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HomeMy WebLinkAbout2000-03-06 Minutes, City Commission -.--... -. -- .. -.--.. .- -_.- MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA March 6, 2000 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, March 6, 2000, at 3:00 p.m. Present were Mayor Youngman, Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, City Manager Johnson, City Attorney Luwe, Clerk of Commission Sullivan, and Deputy Clerk of Commission Murphy. 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. August 16. Sectember 7. Sectember 20. and December 13 (revisions only>, 1999, January 18. January 24. January 31. February 7. February 14. February 22 and February 28. 2000 Mayor Youngman deferred action on the minutes of the meetings of August 16, September 7 and September 20, revisions (requested by the County Commission) to the minutes of the meeting of December 13,1999, January 18, January 24, January 31, February 7, February 14, February 22, and February 28, 2000 to a later date. . Acclication for Kennel license - Roxie Curtis. 119 West College Street - Calendar Year 2000 Included in the Commissioners' packets was a memo from Animal Control Officer Connie Lien, dated February 18, along with a copy of the application. Animal Control Officer Lien highlighted the procedure for the issuance of kennel licenses, which includes cats for the first time this year. Under the new procedure, people come into City Hall to make their application, which is forwarded to Animal Control Officer Lien; she calls the applicants and makes an inspection appointment, then makes her recommendation; and the application and recommendation are forwarded to the Commission for their approval. Animal Control Officer Lien stated her opinion that the kennel fee, in this instance, is exorbitant, since there are only three cats. However, Ms. Curtis is readily complying. There was no public comment, and the applicant was not present. It was moved by Commissioner Brown, seconded by Commissioner Frost, that the application for kennel license submitted by Roxie Curtis, 119 West College Street, for Calendar Year 2000 be approved. 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. Application for Kennel license . James and Anne Foster ,420 South Willson Avenue - Calendar Year 2000 Included in the Commissioners' packets was a memo from Animal Control Officer Connie Lien, dated February 18, along with a copy of the application. 03-06-2000 . -- ----.- -.--.--.- - 2 - Animal Control Officer Lien highlighted her recommendation for approval. Anne Foster, applicant, was present; and a letter of support was received from Gladys Samson, a neighbor. There was no other public comment. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the application for kennel license submitted by James and Anne Foster, 420 South Willson Avenue, for Calendar Year 2000 be approved. 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. Application for Kennel License - Linda Gerleman. 1112 North 9th Avenue - Calendar Year 2000 Included in the Commissioners' packets was a memo from Animal Control Officer Connie Lien, dated February 18, along with a copy of the application. Animal Control Officer Lien characterized this as a quiet cul-de-sac area and reviewed her recommendation for approval. No public comment was forwarded, and the applicant was not present. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the application for kennel license submitted by Linda Gerleman, 1112 North 9th Avenue, for Calendar Year 2000 be approved. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, and Mayor Youngman; those voting No, none. . Application for Kennel license - Ken Gunn. 305 Highland Boulevard - Calendar Year 2000 Included in the Commissioners' packets was a memo from Animal Control Officer Connie Lien, dated February 18, along with a copy of the application. Animal Control Officer Lien highlighted her recommendation for approval. Mr. Gunn was present, and there was no public comment. Answering a question from Commissioner Kirchhoff, Mr. Gunn explained that "debarking" is a surgical procedure in which the "folds" in the throat are closed so the dogs have no voice. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the application for kennel license submitted by Ken Gunn, 305 Highland Boulevard, for Calendar Year 2000 be approved. 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. Application for Kennel license - Donald R. leal. 1127 South Cedarview Drive - Calendar Year 2000 . Included in the Commissioners' packets was a memo from Animal Control Officer Connie Lien, dated February 24, along with a copy of the application. Animal Control Officer Lien reviewed her recommendation for approval of this application. Mr. Leal was present; there was no public comment. Responding to a question from Commissioner Frost, Ms. Lien stated the reason one of the dogs is unaltered is because it is an expensive, well-bred animal; and the applicant is 03-06-2000 -.....--.--- ----.- ..--. - - .-. ___ _._ __n__ __ ---- - - ..---.. ~ 3 - considering breeding this dog. It was moved by Commissioner Brown, seconded by Commissioner Frost, that the application for kennel license submitted by Donald R. Leal, 1127 South Cedarview Drive, for Calendar Year 2000 be approved. 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. . Aoolication for Kennel License - Patty Carlson. 216 South Grand Avenue - Calendar Year 2000 Included in the Commissioners' packets was a memo from Animal Control Officer Connie Lien, dated February 18, along with a copy of the application. Animal Control Officer Lien recommended approval of this application. The applicant was present and stated she loves all her pets, she has a large home, all the animals sleep in bed with a family member or on the couch, and she has promised Animal Control Officer Lien that she will not take in any more animals. A letter of support was received from Dave McConnell, a neighbor. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the application for kennel license submitted by Patty Carlson, 216 South Grand Avenue, for Calendar Year 2000 be approved. 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. . Apolication for Kennel License - Ellyn MurohY. 506 North Bozeman Avenue - Calendar Year 2000 Included in the Commissioners' packets was a memo from Animal Control Officer Connie Lien, dated February 15, along with a copy of the application. Animal Control Of.ficer Lien stated this license was approved in 1999. In contrast to previous years, no complaints have been received. The applicant and her husband were present. It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the application for kennel license submitted by Ellyn Murphy, 506 North Bozeman Avenue, for Calendar Year 2000 be approved. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, and Mayor Youngman; those voting No, none. ADDlication for Kennel License - Allan Gadoury. 305 West Lamme Street - Calendar Year 2000 Included in the Commissioners' packets was a memo from Animal Control Officer Connie . Lien, dated February 18, along with a copy of the application. Animal Control Officer Lien has had complaints in the past regarding an unclean yard; but at the time of her inspection, the yard was clean. A letter in support of this application was received from Richard and Janis Storbo, neighbors. The applicant was not present. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the application for kennel license submitted by Allan Gadoury, 305 West Lamme Street, for 03-06-2000 -- .