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Home My WebLink About2000-10-02 Minutes, City Commission --.-- --------- -...------.---- ~".....~",;.;' -_.,- MINUTES OF THE MEETING OF THE CITY COMMISSION . BOZEMAN. MONTANA October 2. 2000 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building. on Monday. October 2. 2000. at 7:00 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. Februarv 7. February 14. June 19. July 17. SeDtember 18 and SeDtember 25. 2000 It was moved by Commissioner Brown. seconded by Commissioner Frost. that the minutes of the meetings of September 18 and September 25, 2000. be approved as amended. 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. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Award bid. sale of bonds for Pooled Special Improvement District Bonds. Series 2000 (SID Nos. 666. 667 and 668) . DADavidson & Co.. Bozeman. Montana - Total Interest Cost bid of 5.4912% One.year extension of preliminary plat for Kaay Crossroads Subdivision (subdivide 21.64 acres located in the SE%. Section 14. T2S. R5E. MPM. into one multi- family residential lot and 9 commercial lots) (northwest corner of Kaay Boulevard and South 19th Avenue) (P.9751) Authorize City Manaaer to sian - Annexation Aareement with Bozeman School . District No.7 - 27.730 acres described as lot 4A. Minor Subdivision No. 221 A (1.000 feet south of intersection of North 27th Avenue and East Valley Center Drive) 10.02-2000 - 2 . Commission Resolution No. 3405 - annex in a 27.730 acres described as Lot 4A, . Minor Subdivision No. 221A (1.000 feet south of intersection of North 27th Avenue and East Valley Center Drive) COMMISSION RESOLUTION NO. 3405 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, EXTENDING THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE WITHIN THE CORPORATE LIMITS OF THE CITY OF BOZEMAN A TRACT OF LAND TO SAID CITY, TO BE KNOWN AS THE BOZEMAN SCHOOL DISTRICT ANNEXATION AND HEREIN MORE PARTICULARLY DESCRIBED. Commission Resolution No. 3397 - levyina and assessina SID No. 666 - acauirina street imDrovements in Valley West Annexation: setting Dublic hearina date for October 1 6 , 2000 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. Commission Resolution No. 3398 - levyina and assessina SID No. 667 - acauirina water imDrovements in Valley West Annexation: settina Dublic hearina date for October 16, 2000 COMMISSION RESOLUTION NO. 3398 A RESOLUTION OF THE CITY COMMISSION OFTHE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL BENEFITED PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 667 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE COST OF ACQUIRING THE IMPROVEMENTS WITHIN SAID EXTENDED SPECIAL IMPROVEMENT DISTRICT NO. 667. Commission Resolution No. 3399 - levyina and assessina SID No. 668 - acauirina sewer imDrovements in Valley West Annexation; settina Dublic hearina date for October 16. 2000 COMMISSION RESOLUTION NO. 3399 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, . LEVYING AND ASSESSING A SPECIAL ASSESSMENT OF TAXES UPON ALL BENEFITED PROPERTY IN SPECIAL IMPROVEMENT DISTRICT NO. 668 IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA. TO DEFRAY THE 10-02.2000 - _ _. n______ . - ---....------..-...----------.. -...- ... - -----..----- .-----.- - 3 - COST OF ACQUIRING THE IMPROVEMENTS WITHIN SAID EXTENDED SPECIAL . IMPROVEMENT DISTRICT NO. 668. Commission Resolution No. 3400 - levvina and assessina 1998A and 1998B Sidewalk Proarams; settina public hearina date for October 16. 2000 COMMISSION RESOLUTION NO. 3400 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AN ASSESSMENT AND TAX AGAINST EACH LOT OR PARCEL OF LAND IN FRONT OF WHICH SIDEWALKS, CURBS. GUTTERS, AND ALLEY APPROACHES OR ANY COMBINATION THEREOF HAVE BEEN CONSTRUCTED UNDER ORDER OF CITY COMMISSION DATED MAY 18, 1998. FOR THE 1998A SIDEWALK PROGRAM, AND UNDER ORDER OF CITY COMMISSION DATED JUNE 15, 1998. FOR THE 1998B SIDEWALK PROGRAM, TO DEFRAY THE COST OF CONSTRUCTION OF SAID SIDEWALKS. CURBS. GUTTERS AND ALLEY APPROACHES OR ANY COMBINATION THEREOF. Commission Resolution No. 3401 - levvina and assessina liahtina districts for Fiscal Year 2001; settina Dublic hearina date for October 16. 2000 COMMISSION RESOLUTION NO. 3401 A RESOLUTION OF THE CITY COMMISSION OFTHE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING MAINTENANCE AND ELECTRICAL CURRENT COSTS FOR . SPECIAL IMPROVEMENT LIGHTING MAINTENANCE DISTRICTS OF THE CITY OF BOZEMAN. Commission Resolution No. 3402 -Ievving and assessina delinauent aarbaae for Fiscal Year 2000; settina Dublic hearina date for October 1 6, 2000 COMMISSION RESOLUTION NO. 3402 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN. MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN. STATE OF MONT ANA. TO DEFRAY THE COST AND EXPENSE OF COLLECTING, REMOVING AND DISPOSING OF SOLID WASTE. Commission Resolution No. 3403 - levvina and assessina delinauent sewer for Fiscal Year 2000: settina Dublic hearina date for October 16. 2000 COMMISSION RESOLUTION NO. 3403 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN. STATE OF . MONTANA. UNLESS PROVISIONALLY EXEMPTED, TO COLLECT DELINQUENT SEWER CHARGES PLUS COSTS AND EXPENSES INCURRED BY THE CITY OF BOZEMAN, AS PROVIDED FOR IN SECTION 7-13-4309. MONTANA CODE ANNOTATED. 10-02-2000 - 4 - Commission Resolution No. 3404 - levvina and assessina delinauent snow removal . charaes for Fiscal Year 2000: settina oublic hearina date for October 16. 2000 COMMISSION RESOLUTION NO. 3404 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING A SPECIAL ASSESSMENT UPON CERTAIN SPECIFIED REAL PROPERTY IN THE CITY OF BOZEMAN. COUNTY OF GALLATIN, STATE OF MONTANA, UNLESS PROVISIONALLY EXEMPTED. TO DEFRAY THE COST AND EXPENSE FOR REMOVAL OF SNOW AND ICE FROM SIDEWALKS IN THE CITY OF BOZEMAN UNDER THE PROVISIONS OF CHAPTER 12.24 OF THE CITY OF BOZEMAN MUNICIPAL CODE. Authorize City Manaaer to sian - Licensor Consent to transfer "License Aareement for Use of City ProDerty" from 3 Rivers PCS. Inc.. to CoBank. ACB Aooroval of final Dlat for Gallatin Park Subdivision (subdivide 29.686 acres described as a oortion of COS No. 1988. located in the NE~. SE%. Section 36. T1 S. R5E. MPM. into 1 commerCial lot and 33 business and liaht industrial lots) (alona west side of Manley Road) (P-9844) Aooroval of final Dlat for StoneRidae PUD Minor Subdivision No. 1 (subdivide 28.42 acres located in the E% , Section 2. T2S, R5E. MPM into five lots) (northwest corner of North 19th Avenue and Durston Road) (P-9749) . ADDroval of final Dlat for J.C. Billion Amended Minor Subdivision (allow relocation of 1.149 acres of ODen SDace on Lot 1 to be combined with existina ODen soace to the north) (northwest corner of intersection of US Hiahway 191 and Cottonwood Road) (P-0013) ADDroval of final olat for Harvest Creek Subdivision. Phase II (subdivide 20.7588 acres alona north side of Durston Road at North 27th Avenue into 78 sinale-family residential lots) (P-9762) ADDroval of final Dlat for Osterman Minor Subdivision {subdivide 12.11 acres known as Lot 1 A. Minor Subdivision No. 41 A. into five lots for commercial uses (between East Frontaae Road and 1-90) (P-9840) Authorize City Manaaer to sian . Reauests for Partial Reconveyance for Lot 1 A-2 of Certificate of Survey No. . situated in the SEY-t. Section 8. T2S, R6E. MPM (corner of Haaaerty Lane and Ellis Street) AODroval of final Dlat for Farmhouse Partners Amended Subdivision (subdivide 1.906 acres located in the SE~. Section 8. T2S. R6E. MPM. into two lots) (southeast of the intersection of Haaaerty Lane and Ellis Street) (P-0024) ExemDtion from subdivision review - realianment of common boundary between Lots . 2 and 5. Bridaer Peaks Town Center Subdivision (northeast corner of North 19th Avenue and West Oak Street) 10-02-2000 ---.------.--- -...- --..---.-. ..- .---.---...----..--- - 5 - Proclamation - "GalaVan Day" - October 10, 2000 . Claims It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown and Mayor Youngman; those voting No, none. Public hearina - Ordinance No, - interim emeraency ordinance Droyidina for a six-month moratorium on submission and aooroval of all Dermits for any alteration to or chanae in use of any existina residential buildina or develooment which has effect of disDlacina existina low or moderate cost housina This was the time and place set for the public hearing on the proposed Ordinance No. , as approved by the City Attorney, entitled: ORDINANCE NO. AN EMERGENCY INTERIM ZONING ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR A SIX MONTH MORATORIUM ON SUBMISSION AND APPROVAL OF ALL PERMITS FOR ANY DEVELOPMENT WHICH HAS THE EFFECT OF DISPLACING OR ELIMINATING LOW AND MODERATE COST . MULTIPLE-DWELLING RESIDENTIAL USES WITHIN THE CITY LIMITS, DUE TO THE PROLIFERATION OF PERMIT APPLICATIONS FOR SUCH DEVELOPMENTS UNDER ZONING PROVISIONS DEEMED INADEQUATE FOR ADDRESSING PROTECTION AND PRESERV A TION OF EXISTING LOW TO MODERATE COST HOUSING. Mayor Youngman opened the public hearing. At the Mayor's request, Staff Attorney Tim Cooper gave a brief overview of the ordinance, noting its intent is to temporarily preserve the status quo, pending adoption of a permanent ordinance. He stressed that this ordinance applies only to residential uses and zoning applications that would eliminate or displace those uses. Mayor Youngman noted that adoption of this ordinance will give the City time to develop a permanent ordinance, in conjunction with and cooperation with the community, to ensure that new projects built do not cause unintended human suffering by displacement without adequate time or alternatives. Mr. Buck Bucholz, former tenant of Gallatin Apartments, recognized the building is old and probably should be razed; however, he stressed the importance of not displacing people when other housing is not available in the price range they can afford and winter is coming. He encouraged the Commission to allow the tenants to remain until they can find another place to live. . Mr. Dab Dabney, 522 South 6th Avenue, stated that he is a developer of affordable housing and a supporter of affordable housing in the area. He noted that, since he arrived in Bozeman six years ago, construction costs have increased over 35 percent, with bricks and mortar increasing 25 10-02-2000 - 6 - percent and impact fees adding 10 percent. He compared this increase in costs to the 21-percent . total inflationary increase during the same period. He noted these increases in costs translate to a rent increase for an affordable two-bedroom apartment from $500 to $660 to make a project economically feasible. He recognized the Commissioners' commitment to affordable housing and urged them to take concrete steps by implementing policies to make it possible to develop affordable housing more quickly through streamlined approval processes, eliminating or reducing impact fees, eliminating building permit fees, and eliminating or reducing special assessments. He noted that he just paid $3,000 in special assessments, including street and tree maintenance assessments, for