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HomeMy WebLinkAbout2005-08-15 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA August 15,200S ***************************** 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 15, 2005, at 6:00 p.m. Present were Mayor Andrew Cetraro, Commissioner Jeff Krauss, 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 Mark Tymrak, Planning Director Andy Epple, City Attorney Paul Luwe, and City Clerk Sullivan. Siqnina of Notice of Special Meetinq Each Commissioner, in turn, signed the Notice of Special Meeting. Executive Session re litigation At 6:00 p.m., Mayor Cetraro announced that, pursuant to Section 2-3-203(4), Montana Code Annotated, the Montana Constitution and the Montana Supreme Court rulings, he, as presiding officer, has determined that discussing the strategy to be followed with respect to these litigation issues in open session would be detrimental to the City's litigating position. He then called an executive session for the purpose of discussing litigation strate3ies and requested that all persons except the Commissioners, City Attorney, attorney Barry O'Connell an the Clerk leave the room. At 6:33 p.m., Mayor Cetraro closed the executive session and reconvened the open meeting. Attorney Barry O'Connell addressed the other outstanding litigation issue, noting that the meeting has been opened because it involves two public agencies. He stated that the City and Jewel Corporation have been paying quarterly billings for oversight of the Bozeman solvent site. The City has now received a letter requesting the payment of an additional 1 0 percent in what appears to be an effort to pay for non-site related expenses of the department. He indicated that, if the Commission so authorizes, he will prepare a letter on behalf of the City expressing the City's concerns and requesting a citation of the statutory authority to add such surcharges. He stated this letter would then be placed on the agenda for an upcoming meeting for Commission action. A majority of the Commissioners indicated a willingness to consider the letter at a future meeting. Break M 6:40 p.m. to 7:00 p.m. Mayor Cetraro declared a break from 6:40 p.m. to 7:00 p.m., to prepare for the open portion of this meeting. Call to Order: Pledae of Alleqiance and Moment of Silence The meeting was opened with the Pledge of Allegiance and a moment of silence. Minutes ~ March 21, June 6. Julv 5. Julv 8 special. Julv 11. Julv 18, Julv 25. Auqust 1, Auqust 8 special and August 8 work session. 2005 It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the minutes of the meetings of July 8 and July 25, 2005, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, and Mayor Cetraro; those voting No, none. 08-15-05 - 2 - Mayor Cetraro deferred action on the minutes of the meetings of March 21, June 6, July 5, July 11, July 18, August 1, August 8 special and August 8 work session, 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: finallv adopt ORDINANCE NO. 1644 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, 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 WITHIN SAID DISTRICT, PURSUANT TO SUBSECTION M OF SECTION 10.32.395, WHICH CREATES THE PROCEDURE FOR REVISING THE BOUNDARIES OF AN ESTABLISHED RESIDENTIAL ONMSTREET PARKING PERMIT REGULATION PROGRAM. Ordinance No. 1645 - adoptina comprehensive revisions to unified development ordinance: finally adopt 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. Ordinance No. 1646 M revisina Section 13.28.040 of the Bozeman MuniciDal Code. providina for dlscharae prohibitions to the City's wastewater system: finallv adoot ORDINANCE NO. 1646 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, 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. 3833 M levvina and assessina street maintenance assessments for Fiscal Year 2006: Drovisionallv adoot and set oublic hearina for September 6. 2005 COMMISSION RESOLUTION NO. 3833 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2006 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITYMWIDE STREET MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN AND TO EXTEND THE BOUNDARIES OF SAID DISTRICT TO ENCOMPASS ANNEXED PROPERTIES. Commission Resolution No. 3834 - levvina and assessina tree maintenance assessments for Fiscal Year 2006: Drovisionallv adoot and set public hearina for SeDtember 6, 2005 08-15-05 - 3 - COMMISSION RESOLUTION NO. 3834 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2006 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY~WIDE TREE MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN AND TO EXTEND THE BOUNDARIES OF SAID DISTRICT TO ENCOMPASS ANNEXED PROPERTIES. Commission Resolution No. 3835 - declarina that bliahted areas exist within portions of the northeast sector of the community COMMISSION RESOLUTION NO. 3835 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, DECLARING THAT BLIGHTED AREAS EXIST WITHIN THE MUNICIPALITY AND THE REHABILITATION, REDEVELOPMENT, OR A COMBINATION THEREOF OF SUCH AREA OR AREAS IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY, MORALS, OR WELFARE OF THE RESIDENTS OF SUCH MUNICIPALITY. Commission Resolution No. 3836 M authorize City Manaaer to sian M Chanae Order No. 6 for second floor remodel at Professional Buildina - R&R Tavlor Construction, Inc.. Bozeman, Montana - add $3.957.43 COMMISSION RESOLUTION NO. 3836 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, APPROVING ALTERATIONIMODIFICATION OF CONTRACT WITH R&R TAYLOR CONSTRUCTION, INC., BOZEMAN, MONTANA. Commission Resolution No. 3837 M authorize City Manaaer to sian - Chanae Order No. 1 for Hvalite transmission main Droiect - DLM Contractina. Inc.. Bozeman. Montana - add $5.176.22 and 36 calendar days COMMISSION RESOLUTION NO. 3837 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, APPROVING AL TERATION/MODIFICATION OF CONTRACT WITH DLM CONSTRUCTION, INC., BOZEMAN, MONT ANA. Authorize City Manaaer to sian M Acceptance of Middle Creek water riahts from deyeloper of Baxter Meadows Subdivision M total of 50 acre feet from #58-A-3-A and #58-AM1-A Authorize City Manaaer to sic;m M (1) Purchase Aareement and (2) Acceptance of Quit Claim Deed for 45MfootMwide striD alona north end of tract recorded in Film 147. Paae 229, and (3) Acceotance of Temporarv Access Easement and Aareement - 5-foot bv 25-foot strip immediatelv south of riaht-of-way - Jessie B. Kemp. 5570 Durston Road (for Durston Road oroiecU Acknowledae receiDt of reauest for annexation of -4 acres described as Lots 4. 5. 6 and 7. Baxter Lane Subdivision No.1 (1242 and 1265 Thomas Drive) M William H. Louis: refer to staff ADDroval of Depositorv Bonds and Pledaed Securities as of March 31. 2005. as reviewed bv Commissioner Kirchhoff and Commissioner Krauss Buildina Insoection Division reDort for July 2005 Claims 08-15-05 ---------- - 4 . Commissioner Hietala indicated his intent to vote against the consent items as listed because of Ordinance No. 1645, which is adoption of the comprehensive list of revisions to the unified development ordinance. He noted these some of these revisions do not support affordable housing. It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, 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 Youngman, Commissioner Kirchhoff and Commissioner Krauss; those voting No being Commissioner Hietala and Mayor Cetraro. Public comment Mr. Ted Newman, 535 Valley Drive, requested a rough timeframe for when the traffic signals at West Oak Street and North 19th Avenue will be upgraded to include left turn signals. Ms. Deb Stober, 395 Valley Drive, asked the City to post "no through traffic" signs on Valley Drive at its intersections with West Babcock Street and Durston Road in an effort to reduce the amount of cut~ through traffic resulting from the Babcock Street reconstruction. Director of Public Service Arkell indicated that, if the turn arrows are not installed in conjunction with the StoneRid~e Subdivision development currently being processed, she will work with the Montana Department 0 Transportation to get them installed. She then stated she will work with the City Engineer and the consulting engineer to address Ms. Stober's concerns about the impacts that additional traffic is having on Valley Drive. Gallatin CitYMCountv Health Department budaet for Fiscal Year 2005-2006 M Health Officer Stephanie Nelson Included in the Commissioners' packets was a copy of the budget for the City-County Health Department for Fiscal Year 2005-2006. Health Officer Stephanie Nelson noted that the program statistics are on a calendar year. She highlighted last year's accomplishments, noting that the numbers of food inspections, immunizations, and services provided continue to grow. She noted that the department is trying to implement a quality assurance program for all services, with objectives and standards for the services provided. She also indicated that the department is undertaking a comprehensive assessment that looks at health indicators, community assessment, and perceptions of the health of the community. The assessment also identified the services which citizens would like to see improved, and that information will be used to set the stage for the creation of an alliance to tackle some of the hard issues and design a creative work plan for the next couple of years. Health Officer Nelson noted that Gallatin County has been selected as one of the local health jurisdictions as a site to submit work done in a planning assessment, exercises, training, and public health responses, but not for bio-terrorism. She stated that, out of 33 applicants for the Project Ready program, Bozeman was one of the fourteen with best practices. She suggested this means that the unified health partnerships with other agencies, including MSU, the hospital, community clinic, health care agencies, and disaster and emergency services, has been successful.. Health Officer Nelson stated that this year, the department will continue quality improvement and expand the way data is tracked by applying a software package. Also, they will continue to improve surveillance activities and tracking of environmental public health data. The Health Officer concluded by noting that the proposed budget for the upcoming year has been submitted for Commission consideration. She noted that this budget covers administration, environmental health, and human health activities. A portion of the funding comes from the County's general fund while the remainder of the funding is passthrough grants. Mr. Ed Blackman, Gallatin County Fiscal Officer, stated this year's budget is based on the same number of mils as last year's, noting that 5.01 mils are levied both inside and outside the Bozeman city 08-15-05 - 5 - limits. He noted this will generate $835,000 county-wide, which is up $60,000 from last year due to the increase in taxable valuation. He indicated this is the first year that funding is being provided for market based pay for personnel. Mr. Blackman noted that grants and non~tax revenues total $1.2 million for this year's budget. It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the Commission recommend approval of the budget for Fiscal Year 2005-2006 as presented. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, Commissioner Youngman and Mayor Cetraro; those voting No, none. Conditional Use Permit to amend Planned Unit Development M Lowe's HIW for Philip Saccoccia, Jr. - relaxation from Section 18.40.180.B. Bozeman Municipal Code, to allow retail structure to exceed 75.000MsQuareMfoot 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 continued 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 maximum floor area. The subject property is located between Baxter Lane and Tschache Lane, east of North 19th Avenue. Public hearing Mayor Cetraro reopened the continued public hearing. Associate Planner Jami Morris presented the staff report. She noted that this application is to allow the Lowe's store to exceed the 75,000-square-foot maximum floor area allowed by the code. She noted that the applicant is proposing a 165,000-square-foot structure with a planned unit development that contains a land use designation of regional commercial and is zoned "B-2." She identified parking and building modulation as the two critical issues identified during initial review of this application; and two of the recommended conditions of approval address those issues. She indicated that the proposed building is to be 230 feet by 600 feet. The Associate 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 several conditions. Mr. Keith Belden, consulting engineer representing Lowes, identified the team members present. He noted the landowner has participated extensively in installation of improvements ahead of the development, and indicated he will be making additional improvements in conjunction with the development of his property. Those include contributions to affordable housing in the Bridger Peaks Village, an integrated trail network, entryway features, and excellence in design. Mr. Wayne Miller, representing the applicant, voiced his appreciation for the flexibility and latitude that Lowes has provided for designing a building that is unique to Bozeman. He noted that he has worked closely with staff to come to a solution that meets the needs of Lowes as well as the City's requirements, and acknowledged that Bozeman is "not an easy row to hoe." Mr. Miller showed the Commission a materials board that shows natural products, including stone quarried locally, to be used on the exterior of the structure. He concluded by voicing his pleasure with the design of the structure and the site, noting it is a facility of which both the applicant and the community can be proud. Ms. Susan Swimley, attorney representing Dr. Saccoccia, stated that during review, the Design Review Board recognized that it is better to create pedestrian scale and modulation to make the building functional while meeting the requirements of the business. She then encouraged the Commission to look at the concept plans for the remainder of the development. Mr. Rob Pertzborn, architect, showed two schemes for the rest of the property. He reminded the Commission this is part of a larger planned unit development, which will include an interconnected trail system and a green area on the south side of the project that can be shared by Bridger Peaks Village. 08-15-05 - 6 - Ms. Susan Swimley stated the plans have been modified to add more elements and enhance modulation of the building in response to issues raised by the Design Review Board. She then indicated a willingness to respond to questions. Mr. Dave Madril, 2 Sheridan Avenue, stated he is not opposed to the application; however, if the code is outdated, it should be updated to accommodate the projected development needs. He then stated if there is a code in place, it should be enforced rather than the continual approval of relaxations. Mr. Rick Ogle, 210 East Lincoln Street, stated his business, which is the same kind of business as this one, is building a new store; and they were required to meet the letter of the zone code. He indicated that their structure is 75,000 square feet, and asked that Lowes be held to the same standard. Ms. Angie Johnson, 609 West Mendenhall Street, noted that 75,000 square feet is very large, and she finds that 165,000 square feet is excessive. She asked the Commission to consider when enough is enough. She recognized that Lowes has given a polished presentation, and it fits in with the aesthetics of the community. She concluded by asking the Commission to consider those citizens who would rather "live in Bozeman than Lowestown." Responding to Commissioner Youngman, Ms. Swim ley noted that the code allows a building within a planned unit development may exceed 75,000 square feet as long as certain criteria are met; and this application meets or exceeds all of them. She identified some of the amenities provided, including a looped trail system, contribution to the widening of North 19th Avenue and signalization improvements, and a housing contribution to the Bridger Peaks Village. She also noted that staff acknowledges the superior design of the project. Mr. Wayne Miller addressed the issue of modulation, noting that changes include adding depth to the roof elements on the north and east sides and redesigned the northeast corner to create more of a tower element. He noted that a sense of pedestrian scale has been created at the front of the building and broken up the facade. He believes these changes exceed the code requirements and offer design elements that are complementary to the function of the store and the regional culture of area. Since there were no objections, Mayor Cetraro closed the public hearing. Decision Commissioner Krauss noted that Condition No.4 as proposed gives the applicant the choice of modulation, deepening of the gables on all facades, or reconfiguring the gables. He finds the proposed modulation meets half of the condition. He noted that the big box ordinance was passed for a purpose, and allows for bargaining between the developer and the city. He acknowledged that businesses in the building materials and gardening markets have already been impacted by another large store opening, and he is concerned about those issues but suggested that they can be somewhat mitigated through the approval process. He noted that the Commission has granted relaxations for other developers, including local business owners, for stores that exceed 75,000 square feet. He concluded by stating he supports this application. Responding to Commissioner Youngman, the Associate Planner stated that the code does not address signage, although it does address lighting. Commissioner Youngman noted that this building is to be located within a planned unit development that as received a lot of relaxations and suggested that the lighting for the signage be turned off at a specific time, which will reduce energy usage and work toward meeting the dark skies standards. Responding to Commissioner Youngman's suggestion, Commissioner Hietala voiced concern about adding requirements to the approval of this application. He proposed, instead, that the sign code be discussed as a separate issue. Responding to Commissioner Youngman, Mr. Jack Mandell, representative of Lowes, stated that their store signs are illuminated all night and are turned off during the day. Commissioner Youngman noted that Condition No. 14 addresses an impact study or $500,000 to mitigate adverse impacts and asked if this is similar to the previous requirements. 08-15-05 - 7 - Associate Planner Morris indicated that the issue has been addressed, in a manner similar to the previous applications. Commissioner Youngman noted that, based on an economic impact study recently done, she finds there is a gap between wages paid and the cost of housing in the community. She voiced concern that this business will place additional pressure on the affordable housing market. She also noted that a national retailer creates other impacts on the economy of an area that justify payment, and Home Depot agreed to such a payment during its public hearing process. She is uncomfortable with moving forward with this application while uncertainty remains about an additional study or payment, particularly since the issues have already been studied. Commissioner Krauss indicated that, while he understands the reasoning for asking that the sign lights be turned off at night, he is not prepared to make it a condition of approval. Mayor Cetraro noted there are other commercial buildings where the signs are not turned off at night. Ms. Susan Swimley indicated a willingness to accept the condition regarding payment or an impact study as written. She then indicated that the applicants are not prepared to make a firm offer on that payment or on the question of lighting at this time. Commissioner Kirchhoff stated he believes the applicant team did a fine job of preparing this application and staff has worked hard to ensure a fine product; however, he supports the UDO restriction of 75,000 square feet, which is designed to promote a healthy economic climate across the community. He further noted that this application does not follow the provision that uses be distributed appropriately to maintain and enhance the fabric of the community. As a result, he cannot support this application. Commissioner Youngman acknowledged that if the code included a hard cap without the provision of exceeding it under the planned unit development process, this issue would be clean and simple. However, though she is very uncomfortable with the size of this building, she finds that she must support this application. It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the Conditional Use Permit to amend the Planned Unit Development, as requested by Lowe's HIW for Philip Saccoccia, Jr., under Application No. 2-05128, 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 maximum floor area, be approved subject to the following conditions: 1. The entire length of the trail along Walton Stream/Ditch shall be constructed with Phase 1 of the PUD. 2. The trail along the west property line, from Baxter Lane to Tschache Lane shall be improved with Phase 1 of the PUD. 3. Only 75% of the required minimum parking will be permitted as on~site surface parking for the future uses lying north and south of the Lowe's building. Parking in excess of 75% of required minimum number of spaces for future uses lying north and south of the Lowe's building shall be considered a modification of the Planned Unit Development and shall only be approved by the City Commission through a Conditional Use Permit process, upon adequate demonstration of need. 4. Per Chapter 3, Section E of the Design Objectives Plan, the building shall be broken into modules, to appear to have a more human scale. In order to reduce the scale of the building it shall be broken into a minimum of 4 modules each offset a minimum of 40 feet from the primary module (the building entrance) with the primary module restricted to a maximum of 75,000 square feet and each sub module restricted to a maximum of 40,000 square feet in size or modulation could be achieved by deepening the gable elements on all facades or the reconfiguration of gable projections and placement on the north and east facades of the structures. 