- MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA May 1, 2000 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, May 1, 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 - August 16. SeDtember 7. 1999. Januarv 18. Januarv 24. Januarv 31. Februarv 7. Februarv 14. March 6. ADril 17. and Amil 24. 2000 It was moved by Commissioner Brown, seconded by Commissioner Frost, that the minutes of the meetings of March 6, April 17 and April 24, 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. . Mayor Youngman deferred action on the minutes of the meetings of August 16 and September 7, 1999 and January 18, January 24, January 31, February 7, and February 14, 2000 to a later date. Preliminarv Dlat - Amended Plat of JC Billion Auto Plaza PUD - allow relocation of 1.149 acres of ODen space on Lot 1 to be combined with existing ODen SDace to the north (northwest corner of intersection of US Hiahwav 191 and Cottonwood Road) (P-0013) This was the time and place set for review of the preliminary plat for the Amended Plat of J.C. Billion Auto Plaza Planned Unit Development, as requested by Joe and Susan Billion under Application No. P-0013, to allow the relocation of 1.1459 acres of open space on lot 1 to be combined with existing open space to the north. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that consideration of this item be tabled to the 7:00 pm session. 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. 1515 - changina the street name from "Arianna Wav" to "Stadium Drive" and from "Stadium Drive" to "Arianna Wav" within the Stadium Center Subdivision Included in the Commissioners' packets was a copy of Ordinance No. 1515, as approved by the City Attorney, entitled: ORDINANCE NO. 1515 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONTANA, CHANGING THE STREET NAME FROM "ARIANNA WAY" TO 05-01-2000 __.___n __.__..._ .__ _ _ ~__ ____ - 2 - "STADIUM DRIVE" AND FROM "STADIUM DRIVE" TO "ARIANNA WAY" WITHIN THE STADIUM CENTER SUBDIVISION IN THE CITY OF BOZEMAN, MONTANA. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that Ordinance No. 1515, providing for changing the street names on portions of "Arianna Way" and "Stadium Drive", 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 Smiley, Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, . and Mayor Youngman; those voting No, none. Staff reDort - Doug Smith and Christ the King Lutheran Church - annexation of 29.271 acres described as Lot 1. Minor Subdivision No. 253 and a Dortion of the W%. W%. SE%. and the E%. SW%.. Section 3, T2S. R5E. MPM (northeast corner of intersection of Durston Road and Flanders Mill Road) (A-0001) Included in the Commissioners' packets was a copy of the staff report on the requested annexation of 29.271 acres at the northeast corner of the intersection of Durston Road and Flanders Mill Road. Assistant Planner Therese Berger presented the staff report. She noted Christ the King Church owns 8.9 acres and Doug Smith owns the remaining 20.3 acres. She indicated the Commission will also be considering applications for a master plan amendment and a zone map amendment in conjunction with this annexation. The Development Review Committee reviewed this application and found the following issues need to be addressed prior to annexation: 1. The Annexation Agreement, which addresses all conditions placed on the . annexation application by the City Commission, shall be returned to the City of Bozeman Planning and Community Development Department within one year of a City Commission decision to annex the property, or annexation approval shall be null and void. 2. The applicant shall submit an annexation map with a legal description of the property with the Annexation Agreement. The map must be supplied on a mylar (18-inch by 24-inch) for City records and on either letter or legal size paper for recording with the Annexation Agreement by the Gallatin County Clerk and Recorder. The maps must be acceptable to the Director of Public Service. 3. The property owner(s) shall provide usable water rights, or cash-in-lieu thereof, in an amount to be determined by the Director of Public Service, prior to final subdivision approval or final site plan approval for any development, whichever occurs first. 4. Upon annexation and upon availability of service as defined by city code, all existing dwellings shall connect to city water and sewer services. 5. At the time existing or new structures apply for connection to the City's . water and sewer facilities, the landowners shall pay all applicable water and sewer impact fees that are due. The landowners and their successors shall pay all fire, street, water and sewer impact fees required by Chapter 3.24, Bozeman Municipal Code, or as amended at the time of application for any permit listed therein. 6. The Annexation Agreement should include notice that, prior to development, the developer(s) will be responsible for installing any facilities required to provide full municipal services to the property in accordance with the City's infrastructure master plans and all City policies 05-01-2000 .__n___. .. -- - -- -..- - --...--- - 3 - and guidelines that may be in effect at the time of development. 7. A payback district and/or SID has been proposed for the streets, water mains and sewer mains installed as part of the Valley West Annexation which may impact this property. The Annexation Agreement shall inform the landowners that payback and/or SID areas exist or may be created. Furthermore, development may not be advised until improvements to Durston Road are completed. . 8. The owners shall record with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of SIDs for the following: a) A City-wide Parks Maintenance District; and b) Street improvements including paving, curb/gutter, sidewalk, storm drainage, and any associated traffic signals for Durston Road, Oak Street, Flanders Mill Road, and Ferguson Avenue. 9. The owners shall grant and provide public street and utility easements for the adjacent collector and arterial streets as follows: a) A 45-foot easement (the north Y:z of the full 90-foot width) for Durston Road, from the east boundary of the property to Flanders Mill Road. b) A 30-foot easement (the east % of the full SO-foot width) for Flanders Mill Road, from Durston to Oak. . c) A SO-foot easement (the south Y2 of the full 120-foot width) for Oak Street, from the projected east boundary to Flanders Mill Road. d) A 100-foot easement (the full width) for Ferguson Road, from Durston to Oak. 10. Prior to annexation, an easement acceptable to the City shall be provided for the 18-inch and 21-inch Valley West Annexation sewer line that crosses through and adjacent to the property, including the property covered under the original annexation application. Commissioner Kirchhoff asked a question about issue number 7 in the staff report. He stated he was not sure what that means. Assistant Planner Berger replied based on traffic studies, the Director of Public Service has asked for this to be included because there is an unacceptable level of service. Commissioner Kirchhoff noted traffic studies would only be required for major subdivisions, not minor ones. Ms. Berger stated we would probably require one even for a minor subdivision in this instance. Commissioner Frost also questioned the sentence pertaining to improvements to Durston Road found in issue number 7 of the staff report, "Does this mean improvement adjacent to . their property, which is in the county?" Assistant Planner Berger replied there is no Special Improvement District (SID) now, and it could take a long time for the county to do anything. Commissioner Frost added his concern is that we get Durston Road completed on the south side. He does not approve extending Durston Road if we cannot get the road in to the size we need. Commissioner Brown questioned the 100-foot easement from Durston Road to Oak Street required in issue number 9d. He asked if Oak Street is the north edge of the property. Ms. Berger answered it is beyond the property. Commissioner Brown then asked if this would only be binding to the edge of the property. He noted he has a big concern with allowing this 05-01-2000 . --.-..--..--- ...-----.----------. - 4 - without the easements. City Manager Johnson asked if those easements weren't already granted for Valley West annexation. Assistant Planner Berger stated they hadn't been finalized when we first reviewed this in March; they may have been now. There have been some minor changes since this application was presented that we did not incorporate into this document. City Manager Johnson stated he was the one who pulled this item from the consent . agenda because he wants to talk about why the whole property isn't being annexed; it is contiguous. Is this piecemeal, because it is contiguous? Applicant Doug Smith replied, "Yes, this is piecemeal." It is a long project that he is working on. He will probably be working on this project for two to three years, then will go right on down Oak Street. The sewer line can only service a little bit more of the property. He is developing this in phases because that is all he can afford, plus the City's language on impact fees is also holding development back. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the Commission acknowledge receipt of the staff report. 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. Commission Resolution No. 3359 - intent to annex Lot 1. Minor Subdivision No. 253 and a Dortion of the W %. W %. SE Yo. and the E Y2. SWYo.. Section 3. T2S. R5E. MPM (northeast corner of intersection of Durston Road and Flanders Mill Road); settina hearing date for June 5. 2000 COMMISSION RESOLUTION NO. 3359 . 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. City Manager Johnson asked when the payback would be triggered; when they first connect to the sewer/water lines, or would it be a partial payback? He further stated Doug (Smith) makes a good point that only part of this property can be served by the sewer line. When this first piece connects to the sewer line, is that what triggers that? Assistant Planner Berger stated she would imagine you could consider only the property zoned for in-fill for the payback. How much of the development would go to the north is a plausible question. It might very well be served by Oak Street rather than Durston Road. City Manager Johnson noted that sewer line is very shallow, and Mr. Smith doesn't have much property to the north. Mayor Youngman added she appreciated City Manager Johnson pulling this from the . consent agenda so these questions could be raised. Staff needs to work on these questions with the applicant. Normally we want to avoid piecemeal annexation if we can, but this sounds different because it does have this sewer line distinction. Commissioner Smiley stated we have to allow people who have small developments to grow with the city, too. Commissioner Frost said he would still like to hear from staff what we have planned for Durston Road and Oak Street as far as who is doing what, when. 05-01-2000 -...--..----- . ... .. --..-.- - --- ---- ~ 5 ~ City Manager Johnson noted Commissioner Kirchhoff had done some preliminary investigation work regarding Durston Road. Commissioner Kirchhoff stated Planning Director Epple told him they had done traffic counts over three years ago. Commissioner Kirchhoff added he hasn't yet looked at what the different developers have agreed on. He has only requested reports on Durston Road and Babcock Street. It was moved by Commissioner Brown, seconded by Commissioner Frost, that Commission Resolution No. 3359, stating the City's intent to annex 29.271 acres at the . northeast corner of the intersection of Durston Road and Flanders Mill Road and setting the public hearing for June 5, be approved. 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. Pledaed Securities as of March 31. 2000 In compliance with the provisions of Sections 7-6-201 to 7-6-212, Montana Code Annotated, Commissioner Frost and Commissioner Smiley have examined the receipts of Depository Bonds and Pledged Securities held by the Director of Finance as security for City funds deposited in Bozeman banks. Commissioner Frost reported that the inventory of Depository Bonds and Pledged Securities was found to be in order. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Commission approve the Pledged Securities as of March 31, 2000, listed as follows: DEPOSITORY BONDS AND SECURITIES MARCH 31. 2000 . RATE MATURITY RECEIPT NO. TOTAL AMOUNT AMERICAN BANK - Bozeman Repurchase Agreement Account Trusteed with American Bank, N.A.: Federal Home Loan Mortgage Co. 6.45 09/07/2001 3133M9RD6 900.000.00 Sub-Total $ 900,000.00 All Other Accounts Federal Deposit Insurance Corporation $ 100,000.00 Trusteed with American Bank, N.A.: Federal Home Loan Bank 5.33 02/04/2002 276006321 250,000.00 . 5.33 02/04/2002 276006322 250,000.00 5.33 02/04/2002 276006323 250,000.00 5.67 07/21/2000 276006324 500,000.00 5.33 02/04/2002 276006325 250.000.00 Sub~Total $ 1,500,000.00 TOT AL - American Bank - Bozeman $ 2,500.000.00 05-01-2000 ..........---- ---.....------- _._ n_.__ .- ---.------.-...--- ---.-- --- ".- - 6 - This is to certify that we, the Commission of the City of Bozeman, in compliance with the provisions of Section 7-6-207, M.C.A., have this day certified the receipts of the American Bank, N.A., for the Depository Bonds held by the Director of Finance as security, for the deposit for the City of Bozeman funds as of March 31, 2000, by the banks of Bozeman and approve and accept the same. . MARCIA B. YOUNGMAN, Mayor JARVIS H. BROWN, Commissioner JOE N. FROST, Commissioner STEVEN R. KIRCHHOFF, Commissioner SANDRA L. SMilEY, Commissioner 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. Discussion - FYI Items . City Manager Johnson presented to the Commission the following "For Your Information" items. (1 ) Notice of Special Meeting to be held at noon on Tuesday, May 2, to interview a potential consultant for an economic impact analysis. (2) Copy of a letter from the Montana Department of Transportation, dated April 20, seeking public comment on the updated highway map. (3) Copy of a news article on deregulation, as submitted by Commissioner Brown. (4) Copy of the public notice on compost collection. (5) Copy of a letter from the Gallatin County Treatment Court, dated April 26, forwarding the second quarter progress report and six-month evaluation report. (6) Minutes from the 9-1-1 Administrative Board meeting held on March 24. (7) Agenda for the County Commission meeting to be held at 9:00 am on Tuesday, May 2, at the Courthouse. . (8) Agenda for the Development Review Committee meeting to be held at 10:00 am on Tuesday, May 2, in the Commission Room. (9) Agendas for the Zoning Commission meeting to be held at 7:00 pm and the City Planning Board meeting to be held at 7:20 pm on Tuesday, May 2, in the Commission Room. David Smith, Executive Director of the Bozeman Area Chamber of Commerce, updated the Commission on happenings involving the Chamber. He announced they have hired Renea Cassidy as the new Convention and Visitors Bureau Director; she has been the Director for the Whitehall Chamber of Commerce. He told the Commissioners he will come back later to 05-01-2000 .