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HomeMy WebLinkAbout2007-02-12 Minutes, City Commission LINKED MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA February 12, 2007 ***************************** The Commission of the City of Bozeman met in the Community Room, Gallatin County Courthouse, 311 West Main Street, on Monday, February 12,2007 at 6:00 pm. Present were Mayor Jeff Krauss, Cr. Sean Becker, Cr. Jeff Rupp, Cr. Steve Kirchhoff, City Manager Chris Kukulski, Assistant City Manager Ron Brey, Planning Director Andy Epple, Assistant Planning Director Chris Saunders, Finance Director Anna Rosenberry, Director of Public Service Debbie Arkell, City Engineer Rick Hixson, City Attorney Paul Luwe, and Deputy City Clerk Cynthia Jordan Delaney. 0: 19: lOA. Call to Order - 6:00 pm - Community Room, Gallatin County Courthouse, 311 West Main Mayor Krauss called the meeting to order at 6:04 pm. 0: 19:22 B. Pledge of Allegiance and Moment of Silence 0:20:04 Changes to Agenda - Chris Kukulski City Manager Chris Kukulski stated that Cr. Kaaren Jacobson's absence needs to be authorized. 0:20:28 C. Public Service Announcement - Pothole Hotline (Arkell) Director of Public Service Debbie Arkell encouraged citizens to call the Pothole Hotline to report potholes. 0:21:50 Motion and Vote to authorize Cr. Jacobson's absence. It was moved by Cr. Becker. and seconded by Cr. Rupp. to authorize Cr. Jacobson's absence. Those votin!! Aye bein!! Crs. Becker. Rupp. Kirchhoff. and Mayor Krauss. Those votin!! No bein!! none. The motion carried. 0:22: 10 D. Minutes - January 29 and February 5, 2007 0:22:14 Motion and Vote to approve the minutes of January 29 and February 5, 2007. It was moved by Cr. Rupp. and seconded by Cr. Kirchhoff. to approve the minutes of January 29 and February 5. 2007 as submitted. Those votin!! Aye bein!! Crs. Rupp. Kirchhoff. Becker. and Mayor Krauss. Those votin!! No bein!! none. The motion carried. 0:22:35 E. Consent 1. Authorize payment of claims (LaMeres) 2. Finally adopt Ordinance 1692, Sidewalk Cafe Ordinance (Luwe) 3. Approve monthly building report (Poulsen) 4. Approve Old Chicago Minor Subdivision Final Plat, #P-06054 (Cooper) 0:22:39 Public Comment Mayor Krauss called for public comment on the Consent items. There was no public comment. 0:23:04 Motion and Vote to approve Consent items 1-4. It was moved by Cr. Kirchhoff and seconded by Cr. Becker to approve Consent items 1-4. Those voting Aye being Crs. Kirchhoff, Becker, Rupp, and Mayor Krauss. Those voting No being none. The motion carried. 0:23:18 F. Public Comment Mayor Krauss called for public comment. 0:23:56 Public Comment - Peter RUJ!heimer After setting up the computer, Peter Rugheimer, of 1404 Story Mill Rd., showed a conceptual development sketch of his family's 60 acre property and stated that he is concerned with the proposed hazardous waste collection facility being situated so close to his property. 0:33:49 Public Comment closed. 0:34:08 G. Special Presentation - Work Force Housing Task Force 0:34:24 Introduction by Ron Brey Assistant City Manager Ron Brey introduced the public information session for the Work Force Housing Task Force. 0:36: 17 Overview and sharing the responsibility - Roxanne Klingensmith Roxanne Klingensmith, of 1717 S Black #53, presented the task force's overview. She stated that the twelve members of the Work Force Housing Task Force came together on September 7, 2006, and the task force has met five hours weekly since September. 0:38:36 Overview and sharing the responsibility - Craig Roloff Craig Roloff, of 514 Cambridge Drive, stated that the document before the Commission represents significant research, many revisions, and a great deal of consensus-building. The task force wholeheartedly and unanimously supports this proposed ordinance. The task force urges the Commission to consider and adopt this ordinance as a package since the sections of the proposed ordinance are linked together and carefully crafted to maintain balance. 2 0:40:46 Applicability - Brian Caldwell Brian Caldwell, of 733 S Tracy, discussed the applicability of this ordinance and how it has changed from its original condition to what is presented now. Over the last nine years, Bozeman has added 5.7 square miles of annexed property into the city, and all indications seem to show that land consumption will continue at a high rate. This ordinance is linked to the annexation and the amount of acreage and how it calculated. 