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HomeMy WebLinkAbout2000-09-05 Minutes, City Commission MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA . September 5, 2000 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Tuesday, September 5, 2000, at 3:00 p.m. Present were Mayor Youngman, Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, City Manager Johnson, Assistant City Manager Brey, Staff Attorney Cooper and Clerk of the Commission Sullivan. 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, July 17, Auaust 7, Auaust 17, Auaust 21 and Auaust 28. 2000 It was moved by Commissioner Brown. seconded by Commissioner Frost. that the minutes of the meetings of August 7, August 17, August 21 and August 28.2000, 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, June 19 and July 17, 2000, to a later date. Proclamation - "Alcohol and Drua Addiction Recovery Month" - SeDtember 2000 Included in the Commissioners' packets was a copy of the proclamation. Mr. Dave Douglas, Prevention Specialist with Alcohol and Drug Services, noted the theme of this year's" Alcohol and Drug Addiction Recovery Month" is designed to shift attention to adolescents with substance abuse problems. He stated it is clear that few adolescents seek help; and they often receive ill treatment because most programs are designed for adults. As a result, Alcohol and Drug Services is committed to age-appropriate treatment. He concluded by thanking the Commission for joining with them in designating September as "Alcohol and Drug Addiction Recovery Month". It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Commission concur in the Mayor's proclamation of September 2000 as "Alcohol and Drug Addition Recovery Month". 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. Mayor Youngman presented the proclamation to Mr. Douglas. 09-05-2000 -.---.-.-.-.-------.- - 2 ~ ADDlication for Kennel License - Robert Brown. 512 Oxford Drive - Calendar Year 2000 . Included in the Commissioners' packets was a copy of the application along with a memo from Animal Control Officer Connie Lien, dated August 14. recommending approval. Animal Control Officer Lien stated that Mr. Brown's home is currently under construction and is. therefore. unoccupied. She noted the property is well set up, and she does not anticipate any problems from this kennel license. Also. to date. no public comment has been received. She concluded by indicating the applicant is not present at this meeting. since he is serving as Acting Municipal Judge in a jury trial today. No one was present to speak in support of or in opposition to this requested kennel license. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the application for kennel license for Calendar Year 2000 as submitted by Robert Brown. 512 Oxford Drive, be approved. 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. ADDlication for Kennel License ~ Herman Watson. 826 South Third Avenue - Calendar Year 2000 Included in the Commissioners' packets was a copy of the application along with a memo from Animal Control Officer Connie Lien. dated July 28. indicating she has no problem with this license if no complaints are received. Also distributed to the Commissioners were letters of opposition from . Elinor Bowles. 809 South Third Avenue. and Marilyn McMillan. 818 South Third Avenue. Animal Control Officer Lien stated the applicant has resided at this address for quite some time; a change in the number of animals and the animals housed at this location has triggered the requirement for this kennel license. She stated that, in the past. she has received a lot of complaints about barking, smell and a variety of other things; however. on the day that she inspected the premises in conjunction with this application. there was only one dog on the site. The Animal Control Officer briefly highlighted the complaints in the two letters received, stating she can attest to the barking and sanitation problems of the past. She suggested that. recognizing the situation is "iffy". the Commission could approve this application with conditions and. if problems arise. she can proceed with a recommendation for revocation. She concluded by stating the applicant indicated he would be out of town and unable to attend this meeting. No one was present to speak in support of or in opposition to the requested kennel license. Responding to Commissioner Brown. Animal Control Officer Lien indicated that. with a kennel license. she can seek revocation and removal of animals if problems continue. She noted that. if she cites the owner for a nuisance animal, she will send a copy of that citation to the Commission and seek revocation. Commissioner Smiley voiced her concerns about the sanitation problems that can result from straw and manure being shoveled into the alley. . Responding to Commissioner Frost, the Animal Control Officer stated that litters of pups have been born at this location in the past; however. she does not believe that occurred last year. She 09-05-2000 - ...---.-------- -... - 3 - noted the pups may be kept at the house until they are six months old without being counted in the number of animals allowed under the kennel license. . Staff Attorney Cooper compared a kennel license to a conditional use permit, noting the Commission may attach conditions to ensure it has no adverse effect on surrounding properties; and the applicant must adhere to those conditions. Commissioner Frost stated his support for including a condition that requires no puppies on this property. Commissioner Smiley stated it is imperative that the applicant take care of the straw and manure in a better manner, stressing that "a kennel is a privilege and not a right". Commissioner Brown stated he can support this kennel license only because he recognizes it can be revoked. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the application for kennel license for Calendar Year 2000 as submitted by Herman Watson, 826 South Third Avenue, be approved, subject to the following conditions: 1 . No puppies shall be allowed on the premises; and 2. The applicant shall implement an improved manner of disposal for the straw and animal wastes that satisfies the Animal Control Officer. . 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. Review of DroDosed Drovision in Annexation AQreement for the Westlake-Martinen/Wa lMart Annexation Included in the Commissioners' packets were copies of letters from Mr. Don White to City Attorney Luwe, dated August 24, and to Staff Attorney Cooper, dated August 29. Staff Attorney Tim Cooper briefly highlighted the letters included in the Commissioners' packets, noting that he has discussed them with Mr. White during the past week. He then stated he does not believe the additional language included in the August 29 letter is necessary. Mr. Don White, attorney representing George Westlake and Kay Martinen, owners of the 22 +- acre parcel between WalMart and the Pea Cannery, noted their family has owned the property for generations. He reminded the Commissioners of the history of this annexation, noting that this property is currently surrounded on all sides by the city limits. He stated the property owners have no immediate plans for development of the property and, as a result, have concerns about the standard language in the annexation agreement regarding impact fees. He has worked with City Attorney Luwe and Staff Attorney Cooper to develop language that is satisfactory to the landowners and the attorneys; now it is the Commission's decision. . Mr. White stated the landowners have problems with the language in the annexation agreement, since it would require payment of the current impact fees, now and forever, despite 09-05-2000 __u__.________._ ------.-------- - 4 - resolution of the current litigation. He stated that if the parties in the case prevail against the City, there is a potential that no impact fees will be required except on those properties which are subject . to this annexation agreement language; or another set of fees could be implemented after the court case is completed. He concluded by stating he feels the alternative language before the Commission is fair, and encouraged them to approve it. Commissioner Frost stated the proposed language is not nearly as clear as the previous language. Responding to questions from Commissioner Frost, Staff Attorney Cooper reviewed the variables involved in recent annexations and the language in the annexation agreements. He noted those variables include whether the property is developed or not, and the time at which the annexation occurred. Responding to Commissioner Brown, Staff Attorney Cooper stated that the way the annexation agreement is written, development on the property would pay the impact fees as established now and, if a new fee is developed, the property owner would be refunded the difference. He stressed that this is a fairly unique situation, and noted that staff has tried to craft an agreement for annexation of this property; however, he recognizes it does, in effect. change the Commission's policy. Responding to Mayor Youngman, Commissioner Kirchhoff stated he does not want to change the policy, noting that annexations and developments which are willing to defray the costs of the four identified services through payment of impact fees are welcomed into the community. Commissioner Frost stated he is more comfortable with the current policy than with the new . language proposed. Commissioner Smiley voiced her support for the language in the August 24 letter Commissioner Brown stated he is somewhat reluctant to change the current language and, if it is changed, he will only accept the language in the August 24 letter. Mayor Youngman noted that the Commission previously directed staff and the landowners' counsel to develop alternative language; and she feels this meets the intent of that direction. She then indicated her support for the language in the August 24 letter, and recognized that approval will result in changing how the Commission deals with annexations between now and settlement of the lawsuit. Commissioner Kirchhoff stated he does not support unfairness, and he does not see any unfairness in the existing policy. It was moved by Commissioner Brown, seconded by Commissioner Frost, that the Commission authorize and direct staff to bring back an annexation agreement, containing the language from the August 24 letter, for Commission consideration. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Smiley and Mayor Youngman; those voting No being Commissioner Frost and Commissioner Kirchhoff. . 09-05-2000 -. - --- - 5 ~ Ordinance No. 1525. vacatina North Ida Avenue riaht-of-way between the north riaht-of-way line of East Main Street and the south riaht-of-way line of the east/west alley to the north and the dead end . east/west alley riaht.of-way extendina westward from the west riaht-of-way line of North Broadway Avenue between Tract 3A. Block 12. and Lot 7A. Block 31. Northern Pacific Addition Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1525, as approved by the City Attorney, entitled: ORDINANCE NO. 1525 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, VACATING AND ABANDONING THE STREET RIGHT-OF-WAY FOR NORTH IDA AVENUE LYING BETWEEN THE NORTH RIGHT-OF-WAY LINE OF EAST MAIN STREET AND THE SOUTH RIGHT-OF.WAY LINE OF THE EAST/WEST ALLEY BETWEEN EAST MAIN STREET AND EAST MENDENHALL STREET AND THE DEAD END EAST/WEST ALLEY RIGHT-OF-WAY EXTENDING WESTWARD FROM THE WEST RIGHT-OF-WAY LINE OF NORTH BROADWAY A VENUE BETWEEN TRACT 3A, BLOCK 12, AND LOT 7A, BLOCK 31, NORTHERN PACIFIC ADDITION, IN THE CITY OF BOZEMAN, MONTANA. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that Ordinance No. 1525, vacating a portion of North Ida Avenue lying immediately north of East Main Street and the alley extending westward from North Broadway Avenue, be finally adopted. 