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HomeMy WebLinkAbout2005-09-06 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA September 6, 2005 ***************************** The Commission of the City of Bozeman met in regular session in the Community Room, Gallatin County Courthouse, 311 West Main Street, on Tuesday, September 6,2005, 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, Director of Public Service Debbie Arkell, Director of Finance Anna Rosenberry, Director of Public Safety-Police Mark Tymrak, Planning Director Andy Epple, Director of Public Safety-Fire Chuck Winn, City Attorney Paul Luwe and City Clerk Robin Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Minutes - March 21, June 6, Julv 5, Julv 11, Julv 18, Auqust 1, August 8 special, Auqust 8 work session, Auqust 15, Auqust 22 and Auqust 29, 2005 Mayor Cetraro deferred action on the minutes of the meetings of March 21, June 6, July 5, July 11, July 18, August 1, August 8 special, August 8 work session, August 15, August 22 and August 29, 2005, to a later date. Consent Items City Manager Kukulski presented to the Commission the following Consent Items. Commission Resolution No. 3840 - creatinq the Impact Fee Advisorv Committee and establishinq its composition COMMISSION RESOLUTION NO. 3840 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, ESTABLISHING THE COMPOSITION OF THE IMPACT FEE ADVISORY COMMITTEE REQUIRED BY STATUTE. Authorize City Manager to siqn - Annexation Aqreement with Snowload LLC - 37.743 acres Ivinq alonq north side of Bridqer Drive, immediatelv northeast of Headlands Subdivision (Creekwood Annexation) Commission Resolution No. 3841 - annexing 37.743 acres lying along north side of Bridqer Drive. immediatelv northeast of Headlands Subdivision COMMISSION RESOLUTION NO. 3841 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, PROVIDING FOR THE ANNEXATION OF A CERTAIN CONTIGUOUS TRACT OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OFTHE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT. Ordinance No. 1647 - establishinq initial municipal zoninq designations of "R-1", Residential-Sinqle-household, Low-densitv, on :1:4.8 acres and "R-S", Residential-Suburban, on +33 acres Ivinq alonq north side of Bridqer Drive, immediatelv northeast of Headlands Subdivision: provisionally adopt and brinq back in two weeks for final adoption 09-06-05 - 2 - ORDINANCE NO. 1647 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP AND ESTABLISHING AN INITIAL MUNICIPAL ZONING DESIGNATION OF "R-1" (RESIDENTIAL SINGLE-HOUSEHOLD, LOW DENSITY DISTRICT) ON 4.8:!:: ACRES AND "R-S" (RESIDENTIAL SUBURBAN DISTRICT) ON 33:t ACRES LOCATED IN E1f2 SE% OF SECTION 32, T1 S, R6E, PMM, GALLATIN COUNTY, MONTANA. Ordinance No. 1648 - amendinq the zoninQ desiqnation from "R-S'" Residential- Suburban, to "R-O", Residential-Office, on 10 acres IvinQ alonQ west side of Haqqertv Lane, south of its intersection with Ellis Street: provisionallv adopt and bring back in two weeks for final adoption ORDINANCE NO. 1648 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP FROM R-S (RESIDENTIAL SUBURBAN DISTRICT) TO R-O (RESIDENTIAL OFFICE DISTRICT) ON 10 ACRES, ON PROPERTY DESCRIBED AS A PORTION OF TRACT 3 OF CERTIFICATE OF SURVEY NO. 2047, LOCATED IN THE NORTHEAST ONE-QUARTER OF SECTION 17, TOWNSHIP 2 SOUTH, RANGE 6 EAST, PRINCIPAL MERIDIAN MONTANA, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. Ordinance No. 1649 - amendinq the zoninq desiqnation from "R-3", Residential- Medium-densitv, to "R-4", Residential-Hiqh-densitv, on 10.13 acres at the southeast corner of the intersection of West Oak Street and North 14th Avenue: provisionallv adopt and brinQ back in two weeks for final adoption ORDINANCE NO. 1649 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP FROM R-3 (RESIDENTIAL MEDIUM DENSITY DISTRICT) TO R-4 (RESIDENTIAL HIGH DENSITY DISTRICT) ON 10.13 ACRES, ON PROPERTY LOCATED IN THE NE%, SW1fiI, SECTION 1, T2S, R5E, PMM, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. Commission Resolution No. 3842 - set public hearinq on application from Venture Center. Inc.. dba TechRanch, for tax reduction for orqanization enqaqed in economic development and business assistance throuqh business incubator for October 3, 2005 COMMISSION RESOLUTION NO. 3842 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING A PUBLIC HEARING TO HEAR PUBLIC COMMENT ON THE APPLICATION OF VENTURE CENTER, INC., (DBA TechRanch) FOR TAX REDUCTION UNDER SECTION 15-24-1801, ET SEa, MONTANA CODE ANNOTATED. Commission Resolution No. 3843 - adoptinq the IAFF (International Association of Firefiqhters) Nationwide Deferred Compensation Plan for voluntarv participation of all eliqible employees and elected officials COMMISSION RESOLUTION NO. 3843 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING THE IAFF NATIONWIDE DEFERRED COMPENSATION PROGRAM AND ESTABLISHING THE CITY OF BOZEMAN DEFERRED COMPENSATION PLAN FOR VOLUNTARY PARTICIPATION OF ALL ELIGIBLE EMPLOYEES AND ELECTED OFFICIALS. 09-06-05 - 3 - Commission Resolution No. 3844 - appropriation resolution for Fiscal Year 2005-2006 COMMISSION RESOLUTION NO. 3844 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, APPROPRIATING FUNDS FOR VARIOUS BUDGET UNITS, AND FURTHER ESTIMATING REVENUE NECESSARY TO OPERATE AND MAINTAIN SERVICES OF MUNICIPAL GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 2006. Commission Resolution No. 3845 - settinQ mill levies for Fiscal Year 2005-2006 COMMISSION RESOLUTION NO. 3845 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, ESTABLISHING AND AFFIXING THE NUMBER OF MILLS TO BE CHARGED AGAINST THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY SITUATED WITHIN THE CORPORATE JURISDICTIONAL BOUNDARIES OF THE CITY FOR FISCAL YEAR 2005- 2006. Request for modification of conditions for loan from CDBG Economic Development RevolvinQ Loan Fund for Apex TechnoloQies, LLC., to allow interest onlv payments for the first eiahteen months Authorize Mavor to siQn - FindinQs of Fact and Order for Creekwood Maior Subdivision - subdivide 37.66 acres located at 2215 Bridqer Drive into 53 sinale-household lots (P-05016) Authorize Mavor to siQn - Findinas of Fact and Order for Gammack Minor Subdivision - subdivide 0.458 acres located at 328 North Church Avenue into two residential lots and relocate common boundary between 324 and 328 North Church Avenue (P-05033) Authorize Mavor to siQn - FindinQs of Fact and Order for Country Inn and Suites Minor Subdivision - subdivide 7.66 acres located alona east side of Vallev Center Road, west of its intersection with North 19th Avenue, into 2 commercial lots (P-05035) Authorize Mavor to sian - Findinas of Fact and Order for Sunfish Park Minor Subdivision - subdivide 1.84 acres located at 780 Manlev Road into five residential lots and one open space common area (P-05027) Approval of final plat for Storv Mansion Minor Subdivision - aaareaate Lots 1 throuah 26, Block 3, Butte Addition (811 South Willson Avenue) (P-05014) Authorize City ManaQer to sian - Acceptance of Mutual Access Easement and AQreement between Nelson Investments, LLC., and Todd T. Steinmetz - for Lots 4 and 5, Block 1, Parkwav Plaza Subdivision and Commercial PUD (extendina south from Laramie Drive) Authorize City Manaaer to sian - Acceptance of Water Pipeline and Access Easement and AQreement - Bozeman Country Hotel Group, LLC. - 20-foot-wide easement across Lot 2, Minor Subdivision No. 358 (IvinQ alonQ north and east side of Vallev Center Road, west of North 19th Avenue) Authorize City ManaQer to sign - Agricultural Lease with Steven G. Davhuff for 18.5791 acres at Water Treatment Plant - for the period June 17, 2005 throuQh June 17, 2008 Acknowledae receipt of reauest for creation of special improvement liahtinq district for Baxter Meadows Subdivision, Phases 2A. 2B. 2C and 2D: refer to staff 09-06-05 - 4 - Approval of park master plan for Baxter Meadows, Phases 2B, 2C and 2D Award bid - Bozeman Wastewater Treatment Plant maintenance buildina addition - InQram-ClevenQer, Inc., Helena, Montana - in the bid amount of $398,000.00 Claims City Attorney Luwe highlighted the requested modifications to the economic development loan for Apex, noting they include 18 months of interest only payments rather than the 15 months previously approved and disbursement of the funds upon request over the next two years rather than on a quarterly schedule. 