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HomeMy WebLinkAbout2002-01-14 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA January 14, 2002 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, January 14, 2002, at 3:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner Marcia Youngman, Commissioner Lee Hietala, Commissioner Jarvis Brown, CommissionerAndrew Cetraro, City Manager Clark Johnson, Director of Public Service Debbie Arkell, Planning Director Andy Epple, City Attorney Paul Luwe and Clerk of the Commission Robin Sullivan. Si_~ninQ of Notice of Special MeetinQ Each of the Commissioners, in turn, signed the Notice of Special Meeting. Work Session - Continued "tour"/staff presentations re City operations This was the third and final segment of the "tour" and staff presentations regarding the various City operations. City Manager. City Manager Johnson noted that his office includes human resources, which has one employee, Pattie Berg, Personnel Director. It also includes Ron Brey as the Assistant City Manager, who undertakes a multitude of tasks and is the "one free assignable resource" for special projects. The GIS program is also under the City Manager, thus relieving the office of potential pressures from other departments. The final component in his office is the Information Technology Services, which currently has two employees. Mr. Aaron Hagen, Information Technology Services, noted this function has seen a tremendous amount of growth as the previous limited mail system and small network have been expanded to include web services, large scale mail and a comprehensive network system. He noted that the world has changed, and the result is heavy reliance upon computers. He characterized the City's system as fairly cutting edge, particularly when viewed in light of the systems in other local government entities in the state. He stated that the City's new web site was opened last January and, since that time, has had nearly 50,000 hits. He noted that he is also receiving e-mail from citizens on an almost daily basis, many thanking the City for the information available and others asking when other features will be added, such as pet licenses and business licenses on line. Mr. Hagen turned his attention to the telephone system, noting that a replacement system has been included in the capital improvement program. He indicated that he has just begun to look at different options, and the one he is gathering more information on is the same system currently being considered by the State and other governmental entities. He noted that it could result in reduced costs because it could use the existing data network system and would allow for connection to the County, the State and possibly other local governments without incurring long distance charges. He concluded by indicating that he is also working with the County since they are approaching a new telephone system in the same manner. Mr. Hagen concluded by turning his attention to the issue of licensing, noting that Microsoft is coming to Bozeman to do an audit, and failure to have adequate licenses can result in fines of $150,000 per deficit. He indicated that the City is currently operating on a thirty-day grace period in which to bring its licensing into compliance before the company begins its audit. City Manager Johnson stated his annual budget includes $9,000 for furniture throughout the building and monies for training opportunities for staff. In addition, he includes a "catch all" category in his budget to cover unanticipated costs throughout the year, citing the All America City award and the Olympic torch relay ceremonies as examples. 01-14-2002 -2- Clerk of the Commission. Clerk of the Commission Sullivan noted that she is hired by the Commission and serves as their employee; and her office has one full-time deputy. She noted that the Commission does her performance evaluation, but she is included in the pay for performance system recently implemented by the City Manager for all non-bargaining unit employees. She reviewed some of the performance measures in the budget, noting that eliminating the additional half-time employee in this year's budget will result in an inability to meet many of those measures. The Clerk noted that records management is a critical component of the office, since it is responsible for maintaining the City's permanent records. She stated that a new records retention schedule has been approved by the State and, after City Attorney review and approval, she will be seeking adoption by the Commission. Later this year, she hopes to begin building an electronic records storage and retrieval program and envisions that the information will later be networked and available to all City staff and subsequently to the public. She concluded by noting that keeping up with new technology will be a key issue over the next five years and voiced a willingness to meet the Commission's desires for any changes in this area. City Attorney. City Attorney Paul Luwe gave a power point presentation on his department, which includes three staff attorneys in addition to him and two secretaries. He cautioned that the Mayor, Commissioners, department heads and division heads may potentially be served with a lawsuit; and it is imperative that he be notified immediately if that occurs, since it is his department's responsibility to defend the City and response must be made within twenty days. He encouraged departments to be proactive, noting that the result is a reduction in exposure. He stated that a couple of years ago, his office developed its vision and mission statements as well as goals and task planning. As a result of that exercise, attorneys were assigned to specific departments within the City; and it has been his goal to have the attorneys integrated into and viewed as a part of the team for those departments. The City Attorney noted that his office is divided into criminal and civil functions and highlighted the components under each one. He noted that he had previously sought Commission direction on three policies and programs in his office; and the Commission affirmed that those programs should be continued. In addition, for Fiscal Year 2002, the Commission indicated an interest in addressing code enforcement issues, increased in-house handling of litigation and doing the work within a relatively normal work week; however, no additional funding was provided. As a result, his office has been unable to meet its performance measures and, on the prosecution side, aggressive prosecution of certain types of offenses will soon begin to suffer. He indicated that, with the change to self-government powers, one of the programs that can be eliminated is review of every document before it is placed on the Commission agenda for action, although he noted that his staff will continue to review the non-standard types of documents. City Attorney Luwe stated one concern is the unintentional disclosure of confidential information, due largely to the location of his office amidst other departments that have no right to that information. In an effort to address that issue on a short-term basis, he noted that awareness is critical and locking the doors at night can also help. The City Attorney concluded with his long-term forecast, which includes one additional attorney, one additional secretary and new office space or, in the alternative, a reduction of service. Finance. Administrative Services Director Miral Gamradt gave a power point presentation. He began with an overview of the five divisions in his department and the staffing in each of those divisions, which are administration, accounting, treasury, data processing and purchasing. He noted that Assistant Director Peg Biekert will be retiring this spring, and he does not anticipate any loss of time in his department with that departure. He concluded that portion of his presentation by reviewing the primary responsibilities in each of the areas. The Director then turned his attention to a financial overview of the City, noting the primary operating funds, which account for approximately 80 percent of the total, include the general fund, street maintenance district, water fund, wastewater fund and solid waste fund. He encouraged the Commissioners to look at the big picture rather than getting lost in the details. He stated the best indicator of a fund's financial condition for governmental funds is the fund