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HomeMy WebLinkAbout2003-08-11 Minutes, City Commission .-. -.-....- .-..---------------------.------- - -.-.- - ---.--------...-- - .--..-----... ---.----... MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA August 11, 2003 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, August 11,2003, at 3:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner Marcia Youngman, Commissioner Jarvis Brown, Commissioner Andrew Cetraro, Assistant City Manager Ron Brey (for afternoon session), City Manager Clark Johnson (for evening session), Planning Director Andy Epple, City Attorney Luwe (for the afternoon session), Staff Attorney Patricia Day-Moore (for the evening session) and Clerk of the Commission Robin Sullivan. Commissioner Lee Hietala was absent. The meeting was opened with the Pledge of Allegiance and a moment of silence. Commissioner Youngman requested that Commission Resolution No. 3611 be removed from the Consent Items for discussion. Authorize absence of Commissioner Hietala from this meetina It was moved by Commissioner Youngman, seconded by Commissioner Brown, that Commissioner Hietala's absence from this meeting be authorized. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Minutes - January 18. 2000. and May 27. June 10. July 14. July 21 and Auaust 4.2003 It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the minutes of the meetings of May 27 and July 21,2003, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, Commissioner Youngman 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 and August 4, 2003, to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Commission Resolution No. 3612 - providing for reimbursement of expenses incurred for the Valley Center Road/North 19th Avenue improvement proiect COMMISSION RESOLUTION NO. 3612 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO FINANCING OF CERTAIN PROPOSED PROJECTS; ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE. Approval of final plat - subdivide property described as the east 77 feet of Lots 1-6. Block 16. Park Addition. into two lots (404 West Curtiss Street) IP-03006) Authorize Mayor to sian - Findinas of Fact and Order - preliminary plat for Northern Rockies Professional Center (subdivide Lots 4 and 7. Northern Rockies Subdivision. into four lots and realign the southern boundary of Lot 5) (south side of Ellis Street, east of Highland Boulevard) (P-03016) 08-11-03 - 2 - Award bid - 2003 street markinas - Montana Lines. Inc.. Great Falls. Montana - in the bid amount of $46.125.60 Claims It was moved by Commissioner Cetraro, 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 Cetraro, Commissioner Youngman, Commissioner Brown and Mayor Kirchhoff; those voting No, none. Ordinance No. 1603 - settina MuniciDal Judae's salary for Fiscal Year 2003-2004 Included in the Commissioners' packets was a copy of Ordinance No. 1603, entitled: ORDINANCE NO. 1603 AN ORDINANCE OF. THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING THE MONTHLY SALARY OF THE MUNICIPAL JUDGE OF THE CITY OF BOZEMAN AS REQUIRED BY THE BOZEMAN MUNICIPAL CODE. Municipal Judge Patricia Kyle Carlson referenced the e-mail message from City Manager Johnson to the Commissioners in which he listed the salaries of the City Attorney and Staff Attorneys and indicates support for the request to increase the judge's annual salary from $48,000 to $57,000. She noted that since she last spoke to the Commission, the efficiency and effectiveness of the court have increased significantly. Collections for the past year were at $1,200,000, up $211,000 from the previous year on almost the same number of citations. In addition, the City has paid for fewer substitute judges because of fewer absences on her part, leaving a portion of the monies budgeted for that purpose unused. In light of these changes, she asked that the Commission increase her salary to $65,000, to be in line with those of other administrators, with incremental increases and a contribution to retirement. She concluded by noting she is unopposed in the upcoming election, and plans to make the municipal court a model for the state during her next four-year term. Responding to Mayor Kirchhoff, Judge Carlson indicated she has an experienced staff and is now able to do new innovative things. She also noted that 12,055 cases were resolved without trials, and 180 cases went to trial. She suggested that much of that change is due to the implementing of calendar calls, evidentiary hearings and written omnibus procedure and the printing of the warrant list in the newspaper. Further responding to Mayor Kirchhoff, Judge Carlson stated her request for a $65,000 salary is based on City Attorney Luwe's salary as well as the salaries of other judges around the state. She also noted that the Legislature has suggested that lawyer judges make 90 percent of the $85,000 salary paid to district court judges. Commissioner Youngman noted that, based on the salary tabulation from March 2003, the judge in Missoula earned $57,000 while the judge in Billings earned just under $62,000. Commissioner Brown expressed his support for adding retirement to the salary package. Responding to Commissioner Youngman, Assistant City Manager Brey confirmed that 10 percent is the typical percentage contributed to ICMA retirement. Responding to questions from Commissioner Cetraro, Judge Carlson indicated that $57,000 was the figure she first mentioned in 2001, and it was a low figure at that time. She noted that the $65,000 she is requesting now is more in line with other salaries paid by the City. Mayor Kirchhoff noted that the last time the Commission looked at the City Manager's salary, it increased the salary based on efficiencies in the organization and performance objectives. He recognized that some of the outstanding issues of the municipal court have been addressed by the Judge, including efficiencies in the office, decreasing absences and increasing collections. As a result, he is in favor of bringing her salary closer to parity with other cities. 08-11-03 ------- .... -----.-- --- -~--_._'_. -.--. . - 3 - Commissioner Youngman noted the City's lowest paid department head is at $59,000, and that individual supervises a lot more employees. She stated that, since this is an elected position, it is not possible to evaluate the employee based on performance. She then recognized that Bozeman generally pays less than other communities in Montana, so parity is a little lower. Commissioner Cetraro indicated he is prepared to move forward with a $57,000 salary plus deferred compensation, but is not ready to support a $65,000 salary. Mayor Kirchhoff stated that he could support a salary of up to $60,000 plus deferred compensation but is not prepared to consider a $65,000 salary. Mr. Bob Huebner noted that Judge Carlson has attempted to address each of the issues identified by the Commission last year. He then noted the new public defender is being hired at a salary around $60,000. Commissioner Brown noted that setting the salary at $57,000 results in a $9,000 increase and that, coupled with a 10-percent contribution to ICMA retirement results in a total increase of $14,700, or more than a 30-percent increase. He cannot support any greater increase than that. It was moved by Commissioner Youngman, seconded by Commissioner Brown, that Ordinance No. 1603, setting the Municipal Judge's salary for Fiscal Year 2003-2004 at $57,000 plus an ICMA retirement benefit of 10 percent, be provisionally adopted and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Commission Resolution No. 3611 - creating Community Alcohol Coalition Included in the Commissioners' packets was a copy of Commission Resolution No. 3611, entitled: COMMISSION RESOLUTION NO. 3611 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, CREATING A COMMUNITY ALCOHOL COALITION BASED ON A RECOMMENDATION FROM THE BOZEMAN ALCOHOL POLICY ADVISORY COUNCIL AND SETTING THE NUMBER AND TERM OF THE COALITION MEMBERS. A revised resolution was distributed just prior to the meeting. Commissioner Youngman stated she had requested this item be removed from the Consent Items to review the revisions that have been made. Commissioner Cetraro stated he feels an annual report could be helpful in helping the board follow through on long-term planning and in letting the Commission know what the board is doing. Commissioner Youngman acknowledged that a report from the board would be good, but suggested that it may be in the form of recommendations and that such reports may not be done on an annual basis. Mayor Kirchhoff stated he likes the idea of an annual report, characterizing it as a good way to ensure communication continues even if the Commission doesn't meet with boards on a regular basis. He then noted that the Commission receives minutes from many of the boards. Ms. Anne Banks, Recreation and Parks Advisory Board, stated that it would be extremely onerous to prepare an annual report. She then suggested that submitting a work plan might be easier. Commissioner Cetraro noted that in meeting with the different boards, he has been unclear about whether they knew their missions; and since this is a new board, he feels it would be good to provide that type of direction. He then acknowledged that annual meetings with the Commission may be the best way to ensure the boards are moving in the right direction. 08-11-03 --..-.-.-------- -. ....,--.- ,."..---.--- . . ----......--"...-. - 4 - It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that Commission Resolution No. 3611, creating a Community Alcohol Coalition, be adopted as revised. The motion 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. . Reauest for City Commission support of conservation-based alternative in the Gallatin National Forest Travel Plan - Friends of Gallatin Forest Included in the Commissioners' packets was a copy of an e-mail forwarding a proposed resolution for Commission consideration. Assistant City Manager Ron Brey announced that the Friends of Gallatin Forest have requested this presentation be delayed to the September 8 Commission meeting. Review of request for proposals for fiscal. economic and social impact analysis of large scale retail development Included in the Commissioners' packets was a copy of the draft request for proposals as prepared by Assistant City Manager Ron Brey. Assistant City Manager Brey noted that he distributed copies of the draft request for proposals approximately three weeks ago. He briefly reviewed the request, noting that it is seeking a single study that allows the City to use findings to do an analysis of any large-scale development to determine the economic impacts that need to be mitigated. He drew attention to the list of items to be included in the scope of the project, as listed on Pages 7 and 8. He noted that projecting revenues from sales in a state without sales tax is a challenge for the consultant; and he is asking those responding to identify how that will be accomplished. In addition, he is asking for assessment of impacts on the job market and on the pay and benefit packages of existing businesses, impacts on affordable housing, and impacts on existing retail businesses. He