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HomeMy WebLinkAbout2003-03-10 Minutes, City Commission .- ---."....- -------.-..- . --~._--_._.".. ..--.... .- MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA March 10, 2003 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, March 10, 2003, at 3:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner Marcia Youngman, Commissioner Lee Hietala, Commissioner Jarvis Brown, Commissioner Andrew Cetraro, City Manager Clark Johnson, Director of Public Service Debbie Arkell, Staff Attorney Patricia Day-Moore and Clerk of the Commission Robin Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - January 18. 2000. November 22.2002. and February 18. February 24. and March 3. 2003 It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the minutes of the meetings of February 18, February 24 and March 3, 2003, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, and November 22, 2002, to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Ordinance No. 1590 - amendina the zoning desianation from "R-4" to "R-3a" on sDecified lots within Blocks 7. 8 and 9. West Park Addition. and Block 10. Park Addition (between South 7th and South 11th Avenues alona south side of West Olive Street); finally adoDt ORDINANCE NO. 1590 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP BY AMENDING THE ZONING DESIGNATION FROM "R-4" (RESIDENTIAL HIGH DENSITY) TO "R-3a" (RESIDENTIAL, TWO-HOUSEHOLD MEDIUM DENSITY DISTRICT) ON 5.22 ACRES LOCATED ALONG THE SOUTH SIDE OF WEST OLIVE STREET, BETWEEN THE ALLEY BETWEEN SOUTH 7TH AND SOUTH 8TH AVENUES AND SOUTH 11TH AVENUE, IN THE CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. Authorize City Manager to sian - AcceDtance of Public Street Easement from 19th & Main. LLC - 30-foot-wide striD across southern edge of Lot 1. Kirk's Subdivision No.3. and Lot 2A of the Amended Plat of Kirk's Subdivision No. 3. Lot 2 (for north side of West Babcock Street extendina from South 19th Ayenue eastward aDDroximately 364 feet) Authorize City Manaaer to sign - Memorandum of Agreement between the City and the Montana DeDartment of TransDortation for Roadway ImDrovements to the North 19th AvenueNallev Center Drive corridors Claims 03-1 0-03 -~ .____.__.....__...____....__..u.. n_...._. --.--.-.....-.-. ..... _..._......u - 2 - It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. Reauest for modification of Condition No. 9 for aooroval of Maior Site Plan and Certificate of Aoorooriateness to allow construction of 48-room hotel with conference center on Lot 1. Amended Subdivision Plat of McChesnev Industrial Park - John and Diana Hultman (620 Nikles Street) (Z-02184) Included in the Commissioners' packets was a memo from Assistant Planner Jami Morris forwarding the request for modification. Associate Planner Chris Saunders presented the staff report on behalf of Assistant Planner Morris. He stated that on September 16, the Commission approved the major site plan for construction of a hotel with conference center on the southeast corner of the intersection of North 7th Avenue and Nikles Street. One of the conditions of approval pertained to the installation of a sidewalk adjacent to North 7th Avenue. It initially appeared that the proposed location of the sidewalk was acceptable; however, the Montana Department of Transportation has now raised some questions and concerns about the proposed sidewalk, particularly since they plan to expand North 7th Avenue within the next couple of years. As a result, staff is proposing that Condition No.9 be revised so the applicant can proceed with construction of the hotel. He then reviewed the proposed modification to Condition No.9, as follows: 9. An 8-foot-wide boulevard and a 5-foot wide sidewalk shall be constructed along North 7th Avenue within six months of completion of the North 7th Avenue street expansion project or within five years of City Commission approval on September 16, 2002 (by September 16, 2007), whichever occurs first. The property owners shall sign a legal agreement, to be recorded at the Clerk and Recorder's Office, agreeing to the installation of said sidewalk. In addition, the property owner shall fill and grade the area as necessary for the installation of the sidewalk prior to issuance of a Certificate of Occupancy. The sidewalk shall be constructed within the designated North 7th Avenue right-of-way that and shall provides disabled accessible access. The design and location of the sidewalk must take into account the existing street lights and must be reviewed and approved by the City of Bozeman and Montana Department of Transportation. No one was present to comment on the requested modification. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the Commission approve modification of Condition No. 9 for approval of the Major Site Plan and Certificate of Appropriateness to allow construction of a 48-room hotel with conference center on Lot 1, Amended Subdivision Plat of McChesney Industrial Park, so that the condition reads as follows: 9. An 8-foot-wide boulevard and a 5-foot wide sidewalk shall be constructed along North 7th Avenue within six months of completion of the North 7th Avenue street expansion project or within five years of City Commission approval on September 16, 2002 (by September 16, 2007), whichever occurs first. The property owners shall sign a legal agreement, to be recorded at the Clerk and Recorder's Office, agreeing to the installation of said sidewalk. In addition, the property owner shall fill and grade the area as necessary for the installation of the sidewalk prior to issuance of a Certificate of Occupancy. The sidewalk shall be constructed within the designated North 7th Avenue right-of-way and shall provide disabled accessible access. The design and location of the sidewalk must take into account the existing street lights and must be reviewed and approved by the City of Bozeman and Montana Department of Transportation. 03-1 0-03 __.__. ..._ n. ________._._ - 3 - The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. Informal review of liauor consumDtion Dolicies submitted by Town Pump (I-02032) Included in the Commissioners' packets was a memo from Urban Designer Candace Honatke, dated March 5, forwarding a proposed manual for liquor consumption at the Town Pump facility in Bozeman. Urban Designer Honatke reminded the Commissioners that they had previously conducted an informal review on October 28, 2002, on a proposal to demolish the existing structure and rebuild it with the attendant parking and site improvements. She noted that questions and concerns were raised during that review regarding the on-site consumption of alcohol and sale of gasoline. She stated that the applicant has submitted a book describing and illustrating how on-site consumption and sale of gasoline works well in other locations. Mr. Lowell Springer, architect, stated that the site plan for this project and the proposed building were presented during the previous informal review; and those items are to remain the same. In light of the concerns voiced by the Commission regarding alcohol consumption, he began reviewing their policies and has been impressed with them. He stressed that the gaming room is an important part of the proposed new facility and noted that, with the policies that Town Pump has in place, it would be an asset to the community. Mr. Brian Angove, Development/Construction Manager