0:43:14 Plan and Compliance - Chris Budeski Chris Budeski, of 315 Sheraton Ave., presented a summary of Sections 30 and 40, Plans and Compliance. He stated that the timing of the plan for affordable housing needs to be submitted at preliminary plat. He mentioned that the main obstacle to providing affordable housing is land, since the cost of un annexed land has increased 500% in the last five years. 0:51 :22 Cost of Housing - Jennifer Olson Jennifer Olson, of 4630 Clearview, discussed the cost of housing and how the cost of units is determined. The maximum sales price for purchase of a work force housing unit will be determined annually by the Work Force Housing Administrator. 0:55:09 Cost Offsets - Marcia Youngman Marcia Youngman, of 1214 W Koch, stated that the task force worked to develop a set of cost offsets to be practical for both builders and developers to help decrease costs including smaller lot sizes, fast track review procedures, low interest construction loans, help from the lending industry, several architectural plans available to builders already reviewed, reduction or waiver of impact fees (or later payment of fees), and a I-to-l trade between affordable housing land for park land (with an average of 11 % reduction in park land). The task force recommended less than 100% reliance on development to create park land. 1:02:01 Construction Requirements - Amanda Cater Amanda Cater, of 2305 Fairway Drive, presented the construction requirements for the builder and the developer and the penalty for noncompliance. The work force housing units should blend in with the neighborhood, have a mixture of 2 and 3 bedroom units (all with single car garage), be of good quality (including normal amenities), preferably energy efficient, guidelines should be created with building industry for standards of construction, be scattered throughout the subdivision, identified on preliminary and final plat, and the lot must be marketed at the same time as other lots. 1 :05:40 Occupancy Requirements - Connie Garrett Connie Garrett, of 414 N Plum, presented Section 16.02080, Occupancy Requirements. Work force housing units are intended to be the primary residence and owner-occupied. Proof of residency will be required annually. 1 :08:06 Buyer Qualifications - Jennifer Olson Jennifer Olson, of 4630 Clearview, presented buyer qualifications. All program applicants must be pre-qualified by a city-approved lender. The applicants must obtain a letter of qualification from the lender. The household income may not exceed 120% of the area median family income for a family of four. Applicants must be a resident or employee working in Gallatin County. 3 1 :09:54 Additional Suggestions and Summary - Marco Ferro Marco Ferro, of 705 Blackmore Place, presented additional recommendations and requirements for the Commission to consider. The task force wants the Commission to make a resolution to keep moving this ordinance forward. 1: 16:03 Closing Comments - David Smith David Smith, of 2000 Commerce Way, the President and CEO of the Bozeman Chamber of Commerce with 1,200 members, stated that this document represents a compromise "we can all agree upon and that we can do better to provide affordable housing." This is a partnership with the business community, and the Chamber of Commerce supports this report. 1:18:22 Closing Comments - Chris Budeski Chris Budeski, of 315 Sheridan Avenue, thanked the Commission for giving the opportunity to create this Work Force Housing Ordinance for the city. Diverse members of the task force spent the time and energy to understand the task and what this city needed, and they came up with an ordinance that fulfills the need in this community. 1: 19:07 Public Comment opened. Mayor Krauss opened public comment. 1: 19:57 Public Comment - Sandv DodJ!e Sandy Dodge, of612 W Story, Chair of the Recreation and Parks Advisory Board, stated that the Recreation and Parks Advisory Board feels like this plan is fatally flawed. He stated that the 11 % park land reduction is an enormous burden on parks since parks are currently used to their full capacity. An 11 % reduction is an 11 % reduction in all future park land in Bozeman. Livability is the key, and affordability is being done at the expense of livability. 