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HomeMy WebLinkAbout2003-09-22 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA September 22, 2003 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, September 22, 2003, at 3:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner Marcia Youngman, Commissioner Lee Hietala, Commissioner Jarvis Brown, Commissioner Andrew Cetraro, City Manager Clark Johnson, Director of Public Service Debbie Arkell, Planning Director Andy Epple, Staff Attorney Patricia Day-Moore and Clerk of the Commission Robin Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - Januarv 18. 2000. and June 10. Julv 14. August 11. SeDtember 2. SeDtember 10 and SeDtember 15. 2003 It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the minutes of the meetings of September 10 and September 15, 2003, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, and June 10, July 14, August 11 and September 2, 2003 to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Commission Resolution No. 3622 - lewina and assessina liahtina districts for Fiscal Year 2004: set Dublic hearina for October 6.2003 COMMISSION RESOLUTION NO, 3622 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING MAINTENANCE AND ELECTRICAL CURRENT COSTS FOR SPECIAL IMPROVEMENT LIGHTING MAINTENANCE DISTRICTS OF THE CITY OF BOZEMAN. Commission Resolution No. 3623 -Iewina and assessing 2001 Sidewalk Proaram: set Dublic hearina for October 6. 2003 COMMISSION RESOLUTION NO. 3623 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 15, 2000, FOR THE 2001 SIDEWALK PROGRAM, TO DEFRAY THE COST OF CONSTRUCTION OF SAID SIDEWALKS, CURBS, GUTTERS AND ALLEY APPROACHES OR ANY COMBINATION THEREOF. Commission Resolution No. 3624 - lewina and assessing delinauent aarbaae collections for Fiscal Year 2003: set Dublic hearina for October 6.2003 09-22-03 .---.---- ----------....- -------..-----. -.--...--". -- -- - 2 - COMMISSION RESOLUTION NO. 3624 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONT ANA, TO DEFRAY THE COST AND EXPENSE OF COLLECTING, REMOVING AND DISPOSING OF SOLID WASTE. Commission Resolution No. 3625 ~ levvina and assessina delinauent sewer charges for Fiscal Year 2003: set Dublic hearina for October 6.2003 COMMISSION RESOLUTION NO. 3625 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO COLLECT DELINQUENT SEWER CHARGES PLUS COSTS AND EXPENSES INCURRED BY THE CITY OF BOZEMAN, AS PROVIDED FOR IN SECTION 7~13~4309, MONT ANA CODE ANNOTATED. Commission Resolution No. 3626 ~ levyina and assessina delinauent sidewalk reDair charaes for Fiscal Year 2003: set Dublic hearina for October 6.2003 COMMISSION RESOLUTION NO. 3626 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO COLLECT SIDEWALK REPAIR CHARGES PLUS COSTS AND EXPENSES INCURRED BY THE CITY OF BOZEMAN, AS PROVIDED FOR IN CHAPTER 12.20 OF THE BOZEMAN MUNICIPAL CODE. Commission Resolution No. 3627 ~ levvina and assessina delinquent snow removal charaes for Fiscal Year 2003: set public hearing for October 6. 2003 COMMISSION RESOLUTION NO. 3627 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED, TO DEFRAY THE COST AND EXPENSE FOR REMOVAL OF SNOW AND ICE FROM SIDEWALKS IN THE CITY OF BOZEMAN UNDER THE PROVISIONS OF CHAPTER 12.24 OF THE CITY OF BOZEMAN MUNICIPAL CODE. Commission Resolution No. 3628 - adoDtina rules of Drocedure for chanae of names of streets and discontinuance. abandonment or vacation of streets or allevs COMMISSION RESOLUTION NO. 3628 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING A RULE OF PROCEDURE FOR THE CHANGE OF NAME OF STREETS AND THE DISCONTINUANCE, ABANDONMENT OR VACATION OF STREETS OR ALLEYS. Commission Resolution No. 3629 ~ establishina fee schedule for change of names of streets and discontinuance. abandonment or vacation of streets or allevs 09-22-03 - 3 - COMMISSION RESOLUTION NO. 3629 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING THE APPLICATION FEE FOR THE CHANGE OF NAME OF STREETS AND THE DISCONTINUANCE, ABANDONMENT OR VACATION OF STREETS OR ALLEYS. Set interest rate for 2001 Sidewalk Proaram at 2.5 Dercent. Der memo from Administrative Services Director Gamradt dated SeDtember 18. 2003 ADDrove reauest for extension of sewer service outside city limits - Wilda Wheeler. 1409 West Durston Road Authorize City Manager to sign - Amendment No. 1 to Professional Services Aareement for West Babcock Street imDrovements - Morrison-Maierle. Inc.. Bozeman. Montana Authorize City Manaaer to sian - AcceDtance of Storm Sewer PiDeline Access Easement and Aareement - Roaer H. Smith and Rosalind I. Smith - 20-foot- wide easement across Lot 5. Annie Subdivision. Phase II (for Castlebar ADartments. Phase II) Authorize City Manaaer to sian - Conciliation Agreement in Case HR No. 0037010216 before the DeDartment of Labor and Industry (Rilev v Bozeman) Award bid - one new triDle combination DumDer truck for Fire DeDartment - Huahes Fire EauiDment. Inc.. SDrinafield. Oreaon - in the bid amount of $384.272.00 Claims It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. Reauest to amend caDital imDrovement Droaram to include traffic sianal at the intersection of Huffine Lane and Cottonwood Road in the five-year Dlan Included in the Commissioners' packets as a memo from City Engineer Rick Hixson, dated September 16, forwarding a request from Mr. Chuck Hinesley, developer of the Laurel Glen Subdivision, that the traffic signal at the intersection of Huffine Lane and Cottonwood Road be added to the five-year capital improvement program for street impact fees. Director of Public Service Debbie Arkell reminded the Commissioners that during budget discussions, Mr. Hinesley asked that the traffic signal at the intersection of Huffine Lane and Cottonwood Road be added to the five-year capital improvement program so that he could request impact fee credits to help reimburse him for the costs of that installation. She noted that the conditions for approval of Laurel Glen Subdivision include the installation of the traffic signal before the final plat for the subdivision can be filed; and Mr. Hinesley has chosen to undertake that installation rather than waiting for the City or the Montana Department of Transportation to do so. She indicated that the impact fee program allows for credits when the project is on the five-year work program; but this signal is not currently on the list. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the request be approved by amending capital improvement program to include traffic signal at the intersection of Huffine Lane and Cottonwood Road in the five-year plan. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. 09-22-03 -.-------------...----.-------...--.------.-----------.-------------- - 4 - Reauest for impact fee credits - City of Bozeman Enaineerina Department. Rouse Avenue sewer replacement Included in the Commissioners' packets was a memo from Associate Planner Chris Saunders, dated September 16, 2003. Associate Planner Saunders stated bids have been received for the Rouse Avenue sewer replacement, which is a capacity-expanding project being funded in part through EPA grant monies and in part through local match monies. He indicated that the replacement project will increase the size of the sewer line and will increase its capacity up to 95 percent, alleviating many of the constraints on development in the southeast sector of the community. Responding to questions from Commissioner Brown, Associate Planner Saunders stated this project allows the replacement of approximately 9100 feet of sewer main. He indicated that the State intends to rehabilitate North Rouse Avenue within the next couple years; and replacing the sewer main now will ensure the most cost efficient timing for making those improvements. Director of Public Service Debbie Arkell stated that the budget for Fiscal Year 2004, which was approved by the Commission two weeks ago, included monies from the wastewater impact fees to fund the City's 45-percent match for the EPA grant; thus impact fee credits are not needed. She noted that the application for impact fee credits was submitted before the budget was adopted; and its processing was not halted when the budget was adopted. She then asked that the application be withdrawn at this time. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the Commission acknowledge staff's withdrawal of this request. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No, none. Reauest for impact fee credits. Chuck Hineslev. traffic sianal at the intersection of Huffine Lane and Cottonwood Road Included in the Commissioners' packets was a memo from Associate Planner Chris Saunders, dated September 16, 2003. Associate Planner Saunders reviewed his memo, noting that the Commission's action to add the traffic signal to the Capital Improvement Program has removed the constraint identified in his memo. He characterized the traffic signal as capacity expanding, noting that signals tend to be system improvements rather than area improvements. The Planner stated that, in this instance, the applicant requested the project be added to the Capital Improvement Program so it could quality for impact fee credits prior to undertaking the project; however, the budget process took longer than anticipated, so he has done much of the work. As a result, the City may choose to offer the applicant credits even though he cannot request them because of the work already being undertaken. He then reminded the Commission that similar situations have been encountered in the past because of timing issues. Responding to Commissioner Cetraro, Associate Planner Saunders reviewed the three methods of providing credits for impact fees, noting that staff is recommending the applicant be allowed to draw against the value of the credit when requesting building permits, resulting in no monies exchanging hands. Commissioner Brown voiced his support for the requested credits, noting that installation of the traffic signal may help to slow traffic as it enters the city. Mr. Chuck Hinesley acknowledged that installation of the traffic signal at the intersection of Huffine Lane and Cottonwood Road is important. He then noted that the Laurel Glen Subdivision will generate approximately $4 to $5 million in impact fee revenues as it is developed. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the City offer Mr. Chuck Hinesley street impact fee credits for the traffic signal at the intersection of Huffine Lane and Cottonwood Road. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. 09-22-03 - 5 - UDdate from Library Board of Trustees Ms. Brenda Davis, Chair of the Library Board of Trustees, stated that remediation of the site is now 80 percent complete, with no surprises surfacing to date. She noted that remediation should be completed the first week of October, and stated there is nothing new to report on the CALA process at this time. Ms. Davis reported that she has talked to the County Commission about the possibility of funding for the new library and given them a letter regarding funding sources. She noted that 45 percent of the library users are county residents, while the County currently pays 32 percent of the operational expenses and has contributed nothing toward capital expenses over the past several years. She indicated that County Commissioner Bill Murdock will carry the Library Board's request for space at the Logan landfill to the landfill's board for consideration. Ms. Davis turned her attention to the floodplain, noting that members of the Board met with the State Floodplain Administrator and City officials to discuss the possibility that a portion of the new library may lie within the 1 OO-year floodplain. It now appears that little to none of the building will be located within the 100- year floodplain, and additional surveying work to confirm that determination should be completed and a report submitted by mid-week. Ms. Brenda Davis stated the Library Foundation has been working hard to secure funds to meet the anticipated groundbreaking set for next spring. The largest single recent funding source is $350,000 in federal funding, bringing the total pledged to nearly $10 million of the $14 million needed. She noted that the next six months is very important, and the Foundation is running advertisements in the newspaper in an effort to generate interest. She asked that the Commission approve the use of proceeds from sale of the current library bUilding for the new library, closing that gap even further. Ms. Davis noted that the Carnegie Public Library, which cost $15,000 and was completely subsidized by Mr. Carnegie, was opened in 1904; and the City Council provided a site and committed to a 1 mill levy, or approximately $1 ,500 per year, to fund the annual building maintenance and purchase books. In 1979, it was determined a larger library was needed and a $1,460,000 library bond was passed. It was determined the old City Shop property would be a good location for the new library, and $116,250 was transferred from the bond proceeds to reimburse the appropriate funds for that property. The total library project cost $1,522,000, of which $62,000 was private monies. The old library was then converted to offices for City operations until 1998, when the building was sold; but the library did not receive any of those proceeds. She indicated that the library has recently been appraised for $2,040,000; and there are a couple of people interested in acquiring it. The Board is now seeking authorization to enter into a buy/sell for the sale of the building and is also seeking assurance that the proceeds will be earmarked for the new library. Responding to questions from City Manager Johnson, Chair Brenda Davis stated that the Board is seeking authorization to enter into a buy/sell agreement but will not do so until ground breaking is a reality; and any offers will be submitted to the Commission for approval. Commissioner Brown indicated his support for authorizing the Board to pursue disposing of the current property, noting that he feels to do so will remove potential for misunderstanding in the future. Mayor Kirchhoff expressed his discomfort with moving forward at this time. Commissioner Cetraro voiced concern about the potential of getting rid of the current property too soon and indicated that, until he is more comfortable, he is not prepared to support its sale. Commissioner Youngman stated that requiring the offer to be submitted to the Commission for approval provides the assurances she needs. She noted that authorizing sale of the property at this time gives the Board the ability to move forward with negotiations but also gives the Commission the option of saying "no" if the timing is not right. Commissioner Hietala noted that the Board is hesitant to proceed without assurance that monies from sale of the library will be dedicated to the new library; and a motion at this time would provide that assurance. 09-22-03 ------------------------ - - --.----.------------- -------........ - 6- Ms. Jackie McGuire, Treasurer for the library Foundation, stated the Foundation is trying to match funding sources with expenses, and they are seeking Commission determination that the monies from sale of the library will be a part of those funding sources. Staff Attorney Cooper noted that allowing the proceeds to be used for the new library will result in keeping those monies for the same purpose that they were originally approved. He then indicated he feels it would be appropriate to allow the Board to proceed with negotiations for sale of the current property. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Commission authorize the library Board of Trustees to pursue a buy/sell agreement for the current library facility and that the proceeds be utilized for the new facility. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. Commission Resolution No. 3620 - declaring City's intent to sell the Bozeman Armory Included in the Commissioners' packets was a copy of Commission Resolution No. 3620, entitled: COMMISSION RESOLUTION NO. 3620 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING ITS INTENTION TO SELL THE BOZEMAN ARMORY. City Manager Johnson announced that sale of the Bozeman Armory to the City of Bozeman is being heard by the Legislative Committee at 6:00 p.m. today; and will be heard by the Lands Board on October 20, after which it will act on approval of the transaction. He expressed his desire to enter into a buy/sell agreement at this time in an effort to guarantee the City has the property sold for the intent originally discussed. Responding to Commissioner Youngman, the City Manager indicated the process will include a public advertisement and consideration of the responses to that advertisement. He noted that the buy/sell would be conditional on the City's acquisition of the property and would include a deed restriction, as provided in the resolution. He stated that if the performing arts center does not happen, the buyer will need to request lifting of the restriction before using the property for another purpose or reselling it. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that Commission Resolution No. 3620, declaring the City's intent to sell the Bozeman Armory, be adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. Commission Resolution No. 3630 - establishina an affordable housina policy and supersedina previous affordable housing policy Included in the Commissioners' packets was a copy of Commission Resolution No. 3630, entitled: COMMISSION RESOLUTION NO. 3630 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING AN AFFORDABLE HOUSING POLICY FOR THE CITY OF BOZEMAN AND SUPERSEDING THE AFFORDABLE HOUSING POLICY PREVIOUSLY ADOPTED BY COMMISSION RESOLUTION NO. 3037. Commissioner Hietala proposed that Strategy X be amended by adding NO.4 to read "CAHAB shall submit to the City Commission a business plan for approval prior to its implementation." He indicated an alternative might be to revise the language in No. 1 to ensure the business plan is completed prior to implementation of the strategies. 