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HomeMy WebLinkAbout2004-10-04 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA October 4, 2004 ***************************** The Commission ofthe City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, October 4,2004, 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, Assistant City Manager Ron Brey, Director of Public Service Debbie Arkell, Acting City Attorney Tim Cooper, and Deputy Clerk of the Commission Karen DeLathower. The meeting was opened with the Pledge of Allegiance and a moment of silence. Minutes - September 27 and September 27 work session. 2004 It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the minutes of the meetings of September 27 and September 27 work session, 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. 3729 - intent to create Special Improvement Liahtina District (SILD) No. 681 - Alder Creek Subdivision. Phases 1 and 2: set Dublic hearina for November 1. 2004 COMMISSION RESOLUTION NO. 3729 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 681 (ALDER CREEK SUBDIVISION, PHASES 1 AND 2) DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF INSTALLING AND MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR INSTALLATION, OWNERSHIP, MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT. Commission Resolution No. 3730 - intent to create Special Improvement Liahtina District (SILD) No. 682 - Laurel Glen Subdivision. Phase 1: set public hearina for November 1. 2004 COMMISSION RESOLUTION NO. 3730 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 682 (LAUREL GLEN SUBDIVISION, PHASE 1) DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF INSTALLING AND MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR INSTALLATION, OWNERSHIP, MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT. Commission Resolution No. 3731 - establishina rates for water charaes. effective on the November 1. 2004 billina 1 0-04-04 -------.- ---.---- - 2 - COMMISSION RESOLUTION NO. 3731 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING RATES FOR WATER CHARGES FOR THE CITY OF BOZEMAN. Commission Resolution No. 3732 - establishina rates for wastewater (sewer) charges. effective on the November 1. 2004 billina COMMISSION RESOLUTION NO. 3732 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING RATES FOR WASTEWATER (SEWER) SERVICE AND SURCHARGE ON WASTEWATER (SEWER) SERVICE FOR THE CITY OF BOZEMAN. Commission Resolution No. 3733 . levyina and assessina special assessments for business improvement district for Fiscal Year 2005: provisionallY adopt and set public hearina for October 18. 2004 COMMISSION RESOLUTION NO. 3733 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2005 UPON ALL REAL PROPERTY IN THE BUSINESS IMPROVEMENT DISTRICT, LOCATED IN THE CITY OF BOZEMAN'S DOWNTOWN AREA, TO DEFRAY THE ESTIMATED COST AND EXPENSE TO BE INCURRED IN THE BUSINESS IMPROVEMENT DISTRICT FOR THE FISCAL YEAR. Approve settina of interest rate for internal loan for 2003 Sidewalk Proaram at 2.5 percent Commission Resolution No. 3734 -Iewing and assessina special assessments for the 2003 Sidewalk Proaram COMMISSION RESOLUTION NO. 3734 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AN ASSESSMENT AND TAX AGAINST EACH LOT OR PARCEL OF LAND IN FRONT OF WHICH SIDEWALKS, CURBS, GUTTERS, AND ALLEY APPROACHES OR ANY COMBINATION THEREOF HAVE BEEN CONSTRUCTED UNDER ORDER OF CITY COMMISSION DATED MAY 12, 2003, FOR THE 2003 SIDEWALK PROGRAM, TO DEFRAY THE COST OF CONSTRUCTION OF SAID SIDEWALKS, CURBS, GUTTERS AND ALLEY APPROACHES OR ANY COMBINATION THEREOF. Authorize Mayor to sian. Amendment No.1 to Section 7 of the Aareement between the City of Bozeman and Citv Manaaer Kukulski. dated June 28. 2004 Authorize Mayor to sian - Findinas of Fact and Order for Foxtail Subdivision - resubdivide t1.48 acres to allow 8 of 10 existina lots to be subdivided and realianed into 12 sinale-household lots. for a total of 14 sinale-familY lots lIying alona both sides of Foxtail Avenue immediately south of Catron Street) Authorize City Manaaer to sian . Lease with Jill Miller for the house at the Water Treatment Plant. 7022 Sourdouah Canyon Road Authorize City Manaaer to sian. Acceptance of Public Access Easement from Binh Ly. strip across Lot 1. Block 2. Cattail Creek Subdivision. Phase I (northeast corner of intersection of Catron Street and Warbler Way) Authorize City Manaaer to sian. Acceptance of Water Pipeline and Access Easement and Aareement from Binh Ly - 20 to 30-foot-wide strip across Lot 1. Block 2. 1 0-04-04 - 3 - Cattail Creek Subdivision. Phase I (northeast corner of intersection of Catron Street and Warbler Way) 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. Public comment Michael Dunn, 1419 South Church Avenue, requested the Commission send a representative to the County Commission meeting Tuesday on behalf of the city and himself, regarding the floodplain appeal for NorthWestern Energy, to protect the interests of the citizens of the city and to protect the future right-of-way of Lincoln Street. Ben Dirks, 1712 West Olive Street, #44, expressed his concern with the 30-bed convict reentry program that the County is proposing for a site north of the jail. He questioned why the City did not inform the neighbors of this proposal, and why the City has not protected their interests. His fears are for the safety of the neighborhood and the safety of the community's children. City Manager Kukulski responded that the City is being informed at the same rate as the residents and has received no official notification from the County. This proposal was passed without County consultation with the City. He assured the Commission and Mr. Dirks that he will call the County in the morning and find out where this proposal is in the process. Commissioner Youngman requested that the Commission also be informed as to why there was no consultation with the City on an issue of this magnitude. Conditional Use Permit with Certificate of ADDroDriateness to allow re-use of existina buildina as a restaurant servina beer and wine for on-Dremise consumDtion. construction of a 359-sQuare-foot addition. and construction of a 900-sauare-foot outdoor Datio area. with deviations - Tavlor Hanson Kane Architects reDresentina Andv Hassanali for Yvonne Arrinaton CTsavo Cafe. 622 West Mendenhall Street) (Z-04186) This was the time and place set for the continued public hearing on the Conditional Use Permit and Certificate of Appropriateness requested by Taylor Hanson Kane Architects representing Andy Hassanali for Yvonne Arrington under Application No. Z-04186, to allow re-use of the existing building on Lots 29 through 32, Block E, Tracy's Addition, as a restaurant serving beer and wine for on-premise consumption, construction of a 359-square-foot addition, and construction of a 900-square-foot outdoor patio area, with deviations from Section 18.46.040, Bozeman Municipal Code, to allow up to 8 parking spaces less than required; from Section 18.18.050, to allow the outdoor patio to encroach approximately 20 feet into the required 25-foot setback along West Mendenhall Street; and from Section 18.18.050, to allow the new addition and parking to encroach approximately 9 feet into the required 25-foot setback along North 7th Avenue. The subject property is located at 622 West Mendenhall Street. Public hearing Mayor Cetraro reopened the public hearing, which had been initially opened at the September 7 Commission meeting and continued to this time per the applicant's request. Assistant Planner Kozub presented the staff report, noting the applicant is requesting three deviations for site improvements. She acknowledged that 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. 