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HomeMy WebLinkAbout1990-03-05 < j 'i :i?' MINUTES OF THE MEETING OF THE CITY COMMISSION BOZEMAN, MONT ANA March 5, 1990 ************************ The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal Building, March 5, 1990, at 2: 30 p.m. Present were Mayor Hawks, Com- missioner Goehrung, Commissioner Frost, Commissioner Swanson, Commissioner Knapp, City Manager Wysocki, City Attorney Becker and Clerk of the Commission Sullivan. The meeting was opened with the Pledge of Allegiance and a moment of silence. None of the Commissioners requested that any of the Consent Items be removed for discussion. Minutes - February 12, 20 and 26, 1990 It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the minutes of the regular meetings of February 12, February 20 and February 26, 1990 be approved as amended. The motion carried by the following Aye and No vote: those vot- ing Aye being Commissioner Goehrung, Commissioner Frost, Commissioner Swanson, Com- missioner Knapp and Mayor Hawks; those voting No, none. Open bids - three 1990 four-door sedan police cars (CIP) This was the time and place set for opening of bids for three 1990 four-door sedan pol ice cars. The City Manager reminded the Commission that funding for this purchase is to be through the Capital Improvement Program budget. The Affidavit of the Call for Bids was presented. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the bids be opened and read. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Swanson, Commissioner Knapp, Com- missioner Goehrung and Mayor Hawks; those voting No, none. The following bids were opened and read aloud: Base bid/each Total bid Stetson Ford Big Timber. Montana $14,000.00 $42,000.00 Bozeman Ford Bozeman, Montana $13,666.00 $40,998.00 In response to a question from Commissioner Goehrung, Acting Police Chief Dick Boyer stated that Ford is the on Iy manufacturer making a front-wheel drive car with a po- lice package this year; and therefore, was the only manufacturer that could meet the speci- fications as written. 03-05-90 , I , - 2 - It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the bids be referred to staff for review and a recommendation to be submitted at next week's meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung, Commissioner Frost and Mayor Hawks; those voting No, none. Ordinance No. 1302 - amendin nation from AS to RS-l on COS No. 673, located in the W , PM City Manager Wysocki presented Ordinance No. 1302, as approved by the City At- torney, entitled: ORDINANCE NO. 1302 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING THE ZONING DISTRICT DESIGNATION FROM AN "AS" (AGRICULTURAL SUBURBAN) TO AN IIRS-l" (RESIDENTIAL-- SUBURBAN COUNTRY ESTATES, ONE-ACRE MINIMUM) DISTRICT ON CERTIFICATE OF SURVEY NO. 673, LOCATED IN THE WEST ONE-HALF OF THE EAST ONE-HALF OF SECTION 20, TOWNSHIP 2 SOUTH, RANGE 6 EAST, MONTANA PRINCIPAL MERIDIAN. The City Manager reminded the Commission that they had provisionally adopted this ordinance at their regular meeting of February 12, 1990. He noted the subject property is a 160-acre parcel owned by Cene Cook. He then recommended final adoption of the ordi- nance at this time. It was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that the Commission finally adopt Ordinance No. 1302, amending the zoning designation from AS to RS-l on Certificate of Survey No. 673. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Goehrung, Commis- sioner Frost, Commissioner Swanson and Mayor Hawks; those voting No, none. Setting of public hearing for proposed interim zoning ordinance amendments City Manager Wysocki submitted to the Commission a memo from Planner Ron Brey providing a progress report on finalization of the zone code. He noted that in that memo, the Planner indicates that the staff has incurred some problems in administering the inter- im zoning ordinance which the Planning Board sub-committees feel should be addressed im- mediately. Planning Director Epple stated that attempts to administer the interim zoning ordi- nance have revealed that the use lists for the various zones are different enough from the use lists contained in the old zone code that they should receive immediate attention. He noted that the sub-committee would suggest that a combining of the use lists contained in the old and new codes is appropriate. The Planning Director stated another section which should be addressed immediately 03-05-90 i I f - 3 - is the section setting forth the procedure for re-use of existing facilities. He noted that under the interim zoning ordinance, re-use of existing structures must be reviewed through the major site plan process; and a more expeditious method would be appropriate. The Planning Director then stated the third item which should be amended under the interim zoning ordinance is the zoning designation on the 7-acre tract which was just annexed for the Evangelical Church. He noted the subject parcel is currently zoned Ag- ricultural Suburban; and the appropriate residentia I zoning should be