Loading...
HomeMy WebLinkAbout2004-02-09 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA February 9, 2004 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, February 9, 2004, at 3:00 p.m. Present were Mayor Andrew Cetraro, Commissioner Jeff Krauss, Commissioner Marcia Youngman, Commissioner Steve Kirchhoff (arrived at 3:35 p.m.), Commissioner Lee Hietala, Acting City Manager Ron Brey, Director of Public Service Debbie Arkell, Planning Director Andy Epple, City Attorney Paul Luwe and Clerk of the Commission Robin Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Consent Items were removed for discussion. Minutes. February 2. 2004 Mayor Cetraro deferred action on the minutes of the meeting of February 2, 2004, to a later date. Consent Items Acting City Manager Brey presented to the Commission the following Consent Items. Commission Resolution No. 3654 . desianatina the Grants Administrator as the Environmental Certifvina Officer COMMISSION RESOLUTION NO. 3654 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DESIGNATING THE CITY GRANTS ADMINISTRATOR AS THE ENVIRONMENTAL CERTIFYING OFFICER. Application for temporary beer license . Bozeman Lions Club . Gallatin County Fairgrounds. February 14.16. 2004 (WildWest Winterfest) Application for temporary beer license . Bozeman Lions Club - Gallatin County Fairarounds - Julv 21-25.2004 (Gallatin Countv Fair) Application for temporary beer license - Bozeman Amateur Hockev Association . Gallatin County Fairarounds. February 13.15. 2004 (WildWest Winterfest) Ordinance No. 1609 - setting Acting City Manaaer's salary. effective January 13. 2004: finally adopt ORDINANCE NO. 1609 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, FIXING THE MONTHLY SALARY AND OFFICIAL BOND OF THE ACTING CITY MANAGER OF THE CITY OF BOZEMAN, AS REQUIRED BY LAW. Ordinance No. 1610 - zone map amendment. establishina initial municipal zoning designations of R-2. R.3A. R-3. R-4. B-1 and PLI on 159.7130 acres described as Lots 1. 2 and 3. Minor Subdivision No. 201 (north side of Durston Road. north of Valley West Subdivision): finally adopt 02-09-04 ------ on __".._."....___.__._ --.--.-..----.- .-- ------.-..-....-- - 2 - ORDINANCE NO. 1610 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP BY ESTABLISHING AN INITIAL ZONING DESIGNATION OF "R-1" (RESIDENTIAL SINGLE HOUSEHOLD, LOW DENSITY DISTRICT), "R-2" (RESIDENTIAL TWO HOUSEHOLD, MEDIUM DENSITY DISTRICT), "R-3" (RESIDENTIAL MEDIUM DENSITY DISTRICT), "R-4" (RESIDENTIAL HIGH DENSITY DISTRICT), "PLI", (PUBLIC LANDS AND INSTITUTIONS DISTRICT), AND "B-1" (NEIGHBORHOOD BUSINESS DISTRICT) ON 156.96 ACRES SITUATED IN THE WEST HALF OF THE SOUTHEAST QUARTER AND EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 2 SOUTH, RANGE 5 EAST, MONTANA PRINCIPAL MERIDIAN. Authorize Mayor to sian . Construction Agreement between the State of Montana DeDartment of TransDortation and the City of Bozeman for sianalization of the North 19th AvenuelWest Beall Street and South Willson AvenuelWest Olive Street intersections (Project No. STPHS 1299r21H Authorize Actina City Manaaer to sian - (1) AcceDtance of Public Drainage Easement on Lot 3. Annie SubdiYision. Phase II: (2) Acceptance of Water PiDeline and Access Easement Aareement on Lot 3. Annie Subdivision. Phase II: (3) Release and Reconveyance of Easement on Lot 3. Annie Subdivision. Phase II - Thomas C. Mannschreck. Castlebar Limited PartnershiD and Castlebar II Limited PartnershiD Buildina InsDection Division reDort for Januarv 2004 Claims Ms. Becky Robideaux, member of the Community Alcohol Coalition, asked how the non-profit organizations plan to reduce underage drinking at these events. She then offered to provide, along with a law enforcement officer, a free server training session that has been approved by the Department of Revenue. It was moved by Commissioner Krauss. seconded by Commissioner Youngman, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman, Commissioner Hietala and Mayor Cetraro; those voting No, none. Public comment No public comment was received under this agenda item. Presentation re Victim Witness arant aDDlication - Gloria Edwards. Victim Assistance Proaram Director Included in the Commissioners' packets was a copy of the application for a grant from the Montana Board of Crime Control for the Victim Witness Program, as prepared by Victim Assistance Program Director Gloria Edwards. Also included in the packets was a copy of the budget clarification for the Gallatin County/ City of Bozeman Victim Witness Program identifying potential sources of revenue for the local matching monies. Ms. Gloria Edwards, Victim Assistance Program Director, stated this is the 12th year that funding from the Board of Crime Control has been requested. Each year, the amount of the grant has decreased; and this year, the amount requested is $58,800, down from $60,000 last year. She stressed that the grant covers salaries only, and the City's match for the grant is $13,732. In addition, the City is being requested to cover 35 percent of the remaining budget, or $7,256. The total City contribution requested for Fiscal Year 2004-2005. therefore, is $20,988. She noted that the City has $35,483 in surcharge revenues from Fiscal 02-09-04 ----.--.-.--- - --..--.-.---.. ----.- .----- .___n._.__ - 3 - Year 2003, which will cover the costs of the victim witness program for the upcoming year and leave some monies in reserve for future years. Ms. Edwards stated that her office provided assistance to 690 victims of violent crime this year, noting that the number served has increased each year. She noted that two staff people work in the program and, as a result, they are very busy. She concluded by voicing her appreciation for the City's support of this program. Acting City Manager Brey stated that, if the Commission chooses to participate in the funding of this program, it will be accommodated through the budget process. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Commission authorize the Mayor to sign a letter of support for the grant application to the Montana Board of Crime Control for the Gallatin County/City of Bozeman Victim Assistance Program for Fiscal Year 2004- 2005. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Krauss and Mayor Cetraro; those voting No, none. Informal review - proposal to develop a 3.96-acre parcel located between South Church Avenue and South Rouse Avenue. south of Garfield Street extended alianment. in two phases. with the first phase including construction of two detached sinale-household dwellina units with detached guest houses and accessory dwelling units above the aaraaes and the second phase includina construction of four condominium duplexes - Brock Albin CI-03045} Included in the Commissioners' packets was a memo from Assistant Planner Susan Kozub, dated February 4, forwarding the applicant's proposal. Assistant Planner Susan Kozub gave a brief overview of the proposed project, noting it is to be constructed in two phases. The first phase is to include two detached single-household dwelling units, each with a detached guest house and accessory dwelling unit over the garage; and the second phase is to include four condominium duplexes. She indicated that staff has reviewed this proposal and identified several constraints, including the lack of access, infrastructure issues and the watercourse setback. Mr. Brock Albin, applicant, distributed copies of his thoughts and responses to the concerns expressed by the Planning staff. Attached to his comments are a letter from Timothy Linn, his neighbor, indicating that an