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. . Ord;nance No. 1526 - amendina zone code to establish a definition for "nonbroadcast telecommunication facility" and crovide for review of such facilities. establish recreational vehicle Darks as a conditional use in the RS district. and remove a restriction on commercial develocment in the R-O district Included in the Commissioners' packets was a copy of Ordinance No. 1526, as approved by the City Attorney, entitled: ORDINANCE NO. 1526 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 AS FURTHER AMENDED BY ORDINANCE NO. 1514, WHICH ORDINANCE IS NOT CURRENTLY CODIFIED IN THE BOZEMAN MUNICIPAL CODE, AND AS FURTHER AMENDED BY ORDINANCE NO. 1516, WHICH ORDINANCE IS NOT CURRENTL Y CODIFIED IN THE BOZEMAN MUNICIPAL CODE, BE AMENDED BY ADDING A NEW SECTION 18.04.1175, ESTABLISHING A DEFINITION FOR "NON BROADCAST TELECOMMUNICATION FACILITY"; BY REVISING SECTIONS 18.57.030 AND 18.57.040, PROVIDING FOR REVIEW OF SUCH FACILITIES; BY REVISING SECTIONS 18.12.020, ESTABLISHING RECREATIONAL VEHICLE PARKS AS . A CONDITIONAL USE IN THE RESIDENTIAL--SUBURBAN DISTRICT; AND BY REVISING SECTION 18.26.040, REMOVING A RESTRICTION ON COMMERCIAL DEVELOPMENT IN THE RESIDENTIAL--OFFICE DISTRICT. 09-05-2000 - 6 - It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that Ordinance . No. 1526, amending the zone code to establish a definition for "nonbroadcast telecommunication facility" and provide for review of such facilities, to establish recreational vehicle parks as a conditional use in the RS district, and to remove a restriction on commercial development in the R-O district, be provisionally adopted and that it be brought back in two 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. Discussion re water conservation Included in the Commissioners' packets was a memo from Director of Public Service Debbie Arkell, dated August 31, identifying the ways in which water saving/conservation measures are currently being undertaken and recommending that a consultant be hired if the Commission wishes to further pursue water conservation. Director of Public Service Debbie Arkell stated that staff has reviewed the information from Debra DeBode and Gretchen Rupp. She noted that $2 Y2 million in improvements are currently being undertaken to assist in saving water. She stated that water conservation is currently being undertaken "through the pocketbook", particularly after receipt of the first summer water bill. She noted that information is readily available, and the key now is to gain conservation through education. She recognized that the Commission is interested in pursuing water conservation efforts; however, she stressed that staff does not have time to devote to this effort. As a result, she asked that the Commission act on Ms. Rupp's recommendation to select a consultant. She estimated that it will take three months to complete the consultant selection process, with Ms. Rupp's assistance; and it will . take approximately four months to complete the study. Director of Public Service Arkell stressed the importance of having the Commission define its goals prior to going into this process, to ensure the results are of value. She asked if the Commission wishes to identify its goals and missions at this time, or bring this item back for discussion at a future work session. Responding to Commissioner Kirchhoff, the Director of Public Service stated that the construction of a surge basin at the Water Treatment Plant will save 31 percent of the City's water. Commissioner Kirchhoff stated it is important to first identify why the City wants to save water, and to ensure that it "pencils out for the City". Mayor Youngman stated that, with proper rate structuring, the City will get the same revenues under water conservation efforts as it does at the present time. She noted it is important to work through the various issues and make policy decisions prior to undertaking the study. She also stressed the importance of education. Commissioner Smiley stated she, too, feels education is important, particularly as new people move into the community. Commissioner Brown stated that more efficient use of water is important; however, he noted the Director of Public Service has raised interesting questions in her memo, particularly about the . potential loss of water rights. He suggested that, from a business standpoint, the City should either pursue increasing water supply or reducing use, not both at the same time. 09-05-2000 - __ _ _ __._._._ __ ___n_"_.__ _ __.___ - - _____.______n_____ .____..___ - 7 - Director of Public Service Arkell stated the Lyman Creek water supply has been off line because . it is uncovered; and it is important to retain that second source of water for the community. She then stated that the new surge basin at the treatment plant will not increase the water supply; it will eliminate the wasting of water to clean the filters and allow the capture of water that now runs past the plant. Commissioner Frost stated his goal has been to delay construction of the dam as long as possible. He also indicated another goal is to decrease the amount of waste in water usage, and he feels that a revised rate structure is an important component. Mayor Youngman suggested that the Commissioners review a list of elements during a work session. As a result of discussion, the Mayor indicated she will draft a list for the Director of Public Service to add to; and the Commissioners can then identify those items they would like to see included in the study. She noted these lists could then be used as the basis for discussion during an upcoming work session. Responding to Commissioner Kirchhoff, Director of Public Service Arkell stated that education should be the first component of the program, so people are prepared to meet the restructured rates. Following discussion, the Commissioners agreed this item should be brought back for further discussion during a regular meeting, so the Commission can make a decision on the request for proposals. Discussion ~ FYI Items . City Manager Johnson presented to the Commission the following "For Your Information" items. (1 ) Copy of the memo from Engineering Assistant Andy Kerr, dated August 29, forwarding a summary of staff comments regarding the proposed vacation of South Third Avenue between West Main Street and West Babcock Street. (2) Copy of a letter from Engineering Assistant Andy Kerr, dated August 30, to property owners near the intersection of North Third Avenue and West Lamme Street, notifying them of the impending installation of stop signs and attendant parking restrictions. (3) Memo from Deputy Clerk of the Commission DeLathower, dated September 1, 2000, notifying the Commissioners of the County Commission's desire to hold a joint meeting on September 13 or after October 10. Commissioner Smiley stated she is unable to attend a meeting during the day. Mayor Youngman suggested that a joint meeting regarding solid waste be scheduled for the next regular joint meeting, which is on October 30. City Manager Johnson reminded the Commissioners that during their last discussion on this topic, they directed staff to develop alternatives for their consideration; and he has asked staff to . equalize costs and balance those costs with environmental harm, risk, and value of the property. He noted that staff wants to carry out that direction prior to the Commission meeting with the County. He suggested that an October 30 meeting date should allow adequate time to complete its work. 09-05-2000 ------- ~ 8 - Mayor Youngman stated that the Commission needs an internal discussion prior to meeting with the County Commission. Resulting from discussion, the Commissioners agreed to discuss this . issue at its October 23 work session. Commissioner Kirchhoff asked that any information to be distributed between Commissions be done a week before the joint meeting, so the meeting can be more meaningful. He also voiced his interest in an increased level of coordination/cooperation between the County and the City on other issues, such as annexations and the County's hearing proposals on the fringe lands. (4) Copies of several letters supporting adoption of a living wage ordinance, as proposed by the Montana People's Action. (5) Minutes from the Board of Health meeting held on July 27, 2000. (6) Agenda for the Development Review Committee meeting which was held at 10:00 a.m. on Tuesday, september 5, at the Professional Building. (7) Agenda for the City Planning Board meeting to be held at 7:00 p.m. on Wednesday, September 6, in the Commission Room, and notice that the Zoning Commission meeting has been cancelled due to lack of business items. (8) City Manager Johnson stated he has been meeting with many different civic groups to discuss self-government powers. He stressed the importance of an education campaign, noting he has felt a significant amount of negative energy on the issue. . (9) Commissioner Frost voiced his appreciation for the recent message from CMC Heartland, noting it has been difficult to get any response from them over the past ten years. (10) Commissioner Brown noted that every few days, he sees articles in the newspaper about the detrimental effect of deregulation, including increased rates and closing down of mining. (11 ) Commissioner Smiley asked for feedback on the petition of opposition to the house modifications at the Nee property on North Third Avenue. (12) Commissioner Smiley asked if the letter from Laurie Shadoan about their project proposal can be placed on the Commission agenda for discussion. City Manager Johnson stated that he has asked Mr. Craft for a proposal; however, he has not seen one to date. Responding to Mayor Youngman, Assistant City Manager Brey stated it would be good for the Commission to respond in a manner similar to the manner in which the City Manager has responded to the information submitted to date. Mayor Youngman indicated she will work with staff to prepare a response. (13) Mayor Youngman stated that the opening of the new rest area at the North 19th Avenue interchange is scheduled for 10:00 a.m. on Friday, September 8. . (14) Mayor Youngman asked if the Commission is ready for a work session on the living wage issue. She noted the Commission has a standing request from the Montana People's Action to 09-05-2000 . ..---- --....--- .-.---.--. ...--..--.----.- - 9 - discuss this issue; and the Chamber of Commerce and the Gallatin Development Corporation have indicated a willingness to participate in those discussions. . Responding to Commissioner Frost, Mayor Youngman stated the City Manager has identified a three-year plan under which all of the City's permanent full-time positions would pay a minimum of $9.00, provided the bargaining units approve that plan. She noted the Commission has provided no formal support of that plan to date, and asked if it would be helpful. The City Manager responded that a public statement would not hurt. He suggested that the Commission could also develop a similar policy that applies to businesses who obtain financing through the City's economic development revolving loan fund. Mayor Youngman suggested that other revisions to the policy that define how those monies are to be used may be beneficial. She noted that the City previously revised the policy to make it easier to borrow from this source; however, it has not made any difference. Responding to Commissioner Brown, City Manager Johnson stated that under his plan, the bottom salaries would be raised to the $9.00 minimum. That represents a 25-percent increase on the lowest salaries; however, a similar increase is not proposed across the board, and that has resulted in a lack of acceptance. In light of discussion, the Commissioners agreed that this issue should be placed on an upcoming work session, recognizing that the Chamber of Commerce and Gallatin Development Corporation could provide valuable information on how a living wage might impact the business community. . Consent Items City Manager Johnson presented to the Commission the following Consent Items. Commission Resolution No. 3388 - establishina rates for water charaes, effective on the October 1 , 2000 billina COMMISSION RESOLUTION NO. 3388 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. 3389 - establishina rates for wastewater (sewer) charaes, effective on the October 1. 2000 billina COMMISSION RESOLUTION NO. 3389 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. . 09-05-2000 --.....