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HomeMy WebLinkAbout2005-08-01 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA August 1, 2005 ***************************** The Commission of the City of Bozeman met in regular session in the Community Room, Gallatin County Courthouse, 311 West Main Street, on Monday, August 1,2005, at 7:00 p.m. Present were Mayor Andrew Cetraro, Commissioner Marcia Youngman, Commissioner Steve Kirchhoff, Commissioner Lee Hietala, City Manager Chris Kukulski, Assistant City Manager Ron Brey, Director of Public Service Debbie Arkell, Director of Finance Anna Rosenberry, Director of Public Safety-Police Mark Tymrak, Director of Public Safety-Fire Chuck Winn, Planning Director Andy Epple, City Attorney Paul Luwe and City Clerk Robin Sullivan. Commissioner Jeff Krauss was absent. The meeting was opened with the Pledge of Allegiance and a moment of silence. Authorize absence of Commissioner Krauss from this meetina It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff. that the Commission authorize Commissioner Krauss' absence from this meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala and Mayor Cetraro; those voting No, none. Minutes - March 21, June 6. Julv 5. Julv 8. July 11. Julv 18 and Julv 25. 2005 Mayor Cetraro deferred action on the minutes of the meetings of March 21, June 6, July 5, July 8, July 11, July 18 and July 25, 2005, to a later date. Consent Items City Manager Kukulski presented to the Commission the following Consent Items. Ordinance No. 1644 - annexina east side of 1600 block of South Third Avenue into the MSU neiahborhood parkina district: provisionallv adopt and brina back in two weeks for final adoption ORDINANCE NO. 1644 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 1 0.32.395 PERTAINING TO THE AREA DeSIGNATED AS THE MSU RESIDENTIAL DISTRICT TO INCREASE THE AREA TO BE INCLUDED 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. Ordinance No. 1645 - adoptina comprehensive revisions to unified development ordinance: provisionally adopt and brina back in two weeks for final adoption ORDINANCE NO. 1645 AN ORDINANCe OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING A NEW UNIFIED DEVELOPMENT ORDINANCE TO REPLACE THE EXISTING ZONING AND SUBDIVISION REGULATIONS. 08-01-05 - 2 - Ordinance No. 1646 - revisina Section 13.28.040 of the Bozeman Municipal Code. providina for discharae prohibitions to the City's wastewater system: provisionallv adopt and brina back in two weeks for final adoption ORDINANCE NO. 1646 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTION 13.28.040, PROVIDING FOR DISCHARGE PROHIBITIONS TO THE CITY'S WASTEWATER SYSTEM. Commission Resolution No. 3827 - intent to amend Bozeman 2020 Communitv Plan to extend plannina boundary to include entire 319-acre parcel located east of City's landfill and establish land use designation of "Suburban Residential" COMMISSION RESOLUTION NO. 3827 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, STATING THE CITY'S INTENT TO REVISE THE BOZEMAN 2020 COMMUNITY PLAN BY EXTENDING THE PLANNING BOUNDARY TO INCLUDE THE ENTIRETY OF A 319- ACRE PARCEL, AND BY AMENDING THE LAND USE DESIGNATION, AS SHOWN ON THE FUTURE LAND USE MAP, TO "SUBURBAN RESIDENTIAL" FOR THE ENTIRE PARCEL, WHICH IS LOCATED GENERALLY EAST OF THE CITY'S SANITARY LANDFILL ON STORY MILL ROAD, GALLATIN COUNTY, MONTANA. Commission Resolution No. 3828 - establishina revised water rates. effective September 1. 2005 COMMISSION RESOLUTION NO. 3828 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING RATES FOR WATER CHARGES FOR THE CITY OF BOZEMAN. Commission Resolution No. 3829 - establishina revised wastewater rates. effective September 1. 2005 COMMISSION RESOLUTION NO. 3829 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING RATES FOR WASTEWATER (SEWER) SERVICE FOR THE CITY OF BOZEMAN. Commission Resolution No. 3830 - established revised landfill aate fees. effective September 1. 2005 COMMISSION RESOLUTION NO. 3830 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING THE TYPES OF WASTE PERMITTED AT THE CITY OF BOZEMAN LANDFILL AND AFFIRMING THE LANDFILL FEE SCHEDULE, AND PROVIDING A FEE FOR COMPOSTABLE MATERIALS FOR USERS OF THE CITY OF BOZEMAN LANDFILL. Commission Resolution No. 3831 - authorize City Manaaer to sian Chanae Order No. 5 for Professional Buildina second floor remodel - R&R Tavlor Construction. Inc.. Bozeman. Montana - increase contract amount bv $1.949.25 COMMISSION RESOLUTION NO. 3831 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING ALTERATION/MODIFICATION OF CONTRACT WITH R&R TAYLOR CONSTRUCTION, INC., BOZEMAN, MONTANA. 08-01-05 - 3 - Acknowledae receipt of request for annexation of 2.65 acres Ivina alona south side of West Babcock Street at Michael Grove Avenue extended - Glen Haven Properties. Inc.: refer to staff Authorize City Manaaer to sian - Aareement with Doua Kurk - three-year aaricultural lease for approximatelv 24 acres located at Water Treatment Plant Authorize City Manaaer to sian - Acceptance of Conditional Irrevocable Offer of Dedication for water and sewer main extensions for Red Tail Meadows - Warbler Development LLC Authorize City Manaaer to sian - Acceptance of Public Street and Utilitv Easement from William H. Louis, Mardie A. Louis and Latiao Investments. LLC - 60-foot- wide easement across a portion of Lots 4 and 5. Baxter Lane Subdivision extendina west from Thomas Drive for Sartain Street Authorize City Manaaer to sian - (a) Purchase Aareement with Lorie L. Hovanec - 45- foot-wide striD alona north end of Remainder Tract 7. Smith Subdivision: lb) Acceptance of Quit Claim Deed for 45-foot bv 123.1-foot strip alona north end of Remainder Tract 7. Smith Subdivision: and (c) AcceDtance of Temporarv Access Easement and Aareement for 5-foot-wide strip alona north end of Remainder Tract 7, Smith Subdivision (Parcel No.3 for Durston Road proiect) Final plat for Baxter Sauare Subdivision PUD. Phases 1 and 2 - subdivide property Ivina alona north side of Baxter Lane. west of Thomas Lane into 51 townhouse lots. 1 sinale-household lot and 1 eiaht-plex lot Application for Beer and Wine License for Calendar Year 2005 - Maaic Diamond Too of Bozeman, 2609 West Main Street Application for Beer and Wine License for Calendar Year 2005 - Luckv Lil's Buffet and Gaming. 1510 North 19th Avenue Award bid - 2005 Curbina and Sidewalk Improvements - Century Companies, Inc.. Belarade. Montana - in the bid amount of $117.366.40 Appointment of Commissioner Kirchhoff and Commissioner Krauss to sub-committee to review Depositorv Bonds and Pledaed Securities as of June 30, 2005 Claims It was moved by Commissioner Hietala, seconded by Commissioner Youngman, 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 Hietala, Commissioner Youngman, Commissioner Kirchhoff and Mayor Cetraro; those voting No, none. Public comment Ms. Mary Vant Hull, 416 East Story Street, expressed concern about the barrage of fireworks that occurred below Peet's Hill, noting that it was noisy for hours without interruption. She encouraged the Commission to keep working on the ordinance to addressed the issues that have arisen under the current regulations. Ms. Kaaren Jacobson, 1110 South Third Avenue, characterized any decision to privatize the solid waste program as a short-term fix, and expressed concern that the community suffers in the long term when short-term fixes are pursued. She asked what happens if a private monopoly does not work, cautioning that other communities have incurred huge bond issues to get back into the business. She proposed that, if the 08-01-05 -4- Commission chooses to go down this risky path, itset aside the $10 million from sale of assets plus the $4.7 million already in the bank and hold it in trust for the future. Mr. Joe Dennehy, 1116 Brentwood Avenue, noted the landfill makes money for the City, and the transfer station also will if it is built. He expressed concern that with BFt holding a monopoly, rates will rise for both their current customers and the City's customers. He cautioned that, without a transfer station, residents will be required to make a 48-mile round trip to dump excess garbage like couches and refrigerators. He then stated there is "something morally wrong with telling 18 hard working employees, 'we don't care; thanks for what you've done; now go work for the company that took your jobs'''. He noted that if there is a mess around the garbage containers, the City workers will clean it up or will return if a customers forgets to put out the garbage and calls in. He concluded by expressing concern that this issue is being rushed through without a whole lot of thought. Reauest to create a tax increment financin9 district in the northeast sector of the community (aenerallv bounded by North Rouse Avenue. East Peach Street, Plum Avenue. Front Street and extension of East Oak Street) This was the time and place set for the public hearing on the request submitted by property owners in the northeast sector of the community to create a tax increment financing district in an area generally bounded by North Rouse Avenue, East Peach Street, Plum Avenue, Front Street and extension of East Oak Street. Public hearing Mayor Cetraro opened the public hearing. Assistant City Manager Ron Brey presented the staff report. He noted that what is before the Commission at this time is a proposal for declaring that blighted areas, as defined by State statute, exist in a defined area within the northeast sector of Bozeman and that redevelopment is in the public interest. He stated this is the first step in moving forward with the development of an urban renewal plan and the creation of a tax increment financing district. He stated the urban renewal plan can be developed by a committee appointed by the Commission or may be prepared by staff, and encouraged the Commission to appoint a committee that represents the diverse interests of the area to prepare the plan. He noted that plan must be in accordance with the adopted growth policy and is