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08-06-12 Packet
Table of Contents Agenda 4 June 11, 2012 06-11-12 RM (su)8 June 18, 2012 06-18-12 RM (ak)20 June 25, 2012 06-25-12 RM (su)33 Authorize Payment of Accounts Payable Claims Claims Memo 47 Authorize City Manager to sign Amendment No. 1 with Morrison Maierle for the Water Renovations Field Survey Project Commission Memo 48 Amendment No. 1 49 Authorize City Manager to sign Amendment No. 4 with Great West Engineering for Engineering Services for the 2008 Sewer Rehabilitation Project Commission Memo 62 Amendment No. 4 63 Authorize City Manager to sign J&D Family GM Dealership Access & Utility Easement Commission Memo 70 Easement Document 71 Accept the Building Inspection Division 4th Quarter Report Commission Memo- Building Division FY12 4th Quarter Report 74 Accept a grant of Trail Easement on property owned by Gallatin Valley Mall, Inc., to connect the Bozeman West Side Trail with the Bozeman Pond trail system; and enter into a Construction Agreement for the construction of said trail in partnership with Gallatin Valley Land Trust Full PDF of Mall Easement 79 Appoint Deputy Mayor Krauss and Commissioner Mehl to review pledged securities as of June 30, 2012 Commission Memorandum - Pledged Securities - Appoint Sub-Committee 0612 100 Ratify City Manager's signature on the 2012 Water Renovations Project Notice of Award to Johnston Excavating, Inc. Commission Memo 101 Notice of Award 103 Bid Tab 104 Finally Adopt Ordinance No. 1833, amending Bozeman Municipal Code (BMC) 2.03.540 related to gifts, gratuities and favors and amending BMC 2.03.600.A.14 related to attendance at the Charter required annual ethics training Memo re Final Adopt Ord 1831 Gifts 105 Ord 1831 Final Adopt re Gifts 107 1 June 25 12 Comm Materials re Gifts 113 Gallatin County Fairground's Haynes Pavilion Expansion Site Plan with Exemptions Public Hearing, Project No. Z-12143 Z12143.haynespavilion.sp.exemp.ccmemo 131 Haynes Pavilion Expansion Site Plan - Applicant's Design Materials 133 Haynes Pavilion Expansion Site Plan Applicant's Response to MOA Items 171 Kirk Annexation Request for 1.92 acres on the 100 block of Gibson Drive, Application No. A-12005 A12005 Kirk Annexation, CC Cover Memo 174 A12005 Kirk Annexation, Staff Report 176 A12005 Kirk Annexation, Future Land Use Map 184 A12005 Kirk Annexation, Staff Zone Map 185 A12005 Kirk Annexation, Application 186 A12005 Kirk Annexation, Applicant's Annex Exhibit Map 190 A12005 Kirk Annexation, Annexation Map 191 Kirk Zone Map Amendment Request for R-1 at the 100 block of Gibson Drive, Application No. Z-12091 Z12091 Kirk ZMA, CC cover memo 192 Z12091 Kirk ZMA, Staff Report 194 12091 Kirk ZMA, Applicant;s ZMA Exhibit 207 12091 Kirk ZMA, Applicant's ZMA Map 208 Z12091 Kirk ZMA, Zoning Commission Resolution 209 Z12091 Kirk ZMA, Zoning Commission Mintues 211 Z12091 Kirk ZMA, Application 219 South Wallace Zone Map Amendment, Application No. Z-12122 South Wallace ZMA - CC Memo 223 South Wallace ZMA - Staff Report 227 South Wallace ZMA - ZC Resolution 240 South Wallace ZMA - ZC Minutes 242 South Wallace ZMA - Public Comment 248 Fresco Cafe Creekside Conditional Use Permit and Certificate of Appropriateness, 317 East Mendenhall Street, Application No. Z-12150 (Quasi-Judicial) Commission Memo 250 Staff Report 252 Fresco Cafe Creekside CUP/COA Applicant's Materials 264 Resolution No. 4389, Establishing Tree Maintenance District Assessments for Fiscal Year 2013 Commission Memorandum - Tree Maintenance Dist FY_13 289 Resolution 4389 Tree Mtc Assessments_FY13 290 Decision on Written Protests for Modification of North 7th Avenue Special Improvement Lighting District No. 460 Commission Memorandum 293 Mayoral Appointment to the Public Library Board of Trustees 2 07-12 Library Board of Trustees Appointment 296 Cover Letter- John Gallagher 297 Gallagher (partial) Library app, 7-12 298 Resume-John Gallagher (partial)299 Stahl (partial) Library app, 11-11 300 (Re)Appointments to the Bozeman Tourism Business Improvement District Board of Trustees 08-06-12 BTBID Advisory Board reappointments 301 Ash (partial) app, TBID, 7-12 - final 302 Butler (partial) app, TBID, 7-12 304 Ferrell (partial) app, TBID, 7-12 306 Kuhlman (partial) app, TBID, 7-12 308 Reappointments to the Community Affordable Housing Advisory Board 08-06-12 Commun. Afford. Housing Appointment 310 Howe (partial) CAHAB app, 6-12 312 Kesting (partial) CAHAB app, 7-12 313 (Re)appointments to the Community Alcohol Coalition 08-06-12 Community Alcohol Coalition appointment 314 Caplette, CAC (partial) app, 7-12 316 McGinley, app, (partial) CAC, 7-12 317 3 1 of 4 THE CITY COMMISSION MEETING OF BOZEMAN, MONTANA AGENDA Monday, August 6, 2012 A. Call to Order – 6 p.m. – Commission Room, City Hall, 121 North Rouse B. Pledge of Allegiance and a Moment of Silence C. Changes to the Agenda D. Public Service Announcement – Introduction of New Parks and Recreation Director Mitch Overton (Kukulski) E. Minutes – June 11, June 18 and June 25, 2012 Consider the motion: I move to approve the minutes of June 11th, 18th and 25th, 2012 as submitted. F. Consent 1. Authorize Payment of Accounts Payable Claims (LaMeres) 2. Authorize City Manager to sign Amendment No. 1 with Morrison Maierle for the Water Renovations Field Survey Project (Murray) 3. Authorize City Manager to sign Amendment No. 4 with Great West Engineering for Engineering Services for the 2008 Sewer Rehabilitation Project (Murray) 4. Authorize City Manager to sign J&D Family GM Dealership Access & Utility Easement (Murray) 5. Accept the Building Inspection Division 4th Quarter Report (Risk) 6. Accept a grant of Trail Easement on property owned by Gallatin Valley Mall, Inc., to connect the Bozeman West Side Trail with the Bozeman Pond trail system; and enter into a Construction Agreement for the construction of said trail in partnership with Gallatin Valley Land Trust (White) 7. Appoint Deputy Mayor Krauss and Commissioner Mehl to review pledged securities as of June 30, 2012 (Clark) 8. Ratify City Manager's signature on the 2012 Water Renovations Project Notice of Award to Johnston Excavating, Inc. (Murray) 4 Bozeman City Commission Agenda for August 6, 2012 2 of 4 9. Finally Adopt Ordinance No. 1833, amending Bozeman Municipal Code (BMC) 2.03.540 related to gifts, gratuities and favors and amending BMC 2.03.600.A.14 related to attendance at the Charter required annual ethics training (Sullivan) Consider the motion: I move to approve consent items F 1-9 as submitted. G. Public Comment - Please state your name and address in an audible tone of voice for the record. This is the time for individuals to comment on matters falling within the purview of the Bozeman City Commission. There will also be an opportunity in conjunction with each agenda item for comments pertaining to that item. Please limit your comments to three minutes. H. Other Public Hearing 1. Gallatin County Fairground's Haynes Pavilion Expansion Site Plan with Exemptions Public Hearing, Application No. Z-12143 (Bristor) I. Action Items 1. Kirk Annexation Request for 1.92 acres on the 100 block of Gibson Drive, Application No. A-12005 (Skelton) Consider the motion: Having heard and considered public testimony, application materials and the staff analysis and findings, I move to approve annexation application A-12005, with the eight terms listed on pages 2 & 3 of the staff report, and direct staff to prepare an annexation agreement. 2. Kirk Zone Map Amendment Request for R-1 at the 100 block of Gibson Drive, Application No. Z-12091 (Skelton) Consider the motion: Having heard and considered public testimony, application materials and the staff analysis and findings, I move to approve the R-1 zone map amendment request for application Z-12091, with the four recommended contingencies listed on page 2 of the staff report, and direct staff to prepare an ordinance for the zone map amendment. 3. South Wallace Zone Map Amendment Request for B-3, Application No. Z-12122 (Riley) Consider the motion: Having heard and considered public testimony, application materials and the staff analysis and findings, I move to approve the B-3 zone map amendment request for application Z-12122 with the three recommended contingencies listed on page 2 of the staff report. 5 Bozeman City Commission Agenda for August 6, 2012 3 of 4 4. Fresco Cafe Creekside Conditional Use Permit and Certificate of Appropriateness, 317 East Mendenhall Street, Application No. Z-12150 (Quasi-Judicial) (Bristor) Consider the motion: Having reviewed application materials, considered public comment, and the staff analysis and findings, I move to approve the Fresco Café Creekside Conditional Use Permit and Certificate of Appropriateness application Z- 12150, incorporating by reference the findings and recommended conditions in the staff report. 5. Resolution No. 4389, Establishing Tree Maintenance District Assessments for Fiscal Year 2013 (Neibauer) Consider the motion: I move to approve Resolution No. 4389, Establishing Tree Maintenance District Assessments for Fiscal Year 2013. 6. Decision on Written Protests for Modification of North 7th Avenue Special Improvement Lighting District (SILD) No. 460 (Thorpe) Consider the motion: Having conducted a public hearing after the time expired for written protests against the modification of the North 7th Avenue Special Improvement Lighting District 460 and having reviewed all protests and found the protests do not amount to the number required by Montana Code Annotated Section 7-12-4305(1-3) to bar the Commission from modifying SILD 460, I hereby move to pass on all protests, determine modification of SILD 460 to be in the public interest and instruct the City Manager to move forward with the modification. 7. Mayoral Appointment to the Public Library Board of Trustees (Brunckhorst) Consider the motion: I move to confirm the Mayoral appointment of [one applicant] to the Library Board of Trustees. 8. (Re)Appointments to the Bozeman Tourism Business Improvement District Board of Trustees (Brunckhorst) Consider the motion: I move to (re)appoint [two applicants] to the Bozeman Tourism Business Improvement District. 9. Reappointments to the Community Affordable Housing Advisory Board (Brunckhorst) Consider the motion: I move to reappoint Melvin Howe as an interested citizen representative and Ann Kesting as a real estate industry representative to the Community Affordable Housing Advisory Board. 6 Bozeman City Commission Agenda for August 6, 2012 4 of 4 10. (Re)appointments to the Community Alcohol Coalition (Brunckhorst) Consider the motion: I move to reappoint Jenna Caplette as a neighborhood association representative and move to appoint Keri-Lou McGinley as a non-hospitality local business person representative on the Community Alcohol Coalition. J. FYI/Discussion K. Adjournment City Commission meetings are open to all members of the public. If you have a disability that requires assistance, please contact our ADA Coordinator, James Goehrung, at 582-3232 (TDD 582-2301). Commission meetings are televised live on cable channel 20 and streamed live at www.bozeman.net. City Commission meetings are re-aired on cable Channel 20 Wednesday at 4 p.m., Thursday at noon, Friday at 10 a.m. and Sunday at 2 p.m. 7 Page 1 of 12 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA June 11, 2012 ********************** The Commission met in the City Commission Room, City Hall at 121 North Rouse on Monday, June 11, 2012. Present were Mayor Sean Becker, Deputy Mayor Jeff Krauss, Commissioner Chris Mehl, Commissioner Cyndy Andrus, Commissioner Carson Taylor, City Manager Chris Kukulski, Assistant City Manager Chuck Winn, City Finance Director Anna Rosenberry, City Attorney Greg Sullivan, and City Clerk Stacy Ulmen. *These minutes are not word for word and should be considered along with the audio recording. 0:00:00 A. Call to Order – 4 p.m. – Commission Room, City Hall, 121 North Rouse Mayor Becker called the meeting to order at 4 p.m. 0:00:04 B. Work Session Discussion – Fiscal Year 2013 Budget General Fund (Rosenberry) 0:00:19 Anna Rosenberry, Finance Director Ms. Rosenberry gave the staff presentation regarding the Fiscal Year 2013 Budget General Fund. 0:59:57 Public Comment Mayor Becker opened public comment. 1:00:15 Ellen King Rogers, Public Comment Ms. Rogers President of the Spay and Neuter Task force spoke regarding the benefit of the Commission’s support to the program. 1:03:15 Jeff Rupp, Public Comment Mr. Rupp whom is the President of the HRDC thanked the Commission for the mill levy for Gallavan and Streamline. He spoke regarding the new Streamline schedule and the Road to Home progress. He spoke regarding settlement dollars related to refinancing of banks. 1:07:52 Public Comment closed Mayor Becker closed public comment. 8 June 11, 2012 Bozeman City Commission Minutes Page 2 of 12 1:08:06 Mr. Kukulski Mr. Kukulski continued the Budget presentation. 1:08:31 Commission questions and direction to Staff The Commission and staff spoke regarding the battalion chiefs, Police savings and vacant officer positions, a radio repeater and grant funding, capital items, the Planning department and level of service, e-discovery software for claims and litigation management, Parks and Improvement Grants, replacement of patrol cars, library books and the PA system, administrative assistance help, the judgment, parking lot lights at the Professional Building, reductions in the tax levy, staff considerations and the Bogert pool. 2:02:45 Break Mayor Becker declared a break. 2:02:56 C. Call to Order Regular Session – 6 p.m. – Commission room Mayor Becker called the meeting to order. 2:03:12 D. Pledge of Allegiance and a Moment of Silence 2:03:47 E. Changes to the Agenda Mayor Becker asked City Manager Chris Kukulski if there were any changes to the Agenda. Mr. Kukulski stated the approval of the Executive Session Minutes will need to be removed from tonight's agenda. 2:04:05 F. Public Service Announcement – Gallatin Art Crossing 2012 (Tate Chamberlin) Mr. Chamberlin spoke regarding a kick start fundraiser that begins this Friday for the Gallatin Art Crossing 2012. G. Minutes – Executive Session Minutes of April 16, 2012 This item was removed from the agenda. 2:07:06 H. Consent 1. Authorize Payment of Accounts Payable Claims (LaMeres) 2. Approve Resolution No. 4382, Supporting the Continued Funding of the Local Government Center at Montana State University (Kissel) 2:07:15 Public Comment Mayor Krauss opened public comment. No person commented. Mayor Krauss closed public comment. 9 June 11, 2012 Bozeman City Commission Minutes Page 3 of 12 2:07:25 Motion and Vote to approve Consent items H. 1 and 2 as submitted. It was moved by Cr. Mehl, seconded by Cr. Andrus to approve Consent items H. 1 and 2 as submitted. Those voting Aye being Crs. Mehl, Andrus, Deputy Mayor Krauss, Cr. Taylor and Mayor Becker. Those voting No being none. The motion passed 5-0. 2:07:44 I. Public Comment Mayor Becker opened public comment. 2:08:18 Don Murdock, Public Comment Mr. Murdock of 91 Trails End Road spoke regarding of rezoning of property. 2:08:49 Bart Manion, Public Comment Mr. Manion of 425 East Lincoln Street spoke regarding the Storm Water Utility Ordinance. He commended the Commission for looking at this. 2:10:42 Public comment closed. Mayor Becker closed public comment. 2:10:45 J. Action Items 2:10:50 1. Spring Creek Village Resort Lot 4 Zone Map Amendment Request of Community Business (B-2) for 19.96 acres at the northwest intersection of Huffine Lane and Resort Drive, Application Z-11002 (Saunders) 2:11:22 Chris Saunders, Assistant Planning Director Mr. Saunders gave the staff presentation regarding the Spring Creek Village Resort Lot 4 Zone Map Amendment Request of Community Business (B-2) for 19.96 acres at the northwest intersection of Huffine Lane and Resort Drive, Application Z-11002. 2:14:37 Commission Questions for Staff The Commission and staff spoke regarding the amended language on the final plat. 10 June 11, 2012 Bozeman City Commission Minutes Page 4 of 12 2:17:46 Mike Delaney, Applicant Mr. Delaney gave the staff presentation regarding the Spring Creek Village Resort Lot 4 Zone Map Amendment Request of Community Business (B-2) for 19.96 acres at the northwest intersection of Huffine Lane and Resort Drive, Application Z-11002. 2:18:26 Questions for Applicant The Commission and applicant spoke regarding the review criteria. 2:18:42 Public Comment Mayor Becker opened public comment. No person commented. Mayor Becker closed public comment. 2:19:12 Motion to approve zone map amendment Z-11002 and direct staff to prepare an implementing ordinance upon completion of the contingency terms outlined on page 2 of the staff report. It was moved by Cr. Andrus, seconded by Deputy Mayor Krauss to approve zone map amendment Z-11002 and direct staff to prepare an implementing ordinance upon completion of the contingency terms outlined on page 2 of the staff report. 2:19:38 Commission discussion on the motion The Commission spoke regarding the zoning of the property along with the vision of the City. 2:26:57 Vote on the Motion to approve zone map amendment Z-11002 and direct staff to prepare an implementing ordinance upon completion of the contingency terms outlined on page 2 of the staff report. Those voting Aye being Crs. Andrus, Taylor, Mehl and Mayor Becker. Those voting No being Deputy Mayor Krauss. The motion passed 4-1. 2:27:13 2. Ditton Request to Annex 20 acres at 2210 Bridger Drive, Application A- 12003 (Skelton) 2:27:44 Dave Skelton, Senior Planner Mr. Skelton gave the staff presentation regarding the Ditton Request to Annex 20 acres at 2210 Bridger Drive, Application A-12003. An additional term has been added to the memo in regards to the diversion dam. 11 June 11, 2012 Bozeman City Commission Minutes Page 5 of 12 2:37:38 Commission Questions for Staff The Commission and Staff spoke regarding the ditch and the water rights. 2:40:54 Dave Albert, Applicant Mr. Albert gave the Applicant presentation regarding the Ditton Request to Annex 20 acres at 2210 Bridger Drive, Application A-12003. 2:42:48 Commission questions for applicant The Commission and the Applicant spoke regarding the conditions. 2:43:47 Public Comment Mayor Becker opened public comment. No person commented. Mayor Becker closed public comment. 2:44:02 Motion to approve annexation request A-12003, with the eight terms of annexation listed on pages 2 and 3 of the staff report and the additional term regarding improvements to the Bridger Creek diversion dam prior to future development as recommended in the Staff Memorandum of June 7, 2012 and direct staff to prepare an annexation agreement for signature by parties. It was moved by Deputy Mayor Krauss, seconded by Cr. Taylor to approve annexation request A-12003, with the eight terms of annexation listed on pages 2 and 3 of the staff report and the additional term regarding improvements to the Bridger Creek diversion dam prior to future development as recommended in the Staff Memorandum of June 7, 2012 and direct staff to prepare an annexation agreement for signature by parties. 2:44:55 Discussion on the Motion The Commission discussed the services and annexation. 2:47:36 Vote on the Motion to approve annexation request A-12003, with the eight terms of annexation listed on pages 2 and 3 of the staff report and the additional term regarding improvements to the Bridger Creek diversion dam prior to future development as recommended in the Staff Memorandum of June 7, 2012 and direct staff to prepare an annexation agreement for signature by parties. Those voting Aye being Deputy Mayor Krauss, Crs. Taylor, Mehl, Andrus and Mayor Becker. Those voting No being none. The motion passed 5-0. 12 June 11, 2012 Bozeman City Commission Minutes Page 6 of 12 2:47:47 3. Ditton Zone Map Amendment Request of Residential Suburban (RS) for 20 acres at 2210 Bridger Drive, Application Z-12056 (Skelton) 2:48:05 Dave Skelton, Senior Planner Mr. Skelton gave the staff presentation regarding the Ditton Zone Map Amendment Request of Residential Suburban (RS) for 20 acres at 2210 Bridger Drive, Application Z-12056. 2:50:29 Dave Albert, Applicant Dave Albert gave the Applicant presentation regarding the Ditton Zone Map Amendment Request of Residential Suburban (RS) for 20 acres at 2210 Bridger Drive, Application Z-12056. 2:50:49 Commission questions for Applicant The Commission and the Applicant spoke regarding the zoning. 2:51:48 Public Comment Mayor Becker opened public comment. No person commented. Mayor Becker closed public comment. 2:51:56 Motion to approve the RS zone map amendment request for Z-12056, with the four recommended contingencies listed on page 2 of the staff report and direct staff to prepare an ordinance for the map amendment. It was moved by Cr. Taylor, seconded by Cr. Mehl to approve the RS zone map amendment request for Z-12056, with the four recommended contingencies listed on page 2 of the staff report and direct staff to prepare an ordinance for the map amendment. 2:52:29 Discussion on the Motion The Commission discussed the City infrastructure of water and sewer, along with the reasoning behind the annexation and zoning. 2:54:55 Vote on the Motion to approve the RS zone map amendment request for Z-12056, with the four recommended contingencies listed on page 2 of the staff report and direct staff to prepare an ordinance for the map amendment. Those voting Aye being Crs. Taylor, Mehl, Andrus, Deputy Mayor Krauss and Mayor Becker. Those voting No being none. The motion passed 5-0. 13 June 11, 2012 Bozeman City Commission Minutes Page 7 of 12 2:55:08 4. Mahar Request to Annex 5.01 acres at 3601 Good Medicine Way, Application A-12004 (Saunders) 2:55:44 Chris Saunders, Assistant Planning Director Mr. Saunders gave the staff presentation for the Mahar Request to Annex 5.01 acres at 3601 Good Medicine Way, Application A-12004. He spoke regarding the function of annexation. 3:04:01 Commission questions for Staff The Commission and Staff spoke regarding the sewer line extension. 3:07:53 Matt Cotterman, Applicant representative Mr. Cotterman gave the applicant presentation regarding the Mahar Request to Annex 5.01 acres at 3601 Good Medicine Way, Application A-12004. 3:08:48 Commission questions for the Applicant The Commission and Applicant spoke regarding Good Medicine Way. 3:09:22 Public Comment Mayor Becker opened public comment. 3:09:33 Susan Swimley, Public Comment Ms. Swimley of 1806 West Dickerson spoke regarding her letter and the conditions that were removed in regards to Good Medicine Way. 3:11:41 Public Comment closed Mayor Becker closed public comment. 3:11:45 Commission discussion The Commission discussed Condition No. 8 in regards to the zoning. 3:12:56 Motion to approve annexation request A-12004 and direct staff to prepare an annexation agreement with the terms outlined on pages 2 and 3 of the staff report as amended by staff. It was moved by Cr. Mehl, seconded by Cr. Andrus to approve annexation request A-12004 and direct staff to prepare an annexation agreement with the terms outlined on pages 2 and 3 of the staff report as amended by staff. 14 June 11, 2012 Bozeman City Commission Minutes Page 8 of 12 3:13:35 Commission Discussion on the Motion The Commission discussed the public comment, the provision for providing water and sewer services and annexing property when asked. 3:15:22 Vote on the Motion to approve annexation request A-12004 and direct staff to prepare an annexation agreement with the terms outlined on pages 2 and 3 of the staff report as amended by staff. Those voting Aye being Crs. Mehl, Andrus, Deputy Mayor Krauss, Cr. Taylor and Mayor Becker. Those voting No being none. The motion passed 5-0. 3:15:44 5. Mahar Zone Map Amendment Request of Residential Single Household Low-Density District (R-1) for 5.01 acres at 3601 Good Medicine Way, Application Z-12068 (Saunders) 3:16:05 Chris Saunders, Assistant Planning Director Mr. Saunders gave the staff presentation regarding the Mahar Zone Map Amendment Request of Residential Single Household Low-Density District (R-1) for 5.01 acres at 3601 Good Medicine Way, Application Z-12068. 3:25:25 Commission Questions for Staff The Commission and Staff spoke regarding the units per acre, environmental constraints, the differences between R-1 and R-S zoning designations and the current development pattern in the area. 3:32:40 Matt Cotterman, Applicant Representative Mr. Cotterman gave the applicant presentation regarding the Mahar Zone Map Amendment Request of Residential Single Household Low-Density District (R-1) for 5.01 acres at 3601 Good Medicine Way, Application Z-12068. 3:38:15 Commission Questions for Applicant The Commission and Applicant spoke regarding the amount of family units and the zoning. 3:39:49 Public Comment Mayor Becker opened public comment. 27 people commented on the zoning of the project. 15 June 11, 2012 Bozeman City Commission Minutes Page 9 of 12 4:23:40 Public Comment closed Mayor Becker closed public comment. 4:24:02 Applicant response to public comment 4:24:19 Commission Questions for staff Commission and staff spoke regarding the planned unit development along with plat restrictions and the neighboring subdivision. 4:28:26 Motion that having heard and considered public testimony, the application materials, and staff analysis I find the criteria for a zone map amendment to RS to be more suitable for the property than R1 to zone the property RS recognizing the requirement to wait a minimum of one week to allow the applicant to consider their opinions 38.37.030 D2 BMC. It was moved by Cr. Andrus that having heard and considered public testimony, the application materials, and staff analysis I find the criteria for a zone map amendment to RS to be more suitable for the property than R1 to zone the property RS recognizing the requirement to wait a minimum of one week to allow the applicant to consider their opinions 38.37.030 D2 BMC. 4:29:25 Motion fails due to a lack of a second. 4:29:38 Motion to approve zone map amendment Z-12068 and direct staff to prepare an implementing ordinance upon completion of the contingency terms outlined on page 2 of the staff report. It was moved by Deputy Mayor Krauss, seconded by Cr. Taylor to approve zone map amendment Z-12068 and direct staff to prepare an implementing ordinance upon completion of the contingency terms outlined on page 2 of the staff report. 4:30:05 Commission discussion on the Motion The Commission discussed the Bozeman Community Plan, intensity of uses and the process of changing the zoning to R-S. 5:03:23 Vote on the Motion to move to approve zone map amendment Z-12068 and direct staff to prepare an implementing ordinance upon completion of the contingency terms outlined on page 2 of the staff report. A super majority required. 16 June 11, 2012 Bozeman City Commission Minutes Page 10 of 12 Those voting Aye being Deputy Mayor Krauss, Crs. Taylor and Mehl. Those voting No being Cr. Andrus and Mayor Becker. The motion failed 3-2 as a super majority was required. 5:03:58 Applicant approval to make a decision on zoning change. The Applicant stated that they permit the Commission to zone the property RS this evening instead of waiting for a future agenda. 5:04:25 Motion that having heard and considered public testimony, the application materials, and staff analysis I find the criteria for a zone map amendment to RS Residential Suburban to be more suitable for the property than R1 and to move the zone of the property to RS and direct staff to prepare an implementing ordinance upon completion of the contingency terms outlined on page 2 of the staff report. It was moved by Cr. Andrus, seconded by Deputy Mayor Krauss that having heard and considered public testimony, the application materials, and staff analysis I find the criteria for a zone map amendment to RS Residential Suburban to be more suitable for the property than R1 and to move the zone of the property to RS and direct staff to prepare an implementing ordinance upon completion of the contingency terms outlined on page 2 of the staff report. 5:05:07 Commission Discussion on the Motion The Commission spoke regarding the need for the zoning change and the location of the property. 5:06:36 Vote on the Motion that having heard and considered public testimony, the application materials, and staff analysis I find the criteria for a zone map amendment to RS Residential Suburban to be more suitable for the property than R1 and to move the zone of the property to RS and direct staff to prepare an implementing ordinance upon completion of the contingency terms outlined on page 2 of the staff report. Those voting Aye being Cr. Andrus, Deputy Mayor Krauss, Crs. Taylor, Mehl and Mayor Becker. Those voting No being none. The motion passed 5-0. 5:07:03 6. Provisional Adoption of Ordinance No. 1831, Establishing a Stormwater Utility and Amending Chapter 40, Article 4 of the Bozeman Municipal Code (Winn) 17 June 11, 2012 Bozeman City Commission Minutes Page 11 of 12 5:08:26 Chuck Winn, Assistant City Manager Mr. Winn gave the staff presentation regarding the Provisional Adoption of Ordinance No. 1831, Establishing a Stormwater Utility and Amending Chapter 40, Article 4 of the Bozeman Municipal Code. 5:10:24 Public Comment Mayor Becker opened public comment. No person commented. Mayor Becker closed public comment. 5:10:34 Motion to move to provisionally adopt Ordinance No. 1831, establishing a stormwater utility and amending Chapter 40, Article 4 of the Bozeman Municipal Code. It was moved by Deputy Mayor Krauss, seconded by Cr, Taylor to move to provisionally adopt Ordinance No. 1831, establishing a stormwater utility and amending Chapter 40, Article 4 of the Bozeman Municipal Code. 5:10:57 Commission discussion on the Motion The Commission discussed why this is a critical need. 5:12:41 Vote on the Motion to provisionally adopt Ordinance No. 1831, establishing a stormwater utility and amending Chapter 40, Article 4 of the Bozeman Municipal Code. Those voting Aye being Deputy Mayor Krauss, Crs. Taylor, Mehl, Andrus and Mayor Becker. Those voting No being none. The motion passed 5-0. 5:12:56 7. Resolution No. 4380, Establishing Rates for Stormwater Service for the City of Bozeman, effective August 1, 2012 and August 1, 2013 (Winn) 5:13:11 Chuck Winn, Assistant City Manager Mr. Winn gave the staff presentation regarding Resolution No. 4380, Establishing Rates for Stormwater Service for the City of Bozeman, effective August 1, 2012 and August 1, 2013. 5:13:53 Commission questions for Staff The Commission and staff spoke regarding funding and rate models. 5:15:39 Motion to approve Resolution No. 4380, establishing rates for stormwater service for the city of Bozeman. 18 June 11, 2012 Bozeman City Commission Minutes Page 12 of 12 It was moved by Cr. Mehl, seconded by Cr. Taylor to approve Resolution No. 4380, establishing rates for stormwater service for the city of Bozeman. 5:15:50 Commission Discussion on the Motion 5:16:46 Vote on the Motion to approve Resolution No. 4380, establishing rates for stormwater service for the city of Bozeman. Those voting Aye being Crs. Mehl, Taylor, Andrus, Deputy Mayor Krauss and Mayor Becker. Those voting No being none. The motion passed 5-0. 5:17:04 K. FYI/Discussion 1. Discuss cancelling the July 2nd, 2012 Commission meeting (Ulmen) The Commission agreed to cancel the July 2nd Commission meeting. 2. Meet and greet for Parks and Recreation director candidates. 3. Possible Sister City Deputy Mayor Becker asked that the process be investigated in order to become a sister city. 5:21:51 L. Adjournment Mayor Becker adjourned the meeting at 9:51 p.m. ____________________________________ Sean Becker, Mayor ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk PREPARED BY: ______________________________________ Stacy Ulmen, CMC, City Clerk Approved on ___________________________ 19 1 of 13 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA JUNE 18, 2012 ********************** The Commission of the City of Bozeman met in the Commission Room, City Hall at 121 North Rouse on Monday, June 18, 2012. Present were Mayor Sean Becker, Commissioner Cyndy Andrus, Commissioner Jeff Krauss, Commissioner Chris Mehl, Commissioner Carson Taylor, City Manager Chris Kukulski, City Attorney Greg Sullivan and Deputy City Clerk Aimee Kissel. 0:00:40 A. Call Meeting to Order 0:00:56 B. Pledge of Allegiance and a Moment of Silence 0:00:58 C. Changes to the Agenda Mayor Becker asked City Manager Chris Kukulski if there were any changes to the agenda. Mr. Kukulski said there were not. 0:01:16 D. Minutes - May 7, 2012 0:01:20 Motion and Vote to approve the minutes of May 7, 2012 as submitted. It was moved by Cr. Mehl, seconded by Cr. Taylor to approve the minutes of May 7, 2012 as submitted. Those voting Aye being Cr. Mehl, Taylor, Andrus, Krauss and Mayor Becker. Those voting No being none. The motion passed 5-0. 0:01:20 E. Consent 1. Authorize Payment of Accounts Payable Claims (LaMeres) 2. Accept the Building Division Monthly Report for May, 2012 (Risk) 3. Approve a Wine License for All Things Italian to sell off premises at 2622 West Main Street, Suite 1B (Neibauer) 4. Approve Certification of Delinquent City Assessments to Gallatin County (Rosenberry) 20 Minutes of the Bozeman City Commission, June 18, 2012 2 of 13 0:01:25 Public Comment on Consent Items E. 1-4 Mayor Becker opened public comment on consent items E. 1-4. Seeing none, Mayor Becker closed public comment. 0:01:56 Motion and Vote to approve consent items E. 1-4 as submitted. It was moved by Cr. Taylor, seconded by Cr. Andrus to approve consent items E. 1-4 as submitted. Those voting Aye being Crs. Taylor, Andrus, Krauss, Taylor and Mayor Becker. Those voting No being none. The motion passed 5-0. 0:02:08 International Visitors Leadership Program Mayor Becker announced that visitors from the International Leadership Program were present this evening. Participants from Sri Lanka, Nepal and other countries are visiting. 0:02:56 F. Public Comment Mayor Becker opened public comment. 0:03:10 Ben Alexander, Public Comment Mr. Alexander of 225 North Powder Park Court provided public comment in favor of the parks and trails bond. He provided several safety arguments saying neither of his daughters can make it to their school on trails or bike paths currently. Great trails nearby connect to nowhere. Mr. Alexander said the city has a good beginning of a trail system but missing links represent a safety hazard. 0:05:29 James Payden, Public Comment Mr. Payden of 3763 Potossi says he looks forward to having the armory developed. 0:05:59 Clark Finch, Public Comment Mr. Finch, former owner of Heebs Grocery and current owner of Heebs Center said he does not think the Cider House should be approved at the proposed location as it does not have parking as the current businesses are already struggling with parking. He is also concerned that the Cider House proposal is in the alley where Tire Rama and Heebs receive supplies. Mr. Finch said lack of parking is the most dangerous issue to a grocer's survival. 0:08:14 Dan Center, Public Comment Mr. Center of 409 North Bree Avenue provided public comment in support of allowing the voters to decide whether to invest in a parks and trails bond. 0:11:25 Alex Russell, Public Comment Mr. Russell of Brady Street spoke in favor of a parks and trails bond. 0:12:30 Tony Kaber on behalf of Mike Hope, Public Comment Mr. Kaber of 303 Golden Valley read a letter into the record on behalf of Mike Hope urging the city not to sell the Carnegie parking lot. 21 Minutes of the Bozeman City Commission, June 18, 2012 3 of 13 0:13:56 Mitch Bradley, Public Comment Mr. Bradley, owner of Heebs Grocery spoke in opposition to the Yellow House Cider House in the location requested due to the lack of parking available in this location. He reported there is no side parking on Wallace and parking is already full in this location. He is also worried about the ability to receive deliveries if the Cider House were to open in this location. 0:16:16 Lance Travish Public Comment Mr. Travish, CEO of a printing company in town spoke in favor of the Armory development. He feels it would be very nice to have a boutique hotel at that location. He would encourage the Commission not to sell the Carnegie lot. 0:17:24 Conrad Anker, Public Comment Mr. Anker spoke in favor of placing a parks and trails bond measure on the ballot. 0:18:16 Dan Stevenson, Public Comment Mr. Stevenson of 3009 Westridge Drive spoke in favor of a parks and trails bond as it would allow planning for the legacy of open spaces that developers do not have the ability to affect themselves. 0:19:46 Ray Rasker, Public Comment Mr. Rasker of 11 South Grand, spoke in favor of a parks and trails bond measure. He has seen more and more people use the trails over the years. Mr. Rasker said that from Costco to the Mall the trails do not link making that route a dangerous undertaking. 0:21:21 Amy Hukill, Public Comment Ms. Hukill of 208 Dawn Avenue spoke in favor of a parks and trails bond measure speaking regarding connecting the trails. 0:22:08 Julie Zichovich, Public Comment Ms. Zichovich of 109 East Grant spoke in support of the parks and trails bond and then spoke regarding the importance of keeping the public informed throughout the process regarding both the feasibility study and the bond issue and the differences between them. 0:23:05 Marianne Amsden, Public Comment Ms. Amsden of 5588 Patterson Road is the current President of the Gallatin County Planning Board although she is not speaking on behalf of the board. She spoke regarding how a parks and trails bond is related to the county wide park and trail plan that she and others have been working on since 2008. She would ask that as Bozeman and Belgrade are growing together we look into some way to preserve the wildlife corridor between the two. 0:25:03 Tom Keck, Public Comment Mr. Keck of 411 North 3rd spoke in support of a park and trails bond measure on the ballot so the citizens can decide for themselves. Mr. Keck said that safety should be a consideration in this decision as there are gaps among the trails. 0:27:02 Colette Kirchhoff, Public Comment Dr. Kirchhoff of 516 South 6th spoke in favor of a parks and trails bond measure saying as a doctor, getting plenty of exercise and seeing other people socially is very important for health. 22 Minutes of the Bozeman City Commission, June 18, 2012 4 of 13 0:29:28 Steve Kirchhoff, Public Comment Mr. Kirchhoff of 516 South 6th spoke in favor of a park and trails bond measure. He applauds the originator of this idea. He said the community cherishes these resources and parks and trails are best done by the people. Private industry cannot provide what the community needs in a timely or coordinated fashion. The people should be allowed to decide whether they want to go forward with this bond. 0:31:43 Gary Weiner, Public Comment Mr. Weiner of 4030 Sourdough Road spoke as the coordinator of the Bozeman Creek Enhancement Project, saying they would like to see Bozeman Creek be the best amenity for the community and that this bond issue is integral to making that happen. They are making progress on Bogert Park but the bond would be a great opportunity to make a huge difference there. He also spoke about funders wanting to see local commitment to receive grants. 0:35:11 Rob Knapp, Public Comment Mr. Knapp of 1503 South Grand spoke in favor of a park and trails bond measure and said an interconnected system of trails with real planning and parks provides a great sense of community. 0:36:15 Allan Bay, Public Comment Mr. Bay of 419 Fillstone Drive, spoke as a representative of the Blittz Soccer Club in favor of a park and trails bond measure. They would love to work on a public, private partnership for a sports park complex that could accommodate soccer, lacrosse and rugby. There are over 3,000 kids and adults that play soccer in Bozeman. Mr. Bay said tournaments could come to Bozeman if we had space available and a sports complex would provide a huge opportunity to compete with our regional neighbors. 0:39:37 Pippin Wallace, Public Comment Mr. Wallace of 3226 Summerset spoke in support of a park and trails bond measure and asked what it will take to get this item passed by the Commission. 0:40:41 Molly Pickall, Public Comment Ms. Pickall of 407 South 14th spoke in favor of a park and trails bond measure. 0:41:35 Public Comment Closed Seeing no further public comment, Mayor Becker closed public comment. 0:41:53 G. Action Items 0:41:55 1. Yellow House Cider House On-Premise Consumption of Alcohol Conditional Use Permit and Certificate of Appropriateness at 549 East Babcock Street, Application No. Z-12086 (Quasi-Judicial) (Bristor) 0:42:40 Allyson Bristor, Planning Department Ms. Bristor provided the staff presentation on this item. 0:47:42 Cr. Mehl Cr. Mehl asked questions of staff regarding the height of the proposed building. 23 Minutes of the Bozeman City Commission, June 18, 2012 5 of 13 0:48:48 Ms. Bristor Ms. Bristor continued the staff report. 0:50:00 The Commission began questions for staff. 0:50:12 Ms. Bristor Ms. Bristor explained that a bar and a restaurant are in the same category. 0:53:14 Mayor Becker Mayor Becker asked about an informal hearing that was previously heard by the Commission for this location. 0:54:48 Mr. Arnold, Architect with Stickworks LLC, Applicant Mr. Arnold spoke relative to the parking issue, saying they moved forward based on B-3 zoning that says parking onsite is not needed. This Cider House would be a great addition to the east end of downtown and they would like to target folks walking and riding their bikes to the facility. 0:56:35 Glenn Gale, Applicant Mr. Gale said he would be open to speaking with the owners at Heebs to cooperate with them and move forward. 0:57:09 Mr. Arnold, Applicant Mr. Arnold responded to an earlier question, saying the occupancy for the proposed tasting room is 37 people. 0:57:49 Cr. Andrus Cr. Andrus began questions for the applicants. 1:01:43 Public Comment Mayor Becker opened public comment. 1:02:28 Gary Gullickson, Public Comment Mr. Gullickson of 404 South Church read a letter to the Commission regarding the parking issue in this location saying that the Commission should open and continue the public hearing on this application with specific direction to staff or the applicant to supply additional information. 1:08:04 Public Comment Closed Seeing no further public comment, Mayor Becker closed public comment. 1:08:05 Applicant Response Mr. Gale says he understands the concerns of the neighborhood but would ask that the Commission not hold up this project, as the applicant did respond to the Unified Development Code. They are more than happy to sit down with the neighbors to work on signage and encouraging customers to not park on their property. 1:09:44 Ms. Bristor Ms. Bristor explained that restaurant parking is determined by the serving area only. If this was a restaurant larger than 3000 square feet, they would still receive a reduction in B-3 zoning. 24 Minutes of the Bozeman City Commission, June 18, 2012 6 of 13 1:12:25 Commission questions for Staff. 1:12:29 Ms. Bristor Ms. Bristor explained the standard public notice requirement as well as what Ms. Bristor does to notify the neighborhood groups. 1:13:26 Motion to approve Conditional Use Permit and Certificate of Appropriateness application Z-12086 as described in the staff report and subject to the conditions therein, based on a finding of compliance with all applicable criteria. It was moved by Cr. Andrus, seconded by Cr. Krauss to approve Conditional Use Permit and Certificate of Appropriateness application Z-12086 as described in the staff report and subject to the conditions therein, based on a finding of compliance with all applicable criteria. 1:16:41 Commission discussion on the motion. 1:20:55 General discussion about color palette for a home that is not historic. 1:21:31 Amendment to the main motion to strike condition #16, the requirement for a color palette. It was moved by Cr. Mehl, seconded by Cr. Krauss to strike condition #16, the requirement for a color palette. 1:23:34 Vote on the Amendment to the main motion to strike condition #16, the requirement for a color palette. Those voting Aye being Cr. Mehl, Krauss, Andrus and Mayor Becker. Those voting No being Cr. Taylor. The amendment to the main motion passed 4-1. 1:23:47 Vote on the main motion as amended to approve Conditional Use Permit and Certificate of Appropriateness application Z-12086 as described in the staff report and subject to the conditions therein, based on a finding of compliance with all applicable criteria, striking condition #16, the requirement for a color palette. Those voting Aye being Crs. Andrus, Krauss, Mehl, Taylor and Mayor Becker. Those voting No being none. The main motion as amended passed 5-0. 1:24:06 2. Provisional Adoption of Ordinance No. 1832, amending the text of the Unified Development Code to allow a Master Site Plan as an alternative to the creation of a Planned Unit Development for non-residential development within the North 19th Avenue/West Oak Street Entryway Corridor, Zone Code Amendment Z-12050 AND consideration of Resolution No. 4384, modifying the Bozeman Design Objectives Plan to achieve this purpose (Riley) 25 Minutes of the Bozeman City Commission, June 18, 2012 7 of 13 1:24:23 Doug Riley, Planning Department Mr. Riley provided the staff presentation on this item. 1:30:38 The Commission began questions for staff. 1:34:43 Don Cape Jr., Cape Enterprises, Applicant Mr. Cape Jr. began the applicant presentation comparing the process of going through a planned unit development versus a master site plan and said the PUD has outlived its usefulness as a requirement, but not as a tool. 1:37:44 Kevin Cook, Applicant Mr. Cook of 1276 North 15th Avenue continued the applicant presentation on this item, speaking regarding experiences in the past in going through a planned unit development. 1:39:30 Public Comment Mayor Becker opened public comment on this item. Seeing none, Mayor Becker closed public comment. 1:40:15 Motion that having heard and considered public testimony, materials presented and the review criteria for adoption of a Zone Code Amendment, I find that the text of Ordinance 1832 is consistent with the review criteria and move to provisionally adopt ordinance 1832. It was moved by Cr. Krauss, seconded by Cr. Mehl that having heard and considered public testimony, materials presented and the review criteria for adoption of a Zone Code Amendment, I find that the text of Ordinance 1832 is consistent with the review criteria and move to provisionally adopt ordinance 1832. 1:42:16 Commission discussion on the motion. 1:43:41 Vote on the motion that having heard and considered public testimony, materials presented and the review criteria for adoption of a Zone Code Amendment, I find that the text of Ordinance 1832 is consistent with the review criteria and move to provisionally adopt ordinance 1832. Those voting Aye being Crs. Krauss, Mehl, Taylor, Andrus and Mayor Becker. Those voting No being none. The motion passed 5-0. 1:44:37 Break Mayor Becker called for a break. 1:56:24 Back to Order Mayor Becker called the meeting back to order from break. 1:56:57 3. Potential Parks and Trails Bond Policy Discussion (Commissioner Mehl) 26 Minutes of the Bozeman City Commission, June 18, 2012 8 of 13 1:57:18 Cr. Mehl Cr. Mehl provided the presentation on this item. 2:16:12 Mayor Becker began questions. Mayor Becker asked about why we would not have a six mill levy instead of a bond. 2:19:58 Dan Simons, Dorsey and Whitney, Bond Counsel Mr. Simons answered questions regarding bonds. 2:41:09 Public Comment Mayor Becker opened public comment on this item. 2:41:21 David Cook, Public Comment Mr. Cook of 701 South 7th Avenue spoke on behalf of the Recreation and Parks Advisory Board. He explained that there is a backlog of parks and playing fields and that the time is now to take care of this issue. He would urge that the Commission place the bond issue on the ballot. 2:43:58 Amy McNamere, Public Comment Ms. McNamere of 419 South 9th Avenue voiced her strong support for the parks and trails bond issue as a way to help keep our trails safe especially since this community uses the parks and trails as heavily as they do. 2:45:53 Steve Schnee, Public Comment Mr. Schnee of 108 Silverwood Drive spoke in favor of a parks and trails bond measure speaking regarding quality of life. 2:47:59 Terry Cunningham, Public Comment Mr. Cunningham of 3224 Hidden Springs Lane spoke regarding past private/public projects that he was involved in, saying the same energy would be used for future parks and trails project. 2:50:07 Cathy Costakis, Public Comment Ms. Costakis of 140 Village Crossing Way spoke regarding her use of the trails within town and that everyone should have the ability to use the trails. She would like everyone to be able to have within a quarter mile of their home trail access they can reach safely via walking, biking or in a wheelchair. She spoke regarding a conference she recently attended called, "Weight of the nation." 2:53:20 Matty Pope, Public Comment Ms. Pope of 1508 South Willson asked the Commission to support a $15 million park and trails bond initiative. 2:54:28 Chris Pope, Public Comment Mr. Pope of 1508 South Willson spoke about social welfare and said that taxpayers would like the opportunity to take a vote to tax ourselves. 2:55:52 Deb Love, Public Comment Ms. Love of 1013 South Black Avenue said she is the Northern Rockies Director for the Trust 27 Minutes of the Bozeman City Commission, June 18, 2012 9 of 13 for Public Land. She spoke regarding a public opinion poll they conducted asking voters whether they would support a bond. The majority said they would. 2:59:11 Chris Naumann, Public Comment Mr. Naumann of 603 South 10th Avenue spoke on behalf of the Lacrosse League in support of a bond measure for parks and trails. The city only has one legal size lacrosse field for 200 players and cannot host the state tournament because of the lack of athletic fields available. 3:02:18 Hal Stanley, Public Comment Mr. Stanley of 7327 Canyon Drive commended Cr. Mehl for bringing this bond issue forward. He was attracted by the revitalized downtown and the trails here in Bozeman. He emphasized that parks and trails are democratic as it does not cost anyone to use them. 3:04:30 Swiven McGrath, Public Comment Ms. McGrath spoke on behalf of the Bridger Ski Foundation saying that public / private partnerships have been integral to the Foundation. They support this bond initiative. 3:05:39 Blake Maxwell, Public Comment Mr. Maxwell of 516 West Lamme Street spoke regarding the timing and scale of a parks and trails bond, speaking regarding the poverty level in this community and saying the assets of parks and trails are not translating to economic development. Mr. Maxwell asked about the math for the bond issue and spoke with concerns that many residents cannot afford the extra tax. 3:09:04 Paul Rubright, Public Comment Mr. Rubright, President of the Blittz Soccer Club spoke in favor of a parks and trails bond measure and emphasized the economic benefits that could follow. In talking with soccer, lacrosse and other groups, there may be the possibility of a non-profit coalition that could eventually take over maintenance. They are attempting to model a coalition off of Kalispell’s. 3:10:37 John Catton, Public Comment Mr. Catton of 624 South Third thanked Cr. Mehl and staff for the research done on this item and then spoke regarding his experiences with a 'Hello Walk' and how uplifting it was. He would support a bond measure as trail systems and parks are why a lot of people have moved here and stayed here. 3:13:53 Kelly Pohl, Public Comment Ms. Pohl of 860 Rogers Way, said she works for the Gallatin Valley Land Trust, and is a parent and homeowner. She spoke in favor of a park and trails bond measure referring to the benefits of parks and trails including raising property values, lowering rates of obesity and attracting employers. She said the current system of developing parks is not working. The current lull in development can be a unique opportunity. Ms. Pohl would urge the Commissioners to let voters decide about the bond in November. 