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HomeMy WebLinkAbout2006-02-06 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN,MONTANA February 6, 2006 ***************************** The Commission of the City of Bozeman met in regular session in the Community Room, Gallatin County Courthouse, 311 West Main Street, on Monday, February 6,2006, at 6:00 p.m. Present were Mayor Jeff Krauss, Commissioner Sean Becker, Commissioner Jeff Rupp, Commissioner Steve Kirchhoff, Commissioner Kaaren Jacobson, City Manager Chris Kukulski, Assistant City Manager Ron Brey, Director of Public Service Debbie Arkell, Director of Finance Anna Rosenberry, Director of Public Safety-Police Mark Tymrak, Director of Public Safety-Fire Chuck Winn, Planning Director Andy Epple, City Attorney Paul Luwe, and City Clerk Robin Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Mayor Krauss requested that the appointment to the Local Government Study Commission be removed from the consent agenda for discussion. Minutes - Auaust 1. Auaust 15. SeDtember 6. SeDtember 12. December 5. and December 12. 2005. and Januarv 17. Januarv 23. and Januarv 30. 2006 It was moved by Commissioner Becker, seconded by Commissioner Rupp, that the minutes of the meetings of and January 23 and January 30, 2006, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Becker, Commissioner Rupp, Commissioner Kirchhoff, Commissioner Jacobson, and Mayor Krauss; those voting No, none. Mayor Krauss deferred action on the minutes of the meetings of August 1, August 15, September 6, September 12, December 5, and December 12, 2005, and January 17,2006, to a later date. Consent Items City Manager Kukulski presented to the Commission the following Consent Items. Acknowledae receiDt of reauest for annexation of 15.411 acres Ivina alona north side of Griffin Drive and east side of railroad riaht-of-wav - Manlev Commercial Partners. LLC: refer to staff Ordinance No. 1660 - zone code amendment - amendina Section 18.28.050. to adoDt Neiahborhood Conservation Overlav District Desian Guidelines bv reference: finallv adoot ORDINANCE NO. 1660 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE UNIFIED DEVELOPMENT ORDINANCE TO INCORPORATE BY REFERENCE THE DESIGN GUIDELINES FOR HISTORIC PRESERVATION AND THE NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT AND DIRECT THEIR USE. Commission Resolution No. 3888 - intent to amend arowth oolicv amendment to establish subarea Dlan for 810 acres Ivina alona StOry Mill Road. Ivina north of Mcllhattan Road 02-06-06 --------------- -2- COMMISSION RESOLUTION NO. 3888 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, STATING THE CITY'S INTENT TO REVISE THE BOZEMAN 2020 COMMUNITY PLAN TO ESTABLISH A SUBAREA PLAN FOR 810 ACRES DESCRIBED AS THE CHURN CREEK SUBAREA PLAN SITUATED IN THE S %, SECTION 29; N %, SECTION 32; AND SE %, SECTION 30, T1S, R6E, GALLATIN COUNTY, MONTANA. Authorize Assistant City Manaaer to sian - Professional Services Aareement for Plannina Services with Winter and Comoanv. Boulder. Colorado. for North 7th Avenue Corridor Desian and Connectivity Plan in the amount of $67.730 Authorize City Manager to sian - Professional Services Aareement for a site analvsis and feasibility studv for current City orooerties and new librarv site - Intrinsik Architect. Inc.. Bozeman. Montana. in the amount of $1 0.000: continaent UDon execution bv contractor Authorize City Manaaer to sian - AcceDtance of Public Street Easement for Fowler Avenue - 60-foot-wide easement extendina aDDroximatelv 1136 feet southward from Durston Road Authorize Mavor to sian - Findinas of Fact and Order for Northside Minor Subdivision - subdivide Lots 1 throuah 32. Block 1. Imes Addition. into four lots Authorize Mayor to sian - Findinas of Fact and Order for Freiaht and Lofts Minor Subdivision - subdivide Lots 6 throuah 14. Block 106. Northern Pacific Addition. into two lots ADDroval of final olat for Freiaht and Lofts Minor Subdivision - subdivide Lots 6 throuah 14. Block 106. Northern Pacific Addition. into two lots (Ivina alona south side of East Cottonwood Street between North Ida Avenue and North Wallace Avenue) AODroval of bvlaws for Gallatin County - City of Bozeman - City of Belarade Public Transit Stakeholders' Advisorv Board AODlication for temDorarv beer and wine license - BioReaions. International. at the Emerson Cultural Center. Februarv 1. 2006 Claims It was moved by Commissioner Rupp, seconded by Commissioner Kirchhoff, that the Commission approve the Consent Items, 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 Rupp, Commissioner Kirchhoff, Commissioner Jacobson, Commissioner Becker, and Mayor Krauss; those voting No, none. Public comment Ted Newman, 535 Valley Drive, asked when the left turn lane signals are to be added to the North 19th AvenuelWest Oak Street lights. He read a recent letter to the editor, noting that he concurs with the writer's concerns about the safety hazards at this intersection, which has been identified as the most dangerous intersection in Bozeman. He acknowledged that this signal is under the Montana Department of Transportation's jurisdiction, but suggested the local officials could apply pressure to that agency. Mr. Newman then asked that the City establish a 35-mile-per-hour speed limit on West Oak Street west of north 19th Avenue, noting that doing so would allow traffic to move better along those streets designed to handle higher traffic volumes. 02-06-06 -3- Possible direction to staff to initiate ~rowth oolicv amendment and zone mao amendments for orooerties Ivina alona the east side of outh Wallace Avenue. extendina southward from East Main Street Included in the Commissioners' packets a memo forwarding a letter from the Library Board of Directors requesting that the Commission initiate a growth policy amendment and a zone map amendment for the property lying south of East Main Street, east of South Wallace Avenue. Planning Director Andy Epple noted that under this proposal, the land use designation and zoning for a portion of the City property on which the new library is being constructed would be revised from residential to commercial. He noted that the northern portion of the site is currently zoned "B-2", while the remainder is zoned "R-4". He cautioned that the "R-4" zoning does not allow for the type of uses anticipated by the library lands task force that was appointed by the Commission. He further noted that those commercial properties lying along the east side of South Wallace Avenue between East Babcock Street and East Curtiss Street are non-conforming under the current zoning. He stressed that staff cannot support rezoning of just one acre of City land south of the new library, but feels it would be appropriate to change the land use designation and zoning on that portion of the property lying south of East Babcock Street and north of the East Curtiss Street alignment between South Wallace Avenue and Lindley Park to more accurately reflect current development patterns. He proposed that a business park land use designation and either "R-O" or "BP" zoning might be appropriate. In response to questions from Commissioner Rupp, Planning Director Epple confirmed that this amendment would include those private properties lying between South Wallace Avenue and the City's property. He further responded that not all of the uses allowed in "R-4" are allowed in the "R-O" zone. Responding to questions from Commissioner Becker, Planning Director Epple clarified that the height restrictions in the various zoning districts are governed by the unified development ordinance. Responding to questions from Commissioner Becker, City Manager Kukulski indicated that Intrinsik Architecture was contracted to review the site. He also stated that he expects to see some form of mixed use zoning that more closely matches what is actually there now. The City Manager expressed a desire for the Commissioners to indicate how they feel this area should be developed so that Intrinsik has some idea of how to proceed and how to plan this area. Responding to questions from Commissioner Rupp, City Manager Kukulski replied it is not unprecedented for the City is requesting a zone map amendment on private property. He noted that sometimes an applicant presents a proposal that is inconsistent with the land use designation and sometimes it works the other way. He finished by noting that lots of people want to see the Main Street area develop as a mixed use area. Responding to Commissioner Rupp, City Manager Kukulski encouraged the Commissioners to recognized the investment that has been made in the City's property on East Main Street. He then noted that a discussion on how the library would interface with the neighborhood should probably have been done three to five years ago, and suggested that it be undertaken at this time. Commissioner Becker agreed that the way area is laid out could be improved, and suggested that an "R-O" zone might not be the most appropriate. He recognized that the City needs a process under which to ensure this becomes a good neighborhood for the library. Mayor Krauss characterized the new library as the City's flagship building and stressed that good urban planning is needed around it. He agreed that the existing uses don't match the planning and zoning designations and asked that the Commission initiate the amendments, but suggested that they be processed in conjunction with master planning of the City's property and possibly the adjacent properties. He suggested that a mixed use designation that allows for a combination of office, retail, and residential uses might be appropriate since that would encourage extension of the development patterns that currently exist in the City's downtown core. Responding to questions from Commissioner Kirchhoff, Director Epple confirmed that the proposed amendments are less flexible than what the Mayor has discussed, and suggested that the Commission action might be to direct staff to work with Intrinsik, leaving the land use designation and zoning open ended. He noted that the Historic Mixed Use (HMU) designation may prove to be the most appropriate designation. 02-06-06 - 4- It was moved by Commissioner Kirchhoff, seconded by Commissioner Jacobson, that the Commission initiate the growth policy amendment and zone code amendment, and direct staff to work with Intrinsik Architecture to develop an appropriate land use designation and zoning proposal as a package for further review by staff and the Commission. