Loading...
HomeMy WebLinkAbout2006-01-23 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN,MONTANA January 23, 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, January 23,2006, 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. Due to overscheduling of the Community Room, the Commission meeting was relocated to the Commission Room, Municipal Building, 411 East Main Street; and Mayor Krauss called the meeting to order at 6:23 p.m. The meeting was opened with the Pledge of Allegiance and a moment of silence. Minutes - August 1. AU9ust 15. SeDtember 6. SeDtember 12. December 5. and December 12. 2005. and January 17. 2006 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 Item. Claims It was moved by Commissioner Becker, seconded by Commissioner Rupp, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Becker, Commissioner Rupp, Commissioner Kirchhoff, Commissioner Jacobson, and Mayor Krauss; those voting No, none. Executive Session re Iitiaation strateav At 6:25 p.m., Mayor Krauss announced that, pursuant to Section 2-3-203(4), Montana Code Annotated, the Montana Constitution and the Montana Supreme Court rulings, he, as presiding officer, has determined that discussing the strategy to be followed with respect to these litigation issues in open session would be detrimental to the City's litigating position. He then called an executive session for the purpose of discussing litigation strategies and requested that all persons except the Commissioners, City Manager, Assistant City Manager, City Attorney, Director of Public Safety-Police, Planning Director, Staff Attorney and the City Clerk leave the room. At 7:00 p.m., Mayor Krauss closed the executive session and reconvened the open meeting. Public comment Ms. Mary Vant Hull, 416 East Story Street, drew attention to an article on Page 3 of today's Bozeman Daily Chronicle regarding the dinosaur playground to be constructed at the 100-acre regional park. She noted that this playground was designed by a consulting firm in conjunction with hundreds of local school 01-23-06 - 2 - children. She noted that public meetings are scheduled for this Wednesday and Thursday evenings and encouraged the Commissioners to attend if possible. Growth Policy Amendment - chanae arowth Dolicy land use desianation on 12.0 acres aenerallY located north of Commercial Drive and west of BoYlan Road from "Industrial" to "Residential" - C&H EnaineerinQ and Surveyina for Roberta Moche (P-05067) This was the time and place set for the pUblic hearing on the Growth Policy Amendment requested by C&H Engineering and Surveying for Roberta Moche under Application No. P-05067, to change the growth policy land use designation on 12.0 acres described as Certificate of Survey No. 885 from "Industrial" to "Residential". The subject property is generally located north of Commercial Drive and southwest of Boylan Road. Distributed just prior to the meeting was a letter from the Sacajawea Audobon Society expressing concern about the possibility of losing riparian habitat. Public hearing Mayor Krauss opened the public hearing. Senior Planner Jody Sanford presented the staff report. She reviewed the surrounding zoning designations and land uses, which range from industrial to residential to a recreational area and golf course. She noted the subject property lies outside city limits at this time and, if this growth policy amendment is approved, she anticipates the property owner will proceed with applications for annexation and zoning. The Senior Planner drew attention to a map of the site, showing the riparian area and those portions of the site containing hydric soils. She indicated that the FEMA maps do not show any 1 OO-year floodplain areas on the site; however, she suggested that further investigation will be necessary prior to any development because of the presence of hydric soils and the fact that the water table is 0 to 6 feet below the surface. She identified the concerns that have been raised in pUblic testimony, including access, critical lands, and impacts on and compatibility with adjacent land uses. Senior Planner Sanford stated that staff has reviewed this application in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. Based on those findings, staff recommended approval; however, the Planning Board has forwarded a recommendation of denial. Mr. Matt Cotterman, consulting engineer representing the applicant, indicated a willingness to respond to questions. Ms. Janice Brown, 1045 Boylan Road, stated her property lies across from the SUbject property and noted she is speaking on behalf of the Bridger Creek Subdivision homeowners' association. She noted that the association supports its own private park and green space adjacent to this subject property and has the right to deny access to Ms. Moche. She indicated that the residents in this subdivision have expressed a willingness to assist the Gallatin Valley Land Trust in fundraising efforts to obtain this parcel as an addition to the recreation area, and suggested that it may be eligible for open lands monies. Mr. Ted Lang, Gallatin Valley Land Trust, stated he negotiated with the previous owner and has talked to the current owner of this property. He noted that the landowner has indicated no interest in negotiations; however, he cautioned it may will be difficult to develop this property. He suggested this property could be a great addition to the recreation area, thus protecting the wildlife, bird, and riparian habitat and other sensitive areas on the site. Mr. Cotterman recognized the sensitive areas of the property, and the fact that a significant portion of the site is not eligible for development. Since there were no Commissioner objections, Mayor Krauss closed the public hearing. 01-23-06 - 3 - Decision Commissioner Kirchhoff indicated his concurrence with the findings of the Planning Board. Commissioner Becker stated he does not believe the criteria have been met and, as a result, cannot support the application. Mayor Krauss stated that he, too, supports the Planning Board's recommendation, stating he feels that a BP zoning designation would comply with the land use designation. He acknowledged that the City cannot forbid development except in certain places where it has been determined inappropriate; however, it can provide guidelines. He then stated he feels residential development with limited access is more appropriate than a more intensive use. Responding to Commissioner Jacobson, Senior Planner Sanford stated that the property is currently zoned AS in the county and, under that designation, one single-household unit could be constructed on the site. It was moved by Commissioner Rupp, seconded by Commissioner Kirchhoff, that the Growth Policy Amendment requested by C&H Engineering and Surveying for Roberta Moche under Application No. P-05067, to change the growth policy land use designation on 12.0 acres described as Certificate of Survey No. 885 from "Industrial" to "Residential", be approved subject to the following conditions: 1. The applicant shall submit, within forty-five (45) days of approval by the City Commission, an 8~- by 11-inch or 8~- by 14-inch exhibit entitled "Moche Growth Policy Amendment" to the Planning Department containing an accurate description of the property for which the growth policy designation is being amended. The exhibit must be acceptable to the Planning Department. 