Loading...
HomeMy WebLinkAbout2005-09-12 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA September 12, 2005 ***************************** The Commission of the City of Bozeman met in regular session in the Community Room, Gallatin County Courthouse, 311 West Main Street, on Monday, September 12, 2005, at 7:00 p.m. Present were Mayor Andrew Cetraro, Commissioner Jeff Krauss, Commissioner Marcia Youngman, Commissioner Steve Kirchhoff, Commissioner Lee Hietala, City Manager Chris Kukulski, Assistant City Manager Ron Brey, Director of Public Service Debbie Arkell, Director of Finance Anna Rosenberry, Director of Public Safety-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. City Manager Kukulski noted Commissioner Hietala has asked that the agreement with Doug Johnson be removed from the Consent Items for discussion. Sianina of Notice of Special Meetin~ Each Commissioner, in turn, signed the Notice of Special Meeting. Public comment Ms. Deb Stober, 395 Valley Drive, thanked the City for its efforts to help with traffic on that roadway during the West Babcock Street construction. She then invited the Commissioners to attend the first annual meeting of the NorthWest Neighborhood Network (NWNN), to be held at 7:00 p.m. on Thursday at the Emily Dickinson School. She expressed her hope that this will lead to improved communication between the City and the residents, and asked that meeting agendas and staff reports be posted two weeks prior to a meeting to give them time to become better informed. She concluded by stating the NWNN board will go to the County Commission on Wednesday afternoon to ask them to assist in funding of the improvements to West Babcock Street and Durston Road, thus making them truly cooperative ventures. Mr. Brian Gallik, attorney for the Bozeman Creek Neighborhood Association (BCNA), stated he met late last week with the City Manager, Staff Attorney Tim Cooper, and representatives from NorthWestern Energy to see if some middle ground can be found. He noted that whether the BCNA is willing to continue talks is dependent upon NorthWestern Energy's insistence on proceeding with the poles and lines. He stated there are ways to mitigate the impacts but it is clear the City, NorthWestern Energy, and the neighborhood must work together. He asked that the City reimburse the attorney fees for the injunction because the City would not intervene, noting that once his clients filed for a restraining order, work ceased. He concluded by raising several due process concerns. Mr. Bob Dehlendorf, 1006 West Main Street. noted that damage from Hurricane Katrina is now estimated in excess of $300 billion, which is greater than the costs of the US involvement in both Afghanistan and Iraq. He proposed that the Commission write a letter or e-mail other cities in the US that are recipients of pork barrel spending, encouraging them to return the monies. City Manager Kukulski indicated this issue will be placed on a future agenda, to allow for public discussion. He then stated that a payroll contribution has been set up for the American Red Cross, and two firemen are currently in the gulf area to assist. Consent Items City Manager Kukulski presented to the Commission the following Consent Items. 09-12-05 ~ 2 - Authorize Citv Manaaer to sign - Agreement with ESCi. Wilsonville. Oreaon. for a fire department staffing and station location studv: continaent upon consultant sianina aareement Authorize Citv Manaaer to sian. Acceptance of Temporarv Storm Drainage Easement across portion Tract 2A. COS No. 1215F. from PT Land to Beran,LLC (for new Kenvon Noble site) Claims It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, and Mayor Cetraro; those voting No, none. Possible scenarios for solid waste collection and disposal Included in the Commissioners' packets was a memo from Director of Public Service Debbie Arkell and Director of Finance Anna Rosenberry forwarding additional information on the various scenarios for solid waste collection and disposal, as requested by the Commission at its August 8 meeting. Distributed just prior to the meeting were copies of several pages of the petition in opposition to privatizing of solid waste services. City Manager Kukulski introduced the issue, noting that over the last six weeks, staff has considered options outside the transfer station. He then identified the options, as follows. 1. Build transfer station. Staff has looked at options to lower the costs of a transfer station. Over the past four years, the estimated cost has increased from $2.6 million for a station on the current landfill site to $6 million for a station on the Mandeville farm site a year ago and now $8 million, with the bids coming in at $8.15 to $9.5 million. Through value engineering, the costs of the project could possibly be reduced by $700,000. Since a majority of the Commissioners do not support a flow control requirement, staff has met with representatives from BFI; and they have expressed a willingness to sign a "put or pay" agreement, which assures the City a cash flow. Staff has projected a 45-percent increase in collection fees would be necessary to cover the tipping costs at the transfer station, and a 27 -percent increase in rates has been projected in the budget for the upcoming year. 2. Redesign and rebid transfer station. This would result in approximately $250,000 in additional architect and engineering fees, with a net savings of possibly $1.6 million. The City Manager cautioned that, given the inflationary costs at this time, the savings could be minimal under this scenario. 3. Direct haul. Staff has gone back through the documents on which the rates were initially calculated and found that they were overstated by nearly 50 percent because fuel and oil costs had been double counted. The rates have been re-calculated, and this analysis reflects those new rates. The City Manager noted issues were raised regarding the three-year truck replacement program during the previous discussion. As a result, staff reviewed other systems and determined a five-year replacement program is more realistic. He cautioned that extending the replacement program may result in additional maintenance and operation costs as well as less efficiency in the program. He indicated that this alternative will result in a 25-percent increase in collection rates, and noted the inefficiency of driving to and from Logan is somewhat offset by the difference in tipping fees. As a result of re-evaluation, staff has determined this is the least expensive alternative, both in the short term and the long term. The City Manager cautioned that, whatever method of disposal is identified, other issues to be considered include the recycling and compost programs, stating that the revenues generated should result in maintaining or improving those programs. 7. Privatization. This option has been discussed in a couple different ways, including a contract with a hauler to compete with BFI and the creation of a tightly-regulated monopoly with a particular hauler. A search on the internet has revealed a variety of programs and results, but staff has also 09-12-05 - 3 - determined a longer term contract is needed to make the tightly-regulated monopoly a viable option. The City Manager cautioned that under state law, a five-year notice must be given before a public hauler can take over the entire customer base, creating an opportunity for an exclusive hauler; and the contractor's business could fail during that period of time. The City Manager indicated that staff has identified the implications of joining the solid waste district. He noted the district is interested in the City of Bozeman becoming a member, and he feels that if Bozeman is using the Logan landfill, becoming partners and helping manage the asset would be beneficial. City Manager Kukulski noted staff's analysis has suggested there is no real incentive to build a transfer station; rather, staff would recommend the Commission give serious consideration to direct hauling to the Logan landfill. He acknowledged that in 2000, an outside consultant recommended a transfer station; however, there have been substantial changes since that time, including the increased costs of construction in an entryway corridor. He noted that a decision to direct haul at this time does not preclude a future decision to construct a transfer station, possibly in a different location and through a different bidding process. He concluded by suggesting that time and energy be focused on maximizing opportunities for recycling and composting and how to fund those programs. Commissioner Krauss asked if the City's solid waste collection service has done any kind of analysis to assure that it is competitive and has the same efficiency standards as others in the industry, noting that an RFP could also provide that information. He cautioned that if the Commission decides not to pursue privatization, it loses that option for addressing the issue. He voiced concern that, with direct haul, the City