implemented so the church may proceed with its plans for development. He reminded the Commission that the subject property is located along the west side of South 19th Avenue, just south of the Montana State University property. Planning Director Epple stated that the remainder of the memo provides the Commis- sion with an update on the work being conducted by the various sub-committees of the City-County Planning Board. He then recommended that the Commission set a public hear- ing for March 19 to consider the three amendments to the interim zoning ordinance which he outlined above. Mayor Hawks noted that two Commissioners plan to be absent from that meeting, questioning whether the public hearing should possibly be delayed for one week. Following discussion, it was determined that, given the Commission's upcoming schedule, the public hearing could be conducted on March 19 with a decision to be made at the March 26 meeting. Commissioner Swanson asked about feedback from the letter contained under "FYI Items" in the Commissioners' packets which was sent to all owners and users of portable signs. He noted that he counted fifteen signs along West Main Street last weekend, ten lighted and five unlighted. Planning Director Epple stated that a few people have responded to the office, many of them to seek clarification of the new zoning regulations pertaining to transportable (portable) signs. He then highlighted the procedure that will be followed for enforcement of the new regulations, noting that a physical survey will be conducted, after which an- other letter will be sent to the owner or user of the sign. Fai lure to comply with that let- ter will result in the issue being submitted to the City Attorney for legal action. I n response to a question from Commissioner Goehrung, the Planning Director stated that the requested amendments should be made immediately so the interim zoning ordinance can be administered in a more expeditious manner, and so it does not create unnecessary hardships for those who wish to begin developments this spring. He then indicated that the City Attorney has assured staff that the interim zoning ordinance may be amended following the same procedure that was utilized for its adoption. Responding to another question from Commissioner Goehrung, the Planning Director 03-05-90 . i I - 4 - indicated that the Planning Board intends to conduct a couple of informational sessions on the new zone code prior to conducting its official public hearing on that document. He noted after that process is completed, the City Commission then must conduct a public hear- ing on the finalized document prior to adopt/on. It was moved by Commissioner Goehrung, seconded by Commissioner Frost that the Commission set March 19, 1990 at 7:00 p.m. as the time for conducting a public hearing on amendments to the interim zoning ordinance, including revisions to the use lists, revision of the review process for re-use of existing facilities, and rezoning of the parcel recently annexed for the Evangelical Church. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Frost, Commissioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No, none. Ordinance No. 1304 - adopting by reference the Model Energy Code, 1986 Edition City Manager Wysocki presented Ordinance No. 1304, as approved by the City At- torney, entitled: ORDINANCE NO. 1304 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING BY REFERENCE THE MODEL ENERGY CODE, 1986 EDITION; PROVIDING A PENALTY FOR VIOLATION THEREOF; AND RE- PEALING ORDINANCE NO. 1246. The City Manager reminded the Commission that this ordinance was provisionally adopted on February 20, 1990 and recommended that it be finally adopted at this time. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Commission finally adopt Ordinance No. 1304, adopting by reference the 1986 Edition of the Model Energy Code. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung and Mayor Hawks; those voting No, none. Ordinance No. 1305 - adopting b};' reference the Uniform Fire Code and Uniform Fire Code Standards, 1988 Edition, and Article 80 of the 1989 Interim Edition thereof City Manager Wysocki pr,esented Ordinance No. 1305, as approved by the City At- torney, entitled: ORDINANCE NO. 1305 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, ADOPTING BY REFERENCE THE UNIFORM FIRE CODE AND UNI- FORM FIRE CODE STANDARDS, 1988 EDITION, AND ARTICLE 80 OF THE 1989 SUPPLEMENT THEREOF; AMENDING SECTION 1 OF ORDINANCE NO. 1208; AND PROVIDING A PENALTY FOR VIOLATION THEREOF. The City Manager reminded the Commission that this ordinance was provisionally adopted on February 20, 1990 and recommended that it be finally adopted at this time. It was moved by Commissioner Swanson, seconded by Commissioner Knapp, that the 03-05-90 - -~- ...