HomeMy WebLinkAbout2001-08-20 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
August 20, 2001
The Commission of the City of Bozeman met in special session in the Commission Room,
Municipal Building, on Monday, August 20, 2001, at 3:00 p.m., and in regular session at 6:00 p.m.
Present were Mayor Youngman, Commissioner Brown, Commissioner Frost, Commissioner Smiley,
Commissioner Kirchhoff, City Manager Johnson, Director of Public Service Arkell, City Attorney Luwe
and Clerk of the Commission Sullivan.
Signing of Notice of Special Meeting
Each of the Commissioners, in turn, signed the Notice of Special Meeting.
Executive Session - evaluation of City Manager
City Manager Johnson stated he does not wish to waive his right to privacy, and requested
that the Commission conduct his evaluation in executive session.
At 3:03 p.m., Mayor Youngman announced that, pursuant to Section 2-3-203(3), Montana
Code Annotated, the Montana Constitution and the Montana Supreme Court rulings, she, as presiding
officer, has determined that the right to privacy clearly exceeds the merits of public disclosure. She
then called an executive session for the purpose of evaluating the City Manager; those present
included the Commissioners, City Manager and Clerk.
At 4:41 p.m., Mayor Youngman closed the executive session and reconvened the open
meeting.
Recess - 4:41 p.m.
Mayor Youngman declared a recess at 4:41 p.m., to reconvene at 6:00 p.m. for the regular
meeting.
Reconvene - 6:00 p.m.
Mayor Youngman reconvened the meeting at 6:00 p.m. for the purpose of conducting the
Commission's regular business and public hearings.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
None of the Commissioners requested that any of the Consent Items be removed for
discussion.
Minutes - January 18 and February 7, 2000, and January 30, April 20, June 25, August 6 and
August 13, 2001
It was moved by Commissioner Brown, seconded by Commissioner Frost, that the minutes of
the meeting of June 25, 2001, be approved as submitted. The motion carried by the following Aye
and No vote: those voting Aye being Commissioner Brown, Commissioner Frost, Commissioner
Smiley, Commissioner Kirchhoff and Mayor Youngman; those voting No, none.
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Mayor Youngman deferred action on the minutes of the meetings of January 18 and February
7, 2000, and January 30, April 20, August 6 and August 13, 2001 to a later date.
Consent Items
City Manager Johnson presented to the Commission the following Consent Items.
Acknowledge receipt of staff report - annexation of 43.56 acres described as a portion
of Tract 2, West College Minor Subdivision and located on south side of Huffine
Lane, and eenerally south of West Garfield Street extended, west of the current
city limits and east of future Fowler Avenue extended (A-0105)
Commission Resolution No. 3470 - intent to annex 43.56 acres described as a portion
of Tract 2, West College Minor Subdivision and located on south side of Huffine
Lane, and generally south of West Garfield Street extended, west of the current
city limits and east of future Fowler Avenue extended; set public hearing for
September 24, 2001
COMMISSION RESOLUTION NO. 3470
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE
INHABITANTS THEREOF AND THE INHABITANTS OF A TRACT OF LAND
CONTIGUOUS TO SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY
DESCRIBED, TO EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO
INCLUDE SAID CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF.
Authorize Mayor to sign - Findings of Fact and Order for Kaov Crossroads Subdivision -
for modification of Condition No. 8
Authorize City Manager to sign - Contract Agreement with Montana Lines, Inc. - for
installation of inlaid thermoplastic pavement markings
Claims
It was moved by Commissioner Frost, seconded by Commissioner Smiley, 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 Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown and Mayor
Youngman; those voting No, none.
Discussion - request for payback agreement for waterline extension - Keller Sur~DIv Company
Included in the Commissioners' packets was a copy of the Keller Supply Payback Agreement
for Water Improvements.
Project Engineer Bob Murray gave a history of the Keller Supply waterline extension, noting
that in August or September 1999, they extended the waterline from the water main in Simmental
Way to the west edge of their property; and at that time, they requested a payback agreement. He
stated that, while the boundary of the payback area was never in question, the amount of the
payback was. The applicant requested $46,000 in payback; staff felt that amount was high and
November 1999 was the last correspondence at that time. In December 2000, Mr. Jerry Gaston
requested resurrection of the payback request. That letter began another round of negotiations
between Keller Supply and City staff, and agreement was finally reached on a figure of slightly over
$38,000. He noted that the Payback Agreement before the Commission for action is based on that
figure.
