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HomeMy WebLinkAbout2004-10-11 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA October 11, 2004 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, October 11, 2004, at 7:00 pm. Present were Mayor Andrew Cetraro, Commissioner Jeff Krauss, Commissioner Marcia Youngman, Commissioner Steve Kirchhoff, Commissioner Lee Hietala, City Manager Chris Kukulski, Director of Public Service Debbie Arkell, Planning Director Andy Epple, Acting City Attorney Tim Cooper, City Engineer Rick Hixson, and Deputy Clerk of the Commission Karen DeLathower. The meeting was opened with the Pledge of Allegiance and a moment of silence. Minutes - October 4.2004 It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the minutes of the meeting of October 4, 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. Consent Items City Manager Kukulski presented to the Commission the following Consent Items. Commission Resolution No. 3735 - authorize City Manaaer to sian Chanae Order No. 1 for addition and remodel at Fire Station No. 1 - Inaram-Clevenaer. Inc.. Helena. Montana - deduct $5.68 and add 10 calendar days COMMISSION RESOLUTION NO. 3735 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, ~~TANA, APPROVING AL TERATION/MODIFICATION OF CONTRJ\CT WITH INGRAM- CLEVENGER, INC., HELENA, MONTANA. f Commission Resolution No. 3736 - authorize City Manaaer to sian Chanae Order No. 2 for addition and remodel at Fire Station No.1 - Innram-Clevenaer. Inc.. Helena. Montana - add $1.445.00 and 0 calendar days COMMISSION RESOLUTION NO. 3736 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING AL TERATION/MODlFICATION OF CONTRACT WITH INGRAM- CLEVENGER, INC., HELENA, MONTANA. Claims It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the Commission approve the Consent Items as listed and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, and Mayor Cetraro; those voting No, none. 1 0-11-04 .__."..u..._...___".._..______._ ----....-.-- - 2 - Public comment David Smith, President of Bozeman Area Chamber of Commerce, presented a letter to the Commission from the Board of Directors of the Bozeman Area Chamber of Commerce asking what will happen if the 9-1-1 mill levy is passed because it is their understanding that the City funds this service with $500,000 of general fund monies annually. The Board of Directors suggested the taxpayers of the city deserve to know what will happen with this City funding, and those monies should be returned to the taxpayers through a decrease in the general mill levy. Elizabeth Darrow, 603 West Babcock Street, Gallatin Valley Democrats, called the Commission's attention to the problem of theft and damage of political yard signs in this community. These acts create a climate of intimidation and border on harassment, theft, criminal trespass, stalking, and inhibits political free speech. Christina Hayes, 1430 South Third Avenue, spoke as one who has had her signs destroyed. She feels her house is being targeted, and it makes her feel uncomfortable because it creates a hostile atmosphere. Commissioner Youngman asked to hear what the Police Department is intending to do about this problem, noting this has never happened as much in the past. City Manager Kukulski responded that he will have Director of Public Safety Tymrak provide the Commission with a written report on the subject. Commission Resolution No. 3723 -Iewina and assessina liahtina district costs for Fiscal Year 2004 This was the time and place set for the public hearing on Commission Resolution No. 3723, entitled: COMMISSION RESOLUTION NO. 3723 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING MAINTENANCE AND ELECTRICAL CURRENT COSTS FOR SPECIAL IMPROVEMENT LIGHTING MAINTENANCE DISTRICTS OF THE CITY OF BOZEMAN. Public hearing Mayor Cetraro opened the public hearing. Director of Finance Gamradt presented the staff report, noting there are 29 lighting districts in the city. Costs of the districts are added up and then assessed to the property owners. One half of the costs are assessed in November and the remainder are assessed in May. Those not paid will be certified as delinquent to the County. Since there were no objections, Mayor Cetraro closed the public hearing. Decision It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that Commission Resolution No. 3723, levying and assessing lighting district costs for Fiscal Year 2004, be finally 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. 3724 - levvina and assessina delinauent solid waste collection fees for Fiscal Year 2004 This was the time and place set for the pUblic hearing on Commission Resolution No. 3724, entitled: 1 0-11-04 -...-.-..-."...--. - 3 - COMMISSION RESOLUTION NO. 3724 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONT ANA, TO DEFRAYTHE COST AND EXPENSE OF COLLECTING, REMOVING AND DISPOSING OF SOLID WASTE. Public hearing Mayor Cetraro opened the public hearing. Director of Finance Gamradt gave the staff report, saying this resolution is levying and assessing the delinquent trash collection fees. There are 14 property owners with unpaid garbage fees, and those not paid will be certified as delinquent to the County and a lien placed on the property. Since there were no objections, Mayor Cetraro closed the public hearing. Decision It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that Commission Resolution No. 3724, levying and assessing delinquent solid waste collection fees for Fiscal Year 2004, be finally 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. 3725 -Ievvina and assessina delinauent sewer charaes for Fiscal Year 2004 This was the time and place set for the public hearing on Commission Resolution No. 3725, entitled: COMMISSION RESOLUTION NO. 3725 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONT ANA, UNLESS PROVISIONALLY EXEMPTED, TO COLLECT DELINQUENT SEWER CHARGES PLUS COSTS AND EXPENSES INCURRED BY THE CITY OF BOZEMAN, AS PROVIDED FOR IN SECTION 7-13-4309, MONT ANA CODE ANNOTATED. Public hearing Mayor Cetraro opened the public hearing. Director of Finance Gamradt reviewed the staff report, adding unpaid sewer charges will be certified as delinquent to the County and a lien placed on the property. Since there were no objections, Mayor Cetraro closed the public hearing. Decision It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that Commission Resolution No. 3725, levying and assessing delinquent sewer charges for Fiscal Year 2004, be finally 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. 1 0-11-04 ..-...------- ...... ------..-------- .- ,.."'.....-.- .. - ----..