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HomeMy WebLinkAbout2004-12-20 Minutes, City Commission --.--.-------- ....-.-. MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA December 20, 2004 ***************************** The Commission of the City of Bozeman met in regular session in the Community Room at the Gallatin County Courthouse, 311 West Main Street, on Monday, December 20,2004, at 7:00 p.m. Present were Mayor Andrew Cetraro, Commissioner Jeff Krauss, Commissioner Marcia Youngman, Commissioner Steve Kirchhoff, Commissioner Lee Hietala, City Manager Chris Kukulski, Assistant City Manager Ron Brey, Director of Public Service Debbie Arkell, Planning Director Andy Epple, Acting City Attorney Tim Cooper and Clerk of the Commission Robin Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. Minutes - November 22. December 6. December 6 work session. December 13 and December 13 work session. 2004 It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the minutes of the meetings of November 22 and December 6, 2004 be approved as submitted. 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. Mayor Cetraro deferred action on the minutes of the meeting of the December 6 work session, December 13, and December 13 work session, 2004, to a later date. Consent Items City Manager Kukulski presented to the Commission the following Consent Items. Commission Resolution No. 3753 - adoDt aoals for Calendar Year 2005 and bevond COMMISSION RESOLUTION NO. 3753 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING THE TOP PRIORITY GOALS FOR CALENDAR YEAR 2005 AND BEYOND. Commission Resolution No. 3754 - certifyina delinauent assessments as of November 30. 2004. to the County COMMISSION RESOLUTION NO. 3754 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING ANNUAL AND SEMI-ANNUAL SPECIAL ASSESSMENT INSTALLMENTS DUE AND PAYABLE NOVEMBER 30, 2004, AND UNPAID AS OF THAT DATE, DELINQUENT, PURSUANT TO SECTION 7-12-4183, MONTANA CODE ANNOTATED, AND AS PROVIDED BY CHAPTERS 2.32 AND 3.04 OF THE BOZEMAN MUNICIPAL CODE, AND DIRECTING THE DIRECTOR OF FINANCE TO CERTIFYTHE SAME TO THE GALLATIN COUNTY TREASURER FOR COLLECTION. Commission Resolution No. 3755 - relating to financina of the imDrovements comDleted under SDecial ImDrovement District No. 674 (Bridaer Center Subdivision): fixing the form and details of and defining the terms and manner of Davment of bonds 12-20-04 - - --. ..----.-- .-..----.-- ..-.----- _.._n_...n_.._m. - 2 - COMMISSION RESOLUTION NO. 3755 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO THE FINANCING OF WATER, WASTEWATER, STORM DRAIN AND STREET IMPROVEMENTS TO CITY SPECIAL IMPROVEMENT DISTRICT NO. 674; CREATING A SPECIAL FUND FOR THE ADMINISTRATION OF MONEY DERIVED THEREFROM FIXING THE FORM AND DETAILS OF AND DEFINING THE TERMS AND THE MANNER OF PAYMENT OF THE CITY'S $494,000 SPECIAL IMPROVEMENT DISTRICT NO. 674 BONDS (DNRC SRF AND WRF LOAN PROGRAM), CONSISTING OF SERIES 2004A BOND IN THE PRINCIPAL AMOUNT OF $400,000 AND SERIES 2004B BOND IN THE PRINCIPAL AMOUNT OF $94,000. Accept Extension of Services Plan for the Mandeville Farm Annexation. dated September 1. 2004 Commission Resolution No. 3760 - annexing 85 acres described as the Mandeville Farm. located alona the south side of the railroad riaht-of-way between North 7th Avenue and North 19th Avenue. and 130 acres described as Burlington Northern Railroad right-of-way extending from the crossing at Interstate 90 and North Rouse Avenue to a point south of the intersection of Moss Bridge Road and Frontaae Road COMMISSION RESOLUTION NO. 3760 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF A CERTAIN CONTIGUOUS 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 CONTIGUOUS TRACT. Ordinance No. 1625 - establishing an initial municipal zoning desianation of "M-2", Manufacturina and Industrial, on 215 acres described as the Mandeville Farm. and the Burlington Northern Railroad right-of-way extendina from the crossina at Interstate 90 and North Rouse Avenue to a point south of the intersection of Moss Bridae Road and Frontage Road: provisionally adopt and bring back in three weeks for final adoption ORDINANCE NO. 1625 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP AND ESTABLISHING AN INITIAL MUNICIPAL ZONING DESIGNATION OF "M-2" (MANUFACTURING AND INDUSTRIAL DISTRICT) ON 215 ACRES LOCATED IN SECTIONS 25, 26, AND 36, T1S, R5E, SECTION 31, T1S, R6E, AND SECTION 6, 12S, R5E PMM, GALLATIN COUNTY, MONTANA. Commission Resolution No. 3761 - arowth policy amendment - amend land use designation from "Parks. Open Space and Recreational Lands" to "Suburban Residential" on 1.84 acres located at 780 Manley Road COMMISSION RESOLUTION NO. 3761 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE GROWTH POLICY LAND USE DESIGNATION, AS SHOWN ON THE FUTURE LAND USE MAP IN THE BOZEMAN 2020 COMMUNITY PLAN, FROM "PARKS, OPEN SPACE, AND RECREATIONAL LANDS" TO "SUBURBAN RESIDENTIAL" ON 1.84 ACRES LYING ALONG THE EAST SIDE OF MANLEY ROAD AND COMMONLY KNOWN AS 780 MANLEY ROAD. 12-20-04 --...-..--......-.- .. - 3 - Commission Resolution No. 3762 - growth Dolicv amendment - amend land use designations from "Business Park" to "Residential" on 22.57 acres. from "Business Park" to "Neiahborhood Commercial" on 5.97 acres and from "Industrial" to "Neighborhood Commercial" on 7.78 acres within Cattail Creek Subdivision. Phases 1 and 3 COMMISSION RESOLUTION NO. 3762 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE GROWTH POLICY LAND USE DESIGNATIONS, AS SHOWN ON THE FUTURE LAND USE MAP IN THE BOZEMAN 2020 COMMUNITY PLAN, FROM "BUSINESS PARK" TO "RESIDENTIAL" ON 22.57 ACRES, FROM "BUSINESS PARK" TO "NEIGHBORHOOD COMMERCIAL" ON 5.97 ACRES, AND FROM "INDUSTRIAL" TO "NEIGHBORHOOD COMMERCIAL" ON 7.78 ACRES, LYING ALONG NORTH 27TH AVENUE WITHIN CATTAIL CREEK SUBDIVISION. Commission Resolution No. 3763 - arowth Dolicv amendment - amend land use desianations from "Residential" to "Reaional Commercial and Services" on 8.5 acres and from "Residential" to "Communitv Commercial" on 7.231 acres. Ivina alona the west side of North 19th Avenue. north of West Oak Street COMMISSION RESOLUTION NO. 3763 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE GROWTH POLICY LAND USE DESIGNATIONS, AS SHOWN ON THE FUTURE LAND USE MAP IN THE BOZEMAN 2020 COMMUNITY PLAN, FROM "RESIDENTIAL" TO "REGIONAL COMMERCIAL AND SERVICES" ON 8.5 ACRES AND FROM "RESIDENTIAL" TO "COMMUNITY COMMERCIAL" ON 7.231 ACRES, LYING ALONG THE WEST SIDE OF NORTH 19TH AVENUE, NORTH OF WEST OAK STREET. Ordinance No. 1626 - zone maD amendment - amend zonina desianations from "R-3" (Residential Medium Densitv District) to "B-1" (Neiahborhood Commercial District) for 6.094 acres and "B-2" (Communitv Commercial District) for 15.731 acres Ivina along the west side of North 19th Avenue. north of West Oak Street: Drovisionally adoDt and brina back in three weeks for final adoDtion ORDINANCE NO. 1626 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP FROM "R-3" (RESIDENTIAL MEDIUM DENSITY DISTRICT) TO "B-1" (NEIGHBORHOOD COMMERCIAL DISTRICT) FOR 6.094 ACRES AND "B-2" (COMMUNITY COMMERCIAL DISTRICT) FOR 15.731 ACRES WITH 19.678 ACRES REMAINING ZONED "R-3" ON PROPERTY DESCRIBED AS LOT 4, HOME DEPOT MINOR SUBDIVISION #319 AND LOCATED IN THE NE% OF SECTION 2, T2S, R5E, PMM, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. ADDroval of final Dlat for West Meadows Subdivision. Phase 3 (amend Dreliminaril)l approved West Meadows Subdivision. Phase III. to allow subdivision of 23.93 acres into 60 sinc;de-household lots instead of 50 sinale-household lots) Authorize Mavor to sian - Findings of Fact and Order - Flanders Creek Maior Subdivision (subdivide 39.92 acres into 34 sinale-household lots. 72 townhouse lots and 8 residential-office lots) (at northwest corner of Durston Road and Cottonwood Road extended) Authorize Mavor to sign - Findinas of Fact and Order - Courtyard Homes Minor Subdivision (allow subdivision of 0.413 acres described as Tract D-1A (the north 48 feet of Lots 1-6) and Tract D-1 B (the south 92 feet of Lots 1-3. and the south 92 feet of the east 10 feet of Lot 4), Block D. Plat B-40-B. Beall's Second Addition Amended. into five residential lots and one common area) (northwest corner of North Black Avenue and East Beall Street) 12-20-04 -4- Authorize Mavor to sian - Findinas of Fact and Order - Rosa Maior Subdivision (subdivide 39.84 acres into 33 multi-household lots and 99 townhouse lots) (lvina between Durston Road and West Oak Street west of Cottonwood Road) Authorize Mayor to sign - Findings of Fact and Order - Montana Partners Minor Subdivision (minor subdivision to subdivide :f:9.03 acres into one lot for future development) (between Haaaertv Lane and Interstate 90 at Ellis Street extended) Authorize Mayor to sign - Findinas of Fact and Order - CFT Minor Subdivision (subdivide 15.46 acres into two lots for business park development) (2311 South 7th Avenue) Authorize City Manager to sign - Amendment No. 5 to Professional Services Aareement for Lvman Creek Reservoir Improvement Proiect - HKM Enaineerina. Inc. - add $30.170 to original contract Authorize City Manager to sian - Amendment No. 1 to Professional Services Agreement for Stormwater Facilitv Plan - HDR EnQineerina. Inc./Morrison- Maierle. Inc. - to include detailed evaluation of infrastructure within MSU Authorize City Manager to sign - Aaricultural Lease with Josh Jones for the Mandeville Farm Site Authorize City Manager to sian - Aareement with Montana Fish. Wildlife and Parks for Land and Water Conservation arant monies for improvements to Rose Park (disc aolf course) Authorize City Manaaerto sian - Acceptance of Sewer and Water Pipeline and Access Easement and Aareement from Tracv Cowdrey - 30- to 45-foot-wide strip across Lot 4. Minor Subdivision No. 41. and Lot 3A-1. Amended Plat Minor Subdivision No. 41C (for East End Commercial Warehouses on Shawnee Way) Authorize City Manager to sian - Acceptance of Public Access Easement and Aareement from John Rosa and Scott V. Johnson - strip across Lots 2.3.4 and 6. Block 17. Cattail Creek Subdivision. Phases 2A and 2B (extendina from Cattail Street) Authorize City Manaaer to sian - Acceptance of Sewer Pipeline and Access Easement and Aareement from L&L Partnership - 30-foot-wide strip across Tract 1. COS No. 547 (extendina west from North Rouse Avenue) Authorize City Manaaer to sian - Acceptance of Public Street and Utilitv Easement from PT Land and Beran. LLC - 60-foot-wide easement across Tracts 2A and 3A. COS No. 1215F (lvina between Baxter Lane and West Oak Street. for new Kenvon Noble site) Application for Beer and Wine License - Red's on the Road. 5 Tai Lane - Calendar Year 2005 Approval of beer. wine and liauor license renewals for Calendar Year 2005 Award bid for back-up aenerator for Professional Building - Townsend Electric. Inc.. Townsend. Montana - in the bid amount of $45.600.00 Award bid for re-roof of City Hall Complex - McLees. Inc.. Belgrade. Montana - in the bid amount of $35.064.00 Buildina Inspection Division report for November 2004 Claims 12-20-04 ---- ......"'