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Mr. Mike San Souci, attorney representing Gary Holkup, owner of the two vacant lots included
in the payback area, stated that his client has only seen the computer-generated itemization of costs
to date, not any of the supporting documentation or the agreement. He then noted that, in 1995,
his client paid $29,000 to extend the common sewer line and Keller Supply, for example, has
connected to that line. He suggested that it would be fair to offset the payback amount requested
by Keller Supply by a similar percentage of those costs. He concluded by voicing concern that neither
his client nor other property owners in the area were notified of the proposed payback arrangement
or given an opportunity to be involved in the process.
Responding to Mayor Youngman, Project Engineer Murray stated he has the cost breakdowns
of the waterline and can provide that information to Mr. Holkup.
Responding to Mr. San Souci, Staff Attorney Patricia Day-Moore stated that Mr. Holkup could
work with the Engineering Division to see if a payback for the sewer line is feasible. She cautioned
that probably both Keller Supply and MacKenzie River Pizza have already connected to that sewer line,
and if those properties contest the payback, the City loses its authority to require a payback.
Mr. Don Stueck, contractor representing Keller Supply, provided history of the project. He
noted that, in 1998, when Keller Supply began construction of its building, Gardner Simmental Plaza
was in the county, and the City was in the process of installing a 12-inch water main in Simmental
Way under Special Improvement District No. 665. Williams Plumbing was the contractor on that
project and was also the contractor on the Keller Supply project. During construction of the building,
the Rae Fire Department gave Keller Supply three options for providing fire protection: (1) drill a deep
well and install a high-powered pump; (2) install a fire pond; or (3) connect to City water when the
water main reached their street. They chose the last option and, while Keller Supply was not
promised a payback at that time, paybacks were issued for other projects during that same timeframe.
He stated that he is uncertain about the sewer line connection, but it is his impression the line was
connected at the northwest corner of the property. He concluded by characterizing this as a fairness
issue and asked for approval of the payback agreement.
Mr. Steve Shuel, MacKenzie River Pizza, stated that the building he purchased for MacKenzie
River was in bankruptcy and, prior to making an offer to purchase it in May 1999, he did due diligence
and contacted the City's Planning Department. At his request, the Department responded to his
questions in writing, identifying the up-front costs to a new tenant and future costs, in a letter dated
May 11, 1999. Mr. Shuel stated that, at that time, the structure was connected to City sewer and
its water was supplied from a cistern; and the $5,465 assessment for SID No. 665 was paid off when
he purchased the property. He subsequently received a letter dated August 3, 1999, in which he was
informed that he would be responsible for connection to the City's water service in Rawhide Ridge
Road in addition to paying $5,410 in impact fees. He stated that, even during closure on the
property, he was never informed of a potential liability resulting from a payback. On September 24,
1999, however, he received a call from Project Engineer Bob Murray informing him about a possible
water payback. According to his notes from a phone conversation with Mr. Murray in February 2000,
nothing had transpired to date. He concluded by stating that he, too, views this as a fairness issue.
Mr. Mike San Souci stated that Mr. Holkup was assessed $17,500 for SID No. 665, which he
paid off; and it was his understanding that would include the waterline to his property. Project
Engineer Murray responded that the special improvement district was for the looped trunk water main
only, not for the waterlines from that main to individual parcels.
City Attorney Luwe stated that, since MacKenzie River Pizza is already connected to the
waterline, it is unlikely the property owner will be required to make payment under this payback
agreement unless another site plan review process is undertaken. As a result, Mr. Holkup would be
the only one required to pay for connecting to the subject waterline. He then cautioned that Mr.
Holkup's sewer line may not be eligible for a payback agreement, since it appears all potentially
affected properties are already connected to the line.
Project Engineer Bob Murray stated that, when MacKenzie River Pizza was connecting to the
waterline, Keller Supply stopped the contractor. The City intervened and told the contractor to
proceed, but alerted the property owner that a payback may be required in the future. He indicated
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that notification was made in a letter. City Attorney Luwe cautioned that a letter is not a form of
agreement; and the City has no authority to collect a payback without an agreement. He then
reiterated that the only parcels impacted by this payback agreement appear to be Mr. Holkup's two
vacant lots.
It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the
Commission approve the requested payback agreement and authorize the City Manager to execute
the document. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost and Mayor
Youngman; those voting No, none.
Ordinance No. 1545 - establishing initial zonin.q desi.qnation of "PLI" on 201.22 acres located in the
SE~ and SW~ of Section 30, TlS, R6E, MPM (City landfill)
Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1545, as
approved by the City Attorney, entitled:
ORDINANCE NO. 1545
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
AMENDING THE CITY OF BOZEMAN ZONE MAP AND ESTABLISHING AN INITIAL
ZONING DESIGNATION OF "PLI" (PUBLIC LANDS AND INSTITUTIONS) ON 201.22
ACRES LOCATED IN THE SOUTHWEST QUARTER AND SOUTHEAST QUARTER OF
SECTION 30, TOWNSHIP I SOUTH, RANGE 6 EAST, PRINCIPAL MONTANA
MERIDIAN.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that Ordinance
No. 1545, establishing an initial zoning designation of "PLI" on the 201.22 acres of the City's existing
landfill on Story Mill Road, be finally adopted. The motion carried by the following Aye and No vote:
those voting Aye being Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost,
Commissioner Smiley and Mayor Youngman; those voting No, none.
