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HomeMy WebLinkAbout2006-01-17 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA January 17, 2006 ***************************** The Commission of the City of Bozeman met in regular session in the Community Room, Gallatin County Courthouse, 311 West Main Street, on Tuesday, January 17, 2006, at 6:00 p.m. Present were Mayor Jeff Krauss, Commissioner Sean Becker, Commissioner Jeff Rupp, Commissioner Steve Kirchhoff, Commissioner Kaaren Jacobson, City Manager Chris Kukulski, Assistant City Manager Ron Brey, Director of Public Service Debbie Arkell, Director of Finance Anna Rosenberry, Director of Public Safety-Police Mark Tymrak, Director of Public Safety-Fire Chuck Winn, Planning Director Andy Epple, City Attorney Paul Luwe, and City Clerk Robin Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. SiQninQ of Notice of Special MeetinQ Each Commissioner, in turn, signed the Notice of Special Meeting. Minutes - Auaust 1. AUQust 15. September 6. September 12. December 5. and December 12. 2005. and Januarv 3. Januarv 6, and Januarv 9. 2006 It was moved by Commissioner Becker, seconded by Commissioner Rupp, that the minutes of the meetings of January 3, January 6, and January 9, 2006, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Becker, Commissioner Rupp, Commissioner Kirchhoff, Commissioner Jacobson, and Mayor Krauss; those voting No, none. Mayor Krauss deferred action on the minutes of the meetings of August 1, August 15, September 6, September 12, December 5, and December 12, 2005, to a later date. Consent Items City Manager Kukulski presented to the Commission the following Consent Item. AcknowledQe receipt of staff report - annexation of 75-acre parcel located at southwest corner of intersection of Huffine Lane and Cottonwood Road - Covenant. LLC (A-05013) Commission Resolution No. 3884 - intent to annex 75-acre parcel located at southwest corner of intersection of Huffine Lane and Cottonwood Road; set public hearinQ for February 21. 2006 COMMISSION RESOLUTION NO. 3884 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF TRACTS OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Commission Resolution No. 3885 - adoptina NeiQhborhood Conservation Overlav District DesiQn Guidelines 01-17-06 - 2 - COMMISSION RESOLUTION NO. 3885 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING BY REFERENCE DESIGN GUIDELINES FOR HISTORIC PRESERVATION AND THE NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT. Ordinance No. 1660 - zone code amendment - amending Section 18.28.050. to adopt NeiQhborhood Conservation Overlav District DesiQn Guidelines bv reference; provisionallv adopt and bring back in three weeks for final adoption ORDINANCE NO. 1660 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE UNIFIED DEVELOPMENT ORDINANCE TO INCORPORATE BY REFERENCE THE DESIGN GUIDELINES FOR HISTORIC PRESERVATION AND THE NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT AND DIRECT THEIR USE. Ordinance No. 1658 - addina Chapter 2.05. establishinQ a policv for acquisition and transfer of property: finallv adopt ORDINANCE NO. 1658 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING CHAPTER 2.05 PERTAINING TO ACQUISITION AND TRANSFER OF CITY PROPERTY. Ordinance No. 1659 w establish initial municipal zoninQ desiQnation of IR-1". Residential-Single.household. Low-densitv. on 1.8355 acres Ivina alona east side of Manlev Road. immediatelv north of East Gallatin Recreation Area (780 Manlev Road); finallv adopt ORDINANCE NO. 1659 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP BY ESTABLISHING AN INITIAL MUNICIPAL ZONING DESIGNATION OF R-1 (RESIDENTIAL SINGLE-HOUSEHOLD LOW DENSITY DISTRICT) ON 1.84 ACRES LOCATED IN THE SOUTHWEST QUARTER OF SECTION 31, TOWNSHIP 1 SOUTH, RANGE 6 EAST, PRINCIPAL MERIDIAN MONTANA, GALLATIN COUNTY, MONTANA. Authorize Mavor to sian - application for Certified Local Government Qrant application for historic preservation for 2006-2007 Commission Resolution No. 3886 - revisina rules of procedure for conduct of Commission business COMMISSION RESOLUTION NO. 3886 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE RULES OF PROCEDURE FOR THE CONDUCT OF CITY COMMISSION BUSINESS. Commission Resolution No. 3887 - authorize City ManaQer to siQn ChanQe Order No. 2 for North 19th AvenueNallev Center Road improvement proiect - add $48.824.75 and no calendar days COMMISSION RESOLUTION NO. 3887 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING ALTERATION/MODIFICATION OF CONTRACT WITH JTL GROUP, INC., BELGRADE,MONTAN~ 01 -1 7-06 - 3 - Authorize City ManaQer to siQn - Aareement for Reimbursement between School District No.7 and the City of Bozeman - payback for sewer line extension to school bus barn site on North 27th Avenue Authorize City Manaaer to sian - Acceptance of Grant Deed from John P. Scullv to the City of Bozeman - 30-foot-wide strip alonQ Ice Pond Road and 60-foot-wide strip that adioins South Rouse Avenue north of East Cleveland Street (portions of old ChicaQo. Milwaukee. St. Paul and Pacific railroad riaht-of-wav) Authorize City Manaaer to siQn . Acceptance of Sanitary Sewer Pipeline and Access Easement and Agreement - Montana State University - 30-foot-wide easement extendina northward from a point north of Stucky Road (for Meadow Creek Subdivision) Authorize City Manaqer to siQn - Purchase Aareement for riQht-of-wav alonQ south side of Durston Road at Fowler Avenue (5000 Durston Road) - William B. And Lois A. Lvdens: Acceptance of Public Street Easement for 50-foot-wide strip alona north end of property located at 5000 Durston Road Award bid for 265 front end solid waste containers - Wasteauip/Mav ManufacturinQ. Arvada. Colorado. in the bid amount of $157.380.00 BuildinQ Inspection Division report for December 2005 Claims It was moved by Commissioner Rupp, seconded by Commissioner Kirchhoff, that the Commission approve the consent items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rupp, Commissioner Kirchhoff, Commissioner Jacobson, Commissioner Becker, and Mayor Krauss; those voting No, none. Public Comment No public comment was received. Selection of Mavor Pro Tempore for Calendar Years 2006 and 2007 Commissioner Kirchhoff noted that the Mayor Pro Tempore is typically selected to be the Mayor Elect. It was moved by Commissioner Kirchhoff, seconded by Commissioner Jacobson, that Commissioner Jacobson be appointed Mayor Pro Tempore for calendar years 2006 and 2007. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Jacobson, Commissioner Becker, Commissioner Rupp, and Mayor Krauss; those voting No, none. Appointments to Boards and Commissions: Audit Committee: Beautification Advisorv Board: Board of Appeals; Bozeman Area Bicvcle Advisorv Board; Cemetery Board: City-County Board of Health: City Planning Board: Downtown Bozeman Improvement District Board (IDB): Fire Code Board of Appeals; Historic Preservation Advisorv Board: Impact Fee Advisorv Committee: Local Water Qualitv District Board: PedestrianlTraffic Safety Committee: Recreation and Parks Advisorv Board: Senior Citizens' Advisory Board: Transportation CoordinatinQ Committee: and ZoninQ Commission Included in the Commissioners' packets was a memo from Deputy City Clerk Devin Harbour forwarding the list of applicants for the various boards and commissions. Mayor Krauss recommended that each board be approved as it came. 01-1 7-06 - 4 - Commissioner Kirchhoff suggested that following procedure would be cumbersome, and instead suggested that If a Commissioner wanted to recommend a candidate then he or she should just speak up. Audit Committee. It was moved by Commissioner Kirchhoff, seconded by Commissioner Rupp, that Sue Becker be reappointed to the Audit Committee, with a two-year term to expire on February 28, 2008. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Rupp, Commissioner Becker, Commissioner Jacobson, and Mayor Krauss; those voting No, none. Beautification Advisory Board. It was moved by Commissioner Kirchhoff, seconded by Commissioner Rupp, that Charlotte Knighton be appointed to replace Micheline Bisaillon, with a term to expire on June 30, 2006, and that Candace Mastell be appointed to replace Chris Nixon on the Beautification Advisory Board, with a three-year term to expire on June 30,2008. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Rupp, Commissioner Becker, Commissioner Jacobson, and Mayor Krauss; those voting No, none. Board of Appeals. It was moved by Commissioner Rupp, seconded by Commissioner Kirchhoff, that Bayliss Ward, an architect, be reappointed to the Board of Appeals with a three-year term to expire on December 31, 2008. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rupp, Commissioner Kirchhoff, Commissioner Jacobson, Commissioner Becker, and Mayor Krauss; those voting No, none. Bozeman Area Bicycle Advisory Board. It was moved by Commissioner Becker, seconded by Commissioner Kirchhoff, that David Baumbauer, Jon Henderson, Matt Jennings, and Matt Rognlie be reappointed, with two-year terms to expire on December 31, 2007; that David Kunkle be appointed to replace Susan Gallagher; and that Jim Webster be appointed to replace Steve Eiger, with terms to expire on December 31, 2007. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Becker, Commissioner Kirchhoff, Commissioner Jacobson, Commissioner Rupp, and Mayor Krauss; those voting No, none. Cemetery Board. There were no applications for this board. City-County Board of Health. It was moved by Commissioner Jacobson, that Joe Hupka be appointed to replace Brian Leland as the City's representative, with a three-year term to expire on January 5,2009. The motion died for lack of a second. It was moved by Commissioner Kirchhoff, seconded by Commissioner Becker, that Brian Leland be reappointed as the City's representative on the City-County Board of Health, with a three-year term to expire on January 5,2009. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Becker, Commissioner Rupp, and Mayor Krauss; those voting No being Commissioner Jacobson. City Planning Board. There being no Commissioner objections, Mayor Krauss appointed JP Pomnichowski to the City Planning Board, with a two-year term to expire on January 31,2008. Various Commissioners expressed concern about not knowing the applicants for the board and, as a result, chose to delay any additional appointments to next week's meeting. Community Alcohol Coalition. Mayor Krauss noted the open position is for a high school student and encouraged the Commissioners to seek applicants for this vacancy. Downtown Bozeman Improvement District Board (I DB). It was moved by Commissioner Kirchhoff, seconded by Commissioner Rupp, that Chris Naumann be appointed to replace Kathy Rinker as a voting member, with an initial term to expire on June 30, 2009 , and that Vonda Laird be appointed to replace Chris Naumann as a non-voting member, with an initial term to expire on June 30, 2009. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Rupp, Commissioner Becker, Commissioner Jacobson, and Mayor Krauss; those voting No, none. Fire Code Board of Appeals. It was moved by Commissioner Kirchhoff, seconded by Commissioner Jacobson, that Bayliss Ward be reappointed to the Fire Code Board of Appeals with a three- 01-17-06 ~ 5 ~ year term to expire December 31,2008. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Jacobson, Commissioner Becker, Commissioner Rupp, Mayor Krauss; those voting No, none. Historic Preservation Advisory Board. It was moved by Commissioner Rupp, seconded by Commissioner Kirchhoff, that Todd Larkin be appointed to replace Jeff Rupp as an at large member, with an initial term to expire on June 30, 2007 that Edward Szczypinski be appointed to replace Melissa Sumerfield as a neighborhood representative, with an initial term to expire on June 30,2007; and that Edwin Ugorowski be appointed to replace Dick Shanahan as the Main Street representative, with an initial term to expire on June 30,2007. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rupp, Commissioner Kirchhoff, Commissioner Jacobson, Commissioner Becker, and Mayor Krauss; those voting No, none. Impact Fee Advisory Committee. It was moved by Commissioner Rupp, seconded by Commissioner Kirchhoff, that the following be initially appointed to the Impact Fee Advisory Committee with expiration dates as follows: 1 CPA Not Filled 1 Builder Tim Dean December 31 , 2008 1 Land Developer William G. Simkins December 31,2007 2 Citizen Member Ron Kaiser December 31 , 2008 (with no development interest) Not Filled 2 At Large Randy Carpenter December 31 , 2007 Debra Becker December 31 , 2008 The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rupp, Commissioner Kirchhoff, Commissioner Jacobson, Commissioner Becker, and Mayor Krauss; those voting No, none. Local Water Quality District Board. No applicants. PedestrianlTraffic Safety Committee. It was moved by Commissioner Rupp, seconded by Commissioner Jacobson, that Tracy Valesquez be reappointed to the PedestrianlTraffic Safety Committee with a two-year term to expire on December 31,2007. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rupp, Commissioner Jacobson, Commissioner Kirchhoff, Commissioner Becker, and Mayor Krauss; those voting No, none. Recreation and Parks Advisory Board. It was moved by Commissioner Becker, seconded by Commissioner Kirchhoff, that Joanne Jennings be reappointed, with a three-year term to expire on December 31, 2008; and that Chris Guy be appointed to replace Mary Vant Hull, and Anne Banks be appointed to replace John Harper, with three-year terms to expire on December 31, 2008. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Becker, Commissioner Kirchhoff, Commissioner Rupp, Commissioner Jacobson, and Mayor Krauss; those voting No, none. Senior Citizens' Advisory Board. It was moved by Commissioner Kirchhoff, seconded by Commissioner Jacobson, that Charlotte Kress be reappointed to the Senior Citizens' Advisory Board with a two-year term to expire on December 31,2007. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Jacobson, Commissioner Becker, Commissioner Rupp, and Mayor Krauss; those voting No, none. Transportation Coordinating Committee. It was moved by Commissioner Rupp , seconded by Commissioner Becker, that David Smith be reappointed to the Transportation Coordinating Committee, with a two-year term to expire on December 31,2007. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rupp, Commissioner Becker, Commissioner Jacobson, Commissioner Kirchhoff, and Mayor Krauss; those voting No, none. 01-17 -06 - 6 - Zoning Commission. It was moved by Commissioner Rupp, seconded by Commissioner Kirchhoff, that Nathan Minnick be appointed to replace Cliff Chisholm, and that JP Pomnichowski be reappointed to the Zoning Commission with two-year terms to expire on January 31, 2007. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rupp, Commissioner Kirchhoff, Commissioner Jacobson, Commissioner Becker, and Mayor Krauss; those voting No, none. Pre-application for Loval Garden Maior Subdivision - subdivide 75 acres located at southwest corner of intersection of Huffine Lane and Cottonwood Road into 156 residential lots (P-05072) Included in the Commissioners' packets was a memo forwarding the pre-application for Loyal Garden Major Subdivision along with comments from the various advisory bodies that have reviewed this application to date. Associate Planner Susan Kozub presented the pre~application. She noted that the development covers 75 acres. Baxter Creek begins on the north end of the development and a farmers canal is on the southern boundary. The subdivision pre-application shows 156 lots for single-family dwelling or duplexes, with mixed and higher density use towards Huffine. She noted that the RSL lots are all on the western boundary. Commissioner Kirchhoff suggested that the RSLs be dispersed and better mixed in with the rest of the lots rather than consolidated. He raised concern about the way the ordinance is written and owing to the 5,000 square feet lots, he noted that one is challenged because of CAHAB's recommendations and raised the question of whether this goes against the intent of the RSL ordinance. Ms. Kozub responded that it wasn't that they were just saying to scatter the RSLs, but look at attached RSLs, around 3,000 sq ft. Responding to questions from Commissioner Kirchhoff, Ms. Kozub said that a way could probably be figured out to disperse the RSL lots. Commissioner Kirchhoff said that it's better to have skinnier and deeper lot, rather than a more square lot, which he believes is more convenient to the RSLs. Ms. Kozub responded that skinnier and deeper lots only work better if there are alleys. She noted that there are RSLs that are being proposed as R-2 and R-3 and thinks there is a way to adjust the open space and still have the required number of RSLs. Ms. Kozub gave a description of the park land, noting that there is a lake on the property that will be enhanced and wetlands as well. The grid system connects to Huffine in two locations and to Cottonwood in two locations. For future use, this layout allows for three connections to the west. Rob Perzborn, representing the applicants, said that there three existing ponds, dug illegally in the 1970's. He stated that there are existing roads to deal with, Huffine and Cottonwood which will have a 120- foot right of way. There is some grey habitat and wetlands on the west and a tree farm on the property, as well as fruit trees in the northeast corner. He noted that the applicants want to create a great neighborhood, preserve critical lands, and have significant open space, trails, and buffering. He further stated that there are two trail connections, and that the farmer canal will make a great parkway. They have planned for a variety of housing and lot types, but will consider recommendations from CAHAB. He further declared that they will look for attached housing that meets the requirements. He said that engineering has issues with the traffic circles, and they are looking at them. Responding to questions from Commissioner Jacobson, Mr. Perzborn said that the long term plan is to not leave the warehouse or the barn on the property due to all the improvements that would have to be made. He also mentioned that it is being considered to move the structures, namely the barn, to a new location on the property. Commissioner Kirchhoff asked about retention ponds, bike ponds, and buffer easements. He asked whether when something is designated on a plan, and is there still a potential for development? 01-17-06 - 7 - Mr. Perzborn responded that the intention is to dedicate it to the public, but that the homeowners will still maintain it. Kirchhoff raised the concern that Huffine will not always be the way it IS now, and will be well inside the city limits at some point in the future. Due to the development, it will improve, by becoming an interior urban network. He stated that it's nice to see grass and trees, but it's more in keeping with an urban environment to see infrastructure and suggested that the buffer zone near Huffine may be excessive Mr. Perzborn stated that they are finalizing the floodplain study. He noted that Baxter creek starts right next to the warehouse and that the canal company doesn't want stormwater in their canal. The northeast areas of the development will probably in the 1 OO-year floodplain. Responding to questions by Commissioner Jacobson, Mr. Perzborn stated that work has been done to attempt to ensure that future developers to the northwest and northeast will keep to their strict trails and connectivity that are being established in this development. Responding to questions from Commissioner Becker, Mr. Perzborn said that the park space will probably be at the south end. Responding to concerns raised by Commissioner Becker about traffic on Huffine, Mr. Perzborn noted that the permits with the Montana Department of Transportation will be maintained and further noted that the traffic study, that was recently completed, demonstrated that there is no need for a stoplight in the foreseeable future. Commissioner Rupp commented that they need to work on the RSLs and the RSUs and that he looks favorably on the recommendation of CAHAB regarding smaller lots and the configuration if necessary and to take the affordable housing issue to the next level. Commissioner Kirchhoff was concerned with the water issues but generally thought it was a great design. He further stated that the Commission looks favorably on roundabouts, when they work. Certificate of Appropriateness to allow construction of rear addition to existinQ sinQle household structure and construction of new detached. one-car QaraQe. with deviation from Section 18.16.050. Bozeman Municipal Code. to allow proposed aaraae to encroach into the required 5.foot side yard setback - Edge Construction for Priscilla Wisner, 317 South 6th Avenue (Z-05285) This was the time and place set for the public hearing on the Certificate of Appropriateness to allow construction of a rear addition to the existing single household structure and construction of a new detached, one-car garage at317 South 6th Avenue, with a deviation from Section 18.16.050 of the Bozeman Municipal Code, to allow the proposed garage to encroach four feet into the five-foot side yard setback, as requested by Edge Construction for Priscilla Wisner under Application No. Z-05285. Public hearing Mayor Krauss opened the public hearing. Historic Preservation Planner Allyson Bristor presented the staff report. She noted that staff has reviewed the application in light of the applicable criteria and staff's findings are contained in the staff report. Staff has forwarded a recommendation of conditional approval. She noted that the property is in the Cooper Park historic district and conservation overlay district. She stated that the applicant is proposing to build a one-story addition to the house, to demolish the existing garage, and to construct a new garage, and is requesting a variance to allow the new garage to encroach into the five.foot setback. She noted the new garage will set one foot from the south line and will set on the footprint of the previous garage. She finished by stating that no public comment was received on this item. Since there were no Commissioner objections, Mayor Krauss closed the public hearing. Decision 01-17-06 - 8 - It was moved by Commissioner Jacobson, seconded by Commissioner Becker, that the Certificate of Appropriateness to allow construction of a rear addition to the existing single household structure and construction of a new detached, one-car garage at 317 South 6th Avenue, with a deviation from Section 18.16.050 of the Bozeman Municipal Code, to allow the proposed garage to encroach four feet into the five- foot side yard setback, as requested by Edge Construction for Priscilla Wisner under Application No. Z- 05285, be approved subject to the following conditions. 1 Prior to the Issuance of a Building Department's demolition permit, the applicant shall attempt to salvage the garage in its entirety or Its materials. The applicant may choose to salvage the garage or its materials at his personal expense (personal storage, etc), or he may offer them for trade and/or sale to the public (newspaper ad, etc.). The applicant is required to submit documented proof to the Department of Planning of the attempt to salvage the garage or Its materials. 2. The applicant shall provide a color and materials palette for final design review and approval by Administrative Design Review Staff 3. The applicant shall obtain a building permit and pay all required fees pnor 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. 