1 0-04-04 ....-..----.--. ----. .___n___ - 4 - Andy Hassanali, applicant, requested the Commission's approval of this project so he can continue his livelihood. No one was present to speak in opposition to this Conditional Use Permit and Certificate of Appropriateness application. 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 and Certificate of Appropriateness requested by Taylor Hanson Kane Architects representing Andy Hassanali for Yvonne Arrington under Application No. Z-04186, to allow re-use of the existing building on Lots 29 through 32, Block E, Tracy's Addition, as a restaurant serving beer and wine for on-premise consumption, construction of a 359-square-foot addition, and construction of a 900-square-foot outdoor patio area, with deviations from Section 18.46.040, Bozeman Municipal Code, to allow up to 8 parking spaces less than required; from Section 18.18.050, to allow the outdoor patio to encroach approximately 20 feet into the required 25-foot setback along West Mendenhall Street; and from Section 18.18.050, to allow the new addition and parking to encroach approximately 9 feet into the required 25-foot setback along North 7th Avenue, be approved subject to the following conditions: 1. The applicant shall provide a color palette and sample materials board for review and approval by Administrative Design Review staff prior to final site plan approval; 2. The final site plan shall include all four elevations; 3. The final site plan must depict the required street vision triangles for intersections and driveways; 4. The final landscape plan shall include the exact location and type of proposed landscaping; 5. The applicant shall obtain a City of Bozeman Beer and Wine License and provide the Planning Department with a copy of the license prior to final approval; 6. The applicant shall obtain a State Revenue Department On-Premise Beer and Wine License and provide the Planning Department with a copy of the license prior final approval; 7. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure; 8. That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval, or commencement of the conditional use; 9. The final site plan shall be adequately dimensioned. A complete legend of all line types used shall also be provided; 10. A Stormwater Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease, and other pollutants must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient spot elevations), storm water detention/retention basin details (including basin sizing and discharge calculations, and discharge structure details), stormwater discharge destination, and a stormwater maintenance plan; 1 0-04-04 - --.-.-.-.- - 5 - 11. Sewer and water services shall be shown on the final site plan and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant; 12. The drive approach shall be constructed in accordance with the City's standard approach (i.e., concrete apron, sidewalk section and drop curb) and shown as such on the final site plan. A City Curb Cut and Sidewalk Permit shall be obtained prior to final site plan approval; 13. City standard sidewalk shall be installed and properly depicted at the standard location (i.e., 1 foot off property line) along the street(s) frontage. Any deviation to the standard alignment or location must be approved by the City Engineer. Any drive accesses that are removed must be replaced with standard curb and sidewalk; 14. Typical curb details (i.e., raised and/or drop curbs) and typical asphalt paving section detail shall be provided to and approved by the City Engineer. Concrete curbing shall be provided around the entire new parking lot perimeter and adequately identified on the final site plan; 15. Adequate snow storage area must be designated outside the sight triangles, but on the subject property (unless a snow storage easement is obtained for a location off the property and filed with the County Clerk and Recorder's office); 16. Drive approach and public street intersection sight triangles shall be free of plantings which, at mature growth, will obscure vision within the sight triangle; 17. The applicant is advised that any newly-constructed establishments responsible for food preparation shall install an outside two-compartment grease interceptor. Interceptor design and installation is subject to City of Bozeman Building Department approval. In accordance with Municipal Code, the applicant is further advised that on-site maintenance records and interceptor service shall be maintained on a regular basis and made available to the City upon request; 18. Install "Entrance Only" or "Exit Only" signage facing West Mendenhall Street at the north drive access; and 19. All plantings must be at least 10 feet from any public utilities or service lines. Public utilities and services lines must be shown on the final landscaping plan. 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. Conditional Use Permit with Certificate of ADDroDriateness - allow demolition of existina building and construction of 1.750-sauareMfoot lounge for on-site sale and consumDtion of alcohol and aamina M Gaston Engineering for Bozeman Holdings. LLC (Maaic Diamond Too. 2625 West Main Street) (ZM04209) This was the time and place set for the continued public hearing on the Conditional Use Permit with Certificate of Appropriateness requested by Gaston Engineering for Bozeman Holdings, LLC, under Application No. Z-04209, to allow demolition of the existing building on the East Tract, West Main Street Annexation, and construction of a 1, 750-square-foot lounge with on-site sale and consumption of alcoholic beverages and gaming. The subject property is located at 2625 West Main Street. Public hearing Mayor Cetraro reopened the public hearing, which had been initially opened at the September 27 Commission meeting and continued to this time per the applicant's request. 1 0-04-04 __ _., .,.__....__......___..__.."'" _...____...._....."'.._ " . __ .....__....._.__m___.._...._".. ---------.------ .......__.______...u__ - n.. u. ._..".__ ". - 6- Associate Planner Morris presented the staff report on this Conditional Use Permit and Certificate of Appropriateness application. She noted that staff has reviewed this application in light of the applicable criteria and recommends conditional approval. The written staff report contains staff's comprehensive findings. A subdivision exemption is being proposed to realign the lot line to allow all parking to be located in the rear, so that this gaming parlor will not be directly adjacent to the residential development behind. Jerry Gaston, Gaston Engineering, indicated they have reviewed all the conditions of approval and find them acceptable. No one was present to speak in opposition to this application. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the Conditional Use Permit with Certificate of Appropriateness requested by Gaston Engineering for Bozeman Holdings, LLC, under Application No. Z-04209, to allow demolition of the existing building on the East Tract, West Main Street Annexation and construction of a 1,750-square-foot lounge with on-site sale and consumption of alcoholic beverages and gaming, be approved subject to the following conditions: 1. Snow storage is prohibited in front of the emergency access on the north end of the property. 2. The final site plan shall provide an accurate depiction of the lot. If an amended plat is required, it shall be submitted prior to final site plan approval. 3. A final color palette and materials sample board shall be provided with the final site plan. 4. The bright red roof shall be replaced with a darker red or darker alternative color for review and approval by Administrative Design Review staff. 5. Additional architectural details shall be provided for the windows. 6. The ceramic tile accents shall be removed or replaced with a muted color. 7. Additional architectural details shall be incorporated into the west elevation and landscaping shall be incorporated to break up the expanse of EIFS. 8. One additional set of windows shall be installed on the south elevation to provide additional architectural detail and to avoid presenting the "backside" of a building. 9. The signage colors shall coordinate with the building colors. 10. A sidewalk connection shall be provided between West Main Street and the primary building entrance. 11. The sidewalk shall be extended, along the west property line, from the northwest corner of the building to the end of the parking lot. 12. A foundation planting shall be provided around the entire building. 13. The two mature willows on the east property line shall be preserved. All other mature vegetation shall be noted on the final site plan and shall be maintained to the greatest extent possible. 14. The building design shall incorporate a 6:12 roof pitch. 15. Real stone shall be used for the exterior wainscot (water table). 1 0-04-04 -... -...-.------..-... - 7 - 16. The windows shall be designed with a larger appearance and shall only have a light tint. 17. The compact parking stalls noted directly adjacent to the north side of the building shall be rotated 90 degrees. 18. The final site plan shall be reviewed and approved by the Design Review Board prior to issuance of a Certificate of Appropriateness. 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. Annexation of 85.3463 acres described as Tract 1-A. Tract 3-A and Tract 4-A. COS No. 2153:Tract A. COS No. 939. and Tracts 1 and 3. COS No. 1723 (Mandeville Farm) and approximatelv 130 acres of Burlinaton Northern Railroad riaht-of-wav extendina from the crossina at Interstate 90 and North Rouse Avenue to a point south of the intersection of Moss Bridae Road and Frontaae Road CA-04013) This was the time and place set for the public hearing on the annexation of 85.3463 acres described as Tract 1-A, Tract 3-A and Tract 4-A, cas No. 2153;Tract A, cas No. 939, and Tracts 1 and 3, cas No. 1723 and approximately 130 acres of Burlington Northern Railroad right-of-way, as set by Commission Resolution No. 3719, entitled: COMMISSION RESOLUTION NO. 3719 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. Public hearing Mayor Cetraro opened the public hearing. Associate Planner Saunders presented the staff report. He stated the subject 85.3463-acre parcel generally lies northwest of North 7th Avenue, along the south side of Red Wing Drive, and is commonly referred to as a portion of the Mandeville Farm. This land has been planned for industrial purposes since 1983 and is currently County zoned AS and M-1. The 130-acre parcel is a contiguous portion of land along the Burlington Northern rail line from the crossing of Interstate 90 and North Rouse Avenue proceeding northwest to a point south of the intersection of Moss Bridge Road and Frontage Road. No public comment has been received by Planning staff on this annexation application. The Associate Planner stated that 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 those findings, staff has forwarded the recommendation for approval, subject to the following condition: 1. An annexation map, titled "Mandeville Farm Annexation Map" with a legal description of the property shall be submitted by the applicant. The map must be supplied on a mylar for City records (18-inch by 24-inch), a reduced 8~-inch by 11- inch or 8~-inch by 14-inch exhibit for filing with the annexation at the Gallatin County Clerk and Recorder's office, 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 prior to the Resolution of Annexation. 1 0-04-04 - 8- The Associate Planner noted that, since the City is the applicant, there will be no annexation agreement. As a result, if the Commission chooses to proceed with annexation, staff will bring back a resolution for Commission consideration. Joanie Petersen, 27383 Frontage Road, suggested that Bozeman and Belgrade pool their monies and site a transfer station to serve both communities at the old gravel pit located between the two cities. She offered that the Mandeville farm is not the place for a transfer station because of the recreation area across the road, which is the home and nesting grounds for a large population of magnificent birds and animals. These creatures are extremely susceptible to noise, pollution, and traffic, as are the humans who reside nearby; and they all will be disturbed daily from sunrise to sunset. She requested the Commission's serious attention to this very vital matter. Claudia Foster, 626 Old Farm Road, expressed her disagreement with the way Bozeman has gone about this annexation by buying the property first. She noted the reason the property across the river is annexed and contiguous to this property is because the solvent site polluted those wells, and the City was forced to annex those properties to provide them with water. 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 Commission authorize and direct staff to bring back a resolution annexing the 85.3463-acre parcel generally lies northwest of North 7th Avenue, along the south side of Red Wing Drive, commonly referred to as a portion of the Mandeville Farm and the 130-acre parcel that is a contiguous portion of land along the Burlington Northern rail line from the crossing of Interstate 90 and North Rouse Avenue proceeding northwest to a point south of the intersection of Moss Bridge Road and Frontage Road, for consideration. 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. It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, to direct staff to ensure that this property includes trails and park corridors, which are to connect with other planned or existing trails and park corridors. 