HomeMy WebLinkAbout2001-05-29 Minutes, City CommissionMINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
May 29, 2001
The Commission of the City of Bozeman met in regular session in the Commission Room,
Municipal Building, on Tuesday, May 29, 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, Staff Attorney Day-
Moore, and Deputy Clerk of the Commission DeLathower.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
City Manager Johnson requested that the Findings of Fact for Cattail Creek Subdivision be
removed from the Consent Items for discussion.
Minutes - January 18 and February 7, 2000, and January 30, April 20, April 30, May 7, May 14, May
21 and May 24, 2001
It was moved by Commissioner Brown, seconded by Commissioner Frost, that the minutes of
the meeting of April 30, 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.
Mayor Youngman deferred action on the minutes of the meetings of January 18 and February
7, 2000, and January 30, April 20, May 7, May 14, May 21 and May 24, 2001 to a later date.
Consent Items
City Manager Johnson presented to the Commission the following Consent Items.
Proclamation -"Trails Day" -June 16, 2001
Exemption from subdivision review - realign common boundary between Tract 5C and
Tract 5D, Rearrangement of Elks Club Property Subdivision Allen and
Associates for Intermountain Developers, Inc., and KEO Land & Livestock, LLC
(boundary between Continental Motor Inn, 1324 East Main Street, and KO's
Club, 1332 East Main Street) (E-0102)
Acknowledge receipt of aoDlication for annexation submitted by MSU Foundation -
43.56 acres described as a portion of Tract 2, West College Minor Subdivision
(s. outh of West Main Street, between South 19th Avenue and Fowler Avenue
extended); refer to staff
Concur in Recreation and Parks Advisory Board recommendation to name the new park
in Sundance Sprinqs Subdivision the "Tuckerman Park" and to name the trail
on the south boundary of the subdivision the "Goldenstein Trail"
Authorize Mayor to sign - Amended Interlocal Agreement between Gallatin County and
the City of Bozeman for Joint Communication/Dispatch Services/Records
Authorize City Manaqer to sign ~ Acceptance of Pedestrian Access Easement GranTree
Hotel Limited Partnership and North 7th Properties, LLC - 5-foot-wide easement
across Lot 2A, Block 1, and Lot lA, Block 2, Amended Plat of Tan,qe's Addition
(GranTree Inn, 1235 North 7th Avenue)
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Authorize Commissioners to sign - applications for 2001 CTEP projects:
(1) landscaping enhancements to CMC property; (2) historic lighting along
frontage of Emerson Cultural Center property; and (3) handicapped ramps
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.
Authorize Mayor to sign - Findings of Fact and Order for Cattail Creek Subdivision, Phase I (subdivide
60.65 acres located between Baxter Lane and Valley Center Drive at North 27th Avenue extended
into 19 multi-family residential lots and 19 commercial/industrial lots)
City Manager Johnson reminded the Commission that he had requested this item be removed
from the Consent Items for discussion, in response to a request from Commissioner Frost.
Commissioner Frost pointed out this subdivision should have a condition added that it must
meet current street lighting code.
