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HomeMy WebLinkAbout1998-12-07 Minutes, City Commission .- . ~jIiIR.-~'--O'_ ~ .-. MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONTANA December 7, 1998 ***************************** . The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, on Monday, December 7, 1998, at 3:00 p.m. Present were Mayor Stiff, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, City Manager Johnson, Assistant City Manager Brey, City Attorney luwe and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. City Manager Johnson requested that the final plat for Hiland Minor Subdivision be removed from the Consent Items for discussion. Minutes - June 1. June 15. June 29. SeDtember 8. November 16. November 23 and November 30. 1998 . Mayor Stiff delayed action on the minutes of the meetings of June 1, June 15, June 29, September 8, November 16, November 23 and November 30, 1998, to a later date. Presentations re Fiscal Year 1999-2000 budgeting Drocess from City Manager Johnson. Assistant City Manaaer Brey and Administrative Services Director Gamradt Included in the Commissioners' packets was a memo from Administrative Services Director Miral Gamradt, entitled FY2000 Budget Process - Trends & Projections. City Manager Johnson noted that several staff members are present for this overview. He then gave an update from the meeting held on Friday in Missoula, noting that the six larger cities in Montana were represented. He stated that the issues and implications of CI-75 were discussed at length. Assistant City Manager Ron Brey noted the meeting revealed all Cities are facing the same . issues and same uncertainties, although specific issues may differ slightly. He noted that efforts to resolve the issues range from seeking legislative changes to developing better methods of communicating with the public to fairly amicable litigation on specific items. He noted it appears that voluntary issues, such as annexations and subdivision, can still be pursued under CI-75. He then stressed the importance of proceeding with caution since all of 12-07-98 - --..-..-.- --~-~ - 2 - the effects of CI-75 have not yet been identified; however, he stressed the importance of continuing with business. City Attorney Luwe stated that those at the meeting did reach consensus on the fact that each City must act in the best interests of its citizens. . City Manager Johnson stated that the transition into operating under CI-75 is the hardest part, particularly since some processes were begun before the initiative was approved. He then distributed to the Commission a list of fees identified by the Finance Department and the Recreation Department, noting that one of the questions is whether small fees for existing programs can be raised and whether small fees for new programs can be implement without going to a vote. The City Manager asked that the Commissioners provide direction at the beginning of the budgeting process this year, noting that this presentation is designed to develop the sideboards for the remainder of the process. He noted that, based on comments following last year's budgeting process, it is evident the Commissioners wish to be involved in the process and asked that they give policy direction during the presentations. He cited, as an example, the . question of whether or not the Commission wishes to commit to full funding of the police officers who have been partially funded through the COPS grant program. Administrative Services Director Miral Gamradt reviewed the packet of information which was included in the Commissioners' packets, noting that it includes graphs which depict the General Fund, Water Fund, Wastewater Fund and Solid Waste Fund revenues from 1989 through 2000, the General Fund balance, and the Water Fund, Wastewater Fund and Solid Waste Fund working capital balances for Fiscal Years 1989 through 1999. He noted that these are the main funds, but encouraged the Commissioners to recognize there are over 100 funds in the City's financial structure. He stated that these graphs provide a general idea of the health and volatility of each of the major funds. The Administrative Services Director noted that the General Fund is the fund in which . several departments compete for the same dollars and encouraged the Commissioners to recognize the importance of policy decisions in this area. He noted that staff will then follow that policy direction when preparing the budget for the upcoming fiscal year. The Administrative Services Director noted that the General Fund revenues are reflective of the growth in Bozeman. He cautioned that it is anticipated that growth with slow 12-07-98 - 3 - significantly and, when that factor is combined with CI-75, revenue increases will be much lower than in the past few years. Responding to City Manager Johnson, the Administrative Services Director stated that the Department of Revenue has indicated that it is unable to identify which portions of the revenue . increases represent annexations and which represent new construction. Commissioner Frost noted that, under this scenario, the city could keep growing, and the revenues could either remain the same or drop. The Administrative Services Director stated that an adequate balance is needed in the General Fund to cover the cash flow for the period July through December because the first half property tax revenues are not received until December. He then stressed that trends are more important than the actual balances when reviewing the condition of each of the funds, noting that there are times when the balance is consciously decreased through one-time expenditures authorized by the Commission. City Manager Johnson requested Commission direction of balance levels and their philosophy on reserves. He then stressed that this is an important issue, in light of the . overarching goal to "commit to a strong financial position". He reminded the Commission that if any issues are to be submitted to the electorate under CI-75, it is important that decisions be made by March so they can be forwarded in the primary election. Commissioner Frost stated his interest in being as conservative as possible, particularly in light of CI-75. Commissioner Rudberg stated she feels the City is pretty safe if reserves are maintained at the recommended level. She forwarded her position that it is acceptable to have monies to cover emergencies, but she does not to see the City keep monies in savings. She then indicated her support for going to the public with a menu of items on which to vote, stating it is easier to run government based on community-set priorities. Commissioner Smiley noted the community is very dependent on gas and electricity and . asked if any steps have been taken to address the situation of those services are cut of on January 1, 2000. The City Manager responded that disaster and emergency services is responsible for that type of issue. He then indicated that, for the City, some facilities have generators while others do not. 12-07-98 - 4 - Responding to Mayor Stiff, Administrative Services Director Gamradt stated that the designated reserve for payroll benefits and accumulated liabilities has been eliminated, and all reserve monies are now in one undesignated reserve. He indicated that this reserve includes the monies for acquisition of capital items, to cover the cash flow for July through November . of each year, and to cover emergencies and revenue shortfalls. Mayor Stiff stated it is also important to identify the level of commitment the Commission has for funding of the capital improvement program. He also forwarded his interest in ensuring at least a cost of living increase for all employees each year. He proposed that those two items be held rather sacred as Commission policy, as well as identifying the level of reserves to be retained. Commissioner Rudberg stated her support for both a cost of living increase and funding of the capital improvement program; Commissioner Smiley stated her concurrence. Commissioner Youngman stated that she, too, supports both the funding of the capital improvement program and the cost of living increase for employees; however, she stated that support does not come at the expense of cutting employees to fund those items. . City Manager Johnson stated he interprets the Commission's position as good sideboards for discussion. He characterized the messages regarding the capital improvement program and the inflationary cost of living increases for employees as important. Responding to questions from Commissioner Frost, City Manager Johnson stated there is a question about whether the maintenance district assessments expire annually, noting that if they do, the entire assessment and not just the increase is subject to a vote. He then stressed that outcomes and accountability in budgeting will become more and more important as the City operates under CI-75. Mayor Stiff stated he feels it is important to approach the budget process with a degree of conservative optimism, making sure that not too much is set aside in reserves. Commissioner Smiley suggested that steps be taken to ensure that the public is informed . about the City's efforts. Administrative Services Director Gamradt noted that the revenues in the Water are quite volatile, since they are based on the amount of water consumed and, as a result, a higher level of reserves is needed. He stated that the Wastewater Fund revenues are much more predictable, varying only slightly from year to year. He then indicated that the budget for this 12-07-98 ._._ ___ ___._____n___________.____.. -----------.- - ----.-- .----- - 5 - year was developed based on anticipated increases in the water and sewer rates; however, those were not implemented prior to the adoption of CI-75, and are now subject to a vote of the people. He noted that, given the deficit position of the Wastewater Fund and the continued drain on it, this fund could remain in a poor position if the increase is not approved. . Administrative Services Director Gamradt then stated that the revenues in the Solid Waste Fund can also be volatile, particularly since the two private haulers may choose to use either the City's landfill or the Logan landfill or some other landfill. He noted that the balance in this fund has declined over the past few years, since the City paid cash for the $2 million liner in the new cell and has dedicated $1 million toward closure and post-closure costs of the landfill. The Administrative Services Director briefly reviewed the last page of the packet, which lists several discussion points. He stated that under CI-75, property taxes associated with new construction are allowed, however, a question remains about whether property taxes may be assessed on new annexations. He then noted that no valuation increases are allowed. He noted that, as a result, staff is anticipating revenue increases will slow in comparison to the last ten years. He stated that, at the same time, the COPS grant monies are rapidly coming . to an end for six police officers, and approximately 3-percent are included in the negotiated labor contracts. Responding to Commissioner Rudberg, Chief of Police Mark Tymrak stated that he is carefully monitoring possible options for a COPS grant extension or replacement grant or alternative funding sources. Responding to Commissioner Rudberg, City Manager Johnson stated that in Great Falls, the City Manager sets aside monies in his budget to use as matching monies for grant opportunities that arise during the year. He then indicated that the City keeps designs for projects on the shelf, so it can take advantage of MOoT funding. Commissioner Rudberg indicating her support for setting aside monies for possible grant matches throughout the fiscal year, suggesting that the increase in gambling revenues could . be used to fund it. City Manager Clark Johnson stated that the general presentation is complete and indicated that review of individual budget units will now begin. City Manager. The City Manager distributed an overview of his proposed budget for Fiscal Year 1999-2000, noting that it includes 4.2 FTEs. He noted that last year's budget includes 12-07-98 --- ----- ---.