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HomeMy WebLinkAbout2005-11-07 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA November 7,2005 ***************************** The Commission of the City of Bozeman met in regular session in the Community Room, Gallatin County Courthouse, 311 West Main Street, on Monday, November 7, 2005, at 6:00 p.m. Present were Mayor Andrew Cetraro, Commissioner Jeff Krauss, Commissioner Marcia Youngman, Commissioner Steve Kirchhoff, Commissioner Lee Hietala, City Manager Chris Kukulski, Assistant City Manager Ron Brey, Director of Public Service Debbie Arkell, Director of Finance Anna Rosenberry, Director of Public Safety-Police Mark Tymrak, Director of Public Safety-Fire Chuck Winn, Assistant Planning Director Chris Saunders, City Attorney Paul Luwe, and City Clerk Robin Sullivan. Sianina of Notice of Special Meeting Each of the Commissioners, in turn, signed the Notice of Special Meeting. Work Session - Continued review of proposed UDO revisions Assistant Planning Director Chris Saunders continued review of the proposed revisions to the unified development ordinance, beginning with No.5. He noted this pertains to design review for community centers, which have been listed as conditional uses in most zoning districts but could be listed as principal uses in some districts. He cited the size of the facility and traffic generation as issues to be carefully considered when determining whether these should be conditional or principal uses in residential areas. He noted that the Planning Board was split on its recommendation, and staff is seeking Commission guidance on this issue. Responding to comments from the Commissioners, Assistant Planning Director Saunders stated that establishing specific standards for community centers would create less opportunity for case-by-case decision making. He cautioned that churches today are dramatically different from the past, noting that they often are used for a variety of activities throughout any day or night. He noted those activities may be compatible with commercial or industrial uses but not with residential uses. Following discussion, a majority of the Commissioners agreed that community centers should be allowed as principal uses in the "R-Q" and all commercial and industrial zones and as conditional uses in all other residential zones, with specific standards being included in the code. Assistant Planning Director Saunders introduced No.8, which pertains to three adjustments in the table for area requirements. Under this revision, (1) staff would ensure that the table encompasses everything allowed in residential zones; (2) the lot area for apartments is to be increased from 600 square feet to 1600 square feet; and (3) the error in linear feet of frontage would be corrected. He noted that, based on area requirements, the current code provisions could allow up to 93 units per acre; the proposed adjustment would provide more realistic guidance. He also noted that the code, as currently written, could be interpreted as requiring 60 feet of frontage per dwelling unit rather than 60 feet of frontage for the lot. The Commissioners agreed with the proposed revisions. Assistant Planning Director Saunders stated that No. 10 increases the rear yard setbacks from arterial streets from 20 feet to 25 feet, which is the same as the front yard setback requirements. He noted this revision eliminates the incentive to back a house onto an arterial rather than facing it; a majority of the Commissioners indicated support for the proposed change. The Assistant Planning Director noted that No. 11 pertains to garages, noting the current code requires that an attached garage not obscure the entrance to a dwelling and that it be clearly subordinate to the dwelling. He identified the proposed revisions and options under this proposal, noting the Commission could choose a range of options from establishing strict requirements for garages, to providing for flexibility in meeting requirements, to taking no action. 11-07-05 - 2 - Following discussion, a majority of the Commissioners supported the second option, which requires that a garage meet two of three criteria and provides alternatives. Assistant Planning Director Saunders noted that No. 12 would increase side yard setbacks from 5 feet to 8 feet; and a majority of the Planning Board supported leaving the setback at 5 feet. Commissioner Hietala proposed that a 5-foot setback be allowed for lots with alley access but that an 8-foot setback be required for those lots without alley access, so that vehicular access to the rear yard is still possible. A majority of the Commissioners indicated support for leaving the setback at 5 feet. Assistant Planning Director Saunders stated that No. 14 would remove offices as a conditional use in the downtown core area; the Commissioners agreed with the amendment. The Assistant Planning Director noted that No. 15 prohibits drive through restaurants in the "B-1" zone. Responding to Commissioner Krauss, the Assistant Director indicated that noise and traffic circulation are key issues in this proposal. A majority of the Commissioners indicated support for the amendment. The Assistant Planning Director noted that No. 17 addresses the fact that parkland dedication cannot be acquired for non-residential subdivisions by establishing open space requirements for setback; the Commissioners agreed. The Assistant Planning Director concluded this session with No. 18, which modifies the yard setback requirements in the "B-3" zoning district; the Commissioners agreed with the proposed change to allow a 5-foot minimum yard setback adjacent to an alley. Break - 6:40 to 7:00 p.m. Mayor Cetraro declared a break from 6:40 p.m. to 7:00 p.m., to prepare for the regular meeting. Pledae of Alleaiance and Moment of Silence The meeting was opened with the Pledge of Allegiance and a moment of silence. Minutes - March 21. June 6. July 5. July 11. July 18. Auaust 1, Auaust 15. September 6. September 12. October 3. October 10. October 17. October 24. and October 31. 2005 It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the minutes of the meetings of March 21, October 10, October 17, October 24, and October 31,2005, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, and Mayor Cetraro; those voting No, none. Mayor Cetraro deferred action on the minutes of the meetings of June 6, July 5, July 11, July 18, August 1, August 15, September 6, September 12, and October 3,2005, to a later date. Consent Items City Manager Kukulski presented to the Commission the following Consent Items. Ordinance No. 1652 - amendina provision for exercisina eminent domain powers within city limits: finally adopt 11-07-05 - 3 - ORDINANCE NO. 1652 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY AMENDING CHAPTER 11.01, PRESCRIBING USE OF EMINENT DOMAIN POWERS. Ordinance No. 1653 - amendina zonina desianation from "M.1" (Liaht Manufacturina District) to "B-1" (Neiahborhood Commercial District) on 7.78 acres and establishina an initial zonina of "R-1" (Residential Sinale-Household. Low Density District). "R-2" (Residential Two-Household. Medium Density District). "R-3" (Residential Medium Density District) and "R-O" (Residential Office District) on 35.99 acres lyina alona North 27th Avenue and east of Davis lane alona the south side of Hulbert Road extended: finallv adopt ORDINANCE NO. 1653 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE CITY OF BOZEMAN ZONE MAP FROM "M-1 " (LIGHT MANUFACTURING DISTRICT) TO "B-1" (NEIGHBORHOOD COMMERCIAL DISTRICT) ON 7.78 ACRES AND ESTABLISHING AN INITIAL ZONING OF "R-1" (RESIDENTIAL SINGLE-HOUSEHOLD, LOW DENSITY DISTRICT), "R-2" (RESIDENTIAL TWO- HOUSEHOLD, MEDIUM DENSITY DISTRICT), "R-3" (RESIDENTIAL MEDIUM DENSITY DISTRICT) AND "R-O" (RESIDENTIAL OFFICE DISTRICT) ON 35.99 ACRES, ON PROPERTIES LOCATED IN THE NW% OF SECTION 35, T1 S, R5E, PMM, CITY OF BOZEMAN, GALLATIN COUNTY, MONTANA. Ordinance No. 1654 - amendina Sections 2.04.020 and 2.04.040. revisina