for Town Pump, characterized the existing Town Pump building as old and dilapidated. He stated their goal is to demolish it and replace it with a larger facility that includes a larger deli. more retail space and a gaming room, and add more parking and site improvements. He estimated the project at $2 million and stressed that all components of the proposal are needed to make the project viable. Mr. Angove turned his attention to the gaming room, noting it has no bar but has a cash cage that contains the cash register; dispensers for juice, pop, coffee and alcoholic beverages; and a tracking mechanism for drinks. He stated that seating for twelve is required for the State liquor license and, in addition to the gaming machines, they propose to have small tables with four chairs around them. He noted that by State law, fueling dispensers must be a minimum of 50 feet from a gaming room wall and in this instance, the distance is 65 feet. He indicated that ample parking for gaming room customers will be provided around the corner from the fueling dispensers. Mr. Bruce Allred, Gaming Operations Manager, stated he has worked for Town Pump for fifteen years. He stressed that all employees must go through TIPS training, and failure to do so results in being removed from the schedule or being terminated. He also noted the company has a zero tolerance policy, and any employee receiving an alcohol-related citation is automatically terminated. He noted that they now have seventy facilities with a very impressive record. Ms. Deb Rice, Paralegal for Town Pump, stated she is responsible for the TIPS program. She reviewed several incident reports that reflect how the TIPS policies are applied in day-to-day operations. She indicated that these reports are completed by the employees when a TIPS policy is applied and, in some instances, the manager may add comments. Those reports generally related to a decision not to serve alcohol to an individual and the individual's decision to accept an alternative and to stay until less intoxicated. Mr. Clancy Ford, District Manager for Town Pump, stated he has worked for the company for thirteen years. He stated it is his responsibility to monitor and enforce company policies. He noted that the orientation program and TIPS training let employees know what is expected and what their job responsibilities include. He then indicated that the company has had new software designed to track player activity and when drinks are served. He noted that if any individual is given over five drinks in two hours, the program flags a manager, who then reviews the times served and the time between drinks. He noted that this system prevents the overserving of alcohol. Mr. Kevin Nygard, Manager of the Town Pump in Bozeman, stated he has worked for the company for nine years. He has remained with Town Pump because of their policies, procedures and 03-1 0-03 ..--- -.----- --..--..---.--..-...---.- ---..-.--.-.-- - 4- professionalism, even though he could earn more money elsewhere. He stated that, even though the current operation is strictly a convenience store, the employees have received the TIPS training and are constantly monitoring the sale of alcoholic beverages. Responding to Mayor Kirchhoff, Mr. Nygard stated they now have one gaming machine and do not have any on-prem ise consu m ption. He noted, however, that they do sell alcohol ic beverages for off -prem ise consumption and they do sell gasoline. Mr. Springer stated that, in light of the policies used by the company, he feels that the proposed redevelopment of this site would be an asset to the community. Responding to Mayor Kirchhoff, Urban Designer Honatke stated that a formal application would be considered through the conditional use process. CommissionerYoungman stated she feels the policies enacted by Town Pump are more responsible than those of any other company in Bozeman. She also noted that the Bozeman Alcohol Policy Advisory Council will be urging all businesses to provide this type of training to make sure every employee serving alcohol understands responsible service. She indicated, however, that the policy does not change her feeling that it is inappropriate to have drinking and driving on the same premises; and it sends the wrong message to the community, especially in a state that has the worst reputation for drinking and driving, alcohol-related accidents and fatalities. Commissioner Hietala stated that he, too, is wrestling with the idea of serving liquor at a gas station. Commissioner Cetraro stated that Town Pump's policy does help, and it is known for its implementation of that policy around the state. He noted that, while he would like to know what the Bozeman Alcohol Policy Advisory Council will be recommending, he also recognizes the importance of continuing to move forward. He feels this policy is a step in the right direction and responds to the pressure being placed on the industry to be responsible. Commissioner Brown stated he has a problem with combining the sale of alcohol and gasoline. He is pleased with the training program, but he recognizes that it does not solve all of the problems. He then expressed concern that this is the third time in a year that the Commission has been asked to approve a casino-like operation next to a residential neighborhood, and he feels that is inappropriate. As a result, he cannot support this proposal. Mayor Kirchhoff stated that he has been part of a majority that has supported expanded gaming in the facilities that Commissioner Brown referenced. He noted that in this instance he cannot support the proposal, since the result would essentially be a casino in everything but definition; and he cannot support putting a casino in a gas station. He also noted that the Commission has made a conscious decision to require future casinos to be located in the industrial areas of the community, not in commercial areas or entryway corridors. Mr. Lowell Springer responded to Commissioner Youngman's comments, noting that Montana has made great strides in addressing its drinking and driving issues, particularly since 1995. Mayor Kirchhoff thanked the applicant for the opportunity to provide comments through the informal review process. Presentation re Community TransPortation Enhancement Program (CTEP) . Rob Bukvich. Montana Department of Transportation Mr. Rob Bukvich, Montana Department of Transportation, gave an overview of the Community Transportation Enhancement Program (CTEP). He noted that funding for this program began in 1991, through the federal funding program referred to as ISTEA; and that program lasted through 1997. The CTEP funding was then continued under the TEA-21 program, and that expires this year. He stated that under this program, Montana receives $4Yz million annually; and Bozeman gets $125,000 to $150,000 annually. 