HomeMy WebLinkAbout2004-11-15 Minutes, City Commission
MINUTES OF THE MEETING OF THE CITY COMMISSION
BOZEMAN, MONTANA
November 15, 2004
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The Commission of the City of Bozeman met in regular session in the Commission Room, Municipal
Building, on Monday, November 15, 2004, at 7:00 pm. Present were Mayor Andrew Cetraro, Commissioner
Jeff Krauss, Commissioner Marcia Youngman, Commissioner Steve Kirchhoff, Commissioner Lee Hietala,
City Manager Chris Kukulski, Assistant City Manager Ron Brey, Director of Public Service Debbie Arkell,
Planning Director Andy Epple, Acting City Attorney Tim Cooper, and Deputy Clerk of the Commission Karen
DeLathower.
The meeting was opened with the Pledge of Allegiance and a moment of silence.
Minutes - October 29. November 1. November 3 and November 8. 2004
It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the minutes
of the meetings of October 29, November 1, November 3, and November 8, 2004 be approved as
submitted. 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.
Consent Items
City Manager Kukulski presented to the Commission the following Consent Items.
Commission Resolution No. 3748 - creatina Special Improvement Liahtina District
(SllD) No. 681 - Alder Creek Subdivision. Phases 1 and 2
COMMISSION RESOLUTION NO. 3748
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
RELATING TO LIGHTING DISTRICT NO. 681 (ALDER CREEK SUBDIVISION, PHASES
1 AND 2); CREATING THE DISTRICT FOR THE PURPOSE OF INSTALLING AND
MAINTAINING LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR
INSTAllATION, MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED
PROPERTY BY THE lEVY OF SPECIAL ASSESSMENT.
Commission Resolution No. 3749 - creatina Special Improvement Liahtina District
(SllD) No. 682 - laurel Glen Subdivision. Phase 1
COMMISSION RESOLUTION NO. 3749
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
RELATING TO LIGHTING DISTRICT NO. 682 (LAUREL GLEN SUBDIVISION, PHASE 1);
CREATING THE DISTRICT FOR THE PURPOSE OF INSTAlliNG AND MAINTAINING
LIGHTING IMPROVEMENTS AND ASSESSING THE COSTS FOR INSTALLATION,
MAINTENANCE AND ENERGY THEREFOR TO BENEFITTED PROPERTY BY THE lEVY
OF SPECIAL ASSESSMENT.
Authorize City Manaaer to sian - Acceptance of Public Access Easement from
Yellowstone Manaaement. Inc. - 25-foot-wide strip adiacent to Vallev Center
Road alona Tract B-1. COS No. 1827 (for C'Mon Inn)
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Authorize City Manaaer to sian - Acceptance of Water Pipeline and Access Easement
and Aareement from Yellowstone Manaaement.lnc. - 20-foot~wide strip across
Tract B.1. COS No. 1827 (for C'Mon Inn)
Ratify City Manaaer's sianature on Joint Fundina Aareement with the US Geoloaical
Survey for operation of streamaaaina station on the East Gallatin River below
Bridaer Creek
Authorize City Manaaer to sian: (a) Purchase Aareement for Parcel No. E for West
Babcock Street riaht~of~wav acauisition (32%-foot~wide bv 111 %-foot strip
adiacent to 2629 West Babcock Street): (b) Acceptance of Quit Claim Deed
from Marv Maraaret Bertaanoli for 32%~foot~wide bv 111%-foot strip adiacent
to 2629 West Babcock Street: and (c) Acceptance of Temporarv Access
Easement and Aareement for 15~foot~wide strip alona north side of deeded
riaht~of~wav adiacent to 2629 West Babcock Street
Authorize City Manaaer to sian: (a) Purchase Aareement for Parcel Nos. 22 and 25 for
West Babcock Street riaht-of-wav acauisition (32%~foot-wide bv 80~foot strip
adiacent to 2518 West Babcock Street and 32%-foot-wide bv 390-foot strip
adiacent to 2320 West Babcock Street): (b) Acceptance of Quit Claim Deed
from Stephens Enterprises Limited Partnership for 32%-foot-wide bv 80-foot
strip adiacent to 2518 West Babcock Street: (c) Acceptance of Quit Claim Deed
from Stephens Enterprises Limited Partnership for 32%-foot-wide bv 390-foot
strip adiacent to 2320 West Babcock Street: (d) Acceptance of Temporarv
Access Easement and Aareement from Stephens Enterprises Limited
Partnership for 10-foot-wide strip alona south side of deeded riaht-of-wav
adiacent to 2518 West Babcock Street: (e) Acceptance of Temporarv Access
Easement and Aareement from Stephens Enterprises Limited Partnership for
10-foot-wide strip alona south side of deeded riaht-of-wav adiacent to 2320
West Babcock Street: and (f) Acceptance of Sewer. Water and Storm Drainaae
Pipeline and Access Easement and Aareement. Stephens Enterprises Limited
Partnership - 26-foot-wide strip on the west side of the east line of Tract VW-1.
COS No. 1227 (2518 West Babcock Street)
Authorize City Manaaer to sian - Amendment No. 1 to Professional Services
Aareement for Wastewater Facilitv Plan - Morrison-Maierle. Inc.. Bozeman.