have the ability to compete with private entities. Solid Waste Superintendent Mark Kottwitz stated that the budget, if it is approved as submitted, includes monies to cover the tipping fees for direct haul to the Logan landfill. Director of Finance Anna Rosenberry reminded the Commission that hauling to the Logan landfill will take time away from the collection routes and, to balance that out, the collection trucks are being upgraded to front load trucks, which can haul approximately three times what a rear load does. Solid Waste Superintendent Mark Kottwitz stated that the use of roll-off containers was implemented two weeks ago, following authorization by the Commission; and all of the containers are now in use. He then noted that the front load trucks can be operated by one person, unlike the rear load trucks. Commissioner Youngman acknowledged the costs of direct haul are lower than those for a transfer station; however, those figures do not include recycling. Director of Finance Rosenberry noted that the different scenarios include different bundles of services. She then stated the 25-percent rate increase does not include the recycling costs because staff felt it unfair to ask the City collection customers to foot the bill for recycling opportunities for all residents, both city and county. Responding to Commissioner Youngman, the Director of Finance stated that if recycling costs were added to the utility bill, it would be approximately $1.75 per month. She cautioned that if only the collection customers were assessed for recycling, the fee would be $3.50 to $4.00. City Manager Kukulski noted that the projected shortfall of $150,000 covers the compost and cardboard programs as well as the recycling. He noted that the tipping fee at the landfill currently covers those costs, since they result in a reduction in the waste stream and extend the life of the landfill. In response to comments from Commissioner Krauss, the City Manager acknowledged that the City's collection trucks do not pay a tipping fee at the landfill because both the collection and disposal are part of the same fund. The Director of Finance confirmed that the landfill tipping fees paid by private haulers and self haulers have covered a huge portion of the monies for recycling and for the landfill operations and reserve. She then noted that the savings in air space due to diversion must also be considered. 09-12-05 ~ 4 - Commissioner Krauss stated it is important to identify the costs of recycling and then identify a funding mechanism that is equitable. He noted that the City contributes to the Headwaters Recycling program, which is used by county as well as city residents. Director of Finance Rosenberry noted that when staff met with representatives from BFI regarding the put or pay agreement, they agreed to include a community-wide recycling fee and did not want to see programs that benefit City collection customers only. Responding to Commissioner Youngman, the Director of Finance stated that, even though the City will be direct hauling to Logan, it is staff's recommendation that all other programs at the landfill remain open for the "mom and pop" customers. City Manager Kukulski cautioned that leaving the landfill open as a local drop-off area for city residents with half-ton pickups will result in a dramatically less efficient operation, and the landfill may be open only one day in the winter and two or three days in the summer. Solid Waste Superintendent Kottwitz noted that in August, 25 percent of the volume was construction debris; however, the Class IV cell is now full and, for the past two weeks, that debris has been dumped in the lined cell. Responding to Commissioner Youngman, the Superintendent stated he has totals on the tonnage brought in by other City departments during the year. He then noted the bottom lines of those budgets will be affected with the recent implementation of tipping fees for compost. He indicated that all recycling programs may remain at the landfill even if the lined cell is closed. Commissioner Hietala suggested that some of the options be eliminated from further consideration. He then stated he does not believe privatization is a desirable alternative and voiced his preference for the direct haul option. He also does not feel a transfer station would be economically feasible. Commissioner Krauss stated it is important that the City's service be competitive, and suggested that measures of efficiency be implemented and that the costs of the capital improvement program be covered. He then suggested that the amount allocated for administrative fees seems aggressive and needs to be recalculated. He acknowledged that the Commission has heard a lot from the community about the good service provided by the City, and recognized that is a strong base from which to start competing. He concluded by indicating his support for the City's collection program to remain in place. Commissioner Youngman noted it is important to recognize that direct haul is only slightly less expensive once the costs of the things not covered are calculated in. As a result, it is important to recognize the list of differences and advantages is partly financial and partly impacts on the community. Mayor Cetraro noted his home receives good service from the City. He then noted he has found the transfer station a good option, and he feels the City can successfully compete in this service. City employee Steve Kurk noted a transfer station is a good way to keep track of the solid waste and cut down on the trips to the Logan landfill. He then cautioned that implementing a direct haul program for solid waste will result in other City departments being required to direct haul as well. He noted that when the Street Division does alley clean-up, they haul three to five truckloads to the landfill each day. He concluded by voicing his disagreement with the derogatory comments made by BFI about the City's program in the Bozeman Daily Chronicle recently. Ms. Jane Jelinski, 433 North Tracy Avenue, stated she is delighted to hear the Commission is backing off the idea of privatizing the solid waste collection program, noting it could compromise some of the valuable services provided, including recycling and Christmas tree chipping. She noted that in the late 1980s, the City and County jointly funded a long-range solid waste management study, and the conclusion was that the City landfill should be closed and all solid waste hauled to Logan. She then noted that the PSC is reluctant to to give permits to potential competitors, and it is impossible to tightly regulate a monopoly without the capital equipment to resume service if necessary. She characterized this as a very complex and important decision and asked the Commission to move slowly and make sure the quality of service and quality of life in the community are retained. 09-12-05 - 5 - Mr. Dane Gamble, 13 Hitching Post Road, stated that he has been monitoring the landfill issue since 1985 because of the Bridger Creek golf course. He encouraged the Commissioners to consider the strong potential of gas prices soaring and the landfill tipping fees at Logan increasing. He noted those are significantly absent factors in this discussion. He identified the transfer station as the only long-term project that has been discussed in whole context and encouraged the Commission to move forward with that option even though the initial costs seem high. Mr. Dave Pruitt, Solid Waste District Board, stated if the City were a member of the district and did direct haul, the concerns about recycling would be addressed through the Board. He noted that Bozeman would have two seats on the Board. He concluded by acknowledging the benefits of diverting as much from the waste stream as possible. City employee Kevin Handelin noted that time and convenience are important to people. He supports the transfer station, noting that it would be easily accessible to the public and reduce the impacts that would result from the requirement to haul to Logan. Mr. Craig Campbell, 1775 Moffitt Gulch Road, noted he is a contractor who uses both BFI and City services. He stated that what the City provides far exceeds anything from BFI in terms of flexibility and service; and he is glad to see the City is no longer considering getting out of the business. Mr. Peter Rugheimer, 1404 Story Mill Road, stated he uses BFI and hauls to the Logan landfill, so he knows how those systems work. He feels a transfer station is a good idea, noting the City has nearly enough in reserves to pay for the facility. He acknowledged that the tipping fees will be significantly higher at the transfer station than the $36 per ton currently charged at the landfill. He suggested that, if the tipping fees were raised today, even more revenues for the new transfer station could be generated, thus reducing the amount to be borrowed and alleviating the shock of a substantial increase in tipping fees. He suggested that an automated recycling facility be