balance, while the best indicator for enterprise funds is the working capital. He stressed that the accounting rules are totally different for the general fund versus the enterprise funds, with accumulated depreciation being included in the enterprise funds but not the general fund. 01-14-2002 -3- Administrative Services Director Gamradt stated that the purpose of the fund balance/working capital is to ensure solvency, cover unexpected expenditures, finance future operations and major capital projects and withstand revenue shortfalls. He stated that under the City's philosophy, the fund balance/ working capital may increase from year to year to cover the anticipated costs of a large project, then fall dramatically in the year that the project is completed. He cited the installation of a water line in the solvent site area in FY2002, at a cost of $1.5 million, and the anticipated installation of a water transmission line in FY2003, at an estimated cost of $2.2 million, as examples of projects being paid for with cash rather than being financed. He stated that, while this results in the fund balance/working capital being volatile, it does save money for the taxpayers of the community because all financing costs are avoided. Administrative Services Director Gamradt showed several graphs reflecting general fund revenues and expenditures and its balance, and the working capital in the three enterprise funds, stressing the importance of looking at trends rather than the actual figures. He noted that in the general fund, a conscious decision was made to expend more than received in Fiscal Years 1995, 1996 and 1997, with those expenditures being for one-time items. However, the balance also decreased in Fiscal Years 1999 and 2000, which was cause for alarm since those drops were unplanned. He noted that this past fiscal year did see a slight increase in the fund balance, signaling an end to that decline. The Director noted that, as a percentage of expenditures, the City's general fund balance is just over 20 percent, which is probably lower than the balance for other major cities in Montana. He stressed that there is no "right" percentage; rather, it is a level which provides adequate assurance that the fund will remain solvent. The Director turned his attention to the wastewater fund, which was nearly $1 million in the hole because of the Bozeman Solvent Site. After three or four sizable rate changes, the fund is now in good condition. About the time the surcharge for the solvent site was to be eliminated, the City received a $5 million grant that requires a $4 million match, so the Commission chose to use the monies generated from the surcharge for that match. The Director recommended that the City forego any rate increases in the wastewater fund for the next few years and then, when rates are dropped back, they be to the level of the current base rate plus inflationary increases for the intervening years. He concluded by reviewing the solid waste fund, noting that $2.7 million has been set aside for closure and monitoring of the landfilled areas for the next forty years. In addition, the costs of a new transfer station are projected at $2.4 million, and that will eliminate the balance in that fund. City Manager Johnson noted that these presentations conclude the tour of the City. He noted that, typically, the next step in the process has been for the Commission to define and prioritize its goals. That is followed by a town meeting, which has been scheduled for 7:00 p.m. on Thursday, February 7, at the Sacajawea Middle School. Break - 4:36 to 6:00 p.m. Mayor Kirchhoff declared a break from 4:36 p.m. to 6:00 p.m. pledge of Alleqiance and Moment of Silence The meeting was opened with the Pledge of Allegiance and a moment of silence. City Manager Johnson requested that the Findings of Fact and Order for Baxter Meadows Subdivision be removed from the Consent Items for discussion. Minutes - January 18, 2000, January 30, 2001, and January 5 and January 7, 2002 It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the minutes of the meetings of January 5 and January 7, 2002, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, and January 30, 2001, to a later date. 01-14-2002 -4- Consent Items City Manager Johnson presented to the Commission the following Consent Item. Claims It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Commission approve the Consent Item as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, CommissionerYoungman and Mayor Kirchhoff; those voting No, none. Ordinance No. 1555 - amending zoning designation from "R-3" to "B-2" on 1.21 acres described as Lots 1-5, Cleveland Subdivision (northeast corner of North 15th Avenue and West Main Street) Included in the Commissioners' packets was a copy of Ordinance No. 1555, entitled: ORDINANCE NO. 1555 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE BOZEMAN ZONE MAP BY AMENDING THE ZONING DESIGNATION FROM "R-3" (RESIDENTIAL, MEDIUM DENSITY DISTRICT) TO "B-2" (COMMUNITY BUSINESS DISTRICT), ON APPROXIMATELY 1.21+ ACRES OF LAND DESCRIBED AS LOTS t-5, CLEVELAND SUBDIVISION, BOZEMAN, MONTANA. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that Ordinance No. 1555, amending the zoning designation from "R-3", Residential, Medium-Density, to "B-2", Community Business, on 1.21 acres located at the northeast corner of the intersection of North 15th Avenue and West Main Street, be provisionally adopted and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, CommissionerYoungman, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. Request for clarification of Condition No. 8 for approval of Baxter Meadows Subdivision, Phase I, preliminary plat - Baxter Meadows Development, L.P. Included in the Commissioners' packets was a letter from Baxter Meadows Development, L.P., dated January 9, requesting clarification of the condition pertaining to design of Baxter Lane, a minor arterial, and Ferguson Avenue, a collector. Mr. Dale Beland, consulting planner, stated this request for clarification and possible modification focuses on the location of the bike lane. He noted the applicant is interested in having the bike lane interior to the boulevard rather than on the street. He concluded by reminding the Commission of the December 14 letter from the Bozeman Area Bicycle Board, which recommends the bike lanes be located within the street right-of-way. Mr. Bill Kreiger, Mith0n, reminded the Commission that their proposed development includes shops and houses as well as housing over retail stores along Baxter Lane, with parking along the sides. He further noted that a number of years ago, the Commission identified four areas as community commercial areas, in which the intent was to concentrate both working and living opportunities. He characterized this as a great idea; however, trying to parallel that concept with the 2001 update of the transportation plan is difficult. He noted that the grid system for moving traffic calls for collectors and arterials based on the quarter section lines, and that results in Dead Man's Gulch, Baxter Lane, West Oak Street, Davis Lane, Ferguson Avenue and Harper Puckett Road all being designated as either minor arterials or collectors through or adjacent to Baxter Meadows. He stated the design standards in the transportation plan include 50-foot-wide minor arterials that accommodate traffic speeds of 40 to 50 miles per hour and 48-foot-wide collectors that accommodate traffic speeds of 45 miles per hour. He stressed that, with traffic moving that fast, he thinks it is appropriate for the bicycle traffic to be separated from the vehicular traffic. 