Loading...
HomeMy WebLinkAbout2005-05-23 Minutes, City Commission, SPEC/WORK MINUTES OF THE SPECIAL MEETING AND WORK SESSION OF THE CITY COMMISSION BOZEMAN, MONTANA May 23, 2005 ***************************** The Commission of the City of Bozeman met in special meeting and work session in the Community Room, Gallatin County Courthouse, 311 West Main Street, on Monday, May 23,2005, at 6:00 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, Planning Director Andy Epple, City Attorney Paul Luwe and Clerk of the Commission Robin Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Signing of Notice of SDecial Meeting Each of the Commissioners, in turn, signed the Notice of Special Meeting. Public comment Mr. Jarrett Barber, 2188 Gallatin Green Boulevard #14, submitted pictures of the area where the Vida Urbana condominium project is proposed, and offered to respond to questions. ADDointment to Local Government Study Commission Distributed just prior to the meeting was a copy of the application for boards and commissions with supplemental information, as submitted by John Trull. It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that John Trull be appointed to the Local Government Study Commission to fill the vacancy created by Bill Wise's resignation. 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. Authorize staff to Droceed with reauest for DroDosals for sale/lease of the StOry Mansion Included in the Commissioners' packets was a memo forwarding the draft request for proposals for sale or lease of the Story Mansion, as prepared by Assistant City Manager Ron Brey. Responding to Commissioner Krauss, City Manager Kukulski confirmed that an initial deadline date of July 29 is included in the request for proposals, but it also allows the process to remain open until the property is sold or leased. He noted that this request gives approximately sixty days for responses, in light of concerns that the previous process did not allow adequate time. He then identified a deed restriction as the other issue for discussion and direction to staff. Commissioner Krauss noted that with Commission action last week, the lot lines are to be eliminated and the block become a single lot. He questioned the need for a deed restriction, but suggested that a statement be added to the request for proposals that reads "proposals including subdivision will not be considered" or, as an alternative, that a statement be added indicating preference will be given to proposals that restrict subdivision. 05-23-05 work ______ .n__.__.___.._. ,..._ _..._.._"._. ..._.._.__._ ___n._____ - 2 - Commissioner Youngman expressed her preference for including a deed restriction, noting that the Commission's action to aggregate all lots within this block could be reversed as soon as the property is purchased. She voiced her concern about institutional memory and her interest in protecting this single block, in response to the public desires for this property. Commissioner Krauss voiced his interest in selling this property as soon as possible to avoid additional vandalism and costs to the City; and he is concerned that adding a deed restriction prior to sale of the property could make sale more difficult. He then suggested that the section on the deed restriction be revised to provide that it be a preference and priority and that it would be attached at the date of sale. Commissioner Hietala voiced his interest in selling the property and restoring the health of the City's general fund. It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that staff be authorized and directed to proceed with the request for proposals for sale or lease of the Story Mansion as revised to include the clarification that preference and priority will be given to proposals that include adding a deed restriction at the time of sale. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala and Commissioner Krauss; those voting No being Commissioner Kirchhoff and Mayor Cetraro. Authorize City Manaaerto sign buy/sell aareement for existing Powder Horn parking lot at southwest corner of intersection of East Mendenhall Street and North Black Ayenue Included in the Commissioners' packets was a memo from Paul Reichert, Executive Director of the Downtown Bozeman Partnership, forwarding the recommendations from the Parking Commission and the Downtown Bozeman Improvement District Board (lOB) that monies from the cash-in-lieu of parking spaces and tax increment funds be used to purchase the existing Powder Horn parking lot, located at the southwest corner of the intersection of East Mendenhal Street and North Black Avenue, for the new intermodal facility. City Manager Chris Kukulski noted the Parking Commission has forwarded a recommendation that up to $250,000 in cash-in-lieu monies be used toward the purchase of the existing Powder Horn parking lot and the Downtown Bozeman Improvement District Board has recommended that up to $250,000 in tax increment financing funds be contributed toward the purchase of that lot. The City Manager then noted that the actual cost of the purchase is just under $479,000 plus slightly over $8,500 in costs associated with the purchase, resulting in a total cost of slightly over $487,500. The City Manager reminded the Commissioners that acquisition of this property is essential for the intermodal facility that is to be constructed beginning this summer. Responding to Commissioner Krauss, the City Manager confirmed that the City of Bozeman will be the owner of the property. It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the Commission authorize the City Manager to sign the buy/sell agreement for the existing Powder Horn parking lot at the southwest corner of the intersection of East Mendenhall Street and North Black Avenue and the expenditure of up to $250,000 in cash-in-lieu of parking monies and up to $250,000 in tax increment financing funds to cover the costs of the purchase. 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. Update on plans to expand the Business Improvement District. Paul Reichert Included in the Commissioners' packets was a memo forwarding information on the existing business improvement district, its current boundaries and proposed boundaries. Mr. Paul Reichert, Executive Director of the Downtown Bozeman Partnership, noted the current business improvement district (BID) was born in 2000, and was designed to provide the organization and staffing needed for downtown projects, including the streetscape enhancements. He noted that the Bozeman Downtown Partnership is comprised of the Downtown Bozeman Association, the Downtown Bozeman Improvement District Board (lOB), the Business Improvement District Board (BID) and the Parking 05-23-05 work - _n.___.____ - 3 - Commission. As a result, the Partnership and its staff are involved in all aspects of the downtown and its activities. Mr. Reichert stated the proposed expansion of the business improvement district is designed to generated additional funds for its activities and, thus, allow the program to be weaned off the tax increment financing monies. He noted that the existing district will expire in 2010 unless it is recreated by the property owners within the district, and under this proposal, the expansion of the district means the new properties will be in the district for only five years. He indicated that the proposed expansion, generally to the east, west and north, is designed to capture more of the commercial development in the downtown area. The first step is to approach the owners of those properties, seeking signatures on petitions to expand the district. Once a sufficient number of petitions have been gathered, they will be presented to the Commission, thus triggering the formal process for expanding the district. He indicated that, during this process, properties outside the proposed new boundaries may also petition to be included within the district. City Manager Kukulski noted that the downtown area extends beyond Grand Avenue and Rouse Avenue, and it is important to include all of the commercial properties that are viewed as part of the downtown. Responding to questions from Commissioner Krauss, Mr. Reichert stated that strictly residential properties may not be included within the business improvement district. He noted, however, that those living units within the district boundaries are included in the district and are assessed on their taxable value, as are all of the commercial properties. The Commissioners encouraged Mr. Reichert to pursue expansion of the business improvement district. Discussion re proposed revisions to Dowers and duties of Parkina Commission Included in the Commissioners' packets was a memo forwarding the current resolutions pertaining to the Parking Commission, a draft resolution expanding those powers and duties, a copy of state statute, and maps showing the current parking districts. Distributed just prior to the meeting was a revised draft resolution. City Manager Kukulski reminded the Commissioners that one of the goals adopted in December was to revise the Parking Commission's duties and powers. He noted that the Parking Commission, as currently structured, is advisory with very little authority. A review of other Parking Commissions in the state reveals that Bozeman's is one of the weakest; under the proposed revisions, it would become much stronger, but the City Commission would still appoint its members, and its budget would be part of the City's overall budget adopted by the Commission. He cautioned that under State statute, a Parking Commission has the authority to have bonded indebtedness and eminent domain; however, no member of the current Parking Commission wishes to exercise those authorities. He also noted that the land on which the parking lots are located is owned by the City of Bozeman. The City Manager indicated that, under the changes that would take place with adoption of the proposed resolution, the parking program in Bozeman would move toward being self-sufficient. Since the members of the Parking Commission have not had a clear picture of the revenues and expenditures for this program, they are nervous about the change; but he stressed