recognizes that the result will be pluses and minuses as individual developments are considered, and it is important to identify special issues and the net effects. He concluded by noting that the City Attorney's staff will need an opportunity to review the methodology proposed by the successful consultant prior to its submittal to the Commission, to ensure it is legal and meets State statutes. Commissioner Youngman indicated that she likes most of the draft request for proposals, but suggested that the products of the study be identified in the request as well as the appendix. She also noted the data from the 2002 housing needs assessment could be used, with one of the questions being "will this negatively impact the housing market?" Responding to Commissioner Brown, Assistant City Manager Brey stated that determining what is proprietary and what the City owns is sometimes the result of contract negotiations. He noted that in many instances, the City may own the report, which is a public document; but an accompanying software model may be proprietary. Commissioner Brown noted he feels the request for proposals is well written. He asked, however, if the section on re-use of dark stores should include what to do with long-term leases. The Assistant City Manager responded that section is in the background section of the document and is designed to paint a picture for the consultant. In response to additional questions from Commissioner Brown, the Assistant City Manager indicated that the task force recommended 50 percent of the monies from the economic development impact fees be used for community affordable housing issues, such as home ownership; and the remaining 50 percent be used for infrastructure improvements in already developed commercial areas. He then stressed that this information does not bind the consultant, but provides background information on where the City has been. Assistant City Manager Ron Brey noted that the City is asking for something that is not common in the industry, but some consultants are doing development by development analysis using input models. 08-11-03 - 5 - It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the Commission authorize and direct staff to proceed with the proposed Request for Proposals, with the changes identified by the Commissioners in the above discussion. 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. Break ~ 4:05 to 4:10 D.m. Mayor Kirchhoff declared a break from 4:05 p.m. to 4:10p.m. to prepare for the work session with the Senior Citizens' Advisory Board. Work session with Senior Citizens' Advisorv Board In addition to the Commissioners, the following were present for the work session. City staff - Staff Attorney Susan Wordal Senior Citizens' Advisory Board members -- Louise Mickelsen, Jean Thorson and Robert Yaw Responding to Mayor Kirchhoff, Mr. Bob Yaw asked what is expected of the Board. Ms. Louise Mickelsen noted the Board had previously written a letter requesting $500 support for printing of new brochures; Commissioner Youngman noted that there are monies in the Commission's bUdget to cover board requests. Mayor Kirchhoff noted that the by-laws of the Senior Citizens' Advisory Board attempted to identify the relationship between the Board and the Commission. He noted that the Board is responsible for overseeing the upkeep of the Senior Center and grounds, but the City does not have much stake in the operations that occur within the Senior Center. Ms. Louise Mickelsen noted that one of the biggest problems for senior citizens is incomes going down and taxes going up. Commissioner Brown noted the Board is charged with assisting in management of the senior facility and grounds and with forwarding recommendations on senior citizen issues. He suggested that those issues should be broader than just the Senior Center. Commissioner Youngman noted that if the Board identifies any City programs, services or budget issues that either positively or negatively affect senior citizens, it should bring those issues to the Commission's attention. She also noted issues like the prolonged summer heat and its impacts on seniors would be appropriate for the Board to consider. Mr. Bob Yaw noted that this Board only meets four times a year and does not have as much direct contact with organizations and senior citizens as other groups do. As a result, he suggested other groups may be better able to provide the type of information that the Commission is seeking. Ms. Louise Mickelsen noted the Board made a recommendation about the parking lot at the Senior Center last year. Ms. Jean Thorson stated it is difficult to determine whether this Board or the Board of Directors of the Senior Center is the more appropriate body to handle certain issues. She then noted the Board of Directors is functioning very well, leaving little for this Board to consider. Mayor Kirchhoff suggested that the Board could serve as a link and contact for those wishing to provide input on policy issues involving senior citizens. Ms. Louise Mickelsen suggested that a survey may be an inexpensive way to gather information. 08-11-03 .. ..__...__n____________ - 6 - Commissioner Brown noted that surveys were sent out regarding heat shelters; and those contacted didn't feel much need for those services. He stated, however, there was general concern that seniors not involved in programs may not be having their needs met. Mr. Bob Yaw asked if there are emergency plans for seniors in Bozeman; Ms. Louise Mickelsen responded that the Red Cross has a list of places to set up shelters, and the rest homes and hospital have their owns plans in place. She noted that in an emergency situation, the police would probably go door to door to alert people. Responding to Mayor Kirchhoff, Ms. Jean Thorson expressed concern about the possible lack of continuity on the Board. She also noted that, since the Board members see each other only at meetings, there is also a lack of communication. Mr. Bob Yaw identified the need for a work plan. He stressed that expecting a group of five people to cover the senior spectrum in Bozeman is "overly optimistic," especially since they meet only four times a year. Ms. Louise Mickelsen identified taxes, income going down and emergency situations as the key issues affecting seniors. Mayor Kirchhoff thanked the Board members for attending this work session. Staff reauest for auidance re reauirements for open space and parkland dedication in unified development ordinance Included in the Commissioners' packets as a copy of the memo from Associate Planner Chris Saunders dated ,June 27, 2003, seeking Commission guidance on the requirements for open space and parkland dedication. Associate Planner Chris Saunders referenced his memo of June 27, noting that identified the requirements for dedication of parkland as a point of confusion as staff has considered various projects. He noted that a significant disparity has been identified between the amount of parkland required under the subdivision regulations and the zone code for the same number of residences and suggested that disparity should be corrected. He indicated that staff is seeking guidance from the Commission before spending a significant amount of time on addressing the issue, to ensure that the result is acceptable to the governing body. The Associate Planner forwarded three options for Commission consideration. He noted the first option is to collect no cash-in-lieu or land from any development, which is contrary to State law; the second option is to recognize the inequity and continue with the current code provisions; and the third alternative is to correct the imbalance by treating developments with similar impacts equally regardless of the development review process involved. He expressed his preference for the third option, but cautioned that, with the amount of work involved, it will not be incorporated into the unified development ordinance process. Commissioner Brown stated his support for the third option. He then indicated his discomfort with the cash-in-lieu option since it does not generate enough monies to acquire meaningful land. Responding to comments from Mayor Kirchhoff, Associate Planner Saunders indicated the condominium project on "B-2" zoned land across the street from Darlinton Manor is the one that brought the disparity to the forefront for staff. He then confirmed that the zoning results in different values when calculating costs. Commissioner Youngman noted that affordable housing projects would be the densest residential developments and, as a result, the most impacted under the current regulations. Responding to Mayor Kirchhoff, the Associate Planner indicated that staff has discussed this issue as a challenge under State statute. He then noted he does not know if any other communities have researched this issue and identified a viable solution. 08-11-03 -.-..------ -.-.------.-..--- - 7 - Commissioner Cetraro expressed concern about the complexities of this issue and suggested that it may be more appropriately addressed after the unified development ordinance has been adopted. He then noted that it appears the message for the recent condominium project is that residential development is not desired in a commercial zone and asked if that is the message the City wants to send to the community. Associate Planner Saunders cited South Meadows Subdivision as another example. He noted that under the initial subdivision, approximately 120 acres was subdivided into four lots and, as a result, was exempt from parkland requirements. If those parcels had been subsequently developed with apartment complexes, no parkland would have been required, but developing the same parcels through subdivision and condominiums triggers the requirement for parkland dedication. He stated it is important to recognize that, no matter what type of residential development is created, people still want parkland and park activities. Responding to Mayor Kirchhoff, the Associate Planner stated that staff will not be able to address this issue within the next two months; and the City Attorney's office also has a number of issues to resolve. As a result, he cautioned that if the Commission gives direction today, staff will be unable to provide much input within the next six months. In the meantime, he indicated that applications will be evaluated based on current regulations. Responding to Mayor Kirchhoff, Superintendent of Facilities and Lands James Goehrung stated the Recreation and Parks Advisory Board supports the third option, recognizing the issue of fairness in addressing the need for parkland. He noted that high density residential development creates an even greater need for parkland than lower density residential or commercial development. Associate Planner Saunders noted that Planning staff is working with the Parks Division to update the parks plan and identify user demand. He stated this will provide good solid data on which to base parkland dedication requirements. Commissioner Cetraro stressed the importance of Commission direction throughout the process and suggested that staff provide periodic updates to ensure the Commissioners understand the various issues and approve of the steps that staff is taking. Commissioner Youngman recognized the benefits of progressive discussion throughout the process. As a result of discussion, the Commissioners agreed that the first two options identified by staff should be eliminated and that staff should proceed with revisions to the regulations. They asked that staff provide progress reports in six months and at the end of a year. Appointments to City Plannina Board and Zoning Commission Included in the Commissioners' packets was a letter of resignation from both the City Planning Board and the Zoning Commission, submitted by Mr. Rich Noonan. Also included in the packet was a memo from Clerk of the Commission Sullivan, dated August 6, 2003, forwarding the list of applications currently on file for these boards. Mayor Kirchhoff announced his appointment of Cliff Chisholm to replace Rich Noonan on the City Planning Board, with a term to expire on January 31, 2004. The Commissioners concurred in the Mayor's appointment. It was moved by Commissioner Youngman, seconded by Commissioner Cetraro, that Mike Hope be appointed to replace Rich Noonan on the Zoning Commission, with a term to expire on January 31,2004. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Cetraro, Commissioner Brown and Mayor Kirchhoff; those voting No, none. Recess - 5:20 p.m. Mayor Kirchhoff recessed the meeting at 5:20 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings and completing the routine business items. 08-11-03 ----------- .....-----. .-...-.------- - -- .---.-. - ..-- -- - ...-.--------.--.--.------.... - 8 - Reconvene - 7:00 D.m. Mayor Kirchhoff reconvened the meeting at 7:00 p.m. Work session - DroDosed Commission changes to budaet recommendations City Manager Clark Johnson reminded the Commissioners that the budget recommendations were distributed to the Commissioners at the July 21 meeting. Administrative Services Director Gamradt stated the City Manager's recommendations are based on Commission direction. At last week's meeting, he gave an overview of the budget and identified the shift in philosophy to hold down the number of employees, emphasize efficiencies and acquire the needed capital infrastructure. He stated that a 37 -percent reduction in sewer rates is anticipated in the next year, as a result of reducing the surcharge that was implemented several years ago to cover the costs of the solvent site and then to provide the local match for the $5 million EPA grant. The Administrative Services Director indicated that, based on input from the Commission at this time and comment received during the public hearing, revisions will be made to the budget prior to submittal of the resolution adopting the bUdget. He noted that copies of the budget are available at the library for review and are also available for purchase. Responding to Commissioner Brown, Administrative Services Director Gamradt indicated that reference to the Leading, Educating and Developing Seminar (LEADS) training in April 2002 has been included in this budget because of the on-going leadership training that occurs on a weekly basis. Further responding to Commissioner Brown, the Administrative Services Director indicated that if relatively insignificant changes occur after July 1, they can be accommodated within the confines of the budget as submitted; if the changes are significant, revisions are needed. At the City Manager's request, Administrative Services Director Gamradt identified the benefits that the City will derive from the changes in property values. He indicated the City will derive little benefit from the reappraisal process even though the values increased approximately 26 or 27 perce!"!t, since the City's revenues from property taxes are limited to one-half the rate of inflation for the previous three years plus those taxes resulting from new construction and annexations. He noted that the voters did approve a fire mill levy that will result in 6 mills and health insurance premiums increased 8.23 mills; however, due to a lower levy for the transportation bonds this year, the net change is an 8.79 mill increase. Responding to Commissioner Brown, the Administrative Services Director confirmed that an increase in mill value results in a drop in mills levied to meet the statutory limitations. Commissioner Youngman noted that the $100,000 commitment to the first time homebuyers' program approved at last week's meeting is not included in the budget; and if the Commission commits $100,000 for low and moderate-income rental programs as recommended by the task force, that will have an additional impact on the budget. She recognized that if the Commission chooses to use special sources, like the big box development impact funds, those commitments will have no impact on the City's general fund. Administrative Services Director Gamradt noted that if the Commission chooses special sources to fund those appropriations, the budgetary response will be easy. He cautioned, however, that if the Commission considers the general fund as the revenue source, the response will be significantly different. At City Manager Johnson's request, City Engineer Rick Hixson reviewed a proposed breakdown for the use of street impact fees that includes Durston Road. He noted that the Valley Center Road project is eligible for approximately $3.6 million in impact fees, or 65 percent of the estimated costs; however, the City may choose to appropriate a lesser amount to that project. He then stated that the Durston Road project would be eligible for approximately $1.5 million in impact fees. He expressed a willingness to revise the budget numbers if the Commission wishes, to include the Durston Road project. City Manager Johnson noted that the special improvement district for improvements to Valley Center Road and North 19th Avenue as well as the special improvement district for improvements to Durston Road 08-11-03 --------- -...----- - 9 - will be for the full amount of the project, even if a portion of the project is to be funded through the use of impact fees. In the event that impact fees are later enjoined or determined invalid, the projects will remain viable. Ms. Carol Townsend, Executive Director of United Way, spoke on behalf of the Shelter Care Services Task Force, requesting the City appropriate $20,000 to reopen that facility. She noted that this is less than half of the $41,000 request previously submitted. Mayor Kirchhoff indicated that the information provided during this meeting will be considered as the Commission conducts its public hearing on the budget at the August 25 meeting. Public hearing - Commission Resolution No. 3609 a levvina and assessing street maintenance district assessments for Fiscal Year 2003-2004 This was the time and place set for the public hearing on Commission Resolution No. 3609, entitled: COMMISSION RESOLUTION NO. 3609 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 CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY-WIDE STREET MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN AND TO EXTEND THE BOUNDARIES OF SAID DISTRICT TO ENCOMPASS ANNEXED PROPERTIES. Mayor Kirchhoff opened the public hearing. Administrative Services Director Miral Gamradt indicated that his comments apply to both this public hearing and the next public hearing. He noted that this resolution increases the assessment rate for the street maintenance district by 4 percent, while the next resolution increases the assessment rate for the tree maintenance district by 4~ percent. Both of the increases include a 3-percent inflationary component, with the remainder being used to fund capital needs. He stressed that small annual incremental increases in these rates is preferable to large increases once every five to ten years. Responding to Commissioner Cetraro, the Administrative Services Director stated that the capital items to be funded with these assessments are identified in the Capital Improvement Program that has been reviewed and accepted by a citizen panel. Mr. John Maykuth, 905 South Church Avenue, stated he protested the assessments a couple of years ago, stating that the method of determining the area subject to assessment is inequitable, arbitrary and capricious and with little logical relationship to the service provided. He noted that his property is zoned "RS," which has a 63,000-square-foot cap. As a result, only one house may be located on his property but his assessment is four to nine times what it would be in any other residential zone. He stated that in 2001, his neighbor across the fence has three times as much land but is located in an "R-3A" zoning district and paid $73.62 in street maintenance district assessments while he paid $399.57. With this new increase, the gap between the assessment will widen by an another $45. He proposed that, to resolve this inequity, the area caps be removed from all zoning designations and the base rate adjusted so that the same amount of revenue is generated. Under this scenario, he noted most property owners will see a small decrease in fees paid while some would see a substantial increase. He suggested another alternative would be to cap the assessments on "RS" zoned properties at one of the lower zoning designations, possibly at 15,000 square feet; and that should result in a slight decrease in revenues that might result in the need to adjust the base rate upward a minute amount. He concluded by stating that his protest two years ago did not result in any changes, although one of the Commissioners at that time recognized the inequities. Mr. Dane Gamble, 13 Hitching Post Road, stated he is a business owner within city limits. He stated that his property tax increases over the past three years have ranged from 12 to 18 percent and, with the reappraisal just received, he anticipates that will increase even more. He noted that, if a $17 million bond issue for the school is approved, that will result in an additional tax burden. He encouraged the Commissioners to consider these impacts to property owners as they consider a proposed increase to the street and tree maintenance district assessments. He stated that, since 1997, the assessment on his 08-11-03 .......----.-.--.--,.----.-- ...._n_ ......--.--.. -..--....-------- -------- --.------.--.---.-...-- .----------.-- --.--..