03-1 0-03 ------- _._._n_._________ __.._ -5- Mr. Bukvich stated that funding for this program is from the taxes paid at the pump, and Montana gets back $2.36 for every $1.00 it sends to Washington, D.C. He noted that there are many stipulations and requirements for the use of these monies, including a 13-percent state or local match. He noted that Montana uses state gas tax monies to provide its match for projects; and under CTEP, it requires the local entity to provide that match. He indicated that every city, town and tribe with a population over 1,000 is eligible to participate in the program; and Montana sub-allocates the monies to those entities to decide which projects are to be funded, with final approval by the Montana Department of Transportation to ensure that they meet the twelve criteria. He stressed that this is not a grant program; rather, it is a reimbursement program. Mr. Bukvich briefly reviewed the twelve specific categories of projects that can be funded under CTEP. They include provision of transportation facilities for pedestrians and bicyclists, not recreational facilities; provision of safety and education programs for pedestrians and bicyclists; acquisition of scenic easements; scenic or historic highway programs, including informational signage; landscaping and beautification; period lighting; historic preservation related to the transportation system; rehabilitation of historic transportation buildings and facilities; preservation of abandoned railroad corridors and conversion to pedestrian and bicycle facilities; removal of outdoor advertising; archeological planning and research; environmental mitigation; and establishment of transportation museums. Responding to Commissioner Cetraro, Mr. Bukvich stated that Bozeman has been using CTEP monies since 1991. He highlighted some of the projects completed with that funding, including the bike path along Highland Boulevard, the bike path along South Third Avenue, and the landscaping along North 7th Avenue. Responding to City Manager Johnson, Mr. Bukvich stated that after three years the funds lapse if projects have not been nominated for those monies. He noted that Bozeman is not in jeopardy of losing any monies since several projects have been nominated but not yet completed. Grants Administrator Sara Folger noted that Bozeman has seven active CTEP projects, including the SoroptimisUOpera House Park; historic signals on Main Street, similar to the historic lights recently installed; bicycle infrastructure, including striping and signage; a public awareness and educational program for bicyclists; pedestrian curb ramps to bring all intersections into compliance with ADA regulations; historic lighting at the Emerson Cultural Center; and a trail along the old Milwaukee Railroad corridor from the new library site to the existing trail. Grants Administrator Folger stated that she met with the CTEP steering committee last week and will meet again with them at noon on March 19 at the Professional Building. She stated that they have reviewed some of the active projects, identifying 23 intersections for which pedestrian ramps are needed, the type of lighting to be installed around the Emerson Cultural Center, the purchase of period traffic signals for Main Street which complement the historic lighting, and the plans for Opera House Park. Mayor Kirchhoff thanked Mr. Bukvich and Grants Administrator Folger for the update. Break - 4:25 p.m. Mayor Kirchhoff declared a break from 4:25 p.m. to 4:30 p.m., to prepare for the work session with the Design Review Board. Work session with DesiQn Review Board In addition to the Commissioners, the following were present. Design Review Board members - Dawn Smith, Randy Carpenter, Jim Raznoff, and Mel Howe Mayor Kirchhoff noted that this is one of the boards with very specific positions identified and, at the present time, one of the architect positions is open. 03-1 0-03 --. ...---.---.- - 6- Responding to Commissioner Cetraro, Chair Dawn Smith stated that the board would like to conduct more thorough reviews, rather than the surface reviews they currently do. She noted that this is difficult since many of the applications they receive are incomplete and are not completed until they are ready for submittal to the Commission. She noted, as a result, the Board gives broad general recommendations that it hopes are communicated to the Commission. She indicated that the Board gets a lot of resistance from applicants about providing more complete applications prior to DRB review. Responding to Mayor Kirchhoff, Ms. Smith noted that the incomplete applications are generally for larger projects. She stated that the Board had a work session with Planning Director Epple, after which checklists for the information to be provided were included with the applications. She indicated that applications, however, continue to be incomplete. Responding to Commissioner Youngman, Mr. Howe stated that the written staff reports received by the DRB often contain several recommended conditions to address the lack of information. He then voiced concern that the project that is submitted to the Commission is totally different from the one the Board reviewed. Mr. Jim Raznoff asked that parking requirements and the density of parking be one of the issues addressed during this discussion. He noted that for many commercial developments, parking requirements are exceeded. He cited the Home Depot project as an example, noting that the application included the maximum number of parking spaces allowed, with the result being a building surrounded by parking. He noted the Board encourages applicants to do less parking and more landscaping, and the general response has been that the City ordinance provides minimum requirements but no maximum limits. Mr. Howe noted that, as a general rule, large projects want more parking while small projects want less parking. Mayor Kirchhoff noted that parking formulas were changed rather dramatically in recent code revisions, in an attempt to address what is often viewed as excessive parking. He then assured the Board members that the Commission carefully considers their concerns about parking and generally accepts their recommendations. Responding to Commissioner Cetraro, Commissioner Youngman stated that the Design Review Board was created in the early 1990s, in conjunction with the adoption of a more flexible zone code; and the Board has evolved over the years in an effort to provide the best possible input to applicants. Responding to questions from Commissioner Cetraro, Mr. Jim Raznoff stated that it is important for the Development Review Committee (DRC) to conduct its review of a project first, so that the Design Review Board members can consider the concerns that the technical staff has identified. He noted, however, that projects often go through the process so fast that the input from DRC is very sketchy. He also stated that the changes in staff result in slightly different staff reports, to which the Board members must become accustomed. Commissioner Cetraro noted that, to the business community, time is money. Ms. Dawn Smith responded that, if the applicant is not prepared when he reaches the Design Review Board, he is not getting his money's worth from the review. She stated that, if major changes are needed, the Board may request a second review of the project. She then noted that the Board likes to conduct informal reviews on large projects, but not many applicants take advantage of that review. Commissioner Youngman noted that the Commission has added informal reviews back into its procedures and suggested that having some members of the DRB participate in those reviews might be beneficial. Responding to comments from Mr. Howe, Commissioner Youngman stated that the applicant is typically seeking Commissioner input on interpretive questions and the political process and is looking for any concerns the Commissioners may have. Mr. Raznoff asked if the Board should be looking for affordable housing in applications for large residential projects and subdivisions. He noted that he does not see any affordable housing in Bozeman. 