__._._-----~ , I i 3 "- 5 - Commission finally adopt Ordinance No. 1305, adopting by reference the 1988 Edition of the Uniform Fire Code and Article 80 of the 1989 Supplement. The motion carried by the fol- lowing Aye and No vote: those voting Aye being Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung, Commissioner Frost and Mayor Hawks; those voting No, none. Commission Resolution in the Board of nvestments I R City Manager Wysocki presented Commission Resolution No. 2781, as reviewed by the City Attorney, entitled: COMMISSION RESOLUTION NO. 2781 A RESOLUTION RELATING TO THE BOARD OF INVESTMENTS' INTERCAP PROGRAM; APPROVING AND AUTHORIZING PARTICIPATION THEREIN AND APPROVING THE COMMITMENT AGREEMENT. The City Manager noted that a memo from the Administrative Services Director was included in the packet. He noted that this resolution authorizes submittal of the necessary paperwork for a $183,000 loan through the Board of I nvestments' I NTERCAP to fund four projects contained In this year's capital improvement program. He indicated the anticipated interest rate is 7.5 percent for the fi tst year. In response to a question from Commissioner Knapp, Administrative Services Direc- tor Gamradt indicated there is no limitation on how much the interest rate may vary on loans issued under this program. He indicated that, historically, the interest rate has been approximately 3/4 of one percent below what the City earns on its Investments. He then indicated that the interest rate is based on the interest rates at which the State is able to sell its bonds for this program. In response to a question from Commissioner Swanson, the Director stated that mon- ies are borrowed through this program only for those items which have a useful life of at least five years, since that is the maximum length of the loan. He noted that the cash po- sition of the fund for which the monies are to be borrowed is also considered in making a determination on whether to borrow.' Responding to Commissioner Frost, the Director indicated that if the cost of the " four projects listed is less than the projected $183,000, the lesser amount wi II be bor- rowed. Administrative Services Director Gamradt stated that the City borrowed monies through this program to purchase the IBM System/38 computer; and the final payment on that loan was made this past month. He noted that monies were also borrowed for reno- vation to the Swim Center; and the City Is still repaying those monies. He then indicated that the interest rates for this program jumped dramatically during the past year; howev- 03-05-90 '-',.... , j , - 6 - er, 'they are still lower than the City's return on its investments. The Administrative Services Director stated there is a $500,000 limit on borrowing for anyone Item through this program. He then indicated that he has received an affir- mative response to his question of whether these monies could be utilized for extension of Kagy Boulevard, which is estimated at $450,000. It was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that the Commission adopt Commission Resolution No. 2781, approving and authorizing participa- tion in the Board of I nvestments'l NTERCAP and approving the Commitment Agreement. The motion carried by the following Aye and No vote: those voting Aye being Commission- er Knapp, Commissioner Goehrung, Commissioner Frost, Commissioner Swanson and Mayor Hawks; those voting No, none. Discussion - setting of new time for City Commission meetings City Manager Wysocki stated the Commission had requested this item be placed on the agenda. Commissioner Frost stated that two weeks ago, he gave the Commission a memo in- dicating that 4:00 p.m. Is the earliest he will be able to attend Commission meetings, be- ginning March 26. Mayor Hawks asked the Commissioner If he has researched his options, suggesting the possibility that he obtainauthori.zation to leave by 2:00 p.m. on Mondays, with those hours to be made up by working one-half hour longer on the other four days. He sug- gested another possibility might be to extend the student teaching portion for a day or two longer to cover the days he left early. Commissioner Frost indicated that making up of time is allowed; however, he is not certain it could be done on such, a regular basis.: He then indicated that during spring quarter, he will be attending classes Is the morning and doing his para from noon to 4: 00 p.m. each day. He noted, ho~ver, he could leave at 3.:30 p.m. on Mondays. He indicat- ed that the teacher leaves at 4:00 p.m., so it would not do him any good to stay an extra half-hour to make up time.; and.the school schedule ends on a specific date, so he could not stay a few extra days. The Commissioner then stated that during winter quarter he will be student teaching; and he must remain in the classroom until 3:30 p.m. City Manager Wysocki cautioned the Commission that during their discussion of this item, they should consider the staff that would be required to stay late or come back for agenda items. Commissioner Swanson suggested that Commission meetings be set for 4:00 p.m., with the meeting to be recessed at 6:00 p.m. and reconvened at 7:00 p.m. if necessary. Commissioner Knapp indicated that suggestion is practical; however, she expressed 03-05-90 . - 7 - concern that a one-hour dinner hour Is very short. Commissioner