HomeMy WebLinkAbout2002-02-04 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
February 4, 2002
The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal
Building, on Monday, February 4, 2002, at 6:00 p.m. Present were Mayor Steve Kirchhoff, Commissioner
Marcia Youngman, Commissioner Lee Hietala, Commissioner Jarvis Brown, CommissionerAndrew Cetraro,
City Manager Clark Johnson, Director of Public Service Debbie Arkell, Planning Director Andy Epple, City
Attorney Paul Luwe and Clerk of the Commission Robin Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
City Manager Johnson requested that the annexation agreement, Commission Resolution No. 3505
and four street easements for West Babcock Street be removed from the agenda, until corrections have
been made to the documents.
Minutes - January 18, 2000, and January 121 January 14, January 22 and January 28, 2002
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the minutes
of the meetings of January 12 and January 28, 2002, be approved as submitted. The motion carried by the
following Aye and No vote: those voting Aye being Commissioner Youngman, Commissioner Hietala,
Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No, none.
Mayor Kirchhoff deferred action on the minutes of the meetings of January 18, 2000, and January
14 and January 22, 2002, to a later date.
Consent Items
City Manager Johnson presented to the Commission the following Consent Items.
Authorize City Manager to siqn - Acceptance of Water Line, Fire Hydrant, Utility and
Access Easement and Agreement - Gallatin Center Limited Partnership - Lot
$, The Gallatin Center Subdivision PUD, Phase I
Exemption from subdivision review to allow for relocation of common boundary
between Tracts 6 and 7, Mountain Vista Subdivision - David and Cheryl
MacDonald (north side of West College Street, east of South 23rd Avenue)
(E-02001)
Acknowledge receipt of application for annexation submitted by Joe Mahar for the
Con & Daphne Gillam Revocable Trust - 74.2569 acres located in the
SE1~, and the NEll,, SWI/,,, Section 24, T2S, RSE, MPM (along west side o!
South 3rd Avenue south of Allison Subdivision, Phase II); refer to staff
Appointment of Commissioner Youngman and Commissioner Hietala to sub-
committee to review Pledqed Securities as of December 31, 2001
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
02-04-2002
-2-
Commissioner Hietala, Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor
Kirchhoff; those voting No, none.
Presentation of budget request for GalaVan - Brian Close
DiStributed just pdor to the meeting was a wdtten request that the City levy one mill for senior and
disabled transportation, with GalaVan to be the recipient of those monies.
Mr. Brian Close, Chair of the GalaVan Board, indicated that ddership has increased 11 percent from
last year, noting that this is an extension of the trend for the past three years. He stated that, despite the
32 percent increase in ridership over the past three years and the aging vehicles, GalaVan has been able
to keep the cost per mile and the cost per ride relatively constant. He characterized GalaVan as the closest
thing to public transportation for seniors and the disabled, noting that 300 seniors and 120 disabled riders
use the system. He reviewed their funding sources, which include Title III monies, United Way, Gallatin
County, the City of Belgrade and the City of Bozeman, with Bozeman providing 25 percent of the budget.
Mr. Close stated that, although they feel they are good stewards of public money, GalaVan is
completing a review of its operations through a federal grant; and this review has been helpful in making
the office operation more efficient and has led to acquisition of updated software at a nominal cost through
a government development grant. They are also undertaking a more comprehensive marketing program
to make people aware of their services. Mr. Close concluded by asking the Commission to levy one full mill
for senior and disabled transportation.
Responding to Commissioner Hietala, Mr. Close stated that the City of Belgrade had previously
contributed $3,000 toward GalaVan and increased that amount to $5,000 this year for one additional day
of service, which now includes one day of service inside Belgrade and one day of service between
Bozeman and Belgrade. He then stressed that, because GalaVan receives Title III monies, they cannot
charge for service; however, they do suggest a $1 donation, and donations from riders were up about 10
percent this year.
Mr. Steve Potuzak, Director of GalaVan, estimated that there were 1,000 rides between Bozeman
and Belgrade last year. He noted that while regular Friday night service to Belgrade is not planned at this
time, he is aware of special events in Belgrade, such as the monthly fish fry, for which special trips may be
scheduled.
Mr. Brian Close noted that the service has been increased to include Friday evenings, Saturdays
and Sundays. Because the service receives little use after 8:00 p.m., two hours from Friday evenings will
be moved to the weekend, to serve a greater population.