2. The resolution for the growth policy amendment shall not be drafted until the applicant provides an exhibit of the area to be redesignated, which will be utilized in the preparation of the resolution to officially amend the Future Land Use Map of the Bozeman 2020 Community Plan. The motion failed by the following Aye and No vote: those voting Aye, none; those voting No being Commissioner Rupp, Commissioner Kirchhoff, Commissioner Jacobson, Commissioner Becker, and Mayor Krauss; those voting No, none. Zone MaD Amendment - amend zonina designation from "R-S". Residential-Suburban. to "R-2" , Residential- Two-household. Medium-density, on 0.662 acre located at 1705 West Kaay Boulevard - Terri MurohY for Northwood Land and Liyestock COmDany (Z-05265) This was the time and place set for the public hearing on the Zone Map Amendment requested by Terri Murphy for Northwood Land and Livestock Company under Z -05265, to change the zoning designation from "R-S", Residential-Suburban, to "R-2", Residential- Two-household, Medium-density, on an 0.662-acre parcel described as Tract B, Certificate of Survey No. 573. The subject property is located at 1705 West Kagy Boulevard. Public hearing Mayor Krauss opened the public hearing. Senior Planner Jody Sanford presented the staff report. She noted that the subject property lies within city limits and currently houses The Children's Place, a daycare center. She noted that the daycare center is currently operating under a special temporary use permit, awaiting the processing of this zone map amendment and a conditional use permit application. The Senior Planner stated that staff has reviewed this application in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. Based on those findings, staff has forwarded a recommendation for approval; and the Zoning Commission has concurred with that recommendation. 01-23-06 - 4 - The applicant was not present, and there was no public testimony in support of or in opposition to this application. Since there were no Commissioner objections, Mayor Krauss closed the public hearing. Decision Responding to Commissioner Jacobson, the Senior Planner stated that this use must go through the conditional use process under either zoning designation. She then noted the applicant is trying to negotiate a deal with the church to the west to lease some of their parking spaces to meet the parking requirements for this use. It was moved by Commissioner Kirchhoff, seconded by Commissioner Jacobson, that the Zone Map Amendment requested by Terri Murphy for Northwood Land and Livestock Company under Z-05265, to change the zoning designation from "R-S", Residential-Suburban, to "R-2", Residential- Two-household, Medium-density, on an 0.662-acre parcel described as Tract B, Certificate of Survey No. 573, be approved subject to the following conditions: 1. The applicant shall submit a zone amendment map to the Department of Planning and Community Development, titled "The Children's Place Zone Map Amendment," within 45 days of approval by the City Commission on: 1) a 24-inch by 36-inch mylar; 2) an 8~-inch by 11- or 14-inch paper exhibit; and 3) a digital copy of the area to be rezoned. Said map shall contain the metes and bounds legal description, description of the boundaries of each specific zoning designation, total acreage of the property, acreage of each specific zoning designation, and adjoining rights-of-way andlor street access easements, as certified by a licensed Montana surveyor and acceptable to the Director of Public Service. A one-time extension of 45 days may be granted by the Planning Director. The zoning change must extend to the centerline of all adjacent rights-of-way. 2. The ordinance for the Zone Map Amendment shall not be drafted until the applicant provides a metes and bounds legal description and a map of the area to be re- zoned, which will be utilized in the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map. 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. Site Plan and Certificate of ADDroDriateness to allow construction of two-stOry. sinale-household dwellina with detached one..storv aaraae. with deviations from Section 18.38.060. Bozeman MuniciDal Code. to allow second floor bumD out to encroach into reauired front yard setback and from Section18.16.040. to allow dwellina to be constructed on lot with less than reauired lot area- Blake Maxwell. 522 North Willson Avenue (Z-05286) This was the time and place set for the public hearing on the Site Plan and Certificate of Appropriateness requested by Blake Maxwell under Application No. Z -05286, to allow construction of a two- story single-household dwelling with detached one-story garage on the north 5.8 feet of Lot 21 and the west 8.5 feet of Lots 21, 22, 23 and 24, Block 1, Beall's Third Addition, with deviations from Section 18.38.060 of the Bozeman Municipal Code, to allow the second-floor bump out to encroach 2 feet into the required 20- foot front yard setback, and from Section 18.16.040, to allow the dwelling to be constructed on a lot with less than the required lot size. The subject property is located at 522 North Willson Avenue. Included in the Commissioners' packets was a letter from Tom Baker, 508 North Willson Avenue, expressing concern that the basement of the existing house is a rental unit and asking that the Commission not approve a plan that does not fall completely within the zoning regulations. 01-23-06 -5- Public hearing Mayor Krauss opened the public hearing. Historic Preservation Planner Allyson Bristor presented the staff report. She stated the applicant has chosen not to proceed with his initial proposal to subdivide the lot; as a result, the second deviation, to allow the dwelling to be constructed on a lot less than the required lot size, is no longer needed. The Historic Preservation Planner gave an overview of the project, noting the applicant proposes to construct a two-story dwelling plus two one-story, one-car garages on a lot that currently contains a duplex. She indicated that one of the recommended conditions for approval of this application is that the basement apartment must be eliminated by removing the entire kitchen unit and converting it back into a part of the main dwelling. She indicated that the average setback from West Peach Street is 15 feet, and the applicant is requesting a deviation that would allow the second story bump-out to be constructed on essentially the same setback. She concluded by showing the subject parcel and adjacent properties with an image of the proposed new house juxtaposed into it. The Historic Preservation Planner stated that staff has reviewed this application in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. Based on those findings, staff has forwarded a recommendation for approval, subject to several conditions. She also reference the public comment that has been received to date. Responding to Commissioner Jacobson, the Historic Preservation Planner stated the subject lot contains over 10,000 square feet; and a 5,OOO-square-foot lot is required for a single-household residence. She then indicated the existing house fronts on North Willson Avenue while the new house is to front on West Peach Street. She indicated that, if the applicant chooses to subdivide at a later date, the lot is large enough to allow that subdivision without any deviations. She noted there is no intent to demolish the existing structure at this time. Responding to questions from the Commission, the Historic Preservation Planner stated that subdivision of the lot can be requested either before or after plans for construction of a second dwelling unit; the applicant has chosen to pursue this application for construction first. She then indicated that the proposed new unit complies with the code requirements for lot coverage. Mr. Blake Maxwell, applicant, indicated his concurrence with the staff report and a willingness to respond to questions. Ms. Cora Hoadley, owner of the property at 516 North Willson Avenue, expressed concern about the height of the proposed new house and the views that it would block. She also noted the appearance of two lean-to garages bother her. Responding to Commissioner Becker, the Historic Preservation Planner stated that the code allows a height of up to 42 feet with the roof pitch proposed; and the applicant is proposing a 29-foot-high structure. She acknowledged that the Peach Street corridor does not have an obvious pattern in height and, as a result, staff is flexible on that issue. In response to questions from Commissioner Rupp, Mr. Maxwell distributed copies of a map showing the two-story homes in the general area. He then acknowledged that, if the Commission wishes, it may approve the application with a lower height requirement. Commissioner Jacobson stated she feels the proposed structure would not fit with the existing neighborhood, particularly with the roof pitch shown in the renderings. She then asked if the roofline can be changed without destroying the home and its objectives. Mr. Edwin Engler, designer, stated the proposed house is more in keeping with the original tradition of 12: 12 pitch roofs found in the two-story farmhouses that existed prior to the one-story residence pattern that came to the neighborhood. He indicated that the home as proposed will contain 1,565 square feet, using every foot of upstairs space. He cautioned that lowering the pitch of the room will adversely impact the ability to use all of the space on the second floor. 