Loading...
HomeMy WebLinkAbout2005-03-07 Minutes, City Commission .-----. ..-.....-..----.---- MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA March 7, 2005 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, March 7, 2005, at 7:00 p.m. Present were Mayor Andrew Cetraro, Commissioner Jeff Krauss, Commissioner Marcia Youngman, Commissioner Lee Hietala, City Manager Chris Kukulski, Assistant City Manager Ron Brey, Director of Public Service Debbie Arkell, Director of Finance Anna Rosenberry, Director of Public Safety Mark Tymrak, Planning Director Andy Epple, Acting City Attorney Tim Cooper and Clerk of the Commission Robin Sullivan. Commissioner Steve Kirchhoff was absent. The meeting was opened with the Pledge of Allegiance and a moment of silence. Authorize absence of Commissioner Kirchhoff from this meetina It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the Commission authorize Commissioner Kirchhoff's absence from this meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman, Commissioner Hietala and Mayor Cetraro; those voting No, none. Minutes - February 22. Februarv 28. and Februarv 28 Special Meetina. 2005 It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the minutes of the meeting of February 22, 2005, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Krauss and Mayor Cetraro; those voting No, none. Mayor Cetraro deferred action on the minutes of the meetings of February 28 and February 28 special, 2005, to a later date. Consent Items City Manager Kukulski presented to the Commission the following Consent Items. Proclamation - "Arbor Day" - April 29. 2005 Ordinance No. 1627 - establishina an initial municipal zonina desianation of "R-4". Residential Hiah-Density. on 40.22 acres described as Tract 1 and Tract 2. COS 1256 (lying along south side of Baxter Lane west of North 19th Avenue ); finally adopt ORDINANCE NO. 1627 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP BY ESTABLISHING AN INITIAL ZONING DESIGNATION OF "R-4" (RESIDENTIAL HIGH DENSITY DISTRICT) ON 40.22:!: ACRES SITUATED IN THE NORTHEAST ONE-QUARTER OF SECTION 2, TOWNSHIP 2 SOUTH, RANGE 5 EAST, PRINCIPAL MERIDIAN MONTANA, LYING ALONG THE SOUTH SIDE OF BAXTER LANE STREET AND EAST SIDE OF NORTH 27TH AVENUE. Ordinance No. 1628 - extendina life of tax increment financing district as established under the Urban Renewal Plan; provisionallY adopt and brina back in two weeks for final adoption 03-07 -05 ---------- ------------------- - 2 - ORDINANCE NO. 1628 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, EXTENDING THE LIFE OF THE TAX INCREMENT FINANCING DISTRICT ESTABLISHED UNDER THE URBAN RENEWAL PLAN DATED NOVEMBER 1995. Commission Resolution No. 3776 - intent to establish the name "Stockman Wav" for currentlv unnamed north/south street between Kaav Boulevard and Remington Way. west of South 19th Avenue: set Dublic hearing for ADril4. 2005 COMMISSION RESOLUTION NO. 3776 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO ESTABLISH THE NAME "STOCKMAN WAY" FOR THE CURRENTL Y UN~NAMED PRIVATE NORTH/ SOUTH STREET BETWEEN KAGY BOULEVARD AND REMINGTON BOULEVARD IMMEDIATELY WEST OF SOUTH 19TH AVENUE IN THE CITY OF BOZEMAN, MONTANA. Commission Resolution No. 3779 ~ adoDtina bv reference an uDdate to the Design Obiectives Plan COMMISSION RESOLUTION NO. 3779 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING BY REFERENCE AN UPDATE TO THE DESIGN OBJECTIVES PLAN TO PROVIDE GUIDANCE FOR QUALITATIVE DEVELOPMENT STANDARDS. Commission Resolution No. 3780 - authorizina sale of Dooled bonds for SID Nos. 675. 676,677.678 (North 19th AvenueNallev Center Road imDrovements) COMMISSION RESOLUTION NO. 3780 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO $3,001,000 POOLED SPECIAL IMPROVEMENT DISTRICT BONDS, SERIES 2005 (SPECIAL IMPROVEMENT DISTRICT NOS. 675, 676, 677, AND 678); AUTHORIZING THE ISSUANCE AND CALLING FOR THE PUBLIC SALE THEREOF. Authorize City Manaaerto sian Annexation Aareement with Mark Albrecht. DVM. for 2.8 acres located alona the northeast side of the frontage road. Walker ProDertv Subdivision Commission Resolution No. 3777 ~ annexation of 2.8 acres located alona the northeast side of the frontaae road. Walker ProDertv Subdivision COMMISSION RESOLUTION NO. 3777 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF A CERTAIN TRACT OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID TRACT. Ordinance No. 1629 - establishina initial municiDal zonina desianation of "R~O". Residential Office. on 2.8 acres located along the northeast side of the frontaae road. Walker ProDerty Subdivision: Drovisionally adoDt and bring back in two weeks for final adoDtion 03-07 -05 .-..----- - 3 - ORDINANCE NO. 1629 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-O" (RESIDENTIAL OFFICE DISTRICT) ON 2.8 ACRES DESCRIBED AS LOT 2, BLOCK 5, WALKER PROPERTY SUBDIVISION PUD, LOCATED IN THE SWY.. OF SECTION 25, T1S, R5E, MPM, GALLATIN COUNTY, MONTANA. Authorize City Manaaer to sian Annexation Agreement with Stiff Cheese. LLC. for 0.937 acres located along the northeast side of the frontage road. Walker ProDerty Subdivision Commission Resolution No. 3778 - annexation of 0.937 acres located alona the northeast side of the frontaae road. Walker ProDertv Subdivision COMMISSION RESOLUTION NO. 3778 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF A CERTAIN TRACT OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID TRACT. Ordinance No. 1630 - establishina initial municiDal zonina desianation of "B-1". Neiahborhood Service. on 0.937 acres located alona the northeast side of the frontage road. Walker ProDerty Subdivision: DrovisionallY adoDt and bring back in two weeks for final adoDtion ORDINANCE NO. 1630 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 "B-1" (NEIGHBORHOOD SERVICE DISTRICT) ON 0.937 ACRES DESCRIBED AS LOT 1A1, BLOCK 4, WALKER PROPERTY SUBDIVISION PUD, LOCATED IN THE SEY.. OF SECTION 26, T1S, R5E, MPM, GALLATIN COUNTY, MONTANA. Authorize City Manaaer to sian Professional Services Aareement - Morrison-Maierle. Inc.. Bozeman. Montana. for engineering services for a new storaae buildina at the wastewater treatment Dlant Authorize City Manaaer to sian AcceDtance of Public Street Easement - 20 foot by 70 foot easement across COS No. 331 (at northwest corner of intersection of North 19th Avenue and Rawhide Ridae) -19th Avenue ProDerties. LLC Authorize City Manaaer to sign AcceDtance of Temporarv Construction Permit - Parcel No.1 0 for North 19th AvenueNalley Center Road Proiect - 1 O-foot wide striDs Dlus a trianale along the west side of North 19th Avenue -19th Avenue Properties. LLC Authorize City Manaaer to sian AcceDtance of Public Street Easement - triangle across Lot 1. Tract 6 of Gardner Simmental Plaza Subdivision (alona the southeast corner of the intersection of North 19th Avenue and Rawhide Ridge) - David McDonald and Richard Stefani Authorize City Manager to sian AcceDtance of T emDorarv Construction Permit - Parcel No. 14 for North 19th AvenueNalley Center Road Proiect - striD immediately adiacent to street easement - David McDonald and Richard Stefani 03-07 -05 --.. .. .-.--.,,---. .--- ---.--...-- -4- Authorize City Manaaer to sian Acceptance of Temporary Construction Permit - Parcel No.6 for North 19th AvenueNallev Center Road Proiect - parcel alona east side of North 19th Avenue at Bozeman Ford - Dave Wallin for Avatar. LLC Authorize City Manager to sian Acceptance of Temporary Construction Permit. Parcel No. 20 for North 19th AvenueNallev Center Road Proiect - 3 strips alona east side of Vallev Center Road. Bozeman Country Hotel Group. LLC Authorize City Manaaer to sign Acceptance of Public Street Easement . trianale across Lot 5. Gallatin Center Subdivision (alona the southwest corner of the intersection of Vallev Center Road and Catron Street) - Gallatin Center LP Authorize City Manager to sian Acceptance of Temporary Construction Permit - Parcel No.1 for North 19th AvenueNallev Center Road Project - 2 strips alona east side of Valley Center Road - Gene Graf for Gallatin Center LP Authorize City Manaaer to sign Acceptance of Temporary Construction Permit - Parcel No.8 for North 19th AvenueNalleY Center Road project - 4 strips alona west side of North 19th Avenue - Gallatin Center. LP Authorize City Manager to sign Acceptance of Temporary Construction Permit - Parcel No. 24 for North 19th AvenueNalley Center Road project - 3 strips alona the east side of Valley Center Road - Gene Graf for Gallatin Center. LP Authorize City Manager to sian Acceptance of Temporary Construction Permit - Parcel No. 25 for North 19 AvenueNalley Center Road project - a strip alona the west side of Valley Center Road - Gene Graf for Gallatin Center. LP Authorize City Manager to sian Acceptance of Public Street Easement - triangle across Lot 10. Gallatin Center Subdivision (along the southwest corner of the intersection of North 19th Avenue and Burke Street) - P.O.B. Gallatin. LP Authorize City Manaaer to sign Acceptance of Temporarv Construction Permit. Parcel No. 5 for North 19th AvenueNalley Center Road Proiect - 3 strips alona west side of North 19th Avenue - P.O.B. Gallatin Authorize City Manaaer to sian Acceptance of Temporarv Construction Permit - Parcel No. 5.1 for North 19th AvenueNallev Center Road Proiect - 3 strips alona west side of North 19th Avenue - P.O.B. Gallatin Authorize Mayor to sian. Bozeman Certified Local Government grant award for April. 2005 to March. 2006 - in the amount of $5.500 Award bid for remodel of second floor of the Alfred M. Stiff Professional Buildina - R & R Taylor Construction. Bozeman. Montana - in the amount of $168.481 Award bid for SID No. 683 (West Babcock Street improvements) - JTL Group. Inc.. Belgrade. Montana - in the amount of $3.249.756 Commission Resolution No. 3781 - award bid for SID No. 683 bonds (West Babcock Street improvements) COMMISSION RESOLUTION NO. 3781 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO $1,372,000 SPECIAL IMPROVEMENT DISTRICT NO. 683 BONDS; AWARDING THE SALE THEREOF AND APPROVING CERTAIN MATTERS WITH RESPECT THERETO. Claims 03-07 -05 - 5 - It was moved by Commissioner Hietala seconded by Commissioner Krauss, 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 Hietala, Commissioner Krauss, Commissioner Youngman and Mayor Cetraro; those voting No, none. Public comment No comment was received under this agenda item. Presentation - National award for savina a life (American Red Cross) Mayor Cetraro awarded the Certificate of Merit to Colleen Muzynoski "for selfless and humane action in saving a life". This certificate was awarded to Colleen for her part in saving the life of her brother, James Muzynoski, when he had an apparent reaction to his medication for knee surgery. This is the highest award given by the American Red Cross to an individual who saves or sustains the life of another by using the skills learned through an American Red Cross course. This action exemplifies the highest degree of concern one human being for another. Mayor Cetraro congratulated Ms. Muzynoski on receiving this award. Preliminary Plat - The Leaends at Bridaer Creek Subdivision ~ subdivide 20.12 acres located at the northeast corner of the intersection of Story Mill Road and Bovlan Road extended into 35 single- household and 30 townhouse lots ~ Van Bryan Architects for AsDen Partners I. LLC (P~04061) This was the time and place set for the continued public hearing on the preliminary plat for The Legends at Bridger Creek Subdivision, as requested by Van Bryan Architects for Aspen Partners I, LLC, under Application No. P-04061, to subdivide 20.12 acres described as Tract 7 A, Certificate of Survey No. 2408, into 35 single-household and 30 townhouse lots. The subject property is located at the northeast corner of the intersection of Story Mill Road and Boylan Road extended. Continued public hearing Mayor Cetraro reopened the continued public hearing. Associate Planner Jami Morris identified the revisions that have been made since the February 22 Commission meeting. She noted that the applicant has revised the drawings for the subdivision, reducing the number of residential lots from 65 to 62 lots, providing for additional parking, removing Lot 11, adding an alley, and re-orienting some of the lots to eliminate the rear yard/side yard abutments. She then noted that, included in the Commissioners' packets was a memo providing information on three issues that have come to light in the last two weeks. She stated that the "hedge" along Story Mill Road is essentially within the road right-of-way and, if the Commission wishes to preserve as much vegetation as possible, it may be necessary to request a public access easement for the sidewalk. She noted that what has previously identified as a non-jurisdictional wetland may not be a wetland at all; as a result the Wetlands Review Board has withdrawn its recommendation that a 50-foot setback be required. Finally, she noted that the installation of a boulevard along the west side of Story Mill Road is not feasible because of the costs involved. Mr. Van Bryan, architect representing the applicant, gave a brief history of the project, noting that between March 2004 and March 2005, the applicant's team had no less than six meetings with neighbors and countless meetings with City staff. He noted Commissioner Kirchhoff had asked that action on this application be deferred so the development team could evaluate his proposed plan for street alignment, which was distributed during the public hearing on February 22. In light of the neighborhood concerns and Commissioner comments, and taking into consideration the topography, his design team has prepared a new plan that has subtle, yet substantive, changes. He highlighted those changes, which include aggregating all parkland and moving it the corner of the development, where it may be combined with parkland from adjoining developments in the future; and revising the street layout. The new layout includes an alley, which allowed them to address the adjacencies of side and rear yards. He stated that, though staff has recommended the townhouses be turned to address Story Mill Road, the new design does not make 03-07 -05 - 6 - that change because the design team determined this is an infill project and that to maintain the same orientation as other development in the immediate area is more appropriate. Mr. Bryan turned his attention to the sidewalk along Story Mill Road and the strong desire to protect as much of the existing vegetation along that roadway as possible. As a result, the sidewalk is to be moved inside the vegetation, within a 25-foot open space along Story Mill Road. He concluded by stating he feels this new plan is more appropriate and sensitive to the area. Mrs. Hallie Rugheimer, 1400 Story Mill Road, stated she is an adjacent neighbor. She encouraged the Commission to continue to guide and be supportive of developers along the creek, recognizing that the master plan shows this area as urban density residential. She asked that infill projects such as this be carefully considered, recognizing the sensitivity of the area. She noted these developers have gone to great lengths to integrate the neighbors' concerns into their design and to address the environmental concerns of the site and encouraged Commission approval. Mr. Peter Rugheimer, 1404 Story Mill Road, spoke in support of the new design. He noted that Mr. Bryan has met with him to identify the infrastructure needs for their property, which abuts the subject parcel, and he supports the proposed location of the parkland and the trails through the site. He stated that, since his property is located between this development and another proposed development to the east, he wants his property to provide a blend between the two. He concluded by voicing safety concerns about Bridger Drive, suggesting that with the increased development in the area, slowing the speeds or providing turn lanes may be essential. Mr. Russ Squire stated he has been involved in this project for nearly a year, and encouraged approval of this plan. He noted that this proposal incorporates restricted size lots into the design of the overall project and stated that keeping the vegetation along Story Mill Road will provide the privacy desired by those within the development. Mr. Dane Gamble, 13 Hitching Post Road, noted he also owns property at 1071 Story Mill Road. He stated that the existing vegetation plays a role in dust abatement as well as providing privacy for those within the development. He is pleased with the design and encouraged that the trail corridor be located on only one side of the creek so that the other side can remain a corridor for wildlife. Ms. Mildred McAfee, 1321 Bridger Drive, noted she and her sister are adjacent landowners to this subdivision and are pleased with its design. Since their property remains in agricultural use, she asked that border protection be ensured, possibly through the construction of a 5-foot-high, 11 Y:z-gauge chain link fence along the entire southern border, thus limiting potential liability for them. She stated that property border protection should be designed to protect the children and pets from this subdivision from injury by farm machinery and from their horses. In addition, she noted they use chemicals and fertilizer. She concluded by asking that the Commission approve this plan, noting the developer has agreed to install and maintain the desired fence. Mr. Don Jackson, 1280 Story Mill Road, stated his property abuts the proposed parkland, and his home is located 125 feet from the property line. He has attended every meeting on this proposal and feels his concerns have been addressed. He supports having the back yards of the townhouses in this development facing the back yards of the condominiums across the road. He also supports the plan to preserve more of the native vegetation along the road. Mr. Jackson turned his attention to watershed concerns, particularly since development is now moving into the Bridger Creek watershed. He noted that he has seen the creek flood three of the last nine years. As a result, he supports locating the parkland adjacent to the stream. He concluded by encouraging approval of this plan. Ms. Catherine Jackson, 1280 Story Mill Road, expressed her support for this project. She identified preservation of the mature vegetation and wetlands and the proposed parkland as key elements. She also supports having the units along Story Mill Road face the rest of the development, thus enhancing the sense of neighborhood. She also finds the street alignments are appropriate and address the concerns of the neighborhood, and encouraged Commission approval of this application. Mr. Van Bryan noted that 1.86 acres of parkland is required for this project; this plan provides 4.71 acres. He addressed Ms. McAfee's concerns, confirming his commitment to work with her on the fencing 03-07 -05 - 7 - issue. He then turned his attention to the relationship of the rear yards to the adjacent open space and indicated his intent to use a series of vegetative plantings to define the rear property lines and give a sense of separation where the public trails are adjacent to the private properties. He concluded by encouraging approval of this plan. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision Responding to questions from Commissioner Youngman, Mr. Bryan stated he is not opposed to the addition of a condition requiring those plantings to define the boundary between the rear yards and open space. He then noted he plans a similar solution between the sidewalk along Story Mill Road, which is to be located along the east side of the existing vegetation, and the adjacent back yards. He suggested that, in that location, berming may be used as well as the plantings to provide for additional privacy for those dwelling units. He indicated that he does not feel fencing for those units is appropriate. Commissioner Youngman suggested an additional condition to require delineation of the rear yards along the north side of the subdivision and suggested that Condition No.4 be revised to allow for location of the sidewalk along the east side of the existing vegetation along Story Mill Road. She expressed concern about allowing back yards adjacent to a roadway; however, in this instance she feels it is a little more appropriate given the pattern of development across the street and the existing mature vegetation. Responding to Commissioner Krauss, Mr. Bryan stated the homeowners' association will be responsible for addressing weed problems on those areas not under the City's responsibility. Further responding to Commissioner Krauss, Project Engineer Bob Murray stated no changes are planned on Story Mill Road in conjunction with this project. He noted that the traffic study shows the intersection of Story Mill Road and Bridger Drive will continue to operate at an acceptable level with this development. Commissioner Krauss stated he shares Commissioner Youngman's concerns about the failure to front the homes on the street; however, in this instance, he feels it is acceptable to orient the homes toward the interior of the subdivision given the amount of mature vegetation along the roadway. He proposed the addition of a condition that places responsibility for weed control and vegetation between the sidewalk and the road with the homeowners' association and a condition that fencing be limited to 3 feet 6 inches and be of an open style, as reflected in the covenants. Mayor Cetraro voiced his support for the subtle but substantial changes reflected in this new design and for the new proposed conditions. Commissioner Hietala noted he is pleased with the unanimous support from the rural neighbors and voiced appreciation for the applicant's work over the past couple weeks to make this a very nice subdivision. Associate Planner Morris forwarded staff's recommendation that the proposed Condition No.1 be eliminated and indicated that the Commission may remove Condition No.7 if it wishes. She then proposed that Condition NO.4 be amended to provide for a City-standard sidewalk to be located within a 10-foot-wide easement and that the vegetation be maintained so it does not encroach onto the sidewalk and thus impede pedestrian movement. It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the preliminary plat for The Legends at Bridger Creek Subdivision, as requested by Van Bryan Architects for Aspen Partners I, LLC, under Application No. P-04061, to subdivide 20.12 acres described as Tract 7 A, Certificate of Survey No. 2408, into 35 single-household and 30 townhouse lots, be approved subject to the following conditions: 1. In the event the City Commission grants a waiver to the block width requirement for buildings on Lots 1 through 8, Block 2, then the covenants shall reflect a requirement for additional architectural elements to be included on the facades facing Story Mill Road. 03-07 -05 -----.