Goehrung noted that Commission meeting time is a topic of discussion Immediately after every election. He then suggested that the Commission consider the pos- sibility of conducting two or three official meetings each month, with the remainder being work sessions. He also noted that agenda items requiring staff participation should be scheduled during regular business hours whenever possible. Mayor Hawks noted that the time for Commission meetings has been changed several times over the past few years; and it does not seem to increase public participation. He then suggested the possibility of beginning work sessions at 2 :00 p.m., with formal Com- mission meetings to begin at 4:00 p.m. He noted that the Commissioners' efficiency begins to drop later in the day, particularly when many of them have begun work at 8:00 a.m. The Mayor noted that when Commission meetings have been conducted at a reasonably con- sistent time over a long period of time, the public makes the necessary adjustments to at- tend those meetings. He expressed concern that changing the meeting time every few months can cause confusion for the public. City Manager Wysocki suggested the alternative of conducting two Commission meet- ings each month, beginning at 7:00 p.m. with public hearings followed by routine business items. Mayor Hawks then solicited comments from those in the audience and the City staff members present. Mr. Mike Ward indicated that he has seen many different Commission meeting times over the past few years; and the 2 :00 p.m. meeting time on Mondays seems to be the best. He then observed that only one Commissioner will have trouble with meetings set at that time. Commissioner Goehrung suggested, to address various concerns that have been raised, the possibility of beginning Commission meetings at 3:30 p.m., recessing at 5:30 p.m. and reconvening at 7:00 p.m. if necessary. He noted that Commissioner Frost can then take whatever steps are necessary to be present at the beginning or plan on missing the first few agenda items. He noted if the Commissioner has concerns about one of the first agenda Items and will be late, he can express those concerns to the Clerk, and have discussion on the item delayed until he arrives. It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the Commission change the time for Commission meetings to 3:30 p.m. every Monday, effective March 26, and direct staff to prepare a resolution for action at next week1s meeting. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Frost, CommIssioner Swanson, Commissioner Knapp and Mayor Hawks; those voting No, none. 03-05-90 . - 8 - Proclamation - "Camp Fire Birthday Week" - March 12-18, 1990 City Manager Wysocki stated this item would have been listed under the consent items; however, leaders and members of the Camp Fire organization are present for this agenda Item. Mayor Hawks read the proclamation to those in attendance, after which he signed it. Commissioner Knapp noted she is the only member of the Commission who was a member of Camp Fire. She then thanked those who attended to represent the orga- nization, which has remained viable. The three members of Camp Fire who were present distributed to the Commissioners copies of their latest newsletter. It was moved by Commissioner Frost, seconded by Commissioner Swanson, that the Commission concur in the Mayor's proclamation. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Swanson, Commis- sioner Goehrung and Mayor Hawks. Commissioner Knapp abstained. Discussion - FYI Items City Manager Wysocki presented to the Commission the following "For Your lnforma- tion" items. (1) A copy of a letter from the Planning office sent to all owners and users of portable signs. The City Manager noted this letter was included in the packets in response to a question from Mayor Hawks. In response to a question from Mayor Hawks, the Planning Director indicated that staff will survey the community next week to determine if all portable signs have been turned off. If any signs are found to be In use, another letter will be sent after which legal action will be pursued. The Planning Director stated he feels this is an appropriate procedure, allowing those with signs adequate time to unplug them. (2) Portions of two pages from an agreement with the Montana Highway Traffic Safety Division, which provides the City a $6,000 grant for software to automate the re- cords in the Police Department. The City Manager stated that Acting Police Chief Boyer pursued this grant diligent- Iy, encouraging the Commissioners to thank him. (3) A copy of a letter to Mayor Hawks from the Department of Commerce for- warding contracts for CDBG monies for lattice Materials Corporation and CVR Oak De- signs. The City Manager noted that the Mayor will be signing these contracts so that those 03-05-90 . - 9 - loan programs can begin. (4) The City Manager distributed copies of a letter he received from Mr. Glenn H. Lehrer, Associate Professor of Civil and Agricultural Engineering, thanking four of the City's staff members for their contributions