-- - 4 - Calendar Year 2000 be approved. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, Commissioner Smiley, and Mayor Youngman; those voting No, none. Ordinance No. 1511 - revisina Sections 18.36.010 and 18.36.020 of the Bozeman Municical Code to adoct by reference scecific sections of the Uniform Fire Code and to amend the Denaltv section for violations thereto . Included in the Commissioners' packets was a copy of Ordinance No. 1511, as approved by the City Attorney, entitled: ORDINANCE NO. 1511 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING SECTION 15.36.010 OF SAID CODE; ADOPTING ADDITIONAL UNIFORM FIRE CODE STANDARDS, AND REVISING SECTION 15.36.020 REQUIRING ANY VIOLATIONS BE PUNISHABLE AS A MISDEMEANOR. Chuck Winn, Deputy Chief, explained this ordinance doesn't reflect any new direction for the Fire Department to get tough on code violations; rather it adds a couple of things which will allow the Fire Department to work with existing buildings a little better. It is an attempt to put together Fire Codes and ordinances which will be easy to understand and easy to apply. There was no public comment. It was moved by Commissioner Brown, seconded by Commissioner Frost, that Ordinance No. 1511, adopting by reference additional Uniform Fire Code Standards and . amending the penalty section thereto, be provisionally adopted and that it be brought back in four weeks for final adoption. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, and Mayor Youngman; those voting No, none. County desianation of disclaced North 27th as the residential/commercial boundary in the Master Plan and related develocment crocosals Planning Director Epple stated this is a subject primarily concerning the County, but it does have implications for the City as well; and he then provided an overview of this issue. Referring to the Master Plan map from 1990, the Planning Director stated it shows a land use boundary in the area of Gardner Simmental Plaza and Costeo, between agricultural and commercial designations. The open space designation is to the west. When the Commission adopted the 1990 Master Plan, it referenced the map currently on display on the Commission room wall. Mr. Epple stated he is not sure how, when, or why, but when the map was reproduced in the Master Plan documents, the commercial designation was extended to Valley Center Road, giving that ground the ability to be designated as commercial. That has created the current confusion. . In response to a question from Commissioner Brown, Mr. Epple explained the line intended to depict North 27th Avenue actually curves outward, with the new alignment to the west. Property east of North 27th Avenue should have a commercial designation, but west of North 27th should remain residential. Staff recommended the east side of North 27th have the same zoning designation as Costco and Target, and the Commission has approved that zoning in conjunction with a pending annexation. Answering another question from Commissoner Brown, Planning Director Epple stated the land directly behind Target and Costco is zoned commercial to create a block of land with the same commercial zoning, rather than trying to put houses and apartments immediately 03-06-2000 - 5 - behind Target or Costco. That decision was supported by staff and the Commission in December. The County Zoning Board notified the City that another proposal was coming in for an area not annexed by the City. The County is proposing the commercial designation extend west of North 27th Avenue, with an R-O designation for the remainder. City Planning staff responded to this Master Plan amendment request in a December 30, 1999 letter from Mr. Epple, which was included in the Commissioners' packets, stating there should not be . commercial designation of anything in this area until it's proposed for annexation to the City of Bozeman and provided with City services. Additional rationale was fire and police protection. Planning staff is against converting any land to commercial zoning which is not proposed for annexation and, even with annexation, nothing west of North 27th Avenue should be commercial. People residing in this area are resisting any prospects of non-agricultural, non- single family density development. The proposed RV park was reviewed by the old City- County Planning Board, and they did not feel that was an appropriate use for the entryway corridor. The applicant did not pursue the proposal under the old City-County Planning Board guidelines, but he has now reactivated his proposal. The County Planning Board has made no recommendation. Commissioner Brown asked if the City Planning Board has any problems with the North 27th dividing line. Mr. Epple responded they feel it is premature to set the boundary before annexation. He added the 1990 Master Plan map shows commercial planning designation along Valley Center Road, and that document says certain land use designations are not to be implemented until the infrastructure is in place. Commissioner Frost indicated the maps in the book are distorted and too small to be accurate. He asked if there was an official map of a larger size for the Commissioners to use or various other maps they should be using. Planning Director Epple responded the Master Plan map on the Commission Room wall and in the Planning offices is the official map. The . County doesn't have the same version of the map, so when they adopted the Bozeman Area Master Plan, they adopted the map in the book, which is at odds with the official map. These different maps are problematic with some current reviews. That is the reason for the letter from the County requesting documentation for amendments made to the Master Plan. The County is trying to decide what they feel is the appropriate course of action, which is a good thing for them to do. Commissioner Frost noted there is a precedent for using the map on the wall in the Commission Room since it's been used for the past nine years, and changing maps now would be ridiculous. Planning Director Epple noted Attorney Joe Sabol has argued the official version of the map is the one on the Commission Room wall; this is the correct and accurate version. There is no similar statement from the County regarding adopting that map. Planning staff needs direction to finalize the digital version of the map for both the City and County to use until the Master Plan update is completed. Commissioner Brown asked what impact the proposed Bozeman School District's bus barn would have on the City, since it is PLI, with M-1 zoning being proposed across the road and rumored to be the future site of an implement dealership. In addition, B-2 zoning is shown on both sides of the extension of North 27th Avenue. Planning Director Epple stated the County Planning Board did not embrace the idea of B-2 zoning on the west side, and the City Planning Board said neither B-2 nor M-1 zoning would be appropriate until the property is annexed. He also noted the District's bus barn is to be located at one end so the school district can expand on that location if necessary. Commissioner Brown stated the proposed . bus barn could have a big impact on this area, and the City already deals with its impact at its present location. Mr. Epple replied the northeast neighborhood is very pleased the bus barn is going out to the North 27th area. Commissioner Brown stated he feels this bus barn should be located within city limits, to which Planning Director Epple replied the Planning Board regrets this area hasn't been annexed into the City yet. Commissioner Smiley added if the bus barn is located there, the City will want to restrict residential development from being too close. Mr. Epple noted the possibility of a new school being built there could be good for the neighborhood, which is already heavily populated. Mayor Youngman suggested the City might want to set the record straight with the 03-06-2000 .. ...