.---- .--........-."'........ - 5 - It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala and Mayor Cetraro; those voting No, none. Public comment No comment was received under this agenda item. Commission Resolution No. 3751 - intent to create Special Improvement District No. 683. improvements to West Babcock Street between West Main Street and Yellowstone Avenue This was the time and place set for public hearing by Commission Resolution No. 3751, entitled: COMMISSION RESOLUTION NO. 3751 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 683; DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE EXTENDED DISTRICT FOR THE PURPOSE OF UNDERTAKING CERTAIN LOCAL IMPROVEMENTS AND FINANCING THE COSTS THEREOF AND INCIDENTAL THERETO THROUGH THE ISSUANCE OF SPECIAL IMPROVEMENT DISTRICT BONDS SECURED BY THE CITY'S SPECIAL IMPROVEMENT DISTRICT REVOLVING FUND AND ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE. Public hearing. Mayor Cetraro opened the public hearing. City Engineer Rick Hixson gave a brief overview and history of this proposed special improvement district. He stated that, during the period for receiving written protest, protests were received from 2.8 percent of the district, which is well below the 50-percent statutorily required to prevent creation of the district. City Engineer Hixson showed the Commissioners a map of the street projects that have been done through special improvement districts. He noted that virtually every street in the older part of Bozeman was financed through an SID, although the streets in many other portions of the community were subject to SIOs as well. He then reviewed the district boundaries for this project, which generally include Ferguson Road on the west, the mid-point between Durston Road and West Babcock Street on the north, West Main Street on the east, and a jagged boundary on the south that includes those streets tributary to West Babcock Street. Since the County Commission did not adopt the joint resolution, no county properties have been included within this district. The City Engineer stated that Ferguson Road was identified as the western boundary of the district because the development to the west is already the subject of an SID for improvements to West Babcock Street between Ferguson Road and Cottonwood Road and because of the traffic signal at the intersection of West Main Street and Ferguson Road. He then indicated that a portion of the Ferguson Meadows Subdivision, which lies east of Ferguson Road, was also included in the SIDs for the Valley West Subdivision and suggested that, if the Commission wishes, those properties could be removed from this SID. He indicated that the assessments for that portion of the district would be approximately $86,000 and would need to be funded through some mechanism other than the SID. The City Engineer noted that the amount of impact fees contributed to the project has been the subject of substantial discussion. He suggested that, since some of the water and sewer improvements being made in conjunction with the street improvements are capacity expanding, approximately 60 percent of the water project costs and 54 percent of the sewer project costs could be covered by impact fees. He estimated that would be $126,000 in water impact fees and $156,000 in sewer impact fees. He then 12-20-04 ..--......---....-.---- - 6 - distributed copies of spreadsheets prepared by Project Engineer Sue Stodola providing a number of funding options that use various levels of street impact fees, ranging from 55 percent to 71 percent of the costs since it has been determined 71 percent of the costs are attributable to capacity expansion. He concluded by noting that the per-square-foot assessment could be reduced from 19 cents to 11 cents if the maximum amount of impact fees were used for each of the three segments of the project. Director of Public Service Debbie Arkell reviewed the "frequently asked questions" information sheet that had been made available to the public. She noted that in 1994, staff began working on the creation of a special improvement district for this project and identified the right-of-way needed to accomplish the improvements. The right-of-way has now been acquired and, if this district is created, it is anticipated bids will be opened in February and work will begin in late March, weather permitting. The project should be completed in September or October. She indicated the street is to be constructed with two driving lanes, one center turn lane, and bicycle lanes and sidewalks on both sides of the street. The Director of Public Service noted that the City has committed general obligation bond monies for the acquisition of the right-of-way, and has committed to the use of impact fee monies to write down the costs to the property owners within the district. She indicated that, under the resolution of intent to create this district, 55.9 percent of the street improvement costs are to be funded through the use of impact fees and, if the Commission so chooses, that amount could be increased to 71 percent of the costs based on the capacity expansion component. She then noted that properties within the district have paid $490,000 in impact fees to date; under the resolution of intent, $1.9 million in street impact fees are to be used to write down the costs. She reminded the Commissioners that the impact fee lawsuit has not yet been settled, and the City assumes some risk in expending those funds with that lawsuit outstanding. She concluded by noting that, if this special improvement district is created, staff will propose the creation of a payback district in January, with those monies going into the street impact fee fund. Mr. Matt McKenna, 2910 Donna Avenue, stated that since 2001, over 300 properties have paid impact fees, and he feels those contributions are not being adequately considered in this special improvement district. Ms. Valerie Harms, 3701 Ravalli Street, stated she finds the proposed SID excessive and burdensome, noting she feels the community could contribute more toward the project. She then encouraged the Commissioners to search for other options that reduce the costs to the property owners. Mr. Christopher Tefloth, 301 Stillwater Avenue, stated he is neutral on the proposed SID. He noted that West Babcock Street is one of four east/west streets in Bozeman, and it currently supports a lot of bypass traffic. As a result, he finds that asking the neighborhood to pay a significant percentage of the costs of improvements is unfair and asked that the amount of impact fees used be increased to 71 percent. He also suggested that the district be expanded to include the Valley West Subdivision, since much of that traffic also uses this portion of West Babcock Street. Mr. Jim Hickert, 3602 Cascade Street, stated his concurrence with the previous speaker, and encouraged the Commissioners to use impact fees to the greatest extent possible. He also asked that the district be extended to include additional properties, suggesting that to include the entire community would be a possibility. Ms. Dawn Smith, 307 Pondera Avenue, discussed the various methods of assessment allowed under statute and the different assessments that would result from each of those methods. She noted that, under the area assessment proposed, the district will cost her $2,919 plus interest, or an 8-percent increase, and she finds that burdensome. She suggested that two other possible funding sources to be considered in helping write down the costs to property owners include Community Transportation Enhancement Program (CTEP) monies and Congestion Mitigation Air Quality (CMAQ) monies. Ms. Wendy Christie, 3104 West Babcock Street, voiced her opposition to the proposed SID. She noted that they recently purchased their home, and this special improvement district, as proposed, will cost her family $8,000 while an apartment complex will pay approximately that same amount. Mr. Mike Christie, 3104 West Babcock Street, noted that the $8,000 referenced by his wife is the cost if they pay their assessment immediately; it will be more if spread out over the nineteen years of this district. He voiced his concern that he will pay as much or more for his single-family residence as the three four-plex units across the street. He noted that the City has had twenty years to address the condition of 12-20-04 - 7 - this road, but has allowed development to continue in the area. He concluded by suggesting a per dwelling unit would be a much more equitable method of assessment. Ms. Catherine Byrd, 314 Stillwater Avenue, estimated that half of the cars from Huffine Lane and Durston Road use West Babcock Street and suggested that the district should be expanded. She also noted that a lot of traffic from Belgrade also uses this street and asked that impact fees be used to cover 71 percent of the costs of this project. Ms. Martie Stewart, 3303 Bittterroot Way, stated that she has driven West Babcock Street regularly over the past fourteen years and has seen a huge increase in traffic. She encouraged the Commission to earmark impact fees to cover 71 percent of the costs of this project. She then noted that the county residents do want to pay their fair share of the costs, but the County Commissioners chose not to join the districts because the assessments would not be equitable under the area assessment method. She asked that the City Commissioners join the County Commission in seeking a legislative change that