his Comstock Apartment project; and that represents 10 percent of the net income. He stated it is the oldest and most run-down apartments that are affordable; there is no way that a developer can replace those units with new ones, even under the tax credit program, and charge the same prices as the old apartments were rented for. Mr. Dabney stated that, as a citizen, he is concerned about interim ordinances and changing the rules on a very short-term basis. He cautioned that, while Montana may not be very litigious, if someone has made an investment in property with a certain set of expectations, the City would be opening itself to potential litigation. He stressed that, to bring investment capital to Bozeman, it is important to provide an environment with a degree of predictability. Ms. Cynthia Evans, 440 East Main Street, stated one of the biggest issues is the fact that the landlord is required to give only 30 days' notice to the tenants and, especially during college season, that is not a very long time to find another affordable place to live. She noted that she and her roommate moved into the Gallatin Apartments two months ago, and suggested that if the owners knew they would possibly be demolishing it, they should not have allowed new renters in. She concluded by noting that there is little affordable housing on Main Street and, at the present time, . some of the residents in the Gallatin Apartments walk to work. Mr. Tom Stonecipher, attorney representing the owner of the Gallatin Apartment Building and applicant for the Jacob's Crossing project, stated his client's position regarding this proposed ordinance is that quick decisions can result in a lot of problems. He noted the Commission's concern seems to have arisen because people don't have enough time to find alternative housing. He indicated that his client has proposed to make monies available through the Human Resource Development Council (HRDC) to find replacement housing and defray some of the expenses. He expanded on that proposal, which is based on the exemption of his project from the provisions of this ordinance. He stated that a review of the tenants in the Gallatin Apartment Building revealed they range from residents making sub-standard wages to employees of Anchor Gaming and retired military personnel. He noted that the original notice to vacate gave tenants 45 days, not the 30 days previously mentioned. He indicated that under this new proposal, remaining tenants will be given until the end of the year to relocate; and the owner is willing to dedicate $450 per month through December 31, 2000, toward rentals to accommodate only those tenants who relocate between now and October 12. He indicated that these monies are to be handled by either the owner or a third party; and the tenants may select their housing of choice. He indicated that, for any tenant who relocates while owing rent, the amount of rent owed will be deducted from the December payment. Mr. Joe Walsh, 3594 Bridger Canyon Road, stated the tenants in the Gallatin Apartments do not make enough money to afford $450 a month in rent. He estimated there are ten residents left in the building, and suggested that they be allowed to remain there until spring. He recognized that the . building needs to be razed; however, he encouraged the Commissioners to also recognize that finding a new place to live may be accompanied by finding a new job or getting a vehicle to retain a current job. 10-02-2000 --- ---- -- ------ ------- -------.-.- -- ----- --- ----- - 7 - Mr. Rick Lane, 1995 Bear Canyon Road, stated he is concerned about the short notice for . changing the rules, particularly when people have invested monies in anticipation of a certain type of development. He characterized the owner's offer to assist in relocation as generous. He encouraged the Commissioners to consider the building from a safety standpoint, rioting that he was contracted to look at the building's electrical system to see if it could be upgraded and made safer. His determination was that the building is a fire hazard and not safe for anyone to live in, and he questioned why the Commission would want to make the owner assume liability for another six months. He concluded by encouraging the Commissioners to consider the safety of the residents while making their decision on this ordinance. Mr. Scott Johnson, representing the local chapter of the Landlords' Association as well as Peak Property Management, submitted a letter dated October 2, voicing opposition to the proposed ordinance. He stated that he went through the Gallatin Apartment Building 1 % years ago, and he is surprised that it has not already been condemned. He recognized the need for affordable housing, but encouraged the Commissioners to consider the long~term issues rather than making a quick decision by adopting this proposed ordinance. Ms. Teri Eastman, 440 East Main Street, stated she has been paying $10 more in rent since January 1999 to cover the higher operation costs, and questioned why the safety issues have not been addressed with that increase. Mr. Mark Evans, Executive Director of the Southwest Montana Building Industry Association (SWMBIA), distributed a letter to the Commissioners dated October 2, in opposition to adoption of the proposed ordinance. He stated that the SWMBIA has always attempted to support affordable housing, as evidenced by the $65,000 to $70,000 in cash donations that they have raised for the Habitat for . Humanity over the past nine years plus the in-kind services provided. They also co-sponsored the needs analysis for affordable housing, and continue to be willing to work with the City on long-term solutions. Mr. Evans stated that the manner in which the Jacob's Crossing project has been handled is of concern to SWMBIA, particularly since predictability has been identified as one of the most important issues in development. He also indicated that this particular ordinance flies in the face of the 2020 plan, which includes provisions for retaining and enhancing the downtown core and encouraging development of under-utilized properties. Mr. Evans raised concerns about the breadth and scope of the ordinance, since it is extremely broad and vague, and cautioned that it is not good public policy to adopt an ordinance that could result in litigation. He encouraged the Commission to not adopt this ordinance, but to go through the standard process and get input from the community before adopting an ordinance. Ms. Caren Roberty, Human Resource Development Council, stated the owner of the Gallatin Apartments has been more generous than its previous owners and sets a new standard for displacement. She noted the tenants have indicated they need more time to relocate, and asked the Commissioners to carefully consider that request. She also encouraged the Commission to find another way to address this issue rather than adopt this ordinance. Mr. Lloyd Mandeville, 1001 Woodland Drive, stated he is President of the Gallatin Association . of Realtors. He stressed the importance of recognizing private property rights and noted that adoption of this ordinance will not preclude a property owner's eviction of tenants. He concluded by encouraging the Commission to not adopt this ordinance. 10-02-2000 -. .-..... ----.-.-- - -- - 8 - Mr. Lowell Springer, 201 South Wallace Avenue, suggested that, rather than adopt this . ordinance, the community work together to identify other complexes that may face issues similar to the Gallatin Apartments and identify a programmatic method of finding alternative residences for those people or incentives for developers. He suggested this approach could result in providing a supply of more housing in the community that is affordable. Mr. Richard Smith, local builder, stated he has looked at the project and the building, and feels it is commendable that the developer is willing to proceed with his project and invigorate the downtown area. He cautioned that knee jerk reactions by the Commission will cause people to lose interest in upgrading and maintaining the downtown. He stressed that the Gallatin Apartment building is so bad it cannot be improved, and encouraged the Commissioners to consider the liabilities of allowing people to remain there. He characterized the developer's proposal to assist the displaced residents as "unheard of". He cautioned that adoption of this ordinance could result in ghettos in Bozeman because property owners will choose not to improve buildings like this. Ms. Debbie Armand, 440 East Main Street, asked why the tenants were not informed when the building was sold in March. She noted that, if the tenants had known they would need to relocate at that time, it would have been easier than trying to find another place now. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. Mayor Youngman suggested that the ordinance be revised to include an exclusion for duplexes and smaller, to avoid some of the vagueness. Commissioner Smiley suggested that a task force be created for a two-month period to provide . more community input. Commissioner Kirchhoff noted there are two issues involved, displaced persons and the supply of affordable housing in Bozeman; and demolition of the Gallatin Apartments will result in displaced persons and fewer affordable housing units. He noted that, in this instance, no one has testified that the building needs to remain because of its historic or 'structural value; there are not many residents left in the building; and the owner has offered assistance. He proposed that, rather than providing $450 per month for three months, the owner consider providing $250 per month for eight months, so the current residents have until May to find a truly affordable unit. He suggested that this particular development be exempted from the provisions of the urgency ordinance, but that it be adopted to ensure that concerns about other similar properties are addressed. He concluded by noting the importance of addressing the obstacles to affordable housing, many of which have been identified during this public hearing. Commissioner Frost stated there is no question that a displacement ordinance is needed, but agreed with Commissioner Kirchhoff's position that this project should be exempt from the provisions of the urgency ordinance. He concluded by voicing his appreciation for what the property owner has done for the tenants in their relocation efforts. Commissioner Brown concurred that more low cost housing needs to be provided, recognizing it will take a combination of approaches to do so. He concluded by noting it is unfortunate that adoption of this urgency ordinance seems to be directed at a single development. . Mayor Youngman stated that, while a specific development brought attention to this issue, the urgency ordinance is not directed at it. She noted that this discussion is at the front of the curve, and 10-02-2000 - 9 - the City is trying to identify an ordinance that will preclude human suffering. She stated that her . bottom line is to not have people on the street, and a 45-day eviction notice at the worst possible time of the year may not be appropriate. She agreed that this development can'be exempted from the provisions of the ordinance, provided the details can be agreed upon. She cautioned that renovation can have the same effect on affordable housing as demolition. She concluded by noting that the private market has not adequately responded to affordable housing needs, and stated the City needs time to identify how to best protect the residents in existing affordable units. Commissioner Smiley noted that she grew up in Bozeman; and the community's free enterprise system has not done well in providing affordable housing. Responding to Mayor Youngman, a majority of the Commissioners agreed that the ordinance should be revised to include a minimum size of project impacted by this ordinance and agreed that the Jacob's Crossing project should be exempt from its provisions. Following discussion, the Commissioners concurred that further discussion on this item should be continued to next week's meeting; and Mayor Youngman reopened the public hearing so additional public comment could be received at that time. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the public hearing on this proposed ordinance be continued to the 3:00 p.m. session on October 9. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost and Mayor Youngman; those voting No, none. . Break - 8:25 to 8:30 D.m. Mayor Youngman declared a break from 8:25 p.m. to 8:30 p.m., in accordance with Commission policy. Public hearina - Certificate of ADDroDriateness with deviations from Sections 18.50.050.F.1. and 18.50.110. Bozeman MuniciDal Code. to allow for construction of a new aaraae that encroaches aDDroximately 8 feet into reauired 10-foot rear yard setback and allow a 4-foot reduction in the reauired aisle width/turnina radius from the reauired 26 feet on Lots 11 and 12. Block H. Rouse's Addition - Georae Kittrell. 541 East Mendenhall Street (Z-0107) This was the time and place set for the public hearing on a Certificate of Appropriateness, as requested by George Kittrell under Application No. 2-0107, with deviations from Sections 18.50.050.F.1. and 18.50.110 of the Bozeman Municipal Code, to allow for construction of a new garage that encroaches approximately 8 feet into the required 1 O-foot rear yard setback and to allow a 4-foot reduction in the required aisle width/turning radius from the required 26 feet on Lots 11 and 12, Block H, Rouse's Addition. The subject property is more commonly located at 541 East Mendenhall Street. Mayor Youngman opened the public hearing. . Historic Preservation Planner Derek Strahn presented the staff report. He stated that under this application, a new 24-foot by 24-foot garage is to be constructed approximately two feet from the 10-02-2000 _________n_____ .. - . .----------- - 1 0 ~ rear property line. He noted a second deviation has been advertised, to allow for a shorter turning . radius than is required under the code; however, that deviation may not be necessary. He noted that the design of the proposed garage generally reflects the character of the existing residence and is subordinate in size. The Historic Preservation Planner stated that staff has reviewed this application in light of the Secretary of Interior's Standards; and staff's comprehensive findings are contained in the written staff report. He briefly highlighted those findings, and forwarded staff's recommendation for approval, subject to the two boilerplate conditions. Commissioner Frost suggested that the staff's "strongly encourage" comments regarding double hung windows be turned into a condition. Historic Preservation Planner Strahn stated that, based on the drawings accompanying the application, it was difficult to determine if double hung windows were included. The applicant indicated a willingness to respond to questions. No one was present to speak in opposition to the requested deviations. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that Certificate of Appropriateness, as requested by George Kittrell under Application No. Z-01 07, with deviations from Sections 18.50.050.F.1. and 18.50.110 of the Bozeman Municipal Code, to allow for . construction of a new garage that encroaches approximately 8 feet into the required 1 O-foot rear yard setback and to allow a 4-foot reduction in the required aisle width/turning radius from the required 26 feet on Lots 11 and 12, Block H, Rouse's Addition, be approved, subject to the following conditions: 1. That, to make the new garage as compatible as possible with the prevailing historic character of the building site, the applicants use double hung windows and historically appropriate window trim. 2. The applicant shall obtain a building permit within one year' of Certificate of Appropriateness approval, or this approval shall become null and void. 3. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness application. Any modifications to the submitted' and approved drawings shall invalidate-the project's approval unless the applicant submits the proposed modifications for review and approval by the Planning Office prior to undertaking said modifications, as required by Section 18.62.040 of the Bozeman zoning ordinance. The 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. . 10-02-2000 .- --- ..-. ----.----.-. - u_.____._. _ - 11 - Public hearina ~ Preliminarv Dlat for Annie Subdivision. Phase III - Roaer and Rosalind Smith - subdivide . 16.35 acres described as Lot 1. Annie Subdivision. Phase II. into 33 sinale-familv lots and 12 multi- familv lots. with variance from Section 16.14.040.A. to allow the sidewalks alona Roaer's Way and Rose A venue cul-de-sac to be installed as each lot becomes develoDed (northeast corner of intersection of Durston Road and North 25th Avenue) (P-0032) This was the time and place set for the public hearing on the preliminary plat for Annie Subdivision, Phase III, as requested by Roger and Rosalind Smith under Application No. P-0032, to subdivide 16.35 acres described as Lot 1, Annie Subdivision, Phase II, into 33 single-family lots and 12 multi-family lots. The subject property is more commonly located at the northeast corner of the intersection of Durston Road and North 25th Avenue. In conjunction with this preliminary plat is a requested variance from Section 16.14.040.A. of the Bozeman Municipal Code, to allow the sidewalks along Roger's Way and the Rose Avenue cul-de-sac to be installed as each lot becomes developed. Mayor Youngman opened the public hearing. Assistant Planner Karin Caroline presented the staff report. She stated that this proposed subdivision, which includes 33 single-family lots and 12 multi-family lots, is to be developed in three or four phases. She noted that the Planning staff and the Development Review Committee have reviewed this application in light of the applicable criteria and, based on the findings contained in the written staff report, have forwarded a recommendation for approval, subject to several conditions. The City Planning Board conducted its review of this application at its September 19 meeting and, in light of concerns raised during that meeting, the Board has recommended rewording for three of the conditions and adding four conditions. She briefly reviewed those revisions and additions, indicating that the Planning Board recommended the redesign of three of the multi-family lots to allow for . extension of Daffodil Street through the subdivision and that, in light of some of the public concern voiced, one of the multi-family lots be converted to single-family lots. She indicated that, under the recommended conditions, the single-family lots in Phase I could be developed; however, no additional development would be allowed until the Durston Road improvements have been made or a special improvement district has been created and the bonds sold. The Assistant Planner stated that, in conjunction with this subdivision, the applicant is requesting a variance to allow sidewalks to be installed for the single-family lots and the lots along Roger's Way and the Rose Avenue cul-de-sac as each lot develops. Responding to City Manager Johnson, Planning Director Andy Epple confirmed that Valley West Subdivision and all future development along Durston Road will be subject to the same condition for road improvements. He then noted that the City has waivers of right to protest the creation of SIDs from Annie, Brentwood, Durston Meadows and Harvest Creek Subdivisions and other developments in the area. He stressed that the important issue is to have the improvements completed or financially guaranteed before any subsequent phase can be undertaken. City Manager Johnson stated he wants to avoid a piecemeal approach to improving Durston Road between North 19th Avenue and Cottonwood Road; rather, he wants to ensure a coordinated approach is utilized. Commissioner Frost stated he is not willing to approve any more development in this area until . Durston Road has been improved, particularly in light of the additional traffic that will be generated. 10-02-2000 -------------- - - ---.. .-------- .--- .- -- -- -.-- -.---. -....----.---- -.- -----....-... --...--------- ----- - 12 - Responding to Commissioner Brown, Assistant Planner Karin Caroline stated that the Planning . Board forwarded a recommendation for approval of the requested variance on a 6 to 1 vote. Responding to questions from Commissioner Frost, the Assistant Planner stated that the lines for the phases could be adjusted by the Commission, particularly if the design of the cul-de-sac is altered. She noted that the applicant's proposal was to include the 33 single-family lots in Phase I, the multi-family lots along the north side in Phase II and the multi-family lots in the southwest corner and the existing house in Phase III; however, the Planning Board has recommended a different phasing for the subdivision. Responding to Mayor Youngman, the Assistant Planner stated that the applicant is to work with the Gallatin Valley Land Trust and the Recreation and Parks Advisory Board on the location of the trail and the location of bridges within the easement. Staff Attorney Tim Cooper noted that, with the recent changes in subdivision regulations, the City has little enforcement authority for requiring the installation of sidewalks after the final plat has been approved. Because of those concerns, he suggested that this requirement be included on the plat and in the Improvements Agreement so that they are financially guaranteed. Mr. Don White, attorney representing the applicants, stated that the applicants own only this and one other parcel out of the original 240-acre parcel. He noted that the entire parcel was master planned in the early 1 980s, with residential development, both single-family and multi-family, a small commercial development, and a school parcel. He stated that, in conjunction with that master planning effort, the parkland dedication for the entire 