constructed whether the transfer station is constructed or not. He concluded by suggesting that if direct haul is marginally cost effective, the potential of increased fuel costs should be carefully factored into the decision making process. Ms. Karen Jennings encouraged the Commission to proceed with the transfer station as designed, noting a lot of energy has gone into that option. She is concerned about the direct haul option because she views that as simply deferring costs. She concluded by voicing her agreement with Mr. Gamble's comments. Mr. Derek Homan, 356 Greenway Court, stated that BFI customers should pay for the increased costs as well as the City's customers. He then voiced support for building the transfer station, noting that not everyone has a vehicle in which to haul trash to Logan. He noted that direct hauling to Logan will result in trash along the highway. Mr. Paul Rugheimer, 1400 Story Mill Road, stated he lived near the existing landfill for twenty years and, for the past fifteen years, has lived out of state. He has seen the transfer stations in Seattle, Washington, and Madison, Wisconsin, noting that they provide for screening of waste and recycling opportunities. He noted that many people will not want to drive to Logan with their trash, and he is concerned the result will be negative impacts on this beautiful valley. Mr. Charles Bowen, 3070 Mcllhattan Road, stated he has been involved in the solid waste issues since 2000, when the possibilities of expanding the landfill were considered and the process of siting a transfer station was undertaken. He voiced his support for a transfer station, noting that if the Commission chooses to direct haul to Logan at this time, it should not foreclose the options for a transfer station in the future. He noted that the City has acquired the right piece of property for a transfer station with its purchase of the Mandeville farm and encouraged the Commissioners to consider that issue carefully as it makes its final decision. Mr. Cort Felts, Manager of Sachs of Bozeman, voiced concern that direct hauling will cut into their business severely, and expressed his hope that he can work with the City to address the impacts that would have on their ability to support the Help Center, a crisis counseling center. Ms. Debra DeBode, 527 North Montana Avenue, drew attention to the petition against privatization, noting it contains over 1500 signatures from a wide spectrum of people. She noted that privatization is not 09-12-05 - 6 - trusted in the community, and there was overwhelming concern expressed about recycling and composting. She concluded by stating she feels direct haul is highly questionable, particularly in light of fuel costs. Ms. Kaaren Jacobson, 1110 South Third Avenue, encouraged the Commission to look at the long- term strategic plan and not opt for short-term expediency. Mr. Jon Gerster, 719 North Wallace Avenue, challenged the Commissioners to be forward thinking rather than doing what is easy. He characterized a well-done transfer station as forward thinking, highly efficient and cost effective, while direct haul is the easy choice. He asked if the Commission wants to see the corridor between Bozeman and Logan littered with garbage. He noted that, having participated in Clean Up Bozeman, he has seen how much garbage is left in alleys and on vacant lots and cautioned that adding a half-hour trip to the Logan landfill will only increase abandoned garbage. He urged the Commissioners to factor citizen convenience into their decision. Ms. Joannie Peterson, 27383 Frontage Road, stated she is not happy about the transfer station, noting it is the wrong place at the wrong time. City employee Jason Boyd noted he has worked for the City for eight years. He stated that driving two hours to dump the garbage will decrease the amount of time when they could be serving customers. He acknowledged that the front load trucks can haul more, thus reducing the number of trips and the amount of fuel used. City employee Don Derby noted the "landfill starts at my house and goes to Logan" because people don't go back and pick up the garbage that has blown out. He recognized that a transfer station will have significant upfront costs; however, he stated the direct haul option has many hidden costs that need to be considered. City employee Cliff Christie encouraged the Commissioners to consider the difference in costs over five or ten years between a transfer station and direct haul. Director of Finance Anna Rosenberry stated the fuel costs were estimated based on diesel at $3 per gallon, and it is currently $2.29 per gallon. She indicated that the fuel costs to Logan comprise approximately 6 percent of the direct haul costs. She noted that the cost estimates for the transfer station have always included contracting the haul to Logan. Solid Waste Superintendent Mark Kottwitz noted that, at the present time, the City's collection crews pick up trash that is left behind. He recognized there is a cost associated with that, and it would be significantly higher with direct haul to Logan. Commissioner Youngman voiced her agreement with those who feel a transfer station is the best choice for the community, stating she feels the lower price tag for direct haul is misleading. She also questioned whether the City can legally assess for recycling costs, which could otherwise be covered by the tipping fees at the transfer station. She then stated she does not support charging just City customers for recycling, since those city residents and county residents served by private haulers would reap the benefits of the program without bearing any of the costs. She is also concerned about the impacts on non- profit services because, even if the tipping fees at Logan were waived, those entities would incur the additional haul costs. She expressed her appreciation that BFI has offered to enter into a "put or pay" agreement. She then suggested that what makes the most sense is the creation of a composting facility, which will dramatically reduce the waste stream and result in the most cost effective long-term solution. At the present time, however, she feels that what benefits the community most is the construction of a transfer station with value engineering. She concluded by noted her hope is that tonight the Commission will confirm continued commitment to composting and recycling, with possible expansion of those programs to include the use of sewage sludge in the composting. Commissioner Krauss voiced his appreciation for staffs careful review of the numbers, noting this has provided a far more complete analysis and consideration of more factors. He noted it has also shown the City's commitment to open government. His concern is finding an equitable way to pay for the compost and recycling programs. He voiced concern that the tipping fees at the landfill have resulted in hiding of costs in the past, and he is concerned that a transfer station will provide that same opportunity. He then stressed it is important to recognize the free dumping is being subsidized by those who pay tipping fees. 09~ 12-05 - 7 - Commissioner Krauss noted the City can join the solid waste district. He stated it can also maintain its other facilities where they currently are, noting a good portion of the convenience has been the ability to dump lawn waste and compost materials for free. He then noted the cost of the transfer station is $9 million, with a additional $2 million a year in operating costs. He is not sure the City should be bearing those costs for convenience. He's also concerned that spending $9 million on a transfer station at this time could limit the City's flexibility to consider a composting facility in the future. He suggested there may be ways to maintain convenience and a drop-off site using the City's current assets while sending the packer trucks to Logan and preserving air space in the landfill. He concluded by stating his decision is based on economic sense and, as a result, he feels direct haul is the right decision because it is the least costly to implement and leaves all of the other options available. He then noted that in the 1980s, the recommendation was for the City to join the County at the Logan landfill, and that recommendation still makes sense. Commissioner Hietala stated he does not believe the direct haul alternative has to be viewed as a permanent solution, but he feels it is appropriate for at least the next couple years. He voiced his appreciation for Commissioner Krauss' stand on needing additional information on the alternative scenarios. He then noted that conversion to the direct haul option is an easy transition for continuing City services and retaining City employees who have done a credible job for residents. He recommended that, as soon as possible, all commercial and construction refuse be hauled directly to Logan and that the landfill be restricted to city resident use only. He then suggested that in the future, the City may wish to consider