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HomeMy WebLinkAbout2001-08-13 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA August 13, 2001 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, August 13, 2001, at 6:00 pm. Present were Mayor Youngman, Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, City Manager Johnson, Director of Public Service Arkell, Staff Attorney Cooper, and Deputy Clerk of the Commission DeLathower. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - January 18 and February 7, 2000, and January 30, April 20, June 11, June 25, July 16, JUly 30 and August 6, 2001 It was moved by Commissioner Brown, seconded by Commissioner Frost, that the minutes of the meetings of June 11 and July 16, 2001, be approved as amended and that the minutes of the meeting of July 30, 2001 be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, and Mayor Youngman; those voting No, none. Mayor Youngman deferred action on the minutes of the meetings of January 18 and February 7, 2000, and January 30, April 20, June 25 and August 6, 2001, to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Acknowledge receipt of staff report - intent to annex 16.92 acres located in the S %, NW % of Section 11, T2S, R5E (3017-3205 West Babcock Street) (A-0106) Commission Resolution No. 3465 - intent to annex 16.92 acres located in the S ~, NW ~4 of Section 11, T2S, R5E {3017-3205 West Babcock Street); set public hearing for September 11, 2001 COMMISSION RESOLUTION NO. 3465 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. Commission Resolution No. 3466 - creating 2001 Sidewalk Program COMMISSION RESOLUTION NO. 3466 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING THE "2001 SIDEWALK PROGRAM" AND ORDERING THAT SIDEWALKS BE INSTALLED IN CERTAIN AREAS OF BOZEMAN, AS PROVIDED FOR IN SECTIONS 7-14-4109 AND 7-14-4110, MONTANA CODE ANNOTATED. 08-13-2001 -2- Commission Resolution No. 3469 - relatin.q to $1,160,000 Special Improvement District No. 669 Bonds; fixing form and details and providing for execution and delivery and security COMMISSION RESOLUTION NO. 3469 A RESOLUTION RELATING TO $1,160,000 SPECIAL IMPROVEMENT DITRICT NO. 669 BONDS; FIXING THE FORM AND DETAILS AND PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND SECURITY THEREFOR. Authorize City Manager to sign - Acceptance of Right-of-Way Aqreement and Acceptance of Warranty Deed - James L. Koch and Sandra J. Koch, 104% Wilda Lane - for Parcel No. I-2 for West Babcock Street Project Authorize City Manager to sign - Acceptance of Riaht-of-Wav A.qreement and Acceptance of Warranty Deed - Celia B. French - for Parcel No. H(W) for West Babcock Street Project Authorize City Manager to sign - Acceptance of Riqht-of-Way Agreement and Acceptance of Warranty Deed - Edward L. and LeEtta L. Loterbauer, 332~r West Babcock Street - for Parcel No. 10 for West Babcock Street Proiect Authorize City Manager to sign - License for Use of Real Property - between City and U2, L.C. - for use of trianqular portion located in two islands at the corner of West Main Street and South 23rd Avenue Authorize City Manaaer to si.qn - A.qreement with B. Derek Strahn to serve as consultant for historic preservation projects until new Historic Preservation Officer begins employment Authorize City Manager to sign Amendment No. I to Professional Services Agreement for SID No. 669 - Stahly Enqineering and Associates (to include fire lines along Main Street) Award bid for storm related tree trimminq services - Asplunhd Tree Service, Willow Grove, Pennsylvania - in the bid amount of $292,432.00 Application for Restaurant Beer and Wine License - Ten Aces, Inc., for Apple Tree Restaurant, 712 Wheat Drive Proclamation - "Dave Visscher Day" - August 17, 2001 Building Inspection Division report for June 2001 Claims It was moved by Commissioner Frost, seconded by Commissioner Smiley, 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 Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, and Mayor Youngman; those voting No, none. Commission Resolution No. 3467 - establishing rates for garbage collection, effective on September 1 billing Included in the Commissioners' packets was a copy of Commission Resolution No. 3467, entitled: 08-13-2001 -3- COMMISSION RESOLUTION NO. 3467 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING SOLID WASTE COLLECTION FEES WITHIN THE CITY OF BOZEMAN. Included in the Commissioners' packets was a letter from Thomas R. and Clara E. Wagner, 50 Meagher Avenue, dated August 3, voicing objection to the proposed fee increases. Director of Public Service Arkell noted this is the annual reassessment of the garbage collection rates. There will be a 4 percent raise; 3 percent annual inflationary increase and 1percent CIP increase. In response to an inquiry from Commissioner Smiley, Streets and Sanitation Superintendent Sicz stated CIP monies will be used to purchase land for the city shop complex, reroofing of the shop complex, and the acquisition of a 2-ton pickup. No further public comment was received. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that Commission Resolution No. 3467, establishing solid waste collection fees effective September 1, be adopted. 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. Commission Resolution No. 3468 - establishing revised landfill gate fee schedule, effective September 2, 2001 Included in the Commissioners' packets was a copy of Commission Resolution No. 3468, entitled: COMMISSION RESOLUTION NO. 3468 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING A REVISED LANDFILL FEE SCHEDULE FOR USERS OF THE CITY OF BOZEMAN LANDFILL. Streets and Sanitation Superintendent Sicz stated this is also a 4 percent increase; 1 percent CIP increase and 3 percent cost of living increase. CIP monies from this fund will be used to purchase a dump truck and plow to be shared with the Street Department, an addition to the equipment building, and a horizontal baler with stacking conveyor. No public comment was received. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that Commission Resolution No. 3468, establishing revised landfill gate fees effective September 2, be adopted. 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 ..Continued public hearing - variance from Section 18.50.060.C. of the Bozeman Municipal Code to allow perimeter fence and storage of building materials to encroach 15 feet into the required 15-foot c. orner side yard setback along Pear Street, on Tract 1, COS No. 1363 - Ponderosa Land, Bill and Rick O(~le (Z-01040A) This was the time and place set for the continued public hearing on the variance from Section 18.50.060.C. of the Bozeman Municipal Code, as requested by Ponderosa Land, Bill and Rick Ogle, under Application No. Z-01040A, to allow the perimeter fence and storage of building materials to encroach 15 feet into the required 15-foot corner side yard setback along Pear Street, on Tract 1, COS No. 1363. The subject property is located at 1101 Pear Street. 