Several regular GalaVan riders spoke in support of the request for funding for GalaVan, including
Miriam Matthews; Martina Wallace, Darlinton Manor; Peg Hileman; and Hazel Knight, Darlinton Manor.
They stressed the importance of this service and the independence it allows by providing them a way to get
to medical appointments and volunteer service.
Mayor Kirchhoff thanked those who attended this meeting, and indicated that the Commission will
consider this request in conjunction with the other information and requests received.
Request for extension of water service outside city limits - Lot 7, Block 1, Walker Property PUD -
Tim Dean Construction on behalf of Mr. and Mrs. Kelly Wood (101 Gibson Drive)
Included in the Commissioners' packets was a memo from Director of Public Service Debbie Arkell,
dated January 28, forwarding the request for extension of water service to 101 Gibson Drive.
Director of Public Service Arkell reviewed the request to allow connection of a single-family
residence located in the Walker Property Planned Unit Development, which is outside city limits, to City
water service prior to annexation. She stated construction of this home has been permitted through a land
use permit issued by the County Planning Office; and the Department of Environmental Quality has not
02-04-2002
-3-
approved the application to ddll a well since the site is located in the water control area and City water is
available. She noted the home is being inspected by the City's Building Inspection Division and is to be
ready for occupancy in approximately eight weeks. She concluded by forwarding staff's recommendation
for approval of this request, subject to six conditions. She noted that a waiver of right to protest annexation
has been executed for the Walker Property PUD, however, the City Attorney felt a waiver should be
executed for this specific piece of property in conjunction with connection to City services.
Mr. Tim Dean, applicant, bdefly reviewed the history of this project, noting a City building permit was
issued in mid-June. He stated that several different times they were told municipal water would be available
around December 1, and they relied on that information from the beginning of the project. He stated the
home will be ready for occupancy in five to six weeks, and feels the real question is whether the service is
new or existing. He concluded by stressing that connection to City water is a health and safety issue and
encouraged approval of the request.
Mr. Kelly Wood, homeowner, stated he currently owns residences in Redmond, Washington, and
Bozeman; and he hopes to soon relocate to his new home. He noted that he has no problem with
annexation of the property; it is simply a matter of timing. He indicated he is willing to sign the waiver of dght
to protest annexation, even though a signed waiver already applies to the entire subdivision, and asked for
Commission approval.
It was moved by Commissioner Brown, seconded by Commissioner Cetraro, that the Commission
approve the request for extension of water service outside city limits, as requested by Tim Dean
Construction on behalf of Mr. and Mrs. Kelly Wood for Lot 7, Block 1, Walker Property PUD, subject to the
following conditions:
Prior to connection to City water, the property owner shall pay $136.25 to the
Director of Public Service for cash-in-lieu of water rights, which is the amount that
is typically obtained prior to acceptance of an annexation agreement.
Pdor to connection to City water, the property owner shall sign a waiver of right to
protest annexation.
Pdor to connection to City water, the property owner shall file an application for
annexation with the City Planning Office.
The final annexation agreement must be signed by the property owner, and
approved by the City Commission, within six (6) months of water service connection.
If the property owner fails to complete the annexation within this time period, the
water service will be disconnected by the City.
5:
The property owner will pay the fair pro-rata share of costs incidental to the
extension of the Bozeman Solvent Site water main at the time those costs are
known.
All costs associated with connecting the water, including water impact fees, shall be
the responsibility of the property owner.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown,
Commissioner Cetraro, CommissionerYoungman, Commissioner Hietala and Mayor Kirchhoff; those voting
No, none.
Appointment of members to solid waste transfer station task force
Included in the Commissioners' packets was a memo from Clerk of the Commission Sullivan, dated
January 31, forwarding the list of applications received.
Commissioner Youngman voiced concern that the task force is proposed to include eight members
and suggested that a larger group would allow for better representation of various portions of the
O2-04-2002
-4-
community. As a result, she proposed that an eleven-member body be considered, with the additional
appointees representing either the commercial/industrial or the residential segment.
Project Engineer Karen Finke responded that the number and composition of the task force was
recommended by the consultant, based on his experiences in other communities.