Ordinance No.
- providing for skateboard facility regulations
Distributed to the Commissioners at last week's meeting, under "FYI Items", was a copy of
a proposed ordinance entitled:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING
SECTION 12.26. ; PROVIDING FOR SKATEBOARD FACILITY REGULATIONS.
City Manager Johnson stated this ordinance was drafted because the police officers found
offenders .don't seem to listen when they try to enforce no bicycles in the skatepark. He indicated
this ordinance will give the officers specific citation authority.
Commissioner Kirchhoff suggested that the Recreation and Parks Advisory Board be notified
and given an opportunity to review this proposed ordinance.
City Attorney Luwe stated that, under the City's insurance coverage, bicycles are prohibited
in the skatepark. He indicated that, if a bicycle park is created, MMIA will wrestle with many of the
same issues it has addressed for skateparks. He then concluded by stating that BMX tracks are
automatically covered under the City's insurance.
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The Commissioners concurred that this ordinance should be brought back on September 4 for
first reading and then scheduled for second reading and final adoption after the Recreation and Parks
Advisory Board has had an opportunity to review it at their next meeting.
Discussion - FYI Items
City Manager Johnson presented to the Commission the following "For Your Information"
items.
(1) Letter from the West Babcock Street Landowners Association, dated August 16,
voicing concerns about the acquisition of right-of-way for West Babcock Street improvements and
requesting answers to several questions.
The City Manager characterized the questions and concerns as repeated issues, and indicated
that staff will respond.
(2) Proposed ordinance prohibiting smoking in indoor places of employment and public
places, as submitted by the Tobacco Free Coalition.
(3) Proposed ordinance prohibiting smoking in indoor places of employment and public
places, as submitted by the Gallatin Valley Licensed Beverage Association.
(4) Information packet on smoking bans in the country, as provided by Dave Krogstad.
(5) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday,
August 21, at the Courthouse.
(6) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on
Tuesday, August 21, at the Professional Building.
(7) Agenda for the Zoning Commission meeting to be held at 7:00 p.m. on Tuesday,
August 21, in the Commission Room, along with a notice that the City Planning Board meeting has
been cancelled due to lack of business.
(8) Agenda for the Administrative Board of Directors meeting for 9-1-1, to be held at 8:00
a.m. on Wednesday, August 22, at the Law and Justice Center.
(9) City Manager Johnson asked if a proposed smoke free ordinance is expected from a
third group; Commissioner Frost responded that two groups combined to submit one document.
The City Manager asked what the next step is to be. Mayor Youngman noted that during
previous discussions on this issue, the Commission concluded informally that facilitation before the
public hearing would not serve any useful purpose because the issues are clear and it is unrealistic
to expect the two groups to reach consensus. She noted, rather, the Commission should determine
the best public process to identify and address issues and concerns.
Following discussion, the Commissioners agreed that a work session, facilitated by the
Community Mediation Center, should be set for 5:00 p.m. on a Monday, possibly in a larger room
with a good sound system. During the work session, the two groups are to review the provisions of
their proposed ordinances and respond to questions prepared by the Commission. The Board of
Health is to be invited to attend the work session, and the possibility of limiting the number of
participants from each side was discussed.
In preparation for the work session, Commissioners are to e-mail their questions to the other
Commissioners by August 29, with Commissioner Frost to coordinate the questions. The City
Manager's office is to coordinate with CMC and possibly find a larger room.
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Continued public hearing - Commission Resolution No. 3458 - levying and assessing street
maintenance district assessments for Fiscal Year 2002
This was the time and place set for the continued public hearing on Commission Resolution
No. 3458, entitled:
COMMISSION RESOLUTION NO. 3458
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2002 UPON
ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF
MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY-WIDE
STREET MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN AND TO EXTEND THE
BOUNDARIES OF SAID DISTRICT TO ENCOMPASS ANNEXED PROPERTIES.
Mayor Youngman reopened the continued public hearing.
Included in the Commissioners' packets was a memo from Director of Public Service Debbie
Arkell, dated August 16, forwarding a history on the street and tree maintenance districts, as
requested by the Commission during last week's hearing.
Director of Public Service Debbie Arkell briefly reviewed the written history, which began in
November 1988 and concluded in 1990. She stressed that, after a significant amount of discussion
and to ensure consistency, assessments were based on the zoned lot rather than on use. Also, after
public comment and further discussion, the Commission determined some adjustments, including caps
on residential lots, were needed to ensure consistency in assessments.