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Jacobson, Commissioner Becker, Commissioner Rupp, and Mayor Krauss; those voting No, none. Presentation from Chris ThomDson reaardina orooosal to advertise on City vehicles (sanitation collection trucks) Distributed just prior to the meeting was an information booklet on the proposal for advertising on City vehicles. City Manager Kukulski noted that Mr. Thompson has been working with the staff to advertise on solid waste vehicles. He reminded the Commissioners that recycling had bee paid largely through the tipping fees at the landfill; however, that source of revenue is no longer available. He noted that the City spends $250,000 on recycling programs annually and receives approximately $1 00,000 from the sale of cardboard, leaving a $150,000 deficit in funding of the program. He suggested that at least a portion of that shortage could be covered through advertising revenues. Mr. Chris Thompson, Signs of Orion, estimated that this advertising program could generate up to $200,000 per year for the City, based on the advertising programs currently used by the Bobcat Transit and GalaVan. City Manager Kukulski drew the Commissioners' attention to the binders and the revenue projections. He stated that the $10,000 to $12,000 in revenue projections previously disclosed was understated and that the garbage trucks are expected to generate around $50,000 from advertising. Also, he noted that Mr. Thompson has proposed allowing advertisements on the recycling bins. The City Manager pointed out that there are three possible ways to fund the recycling program: levy a county-wide tax, levy a city tax, or come up with a creative way to generate the needed revenue such as this advertising proposal. Responding to questions from Commissioner Becker, Mr. Thompson noted that the signs are self- adhering vinyl decals that are removable but look permanent. He said that First Interstate Bank was ready to sign a contract under which the First Interstate Bank logo, similar to the one seen on their corporate vehicles, would be placed on the packer portion of the garbage truck. Responding to questions from Commissioner Becker, the City Manager stated that staff's response has been mixed, pointing out that Assistant City Manager Brey and Director of Public Service Arkell are not in favor of the idea. The City Manager indicated that he is not interested in cheapening the City and is just trying to find a way to fund the recycling program. He expressed a desire to try this program and see what it can do. In response to questions from Commissioner Rupp, Mr. Thompson stated that the fiscal projections are realistic. He estimated that the area covered on the trucks would be comparable in size to a billboard. City Attorney Luwe identified several options for a decision, including leaving the ordinance as adopted, completely prohibiting signage, or amending the ordinance to limit signage to the more traditional types. Responding to questions from Commissioner Jacobson, the City Attorney said that this ordinance was drafted to allow advertising on municipal vehicles, and that provision must be amended if the Commission chooses not to allow advertising on vehicles. Responding to questions from Commissioner Becker, the City Manager stated he anticipates the revenues from this program would be placed into the solid waste fund. Then, through the budgeting process, the Commission could spend the monies as they deem appropriate. He cautioned that the revenues from sale of cardboard can fluctuate wildly, and suggested this revenue source could provide some stability for the recycling program. 02-06-06 - 5 - Responding to questions from Mayor Krauss, City Manager Kukulski said that Mr. Thompson's numbers are conservative and he believes these revenues would contribute to a break-even status for the recycling program. Mayor Krauss acknowledged the City Manager's interest in seeking new revenue sources to make the recycling program self-sustaining, and indicated a willingness to try signage on City vehicles. Responding to questions from Commissioner Jacobson, the City Manager stated that residential pick-up of recyclables would dramatically increase recycling costs but recognized that such a service may need to be provided, at an increased cost to City residents. Responding to questions from Commissioner Jacobson, Director of Finance Rosenberry confirmed that this year's total budget is $77 million, which includes $6 million for a transfer station. Mayor Krauss acknowledged the need to find a funding source to cover the costs of the recycling program, noting that the huge increases in collection costs that would be required to support the program are unacceptable. He feels this is a viable alternative that could generate $172,000 a year without negatively impacting the rate payers. Commissioner Jacobson expressed concern that commercial advertising on City vehicles makes them more commercial. She recognized that City employees worked hard to develop the organization's core values, and she feels public service is an honorable profession that the employees have chosen and that they are committed to serving the community. She does not believe the vehicles they drive should not be commercialized, and voiced concern that requiring them to do so will ne~ativelY impact morale. She concluded by stating the City needs to find an alternative source of revenue i it is determined the shortfall in funding of the recycling program will break the City's $70 million budget. Commissioner Becker stated he does not want to reverse any of the steps that have been taken to implement recycling in Bozeman. He then indicated that, until the City identifies a way to replace the revenues that could be generated through advertising on City vehicles, he feels the ordinance should remain as written. Commissioner Rupp questioned the revenue projections, noting that GalaVan has not realized the revenues projected for advertising on those vehicles. He supports the City's commitment to recycling, but feels that the City should not resort to advertising on its vehicles to generate revenues for the program. Responding to City Manager Kukulski, Commissioner Rupp indicated he does not view the recycling bins the same way that he does the vehicles. It was moved by Commissioner Jacobson, seconded by Commissioner Rupp, that the Commission direct staff to bring back an ordinance to prohibit signs on City vehicles. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jacobson, Commissioner Rupp, and Commissioner Kirchhoff; those voting No being Commissioner Becker and Mayor Krauss. Staff oresentation re ex oarte communication City Attorney Luwe highlighted the handout prepared by Staff Attorney Tim Cooper, which shows the difference between quasi-judicial and legislative actions. He noted the last page contains a chart that talks about ex parte communication and how to handle it. He stressed that this doctrine is about fairness in hearings and stems from due process clauses. When dealing with land uses, it is essential to provide fairness to the public and the developer; and when ex parte communication occurs, there needs to be full disclosure. Responding to questions from Commissioner Becker, the City Attorney clarified that when the Commission is dealing with legislative issues such as growth policy amendments, the ex parte communication limitations do not apply and meeting with interested parties is acceptable. He cautioned, however, that the conversation cannot stray to discussion of specific plans or development proposals, since those are subject to the ex parte communication limitations. He then indicated that if a Commissioner is approached by a member of the public about a specific issue, the most appropriate step is to disclose that 02-06-06 - 6- conversation at the public hearing. He cautioned that failure to do so can result in liability to both the City and the individual Commissioner. Commissioner Kirchhoff noted that, over the years, he has been invited to meet with developers. He stressed that any comment by the Commissioner can be construed as having an opinion, for which the Commissioner may become liable. He suggested that one approach is to simply say thank you for the input and indicate that it will be considered along with all other input. He concluded by noting that the City processes are designed to allow for pUblic input at the appropriate time and in the appropriate manner and that those processes should be allowed to function as intended. Commissioner Rupp indicated that he will comply with the law, but stated he does not feel it is appropriate for the Commissioners to isolate themselves from the public that elected them. Mayor Krauss reminded the Commissioners that the restrictions do not take effect until an application has been filed. but encouraged them to carefully consider the staff's presentation and Commissioner Kirchhotrs comments once that application has been submitted. City Manager Kukulski noted that disclosure is one of the main key components and encouraged the Commissioners to use common sense in this area. Assistant City Manager Brey noted the emphasis is on transparency in decision making and. as a result, it is important that the Commissioners identify the bases on their decisions are made. The City Manager encouraged the Commissioners to use City staff to obtain information since they are not involved in making the decision. Mayor Krauss acknowledged the issues and concerns of the new Commissioners, noting that this is an issue with which all new public officials wrestle. City Attorney Luwe noted that his door is always open if the Commissioners need further clarification or discussion on the issue. Commssioner Jacobson stated that the polls show 48 percent of the people think City officials do not listen to them; and in this presentation, the Commissioners are being told not to listen to the public. Mayor Krauss stressed that the Commissioners can listen to the public; it's just that the input must occur in a publiC setting. Break - 7:25 to 7:30 p.m. Mayor Krauss declared a break from 7:25 p.m. to 7:30 p.m., in accordance with Commission policy. Growth Policv Amendment - establish sub-area olan on orooerties located alona StOry Mill Road east and north of Sridaer Creek Subdivision - Bechtle Slade PC for Churn Creek Partners (P-05056) This was the time and place set for the public hearing on the Growth Policy Amendment requested by Bechtle Slade PC for Churn Creek Partners under Application No. P-05056, to establish a sub-area plan on 810 acres lying in the South one-half of Section 29 and Section 30. and the North one-half of Section 32. Township 1 South, Range 6 East, Montana Principal Meridian. The subject properties are located along Story Mill Road east and north of Bridger Creek Subdivision. City Manager Kukulski stated that the applicant has expressed desire that pUblic hearing on Churn Creek, be opened and continued until February 21, 2006. Public hearing Mayor Krauss opened the public hearing. 02-06-06 - 7 - Trish McKerney, 3365 Deer Creek Drive. suggested that this resource deserves planning apart from a specific development plan. She noted that people like seeing the bench, which is a haven for wildlife. She asked that, if the City annexes the property. the residential designation be the lowest that can be approved, 1.33 houses per acre. There is actually 2,000 acres of undeveloped land along the bench and, under this density, as many as 2,000 to 2,600 homes are possible. She suggested a very careful plan if the Commission starts allowing high-density development. Bryon Dingman, 8645 Look Far Way. noted that. as a third generation resident of the valley, he remembers when each town was distinct and readily identifiable at night. He wants to see the viewsheds preserved and proposed that the valley floor be considered for high-density development and the foothills be reserved for low-density development. He stated that on Friday morning, he jumped 8 to 12 head of elk in this area, and thinks this is a precious experience that should be protected. It was moved by Commissioner Becker, seconded by Commissioner Rupp, that the public hearing be continued to February 21 , per staffs request. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Becker, Commissioner Rupp, Commissioner Kirchhoff. Commissioner Jacobson, and Mayor Krauss; those voting No, none. Responding to questions from the Commission. Planning Director Epple noted that this property has been preliminary approved for annexation, with a R-S zoning. and stated that one of the conditions of those approvals was that, prior to annexation, a sub-area plan for the entire area, including the landfill, the Churn Creek property, and the Rugheimer property, be approved. Site Plan and Certificate of Aoorooriateness to allow construction of one multi-tenant commercial buildina totalina aooroximatelv 129.034 SQuare feet on property located at the southeast corner of the intersection of North 19th Avenue and Cattail Street. with deviation from Section 18.46.040. to allow parkina In excess of the 125-oercent maximum - Allied Enaineerina Services. Inc.. for Gallatin TR LP (Z-05270) This was the time and place set for the continued public hearing on the Site Plan and Certificate of Appropriateness requested by Allied Engineering Services, Inc., for Gallatin TR LP under Application No. 2-05270, to allow construction of one multi-tenant commercial building totaling approximately 129,034 square feet on Lot 12, Gallatin Center Subdivision PUD, Phase 4, with a deviation from Section 18.46.040 of the Bozeman Municipal Code, to allow parking in excess of the 125-percent maximum. The subject property is located at the southeast corner of the intersection of North 19th Avenue and Cattail Street. Public hearing Mayor Krauss reopened the continued public hearing. Senior Planner Dave Skelton distributed a copy of the recommended conditions reflecting corrections to the number of the conditions, after which he presented the staff report. He briefly highlighted the zoning and surrounding land uses, noting this property is located along the north side of Cattail Street and that a key north/south trail corridor runs through it. He stated this is the second site plan that has been reviewed for Lot 12, because the plan approved in 2004 has expired. He identified the relocation of the West Catron Creek corridor as one of the key issues. particularly since the stream was not centered within the corridor because of a major power line through the area. He then indicated that this application will . result in the continued southward extension of the building that currently houses Target, Bob Ward. and Pets Mart. The Senior Planner stated that staff has reviewed this application in light of the applicable criteria, and staffs comprehensive findings are contained in the written staff report. Based on those findings, staff has forwarded a recommendation for approval of the site plan, subject to several conditions. but recommended denial of the request to exceed the parking requirements. Senior Planner Skelton stated that the Design Review Board has looked at this application twice, and has recommended a condition that the south end of the southernmost building be revised to provide stronger architectural elements. and that better emphasis be placed on the main entrances. He highlighted several of the recommended conditions for approval, noting that both the Design Review Board and the staff support this project as conditioned. 02-06-06 -8- Mr. Gene Graf, applicant, stated that they have been involved in development of the Gallatin Center for over twelve years. He indicated his agreement with the recommended conditions of approval, but asked that the Commission grant the requested deviation for parking. He noted that in 1998, they requested 5 parking spaces per 1,000 square feet of retail, and the City approved 4.1 parking spaces. As a result, they have guaranteed all tenants the 4.1 spaces per 1,000 square feet of retail. He then noted that three years ago, there was an agreement to improvement North 19th Avenue and, based on that agreement, they began gathering tenants; however, those improvements were not completed until recently. He characterized the parking for this site as a pre-existing condition and asked that the Commission allow for the higher parking ratio to continue southward to Cattail Street only. He concluded by stating that Lot 12 is burdened by pre- existing agreements and assured the Commission that additional exceptions to the parking regulations will not be sought for other parcels. Mr. Graf then read into the record a letter from Mr. Randy Twist, reminding the Commission that 30 percent of the Gallatin Center is open space, in addition to the landscaping on the individual lots. This results in only 70 acres of the 100-acre site being developed. No one spoke in opposition to the application. Since there were no Commissioner objections, Mayor Krauss closed the public hearing. Decision Commissioner Becker expressed his support for the application, including the request to exceed the 125-percent limitation on parking. Mayor Krauss indicated that he, too, could support the request to exceed the 125-percent limitation on parking but he would like to see the parallel spaces along Max Avenue eliminated. It was moved by Commissioner Rupp, seconded by Commissioner Krauss, that the Site Plan and Certificate of Appropriateness requested by Allied Engineering Services, Inc., for Gallatin TR LP under Application No. Z-05270, to allow construction of one multi-tenant commercial building totaling approximately 129,034 square feet on Lot 12, Gallatin Center Subdivision PUD, Phase 4, be approved subject to the following conditions: 1. The westernmost access onto Cattail Street shall be right in, right out only to comply with the requirements of Section18.44.090.D of the Bozeman Municipal Code. 2. The curb on the all the accesses shall be extended through the curb returns, and for a minimum distance of 10 feet along the edge of adjoining street. Additionally, a minimum of 10 feet of curbing shall be added on both streets to the curb returns previously installed at the intersection of Cattail Street and Max Avenue. 3. The existing easement for the portion of the water main that is being relocated must be vacated and a new easement granted for the relocated main. 4. All abandoned water main that is not located underneath a proposed building must be removed. Portions of the abandoned main that are under the proposed buildings may be left in place, but if they are, they must be filled with lean concrete, grout, or other approved material. 5. All of the water main shall be installed with Phase I of the development. The final number and location of on-site fire hydrants shall be reviewed and approved by the City of Bozeman Fire Department. 6. All of the site work shall be completed in a maximum of two phases. The phasing shall be clearly delineated on the final site plan. 7. That the final plat for Phase IV of Gallatin Center Subdivision PUD be filed at the Clerk and Recorder's Office prior to obtaining a building permit to proceed with construction of Lot 12. 02-06-06 ___ ___________n_____________ ------- -- --- -9- 8. Based on Section 18.43.130 of the Bozeman Municipal Code, final site plan approval will be good for only one (1) year with a possible one (1) year extension. Thereafter, a full site plan review will be required for development. 9. All property owners, tenants and businesses must be party to the Gallatin Center Property Owner's Association. 10. That resolution of the placement of West Catron Creek within the 118-foot wide stream corridor is addressed by the City Commission prior to final site plan approval. 11. Storm water runoff facilities will not be permitted in the open space corridor except at the north end of the site and properly landscaped as specified by the Planning Office. Said improvements shall be reviewed and approved by the Planning Office prior to installation. Issuance of a final occupancy or release of any required financial guarantee shall not occur until said improvements have been approved by the Planning Office. 12. The site plan shall identify the West Creek corridor as a "Public Open Space Stream Corridor" for review and approval prior to final site plan approval. 13. The water main proposed along the west side of the project shall be located in the paved driving aisle of the off-street loading area along the west side of the multi- tenant structure, that not more that ten (10) feet of the utility easement shall encroach into the West Catron Creek public corridor, and that the site plan be revised accordingly for review and approval. 14. The east/west sanitary sewer main proposed through the off-street parking lot for Lot 12 shall be located in the middle of a driving aisle such that it does not conflict with the installation of the landscape features of the off-street parking lot islands, and that the site plan be revised accordingly, for review and approval. 15. That the site plan maintain a 32-foot-wide two-way driving aisle along the west building facade and plaza area. 16. The 25-foot-wide utility easement along Max Avenue is reduced to 12 feet in width and that the site plan is revised accordingly for review and approval. 17. That no ground-mounted mechanical equipment, utility equipment, or landscape irrigation equipment shall be installed within the 25-foot front yard setback along Cattail Street and Max Avenue without approval by the Planning Office. All utility equipment to be installed by NorthWestern Energy shall be identified on the site plan and properly screened from the pubic and private street rights-of-way. 18. That the remainder of the off-street parking lot area that exceeds the allowable number of off-street parking spaces be installed as additional landscaped front yard along Cattail Street and Max Avenue and/or plaza area along the east building facade, unless a deviation to the planned unit development is granted by the City Commission for additional parking. 19. That the landscape plan be revised to demonstrate that: 1) at least 20% of the off- street parking lot area is installed as landscape areas per the entryway corridor guidelines; 2) that the off-street parking lot be reduced to comply with Chapter 18.46 of the Bozeman Municipal Code, based on 129,034 of retail space with the remainder of the off-street parking lot area fronting Max Avenue to be installed as a landscaped yard until further expansions are granted; 3) that the applicant demonstrate on the landscape plan how the plan has earned the minimum number of points specified in Chapter 18.48.060 of the Bozeman Municipal Code; 4) that all off-street parking lot landscape islands that are not landscaped as turf or lawn be noted accordingly; and 5) that all off-street parking lot landscape islands that are not installed as turf or lawn shall provide at least 50 percent live vegetative ground 02-06-06 - 10- coverage and noted accordingly on the landscape plan, for review and approval prior to final site plan approval. 20. Per the conditions of preliminary subdivision plat approval the applicant shall be responsible for installing sod, boulevard trees, and an irrigation system in the public right-of-way boulevard strips along all external subdivision streets and adjacent to subdivision parks or other common open space or common areas in accordance with Section 16.14.110.A "City of Bozeman Rights-of-Way', and that it be noted accordingly on the site plan for review and approval. 