01-23-06 -6- Further responding to Commissioner Jacobson, Mr. Engler stated there is not enough square footage in the new structure to turn it into a duplex. Responding to Commissioner Rupp, Mr. Maxwell stated that with removal of the basement kitchen, the house will contain 1,700 square feet, with a bedroom and a family room in the basement. Further responding to Commissioner Rupp, Mr. Maxwell expressed concern about whether constructing a one-story dwelling on the site would be feasible. Since there were no Commissioner objections, Mayor Krauss closed the public hearing. Decision Commissioner Becker acknowledged that the proposed design meets the requirements of the zone code and provides for infill development. He characterized it as simple and efficient and does not believe it would have an adverse impact on the neighborhood. Commissioner Kirchhoff stated he is not concerned about the height of the structure or the lot coverage. He finds it well designed and believes it responds well to the growth policy and harkens back to the classic farmhouse. Mayor Krauss stated he cannot support the application, stating he feels the two-story residence will impact neighborhood streets and the adjacent properties. He noted that there is no evidence that a two- story home has ever existed on the subject site, and questioned how it can now be determined to be historic. He noted that the height combined with encroachment into the setback along West Peach Street will result in a fairly commanding presence that is not compatible with the rest of the corridor. Commissioner Jacobson stated she does not believe this proposed structure fits the character of the neighborhood. It was moved by Commissioner Jacobson, seconded by Commissioner Becker, that the Site Plan and Certificate of Appropriateness requested by Blake Maxwell under Application No. Z-05286, to allow construction of a two-story single-household dwelling with detached one-story garage on the north 5.8 feet of Lot 21 and the west 8.5 feet of Lots 21, 22, 23 and 24, Block 1, Beall's Third Addition, with deviations from Section 18.38.060 of the Bozeman Municipal Code, to allow the second-floor bump out to encroach 2 feet into the required 20-foot front yard setback, and from Section 18.16.040, to allow the dwelling to be constructed on a lot with less than the required lot size, be approved subject to the following conditions: 1. Prior to issuance of any type of building permit (including Demolition Permits), and prior to final site plan approval, the applicant shall remove the entire kitchen unit in the basement of the existing duplex. Once the entire kitchen is removed, the applicant is required to schedule an inspection with Vicki Hasler, Bozeman's Code Enforcement Officer, by calling her at 406-582-2260. 2. Prior to final site plan approval, the applicant shall provide a modified site plan showing the location of the new property line proposed with future subdivision of the lot. Each lot created by subdivision shall be a minimum of 5,000 square feet (with the understanding that the existing duplex on the lot shall provide its required 20-foot rear yard setback to the south). 3. Prior to final site plan approval, the applicant shall provide a modified site plan showing a shared drive access off West Peach Street. The shared drive access shall extend a minimum of 20 feet in length. 4. Prior to final site plan approval, the applicant shall provide a modified site plan showing the zero lot line arrangement of the proposed garages. The zero lot line shall occur on the new property line proposed with future subdivision. 5. Prior to final site plan approval, the applicant shall provide modified elevations showing the design of the proposed garages, for final design review and approval by Administrative Design Review Staff. 01-23-06 - 7 - 6. Prior to final site plan approval, the applicant shall provide modified elevations that note the exterior siding of the proposed new house, for final design review and approval by Administrative Design Review Staff. 7. Prior to final site plan approval, the applicant shall provide a detail section of the window well encroachment, which visually illustrates the encroachment to be a landscape feature rather than an architectural feature. 8. If the proposed house remains a three-bedroom, the applicant has to provide three on-site/off-street parking spaces. Prior to final site plan approval, the applicant shall provide a modified site plan showing at least 40 feet of driveway to allow two parking spaces to be stacked in front of the detached garage. 9. If the proposed house changes to a two-bedroom, the applicant has to provide two on-site/off-street parking spaces. Prior to final site plan approval, the applicant shall provide modified floor plans showing that only two bedrooms are proposed for the new house. 10. Prior to final site plan approval, the applicant shall provide a landscape plan depicting both existing and proposed landscaping on the subject site. for final review by Administrative Design Review Staff. 11. Prior to final site plan approval, the applicant shall provide a color palette and sample materials board, for final design review and approval by Administrative Design Review Staff. 12. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness with deviations application. Any modifications to the submitted and approved drawings shall invalidate the project's approval unless the applicant submits the proposed modifications for review and approval by the Department of Planning prior to undertaking said modifications. 13. The final site plan shall be adequately dimensioned. A complete legend of all line types used shall also be provided. 14. Sewer and water services shall be shown on the final site plan and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. All trees must be at least 10 feet from any public utilities or service lines. Public utilities and services lines must be shown on the final landscaping plan. 15. The drive approach shall be constructed in accordance with the City's standard approach (i.e., concrete apron, sidewalk section and drop-curb) and shown as such on the final site plan. A City Curb Cut and Sidewalk Permit shall be obtained prior to final site plan approval. 16. A shared drive approach for the existing house and the proposed house will be required on West Peach Street. 17. Typical curb details (Le., raised and/or drop curbs) and typical asphalt paving section detail shall be provided to and approved by the City Engineer. Concrete curbing shall be provided around the entire new parking lot perimeter and adequately identified on the final site plan. 18. Drive approach and public street intersection sight triangles shall be free of plantings which at mature growth will obscure vision within the sight triangle. 