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HomeMy WebLinkAbout2001-01-16 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA January 16, 2001 The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Tuesday, January 16, 2001, at 3:00 pm. Present were Mayor Youngman, Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, City Manager Johnson, Assistant City Manager Brey (evening session only), Staff Attorney Cooper, Deputy Clerk of the Commission DeLathower (for the afternoon session), and Clerk of the Commission Sullivan (for the evening session). 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, January 24, January 31, February 7, February 14, June 19, October 2, 2000, January 2 and January 8, 2001 It was moved by Commissioner Brown, seconded by Commissioner Frost, that the minutes of the meetings of October 2, 2000, and January 2 and January 8, 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, January 24, January 31, February 7, February 14, and June 19, 2000, to a later date. Ordinance No. 1530 - establish initial zoning designation of "B-2" on 4.24 acres described as Tract B-l, COS No. 1827 (east side of Valley Center Drive, north of its intersection with Catron Street) Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1530, as approved by the City Attorney, entitled: ORDINANCE NO. 1530 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE BOZEMAN ZONE MAP'S ZONING DISTRICT DESIGNATIONS TO ESTABLISH AN INITIAL ZONING DESIGNATION OF "B-2" (COMMUNITY BUSINESS) ON 4.24 ACRES DESCRIBED AS TRACT B-1 OF CERTIFICATE OF SURVEY NO. 1827, SITUATED IN THE NORTHEAST QUARTER OF SECTION 35, TlS, R5E, M.P.M., GALLATIN COUNTY, MONTANA. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that Ordinance No. 1530, establishing an initial zoning designation of "B-2" on the 4.24-acre parcel described as Tract B-1 of Certificate of Survey No. 1827, be finally adopted. The motion carried by the following Aye and No 01-16-2001 -2- vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, and Mayor Youngman; those voting No, none. Ordinance No. 1531 - implementing comprehensive revisions to the zone code, as set forth in Chapter 18 of the Bozeman Municipal Code Included in the Commissioners' packets was a copy of Ordinance No. 1531, as approved by the City Attorney, entitled: ORDINANCE NO. 1531 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE, AS AMENDED BY ORDINANCE NO. 1513, WHICH ORDINANCE IS NOT CURRENTLY CODIFIED IN THE BOZEMAN MUNICIPAL CODE, AND FURTHER AMENDED BY ORDINANCE NO. 1514, WHICH ORDINANCE IS NOT CURRENTLY CODIFIED IN THE BOZEMAN MUNICIPAL CODE, AND FURTHER AMENDED BY ORDINANCE NO. 1516, WHICH ORDINANCE IS NOT CURRENTLY CODIFIED IN THE BOZEMAN MUNICIPAL CODE, AND FURTHER AMENDED BY ORDINANCE NO. 1524, WHICH ORDINANCE IS NOT CURRENTLY CODIFIED IN THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING TITLE 18 OF THE SAID CODE; PROVIDING FOR ACCESSORY DWELLING UNITS IN THE R-l, R-2, AND R-2A DISTRICTS; MODIFYING THE DEFINITION OF "HOUSEHOLD"; MODIFYING THE DEFINITION OF "ACCESSORY"; MODIFYING THE DEFINITION OF "CASINO"; IMPLEMENTING THE NEW DEFINITION OF "HOUSEHOLD" IN SECTIONS 18.12.020, 18.14.020, 18.18.020, 18.20.020; INSERT SECTION 18.42.090.C TO PROVIDE PROTECTION FOR CONTRIBUTING HISTORICAL PROPERTIES; ADD NURSERIES AND TREE FARMS TO THE CONDITIONAL USES IN SECTION 18.12.020.B; ESTABLISH MAXIMUM ALLOWABLE RESIDENTIAL DENSITIES IN CHAPTERS 18.20.18.24, AND 18.26 TO CORRESPOND TO THE REQUIREMENTS OF THE CITY'S COMPREHENSIVE PLAN; ESTABLISH CONSISTENT REVIEW AUTHORITY FOR MINOR SITE PLANS AND CONDITIONAL USE PERMITS IN CHAPTERS 42, 43, 51, AND 52; CORRECT VARIOUS ERRORS IN CITATIONS; AND TO MAKE ALL NOTICING REQUIREMENTS CONFORM TO STATE LAW. Staff Attorney Cooper reminded the Commissioners this ordinance is in response to Commission direction given to staff in October, 2000. He noted there was a significant amount of discussion before modifying the definition of household because of the number of duplexes and modified homes being used as apartments throughout the city. They specifically made sure to change Section 3, Subsection D to four people, rather than eight, so that it now mirrors state statute. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that Ordinance No. 1531, implementing comprehensive revisions to the zone code, be provisionally adopted; and that it be brought back in three weeks for final adoption. 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. 