The Director of Public Service stated that an inventory of "RS" zoned lots within city limits
revealed there are approximately 190 parcels, 143 of which are located within Sundance Springs
Subdivision. If "RS" zoned properties were assessed as if they were zoned "R-I", 61 properties
would see changes ranging from 50¢ to $15, 30 would see changes of over $100, and 70 would see
no change on the street assessments. A review of the old Director of Public Service files revealed
that no previous "RS" requests for adjustment were approved. As a result of her research, she
forwarded her recommendation that no change be made in the manner in which assessments are
made.
Responding to Commissioner Brown, the Director of Public Service stated that a cap has been
established for all PLI zoned and publicly owned properties. She then indicated that, since MSU
maintains most of its trees, Mr. Bob Lashaway and former Director of Public Service Phill Forbes
worked to adjust the tree maintenance assessment.
Mr. John Maykuth, 905 South Church Avenue, stated he paid $399.74 last year. He
suggested that removing all caps would be fairer than the current assessment process, stating that
would affect only those people with larger lots. He indicated that the gentleman who lives next door
to him paid $74 last year, and he has three times as much area but is located in an "R-3a" zone. He
noted that the other properties located along the creek only pay up to the cap; and his long, narrow
property contains slightly over an acre. He concluded by stating he fully supports adequately funding
street maintenance, and suggested that if "assessments" were identified as "taxes" they would be
deductible on federal taxes.
Responding to Commissioner Smiley, Director of Public Service Arkell stated that "R-1" zoned
properties were assessed approximately $70 under last year's cap. She then reiterated her suggestion
that the assessment system remain on the zoning designation, although she recognized that
establishing the cap for the "RS" zoning district the same as for the "R-1" zoning district might be an
appropriate adjustment. She suggested another basis for adjustment would be if a portion of the
property were in agricultural use.
Since there were no Commissioner objections, Mayor Youngman closed the public hearing.
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Responding to questions from the Commission, Director of Public Service Arkell stated that
she simply skimmed her files, but saw no previous request for adjustment on this property. She
indicated a willingness to look at possible options for adjusting Mr. Maykuth's assessment.
It was moved by Commissioner Brown, seconded by Commissioner Frost, that Commission
Resolution No. 3458, levying and assessing the street maintenance district assessments for Fiscal
Year 2002, be finally adopted. The motion carried by the following Aye and No vote: those voting
Aye being Commissioner Brown, Commissioner Frost, Commissioner Kirchhoff and Mayor Youngman;
those voting No being Commissioner Smiley.
Continued public hearing ~ Commission Resolution No. 3459 - levvinQ and assessing tree maintenance
district assessments for Fiscal Year 2002
This was the time and place set for the continued public hearing on Commission Resolution
No. 3459, entitled:
COMMISSION RESOLUTION NO. 3459
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
LEVYING AND ASSESSING A SPECIAL ASSESSMENT FOR FISCAL YEAR 2002 UPON
ALL REAL PROPERTY IN THE CITY OF BOZEMAN, COUNTY OF GALLATIN, STATE OF
MONTANA, TO DEFRAY THE COST AND EXPENSE INCURRED IN THE CITY-WIDE
TREE MAINTENANCE DISTRICT IN THE CITY OF BOZEMAN AND TO EXTEND THE
BOUNDARIES OF SAID DISTRICT TO ENCOMPASS ANNEXED PROPERTIES.
Mayor Youngman reopened the continued public hearing.
The memo from Director of Public Service Arkell, dated August 16, pertains to this agenda
item as well as the previous agenda item; the Director indicated her previous comments also pertain
to this item.
Responding to Commissioner Frost, Director of Public Service Arkell stated a 5~-percent
increase is proposed in these assessments; and an average residential assessment will be $13.05 for
the fiscal year.
Commissioner Frost stressed the City's efficiencies in operating this program over the past ten
years and the increased health of the urban forest.
Since there were no Commissioner objections, Mayor Youngman closed the public hearing.
It was moved by Commissioner Frost, seconded by Commissioner Smiley, that Commission
Resolution No. 3459, levying and assessing the tree maintenance district assessments for Fiscal Year
2002, be finally adopted. The motion carried by the following Aye and No vote: those voting Aye
being Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown and
Mayor Youngman; those voting No, none.
