HomeMy WebLinkAbout2002-06-10 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
June t 0, 2002
The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal
Building, on Monday, June 10, 2002, at 3:00 p.m. Present were Mayor Steve Kirchhoff (for the evening
session only), Commissioner Lee Hietala, CommissionerJarvis Brown, CommissionerAndrew Cetraro, City
Manager Clark Johnson, Director of Public Service Debbie Arkell, Planning Director Andy Epple, Staff
Attorney Patricia Day-Moore and Clerk of the Commission Robin Sullivan. Commissioner Marcia Youngman
was absent and Mayor Kirchhoff was absent for the afternoon session.
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.
Authorize absence of Commissioner Younqman from this meeting and Mayor Kirchhoff from the
afternoon session
It was moved by Commissioner Brown, seconded by Commissioner Hietala, that the absence of
Commissioner Youngman from this meeting and the absence of Mayor Kirchhofffrom the afternoon session
be approved. The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Brown, Commissioner Hietala and Mayor Pro Tempore Cetraro; those voting No, none.
Minutes - January 18, 2000, and May t 3, May 20, May 28, and June 3, 2002
It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the minutes of the
meeting of June 3, 2002, be approved as submitted. The motion carried by the following Aye and No vote:
those voting Aye being Commissioner Hietala, Commissioner Brown and Mayor Pro Tempore Cetraro; those
voting No, none.
Mayor Pro Tempore Cetraro deferred action on the minutes of the meetings of January 18, 2000,
and May 13, May 20 and May 28, 2002, to a later date.
Consent Items
City Manager Johnson presented to the Commission the following Consent Items.
Proclamation - "Trails Day" - June 1 $, 2002
Authorize Mayor to siqn - Findinqs of Fact and Order for Valley West PUD
Subdivision, Phase 1 (subdivide 31.21 acres described as portions of Tracts
1 and 2, Block 1, Valley West Subdivision, into 73 lots for mixed residential
housing and 7 lots of open space, with relaxation of standards) (P-0136)
Authorize City Manager to sign - Contract Agreement with DiSanti Construction,
Bozeman, Montana, for 2002 Miscellaneous Curb Replacements
Approval of final plat for Valley West PUD Subdivision, Phase 'IA (subdivide property
at northwest corner of intersection of West Babcock Street and Ferquson
Avenue into Lots 35 through 55 plus remainder lots) (portions of Tracts I and
2, Block 1, Valley West Subdivision) (P-02020)
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Claims
It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Commission
approve the Consent Items as listed, and authorize and direct the appropriate persons to complete the
necessary actions. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Hietala, Commissioner Brown and Mayor Pro Tempore Cetraro; those voting No, none.
Recognition of City staff
Director of Public Service Debbie Arkell made a public presentation of the innovator award which
Street/Sanitation Superintendent Roger Sicz received from Recycle Montana last month. She noted that
this award was made to Superintendent Sicz in recognition of his position with the City of Bozeman as well
as his position as Vice Chair and co-founder of Headwaters Recycling, which was started in 1997. She
noted that he has consistently worked to find ways to further improve glass recycling and to find markets
for new commodities, and he has been an inspiration with the composting facility.
Superintendent Sicz thanked the City Manager and the City Commission for supporting recycling
in Bozeman, noting that last year saw a 41-percent increase in recycling at the drop-off sites. He also noted
that the large increase in compost, from 2,000 tons to 5,300 tons last year, was largely due to the June
snowstorm.
Presentation - proposal for public transit study - Brian Close
Included in the Commissioners' packets was a proposal for a task force on transportation to submit
a recommendation back to the Commission in ninety days.
Mr. Brian Close distributed a listing of dates and issues for the Commission to consider. He noted
that the Westem Transportation Institute is planning to host a conference at Montana State University on
July 26, which will include several transportation experts. He invited the Commissioners to attend that
meeting, noting that doing so will quickly bring everyone up to speed on the issue of public transit. He
cautioned that if the Commission decides to move forward with a transit district and public funding is
needed, a resolution to place the measure on the ballot in November must be adopted and submitted to the
Clerk and Recorder's Office no later than August 21. He noted that recent legislative changes to this
section of the State statutes will require an opinion from the City Attorney prior to submittal of a report from
the task force.
Ms. Lisa Ballard, research engineer with Western Transportation Institute (WTI), distributed copies
of a power point presentation forwarding their proposed approach to start-up of a Bozeman area transit
system. She stated that VVTI is associated with Montana State University and has a lot of experience in
traffic engineering. She noted they also have access to resources throughout the state and the country for
development of transit systems.
Responding to Commissioner Brown, Ms. Ballard stated it is important for ASMSU to be represented
in the process of developing a proposed transit district because they hope to roll the Bobcat transit and its
funding into the district. She also noted that people with disabilities should be represented on the task force.
Mr. Brian Close suggested that the Commission could appoint the task force from the applicant pool
currently available, with ex officio members being added to represent other sectors at a later date. He
cautioned that the timetable he has suggested is quite aggressive, particularly in light of looming deadlines
regarding funding options. He stressed that those involved in GalaVan have quite extensive experience
in providing public transportation and dealing with federal programs.
Responding to City Manager Johnson, Mr. Close stated he feels the creation of a task force is a
good idea. He asked that the Commission provide the task force with a budget of $1,200 to $1,500 for
travel to other communities, set aside July 26 to attend the conference sponsored by the Western
Transportation Institute, and request the City Attorney's opinion on the statutory requirements for the
creation of a transit district as soon as possible.
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Ms. Lisa Ballard stated that the Montana Department of Transportation may have some monies
available for purchase of equipment within the next year, and a transit district must be created quickly to
take advantage of those monies.
The Commission thanked Mr. Close and Ms. Ballard for their presentation.