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. Public comment Ms. Tracy Valesquez, 503 West Olive Street, requested that the City ask that the federal monies allocated for the parking garage be redirected for Hurricane Katrina victims, who are homeless and trying to survive. She noted it is heartening to see how many cities have opened their doors in the midst of this tragedy. She recognized the financial burden will be staggering, noting that last week's emergency relief bill of over $10 billion is just a down payment. She suggested that the entire country needs to make sacrifices, and the politicians are too worried about re-election to do what is most appropriate. She concluded by stating this is the right time for a grassroots movement, particularly since the $4 million is desperately needed elsewhere. Mr. Dane Gamble, 13 Hitching Post Road, spoke in support of Ms. Valesquez' comments. He also spoke against Bozeman's participation in the buy-out of Montana Power, and expressed concerns about purchase of the Story Mansion, purchase of the contaminated property for the new library site, purchase of the Mandeville property, and the parking structure. Mr. Bob Dehlendorf, 1006 West Main Street, noted this nation is in dire straits and that the pork barrel spending needs to stop. He stated Bozeman does not need a downtown parking garage, noting it makes no more sense than the $250 billion bridge to islands with 50 to 100 people in Alaska. He noted that the loss along the coast is indescribable. He concluded by encouraging the Commission to set a precedent and turn down the $4 million in federal monies. Ms. Janet Columbo, 74 Hitching Post Road, stated that a parking garage is a good idea but she agrees that returning the $4 million in federal monies would be appropriate. Commissioner Krauss addressed the issue of the proposed acquisition of the power company, noting this was one of the first issues considered when he came on the Commission twenty months ago. He stressed there is no impact to taxpayers in this transaction, and noted the structure of the new organization has been reviewed by many different agencies. He indicated the result would be to enable the cities to take control of a vital part of the economy in Montana. Commissioner Youngman asked that the issue of returning federal monies be placed on an upcoming agenda to give the Commission a chance to discuss the issue with the community as well as other possible mechanisms for relief in the hurricane ravaged portion of the country. She stressed that the City does not have the monies from the federal government in its possession, but suggested the City could earmark some of the monies in its reserve for relief. She voiced concern that to send any amount of money to the south without some assurance that governmental behaviors would change would be money wasted, but suggested that it could be earmarked for specific use. Commissioner Kirchhoff voiced support for discussing the issue further. Commissioner Hietala questioned the need to make this issue an agenda item. 09-06-05 - 5 ~ City Manager Kukulski cautioned that the monies for the parking garage would remain in the transportation bill if the City were to refuse them; and there is no way to dedicate those funds to another community or another use. He then announced that two of Bozeman's firefighters flew out at 1 :00 p.m. today to assist with the rescue efforts, and other staff members will be made available as necessary. He also indicated that ways to donate through payroll deduction are currently being discussed. Commissioner Krauss thanked the City Manager for identifying tangible ways in which the City of Bozeman can offer its support to the disaster areas. He then noted that Bozeman received monies for the new library in the same bill that provided monies for the parking garage. While he recognizes the desire to help, he does not find refusing the federal monies is a way to do so. Mayor Cetraro asked that this issue be brought back for discussion in a broader context. Commission Resolution No. 3833 - levvina and assessina street maintenance district assessments for Fiscal Year 2005-2006 This was the time and place set for the public hearing on street maintenance district assessments for Fiscal Year 2005-2006, as established by Commission Resolution No. 3833, entitled: COMMISSION RESOLUTION NO. 3833 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2006 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY-WIDE STREET MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN AND TO EXTEND THE BOUNDARIES OF SAID DISTRICT TO ENCOMPASS ANNEXED PROPERTIES. Public hearing. Mayor Cetraro opened the public hearing. Director of Finance Anna Rosenberry noted that in mid-June the Commission discussed the proposal to increase the assessment rate for the upcoming fiscal year, and a majority didn't support that increase. As a result, two new FTEs were cut from the recommended budget, and this resolution establishes the same rate that is currently in place. No public comment was received on the proposed assessment rate. Since there were no Commissioner objections, Mayor Cetraro closed the pUblic hearing. Decision. Commissioner Youngman stated that not increasing the assessment rate as recommended by staff will have negative impacts, particularly with the additional miles of streets to be maintained. Commissioner Krauss responded that not increasing the assessment rate is the responsible thing to do, noting that he believes the operation can be more efficient. Commissioner Hietala expressed agreement, stating he wants to see what efficiencies can be implemented. Commissioner Kirchhoff stated he finds the proposed increase well within reason, noting that efficiencies through equipment rather than manpower have been undertaken over the past several years. Mayor Cetraro voiced his concurrence with Commissioner Krauss and Commissioner Hietala. It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that Commission Resolution No. 3833, levying and assessment street maintenance district assessments for Fiscal Year 2005- 2006, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being 09-06-05 - 6 - Commissioner Hietala, Commissioner Krauss, and Mayor Cetraro; those voting No being Commissioner Youngman and Commissioner Kirchhoff. Commission Resolution No. 3834 -Ievvina and assessina tree maintenance district assessments for Fiscal Year 2005-2006 This was the time and place set