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HomeMy WebLinkAbout2005-10-17 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA October 17, 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, October 17,2005, at 5:00 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~Fire Chuck Winn, Planning Director Andy Epple, Staff Attorney Tim Cooper, and City Clerk Robin Sullivan. Sianina of Notice of Special Meetino Each of the Commissioners, in turn, signed the Notice of Special Meeting. Presentation from Montana Public Power Incorporated Mr. Alec Hansen, Executive Director of the Montana League of Cities and Towns, noted that Commissioner Krauss serves on the Board for Montana Public Power, Inc., a non-profit corporation formed to acquire the transmission and distribution systems from NorthWestern Energy. He reminded the Commission that in 2000, six Cities in Montana worked together in an unsuccessful attempt to acquire the transmission and distribution systems from Montana Power Company, which had gone into bankruptcy. The assets were sold to NorthWestern Energy at that time and, shortly thereafter, NorthWestern Energy filed bankruptcy. He noted that between 2000 and 2002, the Montana League of Cities and Towns entered into a five-year contract with NorthWestern Energy to provide electricity to a group of cities and towns. One year into the contract, NorthWestern Energy indicated it could not honor the contract and breached it, later settling out of court. After NorthWestern Energy went bankrupt, five Cities formed MPPI for the express purpose of acquiring the transmission and distribution systems and returning to local ownership and control of the utility system. He stressed that MPPI is committed to affordable, reliable service with rates at or below the levels required by an investor-owned utility. He noted that all existing union contracts and pension agreements are to be honored, and most current employees are to be retained. He acknowledged that it is not possible to return to pre-1997, which is when energy deregulation was approved by the Legislature; however, he feels that a publicly owned utility is a step in the right direction. Mr. Alec Hansen introduced those in attendance for this presentation, including Mr. Bill Mayben, former Chair and Chief Executive Officer of the Nebraska Public Utility District; Mr. Ron Moe, chief economic consultant, from RW Beck in Seattle; and Mr. Roy Koegen, bond counsel from Spokane. Mr. Ron Moe gave a power point presentation on Montana Public Power, Inc., reviewing its history and rationale for the proposed acquisition; the commitment to constituents; and the financing and approval process. He stated that more than half of Montana's electricity and natural gas services are provided by NorthWestern Energy. In addition, NorthWestern Energy serves the eastern one-third of South Dakota and provides natural gas service to four cities in Nebraska. Mr. Moe briefly highlighted the issues that led to the downfall of Montana Power Company, including its struggles to get the Colstrip power plant on line; its efforts to expand into the telecommunications industry through Touch America; the impacts of deregulation; sale of its generation system and subsequent sale of its transmission and distribution systems; and collapse of its telecommunications business and the impacts those events had on retirees, widows, and orphans. He observed that the story got no better with NorthWestern Energy's acquisition, with its non-payment of property taxes; broken supply contract with cities and schools; cancellation of pension funds; and the lack of capital investment and the resulting reliability problems and outages. Further, he noted that the company entered into unregulated activities that carried with them high risks, in an effort to satisfy stockholders in a slow growing service territory. 10-17 -05 - 2 - Mr. Moe noted that the Cities of Helena, Missoula, Bozeman, Butte, and Great Falls have formed Montana Public Power, Inc., and, on June 30,2005, the Board approved an offer to purchase NorthWestern Energy stock at $32.50 per share, while the stock was trading at $27 to $27.50 per share. The offer includes assumption of all outstanding debt and obligations. Citigroup has committed to providing upfront funding for the entire purchase of stock, as a bridge loan to be repaid through the issuance of revenue bonds. The acquisition would include all assets of the company, with MPPI serving as the acquiring agency. The assets and liabilities of the South Dakota and Nebraska services would be split off as quickly as possible and sold to South Dakota Public Power. Mr. Moe stated that conditions of acquisition include the completion of due diligence, negotiation of the purchase and sale agreement, and regulatory approvals. Responding to Commissioner Hietala, Mr. Moe indicated due diligence would include obtaining a breakdown of the information in the aggregate data, including splits between residential, commercial, and industrial usages and a review of liabilities. Responding to Commissioner Youngman, Mr. Alec Hansen stated that articles in the Missoula Missoulian have questioned the issue of governance. He stated that bills establishing the governance of a public power authority have been introduced in previous legislative sessions; however, Montana Power Company had little patience for such laws and, as a result, all bills have been killed. Because those bills were killed, Montana has no governance structure for a public utility, so all of those issues must be resolved as this process moves forward. Mr. Bill Mayben stated that a group of representatives of MPPI are currently gathering information on various governance models for public power authorities throughout the country, seeking a model that seems to make sense for Montana. Responding to Commissioner Kirchhoff, Mr. Mayben stated that having the governance structure in place now is not as important as having an acquisition plan and an operating plan and then following those plans. Mr. Alec Hansen noted that public power agencies, including rural electric cooperatives, serve nearly 100 million customers in the United States, and those agencies work well. He then stressed that developing a governance structure that works for a public power authority in Montana will take time. He then stated that State statute has no restrictions on the operation of a public power authority; however, the statutes also don't include any guidance under which to operate. Commissioner Krauss noted that the MPPI has been "blazing the trail" and is now into the "wilderness of laws and procedures". He then stressed that this is a step-by-step process and noted that the group has the support of the Attorney General's office so far. Mr. Ron Moe continued his presentation, turning his attention to the commitment to constituents. He stated that rates are to remain the same as or less than they would be under NorthWestern Energy's ownership, noting that after eight to twelve years, it is anticipated the rates will be lower because the utility is being operated by a non-profit company. He then indicated that reliability is expected to improve and industry standard practices implemented. These improvements are anticipated to include pole and transformer replacements, and installation of computer hardware and software systems that most utility companies instituted years ago. Mr. Bill Mayben stressed the importance of paying attention to tree trimming in the rights-of-way where electric lines are located. He noted that the reports for NorthWestern Energy reveal a reduction in the work forces in operations and maintenance of the distribution systems. Mr. Ron Moe then addressed the commitment to employees, stating that substantially all of NorthWestern's existing workforce is to be retained, with the possible exception of those in top management positions. He noted that Mr. Mayben will meet with those individuals to see if they buy into the philosophies and strategies of the public power authority and then determine if they are to remain with the new organization. He stressed that virtually all line workers and meter readers will be retained and existing obligations, including employee contracts and retirements, will be honored. Mr. Bill Mayben stressed the least amount of ripple in employee ranks as a result of the takeover is critical, and stated he will make that clear to everyone in the company as this process moves forward. 10-17 -05 - 3 ~ Mr. Moe stated that MPPI is also committed to the communities in Montana, noting that corporate headquarters will be returned to Butte and MPPI will pay property taxes and special assessments at current levels to ensure that cities, counties, and school districts are not negatively impacted. He noted that MPPI will remain under regulation by the Public Service Commission; and public interest programs such as low- income assistance, conservation, and renewable energy programs will remain in place. Mr. Alec Hansen noted that, while five cities have stepped forward to form MPPI, the organization has the support of another 21 cities. In response to questions from Commissioner Hietala regarding alternative energy, Commissioner Krauss stressed that MPPI is not purchasing any generation facilities at this time. Mr. Moe noted that NorthWestern Energy purchases all of its power under contracts with PPL Montana and a number of qualifying generators and through short-term purchase from the wholesale market. He noted that MPPI will inherit that portfolio and will not make any immediate changes. Over the next three to seven years, however, action will be taken to become eligible for Bonneville power, which is cheaper than other power sources. Also, MPPI may possibly look at building its own power plant, which would be tax exempt, and possibly renewable sources such as wind generation. Mr. Ron Moe turned his attention to the financing and approval process. He stated the Attorney General has determined that MPPI has the legal authority to proceed with acquiring and operating the electric and natural gas utility. Montana Public Power, Inc., has proposed to buy NorthWestern Energy's stock and to sell the South Dakota and Nebraska portions to a parallel company, continuing to own and operate the Montana portion. He stated that Citigroup has indicated a willingness to fully underwrite the costs of buying the stock and, once the sale is completed, bonds will be issued to repay some of the existing debt and pay back Citigroup. He stated that, on day one, MPPI will have 100 percent debt and no equity in the deal, stressing that is typical for a public power entity. He then stated that, after analyzing the performance and financial data for the past nine or ten years, it appears MPPI can maintain existing rates and repay its debt as well as set aside some monies "for a rainy day". He noted that some of the existing debt is at fairly high interest rates and some has a large payment due at maturity; and MPPI proposes to restructure that debt as soon as possible. He then indicated that, with the split of NorthWestern Energy assets and debts between Montana Public Power, Inc., and South Dakota Public Power, it is anticipated the two companies will march in parallel until all functions can be integrated into a single operation and then appropriately split. He stressed that, while functioning as a single agency, the Montana activities and the South Dakota activities will support themselves. He indicated that since Montana represents approximately 80 percent of the company, $1.6 billion of the debt will be in the Montana company and $.4 billion in the South Dakota company. Mr. Moe indicated the approval process should be fairly straight forward, stated that meetings with the Public Service Commission have resulted in no major issues to be addressed. He also noted that conversations with shareholders comprising over 50 percent of the existing company have been encouraging and, as a result, he believes that at some point, a deal will be announced. Responding to questions from Commissioner Hietala, Mr. Moe stated that since Montana Public Power, Inc., will be issuing the revenue bonds, those cities involved will not bear any risk. Mr. Joe Gutkoski, 304 North 18th Avenue, stated he feels MPPI acquisition of NorthWestern Energy would be good, noting he tends to trust civil servants more than private business. He also noted the City of Bozeman has experience in running utility systems, citing the water and wastewater systems as examples. He feels a publicly owned utility will not charge what the market will bear, but will provide stability and reliable service for its customers at a reasonable rate. Commissioner Kirchhoff noted that the City Commission had voted unanimously to join Montana Public Power, Inc.; and nothing has occurred since them to make him change his mind. He then voiced appreciation for the information provided in this presentation. Mr. Alec Hansen stated these presentations are being made throughout Montana to share information with both the governing bodies and the public. He then indicated that, at some time in the near future, MPPI will be approaching the City to request a contingent contribution to the due diligence fund, if it receives approval to go ahead with the transaction. He then stressed that, if the acquisition is successfully completed, those cities that have contributed monies to the process will be fully reimbursed. 