01-16-2001 -3- Appointments tO various boards and commissions: {a) Band Board, (b) Board of Appeals, (c) Bozeman Area Bicycle Advisory Board, (d) Fire Code Board of Appeals, (e) Parking Commission, {f) Tax Increment Financing Industrial District and (~1) Zoninq Commission Included in the Commissioners' packets was a memo from Deputy Clerk of the Commission DeLathower, dated January 11, 2001, forwarding a list of applicants for the various boards and commissions. It was moved by Commissioner Kirchhoff, seconded by Commissioner Frost, that Ron Schimpf be reappointed to the Band Board with a term to expire December 31, 2003, that Sian Mooney be reappointed to the Bozeman Area Bicycle Advisory Board with a term to expire on December 31,2001, that David Koltz be appointed to replace William Arnold on the Bozeman Area Bicycle Advisory Board with a term to expire on December 31, 2001, that Don McLaughlin be appointed to replace Bert Hopeman on the Parking Commission with a term to expire on June 30, 2001, that Felix Arnold be appointed to the Tax Increment Financing Industrial District Board with a term to expire on December 31,2004, and Joanne Eaton be reappointed to the Zoning Commission with a term to expire on January 31,2003. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Frost, Commissioner Smiley, Commissioner Brown, and Mayor Youngman; those voting No, none. It was agreed to wait until applications have been received from specifically trained candidates before making appointments to the Board of Appeals and the Fire Code Board of Appeals. Request from Thomas Mannschreck, Thomas Development Company, for letter of endorsement from the City Commission for tax credit application for Castlebar Apartments, Phase II Included in the Commissioners' packets were a letter of request from Thomas Development Company, dated January 5, a letter from the Community Affordable Housing Advisory Board, dated January 9, forwarding its recommendations regarding this request, and a memo from Senior Planner Skelton, dated January 10, forwarding background information on the Castlebar project. Peg Biekert, Community Affordable Housing Board chairperson, stated the Board was asked to look at this request and forward their recommendation to the Commission. The Board feels this project does meet a need in the community, and they would ask the Commission to support Castlebar Apartments, Phase II with a letter of endorsement. Mayor Youngman expressed her concern there is a lack of units in Phase II for those in or below the 40 percent median income group, which is where the greatest need is in Bozeman. She would like to see at least two units in Phase II targeted to this group. Ms. Barbara Moulton, representing the Thomas Development Company, said they can investigate that possibility; but the high costs of building in this area do not make that economically feasible for them. She noted, however, there are other developers currently looking at providing housing for that targeted group. It was moved by Commissioner Brown, seconded by Commissioner Frost, to support the request from Thomas Mannschreck, Thomas Development Company, for a letter of endorsement from the City Commission for a tax credit application for Castlebar Apartments, Phase II. 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. 01-1 6-2001 -4- It was moved by Commissioner Frost, seconded by Commissioner Smiley, to inform Thomas Mannschreck, the developer, to take note of the need for more housing for those in the 40 percent median income group. 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. Work Session - discussion re recommendations forwarded by Community Affordable Housing Advisory Board and issues to be included in displacement ordinance Included in the Commissioners' packets was a memo from Mayor Youngman, dated January 12, forwarding a list of questions to be considered during the work session and information gathered from other communities. Also included in the packet was a packet of information on affordable housing possibilities for Bozeman, as submitted by the VISTAs. Previously distributed to the Commission were recommendations forwarded by the Community Affordable Housing Advisory Board. In addition to the Commissioners, the following were in attendance for this work session: Community Affordable Housing Advisory Board members - Andy Epple, Peg Biekert, Charles Brodzki, Berit Manion, Travis Schnicke, Lynda Upton, and Caren Roberty and Jeff Rupp as staff support to the Board. Citizens re displacement - Buck Buckholz, Mark Evans, Joe Walsh, and Dab Dabney Others - Phil Rotherham, Cort Felts, Jean Guinn, Susan Dabney, Cliff Chisholm, Scott Johnson, Andy Jackson, Darrell Behrent, Ashley Green, and Cheryn Fairbairn. Mayor Youngman opened this discussion by reviewing the list of questions to be considered for those in attendance who may not have received a copy of them. Mr. Jeff Rupp, Human Resource Development Council, presented a brief overview of the Community Affordable Housing Board's (CAHB) displacement ordinance recommendations to the Commission. He noted the Board was able to reach a consensus on only two types of affordable housing conversions most likely to occur and result in displacing numerous lower-income households. Those two types are the conversion of mobile home parks and the discontinuation of affordability requirements on housing that has received a form of public subsidy. Recommendations from the CAHB for possible inclusion in a displacement ordinance regarding mobile home park conversions include