Following discussion about the composition of the task force and the applicants, it was moved by
Commissioner Youngman, seconded by Commissioner Hietala, that the following appointments be made
to the Solid Waste Transfer Station Task Force:
Commercial/Industrial (3) - Rodger Clingman, Elizabeth Hubner and Christopher Nixon
Waste management industry (1) - Dean Uldch
Residential (5) - Rex Easton, Colette Jadis, Dan Kaveney, Arthur Nielsen and John Taggart
Elected City official (1) - Commissioner Hietala
The motion carded by the following Aye and No vote: those voting Aye being Commissioner Youngman,
Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No,
none.
Break - 7:00 to 7:05 p.m.
Mayor Kirchhoff declared a break from 7:00 p.m. to 7:05 p.m., in accordance with Commission
policy.
Continued public hearin .q - Major Site Plan and Certificate of Appropriateness to allow construction
of a 7,500-square-foot buildinQ to be used as warehouse for buildinq materials and a mechanic
shop on Lots 1-6, Block 1, Rouse's Addition, with deviations from Sections 18.50.110.B.1. and
18.$0.110.B.5., Bozeman Municipal Code, to allow backin(I into public riqht-of-way and to reduce
the aisle width from 26 to 21 feet - Simkins Properties, L.L.C., for 609 East Mendenhall Street
(Z-01235)
This was the time and place set for the continued public hearing on the Major Site Plan and
Certificate of Appropriateness, as requested by Simkins Properties, L.L.C., under Application No. Z-01235,
to allow construction of a 7,500-square-foot building to be used as a warehouse for building materials and
a mechanic shop on Lots 1 through 6, Block 1, Rouse's Addition, with deviations from Sections
18.50.110. B. 1. and 18.50.110. B.5. of the Bozeman Municipal Code, to allow backing into a public right-of-
way and to reduce the aisle width from 26 feet to 21 feet. The subject property is located at 609 East
Mendenhall Street.
Mayor Kirchhoff reopened the continued public hearing.
Included in the Commissioners' packets was a memo from Urban Designer Don Grund, dated
January 30, requesting that the Commission continue this hearing to February 25 to give the applicant
additional time to work with the Design Review Board.
It was moved by Commissioner Cetraro, seconded by Commissioner Youngman, that this public
hearing be continued to February 25, per the applicant's request. The motion carried by the following Aye
and No vote: those voting Aye being Commissioner Cetraro, Commissioner Youngman, Commissioner
Hietala, Commissioner Brown and Mayor Kirchhoff; those voting No, none.
02-04-2002
-5-
Public hearing - Conditional Use Permit with Certificate of Appropriateness - Dan and Linda Fillinqer
- allow sale of alcoholic beveraqes in a non-.qamin.q, non-smokin_q Ioun.qe located in Unit
Oakwood Square Condominium, Lot 4, Festival Square Minor Subdivision No. 131 (Duck's Lounqe,
2405 West Main Street) (Z-01234)
This was the time and place set for the public hearing on the Conditional Use Permit with Certificate
of Appropriateness requested by Dan and Linda Fillinger under Application No. Z-01234, to allow for the
sale of alcoholic beverages in a non-gaming, non-smoking lounge located in Unit 8, Oakwood Square
Condominium, on Lot4, Festival Square Minor Subdivision No. 131. The subject property is located at 2405
West Main Street, and is to be known as Duck's Lounge.
Mayor Kirchhoff opened the public hearing.
Senior Planner Dave Skelton distributed a memo dated February 4, in which he proposed revised
language for Condition No. 4, and then presented the staff report. He noted this application is for a
conditional use permit for a lounge to be located in the east end of the second structure in Oakwood Square,
adjacent to Quizno's. He stated that staff has reviewed this application in light of the criteria contained in
the zone code, and staff's findings are contained in the written staff report. He briefly highlighted the
recommended conditions for approval, noting that Condition No. 1 pertains to signage and the common
signage plan for the two front-most lots. He suggested that the language in the first sentence be clarified,
noting that the proposed signage appears to exceed the allowable square footage for the entire building.
He stated that if the applicants wish to maintain that signage, they will need to seek a deviation or a variance
under a different application. He also addressed Condition No. 4, noting the applicants have requested
revisions to delete reference to a "non-gaming, non-smoking lounge", even though they do not intend to
change the proposed use.
Responding to Commissioner Youngman, Senior Planner Skelton stated the advertisement was for
"an all beverage alcohol license for a non-gaming, non-smoking lounge, dba Duck's Lounge".