- - 10 - property has risen 64 percent, which is significantly higher than the rate of inflation. He encouraged the Commissioners to take a close look at this proposed increase and to consider not raising the rates for at least one year to give property owners a little relief. Administrative Services Director Miral Gamradt stated that Director of Public Service Debbie Arkell has the ability to review and adjust assessments if she deems them unfair. He then turned his attention to the 64-percent increase, noting that about seven years ago, the City implemented a significant increase in street maintenance assessments to wean that activity from General Fund expenditures. He indicated that he will provide the historical changes in rates from inception of the maintenance districts to date, stressing that for the past several years, rate increases have been at or slightly above inflation. He concluded by cautioning that the unified development ordinance may dramatically affect the method of assessing the maintenance districts in the future. Responding to Mayor Kirchhoff, the Director indicated that removing the caps could dramatically impact some of the assessments, particularly since all "PU" zoned properties are currently capped at 25 percent of the area. Commissioner Brown stated he recognizes the inequities of the current system and would like to see that issue addressed; however, he feels the cap should remain on "PU" zoned properties. Mrs. Cheryl Ott, 717 North Church Avenue, noted she lives on an unpaved street with no sidewalks or trees. She stated they have paid all of the increases in street and tree maintenance assessments without receiving any of the benefits, and they recently paid $1,600 to have trees trimmed that are not theirs. She questioned why she should be required to pay assessments when the benefit is to other parts of the community. Administrative Services Director Miral Gamradt stated that the assessments are based on the premise that every resident uses the public streets within the community and, therefore receives the benefits of maintaining both the streets and the trees that line them. Responding to Commissioner Brown, Administrative Services Director Gamradt indicated that, ifthe Commission wishes, it may delay action on these resolutions of assessment. Since there were no objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that action on Commission Resolution No. 3609, levying and assessing street maintenance district assessments for Fiscal Year 2003-2004, be delayed for one week. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. Public hearing - Commission Resolution No. 3610- lewina and assessina tree maintenance district assessments for Fiscal Year 2003-2004 This was the time and place set for the public hearing on Commission Resolution No. 3610, entitled: COMMISSION RESOLUTION NO. 3610 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 CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY-WIDE TREE MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN AND TO EXTEND THE BOUNDARIES OF SAID DISTRICT TO ENCOMPASS ANNEXED PROPERTIES. Mayor Kirchhoff opened the public hearing. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the public hearing be continued to the August 18 meeting. The motion carried by the following Aye and No vote: 08-11-03 ------ - 11 - those voting Aye being Commissioner Cetraro, Commissioner Youngman, Commissioner Brown and Mayor Kirchhoff; those voting No, none. Public hearina - Conditional Use Permit with Certificate of Appropriateness to allow home occupation in proposed second stOry addition to existina aaraae/accessorv structure on lots 23 and 24. Block 11. Butte Addition. with deviations from Section 18.50.050.F .1.. Bozeman Municipal Code. to allow proposed garaae/office to encroach 5% feet into reauired 10-foot setback for accessory buildings. and from Section 18.52.050.G.. to allow structure to OCCUpy more than 25 percent of the reauired rear yard - Connie Johannsen. 620 North Willson Avenue (Z-03121) This was the time and place set for the public hearing on the Conditional Use Permit with Certificate of Appropriateness requested by Connie Johannsen under Application No. Z-03121, to allow a home occupation in the proposed second story addition to the existing garage/accessory structure on Lots 23 and 24, Block 11, Butte Addition, with deviations from Section 18.50.050.F.1. of the Bozeman Municipal Code, to allow proposed garage/office to encroach 5~ feet into the required 10-foot setback for accessory buildings, and from Section 18.52.050.G., to allow the structure to occupy more than 25 percent of the required rear yard. The subject property is located at 620 North Willson Avenue. Mayor Kirchhoff opened the public hearing. Assistant Planner Susan Kozub presented the staff report. She stated the applicant had originally requested an apartment in the second story addition, but the ordinance does not permit both an apartment and a home occupation so she has chosen the home occupation. She reviewed the deviations needed in conjunction with this application due to the size and location of the existing structure. 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. Based on those findings, staff has forwarded a recommendation for approval, subject to ten conditions. Responding to Commissioner Brown, Assistant Planner Kozub stated the house is 20.1 feet tall; and the proposed garage will be 19 feet tall. Mr. Hans Haumberger, architect representing the applicant, noted the design has been updated several times since the original plan was prepared; and he feels the result is a better proposal. He stated the applicant definitely wants to use this additional space for a work area and office. He then indicated that the garage will definitely be lower than the house. No one was present to speak in opposition to this application. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Youngman, seconded by Commissioner Brown, that the Conditional Use Permit with Certificate of Appropriateness requested by Connie Johannsen under Application No. Z -03121 , to allow a home occupation in the proposed second story addition to the existing garage/accessory structure on Lots 23 and 24, Block 11, Butte Addition, with deviations from Section 18.50.050.F.1. of the Bozeman Municipal Code, to allow proposed garage/office to encroach 5~ feet into the required 10-foot setback for accessory buildings, and from Section 18.52.050.G., to allow the structure to occupy more than 25 percent of the required rear yard, be approved subject to the following conditions: 1. The building permit plans and elevations shall depict a garage including a garage door. 2. The footprint of the accessory structure shall not change from the existing footprint except to allow the second story deck on the north side. All stairways shall be contained within the interior of the structure. 3. Per Section 18.50.140.A.2., home occupations by conditional use permit shall only be allowed on a lot occupied by a single-household detached dwelling. If the office space is converted into an apartment, the conditional use permit shall be null and void. 08-11-03 - 12 - 4. Per Section 18.50.050.E., the height ofthe accessory structure shall not exceed that of the principal building. 5. The right to a Conditional Use Permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. All of the special conditions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his/her successors or assigns, and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the commencement of use. 6. 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. 7. 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. 8. The proposed garage/office must have its own sewer service, independent of the existing house. 9. The main residence plumbing shall be brought up to code in terms of backflow protection. 10. The proposed garage/office water line may tie into the existing line for the main structure behind the water meter and backflow protection. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Break - 8:05 to 8:15 o.m. Mayor Kirchhoff declared a break from 8:05 p.m. to 8:15 p.m., in accordance with Commission policy. Public hearing - oreliminary olat for maior subdivision olanned unit develooment - C&H Enaineerina for Evert Wierda. Buffalo Land Management. LLC. and Baxter Sauare Partners. LLC - subdivide 18 acres described as the E%. W%. SE%. SW%. Section 35. T1S. R5E. MPM. into 101 townhouse lots. two 8-olex lots and one sinale-familv residential lot. with concurrent construction of buildings and subdivision infrastructure. and relaxation from Section 16.16.080. Bozeman Municioal Code. to allow construction of orivate streets to less than Citv standards lalona north side of Baxter Lane. west of its intersection with Thomas Drive} lP-03020} This was the time and place set for the public hearing on the preliminary plat for the Baxter Square Subdivision, as requested by C&H Engineering and JKG and Associates for Evert Wierda, Buffalo Land Management, LLC, and Baxter Square Partners, LLC, under Application No. P-03020, to subdivide 18 acres described as the East one-half, West one-half, Southeast one-quarter, Southwest one-quarter of Section 35, Township 1 South, Range 5 East, Montana Principal Meridian, into 101 townhouse lots, two 8-plex lots and one single-family residential lot, with concurrent construction of buildings and subdivision infrastructure, and relaxation from Section 16.16.080 of the Bozeman Municipal Code, to allow construction of private streets to less than City standards. The subject property is located along the north side of Baxter Lane, west of its intersection with Thomas Drive. Mayor Kirchhoff opened the public hearing. 08-11-03 -..- .-..---...-.---.--....- - 13 - Assistant Planner Jami Morris presented the staff report. She stated the subject property is located along the north side of Baxter Lane, west of its intersection with Thomas Drive. The eastern half of the property was annexed at the end of 2002; and the western half is currently going through the annexation process. She also noted that a zoning designation of "R-3," Residential-Medium-density, has been approved for the entire 18-acre parcel, contingent upon annexation of the western portion. Assistant Planner Morris noted that under this application, the 18-acre parcel is to be subdivided into 101 townhouse lots, two 8-plex lots and one single-family lot for the existing home. In conjunction with this application, direct access to Baxter Lane for the existing home is to be eliminated and that roadway improved to a minor collector standard. The subdivision is to be served primarily by private streets in public street easements. A stream runs through the southwest corner of the property; and the Department of Natural Resources and Conservation refers to it as "No Name," although C&H Engineering believes it is part of Cattail Creek. A parkland dedication of .03 acre per dwelling unit is required; and the applicant has proposed a little over 2 acres in a central park and parkland adjacent to the setback from the stream corridor. The Assistant Planner noted that the applicant has also requested concurrent construction of buildings and subdivision infrastructure. Responding to Mayor Kirchhoff, Assistant Planner Morris confirmed some of the wetlands on the property may be artificial wetlands created by the railroad spur that traversed the property. If they are determined to be jurisdictional wetlands, the lot lines will need to be revised. Assistant Planner Morris highlighted some of the conditions recommended by the Planning Board, noting that there is an on-site well that may be used for irrigation rather than treated water. She then noted that the solvent site plume does not extend this far west, although some concern was expressed that the use of wells for irrigation could result in increased pollutants downstream; and use of irrigation wells will be subject to approval by the Department of Natural Resources and Conservation. As a result of the public hearing before the Planning Board, Lots 54 and 55 are to be removed and