08w 15-05 - 8 - 5. Detailed elevations with a working scale shall be provided with the Final PUD Plan. The elevations shall call out all materials and colors. 6. A color palette and materials sample board shall be submitted with the Final PUD Plan. 7. The pedestrian corridors within the Lowe's parking lot shall be modified to provide sidewalks on two sides with an island of landscaping in between at least 10 feet in width with a cross connection through the landscaped island. 8. All crossings within the Planned Unit Development shall be constructed with scored and pigmented concrete. The crossings shall be noted as such on the Final PUD Plan and details for the pattern shall be provided in the final development guidelines. 9. All benches, picnic tables and other amenities shall be identified on the Final PUD Plan. Details for the structures shall be illustrated in the final development guidelines. 10. Elevations and construction details shall be provided for the gazebo and the display area with the Final PUD Plan. 11. The metal siding and roof shall be a non-reflective color and finish. 12. Additional details for the storage area enclosure shall be provided with the Final PUD Plan. The fence shall be constructed of an aesthetically pleasing material and no chain link will be permitted. The location of the fence/enclosure shall be identified consistently throughout the Final PUD Plan. 13. The stormwater ponds shall be designed as open, landscaped features that are lined with native grasses and indigenous plants. 14. The applicant shall agree to an economic impact study, paid for by the applicant and completed by a consultant upon which both the applicant and the City have agreed, including mitigation strategies for any negative impacts of this development. Unless otherwise provided, such information shall include an economic impact study, prepared by qualified professional{s) that contains, at a minimum: a) a report on growth and the rate of growth anticipated for the City and region, both without the project and with the project as proposed; b) a report which quantifies the impacts such growth, including growth accelerated or attracted by the proposal, will have in the area; c) a report on the associated costs and benefits of such growth, and the ability of the City to accommodate such growth; d) a report on the additional costs of public services and facilities caused directly or indirectly by the project, and the impacts on the ability of the City to provide municipal or governmental services; e) a report on the provision of needed and balanced housing accessible to existing or planned development, both without the project and with the project as proposed; f) a report on plans and strategies for adapting the building for re-use in the event of closure, including a closure plan describing how the property will be disposed of, re-used, demolished, made available for other uses, or otherwise reclaimed; g) a report on the impacts of the project's approval on the job market in Bozeman and Gallatin County, including a comparison of wages 08-15-05 - 9 - and benefits of existing businesses, and an analysis of the effects of the project's approval on wages and benefits of existing businesses; and h) a report demonstrating applicant's plan to reduce or eliminate adverse impacts identified in the analysis, including but not limited to any burden on the ability of the City to provide municipal or governmental services. The applicant shall provide a report of the impacts of their project and proposed actions to be taken to mitigate any adverse impacts. In lieu of such a report the applicant may: at the time of opening, contribute $100,000 to the City's affordable housing account. In addition, the applicant shall establish an escrow account in the name of the City of Bozeman, and shall contribute $200,000 a year for two years (for a total of $400,000) to be used for mitigation of potential socio-economic impacts. If the mitigation costs less than $400,000, the balance in the escrow account shall be returned to the applicant. 15. A detailed Renewal Plan which addresses all of the criteria outlined in Section 18.40.180.0 shall be submitted to the Planning Office for review and approval by the City Commission prior to final site plan approval and issuance of a building permit. Upon review of the renewal plan the City Commission shall direct staff to draft a formal agreement that obligates the owner to redevelop the property per the renewal plan and the provisions of the ordinance. The agreement shall offer recourse to the City of Bozeman if the redevelopment is not completed as outlined in the approved renewal plan. 16. Baxter Lane shall be improved from the eastern boundary of this subdivision to 19th Avenue in its entirety with Phase I. The road shall be improved to a three lane collector standard as shown in the Greater Bozeman Area Transportation Plan 2001 update. 17. Tschache Lane shall be extended to the eastern boundary of the subdivision. The section shall match the section currently constructed. This may be completed in two phases as proposed. 18. This property is included in a payback district for additional design work related to the signal at 19th and Baxter. The applicant shall make the required payback prior to final site plan approval. 19. This property is included in a payback district for Baxter Lane Sewer Main Extension. The applicant shall make the required payback prior to final site plan approval. 20. The traffic impact analysis submitted for the project shall be approved by City Engineering and the Montana Department of Transportation. All of the improvements recommended in the TIA shall be installed as part of the required infrastructure for each phase. This shall include an update to the TIA subsequent to the opening of Lowe's, but prior to construction of Phase II. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Krauss, and Commissioner Youngman; those voting No being Commissioner Kirchhoff and Mayor Cetraro. Apellate hearina M aooeal of administrative interoretation on classification of Moose Creek Manor Antiaues as "auto salvaae vard" M Paul Landsaaard (8695 Huffine Lane) (C-OSOO3l This was the time and place set for the continued hearing on the appeal of the administrative interpretation on the classification of Moose Creek Manor Antiques as an "auto salvage yard", as filed by 08-15-05 ----..----------- -------- - 10- 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. Appellate hearing Mayor Cetraro reopened the appellate hearing. Contract Planner Lanette Windemaker presented the staff report. She stated that this appeal is made on the administrative interpretation of the outdoor display of inoperable vehicles around the antique store. She noted that, because the vehicles are mainly inoperable, the Planning Director has classified this as an auto salvage years; and the applicant feels this classification was made in error. She concluded by reminded the Commissioners that four affirmative votes are required to reverse the Planning Director's determination. Mr. Paul Landsgaard, appellant, stated that he has antique cars and yard art displayed on his property, which is an allowed use. He expressed concern that he received a letter notifying him that he was in violation without any previous indication that there was any problem or complaints made. He suggested that antique cars do not constitute an auto salva~e yard. He stressed that not all of the vehicles are inoperable and that the cars are never dismantled or parts. Mr. Landsgaard stated that his history with the City reveals that any time the code enforcement officer has talked to him about a complaint, it has been addressed. He is concerned that this time, he was not afforded the same opportunity to address the matter with staff, but was instead given notice of this meeting. Since receiving the notice, he has gathered comments from approximately 350 people, and the vast majority are supportive. He noted that his display is unique, and is definitely a visitor draw. He acknowledged that his display can become disorganized at times, but stated he is willing to work with the City to develop a different arrangement. He concluded by asking the Commission to determine that his business does not meet the definition of an "auto salvage yard" and to work with him on determining how his vehicles can remain on site. Mr. Robert Lee Dickens noted that, at 74 years old, he is "no spring chicken". He stated that he has collected and built special automobiles all of his life and, in fact has raced sports cars. He noted that Mr. Landsgaard has collector cars in various forms, not old junkers, ranging from frames and bodies to beautiful restorations. He indicated that he sees no problem with the business as it operates and encouraged the Commission to allow it to remain. Mr. Roger Koopman, 811 South Tracy Avenue, stated it seems this situation has been promoted by those not wanting to look at antique cars. He characterized Bozeman as a community of individuals with different tastes, likes and dislikes and feels that all can be accommodated. He personally loves this site and finds that it is a magnet drawing those from out of town and out of state. He questioned why the City wants to crush a thriving business and successful entrepreneur and encouraged the Commission to allow it to remain. Mr. Mike Cole, 302 Sweetgrass Avenue, stated he drives by this site every day and finds it a credit to the streetscape, not a salvage yard. Mr. Paul Landsgaard stated his site is an asset to tourism, attracting many people, particularly old timers. He encouraged the Commission to determine that his site is not an auto salvage yard and allow it to remain. Since there were no Commissioner objections, Mayor Cetraro closed the appellate hearing. Decision Planning Director Andy Epple reminded the Commission that when staff is faced with a use that does not fit exactly into a category, he is charged with finding the category most similar. In this instance, staff found that the use was more similar to an auto salvage yard than to outdoor storage or outdoor auto sales, which were the other two options considered. 