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HomeMy WebLinkAbout2001-09-10 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA September 10, 2001 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, September 10, 2001, at 6:00 p.m. Present were Mayor Youngman, Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, City Manager Johnson, Planning Director Epple, City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. City Manager Johnson requested that award of the bid for historic lighting in the downtown be removed from the agenda for further staff review. Minutes - January 18 and February 7, 2000, and January 30, April 20, August 27 and September 4, 2001 Mayor Youngman deferred action on the minutes of the meetings of January 18 and February 7, 2000, and January 30, April 20, August 27 and September 4, 2001to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Acknowledge receipt of petition from Edward C. McCrone to deannex The Mill; refer to staff Commission Resolution No. 3473 - approving application of Lattice Materials for tax reduction COMMISSION RESOLUTION NO. 3473 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING THE APPLICATION OF LATTICE MATERIALS CORPORATION FOR TAX REDUCTION UNDER SECTION 15-24-1401, ETS£Q., MONTANA CODE ANNOTATED, AND CITY OF BOZEMAN COMMISSION RESOLUTION NO. 2660. Commission Resolution No. 3474 - settin.cl i~ublic hearing on request for tax reduction submitted by Color World for September 24, 2001 COMMISSION RESOLUTION NO. 3474 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING A PUBLIC HEARING TO HEAR PUBLIC COMMENT ON THE APPLICATION OF COLOR WORLD PRINTERS FOR TAX REDUCTION UNDER SECTION 15o24-1401, ET SEQ, MONTANA CODE ANNOTATED AND CITY OF BOZEMAN COMMISSION RESOLUTION NO. 2660. Authorize City Manager to sign - Professional Services Agreement with Morrison- Maierle, Inc., Bozeman, Montana - proposed SID for improvements to Durston Road between North 19th Avenue and Fowler Avenue 09-10-2001 2- Award bid - backhoe/loader for Cemetery - Kamp Implement, Belgrade, Montana - in total bid amount of $59,327.00 Claims It was moved by Commissioner Brown, seconded by Commissioner Frost, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff and Mayor Youngman; those voting No, none. Presentation from Green Mountain Alliance re proposed drilling of exploratory wells for coalbed methane Included in the Commissioners' packets was a packet of information submitted by the Green Mountain Alliance. Ms. Susan MacGrath, 4800 Meadow Lane, distributed copies of a letter of opposition from Frontline Processing to the County Commission, dated August 23, and a packet of information from Wyoming's Powder River Basin, where coalbed methane development has occurred. She encouraged the Commissioners to look at the color pictures, which graphically depict the devastation that can result from drilling for coalbed methane. Ms. MacGrath stated that J.M. Huber's proposal is to drill an exploratory well in Section 11, basically across the road from Malmborg School, approximately one mile from Interstate 90. She noted the well is estimated to be operational for three weeks; however, in Wyoming some exploratory wells were operational for up to six months. She identified negative impacts from even just one exploratory well, including one acre of destruction, noise 24 hours a day, visual impacts, safety issues, and potential water depletion and contamination. She stated that if the exploratory well proves feasible and production is undertaken, J.M. Huber's proposal includes 130 production wells on 18,000 acres of leased land. She stated the pressure stations create a noise that sounds like jet engines, and the wells will also result in landscape destruction, increased traffic congestion, increased safety concerns, impacts on the groundwater, and impacts on wildlife. Ms. MacGrath stated that in the extraction operation, 17,000 gallons of water will be pumped per well per day; and 130 wells could result in negative impacts on residential wells in the area. She noted that some wells are already running dry; hers is 2§0 feet deep and some of the wells are 400 to §00 feet deep. She also voiced concern that, even if the wells don't go dry, there is a potential for water contamination through reinjection or allowing the water to run onto the land and into the rivers. Ms. MacGrath turned her attention to what is wrong with one exploratory well, noting the biggest indirect effect is opening the doors to mining industry. She stated that, as a gateway to Yellowstone Park, Bozeman is held to a high standard and must protect its natural beauty, clean environment and outdoor opportunities. She cautioned that it could also impact the economic base of Bozeman, since businesses, especially high tech businesses, will no longer be attracted to the area. Responding to questions from Commissioner Smiley, Ms. MacGrath stated she has seen ordinances requiring sound barriers around compressor stations, however, she is not aware if any wells have been installed under those requirements. She also noted that mufflers can be installed on drilling rigs and new technology pumps make less noise. Mayor Youngman noted that she has drafted a letter of testimony, which was distributed just prior to the meeting. She suggested revisions to the letter, to include a change in addressee from Gallatin County Commission to the Bridger Canyon Planning and Zoning Commission and a new bullet at the bottom to require noise mitigation, in light of impacts on both humans and wildlife. 