-- ---. ----.-- _._ ..__._._____ . - .__..__.___n ___ _ --.-.---"..- - 6 - monies for a classification study and for labor negotiations to be conducted by a consultant, for a total of $43,000 which can be deleted from the operations portion of the budget for next year. He then expressed his intent to continue the educational seminars and leadership training for senior staff members. He noted that the capital budget for this year includes a staff . vehicle. which will be purchased prior to the end of the fiscal year. He noted that the budget for next year includes monies for technology, to ensure that the City remains technologically competent. The City Manager stated that a review of the effectiveness measures in this year's budget has revealed that he will not meet a couple of the standards he had set for himself. He noted, however, that he feels measuring effectiveness is an important component of budgeting under CI-75, particularly since it can be used as a tool for providing information to the public. The City Manager then asked the Commissioners to identify what they would like to see accomplished next year that has budgetary implications and to provide policy direction, so staff can prepare a budget that is acceptable to the Commission. City Manager Johnson noted that, beginning next Monday, the remainder of the staff will . present information on their individual budget units. In response to Mayor Stiff, he indicated that a listing of the budgets to be presented at each of the next three Commission meetings will be included in next week's packet. Break - 4:48 to 4:55 p.m. Mayor Stiff declared a break from 4:48 p.m. to 4:55 p.m., in accordance with Commission policy. Executive session re cersonnel - evaluation of City Manager City Manager Johnson stated he does not wish to waive his right to privacy, but requested that the Commission conduct his evaluation in executive session. . At 4:55 p.m., Mayor Stiff announced that, pursuant to Section 2-3-203(3), Montana Code Annotated, the Montana Constitution and the Montana Supreme Court rulings, he, as presiding officer, has determined that the right to privacy clearly exceeds the merits of public disclosure. He then called an executive session for the purpose of evaluating the City Manager and requested that all persons except the Commissioners, City Manager and Clerk leave the room. 12-07-98 -------.- ...__..___n_...__.___. _._. on . -.--. --------------- - 7 - At 5:50 p.m., Mayor Stiff closed the executive session and reconvened the open meeting. Recess - 5:50 p.m. Mayor Stiff declared a recess at 5:50 p.m., to reconvene at 7:00 p.m., for the purpose . of conducting the scheduled public hearings and completing the routine business items. Reconvene - 7:00 D.m. Mayor Stiff reconvened the meeting at 7:00 p.m., for the purpose of conducting the scheduled public hearings and completing the routine business items. Discussion - Commissioner Droiects None of the Commissioners forwarded any comments under this agenda item. Discussion - FYI Items City Manager Johnson presented to the Commission the following "For Your Information" . items. (1 ) Packet of letters between the City and the School District regarding the change in parking regulations along the north side of West Babcock Street, adjacent to the Willson School. (2) Copy of a letter from Jan Brownell, Victim/Witness Program Assistant, to the Community Corrections Board, dated November 30, encouraging the board to consider its vision statement when looking at various options. (3) Letter from Terry Nugent, Townsend, dated November 29, expressing concern about the possible relocation of Farmers' Market from Bogert Park. (4) Copy of a flyer from the Montana section of the American Water Works Association seeking donations for the victims of Hurricane Mitch in Honduras. . (5) Newsletter from the Headwaters Recycling, announcing that the next meeting will be held on December 9 in Boulder. (6) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on Tuesday, December 8, in the Commission Room. 12-07-98 --- - 8 - (7) Agenda for the Design Review Board meeting to be held at 3:30 p.m. on Tuesday, December 8, in the Commission Room. (8) Agenda for the public forum on the GIS-based fiscal impact analysis model grant project, to be held by the Planning Board at 7:00 p.m. on Tuesday, December 8, in the . Commission Room. (9) Agenda for the County Commission meeting to be held at 1 :30 p.m. on Tuesday, December 8, at the Courthouse. (10) Agenda for the Downtown Bozeman Improvement District Board meeting to be held at 5:30 p.m. on Thursday, December 10. (11) Agenda for the Montana Transportation Commission meeting to be held on December 16 and 17 in Helena. (12) Agenda for the Drug Court Planning Coalition meeting to be held at noon on Thursday, December 17, at the Courthouse. Consent Items . City Manager Johnson presented to the Commission the following Consent Items. Commission Resolution No. 3272 - intent to annex 6.9046 acres described as Lot 1A and Lot 3A. Minor Subdivision No. 162A. and Lot 2. Minor Subdivision No. 162 (along west side of Haaaertv Lane at Ellis Street): set Dublic hearina for January 4. 1999 COMMISSION RESOLUTION NO. 3273 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, APPROVING AL TERATION/MODIFICATION OF CONTRACT WITH WALKER CONSTRUCTION, INC., BOZEMAN, MONTANA. Commission Resolution No. 3273 - authorizina City Manaaer to sian Chanae Order No. 14 with Walker Construction. Ine.. Bozeman. Montana. for remodeling of the Professional Buildina - add $1.335.45 and 0 calendar days COMMISSION RESOLUTION NO. 3272 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, . THE INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF. Authorize Mavor to sign - Findings of Fact and Order - Allison Subdivision. Phase I - further subdivide 112.21 acres to create 5 sinale-familv lots and a remainder on a Dortion of COS No. 252 and a remainder from Minor Subdivision No. 84 (Arnold Street. north of Morning Star School) (P-9845) 12-07-98 - 9 - Acknowledae receiDt of letter of withdrawal of aDDUcation for Allison Subdivision. Phase I. dated December 2. 1998. as submitted bv David Jarrett Authorize City Manaaer to sian - Aareement for ReceiDt of Resort Tax Funds - between the Bia SkY Resort Area Board of Directors and Gallatin County and the City of Bozeman for 9-1-1 services Authorize City Manager to sian - Mutual Access Easement and Agreement - between . City and Bozeman Deaconess Foundation - for access across the Darties- resDective DroDerties from Old Highland Boulevard Authorize City Manaaer to sian - AcceDtance of letter agreement from C&H Engineering and Surveving.lnc.. Bozeman. Montana. to eXDand desian of new downtown Darkina lot to include 112 South Bozeman Avenue. in addition to 1 08 and 11 0 South Bozeman Avenue Authorize Clerk of the Commission to advertise for Dublic hearina on budaet amendments for Fiscal Year 1997-1998 budget. to be held on December 21. 1998 ExemDtion from subdivision review - Grace E. France and Joann L. CaDe - realignment of common boundary between Tract D. COS No. 1240-F and a Dortion of land located in the NE%. Section 2. T2S. R5E. MPM. to create a more desirable lot for sale ADDroval of final Dlat for The Gallatin Center (subdivide 142:f: acres known as Tract C-1A. COS No. 1979. and Tracts C-2. D-1 and 0-2. COS No. 1827. into 27 lots for commercial/industria/business park uses) (P-9834) . Claims It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, 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 Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stiff; those voting No, none. Ordinance No. 1482 - adding ChaDter 1.20 to the Bozeman Municipal Code. Drovidina for the immunization. defense and indemnification of Dublic officials and Dublic emDlovees for liabilitv resulted from alleged violation of CI-75 Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1482, as prepared by the City Attorney, entitled: . ORDINANCE NO. 1482 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING A NEW CHAPTER TO BE NUMBERED CHAPTER 1.20; PROVIDING FOR THE IMMUNIZATION, DEFENSE, AND INDEMNIFICATION OF PUBLIC OFFICIALS AND PUBLIC EMPLOYEES FOR LIABILITY RESULTING FROM AN ALLEGED VIOLATION OF CONSTITUTIONAL INITIATIVE 75. 12-07-98 ,.-.....-....-..--.. ..- -..- ....- .--.--.-.- - 10 - It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that Ordinance No. 1482, providing for the immunization, defense, and indemnification of public officials and pUblic employees for liability resulting from an alleged violation of Constitutional Initiative 75, be finally adopted. The motion carried by the following Aye and No vote: those . voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those voting No, none. Ordinance No. 1483 - amendina the zoning designation from "AS" to "R-O" on 32.444 acres described as Tract 2A-1. COS No. 2029. situated in the NE%. Section 23. T2S. R5E. MPM (along south side of Stucky Road. west of North 19th Avenue) Included in the Commissioners' packets was a copy of Ordinance No. 1483, as approved by the City Attorney, entitled: ORDINANCE NO. 1483 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE BOZEMAN ZONE MAP'S ZONING DISTRICT DESIGNATIONS BY AMENDING THE ZONING DESIGNATION FROM "AS" (AGRICULTURAL SUBURBAN) TO "R-O" (RESIDENTIAL--OFFICE) ON 32.444 ACRES DESCRIBED AS TRACT 2A-1, CERTIFICATE OF SURVEY NO. 2029, SITUATED IN . THE NORTHEAST ONE-QUARTER OF SECTION 23, TOWNSHIP 2 SOUTH, RANGE 5 EAST, MONTANA PRINCIPAL MERIDIAN, GALLATIN COUNTY, MONTANA. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that Ordinance No. 1483, amending the zoning designation from "AS", Agricultural Suburban, to "R-O", Residential--Office, on 32.444 acres located along the south side of Stucky Road, west of South 19th Avenue, 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 Frost, Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none. Renewal of Beer. Wine and Liauor Licenses for Calendar Year 1999 This was the time set for renewal of the Beer, Wine and Liquor Licenses for the Calendar . Year 1999. A total of 65 applications have been received, along with the required fees. Included in the Commissioners' packets was a list of the establishments which have made application and paid the required fee, as follows: 12-07-98 -....- .-.. - - -..-.--- ._u ___. - __n ..- -. .---.----- - 11 - APPLICATIONS FOR BEER, WINE AND LIQUOR LICENSES CALENDAR YEAR 1999 APPLICANT BEER WINE LIQUOR TOTAL Albertson's Food Center #2006 200 South 23rd Avenue $ 200 $ 200 $ $ 400 . ***Althea Co dba Grums 2107 North 7th Avenue 200 200 400 American Drug Stores dba Osco Drug Store #938 1525 West Main Street 200 200 400 Anaconda Molly Brown Corp. 703 West Babcock Street 500 500 Baxter Hotel Corp. dba The Baxter, Rocky Mountain Pasta Co., The Bacchus Pub and The Robin lounge 105 West Main Street 500 500 The Bay Bar & Grille 2825 West Main Street 500 500 . Bozeman Apple, Inc. dba Applebee's 1108 North 7th Avenue 500 500 The Bozeman Bowl 414 East Babcock Street 500 500 Bozeman Casino, Inc. dba Magic Diamond Casino 1 61 5 West Main Street 200 200 400 Bozeman Restaurant & lounge, Inc dba Cantrell's, Bozeman Holiday Inn 5 Baxter lane 500 500 Bozeman #2 Town Pump Partnership 2607 West Main Street 200 200 400 B.P.O. Elk's 463 106 East Babcock Street 500 500 . The Burrito Shop 200 200 400 203 North 7th Avenue Cafe Internationale 207 West Olive Street 200 200 400 The Cannery lounge 43 West Main Street 500 500 12-07-98 ___.._u..._ - 12 - Casa Sanchez Restaurant 719 South 9th Avenue 200 200 400 Casey's Corner 4135 Valley Commons Drive 200 200 400 Cats Paw, Inc. 721 North 7th Avenue 500 500 . Chalet Market of Montana 2825 West Main Street 200 200 400 Colombo's Pizza & Pasta 1003 West College Street 200 200 400 Community Food Co-op 908 West Main Street 200 200 400 Costco Wholesale 2502 Catron Street 200 200 400 The Crystal Bar Inc. 123 East Main Street 500 500 Ferraro's Fine Italian Restaurant 726 North 7th Avenue 500 500 The Filling Station, Inc. 2005 North Rouse Avenue 200 200 400 . Fraternal Order of Eagles Aerie No. 326 316 East Main Street 500 500 Fred's Mesquite Diner 451 East Main Street 200 200 400 * * *Fuddrucker's of Bozeman 2925 West Main Street 500 500 GranTree Conoco 1325 North 7th Avenue 200 200 400 GranTree Lounge 1325 North 7th Avenue 500 500 The Great China Wall 525 Professional Drive 200 200 400 Hard Times, Inc. dba Scoop Bar . 