240-acre parcel was dedicated up front. . Mr. White stated that, in light of concerns voiced by residents of the immediate area at the Planning Board hearing, Gaston Engineering has made some revisions to the preliminary plat, to include six single-family lots in the cul-de-sac area and extend Daffodil Street through this subdivision, with the lots adjacent to that street redesigned to include four lots for either single-family or duplex development. He indicated that the applicants agree with the revisions that resulted from the Planning Board hearing. Mr. White noted that the entire 240-acre parcel has been subject to waivers of right to protest the creation of SIDs since development started; and the applicant is willing to work in cooperation with others on the improvements to Durston Road. Ms. Rebecca Smith, 2502 Lilly, stated she lives across the street from the proposed subdivision. She voiced her appreciation for the changes made during the Planning Board meeting. She asked if there will be assurance that only single-family residences can be constructed along Rose Street and Daffodil Street. She noted that the Commissioners have received a letter signed by many of the residents in the area, voicing their preference for requiring only single-family residences in this subdivision. She noted there are 292 apartments within a .1-mile radius of her house, and questioned the need of adding more multi-family development in this area. She expressed concern about the traffic that will be generated from the proposed multi-family development along the north edge of the property, which is across the street from the school. She concluded by stating this is a family community and that they want to keep it that way. I . Mr. Conte Vorobetz, 2614 Daisy Drive, stated his concurrence with the letter that has been presented to the Commission, noting his biggest concern is traffic. He stated that, in Durston Meadows, property owners are finding affordable housing that is being poorly built and promises not 10-02-2000 ~ 13 ~ being met. He asked the Commissioners to ensure that such problems do not occur in future . subdivisions, but that they are done right. He concluded by reiterating his concern about traffic, particularly since he has a five-year~old daughter. Ms. Char DeChaine, 205 Teton Avenue, stated that when she moved into her home, there were several open lots and Durston Road was not as busy as it currently is. She noted that she is a member of the PAC at Emily Dickinson School, which has almost 500 children in Grades K through 5. She voiced her interest in seeing this entire subdivision developed as single-family residential. She noted there are no sidewalks along North 25th Avenue and Annie Street, and asked that sidewalks be required for both the development and the school if this subdivision is approved. She concluded by asking that the Commission consider the safety of the children when acting on this item. Mr. Dean Mikkelson, 1109 North Cedarview, stated he is concerned for the safety of the children at the Emily Dickinson School, and suggested that no parking be allowed on Annie Street to ensure visibility for the children as they exit the school. Ms. Rebecca Adams, 2503 Rose Street, encouraged that only single-family lots be allowed in this subdivision. She noted that, while North 25th Avenue has been identified as a residential street, it is, in fact, use as a major boulevard where vehicles travel much too fast. She proposed that a traffic study be done on North 25th Avenue and Durston Road and asked when North 27th Avenue and West Oak Street will be extended to alleviate some of the traffic. Ms. Adams stated she is concerned about apartments, particularly since they are often accompanied by parties, noise, police, etc. She stressed that residents in the area have saved to buy their homes; and they should be able to enjoy peace and quiet and be spared the impacts that multi- . family development will bring. She also asked that the Commissioners consider the impacts on Emily Dickinson School, which currently has students on a waiting list. She stressed that there is no guarantee there will be room in the school for those who may locate in this subdivision. She asked that not more than six lots be developed as multi-family lots and that the buildings not be any taller than two stories. Ms. Lillian Miller, 2615 Lillie Street, stated she serves as a crossing guard at North 25th Avenue and Annie Street; and she has found there is not a day that somebody doesn't go through her stop sign or the vehicles don't go through the area at greater than 15 miles per hour. She expressed concern that if parking is restricted on Annie Street, cars will park on North 25th Avenue and that will result in impaired vision for those crossing the str!3et. Mr. Scott Morales, 2602 Snapdragon Street, expressed concern that the proposed development in this subdivision will lower the values of the property already developed; and many of those property owners are just able to make their mortgage payments. He noted that renters often don't care about the property, and asked that those impacts be carefully considered. Ms. Kim Noyes, 2614 Goldenrod Lane, expressed concern that there are no street lights along North 25th Avenue, noting that sidewalks and lights are needed to ensure safety in a residential area. Mr. Todd Williamson, 2610 Annie Street, expressed concern about multi-family housing being located along an unpaved portion of Annie Street immediately across the street from the school. He . also expressed concern that the design of the subdivision benefits only the property owner. 10-02-2000 -.- ---- - 14 - Mr. Jason Smith. 2502 Lillie Street. asked at what point in development Annie Street will be . paved and when the park will be constructed. He concluded by voicing concerns about the safety of the children and asking that single-family development only be allowed. Mr. Anthony Scotti. 2518 Lillie Street. noted that discussion has revolved around four multi- family dwellings on Annie Street; however. he asked how many units would be constructed in each and how many bedrooms in each unit. Planning Director Epple stated the proposal is for five multi-family lots along Annie Street. each with four units. typically with two or three bedrooms per unit. He noted that there were four four-plex lots in the middle of the subdivision; however. the Planning Board asked that those be converted to single-family lots. Mr. Scotti suggested that the proposed multi-family lots be converted to single-family lots. He noted that the multi-family lots could house sixty renters and. if each had a car, that would be sixty vehicles. He noted that replacing those lots with single-family lots would reduce the number of cars on the street and provide greater visibility. Mr. Thamir Alniemi. 2503 Lillie Street, stated he gets to sleep after 11 :00 p.m.. when the vehicular noise stops. He noted that he has five children. two of whom attend Emily Dickinson School. He concluded by stating he doesn't want the value of the house to go down because of the development of this subdivision. Mr. Don White noted that Emily Dickinson School was constructed on Annie Street without being required to pave the street or provide a second access for emergency purposes; and that street . will get paved through development of this subject property. He noted that, when considering development across the street from the school. the desirability of limited accesses onto Annie Street was discussed. He noted that 13 single-family lots could be platted along that street frontage; however. the more limited access that four-plexes would provide was determined preferable. He stated that. while the lots could be 5.000 square feet, similar to those in Durston Meadows, this subdivision has no lots under 8.000 square feet. and some approach 9,000 square feet. He indicated that dividing the cul-de-sac area into six lots would be appropriate, and requiring the installation of sidewalks along Annie Street and North 25th Avenue would be appropriate. He indicated that the requested variance for sidewalk installation is for Roger's Way only. Assistant Planner Karin Caroline stated that. if the Commission wishes, it may change the multi-family lots to single-family lots. She noted that, during Development Review Committee review. the Director of Public Service voiced preference for allowing a maximum of three shared accesses onto Annie Street for the five proposed lots. She indicated that, if the Commission wishes, it could also impose a condition limiting the height of the multi-family buildings to two stories; and it could also allow only duplexes. Planning Director Andy Epple stated that neither the second phase of Castlebar nor the third phase of Harvest Creek Subdivision can be started until after West Oak Street and North 27th Avenue have been extended to create additional traffic circulation in the area. He noted that several different plans have been prepared for development of Rose Park; however. there are no immediate plans for improvements to be installed. . Responding to Commissioner Smiley. the Planning Director stated that Rose Park contains 22 acres, which meets the parkland dedication requirements for Brentwood. Arcadia Gardens. Castlebar. 10-02-2000 --..--- - 15 - Durston Meadows and this subject project. He noted that. to develop a community park. the City is . hoping to acquire additional property to make the park 40 to 50 acres in size. He indicated that the wetlands and floodplain areas could then be combined with more organized recreational activities. Responding to Commissioner Kirchhoff. Planning Director Epple stated that there is one multi- family lot at the north end of Durston Meadows. and development plans provide for a total of ten units. Commissioner Kirchhoff noted that nine years ago. Durston Road operated at a Level of Service C. and improvements have since been made and it is now rated at Level D. He noted that. for Ferguson Meadows. Durston Road was rated at Level of Service B and the current study estimates it at Level C. He stressed that Durston Road needs to be improved. voicing his position that infrastructure improvements should occur first. Further responding to comments from Commissioner Kirchhoff. the Planning Director stated that. before the intersection improvements were made to the intersection of North 19th Avenue and Durston Road in July 2000. it operated at Level of Service D. Break - 9:55 to 10:00 D.m. Mayor Youngman declared a break from 9:55 p.m. to 10:00 p.m. Public hearina (continued) - Preliminary Dlat for Annie Subdivision. Phase 111- Roaer and Rosalind Smith . - subdivide 16.35 acres described as Lot 1 . Annie Subdivision. Phase II. into 33 sinale-family lots and 12 multi-family lots. with variance from Section 16.1 4.040.A. to allow the sidewalks alona Roaer's Way and Rose Avenue cul-de-sac to be installed as each lot becomes develoDed (northeast corner of intersection of Durston Road and North 25th Avenue) (P-0032) Responding to Mayor Youngman. Assistant Planner Caroline indicated that the Commission could add a condition requiring curb bulbs for the safety of children. Commissioner Smiley noted that many of the elementary schools are located on busy streets. She voiced her interest in maintaining a mixture of housing types in the subdivision. noting that it is important to make the neighborhood inclusive of everyone. At Mayor Youngman's request. the Commissioners addressed the various issues one at a time, considering the multi-family lot issue first. Commissioner Frost stated that spreading duplexes throughout the subdivision would help create a better neighborhood, rather than having a block of four- or six-plexes; Commissioners Kirchhoff and Smiley concurred. Mayor Youngman noted that. if the Commission changes the number and location of multi- family lots, a redesign will be necessary. She also noted that. if the multi-family lots are to be scattered throughout the subdivision, possibly on corner lots. another possible condition would be to . require shared driveways on Annie Street, regardless of the housing size. She also proposed a condition to require sidewalks along North 25th Avenue; the Commissioners concurred. The Mayor suggested that a condition be added to require curb bulbs at the intersection of North 25th Avenue 10-02-2000 .