09-10-2001 -3- As the result of Commissioner discussion, it was determined the letter should stop before the last sentence of the last paragraph, thus eliminating the option for approval with stringent conditions as a part of the City Commission's position. The Mayor indicated that she can simply give those suggested conditions to one of the Commission members so they can be considered in the event the Commission chooses to grant approval. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Commission forward the letter of opposition to the Bridger Canyon Planning and Zoning Commission, as revised by the above conversation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown and Mayor Youngman; those voting No, none. Ordinance No. 1546 - replacing City's official map referenced in Chapter 18.06, Bozeman Municipal Code, with a new official zonino mar) Included in the Commissioners' packets as a copy of Ordinance No. 1546, as approved by the City Attorney, entitled: ORDINANCE NO. 1546 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, REPLACING THE EXISTING OFFICIAL ZONING MAP REFERENCED IN CHAPTER 18.06 OF THE BOZEMAN MUNICIPAL CODE WITH A NEW OFFICIAL ZONING MAP. GIS Manager Jon Henderson presented the new zoning map, noting that he took the old mylar map and redrew it into the computer with color coded zoning districts. He indicated that the new format will be easier to read and easier to update as zone changes occur. He also reviewed the revisions that will be made in the process of adopting new zone map amendments, since they will include the adoption of a new zone map that reflects the change. City Attorney Luwe cautioned that a zone code amendment will be required to allow the procedure outlined by GIS Manager Henderson, and staff will be processing that in the next few weeks. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that Ordinance No. 1546, replacing the City's official map with a new official zoning map, be provisionally adopted and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost and Mayor Youngman; those voting No, none. Appointments to boards and commissions - (a) Water Conservation Plan Citizen Review Panel. (b) Board of Appeals, (c) Bozeman Area Bicycle Advisory Board, (d) Community Affordable Housing Advisory Board, (e) Fire Code Board of Appeals, (f) Historic Preservation Advisory Board, and ((~) Tax Increment Financing Industrial District (TIFID) Board Included in the Commissioners' packets was a memo from Deputy Clerk of the Commission Karen DeLathower, dated September 6, 2001, forwarding applications for the vacancies on the various boards and commissions. Mayor Youngman indicated that she is working with Project Engineer Rick Hixson in identifying the specific positions to be represented on the Water Conservation Plan Citizen Review Panel, and asked that appointment of the panel be placed on next week's agenda. She asked the Commissioner liaisons for those boards for which there are no applications to contact their boards and solicit applications. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that Amy Beausoliel be appointed to replace Jennifer Cronfield as the Main Street representative and that Todd Wilkinson 09-10-2001 -4- be appointed to replace Margaret Caven Heisick as an at-large member on the Historic Preservation Advisory Board, with initial terms to expire on June 30, 2004. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown and Mayor Youngman; those voting No, none. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1) Letter from Tim and Char Mclnnis, dated August 30, voicing concern that no major improvements have been made on West Babcock Street and Durston Road in the past decade, despite continued development. (2) Letter from the Gallatin Development Corporation, dated September 4, requesting a meeting with the Commission to discuss impacts of the proposed living wage ordinance. City Manager Johnson asked if the Commission wishes to meet with representatives from Gallatin Development Corporation or if it wishes to proceed to a public hearing. Commissioner Kirchhoff stated he plans to contact the Executive Director of GDC within the next few days and suggested that he could ask for additional information to be submitted either in writing or verbally during the public hearing, stressing the Commission's interest in a detailed analysis of the proposed ordinance and any suggested revisions. The Commissioners concurred, and recognized the importance of receiving productive input from both sides that includes those elements that are totally unacceptable