time set for seatina of new Commission: provisionally adopt and brina back in two weeks for final adoption ORDINANCE NO. 1654 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT SECTIONS 2.04.020 AND 2.04.040 OF THE BOZEMAN MUNICIPAL CODE BE AMENDED; PROVIDING FOR THE TIME OF ASSUMPTION OF DUTIES OF NEWLY ELECTED COMMISSIONERS AND AMENDING THE TIME FOR MEETING. Acknowledae receipt of staff report - annexation of 4.55:1: acres Iyina alona the west side of Thomas lane, north of Baxter Lane - William H. louis, et al. (A-05008) Commission Resolution No. 3872 - intent to annex 4.55:1: acres Iyina alona the west side of Thomas lane. north of Baxter lane; set public hearina for December 5.2005 COMMISSION RESOLUTION NO. 3872 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF TRACTS OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACTS WITHIN THE CORPORATE LIMITS THEREOF. Acknowledae receipt of staff report - annexation of 313.95 acres located on the east side of StOry Mill Road approximately 2.000 feet north of the intersection of Mcllhattan Road and directly east of the City of Bozeman Landfill - Churn Creek Partners. llC (A-05011) Commission Resolution No. 3873 . intent to annex 313.95 acres located on the east side of StOry Mill Road approximate Iv 2,000 feet north of the intersection of 11-07 -05 - 4 - Mcllhattan Road and directly east of the City of Bozeman Landfill: set public hearina for December 5. 2005 COMMISSION RESOLUTION NO. 3873 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF lAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Acknowledae receipt of petition for annexation of 2.65-acre parcellyina alona south side of West Babcock Street at its intersection with Michael Grove Avenue. as submitted by the City of Bozeman on behalf of Glen Haven Properties Acknowledae receipt of staff report - annexation of 2.65.acre parcellyina alona south side of West Babcock Street at its intersection with Michael Grove Avenue - City of Bozeman on behalf of Glen Haven Properties (A-05009l (Erin Groth) Commission Resolution No. 3874 - intent to chanae the name of "Enterorise Road" in Walker PUD Subdivision to "Venture Way"; set public hearina for December 5,2005 COMMISSION RESOLUTION NO. 3874 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO CHANGE THE NAME OF "ENTERPRISE ROAD", LYING BETWEEN REEVES ROAD WEST AND NORTH 19TH AVENUE WITHIN THE WALKER PUD SUBDIVISION, TO "VENTURE WAY". Approval of final olat for leaends at Bridaer Creek Subdivision. Phase I - subdivide approximately 20 acres Iyina alona east side of Story Mill Road. north of Bridaer Drive. into 65 residential lots and open space Adopt Master Park Plan for Leaends at Bridaer Creek Subdivision, Phase I Ratify City Manaaer's sianature on Enaaaement Aareement with Tel-Mart. Inc.. for cable communications franchisina process Authorize City Manaaer to sian - Professional Service Aareement with ThinkTank Desian Group. Inc. - master plan for the Mandeville Farm site Authorize Citv Manaaer to sian - Professional Service Aareement with HDR Engineerina. Inc. - to provide capital fundina assistance and leaislative representation for the recently approved State and Tribal Assistance Grant (STAG) Authorize City Manaaer to sian - Riaht.of-Way Aareement. Quit Claim Deeds. and Public Street and Access Easement with School District No.7 for riaht-of-way alona Durston Road between North 11th Avenue and North 15th Avenue Award bid for two front load aarbaae trucks - Kois Brothers Eauipment Company. Billinas, Montana - in the bid amount of $330,000 Appointment of Commissioner Kirchhoff and Commissioner Hietala to subcommittee to review Pledaed Securities as of September 30,2005 Claims 11-07-05 - 5 - Commissioner Krauss noted that Ordinance No. 1652 is being adopted in response to a recent court decision and prohibits the exercise of eminent domain powers for economic development. Mayor Cetraro noted that Bresnan Communications is working with the City and the County to get the room wired for televising of Commission meetings and, as a result, he does not support executing the agreement for a consultant to negotiate a cable television franchise agreement. It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, and Commissioner Hietala; those voting No being Mayor Cetraro. Public comment No comment was received under this agenda item. Intent to vacate East Harrison Street. Hiahland Avenue. and Cypress Avenue within Sunset Hills Cemetery This was the time and place set for the public hearing on the intent to vacate those portions of East Harrison Street, Highland Avenue, and Cypress Avenue lying within the Sunset Hills Cemetery. Public hearing Mayor Cetraro opened the public hearing. Engineering Assistant Andy Kerr presented the staff report. He stated that the street rights-of-way are located within the area reserved for future cemetery use, and abandoning those rights-of-way will help facilitate master planning and layout of cemetery blocks and lots. He stated the hospital has no concerns with the proposed vacations, since the driveway in the existing 60-foot-wide access easement along the southern boundary of the cemetery property will remain. He concluded by encouraging approval of the requested street vacations. Commissioner Youngman noted she was contacted by a member of the Recreation and Parks Advisory Board about the fact that the Burke Park master plan includes a recommendation that the right-of- way not be abandoned until a permanent handicapped access to Burke Park has been provided. Engineering Assistant Andy Kerr responded that the existing driveway and access to Burke Park are located within the public access easement that will remain in place; therefore, this requested street vacation will have no impact on it. Commissioner Hietala stated he sees no gain by vacating the East Harrison Street right-of-way but sees potential problems with future access to Burke Park if it is vacated. He stressed that this is a fairly level area in the middle of Burke Park where those with disabilities have the easiest access to the trail. Assistant City Manager Ron Brey stated that he had previously shared those same concerns. He noted, however, that the existing driveway and access are via the public access easement that is approximately 20 feet south of the East Harrison Street right-of-way; and the street right-of-way is currently a vacant strip of land. He concluded by reminding the Commission that there is also handicapped access to the trail via retirement center further to the south. Responding to Commissioner Krauss, the Assistant City Manager stated that the streets within the cemetery were laid out as a part of the subdivisions created when Bozeman was vying for the state capitol, and they now prevent any logical plan for development of the cemetery. Since the City owns the property on both sides of the street rights-of-way, the entire rights-of-way will revert to City ownership for cemetery use. 11-07-05 - 6 - Commissioner Youngman noted that the Gallatin Valley Land Trust and Montana Conservation Corps have moved the fenceline and hedge for the cemetery so that all if its property is within those visible boundaries, thus setting the stage for vacation of these streets. She acknowledged that if the road and parking area remain within the public access easement, no changes will result from vacation of the rights-of- way. No public comment was received on the proposed street vacations. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the Commission approve the proposed abandonment of street rights-of-way within the Sunset Hills Cemetery and authorize and direct staff to bring back a resolution vacating and abandoning those portions of East Harrison Street, Highland Avenue, and Cypress Avenue lying within the Sunset Hills Cemetery. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, Commissioner Youngman, and Mayor Cetraro; those voting No, none. Intent to create Special Improvement Liahtina District No. 685 (Baxter Meadows Subdivision PUD. Phases 2A, 2B. 2C. and 2D) This was the time and place set for the public hearing on the intent to create Special Improvement District No. 685. Public hearing Mayor Cetraro opened the public hearing. City Clerk Robin Sullivan presented the staff report. She noted that on September 6, the Commission acknowledged receipt of the petition to create a lighting district for Baxter Meadows Subdivision PUD, Phases 2A, 2B, 2C, and 2D. All of the information needed to proceed with creation of the district was received and, on October 17, the Commission adopted Commission Resolution No. 3871, stating its intent to create Special Improvement Lighting District No. 685 and set the public hearing for this date. She then asked that, upon closing of the public hearing, the Commission direct staff to or not to bring back a resolution of creation. No public comment was received on the proposed lighting district. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the Commission authorize and direct staff to bring back a resolution creating Special Improvement Lighting District No. 685. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, and Mayor Cetraro; those voting No, none. Preliminarv plat for Meadow Creek Subdivision - subdivide :1:202.40 acres Iyina alona the west side of South 19th Avenue. south of Stucky Road and north of Blackwood Road extended into 269 residential sinale-household lots and 72 residential multi-familv lots - Allied Enaineerina Services. Inc.. for JCD. LLC (P-05053) This was the time and place set for the public hearing on the preliminary plat for Meadow Creek Subdivision, as requested by Allied Engineering Services, Inc., for JCD, LLC, under Application No. P-05053, to subdivide :t202.40 acres described as a portion of Tract 2, described on Plat Book 152, Page 474, and Film 9, Page 1156; Lot 4 of Minor Subdivision No. 235; Certificate of Survey No. 2286; and the Southeast one-quarter of the Southwest one-quarter of Section 23, described on Film 115, Page 3747, 11-07-05 - 7 - Township 2 South, Range 5 East, Montana Principal Meridian. The subject property lies along the west side of South 19th Avenue, south of Stucky Road, and along the north side of Blackwood Road extended, and is owned by Jane L. Schaff and Don H. Miller, Mildred Boylan for Paul Boylan Trust, Shady Lane Ranch Limited Partnership, and Marshall and Luzann Bennett. Public hearing Mayor Cetraro opened the public hearing. Senior Planner Dave Skelton presented the staff report. He noted that under this application, approximately 202 acres is to be subdivided into a total of 341 residential lots, including approximately 84 restricted size lots. No variances or deviations are being sought in conjunction with this subdivision; however, the applicant is asking the City Engineer to evaluate the alignments for certain street intersections. He noted the subject property has been preliminarily approved for annexation and for IR-3" and IR-4" zoning designations. The property is generally bounded on the north by Genesis Business Park, Blackwood Road extended on the south, South 19th Avenue on the east, and Fowler Road on the west. The Senior Planner identified a number of physical features on the site, including four watercourses and associated wetlands, and mature vegetation accompanies many of those watercourses. He noted that the applicant proposes no relocation of the existing watercourses and plans to preserve a majority of the mature vegetation. Planner Skelton stated that groundwater levels range from 1/'2 to 5 feet below the surface. In light of those levels, staff has recommended a notation be included on the final plat and in the protective covenants to preclude full or partial basements. The Senior Planner noted there are a number of structures on the site, and many of those are to be retained and some of them incorporated into the neighborhood center and park area. He then turned his attention to the issues raised during the pre-application review and how the plans have been revised to address those comments. Those issues include eliminating lots backing onto parkland, more rectangular lots, limited perimeter fencing, implementation of a public trail, and a more gridded street system. The Senior Planner noted that during the public hearing before the Planning Board, comment revolved around high groundwater, impact on adjoining lands, protecting adjacent agricultural lands, livestock and agricultural activity, and easements for an east/west trail corridor. The Senior Planner stated that a mix of uses is proposed throughout the subject property, including a mix of single-family detached homes and multi-family attached units. He also noted that steps are being taken to ensure the restricted size lots are developed for affordable housing. All streets are to be constructed to city standards, including the three collectors that extend along or through the property. He indicated that North 27th Avenue is to be developed within a 140-foot-wide right-of-way with a median to protect the ditch and vegetation. Senior Planner Skelton stated that, based on the traffic study completed by Peccia and Associates, a traffic signal at the intersection of South 19th Avenue and Stucky Road is needed in conjunction with Phase I and a traffic signal at the intersection of South 19th Avenue and West Graf Street will be needed prior to Phase II. He then indicated that the trail system provides a good hierarchy of trails, ranging from asphalt trail to gravel fines trails. Responding to Commissioner Youngman, Senior Planner Skelton stated that staff originally thought Class II fines would be a good surface for the trail system but later recognized the benefit of a north/south trail that is improved to a higher standard and accessory trails in a more natural state. He then acknowledged there has been a lot of discussion about whether a trail within a stream corridor should be asphalt. Senior Planner Skelton turned his attention to parks, noting there has been a significant amount of discussion on this issue. He identified the four parks to be included in this subdivision, ranging from passive to multi-use active parkland. He stated that the park area in the southwest corner of the site has been enlarged and the residential lot sizes increased to provide a buffer between the rural properties and this urban density development. He indicated that 20.58 acres of parkland is needed for this subdivision; this 11-07-05 - 8 - application includes 21.2 acres of dedicated parkland and a total of 49 acres of open space, parkland, and wetlands. The Senior Planner stated that staff has reviewed this application in light of the applicable criteria and, staff's comprehensive findings are contained in the written staff report. Based on those findings, staff has forwarded a recommendation for approval, subject to conditions. Following its public hearing at the October 18 meeting, the Planning Board concurred with the recommendation for approval, with minor modifications to one of the conditions. Responding to Commissioner Kirchhoff, the Senior Planner stated that the City Engineer's Office may approve street alignments that do not result in 90-degree intersections, so no relaxations or deviations from the zone code are required to accommodate the proposed streets. Responding to Commissioner Krauss, the Senior Planner indicated that the Gallatin Valley Land Trust has expressed an interest in the major trail systems having an impervious surface rather than fines. Commissioner Krauss responded that his preference is for a natural surface on trails in natural areas. Mr. Neal Ainsworth, representing the developer, stated that in 1999, the Millers began considering the future of this property, and two years ago, they began to discuss the legacy to leave to the community. He noted that their land, combined with a couple other parcels, has come together for a quality project that the applicants hope will raise the bar for other development in the community. He noted