08-15-05 - 11 - Responding to Mayor Cetraro, the Planning Director stated that if it were determined to be outdoor auto sales, the business owner would be required to go through the site plan review process and meet code requirements. Commissioner Youngman noted that this uses violates the current code, no matter how it is identified. Commissioner Kirchhoff reminded the Commissioners that the first step is to determine whether the Planning Director has properly classified this use. He acknowledged this is an atypical use that doesn't fit the existing language in the code and suggested the possibility of modifying the existing language to allow for an adjunct to the antique business rather than penalizing someone for using property in a way not quite described in the code. He concluded by voicing his preference for voting in favor of the appellant and a subsequent action to amend the language in the code. Commissioner Hietala expressed his concurrence with Commissioner Kirchhoff's comments. Commissioner Krauss stated that he, too, likes old cars but he finds this site looks more like a junk yard than a museum. He feels this site needs to look different since it is located within an entryway overlay corridor and feels it is important to properly identify this use rather than trying to fit it into an existing category . Commissioner Youngman expressed her concurrence with Commissioner Krauss, noting that the appellant may request a zone code amendment if he wishes, but the use is currently in violation of the code. Since she finds that this use is not in compliance with its permit and the zone code, she will uphold staff's determination. Commissioner Kirchhoff stated he finds this site is not a nuisance or a health hazard and questioned how much the Commission wishes to control what people do or sell. He then stated he does not feel a zone code amendment should be sought except to accommodate the use as it transforms. It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the Commission uphold the Planning Director's administrative interpretation on the classification of Moose Creek Manor Antiques as an "auto salvage yard", thus denying the appeal filed by Paul Landsgaard under Application No. C-05003. The motion failed by the following Aye and No vote: those voting Aye beinr. Commissioner Krauss and Commissioner Youngman; those voting No being Commissioner Kirchhof , Commissioner Hietala and Mayor Cetraro. Annexation of 0.9 acres located southwest of intersection of North 25th Avenue and West Villard Street M Shininq Mountains Evanaelical Lutheran Church (A-05005) This was the time and place set for the public hearing on the intent to annex 0.9 acres described as Lots 5,6 and 7, Kable Subdivision, as requested by the Shining Mountains Evangelical Lutheran Church under Application No. A-05005. The subject property lies along the west side of North 25th Avenue, immediately south of its intersection with West Villard Street. Public hearing Mayor Cetraro opened the public hearing. Senior Planner Dave Skelton presented the staff report. He noted the applicant is seeking annexation due to the failure of a private septic system. The Senior Planner stated that staff has reviewed this application in light of the goals and policies set forth in Commission Resolution No. 3137, 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 following items being addressed prior to on in conjunction with the annexation agreement: 1. As required by the City Commission's approval to connect to both water and sanitary sewer prior to formal annexation to the City of Bozeman, the applicant shall pay all required fees. These fees were required at the time of connection. 08-15-05 - 12 - 2. Applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of SIDs for the following: A. Street improvements including paving, curb/gutter, sidewalk and storm drainage facilities for the following streets: 1 ~ Durston Road 2 North 25th Avenue 3) West Villard Street B. Signalization improvements for the following intersections: 1) Durston Road/North 27th Avenue 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. 3. That the applicant execute at the Gallatin County Clerk & Recorder's Office a waiver of right-to-protest creation of SID's for a City-wide Park Maintenance District, which would provide a mechanism for the fair and equitable assessment of maintenance costs for City parks as part of the Annexation Agreement. 4. The property owner shall provide usable water rights, or cash in-lieu thereof, in the amount determined by the Director of Public Service at the time the property is annexed to the corporate limits to the City of Bozeman. 5. That, at the time of any new development on the property, fire, street, water and wastewater impact fees will be assessed. 6. An Annexation Map, titled "Shining Mountains Evangelical Lutheran Church Annexation Map" with a legal description of the property and adjoining rights-of-way and/or street access easements (Le., North 25th Avenue and West Villard Street) shall be submitted by the applicant for use with the Annexation Agreement. The map must be supplied on a mylar for City records (18 inches by 24 inches), a reduced 8%-inch by 11-inch or 8%-inch by 14-inch exhibit for filing with the Annexation Agreement at the County Clerk & Recorder, and a digital copy for the City Engineer's Office. This map must be acceptable to the Director of Public Services and City Engineer's Office, and shall be submitted with the signed Annexation Agreement. 7. That the applicant execute all contingencies and terms of said Annexation Agreement with the City of Bozeman within one (1) year of approval by the governing body, or annexation approval shall be null and void. Mr. Brian Baran, Shining Mountains Evangelical Lutheran Church, stated concurrence with the staff report as submitted, noting he has no problem with the contingencies as outlined. No public comment was received on the requested annexation. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that staff be directed to bring back for Commission consideration an Annexation Agreement, addressing Item Nos. 1 through 7 listed above, for annexation of 0.9 acres described as Lots 5, 6 and 7, Kable Subdivision, as requested by the Shining Mountains Evan~elical Lutheran Church under Application No. A-05005. The motion carried by the following Aye and 0 vote: those voting Aye being Commissioner Youngman, 08-15-05 - 13 - Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss and Mayor Cetraro; those voting No, none. Zone Map Amendment - establish initial municipal zoninQ desianation of IRM2". Residential-Two- household. Medium-densitv. on 0.9 acres located southwest of intersection of North 25th Avenue and West Villard Street - Shinina Mountains Evanaelical Lutheran Church (Z-05069) This was the time and place set for the public hearing on the Zone Map Amendment requested by the Shining Mountains Evangelical Lutheran Church under Application No. Z-05069, to establish an initial municipal zoning designation of "R-2", Residential- Two-household, Medium.density, on 0.9 acres described as Lots 5,6 and 7, Kable Subdivision. The subject property lies along the west side of North 25th Avenue, immediately south of its intersection with West Villard Street. Public hearing Mayor Cetraro opened the public hearing. Senior Planner Dave Skelton presented the staff report. He noted that this application is to establish an initial municipal zoning designation in conjunction with annexation. He stated that the requested "R-2" zoning will allow for a church and associated development, but does not allow greater than a two-household unit. The Senior Planner indicated that staff has reviewed this application in light of the applicable criteria and the staff's comprehensive findings are contained in the written staff report. Based on those findings, staff has forwarded a recommendation for approval. Mr. Brian Baran, representing the applicant, indicated a willingness to respond to questions. No public comment was received on the requested zoning. 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 Zone Map Amendment requested by the Shining Mountains Evangelical Lutheran Church under Application No. Z.05069, to establish an initial municipal zoning designation of "R-2", Residential- Two-household, Medium- density, on 0.9 acres described as Lots 5, 6 and 7, Kable Subdivision, be initially approved and that staff be directed to bring back an ordinance enacting the amendment upon annexation and subject to the following conditions: 1. That the ordinance of the "R-1" Zone Map Amendment designation shall not be adopted until the resolution of annexation is apopted by the City Commission. If the annexation is not approved, the application shall be null and void. 2. That the applicant submit a zone amendment map, titled "Shining Mountains Evangelical Lutheran Church Zone Map Amendment", on a 24-inch by 36-inchmylar, 8Y2-inch by 11-inch or 8Y2-inch by 14-inch paper exhibit, and a digital copy of the area to be zoned, acceptable to the Director of Public Service, which will 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, total acreage of the property and adjoining rights-of-way and/or street access easements. 3. That the ordinance for the Zone Map Amendment shall not be drafted until the applicant provides a metes and bounds legal description and map of the area to be rezoned, which will be utilized in the preparation of the ordinance to officially amend the zone map. 08-15-05 - 14 - The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, Commissioner Youngman and Mayor Cetraro; those voting No, none. Break - 8:45 to 8:55 p.m. Mayor Cetraro declared a break from 8:45 p.m. to 8:55 p.m., in accordance with Commission policy. Annexation of 13.225 acres IvinQ at southeast corner of intersection of Durston Road and Fowler Avenue extended - GreenwinQ Teal. LLC. for William and Lois Lvdens (AM05007) This was the time and place set for the public hearing on the intent to annex 13.225 acres described as Tract 8 less the west 165 feet, Smith Subdivision, and the unplatted tract referenced in Deed Book 155, Pages 56-57, as requested by Greenwing Teal, LLC, for William and Lois Lydens under Application No. A-05007. The subject property lies along the east side of Fowler Avenue extended and the south side of Durston Road. Public hearing Mayor Cetraro opened the public hearing. Associate Planner Jami Morris' presented the staff report. She noted that this application is for annexation of approximately 13 acres located at the southeast corner of the intersection of Durston Road and Fowler Avenue. She noted that the new standards for annexation and development of the site include master planning of parks and land use patterns. She indicated that a house currently exists on the site and, with annexation, that house would be required to connect to City water and sewer services if it remains. She then indicated the property is bounded by Farmers Canal on the west, and a majority of the ditch and vegetation are located on the west half of the Fowler Avenue alignment. Associate Planner Jami Morris stated that staff has reviewed this application in light of the goals and policies set forth in Commission Resolution No. 3137, and staff's comprehensive findings are contained in the written staff report. Based on those findings, staff has recommended approval, subject to the following being addressed prior to or in conjunction with the annexation agreement: 1. 