Mr. Dan Fillinger, applicant, indicated that Duck's Lounge is to be a very upscale lounge, similar to
one he operates in Helena and the one that will soon be open in Missoula. He noted that these lounges
provide an alternative for those who are tired of cigarettes and machines and have been successful. He
concluded by stating he has no problem with Condition No. 4 as proposed by staff.
No one was present to speak in opposition to the requested conditional use permit.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
It was moved by Commissioner Youngman, seconded by Commissioner Hietala, that the
Commission approve the Conditional Use Permit with Certificate of Appropriateness requested by Dan and
Linda Fillinger under Application No. Z-01234, to allow for the sale of alcoholic beverages in a non-gaming,
non-smoking lounge located in Unit 8, Oakwood Square Condominium, subject to the following conditions:
The proposed signage appears to exceed the maximum allowable signage allowed
on the zone lot. Therefore, the applicants shall provide a common signage plan and
signage legend for all signs existing and proposed on said zone lot 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 applicants provide a color palette illustrating the exterior finish of the
window/door awnings, fenestration treatment (i.e., doors and windows), and any
additional extedor revisions to the treatment of the existing structure, and that the
exterior elevations be revised accordingly to confirm said color palette, for review
and approval by the Planning Office prior to final site plan approval.
That the applicants shall obtain a City of Bozeman liquor license and provide the
Planning Office with a copy of the license prior to final site plan approval.
02-04-2002
-6-
5:
10.
11.
12.
A copy of the State of Montana Department of Revenue On-Premise Restaurant
Alcohol License to serve alcoholic beverages at the non-gaming, non-smoking
lounge at 2405 West Main Street shall be submitted to the Planning Office for review
and approval pdor to final site plan approval. Furthermore, any expansion,
modification, or enlargement in the scope of the on-premise restaurant all beverage
license on the subject property or its use, as established as of the date of issuance
of the license, will require another authorized conditional use permit.
Any lighting, including that for security purposes, used to illuminate any off-street
parking area, yards, sign or structure shall be arranged so as to deflect light down
and/or away from any adjoining properties and shall not detract from driver visibility
on adjacent streets. Luminaires and lenses shall not protrude below the edge of the
light fixture per Section 18.50.035. - Light Standards. The final site plan and/or
extedor elevations shall show the location for, and a detail of, any proposed
freestanding, wall mounted and/or signage lighting, including cut sheets of each
typical light fixture type proposed.
That the applicants provide on the site plan and exterior elevations the location of
all roof-top and ground-mounted mechanical and utility equipment, as well as a
typical detail(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 the right to a use and occupancy permit shall be contingent upon the fulfillment
of all general and special conditions imposed by the conditional use permit
procedure.
That all of the special conditions shall constitute restrictions running with the land
use, shall apply and be adhered to by the owner of the land, successors or assigns,
shall be binding upon the owner of the land, his successors or assigns, shall be
consented to in writing, and shall be recorded as such with the Gallatin County Clerk
and Recorder's office by the property owner prior to the issuance of any building
permits, final site plan or commencement of the conditional use.
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. The Planning Office shall forward a copy of the approved
final site plan to the Building, Street/Sanitation, Water/Sewer, Engineering, and Fire
Departments; 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.
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.
If occupancy of any structure is to occur prior to the installation of any and all
required on-site improvements, the Improvements Agreement must be secured by
a method of security equal to one and one-half times the amount of the estimated
cost of the scheduled improvements not yet installed. Said method of security shall
be valid for a period of not less than twelve (12) months; however, the applicant
02-04-2002
shall complete all on-site improvements within nine (9) months of occupancy to
avoid default on the method of security.
13.
That the applicants obtain a building permit within one (1) year of Certificate of
Appropriateness application. Any modifications to the submitted and approved
drawings shall invalidate the project's approval unless the applicants submit the
proposed modifications for review and approval by the Planning Office prior to
undertaking said modifications, as required by Section 18.62.040 of the Bozeman
zoning ordinance.
14.
That the applicants, upon submitting the final site plan for approval by the Planning
Director and pdor to issuance of a building permit, will also submit a written narrative
outlining how each of the above conditions of approval have been satisfied or met.
The motion carded by the following Aye and No vote: those voting Aye being Commissioner Youngman,
Commissioner Hietala, Commissioner Brown, Commissioner Cetraro and Mayor Kirchhoff; those voting No,
none.