71 2 West Main Street 500 500 Haufbrau, Inc. 22 South 8th Avenue 500 500 JW's Hide-A-Way Lounge, Inc. 1631 West Main Street 500 500 Jackpot Casino 1801 West Main Street 200 200 400 12-07-98 --.. - ...--.- --...--.. -.--- ...-----. -----.- - 13 - Jackpot Casino East 915 East Main Street 200 200 400 Joe's Parkway 903 West College Street 200 200 400 John Bozeman's Bistro 242 East Main Street 200 200 400 . Kagy Korner, Inc. 1809 South Tracy Avenue 200 200 400 Key West, Inc. 101 East Main Street 200 200 400 KO's Club 1332 East Main Street 500 500 Kwik-Way, Inc. dba Kwik Way #32 401 East Peach Street 200 200 400 Lewis & Clark Skyview Family Restaurant 824 West Main Street 200 200 400 Me and Jan's Mini Mart 919 West College Street 200 200 400 Me and Jan's II . 621 West Main Street 200 200 400 Montana Pizza, Inc dba Godfather's Pizza 200 South 23rd Avenue 200 200 Panda Enterprises dba Panda Sports Rentals 621 Bridger Drive 200 200 The Pub at MacKenzie River Pizza 232 Main Inc. 232 East Main Street 200 200 400 Ralph A. Ferraro's Rocking R Bar, Inc 211 East Main Street 500 500 R & N Corporation At the Bozeman 13 North Rouse Avenue 500 500 . Rocky Mountain Oil dba Holiday Station Store 119 North 7th Avenue 200 200 400 ROI Enterprises, Inc. dba Pizza Hut 2300 West Main Street 200 200 400 12-07-98 --.. -- - --- - 14 - S.M.B. Inc, dba The Wine Merchant 23 West Main Street 200 200 Smith's Food & Drug Centers, Inc. 2825 West Main Street 200 200 400 Spanish Peaks Brewing Co. . 120 North 19th Avenue 500 500 Spectator's Sports Bar and Grill 19 Tai Lane 500 500 The Store, Inc. 1210 East Main Street 200 200 400 Strombolis 1216 West Lincoln Street 200 200 400 Town & Country Foods 219 North 19th Avenue 200 200 400 Town Pump East, LLC 803 East Main Street 200 200 Valley View Golf Club 302 East Kagy Boulevard 500 500 Van's County Market . 912 North 7th Avenue 200 200 400 VFW Post No. 903 2005 North Rouse Avenue 500 500 Williams Pump & Pak, Inc. 2020 North 7th Avenue 200 200 400 Wine Gallery 102 South 19th Avenue 200 200 400 Total - 65 Applications $ 8.000 $ 7.600 ~12.000 $27.690 * * * Contingent upon receipt of State License. The City Manager recommended that the Commission approve the applications as submitted. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the . Commission approve the renewal of Beer, Wine and Liquor Licenses for Calendar Year 1998 for the various establishments as listed above. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Stiff; those voting No, none. 12-07-98 ---------..--..-..--. .. -.- - - 15 - Conditional Use Permit - 3 Rivers Wireless - allow the mountina of antennae and associated SUPDort eauiDment on the existina City of Bozeman water tank on an easement site within JoseDhine Park. LeClairs Rearrangement of Graf's First Subdivision. Second Filina (Kenvon Drive) (Z-98136) This was the time and place set for continued review of the Conditional Use Permit requested by 3 Rivers Wireless, under Application No. Z-98136, to allow the mounting of . antennae and associated support equipment on the existing City of Bozeman water tank on an easement site within Josephine Park, LeClairs Rearrangement of Graf's First Subdivision, Second Filing. The subject site is more commonly located at the end of Kenyon Drive. Associate Planner Chris Saunders presented the staff report. He stated that this application allows for the placement of a personal communications tower on the City of Bozeman's water tower located on the hill. He noted that antennae are to be mounted on the face of the tank, and not extend above the tank. He noted that a small building to house the equipment is to be constructed at the base of the water tank, and screening is to be installed to minimize the impacts of the antennae to the greatest extent possible. He indicated that staff has reviewed this application in light of the six criteria contained in the zone code, and the staff's comprehensive findings are contained in the written staff report. . The Associate Planner stated that the City-County Planning Board held its public hearing on this application at its September 15 meeting; however, Commission consideration has been delayed until after the effective date of Ordinance No. 1479, establishing regulations for personal communications towers. He then requested that, in light of the provisions of that ordinance, the word "tower" in Condition Nos. 5 and 7 be changed to "facility". Distributed to the Commission just prior to the meeting were a memo from City Attorney Luwe, dated December 7; a letter from Jennifer Wendt Bordy, attorney representing Ed McCrone, dated December 7; a memo from Associate Planner Chris Saunders, dated December 7, in response to Ms. Bordy's letter; and a letter from 3 Rivers Wireless, dated December 3. The Commissioners took a break from 7: 1 0 p.m. to 7: 15 p.m. to briefly review that . information. Responding to Commissioner Rudberg, Associate Planner Saunders stated that in the letter from 3 Rivers Wireless, the applicant is responding to the provisions of Ordinance No. 1479, identifying which requirements are not applicable and indicating how this application will comply with the requirements which are applicable. 12-07-98 -..-.-.. - --.-..--..---------- - 16 - Mr. Craig Bender, 3 Rivers Wireless in Great Falls, stated that the service to be provided with these antennae cannot be provided from any other site in the city. He showed the Commission maps of the areas which could be covered with antennae installed at this location and antennae located at another site, stating that if they are placed in any other location, . service to a significant portion of the community will be lost. He stressed that installing antennae on the City's water tank will alleviate the possibility of a proliferation of antennae around the community to accomplish the same coverage. Mr. Bender turned the Commissioners' attention to the pictures in the packet of information he had provided, identifying the picture which most closely resembles the installation proposed under this application. Mr. Ed McCrone, 2150 South Story Mill Road, owner of The Mill, Ltd., expressed concern about the difficulties he encountered when trying to get the background information for this application, stating that is the reason his attorney's letter was not submitted until today. He stated that the application for this Conditional Use Permit does not satisfy the requirements for the application, nor does it comply with the provisions of Ordinance No. 1479. He concluded . by stating he would like to have his client back. Ms. Jennifer Bordy took ten minutes to review Associate Planner Saunders' memo, after which she sat down. Mr. McCrone stated he feels the process has been done incorrectly. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission approve the Conditional Use Permit requested by 3 Rivers Wireless, under Application No. 2-98136, to allow the mounting of antennae and associated support equipment on the existing City of Bozeman water tank on an easement site within Josephine Park, LeClairs Rearrangement of Graf's First Subdivision, Second Filing, subject to the following conditions: 1. The right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed on the Conditional Use Permit procedure; . 2. That all of the special conditions shall constitute restrictions running with the land use and shall be binding upon the owner of the land, his successors or assigns; 3. That all conditions specifically stated under any conditional use listed in the zone code shall apply and be adhered to by the owner of the land, successors or assigns; 12-07-98 - 17 - 4. That all of the special conditions required by the City Commission shall be consented to in writing by the applicant. 5. The facility shall be removed within nine (9) months of termination of its active use. The owner will provide the City with a copy of any correspondence to the FCC indicating that the facility will no longer be utilized for broadcasting. If the owner fails to remove the facility, the City shall remove the facility at the owner's expense. . 6. The applicants shall comply with the terms of the zone code, including the terms of the amendments currently being processed under Application No. Z-9889 as they may be approved by the City Commission. Prior to the approval of the final site plan the amendments noted above shall be adopted by ordinance by the City Commission. Prior to the approval of the Conditional Use Permit the moratorium on approval shall have been rescinded by the City Commission or have expired. 7. The applicants shall design and construct the facility to have the least possible visual impact while complying with all applicable laws, codes, and administrative rules. 8. Seven copies of the final site plan containing all of the conditions, corrections, and modifications approved by the City Commission shall be submitted for review and approved by the Planning Director within six months of the date of City Commission approval. The applicant shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements, if any, 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. If occupancy of the structure or commencement of the . conditional use is to occur prior to the installation of all site improvements, the Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not 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. 9. The applicants shall enter into the City's user agreement or other similar agreement concerning use of City facilities, which agreement must be approved by the City Attorney's office and the City Manager. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stiff; those voting No, none. Conditional Use Permit - 3 Rivers Wireless - allow the mounting of antennae and associated SUDDort eauiDment on the existina Riverside Water District water tower located in the SWy.... . SE~. Section 23. T1 S. R5E. MPM (west side of SorinQhill Road north of Gallatin Drivel (Z-98135) This was the time and place set for continued review of the Conditional Use Permit requested by 3 Rivers Wireless, under Application No. Z-98135, to allow the mounting of antennae and associated support equipment on the existing Riverside Water District water tower located in the Southwest one-quarter of the Southeast one-quarter of Section 23, 12-07-98 -.-.-.-------.