-.--..- -.-.- .-. - .---.-..-. - 10 - Commission Resolution No. 3375 - establishina rates for solid waste collection services. effective on October 1. 2000 billing . COMMISSION RESOLUTION NO. 3375 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ESTABLISHING SOLID WASTE COLLECTION FEES WITHIN THE CITY OF BOZEMAN. Authorize City Manaaer to sian - Buy-Sell Aareement for ten:t -acre parcel at southeast corner of Sundance Sprinas Authorize City Manaaer to sian - Professional Services Aareement with Allied Enaineerina Services. Inc.. Bozeman. Montana - water main extension and services to Walker Subdivision PUD Authorize City Manaaer to sian - Sewer Pipeline and Access Easement and Aareement - trianaular section at edae of Burke Park Exemption from subdivision review - Amended Plat of Lots 1 throuah 4 and portion of vacated alley in Block A. Harpers Addition - Shannon Prenderaast. et al. - realian common boundary between two existinq lots bv movina it two feet to the north Claims It was moved by Commissioner Kirchhoff. seconded by Commissioner Frost, that the . Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff. Commissioner Frost. Commissioner Brown, Commissioner Smiley and Mayor Youngman; those voting No. none. Recess - 4:55 p.m. Mayor Youngman declared a recess at 4:55 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 p.m. Mayor Youngman reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Public hearina - intent to budaet an increase in revenue from property taxation bv 5.2 percent This was the time and place set for the public hearing on City's intent to budget an increase in revenue from property taxation by 5.2 percent. . Mayor Youngman opened the public hearing. 09-05-2000 .---...- -- --...--.- ...---- ------. --. -. ---.- - 11 ~ Administrative Services Director Miral Gamradt stated that Section 15-1 0~203, Montana Code Annotated, requires the Commission to hold a public hearing if it plans to budget an increase in . revenues from property taxes. He noted that the State Legislature has enacted numerous changes that have lowered the tax base. In conjunction with that legislation, the State has allowed each City to levy "floating mills" to hold itself harmless; and under this agenda item, he is proposing that the Commission levy the 7.11 mills in floating mills to make itself whole. Responding to Commissioner Brown, the Administrative Services Director stated that new property is exempt from the statutory provisions that require this public hearing. No one was present to speak in support of or in opposition to budgeting an increase in revenue from property taxation. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Brown, seconded by Commissioner Frost, that the Commission approve the intent to budget an increase in revenue from property taxation by 5.2 percent. 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 hearina - intent to exceed the State of Montana DeDartment of Revenue's certified millaQe for Fiscal Year 2000-2001 . This was the time and place set for the public hearing on the City's intent to exceed the State of Montana Department of Revenue's certified millage for Fiscal Year 2000-2001. Mayor Youngman opened the public hearing. Administrative Services Director Miral Gamradt stated that Section 15-1 0~204, Montana Code Annotated, requires a public hearing if the City proposes to exceed the certified mill. He stated the City's certified mill levy is 104 mills; and under the budget proposed by staff and adopted by the Commission, a levy of 146.84 mills is needed. No one was present to speak in support of or in opposition to the City's intent to exceed the certified mill levy. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Commission approve exceeding the State of Montana Department of Revenue's certified mill levy for Fiscal Year 2000-2001. 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 hearina - Commission Resolution No. 3380 - intent to create SID No. 666 - acquire street . imorovements within the Vallev West Annexation This was the time and place set for the public hearing on the City's intent to create Special 09-05-2000 ------ - 12 - Improvement District No. 666, under Commission Resolution No. 3380, entitled: . COMMISSION RESOLUTION NO. 3380 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RElA TING TO SPECIAL IMPROVEMENT DISTRICT NO. 666; DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE AN EXTENDED SPECIAL IMPROVEMENT DISTRICT NO. 666 FOR THE PURPOSE OF UNDERTAKING ACQUISITION OF CERTAIN LOCAL IMPROVEMENTS AND FINANCING THE COSTS THEREOF AND INCIDENTAL THERETO THROUGH THE ISSUANCE OF SPECIAL IMPROVEMENT DISTRICT BONDS SECURED BY THE CITY'S SPECIAL IMPROVEMENT DISTRICT REVOLVING FUND. Mayor Youngman opened the public hearing. Included in the Commissioners' packets was a letter of protest. dated August 29, as submitted by David F. Norton on behalf of himself and Norton Ranch, Inc. Administrative Services Director Miral Gamradt presented the staff report for this public hearing as well as the two subsequent hearings. He noted that all three special improvement districts are for improvements that have been installed in the Valley West Annexation. He stated this SID is for the street improvements and, under this resolution, the City is using a provision in the law that allows purchase of already constructed improvements. He indicated that assessments are to be spread over a nineteen-year period. . The Administrative Services Director reminded the Commissioners that, a few weeks ago, they adopted a revised SID policy which states that. in the event of a raw land subdivision, bonds may be sold if the value of the property exceeds two times the value of the assessments. He noted that an appraisal is currently pending that will demonstrate that each property does exceed two times the value of the assessments and, if some parcels do not comply, a financial guarantee will be required. Responding to Commissioner Frost, Administrative Services Director Gamradt acknowledged the concern about the potential for dropping property values on raw land, particularly since that value is highly dependent on the market. He indicated that is why the new policy requires the property to have a value two times the value of the assessment, with the anticipation that if the values take a downturn or the developer fails to pay, the City can recoup the assessments. Commissioner Frost voiced his fear of "a recurring Valley Unit". Administrative Services Director Gamradt stated the assessments were $35,000 per acre in the Valley Unit Subdivision; the assessments are $7,000 in the Valley West Annexation. Ms. Nancy Evans, representing Mr. David Norton, stated her father is actively engaged in agricultural uses on his 40-acre parcel, although he donated 60 feet of right-of-way when Cottonwood Road was extended to Durston Road. She stated that with the land in active agricultural use, they cannot handle an annual assessment of $22,000. She cautioned that this is one way to get rid of green space. . Mr. Rick Barber, Valley West LLC, indicated they are a significant landowner within the boundaries of the proposed special improvement districts. He stated that he is appearing as the applicant to facilitate the City's acquisition of the primary infrastructure already installed within the 09-05-2000 . ..--.-.---.---. .-----..-...-.-- - 13 - Valley West Subdivision. He noted this property has been annexed; and they are now wanting to . move forward with development, in accordance with the annexation and zonings on the property. Responding to Commissioner Frost, Administrative Services Director Gamradt stated that the SIDs are to be assessed on a square footage basis, spread over nineteen years with equal principal payments. He stated this is consistent with the manner in which previous SIDs have been created and assessed. City Engineer Craig Brawner stated that each of these three SIDs is an extended district, since the improvements are major system improvements which benefit more than just the adjacent properties. Responding to Commissioner Frost, the City Engineer stated he can compute the estimated assessments against a normal size lots and provide that information at a later date. Responding to questions from the Commission, Mr. Greg Stratton, Morrison-Maierle, posted a map showing the boundaries of the proposed district. He also identified the location of the Norton property, which lies along the west side of Cottonwood Road, immediately north of the JC Billion Auto Plaza. Responding to Mayor Youngman, Mr. Barber stated there are 21 parcels in the proposed district. He reviewed the zoning designations on the various parcels, and noted that a number of other parcels are also anticipated to benefit from the infrastructure improvements that have been installed. He concluded by noting that these improvements will allow for continuation of the residential development patterns that have already emerged in the northwest quadrant of the community. Responding to questions and comments, Administrative Services Director Gamradt stated it . is not possible to delay assessments against one parcel until development occurs, since interest and bond obligations begin immediately upon sale of the bonds. He reminded the Commission that if owners of more than 50 percent of the property protest the creation of an SID, it cannot be created; if owners of less than 50 percent of the property protest, it is a Commission decision on whether or not to proceed. He noted that, in this case, the developer has installed the improvements, and it has been determined these improvements will benefit all of the properties involved in the district. Planning Director Epple stated it is his recollection that the Nortons were signatory to the applications for both annexation and rezoning. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. City Engineer Craig Brawner stated that the special improvement district boundaries for the three SIDs under consideration extend only to the city limits. He noted, however, that some properties outside the city limits will also benefit from these improvements; and they will be the subject of payback agreements. He noted that when the costs of the improvements within the SIDs and the improvements in the payback areas area added together, the result is the total cost of the improvements. He indicated that paybacks will be required at the time of annexation or development. Responding to questions from the Commission, the City Engineer stated the payback areas represent 30 percent of the total dollar amount. He also indicated that the applicant has paid for the improvements, and the paybacks would be made to the applicant. . It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that staff be directed to bring back a resolution creating Special Improvement District No. 666, to acquire street improvements within the Valley West Annexation. The motion carried by the following Aye and No 09-05-2000 . .__u__ ___... ---..-- - 14 - vote: those voting Aye being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, . Commissioner Frost and Mayor Youngman; those voting No, none. Public hearina - Commission Resolution No. 3381 - intent to create SID No. 667 - acauire water trunk main improvements within the Vallev West Annexation This was the time and place set for the public hearing on the City's intent to create Special Improvement District No. 667, under Commission Resolution No. 3381, entitled: COMMISSION RESOLUTION NO. 3381 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELATING TO SPECIAL IMPROVEMENT DISTRICT NO. 667; DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE AN EXTENDED SPECIAL IMPROVEMENT DISTRICT NO. 667 FOR THE PURPOSE OF UNDERTAKING ACQUISITION OF CERTAIN LOCAL IMPROVEMENTS AND FINANCING THE COSTS THEREOF AND INCIDENTAL THERETO THROUGH THE ISSUANCE OF SPECIAL IMPROVEMENT DISTRICT BONDS SECURED BY THE CITY'S SPECIAL IMPROVEMENT DISTRICT REVOLVING FUND. Mayor Youngman opened the public hearing. Included in the Commissioners' packets was a letter of protest, dated August 29, as submitted by David F. Norton on behalf of himself and Norton Ranch, Inc. . Administrative Services Director Gamradt stated his comments from the previous public hearing apply to this item as well, and he has no additional comments. Mayor Youngman stated that the input from the previous public hearing will also be considered a part of the record for this public hearing; no additional input was provided. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. Responding to City Manager Johnson, Administrative Services Director Gamradt stated he is waiting for appraisals to demonstrate that the value of each parcel exceeds two times the amount of the assessments; and he anticipates those will be in later this week. As a result, he indicated there is no need to attach any conditions to direction to proceed with the resolutions of creation. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that staff be directed to bring back a resolution creating Special Improvement District No. 667, to acquire water improvements within the Valley West Annexation. 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 hearina - Commission Resolution No. 3382 - intent to create SID No. 668 - acauire sewer trunk . main improvements within the Vallev West Annexation This was the time and place set for the public hearing on the City's intent to create Special Improvement District No. 668, under Commission Resolution No. 3382, entitled: 09-05-2000 ---... -..---- - 15 - COMMISSION RESOLUTION NO. 3382 . A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, RELA TING TO SPECIAL IMPROVEMENT DISTRICT NO. 668; DECLARING IT TO BE THE INTENTION OF THE CITY COMMISSION TO CREATE AN EXTENDED SPECIAL IMPROVEMENT DISTRICT NO. 668 FOR THE PURPOSE OF UNDERTAKING ACQUISITION OF CERTAIN LOCAL IMPROVEMENTS AND FINANCING THE COSTS THEREOF AND INCIDENTAL THERETO THROUGH THE ISSUANCE OF SPECIAL IMPROVEMENT DISTRICT BONDS SECURED BY THE CITY'S SPECIAL IMPROVEMENT DISTRICT REVOLVING FUND. Mayor Youngman opened the public hearing. Included in the Commissioners' packets was a letter of protest, dated August 29, as submitted by David F. Norton on behalf of himself and Norton Ranch, Inc. Administrative Services Director Gamradt stated his comments from the previous public hearings apply to this item as well, and he has no additional comments. Mayor Youngman stated that the input from the previous public hearings will also be considered a part of the record for this public hearing; no additional input was provided. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. Responding to Commissioner Frost, the Administrative Services Director stated the City's policy . provides adequate assurances. He noted that, through an SID assessment, the City has priority over any other liens on the property. It was moved by Commissioner Brown, seconded by Commissioner Frost, that staff be directed to bring back a resolution creating Special Improvement District No. 668, to acquire sewer improvements within the Valley West Annexation. 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 hearina - Certificate of Appropriateness with deviations from Sections 18.18.150 and 18. 50.070.F. 2. to allow demolition and reconstruction of 11-foot by 18-foot aaraae on existina footprint, which encroaches 1 % feet into 5-foot side yard setback and allow extension of drive aisle located in side yard setback on property described as south 38 feet of the south 76 feet SS Tract 6, 1 acre of Lot 2, Block C, Black's Addition and a fractional part of lot 17 , Lind lev and GUY'S Addition - Peter Brown for 323 South Bozeman Avenue (Z-01031 This was the time and place set for the public hearing on the Certificate of Appropriateness with deviations from Sections 18.18.150 and 18.50.070.F.2. of the Bozeman Municipal Code, as requested by Peter Brown under Application No. Z-01 03, to allow the demolition and reconstruction of an 11-foot by 18-foot garage on the existing footprint, which encroaches 1 % feet into the required 5-foot side yard setback, and allow extension of a drive aisle located in the side yard setback on . property described as the south 38 feet of the south 76 feet SS Tract 6, 1 acre of Lot 2, Block C, Black's Addition and a fractional part of Lot 17, Lindley and Guy's Addition. The subject property is more commonly located at 323 South Bozeman Avenue. 09-05-2000 - 16 - Mayor Youngman opened the public hearing. . Associate Planner John Sherman presented the staff report. He stated that this application is to allow the reconstruction of a garage on the same footprint as the existing garage, which encroaches into the side yard setback. He noted the applicant is also requesting a deviation to allow installation of a driveway which extends from South Bozeman Avenue to the garage, since the driveway is also located in the side yard setback. He stated that the preservation and protection of existing mature vegetation creates the need for the requested deviations. He noted that staff has reviewed this application in light of the criteria contained in the zone code and, following that review, forwards a recommendation for approval. He concluded by briefly highlighting the recommended conditions of approval, which include adding new vegetation to screen the driveway from adjacent properties. The applicant indicated he has no comments; no one was present to speak in support of or in opposition to, the requested deviations. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Certificate of Appropriateness with deviations from Sections 18.18.150 and 18.50.070.F.2. of the Bozeman Municipal Code, as requested by Peter Brown under Application No. Z-Ol 03, to allow the demolition and reconstruction of an ll-foot by 18-foot garage on the existing footprint, which encroaches 1 % feet into the required 5-foot side yard setback, and allow extension of a drive aisle located in the side yard setback on property described as the south 38 feet of the south 76 feet SS Tract 6, 1 acre of Lot 2, Block C, Black's Addition and a fractional part of Lot 17, Lindley and Guy's Addition, be approved, subject to the following conditions: . 1. The project shall be constructed as approved and conditioned in the application. Any modification to the submitted plans shall invalidate the project's approval unless the applicant submits to the Department of Planning and Community Development modifications for review and approval. 2. The applicant shall protect the existing vegetation when removing the existing structure and building the new structure. Care shall be taken not to disrupt the existing root structure of the pine during construction. 3. The applicant shall obtain a Demolition Permit and a Building Permit within one year of the granting of the deviations. 4. The applicant shall match the new structure's materials, roof pitch, colors and trim to that of the existing residence. 5. The applicant shall provide landscaping on the southern side of the drive. Said landscaping shall be reviewed by the Planning and Community Development Department. 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. 09-05-2000 .--.-- ---- _u__. - 17 - Public hearinQ - Maior Site Plan with Certificate of Appropriateness to allow construction of 39.270 . square feet of retail/office space on Lot 2 of the proposed amended plat of minor subdivision. Block D. Rouse Addition. Tract B. CDS No. C-23-A9. with deviations from Sections 18.50.110.18.30.050 and 18.30.060. Bozeman Municipal Code. to allow reduction in the number of parkinQ spaces from the required 146 spaces to 83 spaces. includinQ 18 compact stalls. plus 4 handicap accessible spaces: to allow encroachments into the required 25-foot front yard setback to allow for varyinQ facades of build in a design: and to allow portions of the flat roof to exceed the maximum heiaht of 32 feet by 11 feet 4 Y.z inches - Adam Britt for Delaney and Company - 777 East Main Street (Z-0100) This was the time and place set for the public hearing on the Major Site Plan with Certificate of Appropriateness. as requested by Adam Britt for Delaney and Company. under Application No. Z-0100, to allow construction of 39,270 square feet of retail/office space on Lot 2 of the proposed amended plat of minor subdivision, Block D, Rouse Addition. Tract B, cas No. C-23-A9, with deviations from Sections 18.50.110, 18.30.050 and 18.30.060 of the Bozeman Municipal Code, to allow a reduction in the number of parking spaces from the required 146 spaces to 83 spaces, including 18 compact stalls, plus 4 handicap accessible spaces; to allow encroachments into the required 25-foot front yard setback to allow for varying facades of building design; and to allow portions of the flat roof to exceed the maximum height of 32 feet by 11 feet 412 inches. The subject property is more commonly located at 777 East Main Street. Mayor Youngman opened the public hearing. Assistant Planner Karin Caroline presented the staff report. She stated the subject property is located immediately east of Montana Ale Works, along the north side of East Main Street. She reviewed the three deviations being sought under the existing "B-2", Community Business District, . zoning. They include allowing certain portions of the building to be 4312 in height, exceeding the 32- foot height limitation; allowing a reduction in the number of parking spaces from 146 to 83 plus 4 handicapped; and allowing a reduction in the front yard setback from the required 25-foot setback to between 16 and 18 feet from the back of the curb. The Assistant Planner stated that an addendum to the staff report was submitted in the packet. The project and deviations were initially reviewed against the East Main Street corridor and the Design Objectives Plan; however, the property lies within a neighborhood conservation overlay, and the addendum provides staff's comments resulting from a review of the project in light of those criteria. The Assistant Planner noted that, attached to the addendum, was an information sheet showing the exterior luminaires the applicant is proposing to install at ground level to shine up onto the building, and the pedestrian amenities. including benches and trash receptacles, that he plans to install. Also, submitted just prior to the meeting, was a letter of support from Galusha. Higgins and Galusha, dated August 26. Commissioner Frost voiced his discomfort with the proposed lighting from the ground, particularly in light of the number and how close to the sidewalk they will be. He asked what the wattage of the lights is to be. Responding to Commissioner Brown, Assistant Planner Caroline confirmed that both Condition Nos. 25 and 27 should reference a 6-inch water line. . Further responding to Commissioner Brown. the Assistant Planner stated that single-stem canopy trees are initially column trees. She indicated that, once they have grown and started to create a canopy, they must be trimmed to ten feet off the ground, thus providing adequate visibility. She indicated that all trees are to be located outside the vision triangle. 