Public hearinq -Zone Map Amendment- modifications to previously requested zoning designations
for approximately 159.71~ acres described as Lots 1, 2 and 3, Minor Subdivision No. 201, to
establish initial zoning designations of"R-2", "R-3a", "R-3", "R-4", "PLI" and "B-1" - Chuck Hinesley
for Sydney and Ethel M. Dykstra (north side of Durston Road approximately 1300 feet west of its
intersection with Cottonwood Road) (Z-01173A)
This was the time and place set for the public hearing on the Zone Map Amendment requested by
Chuck Hinesley for Sydney and Ethel M. Dykstra under Application No. 7-01173A, for modifications to
previously requested zoning designations for approximately 159.71+ acres described as Lots 1, 2 and 3,
Minor Subdivision No. 201, to establish initial zoning designations of "R-2", Residential--Single-family,
Medium-density; "R-3a", Residential--Two-family, Medium-density; "R-3", Residential--Medium-density;
"R-4", Residential--High-density; "PLI", Public Lands and Institutions; and "B-1 ", Community Business. The
subject property is located along the north side of Durston Road approximately 1300 feet west of its
intersection with Cottonwood Road.
Mayor Kirchhoff opened the public hearing.
Senior Planner Dave Skelton presented the staff report. He noted this is a new application for
zoning for the Laurel Glen Annexation, which is located along the north side of Durston Road, approximately
one-quarter mile west of the intersection of Durston Road and Cottonwood Road. He reminded the
Commission that initial zoning of this property was considered at the November 13 meeting, at which time
the Commission asked for modifications that will result in more a mixed use development. The Senior
Planner noted that staff has reviewed this application in light of the criteria set forth in the zone code, and
staffs findings are contained in the written staff report. He stated that the Zoning Commission considered
this application at its meeting held on January 15, 2002 and, subsequent to its review, forwarded a
recommendation for approval.
Senior Planner Skelton reviewed the differences between the original application and this
application, noting the new application includes smaller parcels of "R-4" zoning and "B-I" zoning in the
center rather than the "B-2" zoning initially proposed. The new plan also shows the second stream corridor
on the western edge of the property, with parkland along that corridor. The Senior Planner stated that this
new proposal is in compliance with the 2020 plan.
Senior Planner Skelton noted that at the Zoning Commission meeting there was extensive
discussion about the zoning of the dedicated parkland and stream corridors, with staff recommending those
areas be zoned the same as the adjacent properties and the Zoning Commission recommending those
areas be zoned "PLI", Public Lands and Institutions. He cautioned that the City has no assurance the
parkland will be in the locations depicted on the map submitted with this application until it is dedicated with
the subdivision review. In light of that discussion, the Zoning Commission added a Condition No. 5, which
conflicts with the Condition No. 2 recommended by staff, and one of those conditions must be eliminated.
02-04-2002
-8-
Responding to Commissioner Hietala, the Senior Planner estimated the plan as submitted shows
23 to 26 acres of parkland and open space. He noted that the parks sub-committee of the Recreation and
Parks Advisory Board has reviewed this plan and finds the large park area to be desirable, and the applicant
has indicated an intent to dedicate that portion of the parkland with Phase I. He then stated that the zoning
designations will follow the centedines of the streets, so all acreages shown on the map are estimates at
this time.
Planning Director Andy Epple identified some of the issues involved in how parkland ts zoned. He
noted one of those is the manner in which the street and tree maintenance districts are assessed, with "PLI"
zoned property being assessed at 25 percent of the square footage and residentially zoned property having
a 7,500-square-foot cap. If the parkland is zoned "PLI", the City's general fund will be paying a higher
assessment than if it is zoned the same as the adjacent residential district. From a land use inventory
standpoint, the Planning Director noted that it makes more sense to have parkland zoned as "PLI" rather
than residential. The Planning Director then stressed that the exact locations of the streets which separate
the various zoning designations have not yet been established; however, the map before the Commission
is a general depiction of the locations and sizes of those zoning districts.
Mr. Chds Budeski, consulting engineer, noted that the proposed zoning districts before the
Commission are the result of the previous public headng and the work session in December; and he feels
this proposal is responsive to the issues and concerns raised at those meetings. He stated there is no
"R-4" zoning along the western property line under this new application. A stream corridor has been
included across the southwestern corner of the property to accommodate the tributary to Aaker Creek, and
the applicant is working with the wetlands delineator to ensure any wetlands in the area are included in
future development plans.