increasing the length of notification period for the tenants, the larger the park, the longer the notification period should be; relocation assistance at different levels for persons leasing a mobile home as opposed to those who own their home and should be limited to Iow- income, elderly, disabled, and special needs families; an extended notification period to the city; sellers should pay a fee per unit, based on the number of bedrooms per unit, to be placed into a replacement housing fund. CAHB also made the following recommendations for owners of affordable housing who are now discontinuing the affordability of those units: an extended notifiCation period to both the city and the tenants, which should be longer for projects with more units; assistance with moving costs for Iow-income, elderly, disabled, and special needs families based on the number of persons in the household; the seller should pay a fee per unit, corresponding with the number of bedrooms per unit, into a replacement housing fund; and that future CAHF loans be tied to the resale right of first refusal for the city. CAHB also recommended that City staff explore an affordable housing linkage fee for new 01-16-2001 5- or expanding businesses, which could be based on square footage and paid into an account to assist with affordable housing development. Ashley Green, VISTA, presented an overview of the tables she provided which show several variations in displacement ordinances. She noted information from Seattle, San Francisco, Eugene, and Beverly Hills was used because these were examples that could be found from an internet search. Cliff Chisholm, 315 South Bozeman, addressed the Commission saying the definition of affordable housing is somewhat confusing and the percentages of income are misleading. He feels the key is to identify who is going to be helped by this ordinance. He also expressed concern as to who will be paying for these subsidies. Mr. Chisholm offered 90 days notice should probably be sufficient for everyone. Dab Dabney, representing Farmhouse Partners, the largest developer of affordable housing units in this area, said he has grave concerns for the unintended consequences of this ordinance, which will be difficult to foresee. He urged those making the decisions and writing the ordinances to search for every possible economic and market consequence of this action. He also noted the only answer to this problem is increasing the supply of new apartment products. He offered the Commission also needs to increase the amount of land zoned R-4 or R-O because the supply is too short and the demand is too high to be affordable. Joe Walsh, 3594 Bridger Canyon Road, reminded the Commissioners they are discussing individuals here, not houses or apartment buildings. He then suggested 90 days tenant notice would be fair in every case. Buck Buckholz, PO Box 3112 and member of the VFW, represented those who were recently displaced and said that without the help of friends, he doesn't know what he would have done. He asked the Commissioners if there is any way to subsidize those who need help, to please do so. Travis Schnecke, the building industry representative on the CAHB, said he has a dissenting opinion from those on the Board; and he cannot support any displacement ordinance whatsoever. This type of proposal is going to continue to drive up the cost of living in Bozeman. He, too, believes the city needs to look toward a new apartment supply to solve this problem rather than trying to maintain older, substandard housing. Jean Guinn, 7 Hodgeman Canyon, said Bozeman is the most difficult location to convert homes into additional living units she has encountered in the last 25 years of buying houses and converting them into duplexes. She challenged the Commission to look at what they are doing to those who want to invest in this city and provide additional housing for the community. She suggested all current requirements should be reevaluated. Commissioner Frost suggested the Commission should determine what they can do to increase the number of affordable units because more units means less need for a displacement ordinance. This would be the most constructive thing for the Commission to do at this point. Mayor Youngman responded in the past suggestions have included speeding up the review process, simplifying and clarifying regulations, reducing fees, and offering tax abatements as possible solutions. Phil Rotherham, 7894 Bridger Canyon Road, proposed the Commission create lists of ideas where time and money can be lopped off of the development process because if builders can't move swiftly, it costs them more money. He noted there will always be those individuals who earn less than a living 01-16-2001 6- wage, and he suggested the Commission should investigate ways to stimulate and encourage new business in this community. Darrell Behrent, 208 Lindley Place, said the only way the market can provide lower rents is to lower the prices of property, and reducing costs is