it is not administration's intent to stop being financial partners until the program can support itself. Mr. Chris Pope, Chair of the Parking Commission, noted that the Parking Commission members have worked together for nearly five years and have repeatedly discussed this topic. He noted they have a very strong interest in the proposed changes, but are tentative because they don't have a specific plan for doing so. He also cautioned that all members are volunteers and, as a result, cannot devote a significant amount of time to this issue. He stressed it is the Parking Commission's intent to gently make changes to serve everyone better but not to make any drastic moves. Responding to questions from Commissioner Krauss, City Manager Kukulski and Director of Finance Anna Rosenberry indicated they do not expect to see any big changes in how the finances for parking activities are handled. It is anticipated that all revenues and expenditures will continue to run through the City's books and audits, and all employees will remain City employees. He acknowledged that, if the 05-23-05 work - .._._..__...____... .__n____._..___... -.- ...--..--..-.-. - 4 - Parking Commission wishes to do so at some time in the future, it can seek a complete separation from the City. Commissioner Krauss stated he feels some checks and balances need to be added to the resolution to ensure that the City retains control of the monies and employees. Responding to Commissioner Youngman, the City Manager noted that, in the past, the Parking Commission did control its own monies; and the City received annual audit comments on that issue until it once again assumed control over those revenues and expenditures. He recommended that, at least for the first several years, the City retain control over the finances even with the expanded authority and responsibility of the Parking Commission. City Manager Kukulski noted that, in addition to the parking garage issues and the financial responsibilities, the Parking Commission is being asked to assume jurisdiction over the parking districts as well as the downtown parking. He noted that the cost of the permits in the residential parking districts has not changed since the program was started in the mid 1990s. He stated a pemit costs $10 while a visitor permit costs $5. Proposed changes in the fees include a $2 to $5 increase per permit and prorating at six months rather than on a monthly basis. Further. the visitor permit is being closely reviewed to determine possible steps to minimize abuse of those permits. He concluded by indicating no change is proposed in the $15 fine that is currently in place for parking within the residential parking district without a permit. Commissioner Krauss noted that the high school is one of the few places in Bozeman where public transportation is available. Commissioner Youngman recognized the need to make changes in the manner in which parking issues are addressed. She noted. however, it is important to identify a structure that makes it easy on staff and addesses the abuses and inequities within the system. Commissioner Krauss stated it is important for each segment of the parking program to carry itself, not be supported by one of the other parking areas. City Manager Kukulski stated that, in addition to the proposed resolution amending the duties and powers of the Parking Commission, the Commission will be asked to consider ordinance revisions to allow for more aggressive and fairer enforcement in the downtown area at some time in the future. Mayor Cetraro thanked the City Manager and Parking Commission for the update. Progress report from librarv workina aroup Commissioner Youngman reported that the working group will be prepared to make a presentation within the next few days but is not ready to do so at this time. City Manager Kukulski noted that this diverse working group has unanimous support for the recommendations it is about to make, stressing that does not mean the discussion has been without questions or controversy. He then indicated this item will be placed on a future agenda. Informal review - allow construction of mid-rise condominium proiect containing 283 dwellina units on approximate Iv 6,75 acres in Baxter Meadows Subdivision. Phase II (Vida Urbana) CI-05013} Included in the Commissioners' packets was a conceptual plan for Vida Urbana, a mid-rise condominium project containing 283 dwelling units on approximately 6.75 acres in Phase II of the Baxter Meadows Planned Unit Development Subdivision. Contract Planner Lanette Windemaker noted that this request is for a mid-rise condominium project on Block 15, Baxter Meadows Subdivision, Phase II. The subject block is located north of the Trakker building and is bounded by Kimberwicke Street, Caspian Avenue. Galloway Street and Vaquero Parkway. She stated that, through the conditional use process, buildings in the B-2 zone may be extended to 49 to 57 feet, depending on the pitch of the roof, but not to the 55-foot height proposed. She reminded the Commissioners that in 2004, Baxter Meadows asked that a 72-foot height limit be established in the B-2 05-23-05 work -..