Public hearing - Major Site Plan with Certificate of Appropriateness to allow construction of a 5,525-
square-foot bank with three floors of residential units and a parkin.q .qarage on Lots 1-4 and Lots
17&18, Block C, Story Addition, with deviations from Sections 18.50.080 and 18.32.060 of the
Bozeman Municipal Code to allow northeast corner of building to encroach into the vision triangle at
e signalized intersection and to allow parapet gables to exceed maximum height by three feet
{Cowdrey Towers) - Springer Group for Buz Cowdrey {southwest corner of intersection of West Main
Street and South Grand Avenue) {Z-01068)
This was the time and place set for the public hearing on the Major Site Plan with Certificate
of Appropriateness, as requested by Springer Group for Buz Cowdrey under Application No. Z-01068,
to allow construction of a 5,525-square-foot bank with three floors of residential units and a parking
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garage on Lots 1 through 4 and Lots 17 and 18, Block C, Story Addition, with deviations from
Sections 18.50.080 and 18.32.060 of the Bozeman Municipal Code to allow the northeast corner of
the building to encroach into the vision triangle at a signalized intersection and to allow the parapet
gables to exceed the maximum height by three feet. The subject property is located at the southwest
corner of the intersection of West Main Street and South Grand Avenue, and is the site for the
Cowdrey Towers project.
Mayor Youngman opened the public hearing.
It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the public
hearing be continued to August 27, to give the advisory bodies an opportunity to forward a
recommendation. The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Smiley, Commissioner Kirchhoff, Commissioner Brown, Commissioner Frost and Mayor
Youngman; those voting No, none.
Public hearing Certificate of Appropriateness with deviations from Sections 18.50.050 and
18.50.060.C. of the Bozeman Municipal Code, to allow reconstruction of new detached garage in its
present location, which encroaches 6 feet into required 10-foot rear yard setback, and 3% feet into
required 15-foot corner side yard setback on Lots 25&26, Block 44, Imes Addition - Andy Kni.qht, 626
North Bozeman Avenue (Z-01130)
This was the time and place set for the public hearing on the Certificate of Appropriateness,
as requested by Andy Knight under Application No. Z-01130, with deviations from Sections
18.50.050 and 18.50.060.C. of the Bozeman Municipal Code, to allow reconstruction of a new
detached garage in its present location, which encroaches 6 feet into the required 10-foot rear yard
setback, and 3~feet into the required 15-foot corner side yard setback on Lots 25 and 26, Block 44,
Imes Addition. The subject property is located at 626 North Bozeman Avenue.
Mayor Youngman opened the public hearing.
Assistant Planner Karin Caroline presented the staff report. She stated the subject property
is located at the southeast corner of the intersection of North Bozeman Avenue and East Cottonwood
Street. She noted that the applicant wishes to construct a new detached garage in the location of
the existing garage with a slight enlargement on the north side, which will result in encroachment into
the corner side yard.
The Assistant Planner stated that staff has reviewed this application in light of the applicable
criteria, and staff's comprehensive findings are contained in the written staff report. She briefly
highlighted those findings, noting that the requested encroachments are consistent with other
outbuildings in the immediate area. She concluded by forwarding staff's recommendation for
approval, subject to four conditions.
Mr. Andy Knight, applicant, indicated concurrence with the staff report and a willingness to
respond to questions.
No one was present to speak in opposition to the requested deviations.
Since there were no Commissioner objections, Mayor Youngman closed the public hearing.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the
Certificate of Appropriateness, as requested by Andy Knight under Application No. Z-01130, with
deviations from Sections 18.50.050 and 18.50.060.C. of the Bozeman Municipal Code, to allow
reconstruction of a new detached garage in its present location, which encroaches 6 feet into the
required 10-foot rear yard setback, and 3 % feet into the required 1 5-foot corner side yard setback on
Lots 25 and 26, Block 44, Imes Addition, be approved subject to the following conditions:
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The replacement siding for the shed as well as the proposed garage should be
of wood and of similar, if not identical, lap width to that found on the existing
main residence.
The applicant is encouraged to investigate appropriate historic paint colors for
this structure.
This project shall be constructed as approved and conditioned in the Certificate
of Appropriateness application. Any modifications to the submitted and
approved drawings shall invalidate the project's approval, unless the applicant
submits the proposed modifications for review and approval by the Planning
Office prior to undertaking said modifications, as required by Section 18.62.040
of the Bozeman zoning ordinance.
The applicant shall obtain a building permit within one year of Certificate of
Appropriateness approval or this approval shall become null and void.
The motion carried by the following vote: those voting Aye being Commissioner Kirchhoff,
Commissioner Brown, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting
No, none.