for the public hearing on street maintenance district assessments for Fiscal Year 2005-2006, as established by Commission Resolution No. 3834, entitled: COMMISSION RESOLUTION NO. 3834 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONT ANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2006 UPON ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY-WIDE TREE MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN AND TO EXTEND THE BOUNDARIES OF SAID DISTRICT TO ENCOMPASS ANNEXED PROPERTIES. Public hearing. Mayor Cetraro opened the public hearing. Director of Finance Anna Rosenberry noted that in mid-June, the Commission considered the assessments and indicated support for the proposed 3-percent increase. This increase means the City will collect about $320,000, or a $9,322 increase. The average residential property owner will see 43-cent increase in the annual assessment. Mr. Don Kreitz, 2001 Fairway Drive, stated he lives on a private street and, therefore, should be exempt from this assessment. He noted that the private street is within a planned unit development but is heavily used by the public, thus placing an undue burden on the homeowners' association. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision. Commissioner Krauss noted that properties along other private streets in Bozeman are assessed for this maintenance district. He then indicated his support for the proposed 3-percent increase, noting that no increase was approved last year. Commissioner Youngman noted that everyone benefits from the trees in public places and, as a result, she feels that it is appropriate to assess all properties within the district. It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that Commission Resolution No. 3834, levying and assessment tree maintenance district assessments for Fiscal Year 2005- 2006, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, and Commissioner Youngman; those voting No being Mayor Cetraro. Certificate of Appropriateness to allow construction of detached, sinqle-storv, two-car garaQe with deviation from Section 18.38.050.G. to allow new aaraae to encroach into required 10-foot rear vard setback - Warren Bauder, 724 North Black Avenue (Z-05186) This was time and the place set for the public hearing on the Certificate of Appropriateness, as requested by Warren Sauder under Application No. Z -05186, to allow the construction of a detached, single- story, two-car garage on Lots 23 and 24, Block 41, Imes Addition, with a deviation from Section 18.38.050.G of the Bozeman Municipal Code, to allow the new garage to encroach into the required 1 Q-foot rear yard setback. The subject property is located at 724 North Black Avenue. 09-06-05 -------- -------------..----------- - 7 - Public hearing. Mayor Cetraro opened the public hearing. Historic Preservation Officer Allyson Bristor presented the staff report. She noted that the garage would be one story, subordinate to the house, and compatible with the fabric of the neighborhood. She indicated that staff has reviewed this application in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. Based on those findings, staff has forwarded a recommendation for approval, subject to four conditions. Mr. Warren Bauder, applicant, indicated concurrence with the staff report and a willingness to respond to questions. No public comment was received regarding this application. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision. It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the Certificate of Appropriateness, as requested by Warren Bauder under Application No. Z-05186, to allow the construction of a detached, single-story, two-car garage on Lots 23 and 24, Block 41, Imes Addition, with a deviation from Section 18.38.050.G of the Bozeman Municipal Code, to allow the new garage to encroach into the required 10-foot rear yard setback, be approved subject to the following conditions: 1. The new garage's exterior siding and window materials shall match, or be closely compatible to, the existing single-household structure. 2. The applicant shall provide a color and materials palette for final design review and approval by Administrative Design Review Staff (including the design detail of the garage door). 3. The applicant shall obtain a building permit and pay all required fees prior to construction, and within one year of Certificate of Appropriateness approval or this approval shall become null and void. 4. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness with deviations application. Any modifications to the submitted and approved drawings shall invalidate the project's approval unless the applicant submits the proposed modifications for review and approval by the Department of Planning prior to undertaking said modifications, as required by Section 18.64.110 of the Bozeman Municipal Code. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, and Mayor Cetraro; those voting No, none. Certificate of Appropriateness to allow construction of detached, two-story, two-car aaraae with deviations from Section 18.16.050, to allow new structure to encroach into reauired 5-foot side yard setback, and from Section 18.46.020.D, to allow aaraae interior parkinQ spaces to have less than reauired 26-foot backinQ distance - Van Brvan Studio Architects for Bruce and Shawna Winter, 515 West Cleveland Street (Z-05185) This was the time and place set for the public hearing on the Certificate of Appropriateness, as requested by Van Bryan Studio Architects for Bruce and Shawna Winter under Application No. Z-05185, to allow construction of a detached, two-story, two-car garage on Lots 13 through 15, Block 14, Capitol Hill Addition, with deviations from Section 18.16.050 of the Bozeman Municipal Code, to allow the new structure to encroach into the required 5-foot side yard setback, and from Section 18.46.020.0, to allow the garage interior parking spaces to have less than the required 26-foot backing distance. The subject property is located at 515 West Cleveland Street. 09-06-05 - 8 - Public hearing. Mayor Cetraro opened the public hearing. Historic Preservation Planner Allyson Bristor presented the staff report. She noted the applicant proposes to construct a new two-story, two-car garage with exterior patio on the ground floor. She stated the proposed garage is lower than the existing residence and does not exceed 25 percent coverage of the rear yard. She also indicated the design is compatible with the existing house and site if built in compliance with the conditions recommended as a result of review of the application in light of the applicable criteria. She concluded by noting that three letters of protest have been submitted, identifying concerns about the inappropriate scale and the location of the pole that could create conflicts with backing maneuvers from the garage. Mr. Van Bryan, architect representing the applicant, reviewed the historic nature of the project. He noted the existing house has been under remodel for several months; and the existing garage adjoins the neighbor's garage, with a shared driveway along the lot line. He noted it is difficult to get today's vehicles into the older garages, and the proposal is to do a flow-through garage that may have one double door on the alley side to allow for ease of access. He stated the road slopes from West Cleveland Street to the alley, and that has resulted in drainage in front of the garage. That