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HomeMy WebLinkAbout2001-04-30 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA April 30, 2001 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, April 30, 2001, at 6:00 p.m. Present were Mayor Youngman, Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, City Manager Johnson, Staff Attorney Day-Moore and Clerk of the Commission Sullivan. 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 16, April 20 and April 23, 2001 It was moved by Commissioner Brown, seconded by Commissioner Frost, that the minutes of the meetings of April 16 and April 23, 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 and April 20, 2001, to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Proclamation - "Safe Kids Week 2001" - May 5-12, 2001 Proclamation - "Salvation Army Week" - May 14-20, 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. Ordinance No. 1536 - annexin.q the 500 block of South 7th Avenue into the MSU Residential Parking District Included in the Commissioners' packets was a copy of Ordinance No. 1536, as approved by the City Attorney, entitled: ORDINANCE NO. 1536 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY AMENDING SUBSECTION A OF SECTION 10.32.395. PERTAINING TO THE AREA DESIGNATED AS THE MSU RESIDENTIAL DISTRICT TO INCREASE THE AREA TO BE INCLUDED 04-30-2001 -2- WITHIN SAID DISTRICT, PURSUANT TO SUBSECTION M OF SECTION 10.32.395., WHICH CREATES THE PROCEDURE FOR REVISING THE BOUNDARIES OF AN ESTABLISHED RESIDENTIAL ON-STREET PARKING PERMIT REGULATION PROGRAM. Commissioner Brown questioned the need for adding this block to the MSU residential parking district, particularly since it is so close to Cooper Park. He voiced his interest in making sure the Commission considers any future additions very carefully. Assistant City Manager Ron Brey gave a brief history of the MSU residential parking district. He stated that City staff never forwarded a recommendation for creation of the district; rather, it simply brought forward a request from the proposed area, with an analysis that reflected essentially a 50/50 split, and the Commission chose to create the district. He stated that, in this instance, slightly over 50 percent of the residents are in support of adding the subject block to the district. The Assistant City Manager noted that, in conjunction with the creation of the district, staff developed a proposed schedule for amortization of the initial costs; and cost recovery is essentially on schedule. He stressed, however, that the district is not bearing all of the costs associated with on-going enforcement. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that Ordinance No. 1536, annexing the 500 block of South 7th Avenue into the MSU Residential Parking District, be finally 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. Ordinance No. 1535 - Zone Map Amendment - establishing initial zoning designations of "M-1" (Light Manufacturing) on 22.44 acres, "R-O" (Residential Office) on 31.72 acres, and "R-3" (Residential Medium Density) on 21.07 acres described as beinq a tract of land lying in the NW¼, Section 35, TlS, R5E, MPM (Sandan/Davis) Previously distributed to the Commissioners was a copy of Ordinance No. 1535, entitled: ORDINANCE NO. 1535 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE BOZEMAN OFFICIAL ZONING MAP ZONING DISTRICT DESIGNATIONS TO ESTABLISH INITIAL ZONING DESIGNATIONS OF "M-I" (LIGHT MANUFACTURING) ON 22.44 ACRES, "R-O" (RESIDENTIAL-OFFICE) ON 31.72 ACRES, AND "R-3" (RESIDENTIAL-MEDIUM-DENSITY) ON 21.07 ACRES LYING IN THE NORTHWEST ONE-QUARTER OF SECTION 35, TOWNSHIP 1 SOUTH, RANGE 5 EAST, MONTANA PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANA. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that Ordinance No. 1535, establishing initial zoning designations of "M-I", Light Manufacturing, "R-O", Residential-Office, and "R-3", Residential-Medium-density, on property generally lying east of Davis Lane between Baxter Lane and Valley Center Road, be finally 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. Pledged Securities as of March 31, 2001 In compliance with the provisions of Sections 7-6-201 to 7-6-212, Montana Code Annotated, Commissioner Frost and Commissioner Smiley have examined the receipts of Depository Bonds and Pledged Securities held by the Director of Finance as security for City funds deposited in Bozeman banks. 04-30-2001 -3- Commissioner Smiley and Commissioner Frost reported that the inventory of Depository Bonds and Pledged Securities was found to be in order. It was moved by Commissioner Brown, seconded by Commissioner Frost, that the Commission approve the Pledged Securities as of March 31, 2001, listed as follows: DEPOSITORY BONDS AND SECURITIES MARCH 31, 2001 RATE MATURITY AMERICAN BANK - Bozeman Repurchase Agreement Account Trusteed with American Bank, N.A.: Federal Home Loan Mortgage Co. Sub-Total RECEIPT NO. 6.00% 02/14/2007 2000-03-312 TOTAL AMOUNT 924,000.00 924,000.0O All Other Accounts Federal Deposit Insurance Corporation 100,000.00 Trusteed with American Bank, N.A.: Federal Home Loan Bank 5.50 03/05/2004 341009826 6.45 09/07/2001 341003004 Sub-Total TOTAL - American Bank - Bozeman 1,000,000.00 500,000.00 1,500,000.00 2,524,000.00 This is to certify that we, the Commission of the City of Bozeman, in compliance with the provisions of Section 7-6-207, M.C.A., have this day certified the receipts of the American Bank, N.A., for the Depository Bonds held by the Director of Finance as security, for the deposit for the City of Bozeman funds as of March 31, 2001, by the banks of Bozeman and approve and accept the same. MARCIA B. YOUNGMAN, Mayor JARVIS H. BROWN, Commissioner JOE N. FROST, Commissioner STEVEN R. KIRCHHOFF, Commissioner SANDRA L. SMILEY, Commissioner 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. 04-30-2001 -4- Discussion re draft Transportation Plan Update The Commissioners discussed several topics, as follows. Roundabouts. Commissioner Kirchhoff suggested that the intersection of South 19th Avenue and Kagy Boulevard would be a good place for the installation of a roundabout. Mayor Youngman responded that issue was discussed at the last Transportation Coordinating Committee (TCC) meeting; and it was determined the speeds are too great at that location; rather, the intersection of South 19th Avenue and West College Street might be more appropriate, if adequate right-of-way is available. Commissioner Kirchhoff stated that the roundabouts he has encountered have been on the highway and are taken at highway speeds. Associate Planner Chris Saunders confirmed that speed was a concern during the TCC meeting. He stated that, the faster the speed, the broader the intersection must be if a roundabout is used. He also indicated that a variety of factors enter into determining whether a roundabout will work well at a particular intersection. They work best at a union of streets where traffic volumes are approximately equal; the right-of-way width must be adequate; and the topography must be essentially flat to avoid the potential of blindly entering the roundabout. Responding to Commissioner Kirchhoff, the Associate Planner suggested that the language in Chapter 11 of the draft transportation plan could be revised to indicate that signalization, roundabouts or similar means will be used to upgrade intersections, with intersections to be analyzed individually. He noted that specific design criteria can then be used in that analysis, stating that he has recently acquired a publication from federal highways on roundabout design that contains a listing of those objective criteria. He cautioned that, if a roundabout is constructed at an intersection where the volumes on the various legs is not essentially