---""... - 4 - Commission Resolution No. 3726 . levying and assessina delinauent sidewalk reDair charaes for Fiscal Year 2004 This was the time and place set for the public hearing on Commission Resolution No. 3726, entitled: COMMISSION RESOLUTION NO. 3726 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO COLLECT SIDEWALK REPAIR CHARGES PLUS COSTS AND EXPENSES INCURRED BY THE CITY OF BOZEMAN, AS PROVIDED FOR IN CHAPTER 12.20 OF THE BOZEMAN MUNICIPAL CODE. Public hearing Mayor Cetraro opened the public hearing. Director of Finance Gamradt presented the staff report, noting there are two property owners with unpaid repair bills. Since there were no objections, Mayor Cetraro closed the public hearing. Decision It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that Commission Resolution No. 3726, levying and assessing delinquent sidewalk repair charges for Fiscal Year 2004, be finally 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. Annexation of 1.6039 acres Iving alona east side of StOry Mill Road. and south side of Bridaer Drive. Deborah and Keith O'Reillv. 4K Partners (A.04012) This was the time and place set for the public hearing on the intent to annex 1.6039 acres, as established by Commission Resolution No. 3720, entitled: COMMISSION RESOLUTION NO. 3720 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABIT ANTS THEREOF AND THE OWNERS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. The subject parcel is described as Tract 1, Certificate of Survey No. 1895, and lies at the southeast corner of the intersection of Story Mill Road and Bridger Drive. Public hearing Mayor Cetraro opened the public hearing. Associate Planner Saunders presented the staff report, noting staff has reviewed this application in light of the goals and policies set forth in Commission Resolution No. 3137; and staff's comprehensive findings are contained in the written staff report. Based on that review, he forwarded staff's recommendation for approval, subject to the following items being addressed prior to, or in conjunction with, the annexation agreement: 1 0-11-04 - 5 - 1. That the applicant execute at the Gallatin County Clerk and Recorder's Office a waiver of right-to-protest creation of SIDs for a City-wide Park Maintenance District, which would provide a mechanism for the fair and equitable assessment of maintenance costs for City parks as part of the Annexation Agreement. 2. That provisions for water rights or cash in-lieu of water rights in an amount determined by the Director of Public Service be provided in the Annexation Agreement whereby it is executed by the landowner prior to final subdivision plat approval, final site plan approval, or issuance of any building permits, whichever occurs first, prior to the City Commission adopting the Resolution of Annexation and accepting the Annexation Agreement. 3. The property owner should be advised that prior to development of the property, the future developer(s) may be required to prepare, at their own expense, a comprehensive design report evaluating existing capacity of water and sewer utilities, stormwater master plan, and traffic impacts. 4. The landowners and their successors shall pay all fire, street, water, and sewer impact fees required by Chapter 3.24, Bozeman Municipal Code, or as amended at the time of application for any permit listed therein. 5. The Annexation Agreement should include notice that, prior to development, the developer will be responsible for installing any facilities required to provide full municipal services to the property in accordance with the City's infrastructure master plan and all City policies and guidelines that may be in effect at the time of development. 6. An annexation map, titled "Cook-Bridger Annexation Map" with a legal description of the property and adjoining rights-of-way and/or street access easements (i.e., Bridger Canyon Drive, Story Mill Road, and Hillside Lane) shall be submitted by the applicant for use with the Annexation Agreement. The map must be supplied on a mylar for City records (18 inches by 24 inches), a reduced 8~-inch by 11-inch or 8~- inch by 14-inch exhibit for filing with the Annexation Agreement at the County Clerk and Recorder, and a digital copy for the City Engineer's office. This map must be acceptable to the Director of Public Service and City Engineer's office and shall be submitted with the signed Annexation Agreement. 7. The final annexation map and metes and bounds description shall include the full width of all adjacent right(s)-of-way. Note that the metes and bounds description for each adjacent right-of-way must be described separately from that of the parcel. The applicant is responsible for obtaining any required affidavits from the Montana Department of Transportation (MDT) or Gallatin County. 8. That the applicant executes all contingencies and terms of said Annexation Agreement with the City of Bozeman within one (1) year of approval by the governing body, or annexation approval shall be null and void. 9. That concurrent with further development of the property easements be provided, if needed, for a trail along the northern portion of the property to continue the trail along Bridger Canyon Drive. 10. Applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of SIDs for the following: a. Street improvements including paving, curb/gutter, sidewalk, and storm drainage facilities for the following streets: Story Mill Road Bridger Drive Hillside Lane b. Signalization improvements for the following intersections: 1 0-11-04 - 5- Story Mill Road/Bridger Drive Bridger Drive/Rouse Avenue/Griffin Drive c. Trunk sewer and water main improvements to serve the property. The documents filed shall specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. 11. The owner shall provide a public street and utility easement for Story Mill Road. The easements shall be 15 feet wide from the western property line for a total future right of way width of 90 feet. This constitutes the required right-of-way width for the collector standard as shown in the transportation plan. A public street and utility easement shall also be granted for Bridger Drive to match the existing width to the east and west. Staff has received one letter of opposition to this annexation. Commissioner Kirchhoff asked if there is any obstacle to using Hillside Lane for ingress and egress. Associate Planner Saunders responded that the public has the right to pass across this property because Hillside Lane was created by petition, as was Story Mill Road. Gene Cook, applicant, stated the reason they are proposing R-4 zoning is because this small parcel will require a lot of costs to develop; and they want to provide affordable housing, such as townhouses or condos, on this property. He suggested this project would be a logical transition between the residential, commercial, and light industrial uses of the area. Ed McCrone, 2150 South Story Mill Road, noted that, contrary to staff's presentation, he owns 80 to 120 feet on the southern boundary of this property; therefore, the applicant has no available access to Hillside Lane. Joe Gunter, 1118 Bridger Drive, read his letter to the Commission into the public record. He is concerned that development of this property will increase traffic at the dangerous intersection of Bridger Drive and Story Mill Road and will have an unfavorable effect on the neighboring property values. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Responding to Commissioners Kirchhoff and Hietala, Associate Planner Saunders stated there have been three surveys recorded involving the southern portion of this property. The record for the last 19 years, from three different surveying companies, shows the same location for the 50-foot pUblic transportation easement. Commissioner Krauss stated he believes annexation of this property is appropriate since the City will soon entirely surround it. Decision It was moved by Commissioner Kirchhoff, seconded by Commissioner Krauss, that the Commission direct staff to bring back an annexation agreement, addressing Item Nos. 1 through 11 listed above, for Commission consideration. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Krauss, Commissioner Youngman, Commissioner Hietala, and Mayor Cetraro; those voting No, none. Zone Map Amendment - establish initial municipal zonina desianation of "R-4". Residential-Hiah- density. on 1.6039 acres Iyina alona east side of StOry Mill Road. and south side of Bridaer Drive - Deborah and Keith O'Reilly. 4K Partners lZ-04196) This was the time and place set for the public hearing on the Zone Map Amendment requested by Deborah and Keith O'Reilly, 4K Partners, under Application No. Z-04195, to establish an initial municipal 1 0-11-04 ---.-------..- _______._____.__._._ n.___.__..... _____n__._..____....__ n.."..._n.._... .__.. - 7 - zoning designation of IR-4", Residential-High-density on 1.6039 acres described as Tract 1, Certificate of Survey No. 1895. The subject property is located at the southeast corner of the intersection of Story Mill Road and Bridger Drive. Public hearing Mayor Cetraro opened the public hearing. Associate Planner Saunders presented the staff report, noting this property currently has a County zoning designation of R-S. Staff has reviewed this application in light of the applicable criteria and recommends approval of the requested R-4 zoning, with contingencies. Staff's comprehensive findings can be found in the written staff report. The Zoning Commission reviewed this application at its September 8, 2004 meeting and voted to recommend disapproval of the proposed R-4 zoning but did not recommend an alternative. Staff believes the demonstrable impacts of development will be offset by the higher level of review that is required because this property lies within the Bridger Canyon entryway corridor. Three letters have been received by staff and were included in the Commission packets. In response to Commissioner Kirchhoff, the Associate Planner noted this parcel could accommodate roughly 10 to 14 single-bedroom units. Gene Cook, applicant, stated that, at this time, they are planning 10 to 12 townhouse units, priced at an affordable level. He said that, in their judgement, it makes good economic sense to use this property as a transitional area from the nice homes to the east to the commercial development to the west. If they are limited to one or two homes, it would be cost prohibitive. He recognized the neighbors' objections to higher density, saying he can appreciate their concern. Tess Moore, 1309 Hillside Lane, reminded the Commissioners that this area is predominantly single- family homes on one acre and asked that this area remain single-family homes. Paul Griffin, 1205 Hillside Lane, stated this is a quiet neighborhood with lots of wildlife; and he believes three or four little houses on this parcel would be fine, but not multi-family residences. Ed McCrone, 2150 South Story Mill Road, voiced his willingness to work with the applicant regarding the access dispute and suggested it would be nice if all the property owners could work together to find alternatives that could make this area an amenity for Bozeman. Tom Moore, 1309 Hillside Lane, pointed out that the property owners bought this property with its current zoning designation; and they knew what would be permitted on the property. He suggested the transition point should be Story Mill Road, with this area being reserved for single-family dwellings. Dave Sovulewski agreed with others that R-4 zoning on this property is excessive and incompatible with the zoning of adjacent properties. Joe Gunter, 1118 Bridger Drive, resubmitted his letter for consideration on this matter, as well. Paul Vanorden, 1211 Hillside Lane, stated there is no reason to change the zoning on this property. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Associate Planner Saunders, responding to Commissioner Hietala, noted the minimum allowable area per unit is 5,000 square feet in an R-1 zoned area. Attached multi-homes require 3,000 square feet each. R-3 allows no more than four dwellings in a single structure, and R-4 would allow an unlimited number of dwellings in a single structure. Decision Commissioner Hietala stated his agreement that some form of dense housing on this property would provide a good transitional area. This is an infill situation, which the City promotes, and he is in favor of some form of dense housing development. 1 0-11-04 - ....-...-.-..-...---.-.------ .-...--.-.... ...-...". ------.-...... - 8 - Commissioner Krauss agreed that the City does promote infill, but not at the cost of changing a neighborhood. R-4 zoning is too dense for this location; and, while he is open to suggestions, he will not approve R-4 zoning for this parcel. Commissioner Youngman stated she believes multi-family is appropriate here, but she is uncomfortable with R-4 zoning in this area and suggested R-3 as an alternative. Commissioner Kirchhoff said he, too, is reluctant to approve multi-family housing in this area, adding that the Zoning Commission did not provide a suggestion as to a substitute for the requested R-4 zoning. He said he feels this is where rural living begins and low density is needed in this area. Commissioner Kirchhoff stated, that in this case, he agrees with the Zoning Commission and the overwhelmingly negative testimony that R-4 is not appropriate in this area, particularly since there is no shortage of high-density lots within the city. Commissioner Krauss suggested a compromise of R-2 zoning, which would allow duplexes, while restricting building height. Mayor Cetraro voiced his support for R-2 zoning. Commissioner Youngman agreed with the change to R-2 zoning but reminded the Commissioners that they cannot keep denying R-3 and R-4 zoning, which are necessary to create a reasonable mix of uses. It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that an initial municipal zoning designation of "R-2", Residential- Two-Household, Medium-density on 1.6039 acres described as Tract 1, Certificate of Survey No. 1895, be initially approved; and that staff be directed to bring back an ordinance enacting the zoning designation upon completion of the annexation process. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, and Mayor Cetraro; those voting No, none. Certificate of Appropriateness - to allow demolition of lean-to shed addition to existina detached aaraae. construction of two-story detached aaraae with second floor. 600-sauare-foot accessory dwellina unit. addition to second floor aable dormer on existina house's north elevation. and construction of 5 to 6-foot-hiah fence alona north property line. with deviations to allow new construction to encroach 2 feet into reauired 5-foot setback alona north property line -Intrinsik for Jack and Jane Jelinski. 433 North Tracy Avenue (Z-04232) This was the time and place set for the public hearing on the Certificate of Appropriateness requested by Intrinsik for Jack and Jane Jelinski under Application No. Z-04232, to allow demolition of a lean-to shed addition to an eXisting detached garage, construction of a two-story detached garage with second floor, 600-square-foot accessory dwelling unit, addition of a second floor gable dormer on the house's north elevation on Lots 3, 4 and 5, Block 2, Beall's Third Addition, and construction of a 5-foot to 6-foot-high fence along the north property line, with deviations from Section 18.16.050 of the Bozeman Municipal Code to allow the new construction to encroach 2 feet into the required 5-foot side yard setback along the north property line. The subject property is located at 433 North Tracy Avenue. Public hearing Mayor Cetraro opened the public hearing. Historic Preservation Planner Bristor presented the staff report, noting staff recommends conditional approval, as the requested deviation is historically appropriate. Staff has reviewed this application in light of the applicable criteria and the comprehensive findings can be found in the written staff report. No public comment has been received. Mary Kay Minor, 439 North Tracy Avenue, stated she is 100 percent in favor of this application; and she is happy with the plans, as presented. No one was present to speak in opposition to this application. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. 1 0-11-04 ...-.-..-..------- ..-...---...---- --..- ._u__....._..___._.... - 9- Decision It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the Certificate of Appropriateness requested by Intrinsik for Jack and Jane Jelinski under Application No. Z-04232, to allow demolition of a lean-to shed addition to an existing detached garage, construction of a two-story detached garage with second floor, 600-square-foot accessory dwelling unit, addition of a second floor gable dormer on the house's north elevation on Lots 3, 4 and 5, Block 2, Beall's Third Addition, and construction of a 5- foot to 6-foot-high fence along the north property line, with deviations from Section 18.16.050 of the Bozeman Municipal Code to allow the new construction to encroach 2 feet into the required 5-foot side yard setback along the north property line, be approved subject to the following conditions: 1. The applicant shall provide a floor plan of the existing residence for final review and approval by Administrative Design Review Staff. 2. The applicant shall provide a color and materials palette for final design review and approval by Administrative Design Review Staff. 3. The applicant shall obtain a building permit and pay all required fees prior to construction, and within one year of Certificate of Appropriateness approval, or this approval shall become null and void. 4. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness with deviations application. Any modifications to the submitted and approved drawings shall invalidate the project's approval unless the applicant submits the proposed modifications for review and approval by the Department of Planning prior to undertaking said modifications, as required by Section 18.64.110 of the Bozeman Municipal Code. 5. All code provisions shall be met, the following provisions in particular: . Per Section 18.38.050.E, "Accessory Buildings, Uses and Equipment," no accessory building shall exceed the height or footprint of the principal building. . Per Section 18.42.130, "Fences, Walls and Hedges," all new fences shall have only one elevation "finished" side out (defined as not having its supporting members significantly visible to adjacent properties ). . Per Section 18.46.020.F, "Surfacing," all areas intended to be utilized for permanent parking spaces and driveways shall be paved with concrete or asphaltic concrete, or approved pavers, to control dust and drainage. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, and Mayor Cetraro; those voting No, none. Break 8:35 - 8:45 om May Cetraro declared a break from 8:35 pm until 8:45 pm in accordance with Commission policy. Certificate of Aoorooriateness - to allow lawful establishment of an existina basement aoartment. with a deviation to allow two-household residential use on lot that is 15 feet less than the reauired 60-foot width - Eric Matthews. 613 West Babcock Street (Z-04233) This was the time and place set for the public hearing on the Certificate of Appropriateness requested by Eric Matthews under Application No. Z-04233, to allow the lawful establishment of an existing basement apartment on the East one-half of Lot 27 and all of Lot 28, Block E, Story's Addition, with a 1 0-11-04 ..-...---.... - -.----..---... ..-....---- ___.._._..___n__.__..._ - 10- deviation from Section 18.16.040 of the Bozeman Municipal Code, to allow a two-household residential use on a lot that is 15 feet narrower than the required 60-foot width. The subject property is located at 613 West Babcock Street. Public hearing Mayor Cetraro opened the public hearing. Historic Preservation Planner Bristor presented the staff report and noted this application is to legalize an existing basement apartment, which was unlawfully established in 1985. Staff has reviewed this application in light of the applicable criteria and recommends conditional approval. Staff's comprehensive findings can be found in the written staff report. No public comment has been received. No one was present to speak in opposition to this requested Certificate of Appropriateness. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the Certificate of Appropriateness requested by Eric Matthews under Application No. Z-04233, to allow the lawful establishment of an existing basement apartment on the East one-half of Lot 27 and all of Lot 28, Block E, Story's Addition, with a deviation from Section 18.16.040 of the Bozeman Municipal Code, to allow a two-household residential use on a lot that is 15 feet narrower than the required 60-foot width, be approved subject to the following conditions: 1. The applicant shall entirely enclose the closet space in the second-floor bedroom/office (as depicted in the submitted materials). The applicant shall schedule a building inspection with Bozeman Code Enforcement Officer Hasler, to confirm the closet enclosure prior to the legal establishment of the second dwelling unit. Ms. Hasler may be reached by phone at 406-582-2260. 