and any possible modifications that might make the ordinance tolerable. (3) Letter from Carl Esbjornson, dated September 6, regarding the living wage issue. (4) Letter from Lisa and Ralph Juliano, dated August 30, regarding the coalbed methane mining proposal submitted by J.M. Huber Corporation. (5) Copy of a letter from Engineering Assistant Andy Kerr to affected property owners, dated September 4, notifying them of parking limitations on the south side of the 1100 and 1200 blocks of West Lincoln Street. (6) Copy of a public notice that the compost collection program will end on September 14. (7) Copy of a notice that Highway 10 at the intersection of Springhill Road will be closed for two days due to installation of the solvent site water main. (8) Newsletter from Headwaters Recycling announcing that its next meeting will be held on September 12 in Three Forks. (9) Agenda for the Bozeman School District No. 7 Board of Trustees meeting to be held at 7:00 p.m. tonight at the Willson School. (10) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, September 11, at the Ruby Theatre in Three Forks. (11) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, September 11, at the Professional Building. (12) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, September 11, at the Professional Building. 09-10-2001 -5- (13) City Manager Johnson announced that he is attending Montana State University's retreat on strategic planning as one of two community members. (14) Planning Director Epple submitted the following. (1) Announced that the Design Review Board will consider revised plans for Brookside II at tomorrow's meeting. (2) Indicated that on Wednesday afternoon, a group of City staff will review the Baxter Meadows PUD plans, under the new fast track process. (3) Stated he will be meeting with the owner of The Story Mill later this week to discuss permitting procedures. (4) Stated that a new planner will begin work next Monday. (15) City Attorney Luwe indicated that the noise ordinance will be on the September 24 agenda for possible final adoption. Break - 6:46 to 7:00 p.m. Mayor Youngman declared a break from 6:46 p.m. to Commission policy. 7:00 p.m., in accordance with Continued public hearing - Bozeman 2020 Community Plan (P-9851) This was the time and place set for the continued public hearing on the Bozeman 2020 Community Plan. Mayor Youngman reopened the continued public hearing. Previously distributed to the Commission were two sets of written comments and the Planning Board's recommendation. Forwarded in this packet were a memo from Associate Planner Saunders, dated September 6, forwarding a recommended minor change, and additional written comments received after the Planning Board had completed its process. Associate Planner Jody (Olsen) Sanford gave a brief overview of the public outreach program, noting the Planning Board's major goal was to ensure that very citizen in the area was aware the City was producing a new community plan. The Board chose a variety of outreach activities, including a mix of event locations, dates and times, in an effort to "provide something for everyone". The program began in October 1999, with a community characteristic survey sent to 1200 households. That survey provided needed socio-economic, housing and demographic information, since the 1990 census was too old and the 2000 census data was not yet completed. In November 1999, the kick- off event was conducted, and that consisted of meetings held on four consecutive nights. Approximately 300 people attended those meetings, at which information on the process was provided and input on citizen issues, concerns and preferences was gathered. The Associate Planner stated the next step was focus group sessions, in which 65 people participated. During those sessions, the preliminary goals and objectives of the plan were identified. That step was followed by hosting a booth at the BACC II trade show, which was attended by 5,000 people. In June 2000, a land use alternative charette was held. This was a three-day event facilitated by a team of design professionals, and approximately 80 members of the public. Subsequently, a visual preferencing activity was held at various elementary schools and the senior center, and approximately 100 people provided their input. In September 2000, a second round of focus group sessions was held, with about 60 people participating. The final activity was in January 2001, when a series of four wrap-up open houses was held, with preliminary maps and work on display. Associate Planner Sanford reviewed the publicity materials which were prepared in conjunction with the development of the plan, including tip sheets, newsletters, television and radio interviews, display ads, newspaper articles and editorials, radio shows and postings on the City's web site. The Associate Planner concluded by stating the City Planning Board held three public hearings on the plan in April and May 2001. Based on the information collected and input submitted, the 09-10-2001 6- Board forwarded its