to a workshop for his class. (5) The City Manager distributed copies of the advertisement which appeared in Sunday's edition of the Bozeman Daily Chronicle seeking input for the City's goals process for the upcoming fiscal year. (6) The City Manager submitted his weekly report as follows. (1) He Is expect- ing communication from Mr. Glen McDonald, DNRC, in response to the questions raised by the City about the Hyalite Dam project. (2) He and Miral met with the local ad hoc com- mittee concerning implementation of HB703, providing for reappraisal of properties. He noted it appears that the decision-making powers will be removed from local authorities un- der proposed implementation procedures . (3) He began review of the State statutes per- taining to local gas tax options to determine whether legislative changes should be pursued during the upcoming session. (4) He attended the MMIA Board meeting in Helena on Fri- day. Issues discussed included a health insurance program and issuance of bonds for capitalization of the Workers' Compensation program. (5) He met with the Senior Citizens Advisory Council to discuss revision of the structure of that organization; and a resolution will be forthcoming on next week1s agenda. (6) Discussion of the curbside recycl ing pro- gram has been put on hold until a response has been received from the Public Service Commission. (7) Construction has begun on the vestibule for the Police Department. The project should save energy costs and provide more safety for personnel, since it will cut down visibility from the street. (8) The time for staff meetings has been changed to 9: 00 a.m. on Tuesdays, with Development Review Committee meetings to begin at 10:00 a.m. ev- ery Tuesday. Mayor Hawks asked if pU,bllc notice Is to be given for the DRC meetings. The City Manager responded that under the interim zoning ordinance, the DRC must meet every week, even if there Is no project scheduled for review. He stated it is his intent to propose that a deadline of noon on Friday be established for submittal of in- formation for projects to be considered at the following Tuesday's meeting, so staff has an opportunity to review it prior to the meeting. He noted that if that process is followed, the meeting can also be listed in the newspaper. The City Manager then expressed con- cern about the requirement to meet every week, particularly if no projects are scheduled for consideration. (7) Commissioner Goehrung stated he will be absent from the Commission meeting of March 19. (8) Commissioner Frost distributed to the Commissioners copies of his list of 03-05-90 . . -, - 10 - goals, recognizing that he Is submitting them early. Mayor Hawks reminded the Commissioners that their lists of goals are due in the Clerk of the Commission's office by noon on Thursday. (9) Commissioner Swanson stated he will also be absent from the meeting of Ma rc h 1 9 . (10) Commissioner Swanson; stated he attended g meeting on preventing chi Id abuse on Thursday. He noted -he had 'an opportuntty to discuss the Bozeman viewshed is- , ," t , - '~" A. sue with Attorney General Mark Racicot just prior to the meeting; and the Attorney Gener- al appears interested in obt~in.i?9 m9r, '..information on the subject. . ' , , . ( 11) Commissioner Knapp sfated she attemded the Government Affairs Committee meeting last week, noting that Laurie Shadoan gave an update on the Montana Tax Reform Coalition activities. Also, the formation of a North Seventh Avenue group was discussed in response to expressed Commission concerns. (12 ) CommIssioner Knapp stated she attended the annual Broad Valleys Federation of Libraries retreat over the weekend. She highlighted two seminars, one on confidential- ity of records .and one on fundraislng, noting they were informative. (13 ) Mayor Hawks stated Ms. Nancy Griffin contacted him this past week with some additional background information regarding the Jack Creek proposal. (14 ) Commissioner Goehrung stated that on Saturday, March 10, there will be an open community arts meeting; however, he does not know the time or location. He noted this meeting is designed to provide background information on the different arts groups located in the community. (15) Commissioner Knapp requested that the Commission receive copies of the min- utes for the Board of Adjustment meetings. Planning Director Epple noted It Is his understanding that the Commission would like to receive copies of the Planning Board minutes as well. He then asked if they would like copies of the minutes from the Transportation Coordinating Committee meetings as well. Mayor Hawks stated he feels that receiving copies of the minutes for all of the vari- ous committees is one way of distributing information, ensuring that all of the Commission- ers remain informed. (16 ) Commissioner Knapp expressed concern about the amount of computer paper which the Commission receives. She then asked If it would be pOSSible for the Commis- sioners to receive only the alphabetized list of claims, eliminating the departmental listing. Commissioner