Montana
Authorize City Manaaer to sian - Release and Reconvevance of Easement(s) to Philip
Saccoccia. Jr. - 25.foot-wide perpetual street easement across Tract 1 B1. COS
No. 1215E (extendina southward from Baxter Lane)
Authorize City Manager to sian - Release and Reconvevance of Easement(s) to JoAnn
Cape and Grace France (Cape-France. Inc.) - 35-foot-wide perpetual street
easement across Lot 57. Minor Subdivision No. 272 (extendina southward
from Baxter Lane)
Cancellation of Commission meetinas on December 27.2004. and Januarv 3. 2005
Award bid for 2005 automated garbaae collection truck - Schedule I (cab and chassis)
to Rockv Mountain Truck Center. Belarade. Montana. in the bid amount of
$87.886.00 and Schedule II (packer) to Solid Waste Systems. Spokane.
Washinaton. in the bid amount of $79.395.00
Buildina Inspection Division report for October 2004
Claims
It was moved by Commissioner Youngman, 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
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being Commissioner Youngman, Commissioner Kirchhoff, Commissioner Hietala, Commissioner Krauss,
and Mayor Cetraro; those voting No, none.
Public comment
No comment was received under this agenda item.
Intent to annex all riahts-of-wav utilized for state hiahwavs and other sianificant transportation
facilities - Montana Department of Transportation (A-04015)
This was the time and place set for the public hearing on the intent to annex all rights-of-way utilized
for state highways and other significant transportation facilities, under Application No. A-04015 submitted
by the Montana Department of Transportation, as established by Commission Resolution No. 3741, entitled:
COMMISSION RESOLUTION NO. 3741
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
DECLARING IT TO BE THE INTENTION OF THE CITY OF BOZEMAN, THE
INHABIT ANTS THEREOF AND THE OWNERS OF A TRACT OF LAND CONTIGUOUS TO
SAID CITY OF BOZEMAN, AND HEREIN MORE PARTICULARLY DESCRIBED, TO
EXTEND THE BOUNDARIES OF SAID CITY OF BOZEMAN SO AS TO INCLUDE SAID
CONTIGUOUS TRACT WITHIN THE CORPORATE LIMITS THEREOF.
Public hearing
Mayor Cetraro opened the public hearing.
Planning Director Epple presented the staff report, noting this application is to annex rights-of-way
that have historically been under the State's jurisdiction, but have not been annexed into the city. The
annexation of these roads will simplify the dispatching of emergency services and the coordination of future
street construction. Annexation of these streets will increase the gas tax transfer to the City, while Montana
Department of Transportation retains the maintenance responsibilities for these streets.
The Planning Director noted 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 has forwarded a recommendation for approval, subject
to the following items being addressed prior to, or in, the annexation agreement:
1. An annexation map, titled "MDT Right-of-Way Annexation Map" with a description
of the property shall be submitted by the applicant. The map must be supplied on
a mylar for City records (18-inch by 24-inch), a reduced 8'1f2-inch by 11-inch or 8Y:2-
inch by 14-inch exhibit for filing with the annexation at the County Clerk and
Recorder, and a digital copy for the City Engineer's Office. This map must be
acceptable to the Director of Public Service and City Engineer's Office and shall be
submitted prior to the Resolution of Annexation.
2. The annexation agreement shall include notice that, prior to utilization of the right-of-
way for purposes other than public streets or utilities, the developer will be
responsible for installing any facilities required to provide full municipal services to
the property in accordance with the City's infrastructure master plans and all City
policies and gUidelines that may be in effect at the time of development.
3. The annexation agreement shall include agreement that it is the intention of the
Department of Transportation to continue ownership and maintenance of the rights-
of-way.
Rob Buckvich, Montana Department of Transportation, stated they support staff's recommendations.
No one was present to speak in opposition to this resolution.
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Since there were no Commissioner objections, Mayor Cetraro closed the public hearing.
Decision
It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that staff be directed
to bring back an annexation agreement and resolution of annexation for all rights-of-way utilized for state
highways and other significant transportation facilities, as proposed under Application No. A-04015,
submitted by the Montana Department of Transportation. 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 two new additions. totalina approximately 1.130 sauare feet.
and new covered entrvways on existina buildina. with deviations to allow the addition and covered
entrvway to encroach 7 feet into the reauired 7-foot front Yard setback alona East Mendenhall Street
and encroach into the reauired 50-foot street vision trianale - Sandholm Architects for Gallatin
Community Clinic. 214 East Mendenhall Street (Z-04243)
This was the time and place set for the public hearing on the Certificate of Appropriateness
requested by Sand holm Architects for the Gallatin Community Clinic, to allow two new additions, totaling
approximately 1,130 square feet, and new covered entryways on the existing building located on the north
50 feet of Lots 34 through 38, Block D, Original Townsite, with deviations from Section 18.18.050, Bozeman
Municipal Code, to allow the covered entryway to encroach 7 feet into the required 7 -foot front yard setback
along East Mendenhall Street and from Section 18.44.100, to allow the addition and covered entryway to
encroach into the required 50-foot street vision triangle. The subject property is located at 214 East
Mendenhall Street.
Public hearing
Mayor Cetraro opened the pUblic hearing.
Assistant Planner Kozub presented the staff report. She noted that staff has reviewed this
application in light of the applicable criteria. Based on staff's findings, which are contained in the written
staff report, she forwarded staff's recommendation for approval, subject to several conditions. This property
is located in the Neighborhood Conservation Overlay District and is zoned B-3. Two deviations are being
requested, as outlined in the staff report. Staff normally does not support deviations that encroach into the
street vision triangle, but in this case granting the deviation will not impede vision any more than the existing
building does. No public comment has been received by staff.