5. The applicant must comply with all provisions of the Bozeman Municipal Code that are applicable to this project, including, but not limited to, the following: · Per Section 18.46.020.F, "Surfacing," all areas intended to be utilized for permanent parking spaces and driveways shall be paved With concrete or asphaltic concrete, or approved pavers, to control dust and drainage. The motion carried by the following Aye and No vote' those voting Aye being Commissioner Jacobson, Commissioner Becker, Commissioner Rupp, Commissioner Kirchhoff, and Mayor Krauss, those voting No, none. Conditional Use Permit - modify preliminary plan for Baxter Meadows Planned Unit Development. Phase I . (a) chanae land use desianation from Communitv Center to Residential for Lot 1. Block 1: (b) chanae land use desianation from Live/Work to Residential for Lots 5 and 6. Block 2; @) relaxation from Section 18.42.180.C to allow restricted size lots (RSLs) to be less than 5.000 sauare feet for sinale household detached dwellina: (d) relaxation from Section 18.42.180.D to allow dwellinas constructed on RSLs to not be subiect to Section 18.16.030.C. which establishes maximum floor area ratio of 1 :3.3 - PC Development for Baxter Meadows Development. LP. and Helena SDrinas Partners (Z-05264) This was the time and place set for the public hearing on the Conditional Use Permit to modify the preliminary plan for Baxter Meadows Planned Unit Development, to allow a change in land use designations and to allow additional relaxations to use existing residences in Phase I, to (a) change the land use designation from Community Center to Residential for Lot 1, Block 1, (b) change the land use designation from Live/Work to Residential for Lots 5 and 6, Block 2; @) proVide a relaxation from Section 18.42.180.C to allow restricted size lots (RSLs) to be less than 5,000 square feet for single household detached dwelling; (d) provide a relaxation from Section 18.42.180.D to allow dwellings constructed on RSLs to not be subject to Section 18.16.030 C, which establishes maximum floor area ratio of 1 :3.3, on property described as Baxter Meadows Phase I, Planned Unit Development, as requested by PC Development for Baxter Meadows Development, LP, and Helena Springs Partners under Application No. Z-05264 01-17-06 - 9 - Public hearing Mayor Krauss opened the public hearing. Associate Planner Jami Morris presented the staff report. She noted that staff has reviewed the application in light of the applicable criteria and staff's findings are contained in the staff report. Staff has forwarded a recommendation of conditional approval. She stated that the first requested modification is to change the land use designation from community center to residential on the property where the old farmhouse and barn are located. She stated that this is the parcel where the Pebble Brook development IS proposed; and the proposed YMCA would meet the community center needs. The second modification is to change the land use designation from live/work to residential on the property at the southeast corner of Gallatin Green and Equestrian Drive. The third modification is to allow existing residences in Phase I to count towards the RSL requirements for Phase III. Ms. Morris stated that staff has reviewed this application in light of the applicable criteria; and staff's comprehensive findings are contained in the written staff report. Based on those findings, staff has forwarded a recommendation for approval of the first modification for only the vacant portion of the site, approval of the second modification, and approval of the third modification, counting only those residences containing 1,575 square feet or less. She noted that the Design Review Board and the Zoning Commission have concurred in staff's recommendation. Responding to Commissioner Kirchhoff, Ms. Morris stated that staff has recommended modification for only the vacant portion of Lot 1 because it provides an opportunity for a higher level of density and allows the existing residence to operate as a bed and breakfast and the barn to possibly be used as a community center. Further responding to Commissioner Kirchhoff, the Ms. Morris confirmed that she portrays RSLs as providing for a particular niche, not necessarily for affordable development. Jason Leep spoke on behalf of the RSL issue for Baxter Meadows. He noted that they are asking to continue a housing project that has been providing some of the most affordable housing on the market in Bozeman. He noted that there were no RSLs when the project started. They are going back to request credit to meet the intent of the RSLs. If they cannot count these, this will be a disincentive and will trade the 5000 square-foot lot, but they don't want to do that. He stated that Phase 3 will be seen on February 6th. In 2004, 17 of the 20 least expensive houses sold were in this development, and fourteen of those were the bungalow types. He stated that this is a proven track record and wants to continue the bungalow housing program. Responding to questions from Commissioner Becker, Mr. Leep said that they are working with Lanette Windemaker in order to get current owners to sign a deed restriction. They think that the current owners will sign the deed restrictions because the houses are on the setback so there is no room to grow anyways. He thinks that they can get enough signatures, and they are compensating the owners Responding to questions from Commissioner Rupp, Mr. Leep noted that the requested lots will be counted as the RSL lots for Phase III. He stated that there are 25 lots in Phase II that don't have houses on them, and their intent is to not build RSLs in Phase III. They are trying to meet the provision of affordable housing, but meet the intent of the old PUD. Commissioner Rupp asked about the $155,000 dollar price structure on the homes, and Mr. Leep responded that some units around the under 1,000 square-foot, but the people who generally buy them rent them out. Mr. Leep further responded that they don't build the homes, but they will move forward on owner- seller houses. Commissioner Rupp stated that the affordable housing is still not there and wants a price restriction on at least two lots. Mr. Leep said that they will be willing to discuss, but not commit to selling a house for $155,000. Responding to questions from Commissioner Jacobson, Mr. Leep responded that they can live with the proposed conditions and still meet their objective. 01-17-06 - 10- Michael MacGullam, 2123 Gallatin Green Boulevard, president of the HOA from Phase I, commented on the community center designation that is on the barn. The residents had hoped it would stay, even though there was never a lot of detailed discussion on the intentions of the developers. He stated that he thinks the developers are keeping true to the Intention. He stated that he really likes the idea of the YMCA becoming a reality and likes the location, it being a good compromise. His was concerned with keeping the community center designation on the barn and IS this realistic. He questioned whether it could be turned into another building to meet the need and was concerned if there was enough parking and what impact would the increased traffic have. Matt Nessler, echoed Mr. MacGullam's comments. He stated that he has been associated with Baxter Meadows and that the community center needs have been met; the developer has gifted the five acres for the YMCA and the YMCA will purchase two additional acres. He noted that he is also associated with the barn area development and would like to see the community center zoning lifted on the barn. He noted that the developers might gift it as a park so it could be used. He finished by saying that it is possible that the barn could be somewhere on the 16 acre site and that this could serve the community better. Commissioner Becker asked Ms. Morris about the change to homeowners who bought in good faith in Phase I. She noted that the YMCA is not for sure and that people bought in Phase I thinking there will be a community center in their neighborhood and that she doesn't think it should all be reSidential. Mr. Leep said that the boundary alignment is before the County Commission tomorrow. Once that is settled, the YMCA is moving forward. Since