access easement has been retained across his property to the subject site. Also attached are schematics of the proposed development and a series of colored pictures that provide a panorama of the subject property and surrounding area. He noted that this morning, he skied along Peets' Hill and Burke Park, looking down on this parcel, remembering why he is proposing this development and envisioning the improved appearance of the property and the corridor. He noted the subject property currently has multiple uses, with vehicles, campers and equipment stored outdoors; and this proposal would allow him to clean the site up and take steps to enhance the natural habitat and develop areas for walking, for people and animals alike. He cautioned that, if he does not proceed with this proposal, the property will remain ugly, with no trails, no clean-up and no stream reclamation. Mr. Albin stated he plans to initially construct two residences with guest cottages and apartments above the garages. He noted that his intent is to live in one of the residences; and it his hope to entice his children to stay in Bozeman and attend college, possibly living in the guest cottage or the other residence. It is his intent to retain the 30-foot by 60-foot shop on the property as well as the two old cabins. Mr. Albin noted the Fire Department wants a 20-foot-wide bridge across the creek; however, he feels that the 15-foot-wide bridge, which was rebuilt by the City in 1980 after a dump truck went through it, should be adequate for accessing the site. He indicated that to widen the bridge would impact cottonwood trees in the area; and Mr. Linn has expressed his interest in not seeing the bridge widened. He further asked that the City not require the driveway to be paved. Mr. Brock Albin stated that in 1975, his Grandmother asked what type of access would be required to allow a condominium development on this property; and she was assured that the existing access easement across Mr. Linn's property to South Church Avenue was adequate. Since the proposed residential development would actually reduce traffic impacts, he asked that the Commission allow him to use the existing access without requiring any upgrades. 02-09-04 -..----.----- n_....__ _.._.._._.___._u -----------------------.--.---- ---....--.------.-..---..--. .- -------- -4- Mr. Albin turned his attention to the sewer issue, noting that Planning staff has acknowledged the two units in Phase I could be connected to the South Rouse Avenue sewer line. He noted that Mr. Bart Manion has indicated he has no problem with those connections, but has expressed his desire to tap into the system before Phase II of this project is undertaken. Mr. Albin stated he plans to honor that request, particularly since he is uncertain about if and when he will undertake the second phase. Mr. Albin addressed the issues of wetlands and stream bank setbacks, noting that he feels it is appropriate to get a survey of the property and provide a setback from the west side of the stream. He then turned his attention to the possibility of obtaining an emergency access through the Martel Construction property. He concluded by noting that the Bozeman 2020 Community Plan provides for infill of this area at 6 units per acre; his proposal is for development at one-half of that density. He concluded by expressing his preference to construct Phase I as proposed, but indicated he would seek approval for one residence so he can begin construction this spring if the entire phase is not approved. He asked that if a planned unit development is necessary, this review be considered the pre-application review so he can proceed to the next step. Mayor Cetraro indicated he would support the desired variances, noting he supports the innovative ideas that would make this project work. He is interested in seeing this area developed, giving careful consideration to the setbacks. Responding to comments and questions from Commissioner Krauss, Assistant Planner Susan Kozub confirmed the existing land use map in the neighborhood plan shows this property as vacant, but it is being amended to reflect multiple uses. She then indicated that not all of the existing uses are consistent with the RS zoning; and Mr. Albin has expressed his desire to retain the masonry business on the property. Mr. Albin stated that Mr. Dan Hanson operates the masonry business; and he has indicated his intent to retire within the next year or two. At that time, he will eliminate that use and clean up the site. He indicated that the cabins, which he plans to retain, are used for storage and are not connected to any services. Commissioner Krauss stated he feels the RS zoning is consistent with having two houses in one ownership; otherwise, the subdivision process would be triggered. He indicated an interest in obtaining more information regarding access, bridge and street requirements, noting it is imperative that any development be connected to City sewer, and expressed concern about building houses in an area where the vast majority of the property is within the floodplain. He stressed that he would not support any proposal to subdivide the property. Responding to Commissioner Youngman, Planning Director Epple stated that staff is not proposing any of the uses on the site be eliminated at this time; rather, they are viewed as existing non-conformities. Those issues will be addressed when additional development of the site is undertaken. Commissioner Kirchhoff arrived at 3:40 p.m. Mr. Albin asked for Commissioner input on his request to retain the existing 15-foot-wide bridge rather than widening it to 20 feet and the temporary emergency access across the Martel property. Commissioner Youngman indicated that she needs staff input on these highly technical issues before making any comment on them. Commissioner Krauss noted he is looking at the fact that this property does not have any frontage along a public street. Commissioner Hietala expressed an interest in seeing a more accurate mapping of the floodplain on this property, particularly since the current FEMA map leaves a lot of room for interpretation. Responding to Planning Director Epple, Mr. Albin indicated that his proposal for development of this site actually includes three phases, with the first phase being one single-household residence with guest house and accessory dwelling unit over the garage; the second phase including the other single-household residence; and the third phase including the condominiums. 