that, in this instance, they have provided more parkland and wetlands than necessary, to ensure the desired ambience. He stated the homeowners' association will maintain the corridors, walking trails, and parks within the subdivision. He concluded by thanking the staff and Commission for assistance during the development of this application noting that, while discussions may have been spirited at times, he finds the result is a positive for Bozeman. Mr. Chris Budeski, consulting engineer representing the applicant, stated that Commission approval is needed to allow the use of multi-family lots as restricted size lots. He noted that 84 restricted size lots are needed to meet code requirements, and allowing the use of multi-family lots to meet a portion of that requirement will allow for a good mix of housing types. Mr. Budeski turned his attention to the parkland, noting that 48 acres of parkland, open space, wetlands, and ponds will be provided in this subdivision, not including the stream corridor setbacks. He asked that the 29 acres of extra open space possibly be counted toward parkland dedication requirements for the possible future expansion of this subdivision. Mr. Budeski expressed concern about the wording of Condition No.7, which requires development of West Graf Street between South 19th Avenue and South 27th Avenue. He stated that, while they are willing to develop the street adjacent to their property, the applicants do not control all of the property to South 19th Avenue. He also addressed the wording in Condition No. 22, which reads that the applicant will dedicate a 2-acre parcel for a new fire substation, noting that until now, the wording has always been "up to a 2-acre parcel". Mr. Budeski stated that it appears the roadway along Middle Creek Ditch will need to be moved 20 feet to protect the large trees along that ditch, and the applicant is willing to do so. He then highlighted some of the revisions that have been incorporated in response to Commissioner comments, stating he feels the result is a good design. Mr. Don Siefert, 5700 Fowler Lane, reminded the Commissioners that it is 18 inches to groundwater on portions of this property. He thanked the City and the applicants for working with the neighbors, stating he feels the result has been good. He asked that a condition be added to approval of this application to require the developer to continue to work with the adjacent landowners, noting this would protect them in the event that this subject property changes hands. He also voiced appreciation for the Planning Board's addition of the right to farm conditions to the covenants. He then asked the City to consider continuation of the critical lands study that has been abandoned, particularly since the area south of Bozeman has extremely high groundwater. He identified the protection of the trees and the watercourses and the high groundwater as issues to be considered. He concluded by indicating his support for this project, with the additional conditions that he has proposed. 11-07-05 - 9 - Ms. Alice Jones, member of the Hope Lutheran Church, stated the church owns 20 acres on the north edge of this property, adjacent to South 19th Avenue. She indicated the developer has worked well with them and, in fact, have discussed options for land trades or incorporating their property into this development. She noted that she was one who left Bozeman in the mid 1980s to seek a career with better economics in Lincoln, Nebraska, where she found the type of subdivision being proposed under this application. She concluded by expressing her support for this project. Ms. Renee Sippel-Baker, 3781 Sourdough Road, noted that development of this property in the city rather than in the county will result in a different look. She voiced her appreciation that the developer is doing a lot to protect the natural features of the site. She also noted that the development of this property includes a significant amount of off-site infrastructure improvements. She concluded by thanking the Commission for its consideration of what she feels will be a wonderful subdivision. Mr. Budeski voiced his appreciation forthe public comment. He then reminded the Commission that no variances or deviations are being requested, and the applicant has worked to retain the natural features of the site. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision Commissioner Kirchhoff voiced his appreciation for the parkland and the use of public rights-of-way to protect those areas. He anticipates that this plan will result in a very nice neighborhood when it is built out. He noted, however, that he is concerned about the lack of orderly size and orientation of blocks and lots. He also expressed concern about the layout of the streets, noting that they have jogs that don't respond to anything. He cited the western side of the subdivision, north of Blackwood Road, as an example of his concerns and suggested that the road be realigned to go straight rather than contouring with the creek. He indicated that this comment could pertain to the streets in that area that curve with no apparent topographic constraints. He noted that straightening those roads and providing perpendicular intersections would eliminate many of the irregular shaped lots. He concluded by also questioning the use of alleys in some portions of the site. Commissioner Krauss acknowledged Commissioner Kirchhoffs concerns about the road alignments. He then stated he feels the applicant has responded well to the issues raised by the Commissioners and the residents in the area. Commissioner Youngman expressed her concurrence with the other Commissioners, stated she does recognize Commissioner Kirchhoffs concerns about the street alignments. Responding to Commissioner Youngman, Mr. Budeski noted that the street alignments as proposed follow the stream corridors. He cautioned that to straighten the roads out would result in substantially more open space or parkland, making this development even more expensive. He then indicated that, in light of the stream corridors and the street separation required on Blackwood Road, a nice street grid system cannot be provided. He also noted that the mix of restricted size lots has an impact on the street alignments. Commissioner Kirchhoff expressed his concern that the overall street layout lacks symmetry. He noted this is not the first neighborhood to be developed in an area with high groundwater and limited stream crossings and suggested a more cohesive street system is possible He recognized that the collector street system provides a strong backbone for the whole neighborhood but feels the local streets could be better planned. Responding to Commissioner Krauss, Senior Planner Skelton stated that recommended conditions for approval allow for the mix of single-family and multi-family restricted size lots, although that specific language could be added if the Commission so chooses. The Senior Planner then stated that, if the Commission wishes, it could include extension of Alder Creek to South 19th Avenue, although he noted that the Montana Department of Transportation would also need to approve another approach onto that roadway. 11-07 -05 - 10- Assistant City Manager Ron Brey expressed concern about requiring an asphalt trail, noting that crush fines are typically used in areas along watercourses. It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the preliminary plat for Meadow Creek Subdivision, as requested by Allied Engineering Services, Inc., for JCD, LLC, under Application No. P-05053, to subdivide :t202.40 acres described as a portion of Tract 2, described on Plat Book 152, Page 474, and Film 9, Page 1156; Lot 4 of Minor Subdivision No. 235; Certificate of Survey No. 2286; and the Southeast one-quarter of the Southwest one-quarter of Section 23, described on Film 115, Page 3747, Township 2 South, Range 5 East, Montana Principal Meridian, be approved subject to the following conditions: 1. The applicant must comply with all provisions of the Bozeman Municipal Code, which are applicable to this project. The applicant is advised that unmet code provisions, or code provisions that are not specifically listed, does not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. The traffic impact analysis submitted for the project shall be approved by City Engineering and the Montana Department of Transportation. All improvements needed to provide adequate level of service for the analyzed intersections must be installed with the project. 