3:16:33 Penelope Pierce, Public Comment Ms. Pierce, Executive Director of Gallatin Valley Land Trust spoke in favor of a parks and trails bond measure speaking regarding the many years they have been working on trails in this community. They see this bond as a great opportunity right now while land value is down. Ms. Pierce said thank you for the hard and thoughtful work that has been put into this. 28 Minutes of the Bozeman City Commission, June 18, 2012 10 of 13 3:18:54 Public Comment Closed Seeing no further public comment, Mayor Becker closed public comment. 3:19:02 Cr. Mehl Cr. Mehl spoke to questions that arose during public comment. 3:36:35 Motion to direct staff to prepare a motion to be considered in July for the City Commission to place a referendum on the November ballot authorizing the City to sell bonds to acquire money for purchase and improvement of parks, trails, recreation fields, and preserving water quality along creek and stream corridors. It was moved by Cr. Mehl, seconded by Cr. Taylor to direct staff to prepare a motion to be considered in July for the City Commission to place a referendum on the November ballot authorizing the City to sell bonds to acquire money for purchase and improvement of parks, trails, recreation fields, and preserving water quality along creek and stream corridors. 3:37:20 Discussion on the motion. 3:54:29 Suspension of the Rules of Procedure Mayor Becker suspended the rules of procedure to allow the meeting to extend to 11 p.m. 4:01:11 Vote on the motion to direct staff to prepare a motion to be considered in July for the City Commission to place a referendum on the November ballot authorizing the City to sell bonds to acquire money for purchase and improvement of parks, trails, recreation fields, and preserving water quality along creek and stream corridors. Those voting Aye being Crs. Mehl, Taylor, Andrus and Mayor Becker. Those voting No being Deputy Mayor Krauss. The motion passed 4-1 with Deputy Mayor Krauss opposed. 4:01:39 Questions for Commission. Cr. Mehl asked clarification questions of the Commission. 4:13:54 4. Update on the Carnegie Parcels Hotel Development Request for Qualifications (RFQ) Process, Direction to Carnegie Parcels RFQ Preliminary Review Panel Regarding the Scheduling of Respondent Interviews and Preparation of a Final Recommendation (Kukulski) 4:14:00 Chris Kukulski, City Manager Mr. Kukulski referred to the memorandum provided to the Commission. 4:15:40 Public Comment Mayor Becker opened public comment on this item. 4:15:53 Don Cape Jr, JWT Capital, Public Comment Mr. Cape, a respondent on the RFQ said while he is enthusiastic about the prospect of being a 29 Minutes of the Bozeman City Commission, June 18, 2012 11 of 13 developer on a downtown hotel, as a private citizen he would urge the Commission to slow down and think about the implications of interfering in a private sector project that is valid. 4:17:56 Loren Acton, Public Comment Mr. Acton of 8490 Overlook Lane said he is concerned because he does not want to see city land sold unless there is an extremely compelling reason. He also said that just because the city started a request for qualifications process does not mean we need to carry it through completion. 4:21:21 Jerry Pape, Public Comment Mr. Pape of 15 North 25th spoke representing both First Interstate Bank and Kelryco, respectively the sellers and buyers of the Bozeman Armory. Mr. Pape handed out a letter to the Commission from Kelryco regarding their qualifications to get the armory project accomplished for the benefit of the community. 4:23:16 Matt Johnson, Public Comment Mr. Johnson of 3113 Garden Brook Lane spoke about a long affiliation between Kelryco and First Interstate and his confidence in Kelryco. 4:24:23 Steve Rodderick, Public Comment Mr. Rodderick of 111 East Mendenhall spoke on behalf of his downtown business regarding the continued need for the Carnegie parking lot. 4:26:16 Bill Bryan, Public Comment Mr. Bryan of 1220 South Tracy, spoke as one of the founders of the business 'Off the Beaten Path' which is about meaningful travel and connections. He would recommend that this RFQ be suspended to provide support for related actions within the private industry. 4:29:14 Dick Hart, Public Comment Mr. Hart of 2511 Ricky Rock Lane said parking is economic development and he does not know where additional parking would come from if this lot were removed. 4:30:14 Ashley Ogle, Public Comment Ms. Ogle with Kenyon Noble would ask the Commission to rescind the RFQ and let the Carnegie lot remain a parking lot. 4:31:16 Kyle Dornberger, Public Comment Mr. Dornberger of 211 North 10th asked that the RFQ process be terminated and spoke to the Armory as a more sustainable site. He provided arguments for the Armory Hotel project. 4:34:22 Cory Lawrence, Public Comment Mr. Lawrence of 4510 Morning Sun Drive spoke to the Armory redevelopment project as the developer. They intend to bring a project that will be unique but reflective of the community. If the city moves forward with the RFQ process, they will exit this proposal as downtown cannot support two downtown boutique hotels. 4:37:36 Michael Delaney, Public Comment Mr. Delaney of 101 East Main Street spoke in favor of the Armory redevelopment project. He 30 Minutes of the Bozeman City Commission, June 18, 2012 12 of 13 also spoke regarding the vitalization going on right now in downtown Bozeman. They are convinced that the Carnegie parking lot is necessary. 4:40:36 Public Comment Closed Seeing no further public comment, Mayor Becker closed public comment. 4:40:38 Discussion on the motion. 4:53:50 Rules of procedure Suspended. Mayor Becker suspended the rules of procedure to allow the meeting to continue until 11:10 p.m. 4:59:37 Motion that the Carnegie parcels RFQ process be suspended for a period of 180 days pending with the understanding that the process will remain suspended or eliminated on the armory project. Progress includes but is not limited to action towards purchase of a liquor license, purchase of the armory property and or design work on the proposed hotel. It was moved by Cr. Taylor, seconded by Cr. Andrus that the Carnegie parcels RFQ process be suspended for 180 days with the understanding that the process will remain suspended or be eliminated as long as there is continued progress on the armory project. Progress includes but is not limited to action towards purchase of a liquor license, purchase of the armory property and or design work on the proposed hotel. 5:01:39 Discussion on the motion. 5:02:54 Vote on the motion that the Carnegie parcels RFQ process be suspended for 180 days with the understanding that the process will remain suspended or be eliminated as long as there is continued progress on the armory project. Progress includes but is not limited to action towards purchase of a liquor license, purchase of the armory property and or design work on the proposed hotel. Those voting Aye being Crs. Taylor, Andrus, Mehl and Mayor Becker. Those voting No being Deputy Mayor Krauss. The motion passed 4-1 with Deputy Mayor Krauss opposed. 5:03:16 H. FYI / Discussion 5:03:16 1. Upcoming Ordinance revising the Code of Ethics City Attorney, Greg Sullivan said the Commission will be seeing an Ordinance during next week's meeting regarding revisions recommended by the Board of Ethics. 5:03:32 2. Parks and Recreation Director City Manager, Chris Kukulski said he will be announcing tomorrow who will serve as the new Parks and Recreation Director. 5:04:02 3. Letter regarding Kohl's and the EIS process Commissioner Carson Taylor said he would like to discuss writing a letter about Kohl's regarding the EIS process. 31 Minutes of the Bozeman City Commission, June 18, 2012 13 of 13 5:04:23 4. Color Palette discussion Cr. Taylor said he would like to have a discussion with the other Commissioners regarding color palette as Cr. Mehl has said he is committed to taking that out of every proposal in the future. 5:04:59 I. Adjournment Mayor Becker adjourned the meeting at 11:11 p.m. ____________________________________ Sean A. Becker, Mayor ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk PREPARED BY: ______________________________________ Aimee Kissel, Deputy City Clerk Approved on ___________________________ 32 Page 1 of 14 MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA June 25, 2012 ********************** The Commission met in the City Commission Room, City Hall at 121 North Rouse on Monday, June 25, 2012. Present were Mayor Sean Becker, Deputy Mayor Jeff Krauss, Commissioner Chris Mehl, Commissioner Cyndy Andrus, Commissioner Carson Taylor, City Manager Chris Kukulski, Assistant City Manager Chuck Winn, City Finance Director Anna Rosenberry, City Attorney Greg Sullivan, and City Clerk Stacy Ulmen. *These minutes are not word for word and should be considered along with the audio recording. 0:00:03 A. Call to Order – 6 p.m. – Commission Room, City Hall, 121 North Rouse Mayor Becker called the meeting to order at 6:03 p.m. 0:00:05 B. Pledge of Allegiance and a Moment of Silence 0:00:44 C. Changes to the Agenda Mayor Becker asked City Manager Chris Kukulski if there were any changes to the agenda. Mr. Kukulski stated that Item H. 1 is a Quasi Judicial item and was not identified on the agenda as a Quasi Judicial item. 0:01:20 D. Public Service Announcement 0:01:32 1. City Offices Closed July 4, 2012 (Ulmen) City Clerk Stacy Ulmen gave the Public Service Announcement regarding the July 4th City Office closure. 0:02:40 2. Fireworks Safety (Police Sergeant Travis Munter) Sergeant Munter gave the Public Service Announcement regarding Fireworks safety. 0:04:52 E. Minutes – Executive Session Minutes from April 16, 2012 0:04:58 Motion and Vote to approve the Executive Session Minutes from April 16, 2012. 33 Minutes of the Bozeman City Commission Meeting, June 25, 2012 Page 2 of 14 It was moved by Cr. Taylor, seconded by Deputy Mayor Krauss to approve the Executive Session Minutes from April 16, 2012. Those voting Aye being Cr. Taylor, Deputy Mayor Krauss, Crs. Mehl, Andrus and Mayor Becker. Those voting No being none. The motion passed 5-0. 0:05:15 F. Consent 1. Authorize Payment of Accounts Payable Claims (LaMeres) 2. Authorize City Manager to sign Notice of Award to Knife River in the amount of $354,467.50 for 2012 Street Improvements (Kerr) 3. Authorize writing off Stale-Dated Checks & Past-Due Non Sufficient Fund Receivables from the City’s General Accounting Ledger (LaMeres) 4. Approve cancelling the meeting of Monday, July 2, 2012 (Ulmen) 5. Approve Resolution No. 4385, Authorizing Participation in the Board of Investments of the State of Montana Annual Adjustable Rate Tender Option Municipal Finance Consolidation Act Bonds (INTERCAP REVOLVING PROGRAM), Approving the Form and Terms of the Loan Agreement and Authorizing the Execution and Delivery of Documents Related Thereto (Rosenberry) 6. Approve City Manager’s Signature on the Promissory Note, Loan Agreement, and Draw Certificate No. 1 with the Board of Investments of the State of Montana, for financing the reconstruction of South 8th Avenue (Rosenberry) 7. Finally Adopt Ordinance No. 1831, Establishing a Stormwater Utility and Amending Chapter 40, Article 4 of the Bozeman Municipal Code (Winn) 8. Authorize Mayor Becker’s signature on a letter of support from the City of Bozeman urging Attorney General, Steve Bullock to reconsider the Mortgage Foreclosure Misconduct Settlement Plan for the State of Montana along with asking the State of Montana to partner with the City of Bozeman and the Human Resource Development Council (HRDC) in their existing housing and foreclosure efforts (Ulmen) 9. Approve the content and spirit of the Armory Hotel project letter of support from the City of Bozeman and direct staff to prepare the letter for signatures (Fontenot) 0:05:15 Public Comment Mayor Becker opened public comment. 0:05:38 Jerry Pape, Public Comment Mr. Pape spoke regarding Consent Item 9. 0:06:24 Public comment closed Mayor Becker closed public comment. 34 Minutes of the Bozeman City Commission Meeting, June 25, 2012 Page 3 of 14 0:06:29 Motion and Vote to approve Consent items F. 1-9 as submitted. It was moved by Deputy Mayor Krauss, seconded by Cr. Mehl to approve Consent items F. 1-9 as submitted. Those voting Aye being Deputy Mayor Krauss, Crs. Mehl, Andrus, Taylor and Mayor Becker. Those voting No being none. The motion passed 5-0. 0:06:50 G. Public Comment Mayor Becker opened general public comment. 0:07:22 Jay Bently, Public Comment Mr. Bentley stated that he owns the Mint in Belgrade and is considering putting a business down town. He commended the City for making downtown a desirable place to be. He spoke regarding food trucks. 0:10:45 Cory Lawrence, Public Comment Mr. Lawrence thanked the Commission for the discussion on the Armory. He spoke regarding timelines. 0:12:30 Ellie Staley, Public Comment Ms. Staley stated that she is from the Bozeman Downtown partnership. She spoke regarding the food trucks including the working group as a starting block and a possible fee structure. 0:15:42 Public comment closed Mayor Becker closed public comment. 0:15:43 H. Action Items 0:15:45 1. Bridger Brewing Company Conditional Use Permit and Zoning Variance to allow tenant improvement of a lease space in the Town & Country Foods building at 1607 – 1611 South 11th Avenue for a restaurant and Brewery Use, Application No. Z-12103 (Bristor) 0:16:29 Allyson Bristor, Associate Planner Ms. Bristor gave the staff presentation regarding the Bridger Brewing Company Conditional Use Permit and Zoning Variance to allow tenant improvement of a lease space in the Town & 35 Minutes of the Bozeman City Commission Meeting, June 25, 2012 Page 4 of 14 Country Foods building at 1607 – 1611 South 11th Avenue for a restaurant and Brewery Use, Application No. Z-12103. 0:21:32 Questions for Staff The Commission and staff spoke regarding hours of operation. 0:23:05 Applicant Presentation The applicant presented their presentation and spoke regarding landscaping and the hours. 0:24:42 Commission questions for applicant The Commission and applicant spoke regarding the square footage and concurrence with the conditions. 0:26:18 Public Comment Mayor Becker opened public comment. No person commented. Mayor Becker closed public comment. 0:26:35 Motion to approve the Conditional Use Permit and Zoning Variance application Z- 12103 as described in the staff report omitting condition no. 13 and subject to the conditions therein, based on a finding of compliance with all applicable criteria. It was moved by Cr. Mehl, seconded by Cr. Andrus to approve the Conditional Use Permit and Zoning Variance application Z-12103 as described in the staff report omitting condition no. 13 and subject to the conditions therein, based on a finding of compliance with all applicable criteria. 0:27:11 Commission Discussion on the Motion 0:28:50 Vote on the Motion to approve the Conditional Use Permit and Zoning Variance application Z-12103 as described in the staff report omitting condition no. 13 and subject to the conditions therein, based on a finding of compliance with all applicable criteria. Those voting Aye being Crs. Mehl, Andrus, Taylor, Deputy Mayor Krauss and Mayor Becker. Those voting No being none. The motion passed 5-0. 36 Minutes of the Bozeman City Commission Meeting, June 25, 2012 Page 5 of 14 0:29:06 2. Pizza Campania On Premise Consumption of Alcohol Conditional Use Permit Certificate of Appropriateness, Application No. Z-12100, located at 1285 N. Rouse Avenue (Quasi-Judicial) (Krueger) 0:29:34 Brian Krueger, Planning Associate Mr. Krueger gave the staff presentation regarding the Pizza Campania on Premise Consumption of Alcohol Conditional Use Permit Certificate of Appropriateness, Application No. Z-12100, located at 1285 N. Rouse Avenue 0:33:13 Commission questions for staff 0:33:17 Applicant presentation William Butler gave the Applicant presentation regarding the Pizza Campania on Premise Consumption of Alcohol Conditional Use Permit Certificate of Appropriateness, Application No. Z-12100, located at 1285 N. Rouse Avenue. 0:33:51 Commission questions for Applicant 0:34:04 Public Comment Mayor Becker opened public comment. No person commented. Mayor Becker closed public comment. 0:34:18 Motion that having reviewed the application materials, considered public comment, and considered all of the information presented, I hereby adopt the findings presented in the staff report for application #Z-12100 and move to approve the conditional use permit and certificate of appropriateness with conditions and subject to all applicable code provisions. It was moved by Cr. Andrus, seconded by Cr. Taylor that having reviewed the application materials, considered public comment, and considered all of the information presented, I hereby adopt the findings presented in the staff report for application #Z-12100 and move to approve the conditional use permit and certificate of appropriateness with conditions and subject to all applicable code provisions. 0:34:40 Discussion on the Motion 0:35:51 Vote on the Motion that having reviewed the application materials, considered public comment, and considered all of the information presented, I hereby adopt the findings presented in the staff report for application #Z-12100 and move to approve the 37 Minutes of the Bozeman City Commission Meeting, June 25, 2012 Page 6 of 14 conditional use permit and certificate of appropriateness with conditions and subject to all applicable code provisions. Those voting Aye being Crs. Andrus, Taylor, Deputy Mayor Krauss, Cr. Mehl and Mayor Becker. Those voting No being none. The motion passed 5-0. 0:36:08 3. Resolution No. 4383, Appropriating Funds for various Budget Units and further estimating revenue necessary to operate and maintain services of Municipal Government for the Fiscal Year ending June 30, 2013 (Rosenberry) 0:36:49 Anna Rosenberry, Finance Director Ms. Rosenberry gave the staff presentation regarding Resolution No. 4383, Appropriating Funds for various Budget Units and further estimating revenue necessary to operate and maintain services of Municipal Government for the Fiscal Year ending June 30, 2013. 0:45:43 Questions for Staff The Commission and Staff discussed the general obligation bonds, property taxes and Bogert Pool. 0:49:40 Public Comment Mayor Becker opened public comment. No person commented. Mayor Becker closed public comment. 0:50:41 Motion to approve Resolution No. 4383, Appropriation Resolution for the Fiscal Year Ending June 30, 2013. It was moved by Cr. Taylor, seconded by Deputy Mayor Krauss to approve Resolution No. 4383, Appropriation Resolution for the Fiscal Year Ending June 30, 2013. 0:51:17 Discussion on the Motion The Commission spoke regarding the tax base, the judgment, the Bogert pool, sustainability, vacant officer positions and battalion chiefs. 1:05:00 Amendment to remove the Professional Building Parking lot lights. It was moved by Cr. Taylor, seconded by Deputy Mayor Krauss to remove the Professional Building Parking lot lights. 38 Minutes of the Bozeman City Commission Meeting, June 25, 2012 Page 7 of 14 1:05:32 Commission discussion on Amendment 1:06:57 Vote on the Amendment to remove the Professional Building Parking lot lights. Those voting Aye being Cr. Taylor, Deputy Mayor Krauss, Crs. Mehl, Andrus and Mayor Becker. Those voting No being none. The motion passed 5-0. 1:07:10 Amendment to remove the Jarrett Park Playground Equipment from the budget. It was moved by Cr. Taylor, seconded by Deputy Mayor Krauss to remove the Jarrett Park Playground Equipment from the budget. 1:07:23 Commission discussion on the Amendment 1:12:41 Vote on the Amendment to remove the Jarrett Park Playground Equipment from the budget. Those voting Aye being Cr. Taylor, Deputy Mayor Krauss, Crs. Mehl, Andrus and Mayor Becker. Those voting No being none. The motion passed 5-0. 1:13:03 Amendment to not fund Battalion chiefs this year. It was moved by Deputy Mayor Krauss, seconded by Cr. Mehl to not fund Battalion chiefs this year. 1:13:21 Discussion on the Amendment 1:38:26 Amendment to the Amendment to hire one Battalion chief to start April 2013. It was moved by Cr. Mehl, seconded by Cr. Andrus to hire one Battalion chief to start April 2013. 39 Minutes of the Bozeman City Commission Meeting, June 25, 2012 Page 8 of 14 1:39:34 Discussion on the Amendment to the Amendment 1:48:37 Vote on the Amendment to the Amendment to hire one Battalion chief to start April 2013. Those voting Aye being Crs. Mehl, Andrus and Taylor. Those voting No being Deputy Mayor Krauss and Mayor Becker. The motion passed 3-2. 1:50:01 Vote on the Amendment to not fund Battalion chiefs this year.( Items A and B in red box). Amended to take out three Battalion Chiefs and then add back in 1 Battalion Chief in the months of April, May and June of 2013. Those voting Aye being Crs. Mehl, Andrus and Taylor. Those voting No being Deputy Mayor Krauss and Mayor Becker. The motion passed 3-2. 1:50:24 Amendment to fund the vacant officer positions. It was moved by Deputy Mayor Krauss, seconded by Cr. Mehl to fund the vacant officer positions. 1:51:08 Discussion on the Amendment 2:09:29 Vote on the Amendment to fund the vacant officer positions. Those voting Aye being none. Those voting No being Deputy Mayor Krauss, Crs, Mehl, Andrus, Taylor and Mayor Becker. The motion failed 0-5. 2:09:53 Amendment to cut the Communications/Admin Assistant and to cut C. the Communications/Admin Assistant. It was moved by Deputy Mayor Krauss, seconded by Cr. Mehl to cut the Communications/Admin Assistant and to cut C. the Communications/Admin Assistant. 40 Minutes of the Bozeman City Commission Meeting, June 25, 2012 Page 9 of 14 2:10:16 Discussion on the Amendment 2:16:43 Vote on the Amendment to cut the Communications/Admin Assistant (#10 in the blue box) and to cut C. the Communications/Admin Assistant (in the red box) Those voting Aye being Deputy Mayor Krauss, Crs. Mehl and Taylor. Those voting No being Cr. Andrus and Mayor Becker. The motion passed 3-2. 2:17:21 Amendment to add back in the E-discovery software. It was moved by Deputy Mayor Krauss, seconded by Cr. Mehl to add back in the E- discovery software. 2:17:36 Discussion on the Amendment 2:20:54 Amendment pulled to add back in the E-discovery software. Deputy Mayor Krauss pulled his amendment to add back in the E-discovery software. 2:22:33 Amendment to cut the unmarked police vehicle from the budget $35,500. It was moved by Cr. Andrus, seconded by Deputy Mayor Krauss to cut the unmarked police vehicle from the budget $35,500. 2:23:12 Discussion on the Amendment 2:24:47 Vote on the Amendment to cut the unmarked police vehicle from the budget $35,500. Those voting Aye being Cr. Andrus, Deputy Mayor Krauss, Crs. Mehl, Taylor and Mayor Becker. Those voting No being none. The motion passed 5-0. 2:25:29 Amendment to remove the $482,000 designated for the Bogert Pool from the budget for this year. It was moved by Cr. Taylor, seconded by Cr. Mehl to remove the $482,000 designated for the Bogert Pool from the budget for this year. 41 Minutes of the Bozeman City Commission Meeting, June 25, 2012 Page 10 of 14 2:25:46 Discussion on the Amendment 2:43:25 Friendly Amendment to the Amendment to leave $172,000 in the amount allocated towards the Bogert Pool. Cr. Taylor stated a friendly amendment to leave $172,000 in the amount allocated towards the Bogert Pool. 2:45:22 Vote on the Amendment to remove the $482,000 designated for the Bogert Pool from the budget for this year. Friendly amendment to leave $172,000 in the amount allocated towards the Bogert Pool. Those voting Aye being Crs. Taylor, Mehl, Andrus, Deputy Mayor Krauss and Mayor Becker. Those voting No being none. The motion passed 5-0. 2:46:06 Break Mayor Becker declared a break. 3:03:58 Back to order Mayor Becker called the meeting back to order. 3:04:04 Ms. Rosenberry Ms. Rosenberry spoke regarding the list of cuts that the Commission made. She spoke regarding the remainder of the budget adoption process. 3:07:10 Commission discussion The Commission spoke regarding the recent letter received from Haven, the animal shelter, the taxable value and gross amount of taxes. 3:17:20 Vote on the Main Motion as amended to approve Resolution No. 4383, Appropriation Resolution for the Fiscal Year Ending June 30, 2013 Those voting Aye being Cr. Taylor, Deputy Mayor Krauss, Crs. Mehl, Andrus and Mayor Becker. Those voting No being none. The motion passed 5-0. 42 Minutes of the Bozeman City Commission Meeting, June 25, 2012 Page 11 of 14 3:18:04 Mr. Kukulski Mr. Kukulski recognized Finance Director Anna Rosenberry for a recent award received. 3:19:06 5. Provisional Adoption of Ordinance No. 1833, amending Bozeman Municipal Code (BMC) Section 2.03.540, related to gifts, gratuities and favors and amending BMC Section 2.03.600.A.14, related to attendance at the Charter required annual ethics training (Sullivan) 3:19:51 Greg Sullivan, City Attorney Mr. Sullivan along with Board Member Chris Caraway gave the staff presentation regarding the Provisional Adoption of Ordinance No. 1833, amending Bozeman Municipal Code (BMC) Section 2.03.540, related to gifts, gratuities and favors and amending BMC Section 2.03.600.A.14, related to attendance at the Charter required annual ethics training. 3:26:31 Commission Questions for Staff The Commission and staff spoke regarding task forces and the requirement for ethics training, 3:32:14 Continued staff presentation 3:39:05 Commission questions for staff The Commission and staff spoke regarding the threshold amount and scenarios along with official capacity positions. 4:03:42 Public Comment Mayor Becker opened public comment. No person commented. Mayor Becker closed public comment. 4:04:24 Motion to provisionally adopt Ordinance No. 1833 as proposed by the Board of Ethics and incorporate the suggested amendments to 2.03.600.A.14 incorporated in a memorandum dated June 25, 2012 from City Attorney Sullivan. It was moved by Cr. Mehl, seconded by Cr. Andrus to provisionally adopt Ordinance No. 1833 as proposed by the Board of Ethics and incorporate the suggested amendments to 2.03.600.A.14 incorporated in a memorandum dated June 25, 2012 from City Attorney Sullivan. 4:05:05 Commission discussion on the Motion 43 Minutes of the Bozeman City Commission Meeting, June 25, 2012 Page 12 of 14 4:05:55 Vote on the Motion to provisionally adopt Ordinance No. 1833 as proposed by the Board of Ethics and incorporate the suggested amendments to 2.03.600.A.14 incorporated in a memorandum dated June 25, 2012 from City Attorney Sullivan. Those voting Aye being Crs. Mehl, Andrus, Taylor, Deputy Mayor Krauss and Mayor Becker. Those voting No being none. The motion passed 5-0. 4:06:14 6. Working Group Recommended Alternatives for the Regulation of Mobile Food Vendors (Krueger) 4:06:37 Brian Krueger, Planning Associate Mr. Krueger gave the staff presentation regarding the Working Group Recommended Alternatives for the Regulation of Mobile Food Vendors. 4:09:56 Commission questions for Staff The Commission and staff spoke regarding if nothing was done, numbers of mobile food vendors and cost of parking spaces. 4:14:57 Public Comment Mayor Becker opened public comment. 4:15:13 Nick Bryce, Public Comment Mr. Bryce of 20 East Garfield voiced his support for the work that has been done. He has issues in re3gards to gravel lots and would prefer not to have a policy for gravel lots. 4:18:33 Hans Zeck, Public Comment Mr. Zeck of 1128 East Babcock spoke regarding the benefits of food trucks. 4:20:43 Bob Fletcher, Public Comment Mr. Fletcher stated that he owns 3 businesses on Main Street. He spoke regarding his concern of losing parking spaces all of the time. 4:24:43 Jay Boski, Public Comment Mr. Boski 2966 Unit B, Wordal Way stated that he is a food truck operator. He spoke regarding the setbacks. 4:26:56 Dennis Davis, Public Comment Mr. Davis stated that he supports what the working group has come up with. 44 Minutes of the Bozeman City Commission Meeting, June 25, 2012 Page 13 of 14 4:28:48 Public Comment closed Mayor Becker closed public comment. 4:29:03 Motion and Vote to extend the meeting 25 minutes. It was moved by Cr. Mehl, seconded by Cr. Andrus to extend the meeting 25 minutes. Those voting Aye being Crs. Mehl, Andrus and Taylor. Those voting No being Deputy Mayor Krauss and Mayor Becker. The motion passed 3-2. 4:29:45 Commission discussion The Commission discussed noise mitigation, idling, length of vehicles, public parking spaces, setbacks, prior behavior of some food trucks downtown, downtown areas and outdoor seating areas, the right of way downtown permissions, fees, the process of notifying people of the working group meetings, signage and late night services. 4:48:05 7. Parking Commission Appointment (Kissel) 4:48:09 Motion and Vote to approve the appointment by Mayor Becker of Ryan Olson to the Parking Commission. It was moved by Deputy Mayor Krauss, seconded by Cr. Mehl to approve the appointment by Mayor Becker of Ryan Olson to the Parking Commission. Those voting Aye being Deputy Mayor Krauss, Crs. Mehl, Andrus, Taylor and Mayor Becker. Those voting No being none. The motion passed 5-0. 4:48:29 I. FYI/Discussion 1. Armory A request was made to clarify a prior motion from a prior Commission Meeting related to the Armory. The Commission will review the prior motion on this issue and determine if it should be brought back on an agenda. 2. Commission Packets 45 Minutes of the Bozeman City Commission Meeting, June 25, 2012 Page 14 of 14 4:54:54 J. Adjournment Mayor Becker adjourned the meeting at 10:58 p.m. ____________________________________ Sean Becker, Mayor ATTEST: ______________________________________ Stacy Ulmen, CMC, City Clerk PREPARED BY: ______________________________________ Stacy Ulmen, CMC, City Clerk Approved on ___________________________ 46 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Brian LaMeres, City Controller Anna Rosenberry, Director of Finance Chris Kukulski, City Manager SUBJECT: Accounts Payable Claims Review and Approval MEETING DATE: August 6, 2012 AGENDA ITEM TYPE: Consent RECOMMENDATION: The City Commission approves payment of the claims. , BACKGROUND: Section 7-6-4301 MCA states that claims should not be paid by the City until they have been first presented to the City Commission. Claims presented to the City Commission have been reviewed by the Finance Department to ensure that all proper supporting documentation has been submitted, all required departmental authorized signatures are present indicating that the goods or services have been received and that the expenditure is within budget, and that the account coding is correct. UNRESOLVED ISSUES: None ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: The total amount of the claims to be paid is presented at the bottom of the Expenditure Approval List posted on the City’s website at http://www.bozeman.net/Departments-(1)/Finance/Purchasing/Reports.aspx Individual claims in excess of $500,000: to be announced in weekly e-mail from Accounts Payable Clerks Jenna Louttit and Marcy Yeykal. Attachments: Expenditure Approval List (e-mailed) and posted on the City of Bozeman’s website at http://www.bozeman.net/Departments-(1)/Finance/Purchasing/Reports.aspx Report compiled on: July 26, 2012 47 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Bob Murray, Project Engineer Rick Hixson, City Engineer SUBJECT: Water Renovations Field Survey Project Amendment No. 1 MEETING DATE: August 6th, 2012 AGENDA ITEM TYPE: Consent RECOMMENDATION: Approve and authorize City Manager to sign Amendment No 1 to the Professional Services Agreement. BACKGROUND: Attached is a copy of the partially executed Amendment No. 1 with Morrison Maierle, Inc. for the Water Renovations Field Survey Project. When engineering staff got further into the design of the 2012 water renovations project, we discovered that there were additional areas that needed to be surveyed in order to complete the design. This included three areas on North Rouse in and around the Bryant and Bond Street intersections. The additional surveying is necessary to design the extensions required to eliminate a redundant main in Rouse. Also included was Church between Cottonwood and Aspen. By installing a main in this area, we will be able to eliminate several long service lines that go under Bozeman Creek. Finally, we added additional areas at each cross streets along Story from Church to Tracy. This was to facilitate the eventual street reconstruction project that will follow the water main replacement. Engineering staff has reviewed the amendment and found it to be acceptable. UNRESOLVED ISSUES: None ALTERNATIVES: As suggested by the City Commission FISCAL EFFECTS: If approved, this amendment will increase the fee by $11,217.88 from $72,307.88 to $83,525.76. Attachments: Amendment No. 1 Report compiled on: 7/17/12 48 49 50 51 52 53 54 55 56 57 58 59 60 61 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Bob Murray, Project Engineer Rick Hixson, City Engineer SUBJECT: 2008 Sewer Rehabilitation project MEETING DATE: August 6th, 2012 AGENDA ITEM TYPE: Consent RECOMMENDATION: Approve and authorize City Manager to sign Amendment No 4 to the Professional Services Agreement. BACKGROUND: Attached is a copy of the partially executed Amendment No. 4 with Great West Engineering, Inc. for Professional Engineering Services for the sewer main renovation project. The document is in the City’s standard format. The amendment is to add the bidding and construction phase services to the project. They were not included in the original agreement because the scope of work for the construction project had not been finalized due to budgetary constraints. The proposed fee of $74,650 appears to be commensurate with the project complexity and anticipated total project cost. UNRESOLVED ISSUES: None ALTERNATIVES: As suggested by the City Commission FISCAL EFFECTS: If approved, this amendment will increase the fee by $74,650 from $134,380 to $209,030. Attachments: Amendment No. 4 Report compiled on: 7/24/12 62 63 64 65 66 67 68 69 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Bob Murray, Project Engineer Rick Hixson, City Engineer SUBJECT: J&D Family GM Dealership Access & Utility Easement MEETING DATE: August 6th, 2012 AGENDA ITEM TYPE: Consent RECOMMENDATION: Authorize the City Manager to sign the Access & Utility Easement BACKGROUND: Attached is a copy of the Access & Utility Easement for the above referenced project. As part of the development of the dealership lot, a common drive access was installed to connect this lot with the lot to the north. The easement provides for joint access of this drive aisle. Engineering staff has reviewed the document and it them to be acceptable. UNRESOLVED ISSUES: None ALTERNATIVES: As suggested by the Commission FISCAL EFFECTS: None Attachments: Easement Document Report compiled on: 7/17/12 70 71 72 73 Page | 1 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Bob Risk, Chief Building Official SUBJECT: Building Inspection 4th Quarter FY12 Update April 1, 2012 – June 30, 2012 MEETING DATE: August 6, 2012 AGENDA ITEM TYPE: Consent RECOMMENDATION: Accept this report detailing the financial and workload position of the Building Inspection Division for the quarter ending June 30, 2012. Note: Bold/Italicized/Underlined text also represents the FY12 year end numbers. BACKGROUND: To keep the City Commission and the City Administration informed regarding the Building Division revenues and workloads we committed to make quarterly reports regarding revenues, staffing levels and operating costs within the department. The following sections represent the FY12 4th Quarter. A. REVENUE: Our total revenue for the 4th quarter was $284,256. Third Quarter Monthly Revenues April $83,529 May $110,137 June $90,590 Average Monthly Revenues: $94,752 74 Page | 2 B. EXPENDITURES: Our total expenditures for the 4th Quarter were $201,401. Third Quarter Expenditures April $63,420 May $65,593 June $72,389 Average Monthly Expenditures: $67,133 For Fiscal Year 2012, our total revenue amount equaled $924,175 and our total expenditure amount equaled $795,665. Building Division Revenue/Expenditure Comparison 0 20,000 40,000 60,000 80,000 100,000 120,000 140,000 Revenues Expenditures C. CASH RESERVE: The Administrative Rules of Montana allow the building division to maintain a “cash reserve fund” derived from building permit fees provided that the reserve amount does not exceed the building division operating costs for a 12 month period. Our estimate of the building division operating costs for FY12 was $909,518. At the beginning of the 4th quarter the Building Inspection Fund Cash Reserve was $858,181. At the end of the 4th quarter our Cash Reserve balance was $985,903. Note: Our final cash reserve balance includes an insurance reimbursement for hail damage repair of $42,411. 75 Page | 3 At the beginning of the fiscal year the Building Inspection Fund Cash Reserve was $814,982. At the end of the fiscal year the Cash Reserve Balance was $985,903 which is an overall increase for the year of $170,921 including the insurance reimbursement. Our current Cash Reserve Fund balance of $985,903 represents about 100% of our FY13 Budget Request of $986,616. D. PERMIT ACTIVITY: Building Permits for New Construction Only - Does not include tenant improvements, remodels, re-roofs, etc. Permit Type 1st QTR 2nd QTR 3rd QTR 4th QTR Yearly Totals Building 971 371 261 524 2127 Electrical 184 148 144 200 676 Plumb/Mech 243 185 222 266 916 Fire Systems 26 16 18 9 69 Demolition 11 0 11 9 31 Total Permits 1435 720 656 1008 3819 E. NEW BUILDING VALUATION: New Construction Only - Does not include tenant improvements, remodels, re-roofs, etc. Occupancy Type 1st QTR 2nd QTR 3rd QTR 4th QTR Yearly Totals Commercial $3,649,510 $4,897,945 $153,890 $2,472,516 $11,173,861 Residential $12,564,676 $12,286,884 $10,886,906 $26,855,030 $62,593,496 Total $16,214,186 $17,184,829 $11,040,796 $29,327,546 $73,767,357 F. PLAN REVIEW: Completed Plan Reviews. Permit Type 1st QTR 2nd QTR 3rd QTR 4th QTR Yearly Totals Commercial 124 81 125 151 481 Residential 165 114 115 279 673 Total 289 195 240 430 1154 76 Page | 4 G. BUILDING INSPECTION: Completed Building Inspections; Average Daily Inspections (per inspector) Standard 15 April 20.11 May 19.46 June 18.23 Average inspections per day for the quarter- 19.33 The total number of completed inspections for FY12 was 13,281 H. CODE COMPLIANCE: Activity 1st QTR 2nd QTR 3rd QTR 4th QTR Yearly Totals New Cases 7 17 20 15 59 Closed Cases 16 20 14 17 67 Citizen Complaints 16 21 21 20 78 Stop Work Orders 18 26 8 18 60 Business License Inspections 223 188 250 190 851 Building Inspections 983 845 288 0 2116 I. STAFFING: At this time, the Building Division staff consists of the Chief Building Official, 2 Plans Examiners, 4 Building Inspectors, 1 Code Compliance Officer, 1 Permit Coordinator, and 1 Permit Technician. The COB Planning Director currently serves as the Building Division department head. J. STATE OF THE DIVISION: Construction remained steady throughout FY12 and new housing starts along with consistent commercial building activity kept staff extremely busy. To meet the current and projected inspection workloads, we filled a vacant staff position by adding 1 FTE Building Inspector to our team. As part of our continuing effort to improve our already excellent customer service, we’ve expanded our customer services to include in-house planning and pre-construction consultation and on an “as needed” basis, on-site project consultation. For the year ahead, the building division staff will continue to make customer 77 Page | 5 service a top priority. In addition we will continue exploring the possibilities of increasing staff efficiency by making technological upgrades to our permit processing software and hardware. We’ll also continue working with the Planning Department to improve and streamline the permit issuance procedure and promote adoption of the International Property Maintenance Code. We are about to enter a new code cycle based on the 2012 International Building Codes so training is definitely on our mind. In preparation for the upcoming code changes, we are beginning to plan our Third Annual Winter Training Program which will be open to anyone who is interested, including all COB employees, other building departments, contractors, design professionals and homeowners. We are anticipating that FY13 will be busy, much like the previous year and we’re all looking forward to the opportunities and challenges the new year will bring. UNRESOLVED ISSUES: None. ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: Our monthly revenue for the 4th Quarter averaged $94,752 per month and totaled $284,256 for the quarter. Our total revenue for FY12 was $924,175 Our monthly expenditures for the 4th quarter averaged $67,133 per month and totaled $201,401 for the quarter. Our total expenditures for FY12 were $795,665. The Building Division Reserve Fund balance at the end of the 4th Quarter was $985,903 which equals approximately 100% of our FY13 Budget Request of $986,616. Attachments: None Report Compiled On: July 5, 2012 78 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Thom White, Park and Cemetery Superintendent SUBJECT: Accept a grant of Trail Easement and enter into Construction Agreement for a new trail on Gallatin Mall Group, LLC Property, in partnership with Gallatin Valley Land Trust MEETING DATE: August 6, 2012 AGENDA ITEM TYPE: Consent RECOMMENDATION: That the City Commission accept a grant of Trail Easement on property owned by Gallatin Valley Mall, Inc., to connect the Bozeman West Side Trail with the Bozeman Pond trail system; and that the City Commission enter into a Construction Agreement for the construction of said trail, in partnership with Gallatin Valley Land Trust. BACKGROUND: After several years of discussion and negotiation, the Gallatin Valley Mall has offered to grant a trail easement to the City of Bozeman for a trail corridor approximately 780 feet long and 16 feet wide, which will connect the West Side Trail to the Bozeman Pond trail system. (The 1.2-mile West Side Trail connects from the Gallatin Valley Mall north to the Regional Park.) Without this trail connection, pedestrians and bicyclists who are attempting to go from the West Side Trail to the Bozeman Pond trail system are forced into a street and parking lot, creating an unsafe situation. The trail connection will ensure safe passage between the West Side Trail and Bozeman Ponds, also linking users to the new paved, mixed-use path on College/Huffine and helping to connect the climbing boulders at the Bozeman Ponds with the newest boulders at the Regional Park. The Gallatin Valley Land Trust will lead the trail construction, including development of new signage and relocation of fencing. This work will be completed with generous funding from a City Parkland Improvement Grant, FW&P Recreational Trails Program Grant, and a grant from REI. To clarify construction details, the Gallatin Mall Group requested we enter into a Construction Agreement, which outlines the trail specifications, access to the construction site, and in which GVLT indemnifies the City and the Gallatin Mall Group and agrees to name both parties as additional insureds during the construction. 79 RECREATION AND PARKS ADVISORY BOARD: The Recreation and Parks Advisory Board has approved this project and supported it with a Parkland Improvement Grant. This trail connection was also explicitly identified in the 2007 PROST plan. UNRESOLVED ISSUES: None determined at this time. ALTERNATIVES: As suggested by commission. FISCAL EFFECTS: All costs will be covered by the Gallatin Valley Land Trust, including signage, fencing, and trail construction. Ongoing maintenance of the trail will be incorporated into the overall City trail system, in partnership with Gallatin Valley Land Trust. Attachments: • Grant of Trail Easement • Construction Agreement 80 1 After recording, return to: Gallatin Valley Land Trust PO Box 7021 Bozeman, MT 59771 TRAIL CORRIDOR ACCESS EASEMENT AGREEMENT THIS AGREEMENT (the “Agreement”) is made and entered into this ___ day of ________ , 2012, by and between Gallatin Mall Group, L.L.C. a Montana limited liability company, with address at P.O. Box 80510, 2280 Grant Road, Suite A, Billings, Montana 59108- 0510 (“Owner”), and City of Bozeman , a Municipal Corporation of the State of Montana, with offices at 121 North Rouse, Bozeman, Montana 59715 (“User”). R E C I T A L S WHEREAS, Owner is the owner of certain real property in Gallatin County, Montana, more particularly described on Exhibit A, attached hereto and by this reference incorporated herein (“the Property”); and WHEREAS, the Property lies adjacent to properties across which has been established a public trail easement that comprises part of a public trail system that is of significant interest and value to User and the general public; and WHEREAS, Owner desires to quit claim to User an easement across a portion of the Property for purposes of preserving open space and establishing a public, non-motorized trail that will connect previously established public trails on nearby lands and thereby provide for and preserve open space and recreational opportunities and assist in shaping the character, and direction of development of the City of Bozeman; and WHEREAS, User is a “public body,” authorized to acquire interests in real property for purposes of providing or preserving public parks, open space land values, and recreational opportunities; NOW, THEREFORE, it is agreed as follows: 1. Easement In consideration of the sum of one ($1.00) and other good and valuable consideration, receipt of which is hereby acknowledged, Owner, Gallatin Mall Group, L.L.C., hereby quit claims unto User, City of Bozeman, a nonexclusive trail easement (“the Easement”) on, over and 81 2 across the Property consisting of a corridor sixteen feet (16') in width lying along an alignment shown on the map attached hereto as Exhibit B, and by this reference incorporated herein, for the duration and purpose set forth herein below and consisting of the rights hereinafter enumerated. 2. Duration The Easement is granted in perpetuity and shall run with the land so as to be forever binding upon the parties hereto and their respective heirs, personal representatives, administrators, successors and assigns, unless terminated, amended or temporarily restricted as herein provided. 3. Any amendment of this Agreement must be in writing, signed by Owner and User, and recorded in the Public Records. Amendment 4. The Easement can be terminated upon mutual agreement of Owner and User, or as provided for herein below. Termination 5. The purpose of this Easement is to preserve and maintain the area within the Easement boundary (“Easement Corridor”) as open space and for use, preservation and maintenance of a right-of-way for a public, non-motorized trail for the use and benefit of the User and the general public. Purpose 6. The rights and corresponding obligations conveyed by this Agreement are as follows: Rights Conveyed A. To maintain the Easement Corridor as open space free from man-made improvements except as otherwise provided herein; B. To establish within the Easement Corridor a trail for non-motorized use not to exceed six feet (6') in width; C. To lay out, mark, develop, construct, maintain or relocate a trail or foot path within the Easement Corridor; D. To develop, construct, maintain, and repair gates, turnstiles, steps, fences, bridges, board- walks, or other developments that are reasonable and necessary for management of the Easement Corridor. E. To make minor topographical changes to the Property within the Easement Corridor for the necessity and convenience of locating a trail; F. To establish and maintain appropriate signage within the Easement Corridor marking the trail and providing directions or other appropriate information in connection with the trail; 82 3 G. To enter upon the Easement Corridor for all reasonable and necessary construction, maintenance and repair of the trail, and Easement Corridor; H. To manage vegetation within the Easement Corridor through selective planting and/or removal of trees, shrubs, grasses or exotic or noxious plant species in order to maintain and enhance the scenic, natural, ecological and open space values of the Easement Corridor; and I. To maintain the Easement Corridor free from any condition that is offensive to the public health, safety or welfare or that constitutes a nuisance. 7. Limitation on Use of the Easement Except for motorized or battery propelled wheelchairs, public access on, over or across the Easement Corridor is limited to access by foot or other non-motorized means. Except for motor vehicles used by Owner or User for purposes of construction or maintenance of any trail that may be established within the Easement Corridor, use of motor vehicles within the Easement Corridor is prohibited. 8. Owner and User have the right to require that public use is conducted in a manner that does not unreasonably disturb plant or wildlife habitat or Owner’s quiet use and enjoyment of the Property. Owner and User have the right to mutually agree to limit, restrict, or prohibit public use on all or any part of the Easement either, a) temporarily to assure safety or for maintenance purposes, b) indefinitely, as necessary or appropriate, to achieve the purposes of this Agreement, c) to preserve important conservation values, and/or d) to protect Owner’s quiet enjoyment of the Property. The Easement and the Easement Corridor shall be used only in compliance with any recorded covenants associated with Owner’s property. User shall take all necessary and appropriate action necessary to insure that the uses permitted within the Easement and the Easement Corridor do not violate: (a) the recorded Covenants and Conditions applicable to Owner’s property; (b) any rules adopted by Owner for the operation of the Shopping Center; (c) that would violate any Exclusive Use or Protection Clause granted to any Tenant within the Shopping Center (Owner’s property); and/or (d) that would have a detrimental impact upon the Shopping Center and/or any Tenant of the Shopping Center. Access Restrictions 9. Fees No fees shall be charged by Owner to User or by User to the general public (as the case may be) for their use of the Easement Corridor. 10. This Agreement is intended to be interpreted so as to convey to Owner and User all of the protections from liability provided by the §70-16-301 and §70-16-302 of the Montana Code Annotated, as amended through the applicable date of reference, or any other Applicable Law that provides immunity or limitation of liability for owners or possessors who make property available to the public for recreational purposes. Recreation Use Statute 11. Attorney Fees 83 4 In the event it is necessary for any of the parties hereto to bring any action to enforce the terms and covenants of this agreement, it is agreed that the prevailing party shall be entitled to reasonable Litigation Expenses (as hereinabove defined), including the cost of any in-house counsel (should either party have such counsel) as determined by the Court. 12. Owner’s Representations Notwithstanding that the Easement provided herein is without warranty, Owner represents that it is the current owner in fee title to the Property, and that it has full legal authority to convey the rights provided for in this Easement to User free of encumbrances not previously agreed to by User. . 13. Retained Rights Except for the rights expressly conveyed to User hereunder, Owner reserves to itself, its’ personal representatives, heirs, successors and assigns, all other rights arising out of ownership of the Property, including, without limitation, the right to engage in, or permit or invite others to engage in, all uses of the Property not expressly prohibited herein and that are consistent with the terms of this Agreement, including, again without limitation, the following enumerated rights: . A. A right-of-way on, over and across the Easement for purposes of construction of a parking area on portions of the Property adjoining the Easement and placement of underground utilities for the benefit of the Property, the location of which may be designated by Owner at a future date; and B. To relocate (but not terminate) all or portions of the Easement as described herein, provided that Owner shall first give User reasonable, advance notice of Owner’s intention to relocate the Easement and User consents to such relocation. Such notice shall include plans and specifications of such reasonable detail that User will be able to make an informed decision regarding its consent to such relocation, which consent shall not be unreasonably withheld, conditioned or delayed. User shall enjoy all rights conveyed in this Agreement with respect to the Easement as relocated. 