equal, the result can be stacking on the dominant leg and that may require additional design work. Mayor Youngman stated that if roundabouts are to be used, it is important to acquire adequate right-of-way as early in the process as possible. She cautioned that the lack of adequate width will stifle any attempts to install roundabouts in the future, even if they are included as an option in the plan. Commissioner Kirchhoff suggested a roundabout could be effective at the intersection of Bridger Drive and Griffin Drive. City Engineer Brawner responded that is one intersection that staff has looked at, and cautioned that the geometrics of the curve, the super on the roadway and sight distance issues could make the installation of a roundabout difficult. He suggested that, rather than looking at existing intersections, it may be better to look at future intersections, such as West Oak Street and North 27th Avenue, which would allow for the acquisition of adequate right-of-way without negatively impacting existing development. As a result of discussion, the Commissioners concurred that the transportation plan should be revised to include the groundwork for considering roundabouts at various intersections. They recognized this could be easily accomplished by including references to roundabouts in the text and maps where signalization is already referenced. City Engineer Brawner indicated that the provision for roundabouts could also be included in a supplement, thus ensuring that this addition would not interfere with the current timeline for adoption of the transportation plan. Critical Lands. Commissioner Frost voiced concern that the lines for the arterial and collector street grid sometimes cross critical lands, and suggested that they be broadened to provide some latitude in realigning those roadways to avoid the critical areas. Associate Planner Chris Saunders responded that the lines on the maps are approximately 500 feet wide, and the lengthy text on the maps reflects that by stating: 04-30-2001 -5- "The route alignments shown are conceptual in nature. The actual alignments may vary based on development patterns, geographic features, and other issues unknown at this time. The community planners will strive to design the roads to fit the character of the landscape." During discussion, the Commissioners recognized this information needs to be more readily seen, and suggested that it somehow be set apart from the other text. Mayor Youngman also suggested that the language be strengthened to "avoid impacts on critical lands or the removal of mature vegetation", noting the result would be consistency with the master plan goals. City Engineer Craig Brawner cautioned that changing the alignment of arterials and collectors can be difficult. He noted that most developers are interested in negotiating the alignment of those streets away from their properties; and stressed the importance of considering what the relocation of an alignment will do to adjacent properties, noting the result is to "gore someone else's ox". Commissioner Smiley identified the importance of firmly planning the major streets first, rather than considering proposals to shift streets in conjunction with specific development plans. Local Street Standards. Commissioner Kirchhoff suggested that the standards for neighbor- hood streets be decreased. Associate Planner Chris Saunders stated that local street standards are typically not included in a transportation plan. He then suggested that they be deleted from this document, along with Figure 5-3, and that the issue be addressed under the subdivision regulations. Arterial and Collector Street Standards. Commissioner Kirchhoff stated he is not interested in using Huffine Lane or North 19th Avenue as models to emulate in the construction of future collectors and arterials. He suggested, rather, that the driving lanes be narrowed to 10 feet, particularly since studies show that the narrower lanes significantly change a driver's behavior and tend to slow traffic. He also proposed that the width of the center turn lanes be reduced. Commissioner Smiley noted that the traffic in the downtown area needs to be slowed down, and noted that safety should be the key factor when considering street standards. City Engineer Craig Brawner cautioned that those arterials and collectors within the Montana Department of Transportation system must be constructed to their urban standards. He suggested that two different standards be included in the transportation plan, to denote that the City's main grid system may be different from those segments controlled by the State. Responding to Commissioner Frost, the City Engineer stated that the City could negotiate with the State on the design standards for routes under their control, and that would involve a special deviation process that includes approval from both the state and federal highways. He noted that many communities have voiced concerns about 14-foot driving lanes and 16- to 20-foot-wide turn lanes; and the Montana Department of Transportation has indicated some willingness to base the lane widths on AASHTO standards. Responding to questions from Commissioner Kirchhoff, Planning Director Andy Epple stated it is important to ensure the major network moves traffic through the community safely and efficiently, cautioning that if it doesn't, the result is traffic cutting through neighborhoods. He indicated that the level of service at intersections is one of the key elements to be considered; and there are specific criteria for determining at what level an intersection is working. Commissioner Kirchhoff suggested that having traffic cut through a neighborhood may not be all bad, since the result is dispersement of traffic; however, he noted that if people "simply pin their ears back and go", installation of traffic calming devices may need to be considered. Commissioner Brown asked if this plan is based on an under projection of population; Associate Planner Saunders responded that it is based on population counts taken in April, so it should include students as well as year round residents. 04-30-2001 -6- Commissioner Kirchhoff asked that the capacity standards be reviewed, in light of the information submitted by Mr. Dan Burden. Mayor Youngman suggested that the Commission look at a rough draft of comments at next week's meeting, and submit its comments in writing to the editing sub-committee, which is meeting on May 10, and to the Transportation Coordinating Committee for consideration at its May 23 meeting, at which adoption of the transportation plan is anticipated. Break - 7:20 to 7:30 p.m. Mayor Youngman declared a break from 7:20 p.m. to 7:30 p.m., in accordance with Commission policy. Continued public hearing - Preliminary Plat for Harvest Creek Subdivision, Phases V through Xl - C&H Engineering and Surveying for Homelands Development Co., L.L.C. - subdivide 79.3114 acres located in the SE~,Section 2, T2S, R5E, MPM, into 300 single-family residential lots (between Durston Road and West Oak Street extended immediately west of Phases I-IV) (P-0105) This was the time and place set for the continued public hearing on the preliminary plat for Harvest Creek Subdivision, Phases V through XI, as requested by C&H Engineering and Surveying for Homelands Development Co., L.L.C. under Application No. P-0105, under which 79.3114 acres located in the Southeast one-quarter of Section 2, Township 2 South, Range 5 East, Montana Principal Meridian, is to be subdivided into 300 single-family residential lots. The subject property is located between Durston Road and West Oak Street extended, immediately west of Phase I through IV of the subdivision. Mayor Youngman reopened the continued public hearing. Senior Planner Dave