would allow a per dwelling unit assessment, noting the county residents would then jump on board. She concluded by noting that, even if the Commission does increase the amount of impact fees used for this project, additional fees will be available by the time the Durston Road, North 19th Avenue and South 19th Avenue projects are ready for construction. Ms. Denise Montgomery, 123 Sweetgrass Avenue, stated she feels county properties should be included in the district, noting everyone receives the benefit of the improvements. She then recognized that the per dwelling unit is the most equitable option, but is not allowed by State statute. She noted that staff has identified Ferguson Avenue as the western boundary of this district, but she noted that traffic from further west uses West Babcock Street, as well as traffic from The Ridge and other development along Ferguson Avenue. Ms. Pam Backstrom, 216 Valley Drive, encouraged the City to join with the County in seeking a legislative change to allow assessments on a per dwelling unit basis. She noted that several years ago, the City informed residents that a special improvement district would be created to help improve West Babcock Street. Ms. Deb Stober, 395 Valley Drive, noted she is a county resident and a member ofthe NorthWestern Neighborhood Alliance. She indicated that, if her property were included in this district, it would cost her $1.10 per day for the next nineteen years. She encouraged the Commissioners to approve the use of impact fees to cover 71 percent of the street improvement costs, noting that she believes county residents would be more willing to participate at the lower level of costs. She then entered into the record letters from Scott Savage, Lucas Savage and Susan James, 301 Valley Drive, as well as Gil Stober, 395 Valley Drive, and herself. Mr. Steve Cichon, 407 Golden Valley Avenue, noted that West Babcock Street is identified as a collector street, which means there is a considerable amount of traffic on the street from the general community and not just the immediate area. He agreed with the previous speakers who have encouraged the use of impact fees to cover 71 percent of the costs of the project, stating he feels that creates a fairer burden on the property owners in the area. He recognizes that the street needs improvement, but suggested the proposed design is pretty aggressive and will generate additional traffic. He concluded by questioning why the developers of the various subdivisions were not required to pay for these street improvements. Mr. Mark Johnson, 107 Western Drive, stated his agreement with the previous speakers, noting it is important to reduce the impacts on the property owners. He encouraged the City to be sensitive to the quality of environment for the neighbors, expressing his concern that the proposed street design will increase traffic and speed. He suggested that a less aggressive design, without a turning lane, will decrease impacts on the neighborhood. Mr. Harold Bos, 10 South Yellowstone Avenue, No.4, stated he anticipates that, with improvements to the street, it will become more heavily traveled as people use it to avoid the other three traffic signals on West Main Street/Huffine Lane. Ms. Deb Kane, 11 Flathead Avenue, noted that they built their home fourteen years ago. At that time, she was comfortable riding her bicycle on West Babcock Street with a young son on her back; and her husband rode his bicycle to work for five years. Her children are now 16 and 11 years old, and she fears 12-20-04 - - ------------ --------------- - 8 - for their lives when they travel on that street. She recognized that this is a collector street, but cautioned that when it is improved, people will use it more. She identified traffic signals, bicycle facilities and pedestrian facilities as essential, and asked that the 25-mile-per-hour speed limit be strictly enforced. She concluded by asking that the costs of these street improvements be spread out as much as possible. Mr. Gil Stober, 395 Valley Drive, stated that per dwelling unit is the only fair method of assessment for this project. He then expressed his strong support for using impact fees to cover 71 percent of the costs. Mr. Doug Westlake stated he lives south of town and, once the road is improved, anticipates he will use it more. He then suggested that everyone be asked to pay their fair share of these costs rather than expecting a select group of residents to bear the costs. Mr. John Anacker, 11 Flathead Avenue, noted that road improvements never make it more convenient to drive on the street, rather, they promote additional usage and development. He suggested that, as a result, those residents in the area will not gain a better or more convenient road for their use. Mr. Bret Niedens, 2307 West Main Street, noted that his parking lot has access to West Babcock Street and, as a result, is included in this proposed SID. He stated that a significant amount of traffic from the commercial uses in this area use his parking lot as a defacto collector to avoid the traffic signal, and he is considering elimination of that access to alleviate that problem. He noted that many people have spoken in favor of a per dwelling unit method of assessment; however, that would not be good for him with the number of apartments in his building, particularly when a vast majority of the traffic uses West Main Street rather than West Babcock Street. He concluded by encouraging the Commission to use impact fees to cover 71 percent of the costs. Mr. Tim Smith, 25 Meagher Avenue, asked if an elementary school is anticipated on the fields currently used for soccer at the corner of Fowler Avenue and West Babcock Street. If so, he asked how large the area served would be and how the safety of the children would be addressed. Mr. Eric Lien, 227 Virginia Way, suggested that a three-lane road might be too aggressive, or it might not be aggressive enough. He stressed the importance of considering the safety of pedestrians crossing the street, noting that traffic signals on a four-lane roadway may provide the greatest amount of safety. He then asked that 71 percent of the costs be covered through the use of impact fees. Mr. Harry Kirschenbaum, 141 Chouteau Avenue, stated that he feels the boundaries of the district should be extended and that impact fees should cover 71 percent of the costs, to make this assessment as fair and equitable as possible. Mr. Ted Newman, 535 Valley Drive, stated that West Babcock Street is actually a continuation of the West Main Street alignment and will serve the traffic moving west through the community. He also noted that Fowler Avenue will eventually become a major north/south street. He concluded by suggesting that the percentage of costs paid by the City for this project should be based on the traffic flow through the community. Mr. O.F. Christenot, 5200 Durston Road, stated he owns seven acres along that roadway and asked how his property might be assessed in the future, particularly since it contains only his single-family residence. Mr. Hudson Hart, 27 Sweetgrass A venue, suggested that, if the residents are asked to pay the costs of the improvements, the road remain at a local street standard. If it is to become a highway, it should be made four lanes with traffic signals, and the residents should not be asked to bear the costs. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision. City Manager Kukulski responded to many of the questions and issues raised during the pUblic hearing. He noted that four projects have been identified for street impact fees, and increasing the amount paid for one project will reduce the monies available for one or more of the other projects. He noted that four times the amount of impact fees paid by properties within the proposed special improvement district has been committed to this project, plus staff has recommended the use of water and sewer impact fees 12-20-04 _.___n_._._.._.. _ -9- to pay for a portion of those costs. He then turned his attention to the boundaries of the district, noting that efforts are made to not overlap districts, and the property west of Ferguson Road is the subject of water, sewer and street SIDs at this time. He indicated that the per dwelling unit assessment method is not currently an option, and the City will be working with the County and the local legislative delegation to get that option added. He encouraged the Commission to proceed with this project rather than delaying it because any savings resulting from a delay would be more than eaten up by the increased costs. The City Manager stressed the importance of doing as many street improvement projects as quickly as possible, noting that the transportation plan identifies between $90 and $100 million in needed projects. He then indicated that the three-lane road design is actually the most efficient and safest for this type of roadway, where many driveways have direct access to the street. Director of Public Service Debbie Arkell noted that the City has been fairly successful in getting CTEP and CMAQ projects approved. She noted that CTEP monies were initially earmarked for the sidewalks along West Babcock Street, but those monies were reallocated because the right-of-way had not been acquired within the timeframe needed for that project. She then indicated that the City has not yet received the monies for the last CMAQ project approved, and she does not anticipate that a new application would be processed and the monies received in time for this road construction. Mr. Phill Forbes, Morrison-Maierle, stated that during the public information meetings, he heard some discussion about the assessed valuation method of assessment and, at staff's request, looked at how the assessments would differ under that method. He stressed that tax exempt properties would not be included under that method and, as a result, assessments would increase approximately 59 percent on average on a homogenous block and 42 percent on average on a single-family block. Also, under the area method of assessment, the assessments on single-family residences close to one another are all within $15 of each other; under the assessed valuation method of assessment, those assessments could vary as much as $900 and could vary as much as $2,500 for multi-family units. Commissioner Youngman noted that the proposed per dwelling unit method of assessment is not currently available. She then expressed an interest in discussing the spreadsheets that have been distributed and the potential of lowering the cost to residents through the use of additional impact fees, thus spreading the costs across the greater community. Commissioner Hietala stated he would like to see the big picture before determining that less than 71 percent of the project should be covered by impact fees. City Manager Kukulski responded by noting that slightly over $6 million of the $9 million in street impact fees collected is post self-governing powers. If the full percentage of costs for West Babcock Street and Durston Road is covered through impact fees, the $6 million will be completely exhausted, leaving no monies for Durston Road east of North 19th Avenue, North 19th Avenue, South 19th Avenue or any other street project. City Engineer Rick Hixson stressed the importance of identifying a source of revenue for improvements to Durston Road between North 7th Avenue and North 19th Avenue, noting that the monies earmarked for that project are far short of covering the estimated costs. Commissioner Krauss stated it would not be appropriate to improve Durston Road west of North 19th Avenue but not east of North 19th Avenue. He then noted that the improvements to that roadway are a matter of safety and must be given high priority. Responding to Commissioner Krauss, City Engineer Hixson stated the proposed three-lane format is the minimum collector standard in the Greater Bozeman Area Transportation Plan, 2001 Update. He noted that improving other streets in the area would help reduce the onslaught of traffic to West Babcock Street, including Durston Road, West Garfield Street, Fowler Avenue and West Oak Street. He concluded by noting that the road improvements are designed for twenty-year traffic volumes, which are estimated at 16,000 vehicles per day. Further responding to Commissioner Krauss, the City Engineer noted that of 989 properties, there were protests filed on 22 properties, representing 2.8 percent of the area. He characterized this as a small percentage of protest. 12-20-04 u_ ______._ - 10- Commissioner Krauss suggested that, since this is a mature district, the discretionary district reserve account fee, and any other discretionary fees, could be eliminated. Commissioner Krauss turned his attention to the use of impact fees for this project, noting that $1.9 million, or approximately four times the amount of fees collected within this area, has been identified for this project. He characterized this as writing a check on an account knowing there are funds to cover it, with the result being "kiting" or creating a "Ponzie scheme." He cautioned that continuing with this practice will catch up with the City, and stressed that the Commission must be responsible with its monies. He also identified improvements to Durston Road between North 7th Avenue and North 19th Avenue as a big safety issue. He noted that the Commission has chosen not to spend impact fees on the improvements to North 19th Avenue and Valley Center Road; rather, developers are providing upfront monies and the property owners are bearing the costs of the improvements through the creation of special improvement districts. He concluded by noting that the County could have participated in this project by using some of its impact fees, but has chosen not to do so. Commissioner Kirchhoff stated he feels the Commission should move forward with the creation of the proposed special improvement district with the road as designed and using impact fees to cover 71 percent of the street improvement costs. He noted the purpose of impact fees is to cover the costs of capacity expansion and to pay less than the full amount is unfair to the adjacent property owners. He also supports using water and sewer impact fees to the greatest extent possible and elimination of the 5-percent district reserve account fee. Responding to questions from Commissioner Youngman, City Engineer Hixson stated that $5 million is needed to cover the maximum amount of impact fees for West Babcock Street and Durston Road. In addition, the City must consider the $1.65 million in impact fee credits for North 19th Avenue and Valley Center Road and the $400,000 in other outstanding impact fee credits; and those figures total more than the monies collected since self-governing powers were implemented. Responding to Commissioner Youngman, City Engineer Hixson stated it is estimated another $.5 million is needed to fund the Durston Road improvements between North 7th Avenue and North 19th Avenue. He suggested that, if the collection of impact fees continues at its current pace, an additional $1 million in street impact fees will be collected over the next year. Responding to City Manager Kukulski, the Commissioners all agreed that the 5-percent district reserve account fee should be eliminated and that water and sewer impact fees should be used to the greatest extent possible. They also agreed that the lots within Ferguson Meadows already included in the Valley West Subdivision SIDs should be eliminated from this district. Mayor Cetraro indicated that he is comfortable with staff's recommendation on the use of street impact fees for this project, but would also be willing to consider using fees to cover up to 61 percent of the project costs. Commissioner Kirchhoff noted this is the first time that the Commission has an opportunity to use impact fees to the fullest extent possible and to demonstrate that the program is worthwhile, and reiterated his support for covering 71 percent of the improvement costs through that funding source. Commissioner Krauss stated he does not feel much is at stake in proving the impact fee program; his concerns are ensuring adequate monies are available for this project and the two Durston Road projects. As a result, he cannot support using impact fees to the fullest extent possible. Mayor Cetraro voiced his concurrence with Commissioner Krauss's comments. Commissioner Youngman stated that, while she feels the amount of impact fees used should be dropped slightly, she will support covering 71 percent of the project costs through that source of funding to reduce the costs to the adjacent property owners. It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the Commission direct staff to bring back a resolution creating Special Improvement District No. 683 with the following revisions: that the amount of street impact fees be increased to 71 percent of the project costs, that water and sewer impact fees be used to the greatest extent possible, that the discretionary 5-percent district reserve account not be created, and that the lots in Ferguson Meadows Subdivision lying within the Valley 12-20-04 .. - .-..--------- .....--.--- - 11 - West special improvement district not be included within this district. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala and Commissioner Youngman; those voting No being Commissioner Krauss and Mayor Cetraro. Break - 9:27 to 9:35 D.m. Mayor Cetraro declared a break from 9:27 p.m. to 9:35 p.m., in accordance with Commission policy. UDdate and reDlacement of existing Design Objectives Plan. Phase I. establishing design standards within the entrvwav corridors of the citv (Z-04013) This was the time and place set for the public hearing on update and replacement of the existing Design Objectives Plan, Phase I, establishing design standards within the entryway corridors of the city, as proposed by the City of Bozeman under Application No. Z-04013. Public hearing. Mayor Cetraro opened the public hearing. Associate Planner Chris Saunders presented the staff report. He noted that the City adopted the first set of Design Objective Plans in 1992, and it has been determined that document needs to be updated to be more effective. As a result, the City went through the request for proposals process, selected Winter and Company, and went through a variety of public meetings in April and July. The final draft of the document has now been prepared and is before the Commission for consideration. The Associate Planner stated that staff has reviewed this update of the Design Objectives Plan in accordance with the twelve criteria contained in the State statutes, and staff's comprehensive findings are contained in the written staff report. He noted that the Zoning Commission conducted its public hearing on this update at its December 7 meeting and concurred in staff's recommendation for approval, with inclusion of the special requirements for the North 19th Avenue/West Oak Street corridor that were inadvertently omitted. He noted that this document is more usable and includes more illustrations. Mr. Ralph Johnson, Winter and Company, gave a quick overview of the plan, noting it includes no new corridors, no new rules and no deletions. He stated, however, it is more completely illustrated, using illustrative photos taken in Bozeman, and uses additional graphics. He noted the principal guidelines are easier to use, and the sign guidelines have been expanded. He stated the first four chapters apply to all corridors in Bozeman, with a chapter on each specific corridor following those general provisions, and finally the appendices. He concluded by noting that every chapter includes policies and guidelines, in a format designed for ease of use. No one was present to speak in support of or. in opposition to the updated Design Objectives Plans. 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 update and replacement of the existing Design Objectives Plan, Phase I, establishing design standards within the entryway corridors of the city, as proposed by the City of Bozeman under Application No. Z-04013, be approved and that staff be directed to bring back a resolution adopting the new Design Objectives Plan. 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. 