__.__. _ _.m__.____ ---. -- --. ---------- - 6 - applicant regarding the RV park needing four or five lift stations. Director of Public Service Arkell replied that she has already clarified this matter with Mr. Sabol. The Mayor also suggested the Commission might want to send a letter to the County agreeing with the letter Mr. Epple sent regarding the Master Plan amendment; basically, a "we support our City staff and our Planning Board, and we endorse Mr. Epple's letter" type of letter. Mayor Youngman also asked if anyone wants to officially attend the RV hearing, or if . the Commissioners want to take a stand in any way. Commissioner Frost recommended sending a letter to the County that restates the City's position that the map on the Commission Room wall is the official map. Planning Director Epple stated he will supply the County with a digital copy of what the City views as the official map. He also noted the County has not wanted a lot of City influence in areas such as this; but in light of the renewed spirit of cooperation between the two Commissions, he feels a letter of support from the Commission would be appropriate. All Commissioners agreed a letter should be sent to the County Planning Board reinforcing the map on the Commission Room wall as the official planning map and backing City staff and the Planning Board regarding the need for city services in that area, per Mr. Epple's letter of 30 December 1999. Commissioner Kirchhoff asked if there is language included to designate North 27th as the boundary on the official map. Planning Director Epple replied after annexation of this area, commercial development will be limited to the area lying east of North 27th. The County feels this area could be designated as commercial, but the proposed RV park is pretty intense commercial use of this property. Commissioner Smiley responded the reason Mr. Swenson is proposing this RV park is because his park on Jackrabbit Lane is full, and people need a place to live on a temporary basis. He is providing housing for people that need it, and right now this type of temporary housing is in short supply. Both Mr. Swenson and at least one Planning Board member feel . that this location, with its close proximity to 1-90/ is the ideal location for an RV park. Commissioner Smiley also stated she doesn't agree with limited commercial development; she believes there is a strip along Valley Center Road that should be designated commercial and it is out of the City's hands; and it's up to the County to decide. Mayor Youngman replied commercial development of this area will have significant detrimental effects on the City by generating additional costs to the City without benefit of additional revenue. This proposal to allow commercial development without City services is also inconsistent with the jointly adopted Master Plan. Commissioner Frost added it doesn/t seem like cooperation to him to have the County continue putting zoning into an area where the City needs to grow, without being connected to City services; and that is the reason the Commission needs to tell the County its view of this. Planning Director Epple reiterated that is why the Commission needs to send a letter to the County. Mayor Youngman asked if the Commission wants to send a simple letter with the official map information and/or endorsing the Planning Board. Commissioner Frost suggested the language could be the Commission supports the wall map as the official map, and they are supporting their Planning Board on their decision regarding the North 27th Master Plan amendment. Mayor Youngman agreed a simple letter designating the official map to be used, and endorsing the letter already sent to them by Mr. Epple. . It was moved by Commissioner Frost, seconded by Commissioner Smiley / that a letter be sent to the County designating the official map and endorsing the letter previously sent by Planning Director Epple. Commissioner Smiley seconded the motion. The motion carried by the following vote: those voting Aye being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Frost, and Mayor Youngman. Those voting No, none. Selection of Mavor Pro Temoore(s) for Calendar Years 2000 and 2001 It was moved by Commissioner Frost, seconded by Commissioner Smiley, that, in keeping with tradition, the Commission appoint Commissioner Kirchhoff to serve as Mayor Pro 03-06-2000 .--.--.--- ---- - 7 - Tempore for Calendar Year 2000 and 2001. Commissioner Kirchhoff stated he thinks the appointment of the Incoming Mayor as the Mayor Pro Tempore is a wonderful tradition, but he would like to depart from tradition and select Commissioner Frost instead. Mayor Youngman suggested a compromise; Commissioner Frost to serve for the year 2000 and Commissioner Kirchhoff to serve for the year 2001. Commissioner Frost agreed to the compromise. . The following amendment was made to the original motion. It was moved by Commissioner Brown, seconded by Commissioner Smiley to amend the previous motion and appoint Commissioner Frost to serve as Mayor Pro Tempore for Calendar Year 2000 and Commissioner Kirchhoff to serve for Calendar Year 2001. The motion carried by the following Aye and No vote. Those voting Aye being Commissioner Brown, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Frost, and Mayor Youngman. Those voting No, none. The main motion, as amended, then 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. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" items. ( 1 ) Letter of resignation from the Recretaion and Parks Advisory Board, dated February 28, 2000, as submitted by Gwen Peterson. (2) Letter of resignation from the Cemetery Board, dated February 25, as submitted by Kim Allen Scott. . (3) Letter from Jessi Tompers, dated February 26, encouraging the Commission to be more concerned about residents of the community. (4) Letter from Noah Portiz, 1418 Maple Drive, dated February 28, expressing concern about the proliferation of exotic weeds in the community. (5) Snowpack report for the Gallatin River Basin as of February 28, 2000. (6) Letter from the Gallatin County Planning Department, dated March 2, asking for documentation regarding revisions to the 1990 Bozeman Area Master Plan Update. (7) Listing of codes for the 9-1-1 budget information submitted at last week's Commission meeting. (8) Copy of a letter to the principals of area schools from Alcohol and Drug Services of Gallatin County, dated March 1. (9) Letter from the State Historic Preservation Office, dated February 29, announcing that the Jack Bartlett House has been listed on the National Register of Historic Places. . (10) Memo from City Manager Jah nsan, dated March 2, forward ing staff's requests for policy direction for the upcoming budget, in preparation for the March 27 work session. (11 ) Minutes for the Recreation and Parks Advisory Board meeting which was held on February 11. ( 12) Minutes for the Tree Advisory Board meeting held on February 9. ( 13) Newsletter from Headwaters Recycling, announcing that the next meeting will be held in Boulder on March 8. 