HomeMy WebLinkAbout2005-07-18 Minutes, City Commission
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN,MONTANA
July 18, 2005
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The Commission of the City of Bozeman met in regular session in the Community Room, Gallatin
County Courthouse, 311 West Main Street, on Monday, July 18,2005, at 5:30 p.m. Present were Mayor
Andrew Cetraro, Commissioner Jeff Krauss, Commissioner Marcia Youngman, Commissioner Steve
Kirchhoff, Commissioner Lee Hietala, City Manager Chris Kukulski, Director of Public Service Debbie Arkell,
Director of Finance Anna Rosenberry, Director of Public Safety-Fire Chuck Winn, Planning Director Andy
Epple, Staff Attorney Patricia Day-Moore, and City Clerk Robin Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
Minutes - March 21. June 6. July 5. Julv 8 and Julv 11, 2005
Mayor Cetraro deferred action on the minutes of the meetings of March 21, June 6, July 5, July 8,
and July 11, 2005, to a later date.
Sianina of Notice of Special Meetina
Each of the Commissioners, in turn, signed the Notice of Special Meeting.
Work session
Presentation from BFI re solid waste collection and disposal services. Mr. Harry
Kirschenbaum, Marketing Director for BFI, expanded on Option 6 in the staff report for the next agenda
items, which pertains to privatization of solid waste collection services. He suggested that, if and when the
service is privatized, the City's assets be purchased or leased to BFI. He also assured the Commission that
current City employees would be offered employment with BFI. He proposed that, with the increased
volume through privatization, the costs of collection and recycling would be lower for both residential and
commercial customers than they would through any of the other five options. He suggested that, if this
option is selected, the City enter into a contractual arrangement with BFI under which annual rate increases
would be limited to CPI with any exceptions being approved by the City Commission, thus eliminating
concerns that the change would result in increases. He further noted that this change would result in
additional tax revenues through property taxes and fuel taxes.
Mr. Kirschenbaum proposed a citizen drop-off site, which should alleviate the concerns that people
would choose to dump illegally or burn their garbage rather than hauling it to the Logan landfill. He
suggested that the site also include opportunities for recycling and indicated that BFI would be willing to
participate in the Headwaters Recycling program as well as continue the household hazardous waste
collection and clean-up programs and assist with disposal of the street sweeping wastes.
Mr. Kirschenbaum concluded by encouraging the Commission to allow the City Manager to pursue
privatization of the solid waste collection system.
Responding to questions from Commissioners, Mr. Kirschenbaum suggested that the proposed
contract with the City be for ten years with a possible ten-year renewal because of the capital and
infrastructure requirements for providing the service. He assured the Commission that BFI would maintain
the City's current programs for diversion of wastes from the landfill and could potentially expand those
services.
Responding to Commissioner Youngman, Mr. Kirschenbaum stated that BFI offers the same size
containers as the City does, although the 35-gallon containers are currently limited to the disabled and
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seniors. He agreed to open the offering of those containers to others under the "pay as you throw" system
that the City currently has in place.
Commissioner Kirchhoff asked if BFI would be willing to lock itself into the City's current rates and
identical services, including all programs, if the City were to divest itself of all solid waste services; Mr.
Kirschenbaum responded they would be. He stressed that BFI would not have a full-scale disposal system
or transfer station in Bozeman, but reiterated that they would provide a drop-off site to alleviate the potential
for illegal dumping. He then noted that construction wastes would continue to be handled through the use
of temporary construction containers. He indicated that, if the City wishes to have BFI assume the compost
program, they would like to also acquire the City's state-of-the-art equipment for that program.
Mayor Cetraro thanked Mr. Kirschenbaum for his presentation.
Review of possible scenarios for future solid collection and disposal activities. Included in
the Commissioners' packets was a memo forwarding possible scenarios for Commission consideration.
Director of Public Service Debbie Arkell highlighted the staff report. She noted that the City has
three distinct solid waste services-collection, disposal, and recycling. She noted that over 300 tons of
compostable waste is collected annually.
The Director gave a brief history of the landfill, noting that in 2000 the landfill consultant informed
the City that the cell would last an estimated three to six years; and the current estimate is that the cell will
be filled in the Spring 2006 through approval for higher slopes on the cell. The consultant also estimated
the costs of a transfer station at a little over $2 million, using existing landfill property for the facility. Based
on public input, the Commission chose not to open a new cell at the landfill but to pursue siting and
construction of a transfer station. This summer, the consulting engineer's estimate for the transfer station
was a little over $7 million; the bids opened a few weeks ago came in $1 to $2 million over that estimate.
This has caused the staff to look at various options for solid waste collection and disposal, and has
forwarded those options in its memo. She identified several underlying issues, noting that the City has $4.7
million in the bank for potential closure. Also, the City does not have adequate monies to fund the
construction of a transfer station, but must borrow an estimated $2 million for that project. She noted that
18 percent of the solid waste is currently being recycled, and it is important to ensure that diversion
continues. She then stated that once the landfill closes, the City must haul to the Logan landfill, where the
tipping fee is $27 per ton.
Director of Public Service Arkell turned her attention to the identified options, as follows:
1. Construct transfer station as bid. The transfer station was sized to service 80,000
people and includes provisions for household hazardous waste disposal and recycling. The
compost program and white goods collection operations are to remain at the landfill. The
estimated tipping fee is $60 per ton due to the costs of the facility. The Director noted that
this is staff's recommended option.
2. Redesign and rebid transfer station. The transfer station could be decreased in
size and redesigned to decrease initial costs with the intent to increase its size at a later
date. This would result in increased design costs and possibly decreased construction
costs; however, in the long-term, tipping fees would be essentially the same as they would
be in Option 1.
3. Direct haul to Logan using City packer trucks. The Director of Public Service
noted that the intent is to direct haul to the Logan landfill until a long-term solution is in
place. She identified this as one of the most expensive options because of hauling costs
and the wear and tear on trucks.
4. Use a sub-transfer station and haul to Logan. This option would include the
dumping of collection trucks into large trailers at the landfill which would then be transported
to Logan. Steps would need to be taken to ensure that the high winds do not negatively
impact those operations.
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5. Open new cell at existing landfill. This is the least expensive option for the City;
however, there are environmental concerns with the opening of a new cell, particularly on
the 100 acres north of Churn Creek.
6. Privatize solid waste collection, disposal and recycling services. Under this
option, the City would discontinue its services and liquidate all assets. The most obvious
negative of this option would be the loss of service currently provided to City customers and
the City's excellent staff.
7. Construct municipal composting facility at Wastewater Treatment Plant. If the
City totally liquidates its solid waste division, the Wastewater Treatment Plant
Superintendent Tom Adams has suggested the City moves its compost program to the
plant, where the sludge could be added to the compost piles.
Solid Waste Superintendent Mark Kottwitz noted that recycling products would be dropped at the
transfer station and then be hauled to the landfill, where cardboard and plastics would be stockpiled for
baling.
Commissioner Krauss questioned the suggestion to impose a recycling fee on water users. Director
of Public Service Debbie Arkell responded that imposing a charge for recycling services is the only way to
ensure adequate revenues are generated to support the program; and if the City eliminates is solid waste
services, another mechanism must be identified for those revenues.
Further responding to questions from Commissioner Krauss, the Director stated that if the transfer
station is constructed, all City residents would be required to use it, except that heavy construction waste
would be hauled directly to Logan. This would ensure a consistent volume to fund the costs of the transfer
station.
City Manager Kukulski suggested that there may be opportunities for increased volumes at the
transfer station, noting that Livingston is currently being charged $100 per ton to dump at the Park County
transfer station.
Commissioner Hietala requested a matrix for dumping fees, particularly in light of the potential for
an increased volume.
Commissioner Krauss voiced concern that requiring everyone to use the transfer station results in
the City controlling the costs of solid waste collection and disposal, which is one of the concerns that has
been voiced about privatization of the services.
Commissioner Hietala noted that it is 24 miles from the North 19th Avenue exit to Logan, and that
is considered local mileage in most urban settings. He also suggested that the estimated life expectancy
of three years for collection trucks if they are used for direct haul is short and could be extended to seven
years with retrofitting and regular maintenance.
Superintendent Kottwitz responded that the average life of a truck is 6,000 hours before
maintenance issues begin to arise; and the City recently rotated a truck to backup status that has 11,000
hours on it. He then noted that, with the transfer station, recycling efforts can be expanded on the floor, with
recyclables being pushed aside as loads are dumped on the floor and then moved into the trailers. He
acknowledged that an 18-percent diversion is good; however, he suggested that with the transfer station,
that could be increased to 25 percent.
City Manager Kukulski recognized this is a difficult decision, and stressed that once the decision is
made, it can't be reversed in a year. He asked that the Commission provide clear direction as quickly as
possible.
Commissioner Kirchhoff noted that the City has provide excellent solid waste services for almost
five decades and is now faced with the high costs of constructing a transfer station. He does support the
staff's recommendation that this option be selected, with the possible reduction of costs being a constant
consideration when making decisions. He believes a small loan repaid over twenty years would be
appropriate since this would allow future customers to participate in the costs. He concluded by noting that
the tipping fee would be in the middle of the state-wide fee range for disposal.
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Commissioner Krauss suggested this is the perfect time to reconsider the City services, particularly
since the commitment has been made to terminate landfill operations. He noted that the three distinct solid
waste services have been combined in a way that hid some of the costs for the specific operations, which
has resulted in artificially low rates. He noted that tightly regulated and controlled monopOlies work, citing
Montana Power Company as one of those successes. He reviewed each of the options listed, stating he
feels the City should pursue the option of privatizing the services.
Commissioner Hietala stated that he. too, is interested in Option 6, noting that if the City determines
at a later date that it wishes to once again enter the solid waste business, it may do so. He then offered an
Option 8. as follows:
8. Continue operating the current landfill for residents. This option would provide
a convenient service for small individual self-haulers while requiring large haulers and
collection services, including BFI and the City, to direct haul to Logan. If a new 7 -acre cell
were opened, Commissioner Hietala suggested it could last 35 years.
Commissioner Youngman voiced support for Option 1, the transfer station. She expressed concern
that if Option 6 were selected, negotiations would occur after the City has rejected the bids for the transfer
station and, as a result, its leveraged position would be gone. She recognized the interest in exploring
privatization but also recognizes the need to move quickly. She suggested that if privatization is to be
seriously considered. a special meeting be scheduled to invite public comment. She concluded by voicing
support for staff's recommendation. noting she feels the protections for the public are better if the City
continues to provide solid waste services.
Mayor Cetraro stated he likes Option 6, noting that the Commission has considered a variety of
alternatives over the past couple years. Based on the Commissioner comments, he asked that Options 1
and 6 be kept on the table.
Commissioner Krauss suggested that a public hearing be held on a specific proposal rather than
multiple options with no specifics.
