Loading...
HomeMy WebLinkAbout1999-09-07 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA September 7, 1999 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, . Municipal Building, on Tuesday, September 7, 1999, at 3:00 p.m. Present were Mayor _ Youngman, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, City Manager Johnson, Assistant City Manager Brey, City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Mayor Youngman asked if anyone wished to remove any of the Consent Items for discussion. City Manager Johnson requested that the proclamation for Kids Day America be removed from the agenda. Minutes - ADril 5. ADril 19. ADril 26. June 21. Julv 6. Julv 19. August 2. AUQust 16. Auaust 23. August 27 and August 30. 1999 It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the minutes of the meetings of August 23 and August 30, 1999, be approved as submitted and that the minutes of the meeting of August 27, 1999, be approved as amended. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Youngman; those voting No, none. . Mayor Youngman deferred action on the minutes of the meetings of April 5, April 19, April 26, June 21, July 6, July 19, August 2 and August 16, 1999, to a later date. Proclamation - "Alcohol and DruQ Addiction Recoverv Month" - SeDtember 1999 Included in the Commissioners' packets was a copy of the proclamation for" Alcohol and Drug Addiction Recovery Month". Mr. Roger Curtiss, Executive Director of Alcohol and Drug Services, asked that the City join in commemorating the strides that have been taken in delivering the powerful message that alcohol and drug treatment is good. He noted that the theme of this year's proclamation speaks to the importance of treatment for employees, noting that rehabilitation of an existing employee costs less than the training of a new employee; and the benefits of an employer- supported treatment program are extensive. He concluded by noting there are many recovering individuals in the community, and acknowledged the Commission's efforts to deliver the message that treatment reclaims lives. Ms. Cheryl Walters, Alcohol and Drug Services, read the proclamation into the record. Commissioner Rudberg thanked the employees at Alcohol and Drug Services for their work and their pursuit of a drug court in coordination with Judge Olson. She noted that they . are truly making a difference in the community. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission concur in the Mayor's proclamation of September 1999 as "Alcohol and Drug Addiction Recovery Month". The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No, none. 09-07-99 - ___ u_ - 2 - Selection of fifth Commissioner City Manager Johnson stated that, per the process set by the Commission, he has reviewed the information submitted by the individual Commissioners, and it appeared one person had the support of a majority of the Commissioners; but that individual is unable to serve. He indicated there was no majority vote for any of the other names submitted. Mayor Youngman noted another option is to concur on the top vote getter in the November election. _ Commissioner Rudberg noted there are only four more voting meetings before the election results; and she feels appointing a fifth Commissioner at this time serves no real purpose. She expressed concern about the potential of releasing the names of those who were being considered, noting this procedure was designed to protect the candidates. She indicated a willingness to consider appointing the highest vote getter in November, provided that individual runs an honest campaign, without lies and name calling. She concluded by stating that she feels the Commission should try to carry out the spirit of former Mayor Stiff's term; and the four remaining Commissioners can handle the job. Mayor Youngman stated each of the candidates has indicated it would be acceptable to release his/her name, and asked about releasing the names now, since no vote is to be taken. City Attorney Luwe stated that, until the final selection process, the understanding was that the names would be confidential. He indicated that, at this point, if all of the individuals agree to have their names released, then that release would be acceptable. He cautioned that a follow-up will be needed to ensure that the individuals, indeed, do agree to have their names released or if anyone of them asserts his/her right to privacy. Commissioner Smiley stated it was her understanding this process was confidential and that the individuals under consideration have a right to privacy. She then indicated the top vote getter should be appointed as the fifth Commissioner, stressing that she would like to see that e person run a campaign that is not vicious. Responding to questions from the Commissioners, City Attorney Luwe stated that if the candidates want their names released, the Commission has no choice but to do so. Commissioner Frost stated he supported all three of the candidates this time and a majority of those considered the first time; and he is disappointed the Commission is unable to get majority support for any candidate. He indicated a willingness to release the names of those being considered, stating he supports open government and public information. He stated it was his idea to select the top vote getter; however, he will not support it if there are any conditions tied to it. Mayor Youngman stated she is willing to support selecting the top vote getter, but does not want to tie it to the campaign since that makes the decision subjective. She indicated that she supported all three of the candidates under consideration, noting they are all businessmen with downtown connections. Commissioner Rudberg stated she feels severely manipulated by the procedure she has been sucked into, and noted she will not be manipulated into any procedures in the future. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the . Commission accept the highest vote gener in the November election to be seated as the fifth Commissioner after the election. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No being Commissioner Rudberg. 09-07-99 - 3 - Decision - variance from Section 16.16.010.H.. Bozeman Municical Code. to allow Allison Subdivision. Phase II. to be constructed as a 24-lot sinale-familv residential subdivision without a secondarv access in the NE% and SE%. Section 24. T2S. R5E. MPM - David Jarrett for Bon Ton. Inc. (south side of Morning Star School) (P-9926) This was the time and place set for the decision on the variance from Section 16.16.010.H. of the Bozeman Municipal Code, as requested by David Jarrett for the Bon Ton, Inc., under Application No. P-9926, to allow Allison Subdivision, Phase II, located in the Northeast one-quarter and Southeast one-quarter of Section 24, Township 2 South, Range 5 e East, Montana Principal Meridian, to be constructed as a 24-lot single-family residential subdivision without a secondary access. The subject property is located along the south side of Morning Star School. Senior Planner Dave Skelton gave an overview of the requested variance and the underlying project. He noted this variance is triggered by the application for the preliminary plat for Allison Subdivision, Phase II, which is pending the outcome on this decision. He stated the variance is to not require a secondary emergency access for this subdivision, which includes 24 single-family residential lots. He stated that staff has reviewed this application in light of the criteria set forth in the subdivision regulations, and the staff's comprehensive findings are contained in the written staff report. He indicated that the extension of Graf Street and temporary cul-de-sac is 520 feet in length, and the street will be extended with future phases of the subdivision. The intersection of Kagy Boulevard and South Third Avenue is at 60 percent of anticipated traffic. He noted that, based on concerns raised during the agenda meeting, staff has forwarded two conditions for consideration. Mayor Youngman noted that the conditions are what the Commissioners had requested and, with those conditions, she is willing to support this application. She stated, however, she is struggling with the attendant preliminary plat because she does not feel it is in the community's best interests to develop a parcel in small pieces without an overall master plan for that development. e Commissioner Smiley stated she is supportive of this application, recognizing that staff has worked with the landowners on the eventual extension of South 11th Avenue in conjunction with the development of this subdivision. No one was present to speak in opposition to the requested variance. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission approve the variance from Section 16.16.01 O.H. of the Bozeman Municipal Code, as requested by David Jarrett for the Bon Ton, Inc., under Application No. P-9926, to allow Allison Subdivision, Phase II, located in the Northeast one-quarter and Southeast one-quarter of Section 24, Township 2 South, Range 5 East, Montana Principal Meridian, to be constructed as a 24-lot single-family residential subdivision without a secondary access, subject to the following conditions: 1. A Level of Service (LOS) evaluation for the intersections of Wagon Wheel Road and Graf Street, and South Third Avenue and Graf Street shall be submitted with the preliminary plat application for Allison Subdivision, Phase II. 2. The approval of this variance shall only affect the subject Allison Subdivision, Phase II. A secondary access must be provided for any . subsequent future phase of the Allison Annexation tract. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Youngman; those voting No, none. 09-07-99 __________ u.._ - - -. -.-.- - 4 - Request from Bozeman Amateur Hockev Association (BAHA) for Dermission to use Bogert Pavilion. with refrigerated ice. for the 1999-2000 hockey season City Manager Johnson indicated that staff has no presentation in conjunction with this agenda item, and noted that this issue may need to be considered by the Recreation and Parks Advisory Board prior to the Commission taking action. Mr. Rich Deming, member of the Board of Directors for the Bozeman Amateur Hockey Association (BAHA), stated that, with the timing of the bid award for construction of the _ Haynes Pavilion at the Fairgrounds, the building will not be ready until Christmas or later; and the hockey association needs to be skating by November 1. As a result, he asked that the Commission grant BAHA a one-time, one-year extension for using Bogert Pavilion. He noted the pipes for refrigerated ice can be buried in sand; and the pipes and sand can then be moved to the Fairgrounds and used in the permanent set-up. He indicated that, to mitigate the noise from the compressors, they can be placed in an enclosed trailer or a temporary movable building. He stated the two sets of boards and glass will also help to mitigate the noise. If this request is not approved, BAHA will need to use the Fairgrounds, with no roof; and the result will be shoveling all winter. Commissioner Smiley stated her support for the proposal. Mayor Youngman noted that temporary versus permanent is an issue about which she is concerned, since adequate safeguards may not be provided for the neighborhood. Commissioner Frost stated he shares Mayor Youngman's concerns, noting that noise suppression is a key issue in relocation of the hockey rink. Mr. Deming stated the compressors are much smaller than those previously discussed, noting they are the same type used in normal neighborhood grocery stores. Mr. Bill Clinton, 216 Lindley Place, entered a letter into the record from Mr. and Mrs. e Deichmann, 226 Lindley Place. He stated there is definitely strong opposition toward this proposal from the neighborhood; however, his opposition is toward noise in general in the pavilion. He noted, in fact, some of the neighbors feel BAHA should rent ice time at Valley Ice Garden while others think they should shovel snow at the Fairgrounds. He indicated that, personally, he can accept allowing the hockey association to use the pavilion again this year. Commissioner Rudberg noted that, from the beginning, the Commissioners knew they were dealing with deadlines, and delays by the governmental entities involved have created the problem. She stated her support for the requested extension at the Bogert pavilion. City Manager Johnson suggested that the Commission could attach limits for noise and, if those limitations are exceeded, BAHA could be required to mitigate the noise or turn the compressors off. Responding to questions from Mayor Youngman, Mr. Jim Cannata, member of BAHA, stated that Joe Nelson guarantees a whisper jet generator will be adequate to operate the compressor to refrigerate the ice, so no electrical power will be required. He indicated that the compressor can be located wherever it needs to be to address neighborhood concerns. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission approve the Bozeman Amateur Hockey Association's (BAHA) use of the Bogert . Pavilion for one more year, conditioned on noise mitigation sufficient to preclude neighborhood complaints and, if complaints are received, that the noise will be further mitigated or the equipment shut off. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No, none. 09-07-99 . . n _ .___.__ ... ,."'-- - 5 - Ordinance No. 1502 - amendina Section 8.16.060 of the Bozeman Municioal Code to delete the orohibition aaainst burning solid waste Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1502, as approved by the City Attorney, entitled: ORDINANCE NO. 1502 e AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTION 8.16.060, DELETING THE PROHIBITION AGAINST BURNING SOLID WASTE TO ALIGN THIS SECTION OF THE CODE WITH CHAPTER 8.44. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that Ordinance No. 1502, amending Section 8.16.060 of the Bozeman Municipal Code by deleting the prohibition against burning solid waste, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Rudberg and Mayor Youngman; those voting No, none. Aoolication for Kennel License - Denise and Ferris Fett. 433 North 1 Oth Avenue - Calendar Year ~ Animal Control Officer Connie Lien noted that the three dogs at this location are all pets, and are spayed or neutered. She noted they have an adequate and large fenced yard, and the dogs are in the house most of the time. She stated the rabies vaccinations are up to date; no complaints have been received; and staff recommends approval of this application. No one was present to speak in opposition to the requested kennel license. . It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission approve the Kennel License requested by Denise and Ferris Fett for 433 North 10th Avenue for Calendar Year 1999. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Youngman; those voting No, none. Aoolication for Kennel License - Katherine Miller. 415 South 9th Avenue - Calendar Year 1999 Animal Control Officer Connie Lien stated the three dogs at this location are all spayed or neutered and are in the house 90 percent of the time. She stated that the yard is fenced; the rabies vaccinations are up to date; and no complaints have been received. No one was present to speak in opposition to the requested kennel license. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission approve the Kennel License requested by Katherine Miller for 415 South 9th Avenue for Calendar Year 1999. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No, none. . ADDlication for Kennel license - Twvla and James Sallv. 1307 Cherry Drive - Calendar Year 1999 Animal Control Officer Connie Lien stated the applicants have two adult dogs and are interested in acquiring a puppy. She noted that the yard is quite large and is clean; and no complaints have been received. She recognized that the new puppy is "an unknown quantity", but recommended Commission approval of this application. No one was present to speak in opposition to the requested kennel license. 09-07-99 - 6 - It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Commission approve the Kennel License requested by Twyla and James Sally for 1307 Cherry Drive for Calendar Year 1999. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Rudberg and Mayor Youngman; those voting No, none. ADDlication for Kennel License - Shelly Frank. 708 North Black Avenue - Calendar Year 1999 e Animal Control Officer Connie Lien stated this application is to allow seven large dogs on a very small lot. She has been unable to meet with the applicants, but has spoken to them on the telephone. She stated that, because of her concerns about the space on this site and because of concerns about cleanliness and complaints about barking, she recommends this kennel license not be approved. Ms. Shelly Frank, applicant, stated that, due to family circumstances, her family has moved from the country into town. She stated the dogs are old and are usually house, except for this past summer. Ms. Harriet Clark, 701 % North Black Avenue, stated her yard backs up to the subject property. She noted the dogs bark at anything that moves and, if the wind blows, she cannot stay in her back yard. Commissioner Smiley stated that, while she recognizes these animals mean a lot to the applicants, she realizes something needs to be done to mitigate the problems for the neighborhood. Mayor Youngman stated she could support a smaller number of dogs at this location, but it would need to be conditioned on bark collars and noise mitigation. e It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission not approve the Kennel license requested by Shelly Frank, 708 North Black Avenue, for Calendar Year 1999. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Youngman; those voting No, none. Public hearina - reauest from Animal Control Officer for revocation of Kennel License - Marilyn Hendry. 