It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the Mayor
be authorized to sign the Findings of Fact and Order for Cattail Creek Subdivision, Phase I, as
amended to include the condition requiring that lighting comply with code requirements. 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. 1537 - providing for orderly transition from the Municipal Commission-Manager form
of government to Commission-Manager form of government, effective July 1, 2001, and amending
various sections of the Bozeman Municipal Code to reflect that transition
Included in the Commissioners' packets was a copy of Ordinance No. 1537, revised in
response to comments during the May 14 Commission meeting, as approved by the City Attorney,
entitled:
ORDINANCE NO. 1537
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY AMENDING
SECTIONS 2.01.010, 2.01.020, 2.04.040.A., 2.04.050, 2.04.080, 2.04.090.A.,
2.08.010, 2.08.020, 2.16.010, 2.32.010.C., 2.32.010.D., 2.32.030.A,, 2.32.050,
2.40.010, 2.44.010, 2.44.020, 2.44.030, 2.48.010, 10.04.050, 10.32.395.C.,
10.56.030, 10.56.040, 10.60.010, 10.60.020.A. 12.32.060, AND 12.32.130, TO
PROVIDE FOR THE ORDERLY TRANSITION FROM THE MUNICIPAL COMMISSION-
MANAGER FORM OF GOVERNMENT TO THE COMMISSION-MANAGER FORM BY
AMENDING THE DECLARATION OF POLICY, DEFINITIONS, REQUIREMENTS FOR
COMMISSION MEETINGS, VOTING REQUIREMENTS FOR COMMISSIONERS, POWERS
AND DUTIES OF THE COMMISSION, REQUIREMENTS FOR ORDINANCES AND
RESOLUTIONS, APPOINTMENT AND POWERS AND DUTIES OF THE CITY MANAGER,
COMPENSATION OF CITY MANAGER, APPOINTMENT AND AUTHORITY OF CITY
ATTORNEY, APPOINTMENT AND POWERS AND DUTIES OF DIRECTOR OF FINANCE,
FISCAL YEAR, DUTIES OF CLERK OF THE COMMISSION IN ASSISTING DEPARTMENT
OF FINANCE, POWERS AND DUTIES OF DIRECTOR OF PUBLIC SAFETY, POWERS
AND DUTIES OF DIRECTOR OF PUBLIC SERVICE, POWERS AND DUTIES OF
DIRECTOR REGARDING SEWER CONNECTIONS, DEPARTMENT OF PUBLIC SERVICE
PERSONNEL, POWERS AND DUTIES OF DIRECTOR OF DEPARTMENT OF PUBLIC
WELFARE, ADMINISTRATION AND ENFORCEMENT POWERS AND DUTIES OF THE
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DEPARTMENT OF PUBLIC SAFETY, ENFORCEMENT OF MSU RESIDENTIAL PARKING
DISTRICT, TRAFFIC ACCIDENT REPORT DUTIES, TRAFFIC VIOLATION DUTIES,
AUTHORITY OF POLICE AND FIRE OFFICERS REGARDING ENFORCEMENT,
IMPOUNDMENT OF VEHICLES, POLICE PROTECTION, AND ADMINISTRATION OF
PARADE OR PUBLIC ASSEMBLY PERMITS; AND REPEALING SECTIONS 2.04.100,
2.20.010, 2.40.020, 2.40.030, 2.40.040, 2.40.050, 2.48.020, PERTAINING TO THE
FORM OF GOVERNMENT, HEALTH OFFICER, POLICE FORCE, FIRE FORCE,
APPLICATION OF LAWS TO POLICE AND FIRE DEPARTMENTS, ENFORCEMENT OF
UNIFORM BUILDING CODES, AND EMPLOYMENT OF PERSONNEL IN THE
DEPARTMENT OF PUBLIC WELFARE.
City Attorney Luwe reminded the Commission this ordinance was provisionally adopted on May
14th, the requested changes have been made to the ordinance, and staff recommends final approval
on the second reading.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that Ordinance
No. 1537, providing for the orderly transition from the Municipal Commission-Manager form of
government to Commission-Manager form of government, effective July 1, 2001, and amending
various sections of the Bozeman Municipal Code to reflect that transition 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. 1539 - adding Chapter 8.30 to the Bozeman Municipal Code, to regulate, restrict or
prohibit production or emission of noises which a reasonable person may find offensive
Included in the Commissioners' packets was a copy of Ordinance No. 1538, as approved by
the City Attorney, entitled:
ORDINANCE NO. 1539
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY ADDING
CHAPTER 8.30 TO REGULATE, RESTRICT OR PROHIBIT THE PRODUCTION OR
EMISSION OF NOISES OR AMPLIFIED SPEECH, MUSIC, OR OTHER SOUNDS WHICH A
REASONABLE PERSON MAY FIND OFFENSIVE.
Also included in the packets was a memo from Staff Attorney Day-Moore, dated May 23,
forwarding background information on this ordinance.
Staff Attorney Day-Moore stated her memo provides a brief history of this ordinance. On pages
4 and 5 of the ordinance, under the "Exceptions" section, the word "and" will be added between the
allowable hours of operation.
Commissioner Kirchhoff asked what happened to the decibel level reading and monitoring
provisions. Staff Attorney Day-Moore replied decibel levels are set out in Bozeman Zone Code; and
the decibel meter will be used for enforcement during the day, once the City has obtained one, and
this ordinance will used at night.