Public hearin;] - Preliminary plat for Major Subdivision Planned Unit Development - StoneRidge
Subdivision, Phase IIA - Morrison-Maierle for Cape-France - subdivide 8.37 acres described as Lot 5,
StoneRidge Minor Subdivision PUD, into 9 commercial lots (west of North 19th Avenue between
Durston Road and West Oak Street) (P-0120)
This was the time and place set for the public hearing on the preliminary plat for StoneRidge
Subdivision, Phase IIA, major subdivision planned unit development, as requested by Morrison-Maierle
for Cape-France under Application No. P-0120, to subdivide 8.37 acres described as Lot 5,
StoneRidge Minor Subdivision PUD, into 9 commercial lots. The subject property is located west of
North 19th Avenue between Durston Road and West Oak Street.
Mayor Youngman opened the public hearing.
Assistant Planner Karin Caroline presented the staff report. She stated this is the second
phase of the StoneRidge Planned Unit Development that was previously approved by the Commission.
Under this phase, the fifth lot of the original five-lot minor subdivision is to be subdivided into nine
lots, with three of those lots being zoned "B-1" and six lots being zoned "R-O". The applicant is also
seeking continuing relaxation of setbacks from private drives. She indicated that StoneRidge Drive
is to terminate at North 22nd Avenue rather than continuing northward, since it has been determined
a north/south street through the entire subdivision in that location is not needed.
Mr. Matt Ekstrom, Morrison-Maierle, stated that the ADTs do not reflect the need for another
outlet. He also noted that, with the streambank setback requirements in this phase, the extension
of StoneRidge Drive would make some of the lots unbuildable. He concluded by indicating
concurrence with the staff report and recommended conditions of approval.
No one was present to speak in opposition to the preliminary plat.
Since there were no Commissioner objections, Mayor Youngman closed the public hearing.
It was moved by Commissioner Brown, seconded by Commissioner Frost, that the preliminary
plat for StoneRidge Subdivision, Phase IIA, as requested by Morrison-Maierle for Cape-France under
Application No. P-0120, to subdivide 8.37 acres described as Lot 5, StoneRidge Minor Subdivision
PUD, into 9 commercial lots be approved, subject to the following conditions:
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10.
11.
12.
13.
Stormwater detention ponds will not be permitted along the Catron Creek
stream corridor and noted in accordingly in the protective covenants and by-laws.
StoneRidge Drive shall terminate at North 22nd Avenue, the 40-foot private
access easement shall be removed from the final plat, and the public utility
easement shall be 30 feet and noted on the final plat.
The physical location of Catron Creek shall be delineated on the final plat and
a 35-foot stream setback from the high water mark noted accordingly on the
plat.
The stormwater runoff swale proposed in the greenway corridor along North
19th Avenue is not preferred by the Planning Staff. Unless, it can be
demonstrated that the drainage swale can be a contributing landscape feature
to the North 19th Avenue greenway corridor, staff will recommend removal of
this feature with further site development. Details and specifications for the
final plat shall be included with the final plat submittal and subject to review
and approval by the Planning and Engineering Departments.
Similar to StoneRidge PUD Minor Subdivision, Phase I, the Catron Creek corridor
landscape improvements and public trail system shall be installed by the
developer within one (1) year of the final plat being filed.
The applicant shall provide permanent pedestrian crossings across all private
street intersections by either the installation of a 5-foot stamped concrete
crossing or installation of an alternative bituminous overlayment material over
the existing street material
Street lighting is currently being required with residential subdivisions to ensure
adequate street lighting throughout subdivisions. StoneRidge lighting style/
theme has yet to be determined, but will be required of this subdivision as well.
Applicant must provide water rights or cash-in-lieu prior to final plat for entire
subdivision.
Applicant must complete improvements required with previous minor
subdivision development or if substantial completion has occurred, financially
guarantee the remaining improvements.
The plat shall show a "no access" note prohibiting access from lots to North
19th Avenue.
Note on Sheet 1 of 2 contradicts Sheet 2 of 2 regarding 12-foot public utility
easement along street frontage versus the 15-foot easement shown. The final
plat shall show these corrections.
Certificate of Dedication should be amended slightly to say "private streets with
public easements".
Plans and specifications and a detailed design report for water and sewer main
extensions, storm sewer and the public street, prepared by a Professional
Engineer, shall be provided to and approved by the City Engineer and the
Montana Department of Environmental Quality. The applicant shall also provide
professional engineering services for construction inspection, post-construction
certification, and preparation of mylar record drawings. Construction shall not
be initiated on the public infrastructure improvements until the plans and
specifications have been approved and a pre-construction conference had been
conducted.
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No building permits shall be issued prior to substantial completion and City
acceptance of the required infrastructure improvements.
14.
The water main extension shall be financially guaranteed or constructed prior
to final plat approval.
15.