21. That the contractor physically installing said trail improvements shall be required to hold a pre-construction meeting with the City of Bozeman Parks Department prior to proceeding with installation of said trail improvements and provide the Planning Office with written approval by the Superintendent of Facilities and Lands to proceed with construction of the trail improvements, and that said provisions and trail specifications be noted accordingly in the property owner's association documents for review and approval by the Planning Office. 22. That the applicant provide an adequate number of bicycle racks along the building fac;ade of not less that four (4) and that the location and placement of said bicycle racks be delineated on the site plan for review and approval prior to final site plan approval. 23. That the applicant provide a common signage plan for said project depicting location, general style, limitations of graphic design, dimensions, materials, color, and method(s) of illumination, for review and approval by the Planning Office prior to final site plan approval. 24. Prior to final site plan approval the applicant shall provide on the site plan typical cross-sections of the front yard setbacks along Cattail Street and Max Avenue, as well as the West Catron Creek corridor that includes a section from the edge of the public street to the off-street parking lot for review and approval. 25. That the applicant provide a written narrative with the preliminary final site plan stating on each of the conditions of approval and code provisions outlined in the context have been addressed and/or met. 26. The storm water detention basins situated in the West Catron Creek corridor shall be designed and landscaped as a contributing element to the corridor, shall not exceed a slope of 25 percent or a depth of 1'!h feet, and shall be permitted only at the north end of the site. No storm water facility, outlet or associated improvements will be closer that thirty (30) feet of West Catron Creek. 27. That the entire perimeter of the site (i.e., sidewalks, egress/ingress points, lighting, landscape, boulevard trees, and irrigation be installed with the initial phase of the project. 28. That the design of the off-street parking for Lot 12 be revised to reflect that submitted to the DRB with the January 25, 2006, submittal. 29. That the design of the off-street parking for Lot 12 be revised to maintain the location of the two pedestrian sidewalk corridors, but place the egress/ingress point along Max Avenue at its original location centered on the lot as discussed in the first application. 30. The applicant shall demonstrate how the site plan provides the minimum points required for landscape performance standards under Section 18.48.060, prior to final site plan approval. 31. That the landscape plan shall be revised to address the following: 02-06-06 - 11 - a. The West Catron Creek corridor include the location of the pedestrian pathway and brides, as well as incorporating drought tolerant landscape species that compliment the native grasses, b. All large canopy trees shall be installed at a minimum 2-inch caliber size and noted accordingly on the landscape plan. This includes boulevard, landscape islands, plaza area, and the West Catron Creek corridor. c. The plaza area along the east facade include a typical detail of the planters that includes seating, both perennial and annual landscape features, native type species, and irrigation system. d. The plaza area includes additional shade trees and bike racks, and a hardscape plan prepared by a Good Fulton and Farrell Architects for treatment of the plaza with patterned, pigmented scored concrete. e. All egress/ingress points onto Max Avenue and Cattail Street will contain similar landscape features, including perennial and annual landscape features. f. Additional landscaping shall be installed along the creek corridor to screen the service and refuse areas and shall include, but not be limited to, a continuous hedge along the east side and a mix of deciduous and coniferous trees. g. All storm water retention facilities will be properly landscaped in a non-rectangular form with 25-percent side slope and a depth of not more that 1 Y:z feet. h. All off-street parking lot areas and landscape features shall include ornamental rock, river rock, or similar ground cover in-lieu of 1 Y:z- inch to 2-inch diameter washed rock, "pea" gravel or similar ground cover. i. Provide a raised section of pavers or pigmented scored concrete along the driveway fronting the plaza area. j. That the plaza shall include raised planters that allow for seating large enough to accommodate woody plantings. 32. That the applicant provide on the site plan and exterior elevations the location of all roof-top and/or ground-mounted mechanical and utility equipment, including ground- mounted mechanical power and telephone boxes, irrigation wells, as well as a typical detail(s) illustrating the materials, color, and method of screening used to screen the equipment from adjacent properties and public streets, for review and approval by the Planning Office prior to issuance of a COA and final site plan approval. 33 The final site plan shall not include parking in excess of the 125 percent maximum established by Section 18.46.040 "Number of Spaces Required." The parallel parking spaces along Max Avenue shall be eliminated as part of the parking reduction. The additional area created by the elimination of parking spaces shall be added to the pedestrian plaza along the east and south elevations of the structure. 34 That the east, west and south exterior elevations of the building facade reflect that of the current architectural vocabulary of the existing structure by further investigating the treatment of variation in masonry materials, patterns, horizontal bands, fenestration treatment, articulated parapet wall, entrance forms and architectural detailing (i .e., treatment of covered entrances), for review and approval 02-06-06 - 12 - by ADR staff prior to final site plan approval. The following architectural treatment shall be considered throughout the structure: a. The south and west elevations (Le., Tenant Building liD") provide additional variation in masonry materials, patterns, horizontal bands, fenestration treatment, articulated parapet wall, and a covered walkway and wainscot. b. A five (5) foot high wainscot material, different from that of the masonry facade (Le., culture sandstone or similar), be constructed along the south and west facades of Building Tenant liD", with the same or similar wainscot encouraged at points along the east facade (Le., Building Tenant liB"). Said wainscot will extend at a minimum to the north end of Tenant Building liD" along the west elevation. c. That the covered main entrances of the multi-tenant structure include architectural features and geometric shapes that compliment the pattern and rhythm of the existing entrances. d. Incorporate a stronger variation in roof forms, whether it be a combination of stronger sloping forms at the main entrances, exaggerated parapet walls, detailed pediment walls, offset building heights, or multiple roof planes. e. Pigmented, split face CMU masonry will be used throughout the structure with smooth faced CMU being allowed as accent only and not to exceed 20 percent. f. All synthetic surfaces shall incorporate a greater emphasis on patterns and treatment of joint details, relief and additional architectural details. g. Canopies shall be installed along the south and west elevations over all service areas with similar awnings over all pedestrian hinged doors that front onto Cattail Street, West Catron Creek corridor and Cattail Creek Subdivision. h. The west elevation shall incorporate architectural features including, but not limited to, metal scuppers/downspouts, a strongly articulated top of parapet wall, and the use of another material. 35. That the southeast corner of the structure (Le., Building Tenant liD") focus on a primary entrance into the building that faces has an orientation to both the off-street parking lot and the streetscape of Cattail Street, and that the public plaza be continued around said corner and extended along all or a portion of the south facade. 36. That the applicant provide a common signage plan for said project depicting location, general style, limitations of graphic design, dimensions, materials, color, and method(s) of illumination, for review and approval by the Planning Office prior to final site plan approval. 37. That the final site plan shall confirm that all pedestrian crosswalks will be installed as colored scored concrete similar to that already installed throughout the mixed use commercial planned unit development. 38. The color palette for the buildings including material samples and color chips shall be provided, for review and approval by the Planning Office, prior to final site plan approval. 02-06-06 -13 - 39. The review of exterior elevations for Building Tenant "D" shall be resubmitted for reviewed and approved by the DRB. The motion passed by the following Aye and No vote. Those voting Aye being Commissioner Rupp, Commission Kirchhoff, and Commissioner Jacobson; those voting No being Commissioner Becker and Mayor Krauss. Zone Mao Amendment - from "BP". Business Park. to "B-2". Community Business. on 28.4 acres Iyina alona south side of Huffine Lane at Fowler Avenue - Mitchell Develooment Grouo. LLC (Z-05269) This was the time and place set for the public hearing on the Zone Map Amendment requested by Mitchell Development, LLC, under Application No. Z-05269, to amend the zoning designation from "SP," Business Park, to "B-2," Community Business, on 28.4 acres described as Tract 2A of the Amended Plat of West College Minor Subdivision No. 195A. The subject property is located along the south side of Huffine Lane and West College Street at Fowler Avenue extended. Public hearing Mayor Krauss opened the public hearing. Senior Planner Dave Skelton presented the staff report. He noted that the application is to rezone 28 acres of the 72-acre Bozeman Gateway development from "BP" to "B-2." He noted that one of the conditions of approval for that project was that the applicant seek this rezoning to bring the zoning into compliance with the growth pOIiC~ The Senior Planner stated that staff has reviewed this application in light of the applicable criteria, and sta s comprehensive findings are contained in the written staff report. Based on those findings, staff has forwarded a recommendation for approval, subject to the standard conditions. Responding to questions from Commissioner Becker, Senior Planner Skelton indicated there are places in the community where the zoning is not consistent with the growth policy, and that discrepancies are addressed when they are identified. Planning Director Epple described this as a housekeeping issue. Jim Ulman, consulting engineer, expressed agreement with conditions and a willingness to respond to questions. No public comment was received on this application. Since there were no Commissioner objections, Mayor Krauss closed the public hearing. Decision It was moved by Commissioner Kirchhoff, seconded by Commissioner Jacobson, that the Zone Map Amendment requested by Mitchell Development, LLC, under Application No. Z-05269, to amend the zoning designation from "BP," Business Park, to "B-2," Community Business, on 28.4 acres described as Tract 2A of the Amended Plat of West College Minor Subdivision No. 195A, be initially approved and that staff be directed to bring back an ordinance enacting the amendment, subject to the following conditions: 1. That the applicant submit a zone amendment map, titled "Bozeman Gateway Zone Map Amendment," on a 24-inch by 36-inch mylar, 8'V:l-inch by 11-inch, or 8'V:l-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. 