1:23:24 Public Comment - Connie Garrett Connie Garrett, of 404 N Plum, spoke on behalf of parks and said the task force didn't reach consensus about parks. She lives in the northeast neighborhood and watched $250,000 for parks given instead to the library. She doesn't feel there needs to be a park reduction. Please limit the parks reduction to 10%, and please set up a fund dedicated only to parks. 1 :25:35 Public Comment - Anne Banks Anne Banks, of 7 Hill Street, has been a member of the Recreation and Parks Advisory Board for 14 years. She stated that for 14 years the board has been urging Commissions to find another way to acquire and maintain park land, but nothing has come forth. She is truly unwilling to sacrifice 11 % of park land to this ordinance. She asked the Commission not to approve the part of this ordinance that affects park land. 1:27:02 Public Comment - Carol Stoll Carol Stoll, of 2726 Harris Street, spoke in support of the citizen group and its ordinance. She urged the Commission to adopt it now and fine tune it afterward, since there needs to be a place to start from. She stated that she appreciates parks, but she also appreciates teachers and city patrol 4 officers and people who cannot afford houses. She believes it is as important to have roofs over the heads of our workers as it is to have parks to play in with our dogs. 1 :28:09 Public Comment - Tricia Bailev Tricia Bailey, of 7975 Overlook Lane, the President of the Gallatin Association of Realtors, expressed the Gallatin Association of Realtor's sincere appreciation to the task force for its time and effort. She stated that she represents 800 real estate professionals, and asked the Commission to carefully consider this plan and adopt it as presented. She believes this document is thoughtful, thorough, and ready for implementation. She made various suggestions regarding how to implement changes to the plan, if needed. 1:31:38 Public Comment - Patrick McCracken Patrick McCracken, of 618 S 11 th, stated that the Commission should adopt the plan as written, and he thanked the task force for its hard work. 1:31:57 Public Comment closed. Mayor Krauss closed public comment. 1 :32:07 H. Action Items 1:32: 111. Work Force Housing Task Force (Brey) 1 :32: 13 Mayor Krauss Mayor Krauss stated he didn't think the report is in ordinance form now. He wanted to get the word out, discuss the issues, get it out for public discussion, and mull it over for at least a week. 1:32:54 Mr. Brey Mr. Brey stated that the recommendation was to direct staff to bring the matter back to the Commission in ordinance form after legal review and UDO revisions, as well as to offer a recommended time frame so that the Commission's final adoption will allow for implementation before June 30, 2007. 1:34:12 Cr. Kirchhoff Cr. Kirchhoff thanked the task force for their hard work and intelligent product. He expressed concerns about the amount of park land dedication and searched for the reality of impact fees. He asked what it means that Bozeman is getting behind with park land. He stated that the public seems to be bearing the pain, not developers. 1:40:34 Mayor Krauss Mayor Krauss thanked the task force for its perseverance and dedication to a comprehensive solution. He stated that there is a lot of intelligence, team effort, and heart in this document, and he finds it hard to second guess their product. He asked, Is affordable housing a public good that we are willing to pay for? He stated that he will be willing to honor the task force's recommendation. 5 1 :45:54 Cr. Becker Cr. Becker stated that we've come a long way, and he is impressed and humbled by the effort. As a whole, this makes a lot of sense as long as it can remain complete and in balance. 1 :51 :50 Cr. Rupp Cr. Rupp thanked the task force for its dedication and its remarkable product. He stated that he likes the model plan and the flexibility, and he is more comfortable with impact fee discussions and offsets. He was grateful for the requirement about affordable land. He thinks that the recommendations will capture only 5-7% of units, and he is concerned that nobody will buy an affordable lot and build a home. 1:56:14 Mayor Krauss Mayor Krauss told the task force that they have taken the heat out of this discussion. 1:57:12 Cr. Kirchhoff Cr. Kirchhoff stated that he doesn't know what the right amount of park land is. 1:59:30 Mayor Krauss Mayor Krauss asked if it was appropriate to entertain a motion to accept the report, thank the task force, and set a date to consider a preliminary ordinance. 