Appointment of transit task force
Included in the Commissioners' packets was a memo from Clerk of the Commission Sullivan, dated
June 6, forwarding the applications for the transit task force.
Mayor Pro Tempore Cetraro suggested that, in light of the fact that several groups are not
represented in the applications submitted to date, these appointments be delayed for a period of one week.
City Manager Johnson proposed that, since these appointments have already been advertised, the
Commissioners recruit applicants during the upcoming week, so appointments can be made at next week's
meeting.
Informal review - proposal to renovate portion of Case¥'s Corner .qas and convenience store,
located on Lot 1 of Valley Commons Business Park, to add a self-contained 14-unit "~amin.q room"
with on-premise beer and wine (Coyote Grill)
Included in the Commissioners' packets was a memo from Assistant Planner Susan Kozub, dated
May 20, forwarding an informal proposal to renovate a portion of Casey's Corner and add a 14-unit "gaming
room" with an on-premise beer and wine license.
Assistant Planner Kozub presented the staff report. She stated that if the Commission feels this
application is appropriate, an amendment to the Valley Commons Planned Unit Development would be
required, followed by a Conditional Use Permit. She indicated that staff does not support this informal
application because a gaming room does not meet the intent of either the Valley Commons PUD or the
Business Park zoning district, and because staff does not feel the on-premise sale of beer and wine in
conjunction with the sale of gasoline is appropriate. She then asked for Commission direction on those two
staff policies as well as feedback on this specific proposal.
Responding to Commissioner Brown, the Assistant Planner stated that gas stations can sell beer
and wine for off-premise consumption. To do so, a business must pursue both a conditional use permit
through the City and a liquor license through the State, and may do so concurrently. She noted that
Planning staff works closely with staff from the State of Montana Department of Revenue to ensure that the
requirements of both processes are fulfilled before a license is issued.
Ms. Leah Shute, Apogee Architects, stated that under this proposal, the portion of the existing
Casey's Corner that currently houses a sandwich shop with tables would be converted into a gaming room
with on-premise beer and wine. She stressed that this portion of the structure would be accessed through
a separate entrance that already exists. She indicated that there would be no direct connection between
the convenience center and the gaming room, and an existing on-premise license would be transferred to
this location. She then noted that, within the Valley Commons PUD, there are provisions to allow this type
of use on Lots 7, 8 and 9, which are immediately across Valley Commons Drive from the subject property.
Lot 7 now houses a bank, and a building is being constructed on Lot 8 for an interior design business.
Commissioner Hietala stated he recognizes the importance of ensudng that a business succeeds,
but he feels this is inappropriate. He also noted that he has heard considerable comment that the city is
being overrun with casinos and gambling facilities.
Commissioner Brown stated he does not support this proposal, noting he would like to see this
business park without gaming or on-premise consumption of beer and wine. He then indicated he supports
the professional staff's positions as outlined by Assistant Planner Kozub.
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Mayor Pro Tempore Cetraro suggested that this proposal could be accommodated in a favorable
manner.
Responding to questions from Ms. Shute, Planning Director Epple stated that when the Valley
Commons Planned Unit Development was proposed, it was anticipated that a complex including a motel
and convention center with restaurant and possibly lounge facilities would be constructed on Lots 7, 8 and
9. He noted that the proposed gaming room is substantially different from a restaurant with lounge, and
stressed there was no specific allocation in the original PUD that could possibly be reallocated to another
lot. He stated, rather, the applicant would need to seek an amendment to the planned unit development,
and staff would not support it.
Informal review (second review) - Walton Homestead Planned Unit Development - subdivide
approximately 35.47 acres into four lots for mixed-use planned unit development consistinq of 86
apartments, 70 duplex and four-plex units, and 51 sin.qle-family units on south two-thirds of
property and approximately 95,000 square feet of commercial office and 15,000 square feet of retail
space on north one-third of site (north of Durston Road, south of West Oak Street, west of Gallatin
County Rest Home)
Included in the Commissioners' packets was a memo from Assistant Planner Susan Kozub, dated
June 5, forwarding an informal proposal for the Walton Homestead Planned Unit Development.
Assistant Planner Kozub stated this is the second informal review of the Walton Homestead Planned
Unit Development, and this plan contains a substantial number of changes that reflect many of the
comments forwarded during the initial review. She noted that under this revised submittal, development on
approximately 35.47 acres is to include 86 apartments, 70 duplex and four-plax units, and 51 single-family
residential units plus 95,000 square feet of commercial office space and 15,000 square feet of retail space.
Other changes include a 1.1-acre public park and several pocket parks instead of the proposed linear trail
and a street system that is more gridded than previously proposed. This design reflects a mix of residential
densities on the southern portion of the property, and apartments are proposed above some of the offices
on the northern portion of the site.
Mr. Bill Hansen, architect representing the applicant, gave a power point presentation on the new
concept plan, noting that input on this plan will be incorporated into the formal applications for the planned
unit development and subdivision. He stated that the previous proposal included mostly condominium units.
As a result of the first review and discussions with others, the applicant has determined that condominiums
may not be the most attractive solution and has chosen instead to look at townhouses and single-family
homes in a configuration that meets the guidelines of the Bozeman 2020 Community Plan. He indicated
that some of the apartment units are to be located on the third floor of the commercial buildings while others
are located in ten-plax buildings.
Mr. Hansen stated that West Juniper Street is to be constructed through the property, with
connections to North 11th Avenue and North 19th Avenue at some time in the future. Also, North 15th
Avenue is to be constructed through the subdivision, on alignment at both ends of the property and bowing
to the east in the middle. He noted that the alignment at the south end of the property ranges from 80 to
95 feet from the western boundary and, at the north end it is 100 feet from the property line. North 14th
Avenue, adjacent to the northern portion of the site, is to be improved by the developer of this property but
located on the County property immediately to the east.