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. 2. The applicant shall submit an annexation map with a legal description of the property and any improvements on the 8roperty. The map must be supplied on a mylar (18 inches by 24 inches) for ity records, one (1) digital copy on a double-sided, high density floppy disk or compact disk and on either letter or legal size paper for recording with the Annexation Agreement by the Gallatin County Clerk and Recorder. 3. That the applicant execute at the Gallatin County Clerk & Recorder's Office a waiver of right-to-protest creation of S.I.D.'s for a City-wide Park Maintenance District, which would provide a mechanism for the fair and equitable assessment of maintenance costs for City parks as part of the Annexation Agreement. 4. That provisions for water rights or cash in-lieu of water rights in an amount determined by the Director of Public Service be provided in the Annexation Agreement whereby it is executed by the land owner prior to final subdivision plat approval, final site plan approval, or issuance of any building permits, whichever comes first, prior to the City Commission adopting the Resolution of Annexation and accepting the Annexation Agreement. 08-15-05 - 15 - 5. Impact fees for the existing residence shall be paid with the submittal of a final plat, final site plan, building permit or connection to the municipal sewer and water systems, whichever occurs first, unless the dwelling unit is demolished or moved. 6. The landowner understands and agrees that to achieve the goals and objectives set forth in the Bozeman 2020 Community Plan, any contiguous parks, open space, and/or trails shall be extended to the annexed property, and a Master Plan of said parks, open space and trails shall be provided with the signed annexation agreement. 7. The landowner acknowledges and agrees that future development will comply with the goals and policies of the Bozeman 2020 Community Plan, and having recognized the City's concern for implementation of progressive urban design guidelines outlined in the Bozeman 2020 Community Plan for both community and neighborhood design, a Master Plan of the land use patterns and types for development of the property that addresses compatibility with and sensitivity to the immediate environment of the site and the adjacent neighborhoods relative to architectural design, building mass and height, neighborhood identity, landscaping, historical character, orientation of buildings, and visual integration shall be provided with the signed annexation agreement. 8. Applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of SIOs for the following: a. Street improvements including paving, curb/gutter, sidewalk and storm drainage facilities for the following streets: 1. Ourston Road 2. Fowler Avenue b. Signalization improvements for the following intersections: 1. Fowler Avenue/Durston Road 2. Fowler AvenuelWest Babcock Street The documents filed shall specify that in the event an S.1.0. 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. 9. The owner shall provide public street and utility easements for Ourston Road and Fowler Avenue. The easement shall be 50 feet wide from the section line for both. This represents one half of a minor arterial standard as shown in the Greater Bozeman Area Transportation Plan 2001 Update. 10. The existing structure shall either be connected to municipal water and sewer, or removed prior to annexation of the property. The Associate Planner noted that Cascade Subdivision lies immediately to the west of this property. In conjunction with this annexation, 50 feet of right-of-way for Fowler Avenue is to be provided, with the remainder of the right-of-way to be obtained when the property to the east is annexed. Mr. Greg Allen, consulting engineer representing the applicant, indicated the applicants are acquiring the property in anticipation of developing it. He indicated concurrence with the staff report and a willingness to respond to questions. He noted that this will allow for urban density residential development, and the applicant is comfortable with either the requested IR-3" zoning designation or the IR-1" designation recommended by the Planning Board. Responding to Commissioner Kirchhoff, Mr. Allen confirmed that Cascade Street is to be extended through this development. 08-15-05 - 16 ~ Ms. Judy McHann, 202 Sweetgrass Avenue, suggested that the trail system along Fowler Avenue be rerouted along the east side of the greenway adjacent to the street, and eventually extended to connect the Bozeman Ponds and the regional park. She noted that trail could then serve as a buffer between existing development and future development. She then asked that Commission action on this item be delayed to give time to address the issues of trails and preservation of the existing trees. Mr. Mike Whaley, 211 Sweetgrass Avenue, noted the proposed trail is to run along the trees and the water, as part of the Main Street to the Mountains trail system. He cautioned that providing a safe crossing on Huffine Lane is imperative to the success of that trail corridor. He voiced appreciation for a trail system in the northwest sector of the community that ties to the trail system, particularly since his family drives to MSU to access the trail system for bicycle rides. He asked that the Commission delay annexation of this property until an opportunity has been provided for further discussion and a better use of this land. Mr. Ted Lang, Gallatin Valley Land Trust, distributed copies of a map, noting that the GVL Twas approached by neighbors who are motivated to get organized and work hard to raise monies for the trail system. He is aware of the difficulties in making their vision a reality; however, he sees real potential. He concluded by expressing his support for this trail link. Mr. Hudson Hart, 27 Sweetgrass Avenue, noted his family moved from the New Hyalite View Subdivision, which has a nice trail system, to their new home two years ago, where they have no good trail system on which to ride their bicycles safely. He stated, instead, his wife drives their three small children to their old neighborhood to ride; and this trail connection would help to remove that need. He concluded by expressing support for delaying the decision on this annexation. Ms. Terry Quatraro, Chair of the Bozeman Beautification Advisory Board, noted the board has been approached by some of the neighbors, and voiced her concurrence with the previous speakers. She stated this is a beautiful part of Bozeman, with a nice row of trees that should be preserved if possible. She suggested that the corridor for Fowler Avenue be preserved and enhanced through retaining the ditch and mature trees. Mr. Ted Newman, 535 Valley Drive, noted the residents in Cascade Subdivision are looking at one thing while the residents along Valley Drive are looking at another. He stated he would like to see the owners of this property and the French property to the south communicate more and identify how development of both parcels can be done in a complementary manner. He noted that Fowler Avenue cannot be moved too far from its anticipated alignment, and indicated that development of this property is the result of a problem in the unified development ordinance. He noted that the properties along Valley Drive are over 21,000 square feet while those in Cascade Subdivision are 10,000 to 15,000 square feet. Even under the recommended "R-1" zoning designation, the lots are to be 5,000 to 7 ,500 square feet within this annexation. He concluded by reiterating the need to have the two properties between West Babcock Street and Durston Road develop together. Ms. Betty Smithgall, 303 Sweetgrass Avenue, expressed her concurrence with the previous speakers. She suggested that action on this requested annexation be delayed to give everyone an opportunity to look at the big picture and come up with a plan that will be an asset to the area and the community. Ms. Lori Crosbie, 402 Sweetgrass, noted the neighbors have been told that Fowler Avenue might be a two-sided road with a ditch in the center, but she feels providing a green space makes more sense. She asked that this item be delayed until the Fowler Avenue alignment has been addressed. Ms. Deb Stober, 395 Valley Drive, noted the developers have been willing to work with the neighborhood in finding ways to preserve the trees, irrigation ditch, and pond, and to provide a development that works with the area. She encouraged the Commission to recognize the willingness of everyone involved to work together to result in a good project for the community. She asked an additional 1 0 feet be required in the utility easement to complement the existing utility easement along the Valley Drive properties. She also noted that preserving the existing amenities will help to mitigate the impacts of smaller lot development between two existing developments. Ms. Fay Ross, 6 Sweetgrass Avenue, expressed agreement with the previous speakers. 08-15-05 ------ - - ----- - 17. Mr. Greg Allen noted that the extension of Fowler Avenue as a minor arterial has been planned for quite some time. He stated that they tried to preserve the pond and as many of the trees as possible. He then noted that bike lanes and sidewalks are a part of the minor arterial street design, and suggested that a median could be included in the design to preserve the ditch. He concluded by acknowledging that the density within this development will be greater than that of the two adjacent developments. Associate Planner Jami Morris noted the Bozeman 2020 Community Plan calls for a north/south trail connection through Harvest Creek Subdivision and Oak Springs Subdivision. She then noted the trail corridor through this annexation is addressed in Item No.6 above. She cautioned that the ditch is a private ditch located within the street right-of-way, and the ditch company could choose to pipe it and cut down the trees. She concluded by noting it is difficult to get six dwelling units per acre with the larger lot sizes desired by area residents. Responding to questions from Commissioner Krauss, Project Engineer Bob Murray stated that Fowler Avenue north of this property is a five-lane section with a median to house the ditch and as many trees as possible. He acknowledged that the ditch and trees have been an issue for a number of years. He indicated that this development will be required to build one-half of a local street standard adjacent to their property. He indicated that a 24-foot roadway will provide for two lanes of traffic, but not a bike lane at this time. He characterized this roadway as a important component of the link between Valley Center Road and Hyalite Canyon. Responding to Commissioner questions, the Project Planner stated there are places where the ditch will need to be moved, particularly since it is not always on the section line. He then indicated that if the ditch is kept as an open channel and the trees are retained there would be no room for a trail in the median. Responding to Commissioner Youngman, the Project Engineer indicated that staff has not measured the width of the tree corridor or identified how many trees can be preserved. Commissioner Hietala expressed concern that, without visuals, the Commission is discussing things conceptually, and he would like to see the information better presented before making a decision on the street alignment. Director of Public Service Arkell noted that detailed information is not typically required in conjunction with an annexation, rather, that information is provided with subdivision review. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision Responding to Commissioner Youngman, Mr. Greg Allen stated he feels that the Fowler Avenue alignment is part of the design phase rather than an annexation issue. Commissioner Kirchhoff stated he sees no harm in delaying action on this item; however, he feels it may put staff in a difficult situation because the neighborhoods may be interested in promoting something that is incompatible with best engineering standards. He agreed with Commissioner Hietala that a pictoral of what is being discussed would be nice. Commissioner Krauss voiced concern that if two lanes are built on the west side and two lanes on the east side of a median, the result will be to not include the features that many desire, including a trail. He noted that putting a minor arterial in this smaller area of infill will be difficult. He indicated that he shares Commissioner Hietala's frustration to a point and noted he wants to give more thought to the issues. Responding to Commissioner Krauss, Director of Public Service Arkell indicated that, with staff's current workload, a drawing of the Fowler Avenue alignment will take a month to complete. Commissioner Youngman asked that staff work from photos to show how many trees would be lost, particularly since the transportation plan says that impacts of vegetation are to be minimized. It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that staff be directed to bring back an Annexation Agreement for Commission consideration, addressing Item Nos. 1 throu~h 10 listed above, for annexation of 13.225 acres described as Tract 8, less the west 165 feet, Smith Subdivision, 08-15-05 - 18 - and the unplatted tract referenced in Deed Book 155, Pages 56-57, as requested by Green Teal, LLC, for William and Lois Lydens under Application No. A-05007. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Hietala and Mayor Cetraro; those voting No being Commissioner Krauss, Commissioner Youngman and Commissioner Kirchhoff. It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that action on this item be tabled for one month, to the September 19 meeting to give staff, the applicants and the neighborhood an opportunity to further discuss the various issues, including alignment and configuration of the Fowler Avenue extension. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, and Mayor Cetraro; those voting No, none. Zone MaD Amendment - establish initial municiDal zoning desianations of "R-l" , Residential-SingleM household, LowMdensity. and "R-3". Residential-MediumMdensitv. on 13.225 acres Ivina at northwest corner of intersection of Durston Road and Fowler Avenue extended - Green Teal. LLC for William and Lois Lvdens (Z-05127) This was the time and place set for the public hearing on the Zone Map Amendment requested by Green Teal, LLC, for William and Lois Lydens under Application No. 2-05127, to establish initial municipal zoning designations of "R-1 ", Residential-Single-household, Low-density, and "R-3", Residential-Medium- density, on 13.225 acres described as Tract 8, less the west 165 feet, Smith Subdivision, and the unplatted tract referenced in Deed Book 155, Pa~es 56-57. The subject property lies along the east side of Fowler Avenue extended and the south side 0 Durston Road. Public hearing Mayor Cetraro opened the public hearing. It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that this public hearing be continued for one month, to the September 19 meeting, in light of action on the previous agenda item. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, and Mayor Cetraro; those voting No, none. Conditional Use Permit with Certificate of Appropriateness to allow conversion of exlstlna aaraae/guest house accessory structure to sinale-household dwellina with deviation from Section 18.16.040. Bozeman Municioal Code, to allow sinale-household dwellina on a 8.690-sauare-foot lot with community residential facilitv - Beniamin Stanley for 316 North Tracv Avenue (Z-05153) This was the time and place set for the public hearing on the Conditional Use Permit with Certificate of Appropriateness, as requested by Benjamin Stanley under Application No. Z-05153, to allow conversion of the existing garage/guest house accessory dwelling on Lots 12 and 13, Block D, Beall's Second Addition, to a single-household dwelling, with a deviation from Section 18.16.040 of the Bozeman Municipal Code to allow a single-household dwelling on a 8,690-square-foot lot with a community residential facility. The subject property is located at 316 North Tracy Avenue. Public hearing Mayor Cetraro opened the public hearing. Senior Planner Dave Skelton presented the staff report. He noted that in 1999, a Certificate of Appropriateness was granted for the guest house. At some point in the process of creating the crisis stabilization house, that unit became a fifth unit based on an early conversion of this unit to a dwelling unit rather than a guest house. This application and deviation are to approve that prior conversion. The Senior Planner stated that staff has reviewed this application in light of the applicable criteria and, based on that review, has forwarded a recommendation for approval. 08-15-05 - 19 - Responding to Commissioner Krauss, the Senior Planner confirmed that this property is currently in violation. The applicant was not present. Mr. Tom Baker, 508 North Willson Avenue, stated he has watched the property for the past couple of weeks and noted the house was converted without a building permit. He asked that the City enforce its regulations in this neighborhood. He voiced concern that approving this project and deviation after the fact is rewarding the applicant for going around the system. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision Commissioner Youngman stated she does not like to reward failure to comply with the City's code, but recognizes staff's recommendation for approval. Commissioner Krauss agreed that approval rewards bad behavior and noted he does not want to see this type of activity continue in this neighborhood. It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the Conditional Use Permit with Certificate of Appropriateness, as requested by Benjamin Stanley under Application No. Z -05153, to allow conversion of the existing garage/guest house accessory dwelling on Lots 12 and 13, Block 0, Beall's Second Addition, to a single-household dwelling, with a deviation from Section 18.16.040 of the Bozeman Municipal Code to allow a single-household dwelling on a 8,690-square-foot lot with a community residential facility, be approved subject to the following conditions: 1. That the applicant provided a revised site plan that shows the following: a. All areas of mature vegetations and fences for the entire property. b. The existing alley right~of-way as being only 15 feet wide, instead of 20 feet. c. Sewer and water services shall be shown on the Final Site Plan and approved by the Water/Sewer Superintendent. d. The location of existing water and sewer mains shall be properly depicted, as well as nearby fire hydrants. Any proposed main extensions shall be labeled "proposed." e. All existing utility and other easements must be shown on the final site plan. 2. The alley shall be paved a minimum of 15 feet wide from the end of the existing pavement on the east to the end of the existing pavement on the west. 3. That seven (7) copies of the final site plan containing all of the conditions, corrections and modifications approved by the City Commission shall be submitted for review and approval by the Planning Director within six months of the date of City Commission approval. A copy of the approved final site plan shall be forwarded to the Building, Street/Sanitation, Water/Sewer, Engineering, and Fire Departments by the Planning Office; and one copy shall be retained in the Planning Office file. 4. That prior to final site plan approval and issuance of a Conditional Use Permit for five (5) residents in the crisis stabilization house, the applicant shall pave the adjoining alley right-of-way or execute an Improvements Agreement that is secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled ,mfrovements not yet installed. Said method of security shall be valid for a period 0 not less than twelve (12) months; however, all on-site improvements shall be completed by the applicant within nine (9) months of 08-15-05 - 20- approval of the Certificate of Appropriateness to avoid default on the method of security. 5. That the applicant upon submitting the final site plan for approval by the Planning Director and prior to issuance of a building permit, will also submit a written narrative outlining how each of the above conditions of approval have been satisfied. The motion carried by the followin~ Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala and Mayor Cetraro; those voting No being Commissioner Krauss. Preliminarv Dlat - Country Inn and Suites minor subdivision M subdivide 7.66 acres located alono east side of Vallev Center Road. west of its intersection with North 19th Avenue. into 2 commercial lots - Gaston Enaineerino and Surveyina for Bozeman Country Hotel Group LLC (Countrv Inn and Suites Hotell (P-05035) This was the time and place set for the public hearing on the preliminary plat for the Country Inn and Suites minor subdivision, as requested by Gaston Engineering and Surveying for Bozeman Country Hotel Group, LLC, under Application No. P-05035, to subdivide 7.66 acres described as Lot 2, Cape-France Minor Subdivision No. 358, into two commercial lots. The subject property is located along the east and north side of Valley Center Road, west of its intersection with North 19th Avenue. Public hearing Mayor Cetraro opened the public hearing. Associate Planner Jami Morris presented the staff report. She noted that this application is to subdivide the property being developed for Country Inn and Suites into two commercial lots. She indicated 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 that review, staff has forwarded a recommendation for approval, subject to two conditions. Ms. Katherine Conan, Gaston Engineering, expressed concurrence with the staff report and a willingness to respond to questions. No one was present to speak in opposition to the application. 