01-14-2002 5- Mr. Kreiger turned his attention to the proposed development within this subdivision, questioning why a road through the middle of a neighborhood in their new urban village, with front porches onto the street, should be designed for speeds of 45 miles per hour. He stated, rather, it is imperative that the street be designated as a local street. Mr. Kreiger stated that they are not proposing to'change anything on the periphery of the development, and are willing to accommodate the street designs and speeds. He indicated that if the cars are slowed down to urban speeds, bicycles could be better accommodated in the roadway. He then turned his attention to the proposed street standards, which had been posted on the wall, noting that four roundabouts, at distances of 800 to 1050 feet apart, and curb bulbs at certain intersections have been included in the design of Baxter Lane to ensure that the traffic is slowed. If the traffic is slowed, as proposed, then the bicycle lane away from the street could be used by small children on bicycles, pedestrians and baby buggies. He expressed concern, however, that with ten extra feet of paved area in the street to accommodate bicycle lanes, traffic will instinctively go faster. Responding to Commissioner Hietala, Mr. Kreiger stated there is 2650 feet of Baxter Lane through the subject development. Mr. James Nickelson, Morrison~Maierle, spoke on behalf of the City's Engineering Department. He stated that Baxter Lane is designated a minor arterial and Ferguson Avenue is designated a collector in the new transportation plan update. He encouraged the Commissioners to look beyond this one development and consider that streets are designed for the broader community, particularly as it grows over the next twenty years. He also encouraged the Commission to require that the sidewalks be constructed in the standard location, which is one foot off the property line, rather than where the applicant has proposed, to ensure that any possible future street improvements can be accommodated. He concluded by stating that bicycle facilities are to be provided on both sides of the street and noted that the Bicycle Advisory Board's recommendation is very clear. Mayor Kirchhoff noted that, during the Commission's consideration of the preliminary plat, they deferred to the Board's advice, which has been submitted in their December 14 letter. Responding to questions from Mayor Kirchhoff, Mr. Nickelson stated that sidewalks are a long-term improvement, as evidenced by sidewalks along South Willson Avenue which bear early 1900s stamped dates. He noted that, with the way the condition of approval is written, street improvements are to be in compliance with the transportation plan and adopted design guidelines. He then stressed that the design standards are the speeds which make the street a safe facility, not necessarily the speed at which the vehicles will travel. He noted that, in this instance, the roundabouts will slow traffic for a distance on both sides. He then stressed that collector and arterial streets are designed to move lots of traffic safely. Responding to Planning Director Epple, Mr. Nickelson confirmed that the four roundabouts were approved as part of the preliminary plat for Baxter Meadows, and the locations of the sidewalks and bicycle lanes were the only parts of the design that did not comply with the transportation plan. Ms. Alex Phillips, 9 South Bozeman Avenue, stated she is the immediate past chair of the Bozeman Area Bicycle Advisory Board, which is the board that made proposals for inclusion in the transportation plan update. She noted the overall plan for Baxter Meadows is a good one, and encouraged the Commission to ensure adequate provision for an alternative mode of transportation that is safe and continuous and is easily understood and used. She stressed that user conflicts arise when bicycles and pedestrians are expected to use the same facility. Mr. David Koltz, Bozeman Area Bicycle Advisory Board, stated the bicycle lanes give commuters a mechanism for quickly, efficiently and safely moving through the community, while bike paths serve the recreational cyclists. He noted that people under 15 may use the sidewalk as a bike facility, thus eliminating safety concerns for the young riders. Mr. Jerry Coffey, Bozeman Area Bicycle Advisory Board, stated that in an urban setting, a bike lane is better for the bicycling public, although bike paths are appropriate when set apart from high-speed highways, such as the Bozeman to Belgrade or Four Corners corridors. 01-14-2002 6- Mr. Joe Hamner, 111 Michael Grove Avenue, stated he lives in a high-density residential area and encouraged the inclusion of bike lanes along Baxter Lane. Mr. Bill Kreiger stressed that the transportation plan is a community-wide plan, not taking specific developments into consideration. He noted that bicycles can use Baxter Lane and Ferguson Avenue; itwas their hope to slow traffic by narrowing the street and not including a specific bicycle lane. He also noted this proposal is for two short sections of those roadways, and bicycles would not be required to leave the road in those areas. He indicated that the bike path is not designed for commuter traffic and will be kept clean for those wanting to use the facility. Responding to Commissioner Brown, Mr. Kreiger stated the planting strips are to be located 17% to 22% feet from the edge of the pavement, so that boulevard trees planted now would not be negatively impacted by potential future widening of the roadway to accommodate a turn lane or additional travel lanes. Commissioner Youngman stated that, while she recognizes the applicant's desire, she supports the Bicycle Advisory Board's recommendation. Responding to comments from Mayor Kirchhoff, Mr. Dale Beland noted that Condition No. 8 requires the road be consistent with the transportation plan. Break - 6:55 to 6:58 p.m. Mayor Kirchhoff declared a break from 6:55 p.m. to 6:58 p.m., in accordance with Commission policy. Request (continued) for clarification of Condition No. 8 for approval of Baxter Meadows Subdivision, Phase I, preliminary plat - Baxter Meadows Development, L.P. Mr. James Nickelson noted that in the transportation plan, Baxter Lane is designated a minor arterial. As a result, the section about to be approved by the Commission will include 5-foot-wide sidewalks in the standard location, 8-foot-wide parking lanes, 5-foot-wide bicycle lanes and 11-foot-wide driving lanes, with curb bulbs at various intersections which meet engineering standards. The driving lanes on Ferguson Avenue would be 10 feet wide, since it is designated as a collector. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Commission confirm the road standard for Baxter Lane under Condition No. 8 for approval of Baxter Meadows Subdivision, Phase I, is to be based on the Bozeman Area Bicycle Advisory Board's recommendation that the bike lanes be located in the street, as defined in the Greater Bozeman Area Transportation Plan, 200'1 Update, with the sidewalks to be placed in their standard location, one foot from the outside edge of the street right-of-way. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Brown and Mayor Kirchhoff; those voting No being Commissioner Hietala and Commissioner Cetraro. Authorize Mayor to siqn - Findinqs of Fact and Order - preliminary plat of Baxter Meadows Subdivision, Phase I, Planned Unit Development Subdivision (subdivide 64.66 acres into residential/ mixed use lots - part of the SWl/, and all of the SE% of Section 34, TlS, RSE, and the NE% of Section 3, T2S, RSE, MPM for mixed use development) (portion of phased subdivision bounded by Davis Lane, future Oak Street, Harper Puckett Road and future Deadman's Gulch) (P-0123) City Manager Johnson reminded the Commission that this item had been removed from the Consent Items for discussion. In light of the previous agenda item, the City Manager requested that action on the Findings of Fact be delayed for a period of one week to give staff an opportunity to revise the conditions prior to approval. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that action on the Findings of Fact be delayed for a period of one week. The motion carried by the following Aye and No vote: 01-14-2002 7- those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. Ordinance No. 1553 - amendinq the Bozeman Municipal Code by amendincj Sections 10.28.010 and 10.28.030 and adding Chapter 10.42, providinq for establishment of truck routes throuqhout the city, and repealing Sections 10.28.040 and 10.28.080 Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1553, entitled: ORDINANCE NO. 1553 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY AMENDING SECTIONS 10.28.010, 10.28.030, ADDING A NEW CHAPTER 10.42 PROVIDING FOR THE ESTABLISHMENT OF TRUCK ROUTES THROUGHOUT THE CITY OF BOZEMAN AND PROVIDING FOR THE REPEAL OF SECTIONS 10.28.040 AND 10.28.080 OF SAID CODE. Staff Attorney Patricia Day-Moore reminded the Commissioners that last spring, she was asked to draft a truck route ordinance; and, in December, the Commission held its first reading on the ordinance she had prepared. She stressed that this is an enabling ordinance only, giving the Commission the right to establish truck routes in the city but not establishing any routes at this time. She indicated that once specific routes have been identified, staffwill bring back a resolution for Commission consideration; and those routes will not go into effect until after the appropriate signage has been posted. Mr. Bill Ogle, Kenyon-Noble, reiterated his previous comments on this matter, stating he views this as an issue driven by the northeast neighborhood. He then asked if the trucking industry will be given an opportunity to provide input into the possible future designation of routes. Mr. Dan Guggenheim, 418 North Wallace Avenue, noted that the definition of a truck is based on the number of axles, which he understands is a practical matter. He recognized that the definition will eliminate several large vehicles, but he is concerned that other vehicles viewed as problematic would be exempted from the ordinance. Mr. Paul Wiese, 707 North Wallace Avenue, asked the Commission to adopt this ordinance, characterizing it as a necessary step in the growth of any community. He indicated this will provide for healthier and safer neighborhoods and will result in the greatest benefit to the community as a whole while modifying the behavior of a few. Ms. Julie Maxwell, 621 North Rouse Avenue, stated she views this mixed use neighborhood as a great neighborhood. She stated that establishing truck routes would be unfortunate; rather, she feels it would be better for the City to work with individual businesses. She concluded by comparing this situation to those who bought property next to O'Hare Airport when she lived in downtown Chicago, and then complained about the airplanes overhead. Mr. Jay O'Neil, Treasure State Oil, 622 East Tamarack Street, characterized this ordinance as one with no teeth that seems to benefit only a few and impact many. He stated that streets regulate themselves, with truck drivers avoiding narrow streets unless it is necessary. He noted that traffic studies since 1991 reveal 5 percent of the traffic on North Wallace Avenue is truck traffic, traveling an average of 23 to 24 miles per hour. He concluded by encouraging the Commission to "stand up and tell NENA 'no'". Mr. Christopher Nixon, 719 North Wallace Avenue, spoke in support of the ordinance, noting that truck routes are part of the growth process in communities across the country. Mr. Greg Poncelet, Montana Ready Mix, noted there are less than half a dozen residents along North Wallace Avenue pushing for this ordinance. He reminded the Commissioners that he had previously given them a list of 98 businesses that primarily used North Wallace Avenue; and truck traffic on that street is now less than it was fifteen years ago. He concluded by offering once again to take the Commissioners on a bus tour. 01-14-2002 8- Mr. Jon Gerster, 719 North Wallace Avenue, President of the Northeast Neighborhood Association (NENA), noted there are sixty residents on North Wallace Avenue, fifty residents on North Tracy Avenue, and forty residents on North 20th Avenue that are negatively impacted by truck traffic. He acknowledged that the city empties to the north, toward the interstate, so the streets on that side of the community are the most heavily impacted. He recognized that the northeast area has been traditionally mixed use; however, he noted that horses and wagons had much less impact than heavy trucks moving at a good speed. He stated the residents should be able to expect relief from the impacts of the trucking industry. He concluded by citing sections from the new transportation plan and stressing that this ordinance pertains to the entire community and not just the street on which he lives. Staff Attorney Day-Moore stated there will be an opportunity for public input when a resolution establishing truck routes is considered. She then reviewed the definition of a truck, cautioning that if vehicle weight is used, separate engineering studies will be required for each street to determine the amount of weight it can accommodate. Responding to Commissioner Hietala, City Attorney Luwe stated a public hearing is not required on a resolution; however, the Commission may receive public input on an agenda item. He then suggested that, if the Commission wishes to give the trucking industry an opportunity to provide input, it could direct the Director of Public Service to establish a mechanism for accepting that input. Commissioner Cetraro stated there are as many businesses as residences in the northeast sector. He does not feel it is appropriate to tell a business owner how to conduct his business and, therefore, he cannot support this ordinance. Commissioner Brown stated he relies on information from staff and suggested that the Commission require staff to obtain input from the trucking industry first. Commissioner Hietala suggested that Section 10.42.050 be revised to require a public hearing on any resolution establishing truck routes and alternate truck routes and to eliminate the phase "in its discretion" in the second sentence. Commissioner Cetraro stated that, while he feels the changes suggested by Commissioner Hietala are good ones, he cannot support the ordinance. Staff Attorney Day-Moore cautioned that the Commission cannot touch certain streets even with adoption of this ordinance. She indicated that staff is willing to meet with the trucking industry and other interested parties to develop a plan, then come back with a resolution establishing specific streets as truck routes. Following a public hearing, the Commission may then adopt, not adopt or amend the resolution. In response to Commissioner Hietala's request, Staff Attomey Day-Moore proposed that the first sentences of Section 10.42.050 be revised to read "The Commission will designate truck routes and alternate truck routes by separate resolution after a public hearing. Additionally, the Commission iN :,ts ~ may prohibit truck traffic on specific streets." She noted that this will require a public hearing whenever the Commission considers establishing or changing a truck route. Itwas moved by Commissioner Brown, seconded by CommissionerYoungman, that Ordinance No. 1553, providing for establishment of truck routes throughout the city, be finally adopted, as revised per the above discussion. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Youngman, Commissioner Hietala and Mayor Kirchhoff; those voting No being Commissioner Cetraro. 01-14-2002 -10- Ms. Kristin Hancock, stated she recently purchased the property and, at that time, had no idea the fence was not within code. She noted the fence is an important aspect of the property, providing privacy for the back yard. She indicated that, because she recognizes the safety issues, she will modify the fence to ensure it does not impact the street vision triangle. Ms. Carol Lister spoke in support of the app!ication, noting the fence has existed for as long as anyone in the area can remember. She stated that, with addressing the sight triangle issue, the safety concerns will be dealt with, and encouraged approval of this application. No one was present to speak in opposition to the requested deviation. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. Commissioner Brown noted that this property is fronted by South 3rd Avenue and South 4th Avenue where an alley would typically be located. Since this is a special case in a unique area, he supports the requested deviation. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Certificate of Appropriateness with a deviation from Section 18.50.070 of the Bozeman Municipal Code, as requested by Kristin B. Hancock under Application No. Z-01225, to allow retention of the existing fence on the south 10 feet of Lot 10 and Lots 11 and 12, Block 32, Capitol Hill Addition, which exceeds the four-foot height limitation for fences located in the corner side yard by two feet be approved, subject to the following conditions: The applicant shall provide for the construction of a street vision triangle, on the southwest corner of the subject property, per the requirements of Section 18.50.080 "Street Vision Triangle," of the City of Bozeman zoning ordinance. The applicant shall obtain a building permit within one year of Certificate of Appropriateness approval or this approval shall become null and void. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness application. Any modifications to the submitted and approved drawings shall invalidate the project's approval unless the applicant submits the proposed modifications for review and approval by the Planning Office prior to undertaking said modifications, as required by Section 18.62.040 of the Bozeman zone code. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Public hearinq - Certificate of Appropriateness with deviations from Section 18.18.050 of the Bozeman Municipal Code to allow construction of a two-car garage which encroaches 31/= feet into the required 5-foot side yard setback and 8% feet into the required 10-foot rear yard setback on fractional Lot 2, Guy's Addition - Kent Madin for 110 South Bozeman Avenue (Z-01236) This was the time and place set for the public hearing on the Certificate of Appropriateness with deviations from Section 18.18.050 of the Bozeman Municipal Code, as requested by Kent Madin under Application No. Z-01236, to allow construction of a two-car garage which encroaches 3% feet into the required 5-foot side yard setback and 8% feet into the required 10-foot rear yard setback on fractional Lot 2, Guy's Addition. The subject property is located at 110 South Bozeman Avenue. Mayor Kirchhoff opened the public headng. Historic Preservation Planner Jim Jenks presented the staff report. He reviewed the deviations granted by a previous Commission for 108 South Bozeman Avenue, which allowed an addition to the rear of the existing house and the construction of a garage which encroaches into the rear and side yard setbacks. The applicant, who owns both properties, is now seeking two deviations to allow demolition of 01-14-2002 11 - a single-car garage and construction of a two-car garage which encroaches into the rear and side yard setbacks for 110 South Bozeman Avenue. The applicant is also proposing to construct a 6-foot-high fence between 110 South Bozeman Avenue and 116 South Bozeman Avenue, to help mitigate potential impacts on that property. The Historic Preservation Planner stated that staff has reviewed this application against the criteria set forth in the zone code, and staff's comprehensive findings are contained in the written report. He indicated that, to date, staff has received five letters, three in support and two voicing concerns about granting the requested deviations. He indicated that, as a result of its review, staff has forwarded a recommendation for approval, subject to the five conditions contained in the written staff report. Mr. Kent Madin, applicant, distributed pictures of both of his properties, including a picture from overhead. He briefly reviewed those pictures, stating that the garages at 108 and 110 South Bozeman Avenue should help to alleviate some of the parking congestion, particularly in light of the on-street parking restrictions. Mr. Madin noted that the shared easement between 108 and 110 South Bozeman Avenue is very narrow, particularly with the ingress/windows and wells for the two-bedroom apartment in the basement of 108 South Bozeman Avenue. However, because he does not want to have all of the traffic for these two sites use the access along the south side of 110 South Bozeman Avenue, he felt the best alternative was to retain the driveways, which will serve the individual parcels. He stated the existing driveway between 110 and 116 South Bozeman Avenue is actually on the 110 property; a lean-to shed attached to the house precludes full use of the driveway for the 116 property. Mr. Madin voiced his disappointment with the concerns raised by Curtis Olson, 116 South Bozeman Avenue, in light of the efforts he has made to work with his neighbor. He concluded by cautioning that every inch the garage is moved to the north encroaches not only on the green space, but on the landscaping. Responding to Mayor Kirchhoff, Mr. Madin stated that one shared access easement for both properties will tie them together, making it more difficult to separate them for future sale; and he views these properties as his future retirement. Further responding to Mayor Kirchhoff, Mr. Madin stated he had proposed a fence between 110 and 116 South Bozeman Avenue, with the fence to be constructed from the back of the garage toward the front of the lot to minimize any possible impacts from the new garage location. Ms. Mary Kate Boling, 223 East Olive Street, spoke in support of the application. She stated that the lots in this area are narrow, with little flexibility for garages to accommodate today's vehicles and needs. She noted that a walk through the neighborhood reveals many garages on property lines, and it is important to allow deviations which minimize impacts on the back yards of those properties. She noted that this application will result in taking a total of six cars off the street. She concluded by encouraging Commission approval of this application. Mr. Lowell Springer, owner of 120 South Bozeman Avenue, voiced his appreciation for the applicant's efforts to improve this property and, thus, the entire neighborhood. He indicated support for the applicant and encouraged Commission approval. Mr. Mark Roberts, 213 East Olive Street, questioned the need for a two-car garage and its encroachment into the setbacks. He noted that he will see this garage from his back yard and questioned the scale of the project when the sizes of the back yards are taken into consideration. Planning Director Epple noted that the eave of the building cannot be closer than one-half the distance from the wall to the property line so, in this instance, the eave must be a minimum of nine inches from the property line. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Certificate of Appropriateness with deviations from Section 18.18.050 of the Bozeman Municipal Code, as requested by Kent Madin under Application No. 7-01236, to allow construction of a two-car garage which encroaches 3~ 01-14-2002 -12- feet into the required 5-foot side yard setback and 8~ feet into the required 10-foot rear yard setback on fractional Lot 2, Guy's Addition, be approved subject to the following conditions: The applicant shall design and construct the new garage in a manner which is both historically appropriate and in a style that is consistent with the architectural appearance of the dwelling at 110 South Bozeman Avenue. The construction of eaves along the eastern and southern elevations of said new garage shall not be over half the distance to the adjacent property lines. The new, six (6)- foot high fence, to be located along the south property line, shall be constructed of wood, and shall be made to appear consistent with the standards guiding fence construction and maintenance described in Section 18.050.070 "Fences, walls, and hedges," in the City of Bozeman Zoning Ordinance. The applicant shall obtain a building permit within one year of Certificate of Appropriateness approval or this approval shall become null and void. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness application. Any modifications to the submitted and approved drawings shall invalidate the project's approval unless the applicant submits the Proposed modifications for review and approval by the Planning Office prior to undertaking said modifications, as required by Section 18.62.040 of the Bozeman zone code. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, CommissionerYoungman and Mayor Kirchhoff; those voting No, none. Public hearinq - intent to annex 2.65 acres lying along the south side of West Babcock Street between Donna Avenue and Virqinia Drive (2928 West Babcock Street) - Glen Haven Properties, Inc. (A-0110) This was the time and place set for the public hearing on the intent to annex 2.65 acres located along the south side of West Babcock Street between Donna Avenue and Virginia Drive, requested by Glen Haven Properties, Inc., under Application No. A-0110, as set by Commission Resolution No. 3503, entitled: COMMISSION RESOLUTION NO. 3503 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Mayor Kirchhoff opened the public hearing. Assistant Planner Susan Kozub presented the staff report. She noted this application is to annex 2.65 acres lying along the south side of West Babcock Street at Michael Grove Avenue into the city limits. She briefly reviewed the surrounding zonings and land uses, noting that Babcock Meadows Subdivision lies to the south, east and west of the subject property and contains mostly single-family residences with some undeveloped multi-family lots remaining. To the north is multi-family residential development, also inside city limits. The Assistant Planner stated that staff has reviewed this application in light of the goals and policies set forth in Commission Resolution No. 3137, and staffs comprehensive findings are contained in the written staff report. She briefly highlighted those findings, forwarding staffs recommendation for approval, subject to the following items being addressed prior to or in the Annexation Agreement: 01-14-2002 -13- The owner shall record with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of SIDs to be filed with the Annexation Agreement for the following: a) A City-wide Parks Maintenance District; and b) Improvements to West Babcock Street including paving, curb and gutter, sidewalk, storm drainage. The document filed shall specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the said improvements on a fair share, proportionate basis such as square footage, taxable valuation of the property, traffic contribution from the development or a combination thereof. As the parcel is less than 10 acres in size, water rights, or cash in-lieu, must be provided at the time the Annexation Agreement is submitted. The applicant will be required to provide to the City a 45-foot easement for the south one-half of West Babcock Street at the time of annexation. At the time of development, any existing residences/businesses on the property must be connected to City water and sewer utilities and the existing on-site treatment systems properly abandoned. Any wells presently used for domestic purpose can be retained for irrigation only with no physical connection to domestic water piping. To provide municipal water and sanitary sewer to this parcel will require connection to the 10-inch water and sewer mains in West Babcock Street. Extension of the water and sanitary sewer mains to serve this parcel will require engineered plan and profile submittals provided to the City for review. Connection to municipal water and sanitary sewer service will require applications filed and fees paid including impact fees at the Building Department. The Annexation Agreement, which addresses all terms placed on the annexation application by the City Commission, shall be returned to the City of Bozeman Planning and Community Development Department within one year of a City Commission decision to annex the property, or annexation approval shall be null and void. The applicant shall submit an annexation map with a legal description of the property, show the existing public utilities (water, sewer, roadways and storm drainage) improvements on the property; and show adjacent developments (subdivision name, block and lots). The map shall also show rights-of-way and public easements within and adjacent to the property with the Annexation Agreement. The map must be supplied on a mylar (18 inches by 24 inches) for City records, one (1) digital copy on a double-sided, high density 3%-inch floppy disk and on either letter or legal size paper for recording with the Annexation Agreement by the Gallatin County Clerk and Recorder. The maps must be acceptable to the Director of Public Service. Pdor to any development on the subject annexation, a stormwater drainage and grading plan shall be provided to and approved by the City Engineer. The plan must demonstrate that adequate treatment of runoff from the public streets and all future lots will be achieved by providing spot elevations, flow direction arrows, detention/ retention basin details (including basin sizing calculations and basin typical sections), outlet structure details and culvert capacity calculations. The plan must also locate and provide easements for adequate drainage ways within the annexation area to transport treated runoff to the stormwater receiving channel. 01-14-2002 14- The applicant is advised that the subject property is in both the Main Mall Sewer Payback District and the SID No. 622 Water Payback. The required paybacks to these districts must be made prior to issuance of building permits. Prior to any development of the subject annexation the developer's engineer will be required to prepare a comprehensive design report evaluating the existing capacity of both the water and sewer utilities. The report must include hydraulic evaluations of each utility for both existing and post development demands. The report findings must demonstrate that adequate capacity is available to serve full development of the annexation area. If adequate water and/or sewer capacity is not available for the full development, the report must identify the water and sewer system improvements which are needed to provide that capacity. Any improvements necessary to serve the full development must be in place prior to further development of the site. 10. The applicant is advised that water mains in excess of 500 feet long must be looped. Responding to Commissioner Hietala, Planning Director Andy Epple stated it is standard practice to obtain 45-foot easements for West Babcock Street in conjunction with annexations along this corridor, since the eventual right-of-way width for that roadway is to be 90 feet. He indicated that, for those properties not voluntarily annexing or subdividing at this time, the City is negotiating for 32%-foot easements to accommodate the initial improvements to that roadway. Mr. Lowell Springer, architect representing the applicant, stated agreement with the recommended conditions of annexation. He indicated the owners plan to develop alternative affordable housing on this site, with garages and excess open space. Mr. Joe Hamner, 111 Michael Grove Avenue, stated he lives immediately north of this subject property. He recognized that not many neighbors are present at this meeting; rather, most of them will be in attendance at the hearing on the zoning designations, which is set for January 28. Since so many neighbors have concerns about the annexation and zoning of this property, he asked that the Commissioners delay action until after they've heard from those individuals. Mayor Kirchhoff stated that approval of the annexation does not indicate any position on a particular zone map amendment or development proposal. He noted that the City has a long-standing interest in consolidating the right-of-way for West Babcock Street, and he is not in favor of delaying the annexation. The other Commissioners voiced their concurrence with the Mayor's comments. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the Commission initially approve the request to annex 2.65 acres located along the south side of West Babcock Street between Donna Avenue and Virginia Drive, requested by Glen Haven Properties, Inc., under Application No. A-0110, and authorize and direct staff to bring back an annexation agreement addressing the items listed above for Commission review and possible action. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. Break - 8:38 to 8:42 p.m. Mayor Kirchhoff declared a break from 8:38 p.m. to 8:42 p.m., in accordance with Commission policy. Public hearinq - Zone Map Amendment from "R-'I" to "B-'I" - Christ the Kinq Lutheran Church - Lot 3, Block 4, Thompson's Addition (southeast corner of intersection of Kaqy Boulevard and South Third Avenue) (Z-01217) This was the time and place set for the public hearing on the Zone Map Amendment requested by Christ the King Lutheran Church under Application No. Z-01217, to amend the zoning from "R-I", 01-14-2002 15- Residential--Single-family, Low-density, to "B-I", Neighborhood Service, on Lot 3, Block 4, Thompson's Addition. The subject property is approximately 5 acres located at the southeast corner of the intersection of Kagy Boulevard and South Third Avenue. Mayor Kirchhoff opened the public hearing and announced that he will request a one-week continuance on this item, in light of the public input and requests received to date. Assistant Planner Susan Kozub presented the staff report. She noted that Figgins Creek runs along the southeast boundary of the subject 5-acre parcel, and structures must be a minimum of 35 feet from that stream corridor. Also, portions of the site are located within the 100-year and 500-year floodplains. Development within the floodplain is subject to appropriate permits; and there are requirements for constructing in the 100-year floodplain but no restrictions for the 500-year floodplain. She stressed that these issues would be addressed in conjunction with an application for development of this site, rather