02-06-06 -------..---- - 14- 2. That the ordinance for the zone map amendment shall not be drafted until the applicant provides a metes and bounds legal description and map rezoned, which will be utilized in the preparation of the ordinance to officially amend the zone map. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commission Jacobson, Commissioner Becker, Commissioner Rupp, and Mayor Krauss; those voting No, none. Certificate of ADDroDriateness to allow demolition of two-stOry enclosed rear Datio. Dartial demolition. remodel and relocation of existina detached four-car aaraae to become attached two-car aaraae. construction of rear addition with two covered Dorches. and construction of 4-foot and 7 -foot hiah fences with deviations to allow rear addition and two-car aaraae to encroach 16 feet into reauired 20-foot rear vard setback. and to allow 226 linear feet of fence exceedina 6 feet in heiaht on orooertv line - Michael Delanev and Ileana Indreland for 415 South Willson Avenue (Z-05301) This was the time and place set for the public hearing on the Certificate of Appropriateness requested by Michael Delaney and Ileana Indreland under Application No. Z-05301, to allow demolition of an enclosed rear patio and partial demolition, remodel and relocation of an existing detached four-car garage to become an attached two-car garage, with construction of a rear addition with two covered porches on Lots 4 through 10, Block 2, Fairview Addition, with deviations from Section 18.16.050, to allow the rear addition to the existing house and the attached two-car garage to encroach 16 feet into the required 20-foot rear yard setback, and from Section 18.42.130 of the Bozeman Municipal Code, to allow 226 linear feet of fence exceeding 6 feet in height to be located on the lot line. The subject property is located at 415 South Willson Avenue. Included in the Commissioners' packets was a memo from Historic Preservation Planner Bristor requesting that the public hearing be continued to February 21 to allow for revisions to the submitted application materials. Public hearing Mayor Krauss opened the public hearing. It was moved by Commissioner Jacobson, seconded by Commissioner Becker, that the public hearing be continued to February 21, per the staff's request. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jacobson, Commissioner Becker, Commissioner Rupp, Commissioner Kirchhoff, and Mayor Krauss; those voting No, none. Preliminarv Dlat for Diamond Estates Subdivision No.2. Phases II and III - subdivide 82.19 acres located east of Flanders Mill Road and south of West Oak Street extended into 182 residential lots - Gaston Enaineerina and Survevina for Doualas Smith (P-05071) This was the time and place set for the public hearing on the preliminary plat for Diamond Estates Subdivision No.2, Phases II and III, as requested by Gaston Engineering and Surveying for Douglas Smith under Application No. P-05071, to subdivide 82.19 acres described as a portion of the South one-half of Section 3, Township 2 South, Ran~e 5 East, Montana Principal Meridian, into 182 residential lots. The subject property is located east of landers Mill Road and south of West Oak Street extended. Public hearing Mayor Krauss opened the public hearing. Senior Planner Dave Skelton presented the staff report. He noted this subject property is located north of Durston Road, south of Baxter Lane, and west of Harvest Creek Subdivision. He highlighted some of the topographical features of the site, including watercourses and jurisdictional wetlands. He noted the Recreation and Parks Advisory Board agrees with including the wetlands in the western portion of the park, and that that portion of the park and the watercourse corridor should be in the natural state. He indicated that the eastern portion of the park is to be reserved for future recreational development, possibly including an aquatic facility. 02-06-06 - 15 - The Senior Planner reminded the Commission thatduring the pre-application review, there was a lot of discussion centered on two streets within the subdivision, Moonstone Drive and Agate Drive and the need to realign those streets. Also, concerns were raised about the limited east/west connectivity and discussion about the two water courses and the proposed parkland dedication. He noted that, given the proximity of this property to the regional park and the park within Oak Springs Subdivision, the Commission had indicated support for the parkland proposed within this development. Senior Planner Skelton stated that, subsequent to the Planning Board meeting, the applicant submitted a revised drawing to demonstrate how this proposal can meet the conditions recommended by that board. Mr. Dennis Foreman, consulting engineer, noted that the parcels immediately south of this subject property are owned by Christ the King Lutheran Church and by the Gallatin Valley Presbyterian Church. He stated that the site on which Christ the King Lutheran Church is located is a 1 O-acre site at the northeast corner of the intersection of Durston Road and Flanders Mill Road that was designated as a church site when Diamond Estates Subdivision was initially platted. Planning Director Epple noted that the Presbyterian Church will go through the site plan review process prior to construction. No public comment was received. Commissioner Kirchhoff expressed concern about the use of pedestrian greenway corridors to cut the blocks along Ferguson Avenue, which are greater than 400 feet long. Senior Planner Skelton responded that the greenways are not designed to address the block length, but to provide pedestrians with an opportunity to move through the subdivision at mid-block. Mr. Dennis Foreman, consulting engineer, stated that the street separation requirements in the unified development ordinance made it difficult to design a gridded street system that meets the block length requirements. He indicated that, if the Commission so directs, he is willing to extend streets to intersection with Ferguson Road. He then cautioned that the alignment of Annie Street accommodates the existing outfall sewer line for the Valley West and Laurel Glen Subdivisions. Responding to Commissioner Kirchhoff, Planning Director Epple stated that the current street standards call for wider streets than those found intersecting with South Willson Avenue and, as a result, greater block lengths are required. He indicated that the City Engineer would need to approve a deviation to allow the intersections to be closer together than allowed by code. Commissioner Rupp questioned why the modular lots along the south edge of the subdivision have been eliminated in the revised drawing. Mr. Dennis Foreman responded that, after proposing the 25-foot-wide modular lots that were designed for multi-family development in whatever configuration was desired, they found that a 30-foot-wide lot was necessary for each end of the structure because of the 5-foot side yard setback requirement. Since the exact configuration of the buildings is not known until the lots are sold, it is not possible to accommodate the setbacks. He indicated that because of these difficulties, they have determined the flexibility desired through the modular lots cannot be accommodate and, as a result, the southern lots have been reconfigured to provide for multi-family housing on traditional lots. Planning Director Epple confirmed that the modular lots create some impracticalities for construction. He then concurred that the revised plan does not change what would go on the ground, but provides essentially the same development as the plan reviewed by the Planning Board Since there were no Commissioner objections, Mayor Krauss closed the public hearing. Decision Commissioner Kirchhoff said this preliminary plat needs significant revision before he can support it. He has problems with the block lengths and the pedestrian crossings at mid-block on Ferguson Avenue. He is also concerned that the blocks are north/south blocks on the south end but east/west blocks near the 02-06-06 - 16- park. Further, he's concerned about the configuration of Moonstone Drive and the failure to extend Agate Drive to the southern boundary. He expressed appreciation for the revised plat showing how the conditions recommended by the Planning Board can be met. However, he suggested that the plat be further revised to include more arterial connections, shorter blocks, fewer mid-block pedestrian crossings, and more interior connections. He also feels the blocks should be more consistent rather than being on different alignments, and acknowledged that he does not understand all of the issues that revolve around modular lots. He concluded by stating that he cannot support the preliminary plat as submitted and requested that the Commission delay its decision for one week. Following discussion, Mayor Krauss requested that the decision be delayed to 5:30 p.m., on Monday, February 13. Conditional Use Permit for Baxter Meadows Subdivision. Phase III. Planned Unit Develooment - allow neo-traditional multi-use development with sinale household residential use on 83 acres located northeast of intersection of Baxter Lane and Harper Puckett Road with relaxations to allow residential subdivision to have less than minimum of 10 percent net buildable acreaae dedicated to RSLs: (2) to allow RSL lots in Phase III to have minimum lot width of 45 feet: and (3) allow watercourse setback alona relocated Dortion of Baxter-Border Ditch to be used to satisfy oarkland dedication reauirements - Baxter Meadows West LLC and Geske Prooerties. LLC (Z-05266) This was the time and place set for the public hearing on the Conditional Use Permit for Baxter Meadows Subdivision, Phase III, Planned Unit Development, as requested by Baxter Meadows West LLC and Geske Properties, LLC, under Application No. 2-05266, to allow a neo-traditional multi-use development with single household residential use on 83 acres described as Lots 1 and 2, Block 7, Baxter Meadows Subdivision PUD, Phase I, and Tract 1A, Amended Plat of Baxter Meadows Subdivision PUD, Phase I, Tract 1, with relaxations from Section 18.42.180.C of the Bozeman Municipal Code, to allow a residential subdivision to have less than the minimum of 10 percent of the net buildable acreage dedicated to restricted size lots (RSLs); from Section 18.16.040, to allow restricted size lots in Phase III to have a minimum lot width of 45 feet; and from Section 18.50.070, to allow watercourse setback along the relocated portion of the Baxter-Border Ditch to be used to satisfy parkland dedication requirements. The subject property is located along the north side of Baxter Lane and the east side of Harper Puckett Road. Public hearing Mayor Krauss opened the public hearing. Contract Planner Lanette Windemaker presented the staff report. She noted the subject parcel is located northeast of the intersection of Baxter Lane and Harper Puckett Road, She pointed out that a dairy and the new school site are located to the north, with county residential development to the west. She indicated that the master plan for Baxter Meadows Subdivision calls for higher density development in the center, with lower density development along the west edge. The Contract Planner stated the applicant is requesting that the smaller lots in Phase IIC and Phase I be used to meet the requirements for providing restricted size lots in Phase III. This will allow the applicant to continue with the larger size lots along the western boundary that have been identified as desirable by the abutting county residents. She indicated that the Community Affordable Housing Advisory Board has reviewed this request and, based on the small size of the lots in Phase I, have recommended approval of the request and that the required percentage of restricted size lots be reduced from 10 percent to 7'lh percent. She indicated that if the restricted size lot requirement cannot be fully met through existing lots, then some restricted size lots will be required in this phase. Contract Planner Windemaker stated the applicant is also requesting that larger units be allowed on the smaller lots, and staff has recommended they be allowed to construct units of up to 1,575 square feet on the restricted size lots, which is consistent with prior Commission actions. Contract Planner Windemaker 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, subject to conditions. 