drainage is to be relocated to between the garages. He indicated that no more than one stall would back onto the alley; the other would use West Cleveland Street for access. Mr. Bryan stressed that the client's desire is to be sensitive to the area and create a nice project with the house renovation and new garage. He then showed pictures of the house prior to the improvements and renderings of the house upon completion of the renovation. Responding to Commissioner Hietala, Mr. Bryan confirmed the shared driveway would remain. Mr. Bill Klenn, 901 South 5th Avenue, stated he lives across the alley from the subject site. He noted the applicant is doing a great job on remodeling of the site, using the best materials possible. He just realized today how tall the new garage is to be, noting it is twice as tall as the original garage and will block his view of the sky and shade the alley; and this will impact their back yard, which they use quite a bit. He is also concerned about the safety of backing into the alley, particularly with the location of the power pole and the slope from the garage into the alley. Mr. Bruce Winter, applicant, stated use of the existing garage is not feasible, and he is trying to do everything possible to stay within the codes and retain the historic look of the site. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision. Responding to Commissioner Youngman, Historic Preservation Planner Bristor stated staff has recommended a condition that the building be lowered at least one foot. She noted that the roof has a steep pitch, and the applicant has done a good job of integrating different roof forms on the interior, utilizing dormers in conjunction with the low side walls to create additional living space. Mayor Cetraro voiced his support for the application. Commissioner Krauss stated he does not support the project. He acknowledged the strong argument for a new garage and the need to address the pooling of water; however, he did not hear any compelling reasons to change the character of the garage to include a rental unit. Commissioner Hietala voiced his support for the project, stating he finds the project attractive as designed and does not feel the massing is excessive in this neighborhood. Commissioner Kirchhoff stated that he finds this application is an improvement to the site. It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the Certificate of Appropriateness, as requested by Van Bryan Studio Architects for Bruce and Shawna Winter under Application No. Z-05185, to allow construction of a detached, two-story, two-car garage on Lots 13 through 09-06-05 - 9 - 15, Block 14, Capitol Hill Addition, with deviations from Section 18.16.050 of the Bozeman Municipal Code, to allow the new structure to encroach into the required 5-foot side yard setback, and from Section 18.46.020.0, to allow the garage interior parking spaces to have less than the required 26-foot backing distance, be approved subject to the following conditions: 1. The applicant shall submit one additional elevation drawing (of either the west or east elevation) that depicts both the existing and proposed construction on the subject property. The proposed construction shall be at least one foot below the height of the principal, existing single-household on site. Applicant may choose the technique and manner of lowering the proposed garage height at his discretion, but shall provide an amended elevation drawing for final design review and approval by Administrative Design Review Staff. 2. The applicant shall submit one additional site plan clearly depicting the covered and uncovered areas of the proposed patio between the new garage and existing single- household structure. The applicant should note that all covered patio counts toward the rear lot coverage, which is a maximum of 25 percent. The amended site plan shall be for final design review and approval by Administrative Design Review Staff. 3. The new garage's exterior siding and window materials shall match, or be closely compatible to, the existing single-household structure. 4. The applicant shall provide a color and materials palette for final design review and approval by Administrative Design Review Staff. 5. The applicant shall obtain a building permit and pay all required fees prior to construction, and within one year of Certificate of Appropriateness approval or this approval shall become null and void. 6. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness with deviations application. Any modifications to the submitted and approved drawings shall invalidate the project's approval unless the applicant submits the proposed modifications for review and approval by the Department of Planning prior to undertaking said modifications, as required by Section 18.64.110 of the Bozeman Municipal Code. 7. This project shall comply with all provisions of the Bozeman Municipal Code, including but not limited to: . Per Section 18.38.050.E, no accessory building shall exceed the height or footprint of the principal building. . Per Section 18.38.050.H, structures may not occupy more than 25 percent of the area of the lot located to the rear of the principal building. . Per Section 18.46.020.E, required parking spaces shall not be located in any required front or side yard. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala and Mayor Cetraro; those voting No being Commissioner Krauss. Conditional Use Permit - modification to Walton Homestead Planned Unit Development with expanded relaxations to allow larQer car wash facilitv consistina of five-bav self-serve car wash and one-bav automatic car wash in two buildinQs on same lot rather than small-scale car wash previouslv approved - JDS Architects for Oakwav, LLC, and Steve Green (Z-05116) This was time and the place set for the public hearing on the Conditional Use Permit for modification to the Walton Homestead Planned Unit Development, as requested by JOS Architects for Oakway, LLC, and Steven Green under Application No. 2-05116, with expanded relaxations to allow the construction of 09-06-05 - 1 0 ~ a larger car wash facility consisting of a five-bay self-service car wash and a one~bay automatic car wash on Lot 3, Block 3, Walton Homestead Subdivision PUD, Phase II, which was originally planned to contain a small-scale car wash and a laundry facility. The subject parcel lies along the west side of North 15th Avenue, between West Juniper Street and West Oak Street. Public hearing. Mayor Cetraro opened the public hearing. Planner Susan Kozub presented the staff report. She stated this modification has been requested because of a proposal to construct a larger car wash facility than was originally planned for the lot, which was originally to include a small-scale car wash and a laundromat. She indicated that a car wash is not allowed in the zoning district, but could be allowed under this planned unit development. She noted that staff has reviewed this application in light of the applicable criteria and, as a result of that review, has forwarded a recommendation for approval, subject to one condition. She stressed that this modification is to apply to Lot 3, Block 3, only. Mr. Jesse Sobrepena, architect representing the applicant, stated the proposed automatic car wash is to be constructed in lieu of the laundry facility, and he believes the result will be a more complete amenity to the subdivision. He suggested there