the key. He stated there are lots of property owners who won't get involved in any kind of subsidy programs because they don't want to deal with the government, and the market is such they don't have to. Scott Johnson, 319 North 19 Avenue, told the Commissioners that if they continue to add fees, it will not be affordable for people to build more housing; and they need to be more proactive in providing affordable housing. Andy Jackson, 112 7th Street, Belgrade, Presidential Construction, applauded the City's efforts to provide affordable housing, but pointed out they will not be successful unless it is market driven. They cannot control the market via fiat. Cort Felts, 610 Dell Place, No. 10, asked when did the zoning regulations become so restrictive to builders within the city; and what was the momentum behind that? Commissioner Frost replied zoning in Bozeman has been in place since tlie 1930s and 1940s and was changed drastically after World War II. There was no zoning in the older part of town, and those people built a community; but that isn't legal today because of zoning. After World War II everything was separated because the City felt things weren't working; but Commissioner Frost feels mixed-use neighborhoods do work, citing the northeast neighborhood as an example. He pointed out a lot of cities subsidize affordable housing, but Bozeman doesn't have the money to do that because there isn't a sales.tax. City Manager Johnson asked the Commission who the targeted audience of this ordinance would be. Mayor Youngman responded that is one of the questions to be answered, and they need to talk about targeting too tightly. City Manager Johnson then asked Mr. Dabney what percentage of income does he go down to to allow individuals to rent his apartments. Mr. Dabney replied 50 percent of the median income. Mr. Johnson asked if there was any way to go lower than that, to which Mr. Dabney replied larger units can amortize more, the costs are lower, so they can be rented to lower income individuals. However, there is a serious need in this area for 1 -bedroom apartments, particularly for the elderly, which are not as cost effective for the developer. Mayor Youngman added she has been told it is very difficult to go below the 50 percent median income level, even for the Human Resource Development Council, Interfaith Housing, and others; although that is where the greatest need is. Commissioner Frost proposed that what Bozeman needs is just an emergency ordinance that would include criteria of a lot of people being displaced or the elderly, handicapped, mentally ill, those who are the most in need. Outside of an extreme emergency, enforcement of a displacement ordinance would be very difficult. It was unanimously agreed to bring this item forward for further discussion in early February, 2001. All the Commissioners agreed to individually answer the questions included in the Mayor's memo before the next discussion. C.,onsent Items City Manager Johnson presented to the Commission the following Consent Items. 01-16-2001 -7- Proclamation - "Arbor Day" - April 28, 2000 Commission Resolution No. 3423 - authorize City Manager to sign Change Order No. 2 for water renovation project.- Bi.q X, Inc., Bozeman, Montana - decrease by $77,674.35 COMMISSION RESOLUTION NO. 3423 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING ALTERATION/MODIFICATION OF CONTRACT WITH BIG X, INC., BOZEMAN, MONTANA. Authorize City Manager to sign - Professional Services Agreement for EPA Phase I and Sewer Rehabilitation - between City and Damschen-Entranco, Helena, Montana Authorize City Manager to si,qn - Agreement for Appraisal Services for West Babcock Street project - between City and Blue Star Valuation Services Ratify City Mana.qer's signature on Licensor Consent betwee'n City and 3 Rivers PCS, Inc. Acknowledge receipt of petition from Jerry L. Smania, Van K. Bryan and Dave Sovulewski requesting annexation of a 26.606-acre portion of tract shown on Certificate of Survey No. 115D, located in the SE~ and SW~, Section 32, TlS, R6E, MPM {along south side of Brid.cjer Drive, approximately % mile east of its intersection with Story Mill Road) Acknowledge receipt of staff report - request for annexation of 26.606-acre portion of tract shown on Certificate of Survey No. 11 SD, located in the SE% and SW%, Section 32, TlS, R6E, MPM {along south side of Bridger Drive, approximately ~ mile east of its intersection with Story Mill Road) Building Inspection Division report for December 2000 Claims It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, 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 Smiley, Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, and Mayor Youngman; those voting No, none. Recess - 5:38 p.m. Mayor Youngman declared a recess at 5:38 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearing and completing the routine business items. 