02-06-06 -17- The Contract Planner indicated that the Recreation and Parks Advisory Board does not support the request to allow the watercourse setback to be counted toward parkland dedication requirements. She indicated that the Planning Board also suggested that the five lots adjacent to the parkland be removed, which would allow 85 percent of the park boundary to be bordered by streets rather than the 68 percent currently adjacent to the street. Responding to questions from Commissioner Kirchhoff, Planner Windemaker affirmed that the stream ditch is requested to be counted as part of the park. She further noted that there is still a good size piece of open land at the south end of the park that is not interrupted by the stream. Mr. Jason Leep, representing the applicant, noted this development is providing various housing types, and commented that Phase III has gone through a large change from its original design. He voiced concurrence with the staff report and the recommended conditions, except for the conditions pertaining to the parkland. He noted that when this subdivision was originally undertaken, there was a requirement for 50-percent street frontage, which has subsequently been changed to a 1 OO-percent frontage requirement. He then stated the Baxter-Border Ditch is located within the park area and questioned why the setbacks would not count toward the parkland dedication in that instance. He identified the other large areas of parkland dedication and open space within and adjacent to this subdivision and stated he does not believe this request would negatively impact the subdivision. Responding to Commissioner Becker, Mr. Leep indicated the lots adjacent to the parkland are approximately 10,000 square feet each. He asked that if those lots are to be removed and the additional area put into parkland, they be given credit for any surplus parkland in future phases. Responding to questions from Commissioner Jacobson, Mr. Leep affirmed that the watercourse is located within the park. No public comment was received. Since there were no Commissioner objections, Mayor Krauss closed the public hearing. Decision Commissioner Kirchhoff indicated that he agrees with staff's recommendation. He noted there was also a complete change in the western one-quarter of this development, and he supports this application. He stated, however, that he feels the five lots adjacent to the park should be removed. Mayor Krauss acknowledged that the Baxter Meadows Subdivision keeps coming back through the process; however, he feels the result is a development that is getting better and better. He realized that many of the improvements in the development have been the result of trading. He feels that the stream setback should be counted as parkland, and that they should be able to apply any excess in parkland dedication toward the next phase's requirements. He also agrees that the lots adjacent to the park need to be eliminated. Commissioner Becker noted the affordable housing policy. He asked how they would feel on taking the lead on developer driven affordable housing, and asked if the applicant would be willing to build five houses on five lots in a future phase and sell them for $175,000 each. Mr. Leep responded that they would be willing to do that in this later phase. He agreed that they would accept the deed restriction if required to do so. Commissioner Rupp agrees with the stream setback but is comfortable with leaving the lots adjacent to the park. He also expressed an interest in further pursuing Commissioner Becker's suggestion. Commissioner Kirchhoff acknowledged that finding a mechanism for providing affordable housing would be beneficial; however, he is against the notion of bartering for a relaxation. He does not support allowing any housing units adjacent to the park, particularly when the City is trying to create parks that are fronted by streets on all four sides to provide better access for the public. He is also concerned about the dangerous precedent that this action could set. 02-06-06 - 18- Commissioner Jacobson said the affordable housing policy has not yet been changed, and she does support taking a step now, on the fly, without first consciously setting the policy. Commissioner Rupp voiced his support for the Planning Board's recommendation. He then indicated he does not want to micro-manage each project as it comes through the process. Mayor Krauss voiced his discomfort with trying to add an affordable housing component to approval of this request. He noted that, in the long view, this is a project that came under a certain set of rules, and those rules have since been tweaked. He thinks they are trying to do something that is far superior to what was on the ground before. Commissioner Becker said that the Commission has been carrying the affordable housing issue backwards. There is an interest in providing affordable housing, and there is a lot of revenue for those five lots in the park. Commissioner Becker stated that RSLs don't work, and the community is not getting the housing stock it needs. Contract Planner Windemaker noted that, under the code, the applicant is allowed to provide off-site RSLs. It was moved by Commissioner Becker, seconded by Commissioner Kirchhoff, that Conditional Use Permit for Baxter Meadows Subdivision, Phase III, Planned Unit Development, as requested by Baxter Meadows West LLC and Geske Properties, LLC, under Application No. Z-05266, to allow a neo-traditional multi-use development with single household residential use on 83 acres described as Lots 1 and 2, Block 7, Baxter Meadows Subdivision PUD, Phase I, and Tract 1 A, Amended Plat of Baxter Meadows Subdivision PUD, Phase I, Tract 1, with relaxations from Section 18.42.180.C of the Bozeman Municipal Code, to allow a residential subdivision to have less than the minimum of 10 percent of the net buildable acreage dedicated to restricted size. lots (RSLs); from Section 18.16.040, to allow restricted size lots in Phase III to have a minimum lot width of 45 feet; and from Section 18.50.070, to allow watercourse setback along the relocated portion of the Baxter-Border Ditch to be used to satisfy parkland dedication requirements, be approved subject to the following conditions: 1. The subdivider shall ensure that a minimum of 10 percent of the net buildable acreage is dedicated to restricted size lots (RSLs). For RSLs provided off-site in Baxter Meadows Phases 1 and 2C, the subdivider may provide for those smaller lot RSLs at a minimum ratio of 5,000 square feet required to 3,750 square feet provided achieving a minimum of 7.5 percent of the net buildable acreage. 2. The total floor area of the dwelling unit built on a lot in Phases 1 and 2C subject to the provisions of Section 18.42.180, Provision of Affordable Housing, (excluding area used for a garage) shall not exceed 1,575 square feet. 3. Restricted size lots (RSLs) in Phase 3 may have a minimum lot with of 45 feet. 4. The watercourse setback along the relocated (eastern) portion of the Baxter-Border Ditch shall be used to satisfy park land dedication requirements. 5. The stream corridor and associated wetlands along the relocated (eastern) portion of the Baxter-Border Ditch within the dedicated parkland may be considered critical wildlife habitat or natural resources and used to satisfy park land dedication requirements. 6. The developer shall landscape the open space in accordance with a landscaping plan which meets or exceed the standards of Chapter 18.48. 7. RSL lots should be clustered, rather than lining a street, and there should be no more than five RSL lots adjacent to each other without a non-RSL lot or open space corridor separating the clusters. 02-06-06 -19- 8. Block 16 may have a block length of less than 300 feet due to impractibility and a block width of less than 200 feet to overcome specific disadvantages of orientation. 9. The five lots along the south side of Equestrian Lane and the west side of Riata Road shall be eliminated to provide additional park frontage. 10. The lots along Baxter Lane and Harper Puckett Road shall have double-front architectural features facing those roads as found on the front of the dwellings units, for example; covered porches, varied roof lines, multiple facade materials, varied facade plane, decorative lighting, and fences located in the yard setbacks shall not exceed a maximum height of 4 feet and shall be of an open construction. These architectural requirements shall be addressed and demonstrated in the covenants/development guidelines. 11. Fences located in the side or rear yard setback of properties adjacent to any park or open space shall not exceed a maximum height of 4 feet, and shall be of an open construction. This requirement shall be addressed and demonstrated in the covenants/development guidelines. 12. The development guidelines shall include thumbnail sketches to demonstrate architectural requirements. 13. The owner shall executed and submit the following documents prior to final plan approval: a. A certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions per Section 18.34.130.B. b. A statement of intent to construct according to the final site plan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance per Section 18.34.130.C. c. A certification that it is their intent to comply with the requirements of the Bozeman Municipal Code and any conditions considered necessary by the approval body. 14. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure pursuant to Section 18.34.1 00.C.1 of the Bozeman Unified Development Ordinance. 15. That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use pursuant to Section 18.34.100.C.2 of the Bozeman Unified Development Ordinance. 16. The final site plan shall comply with the standards identified and referenced in the Unified Development Ordinance. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 02-06-06 - 20- The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Jacobson, and Mayor Krauss. Those voting No being Commissioner Becker and Commissioner Rupp. Extension of meetina Mayor Krauss extended the meeting past 10:00 p.m., pursuant to Rule 1I1.A.2 of the Rules of Procedure. Preliminarv olat for Baxter Meadows Subdivision. Phase III - subdivide 83 acres located northeast of intersection of Baxter Lane and Haroer Puckett Road into 129 to 150 lots for a neo-traditional multi-use develooment with sinale household residential use. with relaxations to (1) allow residential subdivision to have less than minimum of 10 oercent net buildable acreaae dedicated to RSLs: (2) to allow RSL lots in Phase III to have minimum lot width of 45 feet: and (3) allow watercourse setback along relocated oortion of Baxter-Border Ditch to be used to satisfy oarkland dedication reauirements - Baxter Meadows West LLC and Geske Prooerties. LLC (P-05065) This was the time and place set for the public hearing on the preliminary plat for Baxter Meadows Subdivision, Phase III, as requested by Baxter Meadows West LLC and Geske Properties LLC, under Application No. P-05065, to subdivide 83 acres described as Lots 1 and 2, Block 7, Baxter Meadows Subdivision PUD, Phase I, and Tract 1 A, Amended Plat of Baxter Meadows Subdivision PUD, Phase I, Tract 1, into 129 to 150 lots for a neo-traditional multi-use development with single-household residential use, with relaxations from Section 18.42.180.C of the Bozeman Municipal Code, to allow a residential subdivision to have less than the minimum of 10 percent of the net buildable acreage dedicated to restricted size lots (RSLs); from Section 18.16.040, to allow restricted size lots in Phase III to have a minimum lot width of 45 feet; and from Section 18.50.070, to allow watercourse setback along the relocated portion of the Baxter- Border Ditch to be used to satisfy parkland dedication requirements. The subject property is located along the north side of Baxter Lane and the east side of Harper Puckett Road. Public hearing Mayor Krauss opened the public hearing. Contract Planner Lanette Windemaker presented the staff report. She noted that the plat is for 129 single-family residential lots in the western portion of the Baxter Meadows Subdivision. She reminded the Commissioners that in the previous action, they removed five of the proposed lots and, if they so choose, they could allow those lots to be added elsewhere in the subdivision, as long as they are not within the open space areas. She reviewed the configuration of the proposed lots and noted that a portion of the proposed subdivision along the northern boundary must be removed since it has subsequently been sold as part of the new school site. The Contract Planner stated that staff has reviewed this application in light of the applicable criteria, and staffs comprehensive findings are contained in the written staff report. Based on those findings, staff has forwarded a recommendation for approval, subject to conditions. She reminded the Commission of the revisions to the conditions in the previous agenda item and asked that they be included in this agenda items as well. Mr. Jason Leep, representing the applicant, noted that allowing the five lots to be added back intot he subdivision will reduce the size of some of the lots, but they will be added in a manner that does not negatively impact the western edge of the property. No public comment was received. Mayor Krauss closed the public hearing. Decision It was moved by Commissioner Kirchhoff, seconded by Commissioner Jacobson, that the preliminary plat for Baxter Meadows Subdivision, Phase III, as requested by Baxter Meadows West LLC 02-06-06 - 21 - and Geske Properties LLC, under Application No. P-05065. to subdivide 83 acres described as Lots 1 and 2, Block 7, Baxter Meadows Subdivision PUD. Phase I, and Tract 1A, Amended Plat of Baxter Meadows Subdivision PUD, Phase I, Tract 1, into 129 to 150 lots for a neo-traditional multi-use development with single-household residential use, with relaxations from Section 18.42.180.C of the Bozeman Municipal Code, to allow a residential subdivision to have less than the minimum of 10 percent of the net buildable acreage dedicated to restricted size lots (RSLs); from Section 18.16.040, to allow restricted size lots in Phase III to have a minimum lot width of 45 feet; and from Section 18.50.070, to allow watercourse setback along the relocated portion of the Baxter-Border Ditch to be used to satisfy parkland dedication requirements, be approved subject to the following conditions: 1. The subdivider shall ensure that a minimum of 10 percent of the net buildable acreage is dedicated to restricted size lots (RSLs). For RSLs provided off-site in Baxter Meadows Phases 1 and 2C, the subdivider may provide for those smaller lot RSLs at a minimum ratio of 5,000 square feet required to 3,750 square feet provided achieving a minimum of 7.5 percent of the net buildable acreage. 2. The total floor area of the dwelling unit built on a lot in Phases 1 and 2C sUbject to the provisions of Section 18.42.180, Provision of Affordable Housing, (excluding area used for a garage) shall not exceed 1,575 square feet. 3. Restricted size lots (RSLs) in Phase 3 may have a minimum lot with of 45 feet. 4. The watercourse setback along the relocated (eastern) portion of the Baxter-Border Ditch shall be used to satisfy park land dedication requirements. 5. The stream corridor and associated wetlands along the relocated (eastern) portion of the Baxter-Border Ditch within the dedicated parkland may be considered critical wildlife habitat or natural resources and used to satisfy park land dedication requirements. 6. Block 16 may have a block length of less than 300 feet due to impractibility and a block width of less than 200 feet to overcome specific disadvantages of orientation. 7. The number of lots in this subdivision may increase from 129 lots up to 150 lots to meet the requirement for restricted size lots (RSLs) pursuant to Section 18.42.180. 8. Street trees in the boulevards adjacent to the mid-block trail crossings shall be eliminated. 9. The five lots along the south side of Equestrian Lane and the west side of Riata Road shall be eliminated to provide additional park frontage. 10. The final park plan shall: a. Be to a scale of 1-inch equals 20 feet but not less than 1-inch equals 100 feet. b. Ensure that bridges have a minimum width of 36 inches. c. Provide a trail system map/signage at the parking lot. d. Contain the appropriate sections from the "Design Guidelines for City of Bozeman Parks." 11. Sidewalks along park land shall be constructed to a six foot width to accommodate snow removal equipment. 12. The park shall be titled "Public Park." The open space shall be titled "Open Space, Public Access." Notes shall be included on the plat describing ownership and maintenance responsibility for both the park and open space, e.g., public park, dedicated to the city and maintained by the homeowners association; and open 02-06-06 - 22- space, public access, owned by the landowners, maintained by the homeowners association, etc. 13. Subdivision lighting SILD information shall be submitted to the City Clerk directly after preliminary plat approval in hard copy and digital form. The final plat will not be deemed complete until the resolution to create the SILD has been approved by the City Commission. 14. Water rights, or cash-in-Iieu thereof, as calculated by the Director of Public Service, is due with the final plat. 15. The final plat shall contain the following language on the plat, placing future landowners of individual lots on notice of the presence of high groundwater in the area of the subdivision: "Due to relatively high ground water table within the areas of the subdivision, it is not recommended that residential dwellings with full basements be constructed without first consulting a professional engineer. If daylight basements are incorporated in the construction of residential dwellings, they should not have a depth greater than three (3) feet below the top of the curb or crown of the street from which it is served." 16. The final plat shall comply with the standards identified and referenced in the Unified Development Ordinance. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed as conditions of approval, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 17. Stormwater Master Plan: 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 basin location, show location of 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 site, drainage ways and finished lot grades), typical stormwater detention/retention basin and discharge structure details, basin sizing calculations and a stormwater maintenance plan. Any stormwater ponds located within a park or open space shall be designed and constructed to be conducive to the normal use and maintenance of the open space. Stormwater ponds for runoff generated by the subdivision (e.g., general lot runoff, public or private streets, common open space, parks, etc.) shall not be located on easements within privately owned lots. While the runoff from the individual lots will be dependent on the intensity of use on each lot, the maximum Sizing of the storm retention facilities for each lot will be established based on maximum site development. Final facility sizing may be reviewed and reduced during design review of the final site plan for each lot. 18. Plans and specifications and a detailed design report for water and sewer main extensions, storm sewer and the public street, prepared by a professional engineer, shall be provided to and approved by the City Engineer and the Montana Department of Environmental Quality. The Applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the 02-06-06 - 23- public infrastructure improvements until the plans and specifications have been approved and a pre-construction conference has been conducted. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless all of the requirements of section 18.74.030.0 are met to allow for concurrent construction. 19. All infrastructure improvements including 1 ) water and sewer main extensions, and 2) public streets, curb/gutter, sidewalks fronting parks, open space, rear yard frontages or other non-lot frontages, and related storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to final plat approval. 20. The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted as proposed. City standard residential sidewalks shall be constructed on all public street frontages of a property prior to occupancy of any structure on the property. Upon the third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed said sidewalk shall, without further notice, construct within 30 days said sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot. This condition shall be included on the plat and in the covenants for the subdivision. 21. The Montana Fish, Wildlife and Parks, SCS, 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 final plat approval. 22. Ditch relocation: a. The Montana Fish, Wildlife and Parks shall be contacted by the applicant regarding the proposed relocation and any required permits (Le., 310, 404, turbidity exemption, etc.) shall be obtained prior to final plat approval. b. The applicant shall comply with all parts of section 18.42.060.D for any ditch relocation. c. An easement shall be granted on the plat for the relocated irrigation ditch, and the existing easements vacated. 23. Easements for the water and sewer main extensions shall be a minimum of 30 feet in width, with the utility located in the center of the easement. In no case shall the utility be less than 10 feet from the edge of easement. 24. Project phasing shall be clearly defined including installation of infrastructure. 