08-13-2001 4- Mayor Youngman reopened the continued public hearing. Assistant Planner Caroline presented the staff report. She reminded the Commissioners the major site plan was approved on May 14th with a condition requiring a 15-foot corner side yard setback with landscaping and boulevard trees unless a variance is granted or the vacation of Pear Street. Applicant is requesting a variance at this time. Staff recommends approval of the variance contingent upon the following two conditions: The applicant shall enter into an Improvements Agreement with the City committing to the installation of required landscaping improvements and relocation of the fence to maintain the 15-foot corner side yard setback along Pear Street, upon notice from the City that plans and specifications for Pear Street improvements have been approved and funding is available to construct said improvements. Applicant shall show on the final site plan for application Z-01040 the required 15-foot corner side yard setback with appropriate landscaping and boulevard area. The fence shall be shown outside the 15-foot setback. There shall be a note on the final site plan that states the 15-foot fence setback and landscaping improvements along Pear Street are deferred in accordance with the terms and conditions set forth in this variance proceeding. Holly Brown, attorney for the applicants, distributed a letter of summary of a few Montana legal cases regarding granting variances. The criteria for this application is met because this is a dead- end street. The applicants are happy with the conditions outlined in the staff report for when Pear Street becomes a fully usable street, although according to the transportation plan, Pear Street may never exist. Ms. Brown noted the applicants have met with the neighbors and have addressed their concerns. They have agreed to work with the neighborhood residents regarding truck traffic and have agreed to make improvements and help maintain the trail, as well as improving the entrance to the trailhead. Bill Ogle, 1010 Bear Canyon Road and 1101 Pear Street property owner, reiterated they have held meetings with the Northeast Neighborhood Association (NENA), City staff, and the Commission; and they have agreed to make numerous changes. They will install the required services and amenities, including paving the area streets, modifying the use of their equipment, and modifying the method of access to the property, which is currently being successfully done. In addition, they have agreed to support the Story Mill trail and maintain it, agreed to install over $10,000 in sidewalks on property they don't own, along with curbing to define access to the area. Mr. Ogle believes they have made an initial start to becoming a good neighbor. They are asking the Commission to consider this variance because it is merely setting aside the variance for a certain time period, not rewriting the zoning code. He added it only makes sense to consider putting off the site improvements until Pear Street becomes a defined, used street. They have no problem with the setback per se, just a problem with requiring it at this time. Jon Gerster, 719 North Wallace Avenue and NENA representative, stated they have talked with the applicants and Ms. Brown and appreciate the good dialogue. Even though it is only a plat street now, it is important to note Pear Street is a significant street because it is important to the future of the neighborhood. He noted "temporary" can be a long time in this neighborhood, particularly since there is no time line for this realignment as listed in the transportation plan. This is an entryway corridor and a temporary situation could last 20 to 30 years. They would like to see Pear Street vacated in the near future, with a definite time schedule assigned to that. This variance would give Ogles some slack in the landscaping and setback requirements; but without the assurance there ~s a definite time line attached to this variance, it appears they are getting something for nothing. If trees were planted along Pear Street, and if they were properly taken care of, at some point they would be located in the middle of Ogle's property and would provide a visual buffer from the interstate so Bozeman doesn't look like a huge lumberyard from the interstate. Neighbors feel it seems "cheap" of Ogles to not want to plant trees to shield their operation from the interstate and that would go a long way to repair damaged relations with the Ogles and Simkins-Hallin Lumber Company. 08-13-2OO 1 -5- The neighbors believe there is a need to visually protect the entryway corridor, safeguard the transportation route, and still allow the Ogles to do what they seek to achieve on their property. Ms. Brown responded the Development Review Committee (DRC) addressed the entryway corridor requirements and has no concerns about this meeting those requirements. The trail landscaping and Wallace Avenue sidewalk are acceptable to the DRC as well. In this M-2 zoned area, no side yard setbacks are required. No other properties in this area are required to have this setback, only this one because it is the corner lot. Commissioner Brown inquired about the access to the booster station. Ms. Brown replied the Pear Street access will remain open; they are not requesting a vacation of the street. Commissioner Kirchhoff stated he cannot be supportive of this variance request because he cannot find for the second criteria; conditions unique to the property. He doesn't agree with the applicants' reasoning on that. Commissioner Smiley indicated she has no problem with this temporary variance request. Commissioner Frost agreed the second criteria is not met by this request, although he would agree to a 6-month temporary variance as long as a date certain is specified when the right-of-way would be granted. Mayor Youngman asked if a temporary variance is granted, is it appropriate to condition that the right-of-way for Oak Street shall be worked out by the applicant during a set period of time, as well as the vacation process be initiated for Pear Street. Staff Attorney Cooper stated that conditions imposed on variances must relate to the protection the code provides to the adjacent property owners. A variance is not required if the right- of-way is not there because the property is no longer a corner lot; and a right-of-way may not be necessary if there is a second access into this area. He suggested the Commission do this in steps, being careful to look at this variance alone and making sure any conditions are tied to what the variance is going to do to adjacent properties. Mayor Youngman stated perhaps the cleaner and simpler thing to do would be to figure out a way to get the connection between Oak Street and Pear Street, which will enhance property values and the travel of the applicants' trucks by allowing them to exit directly onto North Rouse Avenue. She suggested a City-initiated vacation process in return for working out a right-of-way. Mayor Youngman added she has difficulty granting a variance on a temporary basis because of criteria 1, that the variance will not be contrary to the public interest. Pear Street is used minimally at the moment; but history of other properties has shown people get used to a situation and it is hard to go back and change it later, particularly with different staff and different Commission members. It is not in the public interest to grant a temporary variance which will set up a