HomeMy WebLinkAbout2001-06-18 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
June 18, 2001
The Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building, on Monday, June 18, 2001, at 6:00 pm. Present were Mayor Youngman,
Commissioner Brown, Commissioner Frost, Commissioner Smiley, Commissioner Kirchhoff, City
Manager Johnson, Director of Public Service Arkell, Planning Director Epple, City Attorney Luwe, and
Deputy Clerk of the Commission DeLathower.
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, April 30, May 7, May 14, May
29, June 4 and June 11, 2001
It was moved by Commissioner Brown, seconded by Commissioner Frost, that the minutes of
the meeting of May 14, 2001 be approved as submitted and the minutes of the meeting of June 4,
2001 be approved as amended. 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.
Mayor Youngman deferred action on the minutes of the meetings of January 18 and February
7, 2000, and January 30, April 20, April 30, May 7, May 29, and June 11, 2001, to a later date.
Consent Items
City Manager Johnson presented to the Commission the following Consent Items.
Commission Resolution No. 3445 - certifying delinquent semi-annual assessments as
of May 31, 2001, to the County
COMMISSION RESOLUTION NO. 3445
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
DECLARING SEMI-ANNUAL SPECIAL ASSESSMENT INSTALLMENTS DUE AND
PAYABLE MAY 31, 2001, AND UNPAID AS OF 5:00 P.M. ON THAT DATE,
DELINQUENT, PURSUANT TO SECTION 7-12-4183, MONTANA CODE ANNOTATED,
AND AS PROVIDED BY CHAPTERS 2.32 AND 3.04 OF THE BOZEMAN MUNICIPAL
CODE, AND DIRECTING THE DIRECTOR OF FINANCE TO CERTIFY THE SAME TO THE
GALLATIN COUNTY TREASURER FOR COLLECTION.
Commission Resolution No. 3446 - declaring intent to establish a 2001 Sidewalk
Program; set public hearing for July 9
COMMISSION RESOLUTION NO. 3446
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
DECLARING THE CITY COMMISSION'S INTENT TO ESTABLISH A 2001 SIDEWALK
PROGRAM AND TO ORDER THAT SIDEWALKS BE INSTALLED IN CERTAIN AREAS
OF BOZEMAN, AS PROVIDED FOR IN SECTIONS 7-14-4109 AND 7-14-4110,
MONTANA CODE ANNOTATED.
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Commission Resolution No. 3447 - intent to amend master plan by amending land use
designation from "Urban Residential" to "Business Park/Industrial" on
approximately 8.821 acres beinq a portion of Lot 4A, Minor Subdivision No.
122A (northwest of Costco) (P-0112)
COMMISSION RESOLUTION NO. 3447
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, STATING THE CITY'S INTENT TO REVISE THE 1990 BOZEMAN AREA
MASTER PLAN UPDATE BY AMENDING THE LAND USE ELEMENT FROM "URBAN
RESIDENTIAL" TO "BUSINESS PARK/INDUSTRIAL" ON 8.821 _+ ACRES LOCATED
IN MINOR SUBDIVISION NO 221A, SITUATED IN THE SOUTHWEST ONE-QUARTER
OF SECTION 26, TOWNSHIP 1 SOUTH, RANGE 5 EAST, MONTANA PRINCIPAL
MERIDIAN.
Authorize City Manager to sign - Acceptance of Public Street Easement - Michael and
Katy Derzay - 45-foot-wide easement across 2.0-acre parcel lying alonR north
side of Baxter Lane west of its intersection with Thomas Lane
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.
Presentation from American Wildlands re wild river desiqnation for Upper Gallatin River - Judi Brawer
Included in the Commissioners' packets was a copy of the petition prepared by American
Wildlands for designation of the Upper Gallatin River as an outstanding resource water, along with a
sample proclamation.
Ms. Judi Brawer, American Wildlands, asked the Commission to support the petition for
designation of the Upper Gallatin River as an outstanding resource water from the Yellowstone
National Park boundary to the confluence with Spanish Creek. She stated there are 2,000 individuals,
75 businesses, and 21 local and regional recreational groups supporting this designation. They will
file the petition with the Board of Environmental Review this summer.
Commissioner Brown asked how this will affect irrigation; and Ms. Brawer responded the effect
will only be positive. This will provide an endless source of clear, clean water for the ranchers
downstream.
Commissioner Brown inquired about its effect on logging. Ms. Brawer replied loggers may
have to provide more of a buffer zone between the stream and their logging operation, and the
Department of Environmental Quality would have to examine logging proposals before issuing permits.
Commissioner Brown then asked if the County Commissioners endorse this petition. John
Vincent has endorsed the petition both personally and as a County Commissioner, stated Ms. Brawer.
She will meet with the County Commissioners in the near future to seek their approval.