Mr. Hansen stated that this property is approximately 600 feet wide and one-half mile long; and its
long, narrow configuration makes development difficult. He indicated that, with the bow in North 15th
Avenue, there is adequate space for houses between the property line and the street. He noted the street
is to be constructed in a 71-foot-wide right-of-way, with bike lanes and parking on both sides of the street.
The other streets within the subdivision are to be private streets, built to a narrower standard within a 30-
foot-wide right-of-way with parking on one side; and alleys are to be used wherever possible.
Mr. Bill Hansen stated that development is to occur in three phases, with that portion west of North
15th Avenue being Phase I, that portion east of North 15th Avenue and south of West Juniper Street being
Phase II and that portion east of North 15th Avenue and north of West Juniper Street being Phase III. He
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indicated that, as currently designed, there is 46 percent in open space and dedicated parkland. He noted
that the pocket parks are to be situated where they provide a safe area for children to play and yet be visible
from their homes. He stated that the density of the residential portion of the site is 10~ to 11 units per acre,
which is as dense as possible without going to stacked or multi-story structures.
Mr. Hansen stated that stormwater runoff through an existing 36-inch culvert enters the south end
of the property and runs under an exiSting structure. The applicant proposes to reroute that pipe in a 30-
foot-wide easement through the project, to the western boundary and along that boundary to West Oak
Street.
Mr. Hansen stated that he has attempted to hide the parking on the interior of the apartment
complexes and the commercial development. He also indicated that the changes in the commercial area
are the result of comments received during the previous concept plan review.
Mr. Bill Hansen noted that Mayor Kirchhoff had submitted his written comments regarding this
concept plan about 4:30 p.m. on Fdday. To respond to those comments, he developed and distributed a
proposal that includes more of a grid street system. He stated, however, that the property is too narrow to
lend itself to a good grid system. He bdefly reviewed this new proposal, noting it includes North 15th
Avenue bowing to the west so it runs along the boundary line and North 14th Avenue along the County
property to the County Rest Home buildings, bowing onto the subject property for the remainder of its length.
He stated that this plan contains 160 living units, compared to the 207 units in the current plan. Also, the
gdd system results in an additional 70,000 square feet of street paving, or 30 percent more hardScape, and
less open space. He concluded by stating that, while he may agree with the theoretical approach, he does
not favor this revised plan.
Mr. Ray Center, consulting engineer, stated the administrator of the Gallatin County Rest Home had
previously requested that no street be located close to the facility, due in large part to the difficult time they
have keeping some of their patients within the locked facility. He also cautioned that the additional paving
will result in additional storm runoff and the need for larger detention areas. The other potential problem with
the new plan is locating a collector street adjacent to an existing residential area. He stated that with the
plan previously developed, they had attempted to keep the traffic inside their development, thUs minimizing
impacts on the neighbors.
Mr. Gene Cook, applicant, stated he has been working on this project for a number of months and
feels that the proposal forwarded in the packet is a good one. He voiced concern about the comments
forwarded by the Mayor on Friday afternoon, stating he views them as interfering with the process.
Commissioner Brown stated he feels this plan addresses many of the Commissi°ner concerns and
reflects significant improvements. He also voiced support for the mix of housing types. He then indicated
he does not like the last-minute proposal as well as the one included in the packet.
Commissioner Hietala characterized the new plan as a great improvement over the previous one.
He recognized that this long, narrow parcel presents some challenges. He then indicated that, while the
new grid system may look good on paper, he feels the other plan is better.
Mayor Pro Tempore Cetraro stated he, too, views the new plan as an improvement over the
previous plan.
Planning Director Epple noted that Mayor Kirchhofrs comments dated June 7 are the same as his
comments for the past eight weeks.
Mr. Cook thanked the Commissioners for their comments.
Discussion - FYI Items
The following "For Your Information" items were forwarded to the Commission.
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(1) Copy of a memo from Director of Public Service Arkell to Sign Foreman Robbins, dated May
29, approving the installation of stop signs and parking restrictions at the intersection of South 9th Avenue
and West Curtiss Street.
(2) Headwaters Recycling newsletter announcing that the next meeting will be held on June 12
at Wheat Montana.
(3) Announcement of upcoming training sessions entitled "In Her Shoes" and "Domestic
Violence in the Workplace", to be held in Butte on June 20.
lot.
(4)
Copy of a flyer and citizen response regarding unauthorized parking in the Eagles parking
(5) Agenda for the School Distdct No. 7 Board meeting to be held at 7:00 p.m. on Monday, June
10, at the Willson School.
(6) Agenda for the Open Lands Board meeting to be held at 7:00 p.m. on Monday, June 10, at
the Bozeman Public Library.
(7) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, June 11,
in the Commission Room.
(8) Agenda for the County Planning Board meeting to be held at 6:30 p.m. on Tuesday, June
11, in the Commission Room, along with minutes from the May 28 meeting.
(9) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on
Tuesday, June 11, at the Professional Building.
(10) Agenda and revised agenda for the Design Review Board meeting to be held at 3:30 p.m.
on Tuesday, June 11, at the Professional Building.
(11) Agenda for the City Planning Board meeting to be held at 7:00 p.m. on Tuesday, June 11,
in the Conference Room at City Hall.
(12) City Manager Johnson announced that he will attend the State City Manager's meeting in
Missoula on Friday.
(13) Planning Director Epple submitted the following. (1) Announced that a proposal for a concept
planned unit development for the property at the comer of South 3rd Avenue and Kagy Boulevard has been
received. (2) Indicated that he will be absent from next week's Commission meeting.
Responding to Commissioner Brown, the Planning Director stated that Christ the King Church has
indicated that as long as they are involved in the property, there will be no fill on the site except in
conjunction with an approved site plan.