25. 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. 26. 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 shan be the responsibility of the applicant to ensure that the construction traffic follows the approved routes. 27. 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 02-06-06 - 24- 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. 28. Flanders Mill Road shall be paved to a 24-foot-wide county road section from the end of the existing asphalt north of Durston Road to Baxter Lane provided the 24 feet of asphalt can be centered in the existing right of way without necessitating relocation of the ditch. If it cannot be done, the same limits of road shall be overlaid with 4 inches of asphalt millings, treated with Reclamite, and chip sealed. 29. All improvements needed to provide adequate level of service for the analyzed intersections must be installed with the project. This will require approval from the Montana Department of Transportation for the required geometric improvements to the intersection of North 19th Avenue and West Oak Street. 30. The east half of Harper Puckett Road shall be improved to the 5-Lane Principal Arterial standard as shown in the Transportation Plan along the entire frontage of the subdivision. The required right of way dedication for Harper Puckett is 60 feet. 31. The north half of Baxter Lane shall be improved to the 2-Lane Minor Arterial standard along the entire frontage of the subdivision. The required right of way dedication for Baxter is 50 feet. 32. The west half of Davis Lane/Fowler Avenue shall be improved to the 5-Lane, 71 feet back of curb to back of curb Minor Arterial standard from Baxter to Oak. The required easement for Fowler Avenue/Davis Lane is 50 feet. 33. The sidewalks adjacent to Harper Puckett Road, Baxter Lane, and Davis Lane/Fowler Avenue shall be 6 feet wide, and shall be installed at the time the street improvements are done. 34. A 1-foot No Access Strip shall be shown on the plat along the entire frontage of Harper Puckett Road and Baxter Lane. 35. The water mains in Equestrian Drive and Kimberwicke shall be extended to the center median in Harper Puckett Road for future looping purposes. 36. The City of Bozeman design standards require a minimum of 6 inches of crushed base course. One of the alternative sections in the geotech report only calls for 5 inches. Revise accordingly. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Jacobson, Commissioner Becker, and Mayor Krauss; those voting No being Commissioner Rupp. Aooointment of Harold Frvslie to reDlace John Trull on the Local Government Studv Commission. effective immediatelv Mayor Krauss noted that he had requested that this item be removed from the consent agenda in light of the e-mail distributed just prior to the meeting indicating Dawn Smith's interest in serving on the Local Government Study Commission. He suggested that the Commission may either appoint a replacement at this meeting or advertise the vacancy and make the appointment in two weeks. It was moved by Commissioner Becker, seconded by Commissioner Rupp, that Harold Fryslie be appointed to replace John Trull on the Local Government Study Commission, effective immediately. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Becker, Commissioner Rupp, Commissioner Kirchhoff, Commissioner Jacobson, and Mayor Krauss; those voting No, none. 02-06-06 - 25- Aooointments to boards and commissions: (a) City Plannlna Board (1 mavoral and 1 County aooointee): (b) Bozeman Area Bicvcle Advisorv Board: (c) Desian Review Board: (d) Downtown Bozeman ImDrovement District Board (lDB): (el Recreation and Parks Advisorv Board: (f) Senior Citizens' Advisorv Board: (a) Yellowstone Country Tourism Board: and (h) Zonina Commission Included in the Commissioners' packets was a listing of the applications for the vacancies on the various boards and commissions. City Planning Board. Mayor Krauss appointed Erik Henyon as his fourth Mayoral appointee to the City Planning Board, and confirmed Mike Hope's appointment as the County representative, both with terms to expire on January 31, 2007. Bozeman Area Bicycle Advisory Board. It was moved by Commissioner Rupp, seconded by Commissioner Kirchhoff, that Chad Bailey be appointed to replace Cort Felts with a term to expire on December 31, 2008. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rupp, Commissioner Kirchhoff, Commissioner Jacobson, Commissioner Becker, and Mayor Krauss; those voting No,none. Design Review Board. It was moved by Commissioner Becker, seconded by Commissioner Kirchhoff, that Chris Livingston be appointed to replace Randy Carpenter as a non-professional member on the Design Review Board, with an initial term to expire on June 30,2007. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Becker, Commissioner Kirchhoff, Commissioner Jacobson, Commissioner Rupp, and Mayor Krauss; those voting No, none. Downtown Bozeman Improvement District Board (lOB). City Clerk Sullivan drew attention to the memo from Paul Reichert, Executive Director of the Downtown Bozeman Partnership, requesting that appointments to this board be delayed to give the board an opportunity to possibly propose revisions to its structure. Recreation and Parks Advisory Board. It was moved by Commissioner Rupp, seconded by Commissioner Kirchhoff, that Ted Koterwas be appointed to replace John Harper with an initial term to expire on December 31, 2008. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rupp, Commissioner Kirchhoff, Commissioner Jacobson, Commissioner Becker, and Mayor Krauss; those voting No, none. Senior Citizens' Advisory Board. It was moved by Commissioner Rupp, seconded by Commissioner Kirchhoff, that Gretchen Kruesi be appointed to replace Sue Henning, with a term to expire on December 31, 2007. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rupp, Commissioner Becker, Commissioner Jacobson, Commissioner Kirchhoff, and Mayor Krauss; those voting No, none. Yellowstone Country Tourism Board. It was moved by Commissioner Becker, seconded by Commissioner Jacobson, that William Hilsendeger be appointed to replace Cindy Andrus as the City's representative on the Yellowstone Country Tourism board, with an initial term to expire on April 30, 2007. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Becker, Commissioner Jacobson, Commissioner Kirchhoff, Commissioner Rupp, and Mayor Krauss; those voting No, none. Zoning Commission. Commissioner Becker noted that he talked to Ms. Kruesi about the possibility of serving on the Zoning Commission rather than the Planning Board; and she has declined the opportunity. In light of that information, the Commission postponed the appointment. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1) Copy of the Development Manual for Bozeman Gateway, along with a comparison summary, for Commission review. 02-06-06 - 26- (2) Copy of a news release announcing that AMR ambulance service in Bozeman has been awarded Operation of the Year for the Rocky Mountain and Plains Division of American Medical Response (AMR). (3) Letter of resignation from the Beautification Advisory Board, as submitted by Shauna Deckert (Gonzalez). (4) Updated listings of planning projects to be considered at upcoming meetings, dated January 30 and February 6. (5) Copy of a memo from Director of Public Service Debbie Arkell to Engineering Assistant Andy Kerr regarding the results of the speed study on Baxter Lane. (6) Copy of a letter frm the Montana Department of Commerce providing an update on the HOME Program. (7) Copy of a notice for the North 7th Avenue Community Workshop, scheduled for 7:00 p.m. on Wednesday, February 15, in the Commission Room. (8) Copy of a notice for a neighborhood meeting to be held at 7:00 p.m. on Wednesday, February 8, at the Longfellow School. (9) Letter from New World WindPower, along with an article from the September 2005 edition of The Northern Light, regarding the potential of wind powered electricity generation. (10) Copy of an urgent news release to all radio stations regarding the down power line across Highland Boulevard on Wednesday afternoon. (11) Agenda and information sheet for the public scoping meeting on the North Rouse Avenue corridor improvements which was held on January 25, 2006. (12) Minutes from the December 22 meeting of the City-County Health Board meeting. (13) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, February 7, at the Courthouse. (14) Agenda for the Planning Board meeting to be held at 7:00 p.m. on Tuesday, February 7, at the Courthouse. (15) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Wednesday, February 8, at the Professional Building. (16) Agenda for the Design Review Board meeting to be held at 5:30 p.m. on Wednesday, February 8, at the Professional Building. (17) Agenda for the Cemetery Board meeting to be held at 1 :00 p.m. on Thursday, February 9, in the Conference Room. (18) Assistant City Manager Ron Brey drew attention to the new information pamphlets on the specifications for trash and garbage enclosures. (19) The City Manager submitted the following. (1) Stated that he has provided background information to Barbara Rusmore in preparation for herfacilitating next Monday's work session. (2) Reported that televising of the meetings is caught up in the bureaucracy of preparing an interlocal agreement between the City and the county. He noted that Bresnan has all of the equipment and is prepared to begin installation as soon as it is given the permission to do so. (3) Informed the Commission of two City Hall employees who have recently developed severe health problems, resulting in staffing shortages in those departments. 02-06-06 - 27- (20) City Clerk Sullivan reminded the Commissioners of the March 17th breakfast meeting with the County Commission. She indicated the meeting will be held at 7:00 a.m., with the location yet to be determined. (20) Planning Director Epple submitted the following. (1) Handed out the report from the 2005 staff retreat. (2) Announced that Associate Planner Jami Morris has submitted her resignation. (21) Mayor Krauss said he is appreciative of the new staff reports, but asked that the conditions be more easily accessible, possibly on the front page along with the outstanding issues. (21) Commissioner Becker submitted the following. (1) Noted there is not a requirement for submittal of final reports in digital format in the City's contracts with consultants. (2) Expressed concern about the 250 hours in the contract with Winter and Company for a community meeting in Bozeman. Assistant City Manager Brey said this figure includes the time on the ground in Bozeman, all people involved, and all traveling time. He noted that in this instance, the City is working with a consultant that has been involved in two previous projects, but acknowledged that inclusion of a breakdown in hours in future contracts may be appropriate. (22) Commissioner Jacobson said that her computer is down once again and that people should use her personal e-mail address rather than her City address. Adiournment .10:32 o.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Becker, seconded by Commissioner Kirchhoff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Becker, Commissioner Kirchhoff, Commissioner Jacobson, Commissioner Rupp, and Mayor Krauss; those voting No, none. ~ut:~~ ATTEST: JEFF Y K U, Mayor (?~L.i~ City Clerk PREPARED BY: ~:z(~ Deputy City Clerk 02-06-06 - ----------