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HomeMy WebLinkAbout2000-10-16 Minutes, City Commission . .----- - .-. ..-------.---- MINUTES OF THE MEETING OF THE CITY COMMISSION . BOZEMAN, MONTANA October 16, 2000 ***************************** The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, October 16, 2000, at 3:00 p.m. Present were Mayor Youngman, Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, City Manager Johnson, City Attorney Luwe and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - January 18. January 24, January 31. February 7, February 14. June 19, July 17, October 2 and October 9, 2000 It was moved by Commissioner Brown, seconded by Commissioner Frost, that the minutes of the meeting of October 9, 2000, be approved as submitted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner . Smiley, Commissioner Kirchhoff and Mayor Youngman; those voting No, none. Mayor Youngman deferred action on the minutes of the meetings of January 18, January 24, January 31, February 7, February 14, June 19, July 17 and October 2, 2000, to a later date. Reauest for issuance of emergency floodDlain Dermit to construct bridae on trail at Sundance Sorinas City Manager Johnson stated this item was added to the agenda in light of issues which have recently arisen. Mr. Bob Lee, planner with Morrison-Maierle, stated he has served as a volunteer helping Rotary Club build trails in the community over the past several years. He noted it appears a floodplain permit is needed to build one of the pedestrian bridges across Nash Spring Creek, in the newly~acquired parkland in Sundance Springs. In light of recent conversations with members of the City's Engineering Department, it has become evident that staff cannot support a variance because of the lack of an approved floodplain elevation and planned floodplain/floodway for the realigned creek. As a result, he indicated that going through the standard floodplain permit process will be more appropriate. Mr. Russ Tuckerman noted that the construction time for bridges will soon be coming to a close for the season, and voiced his appreciation for expedient processing of this application. . City Engineer Craig Brawner noted that he is the Floodplain Coordinator for the City, and briefly highlighted the process for issuance of a floodplain permit and the provisions for granting variances. He indicated that the normal floodplain permit process will take approximately three weeks to 1 O~ 16-2000 .___._n_..".__._. .._ - 2 - complete, while the variance process will add another sixty to ninety days. He noted that, as a result . of talking to one of the gentlemen at the Department of Natural Resources and Conservation, he would be willing to approve the application, contingent upon the permit complying with the final Letter of Map Revision (LOMR). He suggested that, under this approval with contingency, the applicant may either construct the bridge this fall, accepting the risk that if it does not meet the LOMR, it will need to be brought into compliance, or wait until spring, after action has been taken on the LOMR. Mr. Lee thanked everyone for their efforts to resolve this issue in a timely manner, and asked that the Commission direct the City staff to expedite the application. Responding to Mayor Youngman, City Engineer Brawner indicated that the amount of time it will take to process the application is contingent upon receiving good information. He stated that staff review of the information does not take a significant amount of time; rather, the two-week publication period is the time consuming portion of the process. The Commissioners encouraged the City staff to expedite the processing of this application. Ordinance No. 1523 - vacatina and abandonina those Dortions of West Cleveland Street and West Harrison Street Ivina between South 8th Avenue and South 10th Avenue, on the MSU camDUS Included in the Commissioners' packets was a copy of Ordinance No. 1523, as approved by the City Attorney, entitled: . ORDINANCE NO. 1523 AN ORDINANCE Of THE CITY COMMISSION Of THE CITY Of BOZEMAN, MONTANA, VACATING AND ABANDONING THOSE PORTIONS Of WEST CLEVELAND STREET AND WEST HARRISON STREET LYING BETWEEN THE WEST RIGHT-Of-WAY LINE Of SOUTH 8TH AVENUE AND THE EAST RIGHT.Of-WAY LINE Of SOUTH 10TH AVENUE, LOCATED ON THE MONTANA STATE UNIVERSITY CAMPUS IN THE CITY Of BOZEMAN, MONTANA. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that Ordinance No. 1523, vacating and abandoning those portions of West Cleveland Street and West Harrison Street lying between South 8th Avenue and South 10th Avenue, on the MSU campus, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown and Mayor Youngman; those voting No, none. Ordinance No. 1528 - revisinQ adoDtions of model technical codes, includina the Uniform Buildina Code and Uniform Buildina Code Standards, Uniform Mechanical Code, and deleting Part II of the Uniform Federal Accessibilitv Standards Included in the Commissioners' packets was a copy of Ordinance No. 1528, as approved by the City Attorney, entitled: . 10.16-2000 --.------. ---------- - 3 - ORDINANCE NO. 1528 . AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTIONS 15.01.010, 15.04.010 AND 15.16.010. AND DELETING SECTION 15.06.020: FURTHER PROVIDING FOR THE ONGOING ADOPTION OF VARIOUS MODEL BUILDINGS. HOUSING AND TECHNICAL CODES AND THE ACCOMPANYING STATE ADMINISTRATIVE REGULATIONS, AND PROVIDING A PENALTY FOR VIOLATIONS. City Manager Johnson stated the revisions in this ordinance bring the City's code into compliance with the State statutes. It was moved by Commissioner Smiley. seconded by Commissioner Kirchhoff. that Ordinance No. 1528. revising specified sections of the Bozeman Municipal Code pertaining to the ongoing adoption of various model technical codes and the accompanying State administrative regulations, be provisionally adopted and that it be brought back in two weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley. Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost and Mayor Youngman; those voting No, none. ConceDt Dlan review - Headlands Dreliminary Dlat and Dlanned unit develoDment - to allow 28 sinale- family residential lots on 27.34 acres located alona south side of Bridaer Drive. east of Story Mill Road - ADoaee Architects . Planning Director Andy Epple presented the staff report on behalf of Senior Planner Dave Skelton. He identified the location of the subject 27.34-acre parcel. which is between Bridger Drive and Hillside Lane, east of Story Mill Road. He noted it is currently a vacant field which has been hayed for many years. He indicated that, because it is located adjacent to his home. he has attempted to keep an arm's length away from the project to avoid any appearance of impropriety. The Planning Director highlighted Senior Planner Skelton's memo dated October 4. a copy of which was included in the Commissioners' packets. He stated the prospective developers are proposing a low-density residential development under a zoning and a subdivision planned unit development in an "RS" zoning district. The subdivision is to include alternative street standards. providing for more rural private streets even though the property is to be annexed. The applicant has proposed that the development not be connected to City sewer; rather, he proposes on-site systems. The Planning Director stated that the Development Review Committee has reviewed this concept plan and has indicated it is not supportive of the proposal to not connect to City sewer; rather. the DRC has suggested the possibility of having other parties participate in the extension of those services. Responding to Commissioner Frost, City Engineer Brawner stated one sewer main ends in Bridger Drive near Birdie Drive while another one ends near the intersection of Boylan Road and Story Mill Road. He suggested that it would be best to connect to the line in Boylan Road. since that was designed as a collector line. Mr. Van Bryan. Apogee Architects. stated that. in light of existing development in the . immediate area and the fact that the Bridger Canyon Zoning District ends only a couple hundred yards from the subject property, they tried to design a development that would not promote increased density. He stated that. once the density issue was identified. they tried to find ways to make the 10-16-2000 --.