No one was present to speak in favor of, or opposition to, the application for Certificate of
Appropriateness.
Since there were no Commissioner objections, Mayor Cetraro closed the public hearing.
Decision
It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that the Certificate of
Appropriateness requested by Sandholm Architects for the Gallatin Community Clinic, to allow two new
additions, totaling approximately 1,130 square feet, and new covered entryways on the existing building
located on the north 50 feet of Lots 34 through 38, Block D, Original Townsite, with deviations from Section
18.18.050, Bozeman Municipal Code, to allow the covered entryway to encroach 7 feet into the required 7-
foot front yard setback along East Mendenhall Street and from Section 18.44.100, to allow the addition and
covered entryway to encroach into the required 50-foot street vision triangle, be approved subject to the
following conditions:
1. Due to parking constraints, the property owner shall not lease more than three (3)
parking spaces to another business or organization.
2. The applicant shall provide a color and materials palette for final design review and
approval by Administrative Design Review Staff.
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3. 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.
4. 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.
5. All code provisions shall be met, the following provisions in particular:
. Per Section18.44.100, "Street Vision Triangle," the planter and
landscaping proposed within the street vision triangle shall not be
greater than 30-,inches in height.
. Per Section 18.38.050.F, all existing and
proposed rooftop
mechanical equipment must be screened.
The motion carried by the fOllowing Aye and No vote: those voting Aye being Commissioner Hietala,
Commissioner Krauss, Commissioner Youngman, Commissioner Kirchhoff, and Mayor Cetraro; those voting
No, none.
Certificate of ADDroDriateness to allow 64-sauare-foot detached accessory shed in rear vard. with
deviations to allow accesorv shed to encroach 3 feet into reauired 5-foot side vard setback and 45
feet into reauired 75-foot setback alona Bozeman Creek - Anna Visscher. 506 North Rouse Avenue
(Z-04247)
This was the time and place set for the public hearing on the Certificate of Appropriateness
requested by Anna Visscher under Application No. 2-04247, to allow the construction of a 64-square-foot
detached accessory shed in the rear yard of Tract 7, Block 1, Perkins and Stone Tract, with deviations from
Section 18.16.050 of the Bozeman Municipal Code, to allow the accessory shed to encroach 3 feet into the
required 5-foot side yard setback, and from Section 18.42.100.8.3., to allow the accessory shed to encroach
45 feet into the 75-foot setback along Bozeman Creek. The subject property is located at 506 North Rouse
Avenue.
Public hearing
Mayor Cetraro opened the public hearing.
Historic Preservation Planner Bristor presented the staff report. She noted that staff has reviewed
this application in light of the applicable criteria. Based on staff's findings, which are contained in the written
staff report, she forwarded staff's recommendation for approval, subject to several conditions. This property
is also located in the Neighborhood Conservation Overlay District and is zoned B-2. Two deviations are
being requested and are outlined in the staff report. As noted, this shed has already been constructed, but
without the necessary approval from the Planning Department. After being notified of the shed's illegal
existence, the applicant made application for a Certificate of Appropriateness. No public comment has been
received by staff.
No one was present to speak in opposition to, or in favor of, this application.
Since there were no objections, Mayor Cetraro closed the pUblic hearing.
Decision
It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the Certificate
of Appropriateness requested by Anna Visscher under Application No. 2-04247, to allow the construction
of a 64-square-foot detached accessory shed in the rear yard of Tract 7, Block 1, Perkins and Stone Tract,
with deviations from Section 18.16.050 of the Bozeman Municipal Code, to allow the accessory shed to
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encroach 3 feet into the required 5-foot side yard setback, and from Section 18.42.100.8.3., to allow the
accessory shed to encroach 45 feet into the 75-foot setback along Bozeman Creek, be approved subject
to the following conditions:
1. The applicant shall provide a landscape plan that displays adequate landscaping
along the shed's west elevation or shall rotate the shed so that the front elevation
faces North Rouse Avenue.
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.
5. All code provisions shall be met, the following provisions in particular:
. Per Section 18.38.050.E., "Accessory
Buildings, Uses and
Equipment," no accessory building shall exceed the height or
footprint of the principal building.
. Per Section 18.42.130., "Fences, Walls and Hedges," all new fences
shall have only one elevation "finished" side out (defined as not
having its supporting members significantly visible to adjacent
properties ).
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.