than during this zoning process. The artificial wetlands near the southeast property boundary will also require analysis during future development of the site. The Assistant Planner stated that staff has reviewed this application in light of the criteria contained in the zone code, and staff's comprehensive findings are contained in the written staff report. She briefly highlighted those findings, and forwarded staff's recommendation for approval, subject to the two standard conditions. The Assistant Planner stated that the Bozeman 2020 Community Plan designates this site to develop as "B-I". To date, sixteen letters and one petition have been received, with concerns including anticipated change in neighborhood character, floodplain and wetlands issues and traffic impacts. Since written protest has been received from more than 25 percent of the adjoiners or owners of lots within 150 feet, approval of this zone map amendment requires the affirmative vote of four of the five Commissioners. Responding to Mayor Kirchhoff, Planning Director Epple stated that one of the criteria considered in site plan review is conformance with the adopted growth plan, which gives the City the authority to invoke wetlands mitigation, even though that requirement is not specifically identified in the current zone code. He noted that any residential development including five units or more in a building or any commercial development would trigger the full list of criteria, including compliance with the community plan; however, residential development involving four or fewer units per structure would be subject to a very Iow level of review. Mr. Bill Ranard, applicant, stated he is the Chair of the Development Committee for the Christ the King Lutheran Church. He reported that 23 members of the church are present in support of this application. He stated theywish to move forward as soon as possible after a favorable decision, particularly since they have been trying to market this property for the past five years. He noted that the church purchased property at the corner of Durston Road and Flanders Mill Road two years ago, and that property has been recently annexed so they can proceed with building a new church in 2003. He stated that these activities now put sale of the subject property on the front burner and, to expedite the sale, they are seeking this rezoning. He expressed his delight that the recently adopted Bozeman 2020 Community Plan designates this parcel as neighborhood commercial, in part because it is located adjacent to two arterial streets. Mr. Ranard stated that the concerns voiced by the opponents at the Zoning Commission meeting are issues to be addressed in conjunction with a specific proposal from a new developer. He stressed that the new zoning provides no less protection than the current zoning and, in fact, may provide more protection because of the review processes it triggers. He stated that the church has been on this subject property for the past 35 years, and they have had no intention of doing anything with the area close to the creek or the natural wetland area. He suggested that those areas could meet open space requirements for any future development of the site. He concluded by citing from Chapters 6 and 8 of the Bozeman 2020 Community Plan and encouraged approval of this application. Mr. Johnnie Corrie, 2416 Fairway Drive, voiced support for the requested rezoning, but suggested the possibility of creating a new zoning designation that protects riparian corridors and existing wetlands. He noted that since 1800, 50 percent of the wetlands in the United States and 27 percent of the wetlands in Montana have been destroyed. He also voiced an interest in seeing commercial development which encourages bicycle and pedestrian traffic to the site rather than vehicular traffic, particularly since this site 01-14-2002 16- is adjacent to residential uses. He concluded by cautioning that loss of wetlands adjacent to development can be crippling to the function of the remaining wetlands and asked that their protection be ensured. Montie and Kathi Bare, 2109 South Tracy Avenue, spoke in opposition to the requested rezoning, noting that their property will be one of those most heavily impacted by any development across the creek on the subject property. They voiced interest in having a specific development proposal being submitted in conjunction with a requested rezoning, since there are too many unknowns under this process. Mrs. Bare noted that the church was given the opportunity to acquire this parcel when the residential area was created. She voiced concern that the church has only attempted to market this property as commercial rather than the underlying "R-I" zoning. She concluded by reiterating her opposition. Mrs. Suzanne Wilson, 2202 Highland Court, distributed copies of her husband's response to the Bozeman 2020 Community Plan and excerpts from the Montana Code Annotated to the Commissioners. Ms. Alexis Ragenovich, 1909 South Tracy Avenue, spoke in opposition, voicing concern that commercial development will wreck most, if not all, of the habitat that is currently enjoyed by a variety of birds and animals; and the presence of people will scare the animals away. She is also concerned about the loss of privacy as the trees are cut down and the attendant loss of property value. She noted there are enough businesses across Kagy Boulevard to serve the area's needs and concluded by encouraging denial. Mrs. Gloria Zimmer, 2103 South Tracy Avenue, stated they own a house abutting the church property. She asked for assurance that the strip of vegetation remain and indicated that, if it were to be retained, she would not object to the requested rezoning. Mr. Lowell Springer, 117 Hoffman Drive, stated he lives close to the subject property. He voiced concern that this rezoning seems to be dividing the neighborhood, citing his experiences with the development of Woodbrook Townhouses several years ago. He then stated that, while he hates to see the subject property developed, he feels that the requested "B-I" zoning is appropriate. He recognized that through the development process, the riparian and wetlands areas will be protected and encouraged approval of this application. Mr. Ted Huber, 615 Fieldstone Drive, indicated support for the requested rezoning. He noted, however, that he shares many of the concerns that have been voiced, and if he does not like a proposed project for the site, he will be supporting the neighbors in opposition to that application. Mr. Dane Gamble, 13 Hitching Post Road, stated no wetlands determination has been made on this property. He noted there is a recognized stream corridor across the property, and the assumption has been made that there are also wetlands. He spoke in favor of the requested rezoning, noting that this commercial node will be in close proximity to residential areas, and the public review process will ensure that any future development of the property will receive the scrutiny necessary to ensure that it is compatible with the area. Ms. Rhoda Coleman 19 Hill Street, submitted a letter from Mr. Henry Shovic and reviewed a letter she had submitted. She voiced her opposition to the requested rezoning, particularly the lights and extra noise that will result from development in a commercial zone. She stated that over 90 percent of the property owners in Westridge Subdivision oppose this requested change, and many of them have testified at this meeting. She noted that the existing Kagy Korner complex adequately meets the commercial needs of area residents. She concluded by stating that seller-motivated rezoning is inappropriate. Mr. Jim Howard, 2121 South Tracy Avenue, stated he is concerned about water in the area, noting that the water in the ditch has risen six to eight inches and he has encountered water problems in his basement since South Third Avenue was widened. He indicated that the creek is fed by springs and does not freeze; and filling and paving the site will simply put additional pressure on the drainage in the area. He concluded by encouraging the Commission to not approve this rezoning. Mr. Rick Fasching, 1610 Wildflower, stated that in his work, he has statewide responsibility for environmental protection, including surface water and groundwater. He noted that research completed several years ago found that, beyond the 30-foot-wide filter strip on both sides of a stream, there is