03-1 0-03 - 7 - Ms. Dawn Smith noted that the last proposal the Board saw was extremely dense, and the applicant characterized the units as affordable since they cost $1 00,000. She stated, however, those units were only 800 square feet, and she does not view $120 per square foot as affordable. She also noted there are no deed restrictions to ensure that the units will remain affordable; rather, she suggested that when the units are sold, they will be sold at market value. Commissioner Youngman noted the City has a very active affordable housing board, and they will soon be forwarding recommendations that should result in a steady flow of affordable housing units. She then recognized that forwarding a copy of the draft housing study to the Board could be beneficial, noting that the housing board would welcome any input. She also noted that the consultant is scheduled to make a presentation to the Commission in late March or early April. Mr. Randy Carpenter questioned whether design and affordability should be connected. He voiced concern about the idea of lower design standards for affordability and noted there are better ways to address the issue. Ms. Smith noted there are often trade-offs suggested for affordability, such as open space and trails. She then suggested that any trade-offs need to be tangible. She also stressed the need for City regulations, rather than considering what is identified as affordable on a case-by-case basis. Ms. Dawn Smith stated another issue that often arises during Design Review Board meetings is calculating open space, either on a per-unit basis or on the land area. She also noted that if the open space is calculated on a per-unit basis, it is public open land; and if it is based on land area, it is private open space. She stated that this can cause questions and confusion when reviewing applications. Ms. Dawn Smith then voiced concern that after the Board reviews a large planned unit development, it does not review the satellite buildings, and cited the Bridger Peaks Town Center as an example. Mayor Kirchhoff thanked the Board members for participating in this work session. Recess - 5:35 p.m. Mayor Kirchhoff recessed the meeting at 5:35 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings. Reconvene -7:00 p.m. Mayor Kirchhoff reconvened the meeting at 7:00 p.m. Decision - Certificate of Appropriateness to allow construction of 515-sQuare-foot shed on Lots 7. 8. 9 and 10. Block 15. Capitol Hill Addition. with deviations from Section 18.18.050. Bozeman Municipal Code. to allow proposed shed to encroach 15% feet into reauired 20-foot rear Yard setback and 4 feet into reauired 5-foot side yard setback: and from Section 18.50.050. to allow accessory structure to occuPY more than 25 percent of the required rear yard - Scott Lawson. 405 West Cleveland Street (Z-03021) This was the time and place set for the decision on the Certificate of Appropriateness requested by Scott Lawson under Application No. Z-03021, to allow construction of a 515-square-foot shed on Lots 7, 8, 9 and 10, Block 15, Capitol Hill Addition, with deviations from Section 18.18.050 of the Bozeman Municipal Code, to allow the proposed shed to encroach 15% feet into the required 20-foot rear yard setback and 4 feet into the required 5-foot side yard setback; and from Section 18.50.050, to allow an accessory structure to occupy more than 25 percent of the required rear yard. The subject property is located at 405 West Cleveland Street. Distributed just prior to the meeting was a letter from Kathy Hansen, dated March 10, received after the public hearing was closed. 03-1 0-03 -- ..------- n_..'._.._ ..____ -8- Assistant Planner Susan Kozub submitted to the Commission an e-mail from the applicant requesting that this item be continued for a period of two weeks to allow time to review various options resulting from the land use facilitated meeting. Commissioner Youngman asked if the Commission should reopen and continue the public hearing to allow an opportunity for additional public comment on any proposed revisions. Mayor Kirchhoff suggested that the public hearing could be reopened for written comment only, with a deadline of the Wednesday before the meeting at which this item is considered. Commissioner Youngman cautioned that that approach would not give people an opportunity to comment on the revised plans. Mayor Kirchhoff cautioned that the March 24 agenda is very full and asked if this item could be considered at a different meeting. As a result of discussion, the applicants agreed that it could be continued to April 14. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the public hearing be reopened and continued to April 14. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No, none. Public hearina - intent to imDlement 6-Dercent increase in water rates. effective ADri11. 2003 This was the time and place set for the public hearing on the City's intent to implement a 6-percent increase in water rates, effective on the April 1 , 2003, billing. Included in the Commissioners' packets was a copy of a draft resolution reflecting the proposed rate increase. Mayor Kirchhoff opened the public hearing. Director of Public Service Debbie Arkell presented staff report. She noted that when the capital improvement program was prepared and reviewed by the citizen committee in 2001 , a 7 -percent increase in water rates was proposed for this fiscal year. That percentage was decreased by 1 percent because of the growth that has occurred within the community; and the proposal now before the Commission is for a 6-percent increase, with 3 percent to cover the costs of inflation and 3 percent to cover capital projects. She stated that, even with this increase, the balance in the Water Fund is projected to be in the red through Fiscal Year 2006 due to the large projects upcoming. She noted that two of those projects are the cover on Lyman Creek reservoir, which will cost approximately $3 million, and reE,acement of the transmission line from Hyalite Reservoir to the Water Treatment Plant, also at a cost of 3 million. The Director of Public Service stressed that no increase is proposed in the wastewater (sewer) rates for this fiscal year. She recognized that a 3-percent inflationary increase is to be enacted each year under the capital improvement program. She noted, however, that the fund currently has a 45-percent surcharge which is generating monies for the Bozeman Solvent Site monitoring and local matching monies for the EPA grant. Rather than enacting inflationary increases, staff is proposing that 3 percent be deducted each year from the 45-percent surcharge with the expectation that in Fiscal Year 2005,37 percent of the surcharge will be removed, leaving a 2-percent surcharge to cover the monitoring costs for the solvent site. Responding to questions from Commissioner Hietala, Director of Public Service Arkell stated that a portion of the EPA monies is being used for major improvements at the Wastewater Treatment Plant and a portion will be used for replacing the sewer line in North Rouse Avenue this summer. Responding to City Manager Johnson, the Director of Public Service stated that a new shop complex was originally scheduled for construction within the next two years, but that has been moved to Fiscal Year 2008 in light of the other capital needs in this fund. She noted that, if the opportunity arises, the complex may be moved forward on the schedule. 