Recess - 4:30 p.m.
Mayor Pro Tempore Cetraro recessed the meeting at 4:30 p.m.
Reconvene - 7:00 p.m.
Mayor Kirchhoff reconvened the meeting at 7:00 p.m. for the purpose of conducting the scheduled
public hearing and completing the routine business items.
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Staff report re proposal for West Park Manor traffic calminq
Included in the Commissioners' packets was a memo from Engineering Assistant Andy Kerr, dated
May 21, forwarding the neighborhood's proposal for a diagonal diverter at the intersection of West Beall
Street and North 20th Avenue.
Engineering Assistant Kerr noted when the skate park was constructed, the City was charged with
traffic calming around the park, and that has been done. The Engineering staff was also charged with
working with the West Park Manor neighborhood to develop a traffic calming plan for North 20th, 21 st, 22nd
and 23rd Avenues between West Beall Street and Durston Road. He noted that a meeting was held on
April 24. That meeting was attended by over twenty people who, by majority vote, have forwarded a
proposal for the installation of a diagonal diverter at the intersection of North 20th Avenue and West Beall
Street which effectively isolates the commercial area from the residential area. He asked for Commission
direction on whether to proceed with this traffic calming measure, pursue another traffic calming measure,
or do nothing at all.
Responding to Commissioner Brown, the Engineering Assistant confirmed that there was a mid-
block barricade on North 20th Avenue for several years, and it was removed by a new Commission who
did not feel the barricade was needed. He noted that a previous transportation plan included a cul-de-sac
on North 20th Avenue, along the south side of West Beall Street, but that proposal did not come to fruition.
Responding to Mayor Kirchhoff, the Engineering Assistant stated the last traffic counts on North 20th
Avenue revealed there were 1,500 cars per day, and the 85th percentile speed was 32 miles per hour. He
indicated that both of those levels qualify the street for traffic calming; however, he cautioned that care must
be taken to ensure those measures do not result in simply moving the problem.
Mayor Kirchhoff expressed concern that the proposed diagonal diverter would close West Beall
Street to westbound traffic trying to access the parking lot at Kirk Park.
Mayor Kirchhoff asked if at least three Commissioners are interested in holding a public headng on
the traffic calming proposal.
Commissioner Hietala stated he feels the diagonal diverter is a drastic measure, and other
alternatives should be considered first; the other Commissioners indicated their concurrence.
Engineering Assistant Andy Kerr stated the neighborhood's second suggestion was speed humps,
which are 12 to 20 feet long and three to four inches tall. He noted that these humps create greater
discomfort with greater speeds and are supposed to discourage traffic volumes. The negatives are slowed
emergency response times and additional noise from loose objects banging in trucks. He suggested that
if speed humps are the preferred alternative, the support of a super-majority of residents should be required
prior to installation. He estimated that the costs of installing asphalt speed humps would be $2,000 per
hump, and rubber speed humps would be $5,000 per hump plus installation costs.
Responding to Mayor Kirchhoff, the Engineering Assistant stated that bulb outs were previously
considered as an alternative, but did not rank as high in this current process. He then recommended that
if any impediments are to be installed along the street, then street lighting is needed; and North 20th Avenue
is currently the only street with lighting.
Mayor Kirchhoff asked that the Engineering Department define the area that may be impacted by
traffic calming on North 20th Avenue and then identify possible alternatives. He asked that the next
proposal be submitted to the Commission under "FYI Items" and then forwarded to the neighborhood and
the. Commission for formal consideration and approval.
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Public hearinq - Major Site Plan with Certificate of Appropriateness - allow construction of l$,000+-
square-foot State office buildinq on 33.4t $ acres located northeast of intersection of Baxter Lane
and Simmental Way (Z-02076)
This was the time and place set for the public hearing on the Major Site Plan with Certificate of
Appropriateness requested by SDA, Inc., on behalf of the State of Montana under Application No. Z-02076,
to allow the construction of a 15,225-square-foot State office building on Lot 1, Block 1, Lewis and Clark
Subdivision. The subject property is located northeast of the intersection of Baxter Lane and Simmental
Way.
Mayor Kirchhoff opened the public hearing.
Senior Planner Dave Skelton presented the staff report. He noted that this application has been
reviewed by the Development Review Committee and the Design Review Board, and their comments have
been included in the staff report. He then indicated that staff has reviewed this application in light of the
applicable criteria, and staffs findings are contained in the written staff report. He briefly highlighted the
application, noting that preliminary plat approval has been given for the Lewis and Clark Subdivision, an
eight-lot commercial and light industrial subdivision. Under this application, the applicant is seeking
approval for concurrent installation of infrastructure and construction of this building..
The Senior Planner stated that staff is recommending approval subject to 26 conditions. He noted,
however, that Condition No. 17 could be eliminated because he has received a letter from the State Historic
Preservation Office indicating they have reviewed the study prepared by the Department of Natural
Resources and Conservation and have not identified any cultural amenities on the site. He then highlighted
the reasons for several of the recommended conditions.
Responding to Commissioner Hietala, the Senior Planner stated that a flat roof with parapet walls
is proposed. He noted that because of the substantial offsets in the walls, the Design Review Board did not
feel a peaked roof was needed.
Mr. Glen Rickett, representing the applicant, stated they have been working on this plan for three
years and thanked several staff members for their assistance in the process. He noted that several
changes have been made from the plan initially submitted, and he feels those changes have resulted in a
better project.
Mr. Rickett stated that the building is to be constructed to provide office space for four State
agencies. He noted that this is the first building in the Lewis and Clark Subdivision, and his firm has
contracted with the State to develop two of the eight lots under long-term ground leases. He stated that the
infrastructure for the subdivision, which is being installed in conjunction with this project, will make the other
lots valuable and more marketable. He requested approval of this application, noting they wish to begin
construction next month.
