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HomeMy WebLinkAbout2001-07-23 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA July 23, 2001 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, July 23, 2001, at 6:00 pm. Present were Mayor Youngman, Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, City Manager Johnson, Assistant City Manager Brey, Director of Public Service Arkell, Planning Director Epple, City Attorney Luwe, and Deputy Clerk of the Commission DeLathower. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - January 18 and February 7, 2000, and January 30, April 20, May 29, June 11, June 25, July 9 and July 16, 2001 It was moved by Commissioner Brown, seconded by Commissioner Frost, that the minutes of the meeting of July 9, 2001 be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, and Mayor Youngman; those voting No, none. Mayor Youngman deferred action on the minutes of the meetings of January 18 and February 7, 2000, and January 30, April 20, May 29, June 11, June 25 and July 16, 2001 to a later date. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Commission Resolution No. 3454 - intent to sell certain surplus items to a political subdivision within the State of Montana COMMISSION RESOLUTION NO. 3454 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN TO SELL CERTAIN SURPLUS ITEMS FROM THE INFORMATION TECHNOLOGY DIVISION TO A COUNTY OR OTHER POLITICAL SUBDIVISION WITHIN THE STATE OF MONTANA. Commission Resolution No. 3456 - establishing rates for water charges, effective on September 1, 2001, billinq COMMISSION RESOLUTION NO. 3456 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING RATES FOR WATER CHARGES FOR THE CITY OF BOZEMAN. Commission Resolution No. 3457 - establishing rates for wastewater (sewer) charges, effective on September 1, 2001, billing 07-23-2001 -2- COMMISSION RESOLUTION NO. 3457 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING RATES FOR WASTEWATER (SEWER) SERVICE AND SURCHARGE ON WASTEWATER (SEWER) SERVICE FOR THE CITY OF BOZEMAN. ..A. cknowledqe receipt of request for creation of Special Improvement Li~htino District for Harvest Creek Subdivision, Phases V through Xl; refer to staff Final plat for South Meadows Minor Subdivision (subdivide 97.69 acres described as remaining portion of Graf's Fourth Addition into four lots for single-family residential development) (north of Sundance Springs Subdivision and south of SorinQ Meadows Subdivision) (P-0116) Authorize City Manager to sign - Acceptance of Public Street Easement - 60-foot-wide easement across Tract 6B, COS No. 822 (extending southward from West Dickerson Street at Professional Drive extended) Building Inspection Division report for May 2001 Claims It was moved by Commissioner Frost, seconded by Commissioner Smiley, 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 Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, and Mayor Youngman; those voting No, none. Ordinance No. 1542 - establishing the Bozeman Senior High School Residential On-Street Parking Permit Regulation ProRram Previously distributed to the Commissioners was a copy of Ordinance No. 1542, as approved by the City Attorney, entitled: ORDINANCE NO. 1542 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING SECTION 10.32.396, PERTAINING TO STOPPING, STANDING, AND PARKING OF VEHICLES THEREBY CREATING A RESIDENTIAL ON-STREET PARKING PERMIT REGULATION PROGRAM IN THE VICINITY OF BOZEMAN SENIOR HIGH SCHOOL PURSUANT TO SECTIONS 10.32.350 THROUGH 10.32.390 OF THE BOZEMAN MUNICIPAL CODE, WHICH CREATE THE PROCEDURES FOR ESTABLISHING RESIDENTIAL ON-STREET PARKING PERMIT REGULATION PROGRAMS. Included in this week's packet was a memo from Assistant City Manager Brey, dated July 18, forwarding possible revisions to the ordinance to be considered in conjunction with its final adoption. Attached to the memo was a petition requesting that the 400 block of North 9th Avenue not be included in the parking district. Assistant City Manager Brey suggested the Commission consider implementing this parking district during the school year only. The signs will need to have a permanent timetable included on them; and after meeting with school officials, the dates of August 15 through June 15 seemed most appropriate. According to Mr. Brey, if the Commission decides to implement this parking district during the school year only, they probably will hear from a number of people in the MSU parking district wanting to discontinue their restrictions during the summer months as well. This will most likely cause 07-23-2001 -3- problems for those living nearest the campus because of the summer school sessions and will entail significant expense since the signs will need to be changed. Assistant City Manager Brey acknowledged receipt of a letter on Monday afternoon from Michael Redburn, Superintendent of Bozeman Schools, stating the school district is still committed to providing additional student parking, with projected implementation in 2002. He requested the Commission postpone the implementation of the parking district until alternatives are provided for the students. Commissioner Smiley stated the school district repeatedly asks the City to delay implementing a parking district, and it continues to do so today; it's time to finally give the neighbors some relief. Commissioner Frost said he agrees with Assistant City Manager Brey that the district should be implemented for the school year only, and he feels the signs need to be put up and implementation begun as soon as possible. Commissioner Brown agreed with Mr. Brey's suggestions, as well, noting he has no problem with deleting the block that petitioned to be removed, despite the displacement effect that might occur. He continues to feel the school district needs to establish a parking lot of their own; and he, too, believes the parking district should be instituted as soon as possible. Mayor Youngman stated a letter should be sent to the school district explaining why the City won't wait any longer for the creation of this parking district. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that Ordinance No. 1542, establishing the Bozeman Senior High School residential parking district, be finally adopted, as revised. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, and Mayor Youngman; those voting No, none. Commission Resolution No. 3455 - setting fees for permits within Bozeman Senior'High School Residential Parking District Included in the Commissioners' packets was a copy of Commission Resolution No. 3455, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3455 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING RESIDENTIAL, EMPLOYEE, AND VISITOR PARKING PERMIT FEES AND PERMIT TRANSFER FEES FOR THE BOZEMAN SENIOR HIGH SCHOOL RESIDENTIAL ON-STREET PARKING PERMIT REGULATION PROGRAM. Assistant City Manager Brey noted these fees are the same as those charged for the MSU district. Even though over time it will probably cost less per unit to run this district, he is proposing the same fees initially because the set-up costs are considerable. If the Commission reduces the fees at the outset, Mr. Brey asked there be no pro-rationing of fees after February 1st. If the Commission decides to approve the 'full fee now, he would suggest revisiting the fee structure in 2 or 3 years. Commissioner Frost said he feels the fees should be kept the same and then revisited in 3 years. Commissioner Brown noted the City didn't budget for these start-up costs, and the full fees need to be charged to recover those costs. He, too, approves of revisiting the fee structure in 3 years. Mayor Youngman said she would like to figure out some modest adjustment for both this district and the MSU one. Free visitor permits would probably work great next to the high school, but would be impossible to monitor in the MSU parking district. Perhaps a discount for more than one 07-23-2001 4- member of the household could be considered. She acknowledged this high school district is different than the MSU one because of its size and the Iow enforcement costs. Commissioner Smiley expressed her preference to go ahead with what has been proposed, see how it works out, and then revisit both parking districts in a few years. Mayor Youngman opened the public hearing. Gwen Arnesen, 8454 Goldenstein Lane, said those kids just need to ride their bikes to school! Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that Commission Resolution No. 3455, setting fees for permits within the Bozeman Senior High School residential parking district, be adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, Commissioner Smiley, and Mayor Youngman; those voting No, none. The Commission unanimously requested that this fee structure be reevaluated in 3 years. Continued discussion re deadline for disc .qolf in Lindley Park Included in the Commissioners' packets was a memo from Superintendent of Facilities and Lands Goehrung, dated July 18. City Manager Johnson stated that Michael Delaney has offered to allow a temporary disc golf course on his property just north of Lindley Park. Kate Gardner, 1215 South Grand Avenue, noted a number of people have been out to look at this site; and it is undetermined if this site is going to be suitable for disc golf as there is some concern that this area is too wet to allow play. City Manager Johnson informed her it is the lower area on both sides of the railroad trestle and the area behind the lumber yards. Cary Silberman, 213 Pondera Avenue, A, said the area in question is quite inviting and should work well, and an 18-hole course should fit nicely there. The course at Lindley Park will be pulled this weekend to allow for Sweet Pea set up, and they will just plan to relocate on the Delaney property as soon as the course is ready rather than resetting the present course. He recognized the planning of this temporary course will take a month or so, during which time there won't be any place to play in town. In response to Mayor Youngman's comments, City Manager Johnson said signs will be installed in Lindley Park directing the disc golf players to the new course across the street. Referring to the transition to the new course, Mr. Silberman stated there can be a decent amount of work done by the disc golf club as far as publicity of the change to the new location; but other than that, it will take a certain amount of polite policing, including having positive disc golf articles published in the newspaper to combat misconceptions of the sport. The quicker something like that can occur, the more effective the transition will be and less chaos that will ensue. Myles Eaton, 2400 West Durston Street, #4 and member of the Beautification Committee, stated Committee member Liz Galli-Noble recently returned from a conference held in Washington DC where she heard a report on wrapping trees with the bark removed from other trees to prevent damage. Since there is a log home industry in the area, there should be plenty of bark available for wrapping trees. Ms. Gardner requested Commission support of a proposal asking the University for their help by providing a disc golf course for its students, who make up a large portion of the disc golf playing population. She plans to meet with MSU President Gamble in the near future to discuss this issue. 07-23-2001 -5- Staff presentation forwardinq City Planning Board recommendation on Bozeman 2020 Growth Plan to Commission Included in the Commissioners' packets was a memo from Associate Planner Saunders, dated July 18, attached to which was a list of the changes which the City Planning Board is recommending be made to the March 2001 draft document. Ed Musser, president of the Planning Board, presented copies of the final revisions to the Commission. He thanked the community for its support and involvement, the Planning staff, particularly Chris Saunders, Jody Olsen, and Andy Epple for their hard work, the Commission for allowing them the time to do the plan right, and his fellow members of the Planning Board. Mr. Musser encouraged the Commissioners to review the plan and set a public hearing date to move on to the adoption phase. Mayor Youngman thanked Mr. Musser for his facilitation and leadership on this project, the other Planning Board members for their dedication and hard work, and Planning staff for their open- mindedness and hard work from start to finish. Commissioner Frost noted that 11 years ago the master plan was updated with the help of a consultant; but this plan has been designed by the community, and it is going to stand the test of time because it came from the community and not from the outside. It was moved by Commissioner Brown, seconded by Commissioner Frost, that the Commission set the date of August 13th for the public hearing on the 2020 Growth Plan. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, and Mayor Youngman. Those voting No, none. Request for modification and extension of lease with the Emerson for the Beall Park Art Center Included in the Commissioners' packets was a letter from the Emerson for the Beall Park Art Center, dated July 2, requesting modification and extension of the lease. Aisc included in the packet was a copy of the proposed lease, as prepared by City Manager Johnson. City Manager Johnson stated the proposed lease reads as it does because these recommendations are being made from a fiscal point of view. The City is asking that if the Emerson stays in the building, they pay for the maintenance of the building, including major maintenance. The City Manager is also suggesting a charge of $1 per square foot for the first ,year and increasing by $1 per square foot every year after that, for five years. Another reason for adding the cost factors into the building lease is because the City leases external space currently, as well as having employees working in office spaces that are windowless and less than desirable. Some of those employees could be moved into this building, which would improve their work environment; and the City could use those windowless spaces as storage units, thus eliminating the continued need to rent storage space in other buildings. Gwen Arnesson, Emerson Cultural Center, 111 South Grand Avenue, thanked the City Manager for his openness and quick turnaround on this lease request. The Emerson knew the City didn't want to renew this lease a year ago, but major programming is taking place at the Beall Park Art Center; and although they have tried to figure out how to move those programs over to the Emerson, they've not been successful. Ms. Arnesson stated the cost is not a problem with the Board, nor is the 5-year lease. They hope to have all their programs moved to the Emerson and out of Beall Park in 3 years. However, there are several points of issue with the Board; the first being they would like the lease to begin on February 1, 2002. Secondly, they feel that, as lessees, they should not have to be responsible for any outside maintenance. They have spent over $34,000 on maintaining that