03-1 0-03 -- ----.----- -9- Responding to Commissioner Brown, the Director of Public Service stated that replacement of the Water Treatment Plant is currently scheduled for 2010; but, with the new transmission line from Hyalite Reservoir, a new intake on Sourdough Creek and further conservation measures, staff hopes to delay that project by five years or more. Responding to questions from Commissioner Cetraro, City Manager Johnson stated that when the capital improvement program was implemented five years ago, the determination was made that 30 percent of the rate was to fund that program. He indicated that after this year, two more 1-percent increases will be needed to reach that level of funding. Commissioner Cetraro stated that it seems people are paying more for water in Bozeman than elsewhere and questioned why. He also asked what impact growth in the community might have on the rates in the future. City Manager Johnson stated that staff did a survey on the rates charged in other communities when the capital improvement program was begun. Director of Public Service Arkell stated she has received the results of a recently-completed survey on water rates. She indicated that some of the larger cities in Montana have lower rates while others have higher rates. She then noted that staff is considering a new rate study since the last one was done in 1982. She noted that study would include the costs of buying the water, treating the water and distributing it to customers, and would make sure citizens are getting what they are paying for. She stressed that the rates do include monies to cover the costs of improvements, in an effort to avoid a large increase when a new treatment plant is constructed. At Commissioner Youngman's request, the Director of Public Service provided additional information on the two large projects currently being funded. She noted that Bozeman has three sources of water, Hyalite Reservoir, Sourdough Creek, and Lyman Creek. The Lyman Creek source has been off line since 1998 because the cover had deteriorated. Getting a new cover designed and the necessary approvals for installation of that cover have taken longer than anticipated, and the cost has risen from the original estimate of $1 million to slightly over $3 million. She indicated that the cover is to be completed this spring, and the water supply will be on line for this summer. The other major project is the construction of a 22,000- foot-long transmission line from the Hyalite Reservoir to the treatment plant, to replace a 50-year-old line that has a design problem. She stated the new line will allow the City to take full advantage of its existing water rights and will allow for additional capacity. Mr. David Smith, Executive Director of the Bozeman Area Chamber of Commerce, stated he supports the concept of paying for projects rather than borrowing monies. He then questioned why the Lyman Reservoir cover is costing so much more than originally estimated. He also asked for assurances regarding the 45-percent wastewater surcharge, particularly since it was to be temporary when it was enacted. He noted that wastewater fees are based on water consumption and, in the summertime, that means those fees are being paid on irrigation water unless the Director of Public Service waives them. Mrs. Dorothy Fraker voiced concern that her wastewater bill has been higher than her water bill for the past three months. She noted that she and her husband have a lot in Yuma, Arizona, that is essentially the same size as the lot in Bozeman, with fruit trees across the back; and their water bill for two months on that lot is essentially the same as their bill for one month in Bozeman. She concluded by questioning the need to raise the water rates even further. Director of Public Service Debbie Arkell voiced her intent to look at Mrs. Fraker's bill to see if she can identify any problems with it. She then turned her attention to the issues raised by Mr. Smith. She stated that a small lab and restroom facilities were added to the Lyman Creek project; however, she noted the vast bulk of the increased costs was due to the high bids received. She also recognized that the $1 million estimate was done by staff several years ago. The Director of Public Service stated that in the summer, the wastewater rates for residential customers are based on an average of the winter usage. The wastewater rates for commercial customers, however, are based on actual water usage since some commercial customers don't have grass to irrigate; and some use more water during the summer months. She noted that commercial users can contact her for adjustments if they do have grass areas to be irrigated. 03-1 0-03 - -- --- . . ...._ n__ - 10 - Responding to Mayor Kirchhoff, the Director of Public Service stated she anticipates the water rates will plateau at a 3-percent inflationary increase annually once the capital improvement program is funded. She then noted that not all cities fund their capital improvements needs in this manner. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. Commissioner Cetraro stated that, without additional comparative data, he cannot support increasing the rates. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that staff be authorized and directed to bring back a resolution implementing the proposed 6-percent increase in water rates. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No being Commissioner Cetraro. Staff reDort a DroDosed 4aDercent increase in solid waste collection fees Included in the Commissioners' packets was a copy of a draft resolution reflecting the proposed rate increase. Director of Public Service Debbie Arkell stated that staff is proposing a 4-percent increase in solid waste collection fees, with 3 percent for inflation and 1 percent for funding of the capital improvement program. She noted that no increase in landfill gate fees is being proposed at this time. She characterized the Solid Waste Fund as being in good shape, since increases in years past have helped generate the monies needed for closure of the old cell and monies to either construct a compost facility or a transfer station or to open a new cell. She noted that it appears the City can purchase the site for a transfer station and construct that transfer station without borrowing monies. The Director of Public Service stated that an increase in the collection fees will make that portion of the operation self-supporting, rather than relying on the landfill to support collection. She also noted that recycling has increased, and a portion of the collection fees is used to cover the costs of recycling. The Director of Public Service distributed to the Commission a draft resolution which establishes the types of waste permitted at the landfill and affirms the landfill gate schedule. She noted that this resolution gives the Commission the authority to accept asbestos at the landfill on a case-by-case basis, and is needed because the Commission has previously made the determination to allow asbestos from the new library site to be taken to the landfill. Responding to questions from Commissioner Brown, Sanitation Superintendent Mark Kottwitz stated that the private hauler's residential collection rates are essentially the same as the