03-06-2000 * 8 - (14) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, March 7, in the Commission Room. (15) 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, March 7, in the Commission Room. (16) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, . March 7, at the Courthouse. ( 17) The City Manager submitted his weekly report, as follows: (1) Director of Public Service Arkell will serve as Acting City Manager and Staff Attorney Day-Moore will be substituting for City Attorney Luwe at the March 13th Commission meeting. (2)City Manager Johnson and GIS Coordinator Henderson will be attending a GIS seminar in Toronto, Canada. The GIS office is located upstairs in the Alfred M. Stiff Professional Building. (3) Network Systems Administrator Hagen will be attending the 9-1-1 meeting tomorrow to make recommendations on how to help improve things there. (18) City Attorney Luwe submitted the following. (1) He will be gone next week, as will Staff Attorney Cooper; however, Staff Attorney Day-Moore will be in the office. (2) Last year the Commission changed the ordinance regarding the renewal of kennel licenses. A hearing is no longer required; the Commission will approve renewals as Consent Items. Original requests for kennel licenses still require a hearing to give neighbors the opportunity to comment. Also new is the requirement for a kennel license for households with three or more cats. (19) Commissioner Frost asked City Attorney Luwe how the definition of "family", as related to housing issues, is coming along. City Attorney Luwe replied Associate Planner Saunders has written the initial draft, and it will be coming forward shortly. . (20) Commissioner Kirchhoff asked for Commission direction regarding the scope of services for the fiscal impact studies. Greenfield, Massachusetts, is going to mail today a fiscal impact study they did, paid for by WalMart, which laid the groundwork for WalMart eventually being denied. Eureka, California, also conducted a fiscal impact study, which also resulted in WalMart's denial. Even though these two studies showed very different information, the end result was the same. There may be some general information contained in these studies that could be applicable in Bozeman. Commissioner Kirchhoff also contacted the Mayor of Durango, Colorado, to ask for site plans and elevations to be sent to him because there was "a beautiful WalMart" constructed there; and again, some of that information could be useful in Bozeman. Mayor Youngman stated an agenda item needs to be added so the Commission can confer because WalMart wants to get going quickly on this. All the Commissioners agreed to have Commissioner Kirchhoff continue to gather information and bring it forward. Commissioner Smiley added there is an economist in Missoula who has been very active in doing studies throughout Montana, so he could have some useful information as well. Mayor Youngman asked what should trigger action to have this item put on the agenda. Commissioner Kirchhoff added he has received a scope of services, very simply stated, that is a seven-page document and was prepared by a consulting firm. They will send the . complete report, and the same is true for the Greenfield impact study. Both are 90-page documents in their entirety. That will give the Commission two examples to review, and then they can decide if another is needed. The Durango, Colorado store could be used as a design model. Commissioner Smiley stated another beautiful WalMart was designed for a midwestern location and asked if it would be possible to get design information on that store as well. Commissioner Frost suggested Commissioner Kirchhoff contact the two economists and also get their resumes to see if they are what the Commission is looking for. When Commissioner Kirchhoff distributes the material, the item could be added to the agenda which will give the Commissioners a couple of weeks to look it over. 03-06-2000 -- -.-- -------...- - 9 - Commissioner Brown suggested the Commission might want to try to proceed with at least three viable names. He also suggested Lloyd Wicks, a DAD avid son retiree living in Great Falls, might be able to suggest some additional names. Commissioner Frost stated he feels it is important to have someone from Montana. Commissioner Kirchhoff stated one way to go about determining which economist finally does the study is to come up with three names the Commission approves of, then forward them to WalMart, in the hope the one chosen will be agreeable to the Commission, as well as WalMart. . (21) Commissioner Smiley expressed appreciation to the Bozeman Daily Chronicle for mentioning the problems of people not cleaning up after their pets, as well as the flyers left all over the poles. She has volunteered to write letters to the responsible parties notifying them there is a $500 fine for posting materials on poles, if someone will pull the flyers off and give them to her. She also mentioned that in a recent poll of Montana voters, ranking near the top of their concerns were clean air and water issues. (22) Mayor Youngman stated the VISTA interviews were a great pleasure, and she thanked Bozeman Daily Chronicle reporter Ron Tschida for the great newspaper article he wrote. Job offers were extended to two applicants this afternoon. Consent Items City Manager Johnson presented to the Commission the following Consent Items. Authorize Humane Society of Gallatin County to formulate a plan for possible expansion of existing facility on City property Authorize payment of attorney's fees and associated costs in Vallev Bail Bonds versus City Judae Carlson in the amount of $22,176.93 . Award bid for City's Repurchase Aareement and other banking services for the period Aoril 1. 2000 through March 31. 2002 - American Bank of Bozeman Exemption from subdivision review - creation of "Tract M" in the NEY4 Section 18. T2S. R6E. MPM. to facilitate mortgaae for construction of new assisted care facilitv (Hillcrest) Claims It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the Commission approve the Consent Items as listed and authorize and direct the appropriate persons to complete the necessary actions. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost, and Mayor Youngman; those voting No, none. Break - 4:35 to 4:40 o.m. Mayor Youngman declared a break from 4:35 pm to 4:40 pm in accordance with Commission policy. . Executive session re litiaation strategy Mayor Youngman announced her intent to close the meeting and enter into executive session, under Section 2-3-203(4), M.C.A., for the purpose of discussing litigation, noting that if the issue were discussed in open meeting, it would have a detrimental effect on the litigating position of the City. At 4:40 p.m. Mayor Youngman called an executive session for the purpose of 03-06-2000 ---.-.------.