--....--.----- -----....- ....- - 5 - zone within that subdivision, but the Commission did not approve the request. She concluded her presentation by noting that, on July 11, the Commission will be considering a concept plan from Baxter Meadows that would allow 96-foot-tall buildings in the B-2 zoning district. Mr. Greg Allen, applicant, noted that at the February 2, 2004, Commission meeting, when the conditional use permit for the planned unit development was considered, there was much discussion about building height, design and parking. He indicated this proposal includes a parking plan that provides adequate parking on site and almost 3 acres of open space in the center of the complex. He noted that this block is immediately north of the plaza in the neighborhood business district. Responding to Commissioner Kirchhoff, Mr. Allen stated that the dwelling units are to range from a 750-square-foot, one-bedroom unit to a unit with slightly over 2,000 square feet. A majority of the units will be small, and it is anticipated that they will be priced at $125,000 and up. All units are condominiums for sale, with the target market being young professionals on limited incomes and empty nesters. Further responding to Commissioner Kirchhoff, Mr. Allen stated that all setback requirements have been met; and he will work on the landscaping requirements to ensure that they are also met. He then turned his attention to the alignment of entrances, noting that is another issue that has arisen during the review process. He indicated that the proposed alignments are close to those in the master plan for the subdivision, and they can be moved slightly if necessary. He suggested that since this is the first development in this area, the entrances for other developments should be established to align with those in this development. Commissioner Kirchhoff identified the proposed height as the big issue and noted that is no problem to him. He noted the schematic reflects attractive buildings, and he is encouraged by the price points that have been identified. He stated that when the height issue was previously discussed, his concern was not allowing essentially a downtown that competes with the community's crown jewel; in this instance, he does not view the proposed housing development as a competing project. Commissioner Hietala characterized this project as great in the core downtown, but not in the northwest quadrant of the community. Responding to questions from Commissioner Krauss, Mr. Allen stated that the typical floor to ceiling height for lofts is 12112 feet; this proposal includes a height of 11 feet. He then indicated that these buildings are 4112 to 5 stories tall, but the high ceilings in these living units result in tall buildings. He indicated that the top floor is actually a deck for the top level units. He concluded by stating that this project would not be economically feasible in the downtown area, where land costs are substantially higher. Responding to Commissioner Youngman, Mr. Allen stated this parcel is one-quarter mile from the regional park. He also noted that, because of its relationship to the park, development would not block the view of the Bridger Mountains from the park. City Manager Kukulski noted that, with sprinkler systems and separation walls, fire issues and concerns can be adequately addressed. Commissioner Youngman acknowledged that she supports "height in the abstract better than in the concrete". She noted that the fabric in this area is low, with one and two-story units currently located within this subdivision; however, she recognized that heights will increase and become mixed in the adjoining neighborhood business district. She aCknowledged the difference between 57 feet and 65 feet is not much; and she is pleased to learn that the other concerns seem to have been resolved. She recognized that it may be possible to make the 65-foot height work; however, she is totally resistant to a 96-foot height. Mayor Cetraro stated he is willing to support a 57-foot height but cannot support additional height. Responding to Commissioner Krauss, Mr. Allen characterized the proposed structures as four stories with a mezzanine, which allows the rooftop decks, approximately 400 square feet, for each of the upper units. Commissioner Krauss stated he has problems allowing over the 57-foot height without excellent reasons to do so. He voiced appreciation for the structured parking that is included with this design. 