Mr. Budeski stated the plan provides for very mixed use development and is in compliance with the
2020 plan. He indicated that the roads in this development will line up with the roads in the Valley West
Subdivision Planned Unit Development. He then drew attention to the two roundabouts to be constructed
adjacent to the park, noting that they are being designed to federal highway administration standards. He
concluded by stating they intend to begin construction this summer.
Mr. Gary Metcalf noted that his property is immediately east of the subject property, and he now will
have "R-3" and "R-3a" zoning on both sides. He stated he has no problem with development or with Iow-
cost development; however, he asked that his property and its value be protected during development of
the surrounding properties. He voiced concern that, despite the fact that the northwest corner of the Valley
West Subdivision was earmarked for commercial development, it now has a sign identifying it for residential
development.
Mr. Metcalf stated his property has been in his family for five generations, and he is aware that they
will have to relocate to maintain the lifestyle they have had in the past. He indicated that he has no problem
with doing that; however, he stressed the importance of being able to get the appropriate value for his
property when he does decide to sell. He concluded by noting that the City has been annexing a significant
amount of land in a short time, and most agricultural people want to remain in agriculture in some manner.
Dr. Richard Nollmeyer, owner of the property immediately west of the subject property, redistributed
his letter dated November 7, 2001. He noted that some of the previous maps showed a border between
his property and where the buildings would be constructed and asked if a buffer strip is to be provided. He
noted that his property is leased to Leachman Angus, and they run livestock on that property. He stressed
the importance of providing a good sized fence along the property line to protect development from the
cattle.
Dr. Nollmeyer cautioned that there is a high water table under this property that should be taken into
consideration as it is developed. He asked about water and wastewater services for development on the
subject property, expressed concern about traffic impacts from this development and asked if Durston Road
is to be improved to Gooch Hill Road in conjunction with it. He concluded by voicing his appreciation for
removal of the high density residential development along the western edge of the subject parcel.
Senior Planner Skelton responded that the questions raised are more appropriately addressed
during subdivision review. He noted that fencing is required when a subdivision adjoins agricultural lands,
02-04-2002
-9-
and steps will be taken to ensure that adequate setbacks and buffering are provided. He then indicated that
water and sewer services are available in Durston Road and must be extended by the developer, and
identified road improvements that must be provided to mitigate impacts. He noted, however, that will not
include improvements to Gooch Hill Road unless the traffic study reveals a need to do so.
Mr. Chris Budeski noted that development of this property will be phased in, and that portion
adjacent to the Metcalf property will be in the third phase. He concluded by encouraging Commission
approval of this application.
Since there were no Commissioner objections, Mayor Kirchhoff closed the public hearing.
Commissioner Brown questioned the viability and sustainability of a "B-I" zone in this area, but
noted that is an issue that will be determined by the market. Commissioner Hietala voiced his concurrence.
Commissioner Youngman thanked the applicant's team for their responsiveness and flexibility in
meeting the Commission's requests, and indicated her support for the refined proposal before the
Commission at this time.
Mayor Kirchhoff stated that, while he feels a lower zoning designation along the boundaries may
allow for more compatible development to the adjacent properties, he supports the proposed zoning
designations.
It was moved by Commissioner Hietala, seconded by Commissioner Brown, that the Commission
approve the Zone Map Amendment requested by Chuck Hinesley for Sydney and Ethel M. Dykstra under
Application No. Z-01173A, for modifications to previously requested zoning designations for approximately
159.71+ acres described as Lots 1, 2 and 3, Minor Subdivision No. 201, to establish initial zoning
designations of"R-2", Residential-Single-family, Medium-density; "R-3a", Residential-Two-family, Medium-
density; "R-3", Residential-Medium-density; "R-4", Residential-High-density; "PLI", Public Lands and
Institutions; and "B-I", Community Business, subject to the following:
That the ordinance of the zone map amendment shall not be adopted until the
annexation agreement is signed by the applicant and formally approved by the City
Commission and the resolution of annexation has been adopted. If the annexation
is not approved, the application shall be null and void.