24 O'Connell Drive This was the time and place set for the public hearing on revocation of the Kennel license issued to Marilyn Hendry, 24 O'Connell Drive. Mayor Youngman opened the public hearing. Animal Control Officer Connie Lien characterized this as a difficult kennel situation, noting the applicant has had kennel licenses in different locations around the community over the past several years. She stated that, when the applicant moved into this new location, the chain link fence was inadequate and the applicant is replacing it with a white fence that has a significant amount of space between the bottom of the fence and the ground. As a result, she has had continual complaints about the dogs being at large over the past year. She indicated the requested revocation is based on the lack of an adequate fence and the number . of nuisance calls she has received. City Manager Johnson stated that, since Ms. Hendry is unable to be at this meeting, she asked him to forward her concerns. He noted that Ms. Hendry does not intend to keep the kennel license forever, particularly since two of the dogs are quite old and are "living day to day". Since there were no Commissioner objections, Mayor Youngman closed the public hearing. 09-07-99 --- ---- - - 7 - Commissioner Rudberg stated she has reviewed the minutes from the September 2, 1997, meeting, at which this kennel license was issued. She noted that, at that time, it sounded like the kennel license was to be only temporary; however, it continues and the conditions of approval have still not be met. She then indicated her concurrence with staff's recommendation for revocation. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission revoke the kennel license issued to Marilyn Hendry, 24 O'Connell Drive. The motion carried by the following Aye and No vote: those voting Aye being Commissioner _ Rudberg, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No, . none. Authorize Citv Manaaer to sian - Annexation Agreement with Ervin and Agnes Sukut - 2.574 acres described as the remainder of Baxter lane Subdivision No.1 in the E%. E%. SE%. SW%. Section 35. T1 S. R5E. MPM (northwest corner of Thomas lane and Baxter lane) Included in the Commissioners' packets were two versions of the Annexation Agreement with Ervin and Agnes Sukut for the annexation of 2.574 acres located at the northwest corner of the intersection of Thomas Lane and Baxter Lane. Commissioner Rudberg stated she cannot support an annexation agreement that includes a statement that if the court declares impact fees invalid, the property owner will still pay impact fees. Responding to questions from Commissioner Rudberg, Mr. Justin Buchanan, consulting engineer representing the applicant, stated the property owner signed both versions of the agreement to avoid a two-week delay in the annexation process. He noted the Planning staff had indicated they did not know which version of the agreement the Commission would approve, since it is split on this issue and there was the potential a fifth Commissioner would be appointed prior to acting on this item. He stressed the importance of expediting the . process, particularly since a site plan has been submitted for review and the church hopes to begin construction in the next two or three weeks. Mayor Youngman stated that the revised version of the agreement provides legal and fiscal protection to the City and the community. She stated it would be the "height of fiscal irresponsibility" to have the taxpayers bear 100 percent of the development costs of a site if the impact fees are not upheld by the court. Commissioner Rudberg noted that the Commission could call a moratorium and then create exactions as an alternative to the proposed additional language. She characterized the subject property as a good example of a parcel that should be annexed; however, she will not vote for the agreement with the additional language. Responding to Mayor Youngman, City Attorney Luwe stated that the additional language says that, when the property is annexed, the impact fees must be paid, irrespective of the outcome of the court case, unless the Commission grants relief. He characterized it as a "stop gap measure" to cover the period of uncertainty. Commissioner Frost stated he supports the option with the impact fee language, to ensure that development pays for itself. He noted that, in this instance, the applicant is willing to pay the fees, and that will allow them to proceed with their project. . Commissioner Rudberg stated she cannot support the annexation agreement with the additional language because it will result in all annexations between now and the settling of the lawsuit being subject to the same costs of annexation. She expressed concern that, as soon as the lawsuit is settled, annexations will be under a different set of rules, and that could lead to new lawsuits. Commissioner Frost recognized Commissioner Rudberg's concerns; however, he does not believe the added language will create any more risk to the City, while giving more protection to the taxpayers. 09-07-99 - 8 - It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Commission approve the Annexation Agreement with the language for impact fees contained in Items A through D under No. 13, and authorize and direct the City Manager to sign it. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No being Commissioner Rudberg. Commission Resolution No. 3315 - annexing 2.574 acres described as the remainder of Baxter _ lane Subdivision No.1 in the E'h. E'h. SE%. SW%. Section 35. T1S. R5E. MPM (northwest corner of Thomas lane and Baxter lane) (A-9901) Included in the Commissioners' packets was a copy of Commission Resolution No. 3315, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3315 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF A CERTAIN CONTIGUOUS TRACT OF lAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that Commission Resolution No. 3315, annexing 2.574 acres at the northwest corner of the intersection of Thomas Lane and Baxter Lane, be adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Youngman; those voting No, none. Ordinance No. 1503 - Zone MaD Amendment - from "RS" to "R-1" - Ervin and Agnes Sukut - 2.3639 acres described as the remainder of Baxter Lane Subdivision No.1 in the E%. E%. . SE %. SW%. Section 35. T1 S. R5E. MPM (northwest corner of Thomas lane and Baxter lanel (Z-9925) Included in the Commissioners' packets was a copy of Ordinance No. 1503, as approved by the City Attorney, entitled: ORDINANCE NO. 1503 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE BOZEMAN ZONE MAP'S ZONING DISTRICT DESIGNATIONS BY AMENDING THE ZONING DESIGNATION FROM "RS" (RESIDENTIAL--SUBURBAN COUNTRY ESTATES DISTRICT) TO "R-1 " (RESIDENTIAl--SINGlE-FAMll Y, lOW-DENSITY DISTRICT) ON 2.574 ACRES lOCATED IN THE EAST ONE-HALF OF THE EAST ONE-HALF OF THE SOUTHWEST ONE-QUARTER OF SECTION 35, TOWNSHIP 1 SOUTH, RANGE 5 EAST, M.P.M., GALLATIN COUNTY, MONTANA. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that Ordinance No. 1503, amending the zoning on 2.3639 acres located at the northwest corner of the intersection of Thomas Lane and Baxter Lane from "RS", Residential--Suburban Country Estates, to "R-1 ", Residential--Single-family, Low-density, 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 Rudberg, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No, none. Break - 4:58 to 5:05 D.m. Mayor Youngman declared a break from 4:58 p.m. to 5:05 p.m., in accordance with Commission policy. 09-07-99 -.-.-...- - 9 - Discussion re decision on West Babcock Street right-of-wav (between West Main Street and Valle v Unit Subdivision) Included in the Commissioners' packets were excerpts from the minutes of the Commission meetings held on May 24 and June 7, 1999. Mayor Youngman noted that when the Commission adopted the language in June that indicated support of fenceline to fenceline right-of-way, it was with the understanding that the e City could voluntarily buy additional right-of-way from consenting property owners to make the roadway fit. She stated a recent conversation with County Commissioners revealed that they feel the City Commission is hedging with that additional language, and they will not proceed with this project until the City Commission adopts more simple wording. She then noted that, at her request, Clerk of the Commission Sullivan did some research on this history of this project, and that history dates back to 1994. Responding to Commissioner Frost, City Engineer Craig Brawner stated he believes a safe road can be constructed in a fenceline to fenceline right-of-way. He stated that staff's support of this fenceline to fenceline alignment is with the understanding that, where the City already has 45 feet of right-of-way on one side of the road, 30 feet of right-ot-way will still be acquired on the other side of the road. He noted that, if that is not done, the result will be a serpentine roadway. As a result, he indicated that staff's caveats are (1) that, where the City has 45 teet ot right-of-way, the right-at-way on the opposite side ot the road will still extend to the tenceline and (2) that, for engineering reasons, it may be necessary to obtain temporary construction easements for catch slopes from the road to the adjacent private property. He also noted it is important to agree that the term "fenceline to fenceline" includes "connecting the dots" between the existing fences. He noted that much of that corridor is 60 feet wide, although the limiting point on the west end of the street is 58 to 59 feet wide. Staff Attorney Tim Cooper noted that, during previous consideration of this item, he was concerned that the City not preclude itself from any future use of its lawtul authority to acquire needed right-of-way for that roadway, particularly since the City is agreeing to the smallest . possible road at this time. Commissioner Frost stated that he feels the current road needs to be improved as much as possible at this time. He noted that, in twenty years, the entire area will be annexed; and the City can then take the steps to improve it further. He then indicated he is not interested in playing polities with the County Commission; he wants to see a safe road built. Responding to questions from Commissioner Rudberg, Mayor Youngman stated that the County Commission has indicated its only problem with the City Commission's previous motion was Item No.3. Commissioner Rudberg stated that, if No.3 is eliminated, she feels language should be added to ensure the survey is accurate. City Engineer Brawner cautioned against adding any caveats to the motion at this time, since doing so could result in another delay. He noted that, at this time, he projects the construction of the road improvements will not be until the 2003 construction season, it the right-of-way acquisition begins moving forward immediately. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Commission approve the fenceline to fenceline acquisition of right-of-way for West Babcock . Street between West Main Street and Fowler Avenue. based on the following assumptions: (1) that where fences do not exist, the right-of-way line will be determined by "connecting the dots" between existing fences; and (2) that where the City has acquired 45-foot-wide right-of- way on one side of the road, the right-of-way on the opposite side will still extend to the fenceline. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Rudberg and Mayor Youngman; those voting No, none. 09-07-99 ------. ..--.--.. .------.--. ---.---- . .--- -.....-.- - 10- ADDointment of citizen member to Water Oualitv District Board Included in the Commissioners' packets was a memo from Clerk of the Commission Sullivan indicating no applications have been received for this board. ADDointment to City Planning Board Following discussion on the various applicants, Mayor Youngman announced her _ appointment of Rich Noonan to replace MaryEllen Wolfe on the City Planning Board. with a term to expire on January 31, 2000. She noted that his architectural background and big picture planning perspective will be helpful on the Board. Discussion - Commissioner Droiects None of the Commissioners forwarded any comments under this agenda item. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1) Copy of a letter from Engineering Assistant Kerr to property owners near the intersection of North Church Avenue and East Lamme Street, dated August 20, regarding the installation of new stop signs. (2) Copy of the City's Y2K brochure for distribution to the public. (3) Letter from the County Commission, dated August 24, requesting refund of their . $500 contribution toward printing of the Y2K brochure. Copy of a letter from the City's Planning Department to the County's Planning (4) Department, dated August 20, inviting them to the Planning Board meeting to be held at 7:00 p.m. on Wednesday, September 8, in the Commission Room. (5 ) Letter of resignation from the City Planning Board, dated August 17, as submitted by Mary Ellen Wolfe. (6) Letter from US West Dex, dated August 31, forwarding the results of the 1999 Bozeman telephone book recycling program. (7) Newsletter from the Headwaters Recycling program, dated September 2, announcing that the next meeting is to be held on September 8. (8) Minutes from the City-County Board of Health retreat held on July 8, 1999. (9) Minutes from the City-County Board of Health meeting held on July 14, 1999. (10) Agendas for the Development Review Committee meeting which was held on August 31 and the meeting which was held at 10:00 a.m. today in the Commission Room. . (11 ) Agenda for the County Commission meeting which was held on August 31 , along with notification that, beginning today, their meetings will be held at 9:00 a.m. ( 12) Agenda for the County Commission meeting which was held at 9:00 a.m. today at the Courthouse. ( 13) Agenda for the City Planning Board meeting to be held at 7:00 p.m. on Wednesday, September 8, in the Commission Room. 09-07-99 ------- .---.--- n_ ~ --- - -... - 11 - (14) City Manager Johnson stated that the Department of Housing and Urban Development is looking at a new program, under which the entitlement communities for the Community Development Block Grant program would be expanded to include those with populations of 25,000 to 50,000. He indicated that, based on population, Bozeman would receive $325,000 annually under the entitlement program; and if Bozeman becomes an entitlement community, it will no longer be eligible to apply for grants of up to $400,000, like the one just received for the HRDC project. He noted, however, the entitlement monies could be used as collateral toward loans and, if the monies are used for economic development, the result could be greater income for the City. _ Mayor Youngman stated she likes the local control that could result from being an entitlement community; however, she noted it is important to assess the program and make sure the City would receive more monies, and not less, under the proposed change. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Acknowledge receiDt of reauest for annexation - James W. and Joanne B. Kack - 1.5 acres described as Tract C of an unnumbered survey Dlat on Page 492 in Book 135 of Deeds in the SE%. SE%. Section 31. T1S. R6E. MPM (871 Bridger Drive): refer to staff Acknowledge receiDt of request for annexation - Gene Cook for Roy T. Walton crODerty - 34.555 acres described as COS No. 2085. in the SE%. Section 2. T2S. R5E. MPM (between Durston Road and West Oak Street. east of Covered Wagon Mobile Home Park and west of the Gallatin County Rest Home): refer to staff Authorize City Manager to sign - Release and Reconveyance of Easement - to . SBA Partnershic - temDOrary Dublic access easement across Lot 2. Minor Subdivision No. 135 (north side of US Hiahway 191. east of Fowler Road) Authorize City Manager to sian - Public Street Easement - Castlebar Limited PartnershiD - easement varyina from 17 to 55 feet wide across Lot 3. Annie Subdivision. Phase II (rights of way for North 25th Avenue. North 27th Avenue and West Oak Street) Authorize City Manager to sian - Sewer and Water Pipeline and Access Easement and Agreement - Castlebar Limited PartnershiD - 30-foot-wide easements across Lot 3. Annie Subdivision. Phase II Commission Resolution No. 3316 - authorize City Manaaer to sian - Chanae Order No.1 for Oak Street between North 7th Avenue and North Rouse Avenue - JTL GrouD. Inc.. Belgrade. Montana - add $12.374.21 and 0 calendar days COMMISSION RESOLUTION NO. 3316 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING ALTERATION/MODIFICATION OF CONTRACT WITH . JTL GROUP, INC., BELGRADE, MONTANA. Commission Resolution No. 3317 - relating to $112.000 SDecial Sidewalk. Curb. Gutter and Alley Accroach Bonds. Series 1999: creating fund and Drescribina covenants of the City for the security thereof COMMISSION RESOLUTION NO. 3317 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO $112,000 SPECIAL SIDEWALK, CURB, GUTTER AND 09-07-99 ._ ___._____.____.______u ____ --- -------- - .. -...--..,,--- -- .. .-.-.....-. - 12 - ALLEY APPROACH BONDS, SERIES 1999; CREATING SPECIAL SIDEWALK, CURB, GUTTER AND ALLEY APPROACH FUND AND PRESCRIBING COVENANTS OF THE CITY FOR THE SECURITY OF THE HOLDERS OF THE BONDS. Ratify City Manager's sionature on aDDlication to Montana Arts Council for grant on behalf of Bozeman Symphony Authorize Mayor to sign - letter of SUDDOrt for HRDC's construction of a - transitional dUDlex for homeless families as consistent with local reaulations and that the City is willina to serve as the Environmental CertifYing Officer for the Droiect Authorize Mayor to sign - Findinas of Fact and Order - amendment of conditions of aDcroval for Bridaer Peaks Town Center (21.43 acres. comDrised of eleven lots in two Dhases. at the northeast corner of the intersection of North 19th Avenue and West Oak Street) Authorize Mayor to sign - Findings of Fact and Order - Dreliminary Dlat for Baxter Creek Business Park PUD Subdivision (subdivide 17.56 acres into 8 tracts for commercial develoDment) (north side of US Hiahway 191 at western edoe of Valley West Annexation) ExemDtion from subdivision review - ChristoDher Passano - relocation of common boundary between Lots 5A. SA and 7A and Lot 2A-1. Corcoran's Rearrangement of Blocks 3. 4. 5 and S of the Werre Rearranaement of the West Side Addition (northeast corner of South 15th Avenue and West Koch Street) (Ep9912) ADDlication for Beer and Wine License - Holiday Stationstore #305. 1951 Durston Road - Calendar Year 1999 . Building InsDection Division ReDort for July 1999 Claims It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Youngman; those voting No, none. Recess - 5:48 D.m. Mayor Youngman declared a recess at 5:48 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 D.m. Mayor Youngman reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings. . Decision p Droposed amendment to the master Dlan for Kirk Park. to allow for the construction of a skate Dark within the Dark This was the time and place set for the decision on the proposed amendment to the master plan for Kirk Park, to allow for the construction of a skate park within the park. Included in the Commissioners' packets was a copy of the Recreation and Parks Advisory Board recommendations, along with copies of letters received after the deadline for public testimony. 