12-20-04 - 12 - Preliminary Dlat for Cattail Creek Subdivision. Phase III . subdivide :1:51 acres located at the southeast corner of the future intersection of Davis Lane and Hulbert Road into 66 lots (38 single- household residential and 24 multi-household residential lots. and 4 light manufacturina lots) . TD&H. Inc.. for Sandan. LLC (P.04050) This was the time and place set for the public hearing on the preliminary plat for Cattail Creek Subdivision, Phase III, as requested by Thomas, Dean and Hoskins, Inc., for Sandan, LLC, under Application No. P-04050, to subdivide :t51 acres described as Tract 1, Certificate of Survey No. 2050, into 66 lots, including 38 single-household residential, 24 multi-household residential lots, and 4 light manufacturing lots, along with a request for waiver of the park dedication requirements to allow the natural resources/wetlands in Phase III and the parkland dedication previously provided for Phases I and II to meet the requirements for this subdivision. The subject property is generally located at the southeast corner of the future intersection of Davis Lane and Hulbert Road. Public hearing. Mayor Cetraro opened the public hearing. Contract Planner Lanette Windemaker presented the staff report. She noted that this proposed subdivision includes a combination of zoning districts, including "R-1," "R-2," "R-3", "R-O," and "M-1." She highlighted the application which includes the designation of Lots 5 and 6, Block 21 , for the construction of 18-unit affordable housing complexes in lieu of providing small single-household lots. The applicant has also requested a waiver of the park dedication requirements to allow the natural resources/wetlands in Phase "' and the parkland dedication previously provided for Phases I and II to meet the requirements for this subdivision. She indicated that staff does not support the requested waivers pertaining to parkland because it does not appear they meet the criteria. Contract Planner Windemaker stated that staff has reviewed this application in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. Based on those findings, staff has forwarded a recommendation for approval of the preliminary plat, subject to sixteen conditions. Following its public hearing on December 7, the Planning Board recommended approval with some slight revisions to the recommended conditions. Mr. Rob Pertzborn, architect representing the applicant, stated this is the third phase in the Cattail Creek Subdivision. He noted that when the project began, it included 10 acres; it now includes 170 acres. He indicated that, as one phase is being platted, the design team has looked forward to the next phase to ensure continuity in the development. This has become difficult since the first phase was approved under the old code, the second phase was approved under a newer code, and this phase is being considered under the unified development ordinance. He noted that the overall project is being designed around the creekway and wetlands. Mr. Pertzborn expressed concern about staff's recommendation that crosswalks be required in Blocks 19 and 20. He noted that these blocks are 580 feet long and, under the code, a pedestrian way is required if the blocks are over 600 feet long. He then turned his attention to the parkland calculation, noting everyone admits the method of calculating parkland under the unified development ordinance is nebulous. He noted that, while the staff report talks about the plan depicting 4.17 acres of parkland dedication, 7.2 acres are actually proposed, including detention pond areas and 2.7 acres of 50-foot setback. He also noted that the new code requires the applicant designate where the density development is to be provided, but the parkland dedication seems to be open until the density has been firmly established. He then expressed concern about Condition NO.2 as recommended since it calls for the removal of two specific lots to accommodate any need for additional parkland and doesn't allow for the payment of cash-in-lieu. Contract Planner Lanette Windemaker responded that the two lots identified in Condition NO.2 are surrounded by parkland, and staff felt it most appropriate to eliminate those lots to increase the amount of parkland to meet code requirements. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. 12-20-04 - 13 - Decision. Responding to questions from Commissioner Kirchhoff, Mr. Pertzborn stated the applicants gave 6.6 acres more in parkland than required in Phases I and II and, at that time, asked that the additional parkland dedication be considered in future phases. Since Phase III was not being considered at that time, however, the UDO does not allow for consideration of the applicant's current request. He also noted that, at the time Phases I and II were platted, all setbacks and wetlands could be counted toward the parkland dedication; under the UDO those areas are not included. He then asked that the Commission consider either allowing for a cash-in-lieu payment or count the entire park, less the detention pond, toward the parkland requirements. Further responding to Commissioner Kirchhoff, Mr. Pertzborn noted that, depending on the density of development within this subdivision, up to six lots could be eliminated to ensure an adequate amount of parkland is provided, not just the two lots identified in Condition NO.2. Commissioner Krauss voiced his support for allowing a cash-in-lieu payment rather than the elimination of lots. He also voiced support for eliminating the requirement for pedestrian crossings in Blocks 19 and 20. It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the preliminary plat for Cattail Creek Subdivision, Phase III, as requested by Thomas, Dean and Hoskins, Inc., for Sandan, LLC, under Application No. P-04050, to subdivide ::1:51 acres described as Tract 1, Certificate of Survey No. 2050, into 66 lots, including 38 single-household residential, 24 multi-household residential lots, and 4 light manufacturing lots, along with a request for waiver of the park dedication requirements to allow the natural resources/wetlands in Phase III and the parkland dedication previously provided for Phases I and II to meet the requirements for this subdivision, be approved subject to the following conditions: 1. The southwest corner of the open area of the parkland shall be designed and landscaped for use as an informal, active play area. 2. Any remaining unmet park dedication requirement shall be satisfied by land dedication achieved through the reduction in size or removal of Lots 4 and 5, Block 1, or by a cash-in-lieu payment. 3. The subdivider shall install a bike lane (unless another type of transportation pathway is determined to be more appropriate) along both sides of North 27th Avenue (from the north property line to the south property line) in accordance with City specifications if that is the design previously approved for adjacent properties. 4. "No parking" along Davis Lane and Hulbert Road shall be noted on the final subdivision plat and in the covenants and restrictions for the homeowners' association. 5. 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. 6. The "R-O" zoned lots shall be restricted to a maximum of 49% non-residential uses and this shall be noted in the covenants and restrictions for the homeowners' association. 7. Pedestrian walks, pursuant to Section 18.42.040 of the Bozeman Municipal Code, shall bisect Block 21 to provide circulation. All of the other block lengths in excess of 400 feet appear to be acceptable due to access control, residential separation from arterial traffic, or to overcome disadvantages due to topography or orientation. 8. The striping modifications to the intersection of Catron and Max recommended in the Traffic Impact Study shall be completed as part of the infrastructure requirements for this subdivision. 12-20-04 - 14 - 9. Site plans for development on the individual lots will not be reviewed until the plans for the North 19th Avenue/Valley Center Road improvements project have been approved by MDT and the City of Bozeman. No building permits will be issued until the North 19th Avenue/Valley Center Road construction contract is awarded. 10. If construction of the proposed development conflicts with the North 19th Avenue/Valley Center Road construction, the development's construction activity shall be suspended at the City's or MDT's discretion. 11. A Certificate of Occupancy may not be granted for any use within the subdivision until improvements to Valley Center Road and North 19th Avenue are completed as identified in the construction plans for the roadway. 12. The 15-inch sewer main shall be extended across the east half of Davis Lane to the future center median. 13. A 1-foot No Access Strip shall be shown on the plat along the entire frontage of Davis and Hulbert with the exception the frontage of Lot 7, Block 21. 14. Joint access easements shall be dedicated on the plat on all common lot lines for the lots on North 27th Avenue. 15. The southern half of Hulbert Road from North 27th Avenue to Davis Lane shall be constructed to match the two lane option for minor arterials as shown in the Greater Bozeman Area Transportation Plan, 2001 Update, along with the required utility extensions. 16. The eastern half of Davis Lane from the end of the existing improvements on the south to the northern boundary of this phase shall be constructed to match the typical section approved for the previous phases of Cattail Creek Subdivision. 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. Exit conference for Comprehensive Annual Financial Report for Fiscal Year 2003-2004 (annual audit) City Manager Kukulski announced that this item has been rescheduled for the January 10, 2005, meeting. Letter of support for housing tax credit proiect for Dab Dabnev Included in the Commissioners' packets was a memo from Caren Roberty forwarding information on the requested letter of support. Ms. Caren Roberty, staff representative for the Community Affordable Housing Advisory Board, stated that Mr. Dabney is seeking a letter of support for his tax credit application to the Montana Board of Housing for an affordable housing project to be constructed at the corner of Baxter Lane and North 27th Avenue. She noted that the project is to include 48 affordable apartments, with three of those units being designated for those with incomes below 40 percent of area median income. She indicated that the Board has forwarded a recommendation for approval of the requested letter of support. Mr. Dab Dabney, Farmhouse Partners, indicated a willingness to respond to questions. It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the Mayor be authorized and directed to sign a letter of support for the housing tax credit project proposed by Farmhouse Partners. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss and Mayor Cetraro; those voting No, none. 12-20-04 ---- ---- - - ---- - ------- - 15 - Direction to staff re commitment to utilize Loaan Landfill as future solid waste destination Included in the Commissioners' packets was a memo from Director of Public Service Debbie Arkell. Director of Public Service Arkell noted that the City's landfill is projected to be full some time in the Fall of 2005, depending on whether BFI uses the City's landfill or hauls to the Logan landfill. She reminded the Commission that the collection trucks are not designed to haul over the road, so staff is seeking approval from the State of Montana Department of Environmental Quality to purchase a couple of trailers to dump the collection trucks into for transport to the Logan landfill. The Director of Public Service stated that, to plan for the future, the Gallatin Refuse District Board needs to know whether the City of Bozeman plans to haul its refuse to the Logan landfill. She noted that if the City does begin to haul waste to that facility now, the current cell will last approximately 2~ years; thus construction on a new cell will need to begin soon. Director of Public Service Arkell noted that a variety of options have been discussed, including a contract to have the waste hauled from the transfer station to any landfill the contractor chooses, a contract to have the waste hauled from the transfer station to the Logan landfill, and purchase of transfer trucks and trailers to haul waste from the transfer station to the Logan landfill. She noted that the Logan landfill is in Gallatin County and needs more solid waste to be an efficient operation. Also, one of the top goals that surfaced in the recent goal setting process was the signing of an agreement to haul solid waste to the Logan landfill. As a result, she recommended that the Commission authorize staff to advise the Gallatin Refuse District Board that the City will commit to utilizing the Logan landfill, with details of the agreement to be worked out over the next few months. Mr. Dave Pruitt, Chair of the Gallatin Refuse District Board, noted that Gallatin County Commission appointed the District Board, effective July 1, 2004, and sought an INTERCAP loan to cover their start-up costs. He noted that the Board has lowered the tipping fee by $7, and it is now $28 per ton; if the City of Bozeman begins hauling to the Logan landfill, that tipping fee could potentially be lowered even more. He stated the Refuse District currently has six employees, with the most recent hire beginning work today in the billing area. He indicated that, while the Board is autonomous, the refuse district still uses the County's payroll system and audit system. He noted that a new building is currently being constructed at the landfill. Mr. Pruitt acknowledged that the West Yellowstone operation continues to be of concern, particularly since the composting facility is very expensive to operate and that district is running in the red. He suggested that if those funding issues can be resolved, he envisions a refuse district that covers the entire county at some time in the future. Commissioner Hietala stated he feels that a commitment to use the Logan landfill is premature, noting that a recent engineer's matrix of volume suggests the tipping fee could be $20 per ton. He concluded by stating that, while he supports using the Logan landfill, he wants to ensure the City remains in a position to negotiate a fair price based on anticipated volumes. Commissioner Krauss stated he does not support being part of the refuse district at this point, but he feels that using the Logan landfill under a negotiated agreement is appropriate. It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that staff be authorized to advise the Gallatin Refuse District Board that the City of Bozeman will commit to utilizing the Logan landfill as a destination for solid waste collected by the City's collection division and future transfer station, under a negotiated agreement that is acceptable to both parties. 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. Commission Resolution No. 3756 - creatina SID No. 675. improvements to North 19th Avenue from Baxter Lane to Vallev Center Road Included in the Commissioners' packets was a copy of Commission Resolution No. 3756, entitled: 12-20-04 - 16- COMMISSION RESOLUTION NO. 3756 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 675; CREATING THE DISTRICT FOR THE PURPOSE OF UNDERTAKING CERTAIN LOCAL IMPROVEMENTS AND FINANCING THE COSTS THEREOF AND INCIDENTAL THERETO THROUGH THE ISSUANCE OF SPECIAL IMPROVEMENT DISTRICT BONDS SECURED BY THE CITY'S SPECIAL IMPROVEMENT DISTRICT REVOLVING FUND AND ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE. Acting City Attorney Tim Cooper highlighted his memo, which shows the progression of these special improvement districts for improvements to the North 19th AvenueNalley Center Road corridor. He noted that, since the Commission approved the proposed draft agreement on October 4, he has been working with the property owners on the details of the agreement. He noted that, under the agreement, certain property owners agree to provide cash contributions to the project and, in exchange, the City is to provide dollar-for-dollar impact fee credits and, under certain conditions, allow concurrent construction. He indicated that the agreement has now been executed by all of the property owners involved, without substantive changes to the agreement. He concluded by recommending that the Commissioners adopt the resolutions creating the four special improvement districts. Mr. Mike Garrity, attorney representing Arrowhead, LLC, encouraged the Commissioners to adopt these four resolutions, noting that the fully executed agreement represents six months of negotiations between the various developers and City staff. He noted that under this agreement, seven developers have agreed to contribute a total of over $1.655 million to the project, in exchange for impact fee credits. He thanked the City Commission and staff for their assistance and cooperation and for their support in this process. Commissioner Krauss acknowledged Acting City Attorney Cooper for his work on this project. It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that Commission Resolution No. 3756, creating Special Improvement District No. 675, for improvements to North 19th Avenue from Baxter Lane to Valley Center Road, be adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff and Mayor Cetraro; those voting No, none. Commission Resolution No. 3757 . creating SID No. 676. improvements to Vallev Center Road from North 19th Avenue to iust west of North 27th Avenue Included in the Commissioners' packets was a copy of Commission Resolution No. 3757, entitled: COMMISSION RESOLUTION NO. 3757 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 676; CREATING THE DISTRICT FOR THE PURPOSE OF UNDERTAKING CERTAIN LOCAL IMPROVEMENTS AND FINANCING THE COSTS THEREOF AND INCIDENTAL THERETO THROUGH THE ISSUANCE OF SPECIAL IMPROVEMENT DISTRICT BONDS SECURED BY THE CITY'S SPECIAL IMPROVEMENT DISTRICT REVOLVING FUND AND ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE. It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that Commission Resolution No. 3757, creating Special Improvement District No. 676, for improvements to Valley Center Road from North 19th Avenue to just west of North 27th Avenue, be adopted. 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. 12-20-04 .n . _.._..__._.._ _,,_..______._____n n .""..__.. ...___.._.___..____.._____.__ . .._n_.._....___._.___..". - 17 - Commission Resolution No. 3758 - creating SID No. 677. improvements to traffic sianal at intersection of North 19th Avenue and Valley Center Road Included in the Commissioners' packets was a copy of Commission Resolution No. 3758, entitled: COMMISSION RESOLUTION NO. 3758 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 677; CREATING THE DISTRICT FOR THE PURPOSE OF UNDERTAKING CERTAIN lOCAL IMPROVEMENTS AND FINANCING THE COSTS THEREOF AND INCIDENTAL THERETO THROUGH THE ISSUANCE OF SPECIAL IMPROVEMENT DISTRICT BONDS SECURED BYTHE CITY'S SPECIAL IMPROVEMENT DISTRICT REVOLVING FUND AND ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE. It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that Commission Resolution No. 3758, creating Special Improvement District No. 677, for improvements to the traffic signal at the intersection of North 19th Avenue and Valley Center Road, be adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss and Mayor Cetraro; those voting No, none. Commission Resolution No. 3759 - creating SID No. 678. installation of traffic sianal at intersection of North 19th Avenue and Cattail Street Included in the Commissioners' packets was a copy of Commission Resolution No. 3759, entitled: COMMISSION RESOLUTION NO. 3759 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 678; CREATING THE DISTRICT FOR THE PURPOSE OF UNDERTAKING CERTAIN lOCAL IMPROVEMENTS AND FINANCING THE COSTS THEREOF AND INCIDENTAL THERETO THROUGH THE ISSUANCE OF SPECIAL IMPROVEMENT DISTRICT BONDS SECURED BY THE CITY'S SPECIAL IMPROVEMENT DISTRICT REVOLVING FUND AND ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE. It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that Commission Resolution No. 3759, creating Special Improvement District No. 678, for the installation of a traffic signal at the intersection of North 19th Avenue and Cattail Street, be adopted. 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. Commission Resolution No. 3764 - reaffirming Commission's denouncement of hate activities and support for diversity in community Distributed just prior to the meeting was a copy of Commission Resolution No. 3764, entitled: COMMISSION RESOLUTION NO. 3764 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING THAT "All ARE WELCOME HERE", AND SUPPORTING THE DIVERSITY OF THE COMMUNITY. City Manager Kukulski noted that the resolution before the Commission is the result of several groups working together throughout the past week, and is to be adopted jointly by a variety of groups and organizations. 