02-09-04 - 5 - Planning Director Epple noted that an accessory dwelling unit in the RS zone triggers the conditional use permit process. Issues that will need to be addressed during that review will include frontage, connections to water and sewer services, access and watercourse setbacks. Commissioner Krauss recognized that allowing one residence on the site could be beneficial, since it would help to make the area more attractive. He cautioned, however, that the more units proposed, the higher the level of review and the riskier the application. Commissioner Youngman cautioned that approval of zoning variances must be based on physical hardship; and it is often difficult to meet the stringent standards set by the Montana Supreme Court. Responding to Planning Director Epple, Mr. Albin stated he does not plan to have his development encroach into the setback requirements. Mayor Cetraro thanked Mr. Albin for the opportunity to conduct this informal review. Pre-application for West Winds Maior Subdivision Planned Unit Development - multi-phased 300-lot mixed residential subdivision on approximatelv 160 acres bounded bv West Oak Street. Fowler Avenue. Baxter Lane and North 27th Avenue. with Phase I including subdivision of 22 acres into 40 single-household lots. 6 townhouse lots and 1 multi-household lot - HKM Engineerina for John Dunlap (Z-03247 and P-03034) Included in the Commissioners' packets was a memo from Associate Planner Jami Morris, dated February 9, forwarding the applicant's proposal. Associate Planner Jami Morris reminded the Commissioners that on November 24, they reviewed a pre-application proposal for this subdivision. Based on the Commissioner feedback from that review, the applicant has submitted a modified proposal and is seeking additional Commissioner comment. She indicated that both the initial submittal and the new submittal have been posted for comparison. Mr. John Dunlap, applicant, stated that, due to the significant changes that resulted from addressing the comments received during the previous informal review, staff suggested that the revised plan be submitted for review. He indicated that he will be actively working with the Parks Department on the size and locations of the parks, the perimeter parks and the trails providing connectivity to those parks as well as adjacent developments. He assured the Commission that the preliminary plat will be accompanied by a master plan that addresses how those areas are to be maintained. Mr. Dunlap noted one of the major changes in this plan is the street connectivity, with a grid pattern being used to the greatest extent possible. Two items that impact that configuration are the wetlands and a 20-inch sewer trunk line that traverses the property. He then indicated that, on the whole, 70 percent of the park area is surrounded by streets. He concluded by noting that Mr. Russ Squire is proposing the development of his 72-unit affordable housing project in Phase I of this subdivision, which will address the affordable housing requirement for this subdivision and will help to address some of the problems previously encountered with double frontage lots. Commissioner Kirchhoff noted that, since he did not think he would be able to attend this session, he submitted a memo with his comments and suggestions. He expressed his interest in buffer zones, noting that he does not find huge fences adjacent to major streets attractive. He cited the Harvest Creek Subdivision as an example, noting that a high solid fence now separates that subdivision from Durston Road and creates a forbidding exterior to the public. He suggested that having lots which back onto arterials should be avoided whenever possible. He recognized the benefit of having a green space between a major street and residential development; however, he noted it is important to have maintenance of that buffer zone spelled out. Commissioner Kirchhoff acknowledged that the street system in the new design is far superior to the previous plan. He suggested, however, that the applicant consider double loading lots along the perimeter with alleys to avoid the issues that can arise with a buffer strip. He also proposed that the pseudo cul-de-sacs at the corners be eliminated, which could eliminate the potential of headlights shining into the homes fronting on those corners. 02-09-04 ......--..-"....-- --.----.-. --------- _... _u_..____ ____. ____.__u ---------.--- ------- ------.------.- - 6 - Mr. John Dunlap responded that he has based the design of this subdivision on the shortcomings of other recent subdivisions in the community. As a result, he indicated the homeowners' association will be properly identified and will be funded to ensure that it will be able to meet maintenance requirements. He also noted that the pseudo cul-de-sacs can be eliminated without any problem. Commissioner Kirchhoff expressed his interest in having houses on the perimeter front onto the perimeter street, stating he anticipates those homes would sell quickly. Mr. Dunlap responded that those homes with detached garages do not seem to be selling well in today's market, citing Valley West as an example. Commissioner Kirchhoff observed it is the Commission's responsibility to protect the public realm and identify how the public rights-of-way are to be treated. Commissioner Youngman voiced her concurrence with Commissioner Kirchhoff's comments regarding the perimeter arterials, noting that, unfortunately, many of the bad examples have occurred on her watch. She then expressed her support for the connectivity in the neighborhood and wants to make sure the adjacent arterials do not simply become long unfriendly corridors for vehicular movement. Mr. Dunlap stated that he, too, is concerned with many of the issues that have been raised and assured the Commission that they will be more fully addressed in future submittals. Responding to Commissioner Krauss, Mr. Dunlap stated the connector trails through this development to the regional park and the post office will take shape as the exact locations of the streets and lots are identified. He suggested that the buffer zone along the major streets include mounding, landscaping and varying trail systems and sidewalk. Director of Public Service Arkell noted that under the City's ordinances, the City will be responsible for maintenance of the sidewalks adjacent to the arterial streets, which include North 27th Avenue, West Oak Street and Baxter Lane in this instance. She then stated that traffic calming will be carefully considered, particularly on North 27th Avenue and Davis Lane, to ensure safe pedestrian access to the 100- acre park and Rose Park. Commissioner Kirchhoff expressed his interest in seeing the accesses to the trail system widened and the trail located in a minimum 25-foot corridor. Responding to questions from Commissioner Kirchhoff, Mr. Dunlap indicated that over 7 acres has been proposed as parkland within this subdivision; and 70 percent of that acreage is currently fronting on a street. Further responding to Commissioner Kirchhoff, Mr. Dunlap stated that the new requirement for 10 percent of the lots to be of restricted size will be more than met in Phase I because of Mr. Squires's project being relocated to this subdivision. Mr. Russ Squires reminded the Commission that he had initially proposed to construct his 72-unit project on 9 acres located across Haggerty Lane from the Comstock Apartments, but this subdivision provides an opportunity to integrate his project into a neighborhood. His decision to relocate the project has resulted in a one-year delay in obtaining tax credits from the Montana Board of Housing; however, he feels the benefits are worth the delay since his tax credit application will score higher in this new location. He noted that the senior housing project planned for a portion of the subdivision will complement this project. Responding to Commissioner Kirchhoff, Mr. Clint Litle confirmed that alignment of the streets through this subdivision align with those streets in both the proposed Baxter Square Subdivision and the Harvest Creek Subdivision. Also, the street locations are dictated, to a certain extent, by the locations of the water and sewer utilities. Further, the streets are designed to be curvilinear to create a traffic calming effect. He then agreed with Commissioner Kirchhoff that additional traffic calming, such as slightly elevated pedestrian crossings of a different color, could be beneficial. Responding to questions from Mr. Dunlap, Commissioner Youngman noted that once a formal application is submitted, Commissioners cannot individually talk to the applicant about the project. She noted, however, that the applicant can work with staff; and staff can talk to the Commissioners if necessary. 