that land added to the adjacent park, with the remainder of the parkland requirement for the project to be met through a cash-in-lieu payment. She then indicated that Condition No. 41 is to be revised to reference .6 acre rather than .8 acre. Mayor Kirchhoff expressed concern about the proposed mechanism for addressing snow removal on the private streets, particularly in light of the fact that the City is often asked to take over maintenance of private streets after a few years. Planning Director Epple stated that staff has made it perfectly clear the City does not intend to take over responsibility for maintaining the private streets; and that is why one of the conditions requires that it be addressed in the covenants. He then drew attention to the number of subdivision relaxations being proposed, including non-standard streets and curb sidewalks. He indicated that the curb sidewalks allow a 20-foot parking place adjacent to the garages; and a more traditional sidewalk location would not be functional because it would either be blocked by cars parking across it or vehicles backing across it. Commissioner Brown voiced his concerns with the curb sidewalks and potential street maintenance problems resulting from construction as private streets. He also noted that under the "R-3" zoning designation, five units per building are allowed, but this application includes two 8-plexes. Ms. Voss Bowman, representing the owners, stated much thought has gone into this project; and it has been designed for the most efficient and best use. The centrally located park is to create a Cooper Park like feel, with residential units to be constructed facing the park. The design team has listened to staff and the Planning Board by reducing the density, designating additional parkland and open space, and providing easier access to the trail network. Since this property is within one-half mile of the regional park and one-quarter mile of Rose Park, she feels that cash-in-lieu for the remainder of the parkland dedication requirement is appropriate. Ms. Bowman stated the structures within this subdivision are to be reminiscent of downtown Bozeman, with efforts being made to de-emphasize the garages and incorporate unique architectural features. Each unit is to be differentiated by its shading, windows and doors; and the buildings are to incorporate different features but be compatible in design and color. She indicated that the two 8-plex condominium units are being required to address affordable housing issues, with their goal being to meet the affordable housing guidelines for those units. Given the location of this property, people will be encouraged to either walk or ride bicycles to the businesses, services and parks in the immediate area. 08-11-03 n____.___..______.. __....._.._._._.. _..___.._._._._._._....___.u.___._._____... ______..__.u_...... --..-....-..---........---". - 14 - Ms. Bowman stated this subdivision is being developed as a townhouse subdivision, with a professional management company being responsible for enforcement of the covenants and for maintaining all of the open space, parks, trails, grounds, exteriors and yards of the units as well as snow removal and storage or disposal. Responding to Commissioner Brown, Ms. Bowman stated that two developers will be involved in the project since there are two parcels of land, but they will not be selling any of the lots at this time. Mr. Per Hjalmersson, C&H Engineering, stated the property owners are working together has allowed the park to be located in the central area of the project. He addressed the issue of groundwater, noting that it is currently 5 to 6 feet below the surface; and all buildings will have crawl spaces but not basements. He then indicated that Ms. Barbara Vaughn is working with the Army Corps of Engineers to determine if the wetlands adjacent to the railroad berm are jurisdictional wetlands or artificial wetlands. He concluded by addressing snow removal issues, noting that snow will be hauled from the site if necessary. Mr. John Sinrud, designer, stated it is their intent to create a cohesive community with the central park serving as a focal point. He then indicated that a good portion of the Victorian style has been incorporated into this project in the outer limits of the community. Mr. Ron Lewis, neighbor to the west, characterized this as a "lousy piece" on which to build a subdivision, noting there is a swamp where the condominiums are proposed. He indicated the water table is really about 30 inches deep behind his house and about 6 inches deep on the northern portion of the property. He stated there are pockets of water throughout the site; and they are not due to the old railroad line. He also voiced concern that the catch basins will attract mosquitos, and could result in breeding grounds for the West Nile virus. Ms. Debbie Campbell, 1163 Thomas Drive, stated this proposed project is too dense and does not have enough parking. She noted that she purchased her current home because of its location and space; and she is now faced with a dense development along her rear property line that will result in her loss of privacy. She expressed her opposition to the requested 8-plex lots, stating she feels development should be in compliance with the zoning regulations. She does not believe that multi-family development adjacent to single-family development on one-acre lots is appropriate. She also voiced concern about the proposal for concurrent construction of buildings and installation of infrastructure and cautioned that narrower streets will not result in slower traffic, rather they will result in a more dangerous situation. Further, Thomas Drive is maintained by the residents along that road, and she asked who would be responsible for repairing the street if it is torn up for the installation of a sewer main. She concluded by expressing concern about the potential impacts this development might have on her water supply. Assistant Planner Jami Morris responded to some of the questions and issues raised, stating that emergency services has indicated the private streets are adequate for access. She then noted that, through the zoning planned unit development process, a higher density can be allowed than the limitations in the code. She indicated that, based on the growth policy, an average of 12 units per acre is suggested for medium-density residential development; and this subdivision will be at a density of 11 units per acre as proposed. She then indicated that the requirement of DNRC approval for the well is to ensure it does not negatively impact other wells in the area. She concluded by noting that Baxter Lane is to be improved to a minor arterial standard and Thomas Drive is to be improved to a collector standard in conjunction with the development project. She suggested that, to address the view and privacy issues identified by Ms. Campbell, the applicant has proposed the addition of a condition to the zoning planned unit development that requires the installation of a fence along the 8-plex lots. Ms. Voss Bowman indicated it is their intent to keep the development as open as possible, but confirmed the applicants are willing to install a fence approved by the City. She noted that detention ponds are required for on-site retention of stormwater, but she is willing to take steps to ensure those ponds don't become mosquito pits if possible. She stated the development plan includes 137 parking spaces, which meets the code requirements, and concluded by expressing a willingness to work with other neighbors to address their concerns. Mr. Hjalmersson stated that in March, the engineers dug two holes, one north of the railroad berm and one at the south end of the property, and the water level was at 5 feet in both holes. He then indicated that the groundwater levels will be addressed in the engineering of the project and setting the elevations 08-11-03 ------------------------------------------------------ ------ - 15 - of the homes. He noted that the detention ponds can be constructed with gravel in the bottom to ensure that water will not sit in them. Responding to questions from Commissioner Youngman, Assistant Planner Morris indicated that the Planning staff relies on the Engineering staff to review the results of groundwater testing to ensure development is appropriate. Responding to Mayor Kirchhoff, Mr. Sinrud cautioned that moving the 8-plex units to the east to allow for a standard sidewalk would be difficult since they are close or at the 20-foot rear yard setback. Mayor Kirchhoff voiced his support for the central park and the fact that it is bounded by public right- of-way on all four sides. In response to concerns voiced by Commissioner Youngman, Planning Director Epple read the section from the subdivision regulations regarding groundwater monitoring. He suggested that, if the Commission feels additional information is needed, additional testing can be required. Commissioner Brown indicated he shares Commissioner Youngman's concerns. Mayor Kirchhoff stated his support for an additional condition requiring a second groundwater test. Commissioner Youngman voiced her discomfort with curb sidewalks, but indicated she will support the application because they are part of an overall design that will be affected by any attempts to relocate them. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the preliminary plat for the Baxter Square Subdivision, as requested by C&H Engineering and JKG and Associates for Evert Wierda, Buffalo Land Management, LLC, and Baxter Square Partners, LLC, under Application No. P-03020, to subdivide 18 acres described as the East one-half, West one-half, Southeast one-quarter, Southwest one-quarter of Section 35, Township 1 South, Range 5 East. Montana Principal Meridian, into 101 townhouse lots, two 8-plex lots and one single-family residential lot. with concurrent construction of buildings and subdivision infrastructure, and relaxation from Section 16.16.080 of the Bozeman Municipal Code, to allow construction of private streets to less than City standards, be approved subject to the following conditions: 1. All mature vegetation that currently exists within any of the designated park, open space and required setbacks shall be preserved. The Planning Office shall be contacted prior to any mature vegetation being removed. 2. Unless precluded by DNRC, the subdivider shall be responsible for locating and installing an irrigation well strictly for the purposes of irrigating residential yard spaces, boulevard, open space and parkland. If a well is not permitted, irrigation shall be provided by the subdivider using City water, and a new landscape plan, which includes mostly drought-resistant species, shall be submitted for review and approval by the Planning Department 3. If the subdivision improvements are to be phased in, then the open space and parkland improvements shall be completed with the platting of Phase 1. 4. Cash in lieu of water rights for Baxter Square Subdivision, as determined by the Director of Public Service, must be paid at the time the final plat is submitted. 