05-23-05 work --- - 6. Responding to Commissioner Youngman, Mr. Allen stated that a decreased height would result in shrinking the heights of the living units or deleting a floor. He then stressed that those purchasing this type of unit like the higher ceilings, noting they are not interested in purchasing an apartment but want a more open feel. He then indicated that, since most of these units have only one exterior wall, they will be more energy efficient than a house, even with the higher ceilings. City Manager Kukulski noted it is hard to conceive that Bozeman will grow to 88,000; however, growth is currently outpacing all estimates. He cited the Village Lofts project in the downtown area, noting that each tower contains 40 units; 29 of the units were sold the first night they were on the market and a total of 36 units have already been sold despite the fact that construction has just begun. He stated 85 percent of those buyers are from Bozeman. Commissioner Kirchhoff thanked the applicants for giving the community a model project and an environment that he feels Bozeman must start embracing unless it wishes to push out in all directions. He appreciates the density, noting that if this project were built at average residential densities, it would cover 47 acres instead of just under 7 acres. Commissioner Hietala stated he feels this is a great condensed project in an appropriate zone. His only concern is "creating a little Dallas here", noting that the Commission has received comments that residents don't want to see tall buildings scattered throughout the community but that is what the current planning and zoning maps promote. He reiterated his interest in seeing this type of project in the downtown core rather than creating sprawl in the outer edges of the community. Commissioner Krauss stated that, for him to support the increased height, the overall project must be designed to meet the community needs and address all of the other issues that have been identified during this review. Mayor Cetraro thanked the applicants for the opportunity to review this proposed project. Informal review - allow conversion of existing garage into accessory dwellina unit - John Shankland. 314 North Grand Avenue (1-05014) Included in the Commissioners' packets was information on a proposal to convert the existing garage at 314 North Grand Avenue into an accessory dwelling unit. Historic Preservation Planner Allyson Bristor noted the applicant recently purchased this property and wishes to convert the existing garage into an accessory dwelling. She stated that under the unified development ordinance, an accessory dwelling unit must be located above a garage; and a minimum 1 O,OOO-square-foot lot is required to accommodate a second household. Responding to Commissioner Kirchhoff, the Historic Preservation Planner stated the applicant purchased the property with the assumption that the garage could be converted into an accessory dwelling unit to help cover the expenses of acquiring the property. She indicated that staff has tried to clearly state options in the memo and identify those that staff would and would not support. Ms. Elizabeth Ridenour, attorney representing the applicant, asked the Commission to right a wrong for her client by giving favorable consideration to this request. She stated her client has found himself in a devastating situation in purchasing his first home. Throughout the process, he was astute and asked many questions in light of the high real estate prices in Bozeman. He realized that the price of this house was a little beyond his means and, when he asked the realtor and the property owner, he was assured that he could convert the garage into an accessory dwelling unit to help write down the costs of the mortgage. In fact, the realtor showed him her conversion of the garage immediately across the street into a rental unit. So, on March 23, he purchased the property and subsequently went to the City to obtain the appropriate permits to make the conversion. At that time, he was informed that he could not do so. Ms. Ridenour stated the house was built in 1905, and the garage has been designated an historic structure. She noted that this conversion will allow the structure to be preserved and that the result meets the spirit of the law. 05-23-05 work .---- - 7 - Commissioner Kirchhoff stated that, while he empathizes with the applicant, it is not the Commission's job to correct the problem. He encouraged the applicant to pursue either the second or third option given by staff, which provides for an accessory dwelling unit either as a second floor on the garage or added onto the existing home. Commissioner Hietala voiced a willingness to hear this application and make a decision on the needed deviations. Commissioner Krauss noted he has been "on the losing end of 4-1 votes" on accessory dwelling units many times. His concerns generally revolve around parking and impacts on the neighborhood, and he cautioned that he would not be supportive if this proposal were brought back through the formal application process. Historic Preservation Planner Bristor noted that an off-street parking space would be required for the new dwelling unit in addition to the off-street parking spaces required for the existing house. She then turned her attention to the garage, noting it was constructed post 1946 and is, therefore, not original to the site. She recognized that care was taken to ensure that the garage relates to the house, and this property is a past preservation award winner. She aCknowledged that there are not many carriage houses on the north side of town; rather, the accessory