tough, complicated situation for future Commissions and staff to deal with. She said she would prefer to work out something else, specifically the street vacation approach, which would make the setback go away because it would no longer be a corner side yard. She feels that approach would work best for the city, the public, and the applicant alike. Ms. Brown offered she needs to clarify they are not talking about a right-of-way, only landscaping the setback. Trying to address an alternate route through the variance and site plan is not legal. The applicants would accept including a finite time limit for reconsideration of this to allow the City sufficient time to revisit a connector, but 6 months seems too short. The Ogles want to make this work out to create an access, but not all property ownership is under their control to make that connection happen. Ms. Brown stated the applicants have met all the conditions, and it is in the public interest to do this with a finite time line. The unique criteria has been met because the street dead ends because of the freeway, which affects this property only, making it unique and legally supportable. City Manager Johnson asked if Oak Street is included in the urban system, and Director of Public Service Arkell answered the City has requested from North 7th Avenue to Rouse Avenue to be 08-13-2001 -6- included in the urban system. Mr. Johnson then noted the transportation plan purposely did not put a line on the map indicating the exact alignment of these streets; that was left up to the City to decide where they should go. The intersection with L Street has some value going north as a way to divert traffic away from the neighborhood. City staff can go down there and define a line for the best alignment of a connector street, but it will take longer than 6 months to design the street, agree where it should be located, negotiate with the other parties, particularly those who live out of town, etc. If the Commission wants to grant a temporary variance, realistically it should be for 12 to 18 months; staff should have definite answers within that time frame. Ms. Brown asked if a variance granted for 3 years would be sufficient. Commissioner Smiley agreed to that. Commissioner Kirchhoff said he could agree to two time periods of 18 months each, but this still doesn't satisfy the hardship criteria, though. Mayor Youngman added this still doesn't constitute uniqueness by itself; there are dead end streets all over town that haven't been granted variances. Staff Attorney Cooper pointed out the corner setback requirement attached to property that may not be a corner for long and a street that may never be improved could apply. Commissioner Kirchhoff said since this is not a permanent condition, but one that will lapse with time certain, he could be persuaded this would meet the property owners' and neighborhood's goals. Commissioner Brown said he was interested in the vacation of Pear Street but would be in favor of granting a variance for a 36-month period to allow the transportation plan to determine the future of Pear Street. Mayor Youngman offered she is very uncomfortable with a 36-month time period. She prefers a 6-month review period and wants it linked to Pear Street development or vacation and the transportation plan for that area. She could possibly agree to an annual review, rather than one every 6 months. City Manager Johnson noted this issue will probably be an agenda item for discussion by the Transportation Coordinating Committee (TCC) and will be reviewed then. Ms. Brown asked that the Commission hold to the granting of the 36-month variance with the applicant agreeing to meet with the City and TCC at 6-month intervals or as needed. If granted for less than 3 years, it isn't worth it for the Ogles to do this. They don't want to install a fence for 18 months and have to move it at the end of that period. The applicants have committed to $10,000 for a sidewalk and $3,000 for trail improvements as an investment in the neighborhood, and the Commission doesn't want to lose the progress that has been made so far. Staff Attorney Cooper told the Commissioners they could grant a temporary variance on the basis it will be in place until the future of the property is determined or for a certain period, whichever comes first. If the time certain comes first, then the Commission would have the ability to extend it. Ms. Brown stated the applicants would be willing to accept a double condition, until the transportation plan is worked out or 3 years, which occurs first. This would give the applicants some security. Commissioner Brown said he could agree to accept a variance for 3 years or until the final disposition of Pear Street by the TCC, with 6, 12, and 24-month reviews. Commissioner Frost stated this application doesn't meet the criteria of the Supreme Court to grant a temporary variance because it doesn't meet the second criteria. 08-13-2001 7- Mayor Youngman noted the only way she can find for the uniqueness of the property is because the new transportation plan supposes a street that may supplant Pear Street, which would then disappear shortly and provide the unique circumstance. Also, landscaping is an issue, with the neighborhood suggesting it be kept where it is and the applicant suggesting otherwise. Commissioner Smiley said first it needs to be decided where the street is going, so the trees can be planted near the street. She suggested making it a condition that the applicants will plant the landscaping when the street location is decided. Commissioner Frost stated the location of the street should be made clear by 18 months; and if the City isn't ready to begin planning the street in 18 months, it won't be completed in 3 years. The landscaping decision could be made at the 18-month review. Mayor Youngman asked if the Commission needs to define the responsibilities to be undertaken during the next 18 months. Staff Attorney Cooper advised the Commission doesn't want to attach tasks; he would like to word the motion to be time certain and event certain. If those things aren't met, then the variance will go away. It was moved by Commissioner Brown, seconded by Commissioner Frost, to grant the requested variance from Section 18.50.060.C of the Bozeman Municipal Code to allow a perimeter fence and storage of building materials to encroach 15 feet into the required 15-foot corner side yard setback along Pear Street for a period of 3 years or until the disposition of Pear Street and more certain application of 18.50.060C to the property is determined by the Bozeman City Commission, whichever occurs first. Status reviews shall be made with the City Commission at 6, 12, and 24- month intervals. Approval of this variance shall be contingent upon conditions as proposed by staff. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Smiley, Commisioner Kirchhoff, and Mayor Youngman; those voting No being Commissioner Frost. Break 7:20 pm Mayor Youngman declared a break from 7:20 pm until 7:28 pm, in accordance with Commission policy. Discussion - FYI Items items. City Manager Johnson presented to the Commission the following "For Your Information" (1) Notice of public comment on the draft final Baseline Risk Assessment Work Plan for the Bozeman Solvent Site, which began on August 6 and ends on September 4. (2) Postcard from Celia Bertoia, 2791 Butch Cassidy Drive, urging that Bozeman be made a more bike friendly community. (3) Letter from Chelsea Bortz, previously 621 South Grand Avenue, noting that "Bozeman is ready to become more bike friendly". (4) Copy of a story entitled "Noah and the Ark 2001 ", submitted anonymously. (5) Listing of planning projects for upcoming Commission meetings. (6) Agenda for the Bozeman School District No. 7 Board meeting to be held at 7:00 pm tonight at the Willson School. (7) Minutes from the Board of Health meeting held on June 28. (8) Minutes from the Montana Transportation Commission meeting held on May 31 and the telephone meeting held on July 13, 2001. 08-13-2001 -8- (9) Agenda and revised agenda for the Development Review Committee meeting to be held at 10:00 am on Tuesday, August 14, at the Professional Building. (10) Agenda for the Design Review Board meeting to be held at 3:30 pm on Tuesday, August 14, at the Professional Building. City Manager Johnson submitted the following FYI items: 1 ) He will be out of the office the next 2 weeks but will be back for the Monday Commission meetings. 2) Distributed copies of a memo from Director of Public Service Arkell on warrant analysis for 4-way stop signs at the intersections of North Wallace/Peach and North Wallace/Lamme. 3) Asked if any Commissioners would like to help students move into the dorms at MSU on August 29th from 8 am until 3 pm. President Gamble is asking faculty and community leaders to assist with the move-in as a way to build university/community relationships. Commissioner Brown and Commissioner Frost indicated a willingness to do so. Staff Attorney Cooper offered the following during his FYI: 1) Distributed copies of a draft ordinance regulating skateboard facilities. The Police Department requested more regulations for the skate park because they are having confrontations with assertive youth, and he is now waiting for comments from the Police Department on this ordinance. During his FYI, Commissioner Brown submitted the following: 1) Attended a committee meeting, which also included the County Commissioners, regarding establishing a solid waste district, preferably by the end of the year. If a solid waste district is established, the city would not have to be included, although the county would like the city's inclusion. Commissioner Brown stated his opinion that the city should not elect to be included this year. Commissioner Kirchhoff presented the following FYI item: 1) A living wage facilitated discussion will be held on August 29 from 6 pm to 9 pm. The Gallatin Development Corporation and Montana's People Action will each have three representatives, along with the two facilitators. Three City representatives will also be involved; a commissioner, the Finance Director, and an attorney. Commissioner Kirchhoff indicated his willingness to attend this discussion on behalf of the Commission. Commissioner Smiley agreed to be the alternate representative. Commissioner Smiley stated, during her FYI, that she has been working with Animal Control Officer Lien in preparation for writing an animal control ordinance for the city. Currently Ms. Lien is operating under the state statute and there isn't enough protection for the animals under that statute. During her FYI, Mayor Youngman presented the following items: 1) Various Ali-America Award committees are meeting and working, and she has been making presentations to various groups. 2) The University is recognizing the Ali-America Award in various ways, including plans for a half-time presentation at a football game. 3) The first business retention meeting was held this morning and was very instructive. 4) Commissioner Kirchhoff will be presenting the welcoming address to a group of worldwide environmental leaders on Thursday in her stead. 5) The deadline for submission of City Manager Johnson's evaluation is 5:00 pm Wednesday. Public hearing - Certificate of Appropriateness with deviation from Section 18.50.070.A. of the Bozeman Municipal Code to allow construction of a 6-foot-high fence, which exceeds the allowable height by 2 feet in a corner side yard, on Lots I and 2, Block 7, Fairview Addition - Richard Charlesworth and Julia Thorne, 601 South Tracy Avenue (Z-01081) This was the time and place set for the public hearing on the Certificate of Appropriateness with deviation from Section 18.50.070.A. of the Bozeman Municipal Code, as requested by Richard Charlesworth and Julia Thorne under Application No. Z-01081, to allow construction of a 6-foot-high fence in the corner side yard on Lots 1 and 2, Block 7, Fairview Addition. The subject property is located at 601 South Tracy Avenue. Mayor Youngman opened the public hearing. 08-13-2001 -9- Assistant Planner Monroe presented the staff report, noting staff has reviewed the application against the required criteria and recommends conditional approval of the Certificate of Appropriateness and denial of the deviation. If approved, the fence must adhere to the following code provisions: Within the designated street vision triangle, "no fence, wall or planting in excess of 30 inches above the street centerline grade shall be permitted", as per Section 18.50.080. Currently the existing retaining wall alone exceeds this requirement. As per Section 18.50.070.D, any fence or wall constructed so as to have only one elevation "finished", which shall be defined as not having its supporting members significantly visible, shall be erected such that the finished elevation of the fence is exposed to the street or the adjacent property. The fence shall be constructed as approved and conditioned in the Certificate of Appropriateness application. Any modifications 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. Richard Charlesworth, 601 South Tracy Avenue and applicant, said they agree with the need to live in more dense communities and they support Planning staff's and the Commission's dedication to preserving the livability of Bozeman; however, the City must be willing to provide residents with a private outdoor area. According to Mr. Charlesworth, Historic Preservation Officer Strahn supported this project; and they took his support of their fence request as staff support. Mr. Charlesworth was expecting a recommendation of approval for this deviation until Friday evening when they received a copy of the staff report recommending denial of this application. They are requesting to build a fence of similar height to what was on the property originally, with a similar texture and aging as the new roof that has been installed on the house. Mr. Charlesworth noted this fence will also use a similar fencing material and the same 6-foot height as the fence across the alley, in an effort to tie the residences together. Because of the side yard setback requirement and the garage location, this area will be used as a service yard for storage as well as for private outdoor living. Mr. Charlesworth then distributed copies of a survey of the side street side yards in an area from Curtiss to Harrison Streets between South Willson and South Black Avenues, as well as a letter of support from Miriam Stahler and Dean Lueck. No other public testimony was received. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. Commissioner Smiley stated people do need privacy in their back yards and this is an unusual situation because of the elevation of the back yard. Commissioner Kirchhoff stated his agreement, particularly if the sight triangle issue is resolved. Commissioner Frost agreed with the hardship of the topographical features of the property but does not approve of 9 feet massing of fencing for privacy. But since this is the backyard, he said he could approve it. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Certificate of Appropriateness with deviation from Section 18.50.070.A. of the Bozeman Municipal Code, as requested by Richard Charlesworth and Julia Thorne under Application No. Z-01081, to allow construction of a 6-foot-high fence in the corner side yard on Lots 1 and 2, Block 7, Fairview Addition, be approved subject to code provisions. The motion carried by the following Aye and No 08-13-2001 10- vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, and Mayor Youngman; those voting No, none. Public hearing - Certificate of Appropriateness with deviation from Section 18.50.070 of the Bozeman Municipal Code to allow construction of a 6-foot-hiqh wood fence, which exceeds the allowable height in a corner side yard by 2 feet, on Lots 11 and 12, Block E, Alderson's Addition - Bozeman United Methodist Church for 123 West Curtiss Street (Z-01129) This was the time and place set for the public hearing on the Certificate of Appropriateness with deviation from Section 18.50.070. of the Bozeman Municipal Code, as requested by The Bozeman United Methodist Church under Application No. Z-01129, to allow construction of a 6-foot- high fence in the corner side yard on Lots 11 and 12, Block E, Alderson's Addition. The subject property is the site of the church's parsonage and is located at 123 West Curtiss Street. Mayor Youngman opened the public hearing. Associate Planner Saunders presented the staff report, reviewing the application. Staff has reviewed this application against the established criteria and recommends conditional approval of the Certificate of Appropriateness, but not the deviation to allow a 6-foot fence in the corner side yard. William Hunt, 1504 South Willson Avenue and representing the Board of Trustees of the church, presented a history of this property and this application. He noted Planning staff had given them three alternatives to the requested 6-foot fence; those being 1) the entire fence to be constructed at a 4-foot height, which is not acceptable for the privacy of the individuals, which must be respected; 2) a partial deviation sought to allow the 6-foot fence to encroach 5 feet into the front yard setback, which is unacceptable because they would like to have the two mature fruit trees enclosed in the fence to prevent them from becoming a nuisance, and they don't want to be the responsible party for any suits that might arise from mischief involving fruit; 3) the fence be transitioned to a 4-foot height along the Curtiss Street front yard setback and alley, which is not acceptable to them because traditionally the front yard is the part which is the short dimension facing the street and the side yard is along the side which is not the case with this property. Mr. Hunt continued, saying they have made a diligent effort to soften the effect of this fence so it doesn't impact the sight triangle from either side or impact the neighborhood. He then distributed photos of existing fences in the area which are in violation of the code requirements. No public comment has been received to date. Commissioner Frost noted the illegal fence at 1121 South Third Avenue needs to be addressed immediately because sight triangle requirements are not met. He then asked how "front yard" is defined. Associate Planner Saunders responded it is generally that yard found between two side yards, but there are a number of concerns about when and how the corner side yard requirements are applied. When there are two streets, the principal entrance, or main face of the house, is generally recognized as the front yard. This house, however, was platted with a different orientation when it was built over 30 years ago. Since there were no objections, Mayor Youngman closed the public hearing. Commissioner Kirchhoff stated he supported this request because the corner lot does not provide ample opportunity for privacy, as interior lots do. Commissioner Smiley agreed and said she believes the applicant should be allowed to proceed as proposed. Mayor Youngman pointed out this is a front yard, and the Commission cannot reconcile its approval with what was denied last week. Commissioner Frost added he is uncomfortable with tall fences in front yards, and he views this as the front yard. They are not pedestrian friendly, and this fence will make the yard appear smaller. 08-13-2001 1- Commissioner Brown stated he has a possible conflict of interest, and he will not participate in the discussion or the vote on this application. He disclosed he is a member of this church, although not a member of the Board of Trustees. He then read a statement, which said, "This is to reveal a possible conflict of interest on COA with deviation, application Z-00129. I am a member of, and active participant in, Bozeman United Methodist Church. My last membership on the church Administrative Board was in 1996, and I have never been a member of the church Board of Trustees that manages church property." Mayor Youngman reopened the public hearing. Dave McConnell, 123 West Curtiss Street and church minister, stated that ministers can't choose how long they stay in one place; and while he can understand the Commission's reasoning, they need to keep in mind there will, in all likelihood, be future occupants with small children. If the fence is moved back, it will decrease the private play area for children. Mr. Hunt added they are concerned about the front yard designation. In this case, the side yard of this house is actually the back yard of the other interior lots; so by denying this application, the Commission will be depriving them of an enclosed yard space for children. The original fence, which was torn down, was a 7-feet high, solid wall fence; which if they had known then what they know now, they could have and should have propped up. Bonnie Hash, 1204 North 9th Avenue, said one of her concerns is that new ordinances have been mandated that prohibit replacing old things when they fall down. These church people wanted the old fence removed for the safety of the public. Now when they want to replace it to make things look nice, the Commission is saying no; and "that is not fair to the citizens who elected you!". Since there were no Commission objections, Mayor Youngman reclosed the public hearing. Commissioner Kirchhoff said because of the shape of this lot, it is a valid conCern to want a usable space that is enclosed; and previously this yard was fenced with a 7-foot fence. He believes fences are improvements in certain cases, for streetscapes as well as the occupants, and this is one of those cases. Commissioner Kirchhoff acknowledged there is a code that needs to be interpreted, but irregularity is the rule of the day in the conservation district; and he doesn't find this fence will have an adverse effect on that streetscape. Commissioner Frost stated a 6-foot fence this close to the sidewalk is unacceptable, but he will agree with the majority of the Commission, though~ Commissioner Smiley offered she believes the Commission should approve the 6-foot fence without the bumpout. Mayor Youngman said she will vote to allow the fence because of the small amount of yard involved, although she believes staff's recommendation is correct. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the Certificate of Appropriateness with deviation from Section 18.50.070. of the Bozeman Municipal Code, as requested by The Bozeman United Methodist Church under Application No. Z-01129, to allow construction of a 6-foot-high fence in the corner side yard on Lots 11 and 12, Block E, Alderson's Addition, be approved with code provisions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Frost, and Mayor Youngman; those voting No, none. Commissioner Brown abstained from voting. Commissioner Frost directed staff to investigate the installation and location of the fence at 1121 South Third Avenue and ensure the sight triangle is restored. Mayor Youngman directed staff to reevaluate the processing of deviations and consider alternatives to remove them from Commission review and decision. 08-13-2001 12- Public hearin.q - Certificate of Appropriateness with deviation from Section 18.30.050 of the Bozeman Municipal Code to allow construction of a new covered porch which encroaches 12% feet into required 25-foot front yard setback on Lots I and 2, Block 4, Park Addition - Brock Albin, 103 South 8th Avenue (Z-01131) This was the time and place set for the public hearing on the Certificate of Appropriateness with deviation from Section 18.30.050 of the Bozeman Municipal Code, as requested by Brock Albin under Application No. Z-01131, to allow construction of a new covered porch which encroaches 12 ~/2 feet into the required 25-foot front yard setback on Lots 1 and 2, Block 4, Park Addition. The subject property is located at 103 South 8th Avenue and houses the Youth Imperative Center. Mayor Youngman opened the public hearing. Temporary Planner Monroe presented the staff report, saying staff finds this application to be in general compliance with the criteria and recommends approval with conditions as outlined in the staff report. Brock Albin, 306 South 8th Avenue, noted this porch is currently half finished; it was started with approval, but it has now been enlarged. Mr. Albin suggested another code change to be considered; one stating that a project that conforms with the historical setback should be the default rather than the exception, noting he had to ask for permission to conform. He then distributed copies of a letter of support from Teresa Marlowe. Jon Gerster, 719 North Wallace Avenue, said he wholeheartedly supports this project and the mission of this organization. The adaptive reuse of this older building deserves the Commission's gratitude and support. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. Commissioner Frost voiced his approval of this project, saying both the site and the porch are looking good. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the Certificate of Appropriateness with deviation from Section 18.30.050 of the Bozeman Municipal Code, as requested by Brock Albin under Application No. Z-01131, to allow construction of a new covered porch which encroaches 12 ~ feet into the required 25-foot front yard setback on Lots 1 and 2, Block 4, Park Addition, be approved, subject to the following conditions: The applicant is encouraged to investigate appropriate historic paint colors for this structure. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness application. Any modifications to the submitted and approved drawings shall invalidate the project's approval, unless the applicant submits the proposed modifications for review and approval by the Planning Office prior to undertaking said modifications, as required by Section 18.62.040 of the Bozeman zoning ordinance. The applicant shall obtain a building permit within one year of Certificate of Appropriateness approval or this approval shall become null and void. 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. Break - 9:02 pm Mayor Youngman declared a break from 9:02 pm until 9:06 pm, in accordance with Commission policy. 08-13-2001 13- Public hearing - Minor Site Plan with Certificate of Appropriateness to allow construction of two additional single-family dwellinqs on Lots 19, 20 and 21, Block 40, Imes Addition, and deviations from Sections 18.24.030 and 18.24.050 of the Bozeman Municipal Code to relax lot area by 20.25% and allow dwelling to encroach I foot into required 8-foot side yard setback - Rob Safranek for 718 North Black Avenue (Z-01107) This was the time and place set for the public hearing on the Minor Site Plan with Certificate of Appropriateness, as requested by Rob Safranek under Application No. Z-01107, to allow construction of two additional single-family dwellings on Lots 19, 20 and 21, Block 40, Imes Addition, with deviations from Sections 18.24.030 and 18.24.050 of the Bozeman Municipal Code, to relax the lot area by 20.25 percent and to allow a dwelling to encroach 1 foot into the required 8-foot side yard setback. The subject property is located at 718 North Black Avenue. Mayor Youngman opened the public hearing. Temporary Planner Monroe presented the staff report, noting the Administrative Design Review staff and the Development Review Committee have reviewed this application in light of the established criteria and recommend conditional approval. He then reviewed the deviations as requested by the applicant. E. J. Engler, 10 Mill Street, Gallatin Gateway and applicant's representative, said they feel the staff report is thorough. This has been a long process; they have gone from initially planning a large duplex to these single units to better blend in with the neighborhood. Their intent is to keep this project in the character of the neighborhood, and they intend to keep as much of the existing landscaping as possible. Commissioner Kirchhoff asked if the back parking lot is required. Mr. Engler replied it is; there are three parking spaces allowed per unit, two in the back and one on the street. They are making an effort to minimize the impact of the parking lot as much as possible, to try to keep the area pedestrian friendly and maintain the integrity of the neighborhood. Commissioner Kirchhoff then asked if Mr. Engler believes, overall, the parking requirement is a good thing. Mr. Engler responded he does believe the off-street parking requirement is a good thing. Staff recommended applying for a variance to relax the parking requirements, but they decided to meet the requirements instead because they feel it is appropriate to not adversely impact the rest of the neighborhood. Jim Shinkle, 722 North Black Avenue, stated the project looks nice, and he appreciates the fact that the applicant is trying to retain the historic appropriateness of the area. He then distributed copies of a handout listing his concerns. Jon Gerster, 719 North Wallace Avenue, said he believes this is a good addition to the neighborhood and he supports this project. Referring to Mr. Shinkle's listing of concerns, Temporary Planner Monroe stated the existing duplex will be restored to a single-family residence. The interior stairwell is the only portion that will encroach into the side yard, which should not affect any future development of the adjoining property. Regarding the conditions proposed by Mr. Shinkle, Mr. Monroe stated it is standard procedure that a survey be conducted before digging is begun. The existing landscaping is to be retained. The owner has agreed to the installation of a 4-foot fence, which will be undertaken in cooperation with Mr. Shinkle. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Brown, seconded by Commissioner Frost, that the Minor Site Plan with Certificate of Appropriateness, as requested by Rob Safranek under Application No. Z-01107, to allow construction of two additional single-family dwellings on Lots 19, 20 and 21, Block 40, Imes Addition, with deviations from Sections 18.24.030 and 18.24.050 of the Bozeman Municipal Code, to relax the lot area by 20.25 percent and to allow a dwelling to encroach 1 foot into the required 8-foot side yard setback, be approved subject to the following conditions: 08-13-2001 -14- 10. 11. 12. The applicant shall restore the existing duplex back into a single-family residence. The applicant shall be required to improve the alley adjacent to the eastern property line. At a minimum, the alley shall be paved for its entire 14-foot width from the intersection with West Aspen Street to the southern extent of their property line, terminating in a concrete header. The proposed paving improvements shall be submitted to the City Engineer for review and approval· The existing approach located along North Black Avenue shall be removed and replaced with City of Bozeman standard curb and gutter· Final site plan to show parking lot delineation for the separate rows with signage for each unit. The applicant shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements at the time of final site plan submittal. If occupancy of the structure is to occur prior to the installation of all required on-site improvements, the Improvements Agreement must be secured by a method of security equal to one and one- half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than 12 months; however, all on-site improvements shall be completed by the applicant within 9 months of occupancy to avoid default on the method of security. A building permit must be obtained prior to the work and must be obtained within 1 year of the final site plan approval. Building permits will not be issued until the final site plan is approved. Minor surface preparation and normal maintenance shall be allowed prior to submittal and approval of the final site plan, including excavation and footing preparation, but NO CONCRETE MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED. The applicant must submit seven copies a final site plan within 6 months of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Department. The final site plan must be adequately dimension. A legend of all pertinent line types used shall also be provided. All existing utility and other easements must be shown on the final site plan. Runoff from all proposed site improvements shall be directed to on-site landscape areas to remove solids, silt, oils, grease and other pollutants, and provide retention and/or detention prior to off-site discharge. Sewer and water services shall be approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. Any cracked or unserviceable sidewalk panels located along the North Black Avenue frontage shall be replaced in accordance with Section 02529 of the current City of I%zeman Modifications to Montana Public Works Standard Specifications. The final site plan shall show existing and/or proposed fencing along the rear alley and will comply with vision triangle codes as outlined in Section 18.50.080 of the Bozeman zoning ordinance. 08-13-2001 15- 13. Mailbox location must be shown on final site plan and meet all USPS standards. 14. The parking lot in the final site plan will comply with Section 18.50.110.B.7. or approved pavers. 15. Any lighting, including that for security purposes, used to illuminate an off- street parking area, sign or structure, shall be arranged so as to deflect light down and/or away from adjoining properties and shall not detract from driver visibility on adjacent streets. Luminaires and lenses shall not protrude below the edge of the light fixture. Final site plan shall show the locations for, and detail of, any proposed wall mounted and/or signage lighting. Lighting standards used to illuminate off-street parking areas shall not exceed twenty feet or the height of the tallest building on the lot, whichever is lower. 16. That the applicant obtain a building permit within one (1) year of receiving a Certificate of Appropriateness and minor site plan review approval and prior to proceeding with construction of the project. 17. A water meter and backflow protection device must be installed on the domestic water service for the existing and new units. The location and type of backflow device must comply with the City of Bozeman standard and be approved by the Water Department. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, and Mayor Youngman. Those voting No, none. Public hearinq - Commission Resolution No. 3458 - levying and assessing street maintenance district assessments for Fiscal Year 2002 This was the time and place set for the public hearing on Commission Resolution No. 3458, entitled: COMMISSION RESOLUTION NO. 3458 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2002 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY-WIDE STREET MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN AND TO EXTEND THE BOUNDARIES OF SAID DISTRICT TO ENCOMPASS ANNEXED PROPERTIES. Mayor Youngman opened the public hearing. Streets and Sanitation Superintendent Sicz presented an overview of this resolution, stating 3 percent is the annual inflationary increase and 1 percent is a CIP increase. This year a shared dump truck and a two-way plow for the existing dump truck are to be purchased. John Maykuth, 905 South Church Avenue, stated he is in favor of funding for street and tree maintenance; but he paid almost $400 in street maintenance assessment while his neighbor paid $74 for a much larger area property. The square foot cap for RS-1 is over 63,000 square feet resulting in RS-zoned property paying nine times as much as other properties in the city. He suggested dropping the RS cap closer to the other caps and increase the rates in the other zones to make up the difference in funds. 