09-22-03 ._ ....__._....__...__..__._.__.u..... - 7 - Commissioner Youngman stated that, since the Community Affordable Housing Advisory Board is an advisory body, the strategies cannot be implemented without the Commission's authorization. She then indicated that a business plan is to be folded into the process under the strategies as proposed. Commissioner Hietala then stated there are some items in the strategies with which he does not agree, such as NO.3 under Strategy III, which limits the ratio of building to lot on restricted size lots. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that Commission Resolution No. 3630, establishing an affordable housing policy, be adopted. It was moved by Commissioner Hietala, seconded by Commissioner Cetraro, that the motion be amended to include a new Item NO.4 under Strategy X, to read "CAHAB shall submit to City Commission a business plan for approval prior to its implementation." The amendment failed by the following Aye and No vote: those voting Aye being Commissioner Hietala and Commissioner Cetraro; those voting No being Commissioner Brown, Commissioner Youngman and Mayor Kirchhoff. The main motion, to adopt Commission Resolution No. 3630, then carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Brown and Mayor Kirchhoff; those voting No being Commissioner Cetraro and Commissioner Hietala. Commission Resolution No. 3621 - levvina and assessina Business Improvement District (BID) for Fiscal Year 2004: set public hearina for October 6.2003 Included in the Commissioners' packets was a copy of Commission Resolution No. 3621, entitled: COMMISSION RESOLUTION NO. 3621 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2004 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. Ms. Marilyn Tracz, former Director of the Downtown Bozeman Partnership, introduced her successor, Paul Reichert. She noted that he has resigned from the business improvement district in Helena and comes to Bozeman with experience in parking structures. Ms. Tracz turned her attention to the budget and work plan for the business improvement district for Fiscal Year 2003-2004. She indicated that the plan is to continue with the projects they have been working on for the past several years. She noted they did a market study on recruiting strategies for the downtown, even though it is presently full. She also indicated that they will be producing a brochure and increasing database capabilities on available buildings. She concluded by noting that a downtown forum was to be held recently, with 100 downtown and government professionals anticipated. Because of the low number of registrations, that forum was cancelled and is being rescheduled for the spring. She concluded by indicating that the revenues from this assessment are to be increased over the next five years, either through an increase in the assessment rate or expansion of the district, to generate additional revenues for the program. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that Commission Resolution No. 3621, levying and assessing Business Improvement District (BID) for Fiscal Year 2004, be provisionally adopted and that the public hearing be set for October 6, 2003. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Break - 4:10 to 4:20 p.m. Mayor Kirchhoff declared a break from 4:10 p.m. to 4:20 p.m., in accordance with Commission policy. 09-22-03 _________n__ _ _________ - .. -.. .---.. .....- _._n.._... .__.__."._._..._..._..._______._..... _ __.._ .__....__._._ . - - 8 - Public review. work plan and budaet for the Tax Increment Financing District (TIF) for Fiscal Year 2004 Included in the Commissioners' packets were copies of the work plan and budget for the Tax Increment Financing District for Fiscal Year 2004. Ms. Marilyn Tracz, former Director of the Downtown Bozeman Partnership, noted that the tax increment financing district was created under the urban renewal plan in 1996, with any increase in property taxes being placed in this fund for infrastructure improvements and public improvements within the district. The district is for a period of eleven years, after which all tax revenues will revert to the respective taxing entities. Ms. Tracz reviewed the work plan and budget for the tax increment financing district for Fiscal Year 2003-2004, noting that the Downtown Bozeman Improvement District Board's (IDB) commitment of tax increment monies toward purchase of bonds for a parking structure as part of the Arts at City Center project is not reflected in the bUdget submitted. As a result, if the parking structure is approved, an amendment to the work plan and budget will be needed. She then reviewed the new items included in the budget, which include alley improvements and public restrooms downtown. Also, monies have been set aside to assist in removal of the mural on the side of the Eagles building adjacent to Soroptimist Park. The flower program and Christmas lights are ongoing projects that have also been funded under this budget. Responding to Commissioner Brown, Ms. Tracz confirmed that the owner of the Eagles building would like to have the mural removed, since water seeps behind the paint and damages the bricks. Ms. Tracz concluded by thanking the City Commissioners and staff for their support, both personally and professionally; Mayor Kirchhoff thanked Marilyn Tracz for her work and her dedication to the downtown. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the work plan and budget for the Tax Increment Financing District for Fiscal Year 2004 be approved. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. Commission Resolution No. 3631 . expressina support for national forest manaaement that protects and maintains wilderness aualities of the Gallatin National Forest Included in the Commissioners' packets was a copy of Commission Resolution No. 3631, entitled: COMMISSION RESOLUTION NO. 3631 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA TO SUPPORT NATIONAL FOREST MANAGEMENT THAT PROTECTS AND MAINTAINS WILDERNESS QUALITIES OF THE GALLATIN NATIONAL FOREST. City Manager Johnson noted the Commissioners previously received a presentation on this issue, and the requested resolution is now before them for consideration. Mr. Jim Devitt, Forest Planner for the Gallatin National Forest, noted the forest plan update is a comprehensive document which identifies travel planning and recreational uses allowed within the forest. He cautioned that the resolution, as currently written, does support one of the six alternatives proposed and questioned if that is the Commission's intention. He stated that road less lands in the Gallatin National Forest are located outside wilderness areas. He noted that the forest lands have trails, many of which are open to motorized use; and approving this resolution gives the indication that the Commission does not want that use. Respond i ng to Com missioner You ngman, Mr. Devitt stated the Gallati n National Forest has 600,000 acres of road less land, and the study area contains approximately 135,000 acres. He then reiterated his caution that adopting the resolution as written supports only one alternative. 09-22-03 - 9- Responding to Commissioner Brown, Mr. Devitt stated it is not the intent of the travel plan to add new roads; rather, it is the Forest Service's intent to have a variety and diversity of uses. He then noted that the resolution as written indicates no motorized uses in road less areas, many of which have trails. Commissioner Cetraro stated he has not seen the six alternatives contained in the travel plan and, as a result, is uncomfortable acting on this resolution. Commissioner Hietala noted that, as described, most recreational uses are not allowed under Alternative NO.6. Ms. Alex Phillips, Montana Wilderness Association and Friends of the Gallatin Forest, noted the resolution specifically states that it does not support any particular alternative, and could be satisfied by Alternative Nos. 3, 4, 5 and 6. She cautioned that it may take three to six years to evaluate the study area, and if steps are not taken to protect it during that study period, its character may be lost. She stressed the importance of acting now to protect the remaining wilderness quality of lands around Bozeman, noting that losing them will have impacts on the economy of the community. Ms. Cathy Weeden, Friends of the Gallatin Forest, encouraged the Commission to adopt the resolution as submitted, noting it addresses economic issues, quality of life issues, clean water and other issues very important to the City and its residents. Ms. Anne Banks, 7 Hill Street, expressed her support