recommendation for approval, subject to a significant number of changes. She noted that this input has been previously forwarded to the Commissioners for their review. Associate Planner Chris Saunders gave a quick overview of the 2020 Community Plan noting that, under State statutes, the Planning Board is responsible for drafting and submitting the growth plan and the City Commission is responsible for reviewing that document and taking action to implement it. The Associate Planner stated that the Planning Board considered the input received during its three public hearing as well as 38 letters. The staff and Board identified slightly more than 100 concerns, issues or suggestions for revisions in the input; and that input has been tabulated with specific changes to be made and the tabulation attached to the Planning Board's resolution. He noted that extensive revisions have been proposed for Chapters 6, 7 and 9, so the entire chapters have been reprinted with underlines and strikeouts. Associate Planner Saunders stated the plan includes written text, maps and textual graphics. Also, six major land use principles have been identified, and steps have been taken to ensure that the goals and objectives are mutually supportive and internally consistent. Further, efforts have been made to ensure that the land use plan coordinates with other planning processes, such as the facilities plans for water and sewer and the transportation plan. If questions arise between the documents, the 2020 Community Plan will be dominant. He indicated that the plan looks at a twenty-year horizon and serves as a representation of the community as it is today and where it is to be headed. The Associate Planner reminded the Commission that when the process was undertaken, the joint city-county planning program was in place. That program was subsequently dissolved, so this document is now binding only within the Bozeman city limits and is advisory for those properties outside city limits. He indicated that the City must review this document at least every five years under State statutes, and automatic review will also be triggered at a variety of thresholds to ensure the plan stays current with the needs of the community. He stressed that this plan cannot address every issue. Associate Planner Saunders turned his attention to the memo dated September 10, which was distributed just prior to the meeting. He stated the revisions in this memo pertain to the limited residential land use classification, which is one of the most complex and difficult to address. Also, he indicated that a revision has been proposed to the definition for the surburban residential land use designation to more accurately reflect existing conditions. He noted that six major activities are involved in the preparation of a growth plan; the first three have been completed, the Commission is on the fourth step, and the final steps include Commission review of the plan and input provided and adoption of the plan as the official policy by resolution. Mr.. Lowell Springer, 117 Hoffman Drive, stated the essence of the important issues from his comments at previous meetings has been incorporated into the proposed revisions for this document. He characterized the 2020 Community Plan as a good start, encouraging the Commissioners to view it as a changeable document. He voiced concern that some issues he feels are valid have not been incorporated into the document, however; and he is concerned that failure to do so will result in an unnecessary divisiveness and bickering. He indicated that most of those issues revolve around land use designations, and suggested that they be addressed quickly. Mr. Tom Anacker, attorney representing Jerry and Carlene Swenson, indicated his clients own property along the south side of Valley Center Road, immediately north of the new school bus barn and divided by North 27th Avenue. He noted that previous plans for development of a portion of this property were submitted during the "time of confusion", when the joint city-county planning program was being dissolved and the County was assuming jurisdiction over the "donut". Subsequently, his clients joined with other landowners in the North 27th Avenue area to develop a master plan for development of that area, and dedicated land for the extension of North 27th Avenue and provided water and sewer easements. He noted that this document is now advisory only until the property is annexed; and the land use designations include commercial to the east and residential to the west of North 27th Avenue. The neighborhood plan, however, proposes business park use to the west of North 27th Avenue; and that is how his client has anticipated developing the property. Further, his 09-10-2001 7- client has an agreement with the Vanimans, who own the property immediately to the west and south, dated March 2000, which allows for business park development; and copies of that agreement have previously been submitted to the Planning Director and the City Manager. He noted that North 27th Avenue and Valley