HomeMy WebLinkAbout2006-03-27 Minutes, City Commission
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MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN,MONTANA
March 27, 2006
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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, March 27, 2006, at 5:00 p.m. Present were Mayor
Jeff Krauss, Commissioner Sean Becker, Commissioner Jeff Rupp, Commissioner Steve Kirchhoff,
Commissioner Kaaren Jacobson, City Manager Chris Kukulski, Assistant City Manager Ron Brey, Director
of Public Service Debbie Arkell, Director of Finance Anna Rosenberry, Director of Public Safety-Police Mark
Tymrak, Director of Public Safety-Fire Chuck Winn, Assistant Planning Director Chris Saunders, Assistant
City Attorney Tim Cooper, and City Clerk Robin Sullivan.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
Sianina of Notice of Special Meetina
Each Commissioner, in turn, signed the Notice of Special Meeting.
Work session - continued review of proposed revisions to UDO
Included in the Commissioners' packets were the proposed revisions to the UDO.
Caren Roberty, CAHAB staff, recommended that Section 18.42.180 be amended by requiring that
the original purchaser must be the occupant, and not a rental. They believe that through a deed restriction
right of first refusal, the City could ensure that subsequent purchasers use the property as residence also.
She also brought up requiring a cap on sales prices so that it cannot exceed FHA limit for Gallatin County,
which was $172,000 in 2004, and CAHAB would like to keep that cap to ensure a minimum level of
affordability. The City's current level goes up to 100 percent AMI. They also felt the Commission could
require that the price cap be reviewed annually. Currently the lot area to living area is 3:1, but they
recommend that a detached single-family home be less than 1,200 square feet, and an attached single-
family home should be less than 900 square feet. They also recommend that RSLs be smaller than 5,000
square feet, noting that they have seen 2,400 square feet at Baxter Meadows and have seen 2,000 square
feet on the internet.
1) Item 120 was moved forward through the UDO revision process.
2) Item 121 was not moved forward through the UDO revision process.
3) Item 158 was moved forward through the UDO revision process.
4) Item 161 was moved forward through the UDO revision process.
5) Item 168 was moved forward through the UDO revision process.
6) Item 169 was moved forward through the UDO revision process.
Paul Reichert, Downtown Bozeman Association, noted that the parking standards downtown are a
barrier to promoting infill development downtown. The downtown environment is based on pedestrian
movement, addressing parking on a case by case basis is not great idea. It gets to the point to where a
business gets its approval by showing it can meet parking requirements. He thinks we need to go to a
global proposal downtown. The Downtown Parking Commission and TIF group going to fund a parking
study, and he thinks what is being proposed tonight is fine.
7) Item 170 was moved forward through the UDO revision process.
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8) Item 171 was moved forward through the UDO revision process.
9) Item 172 was moved forward through the UDO revision process, including direction to
harmonize the parking authority ordinance.
Minutes - Auaust 15. September 6. September 12. and December 5. 2005. and January 17. February
21. March 6. March 20. and March 24. 2006
It was moved by Commissioner Becker, seconded by Commissioner Rupp, that the minutes of the
meetings of August 15 and December 5,2005, and March 20,2006, be approved as submitted. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Becker, Commissioner
Rupp, Commissioner Kirchhoff, Commissioner Jacobson, and Mayor Krauss; those voting No, none.
Mayor Krauss deferred action on the minutes of the meetings of September 6, September 12, 2005,
and January 17, February 21, March 6, and March 24, 2006, 2006, to a later date.
Consent Items
City Manager Kukulski presented to the Commission the following Consent Item.
Authorize City Manaaer to sian - Acceptance of Public Street Easement from Baxter
Meadows Development. LP (for westward extension of Kimberwicke Street to
Riatta Road)
Acknowledae receipt of reauest for creation of special improvement Iiahting district
for Baxter Meadows Subdivision. Phases 3A and 3B: refer to staff
Commission Resolution No. 3899 - adoptino by reference the Montana Local
Government Records Retention Schedules
COMMISSION RESOLUTION NO. 3899
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
ADOPTING BY REFERENCE THE MONTANA LOCAL GOVERNMENT RECORDS
RETENTION SCHEDULE.
Commission Resolution No. 3900 - awarding bid for SID No. 684 bonds
COMMISSION RESOLUTION NO. 3900
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
RELATING TO $1,588,000 SPECIAL IMPROVEMENT DISTRICT NO. 684 BONDS;
AWARDING THE SALE THEREOF AND APPROVING CERTAIN MATTERS WITH
RESPECT THERETO.
Claims
It was moved by Commissioner Rupp, seconded by Commissioner Kirchhoff, 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 Rupp, Commissioner Kirchhoff, Commissioner Jacobson, Commissioner Becker, and Mayor
Krauss; those voting No, none.
Public comment
No comment was received under this agenda item,
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Certificate of Aporooriateness to allow construction of 1.260-sQuare-foot second-level addition and
extensive remodel to existina sinale-household residence. with deviation to allow second-level
addition to encroach into reQuired 20-foot rear yard setback - Nick Pancheau for Nicholas Leib and
Bridoet Kevane. 504 West Arthur Street (Z-06004)
This was the time and place set for the pUblic hearing on the Certificate of Appropriateness
requested by Nick Pancheau for Nicholas Leib and Bridget Kevane, under Application No. Z-06004, to allow
construction of 1 ,260-square-foot second-level addition and extensive remodel to existing single-household
residence on Lots 1 & 2, Block 30, Capital Hill Addition, with a deviation from Section 18.16.050, to allow
the second level addition to encroach into the 20-foot rear yard setback, The subject property is located
at 504 West Arthur Street.