19. The project shall comply with all code provisions, including the following: * Per Section 18.34.130.A, "Final Site Plan," no later than six months after the date of approval of a preliminary site plan or master site 01-23-06 - 8 - plan, the applicant shall submit to the Department of Planning seven (7) copies of a final site plan. The final site plan shall contain all of the conditions, corrections and modifications approved by the Department of Planning. * Per Section 18.38.060, "Yard and Height Encroachments," eaves and gutters may not extend more than 2~ feet into a required side yard setback. * Per Section 18.42.130, "Fences, Walls and Hedges," all new fences must conform to code requirements. * Per Section 18.46.020.F, "Surfacing," all areas intended to be utilized for permanent parking spaces and driveways shall be paved with concrete or asphaltic concrete, or approved pavers, to control dust and drainage. All proposed parking areas and driveway improvements shall require a grading and drainage plan approved by the City Engineer. * Per Section 18.64.100, "Building Permit Requirements," a building permit must be obtained prior to the work, and must be obtained within one year of final site plan approval. Building permits will not be issued until the final site plan is approved. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Becker and Commissioner Kirchhoff; those voting No being Commissioner Jacobson, Commissioner Rupp, and Mayor Krauss. Site Plan and Certificate of ADDroDriateness to allow construction of four new commercial buildinas totalina aDDroximately 74.399 SQuare feet on DroDerty at northwest corner of the intersection of North 19th Ayenue and Cattail Street. with deyiation from Section 18.46.040, Bozeman MuniciDal Code. to allow Darkina in excess of the 125-Dercent maximum - Allied Enaineerina Services.lnc.. for Gallatin TR LP (Z-05263) This was the time and place set for the public hearing on the Site Plan and Certificate of Appropriateness requested by Allied Engineering Services, Inc., for Gallatin TR LP under Application No. Z-05263, to allow the construction of four new commercial buildings totaling approximately 74,399 square feet on Lot 11, 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 northwest corner of the intersection of North 19th Avenue and Cattail Street. Public hearing Mayor Krauss opened the public hearing. Planner Susan Kozub presented the staff report. She stated that the applicant proposes to construct four commercial buildings totaling approximately 74,399 square feet on the lot located south of the complex containing Ross's and Borders. In conjunction with this application, the developer is requesting a deviation to allow additional parking. The Planner stated that staff has reviewed this application in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. Based on those findings, staff has recommended approval of the construction of the four buildings, subject to several conditions, but denial of the requested deviation. She highlighted some of the conditions, noting that they include a requirement for better pedestrian crossings, additional sidewalk and trail connections, enhanced architectural details on the structures, and more detailed and interesting streetscapes. She noted that, on the satellite building at North 19th Avenue and Cattail Street, the DRB has recommended the stucco be replaced with windows or fenestrations. 01-23-06 ------- -- -- ------------ -9- The Planner concluded by noting that the applicant has expressed concern with Condition Nos. 3, 7 c, and 14 as proposed. Mr. Randy Twist, applicant, stated they are in agreement with the DRB's interest in drawing attention to the entrance of Building B, but proposed that they be allowed to lower the parapets while retaining the store front as proposed, rather than lowering the front entry. He then addressed Condition No. 14, which requires a pedestrian connection to the sidewalk along Max Avenue, expressing concern that the connection would cross a creek and encourage crossing of Max Avenue at mid-block, leading to safety issues. Mr. Twist asked that Condition No.3 be eliminated, noting that the deviation is to allow 4.1 parking spaces per 1,000 square feet of retail space rather than the 3.5 spaces allowed under the code. He stated that the property is being developed under as a regional commercial center under a planned unit development; and the concept is to attract larger users. He noted the six lots developed to date have a parking ratio of 4.1 parking spaces or more per 1,000 square feet, and commitments have been made to future tenants that the same parking ratio would be maintained. He stressed that this deviation would Simply allow the same development pattern to continue for the rest of the development, noting that on heavy shopping days, there are no spaces available in the existing parking lots. He indicated that additional landscaping is proposed within the parking lot to soften the appearance of the additional parking. Mr. Twist concluded by noting that in other cities, he has seen a minimum parking requirement of 5 spaces per 1,000 square feet of space and encouraging the Commission to approve the requested deviation to allow the parking for this lot to be consistent with previous approvals within this development. Responding to Commissioner Becker, Mr. Twist stated he has a tenant for Building B and possibly two tenants for Building A at this time. He assured the Commission that they are high quality tenants that will do well in Bozeman. Mr. Chris Budeski, consulting engineer, stated that, from an engineering standpoint, he does not want to see pedestrians encouraged to cross Max Avenue in mid-block, but prefers to see them cross at a controlled intersection. He then stated he feels good pedestrian access is being provided. He also noted that some of the landscape islands within the parking lot are nearly double width, which will allow for large trees that soften the appearance of the parking lot. Responding to Commissioner Rupp, Mr. Budeski stated that under the code provisions, 211 parking stalls are required; up to 264 stalls can be provided under the 125-percent maximum; and a 20-percent deviation would allow up to 316 stalls. He noted that this application is to allow 306 to 308 parking stalls, which results in the 4.1 per 1,OOO-square-foot ratio that the applicant is seeking. No one was present to speak in opposition to the application. Since there were no Commissioner objections, Mayor Krauss closed the public hearing. Decision Responding to Commissioner Becker, Planner Kozub confirmed that the development to the north of this site has 4.1 parking spaces per 1,000 square feet of retail. She noted that those developments were completed under the old code requirements; this application is being considered under the new code requirements. Responding to Commissioner Becker, the Planner confirmed that if parking is removed, a wider landscaped area can be provided in front of the buildings and possibly adjacent to the street. Responding to Commissioner Jacobson, Planner Kozub stated the Design Review Board is not happy with the pedestrian circulation on the site as proposed, noting they felt that the open space along the creek would be more usable if a pedestrian connection were provided. She acknowledged that direct access to Max Avenue is not essential. Responding to questions from Commissioner Becker, Mr. Budeski confirmed that the landscape islands could be narrowed with additional landscaping provided in front of the buildings. He also noted that additional landscaping could be provided if some of the parking spaces were made compact lots rather than full depth. 