Center Road are designated as a collector and an arterial, and it makes sense to allow for commercial nodes along those roadways, to buffer the residential uses to the west. He concluded by asking that the Commission carefully consider the land use designation for this property. Mr. Bob Lee, Morrison-Maierle, provided a history on the long-term planning for this property, posting the neighborhood plan which was submitted in 1999. He noted that this plan represents 190 acres and five property owners, including the 60 acres owned by the Swensons. He stated that this plan includes an offset of North 27th Avenue by approximately 300 feet. He stressed that the plan is designed to transition from the high intensity commercial development along North 19th Avenue to residential along the western portion of the site. He recognized that North 27th Avenue has been identified as the dividing line between commercial and residential development; however, he suggested that allowing commercial development along both sides of North 27th Avenue, which has been designated as a collector, may be more appropriate, transitioning into residential development to the west. He also proposed that the property along the south side of Valley Center Road, which is designated as an arterial, be designated as commercial, with the western portion of the property being zoned "BP". He noted that, in addition to the adjacent roadways, there are highways and the railroad immediately to the north of the site, business to the east and the school bus barn to the south. He noted that the landowner has an agreement with the Vanimans to the west which helps protect the integrity of the area, and asked that an adjustment be made on the land use map for this parcel. Responding to Planning Director Epple, Mr. Lee stated the land is split into the west 25 acres and the east 35 acres. Mr. Harry Murphy, representing the Swensons, reviewed the existing zoning designations and land uses, stating that the feathering of commercial into lower and lower uses makes good sense, and "R-0" can serve to screen and to transition into residential. He cautioned that to zone the property next to the bus barn as residential would be a serious mistake, perpetuating the problem that has just been eliminated with the relocation of the school buses from a residential area. Mr. Jon Gerster, 719 North Wallace Avenue, stated his neighborhood lived with the school buses for forty years, and he recognizes the benefits of feathering the uses from the heavier commercial and industrial uses into residential development. He turned has attention to the northeast area, voicing his disappointment that the land use map still designates that area as "M-1 ". He noted the Northeast Neighborhood Association has talked about the possibility of designating the area as historic mixed use to ensure the oldest established neighborhood in Bozeman is protected. He indicated that the historic mixed use designation would protect the residential component and would allow homes to be sold more easily since banks will not finance a home in an industrial zone. He concluded by asking that the land use map be amended to provide for the HMU designation. Ms. Susan Swimley, attorney representing Goldensteins, noted her clients have property along the south side of Goldenstein Lane. She voiced appreciation for the Planning staff's continued communication on important issues, particularly the limited residential designation. She noted that her clients' property is designated as limited residential, which means inappropriate for development unless annexed, while the property on the northeast and northwest sides are designated for high density development. She stated the map should be a guide for future annexation, and she does not feel limited residential is a good guide. Ms. Swimley briefly highlighted her letter, which was distributed to the Commission just prior to the meeting. She noted the letter outlines a number of requests, particularly since this property is adjacent to city limits. She recognized that the City has sewer and water issues in the area; however, she feels that the map should provide guidance on future planning for the site. She noted that the Goldensteins have farmed this land for many years, as the community has continued to grow out to them. She acknowledged that, ideally, the property won't be developed under the 2020 plan, but her clients must also look to the future. She concluded by once again voicing concern that the limited residential designation does not provide adequate guidance. 