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Home My WebLink About2002-11-12 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA November 12, 2002 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Tuesday, November 12, 2002, at 3:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner Marcia Youngman, Commissioner Lee Hietala, Commissioner Jarvis Brown, Commissioner Andrew Cetraro, City Manager Clark Johnson, Director of Public Service Debbie Arkell, Planning Director Andy Epple, City Attorney Paul Luwe and Clerk of the Commission Robin Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - January 18. 2000. and May 13. October 2. October 21. October 28 and November 4. 2002 It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the minutes of the meetings of October 21, October 28 and November 4, 2002, 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 May 13 and October 2, 2002, to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Commission Resolution No. 3556 ~ stating intent to sell a surplus sewer television truck to another political subdivision within the State of Montana COMMISSION RESOLUTION NO. 3556 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO SELL A CERTAIN SURPLUS ITEM FROM THE WASTEWATER DEPARTMENT TO A COUNTY OR OTHER POLITICAL SUBDIVISION WITHIN THE STATE OF MONTANA. Authorize City Manaaer to sian ~ Annexation Agreement between City and Roaer Kirk - for annexation of 11.7859 acres described as Lots 2A. 3A and 4. Block 1. Walker Property Subdivision (alona north side of Campbell Road. alone both sides of Kean Drive) Commission Resolution No. 3557 ~ annexing 11.7859 acres described as Lots 2A. 3A and 4. Block 1. Walker Property Subdivision (alona north side of CamDbell Road. alona both sides of Kean Drive) COMMISSION RESOLUTION NO. 3557 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, EXTENDING THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE WITHIN THE CORPORATE LIMITS OF THE CITY OF BOZEMAN A TRACT OF LAND MORE PARTICULARL Y DESCRIBED HEREIN. 11-12-2002 . _nm.__. _. n__.._ - __. _... n_ _ - 2 - Ordinance No. 1583 - establishina an initial municipal zonina desianation of IR_3". Residential-Medium-density. on 11.7859 acres described as Lots 2A. 3A and 4. Block 1. Walker Property Subdivision (alona north side of Campbell Road. alona both sides of Kean Drive): provisionally adopt and brina back in two weeks for final adoption ORDINANCE NO. 1583 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP TO INCLUDE A ZONING DESIGNATION OF IR_3" (RESIDENTIAL- MEDIUM-DENSITY DISTRICT) ON LOTS 2A, 3A, and 4, BLOCK 1, WALKER PROPERTY SUBDIVISION. Authorize Mayor to sian - Findinas of Fact and Order - denial of Maior Site Plan with Certificate of Appropriateness reauested by TriStar Communications to allow development of 180-foot-tall telecommunications tower with associated support eauipment on a portion of Block 49. Northern Pacific Addition (Jay hawk Tower. 528 North Broadway Avenue) (Z-02144) Approval of final plat for Gallatin Center Subdivision PUD. Lot 9.1 (1.70-acre lot Iyina south of Max Avenue and west of North 19th Avenue) (P-02030) Approval of final plat for Headlands Subdivision PUD - subdivide 26.606 acres described as Tract A. COS No. 2220. into 32 single-family residential lots (alona south side of Bridger Drive. approximately % mile east of its intersection with Story Mill Road) (P-02035) Approval of final plat for two-lot minor subdivision - subdivide a .48-acre parcel described as Lot 50. Bridaer Creek Subdivision. Phase I. into two lots (2411 Par Court) (P-02046) Approval of final plat for two-lot minor subdivision - subdivide a .48-acre parcel described as Lot 51. Bridaer Creek Subdivision. Phase I. into two lots (2417 Par Court) (P-02045) Authorize Mayor to sign - Revised Findinas of Fact and Order for preliminarv plat for West Glen Subdivision (subdivide 18.71 acres described as a portion of the S%. NW% of Section 11. T2S. R5E. MPM. into 15 sinale-familY residential lots. 32 townhouse lots and 25 duplex lots) (north side of West Babcock Street. east of Valley Drive) (P-02006) Approval of final plat for West Glen Subdivision (subdivide 18.71 acres described as a portion of the S%. NW% of Section 11. T2S. R5E. MPM. into 15 sinale-family residential lots. 32 townhouse lots and 25 duplex lots) (north side of West Babcock Street. east of Valley Drive) (P-02040) Authorize City Manager to sian - Amendment No. 1 to Professional Services Aareement with Resource Technoloaies. Incoo Bozeman. Montana. for remediation proiect at Bozeman Public Librarv site Authorize City Manaaer to sian - Amendment No. 1 to Professional Services Aareement with Morrison-Maierle. Inc.. Bozeman. Montana. for North Rouse Avenue trunk sewer main replacement Authorize City Manaaer to sian - Amendment No. 2 to Professional Services Aareement with HKM Engineerina. Inc.. Billinas. Montana. for Durston Road improvements between North 7th Avenue and North 19th Avenue Authorize City Manaaer to sian - Contract Agreement with Sime Construction. Inc.. Bozeman. Montana. for storm drain improvements at Westlake Park 11-12-2002 -.---.---.--...-.-..--.- - 3 - Acknowledge receipt of petition for creation of Special Improvement Liahtina District for Harvest Creek Subdivision. Phase VI - C&H Enaineerina on behalf of Homelands Development Companv: refer to staff Authorize expenditure of $3.096.48 as partial reimbursement for costs billed by the State of Montana Department of Environmental Qualitv for the Bozeman Solvent Site for the period Januarv 1. 2002 throuah June 30. 2002 Buildina Inspection Division report for October 2002 Claims It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. Reauest for modification of Condition No. 36 for approval of Maior Site Plan with Certificate of Appropriateness to allow construction of 94.980-sauare-foot building with 18.884-sauare-foot outdoor garden center and two retail/restaurant satellite lots. on Lot 2. COS No. 2089 - Home Depot USA for Cape-France. Inc. (west side of North 19th Avenue. south of Baxter Lane) (Z-02011) Included in the Commissioners' packets was a memo from Assistant Planner Karin Caroline, dated November 6, forwarding a request from Home Depot USA, Inc., for modification of Condition No. 36 for approval of the major site plan. She reminded the Commission that Condition No. 36 in that approval reads as follows: "36. Applicant shall, at the time of opening, contribute $100,000 for affordable housing, per the offer forwarded by Mr. Dab Dabney. In addition, the applicant shall establish an escrow account in the name of the City of Bozeman, and shall contribute $200,000 a year for two years (for a total of $400,000) to be used for mitigation of impacts identified in the economic impact study. If the mitigation costs less than $400,000, the balance in the escrow account shall be returned to the applicant. The applicant shall agree to an economic impact study, paid for by the applicant and completed by a consultant upon which both the applicant and the City have agreed, including mitigation strategies for any negative impacts. Unless otherwise provided, such information shall include an economic impact study, prepared by qualified professional(s) that contains, at a minimum: a) a report on growth and the rate of growth anticipated for the City and region, both without the project and with the project as proposed; b) a report which quantifies the impacts such growth, including growth accelerated or attracted by the proposal, will have in the area; c) a report on the associated costs and benefits of such growth, and the ability of the City to accommodate such growth; d) a report on the additional costs of public services and facilities caused directly