----.-..--..--- ___ .___._._n._ .__ -- --- -- --- - - - ...- - - ------ -- ------ - 7 - introduce her and share the bed tax and Main Street Star information with them. Mr. Smith stated our lobbyist will be at the State Legislature next week for the special session to watch what is going on. Our position is to hold onto the money rather than to rush out there and return the money to the taxpayers right away or implement a tax cut. Commissioner Frost added when John Vincent was Mayor he said when he was the Speaker, they spent the excess money and that put the state back financially quite badly, so there has been a precedence for that to happen. . Mr. Smith noted they have already shifted $9 million from one year to another, so before they rush into spending it or returning it, that would be the prudent thing to do. There are other issues upcoming in January we also want to look at. City Manager Johnson added there is pressure to refund that money because it is a few weeks until the primary. (10) City Manager Johnson submitted his weekly report as follows: (1) He has made a couple of emergency trips to Helena regarding the Montana Power Company deal; otherwise, he has been grinding hard on the budget. $600,000 needed to be cut out of the budget; he has made sweeping cuts from the requests submitted. He characterized this as a hard budget to balance this year. Next week the Commission will have the recommendations report from the Capital Improvement Program Citizens' Advisory Panel. That is the last element we need to plug in, then the budget will be complete. (2) He offered two pieces of good news. He has tentatively settled with the Bozeman Firefighters Association and the Bozeman Police Protective Association. They were good sessions, and this was a productive year with both organizations. He stated he is impressed with their leadership. (3) The 9-1-1 Administrative Board has directed the Director to stop answering Police and Sheriff business lines between the hours of 7 am and 5 pm. The problem is, we don't have anyone to answer the phone, so we have to hire someone to do that. That is part of what the Joint Dispatch Center is supposed to do. We have to hire someone to answer the phone, so we need to reduce the allocation to the Joint Dispatch Center in order to fund this position. Instead of looking at a . $400,000 contribution, we are looking at a $380,000 contribution. Commissioner Brown asked how this affects the county's contribution. Mr. Johnson replied if the City drops our contribution $20,000, the County will probably drop theirs $25,000. Commissioner Brown requested clarification that this change will be Monday through Friday only. City Manager Johnson answered, "Yes, they will continue to answer on weekends and nights." Commissioner Frost stated, "So, what is happening is they have three people in 9-1-1, answering 9-1-1 calls." How many do they average per day? City Manager Johnson answered somewhere between 10 and 25 calls in a 24-hour period. Commissioner Frost asked if they could find out an accurate number. City Manager Johnson replied they are still working on compiling the figures. Mayor Youngman wanted to know who does the clerical work for the Police Department. Mr. Johnson stated currently they have a half-time clerk, but they are hoping to have a full-time one soon. This person will also help with manning the window, which would free up the records people. City Attorney Luwe added the clerical person transcribes for the Police Department. Right now it is tough for the Attorney's office to get transcripts from them in a timely manner because they are dealing with misdemeanors, not felonies. . Commissioner Brown submitted his FYI as follows: (1) He went to the morning session of the meeting regarding deregulations. Some evidence indicates utility deregulation is a big swindle. Commissioner Smiley noted: (1) The Gallatin County Trails Open House is tomorrow in Belgrade; and next week in Bozeman at the Courthouse, either on Tuesday or Wednesday. Commissioner Frost submitted the following FYI items: (1) He expressed concern, once again, about the Salvation Army using the sidewalk again. (2) He asked if staff has found out anything about the American Bank sidewalk. (3) He noted the Historic Preservation Board has 05-01-2000 ---,,- --.. ---.-.- ..--.....-. ..--. --.-..---.... -------... .---- - 8 - asked for more money. They could use up to $500 to cover their costs for speakers and other expenses for Historic Preservation Days. They will submit to the Commission what they spend it for and will give us a brief presentation. Mayor Youngman stated we do have $500 available in the budget. Would you like the Historic Preservation Board to make a presentation and award the $500, or do you want to touch base with the other boards to see if they would need some of that money? Commissioner Smiley stated her preference to just have the Historic Preservation Board make . a presentation and award it. Commissioner Kirchhoff stated he doesn't believe the other boards need it. Commissioner Brown added he isn't aware of any needs. Mayor Youngman asked the Commissioners, if they stumble upon a board with monetary needs, to let the others know. City Manager Johnson requested this item be put on Monday's agenda with all the other budget items. Mayor Youngman noted it needs to be a special meeting so they can vote on it. She asked if someone from the Historic Preservation Board could be there. Commissioner Frost indicated he believes so. Mayor Youngman presented the following FYI items: (1) She has been shadowed by students all week. (2) The Transportation Coordinating Committee (TCC) meetings continue to be fascinating as we continue to put together the transportation plan. She has been getting feedback there is concern the city trail network isn't being factored into this plan. Commissioner Smiley stated those concerns have been passed on to the Committee. Assistant City Manager Brey added he has spoken to the Committee, more so about bicycle issues; but there are a number of people who feel we shouldn't lose track of these issues in this process. Commissioner Frost noted he was at the meeting last Monday night, and it was stated the City and County Commissions are being kept up to date on everything they are doing. He noted he has not heard anything from Peccia and Associates, and all he has is the material . distributed two weeks ago. Mayor Youngman asked if the Commissioners would like a report after the TCC meetings. Both Commissioners Smiley and Frost answered, "Yes." Commissioner Frost indicated he is more interested in the maps. Commissioner Brown stated it is his understanding those maps are available on Peccia and Associates' web site. Commissioner Smiley stated we should have copies of everything they hand out. When they came to speak to the Downtown Bozeman Improvement District Board, they handed out materials after most of us had left; and she has asked, but she hasn't gotten copies of them yet. Assistant Planner Caroline said she will get those for the Commissioners. Commissioner Frost noted Galavan wasn't invited to the city-wide services transportation meeting. Mayor Youngman replied that doesn't match what Galavan has told us before. Commissioner Frost indicated he talked to them on Tuesday, and that is what they said. Mayor Youngman replied she knows Peccia and Associates is factoring in Galavan as part of the transportation plan, along with the taxis and the Montana State University transit bus, which offers the potential of giving us a good equipment and capital base we wouldn't otherwise have. Plus, if we can get ourselves into the federal hopper, we can get a 50 percent match. She continued, saying Peccia and Associates predicts, using a 3.5 percent growth rate, in 20 years there will be 110,000 people living here. They conducted a commuting survey on 19th Avenue and found 90 percent of the cars are single occupancy. They have a variety . of ideas on how to encourage ride sharing or shuttling as part of the mass transit plan. Commissioner Smiley again requested copies of all the written material that is handed out. Mayor Youngman stated she will distribute the written materials, and the verbal discussions usually go along with that. Commissioner Smiley noted that with the County Commission's decision to deny approval of subdivisions that are away frqm the City, it is going to put a strain on growth within the City. 05-01-2000 --. -----...----...----.- - 9 - Mayor Youngman, referring to the Montana Power Company sale, stated she has heard from constituents who would like to be supportive if that would be helpful to us. That issue needs to be dealt with really fast. City Manager Johnson replied he will be better able to advise the Commission tomorrow. The Public Service Commission (PSC) will slow the process down. They will guarantee that whomever gets those assets will continue to provide the service. Commissioner Brown added PSC's involvement could result in rebates to taxpayers. Mayor Youngman asked if the Commissioners are planning to give comments to Helene . (Greninger) regarding the rough, rough draft of the board brochure. She stated she is giving her introductory and welcoming ideas to Helene. Commissioner Smiley added it looks good so far. Returning to the Montana Power Company discussion, Commissioner Kirchhoff asked if there needs to be a special legislative session dealing with deregulation and a public utility. City Manager Johnson replied the question is, is PSC going to have a hand in the sale? They are close to getting the required number of votes to have it brought to the floor. Commissioner Brown asked for clarification that they are talking about the distribution systems and not the generation systems. City Manager Johnson replied the generation sites have been sold, which has some communities concerned because those sites are in their communities and the economics of the community are dependent on those sites. Commissioner Kirchhoff inquired about the real assets, such as coal and natural gas. Mr. Johnson answered those are being spun off separately; they can be bought individually. They are already set up to be sold separately. Commissioner Kirchhoff inquired if a municipality wanted to operate their utilities as a public utility, could they be separated out? City Manager Johnson responded it has to be broader based than that; you would have to take the whole distribution system. You can't just . leave stranded users. There could be changes in ownership over the long haul, it just depends on how you want to structure the company at the other end. It has to be sold as the whole system. Distribution is lines and poles; transmission is the substations; they are a package. City Attorney Luwe submitted the following FYI: (1) Staff Attorney Day-Moore is out of the office for two weeks. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Authorize City Manaqer to sian - Public Street and Utilitv Easement - Delanev and Company. Inc.. and WBW. LLC - easements across Tract A. COS No. 1872 (45 feet for West Babcock Street and 50 feet for Ferguson Avenue) Authorize City Manaaer to sign - Public Street and Utilitv Easement - Delanev and Company. Inc.. and WBW. LLC - 50-foot-wide easement across Tract A. COS No. 1872 for Resort Drive Authorize City Manager to sian - Modifications to Agreement between Gallatin County and the City of Bozeman for Disaster and Emergencv Services . Coordinator and Hazardous Materials Acknowledge receipt of application for annexation - BonTon. Inc. - 1.37 acres described as a portion of the abandoned Chicago. Milwaukee. St. Paul and Pacific Railroad riaht-of-wav (between Fiaains Addition and Allison Subdivision): refer to staff Acknowledae receiPt of application for annexation - Bozeman School District No. 7 - 21.730 acres described as Lot 4A. Minor Subdivision No. 221 A ( 1.000 feet south of intersection of North 27th Avenue and East Vallev Center 05-01-2000 - 10 - Drive); refer to staff ADProve reauest from David C. Jarrett for $31.148.20 in imDact fee credits for construction of trunk water line extension in Graf Street west of South Third Avenue Authorize City Manaaer to sign - Annexation Aareement between City and Michael W. Delanev and Ileana Indreland. Delanev & Co.. Inc.. and WBW . LLC - Tracts A and B. COS No. 1872. and Tract 2. COS No. 1846 (137+ acres alona west side of Ferguson Avenue between US Highwav 191 and West Babcock Street) Commission Resolution No. 3360 - annexina 137:f: acres described as Tracts A and B. COS No. 1872. and Tract 2. COS No. 1846 (alona west side of Ferguson Avenue between US Highwav 191 and West Babcock Street) COMMISSION RESOLUTION NO. 3360 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF CERTAIN CONTIGUOUS TRACTS OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTS. Proclamation - "Municical Clerks Week" - Acril 30 through Mav 6. 2000 Award bid for garbage packer for Park DeDartment - Ameri-Tech Eauicment ComDanv. Evansville. Wyomina - in the bid amount of $14.370.00 . Award bid for construction of sidewalks along Lanaohr Park and Christie Fields - Concrete Scecialties of Montana. Inc.. Bozeman. Montana - in the bid amount of $58,801.68 (CTEP Proiect 1299[9]) Authorize Mayor to sign - Traffic Safety Contract #00-03-09-02( 157D) with Traffic Safety Bureau (to fund public education and enforcement on use of safety restraints) Authorize Mayor to sian - Traffic Safety Contract #410-00-04-08-07 with Traffic Safety Bureau (to fund Durchase of five radar units) Authorize City Manager to sian - Cost Share Agreement between City and Homelands DevelODment. Inc.. and CaDe France. Inc. - for desian and installation of imcrovements at intersection of Durston Road and North 19th Avenue Authorize City Manaaer to sign - Professional Services Aareement with Neil Consultants, Inc.. of Montana - to develoc a biosolids marketina croaram for the Wastewater Treatment Plant Exemction from subdivision review - relocation of common boundary lines within . an Amended Plat of Tracts 2. 3 and 4. Van Horn Subdivision (to create lots for two existing houses and one remainder lot) (E-0004) Building Insoection Division recort for March 2000 Claims It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, 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 05-01-2000 .---..-.-- ---.-. .-...--- -.