09-10-2001 8- Break - 8:05 to 8:15 p.m. Mayor Youngman declared a break from 8:05 p.m. to 8:15 p.m., Commission policy. in accordance with Continued public hearing (continued) - Bozeman 2020 Community Plan (P-9851) Carl Esbjornson, 236 Marilyn Court, stated he lives in a neighborhood which has problems with adjacent development, underscoring the need for strong community standards and strong enforcement. He voiced appreciation for those involved in developing this plan, noting it has a vision and leadership for the future of the community, including a more humane approach. He characterized the northeast sector of the community as an interesting and unique area and voiced his support for taking the steps necessary to protect it. He indicated support for bike lanes, sidewalks, neighborhood business districts, parks and green spaces and public transit, noting those are all elements that make a community livable and walkable. He encouraged the promoting of aesthetic qualities, noting that Bozeman should be distinguishable from "Anytown USA", and he feels this document does that. He concluded by encouraging adoption of the plan, recognizing it will not be easy to implement. Mr. Steve White, 3800 Blackwood Road, distributed copies of his written testimony to the Commissioners, commending the Commission for devoting so much time and energy to the 2020 plan. He stated, however, he is concerned about the limited residential designation. He noted that his property is not reflected on the map; however, he feels like "pac man's coming our way". He stated that his family has ranched their property since 1864; and he is concerned that Commission adoption of a plan which may affect the future use and development of that property could be considered a taking. He concluded by characterizing limited residential as an unfair classification, and suggested that only those properties within city limits be included on the land use map. Mrs. Hallie Rugheimer, 1400 Story Mill Road, stated that the limited residential classification is also problematic for her family, and voiced concurrence with the comments from Mr. Springer and Ms. Swimley. Ms. Erica Skinger, 810 North 7th Avenue, voiced concerns about the impacts that pump sounds and other noises may have on residents, particularly in commercial/residential neighborhoods. She has also reviewed information on power generation, fuel cells and natural gas as well as alternative energy options that may be available in the future. She concluded by asking that the Commission carefully consider and protect those residential areas adjacent to commercial areas in this plan. Mr. Bill Phillips, 1629 South Church Avenue, stated he lives in an infill area, on ten acres with three houses. He noted that, several years ago, he applied for annexation and it was initially approved; however, the neighbors chose not to be involved and the issue was dropped. He stressed that one-acre lots don't work well, and concluded by encouraging the Commission to take steps that minimize the potential of sprawl. Mr. Lloyd Mandeville, 1001 Woodland Drive, suggested that the infill line on the master plan be drawn straight across Kagy Boulevard, noting that those properties lying north of Kagy Boulevard should naturally be annexed and developed. Mr. Lowell Springer, architect representing Cape-France, stated there are many specific areas on the land use map that need attention; and one of those is StoneRidge Subdivision. He noted that, during consideration of this subdivision in 1997, the neighborhood residents spoke in support of a project with professional offices and commercial uses because they were concerned that residential development between North 19th Avenue and their properties may not be desirable. However, this plan reflects residential development instead of professional offices and light commercial. He stated that his clients have invested over $1 million in infrastructure in this subdivision, based on the anticipation of commercial development, and are concerned about the residential land use reflected on the map. He concluded by asking that the Commission make the necessary changes prior to 09-10-2001 -9- adoption of this plan, or that this plan be made an interim document that can be easily changed without going through the entire amendment process. Mr. Bob Lee, Morrison-Maierle, stated the new proposed language for limited residential is a step in the right direction, noting that the previous language was a concern for many landowners. He noted that he has mixed emotions on planning outside the City's jurisdiction and stressed the importance of functional language if that area is included in the plan. He also indicated support for the proposal submitted by Ms. Swimley. He turned his attention to Chapter 6, voicing concern that there are discrepancies with the land use projections. He noted that the creation of neighborhood plans is recommended as an option, and suggested that area and sub-area plans also be made optional, since it is difficult for one property owner to drive the planning process for a large area. Associate Planner Chris Saunders stated he received a telephone call from Mr. William Madden, attorney representing Mr. Tim Barnard, owner of much of the property in Story Hills, reiterating some of the concerns identified in his letter of September 10, which was distributed just prior to the meeting. He noted that, under the present language, if parcels are consolidated, one may lose the ability to construct an additional unit on the property. He