or indirectly by the project, and the impacts on the ability of the City to provide municipal or governmental services; e) a report on the provision of needed and balanced housing accessible to existing or planned development, both without the project and with the project as proposed; 11-12-2002 ____.,u_._,._..,. ..... _,. _____ - 4 - f) a report on plans and strategies for adapting the building for re-use in the event of closure, including a closure plan describing how the property will be disposed of, re-used, demolished, made available for other uses, or otherwise reclaimed; g) a report on the impacts of the project's approval on the job market in Bozeman and Gallatin County, including a comparison of wages and benefits of existing businesses, and an analysis of the effects of the project's approval on wages and benefits of existing businesses; and h) a report demonstrating applicant's plan to reduce or eliminate adverse impacts identified in the analysis including, but not limited to, any burden on the ability of the City to provide municipal or governmental services." She then forwarded Home Depot's proposal for revision of that condition, to read as follows: "36. Applicant shall, at the time of issuance of Final Certificate of Occupancy, contribute $100,000 for affordable housing, per the offer forwarded by Mr. Dab Dabney. In addition, the applicant shall, at the time of issuance of Final Certificate of Occupancy, pay to the City of Bozeman the sum of $400,000 for mitigation of impacts caused, directly and indirectly, by the project. The payment of the sum of $400,000 shall be in lieu of completion of an economic impact study and establishment of an escrow account as previously agreed to at the City Commission public hearing on February 25,2002. Payment of (i) the $400,000 to the City; and (ii) the $100,000 to Mr. Dab Dabney's affordable housing project shall represent full satisfaction of Condition No. 36 of the Bozeman City Commission February 25, 2002, approval of the Home Depot Major Site Plan with Certificate of Appropriateness with deviation with respect to mitigation of any economic impact to the City of Bozeman as a result of the Home Depot project." The Assistant Planner noted that Mr. Jon Andresen, Galloway and Associates, is present to represent Home Depot and to respond to questions. The Commissioners had no questions for either staff or the applicant's representative. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the Commission approve the modification of Condition No. 36 for approval of the Major Site Plan with Certificate of Appropriateness for Home Depot USA under Application No. 2-02011, as requested above. 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. Review of proposed master plan for Westlake Park Included in the Commissioners' packets was a memo from Superintendent of Facilities and Lands James Goehrung, dated November 7, forwarding a proposal for a revised master plan for Westlake Park. Also attached to the memo was a copy of the current master plan for Westlake Park. The Superintendent distributed a listing of the number of garden plots available at both Westlake Park and Langohr Park and the number of plots used this past year. He also distributed copies of the proposed plan for improvements to the park. At the City Manager's request, Superintendent Goehrung gave a brief overview of the master planning process for parks. He noted that in the early 1990s, master plans were done for a number of the parks; and any major revisions to those plans must be approved by the City commission. He indicated that the master plans are designed to allow some flexibility in development, but any significant changes trigger the requirement for a revised master plan. 11-12-2002 - ---------- ._,-,...- -.-.--,-- ,.,-- - 5 - The Superintendent turned his attention to the proposal before the Commission, noting that the BMX group has received monies from the parkland improvements program to reconfigure the BMX track and move it a little further from the Darlinton Manor. He characterized the BMX track as a motocross race track, and indicated that the proposed freestyle area is designed for those who wish to do freestyle biking on a variety of options, ranging from a flatland area to half pipes and ramps. He indicated that this should remove some of the existing conflicts at the skatepark, where bicycles are prohibited. Responding to questions from Commissioner Youngman, the Superintendent stated that the garden plots are rented for $30 per season, and the irrigation water costs twice the revenues generated by those rental rates. He then indicated that elimination of the garden plots in Westlake Park has been previously discussed and is one of the elements in the original master plan. He noted that with the elimination of those plots, more play space could be created, possibly for soccer practices. He concluded by stressing the importance of ensuring that adequate buffer area is provided for both the Darlinton Manor and the Homestead Condominium development, with the more intensive activities being located in the center of the park. Responding to Commissioner Cetraro, the Superintendent indicated that, if the Commission approves the revised master plan, it will become the document upon which decisions regarding improvements are based. He noted that the BMX group has $75,000 available for its new track but will need to do a significant amount of fundraising before the project can be undertaken. Responding to Commissioner Hietala, the Superintendent stated that the 1992 master plan included tennis courts, but none have been constructed to date. He indicated that the new master plan does not include tennis courts, but they could probably be added if the property along the eastern boundary of the park is acquired for parkland in the future. Mr. John Delzer, representing the BMX group, noted he has been working on this project for three or four years. He stated his concurrence with Superintendent Goehrung's comments and indicated a willingness to respond to questions. Responding to City Manager Johnson, the Superintendent stated the multi-use building would include ticket sales, concessions and office area as well as restrooms. He noted that the City would retain responsibility for maintenance of the restrooms but would have the groups maintain the ticket sales, concessions and office area. Responding to Commissioner Hietala, Director of Public Service Debbie Arkell stated that Westlake Park is currently 5.9 acres in size. No one spoke in opposition to the proposed new master plan for Westlake Park. It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the revised master plan for Westlake Park, including elimination of the community gardens, be approved. 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. Informal review - conceDt PUD and Dre-aDDlication for Dreliminary plat - River Run (mixed density residential develoDment on 60 acres located alona the west side of Manlev Road. north of Griffin Drive and south of the East Gallatin River - Kerin & Associates for Laurence Vosti Included in the Commissioners' packets was a staff report prepared by Contract Planner Lanette Windemaker, forwarding the concept Planned Unit Development and the major subdivision pre-application for River Run, a mixed density residential development along the west side of Manley Road. south of the East Gallatin River and north of Griffin Drive. Planner Lanette Windemaker distributed a letter from Gary Vodenhal, Gallatin Valley Land Trust, after which she identified the location of the proposed project, noting it is to be served by an interior looped road with a couple cul-de-sac drives extending from that looped road. She identified the 100-yearfloodplain and noted that the watercourse setback affects only a small portion of the property. She forwarded the applicant's proposal to develop 75 single-family residences on the property, with open space or parks in four 11-12-2002 -.. .