1 :59:52 Mr. Brey Mr. Brey suggested that the Commission meet with the task force during a policy meeting to develop knowledge of where the data, numbers, and rationale came from. 2:01:43 Cr. Rupp Cr. Rupp stated that he wants to talk through the process, keep it on the agenda for two or three Mondays, set aside a policy meeting, and get questions to Mr. Brey ahead of time. 2:02:47 Mayor Krauss Mayor Krauss suggested having Recreation and Parks people present at the policy meeting. 2:03:56 Cr. Kirchhoff Cr. Kirchhoff said that ultimately the question is about money and who pays for it. He sees it as pushing the cost burden to the public to make it viable to the building industry because he knows the public is losing 11 % and the impact fee. 2:05:46 Mayor Krauss Mayor Krauss asked the task force about scheduling the meeting. 2:06:33 Cr. Rupp Cr. Rupp asked Mr. Brey about the time frame when this ordinance is applicable to development projects coming to the Commission. 6 2:06:58 Mr. Brey Mr. Brey stated that it "picks off" where preliminary plat is submitted after 7/1/07 for subdivisions or where a site plan for condo units is submitted after 7/1/07. 2:09: 13 Mr. Budeski Mr. Budeski suggested one Thursday evening work session from 6-9 pm for the Commission to meet with the task force. 2: 10:09 Mayor Krauss Mayor Krauss and Commissioners discussed meeting on the evening of February 22 or March 1. 2: 12: 15 Motion and Vote to accept the Advisory Board's report and to set aside a Thursday evening in the coming weeks. It was moved bv Cr. Becker. and seconded bv Cr. Rupp. to accept the Advisorv Board's report and to set aside a Thursdav evenine in the comine weeks. Those votine Ave beine Crs. Becker. Rupp. Kirchhoff. and Mavor Krauss. Those votine No beine none. The motion carried. 2: 13:49 Break 2:36:43 2. Legends Impact Fee Credit Request (Hixson) 2:37:04 Staff Report - Chris Saunders Assistant Director of Planning Chris Saunders reviewed the procedures and potential revisions to the intersection proposal for Griffin Drive and N Rouse Avenue. 2:39:09 Staff Report - Rick Hixson City Engineer Rick Hixson presented a report about the potential for putting a roundabout at Griffin and Rouse instead of a traffic signal. He stated the complications of building a roundabout, and the staff recommendation is to go ahead with the traffic signal. 2:57:52 Public Comment Mayor Krauss asked for public comment. There was no public comment. 2:58:09 Motion to approve Impact Fee Payback Request #0602 contingent on the four conditions given by staff. First, Cr. Kirchhoff moved to direct staff to move forward with signalization. Then, it was necessary to change the motion to include the impact fee and the four conditions. It was moved bv Cr. Kirchhoff and seconded bv Cr. Rupp to approve Impact Fee Payback ReQuest #0602 contineent on the four conditions eiven bv staff: 1. The credit will be paid as a sinele amount. 2. The final value of the credit will not be determined until final proiect costs are available. A 7 preliminary credit value of $307.272 has been identified based upon an eneineer's estimate. 3. No credits will be available until the project is completed and accepted and final costs for the project are provided to and accepted bv the City. 4. The applicant shall aeree in writine to the above listed conditions of approval prior to the credits becomine effective. 2:59:00 Cr. Rupp Cr. Rupp asked questions about the minimum standard for size and engineering for a roundabout. 2:59:20 Mr. Hixson Mr. Hixson stated that the size of the roundabout circle is based on the length of the design truck (an interstate semi truck)--the size it takes for the truck to go around at 5 mph. 3:00: 14 Cr. Becker Cr. Becker stated that in the future he would like to see staff address roundabouts as a design priority, including acquisition of right-of-way in new subdivisions so they don't have to retrofit later. 3:01:19 Vote to approve Impact Fee Payback Request #0602 contingent on the four conditions given by staff. fit was moved by Cr. Kirchhoff and seconded bv Cr. Rupp to approve Impact Fee Payback ReQuest #0602 contineent on the four conditions eiven bv staff: 1. The credit will be paid as a sinele amount. 