3. Access permits for the intersections, and occupancy permits for water and sewer mains and services within the State's right-of-way must be obtained from the Montana Department of Transportation. 4. The west half of South 19th Avenue shall be improved to the 120-foot right-of-way, 5-Lane Principal Arterial standard as shown in the Greater Bozeman Area Transportation Plan, 2001 Update, along the entire frontage of the subdivision including tapers back to existing asphalt on the north and south end meeting AASHTO standards. All of the improvements to South 19th Avenue shall be complete with Phase I of the subdivision. 5. The sidewalks adjacent to South 19th shall be 6 feet wide and shall be installed at the time the street improvements are done. 6. The north half of Blackwood Road along with the required utility extensions shall be improved to the 62-foot back-of-curb to back-of-curb BC Collector standard as shown in the Greater Bozeman Area Transportation Plan, 2001 Update, along the entire frontage of the subdivision. This shall include the curb for the future median. 7. The full width of Graf Street along with the required utility extensions shall be improved to the 48-foot back-of-curb to back-of-curb Collector standard as shown in the Greater Bozeman Area Transportation Plan, 2001 Update, from South 27th Avenue to the western boundary of the subject property. 8. The full width of South 27th Avenue from Blackwood Drive to Alder Creek Drive, and the east half from Alder Creek Drive to Graf Street, along with the required utility extensions shall be improved to the 62-foot back-of-curb to back-of-curb Collector standard as shown in the Greater Bozeman Area Transportation Plan, 2001 Update. This shall include the curb for the future median where only a half street is constructed. 9. The proposed variances identified in the preliminary plat submittal are not variances, but rather deviations from the City design standards. Calculations must be submitted to justify the deviations or the intersections realigned to meet the standards. 10. 1 OO-year flood elevations shall be computed for the watercourses that are within the subdivision boundary. All locations where flooding limits encroach onto proposed 11-07 -05 - 11 - lots shall be noted on the final plat along with minimum floor elevation for the structures to be constructed on the affected lots. 11. The sewer master plan for the area requires that a 1 O~foot main be installed through this subdivision or the majority of it to provide service for the properties to the south. The preliminary plat submittal states that all interior mains will be 8 inches. The mains must be adequately sized to serve the area to the south. 12. A 1 ~foot no access strip shall be shown on the plat along the entire frontage of South 19th Avenue, Blackwood Drive, Graf Street, and South 27th Avenue with the exception of the along Lots 11 and 12, Block 5, and Lots 13, 14, and 15, Block 9. These lots shall utilize a shared access as shown on the preliminary plat submittal. 13. All weather access roads shall be installed to provide access to all sewer mains that are not located within an existing street. 14. Pursuant to Section 18.42.070.A.3 of the Bozeman Municipal Code, sewer and water mains shall be stubbed out to the boundary of the subdivision to provide future service to adjoining undeveloped land. 15. Section 18.44.020.A.2.b of the Bozeman Municipal Code requires that the subdivision be a PUD unless the rights-of-way are 60 feet wide. Two 40-foot rights- of-way separated by 60 feet of open space are being proposed for South 29th Avenue. Either the subdivision will need to be submitted as a PUD, or the rights~of- way increased to 60 feet. Alternatively, the entire 140 feet may be dedicated. The plat and covenants shall require that the median in this street be maintained by the homeowners association. This shall include any maintenance or removal of the trees along the ditch. 16. That the subject property shall be formally annexed to the corporate limits of the City of Bozeman with the appropriate municipal zoning designations adopted by the City Commission prior to the applicant submitting for final plat approval for any phase of the major subdivision. 17. That the phasing of the major subdivision will not have sub-phasing within each phase and that each phase shall be in the proper sequential format, regardless of the timing for each phase to file at the Clerk and Recorder's Office. 18. That the subdivision exemption for relocation of a common boundary between the adjoining landowners (i.e., Marshall Bennett and Jane Schaaf and Don Miller) be filed at the Gallatin County Clerk and Recorder's Office prior to submitting for final plat review and approval. 19. That water rights, or cash-in-lieu thereof, shall be provided and paid for prior to final plat review and approval for each phase. If the final plat of the subdivision is filed in phases, water rights, or cash-in-lieu thereof will only be required for each phase of the subdivision that is being filed. The applicant shall provide payment of the calculated cash-in-lieu of water rights based on an amount determined by the Director of Public Service. 20. That the final plat contain the following language that is readily visible with lettering, at a minimum height of 3/16-inch, placing future landowners of individual lots on notice of the presence of high groundwater in the area of the subdivision for review and approval by the Planning Office: "Due to the potential of high ground water tables in the areas of the subdivision, no partial or full basements will be permitted in areas designated as having groundwater within five (5) feet of the surface during peak irrigation. The finish floor of all residential structures shall be not less than two (2) feet above the established elevation from the top of curb of the adjoining street. Furthermore, it is not 11-07-05 ~ 12 ~ recommended that residential dwellings or commercial structures with full or partial basements be constructed without first consulting a professional engineer licensed in the State of Montana and qualified in the certification of residential and commercial construction. " 21. Dedication of the public parkland will occur with the first phase of the major subdivision. 22. That the applicant dedicates with the first phase of the major subdivision up to a 2-acre parcel of land, reviewed and approved by the City of Bozeman Fire Department, for the purposes of a fire department substation situated along Graf Street. 23. Public pathway easements shall be at least 25 to 30 feet wide, including said easement located in Block 23 of Phase 2b, and noted accordingly on the final plat. 24. That the final design and specifications of the trail system within the major subdivision be reviewed and approved by the Superintendent of Parks and Recreation. 25. That the applicant modify the protective covenants of the homeowner's association as outlined in the staff report and that the applicant submit a revised draft of the protective covenants for review and approval by the Planning Office at least thirty (30) days prior to submitting for final plat approval of the initial phase of the major subdivision. 26. All areas for the purposes of open space, storm water runoff facilities, and other common areas owned and maintained by the homeowner's association shall be identified on final plat as "common area" and/or "common open space", and noted accordingly in the protective covenants of the homeowner's association documents. 