sl;lbject to public hearings before the Planning Board and the City Commission prior to its adoption. Assistant City Manager Brey acknowledged that declaring that blight exists in the northeast sector is a tough issue with which to deal. He characterized the use of the term "blight" in State statutes as unfortunate, and recognized that this section of the statutes includes dramatic language. He stressed, however, that this language is similar to some of the language in the section pertaining to zoning, and that age obsolescence of infrastructure, including streets, water, sewer, and sidewalks, and the existence of asbestos contamination and underground storage tanks are issues that can be identified as "blight". He noted that the report prepared by Mr. Nelson, ThinkTank Designs, makes those findings. The Assistant City Manager noted that under a recent US Supreme Court ruling, municipalities have the right to condemn private property and then transfer it to another private owner for redevelopment. He acknowledged that this decision is, naturally, of concern to many and suggested there are a number of ways to address that issue. He suggested that it makes the most sense to address the issue in conjunction with the urban renewal plan by including a provision that the City will not use its eminent domain authority for plan implementation or will use it in only a limited manner. The Assistant City Manager reminded the Commissioners that a tax increment financing district does not result in a new tax; it simply provides for redistribution of existing property tax revenues, with a portion of those monies being made available for use within the district as defined in the urban renewal plan. However, it is anticipated that at the end of the program, property values will have increased more than would typically occur outside the district through the redevelopment of properties. Mr. Eric Nelson, ThinkTank Design, stated that he and his partner focused on the northeast sector of the community when considering infill projects. in large part because of its eclectic nature and areas of 08-01-05 -5- vacant land and underutilized parcels. He suggested that the creation of a tax increment financing district will encourage projects and enhance the neighborhood. Mr. Nelson stated that this idea was introduced to the NorthEast Neighborhood Association at its March meeting, and he subsequently invited neighborhood participation through meetings and opened his office to feedback. He recognized the concerns that have been expressed about eminent domain and stated that he would support limiting those powers in the urban renewal plan. Mr. Eric Nelson acknowledged that the raw definition of "blight" has an arresting sound; however, he stressed that this is a tool used by many communities to spur revitalization or infill development. He then drew attention to the needs assessment, which reveals that none of the property values suggest blight of private properties; rather, the public infrastructure is outdated and in need of upgrade. He stated that creation of this district will encourage focusing on the old core of the community and creating a vibrant area. City Manager Kukulski noted that the urban renewal district statutes have been in place for forty years, but recognized the concerns raised by the recent court decision. He stated that none of the seven urban renewal districts with which he has been associated have allowed for the condemnation of private property for another private entity to use and recognized that including a prohibition in the plan would be appropriate. Mr. Jim Browning, 719 North Ida Avenue, stated that if the tax increment financing monies are used for improvements to streets and lighting, he feels it would be appropriate. He noted, however, that the rendering of the area posted on the website shows different buildings from those currently on the ground. He acknowledged that his property is being underused but stressed that it suits his purpose very well. Mr. Terry Giovanini, 703 Coulee Drive, voiced his opposition to the proposal, noting he has owned his commercial property for over twenty years. He stated that when he received his notice two weeks ago, was the first he had heard of this proposal. He recognized that the area may need improvements, but it is not broke and, therefore, does not need fixing. Ms. Julie Maxwell, 621 North Rouse Avenue, stated she owns a house and two apartments in this area because she loves the mixed use character of the neighborhood. She has watched two neighborhoods similar to this one go through development, noting that the result can be a very desirable place to live. She does not want to see the area further subdivided, but feels that this proposed district could encourage upgrading of individual properties that would enhance the area. Ms. Jackie Wilson, 809 East Fridley Place, stated she witnessed blight in downtown Detroit. She stated the northeast neighborhood is extremely vital and is not in need of redevelopment. She further noted this is the last area in Bozeman that is barely affordable, and she would hate to see it change dramatically. She concluded by noting that if this district moves forward, care must be taken to ensure it does not damage the existing neighborhood. Mr. Jay O'Neal, 3003 Healy, stated he owns Treasure State Oil, which has been in its present location for 35 years. He noted the neighborhood itself is progressing naturally, with several improvements having been made in recent years. He stated that any development in the area should pay for itself, not rely on public monies. He then stated that he leases the railroad depot and knows it is blighted; however, the property is owned by the railroad, and it will not sink money into the site. He concluded by stating he does not believe there is a need for the creation of this proposed district. Mr. Dan Guggenheim, 418 North Wallace Avenue, stated he resides outside the proposed district but does support urban renewal in the area. He noted that infrastructure improvements in this area are beginning to gain momentum but could use some help. He asked that this step be taken so that those interested can at least have the opportunity to talk about the possibility of creating an urban renewal plan. Mr. Lawrence Sauten, 420 North Tracy Avenue, stated this proposed declaration of blight is loaded with danger for private property owners around Bozeman. He stated that he does not find the northeast sector of Bozeman is a ghetto, and voiced concern that approval of this request will result in opening the old part of Bozeman to the greed of a few developers. He noted that he has watched his fellow citizens invest time and money into their properties and is concerned that eminent domain powers will be inappropriately used to their detriment. He concluded by encouraging the Commission to not take this step. 08-01-05 - 6- Ms. Oshi Simsarian, 710 East Fridley Street, exp"essed concurrence with the previous speaker and asked the commission to not declare this area as blighted. Mr. Mike Kvasnik, 720 North Montana Street, stated he owns the warehouse at 724 North Wallace street. He noted that his tenants are concerned that the rent will rise if this area is declared blighted, and asked where else one can rent commercial space for $4.25 per square foot. He characterized his property as unique and expressed concern that it may be viewed as undesirable by some and that it will be changed rather than allowed to remain. He concluded by asking that a tax increment financing district not be pursued. Ms. Cheryl Ott, 717 North Church Avenue, voiced her opposition to this proposal, noting that she has seen a lot of improvements on the north side in her thirty years of living there. She stated some very nice small businesses have come into the area and she does not believe developers from out of town should be allowed to change the character of the area. Mr. Kelly Wiseman, 402 North Church Avenue, disagreed with the comparison of this northeast sector to the downtown, stating that this is a mixed use area. He then indicated that he is not as concerned about the eminent domain powers as he is about the powers of an urban renewal agency, including the entering of buildings and the potential that it might impose compulsory changes. He cited several unique features in the area and noted he would hate to lose them because they were not appreciated by someone with a nice shiny new development. Mr. Shelburn Murray, 2125 Sourdough Road, stated he has lived in the northeast sector four different times but can no longer afford those homes. He realized that tax increment financing and infrastructure improvements are important, but he is concerned about changes that will change even this portion of the community to an upscale area. He encouraged the Commissioners to consider the people who choose to live in this area and who cannot afford to live in other parts of the community. He concluded by asking that the Commission not take any steps that would result in people having to leave the part of the community that they so dearly love. Mr. Jim Barnaby, 716 East Peach Street, stated he has lived in his house for 33 years. He noted that over the past year, a group of investors has attempted to buy everything in the area, but people have chosen not to sell their land. He is concerned that the City is now being asked to accept a blight study and to create an urban renewal district. He is totally opposed to this proposal and is suspicious of the reasons behind it. He concluded by noting that residents of the northeast sector have worked hard to protect their end of town from what they view as undesirable development. Mr. Mike Speakman, 526 North 9th Avenue, stated he has owned the property at 805 North Ida Avenue since 1991. He noted that the properties around his have been cleaned up and are now an asset to the area. He encouraged the Commission to let those who are trying to make a living do so without interference. Ms. Marcia Kaveney, 630 EastDavis Street, noted the people who live in this area are extremely smart individuals, and include musicians, artists, college professors, publishers and plumbers. She chooses to live in this area because it is the best one in Bozeman and suits her well. She encouraged the Commissioners to recognize the revitalization that has occurred over the past five to eight years. She also expressed concern about the blight designation, which suggests degrading property values and fails to recognize the hard work that has been done to maintain the properties, particularly since values in this area have increase significantly over the past few years. Ms. Charlotte Knighton, 501 North Church Avenue, stated asked the Commissioners to not do anything to "damage or destroy the last best place in Bozeman." Mr. Paul Griffin, 1202 Hillside Lane, noted his parents have lived in this area for fifty years, noting they have never had to call the police or had a flood, and havefound the lights are fine at night. He noted that pedestrian safety is not a problem but, with proposed new development, that will no longer be the case. He noted the neighborhood is quiet at night because the businesses are closed. He concluded by asking that this area be left alone and not further developed. Mr. Tom Noble, 401 North Church Avenue, stated he can support development that wishes to pay for itself, but is not comfortable with this process. 