Public hearing
Mayor Krauss opened the public hearing.
Historic Preservation Planner Allyson Bristor presented the staff report.
She noted two letters of public support were received,
Staff has reviewed the application in light of the applicable criteria, and staff's comprehensive
findings are contained in the written staff report. Based upon those finding staff has forward a
recommendation of conditional approval.
Nick Pancheau, representing the applicant, points out that the walls are solid and he is available to
answer questions,
Commissioner Jacobson expressed concern that the proposed building is very different from what
is existing and may not fit in well with the surrounding neighborhood. She doesn't understand how this
proposed structure can be considered in character with the neighborhood, She also noted that she thinks
there are errors on the packet information, If you are looking at the character of the house, you look at the
houses on both sides of the street. That's how neighborhoods interact.
Historic Preservation Planner Bristor stated that the key is that historic appropriateness is not only
copying what's there, Staff thinks this house was occurring in a street scape where there is a consistent
pattern of gable fronting buildings and this design is contrasting those elements. They looked at the pattern
along Arthur Street, most were post 1950 constructions, most are on lots that encroach into current zoning
ordinances.
Commissioner Becker noted that we are facing two cubist structures coming into the future and he
is just thrilled and we are building tomorrow's houses. He appreciates the investment in this neighborhood,
Decision
It was moved by Commissioner Kirchhoff, seconded by Commissioner Jacobson, to approve the
construction of 1 ,260-square-foot second-level addition and extensive remodel to existing single-household
residence on Lots 1 & 2, Block 30, Capital Hill Addition, with a deviation from Section 18.16.050, to allow
the second level addition to encroach into the 20-foot rear yard setback, as requested by Nick Pancheau
for Nicholas Leib and Bridget Kevane, under Application No, Z-06004, be approved subject to the following
conditions:
1, The entire existing fence enclosing the corner side yard of the property shall be
completely removed from the site. If replacement fencing is proposed for the
removed portion, design and height details shall be supplied to the Department of
Planning through an amendment of this Certificate of Appropriateness.
2. The outdoor storage located in the driveway area shall be removed and relocated
to a secure and covered area. If a storage shed is proposed for the relocation,
design and height details shall be supplied to the Department of Planning through
an amendment of this Certificate of Appropriateness.
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3. Prior to issuance of any type of building permit (including demolition permits), the
applicant shall submit additional plans and elevations that clearly display the
existing, uncovered brick patio on the building's east side as better addressing the
South Fifth Avenue frontage. The particular design method may be chosen by the
applicant, but the plans and elevations will require final design review and approval
by Administrative Design Review staff.
4, Prior to issuance of any type of building permit (including demolition permits), the
applicant shall provide a color and materials palette for final design review and
approval by Administrative Design Review staff.
5, 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.
6. This project shall be constructed as approved and conditioned in the Certificate of
Appropriateness appl ication. 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
Unified Development Ordinance.
7. The applicant must comply with all provisions of the Bozeman Municipal Code that
are applicable to this project.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Kirchhoff, Commissioner Jacobson, Commissioner Becker, Commissioner Rupp, and Mayor Krauss. Those
voting No being none,
Certificate of Appropriateness to allow demolition of existino sino Ie-household residence and shed
and construction of new two-stOry sino Ie-household residence. with deviations to allow new
residence to encroach into reauired 15-foot corner side yard and 20-foot rear yard setbacks and to
allow vehicular access to a aaraae to encroach into reauired setback - JOry Ruaaiero for 720 East
Oranae Street (Z-05298)
This was the time and place set for the public hearing on the Certificate of Appropriateness
requested by Jory Ruggiero, under Application No. Z-05298, to allow demolition of existing single-household
residence and shed and construction of new two-story single-household residence, on Lots 4 & 5, Block
51, Northern Pacific Addition, with a deviation from Section 18.16,050, to allow the single household
residence to encroach into the 15-foot corner side yard setback. The subject property is located at 720 East
Orange Street.
Continued public hearing
Mayor Krauss reopened the continued public hearing,
Historic Preservation Planner Allyson Bristor presented the staff report.
She noted that this would have been a contributing structure if the site were in better condition, due
to the post 1927 construction. She noted two letters of public comment, with concerns that are reflected
in conditions of approval.
Staff has reviewed the application in light of the applicable criteria, and staff's comprehensive
findings are contained in the written staff report, Based upon those findings staff has forward a
recommendation of conditional approval.
Responding to Commissioner Rupp, Jory Ruggiero, applicant, noted that the existing trees will stay;
a giant willow tree is the dominant tree on the property, and the major trees will stay. He added that he
doesn't think there is an issue with the water line the neighbor was concerned with, and there is a condition
in the report that addresses the parking spot with the neighbor.
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Commissioner Jacobson noted this proposal doesn't bother her because there are all kinds of mixed
styles in this area, There is a clump of sites that are all different but all unique, and this house is a huge
improvement to what is there now.