Commissioner Kirchhoff questioned the advisability of entering into preliminary negotiations for
liquidating assets and a service. He then stressed that the City currently has some tremendously valuable
assets and cautioned that. once the Commission acts, it will difficult to reverse that trend and re-enter the
solid waste business. He concluded by noting that solid waste is not in the dire straits that the new library
project and general fund are.
City Manager Kukulski cautioned that it may be necessary to involve experts in any negotiation
process with the private sector since management has no experience in negotiation solid waste
agreements.
Director of Public Service Arkell reminded the Commissioners that the bids for the transfer station
must be accepted or rejected by August 22.
Mayor Cetraro thanked staff for the presentation and the opportunity to provide input.
Break -7:05 to 7:13 pm.
Mayor Cetraro declared a break from 7:05 p.m. to 7:13 p.m., to prepare for the business portion of
the meeting.
Consent Items
City Manager Kukulski presented to the Commission the following Consent Items.
Ordinance No. 1643 - providina for the appointment of an Assistant City ManaQer:
providina for five administrative departments: authorizina the City Manaaer to
reoraanize functions and divisions under the citv departments; and eliminatina
conflictina provisions to said authorizations: finallv adopt
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ORDINANCE NO. 1643
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
PROVIDING THAT THE BOZEMAN MUNICIPAL CODE, AS AMENDED BUT NOT YET
CODIFIED BY ORDINANCE NOS. 1537 AND 1640, BE AMENDED BY ADDING A NEW
CHAPTER TO BE NUMBERED CHAPTER 2.1 0; PROVIDING FOR THE APPOINTMENT
OF AN ASSISTANT CITY MANAGER; AND BY AMENDING SECTIONS 2.12.010,
2.36.070,2.44.010,2.76.030B, AND 2.76.040; PROVIDING FOR FIVE ADMINISTRATIVE
DEPARTMENTS, AUTHORIZING THE CITY MANAGER TO REORGANIZE FUNCTIONS
AND DIVISIONS UNDER THE CITY DEPARTMENTS,AND ELIMINATING CONFLICTING
PROVISIONS TO SAID AUTHORIZATIONS; AND REPEALING SECTIONS 2.36.010,
2.36.020,2.36.100, AND CHAPTER 2.48.
Commission Resolution No. 3819 - namina private street "Stockman Wav"
COMMISSION RESOLUTION NO. 3819
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
ESTABLISHING THE NAME "STOCKMAN WAY" FOR THE CURRENTLY UN-NAMED
PRIVATE NORTH/SOUTH STREET BETWEEN KAGY BOULEVARD AND REMINGTON
BOULEVARD IMMEDIATELY WEST OF SOUTH 19TH AVENUE IN THE CITY OF
BOZEMAN, MONTANA.
Commission Resolution No. 3820 - authorize City Manaaer to sian Chanae Order No.
2A for North Rouse Avenue sewer trunk line and water line replacement -
Williams Plumbina and Heatina.lnc.. Bozeman, Montana - add $103.365.13 and
25 calendar days
COMMISSION RESOLUTION NO. 3820
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
APPROVING ALTERATION/MODIFICATION OF CONTRACT WITH WILLIAMS
PLUMBING AND HEATING, INC., BOZEMAN, MONTANA.
Acknowledae receipt of staff report - reauested annexation of 0.9 acres located
southwest of Intersection of North 25th Avenue and West Villard Street -
Shinina Mountains Evanaelical Lutheran Church (A-05005)
Commission Resolution No. 3821 - intent to annex 0.9 acres located southwest of
intersection of North 25th Avenue and West Villard Street: set public hearina
for Auaust 15. 2005
COMMISSION RESOLUTION NO. 3821
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 TRACTS 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.
Acknowledae receipt of staff report - reauested annexation of 13.225 acres Ivina at
northwest corner of intersection of Durston Road and Fowler Avenue extended
- Green Teal. LLC for William and Lois Lvdens (A-05007)
Commission Resolution No. 3822 - intent to annex 13.225 acres Ivina at northwest
corner of intersection of Durston Road and Fowler Avenue extended - Green
Teal. LLC for William and Lois Lvdens: set public hearina for Auaust 15, 2005
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COMMISSION RESOLUTION NO. 3822
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 TRACTS 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.
Commission Resolution No. 3823 - authorizina staff to proceed with eminent domain
on William N. and Deana A. Tavlen. 5170 West Durston Road
COMMISSION RESOLUTION NO. 3823
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
PURSUANT TO BOZEMAN MUNICIPAL CODE CHAPTER 11.01, EMINENT DOMAIN,
DECLARING PUBLIC PURPOSE AND USE, DESCRIBING THE PROPERTIES TO BE
TAKEN AND AUTHORIZING CITY OFFICIALS TO PROCEED.
Commission Resolution No. 3824 - authorlzina staff to proceed with eminent domain
on Lorie L. Hovanek for Parcel No.3. West Durston Road proiect
COMMISSION RESOLUTION NO. 3824
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
PURSUANT TO BOZEMAN MUNICIPAL CODE CHAPTER 11.01, EMINENT DOMAIN,
DECLARING PUBLIC PURPOSE AND USE, DESCRIBING THE PROPERTIES TO BE
TAKEN AND AUTHORIZING CITY OFFICIALS TO PROCEED.
Commission Resolution No. 3825 - authorlzina staff to proceed with eminent domain
on Emil Anderson for Parcel No.1. West Durston Road proiect
COMMISSION RESOLUTION NO. 3825
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
PURSUANT TO BOZEMAN MUNICIPAL CODE CHAPTER 11.01, EMINENT DOMAIN,
DECLARING PUBLIC PURPOSE AND USE, DESCRIBING THE PROPERTIES TO BE
TAKEN AND AUTHORIZING CITY OFFICIALS TO PROCEED.
Commission Resolution No. 3826 - authorizing staff to proceed with eminent domain
on Robert K. Berndt. 5260 West Durston Road
COMMISSION RESOLUTION NO. 3826
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
PURSUANT TO BOZEMAN MUNICIPAL CODE CHAPTER 11.01, EMINENT DOMAIN,
DECLARING PUBLIC PURPOSE AND USE, DESCRIBING THE PROPERTIES TO BE
TAKEN AND AUTHORIZING CITY OFFICIALS TO PROCEED.
Authorize City Manaaer to sian - Purchase Aareement for 45-foot-wide strip on north
end of Remainder Tract 6. Smith Subdivision (alona south side of Durston
Road): and Acceptance of Quit Claim Deed for Parcel No.6. West Durston Road
proiect - Orville F. Christenot Trust and Annette F. Christenot Trust. 5200 West
Durston Road
Authorize City Manaaer to sian - Purchase Aareement for 45-foot-wide strip at north
end of tract on Film 147, Paae 2213 (alona south side of Durston Road):
Acceptance of Quit Claim Deed: and Acceptance of Temporary Access
Easement and Aareement - Donald F. Wirtz and Carol A. Kunda. 5540 West
Durston Road
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Authorize City Manaaer to sian - Sewer and Water Pipeline and Access Easement and
Aareement from Glen Haven Properties - 30-foot-wide easement across Tract
A. Minor Subdivision No. 140 lIvina alona south side of West Babcock Street
west of Fowler Avenue)
Acknowledae receipt of reauest for annexation of 12 acres described as Certificate of
Survey No. 885 - C&H Enaineerina & Surveying for Roberta Moche lIvina north
of Bridaer Center Subdivision and west of Brldaer Creek Subdivision, Phase I):
refer to staff
Authorize Mavor to sian. Findinas of Fact and Order for Vallev West Subdivision PUD.
Phase III - subdivide 69.26 acres into 259 residential lots. 2 park lots, 12 open
space lots and remainder lot (aenerallv located west of Ferauson Avenue, north
of West Babcock Street and south of Durston Road) (P-05013)
Authorize Mavor to siQn - Findinas of Fact and Order for Bridaer Center Minor
Subdivision - subdivide 1.66 acres into 4 industrial lots (Ivina alona the north
side of Bridaer Drive. adiacent to Brldaer Center Drive) (P-05023)
Approval of final plat for CFT Minor Subdivision - subdivide approximately 15.46 acres
into two business park lots (2311 South 7th Avenue) (P-04039)
APproval of final plat for North Black Row Minor Subdivision - subdivide 0.412 acres
into five residential lots (located at northwest corner of East Beall Street and
North Black Avenue) (P-05028)
Authorize City Manaaer to sian - Community Development Block Grant Sub-recipient
Aareement #MT-CDBG-05PF-01 for Reach. Inc.. work center
Authorize Commissioners to sian - CTEP application for Library Landscapina proiect
Authorize execution of enaineerina contract for commisslonina aaent for new public
library (for LEEDS proaram arant)
Approval of Iiauor license for Calendar Year 2005 - Montana Outpost dba Outback
Steakhouse. 6059 East Vallev Center Road
Buildina Inspection Division report for June 2005
Claims
It was moved by Commissioner Krauss, seconded by Commissioner Youngman, 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 Krauss, Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala,
and Mayor Cetraro; those voting No, none.
Public comment
Mr. Steve White, resident outside city limits, expressed concern about Commissioner Kirchhoff's
recent guest editorial in the Bozeman Dai/y Chronicle, stating he feels it was inappropriate. He noted that
county-wide zoning would apply only to those areas outside city limits. There are currently seventeen
districts in the county, carefully designed and crafted by those who are being regulated. He suggested that
expensive decisions by the Commission, including purchase of the SAE House and the Mandeville Farm
and construction of a new library, and the charging of impact fees have driven people outside Bozeman,
with people commuting from Belgrade and Livingston because they cannot afford to the high price of living
in Bozeman. He concluded by stating that zoning should be citizen regulated, the City Commissioners
should find ways to lower the costs to residents, and Commissioner Kirchhoff should "refrain from vicious
attacks against the County."
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Annexation of the east side of the 1600 block of South Third Avenue into the MSU neiahborhood
parkina district
This was the time and place set for the publiC hearing on the requested annexation of the east side
of the 1600 block of South Third Avenue into the MSU neighborhood parking district.
Public hearing
Mayor Cetraro opened the public hearing.
Planning Director Andy Epple presented the staff report. He noted that three of the four residents
on the east side of the 1600 block of South 3rd Avenue have petitioned to be included in the MSU
neighborhood parking district. Since the University is not currently in session, no traffic counts have been
done; however, City staff recognizes the impacts created by MSU staff and students parking on the streets
around the campus. He stated that staff has evaluated this request and has forwarded a recommendation
for approval of the request
Dr. Chris Stryker, 1624 South Third Avenue, noted that when MSU is in session, residents along this
section of South Third Avenue are impacted, particularly by long-term storage and abandoned vehicles,
none of which belong in the area. He noted that staff members at MSU park along this section of the street,
often towing trailers to and from work. He then noted that the petition for annexation of the east side of this
block into the parking district also requests a two-hour limit be established for the west side of the street.