--.. - 10 - discussing litigation and asked all persons except the City Manager, City Attorney Luwe, Director of Public Service Arkell and Clerk of the Commission Sullivan to leave the room. At 5: 12 p.m. Mayor Youngman closed the executive session and reconvened the open meeting. Recess - 5: 12 p.m. . Mayor Youngman declared a recess at 5: 12 p.m., to reconvene at 7:00 p.m., for the purpose of conducting the scheduled public hearings. Reconvene - 7:00 c.m. Mayor Pro Tempore Frost reconvened the meeting at 7:00 p.m. for the purpose of conducting the scheduled public hearings, since Mayor Youngman was convening the first meeting of a sub-committee of the Recreation and Parks Advisory Board. Public hearina - Commission Resolution No. 3348 - intent to vacate east/west allev in Block 19. Caoitol Hill Addition. Iving between the north/south allev and South 6th Avenue This was the time and place set for the public hearing on Commission Resolution No. 3348, entitled: COMMISSION RESOLUTION NO. 3348 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, . MONTANA, DECLARING IT TO BE THE INTENTION OF SAID COMMISSION TO VACATE AND ABANDON THE EAST/WEST ALLEY IN BLOCK 19, CAPITOL HILL ADDITION, LYING BETWEEN THE NORTH/SOUTH ALLEY AND SOUTH 6TH AVENUE, IN THE CITY OF BOZEMAN, MONTANA. Mayor Pro Tempore Frost opened the public hearing. Engineering Assistant Kerr briefly highlighted the memo, dated December 29, 1999, included in the Commissioners' packets. He stated it is hard to tell there is an alley there; the western half is used as a shared access for properties on South 6th Avenue, and the eastern half has been taken over as a play area for the learning Circle Montessori School. The utility companies have no objections to this vacation as long as they can retain an easement to allow them to maintain their equipment. There are three adjoining property owners; Joe Sorenson, the applicant; Nancy Characklis, who supports this application; and Richard and Melody Zadjel, who have not commented. Mr. Kerr indicated there are three alternatives: leave as is, which is not desirable because the right~of-way isn't protected; administratively close the alley, but maintain the right-of-way; vacate, while reserving the entire right-of-way as an easement. By state law, utilities must have easements for access and Staff is recommending the entire 14 feet be used for this purpose. Since two property owners currently utilize this alley as a joint access, it . should be made an easement to eliminate future problems. If this alley is vacated, the property lines will go to the center of the alley and each property owner will get half. The Learning Circle Montessori School would then probably have to move some of their playground equipment. No public comments were received. Since there were no objections, Mayor Pro Tempore Frost closed the public hearing. It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the Commission approve the requested vacation of the east/west alley in Block 19, Capitol Hill 03-06-2000 ........--..--. - ..-------------- - 11 - Addition, lying between the north/south alley and South 6th Avenue and direct staff to bring back an ordinance granting the alley vacation as recommended in the staff report. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner Brown, Commissioner Smiley, and Mayor Pro Tempore Frost; those voting No, none. Continued Dublie hearing - Zone MaD Amendment from "B-2" to "B-3" - Tracts 2 and 3. cas No. 2066. and lots 1-14. Block D. Rouse's First Addition. and Tract B. COS No. C-23-A9 - . Delanev and ComDanv (MarketDlace. 611-711 East Main Street) (Z-99159) This was the time and place set for the continued public hearing on the Zone Map Amendment from "B-2", Community Business, to "B-3", Central Business, on Tracts 2 and 3, Certificate of Survey No. 2066, Lots 1 through 14, Block 0, Rouse's First Addition, and Tract B, Certificate of Survey No. C-23-A9, as requested by Delaney and Company under Application No. Z-99159. The subject property is more commonly known as 611 to 711 East Main Street and houses the Marketplace project. Mayor Pro Tempore Frost reopened the continued public hearing. Historic Preservation Planner Derek Strahn presented the staff report. He reviewed the zone map amendment and the text amendment to reduce the parking required. The zone code amendment was approved in August, contingent on approval of the zone map amendment is required if the zone code amendment is to take effect. Mayor Youngman arrived at 7: 13 pm. Staff has reviewed this application in light of the criteria set forth in the zone code and is in support of it, although an accurate map is required from the applicant. Mr. Delaney wants to expand the downtown business district to compete with other development areas, such as . the North 19th commercial area. B-3 zoning will allow for more intensive development, with no minimum or maximum lot area, and a taller structure, to a maximum of 55 feet, thus making it possible to build more in the same space. Historic Preservation Planner Strahn noted no public comment has been received except from the Parking Commission speaking in opposition to the zone code amendment. This is a small enough area that it will provide a good test for future parking requirements. By relaxing the parking requirement, it is hoped it will create an incentive for further development of the core area downtown. This change could call into question the pay-in-lieu of parking program in the downtown area, which is currently assessed at $5,000 per space. By reducing the overall parking requirement, what could conceivably happen would be a surplus of parking could be generated in the core area, where businesses have already paid in lieu of parking. What effect that will have and how the City addresses that situation remain to be determined. One solution would be to say that was the requirement at that time, but now any new development could apply for reduced parking. Commissioner Kirchhoff noted this issue needs to be addressed by the Parking Commission because the City is looking at the removal of two homes to address the parking shortage. Has there been any kind of analysis done regarding the physical space necessary? Historic Preservation Planner Strahn responded cash in lieu payments have been made for over 100 spaces, so the argument has been that there is, in effect, that many short. Commissioner . Kirchhoff asked if that need has been established by an actual count, to which Mr. Strahn replied not any that he is aware of. He suggested the Parking Commission should speak to that. Commissioner Frost asked if the Commission wanted to initiate this new parking ratio and somehow lock in place those that have already paid cash in lieu of parking, does it need to be simultaneous or can one be done now, then the other. City Attorney Luwe said he doesn't have an answer yet; staff is looking into ways to handle that situation. Commissioner Kirchhoff pointed out that issue could have an impact on how the Commission votes, since the zone map amendment must be approved before the zone code amendment can be brought forward. City Attorney Luwe answered by saying the zone code 03-06-2000 . .------. .... _____.___..________.