5. The declaration of covenants for the subdivision must be included and recorded with the final plat. The City of Bozeman shall be party to any changes or modifications made to the restrictive covenants and Architectural Guidelines as they relate to any zoning and/or planning bylaws. 6. The dedicated parkland shall be identified as "Public Park" on the final plat. 08-11-03 - 16 - 7. The developer shall submit a formal development plan signed by a certified landscape architect for the design of all dedicated parklands within said subdivision for review and approval by the Superintendent of Facilities and Lands and the City of Bozeman Recreation and Parks Advisory Board. Per Section 16.08.080, "Final Park Plan," a final park plan shall be submitted to the City of Bozeman for review and approval prior to the installation of any park improvements. The park plan shall address all of the items listed in Section 16.08.050.P. for the dedicated parkland, open space areas and trail amenities. 8. The applicant shall obtain written approval from the Superintendent of Facilities and Lands of a park land implementation plan outlining installation of landscape improvements, trail/bike path improvements, and maintenance and upkeep of the park lands and trails, and that said implementation plan be noted accordingly in the protective covenants and restrictions ofthe property owners' association documents, for review and approval prior to final plat approval. 9. Section 16.14.100, "Park Requirements" allows public parkland to be used for stormwater detention or retention ponds but the area shall not count towards the parkland dedication requirement. The parkland estimates shall be recalculated excluding the stormwater detention/retention ponds. 10. The public parkland boundaries bordering all private lots shall be delineated at the common private/public corner pins, with flat, flexible fiberglass posts, as prescribed in Section 16.14.100. F .3. of the Bozeman Municipal Code prior to filing of the any phase of the major subdivision that contains dedicated public parkland. 11. If the remainder of the parkland is to be provided in the form of cash-in-lieu of parkland donation then the plat shall conform to Section 18.14.1 OO.G., "Cash in Lieu of Park Land Donation." 12. Section 16.14.11 O.A., "City of Bozeman Rights-of-Way," states that the subdivider shall be responsible for installing sod, boulevard trees and an irrigation system in the public right-of-way boulevard strips along all external subdivision streets and adjacent to subdivision parks or other open space areas. 13. Section 16.14.120.B.1., "Transportation Pathways," requires corridors for Class 1 trails to be dedicated to the City. The dedicated trail corridor shall be at least 25 feet in width to ensure adequate room for the construction, maintenance and use of the trail. Transportation trail corridors cannot be used to satisfy parkland dedication requirements. Trail specifications shall be submitted to the Planning Department, for review and approval, prior to construction of the trail. 14. The subdivider shall provide irrigation system as-builts, for all irrigation installed in public rights-of-way and/or land used to meet parkland dedication requirements. The as-builts shall include the exact locations and type of lines, including accurate depth, water source, heads, electric valves, quick couplers, drains and control box as outlined in Section 16.08.090, "Irrigation System As-builts." 15. Streetlights shall be provided at all intersections of public and/or private streets and at the intersection of pathways and streets within the proposed subdivision as outlined in Section 16.14.230.0., "Subdivision Light Fixture Location and Placement. " 16. Per Section 16.14.230.G., "Lighting Specifications," the standard height for light standards shall not exceed 24 feet. 17. As recommended by the State Historical Preservation Office (SHPO), a professional cultural resource inventory of the site shall be conducted by a qualified archeologist. The results of said survey must be provided to the Planning Department prior to the submittal of any infrastructure plans and specifications. 08-11-03 --------- _n__________ ...---..-..--......-. - - ----.--------.----.-..... _._._n. ~ - 17 - 18. Prior to final plat approval, a Memorandum of Understanding shall be entered into by the Weed Control District and the subdivider for the control of county declared noxious weeds and a copy provided to the Planning Department. 19. The final plat shall conform to all requirements of the Bozeman Subdivision Regulations and the Uniform Standards for Final Subdivision Plats and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The final plat application shall include two (2) signed reproducible copies on a stable base polyester film (or equivalent); two (2) digital copies on a double-sided, high density 3~-inch floppy disk or compact disk; and five (5) paper prints. 20. Conditional approval of the preliminary plat shall be in force for not more than three calendar years, as provided by state statute. Prior to that expiration date, the developer may submit a letter of request for the extension of the period to the Planning Director for the City Commission's consideration. 21. If it is the developer's intent to file the plat prior to the completion of all required improvements, an Improvements Agreement shall be entered into with the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is filed prior to the installation of all improvements, the developer shall supply the City of Bozeman with an acceptable method of security equal to 150% of the cost of the remaining improvements. 22. A Stormwater Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer. The master plan must depict the maximum sized retention basin location, show location of and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin site, drainage ways and finished lot grades), typical stormwater detention/retention basin and discharge structure details, basin sizing calculations and a stormwater maintenance plan. Any stormwater ponds located within a park or open space shall be designed and constructed to be conducive to the normal use and maintenance of the open space. Stormwater ponds for runoff generated by the subdivision (e.g.. general lot runoff. public or private streets. common open space. parks. etc.) shall not be located on easements within privately owned lots. The pond in the northwest corner of the subdivision appears to violate this and shall be on open space if it is collecting runoff from subdivisions streets. While the runoff from the individual lots will be dependent on the intensity of use on each lot, the maximum sizing of the storm retention facilities for each lot will be established based on maximum site development. Final facility sizing may be reviewed and reduced during design review of the final site plan for each lot. 23. Plans and specifications and a detailed design report for water and sewer main extensions, storm sewer and the public street, prepared by a Professional Engineer, shall be provided to and approved by the City Engineer and 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. 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 shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements unless approved for concurrent construction by the City Commission. If approved for concurrent construction. all parts of section 16.22.030 ofthe subdivision regulations must be complied with. 08-11-03 - -------.--.---- .. .-..-..--.--------.. -.------- n.. ._....._..._..__. _.u_ - 18 - 24. All infrastructure improvements including 1) water and sewer main extensions, and 2) public streets, curb/gutter, sidewalks fronting parks, open space, rear yard frontages or other non-lot frontages, and related storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to final plat approval. City standard residential sidewalks shall be constructed on all public street frontages of a property prior to occupancy of any structure on the property. Upon the third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed said sidewalk shall, without further notice, construct within 30 days said sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot. This condition shall be included on the plat and in the covenants for the subdivision. 25. The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted as proposed. 26. 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. 27. 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 the edge of easement. 28. Project phasing shall be clearly defined including installation of infrastructure. 29. The developer shall make arrangements with the City Engineer's office to provide addresses for all individual lots in the subdivision prior to filing of the final plat. 30. All street names must be approved by the County Road and Bridge Department and the City Engineering Division to eliminate duplication of names countywide. 31. A one-foot no access strip shall be shown on the final plat along the entire Baxter Lane frontage. The driveway for the existing dwelling shall be relocated to the new street, and the existing driveway obliterated. 32. The existing dwelling must be connected to city sewer and water once the mains have been installed and accepted by the City. 33. The 12-inch water main in Baxter Lane shall be extended to the western boundary of the subdivision to conform to the City's Water Master Plan. 34. Baxter Lane shall be improved to one half of a minor arterial standard as shown in the Transportation Plan along the frontage of this subdivision. 35. North 27th Avenue/Thomas Lane shall be improved to one half of a collector standard as shown in the Transportation Plan from the east/west street midway through the subdivision to Baxter Lane. 36. The three way stop suggested in the Traffic Impact Study (TIS) at the intersection in the center of the subdivision will not be allowed. This intersection will be one way stop controlled (south leg) until such time as warrants are met for three way stop. If crosswalks are installed at this intersection as suggested in the TIS they must be thermoplastic or preformed plastic, and all required signing must be installed. 37. No Parking signs shall be installed and the curb painted yellow on one side of all of the private streets. The minimum allowed width of these private streets shall be 29- foot back of curb to back of curb. 38. All of the sidewalks that are substandard (less than 5 feet) in width shall meet ADA requirements for turnouts for passing and width at intersections. 08-11-03 - ------------- -..-----.-----.-- - 19- 39. All lots shall be served by a sewer main extended from the north near Cattail Drive. No direct connection to the Baxter sewer will be allowed. 40. The center east/west public street shall be improved to a full city standard local street from the eastern boundary of this subdivision to North 27th Avenue/Thomas Lane. 41. An additional 0.6 acres of parkland dedication is required. Lots 54 and 55 shall be removed and added to the land adjacent to the park and the remaining required acreage shall be received as cash-in-lieu as written in Condition No. 11. 42. The overhead power line across the park shall be relocated or buried to avoid interference with park use and public safety. 