27. All parks that are dedicated parkland shall be noted on the final plat as "Public Park". 28. That the applicant provide in the protective covenants of the homeowner's association for review and approval by the Planning Office, written language and landscape details providing the necessary provisions for the proper landscaping of all storm water facilities and related structures, and that all facilities will be a distance not less than 30 feet from the water courses. 29. That the applicant provide in the protective covenants of the homeowner's association for review and approval by the Planning Office, the recommended language provided by Mr. Donald Seifert regarding agricultural and farming practices, damage due to livestock, pets, and trespassing on private agricultural lands. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Hietala, and Mayor Cetraro; those voting No being Commissioner Youngman and Commissioner Kirchhoff. Zone Map Amendment - establish initial municipal zonina desiQnation of "R-2" on 2.65-acre parcel located south of intersection of West Babcock Street and Michael Grove Avenue - City of Bozeman for Glen Haven Properties, Inc. (Z-05182) This was the time and place set for the public hearing on the zone map amendment requested by the City of Bozeman for Glen Haven Properties, Inc., under Application No. Z-05182, to establish an initial municipal zoning designation ofIR-2", Residential- Two-household, Medium-density) on a 2.65-acre parcel described as a tract of land lying in the West one~half of the West one-half of the Northeast-one-quarter of the Southwest one-quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian. 11-07 -05 - 13 - The subject property lies along the south side of West Babcock Street at its intersection with Michael Grove Avenue. Public hearing Mayor Cetraro opened the public hearing. Planner Erin Groth presented the staff report. She noted that this subject property is being annexed by petition. She noted that it is surrounded by IR-2" and IR-3" zoned properties, and the character of the neighborhood is generally single-family residential, with some multi-family residential to the south. She stated the property is almost wholly surrounded by the city and is currently zoned general residential in the county. The Planner stated that staff has received two e-mails voicing concern about the loss of privacy, increased density, change of character, decreased property values and traffic congestion as a result of the proposed zoning. The Planner noted that staff has reviewed this application in light of the applicable criteria, and staffs comprehensive findings are contained in the written staff report. Based on those findings, the staff forwarded a recommendation for approval, subject to the standard conditions. Following its public hearing on this application at its October 18 meeting, the Zoning Commission concurred in that recommendation. Director of Public Service Debbie Arkell stated that, during negotiations with Mr. Witt for right-of-way for West Babcock Street, staff struck a deal with the owner. She reminded the Commission that several years ago, Mr. Witt requested annexation and a more intensive zoning designation. That process was not completed, and staff agreed to submit the applications for annexation and zoning at this time. She then noted that the requested zoning will allow the construction of duplexes on this parcel, and the applicant intends to do a combination of single-family and duplexes on the site. No public comment as received on the proposed zoning. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the zone map amendment requested by the City of Bozeman for Glen Haven Properties, Inc., under Application No. Z-05182, to establish an initial municipal zoning designation of II R-2" , Residential- Two-household, Medium- density) on a 2.65-acre parcel described as a tract of land lying in the West one-half of the West one-half of the Northeast one-quarter of the Southwest one-quarter of Section 11, Township 2 South, Range 5 East, Montana Principal Meridian, be approved subject to the following conditions: 1. That the ordinance for the zone map amendment shall not be adopted until the resolution of annexation is adopted by the City Commission. If the annexation is not approved, the application shall be null and void. 2. The applicant shall submit a map on a 24-inch by 36-inch mylar, 81f2-inch by 11-inch, or 81f2-inch by 14-inch paper exhibit and a digital copy of the area to be zoned, which will be utilized in the preparation of the ordinance to officially amend the City of Bozeman zoning map. Said map shall contain a metes and bounds legal description of the perimeter of the subject property and zoning districts, total acreage of the property and adjoining rights-of-way and/or street access easements. 3. The ordinance for the zone map amendment shall not be drafted until the applicant provides a metes and bounds legal description prepared by a licensed Montana surveyor and map of the area to be rezoned, which will be utilized in the preparation of the ordinance to officially amend the zone map. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, and Mayor Cetraro; those voting No, none. 11-07-05 - 14 - Cancellation of Commission meetinas of December 27.2005, and Januarv 3, 2006 City Manager Kukulski asked if the Commissioners wish to cancel both the December 27 and January 3 meetings. He then suggested that, if the Commission chooses to cancel its January 3 meeting and complete the seating of the new Commission at the January 9, 2006, meeting, he may ask the new Commissioners to attend an orientation session on January 3. Commissioner Krauss noted that Commissioner Youngman had requested the Commission not meet until January 9. He then stated that he has no problem with setting an orientation session for January 3, since that would not require her presence. It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the regular meetings of the Commission for December 27,2005, and January 3,2006, be cancelled, recognizing that an orientation session may be scheduled on January 3, 2006. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, Commissioner Youngman, and Mayor Cetraro; those voting No, none. Appointments to City Plannina Board. Desian Review Board. and Zonina Commission Included in the Commissioners' packets was a memo from City Clerk Sullivan forwarding the list of applicants for the vacancies on these boards. City Planning Board. Mayor Cetraro announced his appointments of Dean Drenk to replace Sarah Alexander and Erik Henyon to replace Mike Hope as a mayoral appointee on the City Planning Board, with terms to expire on January 31 , 2006. It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the Commission concur in the Mayor's appointments. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, Commissioner Youngman, and Mayor Cetraro; those voting No, none. Design Review Board. It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that Bill Rea be appointed to replace Joseph Thomas as an architect member, with a term to expire on June 30,2007, and that Elissa Ann Zavora be appointed to replace Carol Asleson as a landscape architect on the Design Review Board, with a term to expire on June 30,2006. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, and Mayor Cetraro; those voting No, none. Zoning Commission. It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that Sharyn Sears be appointed to replace Sarah Alexander on the Zoning Commission, with an initial term to expire on January 31,2007. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, and Mayor Cetraro; those voting No, none. Presentation from Police Department reaarding current crime issues Director of Public Safety-Police Mark Tymrak noted that recent police activities are high profile. He acknowledged that crime is occurring in the community, as evidenced by 76 burglaries in the past couple months. He handed out an information sheet listing the common calls for service, a comparison of the number of sworn officers with other large Montana cities, and the total calls for services over the past three years. The Director of Public Safety-Police stated that there are a number of reasons why the police may not talk openly about the issues in their department. The department works with a lot of confidential criminal justice information; and often there are on-going investigations that would be compromised by the sharing of information, particularly in a public format. Director Tymrak stated that the Police Department is trying to take a proactive role and become more visible in its work. In the past several months, they have taken steps to inform the public of activities 11-07-05 ~ 15 - taking place in the community and to tell the community what they really do. He then stated that calls for service may range from a car blocking a mailbox to a homicide and, as a result, that incident may take only a few minutes or months. To date this calendar year, the department has responded to an average of 3,304 calls per month, which is higher than the number of calls in either of the past two years. Responding to Commissioner Krauss, Director Tymrak stated that in the 1980s and early 1990s, when a rookie cop was hired, that individual may remain the rookie for six years. When the boom started in 1992, an increase in crime was noted and the number of officers began to increase. He noted that at the present time, the hiring process is undertaken several times a year. The most recent hiring process was to fill four positions; three of those were filled within the past couple weeks and one remains open. The filling of vacancies has become a never-ending cycle and, as a result, the department has not operated at full staffing levels for quite some time. Assistant Director of Public Safety-Patrol Marty Kent stated that he went through the recruitment process three times in 2003, four times in 2004, and three times so far in 2005. Commissioner Krauss suggested that, if the department has been chronically understaffed in the past two or three years, he would support hiring additional applicants when they become available. Responding to questions from Commissioner Krauss, Director Tymrak confirmed that in the past two or three years, recruitment and retention of police officers has been difficult, and he has not had a pool from which to draw upon the completion of the recruitment process. He then stressed that, with the training required, a police officer does not become valuable to the department until six months after being hired. Responding to Mayor Cetraro, Director Tymrak stated that a majority of Police Chiefs are hesitant to participate in a statewide consortium, similar to the consortium of eleven cities established to recruit firefighters; rather, they choose to work individually. City Manager Kukulski expressed a willingness to seek approval of a budget amendment to fund additional police officers if a recruiting process generated an adequate number of good candidates to do so. Commissioner Krauss stated that, in this instance, he would fault the department for underhiring more than he would for overhiring. Assistant Director Kent stated that he has received calls nationally when vacancies in the Police Department have been published. He noted, however, that many people are intimidated when there is only one opening, and are unwilling to take the time to apply or bear the expense of traveling for an interview. As a result, the pools for lower numbers of vacancies are much smaller than those where more positions are open. Responding to Commissioner Kirchhoff, Assistant Director Kent stated that the department is currently understaffed; however, he noted that even if twenty more officers were hired, the number of burglaries may not be reduced. He stressed that the number of crimes has increased exponentially with the increase in people, and noted that the burglaries and drugs won't go away. He recognized that law enforcement needs to become more proactive and less reactive. He noted, however, that it is difficult to recruit and retain officers, particularly when the Sheriff's Department pays a starting officer $2.58 per hour more. City Manager Kukulski noted that drug problems, such as methamphetamines, spill over into other crimes, including burglaries and even homicides. He stressed that these issues are significantly different from traffic enforcement, where additional officers can often make a difference. Assistant Director Kent stated that the Police Department is looking at the idea of marketing, helping to educate the public and getting them to work with the department. Responding to Commissioner Hietala, the City Manager acknowledged that additional officers may be needed; however, he stressed that such increases must be made within the resources available. Director of Public Safety-Police Tymrak noted that 155 hours of overtime was paid in October to address the recent rash of burglaries, and some of those have been solved. 11 ~07-05 - 16 - Responding to Commissioner Kirchhoff, Director Tymrak stated the value of graphic communication is immense. He identified various ways in which to improve communications, including events such as college fairs, and noted the Police Department will begin preparing articles to be published in the newspaper. City Manager Kukulski noted some communities do quarterly mailings to every resident and suggested that might be necessary in Bozeman. Responding to City Manager Kukulski, Assistant Director of Public Safety-Support Mark Lachapelle stated that the MSU residential parking district has a 3/4-time employee, who serves as an animal control officer the other 1/4 time. He stated that over the last year, the Parking commission has started to broaden its thinking and scope of responsibility to include the residential areas. He then indicated that one employee works full time on the downtown parking issues; and it is sometimes difficult to recruit and retain employees because of the hostile work environment, weather conditions, and hours worked. Assistant City Manager Brey noted that the MSU residential parking district was requested by approximately 51 percent of the residents and, in its creation, one of the requirements was that it be self- sustaining. He stated that the City tracked the initial costs of the signs, permits, enforcement and administration for five or six years to ensure that it was self-sustaining. When the Bozeman High School residential parking district was created, it was quickly recognized that the revenues would not be sufficient to cover regular enforcement, so it was created with the understanding that it would be enforced on a complaint basis only. Assistant Director LaChapelle stated that the officer for the MSU residential parking district also enforces several two-hour parking areas in the community and assists with animal control. He acknowledged that, since three-fourths of her salary is paid through this district, she does spend a considerable amount of time in it. City Manager Kukulski noted in the short time that the Parking Commission has been charged with overseeing parking enforcement in the entire community, it has taken some great strides, and accurate accounting of the overall revenues and expenses has helped in making decisions. Responding to Commissioner Krauss, Director of Public Safety-Police Tymrak stated the police officers are doing the best they can with the resources available to address the meth problems. He cautioned, however, that many people are using the technology available in today's world. City Manager Kukulski recognized there are areas where education could help the Commissioners and City employees better understand the meth problems and issues, including what it is, how it is made, how it is coming into the community, and who's buying it. Director Tymrak noted there is a major link between crime and meth