buildings tend to be smaller shops and sheds constructed of materials that do not last for an extended period of time. Commissioner Youngman noted the Commission is on the cusp of revising the accessory dwelling unit regulations, and she is not certain how those changes might impact this proposal. In this instance, she noted the property is zoned R-4, which anticipates greater density and might provide an opportunity for the Commission to give favorable consideration. She then expressed concurrence with Commissioner Kirchhoff's observation that the Commission is not responsible for realtor misinformation. Ms. Ridenour stated that the second and third options in the staff memo are not options for her client since he does not have the monies to construct a new dwelling unit. Mayor Cetraro cautioned that the Commission is unable to consider the arguments being offered under this format, but can consider them during the public hearing process if the applicant chooses to proceed. He then thanked the applicant for the opportunity to conduct this review and provide input. Commission direction/input on draft budaet recommendations for water and wastewater funds. including direction to staff on utilitv rates. for Fiscal Year 2005-2006 Included in the Commissioners' packets were memos forwarding information on proposed rate increases for water, wastewater and solid waste services for the upcoming fiscal year. City Manager Kukulski asked that the Commissioners provide input on possible rate increases in the water, wastewater and solid waste services. He began with the water fund, noting that major capital projects, including the Lyman Creek Reservoir liner and the Hyalite transmission main, have depleted both the water fund and the water impact fee account so that the balances in both accounts are anticipated to be zero at tne end of those projects. He encouraged the Commission to consider a 15-percent increase in those rates, with 10 percent being used to fund the water fund and 5 percent to be earmarked toward replacement of the water plant, which is projected for five to seven years from now. The City Manager turned his attention to the wastewater fund, recommending that a 15-percent increase be considered. He recognized that a 5-percent increase in needed to maintain the current level of operations and suggested the remaining 10 percent be earmarked for plant replacement. He stressed that a new wastewater plant is essential within the next few years, and setting aside monies will allow the City to take advantage of any federal funds that may be available for this construction as well as possibly assist in obtaining better rates on the bonds by showing the City's commitment and planning for the project. Commissioner Hietala asked that additional information be provided, including what equipment requirements are not being funded and what caused the water fund to be thrown into a deficit situation. He then suggested that contruction of the new water plant be postponed three years, to allow the water fund to reach a positive cash flow position once again. 05-23-05 work --........--.. ..-...........---- - 8 - Commissioner Krauss encouraged the City Manager and Director of Finance to look at all enterprise funds to make sure that the revenues cover the costs. He then indicated that he is ready to move forward with the recommendations from the City Manager. Mayor Cetraro voiced support for 15 percent increases in both the water and wastewater funds but expressed an interest in receiving additional information on those funds as well. City Manager Kukulski turned his attention to the solid waste fund, noting that a 9-percent increase is needed to maintain operations for the upcoming year. He stated that this increase will allow the City to remain competitive in its rates while providing excellent service to the public. Director of Finance Anna Rosenberry stated that a review of this fund revealed the current collection fees do not cover the costs of recycling, and this adjustment in fees would move toward doing so. Director of Public Service Debbie Arkell stated that in the past, solid waste disposal helped to fund the costs of the recycling program. With the closing of the landfill, that portion of the revenues will no longer be available, so the total cost must be transferred to the solid waste collection program. She stated that a 27-percent increase would be needed to fully fund the shortfall in the recycling program, and staff determined that 9-percent increases over the next three years would be preferable to a larger increase this year. Commissioner Kirchhoff asked that the support information for these rate adjustments be provided in layman's terms so it is clear to the average person. City Manager Kukulski concluded this discussion by noting it is important to consider any rate adjustments in conjunction with the budgeting process. He then indicated that the general fund portion of the budget will be the topic of the next budget work session. Evaluation of work session/retreat held on ADril 25 City Manager Kukulski handed out