-- - 18 - Township 1 South, Range 5 East, Montana Principal Meridian. The subject site is more commonly located along the west side of Springhill Drive, north of Gallatin Drive. Associate Planner Chris Saunders presented the staff report. He stated this application is similar to the previous application, noting the same type of antennae are to be mounted on . the face of the existing water tank, not extending above the top of the tank, and a small building is to be constructed at the base of the tower. He indicated that staff has reviewed this application in light of the six criteria contained in the zone code, and the comprehensive findings are contained in the written staff report. The Associate Planner stated that the City-County Planning Board conducted its public hearing on this application at its September 15 and, following that public hearing, concurred in staff's recommendation for approval, subject to eight conditions. He then indicated that a new condition should be added requiring that a copy of the written approval from the Riverside Water and Sewer District for installation of the antennae on the water tank be provided prior to mounting of the antennae. Mr. Craig Bender, 3 Rivers Wireless, stated his willingness to comply with the . recommended conditions. He then indicated that he will work with the Riverside Water and Sewer District to clean up the site in conjunction with the installation of the antennae. Mr. Ed McCrone, 2150 South Story Mill Road, The Mill, Ltd., stated that there were hearings on the zone code amendment enacted by Ordinance No. 1479, but he was unable to get the information so he was unable to testify on the proposed amendment. He then stressed that the ordinance encourages that the antennae not be installed in residential areas, and both of these applications are to locate the antennae in residential developments. He stated these applications are contrary to the provisions of the ordinance, and suggested that they could be more appropriately installed on his property, which is zoned business park. Associate Planner Saunders responded that the information for public hearings before the City-County Planning Board is available a week prior to the hearing. . It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission approve the Conditional Use Permit requested by 3 Rivers Wireless, under Application No. Z-98135, to allow the mounting of antennae and associated support equipment on the existing Riverside Water District water tower located in the Southwest one-quarter of 12-07-98 - 19 - the Southeast one-quarter of Section 23, Township 1 South, Range 5 East, Montana Principal Meridian, subject to the following conditions: 1. The right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed on the Conditional Use Permit procedure; . 2. That all of the special conditions shall constitute restrictions running with the land use and shall be binding upon the owner of the land, his successors or assigns; 3. That all conditions specifically stated under any conditional use listed in the zone code shall apply and be adhered to by the owner of the land, successors or assigns; 4. That all of the special conditions required by the City Commission shall be consented to in writing by the applicant. 5. The facility shall be removed within nine (9) months of termination of its active use. The owner will provide the city with a copy of any correspondence to the FCC indicating that the tower will no longer be utilized for broadcasting. If the owner fails to remove the tower the City shall remove the tower at the owner's expense. 6. The applicants shall comply with the terms of the zone code, including the terms of the amendments currently being processed under Application No. Z-9889 as they may be approved by the City Commission. Prior to the approval of the final site plan the amendments noted above shall be adopted . by ordinance by the City Commission. Prior to the approval of the Conditional Use Permit the moratorium on approval shall have been rescinded by the City Commission or have expired. 7. The applicants shall design and construct the facility to have the least possible visual impact while complying with all applicable laws, codes, and administrative rules. 8. Seven copies of the final site plan containing all of the conditions, corrections, and modifications approved by the City Commission shall be submitted for review and approved by the Planning Director within six months of the date of City Commission approval. The applicant shall enter into an Improvements Agreement with the City to guarantee the installation of required on-site improvements, if any, 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. If occupancy of the structure or commencement of the conditional use is to occur prior to the installation of all site improvements, the Improvements Agreement must be secured by a method of security equal to one and one-half times the amount of the estimated cost of the scheduled improvements not 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. 9. The applicants shall submit to the Planning Department a copy of the written approval from the Riverside Water and Sewer District for installation of the antennae on the water tank prior to the installation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner 12-07-98 -... - --. .-...,,----.---- - 20 - Rudberg, Commissioner Frost, Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those voting No, none. Continued Dublic hearina - Variances from Sections 18.20.030.B. and 18.50.110.A. of the Bozeman Municical Code. to allow width of each townhouse lot. measured at setback line. to . be less than reauired 30 feet and lot frontaae to be less than reauired 25 feet on lot 47. Bridger Creek Subdivision. Phase I (2404 Par Court) (P-9848) This was the time and place set for the continued public hearing on variances from Sections 18.20.030.8. and 18.50.11 O.A., Bozeman Municipal Code, as requested by Morrison- Maierle for David Veeder under Application No. P-9848, to allow the width of each townhouse lot, as measured at the setback line, to be less than the required 30 feet and to allow the lot frontage to be less than the required 25 feet on Lot 47, Bridger Creek Subdivision, Phase I. The subject property is more commonly known as 2404 Par Court. Included in the Commissioners' packets was a letter from Morrison-Maierle, dated November 24, withdrawing this application on behalf of the applicant. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the . Commission acknowledge receipt of the letter of withdrawal. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none. Continued Dublic hearina - Amended plat for Lot 47. Bridger Creek Subdivision. Phase I - Morrison-Maierle for David Veeder - subdivide 0.61-acre lot into four townhouse lots (2404 Par Court): variances from Sections 16.14.020.H. and 16.14.020.F. of the Bozeman Municical Code. to allow townhouse lot frontaae of less than 30 feet and decth of lot to be greater than three times averaae width of lot (P-9848) This was the time and place set for the continued public hearing on the amended preliminary plat for Lot 47, Bridger Creek Subdivision, Phase I, as requested by Morrison-Maierle for David Veeder under Application No. P-9848, to subdivide a 0.61-acre lot described as Lot . 47, Bridger Creek Subdivision, Phase I, into four townhouse lots. In conjunction with this application are requested variances from Sections 16.14.020.H and 16.14.020.F., Bozeman Municipal Code, to allow townhouse lots with a lot frontage of less than 30 feet and to allow the depth of the lots to be greater than three times the average width of the lots. The subject property is more commonly known as 2404 Par Court. 12-07-98 . ..... ._...u__... __.". - 21 - Included in the Commissioners' packets was a letter from Morrison-Maierle, dated November 24, withdrawing this application on behalf of the applicant. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the Commission acknowledge receipt of the letter of withdrawal. The motion carried by the . following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Stiff; those voting No, none. Public hearing - Conditional Use Permit to amend the master Dlsn for the Vallev Commons Planned Unit DeveloDment. with deviation from Section 18.38.060 of the Bozeman MuniciDal Code. to allow height of motel to be 7 feet higher than the 38-foot maximum building heiaht restriction on Lots 6. 7 and 8. Vallev Commons Business Park (Z-98180) This was the time and place set for the public hearing on a Conditional Use Permit with a Certificate of Appropriateness and a deviation from Section 18.38.060 of the Bozeman Municipal Code, as requested by Valley Commons, L.L.C., under Application No. Z-98180, to amend the master plan for the Valley Commons Planned Unit Development to allow development of a 93-room motel and 6,225-square-foot restaurant and attendant parking on Lots 6, 7 and 8, Valley Commons Business Park, with the motel exceeding the 38-foot . maximum building height by 7 feet. The subject property is more commonly known as 3970 and 4020 Valley Commons Drive. Mayor Stiff opened the public hearing. Assistant Planning Director Debbie Arkell presented the staff report. She stated that under this application, the uses approved for Lots 6, 7 and 8 under the Valley Commons Planned Unit Development are to be amended. She noted that the PUD currently allows for office/commercial uses on Lot 6, motel/restaurant uses on Lot 7, and a restaurant on Lot 8. Under this application, the three lots are to be developed as one unit, with parking proposed on Lot 6, a 93-room motel on Lot 7, and a restaurant on Lot 8. She stated that the building footprint for the motel on Lot 7 is for a 70-room motel, thus requiring an amendment to the . PUD to accommodate the larger building. She stated that under the Planned Unit Development, the building envelopes for the three lots total 53,850 square feet, and the two building footprints in this application total 34,345 square feet. The Assistant Planning Director stated that the requested deviation for the building height is less than the 20-percent deviation allowed. She noted that the Hilton Garden Inn is to be 12-07-98 _..____ _.... .__ ._n. - 22 - constructed in a rustic lodge theme, with the three-level portion helping to promote that theme. She stated that the proposed design is superior to a boxier style and, as a result, the Design Review Board has recommended approval of the deviation. Assistant Planning Director Arkell stated that the City-County Planning Board conducted . its public hearing on this application at its November 17 meeting. She indicated that, following the public hearing and consideration of the staff's comprehensive findings, which are contained in the written staff report, the Planning Board forwarded its recommendation for approval. She noted that in that testimony, two residents of Valley Unit Subdivision expressed concern with resident and pedestrian safety, particularly if construction traffic accesses the construction site through their subdivision. Mr. Mike Potter, applicant, stated he feels that this application fits with the master plan for development of this Planned Unit Development. He characterized the proposed motel as the crown jewel of the business park, and indicated his willingness to accept the conditions as recommended. He then stated he recognizes the residential neighborhood's concerns about construction traffic, and indicated his willingness to take steps to address that concern. . No one was present to speak in opposition to requested Conditional Use Permit or deviation. Since there were no Commissioner objections, Mayor Stiff closed the public hearing. It was moved by Commissioner Smiley, seconded by Commissioner Rudberg, that the Commission approve the Conditional Use Permit with a Certificate of Appropriateness and a deviation from Section 18.38.060 of the Bozeman Municipal Code, as requested by Valley Commons, L.L.C., under Application No. Z-98180, to amend the master plan for the Valley Commons Planned Unit Development to allow development of a 93-room motel and 6,225- square-foot restaurant and attendant parking on Lots 6, 7 and 8, Valley Commons Business Park, with the motel exceeding the 38-foot maximum building height by 7 feet, subject to the following conditions: . 1. Seven copies of the final site plan showing how all conditions of approval will be addressed must be submitted to the planning office within six months of final approval of the application. Only the final site/landscape plan must be resubmitted. Elevations and floor plans do not need to be resubmitted, unless they are changed from those submitted with the preliminary plan. An Improvements Agreement must be signed by the applicant prior to final site plan approval, and a building permit must be obtained prior to the work, and must be obtained within one year of final site plan approval. A building permit/foundation permit will not be issued until the final site plan is approved. 12-07-98 ----- --..--.- - 23 - If occupancy of either structure is to occur prior to completion of all required improvement, the Improvements Agreement shall be financially guarantee as outlined in the zone code to secure the improvements required. 