09-07p99 ..--..-..-.. -.--..--. - 13 - Commissioner Frost stated he wants to know where the boundaries of Kirk Park are actually located and where the skate park is proposed. Park Foreman Ron Dingman stated the land to the south of the trees and the sand pit are not on City property, noting that City staff discovered the location of the property line in conjunction with this application, and it actually runs diagonally along the trees. He stated the proposed skate park area encompasses the spruce trees and ash tree; and it is proposed those trees be incorporated into the design of the skate park. He noted that some of the junipers must either be moved or removed for the skate park. e Responding to Commissioner Frost. Park Foreman Dingman stated the general feeling is that the skate park should be like a playground, and should be located in an area where it is visible. Further responding to Commissioner Frost, Park Foreman Dingman stated the property between the spruce trees and Gibsons is privately owned by the Simkins family and, at the present time, they allow people to access Kirk Park through that property. Commissioner Frost stated he is concerned about the noise from the proposed skate park, noting this is one of the few parks where people can sit and watch the children play without excessive noise. He also expressed concern about the increased traffic, which will further impact a street that is already heavily impacted. He noted that, most of the time, Kirk Park is pastoral, with pick-up games of frisbee or soccer and possibly children playing on the equipment. He suggested that a location in the Fairgrounds, possibly close to Oak Street or close to the new pavilion, might be more appropriate. Commissioner Smiley stated the Fair Board and County Commissioners have indicated they do not want to put a skateboard area anywhere but in the northeast corner because of their master plan for development of the Fairgrounds. City Manager Johnson noted that the current skateboard ramp is located between the . baseball field and the parking lot, along the south side of Oak Street. He stated it will be close to one of the entrances into the Fairgrounds, and is immediately across the street from the Old Pea Cannery and an industrial area. He indicated that Mr. Gelder testified during the public hearing this is not a satisfactory location to the group. Commissioner Rudberg stated that both the Fair Board and the County Commission have indicated they are not interested in locating a skate park at the Fairgrounds. She then indicated that the MMIA insurance coverage is very clear about skate parks, avoiding the use of landscaping materials in the design and locating the facilities so there is a clear visual line from adjacent roadways. Mayor Youngman stated that both the City staff and the Recreation and Parks Advisory Board had difficulty in developing a recommendation for Commission consideration, noting she watched the momentum change in their meeting, at which the Board forwarded its recommendation on a 4 to 3 vote. She noted they tried hard to find another location, and were unable to resolve the concerns which had been raised. She noted that the Fairgrounds does not seem to be an option; the Bozeman Ponds is a site that has not been pursued; and wetlands may be an issue at the Recreation Complex. Commissioner Smiley stated the Recreation Complex is on the east side of town and would be difficult to reach for many young people; the location at the Fairgrounds is cramped . and would be difficult to reach; the Bozeman Ponds would also generate the same difficult trek; and Westlake Park has enough activities occurring in it. She characterized Kirk Park as the best location for children to access because it is more centrally located and is readily visible from the street, which is well used but not an arterial. Commissioner Rudberg stated it is important to hold the skate park as close as possible, not put it on the edge of the community. She characterized skate boarding as a freer kind of sport than many others. She noted that Kirk Park gets very little use, especially during the day; and she feels this proposed skate park location is appropriate. 09-07-99 ----........ - 14 - Commissioner Frost stated that if the skate park is located in Kirk Park, the City must take steps to mitigate the traffic impacts, at its own expense. He also noted the City should pay for moving of the trees. Commissioner Rudberg stated that steps need to be taken to accommodate the children, including a striped pedestrian crossing and a no parking area on both sides of the street. She also suggested that a two-hour limit be established along the west side of North 20th Avenue, and possibly along the east side of the street as well. She noted there is a large parking lot adjacent to the restrooms that is minimally used; and an area can be designated for dropping e children off. She cautioned that much of the traffic about which concern has been raised has nothing to do with the skate park. Commissioner Frost noted that crosswalks don't stop cars, as evidenced at the intersection of North 19th Avenue and Durston Road when the new interchange was opened and the traffic signal was not yet installed. Commissioner Smiley noted that the risk-taking youth are the one~ who do this type of sport. She characterized 85 to 90 percent of the youth as conformists, while the other 10 to 15 percent are the risk takers, who become the leaders of society. She noted there is a direct correlation between skateboarding and decrease in crime; and it is important for those youth to have a place to go for their activities. She concluded by stating she feels the skate park belongs in Kirk Park. Mayor Youngman stated she is struggling with locating the skate park at Kirk Park, noting that other locations, such as the Softball Complex or The Bozeman Ponds, have not been given adequate consideration. She recognized there is a down side to all possible locations, and concluded by noting that Kirk Park is a small park that is already master planned and developed near a residential neighborhood. Commissioner Rudberg stated she has driven by Kirk Park on a nearly daily basis, and has counted the number of cars and people in the park. She stated that, while she has seen . the facilities in the park being used on a limited basis, she has seen kids skating all over town, many of them in dangerous situations. Mayor Youngman noted everyone is committed to finding a location so construction of a skate park can begin next spring. She stated, however, that Kirk Park is a controversial area, since it is so close to a residential neighborhood. She noted that the Recreation Complex, although further away, can be made as safe, in an area that doesn't negatively impact a neighborhood; and any future neighborhood would be created with it already in place. She recognized that Kirk Park is closer to the middle of the community, but there are still many streets to be crossed to gain access to the park. The Mayor suggested that the Commission delay its decision for a period of two weeks, noting that with such a delay, she may be able to support locating the skate park in Kirk Park. She stated that, for Kirk Park, she is concerned about the potentially hazardous situation that could arise from small children playing on the swing set close to the skate park, with the potential that they might jump off the swing and down into the skate park. She suggested that, because of those concerns, it may be better to move the swing set to be nearer the other playground equipment. She stated her other main concerns are traffic calming and noise mitigation. She characterized the traffic on North 20th Avenue as "ceaseless", and suggested that some version of the traffic calming proposal forwarded a couple of years ago, possibly including an island, would help to ensure the safety of the children. She recognized that the . noise issues can be addressed through berming, suggesting that a well-designed berm could also provide a sledding hill in the winter. Commissioner Rud berg voiced concern about traffic calming on North 20th A venue when the issue before the Commission is skateboarding. Commissioner Smiley recognized the desire to protect the neighborhood around Kirk Park. She noted that staff has gone through a good process of ranking the various options for siting of the skate park; and she wants to help the community's children by assisting in the development of that facility. 09-07 -99 ----.-. --. .