2. The Bozeman Water/Sewer Department requires separate sewer services for each building and connections to the main. The existing garage on site has a sewer service that was established without the knowledge of the Sewer and/or Building Departments and was not inspected. Therefore, the applicant shall be required to pull out the existing sewer service between the garage and house. The service shall be redirected to the main in West Babcock Avenue. The applicant shall pay all applicable fees affiliated with the change in sewer lines. Since the service from the garage to the house was never inspected, the applicant shall confer with the Building Department to see if the service will need to be dug up for inspection. 3. The applicant shall obtain a building permit and pay all required fees prior to construction, and within one year of Certificate of Appropriateness approval, or this approval shall become null and void. 4. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness with one deviation application. Any modifications to the submitted and approved drawings shall invalidate the project's approval unless the applicant submits the proposed modifications for review and approval by the Department of Planning prior to undertaking said modifications, as required by Section 18.64.110 of the Bozeman Municipal Code. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, and Mayor Cetraro; those voting No, none. Conditional Use Permit for Planned Unit Development with Certificate of Appropriateness - to allow :t17.7 acres to be developed as a larae scale retail buildina materials facilitv. consistina of a 56.610- 1 0-11-04 ..---- - 11 - sQuare-foot larae scale retail structure for retail display and sales area. office space and warehousina: a 33.220-sQuare-foot larae scale retail structure for drive-throuah pickup area: and 148.949-sauare-foot outdoor sales areas and outdoor storaae area. with relaxations to increase the area occupied bY outdoor sales and storaae to 135 percent of the total sauare footaae of the retail buildina(s). to increase the allowable commercial drive access width to 50 feet. to decrease the minimum number of reauired parking spaces to 208. and to allow two freestandina sians per zoned lot - CT A Desianworks representina Kenyon Noble for Jerrv Perkins/Peter K. Nelson (northwest corner of intersection of West Oak Street and North 11th Avenue) (Z-04230) This was the time and place set for the public hearing on the Conditional Use Permit for a Planned Unit Development with a Certificate of Appropriateness, as requested by CT A Designworks representing applicant Kenyon Noble for landowners Jerry Perkins and Peter K. Nelson under Application No. 2-04230, to allow :t17.7 acres described as Tract 3A, Certificate of Survey No. 1215F, to be developed as a large scale retail building materials facility, consisting of a 56,61 O-square-foot large scale retail structure for retail display and sales area, office space and warehousing; a 33,220-square-foot large scale retail structure for drive-through pickup area; and 148,949-square-foot outdoor sales areas and outdoor storage area, with the following relaxations: from Section 18.40.180.B.2., Bozeman Municipal Code, to increase the area occupied by outdoor sales and storage to 135 percent of the total square footage of the retail building(s); from Section 18.44.090.C.2.b.(1), to increase the allowable commercial drive access width to 50 feet; from Section 18.46.040.B.1., to decrease the minimum number of required parking spaces to 208; and from Section 18.52.060.A.1., and to allow two freestanding signs per zoned lot. The subject property is located at the northwest corner of the intersection of West Oak Street and North 11th Avenue. Public hearing Mayor Cetraro opened the public hearing. Planning Director Epple reviewed the staff report, noting four relaxations are being requested. Staff has concerns regarding the character of the warehouse building and wants more design elements included on the north side of both buildings. The Planning Director added that staff does not support the extra warehouse and storage area unless a condition is added to increase the size of the north yard setback to 25 feet, with landscaping similar to that required for the Oak Street entryway corridor, and adding a substantial screening fence on the northern boundary. Staff has reviewed this application in light of the applicable criteria and recommends conditional approval. Staff's comprehensive findings can be found in the written staff report. The Director of Public Service has approved the requested relaxation to allow a 50- foot commercial drive access. Scott Bechtle, CT A Architects, stated it is important for the design team and the owners to create a beautiful large-scale retail facility, which doesn't appear as a big box store. The major emphasis will be in showcasing Kenyon Noble's products; and it is key to integrate the building into the landscape, with lots of open space. Kenyon Noble has been in business in Bozeman for over 100 years, and this project reinforces the Ogles' commitment to doing business in this community. Mr. Bechtle pointed out the most important and critical of the requested relaxations is the one to allow an increase in the area to be occupied by outdoor sales and storage to 119 percent of the total square footage of the retail buildings at full build out. Candace Mastel, CTA Architects, noted the site layout responds to the applicants' need for wholesale and contractor use and will be bounded on four sides by city-standard streets, having been designed to allow easy access for customers, while taking into consideration possible effects on other uses. The drive-through access is critical to the Kenyon Noble operation, allowing customers to enter from North 11th Avenue and exit onto North 14th Avenue. The landscaping plan is being modified and expanded in response to Design Review Board and Planning Department suggestions to meet residential landscaping requirements in order to gain points for open space. Ms. Mastel requested Commission approval of the requested signage relaxation to allow a second monument sign per zoned lot, which was approved by the Design Review Board; but Planning staff recommends denial unless the total permitted signage is reduced to under 200 square feet. Neal Ainsworth, Gallatin Valley Real Estate, stated he was in the process of finalizing the plans for buildings D and E on the Tange property on Oak Street, until he found out a lumber yard was being proposed for the site next door. It is of grave concern to him to continue his building plans when a lumber yard doesn't blend in with the motif of this area, which is not an industrial site. While the building design 1 0-11-04 - 12 - is outstanding, an outdoor storage facility is not