- - - - --. -. - 11 - vote: those voting Aye being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, and Mayor Youngman; those voting No, none. Executive session re litigation Mayor Youngman announced her intent to close the meeting and enter into executive session, under Section 2-3-203(4), M.C.A., for the purpose of discussing litigation, noting that . if the issue were discussed in open meeting, it would have a detrimental effect on the litigating position of the City. At 3:55 pm, Mayor Youngman called an executive session for the purpose of discussing litigation strategy and asked all of the persons except the City Manager, City Attorney and Deputy Clerk of the Commission to leave the room. At 4:20 pm, Mayor Youngman closed the executive session and reconvened the open meeting. Recess - 4:21 pm Mayor Youngman declared a recess at 4:21 pm, to reconvene at 7:00 pm, for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 pm Mayor Youngman reconvened the meeting at 7:00 pm, for the purpose of conducting the scheduled public hearings. . Public hearina - Commission Resolution No. 3358 - intent to establish 2000 Sidewalk Program This was the time and place set for the public hearing on the City's intent to establish the 2000 Sidewalk Program under Commission Resolution No. 3358, entitled: COMMISSION RESOLUTION NO. 3358 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING THE CITY COMMISSION'S INTENT TO ESTABLISH A 2000 SIDEWALK PROGRAM AND TO ORDER THAT SIDEWALKS BE INSTALLED IN CERTAIN AREAS OF BOZEMAN, AS PROVIDED FOR IN SECTIONS 7-14-4109 AND 7-14-4110, MONTANA CODE ANNOTATED. Mayor Youngman opened the public hearing. City Engineer Brawner presented the Year 2000 Sidewalk Program and the proposed sidewalk projects. He reminded the Commissioners they need to only approve the first year of this program. City staff and the Commissioners have agreed there is a need for sidewalks on both sides of the street in Bozeman. Staff compiles a priority list each year based on sidewalk rating and ranking criteria and presents it to the public and the Commission. The four . areas of ranking considered include safety, the need for sidewalks, constructability of the sidewalk, and fairness for placing sidewalks in that area. These are developed areas where there were no sidewalks installed at the time of development. Now developers are required to put in sidewalks as development occurs. So now the City is playing catch up. This is painful for the community and the public in general. However, sidewalks make the neighborhood a community, rather than a grouping of houses. Engineering Assistant Kerr distributed handouts to the audience, consisting of a general map and a priority list. When we developed the list for this year, our rationale was to select street segments without sidewalks and development aggregation. We tried to keep the higher 05-01-2000 - ---.--- --- ---..-..---.... - 12 - ranking ones first on the list, and some lower ranking ones were brought up on the list because it made more sense to have neighboring areas done all together. Mr. Kerr presented the list of proposed sidewalk installations for this year as follows: Koch Street, 15th Avenue to 19th Avenue and 19th Avenue to 23rd Avenue. Sidewalks are installed on almost all lots; there are still a few vacant lots and only a few properties remain without sidewalks and will be affected. . Lincoln Road, Willow Way to South 19th Avenue. We are recommending sidewalks be installed on the north side only at this time. Portions of the south side are not currently in city limits, so we cannot order them in at this time. Montana State University is the only landowner affected. Kagy Boulevard, Greek Way to South 11th Avenue. Sidewalk currently exists on the north side. This will complete sidewalk installation on both sides of Kagy Boulevard from Highland Boulevard to South 11th Avenue. Montana State University is the only landowner affected. Cypress Avenue, Curtiss Street, East Babcock Street and East Olive Street/McAdow Avenue. Currently some areas have sidewalks, others do not. The City will have to bear a fair amount of this project expense to install along Lindley Park and a portion of cemetery land adjoining Cypress. East Main Street, Cypress Avenue to Highland Boulevard. Sidewalks are currently installed on the north side; this would be for those on the south side. This will require approval of the Montana Department of Transportation. Dickerson Street, South 22nd Avenue, 19th Avenue to Koch. A few scattered parcels . are not currently in. Wheat Drive, North 7th Avenue to Mandeville Lane. In the first meeting we decided to also include Mandeville Lane in this proposed order; the south side of Mandeville Lane only from North 7th Avenue to Wheat Drive. South 15th Avenue, Koch Street to Dickerson Street. Sidewalks currently exist on the east side, but not on the west. South 20th Avenue, College to Koch. Most of these sidewalks are not in; however, the main issue is fairly mature trees which might entail relocating the sidewalks slightly. East Olive Street and McAdow Avenue. This is a narrow right-of-way, which could necessitate curbwalks. Some sidewalks are already in, so we would need to continue with the present alignment due to right-of-way limitations. Total project cost is $265,000; the City's share is $45,000. Commissioner Frost noted last year sidewalks were installed in the University subdivision, but not in the parks. It was supposed to be contracted out for this year, but it is not shown here. He said he assumes these walks will be installed as well. Engineering . Assistant Kerr replied the contract was awarded today, and they will proceed with installation this year. Susan Swimley, 207 McAdow Avenue, stated this street is exactly one block long; this is a small neighborhood located by Lindley Park Center. Mr. Brawner said sidewalks create neighborhoods, but we already have a neighborhood. She continued by saying, "We are asking you to consider us a unique neighborhood; we are not going to grow and we are not going to connect to anything unless you sell Lindley Park." This neighborhood was fully developed by 1959 or 1960, which is why sidewalks were not installed originally. There is a 50 foot easement on McAdow Avenue and East Olive Street which will create problems 05-01-2000 . _no_..____.. -...--... - 13 - because sidewalks will need to be installed right next to the curb. The snowplow will push the snow onto the sidewalks, and we will end up shoveling the same snow back and forth. Ms. Swimley stated we are also unique because we are very small, and we use our streets. We walk to the park. People who use our neighborhood are those who come to Sweet Pea or the Lindley Park Center. Otherwise, we are the people who will use the sidewalk. We keep our small children out of the street, so sidewalks will not be beneficial to us. . She noted sidewalk installation will have a huge economic detriment to the property owners, including the cost of installation and upkeep/maintenance. She also noted when she originally had concerns and questions, she called the Engineering office; and Mr. Kerr answered all her questions immediately. Ms. Swimley questioned the existing light poles, fire hydrants, and mail boxes; will the sidewalks need to be constructed to go around them? She noted the mail boxes are currently located on the easement, and she wondered if they will be required to put in rural-type mail boxes. She stated she appreciates the Commission's support of the sidewalk program, but this neighborhood doesn't need sidewalks and they don't want them. Ms. Swimley suggested the neighborhood would be open to consideration of installing sidewalks on one side of the street only, as an alternative to no sidewalks at all. She said the neighbors have gotten together and had some discussion regarding which side of the street walks might be installed on; and they have agreed that regardless of where the walks are installed, "neighbors on both sides of the street will be happy to help pay the installation costs". She stated she will not make a suggestion as to which side of the street should have sidewalks installed, but she does ask the Commission to first consider not requiring them to be put in at all; and if that isn't possible, then only require them on one side of the street. e Paul Burns, 1031 East Olive, stated he is not in favor of sidewalks in this neighborhood either. He characterized this as a pocket neighborhood, unique to Bozeman. He said we don't think sidewalks are necessary because we are our own community; we don't get much traffic; we walk on the grass or in the street; and there is no through traffic on McAdow Avenue or Olive Street. He noted he was in this room ten years ago when the Commission discussed the Lindley Park plan, and it was decided then to not put sidewalks on Cypress Avenue. This new sidewalk program would be contrary to that plan. He also reminded the Commissioners the City has put a trail in between Curtiss Street and the cemetery hedge. To install a sidewalk there would be redundant and unnecessary. Dr. Lester Jennings, 216 McAdow Avenue for 37 years, said he has never heard any complaints from anyone asking for a sidewalk. There is very little foot traffic in this neighborhood. Dr. Jennings added, "The Mormon missionaries prefer to walk in the road; they don't want a sidewalk, and they are about the only foot traffic we have." He suggested the City needs to put a sidewalk in at Lindley Park and also put a sidewalk in on the south side of Curtiss Street and pave the Lindley Park parking lot so it's not dragging mud and gravel onto their nice street. Harold Ricard, 217 McAdow Avenue, stated it is 186 feet from his lot line around the corner to the next lot. He doesn't think he needs a sidewalk nor does anyone else in that area. He stated he has counted seven people that have come up that street that he didn't know e since he started counting, which was when this program was first advertised in the newspaper. There are a lot of people on this street only during Sweet Pea. Mr. Ricard said he believes where the City needs a sidewalk is around the east end of Lindley Park, clear over to the Lindley Center. He also noted they had their street reblacktopped this summer, and they have mud halfway down the street after a good, heavy rain. He restated he is opposed to a sidewalk in that area. Pershing Vance, 216 Cypress Avenue, stated there are a few things that bother him about this project. There is a power pole right in the middle of where the sidewalk will go. Also, there is a 40-year-old pine, which will have to go if the sidewalk goes in; there is no way 05-01-2000 ------ .----.. .---- ......-.----.-------...-- - 14 - to save that tree. He also stated he would have to put in retaining walls or evacuate his lawn. He noted he has four sprinkling systems that would have to be thrown away. He said he has been watching the traffic go by and on Curtiss Street 99 percent of the people walking go into the park. He acknowledged they do get runners on the street, but very few people walk it. Judy Blackmore, 1004 East Babcock Street, stated she concurs no more sidewalks are needed in their area. The west side of Cypress Avenue's grade is irregular, and the distance from the Blue Sky Motel to the street will cause the snowplows to push snow back up on the . sidewalks. To install sidewalks on the residential side will uproot trees and shrubs. If there must be a sidewalk at all, then she suggests putting it on the west side of Cypress. Chuck Knighton, 210 McAdow Avenue, restated this is a close neighborhood, and they are in complete agreement on this particular situation. If they do have to have sidewalks, he would like to see if they could get some commitment from staff to sit down with the neighborhood and see what the best situation would be. Engineering Assistant Kerr agreed that sidewalk installation would be a challenge on some of these streets. He acknowledged the east side of Cypress Avenue is irregular with some pretty drastic dropoffs and significant cuts, and more than likely the City will probably allow curbwalk installation. He noted that while there is a massive amount of landscaping to be dealt with, this area isn't as bad as the Woodbrook Townhouses area; and it turned out pretty well. Mr. Kerr stated the concerns expressed over the obstructions on McAdow Avenue and Olive Street are valid; the mailboxes will have to be in the sidewalk, and he doesn't see any other way to deal with those. If possible, the fire hydrants will be moved. He suggested that while there are ways to install walks that will minimize impacts on landscaping, the snow removal issue is a valid one. Engineering Assistant Kerr noted there are other areas in town with curbwalks; some of those have problems, other do not, it depends on the snowplow drivers and the amount of snowfall. Regarding the trail on Cypress, Mr. Kerr stated there is room for both sidewalks and the trail. As it is now, those who are wheelchair bound cannot . use the trail for park access. They need a sidewalk for that. City Engineer Brawner added the issue of sidewalks on only one side of the street is one the Commission will have to determine if they want to make an exception. He stated the City has previously recognized some areas within the New Hyalite View subdivision, and there may be other areas where citizens could suggest/agree upon different methods of providing sidewalk/pedestrian access. Mr. Brawner told the Commissioners if they should decide this may be an option for this area, he would recommend the Commission order in the sidewalk and then it is up to the neighbors to come in and talk to staff. The City would still need to assess the Special Improvement District, that would be the fairest way to solve that issue. He acknowledged it is difficult to go into these areas and install sidewalks, but the City has been able to make the best of it before. Some of those areas have ended up with small retaining walls and sidewalks that meander around obstacles. Mr. Brawner also suggested there are possibilities of easements, particularly in the area of the large pine tree. Mayor Youngman noted we could allow the sidewalk to meander around the tree, but then the sidewalk would encroach upon the property owners' property more than an easement. City Engineer Brawner added the root systems of pine trees are hard on sidewalks, so that is a tough one. Commissioner Kirchhoff asked how the City deals with additional costs to homeowners . incurred because of sidewalk installation, such as repairing/replacing underground sprinkler systems. Mr. Brawner replied the landowners are generally responsible for those improvements. He cited a house on Garfield Street, where a substantial retaining wall was required, as an example of a project where the costs of the overall project were 1.5 times more than the normal associated costs, so the City contributed toward those costs. Commissioner Kirchhoff then asked if it would be appropriate for property owners to come up with alternative plans, such as alternative sidewalk locations. City Engineer Brawner replied it could be; it would depend on the property owners. Commissioner Kirchhoff inquired if there is precedence for these kinds of agreements. Mr. Brawner answered there has been 05-01-2000 _ -..---.