is little or no need for a laundry facility in the subdivision, since a majority of it is planned for single-family dwelling or condominiums with their own laundry facilities. He indicated that residential roof lines are to be incorporated into the facility, and the materials are to be compatible with residential uses. Mr. Kevin Cook, applicant, noted the design is similar to the original plan. He stated that a car wash facility was recently closed in the general area, and he feels this application will result in an amenity to the site. He also noted that it will have good ingress and egress from North 15th Avenue. Responding to Commissioner Krauss, Planner Kozub indicated that the pedestrian access shown on the plan is from an old map and is not being required. Commissioner Kirchhoff noted that, while he did not vote for the Walton Homestead PUD, he is impressed with the manner in which it is being developed, with great architectural controls being utilized. He then asked about the possibility of extending an east/west street through the development, to access the property to the east when it develops. Mr. Cook responded that the lots have been sold, and he has no ability to address that issue. He indicated that Juniper Street will extend both east and west from this property. No public comment was received on this application. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision. It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the Conditional Use Permit for modification to the Walton Homestead Planned Unit Development, as requested by JDS Architects for Oakway, LLC, and Steven Green under Application No. Z-05116, with expanded relaxations to allow the construction of a larger car wash facility consisting of a five-bay self-service car wash and a one-bay automatic car wash on Lot 3, Block 3, Walton Homestead Subdivision PUD, Phase II, which was originally planned to contain a small~scale car wash and a laundry facility, be approved subject to the following condition: 1. The approval for the expanded car wash facility is limited to five self-service bays and one automatic bay and only applies to Lot 3, Block 3, Walton Homestead Subdivision PUD, Phase II. 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. 09~06-05 - 11 - Preliminarv plat for Cottonwood Condos - subdivision of 35.254 acres located between Ferauson Avenue, Resort Drive, West Babcock Street and Fallon Street into 3 lots - C&H EnQineerina and Survevina, Inc., for Ken LeClair and Delanev & Company (P-05024) This was the time and place set for the public hearing on the preliminary plat for Cottonwood Condos, as requested by C&H Engineering and Surveying, Inc., for Ken LeClair and Delaney & Company under Application No. P-05024, to allow for subdivision of 35.254 acres described as the Amended Plat of Lot 2A-1 , Minor Subdivision No. 338A, Spring Creek Village Resort, into three lots. The subject property is generally located between Ferguson Avenue, Resort Drive, West Babcock Street, and Fallon Street. Public hearing. Mayor Cetraro opened the public hearing. Associate Planner Jami Morris presented the staff report. She noted this is a second and subsequent subdivision, and will create two additional lots for some office development. She reminded the Commission that in 2003, approval was granted for the construction of 156 condominium units, and that project is currently under construction. 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. She noted that, based on the "R-O" zoning, staff finds the mix of residential lots and offices is appropriate. She concluded by forwarding staff's recommendation for approval, subject to one condition and the requirement to comply with code provisions. Mr. Michael Delaney, applicant, voiced concurrence with the staff report and a willingness to respond to questions. No public comment was received on this application. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision. It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the preliminary plat for Cottonwood Condos, as requested by C&H Engineering and Surveying, Inc., for Ken LeClair and Delaney & Company under Application No. P-05024, to allow for subdivision of 35.254 acres described as the Amended Plat of Lot 2A-1, Minor Subdivision No. 338A, Spring Creek Village Resort, into three lots be approved subject to the following condition: 1. Buildings proposed for construction with crawl spaces or basements shall include engineer certification regarding depth of groundwater and soil conditions and proposed mitigation methods to be submitted with each building permit. The final plat shall include a notation that, due to high ground water conditions, full or partial basements are not recommended. 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. Appeal of administrative interpretation pertainina to replacement and uPQrade of power lines and poles in Bozeman Creek corridor for NorthWestern EnerQV - Frank Munshower and Jim Pepper ( C-05004) This was the time and place set for the hearing on the appeal of administrative interpretation pertaining to the replacement and upgrade of power lines and poles being classified as a Type I Essential Service, as submitted by the Bozeman Creek Neighborhood Association, as represented by Frank Munshower and Jim Pepper, under Application No. C-05004. 09-06-05 - 12 - Appellate hearing Contract Planner Lanette Windemaker presented the staff report. She noted that a local distribution line is classified as a Type I service, and the replacement of those lines and poles warrants no additional review procedures. The Planning Director has determined that the NorthWestern Energy lines through this area are local distribution lines; and the appellants have filed because they feel that is not an appropriate classification. She reminded the Commissioners that four affirmative votes are required to overturn that determination. At Commissioner Kirchhoff's request, City Attorney Luwe briefly outlined the process to be followed in this appellate hearing, encouraging the Commissioners to ask questions throughout the process. He reminded the Commission that the decision is whether or not the Planning Director was correct in his interpretation that this is a Type I Essential Service, noting that if the Commission determines it is not, NorthWestern Energy will be required to go through the review process again. He indicated that, if the Commission does not uphold the appeal, the appellants may pursue the issue in District Court or seek a zone code amendment to change the definitions of Type I and Type II Essential Services. Mr. Frank Munshower, Chair of the Bozeman Creek Neighborhood Association, stated that they have filed the appeal because the line extends across their area. He then introduced the appellants' team. Mr. Brian Gallik, attorney representing the Bozeman Creek Neighborhood Association, provided reasons for why the NorthWestern Energy facilities should be classified as Type II rather than Type I Essential Services. He noted that the County Commission approved the upgrade of the substation on a 2 to 1 vote in July, after which the company met with the Planning Department to discuss the planned upgrades to its transmission lines. He voiced concern that no member of the Association or any landowner was present during those discussions. Further, Planning Director Epple has indicated there was an internal debate on how to properly