appropriate next to an award-winning development. If this application is approved, he will not continue his office building project. Greg Allen, representing the Tange family, said this planned unit development does not fit with the approved projects in this area, none of which include industrial development, such as a lumber yard. The Tanges welcome the Ogles' retail building, which is gorgeous, as long as the outside storage yard is omitted. This proposal is the improper use of a PUD, and it shouldn't be used to degrade this property. Mr. Allen questioned what will happen with the remainder of this land once 17 acres is developed as an industrial use. Carl Solvie, 1901 South Tracy Avenue and manager of Best Western GranTree Inn, said he supports this project, characterizing it as a welcome addition to the neighborhood. Dave Hutchinson, 3075 Reserve Street, Missoula, stated he developed the Bridger Peaks Town Center; and he has now entered into a contract with Jerry Perkins to put a planned unit development on all remaining property after this 17 acres is sold to Kenyon Noble. They feel the Ogles' team has done a masterful job, and they are fully supportive of this project. Lowell Springer, 3207 Augusta Drive, voiced his support of this project, saying this is an excellent mixed use of a commercial area and a quality building and landscaping plan. Mike Gaffke, 16 Buckhorn Trail, urged the Commission to support this project, noting Kenyon Noble has a proven reputation in this community; and the local businesses need to be supported. Chuck Lorenz, general manager of Kenyon Noble, stated this facility will allow them to better service this community, which is rapidly growing. They have been in business for 116 years because they are good neighbors, and no one is more concerned with this community than the Ogles. Don Stueck, representing Martel Construction, said the Ogles told them that they wanted to build a project that would showcase them as leaders in the community, in competition with big box stores. The Ogles were guided to this location by Planning staff, and they have met all entryway corridor guidelines. The Martels encourage Commission support of this project and the requested relaxations. Rick Ogle, 210 East Lincoln Street, thanked the Commission for its consideration, saying they believe they have tried to do this process the right way from the very beginning, including asking Planning staff's opinion of four possible locations. The outside storage yard is crucial to their business's ability to compete with the big box stores, and they have a proven formula that works at their Belgrade location. He asked the Commission to treat them fairly, like they did Home Depot. City Manager Kukulski stated that this is an organization that has been in business for over 100 years in this community that now wants to make the commitment to take on the two largest retailers in the country. For the Commission to try to move this project forward should be an honor. In response to Mayor Cetraro's request, the Planning Director reviewed the four requested relaxations, repeating that given the size and scale of the outdoor sales and storage area, staff feels there should be a 25-foot setback, which is landscaped heavily, along the north side. Mr. Bechtle noted that does not work for the applicant because that setback cannot be included in the open space calculation. Chris Ogle added that space is needed for backstock, so they will not have to frequently restock. In answer to Commissioner Krauss's inquiry, Planning Director Epple said the Commission can entertain Oak Street setbacks of 10, 12, or 15 feet, but staff feels 25 feet is the standard commercial front- yard setback. Commissioner Kirchhoff stated this seems like an appropriate site for this project because of the way it has been designed and the fact that it is bounded on all four sides by streets, which provides protection for the contiguous landowners. He appreciates the reduced parking because it will not create a sea of parking in front of the building. Commissioner Kirchhoff voiced his support of this application, including the granting of the four requested relaxations, because of the excellence of the final product and the accrual of points for superior design. 1 0-11-04 .-....----.--..-.-- .......---.--- - 13 - Commissioner Krauss noted this project is different than what the other landowners expected to have on this property, but this is an ancient business that will now be allowed to compete with the retailers that local businesses aren't usually able to compete with very well. The city will be getting an outstanding building on Oak Street that is far superior to anything on the entryway corridor. He supports this application, with some modifications of staff recommendations, because of the high design and the willingness of this company to compete in this market. Commissioner Krauss suggested backing up the 8-foot fence on the north side by five or ten feet and landscaping it better. Mr. Stueck pointed out that on the revised landscaping plan, rather than a 25-foot setback on the north, the architects have proposed jogging the fence and planting big trees in the jogs to break it up and provide a buffer. Mayor Cetraro agreed with Commissioner Krauss's comments, saying he feels comfortable with granting the relaxations, as requested. Commissioner Hietala also concurred with Commissioner comments made so far, stating he is comfortable with the plan; and he is happy to accommodate local business expansion. City Manager Kukulski cautioned the Commission that there will be other requests to approve deviations for the outside storage area in the future. In addition to the beauty of this structure, the landscaping must offer an addition to the building design to create something that can be pointed to in the future when considering other projects. Planning Director Epple suggested a change to condition number two, which would indicate that the north setback should be landscaped in the manner presented by CT A Architects, on October 11 th, on the revised landscaping plan, to provide for the fence offsets and extra landscaping. He further suggested a change to condition number three to require that the sign plan does not exceed 400 square feet and must be approved by Administrative Design Review staff or the Development Review Committee. Commissioner Youngman pointed out the signs cannot be seen from across the site because they aren't tall, so to have two signs on property with four frontages is acceptable because of the topographical constraints. She then noted that condition number 15 should be deleted; the Planning Director agreed. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the Conditional Use Permit for a Planned Unit Development with a Certificate of Appropriateness, as requested by CT A Designworks representing applicant Kenyon Noble for landowners Jerry Perkins and Peter K. Nelson under Application No. Z-04230, to allow :!::17.7 acres described as Tract 3A, Certificate of Survey No. 1215F, to be developed as a large scale retail building materials facility, consisting of a 56,61 O-square-foot large scale retail structure for retail display and sales area, office space and warehousing; a 33,220-square-foot large scale retail structure for drive-through pickup area; and 148,949-square-foot outdoor sales areas and outdoor storage area, with the following relaxations: to increase the area occupied by outdoor sales and storage to 135 percent of the total square footage of the retail building(s); to increase the allowable commercial drive access width to 50 feet; to decrease the minimum number of required parking spaces to 208; and to allow two freestanding signs per zoned lot, be approved subject to the following conditions: 1. The outdoor storage fence shall be a minimum of eight feet. 2. Four offsets of at least 15 feet by 20 feet shall be created in the fence on the north side of the property and shall be landscaped with large evergreen trees and planter beds. 3. The total permitted signage shall not exceed 400 square feet; and two low profile, freestanding signs shall be permitted, but only one may be located on the Oak Street frontage, subject to ADR review and approval. 1 0-11-04 - 14 - 4. Executed waivers of right to protest creation of special improvement districts (SIDs) for a park maintenance district shall be filed and of record with the Gallatin County Clerk and Recorder prior to final plan approval. A copy of the filed documents shall be submitted with the final plan. 5. Water rights, or cash-in-lieu thereof, shall be provided and paid for prior to final plan approval. The amount of water rights required will be determined by the Director of Public Service based on the proposed final plan. 6. Applicant's Table 1 shall be expanded to list gross square footage, easements/ rights-of-way, and open space and shall be included on the site plan. 7. The final site plan shall depict the north elevation of the main large scale retail structure with additional architectural detailing including, but not limited to, additional fenestration, repetition of materials used on other elevations such as board and batten, offsets, entry definition, and other features that break up the mass and ensure no single uninterrupted length of facade in excess of 1 00 feet. Said revisions are subject to review and approval by Administrative Design Review Staff. 8. The final site plan shall include a redesign of the secondary large scale retail structure with additional architectural detailing including but not limited to fenestration such as clerestory windows, use of a monitor roof, repetition of materials used on the main structure, offsets, and other features that ensure no single uninterrupted length of facade in excess of 100 feet. Said revisions are subject to review and approval by Administrative Design Review Staff. 9. The final site plan shall depict the roof of the secondary large scale retail structure with additional features such as skylights, solar panels, cupolas, or dormers that break up the monotony and mass. 10. Applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of SIDs for the following: a. Street improvements to West Oak Street including, but not limited to, paving, curb/gutter, sidewalk, and storm drainage (unless currently filed with the property). b. Signalization of the intersection of West Oak and North 14th Avenue. c. Signalization of the intersection of West Oak Street and North 11 th Avenue. d. Signalization of the intersection of West Oak Street and North 15th Avenue. e. Intersection improvements at West Oak Street and North 7th Avenue. 11. A traffic control plan, which addresses ingress and egress of construction related traffic to the site, shall be submitted for review and approval to the City and Montana Department of Transportation. This should stipulate access points to be used, any traffic control signing needed, and address mitigation for drag on of material (i.e. mud, rocks, etc.) onto existing streets. In addition, all standards outlined in Bozeman Unified Development Ordinance Section 18.74.020.A shall be followed. 12. The north side of West Oak Street shall be widened from North 11 th A venue to the west boundary of this subdivision to one half of the one half of the ultimate width (78 feet back of curb to back of curb). This will also include tapers meeting AASHTO requirements to transition back to existing road width on the west end. 13. The southern half (30 feet) of the public street right of way for what is referred to as "OP Street" and the eastern half (30 feet) of North 14th Avenue shall be dedicated to the City prior to final site plan approval. 1 0-11 -04 ----...--..------ .---.....--.. - 15 - 14. The applicant is advised that OP Street and North 14th Avenue shall be improved, as part of this development, to one half of a local street standard as shown in the Greater Bozeman Area Transportation Plan 2001 Update. Also, 12 feet of pavement for the opposing lane of travel shall be provided. City standard sidewalk, curb, and gutter will be required in the standard location on the sides of the street that are adjacent to the developing property. 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. Break - 9:55 to 10:10 Dm Mayor Cetraro declared a break from 9:55 pm until 1 0: 10 pm in accordance with Commission policy. Conditional Use Permit with Certificate of ADDroDriateness - to allow construction of 37 .OOO-sauare- foot solid waste transfer station and accessory buildinas - SDrinaer GrouD Architects and Allied Enaineerina for the City of Bozeman (Red Wina Drive at the extension of Wheat Drive) (Z-04229) This was the time and place set for the public hearing on the Conditional Use Permit with Certificate of Appropriateness requested by Springer Group Architects and Allied Engineering for the City of Bozeman under Application No. Z-04229, to allow the construction of a 37 ,OOO-square-foot solid waste transfer station and accessory buildings on Tracts 4A and B, Certificate of Survey No. 2153. The subject property is located between the North 7th Avenue interchange and the North 19th Avenue interchange, east of Interstate 90 and south of US Highway 10 and Red Wing Drive. Public hearing Mayor Cetraro opened the public hearing. Associate Planner Morris presented the staff report, noting access will be provided from Wheat Drive, which will be extended to this site. This application has been reviewed by the Design Review Board on two separate occasions. One letter of opposition has been received by staff and was included in the Commission packets. Scott Smith, Allied Engineering, stated communications have taken place with Montana Rail Link, and preliminary discussions indicate this site is feasible for a potential rail spur. A wastewater system will be developed so that any water that comes