16. Construction, maintenance, repair and replacement of the trail improvements shall be the sole and exclusive duty and responsibility of User. User is responsible for maintaining the Easement Corridor free from any condition that is offensive to the public health, safet y or welfare or that constitutes a nuisance. User shall construct, repair, and maintain the Easement Corridor and the trail improvements so that it is safe and consistent with a First Class Commercial Development. Maintenance 17. If Owner determines that User is in violation of the terms of this agreement, Owner may give written notice to User of such violation. In said notice of violation, Owner may demand corrective action sufficient to cure the violation. If User: a) Fails to cure the violation within thirty (30) days after receipt of notice thereof from Owner, or b) under circumstances where the violation cannot reasonably be cured within a thirty (30) day period, fails to begin curing such violation within thirty (30) days after receipt of notice thereof from User (or, within 30 days of Breach and Restoration 84 5 User’s receipt of notice from Owner, fails to agree with Owner in writing on a date by which efforts to cure such violation will reasonably begin), or c) fails to continue diligently to cure such violation until finally cured, then Owner may bring an action, without bond or surety required, to enforce the terms of this agreement, to temporarily close the trail to public access, to require the restoration of the Property to the condition that existed prior to any such injury, and to recover any damages to which it may be entitled for violation of the terms of this agreement. 18. Mediation Owner and User agree that nonbinding mediation offers an alternative to the expense and time required to resolve disputes by litigation. Mediation is therefore the parties’ preferred dispute resolution procedure when circumstances do not require Owner or User to seek immediate injunctive relief from the courts. In the event of any dispute between Owner and User over the meaning, requirements, interpretation, or implementation of this Agreement, Owner or User may refer the dispute to mediation by written request served upon the other party. The non- requesting party shall have ten (10) days after receipt of a mediation request to consent thereto or to refuse to mediate the dispute. The mediation process shall proceed as follows: . A. Within ten (10) days after Owner and User agree to mediation of a dispute, the parties shall mutually select a mediator. Mediation hearings shall remain informal, with each party being permitted to present such facts and evidence as it may reasonably believe supports that party’s position. Costs and expenses of mediation shall be divided equally between Owner and User. B. Notwithstanding any provision to the contrary, the nonbinding mediation procedure set forth herein shall in no way be construed to deprive Owner and User from any judicial remedies provided at law, or by agreement herein, and is intended solely as an informal dispute resolution mechanism. Neither Owner nor User shall have the right to compel performance of the mediator’s recommended solutions, unless such solutions are reduced to a binding written Agreement between Owner and User at the conclusion of the mediation process. The parties hereto intend that each conflict and dispute submitted to mediation shall be unique, with facts, circumstances, and recommended resolutions to be determined on a case-by- case basis, without reference to prior conflicts, disputes, or the resolutions thereto. 19. Acceptance By its signature set forth herein below, User hereby accepts the foregoing grant of this Trail Access Easement subject to the terms and conditions herein contained. . 20. This Agreement extends to and is binding upon the parties and their respective heirs, personal representatives, successors and assigns. Binding Effect. 21. (a) Any notice to be given hereunder must be in writing and may be either delivered personally or sent by prepaid, registered or certified mail or overnight delivery service. If mailed, Notices. 85 6 any such notice will be effective on the earlier of the date three (3) business days following the date upon which it was postmarked or the date the party receiving such notice certifies receipt. If sent by a reputable overnight delivery service, notice will be deemed given and received upon the date actually delivered as indicated by the records of such overnight delivery service. The addresses of the parties for the purpose of notice will be as provided for in the opening paragraph of this Agreement. Notwithstanding the foregoing, during any interruption in the regular postal service, any notice will be effective only when actually received. (b) The addresses to which notices are to be given may be changed at any time by any party upon fifteen (15) days written notice to the other party. (c) The term "notice" includes without limitation requests, demands, designations, statements or other writings required or permitted by this Lease to be given by one party to the other and all originating notices in support of any legal proceeding (including an arbitration or mediation). DATED this ___ day of _________________ , 2012. OWNER: GALLATIN MALL GROUP, L.L.C. By: ____________________________________________ John P. Morrow Its: Managing Member State of: County of: This instrument was acknowledged before me on this _____ day of _______________, 2012 by JOHN P. MORROW in his capacity as Managing Member of GALLATIN MALL GROUP, LLC . (Signature) (seal) (Name) Title/Rank: Notary Public for the State of Washington, County of Spokane Residing at: Spokane My commission expires: 86 7 DATED this ___ day of _________________ , 2012. USER: CITY OF BOZEMAN ___________________________________________ By: ______________________________ Its: ______________________________ State of: Montana County of: Gallatin This instrument was acknowledged before me on this _____ day of _______________, 2012 by ______________________________ in his or her capacity as ____________________________ of CITY OF BOZEMAN (Signature) (seal) (Name) Title/Rank: Residing at: My commission expires: 87 8 EXHIBIT A Tract 1 of Certificate of Survey No. 647A, located in the S1/2SW1/4 of Section 11, Township 2 South, Range 5 East, P.M.M., in the City of Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County, Montana. Subject to all third party rights of record in the Property existing at the time of conveyance of the Easement and not subordinated to the Easement. 88 9 EXHIBIT B 89 1 TRAIL CONTRUCTION AGREEMENT THIS TRAIL CONSTRUCTION AGREEMENT (the “Construction Agreement”) is made and entered into this ___ day of ________, 2012, by and between Gallatin Mall Group, L.L.C. a Montana limited liability company, with address at P.O. Box 80510, 2280 Grant Road, Suite A, Billings, Montana 59108-0510 (“Landowner”); the City of Bozeman, a Municipal Corporation of the State of Montana, with offices at 121 North Rouse, Bozeman, Montana 59715 (“City”), and the Gallatin Valley Land Trust , a non-profit Montana corporation with its offices located at 25 N. Willson, Suite E, Bozeman, MT 59715 (hereafter “GVLT”), which is acting as the City’s agent for the purposes of overseeing and coordinating trail construction hereunder. R E C I T A L S WHEREAS, City and Landowner entered into a certain Trail Corridor Access Agreement (hereafter “Trail Easement”) burdening real property owned by Landowner, as described in Exhibit A hereof, and the route of the Trail Easement is depicted on Exhibit B attached hereto; and WHEREAS, the City now proposes to construct a trail within said Trail Easement for the purpose of providing recreational pedestrian and non-motorized access, as envisioned in the Trail Easement; and WHEREAS, the City has reached an agreement with GVLT, under which GVLT will act as the City’s agent in construction of the trail within the Easement in accordance with the terms of this Construction Agreement; and WHEREAS, Landowner understands, accepts and agrees to GVLT’s role as the City’s agent in overseeing and managing the construction of the trail within the Trail Easement. NOW, THEREFORE, it is agreed as follows: 1. Trail construction responsibilities The Landowner and the City hereby agree that GVLT shall be responsible for construction of the a public trail according to specifications outlined both in this Construction Agreement and in the Trail Easement, including but not limited to the hiring and supervision of licensed and bonded landscaping companies, other professional service providers, and/or supervision of volunteers who contribute time, skills, and labor to complete trail construction (hereafter collectively referred to as “GVLT’s contractors”). 2. Landowner agrees to provide the City and GVLT, and all of GVLT’s contractors, employees, laborers, and volunteers, with access to the Trail Easement over and across its adjacent Mall properties, as depicted on Exhibit B attached hereto, for the term of this Access for construction. 90 2 Construction Agreement as defined by Paragraph 3 below, provided, however, that the City and GVLT and GVLT’s contractors may not block the roadway running behind the Mall at any time. Nevertheless, the Landowner expressly understands and agrees that the City and GVLT may create short-term obstruction of parts of said roadway as machinery and materials are delivered to the trail construction site. 3. Term of Agreement. Trail construction activity pursuant to this Construction Agreement may not exceed ten (10) days from the commencement of construction to the completion of all trail building activities by GVLT and by GVLT’s contractors, unless Landowner and GVLT mutually extend, in writing, the time allowed for trail construction hereunder. GVLT will notify the City and Landowner at least ten (10) calendar days prior to the start of construction and in said notice, GVLT will provide the City and the Landowner with the name of and contact information for GVLT’s supervising employee, and names and contact information of GVLT’s contractors, construction crew supervisors, and volunteer supervisors. GVLT will also notify, in writing, the Landowner and the City when construction is complete. 4. Specifications for trail construction The City, GVLT and the Landowner agree to the following trail specifications, as further described in Exhibit C: . (a) The length of the trail runs for approximately 780 feet and is located within a 16-foot wide Easement Corridor described in the Trail Easement. (b) The existing fence on the north side of the retention pond will be relocated to the south, as close to the pond as possible, to make room for the trail corridor. (c) The improved, finished surface of the trail will be six feet (6’) in width. (d) Overburden will be excavated to approximate 6” depth and base will be compacted. Excavated spoils will be spread on-site or removed. (e) Pit run gravel will be spread 3” deep and compacted. (f) Gravel fines (3/8 minus) will be spread 3” deep and compacted. (g) No living trees will be removed. Tree limbs and brush will be trimmed within the trail corridor to 10’ height for vertical clearance and 5’ both directions from centerline of trail for lateral clearance. 5. Changes to specifications Any change to the foregoing specifications outlined in Paragraph 4, as proposed by GVLT, must be specifically approved in writing the by the City and the Landowner, which approval may not be unreasonably denied. The 10-day term of this Construction Agreement shall automatically be deemed suspended from the date that GVLT first proposes a change until the date that the City and the Landowner inform GVLT of their agreement to the proposed modification, at which time the unfulfilled term of this Construction Agreement will begin to run again. . 6. Insurance; Indemnities Prior to commencing trail construction work pursuant to this Construction Agreement, GVLT agrees to provide Landowner and the City with certificates of worker’s compensation and liability insurance, which coverage shall include GVLT’s employees and volunteers, and . 91 3 evidence of worker’s compensation insurance and State of Montana Certificates of Contractor Registration for any independent contractors which GVLT hires to help with trail construction. GVLT will add both the City and Landowner as additional named insureds to its comprehensive and general liability insurance policy and will carry coverage in the amount of $1.0 Million per occurrence, $2.0 Million aggregate, and $3.0 Million in umbrella coverage. Such coverage shall provide for a a thirty (30) day notice of cancellation, with such notice to be served simultaneously upon Landowner. GVLT will provide proof of insurance, as outlined herein, upon receipt of the City’s and/or Landowner’s request. GVLT also agrees to indemnify, hold harmless, and defend the City and the Landowner, and their officers, employees, or agents for liability, damages, losses, or costs, including but not limited to reasonable attorney fees, but only to the extent that the liability, damages, losses, or costs are caused by the negligence, recklessness, or intentional misconduct of GVLT or GVLT's officers, employees, and agents. In addition, the Landowner agrees to indemnify, hold harmless, and defend the City and GVLT, and their officers, employees, or agents for liability, damages, losses, or costs, including but not limited to reasonable attorney fees, but only to the extent that the liability, damages, losses, or costs are caused by the negligence, recklessness, or intentional misconduct of the Landowner, or Landowner’s officers, employees, and agents, including tenants. 7. Any amendment of this Agreement must be in writing, signed by Landowner, the City and GVLT. Amendment 8. This Construction Agreement shall terminate completely upon Landowner’s receipt from GVLT of GVLT’s notice of completion of construction under Paragraph 3 above. The parties hereto may also mutually agree to terminate this Construction Agreement prior to the expiration of its term, provided all parties agree to the termination in writing. Termination 9. In the event of breach of this Construction Agreement, the non-breaching party and its successors and assigns shall be entitled to all remedies available under Montana law, both legal and equitable, including without limitation, injunctive and specific relief and compensatory damages. In the event any action is brought to construe or enforce the terms of this Construction Agreement or to recover damages for the breach thereof, the prevailing party shall be entitled to recover all fees and costs reasonably incurred therein, including (in addition to statutory costs) attorney’s fees, expert witness fees, and costs and fees on appeal. Breach and Restoration 10. Mediation The parties agree that nonbinding mediation offers an alternative to the expense and time required to resolve disputes by litigation. Mediation is therefore the parties’ preferred dispute resolution procedure when circumstances do not require the parties to seek immediate injunctive relief from the courts. In the event of any dispute over the meaning, requirements, interpretation, or implementation of this Construction Agreement, any party may refer the dispute to mediation by written request served upon the other parties. The non-requesting parties shall have ten (10) . 92 4 days after receipt of a mediation request to consent thereto or to refuse to mediate the dispute. The mediation process shall proceed as follows: A. Within ten (10) days after the parties agree to mediation of a dispute, the parties shall mutually select a mediator. Mediation hearings shall remain informal, with each party being permitted to present such facts and evidence as it may reasonably believe supports that party’s position. Costs and expenses of mediation shall be divided equally between the parties. B. Notwithstanding any provision to the contrary, the nonbinding mediation procedure set forth herein shall in no way be construed to deprive the parties from any judicial remedies provided at law, or by agreement herein, and is intended solely as an informal dispute resolution mechanism. No party shall have the right to compel performance of the mediator’s recommended solutions, unless such solutions are reduced to a binding written agreement between the parties at the conclusion of the mediation process. The parties hereto intend that each conflict and dispute submitted to mediation shall be unique, with facts, circumstances, and recommended resolutions to be determined on a case-by- case basis, without reference to prior conflicts, disputes, or the resolutions thereto. 11. Notice Whenever one party provides the other parties with written notice pursuant to the terms of this Agreement, such notice shall be directed to the names and addresses set forth on page 1 of this Construction Agreement. All notices shall be deemed effective when hand delivered, or deposited in the United States mail as registered or certified mail, with postage prepaid, or, if sent by facsimile device or e-mail, notice shall be presumed to have been received contemporaneous with transmission. In the event notice is provided by facsimile device or e- mail, it shall be followed by "hard copy." mailed to the parties to whom it has been directed, to the addresses as provided in this notice. . 12. Venue . The parties covenant and agree that this Agreement shall be interpreted and enforced according to the laws of the State of Montana and that venue for any dispute of the interpretation and enforcement of this Agreement shall be in Gallatin County, Montana. 13. Good faith . Each party promises and agrees to act in good faith and to deal fairly toward the other party in the management of this Construction Agreement. When any party’s consent or approval is required or requested by the other party, the consenting or approving party shall not unreasonably withhold such consent or approval. 14. Time is of the Essence . Time is of the essence of this Construction Agreement. The parties acknowledge that this Construction Agreement is subject to timely performance by the parties hereto of the covenants, terms and conditions set forth herein. Failure to adhere to the terms and conditions of this Construction Agreement may result in breach or termination, as hereinbefore described. 93 5 DATED this ___ day of _________________, 2012. LANDOWNER: ________________________________________________ By: John P. Morrow Its: Managing Member State of: County of: This instrument was acknowledged before me on this _____ day of _______________, 20______ by John P. Morrow in his capacity as Managing Member of GALLATIN MALL GROUP, LLC . (Signature) (seal) (Name) Title/Rank: Residing at: My commission expires: 94 6 DATED this ___ day of _________________, 2012. CITY OF BOZEMAN: ________________________________________________ By: ______________________________ Its:_______________________________ State of: County of: This instrument was acknowledged before me on this _____ day of _______________, 20______ by ______________________________ in his or her capacity as ____________________________ of CITY OF BOZEMAN (Signature) (seal) (Name) Title/Rank: Residing at: My commission expires: 95 7 DATED this ___ day of _________________, 2012. GALLATIN VALLEY LAND TRUST: ________________________________________________ By: Steve Schnee Its: President, Board of Directors State of: Montana County of: Gallatin This instrument was acknowledged before me on this _____ day of _______________, 20______ by Steve Schnee in his capacity as President of the Board of Directors of the Gallatin Valley Land Trust . (Signature) (seal) (Name) Title/Rank: Residing at: My commission expires: 96 8 EXHIBIT A Tract 1 of Certificate of Survey No. 647A, located in the S1/2SW1/4 of Section 11, Township 2 South, Range 5 East, P.M.M., in the City of Bozeman, Gallatin County, Montana, according to the official plat thereof on file and of record in the office of the County Clerk and Recorder, Gallatin County, Montana. Subject to all third party rights of record in the Property existing at the time of conveyance of the Easement and not subordinated to the Easement. 97 9 EXHIBIT B 98 10 Exhibit C: Trail Specifications 99 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Laurae Clark, Treasurer Anna Rosenberry, Finance Director Chris Kukulski, City Manager SUBJECT: Appoint a sub-committee of two commissioners to review pledged securities as of June 30, 2012. MEETING DATE: August 6, 2012 AGENDA ITEM TYPE: Consent RECOMMENDATION: Appoint Deputy Mayor Krauss and Commissioner Mehl to review the depository bonds and pledged securities as of June 30, 2012. BACKGROUND: Section 7-6-207 (2), MCA requires the City Commission to approve pledged securities at least quarterly. The Commission appoints two commissioners quarterly on a rotating basis. UNRESOLVED ISSUES: None ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: None Attachments: None 100 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Bob Murray, Project Engineer Rick Hixson, City Engineer SUBJECT: 2012 Water Renovations Project Notice of Award MEETING DATE: August 6th, 2012 AGENDA ITEM TYPE: Consent RECOMMENDATION: Ratify the City Manager’s signature on the Notice of Award to Johnston Excavating, Inc. for the Base Bid and Additive Alternates 1, 2, and 3 in the amount of $471,232.00. BACKGROUND: This item is to ratify the City Manager’s signature rather than the normal authorization due to unique time constraints associated with this project. The bids were opened to late to have the award on the agenda on the 23rd of July, and there was not a meeting on the 30th of July. The material supplier on the project notified us that the large butterfly valves on the Black portion of the project have a 10-11 week lead time for delivery, so it was important not to lose the two weeks waiting for the August 6th to get it on the agenda. Attached is a copy, of the Notice of Award for the above referenced project. The base bid generally involves replacement of existing mains, valves, fittings and appurtenances in the intersections of Black/College, Black/Garfield, Black/Tracy, Black/Black Cul-de-sac, and installation of approximately 140 lineal feet of new main in Harrision Avenue. The intersection work involves mains ranging in size from 6” to 24”. Service reinstatement is also included in the base bid. Alternate one involves replacement of existing mains with the installation of approximately 465 LF of 8” ductile iron water main and appurtenances on Peach Street. Alternate two involves replacement of existing mains with the installation of approximately 515 LF of 8” ductile iron water main and appurtenances on East Aspen Street and North Church Avenue. Alternate three involves replacement of existing mains with the installation of approximately 1076 LF of 8” ductile iron water main and appurtenances on Bryant Street and Gold Avenue. Bids for the above-referenced project were opened on July 10, 2012 with 4 bids being submitted. The low bid was submitted by Johnston Excavating, Inc in the amount of $471,232.00. The Bid Tabulation for the project is attached. The project is currently funded in the water fund in the current fiscal year at $1,100,000.00. UNRESOLVED ISSUES: None 101 ALTERNATIVES: Disapprove FISCAL EFFECTS: The project is fully funded in the water fund for this fiscal year. Attachments: Notice of Award, Bid Tabulation Report compiled on: 7/17/12 102 103 C5 \ \ /Cq f (\ j a 0: 0 7 J \ a / / k) \ k [ . 7 « a< kA M 3ƒ 10 IV ZO e 2 J LO§ U C . o^ D E i§ e$& § m; z z E kCL° umm» C) o,eiU) F_ e k)\> 2\ !}& k co' E aee e©] e« y/ E 3 [\) [ § [` A : E§ 2) 2( sa, is ca 104 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Greg Sullivan, City Attorney Aimee Brunckhorst, Deputy City Clerk SUBJECT: Final Adoption of Ordinance 1833 amending Section 2.03.540, BMC, related to gifts, gratuities and favors and amending Section 2.03.600.A.14, BMC, related to attendance at the Charter required annual ethics training. MEETING DATE: August 6, 2012. AGENDA ITEM TYPE: Consent. RECOMMENDATION: Finally adopt Ordinance 1833. SUGGESTED MOTION (if pulled from consent): I move to finally adopt Ordinance 1833. BACKGROUND: On June 25, 2012, the Commission provisionally adopted Ordinance 1833. At that time you requested several changes which are reflected in the attached Ordinance. The changes implementing your suggestions are highlighted. The Board of Ethics concurs with these changes. The changes include: • Addition of a provision to 2.03.540.C.2 to address expenses paid by a non-city entity above $100 if the expense is incurred while representing the City: An employee or official may accept payment or reimbursement from a person or entity for necessary expenses such as travel, lodging, meals, and registration fees in excess of $100 if the expense is incurred while representing the City and the reimbursement would not violate 2.03.540.B.1 and 2. Reimbursement or payment for educational activities in excess of $100 is permissible if the payment or reimbursement does not place or appear to place the official or employee under obligation, clearly serves the public good, and is not lavish or extravagant. 105 Please note that such an expense may be acceptable only if the expense does not violate the requirement of 2.03.540.B.1 and B.2. Disclosure would be required under 2.03.540.D. • The second sentence of above section also authorizes reimbursement for educational activities. It incorporates the statutory educational gift exemption found at Sect. 2-2- 102(3), MCA. • Clarification that compensation received by an employee or official for “officiating at a ceremony” is not a gift. See new section 2.03.540.E.4. NEXT STEPS: Should the Commission adopt these changes the Board will work toward amending the Ethics Handbook to reflect the above changes. Those amendments will be ministerial and will not come before the Commission. The Board will incorporate the changes into next year’s training. An email will be sent to all employees notifying them of the change. Directors and supervisors will be required to learn the new code and train employees. All City staff liaisons to the various boards will forward a notice of the adoption of the ordinance to all board members. The Board of Ethics continues to evaluate the Code of Ethics for legislative reform in areas including conflict of interests, post employment activities, and others. ALTERNATIVES: The Commission’s alternatives include: • Finally adopt Ordinance 1833 as drafted; • Suggest additional amendments to Ordinance 1833; and • Not finally adopt Ordinance 1833. FISCAL EFFECTS: None identified. Total costs of codifying this ordinance are approximately $69 for online and printed supplements. There will be staff time involved in drafting amendments to the Ethics Handbook and training employees and officials on the new provisions. Attachments: • Ordinance 1833 for final adoption; • Packet material from the June 25,, 2012 provisional adoption (excluded the ordinance). Report compiled on July 25, 2012 106 ORDINANCE NO. 1833 – Final Adoption Page 1 of 6 ORDINANCE NO. 1833 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING SECTION 2.03.540 OF THE BOZEMAN MUNICIPAL CODE RELATED TO GIFTS, GRATUITIES AND FAVORS AND AMENDING SECTION 2.03.600 BOZEMAN MUNICIPAL CODE AUTHORIZING REMOVAL OF APPOINTED OFFICIALS FOR FAILURE TO ATTEND CHARTER REQUIRED ETHICS TRAINING. WHEREAS, Section 7.01(b) of the Bozeman City Charter establishes an independent Board of Ethics and the duties and powers of the Board of Ethics are established at on 2.03.600, Bozeman Municipal Code (BMC) and include the authority to regularly evaluating all significant aspects of the administration and implementation of the City’s Code of Ethics; and WHEREAS, over the course of several public meetings the Board of Ethics reviewed proposed revisions to 2.03.540, BMC, related to gifts, gratuities and favors and voted on May 23, 2012 to forward to the City Commission the revisions to 2.03.540 set forth in this Ordiance; and WHEREAS, the Board of Ethics voted on May 23, 2012 to forward to the City Commission the revisions to 2.03.600 set forth in this Ordinance for the purpose of ensuring compliance with the Charter requirement for all officials to attend the annual ethics training by specifically providing a list of those who fail to attend and authorizing removal of appointed officials for failure to attend the required ethics training. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That Section 2.03.540 of the Bozeman Municipal Code shall be amended to read as follows: Sec. 2.03.540. - Gifts, gratuities and favors. A. Legislative Intent. The intent of this section is to further implement the declaration of policy set forth at 2.03.460 and establish specific standards of conduct related to gifts, gratuities, and 107 ORDINANCE NO. 1833 – Final Adoption Page 2 of 6 favors that are provided to a person because of a person’s employment or official position with the City. These standards recognize legitimate governmental interests exist that allow an employee or official to accept a gift, gratuity or favor in limited circumstances without such acceptance being considered the use of public office for private gain. These interests include but are not limited to establishing effective relationships with citizens, acceptance of professional and community awards for public service, and attending public events in an official capacity. At the same time, these standards make it clear that each public officer and employee holds such office or employment as a public trust. B. No official or employee shall accept a gift, gratuity, or favor from any person or entity:, except as authorized by law. 1. That would tend improperly to influence a reasonable person in the person's position to depart from the faithful and impartial discharge of the person's public duties; 2. That the person knows or that a reasonable person in that position should know under the circumstances is primarily for the purpose of rewarding the person for official action taken; or 3. Has a value of $100 or more for an individual. C. An employee or official may accept a gift, gratuity, or favor that has a value greater than $25 but less than $100 for an individual only if such gift, gratuity or favor: 1. complies with 2.03.540.B.1 and 2; and 2. is provided incidental to and in conjunction with a public event where the official or employee’s attendance is in fulfillment of their official duties. C. 1. An employee or official may accept a gift, gratuity, or favor that has a value greater than $25 but less than $100 for an individual only if such gift, gratuity or favor that complies with 2.03.540.B.1 and 2 and is provided incidental to and in conjunction with a public event where the official or employee’s attendance is in fulfillment of their official duties. 2. An employee or official may accept payment or reimbursement from a person or entity for necessary expenses such as travel, lodging, meals, and registration fees in excess of $100 if the expense is incurred while representing the City and the reimbursement would not violate 2.03.540.B.1 and 2. Reimbursement or payment for educational activities in excess of $100 is permissible if the payment or reimbursement does not place or appear 108 ORDINANCE NO. 1833 – Final Adoption Page 3 of 6 to place the official or employee under obligation, clearly serves the public good, and is not lavish or extravagant. D. Upon the acceptance of a gift, gratuity, favor or award pursuant to 2.03.540.C the recipient shall file a disclosure statement with the Board of Ethics. Such disclosure statement shall indicate the gift, its estimated value, the person or entity making the gift, the relationship to the employee or official, and the date of the gift. The disclosure statement is a public record. E. A gift, gratuity, or favor does not include: 1. Items or services provided an employee or official in their private capacity and without relationship to their employment or official position; 2. A prize received upon a random drawing at an event where the official or employee attends in their capacity as an employee or official, the drawing is open to all attendees, and receipt of the prize does not place the official or employee under obligation; or 3. An award publically presented to an employee or official in recognition of public service.; and 4. Compensation for officiating at a ceremony. Section 2 That Section 2.03.600.A.14 of the Bozeman Municipal Code shall be amended to read as follows: 2.03.600. – Duties and powers of the board. A. 14. In coordination with the city attorney, city manager, and other appropriate city personnel, arrange for the conduct of an annual workshop training and education, which shall serve as an orientation for new board members and an opportunity for experienced members to explore specific issues in depth.; a. aAttendance at this workshop training shall be made a condition of service as a member 109 ORDINANCE NO. 1833 – Final Adoption Page 4 of 6 of the board, and, before taking office, board members shall commit themselves to attend it. b. The City Clerk shall forward to the Commission annually a list of officials who fail to take the training required under this section and the Charter. The Commission may remove an official for failing to take the required training. Section 3 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4 Savings Provision. This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 5 Severability. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 6 110 ORDINANCE NO. 1833 – Final Adoption Page 5 of 6 Codification. This Ordinance shall be codified as indicated in Section 1 – 2. Section 7 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 111 ORDINANCE NO. 1833 – Final Adoption Page 6 of 6 PROVISIONALLY PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the _____ day of ________________, 2012. ____________________________________ Sean A. Becker, Mayor ATTEST: ____________________________________ STACY ULMEN, CMC City Clerk FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of ____________________, 2012. The effective date of this ordinance is __________, __, 2012. _________________________________ Sean A. Becker, Mayor ATTEST: _______________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 112 Commission Memorandum REPORT TO Honorable Mayor and City Commission FROM Greg Sullivan City Attorney Aimee Kissell Deputy City Clerk SUBJECT Provisional Adoption of Ordinance 1833 amending Section 2 03 540 BMC related to gifts gratuities and favors and amending Section 2 03 600 A 14 BMC related to attendance at the Charter required annual ethics training MEETING DATE June 25 2012 AGENDA ITEM TYPE Action RECOMMENDATION Conduct a public hearing consider this memorandum and the recommendations of the Board of Ethics and provisionally adopt amendments to the Code of Ethics as provided for in Ordinance 1833 SUGGESTED MOTION I move to provisionally adopt Ordinance 1833 as proposed by the Board of Ethics and incorporate the staff suggested amendment to 2 03 600 A 14 clarifying the only appointed officials may be removed by the Commission for failure to attend the required ethics training BACKGROUND Since the creation of the Board of Ethics Board in 2009 the Board has evaluated several provisions of the Code of Ethics the Code Over the past year the Board has focused on several sections of the Code including conflicts of interest post employment activities the Code s overall compliance with the Charter and for purposes of this meeting gifts gratuities and favors In addition in evaluating the City s ethics program the Board has discussed the implications for failure to attend the required annual ethics training On May 23 2012 the Board voted to forward to the Commission specific amendments to 2 03 540 BMC related to gifts gratuities and favors and amendments to 2 03 600 BMC regarding attendance at the annual training required by the Bozeman City Charter These provisions are included in Sections 1 and 2 respectively of Ordinance 1833 151113 I Gifts Gratuities and Favors Section 1 of Ordinance 1833 provides the specific proposed amendments to the gift provision of the Code as adopted by the Board As you can see from the proposed legislative intent section new 2 03 540 A the proposed amendments recognize legitimate governmental interests exist that allow an employee or official to accept a gift gratuity or favor in limited circumstances without such acceptance being considered the use of public office for private gain These interests include but are not limited to establishing effective relationships with citizens acceptance of professional and community awards for public service and attending public events in an official capacity The amendment recognizes the limited circumstances where an employee or official may accept a gift must be balanced with the mandate of the Bozeman City Charter at Sect 7 01 that each public officer and employee holds such office or employment as a public trust The Board s evaluation of the gift provision has been extensive First the Board spent numerous meetings over the past year discussing specific circumstances related to gifts and whether the Code s current outright prohibition against the acceptance of gifts established in 1987 is workable and enforceable For background information on the Board s process please see the attachment to the April 25 2012 memo to the Board from City Attorney Sullivan dated 2 15 12 1 The Board also requested evaluation of the proposed gift amendments by employees To fulfill the request we presented the proposed amendments to a meeting of mid upper level management and also to a focus group of a dozen employees Employee comments revealed numerous circumstances where the acceptance of gifts gratuities or favors would be deemed to be in the public interest These include food provided during the March 2009 blast employees receiving awards that have state wide or national significance prizes obtained as raffles at conferences pizzerias delivering falsely ordered pizza to firefighters lunch provided to City staff The examples discussed by the Board range from a tray of cookies provided to an office by outside entities or the public during the holidays to coffee provided to a city employee while on duty during cold weather Other examples discussed by the Board include awards given to an employee for public service such as a community award for longevity or an award for outstanding public service The Board also discussed issues related to an elected official s attendance at a community event and whether food offered at that event would constitute an improper gift Board members attended the recent ethics trainings and heard questions from officials and employees regarding what types of gifts if any can be accepted Throughout its discussions and evaluation of the gift provision the Board focused on the underlying purposes of the Code and legitimate purposes behind authorizing the acceptance of a gift 1 The 2 15 12 memorandum provides alternative approaches to addressing reform of the gift provision including an option to simply refer to State law 152114 by contractors during working meetings discounts provided as wellness programs in the form of ski tickets or gym memberships travel payments made by professional organizations to employees who serve as officials for that organization and gifts provided to long serving public employees for significant contributions to the betterment of the community such as plaques posters or embroidered vests Employees comments were generally neutral favorable to the amendments Based on these discussions the Board adopted the amendments provided in Section 1 of Ordinance 1833 Below is a description of each Subsection of the proposed amendments Subsection A provides a legislative intent statement to further assist the public employees and officials in understanding the parameters for accepting gifts That statement is discussed above Subsection B provides three important sideboards for which all gifts will be evaluated The first two subsections 2 03 0540 B 1 and 2 mirror state law and provide important limitations on the acceptance of gifts The Board also felt a third sideboard was critical Establishment of an upper limit on the value of an acceptable gift The Board chose 100 after lengthy discussion of the 50 limit in state law 2 Subsection C further limits the types of gifts that are acceptable The effect of Subsection C is that a gift with a value of less than 25 for an individual may be accepted without limitation as long as the gift complies with Subsection B s sideboards In other words as long as a gift has a value of less than 25 for an individual and the gifts would not tend improperly to influence a person to depart from the faithful and impartial discharge of that person s duties or the gift is not primarily for the purpose of rewarding the person for official action taken the gift can be accepted For a gift with a value between 25 and 100 the gift may be accepted by an employee or official only if that gift complies with the sideboards discussed above and is provided incidental to and in conjunction with a public event where the official or employee s attendance is in fulfillment with their official duties A public event does not necessarily require the event be open to the public but rather it requires that a significant number of persons are in attendance to expose the event to general view Subsection D requires that a gift accepted pursuant to 2 03 540 C the recipient must file a disclosure statement with the Board The amendment requires the disclosure statement to indicate the gift its estimated value the person or entity making the gift the relationship to the employee or official and the date of the gift This Subsection further states The disclosure statement is a public record 2 A discussion on the State law provisions regarding gifts found at Sect 2 2 102 3 and 2 2 104 1 b MCA is not included in this memo City Attorney Sullivan will be prepared to discuss the provisions during the action item 153115 Throughout the Board s discussion and comments from employees it became apparent that several items should not be considered a gift Subsection E specifically excludes the following from what constitutes a gift 1 Items or services provide an employee or official in their private capacity and without relationship to their employment or official position This exclusion is intended to assist the community and employees and officials in understanding that public officials and employees receive gifts and benefits as individuals without any relationship to their employment or position While this may seem obvious much discussion occurred regarding the line between private and public for City officials and employees 2 A prize received upon a random drawing at an event where the official or employee attends in their capacity as an employee or official the drawing is open to all attendees and receipt of the prize does not place the official or employee under obligation The purpose of this provision is to make it clear that when employees or officials travel to professional conferences for training or other purposes a prize received upon a random raffle may be accepted 3 An award publically presented to an employee or official in recognition of public service This provision clearly indicates an award in recognition of public service publically presented to an employee or official is not a gift On June 21 2012 the Board will be presented with a resolution memorializing its decision to adopt the above amendments As that meeting occurs after the deadline for this memorandum we will provide a copy to you on June 25th II Attendance at Mandatory Ethics Training Each year the Board in cooperation with City staff and with the assistance of the Montana Local Government Center develops a training program for all employees and officials The recent training during the winter spring of 2012 required the attendance of over 350 employees and over 200 officials at 16 training sessions with each session lasting 1 5 hours 3 Requiring mandatory training for appointed officials who serve the City as volunteers at times can certainly prove a hardship However given the requirement of the Charter and considering 3 You have previously been briefed on the training Data collected by the MSU Local Government Center during the trainings will be presented to you at a future meeting 154116 the flexible training schedule provided to officials the Board notes that appointed officials must attend the Charter mandated training As such the Board determined it would be appropriate to have the City Clerk annually inform the Commission of the appointed officials who fail to attend the required training In addition the amendment suggested by the Board provides express authority for the Commission to remove an appointed official for failure to take the required training As indicating in the suggested motion we suggest the Commission revise the Ordinance with the following revision clarifying removal is only for appointed officials b The City Clerk shall forward to the Commission annually a list of officials who fail to take the training required under this section and the Charter The Commission may remove an appointed official for failing to take the required training UNRESOLVED ISSUES NEXT STEPS Should the Commission adopt these changes the Board will work toward amending the Ethics Handbook to reflect the above changes Those amendments will be ministerial and will not come before the Commission The Board will incorporate the changes into next year s training An email will be sent to all employees notifying them of the change Directors and supervisors will be required to learn the new code and train employees All City staff liaisons to the various boards will forward a notice of the adoption of the ordinance to all board members The Board of Ethics continues to evaluate the Code of Ethics for legislative reform in areas including conflict of interests post employment activities and others ALTERNATIVES The Commission s alternatives include Adopt Ordinance 1833 as drafted with amendment proposed by staff Amend Ordinance 1833 as determined by the Commission and adopt and Not adopt Ordinance 1833 FISCAL EFFECTS None identified Total costs of codifying this ordinance are approximately 69 for online and printed supplements Attachments Ordinance 1833 April 25 2012 Memorandum to Board of Ethics which includes o 2 15 12 memo on provision in the Code of Ethics implementing the Sect 7 01 of the Charter and proposals for addressing gifts and o State law provisions on gifts Report compiled on June 15 2012 155117 Staff Memo for April 25 2012 Action Items F and G Page 1 of 4 Memorandum to the City of Bozeman Board of Ethics FROM Aimee Kissel Deputy City Clerk Greg Sullivan City Attorney MEETING DATE April 25 2012 RE Action on Recommendations to City Commission Regarding Amendments to City Code of Ethics Sections 2 03 540 amending gift provisions and 2 03 600 authorizing removal of official for non attendance at ethics trainings RECOMMENDATION Approve amendments to Code of Ethics recommending the Bozeman City Commission amend Bozeman Code of Ethics Sections 2 03 540 and 2 03 600 MOTION I move to adopt the amendments to Sections 2 03 540 related to gifts and Section 2 03 600 related to City Commission oversight of an officials attendance at ethics training as shown in this memorandum and recommend the Bozeman City Commission adopt an ordinance with the changes BACKGROUND This memorandum addresses two of your action items on April 25 the discussion on gift provision agenda item F and the discussion on the ramification for failure to obtain the annual ethics training agenda item G Pursuant to Sect 2 03 600 A 4 b the Board of Ethics may Recommend any legislative or administrative actions regarding the city s policies and practices which the board believes would or could enhance the ethical environment in which public servants work Upon your adoption we will forward your recommendations to the City Commission in the form of an ordinance on the next available Commission agenda I Amendments to the Code of Ethics Gift Provisions Over the past several meetings you have discussed several options for addressing the gift provision in the City of Bozeman s Code of Ethics Chpt 3 Art 3 BMC At your February 15th meeting I provided you a staff report attached that addressed numerous options for revising the gift provision in the Code of Ethics Based upon your discussion on February 15th I provide the following for your consideration and adoption as a recommendation to the City Commission 161118 Staff Memo for April 25 2012 Action Items F and G Page 2 of 4 Sec 2 03 540 Gifts gratuities and favors A No official or employee shall accept a gift gratuity or favor from any person or entity that except as authorized by law 1 Would tend improperly to influence a reasonable person in the person s position to depart from the faithful and impartial discharge of the person s public duties or 2 The person knows or that a reasonable person in that position should know under the circumstances is primarily for the purpose of rewarding the person for official action taken B An employee or official may not accept a gift gratuity or favor that complies with 2 03 540 A if the gift gratuity or favor has a value of 50 or more for an individual C An employee or official may accept a gift gratuity or favor that complies with 2 03 540 A if the gift gratuity or favor has a value greater than 15 but less than 50 for an individual only if the gift gratuity or favor is 1 Provided incidental to and in conjunction with a public event where the official or employee s attendance is in fulfillment of their official duties or 2 Constitutes an award publically presented to an employee or official in recognition of public service D Upon the acceptance of a gift gratuity favor or award pursuant to 2 03 540 C the recipient shall file a disclosure statement with the Board of Ethics Such disclosure statement shall indicate the gift it s estimated value the person or entity making the gift and the date of the gift The disclosure statement is a public record The highlighted sections address your discussion on the dollar thresholds Subsection A creates the general rule that a gift cannot be accepted if the gift violated either A 1 or A 2 The language from A 1 and A 2 is pulled directly from state law at 2 2 104 1 b see code at attached 2 15 12 memo Subsection B makes it clear that even if a gift complies with subsection A it may not be accepted if its value is greater than 50 Of course you may alter this dollar threshold Subsection C addresses the two main exceptions you discussed at your February meeting i ensuring an official has the capacity to carry out their duties and ii ensuring that employees that deserve recognition are not prohibited from accepted a personal item for that service What is NOT expressly mentioned but is clearly authorized by implication is that a gift with a value of 15 00 or less can be accepted without facts that make it fit into the categories listed in Subsection C The result of the proposed changes is that under no circumstances can a gift be accepted if it violates the standards of subsections A 1 and A 2 Next even if the gift complies with A 1 and 162119 Staff Memo for April 25 2012 Action Items F and G Page 3 of 4 A 2 it cannot be accepted if it exceeds the dollar value established in subsection B Subsection C then sets a relatively tight standard for gifts between 15 and 50 Gifts under 15 can be accepted as long as the gift doesn t run afoul of A 1 and A 2 You also discussed the possibility of a disclosure requirement I added language into subsection D This subsection requires disclosure for gifts that fall within the dollar limit and exceptions in subsection C This section also makes it clear the disclosure is a public record Please note we are researching the