2. The final site plan shall conform to all requirements of the Bozeman zone code, be adequately dimensioned (e.g. provide dimensions of typical parking space, regular and disabled, access widths, driving aisle widths, sidewalk widths, . boulevard widths), and in addition to the information shown on the preliminary plan, shall show the following: a. A detail of the trash enclosure located on the north side of the motel. Per Section B5 of the Development Guidelines, the enclosure cannot be taller than 8 feet, and no longer than 24 feet. b. A detail of the parking lot light standards. The preliminary plan shows a symbol that could be a light, but no reference or detail is provided. The light standard must comply with Section B6 of the Guidelines. c. The location and detail for a bike rack. d. A detail of the disabled and compact parking signs. The disabled signs must indicate "Permit Required - $100 fine". e. A note indicating that all parking spaces will be painted with a 4- inch wide stripe. f. LANDSCAPING: The final landscape plan must be more specific regarding tree species, height/size at planting and at maturity. The . method of irrigation must be indicated. Landscape must comply with Section B9 of the Guidelines. g. Site statistics, e.g. number of parking spaces, area paved, area landscaped, landscape details, etc. h. The location of existing water and sewer mains shall be properly depicted, as well as nearby fire hydrants. Proposed main extensions shall be labeled "proposed". i. That the drive approaches shall be constructed in accordance with the City's standard approach (Le., concrete apron, sidewalk section and drop curb), and shown as such on the final site plan. A City Curb Cut and Sidewalk Permit shall be obtained prior to final site plan approval. j. Typical curb details (i.e., raised and/or drop curbs) and typical asphalt paving section detail shall be provided on the final site plan and shall be approved by the City Engineer prior to final site plan approval. Concrete curbing shall be provided around the entire new parking lot perimeter and adequately identified on the final site plan. Existing drop curb and associated aprons that will not be utilized . shall be removed and replaced with standard raised curb. k. City standard sidewalk shall be installed and properly depicted on the final site plan at the standard location (i.e., one-foot off property line) along the Valley Commons Drive frontage. Any deviation to the standard alignment or location must be approved by the City Engineer. I. The Code-required minimum number of off-street parking spaces shall be provided and the configuration of the off-street parking shall 12-07-98 --- -..-. . -- -.--- - 24 - shall comply with the requirements of Section 18.50.120 of the Bozeman Municipal Code. This includes parking stall dimensions, drive aisle widths, lot surfacing and curbing. If these sections of the Code are not met, a variance or deviation must be applied for and granted by the City Commission. m. All existing utility and other easements. The applicant is advised . that not all easements are shown on the submittal, and that a storm sewer easement will need to be abandoned between Lots 7 and 8. n. Adequate snow storage areas, which are designated outside the sight triangles, but on the subject property (unless a snow storage easement is obtained for location off the property and filed with the County Clerk and Recorder's Office.) Drive approach and public street intersection sight triangles shall be free of plantings which at mature growth will obscure vision within the sight triangle. 3. All utilities and mechanical equipment located outside of either building shall be identified and located on the final site plan, and shall be screened per Section 18.50.070.E of the Bozeman Municipal Code. This includes any proposed roof mounted mechanical equipment. 4. Sewer and water services shall be shown on the final site plan and shall be approved by the Water/Sewer Superintendent prior to final site plan approval. The motel and restaurant must connect to individual domestic water service connections and meters. City of Bozeman applications for service shall be completed by the applicant. The looped water service line shown on the revised sketch is not acceptable. However, since Valley Commons Drive is a private street, the seven year moratorium does not apply. This would allow the . applicant to install stubs in the appropriate locations to avail services to these proposed structures. 5. 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. The 6- inch fire service line shall be connected directly to the main in Valley Commons Drive. The looped fire line shown on the revised sketch is not acceptable. If one or both structures require fire lines, a separate fire service line must be extended for each structure. 6. The final site plan must clarify the improvements to occur with this project on the west boundary. If parking/access is to be shared with the lot to the west, an access/parking easement must be provided with the final site plan. 7. A temporary form of the street address shall be displayed at all times during construction of the structures, and a permanent address shall be displayed on the site or structure upon completion of the development. . 8. The applicant's professional engineer or architect shall certify in writing that the required on-site improvements have been installed according to the approved final site plan, prior to issuance of an occupancy permit by the Building Department. Required on-site improvements which may be financially guaranteed prior to issuance of an occupancy permit may include landscape, landscape irrigation, fences, project identification signs, refuse screening, or other improvements approved by the DRC. The decision on which improvements that may be financially guaranteed shall be based on a finding that unsafe or hazardous conditions will be not be created or perpetuated without the installation of certain improvements, or that the property will not 12-07-98 - 25 - have an unacceptable. adverse impact on adjoining properties until such improvements are installed. 9. The applicant's professional engineer shall certify in writing that the rough finish grade, including retention/detention ponds, had been installed according to the approved final site plan and site grading plan, prior to issuance of an occupancy permit by the Building Department. Rough finish grade means the finished grade exclusive of sod, turf or topsoil for seeding. . The motion carried by the following Aye and No vote: those voting Aye being Commissioner Smiley, Commissioner Rudberg, Commissioner Frost, Commissioner Youngman and Mayor Stiff; those voting No, none. Public hearing - Conditional Use Permit to allow conversion of second story of barn/aarage on Lots 1. 2. 3 and 4. Block 6. Butte Addition. into accessory dwellina unit. with deviations from Section 18.50.160 and 18.50.020.C.12. Bozeman Municical Code. to allow conversion of structure that encroaches 8 feet into rear yard setback and 6 feet into corner side yard setback. allow owners to live off site. and eliminate one off-street Darkina scace - Eric Overlie for Kathleen Revnolds (902 South Willson Avenue) (Z-98171) This was the time and place set for the public hearing on the Conditional Use Permit requested by Eric Overlie for Kathleen Reynolds, under Application No. 2-98171, to allow conversion of the second story of a barn/garage on Lots 1, 2, 3 and 4, Block 6, Butte Addition, . into an accessory dwelling unit, with a Certificate of Appropriateness and deviations from Sections 18.50.160 and 18.50.120.C.12 of the Bozeman Municipal Code, to allow conversion of a structure that encroaches 8 feet into the rear yard setback and 6 feet into the corner side yard setback, to allow the owners to live off site, and to eliminate one off-street parking space. The subject property is located at 902 South Willson Avenue. Mayor Stiff opened the public hearing. Historic Preservation Planner Derek Strahn presented the staff report. He stated that staff has reviewed this application in light of the criteria contained in the Bozeman Municipal Code, and the staff's comprehensive findings are contained in the written staff report. He briefly summarized those findings, stating that staff feels the application meets the intent and criteria. The Historic Preservation Planner stated that the subject garage was constructed in 1911 . and is an historic structure which does not meet current setback requirements. He stated that the footprint is not being expanded but, because the second story is to be converted into an accessory dwelling unit, the requested deviations are necessary. He noted that the application includes a deviation from the required off-street parking space for the accessory dwelling unit and a request that the owners of record not be required to occupy either dwelling unit on this 12-07-98 .---- - 26 - site. He stated that the owners of the property reside in Texas but come back to Bozeman for several weeks each summer. Since there is currently only one dwelling unit on the site, they must kick the renters out of the house. Under this proposal, they would create a living space which they could occupy when they are in Bozeman. He stressed that the accessory dwelling . unit regulations are designed to preclude the renting out of both units; and the recommended conditions for approval of this application are designed to ensure that both units do not become rentals on this site by limiting the amount of time that the second unit may be occupied. No one was present to speak in support of or in opposition to the requested Conditional Use Permit. Since there were no Commissioner objections, Mayor Stiff closed the public hearing. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission approve the Conditional Use Permit requested by Eric Overlie for Kathleen Reynolds, under Application No. Z-98171, to allow conversion of the second story of a barn/garage on Lots 1, 2, 3 and 4, Block 6, Butte Addition, into an accessory dwelling unit, with a Certificate of Appropriateness and deviations from Sections 18.50.160 and . 18.50.120.C.12 of the Bozeman Municipal Code, to allow conversion of a structure that encroaches 8 feet into the rear yard setback and 6 feet into the corner side yard setback, to allow the owners to live off site, and to eliminate one off-street parking space, subject to the following conditions: 1. The final site plan shall conform to all requirements of the Bozeman zone code and shall be adequately dimensioned. 2. In order to meet the stipulations of the Bozeman zone code regarding accessory dwelling units as outlined in Section 18.50.020.C that were not modified by this deviation request: A. The applicant shall record a deed restriction or a restrictive covenant amendable only by the Bozeman City Commission with the Gallatin County Clerk and Recorder's Office. Said document shall indicate that following the creation of the accessory dwelling unit: 1. Only one living unit on-site can be rented by the owners . of record; 2. The accessory dwelling unit shall only be utilized by the owners of record on a part time basis with occupancy not to exceed three months out of the year. At such time as the owner establishes a separate line from the accessory dwelling unit to the sewer main, this portion of the deed restriction or restrictive covenant can be removed; 12-07-98 -. -" --.------. .- - 27 - 3. The accessory dwelling unit shall not exceed one thousand square feet; and 4. Should the City determine that these stipulations are not being followed, the Conditional Use Permit for the accessory dwelling unit shall be revoked and the improvements establishing the ADU shall be removed at the owner's expense. . B. The occupancy of the proposed accessory dwelling unit shall not exceed two persons; C. No other accessory dwelling unit shall be created on this lot; and D. 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. 