-------.. - 15 - Mayor Youngman stated that, if this were a new park in a new area, it would be a different situation; but this is an instance of changing a pattern of use in an established area. Commissioner Rudberg stated that park activities need to be spread throughout the community, citing the need to move activities out of Bogert Park as an example of what happens when that is not done. She also contended that parks are for children, and asked what conditions could be imposed that would make the skate park acceptable. Mayor Youngman stated that moving the swings, addressing the Recreation and Parks e Advisory Board's concerns, traffic calming, noise mitigation, hours of operation and meeting the insurer's requirements are key issues. Commissioner Frost stated he is concerned about the neighborhood and the children and whether Kirk Park is the best location. He then voiced his support for delaying this decision for a period of two weeks, to work on possible conditions. Responding to Commissioner Rudberg, Mr. Tom Gelder stated that the skate park will comply with insurance coverage requirements and will be done in a manner that does not negatively impact the current appearance of the park. He indicated that the issues raised by Mayor Youngman are ones with which they can live, pledging that if the Kirk Park location is approved, they will work with the City to ensure mitigation of the different issues. He then characterized this as a multi-step process, with the initial approval being only the first step. Responding to City Manager Johnson, .Mayor Youngman indicated she can have rough language for possible conditions ready tomorrow for staff review and response. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the decision on this item be tabled to 7:00 p.m. on Monday, September 20. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No, none. . Public hearing - COA with deviations from Sections 18.50.050 and 18.50.120 of the Bozeman Municical Code. to allow detached two-car <<;Jaraae and second story auest room that encroaches 7% feet into 10-foot rear yard setback and allow reduction in turning radius from 26 feet to 22% feet on Lots 16. 17 and 18. Block 5. Butte Addition - James and Claudia Boddv. 916 South Third Avenue (Z-99107) This was the time and place set for the public hearing on the Certificate of Appropriateness requested by James and Claudia Boddy, under Application No. Z-99107, with deviations from Sections 18.50.050 and 18.50.120 of the Bozeman Municipal Code, to allow a detached two-car garage and second story guest room that encroaches 7 % feet into the 10- foot rear yard setback and allow reduction in turning radius from 26 feet to 22 Y:z feet on Lots 16, 17 and 18, Block 5, Butte Addition. The subject property is known as 916 South Third Avenue. Mayor Youngman opened the public hearing. Historic Preservation Planner Derek Strahn presented the staff report. He stated that this application is for the construction of a 624-square-foot, two-car garage with a second story guest room. He indicated that, as a result of concerns voiced by staff, the applicants have agreed to pull the garage back from the alley property line, thus requiring a deviation for . encroachment into a portion of the rear yard setback, and have agreed to scale down the height. He stated that staff is supportive of the redefined proposal, and is requesting that revised drawings be provided prior to drawing of a building permit. He briefly highlighted the conditions, noting that some of them are designed to ensure that this unit remains a guest room and does not become a full-fledged residence without additional reviews. The applicants were present and indicated a willingness to respond to questions. No one was present to speak in opposition to the requested deviations. 09-07-99 - 16 - Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Commission approve the Certificate of Appropriateness requested by James and Claudia Boddy, under Application No. Z-99107, with deviations from Sections 18.50.050 and 18.50.120 of the Bozeman Municipal Code, to allow a detached two-car garage and second story guest room . . that encroaches 7 Y:z feet into the 10-foot rear yard setback and allow reduction in turning _ rad ius from 26 feet to 22 Y, feet on Lots 16, 1 7 and 18, Block 5, Butte Addition, subject to the following conditions: 1. Given the restrictions imposed upon this R-2, "Residential--Single-Family Medium-Density District, II the proposed upper level guest quarters shall meet the definition of Guest House, as outlined in Section 18.04.800 of the 1999 interim zoning ordinance. In particular: A. The proposed guest house shall never be rented or offered for rent; and B. The proposed guest house shall not contain cooking facilities. 2. Should the owners desire to add cooking facilities at some future date, they must first apply for and receive Conditional Use Permit approval for the creation of an Accessory Dwelling Unit, as per the requirements outlined in Section 1'8.50.020.12 of the 1999 interim zoning ordinance. Without such approval, any guest house provided cooking facilities shall be considered an illegal dwelling unit in this R-2 zone. 3. Given that the owners have made slight modifications to the location and appearance of their proposal as originally submitted to the City of . Bozeman, the applicant shall provide revised elevation drawings and a revised site plan for the review and approval of the Office of Planning and Community Development prior to the issuance of a building permit. 4. The applicant shall obtain a building permit within one year of Certificate of Appropriateness approval or this approval shall become null and void. 5. 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 interim zoning ordinance. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Rudberg and Mayor Youngman; those voting No, none. Public hearing - Conditional Use Permit - Mona Stenbera for Buz Cowdrey - allow conversion of former radio transmission facilitv on lot 1. Bovlan's Addition No.1. into youth day treatment . center (Children's Comcrehensive Services) (1450 West Kaav Boulevard) (Z-9999) This was the time and place set for the public hearing on the Conditional Use Permit requested by Mona Stenberg for Buz Cowdrey, under Application No. Z-9999, to allow conversion of the former radio transmission facility on Lot 1, Boylan's Addition No.1, into a youth day treatment center. The subject property is more commonly known as 1450 West Kagy Boulevard. Mayor Youngman opened the public hearing. 09-07-99 ...- --------.--.-- . ...-----.---.. - 17 - Assistant Planner Therese Berger presented the staff report. She stated the subject property is the former KXXL radio station and, under this proposal, it is to be converted into a youth day treatment center. She stated that staff has reviewed this application against the criteria set forth in the zone code, and staff's comprehensive findings are contained in the written staff report. She stated that, based on those findings, staff recommends approval subject to fifteen conditions. Responding to Commissioner Smiley, Ms. Mona Stenberg, applicant, indicated there is _ a lot of wasted space at their existing location. She stated the space in the old radio station is adequate, and they will be able to have classrooms with windows. Mr. Lowell Springer, architect representing the applicant, noted this is the second application for re-use of the old radio station, and reminded the Commission that the previous application was for a day care center. He indicated that all of the questions and concerns voiced by staff as a result of that review have been addressed; and concluded by indicating a willingness to respond to questions. No one was present to speak in opposition to the requested Conditional Use Permit. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. Responding to questions from Commissioner Frost, Assistant Planner Berger stated that the conditions include the requirement for road easements because right-of-way dedications are obtained during the subdivision process. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission approve the Conditional Use Per"mit requested by Mona- Stenberg for Buz Cowdrey, under Application No. Z-9999, to allow conversion of the former radio transmission facility on Lot 1, Boylan's Addition No.1, into a youth day treatment center, subject to the following conditions: . 1. The final site plan must: a) be adequately dimensioned; b) eliminate all references to day care center activities; c) accurately depict the location of fire hydrants, water and sewer mains, and water and sewer services; d) eliminate provisions. for curb and gutter along Kagy Boulevard; and e) show all existing utility and other easements. Note: The existing water main in front of the building is 12 inches rather than 8 inches as shown. Existing easements not shown include the 3D-foot Montana Department of Transportation drainage easement along Kagy Boulevard and the 30- foot Willow Way street and utility easement. 2. An easement for the future extension of State Street (30 feet along the southern property boundary) shall be granted to the City prior to final site plan approval. 