Commissioner Brown asked if this ordinance will be hard to enforce without a decibel meter.
Ms. Day-Moore responded no, because the borderline cases aren't going to be cited, only the worst-
case scenarios. The chief concern is that people are going to be calling the Commissioners and
complaining that they called the police to report a violation, and the police didn't write the offender
a ticket. After a decibel meter is purchased, the zone code enforcement officer will be writing tickets
during the day, rather than the police. This ordinance will be easier to enforce than the disturbing the
peace ordinance.
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Mayor Youngman asked if specific time periods were taken into account for loud party noises.
Staff Attorney Day-Moore said it is hard to shut those kinds of parties down, even with a time frame
included in the ordinance. And the City doesn't want to tell people what they can do in their own
homes. Commissioner Brown inquired as to whom the ticket would be written to for these loud
parties, the tenants or the landowners. Staff Attorney Day-Moore answered the ticket would be
written to the tenants, but one could also be written to the landowner; that would be up to the
discretion of the police.
Commissioner Brown said it isn't clear in this ordinance if money and/or time in jail is the
penalty. Staff Attorney Day-Moore stated it is one or the other; it is not common practice to give jail
time unless the individual is a very chronic offender, but that decision is left up to the discretion of
the court.
Staff Attorney Day-Moore noted she will add language which states that every time the police
are called it is a separation violation. She believes that is implied in this ordinance as written, but she
is willing to make the language stronger to make sure it is very clear.
Mayor Youngman opened the public hearing.
Chandler Dayton, 716 East Peach Street, asked if any of this language addresses trucks running
while loading and unloading at night. Staff Attorney Day-Moore replied it does address those
concerns. Ms. Dayton stated she would like to encourage all trucks be turned off during unloading,
which would also save fuel.
Jon Gerster, 719 North Wallace Avenue, feels this is an important ordinance for mixed-use
neighborhoods, and he whole-heartedly supports this ordinance.
Chris Ni×on, 719 North Wallace Avenue, questioned if this ordinance addresses the late-hour
escapades occurring on Main Street so more people can live downtown and have it be a pleasant area
to reside.
Jeanne Wiese, 707 North Wallace Avenue, asked if this ordinance covers the down braking of
trucks.
Jim Vernon, 712 East Peach Street, asked what the considerations were in deciding to select
5:00 am rather than 6:00 am as the allowable starting hour. Staff Attorney Day-Moore answered the
5:00 am time came from the City Sanitation Department; they are not able to get their work done if
they aren't able to begin until 6:00 am. This ordinance provides for the exception of public safety
activities like street sweeping and snow plowing.
Since there were no Commissioner objections, Mayor Youngman closed the public hearing.
By unanimous decision, the Commissioners agreed to provisionally adopt this ordinance today;
and the suggested changes will be included when this ordinance comes forward for the final reading.
It was moved by Commissioner Brown, seconded by Commissioner Frost, that Ordinance No.
1539, adding Chapter 8.30, regulating, restricting, or prohibiting the production of emission of noises
which a reasonable person might find offensive, to the Bozeman Municipal Code be provisionally
adopted; and that it be brought back in two weeks, with changes, 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.
Request for water impact fee credits - Bozeman School District No. 7 - for extension of water services
to the new bus barn facility located along North 27th Avenue, south of Valley Center Drive
Included in the Commissioners' packets was a memo from Associate Planner Saunders, dated
May 23, 2001, forwarding the request and staff's analysis and recommendation for approval, subject
to four conditions.
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Associate Planner Saunders presented an overview of this request per his memo, noting this
is in response to on-going litigation.
No public comment was received, and there was no Commission discussion.
It was moved by Commissioner Frost, seconded by Commissioner Smiley, that the request for
water impact fee credits requested by 8ozeman School District No. 7 for extension of water services
to the new bus barn facility be approved, subject to the following conditions:
1. The credit will not be paid as cash.
The credit will be made available as a value of $13,980.28 against which the credit
holder may draw to reduce water impact fee payments as individual building permits
are sought as detailed in Section 8.24.100.E., Bozeman Municipal Code.