Decision
It was moved by Commissioner Kirchhoff, seconded by Commissioner Jacobson, that the Certificate
of Appropriateness requested by Jory Ruggiero, under Application No. Z-05298, to allow demolition of
existing single-household residence and shed and construction of new two-story single-household
residence, on Lots 4 & 5, Block 51, Northern Pacific Addition, with a deviation from Section 18.16.050, to
allow the single household residence to encroach into the 15-foot corner side yard setback, be subject to
the following conditions:
1. The existing fence located in the East Orange Street right-of-way shall be completed
removed from the site.
2. No new construction of anv kind is permitted to occur over existing water and/or
sewer lines.
3. The applicant shall submit a modified site plan that shows the new construction
avoiding the existing Mr, Zac Zakovi's water line that cuts through the subject
property, If the change in plan creates a new deviation request, the applicant is
required to submit for a new Certificate of Appropriateness application.
4. The applicant shall submit a recorded easement that documents the location of the
existing neighbor's waterline within the subject.
5, The applicant shall submit a copy of the subject property's recorded deed to
determine if a parking space is reserved for Mr. Zac Zakovi.
6, A City standard sidewalk shall be installed along the entire subject property's
frontage, including North Plum Avenue and East Orange Street. The sidewalk shall
be installed or financially guaranteed prior to issuance of building occupancy,
7. The applicant shall provide and file with the County Clerk and Recorder's Office
executed Waivers of Right to Protest the Creation of SIDs for the following:
A. Street improvements including paving, curb/gutter, sidewalk and
storm drainage facilities for the following streets:
1. North Plum Avenue; and
2. East Orange Street.
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,
proportionate basis as determined by square footage of property, taxable valuation
of the property, traffic contribution from the development or a combination thereof,
8. The drive approach on East Orange Street shall be constructed in accordance with
the City's standard approach (i.e., concrete apron, sidewalk section and drop-curb)
and shall be accurately shown on a revised site plan, A City Curb Cut and Sidewalk
Permit shall be obtained prior to building permit issuance.
9. Prior to building permit issuance (including demolition permits), the applicant shall
submit complete copies of the building permit submittal materials, for final design
review and approval by Administrative Design Review staff,
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10. Prior to final site plan approval, the applicant shall provide a landscape plan
depicting both existing and proposed landscaping on the subject site, for final review
by Administrative Design Review staff.
11. Prior to issuance of any type of building permit (including demolition permits), the
applicant shall provide a color and materials palette for final design review and
approval by Administrative Design Review staff.
12. 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.
13. 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 Unified Development Ordinance.
14. The applicant must comply with all provisions of the Bozeman Municipal Code that
are applicable to this project.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Kirchhoff, Commissioner Jacobson, Commissioner Becker, Commissioner Rupp, and Mayor Krauss. Those
voting No being none.
Conditional Use Permit with Certificate of Appropriateness to allow modification of placement of
West Catron Creek within a 118-foot-wide watercourse corridor adiacent to Lot 12. Gallatin Center
Subdivision PUD. Phase IV - Allied Enaineerina Services. Inc. for Gallatin TR LP (Z-06022)
This was the time and place set for the public hearing on the Certificate of Appropriateness
requested by Allied Engineering Services, Inc., for Gallatin TR LP, under Application No. Z-06022, to allow
modification of placement of West Catron Creek within a 118-foot-wide watercourse corridor adjacent to Lot
12, Gallatin Center Subdivision PUD, Phase IV. The subject property is located at 2800 Max Avenue.
Continued public hearing
Mayor Krauss reopened the continued public hearing.
Senior Planner Dave Skelton presented the staff report,
Staff has reviewed the application in light of the applicable criteria, and staff's comprehensive
findings are contained in the written staff report, Based upon those finding staff has forward a
recommendation of conditional approval.
Senior Planner Skelton noted that in February there was a provision upon final site plan approval
concerning this creek. The preliminary plat was approved in 1998, that expired, they resubmitted in 2004,
and the 404 permit was granted to move the creek. When that was relocated, it was placed off of the
centerline.
He noted that it was later realized that it had been placed in the wrong location, and the Army Corps
of Engineers had no problem with leaving it. Now there is an 18-foot-wide corridor with a meandering
stream. There is little room to put the trail, which would have to be under the power lines, There are also
underground utilities and the advisory bodies felt it was in the best interests to place the trail to the east and
continue the stream corridor. Once the vegetation is established it's far more effective, this corridor has
been in effect since 1998 and continues north all the way to Belgrade, Because of that, the bodies
recommended that they construct the trail as a 8-foot wide asphalt surface to be more effective to use by
the general public, Applicant is in agreement with the recommendations, and no public comment was
received. Mr. Pertzborn was concerned about additional setback when developing future phases of Cattail
Subdivision, staff has assured them that additional setback will not be required.
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Mayor Krauss wanted to include, as a condition of approval, that no additional setback will be
required from the property to the west.
Doug Chandler, Allied Engineering, noted that by the time they had discovered this surveying error,
the creek had already been moved and the vegetation had been established, and they then solicited ideas
from the advisory bodies, GVL T liked the trail being in the larger corridor and the applicant liked it there,
so they decided to pursue asking permission to leave it there. He stated agreement with the Mayor about
having a specific provision about not requiring additional setback from the neighboring property.
No member of the public spoke in opposition.
Decision
It was moved by Commissioner Becker, seconded by Commissioner Rupp, that the Certificate of
Appropriateness requested by Allied Engineering Services, Inc., for Gallatin TR LP, under Application No.