Mr. Garry Williams, Department of Natural Resources and Conservation, stated the subject property
is part of the trust land system dedicated to schools, and that cardes with it a mandate to manage the land
for the benefit of the school system. He noted the subject property was farmed by Mr. Mandeville for many
years, but logistics and economics have made that no longer feasible, so the State has chosen to pursue
a commercial subdivision. He noted that since the State does not have the monies for installation of the
infrastructure for the subdivision, SDA's lease payment for this building for the first 25 years is the
installation of the infrastructure. He then noted that as agricultural land, this parcel generated approximately
$1,000 per year; and the State hopes to realize $300,000 to $500,000 as a commercial subdivision.
Mr. Glen Rickett asked the Commission to delete the requirement for"an outdoor plaza area to the
south of the building containing adequate landscape features, landscape furniture, and pavers" in the
recommended conditions for approval. He stated they do not have monies in the budget forthese amenities
in conjunction with the initial construction and, since the rents were negotiated three years ago, these
additional costs cannot be added. He acknowledged the benefits of an outdoor plaza but asked that they
be allowed to construct those amenities at a later date, as monies become available.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
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Responding to Commissioner Cetraro, Senior Planner Skelton stated the requirement for a public
plaza or outdoor seating area is contained in the design objectives plan for entryway corridors. He noted
that if the Commission wishes, it may eliminate this requirement. He also reminded the Commission that
Condition No. 17 may be eliminated, since staff has received the response from the State Historic
Preservation Office.
It was moved by Commissioner Cetraro, seconded by Commissioner Hietala, that the Major Site
Plan with Certificate of Appropriateness requested by SDA, Inc., on behalf of the State of Montana under
Application No. Z-02076, to allow the construction of a 15,225-square-foot State office building on Lot 1,
Block 1, Lewis and Clark Subdivision, be approved subject to the following conditions:
The final improvement drawing shall be adequately dimensioned. A legend of all
pertinent line types used shall also be provided.
All existing utility and other easements must be shown on the final site plan.
The applicant is advised that the subject property is located within the North 19th
and Baxter Signalization Payback District. The assessed payback for the property,
$2,669, is required pdor to issuance of a building permit.
Based on the City of Bozeman Planning Director's recommendations in a letter
dated March 9, 2001, the applicant shall submit a narrative clearly identifying how
construction of subdivision infrastructure improvements will occur concurrent with
building construction in a manner that will protect the public's interest with regard to
sewer, water, and street work to be completed within the proposed Boot Hill Court.
A Stormwater Drainage/Treatment Grading and Maintenance Plan for a system
designed to remove solids, silt, oils, grease, and other pollutants must be provided
to and approved by the City Engineer. The overall plan must demonstrate adequate
site drainage (including sufficient spot elevations), stormwater detention basin
details (including basin sizing and discharge calculations, pond typical sections, and
inlet and discharge structure details), ultimate stormwater discharge destination, and
a stormwater maintenance plan.
Existing sewer and water mains shall be clearly identified as existing. All adjacent
fire hydrants shall be clearly depicted.
Sewer and water services shall be approved by the Water/Sewer Superintendent.
City of Bozeman applications for service shall be completed by the applicant.
o
Plans and specifications for any required 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 line or fire protection system. The applicant shall also
provide Professional engineering services for construction inspection, post-
construction certification, and preparation of mylar record drawings.
Based on the City of Bozeman Planning Director's recommendations in a letter
dated March 9, 2001, the location of an interim access to the site via Simmental
Way, for use dudng subdivision infrastructure construction, must be included on the
final site plan. In addition, should the applicant choose to leave the property
unsubdivided and not install the approved subdivision infrastructure improvements,
alternate water and sewer service connections from Simmental Way will be required
and shall be included on the final site plan.
No occupancy permits shall be issued prior to completion and City of
Bozeman acceptance of all water and sewer infrastructure improvements.
Financial guarantee of said improvements will not be permitted.
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10.
11.
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14.
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18.
Concrete curbing shall be provided around the entire new parking lot perimeters and
adequately identified on the plans. In addition, the appropriate concrete curb and
gutter details (standard, inverted, drop, etc.) and typical asphalt paving section detail
shall be provided to and approved by the City Engineer.
Proposed drive approaches shall be constructed in accordance with the City of
Bozeman standard non-residential approach (City of Bozeman Standard Drawing
No. 02529-11). In the event that the applicant chooses to leave the property
unsubdivided and not install the approved subdivision infrastructure improvements,
an alternate access from Simmental Way will be required and shall be included on
the final site plan.
No occupancy permits shall be issued pdor to completion and City of Bozeman
acceptance of all streets, curb and gutter, and sidewalk infrastructure improvements.
Financial guarantee of said improvements will not be permitted.
The applicant shall provide a common signage plan and legend for all signs
proposed on said property depicting location, general style, size, area, materials,
color, and method(s) of illumination, for review and approval by the Planning Office
prior to final site plan approval.
That the applicant specify the exterior light fixtures, both free-standing and wall-
mounted, to be used for exterior illumination of the project that also includes a typical
manufacturer's "cut-sheet" detail of the fixture depicting the type of illumination bulb
and illumination output to be used, for review and approval prior to final site plan
approval. All exterior light fixtures shall be so arranged to direct light downward
and/or away from any adjoining properties, shall not detract from driver visibility on
adjacent streets, and shall not exceed a maximum height of twenty (20) feet from
grade.
All retention/detention ponds located in the required yard setbacks shall not exceed
a maximum slope of 1-in-4 and a depth of 1~ feet (i.e., 25 percent slope), that they
be designed as a landscape feature in a non-geometric form, and that the ponds be
revised accordingly on the final site plan.