Conditional Use Permit for Village Lofts Planned Unit DeveloDment - allow ::1:8.6 acres to be
develoDed as 168 dwellina units in four 5-storv towers (2 buildinas) with relaxations to allow
buildinas to encroach 3 feet into 5-foot setback: increase maximum heiaht of a roof with Ditch of less
than 3:12 from 34 feet to 75 feet: allow trash enclosures in reauired front vard: allow the East Main
Street and North Broadway Avenue intersection to ooerate at level of service less than "0": increase
maximum commercial drive access width from 35 feet to 46% feet: decrease minimum number of
reauired off-street oarkina soaces from 164 oer lot to 122 oer lot: and to desianate a Dortion of lot
3. Villaae Boulevard Minor Subdivision No. 344 as an artificial lot and allow a cash-in-lieu oavment
for oarkland dedication (Z-04265)
This was the time and place set for the public hearing on the Conditional Use Permit for Village Lofts
Planned Unit Development, as requested by the Village Investment Group under Application No. Z-04265,
to allow :t8.6 acres described as Lots 3 and 5, Village Boulevard Minor Subdivision No. 344, to be
developed as 168 dwelling units in four 5-story towers (2 buildings) with the following relaxations: (1) from
Section 18.16.050, Bozeman Municipal Code, to allow buildings to encroach 3 feet into 5-foot setback; (2)
from Section 18.16.060, to increase the maximum height of a roof with pitch of less than 3: 12 from 34 feet
to 75 feet; (3) from Section 18.42.170.A., to allow trash enclosures in the required front yard; (4) from
Section 18.44.060.0., to allow the East Main Street/North Broadway Avenue intersection to operate at a
level of service less than "0"; (5) from Section 18.44.090.C.2.b., to increase the maximum commercial drive
access width from 35 feet to 46Y2 feet; and (6) from Section 18.46.040, to decrease the minimum number
of required off-street parking spaces from 164 spaces per lot to 122 spaces per lot; and to designate a
portion of Lot 3, Village Boulevard Minor Subdivision No. 344, as an artificial lot and allow a cash-in-lieu
payment for parkland dedication. The subject property is located north of the intersection of Village
Downtown Boulevard and Village Crossing Way.
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Public hearing
Mayor Cetraro opened the public hearing.
Distributed just prior to the meeting was an e-mail message from JP Pomnichowski, suggesting
mitigation strategies for the "already failing intersection of North Broadway Avenue and East Main Street".
Contract Planner Windemaker presented the staff report. She noted that staff has reviewed this
application in light of the applicable criteria. Based on staff's findings, which are contained in the written
staff report, she forwarded staff's recommendation for approval, subject to several conditions. The applicant
has requested numerous relaxations, which are outlined in the staff report. It is believed that the level of
service will fall below 0 at the intersection of North Broadway Avenue and East Main Street primarily in the
evenings, at the end of the work day. There is one correction to the staff report; that the Design Review
Board supports a relaxation of the building height up to 65 feet only, not the Recreation and Parks Advisory
Board Subdivision Review Committee. The Recreation and Parks Advisory Board does, however, support
the requested cash-in-lieu of parkland dedication, subject to the dedication of the trail along the east side
of Lot 5 and dedication of a linear park/trail corridor from under the trestle bridge around the west side of
the wetlands.
Commissioner Youngman expressed her surprise that the Recreation and Parks Advisory Board was
comfortable with accepting cash-in-lieu of parkland and questioned if the applicants could, instead, help the
City purchase parkland in the portion of Lindley Park that has not yet been purchased.
Karin Caroline, Delaney & Company, stated these buildings are not "towers" because they are wider
than they are tall. Each building will contain four floors with ten units each, plus two penthouse units on the
top floor. The units will be accessed from an underground parking facility by a staircase or elevator. Ms.
Caroline explained that the Design Review Board, when making its recommendation to lower the height of
the buildings, does not understand the complexity of these buildings. Certain height requirements must be
met to accommodate mechanical facilities. The massing of the buildings will be below the 65-foot height,
with the top floor being stepped back considerably to reduce the massing. Therefore, they are requesting
the deletion of condition number four. They also request that condition number five be deleted until the
remainder of lots three and four are developed. Ms. Caroline pointed out the applicants have always signed
waivers of right to protest SIDs for the intersection of North Broadway Avenue and East Main Street, adding
that the intersection was a level of service 0 before the Village Investment Group started construction, and
they have not made that intersection worse.
Dan Guggenheim, 418 North Wallace Avenue, expressed his concern with the intersection of North
Broadway Avenue and East Main Street, as addressed in his letter which was included in the Commission
packets. He then distributed a letter from Jon Gerster, President of the Northeast Neighborhood
Association, regarding the neighborhood's concerns with that intersection. While many of the residents
support the Village Loft project, they believe the City needs a clear, proactive plan to deal with the additional
traffic that will be generated.
Charles Day, 330 North Wallace Avenue, voiced his concerns with this intersection, as well. He
addressed the safety of pedestrians who will attempt to cross East Main Street to utilize amenities to the
south. Pedestrians cannot safely cross East Main Street without a traffic signal, particularly because traffic
is moving so quickly as it comes down the downhill grade. He suggested there needs to be traffic calming
and speed reducing measures installed further east on Main Street.
Steve Sutton, 408 North Wallace Avenue, agreed with the comments made by the previous two
speakers, saying he frequently uses the intersection of North Broadway Avenue and East Main Street; and
the traffic at that intersection is horrific at any time of the day. Pedestrian safety is quite a concern at this
intersection and will be exacerbated if the library is built on its proposed location.
Responding to Commissioner Kirchhoff's questions regarding future plans for East Main Street, Mr.
Buckvich stated the intersection of North Church Avenue and East Main Street will be signalized, but not
the North Broadway Avenue intersection because it doesn't meet signal warrants. Warrants are based on
a number of factors, not just level of service. He pointed out that if a "porkchop" is installed to prohibit left-
turn movements from North Broadway Avenue onto East Main Street, that intersection will probably never
meet signal warrants. Mr. Buckvich noted there are many intersections throughout the city that fall below
level of service 0 at certain periods of the day.
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Commissioner Krauss questioned if there are warrants for pedestrian signals, as well. Mr. Buckvich
answered that the Montana Department of Transportation can speculate on future pedestrian/vehicular
usage, but it is important that the warrants accurately reflect the conditions. If the Montana Department of
Transportation knows that pedestrians are heavily using this intersection, they can recalculate the vehicle
warrants to take that into consideration.