It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, to support the
citizens' petition to the State of Montana to establish the section of the Gallatin River from the
Yellowstone National Park boundary to the confluence with Spanish Creek as an Outstanding
Resource Water as described in the Montana Water Quality Act. We also support the fact-finding
process described in the Montana Water Quality Act and its regulations that enables the Board of
Environmental Review and the State Legislature to determine whether the Gallatin River is worthy of
an Outstanding Resource Water designation. We ask that any adverse social or economic impacts
caused by such designation be made public and shared with our citizens before the Board makes any
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recommendation to the Montana legislature. 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.
Presentation re status of GIS project - GIS Coordinator Jon Henderson
GIS Coordinator Henderson presented an update on parcel mapping. The line work is now
completed, and they are working on an updating procedure and filling in the attributes; like the lot
area, address, legal description, land-use, and so forth. This information will be linked to existing
databases in the City, such as AS400, building permits, crime incident tracking, and many others.
It will be made available to the general public on the City's web site and can be downloaded for free.
Mr. Henderson said he hopes to have the information available for public viewing and use by July l't
In probably the next 3 to 5 years an updating procedure will be established between agencies.
GIS Coordinator Henderson pointed out that much of the credit and thanks goes to Brian
Overmann, County Clerk and Recorder's Office, who spent 10 months, a conservative figure, entering
data manually, adjusting the GIAC parcels.
Presentation of Ali-America City video
Mayor Youngman presented a preview of the video made for inclusion in the Ali-America City
competition.
Ordinance No. 1540 - vacating east/west alley in Block 19, Capitol Hill Addition, lying between the
north/south alley and South 6th Avenue
Previously distributed in the Commissioners' packets was a copy of Ordinance No. 1540, as
approved by the City Attorney, entitled:
ORDINANCE NO. 1540
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
VACATING AND ABANDONING THE EAST/WEST ALLEY IN BLOCK 19, CAPITOL HILL
ADDITION, LYING BETWEEN THE NORTH/SOUTH ALLEY AND SOUTH 6TH AVENUE,
IN THE CITY OF BOZEMAN, MONTANA.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that Ordinance
No. 1540, vacating the east/west alley in Block 19, Capitol Hill Addition, lying between the
north/south alley and South 6th Avenue, 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. 1541 - setting Commissioners' salaries, effective July 1, 2001
Included in the Commissioners' packets was a copy of Ordinance No. 1541, as approved by
the City Attorney, entitled:
ORDINANCE NO. 1541
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
FIXING THE SALARIES OF THE CITY COMMISSIONERS AND MAYOR OF THE CITY
OF BOZEMAN, MONTANA, IN ACCORDANCE WITH SECTION 2.04.070 OF THE
BOZEMAN MUNICIPAL CODE.
Commissioner Smiley voiced her opinion that the salaries should be further adjusted to $600
per commissioner and $900 for the mayor, rather than the $470 and $705 stipulated in the ordinance,
in order to set a better wage example for the community.
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Commissioner Kirchhoff added the health and dental insurance benefit, which is a significant
sum, also needs to be taken into consideration. He then noted the position of City Commissioner is
currently limited to those who can free themselves from other kinds of obligations, and Commissioner
Smiley is asking if that is the status commissioners should have. Although he prefers Commissioner
Smiley's salary suggestion, Commissioner Kirchhoff said he would be reluctant to set that amount.
Mayor Youngman added that the commissioner position has largely been a volunteer one; and,
on occasion, people have given up their jobs to make sure they can do their Commission job well.
The responsibilities of the commissioners have soared as the community has grown; but, the Mayor
said, she is unsure citizens would be willing to pay for that. She suggested including discussion of
this ordinance with the budget hearings, rather than act on it this evening.
Commissioner Frost stated he doesn't mind paying an equitable wage, but he feels this is a
public service position; and people shouldn't try to earn a living from this. He suggested $500 per
commissioner and $750 for the mayor would be equitable amounts.
Mayor Youngman said this will be brought to the community for input at some point in the
future.
Commissioner Brown stated he will support this ordinance since this is a provisional adoption
only; and he agreed the more information presented to the public, the better.
It was moved by Commissioner Brown, seconded by Commissioner Frost, to provisionally
adopt Ordinance 1541, fixing the salaries of the City Commissioners and Mayor of the City of
Bozeman, with revisions as follows: Section 1, setting the monthly salaries of the City Commissioners
at $500 each and the Mayor at $750, or one and one-half times that of the other commissioners;
Section 2, revising the sum for unexcused commissioner absence to $125 and $187.50 for a mayoral
unexcused absence and to bring back in 2 weeks for final adoption. 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.
City Attorney Luwe stated the comment that the mayor's salary needs to be one and one-half
times that of the other commissioners can be retained, but he wanted to make sure the
Commissioners understood it is not per code. The second reading will be under the new form of city
government, and those kinds of limitations may not exist.