building thus far as it is. Thirdly, they would like a 12-month written notice clause added for eviction or vacation. Commissioner Frost asked Ms. Arnesson what the Emerson Cultural Center charges its tenants, to which she replied $5 to $11 per square foot. 07-23-2001 6- Mayor Youngman opened the public hearing. Ellen Ornitz, Beall Park Art Center, 409 North Bozeman Avenue, said over 7,000 people come to participate in the exhibits and educational programs there. Their programs are growing every year and have a large economic impact on the community. She stated the city should be proud of this facility. Joanne Eaton, 2400 West Durston Street, #4 and treasurer of the Emerson Cultural Center Board, noted the Emerson supports programs and exhibits at a cost of $60,000 per year, in addition to the other expenses incurred. They, too, would like to have all their programs located at the Emerson, which they plan to do as soon as possible, so the community will realize the support is coming from the Emerson. The Board appreciates the City's support by allowing them to use the Beall Park building until they can move all programs to the Emerson. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. Commissioner Smiley said she had no problem with changing the date when the lease begins or the 12-month notice of cancellation or vacation of the lease; but she does believe the charges should be retained as proposed by the City Manager, particularly since it is still a lot less than the Emerson charges its tenants. Commissioner Frost stated the Emerson has been good stewards of this building, and he would like the City to give them a little larger break and not make them responsible for maintenance of the exterior. This community needs the arts, and it is important for city government to help support that. He supports the changes proposed by the Emerson. Mayor Youngman agreed the City should maintain the exterior of the building; and she, too, is comfortable with all the Emerson's proposed changes to the lease. Commissioner Brown also agreed to make the change regarding the exterior maintenance of the building. He stated he would prefer a 6 month cancellation/vacation notice rather than 12 months. Commissioner Kirchhoff noted the Commission needs to be responsible to both the needs of the city and the arts. The Commissioners unanimously agreed to change the beginning date of the new lease to February 1,2002, agreed to the 12 month cancellation/vacation clause, and agreed to the City being responsible for the exterior maintenance of the building. City Attorney Luwe told the Commissioners this particular lease has some benefits added for the Emerson that are not normally included in the City's standard lease. It was moved by Commissioner Frost, seconded by Commissioner Smiley, to authorize the City Manager to sign the lease with the Emerson for the Beall Park Art Center, with the following changes. Item 10. Cancellation of Lease be changed to 12 months written notice of termination; Item 2. Terms be changed to begin on February 1, 2002; Item 4. Care of Premises, Improvements by Lessee be changed to lessee will be responsible for the care of the interior of the building .... and Lessee will be responsible for providing full janitorial service, maintenance of general wear and tear of plumbing and heating fixtures, light fixtures, bulbs, and paying of all utilities. In no event, however, will the lessee's responsibilities extend to the toilet facilities located outside the building on the west side, The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, and Mayor Youngman; those voting No, none. Depository Bonds and Pledged Securities as of June 30, 2001 Commissioner Smiley asked to have this item postponed for one week, until July 30th, since neither she nor Commissioner Kirchhoff have had the opportunity to examine the receipts of Depository Bonds and Pledged Securities. 07-23-2001 7- Appointments to {a) Beautification Advisory Board, (b) Downtown Bozeman Improvement District Board (IDB), and (c) Youth Representative to the Recreation and Parks Advisory Board Included in the Commissioners' packets was a memo from Deputy Clerk of the Commission DeLathower, dated July 19, forwarding applicants for the vacancies on these boards. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that Christopher Nixon be appointed to replace Dawn Smith on the Beautification Advisory Board, with a term to expire on June 30, 2002. That Robert Lashaway be appointed to replace Keith Swenson on the Downtown Bozeman Improvement District Board (IDB), with a term to expire on June 30, 2003. That Josh Mosby be reappointed as a student representative to the Recreation and Parks Advisory Board, with a term to expire on June 30, 2002. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, and Mayor Youngman; those voting No, none. Break 7:17 pm Mayor Youngman declared a break from 7:17 pm until 7:20 pm, in accordance with Commission policy. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1) Letter from Clerk and Recorder Shelley Vance, dated July 17, announcing that she has determined a primary election is not needed. (2) Memo from Street/Sanitation Superintendent Roger Sicz, dated July 12, forwarding a revision to the July 3 Headwaters Recycling newsletter to reflect that the final total of recycled products was 5,216 tons for the fiscal year rather than the 5,084 tons initially reported. (3) Copy of an article entitled Landfills Make Mercury More Toxic, as published in the July 7 edition of Science News. (4) Letter from Mary Ellen and Christopher Spogis, 613 North Tracy Avenue, dated July 16, forwarding pictures and voicing concern about the recent "Warped Tour" concert at the Fairgrounds and the impacts it had on the adjacent neighborhood. (5) Copy of a press release from COP Construction, announcing that work on the water main extension, primarily along Highway 10, will begin on July 23. (6) Letter from the Recreation and Parks Advisory Board to the City Commission requesting that the City fund the flooding of all four skating rinks during the upcoming winter season. (7) Revised minutes from the City-County Board of Health meeting held on May 24, 2001. (8) Minutes from the Gallatin Local Water Quality District meeting held on June 7, 2001. (9) Agenda for the School Board meeting to be held at 7:00 p.m. on Monday, July 23, at the Willson School. (10) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, July 24, at the Professional Building. (11) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, July 24, at the Professional Building. 07-23-2001 -8- (12) Agenda for the Montana Transportation Commission meeting to be held on August 2 in Glasgow. City Manager Johnson offered the following FYI items: 1) Following a meeting with Karst Stage and the Northeast Neighborhood Association, a few "no parking" signs will be reinstalled on North Wallace Avenue, near the Karst Stage bus barn. 2) Received an e-mail from Administrative Services Director Gamradt asking if one of the Commissioners wanted to serve on the Request For Proposal review committee for the general obligation bonds; Commissioner Brown volunteered to do so. 3) Enjoyed volunteering at the air show on Friday. 4) Attended the awards ceremony for the police officer Medals of Valor in Helena. Officer Sam Hasz, this year's recipient, will be coming before the Commission in the near future to display his award and tell his story. During his FYI, Planning Director Epple stated they are having difficulty filling the Urban Designer position, and they continue to be short-staffed. 