Commissioner Hietala asked why models can't be used to predict traffic volumes; and Mr. Buckvich
replied that even when models are used, it can take years for areas to fully develop and warrant a traffic
signal. The Commission needs to be mindful that increased numbers of traffic signals create increased
numbers of accidents, and increased numbers of accidents mean increased numbers of lawsuits.
Commissioner Krauss inquired if the 25 mile per hour speed limit on East Main Street should be
pushed farther east to Highland Boulevard. Mr. Buckvich answered that by law, the Montana Department
of Transportation will have to do a speed study; and what will change the speed will be this type of
development, close to the sidewalk creating a more urban look. The answer to slowing traffic speeds isn't
to change the signs; it doesn't work.
Ms. Caroline agreed the intersection of North Broadway Avenue and East Main Street is problematic;
and, therefore, the Village Investment Group would like to offer to pay for a warrant study at the time of full
buildout and provide that information to the City. This would be done in addition to signing the waivers of
right to protest the creation of SIDs for the improvement of that intersection. Or, if the Commission prefers,
they would fund a study at buildout of the north side and another one at full buildout of the south side.
Planning Director Epple suggested the timing of the warrant studies be determined by the City Engineering
Department in consultation with Montana Department of Transportation.
Assistant City Manager Brey reminded the Commission of the need to be mindful of how many traffic
signals have been installed in the last ten years; not because intersections don't meet warrants, but because
of the expense. Funding is always an issue. City Manager Kukulski noted impact fees are utilized, ideally,
to pay for traffic lights.
Commissioner Kirchhoff suggested the developers buy the materials, and the traffic signal could
then be installed in the usual manner. Planning Director Epple responded that typically when a signal is
warranted, but not yet installed, no further development is allowed to occur until the signal is installed. Staff
would not take the stance that this applicant would be required to install the signal. Even at full buildout,
a light probably won't be warranted.
Commissioner Krauss stated he is not inclined to grant cash-in-lieu of parkland dedication, rather
he would like to have the developer buy off-site parkland, such as the parcel next to Lindley Park that is not
included in the park at this time. Commissioner Youngman suggested that if the developers were to buy
the parcels adjacent to Lindley and Burke Parks to expand those parks, then cash-in-lieu might be
acceptable.
Following discussion, condition number five was amended to provide that the trail corridor from
under the trestle bridge to the west side of the wetlands be designated as a public access easement at this
time, with a written commitment from the applicant to dedicate that easement as parkland when it is needed
in the future. An additional condition will be added to require the applicant to submit a parkland dedication
proposal that includes on- or off-site dedication, cash-in-lieu, or a combination of both, for review by the
Recreation and Parks Advisory Board Subdivision Review Committee, Planning staff, and review and
approval by the Commission.
Commissioner Youngman expressed her concern with the building height because these buildings
will be 14 feet taller than the building in front of them. While she supports additional height, she feels the
requested 75 feet is extreme and will mass large, conspicuous, and staggering from Main Street and will
dominate the landscape.
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
Conditional Use Permit for Village Lofts Planned Unit Development, as requested by the Village Investment
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Group under Application No. Z-04265, to allow :t8.6 acres described as Lots 3 and 5, Village Boulevard
Minor Subdivision No. 344, to be developed as 168 dwelling units in four 5-story towers (2 buildings) with
the following relaxations: (1) from Section 18.16.050, Bozeman Municipal Code, to allow buildings to
encroach 3 feet into 5-foot setback; (2) from Section 18.16.060, to increase the maximum height of a roof
with pitch of less than 3:12 from 34 feet to 75 feet; (3) from Section 18.42.170.A., to allow trash enclosures
in the required front yard; (4) from Section 18.44.060.0., to allow the East Main StreeUNorth Broadway
Avenue intersection to operate at a level of service less than "0"; (5) from Section 18.44.090.C.2.b., to
increase the maximum commercial drive access width from 35 feet to 461f2 feet; and (6) from Section
18.46.040, to decrease the minimum number of required off-street parking spaces from 164 spaces per lot
to 122 spaces per lot; and to designate a portion of Lot 3, Village Boulevard Minor Subdivision No. 344, as
an artificial lot and allow a cash-in-lieu payment for parkland dedication, be approved subject to the following
conditions:
1. The final site plan shall demonstrate that there is no encroachment into the "linear
park and pUblic access/utility easement" along the east side of Lot 5.
2. The property owner shall provide and file with the County Clerk and Recorder's
office executed Waivers of Right to Protest Creation of SIDs for the following:
a) A park maintenance district.
A copy of the filed documents shall be submitted with the final plan.
3. The property owner shall provide and file with the County Clerk and Recorder's
office executed Waivers of Right to Protest Creation of SIDs for the following:
a) Any future improvements to the intersection of North Broadway
Avenue and East Main 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
alternative financing method for 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.
4. Applicant shall be responsible for up to two warrant analyses, the timing to be
determined by the City Engineering Department, in consultation with the Montana
Department of Transportation. If the warrant study indicates that signalization is
appropriate prior to full buildout, no further building permits will be approved until the
signal is installed.
5. The applicant shall dedicate a linear park/trail corridor for a potential future
recreation pathway extending from under the trestle bridge and circling around the
west side of the wetlands. The width of the corridor shall be a minimum of 10 feet
on Lot 5 with the property owners' written assurance that the remainder of an overall
width of 25 feet can be achieved on the adjacent property to the north. The corridor
may be designated as a public access easement at this time, with a written
commitment from the applicant to dedicate the easement when needed in the future.