stated that Mr. Madden has also requested an additional statement that indicates the City has no intent to impair existing development rights. Associate Planner Saunders noted that a variety of concerns have been raised about the limited residential designation, stating the intent of this section was to identify those properties for which the City has the ability to provide services in a timely manner during the twenty-year life of this document. He stated complications arose when the County assumed jurisdiction of the extraterritorial area, thus shrinking the planning area for the City. He stressed that, as growth continues, the city must expand over the next ten to twenty years, and it important to identify where that growth could best occur. He noted that, in addition to the mandatory review every five years, the 2020 plan suggests the City maintain a bi-annual land use inventory of the community which includes identifying the land base and what portion of it is occupied. Commissioner Kirchhoff noted the Commission received a letter from a citizen some time ago suggesting the name "limited residential" is a handicap because it suggests constraint, and proposed the name be changed to something like "urban reserve". Responding to Mayor Youngman, the Associate Planner indicated the issue of a different name was discussed at the City Planning Board meeting. He noted that concern was also expressed that the designation somehow seemed to be an urban holding zone, which seems very similar to the former "donut". Commissioner Smiley expressed concern about the concept of the limited residential land use designation, characterizing it as poor planning and an effort to legislate outside city limits. Responding to questions from Commissioner Frost, the Associate Planner stated that City staff has met routinely with County staff in an effort to coordinate efforts; however, the County has the final authority. Mayor Youngman stated a land use designation should be included for those properties just outside city limits so people know where growth is anticipated. Commissioner Kirchhoff stressed that this is a planning document which can be used to identify those areas where development is not anticipated as well as areas where development may occur in the next twenty years. Mayor Youngman voiced her support for a land use designation which identifies anticipated future development outside city limits, characterizing it as a tool to encourage development where the City can best accommodate it. In response to comments from Associate Planner Saunders, the Mayor suggested that current infrastructure difficulties be added to the definition of limited residential. 09-10-2001 -10- Following review of the questions and issues raised during public testimony, the Associate Planner proposed that the notch between Sundance Springs Subdivision and Goldenstein Lane be designated as suburban residential; the Commission concurred. The Associate Planner stated that the Planning Board considered the request for change in the land use designation for the Swenson property and determined that commercial development should be limited to that portion of the site lying east of North 27th Avenue, with residential to the west. He indicated that under that land use designation, an "R-O" zoning would be appropriate. Commissioner Kirchhoff stated he feels that a limited residential designation, or something similar, is appropriate because it will result in cost effective growth. He then indicated he does not feel addressing the land use designations on specific parcels at this time is appropriate. In response to questions from the Mayor, a majority of the Commissioners indicated an unwillingness to change the land use designations on the Swenson property, the Phillips property or the StoneRidge Subdivision. Associate Planner Chris Saunders cautioned that the historic mixed use designation is strictly a zoning designation at this time, and it can sit on any growth policy land use designation. He noted that developing a land use category will take some time, and cautioned that it may be tricky to balance the two designations. He indicated the intent of such a designation is to define a specific area where land uses can be custom tailored for the desired mixed uses without going through the planned unit development process. He recognized that the northeast sector of the community has had a long-term blend of uses that should not be next to each other. In response to concerns voiced by Commissioners, Planning Director Epple suggested additional language in the industrial classification which references a mix of uses that may be appropriate for historic mixed use zoning; a majority of Commissioners concurred with the suggested change. Associate Planner Chris Saunders asked for Commission direction on the requested changes to the requirements for neighborhood plans and sub-area plans. After discussion, the Commissioners concurred the requirement should remain, possibly with the addition of a line or two that identifies what the City will