--- - 15 - one time; the property owners on South 3rd Avenue, immediately north of Kagy Boulevard, came to an agreement with Montana State University that sidewalks were appropriate on only one side. Commissioner Smiley noted when the Engineering Department worked out the agreement with the Wood brook residents, they spent a lot of time figuring out where those sidewalks would meander. She asked if they held a number of meetings with the residents. City Engineer Brawner replied staff spent a lot of time meeting with the Woodbrook . representative. He stated staff prefers to get together with property owners and discuss all options. He added he supports avoiding curbwalks wherever possible. Responding to a question regarding the City's sidewalk installation policy, City Engineer Brawner stated the City allows one construction season for the installation of the sidewalks. The deadline is in October, usually the 15th. After that date, the City does a survey to determine which walks have not been completed and then puts together the bid documents to have a contractor install them the following season. Mayor Youngman asked if there have been situations when the work has been contracted, but the season ended before it could be completed. Mr. Brawner answered there have been, and in those instances staff has been flexible as long as good faith efforts are being made, and the City can expect the sidewalks to be installed within the next season. Commissioner Frost stated he is an avid walker; and while some people may believe walkers don't use these streets, he believes they do, primarily because of their proximity to Highland Boulevard and Main Street. Sidewalks are installed to make sure everyone can walk safely, and it is not safe to walk in the streets. Since there were no objections, Mayor Youngman closed the public hearing. . Commissioner Kirchhoff offered he supports the sidewalk program as presented unless there is a case of a pine tree that needs to be dealt with as a special circumstance. He stated he is in favor of sidewalks on both sides of the street in this neighborhood. Commissioner Smiley added she remembers how difficult installation was in the Wood brook area. The residents were upset with the City for taking away their lawns. She noted she believes the sidewalks have increased their property values. She stated, "We, as a City, are doing our share to get sidewalks put in; and I think we need to get sidewalks put in everywhere. It's just not safe to walk in the streets anymore." Commissioner Brown said he would like to see the possibility of putting sidewalks on only one side of the street in that area investigated. There are some real challenges there, and it will be a lot more expensive than Wood brook. He noted he was told those costs were under $1,000 per unit. If sidewalks are installed on both sides of the street, it will be much more expensive than that. He added, he too, would like to see sidewalks put everywhere, including at least on one side in the Marwood Addition. Commissioner Smiley stated she would love to be able to help the homeowners in that addition, but she doesn't want to start making exceptions because it will start eroding this process back to when the city couldn't get sidewalks installed. She noted she prefers to do a consistent job of getting sidewalks installed everywhere. . Mayor Youngman suggested that, as a minimum, staff should answer questions of the Marwood Addition residents at a meeting held at the Lindley Center. She suggested staff should walk the neighborhood and discuss what the specific challenges are and work out a compromise plan based on those challenges. She also questioned allowing narrower sidewalks in some portions of town, perhaps 4 feet rather than 5 feet in this area. City Engineer Brawner replied his concern is on McAdow Avenue and Olive Street, where we have narrow right-of- way and mailboxes; those obstructions will make narrow sidewalks that much narrower. We need to have the ADA-required- 4 feet available once we do around the power pole and mailboxes. 05-01-2000 .- ...-- .- --- -.------.---- -. --..------...-..---- --.---..--------------.,---..-.-..-. .-..- - 16 - Mr. Brawner indicated a willingness to meet with the neighbors, saying it is better to meet one on one with the individual property owners regarding the specifics of their lot prior to installing the sidewalks if they are ordered in. It is more effective to work with individual property owners, rather than a neighborhood group. He stated the landowners will need to get sidewalk permits, and the City will need to make sure these issues have been worked out before installation begins. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the . Commission approve the 2000 Sidewalk Program as listed in Commission Resolution 3358 and direct staff to bring back a resolution establishing the program. 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 hearina - Commission Resolution No. 3357 - intent to create business imDrovement district This was the time and place set for the public hearing on the City's intent to create a business improvement district under Commission Resolution No. 3357, entitled: COMMISSION RESOLUTION NO. 3357 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, STATING THE COMMISSION'S INTENT TO CREATE A BUSINESS IMPROVEMENT DISTRICT IN THE CITY'S DOWNTOWN AREA. Mayor Youngman opened the public hearing. Assistant City Manager Brey described the statutory background of the Business . Improvement District (BID) and discussed the efforts to bring this particular proposal forward. He then summarized the necessary steps upcoming for the creation and implementation of the BID including the need for both a resolution and an emergency ordinance of creation; the appointment of a BID board; receipt of a work plan and budget from the Board for fiscal year 2001; conducting a public hearing on the proposed work plan and budget; and, after approval of a work plan and budget, the levying of an assessment of the cost of the district against the properties in the district using an appropriate assessment method after considering the assessment method recommended by the BID board. Assistant City Manager Brey noted the Commissioners do have one valid protest in their packet, but it falls short of meeting the criteria. He stated this issue will be before the Commission in two weeks for the creation of the resolution and emergency ordinance. The District can have up to a 10-year duration. City Attorney Luwe stated the Commission will need to decide first on the protest, then on the District creation. Bert Hopeman, owner of Montana Gift Corral and member of the Downtown Bozeman Improvement District Board (lDB) and Downtown Bozeman Association Board, stated he was here on behalf of both boards and the 68 people who signed petitions that would like to see this district created. This District is bounded by Mendenhall and Babcock Avenues and Rouse . and Grand Streets. This District will basically be a self-assessment body to provide funds for business purposes within the district. Residential, nonprofit organizations, and government properties are excluded from assessment. Downtown merchants want to create this Business Improvement District because they believe the downtown needs strengthening, and this has become apparent in recent times. Twenty years ago downtown Bozeman was the only major commercial district in town, but in those 20 years three other commercial districts have developed; namely, the Mall, North 7th Avenue, and North 19th Avenue. When the North 19th Avenue area is fully developed, it will exceed the combined development of the other three. Downtown Bozeman will be massively eclipsed by North 19th Avenue when that location is fully developed. 05-01-2000 --------- .- -..---- - 17 - Mr. Hopeman continued, saying downtown business activity has leveled off in the last five years. It takes longer to fill the vacant store fronts and rents have fallen. This has occurred at a time when the economy is booming and the population is growing as quickly as it ever has. Downtown is not "keeping up with the Joneses" and needs some help in this regard. The downtown merchants don't want you to consider the downtown as just an economic entity; it is the heart of this community. The downtown is irreplaceable; if this city loses the downtown, Bozeman will lose a big part of its identity. Out-of-towners marvel at the spirit, energy, and excitement of downtown Bozeman. Bozeman needs its historic downtown . to maintain its magic. Compared to other communities, Bozeman is magical; and a vibrant and healthy downtown is a major part of that magic. Mr. Hopeman stated that, foremost, a BID is anticipated to provide funding for an executive director to address all the problems the downtown runs into. There are six problems which have been identified - promotion, need for a liason with the City and other agencies, infrastructure improvements, recruitment of tenants, grant writing, and parking management- which the downtown merchants anticipate an executive director will be able to manage for them. There is a lot of work to do in all of the downtown with regard to infrastructure improvements. Mr. Hopeman reminded the Commissioners that Commissioner Frost was one of the original members of a group who, in 1993, started the ball rolling to create what we are talking about now. All of the downtown's infrastructure problems can be found in the minutes of those meetings held seven years ago. The parking problem is more of a management problem than a capacity problem, and an executive director could follow up and oversee that management problem to effect some real change. It is very difficult to manage the downtown without an executive director; it is like trying to run this city without a city manager. Downtown Bozeman is a business complex with $100 million in sales and $50 million of commercial assets. By creating this BID we can address, in a timely fashion, every need the downtown has. This is the most important step the downtown has taken in the last 20 years . to keep the downtown strong. Mr. Hopemen added on behalf of the businesses and property owners, the BID, and the lOB, he would encourage Commission support. Steve Schnee, owner of Schnee's Boots and Shoes, stated he was here to support the BID district. He was on the original committee created to form and address the needs of the downtown. We will have an SID, which will compliment this BID district. He agreed the downtown is in desperate need of a full-time director to be an advocate of the downtown. The petition was signed by over 62 percent of the real property owners and 70 percent of the property owners have supported this proposal. We are trying to be proactive to maintain the downtown's health. We have tremendous economic pressures from other commercial development around the city. The downtown is truly a special place with a broad diversification of businesses, which is a recruitment tool for other businesses. He closed by strongly encouraging the Commissioners to form the downtown BID district. Chris Pope, owner of the Great Rocky Mountain Toy Company, stated he has been involved in this process for years. When you have a public place like the downtown, this is the only process the downtown can utilize to organize itself. We are not like a mall, we cannot organize in "relative secret". In the interest of our immediate businesses and the interest of the community, we are committed to trying to plan for the next 20 years. He noted that in a democratic process involving a fragmented business district such as the downtown, it is very difficult to get the return on the petition that they did. He expressed his strong support for this . proposal, stating this is good for the entire community. David Smith, Executive Director of the Chamber of Commerce, stated the Chamber is supportive of this measure. It is important you provide an opportunity for these businesses to improve themselves; it is important to our entire economy. Rob Broadbent, owner of the Baxter Hotel and recent owner of Rising Sun, Caravan, and "the next empty retail space", stated losing Rising Sun has been very unpleasant for him. He said he did not lose Rising Sun because of buying the Baxter Hotel. Caravan has the most beautiful interior in Bozeman, but he could not find a tenant for that space. We need to pump 05-01-2000 ...-- - 18 - the fantasy of Main Street. It is incredible and getting better, but we need to "pump it" better. The downtown cannot proceed without the BID. It is incredibly important for the Commission to do this if you love Bozeman. People don't come to Bozeman because they want to be near Target. They love the old downtown area, and we need to do everything we can to support and keep the downtown. Julie Schmidt, president of The Bent Lens, stated she has worked downtown for the last 13 years; and she has listened to stories from oldtimers about downtown Bozeman's history. . Volunteers don't have the time, energy, or expertise to do the tasks the downtown needs to stay vibrant. We need to have someone in place to help us keep the downtown alive and vibrant so everyone can enjoy the downtown. Susannah Freeman-White, 711 East Lamme Street, stated she doesn't own a business on Main Street, and she originally came to be present for the bike presentation portion of the meeting. However, she does live and work downtown because of the quality of life, so her family can walk or ride their bikes to work. We wouldn't have the quality of life we have if the downtown weren't viable. She said she would support the BID wholeheartedly if it will keep the downtown vibrant. Steve Johnson, 223 Circle Drive, stated the School Board decided to support tax increment financing in the hope the assets of the downtown would appreciate by investing in it, but the tax increment did not come to pass. He also noted he has participated in this proposal since its inception, and the commitment of the property owners is incredible. He supports both the SID and the BID. Rick Radovich, owner of Phillips Bookstore at 111 East Main, stated his protest is toward the SID, not the BID. He was confused on the two; he thought they were together. He offered he has no problem with the BID and will withdraw his protest. . Mr. Hopeman closed by thanking the Commission for being supportive of the downtown in the past and encouraging them to support this proposal. Since there were no objections, Mayor Youngman closed the public hearing. Mayor Youngman asked if there were the potential of extending this district by going further east. Assistant City Manager Brey replied in order to do that, we would have to stop everything and go back to the start. We would lose a year by doing that. When this project was started seven years ago, the east side wasn't looking real promising. The district can be extended later. Commissioner Frost stated he knows the work that has gone into this, noting he has put in fewer hours than the others. You cannot recreate malls, but the downtown is recreating itself right now with the new facades and storefronts. These buildings are now looking like they are supposed to. The downtown area is handicapped by the City putting millions of dollars into North 19th Avenue. What we need is a partnership between historic downtown Bozeman and the City of Bozeman for all the community's benefit. We have something unique; it is a symbol of who we are and our past. The downtown is important economically to our community. This will be a good start; and he is hoping the legislature will look and see what the community's needs are, and we will get some tax increment financing. This is the best step the downtown merchants can take. He said he hopes the business owners will have a . good relationship with the City so we can work together to help maintain this unique and viable asset to the community. Commissioner Kirchhoff added he fully supports the action they are going to take tonight, and he hopes it does all the merchants wish it to do. Commissioner Smiley said watching how hard it has been to get everybody together, it really shows the next phase is going to be really, really good. Commissioner Brown noted this is a great step in the right direction. His biggest 05-01-2000 .