---...-. --- ..-----.--.- -. - - -- - 4 - development economically feasible; and developing without the costs of extending the sewer seemed . to make it viable. He indicated that the requested alternative street standard is designed to assist in the transition from City-standard streets to Bridger Canyon development. He stressed, however, that . the streets will be wider in key areas, to ensure that emergency vehicles can access the property. Responding to Commissioner Kirchhoff, Mr. Bryan stated it made sense to decrease the number of accesses onto Bridger Drive; and the result is two inlets and outlets, with a frontage road and a landscaped buffer strip between that collector and Bridger Drive. The proposed clustering of units along six cul-de-sac or looped streets is designed to provide for more open space, landscaping and berming as well as a linear trail which can possibly be extended to the "M" in the future. He stated that clustering of the houses along the interior streets will provide for random faceting of the houses, rather than having them regimented, like the houses along the north side of the road. Further responding to Commissioner Kirchhoff, Mr. Bryan stated that accessory dwellings will be promoted under the covenants for the development, in a manner which ensures protection of the neighborhood. He suggested that providing small auxiliary units without increasing the height or size of the buildings will help to increase the density within the development while maintaining the integrity of the area. He also indicated that with the different orientations of the houses, a minimum number of garages will be oriented toward Bridger Drive. Responding to Mayor Youngman, Mr. Bryan stated they have not yet addressed the issue of landscaping versus open space. He noted that, while the design is to create open space, he wants to avoid a situation that results in an unmaintained area and weeds. . Mayor Youngman cited the Sundance Springs Subdivision as an example of providing a common open space that is mowed once or twice a year and that blends in with the natural landscape of the area. She then voiced her support for accessory dwellings, while maintaining the appearance of a single~family area. Commissioner Smiley stated her support for both the accessory dwelling units and maintaining some naturalized areas. Responding to City Manager Johnson, Mr. Bryan voiced concern about creating smaller lots and larger common open space areas that have no function and that are not maintained. He stated that Sundance Springs has a more agrarian feel than this subject area and, given the heavily landscaped yards that already exist in the general area, he is unsure that a more natural landscape would be appropriate. Responding to Mr. Joe Gunter, 1118 Bridger Drive, Planning Director Epple stated that the comprehensive plan shows that, as this area is developed, it will be annexed and connected to City services". He noted that, as a result, when Mr. Bryan approached the City with a proposal for development in the county, staff encouraged him to pursue annexation and development inside the city. He indicated that one Bridger Drive resident called with a question about whether the City might force annexation of the property along the north side of the road; and he assured that individual that such annexation is unlikely. Mrs. Cindy Mernin, 1311 Hillside Lane, asked about the possibility of extending City services . to the property without requiring annexation; particularly since annexing it will result in a patchwork of city and county boundaries in that area. 1 0-16~20() - 5 - Mayor Youngman responded that it is not in the best interests of the taxpayers of the . community to do so. As the result of discussion, a majority of the Commissioners indicated they do not support development of the site without connection to City sewer. They did indicate a willingness to consider narrower streets, as long as the City does not maintain them. The Commission thanked those in attendance for this concept review. Discussion re economic imDact study for WalMart. as DreDared by Bay Area Economics City Manager Johnson noted the City is entitled to an opportunity to edit the draft document that has been submitted, and indicated that the final document will not be prepared until the City's comments have been received. Commissioner Brown stated he has identified a few typographical errors that need to be addressed. Mayor Youngman asked if the executive summary covers the key points in the report; the Commissioners concurred that it does. Planning Director Epple stated that he has reviewed the numbers in the study and found that the estimated population and household size are not consistent with those used by the transportation . plan consultant or those used for planning in the county. He suggested that all studies and reports being undertaken at this time should use the same data and the same assumptions as the basis for the report. Responding to Mayor Youngman, Commissioner Frost suggested that the City could request a study based on two sets of numbers, rather than requiring that the report be revised to reflect just the numbers used in other studies. Commissioner Brown suggested that the growth rates are probably also understated. Commissioner Kirchhoff noted that the study reflects the results from surveys of ten technology firms; however, it does not identify how those firms were selected or whether the results reflect a representative sample. He also made comments on the use of a cinemaplex as an anchor for commercial development, voicing concern about such development on the outskirts of the community if the City is interested in retaining movie theatres as a key ingredient of the core business community. Mayor Youngman voiced her support for the possible mitigation list as well as the variety of alternatives for public policy that have been identified. Responding to Planning Director Epple, the Commissioners concurred that receiving the final draft of the economic impact study is essential before considering the application for expansion of WalMart. . The Planning Director stated that WalMart has indicated an interest in reactivating its conceptual site plan and elevations for the Commission's informal review, prior to submittal of a final plan for formal review. 10-16-2000 - ..- -------------.---- ---. n._ _.._____ --.....----...