01-16-2001 -8- Reconvene - 7:00 p.m. Mayor Youngman reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearing and completing the routine business items. Public hearinq - Conditional Use Permit - Irish American Tavern - allow sale of alcoholic beverages in conjunction with Bennigan's Restaurant, 1320 North 19th Avenue (Z-00136) This was the time and place set for the public hearing on a Conditional Use Permit, as requested by the Irish American Tavern under Application No. Z-00136, to allow the sale of alcoholic beverages in conjunction with a restaurant being constructed on Lot 4, Bridger Peaks Town Center. The restaurant is Bennigan's, located at 1320 North 19th Avenue. Mayor Youngman opened the public hearing Associate Planner Jami Morris presented the staff report. She stated that staff has reviewed this application in light of the criteria set forth in the zone code, and staff's comprehensive findings are contained in the written staff report. She briefly highlighted some of those findings and the recommended conditions for approval. She stated that the number of wall-mounted and post lights is to be reduced substantially, to no more than one per 30 lineal feet of building. She indicated that the acorn lights proposed for the site are not allowed under the zone code. She recognized that, under the guidelines for the Bridger Peaks Town Center, acorn light fixtures are allowed in the center of the development, well away from the streets; however, she noted this subject site is much too close to the street to allow the use of ~uch fixtures. Responding to Commissioner Frost, the Assistant Planner stated the neon tube lighting is to run all of the way around the building, and is to be green and orange. Commissioner Frost responded by voicing his concern about allowing that much of these bright colors. Mr. Charles Jones, architect representing the applicant, stated that the acorn light fixtures come with the franchise of the business. He stated the lights have a metal cap and a decorative eagle on the top, which should alleviate some of the Commission's concerns. He noted that a detail of the light fixture, which is similar to the downtown lights, was submitted along with the plan for the building permit, and no staff concerns were raised. He turned his attention to the neon lighting, stating it is also part of the franchise package. He recognized Commissioner Frost's concern about the vibrant color; however, he noted that the neon tubing will be located in a channel around the building, and it will be covered with a clear lens that will protect the neon tubing and help to soften the color. Mr. Jones next addressed the issue of the lights on the building, indicating the photomatrix for the proposed light fixtures shows that, at 10% feet above finished floor level, they emit a light pattern out 11% feet. He stated the lights are proposed on approximately 36-inch centers and asked that the Commission consider a spacing that is closer than the one in 30 feet recommended by staff. Responding to Commissioner Frost, Mr. Jones stated the type of light fixture proposed for this building is the same as the light fixtures installed on 8-foot centers on the renovated produce building on North 7th Avenue. He indicated that, since they are incandescent, they do not provide the coverage at ground level that a high pressure sodium fixture would. 01-16-2001 -9- At Mayor Youngman's request, Mr. Jones identified the elevation that would be visible from West Oak Street, indicating that trees have been used to screen the building and to break up the visual impacts of that elevation. Responding to questions from Mayor Youngman, Mr. Jones confirmed that the neon lighting will be on at night, at least during the hours of operation. He also indicated that fully shielded security lighting will also be located along that side of the building. Mayor Youngman voiced her concerns about the impacts that the neon lighting might have on the residential neighborhoods located close to this site. Ms. Johanna Mersen, manager of the Bridger Peaks Town Center, characterized the center as interesting to look at, noting it has been compared to the "Madhatter's Tea Party". She stated they look at aesthetics, maintenance and life safety security when considering development within their center; and one of their biggest issues is lighting. She concluded by requesting CommiSsion approval of this application. Assistant Planner Morris reiterated staff's concern about the proposed acorn lighting. She indicated that, if the applicant can provide information that shows the proposed 30-foot spacing for the light fixtures on the building is not adequate, staff is willing to reconsider that recommended condition. Commissioner Frost voiced concern that no trees are proposed along the walkway; rather, they are proposed close to the building. Responding to Commissioner Kirchhoff, Planning Director Andy Epple stated that the Bridger Peaks Town Center was constructed under a planned unit development. He indicated that, under that process, the type of light fixtures installed can be negotiated and they do