3. To better maintain the character of the accessory dwelling unit's north elevation, the large fixed window should be replaced by a more historically appropriate alternative that better reflects the visual character of the structure's already existing window openings. Appropriate alternatives might include: A. A nine over one double hung window which is similarly sized to the others proposed on this elevation; or B. The providing of divided light grillwork on the upper portion of the proposed fixed window; and . C. If a larger window is needed for building code egress requirements, the applicant should utilize casement windows with nine over one grills to match the historic appearance of other windows on the structure. In all instances, however, a large fixed window should be discouraged in favor of an alternative that is more in keeping with the character of the structure. 4. The small two over two fixed windows near the gable peaks on the south and north elevations are rather important character defining feature of this elevation and should, if at all possible, be retained. 5. In order to help retain the historic appearance and character of the historic structure in question, the applicant should, in all instances: A. Abuse wooden doors featuring true divided light windows rather than a less historic alternative; and B. Abuse necessary replacement in-fill siding that closely matches in width and material that siding found on the existing structure. 6. If building code provisions require that the west wall be fire-rated because the . structure is situated too close to the rear property line, efforts should be taken to retain the existing exterior appearance of the existing historic openings (Le. windows and hay loft door, etc.) to the greatest extent possible. Fire-rating around these openings on the interior is preferable to covering them. 7. The applicant shall obtain a building permit within one year of Certificate of Appropriateness approval or this approval shall become null and void. 8. This project shall be constructed as approved and conditioned in the Certificate of Appropriateness application. Any modifications to the submitted and 12-07-98 --. - . u.____. ---.--..- ...--.... .-..-..- - 28 - approved drawings shall invalidate the project's approval unless the applicant submits the proposed modifications for review and approval by the Planning Office prior to undertaking said modifications, as required by Section 18.62.040 of the Bozeman Municipal Code. 9. Should the lots on which the Reynolds home and garage/barn at 901 South Willson are ever subdivided and/or come under separate ownership, a new sewer stub from South Willson Avenue will be required for the Accessory . Dwelling Unit with required easements. 10. The drive approach shall be reconstructed in accordance with the City's standard approach (Le. concrete apron, sidewalk section and drop curb). A City Curb Cut and Sidewalk Permit shall be obtained prior to final site plan approval. 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 procedure; 12. All special conditions shall constitute restrictions running with the land use, shall be binding upon the owner(s) of the land, his or her successors or assigns, and shall be recorded as such with the Gallatin County Clerk and Recorder's Office by the property owner(s) prior to the issuance of any building permits, final site plan approval, or commencement of the conditional use; 13. All conditions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner(s) of the land, successors, or assigns; and 14. All of the special conditions shall be consented to in writing by the applicants/owners. . The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those voting No, none. Continued Dublic hearing - COA with deviation from Section 18.50.060.D of the Bozeman MuniciDal Code. to allow proposed wood fence to encroach 25 feet into 35-foot watercourse setback at Alderson Place Condominiums - Nicholas Zelver and Aida Muraa. 131-8 East Alderson Street (Z-98155) This was the time and place set for the continued public hearing on a Certificate of Appropriateness, as requested by Nicholas Zelver and Aida Murga, under Application No. Z-98155, with a deviation from Section 18.50.060.D of the Bozeman Municipal Code, to allow a proposed wood fence to encroach 25 feet into the required 35-foot watercourse setback at . Alderson Place Condominiums. Included in the Commissioners' packets was a letter from the applicant requesting that this public hearing be continued to give time to respond to questions raised regarding the Alderson Place Condominiums project. 12-07-98 - 29 - It was moved by Commissioner Frost, seconded by Commissioner Youngman, that the Commission continue the public hearing to January 19, 1999, as requested by the applicant. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; . those voting No, none. Public hearing - Conditional Use Permit to allow use of main floor of orincioal structure and accessory structure as day care center for UD to 28 children with deviations from seven sections of the code to utilize existina oarkina areas on Lots 1-3. Block 29. Park Addition - Vickie Greenwood. 501 South 3rd Avenue (Z-98175) This was the time and place set for the public hearing on the Conditional Use Permit requested by Vickie Greenwood, under Application No. Z-98175, to allow use of the main floor of the principal structure and the accessory structure on Lots 1 through 3, Block 29, Park Addition, as a day care center for up to 28 children, with deviations from seven sections of the Bozeman Municipal Code to utilize the existing parking areas. The subject property is more commonly known as 501 South Third Avenue. Mayor Stiff opened the public hearing. He noted that the Commissioners have received . a significant amount of material on this application, including the materials and testimony submitted at the City-County Planning Board hearing. He encouraged those who wish to speak to avoid repetition and redundancy to the greatest extent possible, and to keep their comments as brief as possible. Assistant Planner Therese Berger presented the staff report. She noted that staff has reviewed this application in light of the criteria contained in the zone code, and the staff's comprehensive findings re contained in the written staff report. She stated the subject property is located in an "R-2", Residential--Single-family, Medium-density, zoning district, and is surrounded by mostly single-family residential properties except for the tri-plex across the street. She noted that the subject property has been used as a day care center since 1994, . and has an entirely enclosed play area and considerable hedging on three sides. She stated the applicant had two group day care certificates from April 1996 through August 1998, and those certificates allow up to 28 children on the site. She noted that when the applicant sought to increase the number of infants that can be cared for, she found that she must comply with the local zoning regulations, which includes a Conditional Use Permit. She also noted that in June 12-07-98 - 30 - 1996, the applicant received a building permit to change the accessory building from a garage to a workshop or studio. To avoid the potential of converting that structure to a second dwelling unit, the applicant was required to file a restrictive covenant to ensure that this property retained its single-family residential status. . Assistant Planner Therese Berger reviewed the eight deviations requested in conjunction with this application, as follows: 1. From Section 18.50.050.F.3., which requires a minimum 6-foot separation between the main structure wall and the detached structure wall, since the structures are 3 % feet apart; 2. From Section 18.50.120.B.5., which prohibits backing into the public street or alley; 3. From Section 18.50.120.B. 7., which requires paving of all areas intended to be utilized for permanent parking spaces, as well as a grading and drainage plan; 4. From Section 18.50.120.8.8., which requires striping of all parking stalls; 5. From Section 18.50.120.B.11., which requires concrete curbing around off- street parking areas and driveways; 6. From Section 18.50.120.F., which requires 2 spaces per dwelling unit, 1 space . per every 200 square feet of day care use, and 1 handicapped accessible space, by allowing the applicant to provide only 4 of the 9 regular spaces required; 7'. From Section 18.50.120.J., which prohibits stacking of off-street parking spaces; and 8. From Section 18.50.120.K., which prohibits parking in any required front or side yard, by allowing one space in the required front yard setback. The Assistant Planner forwarded staff's recommendation that the Story Street parking lot be improved, which would result in only partial approval of the third deviation and approval of the other seven deviations because they avoid destroying existing features of the site which help to maintain its residential character. Assistant Planner Berger stated that the City-County Planning Board conducted its public hearing on this application at its November 17 meeting. She noted that, following . consideration of the criteria, the staff findings and the testimony received from 22 members of the public, the Planning Board concurred in staff's recommendation for approval, subject to 15 conditions. She briefly highlighted those conditions, and noted that City Attorney Luwe has recommended the addition of a Condition No. 16, to amend the restrictive covenants to allow for day care use. 12-07-98 -..-.-.--. - ----- -- ----- ----- -- -- - 31 - Ms. Vickie Greenwood, applicant, reviewed the packet of information which was distributed to the Commission just prior to the evening session. She stated that her application is to accommodate two group home licenses on the site, with each license allowing for twelve children plus an overflow of four. She noted that under her previous license, she could provide . day care for 32 children in the morning and 24 children in the afternoon. She noted that in 1994, when she purchased the home, one single group home was begun and in 1995, when her daughter was going to school, she obtained a permit to remodel the accessory structure for her use. She then indicated that in 1996, the State informed her that, because of a new law, two group homes were allowed on one premises. Ms. Greenwood noted that in August 1998, Child Care Connections reviewed her facility and identified deficiencies. She stated that, while she did not agree with all of those deficiencies, she has corrected them. She recognized the importance of the inspections of child care facilities, particularly to ensure the safety of the children attending the facilities. Ms. Greenwood stated that under a Group I license, only 12 infants are allowed. She indicated that the license for the accessory structure will allow for 16 children, totalling a . maximum of 28 children at anyone time. She then indicated that the accessory structure is built on skids and can be moved 2 Y2 feet to meet the code requirements if necessary. Ms. Greenwood noted that the information she has submitted to the Commission includes information revealing that real estate values have been maintained since she purchased this property and opened the day care center. She noted, in fact, that a house in the immediate area purchased in October 1997 for $128,000 recently sold for $185,000. Ms. Greenwood stated that only one person with 200 feet of her property has expressed opposition to the day care center. She also noted that a couple of people have signed both the petition of opposition and the petition of support, signing the petition of support last. She characterized one of those individuals as now being supportive with the other one being neutral. . Ms. Greenwood stated that the neighborhood has been characterized as single-family residential; however, she stated that many of the properties are rentals. She noted that residents in the area are delighted to see the babies in the buggy. She concluded by identifying the addresses on the letters of support for her application, noting that they range from 20 feet to 200 feet away, and encouraged Commission approval of this application. 