10-17-05 - 4 - The Commissioners thanked the representatives from Montana Public Power, Inc., for their presentation. Break - 6:25 to 7:00 p.m. Mayor Cetraro declared a break from 6:25 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. Commissioner Youngman requested that Commission Resolution No. 3865 be removed from the consent items for discussion. Minutes - March 21. June 6, July 5. July 11. July 18. Auaust 1, Auaust 15, September 6. September 12, September 19. September 26. October 3 and October 10. 2005 It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the minutes of the meetings of September 19 and September 26,2005, 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 March 21, June 6, July 5, July 11, July 18, August 1, August 15, September 6, September 12, October 3 and October 10,2005, to a later date. Commission Resolution No. 3865 - amendina proarams under which landfill tippina fees are waived. effective October 30. 2005 Included in the Commissioners' packets was a copy of Commission Resolution No. 3865, entitled: COMMISSION RESOLUTION NO. 3865 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, IDENTIFYING SPECIAL USERS OF THE CITY OF BOZEMAN LANDFILL AND ESTABLISHING SPECIFIC WAIVERS OF CITY OF BOZEMAN LANDFILL TIPPING FEES, EFFECTIVE OCTOBER 30, 2005. Commissioner Youngman expressed concerns about the proposal to require that non-profit organizations who have had landfill fees waived for many years begin to pay for those services without adequate time to prepare for those additional costs. Mr. Don Derby distributed copies of a letter requesting that City employees be allowed to continue dumping at no cost. He noted that past City practice has allowed employees to dump household garbage and construction debris at the City Shop complex or the landfill at no cost and asked that the practice be formalized until the landfill is closed. Mr. Cort Felts, Manager of Sack's, stated he understands the resolution and the need for it; however, he asked that Sack's be granted a one-year exemption from being required to haul to the Logan landfill and a one-year waiver of tipping fees at the City's landfill. He noted that Sack's has been in existence since 1986 and has taken steps to reduce the tonnage hauled to the landfill. He stressed that a non-profit organization must plan for changes in operating costs, and the immediacy of this proposed change will have a dramatic effect on their operations. He stated that he will be attending the Logan landfill board meeting on Wednesday morning; however, that landfill has historically not waived or reduced fees, so he does not anticipate a positive response. He concluded by stating that, while Sack's may be able to live with the extra costs incurred under this resolution, the result would not be a benefit to the community as a whole. 10-17-05 - 5 - Ms. Wendy Visscher, Director of the Help Center, stated that Sack's provides much of the funding for the Help Center, which provides a 24-hour crisis counseling center, a sexual assault center and a telecare program. She noted that last year's statistics revealed 18,343 center contacts, including those with anxiety or suicidal tendencies, those from the mentally ill population who use the center as a support system, those who have been impacted by sexual assault and those in the telecare program who call back to the center. She noted that $100,000 of the $177,550 annual budget for the Help Center comes from the two Sack's stores, plus the stores provide an additional $59,645 in operations and other support. She concluded by stating that all of the services from the Help Center are free, and without Sack's providing the current level of support, that may no longer be possible. Ms. Vonda Laird, Treasurer for the Help Center, stated that serving on this board has been one of her most satisfying experiences. She stressed that the center fills a need in the community with programs that are very up to date and on the cutting edge. She noted this is evidenced by the assistance that members of its staff have provide to victims of Hurricane Katrina, including taking most of the calls from those threatening suicide. She stated that, because of Sack's, the Help Center has been able to remain self-sufficient. She asked that the Commission delay implementation of the proposed fees for one year to give Sack's an opportunity to purchase a new truck to make the trip to the Logan landfill and prepare for the increased costs of disposal. Director of Public Service Debbie Arkell stated that she distributed copies of a telephone message from Captain Carr of the Salvation Army, asking that the agency be allowed to haul more than 100 tons to the landfill at no cost. She acknowledged that both Sack's and the Salvation Army are subject to illegal dumping at night, which essentially results in the need to dispose of other people's garbage. Responding to Commissioner Kirchhoff, Director of Public Service Arkell stated the City does keep track of everything hauled to the landfill, since that is a DEQ requirement. Commissioner Youngman urged that the resolution be revised to include a one-year waiver for non- profit organizations. She expressed appreciation for staffs effort to extend the life of the landfill while providing some measure of relief to non-profit organizations, but she also recognizes it takes an extended period of time for those organizations to respond to a change like this. In this instance, she feels it is important to recognize the hardships that would result for those who are low income or are in crisis. Commissioner Kirchhoff voiced support for amending the resolution to allow for Sack's, Salvation Army and the Gallatin Food Bank to continue to dump at the City's landfill at no cost. Responding to Mayor Cetraro, Director of Public Service Arkell stated that the Commission had not yet made any determination about whether these agencies would be allowed to continue dumping at the transfer station at no cost, although she had personally anticipated that the program would continue. Commissioner Youngman expressed her support for continuing to allow City employees to dump at no cost, recognizing it as a small but helpful benefit. Commissioner Kirchhoff voiced his concurrence, and suggested that Section 2 be revised to start the sentence "With the exception of City employees... " Commissioner Krauss cautioned that any costs waived through this resolution must be covered through increased costs to others. Commissioner Youngman responded that these waivers have been a longstanding policy that was in place when the new tipping fees were implemented, so that issue has already been factored into the rate schedule. City Manager Kukulski stated the tipping fees are based on historic tipping amounts, with projections based on no change in tonnage from these entities requesting the continued waiver. He then noted the focus of limiting the customer base allowed to dump at the landfill was to extend the life of the landfill for the convenience of residents within city limits, particularly since projections suggested the landfill would be full two years ago. He stated that allowing more tonnage to be dumped at the landfill through revising the resolution to mitigate impacts on those currently with waived fees will result in causing everyone to go to the Logan landfill sooner. 1 0-17 ~05 --------- --- ----.----------------- - - 6 - Commissioner Krauss expressed concern that a value has never been assigned to the waivers that allow free dumping, and he feels it would be good to know the cost of the asset that is currently being given away. City Manager Kukulski acknowledged that he was surprised to learn over 418 tons were dumped by City employees, with 120 tons of that being construction materials. He stated the 56 tons of compost are not an issue, especially since that is a benefit to the landfill and the community, and the program is to continue. He suggested that, if the Commission chooses to allow City employees to continue dumping at no cost, a limit be established. Commissioner Youngman indicated support for setting limits at the current levels of use. Responding to questions from the Commission, Director of Public Service Arkell stated that, as of yesterday, the landfill is no longer accepting construction debris. Sanitation Superintendent Mark Kottwitz stated that, for the first seventeen days of this month, City employees have dumped 19 tons of garbage, 14 tons of which were household wastes. He stated that a review of the tonnages dumped by City employees last year revealed an average of 2,000 pounds per employee, and a lot of that was construction material. He suggested that a 1,000-pound limit per employee would be adequate, noting that an account could be set up for each employee; and when the limit is reached, the employee would pay like any other customer. Commissioner Krauss stated he feels that to establish an account for each City employee would result in too much administration. He then stressed that this is simply a temporary measure until the landfill closes, and it will be open only half days. Mayor Cetraro stated his support for the Commission's previous determination to limit use of the landfill for the convenience of City citizens. As a result, he does not support opening the amount of free dumping allowed beyond what has been proposed in the resolution and, thus, shortening the life of the landfill. Commissioner Krauss noted there are 460 non-profits in the area and, if these requests are approved, there should be rationale on why these three are allowed to dump for free but no other non-profit organizations are eligible to do so. He then stated it is important to not indicate in the resolution that the free status will be for a specific period of time; rather, it should stipulate that the free status will terminate upon closing of the City's landfill. Commissioner Youngman stated her support for Commissioner Kirchhoffs proposal to revise Section 2, stating she feels it is appropriate to allow City employees to continue dumping at no cost but does not feel it makes sense to consider allowing additional organizations to begin dumping for free when the landfill is on the verge of closing. Commissioner Krauss stated he has not problem allowing charities to dump at no cost; however, he noted City employees are not charity, and that becomes a compensation issue. Commissioner Hietala expressed his concern that this conversation is a classic example of micro- management and suggested the Commission adopt the resolution and let administration implement it. Commissioner Kirchhoff acknowledged the comment, stating that he supports a resolution that maintains the status quo for the listed non-profit agencies and City employees. Commissioner Youngman expressed her concurrence with Commissioner Kirchhoffs comments. It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that Commission Resolution No. 3865, amending programs under which landfill tipping fees are waived, effective October 30, 2005, be adopted as revised to include the phrase "until the landfill closes" in Section 1 and to delete Section 2. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, and Commissioner Krauss; those voting No being Mayor Cetraro. 