---.----.- - 6 - locations within the development. She then identified the two significant wetlands on this subject property, noting that some of those wetlands are to be mitigated while others are to be enhanced. Mr. Rick Kerin, consulting engineer representing the applicant, distributed sets of maps to the Commissioners showing the proposed lot configuration and the wetlands. He stated the main looped street is to be constructed to city standards, with the cul-de-sac streets being designed to a slightly narrower standard. He stated the lots on the north end of the property, which are adjacent to the wetlands and the watercourse setback, are to be large lots and developed in a manner that blends with and is sensitive to those areas. The homes are to be served by City water and sewer services, and Manley Road is to be paved to the north end of the subject property. He identified an area around the initial homestead as anticipated parkland, noting that the old buildings are probably not salvageable. He then stated that the requested traffic study will be completed. He concluded by briefly addressing the wetlands issue and noting that the building envelopes for the estate lots on the north end of the property will be located outside the designated wetlands. Responding to Mayor Kirchhoff, Mr. Kerin stated that the property line goes to the center of the river, so the bridge is essentially at the northeast corner of the subject property. Mayor Kirchhoff voiced his interest in the trail infrastructure through this property; Mr. Kerin recognized that issue will require additional work. Ms. Donna Clinton, Wetlands West, noted the company is now a division of Morrison-Maierle. She distributed copies of the written timeline for addressing wetland issues on the subject property, beginning in 1997 and ending in 2006. Attached to that timeline was the letter of transmittal and information from the Army Corps of Engineers that accompanied the permit and the proposed mitigation efforts. She noted that 5.7 acres of wetlands will actually be lost through development under this permit; however, the functional values of the remaining wetlands will be significantly improved. She indicated that the springs at the southwest corner of the site are a water source that never freezes, and that area will be protected through development. Also, the waterfowl preservation area is to be protected through the construction of a jackleg fence and the posting of educational kiosks on the bench overlooking the area. She stressed that the reviewing agencies have strong restrictions on pet and human access into those areas, thus making the extension of trails through the property very difficult. Commissioner Youngman noted that when zoning of this property was considered, there was great concern that the floodplain is actually larger than shown and concern about standing water and wet areas on the property in addition to the delineated wetlands. She recognized that this plan protects and enhances many of the wetland areas, but she anticipates concern about the proposal to eliminate six acres of the wetlands. She asked that the applicant be prepared to address high groundwater concerns in those areas where houses are proposed during the formal application process. She also asked that they ensure that mitigation efforts do not result in pushing water off-site and impacting the surrounding neighbors. Ms. Clinton distributed copies of the pictures that Mr. Kerin had taken from various locations looking across the subject property. She identified the various plants on the property, noting that they help to define the wetland areas. Commissioner Youngman asked if soils testing is to be done; Ms. Clinton responded that soils testing was done for the permit. Commissioner Youngman noted that both Anne Banks, member of the Recreation and Parks Advisory Board, and Gary Vodenhal, Gallatin Valley Land Trust, have raised some good points regarding land for active recreation on the site, possibly in a central spot, and trail connections through the property. She noted that a trail network developed in a useful pattern would be preferable to trail spurs, but she recognized the problems that arise from the wetland areas. She then indicated that she has mixed feelings about the proposed development on the north end of the property. She also stated that, while she has not previously seen a fenced preserve in city limits, she recognizes the need to protect the wetlands area. She stressed the importance of having good groundwater monitoring data and addressing how the mitigation of wetlands might impact that level. She concluded by noting that it is preferable to have a single larger parkland area rather than pieces scattered throughout the development. 11-12-2002 .--..-...-..---- ..-.----.--- --..---... -..-- - 7 - Commissioner Brown stated his major concerns revolve around putting buildings on areas currently designated as jurisdictional wetlands, particularly the foundations, basements and crawl spaces. He indicated that he would like to see some trails in the project. He then stated that he has mixed emotions about fencing the waterfowl area but recognized that such areas may need to be fenced to be effective. Ms. Clinton noted that, with a wooden jackleg fence and signs posted, people will tend to police each other and maintain the integrity of the area. Mayor Kirchhoff voiced his interest in seeing as many trail connections as are feasible, particularly providing access to the East Gallatin River. He also noted that a trail between the East Gallatin Recreation Area and this development would be of great benefit to the community. He asked for documentation from the Montana Department of Fish, Wildlife and Parks regarding whether a properly designed trail could be extended through the wetlands area and retain compatibility with wildlife and waterfowl. He concluded by voicing support for protecting Block 5 as much as possible. Commissioner Hietala stated he, too, feels it makes sense to have trail access to the East Gallatin River. He recognized that the availability of City services enhances the viability of this project. Commissioner Brown noted he has heard that since the East Gallatin Recreation Area was developed, the water levels in the Cherry Creek access have raised and asked how much influence that might have on the development of this land. The Commission thanked the applicant's representatives for the opportunity to review this concept plan and pre-application. Discussion re Commission meeting schedule for December 23 and December 30. 2002 Mayor Kirchhoff voiced his interest in cancelling both the December 23 and December 30 Commission meetings, in light of the way the holidays fall this year. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Commission meetings scheduled for December 23 and December 30,2002, be cancelled. 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. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1 ) Memo from Gary Vodehnal, Gallatin Valley Land Trust, dated October 28, forwarding general information on the 12-acre parcel adjacent to the East Gallatin Recreation Area being considered for possible acquisition as additional parkland. Director of Public Service Debbie Arkell asked that this item be placed on the agenda for discussion if the Commission wants staff to pursue possible acquisition of the property. City Manager Johnson indicated that he has discussed possible problems and issues with Mr. Vodenhal and has asked him to work with the property owner and to report back regarding the potential for purchase. (2) Information on the Big Sky or Big Sprawl?3 conference being held on November 22 in Helena. Commissioner Youngman noted that most of the Commissioners attended the first conference and suggested that some of the Commissioners may wish to attend this year's conference. Commissioner Hietala, Commissioner Youngman and Mayor Kirchhoff all voiced interest in attending the conference; Planning Director Epple indicated that three of his staff members also plan to attend. 11-12-2002 - 8- (3) Updated list of planning projects to be considered at upcoming Commission meetings, dated November 6, 2002. (4) Notice that there would be no County Commission meeting on November 5. (5) Agenda for the Development Review Committee meeting which was held on November 6. (6) Agendas for the Zoning Commission and City Planning Board meetings which were held on November 6. (7) Agenda for the Gallatin Local Water Quality District Board meeting which was held on November 7. (8) Agenda for the School District No. 7 Board meeting which was held on November 11. (9) E-mail from the Planning Department announcing that the Design Review Board meeting for November 12 has been cancelled due to the lack of agenda items. (10) Agenda for the County Commission meeting which was held at 9:00 a.m. today at the Manhattan High School. (11 ) Agenda forthe Development Review Committee meeting which was held at 10:00a.m. today at the Professional Building. (12) Agenda for the Cemetery Board meeting which was held at 1:00 p.m. today in the Conference Room. (13) Newsletter from Headwaters Recycling announcing that the next board meeting will be held on Wednesday, November 13, in Three Forks. (14) Director of Public Service Debbie Arkell submitted the following. (1) Advised the Commission that at Thursday's meeting, the Recreation and Parks Advisory Board will consider a request from citizens wanting boards to be set up on the Bogert Pavilion for hockey again this year. (2) Announced that there was a small fire at the Wastewater Treatment Plant construction site that did no damage to the facility. (15) Commissioner Brown submitted the following. (1) Announced that he will be out of town for next week's meeting. (2) Gave a brief update on the transit task force, stating he has just edited the fourth version of the report. He indicated the task force will be meeting on Wednesday evening to finalize the report. which will be presented to the Commission at the December 9 meeting. (16) Responding to City Manager Johnson, Commissioner Hietala stated that the solid waste task force is meeting on a weekly basis. Recess - 4:42 p.m. Mayor Kirchhoff recessed the meeting at 4:42 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearings and completing the business items. Reconvene - 7:00 p.m. Mayor Kirchhoff reconvened the meeting at 7:00 p.m. 11-12-2002 ------ ..------.--.- - 9 - Public hearina - Commission Resolution No. 3554 - authorize pledgina of Revolvina Fund to sUPPort issuance of $106.000 in Sidewalk Bonds. Series 2002 This was the time and place set for the public hearing on pledging of the Special Improvement District Revolving Fund to support the issuance of $106,000 in Sidewalk Bonds, Series 2002. Mayor Kirchhoff opened the public hearing. Clerk of the Commission Sullivan stated that sidewalks have been constructed under a contract for the 2000 Sidewalk Program, at a total cost of $1 06,000. The City is funding those costs through a five-year loan from the INTERCAP program, and this public hearing is for the purpose of receiving public comment on pledging of the Special Improvement District Revolving Fund to support the repayment of the loan in the event that property owners fail to pay their assessments. No one spoke in support of or in opposition to pledging of the SID Revolving Fund to support the Sidewalk Bonds, Series 2002. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Commission authorize the pledging of the SID Revolving Fund to support the issuance of $1 06,000 in Sidewalk Bonds, Series 2002. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting No, none. Public hearing - Certificate of Appropriateness with deviation from Section 18.18.030. Bozeman Municipal Code. to allow a proposed minor subdivision of the east 77 feet of Lots 4. 5 and 6. Block 16. Park Addition. to result in one lot to have a lot area of 3.850 SQuare feet, which is 1.150 sauare feet less than the reauired 5.000 sauare-foot lot area - Melissa and Dennis Steinhauer. 404 West Curtiss Street IZ-02226) This was the time and place set for the public hearing on the Certificate of Appropriateness requested by Melissa and Dennis Steinhauer under Application No. Z-02226, with a deviation from Section 18.18.030 of the Bozeman Municipal Code to allow a proposed minor subdivision of the east 77 feet of Lots 4, 5 and 6, Block 16, Park Addition, to result in one lot to have a lot area of 3,850 square feet, which is 1,150 square feet less than the required 5,000 square-foot lot area. The subject property is located at 404 West Curtiss Street. Mayor Kirchhoff opened the public hearing. Historic Preservation Planner Hillary Hertler presented the staff report. She stated the subject property is a large lot located within an historic district. The requested deviation is to allow for the future subdivision of the property in a manner that results in a new lot that is 3,850 square feet, or 1,150 square feet less than the minimum size allowed. She indicated that a review of the area revealed at least four other undersized lots on this block, and those lots serve as contributing elements to the historic district. The Historic Preservation Planner stated that staff has reviewed this application in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report. She briefly summarized those findings and the recommended conditions for approval of this application. Responding to Commissioner Brown, the Planner stated that the area has been cleared where the new proposed residence is to be constructed, but no work has begun on that structure. Ms. Mara Gai-Katz, architect representing the applicants, indicated she would not make a presentation. No one was present to speak in opposition to the requested deviation. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. 11-12-2002 ._n.._.._....___._ ... .. ....-.--- - 10 - It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the Certificate of Appropriateness requested by Melissa and Dennis Steinhauer under Application No. Z-02226, with a deviation from Section 18.18.030 of the Bozeman Municipal Code to allow a proposed minor subdivision of the east 77 feet of Lots 4, 5 and 6, Block 16, Park Addition, to result in one lot to have a lot area of 3,850 square feet, which is 1,150 square feet less than the required 5,000 square-foot lot area, be approved subject to the following conditions: 1. The applicant shall apply for a minor subdivision within one year of Certificate of Appropriateness approval or this approval shall become null and void. 2. This property shall be subdivided 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 zone code. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro, Commissioner Youngman, Commissioner Hietala and Mayor Kirchhoff; those voting No, none. Public hearina - Variances from Section 18.50.110.F.1.a.. Bozeman Municioal Code. to allow reduction in off-street oarkina reauirements on Lots 17 and 18. Block 8. Sorinc;Jbrook Addition - Amo and Marv DeBernardis for 110 North 8th Avenue (Z-02207) This was the time and place set for the public hearing on the variance from Section 18.50.11 0.F.1.a. of the Bozeman Municipal Code, as requested by Amo and Mary DeBernardis under Application No. Z- 02207, to allow a reduction in off-street parking requirements from four spaces to two spaces on Lots 17 and 18, Block 8, Springbrook Addition. The subject property is located at 110 North 8th Avenue. Mayor Kirchhoff opened the public hearing. Associate Planner/Urban Designer Candace Honatke presented the staff report. She stated that the requested variance is to allow two off-street parking spaces, one in the garage and one beside the garage, rather than the four off-street parking spaces required for a duplex. She indicated that a single- family home exists on the subject property, and under the next public hearing, the applicant is proposing to convert this home into a duplex, with a second story addition to accommodate that conversion. The Associate Planner stated that staff has reviewed this application in light of the three criteria established by the Montana Supreme Court, and staff's comprehensive findings are contained in the written staff report. She indicated that, as a result of that review, staff is recommending approval of the variance. Mrs. Mary DeBernardis, applicant, stated that her daughter Amy has Fragile X Syndrome, which is a mental impairment. She and her husband purchased this home five years ago to give her a home within walking distance of stores, the downtown, medical facilities, and employment. She stated the doctor has recommended she have her own apartment with her own dog to give her a sense of independence and to provide the stability not available with a roommate. As a result, they are proposing to convert the first floor to a one-bedroom unit for her with a two-bedroom rental unit on the second floor. Mr. Amo DeBernardis, applicant, stated his willingness to provide the second off-street parking space beside the garage, but asked if the space must be paved or if a gravel space is acceptable. Planning Director Epple responded that a gravel parking space is acceptable. No one was present to speak in opposition to the requested variance. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. 11-12-2002 --.-.-- - .-... ....-.-.-....-----. - 11 - It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the variance from Section 18.50.11 0.F.1.a. of the Bozeman Municipal Code, as requested by Amo and Mary DeBernardis under Application No. 2-02207, to allow a reduction in off-street parking requirements from four spaces to two spaces on Lots 17 and 18, Block 8, Springbrook Addition, be approved. 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 - Conditional Use Permit - allow conversion of sinale-familv residence into duplex on Lots 17 and 18. Block 8. Sprinabrook Addition. with deviation from 18.30.050. Bozeman Municipal Code. to allow addition to encroach 1 foot into reauired 5-foot side yard setback - Amo and Marv DeBernardis for 110 North 8th Avenue (Z-02207) This was the time and place set for the public hearing on the Conditional Use Permit requested by Amo and Mary DeBernardis under Application No. 2-02207, to allow the conversion of a single-family residence on Lots 17 and 18, Block 8, Springbrook Addition, into a duplex, with a deviation from Section 18.30.050 of the Bozeman Municipal Code to allow an addition to encroach 1 foot into the required 5-foot side yard setback. The subject property is located at 110 North 8th Avenue. Mayor Kirchhoff opened the public hearing. Associate Planner/Urban Designer Candace Honatke presented the staff report. She stated that this application is to allow the construction of an addition which encroaches one foot into the required five- foot side yard setback in conjunction with conversion of the existing single-family home into a duplex. She cautioned that all openings on the wall that encroaches into the setback must comply with building code requirements. The Associate Planner stated that staff has reviewed this application in light ofthe applicable criteria, and staff's comprehensive findings are contained in the written staff report. She briefly highlighted those findings and forwarded staff's recommendation for approval, subject to several conditions. Mr. Amo DeBernardis, applicant, asked about the requirement to close the window openings on the north side and other requirements for meeting fire codes. He voiced his objection to closing the window openings. Planning Director Epple responded that is an issue which must be addressed with the Building Inspection Division and is not part of the application before the Commission at this time. Mrs. Mary DeBernardis, applicant, encouraged Commission approval ofthis application and thanked the City for working with them. No one was present to speak in opposition to the Conditional Use Permit with deviation. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Conditional Use Permit requested by Amo and Mary DeBernardis under Application No. 2-02207, to allow the conversion of a single-family residence on Lots 17 and 18, Block 8, Springbrook Addition, into a duplex, with a deviation from Section 18.30.050 of the Bozeman Municipal Code to allow an addition to encroach 1 foot into the required 5-foot side yard setback, be approved subject to the following conditions: 1. The applicant shall adhere to a 4-foot setback from the northern property line, allowing a 20-percent deviation on side yard set back requirements, as set forth in the zone code, Section 18.30.050.A and 18.30.050.B, "Yards." 2. Applicant shall provide a total of two off-street parking spaces on property, as set forth in zone code, Section 18.50.110. F .1.a, "Off-street Parking Spaces Required per Dwelling." Since one off-street space exists, applicant must provide one additional off-street parking space. This space must measure 9 feet in width and 20 11-12-2002 -. - .- .--.. -----...-..-.- -..-..-...----....-.-.- ..- - 12 - feet in length as measured from the rear and side yard property lines, with location subject to review and approval by the Planning Office. 3. Applicant shall insure that the architectural character of the structure is not compromised with the proposed addition or development. 4. Written documentation shall be provided by applicant, prior to issuing of building permit, specifying location and description of utilities on property. 5. 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. 6. 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. 7. The applicant must submit seven (7) copies of a final site plan within 90 days of preliminary approval containing all of the conditions, corrections and modifications to be reviewed and approved by the Planning Department. 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. Public hearing - Zone Code Amendment - revise Sections 18.04.515. 18.04.1385. and 18.52.040. and add Section 18.04.1386 and Chapter 18.66 to the Bozeman MuniciDal Code. Drovidina for additional aDDlication reauirements. review Drocedures and review criteria for medium and larae-scale retail establishments (Z-02213) This was the time and place set for the public hearing on the Zone Code Amendment under Application No. Z-02213, to revise Sections 18.04.515, 18.04.1385, and 18.52.040, and to add Section 18.04.1386 and Chapter 18.66 to the Bozeman Municipal Code, providing for additional application requirements, review procedures and review criteria for medium and large-scale retail establishments. Mayor Kirchhoff opened the public hearing. Associate Planner/Urban Designer Candace Honatke distributed copies of a memo in which she forwarded additional revisions based on a recent staff meeting, after which she presented the staff report. She reviewed the revisions to the various definitions and highlighted the provisions of the new chapter. She reminded the Commission that in March 2002, a task force, comprised of professionals from various disciplines, was appointed to examine all aspects of large scale retailing in the community. That task force completed its review and forwarded its report to the Commission on July 29. She indicated that the document now before the Commission is the culmination of that report plus meetings of staff over the past couple of months. The Associate Planner stated that staff has reviewed this application in light of the twelve criteria set forth in the zone code, and staff's comprehensive findings are contained in the written staff report. She stated that, following the public hearing on this application at its meeting held on October 29, the Zoning Commission forwarded its recommendation for approval, subject to the revisions contained in her memo dated November 6. 