Skelton presented an update to the staff report submitted during the initial portion of the public hearing, held on April 16. He noted that the Commissioners have received copies of his memo dated April 27, forwarding additional staff input, attached to which are a number of public comments. He reminded the Commission that a substantial amount of public input as been received; and a majority of the input pertains to privacy fences, lighting, ponds, refuse on adjoining properties and the alignment of Fowler Lane, with little input being directly on the proposed subdivision. He noted that the 1990 master plan designates Fowler Lane as an arterial, and indicated that a listing of the existing rights-of-way for that road alignment is included in the memo and depicted on the map on the wall. He gave a brief overview of the meeting of various staff members on Thursday, and forwarded staff's conclusion that the road alignment should not be changed and that it does not affect the proposed subdivision. He noted that a walk of the alignment of Fowler Lane as proposed in the 1990 master plan and the transportation plan with representatives from the Department of Fish, Wildlife and Parks revealed the watercourse is strictly an irrigation ditch. Also, Wetlands West, Inc., has reviewed the area and determined no wetlands, manmade or natural, exist along that road alignment. The Senior Planner noted that the extension of Fowler Lane north to Valley Center Drive has been contemplated since the early 1980s, and encouraged the Commissioners to consider the need for an arterial roadway in this area in light of the impending development both to the west and the north of the subject property. He suggested that, if Fowler Lane remains on the section line alignment, the sewer line be relocated to the road alignment in conjunction with a project to increase its capacity. He noted that it may also be determined desirable to shift the road slightly to avoid impacting the two significant groves of cottonwoods located along the section line. Responding to Commissioner Kirchhoff, the Senior Planner stated that the extension of Fowler Lane will probably be funded through a variety of sources, possibly including impact fees, a special improvement district, and contributions by developers. He indicated that staff has determined the extension of West Oak Street and improvements to Durston Road will mitigate the projected impacts that this subdivision will create. 04-30-2001 7- Responding to additional questions from the Commission, the Senior Planner noted that alignment of Fowler Lane is the issue at this time, not the standard to which it will be constructed. Mrs. Janet Swenson, 4959 Durston Road, highlighted the contents of a letter which the neighborhood had sent to the attorney representing the developer. She noted that issues they had identified include elimination of the drainage pond on the western edge of the development, elimination of the requirement for street lighting, the construction of a privacy fence along the entire western property line before construction begins, and either elimination of Fowler Lane or relocation to the Harvest Creek Subdivision. She asked, that, if Fowler Lane is constructed, it not be located along the section line; but that the cottonwoods, willows and other wildlife habitat be protected. Mrs. Swenson stated that she met with Mr. Williams, who is proposing development to the north of the subject property, and he has questioned the need for constructing that roadway between West Babcock Street and West Oak Street. She noted, rather, other streets are being constructed or will be constructed in the near future that will move traffic through the area. Mr. Ted Newman, 535 Valley Drive, stressed the importance of constructing Fowler Avenue to alleviate the potential of people "bobbing and weaving" through the existing street system to get to their destinations. He asked that Valley Drive not be extended through Harvest Creek; rather, he proposed that Springbrook Avenue be used to access the subdivision. He stated that turn arrows on the signal at the intersection of Durston Road and North 19th Avenue are needed before this subdivision can be developed, particularly in light of all the development and traffic on the west end of town. He also indicated support for allowing only Phases 5, 6 and 7 to develop before West Oak Street is extended. Ms. Renee Sippel-Baker, 3781 Sourdough Road, stated that her parents own the property lying between Harvest Creek Subdivision and the section line along which Fowler Lane is to be extended. She asked about the status of the proposed detention pond, particularly since it would drain into the southeast corner of their property. She asked about the potential of having the existing sewer line relocated, particularly since it currently splits their land. She concluded by questioning who will be required to pay for the improvements to Fowler Lane, expressing concern that their ten acres could possibly be responsible for in inordinate portion of the costs, depending on how they are assessed. Mrs. Martie Stewart, 3303 Bitterroot Way, stated she was not aware of this proposal until last Wednesday, since the only property owner along Valley Drive to receive a copy of the notice was the one on the corner of Valley Drive and Durston Road. She voiced strong concern that Valley Drive, which is located in the county but surrounded by city, will become the direct route to this new subdivision. She noted that the road is dirt and gravel, but that does not deter speeders; and the result will be additional maintenance costs to the residents along that road since they privately maintain it. In addition to those concerns, she voiced concern about the safety of the residents along Valley Drive. Ms. Chris Dale, Hyalite Environmental, stated that she has been contracted to do a wetlands analysis by the homeowners between West Babcock Street and West Oak Street; and she will do that work this week. She noted that, through a cursory review, she has identified functional wetlands, but does not know if there are any jurisdictional wetlands along this stretch of the proposed Fowler Lane alignment. Responding to questions from Commissioner Kirchhoff, Ms. Dale stated that, if the canal no longer functioned for agriculture, the wetlands vegetation would die over time; however, the dead trees could still provide habitat for some wildlife and a nesting place for birds. Mr. Darrell Burkenpas, 124 Valley Drive, noted that the Valley Drive area was developed 36 years ago and, at that time, the developer tried to meet the County's requests for construction and maintenance of the road as a private roadway. He stated, however, that 32 years ago, the papers were lost at the Courthouse; and the road became a public road, but the residents have continued to be responsible for its maintenance and all of the attendant costs. He indicated that, while he is not opposed to growth, he is definitely concerned that the needed improvements to West Babcock Street 04-30-2001 ave never been completed despite the continued approvals of subdivisions to the west. He concluded by voicing concerns about the impacts that this subdivision might have on Valley Drive, which is not constructed to accommodate a heavy traffic load, and about the hazardous intersection of Valley Drive and West Babcock Street. Ms. Martie Stewart, 3303 Bitterroot Way, suggested that Valley Drive in the Harvest Creek Subdivision be moved, either to the west or the east, so it does not align with the existing Valley Drive. She noted this could alleviate some of the through traffic, if drivers have to choose to turn onto the street once they are on Durston Road. She suggested another alternative would be to put up