10-17-05 - 7 - Consent Items City Manager Kukulski presented to the Commission the following Consent Items. Commission Resolution No. 3866 - establishina a policy for aranting of funds from the City of Bozeman to a reauestina entity COMMISSION RESOLUTION NO. 3866 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING A POLICY FOR GRANTING OF FUNDS FROM THE CITY OF BOZEMAN TO A REQUESTING ENTITY. Ordinance No. 1652 - amendina provision for exercisina eminent domain powers within city limits: provisionally adopt and brina in three weeks for final adoption 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. Authorize City Manaaer to sian Annexation Aareement for Cattail Creek Subdivision. Phase III - 36.00 acres Iyina west of North 27th Avenue. and east of Davis lane alono the south side of Hulbert Road extended Commission Resolution No. 3867 - annexina 36.00 acres Iyina west of North 27th Ayenue and east of Davis Lane alona the south side of Hulbert Road extended - Cattail Creek Subdivision. Phase III COMMISSION RESOLUTION NO. 3867 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE ANNEXATION OF A CERTAIN CONTIGUOUS TRACT OF LAND, HEREINAFTER DESCRIBED, TO THE CORPORATE LIMITS OF THE CITY OF BOZEMAN AND THE EXTENSION OF THE BOUNDARIES OF THE CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT. 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 Iyina alona North 27th Avenue and east of Davis Lane alono the south side of Hulbert Road extended: provisionally adopt and brina back in three weeks for final adoption 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, T1S, R5E, PMM, CITY OF BOZEMAN, GAllATIN COUNTY, MONTANA. 10-17-05 -------- - 8 - Approval of final plat for Cattail Creek Subdivision. Phase III - subdivide approximately 51 acres Iyina alona east side of Davis Lane and south side of Catamount Street into 66 residential lots Approval of final plat for Country Inn and Suites Minor Subdivision - subdivide 7.661 acres Iyina east of Vallev Center Road adiacent to North 19th Avenue 1-90 off ramp into two lots Commission Resolution No. 3868 - authorize City Manaaer to sian Change Order No. 1 for 2003 WWTP Modifications - Williams Plumbina and Heatina. Bozeman. Montana - add $46.322.00 and 27 calendar days COMMISSION RESOLUTION NO. 3868 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING ALTERATION/MODIFICATION OF CONTRACT WITH WilLIAMS PLUMBING AND HEATING, INC., BOZEMAN, MONTANA. Commission Resolution No. 3869 - intent to vacate portions of East Harrison Street and Hiahland Avenue Iyina within Sunset Hills Cemetery: set public hearina for November 7. 2005 COMMISSION RESOLUTION NO. 3869 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA. DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO DISCONTINUE, ABANDON AND VACATE THAT PORTION OF THE RIGHT-OF-WAY FOR EAST HARRISON STREET LYING BETWEEN OLD HIGHLAND BOULEVARD AND SOUTH IDA AVENUE AND THAT PORTION OF THE RIGHT-OF-WAY FOR HIGHLAND AVENUE EXTENDING NORTHWARD FROM EAST HARRISON STREET WITHIN THE SUNSET HillS CEMETERY, IN THE CITY OF BOZEMAN, MONTANA. Commission Resolution No. 3871 - intent to create Special Improvement Liahting District No. 685 (Baxter Meadows Subdivision PUD. Phases 2A. 2B. 2C and 2D): set public hearina for November 7.2005 COMMISSION RESOLUTION NO. 3871 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA. RELATING TO SPECIAL IMPROVEMENT LIGHTING DISTRICT NO. 685 (BAXTER MEADOWS SUBDIVISION PUD, PHASES 2A.2B, 2C AND 2D) DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE DISTRICT FOR THE PURPOSE OF INSTALLING AND MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR INSTAllATION, OWNERSHIP, MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE LEVY OF SPECIAL ASSESSMENT. Reauest for extension of approval of annexation of Tract 1. COS No. 1895, located at the southeast corner of the intersection of StOry Mill Road and Bridaer Drive to November 15. 2005 (A-04012) Approval of reauest for sewer service outside city limits - Harrv and Ora McNeal. 27655 Frontaae Road, subject to five conditions in memo dated October 17 Reauest for modification of conditions for loan from CDBG Economic Development Revolvina Loan Fund for Rocky Mountain Furniture. LLC. to allow for chanae in personal auarantors Approval of reauest for $3,000 in fundina for Pet Care/Spay/Neuter III events - Gallatin Valley Spay/Neuter Task Force 1 0-1 7 -05 - 9 - Authorize City Manaaer to sian - Interlocal Aareement for Solid Waste Disposal between the Gallatin Solid Waste Manaaement District Board and the City of Bozeman for use of the loaan landfill Ratify City Manaaer's sianature on (1) Sewer and Water Pipeline and Access Easement and Aareement. 30-foot-wide easement extendina southward from Baxter Lane: (2) Drainaae Pond easement: (3) Public Street Easement - 50- foot-wide easement for Baxter lane. 45-foot-wide easement for North 27th Avenue, 30.foot-wide easement for Tschache Lane: and 60-foot easement fo West Wind Subdivision: (4) Storm Drainaoe Pipeline Easement - all on Tract 1, COS No. 1256 - Fairview Investments, LLC Authorize Mayor to sian - Project Specific Aareement for Colleae/Huffine Path (STPE 1299[221) Authorize Mayor to sian - budQetarv commitment of arant funds from Montana HOME Investment Partnership to Accessible Space. Inc.. for partial fundina of barrier- free rental housina proiect for disabled persons Authorize Cit Mana er to si n - Notice of Award for Reach work center Tech Construction Bozeman Montana in the bid amount of (Project No. MT-CDBG-05PF-01) Authorize Mayor to sian - budaetary commitment of arant funds from CDBG to reach. Inc.. for partial fundino of work center Authorize City Manaaer to sian - Acceptance of Public Street and Utility Easement from Beran,llC - compensate for adjustment in road alianment for North 14th Avenue (alona north side of West Oak Street) Approval of master park plan for West Glen Subdivision Buildina Inspection Division report for September 2005 Claims It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, 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 Kirchhoff, Commissioner Hietala, Commissioner Krauss, Commissioner Youngman, and Mayor Cetraro; those voting No, none. Public comment Mr. Rob French spoke on behalf of his family's property along the eastern side of the proposed Fowler Avenue extension, expressing concern about the possibility of requiring a wider right-of-way to accommodate both the street and a desired greenway. He finds the greenway a great idea; however, he cautioned that requiring a wider right-of-way will have a dramatic negative effect on possible future development of his family's property, which is a long, narrow strip. He does not feel a five-lane road is needed in this area and asked that the City identify a street design that will provide adequate traffic circulation and a greenway without requiring additional right-of-way. Commission Resolution No. 3848 - levvina and assessina liahtina district assessments for Fiscal Year 2005 This was the time and place set for the public hearing on Commission Resolution No. 3848, entitled: 1 0-1 7 -05 - 10- COMMISSION RESOLUTION NO. 3848 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, lEVYING AND ASSESSING MAINTENANCE AND ELECTRICAL CURRENT COSTS FOR SPECIAL IMPROVEMENT LIGHTING MAINTENANCE DISTRICTS OF THE CITY OF BOZEMAN. Public hearing Mayor Cetraro opened the public hearing. Director of Finance Anna Rosenberry stated that hearings on a series of annual assessment resolutions are included on this agenda. This resolution assesses the costs of the lighting districts for Fiscal Year 2005. No public comment was received on these proposed assessments. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that Commission Resolution No. 3848, levying and assessing lighting district assessments for Fiscal Year 2005, be finally adopted. 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. Commission Resolution No. 3849 - levyina and assessina delinauent aarbaae assessments for Fiscal Year 2005 This was the time and place set for the public hearing on Commission Resolution No. 3849, entitled: COMMISSION RESOLUTION NO. 3849 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONT ANA, TO DEFRA YTHE COST AND EXPENSE OF COLLECTING, REMOVING, AND DISPOSING OF SOLID WASTE. Public hearing Mayor Cetraro opened the public hearing. Director of Finance Anna Rosenberry stated that this resolution provides for assessment of delinquent garbage collection service charges in the total amount of $1,029.98. for delinquent charges, active delinquent accounts, and special collections. No public comment was received on these proposed assessments. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that Commission Resolution No. 3849, levying and assessing delinquent garbage assessments for Fiscal Year 2005, be finally adopted. 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. 10-17 -05 - 11 - Commission Resolution No. 3850 -Iewina and assessino delinauent sewer charaes for Fiscal Year 2005 This was the time and place set for the public hearing on Commission Resolution No. 3850, entitled: COMMISSION RESOLUTION NO. 3850 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONAllY EXEMPTED, TO COLLECT DELINQUENT SEWER CHARGES PLUS COSTS AND EXPENSES INCURRED BY THE CITY OF BOZEMAN, AS PROVIDED FOR IN SECTION 7 -13-4309, MONTANA CODE ANNOTATED. Public hearing Mayor Cetraro opened the public hearing. Director of Finance Anna Rosenberry stated that under this resolution, delinquent sewer charges totaling $723.55 are to be assessed the subject properties. No public comment was received on these proposed assessments. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that Commission Resolution No. 3850, levying and assessing delinquent sewer charges for Fiscal Year 2005, be finally adopted. 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. Commission Resolution No. 3851 - lewino and assessina delinauent snow removal charaes for Fiscal Year 2005 This was the time and place set for the public hearing on Commission Resolution No. 3851, entitled: COMMISSION RESOLUTION NO. 3851 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, lEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONAllY EXEMPTED, TO DEFRAY THE COST AND EXPENSE FOR REMOVAL OF SNOW AND ICE FROM SIDEWALKS IN THE CITY OF BOZEMAN UNDER THE PROVISIONS OF CHAPTER 12.24 OF THE CITY OF BOZEMAN MUNICIPAL CODE. Public hearing Mayor Cetraro opened the public hearing. Director of Finance Anna Rosenberry stated that this resolution provides for assessment of $344.00 in delinquent snow removal charges for the past fiscal year. No public comment was received on these proposed assessments. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. 1 0-1 7 -05 - 12 - Decision It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that Commission Resolution No. 3851, levying and assessing delinquent snow removal charges for Fiscal Year 2005, be finally adopted. 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. Commission Resolution No. 3853 - levvino and assessino Special Improvement District No. 674 (street. water and sewer improvements in Bridaer Center Subdivision) This was the time and place set for the public hearing on Commission Resolution No. 3853, entitled: COMMISSION RESOLUTION NO. 3853 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON All BENEFITED PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 674 IN THE CITY OF BOZEMAN,COUNTYOF GAllATIN, STATE OF MONTANA,TO DEFRAYTHE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 674. Public hearing Mayor Cetraro opened the public hearing. Director of Finance Anna Rosenberry stated that this resolution levies assessments against the properties in SID No. 674, to cover the costs of street, water and sewer improvements in the Bridger Center Subdivision. She noted those improvements have been completed, and these assessments will cover the costs funded through indebtedness. No public comment was received on these proposed assessments. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that Commission Resolution No. 3853, levying and assessing Special Improvement District No. 674, be finally adopted. 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. Commission Resolution No. 3854 - levvino and assessino Special Improvement District No. 675 (street improvements on North 19th Avenue) This was the time and place set for the public hearing on Commission Resolution No. 3854, entitled: COMMISSION RESOLUTION NO. 3854 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, lEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL BENEFITTED PROPERTY IN SPECIALlMPROVEMENT DISTRICT NO. 6751N THE CITY OF BOZEMAN,COUNTYOF GAllATIN,STATEOF MONTANA,TO DEFRAYTHE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 675. 