year the 50 limit was put into Montana state law and will have more on this for your meeting on Wednesday II Amendments to the Code of Ethics provisions on annual trainings for officials You also discussed this item previously at the February 15th meeting The citizen approved Bozeman City Charter adopted in 2008 states within Section 7 01 b The city commission shall appropriate sufficient funds to the city manager to provide annual training and education of city officials city boards and employees regarding the state and city ethics codes City officials board members and employees shall take an oath to uphold the state and city ethics codes Emphasis added Ordinance No 1759 passed in 2009 further clarified the meaning of this mandate This is contained within section 2 01 130 BMC Duties and Powers of the Board A 14 in coordination with the City Attorney City Manager and other appropriate City personnel arrange for the conduct of an annual workshop which shall serve as an orientation for new Board members and an opportunity for experienced members to explore specific issues in depth attendance at this workshop shall be made a condition of service as a member of the board and before taking office Board members shall commit themselves to attend it The City is now finishing up the third round of annual ethics trainings as required Questions have been raised as to the appropriate consequences and procedures to be taken if a board or committee member official does not attend the annual training In the past the city clerk has informed Commissioners at the time of re appointment if a board member has failed to take the training Since terms usually extend two to four years this practice is not timely and does little to ensure compliance with the requirement During the February 15 2012 Board of Ethics meeting Deputy City Clerk Aimee Kissel asked the board for advice regarding Advisory Board model Rules of Procedure related to consequences for non compliance with the ethics training requirement During that meeting board members said they would rather see consequences written directly into the code of ethics with a reference in the Model Rules of Procedure Board of Ethics members directed staff to draft an addition to the Code of Ethics Board of Ethics members also confirmed they would like new board and committee members to take the brief online ethics training and then also attend the more in depth yearly training being offered that year Re occurring board members having 163120 Staff Memo for April 25 2012 Action Items F and G Page 4 of 4 already taken the online training at first appointment would just be subject to the in depth yearly training We suggest the following amendments to the Code of Ethics to address the authority of the City Commission for an official s failure to attend the required training 2 03 600 Duties and powers of the board A 14 In coordination with the city attorney city manager and other appropriate city personnel arrange for the conduct of an annual workshop which shall serve as an orientation for new board members and an opportunity for experienced members to explore specific issues in depth a aAttendance at this workshop shall be made a condition of service as a member of the board and before taking office board members shall commit themselves to attend it b The City Clerk shall forward to the Commission annually a list of officials who fail to take the training required under this section and the Charter The Commission may remove an official for failing to take the required training Board of Ethics members also discussed what alternatives board and committee members may have if extenuating circumstances prevented their attendance at one of the annual ethics trainings Board of ethics members advised that in these cases board members would be allowed to take the online training a second time to fulfill this requirement as long as the member was not habitually missing training We recommend the Board of Ethics consider whether another alternative to taking the online training a second time may be appropriate for those who did not attend training due to extenuating circumstances For example an alternative that may be offered in the future may be watching a video recording of the training or writing essay type answers to several provided case studies Language within the Resolution has been drafted so as to make alternatives possible on an annual basis allowing for flexibility as the ethics program continues Attachments Feb 15th Memo to Board of Ethics from Greg Sullivan Report by Aimee Kissel edited by Greg Sullivan on April 23 2012 164121 165122 166123 167124 168125 169126 170127 Montana statutory gift provisions 2 2 102 Definitions As used in this part the following definitions apply 3 a Gift of substantial value means a gift with a value of 50 or more for an individual b The term does not include i a gift that is not used and that within 30 days after receipt is returned to the donor or delivered to a charitable organization or the state and that is not claimed as a charitable contribution for federal income tax purposes ii food and beverages consumed on the occasion when participation in a charitable civic or community event bears a relationship to the public officer s or public employee s office or employment or when the officer or employee is in attendance in an official capacity iii educational material directly related to official governmental duties iv an award publicly presented in recognition of public service or v educational activity that A does not place or appear to place the recipient under obligation B clearly serves the public good and C is not lavish or extravagant 2 2 104 Rules of conduct for public officers legislators and public employees 1 Proof of commission of any act enumerated in this section is proof that the actor has breached the actor s public duty A public officer legislator or public employee may not a disclose or use confidential information acquired in the course of official duties in order to further substantially the individual s personal economic interests or b accept a gift of substantial value or a substantial economic benefit tantamount to a gift i that would tend improperly to influence a reasonable person in the person s position to depart from the faithful and impartial discharge of the person s public duties or ii that the person knows or that a reasonable person in that position should know under the circumstances is primarily for the purpose of rewarding the person for official action taken 2 An economic benefit tantamount to a gift includes without limitation a loan at a rate of interest substantially lower than the commercial rate then currently prevalent for similar loans and compensation received for private services rendered at a rate substantially exceeding the fair market value of the services Campaign contributions reported as required by statute are not gifts or economic benefits tantamount to gifts 171128 Montana statutory provisions related to post employment activities 2 2 201 Public officers employees and former employees not to have interest in contracts 1 Members of the legislature state county city town or township officers or any deputies or employees of an enumerated governmental entity may not be interested in any contract made by them in their official capacity or by any body agency or board of which they are members or employees if they are directly involved with the contract A former employee may not within 6 months following the termination of employment contract or be employed by an employer who contracts with the state or any of its subdivisions involving matters with which the former employee was directly involved during employment 2 In this section the term a be interested in does not include holding a minority interest in a corporation b contract does not include i contracts awarded based on competitive procurement procedures conducted after the date of employment termination ii merchandise sold to the highest bidder at public auctions iii investments or deposits in financial institutions that are in the business of loaning or receiving money iv a contract with an interested party if because of geographic restrictions a local government could not otherwise reasonably afford itself of the subject of the contract It is presumed that a local government could not otherwise reasonably afford itself of the subject of a contract if the additional cost to the local government is greater than 10 of a contract with an interested party or if the contract is for services that must be performed within a limited time period and no other contractor can provide those services within that time period c directly involved means the person directly monitors a contract extends or amends a contract audits a contractor is responsible for conducting the procurement or for evaluating proposals or vendor responsibility or renders legal advice concerning the contract d former employee does not include a person whose employment with the state was involuntarily terminated because of a reduction in force or other involuntary termination not involving violation of the provisions of this chapter History En Sec 1020 Pol C 1895 re en Sec 368 Rev C 1907 re en Sec 444 R C M 1921 Cal Pol C Sec 920 re en Sec 444 R C M 1935 amd Sec 1 Ch 43 L 1973 R C M 1947 59 501 amd Sec 1 Ch 377 L 1979 amd Sec 1 Ch 458 L 1981 amd Sec 1 Ch 65 L 1991 amd Sec 1 Ch 322 L 1993 amd Sec 1 Ch 181 L 2001 2 2 202 Public officers not to have interest in sales or purchases State county town township and city officers must not be purchasers at any sale or vendors at any purchase made by them in their official capacity History En Sec 1021 Pol C 1895 re en Sec 369 Rev C 1907 re en Sec 445 R C M 1921 Cal Pol C Sec 921 re en Sec 445 R C M 1935 R C M 1947 59 502 2 2 105 Ethical requirements for public officers and public employees 1 The requirements in this section are intended as rules of conduct and violations constitute a breach of the public 172129 trust and public duty of office or employment in state or local government 2 Except as provided in subsection 4 a public officer or public employee may not acquire an interest in any business or undertaking that the officer or employee has reason to believe may be directly and substantially affected to its economic benefit by official action to be taken by the officer s or employee s agency 3 A public officer or public employee may not within 12 months following the voluntary termination of office or employment obtain employment in which the officer or employee will take direct advantage unavailable to others of matters with which the officer or employee was directly involved during a term of office or during employment These matters are rules other than rules of general application that the officer or employee actively helped to formulate and applications claims or contested cases in the consideration of which the officer or employee was an active participant 4 When a public employee who is a member of a quasi judicial board or commission or of a board commission or committee with rulemaking authority is required to take official action on a matter as to which the public employee has a conflict created by a personal or private interest that would directly give rise to an appearance of impropriety as to the public employee s influence benefit or detriment in regard to the matter the public employee shall disclose the interest creating the conflict prior to participating in the official action 5 A public officer or public employee may not perform an official act directly and substantially affecting a business or other undertaking to its economic detriment when the officer or employee has a substantial personal interest in a competing firm or undertaking History En 59 1709 by Sec 9 Ch 569 L 1977 R C M 1947 59 1709 amd Sec 4 Ch 562 L 1995 173130 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Allyson Bristor, Associate Planner Tim McHarg, Planning Director SUBJECT: Haynes Pavilion Expansion Site Plan Exemptions - #Z-12143 MEETING DATE: August 6, 2012 AGENDA ITEM TYPE: Other Public Hearing RECOMMENDATION: The City Commission shall receive the site plan and conduct a public hearing on the exemptions claimed under M.C.A. Section 76-2-402. (Other than conducting a public hearing, no official motion is required by the City Commission). BACKGROUND: The Bozeman Amateur Hockey Association (BAHA) submitted a site plan application to the Department of Planning requesting an expansion to the Gallatin County Fairground’s Haynes Pavilion. Montana law (M.C.A. Section 76-2-402) addresses the relationship of municipal (City of Bozeman) zoning regulations to other government agencies’ use of land (Gallatin County, Bozeman School District, etc.). The law requires a public hearing whenever land is to be used contrary to the zoning regulations. The statute expressly provides that a municipality “shall have no power to deny the proposed use but shall act only to allow a public forum for comment on the proposed use.” In this instance, Gallatin County’s use of the land will not be contrary to the existing PLI (Public Lands and Institutions) zoning designation. However, the proposed development is asking for some exemptions to the City’s zoning regulations. In this regard, the applicant and the Development Review Committee (DRC) have identified and publically noticed claimed exemptions to the following regulations of the Bozeman Unified Development Code: Article 25 – Parking for and Article 26 – Landscaping. The parking section was noticed so to include relaxations to surfacing and perimeter curbing requirements, and the landscaping section was noticed for relaxations to parking lot landscaping and maximum length of uninterrupted parking spaces requirements. Staff would also like to mention that a 1999 Memorandum of Agreement (MOA) between the City of Bozeman and Gallatin County for the original construction of Haynes Pavilion was considered during the DRC review of the site plan application. The applicant did respond to each item of the MOA (included in the applicant’s materials). UNRESOLVED ISSUES: As identified by the City Commission. 131 FISCAL EFFECTS: None identified as part of the Site Plan/Exemption Public Hearing requirement. Attachments: Applicant’s submittal materials Report compiled on: July 26, 2012 132 Haynes Pavilion Expansion Gallatin County Fairgrounds Site Plan / COA Application With Public Agency Exemptions June 2012 133 Narrative This application shows the proposed phased expansions of the existing Haynes Pavilion at the Gal- latin County Fairgrounds. The subject property is owned by Gallatin County and zoned PLI “Public Lands and Institutions.” A small portion of the overall property is clipped on the north side by the En- tryway Overlay district. The current Master Plan was approved by the County Commission. Similar to other projects in the Fairgrounds, this application seeks to utilize the Public Agency Exemption provisions. The following specific improvements are proposed: · New northeast entry vestibule on existing Haynes Pavilion to allow for new building circulation and parking configurations · New 36,500 SF adjacent pavilion—year round ice facility (Phase I) · New 3400 SF mechanical room addition (Phase II) · Future 2400 SF accessory spaces connection (Phases III+) · 116 space parking lot (plus 5 disabled accessible spaces) east of the existing Haynes Pavilion. The proposed parking area would tie into the existing paved access from the North Black Avenue entrance. While the parking lot is not proposed to be paved until a later phase, the accessible spaces would be paved and striped with a clear accessible path to the primary entrance. · Relocation of two existing full cutoff fairground standard parking lot lights currently located on the west of the building to the east parking lot and installation of two matching lights (see attached cut sheets) on concrete bases. · New landscaping · New signage · New mechanical equipment and required screening · Stormwater would be in compliance with the adopted Fairgrounds Stormwater Master Plan Due to funding mechanisms, the following phasing plan is proposed: · Phase I: Construct new northeast entrance of the existing Haynes Pavilion. Construct the 36,500 SF ice rink shell and related site improvements including gravel parking (no building occupation is planned with Phase I) · Phase II: Construct refrigerated slab and the minimal interior improvements in the new ice rink and expand existing mechanical room. · Phase III +: Construct accessory spaces, locker rooms, permanent seating, mezzanine and new north entry as future funding allows. 135 Requested Public Agency Exemptions The following public agency exemptions are proposed: · Article 25: Parking The initial parking lot is proposed to be gravel except for disabled accessible spaces which would be paved and striped in compliance with ADA requirements. The parking lot would be paved and striped as funding allows. Landscape islands are not included in the parking lot plan due to the flexibility required for uses in the Fairgrounds such as the fair, farmers market, and other large events. · Article 26: Landscaping While some additional trees are proposed as part of this application, the site may not fully meet landscaping requirements identified in Article 26. Due to the overall nature of the fairgrounds, al- ternative means of compliance for landscaping is proposed. See attached site plan. 136 Page 1 Appropriate Review Fee Submitted CITY OF BOZEMAN FEE APPLIES- $ DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT Alfred M. Stiff Professional Building 20 East Olive Street P.O. Box 1230 Bozeman, Montana 59771-1230 phone 406-582-2260 fax 406-582-2263 planning@bozeman.net www.bozeman.net DEVELOPMENT REVIEW APPLICATION 1. Name of Project/Development: 2. Property Owner Information: Name: E-mail Address: Mailing Address: Phone: FAX: 3. Applicant Information: Name: E-mail Address: Mailing Address: Phone: FAX: 4. Representative Information: Name: E-mail Address: Mailing Address: Phone: FAX: 5. Legal Description: 6. Street Address: 7. Project Description: 8. Zoning Designation(s): 9. Current Land Use(s): 10. Bozeman Community Plan Designation: 11. Gross Area: Acres: Square Feet: 12. Net Area:Acres: Square Feet: Haynes Pavilion Expansion Site Plan Application w/exemptions Gallatin County 311 West Main Street, Room 306, Bozeman MT 59715 582-3003 582-3003 Bozeman Amateur Hockey Association (BAHA) Contact: Julie Keck PO Box 6414, Bozeman MT 59771-6414 586-5557 jkeck@bozemanhockey.org Intrinsik Architecture, Inc. Contact: Rob Pertzborn 111 North Tracy Avenue, Bozeman MT 59715 582-8988 rpertzborn@intrinsikarchitecture.com 582-8911 Expansion of the existing Haynes Pavilion at the Fairgrounds 901 North Black Avenue PLI Fairgrounds Public Institutions Imes Add, Sec. 6, T2S, R6E, Blocks 5-28, Pt of Blocks 3&4 plus vacant streets and alleys less tract A, plat C-41-D 63.66 137 Page 2 (Development Review Application – Prepared 11/25/03; Amended 9/17/04, 5/1/06; 9/18/07, revised 11/14/11) 13. Is the subject site within an urban renewal district? Yes, answer question 13a No, go to question 14 13a. Which urban renewal district? Downtown Northeast (NURD) North 7th Avenue 14. Is the subject site within an overlay district? Yes, answer question 14a No, go to question 15 14a. Which Overlay District? Casino Neighborhood Conservation Entryway Corridor 15. Will this application require a deviation(s)? Yes, list UDC section(s): No 16. Application Type (please check all that apply): O. Planned Unit Development – Concept Plan A. Sketch Plan for Regulated Activities in Regulated Wetlands P. Planned Unit Development – Preliminary Plan B. Reuse, Change in Use, Further Development Pre-9/3/91 Site Q. Planned Unit Development – Final Plan C. Amendment/Modification of Plan Approved On/After 9/3/91 R. Planned Unit Development – Master Plan D. Reuse, Change in Use, Further Development, Amendment /COA S. Subdivision Pre-application E. Special Temporary Use Permit T. Subdivision Preliminary Plat F. Sketch Plan/COA U. Subdivision Final Plat G. Sketch Plan/COA with an Intensification of Use V. Subdivision Exemption H. Preliminary Site Plan/COA W. Annexation I. Preliminary Site Plan X. Zoning Map Amendment J. Preliminary Master Site Plan Y. Unified Development Ordinance Text Amendment K. Conditional Use Permit Z. Zoning Variance L. Conditional Use Permit/COA AA. Growth Policy Map Amendment M. Administrative Project Decision Appeal BB. Growth Policy Text Amendment N. Administrative Interpretation Appeal Other: This application must be accompanied by the appropriate checklist(s), number of plans or plats, adjoiner information and materials, and fee (see Development Review Application Requirements and Fees). The plans or plats must be drawn to scale on paper not smaller than 8½- by 11-inches or larger than 24- by 36-inches folded into individual sets no larger than 8½- by 14-inches. The name of the project must be shown on the cover sheet of the plans. If 3-ring binders will be used, they must include a table of contents and tabbed dividers between sections. Application deadlines are Wednesdays at 5:00 pm. This application must be signed by both the applicant(s) and the property owner(s) (if different) before the submittal will be accepted. As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms and provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development approved by the City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special conditions established by the approval authority. I acknowledge that the City has an Impact Fee Program and impact fees may be assessed for my project. Further, I agree to grant City personnel and other review agency representatives access to the subject site during the course of the review process (Section 38.34.050, BMC). I (We) hereby certify that the above information is true and correct to the best of my (our) knowledge. Applicant’s Signature: Date: Applicant’s Signature: Date: Property Owner’s Signature: Date: Property Owner’s Signature: Date: x x x x See attached narrativepublic agency exemptions x x 138 SITE PLAN CHECKLIST These checklists shall be completed and returned as part of the submittal. Any item checked “No” or “N/A” (not applicable) must be explained in a narrative attached to the checklist. Incomplete submittals will be returned to the applicant. A. Design Review Board (DRB) Site Plan Review Thresholds. Does the proposal include one or more of the following: Design Review Board (DRB) Site Plan Review Thresholds Yes No 1. 20 or more dwelling units in a multiple household structure or structures 2. 30,000 or more square feet of office space, retail commercial space, service commercial space or industrial space 3. 20,000 or more square feet of exterior storage of materials or goods 4. Parking for more than 90 vehicles B. General Information. The following information shall be provided for site plan review: General Information Yes No N/A 1. Location map, including area within one-half mile of the site 2. List of names and addresses of property owners according to Chapter 38.40, BMC (Noticing) 3. A construction route map shall be provided showing how materials and heavy equipment will travel to and from the site. The route shall avoid, where possible, local or minor collector streets or streets where construction traffic would disrupt neighborhood residential character or pose a threat to public health and safety 4. Boundary line of property with dimensions 5. Date of plan preparation and changes 6. North point indicator 7. Suggested scale of 1 inch to 20 feet, but not less than 1 inch to 100 feet 8. Parcel size(s) in gross acres and square feet 9. Estimated total floor area and estimated ratio of floor area to lot size (floor area ratio, FAR), with a breakdown by land use 10. Location, percentage of parcel(s) and total site, and square footage for the following: a. Existing and proposed buildings and structures b. Driveway and parking c. Open space and/or landscaped area, recreational use areas, public and semipublic land, parks, school sites, etc. d. Public street right-of-way 11. Total number, type and density per type of dwelling units, and total net and gross residential density and density per residential parcel 12. Detailed plan of all parking facilities, including circulation aisles, access drives, covered and uncovered bicycle parking, compact spaces, handicapped spaces and motorcycle parking, on- street parking, number of employee and non-employee parking spaces, existing and proposed, and total square footage of each Page 3 (Site Plan Checklist – Prepared 12/05/03; revised 9/22/04; revised 7/24/07, revised 11/14/11) x x 39,400 SF of recreational space no dwelling units xno exterior storage x x x x x x x x x x x x x x x No dwelling units proposed x 139 Page 4 General Information, continued Yes No N/A 13. The information required by Section 38.41.060.L, BMC (Streets, Roads and Alleys), unless such information was previously provided through a subdivision review process, or the provision of such information was waived in writing by the City during subdivision review of the land to be developed, or the provision of such information is waived in writing by the City prior to submittal of a preliminary site plan application 14. Description and mapping of soils existing on the site, accompanied by analysis as to the suitability of such soils for the intended construction and proposed landscaping 15. Building design information (on-site): a. Building heights and elevations of all exterior walls of the building(s) or structure(s) b. Height above mean sea level of the elevation of the lowest floor and location of lot outfall when the structure is proposed to be located in a floodway or floodplain area c. Floor plans depicting location and dimensions of all proposed uses and activities 16. Temporary facilities plan showing the location of all temporary model homes, sales offices and/or construction facilities, including temporary signs and parking facilities 17. Unless already provided through a previous subdivision review, a noxious weed control plan complying with Section 38.41.050.H, BMC (Noxious Weed Management and Revegetation Plan) 18. Drafts of applicable supplementary documents as set forth in Chapter 38.38, BMC (Supplementary Documents) 19. Stormwater Management Permit Application required C. Site Plan Information. The location, identification and dimension of the following existing and proposed data, onsite and to a distance of 100 feet (200 feet for PUDs) outside the site plan boundary, exclusive of public rights-of-way, unless otherwise stated: Site Plan Information Yes No N/A 1. Topographic contours at a minimum interval of 2 feet, or as determined by the Planning Director 2. Adjacent streets and street rights-of-way to a distance of 150 feet, except for sites adjacent to major arterial streets where the distances shall be 200 feet 3. On-site streets and rights-of-way 4. Ingress and egress points 5. Traffic flow on-site 6. Traffic flow off-site 7. Utilities and utility rights-of-way or easements: a. Electric b. Natural gas c. Telephone, cable television and similar utilities d. Water e. Sewer (sanitary, treated effluent and storm) 8. Surface water, including: a. Holding ponds, streams and irrigation ditches b. Watercourses, water bodies and wetlands c. Floodplains as designated on the Federal Insurance Rate Map or that may otherwise be identified as lying within a 100-year floodplain through additional floodplain delineation, engineering analysis, topographic survey or other objective and factual basis d. A floodplain analysis report in compliance with Chapter 38.31, BMC (Bozeman Floodplain Regulations) if not previously provided with subdivision review x x waived? Building Permit will include required soils report; soils estimated to be similar to adjacent Haynes Pavilion constructed in 2001 x x x x none proposed not required x not required Fairgrounds Stormwater Master Plan attached.x x x x x x x x x x x x x x x x No surface water facilities will be affected by this project. 140 Page 5 Site Plan Information, continued Yes No N/A 9. Grading and drainage plan, including provisions for on-site retention/detention and water quality improvement facilities as required by the Engineering Department, or in compliance with B.M.C. Chapter 40 Article 4 storm drainage ordinance and best management practices manual adopted by the City 10. All drainageways, streets, arroyos, dry gullies, diversion ditches, spillways, reservoirs, etc. which may be incorporated into the storm drainage system for the property shall be designated: a. The name of the drainageway (where appropriate) b. The downstream conditions (developed, available drainageways, etc.) c. Any downstream restrictions 11. Significant rock outcroppings, slopes of greater than 15 percent or other significant topographic features 12. Sidewalks, walkways, driveways, loading areas and docks, bikeways, including typical details and interrelationships with vehicular circulation system, indicating proposed treatment of points of conflict 13. Provision for handicapped accessibility, including but not limited to, wheelchair ramps, parking spaces, handrails and curb cuts, including construction details and the applicant’s certification of ADA compliance 14. Fences and walls, including typical details 15. Exterior signs. Note – The review of signs in conjunction with this application is only review for compliance with Chapter 38.28, BMC (Signs). A sign permit must be obtained from the Department of Planning and Community Development prior to erection of any and all signs. 16. Permanent and construction period exterior refuse collection areas, including typical details 17. A site plan, complete with all structures, parking spaces, building entrances, traffic areas (both vehicular and pedestrian), vegetation that might interfere with lighting, and adjacent uses, containing a layout of all proposed fixtures by location and type. The materials required in Section 38.41.060.18, BMC (Lighting Plan), if not previously provided 18. Curb, asphalt section and drive approach construction details 19. Landscaping - detailed plan showing plantings, equipment, and other appropriate information as required in Section 38.41.100, BMC (Submittal Requirements for Landscaping Plans). If required, complete section C below 20. Unique natural features, significant wildlife areas and vegetative cover, including existing trees and shrubs having a diameter greater than 2.5 inches, by species 21. Snow storage areas 22. Location of City limit boundaries, and boundaries of Gallatin County’s Bozeman Area Zoning Jurisdiction, within or near the development 23. Existing zoning within 200 feet of the site 24. Historic, cultural and archeological resources, describe and map any designated historic structures or districts, and archeological or cultural sites 25. Major public facilities, including schools, parks, trails, etc. 26. The information necessary to complete the determination of density change and parkland provision required by Chapter 38.27, BMC, unless such information was previously determined by the City to be inapplicable and written confirmation is provided to the applicant prior to submittal of a preliminary site plan application. If a new park will be created by the development, the park plan materials of Section 38.41.060.16, BMC shall be provided. 27. Describe how the site plan will satisfy any requirements of Article 8 Section 10, BMC (Affordable Housing) which have either been established for that lot(s) through the subdivision process or if no subdivision has previously occurred are applicable to a site plan. The description shall be of adequate detail to clearly identify those lots and dwellings designated as subject to Article 8 Section 10, BMC compliance requirements and to make the obligations placed on the affected lots and dwellings readily understandable. x See attached Fairgrounds Stormwater Master Plan x x x x No drainage ways will be affected x No significant rock outcroppings on the subject site x xNone proposed x xBins proposed x x x x Landscaping proposed in compliance with adopted master plan x x x x No historic structures will be altered x x No dwelling units proposed x No dwelling units proposed 141 Page 6 D. Landscape Plans. If a landscape plan is required, the following information shall be provided on the landscape plan: Landscape Plan Information Yes No N/A 1. Date, scale, north arrow, and the names, addresses, and telephone numbers of both the property owner and the person preparing the plan 2. Location of existing boundary lines and dimensions of the lot 3. Approximate centerlines of existing watercourses, required watercourse setbacks, and the location of any 100-year floodplain; the approximate location of significant drainage features; and the location and size of existing and proposed streets and alleys, utility easements, utility lines, driveways and sidewalks on the lot and/or adjacent to the lot 4. Project name, street address, and lot and block description 5. Location, height and material of proposed screening and fencing (with berms to be delineated by one foot contours) 6. Locations and dimensions of proposed landscape buffer strips, including watercourse buffer strips 7. Complete landscape legend providing a description of plant materials shown on the plan, including typical symbols, names (common and botanical name), locations, quantities, container or caliper sizes at installation, heights, spread and spacing. The location and type of all existing trees on the lot over 6 inches in caliper must be specifically indicated 8. Complete illustration of landscaping and screening to be provided in or near off-street parking and loading areas, including information as to the amount (in square feet) of landscape area to be provided internal to parking areas and the number and location of required off-street parking and loading spaces 9. An indication of how existing healthy trees (if any) are to be retained and protected from damage during construction 10. Size, height, location and material of proposed seating, lighting, planters, sculptures, and water features 11. A description of proposed watering methods 12. Location of street vision triangles on the lot (if applicable) 13. Tabulation of points earned by the plan – see Section 38.26.060, BMC (Landscape Performance Standards) 14. Designated snow removal storage areas 15. Location of pavement, curbs, sidewalks and gutters 16. Show location of existing and/or proposed drainage facilities which are to be used for drainage control 17. Existing and proposed grade 18. Size of plantings at the time of installation and at maturity 19. Areas to be irrigated 20. Planting plan for watercourse buffers, per Section 38.23.100, BMC (Watercourse Setbacks), if not previously provided through subdivision review 21. Front and side elevations of buildings, fences and walls with height dimensions if not otherwise provided by the application. Show open stairways and other projections from exterior building walls Minor landscaping proposed in accordance with adopted Master Plan 142 CERTIFICATE OF ADJOINING PROPERTY OWNERS LIST I, , hereby certify that, to the best of my knowledge, the attached name and address list of all adjoining property owners (including all individual condominium owners) within 200 feet of the property located at , is a true and accurate list from the last declared Gallatin County tax records. I further understand that an inaccurate list may delay review of the project. Signature (Certificate of Adjoining Property Owners List – Prepared 11/20/03; Revised 9/22/06) CERTIFICATE OF ADJOINING PROPERTY OWNERS LIST I, , hereby certify that, to the best of my knowledge, the attached name and address list of all adjoining property owners (including all individual condominium owners) within 200 feet of the property located at , is a true and accurate list from the last declared Gallatin County tax records. I further understand that an inaccurate list may delay review of the project. Signature (Certificate of Adjoining Property Owners List – Prepared 11/20/03; Revised 9/22/06) Susan Riggs Gallatin County Fairgrounds 143 NEIGHBORHOOD RECOGNITION ORDINANCE COMPLIANCE CERTIFICATE On December 10, 2007 the Bozeman City Commission adopted the Neighborhood Recognition Ordinance as part of the Bozeman Municipal Code. This new ordinance contains the following requirement: Section 2.05.1230, Responsibilities of Individuals or Entities Submitting an Application to the Department of Planning and Community Development. A. In order for the City Liaison to effectively perform their duties executing the intent and purpose of this chapter, as defined in 2.05.1230, the following shall be performed: 1. As part of any application to the Department of Planning and Community Development, the applicant shall provide written notice via certified mail, e-mail, facsimile transmission, and/or personal delivery to the City Liaison if notification guidelines (BMC 38.40) require that notice be posted “on-site”, published in the local newspaper or mailed first class. 2. Such notice shall contain a complete set of application materials as submitted to the Department of Planning and Community Development. B. Failure to provide proof of such mailing via certified mail, e-mail and/or facsimile transmission report to the most recent City Liaison address, e-mail address and/or fax number of record, or an affidavit attesting hand delivery, shall result in an incomplete application. I, , hereby certify that I have delivered via certified mail, e- mail, facsimile transmission or hand delivery written notice and a complete set of application materials for the project known as in compliance with Section 2.05.1230 of the Bozeman Municipal Code. I further understand that failure to comply will result in this application being deemed incomplete and may result in a delay in the review of this project. Signature Date (Neighborhood Recognition Ordinance Compliance Certificate – Prepared 1/7/08, revised 11/14/11) NEIGHBORHOOD RECOGNITION ORDINANCE COMPLIANCE CERTIFICATE On December 10, 2007 the Bozeman City Commission adopted the Neighborhood Recognition Ordinance as part of the Bozeman Municipal Code. This new ordinance contains the following requirement: Section 2.05.1230, Responsibilities of Individuals or Entities Submitting an Application to the Department of Planning and Community Development. A. In order for the City Liaison to effectively perform their duties executing the intent and purpose of this chapter, as defined in 2.05.1230, the following shall be performed: 1. As part of any application to the Department of Planning and Community Development, the applicant shall provide written notice via certified mail, e-mail, facsimile transmission, and/or personal delivery to the City Liaison if notification guidelines (BMC 38.40) require that notice be posted “on-site”, published in the local newspaper or mailed first class. 2. Such notice shall contain a complete set of application materials as submitted to the Department of Planning and Community Development. B. Failure to provide proof of such mailing via certified mail, e-mail and/or facsimile transmission report to the most recent City Liaison address, e-mail address and/or fax number of record, or an affidavit attesting hand delivery, shall result in an incomplete application. I, , hereby certify that I have delivered via certified mail, e- mail, facsimile transmission or hand delivery written notice and a complete set of application materials for the project known as in compliance with Section 2.05.1230 of the Bozeman Municipal Code. I further understand that failure to comply will result in this application being deemed incomplete and may result in a delay in the review of this project. Signature Date (Neighborhood Recognition Ordinance Compliance Certificate – Prepared 1/7/08, revised 11/14/11) Susan Riggs Haynes Pavilion Expansion 6/20/12 144 Source: Stefan Associates 2007 Fairgrounds Master Plan 145 Source: Google Earth 2012 Aerial Image Project Site 146 Source: Bozeman GIS Department Zoning Map (also showing right-of-ways) 147 Photo 1 Photo 2 148 Photo 3 Photo 4 149 Photo 5 Photo 6 150 Photo 7 Photo 8 151 152 Created: 06/20/2012 WP2FCF42/PC2 Fully shielded, Full Cutoff wallpack. Full Cutoff optics with flat tempered glass lens. EZ mount knockouts for easy wiring. Lamp supplied. Lamp Info Type:42W Triple Watts:42 Shape/Size:N/A Base:N/A ANSI:N/A Hours:12,000 Lamp Lumens:3,200 Efficacy:70 LPW Ballast Info Type:Elec HPF QT 120V:0.38 208V:0.3 240V:0.2 277V:0.17 Input Watts:46W Efficiency:91% Color: Bronze Weight: 17.2 lbs Technical Specifications UL Listing: Suitable for wet locations. HID fixtures can be wired with 90 C supply wiring if supply wires are routed 3" away from ballast. Housing: Die cast aluminum, 1/2" NPS tapped holes top, both sides and back for conduit or photocontrol. Hinged refractor frame. Continuous silicone rubber gasket. Reflector: Specular anodized aluminum, removable for installation. Symmetrical light pattern maximizes distance between fixtures. Cutoff Lens: Tempered glass. Refractor: Prismatic optics designed to minimize glare and throw light down and out. Heat resistant borosilicate glass. Finish: Chip and fade resistant polyester powder coating. Photocell: Button Photocell installed and wired for 208, 208, 277 Volts Volts: 277V Patents: RAB sensor and fixture designs are protected under U.S. and International Intellectual Property laws. Ballast Minimum Starting Temperature: 0 Deg F For use on LEED Buildings: IDA Dark Sky Approval means that this fixture can be used to achieve LEED Credits for Light Pollution Reduction. Dark Sky Approved: The International Dark Sky Association has approved this product as a full cutoff, fully shielded luminaire. Country of Origin: Designed by RAB in New Jersey and assembled in the USA by IBEW Local 3 Buy American Act Compliant: This product is a COTS item manufactured in the United States, and is compliant with the Buy American Act. Recovery Act (ARRA) Compliant: This product complies with the 52.225-21 "Required Use of American Iron, Steel, and Manufactured Goods-- Buy American Act-- Construction Materials (October 2010) Trade Agreements Act Compliant: This product is a COTS item manufactured in the United States, and is compliant with the Trade Agreements Act. GSA Schedule: This product is suitable for listing on the GSA Schedule of the US General Services in accordance with FAR Subpart 25.4 Copyright ©2012 RAB Lighting, Inc. All Rights Reserved Tech Help Line:888 RAB-1000 Email:sales@rabweb.com On the web at:www.rabweb.com Page 1 of 1Note: Specifications are subject to change without notice 153 154 155 156 City of Bozeman PO Box 1230 Bozeman MT 59771-1230 Steve Kistler 505 Ivan Avenue Bozeman MT 59715 Kara, Joseph, Neda May Herman 636 East Davis Street Bozeman MT 59715 Gallatin County 311 West Main Street Bozeman MT 59715 Robert Zatzke 507 Ivan Avenue Bozeman MT 59715 Greenwood Enterprises, LLC PO Box 788 Bozeman MT 59771 Wal-Mart Stores, Inc. 1500 North 7th Avenue Bozeman MT 59715 Mary E. Terpstra 506 Ivan Avenue Bozeman MT 59715 Cassandra Erhardt 4 E Tamarack Street Bozeman MT 59715 George Westlake & Kay Martinen 15008 SE Graham Road Vancover, WA 98683 Jack & Patricia Tandy 504 Ivan Avenue Bozeman MT 59715 Kristopher & Jane Mangold 820 North Tracy Avenue Bozeman MT 59715 Kenton & Terry Smith 13143 Woodmont Place Poway, CA 92064 Paul Toomey 502 Ivan Avenue Bozeman MT 59715 Bobbi Geise 3475 Tumbleweed Drive Bozeman MT 59715 Shirley Smith 407 Ivan Avenue Bozeman MT 59715 Angie Mangels 824 North 3rd Avenue Bozeman MT 59715 Aaron Blaker & Sondra Van Ert 20 East Tamarack Street Bozeman MT 59715 Alan & Marsha Evans 4029 Morton Bend Road SW Rome, GA 30161 Chadwick Groth 701 South Willson Avenue Bozeman MT 59715 Neil Tack 815 North Black Avenue Bozeman MT 59715 Steven Swain 403 Ivan Avenue Bozeman MT 59715 Guy Ouellette 814 North 3rd Avenue Bozeman MT 59715 822 North Black, LLC 11 Lariat Loop Bozeman MT 59715 Sheryl Nichols 501 Ivan Avenue Bozeman MT 59715 Martha & Douglas Drysdale 1547 North Hunters Way #338 Bozeman MT 59718 Sue Ann Haggerty 312 North 21st Avenue Bozeman, MT 59718 Rhonda Bowers 503 Ivan Avenue Bozeman MT 59715 Sharon Lodge 235 Cirque Drive Bozeman MT 59718 Peter & Patricia Bauerle 201 Southview Avenue Belgrade, MT 59714 157 Scott & Sally Richardson 28 Gallatin Drive Bozeman MT 59718 William Platte & Mary Bardone 216 South 3rd Avenue Bozeman MT 59715 Montana Avenue Partners, LLC 1006 West Main Street Bozeman MT 59715 Turczyn Jump, LLC 2712 Daisy Drive Bozeman MT 59718 Bozeman Pea Cannery Properties 101 East Oak Street Ste W Bozeman MT 59715 Darvin B. Hanson 502 Ivan Avenue Bozeman MT 59715 State of Montana PO Box 1110 Bozeman MT 59771-1110 Gallatin County Emergency Operations Center 34 North Rouse Avenue Bozeman MT 59715 158 15 9 16 0 16 1 16 2 16 3 16 4 16 5 16 6 16 7 16 8 16 9 17 0 Below, please find the requested response to the Memorandum of Agreement for the Fairgrounds Pavilion between Gallatin County and the City of Bozeman dated 6/22/99. Note: this agreement is between the City and the County and the responses below are merely general observations. 1 THE PURPOSE OF THE MEMORANDUM The purpose of this Memorandum of Agreement is to provide a process for the financing and construction of an approximate 110 by 225 open air pavilion and accompanying facilities located on the Gallatin County Fairgrounds An additional purpose is to set forth the types of uses and duration of access to the pavilion 2 FINANCING AND CONSTRUCTION Upon receipt from the City of 180 000 00 of which approximately 10 000 shall be considered earmarked for lighting the pavilion, the County shall: A Plan design and construct an approximate 110 by 225 open air pavilion to be named the Haynes Pavilion on the Gallatin County Fairgrounds The pavilion and its immediate location shall A 110'x225' open air pavilion was constructed in 2000-2001. 1 Be designed to accommodate a standard sized ice surface including a refrigeration system and dasherboards The building accommodates a standard size (85'x200') refrigerated ice surface with dasherboards. 2 Include all necessary utilities including sewer water power and lights The building includes all necessary utilities. 3 Include a formal park setting adjacent to the pavilion and accompanying facilities which shall run from a gated entry way on Tamarack Street up to the pavilion to the north The park shall include irrigated grass and trees The County shall be responsible for payment and construction of the park landscape which shall be completed no later than the Fall of2000. Green space (irrigated lawn and trees) was installed to the east, west and North of the building. A pedestrian gate was installed at the intersection on North Tracy Avenue and Tamarack Street. The County shall retain all right title and interest to the real property upon which the pavilion is located and to all improvements thereon B Before County enters any subsequent contracts with third parties to perform any work on the pavilion or accompanying facilities it may set forth a formal bidding process under Montana law if for any reason the lowest responsible bid cannot be accepted by County, County may at its discretion return the 180 000 00 set forth above and immediately terminate this Agreement. The project followed a formal bidding process. 3 USE AND ACCESS The pavilion shall be accessible to the public under the foll owing conditions A The County will lease the pavilion and accompanying facilities to BAHA A under terms that shall include but not be limited to: 1 A lease term for the time period of approximately November 1 to April 15 winter use period for 10 years with a right of renewal. A lease was signed for 10 years and renewed for another 10 years in 2011. 171 2 The construction operation and maintenance of adequate ice surface refrigeration and dasherboard systems by BAHA shall act as consideration for rent for the pavilion and accompanying facilities BAHA (Bozeman Amateur Hockey Association) receives credit for construction, operation and maintenance toward our annual rent. 3 The pavilion and accompanying facilities shall be open for free general public access for reasonable amounts of time during lunch hours and evenings The pavilion and accompanying facilities are open for free general public access for reasonable amounts of time during lunch hours and evenings. Skating is offered at reasonable rates in the winter. 4 The lessee shall insure its operations and property in amounts acceptable to County BAHA insures its operations and property according to County standards. 5 Nothing in this section shall limit BAHA from chargi ng individuals membership session or season fees for use of the pavilion and accompanying facilities BAHA offers memberships and charges accordingly to cover costs. B The County shall not be responsible for the construction operation and maintenance of adequate ice surface refrigeration and dasherboard systems at the pavilion if BAHA is unable to meet its obligations under the lease if for any reason BAHA is unable to meet its obligations under the lease the County and City shall agree on an acceptable use for the pavilion and accompanying facilities for the winter use period which shall include the same terms and conditions in Section 3 A above. BAHA has operated the facility since it opened in 2001. C The pavilion and accompanying facilities shall be open for use by the general public as any other County Fairgrounds facility for the remainder of the year summer use period subject to the following conditions The pavilion is open for use by the general public as any other County Fairgrounds facilities. 1 The County will allow access to the pavilion and accompanying facilities commensurate with the policies scheduling and cost structures of similar County Fairgrounds facilities for the hours of 8:00 AM through 10:00 PM except during one week for the annual County fair The park adjacent to the pavilion and accompanying facilities shall be open as any other County Fairgrounds facility for general use to the public for the hours of 8:00 AM through 10:00 PM Access is allowed to the pavilion commensurate with the policies, scheduling and cost structures of similar fairgrounds facilities. 4 NO SEPARATE LEGAL ENTITY The parties agree this Memorandum does not create a separate legal entity 5 DEFAULT AND TERMINATION In the event either party fails to comply with any provision of this Agreement and fails to cure such a breach within thirty days written notice then that party shall be in material default of this Agreement and the other party may in its sole discretion terminate this Agreement and pursue all remedies available to it at law or in equity This Agreement may also be terminated by mutual written agreement 172 6 INSURANCE County shall insure the pavilion and accompanying facilities and the adjacent park under the same coverage and policies as all other County personal and real property 7 AMENDMENT This Memorandum represents the entire agreement between the parties and can only be amended by written agreement by all of the parties 173 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Dave Skelton, Senior Planner Tim McHarg, Planning Director SUBJECT: Kirk Annexation #A12005 MEETING DATE: August 6, 2012 AGENDA ITEM TYPE: Action (Legislative Item) RECOMMENDATION: The City Commission adopts the provided findings and approves annexation request A-12005, with the recommended terms of annexation listed on pages 2-3 of the staff report, and directs staff to prepare an annexation agreement for signature by the applicable parties. RECOMMENDED MOTION: Having heard and considered public testimony, the application materials, and the staff analysis and findings, I move to approve annexation request #A-12005, with the eight (8) terms of annexation listed on page 2-3 of the staff report, and direct Staff to prepare an annexation agreement for signature by the applicable parties. BACKGROUND: The property owner and applicant, Roger Kirk, represented by C & H Engineering and Surveying, Inc., has made application requesting to annex the subject 1.92 acres to the corporate limits of the City of Bozeman and establish an initial municipal zoning designation of R-1 (Residential, Single-Household, Low Density District). The purpose of the annexation request is to obtain municipal infrastructure and services as a result of the Montana Department of Natural Resources and Conservation (DNRC) and Montana Department of Environmental Quality (DEQ) determination that wells for domestic use in the subject area will not be permitted as a result of the plume associated with the Bozeman solvent site. The subject property is located on the 100 block of Gibson Drive and is legally described as Lot 9, Block 1 of the Walker Property Subdivision located in the SW 1/4 of Section 25, T1S, R5E, PMM, Gallatin County, Montana. The property is situated on the south side of Gibson Drive off of Campbell Road and is located approximately a half mile northeast of the intersection of Springhill Road and US Highway 10. The Development Review Committee considered the application and on May 30, 2012 recommended annexation of the property subject to several terms of annexation presented on pages 2-3 of the staff report. 