--.--- - 19 - . reservation is that they can only commit to one year at a time, but he is personally committed to do this and continuing it. City Attorney Luwe stated Rick Radovich will withdraw his protest to the BID, his protest is against the SID. It was moved by Commissioner Brown, seconded by Commissioner Frost, that staff be directed to bring back an emergency ordinance and a resolution of creation for review and . possible action by the Commission. The motion passed 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. Break - 8:27 Dm Mayor Youngman declared a break from 8:27 pm until 8:34 pm in accordance with Commission policy. Ordinance No. 1514 - amendments to permanent zone code Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1514, as approved by the City Attorney, entitled: ORDINANCE NO. 1514 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE, AS AMENDED BY ORDINANCE NO. 1513, WHICH ORDINANCE IS NOT CURRENTLY CODIFIED IN THE BOZEMAN MUNICIPAL CODE, BE AMENDED BY REVISING TITLE 18 OF THE SAID CODE; PROVIDING FOR COMPREHENSIVE AMENDMENTS TO THE . ZONING ORDINANCE BY ADOPTING BY REFERENCE THE CHANGES DENOTED IN "CITY OF BOZEMAN ZONING ORDINANCE, EFFECTIVE JUNE 1, 2000", ATTACHED HERETO AND INCORPORATED BY REFERENCE AS THOUGH FULLY SET FORTH HEREIN. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that Ordinance No. 1514, be finally adopted. 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 - 2000 Community TransDortation Enhancement Proiect (CTEP) Droiect recommendations This was the time and place set for the public hearing on the 2000 Community Transportation Enhancement Project (CTEP) project recommendations. Mayor Youngman opened the public hearing. Assistant Planner Caroline presented the staff report and an overview of the recommendations. There are two proposed projects for Commission support and approval. The first one is the East Willson School rehabilitation project; and the second one is the Bicycle . Infrastructure Project, which will pay for the installation of bike route signs, bike lanes, bike racks, and signage. The backup project will be the Montana Conservation Corps planting 500 trees in the City of Bozeman. Tom Jenni, 517 South 14th Avenue and president of the Gallatin Valley Bicycle Club, was in attendance representing the club membership and in support of the project. Alexandra Phillips, 9 South Bozeman, said she took the liberty of putting out the word that this is the first chance this Commission has to publicly support this bike infrastructure and for those interested to attend and voice their support. 05-01-2000 - 20 - MC Jenni, of Team WinS, formally Team Virtual, stated she was representing their membership of 80 women in the community. She has had women say to her they want to commute, exercise, ride their kids to daycare, shop, do their errands, all on their bikes; but they are scared. They don't want to send their kids out on the roads because it's a death sentence. There is a large force of cyclists in this community, and we need to be paid attention to. Please consider this project recommendation positively. Jerry Coffey, 1615 South Black Avenue, thanked Ron Tschida for the articles he . authored for the Bozeman Daily Chronicle on bike issues. The most dangerous place to ride is going down North 7th Avenue, as illustrated by the terrible tragedy of a biker recently being killed there. The larger plan of the Bike Board is to put a paved bike path all the way to Belgrade. He asked the Commission to support this first step, which will put people on notice to share the road with bicyclists. Joyce Miller, 1002 Zacariah Lane and also a member of Team WinS, stated it is important to share the road with vehicles. Drivers and bicyclists need to be aware of one another so people don't have to worry about riding. Bozeman is a community of families; and they want to ride together and be together, but they are afraid. She is amazed Bozeman does not have more bike lanes. With all the outdoor activities that go on in this community, it is a must! Susannah Freeman-White, 711 East Lamme Street, said when she lived in Portland she would commute one-half to one hour on her bike. She felt safer riding in the dark and the rain in Portland than she does riding in Bozeman. The awareness and infrastructure is in place in Portland to make cyclists feel comfortable. She wants to reduce her footprint on this community, and that is why she lives and works in the downtown. This city can reduce its traffic congestion by making the streets more comfortable and safer for bike riders. Ann Banks, 7 Hill Street and member of the CTEP steering committee, offered her . congratulations to the Bike Board for coming forth with this excellent proposal. She said she would like to see bike safety and bike awareness stressed here in Bozeman. Michael Dean, 217 West Koch Street, stated he moved here from Denver, where he lived for 13 years; and they have tremendous infrastructure in place that facilitates biking. It's easy, it makes people want to ride their bikes, and it reduces the need for parking spaces. He urged the Commissioners to go beyond this first step and add a position in the city administration of Bike Coordinator. Both Denver and Boulder have taken this step, and they have reduced the impacts on the environment as well as making the communities more pleasant places to live. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. Commissioner Frost indicated these are both good proposals, and he would have liked to see the third one be eligible as well. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the Commission approve the CTEP project recommendations. 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 hearing - Preliminarv Dlat - GillesDie Minor Subdivision - subdivide 0.4479-acre Darcel described as Amended Plat of Lot B. Block 3. Babcock and Davis Addition. and Block 43. Northern Pacific Addition. into three single-familv lots (southwest corner of East Davis Street and North Plum Avenue) (P-0009) This was the time and place set for the public hearing on the preliminary plat for the Gillespie Minor Subdivision, as requested by Norma Gillespie under Application No. P-0009, to subdivide a 0.4479-acre parcel described as the Amended Plat of Lot B, Block 3, Babcock and Davis Addition, and Block 43, Northern Pacific Addition, into three single-family lots. The 05-01-2000 .---.------.----- . _____ u_._. _......__ .. -...-...-.- - 21 - subject property is located at the southwest corner of East Davis Street and North Plum Avenue and is known as 636 East Davis Street. Mayor Youngman opened the public hearing. Planning Director Epple presented the staff report. He reviewed the application, stating the existing house is on the corner of North Plum Avenue and East Davis Street. The request is to divide this property into three lots, with 9,300 square feet to house the existing residence . and outbuilding and the other two lots would house affordable, detached, single-family residences with single car, attached garages. Planning staff and the Development Review Committee reviewed this application in light of the criteria set forth in the state statute, and staff's comprehensive findings are found in the staff report. Following review of staff findings and recommendations, as well as public comment, the City Planning Board, at its meeting on April 4th, concurred with staff's recommendation for approval subject to the nine conditions. No public testimony was received. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the Commission approve the preliminary plat for the Gillespie Minor Subdivision, as requested by Norma Gillespie under Application No. P-0009, to subdivide a 0.4479-acre parcel described as the Amended Plat of Lot B, Block 3, Babcock and Davis Addition, and Block 43, Northern Pacific Addition, into three single-family lots, subject to the following conditions: 1. The final subdivision plat shall address all applicable requirements of the Bozeman Area Subdivision Regulations, conform to the Standards for Final Subdivision Plats of the Bozeman Area Subdivision Regulations and the . Montana Subdivision and Platting Act, contain all appropriate certificates, and be accompanied by all appropriate documents, including a Platting Certificate. Two cloth back, two mylar and a digital copy of the plat must be submitted for final plat review, along with a Platting Certificate. 2. The applicant shall change the Certificate of Dedication and Certificate of Waiver to the correct Certificate of Consent on the final plat. 3. The final location of the water and sewer service lines shall be approved by the Water and Sewer Superintendent prior to the installation of service lines with written documentation that the locations have been approved and submitted to the Planning Department prior to final plat. 4. The installation of the water and sewer service lines by the City to the property line will be completed following the filing of permit applications and payment of estimated fees at the Building Inspection Department. Location of the water meters with acceptable backflow protection must be approved by the Water Department. 5. The final plat shall delineate the limitations of the building footprints to ensure compliance with the zoning ordinance (i.e., setbacks). . 6. The applicant shall provide and file with the County Clerk and Recorder's Office executed Waivers of Right to Protest Creation of SIDs for the following: a. Street improvements to East Davis Street, including paving, curb and gutter, sidewalks and storm drainage. b. Street improvements to North Plum Avenue, including paving, curb and gutter, sidewalks and storm drainage. 05-01-2000 _n___._ .... _....._... - 22 - The documentation filed shall specify that, in the event SIDs are not utilized for the completion of these improvements, the applicant agrees to participate in an alternative financing method for the completion of said improvements on a fair share, proportionate basis as determined by the square footage of the property, taxable valuation of the property, traffic c,ontribution from the development or a combination thereof. 7. New sidewalks will be required where they are lacking along the East . Davis Street frontage adjacent to this subdivision. 8. Any existing sidewalk panels adjacent to the subdivision which are cracked or otherwise unserviceable will be required to be replaced. 9. As with all subdivisions, preliminary plat approval is effective for three years. Extensions may be requested by the subdivider, as provided in Section 16.10.050.J., Bozeman Area Subdivision Regulations. 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 hearina - Preliminarv plat - Amended Plat of JC Billion Auto Plaza PUD - allow relocation of 1.149 acres of open space on Lot 1 to be combined with existing open space to the north (northwest corner of intersection of US Hiahwav 191 and Cottonwood Road) (P-0013) This was the time and place set for the public hearing on the preliminary plat for the Amended Plat of J.C. Billion Auto Plaza Planned Unit Development, as requested by Joe and Susan Billion under Application No. P-0013; to allow the relocation of 1.149 acres of open space on Lot 1 to be combined with existing open space to the north. . Mayor Youngman opened the public hearing. Assistant Planner Caroline presented the staff report. She presented an overview of this proposed project, noting Planning Board recommended approval with the conditions outlined in the staff report. No one was present to testify. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Brown, seconded by Commissioner Frost, that the Commission approve the preliminary plat to allow the relocation of 1.149 acres of open space on Lot 1 to be combined with the existing open space to the north, as requested in Application No. P-0013, subject to the following conditions: 1. Any existing or proposed easements shall be depicted on the Final Plat. All open space areas must be defined as "common open space" and clearly shown on the Final Plat. . 2. The Final Plat shall conform to all requirements of the Bozeman Subdivision Regulations and the Uniform Standards for Final Subdivision Plats, and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The Final Plat application shall include two (2) signed cloth back (or equivalent) copies; two (2) signed reproducible copies on a stable base polyester film (or equivalent); two (2) digital copies on a double-sided, high density 3-1/2" floppy disk; and five (5) paper prints. 05-01-2000 --- -- - . .------- - 23 - 3. Conditional approval of the Preliminary Plat shall be in force for not more than three calendar years, as provided by State statute. Prior to that expiration date, the developer may submit a letter of request for the extension of the period to the Planning Director for the City Commission's's consideration. 4. A detailed Stormwater Management Plan for the subdivision for a system designed to remove solids, silt, oils, grease, and other pollutants from the . runoff from the private and public streets and all lots must be provided to and approved by the City Engineer. The plan must depict the maximum sized retention/detention basin location and locate and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin sites, drainage ways, and lot finished grades), typical stormwater retention/detention basin and discharge structure details, basin sizing calculations, and a stormwater maintenance plan. Any stormwater ponds located within park or open space shall be designed and constructed so as to be conducive to the normal use and maintenance of the park or open space. 5. Per item 16 of the Valley West Annexation (A-9703) that states: Connection of Billion Auto Plaza Subdivision to MuniciDal Water and/or Sewer, once the water and sewer mains installed by the 360 Ranch Corporation in connection with that annexation have been accepted by the City, the Billion Auto Plaza will connect to those City services. . Any modifications of the internal water distribution network at the Billion Auto Plaza Subdivision may be required to bring the system into compliance with City of Bozeman standards before connection is made to the City's system. The cost of such modifications shall be borne by the owner of the property. 