1 0-17 -05 - 13 - Public hearing Mayor Cetraro opened the public hearing. Director of Finance Anna Rosenberry stated that this resolution levies assessments against the properties in SID No. 675, to cover the costs of street improvements on North 19th Avenue. She noted those improvements are nearing completion, and these assessments will cover the costs funded through the issuance of bonds. No public comment was received on these proposed assessments. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that Commission Resolution No. 3854, levying and assessing Special Improvement District No. 675, be finally adopted. 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. Commission Resolution No. 3855 - lewin9 and assessina Special Improvement District No. 676 (street improvements on Valley Center Road) This was the time and place set for the public hearing on Commission Resolution No. 3855, entitled: COMMISSION RESOLUTION NO. 3855 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, lEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL BENEFITTED PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 6761N THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 676. Public hearing Mayor Cetraro opened the public hearing. Director of Finance Anna Rosenberry stated that this resolution levies assessments against the properties in SID No. 676, to cover the costs of street improvements on Valley Center Road. She noted those improvements are nearing completion, and these assessments will cover the costs funded through the issuance of bonds. No public comment was received on these proposed assessments.. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that Commission Resolution No. 3855, levying and assessing Special Improvement District No. 676, be finally adopted. 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. 10-17-05 - 14 - Commission Resolution No. 3856 - lewina and assessing Special Improvement District No. 677 (traffic sianal improvements at intersection of North 19th Avenue and Valley Center Road) This was the time and place set for the public hearing on Commission Resolution No. 3856, entitled: COMMISSION RESOLUTION NO. 3856 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL BENEFITTED PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 6771N THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 677. Public hearing Mayor Cetraro opened the public hearing. Director of Finance Anna Rosenberry stated that this resolution levies assessments against the properties in SID No. 677, to cover the costs of street signalization improvements on the intersection of North 19th Avenue and Valley Center Road. She noted those improvements are nearing completion, and these assessments will cover the costs funded through the issuance of bonds. No public comment was received on these proposed assessments. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that Commission Resolution No. 3856, levying and assessing Special Improvement District No. 677, be finally adopted. 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. Commission Resolution No. 3857 - lewina and assessina Special Improvement District No. 678 (traffic sianalization at intersection of North 19th Avenue and Cattail Street) This was the time and place set for the public hearing on Commission Resolution No. 3857, entitled: COMMISSION RESOLUTION NO. 3857 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL BENEFITTED PROPERTYIN SPECIALlMPROVEMENT DISTRICT NO. 6781N THE CITY OF BOZEMAN,COUNTYOF GALLATIN,STATEOF MONTANA,TO DEFRAYTHE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 678. Public hearing Mayor Cetraro opened the public hearing. Director of Finance Anna Rosenberry stated this resolution levies assessments against the properties in SID No. 677, to cover the costs of street signalization improvements on the intersection of North 19th Avenue and Cattail Street. She noted those improvements are nearing completion, and these assessments will cover the costs funded through the issuance of bonds. No pUblic comment was received on these proposed assessments. 10-17-05 - 15 - Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that Commission Resolution No. 3857, levying and assessing Special Improvement District No. 678, be finally adopted. 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. Commission Resolution No. 3858 - levvina and assessina Special Improvement District No. 683 (street improvements on West Babcock Street) This was the time and place set for the public hearing on Commission Resolution No. 3858, entitled: COMMISSION RESOLUTION NO. 3858 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL BENEFITTED PROPERTYIN SPECIAlIMPROVEMENT DISTRICT NO. 6831N THE CITY OF BOZEMAN,COUNTYOF GALLATIN,STATEOF MONTANA,TO DEFRAYTHE COST OF CONSTRUCTING AND MAKING THE IMPROVEMENTS WITHIN SAID SPECIAL IMPROVEMENT DISTRICT NO. 683. Public hearing Mayor Cetraro opened the public hearing. Director of Finance Anna Rosenberry stated that this resolution levies assessments against the properties in SID No. 683, to cover the costs of street improvements on West Babcock Street between West Main Street and Yellowstone Avenue. She noted those improvements are nearing completion, and these assessments will cover the costs funded through the issuance of bonds. No public comment was received on these proposed assessments. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that Commission Resolution No. 3858, levying and assessing Special Improvement District No. 683, be finally adopted. 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. Annexation of :1:12 acres described as COS No. 885 - C&H Enaineerina and Surveyina, Inc., for Roberta Moche (Iyina southwest of Boylan Road. north of Commercial Drive, and east of the East Gallatin Recreation Area (A-05010) This was the time and place set for the public hearing on the request for annexation of :t12 acres described as Certificate of Survey No. 885, as requested by C&H Engineering and Surveying, Inc., for Roberta Moche under Application No. A-05010. The subject parcel lies southwest of Boylan Road, north of Commercial Drive and east of the East Gallatin Recreation Area. Public hearing Mayor Cetraro opened the public hearing. 10-17-05 ------------------- - 16 - Included in the Commissioners' packets was a memo from Senior Planner Dave Skelton forwarding an e-mail message from Roberta Moche, applicant, withdrawing this application. It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the Commission acknowledge receipt of this letter of withdrawal. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala, Commissioner Kirchhoff, Commissioner Krauss, and Mayor Cetraro; those voting No, none. Zone MapAmendment-establish initial municipal zonina desianation of"M-1".liaht Manufacturina. on :1:12 acres described as COS No. 885 - C&H Enaineerina and Surveyina. Inc.. for Roberta Moche (Iyina southwest of Boylan Road. north of Commercial Drive, and east of the East Gallatin Recreation Area (Z-05200) This was the time and place set for the public hearing on the Zone Map Amendment requested by C&H Engineering and Surveying, Inc., for Roberta Moche under Application No. Z-05200, to establish an initial municipal zoning designation of IM-1", Light Manufacturing, on :t12 acres described as Certificate of Survey No. 885. The subject parcel lies southwest of Boylan Road, north of Commercial Drive and east of the East Gallatin Recreation Area. Public hearing Mayor Cetraro opened the public hearing. Included in the Commissioners' packets was a memo from Senior Planner Dave Skelton forwarding an e-mail message from Roberta Moche, applicant, withdrawing this application. Responding to Commissioner Krauss, Planning Director Epple stated the applicant has indicated here intent to come back with an application for a residential zoning designation. It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the Commission acknowledge receipt of this letter of withdrawal. 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. Certificate of Appropriateness to allow construction of sinale-household unit with detached two-car oaraae, with deviations from Section 18.16.050. to allow proposed house to encroach into reauired 25-foot front yard setback. and from Section 18.42.100. to allow both proposed structures to encroach into reauired 75-foot setback from Bozeman Creek - Fred R. Norman for 321 North Rouse Avenue (Z-05205) This was the time and place set for the public hearing on the Certificate of Appropriateness requested by Fred Norman under Application No. Z-05205, to allow construction of a single-household unit with detached two-car garage on Lot 15, Tract 1, Beall's First Addition, with deviations from Section 18.16.050 of the Bozeman Municipal Code, to allow the proposed house to encroach into the required 25- foot front yard setback, and from Section 18.42.100, to allow both the proposed structures to encroach into the required 75-foot setback from Bozeman Creek. The subject property is located at 321 North Rouse Avenue. Public hearing Mayor Cetraro opened the public hearing. Historic Preservation Planner Allyson Bristor presented the staff report. She stated the applicant proposes to demolish the existing house, which is of circa 1891 construction and very deteriorated, and construct a new house and garage on the site. The subject property lies along the west side of North Rouse Avenue, between the street and Bozeman Creek. Two deviations are being sought in conjunction with this application, to allow the new house to encroach five feet into the 25-foot front yard setback and to allow the new construction to encroach into the 75-foot setback from Bozeman Creek but not into the 35-foot minimum watercourse setback established for properties developed prior to July 10, 2002. 10-17-05 - 17 - Historic Preservation Planner Bristor 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 thirteen conditions. She highlighted those conditions, noting one of them is to reduce the width of the garage by three feet, to make that structure more inferior to the house. Mr. Fred Norman, applicant, stated he does not want to decrease the width of the garage by three feet. He noted that most of the houses in that area were built in the late 1800s, when most families had one car. He stated that his family, like most, has two vehicles; and he needs a place to store items like his saws and sawhorses. He acknowledged that one of the issues that seemed to concern Planning staff was his proposal for one 9-foot door and one 12-foot door and stated his willingness to install two 9-foot-wide doors instead. Mr. Norman then stated that staff has recommended a condition requiring the addition of windows on the north and south elevations of the house. He noted the north elevation looks at the garage and the south elevation looks at the neighbor's house. Also, he stated that the traffic on North Rouse Avenue is noisy, and reducing the number of windows will help to reduce the noise level in the house. Responding to Commissioner Youngman, the Historic Preservation Planner confirmed that the difference in the width of garage doors caught her attention; however, her recommendation to reduce the width of the garage by three feet was based on the issue of massing and making the garage more subordinate to the main structure. No one was present to speak in opposition to the requested deviations. Since there were no objections, Mayor Cetraro closed the public hearing. Decision Commissioner Kirchhoff stated that he feels staff has done an excellent job in evaluating this application; however, he recognizes the applicant's need for additional storage space. He also indicated that he does not believe additional windows are needed on the south side of the house. Mayor Cetraro voiced his concurrence with Commissioner Kirchhoff's comments. Commissioner Krauss voiced his preference for two 9-foot-wide garage doors. Responding to Commissioner Youngman, Historic Preservation Planner Bristor acknowledged that new construction will be larger than older construction. She then urged the Commission to amend the conditions to require the applicant to install two 9-foot garage doors if the size of the garage is to be retained. She indicated that, based on discussions with the applicant, staff is willing to be more flexible on requiring additional windows on the north side and suggested that, in lieu of additional windows on the south side, the Commission require additional fenestration details. It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the Certificate of Appropriateness requested by Fred Norman under Application No. Z-05205, to allow construction of a single-household unit with detached two-car garage on Lot 15, Tract 1 , Beall's First Addition, with deviations from Section 18.16.050 of the Bozeman Municipal Code, to allow the proposed house to encroach into the required 25-foot front yard setback, and from Section 18.42.100, to allow both the proposed structures to encroach into the required 75-foot setback from Bozeman Creek, be approved subject to the following conditions: 1. Prior to the issuance of a Building Department's demolition permit, the applicant shall attempt to salvage the house in its entirety or its materials. The applicant may choose to salvage house or materials at his personal expense (personal storage, etc), or he may offer them for trade and/or sale to the public (newspaper ad, etc.). The applicant is required to submit documented proof to the Department of Planning of the attempt to salvage the house or materials. 