--------.-.-..- - -..---- - ..---- - 16 - and Annie Street. As the result of discussion, it was determined the most appropriate location of the . curb bulbs would be on North 25th Avenue, at the northwest and the northeast corners of the inte rsection. Planning Director Epple noted the Planning Board recommended that Phase I include 33 single- family lots, Phase II include 5 multi-family lots, Phase III include 6 single-family lots and 4 duplex lots, and Phase IV include the balance of the homestead. He suggested that this same phasing schedule be retained with the Commission's proposed changes. Commissioner Kirchhoff questioned the benefit of the proposed cul-de-sac street. Following discussion, a majority of the Commissioners voiced support for leaving the cul-de-sac street as proposed. Mayor Youngman asked about the requested variance for the sidewalk along Roger's Way. Responding to Commissioner Frost, the City Manager noted that, in other subdivisions, a financial guarantee has been required for those sidewalks not installed within three years; the Commissioners concurred in adding that condition to this application. Mr. Don White stated he feels the curb bulbs are a good idea. He also indicated that scattering duplexes or four-plexes throughout the subdivision would be appropriate, but will require redesign and possibly revisions in phasing. He also voiced a willingness to install sidewalks along North 25th Avenue. City Manager Johnson noted that enough significant changes have been made that the . preliminary plat may need to be once again reviewed; following discussion, it was determined the preliminary plat redesign should be brought back to the Commission for re-review, as an agenda item. Responding to Mr. Dennis Foreman, consulting engineer, the Commission concurred that up to 20 units can be included in multi-family configurations and, while the number of single-family lots may be increased, the total number of dwelling units may not exceed 81 total units, which is the total number included in the advertisement. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Brown, seconded by Commissioner Frost, that the request for partial waiver of the Community Impact Statement and Environmental Impact Statement be approved; the variance from Section 16.14.040.A. of the Bozeman Municipal Code, to allow the sidewalks along Roger's Way and Rose Avenue cul-de-sac to be installed as each lot becomes developed be approved; and the preliminary plat for Annie Subdivision, Phase III, as requested by Roger and Rosalind Smith under Application No. P-0032, to subdivide 16.35 acres described as Lot 1, Annie Subdivision, Phase II, into 33 single-family lots and 12 multi-family lots, be approved, subject to the following conditions: 1. The final plat shall provide a joint access easement between Lots 25 and 26, and either Lots 27 and 28 or Lots 28 and 29. The access easement shall be situated on the common lot line of the lots, shall be a minimum of 24-feet wide, and shall be designed to provide ample space for shared access to the affected . lots. 10-02-2000 --- - -..--..-..- --....-- - 17 - 2. A no access strip will be required on the Durston frontage of Lot No. 2 and . must be shown on the final plat. 3. The final plat shall have a note containing the restriction that the 33 single- family lots be designated to remain as single family for future development. 4. The existing ditch crossing multi-family Lot No.2 must be shown on the final plat and noted that it has been abandoned. 5. The common open space access strips shall be increased to a width of 1 5 feet and be overlaid with a public access easement. This area shall contain a City standard sidewalk installed. Provisions within the covenants shall provide for the care and maintenance of this area which will ensure usability for the homeowners and general public. 6. Applicant shall install adequate street lighting throughout the subdivision by one of the following: lighting shall be maintained by means of the homeowners' association; or applicant shall participate in a Street lighting District which will provide the necessary lighting in accordance with national safety standards. All lighting provided shall conform to Section 18.50.035 of the Bozeman zoning ordinance. Details and specifications, including bulb type and size, and locations shall be provided with the final plat and subject to review and approval by the Planning and Engineering Departments. 7. A declaration of covenants for Annie Subdivision, Phase III, must be included . and recorded with the final plat which specifically includes the provisions from Section 16.34.030, as well as provisions for owners' association maintenance of all applicable homeowners' association open space, pedestrian facilities, and storm water facilities. 8. The final plat shall conform to all requirements of the Bozeman Area Subdivision Regulations and the Uniform Standards for Final Subdivision Plats and shall be accompanied by all required documents, including certification from the City Engineer that as-built drawings for public improvements were received, a platting certificate, and all required and corrected certificates. The final plat application shall include two (2) signed cloth back (or equivalent) copies; two (2) signed reproducible copies on a stable base polyester film (or equivalent); two (2) digital copies on a double-sided, high density 3 % -inch floppy disk; and five (5) paper prints. 9. Conditional approval of the preliminary plat shall be in force for not more than three calendar years, as provided by State statute. Prior to that expiration date, the developer may submit a letter of request for the extension of the period to the Planning Director for the City Commission's consideration. 10. If it is the developer's intent to file the plat prior to the completion of all required improvements, an Improvements Agreement shall be entered into with . the City of Bozeman guaranteeing the completion of all improvements in accordance with the preliminary plat submittal information and conditions of approval. If the final plat is filed prior to the installation of all improvements, 10-02-2000 ._... _______n.._..____.___ ...--.- -....-.----.-..- - . - 18 - the developer shall supply the City of Bozeman with an acceptable method of . security equal to 150% of the cost of the remaining improvements. 11. The plans and specifications for the project infrastructure, including all phasing, must be adequately dimensioned and clearly indicate the extent of all improvements proposed. All infrastructure improvements required of the development, including water and sewer main extensions, public streets, sidewalks, and related storm drainage infrastructure improvements shall be constructed or financially guaranteed prior to final plat approval. No building permits will be issued prior to completion and City of Bozeman acceptance of said infrastructure improvements. 12. Residential Lot No. 1 of Phase III (to be corrected to Phase IV) must have sanitary and domestic water provided prior to filing the final plat for that phase. In addition, the septic system must be abandoned. Any existing water wells may remain for irrigation purposes only. 13. Water/Sewer Department will review engineered plans and specifications when they are provided. 14. Plans, specifications and a comprehensive utilities design report for water and sanitary sewer services, prepared and signed by a Professional Engineer (PE) registered in the State of Montana shall be provided to and approved by the City of Bozeman Water/Sewer Department and the City Engineer. Water and sewer plans shall also be approved by the Montana Department of Environmental . Quality. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a preconstruction conference has been conducted. No building permits shall be issued prior to substantial completion and City acceptance of all required public infrastructure improvements. 15. A Storm water Master Plan for the subdivision for a system designed to remove solids, silt, oils, grease and other pollutants from the runoff from the private and public streets and all lots must be provided to and approved by the City Engineer. The master plan must depict the maximum sized retention basin location, show location of and provide easements for adequate drainage ways within the subdivision to transport runoff to the stormwater receiving channel. The plan shall include sufficient site grading and elevation information (particularly for the basin site, drainage ways and finished lot grades), typical stormwater detention/retention basin and discharge structure details, basin sizing calculations and a storm water maintenance plan. . Any stormwater ponds located within a park or open space shall be designed and constructed to be conducive to the normal use and maintenance of the open space. 1 O~O2-2000 - 19 ~ Stormwater ponds for runoff generated by the subdivision (e.g.. general lot . runoff, public or private streets, common open space, parks, etc.) shall not be located on easements within privately owned lots. While the runoff from the individual lots will be dependent on the intensity of use on each lot, the maximum sizing of the storm retention facilities for each lot will be established based on maximum site development. Final facility sizing may be reviewed and reduced during design review of the final site plan for each lot. The storm water plan as shown is not acceptable, as only a small portion of the runoff generated by the subdivision is being detained. The plan must be revised to collect and detain the runoff that is being discharged onto North 25th Avenue. 