That the applicant submit a zone amendment map titled "Laurel Glen Zone Map
Amendment" on a 24-inch by 36-inch mylar, 8~ -inch by 11-inch or 8~ -inch by 14-
inch paper exhibit, and a digital copy of the area to be zoned, acceptable to the
Director of Public Service, which will be utilized in the preparation of the ordinance
to officially amend the City of Bozeman zoning map. Said map shall contain a metes
and bounds legal description of the perimeter of the subject property, description of
the boundaries of each specific zoning designation, total acreage of the property,
acreage of each specific zoning designation, and adjoining rights-of-way and/or
street access easements.
That the ordinance for the zone map amendment shall not be drafted until the
applicant provides a metes and bounds legal description and map of the area to be
rezoned, which will be utilized in the preparation of the ordinance to officially amend
the zone map.
That all areas intended for use as dedicated public parklands be designated "PLI",
Public Lands and Institutions.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala,
Commissioner Brown, Commissioner Cetraro, Commissioner Youngman and Mayor Kirchhoff; those voting
No, none.
02-04-2002
-10-
Discussion re format for town meetinq on February 7
City Manager Johnson distributed copies of the possible power point slides to be used in the initial
presentation and copies of the compilation of citizen comments received during last year's town meeting.
He then reviewed the format of last year's town meeting, noting that experience revealed the small group
discussion needs more direction or more specific ground rules to be effective.
Commissioner Youngman noted that, distributed just pdor to the meeting, was a copy of the
compilation of evaluations from last year's town meeting. She bdefly highlighted the evaluation, noting that
attendees found the small group discussions both their favodte part and the most frustrating part. She
suggested that ensuring equal participation by all people in a small group, and either fewer questions or
more time could help to make the small groups more effective. She noted that the attendees wanted to see
less presentation at the beginning and voiced support for the large group discussion at the end. She stated
that people also liked the option of writing on sheets on the wall rather than voicing their thoughts in the
small groups.
Mayor Kirchhoff suggested that the small groups be given the questions "What is the best bang for
the buck right now?." "What is the worst bang for the buck?" "What is the biggest unmet need?" and "What
would you be willing to pay more for, if anything?"
Commissioner Youngman noted the acoustics were bad last year, and she anticipates they will be
no better this year. As a result, she suggested the tables be moved further apart for the small group
discussions, with some tables being set up in the hallway if necessary.
Commissioner Hietala stated he would like a questionnaire regarding taxes, including questions
about willingness to pay more combined with a question on how much the individual paid in taxes last year.
He noted this will give the City the ability to see if there is a relationship between what people pay and what
they're willing to pay. He stressed that on this type of questionnaire, no signature should be required.
Mayor Kirchhoff suggested that the questionnaire be made a part of the exit evaluation. He then
volunteered to revise last year's exit evaluation to include those questions.
As a result of the discussion, the Commissioners concurred on the format for the town meeting to
be held on February 7, with public input to be received through small group discussions, large group
discussion, sticky notes to be placed on posters and questionnaires. The Commissioners also determined
that the presentation should be shorter than last year's and should be general rather than mentioning
specific issues or items. Staff should, however, be prepared to make a power point presentation at the end
of the meeting addressing the specifics that were included at the beginning of last year's town meeting.
Continued discussion re Commission meetinq times
City Attorney Luwe distributed proposed revisions to the rules of procedure, based on Commission
discussion at last week's meeting. He briefly highlighted those revisions, which include regular Commission
meetings from 3:00 p.m. to 5:30 p.m. every Monday; work sessions on the second, fourth and fifth weeks
of the month; and public hearings at 7:00 p.m. on the first and third Mondays of the month. He noted that
time limits for testimony have also been included, indicating that the Mayor may lengthen or shorten those
times at the beginning of a hearing.
Commissioner Youngman noted that public interest items can also be shifted to the 7:00 p.m.
session so the public can attend, if necessary.
Planning Director Epple noted that his staff and applicants have become accustomed to the ability
to schedule public hearings for any Monday evening, and going back to the first and third weeks of the
month could result in heavier public hearing schedules and delays in hearings.
Commissioner Cetraro stated he likes Mayor Kirchhoff's disciplined approach to public hearings and
use of the timer.
02-04-2002
-11 -
As a result of discussion, the Commissioners determined that work sessions and regular meetings
should be held at 3:00 p.m. on the second, fourth and fifth Mondays of each month. Also, public hearings
are to be held at 7:00 p.m. every Monday except for the fifth Monday, with routine business items to be
included on the agenda on the first and third Mondays of each month.