11-12-2002 -..-. .--..---.. _n__..._..".._". - 13 - Planning Director Epple highlighted the revisions in the memo dated November 12, noting that it adds recreational vehicle sales to the list of exemptions from outdoor sales and storage requirements. He also asked that the Commissioners consider a revision to add an Item NO.4 under Section 18.56.040.A., to include "requirement for continued maintenance of the vacant buildings and grounds." Associate Planner Honatke stated that Commissioner Brown forwarded several minor corrections to her in a telephone call a few days ago that have not been included in the information submitted to the Commission. Ms. Susan Swimley, attorney representing Ben Carter Properties, asked that the Commissioners slow the process, noting the first draft of the ordinance enacting these proposed amendments became available for review late on the afternoon of October 24. She stated that she was the only person present at the special Zoning Commission meeting held on October 29, and she discussed this amendment with them at length. She noted that the members had questions on a number ofthe items in the proposed ordinance, but acted on the amendment due to a sense of urgency. She asked that the Commission adopt a definition of square footage, as recommended by the task force, and add an exclusion for the administrative office area. She also asked that the Commission make an exception for traditional department stores, like Sears and The Bon, noting that those are not the type of big box stores that were discussed at the task force meetings. She noted that department stores are typically anchor stores in a setting that includes a number of separate, smaller stores; and she suggested those stores be considered through the planned unit development process. She concluded by once again encouraging the Commission to slow the process and allow the pUblic more opportunity for comment. Ms. Ashley Brandt, 526 West Cameron Bridge Road, stated shewas part of the task force. She voiced appreciation that the amendments have been based on the task force recommendations and asked that the retail, large scale, be better defined. She stated the essence of the ordinance was to recognize large buildings that are seamless but, as written, the ordinance does not take into account those buildings that can be easily broken apart and reclaimed. Mr. Dan Guggenheim, 418 North Wallace, stated that he was also a member of the task force. He noted that, when he read the ordinance, he became concerned about the requirement for an additional study in lieu of the fee schedule recommended by the task force. He acknowledged the legal concerns regarding this issue, but noted that the task force had purposely omitted the idea of a study from its recommendations, particularly after seeing the WalMart study so open to interpretation. He noted that a fee schedule makes the process less time consuming and less complex. He then turned his attention to the issues raised about department stores, noting that the task force came to the agreement that the size of the structure is the key issue in identifying impacts to the community. Mr. Jerry Perkins, 511 North Wallace Avenue, voiced his concurrence with Ms. Swimley's comments regarding timing. He indicated that he, too, is concerned about traditional stores, including the department stores that serve as anchors in a mall. He then questioned why businesses are being discouraged from coming to Bozeman, particularly in light of the tax dollars that they generate. He concluded by stating it is difficult for a business to justify moving to a community when the fees are $850,000 before engineering or building costs are considered. Mr. Jeff Rupp, Executive Director of the Human Resource Development Council, stated that he, too, was a member of the task force. He indicated that he is proud to have been a part of the process, noting the report reflects compromise by those who served. He suggested that, if the Commission feels a study is important, one study be done up front, and stressed that the result would be the consistency that developers are requesting. He then noted the task force recommended the fees for affordable housing be targeted to home ownership and the Zoning Commission recommended that be expanded to include rentals. He asked that the Commission accept the task force recommendation and not include rentals. Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing. Responding to questions from Mayor Kirchhoff, Staff Attorney Tim Cooper stated that, given the way the ordinance is currently drafted, legal staff would need to do more work on the impact development fee portion ofthe ordinance to ensure that it is legally defensible. He indicated that, with the provision for a study, the ordinance is more defensible than without it, and he is uncertain that it would be defensible if only the fee 11-12-2002 .---.--...--.. --....- .--. ,. ---- - 14- schedule were included. He then indicated that staff was hesitant to make radical changes to the provisions recommended by the task force in light of Commission direction, and has not yet had time to thoroughly analyze the legal implications of the ordinance as drafted. Further, he noted that the legal staff has not yet been directed to complete that research and make a professional judgment on the legal issues. Responding to Commissioner Brown, Staff Attorney Cooper stated he has not had an opportunity to research the possibility of separating department stores from big box stores. He recognized that "big box stores" or "category killers" are generally single-story warehouse type buildings, which are substantially different from the standard department stores that are often more than one story. He noted that these two types of stores have different impacts, but he has not conducted any type of legal review on the issue to determine how they might be separated. Commissioner Youngman stated that Section 18.66.020.B., as written, does not include any size restriction, except a percentage of the size of the structure. She acknowledged that some exceptions have been recently identified but voiced concern that other uses may be missing, such as nurseries as freestanding businesses. She also questioned why the percentage of outdoor display for a business with a building of 45,000 square feet or less would fall under this ordinance. Staff Attorney Cooper responded there was not much discussion on that issue; rather, staft was trying to effect the recommendations of the task force as precisely as possible. Planning Director Andy Epple noted that Big R is proposing to purchase the property immediately north of its current location on North 7th Avenue for its corporate offices and expansion of its exterior sales area. He cautioned that, under the ordinance as