If Cause No. DV-99-71 is determined prior to the approved credit becoming
effective, as that term is defined in Section 3.24.100, Bozeman Municipal Code;
and if the final determination of Cause No. DV-99-71 is that impact fees or impact
fee credits cannot be charged or credited by the City of Bozeman, then no impact
fee credit shall be available to the applicant under this award.
4. The applicant shall agree in writing to the above listed conditions of approval prior
to the credits becoming effective.
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.
Staff update re improvements in the northeast sector of the community
Director of Public Service Arkell asked for clarification and direction from the Commission on
future planning for North Wallace Avenue because staff has received several conflicting directions.
A memo from Engineering Assistant Kerr, outlining results of a North Wallace Avenue speed
and truck traffic study, conducted at the intersection of Fridley Street, was distributed.
Director of Public Service Arkell stated staff has looked at the width of North Wallace Avenue
and has determined it would be feasible to safely reinstate parking on the westbound lane to add
additional parking spaces and assist in traffic calming.
Commissioner Frost reviewed the list of things he would like considered for implementation in
the northeast portion of town, specifically:
Designation of a truck route
Installation of crosswalks - the neighborhood needs to decide where they should go
Initiating parking on both sides of Wallace Avenue
Right-of-way of existing encroachments on Wallace Avenue need to be taken back by the City
Installation of concrete sidewalks on North Wallace Avenue as far north as possible
Study of what rights-of-way are available for streets on the north end of town to decide if they
are necessary or not
Does not favor installation of stop signs because they will increase noise and pollution
By unanimous straw vote, the Commission agreed to the following: 1) designation of a truck
route, which should be forthcoming in September; 2) administratively reinstate parking on both sides
of Wallace Avenue; 3) direct staff to provide actual location of all rights-of-way, as well as the
location and widths of all streets; 4) add the northeast area to the sidewalk priority list; 5) let the
neighborhood suggest the desired sidewalk locations, including crosswalk locations and possible
installation of stop signs, which will then be discussed with staff.
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Mayor Youngman opened the public hearing.
Dan Guggenheim, 418 North Wallace Avenue, said he would be interested in seeing stop signs
installed on Wallace Avenue, particularly since it has now been designated a local street, because
there is no traffic control.
Jon Gerster, 719 North Wallace Avenue, provided the Commission with traffic counts he had
informally conducted today at the North Wallace Avenue/East Aspen Street intersection. He feels
traffic studies are informative but do not predict the future of Wallace Avenue. He suggested gross
vehicle weight limits on North Wallace Avenue to regulate the size of loads allowed. Mr. Gerster
stated there is a lot of pedestrian traffic on North Wallace Avenue, even though there is not a lot of
homes because it is a designated trail.
Chandler Dayton also disagreed with not installing stop signs, saying there needs to be one at
the corner of Peach Street and Wallace Avenue.
Chris Nixon acknowledged millings have benefitted a number of people, and it would be
advisable to put them down on any dirt or gravel streets remaining. He agreed it would save a lot of
people money, as well as benefit development, if the actual location of streets and rights-of-way were
identified.
Director of Public Service Arkell stated the installation of stop signs on Wallace Avenue would
require a change of ordinance because Wallace Avenue is designated as a through or arterial street,
and all intersecting streets are required to stop. The installation of stop signs was studied in 1992,
and staff recommends stop signs not be installed. Ms. Arkell noted Wallace Avenue to Tamarack
Street is currently on the sidewalk priority list. She acknowledged that while millings are good, not
all people want their roads paved.
City Manager Johnson asked if the City could consider removing the stop signs at controlled
intersections, to which Ms. Arkell responded not until the ordinance is changed. City Manager
Johnson then asked if the Commission would entertain taking those stop signs out to have
uncontrolled intersections in order to slow traffic and decrease accidents. Director of Public Service
Arkell noted that her department gets many requests from residents all over town to add stop signs
in order to slow and control the traffic.
Break 8:10 pm
Mayor Youngman declared a
Commission policy.
break from 8:10
pm until 8:17 pm, in
accordance with
Discussion - FYI Items
City Manager Johnson presented to the Commission the following "For Your Information" items.