__n_ - 12 - amendment hasn't been officially passed, so the Commission could still retain the parking requirement of one space for every 250 square feet. Commissioner Smiley added the Parking Commission has come and talked to the Commission before, stating their opposition to changing the parking requirements downtown. This could be the last chance to extend the core and expand the density of the downtown area, and the Bozeman Downtown Improvement District Board is finally seeing this as a good idea. We should take advantage of this chance to revise the parking requirements so the . downtown can expand. Applicant Michael Delaney stated the old Little Montana Transportation building has been an eyesore for years, and its renovation will be a real shot in the arm for the downtown. He pointed out that more and more tourists enter the City from the east end of town; and this is the first major piece of property they see when coming down the hill, which creates a poor impression. He reminded the Commissioners this application will not affect the entire core of the downtown area, just the special strip of Main Street that 99 percent of the people consider downtown; that area fronting Main Street and a half block strip north and south of Main. Mr. Delaney feels that right now there isn't enough activity in the downtown; it needs to be dressed up, new tenants moved in, and current tenants need to increase their services. It is increasingly difficult to rent or lease available spaces in the downtown, while the Gallatin Valley Mall and North 19th Avenue developments are having no problem whatsoever. There needs to be some incentive to entice people to locate downtown, whether it's reducing the required parking, a moratorium on impact fees, or smaller setbacks. Jon Gerster, 719 North Wallace Avenue, spoke in support of this application. He noted the greatest parking challenge downtown is for the staff of downtown businesses; customers of those businesses usually don't have a problem. The Parking Commission did a good job of creating a bountiful parking situation in the downtown during the 70s and 80s, and this is a chance to revisit the idea of what the Parking Commission needs to do in the future to enhance . parking downtown. He agreed the initial impression of downtown is extremely poor right now, and these improvements will enhance the entry corridor. When businesses disappear and the buildings sit empty for months and months, that should be a red flag indicating there is a problem. Mr. Gerster believes changing the parking requirements for the core of Main Street could be an incentive to encourage success in the future. Commissioner Frost noted he wants to change the parking requirement to what's been suggested, but he wants to make sure those who have already paid into cash-in-lieu are locked in at this point. If the Commission needs to change the requirement again, they can. City Attorney Luwe replied the zone map amendment will have to apply to whatever parking ordinance is in effect. The ordinance has been preliminarily approved, but it still has to apply to whatever parking requirements the Commission decides on. This issue raises a lot of questions that could affect Commission decisions in the future, and legal staff will try to have those answers as quickly as possible. Mr. Delaney stated he would suggest to both City staff and the Commission that his whole goal is not to just enhance this property but the entire core of the downtown and enhance the viability of relocating, building, or expanding in the downtown. He's trying to convince the public that the core area of the downtown is worth enhancing and encouraging foot traffic. . No one was present to speak in opposition to the zone map amendment. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. Commissioner Frost indicated he is excited about this project and will support this zone map amendment. It was moved by Commissioner Brown, seconded by Commissioner Frost, that the Commission approve the Zone Map Amendment from "B-2", Community Business, to "B-3", Central Business, on Tracts 2 and 3, Certificate of Survey No. 2066, Lots 1 through 14/ Block D, Rouse's First Addition, and Tract B, Certificate of Survey No. C-23-A9, as requested by 03-06-2000 - -------------------- --.--- .- -.-....-- ._ '__'no .__ ._..._. - --- - - - - - - ----- - 13 - Delaney and Company under Application No. 2-99159 and, upon the applicant providing an accurate legal description, direct staff to bring back an ordinance enacting the amendment. 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 - Conditional Use Permit - Bavliss Architects for 5canish Peaks Brewina . Company - allow restaurant to serve alcoholic beveraaes in northern cortion of American Bank East building, beina constructed on Lots 15 and 16, Block E, Rouse's First Addition (14 North Church Avenue) (Z-0002) This was the time and place set for the public hearing on a Conditional Use Permit requested by Bayliss Architects for Spanish Peaks Brewery under Application No. 2-0002, to allow a restaurant in the northern portion of the American Bank East building, being constructed on Lots 15 and 16, Block E, Rouse's First Addition, to serve alcoholic beverages. The subject site is located at 14 North Church Avenue. Mayor Youngman opened the public hearing. Assistant Planner Therese Berger presented the staff report. She stated staff has reviewed this application in light of the criteria set forth in the zone code, and staffs comprehensive findings are contained in the written staff report. She briefly reviewed the history of this project, then noted conditions one through four are unique to this application. Conditions five and six are standard for all liquor licenses, and conditions seven through ten are standard for all applications of this type. Commissioner Frost asked if there are going to be external lights in the parking lot and also questioned the advisability of allowing the Scotch Pine trees to remain, noting they are . a horrible tree to have next to sidewalks and streets because the eastern sun won't hit the pavement to melt the snow and ice. He feels the pines need to be replaced with deciduous trees for safety as well as appearance. Bill Mitchell, 122 South Church Avenue, and owner of a rental property across the street, stated there are actually four moderate income rental units in the area; and he's concerned because those units have the bedrooms facing the street. He would prefer to have the minimal amount of lighting required, that will still allow for adequate public safety, to lessen the impact on the tenants. He also asked if there were any way the north entryway on East Mendenhall Street could be designated as an entrance only at night, since there are three other exits, to prevent headlights from shining into the apartments. Bayliss Ward, Bayliss Architects, representing Spanish Peaks, commended the staff for an excellent job. He responded to questions raised regarding the lighting, noting the six proposed lighting fixtures should meet the zoning requirements; and since the first light will be placed 45 to 50 feet off Mendenhall, he doesn't envision a problem with them keeping the tenants awake. He would have a problem making the Mendenhall drive an entrance only because it would reduce the Church Street drive to being the only ingress and egress point, and it would also reduce the free traffic flow. The bank's drive-thru is designed so cars will have a straight shot out onto Mendenhall. The trees are a gray area; the site plan was previously approved. Assistant Planner Berger added the City's Park Department Foreman . indicated these trees would not be a problem now but will be in 15 to 20 years. Commissioner Frost stated he wants assurance the lighting meets code, making sure the lighting is forced downward and not into the neighbors' homes. Assistant Planner Berger showed where the approved light fixtures will be located, according to the final site plan. Since there were no Commissioner objections, Mayor Youngman closed the public hearing. It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the 03-06-2000 - 14 - Commission approve the Conditional Use Permit to allow a restaurant located in the northern portion of the American Bank East building to serve alcoholic beverages, subject to the following conditions: 1 . The applicant must submit seven copies of a final site plan within six months of a preliminary approval. The final site plan must: 1) clearly depict the curb required between the sidewalk and diagonal parking spaces along the western property boundary, as well as other red lined . changes on the previously approved final site plan (File #Z-9843); 2) reflect changes recently approved by the Planning Director as a Modification to an Approved Plan which included the change in building footprint, additional parking, and the relocation of the garbage enclosure area; and 3) eliminate the two parking spaces depicted north of the central landscaped island on recent versions of the site plan. The new final site plan must be approved prior to occupancy. If occupancy of the building is to occur prior to completion of all required improvements, the Improvements Agreement must be financially guaranteed. 