43. The north end of the trail, near the stream/ditch, shall be located so as to continue along the stream/ditch when the property to the west is developed. 44. The covenants shall include a section precluding snow storage on the streets and sidewalks. A copy of an approved snow storage plan shall also be included in the recorded covenants. 45. The applicants are required to provide two additional groundwater test pits during the month of August. The plat shall include restrictive language for construction if determined necessary by the Engineering and BUilding Departments. Record of the groundwater depth shall be provided on the plat. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. Public hearina - Conditional Use Permit for Planned Unit Development - C&H Engineering for Evert Wierda. Buffalo Land Manaaement. LLC. and Baxter Sauare Partners. LLC - allow construction of 101 townhouse units and two 8-unit apartment buildings on 18 acres described as the E%. W%. SE14. SW14. Section 35. T1 S. R5E. MPM. with relaxations from Sections 18.20.020. to allow two 8-plex condominium buildings in R-3 zoning district: 18.20.030. to allow two 8-plex townhouse clusters on average lot area less than 3.000 sauare feet: 18.20.050. to allow townhouses to encroach UP to 1% feet into 20-foot front yard setback: 18.50.060.A.. to allow townhouse patios to encroach UP to 10 feet into 20-foot rear yard setback: 18.50.060.C.. to allow townhouses to encroach UP to 2 feet into 15-foot corner side yard setback: 18.50.11 O.B.. to allow UP to 8-foot reduction to standard drive aisle width of 26-feet for 8-plex parkina lots and to allow townhouse driveway stall length to be reduced from 20 feet to 18 feet: and 18.50.110.K.. to allow parkina lots for 8-plexes to encroach UP to 7 feet into 20-foot front yard setback and 5 feet into 5-foot side yard setback (alona north side of Baxter Lane. west of its intersection with Thomas Drive) (Z-03132) This was the time and place set for the public hearing on the Conditional Use Permit for the Baxter Square Planned Unit Development, as requested by by C&H Engineering and JKG and Associates for Evert Wierda, Buffalo Land Management, LLC, and Baxter Square Partners, LLC, under Application No. Z-03132, to allow construction of 101 townhouse units and two 8-unit condominium buildings on 18 acres described as the East one-half, West one-half, Southeast one-quarter, Southwest one-quarter of Section 35, Township 1 South, Range 5 East, Montana Principal Meridian, with relaxations from the requirements ofthe Bozeman Municipal Code, as follows: Section 18.20.020, to allow two 8-plex condominium buildings in the R-3 zoning district; Section 18.20.030, to allow two 8-plex condominium clusters on an average lot area less than 3,000 square feet; Section 18.20.050, to allow townhouses to encroach up to 11f2 feet into the 20-foot front yard setback; Section 18.50.060.A., to allow townhouse patios to encroach up to 10 feet into the 20-foot rear yard setback; Section 18.50.060.C., to allow townhouses to encroach up to 2 feet into the 15-foot corner side yard setback; Section 18.50.11 O.B., to allow up to an 8-foot reduction to the standard drive aisle width of 26-feet for 8-plex parking lots and to allow townhouse driveway stall length to be reduced from 20 feet to 18 feet; and Section 18.50.11 O.K., to allow parking lots for 8-plexes to encroach up to 7 feet into the 20-foot front yard setback and 5 feet into the 5-foot side yard setback. The subject property is located along the north side of Baxter Lane, west of its intersection with Thomas Drive. 08-11-03 ~-- -.-.-- - 20- Mayor Kirchhoff opened the public hearing. Assistant Planner Jami Morris presented the staff report. She reviewed the numerous relaxations being requested in conjunction with this planned unit development, noting that many of them are based on the input received during informal review of this proposal. She indicated that some of the requested relaxations apply to only a few of the units within the overall development. As a result of reviewing these requested relaxations, staff has found it cannot support the relaxations from Section 18.20.050, to allow townhouses to encroach up to 1Y:z feet into the 20-foot front yard setback; from Section 18.50.060.C., to allow townhouses to encroach up to 2 feet into the 15-foot corner side yard setback; and from Section 18.50.11 O.B., to allow up to an 8-foot reduction to the standard drive aisle width of 26-feet for 8-plex parking lots and to allow townhouse driveway stall length to be reduced from 20 feet to 18 feet. She cautioned that reducing the setback and stall length can create potential conflicts with pedestrian movements, since vehicles may overhang the sidewalk. She indicated that adequate parking is to be provided with the townhouse units having one space in the garage, one space outside the garage, and a third space on the street. If the 8-plex condominium units are to be affordable units, the parking requirement can be reduced to one space per unit; and that amount of parking is being provided. 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. Based on those findings, staff has forwarded a recommendation for approval, subject to several conditions. Ms. Voss Bowman, applicant, noted that the 8-plexes are not apartment buildings; rather, they are condominium units that will be sold to individuals. Mr. John Sinrud, designer, addressed how the plan will be adjusted in light of staff's inability to support three of the requested relaxations. He indicated that, for those units where the garage was to encroach into the front yard setback, the garage will be moved back, with the square footage being taken out of the home. He noted that the other two relaxations can be addressed simply by ensuring that the condominium units in the 8-plexes are affordable, since adequate parking is being provided to meet those code requirements. Mr. Bruce Campbell, 1163 Thomas Drive, stated he is opposed to the entire subdivision and development. He raised several questions, including how the main electrical transmission line on the alignment of Thomas Drive and North 27th A venue will be accommodated. He also expressed concern that the recommended improvements to Baxter Lane will result in pockets of wide and narrow street. He asked for assurance that the irrigation well can be shut down in the event of a drought, to ensure he has adequate domestic water. He concluded by identifying the differences in the addressing systems for the city and the county and asked who is responsible for changing the addresses. Assistant Planner Morris stated that staff identified the 8-plexes as apartments based on the style of the buildings. She then noted the zone code does not differentiate between rentals and owner-occupied units; and ensuring the affordability of those units will be the responsibility of a certifying agency. Mr. Per Hjalmersson, C&H Engineering, addressed the questions regarding the location of the electrical transmission line, noting it will remain in the center of the road, in a configuration similar to North 27th Avenue in Harvest Creek Subdivision. He then indicated that if using a well for irrigation becomes an issue for other wells in the area, City water will be used for irrigation in this development. He further noted that irrigation wells in the county are restricted to 35 gallons per minute. Responding to Commissioner Youngman, Assistant Planner Morris indicated that the zone code states that the requirement for screening can be applied when the units are of differing character. She noted that a 6-foot fence or 8-foot vegetation is typically required. She stated that efforts are generally made to integrate development with the surrounding area; but in this instance, it would be appropriate to add a condition requiring screening in light of the adjacent property owner's concerns. She suggested that the screening be as required under the zone code and acceptable to both parties. Assistant Planner Morris noted that these properties will receive city addressing and, as other properties are annexed, they will also be assigned city addresses. She then noted that the County GIS Manager and City GIS Manager are working together to coordinate those changes. 08-11-03 ------.--.---.-------------- ------- --------- . --.-------- .---- ..---...---..------ --...-. -- .-. -. .. .--.-.... -.------.---.-. --- ~ - 21 - Responding to Commissioner Youngman, Mr. Sinrud indicated that Planning staff was great to work with, but he has some concerns about the mixed signals from the Recreation and Parks Advisory Board and the lack of comment on the design and architectural elements of this project by the various reviewing agencies. Mayor Kirchhoff stated his only concerns still revolve around the sidewalks. He voiced his appreciation for the applicants' willingness to pursue affordable housing, providing for future connections outside the development, and the architectural elements and the pleasant streets cape that the design provides. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the Conditional Use Permit for the Baxter Square Planned Unit Development, as requested by by C&H Engineering and JKG and Associates for Evert Wierda, Buffalo Land Management, LLC, and Baxter Square Partners, LLC, under Application No. Z-03132, to allow construction of 101 townhouse units and two 8-unit condominium buildings on 18 acres described as the East one-half, West one-half, Southeast one-quarter, Southwest one-quarter of Section 35, Township 1 South, Range 5 East, Montana Principal Meridian, be approved and that relaxations from the requirements of the Bozeman Municipal Code be approved as follows: Section 18.20.020, to allow two 8-plex condominium buildings in the R-3 zoning district; Section 18.20.030, to allow two 8-plex condominium clusters on an average lot area less than 3,000 square feet; Section 18.50.060.A., to allow townhouse patios to encroach up to 10 feet into the 20-foot rear yard setback; and Section 18.50.11 O.K., to allow parking lots for 8-plexes to encroach up to 7 feet into the 20-foot front yard setback and 5 feet into the 5-foot side yard setback, subject to the following conditions: 1. A materials sample board and color palette shall be provided with the final site plan for review and approval by the Administrative Design Review Staff. 2. Street trees shall be provided within the front yard setback on the streets without boulevards. 3. The right to a conditional use permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. 4. All special conditions and code provisions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing by the applicant prior to commencement of the use and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the final site plan approval or commencement of the use. 5. All of the conditions and code provisions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or assigns. 6. 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. 7. 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 MAY BE POURED UNTIL A BUILDING PERMIT IS OBTAINED. 