for the resolution, noting she is interested in protecting the integrity of the lands around Bozeman. She noted the plan will be in effect for the next fifteen years, and it is important to consider the impacts that increases in population and attendant demands will have on the forest lands around the community. Mayor Kirchhoff indicated he would be willing to drop the last sentence from the resolution. Commissioner Brown agreed that the last sentence should be eliminated and identified three grammatical issues that he feels should be addressed. He then indicated that, while he does not have a problem with keeping areas roadless, he is concerned about supporting non-motorized use only. Commissioner Youngman responded that an area is not wilderness quality if motorized use is allowed. She indicated that a majority of uses are non-motorized, including hunting, fishing, skiing, hiking and biking. Also, she is concerned about the negative impacts that motorized use has on both other recreational uses and the land. Commissioner Brown suggested that an alternative would be to allow motorized travel where it is presently allowed but to encourage that access for motorized vehicles not be added to those areas where it is not presently allowed, thus retaining those wilderness type areas. Mayor Kirchhoff noted that the Commission needs to know some of the basics on the six alternatives, and stated that a map identifying those areas that are wilderness quality, wilderness study area and road less areas would be helpful. He suggested that if that is not possible, information on the differences would be beneficial. He then indicated that, while he tends to favor non-motorized options and protecting the quality of the land, he recognizes that motorized use is already allowed in many areas. It was moved by Commissioner Brown that Commission Resolution No. 3631, stating support for national forest management that protects and maintains the wilderness qualities of the Gallatin National Forest, be adopted with the following revisions: change the fifth "Whereas" to read "wilderness quality lands provide opportunities for hunting, fishing and wildlife viewing and that are dependent on maintaining wilderness quality lands. ..."; change the last "Whereas" to read "managing lands to nlc!intc!in its wilderne33 quality offers protections against noxious weeds ..."; and revise the last paragraph to read "... and also by keeping these lands road less ~nd non-n1otorized not increasing motorized use"; and to delete the last sentence. The motion died for lack of a second. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that Commission Resolution No. 3631, stating support for national forest management that protects and maintains the wilderness qualities of the Gallatin National Forest, be adopted with the following revisions: change the fifth "Whereas" to read "wilderness quality lands provide opportunities for hunting, fishing and wildlife viewing and that are dependent on maintaining wilderness quality lands. ..."; change the last "Whereas" to read 09-22-03 - ----------------- _________._._____m__.___.____.____..... - 10 - "managing lands to I"aintain its wilderness quality offers protections against noxious weeds.. ."; and revise the last paragraph to read "... and also by keeping these lands roadless and non motorized not increasing motorized use"; and to delete the last sentence. The motion failed by the following Aye and No vote: those voting Aye being Commissioner Hietala and Commissioner Brown; those voting No being Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that action on this resolution be tabled to October 13. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No being Commissioner Cetraro. Recess - 5:05 p.m. Mayor Kirchhoff recessed the meeting at 5:05 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings and completing the routine business items. Reconvene - 7:00 p.m. Mayor Kirchhoff reconvened the meeting at 7;00 p.m. Appellate hearina - reauest to overturn administrative decision to allow a duplex to remain on Lot 4. Block 2. Brunton-Palffv Rearrangement Subdivision - Harry Townes. 514 North 10th Avenue. for property at 508 North 10th Avenue. owned by Hodason Family Partners (C-03003) This was the time and place set for the appellate hearing on the request submitted by Harry Townes under Application No. C-03003, to overturn the administrative decision to allow a duplex to remain on Lot 4, Block 2, Brunton-Palffy Rearrangement Subdivision. The subject property is located at 508 North 10th Avenue and is owned by the Hodgson Family Partners. Included in the Commissioners' packets was a letter from Mr. Townes, dated September 15, 2003, withdrawing the appeal. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Commission acknowledge receipt of the letter of withdrawal. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. Public hearina - Certificate of Appropriateness to allow construction of new two-car aaraae with auesthouse/office on second floor on Tract B. the west 73 feet of Lots 8-12. Block 21. West Park Addition. with deviations from Section 18.18.050. Bozeman Municipal Code. to allow aaraae to encroach 3 feet into reauired 5-foot side yard setback. and from Section 18.50.050.F .. to allow aaraae to encroach 5 feet into reauired 1 O-foot rear yard setback for accessory structures - Emilv Wood and Robert McCormick for 907 West Koch Street (Z-03213) This was the time and place set for the public hearing on the Certificate of Appropriateness requested by Emily Wood and Robert McCormick under Application No. Z-03213, to allow the construction of a new two-car garage with guesthouse/office on the second floor on Tract B, the west 73 feet of Lots 8 through 12, Block 21, West Park Addition, with deviations from Section 18.18.050 of the Bozeman Municipal Code, to allow the garage to encroach 3 feet into the required 5-foot side yard setback, and from Section 18.50.050.F., to allow the garage to encroach 5 feet into the required 10-foot rear yard setback for accessory structures. The subject property is located at 907 West Koch Street. Mayor Kirchhoff opened the public hearing. Assistant Planner Susan Kozub presented the staff report. She stated the existing residence has two units, one in the basement and one on the main level. The applicants are seeking permission to 09-22-03 ----- - 11 - construct a new detached garage with a second floor guesthouseloffice. Two deviations are being sought in conjunction with this application to allow the new garage to encroach into the side and rear yard setbacks. The Assistant Planner stated that staff has reviewed this application in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. She briefly highlighted those findings and forwarded staff's recommendation for approval subject to five conditions. The applicants were not present; and no public comment was received on this application. Responding to Commissioner Brown, Assistant Planner Kozub stated that the applicants are contemplating elimination of the basement apartment at some time in the future and, at that time, may request permission to add kitchen facilities to the guesthouse. Commissioner Brown noted he passes this property frequently and finds this application will improve the site. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the Certificate of Appropriateness requested by Emily Wood and Robert McCormick under Application No. Z-03213, to allow the construction of a new two-car garage with guesthouseloffice on the second floor on Tract B, the west 73 feet of Lots 8 through 12, Block 21, West Park Addition, with deviations from Section 18.18.050 of the Bozeman Municipal Code, to allow the garage to encroach 3 feet into the required 5-foot side yard setback, and from Section 18.50.050.F., to allow the garage to encroach 5 feet into the required 10-foot rear yard setback for accessory structures, be approved subject to the following conditions: 1. In accordance with the permitted uses in the R-3A zoning district, no more than two dwelling units shall be permitted on the property. 2. In accordance with the definition of "guesthouse" established in Section 18.04.800, the guesthouse shall not include "cooking facilities" such as a range or full size refrigerator and shall never be rented or offered for rent. 3. Prior to building permit approval, the applicants must provide a plan showing existing and proposed water and sewer service lines and sewer mains, subject to approval by the Water and Sewer Department. Please note that the water line may tie into the existing line for the main structure behind the water meter and backflow protection, however the sewer line must be separate. Backflow protection on the domestic service must comply with current City of Bozeman standards. 4. The applicant shall obtain a building permit and pay all required fees within one year of Certificate of Appropriateness approval or this approval shall become null and void. 5. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness 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 Planning Office prior to undertaking said modifications, as required by Section 18.62.040 of the Bozeman Municipal Code. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. 09-22-03 ------..-.---.. . - 12 - Public hearing - intent to annex 39.92 acres located at the northwest corner of the intersection of Durston Road and Cottonwood Road extended - Morrison-Maierle. Inc.. for Gary Metcalf (3955 Durston Road) (A-300S) This was the time and place set for the public hearing on the intent to annex 39.92 acres located at the northwest corner of the intersection of Durston Road and Cottonwood Road extended, as set by Commission Resolution No. 3614, entitled: COMMISSION RESOLUTION NO. 3614 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS 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. Mayor Kirchhoff opened the public hearing. Assistant Planner Jami Morris presented the staff report. She noted the subject property lies between Durston Road and West Oak Street extended and contains one single-family residence. She 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. She then forwarded staff's recommendation for approval, subject to the following issues being addressed prior to or in the annexation agreement. 1. The applicant shall provide and file with the Gallatin County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SIDs) for the following: a. Street improvements to Durston Road, Cottonwood Road, and West Oak Street; including paving, curb and gutter, sidewalk, and storm drainage improvements. b. Signalization of the intersection of Durston Road and Cottonwood Road. c. Signalization of the intersection of West Oak Street and Cottonwood Road. d. Trunk sewer main improvements and a regional lift station. The document filed shall specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development, or a combination thereof. 2. The annexation agreement shall include notice that, prior to development, the applicant will be responsible for installing any facilities required to provide full municipal services to the property in accordance with the City of Bozeman's infrastructure master plans and all City policies that may be in effect at the time of development. 3. Prior to any development of the subject annexation, a stormwater drainage and grading plan shall be provided to and approved by the City Engineer. The plan must demonstrate that adequate treatment of runoff from the public streets and all future lots will be achieved by providing spot elevations, flow direction arrows, detention and/or retention basin details (including basin sizing calculations and basin typical sections), outlet structure details, and culvert capacity calculations. The plan must also locate and provide easements for adequate drainage ways within the annexation area to transport treated runoff to the stormwater receiving channel. 09-22-03 -.-..----.-.--.-.-..----- - 13 - 4. The applicant shall provide and file with the Gallatin County Clerk and Recorder's office executed public street and utility easements for the following: a. North half (additional 20 feet) of Durston Road. b. West half (60 feet) of Cottonwood Road. c. South half (60 feet) of West Oak Street. 5. A detailed traffic impact analysis report may be required prior to future development of the subject annexation. 6. The applicant is advised that substantial limitations for growth exist in the wastewater collection system for this property which will need to be addressed in conjunction with development of the parcel. Prior to development of the subject annexation, the applicant's engineer will be required to prepare a comprehensive design report evaluating the existing capacity of both the water and sewer utilities. The report must include hydraulic evaluations of each utility for both existing and post development demands. The report findings must demonstrate that adequate capacity is available to serve full development of the annexation area. If adequate water and/or sewer capacity is not available for the full development, the report must identify the water and sewer system improvements required to provide the necessary capacity. Any improvements necessary to serve the full development must be in place prior to further development of the site. 7. The property owner shall provide usable water rights, or cash-in-lieu thereof, in an amount to be determined by the Director of Public Service, at the time of final plat, building permit or final site plan approval for any development, whichever occurs first. 8. The Annexation Agreement, which addresses all terms placed on the annexation application by the City Commission, shall be returned to the City of Bozeman Planning and Community Development Department within one year of a City Commission decision to annex the property, or annexation approval shall be null and void. 9. The applicant shall submit an annexation map with a legal description of the property, show the existing public utilities (water, sewer, roadways and storm drainage) improvements on the property, and show adjacent developments (subdivision name, block and lots). The map shall also show rights-of-way and public easements within and adjacent to the property with the Annexation Agreement. The map must be supplied on a mylar (18-inch by 24-inch) for City records, one (1) digital copy on a double-sided, high density floppy disk or compact disk and on either letter or legal size paper for recording with the Annexation Agreement by the Gallatin County Clerk and Recorder. The maps must be acceptable to the Director of Public Service. Mr. Gary Metcalf, applicant, noted that he has recognized over the past two years that he would need to seek annexation and City services in order to sell this property at its real value. No one was present to speak in opposition to this requested annexation. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the Commission authorize and direct staff to bring back an annexation agreement addressing Item Nos. 1 through 9 listed above and a resolution of annexation for Commission consideration. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. 09-22-03 _ onn__________n.__ --~~ ----.---... - 14 - Public hearina - Zone Map Amendment - establish initial municipal zoning designation of "R-2", Residential-Sinale-household. Medium-densitv. on 39.92 acres located at the northwest corner of the intersection of Durston Road and Cottonwood Road extended - Morrison-Maierle, Inc.. for Garv Metcalf (3955 Durston Road) (Z-03165) This was the time and place set for the pUblic hearing on the Zone Map Amendment requested by Morrison-Maierle, Inc., for Gary Metcalf under Application No. Z-03165, to establish an initial municipal zoning designation of "R-2", Residential-Single-household, Medium-density, on 39.92 acres located at the northwest corner of the intersection of Durston Road and Cottonwood Road extended. The subject property is more commonly located at 3955 Durston Road. Mayor Kirchhoff opened the public hearing. Assistant Planner Jami Morris presented the staff report. She stated that staff has reviewed this application in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. Based on that review, she stated staff is recommending approval of the requested zoning, subject to the two standard conditions. Responding to Commissioner Cetraro, Assistant Planner Morris indicated that the applicant has requested the "R-2" zoning initially. She noted that developers are looking at purchase of the property and could seek rezoning for a portion or all of it at a later date. Mr. Gary Metcalf, applicant, stressed the importance of having both City water and sewer services extended to the site to allow for appropriate urban development. Responding to Mayor Kirchhoff, Assistant Planner Morris stated that possible limitations on capacity of the sewer system have been identified, based on full build out of both the Valley West Annexation and Laurel Glen Subdivision; and one of staff's recommendations is that the applicant sign a waiver of right to protest the creation of an SID to address that deficiency and possible installation of a regional lift station in conjunction with annexation. No one was present to speak in opposition to the requested zoning. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Zone Map Amendment requested by Morrison-Maierle, Inc., for Gary Metcalf under Application No. Z-03165, to establish an initial municipal zoning designation of "R-2", Residential-Single-household, Medium-density, on 39.92 acres located at the northwest corner of the intersection of Durston Road and Cottonwood Road extended, be initially approved and that staff be directed to bring back an ordinance enacting the amendment subject to the following conditions: 1. The ordinance for the Zone Map Amendment shall not be adopted until the resolution of annexation is completed and approved by the City Commission. If the annexation is not approved, the application shall be void. 2. The applicant shall provide a metes and bounds legal description and an 8~-inch by 11-inch or 8~-inch by 14-inch map 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. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. 09-22-03 --.....-..---...--.-..-----...--- --------.......-..- - 15 - Continued public hearina - adoption of a unified development ordinance to replace existina subdivision reaulations and zone code. includina the following specific components: (A) update to the desian auidelines for the North 19th Avenue Entrywav Corridor portion of the Design Obiectives Plan: (B) Zone Map Amendment from "R-3A" to "B-3" on Lot 18 and the northern 10 feet of Lot 17. Dawes Subdivision (212 South Black Avenue): (C) Zone Map Amendment from "R-2" to "B-2" on Tract 3. COS No. 2047 (east of Hiahland Boulevard and south of Ellis Street): (0) Zone Map Amendment from "R-3" to "PU" on Tract 3a. COS No. 2202a (generally bounded by West Oak Street extended. Ferauson Avenue. Baxter Lane and Davis Lane extended): (E) Zone Map Amendment from "M-1" and "R-3a" to "HMU" on Blocks 1 00. 101. 105-109 and 116-119. Northern Pacific Addition. and a portion of Block 6. Babcock and Davis Addition (generally bounded bv East Peach Street. North Rouse Avenue. Juniper Street and the railroad tracks): (F) Zone Map Amendment from "PU" to "R-3a" on Lots 11 and 12. Block 29. Imes Addition (801 North Rouse Avenue): (G) Zone Map Amendment from "R-2". "R-3". "B-1". and "PU" to "R-S" on Tracts A. B. 1-8. 9a. 1 Oa. and 14-22. COS No. 35 (Storv Hills Annexation): (H) Zone Map Amendment from "BP" to "RO" on portion of Tract 1. COS No. 2047 (west of Old Highland Boulevard. east of Burke Park) (Z-02131) This was the time and place set for the continued public hearing on the adoption of a unified development ordinance to replace the existing subdivision regulations, zone map and zone code under Application No. Z-02131, including the following specific components: (A) update to the design guidelines for the North 19th Avenue Entryway Corridor portion of the Design Objectives Plan; (B) Zone Map Amendment from "R-3A" to "B-3" on Lot 18 and the northern 10 feet of Lot 17, Dawes Subdivision (212 South Black Avenue); (C) Zone Map Amendment from "RS" and "R~2" to "B~2" on Tract 3, COS No. 2047 (east of Highland Boulevard and south of Ellis Street); (D) Zone Map Amendment from "R-3" to "PU" on Tract 3a, cas No. 2202A (generally bounded by West Oak Street extended, Ferguson A venue, Baxter Lane and Davis Lane extended); (E) Zone Map Amendment from "M-1" and "R-3A" to "HMU" on Blocks 1 00, 101, 105-109 and 116-119, Northern Pacific Addition, and a portion of Block 6, Babcock and Davis Addition (generally bounded by East Peach Street, North Rouse Avenue, Juniper Street and the railroad tracks); (F) Zone Map Amendment from "PU" to "R-3A" on Lots 11 and 12, Block 29, Imes Addition (801 North Rouse Avenue)' (G) Zone Map Amendment from "R-2" "R-3" "B-1" and "PU" to "R-S" on Tracts A B 1-8 , t ~ t " , 9a, 10a, and 14-22, COS No. 35 (Story Hills Annexation); (H) Zone Map Amendment from "BP" to "RO" on portion of Tract 1, COS No. 2047 (west of Old Highland Boulevard, east of Burke Park). Mayor Kirchhoff reopened the continued public hearing. Additional information distributed to the Commissioners included a memo from Associate Planners Saunders and Sanford, dated September 10, forwarding public comment and staff responses to the issues identified at the September 8 hearing; a memo from Associate Planner Saunders, dated September 17, identifying three issues on which he sought Commission direction; a memo dated September 22, listing possible motions; a letter from Janet H. Ellis, Program Directorfo the Montana Audobon, dated September 19; e-mail message from Valerie Harms, dated September 13; letterfrom Lynda Saul, Wetland Coordinator for the Montana Department of Environmental Quality, dated September 21; e-mail message from Joan Montagne, dated September 19; e-mail from JP Pomnichowski, dated September 19; and an e-mail message from Steve Forrest, dated September 22. Associate Planner Jody Sanford briefly reviewed the issues of lighting and wetlands. She noted that a revised chapter on wetlands was included in the Commissioners' packets, reflecting changes based on comments received. She reviewed the issues identified in the letters received from the public regarding wetlands regulations. She stated that a series of nationwide permits are now issued by the Army Corps of Engineers; and Ms. Ellis has proposed that Nationwide Permit Nos. 29, 12 and 23 be added to the UDO requirements. After reviewing the proposal, staff feels it would be appropriate to add those three permits to the regulations. Associate Planner Sanford turned her attention to lighting, noting that staff has reviewed the lighting standards for collector streets and feels they are appropriate since those streets are designed to carry 10,000 vehicles per day and it is important to provide adequate lighting to ensure the safety of pedestrians. She indicated that revisions have been made to the lighting standards for local streets to more closely reflect the lighting in the Valley West Annexation. Associate Planner Saunders reviewed his memo dated September 17, asking the Commission to provide input on the role of the Design Review Board in reviewing signage, coordination of the affordable housing strategies adopted earlier in this meeting and the language in the ordinance, and allowing for 09-22-03 - -. ..--...-.- -.-.-.--.-...--.-------.-.- .....-..---.------.-....---.....--- - .__.u..____.. ..._......_ ---- - 16 - backing into alleys for residential developments. He then asked if the responses provided in staff's memo dated September 10 are adequate and drew the Commissioners' attention to the memo dated September 2 in which staff identified editing errors to be corrected in the final document. Mr. Brian Close, 406 East Olive Street, stated he does not feel that staff's proposal regarding lighting is consistent with Commission direction, noting it was his impression direction was to provide lighting only where pedestrian issues arose. He then cautioned this is an area where expertise not available on staff is needed and suggested that such expertise be sought so that appropriate lighting standards can be developed. He proposed that there be no lighting required for local streets except at intersections with major streets and near parks and schools. He noted that if developers want street lighting, the City could then point them to the Valley West Annexation for the standards to be used. Ms. Valerie Harms spoke in support of wetlands regulations, including the additions recommended by Ms. Ellis. She noted that the disappearance of wetlands in Montana is appalling, particularly since those areas are important for birds, animals and people to thrive and help purify water and improve the soil. She stressed that protecting wetlands within city limits is important. Mr. Jim Pepper, 1322 South Rouse Avenue, noted he has over forty years' experience in planning and has worked with a significant number of regulatory documents. He recognized that the document before the Commissioners is not perfect but urged them to adopt it, noting that delaying its adoption will result in only marginal changes at this point in the process. He proposed that the document be published in a looseleaf binder, with each page dated, so it can be easily updated. He also suggested that a survey be included with all applications to identify needed changes. Ms. Louise Hosking, 1201 Highland Boulevard, characterized the proposed rezoning from "R-2" to "B-2" on the hospital property located across the street from Aspen Pointe as ridiculous. She read the record previously submitted to the Commission into the record, cautioning that the proposed rezoning conflicts with the commitment to health care and with the adjacent residential development. She stated that may of the 85 uses allowed in "B-2" districts are inappropriate for this area and would result in traffic, pollution, trash and noise issues. She suggested that, if the farmland must be replaced by business development, "B-1" zoning might result in a more appropriate type of development for this area. Mr. Elmer Hosking, 1201 Highland Boulevard, expressed his concurrence, stating that "B-2" zoning is inappropriate and too much for this area. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. Responding to Mayor Kirchhoff, Commissioner Youngman identified wetlands, lighting and ridgeline protection as issues that need discussion. Mayor Kirchhoff asked that the Commissioners forward their input on wetlands. Three of the Commissioners indicated support for the wetlands regulations and the addition of Nationwide Permit Nos. 29, 12 and 23. Commissioner Hietala asked if staff has expertise in this area; Associate Planner Sanford responded staff does not and that is why a wetlands board was proposed. She then noted that based on projects processed in recent years, it is estimated ten to fifteen percent involve wetlands; and the isolated wetlands that would be subject to board review would be just a percentage of those projects. Commissioner Youngman noted that during her first years on the Commission, a couple large projects involving wetlands were considered. She characterized those hearings as long and controversial, due in large part to the fact that testimony from people with scientific backgrounds was needed. She suggested that having a board with expertise in this area could help to remove that controversy and result in a more streamlined process before the Commission. Mayor Kirchhoff turned his attention to lighting and asked for staff clarification. Associate Planner Sanford indicated that the local street standards in both Valley West Subdivision and Cattail Creek Subdivision would eliminate the requirement for uniformity of lighting, although that requirement would remain in place for collector streets. She then stressed that this is an issue of balancing between the desires of amateur astronomers, who want no light and law enforcement officers, who want 09-22-03 .- .. ... --. ...---- -- -.-.-..---....-----------.--.--- .. -......---------..-------...--.... . ..-.-....---.-.--.....- - 17 - as much light as possible. She noted that the language in the Bozeman 2020 Community Plan calls for balancing dark skies with making people feel safe; and adopting a lighting standard will result in a more consistent level of lighting throughout the community. She noted that a developer could seek a different lighting standard through the planned unit development process, if desired. Commissioner Youngman suggested that the requirement for a light at the end of a cul-de-sac street be eliminated. Associate Planner Sanford noted that bollards could be required where trails intersect with streets, to draw attention to those crossings. Three of the Commissioners agreed to lighting standards that reflect the lighting in Valley West Annexation, with the elimination of lights at the end of cul-de-sac streets and the requirement for bollards where trails intersect with streets. Commissioner Youngman raised the issue of ridgelines, stating she does not feel staff's recommendations are adequate. She suggested that this language be revised to reflect not only a 1 DO-foot setback but an angle calculation for determining allowable height, and proposed that this issue be referred back to the Planning Board for further consideration. Four of the Commissioners concurred with referring this issue back to the Planning Board. Planning Director Epple suggested that the language proposed by staff be included in the unified development ordinance, recognizing that it can be revised at a later date. Associate Planner Chris Saunders cautioned that developing more restrictive language for ridgelines could become difficult, particularly since the desire for protecting the viewshed must be balanced with possible takings on individual properties. He then noted that the view of a particular development changes with the point from which one is looking. The Planning Director suggested a tiered setback requirement could be considered as an option to angle calculations. Mayor Kirchhoff identified the rezoning from "R-2" to "B-2" on a portion of the hospital property as the next issue to be discussed. Planning Director Epple noted this rezoning applies to one of the four community commercial centers identified in the Bozeman 2020 Community Plan, and involves approximately 130 acres. He indicated that its development will be based on market demand and population growth, and suggested that development will probably include industries and businesses that complement the hospital and attendant activities. Responding to Mayor Kirchhoff, the Commissioners indicated no desire to revisit this rezoning. The Commissioners reviewed the various items listed in JP Pomnichowski's memo, with staff providing input on some of the proposed changes. Associate Planner Saunders noted the one issue on which Commission input is needed is whether the applicant or the adjoiner bears responsibility for the burden of proof in determining injury to property values resulting from a classification of use. The Commissioners agreed that the objector should bear that burden. Break - 8:35 to 8:45 D.m. Mayor Kirchhoff declared a break from 8:35 p.m. to 8:45 p.m., in accordance with Commission policy. Continued Dublic hearina (continued) . adoDtion of a unified develoDment ordinance to reDlace existina subdivision regulations and zone code Mayor Kirchhoff drew the Commissioners' attention to the three items listed in the memo from Associate Planner Saunders dated September 17. Regarding signs, three of the Commissioners agreed 09-22-03 ---..-.-- -..-..... -. ..-..-- .--------.-.-..-- .-.--..---- ----------...------.---.-.----..-..- - 18 - with staff's suggestion that the same guidelines be established as for other site development reviews. Regarding affordable housing, Commissioner Youngman suggested that if genuine affordable housing is being provided in a planned unit development, either for rental or ownership, then it should be determined to meet public purpose, and the requirement for open space should be adjusted accordingly; a majority of the Commissioners concurred. On the last point, a majority of the Commissioners also agreed that backing into the alley from a parking lot for a residential development should be allowed. Planning Director Epple sought clarification on the ridgeline request, with a majority of the Commissioners agreeing a tiered proposal could be brought back to the Commission without hearing before the Planning Board. The Commissioners also agreed that the Valley West lighting standard will serve as the community standard until a different lighting standard is determined preferable. They recognized that the level of lighting in a planned unit development could be different from the standard if determined desirable. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Commission authorize and direct staff to bring back an ordinance repealing Title 16 and Title 18 of the Bozeman Municipal Code, and replacing them with a new Title 18 enacting the unified development ordinance with the text to read as shown in the recommended language from the Planning Board and Zoning Commission with the amendments recommended by staff in memos dated September 2, September 10 and September 17, 2003, and Appendix F to the staff report to the Commission, including all editorial changes for references, formatting and similar adjustments and coordination with the Director of Public Service, and with additional amendments to provide that wetlands issued be administered by staff without a wetlands board and to provide that the burden of proof is on the objector to a project. It was moved by Commissioner Brown, seconded by Commissioner Youngman, that the main motion be amended to provide that wetlands issues be reviewed by the advisory board recommended in the draft document. The amendment carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Youngman and Mayor Kirchhoff; those voting No being Commissioner Hietala and Commissioner Cetraro. The main motion, as amended, then carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Youngman and Mayor Kirchhoff; those voting No being Commissioner Cetraro. Commissioner Hietala abstained. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that staff be authorized and directed to bring back an ordinance repealing the existing zone map and create a new zone map under the new Title 18, with district boundaries as shown on the recommended map from the Zoning Commission, and including the following amendments: (1) Zone Map Amendment from "R-3A" to "B-3" on Lot 18 and the northern 10 feet of Lot 17, Dawes Subdivision (212 South Black Avenue); (2) Zone Map Amendment from "RS" and "R-2" to "B-2" on Tract 3,COS No. 2047 (east of Highland Boulevard and south of Ellis Street); (3) Zone Map Amendment from "R-3" to "PU" on Tract 3a, COS No. 2202A (generally bounded by West Oak Street extended, Ferguson Avenue, Baxter Lane and Davis Lane extended); (4) Zone Map Amendment from "M-1" and "R-3A" to "HMU" on Blocks 1 00, 101, 105-109 and 116-119, Northern Pacific Addition, and a portion of Block 6, Babcock and Davis Addition (generally bounded by East Peach Street, North Rouse Avenue, Juniper Street and the railroad tracks); (5) Zone Map Amendment from "PU" to "R-3A" on Lots 11 and 12, Block 29, Imes Addition (801 North Rouse Avenue); and (6) Zone Map Amendment from "BP" to "RO" on portion of Tract 1, COS No. 2047 (west of Old Highland Boulevard, east of Burke Park). The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Youngman, Commissioner Hietala and Mayor Kirchhoff; those voting No being Commissioner Cetraro. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that staff be authorized and directed to bring back a resolution concurrently with the ordinance adopting the unified development ordinance to adopt illustrations shown in the unified development ordinance appendix and others deemed appropriate to aid in understanding and communicating the regulations adopted in the unified development ordinance. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No being Commissioner Cetraro. It was moved by Commissioner Youngman, seconded by Commissioner Brown, that the Commission authorize and direct staff to bring back a resolution concurrently with the ordinance adopting 09-22-03 ------ --------- - 19 - the unified development ordinance to adopt the revised and updated standards for the North 19th Avenue chapter of the Design Objectives Plan. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Brown and Mayor Kirchhoff; those voting No being Commissioner Cetraro and Commissioner Hietala. Public comment (1) Mr. Roger Koopman expressed his concern over the Commission's recent decision to provide a $25,000 gift to the Gallatin Valley Independent Business Alliance, a blatantly political organization that is comprised largely of political organizers and activists. He drew the Commissioners' attention to his memo dated September 18 identifying four areas where the Chamber of Private Enterprise believes the Alliance has misrepresented itself to the public and the Commission. He asked that the Commission reconsider its previous decision and asked that, if chooses not to do so, it at least require the grant recipient to have no affiliation with the American Independent Business Alliance or any other political pressure group, require that they demonstrate they are a genuine business organization, and that their books be inspected quarterly. (2) Ms. Suzie Johnson stated that local family-owned businesses have been a big part of Bozeman's history but are now struggling because of the wave of national chains entering Bozeman's market in recent years. She noted that since local businesses and individuals lend so much to the community, the "buy local" campaign idea was born and, since February 27, a steering committee has met every Wednesday to develop a program. She noted that the steering committee has conducted public input meetings and has selected a part-time coordinator to put together a plan for an on-going campaign that will be positive and educational. She indicated the Gallatin Valley Independent Business Alliance asks that the same procedures be applied to them as are applied to other groups receiving City assistance, noting they don't expect to receive the funds previously approved until the new procedures are in place. She concluded by distributing copies of the articles of incorporation. (3) Mr. Mike Hetherington challenged what he views as an ill-conceived appropriation, noting that the result is to take monies from an out-of-state business and give them to competing businesses. He stated that using the taxing powers of the City to coerce monies from one business to give preference to competing business is unacceptable and simply results in higher competitive prices to the consumer. As a result, the only one to benefit from this appropriation is the business the City chooses to support. He characterized the appropriation as a political favor that is misguided and ethically indefensible. (4) Mr. Ken Nordvedt stated it is an abuse of the Commission's power to use public monies to set up and subsidize a private political action group and represents a misuse of public funds. He acknowledged that people are free to organize their own action groups, but they are not entitled to government handouts to do so. He encouraged the Commission to reverse its previous action, and cautioned that if it fails to do so, he will personally ask the next legislature to take action to curb its powers. (5) Mr. Jeff Krauss, 508 Park Place, noted his concerns revolve around the awarding of a grant when not everything is in place from a procedural standpoint. He stated that when grantors offer new monies for a particular purpose not previously done, the program is generally announced and an invitation extended for applications. Grantors typically request bona fides, including articles of incorporation, an IRS letter identifying the tax exempt status, and a 990 form; and then develop a template for evaluation of applications before identifying successful applicants. He concluded by stressing the importance of having an established policy in place. (6) Mr. Brian Close, 406 East Olive Street, reviewed the purpose statement for the Gallatin Valley Independent Business Alliance, stating he feels the appropriation to this agency is appropriate. He then noted that, while big box stores do not contribute to the community, local businesses do contribute in every way possible. He noted that local businesses create community leaders, and buying local means maintaining that leadership. He encouraged the Commission to honor the funding previously approved as long as the Alliance follows the business plan it has provided. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. 09-22-03 - --- ------------- __.. ._.__....__ .._.______..__.. ._.__. _._n...____ .._.._.._. - 20- (1 ) Flyer announcing the Fire Prevention Breakfast, to be held from 7:00 a.m. to 10:00 a.m. on Monday, October 6, at the Fairgrounds. (2) E-mail message from Dennis Carlson announcing that October 10 is his last day with KTVM television. (3) Copy of the agreement between the Gallatin City-County Board of Health and Health Officer Stephanie Nelson. (4) Agenda for the School District NO.7 Board of Trustees meeting being held at 7:00 p.m. on Monday, September 22, at the Willson School. (5) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, September 23, at the Professional Building. (6) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, September 23, at the Professional Building. (7) Agenda for the Gallatin County Planning Board meeting to be held at 6:30 p.m. on Tuesday September 23, at the Courthouse. (8) Copy of a letter from the Montana Department of Labor and Industry to Library Director Alice Meister, dated August 29, announcing receipt of the Governor's Award for safety and health in the workplace. (9) E-mail from Roger Koopman, dated September 18, forwarding an information sheet from the Chamber of Private Enterprise. (10) Planning Director Epple announced that the Recreation Department has submitted a plan for new lights at the recreation complex that are more energy efficient, more directed and shielded. (11 ) Director of Public Service Arkell submitted the following. (1) Reminded the Commissioners of the hearing on the downtown traffic study scheduled for 7:00 p.m. on Wednesday before the Transportation Coordination Committee. (2) Posted a map showing annexations from 1996 to present, noting that in the last 7~ years, 30 percent of the city's land mass has been annexed. (12) Commissioner Youngman submitted the following. (1) Noted that a meeting regarding the Beall Parks Arts Center has been scheduled for 7:00 p.m. on Wednesday. (2) Stated she has been working with a scout troop on their community merit badges, and it appears some of the scouts may be interested in serving on the Recreation and Parks Advisory Board. (13) Commissioner Youngman voiced her appreciation for the Gallatin Valley Independent Business Alliance suggesting that the funds not be distributed until procedures have been developed for award of the funds and asked if a majority of the Commissioners are willing to accept that offer; a majority indicated they are willing to do so. Mayor Kirchhoff cautioned that if the criteria are developed and the Alliance application run through them, there is a potential it may fail. Commissioner Cetraro stated he feels it would be good policy to have a staff member go through the information submitted by applicants in detail and provide an analysis to the Commissioners as they consider applications. (14) Commissioner Cetraro showed the Commissioners pictures of the Salt Lake City library. (15) Mayor Kirchhoff announced he has received notification that the City has received the Certificate of Achievement for Excellence in Financial Reporting for Fiscal Year 2002. 09-22-03 -- ---------------- - 21 - Adiournment - 9:55 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. sT4:IXF,'Mayor ATTEST: (l~ J ~ ROBIN L. SULLIVAN Clerk of the Commission 09-22-03 --------.---.- - ... ,.......--.--... .. ----.,...--------- n____....______.._....n.__