The final plat shall conform to all requirements of the Bozeman Area Subdivision
Regulations and the Uniform Standards for Final Subdivision Plats and shall be
accompanied by all required documents, including certification from the City
Engineer that as-built drawings for public improvements were received, a
platting certificate, and all required and corrected certificates. The final plat
application shall include two (2) signed clothback (or equivalent) copies; two
(2) signed reproducible copies on a stable base polyester film (or equivalent);
two (2) digital copies on a double-sided, high density 3 ~-inch floppy disk; and
five (5) paper prints.
16.
Conditional approval of the preliminary plat shall be in fOrce for not more than
three calendar years, as provided by State statute. Prior to that expiration date,
the developer may submit a letter of request for the extension of the period to
the Planning Director for the City Commission's consideration.
17.
If it is the developer's intent to file the plat prior to the completion of all
required improvements, an Improvements Agreement shall be entered into with
the City of Bozeman guaranteeing the completion of all improvements in
accordance with the preliminary plat submittal information and conditions of
approval. If the final plat is filed prior to the installation of all improvements,
the developer shall supply the City of 8ozeman with an acceptable method of
security equal to 150% of the cost of the remaining improvements.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Brown,
Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff and Mayor Youngman; those
voting No, none.
Break - 7:54 to 7:59 p.m.
Mayor Youngman declared a break from 7:54 p.m. to 7:59 p.m., in accordance with
Commission policy.
Continued appellate hearing - appeal to overturn ADR decision requiring the drive-up window to be
oriented away from both the North 7th Avenue and West Oak Street streetscapes on Lot 1, Block 1,
and the north 28 feet of Lot 1, Block 2, Westlake Second Subdivision - Engineering, Inc., for Montana
Taco, Inc. (1230 North 7th Avenue) (Z-01050)
This was the time and place set for the continued appellate hearing on the appeal from
Engineering, Inc., for Montana Taco, Inc., to overturn the Administrative Design Review staff's
decision requiring that the drive-up window on the new building to be constructed on Lot 1, Block 1,
and the north 28 feet of Lot 1, Block 2, Westlake Second Subdivision, be oriented away from both
the North 7th Avenue and West Oak Street streetscapes.
Mayor Youngman reopened the appellate hearing.
Assistant Planner Jami Morris presented the staff report. She stated the subject property is
located at the southeast corner of the intersection of North 7th Avenue and West Oak Street, on a
small parcel adjacent to the K-Mart parking lot. She stated the applicant is proposing the construction
of a 1,200-square-foot Del Taco fast food restaurant. The drive through window is to be accessed
via a drive aisle along the West Oak Street frontage, with the window adjacent to and visible from
the North 7th Avenue frontage.
08-20-2001
-12-
]'he Assistant Planner stated that the staff has evaluated this application in light of the
applicable criteria in the zone code as well as the entryway overlay corridor guidelines and found that
the proposed design does not comply; rather, the drive through window should be oriented away from
the street frontages. She noted that one of staff's primary concerns was conflict with adjacent
traffic, particularly at night when the headlights from those going through the drive through could
negatively impact traffic on the roadways.
Mr. Mac Fogelsong, consulting engineer representing the applicant, distributed copies of the
site plan superimposed on the landscape plan. He noted that the subject site currently has one access
from North 7th Avenue and two accesses from West Oak Street, none of which meet the 200-foot
minimum setback from the signalized intersection. He indicated that, under this application, the
existing drive into the K-Mart parking lot is to be used, with the parking area to be located along the
east side of the building and the drive through to loop around the perimeter of the building area. He
indicated that this configuration will give a significant amount of stacking area for the drive through
while alleviating potential conflicts between pedestrians and vehicular traffic.
Mr. Fogelsong stated they began the informal review process in January, and took the
comments they received from the Development Review Committee and the Design Review Board and
incorporated them into the formal application. He suggested that the addition of a 30-inch-high berm
between the drive through and North 7th Avenue, with gradual slopes and the planting of tam junipers
could reduce the distractions of the window without compromising the visual appearance of the
building.
Mr. Tim Ballou, applicant, stated that he has leased additional property to ensure adequate
parking can be provided and, if this parcel is used for any other purpose, that lease terminates. He
estimated that 60 percent of the business will be drive through traffic, thus traffic flow and minimizing
potential conflicts with pedestrian traffic are critical. He suggested that, with the 25-foot setback
from the street and the trees and proposed berm, a majority of the conflicts can be mitigated. He
concluded by indicating that several other options have been considered, but the plan submitted
seems to be the best and requested approval of that plan.
No one was present to speak in opposition to the appeal.
Assistant Planner Morris stated that staff has recommended the building be moved closer to
the street to meet the entryway guidelines, with the drive through window and parking area being
located away from the street frontages. She indicated there are several viable alternatives for doing
so while continuing to separate the drive through traffic from the pedestrian traffic. She also noted
that the Design Review Board has upheld staff's conditions of approval.