classify this proposal prior to his determination being made. He noted that, while the Planning Director determined this was a Type I facility, it is clear from the affidavits and testimony that NorthWestern Energy recognizes this is more of a sub-transmission line than a local service line. He noted that, once his clients saw the "Washington Monument with arms" being erected, they filed an appeal, but construction was not stopped until they went to court and obtained a temporary restraining order and hearing date. In its findings, the Court indicated that the Association has the fundamental right of due process, and the restraining order gives the Commission time to address the issue. He concluded by asking the Commission to overturn the Planning Director's determination. Mr. Jim Pepper, representing the Bozeman Creek Neighborhood Association, highlighted the materials from the Association that were included in the Commissioners' packets. He drew attention to the landscape plan for the project, which references transmission lines; and a map of the neighborhood showing the extent of the project. He reminded the Commission that when a conflict exists in the code, the more restrictive shall govern. He stressed that the poles on which transmission lines are located are substantially different, being taller, with different insulators and more wires. He noted that these are transmission lines and not the distribution lines found in other parts of the community. He drew attention to the fact that substations are classified as Type II Essential Services, and questioned why they would be connected with Type I lines. He indicated that distribution lines in are found on poles between 30 and 45 feet tall; these poles are 62% feet tall and are strikingly different from the 40-fooHall poles they are replacing. He noted the only 70-foot-tall pole in Bozeman is located at the intersection of Baxter Lane and Thomas Lane, and the poles between Bozeman, Four Corners and Belgrade are not as tall as the poles in his back yard. Mr. Pepper noted that no electrical energy is generated in Bozeman, so all of the energy must be transmitted to the substations, where the voltage is reduced and released into the distribution system and to the end users. He stated these lines are an integral part of the system that serves not only Bozeman but links to Belgrade, Four Corners and Livingston. He identified scale as one of the primary differences between Type I and Type II facilities and stated Type II facilities are not compatible with neighborhoods. He concluded by asking that the Commission determine that the more restrictive requirements apply in this situation. Mr. Mike Etchingham, 1510 South Rouse Avenue, stated he now lives 100 feet from a 62-foot-tall white pole that is an eyesore in the community. He voiced his agreement with Mr. Pepper's comments and asked the Commission to overturn the Planning Director's decision. 09-06-05 - 13 - In response to a question from the appellants, approximately twenty people in the audience stood in support of their request. Mr. Joby Sabol, attorney for NorthWestern Energy, noted the Planning Director's determination was not made without significant input from NorthWestern Energy; however, the company did not ask for a specific determination. He acknowledged that this project evokes emotion in the neighbors involved; however, he reminded the Commission that its determination is to be based on the facts. He noted that Mr. Pepper has done an excellent job of bringing this issue to the attention of those who need to make the decisions and look at all of the issues involved. Mr. Sabol disagreed with the appellants' conclusion that a Type II facility is determined by the amount of voltage carried, noting that the voltage in the new line will be no more and no less than in the line being replaced. The new system, however, will provide redundancy and more secure service with two 50 KV lines. On a map, he showed the area of the city and county served by the Sourdough substation, noting it is an area south of Main Street that includes the Federal Building, LongfellOW School, Bozeman Deaconess Hospital, Sacajawea Middle School, Morning Star School, and the Museum of the Rockies but not the Montana State University campus. He noted that at issue are 3500 feet of line and 17 poles, 15 of which are located within city limits. He also indicated the large metal pole that has stirred the emotion of the residents is located in the county, not the city. Mr. Sabol noted that if the Commission finds in favor of the appellants, the result will be sending a signal to the power, telephone and cable companies dealing in fiber optics that facilities will be reviewed by the Planning Department and the Commission. He asked the Commission to consider that last year NorthWestern Energy replaced 147 poles in the area, hung 251,453 feet of line, and installed 12,866 feet of gas line. He cautioned that review of all those projects would hamstring the utility companies at a time when the community is growing. He concluded by stating the reason the substation and lines are being upgraded is to provide better service to the community. Mr. Randy Sullivan, Division Manager for NorthWestern Energy, stated he has served in that capacity for the last 19 years, and has found it a challenge to keep up with growth and provide reliable service. He noted that the line from this substation extends to the East Gallatin, just north of the interstate, with circuit breakers on either end of the line. He stated that a short circuit results in the breakers opening and putting the Sourdough substation in the dark, which has happened six times in the last five years with an average outage time of 37 minutes. He indicated the intent of this project is to create redundancy and enhance reliability for the customers. Mr. Sullivan noted that NorthWestern Energy received a conditional use permit to do a new substation in 2002 and, at that time, there was considerable discussion on the need to upgrade the lines. As the area has grown, the company has been forced to move service for the new subdivisions from this substation to other substations, and one of the results has been an increased exposure to deteriorating reliability. He concluded by noting this substation is clearly a distribution facility. Mr. Sid Devarthe, Butte office of NorthWestern Energy, stated he is in charge of the design for the upgrade. He stated that when redundancy is provided, additional wires are needed and, as a result, increasing pole height. He indicated that, rather than adding cross arms, the company has decided to add the lines vertically, which is more bird friendly. Further, he indicated the new poles and lines are to be on the same centerline as the existing lines and, to maintain service on those lines until the new lines are in place, the additional height is necessary. He concluded by noting that the landowner asked the company to keep the lines at least as high as they currently are to not destroy his view of the meadow. Responding to Commissioner Kirchhoff, Mr. Devarthe noted that many utility companies view any line carrying 115 KV or above as a transmission line. He stated, however, that basis is arbitrary and is not included in the City's zone code. He then indicated that NorthWestern Energy classifies its lines based on the use. He stated the company believes the facility under