City's, and their commercial rates are slightly higher. He then noted that under the new collection fees, the City is introducing a 220-gallon tote and a 300-gallon tote to replace dumpsters, which will allow one truck to make all of the pickups in the alley. Responding to Commissioner Hietala, Director of Public Service Arkell stated that the monies from recycling are accounted for separately. She then indicated that the City collects approximately $25,000 each year and estimated that it subsidizes recycling efforts at approximately $300,000 annually. She acknowledged that this does not take into account the savings from those materials not going into the landfill. Several members of the MSU Recycling Club were present, and five of them spoke in support of recycling. They encouraged more integration of recycling into the City's solid waste management, setting aside a portion of the fees for those efforts. The need for public education and awareness was identified. particularly since many people are not aware of the recycling opportunities that are available. One of the individuals noted that in the mid 1990s, Montana set a goal to recycle 25 percent by the late 1990s. Bozeman now leads the state at 12 percent, with Montana recycling 6 percent. In the meantime, South Dakota set the same goal at about the same time and has exceeded that goal. They also submitted copies of brochures from other communities and articles about recycling successes around the country. 03-1 0-03 ----- --.'''.--.-..- ...----..,..-..-..-...-- -------..--- .. --..--.-----.--.----.---- .-.-.-----.-..-.-...- -.....--.-..-- ..--".- . ..-.. ~... _._-~-- - 11 - Mr. David Smith, Executive Director of the Bozeman Area Chamber of Commerce, reminded the Commission that the private hauler pays property taxes, excise taxes and gas taxes, from which the City benefits. He also noted that the private hauler contributes to the community through its assistance to non- profit organizations. Sanitation Superintendent Kottwitz stated that the City provides free collection services for Sweet Pea and Music on Main. He then noted that a brochure on recycling has gone to press and is to be stuffed into next month's utility bills. Also, the information sheet for the binnies is being upgraded. He noted that Headwaters Recycling has expanded its program to include magazines, and glass collection increased to 811 tons this year. He then noted that a Woodsy Owl educational program has been implemented through Headwaters Recycling, but few local schools have taken advantage of it. Responding to Mayor Kirchhoff, Superintendent Kottwitz confirmed that free cards are provided for those residents going to the landfill on Clean Up Bozeman Day; and the City provides roll-offs at Bogert Park and the Bozeman Ponds for that clean up. Sanitation Superintendent Kottwitz recognized the need to provide recycling opportunities for plastics. He noted, however, that the market currently fluctuates dramatically and, until he can be assured that plastics recycling can be sustained, he is hesitant to add them to the program. He noted that Bozeman generates about 3700 tons of plastics per year, or roughly 272 pounds per person per year. Given the volume that he anticipates, he suggested that the City partner with a private firm to undertake plastics recycling. Responding to Commissioner Youngman, the Sanitation Superintendent stated he hopes to add recycling of plastics as part of the transfer station, noting it is important to provide those opportunities in a controlled environment. Responding to Mayor Kirchhoff, the Sanitation Superintendent stated he feels that the 25 percent recycling goal could be reached with education. He noted that the 12-percent figure presented by the MSU Recycling Club does not take into account the recycling by businesses in the community, which raises the level to nearly 17 percent for the community. He then stated that Bozeman generates 50 percent of the Headwaters Recycling volume annually. Responding to questions from Commissioner Youngman, Staff Attorney Patricia Day-Moore cautioned that if the Commission wishes to consider a larger increase in the solid waste collection fees. with a portion designated for recycling, this item would need to be readvertised. She also noted that those increased fees must be based on actual costs, which will require additional staff research. Sanitation Superintendent Mark Kottwitz reminded the Commission that the increase in solid waste collection fees applies to City collection customers only. He then suggested that if the Commission wishes to subsidize recycling through its rates, then it would be more appropriate to do so through the tipping fees, which everyone pays. Commissioner Youngman recognized that, even though recycling has been discussed at this meeting, it cannot be considered in conjunction with the proposed increase. She suggested, however, it may be beneficial to have a work session on this issue at a future meeting. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that staff be authorized and directed to bring back a resolution implementing the proposed 4-percent increase in solid waste collection rates. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. 03-1 0-03 ------..-- ------.-- - 12 - Public hearing - Minor Site Plan with Certificate of Appropriateness to allow construction of 3.400- sauare-foot building on Lot 22. StoneRidae Subdivision PUD. Phase liB. with deviation from Section 18.28.050. Bozeman Municipal Code. to allow parking lot to encroach 5 feet into the reauired 25-foot front vard setback - Jeff Riaas (Wheat Montana. 1262 StoneRidae Drive) (Z-03011) This was the time and place set for the public hearing on the Minor Site Plan with Certificate of Appropriateness requested by Jeff Riggs under Application No. 2-03011, to allow construction of a 3,400- square-foot building on Lot 22, StoneRidge Subdivision PUD, Phase liB, with a deviation from Section 18.28.050 of the Bozeman Municipal Code to allow the parking lot to encroach 5 feet into the required 25- foot front yard setback. The subject property is located at 1262 StoneRidge Drive. Included in the Commissioners' packets was a letter from Jeffrey Sandholm, architect representing the applicant, dated March 4, requesting that this public hearing be continued for one week since he will be out of town. Mayor Kirchhoff opened the pUblic hearing. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the public hearing be continued to March 17, per the applicant's request. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. Public hearina - Maior Site Plan with Certificate of Appropriateness to allow remodel of existina buildina on Lots 1-5. 