2. The final value of the credit will not be determined until final project costs are available. A preliminarv credit value of $307.272 has been identified based upon an eneineer's estimate. 3. No credits will be available until the project is completed and accepted and final costs for the project are provided to and accepted bv the City. 4. The applicant shall aeree in writine to the above listed conditions of approval prior to the credits becomine effective.l Those votine Ave beine Crs. Kirchhoff. Rupp. Becker. and Mavor Krauss. Those votine No beine none. The motion carried. 3:01:303. Appoint members to the Zoning Commission (Fontenot) 3:02:26 Motion to reappoint Nathan Minnick, J.P. Pomnichowski, and Warren Vaughan to the Zoning Commission. It was moved bv Cr. Becker and seconded bv Cr. Kirchhoff to reappoint Nathan Minnick. J.P. Pomnichowski. and Warren Vauehan to the Zonine Commission. 8 3:02:40 City Attorney Paul Luwe City Attorney Paul Luwe suggested an amendment to the motion to make it retroactive to February 1, 2007 and ratify the actions of the Zoning Commissions taken since February 1. 3:02:55 Amended Motion and Vote to make three retroactive appointments effective February 1, 2007 and to ratify the actions taken by the Zoning Commission on February 6, 2007. The amendment was moved bv Cr. Becker and seconded by Cr. Kirchhoff to approve the recommendation listed in the staff report: to make retroactive appointments of Nathan Minnick. J.P. Pomnichowski. Warren Vauehan to fill up the three vacancies in the Zonine Commission effective February 1.2007. and to ratify the actions taken bv the Zonine Commission at their meetine of February 6. 2007. Those votine Aye beine Crs. Becker. Kirchhoff. Rupp. and Mavor Krauss. Those votine No beine none. The motion carried. 3:03:40 Planning Director Andy Epple Planning Director Andy Epple clarified that the Commission didn't endorse the Zoning Commission's recommendation; the Commission ratified that the Zoning Commission took an action. 3:04:37 4. Billion-Norton Growth Policy Amendment, #P-06065 (Sanford) 3:04:42 Staff Report - Andy Epple Planning Director Andy Epple presented the Billion-Norton Growth Policy Amendment, #P-06065, submitted by Joe Billion, for approximately 40 acres directly north of the Billion Auto Plaza at the intersection of Cottonwood A venue and W Babcock. 3: 10:59 Applicant - Kirsten Emborg Kirsten Emborg, of K Emborg Consulting on 811 O'Connell Drive, presented a last minute modification to the Growth Policy Amendment application on behalf of Joe Billion. The modification requests that 20 acres be redesignated as Community Commercial (instead of original 34 acres), leaving 14-15 acres in the Residential designation along northern and western boundaries. This Residential zoning will buffer properties to the north. 3: 16:38 Applicant - Joe Billion Joe Billion thanked the Commission and stated that he has worked closely with all neighbors to the West and North of the property. He stated that buffering will work fine. Car dealerships will be in the 20 acre parcel in the middle, along with other businesses. He is concerned about fitting into the community and working with neighbors, and he will work out lighting concerns with neighbors. He stated that he can't afford to wait until the 2020 Plan, and he said that if the Commission approved this GP A it would be outstanding for the project's time frame. 9 3:18:03 Public Comment opened. Mayor Krauss asked for public comment. 3:18:20 Public Comment - John Hulme John Hulme owns property directly to the east of the proposed expanded dealership at the corner of Cottonwood and Fallon. He purchased that land one year ago, and he is currently building the 1st phase of a 96 unit condo project. He wouldn't have purchased the land if he knew there would be a car dealership to the west. He feels damaged because he made his decisions based on current zoning, and now there is a consideration to change that zoning. If the Commission allows this change of zoning, there are site plan considerations. He doesn't want to see a sea of cars next to residential. 