2. No home based business, as described in Section 18.40.110 of the Bozeman Unified Development Ordinance, is approved with this Certificate of Appropriateness 1 0-17 -05 ------------------------------- - 18 - application and shall not be established in the detached garage structure. A Conditional Use Permit is required for a home based business in an accessory structure. 3. No accessory dwelling unit, as described in Section 18.40.030 of the Bozeman Unified Development Ordinance, is approved with this Certificate of Appropriateness application and shall not be established in the detached garage structure. 4. No kitchen shall be established in the house basement. 5. The applicant shall submit modified building elevations for the garage, including two 9-foot-wide doors, subject to final design review and approval by Administrative Design Review Staff. 6. The applicant shall remove the circle and palladian style windows from the proposed house design. A different window style may be proposed, if the applicant submits modified east and west building elevations, subject to final design review and approval by Administrative Design Review Staff. 7. The applicant shall submit modified the south building elevations showing additional fenestration on the south elevation of the house, subject to final design review and approval by Administrative Design Review Staff. 8. The window style, design and type shall be the same for both the house and detached garage (particularly, the sash, muntin and sill arrangment). The applicant shall submit modified building elevations of both the house and garage, subject to final design review and approval by Administrative Design Review Staff. 9. The stone material shall match for the house chimney and foundation. 10. The applicant shall provide a color and materials palette for final design review and approval by Administrative Design Review Staff. 11. The applicant shall obtain a building permit and pay all required fees prior to construction, and within one year of Certificate of Appropriateness approval or this approval shall become null and void. 12. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness with deviations application. Any modifications to the submitted and approved drawings shall invalidate the project's approval unless the applicant submits the proposed modifications for review and approval by the Department of Planning prior to undertaking said modifications, as required by Section 18.64.110 of the Bozeman Unified Development Ordinance. 13. The applicant shall submit a scaled streetscape elevation, including all new construction (house and garage) and the immediate structures to the south and north, subject to final design review and approval by Administrative Design Review staff. 14. The applicant must comply with all provisions of the Bozeman Municipal Code that are applicable to this project including, but not limited to, the following: .. Per Section 18.42.150, "Lighting," all new lighting must conform to code requirements. .. Per Section 18.46.020.F, "Surfacing," all areas intended to be utilized for permanent parking spaces and driveways shall be paved with concrete or asphaltic concrete, or approved pavers, to control dust and drainage. .. Per Section 18.48.050.E, "Street Frontage Landscaping Required," all street rights-of-way within the proposed development site not used for street 10-17 -05 - 19 - pavement, curbs, gutters, sidewalks, or driveways shall be landscaped, and shall include one large canopy tree for each 50 feet of total street frontage. 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 to amend plat for Minor Subdivision No. 340 ~ to allow access onto Cottonwood Road over existina one-foot no access strip adjacent to lot located at 642 Cottonwood Road - Think One for First Security Bank (P-05040) This was the time and place set for the public hearing on the preliminary plat to amend the plat for Minor Subdivision No. 340, as requested by Think One for First Security Bank under Application No. P-05040, to allow access onto Cottonwood Road over the existing one-foot no access strip adjacent to Lot 5. The subject property is located at 642 Cottonwood Road. Public hearing Mayor Cetraro opened the public hearing. Associate Planner Jami Morris presented the staff report. She noted the subject property lies along the east side of Cottonwood Road. She reminded the Commissioners that, in April, a conditional use permit was approved to allow the construction of a First Security Bank branch on this property, with an access restriction requiring this lot to share access with the adjacent lot to ensure the 660-foot separation is maintained from Cottonwood's intersection with Huffine Lane. She stated that under this application. the applicant is seeking a temporary access directly to Cottonwood Road from this lot until improvements are made to Cottonwood Road. At the time those improvements are made, the applicant will seek approval of a permanent access. The Associate 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 three conditions. Mr. Rusty Harris, architect representing the applicant, indicated a willingness to respond to questions. City Manager Kukulski noted that a meeting with representatives of Billion Auto Plaza has revealed a willingness to work on a permanent access arrangement that is good for businesses on both sides of Cottonwood Road when those road improvements are made. No one was present to speak in opposition to the application. Since there were no objections, Mayor Cetraro closed the public hearing. Decision It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the preliminary plat to amend the plat for Minor Subdivision No. 340, as requested by Think One for First Security Bank under Application No. P-05040, to allow access onto Cottonwood Road overthe existing one-foot no access strip adjacent to Lot 5, be approved subject to the following conditions: 1. The applicant shall 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, do not, in any way, create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state law. 2. A temporary and revocable 30 foot public access easement shall be granted at the location on Cottonwood Road over a platted 1 foot no access strip across from the 10-17-05 - 20- currently existing southernmost access of Auto Plaza Drive subject to the following terms and conditions: . Full access will be granted until such time that construction activities commence to improve the section of Cottonwood Road which borders the subject property to the recommended principle arterial street standard, when the easement will be terminated. Prior to access termination the property owner shall record an amended plat to reflect the nature of the subject easement. . A plat note shall be added to the amended plat of Minor Subdivision #340 in regard to the proposed access which states, "A temporary and revocable 30 foot public access easement has been granted, over the existing 1 foot no access strip, by the City of Bozeman and shall be terminated once construction activities commence to improve Cottonwood Road to the recommended principle arterial street standard." . The location and size of the proposed easement shall be subject to review and approval by the Bozeman City Commission. 3. An amended final plat shall be submitted which addresses the recommended plat note addition and includes all appropriate certificates. 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. Preliminarv plat for West Winds Subdivision. Phase II - subdivide 129 acres Iyina alona west side of North 27th Avenue extended between Tschache lane and Baxter lane into 113 residential lots and 95-acre remainder - HKM Enaineerin9 for Cascade Development, Inc. (P-05048) This was the time and place set for the public hearing on the preliminary plat for West Winds Subdivision, Phase II, as requested by HKM Engineering for Cascade Development, Inc., under Application No. P-05048, to subdivide 129 acres located in the Northwest one-quarter of Section 2, Township 2 South, Range 5 East, Montana Principal Meridian, into 113 residential lots and a 95-acre remainder lot. The subject property is located on the west side of North 27th Avenue extended between Tschache Lane and Baxter Lane. Public hearing Mayor Cetraro opened the public hearing. Associate Planner Jami Morris presented the staff report. She stated that Phases IA and IB of the West Winds Subdivision are currently under construction. This preliminary plat is for Phases IIA and liB of that subdivision, and includes the area for a assisted living development, which is the preferred option. She stated, however, if that development falls through, the applicant has provided an alternate for development of that parcel. She noted that Phase IIA includes a large lot for affordable housing, and Phase liB is adjacent to Baxter Lane. Associate Planner Jami Morris stated that staff has reviewed this application in light of the planned unit development for this subdivision and has found it to be in general compliance with that document. She noted that staff has further reviewed this application in light of the applicable criteria, and staffs findings are contained in the written staff report. Based on those findings, staff has forwarded a recommendation for approval, subject to several conditions. Responding to Commissioner Youngman, Associate Planner Morris stated the design of the structures to be constructed within this subdivision has not yet been established. 10-17-05 - 21 - Mr. Clint Litle, consulting engineer, voiced concurrence with the staff report and a willingness to respond to questions. No one was present to speak in opposition to the proposed subdivision. Since there were no objections, Mayor Cetraro closed the public hearing. Decision It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the preliminary plat for West Winds Subdivision, Phase II, as requested by HKM Engineering for Cascade Development, Inc., under Application No. P-05048, to subdivide 129 acres located in the Northwest one- quarter of Section 2, Township 2 South, Range 5 East, Montana Principal Meridian, into 113 residential lots and a 95-acre remainder lot, be approved subject to the following conditions: 1. The applicant shall complywith 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. Phase 2A and 2B of the West Winds Subdivision shall comply with the approved Master Plan and Development Guidelines for the Planned Unit Development. 3. The final plat shall include a notation that due to high ground water conditions full or partial basements are not recommended. 4. Cash-in-lieu of water rights, as calculated by the Director of Public Service, shall be paid at the time the final plat is submitted. 5. A deed restriction shall be placed on Lot 5, Block 8 indicating that the parcel will be limited to use as an affordable housing project only. 6. A one-foot no access easement shall be noted along North 27th Avenue and Baxter Lane. 7. The final plat shall note the area designated as public Common Open Space with a public access easement separate from the dedicated parkland. 8. The final plat shall contain a plat note indicating that the remainder tract was not created for the purpose of transfer and that any transfer of said tract may not occur prior to subdivision review of said remainder tract. 