2) The new Historic Preservation Planner will be starting the end of August. 3) He will be conducting a training session with the Design Review Board this week. 4) Met with Hinesleys last week, and they are planning to continue with their annexation proposal. Director of Public Service Arkell noted these FYI items: 1) The solvent site water main construction began today. 2) The Hinesleys have submitted an application to the County requesting a master plan amendment to allow them to develop at urban densities in the county. 3) She will be out of the office next Monday when the Cecich request comes before the Commission, so she does want to inform the Commission that there isn't the requested $91,000 in the water budget. 4) The City Shops are planning to have a Sweet Pea float entry. During his FYI, Commissioner Frost offered the following: 1) He was part of a group that went to look at the Stoneridge development last week. The creek and landscaping are "screwed up" and noxious weeds are a problem. Commissioner Brown added the following FYI items: 1) He attended the League of Cities meeting last week. Handouts will be duplicated and put in the Commissioner boxes. 2) He suggested a Commissioner should attend the RightNow Technologies Grand Opening on Thursday, but he will not be able to do so. Mayor Youngman noted these items during her FYI: 1) Gallatin Development Corporation placed a congratulatory ad in Saturday's newspaper for the Ali-America City Award. 2) Asked how the lighting district for Allison Subdivision is progressing. City Manager Johnson responded the resolution is done and will be on Monday's agenda. 3) She will be meeting with lots of international visitors next week. 4) The Commission needs to start working on the Sweet Pea float, and they need a driver. 5) There will be a living wage facilitator meeting tomorrow. 6) There will be two smoke-free ordinances coming forward - one from restauranteurs and one from Tobacco Free Gallatin County. She is starting to have second thoughts if there needs to be facilitation on this issue. Commissioner Kirchhoff offered the following during his FYI: 1 ) He doesn't believe there needs to be a smoke-free facilitation session. 2) He and administrative staff members met with Gene Gibson and Bob Denney from the Forest Service regarding possible Forest Service acquisition of city landholdings in the Sourdough watershed. During her FYI, Commissioner Smiley stated she has received the Statement of Qualification documents from the Engineering Department for review. Continued public hearing - request for modification of Condition No. 8 of approval for Kagy Crossroads Subdivision - C&H Engineering for David Cecich - requiring approval of cost sharing prior to installation of certain water mains (southwest corner of intersection of South 19th Avenue and Remington Way) (P-9751A) This was the time and place set for the continued public hearing on the request for modification of Condition no. 8 of approval for the Kagy Crossroads Subdivision under Application No. P-9751A, as requested by C&H Engineering for David Cecich, requiring the approval of cost sharing 07-23-2001 -9- prior to installation of certain water mains. The subject property is located at the southwest corner of the intersection of South 19th Avenue and Remington Way. Mayor Youngman reopened the public hearing. Distributed just prior to the meeting was a letter dated July 23 from Tom Stonecipher, attorney representing David Cecich, requesting that this public hearing be continued to July 30, 2001. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the continued public hearing on the request for modification of Condition No. 8 of approval for Kagy Crossroads Subdivision, southwest corner of intersection of South 19'h Avenue and Remington Way, requiring approval of cost sharing prior to installation of certain water mains, be continued until July 30, 2001. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, Commissioner Smiley, and Mayor Youngman; those voting No, none. Public hearing - intent to annex 8.2 acres located in the W%, E¼, SE% , SW~4 of Section 35, .TLS, R5E, MPM (north side of Baxter Lane, west of Thomas Drive) - Rick Syme and Robyn Darvis {A-0104) This was the time and place set for the public hearing on the intent to annex 8.2 acres located along the north side of Baxter Lane, west of Thomas Drive, under Application No. A-0104, as set by Commission Resolution No. 3448, entitled: COMMISSION RESOLUTION NO. 3448 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Mayor Youngman opened the public hearing. Assistant Planner Caroline presented the staff report. She stated that staff has reviewed this application in light of the goals and policies set forth in Commission Resolution No. 3137, and staff's comprehensive findings are contained in the written staff report. She briefly summarized those findings, noting that staff has found the application does not conflict with any of the four goals and will generally comply with the eleven policies if the following are addressed in conjunction with the annexation: The Annexation Agreement, which addresses all conditions placed on the annexation application by the City Commission, shall be returned to the City of Bozeman Planning and Community Development Department within one year of a City Commission decision to annex the property, or annexation approval shall be null and void. The applicant shall submit an annexation map with a legal description of the property with the Annexation Agreement. The map must be supplied on a mylar (18" x 24") for City records and on either letter or legal size paper for recording with the Annexation Agreement by the Gallatin County Clerk and Recorder. One digital copy must also be provided to the Planning Department. The maps must be acceptable to the Director of Public Service. o The Annexation Agreement shall contain a section that the landowner acknowledges and agrees that usable water rights or cash-in-lieu thereof must be provided to the City of Bozeman per policy number 5 of Commission Resolution 3137 prior to final plat approval, final site plan approval, or the 07-23-2001 10- issuance of any building permit, whichever first occurs. The amount of water rights or cash-in-lieu will be determined by the Director of Public Service at the time of such development. Water mains extended from the 12" municipal water main in the Thomas Drive right-of-way must be looped. These mains must be designed to provide for future extension. This proposed development and all existing dwelling units must be connected to the municipal water and sanitary sewer systems. Applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of SlDs for the following: Street improvements including paving, curb/gutter, drainage facilities for the following streets: a. Baxter Lane b. Thomas Lane/North 27th Avenue sidewalk, and storm Water a. b. main improvements for trunk water lines including the following: Baxter Lane water lines Davis Lane/Fowler Lane water lines Sewer a. mains to serve the property as follows: Any sewer main that will allow for gravity collection service to the property A payback district may be created for the signalization improvements at the intersection of Baxter Lane and North 19 Avenue. If the district is created, the applicant will be required to make full payment at the time of creation. The owner shall provide public street and utility