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. Zone Map Amendment - establish initial municipal zonina desianation of "M_2". Manufacturina and Industrial District. on 215 acres described as Tract 1-A. Tract 3-A and Tract 4-A. COS No. 2153:Tract A. COS No. 939. and Tracts 1 and 3. COS No. 1723 (Mandeville Farm): and the Burlinaton Northern Railroad right-of-wav extendina from the crossina at Interstate 90 and North Rouse Avenue to a point south of the intersection of Moss Bridae Road and Frontaae Road (Z-04222) This was the time and place set for the public hearing on the Zone Map Amendment requested by the City of Bozeman under Application No. 2-04222, to establish an initial municipal zoning designation of "M-2", Manufacturing and Industrial District, on 215 acres described as Tract 1-A, Tract 3-A and Tract 4-A, COS No. 2153;Tract A, COS No. 939, and Tracts 1 and 3, COS No. 1723 (Mandeville Farm); and the 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 Frontage Road. Included in the Commissioners' packets were letters of opposition from Mr. and Mrs. R.E. Saunders, 27477 Frontage Road; Luanne Gibson, 308 East Main Street; and Joanie and Larry Petersen, 27383 Frontage Road; and e-mail messages of opposition from Twyla Slater, 1220 Nelson Road; Mary Judge, Great Falls; and Glenda B. Angulo, formerly from Bozeman. Distributed just prior to the meeting was an e-mail message of opposition from Melinda Winegardner, 4040 Graf Street, as well as a petition protesting the proposed zoning change, signed by 18 individuals. Public hearing Mayor Cetraro opened the public hearing. 1 0-04-04 - 9- Associate Planner Saunders presented the staff report, noting staff has received a variety of public comment and testimony, which was included in the Commission packets. Concerns regarding congestion and traffic have been expressed; however, traffic projections for this route are included in the Greater Bozeman Area Transportation Plan, 2001 Update and indicate 14,000 trips per day, which include the development of this parcel. Access to this property will be provided via the signalized intersection of North 7th Avenue and Wheat Drive. The Associate Planner pointed out that the City of Bozeman has chosen to bind itself to its own rules, which is not required, so this project will be reviewed against the same criteria as any other development. Staff believes the combination of entryway corridor guidelines and standards will provide adequate protection for the public. The Department of Environmental Quality (DEQ) has been contacted regarding the concern of groundwater contamination; but given the depth of the groundwater and the stringent regulations for stormwater, the DEQ does not believe there is a risk of groundwater contamination. Following review, the Zoning Commission has forwarded a recommendation of approval, noting the requested zone map amendment complies with the established criteria. The comprehensive written findings can be found in the staff report. Kelli Wood, 918 Woodland Drive, stated he has a vested interest, as a citizen, in preventing a mistake from being made on this property. He suggested the Commission should be mindful of the tax base that could be realized from other development of this area; and the City should be seeking structures that compliment the city, not introducing the liability of industrial development. Once this property is zoned industrial, the Commission will not be able to prevent the approval of other industrial uses, such as refineries. Mr. Wood suggested this is not the place for industrial development, and there are other places in the community where this type of zoning is more suitable. Claudia Foster, 626 Old Farm Road, objected to the proposed M-2 zoning because this area is a very visible one. She was previously the chairperson of the Beautification Advisory Board, and she considers this a slap in the face and the ruination of all the hard work she put into the beautification of the North 7th Avenue and North 19th Avenue entryway corridors. She said that when she looked up transfer station problems on the internet, she found that multiple cities have closed their transfer stations because they have been sued by the DEQ and area residents. She asked the Commissioners to be a part of the solution; not a part of the problem. Larry Petersen, 27383 Frontage Road, agreed with the comments made by the two previous speakers. He proposed it would more economically feasible to drive the garbage to the nearest landfill and dump it, than to build the transfer station. He also objected to zoning the entire parcel M-2 to accommodate construction of the transfer station. He requested that the Commissioners not rush into a decision on this. Sam Rogers, 1323 Manley Road, noted that, historically, when industrial development has been proposed in the city, it has been defeated. This proposed site is a beautiful area, and it is readily apparent that a transfer station will not add to the beautiful viewscape of Bozeman. He asked the Commission to reconsider this entire zoning issue. Greg Krach, 27459 Frontage Road, requested that the Commission stop all actions regarding zoning of this land for City use. The citizens of this community demand and deserve due process with regard to the purchase and rezoning of this property. He questioned if this transfer station will be able to serve five cities because he envisions that Bozeman and the neighboring communities will one day be merged into one. He proposed this might be the appropriate site for a second high school or perhaps additional retail development. He suggested the Commission rethink the plot plan for this site. Anita Saunders, 27477 Frontage Road, said that all the neighbors on Frontage Road are very much against M-2 zoning for this parcel. She then presented a petition signed by more than 25 percent of the property owners within 150 feet of the proposed zoning area, thus requiring a super-majority vote of the Commission. Jim Burns, 27737 Frontage Road, acknowledged that the landfill is full and the City needs to address that; but this particular spot is such a nice entryway to the community. A transfer station located here will affect the beauty of Bozeman, as well as surrounding property values. He noted the Cherry River recreation area is such a beautiful and peaceful site and asked the Commission to contrast that with an ugly transfer station that is nothing more than a glorified garbage dump with all the attendant odors, noise, pollution, and traffic. He asked the Commission to refrain from making a poor decision and stop to rethink the process because Bozeman is, indeed, "the last best place". 1 0-04-04 . . ......---.---.