He cautioned that if only this half of the request is addressed, the problem won't change; rather, both parts
of the request need to be addressed to provide the change needed to allow the residents to "live in peace".
Mr. Roy Lee, 1548 South Grand Avenue, recognized that the requested changes in parking will help,
but enforcement would be even more helpful. He encouraged the Commission to approve including the
east side of the 1600 block of South Third Avenue in the parking district.
Planning Director Epple reminded the Commission that only the east side of the block is being
considered at this time; the request for parking limitations on the west side of the block will be considered
under a separate item.
Since there were no Commissioner objections, Mayor Cetraro closed the public hearing.
Decision
It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the
Commission authorize and direct staff to bring back an ordinance enacting the requested extension of the
MSU parking district boundaries to include the east side of the 1600 block of South Third Avenue. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman,
Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, and Mayor Cetraro; those voting
No, none.
Proposed 15-percent increase in water rates. effective on the September 1.2005. billina (monthlv
water bill of $20.00 would increase bv $3.00)
This was the time and place set for the public hearing on the proposed 15-percent increase in water
rates, effective on the September 1, 2005, billing.
Public hearing
Mayor Cetraro opened the public hearing.
Director of Finance Anna Rosenberry presented the staff report. She noted that the capital
improvement program identifies the rate increases in the enterprise funds and special revenue funds over
the next five years. In this instance, the capital improvement program calls for a 5-percent rate increase
for Fiscal Year 2006. She noted that cost overruns in the Lyman Creek reservoir project have resulted in
a negative working cash balance in this fund, and it is anticipated a new water treatment facility will be
needed within the next five to seven years. Because of the costs of that new facility, it is important to get
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this fund into a strong financial position, so staff is recommending a 15-percent increase to eliminate the
negative cash position and to put the fund into a better position for borrowing.
The Director of Finance noted that this resolution also provides for low-income rate assistance on
water bills, noting that the state low-income property tax program can be used to determine qualifications
for this assistance. She stated the advantage of using this mechanism is that the individuals are already
qualified under another program and requires no determinations by the City, thus reducing administrative
time. She recognized the disadvantages include the requirement that an annual application is necessary
to remain qualified for the program; and renters and multi-family units are not eligible for the program.
Director of Finance Rosenberry stated that under the low-income rate assistance program, the credit
would be equal to $11.99 if the Commission approves the 15-percent increase. She noted that, overall,
those under the assistance program would realize an annual decrease of 52 percent. She estimated that
sixty residences will qualify under the program this year, at a total cost of $8,600 annually. She concluded
by stating a 15-percent increase will add approximately $585,000 to collections annually, increasing the
average $19.80 monthly bill by approximately $2.97 per month.
Responding to Mayor Cetraro, City Manager Kukulski indicated that 5-percent of the rate increase
could be earmarked for future water treatment plant construction. He recognized that the City could operate
on a 10-percent increase, but that would not provide for the future construction needs. He cautioned that
all of the water impact fees collected have been used, with a large portion of them being used to fund the
Hyalite transmission main project, providing the local match for federal grant monies typically not available
to communities like Bozeman.
Responding to Commissioner Krauss, the City Manager confirmed that the recommended 15-
percent increase would allow for the creation of a capital improvements reserve, which the City could then
use to take advantage of matching monies.
No public comment was received on the proposed rate increase.
Since there were no Commissioner objections, Mayor Cetraro closed the public hearing.
Decision
Commissioner Hietala voiced his preference for a 5-percent increase in water rates. He also
proposed that the water and sewer funds be combined and that the combined fund be used to take
advantages of funding opportunities that might arise in the future rather than imposing large increases in
both funds.
City Manager Kukulski cautioned that the proposed 5-percent increase will result in negative cash
balances in the water fund in Fiscal Years 2006 and 2008 because of anticipated capital purchases in those
years. He cautioned that it is important to work toward funding of the $20 million water treatment plant. He
then responded the Commissioner Hietala's proposal, cautioning that it may not be legal to mix the water
and sewer funds. He noted that the net effect on the bill would still be the same, and he does not see any
advantage in creating a third charge that would fund a hybrid account.
Commissioner Krauss voiced his support for a 5-percent increase for operations and an additional
5-percent increase for a capital improvement reserve that could also be used to soften the deficit that has
resulted from the construction cost overruns. He then voiced his agreement with the City Manager's
recommendation that the water and sewer accounts remain separated.
Commissioner Hietala noted that the Lyman Creek water supply was off line for several years, and
bringing it back on line has essentially expanded the City's water supply. He suggested that this could result
in delaying the need to construct a new water treatment plant, allowing the impact fees to generate
additional funds to contribute toward that project.
Project Engineer Bob Murray stated it is hard to characterize the Lyman Creek water supply as
increasing the City's capacity since it was a previously used source.
Commissioner Kirchhoff thanked the Director of Finance for identifying a way to lessen the burden
for lower-income residents.
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Responding to questions from Commissioner Kirchhoff, the Director of Finance stated that the City
has a history of spending $700,000 to $2.5 million annually on capital equipment and projects in the water
fund, and no capital costs are projected past Fiscal Year 2008. She indicated that the recommended 15-
percent increase allows the City to save approximately $1 million over the next five years to contribute to
construction of the new water treatment plant, which will put the City in a strong position to sell bonds.
City Manager Kukulski noted that the facilities plan updates are anticipated this fall, and those will
be followed by rate studies and impact fee studies. He cautioned that the result of those studies may be
a recommendation for an even greater rate increase and encouraged the Commissioners to begin planning
for future needs at this time.
Mayor Cetraro expressed his support for Commissioner Krauss's suggestion of a 5-percent increase
and a 5-percent capital reserve.
Commissioner Kirchhoff indicated his concurrence with staffs recommendation for a 15-percent rate
increase.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that staff be directed
to bring back a resolution enacting at 15-percent increase in water rates, effective September 1, 2005.
The following substitute motion was placed on the floor: It was moved by Commissioner Hietala,
seconded by Commissioner Kirchhoff, that staff be directed to bring back a resolution enacting a 10-percent
increase in water rates, effective September 1,2005. The motion carried by the following Aye and No vote:
those voting Aye being Commissioner Hietala, Commissioner Youngman, Commissioner Krauss, and Mayor
Cetraro; those voting No being Commissioner Kirchhoff.
Proposed 15-percent increase in wastewater rates. effective on the September 1. 2005. billina
(monthlv wastewater [sewer1 bill of $16.00 would increase bv $2.40)
This was the time and place set for the public hearing on the proposed 15-percent increase in
wastewater rates, effective on the September 1,2005, billing.
Public hearing
Mayor Cetraro opened the public hearing.
Director of Finance Anna Rosenberry presented the staff report. She noted that a 5-percent rate
increase was scheduled in the capital improvement program for this fiscal year; however, that would leave
a negative balance in this fund. She also noted that, because of the significant costs of the new wastewater
treatment plant that will be needed in the next few years, staff has recommended at 15-percent rate
increase to eliminate the deficit and put this fund into a strong financial position. She indicated that the low-
income assistance program outlined in the previous rate hearing would apply to this portion of the bill as
well. She concluded by stating the 15-percent increase would result in an average monthly increase of
$2.35 to residential customers and generate an additional $420,000 in annual collections.
Director of Public Service Debbie Arkell stated that the ultraviolet disinfection system that has been
previously estimated to cost $1 million is now estimated at $3 million, and noted that impact fees could be
used to fund a portion of those costs.
City Manager Kukulski cautioned that construction of a new treatment plant is only three years away
and encouraged the Commissioners to approve building the fund balance in light of those impending costs.
He then noted it has been over a decade since the facilities plans were completed and the impact fee
studies done, and the new information will be beneficial in determining the future rate structures needed to
fund operations and capital costs.
Ms. Rebecca Adams, 2503 Rose Street, noted it is her understanding the proposed increase is
needed because of the impacts of growth as well as changes in EPA standards. She acknowledged that
the wealthy residents and developers don't care about the significant rate increases, however, the lower
income hard working families that don't qualify for the low-income assistance program are greatly impacted.
07-18-05
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She then encouraged the City to begin a city-wide educational campaign and incentive program to reduce
the use of phosphates to delay the need for a new treatment plant.
Since there were no Commissioner objections, Mayor Cetraro closed the public hearing.
Decision
Commissioner Hietala expressed his support for a 5-percent rate increase.
Commissioner Krauss indicated his support for a 15-percent rate increase, stating he does not
believe the inflationary increases in the past have really kept up with inflation.
Responding to Commissioner Hietala, the Director of Finance stated a $1.9 million balance is
projected coming into this fiscal year with $6 million in the impact fee account. She also indicated that staff
is projecting $10 million in impact fees when construction of the plant is undertaken.
Commissioner Kirchhoff noted that he supports the proposed 15-percent increase, recognizing the
need for expanded capacity and the need to change technology to meet EPA requirements.
Commissioner Krauss recognized that during this year's budget, there will be an opportunity to hold
the line on property taxes; however, he finds that these two funds need to be funded through increased
rates.
Commissioner Youngman noted that consumer education may help in the use of water, however,
she does not believe that public education will delay the need for the new wastewater treatment plant.
It was moved by Commissioner Hietala, seconded by Commissioner Kirchhoff, that staff be directed
to bring back a resolution enacting a 5-percent increase in wastewater rates, effective September 1,2005.
The motion failed by the following Aye and No vote: those voting Aye being Commissioner Hietala and
Mayor Cetraro; those voting No being Commissioner Kirchhoff, Commissioner Youngman, and
Commissioner Krauss.
It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that staff be
directed to bring back a resolution enacting a 15-percent increase in wastewater rates, effective September
1,2005. The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Krauss, Commissioner Youngman, and Commissioner Kirchhoff; those voting No being Commissioner
Hietala and Mayor Cetraro.
Proposed 27-percent increase in aarbaae collection fees. effective on the September 1.2005, billina
(month Iv collection bill of $11.28 for 65-aallon tote would increase bv $3.05)
Included in the Commissioners' packets was a memo forwarding information on the proposed 27-
percent increase in garbage collection fees, along with a draft resolution for review.
Director of Finance Anna Rosenberry noted that the City's solid waste collection system has been
subsidized by its disposal system by not paying tipping fees since both operations are within the same fund.
She cautioned that once the landfill is closed and the transfer station or some other disposal system is
utilized, the budget for this operation must include the tipping fees.
Responding to Commissioner Kirchhoff, City Manager Kukulski acknowledged that, in light of the
discussion on solid waste earlier in the meeting, the future of this operation is uncertain. He noted,
however, the City's service will remain in effect for the next few months.
Mr. Bill Ranard, 2513 Valhalla Court, stated it does not make sense much to increase fees at this
time if a third party is to come in with a proposal to match the rates that the City has set in place.