currently drafted, that expansion would not be allowed. Responding to Commissioner Youngman, Ms. Swimley reviewed her recommended revision to determining the floor area, noting that it appears from the minutes ofthe task force meetings that they intended to base the fees on the retail floor space. Assistant City Manager Ron Brey stated that the task force was concerned about evaluating the outdoor storage and sales areas and, to address those concerns, he had suggested including language to indicate that the area would be calculated the same as for determining parking spaces. Subsequently, Planning Director Epple cautioned that such an approach could result in a gross floor area of 130,000 to 140,000 square feet under the proposed 1 OO,OOO-square-foot cap; and that was clearly not what the task force had intended. As a result, staff drafted the ordinance to reflect the area used by a single tenant rather than the gross floor area recommendation from the task force. Staff Attorney Cooper recognized that the task force deliberated on the idea of a study-based fee but shied away from that option based on recent experience. He stressed, however, that the fees must be linked to the impact being mitigated; and that is the reason he added the option for a study in conjunction with the fee structure. Responding to Commissioner Youngman, Staff Attorney Cooper stated that he was not aware of the task force wanting to make a change to the definitions that currently exist in the zone code to reference a big seamless building. Responding to Commissioner Cetraro, Planning Director Epple stated that the Zoning Commission did not fully understand the passion with which the task force recommended that monies for affordable housing be limited to home ownership and not rentals. He then urged that, given the concerns expressed regarding whether the ordinance is legally defensible and in light of unanswered questions regarding traditional department stores, seamless buildings and outdoor sales, the Commission give staff an opportunity to make changes to the ordinance prior to considering its adoption. Commissioner Cetraro stated that this ordinance, as written, discourages businesses from entering into or expanding in Bozeman. He acknowledged the impacts that such businesses can bring; however, he feels there is no clear direction from the Commission on how to address the various issues that have been raised. 11-12-2002 -..-.--.--.------...-.-... - 15 - Commissioner Brown questioned whether the City Manager is the correct person to receive the report allowed under the economic development fee, as provided under Section 18.66.050, and suggested that under Subsection 4, the term "City" be changed to "City Commission" to avoid any potential confusion. As a result of discussion, the Commissioners agreed that the City Manager should be designated as the person to whom the report is submitted and agreed with the revision to "City Commission" under Subsection 4. Commissioner Brown also suggested that the fee schedule be clarified to reflect that the fees are cumulative; the Commissioners concurred with that proposal. Commissioner Brown then suggested that the definition under 18.04.1386 be clarified to indicate that medium scale retail is between 40,000 and 75,000 square feet. Commissioner Youngman noted that the City will be receiving $950,000 in fees from two separate developments that will not be subject to the provisions of this ordinance. She suggested that, if the Commission determines that rental units need to be addressed as well as home ownership, some of those monies could be used for that purpose. She then recommended that the ordinance reflect the task force recommendations rather than the Zoning Commission recommendations. Commissioner Youngman then indicated she is comfortable with the suggested exemptions for recreational vehicle sales and auto sales and asked if the Commission wishes to include freestanding nurseries. Under that same section, Commissioner Brown asked if the Commission wishes to also consider an exemption to allow for expansion of stores like Big R. A majority of the Commissioners indicated an interest in exempting freestanding nurseries; and Mayor Kirchhoff asked that staff look at how defensible it might be to exempt agricultural retail sales. Mayor Kirchhoff stated he is concerned about whether the fee schedule is defensible. He then encouraged the Commissioners to consider the purpose of the amendment, which is to implement a planning idea to indicate preferences and to identify and mitigate impacts of large scale retail facilities. He suggested that an alternative to the fee structure or study would be to establish a size cap. Commissioner Youngman stated that, once the Commission created the task force, she feels that alternative was removed from further consideration. She than asked how long it wi II take for staff to resolve the legal questions revolving around the proposed ordinance as drafted. City Attorney Luwe responded that he is unsure how long the legal research will take, and cautioned that it will be dependent, in part, on how much litigation comes into his office. Responding to Commissioner comments, he suggested that staff be directed to bring back an ordinance for Commission consideration, noting staff can then keep the Commission informed of their progress on a monthly basis. Commissioner Brown suggested that this issue be brought back to the Commission in two weeks for additional consideration. The Planning Director indicated that staff could make the changes as directed by the Commission at this meeting for review and additional consideration at that time, with the legal analysis to be completed at a later date. It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Commission initially approve the Zone Code Amendment under Application No. Z-02213, to revise Sections 18.04.515, 18.04.1385, and 18.52.040, and to add Section 18.04.1386 and Chapter 18.66 to the Bozeman Municipal Code, providing for additional application requirements, review procedures and review criteria for medium and large- scale retail establishments, and direct staff to bring back an ordinance enacting the amendments, with the revisions identified during the public hearing, for consideration at the November 25 meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown, Commissioner Youngman and Mayor Kirchhoff; those voting No being Commissioner Cetraro. Break - 8:55 to 9:02 D.m. Mayor Kirchhoff declared a break from 8:55 p.m. to 9:02 p.m., in accordance with Commission policy. 11-12-2002 ....---.-.......--- ----..--. --.--..- ..-- .-.--- -- - -"...---.