there were no Commissioner objections, Mayor Krauss closed the public hearing. Decision Commissioner Jacobson was concerned with the RSL requirement of ten percent of total lots being met at the end of the development. Commissioner Becker noted that staff recommendations are for what is better for the community as a whole and what the growth plan is trying to do. He stated that he understands the concern for the elimination of the barn, but plans are in place that would accomplish the goal of the barn. Flexibility is something that the Commission will be doing in the future and that this makes sense to him. Commissioner Kirchhoff said that if you look at Baxter Meadows as a whole, it's quite different. There were ongoing conversations about open space and parkland and carrying things over from one phase to another. He thinks the relaxation will allow things to go forward, but wants to avoid constant argumentation. He concluded by saying that Baxter Meadows is ahead of it's time. Mayor Krauss observed that when we consider the west one~third of the development, they added considerable density and that lots of people object to that kind of density. He and Commissioner Kirchhoff though that they were approving a superior product. He thinks that what's happening now is living up to that agreement they made and not going denser. He noted that the Commission can go with a denser development and put the RSLs in but that is somewhat against what was bought off on before. He wants to accept the staff's recommendation. He thinks they will be holding standards and perhaps more stringent standards. Mr. Leep responded that there is an added benefit to these lots. The ten percent is the area of the lots, not the lots themselves. They have asked to go to five percent but the staff didn't support that, they are requiring seven and one half percent so they are getting one and a half times as many units if they were the bigger lots in Phases III. So they are getting more units than if they are the 5,000 square-foot lots. Mr. Leep also stated that the Phase III requirements are being met, that is one of the options of the RSL provision. The RSL lots will continue in the center portion. He noted that it is the duty of the developer to make sure that they keep meeting the numbers. They are trying to convert 65 lots to count as RSLs, instead of the 30 needed. He stated that if they don't get the required number of restricted size lots from both existing homeowners and the proposed development, then lots in Phase III will be dedicated to meet the requirement, as will every subsequent phase. Commissioner Rupp said that it's important to continue the commitments that were made. 01-1 7-06 - 11 - It was moved by Commissioner Becker, seconded by Commissioner Kirchhoff, that the Conditional Use Permit to modify the preliminary plan for Baxter Meadows Planned Unit Development, to allow a change In land use designations and to allow additional relaxations to use existing residences In Phase I, to (a) change the land use designation from Community Center to Residential for Lot 1, Block 1; (b) change the land use designation from Live/Work to Residential for Lots 5 and 6, Block 2; @) provide a relaxation from Section 18.42.180.C to allow restricted size lots (RSLs) to be less than 5,000 square feet for single household detached dwelling; (d) provide a relaxation from Section 18.42.180.0 to allow dwellings constructed on RSLs to not be subject to Section 18.16.030.C, which establishes maximum floor area ratio of 1 :3.3, on property described as Baxter Meadows Phase I, Planned Unit Development, as requested by PC Development for Baxter Meadows Development, LP, and Helena Springs Partners under Application No. Z-05264 be approved subject to the following conditions: 1. The total floor area of the dwelling unit built on a lot subject to the provisions of Section 18.42.180, Provision of Affordable Housing, (excluding area used for a garage) shall not exceed 1,575 square feet. on Lots 1 through 40, Block 4, Baxter Meadows Subdivision Phase 1. 2. The RSL designation shall be recorded on the individual lots in a manner that will appear on a title search and include reference to the sunset provisions of Section 18.42.180. This recording shall occur after verification of dwelling unit size compliance on all constructed lots subject to Planning Department review and approval. 3. The owner shall execute and submit the following documents prior to final plan approval: a. A certificate of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions. b. A statement of intent to construct according to the final site plan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance. c. A certification that it is their intent to comply with the requirements of the Bozeman Municipal Code and any conditions considered necessary by the approval body. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Becker, Commissioner Kirchhoff, Commissioner Jacobson, Commissioner Rupp, and Mayor Krauss; those voting No, none. Preliminarv plat for Pebble Brook Minor Subdivision - further subdivide 4.77 acres at the southeast corner of the intersection of Baxter Lane and Ferauson Avenue extended into four lots - C&H EnQineerinQ and Survevina for Helena Springs Partners (located in Baxter Meadows Subdivision. Phase I) (P-05066) This was the time and place set for the public hearing on the Preliminary Plat for Pebble Brook Minor Subdivision, to further subdivide 4.77 acres located at the intersection of Baxter Lane and Ferguson Avenue, as requested by C&H Engineering and Surveying for Helena Springs Partners under Application No. P-05066. Public hearing Mayor Krauss opened the public hearing. Associate Planner Jami Morris presented the staff report. She noted that staff has reviewed the application in light of the applicable criteria and staff's findings are contained in the staff report. She said 01-17-06 - 12 - that they are proposing four lots, which are zoned R-3. She noted that the existing uses are: Lot 1 vacant, Lot 2 is barn, Lot 3 is residence, and Lot 4 is vivid network. She noted that no public comment was received. She noted that Lot 4 is for utility purposes and has no direct access to fire control and acknowledged that the fire risk is upon the owner. She noted that the planning team felt it was exempt from subdivision review based on state statutes. She finished by noting that the subdivision fits into the overall view of the PUD. Matt Nistler, representing the applicant, stated that thiS has been discussed on the previous application and that the barn was the site being discussed before. He noted that they are trying to utilize a prime site for development and noted that the vivid networks building will be given back to Baxter Meadows for their further use. Mike MacGullum, 2123 Gallatin Green, spoke that he is the HOA president and voiced considerations and concerns that were raised to him. He thinks that a properly developed area will increase the property value and wants something that will continue to increase property value for the eXisting property owner. Since there were no Commissioner objections, Mayor Krauss closed the public hearing. Decision It was moved by Commissioner Rupp, seconded by Commissioner Kirchhoff, that the Preliminary Plat for Pebble Brook Minor Subdivision, to further subdivide 4.77 acres located at the intersection of Baxter Lane and Ferguson Avenue, as requested by C&H Engineering and Surveying for Helena Springs Partners under Application No. P-05066, be approved subject to the following conditions: 1 . The applicant shall comply with all provisions of the Bozeman Municipal Code, which are applicable to this project. The applicant is advised that unmet code provisions, or code provisions that are not speCifically listed, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. The subdivision shall comply With all approved conditions of the Baxter Meadows Phase I Planned Unit Development. 