01-23-06 - 10 - Responding to Mayor Krauss, Commissioner Becker expressed support for the requested 4.1 parking spaces per 1,000 square feet of retail space because this is a retail hub and, when one tries to go Christmas shopping in this development, the parking lots are full. He noted that the economic impact report shows that big box stores result in an expansive market, drawing people to the community. He also does not feel it makes sense to hold this development to a standard that is different from the development next door. Mayor Krauss identified the design of the building and connection to open space as the critical items for him. Commissioner Kirchhoff noted not everyone is thrilled with the regional commercial development occurring along North 19th Avenue, and he understands its pros and cons. He stated that shrinking the size of the parking lots was one of the Commission's attempts to bring this development into pedestrian scale and to encourage more amenities. He noted the default is what the tenants want, and that must be balanced against the amenities and ensuring that pedestrian trails and connections are provided. He noted that a few years ago, the conscious decision was made to not build for Christmas Day, but to build to scale. He concluded by expressing his support for the conditions as recommended by staff. Mayor Krauss stated he does not want to see another Verizon building, noting that appearance is more important than parking. He does not find the parking perpendicular to Catron Street is particularly attractive, and suggested that it be buffered from the road so one does not see a sea of asphalt. He then indicated that he finds it hard to dismiss staff's recommendations, although he acknowledges the number of additional spaces requested is not significant. He concluded by recognizing that the taxes paid by regional commercial uses will help offset the costs of providing services to residential development. It was moved by Commissioner Becker, seconded by Commissioner Rupp, that the Site Plan and Certificate of Appropriateness requested by Allied Engineering Services, Inc., for Gallatin TR LP under Application No. Z-05263, to allow the construction of four new commercial buildings totaling approximately 74,399 square feet on Lot 11, 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 be approved, subject to the following conditions: 1. The final site plan shall specify that the entire perimeter of the site (including sidewalks, egress/ingress points, landscaping, and irrigation) shall be completed with the initial phase of the project. 2. The final site plan shall depict sidewalks (for Building A) that connect to the sidewalk along Cattail Street and to the path along North 19th Avenue with enhanced landscaping at the corner. J. The final site pia" !hall net inch::Jde parkins in exce33 .of the 125 percent maximum established by G~c:;tien 18.-4C.040 "~JuMber .of Cpaces Re~uired." The parallel parking spaces along North 19th Avenue shall be eliminated as part of the parking reductien. The additi.o"alarea created by the elimination of parking spaces shall be added to tne pedestrian pla~a along the 30uth elevtltio"s of Ouildings 0, C, and D. 4. The pedestrian plaza along the south elevations of Buildings B, C, and D shall include additional pedestrian features including benches, picnic tables, and additional landscaping clusters with large canopy shade trees, shrubs, and perennials. 5. The final landscape plan must be revised to include the following: a) That all large canopy trees shall be installed with a minimum caliber of two (2) inches in diameter; b) That all parking lot islands shall contain ornamental rock, river rock, or grass; no gravel, pea gravel, or similar materials will be permitted; c) That additional landscaping will be installed to better screen the service drive from Max Avenue; 01-23-06 - 11 - d) That boulevard trees shall include a better variety subject to review by the City Forester; e) That all point calculations required by Section 18.48.060 of the Unified Development Ordinance and the "Greenway Park" requirements beginning on Page 30 of the Design Objectives Plan are included on the final landscape plan. 6. The final site plan shall confirm that all pedestrian crosswalks will be installed as colored, scored concrete similar to that already installed throughout this mixed use commercial Planned Unit Development. A total of four parking lot crosswalks shall be shown on the final site plan with at least two of the crosswalks having a minimum width of the landscape island. 7. Any "significant" modifications to the submitted elevations, as determined by ADR Staff, shall be reviewed by the DRB prior to final site plan approval. The final site plan elevations shall depict: a) Split-face concrete masonry units for all elevations facing a public right-of-way or parking lot; b) Building A with glazing on the elevations facing Cattail Street and North 19th Avenue as shown on the original submittal, and not spandrel glass, EIFS, or stucco; and c) Building B with a +ower differentiated front entry to better distinguish it from the rest of the building mass. 8. The final site plan shall include a revised elevation for the west side of Building D. The revised elevation must better incorporate variation in masonry materials, patterns, colors, horizontal bands, fenestration treatment, articulated parapet wall, entrance forms and architectural detailing, for review and approval by Administrative Design Review (ADR) Staff prior to final site plan approval. 9. The final site plan shall include revised elevations for the southeast corner of Building B to provide additional architectural interest for this prominent corner including: variation in masonry materials, patterns, colors, horizontal bands, fenestration treatment, articulated parapet wall, entrance forms and architectural detailing, for review and approval by Administrative Design Review (ADR) Staff prior to final site plan approval. 10. 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. 11. With the final site plan submittal, the applicants must provide a common signage plan depicting locations, general style, dimensions, materials, colors, and methods of illumination for review and approval by the Planning Department. 12. An informational pedestrian/bicycle map display or kiosk shall be installed and noted on the final site plan at the corner of Cattail Street and North 19th Avenue (outside of the required street vision triangle). 13. No "drive-through" facilities will be permitted to face North 19th Avenue or Cattail Street. 14. The final site plan shall include a pedestrian connection from the plaza on the south sides of Buildings B, C, and D to the sidewalk along Max Avenue across East Catron Creek. 01-23-06 - 12 - 15. The final landscape plan shall depict additional native shrub clusters along the East Catron Creek corridor. 16. Because of our concerns with multiple phasing of a single lot, and based on Section 18.43.130 of the UDO, 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 further development on each lot. In addition, there may only be two phases of site related improvements, with the entire perimeter for lot being developed with the initial phase and shall include sidewalks, landscape and landscape irrigation, and any required lighting. All remaining interior site related improvements that are not part of the first phase, such as parking, landscape and irrigation, will need to be completed for the entire remaining portions of the lot with the second phase. 17. All property owners and businesses must be part of the Gallatin Center Property Owner's Association. 18. Setbacks shall be measured from the edge of a public access easement. 19. The final site plan shall be adequately dimensioned. 