Commissioner Krauss stated the proposed 27 -percent increase allows for the solid waste collection
service to pay its own way rather than being subsidized by other portions of the overall operation. In light
of the imminent closure of the landfill, he finds it necessary to consider this increase.
07-18-05
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Commissioner Hietala suggested that consideration of this increase be delayed for sixty days, to
give the Commission time to consider the various alternatives for solid waste collection and disposal.
Commissioner Youngman voiced her agreement, expressing concern that approval of the proposed
increase at this time simply guarantees higher rates to BFI customers. She expressed a willingness to
consider a more modest increase if one is needed to cover costs but is not ready to consider the proposed
27 -percent increase.
Commissioner Krauss stated he, too, agrees with the suggestion to delay action, noting that if the
City chooses to get out of the solid waste collection and disposal business, there is not need to raise the
rates to break even.
Commissioner Kirchhoff suggested that any future contract with a third party will be negotiated, and
not necessarily predicated on the City's rates at the time it terminates its services.
It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that action on
this proposed 27-percent increase in solid waste collection fees be tabled to the September 19 meeting.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman,
Commissioner Hietala, Commissioner Krauss and Mayor Cetraro; those voting No being Commissioner
Kirchhoff.
Proposed revisions to landfill aate fees, effective September 1. 2005 (to implement compost fee for
all City collection customers)
Included in the Commissioners' packets was a memo forwarding proposed revisions to the landfill
gate fees, to implement a compost fee for all City collection customers.
Director of Finance Anna Rosenberry suggested that the Commission may wish to table
consideration of this item to September 19 in light of the previous action.
Commissioner Krauss expressed his support for implementing the compost fee at this time, rather
than delaying its consideration.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that staff be directed
to bring back a resolution enacting revised landfill gate fees that include a charge for compost for City
service customers, effective September 1, 2005. The motion carried by the following Aye and No vote:
those voting Aye being Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss,
Commissioner Youngman, and Mayor Cetraro; those voting No, none.
Certificate of Appropriateness to allow demolition of existing one-story shop addition and
construction of new one-story sinale-car aaraae on rear elevation. with deviations from Section
18.38.050.G, Bozeman Municipal Code. to allow new aaraae to encroach into reauired 10-foot rear
yard setback: from Section 18.38.050.H. to allow new aaraae to exceed 25-percent rear lot coveraae:
and from Section 18.38.060.A, to allow new aaraae eaves to encroach into reQuired rear yard setback
- Anders and Laura Larsson, 603 South 5th Avenue (Z-05123)
This was the time and place set for the public hearing on the Certificate of Appropriateness
requested by Anders and Laura Larsson under Application No. Z-05123, to allow the demolition of the
existing one-story shop addition and construction of a new one-story single-car garage on the east 85 feet
of Lots 1 and 2, Block 42, Park Addition, with deviations from Section 18.38.050.G of the Bozeman
Municipal Code to allow the new garage to encroach 7 feet into the required 1 O-foot rear yard setback; from
Section 18.38.050.H, to allow the new garage to exceed the 25-percent rear lot coverage; and from Section
18.38.060.A, to allow the new garage eaves to encroach into the required rear yard setback. The subject
property is located at 603 South 5th Avenue.
Public hearing
Mayor Cetraro opened the public hearing.
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Historic Preservation Planner Allyson Bristor presented the staff report. She noted that the applicant
proposes to construct a new single-car garage that is slightly larger than the old garage. She stated that
three deviations are required in conjunction with this new structure, two allowing for encroachment into
required setbacks and one allowing the structure to exceed 25-percent lot coverage.
The Historic Preservation Planner stated that staff has reviewed this application in light of the
applicable criteria and, based on the findings contained in the written staff report, has found the proposed
garage is historically appropriate. As a result, she noted that staff forwards a recommendation for approval
subject to three conditions.
The applicant was not present, and no one was present to speak in support of or in opposition to
this application.
It was moved by Commissioner Hietala, seconded by Commissioner Youngman, that the Certificate
of Appropriateness requested by Anders and Laura Larsson under Application No. 2-05123, to allow the
demolition of the existing one-story shop addition and construction of a new one-story single-car garage on
the east 85 feet of Lots 1 and 2, Block 42, Park Addition, with deviations from Section 18.38.050.G of the
Bozeman Municipal Code to allow the new garage to encroach 7 feet into the required 10-foot rear yard
setback; from Section 18.38.050. H, to allow the new garage to exceed the 25-percent rear lot coverage; and
from Section 18.38.060.A, to allow the new garage eaves to encroach into the required rear yard setback,
be approved subject to the following conditions:
1 . The applicant shall provide a color and materials palette prior to the issuance of the
building permit, for final design review and approval by Administrative Design
Review staff.
2. The applicant shall obtain a building permit and pay all required fees prior to
construction, and within one year of Certificate of Appropriateness approval or this
approval shall become null and void.
3. This project shall be constructed as approved and conditioned in the Certificate of
Appropriateness with deviations 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 Department of
Planning prior to undertaking said modifications, as required by Section 18.64.110
of the Bozeman Municipal Code.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Hietala,
Commissioner Youngman, Commissioner Kirchhoff, and Mayor Cetraro; those voting No, none.
Commissioner Krauss abstained since he was out of the room during the staff presentation.
Annexation of 56.84-acre tract Ivina east of StOry Mill Road and north of Bridaer Drive (Ivina
immediately east of Leoends at Bridaer Creek Subdivision) - Brownstone Capital, Inc.. for Ruaheimer
Limited Partnership lA-05006)
This was the time and place set for the publiC hearing on annexation of a 56.84-acre tract of land
described as Lots 27 and 28, Mount Baldy Subdivision, and Tract 2 of recorded plat in Film 12, Page 825,
situated in the Northeast one-quarter, Southwest one-quarter, and the Northwest one-quarter, Southeast
one-quarter of Section 32, Township 1 South, Range 6 East, Montana Principal Meridian, as requested by
Brownstone Capital, Inc., for Rugheimer Limited Partnership under Application No. A-05006. The subject
property is more commonly located along the north side of Bridger Drive between Bridger Creek and Mount
Baldy Subdivision.
Public hearing
Mayor Cetraro opened the public hearing.
Associate Planner Jami Morris presented the staff report. She noted a letter from Ruth and Lloyd
Miller, adjacent property owners has been included in the packet; and they are seeking assurance that there
will be no road behind the homes fronting on Bridger Drive.
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The Associate Planner stated that staff has reviewed this application in light of the goals and policies
set forth in Commission Resolution No. 3137, and staff's comprehensive findings are contained in the
written staff report. Based on those findings, staff recommends approval, subject to the following items
being addressed prior to or in conjunction with the annexation agreement:
1 . The Annexation Agreement, which addresses all terms placed on the annexation
application by the City Commission, shall be returned to the City of Bozeman
Planning and Community Development Department within one year of a City
Commission decision to annex the property, or annexation approval shall be null and
void.
2. The applicant shall submit an annexation map with a legal description of the
property, public utilities (e.g. water, sewer, roadways, and storm drainage)
improvements on the property. The map must be supplied on a mylar (18-inch by
24-inch) for City records, one (1) digital copy on a double-sided, high density floppy
disk or compact disk and on either letter or legal size paper for recording with the
Annexation Agreement by the Gallatin County Clerk and Recorder.
3. A detailed wetlands map and summary report shall be submitted for the subject
property with the signed annexation agreement. The map must be depicted on an
18-inch by 24-inch paper copy and a compact disk.
4. The future development proposal for the property shall include a 20-foot-wide alley
along the south property line adjacent to the Mount Baldy Subdivision to match
alignment with that proposed in Creekwood Subdivision.
5. That the applicant execute at the Gallatin County Clerk and Recorder's Office a
waiver of right-to-protest creation of SIDs for a City-wide Park Maintenance District,
which would provide a mechanism for the fair and equitable assessment of
maintenance costs for City parks as part of the Annexation Agreement.
6. That provisions for water rights or cash in-lieu of water rights in an amount
determined by the Director of Public Service be provided in the Annexation
Agreement whereby it is executed by the land owner prior to final subdivision plat
approval, final site plan approval, or issuance of any building permits, whichever
comes first, prior to the City Commission adopting the Resolution of Annexation and
accepting the Annexation Agreement.
7. The trail along Bridger Creek needs to be constructed so that it will connect with the
trail in the subdivisions adjoining Legends at Bridger Creek lion the east and on the
west.
8. The parkland in the subdivision shall be designed to be contiguous with parklands
in the adjoining subdivisions.
9. No fences shall be allowed in or between parklands or public open spaces.
10. Applicant shall provide and file with the County Clerk and Recorder's office executed
Waivers of Right to Protest Creation of SIDs for the following:
Street improvements inCluding paving, curb/gutter, sidewalk and storm drainage
facilities for the following streets:
a. Story Mill Road
b. Bridger Drive
Signalization Improvements for the following intersections:
a. Story Mill Road/Bridger Drive
The documents filed shall specify that in the event an SID is not utilized for the
completion of these improvements, the developer agrees to participate in an
alternate financing method for the completion of said improvements on a fair share,
07-18-05
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proportionate basis as determined by square footage of property, taxable valuation
of the property, traffic contribution from the development, or a combination thereof.
11 . The Landowner understands and agrees that to achieve the goals and objectives
set forth in the Bozeman 2020 Community Plan, any contiguous parks, open space,
and/or trails shall be extended to the annexed property and that a Master Plan of
said parks, open space, and trails shall be provided.
12. Landowner understands and agrees that to achieve the goals and objectives set
forth in the Bozeman 2020 Community Plan, a diversity of housing types shall be
provided.
13. Landowner acknowledges and agrees that that future development will comply with
the goals and policies of the Bozeman 2020 Community Plan, and having
recognized the City's concern for implementation of progressive urban design
guidelines outlined in the Bozeman 2020 Community Plan for both community and
neighborhood design, a Master Plan of the land use patterns and types for
development of the property that addresses compatibility with, and sensitive to, the
immediate environment of the site and the adjacent neighborhoods relative to
architectural design, building mass and height, neighborhood identity, landscaping,
historical character, orientation of buildings, and visual integration shall be provided.
Mr. Van Bryan, architect representing the applicant, raised an issue with Item No.4, which requires
an alley on the south side of the property. He noted that they are currently in design phases and are unsure
how the project will lay out. He indicated that the applicant agrees to provide adequate vehicular circulation
that connects to adjacent development but requested flexibility in doing so.
No one spoke in opposition to the requested annexation.
Since there were no Commissioner objections, Mayor Cetraro closed the publiC hearing.
Decision
Motion - approve with modification by applicant
It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the
Commission authorize and direct staff to bring back an annexation agreement, addressing Item Nos 1
through 13, for Commission consideration, with modifications to Item No.4, to provide the flexibility in road
design requested by the applicant. The motion carried by the following Aye and No vote: those voting Aye
being Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala,
and Mayor Cetraro; those voting No, none.