16. Plans and specifications and a detailed design report for water and sewer main extensions, storm sewer and the public street (including curb, gutter, asphalt, and sidewalk). prepared by a Professional Engineer, shall be provided to and approved by the City Engineer and the Montana Department of Environmental Quality. The applicant shall also provide professional engineering services for construction inspection, postvconstruction certification, and preparation of mylar record drawings. Construction shall not be initiated on the public infrastructure improvements until the plans and specifications have been approved and a pre- construction conference has been conducted. . No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements. 17. All infrastructure improvements including 1) water and sewer main extensions and all service stubs, and 2) public streets, curb/gutter, sidewalks fronting parks, open space, rear yard frontages or other non-lot frontages, and related storm drainage infrastructure improvements shall be financially guaranteed or constructed prior to final plat approval. City standard residential sidewalks shall be constructed on all public street frontages of a property at the time the street is constructed unless a variance is requested and granted by the City Commission. No building permits shall be issued prior to substantial completion and City acceptance of the required infrastructure improvements. 18. The location of existing water and sewer mains shall be properly depicted. Proposed main extensions shall be noted as proposed. 19. The Montana Fish, Wildlife and Parks, SCS, Montana Department of Environmental Quality 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 plat approval. 1 0-02~2000 .-------- - 20 - 20. Ditch relocation: The applicant shall obtain written permission from the ditch . owner for the relocation or proposed abandonment. 21. Easements for the water and sewer main extensions shall be a minimum of 30 feet in width, with the utility located in the center of the easement. In no case shall the utility be less than 1 0 feet from the edge of easement. 22. Project phasing shall be clearly defined including installation of infrastructure. 23. Applicant shall provide and file with the County Clerk and Recorder's office an executed Waiver of Right to Protest Creation of SID for: a. Street improvements including paving, curb/gutter, sidewalk and storm drainage facilities for Durston Road. 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. 24. Prior to final plat approval, the landowner shall sign and file with the County Clerk and Recorder's Office a Waiver of Right to Protest the Creation of a City- wide Park Maintenance District which will provide a mechanism for the fair and . equitable assessment of maintenance costs for city parks. 25. The subject property is located within the SID No. 621 payback district for sewer services. It is also within the HRDC payback district that was created in 1995 when HRDC extended the 1 O~inch water main. Applicant shall provide the appropriate payments in accordance with standard procedures established by the City Engineering and Finance Departments, for each payback area prior to filing the final plat for each phase. 26. A signed copy of a Weed Control Plan, approved by the County Weed Control Officer, for the subdivision, including all areas of common open space, shall be submitted to the Planning Office prior to final plat approval. 27. Applicant shall provide adequate sign age for the Emily Dickinson school zone area, with signs such as "School Crossing" or "15 MPH". All signs and locations shall be reviewed and approved by the City of Bozeman Streets Division and the Engineering Division. 28. Applicant shall provide a 20-foot public access easement along the eastern boundary of the property within the open space. This easement shall be shown on the final plat. Covenants for Annie Subdivision, Phase III, shall provide for the care and maintenance of the homeowners' association open space, . including the 20-foot public access easement area. 1 O~O2~2000 _u_.__ ...___.____ _"._._ n _ .__..___.._.... ___.. ... ..- ---.--- - 21 - 29. Water rights, or cash-in-lieu thereof, shall be provided and paid for prior to final . plat approval. If the final plat of the subdivision is filed in phases, water rights will only be required for each phase as the final plat for that phase is filed. The amount of water rights required will be determined by the Director of Public Service based on the proposed final plat(s). 30. Applicant shall extend the 20-foot public access easement south through proposed Phase IV to Durston Road. An easement agreement must be provided and filed with the County Clerk and Recorder's Office with the initial filing of the final plat for Phase I.' A copy of the agreement shall be provided to the Planning Office with final plat submittals. 31. Multi-family Lot Nos. 2, 3, and 4 shall be redesigned to allow Daffodil Street to be extended to the property line of Phase IV. Lots created shall allow for single family or duplex development only and front onto said street. No lots may access onto Durston Road or North 25th Avenue. Provisions shall be made for the future extension of Daffodil Street to the east to end in a cui-sac or continue north to link with Roger's Way upon approval by the Director of Public Service, City Engineering, and Water/Sewer Superintendent. 32. Lot Nos. 13 through 16 of Phase III will be redesigned to allow for 6 single family lots to better reflect the surrounding single family neighborhood. 33. A Special Improvement District (SID) for Durston Road improvements from 19th Avenue west to at least 27th Avenue shall have been created and bonds sold . prior to the filing of the final plat for Phase II with the applicant petitioning the City for said SID. 34. Construction of City~standard residential sidewalks fronting private lots on Roger's Way and Rose Avenue need not be completed prior to issuance of building permits for the adjoining lots. However, construction of said sidewalks must be completed prior to occupancy of any structure on the subject lots. Upon the third anniversary of the plat recordation of any phase of the subdivision, any lot owner who has not constructed said sidewalk shall, without further notice, construct within 30 days said sidewalk for their lot(s), regardless of whether other improvements have been made upon the lot. This condition shall be included on the plat and in the covenants for the subdivision. 35. City~standard sidewalks shall be installed along the east side of the entire length of North 25th Avenue between Durston Road and Annie Street prior to filing the final plat for Phase I. 36. Single-family, duplex or multi-family lots fronting on Annie Street shall utilize shared driveways to the maximum extent possible. Joint access easements shall be depicted on the final plat and be subject to review and approval by the Director of Public Service. . 37. Two curb bulbs shall be installed on North 25th Avenue, at the northwest and northeast corners of its intersection with Annie Street, with the desi'gn and 10-02-2000 ---------- - 22 - installation subject to review and approval by the Director of Public Service and . the Engineering Division. 38. Prior to filing the final plat, the applicant shall bring back, for review and approval by the City Commission, a preliminary redesign of the project involving the scattering of the 20 proposed multi-family units throughout the subdivision. The scattered units may be in the form of duplex, tri-plex or four-plex structures. In no event may the total number of units in the redesign exceed the total number of units in the original application. 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 - variances from Sections 18.50.1 OO.F. 2 and 1 8.50.11 O.K.. Bozeman MuniciDal Code, to allow drive access to be Dlaced closer than 5 feet from reauired side yard setback and allow Darkina SDaces within the side yard setback on lot 1A-1 , Amended Dlat of Lot 1A, Block 2, Tanae's Addition- Best Western GranTree Inn, 1325 North 7th Avenue (C-00021 This was the time and place set for the public hearing on the variances requested by the Best Western GranTree Inn, under Application No. C-0002, from Sections 18.50.1 00.F.2 and 18.50.11 O.K. of the Bozeman Municipal Code, to allow the drive access to be placed closer than 5 feet from required side yard setback and to allow parking spaces within the side yard setback on Lot 1 A-1 , Amended plat of Lot 1 A. Block 2, Tange's Addition. The subject property is more commonly located . at 1325 North 7th Avenue. Mayor Youngman opened the public hearing. Associate Planner/Urban Designer John Sherman presented the staff report. He stated these requested variances are in conjunction with the modifications that are the subject of the next agenda item. He reviewed the variances requested. which include allowing a drive access to be located closer than 5 feet from the side property line and allowing parking spaces within the required side yard setback. He noted that staff has reviewed these variances in light of the three criteria established by the Montana Supreme Court, and the staff's comprehensive findings are contained in the written staff report. He forwarded the staff's conclusion that the requested variances do not reflect hardship based on the land; rather. they are self-inflicted hardships resulting primarily from the size of the proposed convention center addition. Mr. Carl Solvie, managing partner of the GranTree Inn, gave a brief overview of the project, which includes a convention center that will be given the same look as the existing motel. He stated that parking and entrance to the new facility will be from the back of the lot. He noted that adding convention facilities and meeting space to an existing facility makes the most sense, since they already have the land, restaurant, sleeping rooms and liquor license. The proposed 7,600-square-foot center will provide the largest meeting space outside the Montana State University campus, in an area that is dominated by motels. The center will include 4,600 square feet of meeting space and a 2,400- square-foot lobby. Mr. Solvie stated that. based on the desirable configuration of space in a . convention center. decreasing the width of the convention center by 2 Vi feet to eliminate the variance will result in the loss of 250 square feet of meeting space. which is the capacity to accommodate 21 people; and the resulting configuration will be long and narrow. He indicated that 10-02-2000 ..._ u._ - 23 - the other variance is to allow three parking spaces to encroach into the side yard setback-three more . than required under the code. He noted that, if the Commission wishes, he is willing to remove those parking spaces and replace them with landscaping. Mr. Solvie stated that the drive access to the parking area is of primary concern. The current 15-foot-wide driveway is set back 5 feet from the property line; however, it needs to be shifted 1 Y2 feet closer to the property line because of the new addition, if the 15-foot-wide drive is allowed, or 2 Y2 feet closer if a 16.foot-wide drive is required. He indicated that several informal meetings were held to identify potential problems prior to submittal of the application. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. Commissioner Frost stated this application does not meet the criteria for hardship and he cannot support the requested variances; Mayor Youngman stated her concurrence. Responding to Commissioner Smiley, Associate Planner Sherman stated the overriding factor is the size of the convention space plus the sidewalk along the side of the building. He suggested that 1 % feet could be reduced from the width of the proposed convention center without significantly damaging the interior dimensions. Responding to City Manager Johnson, the Associate Planner stated that the drive aisle provides access to the parking at the rear of the building; and the zone code requires that it be 16 feet wide. Commissioner Kirchhoff voiced his concurrence with the staff report, stating the application does not meet the criteria for approving variances. . It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the variances requested by the Best Western GranTree Inn, under Application No. C-0002, from Sections 18.50.100.F.2 and 18.50.11 O.K. of the Bozeman Municipal Code, to allow the drive access to be placed closer than 5 feet from required side yard setback and to allow parking spaces within the side yard setback on Lot 1A-1, Amended plat of Lot 1A, Block 2, Tange's Addition, be approved. 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 - Maior Site Plan and Certificate of ADDroDriateness . allow construction of 18 additional auest rooms and 7 .GOO-sauare-foot conference room SDace on Lot 1 A.1. Amended Dlat of Lot 1 A. Block 2. Tanae's Addition. Best Western GranTree Inn. 1 325 North 7th Avenue (Z-01 14) This was the time and place set for the public hearing on the Major Site Plan and Certificate of Appropriateness requested by the Best Western GranTree Inn under Application No. Z-0114, to allow the construction of eighteen additional guest rooms and 7,600 square feet of conference room space on Lot 1 A.1, Amended plat of Lot 1 A, Block 2, Tange's Addition. The subject property is more commonly located at 1325 North 7th Avenue. Mayor Youngman opened the public hearing. . Associate Planner/Urban Designer John Sherman presented the staff report. He stated that under this application. 18 additional sleeping rooms are to be constructed along with the convention 10-02-2000 ---- --- ..-------..- .-..---..--- . - 24- center discussed in the previous agenda item. He indicated that staff has reviewed this application . in light of the criteria set forth in the zone code, and staff's comprehensive findings are contained in the written staff report. During review, one of the major issues that arose revolved around the existing signage on the site, which has been allowed to remain under a variance granted by the Board of Adjustment on June 17, 1999. He stated that, in light of the applicant's position that this variance runs with the land rather than in conjunction with the certificate of appropriateness which was also considered at that time, staff has submitted a memo dated September 28, forwarding a recommendation for denial of the application. Mr. Carl Solvie, applicant, noted that his comments in the previous agenda item pertain to this item as well. He stated the GranTree is a locally owned business that employs over 100 people. He noted that, in the many informal discussions and meetings he has had about this project, the sign issue has been looming; however, he did not anticipate it would become part of this discussion. He asked if there is any potential of compromising on the issue, noting that in 1995, he voluntarily gave up 244 square feet of signage as a good faith step toward complying with the new sign code. He confirmed his position that the variance granted by the Board of Adjustment goes with the land, rather than being tied to a specific improvement project. Mr. Mike Gaffke, owner of the Bozeman Inn, 1235 North 7th Avenue, encouraged the Commission to work with Mr. Solvie to resolve the issues so he can continue on a project that is beneficial to both his property and the community. Commissioner Frost stated that, based on the June 17, 1999 document, it appears the existing sign is 53 feet high and contains 360 square feet. . Associate Planner Sherman stated that under the overlay zone, signage set back a minimum of 70 feet from the property line may be a maximum of 32 feet high and 120 square feet in size. Responding to Mayor Youngman, Mr. Solvie stated the Best Western sign is 143 square feet. Mayor Youngman recalled the discussions when the sign variance was approved by the Board of Adjustment, noting that at that time, it was specifically tied to the improvement project being undertaken. Mr. Cliff Chisholm, architect for the applicant, recognized that they should have possibly requested a deviation rather than a variance for the drive aisle because the result would have been a six-inch adjustment in the building; and that could have easily been accomplished. He asked that the Commission work with the applicant as much as possible to make this a viable project. Planning Director Epple noted that deviations are viewed in light of a project's contribution to the entryway corridor, and suggested that the Commission could review both the variances in the above agenda item and the signage under such an application. He stated that, if the applicant is willing to acknowledge that the previously-approved sign variance is applicable to the previous project only, the Commission could move forward quickly with conditional approval, leaving the door open to consider deviations through a renewed application process. Responding to City Manager Johnson, the Planning Director stated that, if the applicant asserts the variance is applicable to the land, the City Attorney has advised staff to recommended denial . because a court challenge could result in throwing out any condition that pertains to the sign; and the project would then be allowed to move forward with the sign as is. 10-02-2000 - 25 - Responding to Commissioner Smiley, Staff Attorney Cooper stated that, if the applicant . maintains his position that the scope of the sign variance extends to the current application and if the Commission is opposed to maintenance of the non-conforming sign, rather than condition approval of the conditional use permit on removal of the non-conforming sign, it would be cleaner to deny the project. Then, if the applicant were to concede the sign variance was limited in its scope to his prior site improvements, the Commission could vote to reconsider the application before it today. In response to comments from Mr. Solvie, the Staff Attorney stated that, if there is no dispute that the variance has no application, the Commission could approve this major site plan with the condition that the signage be brought into compliance or that a deviation or dimensional variance be sought. Responding to questions from Staff Attorney Cooper, Mr. Solvie conceded the variance issue, recognizing its limited scope in conjunction with the previous application for improvements, and stated he would like approval of this application. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the Major Site Plan and Certificate of Appropriateness requested by the Best Western GranTree Inn under Application No. Z-0114, to allow the construction of eighteen additional guest rooms and 7,600 square feet of conference room space on Lot 1 A-1, Amended plat of Lot 1 A, Block 2, Tange's Addition, be approved subject to the following conditions: 1. That the previous planning conditions of approval for the development of the . site, including the Conoco station, be complied with prior to final site plan approval. This applies to landscaping of parking lot islands, and screening of mechanical equipment located on the roof of the Conoco building. Other issues regarding site drainage and water and sewer are addressed as conditions of the corresponding departments. 2. The applicant shall provide to the Planning Office documentation of the review and approval of this project by the Montana Department of Transportation, and that any conditions/improvements imposed by MOOT be completed prior to issuance of a building permit. 3. That the applicant comply with Section 18.50.035, Miscellaneous Requirements, including Sections 18.50.035.A., Glare and Lighting, that lighting shall be directed as to deflect light down and or away from adjoining properties, shall not detract from driver visibility on adjacent streets. Luminaires and lenses shall not protrude below the edge of the light fixture. 0.8., Trash Enclosures, delineate on plan the location and design of a permanent enclosure for temporary storage of garbage, refuse and other waste materials. R., Bicycle Racks, delineate on plan the location and design of bicycle parking facilities to accommodate bicycle riding residents and/or employees. 4. 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., 10-02-2000 n.__._._..____. _.....__ - -.--- ....-.. ..-- ---. - 26 - Protection of perimeter parking lot treatment shall be installed to protect . landscaping areas adjacent to parking lots and Landscaping areas within parking lots must be protected from vehicular traffic through the use of continuous concrete curbs, Section 18.49.060.1., Irrigation Standards, and 18.49.070, Landscape Performance Standards, and provide the required amount of landscape points in the B-2 district. 5. The applicant shall comply with the requirements of Section 18.50.100, Property drive and Access Standards, F.2.. Number and location of Drive Accesses, that drive accesses may not be closer than five feet to any side property line or obtain a variance, and Section 18.50.1 00.C.2.b.L, Drive Access Requirements, which states that all one way drive access aisle be 16 feet in width, and Section 18.50.110.K., which states that required parking spaces shall not be located in any required side yard, and remove said parking spaces or obtain a variance. 6. The applicant shall comply with Section 18.50.11 0.A.8., Parking Requirements Striping, that all parking stalls shall be marked with painted lines not less than four inches wide; 9., Lighting, that any lighting used to illuminate an off street parking area shall be so arranged as to reflect light down and away from adjoining property public rights of way, and that luminaires and lenses shall not protrude below the edge of the light fixture, and provide any new lighting fixture details on plan; 11.. Parking Lot Curbing, which states that all open off street parking areas and driveway shall have a six inch perimeter concrete curb around the entire parking area, including driving access ways; 14., Snow . Removal Areas, that snow removal storage areas shall be sufficient to store snow accumulation; and 17., Storm Water Drainage, which states that storm water drainage from parking areas shall be directed into landscaped detention! retention facilities required by the City Engineering Department. And delineate on the final site plan all of the above requirements. 