That all roof-top and/or ground-mounted mechanical equipment shall be noted
accordingly on the site plan and exterior elevations, and shall be proPerly screened
from adjoining properties and public streets, and that typical details Of all screening
devices shall be noted accordingly on the site plan, for review and approval prior to
final site plan approval. The exterior elevations shall delineate the placement and
height of all rooftop mechanical equipment in relationship to the top of the parapet
wall and/or screening device and the site plan shall locate all utility equiPment,
including ground-mounted mechanical power and telephone boxes, as well as a
typical detail(s) illustrating the materials, color, and method of screening used to
screen the equipment from adjacent properties and public streets, for review and
approval by the Planning Office prior to final site plan approval.
That seven (7) 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 approval by the Planning Director within six months of the date of City
Commission approval. A copy of the approved Final Site Plan shall be forwarded
to the Building, Street/Sanitation, Water/Sewer, Engineering, and Fire Departments
by the Planning Office; and one copy shall be retained in the Planning Office file.
That the applicants shall enter into an Improvements Agreement with the City to
guarantee the installation of required on-site improvements at the time of final site
plan submittal. Detailed cost estimates, construction plans and methods of security
shall be made a part of that Agreement.
06-10-2002
-11 -
19.
If occupancy of any structure is to occur prior to the installation of all required on-site
improvements, the Improvements Agreement must be secured by a method of
secudty equal to one and one-half times the amount of the estimated cost of the
scheduled improvements not yet installed. Said method of secudty shall be valid for
a pedod 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.
20.
That a building permit must be obtained prior to the work, and must be obtained
within one year of final site plan approval. Building permits will not be issued until
the final site plan is approved. Minor site surface preparation and normal
maintenance shall be allowed prior to submittal and approval of the final site plan,
'including excavation and footing preparation, but NO CONCRETE MAY BE
POURED UNTIL A BUILDING PERMIT IS OBTAINED
21.
That the applicant upon submitting the final site plan for approval by the Planning
Director and prior to issuance of a building permit, will also submit a written narrative
outlining how each of the above conditions of approval have been satisfied.
22.
That the site plan adequately dimension all two-way drive aisles, off-street parking
back-up maneuverability, sidewalks, and landscape islands to confirm compliance
with the zone code, for review and approval prior to final site plan approval.
23.
That the architectural features of the structure be modified to include the following
character-giving features: 1) articulate the sill of the wainscot, 2) incorporate
additional masonry features at the main entrances, 3) provide detailing of E.F.I.S.
joints along the facade of the building, and 4) further exaggerate the cornice lines
of the parapet wall and gable roof ends, for review and approval by the Planning
Office prior to issuance of a Certificate of Appropriateness and final site plan
approval.
24.
That the applicant's landscape plan be revised to provide: 1) adequate landscape
within the interior of the off-street parking lot (i.e., large trees), 2) a regular spacing
of boulevard trees along the Simmental Way frontage, 3) verification of height and
grade on the landscape plan for all bermed areas, 4) additional landscape features
at the entrances into the building, and 5) an outdoor plaza area to the south of the
building containing adequate landscape features, landscape furniture, and pavers,
for review and approval by the Planning Office prior to issuance of a Certificate of
Appropriateness and final site plan approval.
25.
That the applicant obtain a Certificate of Appropriateness and final site plan approval
pdor to issuance of a building permit to proceed with construction of the project.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Cetraro,
Commissioner Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No, none.
Ordinance No. 1565 - adoptin(~ comprehensive revisions to zoninq regulations
Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1565, as
approved by the City Attorney, entitled:
ORDINANCE NO. 1565
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
ADOPTING BY REFERENCE COMPREHENSIVE REVISIONS TO THE CITY OF
BOZEMAN ZONING ORDINANCE, ATTACHED HERETO AND INCORPORATED BY
REFERENCE AS THOUGH FULLY SET FORTH HEREIN, AND ADOPTING BY
REFERENCE A NEW OFFICIAL ZONING MAP.
06-10-2002
12-
Included in the Commissioners' packets was a memo from Associate Planner Chris Saunders, dated
June 5, 2002, forwarding a revised Page 188.
Associate Planner Chris Saunders asked that the Commission choose one of the three options for
Section 18.50.060.D.2.b., as listed on Pages 130 and 131 prior to final adoption of this ordinance. He noted
that this section clarifies the options for relief from the watercourse setbacks for existing developments.
At Mayor Kirchhoff's request, the Associate Planner reviewed the three options, stating they provide
the same amount of flexibility. He noted that the intent of the code is to slowly bring non-compliant
properties closer to compliance whenever possible. He indicated that Option 1 allows for relief through the
deviation or vadance process; Option 2 allows for relief through the deviation or vadance process and adds
an option for the City to buy the land from a willing seller; and Option 3 provides a bulleted list. of options.
He noted the Commission can accept one of those options, modify or blend options, or eliminate all options.
He cautioned, however, that accepting all of them would be confusing.
MS. Velma McMeekin, 425 East Cottonwood Street, stated that her property has a 150-foot frontage
on Bozeman Creek, and the portion of her property across the creek is unusable. She asked that the
Commission retain the 35-foot streambank setback along Bozeman Creek where property is already
developed, cautioning that the 75-foot setback will render many properties essentially unusable. She noted
that if the new setback is approved, the result will be creating additional hoops to jump through and could
impact the values of the properties along the creek.
Mrs. Cheryl Ott, 717 North Church Avenue, stated the creek runs through their property, in some
instances reducing three of their five 150-foot-long lots to anywhere from 50 feet to 125 feet in length. She
noted that the 20-foot setback from the street coupled with the 75-foot setback from the creek would render
those three lots unusable. She asked that the existing 35-foot setback be retained and that they be allowed
to continue improving their property. She noted that applying for variances costs time and money.