easements for Baxter Lane. If there is an existing 30-foot easement or dedication, a 15-foot easement (remaining portion of the required one half of the 90 foot total width) shall be granted. If there is no existing dedication or easement, an easement for the entire 45 feet will be required. Upon annexation and upon availability of service, all dwellings shall connect to city water and sewer services. Commissioner Frost asked what is planned for access to this property. Ms. Caroline replied there is an ingress/egress north off of Baxter Lane, and there is a 60-foot easement between lots 4 and 5 of the Baxter Lane Subdivision to allow access to Thomas Drive. Trina Kallenbach, developer, stated they have an agreement to purchase an easement between lots 4 and 5, Baxter Lane Subdivision, to allow access to Thomas Drive, as well as an agreement with Gene Graf to consider aligning a roadway within the Gallatin Center Subdivision to align with this 60- foot easement. Bruce Campbell, 1163 Thomas Drive, stated he is opposed to the annexation and development of this property. He has heard there could be as many as 100 living units on this parcel, which is less than 10 acres, and that is too heavily populated. Also there is livestock pastured in an adjoining field, so there will be complaints of kids and dogs harassing the livestock. Debbie Campbell, 1163 Thomas Drive, is also opposed to this development because of the volume of traffic on Baxter Lane, which will be "horrendous". She, too, feels the density proposed for this area will be too great. She also doesn't want 2- or 3-story buildings built along the back of her property. 07-23-2001 -11 - Ms. Kallenbach stated a meeting was held with the adjoining property owners regarding what she and Mr. Bentley are proposing for this area, and she believes it was helpful. She also has explored prices of properties adjoining R-3 zoned areas for the benefit of the current property owners. She indicated she would like to have another meeting with the neighbors when they have a layout of their project, which will be finalized after they get approval of the zoning designation. She intends to pursue any possible conflicts and try to mitigate them early on. She said she doesn't anticipate condominium owners having large numbers of dogs and kids. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. Commissioner Kirchhoff stated that, from the point of view of having as much information as possible to make enlightened decisions, he would like to see an overall plan of the area so the Commission will know what to expect from future development. He said he has no doubt this area will be undergoing significant changes that will accompany further development, and he is appreciative of Ms. Kallenbach's concern and efforts. Commissioner Smiley offered that she is encouraged that Ms. Kallenbach and Mr. Bentley are not big developers but are still trying to provide housing in this community. She wants the City to be able to allow small developers, as well as the large ones, to provide housing. Commissioner Kirchhoff pointed out there are a lot of traffic patterns in Bozeman that don't make a lot of sense, and he is expressing his preference for grid street patterns which make for more fluid traffic flow. He stated he would like to continue this process but would like the concerns of transportation networking and logical street connections addressed, while processing an annexation agreement that will make sense and not hinder this application. His intention is not to put all of this onto this applicant, but to come up with a plan that will set a template for those to come to follow. City Attorney Luwe reminded the Commission that until they approve the annexation agreement, they haven't annexed the land. He suggested they tell staff what they want included in the annexation agreement this evening so their ideas can be included in the first draft. Commissioner Frost stated that, in general, he would feel much more comfortable if the Commission received maps in large scale indicating the surrounding area to help locate the property and where streets are to aid in making decisions. Planning Director Epple said the next step these applicants should engage in is pre-application of the subdivision, and staff will work at that time to expand the vision into the broader neighborhood. They will primarily be working to identify the east/west connection and how it will serve going farther to the west toward Baxter Meadows and Davis Lane. If the applicants agree, the pre-application plan can be brought to the Commission for concept review before the preliminary plat is prepared. Commissioner Kirchhoff responded he would like a pre-application informal review, and he anticipates a presentation by staff indicating how this is connecting to the surrounding roadways. Commissioner Frost mentioned the alignment between Deadman's Gulch and Catron Street doesn't match. Planning Director Epple replied they were originally intended to be in a continuous alignment; but the Cattail Creek developers proposed, and the Commission endorsed, Deadman's Gulch curving to avoid a wetlands area on the southern tip of that property. Commissioner Frost stated that is the argument they are making; the entire area should have been looked at and the roadway planned accordingly. It should have been noticed there were wetlands in that area. The City is not developing a good transportation system this way. He does not, however, have a problem with this annexation application. Commissioner Brown offered he would favor moving ahead with this annexation. He feels confident the Commission has made its desires known to staff regarding transportation issues. Commissioner Smiley asked for more information from staff regarding the street systems of future projects. 07-23-2001 12- Commissioner Frost asked to have wording similar to "the applicant will work to make street connections to the east and west" a part of the annexation agreement. City Attorney Luwe pointed out it is not necessary to make that desire a part of the motion because staff has received that direction from the Commission. By straw vote, all Commissioners indicated they are supportive of having street connections made a part of this annexation agreement. It was moved by Commissioner Brown, seconded by Commissioner Frost, to direct staff to bring back an annexation agreement for review and possible action by the Commission. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, and Mayor Youngman; those voting No, none. Public hearing - Zone Map Amendment - C&H Engineering for Rick Syme and Robyn Darvis - establish initial zoning designation of "R-3" on 8.2-acre parcel located in the W~, E~, SE% , SW¼ of Section 35, TlS, RSE, MPM {north side of Baxter Lane, west of Thomas Drive) (Z-01074) This was the time and place set for the Zone Map Amendment requested by Rick Syme and Robyn Darvis under Application No. Z-01074, to establish an initial zoning designation of "R-3", Residential--Medium density, on an 8.2-acre parcel located in the West one-half, East one-half, Southeast one-quarter, Southwest one-quarter of Section 35, Township 1 South, Range 5 East, Montana Principal Meridian. The subject property is located along the north side of Baxter Lane, west of Thomas Drive. Mayor Youngman opened the public hearing. Assistant Planner Caroline presented the staff report, noting the property is currently county zoned; and the applicants desire R-3 zoning within the city. Commissioner Brown noted the proposed density is unclear. Assistant Planner Caroline replied the maximum density is 12 units per acre; and there is approximately 6 acres of buildable area, so there should be around 72 units maximum at buildout. Van Bryan, Apogee Architects, said they want to hit a target market of 900 - 950 square feet per unit to make more affordable units, which leaves a footprint of 4,000 to 4,500 square feet. They do not plan to use the additional square footage of the land; they are trying to provide a great deal of open space around the units. Also, there is enough room on this site to accommodate a variety of traffic plans. Commissioner Kirchhoff asked Mr. Bryan in what way the already developed Thomas Lane single-family residences are influencing the thinking with regard to planning this development. Mr. Bryan replied the majority of those homes are facing Thomas Lane, so this development will be in their back yards. They are trying to position these new units so back yards will meet back yards; and they are trying to provide some sort of screening. Commissioner Kirchhoff then inquired as to what types of units are being planned. Mr. Bryan stated they are planning to construct condominiums, which will share a common interior wall. These units will be no taller than two levels, below the 23 - 24 foot building height, and will be fairly square to maintain affordability. Mrs. Campbell said she really doesn't want these units against her fence; and if 2-story units are built, they will have to put up a very large fence. They object to being fenced in by the city, when they are not a part of the city. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. Commissioner Smiley stated Bozeman doesn't have enough housing, particularly affordable housing, it is, indeed, difficult to see these changes happening to families, but there are people 07-23-2001 -13- leaving town every day because they can't afford to live here; and the City needs to continue to encourage housing construction. Mayor Youngman noted this is one of the reasons the city is working with the county to try to have urban development patterns so there aren't situations like this. The city has already grown into the Thomas Drive area, and there is no way to deal with urban neighborhoods that are wrapped by the city. There is no good answer that ideally serves everyone's needs; if the Commission were to say no to this project, the county would develop this. Commissioner Frost added the way this area is set up now, it is a good mixed area. The Commission's job is to make sure multi-family units fit in; there doesn't need to be 8 acres of the same thing. It was moved by Commissioner Frost, seconded by Commissioner Smiley, to direct staff to bring back for possible action by the Commission an ordinance amending Bozeman's Zone Map to initially classify the land as "R-3" as recommended by the Zoning Commission in Resolution Z-01074, after annexation and applicant providing an acceptable legal description. The motion carried by the following Aye and No vote: Those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, and Mayor Youngman; those voting No, none. Public hearing - Certificate of Appropriateness with deviations from Section 18.16.050., Bozeman Municipal Code, to allow construction of new detached carriage house/garage which encroaches 5 feet into the required 5-foot side yard setback on Lots 1-5, Block 17, Capitol Hill Addition - lan Woods, 304 West Cleveland Street (Z-01096) This was the time and place set for the public hearing on the Certificate of Appropriateness requested by lan Woods under Application No. Z-01096, with deviations from Section 18.16.050 of the Bozeman Municipal Code to allow construction of a new detached carriage house/garage which encroaches 5 feet into the required 5-foot side yard setback on Lots 1 through 5, Block 17, Capitol Hill Addition. The subject property is located at 304 West Cleveland Street. Mayor Youngman opened the public hearing. Assistant Planner Caroline presented the staff report, highlighting the one condition and two code provisions outlined in the staff report. Planning Director Epple suggested a modification to the conditions, adding that no portion of the eave overhang the public right of way. John Brittingham, representing lan Woods, said they are aware no overhangs can reach beyond the property line. Mr. Woods is trying to return this historic structure back to its original Fred Willson design. The orientation of the existing garage is consistent with the orientation of the proposed carriage house, and there are several homes in the vicinity whose carriage houses/garages are also located on the property lines. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. Commissioner Smiley suggested the Commission could add an additional condition, one prohibiting the overhanging of eaves. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the Certificate of Appropriateness requested by lan Woods under Application No. Z-01096, with deviations from Section 18.16.050 of the Bozeman Municipal Code to allow construction of a new detached carriage house/garage which encroaches 5 feet into the required 5-foot side yard setback on Lots 1 through 5, Block 17, Capitol Hill Addition, be approved subject to the following conditions: The second floor area above the two-car garage shall not be converted nor rented as an apartment without the proper review and approval of the Office of Planning and Community Development. 07-23-2001 -14- The project shall be constructed as approved and conditioned in the Certificate of Appropriateness application. Any modifications to the submitted and approved drawings shall invalidate the project's approval, unless the applicant submits the proposed modifications for review and approval by the Planning Office prior to undertaking said modifications, as required by Section 18.62.040 of the Bozeman zoning ordinance. The applicant shall obtain a building permit within one year of Certificate of Appropriateness approval or this approval shall become null and void. No portion of the eave of the carriage house/garage may extend over the right- of-way or property line. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, and Mayor Youngman; those voting No, none. Public hearing - Minor Site Plan and Certificate of AoDrooriateness - wHo Design for Gary Foster - to allow construction of an office/warehouse building on Lots 1, 2 and 3, Block 50, and Lots 22 and 23, Block 53, Northern Pacific Addition, totalinq approximately 11,425 square feet, with deviations from Sections 18.50.110.F. and 18.49.060.A., Bozeman Municipal Code, to relax off-street parking requirements by 5 spaces and to allow paving the front and corner side yards instead of providing required landscaping (421 North Broadway Avenue) (Z-01095} This was the time and place set for the public hearing on the Minor Site Plan and Certificate of Appropriateness requested by wHo Design for Gary Foster under Application No. Z-01095, to allow the construction of an office/warehouse building on Lots 1, 2 and 3, Block 50, and Lots 22 and 23, Block 53, Northern Pacific Addition, totaling approximately 11,425 square feet. In conjunction with this application is a request for deviations from Sections 18.50.110.F. and 18.49.060.A. of the Bozeman Municipal Code, to relax off-street parking requirements by 5 spaces and to allow paving the front and corner side yards instead of providing required landscaping. The subject property is