9. The plat currently indicates one additional lot within Phase 2 compared to the approved West Winds final PUD plan. Since the City Commission agreed to a density cap for this development in lieu of additional parkland the applicant shall either remove one lot for a total of 112 residential lots in Phase 2, provide 0.03 acres of additional parkland or the equivalent cash in lieu, or the next phase of West Winds shall provide one less lot. 10. The subdivider shall install interpretive signs adjacent to the preserved "natural" portion of the un-named ditch as described in the Cultural Resource Inventory for the subdivision. The sign location and content shall be coordinated with the City of Bozeman Historic Preservation Planner. 11. The portions of the un-named ditch proposed to be filled should be mapped, photographed and GPS coordinates shall be submitted for the entire corridor to the City of Bozeman Historic Preservation Office. 12. A detailed Traffic Study Report for the entire West Winds Development has been provided to and reviewed by the City Engineer's office. The need for any traffic 10-17-05 - 22- impact analysis updates will be identified at the time of preliminary plat submittal for each phase. 13. The west half of North 27th Avenue, from Tschache Lane to Baxter Lane, and the south half of Baxter Lane, from North 27th Avenue to the western boundary of Phase 2B, must be constructed and accepted by the City prior to filing the final plat for either Phase 2A or 2B, or financially guaranteed and completed prior to occupancy. The overall design of Baxter Lane shall include a detailed assessment of traffic needs and design solutions for the phasing. The Phase 2 infrastructure improvements shall include improvements to the intersection of Baxter Lane and North 27th Avenue to provide a transition between the existing and the future roadway. Design of the intersection is also to accommodate the existing overhead power lines. The intersection design will be reviewed and approved by the City Engineering Office as a part of the infrastructure improvements review process. 14. In locations where Baxter Lane is being improved, the various irrigation ditches and/or streams shall be relocated outside the right-of-way, accommodated in an approved center median, or placed in a pipe. 15. Parking will not be allowed on North 27th Avenue and Baxter Lane. 16. Any street rights of way which are within the boundaries of this subdivision and for which easements were provided with the XL Limited Partnership Annexation Agreement shall be dedicated to the City on the final plat for this subdivision. The applicant shall also dedicate the following: . West half (additional 12;; feet) of North 27th Avenue. . South half (additional 5 feet) of Baxter Lane. 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. Break - 8:40 to 8:50 p.m. Mayor Cetraro declared a break from 8:40 p.m. to 8:50 p.m., in accordance with Commission policy. Preliminarv plat for StoneRidae Sauare Subdivision - subdivide 33.97 acres Iyino alona west side of North 19th Avenue between West Oak Street and Tschache lane into 8 commercial lots and 1 remainino lot for common open soace and future residential develooment - Sprinaer Group Architects for StoneRidae Partners. LLC (P-05038) This was the time and place set for the public hearing on the preliminary plat for StoneRidge Square Subdivision, as requested by Springer Group Architects for StoneRidge Partners, LLC, under Application No. P-05038, to subdivide 33.97 acres described as Lot 4, Minor Subdivision No. 319, into 8 commercial lots and 1 remaining lot for common open space and future residential development. The subject property lies along the west side of North 19th Avenue between West Oak Street and Tschache Lane. Public hearing Mayor Cetraro opened the public hearing. Associate Planner Jami Morris presented the staff report. She stated that under this application, the property along the west side of North 19th Avenue across from the Bridger Peaks Town Center is to be subdivided into eight commercial lots for a range of commercial uses and one remainder lot for common open space and future residential development. She noted that Rose Park lies to the west of the subject parcel; and a wetlands area is located along the west side of the property, adjacent to the stream and stream/ditch that traverse the property. 10-17-05 - 23- Associate Planner Morris stated one of the points of contention is the multi-use path that staff has recommended, as an east/west extension of the trail in West Winds Subdivision. She noted the applicant proposes to expand the standard 5-foot-wide sidewalk to 10 feet wide, to serve as the path, with a bicycle lane on Tschache Lane. She characterized this as an impossible transition from what the developer of West Winds Subdivision is doing. The Associate Planner noted that this preliminary plat is being concurrently reviewed with the planned unit development for StoneRidge Square; and approval of this plat reflects that the Commission is comfortable with the lot layout and building layouts. Associate Planner Morris stated that the 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 has forwarded a recommendation for denial; however, Planner Morris identified a number of conditions for consideration should the Commission choose to approve it. She then indicated that the City Planning Board considered this application at its meeting held on September 20 but, due to the lack of a quorum, was unable to forward a formal recommendation even though a majority of those present indicated support for the subdivision. Responding to Commissioner Krauss, Associate Planner Morris stated the trail is shown in the transportation plan, within a 30-foot-wide easement. She indicated that staff has determined a 25-foot-wide easement would be adequate; and the Gallatin Valley Land Trust has indicated it in its letter that it desires a trail easement and not an expanded sidewalk as proposed by the applicant. Mr. Rick Kerin, consulting engineer, stated he has reviewed the Planning Board's recommendation; and his only issue is with the bike path along Tschache Lane. He noted that the Planning Board did recommend the Commission accept the 1 O-foot-wide sidewalk in lieu of a pathway and encouraged them to do so. He then stated that the Montana Department of Transportation has indicated it will grant a three- legged mid-block approach for this development, with right in, right out and left in maneuvers allowed; unless issues arise with the storage lanes and then turning maneuvers will be further restricted. He concluded by stating his concurrence with all of the other conditions recommended by the Planning Board. Mr. Lowell Springer, architect, confirmed that the applicants agree to all of the recommended conditions except No.4, and encouraged the Commissioners to accept the 1 O-foot-wide trail that has been proposed. No public comment was received in opposition to this application. Since there were no objections, Mayor Cetraro closed the public hearing. Decision Commissioner Krauss noted the Greater Bozeman Area Transportation Plan, 2001 Update shows a 25-foot-wide trail through this area, and he supports that plan. He also voiced concern about the proposed "bike lane to nowhere" along Tschache lane. He concluded by expressing his support for a 25- foot-wide trail easement that allows the trail to meander through this property and then tie to the trail through West Winds Subdivision. Associate Planner Jami Morris reminded the Commission that approval of this preliminary plat carries with it an implicit approval of the building layout that is part of the next agenda item. Commissioner Krauss responded by stating that, while he has no problem approving this preliminary plat with the conditions as recommended by staff, he is not inclined to vote for the planned unit development. Planning Director Andy Epple noted that the aspects of the planned unit development that led to staff's recommendation of denial were not based on the layout of the buildings, but on the architecture within the development. Commissioner Kirchhoff noted that one of the issues discussed during previous reviews of this project was the desire to see the south end of the development developed as a neighborhood commercial node. He suggested that a small building be added along the east side of the access from West Oak Street, 10-17-05 - 24- to complement the building on the west side of that access and create a stronger neighborhood commercial feel. Associate Planner Morris cautioned that adding another building could trigger the requirement for another lot and suggested that, if the Commission wishes to pursue that option, it deny this application or continue the hearing to give the applicant an opportunity to respond. Mayor Cetraro voiced his support for the application, with Condition NO.4 modified as requested by the applicant. Staff Attorney Cooper reminded the Commission that the preliminary plat must be approved or denied based on a specific set of criteria and not on the attendant planned unit development. Commissioner Kirchhoff stated he will not support this application, noting that he did not support the underlying zone change that allows for this type of commercial development to occur. It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the preliminary plat for StoneRidge Square Subdivision, as requested by Springer Group Architects for StoneRidge Partners, LLC, under Application No. P-05038, to subdivide 33.97 acres described as Lot 4, Minor Subdivision No. 319, into 8 commercial lots and 1 remaining lot for common open space and future residential development, be approved subject to the following conditions: 1. The applicant shall 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. A reciprocal access and parking easement shall be provided for all shared accesses and parking facilities. The easement shall state that the drive accesses and parking areas are permitted reciprocal use by all of the lots of the subdivision. 3. Construction fencing shall be installed along the 35-foot stream setback to protect water quality and the adjacent vegetation during construction. 4. The trail identified in the Greater Bozeman Area Transportation Plan, 2001 Update adjacent to Tschache Lane shall be constructed in addition to the sidewalk to provide a future connection to Rose Park and the regional park. A 10-foot-wide asphalt trail shall be constructed within a 25-foot public trail easement, in the front yard setback adjacent to Tschache Lane, from the intersection of North 19th Avenue to the western edge of the property (western edge of Parcel 9). 5. The final plat shall note the area designated to meet the Common Open Space requirements for the Stoneridge PUD (10.4 acres). A public access easement shall be provided over the area exclusive of the area set aside for future development. 6. Cash-in-lieu of water rights, as calculated by the Director of Public Service, shall be paid at the time the final plat or final PUD plan is submitted, whichever occurs first. 7. The subdivision shall comply with all approved conditions of the Planned Unit Development and the subdivision shall comply with the approved Master Plan and Development Guidelines for the Planned Unit Development. 8. The 0.015 acre isolated wetland (WL-2) in the middle of the subdivision may be filled in exchange for the existing vegetation being harvested from appropriate locations and transplanted, as reasonably feasible, from the filled wetland to the stream/ditch and/or Catron Creek wetlands. Only native species, free of weeds and non-native species, shall be harvested as directed under the supervision of the subdivider's wetland consultant. 10-17-05 - 25- 9. The recorded covenants shall indicate that the property owners' association is responsible for the maintenance of the common open space, wetlands, watercourse setback, and trails. Noxious weeds shall be controlled as directed by the County Weed Control District and in accordance with the Montana County Noxious Weed Control Act. The property owners' association shall be responsible for the continued control of the weeds and fulfillment of the revegetation plan. 10. The applicant shall obtain an access permit from the Montana Department of Transportation for the access onto North 19th Avenue and shall comply with all requirements of the permit. 11. 