selling a portion of the Mandeville farm, while reserving a portion of it for a future transfer station. Commissioner Kirchhoff voiced his support for the $9 million transfer station and its operating costs, noting that it will maintain the current level of services. He stressed that no alternative is a savings unless the monies are given back to the ratepayers, and there has been no discussion on that issue. He then agreed with Commissioner Youngman's comment that not all of the costs of current programs are reflected in the direct haul figures and stressed that the result of approving that option is less service. He cautioned that direct haul will increase pOllution and trash strewn throughout the community, and he believes there will be more ripple effects, including impacts on the disposal of tree trimmings and Christmas trees. He concluded by stating he does not view direct haul as a viable long-term solution and once again expressed his support for the construction of a transfer station at this time. Mayor Cetraro noted that if it the competitor offers the same services but at less cost, a business will not remain in business for long. He stated the City's business plan for the solid waste services would not stand up at this time, and he believes a short delay while direct hauling is implemented could serve the program well in the long term. He then noted he strongly supports keeping a convenience facility open for city residents and maintaining the recycling and composting programs currently in place. Commissioner Krauss noted that for half of the city, the increased cost that would result from construction of a transfer station would be $7 per month, which reflects the idea that someone else is paying for the programs that those on City services value. He views this as an opportunity to not spend monies and to still do a better job investigating equitable and community-wide solutions. City Manager Kukulski stated that if direct haul is determined to not be the best option in a year, then this issue can be revisited. He reminded the Commission that today the City is spending $350,000 gross on recycling and composting. City Attorney Luwe stated that, depending on the Commission's direction, staff will bring back the appropriate implementing documents for Commission action, at which time an opportunity for public comment must be provided. Solid Waste Superintendent Mark Kottwitz stated that, depending on the Commission's action, staff will need to amend its operations plan with the State and obtain its approval. He noted that encompasses hours of operation and any restrictions on who may use the facility. He also asked the Commissioners to identify whether only city residents are to be allowed to use the landfill under restricted usage and whether any limited amount of construction material is to be accepted. It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the Commission authorize building the transfer station as bid, taking advantage of any appropriate cost reductions as identified by consultants, identified through value added engineering and other reductions identified by staff; direct staff to negotiate put or pay agreement with SFI for use of the transfer station; and reaffirm its full commitment to recycling and composting, planning for significant increases in both 09-12-05 - 8 - composting and recycling. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Youngman and Commissioner Kirchhoff; those voting No being Commissioner Hietala, Commissioner Krauss, and Mayor Cetraro. It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that, as soon as possible, use of the City landfill be restricted to city residential customers only, with commercial haulers and those with construction waste no longer allowed to use the facility, with thus extending the life of the landfill; and direct staff to develop an appropriate schedule of landfill operations to break even, giving a suitable period of notification not to exceed two weeks. It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the motion be amended to include a commitment to maintain the full current recycling and composting services, to explore how to increase those services, to continue waste oil disposal services, and to begin exploring the best alternatives for solid waste disposal. The amendment failed by the following Aye and No vote: those voting Aye being Commissioner Youngman and Commissioner Kirchhoff; those voting being Commissioner Hietala, Commissioner Krauss, and Mayor Cetraro. The main motion then carried by the following Aye an No vote: those voting Aye being Commissioner Hietala, Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, and Mayor Cetraro; those voting No, none. It was moved by Commissioner Krauss, seconded by Commissioner Hietala, that Option Nos. 1, 2 and 4 be eliminated from further consideration and that staff be directed to bring back the document necessary to limit use of the City's landfill, that staff be directed to develop a business plan under which the City's solid waste collection service may compete effectively with private haulers, and that staff be directed to enter into discussions with the County's Solid Waste District Board to explore the possibility of joining the district. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Hietala, and Mayor Cetraro; those voting No being Commissioner Youngman and Commissioner Kirchhoff. It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the City continue its full current commitment to recycling, including composting, white goods and waste oil disposal, explore ways to provide regular hazardous waste disposal opportunities, identify ways to expand and improve recycling opportunities, and identify equitable funding of those programs. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, and Mayor Cetraro; those voting No, none. Break -10:07 to 10:15 p.m. Mayor Cetraro declared a break from 10:07 p.m. to 10:15 p.m., in accordance with Commission policy. Preliminary plat for minor subdivision - subdivide 0.73 acres located at 620 East Cottonwood Street into two mixed use lots - ThinkTank Desi~m Group, Inc., for Mill District Partners. LLC (P-05027) This was the time and place set for the public hearing on the preliminary plat requested by ThinkTank Design Group, Inc., for Mill District Partners, LLC, under Application No. P-05027, for a preliminary plat to subdivide an 0.73-acre site described as Lots 6 through 14, Block 106, Northern Pacific Addition, into two mixed use lots. The subject property is more commonly known as 620 East Cottonwood Street. Public hearing. Mayor Cetraro opened the public hearing. Planner Susan Kozub presented the staff report. She noted the applicant proposes to create two lots, with a shared access and parking lot. The applicant is proposing diagonal parking on East Cottonwood Street. She indicated that two letters expressing concern about traffic on North Wallace Avenue have been received and were included in the packets. 09-12-05 - 9 - The Planner stated that staff has reviewed the application in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. Based on those findings, staff has forwarded a recommendation for approval, subject to several conditions. Mr. Eric Nelson, ThinkTank Design, noted that this subdivision allows for the site plan that is the subject of the next agenda item. He stated additional access easements are to be provided across the rear of the property to ensure safe ingress and egress. He then recognized that angle parking is unique in Bozeman, and suggested it would be appropriate in this area since East Cottonwood Street is a local street and not a through street. He concluded by voicing concurrence with the staff report and a willingness to respond to questions. Responding to Commissioner Youngman, Mr. Nelson stated that the reasons for the wider sidewalk will be more evident with the site plan. He noted, however, that the intent is to create a wider area for pedestrians, similar to the downtown, that will support the proposed commercial mixed use development. Mr. Dan Guggenheim, 418 North Wallace Avenue, stated the neighborhood concerns revolve around traffic impacts from this project. He then indicated that he will submit his comments relating to the specific project during the next public hearing. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision. It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the preliminary plat requested by ThinkTank Design Group, Inc., for Mill District Partners, LLC, under Application No. P-05027, for a preliminary plat to subdivide an 0.73-acre site described as Lots 6 through 14, Block 106, Northern Pacific Addition, into two mixed use lots be approved subject to the following conditions: 1. The final plat must include a shared access and parking easement. 2. All references to Cottonwood Street as a "collector street" shall be changed to a "Iocal street." 