located at 421 North Broadway Avenue. Mayor Youngman opened the public hearing. Assistant Planner Monroe presented the staff report, noting this property is located in the Neighborhood Conservation Overlay District, and is zoned M-1. Staff recommends conditional approval. The applicants are in agreement with all conditions, except number 1; they are comfortable with curb and gutter installation, but not the paving of 32 feet of right-of-way on Avocado Street. Commissioner Frost asked how wide the alley is, to which Mr. Monroe replied 16 feet. Commissioner Frost noted there is a truck/trailer parked on the west side of the alley and asked if that is encroaching into the alleyway. Assistant Planner Monroe responded it is parked on the owners' property. Bill Hicks, wHo Design, stated the applicants are willing to make the concessions the Design Review Board required, including moving the shipping area to the alley and entering into a maintenance agreement with the City to maintain the alley. However, Meadow Gold uses that alley 90 percent of the time, as well as parking their trucks in the alley, compared to the 10 percent of the time the applicant would be using the alley. Mr. Hicks continued, saying this project will not be adding any vehicular traffic to the area; and it is not appropriate to make the applicant pay for street installation for a street that was installed incorrectly in the first place. They are agreeable to putting in curb and gutter along Avocado Street and adding landscaping at the corner to help with the buffering of traffic; they are interested in improving the corner to make it more safe. Regarding condition 4, requiring landscape screening between the proposed structure and the residence to the south, Mr. Hicks noted currently there is a privacy fence along that property line; and 07-23-2001 -15- the applicant is opposed to adding landscape screening because it will collect blowing garbage, becoming an eyesore. The applicant is also talking to the neighbor to obtain the first right of refusal to purchase the property to the south for future expansion. Mr. Hicks stated he had discussed the need for improvements to Avocado Street with staff, but the Design Review Board didn't decide until their last meeting that they wanted the applicant to rework the street and make all the street improvements. If the Commission requires that, it will "kill" this project and the existing building will remain on this site. The entire northeast neighborhood would like to see the improvement of this corner, but that won't happen if all these street improvements are required. The applicant believes the street should be left alone at this point until there is an SID in place to make it affordable for everyone, and then have the entire street reworked correctly. By improving this site, the applicant is hoping to encourage other building owners in the area to modify and improve their buildings as well. Commissioner Smiley asked staff why the applicant couldn't file a waiver of right to protest street improvements. Planning Director Epple responded that is an option, but in the end Planning and Engineering felt this is a corner that needs definition. Commissioner Smiley stated her agreement, but said it doesn't seem appropriate to make one property owner fix the entire street. Planning Director Epple asked Mr. Hicks exactly what they are proposing. Mr. Hicks responded Engineering Assistant Kerr told them there is no need for curb and gutter installation now because it will be torn up. He proposed the applicant put in a drainage swale as part of the landscaping installation, with sidewalks being installed at the same time. Commissioner Frost stated they cannot plant trees without curbs to stop cars from crashing into them. Mr. Hicks replied they are planting the trees in the required location so they will be in the correct position when the street improvements are made. Commissioner Frost reiterated it doesn't make any sense to plant trees that will be open to destruction by vehicles. Director of Public Service Arkell noted that through formal review it was recognized that, for consistency, the City asks for street improvements at the time of development/improvement. She added she was surprised to see condition number 6 included in the staff report because during the review the applicant was told they would be required to pave the alley if they were going to be using it. The City does not enter into maintenance agreements to maintain alleys, and she would like that language, regarding alley maintenance, removed from that condition. Commissioner Smiley stated her preference for the applicant to file a waiver of right to protest street improvements to Avocado Street. Commissioner Brown agreed they need to file a waiver of right to protest street improvements, adding it is unfair to expect the applicant to improve a street that is such a mess. Mayor Youngman asked how the trees would be protected if the street improvements weren't made at this time. Director of Public Service Arkell noted there are areas throughout town that have wheel stops or railroad ties installed to protect the trees. Commissioner Frost agreed wheel stops, which are high enough to protect the trees, would work in the short term. Mr. Hicks said the requirement for paving the alley is another source of contention. It was a big concern to not have street unloading, as is seen throughout other portions of town, but they do want to provide a safe place for unloading. Therefore, the applicant has agreed to move the unloading area to the alley, but they do not feel they should be required to pave the alley because of that. Director of Public Service Arkell stated the standard recommendation is to require alley paving for commercial use, but there are gravel alleys in other commercial areas throughout the city. Mr. Hicks said Meadow Gold has between 10 and 12 trucks per day using the alley, and the alley is not deteriorating. The applicant will only have one truck per week accessing the alley. If their use would change, they would be responsive to paving the alley at that time. They will pave the drive approach at this time, however. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. 07-23-2001 -16- It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the Minor Site Plan and Certificate of Appropriateness requested by wHo Design for Gary Foster under Application No. Z-01095, to allow the construction of an office/warehouse building on Lots 1, 2 and 3, Block 50, and Lots 22 and 23, Block 53, Northern Pacific Addition, totaling approximately 11,425 square feet, with deviations from Sections 18.50.110.F. and 18.49.060.A. of the Bozeman Municipal Code, to relax off-street parking requirements by 5 spaces and to allow paving the front and corner side yards instead of providing required landscaping, be approved subject to the following conditions: Applicant will enter into Waiver of Right-to-Protest Special Improvement District (SlD) Agreement with the City of Bozeman for future improvements along Avocado Street, which shall include curb, gutter, and street paving. A city standard sidewalk, as proposed, shall be constructed one (1) foot off property line on Avocado Street, with boulevard street trees planted as shown on the revised site plan. Temporary curbing in the form of concrete pin-down wheel stops shall be placed as a means of landscape protection in the Avocado Street right-of-way with the exact location to be subject to review and approval