20. A Storm Water DrainagelTreatment Grading Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease, and other pollutants must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations), storm water detention/retention basin details (including basin sizing and discharge calculations, and discharge structure details), storm water discharge destination, and a storm water maintenance plan. A storm water easement must be established on the adjacent property and filed with the County Clerk and Recorder's Office for the retention pond and discharge course if located off the subject property. The existing detention pond was not sized for the runoff from this entire parking lot. Either an additional pond must be installed to collect the remaining runoff, or the existing pond expanded to include the additional area. FYI: The applicant is advised that the master stormwater plan previously completed for the lot called for the storm sewer to be extended to the front of the proposed buildings to collect the runoff from the front parking area. Instead of this, the proposed plan calls for all of the runoff from the site to sheet drain to the existing inlets on the northwest corner of the site. If this is done, it will result in large gutter flow spread widths in front of the buildings, and in the drive aisle between buildings. It will also result in ponding at the inlets. It is highly recommended that the storm sewer be extended to the front of the store as previously anticipated to collect and convey the parking lot runoff. 21. Plans and specifications for any water, sewer and/or storm sewer main extensions, and public or private streets (including curb, gutter, and sidewalks) prepared by a professional engineer (PE) shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Specific comments regarding the existing and proposed infrastructure shall be provided at that time. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre-construction conference has been conducted. No building permits will be issued prior to City acceptance of the infrastructure improvements unless all proYisions set forth in section 18.7 4.030.C.1.b are met to allow for concurrent construction. 22. Plans and specifications for any fire service line must be prepared in accordance with the City's Fire Service Line Policy by a professional engineer (PE), and be provided to and approved by the City Engineer prior to initiation of construction of the fire service or fire protection system. The applicant shall also provide 01-23-06 - 13 - professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. 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 edge of easement. 24. Sewer and water services shall be shown on the final site plan and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. 25. The location of existing water and sewer mains shall be properly depicted, as well as nearby fire hydrants. Proposed main extensions shall be labeled "proposed." 26. City standard sidewalk shall be installed and properly depicted at the standard location (i.e., one foot off property line) along the street(s) frontage. Any deviation to the standard alignment or location must be approved by the City Engineer. 27. Typical curb details (i.e., raised and/or drop curbs) and typical asphalt paving section detail shall be provided to and approved by the City Engineer. Concrete curbing shall be provided around the entire new parking lot perimeter and adequately identified on the final site plan. 28. The Montana Fish, Wildlife & Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, turbidity exemption, etc.) shall be obtained prior to final site plan approval. 29. All existing utility and other easements must be shown on the final site plan. 30. Adequate snow storage area must be designated outside the sight triangles, but on the subject property (unless a snow storage easement is obtained for a location off the property and filed with the County Clerk and Recorder's office). 31. Drive approach and public street intersection sight triangles shall be free of plantings which at mature growth will obscure vision within the sight triangle. 32. If construction activities related to the project result in the disturbance of more that one acre of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality, Water Quality Bureau, shall be contacted by the applicant to determine if a Storm Water Discharge Permit is necessary. If required by the WQB, an erosion/sediment control plan shall be prepared for disturbed areas of one acre or less if the point of discharge is less than 100 feet from state waters. 33. The applicant shall submit a construction route map dictating how materials and heavy equipment will travel to and from the site in accordance with section 18.74.020.A.1 of the Unified Development Ordinance. This shall be submitted as part of the final site plan for site developments, or with the infrastructure plans for subdivisions. It shall be the responsibility of the applicant to ensure that the construction traffic follows the approved routes. 34. All construction activities shall comply with section 18.74.020.A.2 of the Unified Development Ordinance. This shall include routine cleaning/sweeping of material that is dragged to adjacent streets. The City may require a guarantee as allowed for under this section at any time during the construction to ensure any damages or cleaning that are required are complete. The developer shall be responsible to reimburse the City for all costs associated with the work if it becomes necessary for the City to correct any problems that are identified. 01-23-06 - 14 - 35. Water (domestic and fire) and sewer stubs, as well as storm sewer stubs for roof drains were installed for these buildings at the time the mains were installed. Any water services that are not utilized shall be abandoned at the main. If the existing sewer stubs are not adequately sized, they can either be abandoned in place with a new service being installed, or increased in size from the main including installation of a new "Y" The roof drain stubs shall be utilized unless they are not adequately sized. 36. The existing stubs on both ends of the proposed water main extension along North 19th Avenue are 12-inch. The proposed extension shall be 12-inch rather than the 8-inch that is shown. 37. 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. 38. 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. 39. 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 Cattail 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 and Max. 40. If a temporary access and a gravel drive aisle are to be utilized to access the loading area behind the existing buildings during construction, the first 25 feet shall be paved, and the gravel drive aisle shall be treated with Magnesium Chloride or another approved dust abatement treatment. The temporary access shall meet all access standards for spacing if it is in addition to the permanent accesses. 41. 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. 42. The final number and location of on-site fire hydrants shall be reviewed and approved by the City of Bozeman Fire Department. It was moved by Commissioner Kirchhoff, seconded by Commissioner Becker, that the motion be amended to add Condition No. 3 back into the list of conditions for approval. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Becker, Commissioner Jacobson, and Mayor Krauss; those voting No being Commissioner Rupp. The main motion, as amended, then 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. Site Plan and Certificate of ADDroDriateness to allow construction of one multi-tenant commercial buildinQ totalina aDDroximately 129,034 SQuare feet on DrODertv located at the southeast corner of the intersection of North 19th Avenue and Cattail Street. with deviation from Section 18.46.040, to allow Darkina in excess of the 125-Dercent maximum - Allied EnQineerina Services, Inc., for Gallatin TR lP lZ-05270) This was the time and place set for the public hearing on 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, 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. 01-23-06 -15- Included in the Commissioners' packets was a memo forwarding a recommendation that the public hearing be opened and continued to February 6, per the applicant's attached request. Public hearing Mayor Krauss opened the public hearing. It was moved by Commissioner Rupp, seconded by Commissioner Kirchhoff, that the public hearing be continued to February 6, per the applicant's request. 