Zone Map Amendment - establish initial municipal zonina desianation of "R-1", Residential-Single-
household. Low-density. on 56.84-acre tract Iyina east of StOry Mill Road and north of Bridaer Drive
(Ivina immediatelv east of Leaends at Bridaer Creek Subdivision) - Brownstone Capital. Inc.. for
Ruaheimer Limited Partnership (Z-05077)
This was the time and place set for the public hearing on the Zone Map Amendment to establish an
initial municipal zoning designation of "R-1", Residential-Single-household, Low-density, on a 56.84-acre
tract of land described as Lots 27 and 28, Mount Baldy Subdivision, and Tract 2 of recorded plat in Film 12,
Page 825, situated in the Northeast one-quarter, Southwest one-quarter, and the Northwest one-quarter,
Southeast one-quarter of Section 32, Township 1 South, Range 6 East, Montana Principal Meridian, as
requested by Brownstone Capital, Inc., for Rugheimer Limited Partnership under Application No. Z-05077.
The subject property is more commonly located along the north side of Bridger Drive between Bridger Creek
and Mount Baldy Subdivision.
Public hearing
Mayor Cetraro opened the public hearing.
07-18-05
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Associate Planner Jami Morris presented the staff report. She stated that this under this application,
an initial zoning designation of "R-1 ", Residential-Single-household, Low-density, is established on the 57
acres that was the subject of the previous public hearing. She noted that staff has reviewed this application
in light of the applicable criteria, and staff's comprehensive findings are contained in the written staff report.
Based on those findings, staff has forwarded a recommendation for approval, and the Zoning Commission
has concurred in that recommendation.
Mr. Van Bryan, architect representing the 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 zoning.
Since there were no Commissioner objections, Mayor Cetraro closed the public hearing.
Decision
It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the Zone Map
Amendment to establish an initial municipal zoning designation of "R-1 ", Residential-Single-household, Low-
density, on a 56.84-acre tract of land described as Lots 27 and 28, Mount Baldy Subdivision, and Tract 2
of recorded plat in Film 12, Page 825, situated in the Northeast one-quarter, Southwest one-quarter, and
the Northwest one-quarter, Southeast one-quarter of Section 32, Township 1 South, Range 6 East, Montana
Principal Meridian, as requested by Brownstone Capital, Inc., for Rugheimer Limited Partnership under
Application No. Z-05077, be initially approved and that staff be authorized and directed to bring back an
ordinance enacting the amendment upon completion of the annexation process, subject to the following
conditions:
1. The ordinance for the Zone Map Amendment shall not be adopted until the
Annexation Agreement is signed by the applicant and formally approved by the City
Commission. If the annexation is not approved, the application shall be null and void.
2. The applicant shall submit a zone amendment map on a 24-inch by 36-inch mylar;
ml2-inch by 11-inch, or 8~-inch by 14-inch paper exhibit; and a digital copy of the area
to be zoned, which will be utilized in the preparation of the ordinance to officially
amend the City of Bozeman Zoning Map. Said map shall contain a metes and bounds
legal description of the perimeter of the subject property and zoning districts, total
acreage of the property and adjoining rights-of-way and/or street access easements.
3. The ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides a metes and bounds legal description prepared by a licensed Montana
surveyor and map of the area to be rezoned, which will be utilized in the preparation
of the ordinance to officially amend the zone map.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman,
Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss, and Mayor Cetraro; those voting
No, none.
Zone Map Amendment - amend zonina desianation from "R-S". Residential-Suburban. to "R-1".
Residential-Sinale-household, Low-density, on "'85 acres Iving northeast of intersection of Baxter
Lane and Harper Puckett Road (Baxter Meadows. Phase III) - Potter Clinton Development. Inc., for
Baxter Meadows West. LLC (Z-051 02)
This was the time and place set for the public hearing on the Zone Map Amendment requested by
Potter Clinton Development, Inc., for Baxter Meadows West, LLC, under Application No. Z-051 02, to amend
the zoning designation on approximately 85 acres described as a portion of the Southwest one-quarter of
Section 34, Township 1 south, Range 5 East, Montana Principal Meridian, from "R-S", Residential-
Suburban, to "R-1", Residential-Single-household, Low-density. The subject property is generally located
northeast of the intersection of Baxter Lane and Harper Puckett Road.
07-18-05
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Public hearing
Mayor Cetraro opened the public hearing.
Contract Planner Lanette Windemaker presented the staff report. She stated that the applicant is
requesting a change from "R-S" , Residential-Suburban, to "R-1", Residential-Single-household, Low-
density, on approximately 85 acres in the western portion of the Baxter Meadows PUD Subdivision. She
stated that staff has reviewed this application in light of the twelve criteria for zone map amendments and
found the request generally in compliance with those criteria. Based on staff's comprehensive findings,
which are contained in the written staff report, staff has, therefore, forwarded a recommendation for
approval.
The Contract Planner stated that during review of this application, members of the Zoning
Commission raised concerns about densities and concentration of density and, as a result, has forwarded
a recommendation for denial. She also indicated that petitions containing the signatures of nine property
owners within 150 feet of the subject site were submitted, thus triggering the requirement for a two-thirds
majority vote for approval of the rezoning.
Mr. Jason Leep, applicant, reminded the Commission that the concept plan for Baxter Meadows PUD
Subdivision was approved in 2001 and, immediately after than, construction was begun on the community
center. He noted that in early 2005, PC Development and Jerry Williams, the original developer, formed a
joint venture; and they have now found a need for refinements and adjustments in the original concept plan.
He stated the goal is to provide a variety of housing types in Baxter Meadows Subdivision, at various price
points, and the result was a new concept plan for the western portion of the site that was reviewed at last
week's meeting. He stressed that the plan must conform with the growth policy and the unified development
ordinance; and the proposed estates were in conflict with. those documents because the six-unit-per-acre
density could not be met.
Mr. Leep noted that Harper Puckett Road is along the western boundary and is a principal arterial
while Baxter Lane bisects the subdivision and is a minor arterial, providing good access to the site. He
acknowledged that there are neighborhood expectations about development of this site and noted that the
applicant has been working with adjacent property owners to ensure the most appropriate urban density
development is undertaken.
Mr. Leep showed the Commission the concept plan for the subject property, noting that it addresses
the interconnectivity issues not previously addressed with the cul-de-sac street design. He noted that it also
provides for three units per acre around the center the five units per acre in the interior of the site. He
concluded by encouraging Commission approval of this application and voicing a commitment to provide
a good development plan that meets code and is acceptable to the area residents.
Ms. Valerie Britt, 3876 Equestrian Lane, stated that, as a property owner, she is opposed to the
proposed zone change. She noted that, when they were purchasing property in Baxter Meadows
Subdivision, they were shown extensive drawings with areas of affordable, high-density housing, low-density
housing, and the equestrian center. She indicated that lifestyle within this development was sold in the
package, and she finds this change in zoning and the attendant impacts to the area will have a dramatic
negative impact on that lifestyle. She concluded by asking the Commission to not approve the requested
zoning, but to require the developer to seek an alternative that reflects the existing density in the area.
Mr. Joe Bridges, 3974 Equestrian Drive, noted that he purchased his property for the same reasons
that the previous speaker mentioned. He noted that, while the applicant talked about not increasing the
number of units, there was no mention of how tall the buildings might be. He concluded by noting that the
100-acre park was identified as an amenity, and that seems to be in process, and open space was also a
selling point. He concluded by expressing concern that the area has postal problems, with people receiving
the wrong mail.
Mr. Mike Anderson, representing owners of the Baxter Ranch, stated the ranch is bounded by this
proposed subdivision on three sides. He questioned how many more times this plan will change within the
next two years if this rezoning is approved. .
Mr. Tom Kingma, 3490 Harper Puckett Road, stated he owns the dairy on the north end of this
property, noting that in 2001, he farmed what is now Baxter Meadows Subdivision. He noted that he talked
07-18-05
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to Mr. Williams as this subdivision was being undertaken and accepted the plans and zoning designations
established at that time. He is concerned that those plans are now changing and encouraged the
Commission to not approve the requested zoning but to allow the original plans to remain in place.
Ms. Lynn Meyers, 3968 Equestrian Drive, stated that she, too, bought into the community
development concept. She has found since moving to Bozeman that affordable housing generally is rental
housing, and the area is already having problems with rentals. She strongly encouraged denial of this
rezoning, stating she does not want to see the original concept changed.
Mr. Tim Anderson, 3987 Baxter Lane, noted this subject property was zoned "RS" in 2002 as part
of the master plan for this planned unit development. Since that time, the property has gone through several
phases and been platted, with people and neighbors making lifestyle adjustments based on the overall
master plan. He further noted that the estate lots were part of the diversity of residential development, and
under this rezoning that type of housing would be eliminated.
Ms. Judy Kingma, 3490 Harper Puckett Road, noted that for the past two years, they have been
building their new home. Because they were told that the lots next to them would be estate homes, they
made their home larger to fit with the anticipated neighborhood, considering it as an investment in the future.
Now that their home is almost done, they are finding that the neighborhood could change, with higher density
development and lower property values. She encouraged the Commission to not approve this requested
change in zoning and to allow the original plan to remain in place.
Ms. Diana Colton, 2168 Baxter Lane, voiced her agreement with the previous speakers, stating she
would not have purchased her property if she had known this change was being considered. She then noted
the declaration of covenants states in part that the purpose is to increase property values and to protect
against improper development and use of the lots. Further, the planned unit development was created to
provide for a mixed-use lifestyle; and, as a traditional home owner, she does not feel it is fair to those who
have purchased homes to approve this zone map amendment that could result in a mass of high-density
development.
Ms. Debbie Bridges, 3974 Equestrian Drive, noted she attended the meeting with PC Development
two months ago, when those in attendance were assured the plans for development would remain in place
with no changes; and change is now being proposed. She also expressed concern about the fact that the
amenities promised are not yet completed and the safety risks that will be incurred by additional traffic.
Ms. Lisa Anderson, 3987 East Baxter Lane, noted that she did not like or support this development
four years ago, and she does not like it now. She stated that, based on the developer's representations, they
chose to remain in their home and remodel it. They are now about two weeks from completing the costly
remodel, and this rezoning request is now before the Commission. She expressed her concern that this
change will result in higher densities and possibly increased heights, which will negatively impact their
property.
Mr. Paul Peterson, 3200 Harper Puckett Road, characterized Baxter Meadows Subdivision as "the
biggest catastrophe seen in Montana", noting it has been over five years in development but is still not off
the ground. He stated the concept of living above where one works is flawed and will not stop urban sprawl.
He concluded by asking that, if the Commission chooses to approve the requested rezoning, it also require
a complete plan for development and not a piecemeal plan as proposed.