6. Prior to final site plan approval, the applicant shall submit a parkland dedication
proposal containing on-site or off-site parkland dedication, cash donation in lieu of
parkland dedication, or a combination of both, for review and comment by Planning
staff and the Recreation and Parks Advisory Board Subdivision Review Committee
and review and approval of the City Commission.
Commissioner Krauss indicated he will vote no because of the second sentence of condition number
four.
The motion carried by the following Aye and No vote: those voting Aye being Commissioner Youngman,
Commissioner Kirchhoff, Commissioner Hietala, and Mayor Cetraro; those voting No being Commissioner
Krauss.
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Reauest to Dlace Baxter Lane from North 19th Avenue east aDDroximatelv 2.300 feet on the Street
ImDact Fee CaDitallmDrovements Proaram list - Morrison-Maierle. Inc.. for PhiliD Saccoccia. Jr.
Included in the Commissioners' packets was a memo from City Engineer Rick Hixson forwarding
a request from Morrison-Maierle, Inc., for Philip Saccoccia, Jr., to place Baxter Lane from North 19th
Avenue east approximately 2,300 feet on the Street Impact Fee Capital Improvements Program list.
Planning Director Epple reviewed this request, noting staff recommends denial because all of the
street impact fee money which is available right now is allocated to four other projects. The only way to
allocate street impact fee money to Baxter Lane improvement at this time would be to reduce the allocation
to one of these other projects, and staff does not recommend that action. Staff has suggested that Dr.
Saccoccia resubmit his proposal next year.
Susan Swimley, attorney representing the applicant, clarified that Dr. Saccoccia does not wish to
bump any of these other projects; but he would like Baxter Lane improvements to be added to the Street
Impact Fee Capital Improvements Program list for funding when more money becomes available.
In response to Commissioner Youngman, Ms. Swimley stated they are merely suggesting the
creation of another list, a "8" list, of projects that merit improvement when money becomes available, rather
than requiring property owners to reapply year after year, pay the required application fees, and then be
denied annually.
Director of Public Service Arkell added that, in addition to the CIP street impact fee projects, there
are numerous projects that have received impact fee credits, which also need to be tracked. Staff believes
the improvements to Baxter Lane are important and deserving of street impact fee credits, but it still needs
to be determined when those improvements can be paid for. This project would be the first one on the "B"
list and would be first in line for impact fee credits not previously granted, but it is not yet scheduled.
It was moved by Commissioner Kirchhoff, seconded by Commissioner Hietala, that the request from
Morrison-Maierle, Inc., for Philip Saccoccia, Jr., to place Baxter Lane from North 19th Avenue east
approximately 2,300 feet on the Street Impact Fee Capital Improvements Program list be denied. The
motion carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff,
Commissioner Krauss, and Commissioner Youngman; those voting No being Commissioner Hietala and
Mayor Cetraro.
It was moved by Commissioner Hietala, seconded by Commissioner Krauss, that staff be directed
to give the request from Morrison-Maierle, Inc., for Philip Saccoccia, Jr., to place Baxter Lane from North
19th Avenue east approximately 2,300 feet on the Street Impact Fee Capital Improvements Program list
due consideration and to conduct a broad analysis of this request when the Street Impact Fee Capital
Improvements Program is being prepared, with no resubmittals by the applicant being required. The motion
carried by the following Aye and No vote: those voting Aye being Commissioner Hietala, Commissioner
Krauss, Commissioner Youngman, Commissioner Kirchhoff, and Mayor Cetraro; those voting No, none.
Preliminary Dlat for one-lot minor subdivision with a remainder - subdivide 9.24t acres into one
residential lot with a remainder- Allied Enaineerina for Carl Vandermolen (alona south side of Baxter
Lane aDDroximatelv % mile west of its intersection with North 19th Avenue) (P-04024)
This was the time and place set for review of the preliminary plat for a minor subdivision, requested
by Allied Engineering for Carl Vandermolen under Application No. P-04024, to subdivide a portion of Tract
2, Certificate of Survey No. 1256, containing approximately 20.1183 acres into one lot containing 9.24:t::
acres for further development and a remainder lot. The subject property is located along the south side of
Baxter Lane, immediately south of the US Post Office.
Planning Director Epple presented the staff report on behalf of Senior Planner Skelton. The
application is to subdivide approximately 20 acres of land south of Baxter Lane to create a 9.24 acre, one
lot subdivision. The property has been preliminarily approved for annexation to the city, with an initial zoning
designation of R-4. Because staff is concerned with the disposition of the balance of the acreage, the
remainder of the properties will be encumbered with a covenant stating, "No instrument of transfer of this
tract may be recorded prior to filing of a subdivision plat or certificate of survey reviewed and approved by
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the City of Bozeman". Staff has reviewed this application in light of the applicable criteria and recommends
conditional approval. Staff's comprehensive findings can be found in the written staff report. No public
comment has been received by Planning staff.
Chris Budeski, Allied Engineering, stated there are no longer plans to develop this land at this time,
so the applicant will financially guarantee the improvements to Baxter Lane until such time as development
plans are finalized.
No one was present to speak in opposition to this preliminary plat review.
It was moved by Commissioner Krauss, seconded by Commissioner Youngman, that the preliminary
plat for a minor subdivision, requested by Allied Engineering for Carl Vandermolen under Application No.