Knapp noted that on the monthly budget reports, it would be benefi- cial to include the number of FTE's for each budget unit. The City Manager indicated he will submit these questions to the Administrative Services Director. He then indicated that the staff does stack used computer paper; and 03-05-90 "'---~----- . . , - 11 - it is collected by an outside organization for recycling. Consent Items City Manager Wysocki presented to the Commission the following Consent Items. Proclamation - "Save Your Vision Week" - March 4-10, 1990 Authorize Ma or to si n - letter of res onse to Mr. Donald J. Kreitz aims It was moved by Commissioner Swanson, seconded by Commissioner Knapp, 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 Swanson, Commissioner Knapp, Commission- er Goehrung, Commissioner Frost and Mayor Hawks; those voting No, none. Recess - 3:52 p.m. Mayor Hawks declared a recess at 3:52 p.m., to reconvene at 7:00 p.m. for the purpose of conducting the scheduled public hearing. Reconvene - 7:00p.m. Mayor Hawks reconvened the meeting at 7: 00 p. m. for the purpose of conducting the scheduled public hearing. This was the time and place set for the public hearing on the Conditional Use Per- mit requested by Ken LeClair to allow development of a four-structure professional office Planned Unit Development on Lot 2 of Minor Subdivision No. 28. The subject property is more commonly located at the northeast corner of the intersection of South 19th Avenue and West Dickerson Street and Is more commonly known as 1805 West Dickerson Street. Mayor Hawks opened the public hearing. Planner Dave Skelton presented the staff report. He informed the Commission that this is the last application which staff will process under the old zone code. The Planner stated that the City-County Planning Board, following its public hearing on this applica- tion, recommended approval subject to thirteen conditions. The Planner stated that this application is for a major planned unit development, which includes four professional office buildings, and is to be constructed in four phases. The first phase is to include construction of one building In the area closest to the intersection; and that building is to house the ERA Landmark Realty offices. The subse- quent three phases, which will be comprised of one building each, will be completed over 03-05-90 . . - 12 - the next three to four years. Planner Skelton stated that during the public hearing before the Planning Board, the applicant expressed concern about the condition requiring that a fire hydrant be in- stalled within the project, in a central location to all four buildings. He noted that in- cluded in the Commissioners' packets was a memo from the Planning staff indicating that a conversation with the Fire Marshal revealed that, under the Uniform Fire Code, If any portion of a building is in excess of 150 feet from a water supply on a publiC street, an on-site fire hydrant must be provided. The Planner noted that in this instance, portions of two of the buildings are located more than 150 feet from the three fire hydrants located along the street in the Immediate area. Planner Skelton stated another issue discussed at the Planning Board meeting con- cerned clarification of the signage for the project. He noted that Condition No.7, as rec- ommended, provides for all signage within the entire project and ensures that the signage will meet the requirements of the new sign ordinance. Commissioner Swanson asked if there Is any way to ensure that the construction of the two buildings along the south edge of the property will not interfere with the signal to the satellite dishes which were just installed at the Farm Bureau building, which abuts this project on the south. Planner Skelton indicated there is no provision in the code to ensure there will be no interference with the satellite dish. He noted. the only requirement under the interim zoning ordinance concerns buffering of satellite dishes from adjacent residential zoning dis- tricts. Planner Skelton reminded the Commission that all four buildings are included in this one planned unit development. He noted that the off-street parking provided will limit the size of the buildings which are constructed, since the staff will keep a running tab of the parking spaces remaining with the construction of each building. Commissioner Frost noted the Information contained in their packets included draw- Ings of the signs to be installed, along with the sizes of those signs. He then asked if the signs can be revised following approval of the application or if it will be necessary for the applicant to seek a modification. Planner Skelton responded that, as long as the proposed sign is in compliance with the zoning regulations, any modifications may be accomplished through an in-house review. In response to a question from Commissioner Frost, the Planner stated that the landscaping requirements for this project under the old zone code exceed the landscape requirements under the interim zoning ordinance. Mr. Mike Money, ERA Landmark, representing