7. The applicant shall comply with Section 18.50.110.8., Disabled Accessible Parking Spaces, which states that one in every eight accessible parking spaces shall have an aisle eight feet wide and shall be signed "Van Accessible"and B.3.d., accessible path and delineate on the final site plan compliance with said requirements. 8. The applicant shall enter into an Improvements Agreement with the City of Bozeman to guarantee the installation of the required Improvements. Said Improvements Agreement shall include a detailed cost estimate for the improvements. If occupancy of the structure is to occur prior to installation of the required improvements, the Improvements Agreement shall be secured by a method of security equal to one and one half times the amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for not less than twelve months, however all secured site improvements shall be completed by the applicant within nine months of occupancy to avoid default on the method of security. . 10-02-2000 - 27 - 9. The applicant shall submit to the Planning Department detailed drawings of any . proposed building and or parking lot lighting fixtures for review and approval. Fixtures must incorporate cut off shields to direct light downward. 10. The applicant shall submitto the Planning Department for review and approval a color scheme for the structure. 11. The final site plans shall comply with Section 18.49.060, Landscaping, requirements and comply with the requirement of 10 percent internal parking lot landscaping. If additional or new materials are required in reference to the removal of existing landscape materials, the applicant shall submit a revised landscape plan for review and approval. The plan shall be prepared by a person with the qualifications as outlined in Section 18.49.040.C.3. 12. The applicant shall submit to the Planning Department for review plans for the placement of mechanical equipment on ,the roof of the structure and the screening thereof. 13. That landscaping spaces take precedence over the required number of parking spaces. 14. The final site plan shall be adequately dimensioned. A legend of line types used shall be provided. 15. All existing utility and other easements must be shown on the final site plan. . 16. A Storm water Drainage/Treatment Grading Plan and Maintenance Plan for a system designed to remove solids, silts, oils, grease, and other pollutants from the stormwater runoff for the entire site (existing and proposed improvements) must be provided to and approved by the City Engineer. The plan must demonstrate that adequate site drainage will be provided by means of including sufficient spot elevations, existing and proposed contour lines, stormwater detention/retention basin details including basin sizing and discharge calculations discharge structure details, pond typical section and storm water discharge destination. A stormwater maintenance plan shall also be provided for review and approval. A storm water easement must be established on the adjacent property and filed with the Gallatin County Clerk and Recorder's Office for the retention pond discharge course if located off the subject property. A storm water easement must also be established on the adjoining property and filed with the Gallatin County Clerk and Recorder's Office for the existing PVC drain pipe located south of the retention pond, or this pipe must be plugged and abandoned and the storm water re-routed to an appropriate on-site facility. 17. Plans and Specifications for any fire service line must be prepared in accordance . with the City's Fire Line Policy and signed by a Professional Engineer (PE) registered in the State of Montana, and shall be provided to and approved by the City Engineer prior to initiation of construction of the fire service or fire 10-02-2000 --.----. -. - -..--- --------.-..--------------. - 28 - protection system. The applicant shall also provide professional engineering . services for construction inspection, post construction certification and preparation of mylar record drawings. 18. Sewer and water services shall be shown on the final site plan and approved by the Water/Sewer Superintendent. City of Bozeman applications for service shall be completed by the applicant. 19. Per Section 18.50.110 of the zoning ordinance, the drive access off Baxter Lane must be reduced in width to 35 feet. The final site plan must clearly depict on-site traffic flow patterns, particularly at the drive access onto Baxter Lane, and driving lanes must be clearly designed with paint or other approved striping materials. The applicant is advised that, given the reduction in width of the access onto Baxter Lane and the resulting narrowing of the adjacent drive aisle width(s), and depending on the delineation of on-site traffic flow and the current conflicting traffic patterns and driving lane conflicts which exist near it, direct access from the north parking aisle to Baxter Lane may be precluded. 20. Typical curb details (Le. raised and or drop curbs) and typical asphalt paving section details shall be provided and approved by the City Engineer. Concrete curbing shall be provided around the entire new parking lot perimeter and adequately identified on the final site plan. 21. A public access easement for the portion of the sidewalk located on the subject property shall be provided prior to occupancy. . 22. Drive approach and public street intersections sight triangles shall be free of plants which at mature growth will obscure vision within the sight triangle. 23. The Montana Fish Parks and Wildlife, S.C.S., Montana Department of Health and Environmental Sciences, and Army Corps of Engineers shall be contacted regarding the proposed project and any required permits (i.e. 310,404, Turbidity exemption, etc.) obtained prior to final site plan approval. 24. Adequate snow storage area must be designated outside the sight triangles but on the subject property (unless a snow storage easement is obtained for a location off the property and filed with the County Clerk and Recorder). 25. If construction activities related to the project result in the disturbance of more than 5 acres of natural ground cover, an erosion/sediment control plan may be required. The Montana Department of Health and Environmental Sciences, Water Quality Bureau shall be contacted by the applicant, to determine if a Storm Water Discharge Permit is necessary. If required by the Water Quality Bureau, an erosion/sediment control plan shall be prepared for the disturbed areas of 5 acres or less if the point of discharge is less than 100 feet from State Waters. . 26. The size of all existing sanitary sewer and water mains and all appurtenances, including manholes, value boxes, and fire hydrants must be shown on the site, landscape and paving plans. 10-02-2000 - 29 - 27. The location of both domestic and fire service lines inside the building with . approved backlog protection and meter must be shown on the plans and approved by the Water/Sewer Department. 28. The proposed fire line must be installed, inspected, and tested according to City of Bozeman modifications to the Montana Public Works Standard. This must be preceded by plan and profile submittal provided by a professional engineer to the City of Bozeman and scheduled pre-construction meeting. 29. A 4-inch Tee was installed when the 8-inch main for Tange's Addition was constructed. The Tee can be used for the fire service line. 30. The domestic water service must be relocated by the owner with detailed plans submitted to and approved by the Water/Sewer Department. The City will inspect the relocation and construction of this service line to ensure the integrity of the water system is not compromised. 31. The owner must file a new water service application prior to relocation of the domestic service. 32. The grease condition in the sanitary sewer collection system has not been remedied and must be to the Water/Sewer Department's satisfaction prior to final site plan. 33. That a Letter of Agreement regarding fire protection of the new as well as the . existing structure be received and approved by the Fire Department prior to final site plan. 34. That all signage be brought into compliance with the Bozeman sign code, pursuant to Section 18.65.190.D., or that a new dimensional variance or deviation be sought. 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. ADDointments to (A) Beautification Advisory Board. (B) City Plannina Board. (C) Community Affordable Housina Adyisory Board. (0) Parkina Commission. (E) Pedestrian/Traffic Safety Committee. (F) Senior Citizens' Advisory Board. and (G) Tax Increment Financina Industrial District (TIFID) Board Included in the Commissioners' packets was a memo from Deputy Clerk of the Commission Karen DeLathower, dated September 28, 2000, forwarding a list of the applicants for the various boards and commissions. Due to the late hour of the meeting, the Commissioners requested that this item be placed on the agenda for the next regular Commission meeting. . 10-02-2000 - 30- Discussion . FYI Items . City Manager Johnson presented to the Commission the following "For Your Information" items. ( 1 ) Letter from Lois Hathaway, 4925 Itana Circle, dated September 26, asking that the Commission address the issue of parking at the Swim Center. (2) Copy of a letter from the Northeast Neighborhood Association to Planning Director Epple, dated September 26, thanking the Planning staff for their prompt response to the Empire Building Supply storage lot expansion, (3) Copy of a letter from Dr. Nelson, Plains, Montana, encouraging support for a change to the State statutes requiring trains to sound their horns at all grade crossings. (4) Minutes for the 9-1-1 Administrative Board meeting held on August 23, 2000. (5) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, October 3, at the Courthouse. (6) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, October 3, at the Professional Building. (7) Agendas for the City Planning Board meeting to be held at 7:00 p.m. and the Zoning Commission meeting to be held at 8:00 p.m. on Tuesday, October 3, in the Commission Room. . (8) City Manager Johnson submitted the following. (1) Announced that he will be out of the office on Wednesday. (2) Stated he is working with Stacy at the County Commissioners' Office to find a facility for the October 30 meeting, since their Community Room is under construction. (9) Commissioner Brown stated that announcement of the sale of Montana Power Company to a firm from South Dakota was made on the 6:00 p.m. news. Adjournment - 11 :35 D.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: MARCI~G~~ . ~~~ RO IN L. SULLIVAN Clerk of the Commission 10-02-2000 ..---..---