--- - 10- Joanie Petersen, 27383 Frontage Road, questioned if the Commissioners had looked at the photos of the transfer station in Helena and asked if that is what they envision for this property. She noted the community demands answers as to what the City has in mind for the remainder of the property not used for a transfer station, Responding to public comment, Associate Planner Saunders pointed out the Commission has the tools to control any future development of this site. He noted M-2 zoning allows a lot of different things; and one of them is the Evergreen Business Park, which has been cited as the type of thing the community is looking for on this property. Several entryway corridors cross this parcel; and the standard is that if a portion of a property is touched by an entryway corridor, the entire parcel must be reviewed under those standards. There are 26 criteria reviewed, over and above the standard review requirements, and they include everything from a higher degree of design excellence in building to landscaping and screening requirements, The City has taken the design plans to the Design Review Board more times than required to get their input for the final design. In response to Commissioner Krauss's question, the Associate Planner stated the majority of the M-2 zoned land in the city is in the Idaho Pole site and represents nine percent of the total city area; however, most of that site is contaminated, There are several rail spurs in the city that are still active, and there are other opportunities for rail spurs on the north end of town. However, there is only one street, L Street, which accesses the Idaho Pole property directly, Director of Public Service Arkell answered Mayor Cetraro by saying that, although the plan shows a rail spur could occur on this site, the city currently doesn't have enough volume of solid waste for a rail spur, 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 Zone Map Amendment requested by the City of Bozeman under Application No. Z-04222, to establish an initial municipal zoning designation of "M-2", Manufacturing and Industrial District, on 215 acres described as Tract 1-A, Tract 3-A and Tract 4-A, cas No. 2153;Tract A, cas No, 939, and Tracts 1 and 3, cas No, 1723 (Mandeville Farm); and the 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 Frontage Road, be approved subject to the following conditions: 1. That the ordinance for the zone map amendment shall not be adopted until the resolution of annexation is adopted by the Commission, If the annexation is not approved, the application shall be null and void, 2. That the applicant submit a zone amendment map, titled "Mandeville Farm Zone Map Amendment" on a 24-inch by 36-inch mylar, 8~-inch by 11-inch or 8~-inch by 14-inch paper exhibit, and a digital copy of the area to be zoned, acceptable to the Director of Public Service, which will be utilized in the preparation of the ordinance to officially amend the City of Bozeman Zoning Map, Said map shall contain a legal description of the subject property and zoning districts, total acreage of the property and adjoining rights-of-way and/or street access easements. Commissioner Krauss noted that the Commission discusses zoning issues based on the zoning inventory, and the city has very little M-2 zoned property to attract the kind of industrial development that a well-balanced city needs, He, too, believes the impacts of a transfer station can be mitigated. It is appropriate to have warehousing and manufacturing facilities along a rail spur; and he feels it is appropriate to plan for a rail spur on this property that will attract manufacturing, thereby creating jobs. Commissioner Hietala stated his agreement with Commissioner Krauss that the city doesn't have nearly a sufficient inventory of M-1 and M-2 zoned property, Businesses that relocate to an area require good transportation access, which is one of the main requirements, and this parcel provides that. He has been to the Helena transfer site, but he also has been to transfer sites that are difficult to find because they don't look like transfer sites, Instead they have a park-like setting, which is what he envisions for this transfer station. 1 0-04-04 - 11 - The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Youngman, Commissioner Krauss, and Mayor Cetraro; those voting No, none. Break - 8:30 - 8:42 om Mayor Cetraro declared a break from 8:30 pm until 8:42 pm in accordance with Commission policy. Reauest for modification of Condition No. 9 for aooroval of the oreliminarv olat for laurel Glen Subdivision. Phases I-IV. which reauires imorovements to Durston Road orior to filina of the final olat for laurel Glen Subdivision. Phases II-IV (north side of Durston Road. aooroximatelv % mile west of its intersection with Cottonwood Road) (P-02012A) This was the time and place set for the public hearing on the request submitted by C&H Engineering for the Hinesley Family Limited Partnership under Application No. P-02012A, for modification of Condition No. 9 for approval of the preliminary plat for Laurel Glen Subdivision, Phases I-IV, which requires improvements to Durston Road prior to filing of the final plat for Laurel Glen Subdivision, Phases II-IV. The subject property lies along the north side of Durston Road, approximately % mile west of its intersection with Cottonwood Road. Included in the packet was a letter from Tom Stonecipher, attorney representing the applicant, forwarding additional input on the level of service on Durston Road and encouraging approval of this application. Public hearing Mayor Cetraro opened the public hearing. Associate Planner Saunders presented the staff report, reviewing the application and the history of this condition. Staff believes the soonest the improvements to Durston Road could be completed would be in 2006. Staff, the Development Review Committee, and Planning Board all recommend denial of the applicant's request, finding that no substantial improvements have been made to Durston Road or the area's transportation system since the preliminary plat was approved. Corey Frehsee, C & H Engineering, outlined the reasons they feel that this request for modification of condition number 9 should be granted, which are as follows: there have been significant changes to the Durston Road corridor, which warrant this change of condition; Durston Road continues to operate at level of service C or better with development of Laurel Glen; Mr. Hinesley has exhausted all resources in his attempt to get the improvements to Durston Road started; and it would be unfair to deny this request after recently approving Harvest Creek, phases 8 through 11. Mr. Freshee noted that Mr. Hinesley retained Marvin and Associates to conduct a traffic study of Durston Road, which included extensive traffic counts and in-depth analysis regarding trip generation, in order to determine the number of external trips generated from this subdivision. It was found that Laurel Glen will generate 14 eastbound trips and 10 westbound trips, compared with Harvest Creek, which generates 36 vehicles traveling eastbound and 18 vehicles westbound. From this analysis, Mr. Marvin calculated the level of service on Durston Road would remain at C; therefore, there would be no additional impact on Durston Road. Mr. Hinesley, applicant, stated that since May, 2002 he, along with other developers, has been trying to assist the City in implementing a special improvement