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 preliminary plat for the Country Inn and Suites minor subdivision, as requested by Gaston Engineering and Surveying for Bozeman Country Hotel Group, LLC, under Application No. Pp05035, to subdivide 7.66 acres described as Lot 2, Cape-France Minor Subdivision No. 358, into two commercial lots, be approved subject to the following conditions: 1. A joint access easement and shared parking agreement shall be provided for the shared access onto Valley Center Road and for the shared parking facilities. The easement shall state that the drive accesses and parking areas are permitted reciprocal use by all of the lots of the subdivision. MDT has stated it will not issue any new access to Valley Center Road. 2. A twelve (12) foot wide all weather access road shall be constructed to provide access to all sanitary sewer manholes not located within a paved public or private street or parking lot. The motion carried by the following Ake and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner rauss, Commissioner Youngman and Mayor Cetraro; those voting No, none. 08-15-05 - 21 - Preliminary Dlat - Sunfish Park minor subdivision w subdivide 1.84 acres located at 780 Manlev Road Into five residential lots and one ODen space common area - C&H Enaineerlna for Bozeman Buildinq Traditions (PM05027) This was the time and place set for the public hearing on the preliminary plat for Sunfish Park minor subdivision, as requested by C&H Engineering for Bozeman Building Traditions under Application No. P-05027, to subdivide 1.84 acres lying in the Southwest one-quarter of Section 31, Township 1 South, Range 6 East, Montana Principal Meridian, into five residential lots and one open space common area. The subject property is located at 780 Manley Road. Public hearing Mayor Cetraro opened the public hearing. Planning Director Andy Epple presented the staff report on behalf of Planner Susan Kozub. He noted that the property currently contains one single-family residence. He reminded the Commission that in late 2004, a growth policy amendment was approved to amend the land use designation to residential, and the parcel has been preliminarily approved for annexation and IR-1" zoning. The Planning Director stated that staff has reviewed this application in light of the applicable criteria, and staff's findings are contained in the written staff report. Based on those findings, staff has forwarded a recommendation for approval, subject to several conditions. Mr. Ed Adamson, applicant, voiced his agreement with the staff report and recommendations. He expressed his interest in proceeding with a quality development on this property. No one was present to speak in opposition to the requested subdivision. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the preliminary plat for Sunfish Park minor subdivision, as requested by C&H Engineering for Bozeman Building Traditions under Application No. P-05027, to subdivide 1.84 acres lying in the Southwest one-quarter of Section 31, Township 1 South, Range 6 East, Montana Principal Meridian into five residential lots and one open space common area, be approved subject to the following conditions: 1. The Annexation and Zone Map Amendment must be finalized prior to installation of infrastructure and/or acceptance of a final plat. 2. Regarding the draft Declaration of Covenants and Restrictions, the following changes shall be made: a. All references to the "Zoning Ordinance" or "Uniform Development Code" shall be replaced with "Unified Development Ordinance;" b. Page 2 of 17, the word "structures" shall be changed to "lighting;" c. Page 5 of 17 needs to be revised to prohibit fencing greater than four (4) feet in height; d. The covenants shall address maintenance of open space in more detail; e. All typos, grammatical errors, etc. shall be corrected. 3. The final plat shall include clarification on the existing property line location and right-of-way for Manley Road. 08-15-05 - 22- 4. The Montana Department of Fish, Wildlife and Parks, NRCS, Montana Department of Environmental Quality and Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (Le., 310, 404, turbidity exemption, etc.) shall be obtained prior to plan and specification approval. 5. "Turtle Court" must be approved by the City Engineer and county road office prior to final plat approval. A street name sign and a stop sign will be required at the intersection of the proposed street and Manley Road. 6. Section 18.44.030.A.2 of the Unified Development Ordinance states "Two streets meeting a third street from opposite side shall be offset at least 125 feet for local roads." Per UDO section 18.44.090.H.3, the applicant must submit to the City Engineer a report certified by a professional engineer addressing why a relaxation of the UDO intersections requirements is necessary. This report should be a brief summary addressing the following: estimated traffic volumes, projected turning movements, any traffic controls, site design, sight clearance, and location and alignment of other access points. 7. 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. 8. The location of mailboxes shall be coordinated with the City Engineering Department prior to their installation. 9. 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 private and 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 sufficient site grading and elevation information (particularly for the basin sites, drainage ways, and lotfinished grades), typical stormwater retention/detention basin and discharge structure details, basin sizing calculations, and a stormwater maintenance plan. Any stormwater ponds located within park or open space shall be designed and constructed so as to be conducive to the normal use and maintenance of the park or open space. Storm water ponds shall not be located on private lots. 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. 10. UDO section 18.42.080.C states: "Drainage systems shall not discharge into any sanitary sewer facility or agricultural water user facility." It has been established that the ditch that flows on the Eastern and Northern boundaries of the property is classified as an agricultural water source. Therefore, a different discharge point must be used for the stormwater runoff. 11. The new street shall be constructed to follow the City of Bozeman Local Street Standards with a 31-foot back of curb to back of curb width with a standard boulevard sidewalk. However, sidewalk will onl1 need to be constructed on the north side of the Street because of the street's c ose proximity to the East Gallatin Recreation Area and existing trail. 12. A public access easement of 60 feet will be required for the construction of the new street. 13. Additional right-of-way must be provided on the east side of Manley Road to complete the total right-of-way of 90 feet required for a collector. 08-15-05 - 23- 14. The applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SIDs) for the following: street improvements to Manley Road including but not limited to paving, curb/gutter, sidewalk, and storm drainage. 15. Upon availability of service, any existing residences/businesses on the property must be connected to City water and sewer utilities. The existing on-site treatment systems must be properly abandoned and certification provided the abandonment occurred. Any wells presently used for domestic purpose can be retained for irrigation only with no physical connection to domestic water piping. 16. Prior to construction, a 20-foot sewer easement to connect sewer service through the Gallatin Park Subdivision must be filed. 17. Plans and specifications for any water, sewer and/or storm sewer main extensions, and Public or Private Streets (including curb, gutter & sidewalks) prepared by a Professional Engineer (PE) shall be provided to and approved by the City Engineer. 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. Specific comments regarding the existing and proposed infrastructure shall be provided at that time. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre-construction conference has been conducted. No building permits will be Issued prior to City acceptance of the infrastructure improvements. 18. The applicant shall submit a construction route map dictating how materials and heavy equipment will travel to and from the site in accordance with section 18.74.020.A.1 of the Unified Development Ordinance. This shall be submitted as part of the final site plan for site developments, or with the infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure that the construction traffic follows the approved routes. 19. All construction activities shall comply with section 18.74.020.A.2 of the Unified Development Ordinance. This shall include routine cleaning/sweeping of material that is dragged to adjacent streets. The City may require a guarantee as allowed for under this section at any time during the construction to ensure any damages or cleaning that are required are complete. The developer shall be responsible to reimburse the City for all costs associated with the work if it becomes necessary for the City to correct any problems that are identified. 20. All required street tree plantings will require street tree permits from the Forestry Department. 21. The Wetlands Review Board recommends that a 25-foot setback be maintained with the five feet immediately adjacent to the ditch left as an un-maintained vegetation strip except for annual "maintenance" or mowing event to control weeds. 22. The Wetlands Review Board recommends that the City Engineers review the particular construction requirements of this basin as it relates to overflow timing. Of particular interest to the W RB Board was whether the catchment basin incorporated a water level control structure that would effectively allow oils and pollution solids to either break down or be removed from the surface of the basin prior to outletting directly into waterway. Even though the outlet is a man-made ditch, the water flows perennially and almost immediately into the East Gallatin River; the Board recommends that the design of this catchment basin be appropriately designed with these considerations in mind. 08-15-05 - 24- 23. The Recreation and Parks Advisory Board: The existing hedges along the southern boundary of the property shall be maintained and extended the full length of the property line to provide an adequate buffer for the trails and park to the south. 