-..............". - 8- 2. Buildings proposed for construction with crawl spaces or basements shall include engineer certification regarding depth of ground water and soil conditions and proposed mitigation methods to be submitted with each building permit. The final plat shall include a notation that, due to high ground water conditions, full or partial basements are not recommended. 3. The natural fines trail depicted adjacent to Story Mill Road shall be replaced with a standard city sidewalk and located within a 1 O-foot-wide public access easement to the east of the existing vegetation, and the vegetation shall be maintained so it does not impede pedestrian movement along the sidewalk. 4. Cash in lieu of water rights, as calculated by the Director of Public Service, is due with the final plat. 5. An all weather access road will be required for the sewer main extension from the existing manhole to Phase I. 6. A 50-foot-wide setback shall be provided between the isolated wetland on the east property line and any paved surfaces or lot lines. 7. The shape of Lot 11, Block 1, shall be modified to place the mature Aspen grove outside of the lot line. 8. The open space areas shall be aggregated and added to the main park/open space area unless essential to meet the requirements of the unified development ordinance (e.g., stormwater detention, maintenance of mature vegetation, block length, or pedestrian walkways). 9. The area for the trail corridor between the vegetation along the north property line, the stormwater ponds and Lots 1 through 11, Block 1 shall be increased in order to provide ample space for a 6-foot-wide trail without disturbing the existing mature vegetation (GVL T recommends 25 feet wide). 10. A trail easement shall be provided between Lot 9, Block 5, and the east property line to establish an additional north/south trail corridor from Bridger Drive to Bridger Creek. 11. A residential/agricultural style fence, for the purpose of protecting the adjacent agricultural uses to the south, shall be constructed along the full length of the south property line prior to the issuance of any building permits. 12. The covenants shall reflect that the homeowners' association shall be responsible for maintenance of the vegetation and weed control within the right-of-way along Story Mill Road. 13. A hedge or other plantings shall be located along the north lot lines of Lots 1 through 10, Block 1, to delineate the boundary between the private lots and adjacent parkland/open space. 14. The covenants shall reflect that only open architecture fences, at a maximum height of 3 feet 6 inches, will be permitted on the rear property lines of Lots 1 through 8, Block 2, adjacent to Story Mill Road. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Hietala and Mayor Cetraro; those voting No being Commissioner Youngman. 03-07 -05 __ _________n_.___.__ ............. - 9- Certificate of Appropriateness to allow construction of a parking garage with -600 parkina spaces and -11.000 SQuare feet of retail space. with deviations to decrease the minimum yard on East Mendenhall Street: to increase the maximum buildina heiaht: to allow the intersection of Mendenhall Street and North Tracv Avenue to operate at a level of service less than "D": to allow proposed drive accesses to not complv with the minimum spacing distances: to allow proposed structure to encroach in the street vision trianales: and to decrease the minimum parkina stall length and minimum aisle width - Morrison~Maierle. Inc. and Pruah and Lenon Architects for The Garaae at City Center - 26 East Mendenhall Street (Z-05006) This was the time and place set for the public hearing on the Certificate of Appropriateness requested by Morrison-Maierle, Inc., and Prugh and Lenon Architects for The Garage at City Center under Application No. 2-05006, to allow construction of a parking garage with approximately 600 parking spaces and approximately 11,000 square feet of retail space on Parcel C, Certificate of Survey No. C-1-F, with the following deviations: (1) from Section 18.18.050.B.1., Bozeman Municipal Code, to decrease the minimum yard from 7 feet to 6 inches on East Mendenhall Street; (2) from Section 18.18.060.C.2., to increase the maximum building height from 70 feet to 74 feet; (3) from Section 18.44.060.0., to allow the intersection of Mendenhall Street and North Tracy Avenue to operate at a level of service less than "0"; (4) from Section 18.44.090.0., to allow the proposed drive accesses to not comply with the minimum spacing distances; (5) from Section 18.44.100, to allow the proposed structure to encroach in the street vision triangle at the intersection of East Mendenhall Street and North Black Avenue and the intersection of the alley and North Black Avenue; (6) and from Section 18.46.020, to decrease the minimum parking stall length from 20 feet to 18 feet and to decrease the minimum aisle width from 26 feet to 24 feet. The subject property is located on the half block surrounded by North Tracy Avenue, North Black Avenue, East Mendenhall Street, and the alley to the south, and is the site of existing surface parking lots. Public hearing Contract Planner Lanette Windemaker presented the staff report. She noted that the garage is to provide approximately 600 parking spaces and 11,000 retail space when fully completed. She reviewed the six deviations being sought in conjunction with construction of this parking structure and the reasons for each, as follows: (1) the deviation from the setback requirement on East Mendenhall Street is for a portion of the retail space and not the entire length of the structure; (2) the height deviation is for the elevator and stairways, and will exceed the height limitation by four feet when the third level is constructed; (3) the deviation for the level of service at the intersection of North Tracy Avenue and Mendenhall Street is requested since no traffic signal is proposed with the initial construction of the garage; (4) the deviation of the drive accesses is requested because they do not comply with the minimum spacing requirements; (5) the deviation for encroachments into the vision triangles is requested to allow for an optimum structure; and (6) the request to decrease the minimum parking stall length and minimum driving aisle width further allows for optimum parking. The Contract Planner stated that this application has been reviewed by the Administrative Design Review staff, and staff's findings are contained in the written staff report. She noted that staff submitted a recommendation for approval, subject to fifteen conditions, to the Design Review Board for its consideration. Because the Design Review Board's motion to forward that recommendation to the Commission failed on a tie vote, this application is being submitted without that recommendation. She noted the applicant has voiced disagreement with proposed Condition Nos. 4, 5, 6 and 10, and has chosen not to address Condition NO.12 as of this date since that issue arises with the third phase of the project. The Contract Planner concluded her report by noting this application has been forwarded with a recommendation from the Development Review Committee for approval subject to six conditions. She then noted that several letters have been received regarding this issue. Mr. Dick Clotfelter, applicant, gave a brief history of the project, noting that on June 13, 2003, the Arts at City Center project was announced; on June 23, 2004, he signed a Memorandum of Understanding to design and build a garage for the City; and it is now March 2005. Four public meetings have been held during the design process, with thirty to seventy people in attendance at those meetings. This plan has also been presented to the various advisory bodies, who have been generally supportive of the proposal; soils tests have been completed; and traffic studies have been done. Mr. Bob Marvin, Marvin & Associates, forwarded the results of the November 2004 traffic study for the Arts at City Center project. He stated the study is quite extensive and covers a substantial area around 03-07 -05 - 10- the circumference of the project. He indicated that four issues were identified: (1) signalization of the intersection of North Tracy Avenue and Mendenhall Street; (2) sight distance triangles; (3) neighborhood cut-through traffic; and (4) parking on neighborhood streets. As a result of this study, he found that a traffic signal at the intersection of North Black Avenue and East Mendenhall Street is critical since the main access to the garage is from North Black Avenue. That traffic signal will create gaps in the traffic on East Mendenhall Street and, as a result, he found that the level of service at the intersection of North Tracy Avenue and Mendenhall Street will actually improve and that a traffic signal at that intersection is not critical at this time. He further noted that in the central business district, mobility is not as critical as ease of access. He turned his attention to the sight distance triangle, noting that setbacks are not as critical at signalized intersections. Mr. Marvin addressed cut-through traffic and parking in neighborhoods, noting that an extensive analysis of the project suggests this development will attract about 2100 new trips to the downtown area. Using existing traffic patterns on every street entering the area, he found the highest percentage of distribution on any local street was East Lamme Street, with an estimated 2.6 percent increase between North Bozeman and North Rouse Avenues; and that is well within any average trip variation on traffic counts. He concluded by noting that the areas around this site are developed and, as a result, no new trips will be generated from those neighborhoods. He then recognized that there is heavy on-street parking in this area during the daytime, due in large part to the medical facilities. He suggested that a residential parking district be created only if there is a documented need for one. Mr. Rob Pertzborn reviewed the process to date. He noted that four public meetings have been held over the past six months, and each one has served as a building block for the next. He noted that the subject site is almost ideal for a parking structure, allowing for the most efficient use of space. He stated that massing issues and design of the structure were some of