12-20-04 - 18- Commissioner Kirchhoff encouraged the Commission to adopt the resolution as written, particularly since it is to be adopted by at least eight different agencies. He expressed his hope that this resolution will be just one part of a much broader, on-going and positive community awareness. He then announced that there will be a signing of the resolution at 10:30 a.m. on Thursday morning in the Community Room of the Courthouse, and representatives of the agencies listed on the signature page as well as other interested parties will be invited to participate in the ceremony. Mr. Kevin McGuire, local representative of the National Alliance, stated the organization stands up for the white race. He recognized that the Commission will adopt the resolution, suggesting that they will do so because this is an era when people and their actions are controlled by the mass media, which is in the hands of the enemy. Along with the media, he noted the human rights watch dogs use inflammatory words when describing organizations such as the National Alliance, in an effort to discredit and dismiss the truth. He suggested that this nation is much different from the one envisioned by the founding fathers when they signed the US Constitution, due in part to the mixing of races over the years rather than maintaining the geographic separation that was originally anticipated. Mr. Martin Pep us thanked the Commission and the Bozeman Daily Chronicle for the positions they have taken regarding the actions of "hate mongers". He characterized the objective of racial purity as vicious prejudice and a threat to the stability and integrity of the community. He questioned how people could visit or relocate to Montana if they were aware of the presence and vigorous activities of hate groups and encouraged the community leaders to speak out and protect the citizens. He concluded by noting it is important to actively encourage education and tolerance of others. Ms. Stacey Haugland encouraged the Commission to adopt this resolution, noting it is an important first step in addressing the issue currently facing the community. Mr. Ryan Flaherty suggested that a special interest group is running its agenda through the Commission and other groups, noting that the average American does not want to be represented by minorities. He indicated that the people he has talked to generally agree with what the National Alliance promotes but are afraid to say so. He characterized the news media as very biased and stated that the flyers distributed by the National Alliance, while described as hateful, simply provide statistics and the truth. He then noted he was born and raised in Bozeman and has watched it deteriorate over the years. He concluded by stating that adoption of this resolution is a vote against freedom of speech. Mr. Jack Kligerman read from the goals of the National Alliance, noting that Goal No.4 is for a strong centralized government to coordinate the tasks of a white world. He stated that, over the years, the word "cleansing" has been defined by various countries, and he finds that unacceptable in Bozeman. He concluded by encouraging the Commission to adopt this resolution, affirming the community as it exists. Ms. Barbara Kligerman spoke in support of the resolution, noting that it supports the human race and everyone in it. She stated that to remain silent would be to "destroy me and you." Ms. Cindy Newman spoke in support of the resolution. She questioned the white's superior claim to North America, asking "what is white?" She suggested that the white race is really a guest in this nation, since it was taken from the Native American tribes. Ms. Kaaren Jacobsen spoke in support of the resolution, noting that she is concerned about the plan of action to reach the goals of the National Alliance. She stated that, while the dropping of literature on lawns may seem innocuous, it could be dangerous. She cited events in Northern Idaho during the height of the Aryan Nations reign. She noted that residents of Hayden Lake, headquarters for the group, were afraid to leave their homes; businesses owned by "minorities" were defaced; and black and Asian students were harassed. These activities were not limited to Hayden Lake, but extended to Couer d'Alene and Boise. She concluded by noting this type of violence disturbs her and asked that the Commission adopt the resolution and take a stand against such activities. Commissioner Hietala indicated he does not view adoption of this resolution as a vote against freedom of speech. It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that Commission Resolution No. 3764, declaring that "all are welcome here" and supporting the diversity of the community, be adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner 12-20-04 ---------- - 19 - Hietala, Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff and Mayor Cetraro; those voting No, none. ADDroval of final Dlat for Alder Creek Subdivision. Phase 2 (subdivide 13.7683 acres located north of Cambridge Drive. south of Allison Subdivision. Phase 2. and west of South Third Avenue into 54 residential lots and Dublic Dark) Included in the Commissioners' packets was a memo from Acting City Attorney Tim Cooper forwarding a copy of the final plat for Alder Creek Subdivision, Phase 2, which subdivides 13.7683 acres into 54 residential lots and public park. Acting City Attorney Cooper reminded the Commission that this final plat had been removed from the November 22 agenda in light of objections raised by School District No.7, owner of the property immediately to the south. He concluded by forwarding staff's recommendation for approval, noting the applicant has complied with the conditions attached to approval of the preliminary plat; and the objections raised by the School District actually reflect a dispute between two private parties. Mr. Joby Sabol, attorney representing Mahar Homes, indicated he has been retained as a result of the applicant's frustration in attempting to resolve the issues. He acknowledged there is a drainage problem, noting the detention pond on the Sacajawea Middle School property is at a lower point with no outflow across Cambridge Drive. He stated, however, that the applicant constructed the subdivision according to the plans and specifications approved by the City, and the requirements for final plat have been completed and satisfied. He noted the applicant and School District have had a series of discussions but have not been able to satisfactorily resolve the situation. He stated his client has offered to pay 50 percent of the costs to take the water from the detention pond to the west, through an open swale adjacent to Cambridge Drive. He noted that a large sod farm is located immediately south of the school and, when conditions are right, that site can produce a great amount of melt water that moved through the school district property and through a portion of the Alder Creek Subdivision; and it can no longer do so because of Cambridge Drive. Mr. Clint Litle, consulting engineer representing School District No.7, distributed a packet of pictures taken in March 2003 and October 2004. He noted that Cambridge Drive was constructed with no culvert through the road fill, and that situation can potentially cause harm on the School District's property. He reviewed the pictures in the packet, noting the first three are from the snow melt event in March 2003, which nearlyfJooded the Sacajawea Middle School. He noted that, historically, when the weather is warm, it melts the snow, and it has sheet flowed from the south across the school property and onto the Alder Creek Subdivision property. The historic flow path has been impeded with the construction of Cambridge Drive, which has blocked the outfall from the detention pond. He voiced concern that when another snow melt event occurs, it will create a pond that is 4~ feet deep on the school property, spilling over into the parking lot and over the road. The School District would like to see this situation resolved with positive drainage of the area and asked that the final plat be rejected until the issue is mitigated. Mr. Chris Gray, attorney representing the School District, distributed copies of his letter regarding this issue. He forwarded the District's request that the final plat be disapproved at this time since the developer has not met all of the conditions for the preliminary plat, specifically, the design development standards for drainage. He noted that the rights of the School District have not been taken into consideration in the determination that the developer of the Alder Creek Subdivision has met the conditions of approval. The result of the design and construction of the roadway and stormwater drainages is an infringement on the School District, and it is important that the water discharge to the north be allowed to continue without disturbance. He indicated that the swale across the Alder Creek Subdivision should be continued, since it provided the necessary drainage for the school property. He concluded by asking that this final plat not be approved until mitigation has occurred. Mr. Per Hjalmarsson, consulting engineer for Mahar Homes, stated he has been involved in this project from its inception. He noted that the pictures of the school taken in March 2003 are on the south side of the property, not the area under discussion. He stated the developer and his team have tried unsuccessfully to work with the School District to resolve the drainage issue. He noted that Mr. Mahar has committed to paying 50 percent of the costs of creating a drainage to the west, which is a shorter distance to the ditch. He stressed that there is no easement through Mr. Mahar's property for the swale that the 12-20-04 - 20- School District has been using for overflow. He concluded by asking the Commission to approve the final plat and allow his client to move forward with development of this subdivision. Mr. Gary Griffith, School District No.7, questioned why the School District should help the developer solve