Z-06022, to allow modification of placement of West Catron Creek within a 118-foot-wide watercourse
corridor adjacent to Lot 12, Gallatin Center Subdivision PUD, Phase IV, be approved subject to the following
conditions:
1. That the applicant install an 8-foot wide asphaltic trail, along the east side of West
Catron Creek beginning at the intersection with Cattail Street, and applicable bridge
crossings, seating areas and trail signs as depicted on the site plan, that continues
across Lot 12 and north of the property along the west side of the creek until it
reaches the intersection with Catron Street near the Costco facility.
2, That the contractor physically installing said trail improvements shall be required to
hold a pre-construction meeting with the City of Bozeman Parks Department prior
to proceeding with installation of said trail improvements and provide the Planning
Office with written approval by the Park and Recreation Superintendent to proceed
with construction of the trail improvements. Said provisions and trail specifications
shall be noted on the final site plan of Lot 12 for review and approval by the Planning
Office,
3. That additional landscaping shall be installed along the creek corridor to screen the
service and refuse areas of the proposed structure from the corridor and shall
include, but not be limited to, a continuous hedge and juniper shrub clusters along
the east side with a mix of deciduous and coniferous trees for review and approval
by the Planning Office, All trees will be a minimum 2-inch caliper for deciduous and
8 feet in height for coniferous trees.
4. That the landscape plan show the placement of any proposed utility pads proposed
by NorthWestern Energy and that said utilities will be properly screened from the
public open space/trail corridor,
5. All existing utility and other easements must be shown on the final site plan.
6, That the right to a use and occupancy permit shall be contingent upon the fulfillment
of all general and special conditions imposed by the conditional use permit
procedure.
7. That all of the special conditions shall constitute restrictions running with the land
use, shall apply and be adhered to by the owner of the land, successors or assigns,
shall be binding upon the owner of the land, his successors or assigns, shall be
consented to in writing, and shall be recorded as such with the County Clerk and
Recorder's Office by the property owner prior to the issuance of any building
permits, final site plan approval or commencement of the conditional use.
8, That Cattail Creek Subdivision is not required to provide any additional setback for the creek
corridor.
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"
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Becker,
Commissioner Rupp, Commissioner Kirchhoff, Commissioner Jacobson, and Mayor Krauss. Those voting
No being none.
Proposed modification of the City's Urban Renewal Plan to include desian. enaineerina. and
construction of a three-level parkino aaraae facility with desian capacity to support six leyels of
parkina and a retail oround level component of approximately 12.000 sauare feet
This was the time and place set for the public hearing on the proposed modification of the City's
Urban Renewal Plan to include design, engineering, and construction of a three-level parking garage facility
with design capacity to support six levels of parking and a retail ground level component of approximately
12,000 square feet.
Public hearing
Mayor Krauss opened the public hearing.
Finance Director Rosenberry presented the staff report.
She noted that we need to do this so we can issue TIF bonds to pay for the construction of the
garage, What is in front of the Commission is a draft of the resolution that lays the background and makes
the findings that are required by statute to authorize the City to proceed.
Paul Reichert, Downtown Partnership, noted the urban renewal and downtown group support this
project. He reviewed the resolution and suggests that some language could be more specific regarding the
affected tax districts.
Commissioner Rupp noted that as a five-year member of the Parking Commission, he supports this
modification.
Decision
It was moved by Commissioner Rupp, seconded by Commissioner Kirchhoff, to direct staff to bring
back a resolution for adoption by the Commission,
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rupp,
Commissioner Kirchhoff, Commissioner Jacobson, Commissioner Becker, and Mayor Krauss. Those voting
No being none.
Appointments to Bozeman Area Bicycle Adyisory Board. Cemetery Board. Community Alcohol
Coalition. Downtown Bozeman Improvement District Board (lOB)' Downtown Business Improvement
District Board (BID), Historic Preservation Advisory Board. Transportation Coordinatino Committee.
and Wetlands Review Board
Bozeman Area Bicycle Adyisory Board.
It was moved by Commissioner Rupp, seconded by Commissioner Kirchhoff, that Jason Delmue
be appointed to replace Steve Eiger, with an initial term to expire on December 31,2006.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rupp,
Commissioner Kirchhoff, Commissioner Jacobson, Commissioner Becker, and Mayor Krauss. Those voting
No being none,
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Cemetery Board
It was moved by Commissioner Kirchhoff, seconded by Commissioner Becker, that Donald Derby
be appointed to replace Michael Miles with an initial term to expire on December 31, 2008 and Carl D, Craft
be appointed to replace Lynn Flansaas with an initial term to expire on December 31, 2008,
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Kirchhoff, Commissioner Becker, Commissioner Rupp, Commissioner Jacobson, and Mayor Krauss. Those
voting No being none.
Community Alcohol Coalition
It was moved by Commissioner Jacobson, seconded by Commissioner Becker, that Donna LaRue
be appointed to replace Eric Ohs with an initial term to expire June 30, 2006, and Sophie L. Mumford be
appointed to replace Mary McMaster with an initial term to expire June 30, 2006.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Jacobson, Commissioner Becker, Commissioner Rupp, Commissioner Kirchhoff, and Mayor Krauss. Those
voting No being none.