the issues raised. Also, the fabric of the downtown and the profiles of existing buildings were identified as issues to be considered in developing this plan. He gave a chronological overview of the topics covered at each of the four public meetings, which were held on July 28, August 25 and December 9, 2004, and March 3, 2005. Mr. Dick Prugh, architect, gave a power point presentation on the proposed parking garage, which included renderings of the structure. He noted that retail space is to be provided on the north elevation, wrapping around on the west end. Three elevators and three stair towers are to be included, with one of those elevators to be installed with the first phase. Access from the alley is to be provided during special events so that two main vehicle accesses are open during peak times. A public plaza is to be provided at the west end of the building. The basement level is to be used for secure lease parking. The typical levels of the structure are to be relatively flat, which allows for parking essentially anywhere in the garage. The first phase will contain approximately 350 parking spaces; the second phase will accommodate 450 parking spaces; and the third phase will result in a total of 600 parking spaces and will be constructed in conjunction with a convention center/office building/hotel project. He indicated that options for a reduced number of parking spaces are available for each phase of the garage. Mr. Dick Clotfelter concluded the presentation by noting that $3.5 million in tax increment bonding and $2.8 million in a private loan have been identified as the funding for this garage. The private loan has been partially funded, with a lead bank, four individuals serving as guarantors and three additional banks willing to participate without any guarantees. He has also continued to work with those at the federal government level, and it now looks like $4 million is being included in the bill making its way through the House of Representatives. He asked that the Commission give favorable consideration to this application, noting that he hopes to begin construction on the garage in June or July, with the project to be completed in nine or ten months. Ms. Ana Marie Torres stated that she and her husband own commercial and residential property in the downtown, and they live downtown; and noted the parking garage is needed now, not in the future. She has attended three of the four public meetings, which were very informative and she appreciates the fact that the ideas and thoughts voiced at those meetings have been incorporated into the final design. She concluded by expressing support for the use of tax increment monies and stated she wishes to lease parking spaces in this new garage. Mrs. Jane Jelinski, 433 North Tracy Avenue, expressed a number of concerns about the project, including whether the project was properly noticed. She noted that the Montana Department of Transportation has identified a Level of Service "B" as the desired urban design standard, with "C" being the minimum. The intersection of North Tracy Avenue and Mendenhall Street operates at a Level of Service 03-07 -05 - 11 - "0"; and federal monies cannot be used on a project that does not meet the federal standards for level of service. She noted that no traffic counters were used on North Tracy Avenue during the traffic study, and she envisions significant impacts on local streets in the immediate area if this project is approved. She voiced concern that during discussions a year ago, comments were made that the garage cannot be isolated from other pieces of the convention center; yet a news article on Saturday reported the only remaining piece of the original project is the hotel. She concluded by asking if public monies should be used to construct a parking garage for a hotel. Mr. Chris Pope, Chair of the Parking Commission, stated that at its meeting on February 10, the Parking Commission reviewed the plans for the garage and the process followed and forwarded its strong support for those plans. He noted that for the last ten years, the Parking Commission has worked hard to envision ways to improve parking in the downtown area. He stated key issues they identified include (1) a facility that provides a net increase in parking, (2) a facility compatible with the historic area and neighborhoods and (3) a facility that reflects quality design. He concluded by asking the Commission to approve this application and allow the project to proceed. Mr. Larry Bowman, Owenhouse Hardware, encouraged Commission approval of this application. He noted that parking is critical for downtown businesses, and that additional parking is needed now for both customers and employees. He voiced his interest in leasing parking spaces for employees so they can park in the structure and not in the neighborhoods. He concluded by noting that the availability of parking in the downtown is a factor in their business decisions on whether to remain in the downtown or seek a new location. Mr. Ralph Zimmer, Chairofthe PedestrianlTraffic Safety Committee, stated the parking garage has been discussed by that body on several occasions. He noted that, while the Committee has not made a formal recommendation, it has identified some pedestrian safety issues that it wishes to have addressed. Those include the possibility of bells at the exit points of the garage to warn pedestrians on the sidewalk and a question on how traffic is to be accommodate during construction. Mr. Paul Reichert, Downtown Bozeman Partnership, stated the downtown is strongly supportive of the project and getting it completed as quickly as possible. Mr. Bert Hopeman, Montana Gift Corral, noted he has been very involved in downtown development over the last ten years, and has cautioned about the fragility of downtowns. He stressed that downtown have a tremendous amount of competition and it is important to not take the core area for granted. He stated one of the main issues is parking for both customers and employees, noting that one parking space on Main Street is worth an estimated $30,000 to $40,000 in revenue to downtown businesses annually. He characterized the downtown as the crown jewel of the community and encouraged the Commission to support it by approving this application. Mr. Steve Schnee gave a brief history of discussions about the need for more conveniently located parking to facilitate commercial development, noting they date back to at least 1993. He observed that means parking needs were identified well over a decade ago, and it is important to act favorably on this proposal that would address that need. Mr. Dick Clotfelter responded to some of the issues raised. He noted that he has abandoned the idea of constructing a convention center in the downtown because the Chamber of Commerce does not support it and because HUD has announced that it has encountered trouble with financing small town convention centers. He stated, however, that a hotel remains a part of his overall project. At the present time, he noted that 80 percent of his time is spent on the Arts at City Center project as he moves forward with that part of the project. He concluded by asking for Commission approval of this application. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision Responding to Commissioner Krauss, City Engineer Rick Hixson confirmed that the level of service at the intersection of North Tracy Avenue and Mendenhall Street will improve with the installation of a traffic signal at the intersection of North Black Avenue and East Mendenhall Street; as a result, the deviation for level of service will not be needed. He then turned his attention to the federal funding issues, noting that Mendenhall Street is the only federally funded street in the immediate area, and it operates at a Level of 03-07-05 . ....-.-- ..--.... -------------.-. - 12 - Service "A". As a result, federal funding for this project is not in jeopardy because the level of service on City streets does not enter into the equation. Responding to Commissioner Krauss, Mr. Prugh stated there are currently 140 parking spaces in the surface parking lots; and the initial phase of the garage is designed to provide between 321 and 347 parking spaces. Further responding to questions from Commissioner Krauss, the City Engineer estimated the cost of a traffic signal on North Tracy Avenue at $150,000 to $200,000, depending on whether it is an historic light. Responding to Commissioner Youngman, Acting City Attorney Cooper stated that the project was properly advertised in the newspaper and was properly posted. At Commissioner Youngman's request, Contract PlannerWindemaker addressed the four proposed conditions with which the applicant has voiced disagreement. She noted that Condition NO.4 addresses the extreme differences between the dark brick and buff brick proposed and suggests the introduction of another color brick or mixing of the light and dark colors to break the existing contrast. She confirmed that simple detailing would address that condition. The Contract Planner turned her attention to Condition No. 5, which requires a change in the design of the windows in the office on the second floor. She noted the proposed windows do not provide the cadence or rhythm found in the downtown area and suggested that the addition of vertical elements would address that concern. She then indicated that Condition No.6 is designed to strengthen the horizontal design elements on the east elevation, particularly at the first, third and possibly sixth levels of the garage, which are essentially at the same levels as the detailing in the Powder Horn building. She noted that Condition NO.1 0 proposes more glass and less metal for the stairway at the southeast corner of the structure, giving it a more open look. She concluded by stating that Condition No. 12 is not being addressed at this time; rather, it is to be addressed with the third phase because that is the level that becomes readily visible from the street. Commissioner Youngman noted all of the designs ranked high by the public included more architectural detailing than is shown in the renderings submitted for this application. She noted that those elements include screening of the cars. Mr. Dick Prugh responded that much of what was ranked high during the public meetings included DryVit and stucco, which are more inexpensive materials than the brick being proposed. He acknowledged that the use of brick may create budget problems and noted that is one area where costs may need to be cut. He stressed that the five architects and urban planner working on this garage design reached a consensus on the design and acknowledged that not everyone likes the same buildings. He noted that the light brick was chosen to de-emphasize the bulk and visibility of the parking structure; and detailing from the Catholic Church, Baxter Hotel and Owenhouse Hardware were incorporated into the design. The ground level retail gave them an opportunity to use the dark brick that is prevalent in the downtown area. He noted that they have horizontal lines on the floor levels and see no reason to incorporate the floor levels of the Powder Horn on this building. He stressed that most of the buildings in the downtown area were constructed in the 1930s, many of them incorporating the International style, and they wish to remain consistent with that design rather than adding elements from the construction of other eras. Mr. Prugh stated that the detail cadence for the ground level retail is to be similar to that found on Main Street; and the retail spaces are to be designed for flexibility of use so that smaller or larger uses can be accommodated. He then indicated that brick is being incorporated between the windows for the second floor office to address Condition NO.5 as proposed by staff. He concluded by voicing his preference for metal for the stairways rather than the proposed glass, noting that the metal covers the landings of the stairs. Responding to Commissioner Youngman, Mr. Prugh stated that corble detailing is the stepping of bricks in and out. He noted that the proposed design includes a band around every floor that includes one row of recessed bricks. Responding to Commissioner Hietala, Mr. Prugh stated little can be done with the sheer wall on the east end, beyond the awnings over the car entrance and the pedestrian tower. He suggested, however, that this might be a nice place for a piece of artwork. 