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. Break - 8:50 to 8: D.m. Mayor Krauss declared a break from 8:50 p.m. to 8:57 p.m., in accordance with Commission policy. Preliminarv Dlat for Legends at Bridger Creek Subdivision - modify conditions of aDDroval to remove restricted size lot (RSL) designation - northeast corner of intersection of StOry Mill Road and BoYlan Road - Storv Mill Partners LLC and StOry Mill Partners II LLC (P-04061A) This was the time and place set for the public hearing on the preliminary plat for the Legends at Bridger Creek Subdivision, as requested by Story Mill Partners LLC and Story Mill Partners II LLC under Application No. P-04061A, to modify conditions of approval to remove the requirement for restricted size lot (RSL) designation from Lots 1 and 8, Block 2, and Lots 3 through 8 and 13 through 16, Block 3. The subdivision is located at the northeast corner of the intersection of Story Mill Road and Boylan Road. Distributed just prior to the meeting was a letter from Don Jackson and Catherine Ebelke, 1280 Story Mill Road. encouraging the Commissioners not to approve the requested modification but to require the lots remain as currently platted. Public hearing Mayor Krauss opened the public hearing. Associate Planner Jami Morris presented the staff report. She noted the applicant is requesting that he not be required to provide restricted size lots in the Legends at Bridger Creek Subdivision, but that he be allowed to donate a 15,573-square-foot lot located at the corner of Westgate Avenue and Durston Road in Laurel Glen Subdivision to the City in exchange for the 40,000 square feet in restricted size lots within the subdivision. She noted that the code does allow for providing a parcel within another subdivision on a ratio of 1 to 3, based on square footage, in exchange for the restricted size lots. The Associate Planner stated that staff has reviewed this application in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. Based on those findings, staff has forwarded a recommendation of approval, subject to three conditions; and, following its public hearing on January 4, 2006, the Planning Board concurred in that recommendation. She highlighted those conditions, which include credit for nine of the restricted size lots through the proposed dedication of the lot in Laurel Glen Subdivision plus a cash-in-lieu payment for the remaining three lots. She then indicated that the Community Affordable Housing Advisory Board does not support the proposed exchange, indicating it finds the alteration is significant and removes economic diversity from the subdivision. Responding to Commissioner Kirchhoff, the Associate Planner stated the best argument for approving this application is that, while restricted size lots provide for some diversity of housing types, they do not ~uarantee any level of affordability. She suggested that, with the City being owner of the parcel in Laurel len Subdivision, it can choose to sell the lot or construct an affordable housing complex on the site. Commissioner Kirchhoff expressed concern that elimination ofthe restricted size lots within Legends at Bridger Creek Subdivision will also eliminate the diversity of housing types that would otherwise be provided. He then acknowledged that the Laurel Glen Subdivision has a lower price point than this subdivision has. 01-23-06 - 16- Mr. Clark Sprague, applicant, reviewed the options available to a developer under the code for meeting the requirement to provide restricted size lots, which include a land trade, donation of land to the City, or a cash-in-lieu payment. He stated that under the donation option, a 1 to 3 ratio is required. In this instance, he proposes to donate a 15, 573-square-foot lot in exchange for removal of the restricted size lot designation on 40,000 square feet within the Legends at Bridger Creek Subdivision, which exceeds the code requirements. He acknowledged that restricted size lots within the Legends at Bridger Creek Subdivision will not guarantee affordability, particularly since the units will sell between $460,000 and $595,000, or $217 per square foot. He cautioned that, if the Commission does not approve the exchange, the option for providing affordable housing in conjunction with this development will be lost. Mr. Don Jackson, 1280 Story Mill Road, stated he owns the property immediately north of the subject site, and has been involved with the lengthy process since its inception. He noted that a lot of compromises have been made by everyone involved. He expressed his support for retaining the restricted size lots within this subdivision to provide diversity. He stressed that, if a trade is to be allowed, it should be within a subdivision in the general area, not one on the west end of town. He also questioned why affordable or smaller homes should not be provided in unique or desirable places within the community. Ms. Beth Hanson, 1813 South Rouse Avenue, stated it bothers her to have restricted size lots, which are under the affordable housing provisions in the unified development ordinance, described as providing for niche housing. She expressed her support for this application, stating that she feels it allows for providing truly affordable housing and creates economic diversity. She also feels the low- and moderate- income should be the ones to benefit from the restricted size lots. She concluded by stating that if the Commission denies this request, it is essentially saying that the City has affordable housing programs on paper, but not in reality. Mr. Brian Caldwell, 733 South Tracy Avenue, stated that, while he sympathizes with the comments of the previous speaker, he does not support the request. He cautioned that this decision will set a precedent for future decisions, and he feels that, while the restricted size lots may not provide affordable housing, they do provide for diversity within the subdivision. Mr. Clark Sprague responded that reducing the size of the home will reduce the price somewhat, but will make it even less affordable for those in the low- and moderate-income ranges. Responding to Commissioner Rupp, Associate Planner Morris confirmed that what the applicant is proposing is allowed under the code. She noted that Community Affordable Housing Advisory Board's position is that the lots in the Legends at Bridger Creek Subdivision are worth more than those in Laurel Glen Subdivision and, therefore, a more equitable transfer should be sought. She indicated that, following discussion, they were willing to support the transfer for nine of the lots, but not for all twelve restricted size lots. Commissioner Rupp stated this application points out the problems with restricted size lots, noting that they are just smaller lots, with smaller footprints and smaller prices, but not affordable. He noted the City needs a mechanism to provide truly affordable housing in the community. Commissioner Kirchhoff noted the restricted size lots were part of a larger set of programs to provide housing that is affordable, based on the real wages paid locally. He recognized that these code provisions are the result of negotiations with those who did not want inclusionary zoning, and they are not as effective as hoped. He acknowledged that not approving this application will not result in affordable housing; however, he feels that it would result in a bad precedent. He feels that it is important to maintain a diversity of housing types in every development and, as a result, the Legends at Bridger Creek Subdivision should remain as platted. Mayor Krauss closed the public hearing. Decision It was moved by Commissioner Kirchhoff, seconded by Commissioner Jacobson, that the preliminary plat for the Legends at Bridger Creek Subdivision, as requested by Story Mill Partners LLC and Story Mill Partners II LLC under ApplicationNo. P-04061A, to modify conditions of approval to remove the requirement for restricted size lot (RSL) designation from Lots 1 and 8, Block 2, and Lots 3 through 8 and 13 through 16, Block 3, be approved subject to the following conditions: 01-23-06 -17- 1. The final plat shall be submitted within one year of City Commission approval. 