Mr. Mike Potter, PC Development, reminded the Commission that the original concept plan was
approved in 2001, with a diversity and mix of housing types and commercial development that would result
in approximately 2,000 dwelling units. Since that time, Mr. Williams has made a lot of progress in extending
services to the property. However, the City has also adopted the new growth poliCY and unified development
ordinance; and that has changed the way the City looks at development. He noted that new development
must now be considered in light of the new documents, and that includes adapting development on the west
end of this property to provide a transition between the urban density development in Baxter Meadows
Subdivision and the undeveloped farmland to the west. He acknowledged the sensitivity and frustrations
of those who have purchased in Baxter Meadows Subdivision or live adjacent to it. He noted, however, that
under this zone change, he anticipates the number of dwelling units will increase from 130 to 150 units on
the 85-acre site, with roughly 25 percent of the property being designated as park area.
Since there were no Commissioner objections, Mayor Cetraro closed the public hearing.
07-18-05
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Decision
Commissioner Kirchhoff stated he does not disagree with the expectations of those who live in or
near this subdivision, however, he noted the plan has now changed. He then indicated he finds the new
plan is better than the previous one, which did not provide needed connections. He aCknowledged that,
while this property may now be open land, it won't be in forty years, and it is the Commissioners' duty to
make sure that development is done effectively. He concluded by noting that the requested "R-1" zoning
provides the lowest density residential development in an urban environment and indicating that he will
support the change.
Commissioner Krauss stated that he, too, supports the zone change and finds the result is a far
better design. He noted that the 1 0,000 to 12,000-square-foot lots proposed are as large as one might find
anywhere in the city, providing for a transition to the agricultural uses to the west. He indicated that, while
he finds the road layout is not perfect, he does appreciate the proposal to surround the park with roads. He
acknowledged that the 6-percent growth rate in the city and the 10-percent growth rate in the county are
having a dramatic impact on the area and resulting in conflicts along several edges of the community. He
concluded by reiterating his support for the rezoning and the new design that can be accomplished under
that zoning.
Responding to Commissioner Hietala, Planning Director Epple stated the applicant has an entire
concept plan; however, only the concept plan for the western portion of the property was presented at last
week's meeting due to the late hour when that agenda item was introduced.
Responding to Commissioner Krauss, Mr. Leep stated the original concept plan provided for about
2,000 dwelling units. The new concept plan provides for just under 1,800 dwelling units, with a goal of ten
units per acre overall and three to five units per acre on the west end of the subdivision.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the Zone Map
Amendment requested by Potter Clinton Development, Inc., for Baxter Meadows West, LLC, under
Application No. Z-051 02, to amend the zoning designation on approximately 85 acres described as a portion
of the Southwest one-quarter of Section 34, Township 1 south, Range 5 East, Montana Principal Meridian,
from "R-S", Residential-Suburban, to "R-1 ", Residential-Single-household, Low-density, be initially approved
and that staff be directed to bring back an ordinance enacting the amendment, subject to the following
conditions:
1. The ordinance for the Zone Map Amendment shall not be drafted until the applicant
provides a metes and bounds legal description and a map of the area to be re-zoned,
which will be utilized in the preparation of the ordinance to officially amend the City
of Bozeman Zoning Map.
2. The applicant shall submit a zone amendment map to the Planning Office, titled
"Baxter Meadows Western Quadrant Zone Map Amendment," within 45 days of
approval by the City Commission on: 1) a 24-inch by 36-inch mylar; 2) an m~-inch by
11- or 14-inch paper exhibit; and 3) a digital copy of the area to be rezoned. Said map
shall contain the metes and bounds legal description, description of the boundaries
of each specific zoning designation, total acreage of the property, acreage of each
specific zoning designation, and adjoining rights-of-way and/or street access
easements, as certified by a licensed Montana surveyor and acceptable to the
Director of Public Service. A one-time extension of 45 days may be granted by the
Planning Director.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff,
Commissioner Hietala, Commissioner Krauss, and Mayor Cetraro; those voting No being Commissioner
Youngman.
Break - 9:35 to 9:40 p.m.
Mayor Cetraro declared a break from 9:35 p.m. to 9:40 p.m., in accordance with Commission policy.
07-18-05
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Site Plan - allow demolition of existina church and construction of 31.668 aross sauare foot arocerv
market within six new buildinas on 4.98 acres located at southeast corner of intersection of Kaav
Boulevard and South Third Avenue - Town and Country Foods. Inc. (2000 South Third Avenue)
(Z-05062)
This was the time and place set for the public hearing on the Site Plan requested by Town and
Country Foods, Inc., under Application No. 2-05062, to allow demolition of the existing church on Lot 3,
Block 4, Thompson Addition No.3, and construction of a 31,668-square-foot grocers market. The subject
property is located at 2000 South Third Avenue.
Public hearing
Mayor Cetraro opened the public hearing.
Associate Planner Jami Morris presented the staff report, noting that many written comments have
been received, both in support of and in opposition to this application. She noted that, with the "B-1" zoning
district, buildings can be attached as long as they are divided by fire walls and have no internal connections.
In this instance, each building contains less than 5,000 square feet. She cited other developments in "B-1"
zoning districts that are similar to this proposed development, including those near the intersections of Kagy
Boulevard and South Tracy Avenue, StoneRidge Drive and North 27th Avenue, and Tai Lane and West
Lincoln Street. She acknowledged that these developments are multiple-use facilities, and noted that under
this proposal, each building would contain a different section of the store. She also stressed the unified
development ordinance does not require that development within the "B-1" zoning district include multiple
uses.
The Associate Planner noted that Figgins Creek is located on the site and triggers the 50-foot
setback requirement. The floodplain portion of the site has been filled and the site remapped, although a
small amount is still within the floodplain boundary. The Wetlands Review Board has reviewed this
application and has determined the wetlands are not functional but has recommended that the trail be set
back ten feet from the vegetation.
Associate Planner Morris stated that access to the site from South Third Avenue is located 360 feet
from the intersection and the access from Kagy Boulevard is 400 feet from the intersection. The code
requires that accesses be a minimum of 660 feet from the intersection on arterial roads; however, it also
authorizes the City Engineer to waive that requirement down to 315 feet as long as it is not a life safety
issue. The access from South Third Avenue is to be right turn only, while full access is proposed from Kagy
Boulevard.
Associate Planner Jami Morris 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. Based on those findings,
she noted that staff has forwarded a recommendation for approval, subject to several conditions.
Responding to Mayor Cetraro, the Associate Planner stated that the calculations for parking have
been broken down by the actual uses, and the code allows for a reduction within the B-1 zoning district. She
then indicated that 93 spaces are required, and more spaces are being provided.
Commissioner Hietala noted that no parking is allowed on the street, and there is no opportunity for
shared parking in this area; therefore, he feels the maximum of parking ought to be provided.
Project Engineer Bob Murray stated the traffic study for this project has been updated with this new
submittal, and analysis of those counts, which were taken in March, revealed that the intersection of South
Third Avenue and Kagy Boulevard will continue to operate at a satisfactory level with this project.
Responding to comments from Commissioner Hietala, Project Engineer Murray acknowledged the
rate of development in this portion of the community, but noted that with that development, the extensions
of South 11th Avenue and West Graf Street are anticipated; and those street extensions will allow for a
change in traffic patterns.
Mr. Jerry Perlinski, applicant, noted that an informational meeting on this project was held on May
15, and at that meeting, he heard comments about size and scale. He stated many references were made
to the Kagy Korner development; and a review of that development revealed eight buildings ranging in size
07-18-05
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from 2,800 square feet to 12,500 square feet and covering 22.72 percent of the site. His project includes
six buildings covering 23.14 percent of the site. He then compared this project to the Museum of the
Rockies, which is 95,000 square feet and has minimal landscaping. He stressed that there are no internal
connections between the buildings. He responded to other objections about the project, which include the
fact that this project includes one owner in multiple buildings, and cited Kenyon Noble as an example of a
similar development. He identified several upscale areas in other communities where a grocery store was
successfully located adjacent to residences. He concluded by stating that this plan includes an improved
truck delivery area where backing is limited to short distances, in response to some of the neighborhood
concerns voiced.
Mr. Perlinski indicated that a random public survey was done of 355 people in Bozeman, 100 of
which were within one-half mile of this site. Those results reflected a 6 to 1 ratio in support of the
application, which reflects a 70-percent community support and almost 60-percent support within one-half
mile. He indicated that 45 percent of those in opposition indicated nothing could be done to earn their
support, and 40 percent had concerns about traffic.
Mr. Gerald LaPeyre, 1704 South Willson Avenue, characterized this as essentially the same plan that
the Commission previously turned down. He voiced concerns about the traffic and the fact that South Third
Avenue currently has narrow pavement with no sidewalks. He then noted that people will not generally walk
or bike to the grocery store.
Mrs. Shirley Sedivy, 2205 Highland Court, noted that she served on the Pedestrian/Traffic Safety
Committee for several years; and pedestrian safety remains one of her huge concerns. She is concerned
that a regional supermarket will draw from a large area, making pedestrian travel on South Third Avenue
even more unsafe, with its narrow walkway and deep barrow pit immediately adjacent. She further noted
that the construction of a right slip lane will cause drivers to look for vehicles but not pedestrians.
Mrs. Sedivy noted she is a third generation Bozemanite and has enjoyed the quiet tree-lined streets
in the neighborhood. She also has witnessed the destroying of a beautiful tree-lined entrance to the
community to accommodate additional traffic, and she does not want to see the same thing happen in this
area. She characterized this application as a clever design of what remains a warehouse supermarket with
one owner rather than separate stores and concluded by encouraging the Commissioners to vote no.
Mr. Pierce Mullen, 11 Hill Street, stated he lives 175 yards from the site and was not one of those
polled in the referenced survey. He characterized this as clearly a "B-2" proposal being fit into a "B-1" zoning
district with the associated difficulties. He encouraged the Commission to deny this application, stating it
is not suitable as a neighborhood business cannot be described as one.
Ms. Collette Jamison, 502 North Tracy Avenue, noted that Town and Country is a locally-owned
store; in fact, it is employee-owned and many of its employees are paid decent salaries. Also, Kagy
Boulevard is a major street and, with the growth in Bozeman, it makes sense to allow a grocery store in this
location. She concluded by encouraging approval of this application.
Ms. Lisa Hathaway, 6 West Babcock Street, stated she rides her bicycle from her home to Eagle
Mount on a regular basis. She feels that approving this application would be beneficial to those on fixed low
incomes, particularly since public transportation is limited.
Ms. Robbie Gammack, 2110 Spring Creek Drive, noted everyone in their subdivision purchased their
homes knowing this area was residential and, even though the Bozeman 2020 Community Plan supports
the "B-1" zoning on the subject parcel, they anticipated that development would "support, enhance, and
protect the integrity of the neighborhood." This proposed store does not fit that criteria and, as a result, she
asked that the Commission not approve this application.