03-07 -05 - 13 - Further responding to Commissioner Hietala, Mr. Prugh noted that Martel Construction is doing a detailed estimate and will prioritize the elements to be included in the structure. He noted that the number of parking spaces could be reduced by thirty and still be over the 300 parking space commitment. Also, only one elevator is to be installed at this time and the height of the corners could possibly be decreased by three or four feet without any impact to the design. In response to additional questions from Commissioner Hietala, Mr. Prugh stated that the proposed garage design is the most effective design available, allowing for parking of the most cars possible per square foot. He noted there are no compact spaces, and the widths of the spaces and driving aisles are the national standards. He acknowledged that large dually crew cabs will not be comfortable in the parking garage. Mr. Clotfelter encouraged the Commissioners to eliminate Condition Nos. 4, 6 and 10 as proposed by staff. Commissioner Krauss expressed interest in adding the conditions that were considered by the Design Review Board except for Condition Nos. 4, 5, 6 and 10. He would also like to see a traffic signal installed at the intersection of North Tracy Avenue and Mendenhall Avenue if monies are available. Responding to Commissioner Youngman, City Engineer Rick Hixson stated that the intersection meets warrants for installation of a traffic signal; however, he has been reluctant to put signals on Mendenhall Street because the couplets are doing their job in moving traffic in and out of the downtown area during peak hours. He suggested that the signal not be installed until the Group 4 improvements are undertaken, which is the hotel/convention center. He then characterized the 21 00 additional trips as a small amount when considering the overall volumes. Commissioner Krauss recognized that adding traffic signals on Mendenhall Street could result in pushing traffic onto Lamme Street. Responding to Commissioner Hietala, Assistant City Manager Ron Brey stated that the lease agreement for the garage will spell out responsibilities; and The Garage at City Center has indicated a willingness to coordinate hours, charges and management matters with the Parking Commission. He noted that if the garage turns a profit, the monies will be used to pay the debt. City Manager Kukulski noted that, ultimately, the parking garage will be in pUblic ownership, with the Parking Commission being responsible for managing the facility. He stated that maintenance costs of a garage are high, and the Parking Commission has already undertaken discussions with Mr. Clotfelter to address that issue. Commissioner Hietala indicated he will support this proposal; however, he cautioned that an operating deficit for this facility will probably result in an impact on the City's budget. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Certificate of Appropriateness requested by Morrison-Maierle, Inc., and Prugh and Lenon Architects for The Garage at City Center under Application No. 2-05006, to allow construction of a parking garage with approximately 600 parking spaces and approximately 11 ,000 square feet of retail space on Parcel C, Certificate of Survey No. C-1-F, with the following deviations: (1) from Section 18.18.050.8.1., Bozeman Municipal Code, to decrease the minimum yard from 7 feet to 6 inches on East Mendenhall Street; (2) from Section 18.18.060.C.2., to increase the maximum building height from 70 feet to 74 feet; (3) from Section 18.44.060.0., to allow the intersection of Mendenhall Street and North Tracy Avenue to operate at a level of service less than "0"; (4) from Section 18.44.090.0., to allow the proposed drive accesses to not comply with the minimum spacing distances; (5) from Section 18.44.100, to allow the proposed structure to encroach in the street vision triangle at the intersection of East Mendenhall Street and North Black Avenue and the intersection of the alley and North Black Avenue; (6) and from Section 18.46.020, to decrease the minimum parking stall length from 20 feet to 18 feet and to decrease the minimum aisle width from 26 feet to 24 feet, be approved subject to the following conditions: 1. The final site plan shall describe the preservation measures being implemented to protect the existing trees. These preservation measures shall be reviewed and approved by the City Forester prior to final site plan approval. If any trees are to be removed their appraised value must be paid to the Forestry Division. 03-07 -05 - 14 - 2. The applicant shall ensure that the street trees include a variety of species, and are not limited to elms. 3. Installation 0 f a traffic signal at the intersection of East Mendenhall Street and North Black Avenue is required as a part of the Phase 1 development of this site. The installation of a traffic signal at the intersection of Mendenhall Street and North Tracy Avenue is to be installed in a future phase of the City Center Development per the Traffic Impact Study. 4. The requested code relaxation to the parking standards in Section 18.46.020, Bozeman Municipal Code, to allow 18-foot-long parking stalls and 24-foot-wide aisle width is acceptable with the following provision: Signs are to be posted at the parking garage entrances noting the maximum permissible vehicle length is 18 feet. 5. The requested code relaxation to the drive access standards in Section 18.44.090 D., Bozeman Municipal Code, for the drive approaches on East Mendenhall Street and North Black Avenue is acceptable with the following provisions: A left-turn only lane is to be provided for the Mendenhall Street access (but not between the drive access and North Tracy Avenue) per the Traffic Study Update in a letter from Marvin & Associates dated January 11, 2005. The drive approach exit on North Black Avenue is to be right-turn only. 6. The applicant is advised that any newly-constructed establishments responsible for food preparation shall install an outside two-compartment grease interceptor. I nterceptor design and installation is subject to City of Bozeman Building Department approval. In accordance with the Bozeman Municipal Code, the applicant is further advised that on-site maintenance records and interceptor service shall be maintained on a regular basis and made available to the City upon request. 7. The final site plan shall depict a cornice and parapet (with a minimum height of four feet) for all ground retail facades. 8. The final site plan shall depict recessed (not more than five feet) doorway entrances for all ground retail storefronts. 9. The final site plan shall depict vertical architectural elements and/or divisions that define each storefront window bay of the ground retail facades. 10. The final site plan shall depict the east elevation of Retail Space 4 as an additional storefront window bay, and the South elevation of Retail Space 1 as an additional storefront window bay. 11. The final site plan shall depict the pedestrian plaza along North Tracy Avenue with a mixture of ground surface materials (to distinguish pedestrian from street space). 12. The final site plan shall depict the ground retail storefronts as providing at least 1 y., feet of unglazed base. 13. The final site plan shall depict all windows as having clear, non-reflective glazing. 14. The final site plan shall depict architectural elements that screen the parking garage openings on all elevations; examples of such elements may include arched skylights framed in steel, or decorative and/or patterned metal screening. 15. The final site plan shall include a lighting plan that depicts the following: a) accent lighting proposed on all elevations of the parking garage structure, b) streetscape lighting fixtures proposed along North Black and Tracy Avenues and East Mendenhall Street, and c) streetscape lighting fixtures proposed along the alley. 16. The final site plan shall depict metal awnings/canopies solely above the entrance storefront bays of all ground retail. 03-07 -05 ---..---------.-- u..._._n_._.......n. ._............. - 15 - 17. The applicant shall provide a color and materials palette for all materials proposed in the new construction, for review and approval by Administrative Design Review staff, prior to final site plan approval. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Krauss and Mayor Cetraro; those voting No, none. Break - 9:50 to 10:00 D.m. Mayor Cetraro declared a break from 9:50 p.m. to 10:00 p.m., in accordance with Commission policy. Preliminary Dlat for minor subdivision - subdivide 1.899 acres into four residential lots. includina one lot for existing legal. non-conformina triDlex and three lots for new sinale or two-household residences - ThinkTank Desian GrouD. Inc. for Tom & Susan VanderVos. 