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. 12. Tschache Lane shall be constructed to match the existing typical section from its current end to the western boundary of the subdivision. This shall include curb and gutter on both sides, sidewalk on the south side only, and the necessary utility extensions. If an easement cannot be obtained for the portion of the street without existing easements on both sides of the property line; curb, gutter, standard boulevard, and sidewalk on the south side, along with a minimum pavement width of 24 feet, shall be installed. 13. The existing public street and utility easement and any existing utility easements no longer needed shall be vacated. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Krauss, and Mayor Cetraro; those voting No being Commissioner Kirchhoff and Commissioner Youngman. Conditional Use Permit for StoneRidoe Sauare Planned Unit Development - amend master plan and development auidelines for StoneRidae Planned Unit Development to allow multi-tenant buildinas in the "B-1" zonina district to exceed 10.000-sauare-foot maximum around floor area cap. with deviation from Section 18.52.090 to allow 20 percent more sianaae as it applies to total sauare feet and pole sian heiaht - Sprinaer Group Architects for StoneRidae Partners. LLC (Z-05183) This was the time and place set for the public hearing on the Conditional Use Permit for StoneRidge Square Planned Unit Development, as requested by Springer Group Architects for StoneRidge Partners, LLC, under Application No. Z-05183, to amend the master plan and development guidelines for StoneRidge Planned Unit Development to allow multi-tenant buildings in the "B-1", Neighborhood Business, district to exceed the 1 O,OOO-square-foot maximum ground floor area cap, with a deviation from Section 18.52.090 of the Bozeman Municipal Code to allow 20 percent more signage as it applies to the total square feet and pole sign height. The subject property lies along the west side of North 19th Avenue between West Oak Street and Tschache Lane. Public hearing Mayor Cetraro opened the public hearing. Associate Planner Jami Morris presented the staff report. She stated that this application is for modifications to the previously-approved planned unit development for the StoneRidge Subdivision. She reminded the Commission that the original approval included deviations to front yard setbacks for permitted and conditional uses, relaxation of the watercourse setback to 35 feet from the high water mark, and relaxation of the floor area limitations in the "B-1" district to allow no more than 1 0,000 square feet on the ground floor and no more than 6,000 square feet per tenant. Under this application, additional relaxations are being sought to allow concurrent construction, 20-percent deviations for both sign area and height, additional relaxations to floor area limitations in the "B-1" zone to allow 14,800-square-foot and 12,900- square-foot retail shop buildings, and a 16,000-square-foot bank building with a single tenant occupying 8,000 square feet. 10-17-05 --------- - 26- The Associate Planner reminded the Commission that the StoneRidge Planned Unit Development extends from Durston Road to Baxter Lane and includes the Holiday Station Store on Durston Road and the Hilton Garden Inn on Baxter Lane. She stated that the nine acres along the western portion of the area under consideration in this application is a wetland area reserved for common open space for the entire planned unit development. She showed pictures of the type of architecture in the immediate area, the type of architecture proposed for this development and examples of non-standard architecture used by franchises in other communities around the country. Associate Planner Morris stated that staff has reviewed this application in light of the applicable criteria and, based on the comprehensive findings contained in the written staff report, has forwarded a recommendation for denial. She noted, however, should the Commission choose to approve the application, staff has recommended the Commission do so with several conditions attached. Responding to Mayor Cetraro, Associate Planner Morris stated that staff feels the bank building and the Rib Crib meet the design standards. She then noted that not much building detail has been included with this application because other design professionals are involved with those portions of the project. Commissioner Krauss stated that, in light of the growth policy amendment and upzoning that were previously approved and the fact that this property lies in a Class I entryway corridor, he finds it important to set a higher standard for this development. He finds that this application does not meet the higher quality of design necessary for approval and cautioned that, if the Commission chooses to move forward with considering this application at this time, he will not vote for it. He further noted that, during last week's review of proposed revisions to the unified development ordinance, the Commission directed staff to come back with an amendment that generally prohibits franchise design and, in light of that action, he cannot support standard franchise development within this planned unit development. Mayor Cetraro noted the applicant should be somewhat encouraged that the Commission approved the preliminary plat for this subdivision and suggested that the Commissioners give guidance on possible changes that might make this proposal acceptable. Mr. Lowell Springer indicated that the applicant has some revised renderings based on the input from staff and the advisory bodies. Commissioner Krauss stated he believes it is inappropriate for the Commission to consider a design that has not been reviewed by its advisory bodies. He cited various quotes from the staff report that explicitly indicate this design lacks local character and does not fulfill the City's expectation for a higher design standards but reflects franchise architecture in "Anywhere, USA". He then cautioned that, if the applicant chooses to present the new information at this time, he believes the Commission must take action and suggested that such action may not be in the applicant's best interests. Mr. Brian Huffaker, Hawkins and Company, stated he thought they were further down the approval process than what he's hearing tonight. He feels that they have implemented some of comments that they have received from staff and the Commission; however, from the staff report, it appears staff does not agree. He voiced frustration over the fact that the plans receive favorable review from the Development Review Committee, Design Review Board, and City Planning Board, only to be met with disapproval by the City Commission. He noted this suggests a disconnect between the advisory boards and the governing body. Commissioner Krauss responded by stating he's unsure there is a disconnect. He noted that the staff report very pointedly identifies areas of concern and issues to be addressed. He then reminded the applicant at the Commission has just approved the preliminary plat and general layout of the development. He also noted that, during the initial review of this project, the staff and Commission gave the applicants some pretty strong signals that a basic franchise layout and look would not receive approval. Mr. Brian Huffaker expressed his strong interest in seeing this project work and asked for an opportunity to work with the Design Review Board to do so. City Manager Chris Kukulski noted that, from the very first meeting, he was shocked over the clarity with which the Commissioners expressed their expectations for this project, which were very, very high in light of the upzoning approved for this parcel. He further noted that staff has made it very clear they have not seen anything that meets those design expectations. 10-17 -05 - 27 - Responding to comments from Commissioner Krauss, Mr. Lowell Springer stated that the applicant's team is definitely hearing the Commission's comments and is willing to come back with a revised plan after going back through the Design Review Board. Responding to Commissioner Krauss, Planning Director Epple estimated it will take a month to six weeks to complete the review of revised plans and forward a recommendation to the Commission. It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the public hearing on the Conditional Use Permit for StoneRidge Square Planned Unit Development, as requested by Springer Group Architects for StoneRidge Partners, LLC, under Application No. Z-05183, to amend the master plan and development guidelines for StoneRidge Planned Unit Development to allow multi-tenant buildings in the "B-1 ", Neighborhood Business, district to exceed the 1 O,OOO-square-foot maximum ground floor area cap, with a deviation from Section 18.52.090 of the Bozeman Municipal Code to allow 20 percent more signage as it applies to the total square feet and pole sign height, be continued to the November 28 Commission meeting. 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. Commission Resolution No. 3852 - lewina and assessina business improvement district assessments for Fiscal Year 2006 This was the time and place set for the public hearing on Commission Resolution No. 3852, entitled: COMMISSION RESOLUTION NO. 3852 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2006 UPON ALL REAL PROPERTY IN THE BUSINESS IMPROVEMENT DISTRICT, LOCATED IN THE CITY OF BOZEMAN'S DOWNTOWN AREA, TO DEFRAY THE ESTIMATED COST AND EXPENSE TO BE INCURRED IN THE BUSINESS IMPROVEMENT DISTRICT FOR THE FISCAL YEAR. Public hearing Mayor Cetraro opened the public hearing. Mr. Paul Reichert, Executive Director of the Downtown Bozeman Partnership, stated that the proposed budget for the business improvement district for Fiscal Year 2005-2006 is based on an anticipated expansion of the district over the next several weeks and a $20,000 increase in revenues. He characterized the work plan as fairly straight forward, with downtown security being one program to be significantly increased and the creation of a new development plan for the downtown being another project to be undertaken. No public comment was received on these proposed assessments. Since there were no Commissioner objections, Mayor Cetraro closed the public hearing. Decision It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that Commission Resolution No. 3852, levying and assessing business improvement district assessments for Fiscal Year 2006, be finally adopted. 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. 10-17-05 - 28- Presentation of budaet and work plan for the Tax Increment Financina District (urban renewal plan) for Fiscal Year 2005-2006 Included in the Commissioners' packets was a copy of the budget and work plan for the tax increment financing district for Fiscal Year 2005-2006. Mr. Paul Reichert, Executive Director of the Downtown Bozeman Partnership, noted that, for the past two years, the budget for the tax increment financing district has reflected a reduction in the amount expended on administration through the Downtown Bozeman Partnership offices, with this year's budget reflecting a $34,000 reduction. He then noted that when the budget and work plan were developed in early July, revenues were estimated conservatively; and he now anticipates that revenues will be much higher than originally projected. No public comment was received on the budget and work plan. It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the Commission endorse the budget and work plan for the tax increment financing district for Fiscal Year 2005- 2006, 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. Commission Resolution No. 3870 - intent to expand business improvement district: set public hearing for November 21. 