08-01-05 -7- Mr. Robert Pavlic, 720 Front Street, noted he has lived and owned his business there for 31 years. He stated that his property is listed on the National Register of Historic Places, and he won a beautification award in 2002. He then indicated he is opposed to the proposed blight designation. Ms. Karen Lindell, 416 East Aspen Street, stated she has now been able to buy an affordable house for her, with wavy floors and slanted roof. She noted this area is a wonderful place to walk, and she is encouraged by the love and care for the homes that she has witnessed. She does not support the proposed designation. Ms. Jennifer Glut, 414 East Aspen Street, noted her daughter is disabled but is able to go downtown. She noted those who have chosen to live in the northeast sector have done so for a reason, and she is angry that others' desires are now being imposed on her. Ms. Kathleen Murphy, 623 South Third Avenue, noted that 90 percent of the residents along South Third Avenue have the same water and sewer infrastructure situation that is identified in the blight study. She suggested that this should be not be part of the study unless all of pre-1960 Bozeman is included in the district. Ms. Edith Strickler, 705 East Cottonwood Street, identified her concerns about the proposed district. Mr. Eric Nelson voiced his appreciation for the concerns raised, stressing it has never been their intent to pursue condemnation or eminent domain powers. He acknowledged that those issues should be tempered through the plan developed for the district. He further noted it has never been the developers' intent to change the area, but to create a district and a plan that enhances the area and solves some of its existing problems. Responding to Commissioner Kirchhoff, Mr. Nelson stated that the plan on the website is simply a conceptual depiction of how the areas might look and stressed that it serves as a planning tool only. He then acknowledged that infrastructure improvements will be necessary with any development in the area. City Manager Kukulski noted the several public comments related to the City's inability to replace or upgrade the infrastructure, and stressed that most of those installations or upgrades have been done through the creation of special improvement districts. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision Commissioner Kirchhoff stressed that this agenda item pertains to the creation of a tax increment financing district, and not the ThinkTank project. He recognized that people want to maintain their private property rights and are concerned about any City actions infringing on those rights. He acknowledged that residents find the area is perfect right now, but cautioned that change will come through new development. He noted that the tax increment financing district is the only economic development tool available to the City and, as a result, he is in favor of the district. He assured the property owners that he is not interested in any action that will deprive an individual of his or her right to enjoy property owned. Commissioner Hietala characterized the tax increment financing district as a long-range plan that freezes the funds distributed to government agencies and provides a savings account for this neighborhood. He stressed that it will take several years to see the results of the district and concluded by noting he is inclined to support the district even though many of those in the neighborhood do not support it. Commissioner Youngman noted that she has loved the northeast neighborhood since she moved to Bozeman 26 years ago. She characterized it as the "most funky, charming, eclectic, interesting, and affordable" are of Bozeman and she does not want to do anything that will ruin it. She stated that much of the restoration of business and residential properties has been funded through federal assistance programs in conjunction with private investment. She recognized that every street in this area is less safe than it was years ago, and suggested that some of the tax increment financing monies could be used for the installation of sidewalks. She indicated that she shares the property owners' paranoia and suspicion about the City's eminent domain powers, but stressed that the Commission is not interested in forcing improvements, tearing down buildings, or condemning properties. As a result, she wants to add language to the resolution and the district that precludes the City's ability to invoke those powers. She also noted she wants to make sure 08-01-05 -8- the skeptical property owners and business owners are represented on the committee to create the district and assured those owners that she will vote no on the next step if their concerns have not been addressed. She recognized that for the past several years, the neighborhood. has battled inappropriate business development and suggested that this district actually provides an opportunity to develop a plan for future development and a mechanism to address aging infrastructure. Commissioner Youngman acknowledged that "blight" is an offensive term, but encouraged the property owners to recognize how the downtown has begun to evolve and change under its district. She then reiterated her support for including provisions that preclude the City from exercising eminent domain, with the possible exception of public infrastructure needs, such as street corners where increased turning radii are needed for trucks. Mayor Cetraro voiced his agreement with the previous Commissioner comments. He finds this district would help facility improvements for the betterment of the neighborhood. Responding to questions from Commissioner Kirchhoff, Assistant City Manager Brey indicated that after an urban renewal plan is adopted, a board is appointed to administer the program, including the preparation of an annual work program that is approved by the Commission. He noted that if an unanticipated opportunity arises, a formal publiC process is needed to amend the annual work program. Commissioner Kirchhoff indicated he shares some of the neighborhood concerns. He recognized that the streets are narrow and have no sidewalks and, as a result, do not meet City standards. He then expressed an interest in encouraging that affordability be retained. Assistant City Manager Brey noted that the historic mixed use zoning designation can help to provide flexibility while hanging onto the character of the area. He suggested that the zoning, coupled with the annual work plan, can help to assure the character and affordability are preserved. City Manager Kukulski noted that the plan can provide guidance for future Commissions to follow, and noted that it can include provides to assure diversity and allow for creative, positive results. It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the Commission direct staff to bring back a resolution declaring the existence of blight in the district, with a very explicit prohibition on the use of eminent domain powers to acquire private property for another private property owner's use in connection with the district. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff. Commissioner Hietala, Commissioner Youngman and Mayor Cetraro; those voting No, none. Break - 8:55 to 9:05 p.m. Mayor Cetraro declared a break from 8:55 p.m. to 9:05 p.m., in accordance with Commission policy. Commissioner Hietala did not return to the meeting until after the next agenda item was completed. Conditional Use Permit with Certificate of Appropriateness to allow re-use of existina buildina located at 21 07 North 7th Avenue as cafe servina alcoholic beveraGes for on-premises consumption - Tavlor Architects for Rockv Mountain Restaurant Services. LLC (Dottv's Country Cafe) (Z-05100) This was the time and place set for the public hearing on the Conditional Use Permit with Certificate of Appropriateness requested by Taylor Architects for Rocky Mountain Restaurant Services, LLC. under Application No. Z-05100, to allow re-use of the existing building on Lot 1, KBMN Subdivision, as a cafe serving alcoholic beverages for on-premises consumption. The subject property is located at 2107 North 7th Avenue. Public hearing Mayor Cetraro opened the public hearing. Planner Erin Daley presented the staff report. She noted that this application allows for conversion of the existing building known as Grum's Deli, a restaurant with beer and wine license, to a cafe with 08-01-05 -9- gambling option. She indicated that the staff hasfeviewed this application in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. Based on those findings, staff has forwarded a recommendation for approval,subject to several conditions. She concluded by noting that no public comment has been received on this application. Ms. Amy Bell, Taylor Architects, voiced agreement with the recommended conditions and indicated a willingness to respond to questions. No public comment was received on this application. Mayor Cetraro closed the public hearing. Decision It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the Conditional Use Permit with Certificate of Appropriateness requested by Taylor Architects for Rocky Mountain Restaurant Services, LLC, under Application No. 2-05100, to allow re-use of the existing building on Lot 1, KBMN Subdivision, as a cafe serving alcoholic beverages for on-premises consumption, be approved subject to the following conditions: 1. The applicant shall obtain a City of Bozeman Liquor License and provide the Planning Department with a copy of the license. 