posts and a sign'to not allow entering Valley Drive from Durston Road. She concluded by voicing her concerns about the intersection of Valley Drive and West Babcock Street, noting that it is very hazardous in-the winter because it is so shaded that the ice never melts. Mr. Dan Schall, 50 Sweetgrass Avenue, asked if, when planning a community, the roads are built first or if the housing is built first, with the locations of arterial roads being decided later. He indicated that, while he is not opposed to the Harvest Creek Subdivision, he is opposed to the proposed location of Fowler Avenue. He also questioned the need for extension .of that road, since Ferguson. Avenue is already constructed and has a traffic light at its intersection with Huffine Lane. He concluded by suggesting that, if Fowler Avenue is to be extended, it be moved to where it crosses fields and has no impacts on existing development. Ms. Susan Kreitzberg, 4979 Durston Road, stated there are huge cement trucks and gravel trucks using Durston Road to access construction sites. She asked that development of this subdivision not be allowed until Durston.Road is improved. She also asked that Fowler Avenue be relocated and the canal developed as a wildlife habitat with biking/hiking amenities. She concluded by requesting a privacy fence between her property and the subdivision, since she has a single-story house that could be negatively impacted by multi-story homes in this development. Ms. Renee Sippel-Baker, 3781 Sourdough Road, stated the ditch may one day no longer feed farmers' fields. She noted that the watertable on the south end of the subject property is extremely high, and suggested it would be easy to divert that water to the canal so it can remain wet year round, thus preserving the existing habitat. Responding to Commissioner Kirchhoff, Ms. Sippel-Baker stated that the existing sewer easement bisects her parents' ten acres; and Fowler Avenue might be constructed on or adjacent to the .property. She noted that, while she might consider a nature conservancy for that parcel, it may also be in her family's best interests to develop it. She stated that she does not see subdivision as contrary to preserving the habitat and ambiance of the existing strip of vegetation. Mr. Kevin Ulrich, 10 Sweetgrass Avenue, expressed concern that if Fowler Avenue is extended on its current alignment, it would be run along his back yard. He recognized, however, that relocating it would put it in someone else's back yard. He noted there are competing issues to be addressed; however, he suggested an open space easement might be a beneficial alternative. Mrs. Carolyn Powell, 315 Valley Drive, asked how many houses are being built in the Durston Meadows, Harvest Creek and Babcock Meadows Subdivisions and around Ferguson Avenue, and how many arterials have been built to serve those houses. She also questioned why it is projected to take ten to twenty years to build Fowler Avenue or another north/south arterial, particularly in light of the development occurring in the western portion of the community. She noted that West Babcock Street is in the same condition it was in 1973, yet it serves thousands more homes. She concluded by asking that the major road network be upgraded before additional development is allowed to occur. Ms. Lynn Bacon, wetlands specialist with Wetlands West, stated that the section line ditch is a true ditch that only conveys irrigation water, and it is located 160 feet to 340 feet west of the western boundary of the Harvest Creek Subdivision. She concluded by stressing that wetlands are very different from .riparian habitat. She then estimated that the watertable is not particularly high within the proposed subdivision. 04-30-2001 -9- Responding to questions from Commissioner Kirchhoff, Ms. Bacon stated that diverting groundwater to the ditch would require digging a ditch from the subject property to the irrigation ditch. She cautioned that the applicant does not own that property, and the new ditch could create a hazard. Ms. Holly Brown, attorney representing the applicant, stated the consulting engineer for this project has confirmed the watertable is 7 to 8 feet below the surface. She reminded the Commissioners that the issue before them is the whether or not Harvest Creek Subdivision should be approved, not the alignment of Fowler Avenue. She noted, in fact, that the City does not have jurisdiction over the land between this subdivision and the section line alignment of the roadway; and its extension should be considered in conjunction with future proposals for development of those parcels to the west. She stated the applicant has agreed to the conditions proposed by City staff and has contributed considerable costs to various streets as well as the traffic signal at the intersection of North 19th Avenue and Durston Road. She noted that, in a letter dated April 24, she has responded to many of the concerns raised by the neighbors. She offered to put up a wire mesh fence to stop blowing debris and prevent dogs and traffic from crossing to the adjacent private property in lieu of constructing a solid wood panel fence immediately, suggesting that each property owner along the western boundary should be given the opportunity to construct the fence of choice after the home has been completed. She then requested that the condition pertaining to lighting be modified, in light of the neighbors' concerns; however, she indicated that if it is not modified, the applicant will abide by the condition as established by the Commission. Responding to Commissioner Brown, Ms. Holly Brown stated that if the Commission wants to take additional time to look at the alignment of Fowler Avenue, the applicant has indicated a willingness to not develop the westernmost lots in the subdivision for one year. Mr. Per Hjalmersson, C & H Engineering, indicated that many of the concerns voiced by staff regarding the initial submittal have been addressed through changing from retention ponds to detention ponds and by removing and relocating drainage areas. He indicated that Farmall Street could be extended to the western boundary to create another access to Fowler Avenue. He concluded by noting the applicant has shown good faith by addressing what has been required by staff, and encouraged approval of this application. At Mayor Youngman's request, Director of Public Service Debbie Arkell addressed the issue of why Fowler Avenue is proposed for extension. She noted that arterials are located on section lines, and they include North 19th Avenue, Fowler Avenue and Cottonwood Road; collectors are located at mid-points between and include North 27th Avenue and Ferguson Avenue. She stated that the City is missing two sections of right-of-way for Fowler Avenue on a section line alignment, noting a map has been posted showing the rights-of-way that have been obtained. She noted that, in reviewing old City documents, she has found that the City began obtaining right-of-way for the extension of this roadway in 1980; and it has been on the Transportation Coordinating Committee's priority list for urban funds for several years. In fact, she noted it is now No. 3 and consideration has been given to moving it to No. 2. The Director of Public Service noted that arterial roadways do not have to be perfectly straight, however, they need to be curved in a nice, steady flow; and intersections near the curves are where a majority of the accidents will occur. She then stated that the original plans for development of Fowler Lane show two lanes on each side of the ditch and trees. Responding to questions from Commissioner Kirchhoff, the Director of Public Service stated that in 1992, the Commission made a conscious decision to keep Fowler Avenue on the section line; and that is the plan that staff has been following. Senior Planner Skelton responded to questions raised during the public testimony. He noted that the size of the sewer line will need to be increased; and it would be possible to relocate it at that time to align with any possible realignment of Fowler Avenue if determined desirable. He indicated that a minor arterial requires 100 to 110 feet of right-of-way, and the section line is 165 feet west of the subject property. He noted that if Fowler Avenue is realigned so that the east edge of the road is along the west edge of this property, it will have no effect on this subdivision. 