12.5 feet by 188.86 feet of the northwest corner of Lot 5B. Block B. Black's Addition. and a fraction of Lot 3B. Block B. Guvs First Addition. for a bank with drive-throuah. professional offices and a laboratory - Bia Skv Western Bank for 1 06 East Babcock Street (Z-03020) This was the time and place set for the public hearing on the Major Site Plan with Certificate of Appropriateness, requested by Big Sky Western Bank under Application No. 2-03020, to allow remodeling of the existing building on Lots 1 through 5, the 12.5-foot by 188.86-foot portion of the northwest corner of Lot 5B, Block B, Black's Addition, and a fraction of Lot 3B, Block B, Guys First Addition, for a bank with drive-through, professional offices and a laboratory. The subject property is the site of the former Elks Club at 106 East Babcock Street. Mayor Kirchhoff opened the public hearing. Assistant Planner Jami Morris presented the staff report. She noted that this application is for remodel and re-use of the existing Elks Club. She stated that a laboratory space has been tentatively identified in the basement, although the use of the space has not yet been formalized. The main level of the building is to be converted into a bank with a drive-through. The Assistant Planner stated that the subject property is located along the south side of East Babcock Street. between South Black Avenue and South Bozeman Avenue. The existing access from East Babcock Street is to be a right in only access, with two-way accesses being provided from South Black Avenue and South Bozeman Avenue. She indicated that the Director of Public Service has waived the requirement to move the existing approach on East Babcock Street because to do so would conflict with the building. Assistant Planner Morris stated that staff has reviewed this application in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. She briefly summarized those findings and forwarded staff's recommendation for approval, subject to several conditions. She noted that only one of those conditions is specific to this project; all of the other conditions are standard conditions or code provisions. She briefly highlighted the specific condition, which requires automobile access to the garages associated with the apartment complex to the south. She noted that, while no formal access easement has been provided, residents of the complex have historically used the existing parking lot to access those garages. 03-1 0-03 ..___."._.____.n --..-.......-. - 13 - Responding to Mayor Kirchhoff, the Assistant Planner stated that 42 parking spaces are required for this project and the applicant's plans show 44 spaces. She noted, however, that some of those spaces may need to be adjusted or eliminated to accommodate the landscape islands required for parking lots. Mr. Jon Wirth, architect representing the applicant, stated that this application will result in a building with more presence and character. He then suggested that the requirement for landscape islands at the ends of the parking rows be eliminated. He noted the location of parking on this site is a premium, and he feels it would be better to maximize the parking. He stated there is no recorded access for the existing garages, and the design as proposed does not encroach on that property but does provide screening. No one was present to speak in opposition to the application. Assistant Planner Morris stated that landscape islands are required at the end of each row of parking to ensure safe traffic flow through a parking lot, and staff does not support eliminating that requirement. Mayor Kirchhoff recognized the historic use of this property to access the garages to the south and noted he would not want to eliminate that access. As a result, he suggested that the applicant may wish to meet with the property owners to the south to ensure any negative impacts are mitigated. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the Major Site Plan with Certificate of Appropriateness, requested by Big Sky Western Bank under Application No. 2-03020, to allow remodeling of the existing building on Lots 1 through 5, the 12.5-foot by 188.86-foot portion of the northwest corner of Lot 5B, Block B, Black's Addition, and a fraction of Lot 3B, Block B, Guys First Addition, for a bank with drive-through, professional offices and a laboratory, be approved subject to the following conditions: 1. The final site plan shall indicate the method used to ensure automobile access to the garages associated with the adjacent residential development, to be reviewed and approved by the Planning Office. The design shall be depicted in full detail on the site plan and a letter of agreement from the adjacent landowner shall be submitted with the final site plan. 2. The final site plan shall be adequately dimensioned. 3. Plans and Specifications for any fire service line must be prepared in accordance with the City's Fire Service Line Policy by a Professional Engineer (PE), and be provided to and approved by the City Engineer prior to initiation of construction of the fire service line or fire protection system. The applicant shall also provide Professional Engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. 4. Sewer and water services shall be shown on the final site plan and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. 5. The location of existing water and sewer mains shall be properly depicted, as well as nearby fire hydrants. Proposed main extensions shall be labeled "proposed". 6. The drive approach shall be constructed in accordance with the City's standard approach (Le., concrete apron, sidewalk section and drop curb) and shown as such on the final site plan. A City Curb Cut and Sidewalk Permit shall be obtained prior to final site plan approval. 7. Typical curb details (i .e., raised and/or drop curbs) and typical asphalt paving section detail shall be provided to and approved by the City Engineer. Concrete curbing shall be provided around the entire new parking lot perimeter and adequately identified on the final site plan. 03-1 0-03 -14- 8. All existing utility and other easements must be shown on the final site plan. 9. Adequate snow storage area must be designated outside the sight triangles, but on the subject property (unless a snow storage easement is obtained for a location off the property and filed with the County Clerk and Recorder's office). 10. Drive approach and public street intersection sight triangles shall be free of plantings which at mature growth will obscure vision within the sight triangle. 11. Any cracked or broken portions of sidewalk along any of the street frontages shall be replaced. 12. The applicant must submit seven (7) copies of a final site plan within six months of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Office. 13. 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. 14. 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 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. 15. Per Section 18.49.030 of the Bozeman Municipal Code, "landscaping" means at least seventy-five percent (75%) coverage of an area with natural grass, vegetative groundcover, or other natural living plant materials, the remainder of which is covered with non-vegetative decorative landscape design elements. 16. The landscape plan shall include a description of the points calculated towards Section 18.49.070, "Landscape Performance Standard." A lot in the "B-3" district with residential adjacency requires a minimum of 13 points in addition to the mandatory landscape performance provisions in Section 18.49.060. 17. A landscape island shall be provided at each end of every row of parking to facilitate, control and denote proper vehicular circulation patterns per Section 18.49.060.C.2.e.i. 18. Section 18.49.060.C.2.e.iii. states that the minimum width and/or length of any parking lot landscaped area shall be eight feet. 19. A fence detail shall be provided on the final site plan. Per Section 18.50.070, "Fences," the fence cannot exceed eight feet in height or be subject to minimum yard requirements. Any fence or wall shall be constructed so as to have only one elevation "finished" and shall be erected such that the finished elevation of the fence is exposed to the adjacent property. 