3. The final version of the Declaration of Covenants and Restrictions will be subject to review and approval by the Planning Department. Regarding the draft covenants and Restrictions, the following changes shall be made: a. The listed uses under Article 1 and throughout the document shall be updated to match the those shown on the proposed floor plans. b. References to the basements shall be clarified as only accessory storage for the residential uses. c. The following language shall be added to the covenants: "In the case of a discrepancy between these covenants and the adopted City land use regulations, the more restrictive shall apply except where deviations have been specifically granted." d. The covenants shall address maintenance of open space in more detail. e. All typos, grammatical errors, etc. shall be corrected. 4. A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease, and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer. The master plan must depict the maximum sized retention/detention basin location, and locate and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin sites, drainage ways, and lot finished grades), typical stormwater retention/detention 09-12-05 - 10- basin and discharge structure details, basin sizing calculations, and a stormwater maintenance plan. A stormwater 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. Detailed review of the final grading and drainage plan and approval by the City Engineer will be required as part of the infrastructure plan and specification review process. 5. The developer's engineer will be required to prepare a comprehensive design report evaluating existing capacity of water and sewer utilities which must be provided to and approved by the City Engineer. The report must include hydraulic evaluations of each utility for both existing and post-development demands. The report findings must demonstrate adequate capacity to serve the full development. The report must also identify the proposed phasing of water and sewer construction. If adequate water and/or sewer capacity is not available for full development, the report must identify necessary water system and sewer system improvements required for full development. The developer will be responsible to complete the necessary system improvements to serve the full development. 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 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. 6. The location of and distinction between existing and proposed sewer and water mains and all easements shall be clearly and accurately depicted on the plans and specifications, as well as all nearby fire hydrants and proposed fire hydrants. Any existing service lines that will not be utilized by this development must be properly abandoned according to city standards. 7. At a minimum, City standard sidewalk shall be installed and properly depicted at the standard location (i.e., 1 foot off property line) along the street( s) frontage that does not already have sidewalk. A public access easement shall be provided for any sidewalk that is not located within the right-of-way. 8. The entire alley south of the subdivision shall be paved. 9. Provide an easement for an additional 4 feet along the alley unless otherwise approved by the Director of Public Safety. 10. Curb and gutter will be required on the north side of Cottonwood Street at the time of the street construction. 11. A detailed traffic study will be required for this minor subdivision. 12. Please provide details/typical sections for curb and gutter, sidewalk, drive approaches, and road sections. 13. The parking area labeled "Mill Street" shall be removed. At this time this is only a parking lot and not a dedicated public street. 14. Plans and specifications for streets and storm drainage facilities, prepared and signed by a professional engineer (PE) registered in the State of Montana shall be provided to and approved by the City Engineer. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Construction shall not be 09-12-05 - 11 - initiated on the public infrastructure improvements until the plans and specifications have been approved and a preconstruction conference has been conducted. No building permits shall be issued prior to City acceptance of the required infrastructure improvements. 15. Project phasing shall be clearly defined on the infrastructure plans and specifications including installation of infrastructure. 16. The location of mailboxes shall be coordinated with the City Engineering Department prior to their installation. 17. 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. 18. The Montana Department of 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 (i.e., 310, 404, turbidity exemption, etc.) shall be obtained prior to plan and specification approval. 19. If construction activities related to the project result in the disturbance of more than 1 acre of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality may need to be contacted by the applicant to determine if a Stormwater Discharge Permit is necessary. If a permit is required by the State, the developer shall demonstrate to the City full permit compliance. 20. Applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special I mprovements Districts (SI Os) for the following: a. Street improvements to North Rouse Avenue including paving, curb/gutter, sidewalk, and storm drainage (unless currently filed with the property). The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, Commissioner Youngman, and Mayor Cetraro; those voting No, none. Site Plan with Certificate of Appropriateness to allow demolition of existina structure and construction of two new commercial/residential mixed use buildinas at 620 East Cottonwood Street. with deviations from Sections 18.20.020 and 18.24.020. Bozeman Municipal Code, to allow residential uses to OCCUDV more than 50 percent of aross floor area: from Section 18.24.040, to allow lot coveraae to exceed 40 Dercent: from Section 18.24.050. to allow buildina and parkina to encroach UD to 18 feet into reauired 20-foot front vard setback: and from Section 18.24.050. to allow buildina and parkina to encroach UP to 4 feet into reauired 5-foot allev setback - ThinkTank Desian Group, Inc., for Mill District Partners. LLC (Z-05162) This was the time and place set for the public hearing on the site plan with Certificate of Appropriateness to allow demolition of the existing structure on an 0.73-acre site described as Lots 6 through 14, Block 106, Northern Pacific Addition. and construction of two new commercial/residential mixed use buildings with a total of approximately 7,036 square feet of leasable commercial space and 13 residential condominiums, with the following deviations from the Bozeman Municipal Code: from Sections 18.20.020 and 18.24.020, to allow residential uses to occupy more than 50 percent of the gross floor area; from Section 18.24.040, to allow lot coverage to exceed 40 percent; from Section 18.24.050, to allow the building and parking to encroach up to 18 feet into the required 20-foot front yard setback; and from Section 18.24.050, to allow the building and parking to encroach up to 4 feet into the required 5-foot alley setback. The subject property is more commonly known as 620 East Cottonwood Street. 09-12-05 - 12 - Public hearing. Mayor Cetraro opened the public hearing. Planner Susan Kozub presented the staff report. She noted the applicant is seeking deviations in conjunction with redevelopment of the Molerway site, including the construction of two new buildings. She highlighted the overall site layout, which includes a shared driveway and drive aisle and adequate parking. East Cottonwood Street and the alley are to be improved in conjunction with the development. The Planner noted that the applicant is proposing 18,938 square feet of residential use, with a portion of the parkland requirement to be met through rooftop gardens and the remainder to be an off-site dedication or cash-in-lieu payment. The Planner noted that staff has evaluated the design of each building, with the only recommended change being the roofline on the four projecting elements. She indicated that concerns expressed by the public include the overall height in relation to the rest of the neighborhood, the requested deviations, and compatibility of the project. The Planner stated that staff has reviewed this application in light of the applicable criteria, and staffs comprehensive findings are contained in the written staff report. Based on those findings, staff has forwarded a recommendation for approval, subject to conditions. Mr. Eric Nelson, ThinkTank Designs, stated his team has been looking for an appropriate place to create an infill development prototype rather than contributing to the sprawl being felt by the valley. He noted this is a unique area, with lots of unique characteristics and a zoning designation that promotes the mix of uses. This project includes a mix of commercial and residential uses, and the requested deviations allow for an infill project that fulfills the goals and objectives of the growth