3:21:39 Public Comment - Dave MacDonald Dave MacDonald, of 4011 Blackwood Road, owner ofDMC Incorporated and a developer 16 years, stated that he owns the land directly East and North of John Hulme's land. He is doing construction and design development work with Mr. Hulme's land, and he stated that he has many of the same concerns when modifying the Unified Development Ordinance. He requested that the Commission take changes to the UDO seriously because people are making plans based on UDO work to date. He stated his concern that residents will have lights flooding into their living rooms from the commercial development next door. 3:26:22 Public Comment - GreJ! Stratton Greg Stratton, of 25A Clifden Drive, represents the Aspen Group (the developers of Valley West Subdivision). He stated that he met with Mr. Billion a few weeks ago and expressed three concerns: the continuation of parks established in V alley West, the continuation of the streetscape along Babcock, and compatibility with the residential subdivision to North. He stated that Mr. Billion and Ms. Emborg addressed his concerns, and he voiced his support for the project with the modifications shown tonight. 3:27:37 Public Comment - Tom Hennish Tom Hennish, speaking on behalf of Norton Properties (neighbors to the West), commended Mr. Billion for working with the city and neighbors. He stated his support for the application as presented today. 3:28:20 Public Comment closed. Mayor Krauss closed public comment. 3:28:37 Applicant - Mr. Billion Mr. Billion stated that light pollution is a concern, but Cottonwood Road will be an interstate connection and probably similar to 19th Street eventually. 3:36:18 Cr. Becker Cr. Becker asked Mr. Epple if the amended proposal that came in at 11 am changes the staff recommendation. 10 3:36:28 Mr. Epple Mr. Epple stated that staff still feels that this kind of significant change is best addressed with overall 2020 development. The staff would prefer to review this amendment in the context of a comprehensive rewrite of the plan, but the staff appreciate the scaled down acreage development. 3:37:52 Public hearing closed. Mayor Krauss closed the public hearing. 3:39:33 Mayor Krauss Mayor Krauss stated that he wants no more N 19th's, especially not on Cottonwood. 3:42: 10 Motion to approve Billion Norton Growth Policy Amendment application #P-06065 with contingencies listed on staff report and the modified design. It was moved by Cr. Rupp and seconded by Cr. Becker to approve Billion Norton Growth Policy Amendment application #P-06065 with contineencies listed in staff report on paee two and the modified desien presented tonieht (modification: 20 acres redesienated as Community Commercial.leavineI4-15 acres in the Residential desienation): 1. The applicant shall submit. within forty-five (45) days of approval bv the City Commission. an 81h- x ll-inch or 81f2- x 14-inch exhibit entitled Billion-Norton Growth Policy Amendment to the Plannine Department containine an accurate description of the property for which the erowth policy desienation is beine amended. The exhibit must be acceptable to the Plannine Department. 2. The resolution for the erowth policy amendment shall not be drafted until the applicant provides an exhibit of the area to be re-desienated. which will be utilized in the preparation of the resolution to officially amend the Future Land Use Map of the Bozeman 2020 Community Plan. 3:43:02 Cr. Kirchhoff Cr. Kirchhoff stated that he has always been uncomfortable with this application because it is essentially doing growth policy work on the fly. In the 2020 Plan, a process was never approved for cobbling together Growth Policy Amendments rationally every few years. 3:45:51 Vote to approve Billion Norton Growth Policy Amendment application #P-06065 with contingencies listed on staff report and the modified design. fit was moved by Cr. Rupp and seconded by Cr. Becker to approve Billion Norton Growth Policy Amendment application #P-06065 with contineencies listed in staff report on paee two and the modified desien presented tonieht (modification: 20 acres redesienated as Community Commercial.leavineI4-15 acres in the Residential desienation): 1. The applicant shall submit. within forty-five (45) days of approval by the City Commission. an 81/2- x ll-inch or 8%- x 14-inch exhibit entitled Billion-Norton Growth Policy Amendment to the Plannine Department containine an accurate description of the property for which the erowth policy desienation is beine amended. The exhibit must be acceptable to the Plannine Department. 