Downtown Bozeman Improvement District lOB
It was moved by Commissioner Becker, seconded by Commissioner Rupp, that Vonda Laird be
appointed to replace Jeff Rupp as a voting member with an initial term to expire June 30, 2008.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Becker,
Commissioner Rupp, Commissioner Kirchhoff, Commissioner Jacobson, and Mayor Krauss. Those voting
No being none,
Downtown Business Improvement District BID
It was moved by Commissioner Rupp, seconded by Commissioner Kirchhoff, that Russell C, Nelson
be appointed to replace Tom Nygard with an initial term to expire June 30,2007.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rupp,
Commissioner Kirchhoff, Commissioner Jacobson, Commissioner Becker, and Mayor Krauss. Those voting
No being none.
Historic Preservation Board
It was moved by Commissioner Jacobson, seconded by Commissioner Becker that Mark Hufstetler
be appointed to replace Brian Krueger as a professional member with an initial term to expire June 30,
2006, that Regina Gee be appointed to replace Krista Palagi as a member at-large with an initial term to
expire June 30, 2007, and that Edwin Engler be appointed to replace Liz Galli-Noble as a member at-large
with an initial term to expire on June 30,2006,
The motion carried by the following Aye and No vote: those voting Aye being Commissioner
Jacobson, Commissioner Becker, Commissioner Rupp, Commissioner Kirchhoff, and Mayor Krauss. Those
voting No being none.
Public Transit Stakeholders Board
Mayor Krauss deferred the appointment to the Public Transit Stakeholders Board until April 3, 2006.
Wetlands Review Board
It was moved by Commissioner Becker, seconded by Commissioner Rupp, that Lynn Bacon
be reappointed with a term to expire December 31,2006, and that Elizabeth Crowe be reappointed with a
term to expire December 31,2007, and that Mary McFadzen be reappointed with a term to expire December
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.
31, 2007, and that Steve O'Neil be reappointed with a term to expire December 31, 2007, and that Ron
LeCain be reappointed with a term to expire December 31,2006.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Becker,
Commissioner Rupp, Commissioner Kirchhoff, Commissioner Jacobson, and Mayor Krauss. Those voting
No being none.
Break -7:09 to 7:19 p.m.
Mayor Krauss declared a break from 7:09 p.m. to 7:19 p.m. in accordance with Commission policy,
Review of pre-application for Hillcrest West Maior Subdivision - subdivide 31.5 acres Iyino west of
Hiahland Boulevard. north of Josephine Park. east of Burke Park. and south of Aspen Pointe into
78 sinale-household lots. 1 multi-household lot. and 1 bed and breakfast lot - PC Development for
Bozeman Deaconess Health Services (P-06005)
Included in the Commissioners' packets was a memo forwarding information on the pre-application
for Hillcrest West Major Subdivision, under which approximately 31.5 acres is to be subdivided, located to
the west of Highland Boulevard, north of Josephine Park, east of Burke Park, and south of Aspen Pointe
into 78 single-household lots, 1 multi-household lot, and 1 bed and breakfast lot as requested by PC
Development for Bozeman Deaconess Health Services under application P-06005,
Associate Planner Jody Sanford presented the staff report. She noted that the property is partially
annexed at this time, but they have been approved for annexation and are in the processing offinalizing that
with an R-3 designation,
Associate Planner Sanford noted that staff and the DRC suggest the extension of Kenyon Drive be
made. On the Planning Board, a majority was supportive of making that connection.
She noted that a second issue is that they are proposing a north-south street, and staff suggested
that this street run next to Burke Park, This would provide parking for a busy park, and on-street disabled
parking, Planning Board was split on that issue.
She brought up the next issue, the dedication of parkland. They are proposing a neighborhood park
to be a private park, so it would not be a dedicated-to-the-public park. They are proposing to meet the
parkland requirement in the community park corridor in the middle of the development. Staff says if they
want to do a small private park, they need to do a cash-in-Iieu in an escrow that can be returned to them
when they dedicate the parkland later, Staff feels it's acceptable in the larger park, but with the cash-in-lieu
escrow option guarantee.
She noted another issue is a configuration of park and open space, and even though it's going to
be private, everybOdy indicated that the park is poorly arranged and a larger consolidated park surrounded
by streets is better. There was also a need to have access to Josephine Park, and the pedestrian access
should be more to the west. Josephine Park has little or no access except for the trails now
Ms. Sanford brought up the final issue in that there is need to provide access to the property owned
by the Burke family. They have expressed interest in building something on those tracts in the future, and
the UDO provides that undeveloped land must have access so it could be developed. Staff feels the
applicant of this proposal needs to do that, and how that happens is up to them, The UDO requires that the
subdivider of the adjacent property must provide access.
Responding to questions from Mayor Krauss, Assistant City Manager Brey answered that there is
a contractual obligation with the City to provide access to the Burke land.
Ms. Sanford noted that the public comment received from the Recreation and Parks Advisory Board,
and GVL T is included in the Commissioner's packets, and one letter expressing opposition to the extension
of Kenyon Drive,
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.
Jason Leep, PC Development, stated that they have made edits to the sub-area text after the sub-
area plan review. He stated that residential areas will provide a seniors-area for people who are capable
of living in an unassisted state. The proposed design will discourage cut-through traffic not needing to be
in the housing area. They are following through with what they presented in the subarea plan. The friends
of Burke Park and Recreation and Parks Advisory Board suggested the developers slide the development
to the east to increase the buffer to Burke Park, and that is represented in the application.