02-09-04 ... - ___u._____._ -----.--... - 7 - Mayor Cetraro thanked Mr. Dunlap for the opportunity to conduct an informal review of this revised proposal. Recess. 4:55 p.m. Mayor Cetraro recessed the meeting at 4:55 p.m., to reconvene at 6:00 p.m. for the purpose of conducting the scheduled public hearings and completing the routine business items. Reconvene - 6:00 p.m. Mayor Cetraro reconvened the meeting at 6:00 p.m. Informational presentation re unified development ordinance. Associate Planner Saunders Associate Planner Chris Saunders distributed a copy of his power point presentation for this session noting it pertains to the review procedures. He noted that significant changes in the subdivision review process include standardized timelines based on working days. Also, the Planning Board will conduct reviews, not public hearings; and the recommendation of the Board is to be based on whether or not the proposed subdivision is in compliance with the City's growth policy. He stressed that this change, and others which removed much of a planning board's discretionary authority, were implemented by the Legislature during the last session. Associate Planner Saunders noted that under the unified development ordinances, all policy decisions and subdivisions are subject to Commission action; mechanical actions that follow the rules go to the Planning Director, a change that ripples throughout the document. Also, the level for staff review is now twice as high as it was, which should result in expediting the review process. Any appeal of a staff decision goes to the Design Review Board and then the City Commission. The Associate Planner noted that a Wetlands Review Board has been created; and its focus is on the factual, rather than being opinion or belief oriented. The Board is designed to fill in where the Army Corps of Engineers has pulled back; and their role is simply to assist and recommend, with no decision- making authority. He stressed that this Board will review only a percentage of applications submitted, and their role is built into the existing timeline rather than extending the timeline. Associate Planner Saunders stated that major and minor site plans have been combined, and the trigger to require Commission action is the request for a deviation, variance or cash-in-lieu of parkland dedication. The master site plan procedure has been added as an optional step, triggered by the performing arts center project. He noted that this procedure allows for coordinating of multiple lots and multiple ownerships for complex projects with longer build-out periods. Planning Director Andy Epple stressed that the level of entitlement under the master site plan review process should be directly proportional to the level of detail provided. The Associate Planner noted that reuse/redevelopment projects are now subject to a shorter review period, and limited site improvements can be required without triggering a full site plan review process. He cautioned that this provision does not apply to signage; and any request for deviations will trigger the more formal review process. Associate Planner Saunders stated that the appeals procedure has been significantly changed, with some of those elements resulting from State statute and some from the new unified development ordinance. He briefly highlighted those changes, including the timelines in the appeal process. The Associate Planner then turned his attention to the criteria for considering zoning variances, cautioning that those are set forth in State statute along with the requirement for super-majority vote to approve. Subdivision variances, on the other hand, are subject to criteria with broader language and can be approved by a simple majority vote. 02-09-04 -- - ---------... --..--..-- __.__ .__n.__._._.... ___ --.----.-- - 8- Associate Planner Chris Saunders stated the process for initiating zone map amendments and zone text amendments is essentially the same. Changes include authorization for the City Manager to initiate changes; and if a large area of property is to be rezoned, at least 51 percent of the owners must sign the application. The Associate Planner noted that the provisions for noticing have been consolidated in one chapter, with some minor changes in requirements to standardize those requirements as much as possible. Also, some changes have been made in the violations section, to include the option of filing a statement of non- compliance on properties where the owner fails to bring it into compliance. Responding to Acting City Manager Brey, Mayor Cetraro stated he feels the Commission has received an adequate overview of the unified development ordinance with these informational sessions. He then expressed his intent to submit his comments in writing; the Acting City Manager noted a Commission discussion on the new code can be scheduled for an upcoming meeting. Break ~ 6:55 to 7:00 p.m. Mayor Cetraro declared a break from 6:55 p.m. to 7:00 p.m. to prepare for evening session. Public comment Ms. Kala French, MSU student, gave a power point presentation in which she expressed concerns about the safety of vehicles traveling along streets in Bozeman. Since she is a student living on campus, she noted that many of her concerns revolve around the plowing of South 8th Avenue, particularly where the snow is plowed onto the median with the result being an ice shelf that pushes motorists close to the cars parked along the curb. Also, given the amount of snow that has been received this winter, cars are parked up to two feet from the curb, further reducing the width of the driving lane. The snow plowing has also blocked sidewalks, creating safety issues for pedestrians as well. Ms. French suggested that, if the City cannot afford to put more plows on the street, one alternative might be to implement an "adopt a street" program under which citizens with plows on pickups could assist the City by dropping their plows as they travel around the community. She concluded by encouraging the City to address these safety issues. Mayor Cetraro thanked her for her good presentation. Public hearina - variances from various zonina reaulations on Lot 14. Block 5. Brentwood Subdivision. Phase II. to allow continued existence of concrete pad structure that encroaches 15 feet into reauired 15-foot front yard setback and encroaches 5 feet into 5-foot side yard setback: to allow parking of recreational vehicle in reauired side and front yards: to allow driveway to be closer than 5 feet from the side property line: to allow parkina of vehicles in reauired side and front yards: and to allow reauired side yard that does not have at least 75~percent coveraae with natural arass. vegetative aroundcover or other naturallivina plant materials - Kyle and Vanessa McMurray for Ray Padilla (1010 Mountain Ash Avenue) (C-04001) This was the time and place set for the pUblic hearing on the application submitted by Kyle and Vanessa McMurray for Ray Padilla under Application No. C-04001, for variances from various zoning regulations on Lot 14, Block 5, Brentwood Subdivision, Phase II, as follows: (1) from Section 18.16.050.A.1., to allow continued existence of a concrete pad structure that encroaches 15 feet into the required 15-foot front yard setback; (2) from Section 18.16.050.A.3., to allow continued existence of a concrete pad structure that encroaches 5 feet into the 5-foot side yard setback; (3) from Section 18.38.030.C.1., to allow parking of a recreational vehicle in the required side and front yards; (4) from Section 18.44.090.E.2., to allow the driveway to be closer than 5 feet from the side property line; (5) from Section 18.46.01 O.E., to allow parking of vehicles in the required side and front yards; and (6) from Section 18.48.050.A., to allow a required side yard that does not have at least 75-percent coverage with natural grass, vegetative groundcover or other natural living plant materials. The subject property is located at 1010 Mountain Ash Avenue. 