district (SID) for Durston Road. He has learned the City plans to proceed with creation of the SID in 2006. Since they plan to start building phase three in March of 2006, there would be barely any impact on Durston Road before the SID takes effect. Mr. Hinesley reminded the Commission that by allowing him to begin construction on the next phases of Laurel Glen, he will be providing 144 affordable housing units to the city. Teddy Muntean, realtor, noted that Bozeman needs affordable housing, which is what Laurel Glen will bring to the city. The Hinesley group has met all the City's requirements and deserves to be allowed to finish phases two, three, and four. 1 0-04-04 - 12 - Lloyd Mandeville, 1001 Woodland Drive, spoke in favor of allowing the remaining phases of Laurel Glen to proceed. If not, in three years, the costs to build on this property will increase drastically; and those costs will be passed on to buyers, which will lessen the units' affordability. Tom Stonecipher, attorney representing the applicant, noted the traffic study shows construction of these phases will not degrade traffic on Durston Road to below a level of service C, which is the current level of service. The development of Harvest Creek has increased traffic on Durston Road, despite Oak Street being completed; and that was the factor the Commission took into consideration when granting Harvest Creek's request. This is the same situation, and they should be granted the same approval. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the request submitted by C&H Engineering for the Hinesley Family Limited Partnership under Application No. P-02012A, be approved by modifying Condition NO.9 for approval of the preliminary plat for Laurel Glen Subdivision, Phase II only. Commissioner Krauss voiced his disbelief that full buildout will only add 37 cars per day to the corner of North 19th Avenue and Durston Road. He pointed out that one of the things that is different from Harvest Creek is that the Commission has voted to use impact fees and approved a timeline for when those fees will be used. The argument has been made that it is not fair to approve Harvest Creek without approving this one. Fairness only extends to the point where safety is impacted and the level of service is degraded below C. While he is not inclined to vote for all three additional phases, he would vote to approve one additional phase because of the work Mr. Hinesley and the others have done for the city and their continued contribution to the city, which is a very important consideration. Additionally, this will provide more affordable housing. Responding to Commissioner Hietala, City Engineer Hixson said the City is entering into a contract with an engineering firm to finalize the design of the roadway, to begin construction in 2006. Construction earlier than that is not possible because of the construction on West Babcock Street, North 19th Avenue, and Valley Center Road, which will take place in 2005. Commissioner Hietala stated he supports approving additional phases at this time because the city is short on affordable housing inventory. Commissioner Kirchhoff said that, even though he likes this project, he cannot approve this request at this time because now is the time to say, "Enough is enough". He is unwilling to vote in favor of this request, based on the data received and the staff presentation. He feels the City needs to set a precedent that says funds have been earmarked for improvements to Durston Road, and future phases of development will be halted until the street is improved. Commissioner Youngman agreed with Commissioner Kirchhoff, adding that approval of Harvest Creek was different because of the Oak Street outlet. She, too, agrees with staff and the advisory boards' recommendation for denial. Mayor Cetraro acknowledged that he, too, has struggled with this issue; but he believes it is important to reach a middle ground and move forward. He believes that by approving one phase, it will provide the impetuous to get this road improved. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Krauss, and Mayor Cetraro; those voting No being Commissioner Youngman and Commissioner Kirchhoff. Certificate of Appropriateness to allow replacement and reconstruction of existina uncovered deck in northeast corner of property and replacement and reconstruction of existina 4-foot and 6-foot. hiah fence alona east and north property lines. with deviations to allow detached uncovered deck to encroach 12.6 feet into the reauired 20-foot rear yard setback and 5 feet into the reauired 5-foot side yard setback - Barbara M. Lee. 222 South Tracy Avenue (Z.04231) This was the time and place set for the public hearing on the Certificate of Appropriateness requested by Barbara Lee under Application No. 2-04231, to allow replacement and reconstruction of the 1 0-04-04 - 13 - existing uncovered deck in northeast corner of property, and replacement and reconstruction of the existing 4-foot and 6-foot-high fence along east and north property lines, with deviations from Section 18.16.050 of the Bozeman Municipal Code, to allow the detached uncovered deck to encroach 12.6 feet into the required 20-foot rear yard setback and 5 feet into the required 5-foot side yard setback on the west 70.5 feet of Lots 11 and 12, Block 0, Black's Addition. The subject property is located at 222 South Tracy Avenue. Public hearing Mayor Cetraro opened the public hearing. Historic Preservation Planner Bristor presented the staff report, noting this project requires two deviations. Staff has reviewed this application in light of the applicable criteria and recommends conditional approval. Staff's written, comprehensive findings can be found in the staff report. Staff has received no public comment on this application. Barbara Lee, applicant, stated the primary reason for replacing the fence and deck is to add to the privacy, safety, attractiveness, and utilization of their small yard. No one was present to speak in opposition to this application for a certificate of appropriateness. 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 Certificate of Appropriateness requested by Barbara Lee under Application No. Z-04231, to allow replacement and reconstruction of the existing uncovered deck in northeast corner of property and replacement and reconstruction of the existing 4-foot and 6-foot-high fence along east and north property lines, with deviations from Section 18.16.050 of the Bozeman Municipal Code, to allow the detached uncovered deck to encroach 12.6 feet into the required 20-foot rear yard setback and 5 feet into the required 5-foot side yard setback on the west 70.5 feet of Lots 11 and 12, Block 0, Black's Addition, be approved subject to the following conditions: 1. 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; 2. 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. 3. All code provisions shall be met, the following provisions in particular: . Per Section 18.42.130, "Fences, Walls and Hedges," all new fences must conform to code requirements. . Per Section 18.42.150, "Lighting," all new lighting must conform to code requirements and all existing non-conforming lighting must be retrofitted or replaced. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, and Mayor Cetraro; those voting No, none. Authorize City Manaaer to sian - Aareement between the City and Yellowstone Manaaement/C'mon Inn. Fisher Development/Countrv Inn and Suites. Arrowhead Development LLC/Outback Steakhouse. 1 0-04-04 - 14 - Gallatin Center LP. SANDAN LLC. Caoe-France Enterorises. and Cattail Lake LLC for the Vallev Center Road/North 19th Avenue SIDs: continaent uoon execution of aareement bv all other oarties Included in the Commissioners' packets was a copy of the draft agreement between the City and Yellowstone Management/C'mon Inn, Fisher Development/Country Inn and Suites, Arrowhead Development LLC/Outback Steakhouse, Gallatin Center LP, SANDAN LLC, Cape-France Enterprises, and Cattail Lake LLC for the Valley Center Road/North 19th Avenue SIDs. Acting City Attorney Cooper provided a background ofthis agreement, reminding the Commissioners that staff was directed to meet with all interested parties to come up with an agreement to help buy down the costs of the SIDs. An agreement was worked out and indications were that all vested parties would sign, but one owner is hesitant to sign because of the lack of certainty that a building permit will be issued at the time of his contribution. Staff's recommendation is that the City Manager be directed to sign upon execution by all other parties, or upon execution by those parties willing to commit to the total contribution amount of $1.65 million. Mike Garritty, representing Arrowhead Development LLC, stated this is the best proposal he has seen to reduce the cost of the roadway improvement projects and reduce the SIDs to a tolerable level for all landowners, which will allow the improvements to North 19th Avenue and Valley Center Road to move forward. In exchange for these contributions, the City will make the concession to allow simultaneous construction of the roadways and developments. At this point, only three developers are at the stage of getting final site plan approval and building permits. Tom Stonecipher, representing Yellowstone Management, said they, too, are supportive of this agreement. However, they are still working out the timing of the contributions by C'mon Inn. No one was present to speak in opposition to this agreement. City Manager Kukulski acknowledged that Acting City Attorney Cooper has "worked his tail off" to get this agreement hammered out; and if this whole thing does not come together, it is not because the City did not do everything in its power to get this done. It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the Commission authorize and direct the City Manager to sign the developer agreement upon execution by all other parties, with commitments at the level of contributions indicated in the agreement; or upon execution by those parties willing to commit to the total contribution amount of $1.65 million. 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 Kirchhoff, seconded by Commissioner Hietala, to direct staff to bring back resolutions creating SIDs for improvements to North 19th Avenue, Valley Center Road, signal at Cattail Street and North 19th Avenue, and signal at North 19th Avenue and Valley Center Road. 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. Reauest from Accessible Soace. Inc. (AS!) for $16.150 foraivable loan for the 18-unit oroject behind Bridger Peaks Town Center for very low-income oersons Included in the Commissioners' packets was a memo from Brian LaMeres, Chair of the Community Affordable Housing Advisory Board, forwarding the request from Accessible Space, Inc. (ASI) for a $16,150 forgivable loan for the 18-unit project behind Bridger Peaks Town Center for very low-income persons. Grants Administrator Folger presented an overview of this request for a loan to meet the required five percent match for the HOME grant. Accessible Space, Inc. is developing an 18-unit, 100 percent barrier-free complex to serve very low income, disabled persons, which will fill a major gap in the city's housing inventory. It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the loan from the affordable housing fund to Accessible Space. Inc. for very low income housing for persons with disabilities be approved. The motion carried by the following Aye and No vote: those voting Aye being Commissioner 1 0-04-04 - 15 - Hietala, Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, and Mayor Cetraro; those voting No, none. Desianation of votina deleaate at the Montana Leaaue of Cities and Towns Convention It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that Commissioner Krauss be designated as the City's voting delegate at the Montana League of Cities and Towns Convention to be held later this week. 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. Discussion - reauest from Downtown Bozeman Partnership for uraencv ordinance prohibitina professional offices on the around floor in the downtown core alona Main Street Included in the Commissioners' packets was a memo from Planning Director Epple forwarding the request from the Downtown Bozeman Partnership and some background information on interim zoning ordinances. Distributed during the meeting was a petition signed by 97 individuals urging the Commissioners to protect the downtown by not allowing any more retail spaces on the street level to be converted to office use, a letter from Cathy McNally, Mountain Lodge Unique Home Furnishings, Inc., expressing her support for this urgency ordinance, and an e-mail from Thail Daivs, Downtown Bozeman Association, requesting a change of wording to her original letter to the Commission of September 24, 2004. Associate Planner Saunders presented the background of this request, saying this proposed interim urgency ordinance buys the Commission time to allow reasonable consideration of Ms. Davis's letter. The requested change will come back to the Commission for consideration with the formal revisions to the Unified Development Ordinance (UDO). Thail Davis, Downtown Bozeman Association, stated she is currently working on a proposal to revise the UDO to stop the conversion of ground floor retail space to office space on Main Street, between Rouse Avenue and Grand Avenue. This request is a way to ensure that the gates are not opened to this type of conversion of Main Street until those revisions are approved. Other realtors have indicated an interest in moving downtown, and several have approached the Planning Department for information. If retail spaces are allowed to be squeezed out by realtors, everyone will lose. Mary VantHull, 416 East Story, said she took a stroll downtown with a petition to protect the downtown and had 97 signatures in no time. She also talked to downtown tourists who stated Bozeman has a great downtown and Main Street. Babs Noel, downtown business owner, said that when the application for a real estate office downtown was approved, she "heard the sound of retail being sucked out