6. The location of the existing on-site treatment system shall be shown on the Final Plat. 7. The applicant shall provide and file with the County Clerk and Recorder's office, executed Waivers of Right to Protest Creation of Special Improvement Districts (SID) for the following: a. Arterial street improvements to Cottonwood Road, including paving, curb and gutter, sidewalk and storm drainage facilities; b. Intersection improvements to Cottonwood Road and Huffine Lane, including signalization; . c. Trunk water and sewer main installation in the Cottonwood Road right-of-way. The document filed shall specify that in the event an SID is not utilized for the financing 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. 05-01-2000 - 24- 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 - Preliminarv Dlat - Sundance SDrinas Southeast Maior Subdivision - subdivide 14.97 acres into 10 lots for residential develocment. 1 lot for ODen space. 1 lot for open sDace/Dark. and subseauent modification of an aDDroved zonina PUD (northeast corner of . Goldenstein lane and Mornina Sun Drive) - Potter Clinton Develocment. Inc.. and Sundance Scrinas Develocment llC (P-0011) This was the time and place set for the public hearing on the preliminary plat for the Sundance Springs Southeast Major Subdivision, as requested by Potter Clinton Development, Inc., and Sundance Springs Development llC under Application No. P-0011, to subdivide 14.97 acres into ten lots for residential development, one lot for open space, and one lot for open space/park, and subsequent modification of an approved zoning planned unit development. The subject property is located at the northeast corner of the intersection of Goldenstein lane and Morning Sun Drive. Mayor Youngman opened the public hearing. Assistant Planner Caroline presented the staff report and an overview of this proposed project. There are two portions to be considered; the modification of an approved zoning PUD and the subdivision of 14.97 acres. The stream will be relocated to the east of the residential lots. At its April 18th meeting the Planning Board recommended approval per the conditions listed in the staff report. Keith Belden, of Morrison-Maierle, stated they concur with the staff conditions, adding staff has done a fine job on this project. . No other public testimony was received. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the preliminary plat to subdivide 14.97 acres into ten lots for residential development, one lot for open space, and one lot for open space/park, and subsequent modification of an approved zoning planned unit development, as requested in Application No. P-0011, be approved, subject to the following conditions: 1. A detailed master plan for the property owners' association open space, which indicates the proposed uses, landscaping, irrigation, maintenance plan, and type of improvements must be provided to and approved by the Parks Division, and submitted to the Planning Department as part of the final plat application. All improvements and maintenance must be to City standards. The covenants must reflect that the homeowners' association shall maintain the open space and adjacent concrete sidewalk. 2. A declaration of covenants for Sundance Springs must be included and . recorded with the Final Plat which specifically includes the provisions from Section 16.34.030, as well as provisions for owners' association maintenance of all applicable homeowners' association open space, relevant parks areas, park area landscaping, park area pedestrian facilities, perimeter fencing, and storm water facilities. 3. Prior to final plat approval, a Memorandum of Understanding shall be entered into by the Weed Control District, Parks Division, and the subdivider for the control of county declared noxious weeds and for erosion control along the stream channel for two growing seasons after 05-01-2000 -----------. - - ,..-..---- -...-- --...- .._._._______ .u___._______ I - 25 - relocation of the stream channel. A copy of this Understanding must be provided to the Planning Department. 4. The Final Plat shall conf()rm to all requirements of the Bozeman Area Subdivision Regulations and the Uniform Standards for Final Subdivision Plats and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and . corrected certificates. The Final Plat application shall include two (2) signed cloth back (or equivalent) copies; two (2) signed reproducible copies on a stable base polyester film (or equivalent); two (2) digital copies on a double-sided, high density 3-1/2" floppy disk; and five (5) paper prints. In addition, one (1) revised copy of the original Sundance Springs PUD showing the proposed reconfiguration of residential lots and open space, must be provided to the Planning Department. 5. Conditional approval of the Preliminary Plat shall be in force for not more than three calendar years, as provided by State statute. Prior to that expiration date, the developer may submit a letter of request for the extension of the period to the Planning Director for the City Commission's consideration. 6. If it is the developer's intent to file the plat prior to the completion of all required improvements, an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the Preliminary Plat submittal information and conditions of approval. If the Final Plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150% of the cost of the remaining . improvements. 7. The plans and specifications for the project infrastructure must be adequately dimensioned and clearly indicate the extent of all improvements proposed. The plans must clearly show the location of and distinction between existing and proposed sewer/water mains, joint service trench detail, and easements, as well as nearby and proposed fire hydrants. All infrastructure improvements required of the development including water and sewer main extensions, public streets, sidewalks and related storm drainage infrastructure improvements shall be constructed or financially guaranteed prior to final plat approval. No building permits will be issued prior to completion and City of Bozeman acceptance of said infrastructure improvements. 8. Notes from the approved final plat of Sundance Springs PUD shall be provided on the final plat for this phase, with the correction of Note #1 which shall be changed from "the public pedestrian trail" to "the pUblic pedestrian/bicyclist trail". 9. The Stormwater Drainage, Treatment and Grading Plan submitted must be approved by the City Engineer. Detailed review of the stormwater plan . will be part of the infrastructure plan and specification review process. All stormwater improvements needed for the development must be constructed prior to filing the final plat. No building permits will be issued until the stormwater improvements are constructed and approved. 10. Stream relocation: a. Letter of Map Revision (LOMR) for the relocation of Nash Spring Creek must be completed and approved by FEMA. 05-01-2000 ....-----.------ ._.____.._._n _._ .__ - 26 - The Montana Department of Fish, Wildlife and Parks shall be contacted by the Applicant regarding the proposed Nash Spring Creek relocation and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to approval of plans and specifications or construction of the intended work. Copies of any approvals must be provided to the Planning Department. . b. The LOMR and other applicable permits cannot be financially guaranteed as provided in Section 16.22.040 of the Subdivision Regulations. but must be approved prior to filing of the final plat. G. A 50' minimum building setback from each side of the water course high water mark shall be delineated on the final plat. The setback must account for any channel meandering. d. Floodplain elevations must be depicted on the final plat along with the notation that residential Lots #1- #10 lay within the area of a historic creek bed. 11. Plans, specifications, and a comprehensive utilities design report for water and sewer main extensions, prepared and signed by a Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall also provide Professional Engineering services for Construction Inspection, Post-Construction Certification, and preparation of mylar Record Drawings. Construction shall not be initiated on the . public infrastructure improvements until the plans and specifications have been approved and a preconstruction conference has been conducted. No building permits shall be issued prior to substantial completion and City acceptance of all required pUblic infrastructure improvements. 12. Water and sewer service will be provided by a joint service trench in order to minimize street cuts. There shall be a one (1) foot minimum horizontal separation between water and sewer lines, and a minimum six (6) inches of separation between sewer lines. The water lines shall be 3/4" diameter Type K Copper and the sewer lines, 4" diameter PVC Sch 40. 13. Pursuant to the approved Sundance Springs PUD, a rural street standard has been approved for this subdivision. A city-standard concrete sidewalk shall be installed or financially guaranteed by the developer in the standard location adjacent to the Property Owners' Association Open Space along Morning Sun Drive prior to final plat approval. Sidewalks adjacent to private lots shall be constructed as each lot becomes developed in order to minimize wear and tear from construction traffic. No building permits will be issued prior to completion and City of Bozeman acceptance of the sidewalk adjoining the Property Owners' Association Open Space along Morning Sun Drive. . Plans and specifications for the sidewalk and related storm drainage infrastructure improvements, prepared by a Professional Engineer (P.E.) registered in the state of Montana shall be provided to and approved by the City Engineer prior to initiation of construction. 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 street until the plans and specifications have been approved by the City 05-01-2000 - 27 - Engineer and a pre-construction conference has been conducted. 14. Morning Sun Drive shall be repaved as depicted on the Preliminary Plat prior to final plat approval. 15. Luminaries (street lights) will be required pursuant to the covenants of the Sundance Springs Homeowners Association. . 16. Utility easements must be shown on the final plat in the proper locations as provided in Section 16.14.050.B. All required easements shall be provided prior to final plat approval. 17. If construction activities related to the project result in the disturbance of more than 5 acres of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality shall be contacted by the applicant to determine if a Stormwater Discharge Permit is necessary. If a permit is required by the State, the developer shall demonstrate to the City full permit compliance. 18. 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 plat approval. 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 hearing - COA with deviation from Section 18.18.050. Bozeman Municipal Code. to allow construction of new garage addition that encroaches 5 feet into reauired 8-foot side yard setback on Lots 22. 23 and west 10 feet of lot 24. Roecher's Rearranaement of Block 30. Park Addition - Robert l. Sanks. 411 West Dickerson Street (2-0028) This was the time and place set for the public hearing on a Certificate of Appropriateness with deviation from Section 18.18.050 of the Bozeman Municipal Code, as requested by Robert l. Sanks under Application No. 2-0028, to allow the construction of a new garage addition which encroaches five feet into the required 8-foot side yard setback on Lots 22 and 23 and the west 10 feet of Lot 24, Roecher's Rearrangement of Block 30, Park Addition. The subject property is more commonly known as 411 West Dickerson Street. Mayor Youngman opened the public hearing. Historic Preservation Planner Strahn presented the staff report. He noted he had received a letter of support late last week. Staff is supportive of this application, as long as the fence is constructed to have the finished side facing out. Commissioner Brown questioned the fence height, asking if an 8-foot high fence is . allowable under code. Mr. Strahn replied code does allow 8-foot fencing. Mr. Sanks, 411 West Dickerson Street and applicant, told the Commission they need a new garage because they just got married and combining two households is quite a job. They need the present garage to store their joint belongings, and the double garage is needed to keep their cars out of the snow. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. 05-01-2000 ---- ----- - 28 - It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the Commission approve the Certificate of Appropriateness with deviation from Section 18.18.050 of the Bozeman Municipal Code, as requested by Robert l. Sanks under Application No. Z- 0028, to allow the construction of a new garage addition which encroaches five feet into the required 8-foot side yard setback on Lots 22 and 23 and the west 10 feet of Lot 24, Roecher's Rearrangement of Block 30, Park Addition, subject to the following conditions: 1. As per Section 18.50.070 of the Bozeman Zoning Ordinance, any fence . or wall constructed so as to have only one elevation "finished," which shall be defined as not having its supporting members significantly visible, shall be erected such that the finished elevation of the fence is exposed to the street or the adjacent property. 2. The applicant shall obtain a building permit within one year of Certificate of Appropriateness approval or this approval shall become null and void. 3. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness application. Any modifications to the submitted and approved drawings shall invalidate the project's approval unless the applicant submits the proposed modifications for review and approval by the Planning Office prior to undertaking said modifications, as required by Section 18.62.040 of the Bozeman Zoning Ordinance. 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 hearing - variance from Section 18.50. f20.J.. Bozeman Municioal Code. to allow two Darkina SDaces in garage and two Darking soaces in driveway on Lot 21. Block 3. ThomDson's . Addition No. 3 - Julian and Madeline Wilson. 1916 South Tracy Avenue (Z-0017) This was the time and place set for the public hearing on a variance from Section 18.50.120.J. of the Bozeman Municipal Code, as requested by Julian and Madeline Wilson under Application No. Z-0017, to allow for two parking spaces in the garage and two parking spaces in the driveway on Lot 21, Block 3, Thompson's Addition No.3. The subject property is more commonly known as 1916 South Tracy Avenue. Included in the Commissioners' packets was a letter from Julian and Madeline Wilson requesting that this public hearing be continued to May 15, 2000. Mayor Youngman opened the public hearing. No public testimony was received. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the public hearing be continued to May 15, per the applicants' request. 