02-09-04 - ___ m____.________ - 9 - Mayor Cetraro opened the public hearing. Associate Planner Jody Sanford presented the staff report. She stated that Kyle and Vanessa McMurray, former owners of the subject property, poured the concrete pad approximately two years ago. That pad encroaches into the side yard and front yard setbacks and, given the amount of area it covers, results in the landscaping requirements not being met. The issue has come to staff's attention through the neighbor to the south filing a complaint. Associate Planner Sanford stated that staff has reviewed each of the six requested variances in light of the three criteria established by the Montana Supreme Court, and staff's comprehensive findings are contained in the written staff report. As a result of that review, staff has been unable to find that any of the six requested variances meets the criteria; and staff has forwarded a recommendation for denial with the requirement that those sections of the concrete pad encroaching into the side and front yard setbacks be removed within six months. She concluded by noting that staff has received three letters, all in opposition to the variances. Mr. Kyle McMurray, former owner, stated that, at the time they purchased this home, they had four older teenagers at home, each driving a vehicle. As a result, they parked their cars on the street, which annoyed the neighbor that's now complaining about the concrete pad. Those teenagers grew older and moved out so that last year only one remained at home. Mr. McMurray stressed that they had no intent of doing anything underhanded when they installed the concrete pad, noting that he can point to several other houses in the immediate area with similar pads. He stated that it never crossed his mind that pouring a pad adjacent to his driveway would violate codes; he simply felt it would be cleaner and neater than having so many vehicles parked on the street. He indicated that, when the boat was parked on the pad, it was parked neatly; and if he came home late at night, he parked the boat on the street for the night so he didn't disturb the neighbor. Mr. McMurray stated that when Mr. Padilla and his wife were considering purchase of this home, he cautioned that the concrete pad was an issue. He then noted that Mr. Evans was living in his home when they purchased the property and when they installed the concrete pad. Since the family did the pad, digging the area out by hand, it took quite some time; and during that time, Mr. Evans did not approach them about his concerns. Mr. John Robert Evans, neighbor to the south, stated that when the concrete pad project was undertaken, he was unsure what effect it might have on his property. He noted that it has been a great bother and nuisance to him; and he believes it has devalued his property. He suggested that six violations of the zone code speaks for itself and encouraged the Commission to deny the requested variances, with the property being returned to its previous state. Mr. Ray Padilla, current owner, noted that the concrete pad was a selling point for him; however, he noted that Mr. McMurray had cautioned that it may not be allowed to stay. He indicated that he will not be parking a recreational vehicle on the pad; but he would like to have the pad remain. Responding to Commissioner Hietala, Mr. McMurray indicated the garage is located approximately 12 feet from the property line; and the concrete pad extends from the original driveway to the property line. He stated there is no access to the rear yard; and a linear park is located adjacent to his rear lot line. He indicated that the remainder of the yard is nice, but he was unable to grow grass in the area that is now a pad. Responding to Mayor Cetraro, Associate Planner Sanford confirmed that parking is allowed in the rear yard and noted it is unfortunate there is no access to the rear yard of this property. She noted that when Brentwood Subdivision was developed, an 8-foot side yard setback was required; that setback has now been reduced to 5 feet. She stated staff's recommendation is that only that portion of the concrete pad located within the required setbacks be removed, with the remainder being allowed to stay. Responding to questions from Commissioner Kirchhoff, the Associate Planner stated that all six variances are tied together; and denial of anyone of them will trigger enforcement action if a vehicle is parked within the front and side yard setbacks. She acknowledged that no permits are required for concrete pads, so residents don't always check on code requirements before undertaking installation. 02-09-04 ------- -----.--.------.--------- .- - __.n _n___..._._____. ._. _ ---.-.---..----...-- -------...-.-.. - - 10- Mr. Kyle McMurray noted that a quaking aspen tree is located in the boulevard directly in front of the concrete pad, thus requiring any vehicle parked on the pad to be angled in from the driveway. Mr. John Robert Evans expressed concern that people walk on his lawn when a vehicle or recreational vehicle is parked on the concrete pad; and that has a detrimental effect on his grass. Also, if the wheels of the vehicle happen to go off the concrete pad, they could impact his irrigation system. Responding to Commissioner Hietala, Planning Director Epple stated that a concrete pad is considered a structure under the definitions in the City's zone code; thus it is subject to all applicable setback requirements. Commissioner Hietala stressed that, if the Commission does not allow this concrete pad to remain, it would be unfair to allow others in the area to remain. He suggested that the inability to access the rear yards of these properties could provide some basis upon which to provide for relaxation of the code requirements. Commissioner Kirchhoff stated that, while he agrees with staff's recommendation for denial of the variances, he is concerned about adding enforcement to the decision. He recognized that if a sliver of the pad is all that remains, it will be unusable, and suggested that requiring a 2-foot reduction along the side of the pad may be adequate. Commissioner Youngman stated the criteria for granting a variance are not met; and there are no physical hardships involved since this is a flat typical lot. As a result, she cannot support the requested variances. She then noted that failure to approve the requested variances will automatically trigger code enforcement. Acting City Manager Ron Brey observed that denial of the variances without the requirement to demolish that portion of the pad within the setbacks has the same effect as approving the variances. Commissioner Krauss noted that he does not find anyone at fault for the code violations; however, he finds no basis for approving the requested variances. He stated there are many lots in the community without alleys or access to the side yard. He concluded by indicating he cannot support this request. Mayor Cetraro concurred with many of the Commissioner comments; however, he suggested that approving the variances in this growing community could help to alleviate congestion on the streets. Commissioner Kirchhoff stated that he would like to find a way to allow the concrete pad to remain; however, he agrees with Commissioners Youngman and Krauss that there is no basis on which to approve the requested variances. Commissioner Hietala voiced his preference for approving the requested variances, particularly since the result would be to relieve congestion on the street. He suggested that the inability to access the rear yard and the limited ability to access the side yard are adequate hardships on which to base approval. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the application submitted by Kyle and Vanessa McMurray for Ray Padilla under Application No. C-04001 , for variances from various zoning regulations on Lot 14, Block 5, Brentwood Subdivision, Phase II, as follows: (1) from Section 18.16.050.A.1., to allow continued existence of a concrete pad structure that encroaches 15 feet into the required 15-foot front yard setback; (2) from Section 18.16.050.A.3., to allow continued existence of a concrete pad structure that encroaches 5 feet into the 5-foot side yard setback; (3) from Section 18.38.030.C.1., to allow parking of a recreational vehicle in the required side and front yards; (4) from Section 18.44.090.E.2., to allow the driveway to be closer than 5 feet from the side property line; (5) from Section 18.46.01 O.E., to allow parking of vehicles in the required side and front yards; and (6) from Section 18.48.050.A., to allow a required side yard that does not have at least 75-percent coverage with natural grass, vegetative groundcover or other natural living plant materials, be approved. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Hietala and Mayor Cetraro; those voting No being Commissioner Krauss, Commissioner Youngman and Commissioner Kirchhoff. 02-09-04 ------------ ---- __n..._______ -.------- _n." __..._.________________ - 11 - Public hearina - Modifications to Maior Site Plan with Certificate of Appropriateness for new Bozeman Public Library - modification to preliminarily approved buildina elevations and reauest for removal of Condition No.4 pertainina to reauirement for installation of seatina areas adiacent to trail svstem on southeast side of buildina - portion of Block C. Rouse's Addition: portions of Blocks B. C. E and F. Rouse's Second Addition: portions of East Babcock Street. East Olive Street and East Curtiss Street. Ivina between the east line of South Wallace Avenue and South Ida Avenue: and portions of South Ida Avenue lying between the south line of East Main Street and the south line of East Curtiss Street - Overland Partners (626 East Main Street) IZ-03246) This was the time and place set for the public hearing on the request submitted by Overland Partners under Application No. 2-03246, for modifications to the conditions of approval for the Major Site Plan with Certificate of Appropriateness for new Bozeman Public Library to allow for modifications to preliminarily approved building elevations and to request removal of Condition No. 4 pertaining to requirement for installation of seating areas adjacent to trail system on southeast side of the building to be constructed on a portion of Block C, Rouse's Addition; portions of Blocks B, C, E and F, Rouse's Second Addition; portions of East Babcock Street, East Olive Street and East Curtiss Street, lying between the east line of South Wallace Avenue and South Ida Avenue; and portions of South Ida Avenue lying between the south line of East Main Street and the south line of East Curtiss Street. The subject property is located at 626 East Main Street. Acting City Manager Ron Brey noted that the requested modifications include removal of the tower on the north end of the new library building and the elimination of Condition NO.4 in the original conditions, which reads "Seating areas shall be installed adjacent to the trail system on the southeast side of the building." Mayor Cetraro opened the public hearing Planning Director Andy Epple presented the staff report on behalf of Associate Planner Jami Morris. He stated that staff and the Design Review Board have reviewed the requested modifications and have forwarded a recommendation for approval. He noted that, since the Commission approved the initial project, he did not feel he could approve the requested modifications administratively; thus, the request is now before the Commission. Mr. Mark Hedley, Overland Partners, stated the Design Review Board enthusiastically endorsed the requested modifications during review of this application. He noted that the tower was not a part of the original design; rather, it crept into the design as efforts were aggressively made to set new standards and reach excellence on many different levels. The result was a project well over budget, and strategies are now being employed to reduce the costs. To bring the project into line with the budget, the size of the structure is being reduced from 53,000 square feet to 50,000 square feet. Also, invisible changes in the structure, mechanical system, electrical system and materials used have helped to lower the costs. The elimination of the north tower can now be undertaken without impacting the exhausting system since the tower on the west side will be used for night flushing and air exchange. Mr. Hedley distributed a handout, noting the rendering shows the building with the tower removed. He stated that ifthe tower had remained, it would have exceed the height limitation and would have blocked much of the view of the Bridger Mountains from one of the major reading rooms. The design as now proposed is below the height limit and provides a cleaner, more timeless, appearance. He then noted the second page of the handout identifies the location of the outdoor seating area. He noted that this area, which faces the most beautiful part of Lindley Park, was never in the library's plans; it was a condition added by the Design Review Board. While he supports the concept of the seating area, it is not within budgetary constraints. As a result, he asked that the requirement be deleted, but noted that it will be one of the first things considered for addition if monies are available. Responding to Commissioner Hietala, Mr. Hedley stated the outdoor seating was never in the budget; and removing the north tower will save an estimated $80,000 to $100,000. He then indicated that construction documents are currently scheduled to be ready for bidders on February 18; construction bids are to be received and opened on March 11; and the award is to be made on April 12. Construction should then begin in May, with opening of the new library in late 2005. No one was present to speak in opposition to the requested modifications. 02-09-04 ---...-.-- _____n__.__ - 12 - Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the request submitted by Overland Partners under Application No. Z-03246, for modifications to the conditions of approval for the Major Site Plan with Certificate of Appropriateness for new Bozeman Public Library to allow for modifications to preliminarily approved building elevations and to request removal of Condition NO.4 pertaining to the requirement for installation of seating areas adjacent to the trail system on the southeast side of the building to be constructed on a portion of Block C, Rouse's Addition; portions of Blocks B, C, E and F, Rouse's Second Addition; portions of East Babcock Street, East Olive Street and East Curtiss Street, lying between the east line of South Wallace Avenue and South Ida Avenue; and portions of South Ida Avenue lying between the south line of East Main Street and the south line of East Curtiss Street, be approved, with the revised conditions of approval to read as follows: 1. The formal plaza and trail plan shall be submitted to ORB for review and approval. 