174 UNRESOLVED ISSUES: None determined at this time. ALTERNATIVES: 1) Approve the annexation as requested. 2) Deny the annexation request. 3) Approve the annexation with alterations to the terms of annexation. 4) Other as identified by the City Commission. FISCAL EFFECTS: Annexing the property and establishing the new municipal zoning will enable future development with connection to City sanitary sewer and water services and service by the public services (police, fire, streets, etc.) of the City. This would increase tax values and corresponding revenue from the property. The City will accrue additional costs to service the property with municipal services at the time of future development. Attachments: Staff report and Applicant’s submittal materials Report compiled on: July 26, 2012 175 #A-12005 Kirk Annexation Staff Report 1 City Commission Staff Report for the Kirk Annexation - File #A-12 005 Item: Annexation Application #A-12005, an application requesting annexation of 1.92 acres located on the south side of Gibson Drive and sited in Walker Property Subdivision Planned Unit Development. Applicant/Owner: Roger Kirk, 11 Kean Drive, Bozeman, MT 59718 Representative: C & H Engineering and Surveying, Inc., 1091 Stoneridge Drive, Bozeman, MT 59718 Date: Before Bozeman City Commission on Monday, August 6, 2012 at 6:00 PM in the Commission Meeting Room, City Hall, 121 North Rouse Avenue, Bozeman, Montana Report By: Dave Skelton, Senior Planner Recommendation: Approval with Terms of Annexation ______________________________________________________________________________ Project Location The subject property is located in the Walker Property Subdivision Planned Unit Development (PUD) situated northeast of the intersection of Spring Hill Road/Highway 10 frontage road and is generally located on 100 block of Gibson Drive off of Campbell Road. The site is approximately 1.92 acres and is legally described as a tract of land located in the SW 1/4 of Section 25, T1S, R5E, PMM, Gallatin County, Montana being Lot 9, Block 1 of Walker Property Subdivision PUD. Please refer to the vicinity map below. Proposal The property owner, Roger Kirk, represented by C & H Engineering and Surveying, Inc., has made 176 #A-12005 Kirk Annexation Staff Report 2 application to the Bozeman Department of Planning and Community Development to annex the approximate 1.92-acre subject property to the corporate limits of the City of Bozeman and establish an initial municipal zoning designation of “R-1” (Residential, Single-Household, Low Density District). The site being considered is not presently located within the corporate limits of the City of Bozeman and Zone Map Amendment is being processed concurrently with the annexation application. The purpose of the annexation and zone map amendment request is to obtain municipal infrastructure and services in order to develop the property for residential purposes as outlined in the Bozeman Community Plan. The underlying land use designation for the property is “Residential”. The property is currently vacant, undeveloped land. On May 30, 2012 the Development Review Committee (DRC) recommended approval of the annexation application with the recommended terms of annexation and said comments are included in this report. Recommended Terms of Annexation Should the City Commission choose to accept the request for annexation, the DRC has recommended that the following terms of annexation be addressed prior to acknowledging the Annexation Agreement and formal annexation of said property: Planning Terms 1. That the documents and exhibits to formally annex the subject property shall be identified as the “Kirk Lot 9, Block 1 Walker Property Subdivision Annexation”. 2. That the applicant execute at the Gallatin County Clerk & Recorder’s Office a waiver of right-to- protest creation of S.I.D.’s for a City-wide Park Maintenance District, which would provide a mechanism for the fair and equitable assessment of maintenance costs for City parks as part of the Annexation Agreement. 3. An Annexation Map, titled “Kirk Lot 9, Block 1 Walker Property Subdivision Annexation Map” with a legal description of the property and any adjoining unannexed rights-of-way and/or street access easements shall be submitted by the applicant for use with the Annexation Agreement. The map must be supplied on a mylar for City records (18" by 24"), a reduced 8 ½" x 11" or 8 ½” by 14" exhibit for filing with the Annexation Agreement at the County Clerk & Recorder, and a digital copy for the City Engineer’s Office. This map must be acceptable to the Director of Public Services and City Engineer’s Office, and shall be submitted with the signed Annexation Agreement. 4. The land owners and their successors shall pay all fire, street, water and sewer impact fees at the time of connection; and for future development, as required by Chapter 2, Bozeman Municipal Code, or as amended at the time of application for any permit listed therein. 5. That the applicant executes all contingencies and terms of said Annexation Agreement with the City of Bozeman within 60 days of the receipt of the annexation agreement, or annexation approval shall be null and void. Engineering Terms 6. Water rights sufficient to supply the annual water demand for the developed property, or payment of cash-in-lieu thereof, as determined by the Director of Public Services, shall be provided prior the City Commission adopting the Resolution of Annexation and accepting the Annexation Agreement. 7. The property is located within the regulatory floodplain of the East Gallatin River shown on Flood Insurance Rate Map panel 30031C08006D. A floodplain development permit shall be obtained pursuant to the city’s Floodplain Regulations (Chapter 38, Article 31 Bozeman Municipal Code) prior to issuance of a building permit. The lowest floor of the building shall be constructed no 177 #A-12005 Kirk Annexation Staff Report 3 lower than 2’ above the base flood elevation and an Elevation Certificate shall be prepared to document compliance with this standard. 8. The future building shall connect to the existing municipal water and sewer services and pay impact fees commensurate to the service size. Background The Walker Property Subdivision PUD was approved by the City of Bozeman and Gallatin County under joint jurisdiction as part of the three-mile City/County planning “doughnut” in 1990 and currently falls within the jurisdiction of Gallatin County. The existing overall zoning patterns within this planned unit development (PUD) includes a mix of Agricultural Suburban (AS), Residential, Single-Household Low Density District (R-1), Residential Single-Family Medium Density (R-2), Residential Medium Density (R-3), Residential Office (R-O), and Neighborhood Service (B-1). The property under consideration is part of a mixed-use major subdivision consisting of single-household residences, condominiums, offices, day care center, restaurant, motel, car wash and gas station/convenience store. The remaining subdivision lots are not yet developed. The Montana Department of Natural Resources and Conservation (DNRC) and Montana Department of Environmental Quality (DEQ) in 2002 determined that wells for domestic use will not be permitted as a result of the plume associated with the Bozeman solvent site and connection to the recently installed municipal water supply will be required for all new potable service. Thus, annexation for new development of the remaining lots is required to access municipal infrastructure, as well as municipal zoning. In May of 2002, the City Commission approved the Walker Property Zone Map Amendment (#Z-0252) that approved a blank zone map amendment for all twenty-two (22) subdivision lots contingent on receiving a complete annexation application for each lot(s) before May 20, 2004. The intent of this blank zone map amendment application was to maintain, as much as possible, the existing zoning and land use patterns, as well as promote efficient annexation to the City limits due to the need and availability of services. The proposed amendment implemented by the City in 2002 was intended to give each property the ability to essentially keep the existing zoning designations if and when property owners choose to annex to the City of Bozeman. While some of the existing residential dwellings predate the DNRC and DEQ requirement to annex to the City and tie into municipal infrastructure only seven of the approximate twenty-two subdivision lots have annexed. Those that have annexed are illustrated on the applicant’s annexation and zone map amendment exhibits. Zoning Designation & Land Uses The property is currently vacant undeveloped lands contiguous to an annexed parcel (Lot 7, Block 1) situated immediately to the north and zoned “R-1”. The following existing land uses and zoning are adjacent to the subject property: North: Annexed land zoned “R-1” (Lot 7, Block 1 Walker Property Subdivision) – Designated “Residential” on the City of Bozeman Future Land Use Map. South: Partially developed; Unannexed County land zoned “AS” (Agricultural Suburban District) – (Lot 1A, Walker Property Subdivision) - Designated “Residential” on the City of Bozeman Future Land Use Map. East: Vacant; Uannexed County land zoned “AS” (Agricultural Suburban District) – (Lot 8, Block 1, Walker Property Subdivision) - Designated “Residential” on the City of Bozeman Future Land Use Map. 178 #A-12005 Kirk Annexation Staff Report 4 West: Developed; Uannexed County land (Lot 10A, Block 9, Walker Property Subdivision) zoned “AS” (Agricultural Suburban District) – Designated “Residential” on the City of Bozeman Future Land Use Map. Adopted Growth Policy Designation The subject property is recognized as “Residential” on Figure 3-1 (Future Land Use Map) of the Bozeman Community Plan. The Residential land use designation of the Bozeman Community Plan indicates that: “This category designates places where the primary activity is urban density dwellings. Other uses which complement residences are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and schools. High density residential areas should be established in close proximity to commercial centers to facilitate the provision of services and employment opportunities to persons without requiring the use of an automobile. Implementation of this category by residential zoning should provide for and coordinate intensive residential uses in proximity to commercial centers. The residential designation indicates that it is expected that development will occur within municipal boundaries, which may require annexation prior to development. The dwelling unit density expected within this classification varies between 6 and 32 dwellings per net acre. A higher density may be considered in some locations and circumstances. A variety of housing types can be blended to achieve the desired density. Large areas of single type housing are discouraged. In limited instances the strong presence of constraints and natural features such as floodplains may cause an area to be designated for development at a lower density than normally expected within this category. All residential housing should be arranged with consideration of compatibility with adjacent development, natural constraints such as watercourses or steep slopes, and in a fashion which advances the overall goals of the Bozeman growth policy. The residential designation is intended to provide the primary locations for additional housing within the planning area.” Agency Review The Planning Department has requested written summary-review comments from the Bozeman Development Review Committee and other applicable review agencies regarding the request for annexation. Comments received as of the writing of this Staff Report have been outlined within this report according to the goals and policies of City Commission Resolution No. 3907. Additional comments and/or recommendations received prior to consideration of this request for annexation by the City Commission will be forwarded to the governing body under separate cover. Public Comment As of the writing of this staff report, the City of Bozeman Department of Planning and Community Development has not received any public testimony specific to the annexation. Any written comments received by the Planning Office specific to the annexation will be forwarded to the City Commission during the public hearing. Review Criteria & Staff Findings Review Criteria & Findings Resolution No. 3907 Goals Goal 1: It shall be the goal of the City of Bozeman to encourage annexations of land contiguous to the City. The property in question is contiguous to the City limits as established with Lot 7, Block 1 of Walker Property Subdivision immediately to the north. 179 #A-12005 Kirk Annexation Staff Report 5 Goal 2: The City shall seek to annex all areas that are totally surrounded by the City, without regard to parcel size. The subject property is not totally surrounded by the City. As discussed previously, the area in question is the result of a decision by the Montana Department of Natural Resources and Conservation (DNRC) and Montana Department of Environmental Quality (DEQ) in 2002 that private wells for domestic use in the subject area will not be permitted as a result of the plume associated with the Bozeman solvent site. As a result, connection to the recently installed municipal water supply will be required with development of each individual subdivision lot, which includes formal annexation to the City. Goal 3: The City shall seek to annex all property currently contracting with the City for services such as water, sanitary sewer and/or fire protection. The property is not currently contracting with the City for any services. Goal 4: It shall be the goal of the City of Bozeman to require annexation of all land proposed for development lying within the service boundary of the existing sewer system as depicted in the Bozeman Growth Policy, and to encourage annexations within the urban growth area identified in the Bozeman Growth Policy. The subject property lies within the 20-year sewer service boundary as depicted in the adopted 2007 Bozeman Wastewater Facilities Plan. The subject property also lies within the Bozeman Community Plan planning boundary, and the “Capital Facilities Overlay District.” The “Capital Facilities Overlay District” is intended to establish a priority area for development within the larger scope of the Bozeman Community Plan. It designates an area within the long-range growth area of the City where services would be most efficiently provided in the near term and where development in the near term would advance the goals of the Community Plan. Resolution No. 3907 Policies Policy 1: Annexations shall include dedication of all easements, rights-of-way for collector and arterial streets, water rights, and waivers of right-to-protest against the creation of improvement districts necessary to provide the essential services for future development of the city. The terms of annexation include waivers of right-to-protest against the creation of improvement districts for park maintenance. As part of an existing subdivision, the area’s transportation network system for this area has been completed, including stormwater facilities improvements. The City Engineer‘s Office has not identified the need for any additional waivers, easements or rights-of-way with this request for annexation. Policy 2: Issues pertaining to master planning and zoning shall be addressed in conjunction with the application for annexation. a. The initial application for annexation shall be in conformance with the current Bozeman Growth Policy. If a Growth Policy Amendment is necessary to accommodate anticipated uses, said amendment process may be initiated by the applicant and conducted concurrently with the processing for annexation. The property is designated “Residential” on the Future Land Use Plan of the Bozeman Community Plan. This annexation, and the zoning proposed (#Z-12091), would be in compliance with this designation. b. Initial zoning classifications of the property to be annexed shall be determined by the City Commission, in compliance with the Bozeman Growth Policy and upon a recommendation of the City Zoning Commission, prior to final annexation approval. The applicant has applied for a Zone Map Amendment (#Z-12091) to establish an initial municipal zoning designation of R-1 (Residential, Single-Household, Low Density District) on the 1.92 acres. The Zoning Commission held a public hearing on the Zone Map Amendment application on July 17, 2012, 180 #A-12005 Kirk Annexation Staff Report 6 and voted 3-0 in favor of a recommendation of the proposed R-1 zoning. (The zone map amendment and the Zoning Commission’s recommendation are addressed under that respective action item and packet materials). c. The applicant may indicate his or her preferred zoning classification as part of the annexation application. The applicant/owner has indicated that they prefer a zoning designation of R-1 (Residential, Single- Household, Low Density District) and that item is addressed under that agenda item and packet materials. Policy 3: Fees for Annexation procedures shall be established by the City Commission. No fee will be charged for any City-initiated annexation. The appropriate application processing and review fees accompanied the application. Policy 4: It shall be the general policy of the City that annexations will not be approved where unpaved county roads will be the most commonly used route to gain access to the property. The property proposed for annexation fronts onto a paved local street constructed to County standard as part of the Walker Property Subdivision PUD. The area’s transportation network system for the proposed zoning designation was evaluated and constructed with the approval of Walker Property Subdivision PUD in 1990. The existing lot is accessed by the local street Gibson Drive which connects with Campbell Road and then links with two arterial roads, Springhill Road and US Highway 10. Policy 5: Prior to annexation of property, it shall be the policy of the City of Bozeman to acquire usable water rights, or an appropriate fee in lieu thereof, equal to the average annual diversion requirement necessary to provide the anticipated average annual consumption of water by residents and/or users of the property when fully developed on the basis of the zoning designation(s). The fee may be used to acquire water rights or for improvements to the water system which would create additional water supply capacity. This policy may be subject to the following exceptions: a. For any annexation in excess of ten acres, it shall be carried out prior to final plat approval, final site plan approval or the issuance of any building permits, whichever occurs first, provided that the applicant executes a promissory note or other appropriate document acceptable to the City. The applicant will need to provide useable water rights, or an appropriate fee in lieu at the time of annexation, based on an amount determined by the Director of Public Services and/or as assigned to the property as indicated in the recommended terms of annexation. b. For any annexation or portion thereof proposed for use as a church as that term is defined in the Bozeman zoning ordinance, the R-1, Residential Single-Family, Low Density District shall be used in place of the property’s zoning designation for calculating the water requirement. If the use changes from a church at any time in the future, the owner of the property will enter into a separate agreement providing that, at the time of the change, the owner or successor shall supply any additional water rights or fees which might be due, based on the actual zoning designation at the time of the change. This policy is not applicable to this annexation. Policy 6: Infrastructure and emergency services for an area proposed for annexation will be reviewed for the health, safety and welfare of the public. If it is found that adequate services cannot be provided to ensure public health, safety and welfare, it shall be the general policy of the City to require the applicant to provide a written plan for accommodations of these services, or not approve the annexation. Additionally, annexation proposals that would use up infrastructure capacity already reserved for properties lying either within undeveloped portions of the City 181 #A-12005 Kirk Annexation Staff Report 7 limits or lying outside the City limits but within the identified sewer or water service area boundaries, shall generally not apply. City infrastructure and emergency services are immediately available to the subject property. As noted previously the intent of the applicant for annexing the subject property is to access municipal infrastructure. Assessment of the impacts to infrastructure, public services, schools, park land, and other community requirements was achieved and evaluated during subdivision review in 1990. Said impacts identified with development of the subdivision were mitigated with the filing of the final plat. For this application, the DRC has determined that municipal infrastructure is located in the immediate area and could be extended from their current location in Gibson Drive (i.e., 8” water and sanitary sewer mains). Emergency services are currently serving this area, and municipal police and fire are within adequate response times of the site. The DRC considered the annexation request and did not identify any significant impacts to the City’s sanitary sewer and water municipal facilities, or transportation system that could not be addressed or fulfilled by the applicant during any subsequent review for development of the property. The applicant is reminded by the City Engineer’s Office that the property is located within the regulatory floodplain of the East Gallatin River and that a floodplain development permit shall be obtained pursuant to the city’s Floodplain Regulations (Chapter 38, Article 31 Bozeman Municipal Code) prior to issuance of a building permit (see Engineer Office recommended annexation term #8). Policy 7: It shall be the general policy of the City of Bozeman to require annexation of any contiguous property for which city services are requested or for which city services are currently being contracted. No City services are currently being contracted. With further development of the property, municipal infrastructure will be extended into the site. Policy 8: The annexation application shall be accompanied by mapping to meet the requirements of the Director of Public Service. Mapping to meet the requirements of the Director of Public Services must be provided with the Annexation Agreement. Typically, this includes an 18-inch x 24-inch mylar map, a reduced 8½-inch by 11 or 14-inch annexation map exhibit, and a digital copy containing the metes and bounds legal description of said property. Mapping requirements are addressed in the terms of annexation. Policy 9: It shall be the policy of the City of Bozeman to assess a system development/impact fee in accordance with Chapter 3.24, Bozeman Municipal Code, and in accordance with the Bozeman Growth Policy and other policies as they are developed. Water and sewer impact fees will be required from the landowner or successors upon connection. At the time of any development on the propert y as a single family dwelling, the land owner or their successors shall pay all additional impact fees required by Chapter 3.24, Bozeman Municipal Code. Policy 10: Public notice requirements shall be in compliance with Montana Code Annotated. In addition, notice shall be posted in at least one conspicuous location on the site in question, and mailed to all owners of real property of record within 200 feet of the site in question using the last declared county real estate tax records, not more than 45 days nor less than 15 days prior to the scheduled action to approve or deny the annexation by the City Commission, specifying the date, time and place the annexation will be considered by the City Commission. The notice shall contain the materials specified by Section 18.76.020.A, BMC. In addition, where a commonly identifiable street address is not visible on the property to be annexed, the notice shall provide a map of the area in question so as to indicate its general location and proximity to surrounding properties. Notices of the public hearing have been sent and posted on the site as set forth under this policy. 182 #A-12005 Kirk Annexation Staff Report 8 Policy 11: Annexation agreements shall be executed and returned to the City within 60 days of distribution of the annexation agreement, unless another time period is specifically identified by the City Commission. This policy is specified in the recommended terms of annexation. Policy 12: When possible, the use of Part 46 annexations is preferred. This annexation is being processed under Part 46 provisions. Summary and Conclusion The Planning Department, DRC and other local review agencies have reviewed the request for annexation and have provided the above comments as they relate to the Goals and Policies set forth in Commission Resolution No. 3907. Should the City Commission choose to proceed with the request for annexation, staff recommends that the terms of annexation listed in this Staff Report be addressed prior to acknowledging the Annexation Agreement and formal annexation of said property. Attachments: Applicant’s submittal materials Report Sent to: Roger Kirk, 11 Kean Drive, Bozeman, MT 59718 C & H Engineering and Surveying, Inc., 1091 Stoneridge Drive, Bozeman, MT 59718 183 184 185 186 187 188 189 190 191 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Dave Skelton, Senior Planner Tim McHarg, Planning Director SUBJECT: Kirk Zone Map Amendment #Z-12091 MEETING DATE: August 6, 2012 AGENDA ITEM TYPE: Action (Legislative) RECOMMENDATION: That the City Commission adopts the provided staff findings and approves the zone map amendment, with the four (4) recommended contingencies listed on Page 2 of the Staff Report, and directs staff to prepare an ordinance for the zone map amendment. RECOMMENDED MOTION: Having heard and considered public testimony, the application materials, and the staff analysis and findings, I move to approve the R-1 zone map amendment request for #Z-12091, with the four (4) recommended contingencies listed on page two (2) of the staff report, and direct Staff to prepare an ordinance for the zone map amendment. BACKGROUND: The property owner and applicant, Roger Kirk, represented by C & H Engineering and Surveying, Inc., has made application to the City for a Zone Map Amendment to amend the City of Bozeman Zone Map and establish an initial municipal zoning designation on approximately 1.92 acres of R-1 (Residential, Single-Household, Low Density District) in conjunction with annexation request #A-12005. The subject property is located on the 100 block of Gibson Drive and is legally described as Lot 9, Block 1 of the Walker Property Subdivision Planned Unit Development located in the SW 1/4 of Section 25, T1S, R5E, PMM, Gallatin County, Montana. The property is situated on the south side of Gibson Drive off of Campbell Road and is located approximately a half mile northeast of the intersection of Springhill Road and US Highway 10. The purpose of the annexation and zone map amendment request is to obtain municipal infrastructure and services as a result of the Montana Department of Natural Resources and Conservation (DNRC) and Montana Department of Environmental Quality (DEQ) determination that wells for domestic use in the subject area will not be permitted as a result of the plume. The underlying Bozeman Community Plan land use designation for the currently vacant property is “Residential”. On May 30, 2012 the Development Review Committee (DRC) recommended approval of the application and their recommended contingencies are included in the attached report. 192 The Zoning Commission held a public hearing on the proposed Zone Map Amendment at their July 17, 2012 meeting to formally review the application and receive all written and oral testimony on the proposal. No public comment or testimony on the matter was provided during the public hearing. The Zoning Commission voted 3-0 to recommend approval of the requested R-1 zoning designation as noted in the attached Resolution #Z-12005 and the minutes from said public hearing. UNRESOLVED ISSUES: None determined at this time. FISCAL EFFECTS: Annexing the property and establishing the new municipal zoning will enable future development of the property with the full infrastructure and public services (police, fire, streets, etc.) of the City when deemed appropriate. This would increase tax values and corresponding revenue from the property. The City will accrue additional costs to service the property with municipal service with future development. Attachments: Staff Report, Applicant’s submittal materials, Zoning Commission Resolution #Z-12091, Zoning Commission 7/17/2012 Meeting Minutes. Report compiled on: May 31, 2012 193 Kirk ZMA Staff Report #Z-12091 Page 1 of 13 Kirk Zone Map A mendment File # Z -12091 Zoning Commission and City Commission Staff Report Item: Zoning Application #Z-12091 – An application to amend the City of Bozeman Zone Map to establish a municipal zoning designation of R-1 (Residential, Single Household, Low Density District) on approximately 1.92 acres. Owner/Applicant: Roger Kirk, 11 Kean Drive, Bozeman, MT 59718 Representative: C & H Engineering and Surveying, Inc., 1091 Stoneridge Drive, Bozeman, MT 59718 Date/Time: Before the Bozeman Zoning Commission on Tuesday, July 17, 2012 at 6:00 PM in the Commission Meeting Room, City Hall, 121 North Rouse Avenue Bozeman, Montana; and before the Bozeman City Commission on Monday, August 6, 2012 at 6:00 PM in the Commission Meeting Room, City Hall, 121 North Rouse Avenue Bozeman, Montana Report By: Dave Skelton, Senior Planner Recommendation: Approval of R-1 with contingencies LOCATION The subject property is located in the Walker Property Subdivision PUD situated northeast of the intersection of Spring Hill Road/Highway 10 frontage road and is generally located on Gibson Drive off of Campbell Road. The site is approximately 1.92 acres and is legally described as a tract of land located in the SW 1/4 of Section 25, T1S, R5E, PMM, Gallatin County, Montana being Lot 9, Block 1 of Walker Property Subdivision PUD. Please refer to the vicinity map below. 194 Kirk ZMA Staff Report #Z-12091 Page 2 of 13 RECOMMENDED CONTINGENCIES Having reviewed the application materials, considered public comment, and considered all of the information presented, I hereby adopt the findings presented in the staff report for application #Z- 12091 and move to recommend approval of the requested Zone Map Amendment to the City Commission with the following contingencies: 1. That all documents and exhibits necessary to establish an initial municipal zoning designation shall be identified as the “Lot 9 Block 1 Walker Property Subdivision Zone Map Amendment”. 2. That the Ordinance for the Zone Map Amendment shall not be approved until the Annexation Agreement is signed by the applicant and formally approved by the City Commission. If the annexation agreement is not approved, the Zone Map Amendment application shall be null and void. 3. That the applicant submit a zone amendment map, titled “Lot 9 Block 1 Walker Property Subdivision Zone Map Amendment”, on a 24” by 36” mylar, 8 ½” by 11”, or 8 ½” by 14” paper exhibit, and a digital copy of the area to be zoned, acceptable to the Director of Public Service, which will be utilized in the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map. Said map shall contain a metes and bounds legal description of the perimeter of the subject property and zoning districts, and total acreage of the property. 4. That the Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides a metes and bounds legal description prepared by a licensed Montana surveyor and map of the area to be rezoned, which will be utilized in the preparation of the Ordinance to officially amend the zone map. PROPOSAL The property owner, Roger Kirk, represented by C & H Engineering and Surveying, Inc., has made application to the Bozeman Department of Planning and Community Development for a Zone Map Amendment (ZMA) to establish an initial municipal zoning designation of “R-1” (Residential, Single- Household, Low Density District) on approximately 1.92 acres. The subject property is not presently located within the corporate limits of the City of Bozeman and this ZMA is being processed concurrently with the annexation application. The intent of the R-1 District is to provide for primarily single-household residential development and related uses within the city at urban densities, and to provide for such community facilities and services as well as the area’s residents while respecting the residential character and quality of the area. On May 30, 2012 the Development Review Committee (DRC) recommended approval of the application with the recommended contingencies included above. BACKGROUND The Walker Property Subdivision PUD was originally approved by the City of Bozeman in 1990 and currently falls within the jurisdiction of the Gallatin County. The existing overall zoning patterns within this PUD include a mix of Agricultural Suburban (AS), Residential, Single-Household Low Density District (R-1), Residential Single-Family Medium Density (R-2), Residential Medium Density (R-3), Residential Office (R-O), and Neighborhood Service (B-1). The property under consideration is currently developed as part of a mixed-use major subdivision consisting of single-household residences, condominiums, offices, day care center, restaurant, motel, car wash and gas station / convenience store. The remaining subdivision lots are not yet developed. 195 Kirk ZMA Staff Report #Z-12091 Page 3 of 13 The Montana Department of Natural Resources and Conservation (DNRC) and Montana Department of Environmental Quality (DEQ) in 2002 determined that wells for domestic use will not be permitted as a result of the plume associated with the Bozeman solvent site and connection to the recently installed municipal water supply will be required for all new potable service. Thus, annexation for new development of the remaining lots is required to access municipal infrastructure, as well as municipal zoning. In May of 2002, the City Commission approved the Walker Property Zone Map Amendment (#Z- 0252) that approved a blank zone map amendment for all twenty-two (22) subdivision lots contingent on receiving a complete annexation application for each lot(s) before May 20, 2004. The intent of this blank zone map amendment application was to maintain, as much as possible, the existing zoning and land use patterns, as well as promote efficient annexation to the City limits due to the need and availability of services. The proposed amendment implemented by the City in 2002 was intended to give each property the ability to essentially keep the existing zoning designations if and when property owners choose to annex to the City of Bozeman. Because the City does not have a zoning designation of A-S, Agricultural Suburban, Planning Saff in 2002 recommended the closest alternative, R-S, Residential Suburban, in addition to the appropriate residential and commercial zoning designations for current and proposed land use patterns. Much of this A-S land is protected as common open space by the subdivision covenants. The R-2 (Residential Single Family, Medium Density District) proposed in 2002 would now be considered for development as R-1 (Residential Single-Household Low Density District), finding that under the current Unified Development Code (DC) the R-2 zoning designations now represents development as residential two-household medium dwellings. While some of the existing residential dwellings predates the DNRC and DEQ requirement to annex to the City and tie into municipal infrastructure only seven of the approximate twenty-two subdivision lots have annexed. Those that have annexed are illustrated on the applicant’s zone map amendment exhibit. LAND CLASSIFICATION AND ZONING The property is currently vacant undeveloped lands contiguous to only one other annexed parcel in the subdivision (Lot 7, Block 1), which is situated immediately to the north and zoned “R-1”. The following existing land uses and zoning are adjacent to the subject property: North: Annexed land zoned “R-1” (Lot 7, Block 1 Walker Property Subdivision) – Designated “Residential” on the City of Bozeman Future Land Use Map. South: Partially developed; Unannexed County land zoned “AS” (Agricultural Suburban District) – (Lot 1A, Walker Property Subdivision) - Designated “Residential” on the City of Bozeman Future Land Use Map. East: Vacant; Uannexed County land zoned “AS” (Agricultural Suburban District) – (Lot 8, Block 1, Walker Property Subdivision) - Designated “Residential” on the City of Bozeman Future Land Use Map. West: Developed; Uannexed County land (Lot 10A, Block 9, Walker Property Subdivision) zoned “AS” (Agricultural Suburban District) – Designated “Residential” on the City of Bozeman Future Land Use Map. 196 Kirk ZMA Staff Report #Z-12091 Page 4 of 13 Existing Zoning and Future Land Use Maps 197 Kirk ZMA Staff Report #Z-12091 Page 5 of 13 REVIEW CRITERIA The establishment of a zoning district is a legislative act to set policy relating to future development proposals. The Bozeman Planning Office has reviewed the application for a Zone Map Amendment against the Bozeman Community Plan, the City of Bozeman Unified Development Code (UDC), and the thirteen (13) criteria established in Section 76-2-304, Montana Codes Annotated, and as a result offer the following summary-review comments for consideration by the Zoning and City Commission. A. Be in accordance with a growth policy. Yes. The subject property is recognized as “Residential” on Figure 3-1 Future Land Use Map of the Bozeman Community Plan as noted on the attached map at the end of this staff report. The “Residential” land use designation of the Bozeman Community Plan indicates that: “This category designates places where the primary activity is urban density dwellings. Other uses which complement residences are also acceptable such as parks, low intensity home based occupations, fire stations, churches, and schools. High density residential areas should be established in close proximity to commercial centers to facilitate the provision of services and employment opportunities to persons without requiring the use of an automobile. Implementation of this category by residential zoning should provide for and coordinate intensive residential uses in proximity to commercial centers. The residential designation indicates that it is expected that development will occur within municipal boundaries, which may require annexation prior to development. The dwelling unit density expected within this classification varies between 6 and 32 dwellings per net acre. A higher density may be considered in some locations and circumstances. A variety of housing types can be blended to achieve the desired density. Large areas of single type housing are discouraged. In limited instances the strong presence of constraints and natural features such as floodplains may cause an area to be designated for development at a lower density than normally expected within this category. All residential housing should be arranged with consideration of compatibility with adjacent development, natural constraints such as watercourses or steep slopes, and in a fashion which advances the overall goals of the Bozeman growth policy. The residential designation is intended to provide the primary locations for additional housing within the planning area.” Figure 3-1 (Future Lane Use Map) is not the only element of the growth policy which must be considered. There are many goals, objectives, and other text which must also be evaluated. While not every element will apply to every proposal, a broad evaluation of compliance is needed. A proposal may comply with Figure 3-1 but not the other elements of the plan. To be in accordance with the growth policy compliance must be to both Figure 3-1 and the other plan elements. Chapter 3 of the Bozeman Community Plan addresses land uses. Beginning on page 3-3, there are seven principles laid out which provide a foundation for Bozeman’s land use policies and practices. There is a description of each of them provided in the provided pages attached to this report. These are: Neighborhoods, Sense of Place, Natural Amenities, Centers, Integration of Action, Urban Density, and Sustainability Supportive examples of applicable goals and objectives for this application include: Chapter 3 Land Use: Goal LU-1: Create a sense of place that varies throughout the City, efficiently provides public and private basic services and facilities in close proximity to where people live and work, and minimizes sprawl. 198 Kirk ZMA Staff Report #Z-12091 Page 6 of 13 Objective LU-1.4: Provide for and support infill development and redevelopment which provides additional density of use while respecting the context of the existing development which surrounds it. Respect for context does not automatically prohibit difference in scale or design. In considering the appropriateness of a particular zoning district for a site, it is appropriate to consider what district will most fully advance the community plan goals and aspirations. As a zone map amendment is a legislative, not quasi-judicial, matter the City has broad discretion to decide the course considered most suitable. There is other existing R-1 zoning in this immediate area (as noted in the above “Existing Zoning Map”). In addition to the existing “R-1” lot to the north, two additional single family dwellings under the jurisdiction of the Gallatin County are situated to the east and west of the site being considered with this zone map amendment. With development of this property with the three existing single family residential lots, it would allow for appropriate infill development and the utilization of the existing City infrastructure as desired by the City’s adopted Growth Policy. B. The effect on motorized and non-motorized transportation systems. Neutral. The area’s transportation network system for the proposed zoning designation was evaluated and constructed with the approval of Walker Property Subdivision PUD. The existing lot is accessed by the local street Gibson Drive which connects with Campbell Road and then links with two arterial roads, Springhill Road and US Highway 10. In terms of non-motorized transportation, the Bozeman Parks, Recreation, Open Space and Trails (PROST) Plan does not identify any proposed trail corridor in the immediate area of the zone map amendment. As the local streets for this subdivision were developed to a County road standard in 1990 to maintain the suburban character of the area, no boulevard sidewalks exist with this subdivision. C. Secure safety from fire, panic, and other dangers. Yes. The regulatory provisions established in all of the zoning designations, in conjunction with provisions for adequate transportation facilities, properly designed water mains and fire service lines and adequate emergency exits/escapes, will address safety concerns with any future subdivision and/or other development of the property. All new structures and development on the subject property would be required to meet the minimum zoning requirements for setbacks, lot coverage, height limitations and lot sizes to ensure the health, safety and general welfare of the community. Per Article 1 of the UDC, the City of Bozeman’s has the authority and power to require more stringent standards than the minimum requirements if it ensures the best service to the public interest. D. Promote public health, public safety, and general welfare. Yes. The regulatory provisions established through the City’s municipal code under Chapter 38, Unified Development Code (UDC), BMC, will adequately address the issues of health and general welfare. Further development of the subject property also requires review and approval by the Montana Department of Health and Environmental Sciences, City Engineer's Office and Director of Public Service. As stated previously, the purpose of the annexation and zone map amendment are for the purposes of accessing municipal infrastructure. The property, upon development, would be required to come into conformance with all requirements of the zoning ordinance. E. Reasonable provision of adequate light and air. Yes. The regulatory standards set forth in the City of Bozeman UDC for the requested “R-1” zoning district provides the necessary provisions (i.e., yard setbacks, lot coverage, open space and building 199 Kirk ZMA Staff Report #Z-12091 Page 7 of 13 heights), which are intended to provide for adequate light and air for any proposed development on the subject property. F. Prevention of overcrowding of land. Yes. The minimum yard setbacks established in the “R-1” district, as well as the limitations of lot coverage for principal and accessory structures and off-street parking facilities, would maintain the desired percent of buildable area. Minimum yard setbacks, height requirements, maximum lot coverage and required parking are also limiting factors that help prevent the overcrowding of land. Such regulatory standards should prevent the overcrowding of land, and maintain compatibility with the character of the surrounding area. Based on the 1.92-acre lot and the R-1 limitations for a single- household residential dwelling, overcrowding of the land will be avoided. G. Avoiding undue concentration of population. Yes. Future development of the subject property zoned under this proposal will result in a density increase beyond what currently exists on the vacant property. While the applicant intends to construct a single-household residential dwelling as the principle use, compliance with the regulatory standards set forth in the UDC and the International Building Code will aid in providing adequately sized dwelling unit(s) to avoid undue concentration of population. According to the census information for the City of Bozeman the average household size has been declining from 5.74 in 1930 to 2.83 with the latest census. This historical trend is anticipated to continue and would indicate that the undue concentration of the population is not a significant issue with any zoning designation. H. Facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. Yes. As noted previously the intent of the applicant for annexing the subject property is to access municipal infrastructure. Assessment of the impacts to infrastructure, public services, schools, park land, and other community requirements was achieved and evaluated during subdivision review in 1990. Said impacts identified with development of the subdivision were mitigated with the filing of the final plat. For this application, the DRC has determined that municipal infrastructure is located in the immediate area and could be extended from their current location in Gibson Drive (i.e., 8” water and sanitary sewer mains). Emergency services are currently serving this area, and municipal police and fire are within adequate response times of the site. I. Conserving the value of buildings. Yes. There are no existing buildings on the property. Adjacent properties to the north, east and west are developed with single family dwellings. The property to the south is currently used for open space and pasture and has no buildings. The proposed R-1 zoning is developed predominantly for single detached homes. See Item J for further discussion. J. Character of the district. Yes. The most important factor in determining the suitability of a proposed zoning designation is the potential for compatibility with existing adjacent land uses. The area has a diversity of existing and approved land uses with the original Walker Property Subdivision PUD approval in 1990. As envisioned by the Bozeman Community Plan, this area is designated to continue to develop as a “mixed-use” commercial, professional offices and residential development where the current zoning designations reflects the two land use types anticipated for the PUD (i.e., “Residential” for R-1, R-2 and R-3 zoning and “Community Commercial Mixed Use” for the B-1 and RO zoning. Two of the three adjacent uses are still zoned as AS (Agriculture Suburban) under the County jurisdiction, while the third has been annexed and zoned R-1. All three lots currently reflect the “Residential” land us designation with single-family residential dwellings existing on all three lots. The R-1 zone in the 200 Kirk ZMA Staff Report #Z-12091 Page 8 of 13 City is the most restrictive of the residential zoning designations. The municipal R-1 zoning district allows a variety of related community facilities and services as conditional uses, but with an emphasis on respecting the residential character and quality of the immediate surrounding area. K. Peculiar suitability for particular uses. Yes. The proposed zone map amendment provides reasonable consideration to the character of the district by maintaining the current land use patterns in the immediate area. The site is well located for residential uses and the R-1 would permit infill development that would best take advantage of the existing infrastructure (e.g. streets, sewer, water, etc.) available to this property. The use of the property for single household detached homes will be the same uses the adjacent property to the north, west and east. L. Encourage the most appropriate use of land throughout the jurisdictional area. Yes. The R-1 zoning designation for this application is supportive of the overall intent of the growth policy in regards to encouraging infill development and the establishment of urban density. As previously noted, this zoning will also allow this property to develop at a density that takes advantage of the existing infrastructure available and in near proximity to this location. While there is only one additional residential lot on Gibson Drive that has annexed and established a municipal R-1 zoning designation it reflects the current land use pattern that has been established with three of the existing five subdivision lots along this local street. The R-1 uses of predominantly single detached low- density housing are an appropriate use of this relatively small site. M. Promotion of Compatible Urban Growth. Yes. The adopted growth policy is the means by which land use patterns are evaluated and locations for appropriate uses assigned in a broad fashion. To guide this evaluation the Bozeman Community Plan provides several guiding ideas and principles for the physical development of the City as discussed above in Item “A”. Development consistent with these ideals and principles are more likely to be compatible with adjacent development both within and outside of the City limits. PUBLIC COMMENT As of the writing of this staff report, the City of Bozeman Department of Planning and Community Development has not received any public testimony on the matter. Any written comments received by the Planning Office following completion of the respective review packets will be forwarded to the Zoning Commission and City Commission during the public hearings. SUMMARY & CONCLUSION The Department of Planning and Community Development and the Development Review Committee, have reviewed the proposed Zone Map Amendment application and have provided summary review comments as outlined above in the staff report; and as a result, recommend approval of the application with contingencies. The recommendation of the Bozeman Zoning Commission will be forwarded to the Bozeman City Commission for consideration at its public hearing scheduled for Monday, August 6, 2012. The City Commission will make the final decision on the application. IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 20% OR MORE OF THE LOTS IMMEDIATELY ADJACENT TO OR WITHIN 150 FEET FROM THE STREET FRONTAGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. 