Break 7:02 pm
In accordance with Commission policy, Mayor Youngman declared a break from 7:02 pm until
7:10 pm.
Discussion - FYI Items
City Manager Johnson presented to the Commission the following "For Your Information"
items.
(1) Letter from Eldon Huffine, dated June 14, protesting the scheduled burning of the old
house which formerly served as the Wastewater Treatment Plant Superintendent's home.
(2) Memo from LWQD Manager Alan English, dated June 13, forwarding a report prepared
by MSU students entitled Autothermal Thermophilic Aerobic Digestion of Gallatin Valley Septage.
(3) Copy of a letter from Dab Dabney, Farmhouse Partners, to Michael Delaney and Ileana
Indreland, dated March 12, identifying the negatives of locating affordable housing in their proposed
"Off Broadway" project.
(4) Copies of comment cards on the proposed WaIMart expansion.
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(5) Letter from Raleigh Haydon, 419 North Wallace Avenue, dated June 14, expressing his
concerns about removal of the "No Parking" signs along the west side of North Wallace Avenue.
(6) Letter from the MSU School of Architecture, announcing the schedule for the Wheeler
Foundation workshop, scheduled for August 1 through 3 on the MSU campus.
(7) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, June
19, at the Courthouse.
(8) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on
Tuesday, June 19, at the Professional Building.
(9) Agenda for the City Planning Board meeting to be held at 7:00 p.m. on Tuesday, June
19, in the Commission Room.
(10)
June 12.
Revised agenda for the Development Review Committee meeting which was held on
(11 ) Copy of an article Best Cities for African Americans, published in the July 2001 edition
of Black Enterprise, as forwarded by Commissioner Smiley.
City Manager Johnson offered the following FYI items: 1) Distributed copies of the NexLevel
business plans written by staff and asked the Commissioners to evaluate them with constructive
criticisms on writing and content and suggesting improvements. The purpose of creating these
business plans is to help staff develop better budget plans and 5-year plans for their departments.
Also, there is a prize for the highest quality papers - $1,000 for the top one and the second place
winner will receive $500. The papers submitted by both City staff and local businessmen have been
adjudicated by the people at NexLevel, and a City employee's paper was selected to go on to the
state competition. 2) He will be gone until next Thursday morning, and Assistant City Manager Brey
will be conducting Monday's Commission meeting in his stead.
During his FYI, Planning Director Epple submitted the following: 1) His office has received an
application submittal from WalMart and is tentatively scheduled for an August 20 public hearing.
2) Baxter Meadows is progressing and will be coming forward for Commission review. 3) He had
talked to Derek Strahn, former Historic Preservation Planner, about contracting back with the City to
do certain limited ADR reviews on historic projects, which would require special dispensation from the
Commission. Mr. Epple requested the authority to talk to Derek; and then bring forward an
agreement, under a public hearing item, for Commission consideration. All Commissioners agreed to
grant Planning Director Epple that authority by a straw poll vote.
Director of Public Service Arkell noted the following during her FYI: 1) Distributed copies of
the tree clean-up schedule, noting general pickup will begin the week of July 9th. Property owners
cannot trim the boulevard trees; residents need to call City crews to do that. 2) Listed the tonnage
diverted to the compost program and noted 87.1 tons of mulch and compost were sold and
approximately $4,000 was received from that sale. 3) Water levels are being checked every week;
and if levels begin dropping, education programs will be conducted before prohibitive actions are
taken.
Commissioner Smiley submitted the following FYI items: 1) She has been getting complaints
about odors from the wastewater treatment plant. Director of Public Service Arkell said they are
undertaking cleaning projects that have not been done for 20 years. She acknowledged there are
more odors now, but those are not preventable. 2) The Best Cities for Black Americans article was
submitted by her, and she found it intriguing to see why these are good cities for Black Americans.
She suggested the City should take note of how cities are ranked by members of their community.
3) She raised a question from the Recreation and Park Advisory Board minutes of June 14, specifically
the master plan for Rose Park. She said that plan has never been presented to the Commission, and
she would like to see that plan. Director of Public Service Arkell said she will check with
Superintendent of Facilities and Public Lands Goehrung to get a copy of that plan. Mayor Youngman
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added the thinking about the park probably has changed a lot since that master plan was done and
noted the Burke Park master plan will be forthcoming sometime.
During his FYI items, Commissioner Kirchhoff presented an update from the MDoT meeting,
noting the improvements to the intersection of Main Street and North 1 9th Avenue are scheduled for
2003. A discussion was held regarding those suggested improvements - MDoT plans call for a 4-lane
wide road, the Commission has talked about three lanes but has not yet made a decision, and the
community members present were in favor of a 5-lane facility. The biggest concern is the inability to
turn from the southbound lane on North 19th onto Main Street because the turn lane is so short and
the signal is so short. Bike lanes and sidewalks will be provided on both sides of the street, with
pedestrian refuge islands at the intersection. MDoT doesn't believe round-abouts can be used for
the volume of traffic they are anticipating at this intersection.