2. The applicant shall obtain a State Revenue Department Liquor License and provide the Planning Department with a copy of the license. 3. A signed, notarized and recorded condition of approval for a Conditional Use Permit must be filed with the County Clerk and Recorder. Receipt of filing shall be submitted prior final site plan approval. 4. The applicant must obtain all required permits from the City of Bozeman Building Department prior to occupancy. 5. A complete signage plan depicting proposed locations, size, color schemes and means of illumination shall be provided to the Department of Planning and Community Development to be reviewed by Administrative Design Review staff one week prior to the City Commission hearing date, July 25, 2005. 6. All code provisions must be met, in particular the following: a. Section 18.34.100.C, requires the applicant must submit seven (7) copies a final site plan within 6 months of preliminary approval containing all of the conditions, a narrative addressing conditions from both planning and engineering staff, all code provisions, and any corrections and modifications to be reviewed and approved by the Planning Office. b. All lighting shall conform to Section 18.42.150. Proposed lighting details and locations must be included with the final site plan. c. Per Chapter 18.52, all signage exclusive of window signs and existing signs, shall require a sign permit subject to review and approval by the Department of Planning & Community Development. d. Section 18.46.040.D states that disabled accessible spaces shall be located as near as practical to a primary entrance. Parking spaces and access aisles shall be level with slopes not exceeding 1 :50 in all directions. Raised signs shall be located at a distance no greater than five feet from the front of each accessible space and shall state "Permit Required $100 Fine". 08-01-05 - 10 - e. Section 18.30.050 states that no building, demolition, sign, CUP, or moving permit shall be issued until a COA is issued and until final action on the proposal has been taken. f. Section 18.34.100.C states that the right to a use permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure. All of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use. g. Per Section 18.38.050.F, all rooftop and ground-mounted mechanical equipment must be screened. The location of all mechanical equipment and the method of screening must be depicted on the final site plan. h. The final site plan shall be adequately dimensioned and a complete legend of all line types used shall be provided. i. A Stormwater Drainageffreatment Grading Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease, and other pollutants must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations), stormwater detention/retention basin details (including basin sizing and discharge calculations, and discharge structure details), stormwater discharge destination, and a stormwater maintenance plan. j. Sewer and water services shall be shown on the final site plan and approved by the Water/Sewer Superintendent. k. The existing city standard sidewalk along Mandeville Lane shall be shown on the final site plan. I. Drive approach and public street intersection sight triangles shall be free of plantings which at mature growth will obscure vision within the sight triangle. m. The applicant is advised that any establishments responsible for food preparation shall use and maintain an outside two-compartment grease interceptor or indoor grease trap. Interceptor design and installation is subject to City of Bozeman Building Department approval. In accordance with Municipal Code, the applicant is further advised that on-site maintenance records and interceptor service shall be maintained on a regular basis and made available to the City upon request. n. Install "One Way Do Not Enter" signage facing the parking lot, delineating one-way traffic only for the north drive access. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff and Mayor Cetraro; those voting No, none. 08-01-05 - 11 - Conditional Use Permit with Certificate of ApproDriateness to allow portion of existina mixed use buildina at 701 East Mendenhall Street to be re-used as a salon - Strona. LLC. for Soucie Salon. Inc. (Z-05084) This was the time and place set for the public hearing on the Conditional Use Permit with Certificate of Appropriateness requested by Strong, LLC, for Soucie Salon, Inc., under Application No. Z-05084, to allow re-use of a portion of the existing mixed use building described as Unit 1, Strong Condominiums, located on Lot 22A of the Amended Plat of Lots 18, 19, 20, 21, and 22, Block 32, Northern Pacific Addition. The subject property is located at 701 East Mendenhall Street. Public hearing Mayor Cetraro opened the pUblic hearing. Planner Erin Daley presented the staff report. She noted that this application is to allow a portion of the existing building to be used as salon. She stated that staff issued a temporary use permit on March 10, based on the fact that the applicant was able to meet parking requirements. She indicated that the salon is in the front of the building and is to provide a variety of services, including hair cutting, coloring, styling, skin care, and waxing. The Planner stated that staff has reviewed this application in light of the applicable criteria, and staffs comprehensive findings are contained in the written staff report. Based on those findings, staff has forwarded a recommendation for approval, subject to several conditions. She then indicated that the adjoining property owners to the east has submitted a letter voicing concern about the potential impacts that additional employees and clients may have on his property. The applicant's representative indicated concurrence with the staff report and recommended conditions. He then stated that this change in use will not result in the need for additional parking but aCknowledged that shared access agreements can lead to difficulty in separating the business parking areas. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the Conditional Use Permit with Certificate of Appropriateness requested by Strong,LLC, for Soucie Salon, Inc., under Application No. 2-05084, to allow re-use of a portion of the existing mixed use building described as Unit 1, Strong Condominiums, located on Lot 22A of the Amended Plat of Lots 18, 19, 20, 21, and 22, Block 32, Northern Pacific Addition, be approved subject to the following conditions: 1. The retail component of the proposal is considered part of the Soucie Salon there shall be no sign for another business. 2. All required permits shall be obtained, approved, and filed with the City of Bozeman Building Department prior to the issuance of a Certificate of Appropriateness. 3. A signed, notarized and recorded condition of approval for a Conditional Use Permit must be filed with the Clerk and Recorder's Office before the expiration of the Special Temporary Use Permit amended and dated April 15, 2005 (August 31,2005 expiration). A receipt and copy shall be provided to the Department of Planning and Community Development. 4. All code provisions shall be met, in particular the following: a. Section 18.34.130.A requires the applicant to submit seven (7) copies a final site plan within 6 months of preliminary approval containing a narrative of how the conditions were met, along with corrections and modifications to be reviewed and approved by the Planning Office. 08-01-05 - 12 - b. As per Section 18.42.170, a permanent enclosure for temporary storage of garbage, refuse, and other waste materials shall be provided. .. and shall be constructed so that contents are not visible from a height of 5 feet above grade from any abutting street or property. Trash enclosures shall sufficiently conceal contents, including containers and should in no case be less than 4 feet in height above grade. Doors are currently unhinged from the existing enclosure and shall be reinstalled. c. Per Chapter 18.52, all signage exclusive of window signs and existing signs, shall require a sign permit subject to review and approval by the Department of Planning and Community Development. d. Section 18.30.050 states that no new building, demolition, sign, CUP, or moving permit shall be issued until a COA is issued and until final action on the proposal has been taken. e. Section 18.34.100.C states that the right to a use permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure. All of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Youngman, and Mayor Cetraro; those voting No, none. Certificate of Appropriateness to allow enclosure of existina covered entrvwav on north elevation with deviation from Section 18.44.100. Bozeman Municipal Code, to allow enclosure to encroach into reQuired 50-foot street vision trianale - Jonathan Foote & Associates for Callender Street LLP, 140 East Main Street (Z-05152) This was the time and place set for the public hearing on the Certificate of Appropriateness requested by Johathan Foote & Associates for Callendar Street LLP, under Application No. Z-05152, to allow enclosure of the existing covered entryway on the north elevation of the building located on the east 8 feet of Lot 8 and Lots 9 and 10, Block B, Original Townsite, with a deviation from Section 18.44.100 of the Bozeman Municipal Code to allow the enclosure to encroach into the required 50-foot street vision triangle. The subject property is located at 140 East Main Street. Public hearing Mayor Cetraro opened the public hearing. Historic Preservation Planner Allyson Bristor presented the staff report. She noted the applicant proposes to enclose a covered walkway and rehabilitate the brick facade. She stated the requested deviation allows the enclosure to encroach into the street vision triangle at a signalized intersection. She indicated that, because of the extent of the damage to the exterior of this building, introducing brick veneer is appropriate. The Historic Preservation Planner stated that staff has reviewed this application in light of the applicable criteria, and staffs comprehensive findings are contained in the written staff report. Based on those findings, staff has forwarded a recommendation for approval, subject to several conditions. Mr. Logan Leachman, one of the property owner, indicated concurrence with the staff report and a willingness to respond to questions. 