3. The additional street lights required on Ferguson Avenue shall match the approved fixture for Baxter Meadows PUD. 4. The final plat shall include a note restricting Lot 4 to utility purposes only. 5. Temporary construction fencing shall be installed along the 50-foot watercourse setback from the delineated wetland edge. No fill or construction activity will be permitted within the fenced area. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rupp, Commissioner Kirchhoff, Commissioner Jacobson, Commissioner Becker, and Mayor Krauss; those voting No, none. Annexation of ~5 acres IvinQ alona Thomas Drive. north of Baxter Lane - C&H EnaineerinQ for William H. Louis, Brenda Burden. James D. Secor. and Bruce W. Campbell (A-05008) This was the time and place set for the continued public hearing on the annexation of ~5 acres located along the west side of Thomas Lane, north of its intersection with Baxter Lane, as requested by C&H Engineering for William H. Louis, Brenda Burden, James D. Secor, and Bruce W. Campbell under Application No. A-05008. Public hearing Mayor Krauss reopened the continued public hearing. 01-17-06 - 13 - Planning Director Andy Epple presented the staff report. He stated that staff has reviewed this application in light of the goals and policies contained in Commission Resolution No. 3137, and staff's comprehensive findings are contained In the written staff report. Based on those findings, staff has forwarded a recommendation for conditional approval, subject to the conditions being addressed prior to or in the annexation agreement. He stated the subject property lies north of the post office and west of the Target complex and noted that city limits surround the property. He noted that the application was for annexation of five lots; however, Mr. Bruce Campbell has subsequently submitted a letter withdrawing Lot 1 from the annexation request. Bill Louis, the applicant, wants to annex into the city to be a better part of the city. Responding to questions from Mayor Krauss, Mr. Louis responded that he is satisfied with the conditions outlined by staff. Responding to questions from Commissioner Jacobson, Mr. Louis noted that the lots are not vacant and they are R~S and are all occupied. No one was present to speak in opposition to the requested annexation. Since there were no Commissioner objections, Mayor Krauss closed the public hearing. Decision It was moved by Commissioner Kirchhoff, seconded by Commissioner Jacobson, that the Commission initially approve the requested annexation of -5 acres located along the west Side of Thomas Lane, north of its intersection with Baxter Lane, as requested by C&H Engineering for William H. Louis, Brenda Burden, James D. Secor, and Bruce W. Campbell under Application No. A-05008, and authorize and direct staff to bring back an annexation agreement addressing Item Nos. 1 through 13 listed below: 1. The Annexation Agreement, which addresses all terms placed on the annexation application by the City Commission, shall be returned to the City of Bozeman Planning and Community Development Department within one year of a City Commission decision to annex the property, or annexation approval shall be null and void. 2. Applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of SIDs for the following: Street improvements including paving, curb/gutter, sidewalk and storm drainage facilities for the following streets: a. North 27th Avenue b. Baxter Lane Signalization Improvements for the following intersections: a. North 27th Avenue/Baxter Lane The documents filed shall specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. 3. The owner shall provide a public street and utility easement for North 27th Avenue. The easement shall be 45 feet wide from the section line. This is one half of a collector standard as shown in the Transportation Plan. 4. Upon annexation all existing dwellings shall connect to city water and sewer. 01 -1 7-06 ~ 14 - 5. That the applicant execute at the Gallatin County Clerk & Recorder's Office a waiver of nght-to-protest creation of SID's for a City-wide Park Maintenance District, which would provide a mechanism for the fair and equitable assessment of maintenance costs for City parks as part of the Annexation Agreement. 6. The property owner shall provide usable water rights, or cash in-lieu thereof, in the amount determined by the Director of Public Service at the time the property is annexed to the corporate limits to the City of Bozeman. 7. The property owner should be advised that pnor to development of the property, the future developer(s) may be required to prepare, at their own expense, a comprehensive design report evaluating existing capacity of water and sewer utilities, storm water master plan and traffic impacts. 8. That at the time of any new development on the property, fire, street, water and wastewater impact fees will be assessed. Impact fees for the eXisting residences shall be paid with the submittal of a final plat, final site plan, building permit or connection to the municipal sewer and water systems, whichever occurs first, unless the dwelling unit(s) is demolished or moved. 9. The Annexation Agreement should include notice that, prior to development, the developer will be responsible for installing any facilities required to provide full municipal services to the property in accordance with the City's infrastructure Master Plan and all city policies and guidelines that may be in effect at the time of development. 10. An Annexation Map, titled "Louis Annexation Map" with a legal description of the property and adjoining rights.of-way and/or street access easements (if applicable) shall be submitted by the applicant for use with the Annexation Agreement. The map must be supplied on a mylar for City records (18-inch by 24-inch), a reduced 8W' by 11-inch or 8Y2-inch" by 14-inch exhibit for filing with the Annexation Agreement at the County Clerk and Recorder, and a digital copy for the City Engineer's Office. This map must be acceptable to the Director of Public Services and City Engineer's Office, and shall be submitted with the signed Annexation Agreement. 11. The landowners understand and agree that to achieve the goals and objectives set forth in the Bozeman 2020 Community Plan, any contiguous parks, open space, and/or trails shall be extended to the annexed property, and a Master Plan of said parks, open space and trails shall be provided with the signed annexation agreement. 12. The landowners acknowledge and agree that future development will comply with the goals and policies of the Bozeman 2020 Commumty Plan, and having recognized the City's concern for implementation of progressive urban design guidelines outlined in the Bozeman 2020 Community Plan for both community and neighborhood design, a Master Plan of the land use patterns and types for development of the property that addresses compatibility with and sensitivity to the immediate environment of the site and the adjacent neighborhoods relative to architectural design, building mass and height, neighborhood identity, landscaping, historical character, orientation of buildings, and visual integration shall be provided with the signed annexation agreement. 13. That the applicant executes all contingencies and terms of said Annexation Agreement with the City of Bozeman within one (1) year of approval by the governing body, or annexation approval shall be null and void. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Jacobson, Commissioner Becker, Commissioner Rupp and Mayor Krauss; those voting No, none. 01-17-06 - 15 - Zone Map Amendment - establish initial municipal zoninq desiQnation of IR-4". Residential- HiQh- density. on -5 acres lyinQ alona Thomas Drive. north of Baxter Lane - C&H EnQineerina for William H. Louis. Brenda Burden. James D. Secor. and Bruce W. Campbell (Z-05146l This was the time and place set for the continued public hearing on the Zone Map Amendment to establish an initial municipal zoning designation of IR-4", Residential-High-density, on :t4.55 acres on property located along the west side of Thomas Lane, north of its intersection with Baxter Lane, as requested by William H. Louis, Brenda Burden, James D. Secor, and Bruce W. Campbell under Application No. Z-05146. Public hearing Mayor Krauss reopened the continued public hearing. Planning Director Andy Epple presented the staff report. He noted that staff has reviewed the application in light of the applicable criteria and staff's findings are contained in the staff report. Staff has forwarded a recommendation of conditional approval. He stated that as properties come into the city, they need to be given an appropriate zoning. He noted that the applicant applied for R-4 high density, and staff considered this and recommended it be zoned R-3 to keep it compatible with area and be a transition area from the Gallatin Center business park. The Zoning Commission voted 3-0 to recommend R-3 and this is the recommendation staff is forwarding. He finished by stating that the northern property has withdrawn from the initial zoning as well. Mr. Louis stated that the reason he wanted R-4 is because one of the old Commissioners and the City Engineer came out and they made a suggestion of R-4 because there are three more lots to the north. He noted that there is about 15 acres and the land on the bottom IS zoned R-4. They suggested that N-27th will be a four-lane road, this should be R~4. The northern property will be sold soon and is going through the subdivision process. Mr. Louis said that the land to the east will be a business park and that North 27111 will be four-Ianed. He remembered that the Commissioner and City Engineer were thinking that it would be nice to have R-4 because of the corridor. He appreciates the planning help, but wants the Commission to take a look at the R-4 designation. After hearing comments from Commissioner Kirchhoff, he stated that they would be setting a precedence for more land that will be brought into the city in the future. He understands the spot zoning R-4 might not be feasible, but with the surrounding R-4 and the land mass to the north who will be asking R-4, this will look much differently. Responding to questions from Commissioner Becker, Mr. Louis stated that their intent is to build apartment complexes on the land because there is a need for more hOUSing. The land behind them will be putting in R-3 housing and there will be two parks to the east of them so they think it would be good to have a R-4 buffer to the lesser density behind them. Planning Director Epple said that if the other properties come in, there would be the opportunity for Mr. Louis to change his zoning designation in the future. Most of the other property owners in the area didn't want to participate at this time. He stated concerned about the R-3 to the east and the lower zoned county land. He noted that the neighborhood has been there for more than 30 years and are cautious about the city growing. Mr. Louis stated that he has come to the R-4 idea by talking to residents of the city, but added that he will be ok with R~3. Mayor Krauss appreciated his attitude by coming into the city without the mass of paperwork and experts behind him. Since there were no Commissioner objections, Mayor Krauss closed the public hearing. Decision Commissioner Kirchhoff noted that he echoes the sentiment that if it was more inclusive, then a R-4 would be a better suggestion. 01 -1 7-06 ~ 16 - It was moved by Commissioner Jacobson, seconded by Commissioner Becker, to establish an initial municipal zoning designation of "R-3", Residential medium-density, on :t4.55 acres on property located along the west side of Thomas Lane, north of its intersection with Baxter Lane, known as Lots 4,5,6, and 7, Baxter Lane Subdivision No.1, as requested by William H. Louis, Brenda Burden, James D. Secor, and Bruce W. Campbell under Application No. Z-05146, subject to the following conditions: 1. That the application for a Zone Map Amendment be approved for an "R-3" (Residential High Density District) zoning designation on the entire 4.55:t acres of land. 2. That the ordinance of the Zone Map Amendment shall not be adopted until the annexation agreement is signed by the applicant and formally approved by the City Commission. If the annexation is not approved, the application shall be null and void. 3. That the applicant submit a zone amendment map, titled "Louis Zone Map Amendment", on a 24-inch by 36-inch mylar, 8Y2-inch by 11-lnch, or 8Y2-inch by 14- inch paper exhibit, and a digital copy of the area to be zoned, acceptable to the Director of Public Service, which will be utilized in the preparation of the Ordinance to officially amend the City of Bozeman Zoning Map. Said map shall containing a metes and bounds legal description of the perimeter of the subject property, total acreage of the property and adjoining rights-of-way and/or street access easements. 4. That the ordinance for the Zone Map Amendment shall not be drafted until the applicant provides a metes and bounds legal description and map of the area to be rezoned, which will be utilized in the preparation of the Ordinance to officially amend the zone map. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Jacobson, Commissioner Becker, Commissioner Rupp, Commissioner Kirchhoff, and Mayor Krauss; those voting No, none. Zone Map Amendment. establish initial municipal zonina desionation on .455 acres located south of intersection Waaon Wheel Road and South Third Avenue - Bruce LieffrinQ. Brenda Winkler. James Sally. Steve Vanpelt. and Don Cowles (Z-05257) This was the time and place set for the Zone Map Amendment to establish an initial municipal zoning designation of "R-3", Residential-Medium-density on 0.455 acres, at property located at 31 00 Wagon Wheel Road with adjacent rights-of-way, as requested by Bruce Lieffring, Brenda Winkler, James Sally, Steve Vanpelt, and Don Cowles under Application No. Z-05257. Included in the Commissioners' packets was a memo from Assistant Planning Director Chris Saunders requesting that the public hearing be opened and continued to March 6. Public hearing Mayor Krauss opened the public hearing. It was moved by Commissioner Becker, seconded by Commissioner Rupp, that the public hearing be continued to March 6, 2006, per staff's request. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Becker, Commissioner Rupp, Commissioner Kirchhoff, Commissioner Jacobson, and Mayor Krauss; those voting No, none. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1) Copy of the neighborhood notice for the meeting for residents and business owners along North Rouse Avenue, set for 6:00 p.m. on Wednesday, January 25, at the Senior Center. o 1-17 ~06 - 17 - (2) Letter from Tobacco Free Gallatin providing information on the Clean Indoor Air Act and its implementation. (3) Notice of the Solid Waste Management District meeting to be held on January 18 along with minutes from the meeting held on December 21,2005. (4) Agenda for the Solid Waste Management District meeting to be held at 7:00 a.m. on Wednesday, January 18, in Manhattan. (5) Agendas for the County Commission meetings to be held at 9:00 a.m. on Tuesday, January 17, and at 1 :30 p.m. on Wednesday, January 18, at the Courthouse. (6) Agenda for the Development Review Committee meeting which was held on January 11. (7) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Wednesday, January 18, at the Professional Building. (8) Agenda for the Design Review Board meeting to be held at 5:30 p.m. on Wednesday, January 18, at the Professional Building. (9) Agenda for the Transportation Coordinating Committee meeting to be held at 9:30 .m. on Wednesday, January 25, in the Commission Room. (10) Assistant City Manager Ron Brey stated that the Commission can conduct a certain amount of business on the FYI. The park improvement grant program was created without any specific funding. He noted that there is $75,000 for people who would do an improvement to the parks at a 1: 1 match. The