not need to comply with the zone code requirements. He then noted that he does not believe the entryway corridor design was formal in identifying the exact locations of the tree plantings. Responding to comments from the Commission, Mr. Jones stated the proposed acorn light fixtures are almost 75 feet from the asphalt on North 19th Avenue and they are less than 12 feet tall. He also indicated that they are facing the parking lot and are designed to provide a level of security for pedestrians. Commissioner Frost indicated he could support the acorn lights with Iow wattage bulbs, not exceeding 75 or 100 watts, as long as the fixtures are capped. Mr. Jones proposed that the amount of neon tubing on the building could be reduced, to include neon across the entry facing the parking lot and along the north and east elevations, with the neon on the side facing North 19th Avenue being minimized and eliminated on the side facing West Oak Street. Mr. Charles Jones stated that the issue of boulevard trees was not previously raised. He cautioned that the existing walkway and landscaping belong to the shopping center; and he feels it would be inappropriate to burden this business with additional landscaping in that area. Following close scrutiny of the proposed landscaping along the south side of the site, it was determined that 01-16-2001 -10- the relocation of two proposed trees and the addition of one tree would address the concerns previously expressed by Commissioner Frost. Several of the Commissioners voiced'their appreciation for the applicant's concessions and recognized the resulting benefit. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the Conditional Use Permit, as requested by the Irish American Tavern under Application No. Z-00136, to allow the sale of alcoholic beverages in conjunction with a restaurant being constructed on Lot 4, Bridger Peaks Town Center, be approved, subject to. the following conditions: The acorn style pole lights shall be capped and shall encase a bulb that does not exceed 100 watts. In addition, the wall-mounted and pole-style lights, depicted on each elevation, shall be reduced in number to allow for no more than one light for every thirty linear feet of building facade or as deemed acceptable by the Planning Department. The applicant may submit a schematic demonstrating an alternative lighting plan as long as the amount of light provided is for general safety and a source of ambient light on the patio. The amount of light shall not distract vehicular traffic along North 1 9th Avenue and West Oak Street and shall not disturb adjacent residential properties. The applicant shall provide a lighting plan for the restaurant that identifies the light style, height, type of bulb and wattage prior to final Planning Department approval. The applicant shall provide large canopy, boulevard trees at a rate of one per fifty feet of lot frontage along the south and west lot lines. Proposed trees will either be relocated or additional trees planted 2~ feet from the asphalt trail. o The applicant shall obtain a City of Bozeman Liquor License, and provide the Planning Office with a copy of the license, prior to final approval. ,, A copy of the State Revenue Department On-Premise All Alcohol License to serve liquor at the restaurant at 1320 North 19th Avenue shall be submitted to the Planning Office prior final site plan approval. Furthermore, any expansion, modification, or enlargement in the scope of the on-premise restaurant liquor license or its use, as established as of the-date of issuance of the license, will require another authorized Conditional Use Permit. The right to a Conditional Use Permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. All of the special conditions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his successbrs or assigns, and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the commencement of use. The applicant shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements. The Improvements 01-16-2001 -11 - Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not installed at the time of occupancy. Said method of security shall be valid for a period of not less than twelve (12) months; however, all on-site improvements shall be completed by the applicant within nine (9) months of Planning Department approval. Four (4) copies of the final site plan containing all of the conditions, corrections and modifications approved by the City Commission shall be submitted for review and approval by the Planning Director within six months of the date of approval. Per Section 18.50.035.A "Glare & Lighting", all lighting standards used to illuminate off street parking areas shall be arranged so as to deflect light down and away from adjoining properties and adjacent streets. The lantern style lights shall be replaced with a design that is consistent with the zoning ordinance as well as the design criteria set forth in the covenants for the planned unit development. o Per Section 18.65.120, neon and other gas type transformers shall be limited to sixty milliamperes and fluorescent transformers shall be limited to eight hundred milliamperes to soften light output. Additionally, neon and other gas type signs with exposed tubing shall be equipped with dimmers. The orange and green tube lighting shall be minimized on the North 19th Avenue facing elevation and eliminated on the West Oak Street elevation. The orange' and green tube lighting proposed for the north and east elevations shall be allowed as proposed. Prior to final site plan approval, the applicant shall provide details for the sign amperage and the dimmers. 