Commissioner Brown offered the following FYI items: 1) An opening has been created on the
Senior Citizen's Advisory Board with the death of Cleo Butler. 2) He is interested in going to the
Economic Development Conference in Great Falls.
For his FYI items, Commissioner Frost presented the following: 1 ) According to their web site,
the disc golfers believe they are going to have a large tournament course at East Gallatin Recreational
Area; and they report their dealings with the City are going well. 2) Inquired about the article
appearing in the Bozeman Chronicle and the reasons why the Chamber of Commerce isn't supporting
the library bond. Commissioner Brown stated it is because if everything proposed by the city, county,
and state passes, it will raise taxes significantly.
Mayor Youngman forwarded the following FYI item: 1 ) Michael Delaney's letter regarding his
concept review requires an immediate response and suggested it could be put on next Monday's
agenda.
Public hearing - Certificate of Appropriateness to allow new 765-square-foot master bedroom addition
and attached single-car garage on the south 15 feet of Lot 10 and all of Lot 11, Block 1, Butte
Addition, with deviation from Section 18.18.050, Bozeman Municipal Code, to allow garage to
encroach 2 feet into required 5-foot side yard setback - Jesse Sobrepena, 822 South Tracy Avenue
(Z-01052)
This was the time and place set for the public hearing on the Certificate of Appropriateness
requested by Jesse Sobrepena under Application No. Z-01052, to allow the construction of a new
765-square-foot master bedroom addition and attached single-car garage on the south 1 5 feet of Lot
10 and all of Lot 11, Block 1, Butte Addition, with a deviation from Section 18.18.050 of the
Bozeman Municipal Code to allow the garage to encroach 2 feet into the required 5-foot side yard
setback. The subject property is located at 822 South Tracy Avenue.
Mayor Youngman opened the public hearing.
Planning Director Epple presented the staff report on behalf of Historic Preservation Planner
Strahn. He noted this project would not be coming before the Commission if it were not for the one
requested deviation, to allow the new garage to encroach 2 feet into the 5-foot setback. Staff has
reviewed this application in light of the established criteria and finds it to be a commendable project
and recommends approval.
There was no public comment and none was previously received.
Since there were no Commissioner objections, Mayor Youngman closed the public hearing.
It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the Certificate
of Appropriateness requested by Jesse Sobrepena under Application No. Z-01052, to allow the
construction of a new 765-square-foot master bedroom addition and attached single-car garage on
the south 15 feet of Lot 10 and all of Lot 11, Block 1, Butte Addition, with a deviation from Section
18.18.050 of the Bozeman Municipal Code to allow the garage to encroach 2 feet into the required
5-foot side yard setback, be approved subject to the following conditions:
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The applicant shall obtain a building permit within one year of Certificate of
Appropriateness approval or this approval will become null and void.
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 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.
Continued public hearinq - Master Plan Amendment from "Urban Residential" to "Business
Park/Industrial" on approximately 8.821 acres bein(~ a portion of Lot 4A, Minor Subdivision No. 122A
- City Commission for Bozeman School District No. 7 property (northwest of Costco) (P-0112)
This was the time and place set for the continued public hearing on the Master Plan
Amendment requested by the City Commission for Bozeman School District No. 7 property under
Application No. P-0112, to amend the land use designation from "Urban Residential" to "Business
Park/Industrial" on approximately 8.821 acres described as a portion of Lot 4A, Minor Subdivision No.
122A. The subject property is located along the east side of North 27th Avenue extended, just
northwest of Costo.
Mayor Youngman reopened the continued public hearing.
Senior Planner Skelton presented the staff report. He reminded the Commissioners this
application was brought back per Commission direction; previously requested M-1 zoning was denied.
As outlined in the staff report, this application was reviewed against the four criteria set forth and
staff recommends approval, subject to one condition.
No public testimony has been received to date.
Commissioner Brown asked if an implement dealership would be appropriate with this
designation, and how does that compare with the previously requested M-1 zone. Senior Planner
Skelton replied the Commercial designation was the request of the applicant. The Planning Board felt
Business Park was more appropriate and recommended approval of that designation. In a Business
Park designation, an implement dealership could be considered as a conditional use as a planned unit
development (PUD). It would be a permitted use in M-1 or B-2 land use designations.
Mike Lilly, attorney for the applicants, stated they are not in favor of this application, rather
they are in favor of a commercial zone map application. However, they do not object to the Planning
Board's recommendation because they have run out of time on this application.