-- - 6 - Commissioner Kirchhoff stated that WalMart is the subject of the economic impact report . currently being prepared and, therefore, it cannot be used for other types of businesses because the impacts will be so different. He acknowledged that the report could be used as the basis for developing a policy for considering large scale development, but stressed the importance of recognizing not all of those impacts will be the same for different types of uses. During discussion regarding specific revisions to the report, Commissioner Kirchhoff asked that more specific information on the issue of sales and volumes being captured from other businesses be included, and the impacts that may have on vulnerable operations. He also voiced his interest in more specific wage information from WalMart. Planning Director Epple cautioned that differences in numbers will ripple through the tables and the report, and could possibly change some of the conclusions. Commissioner Smiley stated she wants to see the editing changes that Commissioner Brown is proposing prior to taking action on this item. Mayor Youngman requested that, in light of the remaining items on this afternoon's agenda, this discussion be continued to the evening session. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that action on this item be delayed until the evening session. 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. . Discussion ra Dossibla acauisition of CMC DroDerty alona south side of East Main Street for new library site Mr. Ron Farmer, Chair of the Library Board of Trustees, noted that in 1998, the Trustees, the Library staff and the Library Foundation began a formal planning process to determine how to best meet the needs of the community, both now and in the next twenty years. He noted that extensive self-evaluation has been involved, as well as the hiring of a well-respected consultant. The result of that process generated the process of finding land to meet expansion needs, with first focus being in the immediate area of the existing library; however, a second focus, being the CMC property on East Main Street, has recently surfaced. He noted that CMC Heartland has offered to sell the 14 + acres at the old depot site for what appears to be less than market value; however, the cost of clean-up must also be considered. He suggested that this 14-acre site would meet the immediate needs as well as the future needs of the Library, secure parkland for both Lindley Park and Burke Park, and open the possibility for open space, City offices or commercial development. Mr. Farmer stated that, before investing more time in the possibility of acquiring this parcel, the Board would like to know the level of City commitment, particularly in bonding capacity, for either site. He noted that the Board needs to respond to CMC Heartland, since the offer has been extended to accommodate this discussion. Director of Libraries Alice Meister stated she sees this as a great opportunity for both the . Library and the community, particularly since the Library will need only 5 of the 14 acres in this parcel. She noted that, since the per-acre cost of the CMC property is less than the cost of the property surrounding the existing Library, this new location may be a better option. She recognized that, at 10-16-2000 ----- .. .---------- __.n ..__..______._. _ .__....._._.__.___.. .___..__n_u__.._._._ - 7 - one point, it appeared relocation might be undesirable; however, she suggested that moving to this . property would not be as problematic as initially anticipated. Responding to Commissioner Frost, Assistant City Manager Brey stated the Department of Environmental Quality has preliminarily indicated that all asbestos, lead and any other contamination on the site must be removed prior to development. He cautioned that research has involved only one- half of the site to date, so the extent of the contamination is not known. Responding to Commissioner Kirchhoff, Director Meister stated that if the site is designated a Brownfield site, assistance may be available for both testing and clean-up. She also suggested that, if low-income housing were constructed on a portion of the site, other funding possibilities, such as block grants, could be available. Commissioner Frost voiced his support for acquiring the CMC property, suggesting that a new City Hall could also be constructed on the site. Director of Libraries Meister stated that the visibility of the site is wonderful; however, the Library is concerned about the financial viability of both acquiring the property and constructing a new building. Responding to Commissioner Kirchhoff, Mr. Farmer stated the price of the CMC Heartland property is $2.5 million, and the study done for the Gallatin Development Corporation projected the costs of remediation at $800,000 to $1 million for a portion of the site, depending on disposal costs. . Mayor Youngman noted the City is currently juggling a host of options, including acquiring the East Willson School for a City Hall. She stated that, while she wants the Library to have as much bonding capacity as possible, this issue must be considered in context of the other needs. She suggested that some type of public/private use of the CMC property could make this project more financially viabl~. She voiced her support for having the Library adjacent to -a public park and close to the downtown. City Manager Johnson noted that the Library needs a 49,000-square-foot building, which will cost an estimated $7 million. He stated'that, when that is added to the cost of the land, the result is $10 'million; and the Library is asking what portion of the City's $6 million bonding capacity the Commission is willing to commit toward this project, so they know what fundraising efforts need to be undertaken. He also asked what other interests would be acceptable as co-interests. He then cautioned that the City Hall and the Fire Station' are connected and separating them, both physically and mechanically, will result in significant costs. He noted that estimates suggest City Hall could be sold for $750,000 to $1 million, and the Professional Building could be sold for $1 million, and it would cost $ 75 to $100 per square foot to replace those facilities. He noted that if the open space bond initiative for $10 million is approved and a new jail is to be constructed, the County will have no remaining bonding capacity. He concluded by cautioning that taking the next step will cost money. Responding to Comr:nissioner Smiley, Director Meister stated that the existing Library contains 21,000 square feet, including the mezzanine. - Commissioner Smiley noted that a successful library is essential in a good education system; . and the MSU library is in deep trouble. 10-16-2000 -.----- ....-..-.--.-.--..-.- - ..------.--- ---------------.--.-- --.-- -.---------.- .-----------..-.. ___.__________ .__ ._ - ___ __.____ .. n__ _. _ -.--.