2. Exterior lighting for the site shall be submitted for ORB review and approval. 3. A darker exterior brick color shall be used to contrast from surrounding development. 4. The applicant shall investigate EPA 319 funding for alternatives for the stormwater retention/detention. 5. The applicant shall utilize the same manufacturer, style and lamp as provided with the downtown streetscape project without the banner arms and plant supports. In addition, the fixture shall incorporate an internal shield to deflect light down so not to detract from driver visibility, the poles shall be placed 2 feet from the back of curb to the center of the pole, and the lights shall be evenly spaced at a rate of one light for every 50 feet of street frontage, excluding the drive access. All of the above- mentioned specifications shall be noted on the final site plan. 6. A shared parking/access agreement, with the property owner to the west, shall be submitted with the final site plan. Upon approval by the Planning Office, the document must be recorded at the Gallatin County Clerk and Recorder's Office. 7. The applicant must submit seven (7) copies of a final site plan within 6 months of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. 8. A building permit must be obtained prior to the work, and must be obtained within one year of final site plan approval. Building permits will not be issued until the final site plan is approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of the final site plan, including excavation and footing preparation, but NO CONCRETE MAYBE POURED UNTIL A BUILDING PERMIT IS OBTAINED. 9. A Sign Permit Application shall be reviewed and approved by the Planning Office prior to the construction and installation of any signage on-site in accordance with Section 18.65 of the City of Bozeman Zoning Ordinance, including contractor, real estate and lending institution signs temporarily posted on-site during and after construction of the building. 10. The final site plan shall be adequately dimensioned. 11. 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. A stormwater easement must be established on the adjacent property and filed with 02-09-04 ------.--- .. n_______ - 13 - the County Clerk and Recorder's Office for the retention pond and discharge course if located off the subject property. 12. Plans and specifications for any water, sewer and/or storm sewer main extensions, and public or private streets (including curb, gutter and sidewalks) prepared by a professional engineer (PE) shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Specific comments regarding the existing and proposed infrastructure shall be provided at that time. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre-construction conference has been conducted. No building permits will be issued prior to City acceptance of the infrastructure improvements. 13. Plans and specifications for any fire service line must be prepared in accordance with the City's Fire Service Line Policy by a professional engineer (PE), and be provided to and approved by the City Engineer prior to initiation of construction of the fire service or fire protection system. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. 14. Easements for the water and sewer main extensions shall be a minimum of 30 feet in width, with the utility located in the center of the easement. In no case shall the utility be less than 10 feet from edge of easement. 15. 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. 16. The location of existing water and sewer mains shall be properly depicted, as well as nearby fire hydrants. Proposed main extensions shall be labeled "proposed". 17. The drive approach shall be constructed in accordance with the City's standard approach (Le., 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. 18. Typical curb details (Le., 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. 19. Flood plain: a. A Flood Plain Development Permit must be obtained from the City Engineer prior to final site plan approval. b. The 100-year flood plain boundary and flood elevations must be depicted on the final site plan. 20. The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality and Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to final site plan approval. 21. All existing utility and other easements must be shown on the final site plan. 22. 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). 02-09-04 _... n__.__ ._,,_ .___. _n_____.___._ ____n.._______ .-----.-- ----..-..-..-.----------- -.------..--- --.----...------.----. -.- ..- - 14- 23. Drive approach and public street intersection sight triangles shall be free of plantings which at mature growth will obscure vision within the sight triangle. 24. An Occupancy Permit must be obtained from the Montana Department of Transportation for location of water and sewer mains and services within the State's right-of-way. An access permit must be obtained for the drive approach onto East Main Street. 25. If construction activities related to the project result in the disturbance of more that 5 acres of natural ground, an erosion/sediment control plan may be required. The Montana Department of Environmental Quality, Water Quality Bureau, shall be contacted by the applicant to determine if a Stormwater Discharge Permit is necessary. If required by the WQB, an erosion/sediment control plan shall be prepared for disturbed areas of 1 acre or less if the point of discharge is less than 100 feet from State waters. 26. The remediation project must be completed and accepted by the DEQ prior to initiation of any construction activities on the site. 27. The drive approach onto South Wallace Avenue must be moved to the south to meet the minimum required separation distance from East Curtiss Street of 80 feet. 28. South Wallace Avenue shall be fully improved including curb, gutter, sidewalk on the east side, and asphalt from East Curtiss Street through the south side of the proposed access. A gravel temporary cul-de-sac shall be installed at the end of South Wallace Avenue. 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. Executive session re litiaation At 8:03 p.m., Mayor Cetraro announced that, pursuant to Section 2-3-203(4)(a), Montana Code Annotated, and the Montana Supreme Court rulings, he, as presiding officer, has determined that the discussion of strategy to be followed with respect to litigation in open meeting would have a detrimental effect on the litigating position of the City. He then called an executive session for the purpose of discussing litigation strategy and requested that all persons except the Commissioners, Acting City Manager, City Attorney, Attorney Bob Planalp and the Clerk leave the room. At 8:50 p.m., Mayor Cetraro closed the executive session and reconvened the open meeting. Continued discussion re selection Drocess for new City Manager Human Resources Director Pattie Berg suggested that, if possible, the Commission finish its screening tool and develop the interview questions. Acting City Manager Ron Brey stressed the importance of the screening tool, noting that it is the only tool the Commissioners use to whittle down the entire set of applications to the set of finalists to be brought in for interviews. Commissioner Youngman stated it is important for the Commissioners to have an opportunity to meet and discuss their top choices and to have the ability to discuss those on which not a majority agrees and possibly convince the others to leave the applicant in the pool. Commissioner Krauss expressed his concurrence, noting it is important that each Commissioner be given an opportunity to argue for his or her flyers. He then acknowledged it is possible the Commission 02-09-04 --------.