08-01-05 -13- No public comment was received on this application. Mayor Cetraro closed the public hearing. Decision It was moved by Commissioner Hietala, seconded by Commissioner Youngman, that the Certificate of Appropriateness requested by Johathan Foote & Associates for Callendar Street LLP, under Application No. 2-05152, to allow enclosure of the existing covered entryway on the north elevation of the building located on the east 8 feet of Lot 8 and Lots 9 and 10, Block B, Original Townsite, with a deviation from Section 18.44.100 of the Bozeman Municipal Code to allow the enclosure to encroach into the required 50- foot street vision triangle, be approved subject to the following conditions: 1. If the proposed brick veneer exterior finish shall encroach into East Main Street's right-of-way (encroach beyond the front and side property lines of the lot), the applicant shall obtain written permission by the Montana Department of Transportation. Said permission must be documented with the Department of Planning and placed on file prior to building permit issuance. 2. All proposed window fixtures shall not utilize highly reflective or darkly tinted glass. 3. The applicant shall provide a color and materials palette to the Department of Planning for the proposed rehabilitation prior to the building permit issuance, forfinal design review and approval by Administrative Design Review staff. 4. The applicant shall obtain a building permit and pay all required fees prior to construction, and within one year of Certificate of Appropriateness approval or this approval shall become null and void. 5. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness with deviations 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 Department of Planning prior to undertaking said modifications, as required by Section 18.64.110 of the Bozeman Municipal Code. 6. The window openings on the first floor of the east elevation shall be glass rather than bricked in, as shown on the plans. 7. All code provisions shall be met, in particular the following: · Per Section 18.38.050.F, all rooftop mechanical equipment should be screened. Ground mounted mechanical equipment shall be screened from publiC rights-of-way with walls, fencing or plant materials. · Per Section 18.42.150, "Lighting," all new lighting must conform to code requirements and all existing non-conforming lighting must be retrofitted or replaced. Lighting details and locations must be included with the building permit submittal materials. · Per Chapter 18.52, "Signage," all new signage shall require a sign permit subject to review and approval by the Department of Planning. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala. Commissioner Youngman, Commissioner Kirchhoff, and Mayor Cetraro; those voting No, none. 08-01-05 - 14- Annexation of 3.1 acres described as Tracts 17 and 19. Homesite Addition - Allied Enaineerina for L.A.S.T., LLC and Gilbert and Helen Arts (907 and 915 North 17th Avenue) (A-05003) This was the time and place set for the public hearing on the annexation of 3.1 acres described as Tracts 17 and 19, Homesite Addition, as requested by Allied Engineering for L.A.S.T., LLC, and Gilbert and Helen Arts under Application No. A-05003. The subject property is located at 907 and 915 North 17th Avenue. Public hearing Mayor Cetraro opened the public hearing. Planner Ben Ehreth presented the staff report. He noted the subject property lies along the west side of North 17th Avenue, south of the Covered Wagon Mobile Home Park, and east of North 19th Avenue. The property currently contains one single-household residence. Planner Ehreth noted that staff has reviewed this application in light of the goals and policies set forth in Commission Resolution No. 3137, and the staff's comprehensive findings are contained in the written staff report. Based on those findings, staff recommends approval subject to the following items being addressed prior to or in conjunction with the staff report: 1. At the time of the signed and returned annexation, the landowners shall pay street and fire impact fees for the existing residence. At the time of connection to the City's water and sewer facilities, the landowners shall pay all applicable water and sewer impact fees. The applicants should be made aware that at the time of any further development on the properties, the land owners and their successors shall pay all additional impact fees required by Chapter 3.24, Bozeman Municipal Code. 2. The owner shall record with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of SIDs to be filed with the Annexation Agreement for the following: a. A City-wide Parks Maintenance District The document filed shall specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the said improvements on a fair share, proportionate basis such as square footage, taxable valuation of the property traffic contribution from the development or a combination thereof. 3. Water rights, or cash in-lieu thereof, shall be paid to the City prior to City acceptance of the annexation agreement. 4. The Annexation Agreement, which addresses all terms placed on the annexation application by the City Commission, shall be returned to the City of Bozeman Planning and Community Development Department within one year of a City Commission decision to annex the property, or annexation approval shall be null and void. 5. The applicants shall submit an annexation map, titled "Tracts 17 and 19 Homesite Annexation," with a legal description of the property shall be submitted by the applicant for use with the Annexation Agreement. The map must show the existing public utilities (water, sewer, roadways and storm drainage), improvements on the property, adjacent developments (subdivision name, block and lots), rights-of-way, and public easements within and adjacent to the property. The map must be supplied on an: 1) 18-inch by 24-inch mylar for City records; 2) a reduced 8 1;2-inch by 11 or 14-inch exhibit for filing with the Annexation Agreement at the County Clerk & Recorder; and 3) a digital copy for the City Engineer's Office. This map must be acceptable to the Director of Public Service and City Engineer's Office, and shall be submitted with the signed Annexation Agreement. 08-01-05 - 15 - 6. The applicant shall connect to City sewer upon annexation. The existing septic system shall be abandoned per County Health Department requirements. 7. If the property is to be serviced by a lift station, it shall be privately owned and maintained. 8. Pursuant to Provision 7 of the Agreement for the Provision of Municipal Water Service, at the time of the sale of Lot 17 or if the current owner is not using it as their principal place of residence, the City shall be immediately notified as Lot 17 will be billed for its water use. 9. The applicant shall obtain an access permit from the Montana Department of Transportation for access onto North 19th Avenue and shall comply with all requirements of the permit. Mr. Chris Budeski, consulting engineer representing applicants, noted the subject 3.1-acre parcel is mostly surrounded by City. He then indicated concurrence with the staff report and a willingness to respond to questions. No public comment was received on this request for annexation. Mayor Cetraro closed the public hearing. Decision It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the annexation of 3.1 acres described as Tracts 17 and 19, Homesite Addition, as requested by Allied Engineering for L.A.ST., LLC, and Gilbert and Helen Arts under Application No. A-05003, be approved and that staff be directed to bring back an Annexation Agreement, addressing Item Nos. 1 through 9 listed above, for Commission consideration. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, and Mayor Cetraro; those voting No, none. Zone MaD Amendment - establish initial municipal zonina desianation of "R-O". Residential- Office on 3.1 acres described as Tracts 17 and 19. Homesite Addition - Allied Enaineerina for L.A.S.T., LLC and Gilbert and Helen Arts (907 and 915 North 17th Avenue) (Z-05050l This was the time and place set for the publiC hearing on the Zone Map Amendment requested by Allied Engineering for L.A.ST., LLC, and Gilbert and Helen Arts under Application No. Z-05050, to establish an initial municipal zoning designation of "R-O", Residential-Office, on 3.1 acres described as Tracts 17 and 19, Homesite Addition. The subject property is located at 907 and 915 North 17th Avenue. Public hearing Mayor Cetraro opened the publiC hearing. Planner Ben Ehreth presented the staff report. He noted that the subject property is currently zoned "R-3" in the county; and the applicant is seeking an "R-O" zoning designation in conjunction with annexation, to allow offices and apartments to be added to the property. The Planner stated that staff has reviewed this application in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. Based on those findings, staff has forwarded a recommendation for approval, subject to the two standard conditions. He recognized that some concerns have been raised by the public about the orientation of structures on the site; however, those issues will be addressed during site plan review. Mr. Chris Budeski, consulting engineer representing the applicant, stated that under the "R-O" zoning, a majority of the development must be residential. He noted that the applicant is proposing offices along the North 19th Avenue frontage, with apartments along the North 17th Avenue frontage. He then 08-01-05 -16- indicated that this requested zoning will work well for the site and allow for development compatible with the area. No public comment was received on this agenda item. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision Commissioner Youngman noted that she discussed alternatives with staff because she is concerned about the potential negative impacts that could result from the requested zoning. She is not comfortable with accepting that the proposed type of development will occur if all of the issues are handled during site plan review. She suggested that the Commission establish an "R-3" zoning designation at this time, and allow the applicant to seek an "R-Q" zoning on the western portion of the site, at no additional cost, in conjunction with a boundary realignment. Mr. Chris Budeski responded that the result would be the requirement to include 51 percent residential development on the parcel fronting on North 19th Avenue. He then indicated that, to meet Commissioner Youngman's concerns, the Commission could add the requirement that residential development be located on the North 17th Avenue frontage and offices on the North 19th Avenue frontage. Planning Director Epple cautioned that the two lots currently run east/west, and suggested a condition could be added to require realignment of the lot line to a north/south orientation. Responding to concerns voiced by Commissioner Kirchhoff, Planning Director Epple stated that the underlying residential land use designation for the property along North 17th Avenue would preclude commercial development along that corridor. It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the Zone Map Amendment requested by Allied Engineering for L.A.S. T., LLC, and Gilbert and Helen Arts under Application No. Z-05050, to establish an initial municipal zoning designation of "R-Q", Residential-Office, on 3.1 acres described as Tracts 17 and 19, Homesite Addition, be initially approved and that staff be directed to bring back an ordinance enacting the amendment upon annexation, subject to the following conditions: 1 . That the ordinance for the Zone Map Amendment shall not be adopted until the resolution of annexation is completed and adopted by the City Commission. If the annexation is not approved, the application shall be void. 2. The applicants shall submit a Zone Map Amendment map, titled "Tracts 17 and 19 Homesite Annexation" on: 1) a 24-inch by 36-inch mylar; 2) an 8 'lS:-inch by 11-inch or 14-inch exhibit, and 3) a digital copy of the area to be zoned, acceptable to the Director of Public Service, which shall be utilized in the preparation of the ordinance to officially amend the City of Bozeman Zoning Map. Said map shall contain a metes and bounds legal description of the perimeter of the subject property, description of the boundaries of each specific zoning designation, total acreage of the property, acreage of each specific zoning designation, and adjoining rights-of- way and/or street access easements. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, and Mayor Cetraro; those voting No being Commissioner Youngman. Conditional Use Permit to amend Planned Unit Development - Lowe's HIW for Philip Saccoccia. Jr. - relaxation from Section 18.40.180.B. Bozeman Municipal Code. to allow retail structure to exceed 75,OOO-sauare-foot maximum floor area on 40 acres located between Baxter Lane and Tschache Lane. east of North 19th Avenue (Z-05128) This was the time and place set for the public hearing on the Conditional Use Permit to amend the Planned Unit Development, as requested by Lowe's HIW for Philip Saccoccia, Jr., under Application No. Z-05128, on 40 acres described as Certificate of Survey No. 1215E, with relaxation from Section 18.40.180.B of the Bozeman Municipal Code, to allow a retail structure to exceed 75,000-square-foot 08-01-05 -17- maximum floor area. The subject property is located between Baxter Lane and Tschache Lane, east of North 19th Avenue. City Manager Chris Kukulski stated the Commission has received a request to open and continue this public hearing until August 15, when a full Commission will be presented. Public hearing Mayor Cetraro opened the public hearing. It was moved by Commissioner Hietala, seconded by Commissioner Youngman, that the public hearing be continued to August 15, per the applicant's request. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Youngman, Commissioner Kirchhoff, and Mayor Cetraro; those voting No, none. Growth Policv Amendment - extend Dlannina area to include entire 319-acre property and amend land use desianation from "Future Land Use" to "Suburban Residential" on entire site. located east of landfill - Churn Creek Partners lP-05020) This was the time and place set for the public hearing on the Growth Policy Amendment requested by Churn Creek Partners under Application No. P-05020, to extend the planning area to include the entire 319-acre parcel described as the South one-half of Section 29, Township 2 South, Range 6 East, less one acre, and to amend the land use designation from "Future Land Use" to "Suburban Residential" on the entire site. The subject property is located along Story Mill Road, immediately east of the City's landfill. Public hearing Mayor Cetraro opened the public hearing. Planning Director Andy Epple presented the staff report on behalf of Associate Planner Jody Sanford. He noted that approximately 79 acres of the subject 319-acre site lie within the boundary of the Bozeman 2020 Community Plan. The applicant is requesting that the planning area be expanded to include the entire parcel and that the land use designation be changed from "Future Land Use" to "Suburban Residential." He indicated that, if the Commission approves this request, the applicant will seek annexation and zoning, probably an "R-S" designation, which is the lowest urban density available. The Planning Director acknowledged that this property has unique characteristics that will require consideration during the site development process. He suggested that development on City services may be preferable to development on 20-acre tracts in the county. He noted that, in addition to protection of the aquifer and groundwater, development within the city would allow opportunities for clustering, preservation of wildlife corridors, and preservation of viewsheds. Planning Director Epple stated that staff has reviewed this application in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. Based on those findings, staff has forwarded a recommendation for approval. He indicated that, following its public hearing on July 19, the Planning Board concurred int hat recommendation. Responding to Commissioner Youngman, the Planning Director indicated that, if the Commission wishes, it may require the development of a sub-area plan as one of the conditions of approval. Commissioner Kirchhoff questioned whether it would be better to allow this property to develop as rural Gallatin County or rural City of Bozeman and asked for an analysis of that question, noting that it is not possible to make a decision on annexation without that information. Planning Director Epple responded by noting that the City faces similar questions on properties south of town. He then stated that development in the city allows for greater density and development on city services which is preferable to systems that may draw from the aquifer. 08-01-05 -18- Further responding to Commission Kirchhoff, the Planning Director stated that the only development in this immediate area is the City's Lyman Creek reservoir system, located at the extreme southeast corner of the site. City Manager Kukulski encouraged the Commissioners to contemplate the area in thirty years or fifty years, as the valley continues to grow, evolve and change. He noted that the city will also continue to grow during that time, and it is important to consider how that might affect this subject area. Planning Director Epple stated that various staff members have looked at this proposal and concluded that municipal services could be provided, recognizing that it will be expensive for the developer. Mr. Ron Slade, representing the applicants, noted that the Commission has previously seen this proposal, although it now has a new owner and a new consultant. He noted that the slopes have been analyzed and determinations made on what can be developed and what it is unwise to develop. He indicated that the soils will be analyzed, wildlife corridors and sensitive habitat identified, and ridgelines identified. He indicated that the design for development will take all of those issues into consideration, with the result being an ecologically sensitive development. He acknowledged that the aquifer is strained and stressed, and noted that development on City services would result in no additional impacts. Mr. Slade indicated that he has had informal discussions with the adjacent residents, and hopes to continue those discussions throughout the process. He acknowledged that development of this site will continue to be emotional for many, but suggested that extremely productive dialogue can still be held. He noted that under the "Residential-Suburban" zoning designation, development must be done through the planned unit development process, which will give the Commission an enormous amount of influence. He is also willing to work with the adjacent property owners on developing a sub-area plan, noting the Rugheimers have begun discussion on possibly incorporating some of their property into the overall project. He concluded by encouraging Commission approval of this application. Mr. Steve Ziegler, 2531 Whitetail Road, noted his property abuts the northern boundary of this property. He indicated that the board for the Bridger Mountain Estates has developed a consolidated list of concerns to be addressed, noting that they are neither in favor nor opposed to this requested amendment to the growth policy. He suggested a sub-area plan would be a valuable tool since the Rugheimer property and 100 acres at the City landfill could potentially be developed in addition to this subject 319-acre parcel. He characterized existing development in the area as low impact, noting that they have all be developed in the county. He identified density, impacts on wildlife corridors, and traffic as three of the major concerns that area property owners wish to see addressed. Mr. Larry Merkel, 3148 Deer Creek Road, voiced support fro Mr. Ziegler's comments, identifying water as the key issue to be considered. Mr. Ken Spain, 141 Bear Paw Trail, stated he lives on Churn Creek. He cautioned that if development draws from Lyman Creek, the result could be loss of that water supply for the City. He also suggested that compressing the steps so that the Commission knows what the final product would look like could help to make future decisions easier. Mr. Pat Martin, 2771 Deer Creek Drive, indicated he is comfortable with the Bozeman 2020 Community Plan but views this as an acceleration of the process that concerns him. He noted that today's actions will set the stage for the entire area. He acknowledged that development in the county would impact the aquifer, but suggested that having dozens of units developed on this site would be preferable to hundreds of units developing there. He also voiced concerns about the potential of dogs chasing the deer. He concluded by stating he feels the current "Future Urban" land use designation is the most appropriate designation at this time. Mr. Slade reiterated his sensitivity to the issues raised by the neighbors. He then asked the Commissioners for the opportunity to move forward to the next step to provide an opportunity to develop a proposal. He noted there will be ample opportunity for the Commission to not approve moving forward with development of this property. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. 08-01-05 -19- Decision Commissioner Kirchhoff noted the property is bounded by development to the north, a conservation easement to the east, undeveloped property to the south, and City property to the west. He suggested that, as a result of those known conditions, there is not a tremendous potential for additional development in this area. He noted, however, there is a need for a more comprehensive look at this area. Planning Director Epple indicated that the Rugheimer property to the south is probably the next parcel to be developed and suggested that a sub-area plan that includes that property as well as this parcel could be beneficial since it would provide a framework for roads, trails and open space. He stated that, given the imminent closure of the landfill, the Planning Board felt inclusion of the City's landfill site would be appropriate. He then noted it is important to include the property owners in the area in the process of developing the plan. Commissioner Youngman indicated that she could support this amendment with an additional condition that requires development of a sub-area plan. She then stated she feels development in the city would be preferable, particularly when looking at the pattern of ridgeline homes that has developed in the county. Planning Director Epple noted that the sub-area plan can include alternatives, citing the Bozeman Creek Neighborhood Plan as an example. Responding to Commissioner Kirchhoff, the Planning Director noted that work on the Bozeman 2020 Community Plan was done in 2000, although the document was not adopted until 2002. He cautioned that this document, along with others completeq just four years ago, are rapidly becoming outdated because growth is occurring much more rapidly than anyone had anticipated. Commissioner Kirchhoff expressed his desire to see the landfill included in the sub-area plan and asked that several alternatives be provided. Responding to Commissioner Hietala, Commissioner Youngman stated she feels it is appropriate to include the landfill property because development of this area will probably not occur immediately, and it is important to consider how the City's property may fit into the development pattern. Commissioner Hietala stated he does not believe the City's landfill site should be included in the sub-area plan. It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the Growth Policy Amendment requested by Churn Creek Partners under Application No. P-05020, to extend the planning area to include the entire 319-acre parcel described as the South one-half of Section 29, Township 2 South, Range 6 East, less one acre, and to amend the land use designation from "Future Land Use" to "Suburban Residential" on the entire site, be approved subject to the following conditions: 1. The resolution for the growth policy amendment shall not be adopted until a Resolution of Annexation is signed by the applicant and formally approved by the City Commission. If an annexation is not approved, the application shall be null and void. Preliminary approval ofthis application will be valid for a period of two (2) years fOllowing Commission action; if the growth policy is not amended within two (2) years of Commission action, the preliminary approval is null and void. 2. The applicant shall submit an 8Y:z-inch by 11-inch or 8Y:z-inch by 14-inch exhibit entitled "Churn Creek Growth Policy Amendment" to the Planning Department containing an accurate description of the property for which the growth policy designation is being amended. The exhibit must be acceptable to the Planning Department. 3. The resolution for the growth policy amendment shall not be drafted until the applicant provides an exhibit of the area to be redesignated, which will be utilized in the preparation of the resolution to officially amend the Future Land Use Map of the Bozeman 2020 Community Plan. 08-01-05 - 20- 4. No annexation application will be accepted except with a sub-area plan that addresses site constraints, including, at a minimum, streets, trails, parks, ridgelines, and slopes. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff, and Mayor Cetraro; those voting No being Commissioner Hietala. ADellate hearina - appeal of administrative interpretation on classification of Moose Creek Manor Antiaues as "auto salvaae vard" - Paul Landsaaard (8695 Huffine Lane) (C-05003) This was the time and place set for the hearing on the appeal of the administrative interpretation on the classification of Moose Creek Manor Antiques as an "auto salvage yard", as filed by Paul Landsgaard under Application No. C-05003. The subject property is described as Lot 2, Minor Subdivision 135, and is located at 8695 Huffine Lane. Distributed just prior to the meeting was a letter from Mr. Landsgaard requesting that this hearing be continued to August 15, when a full Commission is present. Appellate hearing Mayor Cetraro opened the appellate hearing. It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the hearing be continued to August 15, per the applicant's request. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Youngman and Mayor Cetraro; those voting No, none. Authorize City Manaaer to sian - Save America's Treasures arant aareement for T.B. StOry Mansion Included in the Commissioners' packets was a memo forwarding information on the Save America's Treasures grant agreement for the T.B. Story Mansion. Distributed just prior to the meeting was a letter from Jeff Olson encouraging Commission approval of this grant agreement. Responding to questions from Commissioner Youngman, Historic Preservation Planner Allyson Bristor stated the City may be able to find other grants for the match. She also noted that, if ownership if the property changes hands, the new owner could supply the match with the City simply being responsible for identifying that match. Mr. Jeff Olson noted that he grew up across the street from the SAE House, and last week he submitted a proposal to purchase the site. He encouraged the Commission to authorize the City Manager to sign the grant agreement, noting this is the largest SAT grant ever awarded nationally. Mr. Jim Webster, 311 South Third Avenue, Co-chair of the Story Mansion Task Force, read into the record a letter of support from Chere Justo, State Historic Preservation Office. She acknowledged the hard work of former City Manager Clark Johnson and Senators Conrad Burns and Max Baucus in obtaining this funding and noted it would be a travesty to turn the grant down. Mr. Mike Miles, member of the Story Mansion Task Force, urged the Commission to authorize the City Manager to sign this agreement, both for economic reasons and for political reasons, noting that failure to do so is putting a thumb in the eye of the congressional delegation and the nation. He stated this SAT grant has three major players in addition to the City, those being Senator Baucus; Senator Burns; and Chair of the SAT Organization, First Lady Laura Bush. Mr. Rolf Groseth, member of the Story Mansion Task Force, strongly urged the Commissioners to accept this grant, noting that a good job has been done of outlining the issues and requirements as well as a possible exit strategy. He noted that authorizing the City Manager to sign this agreement will show the City's good faith. 