8. The applicant shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements at the time of final site plan submittal. If occupancy of the structure is to occur prior to the installation of all required on-site improvements, the Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated 08-11-03 ------------- ._ ...___.__m____ --...-.--..--.----.-.... - 22- cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve (12) months; however, the applicant shall complete all on-site improvements within nine (9) months of occupancy to avoid default on the method of security. 9. The final site plan, building permits and occupancy of all structures shall be in compliance with the criteria outlined in Section 18.50.030.0.3. for concurrent construction. 10. Per Section 18A9.040.C.3., "Preparation of a Landscape Plan", landscape plans shall be prepared and certified by a registered Montana landscape architect, an individual with a degree in landscape design and two years of professional design experience, or an individual with a degree in a related field and at least five years of professional design experience. The final landscape plan shall indicate both existing vegetation to be preserved and proposed vegetation. 11. The 8-plex parking lots shall conform to Section 18A9.060.C., "Parking Lot Landscaping," which states that internal parking lot landscaping provided shall be proportionately dispersed so as to define aisles and limit unbroken rows of parking to a maximum of one hundred feet, with landscaped areas provided in an appropriate scale to the size of the parking lot. The minimum width and/or length of any parking lot landscaped area shall be eight feet. 12. All lighting shall be arranged so as to deflect light down and/or away from any adjoining properties and shall not detract from driver visibility on adjacent streets. Luminaires and lenses shall not protrude below the edge of the light fixture per Section 18.50.035.A. 13. A watercourse setback planting plan shall be prepared by a qualified landscape professional and shall be reviewed and approved by the Planning Department prior to the commencement of development or site preparation. The plan shall include a schedule for planting and landscaping as outlined for Zone 1 and Zone 2 of Section 18.50.060.0.2.g., "Setback Planting." 14. Per Section 18.50.110.8.13., "Pedestrian Facilities in Parking Lots," concrete sidewalks a minimum of three feet in width shall be provided between any existing or proposed building and adjacent parking lot. Where sidewalk curbs serve as wheel stops, an additional two feet of sidewalk width is required. 15. Per Section 18.50.11 0.F.3., "Disabled Accessible Parking Spaces," parking spaces and access aisles shall be level with slopes not exceeding 1 :50 in all directions. Raised signs shall be located at a distance no greater than five feet from the front of each accessible space and shall state "Permit Required $100 Fine." One of the disabled accessible spaces shall also be signed "Van Accessible." 16. Section 18.50.110.F.1.b.i., "Affordable Housing," when calculating the amount of required parking for affordable housing, as defined in Chapter 18.04, if the project is guaranteed for use as affordable housing for a minimum period of 30 years and the use as affordable housing is subject to long term monitoring to ensure compliance and continued use as affordable housing, all parking shall be calculated as if on-street parking were available for each affordable dwelling unit provided, and shall not exceed that required for a 2 bedroom dwelling. 17. Section 18.54.060.CA.d., "Open Space Maintenance Plan," requires that the developer submit a legal instrument setting forth a plan providing for the permanent care and maintenance of open spaces, recreational areas, communally owned facilities, and parking lots. Once the document has been approved by the city, the property owner shall file the document with the Gallatin County Clerk and Recorder's Office. A copy of the recording receipt and the signed and notarized document shall be provided with the final site plan submittal. 08-11-03 --- ..---..------- ...----....---- ___ ._.___.... ..nn.__ ------.-.------.... . - 23- 18. The applicant shall provide a bound copy of the Architectural Guidelines, including a table of contents that identifies each chapter and page numbers. with the final site plan as described in Section 18.54.080.0.2., "Developmental Guidelines Submittal Requirements." The City of Bozeman shall be third party to any changes or modifications made to the restrictive Covenants and Architectural Guidelines as they relate to any zoning and/or planning bylaws. 19. 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 Bozeman Municipal Code. 20. Adequate snow storage area must be designated on the final site plan identifying areas to store snow off the streets and sidewalks and outside the street vision triangles. 21. The property owner shall provide screening along the east property line adjacent to the 8-plexes that complies with the zone code and is acceptable to the property owner, adjacent property owners and the City of Bozeman. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro, Commissioner Youngman, Commissioner Brown and Mayor Kirchhoff; those voting No, none. Public comment No one from the public submitted any comments under this agenda item. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1 ) Letter of resignation from the Local Water Quality District Board, dated August 1, 2003, as submitted by Phillip Butterfield. (2) Copy of a letter from the Senior Citizens' Advisory Board, dated June 10, asking that the Commission budget $500 to help defray the costs of printing and mailing the booklet "The Gallatin Valley Senior Source." (3) Letter from the Historic Preservation Advisory Board, dated August 5, asking the Commission to add a position on the board for a high school or college student under 22 years old. (4) Letter from Resource Technologies, Inc., dated August 4, forwarding air monitoring results for the remediation site for the period June 16 through July 29, 2003. (5) Listing of planning projects to be considered at upcoming meetings, dated August 11 , 2003. (6) Information from the Community Affordable Housing Advisory Board regarding questions raised by the Commissioners when reviewing the proposed affordable housing policy at the July 28 meeting. (7) Minutes from the Community Affordable Housing Advisory Board meeting held on July 10, 2003. (8) Newsletter from Headwaters Recycling, announcing that the next meeting will be held on August 11 at Three Forks. (9) Agenda for the School District NO.7 Board of Trustees meeting to be held at 7:00 p.m. on Monday, August 11, at the Willson School. (10) Agenda and revised agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, August 12, at the Courthouse. 08-11-03 ------------ ._..__.__n_._._..___.________ ------...--...--- - 24- (11 ) Agenda for the County Planning Board meeting to be held at 6:30 p.m. on Tuesday, August 12, at the Courthouse. (12) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, August 12, at the Professional Building. (13) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, August 12, at the Professional Building. (14) Agenda for the joint City Planning Board and Zoning Commission meeting to be held at 7:00 p.m. on Tuesday, August 12, at the Bozeman Public Library. (15) Street Superintendent John VanDelinder noted that his staff responded to a report on the "pothole line" to find a 6-foot cavern under Kagy Boulevard that a storm sewer had washed out. He stated the road was closed and the needed repairs made today. (16) City Manager Clark Johnson announced that, as of 6:00 p.m. tonight, the fire in the city's watershed has been declared contained. He noted that two 20-person crews remain and two helicopters are on standby. He then noted that the Mystic Lake area may not be reopened to the public until the nights cool down. Mayor Kirchhoff noted it is important to write a letter of thanks to the Forest Service, particularly in light of their response to the fire. (17) Planning Director Andy Epple submitted the following. (1) Noted t.hat the second of the hearings scheduled on the unified development ordinance will be held tomorrow night. (2) Announced that Ed McMahon will be speaking in Livingston on August 17. (18) The Planning Director noted that about six weeks ago, the Commission heard an informal application from Jerry Locati for a large development that involves relocation of an existing casino. Mayor Kirchhoff was absent from that meeting, and the remaining four Commissioners were split on whether to pursue a zone code amendment to allow that to occur. Mayor Kirchhoff stated he is favorable to the overall plan and does not have a problem with relocating the existing casino in conjunction with a large development held in single ownership. Commissioner Brown voiced his objection to writing the code for one person. (19) Staff Attorney Day-Moore noted that under the zoning planned unit development, it states groundwater measurements must be taken May 15 through September 15. (20) Ms. Erin Everett, reporter for the Bozeman Daily Chronicle announced this is her last meeting; she has accepted another assignment upon return from her honeymoon. (21) Commissioner Brown announced that he met with representatives from the Library Board of Trustees and had an opportunity to review the detailed financial statement. (22) Commissioner Cetraro noted he took pictures of the library at Salt Lake City and will bring them in for the Commissioners to see. (23) Mayor Kirchhoff requested that the Clerk of the Commission advertise for the openings on the various advisory boards, including the Beautification Advisory Board, the Local Water Quality District and the Pedestrian/Traffic Safety Committee. (24) Commissioner Youngman noted the Historic Preservation Advisory Board has requested an additional position for a student and asked that this be placed on an agenda for discussion after Labor Day. (25) Mayor Kirchhoff asked ifthree Commissioners support using $500 from the monies budgeted for board requests to defray a portion of the costs of pUblishing the brochure for the senior citizens; three of the Commissioners indicated support for doing so. 08-11-03 --- - -- ------------ ________n___n_._ ___...____". . _____._____________.___.._ ..__._.____________.._.__....___.___. .__ n______.___._ __.........__. n_ .._.._____... .__.__ _ _ _. .__.._.._ - 25- (26) Mayor Kirchhoff suggested that, rather than a special Commission meeting next week, two Commissioners meet with representatives from the Southwest Montana Building Industry Association, Chamber of Commerce, Human Resource Development Council and Community Affordable Housing Advisory Board to review the affordable housing strategies. The Commissioners agreed that Commissioner Youngman and Mayor Kirchhoff should meet with the group at 3:00 p.m. next Monday, with a report being made to the full Commission during the 7:00 p.m. session. Adiournment -10:22 D.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 and Mayor Kirchhoff; those voting No, none. /; ~~W- STE\1E R. R HOFF, Mayoli ATTEST: ~/~ RO N L. SULLIVAN Clerk of the Commission 08-11-03 _ .. ..__. ._____....__.._.. _._ __. n_....._._.__.____.