201 Kirk ZMA Staff Report #Z-12091 Page 9 of 13 REPORT SENT TO Roger Kirk, 11 Kean Drive, Bozeman, MT 59718 C & H Engineering and Surveying, Inc., 1091 Stoneridge Drive, Bozeman, MT 59718 ATTACHMENTS Table 38.08.020 of UDC (Table of Residential Uses) Exhibit “A” – Vicinity Area Map Exhibit “B” – Vicinity Site Map Applicant’s submittal materials 202 Kirk ZMA Staff Report #Z-12091 Page 10 of 13 Table 38.08.020 – Table of Residential Uses Table of Residential Uses Authorized Uses R-S R-1 R-2 R-3 R-4 R-O RMH Accessory dwelling units8, 9 C C P P P P — Agricultural uses on 2.5 acres or more2 P — — — — — — Agricultural uses on less than 2.5 acres2 C — — — — — — Apartments/apartment building, as defined in article 42 of this chapter — — — — P P — Assisted living/elderly care facilities — — — C C P — Bed and breakfast C C C C P P — Commercial stable C — — — — — — Community centers C C C C C P C Community residential facilities (with more than four residents) C C C P P P C Cooperative housing C C C P P P C Day care centers C C C P P P C Essential services (Type I) P P P P P P P Essential services (Type II) C — — — — — C Extended stay lodgings C C C P P P — Family day care home P P P P P P P Fences A A A A A A A Fraternity and sorority houses — — — C P P — Golf courses C C C — — — C Greenhouses A A A A A A — Group day care home P P P P P P P Guesthouses A A A A A A — Home-based businesses5 A/C A/C A/C A/C A/C A/C A/C Lodginghouses — — — C P P — Offices — — — — C3 P — Other buildings and structures typically accessory to authorized uses A A A A A A A Private garages A A A A A A A Private or jointly owned recreational facilities A A A A A A A Private stormwater control facilities A A A A A A A Private vehicle and boat storage A A A A A A A/C4 Public and private parks P P P P P P P Manufactured homes on permanent foundations1 P P P P P P P Manufactured home communities — — — — — — P 203 Kirk ZMA Staff Report #Z-12091 Page 11 of 13 Medical offices, clinics, and centers — — — — C P — Recreational vehicle parks C — — — — — P Signs, subject to article 28 of this chapter A A A A A A A Single-household dwelling P P P P P P P Temporary buildings and yards incidental to construction work A A A A A A A Temporary sales and office buildings A A A A A A A Three- or four-household dwelling — — — P P P — Two-household dwelling — — P P P P — Townhouses (two attached units) P7 P7 P P P P P7 Townhouses (five attached units or less) — — — P6 P P — Townhouses (more than five attached units) — — — — P P — Tool sheds for storage of domestic supplies A A A A A A A Uses approved as part of a PUD per article 20 of this chapter C C C C C C C Veterinary uses C — — — — — — 204 Kirk ZMA Staff Report #Z-12091 Page 12 of 13 205 Kirk ZMA Staff Report #Z-12091 Page 13 of 13 206 207 208 Lot 9, Block 1 Walker Property ZMA 1 RESOLUTION #Z-12091 RESOLUTION OF THE CITY OF BOZEMAN ZONING COMMISSION RECOMMENDING APPROVAL OF AN APPLICATION TO AMEND THE CITY OF BOZEMAN ZONING MAP TO ESTABLISH AN INITIAL ZONING DESIGNATION OF R-1 (RESIDENTIAL, SINGLE-HOUSEHOLD, LOW DENSITY DISTRICT) ON 1.92 ACRES CONTINGENT UPON ANNEXATION OF SAID PROPERTY WHICH IS DESCRIBED AS LOT 9, BLOCK 1 OF WALKER PROPERTY SUBDIVISION PLANNED UNIT DEVELOPMENT LOCATED IN THE SW ¼ OF SECTION 25, T1S, R5E, PMM, GALLATIN COUNTY, MONTANA. WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps if a public hearing is held and official notice is provided; and WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct a public hearing and submit a report to the City Commission for all zoning map amendment requests; and WHEREAS, the City of Bozeman Zoning Commission has been created by Resolution of the Bozeman City Commission as provided for in Section 76-2-307, M.C.A.; and WHEREAS, Chapter 38, Article 37 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, Roger Kirk, represented by C & H Engineering, applied for a zoning map amendment, pursuant to Chapter 38, Article 37 of the Bozeman Unified Development Code, to amend the Bozeman zoning map to establish an initial zoning designation of R-1 (Residential, Single-Household, Low Density District) for 1.92± acres; and WHEREAS, the proposed zoning map amendment request has been properly submitted, reviewed and advertised in accordance with the procedures set forth in Chapter 38, Article 17 of the Bozeman Unified Development Code and Title 76, Chapter 2, Part 3, M.C.A.; and WHEREAS, the City of Bozeman Zoning Commission held a public hearing on July 17, 2012, to formally receive and review all written and oral testimony on the proposed zoning map amendment; and WHEREAS, no members of the general public provided public testimony on the proposed zone map amendment; and 209 Lot 9, Block 1 Walker Property ZMA 2 WHEREAS, the City of Bozeman Zoning Commission finds that the proposed zoning map amendment generally complies with the thirteen criteria for consideration established in Chapter 38, Article 17 of the Bozeman Unified Development Code; NOW, THEREFORE, BE IT RESOLVED that the City of Bozeman Zoning Commission, on a vote of 3-0, officially recommends to the Bozeman City Commission approval of zoning application #Z-12091 to amend the Bozeman zoning map to establish an initial zoning designation of R-1 (Residential, Single-Household, Low Density District) on 1.92± acres contingent upon annexation of said property which is described as Lot 9, Block 1 of Walker Property Subdivision Planned Unit Development, located in the SW¼ of Section 25, T1S, R5E, PMM, Gallatin County, Montana subject to the following contingencies: 1. That all documents and exhibits necessary to establish an initial municipal zoning designation shall be identified as the “Lot 9 Block 1 Walker Property Subdivision Zone Map Amendment”. 2. That the Ordinance for the Zone Map Amendment shall not be approved until the Annexation Agreement is signed by the applicant and formally approved by the City Commission. If the annexation agreement is not approved, the Zone Map Amendment application shall be null and void. 3. That the applicant submit a zone amendment map, titled “Lot 9 Block 1 Walker Property Subdivision Zone Map Amendment”, on a 24” by 36” mylar, 8 ½” by 11”, or 8 ½” by 14” paper exhibit, and a digital copy of the area to be zoned, acceptable to the Director of Public Service, which will be utilized in the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map. Said map shall contain a metes and bounds legal description of the perimeter of the subject property and zoning districts, and total acreage of the property. 4. That the Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides a metes and bounds legal description prepared by a licensed Montana surveyor and map of the area to be rezoned, which will be utilized in the preparation of the Ordinance to officially amend the zone map. DATED THIS DAY OF , 2012, Resolution #Z-12091 _____________________________ ____________________________ Tim McHarg, Planning Director Randy Wall, Vice Chairperson Dept. of Planning & Community Development City of Bozeman Zoning Commission 210 Page 1 of 8 Zoning Commission Minutes – July 17, 2012 ZONING COMMISSION MINUTES TUESDAY, JULY 17, 2012 ITEM 1. CALL TO ORDER AND ATTENDANCE Vice-Chairperson Randy Wall called the meeting to order at 6 p.m. and ordered the Recording Secretary to take attendance. Members Present: Randy Wall, Vice Chairperson Trever McSpadden David Peck City Commission Liaison: Carson Taylor Members Absent: Erik Garberg Nathan Minnick Staff Present: Doug Riley, Associate Planner Tim McHarg, Director of Planning and Community Development Dave Skelton (Senior Planner) Guests Present: Katherine Ball Jim Cannata Julie and Steve Shea Susan Riggs, Intrinsik Architecture ITEM 2. PUBLIC COMMENT {Limited to any public matter within the jurisdiction of the Zoning Commission and not scheduled on this agenda. Three-minute time limit per speaker.} Seeing there was no general public comment forthcoming, Vice Chairperson Wall closed this portion of the meeting. ITEM 3. MINUTES OF JUNE 5, 2012 The minutes of June 5, 2012 were approved without amendments. ITEM 4. PROJECT REVIEW 1. Zone Map Amendment Application #Z-12122 – (South Wallace ~200 Block) A Zone Map Amendment requested by the owners Gallatin Seed Company Condominium Association, P.O. Box 6429, Bozeman, MT 59771 and Olive & Wallace, LLC, 416 N. Ida Ave., Bozeman, MT 211 Page 2 of 8 Zoning Commission Minutes – July 17, 2012 59715 and representatives Intrinsik Architecture, Inc., 111 N. Tracy Ave., Bozeman, MT 59715 and Rocky Mountain Engineers, 1700 W. Koch St., Bozeman, MT 59715 requesting to change the urban zoning designation from R-4 (Residential High Density District) to B-3 (Central Business District) on 2.8751 acres. The property is located at ~ the 200 block of South Wallace Avenue and is legally described as Rouse’s 2nd Addition, Block D, Lots 11-20, Section 7, T2S, R6E, PMM, Gallatin County, City of Bozeman, Montana. (Riley) Associate Planner Doug Riley presented the Staff Report. The primary purpose of this zone map amendment is to bring the subject property into conformance as it currently has non-conforming uses and encouragement of the Growth Policy as part of the Downtown District. Mr. Riley went into detail regarding details within the growth policy as it relates to this property. Mr. Riley reported that one public comment letter had been received offering reserved support for the requested B-3 zoning and a second public (e-mail) comment relaying concerns regarding existing parking and traffic volumes in the neighborhood. Mr. Riley explained that neighbors would be notified if there were any future redevelopment plans on the site. The applicants do not have any immediate plans for redevelopment. City staff is recommending approval of this application with 3 contingencies listed on page 2 of the staff report. Randy Wall asked questions about the boundaries for the East Gateway District on the Downtown Improvement Plan and the Downtown Core map. Mr. Riley spoke to the maps presented and answered that this property is located within the community core area. Randy Wall asked whether residential use is allowed in the B-3 District. Mr. Riley referred to the table of uses and said apartments/condos are allowed. Randy Wall confirmed with staff that the Residential Emphasis Mixed Use (REMU) Zoning District has been created and adopted. Randy Wall confirmed that downtown is primarily B-3 and that B-3 promotes mixed use. Applicant Presentation Susan Riggs with Intrinsik Architecture explained they are representing Olive and Wallace LLC and the Gallatin Valley Seed Company Condominium Association. Ms. Riggs feels this application is very straight forward and as explained would bring the property into conformity. Approval of B-3 will open the opportunity for infill, improvements to the South Wallace streetscape and buildings. Preliminary analysis of the site has been completed. They have had several public outreach events, with the main concerns raised being future development, parking issues, traffic concerns and pedestrian safety issues on Wallace. Mr. Peck asked about the concerns raised in the neighborhood outreach events and whether R-4 zoning was compared. He then asked what the vision is for development of the vacant parcel. Ms. Riggs explained that preliminary ideas include a two story office building with the bottom layer being built as parking. Randy Wall asked about the technical assistance grants that Intrinsik has applied for and then asked what the parking problems are. 212 Page 3 of 8 Zoning Commission Minutes – July 17, 2012 Ms. Riggs explained that they applied for grants from the Downtown Improvement District. She further explained the existing parking in the front of Harrington’s encroaches into the right of way and there is no sidewalk. On the south of the site there could be parking solutions as well as possibilities of working with the library to create more parking. Peak hours such as during Farmer’s Markets and library events are the main issue with parking. PUBLIC COMMENT Jim Cannata of 121 South Wallace, looks right into the side of the seed company and said South Wallace is not a local dead end and that the traffic is consistent. He questions the effect on the traffic and said his real concern is the possibility of a high profile building in place of the seed company that would block the sun on his property. Julie Shea, co-owner of the property on 309 South Wallace confirmed that the Commission received a letter from Ryan Hamilton. She then said she feels this process puts the cart before the horse as they do not know what will happen on the property and the vacant lot. The poor traffic planning has been a problem since the library opened and has had a high impact. Mr. Wall asked Ms. Shea whether or not she supports the rezone. Ms. Shea said she was originally neutral until she looked into the difference between R-4 and B- 3 and she does not have enough information to support the rezone as she does not know what will really happen on the vacant property. Steve Shea, co-owner of 309 South Wallace spoke regarding the lack of a solid plan prior to the change in zoning. Mr. Wall said a zone change can be based upon the underlying land use. Right now there are uses on the property that are not consistent with the zoning. Mr. Shea referred to a proposal shown by Intrinsik at the community meeting last night saying it was a nice design, but is just a picture and is not something that has been approved. The frustration and fear is that the impact to the neighborhood is unknown. He feels residential homeowners are held to a higher standard than commercial owners and he does not feel that is fair. He says the city had poor planning on ingress and egress to the library. He spoke regarding traffic congestion during Farmer’s Market and the difficulties with evacuating the library. He also spoke regarding the lack of sidewalk or crosswalk on the south side of Wallace. He feels those issues should be looked into. Carson Taylor, City Commission liaison said that some of the issues raised are city issues with the library. Commissioner Taylor spoke to the public comment regarding the distinction between a private resident changing zoning and this situation. Mr. Shea spoke again about the poor traffic flow. David Peck spoke to commercial development being held to the same standard as residential 213 Page 4 of 8 Zoning Commission Minutes – July 17, 2012 development. Katherine Ball of 323 South Wallace said she and her husband have owned the property since 1992 and have seen a lot of changes and constant construction. She has been pleased with a lot of the development that has taken place and understands the applicant wanting to comply with the growth plans. Her concerns relate to the guidelines for historic preservation in the neighborhood overlay district which she has heard will help protect the neighborhood from many of the impacts that they worry about. She asked whether this is true or will they be subject to the whim of the City Commission at the time of development. She witnessed the approval of the Cider House on Babcock and South Wallace and said because that property was located in B-3 zoning they were not required to have parking. The Commission has set precedence with that. She is concerned about the possible impacts and risks to the neighborhood if anything that is allowed in B-3 is allowed here. There are really big issues with the library that the neighbors have been continually dealing with. Most of the 1,300 visitors a day come in and out of the library using South Wallace; a dead end, local street. She referred to the possibility of a 70 foot wall of buildings being allowed in B-3. According to city plans, downtown should maintain the current height but further out the height should increase. She does not get the sense there will be protection for the neighborhood. She is concerned about what will create a buffer between commercial and residential. She is worried about noise, waste disposal, loud air conditioning unit noise and late night bar and restaurant users. She said the ridge above this area creates a noise amplifier. She would like to know if the applicants can continue their current use without the zoning change and questioned whether the growth policy may be incorrect as the infrastructure has not been dealt with in this area. She does not support the rezone at this time because of the potential zoning impacts of B-3. Seeing no further public comment, Randy Wall closed public comment. Applicant Rebuttal Ms. Riggs clarified the city planning process explaining that after a zone map amendment application, they would need to go before the planning department with another type of application to propose more specifically how they are addressing parking, neighborhood compatibility, etc., and would have to submit a floor plan and building elevations as well as going before the building department for permits. They are looking at the project comprehensively including looking at improving pedestrian travel and the possibility of shared parking with the library or the possibility of some type of corridor where there is currently a dilapidated shed. Mr. Peck asked about uses within an R-4 district as related to noise. Tim McHarg, Director of Planning and Community Development explained restaurants and other commercial uses would not be allowed in R-4. Mr. Peck referred to the neighbors concerns about noise nuisance. Randy Wall asked what the height limitations are in R-4 and B-3 zoning. 214 Page 5 of 8 Zoning Commission Minutes – July 17, 2012 Mr. McHarg explained that R-4 is a range based on the pitch of the roof and that within B-3 outside of the core the height restriction is 70 feet. Trever McSpadden asked for clarification on parking exceptions for B-3. Mr. McHarg said that within the last two years to implement the downtown plan, several parking reductions are now permitted within the B-3 district. One is that the first 3,000 square feet of floor area is exempt from onsite parking requirements. This was referenced in the Cider House project. Mr. McSpadden clarified that at the redevelopment stage, there are parking and traffic considerations as part of the process. Mr. McHarg spoke to how all the pieces of the development regulations work together, making it exceedingly unlikely that a 70 foot building could be located on this site. MOTION: Trever McSpadden moved, David Peck seconded, that having reviewed the application materials, considered public comment and considered all the information presented, I hereby adopt the findings presented in the staff report for application Z-12122 and move to recommend approval of the requested zone map amendment to the City Commission with the contingencies listed as 1, 2 and 3 of the staff report. DISCUSSION ON THE MOTION: David Peck said that after reviewing the materials and walking through the area, he was planning on supporting the applicant, but now that he has heard from the neighbors he is reconsidering. Trever McSpadden said he is sympathetic with the neighbors but the purview of this Commission is to look at the underlying growth policy designation and review applications against the criteria the state provides. Right or wrong, the growth policy has included this area within the community core. A B-3 zoning designation is appropriate for that land use designation. There are other stages of review pending here and there will be an opportunity to look at specific design elements later. Randy Wall spoke to the responsibility of the Zoning Commission. He feels B-3 is compatible with the underlying land use. From the 13 item checklist, he is struggling with items D., H., and M. He sees why the application is being made. A common thread of public comment is the issue of the library traffic and how there is only one exit west through South Wallace weaving through the neighborhood. The library is city property. If there is a traffic problem that exists from the library, he asked whether it is wise to move forward. Trever McSpadden said he has a hard time tying library traffic to this application at the zoning stage. An R-4 development proposal could have a fair bit of traffic as well. Traffic is a concern and will continue to be a concern. Due to that, some type of traffic analysis would likely be triggered along the way if it is warranted. 215 Page 6 of 8 Zoning Commission Minutes – July 17, 2012 Mr. Wall concurred with Mr. McSpadden. The Motion passed 3-0. Mr. McHarg announced that this application is scheduled for the August 6th City Commission meeting that starts at 6 p.m. 2. Zone Map Amendment Application #Z-12091 – (Kirk, Walker PUD) A Zone Map Amendment requested by the owner/applicant Roger S. Kirk, 11 Kean Dr., Bozeman, MT 59715 and C&H Engineering 1091 Stoneridge Dr., Bozeman, MT 59718, requesting to establish an urban zoning designation of R-1 (Residential Single-Household, Low Density District) on 1.92 acres in conjunction with annexation. The property is located on Gibson Drive and is legally describes as Lot 9, Block 1, Walker Property Subdivision PUD, Section 25, T1S, R5E, PMM, Gallatin County, Montana. (Skelton) Senior Planner Dave Skelton presented the staff report on this item. Mr. Skelton notified Commissioners that the first page of the memorandum refers to the requested zoning designation as RS. This should say R-1. The notices and the remainder of the report correctly says R-1. Mr. Skelton reported that the request for R-1 is consistent with the comprehensive plan. The proposal is to continue with the current land use restrictive covenants. Mr. Skelton provided historical information on this area. No public comment has been received. Staff and the Development Review Committee recommended approval on April 30, 2012 with contingencies listed in the staff report. The Applicant chose not to provide a presentation. Public Comment Commissioner Randy Wall called for public comment. Seeing none, he closed public comment. Randy Wall asked about a requirement by DEQ and DNRC that any additional development has to hook up to the public water system due to the plume. Mr. Skelton confirmed Mr. Wall’s statement that due to the plume related to the Bozeman Solvent Site that just reaches this area additional development would require hook up to the public water system. There are however some residential homes in the area that pre-dated the requirement and are on private well systems. MOTION: David Peck moved, Trever McSpadden seconded that after having heard the staff report and seeing that there is no public comment, the Zoning Commission hereby adopts the findings in the staff report and moves forward a recommendation of approval that text zone map amendment to Chapter 38 as included in the draft Ordinance and as requested in the application Z-12091. Trever McSpadden asked for clarification of the motion. David Peck verified the motion should be for a zone map amendment and not a text amendment as originally stated. 216 Page 7 of 8 Zoning Commission Minutes – July 17, 2012 DISCUSSION: Trever McSpadden referred to this as a ‘housekeeping’ item to get these properties annexed. This is obviously the recommended zoning designation for this area anyway. Tying these properties into city services is a good thing. Though they are not required to tie into city sewer, he stated he would hope that would be the eventual outcome. Vote on the motion. The motion passed 3-0. ITEM 5. NEW BUSINESS 1. City Commissioner Carson Taylor unavailable at July 31st meeting City Commissioner Carson Taylor thanked the Commissioners for their service and the knowledge they bring. He then informed them he will be unavailable for the next meeting on July 31st. Mr. Taylor said he has missed some of the Zoning Commission meetings and plans to attend more often in the future. Randy Wall acknowledged Commissioner Taylor for consistently showing up to the Design Review Board as the City Commission liaison. He emphasized the importance of the City Commission liaison relaying additional information that is not captured in the minutes to the City Commissioners during the public hearing. Trever McSpadden mentioned how great Tim McHarg is as well. 2. Tim McHarg referred to back to the first hearing this evening on Zone Map Amendment Application #Z-12122 Planning and Community Development Director Tim McHarg said that based on public comment received tonight, the planning department will do some additional research relative to the Wallace rezone. Specifically, they will look into the library relative to traffic, access and non- motorized access issues and what might be future plans of the library. They will also look into the background on the growth policy, future land use designation of community core and some clarity on when traffic studies are required. Tim McHarg said it is a good practice for Zoning Commissioners to call out specific criteria that Commissioners need to make affirmative findings for during the discussion. While not all of the criteria need to be mentioned, Mr. McHarg emphasized discussing any criteria that there may be questions or concerns about to ensure those questions and ensuing findings are part of the public record. Zoning Commissioners and staff discussed level of service standards for streets. Mr. McHarg said level of service standards are normally concentrated around performance of intersections. In this situation, he will speak with the city engineer and street superintendent to 217 Page 8 of 8 Zoning Commission Minutes – July 17, 2012 discuss how level of service standards would relate to a local street with relatively high intensity uses. Trever McSpadden referred to an experience where the County Commission made a discretionary call through a condition to request a traffic study per comments that had been made. Randy Wall said the public comments were similar to the restaurant that was proposed at the corner of Wallace and Peach relative to noise impacts from patrons. Mr. Wall asked about ways to quantify noise issues. Mr. McHarg spoke to the existing noise ordinance and referred to the ability of the police to enforce the noise ordinance. If we anticipate or know what those impacts might be conditions may help mitigation. This however cannot be handled at the Zoning level. ADJOURNMENT Seeing no further business before the Commission, Zoning Commissioner Randy Wall adjourned the meeting at approximately 7:55 p.m. 218 219 220 221 222 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Doug Riley, Associate Planner Tim McHarg, Planning Director SUBJECT: South Wallace Zone Map Amendment #Z-12122 MEETING DATE: August 6, 2012 AGENDA ITEM TYPE: Action (Legislative) RECOMMENDATION: The City Commission reviews the application materials, considers public comment and, as recommended in the staff report and by the Zoning Commission, approves the zone map amendment for B-3 with the 3 recommended contingencies listed on page 2 of the staff report. RECOMMENDED MOTION: Having reviewed the application materials, considered public comment, and considered all of the information presented, I hereby adopt the findings presented in the staff report for file #Z-12122 and move to approve the zone map amendment for B-3 with the 3 recommended contingencies listed on page 2 of the staff report. BACKGROUND: The property owner(s), Gallatin Seed Company Condominium Association and Olive & Wallace LLC, represented by Intrinsik Architecture, have made application to the Bozeman Department of Planning and Community Development for a Zone Map Amendment (ZMA) to rezone approximately 2.9 acres from R-4 (Residential High Density) to B-3 (Central Business District). The subject properties are located on South Wallace Avenue, in the vicinity of East Olive and East Curtiss Streets (immediately west of the Bozeman Public Library). The properties are more commonly known as the Gallatin Seed Company property located on the west side of South Wallace Avenue between East Olive Street and East Curtiss Street; the old Harrington’s building located on the east side of South Wallace Avenue and the vacant property immediately to its south. This rezoning application includes properties that have been historically used for commercial/industrial purposes as evidenced by the existing commercial buildings and uses. Complicating the continued use or redevelopment of these particular properties for commercial use is the fact that the properties are currently zoned R-4 (High Density Residential) thus making them largely non-conforming. Due to this fact, and with the desire of encouraging the expansion of the City’s Downtown area, the City amended its Growth Policy and Future Land Use Map in June, 2009 to recognize these properties, along with others, as part of the City’s “Community Core” designation, which correspond and support a rezoning to B-3 in order to facilitate their continued commercial use and/or redevelopment. 223 Due to the existing commercial nature of these properties and their proximity/adjacency to the City’s Downtown, this area of the City was also included within the City’s Downtown Improvement Plan (adopted on December 14, 2009), as part of its “East Gateway District”. The City’s B-3 zoning district also contains zoning incentives to foster or encourage development/redevelopment in the Community Core designation. This includes reduced setback requirements, increased height allowances and, as encouraged by the Downtown Improvement Plan, reduced parking requirements for B-3 properties. On June 20, 2012 the Development Review Committee (DRC) recommended approval of the application and their recommended contingencies are included on page 2 of the attached staff report. The Zoning Commission held a public hearing on July 17, 2012 to formally receive and review the application and all written and oral testimony on the proposal. The Zoning Commission voted 3-0 to recommend approval of the requested B-3 zoning to the City Commission. The Zoning Commission discussion and public comment received at the hearing are found in the attached minutes from their meeting, as well as the attached Zoning Commission Resolution. UNRESOLVED ISSUES: As indicated in the attached Zoning Commission minutes and the two submitted written comments, several persons in the surrounding neighborhood have expressed concerns with the rezoning of the subject property. The most common concerns relate to existing traffic on South Wallace, (largely in relation to the Library but also the potential addition of more traffic with this B-3 zoning proposal); existing and future parking congestion in the area; and the lack of a specific development plan for the vacant property that is part of the rezone. Staff would offer the following regarding these specific public comment items: Traffic on South Wallace in relation to the Library: While no specific traffic data exists, it is evident that a great deal of Library traffic currently enters and exits the facility via South Wallace. A portion of this traffic is likely due to the fact that the “pork chop” at the Main Street Library entrance eliminates west bound exits and west bound entrances off Main Street. Planning staff met with Engineering and Library staff following the Zoning Commission meeting and it was determined that the Montana Department of Transportation (MDT) has indicated that this “pork chop” could be removed by the City to not restrict these movements. (This may be a potential short term solution to alleviate a portion of the Library traffic using South Wallace). We have been advised that MDT will not provide funding for the removal of the “pork chop”. Also, when the Library site plan was designed, the traffic circle in front of the Library’s west entrance, (as developed and shown in the applicant’s provided aerial photograph), was envisioned to possibly connect to an extension of East Babcock Street to the west if and when the intervening (Empire Building Materials) property redeveloped of if the necessary property or right-of-way was ever acquired by the City. (This represents a potential long term solution to alleviate a significant portion of Library traffic using South Wallace). Another item discussed at the Zoning Commission meeting was at what threshold a traffic impact study would be required to be completed as part of future development/redevelopment of the properties included in the rezoning? While no clear threshold exists within the code (it is at the discretion of the City Engineer), staff would recommend and encourage the Commission to 224 support that any significant development or redevelopment applications of the subject properties (other than perhaps a reuse application) would require submittal of a traffic impact study. Existing and future parking congestion in the area: As the Commission has previously heard in testimony on the Cider House project on the corner of East Babcock and Wallace in July, the neighborhood has expressed concerns with parking congestion in this area; especially during community events staged at Bogert Park, Lindley Park, Peets Hill and/or the Bozeman Public Library. The neighbors indicated that this rezoning may only exacerbate this problem. Certainly any future development or redevelopment applications for the subject properties will be evaluated under current code standards for required off street parking. It is true that, as recommended in the Downtown Improvement Plan to promote Downtown development/redevelopment, the code was recently amended in order that “the first 3,000 square feet of a nonresidential building within the B-3 district is not required to provide parking.” Staff believes this was a very specific policy direction to foster Core (Downtown) area development/redevelopment as the requirement for surface parking adds significant costs to new development but it is also an effort to encourage multi-modal transportation downtown (biking, walking, etc.) and less reliance on the automobile to individual downtown businesses. It is also possible that a full build out of the subject properties to R-4 (e.g. Apartments) could also have very significant traffic and parking impacts in the area that may be more of a 24/7 nature. This item is also addressed under criteria B of the staff report. Whether there are any future operational changes regarding special events in this area that may help alleviate parking congestion is perhaps something that can be discussed by the Commission in a future policy meeting. The creation of additional pedestrian linkages (for example from the Library parking lot west across the subject properties as they may develop/redevelop) may also help to provide additional (conveniently accessible) parking for events like the Farmers Market. The lack of a specific development plan for the vacant property: As the Commission is aware, the City cannot condition a rezoning on a specific development plan. The City must review a rezone against the established State and Municipal Code criteria and largely determine that the range of uses permitted within the requested zoning district is appropriate in that location. Also, as any significant development or redevelopment proposal is presented in the future, the City’s notification processes will ensure the neighborhood is notified and has opportunity for review and comment. Future required review processes and compliance with adopted code standards specifically look at compatibility with surrounding land uses. Compatibility, as it relates to this rezone, is also addressed under criteria M of the staff report. ALTERNATIVES: 1) Approve the zone map amendment as recommended by Staff, the DRC and Zoning Commission. 2) Deny the zone amendment request and/or consider a zoning designation different than what has been requested by the applicants and continue the item for a minimum of one week to allow the applicant to consider their options and whether to protest the possible action (as required under 38.37.030.D.2 of the BMC). FISCAL EFFECTS: Rezoning the property will not have any immediate fiscal effects to the City. Future development/redevelopment of the properties under the requested B-3 zoning may increase tax values and corresponding revenue from the properties. 225 Attachments: Staff Report, Applicant’s submittal materials, Zoning Commission Resolution #Z- 12122, Zoning Commission Meeting Minutes 7-17-12, public comment Report compiled on: July 25, 2012 226 South Wallace ZMA Staff Report #Z-12122 Page 1 of 13 South Wallace Zone Map A mendment File # Z -12 122 Zoning Commission and City Commission Staff Report Item: Zoning Application #Z-12122 – An application to amend the City of Bozeman Zone Map to rezone approximately 2.9 acres from R-4 (Residential High Density District) to B-3 (Central Business District). Owners/Applicants: Gallatin Seed Company Condominium Association, PO Box 6429, Bozeman, MT 59771 Olive & Wallace LLC, 416 North Ida Avenue, Bozeman, MT 59715 Representative: Intrinsik Architecture, Inc., 416 North Tracy Avenue, Bozeman, MT 59715 Date/Time: Before the Bozeman Zoning Commission on Tuesday, July 17, 2012 at 6:00 PM in the Commission Meeting Room, City Hall, 121 North Rouse Avenue Bozeman, Montana; and before the Bozeman City Commission on Monday, August 6, 2012 at 6:00 PM in the Commission Meeting Room, City Hall, 121 North Rouse Avenue Bozeman, Montana Report By: Doug Riley, Associate Planner Recommendation: Approval of B-3 with contingencies LOCATION The subject properties are located on South Wallace Avenue, in the vicinity of East Olive and East Curtiss Streets (immediately west of the City Library). The properties are more commonly known as the Gallatin Seed Company property located on the west side of South Wallace Avenue between East Olive Street and East Curtiss Street; the old Harrington’s building located on the east side of South Wallace Avenue and the vacant property immediately to its south. The three combined properties are approximately 2.9 acres in size. The property(s) are generally legally described as: Lots 11-20, Block D, Rouse’s 2nd Add; Parcel 52-51-50-49-52 of COS No. 460; Amended Plat C-6-B: and Parcel A, Amended Plat C-6 located in the SE ¼ of Section 7, Township 2 South, Range 6 East, PMM, City of Bozeman, Gallatin County, Montana. Please refer to the vicinity map below and the aerial photo in the applicant’s submittal materials. 227 South Wallace ZMA Staff Report #Z-12122 Page 2 of 13 RECOMMENDED ZONING COMMISSION ACTION/MOTION: Having reviewed the application materials, considered public comment, and considered all of the information presented, I hereby adopt the findings presented in the staff report for application #Z- 12122 and move to recommend approval of the requested Zone Map Amendment to the City Commission with the following contingencies: 1. That all documents and exhibits necessary to rezone the property(s) shall be identified as the “South Wallace Zone Map Amendment”. 2. That the applicant submit a zone amendment map, titled “South Wallace Zone Map Amendment”, on a 24” by 36” mylar, 8 ½” by 11”, or 8 ½” by 14” paper exhibit, and a digital copy of the area to be zoned, acceptable to the Director of Public Service, which will be utilized in the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map. Said map shall contain a metes and bounds legal description of the perimeter of the subject property(s) and zoning districts, and total acreage of the property(s). 3. That the Ordinance for the Zone Map Amendment shall not be drafted until the applicant provides a metes and bounds legal description prepared by a licensed Montana surveyor and map of the area to be rezoned, which will be utilized in the preparation of the Ordinance to officially amend the zone map. PROPOSAL The property owner(s), Gallatin Seed Company Condominium Association and Olive & Wallace LLC, represented by Intrinsik Architecture, have made application to the Bozeman Department of Planning and Community Development for a Zone Map Amendment (ZMA) to rezone approximately 2.9 acres from R-4 (Residential High Density) to B-3 (Central Business District). The intent of the B-3 District is to provide a central area for the community’s business, government service and cultural activities. Uses within this district should be appropriate to such a focal center 228 South Wallace ZMA Staff Report #Z-12122 Page 3 of 13 with inappropriate uses being excluded. Room should be provided in appropriate areas for logical and planned expansion of the present district. a. It is the intent of this district to encourage high volume, pedestrian-oriented uses in ground floor space in the “core area” of the city’s central business district, i.e. along Main Street from Grand to Rouse and to the alleys one-half block north and south from Main Street. Lower volume pedestrian uses such as professional offices may locate on ground floor space in the B- 3 area outside the above-defined core. On June 20, 2012 the Development Review Committee (DRC) recommended approval of the application with the recommended contingencies included above. BACKGROUD This rezoning application includes properties that have been historically used for commercial/industrial purposes as evidenced by the existing commercial buildings and uses. Complicating the continued use or redevelopment of these particular properties for commercial use is the fact that the properties are currently zoned R-4 (High Density Residential) thus making them largely non-conforming. Due to this fact, and with the desire of encouraging the expansion of the City’s Downtown area, the City amended its Growth Policy and Future Land Use Map in June of 2009 to now recognize these properties, along with others, as part of the City’s “Community Core” designation, which correspond and support a rezoning to B-3 in order to facilitate their continued commercial use and/or re-development. Due to the existing commercial nature of these properties and their proximity/adjacency to the City’s Downtown, this area of the City was also included within the City’s new Downtown Improvement Plan boundaries (adopted on December 14, 2009), as part of its “East Gateway” District (see copy of map on page 6 of this report). The City’s B-3 zoning district also contains certain zoning incentives to foster or encourage development/redevelopment in the Community Core designation. This includes reduced setback requirements, increased height allowances and, as encouraged by the Downtown Improvement Plan, reduced parking requirements for B-3 properties. LAND CLASSIFICATION AND ZONING As previously indicated, the property on the west side of Wallace is currently used for commercial (office) purposes. The northern portion of the property located on the east side of Wallace has been historically used for a mix of retail/office/industrial uses while the southern portion of the property is vacant. The following existing land uses and zoning (as shown on the below zoning map) are adjacent to the subject property: North: (Across East Olive) Residential use and zoned R-2 (Residential Single and Two Family). North of East side of S. Wallace, commercial/warehouse use and zoned R-4. South: (Across East Curtiss) Residential use and zoned R-2. South of East side of S. Wallace, Library/Park property and zoned R-4. East: Library use and zoned R-4. West: (Across the Alley) Residential use and zoned R-2. 229 South Wallace ZMA Staff Report #Z-12122 Page 4 of 13 Existing Zoning and Future Land Use Maps 230 South Wallace ZMA Staff Report #Z-12122 Page 5 of 13 231 South Wallace ZMA Staff Report #Z-12122 Page 6 of 13 REVIEW CRITERIA The establishment of a zoning district is a legislative act to set policy relating to future development proposals. The Bozeman Planning Office has reviewed the application for a Zone Map Amendment against the Bozeman Community Plan, the City of Bozeman Unified Development Code (UDC), and the thirteen (13) criteria established in Section 76-2-304, Montana Codes Annotated, and as a result offer the following summary-review comments for consideration by the Zoning and City Commission. A. Be in accordance with a growth policy. Yes. The subject property is recognized as “Community Core” on Figure 3-1 Future Land Use Map of the Bozeman Community Plan as noted on the above map which corresponds to and supports the requested B-3 zoning district. The “Community Core” land use designation of the Bozeman Community Plan indicates that: “The traditional core of Bozeman is the historic downtown. This area has an extensive mutually supportive diversity of uses, a strong pedestrian and multi-modal transportation network, and a rich architectural character. Essential government services, places of public assembly, and open spaces provide the civic and social core of town. Residential development on upper floors is well established. New residential uses should be high density. The area along Main Street should be preserved as a place for high pedestrian activity uses, with strong pedestrian connectivity to other uses on nearby streets. Users are drawn from the entire planning area and beyond. The intensity of development is high with a Floor Area Ratio well over 1. Future development should continue to be intense while providing areas of transition to adjacent areas and preserving the historic character of Main Street.” Figure 3-1 (Future Lane Use Map) is not the only element of the growth policy which must be considered. There are many goals, objectives, and other text which must also be evaluated. While not every element will apply to every proposal, a broad evaluation of compliance is needed. A proposal Library Area of Subject Properties Downtown Improvement Plan East Gateway District 232 South Wallace ZMA Staff Report #Z-12122 Page 7 of 13 may comply with Figure 3-1 but not the other elements of the plan. To be in accordance with the growth policy compliance must be to both Figure 3-1 and the other plan elements. Supportive examples of applicable goals and objectives for this application include: Chapter 3 Land Use: Goal LU-2: Designate centers for commercial development rather than corridors to encourage cohesive neighborhood development in conjunction with non-motorized transportation options. Objective LU-2.3: Encourage redevelopment and intensification, especially with mixed uses, of brownfields and underutilized property within the City consistent with the City’s adopted standards. Using this approach rehabilitate corridor based commercial uses into a pattern more supportive of the principles supported by commercial centers. Goal LU-3: Strengthen the Historic Core of Bozeman to preserve the community character, economic resource, and historical connection represented by this area. As previously indicated, these properties are also located within the boundaries of the City’s “Downtown Bozeman Improvement Plan”, which is an adopted sub-area plan of the Bozeman Community Plan. Specific to this proposal, this plan indicates that “downtown revitalization requires property rehabilitation, new development, and injections of new capital…”. The plan also states that the area containing these properties is primarily denoted for Office/Mixed Use as part of the East Gateway District (as denoted on the above map). The Plan states that “the East Gateway is east of Rouse and centered around the library, grocery store, and Lindley Park. This district has properties that can be redeveloped to greater intensity, just as has already occurred on some. Care should be taken, however, not to attempt to extend the retailing too far east. The retail core is already long and there is evidence (closed stores and unleased space) that retail might not be the best ground floor use this far away from the core. Office space or professional services could be acceptable and still add to the vitality of downtown. There might be some pockets of retail, such as around the library, but the Main Street retail core should be kept compact and walkable. There might also be a major art feature that denotes the idea of “gateway.” One candidate location is the public space in front of the library. Table C-16 “Zoning Correlation with Land Use Categories” of the Bozeman Community Plan (as shown below), also indicates that the B-3 District is the appropriate zoning designation within the “Community Core” Future Land Use Designation. 