2005 Included in the Commissioners' packets was a copy of Commission Resolution No. 3870, entitled: COMMISSION RESOLUTION NO. 3870 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, STATING THE COMMISSION'S INTENT TO EXPAND THE BUSINESS IMPROVEMENT DISTRICT IN THE CITY'S DOWNTOWN AREA. Mr. Paul Reichert, Executive Director of the Downtown Bozeman Partnership, stated that this resolution is to expand the business improvement district to include other properties within it. He indicated there is quite strong support within the expansion area, as evidenced by the list of petitioners. He noted that adoption of this resolution is the first step in the process, to be followed by a public hearing and adoption of a resolution to implement the expansin. City Manager Chris Kukulski stated that expansion of the district at this time will result in a second, corrected, assessment bill being mailed to those within the area under consideration. He noted that, ideally, this process would have been completed prior to the October billing; and the additional billing may result in heightened awareness of the new assessment and some questions about it. Di rector of Finance Anna Rosenberry noted that expansion of the busi ness improvement district has been planned since June and, as a result, the assessment rates in Commission Resolution No. 3852 were based on the expanded area; however, those new properties were not assessed under that resolution. As a result, the properties in the expansion area will be subject to a new assessment resolution, to be adopted after the district is expanded. Responding to questions from Commissioner Krauss, the City Manager confirmed that this year's budget is based on assessment revenues from the expanded district rather than the existing district and, as a result, delaying the assessment for a year would have a dramatic impact on anticipated revenues. It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the Commission adopt Commission Resolution No. 3870, stating its intent to expand the business improvement district and setting the public hearing for November 21. 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. 10-17-05 - 29- Commission Resolution No. 3863 - joint resolution of intent to create Extended Special Improvement District No. 684 - improvements to Durston Road between and at its intersections with North 19th Avenue and Fowler Avenue Included in the Commissioners' packets was a copy of Joint County Commission Resolution No. 2005-142/City Commission Resolution No. 3863, entitled: COUNTY COMMISSION RESOLUTION NO. 2005-142 CITY COMMISSION RESOLUTION NO. 3863 A JOINT RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AND THE BOARD OF COUNTY COMMISSIONERS OF GALLATIN COUNTY, MONTANA, RELATING TO THE CREATION BY THE CITY OF BOZEMAN OF AN EXTENDED SPECIAL IMPROVEMENT DISTRICT NO. 684. City Engineer Rick Hixson noted that the County Commission chose to not adopt this resolution at its October 5 meeting and asked that the Commission vote to not adopt it in light of that action. It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the Commission not adopt Commission Resolution No. 3863, a joint resolution relating to the creation of Special Improvement District No. 684. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Krauss, Commissioner Youngman, and Mayor Cetraro; those voting No being Commissioner Kirchhoff. Commission Resolution No. 3864 - intent to create Extended Special Improvement District No. 684- improvements to Durston Road between and at its intersections with North 19th Avenue and Fowler Avenue extended Included in the Commissioners' packets was a copy of Commission Resolution No. 3864, entitled: COMMISSION RESOLUTION NO. 3864 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 684; DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE THE EXTENDED DISTRICT FOR THE PURPOSE OF UNDERTAKING CERTAIN LOCAL IMPROVEMENTS AND FINANCING THE COSTS THEREOF AND INCIDENTAL THERETO THROUGH THE ISSUANCE OF SPECIAL IMPROVEMENT DISTRICT BONDS SECURED BY THE CITY'S SPECIAL IMPROVEMENT DISTRICT REVOLVING FUND AND ESTABLISHING COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE. City Engineer Rick Hixson noted this special improvement district is similar in size and contains a similar number of parcels as the special improvement district for West Babcock Street. Also, the proposed street improvements are very similar to those on West Babcock Street, and in approximately the same length. He stated that this resolution begins the formal process for creation of the district to fund a portion of the costs associated with those improvements. Ms. Rebecca Adams, 2503 Rose Street, spoke as a member of the NorthWest Neighborhood Network. She encouraged the Commission to not accept the district as proposed, but to expand it to include additional properties that will benefit from the improvements. She acknowledged that the County has chosen not to participate in the district, even though those properties will benefit. She suggested that the boundary be extended to include those properties between Annie Street and West Oak Street, particularly since many of those properties impact Durston Road. Ms. Deb Stober, 395 Valley Drive, voiced concurrence with the previous speaker, suggesting that the boundaries be expanded to include more properties. In light of the recent experiences with the West Babcock Street SID, she asked that provisions be made for allowing people to prepay their assessments before the bonds are sold and interest costs incurred or to prepay upon any annual assessment once the assessments begin. She also asked that if any properties within the payback district are annexed and pay 10-17-05 - 30- those fees, they be used to pay down the special improvement district. Further, she asked that competitive bids be required rather than accepting a single bid, noting the result could be a lower cost to those within the district. City Manager Kukulski stated there is no problem with allowing for prepayment of the assessments, noting that an individually may elect to prepay the entire amount at any time. He then recognized that getting more than one bid is preferable; however, he noted the City has no control over who will submit bids on projects. He cautioned that to delay the project because only one bid is received will likely result in increased costs. City Engineer Rick Hixson stated the proposed special improvement district is almost identical in size to the West Babcock Street district, with essentially the same number of people paying for the same kind of improvement. In this instance, he cautioned the costs are estimated at 30 percent more because of the increased price of oil. He then stated that the same rationale for drawing boundaries for the special improvement districts has been used for both districts. That rationale includes drawing the boundary halfway between the major east/west facilities which, in this area, include West Babcock Street, Durston Road, and West Oak Street. Commissioner Krauss voiced an interest in knowing who has paid for each major road in this area and where there are any properties lying north of the boundary line that have not contributed to the West Oak Street improvements as well as a map that shows the existing and anticipated future districts for West Oak Street improvements. City Engineer Rick Hixson noted that if a subdivision is adjacent to or encompasses two or more arterials, that developer is required to improve those roads either through his own financing mechanisms or through a special improvement district. He then stressed that, if a special improvement district is used to fund an improvement, it must benefit the property being assessed. City Manager Kukulski stated that, if an arterial is constructed at the front end of a subdivision project, everyone participates in those costs either through a special improvement district or the initial purchase price of the lot. Commissioner Kirchhoff stated that the manner in which the improvements to West Oak Street have been funded is not at issue in considering this district. He then voiced for the rationale that staff has followed in determining the boundaries of the special improvement districts for the various roadways. It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the Commission adopt Commission Resolution No. 3864, stating its intent to create Special Improvement District No. 684, for improvements to Durston Road between and at its intersections with North 19th Avenue and Fowler Avenue extended, and setting the public hearing for November 21. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, and Mayor Cetraro; those voting No being Commissioner Krauss. Discussion - FYI Items The following "For Your Information" items were forwarded to the Commission. (1 ) Letter from Chad Groth, 701 South Willson Avenue, expressing concern about the traffic design for the proposed signal at the intersection of South Willson Avenue and West College Street. (2) Copy of a letter from Vivid Networks, Inc., to City Manager Kukulski asking to be involved in the cable television franchising process. (3) Copy of the letter from Marywn~Lindley Neighbors to the Crowley law firm encouraging open communication with the Bridger Ski Foundation regarding their proposal for snow making equipment forthe ski trails. (4) Copy of the October 2005 edition of the Marwyn Lindley Neighbors Newsletter. (5) Copy of the September 2005 edition of the NorthEast Neighborhood Association Newsletter. 1 0-17~05 - 31 - (6) Memo from the Solid Waste Management District, dated October 13, forwarding the information packet for the October 19 board meeting. (7) Agendas for the County Commission meetings to be held at 9:00 a.m. on Tuesday, October 18, and 1 :30 p.m. on Wednesday, October 19, at the Courthouse. (8) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Wednesday, October 19, at the Professional Building. (9) Agendas for the Zoning Commission meeting and joint meeting with Planning Board to be held at 7:00 p.m. on Tuesday, October 18, in the Commission Room. (10) Director of Finance Anna Rosenberry stated the external auditors are doing field work for the audit. She noted that the audited financial information for the Library Foundation is to be incorporated into this year's audit. (11) Assistant City Manager Ron Brey announced the first citizen panel for the Local Government Study Commission is to be held at 7:00 p.m. on Tuesday, October 18, at the Senior Center. Also, the neighborhood informational meeting for the traffic signal at the intersection of South Willson Avenue and West College Street is scheduled for 7:00 p.m. on Wednesday, November 9, at the Longfellow School. (12) Director of Public Service Debbie Arkell submitted the following. (1) Distributed copies of a notice for a public works event being organized by one of the City's Street Department employees. She noted that the event is being held on Saturday, and is designed to show others where blind spots exist for those operating various pieces of equipment. (2) Announced that Sanitation Superintendent Mark Kottwitz has submitted his resignation, effective October 28, after 25 years of working for the City, and has accepted employment with the Gallatin County Roads Department at a significantly reduced wage. ( 13) Director of Public Safety-Fire Chuck Winn announced that the two firefighters have returned from the gulf area. One of the firefighters has been asked to re-deploy for thirty days and another firefighter has been deployed with the National Guard for 45 days. The result is operating at short staff; however, the Director noted the department is getting by. City Manager Kukulski noted that at least one police officer has also been deployed to the gulf area. (14) City Manager Chris Kukulski stated that, in light of the current Commission meeting schedules, he has proposed a change to set public hearings for the first, third, and fourth meetings of the month, with the second meeting being retained for work sessions. He stressed that, with items such as the transportation plan update, facilities plan updates and update of the Bozeman 2020 Community Plan, it is important to retain one work session meeting each month. (15) Commissioner Jeff Krauss stated that, while he was attending a meeting in Whitefish over the weekend, he visited the new Iron Horse Subdivision, which has resulted in nearly doubling the taxable value of the city because of its multi-million dollar homes. (16) Mayor Cetraro voiced his interest in getting Bresnan Communications to wire the Community Room so meetings can be televised as soon as possible. City Manager Kukulski responded that he has encouraged Bresnan to do so, noting that their willingness to do so without a franchise agreement could help preclude the need for such an agreement. Since Bresnan is not undertaking any services without being pushed to do so, the City Manager indicated his intent to enter into an agreement with Mr. Doug Johnson to proceed with the franchise agreement. Adjournment - 10:48 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. 1 0-17 -05 - 32- AN ATTEST: ~sL~ City Clerk 1 0-17 -05