(1) Copy of the 2001 legislative report as prepared by the Montana League of Cities and
Towns.
(2) Listing of planning projects to be considered at upcoming Commission meetings.
(3) Copy of a letter to James J. Smith, Montana Microbiological Services, dated August 25,
1999, as submitted by City Manager Johnson in response to recently raised issues regarding
mandated tests.
(4) Copy of a letter from Qwest dated May 11, announcing increases in the local pay phone
call rate to fifty cents.
(5) Copy of a postcard from Dede Christman asking that the Beall Park Arts Center lease be
extended for a five-year period.
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(6) Copy of a letter from Cindy Younkin, Moore, O'Connell and Refling, dated May 22, to
Director of Public Service Arkell regarding the need to obtain water rights for use of the Madison
aquifer water.
(7) Minutes from the 9-1-1 Administrative Board meeting held on April 25, 2001.
(8) Agenda for the County Commission meeting to be held at 9:00 am today at the
Courthouse.
(9) Agenda for the Development Review Committee meeting held at 10:00 am today at the
Professional Building.
During his FYI, City Manager Johnson offered the following: 1) He and County Attorney
Lambert met with the County Commissioners regarding decisions made by the 9-1-1 Administrative
Board and suggesting that in November, 2001 the Commission place on the ballot the issue of placing
control of the 9-1-1 Center under the Gallatin County Sheriff's Office with the Administrative Board
to then be dissolved. 2) The City Managers will be meeting here on June 6, although it is not an
official meeting and attendance will probably be Iow. 3) The Firefighter Testing Consortium is working
to build a hiring pool for firefighters. 4) There were only seven police applicants that made it to the
interviewing process, and five officers need to be hired.
Planning Director Epple highlighted the following FYI items: 1) The parking of semi-trailers in
the Pear Street right-of-way continues. The Code Enforcement Officer has contacted them, and they
have agreed to correct this situation. 2) The Coordinating Committee is reviewing the inter-
governmental agreement draft. Commissioner Kirchhoff added the County is asking the City to sign
off on an agreement that is no different than what is in place today. Planning Director Epple noted
there are aspects of the agreement stating the County will require streets built to city standards,
buildings built to city code, and water/sewer lines hooked into city services.
During her FYI, Mayor Youngman noted the following: 1) The Transportation Coordinating
Committee unanimously supports the transportation plan as revised, including many of the
Commission proposals. 2) The Board of Health has adopted the second-hand smoke resolution, with
revisions. When the draft resolution is completed, this issue will be coming forward to the
Commission. Tobacco Free Gallatin is putting together a draft ordinance and will be coming to
present it to the Commission. The Commission will want them to go to facilitation to get input before
the public hearing process; but, she asked, should facilitation with the Community Mediation Center
be mandated? Commissioner Brown stated his preference to do that. Commissioner Kirchhoff stated
facilitation works well when there are mind-boggling situations; but this is much narrower in scope,
so he doesn't see a benefit to facilitation on this issue. Commissioner Smiley said facilitation helps
people to believe they've been heard. Mayor Youngman pointed out the Commission has committed
to facilitation, and they cannot back off from that commitment. 3) Upon reviewing the Town Meeting
evaluation forms, it appears almost everyone said the most valuable portion of the evening was the
small-group discussions. She asked if the Commissioners would be interested in having one
Commissioner offer a small-group discussion on a designated theme every quarter. 4) The Ali-America
Award preparations are her first priority right now; there is still a lot to be done before leaving for
Atlanta.
Commissioner Frost offered the following FYI items: 1) He distributed a transportation article
from US News he would like to have all the Commissioners read. 2) Asked how building codes can
be enforced in the county; for example, what is the City going to do if WaIMart builds a superstore
right outside city limits? It will never be able to be annexed because the City won't know if the
building is safe. Planning Director Epple stated commercial buildings are subject to state building
codes.
During his FYI Commissioner Kirchhoff asked a question about the master planning of the 43
acres of experimental station land; specifically how are they going to get access to College Street?
And what are they specifically planning to build on the B-2 and B-3 zoned properties? Planning
Director Epple responded the Commission will have an opportunity to take a full look at this project
at a later date.