consideration is a local facility because it serves only the Bozeman area and transmits power from one substation to another but not outside the area. Further responding to Commissioner Kirchhoff, Mr. Devarthe identified the 161 KV line across Baxter Lane to Oak Street and Four Corners as a transmission line rather than a distribution line. 09-06-05 - 14 - Break - 9:26 p.m. to 9:31 p.m. Mayor Cetraro declared a break from 9:26 p.m. to 9:31 p.m., in accordance with Commission policy. Appeal of administrative interpretation pertainina to replacement and uparade of power lines and poles in Bozeman Creek corridor for NorthWestern Enerav (continued) - Frank Munshower and Jim Pepper ( C-05004) Contract Planner Windemaker noted that a letter of support for NorthWestern Energy's upgrade from Bozeman Deaconess Hospital was placed on the dais. Mr. Jim Pepper stated the appellants believe the current line is a Type II facility, or possibly somewhere between the Type I and Type II facilities identified in the zone code. He noted that, while they don't dispute this substation serves the area identified on the exhibit, it is connected to other substations. He acknowledged the neighbors asked that the lines be kept out of their view, but they did not ask for 70- foot poles. He concluded by noting that the company's own documents identify the 50 KV lines as transmission lines. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Planning Director Epple stated that, if the Commission determines this is a Type I facility, he will proceed under the current process; if the Commission determines it is a Type II facility, then the applicable zoning regulations will be followed. Commissioner Kirchhoff expressed his support for the appeal, stating it is evident there is a question about whether this is a Type I or Type II facility; and even NorthWestern Energy has indicated it is not readily apparent what the lines are. He acknowledged that this is an essential utility and noted that, within parameters, those services can be appropriately provided. He believes that can be best accomplished through a more public process. Commissioner Hietala noted that pole height seems to be the central issue in this appeal, and asked if that height could be adjusted. He then stated he feels the area consumes the power from this substation and, as a result, he believes this is a Type I facility. Commissioner Krauss noted that, as the Operations and Finance Director for the Museum of the Rockies, he has seen the Museum adversely affected by the power outages to which the NorthWestern Energy representatives referred. Since this is a quasi-judicial proceeding and since his employer is directly impacted by this decision, he will refrain from discussion and voting on this appeal. Commissioner Youngman characterized the installation of a metal pole in someone's yard as a travesty and contrary to other facilities in the community. She noted that planning and zoning regulations define the standard for the community. She then stated it is unclear whether this is a Type I or Type II Essential Service, and the information from NorthWestern Energy references the lines both as transmission and distribution lines. She was appalled with the new poles along West College Street, but was better able to accept them since that is a more commercial street. She applauded the company's efforts to make a bird friendly facility and to keep the lines out of the viewshed of the residents. She concluded by stating it is important for the City to intervene and define what the facility is. Mayor Cetraro expressed his agreement with the Planning Director's conclusion. Commissioner Youngman expressed her concern that upholding the Planning Director's determination will force citizens to spend monies taking this issue back to Court when the City should be resolving the issue. She then stated she does not believe the tall poles are the best solution in this instance. Commissioner Kirchhoff voiced his concurrence with Commissioner Youngman's comments. He noted that no one from NorthWestern Energey, even in a veiled way, indicated that service would be curtailed or that anyone would suffer from the City upholding the appeal. He stressed, rather, that upholding the appeal would allow for applying the community's land use regulations to the project. He concluded by noting that, given the conflicting information on the exhibits from NorthWestern Energy and the unclearness of the classification, he is compelled to determine the more restrictive regulations must apply. 09-06-05 - 15 - Responding to City Manager Kukulski, Commissioner Kirchhoff noted that this substation serves a large area containing 5,000 people. He does not believe the zone code defines these facilities well enough and, as a result, he believes the desires of the community should be followed through a more public process. It was moved by Commissioner Hietala, seconded by Commissioner Youngman, that the Commission uphold the appeal. 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 and Mayor Cetraro. Commissioner Krauss abstained. Final Plan for West Winds Planned Unit Development - establish a unified development plan for a 161.30-acre subdivision for development of 213 sinQle-household, 92 townhouse, 5 multi-household, and 8 senior assisted livinQ lots with relaxations from the Unified Development Ordinance (Ivina between Baxter Lane and West Oak Street and between North 27th Avenue and Davis Lane) Associate Planner Jami Morris reminded the Commissioners that on May 24, 2004, they directed that the final plan for West Winds Planned Unit Development be submitted for Commission review and approval. She noted that staff has reviewed the final plan and feels all the conditions of approval have been met. She also noted that an alternative plan has been submitted for that portion of the site where an affordable housing project was initially proposed, in the event that that development does not occur. Mr. Clint Litle, consulting engineer representing the applicant, indicated a willingness to respond to questions. It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the final plan for West Winds Planned Unit Development, to establish a unified development plan for a 161.30-acre subdivision lying between Baxter Lane and West Oak Street, and between North 27th Avenue and Davis Lane, with relaxations from the Unified Development Ordinance, be approved. 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. Appointments to Northeast urban renewal plan committee Included in the Commissioners' packets was a memo from City Clerk Sullivan forwarding the applications for the committee. Commissioner Youngman suggested the composition identified in the memo be revised to provide for a twelve-member committee that includes four business/business property owners, three residents, three from the development community and two residents adjacent to the district. Commissioner Krauss suggested that the composition be slightly revised to include thirteen members, with five members being from business/business property owners. It was moved by Commissioner Krauss, seconded by Commissioner Hietala, that the following be appointed to the Northeast urban renewal plan committee: Business/business property owner Peter Bronken Jim Browning Bobbi Clem Jack Davis Terry Giovanini Resident property owner Jon Gerster Robert Pavlic Jeanne Wesley-Wiese 09-06-05 - 16 - Development group Michael Barrett Brian Caldwell Erik Nelson The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Hietala, Commissioner Kirchhoff, Commissioner Youngman, and Mayor Cetraro; those voting No, none. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the following be appointed to the Northeast urban renewal plan committee: Resident adjacent to district Todd Hoitsma Marcia Kaveney The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Kirchhoff, Commissioner Krauss, and Mayor Cetraro; those voting No, none. Appointments to North 7th Avenue corridor urban renewal plan committee Included in the Commissioners' packets was a memo from City Clerk Sullivan forwarding the applications for the committee. Responding to Mayor Cetraro, City Attorney Luwe indicated that it is permissible for him to apply for the committee, assuming that he is interested in sitting on it after his term as Commissioner is over. He stated, however, that if the Mayor wishes to participate on the committee, he must abstain from discussion and voting on the appointments. In light of the fact that there were not enough applicants to consider for the various categories, the Commissioners determined it appropriate to postpone appointments to a later date. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1) Copy of a memo from Neighborhood Coordinator Tracy Oulman regarding North Wallace Avenue traffic calming. (2) Letter from the Montana Department of Commerce forwarding the draft application guidelines for the Treasure State Endowment Program. (3) Letter from Youth Dynamics, Inc., dated August 22, asking that some type of barricade be provided at the 90-degree right hand turn adjacent to the property at 3025 Westridge Drive, particularly in light of two recent incidents which caused considerable damage to the property. (4) E-mail message from ReNae Grantier encouraging the Commissioners to retain garbage collection services. (5) Letter from Bob Appleby, President of the Gallatin Empire Lion's Club, voicing opposition to the privatization of garbage services. (6) Letter from the Montana Department of Environmental Quality forwarding approval of the license for the City's Class II transfer station. 09-06-05 , - 17 - (7) Copy of a letter from the Bozeman Area Transportation Coordinating committee to the County Commission encouraging their adoption of the Greater Bozeman Area Transportation Plan, 2001 Update. (8) Listing of planning projects to be considered at upcoming Commission meetings, dated September 1, 2005. (9) Memo from Assistant City Manager Ron Brey forwarding the draft grant process policy guidelines previously considered by the Commission and information gathered during development of those guidelines. (10) Memo from Project Engineer Sue Stodola forwarding the proposed post card to be mailed to residents along Durston Road about the impending special improvement district process. Director of Public Service Arkell requested that the Commissioners provide comment by tomorrow since the post cards are to be mailed late this week. (11 ) Copy of the press release regarding the Labor Day solid waste collection schedule. (12) Memo from Michelle Dipzinski announcing that the Cemetery Board meeting has been rescheduled from September 8 to September 20 at 1 :00 p.m. (13) Memo from Neighborhood Coordinator Tracy Oulman to residents in the Northeast area notifying them of the availability of applications for the urban renewal plan committee. (14) Copy of a letter from Neighborhood Coordinator Tracy Oulman to attendees of the NorthEast Neighborhood annual meeting announcing that the Commission will make appointments to the urban renewal plan committee at its meeting on September 6. (15) Letter from Jeff Rupp, Human Resource Development Council, requesting an opportunity to meet with the Commission regarding a transportation partnership to provide limited fixed route service in Bozeman and between Bozeman, Belgrade and Four Corners. (16) Copy of the press release announcing the last week of compost pickup is the week of August 22. (17) Copy of a letter from Neighborhood Coordinator Tracy Oulman to attendees of the NorthEast Neighborhood annual meeting announcing that the Commission will make appointments to the urban renewal plan committee at its meeting on September 6. (18) Letter from Aaron Theabolt asking that right turns from West College Street to South 19th Avenue be prohibited for eastbound traffic. (19) Letter from Bruce and Alora Foreman, 51 North Sweetgrass Avenue, expressing concerns about the proposed northward extension of Fowler Avenue. (20) Agendas for the County Commission meetings held on Tuesday, August 30, and Wednesday, August 31. (21 ) Agenda for the Development Review Committee meeting held on Wednesday, August 31. (22) Agendas forthe County Commission meetings held at 9:00 a.m. today and to be held at 1 :30 p.m. on Wednesday, September 7, in the Community Room. (23) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Wednesday, September 7, at the Professional Building. (24) Memos from Planning Secretary Carol Schott announcing that the Planning Board and Zoning Commission meetings have been cancelled due to the lack of agenda items. 09-06~05 - 18 - (25) City Manager Kukulski asked to what extent the Commission wishes to respond to the Gulf Coast issue. Commissioner Kirchhoff noted some sacrifices are meaningful while some are not; and giving back the federal appropriation for the parking garage would not help. He suggested that sending people to assist would be beneficial, noting it is important for the City to take a practical approach. City Manager Kukulski noted that returning federal monies and making City staff available for periods of time have been discussed. He then asked if the Commission wishes to consider appropriating monies to donate to the cause. Commissioner Kirchhoff stated that making equipment and personnel available makes sense. Commissioner Youngman noted that a donation would make a community statement; and contacting the Montana League of Cities and Towns with a challenge to other cities could generate more assistance. She does not support returning the federal monies. (26) City Manager Kululski announced that review of the results of the recent community survey is scheduled for the October 10 meeting. (27) Planning Director Epple noted that staff will start projecting plans on the screen at next week's meeting. (28) Commissioner Krauss stated the proposal from the Jerry Williams group for a school site includes the City waiving the requirement for improvements to West Oak Street and Ferguson Avenue and counting the sale of the land to the school as a donation of parkland. He expressed concern that would possibly establish a precedent. Planning Director Epple noted that State law allows the Commission to approve a request that land donated for a school site can count toward parkland dedication requirements. He suggested, however, that land sold at market value should not be counted as parkland dedication. (29) Responding to Commissioner Krauss, City Attorney Luwe stated he has not had a chance to review the eminent domain issues. (30) Commissioner Krauss voiced interest in seeing the grant policy moved forward. Adjournment - 10:50 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, Commissioner Youngma , a ayor Cetraro; those voting No, none. AN ATTEST: ~./~ RO IN L. SULLIVAN Clerk of the Commission 09-06-05