3. The applicant shall record with the County Clerk and Recorder's Office executed Waivers of Right to Protest Creation of Special Improvement Districts (SIDs) for the following: a) street improvements to West Kagy Boulevard including paving curb/gutter, sidewalk and storm drainage; b) intersection improvements and signalization of Kagy Boulevard/South 19th Avenue; and c) intersection improvements and signalization Kagy . Boulevard/South 11 th Avenue. The document filed shall specify that in the event SIDs are not utilized for the completion of these improvements, the applicant 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. 09-07-99 - 18 - 4. The configuration of the off-street parking shall comply with Section 18.50.120, unless a deviation or variance is granted by the governing body, including parking stall dimensions, drive aisle widths, lot surfacing and curbing. Note: The minimum width for two-way driving aisles is 26 feet. 5; The structure's domestic water service is provided by a well. The proposed domestic City water service will require an application and e deposit at the Building Division for the City of Bozeman to extend service from the existing 12-inch water main in Kagy Boulevard. The service line from the curb stop to the building must be installed by a licensed plumber and inspected and approved by the Water/Sewer Department. 6. The extension of City sewer from the dead end manhole in the Stadium Center project to the east is subject to review and approval of the City Water and Engineering Departments. A City of Bozeman application for service shall be made at the Building Division. 7. The existing septic tank shall either be removed or properly abandoned prior to occupancy of the building. 8. A Stormwater Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease, and other pollutants must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations), stormwater retention basin details (including basin sizing calculations), and a stormwater maintenance plan. Note: That while the volume calculation is correct, the required volume is not available using the pond dimensions provided. 9. Landscaping must comply with the mandatory landscaping requirements . and obtain a minimum of 15 points under Sections 18.50.100.0.5 and 0.6. An artificial lot, approved by the Planning Director, can be designated for the purposes of landscaping and irrigation. The final landscape plan must: a) delineate an acceptable artificial lot boundary for the purposes of landscaping; b) show how permanent irrigation of the artificial lot will'occur per Section 18.50.100.D.5.i; and c) be prepared and certified by a registered Montana landscape architect, an individual with a degree in landscape design and 2 years of professional design experience, or an individual with a degree in a related field and at least 5 years of professional design experience per Section 18.50.100.D.3.c. 10. The final site plan shall show the location for, and a detail of, any proposed wall-mounted and/or signage lighting. Lighting standards used to illuminate parking areas shall not exceed 20 feet in height. Lighting . must be arranged to deflect light down and away from adjoining properties and must not detract from driver visibility on adjacent roads per Sections 18.50.035.A and 18.50.120.B.9. 11. Any proposed signage must comply with Section 18.65. The proposed monument sign shall not exceed 32 square feet and 5 feet in height. It must be located on-site, a minimum of 5 feet from the property line. Prior to the installation of any signage, the applicant must obtain a sign permit from the Planning Office. Any illuminated signage may only be illuminated 09-07 -99 ---..---. -,,-- . ..-...-.--- -....-..-...-... - 19 - during the hours of operation per Section 18.65.070.C.3.c (Ordinance No. 1468) . 12. The right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure. 13. All of the special conditions shall constitute restrictions running with the e land, shall be binding upon the owner of the land, his successors or assigns, and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval, or commencement of the use. 14. All of the conditions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or assigns. 15. All of the special conditions attached to this Conditional Use Permit shall be consented to in writing by the applicant prior to commencement of the use. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Youngman; those voting No, none. Public hearina - preliminarv Dlat for Advanced Technologv Park 2nd Minor Subdivision - subdivide lot 5. Block 3. Advanced Technoloav Park Subdivision into two lots. to create a 3.19-acre business Dark/commercial lot and a remainder Darcel (northwest corner of West Garfield Street and Research Drive) (P-9930) . This was the time and place set for the public hearing on the preliminary plat for Advanced Technology Park 2nd Minor Subdivision, requested by Morrison-Maierle for Advanced Technology, Inc., under Application No. P-9930, to subdivide 57.71 acres described as Lot 5, Block 3, Advanced Technology Park Subdivision into two lots, to create a 3.19-acre business park/commercial lot and a remainder parcel. The subject property is located at the northwest corner of West Garfield Street and Research Drive. Mayor Youngman opened the public hearing. Senior Planner Dave Skelton presented the staff report. He stated this application is for a one-lot minor subdivision, to subdivide a 57. 71-acre parcel into a 3.19-acre lot and a remainder parcel that will be further subdivided at a later time. He noted this is a second or subsequent subdivision from a tract of record, which triggers the public hearing process for this minor subdivision. Senior Planner Skelton stated that staff has reviewed this application against the six criteria set forth in the subdivision regulations, and staff's comprehensive findings are contained in the written staff report. He briefly summarized those findings and recommendation for approval, subject to thirteen conditions. He indicated that the City Planning Board conducted its review of this application at its August 17 meeting and, following that review, concurred in staff's recommendation for approval. . Mr. Lowell Springer, architect representing the applicant, indicated concurrence with the staff report. He noted that this application is identical to the preliminary plat approved several years ago, but that approval has since expired. No one was present to speak in opposition to the proposed minor subdivision. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission approve the preliminary plat for Advanced Technology Park 2nd Minor Subdivision, requested by Morrison-Maierle for Advanced Technology, Inc., under Application No. P-9930, 09-07-99 - 20 - to subdivide 57.71 acres described as Lot 5, Block 3, Advanced Technology Park Subdivision into two lots, to create a 3.19-acre business park/commercial lot and a remainder parcel, subject to the following conditions: 1. That no access to this lot from the partially dedicated (32 ~ -foot) Garfield Street will be allowed until the full 65-foot right-of-way adjacent to this lot is dedicated and the street is fully constructed. The full 65-foot right-of- way and construction of Garfield will be required with any future phases - of the Advanced Technology Park. Similarly, no access will be allowed to this lot from Technology Boulevard South until the right-of-way adjacent to this lot is dedicated and the street is fully constructed. It is recommended that a statemen~ to this effect be required on the final plat. 2. Technology Boulevard South is not currently dedicated to the west of Research Drive and should not be shown as such on the final plat. 3. The location of existing water and sewer mains shall be properly depicted on a supplemental document attached to plat, not on the final plat, for review and approval by the City Engineer's Office. The plat submitted does not accurately depict the existing mains. 4. The Montana Fish, Wildlife and Parks, S.C.S., Montana Department of Environmental Quality and Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (Le., 310, 404, Turbidity exemption, etc.) shall be obtained prior to final plat approval. 5. Easements shall be provided on the lot in accordance with Section 16.14.050.B. of the Bozeman Area Subdivision Regulations. Utility easements, a minimum of twenty (20) feet wide, situated on side and rear property lines for all subdivision lots, shall be depicted on the final plat for review and approval by the Planning Office prior to final plat approval, . unless till utility agencies provide written documentation that said utility easements are not necessa.ry. 6. The drainage master plan for the original Advanced Technology Park called for the discharge from the stormwater detention pond for this lot be directed to the west through an easement to the ditch. This easement shall be provided with the final plat for this subdivision, and any subsequent development on the lot will be required to construct a swale to direct the stormwater from the lot to the ditch. Final siting and sizing for the storm drain pond for this lot will occur with the final site plan for any development on this lot. 7. That the final plat shall comply with Section 16.10.030 of the Bozeman Area Subdivision Regulations, and shall include all appropriate documents, certificates, and be accompanied by all appropriate documents, including a Platting Certificate. Two mylar and two clothback copies of the final plat must be submitted for final plat approval, along with a digital copy of the final plat, on a double sided, high-density 3 ~ -inch floppy disk. 8. That the applicant o bta i n Montana Department of Health and Environmental Sciences approval of the subdivision prior to final plat . approval pursuant to Section 16.16.101 through 16.16.805. A.A.M. 9. That all wetlands located within the boundaries of said property be identified on the final plat for review and approval by the City Engineer's Office and Army Corps of Engineers prior to final plat approval. 