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Public hearing - Master Plan Amendment from "Urban Residential" to "Business Park/Industrial" on
approximately 8.821 acres being 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 public hearing on the Master Plan Amendment requested
by the City Commission, under Application No. P-0112, to change the land use designation from
"Urban Residential" to "Business Park/Industrial" on 8.821 acres of Bozeman School District No. 7
property described as a portion of Lot 4A, Minor Subdivision No. 122A. The subject property is
located immediately northwest of Costco.
Mayor Youngman opened the public hearing.
Included in the Commissioners' packets was a memo from Senior Planner Skelton, dated May
23, requesting that this public hearing be opened and continued to June 18 to give the City Planning
Board an opportunity to review this application and forward its recommendation.
It was moved by Commissioner Smiley, seconded by Commissioner Kirchhoff, that the public
hearing be continued to June 18, per staff's request. 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 - Zone Map Amendment to establish an initial zoning designation of "BP" on
approximately 8.821 acres being a portion of Lot 4A, Minor Subdivision No. 122A - City Commission
for Bozeman School District No. 7 property (northwest of Costco) (Z-01061)
This was the time and place set for the public hearing on the Zone Map Amendment requested
by the City Commission, under Application No. Z-01061, to establish an initial zoning designation of
"BP" on 8.821 acres of Bozeman School District No. 7 property described as a portion of Lot 4A,
Minor Subdivision No. 122A. The subject property is located immediately northwest of Costco.
Mayor Youngman opened the public hearing.
Included in the Commissioners' packets was a memo from Senior Planner Skelton, dated May
23, requesting that this public hearing be opened and continued to June 18 to give the Zoning
Commission an opportunity to review this application and forward its recommendation.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Brown, that the public
hearing be continued to June 18, per staff's request. 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.
Public hearing - Conditional Use Permit - Martel Construction for Gallatin Valley Health/Fitness Group,
LLC - allow construction of 49,400-square-foot health/fitness facility on Lot 1, Spring Creek Village
Subdivision (northwest corner of intersection of Ferquson Avenue and Fallon Street) (Z-01053)
This was the time and place set for the public hearing on the Conditional Use Permit requested
by Martel Construction for Gallatin Valley Health/Fitness Group, LLC, under Application No. Z-01053,
to allow construction of a 49,400-square-foot health/fitness facility on Lot 1, Spring Creek Village
Subdivision. The property is located at the northwest corner of the intersection of Ferguson Avenue
and Fallon Street.
Mayor Youngman opened the public hearing.
Assistant Planner Caroline presented the staff report, noting this location is outside of an entry-
way corridor; but the applicant did go to the Design Review Board for landscaping and architectural
comments. Both the Design Review Board and the Development Review Committee have reviewed
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this application against the criteria set forth and recommend approval subject to conditions as outlined
in the staff report.
Commissioner Frost asked what became of the previous discussion regarding moving the
sidewalk farther away from Ferguson Avenue. Assistant Planner Caroline responded the applicant for
Spring Creek Village requested a variance for a meandering trail type walkway, which was denied.
Mr. Delaney is now considering coming before the Commission for a change to a previously approved
final plat to allow a more meandering standard sidewalk.
Commissioner Frost then questioned the placement of the boulevard trees. Ms. Caroline stated
they are located to allow for the future expansion of Ferguson Avenue. Commissioner Frost
responded that goes against what the Commission wants to accomplish, particularly since no one
knows when Ferguson Avenue will be extended.
Commissioner Kirchhoff stated he is inclined to agree with the Design Review Board
recommendation that the efface be broken up with some other material, particularly on the lower
portions of the building. Assistant Planner Caroline stated since this project is outside of the entryway
guidelines, the Main Street guidelines were used. It was felt it was more favorable to break up the
dryvit with banding of color and elevation treatment above the windows.
Commissioner Frost expressed his concern with the landscaping on the east side of the building,
fearing the street traffic will be looking at a very linear and very unbroken building. He said he prefers
to have that facade broken up with landscaping.
Mayor Youngman opened the public hearing.
Kurt Ratz, CTA Architects and Engineers, stated they have read through the conditions and feel
comfortable with complying with them. Regarding the east elevation, there will be some earthen
berming that will come up to the bottom of the window sills.