09-05-2000 - 18 - Responding to Commissioner Kirchhoff, the Assistant Planner stated that allowing the proposed . luminaires is discretionary with the Commission. Mr. Michael Delaney, applicant, stated he has spent a considerable amount of time trying to develop a project on East Main Street that is pleasing to the eye and that "will look like Main Street". He noted that the uplighting is to be done with small canisters and is designed to accentuate the lower portions of the columns and provide shadowing that makes the exterior of the building more appealing at night. He voiced a willingness to put the lights on a switch so that they can be dimmed or turned off if the Commission finds them offensive. He concluded by stating his willingness to accept the recommended conditions, and noting that this project will add vitality to the downtown. Mayor Youngman stated she has concerns about the proposed exterior lighting, not only because of its potential to shine in the eyes of pedestrians and passing motorists, but because of the upward lighting. She recognized the architectural desires, but asked for assurances that the light will hit only the building and not extend above the building and add to the light pollution that already exists. Mr. Delaney stated it is his intent to create shadows, "not bathe the building in light". He indicated that there will be downlighting in conjunction with the uplighting, which should create a nice play on shadowing. He indicated the uplighting is to be subtle and should emphasize only the lower six feet or so. He stated that the lighting on the north side of the building, adjacent to the parking lot, will be designed to deter people from lurking outside the building, thus making the parking lot safer. Ms. Katherine Ball, 323 South Wallace Avenue, stated she likes to see projects like this as Main Street grows east. She noted, however, she is concerned about adequate parking, particularly . since the lack of parking impacts her residential neighborhood. She has witnessed additional traffic because of the Montana Ale Works; and she is concerned that this development will only add to that impact if adequate parking is not required. She also voiced concern about the potential impact that additional light may have on the area, particularly since she enjoys walking in Burke Park at night. Mr. Greg Beardslee, 221 North Church Avenue, stated the Montana Ale Works has also impacted his neighborhood; and he is concerned about the lack of adequate parking in conjunction with this proposal. He noted that the proposed development will eliminate some of the parking area currently used by the Ale Works; and another dining establishment is proposed in the new building, thus compounding the problem even further. He stated his second concern is whether the southeast corner of the building is set back far enough to maintain visibility onto East Main Street. Mr. Michael Delaney stated his concurrence that the parking for Montana Ale Works is "woefully inadequate". He noted, however, that this project will provide over eighty more parking spaces; and those spaces will be open during the evening hours, when the Ale Works is busy. He stated that a symbiotic relationship is planned between the two buildings, with shared parking between them. As a result, he forwarded his hope that these two facilities will not negatively impact the adjoining neighborhoods. Responding to questions from Mr. Beardslee, Mr. Delaney stated that Montana Ale Works has signed a twenty-year lease for its present location; and there is no guarantee it will continue to enjoy its current prosperity forever. He noted that the mix of nighttime and daytime tenants in the two . buildings will help alleviate potential problems and, at the present time, some of the retail spaces in the new building are unfilled. 09-05-2000 --- -- ---- ---..----- - 19 - Responding to Mayor Youngman, Mr. Delaney stated he would be willing to accept a condition . that requires co-use of the parking lots. Planning Director Epple suggested that co-use of the parking lots could be through a reciprocal use agreement that would be modified or terminated only with City concurrence. Ms. Ball stated she has heard the Montana Ale Works may open for lunch, so the parking lot suddenly shrinks and the symbiotic relationship is minimized. She noted the downtown is growing, and mistakes have been made on parking issues. She noted that, while a pedestrian and bicycle- friendly community is desired, the downtown operates with the automobile; and lack of parking impacts the adjacent residential neighborhoods. Mr. Delaney responded that. in the downtown area, the lunch crowd typically walks to the various eating establishments; and he anticipates the parking will be more than adequate for those who drive. Assistant Planner Karin Caroline stated that, if the Commission so desires, it may add conditions that require the lighting scheme to be reviewed by the Design Review Board and require an agreement that pertains to shared parking between the two properties. She noted the Commission could also add a condition that clarifies that re-uses will go through an application process with the Planning Office to ensure that impacts are mitigated. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. Commissioner Smiley stated her support for the proposed project, with added conditions . pertaining to a reciprocal agreement and the lighting. She noted, however, she is uncertain whether she wants the Design Review Board to review the lighting plan. Commissioner Frost stated his support for the project, with the two added conditions. Commissioner Brown stated his concurrence with the two previous Commissioners. Commissioner Kirchhoff stated he takes the neighborhood concerns about parking very seriously. He noted, however, that he prefers this type of development to occur in the downtown area, rather than in the "hinterlands". He then noted that, while he supports the building, he does not support the proposed uplighting luminaires. Mayor Youngman stated she is supportive of the project, and views it as an "attractive and elegant addition" to the east end of downtown. She then indicated her support for the two additional conditions. It was moved by Commissioner Smiley, seconded by Commissioner Brown, that the Major Site Plan with Certificate of Appropriateness, as requested by Adam Britt for Delaney and Company, under Application No. Z-0100, to allow construction of 39,270 square feet of retail/office space on Lot 2 of the proposed amended plat of minor subdivision, Block D, Rouse Addition, Tract B, cas No. C-23-A9, with deviations from Sections 18.50.110, 18.30.050 and 18.30.060 of the Bozeman Municipal Code, to allow a reduction in the number of parking spaces from the required 146 spaces . to 83 spaces, including 18 compact stalls, plus 4 handicap accessible spaces; to allow encroachments into the required 25-foot front yard setback to allow for varying facades of building design; and to allow portions of the flat roof to exceed the maximum height of 32 feet by 11 feet 4112 inches, be approved, subject to the following conditions: 09-05-2000 ---.-,. ." - ... ---.- -.- --.----.-------.---------------....-------.---- - 20 - Per Section 18.50.035: (A) Glare and Lighting. . 1. Any lighting, including that for security purposes, used to illuminate an off- street parking area, sign or other structure, 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. Final site plan shall show the location for, and a detail of, any proposed wall mounted and/or signage lighting. Lighting standards used to illuminate off-street parking areas shall not exceed twenty feet or the height of the tallest building on the lot, whichever is lower. Pedestrian lighting along Main Street shall incorporate, within the light fixture itself, a shield to direct light in a downward direction or the bulbs shall be of a 75 watt low-sodium type. Details and specifications, including bulb size and type, shall be reviewed and approved by the Planning Office prior to final site plan approval. 2. In addition, the pedestrian lights along Main Street of the adjacent Montana Ale Works shall be of the same bulb type and have the necessary shields installed upon the discretion and decision of the Planning Office. (D) Trash and Garbage Enclosures - 3. Trash enclosures shall be constructed so that contents are not visible from a . height of five feet above grade from any abutting street or property. Details and specifications shall be shown on final site plan. (R) Bicycle Racks - 4. Applicant shall provide adequate bicycle parking facilities to accommodate bicycle-riding residents and/or employees and customers, Bicycle parking facilities shall be in conformance with standards recommended by the Bozeman Bicycle Advisory Board. Per Section 18.50.080 - Street Vision Trianale (A) Arterial Streets - 5. No fence, wall, or planting in excess of thirty inches above the street centerline grade shall be permitted. 6. Single-stem canopy trees may be permitted in street vision triangles provided that the mature trees do not significantly affect safe driving conditions and are maintained such that no canopy foliage exists below a height of ten feet above centerline of streets. Per Section 18.50.110 - Parkina Reauirements (B) Stall, Aisle, and Driveway Design - 7. Applicant proposes to install compact length parking stalls in the north portion . of the subject property. A maximum of twenty-five percent of the required parking spaces may be reduced in size for small cars. Allowable amount of compact spaces would be 20. Applicant is proposing 18 spaces. 09-05.2000 - 21 - . These stalls shall be clearly identified with a sign permanently affixed immediately in front of each space containing the notation, "Compacts Only". 8. All parking lots and facilities shall be subject to current Uniform Building Code guidelines for accessibility and shall contain a minimum number of disabled spaces as follows: 83 parking spaces proposed. In addition, 4 disabled spaces shall be provided, one of which will be van accessible. Details and specifications shall be shown on final site plan. All accessible parking spaces shall be designated as reserved for the disabled by a sign showing the symbol of accessibility at each space. Such signs shall not be obscured by a vehicle parked in a space. Raised signs shall be located at a distance no greater than five feet from the front of each accessible space and shall be subject to review and approval by the Planning Department. The configuration of the off-street parking shall be adequately dimensioned on the final site plan and shall comply with the requirements of Section 18.50.120 of the Zone Code unless a deviation or variance is granted by the governing body. This includes parking stall dimensions, drive aisle widths, lot . surfacing, and curbing. 9. Drive aisle width for drive-through facility must be twelve (12) feet minimum and shown as such on final site plan. Per Section 18.49.010-110 - Landscapinq (C) Landscape Plan Submission - 10. Landscape plans shall be prepared and certified by a registered Montana landscape architect; an individual with a degree in landscape design and two years of professional design experience; or an individual with a degree in a related field and at least five years of professional design experience. 11 . All boulevard trees must have effective weed control taken within the five foot tree grate area; appropriate black weed paper installed; and wood chips placed to grate height. All tree grates must meet ADA guidelines and be approved by the Planning Office prior to final site plan approval. 12. Location of all proposed boulevard trees must be reviewed and approved by the Planning Office and appropriate agencies to ensure that vision is not impaired or street signs are not blocked. 13. In addition, the tree grates in front of the adjacent Montana Ale Works shall . have the same weed control measures taken and wood chips placed to effectively continue the character and quality along Main Street for tree plantings, if not previously completed. 09-05-2000 - 22 - 14. Permanent irrigation systems shall be provided to all landscaped areas. Details . and specifications shaH be noted on final landscape plans. 15. All landscape plans shall meet the requirements of the Landscape Performance Standards. Fifteen landscaping points are required for this project and have been met on submitted landscaping plans. 16. Applicant must file final plat of minor subdivision prior to filing the final site plan for the subject application. 17. All existing and proposed locations and/or relocations of utility poles, power lines, and utility boxes must be shown on final site plan. 18. Color and material palette must be submitted to the Planning Office for review and approval prior to any approval of final site plan or issuance of building permits. 19. This lot is stubbed with a 3/4-inch domestic water service from Main Street. This service must be cut and capped in Main Street. 20. The proposed 6-inch fire line must be installed by the owner. The City will inspect, test and tap the saddle following installation at the owner's expense. 21. A plan and profile design of the fire line must be provided by a professional engineer to the City of Bozeman for review and approval. . 22. The 2-inch domestic service will be installed to the property by the City water department following applications and fee payment to the Building Department. This service should be installed in the fire line ditch. 