Mrs. Anne Banks, 7 Hill Street, reminded the Commission that the subject property is zoned "B-1"
and that the intent of that zone is to ensure commercial development compatible with the neighborhood, and
to protect the integrity and livability of the residences. She stressed that the 5,000-square-foot size is
intended to be the maximum size of the commercial endeavor. In this instance, she observed that the six
buildings are actually connected by wide hallways; and the result is one large building structurally and
functionally since access is limited to three locations. She urged the Commissioners to recognize that the
proposed use more appropriately belongs in a "B-2" zoning district and to deny this application.
07-18-05
- 22-
Mr. Mike Hickman, 209 Westridge Drive, stated his opposition to this being identified as a "B-1" use,
noting he does not believe it meets the intent of that zone. He encouraged the Commission to deny this
application and to require the applicant to-,provide a plan that truly meets the intent of the code to provide
neighborhood services.
Dr. Chris Stryker, 1624 South Third Avenue, noted that since he moved to the area five years ago,
it has been plagued by developers proposing inappropriate development for the area. He stressed this is
not an area for large stores or apartment complexes, but an area for homes and cultural uses such as the
Museum of the Rockies. He asked the Commissioners to consider the homeowners, particularly those close
to the site since they are the ones most negatively impacted by the proposed development.
Mr. Roy Lee, 1548 South Grand Avenue, voiced opposition to the large grocery store, citing traffic
as one of his major concerns. He noted the traffic problems are incredible throughout Bozeman, and this
development would further compound those problems in this area. He concluded by noting that if Mr.
Perlinski could adequately resolve the traffic issues, he could support the proposed store.
Mrs. Gloria Zimmer, 2103 South Tracy Avenue, noted their home abuts the subject property. She
spoke in favor of the application, stating she feels the proposed grocery store would be better than other
potential "B-1" uses. She appreciates the location of the buildings close to the corner, further from the
existing homes and the minimum disturbance to the natural barriers between the property and the houses.
She indicated that she does have concerns about traffic but is confident those issues can be mitigated.
Mr. Jim Banks, 7 Hill Street, applauded the applicant's efforts, however, he finds the business would
result in problems difficult to mitigate. He concluded by noting the application does not comply with the
growth policy or zone code and asked the Commissioners to deny the application, reminding them they
denied a lesser application two years ago.
Mr. Mike Kraft, 5241 Foster Lane, encouraged approval of this application, stating he feels this
location on the south side of Bozeman would be beneficial to the entire community.
Ms. Christie Kraft, 5241 Foster Lane, stated she has been an employee of Town and Country
Grocers for nearly three years and finds the business is extremely well run. She encouraged approval of
the application.
Mr. Mike Jarrett, 845 West Arnold Street, stated he lives within a half mile of the subject site and
supports the proposed store. He noted this area needs a grocery store, and with anticipated development,
additional street connections will be constructed, including extensions of Graf Street and South 11 th Avenue.
Ms. Jennifer Westermeyer, 1207 Holly Drive, noted she lives near the hospital and works 70 hours
a week, making it difficult to get to the store. She stated that having a grocery store at this location, between
the campus and her home, would be a benefit.
Mrs. Nancy LaPeyre, 1704 South Willson Avenue, encouraged the Commissioners to consider the
amount that one purchases when in a large grocery store and whether one might walk home with that
amount. She stressed that this is not a neighborhood grocery store, but a large store that will attract
Significant traffic and asked that the Commission not approve it.
Mr. Ralph Zimmer, 2103 South Tracy Avenue, noted he is a traffic engineer by profession. He stated
that if this store is built, it will be the seventh largest grocery store in Bozeman, but the only one of its size
in this portion of the community. He suggested the net result would be a reduction in the total number of
vehicle miles driven and a reduction in the overall number of accidents. He recognized that the proposed
store would increase cut through traffic; however, he noted that occurs with any change in use or occupancy.
Mr. Don Kreitz, 2001 Fairway Drive, stressed that the current zoning is designed for small
development. He noted he resents the audacity of the applicant to attain his end by means of a loophole
in the code. He concluded by stating the subject intersection is not the place for a large grocery store.
Ms. Rachel Wallace, 401 South Willson Avenue, voiced concern that the neighborhood is here once
again in a totally adversarial position on this issue, with no opportunity to come together to work on this
proposal.
07-18-05
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Mrs. Kathi Bare, 2109 South Tracy Avenue, stated when this subdivision was developed, protective
covenants were executed by the neighbors to allow the church to build on the subject property; and when
she purchased her home, she thought those covenants would remain in effect. She noted the applicant
estimates 2,000 vehicles per day and; at an average sale of $25, that would generate $18 million a year.
She recognized this type of store is needed on the south end of the community, but stated the "B-2" site less
than a mile away is a much more appropriate location. She reminded the Commissioners that basically the
same size store was previously turned down and encouraged them to deny this application.
Ms. Arianne Perlinski, 1420 Fort Ellis Road, acknowledged there is traffic on Kagy Boulevard, noting
she drives through its intersection with South Third Avenue on a daily basis. She feels the grocery store
would be an asset to this area, and would save traveling across town to get to the current store.
Mr. Bill Ranard, 2513 Valhalla Court, stated he that, as a representative ofthe church, he has worked
with Mr. Perlinski over the past three years and has found him to be forthright and fair. He voiced his
appreciation for those who have been willing to speak in support of this application and concluded by stating
he finds this proposed use benefits the community as a whole.
Mr. Terry Wolfe, 215 Westridge Drive, identified traffic as the major issue, particularly in light of the
additional development that has occurred to the south. He questioned whether the City has the resources
needed to correct the problems that will result from approval of this application. He questioned where the
employees will park, noting that they will either take spaces in the parking lot or will park on the street or in
other parking lots in the area. He concluded by stating that many of the residents support a store on this
site, just not the large one proposed.
Dr. Stephen Forte, 110 Erik Drive, spoke in favor of this application, stating he feels a grocery store
at this location would benefit the neighborhoods and would be particularly appropriate because of the density
of popUlation in the general area.
Mr. Glenn Allinger, 112 Westridge Drive, identified his two concerns as being that the application is
not consistent with the growth policy and the traffic. He noted that the Bozeman 2020 Community Plan
characterizes neighborhood commercial development as being small and oriented to serving the needs of
the neighborhoods within a half mile of the site. This application, however, is for a community commercial
or possibly a regional commercial use. He acknowledged that Town and Country is a first rate operation,
noting he has been an enthusiastic customer for more than thirty years and was previously a neighbor of
the existing store. He has seen the amount of traffic a good supermarket generates and, as a result, he is
concerned about traffic congestion and cut-through traffic. He concluded by urging the Commission to look
carefUlly at the spirit of the growth policy in making its decision.
Mr. Dan Wilson, 2202 Highland Court, noted the growth policy is supported by the zone code. In this
instance, "B-1" zoning is to support the smallest commercial uses. He then stated that at one of the
informational meetings, he asked how many work at the current store, and the response was 30 to 40
employees who park on the street. The applicant is proposing 1 07 parking spaces at this new site, and
more employees will be needed for the larger facility. He voiced concern that the result will be cutting the
parking spaces available for customers to roughly half of the lot and concluded by encouraging denial of the
application.
Mr. Ken Gallik, 15 Hill Street, noted the subject location was rezoned from "R-1" to "B-1" in January
2002, and that change was not supported by the neighborhood but was approved by the Commission. At
that time, the neighbors understood the zone change would allow the smallest scale retail, with Kagy Korner
given as an example. The application before the Commission is for a 31,OOO-square-foot grocery store,
which is larger than the store that was denied two years ago. He asked the Commission to uphold the
integrity of the "B-1" zone and deny this application.
Mr. Alex Ragenovich, 1909 South Tracy Avenue, noted that the zone change required a super-
majority vote, and it received that vote. Since that time, the change in the unified development ordinance
have caused the differences between the "B-1" and "B-2" zones to become a little more blended and
workable for staff, which now works against the neighborhood. He reminded the Commission that the
growth policy calls for neighborhood commercial development on the subject site, not community
commercial. As a result, he asked that the Commission not approve this application.
07-18-05
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Mr. Kimerick Hayner, 1 Hill Street, stated he is adamantly opposed to the proposal, noting this type
of business, by nature, requires a high volume of traffic to be competitive. He stressed that there is no other
supermarket in a "B-1" zone in town. He noted that the Commission denied the previous application in 2003
and asked that they deny this one as well.
Ms. Pat Yaney, 775 Bozeman Trail Road, stated she drives Kagy Boulevard on a regular basis. She
noted that to have Town and Country along this road would save her driving to South 19th Avenue, thus
saving her time. She acknowledged that a large store will affect the neighbors, but she feels the benefits
outweigh the impacts, and concluded by expressing support for the project.
Mr. Tim Turner, 814 South Willson Avenue, noted the traffic on South Willson Avenue is bad but
suggested the proposed store might help to reduce some of that volume. He indicated that he would like
to see the proposed store constructed, stating that it may not be successful but the applicant should be given
an opportunity to try.
Mr. Tom Stenzel, 2117 South Tracy Avenue, noted most of his groceries come from Town and
Country Grocers. He cited three reasons for being opposed to having the store relocate to the subject site
as being noise, noise, and noise. He stated the issue of traffic has already been identified, noting that noise
will also come from delivery trucks and compressors. He urged the Commission to deny this application,
stating something smaller and more neighborhood friendly is more appropriate for this site.
Mr. Denny Klewin, 3251 Wagon Wheel Road, urged support for the application, citing the many
residential developments he has seen in that immediate area in the past twenty years. He stressed that the
magic word is mitigation and suggested that can be provided with this business.
Ms. Carol Perlinski, 15 Arnold Street, noted she teaches at Bozeman High School; and the
intersection of Kagy Boulevard and South Third is on her way between home and work. She encouraged
approval of this project, noting that it would help to reduce sprawl.
Mr. Ryan Vance, 777 Haggerty Lane, encouraged approval of this application.
Mr. Ed Sedivy, Jr., 2205 Highland Court, applauded the Commission for listening to the diverse
testimony. He encouraged the Commissioners to recognize that only one of the families from Thompson's
Third Subdivision speaking tonight has been in favor of this application; the remainder have been in
opposition to allowing a supermarket in this quiet residential neighborhood. He asked the Commissioners
to not ask the residents to serve the community with a store in their back yards and concluded by noting he
anticipates the individual Commissioners would like to say they left the community a better place than they
found it.
Mr. Lloyd Mandeville, 1001 Woodland Drive, noted that allowing a store at the intersection of Kagy
Boulevard and South Third Avenue will help to reduce the number of vehicle trips by allowing people to stop
and shop on their way home. He stated that he anticipates a large grocery store will be built on South 19th
Avenue, which will be designed to serve a more regional market than this store.
Mr. Chris Charles asked why the distinction between the "B-1" and "B-2" uses if this is an appropriate
development for the current zoning. He expressed concern that approval of this application would set a
precedent that could be dangerous in any "B-1" zone.