08-13-2001 16- Director of Public Service Arkell responded this was done before her time, but she will research this and bring back answers next week. The assessments are based on the square footage of the parcel and the zone code, and the caps were set at 1.5 times the minimum lot size. In the RS- zoned areas, the minimum lot size is one acre; so the cap is 63,000 square feet. Mayor Youngman asked if the Commission would have to delay adopting the street fees until the zone code issues are fixed. And could the resolution be revised or would the ordinance need to be revised? City Manager Johnson replied the ordinance would need to be revised, and the Commissioners wouldn't want to pass the resolution until the ordinance has been changed. Director of Public Service Arkell noted the assessments are effective the date of the public hearing; and in order to get those assessments on the November tax rolls, the notices need to get out by the first of October at the latest. She added the ordinance doesn't state how the assessments are figured, and the resolutions only change the fees year after year. Staff Attorney Cooper noted that if this is spelled out in an ordinance, the only way to change it would be by changing the ordinance. The Commission can grant refunds on improper calculations; and there are certain procedures that must be followed, although state statutes on street maintenancn't specify how to deal with that. Mayor Youngman then requested a one-week delay of the decision on this resolution to allow staff to bring back another ordinance. It was unanimously agreed by the Commission to keep the public hearing open until Monday, August 20th. It was moved by Commissioner Frost, seconded by Commissioner Smiley, to continue this public hearing until 7:00 pm on Monday, August 20, 2001. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, and Mayor Youngman; those voting No, none. Public hearing - Commission Resolution No. 3459 - levying and assessing tree maintenance district assessments for Fiscal Year 2002 This was the time and place set for the public hearing on Commission Resolution No. 3459, entitled: COMMISSION RESOLUTION NO. 3459 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2002 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY-WIDE TREE MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN AND TO EXTEND THE BOUNDARIES OF SAID DISTRICT TO ENCOMPASS ANNEXED PROPERTIES. Mayor Youngman opened the public hearing. Director of Public Service Arkell noted these assessments are done in the same manner, so she is assuming this hearing will be continued until next week as well. She then presented a brief history of this district. Four letters of opposition to this district have been received. Dan Figgins, 716 East Oak Street, submitted two additional letters of opposition from Sam and Sharon Harvey. He said he believes the funds generated for a specific purpose should be spent for that purpose and asked if this money goes into the general fund. City Manager Johnson replied it does not, neither does the street maintenance money. Director of Public Service Arkell added the money left over remains in the forestry and street funds. In 1999 the forestry crew trimmed 425 trees; they have removed 20 trees per year and planted between 75 and 175 trees per year. They also grind Christmas trees, host special Arbor Day events, and have maintained a current tree inventory. Mr. Figgins stated the way the notice that was sent to residents reads it gives the assumption that the cost is going to be $.70, which is inaccurate. He then inquired as to why the 08-13-2001 7- Story Hills area is exempt from these assessments. Director of Public Service Arkell replied that was done because of the moratorium on building permits in the Story Hills area. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, to continue this public hearing until 7:00 pm on Monday, August 20, 2001. 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. Continued apoellate hearing - aooeal to overturn ADR decision requiring the drive-up window to be oriented away from both the North 7th Avenue and West Oak Street streetscapes on Lot 1, Block 1, and the north 28 feet of Lot 1, Block 2, Westlake Second Subdivision - En.qineerino. Inc.. for Montana Taco, Inc. (1230 North 7th Avenue) (Z-01050) This was the time and place set for the continued appellate hearing on the appeal from Engineering, Inc., for Montana Taco, Inc., to overturn the Administrative Design Review staff's decision requiring that the drive-up window on the new building to be constructed on Lot 1, Block 1, and the north 28 feet of Lot 1, Block 2, Westlake Second Subdivision, be oriented away from both the North 7th Avenue and West Oak Street streetscapes. Mayor Youngman reopened the appellate hearing. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the public hearing be continued to August 20, as requested by the applicant. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, Commissioner Smiley, and Mayor Youngman; those voting No, none. Public hearing - Bozeman 2020 Community Plan {P-9851) Plan. This was the time and place set for the public hearing on the Bozeman 2020 Community Associate Planner Saunders informed the Commission the public hearing on the Bozeman 2020 Community Plan has been postponed because of a flaw in noticing the hearing, and staff wants to make sure all proper notices have been given. Mayor Youngman said testimony will be received this evening and carried forward from anyone who is unable to testify at the later date. This delay in the public hearing will also give the public the requested extension of time to allow the opportunity to review the changes before commenting on the plan. Mayor Youngman opened the public hearing. Dr. Richard Williams, 1109 Woodland Drive, commented on the pathways section introduction, specifically that new standard trails will be elevated to improve transportation as well as recreation facilities. He feels there needs to be more definition on what that means. Mr. Williams also commented on the section regarding the aesthetics of trails, specifically references to the fact tall fences result in a tunnel effect of trails. He then referred to a May 28th memo, asking for clarification of the private park and fence restrictions, noting the property in question was labeled as a private park on the final site plan and deeded to the homeowners' association; but there is no mention of public usage of this property. That park area should be labeled as a private park for Brentwood residents. Associate Planner Saunders responded the idea that was carried forward was to try to provide realistic travel opportunities on public properties without usurping private properties. Serious effort is being given to proper siting and design to allow people to travel safely on pedestrian arterials. This language is laying the groundwork for further research and development through the ordinance preparation process. 08-13-2001 -18- It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, to continue this public hearing until 7:00 pm on September 10, 2001 in the Commission meeting room of City Hall. The motion carried by the following Aye end No vote: those voting Aye being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, and Mayor Youngman. Those voting No, none. Adjournment- 10:16 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the meeting be adjourned. 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. MARCIA B. YOUNG~ ATTEST: ROBIN L. SULLIVAN Clerk of the Commission PREPARED BY: Deputy Clerk of the Commission 08-13-2001