the notes from the workshop held on April 25, as provided by Joshua Leavitt. He indicated that the committee will work to better refine the three to five year goals and to develop core values with a short sentence of explanation for each rather than a paragraph. Continued work session - review of DroDosed amendments to Unified DeveloDment Ordinance Included in the Commissioners' packets as a memo from Assistant Planning Director Chris Saunders forwarding responses to Commissioner questions regarding accessory dwelling units and the proposed revisions. Assistant Planning Director Chris Saunders briefly highlighted the information in his memo after which he returned to the proposed revisions pertaining to accessory dwelling units. as contained in Nos. 74 through 84. Mr. Bob Ekey, 719 South 6th Avenue, noted that he and his family were recently involved in the discussions revolving around an accessory dwelling unit behind their home. He stated that in his block there are 14 primary residences and 8 secondary dwelling units, and allowing additional dwelling units compounds the problems already encountered with this level of density. As a result, he has concerns about allowing multiple deviations for lot width and percentage of rear yard coverage. He suggested that eliminating the possibility of those deviations could help to ensure the integrity of the neighborhood. Planning Director Epple reminded the Commissioners that adaptive re-use of larger older homes was one of the main reasons for allowing accessory dwelling units. He noted, however, that having accessory dwelling units in the back yard has become more typical than in the home. Commissioner Krauss stressed the importance of protecting established neighborhoods and noted he would not be inclined to allow an accessory dwelling unit in University Subdivision or Marwyn Addition because of the negative impacts they would have in those subdivisions. 05-23-05 work -..-.."'..-.-... ----- --..-....--..-..-.... - 9 - Assistant Planning Director Saunders cautioned that, the more flexible the rules, the greater the effort and the amount of staff time expended in finding a way to approve a request. Mr. Rob Pertzborn stated he feels deviations can make a good project, and cautioned against eliminating all deviations. He suggested that the number of deviations allowed could be limited if the Commission so desires. Responding to Assistant Planning Director Saunders, a majority of the Commissioners confirmed support for Nos. 74 and 76. The Commissioners also expressed support for No. 77. Assistant Planning Director Saunders turned his attention to Nos. 78 and 80, noting they are directly opposed to each other. Mr. Rob Pertzborn noted he proposed No. 80 based on the Foxtail project in Cattail Creek Subdivision. He stated that within this subdivision, sewer has been extended to the backs of the units and the units have been constructed so that a kitchen may be added but, since this is an R-1 zoned subdivision, no accessory dwelling unit may be built there for five years. He suggested that this requirement be flipped so that an ADU may not be constructed after the first five years. Assistant Planning Director Saunders noted that protective covenants can also become an issue in some neighborhoods. He stressed that the neighborhoods are responsible for enforcing those covenants; however, covenants sometimes conflict with the zone code. A majority of the Commissioners indicated support for No. 80 with Options 1 and 3. The Assistant Planning Director turned his attention to the remainder of the revisions. A majority of the Commissioners indicated support for Nos. 81, 82 and 83 but did not support No. 84. Assistant Planning Director Saunders asked the Commissioners to briefly consider Item No. 199A, which pertains to temporary signs such as political signs and real estate signs; the Commissioners indicated support for including it in the revision process. Mayor Cetraro requested that continued discussion of the proposed revisions be placed on the June 6 agenda. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1 ) Letter from I. Edward Sondeno, 1612 South Tracy Avenue #8, voicing support for the proposed Town and Country Grocery. (2) Letter from Claudine Eckes, 2201 Maplewood Street, voicing support for a grocery store in the southeast sector of the community (3) Updated listing of planning projects to be considered at upcoming meetings, dated May 17. (4) Letterfrom Janet Krob, 1302 Rainbow Road, expressing support for the proposed Town and Country Grocery store. (5) E-mail from JP Pomnichowski forwarding her comments on the proposed revisions to the provisions for accessory dwelling units. (6) Letter from Camille and Paul Lindsay, 310 East Lincoln Street, voicing support for the Town and Country Grocery proposal. (7) Petition from business owners along North 7th Avenue requesting that monies be earmarked for enhancing that corridor and providing connectivity to other portions of the community. 05-23-05 work --.--. --.-.- . -.-.... --..-- .--......-.----..--.