23. All existing and proposed sanitary sewer and water infrastructure, including service lines, valves, curb boxes, manholes and fire hydrants, must be shown on the site, landscape, drainage and paving plans. 24. The location of the proposed 6-inch fire line and 2-inch domestic water services, including backflow protection and water meter inside the building, must be provided and approved by the City Water Superintendent. 25. The sanitary sewer service can be provided from the 18-inch main in Broadway Avenue. The stub to the property will be installed by the City Sewer Department following application and fees filed and paid at the Building Department. 26. The plans must show the proposed 6-inch fire line. 2-inch domestic line and the 4-inch sanitary sewer service line. 27. Plans and specifications for any required fire service line must be prepared in . accordance with the City's Fire Service Line Policy by a Professional Engineer (PEL 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 09-05-2000 -----.,.-----.-..----.----- - 23 - also provide professional engineering services for construction inspection, post. . construction certification, and preparation of mylar record drawings. 28. Existing sewer and water mains shall be clearly identified as existing. All fire hydrants within 500 feet shall be clearly depicted. 29. 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 and/or culverts, adequate cover shall be maintained. 30. Applicant must obtain the necessary permits for street cut in Main Street from Montana Department of Transportation, highway division. 31. The final improvement drawing shall be adequately dimensioned. A legend of all pertinent line types used shall also be provided. 32. All existing utility and other easements must be shown on the final site plan (FSP). 33. Applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SIDs) for the following: a. Signalization improvements to the intersection of Broadway . Avenue and East Main Street. The document filed shall specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. 34. 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 sufficient spot elevations), stormwater retention basin and drywell details (including basin and drywell sizing and discharge calculations, pond typical sections, and drywell, inlet structure, and discharge structure details), storm water 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. . 35. Drywells are permitted for detention of storm water runoff associated only with roof drains. Stormwater runoff from parking areas, etc., is prohibited from entering drywells. 09-05-2000 - 24 - 36. Details must be provided for both drywell 6-inch overflow line connections to . Detention Pond No.1 (including line slope and invert elevation of the discharge end). 37. Elevation of the outlet structure overflow grate must be specified on the plans and located below the top of Detention Pond No.1. 38. The existing catch basin located along Broadway Avenue must be replaced with City standard inlet and catch basin as specified in Section 02721 of the City of Bozeman Modifications to Montana Public Works Standard Specifications. 39. Details must be provided for the connection of the outlet structure discharge line to the catch basin located along Broadway Avenue (including line slope, and invert elevations of the discharge end and existing catch basin). 40. Existing railroad tracks crossing the northern portion of the site interfere with Detention Pond No.1. If railroad tracks are to remain active, Detention Pond NO.1 will require modification. 41. Drainage directions must be indicated on the final site plan as they are in the legend. 42. The maximum permissible side slope for storm water retention ponds is 3: 1. 43. City standard sidewalk shall be installed and properly depicted at the standard . location (i.e., 1 foot off property line) along the Broadway Avenue frontage. In addition, City standard curb and gutter shall be installed along the Broadway Avenue frontage. Sidewalks along Main Street shall be installed to similar design and specifications as the adjacent Montana Ale Works. 44. Restricted parking along East Main Street and Broadway Avenue frontages shall be designated by appropriate Manual Uniform Traffic Control Devices (MUTCD) "no parking" signage, and yellow painted curb as follows: a. 10 feet westward and 30 feet eastward from the existing East Main Street access for the Montana Ale Works. MUTCD signs R7-1 Land R7-1 R shall be installed to the left and right of the designated "no parking" area, respectively. b. 30 feet westward from the intersection of Broadway Avenue and East Main Street, beginning at the point of tangency along East Main Street. MUTCD sign R7-3aR shall be installed at the western extent of the designated "no parking" area. c. 30 feet northward from the existing stop sign located at the . intersection of Broadway Avenue and East Main Street. MUTCD sign R7-3aL shall be installed at the northern extent of the designated "no parking" area. 09-05-2000 - 25 - 45. The drive approaches shall be constructed in accordance with the City's . standard non-residential driveway approach. 46. 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. 47. The Montana Department of Fish, Wildlife and Parks, SCS, MDEQ and Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (Le., 310, 404, Turbidity exemption, etc.) shall be obtained prior to final site plan approval. 48. All rooftop and/or exterior mechanical equipment must be screened from view and must be shown on the final site plan. All equipment and locations are subject to review and approval of the Administrative Design Review staff. 49. Exterior luminaires within the streetscape shall only be approved and installed if the following conditions are met: (a) the light from these luminaires does not interfere with the dark sky; and (b) the lights and light beams themselves shall be tilted toward the building and not upward to the sky. All plans and specifications, including light type, bulb size and wattage, and location, must be reviewed and approved by the Design Review Board prior to final site plan approval. . 50. Pedestrian benches and trash receptacles shall be installed along East Main Street for the enjoyment and use of the public. All details, specifications and locations shall be shown on the final site plan and shall be subject to review and approval by the City Engineering and Planning Departments prior to final site plan approval. 51. The applicant shall provide a joint access agreement for shared parking between the adjoining properties, 611 East Main Street (existing Montana Ale Works) and 777 East Main Street (proposed project). The City of Bozeman shall be made a party to said joint access agreement, with final form and content subject to review and approval by the City Attorney. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Brown, Commissioner Frost, Commissioner Kirchhoff and Mayor Youngman; those voting No, none. It was moved by Commissioner Kirchhoff, seconded by Commissioner Frost, that the Commission reconsider its previous action. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Frost and Mayor Youngman; those voting No being Commissioner Brown and Commissioner Smiley. Commissioner Kirchhoff suggested that Condition No. 49 be eliminated and that no uplighting . be allowed. Commissioner Brown, Commissioner Smiley and Mayor Youngman all indicated an unwillingness to change or eliminate the condition. 09-05-2000 - .- ..---.--..-. -- - --- - 26 - It was moved by Commissioner Brown, seconded by Commissioner Frost, that the Commission . approve the original motion, to approve the Major Site Plan with Certificate of Appropriateness, as requested by Adam Britt for Delaney and Company, under Application No. Z-0100, to allow construction of 39,270 square feet of retail/office space on Lot 2 of the proposed amended plat of minor subdivision, Block 0, Rouse Addition, Tract B, COS No. C-23-A9, with deviations from Sections 18.50.110, 18.30.050 and 18.30.060 of the Bozeman Municipal Code, to allow a reduction in the number of parking spaces from the required 146 spaces to 83 spaces, including 18 compact stalls, plus 4 handicap accessible spaces; to allow encroachments into the required 25-foot front yard setback to allow for varying facades of building design; and to allow portions of the flat roof to exceed the maximum height of 32 feet by 11 feet 4'Y2 inches, be approved, subject to the following conditions: Per Section 18.50.035: (A) Glare and Lighting - 1 . Any lighting, including that for security purposes, used to illuminate an off~ street parking area, sign or other structure, 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. Final site plan shall show the location for, and a detail of, any proposed wall mounted and/or signage lighting. Lighting standards used to illuminate off-street parking areas shall not exceed twenty feet or the height of the tallest building on the lot. whichever is lower. Pedestrian lighting along Main Street shall incorporate, within the light fixture . itself, a shield to direct light in a downward direction or the bulbs shall be of a 75 watt low-sodium type. Details and specifications, including bulb size and type, shall be reviewed and approved by the Planning Office prior to final site plan approval. 2. In addition, the pedestrian lights along Main Street of the adjacent Montana Ale Works shall be of the same bulb type and have the necessary shields installed upon the discretion and decision of the Planning Office. (D) Trash and Garbage Enclosures - 3. Trash enclosures shall be constructed so that contents are not visible from a height of five feet above grade from any abutting street or property. Details and specifications shall be shown on final site plan. (R) Bicycle Racks - 4. Applicant shall provide adequate bicycle parking facilities to accommodate bicycle-riding residents and/or employees and customers. Bicycle parking facilities shall be in conformance with standards recommended by the Bozeman Bicycle Advisory Board. . Per Section 18. 50.080 ~ Street Vision TrianQle (A) Arterial Streets - 5. No fence, wall, or planting in excess of thirty inches above the street centerline 09.05-2000 - 27 - grade shall be permitted. . 6. Single-stem canopy trees may be permitted in street vision triangles provided that the mature trees do not significantly affect safe driving conditions and are maintained such that no canopy foliage exists below a height of ten feet above centerline of streets. Per Section 18.50.110 - Parkinq Requirements (B) Stall, Aisle, and Driveway Design - 7. Applicant proposes to install compact length parking stalls in the north portion of the subject property. A maximum of twenty-five percent of the required parking spaces may be reduced in size for small cars. Allowable amount of compact spaces would be 20. Applicant is proposing 18 spaces. These stalls shall be clearly identified with a sign permanently affixed immediately in front of each space containing the notation, "Compacts Only". 8. All parking lots and facilities shall be subject to current Uniform Building Code guidelines for accessibility and shall contain a minimum number of disabled spaces as follows: 83 parking spaces proposed. In addition, 4 disabled spaces shall be provided, one of which will be van accessible. Details and specifications shall be shown on final site plan. . All accessible parking spaces shall be designated as reserved for the disabled by a sign showing the symbol of accessibility at each space. Such signs shall not be obscured by a vehicle parked in a space. Raised signs shall be located at a distance no greater than five feet from the front of each accessible space and shall be subject to review and approval by the Planning Department. The configuration of the off-street parking shall be adequately dimensioned on the final site plan and shall comply with the requirements of Section 18.50.120 of the Zone Code unless a deviation or variance is granted by the governing body. This includes parking stall dimensions, drive aisle widths, lot surfacing, and curbing. 