Since there were no Commissioner objections, Mayor Youngman closed the public hearing.
It was moved by Commissioner Brown, seconded by Commissioner Frost, that the Conditional
Use Permit requested by Martel Construction for Gallatin Valley Health/Fitness Group, LLC, under
Application No. Z-01053, to allow construction of a 49,400-square-foot health/fitness facility on Lot
1, Spring Creek Village Subdivision, be approved subject to the following conditions:
1. The Spring Creek Village minor subdivision final plat must be filed and recorded with
the County Clerk and Recorder's Office prior to final site plan approval.
2. Applicant shall install a minimum of two bike racks for this type of facility and
details and locations shown on the final site plan.
Applicant shall rearrange the parking area in order to maximize the use of double-
loaded stalls and drive aisles most efficiently, with the possible extension of the
main drive aisle from the Ferguson Avenue entrance through the parking area.
.,
Said location of the proposed stormwater runoff drainage swale shall be situated
along Ferguson Avenue streetscape such that the centerline of said drainage swale
is fifty (50) feet back from the east property line along Ferguson Avenue. If the
drainage swale is to be located within the required 50-foot front yard setback, it
shall be landscaped and designed to enhance the natural landscape of the
community, and said site plan, streetscape profile, and landscape plan shall be
revised accordingly, for review and approval by the Planning Department prior to
final site plan approval.
o
Applicant shall install the chokeberry/cranberry hedge along the west side of the
property line in a more natural, meandering manner, with possible breaks in the
landscaping to allow access to the open space/trail area.
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10.
11.
12.
13.
14.
1§.
16.
17.
Applicant shall provide a cut sheet for any wall or building mounted lights.
Color and material palette, roofing material, must be submitted to the Planning
Office for review and approval prior to any approval of final site plan or issuance of
building permits.
18.
That the applicant provide an east-west cross section of streetscape showing
Ferguson Avenue, boulevard and sidewalk, drainage swale area, trail amenity, any
landscaping features, and east portion of the proposed building. Plan shall indicate
depth of drainage swale area, which shall not exceed a maximum 1:4 slope and
maximum 1.5 feet in depth.
That the applicant shall incorporate visually obvious sills by the use of a different
building material.
That the applicant shall provide some roof element over all exterior
entryway/doorways into the building in order to continue the architectural theme
and break up the massing in elevations.
That the applicant shall provide an alternative material and/or color to the EPDM
roofing material on exposed gabled rooflines/forms.
No building permits will be issued until all of the requirements of Item 3 of the
conditions of approval for Spring Creek Village Resort Minor Subdivision have been
met.
The applicant is advised that the infrastructure plans for Spring Creek Village Resort
subdivision indicate that immediately to the north of the intersection of Fallon Street
and Ferguson Avenue, the ditch between the sidewalk and the proposed trail is five
feet deep, making it impossible to limit the ditch slopes to 4: 1. Cross sections at
100 foot intervals showing the ditch, sidewalk and trail shall be provided to and
approved by the City Engineer as part of the final site plan approval process.
Site plan shows 275 parking spaces of which 28 spaces are to be used for snow
storage. Applicant proposes to install 10 handicap spaces of which 2 spaces must
be designated as van accessible and appropriately signed.
Boulevard trees shall be a minimum of two species of trees and the trees
appropriately staked. The Forestry Division shall be contacted for their assistance
in determining species of trees most suitable. Applicant must obtain necessary tree
permits from the Forestry Division prior to installation of boulevard trees.
That the applicant provide on the site plan and exterior elevations the location of all
roof-top and/or ground-mounted mechanical and utility equipment, including ground-
mounted mechanical power and telephone boxes, as well as a typical detail(s)
illustrating the materials, color, and method of screening used to screen the
equipment from adjacent properties and public streets, for review and approval by
the Planning Office prior to final site plan approval.
A building permit must be obtained prior to the work and must be obtained within
one year of final site plan approval. Building permits will not be issued until the final
site plan is approved. Minor site surface preparation and normal maintenance shall
be allowed prior to submittal and approval of the final site plan, including excavation
and footing preparation, but NO CONCRETE MAY BE POURED UNTIL A BUILDING
PERMIT I$ OBTAINED.