-- - 10- (8) Invitation to the Bear Aware Community Open House scheduled at Lamotte School, beginning at 6:30 p.m. on Tuesday, May 24. (9) Listing of the locations for upcoming Commission meetings, since a majority of the meetings are to be held at the Gallatin County Courthouse. (10) Copy of a press release announcing that garbage collection crews will not be working on Memorial Day. (11) Copy of a press release announcing that spring cleaning of streets and alleys was to begin on Monday, May 16. (12) Agenda for the School District NO.7 Board of Trustees meeting to be held at 7:00 p.m. on Monday, May 23, at the Willson School (13) Agendas for the Gallatin County Commission meetings to be held at 9:00 a.m. on Tuesday, May 24, and 1 :30 p.m. on Wednesday, May 25, at the Courthouse. (14) Agenda for the Gallatin County Planning Board meeting to be held at 6:30 p.m. on Tuesday, May 24, at the Courthouse. (15) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Wednesday, May 25, in the Commission Room. (16) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Wednesday, May 25, in the Commission Room. (17) Letter from the Office of the Lieutenant Governor, inviting elected officials to attend the Governor's Whistle Stop Tour in Support of AMTRAK on June 1 and 2. (18) Notes from the Community Alcohol Coalition meeting held on March 9. (19) Letter from Buz Cowdrey, dated May 19, encouraging the Commission to not terminate its garbage collection services. (20) Invitation to the reception being held for Steve and Jean Schnee at the HRDC office at 6:00 p.m. on Thursday, May 26. (21) Memo from Duane Burkenpas and Sondra Torma, Marwyn-Lindley Neighborhood Association, forwarding input on Item No. 78 of the proposed revisions to the unified development ordinance. (22) E-mail from Lt. Rich McLane, Bozeman Police Department, encouraging the installation of a traffic signal at the intersection of South Willson Avenue and West College Street. (23) E-mail from JP Pomnichowski requesting that monies be budgeted for a watercouse/ floodplain/hydrology study just west of the current city limits. (24) City Manager Chris Kukulski submitted the following. (1) Encouraged all Commissioners to attend the Montana on the Move meeting, to be held at the Museum of the Rockies on Wednesday morning. (2) Stated that the big cities had a positive meeting with the Governor on Friday morning, noting that this provides an opportunity to plant seeds of interest on the local level. (3) Announced that management staff has been working on issues of local interest that might be addressed in the three questions that the City may create for the prewritten national citizen survey. He reminded the Commission that this national survey allows the results from Bozeman to be compared with others from around the country, as a way to guage how this local government is doing. He noted the three top questions pertain to park maintenance assessments, enforcement of city ordinances, and possible support for local option taxes that would provide tax relief and funding for capital improvements. The survey is to be mailed to 800 residents in the community and then be tabulated electronically. The results would provide a benchmark from which the City Commission and management could then operate. 05-23-05 work -- - 11 - (25) Sanitation Superintendent Mark Kottwitz announced that a household hazardous waste collection event is to be held on June 17 and 18. (26) Director of Public Service Debbie Arkell submitted the following. (1) Noted that the City will close on the property at 1811 Durston Road on Wednesday afternoon, after which the house will be rented until work begins on the Durston Road improvements. (2) Stated that work was to begin on the North 19th Avenue/Valley Center Road project today. (3) Noted the West Babcock Street project is progressing well. (4) Stated that milling and overlay of North Rouse Avenue is to be done in the next few weeks. (5) Announced that she will be in Helena on June 3 for the hearing on the City's appeal of the DEQ decision on the stormwater permit. (27) Planning Director Andy Epple submitted the following. (1) Distributed copies of a handout on xeriscape landscaping. (2) Announced that the hearing on the Town and Country application is scheduled for July 18, which will give the applicant and neighborhood an opportunity to meet and determine if they can find common ground. (28) Commissioner Youngman noted the public has complained that they cannot hear in this Community Room. The City Manager responded that the City of Missoula and the City of Helena have received monies from Bresnan to improve their communications systems, and he may see if that is a source of funding to improve the sound system so everyone can hear. (29) Mayor Cetraro noted that he rode with the Police Department on Friday night. Adiournment -10:38 D.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 bei 9 Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, Commissioner Youngman a Mayor Cetraro; those voting No, none. AND . CETRARO, Mayor ATTEST: ~L~ R IN L. SULLIVAN Clerk of the Commission 05-23-05 work