10. That the applicant provide a written narrative stating that the proposed subdivision will not interfere with any agricultural water user facilities and that no irrigation ditches for downstream water rights currently exist on 09-07-99 . --..--- - 21 - said property for review and approval by the Planning Office prior to final plat approval. 11. That the developer shall enter into an Improvements Agreement 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 installation of all improvements, the developer shall supply the City of Bozeman with an - acceptable method of security equal to one hundred fifty (150) percent of the cost of the remaining improvements. 12. That the developer shall have three (3) years from the date of preliminary plat approval to complete the conditions of preliminary plat approval and apply for final plat approval. 13. That the applicant submit with the application for final plat review a written narrative stating how each of the above conditions of preliminary plat approval have been satisfactorily addressed. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No, none. ApDointment to City Planning Board (continued) City Attorney Luwe stated that, in response to questions raised during the afternoon session, he reviewed the ordinance creating the City Planning Board, and found it only requires that the Mayor seek the concurrence of a majority of the Commissioners. Mayor Youngman stated that she has sought concurrence on her appointment and, . although she has not obtained it, her appointment of Rich Noonan to replace Mary Ellen Wolfe stands. Commissioner Rudberg voiced her concern about this appointment, noting the previous Mayors would not have made an appointment without concurrence from the Commissioners. FYI Items (continued) (15) City Manager Johnson distributed copies of a proposed cost share agreement, drawing the Commissioners' attention to the cost split on Page 5. He noted that the need to improve North 19th Avenue and signalization of its intersections with Baxter Lane and West Oak Street have been discussed for years. He stated that former Director of Public Service Phill Forbes worked with representatives from the Montana Department of Transportation to develop a package, rather than a piecemeal approach to addressing the needs of that street, and that package includes geometries and signals. He stated that, to avoid the federal processes in the project, the signal at West Oak Street was eliminated from the previous project. He noted that that signal plus the geometries and traffic signal at Baxter Lane are now moving forward, particularly since several projects, including Bridger Peaks, Castlebar and Rose Park, hinge on installation of the signal at West Oak Street" He stated that $155,000 in impact fees was earmarked for the project; and those funds have now been frozen. He noted that the costs of . these improvements has risen to $1 million; and the developers are now at a breaking point, particularly since those involved in Gallatin Center have pulled out of the agreement. He also noted that federal guidelines require that all paving be done by October 15; and JTL has made a commitment to widen North 19th Avenue by two lanes and take out the tilt at Baxter Lane. He indicated that the bids for the traffic signals can then be opened and awarded by the State in November, with a December 31 completion date. He identified some funding options on which the City might draw to help fund this' project, including transportation bond monies, urban transportation funds and possibly an MdoT pilot program. He concluded by asking if the Commission wishes to put urban dollars into the second signal. He cautioned that with the 09-07-99 -.-..- ....---.. ~ 22 - construction of turn lanes, studies may reveal a traffic signal at Baxter will not meet warrants; however, a perceived public safety issue will probably remain. Responding to Commissioner Rudberg, the City Manager stated he wants the State to indicate in writing whether urban monies can be used for installation of a traffic signal that may not meet warrants, recognizing it as a political problem and a perception problem. Further responding to Commissioner Rudberg, the City Manager indicated that if the Commission chooses to use some of the City's urban funds for the Oak Street signal, he must e ask that the Transportation Coordinating Committee make it a priority. He stressed that Friday is the drop dead date for this project, to ensure the street improvements are completed by October 15. Commissioner Rudberg characterized North 19th Avenue as a very heavily used road in the community; and she is concerned about the safety of that road if these improvements are not made. Responding to Commissioner Frost, the City Manager stated that, under the proposed spread of costs, the City will incur approximately $430,000 of the $1 million project. He indicated the former Director of Public Service felt at least half of the traffic using the street is community traffic, using that entrance tQ the community and to Montana State University. As a result, he suggested that level of contribution from the City would be appropriate. The City Manager then reminded the Commission. that additional improvements along North 19th Avenue will include a traffic signal at Tschache Drive and improvements at the intersection of Durston Road. Responding to Commissioner Frost, the City Manager indicated he does not need an official vote until later; however, he would like an indication from the Commissioners about this proposed cost share agreement by the end of the week. Responding to comments and questions from the Commissioners, Assistant City . Manager Ron Brey stated that specific projects typically generate a small percentage of the traffic on main arterial streets in the community, so their prorate share of street improvements is very small. He stated, however, that urban funds are often used for capacity expanding projects; and use of those funds for these improvements would be consistent with that policy. Commissioner Frost stated that, if the City uses its urban funds for a portion of this project and then loses impact fees, it will encounter problems. Mayor Youngman stated she shares Commissioner Frost's concerns; however, she also finds the public safety hazards not acceptable. She indicated that she will support the project because of those concerns, but she does not like spending the City's monies on it. City Attorney Luwe suggested that a special meeting be called for next week to ratify the City Manager's signature on the agreement if necessary. ( 16) Assistant City Manager Brey stated the City received notice on Friday that the application for $400,000 for the Armory project was successful. (17) Commissioner Smiley submitted the following. (1) Enjoyed the computer pioneer awards. (2) Called Jeff Rupp about the letter on the HOME application for the duplex. (3) Noted with interest the letter from Gallatin County regarding the Y2K issue. . ( 18) Commissioner Rudberg submitted the following. (1) Noted that the City's $30 million budget includes an $8,000 grant from the Montana Cultural Trust Fund and asked how much more runs through the budget that is not the City's. (2) Encouraged Mayor Youngman to educate the Health Board about the fact that Bozeman residents also live in the county and pay taxes. (3) Noted several different proposals have been forwarded for use of the East Willson School, including Prevent Child Abuse, elderly housing, and Headstart. (4) Noted that the City will incur a significant expense in the sidewalk program this year, citing this as another example of what the City taxpayers pay for. 09-07-99 ----- -.-----.---. .-.--- .---------- - 23 - ( 19) Mayor Youngman submitted the following. (1) Stated she has talked to Commissioners Rudberg and Smiley about the process for evaluating Clerk of the Commission Sullivan. She recognized the form needs to be revised to create a more effective evaluation tool, suggesting that the existing form be used this time, with additional comments at the bottom. Commissioner Rudberg indicated she will not turn in a form, but will bring it on the night of the evaluation. e City Manager Johnson noted that the Commission typically sets the salaries of the City .. Manager and the Clerk of the Commission at the same time, and those are the two outstanding salaries for this fiscal year. Adjournment - 9:20 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 Rudberg and Mayor Youngman; those voting No, none. .~ MARCIA B. YOUN~tcr ATTEST: ()~ oi~ . ROBIN L. SULLIVAN . Clerk of the Commission - . 09-07-99 - - --.-----