24. The sewer manhole at the end of the cul-de-sac on Turtle Court shall be moved west 20 feet to accommodate the possibility of a sewer main extension that would go directly south from this manhole to serve the East Gallatin Recreation Area. At this time it appears a sewer service/main will not be feasible due to grade. However, if in the future it can be proven that it would be feasible, a sewer main extension or service line may be required. 25. The water main shall be extended to the east property line to serve the East Gallatin Recreation Area. This main will need to run through the open space, via an easement, and under the ditch to the next lot. The motion carried by the fOllowing Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, and Mayor Cetraro; those voting No, none. Amendment to Unified Development Ordinance M to allow development of extended stav lodainQs within the "B-3", Central Business District - Downtown Bozeman Partnership (Z-05115) This was the time and place set for the public hearing on the amendment to the Unified Development Ordinance requested by the Downtown Bozeman Partnership under Application No. 2-05115, to allow development of extended stay lodgings within the "B-3", Central Business, District. Public hearing Mayor Cetraro opened the public hearing. Planning Director Andy Epple presented the staff report on behalf of Assistant Planning Director Chris Saunders. He noted 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 the Zoning Commission held its public hearing on April 2 and, following that hearing, forwarded a recommendation for approval as well. Mr. Paul Reichert, Executive Director of the Downtown Bozeman Partnership, indicated that a request was made a few months ago to allow extended stay lodgings in the downtown area. He voiced concurrence with the limitation that these units not be allowed on the main level within the retail core and indicated a willingness to respond to questions. No public comment was received on this application.. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the amendment to the Unified Development Ordinance requested by the Downtown Bozeman Partnership under Application No. Z-05115, to allow development of extended stay lodgings within the "B-3", Central Business, District, be initially approved and that staff be directed to bring back an ordinance enacting the amendment, with the limitation that such units not be allowed on the main level within the retail core. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, and Mayor Cetraro; those voting No, none. 08-15-05 - 25- Authorize staff to seek aoolicants for a committee to prepare an urban renewal plan for proposed Northeast Bozeman Urban Renewal District Included in the Commissioners' packets was a memo forwarding information on a committee to prepare an urban renewal plan for the proposed Northeast Bozeman Urban Renewal District. Assistant City Manager Ron Brey stated that the next step is the appointment of a committee to prepare the plan, and suggested that the committee represent a broad spectrum of interests, including developers, residents, residents adjacent to the proposed district, and business owners. He cautioned that the committee will need to move quickly if the plan is to be prepared and the necessary steps taken to adopt that plan prior to the end of the calendar year so it is in place to capture anticipated new development in 2006. He recognized that, if the committee does not feel it can complete its work in the short period of time to meet the calendar year deadline, it may choose to complete the process after the first of the year, to become effective in 2007. Responding to Commissioner Kirchhoff, the Assistant City Manager stated that capturing the first year of the increment is important. Ms. Marjorie Smith, 122 North Church Avenue, noted she is on the periphery of the blight area. She questioned why the rush to complete the plan before the end of the year, except to harvest the tax increment. Commissioner Youngman suggested that the appointments be made in three weeks. Commissioner Hietala stated he has many the same questions as Ms. Smith voiced, including "what's the rush?" Commissioner Youngman noted a majority of the members need to be residents, or home or business owners in the proposed district who have owned their property for at least three to five years. She also noted that representatives from the development group proposing the district and the adjacent neighborhood should be included as well. Responding to Commissioner Kirchhoff, the Assistant City Manager stated that if the plan is not implemented by the end of the calendar year, the increment from next calendar year would be lost. He then noted that the tax increment dollars can only be spent within the district, and cannot be used for the impacts that may occur on adjoining areas. City Manager Kukulski noted that many communities have multiple districts and; in fact, it is rare to have only one tax increment financing district. He then indicated that staff will communicate with the School District and Gallatin County about this proposed district. It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that staff be authorized to seek applicants for a committee to prepare an urban renewal plan for proposed Northeast Bozeman Urban Renewal District, with those names to be submitted to the Commission for appointment at the September 6 meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss and Mayor Cetraro; those voting No, none. Discussion M FYI Items The following "For Your Information" items were forwarded to the Commission. (1 ) Letters and e-mails encouraging the Commission to retain the solid waste collection services from Chris Furtak, Nancy Gerlach, Ellen Rose and Mark & Rosi Slater. (2) Letter from Ann Ruebush Graybiel asking for information on the proposal for annexation and development of approximately 12 acres adjacent to Bridger Creek Subdivision. Responding to Commissioner Krauss, Planning Director Epple stated that this letter pertains to the Roberta Moche property, which has been planned for industrial development since 1983. 08~ 15.05 - 26- (3) Copy of the request for qualifications for updating of the impact fee studies. (4) Invitation from the Montana Board of Housing and the Human Resource Development Council to attend a meeting at 9:00 a.m. on Friday, August 19, to discuss new mortgage products designed for public and non-profit employers wishing to assist moderate-income employees in purchase of a home. (5) Copy of the notice that, beginning August 12, County Commission agendas will be published in the legal ads rather than as a display ad. (6) Agendas for the County Commission meetings to be held at 9:00 a.m. on Tuesday, August 16, and 1 :30 p.m. on Wednesday, August 17, at the Courthouse. (7) Agenda for the Development Review Committee to be held at 10:00 a.m. on Wednesday, August 17, at the Professional Building. (8) Agendas for the Planning Board meeting to be held at 7:00 p.m. and Zoning Commission meeting to be held at 8:00 p.m. on Tuesday, August 16, in the Commission Room. (9) City Manager Kukulski asked if the Commission feels compelled to weigh in on the bond issue for the jail, since its passage impacts the police and public safety. Director of Public Safety-Police Mark Tymrak encouraged Commission support of the jail bond issue, particularly in light of the rumors that are running rampant. He cautioned that if this bond issue does not pass, it will be at least six years before a new jail could possibly be financed constructed; and a new jail is needed now. The jail situation has already compromised police activities, since offenders realize there is no threat of consequence or punishment. Responding to Commissioner Youngman, the Director stated that people arrested for drugs, alcohol or domestic abuse often need a cooling off period, and there is currently no place to house those people. He cautioned that releasing those individuals without confinement can increase liability exposure to the City. A majority of the Commissioners agreed to place this item on next week's agenda for consideration. (10) City Manager Kukulski noted that staff has wrestled with the issue of agendas and packet information for the past year, and is attempting to identify a better mechanism for ensuring that it is made available in a timely manner. He stressed the importance of using the available technology to get the information more widely distributed. Commissioner Kirchhoff noted that technology could also be used during the Commission meetings, citing the 3D tour of the parking structure as an example of how it can assist in visualizing potential impacts. The City Manager stated it is also important to prepare agendas that result in Commission meetings of reasonable length, noting that the Commissioners can't be expected to make good productive decisions six or seven hours into a meeting. (11 ) Assistant City Manager Brey stated that the resolution declaring blight exists along the North 7th Avenue corridor will be before the Commission next week. He noted that this request has been submitted by property and business owners along that corridor, which is substantially different from the northeast neighborhood. (12) Director of Public Service Debbie Arkell submitted the following. (1) Noted it is extremely difficult to hear the Commissioners when sitting in the back of the room. (2) Stated that staff is meeting to determine how much the transfer station can be redesigned without going back through the bidding process. Also, staff is researching the issue and other possible options. (13) Director of Public Service Arkell noted that she has talked to Neighborhood Coordinator Tracy Oulman about organizing a meeting for residents around the design of the Fowler Avenue extension. The Commissioners indicated an interest in seeing the proposed design and information before the neighborhood meeting is held. 08-15-05 - 27- (14) Commissioner Youngman suggested that the City communicate with the northeast neighborhood directly about the appointments to the urban renewal plan committee. (15) Mayor Cetraro submitted the following. (1) Suggested that the City begin to use the classified section for publishing of the weekly agendas, since they are becoming more difficult to find in the display ad format. (2) Asked for a status report on the processing of revisions to the unified development ordinance. Adjournment - 11 :35 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Hietala, seconded by Commissioner Kirchhoff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye bein ~ Commissioner and Mayor Cetraro; those voting No, none. r 1 '/~1/,J -----=> ANMEW L. CETRARO, Mayor ATTEST: ~,/ ~/C~ RO N L. SULLIVAN City Clerk 08-15-05