425 North Ida Avenue (Bradv Avenue Minor Subdivision) (P-04062) This was the time and place set for the public hearing on the preliminary plat to subdivide 1.899 acres described as Lot 20, Block 7, Babcock and Davis Addition, into four residential lots, as requested by Tom and Susan VanderVos under Application No. P-04062. The subject property is located at 425 North Ida Avenue. Public hearing Mayor Cetraro opened the public hearing. Planner Susan Kozub presented the staff report. She noted that the property is located at the north end of Brady Avenue and currently contains a legal non-conforming triplex; under this subdivision, one lot would be created for that structure and three additional lots would be created for new residential development. She characterized this as an opportunity for residential infill close to the core area of the community. Planner Kozub stated that staff has reviewed this application in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. Based on those findings, staff has forwarded a recommendation for approval, subject to several conditions. She noted that the Planning Board conducted its review of this application at its February 15 meeting and concurred in staff's recommendation for approval. She stated that public comment during the Planning Board meeting revealed the neighborhood would prefer to see single-family homes constructed even though the zoning allows for duplexes; and the applicant would also prefer single-family homes. Brian Caldwell, designer, characterized this as an efficient use of land resources, allowing for infill residential development. He stated the neighbors within a 300-foot radius of this site have been notified and given ample opportunity for involvement in this project. He concluded by voicing concurrence with the staff report and encouraging approval of the preliminary plat. Ms. Kibby Horsley, 414 North Brady Avenue, stated she lives adjacent to the subject site. She is a proponent of infill and feels this is a good project, with the exception of the parking provided. Mr. Paul Gaffney, owner of property in the immediate area, noted he lived in the neighborhood 25 years ago, when it was zoned M-1 and was "a stepchild of Bozeman". Over the years, the area has evolved into primarily owner-occupied single-family residences. He is concerned about traffic on the narrow streets in the area and the potential negative impacts on mature vegetation if those streets were widened. He then voiced his preference for single-family homes within this subdivision. Mr. Eric Nelson, designer, stated this development will not be connected to Ida Avenue. He then noted the triplex has existed since the 1960s. He recognized that duplexes could be constructed under this subdivision, but they found the planned unit development process too cumbersome to limit development to single-family dwellings on this small site. He noted, however, that those who are interested in purchasing these lots intend to occupy them as single-family homes. 03-07 -05 - 16 - Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the preliminary plat to subdivide 1.899 acres described as Lot 20, Block 7, Babcock and Davis Addition, into four residential lots, as requested by Tom and Susan VanderVos under Application No. P-04062, be approved subject to the following conditions: 1. All future development will be subject to Certificate of Appropriateness review which may include conditions related to scale, setbacks, height, building design, materials, etc. as noted in Section 18.28.050. 2. The final plat shall not denote setbacks or include any references to setbacks. 3. Regarding the existing triplex, Sections 18.42.030, 18.60.030.B, and 18.38.030, Bozeman Municipal Code, state that lots may not be further subdivided if any zoning non-conformities would be established; therefore, the following items need to be addressed: a. Adequate back-up maneuverability (26 feet) must be provided for all parking spaces in accordance with Section 18.46.020, Bozeman Municipal Code. b. Section 18.46.020.L, Bozeman Municipal Code, requires sidewalks that serve as wheel-stops to be a minimum of five feet in width. c. One van accessible (meaning with an 8-foot aisle) disabled accessible parking space must be provided. 4. Address the following items regarding the stormwater master plan: a. Submit a map that clearly outlines the regions that will drain into the proposed drainage ponds on this site. b. The calculations provided within the stormwater master plan identify a necessary storage of 121.48 cubic feet. Yet a pond sized 210 cubic feet is being proposed for the "South Sub-Basin". Please identify why such a large drainage pond is being proposed. c. Provide details identifying the depth and slopes of the proposed drainage ponds. d. The French drain inlets shown on the site plan will not be permitted. 5. Any existing water or sewer service lines that are located within the proposed minor subdivision must be abandoned to City of Bozeman standards and service must be restored to any affected properties. If all service lines running through the property have been previously abandoned, sufficient evidence must be provided to prove that the service lines have been abandoned. 6. Be advised that the water main extension shown does not need to extend more than 18 inches beyond the last service line stub at the end of Brady Avenue. 7. City standard sidewalk shall be installed and properly depicted at the standard location (i.e., 1 foot off property line) along the street(s) frontage that does not already have sidewalk. It must be verified that the existing sidewalk on Brady Avenue is in the standard location. Any deviation to the standard alignment or location must be approved by the City Engineer. 03-07 -05 - 17 - 8. Brady Street shall be upgraded to meet all minimum City standards for a local street. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Krauss, Commissioner Youngman and Mayor Cetraro; those voting No, none. Conditional Use Permit with Certificate of Appropriateness - allow re-use of an existina structure for a buffet and aamina parlor with on-premise consumption of alcoholic beverages in a Class 1 entrywav corridor - Gaston Enaineerina & Survevina for Montana Opportunities. LLC (Lucky Lil's) - 1510 North 19th Avenue (Z-05012) This was the time and place set for the public hearing on the Conditional Use Permit with Certificate of Appropriateness as requested by Gaston Engineering and Surveying for Montana Opportunities, LLC, under Application No. 2-05012, to allow for the re-use of the existing structure on Lot 7, Bridger Peaks Town Center P.U.D. Major Subdivision, Phase I, for a buffet and gaming parlor with on-premise consumption of alcoholic beverages. The subject property is located at 1510 North 19th Avenue. Public hearing Mayor Cetraro opened the public hearing. Planner Ben Ehreth presented the staff report. He noted that under this application, the former Denny's restaurant is to be converted to a Lucky Lil's, with a buffet and gaming parlor with beer and wine license. The applicant is proposing to remove the aluminum on all four facades as well as the neon lighting and change the appearance of the structure. The Planner noted that staff has reviewed this application in light ofthe applicable criteria, and staff's comprehensive findings are contained in the written staff report. He briefly summarized those findings and forwarded staff's recommendation for approval, subject to eleven conditions. He noted that, under the City's codes, the business cannot be referred to as a casino by signage or name and may not have over fourteen gaming machines. He concluded by noting the applicant is proposing the addition of cabinet style lighting; and staff is recommending that all lighting be removed. Mr. Lyle Cuson, applicant, noted the lights on the facade are currently decorative, and he can add a cover that directs the light downward. He then stated the only condition with which he has a problem is Condition No.5, which requires the cabinet style lighting be removed. He noted that the initial proposal included lighting on the north, south and west sides of the structure; however, after the Planner pointed out that lighting was not allowed on the west elevation under the code, they agreed to provide lighting on only the north and south sides. He drew the Commission's attention to the proposed LED lighting for the band of lighting along the top of the facade on the building rather than the neon tubing that is no longer allowed under the code. He noted that the LED lighting is softer and can be better controlled. He characterized purple lighting on a tan and brown building as the corporate colors, noting that they result in a harmonized look while providing the desired lighting. He concluded by encouraging approval with Condition No. 5 eliminated. No public comment was received in opposition to this proposed application. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision Responding to Commissioner Krauss, Mr. Cuson indicated that there is to be no reference to casino on the building, just the name Lucky Lil's. Commissioner Youngman voiced concern that the name Lucky Lil's is synonymous with casino, whether that word is used or not; and the result is a defacto casino in an entryway. As a result, she is uncomfortable with this proposal. Responding to Commissioner Krauss, Planner Ehreth confirmed that one of the recommended conditions of approval is that there be no reference to casino in the signage or advertising for this business. 03-07 -05 --- ......--.--.--..-".... ... --." ."...----..."... .---- - 18 - Mr. Cuson responded that this application is for a buffet and gaming parlor, which meets the code requirements. Acting City Attorney Cooper acknowledged that the name Lucky Lil's could be considered a symbol of casino; however, he cautioned that the Commission cannot regulate the name of the establishment. He noted that the Commission can require that they not put the word casino on their signage or in their advertisements for this particular location. City Manager Kukulski noted that the Commission has wrestled with national retailers on their cookie cutter designs. In this instance, the result of approving this application is a casino in an entryway corridor, simply by "playing with the letters of our law." Responding to Mayor Cetraro, Planner Ehreth acknowledged that neon lighting is allowed in the North 7th Avenue entryway corridor; however, he noted it is not allowed in the North 19th Avenue entryway corridor, which is viewed as more pastoral. Mr. Dan Sampson, Montana Opportunities, stated that the colors on the existing building are to remain, with the addition of three purple bands. Commissioner Youngman suggested that the sign design be changed from the standard signage that shouts casino and required to meet the design sense of the community. Acting City Attorney Cooper acknowledged that the Commission does have latitude and discretion on the size and shape of the sign; however, he cautioned that there are limitations on those abilities. Commissioner Youngman voiced her interest in signage that is different from the signage used in other Lucky Lil's casinos. Commissioner Hietala suggested that the signage better identify the establishment for what it is. Responding to Commissioner Krauss, the Acting City Attorney stated that under the City's zone code, this establishment is not a casino. He cautioned that the Commission is limited in its ability to regulate a trademark sign; what is lacking in this instance is any provision in the design standards to allow the Commission to require more than has been proposed. Mayor Cetraro noted that, while he agrees with the rationale of the other Commissioners, he recognizes that it would be difficult to deny this application under the City's zone code. He appreciates this application to occupy a building that has been vacant for two years and finds the lighting innovative and different. He concluded by noting that the Commission cannot require the business to use a different name. In light of the discussion and concerns raised, Commissioner Youngman asked that the decision on this land use application be delayed to give the Commissioners an opportunity to give it further consideration. In the meantime, she asked the applicant to think of ways to distinguish this establishment from other Lucky Lil's, including its signage. City Manager Kukulski noted that the applicant has indicated this facility is to have a buffet and suggested that the signage emphasize the restaurant aspect of the business. In light of Commissioner Youngman's request, City Manager Kukulski asked that the decision on this application be placed on the March 21 agenda. Amendment to Bozeman 2020 Community Plan - amend land use desianation from "Business Park" to "Communitv Commercial" on :!: 31 acres bounded bv West Main Street/Huffine Lane. Fallon Street. Ferguson Avenue. and Resort Drive - Michael W. Delaney and Ileana Indreland (P-04060) This was the time and place set for the continued public hearing on the amendment to the Bozeman 2020 Community Plan to amend the land use designation from "Business Park" to "Community Commercial" on ::t31 acres described as Lot 5, Spring Creek Village Resort Subdivision, as requested by Michael W. Delaney and Ileana Indreland under Application No. P-04060. The subject parcel is bounded by West Main Street/Huffine lane, Fallon Street, Ferguson Avenue and Resort Drive. 