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. Ordinance No. 1532 - zone code text amendment - allow the concurrent installation of infrastructure improvements and construction of a specific project under specified circumstances, and setting the parameters therefor Distributed just prior to the Commission meeting was a copy of Ordinance No. 1532, as approved by the City Attorney, entitled: ORDINANCE NO. 1532 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA PROVIDING THAT THE BOZEMAN MUNICIPAL CODE, AS AMENDED BY ORDINANCES 1513, 1514, 1516, 1524 AND 1531, WHICH ORDINANCES ARE NOT CURRENTLY CODIFIED IN THE BOZEMAN MUNICIPAL CODE, BE AMENDED BY REVISING SECTIONS 18.50.030.D, 18.50.100.A, AND 18.62.090.A; PROVIDING FOR THE CONCURRENT INSTALLATION OF INFRASTRUCTURE IMPROVEMENTS AND 01-16-2001 -12- CONSTRUCTION OF A SPECIFIC PROJECT UNDER SPECIFIED CIRCUMSTANCES, AND SETTING THE PARAMETERS THEREFOR. City Manager Clark Johnson stated that this ordinance is to allow for simultaneous construction of infrastructure and a specific project. He recognized that this and the next ordinance are subject to a different process from that typically followed, since staff is seeking provisional adoption at this time, followed by public hearings before the Zoning Commission on February 1 and the City Commission on February 5, after which the Commission could finally adopt the ordinance. He stated this is the fastest that the changes can be processed under the statutory provisions for zone code changes without invoking an urgency zoning measure or an emergency ordinance process. He assured the Commission that, as long as this option is provided for projects constructed under a planned unit development (PUD) or a traditional neighborhood development (TND), adequate safeguards remain in place to ensure that public health, safety and welfare are protected. It was moved by Commissioner Brown, seconded by Commissioner Frost, that Ordinance No. 1532, amending the zone code to provide for current installation of infrastructure improvements and construction of a specific project under specified circumstances, be provisionally adopted and that it be brought back in three weeks for public hearing and possible final adoption. 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. Ordinance No. 1533 - subdivision text amendment - allow the concurrent installation of infrastructure improvements and construction of a specific project under specified circumstances, and setting the parameters therefor Distributed just prior to the Commission meeting was a copy of Ordinance No. 1533, as approved by the City Attorney, entitled: ORDINANCE NO. 1533 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTIONS 16.16.070.A, 16.22.030.B, AND 16.22.040.A, PROVIDING THAT THE SUBDIVISION REGULATIONS ALLOW THE CONCURRENT INSTALLATION OF INFRASTRUCTURE IMPROVEMENTS AND CONSTRUCTION OF A SPECIFIC PROJECT UNDER SPECIFIED CIRCUMSTANCES, AND SETTING THE PARAMETERS THEREFOR. City Manager Johnson noted that the comments under the previous agenda item pertain to this item as well. He indicated that the public hearing on this revision to the subdivision regulations will be considered by the City Planning Board at a hearing on February 1. It was moved by Commissioner Frost, Seconded by Commissioner Smiley, that Ordinance No. 1'533, amending the subdivision regulations to provide for current installation of infrastructure improvements and construction of a specific project under specified circumstances, be provisionally adopted and that it be brought back in three weeks for public hearing and possible final adoption. 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. 