use, noting it is not cheap. He then reminded the Commission of the recent shooting on the northeast side, which was drug related. He cautioned that meth is in all four corners of Bozeman and is extremely addictive. Assistant Director of Public Safety-Investigations Bill Dove stated the last thing that the police seek out is the press when conducting investigations on drug cases. He noted that the use of methamphetamines is epidemic everywhere. He then indicated that the police typically look for information on those up the drug chain from those they have arrested, and having the arrest made public too early can be counterproductive. At the City Manager's request, the Assistant Director identified some ways to identify a meth user. Those include a drastic loss of weight, open sores, hair thinning, loss of teeth, and black or brown teeth. He noted that these traits may show within eighteen months of the start of using meth. In addition, an individual may be jittery, constantly moving, or grinding teeth. Further, the individual has no money and no resources. Responding to Commissioner Kirchhoff, Assistant Director Dove stated he has seen meth users in the elementary schools. City Manager Kukulski reminded the Commissioners ofthe recent pictures of weapons that juveniles were carrying, and cautioned that the use of meth takes rationality out of the picture. 11-07-05 - 17 - Responding to Commissioner Krauss, Assistant Director McLane stated the police have taken an aggressive, proactive stance on party houses. He stated that when a loud party is reported, they identify who is involved. If underage drinking is involved, citations are issued and arrests made if necessary. The next step is to work with the neighborhood coordinator and code enforcement officer to address other potential violations. When multiple complaints are received about a residence, a written notification is sent to the tenants and landlord; and in a couple of instances, that has led to eviction of the tenants. If the tenant is an MSU student, the information is submitted to the Dean. Also, the information is stored in the computer so if a tenant relocates and another party house established, the individual can be easily tracked and identified. Mayor Cetraro stated he feels education and communication are critical in addressing the drug issue, and thanked the Director and Assistant Directors for this presentation. City Attorney Luwe noted that, included in the Commissioners' packets, is a draft of the safe neighborhood ordinance that will be placed on the November 21 agenda for action. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1 ) Draft "safe neighborhood" ordinance, prohibiting loud or unruly gatherings and establishing penalties for violation of the ordinance. (2) Letter from the Bozeman Soroptimists, dated October 20, requesting that the Commission formally designate the Soroptimist Park as an official park. (3) Copy of a letter from Director of Public Service Debbie Arkell to Highgate Senior Living in response to the request for installation of crosswalks on West Oak Street and Woodland Drive. (4) Copy of a letter from Director of Public Service Debbie Arkell to the Principal of the Longfellow Elementary School announcing the traffic improvements that have been made and the improvements to be made near the school. (5) Copy of a letter from Engineering Assistant Andrew Kerr to residents near the Longfellow Elementary School announcing the traffic/pedestrian safety measures being implemented near the school. (6) Copy of the announcement for the annual leaf and street clean-up, which began on November 2 and is anticipated to take approximately three weeks to complete. (7) Copy of an e-mail from the Northwest Neighborhood Board of Directors to its members reminding them of the Durston Road informational meeting scheduled for November 3 and the public hearing scheduled for November 21. (8) Minutes from the Parking Commission meeting held on September 8. (9) Minutes from the City-County Board of Health meeting held on September 22. (10) Summary for the Bozeman Area Bicycle Advisory Board meeting held on October 4. (11 ) Agendas for the County Commission meetings held on November 1 and 2. (12) Agendas for the County Commission meetings to be held at 9:00 a.m. on Tuesday, November 8, and at 1 :30 p.m. on Wednesday, November 9, at the Courthouse. (13) Agenda for the Gallatin Local Water Quality District Board meeting which was held on November 3. (14) Agendas for the Zoning Commission meeting and City Planning Board meeting which were held on November 1. 11-07-05 _______ __.______m_.__._ - 18 - (15) Agenda for the Development Review Committee meeting which was held on November 2. ( 16) Agenda for the special Planning Board meeting to be held at 7:00 p.m. on Tuesday, November 8, at the Holiday Inn. (17) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Wednesday, November 9, at the Professional Building. (18) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Wednesday, November 9, at the professional Building. (19) City Manager Kukulski stated that the financial reports have been provided to the Commissioners for review and noted that staff is trying to find the appropriate balance in information within that report. (20) City Engineer Rick Hixson showed the Commissioners a map of the existing and proposed special improvement districts for West Babcock Street and Durston Road as well as a potential future district for West Oak Street. He stressed that the special improvement district boundary for a local street encompasses those lots adjacent to the subject street, while the district boundaries for a collector or arterial street include streets tributary to the larger street. He noted that the City has the option of either requiring a developer to complete the road improvements or creating a special improvement district for that purpose. He suggested that, if the developer is required to construct those improvements up front, a portion of the lot price is for that improvement; however, that information is not readily available for anyone's review. He stated that collectors and arterials are located on one-half mile spacing, and districts for those improvements are typically split an equal distance on each side so that every lot is involved in covering the costs of those improvements. He cautioned that, under this process, a parcel may be within the boundaries of both a north/south street and an east/west street. He concluded by stressing that the district boundaries may only include those properties that can be proven to benefit from the improvements. (21 ) Director of Public Service Debbie Arkell requested Commissioner input on a proposal for improvements to Fowler Avenue between West Babcock Street and Durston Road that provides a 24-foot- wide street within the 60-foot right-of-way. She cautioned that, even with this design, a portion of the ditch must be relocated and some of the trees removed. (22) Assistant Planning Director Chris Saunders asked that any Commissioner interested in serving on the selection committee for the impact fee study contact him. (23) Assistant City Manager Ron Brey submitted the following. (1) Reminded the Commissioners of the informational meeting to be held at 7:00 p.m. on Wednesday, November 9, at Longfellow School regarding the proposed traffic signal installation at the intersection of South Willson Avenue and West College Street. (2) Noted that a review of the level of staffing in the Parks Division has revealed that in 1963, there were 41f2 FTEs; in 2005, there are 5 FTEs. (24) Commissioner Youngman reminded the Commissioners of the ribbon cutting ceremony for West Babcock Street, set for 3:30 p.m. on Thursday at the intersection of West Babcock Street and West Main Street. Adiournment -10:45 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, Commissioner Youngman, and Mayor Cetraro; those voting No, none. 11-07-05 - 19 - ~ tt!~--- ATTEST: AND EW L. CETRARO, :: ~L~ City Clerk 11-07-05