03-07 -05 -19- Included in the Commissioners' packets was a request from the applicant that this public hearing be opened and continued to March 21. Public hearing Mayor Cetraro reopened the public hearing. It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the public hearing be continued to March 21 , per the applicant's request. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Krauss, Commissioner Youngman and Mayor Cetraro; those voting No, none. Conditional Use Permit with Certificate of Appropriateness - to allow the consumption of beer and wine in an existina restaurant - Pizza Hut of Sidney. Inc. (Pizza Hut) - 2300 West Main Street (Z-05010) This was the time and place set for the public hearing on the Conditional Use Permit with Certificate of Appropriateness as requested by Pizza Hut of Sidney, Inc., under Application No. 2-05010, to allow the consumption of beer and wine in the existing restaurant located on a tract of land in the Southeast one- quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian. The subject property is located at 2300 West Main Street. Public hearing Mayor Cetraro opened the public hearing. Planner Erin Daley presented the staff report. She stated that under this application, the existing Pizza Hut would be allowed to sell beer and wine for on-premises consumption. She stressed that no additions or alterations are planned in conjunction with this application; however, several site improvements would be required, including the parking lot and lighting upgrades. Planner Daley stated that staff has reviewed this application in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. Based on those findings, staff has forwarded a recommendation for approval, subject to three conditions. Mr. Jeff Pierce, representing the applicant, voiced concurrence with the staff report and indicated a willingness to respond to questions. No one spoke in opposition to this application. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the Conditional Use Permit with Certificate of Appropriateness as requested by Pizza Hut of Sidney, Inc., under Application No. 2-05010, to allow the consumption of beer and wine in the existing restaurant located on a tract of land in the Southeast one-quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian, be approved subject to the following conditions: 1. The applicant shall obtain a City of Bozeman Beer and Wine License and provide the Planning Department with a copy of the license prior to final approval. 2. The applicant shall obtain a State of Montana Department of Revenue On-Premise Beer and Wine License and provide the Planning Department with a copy of the license prior to final approval. 3. A financial guarantee for improvements must be submitted to the Planning Department prior to final site plan approval. 03-07 -05 --..--- - 20- The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman, Commissioner Hietala and Mayor Cetraro; those voting No, none. Public review - CDBG Economic Development Revolvina Loan Fund - Apex Technologies. LLC This was the time and place set for review of the application submitted by Apex Technologies, LLC, for a loan from the Community Development Block Grant Economic Development Revolving Loan Fund. Ms. Tracey Jette, Gallatin Development Corporation, highlighted the application for a $250,000 loan to fund working capital and establish an assembly plant in Bozeman. She noted 1 00 percent of the company's income is to be from outside this area. Ms. Jette stated the CDBG Economic Development Loan Review Committee has reviewed this applicant and forwarded a recommendation for approval, subject to several conditions. She then indicated the applicant is still in Seattle, and no one else is present to represent the company. Responding to Commissioner Youngman, Ms. Jette indicated the wages are to range from $19,240 a year for sales and marketing positions to $100,000 for the administrator. No public comment was received on this application. It was moved bycommisSiOnerYOun~man, seconded by Commissioner Hietala, that the application submitted by Apex Technologies, LLC, for a 250,000 loan from the Community Development Block Grant Economic Development Revolving Loan Fund be approved subject to the following conditions: 1. The loan shall be at the interest rate of 51/2 percent. 2. Payments for the first twelve months shall be interest only, after which the remaining principal balance will be amortized over a six-year period. 3. Collateral for the loan will be a first lien on all business assets, including accounts receivable, personal guarantee of the major shareholder, and collateral assignment of patents assigned to Apex Technologies, LLC. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Krauss and Mayor Cetraro; those voting No, none. Application for CTEP proiect - College Street to Huffine Lane Bicycle/Pedestrian Pathway (2.08 miles of 10-foot-wide concrete shared-use pathway) Included in the Commissioners' packets was a memo from Grants Administrator Sara Folger forwarding information on the grant application. Grants Administrator Sara Folger presented the formal application and estimate of cost for the College Street to Huffine Lane Bicycle/Pedestrian Pathway. She noted that, in light of new information received just prior to the meeting two weeks ago, the budget for this project has been reduced from $507,000 to just under $450,000; and that budget includes a $60,000 local match. The Grants Administrator noted that, once this application is submitted, the Montana Department of Transportation will determine if it is well developed and eligible for funding. She stressed that, even though this application includes a local match, it is not imperative that the match be funded at this time; and the amount of that match can be reduced through in kind services, donations, easements and contributions from others entities. Mr. Joe McCarty, Gallatin Valley Land Trust, stated this pathway is key in the overall development of a community pathway system. He stressed the importance of amenities which get pedestrians and bicyclists off the road and onto a safe place. He concluded by submitting a letter of support for this application. 03-07 -05 - 21 - Mr. Ralph Zimmer, Chair ofthe PedestrianlTraffic Safety Committee, stated the Committee strongly endorses the proposal and submitted a letter on behalf of the Committee. Mr. David Baumbauer, Chair of the Bozeman Area Bicycle Advisory Board, submitted a letter of support from the Board and a letter of support from Montana State University. He noted that Huffine Lane is a dangerous street to cross, and this pathway will provide a great connection from the northwest quadrant of the community to the campus community. Mr. Jon Henderson, cycling citizen of Bozeman and member of the Bozeman Area Bicycle Advisory Board, noted that crossing Huffine Lane has been a stumbling block in creating a great pathway system through the community; and this application will help to address that issue. He expressed support for the separated pathway and encouraged submittal of the application. Ms. Debbie Degen, Gallatin Valley Land Trust, noted the businesses along West College Street and Huffine Lane strongly support this pathway; and some have been willing to discuss donation of an easement for it. She then submitted a letter of support from The Ridge. Responding to Commissioner Krauss, Grants Administrator Folger stated the pathway is to tie to a new shared pathway through the Mitchell Group development along the south side of Huffine Lane; and intersection improvements are planned at Fowler Avenue to accommodate safe pedestrian crossings to the north side of Huffine Lane. Responding to Commissioner Youngman, the Grants Administrator indicated the City has $513,000 in CTEP funding through 2004 still available, including the local match monies. She noted that if the new transportation bill includes enhancement monies for the next six years, then the City will have allocations from 2005 through 2010. Further responding to questions from the Commission, the Grants Administrator suggested that if additional landscaping at the new library site is desired, it would be better to submit a new application than to expand the project that has already been approved. Grants Administrator Folger observed that over the last few years, a little over $1 million in CTEP monies have been earmarked for Bozeman, with $130,000 in local cash outlay being used to leverage some very good projects for the community. Commissioner Youngman noted this is a great project that will help ensure safer travel for pedestrians and bicyclists, although she does have some concerns about using up the City's entire reserve. Commissioner Krauss indicated that he will support this application but, during the budgeting process, will be carefully looking at funding of the local match to ensure that non-general fund monies are being used to do so. It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that staff be authorized to submit the application for Community Transportation Enhancement Program (CTEP) monies for the College Street to Huffine Lane Bicycle/Pedestrian Pathway. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Krauss, Commissioner Youngman and Mayor Cetraro; those voting No, none. Reauest for vacation. West Beall Street from North 10th Avenue to the allev between North 10th Avenue and North 11th Avenue. McKinnon Baxter Included in the Commissioners' packets was a memo forwarding staff's memo and recommendation regarding the request for vacation of West Beall Street from North 10th Avenue to the alley between North 10th Avenue and North 11th Avenue, as requested by McKinnon Baxter. Distributed just prior to the meeting was an e-mail from Mr. Baxter requesting that this item be delayed to the March 21 agenda. It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that action on this item be delayed to the March 21 meeting, per the applicant's request. The motion carried by the following 03-07 -05 ------------ . ..