no appreciable increase in non-point source protection. He also noted that the artificial wetlands on the property are the result of deterring the natural drainage. He indicated that he is not opposed to protecting 01-14-2002 17- wetlands, recognizing their aesthetic value. He concluded by encouraging Commission approval of the rezoning, stating it will allow for better protection against any degradation. Ms. Chandler Dayton, 716 East Peach Street, stated the 35-foot streambank setback is not working, and is failing to keep sediment out of the streams. She voiced concern that, as interpreted, this setback applies to buildings only, not retention ponds or paving. She spoke in support of the neighborhood concerns and asked the Commission to consider the protections identified in Chapter 8 of the Bozeman 2020 Community Plan, even though those have not yet been included in the zone code. Rev. Shelley Wickstrom, Pastor of Christ the King Lutheran Church, stated everyone is concerned about the trees and the stream, and those concerns will remain whether the property is zoned "R-I" or"B- 1". She then suggested one possibility might be to sell the strip of land south of the creek to the neighbors, as an extension of their back yards. Mr. Bob DuBose, 5020 Justin Lane, stated he attends this church and supports the proposed zone change. He briefly highlighted some of the concerns that have been voiced by the residents at both this and the previous public hearing: (1) protection of the creek, which will be ensured under either zoning designation; (2) building height--the same restrictions apply to both zones; and (3) traffic and noise, which will be addressed during a specific development proposal. He stressed that the overriding issue is compliance with the Bozeman 2020 Community Plan and encouraged approval. Mr. Alex Ragenovich, 1909 South Tracy Avenue, voiced opposition to the requested zone change. He stressed that those speaking in opposition are not against development; rather, they are opposing the proposed new zoning. He noted that, in the absence of a specific development proposal, any and all potential ramifications of the zone change must be considered. He encouraged, the Commissioners to consider the reason for zoning and the protections that zoning is supposed to give people in the area. He suggested that other zoning designations, such as "R-O" might be more appropriate for this subject parcel. He recognized that the Bozeman 2020 Commun#yPlan identifies this property for neighborhood commercial development and stated that, while it might be an appropriate use in 2019, it is not in 2002. He noted that nine of the eleven adjoining property owners have signed the petition of opposition, and the tenth owner has spoken in opposition at this hearing. He concluded by encouraging the Commission to not approve this application. Mr. Tom Stenzel, 2117 South Tracy Avenue, stated that he, too, is opposed to the application, and indicated his concurrence with the comments from previous speakers. He then noted that he has letters of opposition on file which enumerate his concerns. Mr. Jon Gerster, 719 North Wallace Avenue, stressed the importance of addressing the riparian issues, noting that the existing setbacks are not working. He stated that these areas are valuable, not only aesthetically; but they also keep the community functioning properly because they provide a tool for managing floods. He characterized wetlands and water sources as beautiful resources to be protected, and voiced concern that the potential buyer may see only the opportunity for profit and not the beauty of the existing site. Mr. Merlin Nelson, 552 Concord, encouraged approval of the requested rezoning. He stated that the 100 and 500-year floodplain profiles are reflected on the drawing. He noted, with interest, that if the 35- foot setback were applied to the houses in the existing subdivision, three or four of them would encroach into that setback. Mr. Rock Moler, 710 North 3rd Avenue, noted he is a member of the church and supports the zone change. Mr. Ken Gallik, 15 Hill Street, voiced his opposition to the zone change, for the same reasons identified by others. Mr. Lloyd Bender, 2014 South Tracy Avenue, noted that he has submitted written testimony in opposition to the requested rezoning. He asked the Commission to slow down, study the issue and visit the site, and encouraged them to vote against this application. 01-14-2002 -18- Assistant Planner Kozub noted that, under site plan review, the mature vegetation and stream corridor will likely be protected. Responding to Mayor Kirchhoff, Planning Director Epple cautioned that the rezoning cannot include a limitation on the uses allowed. Responding to Commissioner Cetraro, the Planning Director indicated that the only lower zoning designation that could be considered under the land use designation would be an "R-O" zone. Mr. Bill Ranard noted that the church purchased this property in 1967 and just bumed its mortgage six months ago. He stated that when the church first considered putting this property on the market five years ago, he talked to most of the property owners in the area; and one individual voiced interest in possible purchase at that time. Mayor Kirchhoff continued the public hearing to 7:00 p.m. on Tuesday, January 22. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1) Letter from the Local Government Center, dated January 7, regarding invitation to present a workshop to the Commission beginning at 1:30 p.m. on Monday, January 28. Mayor Kirchhoff asked the Commissioners if they are interested in scheduling a special meeting for this proposed workshop; the Commissioners indicated that they are. (2) Copy of an e-mail letter from Ken Tiahrt to Commissioner Brown regarding street maintenance. (3) Letter from seven-year-old Genevieve Trygstad-Burke regarding farmland and WalMart. (4) Copy of a letter to the editor, as submitted by Ed McCrone, regarding property dghts. (5) Letters from Mr. and Mrs. W. W. Williams and Mary Faith Ryffel requesting that the Commission reconsider its approval of an exotic pet license for the pot bellied pig at 206 Pioneer Drive. (6) Copy of a press release announcing a meeting scheduled for 11:00 a.m. on Thursday, January 17, regarding improvement of the water quality in Bozeman Creek, along with letters from Steve Kelly and Chandler Dayton asking that the Commission consider interim zoning regulations to protect water courses through the community. (7) Listing of Commissioner liaison/member appointments to various boards and committees, in preparation for appointments at next week's meeting. Mayor Kirchhoff asked the Commissioners to list, either on the form prepared by the Clerk of the Commission or by e-mail, the five or six boards on which they are most interested in serving and submit that information to him by Thursday so he can compile it in preparation for next Tuesday's meeting. (8) Memo from Assistant City Manager Ron Brey, dated January 14, forwarding citizen concems about the City's snow removal policies for residential streets. (9) January 9. Agenda for the Community Affordable Housing Advisory Board meeting which was held on (10) Agenda for the meeting of the Open Lands Board of Gallatin County, to be held at 7:00 p.m. on Monday, January 14, at the Bozeman Public Library. (11) Agenda for the School District No. 7 Board meeting to be held at 7:00 p.m. on Monday, January 14, at the Willson School. 01-14-2002 -19- (12) Agenda for the County Commission meetings to be held at 9:00 a.m. on Tuesday, January 15, at the Willson School Board Room, and at 1:30 p.m. on Wednesday, January 16, at the Belgrade City Council Chambers. (13) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, January 15, at the Professional Building. (14) Agendas for the Zoning Commission meeting to be held at 7:00 p.m. and the City Planning Board meeting to be held at 7:30 p.m. on Tuesday,' January 15, in the Commission Room. (15) Agenda for the Bozeman Area Transportation Coordinating Committee meeting to be held at 9:30 a.m. on Wednesday, January 16, in the Commission Room. Adjournment - 10:19 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Hietala, seconded by Commissioner Cetraro, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Cetraro, Commissioner Youngman, Commissioner Brown and Mayor Kirchhoff; those voting No, none. ATTEST: ROBIN L. SULLIVAN Clerk of the Commission 01-14-2002