policy. Mr. Nelson turned his attention to each of the specific deviations, noting that both buildings take advantage of the roof space. This reduces the amount of stormwater run-off significantly and provides more green space for the residential development on the top floor. He indicated that the deviation to the setbacks allows for a new type of street section that fills multiple goals, including traffic calming. He suggested this truly mixed use development contributes to the vitality of the project as well as to the neighborhood. It provides opportunities for alternative types of housing and accessibility to transportation. He cautioned that if the deviations are not approved, the applicant loses the ability to provide a successful project. Responding to Mayor Cetraro, Mr. Nelson indicated that the application includes a concept of how this project could interconnect with other projects in the area rather than being considered in isolation. He stressed, however, that the application is for this specific project only. Mr. Dan Guggenheim, 418 North Wallace Avenue, stated he is generally in support of this application, but has forwarded written comments with recommended conditions for addressing traffic impacts to the adjacent residential neighborhood. He noted there are nearly 2,000 vehicles on North Wallace Avenue per day, and at least 50 percent are thought to be cut through traffic, with 3 percent being trucks. In light of that traffic volume, he asked that Phase III of the traffic calming program for North Wallace Avenue be advanced as a condition for this development if it is determined appropriate after evaluation. He indicated this will give the applicant an opportunity to do something good for the neighborhood. He concluded by expressing his support for the project. Mr. Paul Sanford, 413 North Wallace Avenue, noted he has submitted a letter regarding traffic issues, including a lot of the concerns expressed by Mr. Guggenheim. He acknowledged that the traffic from this project will be local traffic, but is being added to an already heavy traffic volume. He would like to see the developer show good will and support the neighborhood's efforts. He indicated his general support for the project, stating that he thinks it is good and commended the applicant for an infill project that does not contribute to the sprawl being felt by the area. Ms. Jeanne Wesley Wiese, 707 North Wallace Avenue, expressed her agreement with Mr. Guggenheim's comments regarding traffic. She then stated she could not support this project if the City accepted cash-in-lieu instead of parkland. She voiced appreciation for the concept of rooftop gardens, but she wants the City to find a way to provide open space in the area. Ms. Sandy Nichols, 425 East Cottonwood Street, spoke on behalf of a homeowner who has lived in the area in excess of thirty years but was unable to attend this meeting. She noted the residents have spent time and money to comply with restrictions set by the City and asked that the developer be required 09-12-05 - 13 - to comply with those restrictions as well. She noted the homeowner is dismayed and concerned about the increased density in this project and the change of character that will result. She concluded by forwarding the homeowner's opposition to this project. Mr. Jon Gerster, 719 North Wallace Avenue, echoed the traffic concerns previously identified. He noted that great progress has been made in recent years to implement traffic calming, and those efforts need to continue. He noted the developers have been open to suggestions, shared information and been cooperative, and he hopes to see that continue in the future. He characterized the issue of cash-in-lieu of parkland as a sore SUbject with the neighborhood, and asked that any monies generated from that source be kept in the neighborhood. He indicated general support for the project, but asked that the traffic impacts and parkland issues be addressed prior to the decision. He is encouraged that people want to reinvest in the northeast quadrant of the community, but asked that the project be carefully considered so it doesn't result in negative impacts on the area. Mr. Paul Wiese, 707 North Wallace Avenue, voiced support for all of the comments regarding traffic mitigation and strongly encouraged that the monies dedicated to open space and parkland be kept in the neighborhood and used for open space development or a small neighborhood park. Mr. Robert Pavlick, 720 Front Street, noted the northeast sector is a single-family neighborhood, and it will be inundated with traffic from this multi-family and mixed use development, which is just the first phase for these developers. He encouraged the Commissioners to walk through the area and look at its current character. Mr. Eric Nelson indicated he agrees with many of the comments made. He recognized this project will make a contribution to the traffic volume, and noted that a look at the quality and type of traffic from this development, which is not trucks. Further, he suggested many of the residents will walk in the neighborhood rather than drive. He indicated the development group has taken special steps to engage the neighborhood. He stressed that this area has grown over the last 100 years and, as a result, has changed dynamics several times. He suggested this project will not necessarily cause problems, but he is happy to work with the neighbors. He feels the staff recommendations regarding traffic are appropriate, and he is willing to participate with the neighbors in finding equitable solutions. He suggested that the creation of an urban renewal district will help to address many of the concerns that have been expressed in this public hearing. Mr. Nelson turned his attention to the open space issues and parkland dedication, noting that infill development generally has a problem providing the parkland required. In this case, he noted the staffs suggestion is that a small piece of property only a couple blocks from this site be considered for a pocket park. He indicated that he would like to see the monies stay in the area and benefit the area even though the code does not require that. He acknowledged that people are resistant to change and stressed it is his responsibility to make the change positive for the neighborhood and the community. Regarding the deviations, he noted that each project is considered on a case-by-case basis, and he feels the deviations requested are appropriate. He concluded by stating there is no residential development adjacent to this site, so new residential is being introduced to this site. Commissioner Youngman suggested that Condition NO.1 be revised to add the phrase "in the neighborhood". Mr. Nelson cautioned that, as an infill project, it may be impossible to fulfill that restriction. He noted that, while he would like to create a tot park, he is not sure a parcel would be available. He concluded by stating he is open to the possibility of creating a small park or finding a larger parcel that would be appropriate for parkland in the area that could be financed through cash-in-lieu payments for this project and other future projects in the immediate area. Planner Kozub suggested that, in light of neighborhood concerns that cash-in-Iieu monies were recently earmarked for a project south of East Main Street, the Commission may wish to specify that the monies from this project would be expended in an area north of East Main Street, south of 1-90, and east of North Rouse Avenue. Responding to Commissioner Youngman, Planner Kozub stated that City staff has reviewed this proposal and, overall, didn't feel this project warranted triggering the Phase III traffic calming on North Wallace Avenue. 09-12-05 - 14 - Commissioner Kirchhoff recognized that the Commission reviews site plans on an individual basis, looking at the anticipated traffic volumes for each. He acknowledged that incremental approach is generally fine; however, in this instance, he suggested a sub-area plan to identify anticipated projects might be appropriate. Responding to Commissioner Kirchhoff, Planning Director Epple stated that the Engineering staff looked at this application and felt the transportation plan includes this neighborhood and that no additional traffic analysis is needed beyond what is already underway in conjunction with the traffic calming project. He then noted the City Engineer and Project Engineer felt that the traffic calming would proceed to Phase III in its normal course and that there was no need to advance it. Further responding to Commissioner Kirchhoff, Planner Kozub stated a sub-area plan typically includes issues such as street layout, and staff typically wants to see such a plan in conjunction with a large project. She is unsure what would be gained by a sub-area plan in this instance. Responding to Commissioner Hietala, Planner Kozub stated that no parkland dedication is required for condominiums, only open space. Responding to Commissioner Krauss, the Planning Director confirmed that the open space could be deeded to the City as parkland if the Commission chose to require that. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision. Mayor Cetraro voiced his support for the project, stating he believes it will help stimulate this neighborhood. He feels the traffic and parkland issues can be adequately addressed and supports the staff's recommendations. Commissioner Krauss stated he has no problem with accelerating the implementation of Phase III of traffic calming on North Wallace Avenue in conjunction with this project, particularly in light of the input received from residents along that street. Commissioner Kirchhoff acknowledged the concerns of residents along North Wallace Avenue, but stated he is not supportive of taking a step that staff is not ready to do. He recognized the Commission's intentions may be right; however, he cautioned that recent experiences show the outcomes may not be right. In response to Commissioner discussion, Planner Kozub asked how the Phase III traffic calming improvements would be tied to this project and at what step in the process. It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the site plan with Certificate of Appropriateness to allow demolition of the existing structure on an 0.73-acre site described as Lots 6 through 14, Block 106, Northern Pacific Addition, and construction of two new commercial/residential mixed use buildings with a total of approximately 7,036 square feet of leasable commercial space and 13 residential condominiums, with the following deviations from the Bozeman Municipal Code: from Sections 18.20.020 and 18.24.020, to allow residential uses to occupy more than 50 percent of the gross floor area; from Section 18.24.040, to allow lot coverage to exceed 40 percent; from Section 18.24.050, to allow the building and parking to encroach up to 18 feet into the required 20-foot front yard setback; and from Section 18.24.050, to allow the building and parking to encroach up to 4 feet into the required 5-foot alley setback, be approved subject to the following conditions: 1. Prior to final site plan approval, the applicants must indicate specifically how the open space required by Section 18.34.090 will be provided in the neighborhood north of East Main Street and east of North Rouse Avenue, and partial cash-in-Iieu being accepted only for improvement of parks in that area. 2. The following additional language shall be added to or edited within the comprehensive sign plan: "All signage requires a City Sign Permit prior to the manufacturing and installation of any signage" and "Backlit signage is prohibited." 09-12-05 - 15 - 3. The final site plan shall include floor plans for the proposed basements and a note that the basements may only be used for accessory residential storage. 4. Prior to final site plan approval, the applicants shall submit a color palette for the buildings including material samples and color chips subject to review and approval by the Planning Department. 5. All street trees must obtain a street tree permit and are subject to review and approval by the Forestry Division. 6. The applicant shall obtain a demolition permit from the Building Department, prior to the initiation of any demolition. Said demolition permit shall be obtained within one year of Certificate of Appropriateness approval or this approval shall become null and void. 7. The final site plan shall be adequately dimensioned. A complete legend of all line types used shall also be provided. 8. 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. 9. 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). If snow is to be trucked to a non-adjacent lot an operation plan and route map must be submitted. 10. Drive approach and public street intersection sight triangles shall be free of plantings which at mature growth will obscure vision within the sight triangle. 11. 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 professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. If the fire service stub is not utilized the owner must abandon the line at the main. 12. All trees must be at least ten (10) feet from any public utilities or service lines. Public utilities and services lines must be shown on the final landscaping plan. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, and Mayor Cetraro; those voting No, none. Authorize Citv Manaaer to sian - Aareement with Dou~ Johnson for neQotiation of cable television franchise aareement: contingent upon Mr. Johnson executinQ aQreement City Manager Kukulski stated it's now time to figure out whether the City wants to work with Bresnan with or without Mr. Johnson. He noted the agreement can be severed if the Commission determines it does not wish to proceed with a franchise agreement. He then noted that a letter from Bresnan Communications has been presented to the Commission, indicating their interest in working directly with the City. He stressed that an agreement is not about fees, but about ways to team up and improve communications with the citizens. Commissioner Kirchhoff stated he has always been supportive of entering into the agreement with Mr. Johnson to negotiate a franchise agreement, and his position has not changed. 09-12-05 - 16 - Mayor Cetraro stated he feels that the City can get the room wired and the meetings televised without a franchise agreement. In light of Bresnan's willingness to negotiate, he feels the City can do so without assistance at this time, and can reconsider the decision if the result is not satisfactory. Commissioner Hietala voiced his concurrence with the Mayor's comments, suggesting that Mr. Johnson could possibly assist with developing the kind of programming that would benefit the community. Commissioner Krauss noted that City staff does not have the expertise to negotiate the agreement it desires. As a result, he is interested in entering into an agreement with Mr. Johnson that generates the desired agreement for broadcasting City meetings without a franchise fee. Commissioner Youngman noted that citizen committees have studied this issue three times, and the results have all been the same--a franchise agreement. She cautioned there are things the company will not do without a negotiated franchise agreement. She noted those may include assistance with taping and editing the meetings and programming by local emergency responders. Commissioner Krauss responded he wants a simpler approach that results in getting government meetings and information televised, and he feels Mr. Johnson can help achieve that goal. He then recommended that the Commission authorize the City Manager to sign the agreement with Mr. Johnson for negotiating an agreement, but not a franchise agreement. Mr. Mike Oswald, Bresnan Communications, stated the company is committed to providing a channel for televising of Commission meetings. He then noted that, with this commitment, a long-term document is not needed; rather, he suggested a two-paragraph document that provides for completion of the project by a date specific would be adequate. It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that City Manager Kukulski be authorized to sign and Agreement with Tel-Mart, Inc., for negotiation of an agreement for cable television. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, and Commissioner Hietala; those voting No being Mayor Cetraro. Public comment No public comment was received under this agenda item. Informal review - Crestview Apartments in Cattail Lake Subdivision - consistina of approximatelv 358 dwellina units on 42 acres located northeast of future intersection of Davis Lane and Catamount Street (1-05022) Included in the Commissioners' packets was a memo forwarding the application for informal review and issues identified during review of the application. Planning Director Andy Epple gave an overview of the project on behalf of Contract Planner Lanette Windemaker. He noted that this proposal is for 358 dwelling units at an average density of 8.5 units per acre. He stated this would require IR-4" zoning to accomplish, and the property is currently approved for IR-3" zoning. He identified the extension of open space and trails from Phase III of Catttail Creek Subdivision through this property as issues identified by staff. He noted the applicant proposes tapering of the linear park, opening it up around the lake, and is seeking feedback on whether that meets the conditions of annexation. Another condition of annexation is to ensure diversity of housing types and net density achieved. Under this application, there are four-unit townhomes, 1 O-unit apartment buildings and 12-unit apartment buildings. He is pleased the applicant has picked up on ideas to improve the project, including the creation of a parkway road system rather than buildings cutting off the lake from the remainder of the area. Mr. Ken Smith, architect for the applicant, stated the proposal is to create a multi~family property in a park-like setting with a variety of both