Mr. Leep stated that there is 100-200 feet from the bUildings to the ridge line on average. They do
understand the concern for access to Burke Park and they think they have a better idea, instead of locating
the road next to Burke Park. The advisory groups are not in favor of a road next to Burke Park. He noted
that the preliminary plat is consistent with Condition 21, applied when the hospital built their five-story
building and they don't contemplate a road with houses along Burke Park, They are concerned with night
skies and with Burke Park becoming an attractive nuisance. They prefer Kenyon Drive not connect, but if
the City decides it must, they can connect very easily. If access to the Burke land needs to be provided,
they can do that.
Mr, Leep noted that the private park is more of a common open space, where these people can
access the park and still have a common gathering ground: it's really a shared front yard. They are trying
to build this and create a pedestrian environment with single-story homes from 1,500 to 1,800 square feet.
This is not intended to be a thoroughfare to the city's most used park and to do so will reduce the
effectiveness of this type of area.
Dennis Franks, 1805 Kenyon drive, stated he likes the plan and agrees with the buffer space for
Burke Park and likes the access to Josephine Park, He is concerned with traffic on Kenyon should it go
through, He has been told that traffic calming is an important aspect of neighborhoods and Kenyon will be
used as an access, and he is opposed to the connection of Kenyon.
Mark Kramer, 1421 Cherry Drive, noted that this is unofficially a gated community for 55 and over,
with no children, these are public streets and they want to make it into a restricted area, and the
Commission should ask about this. He is also concerned with a business being in this area and is
concerned with eliminating the alleyways. He asked whether the park area is city-maintained or privately
maintained. He also asked if the Highland Boulevard Trail is still going to be paralleling between Highland
and the new development.
Rick Ojala, Vice President of Senior Services at Deaconess, stated that this is a senior support area
for people who need to be near the hospital. It's a well developed concept around the country, and they
haven't written the specific covenants, but it's tied to a continuing care retirement model. The residents
would still be actively involved but most likely be semi-retired or more retired than most areas, He stated
that Bozeman is on the map as a retirement community, This type of housing alternative doesn't exist in
Bozeman today, He thinks the architecture looks at accommodating changes in life stages and includes
universal architectural design so they have wider doorways and the option to have grab rails, The Bed and
Breakfast provides for families to visit, and they are common in the model they are looking at. It fits the
UDO zoning, and agrees to Condition 21 language and he thinks this meets what was agreed to. As far as
access to Burke Park, they have provided 2 extra handicapped accesses and a trail to Burke Park and
provide handicapped access already,
Responding to questions, Mr. Leep answered that the alleyways are shown on the plan, and are 30
feet wide rather than 20-foot alleyways and will be maintained by the HOA, and the trail will stay in it's
current location. He noted that the Bed and Breakfast will need a conditional use permit.
Responding to questions from Commissioner Rupp, Mr. Leep noted that the lots and cottages will
be resold and will be restricted to resale to people over 55. The covenants will require that units must go
back to the Deaconess Foundation and the hospital will resell them. He also responded that all lots will be
one-story units.
Commissioner Jacobson noted she likes the concept, having had elderly parents and she likes the
Bed and Breakfast.
Commissioner Jacobson suggested she likes the idea of not having a road going by Burke Park.
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Responding to Commissioner Jacobson, Mr. Leep suggested the developer could improve
Josephine Park with access, a parking lot, and restrooms.
Commissioner Becker noted he likes the idea of an escrow, and Mr. Leep noted they are fine with
that until the larger park become a reality,
Commissioner Rupp noted he likes the one-story limit. With Burke Park and the view shed, he's not
willing to give up on the road idea yet, and how important they are to access parks. He stated concern that
Bozeman Deaconess will not retain ownership.
Commissioner Kirchhoff stated that it's a nice way to front a park with a street that provides housing
frontages that look westward to a nice sunset instead of fences, and thinks a public right of way to Burke
and the fronts of houses along Burke Park is a better idea. He noted that Director Winn stated another
access would be beneficial to health and welfare and a Kenyon Drive connection should be seriously
considered. He stated that he thinks the parkland here is substandard.
Mayor Krauss reminded the Commission that Deaconess paid for a majority of the Highland
Boulevard improvements back in the 80's because they were anticipating future development. He
questioned when people who didn't participate in the building of the road claim right to it. This is a public
road paid for by private funds from one entity. He noted that the road along the park is what our UDO
requires and the road right of way parallel the park, this is to prevent encroachment of back yards into parks.
He remembers private open space causing problems in the past. He thinks this is very appropriate for a
development in the hospital area, but doesn't think we need to wall them off, and spare the traffic, He thinks
we have to have an extension of the east-west road on the south end and north-south road to cover public
safety and contractual obligations.
Presentation from Rob Pertzborn. Intrinsik Architecture. reaardinQ City facility site analysis and
initial feasibility observations and recommendations
Rob Pertzborn presented a proposal with possibilities for solving the City's space needs for the next
7-10 years, along with possibilities to help solve the library's financial difficulties in conjunction with the
construction of the new library,
1, He suggested to move city hall to existing library building, which would result in a 60%
increase in space, and that the city should prepare renovation plans, The goal is to minimize remodeling,
and is not intended to be permanent. We should target March 15,2007, for occupancy, and then move
again in 7-10 years, He thinks that we could be in with minimal remodeling, and this move would free up
City Hall.