in contact with waste will be run through a drain system to a holding tank and sampling vault before being released to the Wastewater Treatment Plant. Lowell Springer, Springer Architects, pointed out the lowest elevation of this parcel lends itself to accessing trucks to the loading area, while minimizing the height of the building. All views of this site, other than the overpass one, will be diminished because of the height of the railroad track and the berming, coupled with the contour of the land. The roundness of the roof will help this transfer station to blend into the topography, and the blue color of the roof blends with the sky and mountain hues. Mr. Springer said he has talked with the neighbors, and they seem to be more appeased than it was originally thought they might be. Carolyn Rogers, 1523 Manley Road, stated her concern is for the neighbors. She requested good landscaping blockage and increased landscaping, particularly trees, good sound blockage, and reduced building height. Dustin Johnson, project engineer, responded that noise pollution will be addressed by virtue of the fact that this facility will be totally enclosed, which will also reduce the odor. He added there will be very little impact to Frontage Road when this station is operational. Director of Public Service Arkell distributed a memo on transfer station cost comparisons, prepared by SCS Engineering, between the contemplated sites on Love Lane, Griffin Drive, the current landfill, and the Mandeville farm. 1 0-11-04 ...- ..-.....-.---.- --.---.--- ----- -...-.. ......-- ..u.. "....._ .._no._...",.. - 16- Responding to Commissioner Youngman, Mr. Springer stated that this site is one of only two M-2 zoned appropriate sites, with the Idaho Pole site being the other, but it is still "brown". The proposed sites went through rigorous evaluations, and this site came out way above the other sites. Mr. Springer acknowledged that concerns have been raised regarding the use of the rest of this site; and it will be master planned soon, but will most likely include the shop complex. Commissioner Krauss stated use of this land needs to be maximized to help defray the costs, suggesting efficiently using this resource would include a project that will justify a rail spur in the future. City Manager Kukulski agreed, saying a high-quality industrial park, which would create high-paying jobs for the community, would be a real asset. Commissioner Hietala questioned the costs of the street improvements and was told those costs include intersection upgrades and 3,000 linear feet of road, paving, curb, and gutter. Commissioner Youngman suggested the use of recyclables as much as possible, saying use of anything green would help make this a model building that the community can be proud of. Following discussion, Commissioner Hietala exercised his right to delay the decision on this item for one week. The Commissioners provided staff, architects, and engineers with questions they would like answered next week, if possible. Commission Resolution No. 3740 - creatina SID No. 675. improvements to North 19th Avenue from Baxter Lane to Valley Center Road Commission Resolution No. 3737 - creatina SID No. 676. improvements to Valley Center Road from North 19th Avenue to iust west of North 27th Ayenue Commission Resolution No. 3738 - creatina SID No. 677. improvements to traffic sianal at intersection of North 19th Avenue and Valley Center Road Commission Resolution No. 3739 - creatina SID No. 678. installation of traffic sianal at intersection of North 19th Avenue and Cattail Street Included in the Commissioners' packets were copies of Commission Resolution Nos. 3740, 3737, 3738, and 3739 entitled: COMMISSION RESOLUTION NO. 3740 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. COMMISSION RESOLUTION NO. 3737 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. 1 0-11-04 - 17 - COMMISSION RESOLUTION NO. 3738 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 BY THE CITY'S SPECIAL IMPROVEMENT DISTRICT REVOLVING FUND AND ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE. COMMISSION RESOLUTION NO. 3739 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 THROU'GH 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. City Manager Kukulski requested that action on these resolutions be tabled indefinitely. It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that action on Commission Resolution Nos. 3740, 3737, 3738, and 3739, creating Special Improvement District Nos. 675, 676, 677, and 678, for improvements to North 19th Avenue and Valley Center Road corridors, be tabled indefinitely. 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 being Commissioner Kirchhoff. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1 ) Two e-mail messages from the Superintendent of Schools forwarding information on a bomb threat at the Bozeman High School. (2) Letter from Sharon Eversman, 1402 Cherry Drive, dated October 3, voicing support for retaining Soroptimist Park. (3) Copy of the advertisement announcing that the City is accepting submittals for revisions to the Unified Development Ordinance by the deadline, which is set for 5:00 pm on Friday, October 15. (4) Copy of the notice for fall cleanup at Sunset Hills Cemetery, asking that all artificial flowers, wreaths, and containers be removed by October 17. (5) Agenda for the School District NO.7 Board of Trustees meeting set for 7:00 pm on Monday, October 11, at the Willson School. (6) Agenda for the County Commission meeting to be held at 9:00 am on Tuesday, October 12, at the Courthouse. (7) Agenda for the Development Review Committee meeting to be held at 10:00 am on Wednesday, October 13, at the Professional Building. (8) Agenda for the Design Review Board meeting to be held at 3:30 pm on Wednesday, October 13, at the Professional Building. 1 0-11-04 --.--.-------- --- -.--.-...---...-.-...-.--.- .- ..--.--.-..--...-. .....-".-- .. ... .-. .....-- ... ...-..-....- - - ---..... - 18- During his FYI, City Manager Kukulski noted the following: 1) He will be attending the ICMA conference next week. 2) The Commission meeting for next week will start with an executive session at 5:30 pm, following by the regular meeting at 6:00 pm. Planning Director Epple offered the following FYI item: Planning staff will be receiving a revised sketch plan for aT own and Country neighborhood marketplace on the corner of South 3rd Avenue and Kagy Boulevard. Commissioner Hietala, during his FYI, noted that: He received a phone call from Dan Triemstra, who wants the following three things changed on Baxter lane: the asphalt widened to six feet, low-roll curbs, and the curb bulbs removed. Adiournment -12:02 a.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, an ayor Cetraro; those voting No, none. AN ATTEST: ~~~ R IN L. SULLIVAN Clerk of the Commission PREPARED BY: ~1~~ EN L. Del Deputy Clerk of the Commission 1 0-11-04 ---.---.---...- . ..... ---- ....-...--