P-04024, to subdivide a portion of Tract 2, Certificate of Survey No. 1256, containing approximately 20.1183
acres into one lot containing 9.24:!:: acres for further development and a remainder lot, be approved subject
to the following conditions:
1. Stormwater Master Plan:
A Stormwater Master Plan for the subdivision for a system designed to remove
solids, silt, oils, grease, and other pollutants from the runoff from the private and
public streets and all lots must be provided to, and approved by, the City Engineer.
The master plan must depict the maximum sized retention basin location, show
location of, and provide easements for, adequate drainage ways within the
subdivision to transport runoff to the storm water receiving channel. The plan shall
include sufficient site grading and elevation information (particularly for the basin
site, drainage ways, and finished lot grades), typical stormwater detention/retention
basin and discharge structure details, basin sizing calculations, and a stormwater
maintenance plan.
Any stormwater ponds located within a park or open space shall be designed and
constructed to be conducive to the normal use and maintenance of the open space.
Stormwater ponds for runoff generated by the subdivision (e.g., general lot runoff,
public or private streets, common open space, parks, etc.) shall not be located on
easements within privately owned lots.
While the runoff from the individual lots will be dependent on the intensity of use on
each lot, the maximum sizing of the storm retention facilities for each lot will be
established based on maximum site development. Final facility sizing may be
reviewed and reduced during design review of the final site plan for each lot.
2. Plans and specifications and a detailed design report for water and sewer main
extensions, storm sewer, and the public street, prepared by a professional engineer,
shall be provided to, and approved by, the City Engineer and the Montana
Department of Environmental Quality. The applicant shall also provide professional
engineering services for construction inspection, post-construction certification, and
preparation of mylar record drawings. Construction shall not be initiated on the
public infrastructure improvements until the plans and specifications have been
approved and a pre-construction conference has been conducted.
No building permits shall be issued prior to substantial completion and City
acceptance of the required infrastructure improvements.
3. All infrastructure improvements including 1) water and sewer main extensions and
2) public streets, curb/gutter, sidewalks fronting parks, open space, rear yard
frontages, or other non-lot frontages, and related storm drainage infrastructure
improvements shall be financially guaranteed or constructed prior to final plat
approval.
City standard residential sidewalks shall be constructed on all public street frontages
of a property prior to occupancy of any structure on the property. Upon the third
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anniversary of the plat recordation of any phase of the subdivision, any lot owner
who has not constructed said sidewalk shall, without further notice, construct within
30 days said sidewalk for their lot(s), regardless of whether other improvements
have been made upon the lot. This condition shall be included on the plat and in the
covenants for the subdivision.
4. The location of existing water and sewer mains shall be properly depicted.
Proposed main extensions shall be noted as proposed.
5. The Montana Fish, Wildlife, and Parks, SCS, Montana Department of Environmental
Quality, and Army Corps of Engineers shall be contacted regarding the proposed
project and any required permits (i.e., 310, 404, turbidity exemption, etc.) shall be
obtained prior to final site plan approval.
6. Easements for the water and sewer main extensions shall be a minimum of 30 feet
in width, with the utility located in the center of the easement. In no case shall the
utility be less than 10 feet from the edge of easement.
7. The developer shall make arrangements with the City Engineer's office to provide
addresses for all individual lots in the subdivision prior to filing of the final plat.
8. A total of 50 feet of right-of-way shall be dedicated for Baxter Lane with this
subdivision. This is one half of a minor arterial standard as shown in the Greater
Bozeman Area Transportation Plan, 2001 Update.
9. The southern half of Baxter Lane shall be improved to match the typical section
constructed with Phase I of Baxter Meadows (50 feet back of curb to back of curb)
from the western boundary to the east as far as necessary to connect to existing full
width improvements. This shall include an asphalt taper meeting AASHTO
standards to the west to transition back to the existing road width.
10. Water and sewer mains shall be stubbed out from underneath the new road to
provide service to the lot.
11. That the Bach annexation and zone map amendment shall be formally adopted by
the City Commission prior to submitting an application to the Planning Office for final
plat review and approval.
12. As this is a minor subdivision consisting of one lot, with a remainder, and unless
otherwise advised by the City Attorney's Office, the applicant shall provide evidence
that all original tract(s) of record of this property that are or through this subdivision
will become remainder tract(s) of less than 160 acres and were not created for
purposes of transfer, and that no transfer or conveyance of said tracts will occur
prior to filing of a subsequent subdivision plat or certificate of survey reviewed and
approved by the City of Bozeman. The evidence shall be in a written form and filed
and of record with the Gallatin County Clerk and Recorder prior to final plat approval.
A copy of the filed documents shall be submitted with the final plat. The tract(s)
shall be legally described and the following statement shall be placed on thetract(s):
"No instrument of transfer of this tract may be recorded prior to filing
of a subdivision plat or certificate of survey reviewed and approved
by the City of Bozeman."
13. The property owner 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. Baxter Lane
b. North 27th Avenue
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Signalization improvements for the following intersections:
a. Baxter Lane and North 27th Avenue
The documents filed shall specify that in the event an S.I.O. is not utilized for the
completion of these improvements, the developer agrees to participate in an
alternative 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.
14. That prior to noticing said application for a public meeting before the City
Commission, the applicant shall provide the necessary wetland review information
and summary review by the Wetlands Review Board as outlined in Chapter 18.56
"Bozeman Wetlands Regulations" of the Bozeman Municipal Code.