Since there were no Commissioner objections, Mayor Youngman closed the public hearing.
Commissioner Brown said Bozeman has lost considerable agricultural business as it is, and he
would hope it wouldn't lose another. He would like to maintain an implement dealership on this
parcel; and he understood that was part of the agreement with the school district.
It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that upon the
applicant providing to Planning staff an acceptable map and legal description, for staff to bring back
for possible action by the Commission a resolution amending the Master Plan land use designation
from "Urban Residential" to "Business Park/Industrial". 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.
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(A) Continued public hearing - Zone Map Amendment to establish an initial zoning designation of "BP"
on approximately 8.821 acres beinq a portion of Lot 4A, Minor Subdivision No. 122A - City
Commission for Bozeman School District No. 7 property (northwest of Costco) {Z-01061);
{B) Public hearinq - Zone Map Amendment to establish an initial zoning designation of "B-2" on same
parcel - Bozeman School District No. 7 (Z-01080)
This was the time and place set for the public hearings on two Zone Map Amendment requests
on approximately 8.821 acres described as a portion of Lot 4A, Minor Subdivision No. 122A, owned
by Bozeman School District No. 7, as follows: (A) establish an initial zoning designation of "BP",
Business Park, as requested by the City Commission under Application No. Z-01061, and (B) establish
an initial zoning designation of "B-2", Community Business, as requested by Dick and Bonnie Milligan
under Application No. Z-01080. The subject property is located along the east side of North 27th
Avenue extended, just northwest of Costo.
Mayor Youngman opened the public hearings.
Senior Planner Skelton presented the staff report. He noted option A was initiated by the
Commission, while option B was initiated by the Milligans on behalf of the Bozeman School District.
The two resolutions were considered by the Zoning Commission, and on both resolutions they voted
2 - 2. Therefore, the Zoning Commission did not forward a favorable recommendation for either
zoning designation.
No public testimony has been received, according to Planner Skelton.
Senior Planner Skelton referred to his memorandum dated June 18, 2001 and distributed to
the Commission at the beginning of this hearing, saying this third contingency of approval must be
added to the contingencies already recommended in the staff report.
Mike Lilly, attorney representing the Milligans, said this is a unique situation and should be
considered as such. With regard to the Commission's Business Park (BP) application, there is no
landowner or public support for that recommendation, nor staff or Zoning Commission support. Mr.
Lilly continued, saying if the Commission were to vote in favor of the Business Park application, it
would need to answer the following questions: 1) Why does there need to be more BP zoned property
within city limits? 2) Why BP at that location? 3) Why is BP more compatible, with B-2, M-l, and
PLI properties surrounding this parcel? Mr. Lilly maintained this parcel should be B-2 or M-1 zoned;
and he asked the Commission to reject their own application and accept the B-2 zoning, per the
applicants' application.
Richard Milligan, applicant and owner of Bozeman New Holland, read from a prepared written
statement, which provided a history of this application. He noted BP zoning is not appropriate zoning
for a tractor dealership. He reminded the Commissioners they had previously stated they want to
support small businesses in Bozeman, and now they need to seek a win/win situation. Mr. Milligan
said this is their final effort to keep their business in the city of Bozeman; they will not apply for a
PUD on this property.
Gary Griffith, Bozeman School District //7, agreed with Mr. Milligan, saying he wanted to
clarify that the school district agreed with the entire idea originally presented for this property,
including M-1 zoning across the street.
Senior Planner Skelton stated staff is of the opinion B-2 zoning would require a conditional use
permit for a farm implement dealership. Commissioner Brown asked if that would add significant time
to the application. Mr. Skelton replied it would add 2 to 3 more weeks.
Commissioner Brown stated he would be in favor of B-2 zoning as the better of the two
alternatives, and he would like to see this project go forward.
Commissioner Smiley said she, too, supports the B-2 zoning, noting it is important to keep a
business next to the school bus barn property and to retain this business in Bozeman.
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Commissioner Frost asked for confirmation that to allow a farm implement dealership in a BP
designation would require a PUD and then asked if that would take more time. Planning Director
Epple answered a PUD review is a 3-step process, while CUP and site plan reviews are 2-step
processes, so that would be adding one more step, which adds approximately 4 to 6 weeks to the
process.
Commissioner Frost continued, saying he has difficulty with B-2 zoning. There is a lot of
commercially zoned land currently within the city and commercial development doesn't need to extend
to North 27th Avenue. The zoning is going to run with the land; and if this project falls through and
this property is zoned B-2, it could become more commercial. He said he supports BP zoning here
because he, too, wants to keep this dealership at this location, which is compatible with the bus barn.
He cannot, however, support the B-2 zoning.