- -....----.-.----.- - 15 - may find it has more applicants on which a majority agree than is determined desirable to go into the next round. The Commissioners turned their attention to the February 6 draft of the screening tool, as prepared by Human Resources Director Berg based on Commission discussion, Commissioner input and class specification. On the third criteria, the Commissioners concurred the term "City government" should be changed to "local government." The Commissioners also agreed that the criteria pertaining to management style should be divided, with four bulleted points to be assessed. They also agreed that a new category should be added at the end, simply titled "Other", under which the Commissioners can identify any other points. The Commissioners then addressed the assessment rating. After discussion, it was determined a numeric scale, from 0 to 4, is to be used in screening of the applications. Human Resources Director Berg noted that the third column on the form provides a space for screener comments, and suggested that transferable skills could be identified in that column. The Commissioners agreed on the screening tool as revised. Human Resources Director Pattie Berg asked the Commissioners to turn to the February 2004 listing of draft interview questions. The Commissioners went through each question individually, determining whether to keep, modify or drop it. As a result of that discussion, the Commissioners identified sixteen questions to potentially be included in the interview tool. They also discussed various technical competencies to be discussed in the interview, particularly since the interview will be the only glimpse that many members of the pUblic will have of the candidates. The Commissioners also agreed that the typical closing questions should be included in the interview. Human Resources Director Pattie Berg stated she will draft a revised interview document for Commissioner review and consideration at an upcoming Commission meeting. Acting City Manager Brey asked the Commissioners to carefully review the proposed interview questions, looking for any gaps that may result from this discussion. Discussion. FYI Items The following "For Your Information" items were forwarded to the Commission. (1 ) Letter from Daryl Bertelsen, owner of 1505 South Black Avenue, dated February 1, expressing adamant opposition to the rezoning of his property from R-3 to R-1. (2) Information on the Montana on the Move Statewide Roundtable scheduled for March 6 at the University of Montana. Acting City Manager Brey stated that the those involved in identifying statewide economic development issues have determined the seven largest cities in Montana are the major economic engines in the state; and they feel that pulling representatives from those communities together to talk will be beneficial in setting a statewide policy agenda. Each of the communities has been asked to send four people to the roundtable in Missoula on March 6; and one of the final thoughts at the meeting in Butte was that a County Commissioner could be beneficial. In addition, he has identified MSU, the hospital and business as key players, as well as a City Commissioner. Unfortunately, it is not possible to accommodate all five of those players with only four appointees unless one person can represent two entities. He expressed a willingness to serve as the contact person if the Commission so desires. The Commissioners concurred in appointing Commissioner Krauss to serve as the Commission's representative. They also identified the business community, MSU and Gallatin County as the other entities for which representation should be sought, and indicated they will allow each group to identify its representative. (3) Agenda for the School District Board of Trustees meeting to be held at 7:00 p.m. on Monday, February 9, at the Willson School. 02-09-04 _._...._--_._--_._~ -....-. ...-------.- ------..-...------.-- --~.._- - 16 - (4) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, February 10, at the Courthouse. (5) Agenda for the Gallatin County Planning Board meeting to be held at 6:30 p.m. on Tuesday, February 10, at the Courthouse. (6) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, February 10, at the Professional Building. (7) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, February 10, at the Professional Building. (8) Agenda for the Cemetery Board meeting to be held at 1 :00 p.m. on Thursday, February 12, in the Commission Room. (9) Newsletter from Headwaters Recycling announcing that the next meeting is scheduled for Thursday, February 12, at Three Forks. (10) Memo from Deputy Clerk of the Commission Karen DeLathower, dated February 9, forwarding inquiries from Ms. Arlene Bursheim about a public transportation system and GalaVan. (11) Acting City Manager Brey noted that, since this time last year, former City Manager Clark Johnson has been working on a plan to move the City Attorney offices and the Building Inspection Division to the second floor of the Professional Building. As a result, tenants of the second floor have been on a month-to-month rental; and the City's rental revenues have decreased from $90,000 annually to $35,000 annually. Unfortunately, the cost estimates for the remodel are staggering; and he feels it would be beneficial for the Commission to tour the facility and listen to a presentation from Superintendent of Facilities and Lands James Goehrung. He asked that the Commission consider a special meeting at 6:00 p.m. next Tuesday for that tour; the Commissioners agreed. Responding to Commissioner Youngman, the Acting City Manager indicated that, if the City decides to proceed with the construction of a new City Hall, it can recover the costs of the remodel when it sells the Professional Building. (12) Acting City Manager Brey announced that PBS will be airing a program on the Great Falls proposal to purchase an electrical utility, entitled "Break Away Utility Districts," next Thursday at 7:00 p.m., on Saturday at 5:00 p.m. and on Sunday at 9:30 a.m. (13) Commissioner Kirchhoff noted that Aida Murga has written a letter to the Commissioners asking that she be given permission to help plant trees in public places. Commissioner Youngman suggested that she be directed to contact the Tree Advisory Board before the Commission takes action on her proposal. (14) Commissioner Krauss announced that he will be out of town for the March 22 Commission meeting. (15) Commissioner Youngman recognized the Commission has no discretion in acting on temporary beer licenses. She asked, however, that applicants be asked to look at how they plan to reduce underage drinking at their events and offered free server training approved by the Department of Revenue. Adiournment - 11 :20 D.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, Commissioner Youngman and Mayor Cetraro; those voting No, none. 02-09-04 ----- ------- .......--.---- ---.- _.,,_.________._ ._..._____._.___....._".._ _._.___.n.. . ____". .._. un_ .__.._._.__,,_ - 17 - ATTEST: ~y~ RO IN L. SULLIVAN Clerk of the Commission 02-09-04