2. Prior to occupancy, the applicant must provide the Planning Department a copy of the shared parking agreement included in the condominium regime referred to in Stephen Barrett's 12/29/99 letter. 3. All utility substations, wells, storage facilities, or other utilities shall be screened from view by a wall, fence, hedge, or landscape screen per Section 18.50.070.E.1. Details of any rooftop mechanical equipment must be provided with the new final site plan. The final site plan shall also show a detail of the lighting fixtures installed. Lighting standards used to illuminate parking areas shall not exceed 20 feet in height. Lighting must deflect light down and away from adjoining properties and must not . detract from driver visibility on adjacent roads per Sections 18.50.035.A.1 and 18.50.120.B.9. 4. The two Scotch Pines planted along the western property boundary shall be replaced by deciduous trees prior to occupancy. In addition, the owner/applicant shall reimburse the City of Bozeman for the boulevard tree which was removed from the southeast corner of the site per Chapter 12.30, "Trees & Other Vegetation", of the Bozeman Municipal Code to the satisfaction of the Superintendent of Facilities and Public Lands prior to final site plan approval. 5. The applicant shall obtain a City of Bozeman Liquor License for the facility at 14 North Church Avenue and provide the Planning Office with a copy of the license prior to the sale of alcoholic beverages at the restaurant. 6. A copy of the State Revenue Department Liquor License to serve alcoholic beverages at the restaurant at 14 North Church Avenue shall be submitted to the Planning Office prior to the sale of alcoholic beverages at the restaurant. 7. 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. 8. All of the special conditions shall constitute restrictions running with the land, shall be binding upon the owner of the land, his successors or assigns, and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner prior to the issuance of any building permits, final site plan approval, or commencement of the use. 9. All of the conditions specifically stated under any conditional use listed in 03-06-2000 --- _. ._n________ - 15 - this title shall apply and be adhered to by the owner of the land, successor or assigns. 10. All of the special conditions attached to this Conditional Use Permit shall be consented to in writing by the applicant prior to commencement of the use. The motion carried by the following Aye and No vote: those voting Aye being Commissioner . Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, and Mayor Youngman; those voting No, none. Public hearina - Maior Site Plan for Yellowstone Center - Dennis Derham, line Camp, Inc. . allow construction of a four-structure office complex on Lot 5, Block 3, Advanced Technologv Park Subdivision, Phase '" (1101-1133 Research Drive) (Z-99162) This was the time and place set for the public hearing on a Major Site Plan for Yellowstone Center, as requested by Dennis Derham, Line Camp Inc., under Application No. Z-99162, to allow construction of a four-structure office complex on Lot 5, Block 3, Advanced Technology Park Subdivision, Phase III. The subject property is located at 1101 to 1133 Research Drive. Mayor Youngman opened the public hearing. Senior Planner Skelton presented the staff report. The applicant proposes to build four structures on the subject property ranging from 4,200 square feet to 7,200 square feet. He noted this is the third generation of plans and build-out is estimated to be within the next two to five years. There is infrastructure present; the only main extension would be for fire protection if they choose not to install sprinklers. Both the Development Review Committee . and City staff have reviewed this application against the criteria and, based on that review, recommend approval with four specific conditions, which are only clearinghouse items, and 21 boilerplate conditions. No public testimony has been received. Commissioner Frost asked about proposed lighting. Joe Sinrud, of Larry Pearson Architects, responded the lighting will be fairly basic and all fixtures are contemporary, acrylic, and will be up-lighting only, more of a glow. That is the lighting theme for the whole project, with lighting at the entrances and general parking lot lighting for safety purposes. The exterior lighting is self-enclosed, and there will be some basic landscaping lighting. Dennis Derhum, applicant representing Yellowstone Center LLC, stated Senior Planner Skelton has been very helpful. This is a campus-style development; they are trying to cluster the buildings to one side, with cluster parking in another area; and they are promoting bike travel to this development when weather permits. No one was present to speak in opposition to the 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 . Commission approve the Major Site Plan for Yellowstone Center LLC, as requested by Dennis Derham, Line Camp Inc., under Application No. Z-99162, to allow construction of a four- structure office complex on Lot 5, Block 3, Advanced Technology Park Subdivision, Phase III subject to the following conditions: 1 . Plans and specifications for the water and sewer main extensions prepared and signed by a Professional Engineer (PE) shall be provided to and approved by the City Engineer. Water and sewer plans shall also be approved by the Montana Department of Environmental Quality (DEQ). The applicant shall also provide professional engineering services for 03-06-2000 - 16 - construction inspection, post-construction certification, and preparation of mylar record drawings. Specific comments regarding the existing and proposed infrastructure shall be provided at that time. 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. . 2. Plans and Specifications for any fire service line must be prepared in accordance with the City's Fire Service Line Policy by a professional engineer (PE), and be provided to and approved by the City Engineer prior to initiation of construction of the fire service or fire protection system. The applicant shall also provide professional engineering services for construction inspection, post-construction certification, and preparation of mylar record drawings. 