2. The resolution for the erowth policy amendment shall not be drafted until the applicant 11 provides an exhibit of the area to be re-desienated. which will be utilized in the preparation of the resolution to officially amend the Future Land Use Map of the Bozeman 2020 Community Plan.l Those votine Aye beine Crs. Rupp. Becker. Kirchhoff. and Mayor Krauss. Those voline No beine none. The motion carried. 3:46:11 5. Parking Garage Change of Conditions, #Z-05006 (Win de maker) 3:47:06 Staff Report - Mr. Epple Mr. Epple stated that staff discovered conditions imposed on the parking garage that should be modified in order to receive federal funding (for an intermodal transportation facility). He stated that Condition 3 is an impossible condition, saying that a signal must be installed, but the Montana Dept. of Transportation says it isn't warranted and won't be done. Staff recommends that Condition 3 be amended. 3:51:33 Motion to amend Condition 3 as recommended by staff. It was moved by Cr. Kirchhoff and seconded by Cr. Becker to amend Condition 3 as recommended by staff: Installation of traffic sienals at the intersections of Mendenhall Street and Black A venue and Mendenhall Street and Tracy A venue shall be installed in a future phase of the Parkine Garaee per the Traffic Impact Study if MDOT warrants have been met. 3:52:04 Cr. Rupp Cr. Rupp clarified the changes to Conditions: no one is saying the traffic lights are not needed, but MDOT will not grant the lights. He stated that the garage will be built, there will be a bottleneck at the intersections, and then in two years the signal will be approved. He said the light is needed to make this facility function properly. 3:54:24 Vote to amend Condition 3 as recommended by staff. fIt was moved by Cr. Kirchhoff and seconded by Cr. Becker to amend Condition 3 as recommended by staff: Installation of traffic sienals at the intersections of Mendenhall Street and Black A venue and Mendenhall Street and Tracy A venue shall be installed in a future phase of the Parkine Garaee per the Traffic Impact Study if MDOT warrants have been met.l Those votine Aye beine Crs. Kirchhoff. Becker. Rupp. and Mayor Krauss. Those votine No beine none. The motion carried. 3:55:00 Staff Report - Mr. Epple Planning Director Andy Epple presented the staff report about amending Condition 5 and endorsing the design as it relates to the Mendenhall access. 12 3:56:37 Public Comment Mayor Krauss called for public comment on the Consent items. There was no public comment. 3:56:56 Motion and Vote to amend Copdition 5 as recommended by staff. It was moved by Cr. Rupp and seconded by Cr. Becker to amend Condi.tlOli 5 a~ recommended by staff: The drive approach exit on Black AvenueJs to be rieht-turn only. The confieuration of the Mendenhall Street drive access shall be as$llowo.'iJi:tbe Marvin & Associates Traffic Impact Study for Bozeman Downtown IntermodaI-~~c.ilttT. dated. September 2006. :...-::-? _"" . - ~-~ ~.-: - ~~--- "- '\ .~.::- Those votine Aye beine Crs. Rupp. Becker. Kirchhoff. and Mayor Krauss.. " Those votine No beine none. ' , .:,": _, _ '<. " The motion carried. ~ . 3:57: 17 I. Non-Action Items 3:57:341. Household Hazardous Waste Convenience Station Report (Epple) Mr. Epple presented the staff report saying that Planning and Engineering staff found no restrictions or references to limiting use of the Household Hazardous Waste Convenience Station only to city residents. Allowing non-city residents to use the facility is not a violation of the conditional use permit. ~~ , 4:00:36 Cr. Rupp Cr. Rupp stated that Mr. Rugheimer's public comment struck home with him tonight. He stated that it might be worth the due diligence to revisit: Is that the appropriate place to put the hazardous waste disposal site? He wants a second look at the issue to put it as far away as possible from populated areas. 4:02:03 Mayor Krauss Mayor Krauss said that there are three thumbs up to reexamine the household hazardous waste site placement. 4:02:33 J. FYIIDiscussion 4:02:371. Commission Policy Meeting Schedule (Kukulski) City Manager Chris Kukulski stated that the next policy meeting schedules include density, Accessory Dwelling Units, and road design. He suggested an all-day session for these topics. 4:08:25 Mayor Krauss Mayor Krauss suggested that the Commission forgo the policy meeting at noon on February 22 since the Commissioners will have a meeting with the Work Force Housing Task Force on February 22 from 6-9 pm. 4: 10:42 K. Adjournment 13 PREPARED BY: Approved on ~/:;L~107 , 14