- - - 8 - Responding to comments from Commissioner Frost, Mr. Farmer stated that several . contingencies would be included in an offer for purchase, including acceptability of remediation costs. Commissioner Kirchhoff stated that, while it would be wonderful to have a public building on the CMC property, the project is "fraught with problems". He suggested the East Willson would be a better option for a new City Hall, and proposed that the Library consider expansion in its current location. Commissioner Brown stated the CMC site has some interesting possibilities; however, he shares the concerns raised by others. He stated that, if the City is serious about the East Willson, he does not believe it can also be serious about the CMC property. He concluded by voicing concern about the potential costs of remediation. Commissioner Frost stated that he would prefer to have City Hall remain in its current location if the City could acquire the CMC property for the Library. Mayor Youngman stated the costs of expanding the existing library or constructing a new library will be within $1 to $2 million of being the same. She stressed the importance of taking all of the properties and options into consideration when making this decision. Director Meister stressed the importance of considering expansion opportunities in the next twenty to forty years, particularly since it is difficult to find inexpensive land on which to expand. Mayor Youngman stated she's less excited about acquiring the CMC Heartland property if the City wishes to retain the entire 14 acres. She noted, however, it is important to recognize that . portions of the CMC property is currently being used as the northwest corner of Lindley Park and the vehicular access to and parking lot for Peet's Hill. She suggested that the City could best protect those community resources by becoming involved in the purchase of the parcel. City Manager Johnson noted that, beginning in November, he will be asking the Commission to define and list priorities upon which the staff can build a budget. He stated that a decision on this issues will further help to shape the budget, and suggested that earmarking $2 Y2 million of the City's $6 million bonding capacity would give the Library the monies needed to acquire the property, provided that the public approves the issuance of those bonds through a mail ballot in the spring. He asked if the Commission wants to commit more of the bonding capacity at this time, prior to the formal budgeting process. In response to comments from the City Manager, Director Meister stated the Library Board and staff would prefer a commitment of $4 million in bonding capacity, to serve as leverage for the Foundation's fund raising efforts. She cautioned that if only enough monies are committed to purchase the property, the building will probably not be constructed. City Attorney Luwe cautioned that, if the City acquires the CMC property, it may be responsible for all remediation costs; and only a portion of those costs are known at this time. He cautioned that they could be extensive, depending on the remediation plan approved by the Department of Environmental Quality. . During extensive discussion on the needs of the Library as well as other City needs for bonding capacity, the individual Commissioners proposed commitments of $2 to $4 million in bonding capacity for acquisition of land and construction of a new or expanded library. 1 O~ 16~2000 .-. ...--. - -. ._____..._.._.__.. ____ .__..__n____ _.____.. - 9 - library Board member Holly Brown noted that, if the library purchases the CMC Heartland . property and constructs a new library on that site, the existing library would become available for City offices, which may alleviate pressures on other areas. She further stressed that the project will not happen overnight; rather, authorization at this time will simply allow the Library to move forward with negotiations. She noted that, without an authorization on bonding capacity from the Commission at this time, the library cannot move forward with negotiations in good faith. After additional discussion, a majority of the Commissioners agreed to commit $4 million in bonding capacity for the library project. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Commission authorize using up to $4 million of the City's bonding capacity for the Bozeman Public Library facility, contingent upon an affirmative vote of the electors. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff and Mayor Youngman; those voting No being Commissioner Brown. Break ~ 5:27 to 5:31 D.m. Mayor Youngman declared a break from 5:27 p.m. to 5:31 p.m., in accordance with Commission .policy. Commission Resolution No. 3406 - Drovidina for the certificate establishina the Dlan of aovernment . for the City of Bozeman, Montana. to be adoDted Dursuant to the BDDroval of the voters Included in the Commissioners' packets was a copy of Commission Resolution No. 3406, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3406 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING FOR THE CERTIFICATE ESTABLISHING THE PLAN OF GOVERNMENT FOR THE CITY OF BOZEMAN,. MONTANA.. TO BE ADOPTED PURSUANT TO THE APPROV AL OF THE VOTERS. City Manager Clark Johnson stated' that this resolution does not change what is on the November ballot; rather, it identifies how the government will operate if the ballot measure is successful. City Attorney Luwe noted that, at last week's work session, Assistant City Manager Ron Brey presented information on the certificate and the options selected. He indicated that this information can be used in explaining the proposed changes to the electorate. The City Manager noted that under this certificate, the manner in which the government operates will not change. . Responding to Commissioner Brown, the City Attorney indicated that many items, such as how the Mayor is chosen, will be addressed in the transition plan; and the Commission has already provided direction on most of those issues. He then noted that, from a procedural standpoint, the manner in 10-16-2000 _____________.. .._ _n__ --- . -----.---.---..-- --..---- - ..-..-- --...---- - 10- which the Mayor is currently selected is a good one because it gives an incoming Mayor two years . to learn before assuming those additional duties. Commissioner Frost noted his only concern is that the ballot issue may not pass because it only results in improved efficiency of government and is a "nuts and bolts type change, with no bells and whistles" . Mayor Youngman noted that she and Commissioner Brown are talking to various organizations about this issue, being careful to only provide information and not advocate for it. She stated that, if any other Commissioner wishes to make presentations, she has examples of what can be done under self-government powers that cannot be done under general government powers. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that Commission Resolution No. 3406, providing for the certificate establishing the plan of government for the City of Bozeman, Montana, under the ballot issue before the voters~ be adopted. 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) Community Affordable Housina Advisory Board, (C) Parking Commission, (D) Pedestrian/Traffic Safety Committee, (E) Senior Citizens' Advisorv Board, and (F) Tax Increment Financina Industrial District (TIFID) Board Previously distributed in the Commissioners' packets was a memo from Deputy Clerk of the . Commission DeLathower, dated September 28, 2000, forwarding the applications for the various boards and commissions. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the following appointments be made to the Beautification Advisory Board: Dawn Smith be appointed with an initial term to expire on June 30, 2002, and that Virginia Heimann be appointed with an initial term to expire on June 30, 2003. 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. It was moved by Commissioner Brown, seconded by Commissioner Frost, that Lynda Upton be appointed to replace Lisa Lotte Hardiman as the low- or moderate-income person on the Community Affordable Housing Advisory Board, with an initial term to expire on June 30, 2002. 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. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that Brian Prahl be appointed to replace Lyn Bacon on the Recreation and Parks Advisory Board, with an initial term to expire on December 31, 2001. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown and Mayor Youngman; those voting No, none. . Following discussion, it was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that action on the appointments to the Senior Citizens Advisory Board be delayed for a period of one week. The motion carried by the following Aye and No vote: those voting Aye being 1 O~ 16-2000 -- -11 - Commisioner Smiley, Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost and Mayor . Youngman; those voting No, none. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. (1 ) Letter from Sue Dorsey, 2200 West Dickerson Street, dated September 27, asking for more parking at the swim center. (2) Copy of the notice of public hearing on the Bozeman Area Transportation Plan, which is scheduled before the Transportation Coordinating Committee at 7:00 p.m. on Monday, October 30, at the Wingate Inn. (3) Minutes from the Beautification Advisory Board meeting held on September 20. (4) Minutes from the Montana Transportation Commission meeting held on July 6, the telephone meeting held on August 2 and the telephone meeting held on August 31, 2000. (5) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, October '7, at the Courthouse. (6) Agenda for the Development Review Committee meeting to be held at , 0:00 a.m. on . Tuesday, October 17, at the Professional Building. (7) Agendas for the Zoning Commission meeting to be held at 7:00 p.m. and the City Planning Board meeting to be held at 7:30 p.m. on Tuesday, October 17, in the Commission Room. (8) Agenda for the Transportation Coordinating Committee meeting to be held at 10:00 a.m. on Wednesday, Octbber 18, in the Commission Room. (9) City Manager Johnson submitted the following. (1) Distributed copies of a memo from Fiscal Officer Ed Blackman to the County Commission, dated October 5,2000, providing historic data on the budget for the 9-'-' program and calculating the current dispatch needs. (2) Stated he will be out of the office from October 20 to October 30; and City Attorney Luwe will be serving as Acting City Manager. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Proclamation - "National CooDerative Month" - October 2000 Commission . Resolution No. 3407 - levvina and assessina the business . imDrovement district for Fiscal Year 2001 10-16-2000 - 12 - COMMISSION RESOLUTION NO. 3407 . A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, . LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2001 UPON ALL REAL PROPERTY IN THE BUSINESS IMPROVEMENT DISTRICT, LOCATED IN THE CITY OF BOZEMAN'S DOWNTOWN AREA, TO DEFRAY THE ESTIMATED COST AND EXPENSE TO BE IN,CURRED IN THE BUSINESS IMPROVEMENT DISTRICT FOR THE FISCAL YEAR. Reiect all bids for one new tarD layina machine for the landfill Authorize writina off of NSFs and unDaid water accounts that are over a year old. and cancellation of stale-dated warrants. and stale-dated checks that have been outstandina for over a year ~uthorize City Manaaer to sian - AcceDtance of Sanitary Sewer. Water PiDeline . and Access Easement Aareement from DMC. Inc. ~ across Tract 4 and Tract 5, Mountain Vista Subdivision (for Brookside ADartments) A'cDroval of one-Year extension of subdivision aDDrovalfor Babcock Meadows. Phases IIA and liB Commission Resolution No. 3408 . relatinQ to $2.630.000.00 Dooled SDecial ImDrovement District bonds. Series 2000 . COMMISSION RESOLUTION NO. 3408 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA. RELATING TO $2.630.000 POOLED SPECIAL IMPROVEMENT DISTRICT BONDS, SERIES 2000 (SPECIAL IMPROVEMENT DISTRICT NOS. 666. 667 AND 668); FIXING THE FORM AND DETAILS AND PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND SECURITY THEREFOR. Claims It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the Commission approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No, none. Recess. 6:03 D.m. Mayor Youngman declared a recess at 6:03 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings. . 1 O~ 16~2000 ----.---- -.. -.- - 13 - Reconvene - 7:00 D.m. . Mayor Youngman reconvened the meeting at 7:00 p.m.. for the purpose of conducting the scheduled public hearings. Public hearing - Commission Resolution No. 3397 - levyina and assessina SID No. 666 - acauirina street imDrovements in Valley West Annexation This was the time and place set for the public hearing on Commission Resolution No. 3397, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3397 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. 666 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, 666. Mayor Youngman opened the public hearing. City Attorney Luwe stated that this and the next two agenda items provide for levying and assessing special assessments for the three special improvement districts recently created for the . Valley West Annexation. He noted this is the next step in the process, and the assessments will be used to payoff the bonds which are being sold. No one spoke in support of or in opposition to the final adoption of this resolution. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Brown, seconded by Commissioner Frost, that Commission Resolution No. 3397, levying and assessing Special Improvement District No. 666, be finally adopted. 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 - Commission Resolution No. 3398 - levyina and assessina SID No. 667- acauirina water imDrovements in Valley West Annexation This was the time and place set for the public hearing on Commission Resolution No. 3398, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3398 . 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, 667 IN THE CITY 10-16-2000 - 14 - OF BOZEMAN, COUNTY OF GALLATIN, STATE OF MONTANA, TO DEFRAY THE . COST OF ACQUIRING THE IMPROVEMENTS WITHIN SAID EXTENDED SPECIAL IMPROVEMENT DISTRICT NO. 667; Mayor Youngman opened the public hearing. No one spoke in support of or in opposition to the final adoption of this resolution. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that Commission Resolution No. 3398, levying and assessing Special Improvement District No. 667, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown and Mayor Youngman; those voting No, none. Public hearin~ - Commission Resolution No. 3399 - levyina. and assessing SID No. 668 - acauirina sewer imDrovements in Valley West Annexation This was the time and place set for the public hearing on Commission Resolution No. 3399, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3399 . A R"ESOLUTION 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 COST OF ACQUIRING THE IMPROVEMENTS WITHIN SAID EXTENDED SPECIAL IMPROVEMENT DISTRICT NO. 668. Mayor Youngman opened the publiC hearing. No one spoke in support of or in opposition to the final adoption of this resolution. Since there were no Commissioner" objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that Commission Resolution No. 3399, levying and assessing Special Improvement District No. 668, be finally adopted. 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. , . 10-16-2000 ____...__n_ -- ..--..- - 15 - Public hearina - Commission Resolution No. 3400 - levvina and assessina 1998A and 1998B . Sidewalk Prollrams . This was the time. and place set for the public hearing on Commission Resolution No. 3400, as approved by the City Attorney, entitled: 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 SEEN 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. Mayor Youngman opened the public hearing. No one spoke in support of or in opposition to the final adoption of this resolution. Since there were no Commissioner objections, Mayor Youngman closed the public . hearing. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that Commission Resolution No. 3400, levying and assessing 1998A and 1998B Sidewalk Programs, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No, none. Public hearing - Commission Resolution No. 3401 - levvina and assessina lighting districts for Fiscal Year 2001 This was the time and place set for the public hearing on Commission Resolution No. 3401, as approved by the City Attorney, entitled: COMMISSION RESOLUTION NO. 3401 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, LEVYING AND ASSESSING MAINTENANCE AND ELECTRICAL CURRENT COSTS FOR SPECIAL IMPROVEMENT LIGHTING MAINTENANCE DISTRICTS OF THE CITY OF BOZEMAN. . Mayor Youngman opened the public hearing. 10-16-2000 - 16 - No one spoke in support of or in opposition to the final adoption of this resolution. . Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Brown, seconded by Commissioner Frost, that Commission Resolution No. 3401, levying and assessing lighting districts for Fiscal Year 2001, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff and Mayor Youngman; those voting No, none. Public hearing - Commission Resolution No. 3402 - levvinq and assessinQ delinquent garbaae for Fiscal Year 2000 This was the time and place set for the public hearing on Commission Resolution No. 3402, as approved by the City Attorney, entitled: 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 MONTANA, TO DEFRAY THE COST AND EXPENSE OF COLLECTING, REMOVING AND DISPOSING OF SOLID WASTE. Mayor Youngman opened the public hearing. No one spoke in support of or in opposition to the final adoption of this resolution. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that Commission Resolution No. 3402, levying and assessing delinquent garbage for Fiscal Year 2000, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown and Mayor Youngman; those voting No, none. Public hearina - Commission Resolution No. 3403 -Ievvina and assessina delinauent sewer for Fiscal Year 2000 This was the time and place set for the public hearing on Commission Resolution No. . 3403, as approved by the City Attorney, entitled: 10-16.2000 - 17 - 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. Mayor Youngman opened the public hearingd No one spoke in support of or in opposition to the final adoption of this resolution. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that Commission Resolution No. 3403, levying and assessing delinquent sewer for Fiscal Year 2000, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost and Mayor Youngman; those voting No, none. . Public hearina - Commission Resolution No. 3404 - levving and assessing delinauent snow removal charaes for Fiscal Year 2000 This was the time and place set for the public hearing on Commission Resolution No. 3404, as approved by the City Attorney, entitled: 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 DEFRA Y 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. Mayor Youngman opened the public hearing. City Attorney Luwe stated that the ordinance requires adoption of the assessment resolution before the first Monday of October. As a result, he cautioned that the City may be . unable to collect the assessments if this resolution is adopted. He noted another option would be to direct his office to proceed with litigation to collect against each property involved. 10-16-2000 - 18 - Included in the Commissioners' packets was a letter from Debbie Smith, Manager of the . Bozeman Medical Arts Center, requesting that the $40 balance be deleted off their account. Ms. Debbie Smith, Manager of the Bozeman Medical Arts Center, distributed a packet of information regarding the assessment against one of the parcels on the list of delinquencies. She stated that Arbor Medic has removed the snow from the sidewalks adjacent to the Medical Arts properties for the past nine years. As the result of conversations with George Durkin, Engineering Technician, after she received the accounts receivable bill, he wrote off the $316.70 for services rendered at 21 East Beall Street, leaving a balance of $40.00, which is the minimum fee. She stated that, at this time, she is disputing that assessment because no snow was removed from that sidewalk. She noted that, included in the packet just distributed, is information from the MSU records showing snowfalls and temperatures for the various dates in question. She stated that, based on that information, which shows no snowfall and temperatures from the low 30s to the mid 50s during the period of time in question, no snow could have been removed from the sidewalks. Ms. Smith stated the subject property is located on the corner of North Black Avenue and East Beall Street. She noted that the first bill was for 560.2 square feet while the next bill was for 1,250 square feet. She indicated that the subject property is an open vacant lot and the sidewalk is, therefore, not shaded. She concluded by stating that the property was sold on July 1, and she does not believe the current owner should be assessed for this bill. Director of Public Service Debbie Arkell stated that she talked to Engineering Technician . George Durkin about this matter, noting that it had previously been appealed to City Engineer Craig Brawner, who reduced the initial bill from $351.50 to $40.00 because he was unable to identify to what extent snow remained on the subject sidewalk when the contractor responded to the call to clean it. She stated that the pictures of the sidewalk show that on the two dates the snow enforcement officers were out, the sidewalks were snow covered. She suggested that the discrepancy in square footages involved could be due to the amount of the sidewalk from which snow was removed. Mr. Wade Dooley, contractor for the Medical Arts Center, stated there are no obstructions that would keep the snow from melting off the sidewalks around the entire parcel. He stated that he has spoken with Mr. Durkin several times about the City's snow removal practices, particularly when there is no boulevard between the street and the sidewalk. He noted that he charges his clients for removing the snow from the sidewalk and is generally not aware when the City trucks bury the sidewalk back under snow when plowing the streets. He noted that this results in warnings being issued to his clients or fines being imposed, or he plows the sidewalks multiple times in one day, at an additional cost to the clients. He stated that, during those discussions, Mr. Durkin suggested that he approach the Commission about how to handle this issue. Mayor Youngman noted that having the sidewalks plowed under during street plowing operations happen to homeowners as well as businesses. She recognized the difficulties that . this presents and asked if there is any predictability available for those who have professional arrangements. 