9. Drive aisle width for drive-through facility must be twelve (12) feet minimum and shown as such on final site plan. Per Section 18.49.010~110 - LandscaDinQ (C) Landscape Plan Submission - 10. Landscape plans shall be prepared and certified by a registered Montana landscape architect; an individual with a degree in landscape design and two years of professional design experience; or an individual with a degree in a . related field and at least five years of professional design experience. 11 . All boulevard trees must have effective weed control taken within the five foot tree grate area; appropriate black weed paper installed; and wood chips placed 09-05-2000 --------- .. --".. .----..- .--.-.-.-----.--.. --..-... - 28 - to grate height. All tree grates must meet ADA guidelines and be approved by . the Planning Office prior to final site plan approval. 12. Location of all proposed boulevard trees must be reviewed and approved by the Planning Office and appropriate agencies to ensure that vision is not impaired or street signs are not blocked. 13. In addition, the tree grates in front of the adjacent Montana Ale Works shall have the same weed control measures taken and wood chips placed to effectively continue the character and quality along Main Street for tree plantings, if not previously completed. 14. Permanent irrigation systems shall be provided to all landscaped areas. Details and specifications shall be noted on final landscape plans. 15. All landscape plans shall meet the requirements of the Landscape Performance Standards. Fifteen landscaping points are required for this project and have been met on submitted landscaping plans. 16. Applicant must file final plat of minor subdivision prior to filing the final site plan for the subject application. 17. All existing and proposed locations and/or relocations of utility poles, power lines, and utility boxes must be shown on final site plan. . 18. Color and material palette must be submitted to the Planning Office for review and approval prior to any approval of final site plan or issuance of building permits. 19. This lot is stubbed with a 3/4-inch domestic water service from Main Street. This service must be cut and capped in Main Street. 20. The proposed 6-inch fire line must be installed by the owner. The City will inspect, test and tap the saddle following installation at the owner's expense. 21. A plan and profile design of the fire line must be provided by a professional engineer to the City of Bozeman for review and approval. 22. The 2-inch domestic service will be installed to the property by the City water department following applications and fee payment to the Building Department. This service should be installed in the fire line ditch. 23. All existing and proposed sanitary sewer and water infrastructure, including service lines, valves, curb boxes, manholes and fire hydrants, must be shown on the site, landscape, drainage and paving plans. 24. The location of the proposed 6-inch fire line and 2-inch domestic water services, . including backflow protection and water meter inside the building, must be provided and approved by the City Water Superintendent. 09-05-2000 ----- - 29 - 25. The sanitary sewer service can be provided from the 18-inch main in Broadway . Avenue. The stub to the property will be instailed by the City Sewer Department following application and fees filed and paid at the Building Department. 26. The plans must show the proposed 6~inch fire line, 2-inch domestic line and the 4-inch sanitary sewer service line. 27. Plans and specifications for any required fire service line must be prepared in accordance with the City's Fire Service Line Policy by a Professional Engineer (PE), 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. 28. Existing sewer and water mains shall be clearly identified as existing. All fire hydrants within 500 feet shall be clearly depicted. 29. 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 and/or culverts, adequate cover shall be maintained. 30. Applicant must obtain the necessary permits for street cut in Main Street from Montana Department of Transportation, highway division. . 31. The final improvement drawing shall be adequately dimensioned. A legend of all pertinent line types used shall also be provided. 32. All existing utility and other easements must be shown on the final site plan (FSP). 33. Applicant shall provide and file with the County Clerk and Recorder's office executed Waivers of Right to Protest Creation of Special Improvement Districts (SIDs) for the following: a. Signalization improvements to the intersection of Broadway Avenue and East Main Street. The document filed shall specify that in the event an SID is not utilized for the completion of these improvements, the developer agrees to participate in an alternate financing method for the completion of said improvements on a fair share, proportionate basis as determined by square footage of property, taxable valuation of the property, traffic contribution from the development or a combination thereof. 34. A Storm water 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 sufficient spot elevations), stormwater retention basin and drywell details (including basin and drywell 09-05-2000 -.-.- .-------.--- ~ 30 - sizing and discharge calculations, pond typical sections, and drywell, inlet . structure, and discharge structure details), stormwater discharge destination, and a stormwater maintenance plan. The Storm water 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. 35. Drywells are permitted for detention of stormwater runoff associated only with roof drains. Stormwater runoff from parking areas, etc., is prohibited from entering drywells. 36. Details must be provided for both drywell 6.inch overflow line connections to Detention Pond No.1 (including line slope and invert elevation of the discharge end). 37. Elevation of the outlet structure overflow grate must be specified on the plans and located below the top of Detention Pond No.1. 38. The existing catch basin located along Broadway Avenue must be replaced with City standard inlet and catch basin as specified in Section 02721 of the City of Bozeman Modifications to Montana Public Works Standard Specifications. 39. Details must be provided for the connection of the outlet structure discharge . line to the catch basin located along Broadway Avenue (including line slope, and invert elevations of the discharge end and existing catch basin). 40. Existing railroad tracks crossing the northern portion of the site interfere with Detention Pond No.1. If railroad tracks are to remain active, Detention Pond No.1 will require modification. 41. Drainage directions must be indicated on the final site plan as they are in the legend. 42. The maximum permissible side slope for stormwater retention ponds is 3: 1. 43. City standard sidewalk shall be installed and properly depicted at the standard location (i.e., 1 foot off property line) along the Broadway Avenue frontage. In addition, City standard curb and gutter shall be installed along the Broadway Avenue frontage. Sidewalks along Main Street shall be installed to similar design and specifications as the adjacent Montana Ale Works. 44. Restricted parking along East Main Street and Broadway Avenue frontages shall be designated by appropriate Manual Uniform Traffic Control Devices (MUTCD) . "no parking" signage, and yellow painted curb as follows: a. 10 feet westward and 30 feet eastward from the existing East Main Street access for the Montana Ale Works. MUTCD signs 09-05-2000 ------ - 31 - R7-1 Land R7-1 R shall be installed to the left and right of the . designated "no parking" area, respectively. b. 30 feet westward from the intersection of Broadway Avenue and East Main Street. beginning at the point of tangency along East Main Street. MUTCD sign R7-3aR shall be installed at the western extent of the designated "no parking" area. c. 30 feet northward from the existing stop sign located at the intersection of Broadway Avenue and East Main Street. MUTCD sign R7-3aL shall be installed at the northern extent of the designated "no parking" area. 45. The drive approaches shall be constructed in accordance with the City's standard non-residential driveway approach. 46. 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. 47. The Montana Department of Fish, Wildlife and Parks, SCS, MDEQ and Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to final site plan approval. . 48. All rooftop and/or exterior mechanical equipment must be screened from view and must be shown on the final site plan. All equipment and locations are subject to review and approval of the Administrative Design Review staff. 49. Exterior luminaires within the streetscape shall only be approved and installed if the following conditions are met: (a) the light from these luminaires does not interfere with the dark sky; and (b) the lights and light beams themselves shall be tilted toward the building and not upward to the sky. All plans and specifications, including light type, bulb size and wattage, and location, must be reviewed and approved by the Design Review Board prior to final site plan approval. 50. Pedestrian benches and trash receptacles shall be installed along East Main Street for the enjoyment and use of the public. All details, specifications and locations shall be shown on the final site plan and shall be subject to review and approval by the City Engineering and Planning Departments prior to final site plan approval. 51. The applicant shall provide a joint access agreement for shared parking between the adjoining properties, 611 East Main Street (existing Montana Ale Works) and 777 East Main Street (proposed project). The City of Bozeman shall be . made a party to said joint access agreement, with final form and content subject to review and approval by the City Attorney. 09-05-2000 - 32 - 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 hearina - Variance from Section 18.65.190(DL Bozeman Municipal Code. to allow existina non- conformina. freestandina, pole-stvle sian to remain rather than bring it into compliance in coniunction with site modifications on Lot 1 , Block 1 , Tanae's Addition - TCIP Partnership for Holidav Inn. 5 Baxter Lane (C-0001 ) This was the time and place set for the public hearing on the variance from Section 18.65.190(D) of the Bozeman Municipal Code, to allow the existing non-conforming, freestanding, pole-style sign to remain rather than bring it into compliance in conjunction with site modifications on Lot 1, Block 1, Tange's Addition. as requested by TCIP Partnership under Application No. C-0001 for the Holiday Inn. The subject property is more commonly located at 5 Baxter Lane. Mayor Youngman opened the public hearing. Associate Planner John Sherman presented the staff report. He stated that one of the conditions for the Certificate of Appropriateness to allow the exterior renovations to the Holiday Inn was that the freestanding sign be brought into compliance or the applicant seek a variance to retain it. In response to that condition, this application for variance has been filed. The Associate Planner stated that staff has evaluated the existing sign and found that it is 37 feet in height and 253 square feet in size. or seven times the area allowed under the current sign . code. He indicated that staff has also reviewed this application in light of the three criteria established by the Montana Supreme Court; and staff's comprehensive findings are contained in the written staff report. He forwarded staff's recommendation for denial of the application, based on the findings that it does not meet the three criteria. He noted that three letters have been received regarding this item, all in opposition to the requested variance. Responding to Commissioner Brown, the Associate Planner stated that staff is willing to work with the applicant to develop a proposal for signage that provides the maximum signage allowed in the entryway zone. He then showed the Commission a rendering of the wall signage that is to be installed in conjunction with the exterior improvements, and stressed that this variance is for the existing freestanding sign only. Mr. Michael Garrity, attorney representing the applicant, stated the Holiday Inn buildings were constructed in the 1960s and 1970s; and their siting on the land precludes relocating the freestanding sign to get the necessary setback for purposes of maximizing the sign height and size. He noted the exterior of the building is currently being refurbished, and that process will hopefully be done in October. He noted the signage proposed for the exterior of the building is fully in compliance with the sign code. Mr. Garrity stated the existing freestanding sign is set back 15 feet from Baxter Lane; and the only place it could be located on site to gain the 73-foot setback necessary to meet code requirements would be along the west property line, by the Hampton Inn. In that location, it would not be visible from North 7th Avenue, which is the entrance to the motel. . Mr. Garrity reviewed the three criteria established by the Montana Supreme Court in 1934, stating he believes they are satisfied. He noted the purpose of the sign code is to eliminate 09-05-2000 ...