Commissioner Kirchhoff stated he has no problem with an implement dealership; the problem
is the B-2 zoning. The City has given up more B-2 lands than it needed to already, and he does not
want to make that mistake again. He agreed North 27th Avenue is a fine place for a farm implement
dealership, but B-2 is zoning for high commercial and he doesn't want that. Mr. Kirchhoff noted the
2020 plan does designate a community commercial zone, which would allow for these uses and
would be more restrictive of the big box-type of stores. He reiterated he will support BP, but not B-2
zoning.
Mayor Youngman asked if the Commission could go with B-2 zoning now and then when the
master plan is in place, downsize to Community Commercial because they don't want anything other
than an implement dealership to happen at this location. City Attorney Luwe responded yes, the
designation could be revisited after the master plan has been adopted. However, it is not known if
the applicant would object to later downzoning, which would make this dealership a non-conforming
use.
Commissioner Kirchhoff said it would be his druthers to go with BP zoning now, and then later
apply B-2 if it needs to be rezoned anyway.
Mayor Youngman stated she would argue for Community Commercial in a B-2 zone to
accomplish what both the Commission and the applicant want, but she also would support BP
because it would get to the same place for the applicant. It is unknown what will eventually happen
to this property, and the community needs to be protected from future undesirable uses and the
encroachment of large-scale development in this area.
Commissioner Kirchhoff asked how many acres will be devoted to the implement dealership.
Rich Milligan replied the dealership needs to occupy 5 acres of usable space, and BP zoning requires
40 percent open space. At this time, he plans to use the other half as investment property.
Commissioner Kirchhoff then inquired if the 40 percent open space would need to be
maintained. Senior Planner Skelton answered the key element of BP zoning is the 40 percent open
space provision. An applicant would not gain a favorable recommendation from staff to reduce that;
but, technically, they could through a PUD, based upon the merits of the proposal. One of the key
merits is the open space provision.
Senior Planner Skelton noted the 8 acres could be divided into 5 acres for the implement
dealership, with several l-acre parcels being sold for further development, which would then be
reviewed on their own merits. Commissioner Frost asked if the City could ask for rezoning on the
other parcels if they did, in fact, subdivide this parcel. Mr. Skelton responded the Commission needs
to be careful what zoning designation they decide on so there isn't spot zoning.
Commissioner Frost then restated that he is concerned about a large lot of B-2 zoned property
and what will be put there in the future.
Commissioner Kirchhoff pointed out this area was supposed to be the buffer for the residential
development. There is a massive commercial corridor to the east, and the City doesn't need more
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hard-core commercial next to the hard-core commercial already existing. For that reason, he favors
less open space and a BP zoning designation.
Since there were no Commissioner objections, Mayor Youngman closed the public hearing.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Frost, that upon the
applicant providing to Planning staff an acceptable legal description, for staff to bring back for possible
action by the Commission an ordinance amending Bozeman's Zone Map to initially classify the land
as "BP". The motion failed by the following Aye and No vote: those voting Aye, Commissioner
Kirchhoff and Commissioner Frost. Those voting No being Commissioner Brown, Commissioner
Smiley, and Mayor Youngman.
It was moved by Commissioner Brown, seconded by Commissioner Frost, that upon the
applicant providing to Planning staff an acceptable legal description, for staff to bring back for possible
action by the Commission an ordinance amending Bozeman's Zone Map to initially classify the land
as "B-2". The motion carried by the following Aye and No vote: those voting Aye being
Commissioner Brown, Commissioner Smiley, and Mayor Youngman. Those voting No, Commissioner
Frost and Commissioner Kirchhoff.
Public hearing - Zone Map Amendment - establish initial zoning designation of "M-1" on approximately
13.988 acres described as a portion of Parcel 2, Gordon Mandeville State School Section Subdivision -
State of Montana Department of Natural Resources and Conservation {northeast corner of intersection
of Baxter Lane and Simmental Way) (Z-01049)
This was the time and place set for the public hearing on the Zone Code Amendment
requested by the State of Montana Department of Natural Resources and Conservation under
Application No. Z-01049, to establish an initial zoning designation of "M-1" on approximately 13.988
acres described as a portion of Parcel 2, Gordon Mandevilla State School Section Subdivision. The
subject property is located at the northeast corner of the intersection of Baxter Lane and Simmental
Way.
Mayor Youngman opened the public hearing.
Assistant Planner Monroe presented the staff report noting this property is currently zoned
M-l, but that is a city/county zoning designation. Applicant is requesting a municipal zoning
designation of M-1 at this time.
Commissioner Kirchhoff asked if this is a sliver of a larger parcel the applicant owns. Planner
Monroe replied there is another 14 acres. There is a development proposed, with the contingency
this must be an M-1 zone. Planning Director Epple added there is preliminary approval for a
subdivision, but there are no formal site plans at this time. Planning anticipates there will be a
smattering of M-1 uses, subject to entryway corridor guidelines.