3. A Stormwater Grading, Drainage and Treatment Plan and Maintenance Plan for a system designed to remove solids, silt, oils, grease and other pollutants from the run-off from the private and/or public streets and private property must be provided to and approved by the City Engineer. The plan must demonstrate adequate site drainage (including sufficient flow directional arrows and spot elevations along drainage courses), stormwater detention/retention basin details (including basin sizing and discharge calculation and discharge structure details), stormwater discharge destination and a stormwater maintenance plan. If the grading design discloses any adverse impact to off-site properties, necessary design alterations and/or drainage conveyance devices and easements must be provided. . The stormwater drainage/treatment plan shall include a Maintenance Plan which must be provided to and approved by the City Engineer. The plan shall include the following: description of maintenance operations, frequency of inspections and maintenance, responsible parties and record keeping methodology. 4. A City Sidewalk and/or Driveway and Curb Cut Permit shall be obtained prior to final site plan approval. 5. Any easements for the public 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 10 feet from the edge of easement. 6. That the applicant revise the site plan for each phase of the development to clearly depict and correct the related infrastructure issues outlined in the memorandum prepared by the Superintendent of Water/Sewer, dated January 21, 2000, for review and approval by the City Engineer's Office and Superintendent of Water/Sewer prior to final site plan approval. 7. All fire hydrants within 500 feet of said property shall be shown on the . final site plan. 8. An accurate, dimensioned detail of domestic water meter location inside each building must be shown on final site plan and approved by the Superintendent of the Water Department. 9. Plans and specifications for water and sewer main extensions must be submitted and approved prior to any construction. 10. That the applicant obtain written approval from the Design Review Board 03-06- 2000 - 17 - of the Advanced Technology Park stating that the proposed complex is compatible with the development guidelines of the planned unit development for the Advanced Technology Park. 11 . That all boulevard trees along the street frontages be spaced at a regular minimum spacing of one (1) tree every fifty (50) feet of lineal frontage. 12. That all retention/detention ponds located in required yard setbacks be . limited to maximum slope of 1:4 and not more than 1 Y2 feet in depth. 13. That all interior landscape island provide a minimum width of not less that eight (8) feet and that said revisions be noted accordingly on the site plan, for review and approval prior to final site plan approval. 14. That the applicant provide on the site plan and exterior elevations the location of all roof-top and ground-mounted mechanical and utility equipment, as well as a typical detail illustrating the materials, color, and method of screening used to screen the equipment from adjacent properties and public streets, for review and approval by the Planning Office prior to final site plan approval. 15. That the applicant prepare an common signage plan for said property that complies with the Bozeman sign ordinance, and that the site plan depict that the proposed monument sign is a minimum of five (5) from the property line, for review and approval by the Planning Office prior to final site plan approval. 16. That the applicant install a sidewalk parallel to the southmost egress/ingress driveway connecting pedestrian circulation with the public sidewalk along Research Drive, and that the site plan be revised . accordingly, for review prior to final site plan approval. 17. That the applicant obtain approval of a Conditional Use Permit prior to consideration of any proposal for future installation of a Large Scale Broadcast Facility as defined in Section 18.57 of the zoning ordinance. 18. That seven (7) copies of the final site plan containing all of the conditions, corrections and modifications approved by the Commission shall be submitted for review and approval by the Planning Director within six months of the date of Commission approval. A copy of the approved final site plan shall be forwarded to the Building, Street/Sanitation, Water/Sewer, Engineering, and Fire Departments by the Planning Office; and one copy shall be retained in the Planning Office file. 19. That the applicants shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements at the time of final site plan submittal. Detailed cost estimates, construction plans and methods of security shall be made a part of that Agreement. 20. That a Building Permit must be obtained prior to the work, and must be . obtained within one year of final site plan approval. Building Permits will not be issued until the final site plan is approved. Minor site surface preparation and normal maintenance shall be allowed prior to submittal and approval of the final site plan, including excavation and footing preparation, but NO CONCRETE MAYBE POURED UNTIL A BUILDING PERMIT IS OBTAINED. 21. If occupancy of any structure is to occur prior to the installation of all required on-site improvements, the Improvements Agreement must be secured by a method of security equal to one and one-half times the 03-06-2000 -- -- ------ ...mo_ - 18 - amount of the estimated cost of the scheduled improvements not yet installed. Said method of security shall be valid for a period of not less than twelve (12) months; however, all on-site improvements shall be completed by the applicant within nine (9) months of occupancy to avoid default on the method of security; and 22. That the applicant upon submitting the final site plan for approval by the Planning Director and prior to issuance of a building permit, also submit . a written narrative outlining how each of the above conditions of approval have been satisfied. That the final site plan for each phase/subdivision lot be revised to more clearly depict the principal and accessory structures, curbing, sidewalk, adjacent streets, driveway, landscape, and property lines as the principal features of the site plan, and that the infrastructure and easements be delineated on the site plan as secondary to the general site plan information, for review and approval by the Planning Office prior to final site plan approval. 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 - 8:20 to 8:27 om Mayor Youngman declared a break from 8:20 pm to 8:27 pm in accordance with Commission policy. Executive session re oersonnel . At 8:27 p.m., Mayor Youngman announced that, pursuant to Section 2-3-203(3), Montana Code Annotated, the Montana Constitution and the Montana Supreme Court rulings, she, as presiding officer, has determined that the right to privacy clearly exceeds the merits of public disclosure. She then called an executive session for the purpose of discussing personnel issues and requested that all persons except the Commissioners, the City Manager, the City Attorney, and the Clerk of the Commission leave the room. At 9:35 p.m., Mayor Youngman closed the executive session and reconvened the open meeting. Adiournment - 9:35 o.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the meeting be adjourned. 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. . 03-06-2000 --- ------ .. ....,:..,'?,;";;,,.,.~,,"'.'.. - 19 - ~(j MARCIA B. YOU~aYOr ATTEST: . ~/~~ ROBIN L. SULLIVAN Clerk of the Commission PREPARED BY: ct<~~.~ KAREN L. MURPHY Deputy Clerk of the Commission . . 03-06-2000