provide and what the applicant will need to provide. Commissioner Kirchhoff characterized the 2020 growth plan as a great one. He suggested, however, that the plan could give greater mention to the community's crown jewel, the central business district. He characterized that area as the heart of the city or the civic living room. He stated it is still a vibrant place, although not the same as it was 25 years ago. He noted that the ripple effects of development on the fringes of the community should be identified, and additional guidance for ensuring the continued vibrance of the downtown should be included in the plan. Associate Planner Saunders responded that the Planning Board recognized the community has a good downtown, but felt a neighborhood plan should be developed for the downtown rather than including details in the plan. Associate Planner Jody Sanford stated the Planning Board shares Commissioner Kirchhoff's concerns and, in addition to recommending the development of a neighborhood plan, directed staff to incorporate the existing downtown plan from MAKERS by reference in the 2020 plan. Responding to comments from Commissioner Kirchhoff, Associate Planner Saunders stated that the new GIS zone map is a powerful tool that allows for significant data gathering and analysis. The Commissioners, following discussion, concurred that economic analysis should be added to the section on the downtown core. Responding to Commissioner Kirchhoff, Associate Planner Sanford stated that, as drafted, the 2020 plan will adopt the entire new transportation plan by reference. Commissioner Kirchhoff suggested that, rather than adopting the entire transportation plan, only that portion pertaining to the city limits or the planning area be included. 09-10-2001 -11 - City Attorney Luwe recommended that the transportation plan be adopted separately, cautioning that if it is adopted as part of the 2020 plan, any revisions must go through the master plan amendment process. The Commissioners concurred. Mayor Youngman suggested that an appendix be included identifying follow-up actions needed and the anticipated dates for completion of those actions. The Commissioners concurred, and agreed that the list should be included in the table of contents. Commissioner Brown asked if the 2000 census data can be incorporated into the 2020 plan; Associate Planner Sanford stated she is concerned that there appears to be a major discrepancy between the Census Bureau figures and the local figures, since the Bureau has identified 500 less housing units than the City records reflect, based on building permits. She also noted that data on issues such as income and other socio-economic information will not be available until next summer. She indicated that the Planning Board considered this issue and recommended that, once all of the data is released, the 2020 plan be updated to include it. Responding to Mayor Youngman, City Attorney Luwe indicated that the language she has proposed regarding majority versus quorum can easily be incorporated into the plan. Mayor Youngman noted that the current master plan includes ridgelines. The 2020 plan references viewsheds, but not specifically ridgelines, and she proposed that such reference be included in Sections 8.13.4, 8.14.4 and 6.6.4 Objective 2. The Commissioners concurred. Mayor Youngman asked about possibly changing the land use designation of "limited residential"; the Commissioners concurred the term should be changed to "future urban". Associate Planner Chris Saunders noted the plan includes pictures and illustrations that are not regulatory in nature. He cautioned that it takes a significant amount of time to format the document and asked that, if the Commission wants staff to act expeditiously, they consider adoption of the plan with text only, recognizing the final document will contain all of the pictures and illustrations. The Commissioners concurred that the version to be adopted by reference include text only. Responding to the Associate Planner, the Commissioners also concurred with staff's proposed changes for the suburban residential land use designation. Responding to Associate Planner Saunders, City Attorney Luwe stated that he will provide a recommendation on addressing concerns about property rights. He then indicated that it will take at least two weeks to make the changes which have been identified and approved, to provide a clean text only document. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that staff be directed to bring back a resolution enacting adoption of the 2020 Community Plan with the revisions recommended by the City Planning Board and those approved during the above discussion. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No, none. Adjournment - 11:05 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Brown, seconded by Commissioner Frost, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff and Mayor Youngman; those voting No, none. 09-10-2001 -12- ATTEST: ROBIN L. SULLIVAN Clerk of the Commission MARCIA B. YOUthS, Mayor 09-10-2001