08-01-05 - 21 - Mr. Chris Pope, member of the Story Mansion Task Force, noted that the task force has been committed to finding a productive use for the property, and these monies serve as a stepping stone in that process. He encouraged the Commissioners to authorize signing of the agreement, thus allowing the task force to continue on its course. Ms. Jaynee Groseth, member of the Story Mansion Task Force, echoed the comments of the other task force members, stating this is a wonderful opportunity to build a lasting treasure in the community. City Manager Kukulski reminded the Commission that analysis ofthe Mansion identified $2.6 million in needed improvements to bring it back to its original glory. With this grant, the City will have received $1.3 in federal funding to assist with those improvements. He then stated the odds are strongly in favor of the potential of finding a partner to complete the project for the City and for the community. It was moved by Commissioner Hietala, seconded by Commissioner Youngman, that the Commission authorize the City Manager to sign the Save America's Treasures grant agreement for the T. B. Story Mansion. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Youngman, Commissioner Kirchhoff, and Mayor Cetraro; those voting No, none. Preliminary plat for first minor subdivision - subdivide 0.458 acres located at 328 North Church Avenue into two residential lots and relocate common boundary between 324 and 328 North Church Avenue - Thomas and Roberta Gammack for Dana Pepper (P-05033) Included in the Commissioners' packets was the preliminary plat application for a first minor subdivision, as submitted by Thomas and Roberta Gammack for Dana Pepper under Application No. P-05033, to subdivide 0.458 acres described as Lots 11 and 13, Block 5, Babcock and Davis Addition, into two residential lots and relocate common boundary. The subject property is located at 324 and 328 North Church Avenue. Planning Director Andy Epple presented the staff report on behalf of Associate Planner Jody Sanford. He stated that under this application, the property line is to be realigned and the existing lot split into two residential lots. He indicated that the lot split will be done in a manner that minimizes the need for any variance or deviation. The Planning Director stated that staff has reviewed this application in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. Based on those findings, staff has forwarded a recommendation for approval. Following its public hearing on July 19, the Planning Board concurred in that recommendation. Mr. Mark Chandler, C&H Engineering, noted the requested boundary realignment and lot split are requested to provide for infill development. He indicated that the new lot will meet the 5,000-square-foot minimum lot size. He then expressed concurrence with the staff report and a willingness to respond to questions. No public comment was received on this application. It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the preliminary plat application for a first minor subdivision, as submitted by Thomas and Roberta Gammack for Dana Pepper under Application No. P-05033, to subdivide 0.458 acres described as Lots 11 and 13, Block 5, Babcock and Davis Addition, into two residential lots and relocate common boundary, be approved subject to the following conditions: 1. All utilities serving Lots 13A and 13B, including electric, gas, phone and cable, shall be relocated into a standard public utility easement. Electric, gas, phone and cable utilities shall not be placed in the same easement as the sewer service for Lot 138. The size and location of the easement(s) shall be determined by the utility companies providing service, including Northwestern Energy, Qwest and Bresnan. The easement(s) shall be described, dimensioned and shown on the final plat in their true and correct location. 08-01-05 - 22- 2. The developer shall make arrangements with the City Engineer's Office to provide addresses for all individual lots in the subdivision prior to filing of the final plat. 3. Applicant shall provide and file with the County Clerk and Recorder's Office executed Waivers of Right to Protest the Creation of SIDs for the following: A. Street improvements including paving, curb/gutter, sidewalk and storm drainage facilities for the following streets: 1 . Fridley Street The documents filed shall specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the 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. 4. A City standard sidewalk shall be installed along Fridley Street from North Church Avenue to the end of the existing sidewalk to the east. It shall be installed or financially guaranteed prior to filing the final plat. The sidewalk along Lot 13A must be installed prior to issuance of a building permit for any lot. The sidewalk along Lot 13B must be installed prior to occupancy of any structure on said lot. Upon the third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed said sidewalk shall, without further notice, construct within 30 days said sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot. This condition shall be included on the plat and in the covenants for the subdivision. 5. The apron between the street and the sidewalk in the alley shall be paved. This shall be installed or financially guaranteed prior to filing the final plat. The apron shall be installed prior to issuance of a building permit on any lot. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, and Mayor Cetraro; those voting No, none. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1) Invitation to attend the art exhibition and wine tasting being sponsored by K&W Mortgage Group, Inc., in conjunction with "Plonk" on Friday, July 29, at Baxter Meadows. (2) Letter from Anna Lindstrand in support of the Town and Country proposal and requesting reconsideration of the Commission's decision. (3) Letter from Chad Groth, 701 South Willson Avenue, urging the City not to transfer its solid waste and recycling programs to the private sector. (4) Letter from Susan Hinkins, 1122 South 5th Avenue, reminding the Commission that the collection and disposal of refuse is a public health issue for which is it responsible and noting it must remain under City control rather than being contracted. (5) Memo from the Recreation and Parks Advisory Board forwarding a request that the Centennial Park be formally dedicated as a park. (6) Letter from Hallie Rugheimer encouraging the City to develop a solid waste plan and then follow it rather than responding to issues in a knee jerk manner. (7) E-mail message from David and Carolyn Swingle asking the Commission to not privatize solid waste services. 08-01-05 - 23- (8) August 1 . (9) Agendas for the County Commission meetings to be held at 9:00 a.m. on Tuesday, August 2, and 1 :30 p.m. on Wednesday, August 3, at the Courthouse. Updated list of planning projects to be considered at upcoming Commission meetings, dated (10) Agendas for the Zoning Commission meeting to be held at7:00 p.m. and the Planning Board meeting to be held at 7:30 p.m. on Tuesday, August 2, in the Commission Room. (11) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Wednesday, August 3, in the Conference Room at the Professional Building. (12) Agenda for the Local Water Quality District meeting to be held at 8:15 a.m. on Thursday, August 4, at the Courthouse. (13) City Manager Kukulski submitted the following. (1) Reminded the commission that a formal discussion on the six options for addressing solid waste issues is scheduled for next week, with an opportunity for public input. (2) Asked if the Commission wishes to begin the meeting at 5:00 p.m. to complete evaluations of the City Manager and City Clerk prior to the regular meeting: the Commissioners concurred. (3) Announced that staff is working to identify a better way to utilize the technology available in the Community Room. (4) Stated that staff is beginning to review the potential of extending East Oak Street to connect to Highland Boulevard and East Main Street, in conjunction with possible redevelopment of the Idaho Pole site. (14) Assistant City Manager Brey announced that he was out of the office for the past two weeks and, while he was gone, staff assisted in getting pieces of data together for another blight study that should be before the Commission in the next few weeks. (15) Responding to Commissioner Kirchhoff, the City Manager stated it was staff's understanding that three Commissioners clearly favored Option 6 and two favored Option 1. He stressed that, before the Commission takes formal action on the solid waste issue, it must accept public input. He cautioned that bids for the transfer station have been opened, and they will go stale on August 22 if action is not taken prior to that. Commissioner Youngman asked that the information in the Commissioners' packets be made available on the City's website so that the publiC has the same information on which to base their comments. Commissioner Kirchhoff stated he feels the process is a joke and that the public is not being given a real chance to weigh in. He noted that a lot of people are not interested in seeing the City sell its solid waste program. Commissioner Youngman noted that five years ago, the decision was made to build a transfer station, and that decision is now changing. She voiced concern that the opportunities for public input are now being given a very short time, and it is important to ensure adequate opportunity is provided. Commissioner Hietala responded that, if one alternative becomes questionable, other should be considered rather than continuing down the same path blindly. Responding to Commissioner Kirchhoff, City Attorney Luwe stated that public comment must be accepted on all six options, not just one of them. Adiournment - 11 :05 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Youngman, and Mayor Cetraro; those voting No, none. 08-01-05 - 24- ATTEST: ~.,t'~ IN L. SULLIVAN City Clerk 08-01-05