04-30-2001 -10- City Engineer Craig Brawner cautioned that realigning the roadway by 160 feet will require a substantial transition distance. He noted that a portion of the right-of-way has been acquired to the north of this property, and that alignment should be taken into consideration in any possible realignment in this area. He also cautioned that it is more difficult to develop the properties around a transition because of the odd-shaped parcels that result. Senior Planner Skelton stated that the boundaries of a special improvement district determine who will participate in paying for a specific improvement. He stressed that those costs must be proportionate to the benefit received. City Engineer Craig Brawner responded to questions raised during the public hearing. He noted that the intersection of North 19th Avenue and Durston Road is on a Montana Department of Transportation route. The turn arrows for that intersection are on hand; however, they have not been installed because they haven't been justified. He indicated that Valley Drive could be realigned so it does not match the existing street, noting that it must be misaligned by at least 90 feet so a driver can't just angle across the intersection. He suggested that, through the creation of a special improvement district, properties within this subdivision could help pay for the extension of Fowler Avenue. He then asked that the Commission require, at a minimum, lighting of the major intersections on Durston Road and West Oak Street for safety purposes. At Mayor Youngman's request, the Commissioners discussed possible changes to the recommended conditions to address issues raised during the public hearing. Mayor Youngman asked about the condition pertaining to lighting within the subdivision. As a result of discussion, the Commissioners concurred that Condition No. 47 should remain and be expanded to include lights on the houses and the major intersections and along Durston Road and West Oak Street. The Senior Planner noted that this change will also require amending the covenants. Mayor Youngman asked if any conditions need to be revised to provide for removing the drainage pond. Senior Planner Skelton responded that Condition No. 4 adequately addresses it. Mayor Youngman turned her attention to the request that a privacy fence be provided and the applicant's offer to install a wire mesh fence. A majority of the Commissioners agreed with the proposal to install a wire mesh fence, with each lot to be permanently fenced as it is developed. Regarding the proposal to move Valley Drive, a majority of the Commissioners agreed it should be shifted at least 90 feet, so it does not align with the existing Valley Drive. City Engineer Brawner suggested that the road be moved to the west, and possibly be given a different name. Senior Planner Skelton proposed that Condition No. 22 be eliminated since Condition No. 42 deals with downstream water user facilities. Also, he suggested that Condition No. 37 be eliminated because the waivers were filed with annexation of the property. The Commissioners concurred that a waiver of right to protest the creation of a special improvement district for improvements to Fowler Avenue be added to the conditions. Director of Public Service Debbie Arkell asked that, if the Commissioners agree with the provisions of Condition Nos. 18 and 44, they be revised to become conditions rather than suggestions; the Commissioners concurred that both should be conditions, with Condition No. 44 being revised to reflect that the device is to be approved by the City Engineer. Mayor Youngman asked if the Commissioners want to impose a one-year delay on development of the lots along the west edge of the subdivision. As a result of discussion, the Commissioners determined that, since it does not appear the alignment of Fowler Avenue would be shifted far enough to reach this property, it should not be considered at this time. They did, however, reiterate their strong commitment to preserving the trees and the ditch along the section line. Commissioner Frost stated he feels at least one more east/west street should be extended to Fowler Avenue, in an alignment close to the pedestrian way. He also voiced concern about the 04-30-2001 -11- lengths of Blocks 16, 17, 18, 20 and 24, since they range from 580 to 700 feet long; and asked that those blocks be broken with additional north/south streets. Commissioner Kirchhoff suggested that a pedestrian way or trail be added through the blocks between Durston Road and the park area so people don't have to use the streets to reach it. He also asked that the drainage easement along the north end of the parkland be expanded so that it is surrounded on three sides by streets and on the fourth side by an easement that provides a clear separation between public and private land. Commissioner Kirchhoff noted that the northwest part of this property has been designated for neighborhood commercial development in the draft 2020 plan and asked if the applicant has considered that option. Mr. Walt Wolf responded that this property is not at the intersection of West Oak Street and Fowler Avenue and, as a result, may not be an appropriate location for commercial development. He indicated, however, that he would be willing to look at the possibility for Phase Xl as Phase X is nearing build out and will submit an application for commercial development if it appears feasible. Ms. Holly Brown provided responses to many of the proposed additional conditions. She indicated acceptance of the revisions to the lighting condition. She accepted the condition to require a wire mesh fence along the western property line; however, she stated that forcing the residents along the western boundary of the subdivision to install privacy fences seems inappropriate. She also accepted the proposal to offset Valley Drive, as approved by the City Engineer, and the waiver of right to protest the creation of an SlD for improvements to Fowler Avenue. She stated that the swale on the north end of the park could be separated from the private lots through the use of landscaping or river rock, thus giving a visual break. She agreed with the proposal to resubmit an application for commercial development of Phase XI when Phase X is complete, if it seems appropriate. She agreed with the proposed revisions to Condition No. 18 and to Condition No. 44, to add "shall be installed at Farmall and Springbrook." She also indicated the applicant is willing to install a pedestrian way across Blocks 16, 17, 18, 20 and 24, to break the blocks into essentially equal lengths and to put traffic calming devices in the streets where the pedestrian way crosses them. Mr. Per Hjalmersson indicated a willingness to extend Farmall to the western boundary, to connect with Fowler Avenue when it is constructed, as well as Case Street. Responding to Director of Public Service Arkell, Commissioner Frost indicated that Condition No. 50 in the Planning Board's resolution should be eliminated. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the preliminary plat for Harvest Creek Subdivision, Phases V through Xl, as requested by C&H Engineering and Surveying for Homelands Development Co., L.L.C. under Application No. P-0105, under which 79.3114 acres located in the Southeast one-quarter of Section 2, Township 2 South, Range 5 East, Montana Principal Meridian, is to be subdivided into 300 single-family residential lots, be approved subject to the following conditions: The developer is advised that the subject property is in the SID No. 621 (sewer) Far West Payback Area· The complete payback for each phase will be required prior to final plat approval for that phase. The applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of S.I.D.s for the following: Street improvements to Durston Road from the west property line of this subdivision to North 19th Avenue, including paving, curb and gutter, sidewalk and storm drainage facilities. Street improvements to Fowler Avenue from Durston Road to West Oak Street, including paving, curb and gutter, sidewalk 04-30-2001 -12- o and storm drainage facilities, for those portions of the subdivision lying within one-half mile of the Fowler Avenue alignment. The document filed shall specify that in the event an S.I.D. is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. Prior to submittal of plans and specifications for any proposed phase of this development, an infrastructure phasing schedule for the subdivision shall be submitted to and approved by the City Engineer's office. All infrastructure improvements required for each phase of the development, including water and sewer main extensions, public street, curb and gutter, sidewalks and related storm drainage infrastructure improvements as identified in the schedule, shall be constructed or financially guaranteed prior to final plat approval for each phase. No building permits for any phase of the development will be issued prior to completion and City of Bozeman acceptance of said infrastructure improvements for that phase. Should the actual phasing of the subdivision occur in a sequence different from that indicated in the approved schedule, the infrastructure improvements required to be in place prior to the filing of the final plat for the new phases shall be reviewed and approved by the City Engineering Department. A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease, and other pollutants from the runoff from the public streets and all lots must be provided to and approved by the City Engineer. The master plan must depict the maximum sized retention/detention basin location, and locate and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. The plan shall include site grading and elevation information particularly for the basin sites., drainage ways, and lot finished grades, typical stormwater retention/detention basin and discharge structure details, basin sizing calculations and a stormwater maintenance plan. Any stormwater ponds located within a park or open space shall be designed and constructed to be conducive to the normal use and maintenance of the open space. Stormwater ponds may not be located on privately owned lots. No open channel flow in drainage easements across private property will be permitted. All-weather access to any proposed storm sewer manholes must be provided. The use of large retention ponds will be strongly discouraged. The ultimate point(s) of discharge from any proposed detention ponds, as well as the path of overflow from any proposed retention ponds shall be clearly depicted on the plan. The applicant is reminded that the original preliminary plat submittal for this subdivision indicated that stormwater from the portion of Harvest Creek west of the Harmon Ditch was to have been routed to a detention pond to be located in the northwest corner, which was to discharge to an existing swale. All stormwater improvements needed for each phase must be constructed or financially guaranteed prior to filing the final plat for that phase. No building permits in a given phase will be issued until the stormwater improvements 04-30-2001 13- 10. 11. 12. required for that phase (as detailed in the approved infrastructure phasing plan) are constructed and approved. Detailed review of the final grading and drainage plan and approval by the City Engineer will be required as part of the infrastructure plan and specification review process. The developer's engineer shall submit a comprehensive utilities design report evaluating existing capacity of water and sewer utilities. The report must include hydraulic evaluations of each utility for both existing and post- development demands. The report findings must demonstrate adequate capacity to serve the full development. If adequate water and/or sewer capacity is not available for full development, the report must identify necessary water system and sewer system improvements required for full development. The developer will be responsible to complete the necessary system improvements to serve the full development. All water main extensions of more than 500 feet required for the subdivision shall be fully looped. All proposed water and sewer mains shall be extended to the subdivision property lines to adequately accommodate future extensions and/or looping. Plans and specifications for all water and sewer main extensions, prepared and signed by a Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by the City Engineer for each phase of development. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements for any phase until the plans and specifications for that phase have been approved and a preconstruction conference has been conducted. No building permits for any phase shall be issued prior to substantial completion and City acceptance of the water and sewer infrastructure improvements required for that phase. The correct location of and the distinction between existing and proposed sewer and water mains and all easements shall be clearly and accurately depicted on the infrastructure plans, as well as all nearby fire hydrants and proposed fire hydrants. Any easements which may be needed for the water and sewer main extensions shall be a minimum of 30 feet in width. In no case shall the proposed utility be located less than 10 feet from the edge of the easement. All necessary easements shall be provided prior to final plat approval and shall be shown on the plat. Easements for off-site improvements shall be provided to the City prior to plan and specification approval. Wherever and whenever water and/or sewer mains are not located under improved streets, a 12-foot wide all weather access drive shall be constructed above the utilities to provide necessary access Plans and specifications for the public street improvements, including curb and gutter, sidewalk and related storm drainage infrastructure improvements, prepared and signed by a Professional Engineer (PE) registered in the State of Montana, shall be provided to and approved by the City Engineer for each phase of development. The applicant shall also provide professional 04-30-2001 -14- 13. 14. 15. 16. 17. 18. engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements for any phase until the plans and specifications for that phase have been approved and a preconstruction conference has been conducted. No building permits for any phase shall be issued prior to substantial completion and City acceptance of the street infrastructure improvements required for that phase. Streets within the subdivision shall be City standard width and City standard curb, gutter and sidewalk shall be provided along all streets in the subdivision. Sidewalk shall be installed in conjunction with street construction unless otherwise approved by the City Commission. If an alternative street width is proposed, it must be demonstrated that the design will accommodate two-way traffic, emergency vehicle access and parking needs for the subdivision. No direct access from individual lots to Durston road will be approved. Cul-deosac rights-of-way must be 100 feet in diameter, with a paved diameter of 70 feet. Where temporary cul-deosacs are proposed, they may not be located on private lots. Easements must be provided for temporary cul-de-sacs located on adjacent property. Temporary cul-de-sacs shall have a minimum radius of 35 feet and may be of aggregate construction. Another name must be used for Case Street west of Hunter's Way. All street names must be reviewed and approved by the City Engineering Department prior to filing the final plat for the phase that contains that street. Construction of City standard sidewalk one foot from the property line adjacent to Durston Road will be required prior to final plat approval of Phase V. The Traffic Impact Analysis (TIA) submitted with the preliminary plat states that the addition of all traffic generated by Harvest Creek West to the current network will degrade the Level of Service (LOS) on Durston Road from C to D. Section 16.18.050D.7 of the Bozeman Municipal Code states that the street LOS may not be less than D. Since the applicant's TIA does not consider the incremental or cumulative effect on the LOS as each phase is built, the LOS on Durston Road at any intermediate point in the development of this subdivision would be unknown. The TIA is also based on an assumption that at full build-out, 43% of the traffic generated will use West Oak Street, which is not continuous all the way to North 19th Avenue at this time and may not be at the time of full build-out of Harvest Creek West. The TIA also did not consider the effects of Ferguson Meadows Subdivision, where homes are now being built. It is noted that the City Commission recently placed a condition on Annie Subdivision, limiting which phases of that subdivision could be platted prior to the sale of bonds from an SID to finance improvements to Durston Road. As such, the applicant has requested that he be allowed to plat the first three phases of Harvest Creek West, that is, Phases V, VI and VII, prior to completion of improvements to Durston Road. While traffic impact associated with each phase was not evaluated in the TIA, considering the issues noted above it appears reasonable to project that the LOS on Durston Road will not degrade below D with the build out of the 127 lots contained in Phases V, VI and VII. 04-30-2001 15- 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. Therefore, the phasing schedule shall state that street improvements to Durston Road must be completed prior to initiation of construction of the fourth phase of Harvest Creek West (Phase VIII). The Engineering Department does wish to recognize that the applicant has provided $10,000.00 to be used for creating an SID to fund improvements to Durston Road from the west boundary of Harvest Creek to North 19th Avenue, and the Engineering Department is proceeding with procurement of a consultant to create that SID. We have committed ourselves to trying to create this SlD in the most expeditious manner. Since construction activities related to this project will result in the disturbance of more that five acres of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality may need to be contacted by the applicant to determine if a Stormwater Discharge Permit is necessary. If a permit is required by the State, the developer shall demonstrate to the City full permit compliance. The Montana Department of Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineers will need to be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to final site plan approval. That the final subdivision plat is legibly drawn at a horizontal scale of no less than one hundred (100) feet to the inch, and that all boundaries, dimensions, distances, and areas are clearly specified. That the final plat contain a notation stating that all downstream water user facilities will not be impacted by this subdivision and that it be noted accordingly in the by-laws and protective covenants for the homeowners' association. That the by-laws and protective covenants of the homeowners' association be amended to include language that defines the front and rear yards of each individual corner subdivision lot as those yards that coincide with the orientation of all yards established by the interior subdivision lots of each block, and that the determination of all required yards shall be further reviewed and approved by the Planning Office during the processing of applications for building permits for each individual residential dwelling. That all corner subdivision lots shall maintain a minimum lot width of not less than ten (10) feet wider than the width of all interior subdivision lots located within each prescribed subdivision block. That all areas for the collection of stormwater runoff shall be described as "Common Open Space" owned and maintained by the homeowners' association, and noted accordingly in the by-laws and protective covenants, for review and approval by the Planning Office prior to final plat approval. That all subdivision lots located at the end of cul-de-sac streets shall maintain a minimum lot width of not less than sixty (60) at the front yard setback Lot Nos. 30 and 31, Block 22, are undevelopable for typical single-family residential dwellings within this subdivision and should be redesigned with additional lot width to accommodate single-family structures. That applicant provide payment of the calculated cash in-lieu of water rights for each subdivision phase prior to the filing of the final plat for said phase. 04-30-2001 -16- 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. That the applicant obtain encroachment permits from the County Road Office for all accesses on County maintained roads. That a one foot wide "No Access" strip be delineated and noted accordingly on the final plat for all lots fronting onto Durston Road and West Oak Street prior to obtaining final plat approval. That the final plat shall comply with Section 16.10.030 of the Bozeman Area Subdivision Regulations, and shall include all appropriate certificates, and be accompanied by all appropriate documents, including a Platting Certificate. Four mylar copies of the final plat must be submitted for final plat approval, along with a digital copy of the final plat, on a double sided, high density 3 ~ ~ inch floppy disk. That the applicant obtain Montana Department of Environmental Quality approval of the subdivision prior to final plat approval pursuant to Sections 16.16.101 through 16.16.805 A.R.M. That applicant submit with the final plat application, for review and approval by the Planning Office, protective covenants, restrictions and articles of incorporation for each phase of the preliminary plat as being party to the homeowners' association of Harvest Creek Subdivision, which shall be recorded and filed at the Gallatin County Clerk & Recorder's Office with the final plat for each phase. That the applicant obtain written approval from the Bozeman Recreation and Parks Advisory Board regarding the design and location of the dedicated parkland for said major subdivision prior to final plat approval. That utility easements as prescribed by the Subdivision Regulations be provided on the final plat. That the developer submit a formal development plan for the design of the dedicated parkland for review and approval by the Superintendent of Facilities and Lands signed by a certified landscape architect. Details of plantings, species, topography, irrigation system, and any permanent park features shall be shown and discussed with the plan. Construction of the parkland improvements will