2. No building permits will be issued for Lots 1 and 8, Block 2, and Lots 3 through 8 and 13 through 16, Block 3, Legends at Bridger Creek Subdivision, until the City Commission approves the final plat. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Jacobson; those voting No being Commissioner Kirchhoff, Commissioner Becker, Commissioner Rupp, and Mayor Krauss. ADDointments to boards and commissions: (a) Beautification Advisorv Board: (b) Cemetery Board: (c) City Planning Board: (d) Community Alcohol Coalition: (e) Downtown Bozeman ImDrOyement District Board (lOB): (f) ImDact Fee AdYisory Committee: (g) Parkina Commission: (h) Senior Citizens' Advisorv Board: (I) ZoninQ Commission City Planning Board. Mayor Krauss appointed Brian Caldwell to the City Planning Board, with a two-year term to expire on January 31, 2008. It was moved by Commissioner Kirchhoff, seconded by Commissioner Jacobson, that Randy Carpenter, Caren Roberty, and Edward Szczypinski be appointed to the City Planning Board, with two-year terms to expire on January 31,2008. 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. Mayor Krauss appointed David Jarrett to the City Planning Board, with a two-year term to expire on January 31, 2008, and stated that he is not prepared to make the fourth Mayoral appointment at this time. Impact Fee Advisory Committee. It was moved by Commissioner Becker, seconded by Commissioner Rupp, that Ken Eiden be appointed as the CPA representative, with a term to expire on December 31, 2007, and that Nicholas Lieb be appointed as a citizen member, with a term to expire on December 31, 2007. 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. Zoning Commission. It was moved by Commissioner Rupp, seconded by Commissioner Kirchhoff, that Peter Harned be appointed to replace Cliff Chisholm, with an initial term to expire on January 31, 2008; that Nicholas Lieb be appointed to replace Page Lutes, with an initial term to expire on January 31, 2008; and that Anna Lindstrand be appointed to replace Sarah Guggenheim, with an initial term to expire on January 31, 2007. 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. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1 ) Letter from Lauri McCommon, 1272 Cougar Drive, regarding her donation to the performing arts center and the proposed parking garage. (2) Letterfrom Michelle Procunier, 232 Pheasant Drive, asking that the proposed parking garage not be constructed. (3) Letter from T.H.Crawford, 15 South Tracy Avenue, questioning the need for a parking garage. (4) Letter from Sandie and Jerry Hammer voicing concern that the proposed new middle school site is immediately adjacent to the Baxter Meadows Subdivision, Phase I, and their new home. (5) Updated listing of projects to be considered at upcoming Commission meetings, dated January 18, 2006. 01-23-06 -18- (6) Agenda for the School District NO.7 Board of Trustees meeting to be held at 7:00 p.m. on Monday, January 23, at the Willson School. (7) Agendas for the County Commission meetings to be held at 9:00 a.m. on Tuesday, January 24, and 1 :30 p.m. on Wednesday, January 25, at the Courthouse. (8) Agendas for the Zoning Commission meeting and the Planning Board meeting which were held on Wednesday, January 18. (9) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Wednesday, January 25, at the Professional Building. (10) Agenda for the Design Review Board meeting to be held at 5:30 p.m. on Wednesday, January 25, at the Professional Building. (11 ) Meeting summaries from the Bozeman Area Bicycle Advisory Board meetings held on December 6, 2005, and January 3, 2006. (12) Assistant City Manager Ron Brel submitted the following. (1) Noted that plywood sheets with corrugation have been installed at a cost of 700 in an effort to mitigate the noise from hockey; and the two neighbors that he has heard from are ecstatic with the results. (2) Stated that Brook Griffin, reporter with the Bozeman Daily Chronicle has apologized for the computer-generated picture in Sunday's paper in conjunction with his article on restrooms in the downtown area. (13) Director of Public Service Debbie Arkell stated that Engineering Assistant Andy Kerr has completed a traffic study on Baxter Lane between North 7th Avenue and North 19th Avenue to identify the appropriate speed limit. The results of that study reveal a 45-mile-per-hour speed zone from North 7th Avenue to Simmental Way and 35 miles per hour from there to North 19th Avenue. This information is being forwarded to the Montana Transportation Commission for consideration. (14) Responding to Mayor Krauss, the Assistant City Manager stated that a planning committee has been appointed for the North 7th Avenue corridor; and that committee is now working with the consultant on a connectivity plan that will become the basis for the urban renewal plan. He anticipates the committee's work will be done and the plan adopted prior to the end of the calendar year. The next step for the Northeast Urban Renewal District is the appointment of an urban renewal board, and he anticipates that will be on the agenda within the next month. (15) Planning Director Andy Epple reported that his staff is working with the staff for the Community Affordable Housing Advisory Board in preparation for next Monday's work session on affordable housing. (16) City Manager Kukulski reported that he and Gary Marks, City Manager in Whitefish, have discussed the possibility of the two governing bodies meeting to talk about various issues of interest to both. He noted that they also prepared an initial list of possible topics, including affordable housing, trails, impact fees, resort tax, the effects of the "breakneck speed" of growth, impacts of big box stores, dark skies lighting requirements, signage, and growth policy issues. All of the Commissioners expressed an interest in participating in a discussion that includes the governing bodies and key staff people, either in a central location or in one of the communities. (17) Director of Finance Anna Rosenberry submitted the following. (1) Stated a flyer will be included in this month's water bills informing people of how to apply for the State's low-income property tax assistance program, and expressed her hope that more people will take advantage of that program. (2) Stated that staff is completing an overview of the City's fiscal compliance in anticipation of borrowing monies. (3) Announced that the quarterly budget status report should be done by the end of the week. (18) Commissioner Rupp stated that the HRDC is preparing the application for yellow busses, which is due February 1. He noted that under this grant application, they are proposing six busses that operate on hybrid fuel, with the City providing funding for one of those busses and the County providing funding for another. 01-23-06 -19- (19) Commissioner Becker stated he plans to attend the January 27 meeting of the Bozeman Cultural Council, and suggested that the group be incorporated into the City's board structure, particularly since a cultural component is included in the Bozeman 2020 Community Plan. (20) Commissioner Kirchhoff announced that he will be serving as a translator for local doctors working in Mexico and, as a result will miss the February 26, March 6, and March 13 Commission meetings. (21) Mayor Krauss submitted the following. (1) Announced that he has two conflicts with attending the MPPA Board meeting on February 1 and, as a result, Commissioner Becker will be attending that meeting. (2) Asked that Commissioner Rupp attend the Transportation Coordinating Committee meeting on Wednesday morning, since he has a scheduling conflict with that meeting as well. Adiournment -10:30 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Kirchhoff, seconded by Commissioner Rupp, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Rupp, Commissioner Becker, Commissioner Jacobson, and Mayor Krauss; those voting No, none. ATTEST: ~/ L/~ , K IN L. SULLIVAN City Clerk 01-23-06