233 South Wallace ZMA Staff Report #Z-12122 Page 8 of 13 In considering the appropriateness of a particular zoning district for a site, it is appropriate to consider what district will most fully advance the community plan goals and aspirations. As a zone map amendment is a legislative, not quasi-judicial, matter the City has broad discretion to decide the course considered most suitable. B. The effect on motorized and non-motorized transportation systems. Neutral. As these properties have been historically used for a variety of commercial uses over the years, the effect on motorized and non-motorized transportation systems are not expected to be immediately impacted. Future development/redevelopment will be evaluated against current City standards in terms of streets, parking, etc. to make sure these systems are adequate to accommodate any future development or redevelopment applications. This is an area of the City where some of the nearby residential landowners have previously expressed concerns regarding on-street parking conditions/congestion. However, as identified in Guiding Principle #5 of the Downtown Improvement Plan “Parking should not govern development potential; the amount of parking relative to development should decrease.” It is with this philosophy that the UDC was recently amended to allow the first 3,000 square feet of non-residential development within the B-3 District to be exempt from providing off-street parking. This is an implementation/incentive effort to foster development/redevelopment in the Core area as the requirement for surface parking adds significant 234 South Wallace ZMA Staff Report #Z-12122 Page 9 of 13 costs to new development but it is also an effort to encourage multi-modal transportation downtown (biking, walking, etc.) and less reliance on the automobile to individual downtown destinations. C. Secure safety from fire, panic, and other dangers. Yes. The regulatory provisions established in all of the zoning designations, in conjunction with provisions for adequate transportation facilities, properly designed water mains and fire service lines and adequate emergency exits/escapes, will address safety concerns with any future development/redevelopment of the subject properties. Per Article 1 of the UDC, the City of Bozeman has the authority and power to require more stringent standards than the minimum requirements if it ensures the best service in the public interest. D. Promote public health, public safety, and general welfare. Yes. The regulatory provisions established through the City’s municipal code under Chapter 38, Unified Development Code (UDC), BMC, will adequately address the issues of health and general welfare as part of any further development or re-development of the subject properties. E. Reasonable provision of adequate light and air. Yes. The regulatory standards set forth in the City of Bozeman UDC for the requested “B-3” zoning district provides the necessary provisions (i.e., setbacks, lot coverage, open space and building heights), which are intended to provide for adequate light and air for any proposed development on the subject properties. These factors will also be evaluated as part of any future development or re- development of the subject properties. F. Prevention of overcrowding of land. Yes. The proposed B-3 District includes provisions to prevent the overcrowding of land. If any residential uses are proposed for the subject properties, corresponding parking and open space is required. Specific regulatory/development and building code standards should prevent the overcrowding of land, and maintain compatibility with the character of the surrounding area. G. Avoiding undue concentration of population. Yes. The B-3 District is designed primarily for commercial uses rather than residential uses as noted in the table of permitted uses attached to the end of this report. Also, all of the City’s zoning districts and corresponding development standards and review procedures help to assure any undue concentration of population in relation to available infrastructure and services. H. Facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. Yes. As noted previously the properties have been historically used for commercial purposes. Any future development/redevelopment of the subject properties will be evaluated against available infrastructure and public services to serve the respective uses. I. Conserving the value of buildings. Yes. The existing buildings on the subject properties have been historically utilized for commercial purposes. The rezoning of the subject properties to B-3 will remove their non-conforming status and allow their value to be conserved and enhanced through the re-development incentives that the B-3 zoning district provides. J. Character of the district. Yes. As the subject properties have historically been used for commercial purposes, the character of the district is not envisioned to be significantly altered. In fact, the B-3 zoning will encourage the development/redevelopment of the subject properties for commercial uses that have been identified by 235 South Wallace ZMA Staff Report #Z-12122 Page 10 of 13 the City’s Growth Policy and Downtown Improvement Plan for enhancement and renewed connection to the City’s Downtown Core area. As stated in the intent section of the B-3 District, “room should be provided in appropriate areas for logical and planned expansion of the present district”. While there are adjacent (across the streets or alley) residential uses to the subject properties on the west side of Wallace Street, further development or redevelopment of the subject properties will be evaluated as part of those respective future applications (e.g. site plans, etc.) for compatibility with the district and adjacent land uses. K. Peculiar suitability for particular uses. Yes. The proposed zone map amendment provides reasonable consideration to the character of the district by maintaining the current land use patterns in the immediate area. The properties have been historically used for commercial uses already and this rezoning would allow for continued development/redevelopment that would best take advantage of the existing infrastructure (e.g. streets, sewer, water, etc.) available to the properties. L. Encourage the most appropriate use of land throughout the jurisdictional area. Yes. The City, through its Growth Policy and Downtown Improvement Planning efforts have identified that these properties are appropriate for B-3 zoning and associated uses. The requested B-3 zoning is supported by the overall intent of the growth policy in regards to encouraging infill development and the establishment of urban density. M. Promotion of Compatible Urban Growth. Yes. The adopted growth policy is the means by which land use patterns are evaluated and locations for appropriate uses are assigned in a broad fashion. To guide this evaluation, the Bozeman Community Plan (growth policy) provides several guiding ideas and principles for the physical development of the City as discussed in Item “A” above. Development consistent with these ideals and principles are more likely to be compatible with adjacent development both within and outside of the City limits. Section 38.10.010. A. (Intent and Purpose Section for the Commercial Zoning Districts) of the UDC also indicates that “there is a rebuttable presumption that the uses set forth for each district will be compatible with each other both within the individual districts and adjoining zoning districts when the standards of this chapter are met and any applicable conditions of approval have been satisfied.” PUBLIC COMMENT As of the writing of this staff report, the City of Bozeman Department of Planning and Community Development has not received any written public testimony on this item. Any written comments received by the Planning Office following completion of the respective review packets will be forwarded to the Zoning Commission and City Commission during the public hearings. SUMMARY & CONCLUSION The Department of Planning and Community Development and the Development Review Committee, have reviewed the proposed Zone Map Amendment application and have provided summary review comments as outlined above in the staff report; and as a result, recommend approval of the application with contingencies. The recommendation of the Bozeman Zoning Commission will be forwarded to the Bozeman City Commission for consideration at its public hearing scheduled for Monday, August 6, 2012. The City Commission will make the final decision on the application. IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 20% OR MORE OF THE LOTS IMMEDIATELY ADJACENT TO OR WITHIN 150 236 South Wallace ZMA Staff Report #Z-12122 Page 11 of 13 FEET FROM THE STREET FRONTAGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. REPORT SENT TO Gallatin Seed Company Condominium Association, PO Box 6429, Bozeman, MT 59771 Olive & Wallace LLC, 416 North Ida Avenue, Bozeman, MT 59715 Intrinsik Architecture, Inc., 416 North Tracy Avenue, Bozeman, MT 59715 ATTACHMENTS Table 38.10.020 of UDC (Table of Commercial Uses) Applicant’s submittal materials 237 South Wallace ZMA Staff Report #Z-12122 Page 12 of 13 Table 38.10.020 – Table of Commercial Uses Table of Commercial Uses Authorized Uses B-1 B-2 B-3 Ambulance service — P P Apartments and apartment buildings6, as defined in this chapter P P1/C P3 Arts and entertainment center, as defined in this chapter P P P Assisted living/elderly care facilities — C — Automobile fuel sales or repair, as defined in this chapter C C C Automobile parking lot or garage (public or private) P P P Automobile washing establishment C P C Banks and other financial institutions P P P Business, technical or vocational school — C P3 Bus terminals — C C Community centers P P P3 Convenience uses C P C Convenience use restaurant P P P Day care centers P P P Essential services (Type I) P P P Essential services (Type II) — P P Extended-stay lodgings — P P Food processing facilities — C — Frozen food storage and locker rental — P — Health and exercise establishments P1/C P P Hospitals — P C Hotel or motel — P P Laboratories, research and diagnostic — P P3 Laundry, dry cleaning — C C Light goods repair, as defined in this chapter — C A Lodginghouses — C C3 Manufacturing, light and completely indoors — C — Mortuary — C C Museum — C C Medical and dental clinics P1/C P P Meeting hall — P P Offices, as defined in this chapter P1/C P P3 Other buildings and structures typically accessory to permitted uses A A A Parking facilities P P P3 Personal and convenience services, as defined in this chapter P P P Pet grooming shop P P P Printing offices and publishing establishments — — C 238 South Wallace ZMA Staff Report #Z-12122 Page 13 of 13 Private club, fraternity, sorority or lodge — P P Public buildings P P P Refuse and recycling containers A A A Research laboratories — P P Restaurants P5 P P Retail uses, as defined in this chapter P2 P2 P2 Retail, large scale — P — Sales of alcohol for on-premises consumption7, C C C Sign paint shops (not including neon sign fabrication) — P C Upholstery shops (excluding on site upholstery service for cars, boats, trailers, trucks and other motorized vehicles requiring overnight storage) — P P3 Veterinary clinic — C — Wholesale distributors with on-premises retail outlets, providing warehousing is limited to commodities which are sold on the premises — C — Wholesale establishments that use samples, but do not stock on premises — P P Any use, except adult businesses and casinos approved as part of a planned unit development subject to the provisions of article 20 of this chapter C C C Notes: 1When located on the second or subsequent floor, or basement as defined in article 42 of this chapter. 2Excluding adult businesses, and large scale retail, as they are defined in article 42 of this chapter. 3Except on ground floor in the core area as defined in this article. 4Private arts instruction shall only be on the second or subsequent floor in the core area as defined in this article. 5Exclusive of drive-ins. 6May be subject to the provisions of chapter 10, article 8. 7Also subject to chapter 4, article 2. 239 South Wallace ZMA 1 RESOLUTION #Z-12122 RESOLUTION OF THE CITY OF BOZEMAN ZONING COMMISSION RECOMMENDING APPROVAL OF AN APPLICATION TO AMEND THE CITY OF BOZEMAN ZONING MAP TO REZONE APPROXIMATELY 2.9 ACRES FROM R-4 (RESIDENTIAL HIGH DENSITY DISTRICT) TO B-3 (CENTRAL BUSINESS DISTRICT) ON 2.9+- ACRES OF PROPERTY WHICH IS GENERALLY DESCRIBED AS LOTS 11-20, BLOCK D, ROUSES’S 2ND ADD; PARCEL 52-51-50-49-52 OF COS NO. 460; AMENDED PLAT C-6-B; AND PARCEL A, AMENDED PLAT C-6 LOCATED IN THE SE ¼ OF SECTION 7, TOWNSHIP 2 SOUTH, RANGE 6 EAST, PMM, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map pursuant to Sections 76-2-301 and 76-2-302, M.C.A.; and WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning maps if a public hearing is held and official notice is provided; and WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct a public hearing and submit a report to the City Commission for all zoning map amendment requests; and WHEREAS, the City of Bozeman Zoning Commission has been created by Resolution of the Bozeman City Commission as provided for in Section 76-2-307, M.C.A.; and WHEREAS, Chapter 38, Article 37 of the Bozeman Unified Development Code sets forth the procedures and review criteria for zoning map amendments; and WHEREAS, property owners Gallatin Seed Company Condominium Association and Olive & Wallace LLC, through their representative Intrinsik Architecture, applied for a zoning map amendment, pursuant to Chapter 38, Article 37 of the Bozeman Unified Development Code, to amend the Bozeman zoning map to rezone approximately 2.9 acres from R-4 (Residential High Density District) to B-3 (Central Business District); and WHEREAS, the proposed zoning map amendment request has been properly submitted, reviewed and advertised in accordance with the procedures set forth in Chapter 38, Article 37 of the Bozeman Unified Development Code and Title 76, Chapter 2, Part 3, M.C.A.; and WHEREAS, the City of Bozeman Zoning Commission held a public hearing on July 17, 2012, to formally receive and review all written and oral testimony on the proposed zoning map amendment; and 240 South Wallace ZMA 2 WHEREAS, one public comment letter was received offering reserved support for the rezoning and one e-mail public comment was received relaying concerns regarding existing parking and traffic volumes in the neighborhood; and WHEREAS, 4 persons expressed public comment at the public hearing in regards to traffic concerns on South Wallace, poor traffic planning on the part of the library development, existing and future parking congestion, the lack of a specific development plan for the vacant property, potential future building heights and future impacts from B-3 development; and WHEREAS, the City of Bozeman Zoning Commission finds that the proposed zoning map amendment generally complies with the thirteen criteria for consideration established in Chapter 38, Article 37 of the Bozeman Unified Development Code; NOW, THEREFORE, BE IT RESOLVED that the City of Bozeman Zoning Commission, on a 3-0 vote, officially recommends to the Bozeman City Commission approval of zoning application #Z-12122 to amend the Bozeman zoning map to rezone approximately 2.9 acres from R-4 (Residential High Density District) to B-3 (Central Business District) which is generally legally described as: Lots 11-20, Block D, Rouse’s 2nd Add; Parcel 52-51-50-49-52 of COS No. 460; Amended Plat C-6-B: and Parcel A, Amended Plat C-6 located in the SE ¼ of Section 7, Township 2 South, Range 6 East, PMM, City of Bozeman, Gallatin County, Montana. DATED THIS DAY OF , 2012, Resolution #Z-12122 _____________________________ ____________________________ Doug Riley, Associate Planner Randy Wall, Vice Chairperson Dept. of Planning & Community Development City of Bozeman Zoning Commission 241 Page 1 of 6 Zoning Commission Minutes – July 17, 2012 ZONING COMMISSION MINUTES TUESDAY, JULY 17, 2012 ITEM 1. CALL TO ORDER AND ATTENDANCE Vice-Chairperson Randy Wall called the meeting to order at 6 p.m. and ordered the Recording Secretary to take attendance. Members Present: Randy Wall, Vice Chairperson Trever McSpadden David Peck City Commission Liaison: Carson Taylor Members Absent: Erik Garberg Nathan Minnick Staff Present: Doug Riley, Associate Planner Tim McHarg, Director of Planning and Community Development Dave Skelton (Senior Planner) Guests Present: Katherine Ball Jim Cannata Julie and Steve Shea Susan Riggs, Intrinsik Architecture ITEM 2. PUBLIC COMMENT {Limited to any public matter within the jurisdiction of the Zoning Commission and not scheduled on this agenda. Three-minute time limit per speaker.} Seeing there was no general public comment forthcoming, Vice Chairperson Wall closed this portion of the meeting. ITEM 3. MINUTES OF JUNE 5, 2012 The minutes of June 5, 2012 were approved without amendments. ITEM 4. PROJECT REVIEW 1. Zone Map Amendment Application #Z-12122 – (South Wallace ~200 Block) A Zone Map Amendment requested by the owners Gallatin Seed Company Condominium Association, P.O. Box 6429, Bozeman, MT 59771 and Olive & Wallace, LLC, 416 N. Ida Ave., Bozeman, MT 242 Page 2 of 6 Zoning Commission Minutes – July 17, 2012 59715 and representatives Intrinsik Architecture, Inc., 111 N. Tracy Ave., Bozeman, MT 59715 and Rocky Mountain Engineers, 1700 W. Koch St., Bozeman, MT 59715 requesting to change the urban zoning designation from R-4 (Residential High Density District) to B-3 (Central Business District) on 2.8751 acres. The property is located at ~ the 200 block of South Wallace Avenue and is legally described as Rouse’s 2nd Addition, Block D, Lots 11-20, Section 7, T2S, R6E, PMM, Gallatin County, City of Bozeman, Montana. (Riley) Associate Planner Doug Riley presented the Staff Report. The primary purpose of this zone map amendment is to bring the subject property into conformance as it currently has non-conforming uses and encouragement of the Growth Policy as part of the Downtown District. Mr. Riley went into detail regarding details within the growth policy as it relates to this property. Mr. Riley reported that one public comment letter had been received offering reserved support for the requested B-3 zoning and a second public (e-mail) comment relaying concerns regarding existing parking and traffic volumes in the neighborhood. Mr. Riley explained that neighbors would be notified if there were any future redevelopment plans on the site. The applicants do not have any immediate plans for redevelopment. City staff is recommending approval of this application with 3 contingencies listed on page 2 of the staff report. Randy Wall asked questions about the boundaries for the East Gateway District on the Downtown Improvement Plan and the Downtown Core map. Mr. Riley spoke to the maps presented and answered that this property is located within the community core area. Randy Wall asked whether residential use is allowed in the B-3 District. Mr. Riley referred to the table of uses and said apartments/condos are allowed. Randy Wall confirmed with staff that the Residential Emphasis Mixed Use (REMU) Zoning District has been created and adopted. Randy Wall confirmed that downtown is primarily B-3 and that B-3 promotes mixed use. Applicant Presentation Susan Riggs with Intrinsik Architecture explained they are representing Olive and Wallace LLC and the Gallatin Valley Seed Company Condominium Association. Ms. Riggs feels this application is very straight forward and as explained would bring the property into conformity. Approval of B-3 will open the opportunity for infill, improvements to the South Wallace streetscape and buildings. Preliminary analysis of the site has been completed. They have had several public outreach events, with the main concerns raised being future development, parking issues, traffic concerns and pedestrian safety issues on Wallace. Mr. Peck asked about the concerns raised in the neighborhood outreach events and whether R-4 zoning was compared. He then asked what the vision is for development of the vacant parcel. Ms. Riggs explained that preliminary ideas include a two story office building with the bottom layer being built as parking. Randy Wall asked about the technical assistance grants that Intrinsik has applied for and then asked what the parking problems are. 243 Page 3 of 6 Zoning Commission Minutes – July 17, 2012 Ms. Riggs explained that they applied for grants from the Downtown Improvement District. She further explained the existing parking in the front of Harrington’s encroaches into the right of way and there is no sidewalk. On the south of the site there could be parking solutions as well as possibilities of working with the library to create more parking. Peak hours such as during Farmer’s Markets and library events are the main issue with parking. PUBLIC COMMENT Jim Cannata of 121 South Wallace, looks right into the side of the seed company and said South Wallace is not a local dead end and that the traffic is consistent. He questions the effect on the traffic and said his real concern is the possibility of a high profile building in place of the seed company that would block the sun on his property. Julie Shea, co-owner of the property on 309 South Wallace confirmed that the Commission received a letter from Ryan Hamilton. She then said she feels this process puts the cart before the horse as they do not know what will happen on the property and the vacant lot. The poor traffic planning has been a problem since the library opened and has had a high impact. Mr. Wall asked Ms. Shea whether or not she supports the rezone. Ms. Shea said she was originally neutral until she looked into the difference between R-4 and B- 3 and she does not have enough information to support the rezone as she does not know what will really happen on the vacant property. Steve Shea, co-owner of 309 South Wallace spoke regarding the lack of a solid plan prior to the change in zoning. Mr. Wall said a zone change can be based upon the underlying land use. Right now there are uses on the property that are not consistent with the zoning. Mr. Shea referred to a proposal shown by Intrinsik at the community meeting last night saying it was a nice design, but is just a picture and is not something that has been approved. The frustration and fear is that the impact to the neighborhood is unknown. He feels residential homeowners are held to a higher standard than commercial owners and he does not feel that is fair. He says the city had poor planning on ingress and egress to the library. He spoke regarding traffic congestion during Farmer’s Market and the difficulties with evacuating the library. He also spoke regarding the lack of sidewalk or crosswalk on the south side of Wallace. He feels those issues should be looked into. Carson Taylor, City Commission liaison said that some of the issues raised are city issues with the library. Commissioner Taylor spoke to the public comment regarding the distinction between a private resident changing zoning and this situation. Mr. Shea spoke again about the poor traffic flow. David Peck spoke to commercial development being held to the same standard as residential 244 Page 4 of 6 Zoning Commission Minutes – July 17, 2012 development. Katherine Ball of 323 South Wallace said she and her husband have owned the property since 1992 and have seen a lot of changes and constant construction. She has been pleased with a lot of the development that has taken place and understands the applicant wanting to comply with the growth plans. Her concerns relate to the guidelines for historic preservation in the neighborhood overlay district which she has heard will help protect the neighborhood from many of the impacts that they worry about. She asked whether this is true or will they be subject to the whim of the City Commission at the time of development. She witnessed the approval of the Cider House on Babcock and South Wallace and said because that property was located in B-3 zoning they were not required to have parking. The Commission has set precedence with that. She is concerned about the possible impacts and risks to the neighborhood if anything that is allowed in B-3 is allowed here. There are really big issues with the library that the neighbors have been continually dealing with. Most of the 1,300 visitors a day come in and out of the library using South Wallace; a dead end, local street. She referred to the possibility of a 70 foot wall of buildings being allowed in B-3. According to city plans, downtown should maintain the current height but further out the height should increase. She does not get the sense there will be protection for the neighborhood. She is concerned about what will create a buffer between commercial and residential. She is worried about noise, waste disposal, loud air conditioning unit noise and late night bar and restaurant users. She said the ridge above this area creates a noise amplifier. She would like to know if the applicants can continue their current use without the zoning change and questioned whether the growth policy may be incorrect as the infrastructure has not been dealt with in this area. She does not support the rezone at this time because of the potential zoning impacts of B-3. Seeing no further public comment, Randy Wall closed public comment. Applicant Rebuttal Ms. Riggs clarified the city planning process explaining that after a zone map amendment application, they would need to go before the planning department with another type of application to propose more specifically how they are addressing parking, neighborhood compatibility, etc., and would have to submit a floor plan and building elevations as well as going before the building department for permits. They are looking at the project comprehensively including looking at improving pedestrian travel and the possibility of shared parking with the library or the possibility of some type of corridor where there is currently a dilapidated shed. Mr. Peck asked about uses within an R-4 district as related to noise. Tim McHarg, Director of Planning and Community Development explained restaurants and other commercial uses would not be allowed in R-4. Mr. Peck referred to the neighbors concerns about noise nuisance. Randy Wall asked what the height limitations are in R-4 and B-3 zoning. 245 Page 5 of 6 Zoning Commission Minutes – July 17, 2012 Mr. McHarg explained that R-4 is a range based on the pitch of the roof and that within B-3 outside of the core the height restriction is 70 feet. Trever McSpadden asked for clarification on parking exceptions for B-3. Mr. McHarg said that within the last two years to implement the downtown plan, several parking reductions are now permitted within the B-3 district. One is that the first 3,000 square feet of floor area is exempt from onsite parking requirements. This was referenced in the Cider House project. Mr. McSpadden clarified that at the redevelopment stage, there are parking and traffic considerations as part of the process. Mr. McHarg spoke to how all the pieces of the development regulations work together, making it exceedingly unlikely that a 70 foot building could be located on this site. MOTION: Trever McSpadden moved, David Peck seconded, that having reviewed the application materials, considered public comment and considered all the information presented, I hereby adopt the findings presented in the staff report for application Z-12122 and move to recommend approval of the requested zone map amendment to the City Commission with the contingencies listed as 1, 2 and 3 of the staff report. DISCUSSION ON THE MOTION: David Peck said that after reviewing the materials and walking through the area, he was planning on supporting the applicant, but now that he has heard from the neighbors he is reconsidering. Trever McSpadden said he is sympathetic with the neighbors but the purview of this Commission is to look at the underlying growth policy designation and review applications against the criteria the state provides. Right or wrong, the growth policy has included this area within the community core. A B-3 zoning designation is appropriate for that land use designation. There are other stages of review pending here and there will be an opportunity to look at specific design elements later. Randy Wall spoke to the responsibility of the Zoning Commission. He feels B-3 is compatible with the underlying land use. From the 13 item checklist, he is struggling with items D., H., and M. He sees why the application is being made. A common thread of public comment is the issue of the library traffic and how there is only one exit west through South Wallace weaving through the neighborhood. The library is city property. If there is a traffic problem that exists from the library, he asked whether it is wise to move forward. Trever McSpadden said he has a hard time tying library traffic to this application at the zoning stage. An R-4 development proposal could have a fair bit of traffic as well. Traffic is a concern and will continue to be a concern. Due to that, some type of traffic analysis would likely be triggered along the way if it is warranted. 246 Page 6 of 6 Zoning Commission Minutes – July 17, 2012 Mr. Wall concurred with Mr. McSpadden. The Motion passed 3-0. Mr. McHarg announced that this application is scheduled for the August 6th City Commission meeting that starts at 6 p.m. …………… 1. Tim McHarg referred to back to the first hearing this evening on Zone Map Amendment Application #Z-12122 Planning and Community Development Director Tim McHarg said that based on public comment received tonight, the planning department will do some additional research relative to the Wallace rezone. Specifically, they will look into the library relative to traffic, access and non- motorized access issues and what might be future plans of the library. They will also look into the background on the growth policy, future land use designation of community core and some clarity on when traffic studies are required. Tim McHarg said it is a good practice for Zoning Commissioners to call out specific criteria that Commissioners need to make affirmative findings for during the discussion. While not all of the criteria need to be mentioned, Mr. McHarg emphasized discussing any criteria that there may be questions or concerns about to ensure those questions and ensuing findings are part of the public record. Zoning Commissioners and staff discussed level of service standards for streets. Mr. McHarg said level of service standards are normally concentrated around performance of intersections. In this situation, he will speak with the city engineer and street superintendent to discuss how level of service standards would relate to a local street with relatively high intensity uses. Trever McSpadden referred to an experience where the County Commission made a discretionary call through a condition to request a traffic study per comments that had been made. Randy Wall said the public comments were similar to the restaurant that was proposed at the corner of Wallace and Peach relative to noise impacts from patrons. Mr. Wall asked about ways to quantify noise issues. Mr. McHarg spoke to the existing noise ordinance and referred to the ability of the police to enforce the noise ordinance. If we anticipate or know what those impacts might be conditions may help mitigation. This however cannot be handled at the Zoning level. ADJOURNMENT Seeing no further business before the Commission, Zoning Commissioner Randy Wall adjourned the meeting at approximately 7:55 p.m. 247 248 249 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Allyson Bristor, Associate Planner Tim McHarg, Planning and Community Development Director SUBJECT: Fresco Café Creekside On-Premise Consumption of Alcohol Conditional Use Permit and Certificate of Appropriateness, File #Z-12150 MEETING DATE: August 6, 2012 AGENDA ITEM TYPE: Action Item (Quasi-Judicial) RECOMMENDATION: Conditional approval of a Conditional Use Permit and Certificate of Appropriateness (CUP/COA) application to allow a tenant space to change from warehouse use to restaurant use with associated site improvements at the building addressed as 317 East Mendenhall Street. RECOMMENDED MOTION: “Having reviewed the application materials, heard public comment, and considered all of the information presented, I move to approve the Fresco Café Creekside Conditional Use Permit and Certificate of Appropriateness application No. Z-12150, incorporating by reference the findings included in the staff memo and the staff recommended conditions.” BACKGROUND: An application was submitted to the Department of Planning & Community Development requesting a Conditional Use Permit (CUP) and Certificate of Appropriateness (COA) for the property located at 317 East Mendenhall Street. An existing commercial structure exists on the site that is currently being used as office and warehouse. The CUP/COA application is requesting a tenant space in the building to change from warehouse use to restaurant use. The conditional use permit is required for sale of alcohol for on-premise consumption, and the certificate of appropriateness is required for proposed exterior alterations, including the addition of exterior building lights, awnings and other site improvements. The restaurant business will have seating both inside and outside of the building, which will be included in service area for sale of alcohol for on-premise consumption. Bozeman Creek is directly adjacent to this property. It runs along the west perimeter of the property. Due to the proximity of the creek, the applicant has to identify the floodplain area on the property. Depending on the level of the base flood level and the new floor level of the proposed restaurant, which will be reviewed by the Engineering Department, certain conditions may apply to the development. 250 On July 19, 2012, the Development Review Committee recommended conditional approval of this CUP/COA application and their recommended conditions, code citations and comments are included in the attached staff report. The City will require proof of alcohol license approval from the Montana Department of Revenue prior to the restaurant’s final occupancy of the building. UNRESOLVED ISSUES: None at this time. ALTERNATIVES: Alternative actions for the City Commission to consider relative to this item include the following: 1. As recommended, approve the Conditional Use Permit and Certificate of Appropriateness (CUP/COA) application subject to the staff recommended conditions. 2. Approve the Conditional Use Permit and Certificate of Appropriateness (CUP/COA) application subject to revised conditions. 3. Deny the Conditional Use Permit and Certificate of Appropriateness (CUP/COA) application based on findings that the proposal does not comply with the applicable criteria and standards of the UDC. 4. Continue Conditional Use Permit and Certificate of Appropriateness (CUP/COA) application with specific direction for additional information to Staff and/or the applicant. FISCAL EFFECTS: None identified. Attachments: Staff Report Application Materials Report compiled on: July 25, 2012 251 #Z-12150 Fresco Café Creekside/On Premise Alcohol Consumption CUP/COA Staff Report 1 City Commission Staff Report for the Fresco Café Creekside/On-Premise Consumption of Alcohol CUP/COA File #Z-12150 Item: A Conditional Use Permit and Certificate of Appropriateness application to allow a tenant space to change from warehouse use to restaurant use at the building addressed as 317 East Mendenhall Street. The conditional use permit is required for sale of alcohol for on-premise consumption, and the certificate of appropriateness is required for proposed exterior alterations, including the addition of exterior building lights, awnings and other site improvements. Property Owners: Everett and Marla Cope, 416 North 23rd Avenue, Bozeman, MT 59715 Applicant: Fresco Café Inc., c/o William Neubauer, 200 North 7th Avenue, Bozeman, MT 59715 Representative: Mark Weirich, 416 West Koch Street, Bozeman, MT 59715 Date: City Commission Meeting on Monday, August 6, 2012 at 6:00 p.m., in the City Commission Meeting Room, Bozeman City Hall, 121 North Rouse Avenue, Bozeman, Montana. Report By: Allyson Bristor, Associate Planner Recommendation: Conditional Approval ____________________________________________________________________________________ Project Location The subject property is addressed as 317 East Mendenhall Street and is legally described as Lots 14, 15 and 16, Block I, Original Townsite, City of Bozeman, Gallatin County, Montana and is within the boundaries of the Neighborhood Conservation Overlay District. The property is zoned B-3 (Central Business District). Please see map below. 252 #Z-12150 Fresco Café Creekside/On Premise Alcohol Consumption CUP/COA Staff Report 2 Proposal An application was submitted to the Department of Planning & Community Development requesting a Conditional Use Permit (CUP) and Certificate of Appropriateness (COA) for the property located at 317 East Mendenhall Street. An existing commercial structure exists on the site that is currently being used as office and warehouse. The CUP/COA application is requesting a tenant space in the building to change from warehouse use to restaurant use. The conditional use permit is required for sale of alcohol for on-premise consumption, and the certificate of appropriateness is required for proposed exterior alterations, including the addition of exterior building lights, awnings and other site improvements. The restaurant business will have seating both inside and outside of the building, which will be included in service area for sale of alcohol for on-premise consumption. Bozeman Creek is directly adjacent to this property. It runs along the west perimeter of the property. Due to the proximity of the creek, the applicant has to identify the floodplain area on the property. Depending on the level of the base flood level and the new floor level of the proposed restaurant, which will be reviewed by the Engineering Department, certain conditions may apply to the development. On July 19, 2012, the Development Review Committee recommended conditional approval of this CUP/COA application and their recommended conditions, code citations and comments are included in this report. The City will require proof of alcohol license approval from the Montana Department of Revenue prior to the restaurant’s final occupancy of the building. Recommended Conditions of Approval Based on the subsequent analysis, the Development Review Committee and Planning Staff find that the application, with conditions and code provisions, is in general compliance with the adopted Growth Policy and the City of Bozeman Unified Development Code. The following conditions of approval are recommended. Please note that these conditions are in addition to the required code provisions beginning on page 6 of this report. Recommended Conditions of Approval Planning Department Recommended Conditions: 1. The existing asphalt area shall no longer be used for parking. All painted lines indicating parking spaces shall be removed from the asphalt, as well as any related signage. 2. The existing asphalt area shall be identified as a “loading/unloading area” on the site plan drawings. Appropriate signage shall be installed on site to indicate the “loading/unloading area.” All “loading/unloading” signage shall be shown on the site plan drawings. 3. Removable bollards shall be added at the front property line within the existing drive aisle. The design and location of the bollards shall be indicated on the site plan drawings. 4. A comprehensive sign plan shall be submitted for the building. The amount of sign square footage permitted for each tenant space shall be identified in the comprehensive sign plan, as well as general design guidelines (type of mounting, type of materials, etc.). 5. A Sign Permit/Certificate of Appropriateness application shall be reviewed and approved by the Planning Department prior to the construction and installation of any on-site signage affiliated with building tenants. This may be done in conjunction with the Final Site Plan application. 6. The location and design of the required bike parking shall be shown on the site plan drawings. 7. The material of the proposed windows and doors shall be noted on the site plan drawings. 253 #Z-12150 Fresco Café Creekside/On Premise Alcohol Consumption CUP/COA Staff Report 3 8. The proposed design of the exterior lights shall be revised to be full cut-off fixtures and shall be revised on the site plan drawings. 9. Revised parking calculations shall be added to the site plan drawings and shall include all applicable reductions available to properties in the B-3 zoning district. When calculating parking, the building is considered to have 5.2 spaces through the Downtown Parking Special Improvement District. These spaces can be considered an initial parking balance for the building. The new use shall demonstrate to provide adequate parking. 10. A trash dumpster location shall be shown on the site plan drawings and is subject to approval by the City’s Sanitation Department. 11. All mechanical equipment added to the building for the new restaurant use, whether building or roof mounted, must be completely screened. Any proposed mechanical equipment screening shall be shown on the site plan drawings. 12. Pedestrian amenities shall be added to the asphalt area, such as benches, planter boxes, etc. to help encourage use of the area as a place to enjoy the proximity of Bozeman Creek. All amenities shall be shown on the site plan drawings. 13. Alcohol shall only be served within the serving spaces of the building and roof deck patio as shown on the submitted floor plans in this application. Alcohol shall not be served on the surrounding lawn and yard area outside. 14. A copy of the State Revenue Department liquor license for the restaurant shall be submitted to the Department of Planning & Community Development prior to the sale of alcoholic beverages. 15. The right to serve alcohol to patrons is revocable according to the provisions in BMC Sections 38.19.110.I and 38.34.160 based on substantial complaints from the public or from the Police Department regarding violations of the City of Bozeman’s open alcohol container, minor in possession of alcohol, or any other applicable law regarding consumption and/or procession of alcohol. 16. Any expansion of this use or facility is not permitted unless reviewed and approved as required under the applicable regulations of the Bozeman Municipal Code. Engineering Department Recommended Conditions 17. A FEMA Elevation Certificate shall be provided prior to Final Site Plan approval. 18. If the finish floor of the proposed structure is lower than the base flood elevation as documented by the FEMA Elevation Certificate, the applicant shall provide information to determine if ‘Substantial Improvement’ to the structure is being proposed, as defined in §38.42.3060 Bozeman Municipal Code. 19. If ‘Substantial Improvement’ is occurring to the existing building, a floodplain development permit meeting the commercial flood proofing standards of Article 31, Chapter 38 BMC shall be obtained prior to Final Site Plan approval. 20. The applicant shall provide calculations to determine if the existing water service to the building is adequately sized to serve the proposed building. If calculations indicate that a larger water service is necessary, the existing water service shall be abandoned at the main and a new service constructed. The incremental difference in impact fees shall be provided if a larger water service is required. Zoning Designation & Land Uses The property is zoned B-3 (Central Business District). The intent of the B-3 district is to provide a central area for the community's business, government service and cultural activities. Uses within this district should be 254 #Z-12150 Fresco Café Creekside/On Premise Alcohol Consumption CUP/COA Staff Report 4 appropriate to such a focal center with inappropriate uses being excluded. The following land uses and zoning are adjacent to the subject property: North: Office use (Bozeman City Hall), zoned “B-3” South: Medical office use and office use, zoned “B-3”; East: Office use, zoned “B-3”; West: Bozeman Creek and surface parking lot, zoned “B-3”. Adopted Growth Policy Designation The Future Land Use Map of the updated Bozeman Community Plan designates the subject property to develop as “Community Core.” The area within the Community Core category contains the traditional core of Bozeman, the historic downtown. This area has an extensive mutually supportive diversity of uses, a strong pedestrian and multi-modal transportation network, and a rich architectural character. Essential government services, places of public assembly, and open spaces provide the civic and social core of town. Residential development on upper floors is well established. New residential uses should be high density. The area along Main Street should be preserved as a place for high pedestrian activity uses, with strong pedestrian connectivity to other uses on nearby streets. Users are drawn from the entire planning area and beyond. The intensity of development is high with a Floor Area Ratio well over 1. Future development should continue to be intense while providing areas of transition to adjacent areas and preserving the historic character of Main Street. COA Review Criteria & Staff Findings The below comments pertain to the exterior alterations proposed for the building and their appropriateness for the surrounding commercial area. Section 38.16.050 “Standards for Certificates of Appropriateness” A. All work performed in completion of an approved Certificate of Appropriateness shall be in conformance with the most recent edition of the Secretary of Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring and Reconstructing Historic Buildings (Published 1995), published by U.S. Department of the Interior, National Park Service, Cultural Resource Stewardship and Partnerships, Heritage Preservation Services, Washington, D.C. (available for review at the Department of Planning). The Secretary of the Interior’s Standards do not apply to this application since the structure is not 50 years old. B. Architectural appearance design guidelines used to consider the appropriateness and compatibility of proposed alterations with original design features of subject structures or properties, and with neighboring structures and properties, shall focus upon the following: 1. Height; No change in the building’s height is proposed. 2. Proportions of doors and windows; The restaurant is proposing new door entrances and windows on the south, north and west elevations of its portion of the building. The proportion and size of the new doors and window units are appropriate for the building. 3. Relationship of building masses and spaces; No change is occurring to the building mass, as no additions are proposed. The asphalt area in front of the building will no longer be used for parking and cars. An outdoor seating area is being added in front of the 255 #Z-12150 Fresco Café Creekside/On Premise Alcohol Consumption CUP/COA Staff Report 5 restaurant tenant space. The asphalt area will be transitioning to a pedestrian area and staff is conditioning pedestrian amenities, such as bench seating or flower/planter boxes, to be added to this area “to soften the hard edge” of the asphalt area, consistent with the recommendations of the Downtown Improvement Plan. 4. Roof shape; No change is proposed to the building’s roof shape. 5. Scale; Please see Staff’s comments under “Building Masses and Spaces.” 6. Directional expression, with regard to the dominant horizontal or vertical expression of surrounding structures; Please see Staff’s comments under “Building Masses and Spaces.” 7. Architectural details; Staff is requiring additional notes to be added to the building’s elevations that identify the materials of the new doors and windows proposed for the restaurant. This will allow Staff to confirm compliance with applicable design guidelines as part of Final Site Plan review. New window awnings are being proposed and are found appropriate for the building. New exterior lights are also being proposed. The style of the lights will be full cut-off fixtures, as conditioned by Staff. An architectural detail being added to the building is a metal awning/canopy arm structure that is coming off the southwest corner of the building front. The metal feature will serve as an entry point into the transitioned pedestrian asphalt area. It will also serve as a location for some tenant signage to be added. Staff interprets this signage to be building signage, as long as the signage is not directly added to the pole support (which staff would then interpret as a pole sign). The applicant is being required to submit a comprehensive sign plan for the building with the final site plan materials. 8. Concealment of nonperiod appurtenances, such as mechanical equipment; and Per code provisions, all mechanical equipment shall be screened. Rooftop equipment shall be incorporated into the roof form or screened in an enclosure and ground mounted equipment shall be screened with walls, fencing or plant materials. The final site plan shall contain a notation that “No ground mounted mechanical equipment, including, but not limited to utilities, air exchange/conditioning units, transformers, or meters shall encroach into the required yard setbacks and will be properly screened with an opaque solid wall and/or adequate landscape features. All rooftop mechanical equipment shall be incorporated into the roof form or screened in an approved rooftop enclosure.” 9. Materials and color schemes (any requirements or conditions imposed regarding color schemes shall be limited to the prevention of nuisances upon abutting properties and prevention of degradation of features on the property in question. Color schemes may be considered as primary design elements if a deviation from the underlying zoning is requested). The proposal includes painting the building’s existing dryvit covering. Staff is requiring some additional notes to be added to the building elevations that clarify the materials proposed for the new doors and windows and the new bike racks. This will allow Staff to confirm compliance with applicable design guidelines as part of Final Site Plan review. C. Contemporary, nonperiod and innovative design of new structures and additions to existing structures 256 #Z-12150 Fresco Café Creekside/On Premise Alcohol Consumption CUP/COA Staff Report 6 shall be encouraged when such new construction or additions do not destroy significant historical, cultural or architectural structures, or their components, and when such design is compatible with the foregoing elements of the structure and the surrounding structures. None of the new construction is found by Staff to destroy significant historical, cultural or architectural components. D. When applying the standards of subsections A-C, the review authority shall be guided by the Design Guidelines for the Neighborhood Conservation Overlay District which are hereby incorporated by this reference. When reviewing a contemporary, non-period, or innovative design of new structures, or addition to existing structure, the review authority shall be guided by the Design Guidelines for the Neighborhood Conservation Overlay District to determine whether the proposal is compatible with any existing or surrounding structures. The Design Guidelines for the Neighborhood Conservation Overlay District were utilized in the above review of the project design. CUP/ Site Plan Review Criteria & Staff Findings The below comments pertain to the site development linked with the proposed restaurant business and use and the permission of alcohol sales for on-premise consumption. Section 38.19.100 “Plan Review Criteria” In considering applications for site plan approval under this title, the Planning Director, City Commission, Development Review Committee, and when appropriate, the Administrative Design Review Staff, the Design Review Board or Wetlands Review Board shall consider the following: 1. Conformance to and consistency with the City’s adopted growth policy; The development proposal is in conformance with the Bozeman Community Plan including the “Community Core” land use designation. The new restaurant will promote pedestrian activity in an area that was previously underutilized by cars and surface parking. The proposed serving of alcohol in is in conformance with the “Community Core” land use classification. 2. Conformance to this title, including the cessation of any current violations; The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. The following code provisions must be addressed prior to Final Site Plan approval: Code Provisions Planning Department Code Provisions: a. In accordance with the BMC Section 13.12.322 the Water/Sewer Superintendent is requiring an inspection of your water service to determine whether the water service has backflow protection and if such protection is installed that the device is appropriate for the level of use for the facility. If the service has been found without backflow protection the applicant will have a preventer and expansion tank installed. If the existing device does not provide adequate protection, the applicant will be required to replace the preventer with a preventer that is designed to provide adequate protection. Please call the Water Department @ 582‐3200 to arrange an inspection of the water service. 257 #Z-12150 Fresco Café Creekside/On Premise Alcohol Consumption CUP/COA Staff Report 7 b. Section 38.19.110.F BMC states that the right to a conditional use permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. All special conditions and code provisions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing by the applicant prior to commencement of the use and shall be recorded as such with the Gallatin County Clerk and Recorder’s Office by the property owner prior to the final site plan approval or commencement of the use. All of the conditions and code provisions 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. c. Section 38.19.110.I. BMC Termination/ Revocation of Conditional Use Permit approval: 1. Conditional use permits are approved based on an analysis of current local circumstances and regulatory requirements. Over time these things may change and the use may no longer be appropriate to a location. A conditional use permit will be considered as terminated and of no further effect if: a. After having been commenced, the approved use is not actively conducted on the site for a period of two continuous calendar years; b. Final zoning approval to reuse the property for another principal or conditional use is granted; c. The use or development of the site is not begun within the time limits of the final site plan approval in Section 38.19.130, BMC. 2. A conditional use which has terminated may be reestablished on a site by either, the review and approval of a new conditional use permit application, or a determination by the Planning Director that the local circumstances and regulatory requirements are essentially the same as at the time of the original approval. A denial of renewal by the Planning Director may not be appealed. If the Planning Director determines that the conditional use permit may be renewed on a site then any conditions of approval of the original conditional use permit are also renewed. 