2. He suggested that we move police department to existing City Hall, which would result in
a 70% increase in net area, but a reduction in parking for the police department. He would look at
renovation plans again, and a minimal amount of remodeling, The police would move again in 7-10 years.
The police department using 8.000 feet in the Law and Justice Center,
3. He discussed long term options for police department to return to the Law and Justice Center
campus. If the County wasn't planning a new building within the next few years, we would look at the police
department to be part of the new City Hall. He suggested possible remote precincts or a move to the
existing library.
4. He brought up records storage and suggested a long-term central storage facility, because
it is less expensive to build storage than offices.
5. The Clotfelter group did a study for a City Hall complex, and suggested a 60,000 square-foot
building with expansion provisions, featuring combined city services, and plan to start construction in 7-10
years.
6. He explores options for funding for suitable sites for future City Hall complex and suggested
finding that site sooner than later, We need to look at what kinds of space are we going to need with our
future staff needs, city shops, fire station 1, city park maintenance district staff.
03-27 -06
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Jim Veltkamp, President of the Bozeman Police Protective Association, expressed concern for
space needs and secure spaces, so they can operate safely to do what they need to do.
City Manager Kukulski noted we have thought about how to build the central facility, When we sell
our structures now, we will lose their increasing value. In 10 years, maybe we will have a 30-40 percent
increase in value that we will be able to sell at that time. He noted that we entered the discussion as a staff
to not create more problems with the library. For the Commission to contemplate that, we owe the Library
Board a response as to whether we are going to retain that building or whether we will sell it. That's the
decision we are at a crux at in the near future.
Mayor Krauss noted that when the County considers its space needs, it has a new district courtroom,
which requires moving another department to accommodate the court. We can move the police department
out of there and put them somewhere else, and it was a good idea to do ten years ago. He can't see any
reason why we would consider selling a building we have now,
Mayor Krauss suggested looking at moving the police department into the library and not disrupting
City Hall.
The City Manager noted he saw that our police department needs what our City Hall has now. He
also noted that the idea of expanding the Law and Justice Center is nowhere on the radar screen. He also
noted that we lose something by the police department moving out of the Law and Justice Center, but we
gain something by them being downtown,
Mr, Pertzborn noted that it's a mistake to think of permanent moves. Even if we build a $50 million
City Hall, there is a timer on it.
No Commission direction was received,
Presentation from Rob Pertzborn. Intrinsik Architecture. reoardino site analysis and initial feasibilitv
observations and recommendations for City lands with reaards to adiacent properties (Iyina alona
east side of South Wallace Ayenue. extendina southward from East Main Street)
Rob Pertzborn presented a proposal demonstrating possibilities for the land lying adjacent to the
new library site and lying along the east side of South Wallace Avenue.
1, He discussed the Story Distributing site, where the new library is going. He suggested that
maybe the City is the best one to clean it up, and then either sell it or do whatever, Can we put the bad dirt
in the landfill? He mentioned that several other nearby sites may also be contaminated, and where can we
put that bad dirt as well.
2. He suggested we explore acquisition of Babcock Street. and/or Olive Street right of way east
towards library lands, If we don't need Curtiss Street. maybe the ground that would be gained would be
enough,
3. He suggested we look at ground around the Story Distributing site for possible sale, or
should it be left as park space.
4. He suggested we look at adjacent parcel redevelopment, this is prime land in the TIF and
we could easily create prime parking; some of the space is the same size as the parking garage, He
mentioned the concept of building the library parking lot bigger sooner and leasing space. He is intrigued
with the area over the library parking lot today, He noted that a surface parking lot is never the best use, and
over time they will be built vertically.
5. He suggested design development for CTEP site and trail improvements, and that we look
carefully at what is going to happen there. This will tell us the best place for a depot.
6. He noted we need to identify potential cash-in-lieu park lands. There will be redevelopment
in this area depending on zone changes. There are projects which are possibly going to be higher density
housing and they won't be able to create parkland,
03-27-06
. . - 14 -
The City Manager noted that Empire has wanted to relocate, and lets say somebody develops a
mixed use piece there. If they have parkland dedications, maybe it's revenue source for the library for them
to meet parklands requirements by purchasing library land to use for dedication.
7. Mr. Pertzborn suggested maybe we should look at the industrial areas near the library site
for possible rezoning. There is high density housing, and should it be retail or offices or what?
Mr. Pertzborn summarized by reminding the Commission to look at city facilities as assets, It's
constant and fluid planning; we are only handing this off to the next Commission. He urged the Commission
to keep in mind that all the building projects are disconnected, apart from the funds needed.
Commissioner Becker noted he wants to see the alternatives penciled out with the costs, time frame,
and also looking at whether we fund and provide the staff needed by the police department. He likes
retaining the community assets while we build a longer game plan,
City Manger Kukulski noted that East Willson School was on the list, along with the Kenyon Noble
site for possible sites for the new City Hall Complex.
Mayor Krauss noted that we had a library lands task force charged with finding a way to pay for the
library, and we didn't get that done. That task force tried to come up with a solution that could please
everyone, Last time we got every single special interest group and we didn't come up with a solution.
Having a dispassionate professional that doesn't have personal interest in the site go in and see how this
can work, someone with a good interest in planning, that is how we will make some progress, We are not
abandoning anybody, or turning our backs on anyone, we are trying to come up with solutions as a whole
that will work.