large-scale and small-scale buildings and open spaces. The goal is to create a functional, welcoming, comfortable atmosphere with increased amenities, open space, density and affordability. He noted that the subject 42-acre site includes 1 O~ acres of pond and creek and 18~ 09-12-05 - 17 - acres of open space and park, leaving just under 23 acres to develop. He projected that the project will take two to three years to complete, and is to include a variety of one, two, and three-story structures containing four to twelve units each. He noted there are to be six or seven building designs and a variety of colors and architectural accents. Mr. Scott Hacker, one of the principals in the project, recognized this is a little different project for Bozeman. He noted it is designed to provide affordability of housing, meeting one of the community's housing needs. One-half of the units are to be accessible or adaptable. He then highlighted the elevations of the buildings and the amenities to be provided, including pool, spa, exercise room, playground, and water feature. Responding to Commissioner Krauss, Mr. Smith stated the School District owns the adjacent parcel and is not willing to grant an easement to extend the road. He then indicated that no major thoroughfare is proposed through the development, just access points. Mayor Cetraro noted that connectivity was an issue in the previous review and indicated his preference for that proposal. Commissioner Youngman voiced her agreement with the staff report, noting she has problems with a completely multi-family development without any single-family households interspersed. She cautioned that solely multi-family developments are the ones that give the community the most problems. Mr. Hacker stated there is single-family residential development to the south and commercial development to the east. As a result, he believes this project adds diversity to the quadrant. Responding to Commissioner Hietala, Mr. Hacker stated this is to be a market rate project, not a low-income project. Commissioner Hietala stated he finds this is an attractive project with an upscale appearance. Responding to Commissioner Kirchhoff, Mr. Hacker stated there are to be sidewalks, noting the street widths are adequate to accommodate parking and sidewalks. He then indicated that this plan protects as much of the wetlands as possible. Commissioner Kirchhoff voiced his preference for a more neighborhood oriented grid street design. He noted support for the parkway street along the water, and suggested that a regular block be moved toward the lake. He expressed disagreement with the idea of diversity, suggesting the opportunity for single-family units should not be excluded. He does not like the enclave feeling that results from this proposal, noting that it is as important to meet people on the street or the sidewalk as in the pool or exercise room. Mr. Hacker stated it is difficult to mix single-family residences in with multi-family units. He cautioned that adding single-family units to a multi-family complex would result in the loss of amenities that are attractive to tenants. Commissioner Krauss stated it is hard to separate this proposal from the subdivision that was not approved. He noted that regularity of street rhythms was requested, and a variance for block lengths was not approved. He compared this proposal to the Greentree Apartments and indicated he cannot support it because it does not reflect the type of development he feels is appropriate for this community. Mr. Smith noted this proposal includes 34 or 35 percent lot coverage, with the remainder being open. He stressed that this exceeds the code requirements for open space. Commissioner Kirchhoff responded the issue is about design. He noted that the sense of neighborhood and continuity of streets has become the standard in new developments, and acknowledged that parking in multi-family projects is always a headache. He expressed a desire to extend the neighborhood fabric, noting that this project clashes with the community's goal of having houses front on the streets. He concluded by voicing his interest in more diversity of housing types, allowing for both owner- occupied units and rentals. Commissioner Krauss stated he does not support this proposal. 09-12-05 - 18 - Responding to Mr. Hacker, Commissioner Kirchhoff stated that Cattail Creek Subdivision has become better in its later phases, and now reflects a pattern of fairly regular block lengths and widths, orientation of homes and coherent use of trail corridors. He then encouraged the applicant to look at Baxter Meadows Subdivision and Valley West Subdivision. Mr. Hacker responded that to decrease the number of units results in making the project not feasible economically. Responding to Mr. Smith, Commissioner Youngman stated she would support large size apartment buildings in a project that is largely multi-family. She noted there must, however, be a way to establish buildings in reference to streets and to appropriately blend the larger buildings with smaller buildings, such as duplexes and tri-plexes, while achieving the density desired. Commissioner Krauss noted this project looks so different from other developments recently approved. He voiced concern that, if it is not modified to look more like other new construction, the result will be a project in an isolated area that is not economically feasible. Mr. Hacker asked if the Commission would give more favorable consideration to a proposal that includes single-family homes mixed with multi-family development and a more gridded street system. The Commissioners suggested that the applicant work with staff, noting that they are generally supportive of staff comments on informal applications. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1 ) Memo from Superintendent of Facilities and Lands James Goehrung, dated September 9, forwarding the letter to landowners regarding encroachments into the parkland in New Hyalite View Subdivision. (2) Announcement of new employees in offices for Morrison-Maierle. (3) Copy of the letter from the Montana Department of Environmental Quality, dated August 30, announcing approval of the license for the City's Class II transfer station, along with a listing of the specific license conditions. (4) Note from Larry and Bev Wallace encouraging the City to retain its garbage collection service. (5) Letter from Sara Goulden, dated September 5, expressing support for Tracy Velazquez's proposal to transfer the $4 million for the parking garage to Hurricane Katrina relief. (6) Updated listing of planning projects to be considered at upcoming Commission meetings, dated September 7. (7) Notes from the Bozeman Area Bicycle Advisory Board meeting held on August 2, 2005. (8) Minutes from the Board of Health meeting held on July 28, 2005. (9) Agenda for the School District NO.7 Board of Trustees meeting to be held at 7:00 p.m. on Monday, September 12, at the Willson School. (10) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, September 13, at the Courthouse. (11 ) Agenda for the Gallatin County Planning Board meeting to be held at 6:30 p.m. on Tuesday, September 13, at the Courthouse. 09-12-05 - 19 - (12) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Wednesday, September 14, at the Professional Building. (13) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Wednesday, September 14, at the Professional Building. (14) Assistant City Manager Ron Brey noted that Planning staff held a training session on cash-in- lieu of parkland issues, and that staff and the Recreation and Parks Advisory Board have been grappling with this issue and developing a recommendation to the Commission. He noted the bottom line is that staff cannot support the cash-in-lieu option until a fairer value is generated under this option. (15) Assistant City Manager Brey announced the organizational meeting of the Northeast tax increment financing group scheduled for tomorrow night. He asked if the Commission wishes to have a liaison to this group; Commissioner Youngman voiced an interest in serving in that capacity. (16) City Manager Kukulski reported on the last mediation session on the Rouse Avenue sewer main project. He cautioned that the City made a deal with this company on the last project and found that it did. not payoff. He noted the mediator indicated he had not seen such divisiveness in a mediation session. City Attorney Luwe characterized this as the pre-step to litigation. (17) City Manager Kukulski apologized for the headline in the newspaper over the weekend. (18) Commissioner Krauss noted that he gave everyone a "frequently asked questions" sheet on the proposed take-over of the power company and briefly highlighted some of the key issues. Adiournment - 12:49 a.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye bein Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, Commissioner Youngman a ayor Cetraro; those voting No, none. AN ATTEST: ~y~ R L. SULLIVAN Clerk of the Commission 09-12-05