___.__...._.....__._._____._u -.... - 22- Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman, Commissioner Hietala and Mayor Cetraro; those voting No, none. Authorize City Manaaer to sian Memorandum of Understandina with the USDA Forest Service. Gallatin National Forest - for lona-term maintenance of a high auality. predictable water supply throuah sustainable land management practices Included in the Commissioners' packets was a copy of the Memorandum of Understanding with the USDA Forest Service, Gallatin National Forest, for the long-term maintenance of a high quality, predictable water supply through sustainable land management practices. Assistant City Manager Ron Brey noted that after the last regular Commission meeting, he was contacted by Forest Service about the draft memorandum of understanding. He has reviewed the new memorandum of understanding, but has not checked to see if it addresses all of the items that were in the old memorandum. He proposed that the Commission authorize signing of this document, which will allow for moving forward with projects to manage the watershed in the Sourdough drainage, noting that additional provisions can be addressed at a later date. Mr. Rick Ladzinski noted that he worked with the Watershed Council on suggestions for management of the Sourdough watershed. He stated that approving the memorandum of understanding will allow the Forest Service to start on funding of projects immediately. What the agreement does not do is provide access to some of the fire funding monies held by the Department of State Lands and Department of Natural Resources and Conservation. Responding to Commissioner Youngman, Mr. Ladzinski stated the Forest Service cannot move forward with forest management without first conducting an environmental impact statement. Responding to Commissioner Hietala, Assistant City Manager Brey stated he does not anticipate much forest management activity before this summer's fire season. Mayor Cetraro yielded the gavel to Commissioner Krauss and left the meeting briefly. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the City Manager be authorized to sign the Memorandum of Understanding with the USDA Forest Service, Gallatin National Forest, for the long-term maintenance of a high quality, predictable water supply through sustainable land management practices, contingent on an understanding that execution of this document does not supersede the recently-expired Memorandum of Understanding or impact the ability to renegotiate and execute that document. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala and Commissioner Krauss; those voting no, none. Acknowledae receipt of letter of resianation from the Local Government Study Commission. submitted bY Julia Hobson Haggerty: determine process to fill the vacancy Included in the Commissioners' packets was a copy of the letter of resignation from the Local Government Study Commission as submitted by Julia Hobson Haggerty. Mayor Cetraro returned to the meeting. The Commissioners aCknowledged receipt of the letter of resignation from the Local Government Study Commission as submitted by Julia Hobson Haggerty. Following a brief discussion, the Commissioners determined that they would not advertise this vacancy but would approach the two unsuccessful candidates for the Study Commission to determine whether they might be interested in filling the vacancy and then consider those individuals and any others who express interest within the next two weeks. Mayor Cetraro requested that appointment of a new member to the Study Commission be placed on the March 21 agenda. 03-07 -05 - 23- Facility plannina area and population projections for water. wastewater. and stormwater facilitv plans update Included in the Commissioners' packets was a memo forwarding information on the facility planning area and population projections for the water, wastewater and stormwater facility plans updates. City Manager Kukulski noted that these facility plans are paramount to planning for the future of the community; and the planning area and the population projections are the fundamental foundation pieces of these documents. Project Engineer Bob Murray noted City staff is in the process of updating the facility plans, through the use of consulting engineers. One of the initial tasks is to establish the planning area and population estimates for these facility plans, which include water, wastewater and stormwater. He indicated that staff and the consultants have been working on the planning area and population projections and are now comfortable with the information being presented to the Commission. Mr. James Nickelson, Morrison-Majerle, Inc., noted that over the past five years the community has seen a steady growth rate of approximately five percent; and it is his firm's recommendation that that rate be used for the twenty-year period since there is no evidence of the trend slowing. He recognized this growth rate is much higher than that used in many other plans; however, population is the basis on which sizing and planning for plants is determined. He stated that, looking at the 1994 facility plans, he has found the population projections for 2014 in those plans will be exceeded this year. Mr. Nickelson turned his attention to the study area and the map, which shows political boundaries, regulatory boundaries and geographic constraints. He recognized that those properties within the donut area are to be encouraged to annex, and it is important to ensure services can be provided to those properties. He noted that some areas have expanded beyond the boundary in the current facility plans, citing the northwest sector of the community as an example. Responding to City Manager Kukulski, Mr. Nickelson recommended that a clear and distinct process be identified for any developer who wishes to go "outside the magic line". He suggested that should include looking at where development pressure is occurring and possibly considering enlarging that area. The City Manager noted one of his biggest concerns is the past underestimation in growth projections. He stated that last year's growth was at a six-percent rate; and it is even greater so far this year. He stressed that this is the foundation on which $750,000 is being expended to update facilities plans and noted that these documents are probably more important to the growth of the community than the planning documents. Director of Public Service Arkell noted that if the growth projections are too high, projects can be delayed; however, if they are too low, the City falls behind in meeting its infrastructure needs. As a result, her preference is to estimate high. Assistant City Manager Brey noted that, based on these projections, the community will be at 55,000 residents in the next twenty years and asked if that population level will exceed statutory caps for issues such as water rights and discharges. Mr. Nickelson acknowledged some thresholds will be encountered in the wastewater discharge levels that will trigger the need to improve treatment in the short term and suggested that effluent re-use be considered in the long term. He noted that federal limits on clean water continue to become stricter, and steps must be taken to ensure the effluent meets those standards. He then turned his attention to water, noting that in the short term, the City has water in Hyalite Reservoir and can purchase additional shares on the open market. In the long term, he suggested that constructing a dam in Sourdough Canyon may be necessary. Project Engineer Bob Murray stated that the new permit for the City's wastewater discharge will be issued soon and will look very similar to the old permit. City Manager Kukulski asked the Commissioners to let staff know if they are uncomfortable with the population projections, since they are the basis on which these facilities plans will be updated. 03-07 -05 - 24- The Commissioners thanked staff for the opportunity to review this information. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1 ) Copy of a letter from Neighborhood Coordinator Tracy Oulman to Michael Hagenlock and Dr. Laura Wendlant thanking them for their efforts in the recent Hope House approval process. (2) Letter from the Bozeman Area Bicycle Advisory Board identifying issues they wish to ensure are addressed in any possible sale of portions of the City-owned property at the new library site. (3) Copy of a letter from Michelle Alverson to the Planning Department asking that the neighborhood conservation overlay district boundary be extended to include the property betwen South 11 th Avenue and South 15th Avenue. (4) Memo from Grants Administrator Larry Watson providing notice of the grant application for the Justice Assistance Grant Program. (5) Copy of the March 2005 edition of the NorthEast Neighborhood Association (NENA) News. (6) Listing of planning projects to be considered at upcoming Commission meetings, dated March 3, 2005. (7) Letter from David A. King, 418 South Bozeman Avenue, voicing strong opposition to the potential sale of land at the new library site. (8) Newsletter from Headwaters Recycling, announcing that the next board meeting will be held in Bozeman on Wednesday, March 9. (9) Agenda for the School District NO.7 Board of Trustees meeting to be held at 7:00 p.m. on Monday, March 7, at the Willson School. (10) Agenda for the County Planning Board meeting to be held at 6:30 p.m. on Monday, March 7, at the Courthouse, along with notes from the meeting held on February 22,2005. (11 ) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, March 8, at the Courthouse. (12) Agenda and revised agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Wednesday, March 9, at the Professional Building. (13) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Wednesday, March 9, at the Professional Building. (14) City Manager Kukulski submitted the following. (1) Noted that Brook Griffin is the new Bozeman Daily Chronicle reporter covering the City. He indicated that he will let Mr. Griffin know that his door is open and will work on building a relationship with him as he learns about the community. (2) Announced that the task force looking at potential sale of portions of the land at the new library site will hold its first meeting tomorrow night. (3) Stated he has asked all department heads to attend regular Commission meetings so that they are readily available to provide information if the need arises. Adiournment - 12:10 a.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Krauss, Commissioner Youngman and Mayor Cetraro; those voting No, none. 03-07 -05 -- - 25- AN ATTEST: ~i2s-tw~ Clerk of the Commission 03-07 -05