12-07-98 - 32 - Ms. Marcella Shopp, 401 West Story Street, stated she lives across the street from the subject property. She stated that she enjoys the children and noted that most of the neighborhood has no complaints about this day care facility. Mrs. Kay McKay, 401 South Third Avenue, stated she has lived in this home for the past . 42 years and has seen the neighborhood change a number of times. She characterized the day care facility as a wonderful neighbor, noting that the entire neighborhood has changed back to a nice area. She noted that if the day care facility is not permitted, they will miss the children. Mr. John Skallerud, 2812 West Villard Street, stated his two children attend the day care center, and he has not seen any traffic mess resulting from it. Ms. Kari Leep stated that she worked as a staff member at the day care for ten months in 1996, and she currently has a child enrolled at the facility. She stated that Ms. Greenwood has taken steps to ensure that the traffic does not negatively impact the neighborhood, with parking being only in certain locations and for a short period of time. Ms. Jane Carnin stated that her child has attended this day care facility and encouraged approval of the application. . Dr. Chris Stryker, 407 South Third Avenue, stated he lives close to the site, and his son attends the day care. He indicated that he has taken digital pictures of the street and the site, but his computer is not working properly, so he cannot show them to the Commission. He characterized the property across the street from this site as having a much greater impact on the neighborhood, with its empty beer cans and box springs in front of the house. He concluded by encouraging Commission approval of this application. Mr. Rich Barton, 402 South Third Avenue, stated he moved into his home in June, into the house which most people refer to as Pooh Corner, a day care facility that operated for many years. He stated that he has two small children, and one of them attends this day care. He then encouraged Commission approval of the application. Ms. Elin Hert, 216 South Tenth Avenue, stated her support for the application, noting that . her son attends the day care. She expressed her appreciation for a neighborhood day care facility, particularly one close enough for her to ride her bicycle. She noted that it is possible to park in the parking area off West Story Street about 95 percent of the time, so that does not appear to be an issue. 12-07-98 - 33 - Mrs. Kathy Ham, 9440 Bridger Canyon Road, stated her son has attended the school for three years. She noted that her job is parking enforcement, and she has encountered no parking problems around this day care, although she has encountered problems two blocks to the west. . Mr. Charles Kollerer, 143 Hitching Post Road, stated his two girls are graduates of the day care facility. He expressed his appreciation for her facility, noting that his girls learned Spanish and music at a very early age. He also noted that Ms. Greenwood teaches other child care providers and has written about child care extensively. Mr. Dallas Johnson, 220 West Story Street, stated he lives across the street from the subject property and is a thirty-year resident of the neighborhood. He noted that he was apprehensive when Ms. Greenwood first purchased the site; however, he has found the day care facility to be a good neighbor and one that he enjoys. He stated the area is not a traditional single-family residential area, with the tri-plex housing up to 18 students across the street and the bed and breakfast just up the street. Ms. Nicole Bassett, former employee, stated her support for the day care facility and . encouraged Commission approval. Ms. Diane Taylor, 9714 Cougar Drive, stated that she has picked up her friend's children from this day care facility and has been impressed with the wonderful things she has seen. She then indicated her support for this application. Ms. Eleanor Roche, 824 South Tracy Avenue, stated her support for this facility, noting that her child attends the day care. Ms. Anne Johnson, 220 West Story Street, stated she retired from teaching four years ago, and she has enjoyed seeing the small children as she has worked in the yard. She also stated she likes Ms. Greenwood as a neighbor and encouraged approval of this application. Ms. Janie Vowell, 411 West Story Street, stated she feels this day care is an asset to the neighborhood, and she supports it. . Mr. Mike Joseph, 350 Comfort Lane, stated he has two children at this day care facility, and encouraged approval of the application. Ms. Lisa Titus, 407 South Black Avenue, noted the importance of remembering that this facility has operated at this site for several years, and no increase in children is being proposed. 12-07-98 - 34- She then indicated she sees no reason to require any change in the manner in which the facility has been operating. Mr. Kirk Astroth, 7359 Meghan's Way, stated he and his wife adopted a little Chinese girl in March, and she attends this day care. He then stated he is on the Governor's Council for . Families, and has just completed a state-wide tour that covered seventeen cities in ten days. He noted the No.3 issue identified on that tour was access to affordable and quality child care, and stated it would be a shame to limit this facility's ability to provide the type of child care that it does. Ms. Georgette Cassen, 213 West Story Street, stated her support for the day care center. Break - 8:45 p.m. to 8:50 D.m. Mayor Stiff declared a break from 8:45 p.m. to 8:50 p.m., in accordance with Commission policy. Public hearina (continued) - Conditional Use Permit to allow use of main floor of princioal . structure and accessorv structure as dav care center for UD to 28 children with deviations from seven sections of the code to utilize existina oarkina areas on Lots 1-3. Block 29. Park Addition - Vickie Greenwood. 501 South 3rd Avenue (Z-98175) Mr. Christopher Williams, attorney representing those in opposition, acknowledged that Ms. Greenwood is a good person and has provided a well organized presentation from neighbors and clients. He stated that his clients are opposed to this Conditional Use Permit application; however, if the Commission wishes to approve it, he asked that they consider a compromise. He characterized the day care center as a business, noting it has customers and generates revenues. He noted that the subject property is a single-family residence, and the applicant is a former realtor. Mr. Williams stated that he spoke with Cynthia Neuffer, Child Care Licensor for Bozeman, and found that a complaint was filed with eight violations cited, including too many children . on the property and not enough staff. He noted that the State enforced its regulations and required compliance, and questioned why the City has not enforced compliance with its regulations. Mr. Williams stressed the importance of applying the regulations on the zone code uniformly, reminding the Commission that they are minimum requirements. He then listed other 12-07-98 - 35 - day care facilities which have been approved in the last year, including the Head Start facility, the Kid's Club House and the Sourdough Montessori School. He noted that those facilities each required a few deviations or variances, but not the number of deviations being required for this site. He then questioned how enforceable the requirement for Ms. Greenwood to live . on the site might be. He concluded his presentation by encouraging the Commission to limit the number of children at this facility to eighteen. Responding to Commissioner Smiley, Mr. Williams stated his clients are those who are opposed to this CUP application. Ms. Mary Pleas, 511 South Grand Avenue, stated that over the past six years, they have spent a considerable amount of time and money in rehabilitating their home, which was "historically significant but beyond hope". She stated it has been difficult and frustrating to work with a myriad of departments and meet all of the City's requirements and regulations, but they have done so. She noted that in 1995, they were presented with a first place award for restoration of an historic property, and in 1997, they received an award for compatible construction on the property. She characterized allowing a day care facility for 28 children as . a slippery slope, particularly in an "R-2" zoning district. She urged the Commission to not reward non-compliance with the zone code by approving this application, and asked that the Commission preserve her area. Mr. Paul Bertelli, 420 South Third Avenue, stated he is opposed to the requested conditional use permit. He indicated that he has not suggested that this day care facility be eliminated, but asked that it be limited and that the historic character of this residential neighborhood be respected. He recognized the extraordinary efforts of his neighbors, who have put a significant amount of time and money into restoring and improving their homes. He noted that a day care facility which respects those values can blend into the area, stressing that it is important to ensure the day care does not overpower the area. He suggested that if the need is as great as has been portrayed, then other small day care facilities could possibly . blossom elsewhere in the community. He concluded by encouraging the Commission to reach a compromise, and to allow a day care facility that is in scale with the neighborhood, rather than approving the proposal which has been submitted. Ms. Kris Ellingsen, 414 South Third Avenue, recognized the wonderful job that Ms. Greenwood is doing with her day care facility; however, she shares her neighbors' concerns 12-07-98 ------------ - 36 - about the precedent that approval of this Conditional Use Permit might establish. She stated that she is concerned about the traffic that can result from this type of facility, and encouraged the Commission to limit the number of children allowed. Mr. Dave Quammen, 414 South Third Avenue, stated he is not against the day care . facility, but he is concerned about its scale and size. He then encouraged the Commission to give careful consideration to this application, and particularly to the possibility of limiting the facility to 18 children. Mr. Chuck Watson, 826 South Third Avenue, stated he was originally consulted as the attorney in this case, and brought in Christopher Williams to assist. He then indicated his opposition to this Conditional Use Permit. Mr. Dennis Noteboom, 511 South Grand Avenue, stated that when they did their renovations, they met the City's rules beforehand. He expressed concern that in this situation, the applicant has taken a different approach, which now puts pressure on the City. He stated the neighbors are willing to compromise. He then indicated that his neighbors, Henry and Dorothy Campbell, are elderly and unable to attend tonight's meeting; however, they asked that . he forward their opposition to this application. Responding to Commissioner Frost, Assistant Planner Therese Berger confirmed that a conditional use permit typically runs with the land. She noted that the duration of the use can be subject to conditions imposed by the City and, in this instance, the applicant has proposed the condition based on when she anticipates retiring from this business. She stated that if someone else purchases the property, this use will terminate. Commissioner Frost stated that when he moved into that area eight years ago, Pooh Corner was located just down the street; and this subject property looked "more like a crack house". He expressed concern that the applicant is seeking approval after the fact. He stated, however, that he has observed the site on several occasions over the past few weeks, and has found that it seems to fit well with the area. He indicated that he is concerned about the . neighbors and about setting a precedent. He noted that, while he likes the proposal of a compromise with fewer children at the day care center, he will support the application as submitted. City Attorney Luwe requested that, if the Commission wishes to consider limiting the 12-07-98 - 37 - number of children in the day care facility, it delay action so he can research whether the Commission has the authority to do so. Commissioner Rudberg stated her support for the application as submitted. Commissioner Smiley stated she has been a social worker for 28 years, and noted that . the agencies that license child care facilities know what they are doing. She noted that a review of the area reveals that the property across the street has more impact on the area than this day care center, and indicated her support for the application. Mayor Stiff stated he lived in this area for forty years, and has seen many nice things happen over the past several years. He noted that he has looked at this subject property recently and finds that it is compatible with the area. He then indicated his support for the application as submitted. Commissioner Youngman stated her appreciation for the testimony which has been submitted by residents of the area, stating she recognizes the concerns of those who have spoken in opposition. She then indicated that she feels it is appropriate to allow day care centers in residential areas and, based on the testimony submitted and her personal . observations of the site, she does not believe this facility is negatively impacting the area. She stated, however, she is concerned about the fact that this application is just now being considered since the use has been in place for several years. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the Commission approve the Conditional Use Permit requested by Vickie Greenwood, under Application No. Z-98175, to allow use of the main floor of the principal structure and the accessory structure on Lots 1 through 3, Block 29, Park Addition, as a day care center for up to 28 children, with deviations from seven sections of the Bozeman Municipal Code to utilize the existing parking areas, subject to the following conditions: 1. The applicant shall apply for and obtain a Certificate of Appropriateness and building permit for the proposed handicapped accessible ramp or lift and shall construct said ramp or lift within nine months of an approval of the Conditional . Use Permit. 2. The western portion of the parking area which is accessed from West Story Street shall be paved with concrete or asphalt and the existing concrete surface will be repaired as necessary, with grades of the new parking area to match the repaired grade of the existing parking surface, to allow the two regular and one handicapped accessible space to be clearly delineated. 12-07-98 - 38 - 3. The two regular parking spaces and one handicapped accessible space accessed from Story Street shall be striped per Section 18.50.120.8.8, and the handicapped accessible space delineated per Section 18.50.120.F.3.c. 4. The drive approach on West Story Street shall be reconstructed in accordance with the City's standard approach (i.e. concrete apron, sidewalk section and drop-curb) and shown as such on the final site plan. A City Curb Cut and Sidewalk Permit shall be obtained prior to final site plan approval. The curb cut . shall be located a minimum of 8 feet east of the property line in accordance with the zone code. 5. The copper water service comes into the building off South Third Avenue. If this service does not have a double check valve backflow prevention devise installed immediately after the water meter, one must be installed by the owner at her expense. 6. The final site plan shall be adequately dimensioned. 7. As per Section 18.50.035.R, the final site plan shall show the location for, and a detail of, a bicycle rack. 8. The applicant must obtain a Certificate of Appropriateness and a building permit for any proposed signage. Any proposed signage must be in compliance with Section 18.65.070.C.3.c, as amended, but not yet codified, in Ordinance No. 1468. 9. 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. . 10. 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. 11. All of the conditions specifically stated under any conditional use listed in this title shall apply and be adhered to by the owner of the land, successor or assigns. 12. 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. 13. The City of 80zeman must be made a party to any deed restriction or restrictive covenant which terminates the conditional use with the sale or lease of the subject property, and the deed restriction or restrictive covenant must be reviewed and approved by the City Attorney. 14. The conditional use permit shall terminate within 15 years of the date of the final approval, at which time the applicant may re-apply for a conditional use permit and submit to a new public hearing review process. . 15. That the owner or principal operator of the business shall maintain the basement and second floors of the principal structure on the property as her/his principal residence. 16. That the restrictive covenants previously filed to ensure the single-family residential character of this property be amended to allow for the operation of a day care facility. The motion carried by the following Aye and No vote: those voting Aye being Commissioner 12-07-98 - 39 - Youngman, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Stiff; those voting No, none. Break - 9:35 to 9:38 o.m. . Mayor Stiff declared a break from 9:35 p.m. to 9:38 p.m., in accordance with Commission policy. AODointments to: Board of Adiustment. Board of Apneals. Band Board. Beautification Advisorv Board. Bozeman Area Bicvcle Advisory Board. Cemetery Board. City-County Health Board. Citv- Countv Planning ~oard. Communitv Affordable Housing Advisory Board. Design Review Board. Downtown Bozeman Imorovement District Board. Library Board of Trustees. Pedestrian/Traffic Safety Committee. Recreation and Parks Advisory Board. Senior Center Advisorv Board and Tax Increment Financing Industrial District (TIFID) Board Included in the Commissioners' packets was a memo from the Clerk of the Commission, dated December 3, listing the applicants for the vacancies on the various boards and commissions. It was moved by Commissioner Youngman, seconded by Commissioner Smiley, that the . Commission appoint Joanne H. Eaton to replace Jennifer Smith Mitchell and reappoint Jeffrey K. Rupp to the Board of Adjustment, with three-year terms to expire on December 31, 2001; reappoint Larry M. Barnard and Robert Lashaway to the Board of Appeals, with three-year terms to expire on December 31, 2001; reappoint Ron Schimpf to the Band Board, with a term to expire on December 31, 2000; appoint Myles S. Eaton, Christopher F. Nixon and Tamie L.H. Parker to the Beautification Advisory Board, with three-year terms to expire on June 30, 2001; appoint Jon Engen, Wade Kline and Kathryn Strickland and reappoint John Gallagher to the Bozeman Area Bicycle Advisory Board, with one-year terms to expire on December 31, 1999; appoint Patricia Butterfield to replace Susie Smith as the City's representative on the City- County Health Board, with a three-year term to expire on January 8, 2001; appoint Marty Bakken as the real estate sales representative on the Community Affordable Housing Board, . with a term to expire on June 30, 2001; appoint Charles H. Brodzki as the legal representative on the Community Affordable Housing Advisory Board, with a term to expire on June 30, 2000; appoint Rick Weaver to replace Kathleen Malone as a non-voting member on th,j Downtown Bozeman Improvement District Board, with a four-year term to expire on June 30, 2002; appoint Holly B. Brown to replace Tutti Skaar on the Libary Board of Trustees, with a 12-07-98 u__.__.. - 40 - term to expire on June 30, 2002; appoint Lynn Bacon to replace Jon Weidenaak and reappoint Terry Baldus, Gene S. Brooks and Cynthia F. Mernin, with three-year terms to expire on December 31, 2001; reappoint John K. Austin, Harvey A. Larson and Charles Stablein to the Senior Center Advisory Board, with two-year terms to expire on December 31, 2000; and . reappoint Fred Videon to the Tax Increment Financing Industrial District Board with a four-year term to expire on December 31, 2002. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg, Commissioner Frost and Mayor Stiff; those voting No, none. Following the nomination process, it was moved by Commissioner Rudberg, seconded by Commissioner Frost, that Kim Allen Scott be reappointed and that Charles Fritz be appointed to replace William Kolwyck on the Cemetery Board, with three-year terms to expire on December 31, 2001. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those voting No, none. It was moved by Commissioner Frost, seconded by Commissioner Youngman, that Ed . Musser be reappointed to the City-County Planning Board, with a two-year term to expire on December 31, 2000. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none. Commissioner Youngman stated that, while Bill Mitchell has done some wonderful things and been a valuable member on the City-County Planning Board, she is concerned about the conflicts of interest that might arise with his wife serving as a County Commissioner. She also expressed concern about his loss of temper in public meetings, resulting in staff members and members of the public feeling threatened. Commissioner Frost stated his concurrence with Commissioner Youngman's comments, noting the Commission has other well qualified applicants from which to choose. . Commissioner Rudberg stated her support for reappointing Bill Mitchell to the City-County Planning Board, stating she feels his experience and knowledge are important to the Board. She also indicated she does not believe that he will encounter any conflict of interest while serving. 12-07-98 - 41 - City Attorney luwe stated that Mr. Mitchell may encounter a conflict of interest when the Planning Board considers an application upon which his wife will be voting; however, he stressed that is an issue which the County Attorney will be asked to address. Commissioner Smiley and Mayor Stiff both indicated support for reappointing Bill Mitchell . to the City-County Planning Board. It was moved by Commissioner Rudberg, seconded by Commissioner Smiley, that Bill Mitchell be reappointed to the City-County Planning Board, with a two-year term to expire on December 31, 2000. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Smiley and Mayor Stiff; those voting No being Commissioner Youngman and Commissioner Frost. Approval of final clat for Hiland Minor Subdivision (subdivide 2.9182-acre carcel known as Tract A. Amended Plat C-23-B. into two tracts) (located along north side of East Main Street between Chamber of Commerce and Exxon) (P-981Q) Distributed just prior to the meeting was a letter from Mr. Bernard C. Bissell, owner of the Hiland Minor Subdivision, requesting that action on this item be delayed until December 21 . . City Manager Johnson reminded the Commission that this item had been pulled from the list of Consent Items. He then recommended that the Commission delay action on this final plat, as requested by the applicant. It was moved by Commissioner Rudberg, seconded by Commissioner Frost, that the Commission table action on this final plat until December 21, 1998, per the applicant's request. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rudberg, Commissioner Frost, Commissioner Youngman, Commissioner Smiley and Mayor Stiff; those voting No, none. Adiournment - 10:00 c.m. There being no further business to come before the Commission at this time, it was . moved by Commissioner Frost, seconded by Commissioner Youngman, that the meeting be adjourned. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Youngman, Commissioner Smiley, Commissioner Rudberg and Mayor Stiff; those voting No, none. 12-07-98 - 42 - ~~~ ALF . STIFF, Mayor ATTEST: .~~.~ - - ~- ;;Y:;,:~.. ~ - ~ ROBtN L.5lJ1t~VAN' -::.- Clerk of 'tt1~~missiOIl ..........-..., ".~<-:~~'." ----- .. "._-- .-, ...- -~ -"':', -~...:..:...-~-==-~- .. ~< - >'-, -=.-::: /,<:.(," ' , ~ '---______ ..:::.. .I J "-, :.:...- '...-;.- . . 12-07-98