----- - 16- Decision ~ sitina of solid waste transfer station Included in the Commissioners' packets was a memo from Director of Public Service Debbie Arkell, dated November 7, forwarding staff's responses and the consulting engineer's responses to the questions that were received prior to the November 1 deadline. Also included in the Commissioners' packets were copies of the additional testimony received after the close of the October 28 meeting and prior to the November 1 deadline. Mayor Kirchhoff noted that the Commission has received all of the public comment being accepted on this issue. He then suggested that, as the first step in the process of selecting a site, one of the three sites be eliminated, and proposed that be the Love Lane site. He noted it is incompatible with some ofthe County objectives; the costs of needed road improvements are unknown but probably are significantly greater than projected by the consultant; the required road improvements could unwittingly create sprawl; and the transfer station could lead to a whole new slate of impacts on an area that has not been previously asked to absorb such impacts. Commissioner Brown noted it is ironic that the County suggested that the City seek a site large enough to accommodate the needs of both entities; but they do not support the Love Lane site, which is the largest site under consideration. He then stated he feels there are many positives in the Love Lane site, and he does not support its elimination. Commissioner Youngman voiced her general concurrence with Mayor Kirchhoff's comments. She recognized that the best site would be one away from neighbors yet close to the community, but no such site has been identified. She concluded by noting that, while this site is essentially in what had been identified as the preferred area, it is the first to drop from her list of preferred sites. Commissioner Hietala stated he feels the highest and best use of the unused portion of the landfill needs to be determined and considered in this process. Commissioner Brown concurred that needs to be a part of the economic analysis. Mayor Kirchhoff stressed the importance of considering the service being provided to the customers and questioned the advisability of doubling the number of sites being operated and splitting of the services being provided. Commissioner Hietala noted that the solid waste task force has recommended the City Commission not make a decision until after the refuse district issue has been resolved. Commissioner Youngman responded by noting that such a delay would cost $1.7 million per year, and she feels the City's customers should not be asked to bear those additional costs. She suggested that, even if a refuse district is created, a transfer station will be needed in the same search area that has been used to date, since Bozeman is a primary population center in the county. Commissioner Brown noted that the City is already a year behind on its decision, so he feels an urgency to get the decision made and not wait for others. Commissioner Hietala suggested that, if the costs of a transfer station were spread among county residents as well as city residents, a location further west could prove less costly to the city residents. Mayor Kirchhoff once again stressed the City's obligation to continue its current level of services to the customers in the most cost-effective manner. He noted that the transfer station is just one component of the service and is a separate issue from whether the City joins a county-wide refuse district and provides a guaranteed waste stream. He also indicated that a transfer station provides the City with the maximum flexibility in dealing with its solid waste issues. Commissioner Cetraro stated that he can support eliminating the Love Lane site and focusing on the remaining two sites. Commissioner Hietala stated it is his understanding the $1.7 million cost for the Griffin Drive/Manley Road site is negotiable. 11-12-2002 -..----. "..-- ---- ..--.-..-.----- - .---. -- .------ - 17 - Commissioner Youngman recognized that the basic transfer station operations could be located on the Griffin Drive/Manley Road site, but she questioned whether the composting and white goods storage could be incorporated into that site. She noted that, through creative design, it may be possible to include all operations on that site. Mayor Kirchhoff acknowledged that the Griffin Drive site could make some sense, but he does not anticipate the current landfill site will ever become inactive. He noted, rather, he anticipates that the white goods storage and composting will continue there. Also, he indicated that the large vehicles will continue to be stored at the landfill; and, furthermore, monitoring of the unlined cells will continue for many years. He stated that he continues to be concerned about the doubling of sites for this kind of use, noting that to locate the transfer station at the landfill would actually result in less impact to the adjacent residential neighborhood, which is a well-appointed neighborhood with nice homes. Commissioner Youngman voiced her preference for the Griffin Drive/Manley Road site, noting it is zoned for heavy industry, is closest to the freeway interchange, has industrial neighbors on three sites, has fairly simple and predictable infrastructure improvement requirements, and has the lowest estimated long-term costs. Commissioner Cetraro noted the Griffin Drive/Manley Road site is his preference, in light of its zoning designation, the short haul to the interstate, and surrounding development. He noted that the transfer station in Lake Union is located on one city block and serves 500,000 people, so he feels all services can be provided on this site. He then acknowledged that either site would serve the community well, but suggested that using the unused portion of the landfill site as a revenue-producing site could be beneficial. Commissioner Brown noted that the Griffin Drive/Manley Road site is adjacent to industrial areas and is not surrounded by homes at this time. Commissioner Hietala suggested that seven to ten acres is not needed for the transfer station, particularly since one can be constructed on a city block. He suggested that, through appropriate excavation, the profile of the facility can be lowered; and fencing, screening, berming and planting of trees can further minimize the impacts. He then noted that effective methods of minimizing odor can address those potential impacts. Commissioner Youngman suggested that, if the Commission selects the Griffin Drive/Manley Road site as its first choice, it should also include direction to staff to get the price down as far as possible, particularly since much of the site is not usable. She also urged that the building be designed at the lowest possible height and in harmony with the building design in the adjacent industrial subdivision. She stressed the importance of design excellence and adequate buffering for the site, and suggested that the self-haul entrance to the facility be from Griffin Drive. She then asked that recycling, cooperation in an all garbage composting facility, and other methods for innovative solid waste management to reduce the solid waste stream be pursued under the framework of a solid waste policy that is environmentally sound and fiscally prudent. City Manager Johnson asked how staff is to proceed if the City is unable to get a permit to locate a transfer station on the Griffin Drive/Manley Road site and asked whether the landfill site is excluded from further consideration. All of the Commissioners voiced support for keeping all three sites open for further consideration. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the Commission select the Griffin Drive/Manley Road site for a solid waste transfer station, contingent upon (1) the City being able to acquire the site for a reasonable purchase price and (2) the City being able to obtain a permit for locating the transfer station on the site. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Cetraro and Commissioner Youngman; those voting No being Commissioner Hietala and Mayor Kirchhoff. It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that, if the Griffin Drive/ Manley Road site cannot be purchased due to such factors as price or the inability to obtain a permit, the Commission will reopen discussion and consideration of the Love Lane site and the Story Mill Road site. The 11-12-2002 u__._____.... ------..------.-.... -18- 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. Adiournment -10:00 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that the meeting be adjourned. 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. di~ ~ S'ffVEN . KIRe OFF, Mayor ~ ATTEST: ~ d~ ROBIN L. SULLIVAN Clerk of the Commission 11-12-2002