City Attomey Luwe indicated that he will make the needed revisions to the rules of procedure and
bdng them back in resolution format for Commission adoption. He also highlighted some additional
housekeeping changes that will be included in the revisions.
Discussion - FYI Items
The following "For Your Information" items were forwarded to the Commission.
(1) Letter of resignation from the Community Affordable Housing Advisory Board, as submitted
by Charles Brodzki.
(2) Letter from the Beautification Advisory Board, dated January 25, inviting the Commissioners
to attend their meetings.
(3) Copy of a memo from Director of Public Service Arkell asking staff to install parking
restriction signs in the 1900 block of South Black Avenue.
(4) Informational copy of a letter from the Park and Gallatin Citizens' Alliance, dated January 25,
regarding the recent denial of the coalbed methane drilling application.
(5) Notice of Special Meeting for the upcoming town meeting at 7:00 p.m. on Thursday evening
at the Sacajawea Middle School.
(6) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, February
5, in the Commission Room.
(7) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on
Tuesday, February 5, at the Professional Building.
(8) Agendas for the City Planning Board meeting to be held at 7:00 p.m. and the Zoning
Commission meeting to be held at 7:30 p.m. on Tuesday, February 5, in the Commission Room.
(9) City Manager Johnson noted that the mid-management employees will be meeting for a
presentation on pay for performance at noon on Wednesday. He invited the Commissioners to attend,
noting that awards of recognition will be made at that time. Since a majority of the Commissioners indicated
their intent to attend, a special meeting notice will be needed.
(10) City Manager Johnson stated the Downtown Bozeman Association has requested
permission to close Bozeman Avenue between East Main Street and either East Mendenhall Street or East
Babcock Street from 5:00 p.m. to dark every Thursday between May 16 and August 15, except for Sweet
Pea weekend, for musical events. He asked for Commissioner feedback on this request, noting the group
is interested in a mechanism that does not result in added costs but that draws people to the downtown in
the evening.
(11) Planning Director Andy Epple submitted the following. (1) Noted the signage atthe Bobcat
Lodge is being brought into compliance with the code in conjunction with minor improvements.
(12) The Planning Director reminded the Commissioners of the Community Affordable Housing
Advisory Board (CAHAB) bus tour, scheduled for 8:30 a.m. on Friday and beginning at the Senior Center.
CommissionerYoungman and Commissioner Hietala indicated they intend to go on the tour; Mayor Kirchhoff
and Commissioner Brown stated they may also be interested in attending. As a result, a notice of special
meeting is needed.
02-04-2002
-12-
(13) Planning Director Epple briefly highlighted some of the potential projects being considered
in the North 19th Avenue corridor. He then indicated that discussion of the proposed interlocal agreement
will be on next week's agenda.
(14) Director of Public Service Arkell submitted the following. (1) Thanked reporter Erin Everett
for her recent articles on the new water meter reader system and the solid waste transfer station. (2) Stated
that engineering firms for the North Rouse sewer main replacement project have been interviewed.
(3) Announced that the Class IV cell at the landfill, for demolition materials, has been approved by the
Montana Department of Environmental Quality; and the result should be an additional five months in the
lined cell.
(15) Commissioner Brown stated that the Victim Witness board has adopted a response protocol.
He noted that the Director is concerned about the uncertainty of funding for that program once the grant
monies are no longer available.
(16) Commissioner Cetraro stated that one of the clubs of which he is a member meets at 7:30
p.m. on the first Tuesday of each month, and that could result in a potential conflict with his attendance at
City Planning Board meetings.
Mayor Kirchhoff asked Commissioner Cetraro to bring the issue back to the Commission if he is
unable to resolve the conflict.
(17) Mayor Kirchhoff stated he has talked to Historic Preservation Planner Jim Jenks about the
idea of bringing affordable housing and historic preservation projects together. He noted the Planner is
willing to pursue the issue further if given direction to do so; a majority of the Commissioners voiced an
interest in getting more information on the issue, recognizing that it will involve additional staff time.
Adjournment - 9:40 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, Commissioner Youngman and Mayor Kirchhoff; those voting No, none.
ATTEST:
RC)'BIN L. SULLIVAN
Clerk of the Commission
KrRC'I~HOFF, Mayor
02-04-2002