Extension of Meetina
It was moved by Commissioner Rupp, seconded by Commissioner Kirchhoff to extended the
meeting to 10:30 p,m., pursuant to Rule II1A2 of the Rules of Procedure,
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Rupp,
Commissioner Kirchhoff, Commissioner Jacobson, Commissioner Becker, and Mayor Krauss. Those voting
No being none,
Presentation from Rob Pertzborn.lntrinsik Architecture. reaardina site analysis and initial feasibilitv
observations and recommendations for City lands with reaards to adiacent properties (Iyino alona
east side of South Wallace Avenue. extendina southward from East Main Street) (continued)
Alice Meister, Library Director, noted that they are still looking for funds, and they had hoped that
Babcock would go through and that they want to be part of the process,
Chris Mehl, Library Lands Task Force, noted that they had a very narrow scope for what they could
look at and what they could not. The Library Foundation would welcome being part of the task force again,
and they appreciate the public involvement process and they appreciate people like Mr, Pertzborn to proVide
specific questions.
Mr. Mehl also noted that the Foundation is interested in participating as they continue to raise private
money, and their work will never end supporting the library; the more the public is involved, the more they
will possibly contribute privately later,
Brian Caldwell, Planning Board, noted the RFP was supposed to look at the growth pOlicy
amendment, and if there is so much interest in developing this property, suggested a PUD be a good idea
to develop this property to it's best use.
David Cook, member of Recreation and Parks Advisory Board, commented he would like to see the
board participate in this process, and commented that there were people who were very knowledgeable on
land issues who were a part of the task force.
03-27 -06
. . - 15 -
Eric Nelson, 1503 South Grand, suggested that if the City has space needs and doesn't act now,
perhaps the City will have to move outside of city limits in the future because of a lack of developable land.
He suggested that possibly the City should look at appropriating this land and saving it as a future asset.
Commissioner Kirchhoff questioned the planned obsolescence, and stated that when you go into
a place you should stay there. You will make it work for a long period of time. He noted that we need to
be somewhat ruthless, to identify potential properties and then work forward from there, That's the
Commission's job, to make those calls.
Mr, Pertzborn noted that he thinks we don't necessarily need Curtiss and should focus on Olive and
Babcock and maybe we won't have to go as far into the green space.
The City Manager noted that the task force recommended we sell an acre of land. If we look closely,
this is directly tied to buying Story Distributing, cleaning it up, and running the road. The appraisal range
was $375,000-$750,000 and that appraisal in putting this on the market, but has contingencies about what
kind of building can be built; you also have to buy the neighboring site and clean it up.
Mayor Krauss noted that if we can divorce the library's need for money from good planning
principles, we can move forward in a good manner.
Mayor Krauss suggest that this area should be a part of the downtown area and should be
considered as a multi-use area.
Commissioner Kirchhoff suggested this area would be appropriate for banks, cafes, office mini-
building, or other multi-use types.
Reward for City Clerk Robin L. Sullivan
Mayor Krauss wants to direct staff to bring back a resolution honoring Ms. Sullivan for her service
to the City noting this is her last Commission meeting.
City Manager Kukulski noted the party going on Friday, March 31,2006,
Commissioner Kirchhoff noted Robin is the kind of person who reminds us to dress warm on a cold
day and is a true guide, She's indispensable and a fantastic person and we will miss her terribly, Thanks
for everything she has done for the City of Bozeman,
Mayor Krauss noted that we will miss her and the City will miss her, and we need to come up with
a way to permanently honor her,
Mayor Krauss yielded the gavel to Mayor Pro Tempore Jacobson for the purposes of making the
following motion: It was moved by Mayor Krauss, seconded by Commissioner Becker, to direct staff to draft
a resolution to find a way to permanently honor Ms, Sullivan,
The motion carried by the following Aye and No vote: those voting Aye being Mayor Krauss,
Commissioner Becker, Commissioner Rupp, Commissioner Kirchhoff, and Commissioner Jacobson, Those
voting No being none.
Mayor Pro Tempore Jacobson returned the gavel to Mayor Krauss.
Discussion - FYI Items
The following "For Your Information" items were forwarded to the Commission,
(1 ) Agenda for the County Commission meeting to be held at 9:00 a.m. on Tuesday, March 28,
at the Courthouse.
(2) Agenda for the County Commission meeting to be held at 1 :30 a.m. on Wednesday, March
29, at the Courthouse.
03-27 -06
. -16-
. . ;
(3) Copies of the current maps published by the City of Bozeman in both digital and paper
format for the Commissioners as requested.
(4) Agenda for the Development Review Committee meeting to be held at 10:00 a.m.
Wednesday, March 29, 2006, in the upstairs conference room in the Alfred Stiff Professional Building.
(5) Invitation from the Montana Department of Commerce concerning community housing, public
facilities, and economic and other community development needs.
(6) Agenda for the Solid Waste management District Board to be held at 7:00 a.m. on
Wednesday, April 12, 2006 , in Manhattan,
Adjournment -10:39 p.m.
There being no further business to come before the Commission at this time, Mayor Krauss
adjourned the meeting,
d -
ATTEST: ~S'MaYOr
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City Clerk
PREPARED BY:
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DEVIN M, HARBOUR
Deputy City Clerk
03-27 -06