Since there were no Commissioner objections, Mayor Youngman closed the appellate hearing.
Commissioner Frost stated his concurrence that the building should be located closer to the
street, and voiced his support for the ADR decision.
Commissioner Smiley indicated she would rather not have the proposed berm, but she is also
concerned about the safety of traffic on North 7th Avenue because of the headlights in the drive
through.
Mayor Youngman recognized what the appellant is trying to accomplish, and she finds the
manner in which they have addressed access and landscaping is positive. She noted, however, that
she cannot support the drive through next to the street, particularly in light of the number of high
vehicles in the community and the minimal benefit that a berm might have.
Commissioner Kirchhoff stated he can find no error on the staff's part and, therefore, cannot
support the appeal.
Commissioner Brown recognized that the proposed design works well for the applicant, but
he is concerned about interference with traffic on North 7th Avenue and cannot support this appeal.
08-20-2001
13-
It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Commission
uphold the Administrative Design Review staff's decision on Application No. Z-01050. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Frost, Commissioner
Smiley, Commissioner Kirchhoff, Commissioner Brown and Mayor Youngman; those voting No, none.
(CLERK'S NOTE: Per Section 18.58.090, Bozeman Municipal Code, this motion has the effect of
denying the appeal.)
Discussion - FYI Items (continued)
(10) Planning Director Epple stated he has reviewed a strong pool of applicants for the
temporary planner position. He then indicated the new Historic Preservation Officer is scheduled to
begin work next Monday.
(11) Director of Public Service Arkell submitted the following. (1) Stated that Water
Treatment Plant Superintendent Dean Elliott has been monitoring water usage, and found that not as
much is being treated this year as last year. As a result, the City's water supply is still all right.
(2) Stated that staff is keeping an eye on the Fridley Peak/Trail Creek fire, cautioning that it could
impact the City's watershed if it were to break over the mountain. She is working with the Forest
Service to ensure that any closure of the forest is done jointly this year. (3) Announced that Asplundh
has begun tree trimming resulting from storm damage with six trucks in town now and the remainder
due after Missoula is cleaned up. She stated they are working five ten-hour days and are starting
around the MSU campus, in hopes to have that area cleaned up before school starts. (4) Stated that
South 4th Avenue is currently being paved with asphalt millings, and not all of the neighbors are
pleased with that project. (5) Announced that the County has closed the bridge on Story Mill Road,
so access to the landfill is via Manley Road and Mcllhattan Road. The City is working with the
County in working to keep the roads wet and magnesium chloride will be sprayed to keep the dust
down.
(12) Ms. Erica Skinger, 810 North 7th Avenue //7, gave a presentation on her concerns
about living close to Vans County Market and Firestone, in light of what appear to be high EMF levels
in her home. She noted that strange things have been happening in her home since February, and
showed examples of the carrots she has purchased over the past couple months as an example.
(13) Commissioner Kirchhoff noted that, a few months ago, Dab Dabney made a
presentation to the Commission about a parking structure with affordable housing on one of the City's
parking lots. He asked if the City should request proposals by January 1 to determine if others are
interested in similar projects.
Commissioner Smiley suggested that a project covering more area could be more beneficial,
since it could provide more parking as well as more housing.
City Manager Johnson suggested that Assistant City Manager Brey could assist by talking to
the Parking Commission and working on the request for proposals; the Commissioners concurred.
(14) Commissioner Brown stated he has received several negative comments about the close
of Main Street for Crazy Days.
Director of Public Service Arkell responded that the Downtown Bozeman Association has an
agreement with the Montana Department of Transportation that they may close Main Street four times
a year, with DBA picking the dates. She noted that the DBA chose Crazy Days and the next closure
will be September 1, for the Mustang car rally.
(15) Mayor Youngman submitted the following. (1) Asked if the WalMart hearing will be held
in another location; the City Manager responded it will be, but the location has not yet been identified.
(2) Noted that the local television station is using the All America City logo; and the Bozeman Daily
Chronicle is using it on their internal masthead. (3) Stated she is working on the next City newsletter
and identified good, accurate information and a history of fees and surcharges as an important topic
to be covered. She then asked about including a brief survey on use of monies freed up if the 9-1-1
08-20-2001
14-
mill levy is approved. In light of several Commissioner concerns, she indicated that she will submit
a draft survey to the Commission for review and comment.
Adjournment - 9:00 p.m.
There being no further business to come before the Commission at this time, it was moved
by Commissioner Kirchhoff, seconded by Commissioner Brown, that the meeting be adjourned. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff,
Commissioner Brown, Commissioner Frost, Commissioner Smiley and Mayor Youngman; those voting
No, none.
ATTEST:
ROBIN L. SULLIVAN
Clerk of the Commission
MAR~G~
08-20-2001