10-16-2000 - 19 - Director of Public Service Arkell stated the only predictability is for those along snow . routes, which are to be plowed before 8:00 a.m. She noted that the secondary routes and some residential areas may never be plowed if snow continues to fall; and cautioned it is impossible to not cover the sidewalks and driveways when plowing the streets. Mr. Dooley voiced concern about the liability exposure he incurs when the City plows snow back onto the sidewalk that he has already cleared. City Manager Johnson recognized that Ms. Smith has a valid point in saying there was no snow on February 7 or February 23; however, the records reveal there was snow on the sidewalks on February 1 and February 15, when the snow enforcement officers were patrolling the community. He noted the process was flawed because the contractor did not take pictures of the sidewalk prior to shoveling or after the work was completed. He stated, however, that because the City did perform enforcement tasks, the City Engineer dropped the charges to the minimum but did not completely eliminate them. Ms. Smith noted the information from MSU reveals that on February 1 there was no snowfall, the snow depth was 2 inches, and the high temperature was 44 degrees; and on February 15, there was .1 inch of snowfall and a high temperature of 45 degrees. During Commissioner discussion, it was recognized that the basic facts are being disputed; and there are no pictures upon which to determine definitively whether snow removal work was done. It was also recognized that, where a vacant lot is involved, no door hanger . notification is provided. City Attorney Luwe noted that, under the ordinance, no notification is required, although City staff began that procedure several years ago. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. Responding to questions from the Commission, City Manager Johnson recommended that the Commission finally adopt the resolution. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that Commission Resolution No. 3404, levying and assessing delinquent snow removal charges for Fiscal Year 2000, be adopted with the first assessment listed on Schedule A being deleted. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting No, none. Public hearing - Conditional Use Permit - Hare Engineerina.lnc.. for Touch America. Inc. - allow construction of fibre oDtic regeneration facility on the South half of Lot 6. Block 2. Triangle . Annexation (south of Professional Drive and north of West Colleae Street) (Z-0135) This was the time and place set for the public hearing on the Conditional Use Permit 10-16-2000 - 20 - requested by Harp Engineering, Inc., for Touch America, Inc., under Application No. Z-0135, . to allow the construction of a fibre optic regeneration facility on the south half of Lot 6, Block 2, Triangle Annexation. The subject property is located south of Professional Drive and north of West College Street. Mayor Youngman opened the public hearing. Assistant Planner Karin Caroline presented the staff report. She stated the subject property is a vacant parcel which extends from the south end of Professional Drive to West College Street that is occasionally used for grazing horses. She noted that, under this application, three prefabricated concrete structures with aggregate finish, totalling 520 square feet, are to be constructed on this vacant parcel. The walls are to be a maximum of 9 feet tall, and the structures are to be surrounded by a 7-foot-high chain link fence. A substantial amount of landscaping is to be provided along the south, east and north edges of the site. The fibre optic generation site is to receive incoming signals and transit them at increased strength. The Assistant Planner stated that the Development Review Committee and the Planning staff have reviewed this application in light of the criteria set forth in the zone code; and the staff's comprehensive findings are contained in the written staff report. She stated that, based on those findings, staff is forwarding a recommendation for approval, subject to twelve conditions. Mr. Joby Sabol, attorney representing Touch America, stated that the "Halloween . colored" conduit being buried in the area is part of the fibre optic infrastruct"ure. He noted that approximately every fifty miles, the signal needs to be regenerated; and this site will provide that regsneration as well as a distribution for local lines. Responding to questions from Commissioner Brown, Mr. Jason Williams, Harp Engineering, stated the subject location will be the only distribution point in Bozeman at this time. He then indicated that there are also regeneration sites in the Three Forks area and in the Springdale area. No one was present to speak in opposition to the requested conditional use permit. It was moved by Commissioner Brown, seconded by Commissioner Frost, that the Conditional Use Permit requested by Harp Engineering, Inc., for Touch America, Inc., under Application No. Z-0135, to allow the construction of a fibre optic regeneration facility on the south half of Lot 6, Block 2, Triangle Annexation, be approved, subject to the following conditions: 1. The proposed buildings shall be required to conform to R-a zoning setbacks: Front Yard - 20 feet . Rear Yard - 20 feet Side Yard - 5 feet 10-16-2000 - 21 - 2. Applicant shall comply with the mandatory landscape provisions in Section . 18.49.060. In addition to these requirements, the applicant must earn the minimum number of landscape performance points, which is 23 for this project. 3. Applicant shall provide all proposed landscaping sizes and dimensions accurately in the landscaping plan submitted with the final site plan. 4. Existing utility box located on-site shall be relocated outside of the right- of-way. 5. At the time Professional Drive is improved, the applicant shall either replace the proposed 7 foot fence with a 4 foot fence or relocate the 7 foot fence outside the setback requirements. 6. A Public Access and Utility Easement (60 feet wide) shall be. provided and filed with the County Clerk and Recorder's Office for the future extension of Professional Drive from West Dickerson Street to west College Street. A copy of this easement shall be provided with final site plan submittal. 7. Any proposed lighting shall be in compliance with Section 18.50.035 (A) of the Bozeman Zone Code. Any lighting, including that for security purposes, used to illuminate an off-street parking area, sign or other . structure, shall be arranged so as to deflect light down and/or away from any adjoining properties and shall not detract from driver visibility on adjacent streets. Luminaires and lenses shall not protrude below the edge of the light fixture. All details and specifications, including bulb type and size, shall be reviewed and approved prior to final site plan approval. 8. In addition, all lighting (except for security purposes) shall be turned off between eleven p.m. and six a.m. 9. Proposed landscaping will require the necessary irrigation. If a well exists or is proposed, the location of this well must be shown on the final site plan. If City water services are proposed, location of water meter and where the service line would be, must be shown as well on the final site plan. 10. The applicant must submit an accurately dimensioned final site plan (with a legend of line types and a north arrow) within six (6) months of preliminary approval, as well as a written narrative indicating how all conditions of approval have been met. The final site plan must be approved prior to issuance of any building permits. Per Section 18.62.090/ "Building Permits and Installation of Improvements", an . Improvements Agreement must be signed by the applicant/owner prior to final site plan approval. If occupancy of the building is to occur prior to 10-16-2000 - 22 - completion of all required improvements, the Improvements Agreement . must be financially guaranteed. 