---.--. - 33 ~ distractions, to identify locations and to ensure compatibility with surrounding land uses. He . suggested that approval of this variance will result in signage which complies with the spirit of the code. He stated that, while the Planning Office has indicated no unique situations are involved, the reality is that the existing building cannot be resited; and that creates problems with meeting setback requirements for signage that is visible from both Baxter Lane and North 7th Avenue. He stressed that the North 7th Avenue overpass is on an increasing grade, and the traveling public needs signage that is high enough and large enough to be visible. He stated that, because the structures were constructed in the 1960s and 1970s, the motel is not set back as far on the property as those constructed since 1995; and it is, therefore, not possible to gain the setbacks necessary to obtain the same height or size of signage as those motels enjoy. He concluded by stating that approval of this requested variance would not be a breach or circumvention of the zone code. He also stressed the importance of recognizing the variance applies only to the pole sign; all of the remaining signage would be in compliance with the code. Mr. Bruce Stender, applicant, stated his company purchased the Holiday Inn in the Fall of 1986, and has participated in the economic life of the community since that time. He noted the original buildings were built in 1969 and 1974, with the convention facilities being constructed in the 1980s. He stated that this application is to retain the existing freestanding sign, indicating that loss of that sign will result in diminishing its east entrance because of the setback requirements and the elevation of North 7th Avenue. He noted that the motel is currently undergoing a $350,000 exterior renovation project, which has triggered the requirement to bring the signage into compliance. He stated that to do so, however, would create a competitive disadvantage, particularly since the GranTree has a 60-foot-high sign and several other motels have similar sign sizes and heights. Associate Planner Sherman stated the applicant has several options for resiting of the . freestanding sign within the front yard area. He then reiterated his willingness to work with the applicant to ensure the maximum signage allowed. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. Commissioner Kirchhoff stated his concurrence with the staff's findings. Each of the other Commissioners, in turn, stated they, too, concurred with the staff's findings. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Commission approve the variance from Section 18.65.190(0) of the Bozeman Municipal Code, to allow the existing non-conforming, freestanding, pole-style sign to remain rather than bring it into compliance in conjunction with site modifications on Lot 1, Block 1, Tange's Addition, as requested by TCIP Partnership under Application No. C-0001 for the Holiday Inn. The motion failed by the following Aye and No vote: those voting Aye, none; those voting No being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown and Mayor Youngman. Public hearina - Conditional Use Permit - SDrinaer GrouD Architects for Salvation Army Day Care - allow 713-sQuare-foot day care center in existina buildinQ located on the west 17 feet of Lots 19 throuah 28, Rouse's Addition (32 South Rouse Avenue) (Z-0062) This was the time and place set for the public hearing on the Conditional Use Permit, as . requested by Springer Group Architects for the Salvation Army Day Care under Application No. Z-0062, to allow a 713-square-foot day care center in the existing building located on the west 17 feet of Lots 19 through 28, Rouse's Addition. The subject property is more commonly located at 32 South Rouse Avenue. 09-05-2000 - 34 - Mayor Youngman opened the public hearing. . Associate Planner John Sherman presented the staff report. He stated the proposed 713- square-foot day care facility is currently being operated under a temporary use permit and a temporary license from the State. He 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. He noted that the Development Review Committee and the Design Review Board have also reviewed this application, and concur in the recommendation for approval, subject to several conditions. Mr. Lowell Springer, architect representing the applicant, gave a Quick history of the day care, noting it was previously located in the basement of the old Salvation Army church building. He noted that facility was illegal and unsafe; and this new facility is a much safer location for the day care. He concluded by stating they accept the conditions recommended by staff. Lt. Rich Pease, 206 McAdow Avenue, confirmed that they agree to all of the conditions, indicating he is willing to work with City staff on this project. He characterized their program as a necessary service for underprivileged families and children. Responding to Commissioner Frost, Associate Planner Sherman stated the dumpster is for use by the Salvation Army; however, because of its location and lack of screening, "people use it as a landfill". Lt. Pease stated that, because of the layout of the property, the current location is the best one for the dumpster. He suggested that, with attractive screening and possibly fencing that can be closed at night, some of the dumping issues can be addressed. . Responding to Commissioner Smiley, Lt. Pease stated that, at the present time a temporary construction fence precludes driving through the lot and exiting onto the alley. He indicated a willingness to consider a traffic pattern that allows people to enter from East Babcock Street and exit onto the alley if the details can be worked out with City staff. Lt. Pease stated the expense of disposing of the items dropped by the dumpster is of concern to the Salvation Army. He suggested that, with the new location, and possibly increased police and sheriff drive-bys, the amount of illegal dumping could be reduced. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. Commissioner Frost suggested that the conditions include a requirement that the lighting be brought into compliance with the code. He recognized that the landscaping condition addresses the street trees, but he wants the conditions to also require maintenance of the landscaping. He noted that, at the present time, there are weeds growing up through the sidewalk; and snow removal needs to be more consistent in the winter. Lt. Pease stated that, along with the installation of additional landscaping, they are having the current systems repaired. He also indicated a willingness to improve maintenance of the site, including the weeds and snow removal, stressing his interest in ensuring that they are good neighbors and good residents. . It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the Conditional Use Permit, as requested by Springer Group Architects for the Salvation Army Day Care under Application No. Z-0062, to allow a 713-sQuare-foot day care center in the existing building 09-05-2000 - 35 - located on the west 17 feet of Lots 19 through 28, Rouse's Addition, be approved, subject to the . following conditions: 1. The location of the water service curb box and the sanitary sewer service must be correctly shown on the plans. 2. Backflow protection must be installed in compliance with the City of Bozeman standard and approved by the Water Department. 3. If fire protection is required, an additional water service must be installed from Babcock Street. 4. The building in currently being serviced with a 1-inch domestic water and a 4- inch sanitary sewer. 5. The applicant shall provide staff with written documentation of the review and approval by the State Department of Health and Human Services for a Day Care Center. 6. The parking spaces found immediately adjacent to the day care center shall be signed as "Short Term Spaces for Day Care Use Only", additionally the proposed "Van Accessible" parking space shall be relocated to this area. 7. The applicant shall screen the area to be used for the outdoor storage of goods and the existing garbage dumpster. Screening shall be by providing a 100% . opaque wall or fence not less than six feet in height. or: 8. The applicant shall relocate the dumpster to an off alley location or other location, if allowable by the garbage pick up company. 9. The applicant shall delineate on plan the location of one way signage were appropriate. 10. The applicant must submit a final site plan within 90 days of preliminary approval. 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. If occupancy of any portion of the building is to occur prior to completion of all required improvements, then the Improvements Agreement must be financially guaranteed through a letter of credit at 1 % times the estimated cost of improvements. In any event, all required improvements will be installed within 9 months of occupancy, unless the City Commission grants a variance to the time limit. 11. The plan shall conform to Section 18.49.040 General Landscaping Provisions, specifically 18.49.040. C. Preparation of Landscape Plan, 18.49.060 Mandatory . Landscaping Provisions, 18.49.060.e. Minimum of 20 square feet of landscape area for each off street parking space, Section 18.49.060.H. Protection of perimeter parking lot treatment which shall be installed to protect landscaping adjacent to parking lots and landscaping areas within parking lots must be 09-05-2000 - 36 - protected from vehicular traffic through the use of continuous concrete curbs, . and Section 18.49.060 Irrigation Standards. The applicant shall provide continual maintenance of the existing and proposed landscaping. 12. The applicant shall provide more consistent maintenance of the sidewalks adjacent to this property, including getting rid of the weeds growing in the sidewalk and snow removal. 13. The applicant shall delineate on plans compliance with Section 18.120.B.9. Lighting. Any lighting used to illuminate an off~street parking area shall be shielded and arranged so as to reflect light down and away from adjoining properties and street rights-of-way. 14. The right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the Conditional Use Permit procedure. 15. All of the special conditions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his successors or assigns, and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the final site plan approval or commencement of the use. 16. All of the conditions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or . assigns. 17. All of the special conditions attached to this Conditional Use Permit shall be consented to in writing by the applicant prior to commencement of the use. 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. Adjournment - 9:10 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Kirchhoff, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Kirchhoff, Commissioner Smiley, Commissioner Brown and Mayor Youngman; those voting No, none. ATTEST: ~6~ MARCIA B. YOUNG A ,Mayor . ~~~ ROBIN L. SULLIVAN Clerk of the Commission 09-05-2000