15. That the applicant implement provisions for affordable housing as set forth in
Section 18.42.180 "Provision of Affordable Housing" and Section 18.16.030 "Lot
Coverage and Floor Area" of the Bozeman Municipal Code during site plan review
of said site. At least ten (10) percent of the residential dwelling units proposed with
development of the site shall be for affordable housing.
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.
Authorization and direction to staff to Droceed with reauest for DroDosals for StOry Mansion
Included in the Commissioners' packets was a memo from City Manager Kukulski forwarding a copy
of the presentation which the task force gave at the October 25 Commission meeting.
City Manager Kukulski noted this request is in response to the Story Mansion Task Force's
recommendation that the City put together a request for proposals to sell or lease the Story Mansion
property. Criteria will then be established for judging the request for proposals as they come in.
It was moved by Commissioner Youngman, seconded by Commissioner Kirchhoff, that the City
Manager be authorized and directed to proceed with a request for proposals for sale or a long-term lease
of the Story Mansion property. 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.
Discussion M FYI Items
The following "For Your Information" items were forwarded to the Commission.
(1 ) Copy of The Neighborhood News for the Marwyn Addition, provided by Neighborhood
Coordinator Tracy Oulman.
(2) Copy of the press release announcing that garbage collection crews will not work on
Thanksgiving Day and that collection will be a day late for the remainder of the week.
(3) Invitation to attend the grand opening of the Career Transitions' One Stop Workforce and
Business Resource Center at 20900 East Frontage Road, Belgrade, on November 16.
(4) Agenda for the County Commission meeting to be held at 9:00 am on Tuesday, November
16, at the Courthouse.
(5) Agenda for the joint meeting of the City Planning Board and Zoning Commission, to be held
at 7:00 pm on Tuesday, November 16, in the Commission Room.
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(6) Agenda for the Development Review Committee meeting to be held at 10:00 am on
Wednesday, November 17, at the Professional Building.
(7) Notes from the Bozeman Area Bicycle Advisory Board meeting held on October 5, 2004.
(8) Copy of the report from the Transfer of Development Rights Committee, dated November
2004.
Assistant City Manager Brey, during his FYI, noted there are several individuals who would like to
convert the skating rink at Bogert Park back into a hockey rink. Staff understands there is to be no hockey
at Bogert Park until directed otherwise by the Commission. The Recreation and Parks Advisory Board will
be preparing a report and submitting it to the Commission.
During his FYI, City Manager Kukulski stated 1) The deadline for Finance Director applications will
be extended until the middle of December, with additional advertising being undertaken. 2) He had an
excellent tour of the fire stations, and a lot of planning effort needs to be started for Station 3. 3) The
November 22 meeting will be spent working on the goals process. 4) Asked if there is interest in having a
Commission meeting on November 29th for an update from the library. A majority of the Commissioners
indicated their interest in holding a November 29th meeting.
Commissioner Krauss expressed his concern that the City is not enforcing ADA requirements for
handicapped accessible parking spaces and sidewalk access during his FYI. ADA Coordinator Brey
responded the City is requiring developers to fix those sidewalks that weren't built to specifications and don't
meet the ADA requirements. Only new construction is required to comply with ADA requirements.
During his FYI, Commissioner Hietala asked if there is any interest among the Commissioners to
approach the County to see if they have any interest in providing additional funding for the library, since 50
percent of the library usage is from county residents.
During his FYI, Commissioner Kirchhoff stated he attended a meeting of the Human Rights
Coalition, held mostly in response to the National Alliance, who continues to do leaflet drops throughout the
City of Bozeman and the state. The Coalition is very concerned because they feel that being silent is not
the best approach to take to the National Alliance, as had been determined earlier by the Commission. He
was asked by the Coalition to forward to the Commission their desire to have the City/Commission take a
stand by issuing a strong statement that says this is not the type of community that wishes to be the
headquarters of a white separatist group, and this type of activity will not take place in our city. He asked
if the Commission would be willing to take such an action. In response to City Manager Kukulski,
Commissioner Kirchhoff stated the City Police and the FBI are aware of the identity of the leader of the
movement, but the only ordinance they are guilty of violating in Bozeman is the littering ordinance.
Therefore, the City Police are waiting for the FBI to get involved since this is a federal violation.
Commissioner Youngman pointed out a previous Commission adopted a resolution identifying
Bozeman as a "hate free zone" and outlining the values of the community, what is acceptable, and what is
not. She is in favor of passing another similar resolution soon to help discourage the further development
of this type of behavior.
Commissioner Krauss stated the City and the Commission have not ignored this issue because the
Police Department is involved and working with the federal government on this. He indicated his desire to
read a letter crafted outside the ordinary opposition to this type of behavior. Commissioner Krauss then
indicated his willingness to sign a letter stating the Commission is opposed to discrimination and white
supremacy/separatist activities.
Commissioner Kirchhoff agreed to draft a letter and e-mail it to the other Commissioners for their
approval.
Adiournment - 10:06 p.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
11-15-04
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carried by the following Aye and No vote: those voting Aye being Commissioner Kirchhoff, Commissioner
Hietala, Commissioner Krauss, Commissioner Youngma , a d Mayor Cetraro; those voting No, none.
ATTEST:
~~~
Clerk of the Commission
PREPARED BY:
=K(U.~ ~~~~
KAREN L. elA THOWE
Deputy Clerk of the Commission
11-1 5-04