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 hearing - Conditional Use Permit - allow oDeration of a grouo home for adult foster care in existing residence on Lot 21. Block 3. Thomoson's Addition No.3 - Julian and Madeline Wilson. 1916 South Tracy Ayenue (Z-0017) This was the time and place set for the public hearing on a Conditional Use Permit requested by Julian and Madeline Wilson, under Application No. 2-0017, to allow for the operation of a group home for adult foster care in the existing residence on Lot 21, Block 3, 05-01-2000 -.-.--- -- .------.- - 29 - Thompson's Addition No.3. The subject property is more commonly known as 1916 South Tracy Avenue. Included in the Commissioners' packets was a letter from Julian and Madeline Wilson requesting that this public hearing be continued to May 15, 2000. Mayor Youngman opened the public hearing. . No public testimony was received. Commissioner Brown asked if a ramp would be required at this time. Planning Director Epple stated further investigation by staff revealed a ramp is not required. It was moved by Commissioner Brown, seconded by Commissioner Frost, that the public hearing be continued to May 15, per the applicants' request. 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 - Zone MaD Amendment - to establish an initial zoning desianation of "R-Q" and "BP" on 136 acres described as Tracts A and B. COS No. 1872 and Tract 2. COS No. 1846 (southeast corner of West Babcock Street and Ferauson Avenue) - Michael Delaney. Ileana Indreland. Delaney & Co.. and WBW. LLC (Z-0034) This was the time and place set for the public hearing on the Zone Map Amendment requested by Michael Delaney, Ileana Indreland, Delaney and Company, and WBC, LLL, under Application No. Z-0034, to establish an initial zoning designation of "R-O", Residential--Office, and "BP", Business Park, on 136 acres described as Tracts A and B, Certificate of Survey No. 1872, and Tract 2, Certificate of Survey No. 1846. The subject property is located at the southeast corner of the intersection of West Babcock Street and Ferguson Avenue. . Mayor Youngman opened the public hearing. Planning Director Epple presented the staff report for this project. He noted Mr. Delaney could not be present this evening, but he did ask Mr. Epple to relay to the Commission that he is supportive of staff's recommendation. This is a request for a zone change with no conditions attached. Under the old City/County planning program, this land had business park/office zoning; and now that the property has been annexed, we need to reestablish the business park and residential/office zoning designation that has historically been on this property and is currently on the property. This gives us the opportunity to revisit the proper zoning. In its written report, staff is recommending approval, in light of the 12 criteria in the Bozeman Municipal Code, as did the Zoning Commission at its meeting on April 18th. City Attorney Luwe asked if there is an annexation application pending, to which Mr. Epple replied, "Yes, that is correct." Since there were no Commissioner objections, Mayor Youngman closed the public hearing. City Attorney Luwe reminded the Commissioners they did annex this today with the consent agenda approval. . It was moved by Commissioner Frost, seconded by Commissioner Smiley, that upon annexation and applicant providing an accurate and acceptable legal description, direct staff to bring back an ordinance amending Bozeman's Zone Map to initially classify the land use as "R-O" and "BP" as recommended by the Zoning Commission in Resolution Z-0034. 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. ADDellate hearina - aDDeal filed by Tom Kalaris and Jennie Birdsall of Administrative Design 05-01-2000 ------- -..-. - 30 - Review Staff decision to aDDrove COA to allow for demolition of fire-damaaed Dortion of existing single-familv residence and construction of new rear addition and establishment of second dwellina unit on Lots 20-21. Block 3. Park Addition - Bovd Moraan for 119 South 7th Avenue (2-0011) This was the time and place set for the appellate hearing on an appeal filed by Tom Kalaris and Jennie Birdsall of the Administrative Design Review Staff decision to approve a Certificate of Appropriateness, as requested by Boyd Morgan under Application No. 2-0011, . to allow the demolition of a fire-damaged portion of an existing single-family residence and construction of a new rear addition and establishment of a second dwelling unit on Lots 20 and 21, Block 3, Park Addition. The subject property is more commonly known as 119 South 7th Avenue. Mayor Youngman opened the appellate hearing and reviewed the order of presentation, which is: 1) explanation of the nature of the appeal and presentation by planning staff; 2) presentation of arguments by the appellant and any person in support of the appellant; 3) presentation of arguments by any person who is an opponent of the appeal; 4) motion, discussion, and vote by the appellate body. Historic Preservation Planner Strahn presented the staff report and distributed copies of Laura Estes' letter of concern regarding this project. This property is owned by Boyd Morgan, 18866 Dry Creek Road, Belgrade, and has been vacant for a couple of years since the fire. He now wishes to demolish the fire-damaged portion, create a new rear addition, and establish a second dwelling unit and parking. This house is located in the Cooper Park Historic District and is zoned R3-A. Staff had worked with applicant prior to plan submittal, and there were several serious discussions regarding how this property could be made more compatible with the surrounding neighborhood. Historic Preservation Officer Strahn continued, saying upon advertising this project, as . required by code because of intensification of use, four letters of opposition were received. In response to that, staff started trying to address neighborhood concerns, while allowing this project to move forward. Staff agreed it could be forwarded, subject to the conditions outlined in the packet material. Staff also distributed copies of this report to the applicant as well as to those neighbors who commented on this proposal. The Planning Department then received an intent to appeal and subsequently received an appeal from Tom Kalaris and Jennifer Birdsall. Their opposition is as follows: It seems that most of the neighbors commenting on this project mentioned they appreciate the fact that Mr. Morgan is fixing up the house, but they have serious concerns about the creation of a duplex and increased density. Appellant feels occupancy will be quite intense given each unit has three bedrooms, creating the possibility of six people with one car each residing there. The neighborhood cannot handle that density since it is close to several bars and parking can become quite congested. The neighborhood character consists of primarily small houses, some of which are rentals; but most others are owned by single families. There are few, if any properties, with six adults living in them. Six bedrooms are too many; there is too much on-site parking, which is limiting green space. It should be noted that, along with the appeal letter was a petition, a map, and another letter from a neighbor. The petition contains 17 signatures, representing 13 properties in the immediate vicinity of this property. . Tom Kalaris, 205 South 7th Avenue and appellant, stated he appreciates the time the Commission is giving this appeal. There are two points; the first happened a little over three years ago, the fire; and since then the property has been empty and neglected. Everybody is enthusiastic to have this property being renovated, but we are opposed to this plan. Who are going to be the tenants? More than likely it is going to be college students. We are not anti- student; we have students who live throughout the neighborhood. Some of the signators on the petition are students. Mr. Kalaris said his discussion will focus on students being the renters because the neighbors believe this will be the case given the size of the rooms and the number of bedrooms. 05-01-2000 - 31 - If you are a college student or young adult, you probably have a car; therefore there will be six or eight cars parking here. We feel this is not an unreasonable assumption. We are basing our appeal on section 18.18.010 of the Bozeman Zoning Ordinance. We don't believe this development meets these requirements. Mr. Morgan will argue these units will not necessarily be rented to students; and we agree they might not. Mr. Morgan has never claimed this will be low-income rental property; the going rate per bedroom is $300. Therefore, theSe units will be renting for $800 to $1000 per month. How many single parents with children could afford this? If they could afford those types of payments, they would . probably buy their own place. The probability of getting any family in either side of this duplex is minuscule. There could conceivably be eight adults in this unit. Mr. Kalaris then presented a map of the neighborhood, showing where those who signed the petition resided. He stated he found no one who did not want to sign the petition. He said as he talked to people in the neighborhood, he tried to limit himself to those areas covered by his letter, which was contained in the Commissioners' packets. The number one neighborhood concern is parking. Even with this property sitting vacant for three years, all the neighbors complain about parking. The neighbors contend staff underestimated the impact on parking from the bars and Pizza Hut. A lot of residents have off-street parking; but when they want to have visitors, they have no where for them to park. The neighbor lady parks on her lawn and doesn't invite anyone over after 5 pm because there is no parking, and that is without anyone living in the Morgan property for the past three years. Assuming the duplex residents use the five off-street spots as much as possible, there still will be an incredible amount of parking that gets pushed onto the street. Mr. Kalaris feels staff also neglected to take into consideration how much traffic visitors generate. He said that across the street from him, there are four spots for parking; however, when you consider the visitors that frequently stay overnight, parking is a daily headache. Mr. Kalaris then presented his second visual aid, one pertaining to health and safety . issues. He presented the litter that was picked up on one side of the street in front of Morgan's house and two other residences on either side of it plus around Pizza Hut. He characterized this amount of litter as not uncommon. Mr. Kalaris said he wanted to point out that, as it is now, the neighbors are able to pick up this litter. But if the street is lined with cars, it's very difficult to pick up the bottles; and, therefore, you will have broken glass. The City also cannot plow the street effectively if there is parking on both sides of the street. This street is 35 feet wide, curb to curb. Pizza Hut has driveways on Babcock Street and North 7th Avenue. It is surprising, but the majority of the traffic at this carry out or delivery only Pizza Hut is going down North 7th Avenue, as opposed to Babcock Street. This area gets more traffic than the Commissioners might imagine. Mr. Kalaris reminded the Commission this is a narrow street, which is lined with cars; and when you have people who are in a hurry, like pizza delivery people, or those people who spend a little too much time in the bars, there is likely to be a rash of accidents. This is an old part of historic Bozeman with small houses on small lots; it is a working-class neighborhood. Few homes have apartments, and those that do use a part of the basement or attic for those small apartments. There are no locations having more than three adults living on the property. Mr. Kalaris expressed his appreciation for, and said he can sympathize with, the desire to urbanize a lot of Bozeman; but this project will be taxing the infrastructure and risking the heritage of this neighborhood. He went on to say this is not "a picture perfect neighborhood"; . and most of those "eyesores" Mr. Morgan's architect took pictures of are properties belonging to absentee landlords who are renting to students, similar to what is being proposed here now. Mr. Kalaris provided a brief history of the neighborhood, saying in 1917 half of the existing houses were there, and the rest came not too long after that. The Design Review Board asked if there was consensus among the neighbors for a compromise; rebuilding of a single-family house. Mr. Kalaris said no one would be opposed to that. If Mr. Morgan insists on building a duplex, the neighbors could possibly agree to one with two bedrooms per side. Jack Robbins, 206 South 8th Avenue, stated parking is also his concern. When he looks 05-01-2000 - 32 - at the plan provided and sees 9'6" X 10'4" bedrooms, which are very small, he gets the feeling that this unit will house three single individuals per side. He feels the parking pressures will be high, assuming each person will have at least one vehicle. Steve Michaelson, 714 West Olive, said he is a student and so are a few of the other surrounding residents. A considerable number of those in oPPosition to this project are students. This is not an anti-student thing; the residents are just concerned with the density created by several more young adults. Not only will this be a degradation to the historic . character of this neighborhood; but it will expand the infrastructure, as well as greatly increasing the parking density beyond the capacity of this entire area, thus having a "domino effect" on all aspects. Beverly Marsh, 203 South 7th Avenue, stated she is totally in agreement with everything said thus far. "Parking is a bear." She said she recently had her car totaled, and that same car had its windshield smashed. There are lots of concerns for those living in this neighborhood. Pat Robbins, 206 South 8th Avenue, said she listened while others were talking about the "bicycle thing" and suggested maybe there could be bike parking only. There are some other options, maybe banning more vehicles since parking is a major concern. Speaking on behalf of those who are in opposition of the appeal, Ms. Debra Kane, Kane Architects and Mr. Morgan's architect for this project, said Mr. Morgan's duplex design is sympathetic and sensitive with the historical neighborhood character. It is compatible with the neighborhood and meets the intent of the zoning designation, which allows duplexes. They have requested no variances, and on-street parking was brought up during the Design Review Board review. Ms. Kane reminded the Commissioners they have heard a lot about the neighborhood parking problems, but they should remember this is potentially two more homes for people. . Boyd Morgan, 18866 Dry Creek Road, Belgrade and owner of the property, noted this project has met all the requirements. He and his architect have worked with Derek (Strahn), and the drawings look good. This is not a boxy building; it is a good looking property, which wouldn't lower anyone's property value and certainly is better than what is there now. Break - 9:40 em - 9:48 em The Mayor declared a break from 9:40 pm to 9:48 pm in accordance with Commission policy. Historic Preservation Officer Strahn told the Commissioners the Design Review Board did look at this proposal. The minutes of that meeting were included in their packets. Basically they were not making a decision on this; they were simply providing advice to clarify your decision-making process. Staff was of the opinion that, in terms of massing and density, this unit fits into the neighborhood well. The proposal does meet the requirements of the R3-A zone, in terms of density and setbacks, and it exceeds the parking requirements by one. No variances have been requested. Commissioner Kirchhoff noted several people have mentioned that staff might have underestimated the congested nature of parking in this particular part of town, and there could be some conditions that cause an extraordinary amount of parking congestion. . Historic Preservation Officer Strahn replied he did consider the bars and Pizza Hut; and given the fact the neighbors raised that issue, staff felt comfortable that the property owner included an additional on-site parking space for a total of five on site plus three in the front. Staff felt the additional parking spaces would help offset the fact that this is somewhat of an unusual neighborhood. Commissioner Brown noted the garage is on the property line. Mr. Strahn responded the garage is "grandfathered" because it was built before the ordinance was enacted. Commissioner Brown then asked what would the sideyard setback be now? Historic 05-01-2000 - -----.......