20. Section 18.50.11 O.B, "Stall, Aisle and Driveway Design," requires a standard parking stall to measure eighteen feet in length from the curb or pin-down curb. 03-1 0-03 . .. - ----- -15- 21. Compact parking spaces shall be clearly identified with a sign permanently affixed immediately in front of each space containing the notation "Compacts Only" as outlined in Section 18.50.110.8.1. 22. Per Section 18.50.110.F.3., "Disabled Accessible Parking Spaces," accessible spaces shall be located as near as practical to a primary entrance. 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." 23. The maximum area for a freestanding sign shall be thirty-two square feet and the maximum height shall be five feet per Section 18.65.070 .A.1., "Freestanding Signs." 24. Per Section 18.65.080, "Comprehensive Sign Plan," a comprehensive sign plan shall be submitted for all commercial, office, industrial and civic uses consisting of two or more tenant or occupant spaces on a lot or two or more lots subject to a common development permit or plan. The plan shall include the size and location of buildings and the size and location of existing and proposed signs. 25. Section 18.65.130, "Street Vision Triangles," states that signs shall not be placed in sight vision triangles as they are defined in Section 18.50.080 of this title. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala. Commissioner Brown and Mayor Kirchhoff; those voting No, none. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1 ) Letter from Jimmie Lohmeier, Big Boys Toys. regarding possible incorporation of the Four Corners area and seeking comment from the City on whether it has any intention of incorporating that area. City Manager Johnson sought Commissioner input on this issue. As a result of a brief discussion, the City Manager stated that he will respond by indicating that, while the Commission anticipates that the community will continue to grow to the west, the Four Corners area is not within the growth boundary of the Bozeman 2020 Community Plan and, therefore, neither is annexation of that area. (2) Resignation from the Community Affordable Housing Advisory Board submitted by Joan Davies. (3) Letter from the State of Montana Department of Administration announcing upcoming GASB34 seminars at various locations throughout the state. (4) Legislative report from the Chamber of Commerce for the week of March 3, 2003. (5) Notice that the County Planning Board meeting scheduled for March 11 has been cancelled. (6) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, March 11, in the Commission Room. (7) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday. March 11, at the Professional Building. (8) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, March 11, at the Professional Building. 03-1 0-03 - 16- (9) Newsletter from Headwaters Recycling, announcing that the next meeting will be held at 10:00 a.m. on Thursday, March 13, at Three Forks. (10) Minutes from the City-County Board of Health meetings held on December 19,2002, January 23, 2003, and February 12, 2003. (11 ) Draft minutes from the Bozeman Alcohol Policy Advisory Council meeting held on March 5, 2003. (12) List of planning projects to be considered at upcoming Commission meetings, dated March 10, 2003. (13) Legislative update from the Chamber of Commerce for the week of March 10, 2003. (14) City Manager Johnson briefly reviewed the agenda for the March 24 meeting. He noted that the agenda is heavy enough that staff is contemplating having dinner brought in during a brief break between the afternoon and evening sessions. (15) City Manager Johnson announced that he will be in Helena on Tuesday and Thursday afternoons. (16) Staff Attorney Patricia Day-Moore stated she is the only attorney in the office this week, and Staff Attorney Susan Wordal will be back in the office next week. (17) Sanitation Superintendent Mark Kottwitz distributed information on a partnership proposal for a small-scale mobile glass pulverizer, prepared by the Montana Department of Environmental Quality. He stated that this venture will hopefully open new markets for the glass industry and help get rid of 2600 tons of recycled glass annually, including the 1500 tons accumulated by Headwaters Recycling. Possible options for the pulverized glass include use in the sand/salt mixture for streets, bedding for pipe laying, filtration systems, drainfield systems, sandblasting, landscaping materials, countertops, base course aggregate for streets, and asphalt. He noted that Mr. Brian Spangler will seek a letter of support from Headwaters Recycling, of which the City of Bozeman is a member, for this grant application that is due April 15. Director of Public Service Debbie Arkell suggested that if this application is successful, she may seek Commission adoption of an ordinance that requires road construction to include the use of a certain percentage of pulverized glass to supplement the gravel rather than the current policy that simply allows it. (18) Commissioner Youngman noted that the Commissioners have received information regarding the patriot act and a letter from the Coalition of Concerned Bozeman Citizens asking the Commission to adopt a resolution to defend the state and federal Constitutions from changes mandated by that act. She suggested that the Commission consider the proposed resolution at an upcoming meeting, or at least have a presentation from the group, particularly since at least two of the City's departments could be affected. Commissioner Brown stated that he feels the timing is bad and, as a result, does not support considering this issue. He does, however, have gave concerns about the act. Commissioner Cetraro stated he does not support considering this issue at this time. Commissioner Hietala stated that he, too, agrees with Commissioner Brown and feels the timing is not appropriate. Commissioner Youngman stated she is concerned that the patriot act authorizes reductions in the civil rights of individuals in a way that violates the US Constitution. Mayor Kirchhoff voiced concern that the patriot act contains a great potential for abuse of fundamental rights and overreaching of government's authority. He acknowledged that the timing may not be the best; however, he feels it is a conversation worth having as a community. 03-1 0-03 -17- In light of the responses from each Commissioner, Mayor Kirchhoff acknowledged that two Commissioners support considering this further while three Commissioners are not interested in considering the issue at this time. He suggested, however, that the Commission may wish to consider it at some time in the future. (19) Commissioner Brown announced that County Commissioner Murdock has indicated the County will contribute $23,000 toward a $46,000 study on transit. Responding to Mayor Kirchhoff, Commissioner Brown confirmed that the City will receive a formal request from the transit task force for funding of the study at the March 24 meeting. Adjournment. 8:57 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Brown, seconded by Commissioner Hietala, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Hietala, Commissioner Youngman, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none. STEVEi K1~r; . ArrEST: ~./ ~, R IN L. SULLIVAN Clerk of the Commission 03-10-03 .- -.,-.