3. If activity begins for which a conditional use permit has been given final approval, all activities must comply with any conditions of approval or code requirements. Should there be a failure to maintain compliance the City may revoke the approval through the procedures outlined in Section 38.34.160, BMC. d. Section 38.19.160 states that a Building Permit must be obtained prior to the work, and must be obtained within one year of Final Plan approval. Building Permits will not be issued until the Final Plan is approved. e. Section 38.21.050.F requires all mechanical equipment to be screened. Rooftop equipment shall be incorporated into the roof form or screened in an enclosure and ground mounted equipment shall be screened with walls, fencing or plant materials. The final site plan shall contain a notation that “No ground mounted mechanical equipment, including, but not limited to utilities, air exchange/conditioning units, transformers, or meters shall encroach into the required yard setbacks and will be properly screened with an opaque solid wall and/or adequate landscape features. All rooftop mechanical equipment shall be incorporated into the roof form or screened in an approved rooftop enclosure.” f. Sections 38.23.150 requires a lighting plan for all on-site lighting including all building mounted lights and must be included in the final site plan submittal. 38.23.150.D.7.e states that the maximum illumination measured in footcandles at the property line shall not exceed 0.3 onto adjacent residential properties and 1.0 onto adjacent commercial properties and public rights-of-way. g. Section 38.23.150.D.7.a requires that all outdoor lighting, whether or not required by this section, shall be aimed, located, designed, fitted and maintained so as not to present a hazard to drivers or pedestrians by impairing their ability to safely traverse and so as not to create a nuisance by projecting or reflecting objectionable light onto a neighboring use or property. h. Section 38.23.150.D.7.b requires that all outdoor lighting fixtures shall be shielded in such a manner that no light is emitted above a horizontal plane passing through the lowest point of the light emitting element, so that direct light emitted above the horizontal plane is eliminated. 258 #Z-12150 Fresco Café Creekside/On Premise Alcohol Consumption CUP/COA Staff Report 8 i. Section 38.23.150.D.7.c requires that all site lighting other than pathway intersection lighting and security lighting all lighting shall be turned off between 11:00 p.m. and 6:00 a.m. Exceptions shall be granted to those businesses which operate during these hours; such lighting may remain illuminated only while the establishment is actually open for business. j. Section 38.26 requires a landscape plan to be submitted. The landscape plan shall be prepared by a landscape professional and shall identify how 13 performance standard points are provided. k. Section 38.28.060 outlines the amount of permitted signage for the property. A Sign Permit shall be reviewed and approved by the Planning Office prior to the construction and installation of any on-site signage. l. Section 38.34.100 states based upon the approved sketch, site plan, certificate of appropriateness, conditional use permit or planned unit development (hereinafter referred to as “plan”), and after any appeals have been resolved, a building permit for the site may be requested an may be granted, provided such building permit is granted within one year of plan approval. m. Section 38.39, requires that if final plat approval, occupancy of buildings or other utilization of an approved development is to occur prior to the installation of all required on-site improvements, an Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve (12) months; however, the applicant shall complete all on-site improvements within nine (9) months of occupancy to avoid default on the method of security. Engineering Department Code Provisions: n. Plans and specifications for any fire service line (and domestic services 4” or larger) must be prepared in accordance with the City’s Fire Service Line Policy by a Professional Engineer and be provided to and approved by the City Engineer prior to initiation of construction of the service or fire protection system. The applicant shall also provide Professional Engineering services for construction inspection, post- construction certification and preparation of mylar record drawings. Fire service plans (and domestic services 4” or larger) shall be a standalone submittal, separate from the infrastructure plans and final site plan. n. A Storm Water 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), storm water detention/retention basin details (including basin sizing and discharge calculations, and discharge structure details), storm water discharge destination, and a storm water maintenance plan. o. A Storm Water Management Permit (SMP) must be submitted and approved by the City Engineer prior to Final Site Plan approval. The SMP requires submittals of an application form and a Storm Water Management Plan in compliance with the City of Bozeman’s Storm Water Management Ordinance #1763. The SMP is independent of any other storm water permitting required from the State of Montana, and does not fulfill the requirement to obtain a Storm Water Pollution Prevention Plan (SWPPP) if required for this development. p. A grease interceptor conforming to the latest adopted edition of the Uniform Plumbing Code shall be installed. q. Any damaged sidewalk panels fronting the property shall be replaced. r. A Street Cut Permit shall be obtained from the Engineering Department prior to cutting into any publicly maintained street. 259 #Z-12150 Fresco Café Creekside/On Premise Alcohol Consumption CUP/COA Staff Report 9 s. Typical curb details (i.e. raised and/or drop curbs) and typical paving section details shall be provided to and approved by the City Engineer for proposed curbing and paving. t. The FSP shall be adequately dimensioned and labeled with a legend of linetypes and symbols used provided. u. The location of existing and proposed water/sewer mains and services shall be properly depicted, as well as nearby fire hydrants and proposed hydrants. Proposed utilities shall be distinguishable from existing. City of Bozeman applications for service shall be completed by the applicant. Any unused water services existing on the property shall be abandoned at the main. v. Easements and R/W located on and adjacent to the site shall be depicted and labeled appropriately. Distinction between proposed and existing easements shall be made. Any proposed easements shall be provided prior to FSP approval. w. Proposed water/sewer mains, services and hydrants shall be depicted on the landscape plan and maintain a minimum horizontal separation of 10’ to proposed landscape trees and lot lighting improvements. x. All construction activities shall comply with section 38.39.020.A.2 of the Unified Development Code. This shall include routine cleaning/sweeping of material that is dragged to adjacent streets. The City may require a guarantee as allowed for under this section at any time during the construction to ensure any damages or cleaning that are required are complete. The developer shall be responsible to reimburse the City for all costs associated with the work if it becomes necessary for the City to correct any problems that are identified. 3. Conformance with all other applicable laws, ordinances, and regulations; The final site plan review process will ensure compliance with this section. The plans will be further evaluated against the requirements of the International Building Code at the time application is made for a Building Permit. 4. Relationship of site plan elements to conditions both on and off the property; The building footprint of the building will not be changing. The primary change in the site plan will be the asphalt area in front of the building which will transition from a surface parking area to an area with more pedestrian emphasis and amenities. Additionally, an outdoor seating area will be added in front of the new restaurant space. A handicap accessible ramp is being added to the rear of the building within the dedicated alley space. 5. The impact of the proposal on the existing and anticipated traffic and parking conditions; With the property’s location within the B-3 zoning district, there are several applicable parking reductions that apply to this building’s parking demand. The first 3,000 square feet of a non-residential building within the B-3 zoning district doesn’t require parking. Additionally, the parking demand can be reduced for each type of use. Lastly, the parking demand can be reduced due to the proximity of a transit (Streamline) stop and the parking garage structure. The 3,000 square feet was deducted from the office square footage, as office use has the lowest parking reduction percentage. With that reduction, the office square footage that requires parking is 323 SF. This creates a demand of 1 parking space. The restaurant use has the largest parking reduction at 75%. With this reduction, the restaurant parking demand is 3 spaces. Therefore, after all reductions are claimed, the total parking demand for all uses on site is 4 spaces. The property paid for 5.2 spaces for the Downtown Parking SID. Therefore, the site has a parking surplus of 1.2 spaces. 260 #Z-12150 Fresco Café Creekside/On Premise Alcohol Consumption CUP/COA Staff Report 10 Overall, Staff finds the development to provide adequate parking for all of the uses, existing and proposed, on the property. 6. Pedestrian and vehicular ingress and egress; The current vehicular asphalt parking area will become a pedestrian area. Bollards are being conditioned to be added along the front property line in the current drive access. This will indicate that cars are no longer allowed in the asphalt area, but will still allow for a temporary loading/unloading area for the tenant spaces. 7. Landscaping, including the enhancement of buildings, the appearance of vehicular use, open space, and pedestrian areas, and the preservation or replacement of natural vegetation; A landscape plan will have to be submitted with the final site plan materials. 8. Open space; As no residential uses are being proposed, open space and parkland areas are not required with the development. 9. Building location and height; The building footprint is unchanged with the development. 10. Setbacks; Several Engineering Department conditions of approval address the need to further identify the Bozeman Creek floodplain boundary on the site. The applicant is required to find out if the proposed floor level of the restaurant will be below/at/above the base food level. If the floor is below, and the work proposed is deemed as “substantial improvement” to the building, several other conditions will apply to the development 11. Lighting; As conditioned, the new lighting proposed shall meet the code provisions listed in Section 38.23.150 of the Bozeman Municipal Code, specifically the use of full cut-off fixtures. 12. Provisions for utilities, including efficient public services and facilities; Engineering included several conditions addressing utilities. The Water/Sewer Superintendent is requiring an inspection of your water service to determine whether the water service has backflow protection and if such protection is installed that the device is appropriate for the level of use for the facility. If the service does not have backflow protection, the applicant will be required to install a preventer and expansion tank. If the existing device does not provide adequate protection, the applicant will be required to replace the preventer with a preventer that is designed to provide adequate protection. 13. Site surface drainage; As conditioned by Engineering, a Storm Water Management Permit (SMP) must be submitted and approved by the City Engineer prior to Final Site Plan approval. The SMP requires submittals of an application form and a Storm Water Management Plan in compliance with the City of Bozeman’s Storm Water Management Ordinance #1763. The SMP is independent of any other storm water permitting required from the State of Montana, and does not fulfill the requirement to obtain a Storm Water Pollution Prevention Plan (SWPPP) if required for this development. 14. Loading and unloading areas; As conditioned, bollards need to be added to the existing drive access. This will help indicate the asphalt area as 261 #Z-12150 Fresco Café Creekside/On Premise Alcohol Consumption CUP/COA Staff Report 11 pedestrian oriented, but still allow loading and unloading for the tenant spaces. 15. Grading; The standard Engineering provisions will address any grading issues that are required for the addition of a handicap accessible ramp on the north side of the building. 16. Signage; No signage is requested as part of this application. Any new signage will require a separate Certificate of Appropriateness application and a sign permit. Additionally, staff is requiring the applicant submit a comprehensive sign plan as the building has more than two tenant spaces. 17. Screening; All mechanical equipment shall be screened. Rooftop equipment shall be incorporated into the roof form or screened in an enclosure and ground mounted equipment shall be screened with walls, fencing or plant materials. As required with code provisions, the final site plan shall contain a notation that “No ground mounted mechanical equipment, including, but not limited to utilities, air exchange/conditioning units, transformers, or meters shall encroach into the required yard setbacks and will be properly screened with an opaque solid wall and/or adequate landscape features. All rooftop mechanical equipment shall be incorporated into the roof form or screened in an approved rooftop enclosure.” 18. Overlay district provisions; The COA criteria and staff findings are included in this staff report starting on page 4. 19. Other related matters, including relevant comment from affected parties No public comment has been received to date in regards to this application. Any public comment received after the production of this staff report will be forwarded to the City Commission prior to the public hearing. 20. If the development includes multiple lots that are interdependent for circulation or other means of addressing requirement of this title, whether the lots are either: Configured so that the sale of individual lots will not alter the approved configuration or use of the property or cause the development to become nonconforming or The subject of reciprocal and perpetual easements or other agreements to which the City is a party so that the sale of individual lots will not cause one or more elements of the development to become nonconforming. Not applicable. Section 38.19.110 “Conditional Use Permit” In addition to the review criteria included in Section 38.19.100, the City Commission shall, in approving a Conditional Use Permit, find favorably as follows: 1. That the site for the proposed use is adequate in size and topography to accommodate such use, and all yards, spaces, walls and fences, parking, loading and landscaping are adequate to properly relate such use with the land and uses in the vicinity. As conditioned, Staff finds the proposed use as adequate in size and topography to accommodate a restaurant use 262 #Z-12150 Fresco Café Creekside/On Premise Alcohol Consumption CUP/COA Staff Report 12 that serves alcohol. The site is directly adjacent to the core of the downtown area where adequate transportation services (mass transit, parking, etc.) are provided for the future patrons of the restaurant. The Engineering Department is requiring additional analysis of the base flood level on the property to determine if the new construction is or is not occurring in that area. The removal of the surface parking from the site is seen by staff as a positive change, as it is eliminating a non- conforming situation, as well as eliminating a public health and safety risk. It also provides for a pedestrian and seating area adjacent to Bozeman Creek, consistent with the Downtown Improvement Plan. 2. That the proposed use will have no material adverse effect upon the abutting property. Persons objecting to the recommendations of review bodies carry the burden of proof. The proposed restaurant use will not create adverse effect to abutting properties. Though parking will be eliminated on the site, patrons to the restaurant will be able to utilize the downtown public parking supply, bike to the property and use the provided bike racks, or take the Streamline bus to the property. The outdoor patio area, and the additional pedestrian amenities added to the asphalt surface area will be an improvement to the property. Pedestrians will now be able to enjoy the benefit of the Bozeman Creek in this area. 3. That any additional conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare. Such conditions may include, but are not limited to: regulation of use; special yards, spaces and buffers; special fences, solid fences and walls; surfacing of parking areas; requiring street, service road or alley dedications and improvements or appropriate bonds; regulation of points of vehicular ingress and egress; regulation of signs; requiring maintenance of the grounds; regulation of noise, vibrations and odors; regulation of hours for certain activities; time period within which the proposed use shall be developed; duration of use; requiring the dedication of access rights; other such conditions as will make possible the development of the City in an orderly and efficient manner. Staff has identified, through the review process, recommended project conditions and code provisions that are included to protect the public health, safety, and general welfare. Please see the recommended conditions of approval on pages 2 through 3 of this report and the applicable code provisions on pages 6 through 9 of this report. Conclusion/Recommendation The Development Review Committee and Planning Staff have reviewed the Fresco Café Creekside/On Premise Consumption of Alcohol Conditional Use Permit and Certificate of Appropriateness application and recommends to the City Commission approval of said application with the conditions and code provisions outlined in this Staff report. Staff has identified various code provisions that are currently not met by this application. Some or all of these items are listed in the findings of this report. The applicant must comply with all provisions of the Bozeman Unified Development Code, which are applicable to this project, prior to receiving final site plan approval. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or State law. Attachments: Applicant’s Submittal Materials Report Sent to: Everett and Marla Cope, 416 North 23rd Avenue, Bozeman, MT 59715 Fresco Café Inc., c/o William Neubauer, 200 North 7th Avenue, Bozeman, MT 59715 263 264 265 266 267 268 269 270 SOUTH ELEVATION: FUTURE RESTAURANT ENTRY / PATIO 271 SOUTH ELEVATION: SUITE A 272 WEST ELEVATION: VIEW FROM S/W 273 NORTH ELEVATION: FUTURE FIRE DOOR LOCATION INTO ALLEY 274 275 276 277 278 279 280 281 282 283 284 285 U,?r4'W &@&"Rtr YxW*r r.tl- PEffiutp6[AB.{- Afr*B6vlW*"T - h\1 b, MeNpBl-r+&A.Li- ( f7ffibo qe*a\Dg t tNI-lRf4clP - %1 o a,ff I ba '- l\ qf1{,e rFflp- blZ 2v / 1eo -.- 6 qh^ffi yWWd+\DNFt Ctr\uffir VAffi ffF',U6 6YEUE Tuzt +tr, r€q.d\W= qb,zi, o\o -4 I "bo * l??Fffi 1r1 416 West Koch Street, Bozeman, MT 59715 Office: 406 .5a6 .7401 Cell: 406 .539 .32t2 Fax 406 . 586 .74OL weirich@bridgeband.com ToTru Thffi f€mlrftcN(.- rcsfAqPArrf ..- \(! *fp"ff*, ftDuqronl €tr/* z 6aYaL* o??t/-Ga- \b Whtffi, @ur;Fos.} ?oo/o [o ?YbLffi 286 w,,"&ff vryrlu.4-loNc 30,7.€, o4o -{ f+tTPtrrzANf 6 *yruW ,Wvryoil ?c,l = 5 fier.WOfftlffi - lo ?xo6i, WDUa-{.iou lo?* \ afeuffi frvurfor"rs, 14 aft,m fffie'r;. #hls kI;A rbwrNk qP4-* Wq' D 416 West Koch Street, Bozemen, MT 59715 Office: 406 . 586 .7401 Cell: 406 .539 .3212 Fax 406 . 586 .7401 weirich@bridgeband.com 287 288 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Carol Neibauer, Assistant Treasurer Laurae Clark, Treasurer Chris Kukulski, City Manager SUBJECT: Resolution 4389 / establishing Tree Maintenance District Assessments for FY2013. MEETING DATE: August 6, 2012 AGENDA ITEM TYPE: Action RECOMMENDATION: Adopt Commission Resolution No. 4389/establishing a Tree Maintenance District Assessments for FY2013, making the assessment rate $0.00225 per assessable square foot, which is the same as fiscal year 2012. BACKGROUND: The City Manager’s Recommended Budget does not include an increase in Tree Maintenance Assessments for the current fiscal year. UNRESOLVED ISSUES: None ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: The Tree Maintenance District Assessment rate will not increase over last year’s rate, resulting in the following: Total Tree Maintenance Assessments Collected, est. $429,724.82 Total Increased Dollars (0%) to Tree Maintenance District Fund, est. $0.00 Annual Assessment, Average Residential Lot (7,500 sq ft) $16.88 Annual Increase (0%), Average Residential Lot (7,500 sq ft) $0.00 Attachments: Resolution No. 4389 Report Compiled on: July 24, 2012 Schedule A for Resolution No 4389 289 1 of 3 COMMISSION RESOLUTION NO. 4389 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2013 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY-WIDE TREE MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN AND TO EXTEND THE BOUNDARIES OF SAID DISTRICT TO ENCOMPASS ANNEXED PROPERTIES. WHEREAS, the City Commission of the City of Bozeman did on the 16th day of July 1990, following notice and public hearing, regularly pass Commission Resolution No. 2804 entitled: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A CITY-WIDE MAINTENANCE DISTRICT FOR THE PURPOSE OF PLANTING AND MAINTAINING TREES IN ALL PUBLIC PLACES, RIGHTS-OF-WAYS AND PARKS. Which Commission Resolution No. 2804, passed as aforesaid is hereby referred to and made a part of this Resolution for further particulars in respect to the basis and method of assessing the cost against property herein assessed; and WHEREAS, Commission Resolution No. 2804 further provides that said special assessments shall be made, levied, and collected in the same manner as are other special assessments and levies of the City of Bozeman; and WHEREAS, the district boundaries are the city corporate limits, to include all annexed property as of the date of this resolution, excluding Story Hills; and WHEREAS, to defray the costs of tree maintenance for the coming assessment year, the Commission must now establish an assessment to be levied for said services. NOW THEREFORE, pursuant to the provisions of said Commission Resolution No. 2804 and the laws of the State of Montana, BE IT RESOLVED AND IT IS HEREBY ORDERED BY THE COMMISSION OF THE CITY OF BOZEMAN, STATE OF MONTANA: 290 Resolution No. 4331, Tree Maintenance Assessments, FY12 2 of 3 Section 1 That to defray the estimated cost and expense of planting and maintaining trees in all public places, rights-of-way and parks located within the maintenance district, which is hereby extended to include the city’s corporate limits existing as of the date of this resolution, excluding Story Hills, for Fiscal Year 2013, there is hereby levied and assessed against the assessable area of the several lots, pieces and parcels of land benefited by the maintenance district within the City of Bozeman as set forth in Schedule A, attached hereto and by this reference made a part hereof, which describes each lot or parcel of land with the name of the owner and/or owners, if known, and the amount assessed against the same; that the several sums set opposite the names of said owners and the described lots and parcels of land, are hereby levied and assessed upon and against said lots and parcels of land for said purpose; that the several sums be collected from the respective owners of said lots and parcels of land described in said assessments list and owned by them; that the said sums shall be paid and the collection thereof be made in the manner and in accordance with Commission Resolution No. 2804 of the City of Bozeman, Montana, and the laws of the State of Montana governing the collection of maintenance district assessments; that failure to pay such assessment when the same shall become due and payable shall make such persons and such lots and parcels of land liable to the penalties provided by law relative to delinquent taxes and assessments; and that the November assessments shall become delinquent at 5:01 p.m. on November 30, 2012, and the May assessments shall become delinquent at 5:01 p.m. on May 31, 2013. Section 2 That the per-square-foot assessment rate in said maintenance district shall be 0.00225, with caps for residential lots at 1 ½ times the minimum lot size for said residential district, as zoned on December 31, 2004; and for non-conforming residences located in commercial and industrial zoning districts without any commercial or industrial use attached, at 1 ½ times the minimum lot size for an R-2 zoned lot; and for Public Lands and Institutions properties at 25 percent of the total square footage of the parcel. The minimum assessment will be $3.50. Section 3 That this assessment be levied for the fiscal year of July 1, 2012 through June 30, 2013, and be billed in October 2012 as are all other special assessments. Section 4 That the regular session of the Commission of the City of Bozeman, Montana to be held at City Hall, 121 N Rouse Ave, Bozeman, Montana, on the 6th day of August, 2012 at 6:00 p.m., and the same is hereby designated as the time and place at which objections to the final adoption of the Resolution will be heard by said Commission. 291 Resolution No. 4331, Tree Maintenance Assessments, FY12 3 of 3 Section 5 That the City Clerk of the City of Bozeman, did publish in the Bozeman Daily Chronicle a Notice signed by the City Clerk, stating that a Resolution levying and assessing a special assessment to defray the cost and expense of planting and maintaining trees in all public places, rights-of-way and parks located within the City’s corporate limits for the Fiscal Year 2013, against the property on which such service was rendered, is on file in the office of the Clerk of the Commission subject to inspection for a period of six (6) days; that said notice shall state the time and place at which objections will be heard by the Commission to the final adoption of the Resolution, and, that said Notice shall be published at least five (5) days before the date set by the Commission for hearing objections and final adoption of this Resolution. PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana at a regular session thereof held on the 6th day of August 2012. ________________________________________ Sean A. Becker, Mayor ATTEST: ____________________________________ Stacy Ulmen, City Clerk, CMC APPROVED AS TO FORM: ____________________________________ Greg Sullivan, City Attorney 292 1 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Keri Thorpe, Assistant Planner SUBJECT: Public Hearing and Decision on Written Protests for Modification of North 7th Avenue Special Improvement Lighting District No. 460 MEETING DATE: August 6, 2012 AGENDA ITEM TYPE: Action RECOMMENDATION: Finding the written protests to modify Special Improvement Lighting District (SILD) No. 460 for improvements to the North 7th Avenue street light system do not amount to the number of protests required by Montana Code Annotated, adopt a motion to pass on all protests, determine modification of SILD No. 460 to be in the public interest, and by doing so, authorize the modification. RECOMMENDED MOTION: Having conducted a public hearing after the expiration of the time for written protests against the modification of the North 7th Avenue Special Improvement Lighting District (SILD) No. 460 to be filed with the City Clerk and having reviewed all written protests to the modification of SILD No. 460 and finding the written protests do not amount to the number of protests required by Section 7- 12-4305(1-3), MCA, to bar the Commission from modifying SILD No. 460, I hereby move the Commission pass on all protests, determine modification of SILD No. 460 to be in the public interest, and instruct the City Manager to move forward with the modification. INTRODUCTION: The purpose of this agenda item is for the Commission to conduct a public hearing and review written protests to the modification of proposed SILD No. 460 (the “SILD”) and to determine whether submitted protests are sufficient to bar the Commission from moving forward with the proposed SILD modification. If the Commission determines the number of protests is not sufficient to bar moving forward with the SILD modification, the Commission may instruct the City Manager to proceed with the installation of the new light fixtures. Its decision shall be final and conclusive. Upon hearing and passing on all protests, this will be the last time the City Commission will hear proceedings on this SILD modification. A resolution levying assessments for all special improvement lighting districts is presented to the Commission on an annual basis and the change in the assessments for SILD No. 460 will be incorporated therein. 293 2 BACKGROUND: On July 1 6, 2012, the Commission adopted Commission Resolution No. 4388, a Resolution of Intent to Modify SILD No. 460 (the “SILD”), for the purpose of authorizing the installation of new light fixtures and underground wiring in a portion of the SILD. The proposed modification to the SILD will result in an increased annual assessment for power and maintenance on those property owners located within the modified portion of the SILD. Based on engineering and analysis provided by Morrison-Maierle, Inc. the annual assessment for the modified portion will increase from $1.03 per lineal foot to $1.25 per lineal foot. The assessment for the unmodified portion will remain $1.03 per lineal foot. Installation of the new light fixtures is being funded by the North 7th Avenue Urban Renewal District. Upon adoption of the Resolution of Intent and as required by State law, the City Clerk mailed a copy of a Notice of Passage of the Resolution of Intent to every property owner within the SILD on July 17th, 2012. The Notice of Passage of the Resolution of Intent was also published twice in the Bozeman Daily Chronicle, on July 22nd and 29th, 2012. Opportunity to Submit Written Protests: Pursuant to State law, property owners within the proposed SILD have fifteen (15) days from the date of the first published Notice of Passage of Resolution of Intent to formally protest the modification of the SILD. Every protest must have been submitted in writing, identify the property in the district owned by the protestor, and be signed by all the owners of the property. The protest must have been delivered to the City Clerk not later than 5 pm on the last day within the protest period, which ended on Monday, August 6th, 2012. Public Hearing to Review Protest Received: Pursuant to Sect. 7-12-4305, MCA, the City Commission must “hear and pass upon all protests made” at the next regular meeting of the Commission following the end of the protest period and its decision shall be final and conclusive. This is the action the Commission is required to take under this agenda item. The purpose of this agenda item is to determine if sufficient written protests have been made by the owners of property in the district to be assessed a higher amount if located in the area of the district proposed for modification. Property owners located within SILD No. 460 pay $1.03 per lineal foot of their property for electricity and maintenance costs annually. Those property owners within the area proposed for modification will pay $1.25 per lineal foot following the installation of the new fixtures. If adequate protest has not been received, the Commission should then consider whether or not to adopt a motion to pass on all protests, determine if the modification of SILD No. 460 is in the public interest, and instruct the City Manager to move forward with the installation of the new light fixtures. 7-12-4305. Consideration of protest. (1) At the next regular meeting of the city council after the expiration of the time within which said protests may be made, the city council shall proceed to hear and pass upon all protests so made, and its decision shall be final and conclusive. When the protest is against the proposed work and the cost thereof is to be assessed upon property embraced within the boundaries of the district and if the city council finds that such protest is made by the owners of a majority of the property embraced within the district to be assessed for the proposed work, no further proceedings shall be taken for a period of 6 months from the date when said protest was received by the city clerk of said city council. (2) In determining the sufficiency of protest, each protest shall be weighted in proportion to the amount of the assessment to be levied against the lot or parcel with respect to which it is made. (3) In determining whether or not sufficient protest has been filed in a proposed district to 294 3 prevent further proceedings therein, property owned by a county, city, or town shall be considered the same as other property in the district. This will be the last public hearing on the modification to SILD No. 460. If the City Commission decides to pass on all protests, the modification will be approved and the City Manager is then instructed to move forward with the installation of the new light fixtures. Following installation of the new lights, the new assessment for SILD No. 460 will be incorporated into the annual levying and assessing of costs for all special improvement lighting districts. This is done by resolution and typically occurs in September or October each year. No written protests have been received as of the writing of this memo. Any written protests received after the date of this memo will be forwarded to the City Commission. UNRESOLVED ISSUES: There are no unresolved issues related to the protest period. ALTERNATIVES: The Commission could determine to accept the protests, and while those protests are not legally sufficient to bar the Commission from proceeding on modifying the SILD, the Commission could choose to not modify the SILD and not proceed with the improvements at all (cancelling the installation of the new light fixtures on North 7th Avenue between Oak Street and the centerline of Juniper Street). FISCAL EFFECTS: As described herein. Memo prepared on: July 26, 2012 295 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Aimee Brunckhorst, Deputy City Clerk / Board Coordinator Stacy Ulmen CMC, City Clerk SUBJECT: Appointment to the Library Board of Trustees MEETING DATE: August 6, 2012 AGENDA TYPE: Action RECOMMENDATION: Mayor Becker appoints one new applicant to the Library Board of Trustees, with the advice and consent of the Commission. RECOMMENDED MOTION: I move to confirm the Mayoral appointment of [one applicant] to the Library Board of Trustees. BACKGROUND: Holly Brown’s term on the Library Board expired June 30, 2012. Two new applications have been received. The Library Board of Trustees is created under Section 22-1-308 of the Montana Code Annotated and Section 2.56.010 of the Bozeman Municipal Code.: Under Section 2.56.010 of the B.M.C., the Board of Trustees of the Public Library shall be composed of five persons and shall be appointed by the Mayor, with the advice and consent of the Commission, and shall serve without pay. The trustees shall hold their office for the term of five years, and one trustee shall be appointed annually at the beginning of each fiscal year (July 1) for the term of five years, and until his/her successor is appointed and qualifies. Trustees shall serve no more than two full terms in succession. They shall have power to select librarians and other employees as they may determine and fix the amount of any bond which they may require to be given by the librarian and other employees. They shall have power to receive books from all sources for the use and benefit of the library and to purchase books therefore with any money available for that purpose and power to prescribe all rules and regulations for the use of books and the preservation of the same. The board shall keep a record of its transactions and shall make a report to the City Commission at the close of each calendar year, covering the business transacted by it during the year (Ordinance No. 1163, 1984; Ordinance No. 1094 S 1, 1982; prior code S 2.08.200). No residency requirements are contained in either the M.C.A. or the B.M.C. Under state statutes, this Board is administrative. The Library Board of Trustees has an expired term and two applicants. New Applicants: John Gallagher Carol Stahl Attachments: Board Applications 296 To Whom it May Concern, I am applying for the Trustee vacancy of the Bozeman Public Library Board of Trustees. Based on my experience with the Library, as an educator, patron and president of The Friends of the Bozeman Public Library, I will bring an excellent perceptive on policy and budgetary decisions to this board. The Library is a truly unique asset to the City of Bozeman and I would like to use my skills to keep that way. My profession in education will bring a, currently absent and much needed, voice to the board. Knowledge of current educational best practices will help the Library provide excellent materials and programs to serve students, parents and educators in our community. Also, my role as president of the Friends of the Bozeman Public Library has enabled me to create relationships within the Library staff and Trustees, and staff of the City of Bozeman. These relationships offer me different perspectives, needed to make sound decisions for our community Library. The volunteer time I have dedicated to raising money for the library underlines my commitment making our Library one of the best community resources in The Gallatin Valley. I would like to thank you for taking your time to review my application for the Trustee vacancy. If there are any questions I can answer or clarify, please do not hesitate to contact me. Sincerely, John Gallagher 297 Date: 07-03-2012 Which Board or Commission are you applying for?: Bozeman Public Library Board of Trustees Are you a new applicant or are you applying for another term.: New applicant Enter your first name: John Enter your last name: Gallagher Email Address: Physical Address: MT 59715 Phone Numbers: Length of time in the Bozeman area: Twenty years Do you live in the city limits? (Depending on the board this may or may not be required.): Yes Occupation: Teacher Employer: Bozeman Public Schools Have you ever served on a City or County Board or Commission?: Yes Bicycle Advisory Board (3 years) & Transportation Coordinating Committee (3 years) Please explain your relevant qualifications, interests and experiences: My interest to serve on the Trustees stems from my volunteer work (Friends of the Bozeman Public Library) to raise money for the Library and a four year old daughter who utilizes many excellent Library materials and programs. I have served with many community and non-profit boards and learned the value of working together towards a common good. Many of these organizations, I have served in a leadership capacity, a budgetary role and developed/improved operating policies. Also, as a teacher at Bozeman High School, I have served on many department and school-district wide committees focusing on collaboration. Please list a reference and a contact phone or email: Ron Farmer, List a 2nd reference with contact phone or email: Mike Ruyle, What representative position are you applying for?: Bozeman Public Library Board of Trustees The Bozeman City Charter voted in by the citizens of Bozeman in 2008 requires yearly ethics training. If appointed, do you understand you will be expected to take online and in person ethics trainings?: Yes Is there any other information you feel may be relevant to your application?: Please see my attachments to this application (ie. Resume and cover letter) How did you hear about this board or vacancy?: Library staff and current Trustees 298 John B. Gallagher II Bozeman, MT 59715 Employment Bozeman Public Schools (9/2001 to present) Bozeman High School, Math department Committees- Performance-Based Instruction, RTI, Common Core State Standards, Bridger Alternative Associations: Friends of the Bozeman Public Library (1998 to present) Board of Directors President (7 years) Community Food Co-Op (1994 to 2003) Board of Directors Finance Committee (1993 to present) City of Bozeman and Gallatin County Advisory Boards (3 years) Bicycle Safety Advisory Committee Transportation Coordinating Committee Aptitudes: Personal and group communication dynamics; organizational techniques for group and individual projects; analytical problem solving techniques for all situations; and an ability to understand and resolve situational concerns/problems. References: Ron Farmer, President First Security Bank Mike Ruyle, Vice Principal Bozeman High School 299 300 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Aimee Brunckhorst, Deputy City Clerk / Board Coordinator Stacy Ulmen CMC, City Clerk SUBJECT: (Re)Appointments to the Bozeman Tourism Business Improvement District (BTBID) Board of Trustees MEETING DATE: August 6, 2012 AGENDA ITEM TYPE: Action Item RECOMMENDATION: Re-appoint or appoint up to two members to the BTBID. BACKGROUND: The Bozeman Tourism Business Improvement District Board of Trustees has two terms which expired on July 31st, 2012. Both members have re-applied and two new applicants have applied. The Bozeman TBID nominating committee, which is the Bozeman TBID board, has recommended Tim Kuhlman (Holiday Inn) and Andrew Ash (Comfort Inn) to the Bozeman City Commission for the two TBID board position vacancies. This recommendation occurred at the July 24th TBID meeting through a ballet process that was approved by the board and is considered to be consistent with section 2.3 of the Bozeman TBID bylaws, "Qualifications of Trustees". In August, 2009 the City Commission created the BTBID Board to manage the newly created District (Cht. 2.90, BMC). The mission of the Board is to promote tourism that generates room nights for lodging facilities in the city of Bozeman, Montana by effectively marketing the region as a preferred travel destination. BTBID members are appointed to staggered four years. Board appointees must either be a property owner within the District or the duly authorized designee of an owner of property within the District. The Bozeman Tourism Business Improvement District Board of Trustees currently has two expired terms and four applicants. Re-applying Applicants: New Applicants: Andrew Ash Audria Butler Tim Kuhlman Holly Ferrell Alternatives: As suggested by the City Commission. Attachments: Board Applications 301 302 303 304 305 306 307 308 309 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Aimee Brunckhorst, Deputy City Clerk / Board Coordinator Stacy Ulmen CMC, City Clerk SUBJECT: Reappointments to the Community Affordable Housing Advisory Board (CAHAB) MEETING DATE: August 6, 2012 MEETING TYPE: Action RECOMMENDED MOTION: I move to reappoint Melvin Howe as an interested citizen representative and Ann Kesting as a real estate industry representative to the Community Affordable Housing Advisory Board. BACKGROUND: This board currently has two ongoing vacancies and three members with terms that expired June 30th. Two of three of the members with expired terms have reapplied. The Community Affordable Housing Advisory Board was created under Commission Resolution No. 3056, superseded by Commission Resolution No. 3540 adopted on September 16, 2002. This Board replaces the former Community Development Block Grant (CDBG) Loan Review Committee. Its purpose is to provide recommendations to the Commission on requests for expenditures from the CDBG Revolving Loan Fund (for housing) and from the Community Housing Fund (which is funded through the City's General Fund); to advise the Commission on affordable housing needs, issues, policies, and regulations; to work with the City and other groups to formulate programs and projects for meeting Bozeman's affordable housing needs; and to advise the Commission on affordable housing plans for annexations and any related development proposals. Recently, CAHAB has been involved in affordable housing discussions with the City Commission and reviewing a request for proposals for an affordable housing study. The Board is comprised of eleven members serving staggered three-year terms, with terms to end on June 30 of each year; and a member of City Planning staff shall serve as an ex-officio, non- voting member. Members must be of legal age, and a majority of the members shall be residents of the city. Non-resident members must have a tangible connection with the City by virtue of working in the city or owning property in the city. Members must represent the following: 310 (1) real estate financing (2) real estate sales (3) construction industry (4) organization supporting the availability of low- and moderate-income housing (5) organization providing services to low- and moderate-income persons (6) member of the public certifying that he or she is a low or moderate-income person as defined by the City's affordable housing policy (7) representative from a recognized non-profit affordable housing development organization (8) member of the public certifying that he or she currently resides in housing designated as low- or moderate-income housing (9) member of the public who has demonstrated interest in special needs housing (10) the City's Finance Department (11) building industry professional This Board has two ongoing vacancies, three expired terms and two reapplying applicants. Re-applying Applicants: Melvin Howe (interested citizen) Ann Kesting (real estate representative) Attachments: Board Applications 311 ApplyBoardID: 34 Date: 06/25/12 Which Board or Commission are you applying for?: CAHAB Are you a new applicant or are you applying for another term.: Another Term Enter your first name: Melvin Enter your last name: Howe Email Address: Physical Address: Phone Numbers: Length of time in the Bozeman area: 46 years Do you live in the city limits? (Depending on the board this may or may not be required.): Bozeman Occupation: Retired from architecture Employer: Self Have you ever served on a City or County Board or Commission?: Yes If so, where and how long?: Design Review Board, Bozeman, 16 years Please explain your relevant qualifications, interests and experiences: Designed HUD Housing Please list a reference and a contact phone or email: List a 2nd reference with contact phone or email: What representative position are you applying for?: Citizen The Bozeman City Charter voted in by the citizens of Bozeman in 2008 requires yearly ethics training. If appointed, do you understand you will be expected to take online and in person ethics trainings?: Yes Is there any other information you feel may be relevant to your application?: Interested in incentivising availability of affordable housing How did you hear about this board or vacancy?: Present member 312 313 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Aimee Brunckhorst, Deputy City Clerk / Board Coordinator Stacy Ulmen, City Clerk, CMC SUBJECT: (Re) Appointments to the Community Alcohol Coalition MEETING DATE: August 6, 2012 MEETING TYPE: Action RECOMMENDED MOTION: I move to reappoint Jenna Caplette as a neighborhood association representative and move to appoint Keri-Lou McGinley as a non-hospitality local business person representative on the Community Alcohol Coalition. BACKGROUND: This Coalition has eight ongoing vacancies and a member with a term that expired June 30th. The member with an expired term has reapplied and one new applicant has applied for the ‘non-hospitality local business person’ position. The Community Alcohol Coalition was created under Commission Resolution No. 3611, based on a recommendation from the Bozeman Alcohol Policy Advisory Council. The Coalition consists of up to 15 members to be appointed by the City Commission. A majority of the members shall be residents of the city. Members shall be appointed so that the membership shall be as follows: 3 Hospitality Industry Representatives, 2 Members of Law Enforcement, one from the Bozeman Police Department and the other from the Sheriff's Office, Montana Highway Patrol, or Montana State University, 2 Prevention Specialists, 1 MSU Student, 1 MSU Faculty or Staff Member, 1 Bozeman High School Student, 1 Bozeman School District Representative, 1 Medical Community Representative, 1 Non-Hospitality Local Business Representative, 1 Neighborhood Association Representative, and 1 Interested Citizen (who may or may not qualify in another capacity). Except for students who serve a 1-year renewable term, members shall serve 3-year staggered terms unless otherwise specifically noted, with terms to expire on June 30. 314 The Community Alcohol Coalition currently has eight ongoing vacancies, one term expired and two applicants. Re-applying Applicant: New Applicant: Jenna Caplette (chair & neighborhood assoc.) Keri-Lou McGinley (non-hospitality business) ALTERNATIVES: As suggested by the City Commission. Attachments: Board Applications 315 Date: 7/24/2012 Which Board or Commission are you applying for?: Community Alcohol Coalition Are you a new applicant or are you applying for another term.: Another Term Enter your first name: Jenna Enter your last name: Caplette Email Address: Physical Address: Phone Numbers: Length of time in the Bozeman area: 32 years Do you live in the city limits? (Depending on the board this may or may not be required.): Bozeman Occupation: Gallatin County DUI Task Force Coordinator Employer: Gallatin County Have you ever served on a City or County Board or Commission?: Yes - CAC Please explain your relevant qualifications, interests and experiences: As before: DUI Task Force, long- term downtown professional Please list a reference and a contact phone or email: Jenny Haubenreiser: List a 2nd reference with contact phone or email: Ken Spencer What representative position are you applying for?: Neighborhood rep The Bozeman City Charter voted in by the citizens of Bozeman in 2008 requires yearly ethics training. If appointed, do you understand you will be expected to take online and in person ethics trainings?: Bozeman Is there any other information you feel may be relevant to your application?: No How did you hear about this board or vacancy?: Already hold this board position. 316 CITY OF BOZEMAN, MONTANA APPLICATION FOR THE COMMUNITY ALCOHOL COALITION Date:__________________ Name: __________________________________________________________________ Physical Address: _________________________________________________________ Mailing Address (if different): _______________________________________________ Email: __________________________________________________________________ Phone(s): _______________________________________________________________ Length of time in the Bozeman area: _________________________________________ Occupation: ______________________________________________________________ Employer: _______________________________________________________________ Have you ever served on a City or County board? ________________________________ (If so, where, what board, and how long?) Please explain your relevant qualifications, interests, and experiences. References (Individual or Organization) Name: Phone: ___________________________________________________ __________________ ___________________________________________________ __________________ ___________________________________________________ __________________ This application is considered public record. Application contact information may be displayed on the City of Bozeman website. PLEASE NOTE: Per Ordinance No. 1759, revising Chapter 2.01 of the Bozeman Municipal Code, all board members are required to attend a yearly ethics workshop provided free of charge by the City as a condition of service as a member of a board. Applicants should apply as one of the following: hospitality industry representative; member of law enforcement; prevention specialist; MSU student; MSU staff or faculty member; Bozeman High School student; Bozeman School District representative; medical community representative; non-hospitality local business representative; neighborhood association representative; or interested citizen who may or may not qualify in another capacity. 317