----..--.--- - 33 - Preservation Officer Strahn answered 8 feet until June 1st; after that, it will depend upon Commission action on the next agenda item. Commissioner Kirchhoff inquired about the condition of the garage; is it ready for a car? Mr. Strahn stated it needs to be reinforced. Commissioner Kirchhoff then asked about the floor, saying it seems to be suspect. Historic Preservation Officer Strahn replied he hasn't seen the garage, but the architect feels it could support a compact car. . Addressing the proposed metal roof, Commissioner Smiley said, "The metal roofing is catching on because it's so helpful in snow country. Snow doesn't stick; it decreases the snow load. Just wanted you to know how I feel about that." Commissioner Frost suggested the garage looks better in the drawing. How many more parking spaces could there be if the garage were removed? Mr. Strahn noted on the revised site plan there is mention of an existing phone pole. The architect feels they could provide two parking spaces in the existing garage and three others in the rear. In rebuttal, Mr. Kalaris stated as far as the basis of our appeal, we agree with staff that Mr. Morgan and his architect have provided a plan that meets all the zoning requirements, but this property and the proposed development does not meet the intent of R3-A zoning. The garage has a maximum of 17 feet from the inside wall to the back garage door, and that is being very generous. Someone is going to bump the front of the garage every time they try to park in there. Is that a garage that people are going to use several times every day if they can park on the street? Regarding the second spot, Mr. Kalaris thought that would be mod ified. As it is now, you could not realistically put two cars in that garage because the second door is a sliding door that has to slide behind the first car. It would be great if five people would park back there all the time, but realistically he doesn't believe that will happen. City Attorney Luwe stated his recommendation would be that the Commission recess . this hearing for one or two weeks so he can meet with Planning Director Epple to know if we are proceeding with the proper appeals process. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. Commissioner Smiley moved, Commissioner Kirchhoff seconded, to continue this hearing to date certain, May 15th. Mayor Youngman stated no further public testimony will be heard on May 15th, but the appellant will have an opportunity to respond. 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 hearing - Zone Code Amendments - rezone all areas within city limits currently zoned "AS" to "R-S": and reduce required front and side yard setbacks in residential zones (Z-0015) This was the time and place set for the public hearing on Zone Code Amendments, under Application No. Z-0015, to rezone all areas within city limits currently zoned "AS", . Agriculture Suburban", to "R-S", Residential-Estates, and to reduce the required front and side yard setbacks in all residential zones. Mayor Youngman opened the public hearing. Associate Planner Saunders presented the staff report. Staff has reviewed this application in light of the 12 criteria and recommends approval; and at its March 22nd meeting, the Zoning Commission concurred. Mr. Saunders noted this is something that is a follow-up to remedy a noticing deficiency. The areas primarily affected by this rezoning would be those on Manley Road, the Bridger Creek golf course area; and along the interstate in the northeast 05-01-2000 -.--- m. __. - 34- portion of town. One letter is the only public comment received, and that individual expressed concerns with rezoning in the Manley Road area. The front and side yard setback changes would affect the majority of the zoning districts. John Foster, 626 Old Farm Road, stated he owns the land to the other side of the river. He is in opposition to the blanket changing of all zoning; rather, he would like to see each case handled individually because there are some delicate points in the Manley Road section. He would like to see more discussion, or this area left alone, because property owners there have . fought so hard to get the density down; and "now the rug has been pulled out from under us." He continued, saying this gentlemen can build twice as many houses now. Carl Hubert, owner of Hubert's Tree Farm, said he would like to know more about what's going on here; 'liAS' to 'R-S', I get the drift. We're surrounded by a lot of M-1 and M- 2, and I get that. II He stated he believes Agricultural Suburban allows his tree farm to be there. He said he assumes he would be grandfathered in if there were a zoning change, but he would like to know more about that. Associate Planner Saunders said the motivation behind rezoning, blanket rezoning, is not because there is a feeling the City wants to change things just for fun; but we are looking at the changing character of Bozeman. Bozeman is now solely a municipal area; there are few areas in town where a 20-acre lot size is relevant. For that reason, and to simply clean up the zone code a little bit, the deletion of the "AS" zone is desirable. We have to rezone to something, and the next most restrictive zoning available is "R-S". If you have a parcel where there is a certain density specified, depending on the development review process, it is possible to transfer density from one location to another. On Manley Road, this would allow a ten-acre parcel to be divided into several additional units. This would provide additional dwelling units on the 40 or 50 acres available for development. Commissioner Smiley added the part of the property designated wetlands cannot ever . be developed; he agreed to these being undevelopable. Does this still hold? Mr. Saunders replied, "No, it never held. Montana state statute does not authorize contractual development, which is why even though someone has a wonderful development on the boards, we cannot develop it." Commissioner Smiley then inquired about the wetland studies. Assistant Planner Saunders responded they are still there. The developer will need special permits to change that. Our zoning does allow development in the flood plain, but we make it as difficult as possible. Mayor Youngman stated she is confused; she thought this had been set up under development review. Mr. Saunders answered the piece that previously happened was one tract was reviewed, but the other one created hasn't been platted yet. If they do anything further, the Commission will have the opportunity to look at it. There are extensive wetlands and it's in a flood plain, which makes it difficult to develop. The difference with this amendment is the number of allowable dwelling units will go up, which can go elsewhere on the property. The City still has a degree of control over that because in order to build, they would have to go through site plan or subdivision review. Commissioner Kirchhoff inquired if, potentially, the number of lots that could be developed, in addition to what is allowable now, could be eight to ten? How many lots are allowable now? Assistant Planner Saunders answered one to twenty; the density would go up to one dwelling unit per acre. Those dwelling units could be spread anywhere within the . allowable area, so they could cluster them. Initially there was discussion of a convalescent home being built. They are still pursuing the planned unit development (PUD) option, even though we haven't gotten an application yet. They could relocate elsewhere within the balance of the site. Commissioner Kirchhoff asked if could they do the same thing with the PUD in the "AS" zoning, to which Mr. Saunders replied, "Oh, yes. They could use the land underneath the streets to count toward their square foot requirements." With this change, we deleted any public dedication lands. Commissioner Kirchhoff reiterated the density change is not significant 05-01-2000 ---.-- ..-- -....---- - 35 - then? Assistant Planner Saunders answered, "I would say not." Mayor Youngman stated she thought the City never allowed development within the city limits with "AS" zoning. Mr. Saunders said it was never intended to be developed. In response to a question from a gentleman planning to start a tree farm on his property, Assistant City Manager Brey stated he took a quick look at some uses allowed in "AS" that aren't provided for in "R-S". "AS" is truly agricultural in nature, including a certain kind of agriculturally related commercial development. "R-S" is intended to be a single-family . residential zone. We might want to come back and look at plant nurseries so this gentleman will not have a nonconforming use. Assistant Planner Saunders added one of the allowable uses by right in the "R-S" district is agricultural activities if you have two acres or more. Tree farms should land right smack in the middle of that definition; it's cultivating the soil. Mr. Brey noted we could accommodate this use in this zone change with some clarification of language. Commissioner Smiley said it should probably be added, and Assistant City Manager Brey stated that would require a subsequent text amendment. Assistant Planner Saunders suggested the Commission might want to sit tight on that at this moment. Mayor Youngman added these changes will come back for a couple more readings before they go into effect. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. Commissioner Kirchhoff clarified that Mr. Saunders' recommendation is to move ahead with this item. Assistant Planner Saunders replied, "Yes" and reminded the Commissioners that as part of this, they deferred the deletion of the" AS" district to coincide with the zone change so there wouldn't be a gap there. City Attorney Luwe told the Commissioners this public hearing is on the zone code amendment; and if they want to act favorably without making changes, it would be a motion to proceed with the zone code amendments. There will be only one reading left if they vote . favorably this evening. Mayor Youngman stated she needed to clarify, for those in attendance, there will only be one more reading if the Commission votes in favor tonight. If those present have any further questions, please talk to Assistant Planner Saunders or any Commissioner. Commissioner Smiley then asked if they can add the tree farm designation tonight, to which Mr. Saunders replied, "No, it will need to be readvertised". It was moved by Commissioner Kirchhoff, and seconded by Commissioner Brown, that the Commission approve the Zone Code Amendments, under Application No. Z-0015, to rezone all areas within city limits currently zoned "AS", Agriculture Suburban", to "R-S", Residential- Estates, and to reduce the required front and side yard setbacks in all residential zones. 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. 1516 - amending the zone maD bv rezonina all areas within city limits currently zoned "AS" to "R-S" and amendina the zone code to reduce reauired front and side yard setbacks in residential zones Included in the Commissioners' packets was a copy of Ordinance No. 1516, as . approved by the City Attorney, entitled: ORDINANCE NO. 1516 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE, AS AMENDED BY ORDINANCE NO. 1513, WHICH ORDINANCE IS NOT CURRENTLY CODIFIED IN THE BOZEMAN MUNICIPAL CODE, AND FURTHER AMENDED BY ORDINANCE NO. 1514, WHICH ORDINANCE IS NOT CURRENTLY COFIDIFED IN THE BOZEMAN MUNICIPAL CODE, BE AMENDED BY REVISING TITLE 18 OF THE SAID CODE; PROVIDING FOR 05-01-2000 -...-.--- --....-.-.--- .- ---- - 36 - COMPREHENSIVE AMENDMENTS OF THE ZONING ORDINANCE BY AMENDING THE SETBACK REQUIREMENTS IN ALL RESIDENTIAL ZONING DISTRICTS, BY ELlMINA TING THE "AGRICUL TURAL SUBURBAN" ZONING DISTRICT AND BY AMENDING THE OFFICIAL ZONING MAP TO CHANGE ALL CURRENTL Y ZONED "AGRICUL TURAL SUBURBAN" PROPERTIES TO "RESIDENTIAL ESTATES". Mayor Youngman opened the public hearing. . Dana Roberts. 1 511 Bogert Lane. sta1ed he owns 1.7 acres and is entertaining thoughts of opening a greenhouse. He asked if this rezoning will affect his plans to do that. Planning Director Epple replied staff's interpretation is a tree farm is an agricultural use, but a greenhouse is a commercial enterprise. However, Mr. Roberts does have a legitimate concern. A plant nursery is the code's definition title for that kind of activity, which is allowed in the "AS" designation, but not in the "R-S" district. Unless the ordinance is amended, a greenhouse would not be allowed. Assistant Planner Saunders added in the" AS" district, with two acres or more agricultural activities are considered principal use, less than two acres they are considered as a conditional use. Mr. Roberts' property is less than two acres, which mayor may not be an issue in the future. It was moved by Commissioner Brown, seconded by Commissioner Frost, that Ordinance No. 1516, amending the zone map by rezoning all areas within city limits currently zoned "AS", Agricultural Suburban" to "R-S" Residential-Estates, and amending the zone code to reduce the required front and side yard setbacks in residential zones, 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, . Adjournment - 10:28 D.m. 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. MA~~U~~aYor ATTEST: Vd.:- ./ ~ ROBIN L. SULLIVAN Clerk of the Commission . PREPARED BY: +(~J'<.~~ KAREN L. DeLA THO ER Deputy Clerk of the Commission 05-01-2000 . u_ u. __...