Recreation and Parks Advisory Board is asking if we can go back to the original way of managing the program, in which the Recreation and Parks Advisory Board had the final say in the appropriation of the funds. He noted that one of the reasons for asking for the change back to the original way of managing the fund is that sometimes the matching funds can be from fragile backers. The board appreciates having the authority to make these decisions. He finished by noting that staff endorses this, including City Manager Kukulski. (11) Director of Public-Safety Mark Tymrak announced the retirement of Deputy Chief Bill Dove. (12) Director of Public Service Debbie Arkell announced that she had a discussion about public restrooms downtown and warned us to be on the lookout for an article on that. (2) She announced that the County Commission adopted the transportation plan. (3) She also brought up that the City has been picking up a commercial garbage account without billing them for a long time. It's a policy that If the City makes an error in the customers favor they go back three years and bill. If the error is in the City's favor they go back one year. Responding to questions from Commissioner Kirchhoff, she stated that the parent company is not located here, and they have another business here, and didn't say whether they knew they were not being charged or not. She noted that there is another building that has been on city water since around 2001. She stated that they were never connected and one of the buildings has a backflow device improperly installed. They need to pay impact fees, and we will be hearing about them when they get the $100,000 bill. Responding to questions by Commissioner Kirchhoff, Director Arkell stated that one was discovered by Kevin Handelin and the other was discovered by the meter reader. (13~ Commissioner Kirchhoff staff met with CAHAB and the affordable housing session is set for January 30 h, to educate what has happened in the past with affordable housing issues and where it is going in the future. He noted that perhaps we need some inclusionary zoning or deed restriction. He noted that developers are providing some of the lowest costs, but people still cannot afford it, and he is looking forward to seeing how CAHAB can handle this. Director Epple noted that starting next week, there will be a new memo format with a new section, "significant remaining issues." 01-17-06 - 18 - Responding to questions from Commissioner Becker about the affordable housing work session that will be on January 30th and will be 6-9 p.m., City Manager Chris Kukulski said that this is the only item on the agenda. He also asked if there are other housing advocacy groups that have been Invited to the table. City Manager Kukulski said that if we want to make special invitation to people who provide housing such as contractors, etc, we can if the Commission wants to. Mayor Krauss noted that the public has the right to attend and participate, but public comment will be taken at the beginning of the meeting. (14) City Manager Kukulski raised questions about the annexation process. He noted that the rule-of-thumb has been to give people a year. He suggested that they don't need this long. The Miller Farm annexation has not been formalized, it has taken a lot of staff time and a lot of effort has gone into the review and development. If the Commission is comfortable with it, City Manager Kukulski suggested that the process should not take longer than 60.90 days. City Manager Kukulski noted that he will be coming forward with a memo. Mayor Krauss and Commissioner Kirchhoff indicated support (15) Commissioner Kirchhoff thanked the new Commissioners for raising the standard for appearance at the Commission meetings. (2) Commissioner Kirchhoff showed a small rendering of a piece of artwork that is composed of 5x7 photos that could all be put together in a circle, and if you could do it, you would see a 360 degree rendering of the gallatin valley. The artist contacted him and would be interested in having this art installed in the parking structure, and give them public art, and root them in the community. He noted that the artist has limited mobility. He further noted that the $20,000 price is negotiable. Mayor Krauss suggested there might be an art requirement on the federal funds that were received for the parking structure. Commissioner Becker said if it's an expenditure, we need to review it as any other expenditure, we should try to persuade her to donate the piece or write it off as a tax deduction. We might need to solicit work from more artists Commissioner Rupp expressed support for this project specifically and public works of art in general. Commissioner Jacobson likes the idea but sees it as a library project. $20,000 is not to high for the artist who made the piece. (16) City Manager Kukulski asked the parking commission about the Memorandum Of Understanding was whether we should buy Dick Clotfelter out. The Commissioner expressed that if Mr. Clotfelter is a willing participant in going forward with the construction, then we should let do it.. He thinks we should expect to break ground in 2006. (17) Commissioner Jacobson questioned the advertising on city vehicles. Wonders if there are two other Commissioners interested in bringing that back to the table. Kukulski responded that more than half of the department directors think this is a bad idea, but the other half think we are losing money in recycling, so we need to do something. Commissioner Kirchhoff would vote to rescind the ordinance. Commissioner Rupp said he would vote against the ordinance. Commissioner Rupp clarified that he would like to revisit this ordinance. Commissioner Kirchhoff wants to eliminate all public advertising. City Manager Kukulski said that the Recreation and Parks department could not operate without the advertising income. Appointment of Commissioner Liaisons and Members to Various Boards and Commissions Included in the Commissioners' packets was a memo forwarding a listing of the various boards and commissions. As a result of discussion, the Commissioners concurred in the following appointments: 01-17 -06 Board Audit Committee Band Board Beautification Advisory Board Board of Adjustment Board of Appeals Bicycle Advisory Board Cemetery Board City-County Board of Health City Planning Board Community Affordable Housing Community Alcohol Coalition CDBG Economic Development Design Review Board Downtown Improvement District Board Downtown Business Improvement District Fire Board of Appeals Gallatin Development Corporation Historic Preservation Advisory Board Impact Fee Advisory Committee InterNeighborhood Council Library Board of Trustees Local Water Quality District Board Montana Public Power Authority Parking Commission PedestrianfTraffic Safety Committee Recreation and Parks Advisory Board Senior Citizens' Advisory Board Tax Increment Financing Industrial District Board Transportation Coordinating Committee Tree Advisory Board Victim Witness Zoning Commission - 19 - Member/ Liaison Member Liaison Liaison Liaison Liaison Liaison Liaison Member Member Liaison Liaison Liaison Liaison liaison Liaison Liaison Liaison Liaison Liaison Liaison Liaison Member Member Liaison Liaison Liaison Liaison Liaison Member Liaison Liaison Liaison 2006-2007 Appointee(s) Krauss, Kirchhoff Jacobson Kirchhoff INACTIVE Becker Krauss Rupp Jacobson Kirchhoff Becker Becker Jacobson Kirchhoff Jacobson Jacobson Becker Jacobson Rupp Becker Rupp Krauss Kirchhoff Krauss Rupp Jacobson Krauss Rupp INACTIVE Rupp Krauss Kirchhoff Becker Adiournment . 10:08 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Kirchhoff, seconded by Commissioner Rupp, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being all Commissioner Kirchhoff, Commissioner Rupp, Commissioner Jacobson, and Mayor Krauss; those voting No, Commissioner Becker. 01-17-06 90-L~-~0 JOABV\J 's ~ )jJ81:J Al!:J Alnd80 -777; Nt]) :A8 03l:lVd3l:ld - OG- )jJ81:J Al!:J N\I^lllnS~ ~7~ :.183.L1V