Mr. Darrell Behrent, 208 Lindley Place, stated he also owns property at 406 East Olive Street; and
Bozeman Creek takes about 30 feet of the 100-foot by 110-foot lot. He noted that if the house were to be
destroyed through earthquake or fire, there would be no room on the lot to rebuild if the proposed
streambank setbacks are adopted. He concluded by asking that the 35-foot setback be retained.
Mr. Richard Smith, 2916 South Third Avenue, reminded the Commissioners that their actions impact
people on a daily basis; and this decision will impact what people can do with their.property as well as
impact them financially. He stated that adding required processes for development of property adds
frustration and difficulty and drives development outside the city. He noted that while developers like the
value of riparian areas, they shy away from any hassles that may accompany such value. He suggested
that the code include a requirement that the City purchase, at development values, any lots rendered
worthless by these new setback standards.
Mr. Mark Haggerty, Greater Yellowstone Coalition, noted that Mr. Ed McMahon has indicated the
human communities are as important as the natural communities. He voiced his support for the zoning
regulations as proposed and cited examples of other communities that are imposing strict controls on
development to ensure the protection of resources.
Former City Commissioner Joe Frost, 1816 South Rouse Avenue, stated the Planning Board has
worked diligently on the development and implementation of the goals and objectives reflected in these
revisions. He indicated his support for the new watercourse setbacks, stressing the importance of not
taking away the floodplains or restricting the size of the waterway because doing so can have a negative
impact on downstream properties. He stated that trails and waterways enhance the community, and steps
should be taken to protect them.
Mr. Jon Gerster, 719 North Wallace Avenue, stressed that the Commission is responsible for
maintaining the health, safety and welfare of the community; and that includes all properties within the city.
He voiced concern that filling along the banks of Bozeman Creek in the M-1 zoned area, with no regard for
setbacks, could put the residences of those who previously testified in jeopardy of future flooding. He
suggested that the code revisions provide the flexibility needed to address the concerns that have been
voiced.
06-10-2002
13-
Mr. Brian Close, 406 East Olive Street, encouraged the Commissioners to look at the map that
shows the floodplain, recognizing that a river is an ecological system from one end to the other. He
stressed that humans cannot control rivers, particularly since they move at will; and trying to control their
channels will only compound the problems.
Mr. Chris Nixon, 719 North Wallace Avenue, stated his support for the proposed revisions, noting
that waterways are a vital part of the system. He noted that he, too, is concerned about the fill that has been
occurring along Bozeman Creek and the impacts that fill may have on residences in the event of flooding.
He further cautioned that M issoula has recently encountered a lawsuit stemming from developments allowed
in flood areas.
Commissioner Brown suggested some minor changes in the revisions and then stated he feels that
CRP land should be included as an agricultural use.
Responding to Associate Planner Chris Saunders, Commissioner Brown voiced his strong
preference for Option 3.
Mayor Kirchhoff stated he, too, prefers Option 3.
Commissioner Hietala stated he feels it is immaterial which option is selected; none of them provide
relief to owners of developed properties. He suggested that the State regulations should be incorporated
into the code, proposing that the provisions of Section 76-5-401, Montana Code Annotated be modified and
included in the code in lieu of the three options. He noted that the waterways through Bozeman are a very
small percentage of the waterways in the county, and he feels the flood hazards can be successfully
engineered to protect adjacent properties.
Mayor Kirchhoff stated that the code revisions as proposed provide for a suitable eco system for
waterways while decreasing flooding, ensuring the quality in the waterways and providing an opportunity
for trails.
Commissioner Cetraro stated he concurs with Commissioner Hietala's comments.
It was moved by Commissioner Hietala, seconded by Commissioner Cetraro, that the language in
Section 18.50.060.D.2.b., at the top of Page 131, be revised to include a modification of the language in
Section 76-5-401, Montana Code Annotated. The motion failed by the following Aye and No vote: those
voting Aye being Commissioner Hietala; those voting No being Commissioner Cetraro, Commissioner
Brown and Mayor Kirchhoff.
It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the language in
the third option for Section 18.50.060.D.2.b., at the top of Page 131, be adopted. The motion carried by
the following Aye and No vote: those voting Aye being Commissioner Brown, Commissioner Hietala and
Mayor Kirchhoff; those voting No being Commissioner Cetraro.
It was moved by Commissioner Cetraro, seconded by Commissioner Hietala, that Ordinance No.
1565, adopting comprehensive revisions to the zoning regulations, be finally adopted, with those
amendments to include reference to CRP lands in Section 18.50.060.D.3.c. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner Brown and Mayor
Kirchhoff; those voting No being Commissioner Cetraro.
Break - 9:05 to 9:13 pm.
Mayor Kirchhoff declared a break from 9:05 p.m. to 9:13 p.m., in accordance with Commission
policy.
06-10-2002
14-
Ordinance No. 1566 - adoptin.q comprehensive revisions to subdivision re.qulations
Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1566, as
approved by the City Attorney, entitled:
ORDINANCE NO. 1566
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
ADOPTING BY REFERENCE COMPREHENSIVE REVISIONS TO THE CITY OF
BOZEMAN SUBDIVISION ORDINANCE, ATTACHED HERETO AND INCORPORATED
BY REFERENCE AS THOUGH FULLY SET FORTH HEREIN.
Included in the Commissioners' packets was a memo from Associate Planner Jody Sanford, dated
June 4, forwarding revised Pages 39 through 42, 47 through 48, and 53 through 54, to be incorporated into
final adoption of the ordinance.
It was moved by Commissioner Hietala, seconded by Commissioner Brown, that Ordinance No.
1566, adopting comprehensive revisions to'the subdivision regulations, be finally adopted. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner
Brown and Mayor Kirchhoff; those voting No being Commissioner Cetraro.