That the applicant provide a common signage plan for said project depicting
location, general style, limitations of graphic design, dimensions, materials, color,
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19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
and method(s) of illumination, for review and approval by the Planning Office prior
to final site plan approval.
33.
Water rights, or cash-in-lieu thereof, shall be provided and paid for prior to final site
plan approval. The amount of water rights required will be determined by the
Director of Public Service based on the proposed final site plan.
All water and sanitary sewer mains and service lines, including appurtenances, must
be shown on the site, landscape, and paving plans.
The sanitary sewer service shown on Sheet 2 cannot be connected directly to the
manhole. All sanitary sewer services must have direct connection to a sanitary
sewer main.
The location of the fire service, domestic service, and back-flow protection in the
mechanical room must be shown on the final site plans.
All water and sanitary sewer infrastructure must be installed and accepted by the
City prior to issuance of a building permit.
Installation of the sanitary sewer, domestic water, and fire services from property
line to the building is the owner's responsibility.
An engineered plan and profile of the proposed fire service must be submitted to the
City for review and approval.
The domestic water service must be installed per City of Bozeman Standards and
must be inspected by the Water Department.
Prior to installation of sanitary sewer, domestic water and fire services into the
building, applications and fees must be filed and paid at the Building Department.
The final site plan shall be adequately dimensioned.
The location and size of all infrastructure being installed adjacent to this
development as part of the Spring Creek Village Resort subdivision including
sidewalks, culverts, water and sewer mains, and fire hydrants shall be correctly
depicted on the final site plan.
A Stormwater Drainage/Treatment Grading Plan and Maintenance Plan for a system
designed to remove solids, silt, oils, grease, and other pollutants must be provided
to and approved by the City Engineer. The plan must demonstrate adequate site
drainage will be provided and include spot elevations, stormwater
detention/retention basin details (including basin sizing and discharge calculations,
and discharge structure details), stormwater discharge destination, and a
stormwater maintenance plan.
Sidewalk chases such as the one depicted on Fallon Street may not be installed.
Sewer and water services shall be shown on the final site plan and approved by the
Water/Sewer Superintendent. City of Bozeman applications for service shall be
completed by the applicant.
The location of existing water and sewer mains shall be properly depicted on the
final site plan, as well as all nearby fire hydrants. All existing utility and other
easements must also be shown on the final site plan.
Plans and specifications for any fire service lines must be prepared in accordance
with the City's Fire Service Line Policy and signed by a professional engineer (PE)
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registered in the State of Montana and shall be provided to and approved by the
City Engineer prior to initiation of construction of the fire service or fire protection
system. The applicant shall also provide professional engineering services for
construction inspection, post-construction certification, and preparation of mylar
record drawings.
34.
All drive approaches shall be constructed in accordance with the City's standard
commercial approach, i.e. concrete apron, sidewalk section, and drop-curb, and
shown as such on the final site plan. A City Curb Cut and Sidewalk Permit shall be
obtained prior to final site plan approval.
35. Drive approach and public street intersection sight triangles shall be free of plantings
which, at mature growth, will obscure vision within the sight triangle.
36.
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 shall be
obtained prior to final site plan approval.
37.
Adequate snow storage area must be designated outside the sight triangles, but on
the subject property unless a snow storage easement is obtained for a location off
the property and filed with the County Clerk and Recorder.
38.
Since construction activities related to the project will result in the disturbance of
more than 5 acres of natural ground, an erosion/sediment control plan may be
required. The Montana Department of Environmental Quality shall be contacted by
the applicant to determine which if any permits are required.
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.
Adjournment - 9:30 p.m.
There being no further business to come before the Commission at this time, it was moved by
Commissioner Frost, seconded by Commissioner Kirchhoff, that the meeting be adjourned. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Frost,
Commissioner Kirchhoff, Commissioner Brown, Commissioner Smiley, and Mayor Youngman; those
voting No, none.
MARCIA B. YOUNG'M~(N, Maybr
ATTEST:
ROBIN L. SULLIVAN
Clerk of the Commission
PREPARED BY:
KAREN L. DeLATHOWER '
Deputy Clerk of the Commission
05-29-2001