01-16-2001 13- Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1) Letter from Senator Burns' office, dated December 18, asking that appropriation requests be submitted by February 11, 2001. (2) Notice of a Parking Commission meeting to be held at 11:30 a.m. on Wednesday, January 17. (3) Draft copy of the master plan for Burke Park and press release announcing a hearing before the Recreation and Parks Advisory Board scheduled for 7:30 p.m. on Friday, February 8. (4) Letter from Jessie Nelson, dated January 9, expressing concern about the Commissioners' responses to the Zoot newspaper story. (5) Copy of an anonymous letter to the Bozeman Daily Chronicle, dated January 15, voicing concern about the increased commercial plane traffic at Gallatin Field and the attendant detriment to residential developments in the general area. (6) Agenda for the County Commission meeting which was held at 9:00 a.m. today at the Belgrade City Hall. (7) Agenda for the Development Review Committee meeting which was held at 10:00 a.m. today at the Professional Building. (8) Agenda and revised agenda for the Zoning Commission meeting to be held at 7:00 p.m. and the agenda for the City Planning Board meeting to be held at 7:30 p.m. on Wednesday, January 17, in the Commission Room. (9) Agenda and revised agenda for the Transportation Coordinating Committee meeting to be held at 10:00 a.m. on Wednesday, January 17, in the Commission Room. (10) in Helena. Agenda for the Montana Transportation Commission meeting to be held on January 31 (11) Notice of a special Recreation and Parks Advisory Board meeting to be held at 7:00 p.m. on Thursday, January 18, in the Conference Room, to discuss applications for the 2001 Parkland Improvement Grant Program. (12) City Manager Johnson asked when the Commissioners can attend the staff budget retreat; following discussion, the Commissioners agreed the meeting should be scheduled for Saturday, February 10. (13) City Manager Johnson announced that Shiell Anderson has been appointed to replace Pat Abelin on the Montana Transportation Commission. 01-16-2001 -14- The Commissioners concurred that the Mayor should send a thank you letter to Pat Abelin, recognizing that she represented Bozeman well during her tenure on the Transportation Commission. (14) Responding to City Manager Johnson, the Commissioners indicated they are ready to have the RFP for determining the cost of constructing a transfer station at the current landfill on the agenda for action. Responding to questions from the Commission, the City Manager stated that staff conversations with the Montana Department of Environmental Quality about possible location of a transfer station at the existing landfill have been positive; however, he recognized that politics will enter into the final decision. He then indicated that, as a result, he has been looking at possible alternative sites, and is prepared to take an option on another piece of property that could be used for a transfer station if the Commission chooses not to proceed with one at the existing landfill. (15) Commissioner Smiley referenced Frank Elliott's letter to the editor in a recent edition of the Bozeman Daily Chronicle, in which he proposed bringing the southern train route back. She suggested that the Commission write a letter of support for this proposal; the Commissioners concurred and asked that Commissioner Smiley write the letter. (16) City Manager Johnson noted that the Commissioners have received two legislative bulletins on their desks, and he has forwarded an e-mail letter he received from the Chamber of Commerce. Commissioner Brown stated he feels it is important for the City to be represented at the legislative briefings being held at the Chamber of Commerce at 7:00 a.m. every Friday; City Manager Johnson indicated that he attends those sessions almost every week. (17) Mayor Youngman stated that the first local option tax hearing is scheduled for Friday. She noted that two separate bills pertaining to local option taxes have been introduced, and suggested this may be the time to get the grassroots e-mail system in operation. As the result of discussion, the Commissioners realized that these bills will probably be subject to significant revision prior to possible passage and that the most effective testimony is simply to support local option taxes and not a specific legislative bill. (18) Commissioner Brown announced that an organizational meeting of the new Senior Citizens' Advisory Board is scheduled for 10:30 a.m. on Friday, January 26, in the Conference Room. (19) Responding to comments from Commissioner Smiley, the City Manager stated that he gets fan mail on specific City employees on a regular basis, but recognizes there are others who sometimes create ill feelings. Executive Session - evaluation of Clerk of the Commission At 8:34 p.m., Mayor Youngman announced that, pursuant to Section 2-3-203(3), Montana Code Annotated, the Montana Constitution and the Montana Supreme Court rulings, she, as presiding officer, has determined that the right to privacy clearly exceeds the merits of public disclosure. She 01-16-2001 -15- then called an executive session for the purpose of evaluating the Clerk of the Commission and requested that all persons except the Commissioners, City Manager and the Clerk leave the room. At 9:40 p.m., Mayor Youngman closed the executive session and reconvened the open meeting. Adjournment - 9:40 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the meeting be adjourned. 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. ATTEST: MARCIA B. YOUNGMAN, Mayor RO~-'~N L. SULLIVAN Clerk of the Commission PREPARED BY: KA'REN L. DeLATHO-WE[R Deputy Clerk of the Commission 01-16-2001