Since there were no Commissioner objections, Mayor Youngman closed the public hearing.
It was moved by Commissioner Frost, seconded by Commissioner Smiley, that upon the
applicant providing to Planning staff an acceptable map and legal description, for staff to bring back
for possible action by the Commission an ordinance amending Bozeman's Zone Map to initially classify
the land as "M~I". 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 - Preliminary Plat for Amended Plat of Block 17, New Hyalite View Subdivision - Rocky
Mountain Engineers for Westland Enterprises, Inc. - subdivide 2.7 acres into 8 single-family residential
lots and I lot of open space {along west side of Holly Drive at Ash Drive extended) (P-0113)
This was the time and place set for the public hearing on the preliminary plat for the Amended
Plat of Block 17, New Hyalite View Subdivision, as requested by Rocky Mountain Engineers for
Westland Enterprises, Inc., under Application No. P-0113, to subdivide 2.7 acres into 8 single-family
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residential lots and 1 lot of open space. The subject property is located along the west side of Holly
Drive at Ash Drive extended.
Mayor Youngman opened the public hearing.
Planning Director Epple presented the staff report on behalf of Assistant Planner Caroline,
saying this outlot has existed since this subdivision was originally platted and was dedicated to the
Bozeman School District for a possible school location. Subsequently, the District concluded this was
an inappropriate school site and the site was auctioned back to the original owners and has been held
since that time. Both Staff and the Planning Board have reviewed this application and recommend
conditional approval.
Mr. Epple noted Holly Drive is slated for sidewalk installation next summer, and sidewalks will
be installed on Ash Drive in conjunction with the installation on Holly Drive. The applicant disagrees
with the requirement for sidewalk installation on Ash Court at the time the subdivision infrastructure
is installed. Planning Board recommends installation at the time the homes are occupied. Planning
Director Epple reminded the Commission the applicant has not requested a variance at this time, so
that cannot be considered. Staff is recommending bridging over the sidewalks to protect them.
Ray Center, Rocky Mountain Engineers, was present to answer questions. Regarding the
intersection of Ash Court and Ash Drive, Mr. Center stated the alignment of Ash Court is as
perpendicular to Ash Drive as possible.
Tom Simkins, 2005 Lomas Drive, disagreed with bridging being successful and not having
heavy rigs damaging sidewalks. He stated they didn't realize they had to request a variance to delay
sidewalk installation.
Carol Diffendaffer, 1215 North Cedarview, questioned the grade and height of these new
homes. Planning Director Epple told her the building height is measured from the lowest point to the
tip of the roof. A steep pitched roof is 32 feet, a flatter roof is 28 feet, and less than a 3:12 pitch
roof is 24 feet.
Frank Manseau, 1209 North Cedarview, asked for clarification of what terminology is used;
single-family or single-household. Planning Director Epple clarified the zone code specifically refers
to single household, which is binding.
Mark Kramer, 1421 Cherry Drive and representing the New Hyalite View subdivision's
neighborhood group, said their primary concern is if the housing is going to remain the same square
footage as the rest of the subdivision. Other than that concern, he has received no other negative
comments. He noted there could be a possible problem with no stop sign at the intersection of Ash
Court because this is the half-way point of the subdivision. People turning left will be a traffic hazard
because they have to cross the flow of traffic, and he would suggest a stop sign on Ash Court.
Mayor Youngman asked if, under subdivision approval, can compatibility with established
neighborhood be added as a requirement. Planning Director Epple replied it is not possible to require
compatibility with an established neighborhood.
Responding to the stop sign on Ash Court suggestion, Director of Public Service Arkell stated
staff will look at the plans and review the streets to determine if a sign is required at that intersection.
Since there were no Commissioner objections, Mayor Youngman closed the public hearing.
It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the
preliminary plat for the Amended Plat of Block 17, New Hyalite View Subdivision, as requested by
Rocky Mountain Engineers for Westland Enterprises, Inc., under Application No. P-0113, to subdivide
2.7 acres into 8 single-family residential lots and 1 lot of open space, be approved subject to the
following conditions:
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There shall be a note on the plat restricting access onto Holly Drive from Lots
7 and 8.
The applicant shall include a notation on the final plat and amend the by-laws
and protective covenants of the homeowner's association, whereby both
documents include language that defines the front, side, and rear yards of each
individual corner subdivision lot and that the determination of all required yards
shall be further reviewed and approved by the Planning Office during the
processing of applications for building permits for each individual residential
dwelling.
10.
Applicant shall install a temporary construction barrier surrounding the subject
property during construction and infrastructure installation in order to protect
the open space/park areas and reduce debris.
11.
Any areas within the open space affected during construction will be corrected
and rehabilitated.
12.