his problems. He suggested, rather, it his responsibility to take care of his water. He stated that the School District's rights have been infringed upon and, as a result, he asked that this final plat not be approved. Responding to questions from Commissioner Krauss, Mr. Griffith stated the pictures taken on March 2003 are from the south end of the school looking north, and noted that the road is six inches below floor level in front of the building. He then indicated that the water found its way from the south, around the building and into the detention adjacent to Cambridge Drive. Project Engineer Bob Murray stated that during the flooding in March 2003, City staff brought in pumps and sandbags to help move the water around the building because it was stuck on the south end. He then indicated that the City's Engineering staff has reviewed the plans and specifications and believe that they meet City standards. Responding to Acting City Attorney Cooper, Project Engineer Murray stated that the stormwater for the School District property was previously discharged from the detention pond onto Con Gillam's property, but there was no easement for that discharge. He noted that, for any site plan approval, an applicant is typically required to get an easement for any off-site discharge course being utilized. However, the School District is exempt from the City's zone code and did not obtain such an easement. He then indicated that, during review of the preliminary plat, the School District did not identify its use of the subject property for discharge of stormwater and did not lodge any objection to the proposed subdivision based on the discharge of stormwater. Acting City Attorney Cooper noted that it appears there was not any concern regarding stormwater run-off raised during consideration of the preliminary plat and, as a result, no condition requiring mitigation of the issue was attached. He concluded by cautioning that no new conditions may be added between approval of the preliminary plat and final plat and reiterated staff's recommendation that this final plat be approved. Mr. Joby Sabol stated that approval of this final plat does not mean the end of his client's efforts to resolve the stormwater issues; rather, it allows the process to move forward on a more level playing field. Mr. Clint Litle responded that the School District did not create the drainage problems, stressing that the majority of the water is not created by his client, who wants to see it conveyed through that property and on northward. Responding to Commissioner Krauss, Project Engineer Bob Murray indicated there are two different kinds of stormwater ponds, a detention pond and a retention pond. He noted that a detention pond typically discharges water to a specified location while a retention pond holds the water and, once it is full, overflows and works its way through the system. It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the final plat for Alder Creek Subdivision, Phase 2, which subdivides 13.7683 acres into 54 residential lots and pUblic park, be approved. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala and Mayor Cetraro; those voting No being Commissioner Krauss. ADDointments to Recreation and Parks Advisorv Board and Community Alcohol Coalition Included in the Commissioners' packets was a memo from Deputy Clerk of the Commission DeLathower forwarding the applications for these boards. It was moved by Commissioner Krauss, seconded by Commissioner Hietala, that the following appointments be made to the Community Alcohol Coalition: that Joe Domanski be appointed as a hospitality industry representative, with an initial term to expire on June 30,2007, and that Mary McMaster be appointed to replace Hank Graham as the Bozeman High School representative, with an initial term to 12-20-04 -....--. . _no..n._ ...._ ....._._.______.____.__._.____ ---.-- -..--------------.-..-.".... ----....-- - 21 - expire on June 30,2005. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Hietala, Commissioner Kirchhoff, Commissioner Youngman and Mayor Cetraro; those voting No, none. It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that Jenna Caplette be appointed to replace Harlan Wells as a neighborhood association representative on the Community Alcohol Coalition, with an initial term to expire on June 30, 2006. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss and Mayor Cetraro; those voting No, none. It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that Terry Baldus, Gene Brooks, Cynthia Mernin and Robert Wade be reappointed to the Recreation and Parks Advisory Board with three-year terms to expire on December 31, 2007 and that Sue Henning be appointed to replace Yousef Zadegan as a county representative, with an initial term to expire on December 31, 2006. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss and Mayor Cetraro; those voting No, none. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1) Letter from Gaston Engineering and Surveying, Inc., dated December 10, aSking the Commission to reconsider its recent action on the request for modification of the Conditional Use Permit for the Magic Diamond Too project. (2) Copy of an e-mail from the County Commissioners, dated December 8, announcing the changes in duties for the Chief Administrative Officer. (3) Copy of a letter from Director of Public Service to NorthWestern Energy, dated December 13, asking that a street light be installed on Durston Road near the crosswalk for Legion Villa as soon as possible. (4) Letter from Cindy Harrelson, 1119 South Third Avenue, dated December 14, encouraging the Commission to take a stand against the distribution of hate propaganda within the community. (5) Letter from Karen, Jan, Kale and Hannah Krieger, 1105 South Grand Avenue, dated December 14, voicing concern about the racist literature drops that are occurring in their portion of the community. (6) Letterfrom Jim Bruggeman, Principal ofthe Irving School, voicing concern about the door-to- door dropping of racist literature. (7) Letter signed by several staff members of the Irving School, dated December 14, asking that the Commission take a strong stand for tolerance and against racism. (8) Letter from Elin Hert, 216 South 10th Avenue, encouraging the Commissioners take a stand against racism in the community. (9) Updated list of planning projects to be considered at upcoming Commission meetings, dated December 20. (10) Notes from the Community Alcohol Coalition meeting held on November 10, 2004. (11 ) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, December 21, at the Courthouse. (12) Agenda for the joint meeting of the City Planning Board and Zoning Commission, to be held at 7:00 p.m. on Tuesday, December 21, in the Commission Room. 12-20-04 ---.--..---... - 22- (13) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Wednesday, December 22, at the Professional Building. (14) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Wednesday, December 22, at the Professional Building. (15) Assistant City Manager Ron Brey announced that he has met with a couple business owners from North 7th Avenue, who have expressed interest in a tax increment financing district that goes beyond the 1-90 interchange but does not include West Main Street. (16) Assistant City Manager Brey announced that he has worked with the engineering staff on identifying possible projects that could be completed with grant monies and, once again, sewer projects rise to the top. (17) City Manager Kukulski announced that on Friday afternoon the City received an offer to purchase the Love Lane property, and a second person has indicated potential interest in submitting an offer. (18) City Manager Kukulski recognized Acting City Attorney Cooper's "fantastic work" on the North 19th AvenueNalley Center Road agreement and SIDs. He acknowledged that hundreds of hours of work have gone into that project. He then noted that the public will benefit from those road improvements as well as the West Babcock Street project that the Commissioners approved earlier this evening. (19) The City Manager reported that only five additional applications were received for the Director of Finance position, bringing the total to 19. He assured the Commission that he will not settle for "second best" but will fill the position with the best person possible. (20) The City Manager invited the Commissioners to attend the Christmas party at the Valley Ice Garden, beginning at 6:00 p.m. on Thursday, December 30. (21) Planning Director Andy Epple distributed a summary report from the recent staff retreat. (22) Planning Director Epple stated that, while drafting a letter to the County regarding the pre- release center, he contacted Dorothy Bradley and was informed that invitations had been sent to City staff and Commissioners to attend an open house on their capital facilities plan, but no one from the City attended. As a result, the County wishes to make a presentation to the Commission at one of its upcoming work sessions. The Commissioners expressed an interest in such a presentation; and Mayor Cetraro suggested the Commissioners could begin their meeting early to accommodate the presentation. (23) Commissioner Kirchhoff reminded the Commissioners of the signing ceremony for the resolution supporting diversity, scheduled for 10:30 a.m. on Thursday, December 23, in the Community Room of the Courthouse. A majority of the Commissioners indicated they plan to attend that ceremony. (24) Acting City Attorney Cooper noted that, while it appeared at the Southwest Montana Building Industry Association board retreat that they may be interested in settling the impact fee lawsuit, it appears their attorney is not interested in doing so. He indicated that mediation is a requirement of the Court, but cautioned that it may not provide any beneficial results. (25) Commissioner Youngman complimented staff for the flyers that have been posted at the various grocery stores regarding the disposal sites for Christmas trees. Adjournment - 11 :55 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, Commissioner Youngman and Mayor Cetraro; those voting No, none. 12-20-04 -.-.,."'''.-- ---- - 23- TRARO, Mayor ATTEST: ~,/~ R IN L. SULLIVAN Clerk of the Commission 12-20-04