ofthe downtown". The importance of Bozeman's downtown vitality is clear when other cities are trying to artificially create what is already here. Once that vitality is lost, it is lost forever; and the urgency of this matter is to retain that vitality. Lowell Springer, Springer Architects, agreed with what has been said tonight. The appeal of the downtown must be kept intact. This downtown is a very, very special place and is very fragile. Changes of use of retail spaces can start a migration that can turn into a syphon and affect the fragility of the downtown, which is a walking museum. JT Grabau, 42 West Main Street, stated he formerly lived in Aspen, Colorado and saw its downtown go downhill quickly, so he does realize what can happen and appreciates downtown Bozeman. He agreed this is an urgent situation that needs to be addressed. Mike Good, Cactus Records, expressed his support for what has previously been said. Commissioner Kirchhoff characterized this as an appropriate step to take to protect the vitality of the downtown, although it is one that is very seldom taken. Commissioner Youngman agreed. 1 0-04-04 -.-----.---.-.- _____n__..... - 16- Commissioner Krauss stated he believes conditional use permits are considered on their individual merits and the one just considered was the first one in the downtown for a very long time, but now there might be more, which is a rapid acceleration and constitutes an emergency. Mayor Cetraro pointed out the recent request set the bar high and approval was granted to an atypical real estate agency proposal, adding the conditional use permit can be revoked if the proposal isn't followed through on as presented. It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that staff be directed to prepare an interim urgency ordinance restricting and prohibiting professional offices on the street level in the downtown core, extending between Rouse Avenue and Grand Avenue, along Main Street, for a period of six months. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, and Commissioner Youngman; those voting No being Mayor Cetaro. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1 ) Letter from Linda Vrooman, Gallatin Gateway, encouraging the Commissioners to retain the green space that Soroptimist Park provides in the downtown area. (2) Copy of a letter from Neighborhood Coordinator Oulman, dated September 24, providing a rental discussion follow-up. (3) Copy of a letter from Neighborhood Coordinator Oulman, dated September 24, regarding neighborhoods and posting of signs. (4) Copy of a memo from Neighborhood Coordinator Oulman to Street Superintendent John VanDelinder, dated September 28, regarding the InterNeighborhood Council meeting scheduled for October 12. (5) Updated list of planning projects to be considered at upcoming Commission meetings, dated October 1, 2004. (6) Agenda for the County Commission meeting to be held at 9:00 am on Tuesday, October 5, at the Courthouse. (7) Agenda for the Development Review Committee meeting to be held at 1 0:00 am on Tuesday, October 5, at the Professional Building. (8) Agendas for the Zoning Commission meeting to be held at 7:00 pm and the City Planning Board meeting to be held at 7:30 pm on Tuesday, October 5, in the Commission Room. (9) Notes from the City-County Board of Health meetings held on April 27, May 5, May 27, June 24, July 29 and August 26, 2004. During his FYI, Assistant City Manager Brey responded to Mr. Dirks by noting the County could take action unilaterally, which it did, but any changes will require a building permit; and State statute requires that when a public agency uses public land contrary to the zoning, a public hearing is required. To obtain zoning compliance for a building permit, a public hearing must be conducted, although no action will be taken. The Assistant City Manager added that the Bozeman Police Department is not supportive of this plan. Commissioner Kirchhoff asked, during his FYI, if anyone is going to the County Commission meeting tomorrow to represent the City regarding the revocation of NorthWestern Energy's floodplain permit. Director of Public Service Arkell responded that staff will be visiting the site and meeting with the floodplain administrator. Additionally, City Engineer Hixson is going to try to attend the hearing tomorrow. Commissioner Youngman volunteered to attend, as well, if no one else is available to do so to express the City's concern with the impact NorthWestern Energy's expansion will have on Lincoln Street. Commissioner Youngman also pointed out NorthWestern Energy has signed a waiver of annexation, and that annexation 1 0-04-04 - 17 - capability was supposed to be the City's protection from non-compliance with City standards on this property. City Manager Kukulski noted a waiver is "as good as gold" because the Supreme Court has ruled that waivers are to be upheld. The Commission indicated they were united in requesting that the County halt this expansion project by a show of thumbs. During his FYI, City Manager Kukulski offered the following: 1) He is trying to arrange a Commission tour of Kalispell for sometime on Thursday. 2) He will ask the Whitefish City Attorney to provide the Commission and City officials with an update on his landmark case regarding annexation. 3) The October 25th Commission work session meeting will be held at the Tech Ranch. Associate Planner Saunders presented the following FYI item: Planning staff has received 93 suggestions for revisions to the Unified Development Ordinance and are aware there are 215 in the process of coming in; October 15th is the deadline for receipt of those. While a few of the suggested changes are quite meaty, most are minor. Director of Public Service Arkell noted the following during her FYI: 1) Rouse Avenue, from Mendenhall Street to Main Street, should be opened tomorrow. The entire project should be completed by the end of the month. 2) Water Treatment Plant Supintendent Elliott will be Acting Director of Public Service while she is attending the Montana League of Cities and Towns meetings. 3) A new engineer started working in the Engineering Department today. During his FYI, Commissioner Krauss suggested: 1) The open space bond issue group come and give a presentation to the Commission, and that it be put on the agenda as an action item to endorse the bond issue. A majority of the Commissioners agreed to do so. 2) That a representative of the 911 bond issue present a proposal to the Commission, as well. A majority of the Commissioners also agreed to put this on a future agenda. Mayor Cetraro offered the following FYI items: 1) He attended an international visitors meeting, which was good. 2) Staff has received five applications from those having an interest in the Municipal Judge vacancy. It is now time to move forward to the second step to narrow down the candidates to one. Adiournment - 11 :06 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, a d Mayor Cetraro; those voting No, none. A ATTEST: ~s~~ Clerk of the Commission PREPARED BY: cfj'//~Mrbe~~ Deputy Clerk of the Commission 1 0-04-04