There shall be no construction traffic allowed on the open space/park area
surrounding the subject property. All construction traffic shall utilize the cul-de-
sac or on the individual private lot(s) under construction.
Applicant shall rename the proposed Ash Court. Applicant shall check with
County Clerk and Recorder's Office for appropriate street names in order to
avoid any duplication or similar naming within the city and county.
The applicant is advised that the storm drain shown on the property line
between lots 6 and 7 may not be an open channel.
While sidewalks along Holly Drive will not be required at this time, the finished
grade of the right of way shall be such that sidewalks can be installed at a
future date without significant regrading of the right-of-way.
The park boundary bordering all private lots shall be delineated at the common
private/public corner pins, with flat, flexible fiberglass posts, a minimum of 6-
feet in length with no less than 2-feet driven into the ground. Each post must
be labeled with a permanent glue on sign stating "Park Boundary" or "Property
Boundary".
A declaration of covenants for the homeowners' association must be included
and recorded with the final plat which specifically includes the provisions from
Section 16.34.030, as well as provisions for owners association maintenance
of all applicable homeowners' association open space, relevant parks areas,
park area landscaping, park area pedestrian facilities, perimeter fencing, and
stormwater facilities.
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.
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,
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14.
15.
16.
17.
18.
19.
the developer may submit a letter of request for the extension of the period to
the Planning Director for the City Commission's consideration.
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 Bozeman with an acceptable method of
security equal to 150% of the cost of the remaining improvements.
The Water/Sewer Department will review engineered plans and submittals when
they are provided.
A Stormwater Drainage, Treatment and Grading Plan for a system designed to
remove solids, silt, oils, grease, and other pollutants from the runoff from the
public streets and all lots must be submitted to and approved by the City
Engineer. Detailed review of the stormwater plan will be part of the
infrastructure plan and specification review process.
Plans and specifications for water and sewer main extensions, prepared and
signed by a Professional Engineer (PE) registered in the State of Montana shall
be provided to and approved by the City Engineer. Water and sewer plans shall
also be approved by 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
preconstruction conference has been conducted.
No building permits shall be issued prior to substantial completion and City
acceptance of all required public infrastructure improvements.
Ash Court shall be constructed to a full City standard, i.e., 37 feet from back
of curb to back of curb as part of the subdivision improvements. Unless a
variance is granted by the City Commission, pursuant to Section 16.14.040 of
the subdivision code sidewalks along Ash Court shall be installed at the time of
the installation of the street improvements.
Plans and specifications for the public streets, including curb, gutter, sidewalk
and related storm drainage infrastructure improvements, prepared by a
professional engineer (P.E.) registered in the state of Montana, shall be provided
to and approved by the City Engineer prior to initiation of construction.
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 street until the
plans and specifications have been approved by the City Engineer and a pre-
construction conference has been conducted.
While the plat may be filed if the required infrastructure improvements are
financially guaranteed, no building permits shall be issued prior to substantial
completion and City acceptance of the required street, curb and gutter,
sidewalk and stormwater infrastructure improvements.
Easements for the sewer main extensions shall be a minimum of 30 feet in
width, with the utility located in the center of the easement. In no case shall
the utility be less than 10' from the edge of the easement. All required
easements shall be provided prior to final plat approval.
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20.
The Montana Department of Fish, Wildlife and Parks, Soil Conservation Service,
Montana Department of Environmental Quality and Army Corps of Engineers
shall be contacted regarding the proposed project and any required permits (i.e.,
310, 404, Turbidity Exemption, etc.) shall be obtained prior to infrastructure
plan and specification approval.
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.
Break 9:06 pm
Mayor Youngman declared a break from 9:06 pm until 9:12 pm, in accordance with
Commission policy.
Executive session re litigation
Mayor Youngman announced her intent to close the meeting and enter into executive session,
under Section 2-3-203(4), M.C.A., for the purpose of discussing litigation, noting that if the issue
were discussed in open meeting, it would have a detrimental effect on the litigating position of the
City.
Ron Tschida, reporter for the 8ozeman Chronicle, objected to the closing of the meeting on
the grounds that Montana constitution makes no such provision. He then asked for an explanation
of how an open meeting would be detrimental to the City's litigating position. Mayor Youngman
responded by saying disclosing its litigation strategy is not something the City wants to do.
At 9:12 pm, Mayor Youngman called an executive session for the purpose of discussing
litigation strategy and asked all of the persons except the City Manager, City Attorney, and Deputy
Clerk of the Commission to leave the room.
At 9:54 pm, Mayor Youngman closed the executive session and reconvened the open meeting.
Adiournment - 9:55 pm
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 Kirchhoff, and Mayor Youngman; those
voting No, none.
MA~GM~~~or
ATTEST:
ROBIN L. SULLIVAN
Clerk of the Commission
PREPARED BY:
Deputy Clerk of the Commission
06-18-2001