from the City Planning and Engineering Departments. A boulevard sidewalk pedestrian ramp would be required at the corner of Avocado Street and Broadway Avenue (City of Bozeman Standard Drawing No. 02529-8). That the applicant remove the driveway area between the North Broadway Avenue access drive and the north parking lot area and replace landscaping in this front corner yard area. The applicant shall open an access to the alley and extend the concrete apron to the alley and shall enter into a maintenance agreement with the City of Bozeman for the property owner to gravel and maintain the alley to accommodate trucks. Prior to final site plan approval, the Design Review Broad will review the final site plan and a licensed landscape nursery person will review the proposed landscape materials. That the applicant obtain a building permit within one (1) year of receiving a Certificate of Appropriateness and minor site plan review approval and prior to proceeding with construction of the project. The final improvement drawing shall be adequately dimensioned. A legend of all pertinent line types used shall also be provided. 8. All existing utility and other easements must be shown on the final site plan. A Stormwater Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease, and other pollutants must be provided to and approved by the City Engineer. The overall plan must demonstrate adequate site drainage (including drainage directions, sufficient spot elevations, and required drainage swale locations and typical sections, stormwater retention/detention basin details (including basin sizing and discharge calculations, pond typical sections (3:1 maximum permissible side slopes), and inlet and discharge structure details), stormwater discharge destination, and a stormwater maintenance plan. The Stormwater Drainage/Treatment Grading Plan and Maintenance Plan should be coordinated with landscape planning so that trees and shrubs which do not proliferate in standing water are located outside of designated stormwater retention ponds. 07-23-2001 -17- 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. Drywells are permitted for detention of stormwater runoff associated only with roof drains. Stormwater runoff from parking areas, etc. is prohibited from entering drywells. Existing sewer and water mains and services shall be clearly identified as existing. Sewer and water services shall be approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. Where services cross under retention ponds, culverts, and/or drainage swales, adequate cover shall be maintained. Concrete curbing shall be provided around the entire new parking lot perimeter and adequately identified on the plans. In addition, the appropriate concrete curb and gutter details (standard, inverted, drop, etc.) and typical asphalt paving section detail shall be provided to and approved by the City Engineer. The proposed drive approaches providing access to and from Avocado Street and Broadway Avenue shall be constructed in accordance with the City's standard non-residential driveway approach (City of Bozeman Standard Drawing No. 02529-11). Pursuant to Section 18.50.030.D. Water and Sanitary Sewer System Requirements of the Bozeman Zoning Ordinance, connection to city water service shall be required prior to issuance of any building permit, unless a deviation or variance is granted by the governing body. Plans and specifications for any fire service line shall be prepared in accordance with the City's Fire Service Line Policy by a professional engineer, licensed in the state of Montana, and be provided to and approved by the City Engineer prior to initiation of construction of the fire service or fire protection system. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Existing and proposed stormwater drainage facilities shall be clearly identified. A water meter and backflow protection device must be installed on the domestic water service. The location and type of back-flow device must comply with the City of Bozeman standard and be approved by the Water Department. The applicant must submit seven (7) final site plans within 6 months of preliminary approval, as well as a written narrative indicating how all conditions of approval have been met. Per Section 18.62.090, "Building Permits and Installation of Improvements", an Improvements Agreement must be signed by the applicant/owner prior to final site plan approval. A building permit will not be issued until the final site plan is approved. If occupancy of the buildings is to occur prior to completion of all required improvements, the Improvements Agreement must be financially guaranteed. All lighting shall comply with Section 18.50.035.A "Glare & Lighting" guidelines. A lighting detail shall be provided on the final site plan for each style of exterior light utilized. All lighting shall be arranged so as to deflect light down and/or away from any adjoining properties and shall not detract from driver visibility on adjacent streets. Luminaires and lenses shall not protrude below the edge of the light fixture. One of the disabled accessible spaces must be signed "Van Accessible" and be 16-feet wide per Section 18.50.110. F.3. 07-23-2001 -18- 22. All utility substations, wells, storage facilities, or other utilities shall be screened from view by a wall, fence, hedge, or landscape screen per Section 18.50.070.E.1. 23. Landscaping must comply with the mandatory landscaping requirements of Section 18.49.070, unless a deviation is approved and show overall design excellence with consideration of the minimum points standards established under Section 18.49.070.The final landscape plan must also: show how permanent irrigation of the artificial lot will occur per Section 18.49.060.1, "Permanent Irrigation" and accurately depict existing and any proposed water and sewer service lines; be in compliance with Section 18.49.030, "Landscaping" which requires at least 75 percent coverage of an area with natural grass, vegetative groundcover, or other natural living plant materials, the remainder of which can be covered with nonvegetative, decorative landscape design elements; Co provide adequate street frontage landscaping within the right-of- way along Avocado Street as provided in Section 18.49.060.E.1, "Street Frontage Landscaping Required"; and be prepared and certified by a registered Montana landscape architect, an individual with a degree in landscape design and 2 years of professional design experience, or an individual with a degree in a related field and at least 5 years of professional design experience per Section 18.49.040.C.3, "Preparation of Landscape Plan". 24. The final site plan shall comply with the City of Bozeman Sign Code as outlined in Section 18.65 of the Bozeman Zoning Ordinance for all proposed signage. Detailed sign proposals and/or signage plan will need to be reviewed for final approval and permitting through the Planning office. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, Commissioner Smiley, and Mayor Youngman; those voting No, none. Break 9:12 pm Mayor Youngman declared a break from 9:12 pm until 9:20 pm, in accordance with Commission policy. Adjournment - 9:53 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Brown, seconded by Commissioner Frost, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, and Mayor Youngman; those voting No, none. 07-23-2001 -19- ATTEST: ROBIN L. SULLIVAN Clerk of the Commission PREPARED BY: KAREN L. DeLATHOWER Deputy Clerk of the Commission 07-23-2001