Mr. Jerry Perlinski acknowledged that he did send out invitations to those within a half mile of the site
to attend a neighborhood meeting. He indicate that he used a mailing service for those invitations and is
unsure why several in the area did not receive invitations. He also identified the process used for conducting
a telephone poll. He stressed that Town and Country Grocers is not a warehouse store; and he is trying to
change it to a neighborhood store. He stated that, if this application is approved, he will do his best to take
care of the site and customers and to provide a desirable service in close proximity to where people live and
work.
Commissioner Kirchhoff disclosed that he has talked to scores of people about this site plan, in what
could be identified as ex parte communication, stressing that Jerry Perlinski is not one of those individuals.
He then noted that he grew up near this site and, as a result has a lot of history with it. He indicated that
he cannot disagree with some of the professional information that has been provided. He feels that traffic
issues have been adequately addressed, and stated he finds efforts have been made to make this project
07-18-05
- 25-
fit with the neighborhood. He finds this application meets the concepts of smart growth, provides an amenity
near a residential area, and preserves the trees and stream on the site. As a result, he supports the
proposal submitted.
Commissioner Krauss thanked the applicant, the audience and the Mayor for a well-run public
hearing. He noted that staff has recommended approval of the application. He believes that the application
requires deviations because the accesses are not 660 feet from the controlled intersection. He noted there
is "B-2" zoned property along South 19th Avenue, including at its intersection with Kagy Boulevard, where
a grocery store could be appropriately located. He acknowledged that the design meets the letter of the
"B-1" zoning, but questioned whether it can be shoehorned into the site. He noted that the intent of the "B-1"
zoning district is for the smallest scale of commercial or retail development, citing the development along
West College Street as an example. He stated the traffic study shows that within ten years, the intersection
of Kagy Boulevard and South Third Avenue degrades to below acceptable standards, and he is concerned
that the addition of this development will result in immediate impacts to South Third Avenue and result in
dangerous situations if not mitigated. He cited the Holiday Stationstores situation at the intersection of North
19th Avenue and Durston Road as an example of the traffic problems that could result without adequate
access from all directions. He also voiced concern that approval of a 31 ,OOO-square-foot grocery store in
this location would set an undesirable precedent for development within the "B-1" zoning district. He agrees
that Mr. Perlinski has the right to develop this site; it should be with small and independent uses.
Commissioner Youngman expressed her concurrence with Commissioner Krauss's comments,
noting the Commission has heard from sixteen neighborhoods that this proposal does not meet the spirit
or the letter of the zoning designation. She concluded by stated she does not believe this application is for
a neighborhood commercial development.
Commissioner Hietala suggested that additional conditions could be imposed. He voiced his interest
in preserving the integrity of South Willson Avenue because it an historic street and is becoming very
vulnerable to traffic. He noted that the parking lot is roughly 31'2 feet lower than the street elevation on South
Third Avenue, which limits visibility and will require ramping to the street. He concluded by stating he finds
the proposed 31,OOO-square-foot development is too large and voiced an interest in possibly seeing a
smaller footprint.
Mayor Cetraro stated he does not find that the character of the "B-1" zoning district is met with this
application. He is also about the parking provided in conjunction with this application and indicated his
support for Commissioner Krauss's comments.
Commissioner Hietala stated that he, too, finds the parking is a problem. He noted that the maximum
amount of parking needs to be provided, particularly since the subject property is isolated and shared
parking is not an option.
Since there were no Commissioner objections, Mayor Cetraro closed the public hearing.
Decision
Commissioner Krauss indicated he has three additional conditions for the Commissioners to consider
if they wish to approve this application; Commissioner Kirchhoff indicated that he, too, could identify
additional conditions for consideration.
Mayor Cetraro stated that, based on the application before him, he finds the size of the proposed
development is one of his major concerns, and questioned whether this proposal is neighborhood business
or community commercial. He recognized that Town and Country Grocers is a great establishment and that
the design is interesting. He indicated that he understands the parking calculations but finds the scale of
the project is larger than he had anticipated.
Commissioner Kirchhoff noted the applicant is providing the maximum number of parking spaces
for this development and, as a result, he finds that issue has been addressed. He noted that two traffic
studies have now been completed, with the most recent one being done in March. It shows that the
intersection does not fail and, as a result, no immediate mitigation is needed. He acknowledged the
concerns about South Willson Avenue. He then concluded that he finds this project provides adequate
buffering between the store and the neighborhood and that the size of the lot is ample to accommodate this
development and its amenities.
07-18-05
- 26-
It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the Site Plan
requested by Town and Country Foods, Inc., under Application No. Z-05062, to allow demolition of the
existing church on Lot 3, Block 4, Thompson Addition No.3, and construction of a 31,668-square-foot
grocers market, be approved subject to the following conditions:
1. A solid decorative wall or earthen berms shall be constructed to an adequate height
to shield headlights along the length of the parking areas facing the residential
neighborhood. This should create a solid barrier to shield the neighboring residential
properties from vehicle headlights in the parking lot.
2. No refrigeration trucks will be permitted to operate/park on the subject property
overnight except in accordance with the Bozeman Municipal Code.
3. The trail shall be constructed to a Class 1 standard 6-foot in width and within a 10-foot
wide public access easement. The specifications for the trail shall be identified on the
final site plan for review and approval by the Parks Department.
4. The parking lot lamps shall be installed with a timer to ensure the lights shut off after
the store closes.
5. A temporary perimeter fence/barricade shall be installed around the project area
during construction to protect the creek and adjacent properties from drifting
construction debris.
6. Any existing mature vegetation planned for removal shall be flagged for review and
approval by the Planning Office prior to final site plan approval. No mature vegetation
shall be removed without prior City approval.
7. The parking stalls adjacent to the unloading berth shall be signed "employees only".
8. The existing water and sewer services to this lot shall be utilized or abandoned per
the City of Bozeman Water/Sewer Department's requirements.
9. A 10-foot-wide setback shall be provided from the wetland edge to the back of curb
to provide for a 10 foot unencumbered trail easement without clearing any of the
existing vegetation. All of the existing vegetation within delineated wetland areas
shall be preserved. If this results in a net reduction in parking spaces, below the
minimum required, then the building square footage shall be adjusted accordingly.
10. The applicants engineer shall review the final location of the access on South 3rd
Avenue in relation to the building and other improvements on site, and provide an
analysis of the site distance for review and approval of the City Engineer.
11. The median on Kagy Boulevard shall be reconstructed to provide a dedicated turn
lane for westbound traffic turning into the site. The geometry of the median shall meet
MSHTO standards and be approved by the Montana Department of Transportation.
12. A "pork chop" shall be installed on the South 3rd Avenue access to prohibit
southbound traffic from entering the site as recommended in the applicant's Traffic
Impact Analysis.
The motion failed by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff; those
voting No being Commissioner Hietala, Commissioner Krauss, Commissioner Youngman, and Mayor
Cetraro.
07-18-05
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Authorize City Manaaerto neaotiate aareement fordevelopmentand firstvear administration of cable
television franchise aareement
City Manager Chris Kukulski noted that the Commission has heard presentations from both the
consultant seeking an agreement to develop and administer a cable television franchise agreement and from
Bresnan Communications, indicating a willingness to work with the City to reach an agreement.
Commissioner Krauss asked that action on this item be delayed for two weeks, noting he believes
Bresnan Communications might come forward with another proposal that the City might find acceptable.
It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that action on this
item be delayed for two weeks. The motion carried by the following Aye and No vote: those voting Aye
being Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala,
and Mayor Cetraro; those voting No, none.
Appointments to boards and commissions: (a) Audit Committee, (b) Beautification Advisory Board.
(c) Board of Appeals. (d) Bozeman Area Bicvcle Advisorv Board. (e) Community Alcohol Coalition.
eft Community Development Block Grant Economic Development Loan Review Committee. (a) Design
Review Board. (h) Downtown Bozeman Improvement District Board C1DB}, (j) Downtown Business
Improvement District Board (BID), (j) Historic Preservation Advisory Board. (k) Library Board of
Trustees. en Parking Commission. (m) Police Commission. (n) Recreation and Parks Advisory Board
(student representative). (0) Senior Citizens' Advisory Board. (p) Tree Advisorv Board and (a) Zoning
Commission
Due to the late hour, the Commissioners delayed this item until next week's meeting.
Discussion - FYI Items
The following "For Your Information" items were forwarded to the Commission.
(1) Letter from Barbara Summers, 502 North 20th Avenue, to Director of Public Service Debbie
Arkell, regarding the proposed design for the Durston Road improvements.
(2) E-mail from Donald Seifert regarding the proposed Miller Subdivision.
(3) Letter from Brian Gallik, attorney representing the Bozeman Creek Neighborhood Association
and G.K. Reiser, to the City and the County regarding NorthWestern Energy's proposal for expansion of the
sub-station.
(4) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, July 19, at
the Courthouse, along with notice that the meeting for July 20 has been cancelled.
(5) Agendas for the Zoning Commission meeting to be held at 7:00 p.m. and the Planning Board
meeting to be held at 7:30 p.m. on Tuesday, July 19, in the Commission Room.
(6) Agenda for the Development Review Committee meeting to be held at 10:00 a.m. on
Wednesday, July 20, in the Commission Room.
(7) Agenda for the Transportation Coordinating Committee meeting to be held at 9:30 a.m. on
Wednesday, July 27, in the Commission Room.
(8) Director of Public Service Debbie Arkell stated that she met with the Bozeman Ski Foundation
last week about their proposal to make snow for the trails through Lindley Park and the unused cemetery
land. In light of the noise associated with snow making equipment, staff has asked Neighborhood
Coordinator Oulman to organize a meeting with residents from the Marwyn Subdivision to discuss the issue
and has asked the Cemetery Board to make a recommendation for Commission consideration. She noted
that, under the master plan, moving of the hedge and fence is required in conjunction with allowing new
trails.
07-18-05
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(9) City Manager Chris Kukulski announced that he will distribute copies of his evaluation form
to the Commissioners within the next week, since he is approaching one year with the City.
(10) Commissioner Kirchhoff noted that, if his editorial had a bad rebound effect on the
Commission, he apologizes; he was simply trying to prompt some action.
(11) Commissioner Krauss reported the Recreation and Parks Advisory Board is once again
expressing concern about how the Farmers' Market at Bogert Park is operating.
(12) Commissioner Hietala expressed concern about the presence of leafy spurge within the
community.
Adiournment - 12:25 a.m.
There being no further business to come before the Commission at this time, it was moved by
Commissioner Kirchhoff, seconded by Commissioner Hietala, that the meeting be adjourned. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner
Hietala, Commissioner Krauss, Commissioner Youngman, a or Cetraro; those voting No, none.
ATTEST:
~J~
R IN L. SULLIVAN
Clerk of the Commission
07-18-05