11. The right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure. 12. All of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval, or commencement of the conditional use. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff and Mayor Youngman; those voting No, none. Public hearing - Zone Code Amendments - comDrehensive amendments to the zone code to clarify or modify existina definitions. amend the lists of cermitted uses in various zones. clarify design review crocess for certain minor site clans and conditional use permits. and modify . noticing reauirements (Z-0137) This was the time and place set for the public hearing on Zone Code Amendments under Application No. Z-0137. This application includes comprehensive amendments to the zone code to clarify or modify existing definitions, amend the lists of permitted uses in various zones, clarify design review process for certain minor site plans and conditional use permits, and modify noticing requirements. Mayor Youngman opened the public hearing. Associate Planner Chris Saunders. presented the staff report. He reminded the Commissioners that several amendments were made to the zone code last year; and these amendments are designed to cure defects and tidy up the outstanding issues from that process. He noted that eleven housekeeping amendments are included in the staff report. The Associate Planner stated that staff has reviewed these amendments in light of the twelve criteria established in State statutes, and the staff's comprehensive findings are contained in the written staff report. He noted that, following that review, staff forwarded a recommendation for approval and, following its public hearing on October 3, the Zoning Commission concurred in that recommendation. . No one was present to speak in support of or in opposition to the proposed zone code amendments. 10-16-2000 - 23 - It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the . Commission approve the comprehensive Zone Code Amendments under Application No. Z-0137, to clarify or modify existing definitions, amend the lists of permitted uses in various zones, clarify design review process for certain minor site plans and conditional use permits, and modify noticing requirements, and authorize and direct staff to bring back an ordinance enacting the amendments. 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. ConceDt Dlan review - Baxter Meadows Subdivision (northwest corner of Baxter Lane and Davis Lane) Planning Director Andy Epple gave a brief update on the proposed Baxter Meadows Subdivision, noting that, to date, staff has received no proposed concept plan. He stated that he and Senior Planner Skelton met with a group of representatives from the County, Williams Brothers and Zoot Enterprises, as well as a realtor. He noted that the approximately 400-acre parcel, formerly known as the Cannon White farm, is located in the county; and discussions about developing this property as a mixed use new urbanist development have raised a number of issues that would be best addressed if it were developed in the city limits, .with City services. He stated the County representatives were concerned about proposals for amendments to the county master plan and zoning ordinance that would enable urban development on acreage when 2/3 of the property lies in an area identified as being connected . to City services. He noted that, despite the results of that meeting, the applicants have submitted applications to the County but none to the City. He then indicated that no one is present at this meeting to represent the proposed development. Mayor Youngman indicated that the Commission would be willing to consider a presentation on the proposed development when requested to do so. Discussion (continued) re economic imD8ct study for WalMart. as preDared by Bay Area Economics City Manager Johnson summarized the results of this afternoon's discussion, noting that amendments to the report are to include identifying from where the customers are to be captured, specific wage and benefit information from WalMart, more specific information about the 120 jobs projected to be lost in the grocery sector, resolving the differences in growth projections between this study and those used in the transportation plan and county planning and reconciliation of the accompanying numbers, details regarding the cinemaplex discussion, the method of selecting the ten high tech firms that were surveyed, and correction of typographical errors. Commissioner Kirchhoff asked that the minutes be researched to see if they contain the . caution that one possible outcome of the study is that itmight provide documentation for denial of a project rather than information for remediation of issues identified. 10-16-2000 - 24- City Manager Johnson asked what the next step is to be, and whether the result is to . be a resolution or general policy statement or a policy specific to the WalMart proposal. The Commissioners concurred that the next step is to consider the WalMart proposal, recognizing that different types of stores will have different impacts on the community. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that staff be directed to compile the list of amendments, including those listed above, and forward them to Bay Area Economics for inclusion in the final document. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost and Mayor Youngman; those voting No, none. Discussion - FYI Items (continued) (10) Commissioner Frost noted that Director of Facilities and Lands Goehrung has had the Tree City USA signs re-installed on North 7th Avenue and East Main Street, and voiced his appreciation for seeing those signs up again. Commissioner Smiley asked that a Tree City USA sign be installed on US Highway 191. (11 ) Commissioner Frost asked if the City is picking up leaves out of the gutter again this year, stating he thought the City crews were no longer doing that. . ( 12) City Attorney Luwe noted that Montana State University still owes the City for the street closure work done on South 6th Avenue and, if that payment is not made within the next thirty days, staff will seek reconsideration of the street vacations enacted earlier today. ( 13) Commissioner Kirchhoff distributed to the Commissioners copies of an e-mail he had received from Daniel Glenn, member of the Design Review Board, dated October 16, suggesting that James Charlier be retained for a charette or discussion on creating a more pedestrian friendly community. He asked if the Commissioners are interested in accepting Mr. Charlier's offer to come to Bozeman to discuss traffic calming. As a result of discussion, the Commissioners concurred they would not be willing to do so. (14) Mayor Youngman noted the Commissioners have received a copy of the resolutions adopted at the Montana League of Cities and Towns Convention this year, noting that some boldly different legislation is included; and a majority of it is based on the results of the bipartisan committee. She then stressed the importance of Cities providing input on economic development in the upcoming legislative session. . Adiournment - 8:45 D.m. There being no further business to come before the Commission at this time, it was 10-16-2000 - 25 - moved by Commissioner Brown, seconded by Commissioner Frost, that the meeting be . adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff and . Mayor Youngman; those voting No, none. MA~~~aYor ATTEST: ~stuv~ Clerk of the Commission . . 10-16-2000