Submittal of application for Conditional Use Permit to allow location of antennas on the City's water
tank for Cutthroat Communications
Included in the Commissioners' packets was copy of the application for Conditional Use Permit as
completed by Cutthroat Communications.
City Manager Johnson stated that the property owner must sign the application for a Conditional Use
Permit. In this instance, Cutthroat Communications has prepared the application, to allow location of its
antennas on the City's water tank and, as the City's agent, he is unwilling to sign it. He reminded the
Commission that similar applications have been considered in the past; and during those public hearings
he has stated there will be a band around the top of the water tank and a building located on the north side
of the tank, with some equipment hung on equipment racks immediately adjacent to it. He indicated that
his unwillingness to sign this application stems from the fact that the applicant is proposing a different design
from what has previously been identified as the overall plan for the site.
Mr. Don Lucker, 2408 Par Court, distributed copies of the proposed installation. He stated that the
band has been mounted around the top of the tank, and a vertical run with cable has been made. He noted
that antennas and dishes are already located on the tank; and under this proposal, an 8-foot dish is to be
mounted on the side, with a vertical pipe to support the dish and take the load off the tank. Some vertical
antennas are also to be located on the tank, with small 18-inch panels between them. He stated that this
is probably the last carrier to be allowed on the tank and suggested that in the future, they may seek
additional dishes to serve their customers. He concluded by stating the equipment will be painted to match
the tank.
Mr. Dave Parker, 1716 Kenyon Drive, stated the water tank is located in his back yard, and he is
opposed to this application. He characterized the channel mount system on the tank as "probably the
ugliest thing attempted," and indicated that an additional dish with a vertical pipe to support it is totally
unacceptable. He asked that if the Commission decides to entertain this application, it require that the
dishes be located in the center of the top so they can't be seen. He then voiced his support for City
Manager Johnson's previous plan and stated he prefers no changes.
Mr. Lucker stated he feels that allowing antennas on the water tank is appropriate,'noting that both
provide services to the community. He stated that the antennas are unmanned and unattended and make
no noise, and traffic is very limited since the sites are maintained only once every month or two.
Responding to Mayor Kirchhoff, the City Manager indicated he had the information that has been
submitted to the Commission when he chose not to sign the application. He then stated that he had told
06-10-2002
-15-
the neighborhood that the band would be covered; however, it did not turn out as he had anticipated and
is much more visible than the previous band. He also noted that the idea of a round dish and additional
vertical pipe to support it was never contemplated and is part of the proposed new design.
Further responding to the Mayor, the City Manager stated that on behalf of the City, he has
represented to the neighbors how the site would look and what would be allowed on the site.
Responding to Commissioner Brown, the City Manager stated that space has been reserved for the
antennas necessary to meet the City's communication needs.
It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the City Manager
be authorized and directed to sign the application for Conditional Use Permit to allow antennas for Cutthroat
Communication~ to be located on the City's water tank. The motion carried by the following Aye and No
vote: those voting Aye being Commissioner Brown, Commissioner Cetraro and Commissioner Hietala;
those voting No being Mayor Kirchhoff.
Discussion re detention center ballot issue
City Manager Johnson distributed to the Commission written comments from Commissioner
Youngman regarding this issue.
Mayor Kirchhoff stated he had requested additional discussion on this item, to determine if the City
Commission should take a position on the detention center ballot issue. He noted that, since the
Commission received the presentations two weeks ago, he has received a considerable amount of
information, including the Matrix study. He stated that the information he has received points to the
importance of a needs assessment prior to construction of a new facility, and points to the need for
considering alternatives to incarceration, including a variety of programs. He then indicated that while he
does not favor the Oak Street site, he could probably accept it if these other issues have been adequately
addressed.
Commissioner Hietala stated his concurrence with Mayor Kirchhoff's comments, stating he feels the
Commissioners and the public have been shielded with smoke and mirrors presentations. He
acknowledged that a new facility is needed; however, he feels the location and the alternatives that have
been identified by the Mayor need to be aired publicly.
Responding to Commissioner Cetraro, Mayor Kirchhoff stated that the information he has received
shows that 73 percent of the inmates Spend four days or less. He also noted that Billings has adopted a
policy to use a dormitory type facility for those inmates who pose no public menace and suggested a similar
policy here could help reduce occupancy rates and reduce costs.
Commissioner Cetraro voiced his concurrence with the previous Commissioners. He stated that
he recognizes the need for a new detention center and indicated his support for a needs assessment and
looking at alternatives. He then indicated that he feels the voters should decide on the location.
Commissioner Brown stated he first became involved in this issue while serving as a County
Commissioner in 1998. He noted that most people recognize the need for a new detention center and
indicated that its location is not a major issue for him. He stated, however, that if the mail-in ballot issue is
not successful, there is no guarantee that the electors will have another opportunity to vote in November
or that it would be successful. He suggested that the land on West Oak Street would be the better location,
since it is currently vacant. He voiced support for a needs assessment, particularly if it does not slow the
process of building a new facility. Also, he favors encouraging law enforcement and the judicial system to
look at alternatives to incarceration.
Commissioner Hietala stated he does not feel the location of the facility is important, as long as the
resources are managed to their maximum potential and with no waste to the taxpayer.
06-10-2002
-16-
As a result of discussion, the City Commissioners reaffirmed that there is a need for a new detention
center and the completion of a concurrent needs assessment, but they chose not to take a stand on the
issue of location.
Adjournment - 10:20 p.m.
There being no further business to come before the Commission at this time, it was moved by
Commissioner Hietala, seconded by Commissioner Brown, that the meeting be adjourned. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner
Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none.
ATTEST:
STEVEN R.
ROBIN L. SULLIVAN
Clerk of the Commission
06-10-2002