be to City standards and must be completed with City oversight. The dedication of public parkland located in Phase 9 and installation of parkland improvements shall be addressed with the filing of the final plat for Phase V. That the final plat contain the minimum twenty (20) foot wide utility easements on all side and rear property lines as required by the Subdivision Regulations. The requirement of utility easements in the side property lines may be waived when all local utility agencies and the Director of Public Service agree in writing that utilities can be installed in the twelve (12) foot wide and ten (10) foot wide utility easements along the front and rear of the residential lots or other proposed easements and that utility easements along the side property lines are not necessary. That the final plat contain the following language that is readily visible with lettering on the plat at a minimum width of 1/8-inch placing future landowners of individual lots on notice of the presence of high groundwater in the area of the subdivision for review and approval by the Planning Office: "Due to relatively high ground water table within the areas of the subdivision, it is not recommended that residential dwellings with full basements be constructed without first consulting a 04-30-2001 -17- 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. professional engineer. If daylight basements are incorporated in the construction of residential dwellings, they should not have a depth greater than (3) three feet below the top of the curb of the street from which it is served." All street names shall be reviewed and approved by the County Road and Bridge Department and City Engineering Department. Prior to filing of the final plat for each phase of the subdivision the applicant must provide written documentation of a Memorandum of Understanding from the County Weed Control District verifying the implementation of a noxious weed management and revegetation plan. The final plat shall contain a notation stating that the development of each phase will not interfere with any agricultural water user facility or irrigation ditches for downstream water user rights. Pedestrian crosswalk pavement markings and signs shall be installed on Durston Road at the intersection with Valley Drive and Hunter's Way, and at the intersection of Annie Street with Hunter's Way and Valley Drive. Traffic calming devices and/or street design improvements, subject to review and approval by the City Engineer, shall be installed at the intersections of Valley Drive with Rose Street, Annie Street, and Farmall Street and at the intersections of Springbrook Avenue with Rose Street and Annie Street. No stormwater runoff swales and/or ditches shall be allowed in required yard setbacks unless installed underground in properly designed piping reviewed and approved by the City Engineer's Office. There shall be a 25-foot setback along all subdivision lots in Phase V that adjoin Durston Road and West Oak Street and noted accordingly in the by- laws and protective covenants for review and approval by the Planning Office prior to final plat approval of Phase V. That the applicant install boulevard street lights within the dedicated right-of- way at a regular spacing along all interior subdivision streets, intersection lights at the major intersections with Durston Road and West Oak Street, that comply with Section 18.50.035.A, Glare and Lighting, and that the applicant provide a typical light fixture detail that demonstrates a fixture that deflects light down and/or away from any adjoining residential district and shall not detract from driver visibility on adjacent streets, for review and approval prior to final plat approval. The by-laws and protective covenants of the homeowners' association shall be amended to include language that requires that all lights on residences shall comply with Section 18.50.035.A, Glare and Lighting, and that the applicant provide a typical light fixture detail that demonstrates a fixture that deflects light down and/or away from any adjoining residential district and shall not detract from driver visibility on adjacent streets. The subdivider shall ensure that all construction material and other debris is removed from the subdivision prior to final plat approval, or prior to release of said financial guarantee, if an Improvements Agreement is necessary with the final plat. That the developer shall enter in an Improvements Agreement with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is filed prior to installation of all improvements, the developer shall 04-30-2001 18- supply the City of Bozeman with an acceptable method of security equal to one hundred fifty (150) percent of the cost of the remaining improvements. 49. That Farmall Street and Case Street shall be extended to the western boundary, for future connection to Fowler Avenue. 50. That Valley Drive shall be offset from the existing Valley Drive by a minimum of 90 feet, as reviewed and approved by the City Engineer, and that it be renamed. 51. That, as development of Phase X is nearing completion, the developer shall discuss the potential of neighborhood commercial development in Phase Xl and, if determined feasible, will submit the necessary applications to accommodate said change in the land use prior to the filing of the final plat for Phase Xl. 52. A Class II trail, 15 feet in width, shall be provided, within a public access easement at approximately mid-point through Blocks 16, 17, 18 and 20, with traffic calming devices at those points where the trail crosses the street, with the design and location subject to review and approval by the City Engineering Office. 53. 54. Prior to any development, the developer shall erect a wire mesh fence along the western boundary of the property that will keep construction debris from blowing onto adjacent properties and children and pets from crossing onto adjacent private properties. That the developer shall have three (3) years from the date of preliminary plat approval to complete the conditions of preliminary plat approval and apply for final plat approval for Phases 5-1 !. 55. That the applicant submit with the application for final plat review and approval of Harvest Creek Subdivision a written narrative stating how each of the conditions of preliminary plat approval have been satisfactorily addressed. The motion carried by tt~e 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) Listing of planning projects scheduled for public hearings before the City Commission during the next two months. (2) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, May 1, at the Courthouse. (3) Revised agenda for the Development Review Committee meeting which was held on Tuesday, April 24. (4) Agenda and revised agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, May 1, at the Professional Building. 04-30-2001 -19- (5) Agenda for a special Design Review Board meeting to be held a.t 3:30 p.m. on Tuesday, May 1, at the Professional Building. (6) Agenda for the City Planning Board meeting to be held at 7:00 p.m. on Tuesday, May 1, in the Commission Room. (7) Commissioner Kirchhoff announced that the MSU design students will be displaying a scale model of the core downtown area in the gallery at Cheever Hall on campus at 1:00 p.m. on Wednesday afternoon. He stated the scale model shows the existing buildings and includes potential additions, such as.a parking structure. Adjournment - 11:25 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Kirchhoff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Kirchhoff, Commissioner Brown, Commissioner Smiley and Mayor Youngman; those voting No, none. MARCIA B. YOUNGN4"AN,~ayor ATTEST: ROBIN L. SULLIVAN Clerk of the Commission 04-30-2001