the applicant, stated the firm has been seeking a site for over two years, and feels the subject site is the best location. He 03-05-90 . . . ., - 13 - ~ stated that with the new facility, the firm plans to hire additional personnel and provide additional services. Mr. Money stated the applicant felt It was Important to construct several smaller bui ldings rather than one large building, in character with the R-O, Residential-Office, zoning designation. He noted the footprints, as shown on the site plan, are for single- story buildings along the southern property line and one and one-half story buildings on the northern portion of the property. He noted the low buildings should not interfere with the signal for the satellite dishes which have been installed at the Farm Bureau build- ing. Mr. Money stated that the buildings will be constructed with pitched roofs; and low- profile signage will be used. Mr. Money then stated that the number of off-street parking stalls exceeds the re- quirements of the 'zone code, noting that 1 parking space is being provided for every 200 square feet of gross floor area, while the code requires 1 parking space for every 250 square feet of net floor area. He indicated that the appropriate setbacks are being provided to meet the requirements of the interim zoning ordinance as well as the old zone code, under which this application is being reviewed. Mr. Money then stated that Mr. LeClair has discussed the fire hydrant issue with Fire Marshal Figgins; and he is willing to install the fire hydrant since it is a requirement of the Uniform Fire Code. In response to a question from Commissioner Swanson, Mr. Money stated that drain- age will be routed to the southeast and southWest corners of the property, where it will be detained or possibly released into the Farmer's Canal. ~ Ms. COI vI Quanbeck, representing the Farm Bureau bui lding, distributed to the Commission sketches of the floorplan and pictures of the building. She noted that the building is constructed four feet below grade; and they are concerned about snow removal and storage, and water run-off. She requested that representatives of the building be In- volved in discussions concerning run-off to ensure the building is protected. Ms. Quanbeck also raised the issue of possible interference with the signal for the satellite dishes. Mr. Mike Money stated that diverting any run-off to the extreme southeast and southwest corners of the property will divert it away from the building, which is con- structed basically along the center of the applicant's lot. He stated the Director of Public Service has suggested that some of the parking spaces be eliminated along the southwest corner to provide a larger retention area. He then noted that he had indicated earlier that single-story buildings are anticipated along the property line. He noted this will minimize impacts on adjacent property; and the rental market Is better for street-level pro- fessional office space than for second-floor office space. 03-05-90 . . &' , . -------- ~ - 14 - Ms. .Cal"51 Quanbeck asked where the dumpster is to be located. Mr. Money re- sponded it will be located behind a landscape'd'berm between the two southern buildings, so it is not visible from the Farm Bureau building or from the street. In response to a question from Mayor Hawks, Mr. Money stated the applicant is willing to accept the thirteen conditions as recommended by the City-County Planning Board. In response to a question from Commissioner Goehrung, Mike Money reiterated that single-story buildings are anticipated along the southern property line. He noted if a tail- er building is constructed, It will also be smaller due to the square footage limitations cre- ated by the number of off-street parking spaces provided. He noted this will also create more open space along the property line. Mr. Money then stated that the site could ac- cept 20,000 square feet of office space under the zone code; however, he anticipates that 19,000 or maybe even 17,000 square feet wiH actually be constructed. In response to a quest/on from Mayor Hawks, Mr. Money stated the easement along the east side of the property is for an irrigation ditch. In response to questions from Commissioner Knapp, Mr. Money stated that after the first building is completed, Mr. LeClair plans to construct one building in each eighteen- month period thereafter, as allowed under the conditional use process. He noted that if the ma rket allows, the tlmeframe wi II be shortened. He then indicated that landscaping and parking wi II be installed at the time each building is constructed, thus minimizing damage to those improvements as the construction work is done. In response to a concern raised by Commissioner Goehrung, Planner Skelton stated that one of the conditions for approval is that the drainage plans must be approved by the Director of Public Service. In response to a question from Mayor Hawks, the Planner stated that staff dis- cussed drainage from the site with representatives from Farmer's Canal. He noted that it is the intent of the Director of Public Service to retain all drainage water on-site. No one was present to speak in opposition to the requested conditional use permit. Mayor Hawks closed the public hearing. It was moved by Commissioner Knapp, seconded by Commissioner Goehrung, that the customary one-week waiting period be waived. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Knapp, Commissioner Goehrung, Commissioner Frost, Commissioner Swanson and Mayor Hawks; those voting No, none. It was moved by Commissioner Goehrung, seconded by Commissioner Frost, that the Commission approve the Conditional Use Permit requested by Ken LeClair to allow development of a four-structure professional office planned unit development on Lot 2 of Minor Subdivision No. 28, subject to the following conditions: 03-05-90 -'--- -----------'------ ._..._~ . . ~ ~.. - 15 - 1. That the site plan provide a landscape legend showing total number of plants and trees, by common names, and estimated sizes at time of installation and at maturity, that the site plan indicate the percent of building coverage, and percent of site to be landscaped prior to final site approval; 2. That snow removal storage areas and frost-free hose bibs be des- ignated on the final site plan prior to final site plan approval; 3. That the water and sewer "service linesll be City owned and main- tained and located within dedicated 30-foot utility easements, and that the utility easements be flied and recorded at the Gallatin County Clerk and Recorder's Office prior to final site plan approval; 4. That the property owner of record shall file with the Gallatin County Clerk and Recorder a waiver of rlght-to-protest creation of an S. I. D. for improvements to South 19th Avenue to one-half of a residential street for paving, curb and gutter, sidewalk and storm drainage pri- or to final site plan approval; S. That portions of the off-street parking lot along the easternmost end be eliminated to allow for adequate storm drainage, and that it be re- viewed by the City Engineer prior to final site plan approval; 6. That all public improvement plans and grading and drainage plans be submitted by a certified engineer for review and approval by the City Engineer prior to final site plan approval; 7. That signs for the project be limited to facade-mounted business iden- tification signs, one free-standing directory sign, and one free- standing project/main entrance sign, and that all types of signs, to include any proposal for lighting, be noted on the site plan prior to final site plan approval; 8. That the site plan comply with Chapter 18.52 regarding landscaping and buffering of off-street parking lots and that it be reviewed and approved by the Planning Oirector prior to final site plan approval; 9. That an on-site fire hydrant be provided and that the north end of the off-street parking lot be designed to accommodate adequate turn- Ing radius for emergency vehicles, and that the location of the on-site fire hydrant and redesign of the off-street parking lot be identified on the site plan for review and approval by the Fire Mar- shal prior to final site plan approval; 10. That adequate off-street parking be provided for each phase of the planned unit development, and that a running log of available off- street parking spaces for each phase be kept prior to Issuance of any building permit; 11. That three copies of the final site plan containing all the conditions, corrections, and modifications approved by the City Commission shall be submitted for review and approval by the Planning Director within six months of the date of City Commission approval. A final site plan must be approved prior to the issuance of a building permit of busi- ness license for the project, or commencement of the use. One signed copy shall be retained by the Planning Director, one signed copy shall be retained by the Building Department, and one signed copy shall be retained by the applicant; 12. I f all improvements are not installed prior to final site plan approval, the applicant shall enter into an improvements agreement with the City. Detailed cost estimates, construction plans, and methods of se- curity shall be made a part of the Agreement; 13. If occupancy of the structure or commencement of the use is to occur prior to Installation of the Improvements, the agreement must be secured by a method of securIty equal to one and one-half times the amount of the cost of the scheduled improvements. The motion carried by the following Aye and No vote: those voting Aye being Commissioner Goehrung, Commissioner Frost, Commissioner Swanson, Commissioner Knapp and Mayor 03-05-90 - ,,~- , .. . " . .. - 16 - Hawks; those voting No, none. Adjournment - 7:35 p.m. There being no further business to come before the Commission at this time, it was moved by Commissioner Frost, seconded by Commissioner Swanson, that the meeting be ad- jou rned . The motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner Swanson, Commissioner Knapp, Commissioner Goehrung and Mayor Hawks; those voting No, none. 03-05-90